HomeMy WebLinkAbout2022-04-14 Airport Commission Packet
KENAI AIRPORT COMMISSION
REGULAR MEETING
APRIL 14, 2022 – 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. March 10, 2022 ................................................................................................... Pg. 3
5. UNFINISHED BUSINESS
6. NEW BUSINESS
a. Discussion/Recommendation – Special Use Permit to Laser Art Alaska, LLC for
Displaying Laser Artwork and Alaskan Gifts for Sale. ......................................... Pg. 6
b. Discussion/Recommendation – Execution of a Lease to Joel Caldwell……….Pg. 17
c. Discussion/Recommendation – Special Use Permit to Weaver Brothers, Inc. for
Truck Trailer Storage…………………………………………………………………..Pg. 24
d. Discussion/Recommendation – Lawton Acres Parcel 04501003 Disposal
Recommendation……………………………………………………………………...Pg. 36
7. REPORTS
a. Airport Manager
b. City Council Liaison ...........................................................................................Pg. 39
8. NEXT MEETING ATTENDANCE NOTIFICATION – May 12, 2022
9. COMMISSIONER COMMENTS AND QUESTIONS
10. ADDITIONAL PUBLIC COMMENT
11. INFORMATION ITEMS
a. February 2022 Enplanement Report………………………………………………..Pg. 46
1
12. ADJOURNMENT
Join Zoom Meeting
https://us02web.zoom.us/j/86758496201 Meeting ID: 867 5849 6201 Password: 742329 OR
Call: (253) 215-8782 or (301) 715-8592
Meeting ID: 867 5849 6201 Password: 742329
**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
MARCH 10, 2022 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Feeken called the meeting to order at 6:00 p.m.
a. Pledge of Allegiance
Chair Feeken led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
G. Feeken, D. Pitts, P. Minelga, J. Bielefeld, J. Caldwell, J.
Daily
J. Zirul
Staff/Council Liaison Present: Airport Manager E. Conway, Administrative Assistant E.
Brincefield, Council Liaison Baisden
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Bielefeld MOVED to approve the agenda and Vice Chair Minelga 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. February 10, 2022
MOTION:
Vice Chair Minelga MOVED to approve the meeting summary of February 10, 2022 with the
requested revision. Commissioner Daily SECONDED the motion. There were no objections; SO
ORDERED.
3
____________________________________________________________________________________
Airport Commission Meeting Page 2 of 3
March 10, 2022
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS – None
a. Discussion/Recommendation – Authorizing the City Manager to Enter into an
Airline Operating Agreement and Terminal Area Lease with Kenai Aviation
MOTION:
Commissioner Bielefeld MOVED to recommend Council authorize the City Manager to enter into
an Airline Operating Agreement and Terminal Area Lease with Kenai Aviation. Commissioner
Daily SECONDED the motion.
Commissioner Caldwell declared a conflict of interest, stating that he is the owner of the
business. Chair Feeken ruled that Commissioner Caldwell had a conflict and excused him from
voting.
Airport Manager Conway noted that there is monetary value with a third tenant, and it is a
benefit to have another air carrier.
UNANIMOUS CONSENT was requested.
VOTE: There were no objections; SO ORDERED.
b. Discussion/Recommendation – Special Use Permit to State of Alaska Department
of Natural Resources/Division of Forestry
MOTION:
Vice Chair Minelga MOVED to recommend Council approve the Special Use Permit to the State
of Alaska DNR/Forestry. Commissioner Bielefeld SECONDED the motion.
Airport Manager Conway noted that this is an annual agreement for 30,000 square feet of apron
parking.
The commission discussed the water main extension for Forestry during the Willow Street
rehabilitation.
UNANIMOUS CONSENT was requested.
VOTE: There were no objections; SO ORDERED.
7. REPORTS
a. Airport Manager – Airport Manager Conway reported on the following:
• Trajectory of passenger enplanements continues to grow;
• Alaska Geographic has installed vending machine in terminal;
• Noted that two other commissions recommended Lawton parcel be retained
instead of disposed when they made their Land Management Plan
recommendations to Council.
4
____________________________________________________________________________________
Airport Commission Meeting Page 3 of 3
March 10, 2022
b. City Council Liaison – Council Member Baisden reported on the City Council Work
Session on March 7, 2022. He noted that he met with Crowley foreman about snow
removal issues on airfield and the cost of moving snow. Airport Manager Conway
noted that the City will work with our tenants to minimize impacts to operations.
8. NEXT MEETING ATTENDANCE NOTIFICATION – April 14, 2022
9. COMMISSIONER COMMENTS AND QUESTIONS
Commissioners congratulated Kenai Aviation, and wished them great success moving forward.
Commissioner Bielefeld reported that maintenance is outstanding.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS
a. January 2022 Enplanement Report
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 6:29 p.m.
Meeting summary prepared and submitted by:
________________________
Meghan Thibodeau
Deputy City Clerk
5
www.KenaiAirport.com
“Serving the Greater Kenai Peninsula”
305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611
TELEPHONE 907-283-7951
FAX 907-283-3737
Memo
To: Airport Commission
Thru: Eland Conway – Airport Manager
From: Erica Brincefield – Assistant to Airport Manager
Date: April 4, 2022
Subject: Special Use Permit – Laser Art Alaska, LLC.
Attached for your discussion and consideration is a request from Riley Updike with Laser
Art Alaska LLC, to rent terminal space to display and sell My Alaskan Gifts and
consignment of other Alaskan Products.
The glass space (suite 120), consisting of approximately 341 square feet, has been empty
for many years. The Airport has advertised for Letters of Interest with no response.
Mr. Updike is proposing to pay 20% commission based on actual selling price of any
sales while displayed at the Airport, plus applicable sales tax.
It is my recommendation to allow Mr. Updike to enter into a Special Use Permit. The
Special Use Permit would be for four months commencing May 1, 2022 and ending on
August 31, 2022.
Does Commission recommend Council approve the Special Use Permit to Laser Art
Alaska LLC.?
Attachments
6
SPECIAL USE PERMIT 2022
The CITY OF KENAI (City) grants to Riley Updike with Laser Art Alaska, LLC
(Permittee), whose address is 48655 Prairie Ave. Soldotna, AK 99669 a Special Use Permit
(Permit) for displaying laser artwork and Alaskan gifts for sale in the Kenai Municipal
Airport terminal building subject to the requirements and the conditions set forth below.
1. Premises. Permittee shall have the exclusive right to use suite 120 , the area described
in the attached diagram (Exhibit A) for the uses identified in thi s Permit.
2. Term. The term of this Permit shall be for four months commencing on May 1, 2022
and ending on August 31 , 2022. Regardless of the date of signature, this Permit shall be
effective as of May l, 2022.
3. Permit Fees. Permittee shall pay the following fees for the privileges extended to
Permittee under this Permit: In-terminal Concession Certified Activity Report attached .
(Exhibit B)
Permittee shall pay a twenty (20) percent commission based on actual selling price of
any sales while displayed at the Airport, plus applicable sales tax.
Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo
Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport
Administration at 305 North Willow Street, S uite 200 , Kenai , AK 99611. Failure to timely
make the payment is grounds for termination of this Permit.
4. Use. City authorizes Pennittee's exclusive use of the Premises for the following
purpose(s):
Office space, Suite 120 , consisting of approximately 341 square feet, located on the
first floor, terminal building, Kenai Municipal Airport, and as more particularly set
forth on Exhi bit A to this Permit (the Premises).
Permittee is authorized to use the Premises for the following purposes only:
Display and sale of My Alaskan Gifts by Laser Art Alaska and consignment of
other Alaskan products
Use of the Premises by Permittee is subject to the reasonable administrative actions of the
City of Kenai for the protection and maintenance of the Premises and of adjacent and
contiguous lands or facilities and is further subject to the following conditions:
Special Use Permit -(Office Space Suite 120) Page 1 of 7
7
Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code
and municipal regulations governing the Kenai Municipal Airport and as those laws and
regulations may be amended from time to time .
Solicitation of donations or operation of a business or other commercial enterprise not
contemplated by this Permit is prohibited without the written consent of City.
5. A irport Operations. Permittee shall ensure that the Permittee, its employees, and
guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the
Airport, that perform any repairs or activities authorized under this Permit act in a manner
that ensures the safety of people and the Airport, the protection of public health and the
environment, and the safety and integrity of the Airport and any premises on the Airport.
Permittee shall employ qualified personnel and maintain eq uipment sufficient for the
purposes of this provision. The Permittee shall immediately notify City of any condition,
problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety
of persons using the Airport, the public health or the environment, or the safety or integrity
of any premises on the Airport.
6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the
right and authority to inspect, at any t ime for any purpose whatsoever, the Premises as well
as any and all equipment used by the Permittee under this Permit.
7. Coordination with Airport Management. Permittee shall coordinate all activities
on the Airport with Airport Management, or a designated representative, and shall abide
by all reasonable decisions and directives of the Airport Management regarding general
use of the Airport by Permittee .
8. 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, City is
entitled to coverage to the extent of the higher limits.
A. Commercial General Liability insurance, including premises , all operations,
property damage, personal injury and death, broad-form contractual, with a per-
occurrence limit of not less than $1 ,000,000 combined single limit. The policy must
include an endorsement under which the insurer extends coverage to Permittee's
fuel handling activities. 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 provide worker's compensation insurance for any
Special Use Permit -(Office Space Suite 120) Page 2 of7
8
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
C. Commercial Automobile Coverage with not less than $1 ,000,000 combined
single limit per occurrence. This insurance must cover all owned, hired, and non-
owned motor vehicles the Permittee uses on the Airport. The policy must name the
City as an additional insured.
D. All insurance required must meet the following additional requirements:
1. All policies will be by a company/corporation currently rated "A-" or
better by A .M . 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
insurer to bind coverage on its behalf.
m. Permittee shall request a waiver of subrogation against City from
Permittee's insurer an d the waiver of subrogation, where possible,
shall be provided at no cost to City.
iv. Provide the City with notification at least 30 days before any
termination, cancellation, or material change in insurance coverage of
any policy required hereunder.
v. Evidence of insurance coverage must be submitted to City by May I,
2022. The effective date of the insurance shall be no later than May
I , 2022.
City may increase the amount or revise the type of required insurance on written demand
without requiring amendments to this Permit. City will base any increase or revision on
reasonable and justifiable grounds. Within two weeks of the written demand, Permittee
shall submit to City evidence ofinsurance coverage that meets the requirements of the City .
9. Assumption of Risk. Permittee assumes full control and sole responsibility as
between Permittee and City for the activities of Permittee, its personnel, employees, and
persons acting on behalf of or under the authority of the Permittee anywhere on the Airport.
Permittee shall provide all proper safeguards and shall assume all risks incurred in its
activities on and access to the Kenai Municipal Airport and _ its exercise of the privileges
granted in this Permit.
Special Use Permit -(Office Space Suite 120) Page 3of7
9
10. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully
indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees,
and volunteers from and against all actions, damages, costs, liability, claims, losses,
judgments, penalties, and expenses of every type and description, including any fees and/or
costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees
and expenses incurred in enforcing this provision (hereafter collectively referred to as
"Liabilities"), to which any or all of them may be subjected, to the extent such Liabilities
are caused by or result from any negligent act or omission or willful misconduct of the
Permittee in connection with or arising from or out of Permittee's activities on or use of
the Premises, Permittee 's access to the Kenai Municipal Airport, and/or Permittee's
exercise of the privileges granted in this Permit. This shall be a continuing obligation and
shall remain in effect after termination of this Permit.
11. No Discrimination. Permittee shall not discriminate against any person because of
the person's race, creed, color national origin, sex, age, or handicap . Permittee recognizes
the right of City to take any action necessary to enforce this requirement of the Permit.
Permittee will furnish services provided under this Permit on a reasonable, and not unjustly
discriminatory, basis to all users of the Airport and shall charge reasonable, and not
unjustly discriminatory, prices for each product or servi ce provided at the Airport.
12. Licenses and Perm its . Permittee shall obtain and maintain all required federal,
state, and local licenses, certificates, and other documents required for its operations under
the Permit. Permittee shall provide proof of compliance to City upon request by the City.
13. Compliance with Law/Grant Assurances. This Permit, and Permittee's activities
conducted under this Permit, is subject to all executive orders, policies and operational
guidelines and all applicable requirements of federal , state, and City statutes, ordinances,
and regulations in effect during the term of this Permit. Further, Permittee shall comply
with all applicable requirements imposed on the Airport by federal law to ensure that the
Airport's eligibility for federal money or for participation in federal aviation programs is
not jeopardized. This Permit is subordinate to the City's grant assurances and federal
obligations.
14. No Exclusivity. The privileges granted under this Permit are not exclusive to
Permittee. City has the right to grant to others any right or privilege on the Airport.
15. Assignment. The privileges granted under this Permit are personal to Permittee and
may not be assigned by Permittee .
Special Use Permit -(Office Space Suite 120) Page 4 of7
10
16. No Joint Venture. 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 or
elsewhere at the Kenai Municipal Airport.
17. No Waiver. Failure to insist upon a strict compliance with the terms, conditions,
and requirements 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.
18. Personalty. Permittee shall remove any and all personal property, including all
vehicles , from the Premises at the termination of this Permit (or any renewal thereof).
Personal property placed or used upon the Premises will be removed and/or impounded by
the City, if not removed upon termination of this Permit and when so removed and/or
impounded, such property may be redeemed by the owner thereof only upon the payment
to the City of the costs of removal plus storage charges of $25 per day . The City is not
responsible for any damage to or theft of any personalty of Permittee or of its customers.
19. Termination; Default. This Permit may be terminated by either party hereto by
giving fourteen (14) days advance written notice to the other party. City may terminate the
Permit immediately, or upon notice shorter than fourteen (14) days, to protect public health
and safety or due to a failure of Permittee to comply with conditions or terms of this Permit
which failure remains uncured after notice by City to Permittee providing Permittee with a
reasonable time period under the circumstances to correct the violation or breach.
20. Definitions. As used in this Permit, "Permittee" means Riley Updike with Laser
Art Alaska, LLC and where the context reasonably indicates, its officers, agents, and
employees . "Airport" means the Kenai Municipal Airport.
18. Janitorial and Cleaning Services. Permittee will provide, at its own expense, the
day-to-day janitorial cleaning services and supplies necessary to maintain the premises in
a clean, neat, and sanitary condition.
19. Security . Permittee will adhere to all applicable responsibilities of the federal
airport security program set out in Federal Aviation Regulations Part 107 and the Airport
Master Security Program. Permittee will procure any required identification badges should
it b e necessary to access the premises or Permittee's operations authorized under this
Permit.
20. Smoking. Neither the Permittee employees, nor customers may smoke in or around
the terminal except in designated smoking areas.
Special Use Permit -(Office Space Suite 120) Page 5of7
11
21. Employee Parking. Employees may use non-exclusive employee vehicle parking
spaces at no charge. All employees must register their vehicle(s) in the Airport Manager's
office to receive a vehicle-parking permit to park while on the job. Permittee shall be held
accountable for Permittee's employees' use of designated vehicle parking facilities and
assure that employees comply with all Airport directives .
22. Signs. Permittee may, after consent by the Airport Manager, install signs at its
premises identifying its business. Permittee will request the Airport Manager's advance
written approval before installation of any signage.
STATE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
CITY OF KEN AI
Paul Ostrander Date
RILEY UPDIKE, LASER ART
ALASKA,LLC
Riley Updike Date
THIS IS TO CERTIFY that on this __ day of , 2022, the foregoing
instrument was acknowledged before me by Paul Ostrander, City Manager, of the City of
Kenai, an Alaska municipal corporation, on behalf of the City.
STATE OF ALASKA )
) SS .
Special Use Permit -(Office Space Suite 120)
Notary Public for Alaska
My Commission Expires: -----
Page 6of7
12
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this __ day of , 2022, the foregoing
instrument was acknowledged before me by Riley Updike, Owner, Laser Art Alaska, LLC.
Approved as to form:
Scott Bloom
City Attorney
Special Use Permit -(Office Space Suite 120)
Notary Public for Alaska
My Commission Expires: ____ _
Page 7of7
13
r i j = 1 'll ~ ~ ;; ':E_ = & ~ m I :> ~ w "' .. ~ ! § ~ ~ I } > ~"'~ Suite 120 ~ a a Exhibit A /' WINCE-CORTHELL-BRYSON J08NO~ 1 REVISED: Platted: 11106119 "" "" ~ THIS DRAWING IS NOT TO SCALE KENAI MUNICIPAL AIRPORT KENAI, ALASKA 14
Kenai Municipal Airport
IN-TERMINAL CONCESSION
CERTIFIED ACTIVITY REPORT
For the Month of _____ , 20_ Date prepared ______ _
Monthly Sales: $ _____ _
The Concessionaire will pay the City of Kenai the percentage fee (20%):
Monthly Gross Sales: $ ____ _ x 20% = $ _____ $ ______ _
Subtotal:
Sales Tax: (6% or $30 whichever is less)
Total Amount Due: (Must be paid by the 151h of the month)
Remit to: City of Kenai
Other Information:
21 O Fidalgo Ave.
Kenai, AK 99611
Gross Sales Attributed to a DBE:
Certification:
$ ______ _
$ ______ _
$ ______ _
$ ______ _
I hereby certify that the above is a true statement from the reco rd s of the following
business :
Business:
Address:
Signature:
Phone No .:
Exhibit 8 15
KE;NAI
Mail ing Address :
Phone Number(s):
E-mai l: (Optional)
M ailing Address : 5
Phone Num ber(s): Home Phone : (
E-m ail : (Optional)
City of Kenai
Special Use Permit
Application
Work/ Message Phone: (
T ype of Applicant: D Individual (at least 18 years of age) D Corporation D Gov ernment
1 d Liability Company (LLC)
Legal or physical description of the property:
Description of the Rroposed business or activity intended : f'lY (A(tA5J:DJ) 6lffj owntd bY /,Cl!l'r IY:fJ)Ja~t{L
uon5/;11~t'lfr 71PP
s the area to be used in front of or immed iately adjacent to any establ ished business offerin g
he same or similar roducts or services upon a fixed location?
N ould the use under this permit interfere with other businesses throug h excessive no ise ,
)dor, or other nuisances?
f you answered yes to any of the above questions , please expla i n:
fl/hat is the term requested (not to exceed one
)i gnature:
'rint Name:
o r City Use Only:
l General Fund
I Airport Fund
D A irport Reserve Land
D Outside Airport R eserve
Date:
Title:
Date Applicati on Fee R ece ived
City Council Action/Resolution
Account Number:
DYES
DYES
16
MEMORANDUM
TO: Airport Commission
FROM: Ryan Foster, Planning Director
DATE: April 5, 2022
SUBJECT: Resolution No. 2022-XX – APPROVING THE EXECUTION OF A LEASE
TO JOEL CALDWELL.
On June 19, 2020, Joel Caldwell entered into an assignment of lease for Lot 3, Block 4, General
Aviation Apron with Dewayne Benton. This lease terminates on June 30, 2022.
Joel Caldwell proposes improvements including additional storage space, restroom facilities, and
paving, with an estimated $100,000 value of improvements to be completed within two (2) years
of signing the lease. Activities noted on the application are aircraft storage and maintenance. The
requested lease term is 17 years.
Pursuant to Kenai Municipal Code 21.10.060 Lease application review, notice of the lease
application was posted in the Peninsula Clarion and stated competing applications may be
submitted for the parcel within 30 -days to the City. The 30 -day window from publication ends on
April 16, 2022, and to-date, no competing applications have been submitted to the City.
The parcel is within the Airport Light Industrial (ALI) Zone. Pursuant to KMC 14.20.065, the
purpose of the ALI Zone is to protect the viability of the Kenai Municipal Airport as a significant
resource to the community by encouraging compatible land uses and reducing hazards that may
endanger the lives and property of the public and aviation users. The proposed aeronautical use
is a permitted and compatible use in the ALI Zone.
The Imagine Kenai 2030 Comprehensive Plan outlines goals, objectives, and action items for the
City, including this one pertaining to the Kenai Municipal Airport:
Objective T- 1: Support future development near or adjacent to the airport when such
development is in alignment with the Kenai Municipal Airport's primary mission, "To be the
commercial air transportation gateway to the Kenai Peninsula Borough and Cook Inlet."
The proposed use complies with the Imagine Kenai 2030 Comprehensive Plan by supporting
development on lease lots with development that is in alignment with the Kenai Municipal Airport's
marketing strategy.
The Airport Land Use Plan was developed to identify the highest and best uses of Kenai Municipal
17
Page 2 of 2
Airport land. The Airport Land Use Plan discusses leasing land and enhancing opportunities for
local economic development. The proposed use by Joel Caldwell complies with the Airport Land
Use Plan and would enhance local economic development.
Please review the attached materials.
Does the Commission recommend Council approve the execution of a lease to Joel
Caldwell?
Attachments:
City of Kenai Land Lease Application from Joel Caldwell
170 Granite Point Ct Map
Draft Resolution 2022-XX
18
19
20
170 Granite Point CtLot 3 Block 4, General Aviation Subdivision No 1 AmendedParcel 04324012
GRANITE POINT CTGRA
N
I
T
E
P
O
I
N
T
S
T
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 4020 Feet
LEGEND
Subject Parcel
Date: 4/5/2022
21
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING THE
EXECUTION OF A LEASE OF AIRPORT RESERVE LANDS USING THE STANDARD LEASE
FORM BETWEEN THE CITY OF KENAI AND JOEL CALDWELL ON LOT 3, BLOCK 4, FBO
GENERAL AVIATION APRON.
WHEREAS, the lease to Joel Caldwell for Lot 3, Block 4, General Aviation Apron expires on June
30, 2022; and,
WHEREAS, on March 14, 2022, Joel Caldwell submitted an application for a lease of City owned
properties within the Airport Reserve, described as Lot 3, Block 4, General Aviation Apron; and,
WHEREAS, the lease application states estimated improvements of $100,000 for additional
storage space, restroom facilities, and paving, and provide aircraft storage and maintenance; an
investment that gives a lease term of 17 years according to the term table in Kenai Municipal
Code 21.10.080; and,
WHEREAS, the proposed development would be mutually beneficial and would conform with the
Kenai Municipal Code for zoning, Kenai's Comprehensive Plan, the Airport Land Use Plan, Airport
Layout Plan, Federal Aviation Administration regulations, Airport Master Plan, Airport
Improvement Program grant assurances, and Airport operations; and,
WHEREAS, the City of Kenai did not receive a competing lease application within thirty (30) days
of publishing a public notice of the lease application from Joel Caldwell; and,
WHEREAS, at their regular meeting on April 13, 2022, the Planning and Zoning Commission
reviewed the lease application and recommended approval by the City Council; and,
WHEREAS, at their regular meeting on April 14, 2022, the Airport Commission reviewed the lease
application and recommended approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That a Lease of Airport Reserve Lands is approved and the City Manager is
authorized to execute a lease between the City of Kenai, Lessor, and Joel Caldwell, Lessee, as
follows:
Lot improvements as outlined in lease application from Joel Caldwell, additional storage
space, restroom facilities, and paving, with an estimated $100,000 value of improvements
to be completed within two (2) years of signing the lease;
22
Resolution No. 2022-XX
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
The evidence must be submitted to the City within 60 days of the completion of the
development and improvements;
The lease term will be 17 years;
Lot developments will prevent unauthorized access to the airfield;
Structures will be built behind the 100 foot building restriction line;
Joel Caldwell is responsible for all snow removal, and snow may not touch the perimeter
security fence or be piled to a height that would allow access to the airport; and
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of May, 2022.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
23
MEMORANDUM
TO: Airport Commission
FROM: Ryan Foster, Planning Director
DATE: April 5, 2022
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, 2022 to June 20, 2023. Weaver Brothers, Inc. has
been storing truck trailers on these five parcels via special use permit from June 20, 2020 to June
20, 2022. 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
annual permit fee for 2021 was $3,442.67 for all five lots at 86,945 total square feet to be used,
and an 8% of fair market value annual special use permit rate. With the CPI adjustment of
6.35% for 2022, the new lease rate is $3,661.28
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.
Does the Commission recommend Council approve the special use permit?
Special Use Permit Application submitted on March 21, 2022.
Map of Lots 1, 2, and 3 requested in the SUP application.
24
Page 2 of 2
Map of approximately 3,754 square foot and approximately 15,641 square foot portions of City
land requested in the SUP application.
The Special Use Permit to Weaver Brothers, Inc. for Trailer Storage.
25
26
27
28
Special Use Permit – Weaver Brothers, Inc. – 2022 Truck Trailer Storage Page 1 of 7
SPECIAL USE PERMIT
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby grants to JAMES H. DOYLE, INDIVIDUALLY, D/B/A WEAVER BROTHERS, INC. (PERMITTEE), whose address is P.O. Box 2229, Kenai Alaska 99611, the non-exclusive right to use 86,945 square feet of area as described below:
T5N R11W SEC 5 SEWARD MERIDIAN KN 0860076 GUSTY SUB NO 4 LOT 1 BLK 3 (435 Coral Street); and,
T5N R11W SEC 5 SEWARD MERIDIAN KN 0860076 GUSTY SUB NO 4 LOT 2 BLK 3 (425 Coral Street); and,
T5N R11W SEC 5 SEWARD MERIDIAN KN 0860076 GUSTY SUB NO 4 LOT 3 BLK 3 (415 Coral Street); and,
Approximately 3,754 square foot portion of T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0890005 GUSTY SUB NO 7 TRACT C-1 as depicted in Attachment C (400 Coral Street); and,
Approximately 15,641 square foot portion of T 5N R 11W SEC 5 & 6 SEWARD MERIDIAN KN PTNS OF SEC 5 & 6 as depicted in Attachment C (700 First Avenue).
1. TERM. This special use permit shall be for 12 months from June 21, 2022 to June 20, 2023. 2. CANCELLATION. Pursuant to requirements of the Federal Aviation Administration, 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 $3,661.28 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 shall 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 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, during the term hereof may become a lien upon or which may be levied by the State,
29
Special Use Permit – Weaver Brothers, Inc. – 2022 Truck Trailer Storage Page 2 of 7
Borough, City, or by any other tax levying body, upon any taxable 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, that nothing herein contained shall prevent Permittee from contesting any increase in such tax or assessment through procedures provided by law. C. Interest 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 trailer 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 Liability Insurance, including Premises, all operations, property damage, personal injury and death, broad-form contractual,
30
Special Use Permit – Weaver Brothers, Inc. – 2022 Truck Trailer Storage Page 3 of 7
with a per-occurrence limit of not less than $1,000,000 combined 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 provide Worker’s Compensation Insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less 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. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. 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 insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by June 21, 2020. The effective date of the insurance shall be no later than June 21, 2020. vi. This insurance shall be primary and exclusive of any other insurance carried by the City of Kenai. This insurance shall be without limitation on the time within which the resulting loss, damage, or injury is actually sustained. 6. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents, employees, and volunteers at its own expense from and against any and all actions, damages, costs, liability, claims, losses, judgments, penalties, including reasonable Attorney’s fees of or for liability for any wrongful or negligent acts, errors, or omissions 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 solely due to the independent
31
Special Use Permit – Weaver Brothers, Inc. – 2022 Truck Trailer Storage Page 4 of 7
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. PERSONALTY. 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 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.
32
Special Use Permit – Weaver Brothers, Inc. – 2022 Truck Trailer Storage Page 5 of 7
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.
WEAVER BROTHERS, INC. CITY OF KENAI
By:____________________________ By:_______________________________
James H. Doyle Date: Paul Ostrander Date: President City Manager
By:____________________________
James H. Doyle Date: Individually
33
Special Use Permit – Weaver Brothers, Inc. – 2022 Truck Trailer Storage Page 6 of 7
ACKNOWLEDGMENTS
STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2022, the foregoing instrument 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 ________, 2022, 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:
STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2022, the foregoing instrument was acknowledged before me by James H. Doyle.
Notary Public for Alaska My Commission Expires:
34
Special Use Permit – Weaver Brothers, Inc. – 2022 Truck Trailer Storage Page 7 of 7
ATTEST:
Michelle M. Saner, MMC, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
35
MEMORANDUM
TO: Airport Commission
THROUGH: Glenda Feeken, Chair
FROM: Eland Conway, Airport Manager
DATE: April 4, 2022
SUBJECT: Parcel 04501003
The Airport Commission requested additional discussion regarding the City’s retention status of Parcel 04501003 located at 10095 Kenai Spur Highway.
On January 26, 2022 Planning and Zoning Commission made a recommendation to amend Resolution PZ2021-39 by adding the recommendation that parcel 04501003 on Map 31 Kenai Spur Highway Central Corridor, be changed from Dispose to Retain to provide a buffer for surrounding neighborhoods.
Would the Airport Commission like to make a motion strongly affirming their
recommendation that Parcel 04501003 (Legal Description: T 6N R 11W SEC 33 SEWARD
MERIDIAN KN S1/2 S1/2 SW1/4 LYING SOUTH OF KENAI SPUR HWY) Retention Status
remain Dispose?
Parcel 04501003 is 16.49 acres outside the Airport Reserve. It was deeded to the City of Kenai in 1964 with airport restrictions. A 1993 Deed of Release allows for the lease or sale of the property for non-airport purposes.
The Airport Compliance Manual provides guidance to FAA employees on the implementation of the FAA’s airport compliance program. Under the program, the FAA has the responsibility to assure airport sponsors comply with certain obligations that arise from FAA grant agreements and from deeds of property conveyance for airport use. Order 5190.6B, Effective November 22,
2021.
Chapter 3: Federal Obligations from Property Conveyances
In general, property agreements require the sponsor to:
Maintain the airport in good and serviceable condition; Use specific lands
approved by the FAA for nonaeronautical use to generate revenue to support
the airport’s aviation needs;
36
Page 2 of 3
Chapter 17: Self-sustainability
17.5. Self-sustaining Principle. Airports must maintain a fee and rental
structure that makes the airport as financially self-sustaining as possible under
the particular circumstances at that airport. The requirement recognizes that
individual airports will differ in their ability to be fully selfsustaining, given
differences in conditions at each airport. The purpose of the self-sustaining rule
is to maintain the utility of the federal investment in the airport.
17.14. Property for Community Purposes. A sponsor may make airport
property available for community purposes at less than fair market value on a
limited basis provided all of the following conditions exist: (a) the property is
not needed for an aeronautical purpose, (b) the property is not producing
airport revenue and there are no near-term prospects for producing revenue,
(c) allowing the community purpose will not impact the aeronautical use of the
airport, (d) allowing the community purpose will maintain or enhance positive
community relations in support of the airport, (e) the proposed community use
of the property is consistent with the Airport Layout Plan (ALP), and (f) the
proposed community use of the property is consistent with other requirements,
such as certain surplus and nonsurplus property federal obligations requiring
the production of revenue by all airport parcels.
17.15. Exception for Community Use. The following are the circumstances
where the FAA will consider community use to be consistent with the self-
sustaining requirement. Agreements for community use of airport land should
incorporate the following requirements as conditions of use.
a. Acceptance. The local community must use the land in a way that
enhances the community's acceptance of the airport; the use may not
adversely affect the airport's capacity, security, safety, or operations.
Acceptable uses include public parks and recreation facilities, including bike or
jogging paths.
When the use does not directly support the airport's operations, a sponsor may
not provide land at less than fair market value rent. Accordingly, the airport
must generally be reimbursed at fair market rent for airport land used for road
maintenance or equipment-storage yards or for use by police, fire, or other
government departments.
b. Minimal Revenue Potential. At the time it contemplates allowing
community use, the sponsor may only consider land that has minimal revenue-
producing potential. The sponsor may not reasonably expect that an
aeronautical tenant will need the land or that the airport will need the land for
airport operations for the foreseeable future (i.e., master plan cycle). When a
sponsor finds that the land may earn more than minimal revenue, but still below
fair market value, the sponsor may still permit community use of the land at
less than fair market value rent provided the rental rate approximates the
revenue that the airport could otherwise earn.
37
Page 3 of 3
38
Kenai City Council - Regular Meeting Page 1 of 3
March 16, 2022
Kenai City Council - Regular Meeting
March 16, 2022 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 3**
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. Katie Cowgill - Kenai Peninsula Re-Entry Coalition and Alaska Department of Corrections
Re-Entry Simulation.
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2022-14 – Amending the
Employee Classification Plan by Adjusting the Ranges of Temporary Parks and Recreation
and Personal Use Fishery Positions. (Administration)
2. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2022-15 – Temporarily
Waiving the Gym Rental Fee at the Kenai Recreation Center for the Twin City Athletic
Association. (Administration)
3. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2022-16 – Supporting the
Efforts of Kenai Central High School to Secure Grant Funding for the Construction of
Permanent Restroom Facilities at Ed Hollier Field. (Mayor Gabriel)
4. ADOPTED UNANIMOUSLY. Resolution No. 2022-17 – Requesting and Supporting the
Alaska Department of Transportation and Public Facilities Provision of Continuous Lighting
39
Kenai City Council - Regular Meeting Page 2 of 3
March 16, 2022
Along the Kenai Spur Highway within the City of Kenai and the Sterling Highway Safety
Corridor. (Administration)
5. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2022-18 – Adopting the
City’s Capital Improvement Plan for Fiscal Years 2023-2027. (Administration)
6. ADOPTED UNANIMOUSLY. Resolution No. 2022-19 – Approving the Vacation of 20’
Public Street Easements Adjoining the South Boundary and Northwest Boundary of Lot 1,
Toyon Subdivision as Granted by Plat K-1592, and is Located within the SE1/4 of Section
6, Township 5 North, Range 11 West, Seward Meridian, Alaska, and Determining the
Easement is Not Needed for a Public Purpose. (Administration)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of March 2, 2022. (City
Clerk)
2. APPROVED BY THE CONSENT AGENDA. *Work Session of March 7, 2022. (City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
(Administration)
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to Liquor
License Renewals for Main Street Tap & Grill and Fraternal Order of Eagles #3525. (City
Clerk)
3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/6/2022.
*Ordinance No. 3274-2022 – Increasing Estimated Revenues and Appropriations in the
General Fund Parks, Recreation and Beautification Department, and Authorizing an
Increase to the Multi-Purpose Facility Management Services Purchase Order to Red Line
Sports for Additional Ice Maintenance Services. (Administration)
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/6/2022.
*Ordinance No. 3275-2022 – Amending Kenai Municipal Code, Chapter 23.05 – General
Provisions, to Add a New Category of Temporary Employee Titled “Program or Project
Employee” and Chapter 23.40 – Benefits, to Establish Benefits for this Category and Make
Housekeeping Changes. (Administration)
5. APPROVED UNANIMOUSLY. Action/Approval - Issuing a Letter of Support for Senate
Bill No. 166 – General Obligation Bonds (City Manager)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
40
Kenai City Council - Regular Meeting Page 3 of 3
March 16, 2022
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
M. PENDING ITEMS
N. ADJOURNMENT
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 OR
https://us02web.zoom.us/j/83592875033 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 835 9287 5033 Passcode: 062156 Meeting ID: 835 9287 5033 Passcode: 062156
41
Kenai City Council - Regular Meeting Page 1 of 4
April 06, 2022
Kenai City Council - Regular Meeting
April 06, 2022 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 3**
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. Jeff Dolifka, Boys & Girls Club, Plans for Kenai Club
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. 3274-2022 – Increasing Estimated Revenues
and Appropriations in the General Fund Parks, Recreation and Beautification Department, and
Authorizing an Increase to the Multi-Purpose Facility Management Services Purchase Order to
Red Line Sports for Additional Ice Maintenance Services. (Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3275-2022 – Amending Kenai Municipal Code,
Chapter 23.05 – General Provisions, to Add a New Category of Temporary Employee Titled
“Program or Project Employee” and Chapter 23.40 – Benefits, to Establish Benefits for this
Category and Make Housekeeping Changes. (Administration)
3. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3276-2022 – Accepting and
Appropriating a Grant Under the American Rescue Plan Act of 2021 Passed through the Alaska
Community Foundation. (Administration)
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes)
4. ADOPTED UNANIMOUSLY. Resolution No. 2022-20 – Authorizing the City Manager to Enter
into an Airline Operating Agreement and Terminal Area Lease with Kenai Aviation.
(Administration)
42
Kenai City Council - Regular Meeting Page 2 of 4
April 06, 2022
5. ADOPTED UNANIMOUSLY. Resolution No. 2022-21 – Approving a Sole Source Purchase
through Motorola Solutions for the Phase Two Radio Upgrades to the Kenai Dispatch Center,
Utilizing Appropriated Department of Homeland Security Grant Funds and City Capital Funds.
(Administration)
6. ADOPTED UNANIMOUSLY. Resolution No. 2022-22 – Authorizing a Budget Transfer in the
General Fund, Police Department for Anticipated Fuel Cost Increases for the Remainder of
FY22. (Administration)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of March 16, 2022. (City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
(Administration)
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over
$15,000. (Administration)
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Liquor License Renewals for
The White Moose, New Peking Restaurant and Jersey Subs. (City Clerk)
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/20/2022.
*Ordinance No. 3277-2022 – Accepting a Grant from the Federal Aviation Administration Under
the Coronavirus Response and Relief Supplemental Appropriation Act, 2021 and Appropriating
Funds into the Special Revenue Fund. (Administration)
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/20/2022.
*Ordinance No. 3278-2022 – Increasing Estimated Revenues and Appropriations in the Airport
Special Revenue and Airport Improvements Capital Project Funds and Authorizing a
Professional Services Agreement Amendment to Complete Design Phase Services for the
Kenai Municipal Airport Runway Rehabilitation Project. (Administration)
6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/20/2022.
*Ordinance No. 3279-2022 – Accepting and Appropriating a State of Alaska Grant Passed
through the Southern Region EMS Council, Inc., for Three Scoop Stretchers, Three Adult
Vacuum Splints and Three Pediatric Vacuum Splints. (Administration)
7. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/20/2022.
*Ordinance No. 3280-2022 – Accepting and Appropriating a Volunteer Fire Assistance Grant
from the United States Department of Agriculture Forest Service Passed through the State of
Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. (Administration)
8. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/20/2022.
*Ordinance No. 3281-2022 – Accepting and Appropriating an American Rescue Plan Act Grant
Passed through the State of Alaska Department of Health and Social Services for Kenai Senior
Center Expenditures in Support of its Response to the COVID-19 Public Health Emergency.
(Administration)
9. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/20/2022.
*Ordinance No. 3282-2022 – Increasing Estimated Revenues and Appropriations in the Water
43
Kenai City Council - Regular Meeting Page 3 of 4
April 06, 2022
and Sewer Special Revenue Fund and Wastewater Treatment Plant Improvements Capital
Project Fund to Provide Supplemental Funding for the Sludge Press Replacement Project.
(Administration)
10. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/20/2022.
*Ordinance No. 3283- 2022 – Authorizing a Budget Revision in the Airport Special Revenue
Fund and Increasing Estimated Revenues and Appropriations in the Terminal Improvement
Capital Project Fund for Design Services for the Terminal Landscaping Project. (Administration)
11. APPROVED UNANIMOUSLY. Action/Approval – Special Use Permit to State of Alaska,
Department of Natural Resources, Division of Forestry for Aircraft Loading and Parking.
(Administration)
12. SPECIAL MEETINGS SCHEDULED FOR 4/25/2022 and 4/26/2022. Discussion/Action –
Scheduling Special Meeting(s) for Individual Council Employee Personnel Evaluations to be
conducted between April 20 – April 26. (Mayor Gabriel)
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
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000
2. Kenai Historical Society March Newsletter
44
Kenai City Council - Regular Meeting Page 4 of 4
April 06, 2022
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 OR
https://us02web.zoom.us/j/89372179389 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 893 7217 9389 Passcode: 425366 Meeting ID: 893 7217 9389 Passcode: 425366
45
February
Enplanement Report
Month RAVN
ALASKA
GRANT
AVIATION
Total
2022 2021 Change
from 2021
January 2,882 1,764 4,646 3,389 1,257
February 3,122 1,573 4,695 3,112 1,583
March 0 4,127
April 0 4,035
May 0 4,464
June 0 5,953
July 0 9,259
August 0 10,035
September 0 6,500
October 0 5,596
November 0 5,803
December 0 5,571
Totals 6,004 3,337 9,341 67,844 2,840
Terminal - Vehicle Parking Revenues
February
FY21 $8,373 FY21 Total $109,923
FY22 $15,338 FY22 YTD $130,571
Ravn
3,122
66.50%
Grant
1,573
33.50%
February 2022
4,646
0
2500
5000
7500
10000
12500
15000
17500
Vehicle Parking Revenues
FY21
FY22
46