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Home My WebLink About2021-06-10 Airport Commission Packet KENAI AIRPORT COMMISSION REGULAR MEETING JUNE 10, 2021 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 *Telephonic/Virtual Information Page 2* http://www.kenai.city 1. CALL TO ORDER a. Pledge of Allegiance b. Roll Call c. Agenda Approval 2. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per speaker) 3. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 4. APPROVAL OF MEETING SUMMARY a. May 13, 2021 ...................................................................................................... Pg. 3 5. UNFINISHED BUSINESS 6. NEW BUSINESS a. Discussion/Recommendation – Special Use Permit to James H. Doyle d/b/a Weaver Brothers, Inc. for Truck Trailer Storage…………………………………….Pg. 6 b. Discussion/Recommendation – Special Use Permit to State of Alaska, Division of Forestry for Air Tanker Reload Base………………………………………………..Pg. 18 7. REPORTS a. City Manager – Acting Airport Manager b. City Council Liaison………………………………………………………………..….Pg. 29 8. NEXT MEETING ATTENDANCE NOTIFICATION – July 8, 2021 9. COMMISSIONER COMMENTS AND QUESTIONS 10. ADDITIONAL PUBLIC COMMENT 11. INFORMATION ITEMS a. May 2021 Mid-Month Report………………………………………………………...Pg. 37 b. April 2021 Enplanements……………………………………………………………..Pg. 39 c. Exhibit E Apron Aircraft Parking……………………………………………………..Pg. 40 1 12. ADJOURNMENT Join Zoom Meeting https://us02web.zoom.us/j/82498709012 Meeting ID: 824 9870 9012 Password: 950334 OR Call: (253) 215-8782 or (301) 715-8592 Meeting ID: 824 9870 9012 Password: 950334 **PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING** MEGHAN -- 283-8231 OR, ERICA -- 283-8281 2 KENAI AIRPORT COMMISSION REGULAR MEETING MAY 13, 2021 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS VICE CHAIR KIMBERLY DODGE, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Vice Chair Dodge called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Vice Chair Dodge led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: K. Dodge, D. Leichliter, J. Bielefeld, D. Pitts G. Feeken, P. Minelga, J. Zirul, Staff/Council Liaison Present: City Manager P. Ostrander, Airport Administrative Assistant E. Brincefield, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Liechliter MOVED to approve the agenda and Commissioner Bielefeld SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENT – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. April 8, 2021 MOTION: Commissioner Leichliter MOVED to approve the meeting summary of April 8, 2021 and Commissioner Bielefeld SECONDED the motion. There were no objections; SO ORDERED. 5. NEW BUSINESS a. Discussion/Recommendation – Special Use Permit to Crowley Fuels LLC for 33 ____________________________________________________________________________________ Airport Commission Meeting Page 2 of 3 April 8, 2021 Aviation Fueling on Apron Fueling Area MOTION: Commissioner Liechliter MOVED to approve the Special Use Permit to Crowley Fuels LLC for Aviation Fueling on Apron Fueling Area and Vice Chair Dodge SECONDED the motion. It was noted that Crowley Fuels LLC requests a Special Use Permit for 35,000 square feet of apron for fueling area. There were no objections; SO ORDERED. b. Discussion/Recommendation – Approving Execution of Lease to SOAR International Ministries MOTION: Commissioner Bielefeld MOVED to approve the a. Execution of Lease to SOAR International Ministries and Commissioner Liechliter SECONDED the motion. It was noted that SOAR International Ministries would like to amend their original lease proposal approved by Council on August 21, 2019. The amendment would allow for a $2,000,000 hanger to be built over 2 years, with an office building to be built after the hangar within 2 years. Total construction of 3.5 million dollars. There were no objections; SO ORDERED. 6. REPORTS a. Airport Manager – City Manager Ostrander and Airport Administrative Assistant Brincefield reported on the following: • Eland Conway has been hired as the new Kenai Airport Manager, and starts on May 17, 2021. Eland has extensive knowledge and experience in all areas of airport operations, and the City believes he will be a great fit for the Airport; • Discussed aircraft accident that occurred on May 12, 2021. Reported that emergency responders, tower manager and airport staff met for a debrief on May 13, and the accident was handled very well. Some communication issues were resolved through debrief; • Received notification that the two ARFF vehicles will be delivered Jun 7, 2021; • Staff attended RSAT meeting which designated 2 areas of concern (hot spots) off runway to taxiways. Additional signage to be requested during certification inspection; • FAA certification inspection rescheduled to July 6-8; • Float plane basin sign to be installed by the end of next week, BBQ pedestals to be delivered mid-June; • Operations staff are busy with spring cleanup. b. City Council Liaison – Council Member Knackstedt reported on the actions of the April 21, 2021 Council Meetings. 44 ____________________________________________________________________________________ Airport Commission Meeting Page 3 of 3 April 8, 2021 7. NEXT MEETING ATTENDANCE NOTIFICATION – June 10, 2021 8. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Pitts noted he appreciates the efforts on float plane basin development Commissioner Bielefeld commented on the parking plan with three air carriers, noting his concern with parking in front of terminal. Commissioner Leichliter encouraged Airport staff to get donations for picnic tables at float plane basin. Would like to see the float plane development advertised. 9. ADDITIONAL PUBLIC COMMENT – None. 10. INFORMATION ITEMS a. April 2021 Mid-Month Report b. March 2021 Enplanements 11. ADJOURNMENT MOTION: There being no further business before the Commission, the meeting was adjourned at 6:26 p.m. Meeting summary prepared and submitted by: ________________________ Meghan Thibodeau Deputy City Clerk 55 MEMORANDUM TO: Airport Commission THROUGH: Eland Conway, Airport Manager FROM: Ryan Foster, Planning Director DATE: June 3, 2021 SUBJECT: Special Use Permit to Weaver Brothers, Inc. for Truck Trailer Storage James H. Doyle, Individually, d/b/a Weaver Brothers, Inc. has requested to use three adjacent City-owned parcels along Coral Street and two portions of additional City owned land for storage of truck trailers for one-year from June 21, 2021 to June 20, 2022. Weaver Brothers, Inc. has been storing truck trailers on three parcels via special use permit from June 20, 2019 to June 20, 2021. This request differs from the previous two approved special use permits by including two additional portions of City owned land, as depicted in Attachment C, in order to adjust for actual current usage for parking truck trailers. This requested SUP use is similar to the use of two parcels under a five-year lease from the City by Weaver Brothers for truck storage along Coral Street and allows for a temporary expansion of their business. The attached maps show the location of the parcels requested for a special use permit. The application submitted to the City is also attached to this memorandum. The Coral Street Airport Zone of the City was appraised at a rate of $0.50 per square foot and the CPI adjustment for the past year is -1.01%. The annual permit fee would be $3,442.67 for all five lots based on $0.50 per square foot, 86,945 total square feet to be used, CPI adjustment of -1.01%, and an 8% of fair market value annual special use permit rate. The parcels are within the Airport Light Industrial (ALI) Zone of the City and within the Airport Reserve. Pursuant to requirements of the Federal Aviation Administration, the City would reserve the right to cancel this special use permit on 90-days’ notice. The recommendation of the Airport Commission will be provided to City Council as part of their decision process for the special use permit. If City Council approves, City Administration would execute a special use permit for truck trailer storage for 12 months to James H. Doyle, Individually, d/b/a Weaver Brothers, Inc. Please review the attached draft special use permit and application materials. What is the recommendation of the Commission to City Council for the special use permit request? 66 Page 2 of 2 Attachment A: Special Use Permit Application submitted on May 10, 2021. Attachment B: Map of Lots 1, 2, and 3 requested in the SUP application. Attachment C: Map of approximately 3,754 square foot and approximately 15,641 square foot portions of City land requested in the SUP application. Attachment D: The Special Use Permit to Weaver Brothers, Inc. for Trailer Storage. 77 SPECIAL USE PERMIT The C ITY OF KENAI (City), for the consideration, and pursuant to the cond itions set out below, hereby grants to JAMES H . DOYLE, INDIVIDUALLY, D/B/A WEAVER BROT HERS, I NC . (PERMITTEE), whose address is P.O . Box 2229, Kenai Alaska 99611 , the non-exclusive right to use 86,94S square feet of area as described below: TSN R11W SECS SEWARD MERIDIAN KN 0860076 GUSTY SUB NO 4 LOT 1 BLK 3 (43S Coral Street); and, TSN R11W SEC S SEWARD MERIDIAN KN 0860076 GUSTY SUB NO 4 LOT 2 BLK 3 (42S Coral Street); and, TSN R11W SECS SEWARD MERIDIAN KN 0860076 GUSTY SUB NO 4 LOT 3 BLK 3 (41S Coral Street); and, Approximately 3.7S4 square foot portion of T SN R 11W SECS SEWARD MERIDIAN KN 089000S GUSTY SUB NO 7 TRACT C-1 as depicted in Attachment C (400 Coral Street); and, Approximately 1 S,641 square foot portion of T SN R 11 W SEC S & 6 SEWARD MERI DIAN KN PTNS OF SECS & 6 as depicted in Attachment C (700 First Avenue). 1. TERM. This special use permit shall be for 12 months from June 21, 2021 to June 20, 2022. 2 . CANCELLATION. Pursuant to requirements of the Federal Aviation Admi nistration, the City reserves the right to cancel this special use permit on 90-days' notice, either delivered in person to the Permittee or by mail. Any or all personal property shall be removed at Permittee's expense upon cancellation or termination of this agreement. 3. PERMIT FEES. The Permittee shall be charged an annual permit fee of $3,442.67 plus applicable sales tax. The Permittee shall not use the parcels until paying the City the permit fee. Checks, bank drafts , or postal money orders s hall be made payable to the City of Kenai and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611 . In addition to the permit fee spec ified above, the Permittee agree s to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: A. Sales tax nor enforced, or levied in the future, computed upon the permit fee payable in monthly installments whether said fee is paid on a monthly or yearly basis; B. All necessary licenses and permits; all lawful taxes and assessments wh ich , during the term hereof may become a lien upon or which may be levied by the State, Special Use Permit -Weaver Brothers, Inc. -2021 Truck Trailer Storage Page 1 of 7 88 Borough, City, or by any other tax levying body, upon any taxable possessory right wh ich Permittee may have in or to the Premises by reason of its use or occupancy or by reason of the terms of this Permit, provided however, that nothing herein contained shall prevent Permittee from contesting any increase in such tax or assessme nt through procedures provided by law. C. In terest at the rate of eight percent (8%) per annum and penalties of ten percent (10%) of any amount of money owed under this Special Use Permit which are not paid on or before the due date . D. Costs and expenses incident to this Special Use Permit, including but not limited to recording costs . 4 . USE. The use by the Permittee of the Premises is limited to the purpose of Truck Trailer Storage . This use is subject to City, Borough, and State laws and regulations and the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities . Use of the Premises is subject to the following conditions: A. Permittee shall use the Premises only for truck trailer storage. B. Trailers must be stored in a manner that will not limit sight lines or create other unsafe driving conditions on adjacent right-of-ways. C. The premises shall be returned to its current condition prior to the end of the term of this Special Use Permit. This shall include the removal of any trash or debris . D. Trailers must be stored in a manner that will not impact any City snow clearing or moving activities. E. Trailers shall be stored such that there will not be oil or other hazardous fluids leaking onto the premises. F. Trailers shall be stored such that there will not be grass or vegetation growing between trailers. G . The Permittee shall follow requirements of the City Fire Marshal and allow City staff to inspect the premises if requested. H. The premises shall not be used to store junked vehicles or other salvaged vehicle or traile r parts. 5. INSURANCE. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee . Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee's insurance policy contains higher limits , the City is entitled to coverage to the extent of the higher limits . A . Garage Liability or Commercial General Liabil ity Insurance, including Premises, all operations, property damage, personal injury and death, broad -form contractual, Special Use Permit -Weaver Brothers, Inc. -2021 Truck Trailer Storage Page 2 of 7 99 w ith a per-occu rrence li m it of not less t ha n $1,000 ,00 0 com bi ned sin g le li mit. Th e policy m ust name t he City as a n addi ti ona l insured . B . Worker 's Compe nsatio n Insura nce wi th coverage fo r all em ployees engaged in work under this Pe rmit or at the P rem ises as requ ired by AS 23 .30.045 . Pe rmittee is further responsible to provide Worker's Co mpensati on Insurance fo r any subcontractor w ho directly or ind irectly prov ides services to Pe rmittee under t hi s Perm it. C. Commercial Automobile Coverage w ith not less than $1,000 ,000 comb ined sing le limit per occurrence. This insurance must cover all owned , hi red , a nd non-owned motor veh icles the Permittee uses for snow moving and storage acti vit ies to , fro m , or on the Premises . The policy must name the City as an additional insured . D. All insurance required must meet the following add itional requ irements: i. All policies w ill be by a company/corporat ion currently ra ted "A-" or bette r by AM. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates , endorsements , or a combination thereof, and signed by a person authorized by the in sure r to bind coverage on its behalf. ii i. Permittee shall request a waiver of subrogation against City from Permittee's insurer and the waiver of subrogat ion , where poss ible , sha ll be provided at no cost to City. iv. Provide the City with notification at least 30 days before any terminat ion , cancellation, or material change in insu rance coverage of any policy required hereunder. v . Evidence of insurance coverage must be submitted to Cit y by June 21, 2020 . The effective date of the insurance sha ll be no late r tha n June 21, 2020. vi. Th is insurance sha ll be primary and exclusive of any ot he r in sura nce carried by the City of Kenai. This insurance shall be w ithout li mitation on the time within wh ich the resu lt ing loss, damage, o r inj ury is actua ll y sustained . 6 . IN D EMNI TY , D EFEND, AND HO LD HARMLE SS AGREE ME NT. T he Perm ittee sha ll fully indemnify , hold harmless, and defend the City of Kenai , its office rs, agents, emp loyees , and vo lunteers at its own expense from and aga inst any and all act ions , damages, costs, liability, claims , losses, judgments, penalties, including reasonable Attorney 's fees of or for liability for any wrongful or neg ligent acts , erro rs, or om issions of the Pe rm ittee, its officers , agents or employees , or any subco nt ract or under th is Perm it. The Permittee shall not be required to defend or indemn ify the City for any c laims of or li abil ity for any wrongfu l or negligent act , error, or om iss ion so le ly due t o the independe nt Special Use Perm it -Weaver Brothers, Inc. -2021 T ruck T ra ile r Sto rage Page 3 of 7 1010 negligence of the City. If there is a claim of or liability for the joint negligence of the Permittee and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall be established upon final determination of the percentage of fault. If any such determination is by settlement, the percentage of fault attributed to each party for purposes of this indemnification provision shall only be binding upon the parties included in the settlement agreement. "Permittee" and "City" as used in this article include the employees, agents, officers, directors, and other contractors who are directly responsible, respectively, for each party. The term "independent negligence of the City" is negligence other than in the City's selection, administration , monitoring, or controlling of the Permittee. 7. PERMITTEE'S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not permit any liens, including mechanic's, laborer's, construction, supplier's, mining , or any other liens obtainable or available under existing law, to stand against the Premises or improvements on the Premises for any labor or material furnished to Permittee or to any related entity or claimed entity. The Permittee shall have the right to provide a bond as contemplated by State of Alaska law and contest the validity or amount of any such lien or claimed lien . Upon the final determination of the lien or claim for lien, the Permittee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Permittee's own expense. 8 . PERSONAL TY. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit. Personal property placed or used upon the Premises and not removed upon termination of this Permit will be removed and/or impounded by the City. Property removed or impounded by the City may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its customers . 9. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions , and/or any requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 10. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. The City may terminate the Permit im mediately, or upon notice shorter than 30 days, to protect public health and safety. The City may also terminate this Permit immediately, or upon notice shorter than 30 days, due to a failure of Permittee to comply with conditions and terms of this Permit, which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period to correct the violation or breach . 11. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. Special Use Permit -Weaver Brothers, Inc. -2021 Truck Trailer Storage Page 4 of 7 1111 12. ASSIGNMENT. Permittee may not assign , by grant or im plication , the who le any part of this Permit, the Premis es, or any improvement on the Prem ises without the written consent of the City. Unl ess the City specifically releases the Perm ittee in writing, the City may hold the Permittee responsib le for performing any obligati on under thi s pe rmit wh ich an assignee fails to perform . 13 . ASSUMPTION OF RISK. Permittee shall provide all proper safeg uards and sha ll assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Permit. 14. NO JOINT VENTURE . The City shall not be construed o r held to be a partner or j oint venturer of Permittee in the conduct of its business or activi ties o n the Premises . 15. SURVIVAL. The oblig ations and duties of Permittee under paragraphs 5 and 6 of this Permit sha ll survive the cancellation, termination , or exp iration of this Pe rm it. 16. AUTHORITY. By signing this Permit, Permittee represents that is has read this agreements and consents to be bound by the terms and conditions herein and that the person sign in g this Permit is duly authorized by the business to bin d the business hereun der. WEAVER BROTHERS, INC. By: __________ _ James H. Doyle President Date: By: __________ _ James H. Doyle Individually Date : CITY OF KENAI By: _____________ _ Paul Ostrander City Manager Date : Special Use Pe rmit -Weaver Brothers, Inc . -2021 T ruck Trailer Storage Page 5 of 7 1212 ACKNOWLEDGMENTS STATE OF ALASKA ) ) SS THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2021 , the foregoing instrum ent was acknowledged before me by Paul Ostrander, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City . Notary Public for Alaska My Commission Expires: --------- STATE OF ALASKA ) ) SS THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2021, the foregoing instrument was acknowledged before me by James H. Doyle, President of Weaver Brothers, Inc., an Alaska limited liability company, on behalf of the company. Notary Public for Alaska My Commission Expires: --------- ST A TE OF ALASKA ) ) SS THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of ____ , 2 021 , the foregoing instrument was acknowledged before me by James H. Doyle . Notary Public for Alaska My Commission Expires: --------- Special Use Permit -Weaver Brothers, Inc. -2021 Truck Trailer Storage Page 6 of 7 1313 ATTEST : Jamie Heinz, CMC, City Clerk SEAL : APPROVED AS TO FORM : Scott M. 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I I I ' 11= r.....-..-.. ,..e .~ . ....,.,. . ~ ~ ....... --"<17:.a:At •••• -P1 1616 City of Kenai \Ii~~ \ \ tU?.\ Special Use Permitp ~ \.0 Application !Application Date: js/10/202.1 r Applicant Information I \lame of Applicant: JAMES H.DOYLE, INDIVIDUALL Y,D/B/A WEAVER BROTHERS, INC. IAailing Address:. PO Box2229 !city~ Kenai /state: .j AK lzip Code:l 99611 ::ihone Number(s}: Home Phone: ( )283-7638 Work/ Message Phone: ( )283-7957 =-mail: (Optional) kevind@wbialaska.com \lame to Appear on Permit: jJames Doyle \failing Address: PO Box 2229 j city: Kenai j State.: !AK j.Zip Codeij 99611 =>hone Number(s): Home Phone: ( )283-7638 Work/ Message Phone: ( )283-7957 =-mail: (Optional) kevind@wbialaska.com Type of Applicant: ~ Individual (at least 18 years of age) D Partnership D Corporation D Government D Limited Liablli Com an LLC ty p y( ) D Other Property Information .egal or pllyaitaf desc~tion of .the p~w.~ • ~/S-~~~.t. *'·r. ~~,,.,,',.Afk~~ ..• ~~-;: c~/ .Sf'. ~.111e1, .-1~.J"f ~~r ~Q·,d .ff':_ ~:.~.~ :, :.f{.,rl ... o"'-.eR ftf...,~ ~IN ,ff~.b ,.J,kc.f """ ·Vt'-V~e>n 4.~:~he-q;..J.h~'J lk.>r,-1Axl .-ri'. "'A-1 ' + "'l?J., i Jescription of the prop0se~busines5 or activity lntended:Trailer storage s the area to be used in front of or immediately adjacent to any established business offering :he same or similar :P.~dducts or services :upon a fixed locatiqn? DYES ~NO Nould the use under this permit interfere with other businesses through excessive noise, )dor, or other nuisances? DYES liNO •. f you answered yes to any of the above questions, please explain: Nhat Is the term requested (not to exceed one year)? 1 year - 3equested Starting Date:6/20/2021 I -.. . . Signature: , __ .. _ -1t:!-t.~.-A Date: 5/10/2021 'rint Name: ~m,es H .• Doyle· Title: President =or City Use Only; Date Application Fee Received: J General Fund 0 Airport Reserve Land City Council Action/Resolution: J Airport Fund 0 Outside Airport Reserve A-.MB.t Number: 1717 MEMORANDUM TO: Airport Commission THROUGH: Eland Conway, Airport Manager FROM: Ryan Foster, Planning Director DATE: June 3, 2021 SUBJECT: SPECIAL USE PERMIT TO STATE OF ALASKA, DIVISION OF FORESTRY FOR AIR TANKER RELOAD BASE The State of Alaska, Division of Forestry has submitted a Special Use Permit Application for use of an air tanker reload base of that portion of Lot 4, FBO Subdivision No. 7, as delineated as Lot 4A of the proposed plat of FBO Subdivision No. 11, which will be recorded in the Kenai Recording District, Third Judicial District, State of Alaska. The preliminary plat was recommended for approval by the Planning and Zoning Commission on May 12, 2021. The plat has been sent to the Kenai Peninsula Borough for the final approval and recording process. This parcel was appraised at a rate of $2.01 per square foot in 2020 and the CPI adjustment for the past year is -1.01%. The annual lease rate would be $17,160.90 based on $2.01 per square foot, 107,811 total square feet, CPI adjustment of -1.01%, and an 8% of fair market value annual lease rate. A Special Use Permit would allow the State of Alaska, Division of Forestry to continue air tanker reload base operations for fire response on July 1, 2021. The Special Use Permit would expire in 1 (one) year on June 30, 2022. Please review the attached draft special use permit and application materials. Does the Commission recommend Council approve the execution of a special use permit to the State of Alaska Division of Forestry? Attachment A: Special Use Permit Application dated March 8, 2021 from the Alaska Division of Forestry requesting use of the proposed Lot 4A, FBO Subdivision No. 11. Attachment B: Preliminary plat of FBO Subdivision No. 11. Attachment C: Aerial map of Lots 3 and 4, FBO Subdivision No. 7. 1818 Page 2 of 2 Attachment D: Special Use Permit for State of Alaska, Division of Forestry for Air Tanker Reload Base. 1919 SPECIAL USE PERMIT The C ITY OF KENAI (C ity), for the consideration, and pursuant to the cond itions set out below, hereby grants to STATE OF ALASKA DIVISION OF FORESTRY (PERMITTEE), whose address is 550 W . 7th Avenue , Anchorage, AK 99501, the non-exclus ive righ t to use approxi mate ly 107,811± square feet of area as described be low: That portion of Lot 4 , FBO Subd ivision No. 7, as delineated as Lot 4A of the prelimin ary plat of FBO Subdi vi sion No. 11 , which will be reco rded in the Kena i Record ing District, T hird Judicial District, State of Alaska . 1. TERM. Th is special use perm it sha ll be for 12 months fro m July 1, 2021 to Jun e 30, 2022 . 2 . CANCELLATION . Pursuant to requirements of the Fede ral Av iat ion Adm ini stration, th e City reserves the right to cancel this special use permit on 90-days ' notice, either delivered in person to the Permittee or by mail. Any o r all personal property s ha ll be removed at Permittee's expense upon cancellation or termination of this agreement. 3 . PERMIT FEES. The Permittee shall be charged an annua l permit fee of $17,160.90 plus applicable sales tax. Th e Pe rmittee shall not use the parce ls until starting monthly paym ents to the City for the pe rm it fee. Checks, bank drafts, or postal money orders shall be made payable to the City of Kena i and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611 . In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided : A. Sales tax nor enforced, or levied in the future , computed upon the permit fee payable in monthly installments whether said fee is paid on a monthly or yearly basis; B. All necessary licenses and permits; all lawful taxes and assessments which, du rin g the term hereof may become a lien upon or which may be levied by the State , Borough , C ity, or by any other tax levying body, upon any taxab le possessory right which Permittee may have in or to the Premises by reason of its use or occupancy or by reason of the terms of this Permit, provided however, th at noth ing here in contained shall prevent Permittee from contesting any increase in such tax or assessment through procedures provided by la w. C. Interest at the rate of e ight percent (8%) per annum and pena lti es of ten pe rc e nt (10%) of any amount of money owed under this Special Use Perm it which are not paid on or before the due date . D. Costs and expenses incident to th is Spec ial Use Perm it, inc lud in g but no t limited to recording costs . Special Use Pe rmit -State of Alaska Division of Forestry Page 1 of 6 2020 4 . USE. The use by the Permittee of the Premises is limited to the purpose of an a ir tanker reload base. This use is subject to City, Borough, and State laws and regulations and the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. Use of the Prem ises is subject to the following conditions : A. Permittee shall use the Premises only for the purpose of an air tanker reload base . B . The premises shall be returned to its current condit ion prior to the end of the term of this Special Use Perm it. This shall include the removal of a ny trash o r debris. C. The Permittee shall follow requ irements of the City Fire Marshal and allow City staff to inspect the premises if requested. 5 . INSURANCE. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee . Where specific limits are stated, the limits are the minimum acceptable limits . If Pe rmittee's insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits. A. Genera l Liability or Commercial General Liability Insurance, including Premises , all operations, property damage, personal injury and death, broad-form contractual, with a per-occurrence lim it of not less than $1 ,000,000 comb ined single limit. The policy must name the City as an additional insured . B. Worker's Compensation Insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23 .30.045 . Permittee is further responsible to prov ide Worker's Compensation Insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not fess than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non-owned motor vehicles the Permittee uses for snow moving and storage activities to, from, or on the Premises . The policy must name the City as an additional insured. D. A ll insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated "A -" or be tter by A.M . Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of in surance policies, certificates, endorsements, o r a combination thereof, and signed by a person authorized by the in surer to bind coverage on its behalf . iii. Permittee shall re quest a waiver of subrogation against City from Permittee's insurer and the waiver of subrogation, where possible, sha ll be provided at no cost to City. Special Use Permit -State of Alaska Division of Forestry Page 2 of 6 2121 iv. Provide the City with notification at le ast 30 days before any termin ati on , cancellation, or material change in insurance cove rage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to C ity by Ju ly 1, 2021 . The effective date of the in surance shall be no later than July 1, 2021 . vi. This insurance shall be primary and excl usive of any other in surance carried by the City of Kenai. This insurance shall be without limi tation on the time within which the resulting loss , damage, or injury is actually sustained . 6 . INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee sha ll fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents, employees, and volunteers at its own expense from and aga inst any and all act ions , damages, costs, liability, claims, losses, judgments, penalties, in c luding reasonab le Attorney's fees of or for liability for any wrongful or negligent acts , errors , or om iss ions of the Permittee , its officers , agents or employees, or any subcontractor under this Permit. The Permittee shall not be required to defend or indemnify the City for any claims of or liability for any wrongful or negligent act, error, or omission sole ly due to th e independent negligence of the City. If there is a claim of or liability for the joint neg ligence of the Permittee and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall be established upon final determination of the percentage of fau lt. If any such determination is by settlement, the percentage of fault attributed to each party for purposes of this indemnification provision shall only be binding upon the parties included in the settlement agreement. "Permittee" and "City" as used in this article include the employees, agents, officers , directors, and other contractors who are directly respons ible , respectively, for each party . The term "ind ependent negligence of the City" is negligence other than in the City's selection , administration , monitoring, or controll in g of the Permittee . 7. PERMITTEE'S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not permit any liens, including mechanic's , laborer's , construction, suppl ier's, mining , or any other liens obtainable or available under existing law, to stand against the Premises or improvements on the Premises for any labor or material furnished to Permittee or to any related entity o r claimed entity. The Permittee shall have the right to provide a bond as contemplated by State of Alaska law and contest the validity or amount of any such lien or claimed lien . Upon the final determ ination of the lien or claim for lien , the Perm ittee will im mediately pay any judgment rendered with all proper costs and charges and sha ll have such lien released or judgment satisfied at Permittee's own expense. 8 . PERSONAL TY. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the terminat ion of this Permi t. Personal property placed or used upon the Premises and not removed upon termination of this Permit will be removed and/or impounded by the City . Property removed or impounded by the City may be redeemed by the owner thereof only upon the payment to the C ity of the costs of removal plus a storage fee of $25 per day . The City of Kenai is not responsib le for any damage to or theft of any pe rsonalty of Permittee or its customers. Special Use Permit -State of A laska Division of Forestry Page 3 of 6 2222 9. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 10. TERMINATION, DEFAU LT. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party . The City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety. The City may also terminate this Permit immediately, or upon notice shorter than 30 days, due to a failure of Permittee to comply with conditions and terms of this Permit, which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period to correct the violation or breach. 11. NO DISCRIMINATION . Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 12. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of this Permit, the Premises, or any improvement on the Premises without the written consent of the City. Unless the City specifically releases the Permittee in writing, the City may hold the Permittee responsible for performing any obligation under this permit which an assignee fails to perform. 13 . ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Permit. 14. NO JOINT VENTURE . The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 15. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this Permit shall survive the cancellation, termination, or expiration of this Permit. 16. AUTHORITY. By signing this Permit, Permittee represents that is has read this agreements and consents to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the business to bind the business hereunder. STATE OF ALASKA DIVISION OF FORESTRY CITY OF KENAI By: By: ____________ _ Special Use Permit -State of Alaska Division of Forestry Page 4 of 6 2323 Michael Burkhead Date: Procurement Specialist Ill Paul Ostrander City Manager Date : ACKNOWLEDGMENTS STATE OF ALASKA ) ) SS THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2021, the foregoing in strument was acknowledged before me by Paul Ostrander, City Manager of the City of Kenai, Alaska , an Alaska home rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires : --------- STATE OF ALASKA ) ) SS THIRD JUD ICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2021, th e foregoing instrument was acknowledged before me by John Sl iwin ski, Vice-President of Alaska Air Fuel, Inc ., on behalf of the corporation . Notary Public for Alaska My Commission Exp ires: --------- Special Use Permit -State of Alaska Divis ion of Forestry Page 5 of 6 2424 ATTEST: Jamie Heinz, MMC, City Clerk SEAL: APPROVED AS TO FORM : Scott M . Bloom, City Attorney Special Use Permit -State of Alaska Division of Forestry Page 6 of 6 2525 .l£GENJl; ~ l l/T lftASS CJ# ltilClftlW(HT Q.O "21 rOJt«) S J l/•" M.W. t:IP ~on rOUN) QI> .) 1/4" ALUM. C,,,_ MOMUWDfT 1.S6101 2000 lll:CCRD ( } lttCOllC OAT\Jlril ~A1 200l'-I, KM 3} F"~tMir °"""'opm'"t .t Uw-Jl'fCJl•l'tJ eM• COtllotM t 1 el IMW'd. Jl.ol• of A.lo1~e. ar.d locol r.,,..lotloflt. •)Th_ ................. ,.dl, .. 1 .. ...t1-. :.) ~~~..:·~""1.._.et.1?.· .... G) r,_1 10 t..t odJoc.nl t. r19hu -o1--r '-on "''11t-, ~t. No ~~t 11Nctwr. eftalt bf CO"IUN •IM.,. ploc.d ...,....,, • utlitJ' __ , wMct1 -.W h i....,• _..,l'I 1111 Ob11'.y 1f o 11Ulty to u .. IN -e11l SURVEYOR'S CERTI FICATE l........,ciwiW)'1Ml I mt1 pro,.1y n~-il -.. ... l•Jlf'K(Jot~-,.....,--~ ... ~ttohpl.t ,.. ... t.._....,mode llJllM•~~4"ct.~ """".....,..,i......,..w-iociuc•ralst•~~ ct d'.-•b'I • .,.4 o1M r cltf.oi1' trc C9frctt. .... __ _ Norti, Unsubdivided I I I I I KN 2004-85 Lot 5 I I I I I I I I I I I '-.. I I KN 97-34 Lot 3 I I I .y KN 97-34 '-.. '-,. Lot 2 I I I ~ KN 97-34 Lot 1 I '-'- I KN 92-60 -Z Lo t 7A -1 '-I ....... I I ........... I Unsubdivided I I I ~ VICINITY IUJ' 1·-1 ma ._, CERTIFICATE of OWNERSHIP and DEDICATION PAUL OSIMAA6ER: diT QXHXWi NOTARY'S ACK NOWLEDGEM ENT ,..~------------~ ~ IOaU. W£ lHL-._ OAT OT-----20_.. HOJA,R 'I' PUS.JC ((IR AUSIV. M'r CCUISSIOH DCPW:S ---- PLAT APPROVAL TMS Pl.Al WAS .UO~ 8'1' ltd: KCMAI l'OtHSUU ICftCUCH l'L.NHNC aMi1SSOi1 AT lMC wcrwcc " KPB FILE No. FBO Subdivision No . 11 A~ .... of Loll.) «Ml 4 flO ~ x .. 7. l"l.t lOOt-34. K lftd ltC'oonftolt ~ l «O\ecl ..,;tfth Hf:'/4 s.ettan J 2, rM, 11111W. S.M., Cfly ot ICMGt, KtftCll f'911h .. 10 """"'GI'!· A10traa. Cofttol<lt\a 7.1"M.. _,.. Sege3ser Suneys SG486 Rosland Sl So::6,1}-Zs:.~~see ,,.,,, at.y o r Lm.tJ 210 nd.tiao Ave. SU 200 Kai a!. Alnka He u 2626 ,X? KI;NAI j I I I I 0 40 80 Feet PZ2021-14 FBO SUBDIVISION NO. 11 KPB #04336039 and 04336040 515 N. Willow St. and 525 N. Willow St. Lots 3 and 4, FBO Subd. No. 7 2727 x KE;NAI City of Kenai Special Use Permit Application !Application Date : j4.29 .2021 Applicant Information Name of Applicant: State of Alaska Division of Forestry Mailing Address : 550 W . 7th Ave . I city: Anchorage !state: I AK !zip Code :l 99501 Phone Number(s): Home Phone: ( )269-8461 Work/ Message Phone : ( )269-8461 E-mail: (Optional) michael .burkhead@alaska.gov Name to Appear on Permit: I State of Alaska Mailing Address : 550 W. 7th Ave. I city: Anchorage jstate: I AK I zip Code:l 99501 Phone Number(s): Home Phone: ( )269-8461 Work/ Message Phone: ( )269-8461 E-mail : (Optional) michael .burkhead@alaska.gov Type of Applicant: D Individual (at least 18 years of age) D Partnership D Corporation ii Government D Limited Liability Company (LLC) D Other Property Information Legal or physical description of the property: Lot 4, FBO subdivision No. 7, According to Plat No. 2001-34 Description of the proposed business or activity intended : Air Tanker Reload Base Is the area to be used in front of or immediately adjacent to any established business offering the same or similar products or services upon a fixed location? DYES ii NO Would the use under this permit interfere with other businesses through excessive noise, odor, or other nuisances? DYES ii NO If you answered yes to any of the above questions, please explain : What is the term requested (not to exceed one year)? 1 year Requested Starting Date: July 1, 2021 Oigltally signed by Michael Burkhead 4 .29.2021 Signature: Michael Burkhead 337217 mm Date: Date: 2021 .04.29 15:37:39 ..08'00' Print Name: Michael Burkhead Title: Procurement Specialist 111 For City Use Only: Date Application Fee Received : D General Fund D Airport Reserve Land City Council Action/Resolution : D Airport Fund D Outside Airport Reserve Account Number: 2828 Kenai City Council - Regular Meeting Page 1 of 4 May 19, 2021 Kenai City Council - Regular Meeting May 19, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3210-2021 - Amending Kenai Municipal Code Sections 23.25.020 - Pay Plan and Adoption, 23.55.020 – Compensation Structure by Grade for Employees in the Classified Service, 23.55.050 – Hourly Rates, Removing the Appended Salary Schedule from the City’s Code of Ordinances to Allow for Adoption of the Salary Schedule through the Ordinance Adopting a Budget for the Following Fiscal Year or by Resolution. (Administration) [Clerk's Note: At the May 5th Meeting, this Ordinance was Postponed to this Meeting; a Motion to Enact is On the Floor.] • Substitute Ordinance No. 3210-2021 – Amending Kenai Municipal Code Sections 23.20.010 – Initial Classification, 23.20.020 – Revisions to Classification Plan, 23.25.020 – Pay Plan and Adoption, 23.55.020 – Compensation Structure by Grade for Employees in the Classified Service, 23.50.010 – Employee Classification, 23.55.050 – Hourly Rates, to Remove the Appended Salary Schedule and Classification Plan from the City’s Code of Ordinances to Allow for Adoption of the Salary Schedule and Classification Plan Before July 1 Each Year Through the Ordinance Adopting a Budget for the Following Fiscal Year or by Resolution. (Administration) 2929 Kenai City Council - Regular Meeting Page 2 of 4 May 19, 2021 2. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3211-2021 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2021 and Ending June 30, 2022 and Committing $4,898,000 of General Fund, Fund Balance for Future Capital Improvements. (Administration) • Substitute Ordinance No. 3211-2021 – Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the Fiscal Year Commencing July 1, 2021 and Ending June 30, 2022 and Committing $4,898,000 of General Fund, Fund Balance for Future Capital Improvements. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3212-2021 - Increasing Estimated Revenues and Appropriations in the Airport Fund, Airfield and Administration Departments for Expenditures in Excess of Budgeted Amounts Related to Additional Temporary Hours and Overtime Hours Needed for Winter Snow Removal Activity and Leave Cash-In Amounts in Excess of Budgeted Amounts Caused by Employee Retirement. (Administration) 4. FAILED. Ordinance No. 3213-2021 - Increasing Revenues and Appropriations in the General, Airport, Water and Sewer and Senior Citizen Funds for City Employee COVID-19 Resilience Pay and Authorizing Payments to Employees on a Retroactive Monthly Basis. (Council Member Glendening, Council Member Winger) 5. ADOPTED UNANIMOUSLY. Resolution No. 2021-30 - Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2021 and Ending June 30, 2022. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2021-31 - Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes Included in the FY2022 Budget to Include Adjusting Terminal Fees Consistent with the City’s Five-Year Airline Operating Agreement, Airport Reserve Land Annual Lease Rates, and Adjusting the Monthly Rental Rates at Vintage Pointe, Eliminating the Fire Departments Fee for Medical Treatment Without Transportation of the Patient, Creating a Fee for Internal Apartment Moves at Vintage Point Manor, No Fees Associated with the City’s Operation of the Kenai Recreation Center, Adding a Conference Room Rental Fee for the Airport and Amending the City’s Library Fees. (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2021-32 - Authorizing the Purchase of Airport Snow Removal Equipment and Accessories Utilizing the State of Alaska Cooperative Fleet Purchasing Agreement. (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2021-33 - Authorizing a Budget Transfer in the General Fund, Non-Departmental Department to Provide Supplemental Funding for the Shop Local Economic Stimulus Program, Authorizing an Amendment of the Program to Extend the Date Vouchers Must Be Spent, and Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with the Kenai Chamber of Commerce and Visitor Center for Administration of the Program. (Administration) 9. ADOPTED. Resolution No. 2021-34 - Further Extending the Disaster Emergency Declaration for the City of Kenai Made on March 18, 2020 in Response to the COVID-19 Health Emergency. (Administration) E. MINUTES 3030 Kenai City Council - Regular Meeting Page 3 of 4 May 19, 2021 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of May 5, 2021. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. REMOVED FROM THE AGENDA. *Action/Approval - Purchase Orders Over $15,000. (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 6/2/2021. *Ordinance No. 3214-2021 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and the Airport Snow Removal Equipment Capital Project Funds to Provide Supplemental Funding for the Replacement of the Wide-Area Tractor and Mower. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 6/2/2021. *Ordinance No. 3215-2021 - Increasing Estimated Revenues and Appropriations in the Water and Sewer Special Revenue and Water and Sewer Capital Projects Funds to Provide Supplemental Funding for the Wellhouse #1 Relocation Project and Authorizing the Issuance of a Contract for the Project. (Administration) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 6/2/2021. *Ordinance No. 3216-2021 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Terminal Improvement Capital Project Fund to Provide Additional Local Share to the Terminal Rehabilitation Project and to Provide Funding to Install Wireless Internet Service for the Public. (Administration) 6. Discussion - COVID-19 Response. (Administration) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 3131 Kenai City Council - Regular Meeting Page 4 of 4 May 19, 2021 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. Boy Scouts of America Letter 3. CIRCAC Directors Report The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting https://us02web.zoom.us/j/89477390282 Meeting ID: 894 7739 0282 Passcode: 622951 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 894 7739 0282 Passcode: 622951 3232 Kenai City Council - Regular Meeting Page 1 of 4 June 02, 2021 Kenai City Council - Regular Meeting June 02, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Robert Ruffner - Cook Inlet Fisheries Update C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3214-2021 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and the Airport Snow Removal Equipment Capital Project Funds to Provide Supplemental Funding for the Replacement of the Wide-Area Tractor and Mower. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3215-2021 - Increasing Estimated Revenues and Appropriations in the Water and Sewer Special Revenue and Water and Sewer Capital Projects Funds to Provide Supplemental Funding for the Wellhouse #1 Relocation Project and Authorizing the Issuance of a Contract for the Project. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3216-2021 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Terminal Improvement Capital Project Fund to Provide Additional Local Share to the Terminal Rehabilitation Project and to Provide Funding to Install Wireless Internet Service for the Public. (Administration) 3333 Kenai City Council - Regular Meeting Page 2 of 4 June 02, 2021 4. ADOPTED UNANIMOUSLY. Resolution No. 2021-35 - Awarding a Professional Services Agreement and Issuing a Purchase Order for Design Services for the Kenai Bluff Stabilization Project. (Administration) 5. ADOPTED UNANIMOUSLY. Resolution No. 2021-36 - Authorizing the Purchase of a New Grader for the Streets Department through Utilization of the State of Alaska Procurement Contract and Issuance of a Purchase Order. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2021-37 - Approving an Amendment to a Lease of Airport Reserve Lands Using the Standard Lease Form Between the City of Kenai and Soar International Ministries, Incorporated, for Tract A-2, General Aviation Apron Subdivision No.7. (Administration) 7. ADOPTED. Resolution No. 2021-38 - Authorizing Contracts for Employee Health Care and Other Benefits Effective July 1, 2021. (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2021-39 - Authorizing Renewal of the City’s Insurance Coverage with Alaska Municipal League Joint Insurance Association for July 1, 2021 through June 30, 2022. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of May 19, 2021. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 6/16/2021. *Ordinance No. 3217-2021 - Conditionally Donating Certain City Owned Property Described as Two Approximate 1 1/4 Acre Parcels to be Subdivided from a Portion of the 72 Acre More or Less Portion of the SE 1/4 Lying East of Tract A Kenai Meadows (KPB Parcel No. 039 010 65) To Kenai Peninsula Housing Initiative for the Development of Restricted Income and Senior Housing. (Mayor Gabriel, Vice Mayor Molloy, Council Member Winger) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 6/16/2021. *Ordinance No. 3218-2021 - Accepting and Appropriating Drug Seizure Funds into the Police Small Tools Account. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 6/16/2021. *Ordinance No. 3219-2021 - Conditionally Donating Certain City Owned Property Described as One Approximate 2 Acre Parcel to be Subdivided from a Portion of the 6.8 Acre More or Less Portion of the East of Tract 4, Baron Park Subdivision (KPB Parcel No. 045 01 035) to Triumvirate Theatre for the Development of a Theatre Facility. (Administration) 3434 Kenai City Council - Regular Meeting Page 3 of 4 June 02, 2021 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 6/16/2021. *Ordinance No. 3220-2021 - Authorizing a Tourism, Travel, and Hospitality Services Economic Stimulus Program to Benefit Certain Kenai Small Businesses and Award of a Professional Services Agreement to the Kenai Chamber of Commerce and Visitor Center for Administration of the Program. (Administration) 6. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Special Use Permit to Crowley Fuels, LLC, for Aviation Fueling on the Apron Fueling Area. (Eland Conway) 7. HEARINGS SET FOR 7/20/21 AT 6:00 P.M. AND 7/23/21 AT 6:00 P.M. Discussion - Set Board of Adjustment Hearings for Two Appeals. (City Clerk) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. Negotiate a Settlement Agreement with Ron and Shirley Smith Regarding Utility Fees for 11440 Kenai Spur Highway Pursuant to AS 44.62.310(c)(1) a Matter of Which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City. M. PENDING ITEMS N. ADJOURNMENT 3535 Kenai City Council - Regular Meeting Page 4 of 4 June 02, 2021 O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting https://us02web.zoom.us/j/89022372498 Meeting ID: 890 2237 2498 Passcode: 207016 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 890 2237 2498 Passcode: 207016 3636 Cily of Kena i I 210 !=idalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.kenai .cily MEMORANDUM TO: THROUGH: FROM: DATE : SUBJECT: Mayor Brian Gabriel and Kenai C ity Council Paul Ostrander, City Manager Eland Conway, Airport Manager May 19, 2021 Airport Mid-Month Report May 2021 Aircraft Rescue and Firefighting Trucks (ARFF) -The two OSHKOSH ARFF vehicles are scheduled for delivery July 2021 . Public Works staff is scheduled to inspect equipment at the manufacturer's facility on June 7, 2021 . 2020/2021 Sand/SRE Storage Building -This project is looking at potential delays due to material and labor shortages. Pre-manufactured Building Supplier is struggl ing with shop drawings and fabrication of materials . More information will be provided next month. It appears unlikely this building w ill be constructed in time to store sand prior to the start of 2021 winter season . 2021 Acquire Snow Removal Equipment (SRE) -FAA authorization was received to proceed with the purchase of a new replacement Snow Blower and Broom for runway maintenance. Resolution 2021-32 to go before council at the 5/19/21 meeting ; a future Ordinance appropriating funds from the FAA will be forthcoming once grant amounts are confirmed . Staff is looking to secure order now based on the long lead time of this equipment. Airport Airfield Drainage -As of April 16th, 2021 , bid ready plans and specifications are at 95% complete. After we receive CatEx and authorization to bid approval from the FAA, HDL will finalize any comments received within final bid docs in anticipation of a formal bid release in early June 2021. Tractor & Mower-Anticipated arrival is August 2021 Administration Report • Eland Conway is the new Kenai Municipal Airport Manager and will be starting May 17, 2021 . Prior to joining the City of Kenai, he was the Marketing & Communications Manager at Ted Stevens Anchorage International Airport (ANC). Eland 's experience includes 15 years in airport operations-starting at the Westchester County Airport in New York, the Mason C ity Municipal Airport in Iowa, and joining the ANC operations 3737 Page 2 of 2 Airport Mid-Month Report team in 2008. From 2008 until 2018 Eland was the administrator of the ANC Airport Emergency Plan and directed three full-scale airport disaster exercises. He is an instrument rated pilot and a Certified Member of the American Association of Airport Executives . • Airport Manager will be out of office June 1-18, 2021. • FAA Airport Certification Inspection rescheduled to July 6-8 • TSA Inspection scheduled July 26-27, 2021 Page 2 of 2 The City of Kenai I www.kenai.city 3838 April Enplanement Report April 2021 3,112 Municipal Airport Month January February March April Mav Ju ne Julv Auqust September October November December Totals FY20 FY21 25000 22500 20000 17500 15000 12500 ' 10000 7500 5000 2500 0 Grant 1,935 47.96% RAVN ALASKA 1,606 1,636 2,161 2 ,100 7 ,503 GRANT AVIATION 1,783 1,476 1,966 1,935 7,160 Total 2020 2021 3,389 6,390 3,112 5,930 4,127 1,317 4 ,035 359 702 1,367 2,445 3,063 2 ,806 2,606 2,366 3 ,080 14,663 32,431 Terminal -Vehicle Parking Revenues A ril $6,503 FY20 Total $11 ,757 FY21 YTD ~ Vehicle Parking Revenues • FY20 • FY21 Change from 2020 -3,001 -2,818 2,810 3,676 667 Ravn 2,100 52.04% 3939 I _3 RAMBLER AIR 10,730 SQ. FT. GRANT 10.130 sQ . FT. UJ z 2 E ~ (/) ct UJ (!) z UJ (/) ~ a.. KENAI MUNICIPAL AIRPORT TERMINAL RAVN 31,755 SQ. FT . LESSOR \. LESS EE ,------------- ' I I I I I I I -------------' KENAI MUNICIPAL A IRPORT EXHIBIT E APRON AIRCRAFT PARKING KENAI , ALASKA ) 4040 JUNE 10, 2021 AIRPORT COMMISSION MEETING ADDITIONAL MATERIALS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add Item 6.c Discussion/Recommendation – Airport Admin. Assistant Fourth Amendment to Restaurant Erica Brincefield Concession Agreement Municipal Airport Memo To: From: Date: Subject: 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE907~1 FAX 907-283-3737 Airport Commission Erica Brincefield -Assistant June 8, 2021 Fourth Amendment to Restaurant Concession Agreement On August 1, 2018 the City of Kenai entered into an Agreement for a Restaurant Concession with Situla LLC (d/b/a Brother's Cafe) from August 1, 2018 through June 30, 2020 with the option to extend for an additional three (3) one-year terms if the City and concessionaire mutually agree in writing. The Concessionaire requests to renew under the same terms and conditions . The Airport has a current Certificate of Insurance on file. Attached for your review and recommendation is the Fourth Amendment to Agreement for Restaurant Concession Agreement which shall be effective July 1, 2021 . Does Commission recommend Council approve the Fourth Amendment to Agreement for Restaurant Concession with Situla LLC (d/b/a Brother's Cafe)? Attachment www.Kena iAirport.com FOURTH AMENDMENT TO CITY OF KENAI MUNICIPAL AIRPORT RESTAURANT CONCESSION AGREEMENT James Hamilton and Zachary Hamilton, Co-Owners (Concessionaire), Situla LLC (d/b/a/ Brother's Cafe, 1510 Kittiwake CT, Kenai, Alaska 99611 , and the CITY OF KENAI, a municipal corporation, organized and ex isting under the laws of the State of Alaska (City), 210 Fidalgo Avenue , Suite 200 , Kenai , Alaska 99611 , entered into a contract for restaurant concession services at the Kenai Airport , beginning August 2 , 2018. Whereas: on August 1, 2018, the Kenai City Council adopted Resolution 2018-42, authorizing the City Manager to enter into a Restaurant Concession Agreement with Concessionaire ; and , Whereas: on March 6 , 2019 , the Kenai City Council adopted Resolution 2019-14, authorizing the City Manager to amend the Agreement with Concessionaire to reflect a temporary adjustment to the fees and payments due; and , Whereas : on June 3, 2020 the Kenai City Council adopted Resolution 2020-34 authorizing the City Manager to extend the Agreement through June 30 , 2021; and , Whereas : on December 16, 2020 the Kenai City Council adopted Resolution 2020-94 authorizing an additional change to the fee structure of the Agreement; and, Whereas: pursuant to Article II of the Agreement, the City and Concessionaire mutually desire and agree to extend the Agreement for the second successive one-year term . Now, therefore , the City of Kenai and Concessionaire agree as follows : 1. Pursuant to Article II of the Restaurant Concession Agreement for the Kenai Municipal Airport, this Agreement is extended for the second one-year term extension beginning on July 1, 2021 and ending on June 30 , 2022. 2 . All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. Restaurant Concession Agreement Amendment 6/8/2021 Page 1 of 3 City __ Con cessio na ire __ Concessionaire LESSOR: CITY OF KENAI Paul Ostrander, City Manager CONCESSIONAIRE: Situla LLC (d/b/a/ Brother's Cafe) Situla LLC (d/b/a/ Brother's Cafe) James Hamilton -Co-Owner Zachary Hamilton -Co-Owner STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of , 2021 , James Hamilton, Co-Owner, Situla LLC (d/b/a/ Brother's Cafe), being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation . Notary Public for Alaska My Commission Expires: _____ _ Restaurant Concession Agreement Amendment 6/8/2021 Page 2 of 3 City __ Concessionaire __ Concessionaire ST A TE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of , 2021, Zachary Hamilton, Co-Owner, Situla LLC (d/b/a/ Brother's Cafe), being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission Expires : _____ _ STATE OF ALASKA ) )ss THIRD JUDICAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2021 , personally appeared before me, PAUL OSTRANDER, known to me and to me known to be the City Manager of the City of Kenai, Alaska , and who acknowledged before me that the foregoing instrument was freely and voluntarily executed on behalf of the City of Kenai, for the uses and purposes set forth and with full authority of the City of Kena i to do so. Notary Public for Alaska My Commission Expires: _____ _ Approved by Kenai City Council on Approved as to lease form by City Attorney Approved by Finance Director Approved by City Manager Restaurant Concession Agreement Amendment 6/8/2021 Page 3 of 3 City __ Concessionaire __ Concessionaire JC Sponsored by: Administration K l;NAI CITY OF KENAI RESOLUTION NO. 2021-xx A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO EXTEND THE RESTAURANT CONCESSION AGREEMENT IN THE KENAI MUNICIPAL AIRPORT FOR AN ADDITIONAL YEAR. WHEREAS, on August 1, 2018, Council passed Reso lution 2018-42 authorizing the City Manager to enter into a restaurant concession agreement with the Brothers' Cafe; and , WHEREAS, on March 6, 2019 Council passed Resolution 2019-14 authorizing the City Manager to enter into an amended concession agreement with the Brothers ' Cafe recognizing decreased business due to the terminal rehabilitat ion project; and , WHEREAS, on December 4 , 2019, Council passed Resolution 2019-78 authorizing the City Manager to enter into an amended concession agreement with the Brothers' Cafe recognizing a necessary business closure due to the terminal rehabilitation project; and, WHEREAS , on June 3 , 2020 Council passed Resolution 2020-34 authorizing the first one year extension of the agreement until June 30, 2021 ; and, WHEREAS , on December 16, 2020, Council passed Resolution 2020-94, further adjusting the fee arrangement with Brother's Cafe; and , WHEREAS, the City of Kenai and Brother's Cafe both desire to extend Agreement for the second one year extension ; and , WHEREAS , at its regular meeting of June 10, 2021 the Airport Comm ission recommended Council approve a further one year extension; and , WHEREAS, it is in the best interest of the City of Kenai to authorize the City Manager to extend the term of the agreement for one additional year pursuant to ARTICLE II of the Restaurant Concession Agreement as Brother's Cafe provides a valuable service to the Airport. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a Fourth Amendment to the Restaurant Concession Agreement with the Brothers Cafe, extending the term of the Agreement for the period of July 1, 2021 and ending June 30, 2022 . Section 2. That this resolution takes effect immediately upon passage . PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of June, 2020 . Reso lution No. 2020-xx Page 2 of 2 ATTEST: Jamie Heinz, CMC , City Clerk BRIAN GABRIEL, SR., MAYOR