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HomeMy WebLinkAbout2022-06-15 Council PacketPage 1 Kenai City Council - Regular Meeting June 15, 2022 — 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska 11elllellplhoiiiliicl' liiurtualll Illinfoirimatliion on Page 3** 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. Representative Ben Carpenter, Update on Working with the State Attorney General on the Rights of Grand Juries. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1„ Ordinance No. 3294-2022 - Accepting and Appropriating Funding From the State of Alaska Department of Natural Resources, Division of Forestry, to Support Spruce Beetle Mitigation and Hazard Fuel Reduction. (Administration) .. Resolution No. 2022-46 — Authorizing Award of a Sole Source Contract to Perform a Communications Tower Study. (Administration) Resolution No. 2022-47 — Authorizing the Use of the Equipment Replacement Fund and Authorizing Award of a Contract for the Purchase of a Replacement Ambulance for the Kenai Fire Department. (Administration) Resolution No. 2022-48 —Amending the Employee Classification Plan by Changing the Title of the Accountant Class of Employees to a Controller and Increasing the Range. (Administration) Resolution No. 2022-49 — Authorizing Binding of Airport Owners and Operators Liability Insurance Coverage for July 1, 2022 through June 30, 2023. (Administration) ,, Resolution No. 2022-50 — Authorizing a Budget Transfer in the General Fund, Public Works Department — Streets Division for the Purchase of Sanding Equipment. (Administration) Kenai City Council - Regular Meeting Page 1 of 3 June 15, 2022 Page 2 Resolution No. 2022-51 — Adopting the City of Kenai Land Management Plan (Administration) E. MINUTES „I *Regular Meeting of May 18, 2022. (City Clerk) ,. *Regular Meeting of June 1, 2022. (City Clerk) F. UNFINISHED BUSINESS 1.. Ordinance No. 3293-2022 —Amending the Appendices to the Kenai Municipal Code to Delete Cemetery Regulations, Amending Title 24-Municipal Cemetery, to Include Certain Portions of the Appended Cemetery Regulations and Make Other Housekeeping Changes and Adopting a Kenai Municipal Cemetery Regulations Policy. (City Clerk) [Clerk's Note: At the Meeting of June 1, 2022, this Ordinance was Postponed to this Meeting; a Motion to Enact is on the Floor.] Resolution No. 2022-37 - Removing the Moratorium on the Purchase of Standard Cemetery Plots for the Sole Purpose of Reserving a Cemetery Plot Not Being Used for Immediate Internment. (City Clerk) [Clerk's Note: At the Meeting of June 1, 2022, this Resolution was Postponed to this Meeting; a Motion to Adopt is on the Floor.] G. NEW BUSINESS *Action/Approval - Bills to be Ratified. (Administration) *Action/Approval - FY2022 Purchase Orders Over $15,000. (Administration) *Action/Approval - FY2023 Purchase Orders Over $15,000. (Administration) *Action/Approval - Los Compadres Liquor License Renewal. (City Clerk) *Action/Approval — Special Use Permit to Empire Airlines, Inc. for Aircraft Loading and Parking. (Administration) *Action/Approval — Special Use Permit to Everts Air Fuel, Inc. for Aircraft Loading and Parking. (Administration) *Action/Approval — Special Use Permit to Crowley Fuels LLC for Aviation Fueling and Apron Fueling Area. (Administration) *Action/Approval — Special Use Permit to Alaska Geographic for a Vending Kiosk in the Airport Terminal. (Administration) *Action/Approval —Special Use Permit to United Parcel Service Co., for Aircraft Loading and Parking. (Administration) 0„ *Action/Approval — Special Use Permit to Kenai Aviation for Aircraft Parking. (Administration) „ *Action/Approval — Special Use Permit to Alaska Air Fuel, Inc. for Aircraft Loading and Parking. (Administration) *Action/Approval — Fifth Amendment to Agreement for Restaurant Concessions with Situla LLC (DBA Brother's Cafe) (Administration) 3„ *Ordinance No. 3295-2022 — Amending the Official Zoning Map by Rezoning Certain Parcels Southeast of Beaver Loop Road along Basin View Way, Kim N Ang Court, Cub Court, Ames Road, and Dolchok Lane from Rural Residential to Rural Residential-1. (Administration) Action/Approval — Recommending the City of Kenai Representative for Appointment to the Kenai Peninsula Borough Planning Commission. (City Clerk) Kenai City Council - Regular Meeting Page 2 of 3 June 15, 2022 Page 3 H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Airport Commission 3. ............ Harbor Commission 4. Parks and Recreation Commission Planning and Zoning Commission 6. Beautification Committee 7. Mini -Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS „1 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 „I 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. Joliiin Zoom Meeting Meeting ID: 841 8346 5688 Passcode: 371491 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 841 8346 5688 Passcode: 371491 Kenai City Council - Regular Meeting Page 3 of 3 June 15, 2022 Page 4 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3294-2022 AN ORDINANCE ACCEPTING AND APPROPRIATING FUNDING FROM THE STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY, TO SUPPORT SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION. WHEREAS, The City participated in a Borough -wide Community Wildfire Protection Plan, adopted by Resolution 2022-34 on May 181h, 2022; and, WHEREAS, one component of this plan includes the establishment of a slash disposal site; and, WHEREAS, the City was notified of approval for reimbursement of up to $150,000 for 3 years from the Division of Forestry to complete this project; and, WHEREAS, it is in the best interest of the City to accept this funding to support a slash disposal site that will satisfy one of the City's goals included in the Community Wildfire Protection Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: Parks Improvement Capital Project Fund: Increase Estimated Revenues — Grant — State of Alaska $150,000 Increase Appropriations — Construction 1II Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15T" DAY OF JUNE, 2022. Page 5 Ordinance No. 3294-2022 Page 2 of 2 Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk X", Approved by Finance: / ,' Introduced: June 1, 2022 Enacted: June 15, 2022 Effective: June 15, 2022 New Text Underlined; [DELETED TEXT BRACKETED] Page 6 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: May 25, 2022 SUBJECT: Ordinance 3294-2022 Department of Natural Resources, Division of Forestry Funding to Support Spruce Beetle Mitigation and Hazard Fuel Reduction. One of the major goals of our Community Wildfire Protection Plan was to establish a slash disposal site for residents of our community as well as other bordering communities. This will provide a location for individual homeowners to bring their hazardous fuels and beetle kill trees to. We have identified a tract of land adjacent to the soccer fields that will allow us to complete this particular project, that is City owned, and that is large enough for this particular project. This project is one that can be implemented immediately, and will enable all resident to begin the process of making our local area firewise. Our local Division of Forestry met with us to inform us of potential grant funding that could reimburse us for expenses to complete this project. We applied for funding through the State of Alaska Division of Forestry, to complete this project and were notified on 5/18, that we were approved for $50,000.00 per year for 3 years, totaling $150,000.00. The City is planning to open the slash disposal site on Thursday, June 2, with a weekly operating schedule of Thursday to Sunday from 10 a.m. to 6 p.m. We hope to operate the facility through the month of September. The City will continuously consolidate the slash throughout the year but due to the uncertainty surrounding the difficulty, cost, and time it will take to burn the slash pile at the end of the year, if the slash pile reaches 1.5 acres prior to the end of September, we will close the facility for the year. The facility will not be made available for commercial operators. We are very excited to be one of the first communities here on the Peninsula to be moving forward on implementing mitigation efforts established in the KPB Community Wildfire Protection Plan. We are asking for your support of this Ordinance that will benefit the residents of Kenai, as well as other residents in on the peninsula. Page 7 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2022-46 A RESOLUTION AUTHORIZING AWARD OF A SOLE SOURCE CONTRACT TO PERFORM A COMMUNICATIONS TOWER STUDY. WHEREAS, the City of Kenai owns a communication tower, located at the Public Safety Building, that was constructed between 1972 and 1974; and, WHEREAS, this tower is used for public safety communications as well as the City's data communication network; and, WHEREAS, the tower is approaching 50 years of age; and, WHEREAS, there are no formal engineering documents for this tower which would provide an analysis of the structural stability of the tower, establish the life expectancy of the structure, provide load ratings which are used when adding equipment to the tower; and, WHEREAS, a Tower Study will provide this information, necessary for continued operations and future expansion; and, WHEREAS, KMC 7.15.070 (b) (1) allows for purchases without competitive bidding of services that can only be furnished by a single provider; and, WHEREAS, the City of Kenai released a contacted six local engineers Quotes for a Tower Study on March 291h; and, WHEREAS, the Request for Quotes resulted in a single response from TecPro, Ltd. which exceeded the budgeted amount; and, WHERAS, Council passed Resolution 2022-30 on May 18, 2022 appropriating additional funds for this project; and, WHEREAS, the City of Kenai released a formal bid for a Tower Study on May 191h with bids due on June 3rd, 2022, which included advertising in local newspapers and online; and, WHEREAS, the City of Kenai received a single bid, again from TecPro, Ltd, which was deemed non responsive; and, WHEREAS, TecPro, Ltd. was the only company to respond to a request for quotes and to the request for bids; and, WHEREAS, TecPro appears to be the only provider capable of performing this work within the City's timeline; and, WHEREAS, there are sufficient funds available for this project; WHEREAS, it is in the best interest of the City to complete this timely. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: New Text Underlined; DELETED TEXT BRACKETED] Resolution No. 2022-46 Page 2 of 2 Page 8 Section 1. That Council authorizes the City Manager to execute a short form contract with TecPro, Ltd. for the completion of this work and to provide a Purchase Order to TecPro, Ltd. in the amount of $48,150. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15T" DAY OF JUNE, 2022. ATTEST: Michelle M. Saner, MMC, City Clerk Approved by Finance: Brian Gabriel Sr., Mayor New Text Underlined; [DELETED TEXT BRACKETED] Page 9 MINNEW mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Dan Castimore, IT Manager DATE: June 7, 2022 SUBJECT: Resolution 2022-46 Tower Study The purpose of this memo is to recommend awarding a sole source contract to TecPro, Ltd. to complete a Tower Study. The City of Kenai owns a communication tower that was constructed between 1972 and 1974. The actual date of construction is unknown, but blueprints from 1972 don't show a tower and blueprints from 1974 do. This tower is located at the Public Safety Building and is 140 feet tall. The City has been unable to locate any drawings or construction documents of this tower which would typically be used to determine load ratings. In addition, as the tower is approaching 50 years of age, metal fatigue is likely to have reduced the load rating over time. The only way to determine the capabilities of the current tower is to have an engineering firm preform a structural analysis of the existing tower. This tower study will also provide an inventory of all of the equipment currently on the tower as well as drawings of the existing tower. The final component of the study will be to provide a list of preventative maintenance tasks that need to be performed in the future. In the FY22 budget, $34,000 was budgeted to complete a tower study. On March 291h a request for quotes was sent to six local engineering firms. None of these firms responded, but one suggested that TecPro, Ltd. would be an appropriate firm to complete this work. TecPro, Ltd. was subsequently contacted and they provided a response for $48,150. As this amount was more than was available, the administration requested additional funding through Resolution 2022-30 which was approved by Council on May 18, 2022. Code requires that purchases over $35,000 generally must be completed with a formal bid. A formal bid was released on May 191h, which was advertised in the Peninsula Clarion, Anchorage Daily News and online. The City receive one bid, again from TecPro Ltd., which was deemed non -responsive. Because there were no responsive bidders to the formal bid, it is reasonable to assume that the only vendor that can provide this service is TecPro, Ltd. KMC 7.15.070 (b) (1) allows for purchases without competitive bidding of services that can only be furnished by a single provider. As such I respectfully recommend that the Council approve a sole source contract to TecPro, Ltd. in the amount of $48,150 to complete the tower study. Your consideration is greatly appreciated. Page 2 of 2 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2022-47 A RESOLUTION AUTHORIZING THE USE OF THE EQUIPMENT REPLACEMENT FUND AND AUTHORIZING AWARD OF A CONTRACT FOR THE PURCHASE OF A REPLACEMENT AMBULANCE FOR THE KENAI FIRE DEPARTMENT. WHEREAS, one of the Fire Department ambulances is due for replacement due to age and mileage; and, WHEREAS, there are sufficient funds available in the equipment replacement fund to purchase a new ambulance; and, WHERAS, a bid specification was designed to suit the needs of the Fire Department followed by a formal request for proposal; and, WHEREAS, three vendors submitted proposals and an evaluation was completed; and, WHEREAS, Braun North West Inc. scored 291 points, Hughes Fire Equipment scored 255 points, and Sawtooth Emergency Vehicles scored 252 points; and, WHEREAS, Braun North West submitted the highest scoring proposal; and, WHEREAS, executing a contract with Braun North West for the purchase of an ambulance is in the best intent of the city. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the use of the Equipment Replacement Fund is authorized for the purchase of a replacement ambulance with an estimated total cost of $245,372. Section 2. That the City Manager is authorized to execute a contract and issue a purchase order for the purchase of an ambulance from Braun North West in the amount of $245,372. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15T" DAY OF JUNE, 2022. Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk Approved by Finance: New Text Underlined; DELETED TEXT BRACKETED] MEMMMAW mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, Ali 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: June 7, 2022 SUBJECT: Resolution 2022-47 Authorizing and awarding contract for the purchase or an ambulance from equipment replacement fund. One of the older ambulances has passed its service life and is due for replacement, with available funding in the equipment replacement fund to accomplish this. Myself, and 3 other individuals prepared a bid specification that would fit the needs of our department and the medical services we provide. After the bid spec was completed, we advertised, requesting proposals from any vendor who would like the opportunity to submit a proposal for us to evaluate. We received proposals from Braun North West Inc, Hughes Fire Equipment, and Sawtooth Emergency Vehicles. The categories for scoring the proposals included: Cost, Suppliers Experience, Conformity to Specifications, and Time of Delivery. After receiving the proposals, the panel of 3 individuals scored the proposals based on the categories listed above. Braun North West received a score of 291 points, Hughes Fire Equipment received a score of 255 points, and Sawtooth Emergency Vehicles received a score of 252 points. We are very excited to move forward with this process as the build time for this ambulance is between 420 and 480 days. Chassis from Dodge, Ford and Chevy have been a major supply chain problem for these ambulance manufacturers, extending normal build times. We respectfully request your approval in moving forward with awarding this contract to Braun North West for the cost of $245,372, and ask for your support in authorizing the City Manager to enter into a contract to build this ambulance for the above cost. A RESOLUTION AMENDING THE OF THE ACCOUNTANT CLASS RANGE. Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2022-48 EMPLOYEE CLASSIFICATION PLAN BY CHANGING THE TITLE OF EMPLOYEES TO A CONTROLLER AND INCREASING THE WHEREAS, Ordinance 3289-2022 adopted the annual budget, salary schedule, and employee classification plan for the fiscal year commencing July 1, 2022 and ending June 30, 2023; and, WHEREAS, the annual budget includes a current employee classification and range for an Accountant class at a range 21 under the Administrative Support category with authorized staffing for one position; and, WHEREAS, the Accountant position will become vacant on August 6, 2022, creating a vacancy in a critical position in the Finance Department; and, WHEREAS, reclassification of the existing Accountant position to a Controller position in the Supervisory and Professional category with additional budget preparation, financial statement preparation, and supervisory responsibilities will improve workload distribution and allow for greater opportunities for cross -training, succession planning, and flexibility in staffing within the Finance Department; and, WHEREAS, a position description is drafted to reflect additional duties and qualifications of the Controller position; and, WHEREAS, this proposed change will not result in an additional increase to the annual budget as an amendment to provide funding to increase the range of the Accountant position to a Controller position was included in the ordinance adopting the annual budget; and, WHEREAS, comparing the proposed Controller position to other positions in the City, adjusting the range of the position from a 21 to a 25 is warranted; and, WHEREAS, making this adjustment ensures that the range for the Controller accurately reflects the duties and responsibilities of the position comparable to other positions within the City and is adequate to recruit and retain candidates qualified to supervise and oversee the day-to-day accounting operations, financial reporting, and auditing functions of the Finance Department. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The Council amends the Employee Classification Plan by amending the class title and range of the Accountant class of employee as follows: Class Code Class Title Range (A) Supervisory and Professional 124 Controller 25 (8) Administrative Support [206 ACCOUNTANT 21] New Text Underlined; DELETED TEXT BRACKETED] Resolution No. 2022-48 Page 2 of 2 Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15T" DAY OF JUNE, 2022. Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] MINNEW mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Christine Cunningham, Human Resources Director Terry Eubank, Finance Director DATE: June 7, 2022 SUBJECT: Resolution 2022-48 —Amending the Employee Classification Plan to Change the Title and Range of the Accountant Class of Employees This resolution requests that City Council amend the City's Classification Plan to reclassify the Accountant position in the Finance Department. This change would reclassify the position title to Controller, amend the hourly pay range, and allow the City to recruit a Controller position at the higher range. The Accountant position will become vacant on August 6, 2022, creating a vacancy in a critical role in the Finance Department. The Finance Director worked with Human Resources to recommend the reclassification of the Accountant position to a Controller position with additional budget preparation, financial statement preparation, and supervisory responsibilities that would support the organizational needs of the Finance Department. The existing employee in the Accountant position would remain in place until the date of her retirement as it would not be practicable for her to assume a wider range of management and supervision duties during her transition to retirement. This proposed change would benefit the City by improving workload distribution and allowing greater opportunities for cross -training, succession planning, and flexibility in staffing within the Finance Department. This proposed change would not result in an increase to the annual budget as an amendment to provide funding to increase the range of the Accountant position to a Controller position was included in the ordinance adopting the annual budget, and the proposed change represents a reclassification of the Accountant position and not the creation of a new position nor the removal of a classification of employees. A proposed position description was drafted to reflect additional duties and qualifications of the Controller and then scored to reflect fairly the differences in duties and responsibilities within the City's Classification Plan and related to compensation for comparable positions in other places of public employment. To meet the City's objective to provide an appropriate compensation structure to recruit and retain an adequate supply of competent employees, an amendment to the title and range of the Accountant position from a 21 to a 25 is appropriate to recruit and retain candidates qualified to supervise and oversee the day-to-day accounting operations, financial reporting, and auditing functions of the Finance Department. If the City Council passes Resolution 2022-48, the Finance Department can begin recruitment to fill a Controller position immediately. Your consideration is appreciated. Page 2 of 2 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2022-49 A RESOLUTION AUTHORIZING BINDING OF AIRPORT OWNERS AND OPERATORS LIABILITY INSURANCE COVERAGE FOR JULY 1, 2022 THROUGH JUNE 30, 2023. WHEREAS, the City's insurance broker, HUB International Limited solicited coverage and price quotes for Airport Owners and Operators Liability insurance on behalf of the City for its operations at the Kenai Municipal Airport; and, WHEREAS, Ace Property and Casualty Insurance Company through CHUBB provided the lowest quote for acceptable coverage; and, WHEREAS, the premium for coverage for the period July 1, 2022 through June 30, 2023 is $48,139; and, WHEREAS, the additional optional coverages in the event of War, Terrorism Risk Insurance Act, were waived because of the additional premium cost of $4,814 each or $6,017 combined for the policy period; and, WHEREAS, purchasing high -quality coverage at competitive premiums for Airport Owners and Operators Liability Insurance for FY23 is in the City's and all users of the Kenai Municipal Airport best interest. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council authorizes the City Manager to bind the City's Airport Owners and Operators Liability insurance coverage for FY2023 with Ace Property and Casualty Insurance Company through CHUBB for an estimated annual premium of $48,139. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15T" DAY OF JUNE, 2022. Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk Approved by Finance:_ Jyu ._........_. New Text Underlined; DELETED TEXT BRACKETED] mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: June 7, 2022 SUBJECT: Resolution 2022-49 Authorizing Binding of Airport Owners and Operators Liability Insurance for the period July 1, 2022 through June 30, 2023. Each year the City goes through a process of purchasing liability insurance for its operations at the Kenai Municipal Airport. The City's broker, HUB International Limited, solicited quotes from two insurers. Ace Property and Casualty Insurance Company through CHUBB provided the lowest quote for acceptable coverage. Coverage includes annual aggregate limits for operations of $100,000,000 and personal injury annual aggregate limits of $50,000,000 for an annual premium of $48,319. The City will be waiving additional coverage for War, Terrorism Risk Insurance Act because of the additional premium of $4,814 each or $6,017 combined. Based upon the quality of coverage and competitive rates I recommend binding coverage with Ace Property and Casualty Insurance Company through CHUBB. Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2022-50 A RESOLUTION AUTHORIZING A BUDGET TRANSFER IN THE GENERAL FUND, PUBLIC WORKS DEPARTMENT — STREETS DIVISION FOR THE PURCHASE OF SANDING EQUIPMENT. WHEREAS, the Public Works Department Street's Division has identified a need to replace one of the City's sanding units used in its Ford F450 for the purpose of sanding facility parking lots; and, WHEREAS, multiple quotes were received with The Best Shop providing the lowest cost at $6,500; and, WHEREAS, the unit is in stock and available immediately; and, WHEREAS, completing this purchase now will provide for the continued operations of the Department during the winter months; and, WHEREAS, this purchase is replacing aging equipment and is not adding to the Departments existing inventory. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the following budget revisions are authorized: General Fund: Decrease Expenditures: Streets - Operating Supplies $(6 50Q Increase Expenditures: Streets - Machinery & Equipment $6.500 Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15T" DAY OF JUNE, 2022. Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk Approved by Finance: ° New Text Underlined; DELETED TEXT BRACKETED] MINNEW mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Director of Public Works DATE: June 8, 2022 SUBJECT: Resolution 2022-50 Budget Transfer — Streets Division The purpose of this memo is to request council's authorization for a budget transfer within the Public Works — Streets Department operational budget for the purchase of a replacement sanding unit. These units wear out with use and replacing the unit now while equipment is in stock is intended to allow the Department to be fully prepared for the next winter season. Three quotes were received ranging from $6,500 - $9,000 with The Best Shop located on Kalifornski Beach Rd. providing the lowest cost. Photo below is an example of the make and model being purchased. Council's support is respectfully requested. Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2022-51 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI ADOPTING THE CITY OF KENAI LAND MANAGEMENT PLAN. WHEREAS, in 2018, City Council approved a City-wide approach to land management through the development of the City's first Land Management Plan; and WHEREAS, the City of Kenai Imagine Kenai 2030 Comprehensive Plan includes economic development and land use goals and objectives to develop a land inventory and land use strategies to implement a forward -looking approach to community growth and development; and, WHEREAS, the City owns 369 subdivided parcels, including wetlands, tidelands, lands surrounding the Kenai Airport, and lands suitable for a variety of business, commercial, industrial, residential, recreational, and cultural purposes; and, WHEREAS, City Staff created an electronic comment form available on the City website to receive public comments on the City of Kenai Land Management Plan; and, WHEREAS, City Staff received public comments on the City of Kenai Land Management Plan with amendments for consideration by Council; and, WHEREAS, at their meeting on January 13, 2022, the Airport Commission recommended approval of the Land Management Plan with amendments for consideration by City Council; and, WHEREAS, at their meeting on November 8, 2021, the Harbor Commission recommended approval of the Land Management Plan to City Council; and, WHEREAS, at their meeting on January 6, 2022, the Parks & Recreation Commission and Beautification Committee recommended approval of the Land Management Plan with amendments for consideration by City Council; and, WHEREAS, at their meeting on January 26, 2022, the Planning and Zoning Commission recommended approval of the Land Management Plan with amendments for consideration by City Council; and, WHEREAS, at their work session on March 7, 2022, the City Council discussed the Land Management Plan and amendments for consideration. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the attached City of Kenai Land Management Plan is hereby adopted. Section 2. That this Resolution takes effect immediately upon passage. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2022-51 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15T" DAY OF JUNE, 2022. Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] ElaMEMEN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII .enai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www 6nakity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: June 7, 2022 SUBJECT: Resolution 2022-51 —Adopting the City of Kenai Land Management Plan In 2018, City Council approved a City-wide approach to land management through the development of the City's first Land Management Plan. Since that time, Administration has worked diligently to draft a Land Management Plan to inventory, evaluate, and develop recommendations related to City -owned lands. The City of Kenai Imagine Kenai 2030 Comprehensive Plan includes economic development and land use goals and objectives to develop a land inventory and land use strategies to implement a forward -looking approach to community growth and development. The goals of the Land Management Plan incorporate many of these objectives and include the following: • Provide an inventory of City -owned lands with detailed information on each parcel. • Identify properties required for a public purpose or to meet a future public need. • Establish recommendations for individual parcels that are surplus to the needs of the City to assist in responsible development. • Create a comprehensive reference document that establishes a format for developing land management policies and procedures. One of the City's greatest assets is its land inventory. The City owns 369 subdivided parcels, including wetlands, tidelands, lands surrounding the Kenai Airport, and lands suitable for a variety of business, commercial, industrial, residential, recreational, and cultural purposes. The Land Management Plan is an important tool to spur economic growth and improve the quality of life for Kenai residents and is key to the long-term viability of the City. On October 11, 2021 there was a joint work session with City Council and City Commission Members to kick-off the review, discussion, and comment on the draft City of Kenai Land Management Plan. Several meetings were held with the Planning and Zoning Commission, Airport Commission, Joint Parks & Recreation Commission and Beautification Committee, and Harbor Commission to solicit discussion and comments on the draft Land Management Plan, which resulted in approval resolutions with recommended amendments from each of the commissions. A City Council Work Session was held on March 7, 2022 to review the document and discuss possible amendments to the draft plan. Based on all of the meetings, public comments, and resolutions to date, the following amendments are for your consideration: The following three amendments for consideration have different recommendations for retention status. To avoid conflicting amendments if #2 is approved, neither #1 or #3 may be approved, however, if #2 is not approved, #1 and #3 could both be approved: The retention status of parcel numbers 04301041 and 04301039 which appears on Map 15 Float Plane Basin Subdivision and Vicinity, be changed from Mixed-Retain/Dispose-Lease Only to Retain, for use as buffer/green space between the neighborhood and the airport. 2. Recommend on Map 15 Float Plane Basin Subdivision and Vicinity combining parcels 04301039 and 04301040, and combining parcels 04301041 and 04301042, and change the recommendation to retain for all four parcels for use as a buffer between the airport and the residential neighborhood. 3. Amend the narrative on page 63 regarding parcel 04301042 by adding the language: Parcel 04301042 should be subdivided to mirror parcel 04301040 to the north. The remainder of parcel 04301042 should be combined with parcel 04301041 which would remain with a retention status of retain. 4. The retention status of parcel number 04101004, which appears on Map 16 Kenai Municipal Airport, be changed from Retain to Mixed—Retain/Dispose— Lease Only. 5. The retention status of parcel 04322023, which appears on Map 23 Cook Inlet Industrial Air Park Subdivision, be changed from Dispose to Dispose —Lease Only. 6. Change the title of the City of Kenai Land Management Plan to the City of Kenai Land Management Inventory and Recommendations. 7. Recommend parcel 04317038 on Map 17 Gusty Subdivision, Kenai Cemetery, be changed from Retain to Mixed -Retain / Dispose -Lease Only and modify narrative on page 71 relative to this parcel to state: subdivide cemetery property from NE portion which would be usable for airport purposes. 8. Recommend parcel 04501003 on Map 31 Kenai Spur Highway Central Corridor, be changed from Dispose to Retain to provide a buffer for surrounding neighborhoods. Page 2 of 3 �a of� The City of Kenai I www6nai.city 9. The retention status of parcel number 04316017, which appears on Map 10 Kenai Spur Highway Government Lots, be changed from Dispose to Retain, for the purpose of a future campground. 10. The retention status of parcels 04312004 and 04312008, which appears on Map 13 North Spruce Street Government Lots, be changed from Mixed- Retain/Dispose to Retain, for the purpose of a future campground. 11. Recommend parcels 04327030, 04327031 and 04327032 on Map 17 Gusty Subdivision, Kenai Cemetery, remain as Dispose -Lease Only, but the management intent of those parcels is such that parking would be allowed to support the adjacent softball fields. 12. Recommend removing the word "required" and replace with the word "consideration". Not knowing what the development could be, the wording should not be so definitive for parcel 04501003 on p.153 and p.154. 13. Recommend parcel 04501061 on Map 30 Baron Park Subdivision be changed from dispose to retain, on the remainder of the parcel not utilized by the Triumvirate Theater of the Dog Park for the expansion of the recreational area. Thank you for your consideration. Attachments Resolution AC21-01 Resolution HC21-01 Resolution PRB21-01 Resolution PZ21-39 Appraisal Report for Lawton Acres, Kenai, Alaska Public Comments Received Draft City of Kenai Land Management Plan: !f:.t....//uyuyuy.::.11c ,kn ii..::. iio /Ilandshr)ae/Ilan��....inrianaq�,n„Ien�:t::::1',) Page 3 of 3 �a of� The City of Kenai I www6nai.city A NESOtVT��l1iE—A RECOMMENDING THE COUNCIL OF THE CITY OF KENAI ADOPTTHE CITY OF KENAI LAND MANAGEMENT PLAN WHEREAS, in 2018, City Council approved a City-widle approach to land management through the development of the City's first Land Management Plan; and, TfM '1Tw!7FZn, -FdF­A7QVF I t_,__C* I PC I d I I W5 bU I LdU10 191 T'd[IMI, UU111J1PU1UW, MUUbLTOA, '6MTM,9rt -VL a residential, recreational, and cultural purposes; and, rm"I #1 tualogm-'U"o IR, -Rolama WHEREAS, City Staff held public meetings on October 11, 2021 and October 27, 2021 and scheduled public meetings for Commissions on November 4, 2021 November 8, 2021, and November 9, 2021 to receive public comments and discuss the City of Kenai Land Management Plan; and, WHEREAS, City Staff created an electronic comment form available on the City website to receive public comments on the City of Kenai Land Management Plan; and, WHEREAS, after reviewing the plan as presented on November 9, 202,11, the Airport Commission has recommended amendments for consideration by City Council. NOW, THEREFORE, BE IT RECOMMENDED BY THE AIRPORT COMUSSION OF THE CITY OF KENAI, ALASKA: Section 1. The Draft of the City of Kenai Land Management Plan is hereby recommended for adoption with the following amendments: 1The retention status of parcel number 041010,04, which appears on Map 1;16 Kenai Municipal Airport, be changed from Retain to Mixed—Retain/Dispose— Lease Only. Z The retention status of parcel 04322023, which appears on Map 23 Cook lnlet Industrial Air Park Subdivision, be changed from Disposie to Dispose —Lease Only, Resolution No. AC21-01 Page 2 of 2 Section 2. That a copy of Resolution AC21 -01 be forwarded to the Kenai City Council. PASSED BY THE AIRPORT COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of January, 2022. ATTEST: Miche M. ner, MC, City Clerk GLENDA FEEKEN, CHAIRPERSON "A J New Text Underlined; [DELETED TEXT BRACKETED] A RESOLUTIGA OF THE HARBOR COMMISSION OF THE CITY OF KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI ADOPT KENAI LAND MANAGEMENT PLAN 'T,VHEREAS, in 2018, City Council approved a City-wide approach to land management throu the development of the City's first Land Management Plan; a WHEREAS,the City owns 369 subdivided parcels, including wetlands, tidelands, I surrounding„ L" • : 1. a • . i ..commercial,Ak residential,recreational,R • •, Tlt',EKEAS, City Staff held d 1 off* 1 scheduled public meetings for Commissions on November 4, 2021 November 8, 2021, a November • 2021 to receive public comments and /1' .. • WHEREAS, City Staff created an electronic comment form available on the City website to receive public comments on the City of Kenai Land Management Flan; and, WHEREAS, after reviewing the plan as presented on November 8, 2021, the Harbor Commission has recommended adoption. NOW, THEREFORE, BE IT RECOMMENDED BY THE HARBOR COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. The Draft of the City of Kenai Land Management Plan is hereby recommended for adoption. Section 2. That a copy of Resolution HC21-01 be forwarded to the Kenai City Council. PASSED BY THE. HARBOR COMMISSION OF THE CITY OF KENAI, ALASKA, this 11th day of January, 2022. ATTEST: m &rch ���n6r, MM New Text Underlined; [DELETED TEXT BRACKETED] RECREATIONPARKS & J0INT-11'ES'J1)LUT_Vj)N lh JY, ;w li A RESOLUTION OF THE PARKS & RECREATION COMMISSION AND BEAUTIFICATION COMMITTEE OF THE CITY OF KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI ADOPT THE CITY OF KENAI LAND MANAGEMENT PLAN WHEREAS, in 2018, City Council approved a City-wide approach to land management throug� the development of • Management " - residential,• apurposes; WHEREAS, the Parks and Recreation Commission and Beautification Committee of the City (M Kenai •' #e d • o • . IY Management Plan based on ! WHEREAS, City Staff held public meetings on October 11, 2021 and October 27, 2021 and scheduled public meetings for Commissions on November 4, 2021 November 8, 2021, and November 9, 2021 to receive public comments and discuss the City of Kenai Land Management r • 111111 1014119AIMA003111HIFIN• im w R CommissionWHEREAS, after reviewing the plan as presented on November 4, 2021, the Parks & Recreatil and Beautification Committeehas d amendments forconsideration City Council. Section 1. The Draft of the City of Kenai Land Management Plan is hereby recommended f adoption with the following amendments: I 1. The retention status of parcel number 04316017, which appears on Map 10 Kenai Spur Highway Government Lots, be changed from Dispose to Retain, for the purpose of a future campground. Page 2 of 2 2. Change the title of the City of Kenai Land Management Plan to the City of Kenai Land Management Inventory and Recommendations. 3. The retention status of parcels 04312004 and 04312008, which appears on Map 13 North Spruce Street Government Lots, be changed from Mixed- Retain/Dispose to Retain, for the purpose of a future campground. Subdivision, Kenai Cemetery, remain as Dispose -Lease Only, but the management intent of those parcels is such that parking would be allowed to support the adjacent softball fields. NOW Lisa =ai"el, CHAIRPERSON ATTEST: �ic�hell er','�MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI PLANY.,14i Agg -- I H I S S 10 14 ItIl I Lei 0 1 OLOW41Y14 W14, 1 *1 '111111115 TUMT1110 - LOU• 114011914 Iwo W1111,2111i IN 0LJ:JLJy&JWAJ9J [0J=11kqQLJr1J1I AIL AIL _W WHEREAS, in 2018, City Council approved a City-wide approach to land management through the development of the City's first Land Management Plan; and WHEREAS, the City of Kenai Imagine Kenai 2030 Comprehensive Plan includes economic development and land use goals and objectives to develop a land inventory and land use strategies to implement a forward -looking approach to community growth and development; and, WHEREAS, the City owns 369 subdivided parcels, including wetlands, tidelands, lands surrounding the Kenai Airport, and lands suitable for a variety of business, commercial, industrial, residential, recreational, and cultural purposes; and WHEREAS, the Planning and Zoning Commission of the City of Kenai and Planning Staff has received numerous comments and input regarding the draft City of Kenai Land Management Plan; and, WHEREAS, the Planning and Zoning Commission of the City of Kenai considered public comments and made changes to the draft City of Kenai Land Management Plan based on those comments; and, WHEREAS, City Staff created an electronic comment form available on the City website to receive public comments on the City of Kenai Land Management Plan; and, WHEREAS, after reviewing the plan as presented on November 10, 2021, the Planning & Zoning Commission has recommended amendments for consideration by City Council. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. The Draft of the City of Kenai Land Management Plan is hereby recommended for adoption with the following amendments. 1. The retention status of parcel numbers 04701018 which appears on Map 14 South Spruce Street, be changed from Dispose to Retain, for use as RV/tents and dipnet parking. 2. The retention status of parcel numbers 04301041 and 04301039 which appears on Map 16 Float Plane Basin Subdivision and Vicinity, be changed Resolution No. • '.•- 2 • 2 from Mixed-Retain/Dispose-Lease Only to Retain, for use as buffer/green space between the neighborhood and the airport. 3. Amend the narrative on page 66 regarding parcel 04301042 by adding the language: Parcel O4301042 should be subdivided to mirror parcel 04301040 to the north. The remainder of parcel 04301042 should be combined with parcel 04301041 which would remain with a retention status of retain, 4. The retention status of parcel number 04101004, which appears on Map 16 Kenai Municipal Airport, be changed from Retain to Mixed—Retain/Dispose— Lease Only. 5. The retention status of parcel 04322023, which appears on Map 23 Cook Inlet Industrial Air Park Subdivision, be changed from Dispose to Dispose —Lease Only. 6. Change the title of the City of Kenai Land Management Plan to the City of Kenai Land Management Inventory and Recommendations. 7. Recommend parcel 04317038 on Map, 17 Gusty Subdivision, Kenai Cemetery, be changed from Retain to Mixed -Retain / Dispose -Lease Only and modify narrative on page 74 relative to this parcel to state: subdivide cemetery property from NE portion which would be usable for airport purposes, 8. Recommend parcel 04501003 on Map 31 Kenai Spur Highway Central Corridor, be changed from Dispose to Retain to provide a buffer for surrounding neighborhoods. Section 2. That a copy of Resolution PZ2021-39 be forwarded to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 26th day of January, 2022. JEFT T*WIT, CHAIRPERSON ATTEST: LIZZ" Michelle M. 89'6er, MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] 4401 Business Park Boulevard, Suite 22, Anchorage, Alaska 99503 Appraisal of Three Properties in Lawton Acres, Kenai, Alaska Property 1: 16.49-Acre Parcel (Property ID 045-01-003) Property 2: 4.10-Acre Parcel (Proposed Tract D) Property 3: 5.80-Acre Parcel (Proposed. Tracts A & B) Effective Appraisal Date: June 15, 2017 File No. 17-3078 Submitted To: Scott M. Bloom, City Attorney City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Anchorage, Alaska 99503 Phone: 907-561-1965 Fax: 907-561-19S5 s.macswain@inacswain.com City of Kenai 2 10 Fidalgo Avenue Kenai, AK 99611 Re: Appraisal of Three Properties in Lawton Acres Kenai, Alaska FUMMI-M-711 MI, Based on the data, reasoning, and analysis that follow, we are of the opinion that the market value of each subject property, as of June 15, 2017, is as follows: Legal Description Size Market Value, Property I — Property ID 045-01-003 16.49::E Acres $600,000 Property 2 — Proposed Tract D 4. 1 O:k A cres $275,000 Property 3 — Proposed Tracts A & B 5.80:LAcres $250,000 We invoke an extraordinary assumption for the appraisals of Property 2 and Property 3, that they will be subdivided as indicated by the proposed plat, and the plat will be approved by the Kenai Peninsula Borough. Iffound to befalse, the market value estimates could be affected. 17-3078: Three Properties in Lawton Acres, Kenai, Alaska M. M. 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W N c a ° C m � m o a E -o r u Q° o m o_ ° W W o_ v v o m? o_' o -o E W o o -o E W o_' o y o `o a c o c E W m -O W Q o- YO W O c- E W E W E o +L+ O T W o 3 v v 'on w` o_ m E° ° ° E v° v E o c w a v W n 3 v E n c °- m - E- v .Y n .w o w o v Q W-_ W E -o " w on a a o c n -o o c n Q W o o" on o .. -o o u n o m W y Q o r > W " w W W a ',o o ;� W w v W> a o_ o _ v '�o >° 0 3 0 3 0 3 E o 3 0 3 o -Wo E a o -Wo r > a > a > a > a > > a s > a > a > a > a > a > a W v 3 v Y W v 3 v Y W v 3 v Y W v 3 v Y W W v v 3 3 v v Y Y W v 3 v Y W v 3 v Y W v 3 v Y W v 3 v Y W v 3 v Y W v 3 v Y KENAI CITY COUNCIL — REGULAR MEETING Page 43 MAY 18, 2022 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on May18, 2022, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Teea Winger Glenese Pettey Henry Knackstedt A quorum was present. Also in attendance were: James Baisden Deborah Sounart Jim Glendening, Vice Mayor **Silas Thibodeau, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Terry Eubanks, Finance Director Kathy Romain, Senior Services Director Christine Cunningham, Human Resource Director Scott Curtin, Public Works Director Randi Broyles, Assistant to City Manager Shellie Saner, City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the Packet: Add item D.2. Public Hearing — Ordinance No. 3287-2022 • Public Comments MOTION: Council Member Knackstedt MOVED to approve the agenda with the requested revisions and requested UNANIMOUS CONSENT. Council Member Baisden SECONDED the motion. VOTE: There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda. Council Member Baisden SECONDED the motion. City of Kenai Council Meeting Page 1 of 12 May 18, 2022 The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. *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 — None. C. UNSCHEDULED PUBLIC COMMENTS Mark Griffin, operator of the Kenai Golf Course provided an update on operations at the golf course; reported on a Jr. Golf Clinic and getting youth involved with the sport; and noted some structures that were needing repairs and maintenance. D. PUBLIC HEARINGS 1. Ordinance No. 3286-2022 — Increasing Estimated Revenues and Appropriations in the General Fund — Police Department and Accepting a Grant from the US Department of Transportation Passed Through the State of Alaska Department of Transportation and Public Facilities for Traffic Enforcement Overtime Expenditures. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3286-2022. Council Member Sounart SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Sounart, Pettey, Winger, Knackstedt, Gabriel, Glendening, Baisden NAY: None **Student Representative Thibodeau: YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3287-2022 — Conditionally Donating Certain City Owned Property Described as Tract A Park View Subdivision (KPB Parcel No. 047010118) to the Boys and Girls Club of the Kenai Peninsula for Development of Facilities for Youth Sports, Recreation, Education, After School Care and Other Youth Activities. (Mayor Gabriel and Council Member Baisden) MOTION: Council Member Baisden MOVED to enact Ordinance No. 3287-2022. Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment. Ryan Tunseth addressed the Council in support of Ordinance 3287-2022; he identified a large donation from Royce Roberts and the possibility of purchasing the Kenai Community Care Center facility; he noted City of Kenai Council Meeting Page 2 of 12 May 18, 2022 the passion of the Boys and Girls Club to serve the children of our community and the timeliness of this purchase. There was conversation regarding what would occur if the ordinance were postponed two weeks. Linda Hutching, treasurer of the Kenai Community Care Center spoke in support of Ordinance 3287- 2022; provided a history of the Kenai Community Care Center; the services provided by the care center; the reasons for selling the facility; and noted there were three parties interested in purchasing the facility. There was discussion regarding the Boys and Girls Club not being able to make any plans or take any actions until the ordinance is approved. April Orth addressed the Council noting she had heard of other subdivision options for the parcel; requested documentations be available regarding disposal of City own lands; she stated her support for the Boys and Girls club; however, noted concerns with the proposed location being off the beaten track. Kyle Kornelis address the Council stating that there would be a lot of positive comments regarding the Boys and Girls Club; however, he wanted to address the conceptual process. He noted that it would be difficult to say what portions of the proposed parcel would be needed at this time; referenced the revert clause within the ordinance itself; and noted their plans and designs at this point were not feasible without being able to consider the entire parcel. Tory Harsham addressed the Council regarding all of the benefits to the children who are able to attend the Boys and Girls Club academic and athletic programs. Mike Navarre, Boys and Girls Club Board Member for 25-years addressed the Council in support of the ordinance; noted it was an opportunity for growth; he spoke to the financial impact to the City from visitors to the programs offered by the Boys and Girls Club; and noted that he was also on the Rasmussen Board and there were timelines involved for grant funding. Tim Dillion, Kenai Peninsula Economic Development District Director addressed the Council in support of the ordinance; nothing this is about opportunity; he spoke to the economic benefits to the City if the club was located within the City; and the importance of making sure we had somewhere young people could go. There was discussion regarding the benefits to the workforce when there are places like the Boys and Girls Club in a community. Carl Wik addressed the Council in support of the Boys and Girls Club, noting this was well supported by our community and a great opportunity for everyone. Mark Burton addressed the Council in support of the ordinance, noting the Boys and Girls Club was not a daycare, it is an opportunity for kids to grow. Tim Redder addressed the Council in support of the ordinance, noting the difficulty in finding quality child care and for so many the Boys and Girls Club was the solution; he recognized how the programs and people from the club shaped his son; and reminded everyone of how many meals are provided to kids through the Boys and Girls Club. Amber Every addressed the Council in support of the ordinance, noting the benefits from the club to her two children; stated she had coached sports for the club and truly believes the if they build it they will come. Todd Smith addressed the Council in support of the ordinance; spoke to the positive impact it will have on the local economy and spoke in opposition to possible postponement. Jeff Dolifka addressed the Council in support of the ordinance; recognized the difficult decision before the Council; outlined the events leading up to the Planning and Zoning Commission meeting in which they postponed their recommendation. There was discussion related to the Council supporting the City of Kenai Council Meeting Page 3 of 12 May 18, 2022 donation; however, the importance of allowing the Planning and Zoning Commission to make their recommendation. Ashton Reinke addressed the Council stating that the teen center was not a day care; he noted his appreciation for all the Boys and Girls Club do; and how much more they will be able to do with the new facility. Christen Lee addressed the Council in support of the ordinance; he stated the Boys and Girls Club was not just a place to go, it was also presented youth with a place to belong and makes a difference in the mental health of the youth. Erin Dolifka addressed the Council in support of the ordinance and the economic benefits to the City if the facility were located in within the City limits. Shanette Wik addressed the Council in support of the ordinance; noting they have outgrown the current facility; and clarified that when Aurora Charter School was in session they also loss the use of the gym. Carol Sinenko addressed the Council in support of the ordinance; noting the Boys and Girls Club also offered an opportunity for professionals who love to work with kids; and the expansion would offer more job opportunities. Doug Heiman addressed the Council in support of the ordinance and offered insight from the success of the club located at Tustumena Elementary; he reported that the trends for membership are above pre - pandemic levels. Tim Navarre addressed the Council in support of the ordinance; referenced the City slogan and stated that the Boys and Girls Club is the future. Chris Huf addressed the Council in support of the ordinance; noted that a donating only a portion of the parcel would require platting; stated it was in the best interest of the City to support the facility; and the facility did not meet the needs of the Boys and Girls Club without the land donation. Alex Douthit, City of Kenai Planning Commissioner stated that when the Ordinance was in front of the commission for recommendation the additional information provided to the City Council was not provided to the commission. Malcom McBride said he supported the Boys and Girls Club; noted the City had supported them heavily in the past 25 to 30 years; noted there was a lot of pressure to approve the ordinance; and stated the area was not accessible in the month of July. Jeff Twait, City of Kenai Planning Commissioner stated that he did recuse himself during the Planning and Zoning Commission meeting; he noted it was a win/win for the City to donate the land, then carve out what sections were needed for the Boys and Girls Club and the other portions could be used for housing. There being no one else wishing to be heard, the public comment period was closed. [Clerk's Note: Council Member Pettey declared a possible conflict with Ordinance 3287-2022 as she is a Board Member on the Kenai Community Care Center Board. Mayor Gabriel ruled Council Member Pettey had no conflict of interest.] There was discussion regarding the importance of the success of the Boys and Girls Club; if donated the Boys and Girls Club would be responsible for surveying the land; the role of the Planning and Zoning Commission being advisory; and the generous donation from Royce Roberts. City of Kenai Council Meeting Page 4 of 12 May 18, 2022 Page 47 Concerns were stated regarding to donating a piece of land without knowing the value; the effects of delaying the Boys and Girls Club facility purchase for two -weeks; and the importance of process and waiting for a recommendation from the Planning and Zoning Commission. MOTION: Council Member Knackstedt MOVED to amend Ordinance No. 3287-2022 title by correcting the parcel number from [047010118] to 04701018. Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. MOTION: Vice Mayor Glendening MOVED to postpone Ordinance No. 3287-2022 to the June 1, 2022 City Council Meeting. Council Member Winger SECONDED the motion. There was discussion related to the process placing an item before the Planning and Zoning Commission for recommendation to the Council; and actions by the Council without the recommendation. VOTE ON THE MOTION TO POSTPONE: YEA: Winger, Glendening, Sounart NAY: Pettey, Knackstedt, Gabriel, Baisden "Student Representative Thibodeau: NAY MOTION TO POSTPONE FAILD. MOTION: Council Member Glendening MOVED to re -refer Ordinance No. 3287-2022 to the Planning and Zoning Commission for a public hearing at the May 25, 2022 Planning and Zoning Commission Meeting. Council Member Winger SECONDED the motion. There was discussion regarding possible litigation slowing the process down if Council took action prior to receiving a recommendation from the Planning and Zoning Commission. VOTE ON THE MOTION TO RE -REFER: YEA: Winger, Glendening, Sounart NAY: Knackstedt, Gabriel, Baisden, Pettey "Student Representative Thibodeau: NAY MOTION TO RE -REFER FAILED. [Clerks' Note: Legal advice was provided to Council regarding receiving an recommendation from the Planning and Zoning Commission.] MOTION: Council Member Baisden MOVED to reconsider the motion to postpone. Council Member Winger SECONDED the motion. VOTE ON THE MOTION TO RECONSIDER: YEA: Gabriel, Baisden, Glendening, Sounart, Winger NAY: Knackstedt, Pettey "Student Representative Thibodeau: NAY MOTION TO RECONSIDER PASSED. VOTE ON THE RECONSIDERED MOTION TO POSTPONE: City of Kenai Council Meeting Page 5 of 12 May 18, 2022 YEA: Gabriel, Baisden, Glendening, Sounart, Winger NAY: Pettey, Knackstedt "Student Representative Thibodeau: NAY MOTION TO POSTPONE PASSED. 3. Ordinance No. 3288-2022 — Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and Training. (City Clerk) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3288-2022. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that this would allow the City to accept the reimbursable funds for the Deputy Clerk to attend the Northwest Clerks Institute. VOTE: YEA: Winger, Knackstedt, Gabriel, Glendening, Baisden, Sounart, Pettey NAY: None "Student Representative Thibodeau: YEA MOTION PASSED. 4. Resolution No. 2022-29 — Authorizing an Agreement for Professional Engineering Services to Provide Construction Documents for the Waste Water Treatment Plant Digestor Blower Replacement Project. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-29. Vice Mayor Glendening SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that the current Digestor Blowers were well beyond their useful life. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 5. Resolution No. 2022-30 — Authorizing A Budget Transfer in the General Fund, Non - Departmental, Department to Provide Supplemental Funding to the Communications Tower Condition Assessment and Capacity Study Project. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-30. Council Member Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that this project was included in the budget; when the original request for quotes went out, none were received; when asked contractors indicated the City's estimate was insufficient. City of Kenai Council Meeting Page 6 of 12 May 18, 2022 UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 6. Resolution No. 2022-31 — Authorizing an Agreement for Professional Engineering Services to Conduct a Rate Study for the Water, Sewer Wastewater Utility. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-31. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 7. Resolution No. 2022-32 — Amending the Employee Classification Plan by Reclassifying the Public Works Wastewater Treatment Plant Foreman and the Water and Sewer Foreman Positions Under the Foreman Classification and Adjusting the Range for this Class. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-32. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 8. Resolution No. 2022-33 — Approving the Vacation of a 60' Wide Right of Way and Associated Utility Easements in Jaynes Subdivision, Big Mike's Addition, as Granted by Plat K-2015-99, and Bridge Road Subdivision 2019 Replat as Granted by Plat K-2020-15, Located Within Section 4, Township 5 North, Range 11 West, Seward Meridian, Alaska, and Determining the Right of Way and Utility Easements are Not Needed for a Public Purpose. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-33. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 9. Resolution No. 2022-34 — Adopting the Updated 2022 Kenai Peninsula Community Wildfire Protection Plan. (Administration) MOTION: City of Kenai Council Meeting Page 7 of 12 May 18, 2022 Page 50 Council Member Knackstedt MOVED to adopt Resolution No. 2022-34. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding the importance of addressing wildfire mitigation and the benefits of a slash disposal site. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 10. Resolution No. 2022-35 — Authorizing a Budget Transfer in the Airport Fund, Administration Department for the Payment of Concession Relief Payments to Terminal Concessionaires from Grant Funds Received through the Coronavirus Response and Relief Supplemental Appropriation Act, 2021. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-35. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding the funds being meant for the Airport; the appropriation was needed; and would be dispensed based on contributions. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 11. Resolution No. 2022-36 — Authorizing a Budget Transfer in the General Fund, Shop Department for Costs in Excess of Budgeted Amounts. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-36. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. E. MINUTES 1. *Regular Meeting of May 4, 2022. (City Clerk) F. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. *Action/Approval — Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval — Purchase Orders Over $15,000. (Administration) City of Kenai Council Meeting Page 8 of 12 May 18, 2022 Approved by the consent agenda. 3. *Action/ Approval — Non -Objection to Liquor License Renewals for Kenai Elks Lodge #2425. (City Clerk) Approved by the consent agenda. 4. *Ordinance No. 3289-2022 — Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the Fiscal Year Commencing July 1, 2022 and Ending June 30, 2023 and Committing $3,986,107 of General Fund, Fund Balance for Future Capital Improvements. (Administration) Introduced by the consent agenda and Public Hearing set for June 1, 2022. 5. *Ordinance No. 3290-2022—Authorizing the Return of Funds Remaining from Completed or Canceled Capital Projects to the General, Airport Special Revenue and Water and Sewer Special Revenue Funds. (Administration) Introduced by the consent agenda and Public Hearing set for June 1, 2022. 6. *Ordinance No. 3291-2022 —Accepting and Appropriating Private Donations to the Kenai Community Library for the Purchase of Programming Equipment and Library Materials. (Administration) Introduced by the consent agenda and Public Hearing set for June 1, 2022. 7. *Ordinance No. 3292-2022 — Increasing Estimated Revenues and Appropriations in the General Fund and Public Safety Capital Project Fund to Provide Supplemental Funding for the Fire Department Flooring Replacement Project. (Administration) Introduced by the consent agenda and Public Hearing set for June 1, 2022. 8. *Ordinance No. 3293-2022 — Amending the Appendices to the Kenai Municipal Code to Delete Cemetery Regulations, Amending Title 24-Municipal Cemetery, to Include Certain Portions of the Appended Cemetery Regulations and Make Other Housekeeping Changes and Adopting a Kenai Municipal Cemetery Regulations Policy. (City Clerk) Introduced by the consent agenda and Public Hearing set for June 1, 2022. 9. Action/Approval — Special Use Permit to Pacific Star Seafoods, Inc. for 15,000 square feet of Apron for Aircraft Parking & Loading from June 1, 2022-July 31, 2022. (Administration) MOTION: Council Member Knackstedt MOVED to approve the Special Use Permit to Pacific Star Seafoods, Inc. Council Member Glendening SECONDED the motion. It was clarified that this would be similar to the activities Pacific Star Seafoods, Inc. did in 2021. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 10. Action/Approval — Second Amendment to Agreement for Janitorial Services with Reborn Again Janitorial Services. (Administration) MOTION: City of Kenai Council Meeting Page 9 of 12 May 18, 2022 Page 52 Council Member Knackstedt MOVED to approve the second amendment to the Reborn Again Janitorial Service Agreement. Council Member Glendening SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 11. Action/Approval — Confirmation of Mayoral Nominations for Appointment to the Council on Aging and Mini Grant Steering Committee. MOTION: Council Member Knackstedt MOVED to confirm the Mayoral Nominees for Appointment. Council Member Glendening SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 12. Discussion — Scheduling a Board of Adjustment Appeal Hearing. (City Clerk) A Board of Adjustment Appeal Hearing was scheduled for June 20, 2022 at 5:00 p.m. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Council Member Knackstedt reported on the May 12, 2022 meeting; next meeting June 9, 2022. 2. Airport Commission Council Member Baisden reported on the May 12, 2022 meeting; next meeting June 9, 2022. 3. Harbor Commission Council Member Pettey reported no quorum at the May 9, 2022 meeting; next meeting June 6, 2022. 4. Parks and Recreation Commission Next meeting June 2, 2022. 5. Planning and Zoning Commission Vice Mayor Glendening reported on the May 11, 2022 meeting; next meeting May 25, 2022. 6. Beautification Committee Council Member Sounart reported on the May 10, 2022 Work Session; next meeting May 19, 2022 — Special meeting. 7. Mini -Grant Steering Committee No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Alaska Bycatch Review Task Force meeting; and an upcoming subcommittee meeting. • Participated with the third -grade field trip for the Johnson Lake fish release. • Reminded everyone to keep an eye on the State of Alaska House budget. J. ADMINISTRATION REPORTS 1. City Manager — City Manager Ostrander reported on the following: City of Kenai Council Meeting Page 10 of 12 May 18, 2022 Page 53 • Thanked the Council for approving Resolution 2022-34; provided an updated regarding additional funding for spruce bark beetle mitigation and possible required matching funds. • Meeting with Senator Sullivan to discuss the Bluff Erosion project and funding sources if the project is removed from the State budget. • Continued work on the NFIP Program and the needed amendments to code. 2. City Attorney — City Attorney Bloom — No report. 3. City Clerk — City Clerk Saner reported on the following: • Clarified that there was no previous action of the Council to establish a sunset date for remote meeting participation. K. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) Marion Nelson reported the board had selected officers and provided an update regarding the next show. 2. Council Comments Council Member Petty thanked everyone who commented on behalf of the Boys and Girls Club and the people who volunteered to serve on commissions. She reported on her meeting with Senator Sullivan and their conversation regarding rank choice voting. Student Representative Thibodeau that it was the last day of school; his participating playing in the band during the graduation ceremony; and provided a sports update. Council Member Sounart thanked everyone who commented on behalf of the Boys and Girls Club; noted she was also able to meet with Senator Sullivan. Vice Mayor Glendening stated it was good to be home and that he was looking forward to the Employee Appreciation Event. Council Member Winger thanked everyone who had participated in the meeting; noted her appreciation for the budget process and the budget work session; congratulated all of the graduates. Council Member Baisden congratulated the Kenai Central High School Class of 2022. Mayor Gabriel reminded everyone about the upcoming Memorial events in our community. L. EXECUTIVE SESSION — None. M. PENDING ITEMS — None. N. ADJOURNMENT O. INFORMATIONAL ITEMS 1. Purchase Orders Between $2,500 and $15,000. There being no further business before the Council, the meeting was adjourned at 10:59 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of May 18, 2022. Michelle M. Saner, MMC City of Kenai Council Meeting Page 11 of 12 May 18, 2022 City Clerk ** The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. City of Kenai Council Meeting Page 12 of 12 May 18, 2022 KENAI CITY COUNCIL — REGULAR MEETING Page 55 June 1, 2022 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on June 1, 2022, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Teea Winger Glenese Pettey Henry Knackstedt A quorum was present. Also in attendance were: James Baisden Deborah Sounart Jim Glendening, Vice Mayor **Silas Thibodeau, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Terry Eubanks, Finance Director Tony Prior, Fire Chief Dave Ross, Police Chief Scott Curtin, Public Works Director Kathy Romain, Senior Services Director Brad Walker, Parks and Recreation Director Eland Conway, Airport Manager Randi Broyles, Assistant to City Manager Shellie Saner, City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the Packet: Add item D.1. Public Hearing — Ordinance No. 3289-2022 • Amendment Memo MOTION: Council Member Knackstedt MOVED to approve the agenda with the requested revisions; requested to suspend the rules to hear Unfinished Business, Ordinance 3287-2022 prior to Public Hearings; and requested UNANIMOUS CONSENT. Council Member Baisden SECONDED the motion. VOTE: There being no objection; SO ORDERED. 4. Consent Agenda City of Kenai Council Meeting Page 1 of 11 June 1. 2022 Page 56 MOTION: Council Member Knackstedt MOVED to approve the consent agenda. Council Member Baisden SECONDED the motion. The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. *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 — None. C. UNSCHEDULED PUBLIC COMMENTS — None. [Clerk's Note: At the setting of the Agenda, the motion to suspend the rules to hear Unfinished Business, Ordinance 3287-2022 prior to Public Hearings was approved by unanimous consent.] F. UNFINISHED BUSINESS 1. Ordinance No. 3287-2022 — Conditionally Donating Certain City Owned Property Described as Tract A Park View Subdivision (KPB Parcel No. 04701018) to the Boys and Girls Club of the Kenai Peninsula for Development of Facilities for Youth Sports, Recreation, Education, After School Care and Other Youth Activities. (Mayor Gabriel and Council Member Baisden) [Clerk's Note: The motion to enact was on the floor from the May 18, 2022 Regular City Council Meeting.] Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding potential buyers for the property; fair process for all interested parties when donating City owned property; donating property without knowledge of the property value; concerns raised by neighboring property owners related to a buffer/green strip area; the sudden interest in this particular piece of property; and the conditions that must be met by the Boys and Girls Club with the donation of the property. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance 3287-2022 by inserting a new Whereas Clause to read, "the Planning and Zoning Commission recommended approval of the conditional land donation at their meeting on May 25, 2022; and,". Council Member Baisden SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: YEA: Knackstedt, Gabriel, Baisden, Sounart, Pettey NAY: Winger, Glendening **Student Representative Thibodeau: YEA City of Kenai Council Meeting Page 2 of 11 June 1. 2022 MAIN MOTION AS AMENDED PASSED. D. PUBLIC HEARINGS 1. Ordinance No. 3289-2022 —Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the Fiscal Year Commencing July 1, 2022 and Ending June 30, 2023 and Committing $3,986,107 of General Fund, Fund Balance for Future Capital Improvements. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3289-2022. Council Member Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance 3289-2022, to reduce General Fund expenditures by $50,000 because of additional funding pledged by the Kenai Senior Connection, Inc. for Senior Center operations in FY2023. Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Baisden MOVED to amend Ordinance 3289-2022, to provide funding to increase the Accountant position in the Finance Department to a Controller position by increasing General Fund expenditures by $18,436. Council Member Winger SECONDED the motion. Clarification was provided that if approved the job description would be updated through a resolution and the position would be directly under the Finance Director. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Winger MOVED to amend Ordinance 3289-2022, to add one additional operator position by increasing expenditures by $109,786, decreasing Personal Use Fisheries Special Revenue Fund Expenditures by $441, and increasing Employee Health Care Internal Service Fund expenditures by $42,840. Council Member Glendening SECONDED the motion. There was discussion regarding one operator position being removed in FY2022, this amendment would reestablish that one operator position; the number of calls received due to the challenges for vehicles during the last winters weather conditions; the benefits of adding the position back with the additional new truck; inclusion of additional overtime funding allowing staff time for severe weather conditions; and the ability to add the position back in FY2024 if another winter like the last one happens in 2023. VOTE ON MOTION TO AMEND: YEA: Glendening, Winger NAY: Knackstedt, Gabriel, Baisden, Sounart, Pettey "Student Representative Thibodeau: NAY MOTION TO AMEND FAILED TO PASS. City of Kenai Council Meeting Page 3 of 11 June 1. 2022 MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance 3289-2022, Section 3 to replace $3,986,107 with $4,032,601 as a result of the prior amendments; and amend Section 2, to update the Total of All funds to $36,075,427. Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. There was clarification provided on each revision to the Classification Plan included within the FY2023 Budget; and discussion related to the salary schedule and how the employees of the Council were identified within it. VOTE MAIN MOTION AS AMENDED: YEA: Gabriel, Glendening, Baisden, Sounart, Pettey, Winger, Knackstedt NAY: None "Student Representative Thibodeau: YEA MAIN MOTION AS AMENDED PASSED. MOTION TO SUPSEND THE RULES: Council Member Glendening MOVED to suspend the rules to conduct the public hearing on Resolution No. 2022-45 prior to the public hearing on Ordinance No. 3290-2022. Council Member Sounart SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to suspend the rules. VOTE: There being no objection; SO ORDERED. 14. Resolution No. 2022-45 — Supporting the Constitutional Right of Alaska Grand Juries to Investigate and Make Recommendations on Public Welfare and Safety Concerns. (Council Members Sounart and Pettey) MOTION: Council Member Pettey MOVED to adopt Resolution No. 2022-45. Council Member Sounart SECONDED the motion. Mayor Gabriel opened the floor for public comment. Queen Parker and Sybil Currey read sections of the State of Alaska Constitution and Statutes, emphasizing the importance of protecting the existing laws and the authority of grand juries as well as the need for new laws ensuring the grand juries have the right to conduct investigations. There being no one else wishing to be heard, the public comment period was closed. There was discussion regarding the importance not only judging the crime, but also judging the laws; supporting laws to ensure the rights of our grand juries; the importance of the grand jury as it is the judicial arm closest to the people and should be accessible to the people; and the resolution would encourage the State and Federal governments to review the laws. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 2. Ordinance No. 3290-2022 —Authorizing the Return of Funds Remaining from Completed or Canceled Capital Projects to the General, Airport Special Revenue and Water and Sewer Special Revenue Funds. (Administration) MOTION: City of Kenai Council Meeting Page 4 of 11 June 1. 2022 Page 59 Council Member Knackstedt MOVED to enact Ordinance No. 3290-2022. Council Member Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that this would take Capital Project Funds that are no longer needed for projects that were complete and return them to the originating fund. VOTE: YEA: Glendening, Baisden, Sounart, Pettey, Winger, Knackstedt, Gabriel NAY: None "Student Representative Thibodeau: YEA MOTION PASSED. 3. Ordinance No. 3291-2022 —Accepting and Appropriating Private Donations to the Kenai Community Library for the Purchase of Programming Equipment and Library Materials. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3291-2022. Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that this would appropriate donated funds. VOTE: YEA: Baisden, Sounart, Pettey, Winger, Knackstedt, Gabriel, Glendening NAY: None "Student Representative Thibodeau: YEA MOTION PASSED. 4. Ordinance No. 3292-2022 — Increasing Estimated Revenues and Appropriations in the General Fund and Public Safety Capital Project Fund to Provide Supplemental Funding for the Fire Department Flooring Replacement Project. (Administration) MOTION: Council Member Baisden MOVED to enact Ordinance No. 3292-2022. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that this would replace existing carpet in the living area with tile and also included asbestos abatement. VOTE: YEA: Sounart, Pettey, Winger, Knackstedt, Gabriel, Glendening, Baisen NAY: None "Student Representative Thibodeau: YEA MOTION PASSED. City of Kenai Council Meeting Page 5 of 11 June 1. 2022 5. Ordinance No. 3293-2022 — Amending the Appendices to the Kenai Municipal Code to Delete Cemetery Regulations, Amending Title 24-Municipal Cemetery, to Include Certain Portions of the Appended Cemetery Regulations and Make Other Housekeeping Changes and Adopting a Kenai Municipal Cemetery Regulations Policy. (City Clerk) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3293-2022. Council Member Sounart SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. MOTION TO POSTPONE: Council Member Winger MOVED to postpone Ordinance No. 3293-2022 to June 15, 2022. Council Member Baisden SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to postpone. VOTE: There being no objection; SO ORDERED. [Clerk's Note: Student Representative Thibodeau left the meeting at 8:20 p.m.] 6. Resolution No. 2022-37 — Removing the Moratorium on the Purchase of Standard Cemetery Plots for the Sole Purpose of Reserving a Cemetery Plot Not Being Used for Immediate Internment. (City Clerk) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-37. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. MOTION TO POSTPONE: Council Member Winger MOVED to postpone Resolution No. 2022-37 to June 15, 2022. Council Member Glendening SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to postpone. VOTE: There being no objection; SO ORDERED. 7. Resolution No. 2022-38 — Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2022 and Ending June 30, 2023. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-38. Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. MOTION TO AMEND: Council Member Baisden MOVED to amend Resolution No. 2022-38 by changing the mill rate from 4.35 mills to 4.25 mills throughout the resolution. Council Member Winger SECONDED the motion. City of Kenai Council Meeting Page 6 of 11 June 1. 2022 Page 61 There was discussion regarding the benefits to the tax payers with a .10 mill reduction; the current rate of inflation; how a reduction would impact the fund balance policy; and the possibility of lowering the mill in FY2023. VOTE: YEA: Winger, Baisden NAY: Pettey, Knackstedt, Gabriel, Glendening, Sounart MOTION PASSED. 8. Resolution No. 2022-39 — Amending the Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes Included in the FY2023 Budget to Include Adjusting Airport Fees, Animal Control Fees, Fire Department Ambulance Fees, Library Fees, Parks and Recreation Fees, City Dock Fees, Water Fees, Sewer Fees, Senior Center Fees, and Adjusting the Monthly Rental Rates at Vintage Pointe. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-39. Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 9. Resolution No. 2022-40 — Approving the Divestment of the City's Interest in the Deeded Thirty -Foot Public Use Easement Lying Along the North Boundary Of Lot 35, Section 6, Township Five North, Range Eleven West, Seward Meridian, Alaska, and Determining The Easement Is Not Needed For A Public Purpose. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-40. Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that the public easement was no longer needed for the Dipnet Fishery. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 10. Resolution No. 2022-41 — Authorizing Renewal of the City's Insurance Coverage with Alaska Municipal League Joint Insurance Association for July 1, 2022 Through June 30, 2023. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-41. Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. City of Kenai Council Meeting Page 7 of 11 June 1. 2022 Page 62 It was reported that if the increase to the amount was more than ten -percent the City could opt out; however, the increase was less than ten -percent. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 11. Resolution No. 2022-42 — Authorizing Contracts for Employee Health Care and Other Benefits Effective July 1, 2022. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-42. Council Member Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding health care rates; renewal for employee coverage came in at a four - percent increase, which was significant; however, one of the better years. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 12. Resolution No. 2022-43 — Authorizing the City Manager to Enter into a Memorandum of Agreement with the State of Alaska Department of Natural Resources, Division of Forestry to Support Spruce Beetle Mitigation and Hazard Fuel Reduction. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-43. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding the importance of private property owners making sure their property was fire wise; the site opening date of June 2, 2022; if the rounds would be available for members of the public to use for heating; additional funding for the site from the State and Kenai Peninsula Borough due to the use by non -City residents; and planned mitigation on City owned lands. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 13. Resolution No. 2022-44 — Approving the Execution of a Lease of Airport Reserve Lands Using the Standard Lease Form Between the City of Kenai and Swanson Properties, LLC on Lot 6, Block 5, General Aviation Subdivision No. 1 Amended. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-44. Council Member Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. City of Kenai Council Meeting Page 8 of 11 June 1. 2022 E. MINUTES 1. *Budget Work Session of May 14, 2022. (City Clerk) G. NEW BUSINESS 1. *Action/Approval — Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Ordinance No. 3294-2022 — Accepting and Appropriating Funding from the State of Alaska Department of Natural Resources, Division of Forestry, to Support Spruce Beetle Mitigation and Hazard Fuel Reduction. (Administration) Introduced by the consent agenda and Public Hearing set for June15, 2022. 3. Action/Approval —Executing an Amendment to the Facility Management Agreement with Kenai Chamber of Commerce and Visitor Center, Inc. to Extend the Current Agreement to June 30, 2023. (Administration) MOTION: Council Member Knackstedt MOVED to approve the Amendment to the Facility Management Agreement with Kenai Chamber of Commerce. Council Member Winger SECONDED the motion. It was reported that the this is the first extension and the agreement allows for two. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 4. Action/Approval — Approving Official Bond Amounts for City Manager, City Clerk and Finance Director. (Administration) MOTION: Council Member Knackstedt MOVED to approve the Official Bonding Amounts. Council Member Glendening SECONDED the motion. It was reported that Kenai Municipal Charter requires that the City Council establish bonding amounts for the three positions; the City's general liability provides $500,000; with approval the combined coverage overall would be $600,000. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 5. Discussion — Scheduling a Board of Adjustment Appeal Hearing. (City Clerk) A Board of Adjustment Appeal Hearing was schedule for June 20, 2022 at 7:00 p.m. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging No report; next meeting June 9, 2022. 2. Airport Commission No report; next meeting June 9, 2022. 3. Harbor Commission No report; next meeting June 6, 2022. City of Kenai Council Meeting Page 9 of 11 June 1. 2022 4. Parks and Recreation Commission No report; next meeting June 2, 2022. 5. Planning and Zoning Commission Vice Mayor Glendening reported on the May 25, 2022 meeting; next meeting June 8, 2022. 6. Beautification Committee Council Member Sounart reported on the May 19, 2022 special meeting; September 13, 2022. 7. Mini -Grant Steering Committee No report. I. REPORT OF THE MAYOR Mayor Gabriel thanked Vice Mayor Glendening for speaking at the Memorial Day Service, thanked those who serve and reported on the following: • Awareness of conversation between a Council Member and a contractor; and inquired to see if the Council wanted to develop a process for the public to voice complaints to be heard by the Council. J. ADMINISTRATION REPORTS 1. City Manager — City Manager Ostrander reported on the following: • Noted the significance of the increased amount committed from Kenai Senior Connections. • Kenai Peninsula Borough, General Obligation Bond package included $500,000 for the restrooms at Kenai Central High School. • Meeting with Senator Murkowski's staff regarding funding opportunities for the needs of the Waste Water Treatment Plant. 2. City Attorney — City Attorney Bloom reported on the following: • Complaints regarding problem properties within the City; and thanking the Parks and Recreation Director for working with the owner of the property to get it cleaned up. 3. City Clerk — City Clerk Saner reported on the following: • Attendance at the International Institute of Municipal Clerks Annual Conference in Little Rock, AR. • Absentee voting hours for the State of Alaska, Special Primary Election. Monday — Friday, 9:00 a.m. — 4:00 p.m. K. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) Marion Nelson addressed the Council regarding the Thor Evenson show, with a reception on June 2, 2022; a meeting with the Executive Committee of the Kenai Art Center with the Executive Director of the Kenai Peninsula Economic Development District, Tim Dillon to discuss funding opportunities. 2. Council Comments Council Member Petty thanked staff for the budget process and recognized the work involved; and noted her appreciation for the KCH bathroom project being included in the GO Bond. Council Member Sounart thanked staff for the budget process. City of Kenai Council Meeting Page 10 of 11 June 1. 2022 Page 65 Council Member Winger gave her condolences to the families in Texas, noting current times and the ALICE training provided to our children; reminded everyone to fire wise their property; and reported on a conversation with Representative Gilham regarding ranked choice voting. Vice Mayor Glendening stated his support for our veterans; reported on his participation during the Memorial Day Services; and reflected on the service and loss of his family members who have served. Council Member Baisden thanked Vice Mayor Glendening for reminding everyone what Memorial Day really meant; and thanked staff for the budget process. Council Member Knackstedt thanked staff for the budget process. Mayor Gabriel thanked the Administration for bringing forward a budget that reflected the budget goals adopted by the Council. L. EXECUTIVE SESSION — None. M. PENDING ITEMS — None. N. ADJOURNMENT O. INFORMATIONAL ITEMS 1. Purchase Orders Between $2,500 and $15,000. There being no further business before the Council, the meeting was adjourned at 10:16 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of June 1, 2022. Michelle M. Saner, MMC City Clerk ** The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. City of Kenai Council Meeting Page 11 of 11 June 1. 2022 Sponsored by: City Clerk CITY OF KENAI ORDINANCE NO. 3293-2022 AN ORDINANCE AMENDING THE APPENDICES TO THE KENAI MUNICIPAL CODE TO DELETE CEMETERY REGULATIONS, AMENDING TITLE 24-MUNICIPAL CEMETERY, TO INCLUDE CERTAIN PORTIONS OF THE APPENDED CEMETERY REGULATIONS AND MAKE OTHER HOUSEKEEPING CHANGES AND ADOPTING A KENAI MUNICIPAL CEMETERY REGULATIONS POLICY. WHEREAS, the City took over ownership and management of the original cemetery in 1985; and, WHEREAS, the original section of the Kenai Municipal Cemetery (cemetery) is now ninety seven percent occupied/reserved; and, WHEREAS, a new section of the cemetery was recently established to the west of the original cemetery; and, WHEREAS, there are currently two separate parts of Kenai Municipal Code establishing laws and regulations for the cemetery; and, WHEREAS, locating applicable laws for the cemetery in one municipal code title provides clarity for the public and administration; and, WHEREAS, it is in the best interest of the City to adopt regulations through policy that are designed to effectively manage the cemetery on a long-term basis, strategically aligning with the City's overall goals; and, WHEREAS, the policy is intended to be more user friendly and available for the public then municipal code; and, WHEREAS, the City of Kenai Parks and Recreation Commission at their May 5, 2022 regular meeting recommended Council Approval of the Kenai Municipal Cemetery Regulations Policy. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Deletion of Appended Cemetery Regulations of Kenai Municipal Code: That Kenai Municipal Code, Appendices, Cemetery Regulations is hereby deleted in its entirety as follows: [CEMETERY REGULATIONS * NOTE TO CEMETERY REGULATIONS: PURSUANT TO TITLE 24 OF THE KENAI MUNICIPAL CODE, THE FOLLOWING REGULATIONS ARE HEREBY PROMULGATED TO ENSURE THE CONTINUATION OF THE INTEGRITY OF THE KENAI MUNICIPAL CEMETERY AND THE PROTECTION OF THE HEALTH AND WELFARE OF THE COMMUNITY. SECTION 1: PLOTS A. PLOTS SHALL BE PLATTED IN THOSE AREAS OF THE CEMETERY WHERE INTERMENTS HAVE NOT AS YET TAKEN PLACE IN FIVE-FOOT (5') BY TEN -FOOT (10') PLOTS, TWO -AND -ONE -HALF -FOOT (2-1/2') BY FIVE-FOOT (5') PLOTS FOR INFANTS, AND TWO FEET (2') BY TWO FEET (2') BY TWO FEET (2') FOR CREMAINS. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3293-2022 Page 2 of 7 B. THE CITY CLERK SHALL BE IN CHARGE AND HAVE ACCESS TO SAID PLATS FOR THE PURPOSE OF ASSIGNING PLOTS UPON REQUEST, AND HAVE CHARGE OF BURIAL RECORDS, FILES AND MAPS WHICH SHALL BE STORED BY THE CITY OF KENAI. THE CITY CLERK SHALL CHARGE A FEE FOR EACH PLOT, DEPENDING UPON THE SIZE OF THE PLOT (ADULT OR INFANT OR CREMAINS) AND THE SEASON DURING WHICH THE OPENING AND CLOSING OF THE GRAVE OCCURS. ALL FEES SHALL BE AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. PAYMENT IN FULL FOR THE PLOT IS REQUIRED AT THE TIME OF PURCHASE OF THE PLOT. PAYMENT FOR THE OPENING OR CLOSING OF THE GRAVE IS DUE PRIOR TO COMMENCEMENT OF WORK. C. THE PURCHASE OF A BURIAL PLOT, CREMAINS PLOT, OR COLUMBARIUM NICHE IN THE KENAI MUNICIPAL CEMETERY SHALL BE MADE THROUGH THE CITY CLERK'S OFFICE. THE PURCHASER WILL BE ASSIGNED A PLOT(S) OR NICHE(S) AFTER HAVING PAID THE APPROPRIATE FEE. IT IS PROHIBITED FOR THE PURCHASER OF SAID PLOT(S) OR NICHE(S) TO RE -SELL OR RE -ASSIGN EXCEPT TO THE CITY. ALL PAYMENTS FOR BURIAL PLOTS, CREMAINS PLOTS, OR COLUMBARIUM NICHES SHALL BE MADE DIRECTLY TO THE CITY OF KENAI. THE FEES FOR SUCH PURCHASE SHALL BE ESTABLISHED AND MAINTAINED IN THE CITY CLERK'S SCHEDULE OF RATES, CHARGES, AND FEES. SECTION 2: INTERMENT AND DISINTERMENT OR NICHE OPENING AND CLOSING A. THE CITY CLERK SHALL BE PROVIDED WITH THE APPROPRIATE STATE BURIAL AND TRANSIT PERMITS BEFORE INTERMENT OR INURNMENT WILL BE PERMITTED. THE BURIAL PLOTS CAN BE USED FOR NO OTHER PURPOSE THAN INTERMENT AND CREMAINS PLOTS OR COLUMBARIUM NICHES CAN BE USED FOR NO OTHER PURPOSE BUT INURNMENT. B. INTERMENT OR DISINTERMENT SHALL BE MADE IN COMPLIANCE WITH ALL STATE AND CITY LAWS AND REGULATIONS. C. PRIOR TO INTERMENT OR INURNMENT A MARKER OR HEADSTONE DEPOSIT IS REQUIRED. SUCH DEPOSIT SHALL BE ESTABLISHED AND MAINTAINED IN THE CITY'S SCHEDULE OF RATES, CHARGES, AND FEES, AND MUST BE PAID TO THE CITY OF KENAI. DEPOSIT REFUNDS WILL BE ISSUED AFTER PROPER INSTALLATION OF MARKER OR HEADSTONE. IF AFTER EIGHTEEN (18) MONTHS (PLOTS) AND SIX (6) MONTHS (COLUMBARIUM'S) A PERMANENT MARKER OR HEADSTONE HAS NOT BEEN INSTALLED, THE CITY SHALL INSTALL A MARKER OR FLAT HEADSTONE UTILIZING THE DEPOSIT AS PAYMENT. D. MARKERS AND HEADSTONES FOR CEMETERY PLOTS MAY BE SET IN A CONCRETE BASE AND INSTALLED AT THE HEAD OF THE GRAVE, CENTERED AND INSIDE THE PLOT AREA. THE PARKS AND RECREATION DIRECTOR MUST BE NOTIFIED PRIOR TO ANY PLOT PREPARATION, CONSTRUCTION, OR PLACEMENT OF HEADSTONE OR MARKER. IF RELIGIOUS PRACTICES MAKE THE CONFORMANCE OF THIS REQUIREMENT IMPOSSIBLE, THE OLD SECTION OF THE CEMETERY MAY BE UTILIZED. THIS DECISION WILL BE AT THE DISCRETION OF THE PARKS AND RECREATION DIRECTOR OR DESIGNEE. ALL NICHE OPENINGS AND CLOSINGS SHALL BE OVERSEEN BY THE PARKS AND RECREATION DEPARTMENT. A NICHE MAY BE OPENED ONLY AT THE REQUEST OF THE NICHE OWNER AS LISTED IN THE CEMETERY RECORDS OR AS DETERMINED BY THE CITY CLERK. THE INITIAL OPENING AND CLOSING (INURNMENT) OF THE NICHE IS INCLUDED IN THE ORIGINAL COST OF THE NICHE. ADDITIONAL OPENINGS AND CLOSINGS THEREAFTER ARE CHARGED AT A RATE PURSUANT TO THE CITY'S FEE STRUCTURE. MARKERS FOR COLUMBARIUM NICHES SHALL FOLLOW A STANDARD FORMAT, FONT, AND SIZE AS DETERMINED BY THE CITY AND SHALL INCLUDE THE FIRST AND LAST NAME OF THE DECEASED, YEAR OF BIRTH, AND YEAR OF DEATH. F. ONLY INTERMENT OR INURNMENT OF HUMAN REMAINS IS PERMITTED IN THE KENAI MUNICIPAL CEMETERY. G. NO MORE THAN ONE (1) GRAVE MARKER PER PLOT SHALL BE ALLOWED. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3293-2022 Page 3 of 7 H. ONE (1) CASKET AND UP TO TWO (2) CREMAINS MAY BE BURIED IN A STANDARD OR INFANT PLOT. UP TO THREE (3) CREMAINS MAY BE BURIED IN A STANDARD OR INFANT PLOT. ONLY ONE (1) CREMAIN MAY BE BURIED IN A CREMAIN PLOT. UP TO TWO (2) CREMAINS MAY BE INURNED IN A STANDARD NICHE. SECTION 3: MAINTENANCE A. THE CITY OF KENAI SHALL TAKE REASONABLE PRECAUTION TO PROTECT ALL GRAVE MARKERS WITHIN THE KENAI MUNICIPAL CEMETERY FROM LOSS OR DAMAGE BUT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR LOSS OR DAMAGE FROM CAUSES BEYOND SUCH REASONABLE PRECAUTIONS. DAMAGES INCURRED DIRECTLY OR COLLATERALLY AND CAUSED BY OR RESULTING FROM THIEVES, VANDALS, MALICIOUS MISCHIEF, OR UNAVOIDABLE ACCIDENTS SHALL BE EXCLUDED FROM THE CITY OF KENAI'S RESPONSIBILITIES. B. PLANTING OF TREES, SHRUBBERY, PLANTS OR TURF WITHIN THE KENAI MUNICIPAL CEMETERY SHALL BE WITH THE CONSENT OF THE PARKS AND RECREATION DIRECTOR OR DESIGNATED REPRESENTATIVE. FAILURE TO GET PRIOR AUTHORIZATION MAY RESULT IN REMOVAL OF PLANT MATERIAL. THE CITY WILL MAINTAIN THE DRIVEWAY IN WINTER AND CLEAR THE PATH TO THE GRAVE IF A FUNERAL IS SCHEDULED. THE CITY OF KENAI SHALL PROVIDE GRASS CUTTING AT REASONABLE INTERVALS, AS WELL AS RAKING, CLEANING, GRADING AND LANDSCAPING. SUGGESTED HEIGHT OF TREES IS NO MORE THAN EIGHT FEET (8'). C. ENCLOSURES SUCH AS A PICKET FENCE OR A PERIMETER SHALL BE PERMITTED AROUND OR ABOUT ANY GRAVE OR BURIAL PLOT ONLY UPON EXPRESSED AUTHORIZATION OF THE PARKS AND RECREATION DIRECTOR OR DESIGNEE. ENCLOSURES PLACED BEFORE AUTHORIZATION IS GRANTED ARE SUBJECT TO REMOVAL. ENCLOSURES NOT MAINTAINED OR THAT CREATE A SAFETY HAZARD MAY BE REMOVED AND DISCARDED WITHOUT PRIOR NOTICE AT THE DISCRETION OF THE PARKS AND RECREATION DIRECTOR OR DESIGNEE. D. BOXES, SHELVES, TOYS AND OTHER SUCH ARTICLES UPON A GRAVE OR BURIAL LOT SHALL BE PERMITTED ONLY IF CONTAINED WITHIN THE PLOT AND MAINTAINED MONTHLY (APRIL 1 THROUGH SEPTEMBER 30). ARTICLES THAT ARE NOT MAINTAINED, IMPEDE MAINTENANCE EFFORTS, OR BECOME UNSIGHTLY WILL BE REMOVED AND DISCARDED WITHOUT PRIOR NOTICE AT THE DISCRETION OF THE PARKS AND RECREATION DIRECTOR OR DESIGNEE. E. PLASTIC OR SILK FLOWERS AND ARTIFICIAL DECORATIONS ARE ONLY PERMITTED BETWEEN MAY 1 AND SEPTEMBER 30. BURIALS OCCURRING BETWEEN OCTOBER 1 AND APRIL 30 MAY HAVE DECORATIONS DISPLAYED BUT ARE SUBJECT TO REMOVAL THIRTY (30) DAYS AFTER BURIAL. F. ALL DECORATIONS (EXCEPT THOSE ON BURIALS LESS THAN THIRTY (30) DAYS) WILL BE REMOVED DURING A SELECTED SATURDAY IN THE MONTH OF MAY EACH YEAR DURING THE ANNUAL CEMETERY CLEAN UP. A TWENTY (20) DAY NOTICE WILL BE POSTED AT THE CEMETERY. FAMILY AND FRIENDS MAY EITHER REMOVE THEIR PROPERLY PLACED DECORATIONS BEFORE SATURDAY'S CLEAN UP AND REPLACE THEM LATER, OR REQUEST THE CEMETERY NOT TO REMOVE THEIR PROPERLY PLACED DECORATIONS BY CALLING OR WRITING THE PARKS AND RECREATION DIRECTOR. A FINAL CLEAN UP OF THE CEMETERY WILL ALSO OCCUR IN LATE SEPTEMBER. G. DECORATIONS SHALL NOT BE PLACED IN OR ATTACHED TO TREES, SHRUBS, OR FENCE. PLANTS, FLOWERS, DECORATIONS, OR ARTICLES NOT OTHERWISE REMOVED BY THE DEADLINES OR REGULATIONS SET FORTH HEREIN, OR HAVE BECOME WITHERED OR DISCOLORED, WILL BE REMOVED BY THE PARKS AND RECREATION DIRECTOR OR DESIGNEE WITHOUT PRIOR NOTICE. THE CEMETERY IS NOT RESPONSIBLE FOR DAMAGE OR LIABLE FOR THE RETURN OF SUCH ITEMS. H. NO MATERIAL SHALL BE ALLOWED TO REMAIN IN THE KENAI MUNICIPAL CEMETERY LONGER THAN IS REASONABLY NECESSARY FOR ANY CONSTRUCTION WORK. DURING PERIODS OF BREAK-UP, NO HEAVY HAULING WILL BE PERMITTED. WITHIN ONE (1) YEAR OF INTERMENT, GRAVES SHALL BE RESTORED TO GROUND LEVEL AND RE -SEEDED. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3293-2022 Page 4of7 A MORTUARY CONDUCTING A FUNERAL SERVICE MAY PROVIDE, PLACE, AND REMOVE GREENS, DECORATIONS OR SEATING USED FOR A BURIAL AND MUST PROVIDE NECESSARY LOWERING DEVICES. SECTION 4: GENERAL A. THE CITY OF KENAI SHALL NOT BE LIABLE FOR ANY ORDER RECEIVED VERBALLY OR FOR ANY MISTAKE OCCURRING FROM THE WANT OF PRECISE AND PROPER INSTRUCTIONS AS TO THE PARTICULAR SPACE, SIZE OR LOCATION IN A TRACT WHERE INTERMENT IS DESIRED. B. NO PERSON SHALL ENTER THE KENAI MUNICIPAL CEMETERY EXCEPT THROUGH THE ESTABLISHED ACCESS ROUTES. THE VEHICLE GATE WILL BE OPEN DAILY FROM 6:00 A.M. TO 10:00 P.M., FROM MAY 1 TO SEPTEMBER 30 (SUMMER MONTHS) AND WILL REMAIN LOCKED FROM OCTOBER 1 TO APRIL 30 (WINTER MONTHS). THE CEMETERY IS OPEN YEAR-ROUND FOR PEDESTRIAN TRAFFIC. THE KENAI POLICE DEPARTMENT OR THE KENAI PARKS AND RECREATION DEPARTMENT MAY BE CONTACTED FOR EMERGENCY ACCESS DURING CLOSED HOURS. C. NO BURIALS SHALL BE WITHIN THE CITY LIMITS EXCEPT ON HOMESTEADS OWNED BY OR RESIDED ON BY THE DECEASED. SUCH HOMESTEADS MUST BE FIVE (5) ACRES OR LARGER. PRIVATE CEMETERIES WITHIN THE CITY LIMITS ON THE DATE OF PASSAGE OF ORDINANCE 1108 MAY CONTINUE IN USE BUT ARE LIMITED TO THEIR PLATTED SIZE. A BURIAL PERMIT IS STILL REQUIRED TO BE SUBMITTED TO THE CITY CLERK IF THE BURIAL IS TO BE ON A HOMESTEAD OR PRIVATE CEMETERY WITHIN THE CITY LIMITS. D. BICYCLES, SKATEBOARDS, ROLLER BLADES, ROLLER SKATES, MOTOR BIKES, THREE (3) OR FOUR (4) WHEELERS ARE NOT ALLOWED ON THE CEMETERY GROUNDS. E. NO CHILD UNDER THE AGE OF TWELVE (12), UNACCOMPANIED BYA GUARDIAN OR PARENT OR OTHER ADULT, SHALL BE ALLOWED ON THE CEMETERY GROUNDS. F. FOOD, BEER OR OTHER INTOXICATING LIQUORS ARE STRICTLY PROHIBITED WITHIN THE CONFINES OF THE CEMETERY.] Section 2. Amendment of Title 24 of Kenai Municipal Code: That Kenai Municipal Code, Title 24- Municipal Cemetery, is hereby amended as follows: Title 24 - MUNICIPAL CEMETERY Chapter 24.05 CREATION 24.05.010 Creation. From and after the passage of the ordinance codified in this chapter, the municipal cemetery now owned and operated by the City of Kenai shall be known as the Kenai Municipal Cemetery, and shall be available, subject to the regulations established, to all persons, irrespective of race, creed or color. Chapter 24.10 ADMINISTRATION 24.10.010 Administration. The City Clerk shall be in charge and have access to plats for the purpose of assigning plots upon request, and have charge of burial records, files and maps which shall be stored by the City of Kenai. The City Clerk shall maintain necessary records, files, and maps as required by the State to protect the health and welfare of the community and to ensure continuity in operation. The City Clerk shall assign a plot number to a specific plot in advance of the preparation of a grave whenever an interment or disinterment is to be made. 24.10.020 Enforcement. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3293-2022 Page 5 of 7 The Parks and Recreation Director or his designated representative shall enforce all cemetery regulations and shall exclude from the cemetery any person violating the cemetery regulations. Chapter 24.15 REGULATIONS AND FEES 24.15.010 Adoption of regulations. The City Clerk, with the assistance of the Parks and Recreation Commission and Director, shall establish regulations for the purchase of plots and use of the cemetery. [THESE REGULATIONS SHALL BE EFFECTIVE AFTER APPROVAL BY THE CITY COUNCIL. AMENDMENTS TO THE REGULATIONS SHALL BE SUBMITTED BY THE CITY CLERK TO THE CITY COUNCIL FOR APPROVAL.] All rules and regulations, including subsequent amendments to the rules and regulations not established within this Title may be adopted by resolution of the City Council. The rules and regulations will be available in the Office of the City Clerk and posted on the City Website. 24.15.020 Adoption of fees. All fees shall be as set forth in the City's schedule of fees adopted by the City Council. Chapter 24.20 CARE OF CEMETERY 24.20.010 Maintenance of cemetery. The City of Kenai is responsible for the appearance of the Kenai Municipal Cemetery[,]_ The maintenance of the cemetery shall be accomplished through a program administered by the Parks and Recreation Department. There is a cemetery donation fund account established for the purpose of providing funding for perpetual cemetery improvements. The City of Kenai shall maintain the driveways, gates, and fencing of the cemetery and may close access to such facilities and suspend interment services in periods of adverse conditions. 24.20.020 Operation of cemetery. The City of Kenai reserves the right at any time to enlarge, reduce, replat or change the boundaries or grading of the City tracts in the Kenai Municipal Cemetery or any part thereof; to modify or change location of or move or regrade roads, drives, or walks, or any part thereof; to lay, maintain and operate or later to change pipelines or gutters or sprinkling systems, drainage or otherwise. The City of Kenai reserves for itself the perpetual right to ingress and egress over all plots for the purpose of maintenance, operations or any emergency work necessary to the operation of the cemetery. 24.20.030 [GRAVE] Plot specifications and preparation. A. Plots shall be platted in those areas of the cemetery where interments have not as vet taken place in five-foot (5') by ten -foot (10') plots, two -and -one -half -foot (2-1/2') by five-foot (5') plots for infants, and two -foot (2') by two -foot (2') for cremains. B. The City of Kenai shall not be liable for any order received verbally of for any mistakes occurring from the want of precise and proper instructions as to the particular space, size or location in a tract where interment is desired. C. All opening[s], closing[s], plot preparation[s], interment[s], disinterment[s], marker placement[s] and removal[s] shall be overseen by the City and under the supervision of the Parks and Recreation Director or [THEIR DESIGNATED REPRESENTATIVE] designee. Opening and closing of graves shall be conducted by a contractor or business licensed and insured in the State of Alaska as an embalmer, funeral director or mortuary establishment. Chapter 24.25 Burials Generally New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3293-2022 Page 6 of 7 24.25.010 Burials not on City Lands. No burials shall be within the City limits except on homesteads owned by or resided on by the deceased. Such homesteads must be five (5) acres or larger. Private cemeteries within the City limits on the date of passage of Ordinance 1108 (February 22, 1986) may continue in use but are limited to their platted size. A burial permit is required to be submitted to the City Clerk if the burial is to be on a homestead or private cemetery within the City limits. [CHAPTER 24.30 KENAI MUNICIPAL CEMETERY ADVISORY COMMITTEE 24.30.010 DUTIES AND POWERS. (A) THERE IS ESTABLISHED A KENAI MUNICIPAL CEMETERY ADVISORY COMMITTEE, AS A SUBCOMMITTEE OF THE PARKS AND RECREATION COMMISSION, CONSISTING OF FIVE (5) MEMBERS. FOUR (4) MEMBERS SHALL REPRESENT THE OWNERS OF PRIVATE PLOTS AND/OR THE COMMUNITY AT LARGE. ONE (1) MEMBER SHALL BE A MEMBER OF THE FUNERAL HOME OR MORTUARY SERVICE SECTOR. (B) THE COMMITTEE SHALL ACT IN AN ADVISORY CAPACITY TO THE CITY IN MATTERS OF POLICY CONCERNING THE KENAI MUNICIPAL CEMETERY REGARDING THE FOLLOWING MATTERS: (1) PLANNING AND DEVELOPMENT OF THE CEMETERY ADDITION AND ITS INTEGRATION INTO THE EXISTING CEMETERY; (2) PRESERVATION OF THE HISTORY OF THE KENAI MUNICIPAL CEMETERY; (3) PERFORMANCE OF OTHER DUTIES AS THE KENAI CITY COUNCIL OR CITY MANAGER MAY DESIGNATE FROM TIME TO TIME. (C) THE KENAI MUNICIPAL CEMETERY ADVISORY COMMITTEE SHALL SUNSET ON DECEMBER 31, 2010.] Section 3. Amendment to City of Kenai Schedule of Rates, Charges and Fees: That the Kenai Schedule of Rates, Charges and Fees, City Clerk, Cemetery Fees is hereby amended as follows: Cemetery Fees (All Cemetery Fees are Exempt from Sales Tax) [APX — 1 TITLE 24 — CEMETERY REGULATIONS] [SECTION 1: B.] 24.15.020 Standard Plot $1,000.00 [SECTION 1: B.] Veteran Plot $750.00 [SECTION 1: B.] Infant Plot $150.00 [SECTION 1: B.] Cremains $300.00 [SECTION 1: C.] Columbarium Niche $1,000.00 (up to two standard urns) Columbarium Niche - opening and/ closing fee for reasons other than inurnment $100.00 [SECTION 2:C.] Marker/Headstone Deposit $400.00 (applies to Cemetery Plots and Columbarium Niches) Cemetery Gazebo Marker Fees Actual Cost Section 4. Policy Adopted: That the attached Kenai Municipal Cemetery Regulations Policy is hereby adopted. Subsequent amendments to the Kenai Municipal Cemetery Regulations Policy may be approved by a resolution of the City Council in accordance with KMC 24.15.010. Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3293-2022 Page 7 of 7 be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 6. Effective Date: That Section four of this ordinance shall take effect immediately upon enactment; and pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15T" DAY OF JUNE, 2022. ATTEST: Michelle M. Saner, MMC, City Clerk Brian Gabriel Sr., Mayor Introduced: Enacted: Effective: May 18, 2022 June 15, 2022 July 15, 2022 New Text Underlined; [DELETED TEXT BRACKETED] mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: May 10, 2022 SUBJECT: Ordinance No. 3293-2022 — Amending Cemetery Regulations The proposed amendments would delete the cemetery regulations from the appendices of Kenai Municipal Code, and relocate portions those regulations into Title 24 and/or into the regulations policy adopted by the City Council. The identifies prominent changes: Most portions of the Cemetery Regulations within KMC Appendices were relocated to the new Regulation/Policy. The following specific regulations were relocated to KMC Title 24: • Section 1: Plots, paragraph a. — Specifications for plot sizes. • Section 4: General, paragraph a. — Non -liable statement regarding plot size and location. • Section 4: General, paragraph c. — Burials with City Limits. • Various sections of the Regulations referenced the adoption of fees, the proposed amendment would add this to KMC 24.15.020. The following identifies regulations that will be changed in the transition to the new regulations/policy: • Section 2: Interment and Disinterment or Niche Opening and Closing, paragraph a. — The requirement for a State Burial Transit Permit was removed for inurnment, as they are not required for interment of ashes. • Section 3: Maintenance, paragraph b. — Planting of trees, shrubbery, plants and turf have been relocated to the new regulations as prohibited, they were previously permitted with the consent of the Parks and Recreation Director. • Section 3: Maintenance, paragraph c. — Enclosures around a grave has been relocated to the new regulations as prohibited, they were previously permitted when authorized by the Parks and Recreation Director. The following identifies other proposed amendments to KMC Title 24: • KMC 24.20.010 was expanded to further explain that in periods of adverse conditions interment services may be suspended. • KMC 24.30 would be deleted, the Kenai Municipal Cemetery Advisory Committee sunset on December 31, 2010; and should have been deleted at that time. This is a housekeeping deletion. Keno unicip � Cemetery RegWations and Fees Purpose.............................................................................................................................................................I Administrationand General Provisions...............................................................................................................I Hoursof Operation..................................................................................................................................................... 1 Fees............................................................................................................................................................................. 1 Re -sell or re-assign...................................................................................................................................................... 1 Records........................................................................................................................................................................ 1 Intermentand Disinterment...............................................................................................................................I Maintenanceand Landscaping............................................................................................................................I Plantsand Decorations.......................................................................................................................................2 Prohibited.................................................................................................................................................................... 2 Permitted.................................................................................................................................................................... 2 Markerand Headstones.....................................................................................................................................2 MarkerDeposit........................................................................................................................................................... 2 Marker and Headstone Placement............................................................................................................................. 3 ColumbariumMarkers................................................................................................................................................ 3 ColumbariumInscriptions...........................................................................................................................................3 Prohibited.......................................................................................................................................................... 3 Alcoholic...................................................................................................................................................................... 3 MotorizedVehicle....................................................................................................................................................... 3 Motorized -Off Road Vehicles...................................................................................................................................... 3 Non -Motorized transportation................................................................................................................................... 3 FeeSchedule......................................................................................................................................................4 Table of Content Kenai Municipal Cemetery Regulations and Fees 1)t Ilrpse The City of Kenai has ordinances and regulations in place for the administration of the Kenai Municipal Cemetery. These regulations apply to all persons utilizing the Kenai Municipal Cemetery. This document has been prepared as an informational guide and is not inclusive of all ordinances and regulations. Administration and General Provisions The Kenai City Clerk is charged with administration and maintains necessary records required by the State to ensure continuity in the operation of the cemetery. The Parks and Recreation Director enforces all cemetery regulations. d Ilril III Ilr"III III stira ti IIr"III wrlll d G elrlll el4II 1) IIrO III s III Ilrlll s Hers of Operation: The Kenai Municipal Cemetery is open year-round for pedestrian traffic. No person shall enter the Kenai Municipal Cemetery except through the established access routes. Summer/Winter hours when vehicle access is permitted are as follows: 1. Summer Hours — 6:00 a.m. to 10:00 p.m. from May 1st to September 30th 2. Winter Hours —Closed from October 1st to April 30th Fees: All fees shall be asset forth in the City's schedule of fees adopted by the City Council. The purchase of interment spaces, interment services or required deposits shall be made through the City Clerk or a professional service provider licensed by the State of Alaska and authorized by the City. At the time of purchase of an interment space, a designated interment space will be assigned upon receipt payment. Re -sell or re -assign: It is prohibited for the purchaser of an interment space to re -sell or re -assign except to the City. Records: The City Clerk shall maintain all records of interment or disinterment within the Kenai Municipal Cemetery. The record shall include all files, maps and burial records. ifIlrlllteIrIlr ielrlllt wrllld DIIIsIIIIles eir nenrit All interment or disinterment's shall be made in compliance with the laws and regulations of the City of Kenai and State of Alaska. The City Clerk shall be provided with the appropriate State burial -transit permits before interment will be permitted; a burial -transit permit is not required when interring cremains. The burial plots can be used for no other purpose than interment of human remains and cremains plots or columbarium niches can be used for no other purpose but inurnment of human remains. Interment Space Specifications: One (1) casket and up to two (2) cremains may be buried in a standard or infant plot. Up to three (3) cremains may be buried in a standard or infant plot. Only one (1) cremains may be buried in a cremains plot. Up to two cremains may be buried in a standard columbarium niche. (Inner Niche dimensions ??"x ??".) All columbarium niche openings and closings shall be overseen by the City and under the supervision of the Parks and Recreation Director or designee. A niche may be opened only at the request of the niche owner as listed in the cemetery records or as determined by the City Clerk. The initial opening and closing (inurnment) of the niche is included in the original cost of the niche. Additional openings and closings thereafter, for a second interment or for other reasons are charged at a rate pursuant to the City's fee structure. All plot preparations for interments or disinterment's shall be overseen by the City and under the supervision of the Parks and Recreation Director or designee. Opening and closing of graves shall be conducted by a professional licensed by the State of Alaska and authorized by the City to provide interment services within the Kenai Municipal Cemetery. Mai IlrllltelrlllaIlrlllce wrllld Lwnidscapfinigl The City of Kenai shall take reasonable precaution to protect all interment markers within the Kenai Municipal Cemetery from loss or damage but expressly disclaims any responsibility for loss or damage from causes beyond such 1 Page Kenai Municipal Cemetery Regulations and Fees Page 76 reasonable precautions. Damages incurred directly or collaterally and caused by or resulting from thieves, vandals, malicious mischief, natural disaster or unavoidable accidents shall be excluded from the City of Kenai's responsibilities. The City will if able to, clear a path to the interment site when an interment is scheduled during winter months; however, the City reserves the right to suspend interment services due to high snow levels, other severe weather conditions or natural disasters. 1)ICIalr"IIIts ainid Deco IiratIIIOIlr"IIIs • Enclosures such as picket fences or establishing a perimeter around an interment site are prohibited. • Planting of trees, shrubbery, plants or turf within the Kenai Municipal Cemetery is prohibited. • Attaching decorations to trees, shrubs or fences is prohibited. Boxes, shelves, toys and other such articles upon a grave or burial lot shall be permitted only if contained within the plot and maintained monthly (April 1 through September 30). Articles that are not maintained, impede maintenance efforts, or become unsightly will be removed and discarded without prior notice at the discretion of the Parks and Recreation Director or designee. Plastic or silk flowers and artificial decorations are only permitted between May 1 and September 30. Burials occurring between October 1 and April 30 may have decorations displayed but are subject to removal thirty (30) days after burial. All decorations (except those on burials less than thirty (30) days) will be removed during a selected Saturday in the month of May each year during the annual cemetery clean up. A twenty (20) day notice will be posted at the cemetery. Family and friends may either remove their properly placed decorations before Saturday's clean up and replace them later, or request the cemetery not to remove their properly placed decorations by calling or writing the Parks and Recreation Director. A final cleanup of the cemetery will also occur in late September. A professional licensed by the State of Alaska and authorized by the City may provide, place and remove greens, decorations or seating used for an interment service and must provide necessary lowering devices. Plants, flowers, decorations, or articles not otherwise removed by the deadlines or regulations set forth herein, or that have become withered or discolored, will be removed by the Parks and Recreation Director or designee without prior notice. The cemetery is not responsible for damage or liable for the return of such items. No material shall be allowed to remain in the Kenai Municipal Cemetery longer than is reasonably necessary for any construction work. During periods of break-up, no heavy hauling will be permitted. Within one (1) year of interment, graves shall be restored to ground level and re -seeded. alrk,,eIli ainid I,,,,leadstones No more than one (1) marker or headstone per plot shall be allowed. All marker or headstone placement and removals shall be overseen by the City under the supervision of the Parks and Recreation Director or designee. Upright markers or headstones shall only be allowed in specific designated areas, all other areas shall be marked with flat markers or headstones that are flush with the ground and are maintained within the foot print of the plot. The City will attempt to reasonably accommodate any religious practices that make conformance with the below requirements impossible. Marker cast: If at the time of interment, a marker or headstone is not ordered, the City will collect a deposit. Deposit refunds will be issued after proper installation of a marker or headstone. If after eighteen (18) months for a plot and six (6) months for a columbarium niche a permanent marker or headstone has not been installed, the City shall install a marker or headstone utilizing the deposit as payment. 2 Page Kenai Municipal Cemetery Regulations and Fee Page 77 Marker_and_Headstone_Placement: Markers for cemetery plots may be set in a concrete base and installed at the head of the grave, centered and within the assigned plot. The Parks and Recreation Director must be notified prior to any plot preparation, construction, or placement of headstone or marker. lbs: These markers shall follow a standard format, font, and size as determined by the City and shall include the first and last name of the deceased, year of birth, and year of death. Columbarium Inscriptiom: An inscription is required to be inscribed directly onto the granite faceplate. The Kenai City Cemetery requires a specific format for unification of inscriptions that shall be followed according to the purchaser's name designation. Emblems and/or photos will be allowed as space allows. When a suffix is needed (Jr., Sr., IV, etc.) they will be placed after the first name. Two (2) Urns with Same Last Name SMITH H (Ernblleni) (photo) JO FIN ALAN APR_ S, 1954 - PEE_ 10, 2005 (EndDleni) ('photo) KATE Al° N (AN- 55, 19S4 AUG. 5, 2003 One (I)Urn - Single Inscripition (EnLlJlerrl) OC7- 10, 1965 - NOV. 25, 2006 (photo) 1)� irol1hiiiiiIlk; iiited Two (2) Urns with Different Last II'+i'a:mes JOHN Jr.. (Ernhleni) (photo) SMITH SEPT''. 5, 1964 -NOV. 8, 2554 1fA E (Enibl.en1) (photo) WUILUIMS DEC,'. S, 1960 - M. 15, 199,5 Alcoholic beverages or controlled substances are strictiv prohibited within the confines of the cemeterv. Motorized Vehicle: Trucks over one tone, buses, tractors, trailers and over sized vehicles are strictly prohibited from the cemetery unless approved in writhing by the Parks and Recreation Director or designee. Motorized -Off Road Vehicles: motor bikes, three and four wheelers are prohibited in the cemetery. It is unlawful for any person to operate any motorized off -road vehicles within the cemetery. Non -Motorized transportation: Bicvcles, skateboards, roller blades, roller skates or other such riding devices are rohibited within the cemetery. 3 Page Kenai Municipal Cemetery Regulations and Fee Fme e Sim hi edt IIIe StandardPlot..............................................................................................................$ 1,000.00 VeteransPlot..............................................................................................................$ 750.00 InfantPlot...................................................................................................................$ 150.00 CremainsPlot.............................................................................................................$ 300.00 Columbarium Niche...................................................................................................$ 1,000.00 Marker / Headstone Deposit.....................................................................................$ 400.00 Cemetery Gazebo Marker Fees...........................................................................................Actual Cost 4 Page Kenai Municipal Cemetery Regulations and Fee Cemetery Regulations Cemetery I Kenai Municipal Code CEMETERY REGULATIONS Page 1 of 5 * Note to Cemetery Regulations: Pursuant to Title 24 of the Kenai Municipal Code, the following regulations are hereby promulgated to ensure the continuation of the integrity of the Kenai Municipal Cemetery and the protection of the health and welfare of the community. Section 1: Plots a. Plots shall be platted in those areas of the cemetery where interments have not as yet Commented [SS1]: Relocated to KMc 24.20.030 taken place in five-foot (5') by ten -foot (10') plots, two -and -one -half -foot (2-1/2') by five-foot (5') plots for infants, and two feet (2') by two feet (2') by two feet (2') for cremains. The City Clerk shall be in charge and have access to said plats for the purpose of assigning plots upon request, and have charge of burial records, files and maps which shall be stored by the City of Kenai. The City Clerk shall charge a fee for each plot, depending upon the size of the plot (adult or infant or cremains) and the season during which the opening and closing of the grave occurs. All fees shall be as set forth in the City's schedule of fees adopted by the City Council. Payment in full for the plot is required at the time of purchase of the plot. Payment for the opening or closing of the grave is due prior to commencement of work. Commented [SS2]: Relocated to Policy, Administration and General Provisions Section, following paragraphs: Records Fees c. The purchase of a burial plot, cremains plot, or columbarium niche in the Kenai Commented [SS3]: Relocated to Policy, Administration Municipal Cemetery shall be made through the City Clerk's Office. The purchaser will be and General Provisions, Fees paragraph. assigned a plot(s) or niche(s) after having paid the appropriate fee. It is prohibited for the purchaser of said plot(s) or niche(s) to re -sell or re -assign except to the City. All payments for burial plots, cremains plots, or columbarium niches shall be made directly to the City of Kenai. The fees for such purchase shall be established and maintained in the City Clerk's Schedule of Rates, Charges, and Fees. Section 2: Interment and Disinterment or Niche Opening and Closing a. The City Clerk shall be provided with the appropriate State burial and transit permits Commented [SS4]: Relocated to Policy, Interment and before interment or inurnment will be permitted. The burial lots can be used for no other requirement Disinterment or inurnment second paragraph. Permit p p requirement for inurnment removed as it does not apply. purpose than interment and cremains plots or columbarium niches can be used for no other purpose but inurnment. The Kenai Municipal Code is current through Ordinance 3269-2022, passed February 2, 2022. Cemetery Regulations Cemetery I Kenai Municipal Code Page 2 of 5 b. Interment or disinterment shall be made in compliance with all State and City laws and Commented [SSS]: Relocated to Policy, Interment and regulations. Disinterment Section, first paragraph. c. Prior to interment or inurnment a marker or headstone deposit is required. Such Commented [SS6]: Relocated to the Policy, Marker and deposit shall be established and maintained in City's Schedule of Rates, Charges, and Headstone Section, third paragraph. Fees, and must be paid to the City of Kenai. Deposit refunds will be issued after proper installation of marker or headstone. If after eighteen (18) months (plots) and six (6) months (columbarium's) a permanent marker or headstone has not been installed, the City shall install a marker or flat headstone utilizing the deposit as payment. d. Markers and headstones for cemetery plots may be set in a concrete base and installed Commented [SS7]: Relocated to the Policy, Marker and at the head of the grave, centered and inside the plot area. The Parks and Recreation Headstone Section, fourth paragraph. Director must be notified prior to any plot preparation, construction, or placement of headstone or marker. If religious practices make the conformance of this requirement impossible, the old section of the cemetery may be utilized. This decision will be at the discretion of the Parks and Recreation Director or designee. e. All niche openings and closings shall be overseen by the Parks and Recreation Commented [SS8]: Relocated to the Policy, Interment Department. A niche maybe opened only at the request of the niche owner as listed in the and Disinterment Section, fourth paragraph. cemetery records or as determined by the City Clerk. The initial opening and closing (inurnment) of the niche is included in the original cost of the niche. Additional openings and closings thereafter are charged at a rate pursuant to the City's fee structure. Markers for columbarium niches shall follow a standard format, font, and size as determined by the City and shall include the first and last name of the deceased, year of birth, and year of death. Only interment or inurnment of human remains is permitted in the Kenai Munici Cemetery. No more than one (1) grave marker per plot shall be allowed. h. One (1) casket and up to two (2) cremains may be buried in a standard or infant plot. U to three (3) cremains may be buried in a standard or infant plot. Only one (1) cremain may be buried in a cremain plot. Up to two (2) cremains may be inurned in a standard niche. The Kenai Municipal Code is current through Ordinance 3269-2022, passed February 2, 2022. Commented [SS9]: Relocated to the Policy, Interment and Disinterment Section, second paragraph, second sentence. Commented [SS10]: Relocated to Policy, Marker Section, first paragraph. Commented [SS11]: Relocated to Policy, Interment and Disinterment Section, third paragraph. Cemetery Regulations Cemetery I Kenai Municipal Code Page 3 of 5 Section 3: Maintenance a. The City of Kenai shall take reasonable precaution to protect all grave markers within Commented [SS12]: Relocated tothe Policy, the Kenai Municipal Cemetery from loss or damage but expressly disclaims any Maintenance and Landscaping, first paragraph. responsibility for loss or damage from causes beyond such reasonable precautions. Damages incurred directly or collaterally and caused by or resulting from thieves, vandals, malicious mischief, or unavoidable accidents shall be excluded from the City of Kenai's responsibilities. b. Planting of trees, shrubbery, plants or turf within the Kenai Municipal Cemetery shall be Commented [SS13]: CHANGED Relocated to the Policy, with the consent of the Parks and Recreation Director or designated representative. Failure Plants and Decorations, PROHIBITED section. to get prior authorization may result in removal of plant material. The City will maintain the driveway in winter and clear the path to the grave if a funeral is scheduled. The City of Kenai shall provide grass cutting at reasonable intervals, as well as raking, cleaning, grading and landscaping. Suggested height of trees is no more than eight feet (8'). c. Enclosures such as a picket fence or a perimeter shall be permitted around or about any Commented [SS14]: CHANGED — Relocated to the Policy, grave or burial plot only upon expressed authorization of the Parks and Recreation Director Plants and Decorations, PROHIBITED section. or designee. Enclosures placed before authorization is granted are subject to removal. Enclosures not maintained or that create a safety hazard may be removed and discarded without prior notice at the discretion of the Parks and Recreation director or designee. d. Boxes, shelves, toys and other such articles upon a grave or burial lot shall be permitted Commented [SS15]: Relocated to the Policy, Plants and only if contained within the plot and maintained monthly (April 1 through September 30). Decorations, Permitted section. Articles that are not maintained, impede maintenance efforts, or become unsightly will be removed and discarded without prior notice at the discretion of the Parks and Recreation Director or designee. e. Plastic or silk flowers and artificial decorations are only permitted between May 1 and Commented [SS16]: Relocated to the Policy, Plants and September 30. Burials occurring between October 1 and April 30 may have decorations Decorations, Permitted section. displayed but are subject to removal thirty (30) days after burial. f. All decorations (except those on burials less than thirty (30) days) will be removed during Commented [SS17]: Relocated tothe Policy, Plants and a selected Saturday in the month of May each year during the annual cemetery clean up. A Decorations, Permitted section. twenty (20) day notice will be posted at the cemetery. Family and friends may either remove their properly placed decorations before Saturday's clean up and replace them later, or request the cemetery not to remove their properly placed decorations by calling or The Kenai Municipal Code is current through Ordinance 3269-2022, passed February 2, 2022. Cemetery Regulations Cemetery I Kenai Municipal Code Page 4 of 5 writing the Parks and Recreation Director. A final clean up of the cemetery will also occur in late September. Decorations shall not be placed in or attached to trees, shrubs, or fence. Plants, flowers, decorations, or articles not otherwise removed by the deadlines or regulations set forth herein, or have become withered or discolored, will be removed by the Parks and Recreation Director or designee without prior notice. The cemetery is not responsible for damage or liable for the return of such items. Commented [SS18]: Relocated to the Policy, Plants and Decorations, Prohibited section. h. No material shall be allowed to remain in the Kenai Municipal Cemetery longer than is Commented [SS19]: Relocated tothe Policy, Plants and reasonably necessary for any construction work. During periods of break-up, no heavy Decorations, last paragraph hauling will be permitted. Within one (1) year of interment, graves shall be restored to ground level and re -seeded. i. A mortuary conducting a funeral service may provide, place, and remove greens, Commented [SS20]: Relocated to the Policy, Plants and decorations or seating used for a burial and must provide necessary lowering devices. Decorations, Permitted section. Section 4: General a. The City of Kenai shall not be liable for any order received verbally or for any mistake Commented [SS21]: Relocated to KMc 24.20.030 (B) occurring from the want of precise and proper instructions as to the particular space, size or location in a tract where interment is desired. b. No person shall enter the Kenai Municipal Cemetery except through the established Commented [SS22]: Relocated to Policy, Administration access routes. The vehicle gate will be open daily from 6:00 a.m. to 10:00 p.m., from May 1 and General Provisions section, first paragraph. to September 30 (summer months) and will remain locked from October 1 to April 30 (winter months). The cemetery is open year-round for pedestrian traffic. The Kenai Police Department or the Kenai Parks and Recreation Department may be contacted for emergency access during closed hours. c. No burials shall be within the City limits except on homesteads owned by or resided on Commented [SS23]: Relocated to KMc 24.25.010 l by the deceased. Such homesteads must be five (5) acres or larger. Private cemeteries within the City limits on the date of passage of Ordinance 1108 may continue in use but are limited to their platted size. A burial permit is still required to be submitted to the City Clerk if the burial is to be on a homestead or private cemetery within the City limits. The Kenai Municipal Code is current through Ordinance 3269-2022, passed February 2, 2022. Cemetery Regulations Cemetery I Kenai Municipal Code Page 5 of 5 d,. Bicycles, skateboards, roller blades, roller skates, motor bikes, three (3) or four (4 wheelers are not allowed on the cemetery grounds. e. No child under the age of twelve (12), unaccompanied by a guardian or parent or other adult, shall be allowed on the cemetery grounds. f. Food, beer or other intoxicating liquors are strictly prohibited within the confines of the cemetery. The Kenai Municipal Code is current through Ordinance 3269-2022, passed February 2, 2022. Commented [SS24]: d, a and f were added to the policy, in the prohibited section. More detail has been added. mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Teea Winger, City Council Member DATE: June 8, 2022 SUBJECT: Ordinance 3293-2022 Requested Amendment The purpose of this memo is to request the following amendment to the Kenai Municipal Cemetery Regulations as attached to Ordinance 3293-2022. Proposed Amendment No. 1: Motion Amend the Kenai Municipal Cemetery Regulations as attached to Ordinance 3293-2022 and referenced for adoption in Section 4 of the ordinance, to amend Prohibited section of the policy to include fires or flames as prohibited: Fire/Flame: Open flames or fires of any type are prohibited within the confines of the Cemetery. This includes candles, memorial lanterns, barbegues or any other type of flame or fire. Proposed Amendment No. 2: Motion Amend the Kenai Municipal Cemetery Regulations as attached to Ordinance 3293-2022 and referenced for adoption Section 4 of the ordinance, to allow picket fences or perimeter around an interment site by deleting the following from the Plants and Decorations, Prohibited section of the regulations: [ENCLOSURES SUCH AS PICKET FENCES OR ESTABLISHING A PERIMETER AROUND AN INTERMENT SITE ARE PROHIBITED.] Proposed Amendment No. 3: Motion Amend the Kenai Municipal Cemetery Regulations as attached to Ordinance 3293-2022 and referenced for adoption Section 4 of the ordinance, to remove the time limitations for when plastic, silk or artificial flowers are permitted in the cemetery, by amending the second paragraph of the Plants and Decorations, Permitted section of the regulations as follows: Plastic or silk flowers and artificial decorations are permitted [BETWEEN MAY 1 AND SEPTEMBER 30. BURIALS OCCURRING BETWEEN OCTOBER 1 AND APRIL 30 MAY HAVE DECORATIONS DISPLAYED BUT ARE SUBJECT TO REMOVAL THIRTY (30) DAYS AFTER BURIAL.] Thank you for your consideration. mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: City Clerk Saner and Parks and Recreation Director Walker DATE: June 8, 2022 SUBJECT: Ordinance 3293-2022 — Staff Recommendation and Requested Amendment Kenai Municipal Code 24.15.010 establishes that the City Clerk with the assistance of the Parks and Recreation Commission and Director establish regulations for the cemetery to be submitted to the City Council for approval. The Parks and Recreation Commission held a Work Session on April 7, 2022 to discuss the Kenai Municipal Cemetery Policy Review and provide direction toward drafting updates to the policy, they met again May 5, 2022 and recommended Council approval of the updated Kenai Municipal Cemetery Regulations Draft. Since the Parks and Recreation Commission recommendations the following items have been identified for potential amendments. 1. Staff supports including the prohibition of fire or flames within the cemetery. 2. Staff does not support allowing enclosure such as picket fences or parameters around an interment site. The basis for this opinion is related to the recommendation of the Parks and Recreation Commission and not only the costs associated with maintaining those interment sites with fencing, but it also relates to the overall appearance and condition of the cemetery for all users. 3. Staff supports allowing plastic or silk flowers and artificial decorations year-round. Proposed Amendment: Motion Amend the Kenai Municipal Cemetery Regulations as attached to Ordinance 3293-2022 and referenced for adoption in Section 4 of the ordinance, to include headstone material requirements within the Marker and Headstone Section: Markers shall be constructed of materials that will not decay, rot or decompose. Examples are hard stone, concrete or hard metals. Sponsored by: City Clerk CITY OF KENAI RESOLUTION NO. 2022-37 A RESOLUTION REMOVING THE MORATORIUM ON THE PURCHASE OF STANDARD CEMETERY PLOTS FOR THE SOLE PURPOSE OF RESERVING A CEMETERY PLOT NOT BEING USED FOR IMMEDIATE INTERNMENT. WHEREAS, the Council on March 15, 2017 adopted Resolution No. 2017-14 which established a moratorium on the purchase of standard plots for the sole purpose of reservation; and, WHEREAS, the moratorium was established due to there no longer being any additional space within the cemetery to create and map out additional standard plots; and, WHEREAS, there are now sixty-four new plots available in the cemetery expansion area to the west of the original cemetery; and, WHEREAS, the new expansion area has additional space for future expansions, and the moratorium is no longer needed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council hereby removes the moratorium created by Resolution No. 2017-14 on the purchases of standard plots for the sole purpose of a reservation. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15T" DAY OF JUNE, 2022. Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] MINNEW mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, Ali 99611.7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: June 1, 2022 SUBJECT: Resolution No. 2022-37 — Lifting the Cemetery Moratorium The moratorium was placed in March of 2017 due to there no longer being enough space to create new standard plots. A new section of the cemetery was recently created to the west and there are now sixty-four (64) standard plots available as well as space to expand when necessary. With the recent expansion the moratorium is no longer needed. Your consideration is appreciated. Sponsored by: City Clerk Ike ei�y a/ CITY OF KENAI KEW ALASKA \Y' RESOLUTION NO. 2017-14 R11 11 S 111 "No, I ov I i" 10ZVMV 11031 Milk [oil a 1.3 0) 1 9 I I -UT I U11 19 1 V VA -'4 WHEREAS, the Kenai Cemetery located at 840 First Avenue, Kenai, is currently the only cemetery in Kenai; and, WHEREAS, in recent years the City has had enough space in the cemetery to create and map out additional standard cemetery plots as needed; and, WHEREAS, the City currently has no additional space in the cemetery to create and map out additional standard cemetery plots and has an extremely limited number of standard plots left to sell until the new cemetery is created, which may take up to three years; and, WHEREAS, at its March 2, 2017 meeting, the Parks &, Recreation Commission unanimously adopted Resolution PRC2017-01 recommending the Council establish a moratorium on the purchase of standard cemetery plots for the sole purpose of a reservation and that standard cemetery plots shall be purchased for internment only; and WHEREAS, the City acknowledges that there may be certain circumstances creating an exception, whereby a reservation may be made for an immediate family member of the deceased. NOW, THEREFORE, BE IT RESOLVED BY TAE COUNCIL OF THE CITT OF KENAI, ALASKA: S'ectPion A. That City Council hereby establish a moratorium on the purchase of standard plots for the sole purpose of a reservation and that standard plots shall be purchased for internment only until such time as additional space is available; and that an exception may be granted for an immediate family member of the deceased to reserve a standard cemetery plot. SectionZ. That pursuant to KMC 1.15.070(f), this resolution shall take effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15 day of March, 2017. Resolution No, 2017-14 Page 2 of 2 BRIAN GABRIEL SR., MAYOR New Text Underlined; [DELETEDTEXT BRACKETED] 0 rn a> m m a c w m w o 0 ai cri 0 r LO z OR Un N O O W cM N Q , 00 � qt W H l0 M U Z Lo 0M z O ti 1- M M F Q � CD z co O Q � H 06 Z � W_ O J Q J U Q H W Q J Q' W z Q W 0 D D N N O O O a W Q Q Q m M o > > Q 0 0 z O H Q v CL_ }} }} J W U U V n z a w n n O O _U Z > O Z Z o n. Of a W W W C� C� W N U (A U U Q Q Z IN CO w LU = LU N C a W o>> ci W O z J Q p � � c O O 1— z Z U W H z �- } O W W C7 Z LL LLL H J Q W LL LL z W z m Q Q --, z o U) W O >W 0 m z W co z a a v > a Oz w z> a a_ F- o 0 0 a o rn F- o m Z O O c) F- a 0 Z o D at N a W O U Q O z o z O O Q Q cn F- r C� J F- F- W 0 F- Q Z) � O rn CL Cl) CM CI CL IL a J U F- z Z p ui O CL U p p w F- w = W W � LIJ V o O w 0 I� FJ F- w0 w Cn- ow Q O C! CA N (L o SV C5 J d q G LLL Of G to w to T-- UJ Q 6s Z v LLI z p' O 6: O n' U z z U W Z w c~rn F- F- P W' J Q UJ LL w W 2 z 0, = U Q Q W W Z F- C? Z QU City of Kenai 1210 Fidal o Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Randi Broyles, Assistant to City Manager DATE: June 15, 2022 SUBJECT: FY2022 Purchase Order Exceeding $15,000 — FutureSYNC International Administration has been examining leadership development programs for the leaders at the City of Kenai with the goal of incorporating methodologies that will embed practices and beliefs to create alignment among leaders and staff. FutureSYNC International developed a program that will be specialized for the City of Kenai team. Leadership topics include relationship management, collaborative coaching, leading change, advanced critical thinking, accountability, effective communication and much more. The purchase order in the amount of $30,000 will cover both a hybrid of in -person and online learning sessions. Due to a lack of available trainings and travel in FY22, remaining FY22 departmental transportation funds will be used for this training program. Your consideration is appreciated. Page 93 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin DATE: June 9, 2022 SUBJECT: Purchase Order — Street Light Repairs The purpose of this memo is to request Council's approval to increase Purchase Order 123399 to Kachemack Electric for Street Lighting Repairs and Utility Locates from $28,000 to $32,900. There has been a substantial number of utility locate requests come into the department this spring, with multiple construction projects ongoing throughout the City. This increase will allow locates to continue to be completed through June 301n Funding for the increase will be through a budget transfer from 001-434-4538 Buildings Repair & Maintenance in the amount of $4,900 to 001-435-4538 Street Lights Repair & Maintenance. Council's approval is respectfully requested. v 0 m a c+M N O N a W _I Q Cl) LL N N O N T w z ii O z F- w w J tU z M O 0 H z D O a F- z O U Q a w 0 z O H a U w 0 w O 0 z w rn o 0 Cl) O O 00 00 0 00 O 00 CM 00 CO Co N N � I- fA fA z W W LL1 U U d � > W W O N U) W J J O O w w 2 CL a ry w W U (D w Q z w z ¢ M I-L 5 w O H J_ m LL w a O Z O 2 LO T Y ¢ d w LL J J ¢ U w w Y F- N U) W U_ W U) z F- LU Y ry Cl) N } LL F- z 0 a- C� z_ z 0 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: June 7, 2022 SUBJECT: FY2023 Purchase Order exceeding $15,000 to Stryker The purpose of this memo is to request approval for the purchase order exceeding $15,000 to Stryker Medical for the purchase of an advanced cardiac monitor (Lifepak 15). This purchase order is in the amount of $28,148.39 to purchase a Lifepak 15V1/V2, case, KORE data plan and 4G Modem for this device. Stryker is the only provider of this equipment and we currently have multiple life-saving units in service with maintenance contracts in place. Standardization of this equipment is critically important to provide advanced life support for patients. We respectfully request your support for this purchase. Page 96 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: June 6, 2022 SUBJECT: FY2023 Purchase order exceeding $15,000 to Caselle, Inc. The purpose of this memo is to request approval for a purchase order exceeding $15,000 to Caselle, Inc. for FY2023. Caselle, Inc. is the City's financial software provider. This purchase order in the amount of $28,888 is for annual maintenance, support, and licensing of the software. Caselle, Inc. is the only provider for this service. The Caselle software package meets the needs of the City and these services are critical to the effective and efficient operations of the financial accounting system. Your support is respectfully requested. mmmmmmmmmmmmmmmm City of Kenai 1210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Randi Broyles, Assistant to City Manager DATE: June 15, 2022 SUBJECT: FY2023 Purchase Order Exceeding $15,000 — Divining Point, LLC Resolution 2019-46 authorized a term agreement with Divining Point, LLC beginning July 1, 2019 with the option to extend for two successive one-year terms by mutual consent of the parties and with each project negotiated separately with Divining Point within budgeted amounts. This purchase order in the amount of $70,300 was authorized by the FY23 Budget for marketing services, and will cover marketing services for July 1, 2022 through June 30, 2023 within the amount budgeted, including video and photo production, I Love Kenai website maintenance and upgrades, Best Place to Alaska campaign advertising, City of Kenai event promotions, direct to business marketing, and travel. Account information below: 001-413-4531 Divining Point, LLC $70,300 Your consideration is appreciated. mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Meghan Thibodeau, Deputy City Clerk DATE: June 2, 2022 SUBJECT: Liquor License Renewal The following establishments submitted an application to the Alcohol and Marijuana Control Office for renewal of their liquor licenses: • Los Compadres Mexican Restaurant LLC D/B/A Los Compadres Mexican Restaurant Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they have satisfied all obligations to the City. With the approval of Council, letters of non -objection to the liquor license renewals will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. Action History (UTC-08:00) Pacific Time (US & Canada) Subrnit by Shellie Saner 5/6/2022 9:28:28 AM (Form Submission) Approve by ,Jeremy Hamilton 5/9/2022 9:47:34 AM (Fire Marshall Review) 11 he tl,-Aslk was assigned toJeirenny 11 annihoin 11 he due date a&a IMay 17, 2022 500 Ill"Im 51612022 92&23 AII\A Approve by Scott Curtin 5/6/2022 10:30:46 AM (Building Official Review) Ite due date ii&IMay 17, 20225:00 Ill"IM 5161202292830AIM Approve by Dave Ross 5/6/2022 10:12:05 AM (Police Department Review) . 11 he tl,Aslk was assigned to II paave 11::aoss If he due date ii&IMay 17, 2022 5:00 ll::::III\A 51612022 92830 AII\A Approve by Fina Williamson 5/6/2022 10:22:23 AM (Finance Asst Review) . 11 he tl,-Aslk was assigned to 11 iiina Whill arns)irii 11 he due date a&a IMay 17, 2022 500 Ill"IM 51612022 92830 AII\A Approve by Cindy Herr 5/9/2022 9:47:57 AM (Legal Asst Review) P No monies owed in traffic fines or restitution. . 11 he tl,-Aslk was assigned to Cindy 11Ilea-fir 11 he due date ii&IMay 17, 2022 5:00 Ill"IM 51612022 92831 AII\A Approve by Ryan Foster 6/1/2022 11:21:53 AM (Lands Review) . 11 he tl,Aslk was assigned to 11l�yairii 11osteir 11 he due date ii&IMay 17, 2022 5:00 ll::::III\A 51612022 92831 AII\A Approve by Ferry Eubank 6/1/2022 1:22:45 PM (Finance Review) . 11 he �,-Aslk was assigned to bi-iry Illulbairilk 11 he due date &� Juirie 10, 2022 500 ll::::III\A 61112022 11 2154 AII\A Approve by Scott Bloom 6/1/2022 2:19:10 PM (Legal Review) . 11 he tl,-Aslk was assigned to ScAl11:311kxnn 11 he due date ii&Juirie 10, 2022 5��00 ll::::III\A 61112022 11 21:54 AII\A Approve by Ryan Foster 6/1/2022 11:22:29 AM (P&Z Department Review) . 11 he tl,-Aslk was assigned to 11::l�yairii 11osteir 11 he due date ii&a Juirie 10, 2022 5��00 11::1110 61112022 11 21:54 AII\A AMCO License Appfication F;MMOTM 11 "IMMITC 11TOTF, TIMOV, License Type Restaurant Eating Place Doing Business As Premises Address 10672 Kenai Spur Hwy., Ste 108 I= filTOMM, TIT "I File Upload 2022 Los Compadres Renewal Application.pdf Contact Email los(,,c)mpa(iresresaurantlC)@gmail.(,om Email Laura.jmjtax@gmail.c,om BE= Page101 111`1)1"' S 1<All E Department of Commerce, Community, c and Economic Development ALASKAALCOHOL&. MARIJUANA CONTROL OFFICE er' Avenue, Suite 1600 550 West T a�' )%, I °."'� i �'A H< V Y� �I ! q',� ' ri�, Anchorage, AK 99501 Main: 907.269.0350 May 5, 2022 Via Email: cityclerk@kenai.city; cityclerk@kenai.city; JBlankenship@kbp.us; assemblyclerk@kpb.us; slopez@kpb.us; ncarver@kpb.us; MAldridge@kpb.us; Cjackinsky@kpb.us; JVanHoose@kpb.us; MJenkins@kpb.us Re: Notice of 2022/2023 Liquor License Renewal Application License Type: Licensee: Restaurant Eating Place 5859 Los Compadres Mexican Restaurant LLC Doing Business As: Los Compadres Mexican Restaurant We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Acting Director Alcohol and Marijuana Control Office (AMCO) Page102 STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL XXXX, LIQUOR LICENSE 5859 ISSUED 2022-2023 LICENSE RENEWAL APPLICATION DUE 5/05/2022 DECEMBER 31, 2023 (AS O4.11.270(b)) m. AB A 3 � , .m THIS LICENSE EXPIRES MIDNIGHT FEBRUARY 28, 2024 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/Eatinr LICENSE FEE: $600.00 1130 D/B/A: Los Compadres Mexican RL 10672 Kenai Spur Highway Mail Address: Los Compadres Mexican Restaurant LLC P.O. Box 875 Soldotna, AK 99669 04-900 (REV 7/21) CITY / BOROUGH: Kenai Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board [ ] Special restriction - see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD DIRECTOR THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL XXXX LIQUOR LICENSE 5859 ISSUE LICENSE RENEWAL APPLICATION DUE 5/05/2022 DECEMBER 31, 2023 (AS O4.11.270(b)) " A ', THIS LICENSE EXPIRES MIDNIGHT FEBRUARY 28, 2024 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/Eatin( LICENSE FEE: $600.00 CITY / BOROUGH: Kenai Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board D/B/A: [ ] Special restriction - see reverse side Los Compadres Mexican Restaurant ISSUED BY ORDER OF THE 10672 Kenai Spur Highway ALCOHOLIC BEVERAGE CONTROL BOARD Mailing Address: Los Compadres Mexican Restaurant LLC OPY P.O. Box 875 DIRECTOR Soldotna, AK 99669 THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES 04-900 (REV 7/21) 41 ok Alaska Alcoholic Beverage Control Board Alcohol and Marijuana 550 Page103 Anchorage, AK 99501 akf,fl-cr0.lur,¢ r ud'�C¢gyall:asV Tern htt��^s,:/%�r�nrana.a'ardaorrpc rcu.ra@uy Phone: 907.269.0350 •rm AB-17: 2022/2023 GeneralRenewal Application • This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than 12/31/2021 per AS O4.11.270, 3 AAC 304.160, with all required fees paid in full, or a non-refundable $500.00late fee applies. • Any complete application for renewal or any fees for renewal that have not been postmarked by 02/28/2022 will be expired per AS 04.11.540,3 AAC 304.160(e). • All fields of this application must be deemed complete by AMCO staff and must be accompanied by the required fees and all documents required, or the application will be returned without being processed, per AS O4.11.270, 3 AAC 304.105 • Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees in anyway that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Licensee (Owner): �� ` , License #: License Type: R S­Vuva� n Doing Business As: - amoct b-'�- C am Premises Address: k Local Governing Body: � Cl `�� Community Council: If your mailing address has changed, write the NEW address below: Mailing Address: 1 City: State: _T ZIP: Section I - Licensee Contactr a i n Contact Licensee: The individual listed below must be listed in Section 2 or 3 as an Official/Owner/Shareholder of your entity and must be listed on CBPL with the same name and title. This person will be the designated point of contact regarding this license, unless the Optional contact is completed. Contact Licensee: I Ri nconl T Contact Phone: Q Contact Email: 1 �� a . C �J Optional: If you wish for AMCO staff to communicate with anyone other than the Contact Licensee about your license, list them below: Name of Contact: `f f C j r Contact Phone: Contact Email: 1L, r/4 * r � °� . c w C—c'fYM 4 Name of Contact: __ C ".P �° ' , Contact Phone: Contact Email: 4-- Name of Contact: Contact Phone: Contact Email: [Form A13-17] (rev09/21/2021) r<vtPage 1 of 4 AN I `aaa�. *° Alaska Alcoholic Beverage Control Board For B-17: 202 /20 3 License Renewal Application Section 2 - Entity or Community Mmership;Information Sole Proprietors shouid skip this section. Use the link from Corporations, Business and Professional Licensing (COAL) below to assist you in frnding the Entity #. Alaska CBPL Entity #: READ BEFOREPROCEEDING: Any new or changes to Shareholders (10% or more), Managers, Corporate Officers, Board of Directors, Partners, Controlling Interest or Ownership of the business license must be reported to the ABC Board within 10 tsars of the change and must be accompanied by a full set of fingerprints on FBi-approved card stock, A"Ba`s, payment of $48.25 for each new officer with a date -stamped copy of the CBPL change per AS'04.11.045, 50 & S5, or a Notice of Violation will be issued to your establishment and your application will be returned. The only exception to this is a Corporation who can meet the requirements set forth in AS O4.11.0SO(c). s r o 4 a e s r e tel Corporations of ynytype Including non-pro}1t must list ONLY thefoliowing: o All shareholders who own 10% or more stock in the corporation o Each President, Vice -President, Secretary, and Managing Officer regardless of percentage owned Limited Uablllty Corporations, of any type must list ONLY the following: o All Members with an ownership interest of 10% or more o All Managers (of the LLC, not the DBA) regardless of percentageowned Partnerships of any type, including Limited Partnerships must list ONLY the following: o Each Partner with an Interest of 10%ormore o All General Partners regardless of percentage owned Important Note: All entries below must match our records, or your application will be returned per AS 04.11.270, 3 AAC 304.105. You must list full legal names, all required titles, phone number, percentage of shares owned (if applicable) and a full mailing address for each official of your entity whose Information we require. ff more spatce Is needed: attach additional completed coos of this Page. Additional information not on this pare will be selected. a Name of Official: Mario Rincon Tltie(s): Member Phone: 907-252-4828 �25 Mailing Address: PO Box 875 ctyc FAK 199669na a Name of Official: Beidima Rincon 79tle(s): Member Phone: 907-252-4828� : 25 Mailing Address: P® Box 875 air. Soidotna state: JAK ZIP. ' 199669 Name of Official: Bianca Rincon ,ntie(s): Member Phone: 907-252-4824 : 125 Mailing Address: Pp Box 875 City: ISoldotna State: AK ziP: 99669 [Form AB-171(rev09/21/2021) Page 2 of4 Page104 Ael Alaska Alcoholic Beverage Control Board Form -17: 0 2/2023 License Renewal Application Section 2 - Entity or Community Ownership Info on Sole Proprietors should skip this Section. Use the link from Corporations, Business and Professional Licensing (CBPL) below to assist you in finding the Entity #. htWlwww commerce alaska aoyfthylmaWsearch/entlties Alaska CBPL Entity #: READ BEFORE PROCEEDING: Any new or changes to Shareholders (10% or more), Managers, Corporate Officers, Board of w Directors, Partners, Controlling interest or Ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by full set of fingerprints on FBI -approved card stock, AB-08a's, payment of $48.25 for each newofficer with a date -stamped copy of the CBPL change per AS 04.11.045, 50 & 55, or a Notice of Violation will be issued to your establishment and your application will be returned. The_onht exception to this is a Corporation who can meet the requirements set forth in AS O4.11.050(c). a • • _jjt '• • • • . f Corporations of anytype Including non pm It must list ONLYthefollowing: o All shareholders who own 10% or more stock in the corporation o Each President, Vice -President, Secretary, and Managing Officer regardless of percentage owned limited Liability Corporations, of any type must list ONLY the following: o All Members with an ownership interest of 10% or more o All Managers (of the LLC, not the DBA) regardless of percentageowned Partnerships of any type, Including Limited Partnerships must list ONLY the following: o Each Partner with an Interest of 1D% or more o All General Partners regardless of percentage owned Important Note: All entries below must match our records, or your application will be returned per AS O4.11.270, 3 AAC 304.105. You must list full legal names, all required titles, phone number, percentage of shares owned (if applicable) and a full mailing address for each official of your entity whose Information we require. If more space is needed: attach additional completed copies of this oneo. Additinnal 1nfnren—,Ann n , r *4„ --Alt ..aet a.. Page105 Name of ofilclak n Abel Caivillo Title(): Member Phone: 907-252-4828 % : 25 Mailing Address: P® Box 875 City: Soldotna state: JAK ZkP: 99669 Name of Official: 11de(s): -7 Phone: 96 Owned: (Nailing Address: .City. State: ZIP: Name of Official: Title(s): Phone: % owned: Malling Address: City: state: ZIP: --� [Form A13-171(rev09/21/2021) Page 2 of4 Alaska Alcoholic Beverage Control Board Form A6-17: 2022/2023 License Renewal Application EEI ....tuhm1inIIV IIV..lul ._,.�1u 1m0 skip _j!flssectlor 11EA11t 111V;:1ORE PRCK DIE D1ING: Any new or changes to the ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by a full set of fingerprints on FBI approved cardstock, AB-08a's, payment of $48.25 for each new owner or officer and a date stamped copy of the CBPL change per AS O4.11.045, or a Notice of Violation will be issued to your establishment and your application will be returned. Important Note: Afl einti6es IbelllOW iuVWUStMat& OLU irecords, or your appkatkxi Mill be returned per AS 04,11.270, 3 AAC 304.105. You must list full legal names, phone number, and mailing address for each owner or partner whose information we require. If mores ace is needed, attach additional copies of this page. Additional owners not listed on this page will be rejected. This individual is an: Applicant Affiliate Name: Contact Phone: Mailing Address: City: State: ZIP: Email: This individual is an:I (Applicant I (Affiliate Name: Contact Phone: Mailing Address: City: State: ZIP: Email: 1`1':eck 11901II A11A e�::° fA11°1(A11 NEAR YEAR that best describes how this liquor license was operated: 1. The license was regularly operated continuously throughout each year. (Year-round) 2020 2021 2. The license was only operated during a specific season each year. (Seasonal) If your operation dates have changed, list them below: ❑ to 3. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. A complete AB-30: Proof of Minimum Operation Checklist, and all documentation must be provided with this form. ❑ ❑ 4. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year, during one or both calendaryears. A complete Form AB-29: Waiver of 0peration Application ❑ ❑ and corresponding fees must be submitted with this application for each calendar year during which the license was not operated. If you have not met the minimum number of hours of operation in 2020 and/or 2021. you are not required to oav the fees. however a complete AB-29 is required with Secti;km 2 mrauk d Yes No Have ANY Notices of Violation been issued for this license OR has ANY person or entity in this application been ❑ convicted of a violation of Title 04, 3AAC 304 or a local ordinance adopted under AS O4.21.010 in 2020 or 2021? 111 4 , ypu MUST attach A listices 0 ;1�a:ut1�1u1:11.111i r:1 f 111l0a1. fi1�1u ..lulku° 1P , 11..,�� 71s� If you are unsure if you have received any Notices of Violation, contact the office before submitting this form. [Form AB-17] (rev09/21/2021) a �,�y Page 3 of4 Alaska Alcoholic Beverage Control Board Page �07 M, Form AB-17: 2022/2023 License Renewal Application Section 6 -Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, are true, correct, and complete. • 1 agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and potentially expired if I do not comply with statutory or regulatory requirements. • 1 certify that all current licensees (as defined in AS O4.11.260) and affiliates have been listed on this application, and that in accordance with AS O4.11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. • 1 certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and stakeholders are current and accurately listed, and I have provided AMCO with all required changes of Shareholders (10%or more), Managers, Corporate Officers/Board of Directors, Partners, Controlling Interest or Ownership of the business license, and have provided all required documents for any new or changes in officers. • 1 certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in AS O4.21.025 and 3 AAC 304.465. ® 1 certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name from what is currently approved and on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. Signature of ^li �.. rinted name of licensee Subscribed Signature of Notary Public blic ublic in and for the State of: f �'`." �-° My commission expires:.°`i methis 20 . day of Restaurant/Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed Recreational Site Statement Tourism applications must include a completed Tourism Statement Wholesale applications must include a completed AB-25: Supplier Certification Common Carrier applications must include a current safety inspection certificate II renewal and supplemental forms are available online Any application that is not complete or does not include ALL required completed forms and fees will not be processed and will be returned per AS O4.11.270, 3 AAC 304.105. License Fee: $ &00 1 Application Fee: $ 300.00 Misc. Fee: $ S ®D Total Fees Due: $ J L4QQ X [Form A13-17] (rev09/21/2021) N Page 4 of EN'T"ITY DETAILS Name(s) Type Legal Narne Pl'eViOUS Legal Name Name Los Compadres Mexican RestaUrant LLC Los Compandres Mexican Restaurant LLC Entity"rype: Limited Liability Company Entity #: 10109831 Status. Good Standing AK Formed Date: 7/18/2019 Duration/Expiraflow Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2023 Entity Maiiing Address: PO BOX 875, SOLDOTNA, AK 99669 Entity Physca9 Address: 10672 KENAI SPUR HWY, STE 108, KENAI, AK 99611 Registered Agent Agent Namw Mario Rincon Registered Mailing Address: PO BOX 875, SOLDOTNA, AK 99669 Registered Physical Address: 167 GREEN VALLEY ST, SOLDOTNA, AK 99669 Officials OShow Former AK Entity # Narrm 'rities Owned Beldirna Rincon Member 33.30 Blanca Rincon Member 33,30 Mario Rincon Member 3140 Filed Documents Date� Filed Type Filing Certificate 7/18/2019 Creation Filing Cfick to View Chck to View 7/18/2019 Initial Report C ACk tO VkAN 9/30/2019 Arnendinent Cfick to View Cfick to View 4/07/2021 Biennial Report Cic'k to Vkwv 10/2712021 Certificate of Compliance cfic'k to Mew 3/29/2022 Change of Officials Chck to V�evv ji LICENSE I )ETAILS License #: 2090151 BUS4W",S li ocense Business Naime: Los Compadres Mexican Restaurant LLC Status. Active ISSUe Date'. 07/18/2019 Expiration Date: 12/31/2023 Mailing Address: PO Box 875 Soldotna, AK 99669 Physical AddressW 10672 Kenai Spur Hwy Ste 108 Kenai, AK 99611 Los Compandres Mexican Restaurant LLC Line Of Business NAIlCS Professional License # 72 - Accommodation and Food Services 722110 - FULL -SERVICE RESTAURANTS Endorsements No Endorsements Found License Lapse(s) If this business license lapsed within the last four years the lapsed periods will appear below. Lapsed periods are the unlicensed period between an expiration date and renewal date. Start Date End Date 1/1/2020 6/17/2020 Close License Detail Print Friendly Version lohni Blankenship, MMC Borough Clerk 5/6/2022 Sent via email: cityclerk@kenai.city Kenai City Hall City of Kenai RE: Non -Objection of Application Licensee/Applicant Los Compadres Mexican Restaurant, LLC Business Name Los Compadres Mexican Restaurant, LLC License Type Restaurant/Eating Places License Location 10672 Kenai Spur Highway, Suite 108, Kenai, AK 99611, City of Kenai License No. 5859 Application Type License Renewal Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/JS Encl. cc: loscompadresrestaurant 19@gmail.com; Page111 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: June 9, 2022 SUBJECT: Kenai Municipal Airport Special Use Permit(s) Annually, the Kenai Municipal Airport (ENA) issues reoccurring Special Use Permits (SDP's) for the use of airport apron and terminal space. The following SDP's have been requested and application fees paid. • Empire Airlines, Inc. — 11,250 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Everts Air Fuel, LLC — 30,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Crowley Fuels, LLC — 35,000 square feet of airport apron space used for aircraft fueling services. Effective July 1, 2022 through June 30, 2023. • United Postal Service Co., — 4,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Kenai Aviation Operations, LLC — 2,714 square feet of airport taxilane space used for aircraft parking. Effective May 1, 2022 through October 31, 2022. • Alaska Air Fuel, Inc. — 15,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Alaska Geographic — 10 square feet of terminal space for vending machine. Effective July 1, 2022 through June 30, 2023. Your consideration is appreciated. Page112 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to EMPIRE AIRLINES, INC. (Permittee), whose address is 11559 N. Atlas Road, Hayden, ID 83835, a Special Use Permit for the purpose of aircraft parking at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 11,250 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for I year commencing on July 1, 2022 and ending on June 30, 2023. Regardless of the date of signature, this Permit shall be effective as of July 1, 2022. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $1,190.63 plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of one hundred dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. 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, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of ten percent (10%) per annum, and penalty of ten percent (10%) shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) Special Use Permit —Empire Airlines, Inc. (Parking) Page 1 of 8 Page113 4. Use. City authorizes Permittee's non-exclusive use of the Premises for the following purpose(s): Aircraft Parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re -assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee's use only and may not be transferred or assigned. 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: 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. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport 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 equipment 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. Special Use Permit —Empire Airlines, Inc. (Parking) Page 2 of 8 8 Page114 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time 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. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government -operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. 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 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: 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 Special Use Permit —Empire Airlines, Inc. (Parking) Page 3 of 8 9 Page115 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 thirty (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 July 1, 2022. The effective date of the insurance shall be no later than July 1, 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 of insurance coverage that meets the requirements of the City. 10. 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. 11. 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. Special Use Permit —Empire Airlines, Inc. (Parking) Page 4 of 8 Ilf Page116 12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the discharge of petroleum products or hazardous materials due to Permittee's use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee's fuel dispensing equipment at all times. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above -ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft -parking ramp, inside an aircraft hangar, or within fifty feet (50') of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to Special Use Permit —Empire Airlines, Inc. (Parking) Page 5 of 8 is Page117 the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 14. 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 service provided at the Airport. 15. Licenses and Permits. 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. 16. 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. 17. 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. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. 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. 20. 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. 21. 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 Special Use Permit —Empire Airlines, Inc. (Parking) Page 6 of 8 im Page118 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 $25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 22. Termination; Default. This Permit may be terminated by either party hereto by giving thirty (30) days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than thirty (30) days, to protect public health and safety or due to a failure of Permittee to comply with condition or term 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. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Permittee shall make payment within thirty (30) days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take -off weight reports within ten (10) days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within ninety (90) days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three (3) consecutive weeks not more than thirty (30) days nor less than seven (7) days before the time of the auction. 25. Definitions. As used in this Permit, "Permittee" means Empire Airlines, Inc. and where the context reasonably indicates, its officers, agents, and employees. "Airport" means the Kenai Municipal Airport. Special Use Permit —Empire Airlines, Inc. (Parking) Page 7 of 8 13 Page119 CITY OF KENAI EMPIRE AIRLINES, INC. By: By: Paul Ostrander Date Randy Lanfell Date City Manager Director of Flight Operations 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, an Alaska municipal corporation, 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 RANDY LANFELL, Director of Flight Operations, Empire Airlines, Inc., on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: Approved as to Form: Scott Bloom City Attorney Special Use Permit —Empire Airlines, Inc. (Parking) 1 � 14 15 EXHISITA Page121 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: June 9, 2022 SUBJECT: Kenai Municipal Airport Special Use Permit(s) Annually, the Kenai Municipal Airport (ENA) issues reoccurring Special Use Permits (SDP's) for the use of airport apron and terminal space. The following SDP's have been requested and application fees paid. • Empire Airlines, Inc. — 11,250 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Everts Air Fuel, LLC — 30,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Crowley Fuels, LLC — 35,000 square feet of airport apron space used for aircraft fueling services. Effective July 1, 2022 through June 30, 2023. • United Postal Service Co., — 4,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Kenai Aviation Operations, LLC — 2,714 square feet of airport taxilane space used for aircraft parking. Effective May 1, 2022 through October 31, 2022. • Alaska Air Fuel, Inc. — 15,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Alaska Geographic — 10 square feet of terminal space for vending machine. Effective July 1, 2022 through June 30, 2023. Your consideration is appreciated. Page122 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to EVERTS AIR FUEL, INC. (Permittee), whose address is P.O. Box 60908, Fairbanks, AK 99706, a Special Use Permit to conduct aeronautical and/or aviation -related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 30,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2022 and ending on June 30, 2023. Regardless of the date of signature, this Permit shall be effective as of July 1, 2022. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $3,175.00 plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. 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, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Pagel of 8 17 Page123 4. Use. City authorizes Permittee's non-exclusive use of the Premises for the following purpose(s): Aircraft Loading and Parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re -assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee's use only and may not be transferred or assigned. 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: 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. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their num nirrrnft 5. Airport 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 equipment 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. Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 2 of 8 18 Page124 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time 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. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government -operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. 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 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: 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 Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 3 of 8 Page125 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 July 1, 2022. The effective date of the insurance shall be no later than July 1, 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 of insurance coverage that meets the requirements of the City. 10. 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. 11. 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. Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 4 of 8 M Page126 12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the discharge of petroleum products or hazardous materials due to Permittee's use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee's fuel dispensing equipment at all times. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above -ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft -parking ramp, inside an aircraft hangar, or within 50' of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 5 of 8 Q Page127 14. 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 service provided at the Airport. 15. Licenses and Permits. 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. 16. 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. 17. 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. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. 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. 20. 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. 21. 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 of Kenai Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 6 of 8 W Page128 is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 22. Termination; Default. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety or due to a failure of Permittee to comply with condition or term 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. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Permittee shall make payment within 30 days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take -off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90 days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than 30 days nor less than seven days before the time of the auction. 25. Definitions. As used in this Permit, "Permittee" means Everts Air Fuel, Inc. and where the context reasonably indicates, its officers, agents, and employees. "Airport" means the Kenai Municipal Airport. Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 7 of 8 23 Page129 CITY OF KENAI Paul Ostrander City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT EVERTS AIR FUEL, INC. By: Date Robert Everts Consultant ACKNOWLEDGMENTS ss. 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. 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 Robert Everts, Consultant, Everts Air Fuel, Inc., on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 8 of 8 24 0 _M N t6 a Page131 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: June 9, 2022 SUBJECT: Kenai Municipal Airport Special Use Permit(s) Annually, the Kenai Municipal Airport (ENA) issues reoccurring Special Use Permits (SDP's) for the use of airport apron and terminal space. The following SDP's have been requested and application fees paid. • Empire Airlines, Inc. — 11,250 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Everts Air Fuel, LLC — 30,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Crowley Fuels, LLC — 35,000 square feet of airport apron space used for aircraft fueling services. Effective July 1, 2022 through June 30, 2023. • United Postal Service Co., — 4,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Kenai Aviation Operations, LLC — 2,714 square feet of airport taxilane space used for aircraft parking. Effective May 1, 2022 through October 31, 2022. • Alaska Air Fuel, Inc. — 15,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Alaska Geographic — 10 square feet of terminal space for vending machine. Effective July 1, 2022 through June 30, 2023. Your consideration is appreciated. Page132 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to CROWLEY FUELS LLC (Permittee), whose address is 201 Arctic Slope Ave., Anchorage, AK 99518, a Special Use Permit for the fueling area on the apron at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 35,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2022 and ending on June 30, 2023. Regardless of the date of signature, this Permit shall be effective as of July 1, 2022. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $3,704.16 plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. 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, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) Special Use Permit —Crowley (Apron Fueling Area) Page 1 of 8 27 Page133 4. Use. City authorizes Permittee's non-exclusive use of the Premises for the following purpose(s): Aviation Fueling on Apron Fueling Area. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re -assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee's use only and may not be transferred or assigned. 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: 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. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their num nirrrnft 5. Airport 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 equipment 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. Special Use Permit —Crowley (Apron Fueling Area) Page 2 of 8 28 Page134 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time 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. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government -operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. 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 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: 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 Special Use Permit —Crowley (Apron Fueling Area) Page 3 of 8 Q1 Page135 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 thirty (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 July 1, 2022. The effective date of the insurance shall be no later than July 1, 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 of insurance coverage that meets the requirements of the City. 10. 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. 11. 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. Special Use Permit —Crowley (Apron Fueling Area) Page 4 of 8 O Page136 12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the discharge of petroleum products or hazardous materials due to Permittee's use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee's fuel dispensing equipment at all times. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above -ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft -parking ramp, inside an aircraft hangar, or within 50' of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to Special Use Permit —Crowley (Apron Fueling Area) Page 5 of 8 0i Page137 the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 14. 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 service provided at the Airport. 15. Licenses and Permits. 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. 16. 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. 17. 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. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. 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. 20. 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. 21. 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 Special Use Permit —Crowley (Apron Fueling Area) Page 6 of 8 W Page138 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 of Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 22. Termination; Default. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety or due to a failure of Permittee to comply with condition or term 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. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Permittee shall make payment within 30 days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take -off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90 days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than 30 days nor less than seven days before the time of the auction. 25. Definitions. As used in this Permit, "Permittee" means Crowley Fuels LLC., and where the context reasonably indicates, its officers, agents, and employees. "Airport" means the Kenai Municipal Airport. Special Use Permit —Crowley (Apron Fueling Area) Page 7 of 8 33 Page139 CITY OF KENAI CROWLEY FUELS LLC By: By: Paul Ostrander Date Richard W. Meidel Date City Manager Vice President 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, an Alaska municipal corporation, 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 Richard W. Meidel, Vice President, Crowley Fuels LLC, on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Special Use Permit —Crowley (Apron Fueling Area) 1 � 34 Crowley -90 ■ 00i Page141 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: June 9, 2022 SUBJECT: Kenai Municipal Airport Special Use Permit(s) Annually, the Kenai Municipal Airport (ENA) issues reoccurring Special Use Permits (SDP's) for the use of airport apron and terminal space. The following SDP's have been requested and application fees paid. • Empire Airlines, Inc. — 11,250 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Everts Air Fuel, LLC — 30,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Crowley Fuels, LLC — 35,000 square feet of airport apron space used for aircraft fueling services. Effective July 1, 2022 through June 30, 2023. • United Postal Service Co., — 4,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Kenai Aviation Operations, LLC — 2,714 square feet of airport taxilane space used for aircraft parking. Effective May 1, 2022 through October 31, 2022. • Alaska Air Fuel, Inc. — 15,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Alaska Geographic — 10 square feet of terminal space for vending machine. Effective July 1, 2022 through June 30, 2023. Your consideration is appreciated. Page142 SPECIAL USE PERMIT THE CITY OF KENAI (CITY) for the considerations and pursuant to the conditions and requirements set forth below, hereby grants ALASKA GEOGRAPHIC (PERMITTEE), whose address is 421 W. 1" Ave, Suite 250, Anchorage, AK 99501, the non-exclusive right to use that area described below: A small area in the Kenai Airport Terminal approximately 3.4 feet by 2.8 feet in size 1. TERM. The term of this Permit shall be for 1 year commencing on July 1, 2022, and ending on June 30, 2023. 2. PERMIT FEES. The monthly fee for this permit is $29.60 plus applicable sales tax. 3. USE. The use of the Premises by Permittee is for the purpose of placing a vending kiosk to sell interpretive products that entertain and educate visitors about Alaska's public lands. A portion of every purchase is donated to its host park, refuge or forest. The inventory will be monitored remotely and serviced by Kenai National Wildlife Refuge store manager in Soldotna. 4. LICENSES AND PERMITS; LAWS. Permittee shall adhere to all federal, state, and local laws, ordinances, and regulations while conducting its activities on the Premises. Permittee shall obtain and maintain all required federal, state, and local licenses, permits, certificates, and other documents required for Permittee's operations under the Permit. Permittee shall provide proof of compliance to the City upon request by the City. 5. NO EXCLUSIVITY. This Permit is not intended to grant any exclusive use to the described Premises. 6. INSURANCE. Permittee shall provide proof of insurance coverage, including worker's compensation, if necessary, in an amount satisfactory to the City Manager, and listing the City as an additional insured. 7. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. Permittee agrees to indemnify, defend, and hold the City, its agents, and employees harmless from and against any and all liability, loss, suit, claim, judgment, fine, demand, damage, penalty, property damage, or personal injury of whatever kind, including sums paid in settlements of claims, attorney fees, consultant fees, expert fees, or costs incurred arising from or connected with the Permittee's use or occupation of the Premises. Permittee shall give the Special Use Permit —Alaska Geographic Page 1 of 4 37 Page143 City of Kenai reasonable notice of any such claims or actions. However, Permittee shall not be responsible for any damage or claims from the sole negligence, activities, or omission of the City or its agents or employees. 8. PERSONALITY. Permittee is solely responsible for the maintenance of the kiosk. Permittee must keep the kiosk and all other materials on the Premises clean and in good condition. Permittee shall remove any and all personal property 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 $25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee at or from the Premises. 9. NO WAIVER. 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. MUTUAL CANCELLATION. This Permit may be cancelled in whole or in part with one month written notice by Permittee or the City. 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. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its use of the Premises. 13. 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. 14. CONTACT INFORMATION. The contact information for Permittee, and the person in responsible charge for Permittee during the term of the Permit, for purposes of notice and all communications from City to Permittee is: Alaska Geographic Special Use Permit —Alaska Geographic Page 2 of 4 38 Page144 Executive Director Andy Hall 421 W. 1" Ave, Ste. 250 Anchorage, AK 99501 (907) 771-8400 The contact information for City for purposes of notice and all communications from Permittee to City is: Airport Administration 305 North Willow, Suite 200 Kenai, Alaska 99611 Telephone: (907) 283-8281 15. RIGHTS OR REMEDIES. No right or remedy herein conferred upon or reserved to each respective party is intended to be exclusive of any other right or remedy. Each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity. 16. GOVERNING LAW; VENUE. The laws of State of Alaska will determine the interpretation of this Agreement and the performance thereof. Any lawsuit brought thereon shall be filed in the Third Judicial District at Kenai, Alaska. 17. AUTHORITY. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terms and conditions herein and that the person signing this Permit is authorized to bind Permittee. Special Use Permit —Alaska Geographic ME CITY OF KENAI City Manager Page 3 of 4 011 Page145 ALASKA GEOGRAPHIC Andy Hall Executive Director Approved as to form: Scott Bloom City Attorney STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the 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. 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 ANDY HALL, Executive Director of Alaska Geographic, an Alaska non-profit corporation, on behalf of the corporation. Special Use Permit —Alaska Geographic Notary Public for Alaska My Commission Expires: Page 4 of 4 El it Page146 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: June 9, 2022 SUBJECT: Kenai Municipal Airport Special Use Permit(s) Annually, the Kenai Municipal Airport (ENA) issues reoccurring Special Use Permits (SDP's) for the use of airport apron and terminal space. The following SDP's have been requested and application fees paid. • Empire Airlines, Inc. — 11,250 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Everts Air Fuel, LLC — 30,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Crowley Fuels, LLC — 35,000 square feet of airport apron space used for aircraft fueling services. Effective July 1, 2022 through June 30, 2023. • United Postal Service Co., — 4,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Kenai Aviation Operations, LLC — 2,714 square feet of airport taxilane space used for aircraft parking. Effective May 1, 2022 through October 31, 2022. • Alaska Air Fuel, Inc. — 15,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Alaska Geographic — 10 square feet of terminal space for vending machine. Effective July 1, 2022 through June 30, 2023. Your consideration is appreciated. Page147 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to UPSCO United Parcel Service Co., Inc. (Permittee), whose address is 6200 Lockheed Ave., Anchorage, AK 99502, a Special Use Permit to conduct aeronautical and/or aviation -related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 4,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2022 and ending on June 30, 2023. Regardless of the date of signature, this Permit shall be effective as of July 1, 2022. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $423.33 plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of one hundred dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. 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, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of ten percent (10%) per annum, and penalty of ten percent (10%) shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) Special Use Permit UPSCO (Aircraft Loading & Parking) Pagel of 8 El% Page148 4. Use. City authorizes Permittee's non-exclusive use of the Premises for the following purpose(s): Aircraft Loading and Parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re -assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee's use only and may not be transferred or assigned. 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: 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. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their num nirrrnft 5. Airport 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 equipment 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. Special Use Permit UPSCO (Aircraft Loading & Parking) Page 2 of 8 43 Page149 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time 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. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government -operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. 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 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: 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 Special Use Permit UPSCO (Aircraft Loading & Parking) Page 3 of 8 44 Page150 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 thirty (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 July 1, 2022. The effective date of the insurance shall be no later than July 1, 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 of insurance coverage that meets the requirements of the City. 10. 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. 11. 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. Special Use Permit UPSCO (Aircraft Loading & Parking) Page 4 of 8 eR Page151 12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the discharge of petroleum products or hazardous materials due to Permittee's use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee's fuel dispensing equipment at all times. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above -ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft -parking ramp, inside an aircraft hangar, or within fifty feet (50') of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. Special Use Permit UPSCO (Aircraft Loading & Parking) Page 5 of 8 Page152 14. 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 service provided at the Airport. 15. Licenses and Permits. 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. 16. 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. 17. 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. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. 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. 20. 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. 21. 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 $25.00 per day. The City of Special Use Permit UPSCO (Aircraft Loading & Parking) Page 6 of 8 47 Page153 Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 22. Termination; Default. This Permit may be terminated by either party hereto by giving thirty (30) days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than thirty (30) days, to protect public health and safety or due to a failure of Permittee to comply with condition or term 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. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Permittee shall make payment within thirty (30) days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take -off weight reports within ten (10) days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within ninety (90) days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three (3) consecutive weeks not more than thirty (30) days nor less than seven (7) days before the time of the auction. 25. Definitions. As used in this Permit, "Permittee" means UPSCO, United Parcel Service Co., Inc. and where the context reasonably indicates, its officers, agents, and employees. "Airport" means the Kenai Municipal Airport. Special Use Permit UPSCO (Aircraft Loading & Parking) Page 7 of 8 48 Page154 CITY OF KENAI UPSCO By: By: Paul Ostrander Date Robert Vey City Manager Business Manager ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) 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. 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 Robert Vey, the Business Manager, on behalf of UPSCO, United Parcel Service Co., Inc. Notary Public for Alaska My Commission Expires: Approved as to Form: Scott Bloom City Attorney Special Use Permit UPSCO (Aircraft Loading & Parking) Page 8 of 8 ER; Page156 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: June 9, 2022 SUBJECT: Kenai Municipal Airport Special Use Permit(s) Annually, the Kenai Municipal Airport (ENA) issues reoccurring Special Use Permits (SDP's) for the use of airport apron and terminal space. The following SDP's have been requested and application fees paid. • Empire Airlines, Inc. — 11,250 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Everts Air Fuel, LLC — 30,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Crowley Fuels, LLC — 35,000 square feet of airport apron space used for aircraft fueling services. Effective July 1, 2022 through June 30, 2023. • United Postal Service Co., — 4,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Kenai Aviation Operations, LLC — 2,714 square feet of airport taxilane space used for aircraft parking. Effective May 1, 2022 through October 31, 2022. • Alaska Air Fuel, Inc. — 15,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Alaska Geographic — 10 square feet of terminal space for vending machine. Effective July 1, 2022 through June 30, 2023. Your consideration is appreciated. Page157 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to Kenai Aviation (Permittee), whose address is 101 N Willow Street, Kenai, AK 99611, a Special Use Permit to conduct aeronautical and/or aviation -related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 2,714 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for six months commencing on May 1, 2022 and ending on October 31, 2022. Regardless of the date of signature, this Permit shall be effective as of May 1, 2022. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee plus applicable sales tax as follows: May -June 2022 $124.39 July -October 2022 $131.17 B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of one hundred dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. 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, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of ten percent (10%) per annum, and penalty of ten percent (10%) shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) Special Use Permit —Kenai Aviation(Aircraft Parking) Pagel of 8 6% Page158 4. Use. City authorizes Permittee's non-exclusive use of the Premises for the following purpose(s): Aircraft Parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re -assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee's use only and may not be transferred or assigned. 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: 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. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport 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 equipment 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. Special Use Permit —Kenai Aviation(Aircraft Parking) Page 2 of 8 53 Page159 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time 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. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government -operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. 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 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: 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 Special Use Permit —Kenai Aviation(Aircraft Parking) Page 3 of 8 54 Page160 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 thirty (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 1, 2022. The effective date of the insurance shall be no later than May 1, 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 of insurance coverage that meets the requirements of the City. 10. 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. 11. 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. Special Use Permit —Kenai Aviation(Aircraft Parking) Page 4 of 8 61 Page161 12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the discharge of petroleum products or hazardous materials due to Permittee's use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee's fuel dispensing equipment at all times. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above -ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft -parking ramp, inside an aircraft hangar, or within fifty feet (50') of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. Special Use Permit —Kenai Aviation(Aircraft Parking) Page 5 of 8 6.7 Page162 14. 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 service provided at the Airport. 15. Licenses and Permits. 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. 16. 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. 17. 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. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. 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. 20. 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. 21. 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 $25.00 per day. The City of Special Use Permit —Kenai Aviation(Aircraft Parking) Page 6 of 8 57 Page163 Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 22. Termination; Default. This Permit may be terminated by either party hereto by giving thirty (30) days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than thirty (30) days, to protect public health and safety or due to a failure of Permittee to comply with condition or term 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. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Permittee shall make payment within thirty (30) days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take -off weight reports within ten (10) days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within ninety (90) days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three (3) consecutive weeks not more than thirty (30) days nor less than seven (7) days before the time of the auction. 25. Definitions. As used in this Permit, "Permittee" means Kenai Aviation and where the context reasonably indicates, its officers, agents, and employees. "Airport" means the Kenai Municipal Airport. Special Use Permit —Kenai Aviation(Aircraft Parking) Page 7 of 8 58 Page164 CITY OF KENAI KENAI AVIATION By: By: Paul Ostrander Date Jacob Caldwell Date City Manager Owner 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, an Alaska municipal corporation, 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 Jacob Caldwell, Owner, on behalf of Kenai Aviation. Notary Public for Alaska My Commission Expires: Approved as to Form: Scott Bloom City Attorney Special Use Permit —Kenai Aviation(Aircraft Parking) Page 8 of 8 6T LO 0 m a Page166 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: June 9, 2022 SUBJECT: Kenai Municipal Airport Special Use Permit(s) Annually, the Kenai Municipal Airport (ENA) issues reoccurring Special Use Permits (SDP's) for the use of airport apron and terminal space. The following SDP's have been requested and application fees paid. • Empire Airlines, Inc. — 11,250 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Everts Air Fuel, LLC — 30,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Crowley Fuels, LLC — 35,000 square feet of airport apron space used for aircraft fueling services. Effective July 1, 2022 through June 30, 2023. • United Postal Service Co., — 4,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Kenai Aviation Operations, LLC — 2,714 square feet of airport taxilane space used for aircraft parking. Effective May 1, 2022 through October 31, 2022. • Alaska Air Fuel, Inc. — 15,000 square feet of airport apron space used for aircraft parking and cargo operations. Effective July 1, 2022 through June 30, 2023. • Alaska Geographic — 10 square feet of terminal space for vending machine. Effective July 1, 2022 through June 30, 2023. Your consideration is appreciated. Page167 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to ALASKA AIR FUEL, INC. (Permittee), whose address is 3700 W. Aviation Avenue, Wasilla, AK 99654, a Special Use Permit to conduct aeronautical and/or aviation -related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 15,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2022 and ending on June 30, 2023. Regardless of the date of signature, this Permit shall be effective as of July 1, 2022. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $725.00 plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. 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, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) 4. Use. City authorizes Permittee's non-exclusive use of the Premises for the following purpose(s): Special Use Permit Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Pagel of 8 1-a Page168 Aircraft Loading & Parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re -assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee's use only and may not be transferred or assigned. 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: 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. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft 5. Airport 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 equipment 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 time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. Special Use Permit Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 2 of 8 63 Page169 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. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government -operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. 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 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: 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. Special Use Permit Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 3 of 8 64 Page170 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 July 1, 2022. The effective date of the insurance shall be no later than July 1, 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 of insurance coverage that meets the requirements of the City. 10. 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. 11. 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. 12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Special Use Permit Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 4 of 8 Page171 Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the discharge of petroleum products or hazardous materials due to Permittee's use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee's fuel dispensing equipment at all times. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above -ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft -parking ramp, inside an aircraft hangar, or within 50' of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. Special Use Permit Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 5 of 8 Page172 14. 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 service provided at the Airport. 15. Licenses and Permits. 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. 16. 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. 17. 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. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. 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. 20. 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. 21. 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 of Kenai Special Use Permit Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 6 of 8 67 Page173 is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 22. Termination; Default. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety or due to a failure of Permittee to comply with condition or term 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. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Permittee shall make payment within 30 days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take -off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90 days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than 30 days nor less than seven days before the time of the auction. 25. Definitions. As used in this Permit, "Permittee" means Alaska Air Fuel, Inc. and where the context reasonably indicates, its officers, agents, and employees. "Airport" means the Kenai Municipal Airport. Special Use Permit Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 7 of 8 68 Page174 CITY OF KENAI Paul Ostrander City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT ALASKA AIR FUEL, INC. By: Date John Sliwinski Vice President ACKNOWLEDGMENTS ss. 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. 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 John Sliwinski, Vice President, Alaska Air Fuel, Inc., on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Special Use Permit Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 8 of 8 M&I LO h_ N 0) m a Page176 mmmmmmmmmmmmmmmm City of Kenai 1 210 Heal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: June 7, 2022 SUBJECT: Kenai Municipal Airport — Fifth 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 Brothers' Cafe) from August 1, 2018 through June 30, 2020 with the option to extend for an additional three (3) consecutive one-year terms if the City and concessionaire mutually agree in writing. The Concessionaire requests to renew under the same terms and conditions. Your consideration is appreciated. Page177 FIFTH AMENDMENT TO CITY OF KENAI 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 existing 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 agree to extend the Agreement for the third 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 third one-year term extension beginning on July 1, 2022 and ending on June 30, 2023. 2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. Restaurant Concession Agreement Amendment 6/2/2022 City Page 1 of 3 Concessionaire Concessionaire rya Page178 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 , 2022, 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 6/2/2022 Page 2 of 3 City Concessionaire Concessionaire 73 Page179 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2022, 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 , 2022, 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 Kenai 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 6/2/2022 City Page 3 of 3 Concessionaire Concessionaire 74 Page180 Sponsored by: Administration A I Vluu u u CITY OF KENAI ORDINANCE NO. 3295-2022 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP BY REZONING CERTAIN PARCELS SOUTHEAST OF BEAVER LOOP ROAD ALONG BASIN VIEW WAY, KIM N ANG COURT, CUB COURT, AMES ROAD, AND DOLCHOK LANE FROM RURAL RESIDENTIAL TO RURAL RESIDENTIAL-1. WHEREAS, the certain parcels identified in Exhibit A Southeast of Beaver Loop Road, along Basin View Way, Kim N Ang Court, Cub Court, Ames Road, and Dolchok Lane are currently zoned Rural Residential; and, WHEREAS, the City of Kenai received a rezone application changing the zoning to Rural Residential-1 with a petition of the majority of property owners in the affected area in accordance with Kenai Municipal Code 14.20.270, Amendment procedures; and, WHEREAS, the RR, and RR-1 zoning districts have the same intent per KMC 14.20.080 Rural Residential Zones for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment; and, WHEREAS, the RR-1 Zone is consistent with residential development in the vicinity and will not impact residential housing or the quality of neighborhoods within the City; and, WHEREAS, there are two primary differences between the RR and RR-1 zoning districts as identified in KMC 14.22.010 Land use table; one, there are more Principal Permitted Uses allowed in the RR district, a total of six, than the RR-1 district, a total of four; and two, there are more opportunities for Conditional Use Permit applications in the RR district, a total of 55, than the RR-1 district, a total of 20; and, WHEREAS, the existing conditional use permits for the Guide Service at 909 Ames Road and Fabrication Facility at 911 Ames Road would be considered nonconforming uses per KMC 14.20.050, unable to expand, or move the nonconforming use from its existing state on the lot, without a conditional use permit granted by the Planning and Zoning Commission; and, WHEREAS, the rezone is consistent with Goal 1 — Quality of Life: Promote and encourage quality of life in Kenai of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan; and, WHEREAS, the rezone is consistent with the Land Use Plan proposing a Low Density Residential land use for this neighborhood, from the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan; and, WHEREAS, the City of Kenai Planning and Zoning Commission voted unanimously to recommend the properties be rezoned to Rural Resdiential-1 during a public hearing held at their meeting on May 25, 2022. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section of Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.030 Establishment of Zones and Official Zoning Map is hereby amended as follows: Rezoning the certain parcels identified in the attached Exhibit A Southeast of Beaver Loop Road, and along Basin View New Text Underlined; DELETED TEXT BRACKETED] Ordinance No. 3295-2022 Page 2 of 2 Page181 Way, Kim N Ang Court, Cub Court, Ames Road, and Dolchok Lane from Rural Residential to Rural Residential-1. Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6T" DAY OF JULY, 2022. ATTEST: Michelle M. Saner, MMC, City Clerk Brian Gabriel Sr., Mayor Introduced: Enacted: Effective: June 15, 2022 July 6, 2022 August 5, 2022 New Text Underlined; [DELETED TEXT BRACKETED] City of Kenai 1 210 Fidal o Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: June 7, 2022 SUBJECT: Ordinance 3295-2022 — Rezone Parcels from Rural Residential to Rural Residential-1 A completed application was submitted to the City requesting certain parcels Southeast of Beaver Loop Road, along Basin View Way, Kim N Ang Court, Cub Court, Ames Road, and Dolchok Lane (see Rezoning Boundary Map and Parcel List), be rezoned from Rural Residential (RR) to Rural Residential-1 (RR-1). Kenai Municipal Code (KMC) 14.20.270, Amendment procedures, describes initiation of zoning code and official map amendments. Zoning code amendments may be initiated by a submission of a petition by a majority of the property owners in the area for consideration if the area to be rezoned contains a minimum of one acre unless the amendment enlarges an adjacent district boundary. The application was submitted by Jerry C. Huf, 765 Ames Rd, Kenai AK, 99611 with a petition of a majority of the property owners in the area to be rezoned (see attached Exhibit A and Parcel List). The requested rezone meets the criteria for an amendment. The intended reason for the rezoning provided in the application is the following: 1. Protect the rural, open quality of the residential neighborhood. 2. Preserve the residential character of a low density neighborhood environment. 3. Maintain the value of property, both monetary and non -monetary (quality of life for residents, use and enjoyment of their property). 4. Consistent with the City Comprehensive plan, specifically protect the livability of the existing neighborhood. Analysis The subject area proposed to be rezoned consists of parcels on Dolchok Lane, Cub Court, Kim N Ang Court, Basin View Way, Ames Road south of Beaver Loop Road, and parcels on the south side of Beaver Loop Road from Ames Road to Dolchok Lane (see attached Exhibit A and Page183 Parcel List). All parcels inside and bordering the area proposed for rezoning are zoned Rural Residential (RR). The RR, and RR-1 zoning districts have the same intent per KMC 14.20.080 Rural Residential Zones (RR, RR-1 Zones): (a) Intent. The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Per KMC 14.24.010 Minimum lot area requirements are different, in that RR-1 does not allow for five or more dwelling units, and with a conditional use permit, the RR-1 requirements for minimum lot size is 22,400 sf. 2,400 sf more than in the RR district. Development requirements for RR and RR-1 are identical per KMC 14.24.020 General Requirements. There are two primary differences between the RR and RR-1 zoning districts as identified in KMC 14.22.010 Land use table: There are more Principal Permitted Uses allowed in the RR district, a total of six, than the RR-1 district, a total of four. 2. There are more opportunities for Conditional Use Permit applications in the RR district, a total of 55, than the RR-1 district, a total of 20. Existing Conditional Use Permits Analysis There are two existing conditional use permit properties in the area proposed for rezoning, a B&B/Guide Service at 909 Ames Road, and Welding & Metal Framing Business at 911 Ames Road. A B&B is a conditional use in the RR-1 district, and therefore, would be a conforming use if the parcel is rezoned. If the rezoning application is approved from RR to RR-1, existing conditional use permits for the Guide Service at 909 Ames Road and Fabrication Facility at 911 Ames Road would be considered nonconforming uses per KMC 14.20.050 Nonconforming lots, structures, and uses since those uses are not permitted in RR-1. Nonconforming uses would be unable to expand, or move the nonconforming use from its existing state on the lot, without a conditional use permit granted by the Planning and Zoning Commission. The existing conditional use permits would still be transferable to a new property owner per KMC 14.20.150(I)(5). Page 2 of 3 Page184 Comprehensive Plan Analysis The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Low Density Residential land use for this neighborhood. The Low Density Residential Land Use Classification is defined in the Comprehensive Plan: "Low Density Residential because of location or poor site conditions is intended for large -lot single-family low -density residential development. The area will typically be developed with individual on -site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion with zoning category" The parcels proposed for rezoning have a similar land use, lot size and orientation, individual on - site water supply and wastewater disposal systems, with low density, and no sidewalks. The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan supports this rezoning in: • Goal 1 — Quality of Life: Promote and encourage quality of life in Kenai. o Q-4: Promote the siting and design of land uses that are in harmony and scale with surrounding uses. A rezoning to RR-1 would align with the current low density residential character of the neighborhood. The Kenai Planning and Zoning Commission considered this request during their meeting on May 25, 2022 and unanimously recommended City Council approve of the rezone request from the Rural Residential Zone to the Rural Residential-1 Zone. Thank you for your consideration. 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Huf M Ames Road Name: Kenai _=SCFate::FAk 1� Cade e �- Phone Number(s): 907-394-6994 . ........... . . Email: rustyhuf@yahoo.com Kenai Peninsula araugh Parcel (s): Physical Address: 710 Dolchok Kenai Mandan: KN 0830173 Basin View Sub Part 3Lot 3 Block Page 189 1 . Protect the niral, open quality of the residential neighborhood. 2. Preserve the residential character of a low density neighborhood environment. 3. Mainta-45 thavalya,-if Xrx,Xeil •,l mtn6tar; arif life fir rasi,&Mg, Ysa all 6riftymeriti'Mair property). 4. Consistent with the City Comprehensive plan, specifically protect the livability of the existing neighborhood. , a , a . 0 . . A . 0 . - A of A* a 41111418II01111114PIlk rhis proposed amendment to the zoning ordinance is not substantially the same as any other -inapproved proposed amendment submitted within the previous 9 months. ........... ...... Jj.- -equired ($265 total after tax), and that this application will be reviewed following Kenai City Code 14.20.270, available at kenai.municipal.codes/KMC/14.20.270. AL# 0 Kenai City Council El Kenai Planning & Zoning Commission Petition of majority of the property owners in the area to be rezoned MIX -All by the Home Rule Charter of the City of Kenai Q� Id U11r; re a 01 F. 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Signature: Daytime Phone:,— Lot and Block Number: Mailing Address: REZONE APPLICATION - BASIN YEW_aUBDIVSION Name of Property Owner: W, Daytime Phone:. Mailing Address: Name of Property Owner: X) Signature: Daytime Phone- 7 Mailing Address: _"/ and Block Number: /Z K Lot and Block Number: " Pk - /,�, �?9' Name of Property Owner: /Z71,' I/ Signature: Daytime Phone: ? - � �iot and Block Number:— Mailing Address: 4, Name of Property Owner: a, Signatu Daytime Phone:L-0-7 3""' /' - 0-S01 Lot and Block Number. Mailing Address: L_0" 4-;— Name of Property Owner-, Signature: Daytime Phone: Lot and Block Number:—____ Mailing Address: Name of Property Owner: Signature: Daytime Phone:— Lot and Block Number'. Mailing Address: rM � Page 201 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO.2022-12 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI APPROVE THE REZONE REQUEST AS DEPICTED ON THE REZONING BOUNDARY MAP AND ADDRESS LIST FROM RURAL RESIDENTIAL TO RURAL RESIDENTIAL-1 WHEREAS, the City of Kenai received a rezone application from the majority property owners in accordance with Kenai Municipal Code 14.20.270, Amendment procedures; and, WHEREAS, the area proposed to be rezoned contains a minimum of 1 acre (excluding street or alley rights -of -way); and, WHEREAS, the proposed amendment to the zoning ordinance is not substantially the same as any other unapproved proposed amendment submitted within the previous 9 months; and, WHEREAS, a map has been included of the proposed rezone area and applicable signatures; and, WHEREAS, The RR-1 Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment; and, WHEREAS, access to the area to be rezoned is provided via Beaver Loop Road, Dolchok Lane, Cub Court, Kim N Ang Court, Basin View Way, and Ames Road; and, WHEREAS, the Conditional Use Permit for a B&B at 909 Ames Road is a conditional use in the RR-1 zoning district; and, WHEREAS, the Conditional Use Permit for a Guide Service at 909 Ames Road and a Welding Fabrication Facility at 911 Ames Road are not permitted in the RR-1 zoning district and would be considered a nonconforming use in the RR-1 zoning district; and, WHEREAS, the rezone is consistent with Goal 1 — Quality of Life: Promote and encourage quality of life in Kenai of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council approve of the rezone request of the attached rezoning boundary and address list from Rural Residential (RR) to Rural Residential-1 (RR- 1). Page 202 Resolution No. PZ2022-12 Page 2 of 2 Section 2. That a copy of Resolution PZ2022-12 be forwarded to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 25th day of May, 2022. . . .. .. . . . . . J EF F TW 1TCr,, CHAIRPERSON ATTEST: ------------- v . ...... . MEGHAN THI A, -00 EAU, DEPUTY CITY CLERK � Padgett 855 Ames Road Kenai, Alaska 99611 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 RE: Support for Resolution No. 2022-12 A Dear Sirs: We would like to voice our support for the Resolution No. 2022-12 A, recommending the approval of rezoning our property from Rural Residential to Rural Residential 1. We did not sign the original petition in an effort to maintain a neutral position regarding the rezoning. After attending last night's Planning & Zoning meeting, we would like to take a position supporting the rezoning. Please include this letter with the pack to be presented to the Kenai City Council. The descriptions of our three properties are shown below: Parcel 04949025 Private Vacant 835 AMES RD 1.5 T 5N R 11 W SEC 1 SEWARD MERIDIAN KN 2003021 TIDE VIEW HEIGHTS PADGETT REPLAT LOT 12A-2 Parcel 04904098 Private Residential 855 AMES RD 5.91 T 5N R 11 W SEC 1 & 2 SEWARD MERIDIAN KN 0930085 TIDE VIEW HEIGHTS SUB LOT 13A Parcel 04949057 Private Vacant 2.52 T 05N R 11 W SEC 2 SEWARD MERIDIAN KN 2019067 THE LAKE AT KENAI 2016 ADDN PHASE 1 LOT 10 Please contact me at 907/350-2103 if you have questions or concerns. Sincerely, Mack Padgett /`7 Carol Padgett Page 203 305QKim NArgOL, Kenai, Alaska 98611 (907)398-3I17 May 3[\ZO22 The City of Kenai Alaska City Mayor and City Council Subject: Rezoning Application PZ2022-12 Review Honorable Mayor and Members: We the owners of Lot 23 Block 4 of Basin View Subdivision request that you review our attached list of disagreements prior to the approval of the proposed Rezoning change to our subdivision. We not only find the petition unwarranted but the true facts of which stems to the root of the problem has not been addressed. We would request you visit our subdivision, Basin View, prior to your meeting for approval on this Resolution and we will challenge you to show justification why these new rezoning restrictions are necessary. After reviewing our subdivision take a trip down Beaver Loop Road and review the affected properties there, after that take a trip down Ames Road and hopefully you will see why after 40 years living in Basin View we disagree with the rezoning. If anyone needs the rezoning Ames Road does, so do not change our subdivision just to pacify the desires of seven residences who are the instigators ofthis smoke screen. Sincerely, Charles Eubank 305OKim NArg[t, Kenai, Alaska 99611 (907)398-31I7 May 3O,2U22 Kenai City Council Subject: Planning and Zoning Commission Resolution PZ2022-12 Dear City Council Members: We are residents and the owners of Lot 23, Block 4 Basin View Subdivision. We have lived in this subdivision 39 years making us the oldest residents. Fortunately, being retired we are able to seek warmer climates in the winter for old bones, but unfortunately being away, we are handicapped when it comes to changes to our neighborhood even though we still receive our mail at our residence 3050 Kim N Ang Ct., Kenai, Alaska along with we have provided contact information to our homeowner's association sovvecould benotified ofchanges that impact our property. The monetary value ofour could significantly change because of this proposed Zoning Resolution and we expect it to decrease in value. |nthis case vve had adisagreeable discussion with the elected President nfour Homeowner's Association referencing this very subject, he knew our position on why this proposed rezoning was not our desire yet he conveniently failed to notify us of his attempt to change the zoning and as you can see the date of the proposal, conveniently to him which we were out of the area. History of conflicts within Basin View Subdivision |nour first 37 years we had the Superintendent of public schools tried to operate a sled dog team out ofhis residence, his effort was stopped by the City ofKenai Animal [nntnn| Division and by using our subdivisions, no sled dog provision to our covenants that was enforced by the Circuit Court. An additional animal control problem was highlighted when my Labrador Retriever was accused of eating a neighbor's bird seed ' oh well I guess even a dog can have a weak moment, but | had tnpay toget her out ofdog jail. Year 2021, our Subdivision's owners were united and successful in rejecting a fishing guide operation and Bed and Breakfast on a lot within the subdivision. The action was possible due to subdivision covenant, and it protected our subdivision's single family dwelling clause along with the no commercial business restriction. Year 2O2Zthe most unnecessary proposal that wehave seen inour 39years. |twill have a negative effect on our self -governed way of life that we have enjoyed since we purchased our property. The contract as written when we purchased our property contained covenants we desired and has worked well when used in conjunction with state, borough and city permits and restrictions. These controlling factors have always protected our subdivision with the exact reason for rezoning given on the PZ2022-12 Rezoning Application, so why change zoning? Now we have a group of property owners from another adjoining subdivision of which have no protection of an existing Covenants and no Homeowners Association that protect their property come into our subdivision go door to door and spread unproven rumors of what they say is illegal activities that have been happening at a guide service and that the City of Kenai and the Police Department (will not take any action) to remove the guide service conditional use permit. We summarize that they are of a belief that complete rezoning of our subdivision, and the other adjoining selected |ots/subdivisionsvvi|| cure this great threat ofa Guide business invasion into all adjoining subdivisions. This only sends a message to us that they believe the more restrictions that are placed on individuals orcommunities will fix everything. VVe have only found in our 76 years of life the less government intervention and unnecessary regulations fits a more harmonious way Vflife and everyone seems tnget along better. It seems that when individuals or groups of individuals are proven to be habitual complainers at City Hall and are only attempting to cause unwarranted disruption in other residents' way of life just to satisfy their desires, these folks need to be informed that this pattern cannot continue and will not be tolerated. Also, all petitions they submit should be closely scrutinized and validity of their complaint or action be proven. This is the City of Kenai's responsibility. Please dosome reinvestigating before allowing a requested action to go forward and waste's the City's time and money. What effect will rezoning have on us personally as property owners, and others and what has mandated this request for rezoning. 1] It will limit conditional use permit categories of which could have a negative effect on the City's Comprehensive Plan by reducing the taxable income from businesses tothe city. 3] Working from home since COVID and beyond must have its license requirements, since it is a business and generates income and is reportable to the IRS. It falls into the land use code of Personal Services we guess of which is not available under the RR1 code. This alone is one more unnecessary element that rezoning causes and do not try to push it aside because it is a required subdivision item, which is a business and is to be treated as such so what conditional use code fits this situation? 3j Our property value along Beaver Creek which has Kenai River access frontage of which in this case, is all that matters. It will suffer or be reduced by limiting the sale of our property to selected groups and will eliminate any possibility of a guide service getting a Conditional Use Permit, even though there are numerous permits with a quarter mile of our property. This is not allowing us to have equal treatment asthose who have Conditional Use Permits that are located onadjacent subdivisions i.e.: Jack Webb Subdivision and Angler Drive, ofwhich Jack Webb is part of the rezoning and is directly downstream of our property and will enjoy their Conditional Use Permits being grandfathered and transferrable. As you can see, we are going to be penalized and all properties in each area should be treated equally as far as use restrictions. One statement | will add is the individual who initiated the rezoning application stated to me that his desire was to stop boat traffic on the upper portion ofBeaver Creek which hewants tobeariver cop and believes rezoning will result in less boat traffic due to eliminating Conditional Use Permits. 4.) If rezoning is approved, then we can foresee an increase in our property tax since we will be living in a more highly regulated area and will be receiving nothing extra asfar as services from the City or Borough. This to me is not the answer that more restrictions may bring. 5l For the residence of the Jack Webb subdivision these individuals should get some skin in the game before trying to change zoning and portray basthe cure all for their problem and ours in Basin View Subdivision. We the reside nta/ovvnersofBasin View are being used as a tool by the residents of Jack Webb to sell this rezoning as a cure-all to their subdivisions problems and not the weak reason of protecting the residential character of the neighborhoods. The residential character of our Basin View Subdivision has experienced no change in4Oyears except the spruce beetles have killed thousands of trees, so why not concentrate our efforts on items that come up that require attention and stay out of the infighting in other subdivisions? We do not need rezoning; the instigators of this rezoning plan do. 6j The code only places additional restrictions on property owners and will not cure the existing cause of the problem, simple solution, the City needs to enforce the restrictions they have on conditional use permits, since a guide business bordering on Ames Road has been accused of operating an illegal business and residence at the end ofAmes Road have had nuhelp from the City addressing the problem they have. Get tothe heart ofthe problem and address the concerns and leave others out of it. Stop using the shotgun approach by shooting at everyone and hope you hit the right solution that will cure all. Why not rezone? Ij This isaclear case ofSPOT ZONING why isthis the case. The City Planning and Zoning Department has taken an entire area, which includes we believe, five different subdivisions and portrayed itasone, Basin View Subdivision, we believe this is an attempt to cover up Spot Zoning (see attached definition of Spot Zoning) and only show one subdivision with which they are dealing with, we believe Basin View is the only one protected by covenants? 2] Review the Rezoning Application. Mr. Hufthe Petitioner listed his address as7B5 Ames Road of which is not part of Basin View Subdivision and his property as Basin View of which he has indicated he owns. One problem is he dated his application 20 years ago of which is no big deal all of us live somewhere in the past, but what is important all property owners listed onthe Rezone Application -Basin View Subdivision do not live in Basin View, is this a smoke screen to cover up Spot Zoning, and 10add tothat, why are more than one name listed for same properties. All the property owners inBasin View were not notified ofthese proposed changes since they were out of state, but the President and Secretary of the Basin View had there mailing address and phone number, and noattempt was made tocontact them. 91 3] The Conditional Use Permits are auseful tool and should beused and their conditions policed, not eliminated, some residents have indicated they desire elimination to take place, which is not a smart request. 4] |nthis case vveknow that the residents ofJack Webb Subdivision and the individual residents whose property abuts Fosters Fish Camp/Guide Service, have complained to the City of accused illegal activities for years and we believe that their frustration with noaction from the City has led tothis uncalled for, Rezoning. 5.) What is the City's comprehensive zoning plan for the area, and if there is none why not? 6.) All properties are not equal as far osaccessibility to special activities, river access, fishing and the convenience of having dock facilities adjacent to your property. I personally have knowledge there are numerous docks on Beaver Creek that are not in compliance with their owners Kenai River Dock Permits, do we want to open this can of worms, also how about the other businesses that are operating that do not have Conditional Use Permits? 7j You have residence within Basin View Subdivision taking photos of people awaiting a Guide business to take them fishing, do we really know the whole story. We have personal family friends that visit each year from other countries that park their rented recreational vehicle at our residence and have full use of our docking facility, Must welook forward totheir being harassed and usbeing accused ofillegal activities, well to be honest with you if that happens, they are opening a hornet's nest. Our recommendations and we hope you are open to considering them. 1j Do not approve new rezoning restrictions to cover up the Cities lack of enforcement of the more than adequate, permits that are available and serve as restrictions when used along with subdivision covenants, City ordinances and State law. Z.\ Look at the entire area at the different zoning that will be in place and ask if each property isbeing treated equally, that answer will beNO, sowerequest this rezoning not be approved. I) Last thought, stop using the shot gun approach byshooting inthe breeze and hoping you hit the intended target, just concentrate your efforts on the specific offenders by enforcing the existing regulations so please do not make more restrictions we have enough. Our final statement is that we would like to thank the City of Kenai for their support of the Community for our 40 years of residency, so please review this action and you will hopefully see how this is just a smoke screen to cover up the real problem am dot by no means fits the categories listed in the intended Use and/or reason for Rezoning indicated on the Rezoning Application dated 4/27/2OO2. Charles E. Eubank ffl Page 209 "Spot zoning" is though, of as zonft not in accordance comprehensive pfan, but for mere private gain to favors or benefit particular individual or group of kid[ividuals and not the welfare Page 210 MINNEW mmmmmmmmmmmmmmmm City of Kenai 1 210 Heal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: June 7, 2022 SUBJECT: Borough Planning Commission Recommendation Kenai Peninsula Borough Code 2.40.015 (B) in part establishes that only a city resident may serve on the Kenai Peninsula Borough Planning Commission for a designated city seat and shall be selected by the Borough Mayor from a list of recommendations submitted by the Council; and the list will consist of at least one applicant. Section (E) establishes that the vacancy or expiring term will be noticed for at least 30-days by the Borough Clerk's Office and applicants must submit applications through the Borough Clerk's Office. The seat designated for the City of Kenai is expiring on July 31, 2022. The upcoming vacancy was noticed by the Borough Clerk's Office for 30-days, in addition the Borough notice was posted by the City Clerk's Office at Kenai City Hall, the Kenai Public Library and posted on the City of Kenai Facebook page. During the application period the Kenai Peninsula Borough received only one application and has verified that the applicant, Ms. Diane Fikes meets the eligibility requirements as established in borough code. Ms. Fikes has represented the City of Kenai on the Kenai Peninsula Borough Planning Commission since June 2017 and her current term ends on July 31, 2022. It is appropriate to provide a recommendation to the Borough Mayor from the City Council that Ms. Fikes be considered for re -appointment. Your consideration is appreciated. From: Turner, Michele To: Shellie Saner Cc: Blankenship, Subject: KPB Planning Commission - Kenai City Seat Application Date: Monday, June 6, 2022 4:05:38 PM Attachments: magL001 n Kenai City Seat Application - Filinaer Period Ended CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. This follows our email of April 28, 2022, wherein notice was given that the upcoming Kenai City Seat vacancy on KPB Planning Commission was being advertised for 30-days. The filing period for this seat closed on May 27, 2022. One application was received. We have verified that the applicant is a registered voter of the Kenai Peninsula Borough and is a resident of the City of Kenai. ® Diane Fikes The application is attached for your council's consideration. �M IIt;IIheIIIe 'T t uruuneur, C IM C D e �) U ty erk, / Records Plariager (907) 71.4-21.65 direct PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email may be subject to provisions of Alaska Statutes and may be made available to the public upon request. Page 212 Kenai Peninsula Borough Planning Department Kenai City Seat (Term Expires 07/31/2025) PC Application Submitted 2022-05-26 15:22:32 Name: Diane Fikes Mailing Address: 307 Linwood Ln Kenai, Ak 99611 ...... ........ ......... ....... .... ........ ....... ...... .. Residence Address 7 Email: dmfikes@yahoo.com Home Phone: 907 440 8730 Mobile Phone: 907 440 8730 What knowledge, experience, or expertise will you bring to the Planning Commission? I currently serve on the planning commission for the city of Kenai. I have attended several training seminars offered by the City over the years. I have believe this experience and knowledge, is a great way to be involved and help my community. I enjoy the folks I serve with and would greatly appreciate continuing to be the voice for the city of Kenai. Thank you for your consideration Diane fikes. Voter # SSN Date of Birth Page 213 Turner, Michele From: diane fikes <dmfikes c@yahoo.com> Sent: Thursday, May 26, 2022 3A4 PM To: G_Notify_AssemblyClerk Subject: < EXTERNAL-SEN DER> Reappointment city of Kenai CAUTION:This email originated from outside of the KPB system. Please use caution when responding or providing information. Do not click on links or open attachments unless you recognize the sender, know the content is safe and were expecting the communication. Dear mr. mayor, I am currently serving the community of Kenai Alaska on the planning commission and would greatly like the opportunity to continue to serve. I was born and raised in Anchorage and moved to the city of Kenai 11 years ago and have just loved it. I have worked for FEDEX for over 25 years now and during that time have traveled all over the peninsula.) love the community I live and work in. It allows me to connect with all different folks. I enjoy being a part of my community and I have seen the growth the kenai has experienced in the short time since I moved here. I would like to continue to serve on the commission I believe we have some great people to work with and believe we can accomplish some great things for the peninsula. Thanks for your consideration Sincerely Diane Fikes Page 214 Notice of Vacancy Homer City Seat (Term Expires 07/31/2025) Kenai City Seat (Term Expires 07/31/2025) District 4 — Soldotna (Term Expires 07/31/2025) District 6 — East Peninsula (Term Expires 07/31/2025) District 7 — Central (Term Expires 07/31/2024) District 9 — South Peninsula (Term Expires 07/31/2025) NOTICE IS HEREBY GIVEN that the referenced seats are currently vacant on the Kenai Peninsula Borough Planning Commission. City Seats: Applications are being sought from those qualified voters who physically reside within the city limits of the cities listed. Borough Single Member Districts: Applications are being sought from those qualified voters who reside in the districts listed. In the event no qualified residents of a single member district apply and are appointed, then that seat may be filled at -large by a qualified borough resident who resides outside of city limits. All borough residents interested in serving on the Planning Commission are encouraged to apply. Applicants that do not reside in district being applied for will be placed in an "at -large" pool for appointment consideration if no qualified residents of the district apply. All applications are submitted online through the borough's Opportunities webpage: Imtmtm//www k?k�mu/up?irmturiitli. The deadline to submit an application is 5:00 p.m. on Friday, May 27, 2022. For more information, contact the KPB Planning Department at (907) 714-2200. Page 215 KENAI AIRPORT COMMISSION REGULAR MEETING JUNE 9, 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: G. Feeken, P. Minelga, J. Caldwell, Commissioners Absent: Staff/Council Liaison Present No quorum was present. c. Agenda Approval J. Zirul, D. Pitts, J. Bielefeld, J. Daily Airport Manager E. Conway, Council Liaison Baisden 2. SCHEDULED PUBLIC COMMENT— None. 3. UNSCHEDULED PUBLIC COMMENT— None. 4. APPROVAL OF MEETING SUMMARY a. May 12, 2022 5. UNFINISHED BUSINESS — None. 6. NEW BUSINESS a. Discussion/Recommendation — Recommending the Kenai City Council Approve a Special Use Permit to Empire Airlines, Inc. for Aircraft Loading & Parking. b. Discussion/Recommendation — Recommending the Kenai City Council Approve a Special Use Permit to Everts Air Fuel, Inc. for Aircraft Loading & Parking. c. Discussion/Recommendation — Recommending the Kenai City Council Approve a Special Use Permit to Crowley Fuels LLC for Aviation Fueling & Apron Fueling Area. d. Discussion/Recommendation — Recommending the Kenai City Council Approve a Special Use Permit to Alaska Geographic for a Vending Kiosk in the Airport Terminal. e. Discussion/Recommendation — Recommending the Kenai City Council Approve a Special Use Permit to UPSCO United Parcel Service Co., Inc. for Aircraft Loading & Page 216 Parking. f. Discussion/Recommendation — Recommending the Kenai City Council Approve a Special Use Permit to Kenai Aviation for Aircraft Parking. g. Discussion/Recommendation — Recommending the Kenai City Council Approve a Special Use Permit to Alaska Air Fuel, Inc. for Aircraft Loading & Parking. h. Discussion/Recommendation — Recommending the Kenai City Council Approve Fifth Amendment to Agreement for Restaurant Concession with Situla LLC (D/B/A Brother's Cafe). 7. REPORTS a. Airport Manager b. City Council Liaison 8. NEXT MEETING ATTENDANCE NOTIFICATION — July 14, 2022 9. COMMISSIONER COMMENTS AND QUESTIONS — None. 10. ADDITIONAL PUBLIC COMMENT— None. 11. INFORMATION ITEMS a. April 2022 Enplanement Report 12. ADJOURNMENT Due to a lack of a quorum, the meeting was adjourned at approximately 6:05 p.m. Meeting summary prepared and submitted by: Meghan Thibodeau Deputy City Clerk Airport Commission Meeting Page 2 of 2 June 9, 2022 Page 217 KENAI HARBOR COMMISSION REGULAR MEETING JUNE 6, 2022 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR MIKE DUNN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Dunn called the meeting to order at approximately 6:00 p.m. a. Pledge of Allegiance Chair Dunn led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: M. Dunn, N. Berga, B. Peters, D. Peck, V. Askin Commissioners absent: Staff/Council Liaison present A quorum was present. c. Agenda Approval C. Hutchison, B. Bornemann Public Works Director S. Curtin, Public Works Administrative Assistant L. List 2. SCHEDULED PUBLIC COMMENT a. Tav Ammu — Clean Harbors Survey Tav Ammu provided a presentation on the Clean Harbors Survey. 3. UNSCHEDULED PUBLIC COMMENT— None. 4. APPROVAL OF MEETING SUMMARY a. February 7, 2022 b. May 9, 2022 MOTION: Commissioner Peck MOVED to approve the meeting summary of February 7, 2022. Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. MOTION: Commissioner Peters MOVED to approve the meeting summaries of May 9, 2022. Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. Page 218 5. UNFINISHED BUSINESS — None 6. NEW BUSINESS a. Discussion — Clean Harbors Survey Write-up Director Curtin encouraged the commission to look at the website presented during Tav Ammu's presentation, and reviewed signage. The commission discussed fuel capability, Kenai's participation, dock agreement meeting requirements, and cannery regulation. Tav Ammu clarified that Kenai is already following most aspects, and Director Curtin will look into them. b. Discussion — USACE Boat Ramp Dredging Permit Renewal Director Curtin noted that the Army Corp permit was renewed for three years with a one-year extension and an invoice was sent for $24,000. He noted there was two special use permits of $1,000 per permit. He also reported that the River Center added regulations regarding dredging, a cathodic was installed, and the boat ramp was dredged. The commission discussed reserved fishery dipnet, RFP for garbage, and toilets going out this week, and Parks & Recreation managing the day-to-day while Public Works will manage the setup and takedown. c. Discussion — HDR Bluff Stabilization Project 65% DDR received Director Curtin reported that the 65% design was received, and 95% will be received later this summer. The commission discussed a private property purchase that as of two weeks ago all but two properties have been purchased; one is in negotiation and one is holding out. 7. REPORTS a. Public Works Director — No report. b. Commission Chair — No report. c. City Council Liaison — No report. 8. NEXT MEETING ATTENDANCE NOTIFICATION —August 8, 2022 Director Curtin noted the tour of the fishery on a Fire Department Boat will be set up. 9. COMMISSIONER COMMENTS AND QUESTIONS - None 10. ADDITIONAL PUBLIC COMMENT - None 11. ADJOURNMENT The meeting was adjourned at approximately 6:51 p.m. Harbor Commission Meeting Page 2 of 3 June 6, 2022 Page 219 Meeting summary prepared and submitted by: Meghan Thibodeau Deputy City Clerk Harbor Commission Meeting Page 3 of 3 June 6, 2022 KENAI PLANNING & ZONING COMMISSION — Page 220 REGULAR MEETING MAY 25, 2022 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on May 25, 2022, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:06 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. 3. Agenda Approval J. Twait, A. Douthit, G. Woodard, D. Fikes, V. Askin, G. Greenberg J. Halstead Planning Director R. Foster, City Attorney S. Bloom, Vice Mayor J. Glendening, Deputy Clerk M. Thibodeau Chair Twait noted the following revisions to the Packet: Add item F.1. Resolution PZ2022-12 • Public Comment • Rezoning Property Petitioner Map MOTION: Commissioner Askin MOVED to approve the agenda with the requested revisions; requested to hear New Business and Unfinished Business prior to Public Hearings. Vice Chair Douthit SECONDED the motion. There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Vice Chair Douthit MOVED to approve the consent agenda. Commissioner Askin SECONDED the motion. There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a commission 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. 5. *Excused Absences — J. Halstead B. APPROVAL OF MINUTES City of Kenai Planning & Zoning Commission Meeting Page 1 of 6 May 25, 2022 1. *Regular Meeting of May 11, 2022 Page 221 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS — None. D. UNSCHEDULED PUBLIC COMMENTS — None. E. CONSIDERATION OF PLATS — None. H. NEW BUSINESS Action/Approval — Recommending the City Council Approve Resolution No. 2022-XX to record a document divesting the City's interest in the Deeded thirty foot (30') strip public use easement lying along the North boundary of Lot 35, Section 6, Township Five North, Range Eleven West, Seward Meridian MOTION: Vice Chair Douthit MOVED to Recommend the City Council Approve Resolution No. 2022-XX to record a document divesting the City's interest in the Deeded thirty foot (30') strip public use easement lying along the North boundary of Lot 35, Section 6, Township Five North, Range Eleven West, Seward Meridian. Commissioner Woodard SECONDED the motion. Director Foster provided a staff report, explaining that the commission had previously recommended approval of this preliminary plat, but it was determined that a 30 foot public use easement was still deeded to the City of Kenai. It was noted that government lots are not platted and this was an unusual situation, and there was no need for public use of the easement. VOTE: YEA: Douthit, Woodard, Greenberg, Fikes, Askin, Twait NAY: MOTION PASSED UNANIMOUSLY. G. UNFINISHED BUSINESS — None. Action/Approval - Recommending the Kenai City Council Enact Ordinance 3287-2022 - Conditionally Donating Certain City Owned Property Described as Tract A Park View Subdivision (KPB Parcel No. 047010118) to the Boys and Girls Club of the Kenai Peninsula for Development of Facilities for Youth Sports, Recreation, Education, After School Care and Other Youth Activities. [Clerk's Note: At the May 11 th Meeting, this Action was Postponed to this Meeting; a Motion to Approve is On the Floor.] Chair Twait noted that at the previous meeting he had been recused from voting, and passed the gavel to Vice Chair Douthit. Director Foster provided an update on the ordinance, noting that at their last meeting the commission had asked for additional information including concept drawings which had been added to the packet. He explained that the zoning is Urban Residential which would require a Conditional Use Permit to operate as a Day Care Center. He clarified that the land use classification is designated as Mixed Use, and provided a definition for Mixed Use. Vice Chair Douthit opened for public testimony. Mayor Brian Gabriel noted that he is the co-sponsor of ordinance, provided clarification on the background of the Boys & Girls Club plans and the donation of funds they received for this project, and explained how this is a chance to facilitate a campus for over a thousand people and create a business environment where Planning & Zoning Commission Meeting Page 2 of 6 May 25, 2022 people will come to the city to spend money. He discussed the safeguards built into the Condit Page 222 donation that will protect the city in case they move in a different direction, and questions about vacation of right-of-way. He noted that the public hearing on this ordinance at the last City Council meeting had the most public comment he'd ever seen on an item, and there was a lot of support. Mike Navarre, Board Member for the Boys & Girls Club, explained how their board had considered alternatives to their plan for this property, and that they are doing their due diligence under a tight timeline as they can't apply for grants prior to obtaining enough property for the project. He noted that this plan isn't ideal nor is it a done deal, but it would be a cost-effective opportunity. Chris Andrews explained that in the packet there is a parking lot where his house is located, and explained that there had been little communication and no agreement as to what would happen with their house. He stated that this was not due diligence and requested clarification on the Boys & Girls Club plans. Jeff Dolifka, President of the Boys & Girls Club, explained his prior communications with Mr. and Mrs. Andrews and clarified that the plans were only preliminary and they will be going in a different direction so they will not need the Andrews property. Kyle Cornellis testified that the issue of the Andrews property speaks to the early nature of the donation request, that the drawings are preliminary and the donation would allow them to go through the process of planning. He noted that the Kenai Community Care Center location on its own would be inadequate so if the land is not donated they will reassess. Sarah Andrews discussed her prior communications with the Boys & Girls Club, expressed concern about how it could affect her property values. She noted that she supports the Boys & Girls Club but hopes that they maintain the greenbelt next to her property and not pave it over. Kristine Schmidt stated that the City does not have a neutral process for land donation, and the one it uses is ad hoc and unfair. She noted that this would not be the best use for the public, and it is ideal for housing which the city needs and would generate tax revenue. She suggested the Boys & Girls Club lease the property. There being no one else wishing to be heard, the public hearing was closed. The commission discussed the possibilities of outreach to see if other parties are interested in this property, subdivision of the parcel to allow for a portion to be sold, road vacation, land quality and potential for residential use. It was suggested that a Whereas be added to the ordinance specifying that a minimum of two acres be donated to the Boys & Girls Club, and the property lines be adjusted later. City Manager Ostrander provided background on the City's recent history of land donation to nonprofits. In response to questions from the commission, Chris Hough explained that the previous suggestion to donate a minimum of two acres and adjust the boundaries later would not work with their timeline for financing and grant application. Without a legal description they could not receive insurance or a loan, and re -platting is a lengthy process. In response to questions from the commission, Kyle Cornellis noted that maximum flexibility is needed from the City; the complete timeframe for the project is not yet known. He noted that even if the land is conditionally donated the project may not work out, in which case the land goes back to the City. He clarified that the grant process would be hindered by longer deliberations. It was noted that it would be prudent to provide outreach and allow others to express interest in the property, as it is a valuable piece of land with a view. The timeframe was considered, and it was noted that there is some urgency with the sale of the Care Center. Planning & Zoning Commission Meeting Page 3 of 6 May 25, 2022 Support was expressed for recommending approval so that the Boys & Girls Club can receive grants, Page 223 because it will provide opportunities for youth and it will bring revenue to the city. It was suggested that there be a waiting period to allow for interest from other parties to be expressed. Director Foster explained there is a process in code for competitive land purchases but noted that there is not guidance for conditional donations. Director Foster clarified how the ordinance has been noticed as public hearing, and will return to the City Council for a final vote to approve. VOTE: YEA: Woodard, Greenberg, Fikes, Askin NAY: Douthit MOTION PASSED. Vice Chair Douthit returned the gavel to Chair Twait. F. PUBLIC HEARINGS Resolution PZ2022-12 - Application for the rezoning of parcels in Basin View Subdivision, Ames Road, and Beaver Loop Road, from Rural Residential (RR) to Rural Residential-1 (RR-1). The application was submitted by Jerry C. Huf, 765 Ames Rd, Kenai AK, 99611 with a petition of a majority of the property owners in the area to be rezoned. MOTION: Commissioner Askin MOVED to approve Resolution PZ2022-12. Commissioner Woodard SECONDED the motion. Planning Director Foster presented his staff report with information provided in the packet explaining that the applicant wishes to rezone 74 parcels. He reviewed the applicant's reasons for rezoning, and noted that the 46 signers met the threshold for a majority. He explained the differences between Rural Residential (RR) and Rural Residential-1 (RR-1), including the more limited opportunities for Conditional Use Permits (CUP) in RR-1. A Comprehensive Plan analysis was provided, and it was noted that staff's recommendation is that the property is suitable for recommending approval to the City Council. Applicant Jerry Huf explained that his main reason for rezoning is to protect the neighborhood from any more businesses that create traffic and impact livability and enjoyment of property. He noted that the neighborhood is highly desirable area for fishing and guiding, and he would like to narrow the opportunities for high use/high traffic CUP businesses and protect the residential environment. He stated that he hasn't spoken to anyone in the neighborhood that opposed rezoning, and he knows he could get more signatures for approval. Chair Twait opened for public hearing. Chuck Eubank noted some previous problems in the neighborhood from businesses, and noted that the proposed rezoning will also affect selected adjoining subdivisions. He stated that the cause for the rezoning application is the lack of enforcement of CUPs and City ordinances. He questioned the applicant's residence in the neighborhood, evidence against CUP owners, and placing of speed signs on electrical poles. He stated that the rezoning will cost the subdivision businesses that generate income. Charlotte Coots spoke in support of rezoning, noting that from previous Board of Adjustment hearings that the City does not enforce covenants, and that CUPs are not being overseen once the permit is granted which has caused problems. She stated that rezoning will help to protect the neighborhood from high -traffic businesses. Planning & Zoning Commission Meeting Page 4 of 6 May 25, 2022 Page 224 Francis Eurick spoke in support of rezoning, noting that it will preserve the stability of the neighborhood. Jim Richardson spoke in support of rezoning, noting concern with CUPs that are not being enforced and that they cause problems for adjoining property owners. He explained the issues he has had with a neighbor that has a CUP, and that others have seen this and want to protect their neighborhood from this happening. Charlotte Coots noted that her husband had submitted the photos and email comment provided in the laydown, which she said show clients on the property of someone who told the City that he was not running a business out of his home. She stated that this is an example of what her neighborhood wants to be protected from. Mack Padgett explained that he supports the rezoning application because he wants to fight CUPs, which have become a problem in the Beaver Creek neighborhood. Carol Padgett questioned whether City staff considered covenants when reviewing Planning & Zoning applications. She stated her support for rezoning the neighborhood. Jerry Huf stated that CUPs do not improve property values in the neighborhood, and that the priorities of the Comprehensive Plan support livability and enjoyment of property. He responded to questions raised during earlier comment about posted speed signs, and noted that he only has issues with high use/high traffic CUP businesses. He reiterated that he wants to protect his neighborhood as residential, and clarified who in the neighborhood he spoke with. Kristine Schmidt noted that she participated in the development of this zone. She stated that the City's decision not to consider covenants is a policy decision, and they could be considered under non- economic value. She explained the background and intent of the RR zone, and that it was the least restrictive. She stated that she hoped the commission would honor the wishes of the neighborhood and support rezoning. MJ Loveland clarified that people who didn't sign the position were neutral on rezoning, not against it. She stated her support for rezoning. There being no one else wishing to be heard, the public hearing was closed. The commission discussed the types of businesses that would still be allowed in RR-1, the allowed uses per the Land Use Table. It was clarified that Airbnbs could fall under different categories of short term rentals, and definitions for Cabin Rentals and Bed and Breakfasts were considered. Preference was expressed for confirming the support from property owners who didn't sign, and if not it was suggested that the boundary line be moved. Support was expressed for rezoning based on the amount of public support. Clarification was provided that the commission evaluates an application based on the information provided in the packet. It was noted that the commission was providing a recommendation to City Council, who would hold another public hearing on the application. VOTE: YEA: Greenberg, Fikes, Askin, Twait, Douthit, Woodard NAY: MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS — None. Planning & Zoning Commission Meeting Page 5 of 6 May 25, 2022 Page 225 J. REPORTS 1. City Council —Vice Mayor Glendening reported on the actions of the May 18, 2022 City Council Meeting. 2. Kenai Peninsula Borough Planning — Commissioner Fikes reported on the actions of the May 23, 2022 Kenai Peninsula Borough Planning meeting. 3. City Administration — Planning Director Foster reported on the following: • The next Planning & Zoning Commission meeting on June 8, 2022 will include a town site historic development and a Special Use Permit for the Moosemeat John Cabin; • Provided an update on the outstanding code violation for bowling alley; • Board of Adjustment appeal hearing has been scheduled for May 31, 2022; • Waterfront presentations in the Informational Items. K. ADDITIONAL PUBLIC COMMENTS— None. L. INFORMATIONAL ITEMS 1. Waterfront Project Presentation (May 2-3) M. NEXT MEETING ATTENDANCE NOTIFICATION 1. June 8, 2022 N. COMMISSION COMMENTS & QUESTIONS Vice Chair Douthit noted that he had received signification feedback from the community on the Boys & Girls Club land donation. Chair Twait recognized the recent school shooting in Texas, and encouraged the commission to write letters to the school board to change building entrances. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 10:08 p.m. Minutes prepared and submitted by: Meghan Thibodeau Deputy City Clerk Planning & Zoning Commission Meeting Page 6 of 6 May 25, 2022 KENAI PLANNING & ZONING COMMISSION — Page 226 REGULAR MEETING JUNE 8, 2022 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on June 8, 2022, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. 3. Agenda Approval J. Twait, A. Douthit, G. Woodard, D. Fikes, V. Askin, G. Greenberg J. Halstead Planning Director R. Foster, City Attorney S. Bloom, Vice Mayor J. Glendening, Deputy Clerk M. Thibodeau MOTION: Commissioner Halstead MOVED to approve the agenda as written. Commissioner Fikes SECONDED the motion. There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda. Commissioner Fikes SECONDED the motion. There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a commission 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. 5. *Excused Absences — J. Halstead B. APPROVAL OF MINUTES C. SCHEDULED PUBLIC COMMENTS— None. D. UNSCHEDULED PUBLIC COMMENTS — None. City of Kenai Planning & Zoning Commission Meeting Page 1 of 3 June 8, 2022 E. CONSIDERATION OF PLATS — None. Page 227 F. PUBLIC HEARINGS — None. G. UNFINISHED BUSINESS — None. H. NEW BUSINESS 1. PZ2022-13 — Townsite Historic Review 508 Mission Avenue MOTION: Commissioner Askin MOVED to adopt Resolution No. PZ2022-13. Commissioner Fikes SECONDED the motion. Director Foster provided a staff report as provided in the packet, explaining that the applicant wants to relocate the Hermansen/Miller House to 508 Mission Avenue because it is in danger of falling of the bluff at its current location. The proposed new location is in the Kenai Townsite Historic District (TSH); the criteria for the TSH zoning district was reviewed and it was noted that the application met the criteria and City staff recommends approval subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to commencement of construction, the owner shall be required to obtain a Building Permit. 3. Prior to issuance of a Building Permit for the proposed construction, a Landscape/Site plan must be reviewed and approved by the Planning Director. Jonathan Thornton, owner of the Hermansen/Miller House clarified that the siding is metal and not vinyl. He explained that his intention is to save this historical building which is in danger of falling off the bluff and relocate it to a part of town where it will add historic beauty and value. In response to questions from the commission, Mr. Thornton clarified that he is not yet certain what the building's use will be but could potentially be used for vacation rentals; that the building is currently eight feet away from the bluff and further erosion will prevent the building from being moved; that the old foundation will be filled in after the building is moved. Director Foster explained that the structure is historic but has been modified enough that it cannot be a nationally registered structure, and is a different time period than the other buildings in the area it's being moved to. The commission discussed more modern buildings that have been built in the TSH, and it was noted that they would have gone through the TSH review process and would have to fit in as best they can with the historic district. Jonathan Thornton explained how the building would fit in aesthetically at the new location, and the meaning of acquiring national registry status for historic buildings. He clarified that there will be a plaque onsite at the new building location, and discussed potential solutions for creating road access. VOTE: YEA: Askin, Woodard, Douthit, Fikes, Greenberg, Halstead, Twait NAY: MOTION PASSED UNANIMOUSLY. 2. Action/Approval - Special Use Permit for Kenai Chamber of Commerce and Visitor Center for the Moosemeat John Cabin MOTION: Commissioner Halstead MOVED to recommend City Council approve the execution of a special use permit to the Kenai Chamber of Commerce and Visitor Center for the Moosemeat John Cabin. Commissioner Askin SECONDED the motion. Planning & Zoning Commission Meeting Page 2 of 3 June 8, 2022 Director Foster provided a staff report noting that that this Special Use Permit has been provided o Page 22s annual basis for several years, and this is a continuation without any major changes. The commission discussed why this is an annual SUP instead of a lease, and Director Foster clarified that a SUP can allow for more flexibility and may be a better option for the Chamber. It was suggested that the maintenance needed for the building, if appraised for a certain amount, could count towards the improvement value requirements for leasing City -owned land. VOTE: YEA: Douthit, Woodard, Greenberg, Fikes, Askin, Twait NAY: MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS — None. J. REPORTS 1. City Council — Vice Mayor Glendening reported on the actions of the June 1, 2022 City Council Meeting. 2. Kenai Peninsula Borough Planning — No report. 3. City Administration — Planning Director Foster reported on the following: • The appellant for the May 31, 2022 Board of Adjustment meeting withdrew their appeal; • A Board of Adjustment meeting has been scheduled for June 20, 2022; • The next Planning & Zoning Commission meeting on June 8, 2022 will include a conditional use permit for a restaurant and brewery, a preliminary plat, and an application for competitive land purchase. K. ADDITIONAL PUBLIC COMMENTS— None. H. INFORMATIONAL ITEMS 1. Charles Eubank Letter Dated May 30, 2022 The commission discussed the optics and ethics of talking to the public during an at -ease during a meeting. NEXT MEETING ATTENDANCE NOTIFICATION 1. June 22, 2022 J. COMMISSION COMMENTS & QUESTIONS Commissioner Askin reminded everyone to stay safe in the sun. K. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:15 p.m. Minutes prepared and submitted by: Meghan Thibodeau Deputy City Clerk Planning & Zoning Commission Meeting Page 3 of 3 June 8, 2022 Page 229 mmmmmmmmmmmmmmmm City of Kenai 1 210 Heal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: May 11, 2022 SUBJECT: Kenai Municipal Airport (ENA) Mid -Month Report First Flight! Kenai Aviation's First Flight departed ENA Monday morning, May 2, 2022. Kenai Aviation is flying two roundtrip flights between ENA and ANC Monday through Friday. My Alaskan Gifts My Alaskan Gifts opened on Monday, May 2, 2022. They are located in the terminal next to Brothers' Cafe. My Alaskan Gifts features local, Made In Alaska, gifts that are sure to please all of your hard -to - shop -for family and friends. They are currently open at 4 o'clock a.m. Monday through Friday to serve coffee to early morning travelers until 8 o'clock a.m., and reopening from 12 o'clock p.m. till Page 2 of 2 Airport Mid -Month Report Enplanements 2022 passenger enplanements remain higher than the previous year but below pre -pandemic levels — up 35% YTD compared to 2021. Parking Revenue Parking revenue for the month of April surpassed 2019 parking revenue for the same month. Parking revenue continues to trend toward pre -pandemic numbers — up 78% YTD compared to 2021. FNA P.,kmg Page 2 of 2 Page 230 Page 231 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: May 11, 2022 SUBJECT: Kenai Municipal Airport (ENA) Mid -Month Report First Flight! Kenai Aviation's First Flight departed ENA Monday morning, May 2, 2022. Kenai Aviation is flying two roundtrip flights between ENA and ANC Monday through Friday. My Alaskan Gifts My Alaskan Gifts opened on Monday, May 2, 2022. They are located in the terminal next to Brothers' Cafe. My Alaskan Gifts features local, Made In Alaska, gifts that are sure to please all of your hard -to - shop -for family and friends. They are currently open at 4 o'clock a.m. Monday through Friday to serve coffee to early morning travelers until 8 o'clock a.m., and reopening from 12 o'clock p.m. till Page 2 of 2 Airport Mid -Month Report Enplanements 2022 passenger enplanements remain higher than the previous year but below pre -pandemic levels — up 35% YTD compared to 2021. Parking Revenue Parking revenue for the month of April surpassed 2019 parking revenue for the same month. Parking revenue continues to trend toward pre -pandemic numbers — up 78% YTD compared to 2021. FNA P.,kmg Page 2 of 2 Page 232 Page 233 1 '�S, 1AZE 11 1A11111111 City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6nai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica "JJ" Hendrickson, Animal Control Chief DATE: June 6, 2022 SUBJECT: May 2022 Monthly Report This month the Kenai Animal Shelter took in 3M animals. Animal intake and disposition: DOGS: INTAKE 17 DISPOSITION 10 Waiver 7 Adopted 3 Stray 6 Euthanized 0 Impound 0 Claimed 6 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 1 Microchips 1 Other Dispositions 0 Other Intakes 3 CATS: INTAKE 13 DISPOSITION 11 Waiver 3 Adopted 6 Stray 9 Euthanized 0 Impound 0 Claimed 0 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 5 Page 234 Microchips 0 Other Dispositions 0 Other Intakes 1 0 OTHER ANIMALS: INTAKE 0 DISPOSITION 0 Chinchilla 0 Chinchilla 0 Rabbit 0 Rabbit 0 Other 0 Guinea Pig 0 DOA: 5 OTHER STATISTICS: Dog 1 Licenses (City of Kenai Dog Licenses) 17 Cat 4 Rabbit 0 1 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 3 Animals are known borough animals 2 Animals are known City of Kenai 6 Animals are known City of Soldotna 0 Animals from unknown location 36 Field Investigations & patrols r Volunteer Hours Logged Citations Educational Outreach Statistical Data: 369 2020 YTD Intakes 257 2021 YTD Intakes 164 2022 YTD Intakes On May 14th, 2022 the Kenai Animal Shelter hosted a rabies vaccination clinic and 192 animals signed up to receive their rabies vaccination. Page 2 of 2 Page 235 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: June 7, 2022 SUBJECT: Finance Department — June 2022 Mid -month Report With the passage of the FY23 Budget at the June 111 Council Meeting, the department has been making changes and compiling the document for printing. The document is expected to be available for distribution next week. The Department's focus will now be switching to closing FY22 and completion of the City's Annual Comprehensive Financial Report. This process includes closing of the FY22 financial records, fiscal year end grant reporting and finally financial statement preparation. The annual audit is scheduled for the week of October 3rd The 2022 Personal Use Fishery is quickly approaching and we will be working to assist Parks and Recreation staff to train seasonal employees to work in the dipnet shacks. We have been working closely with our software programmer to update the shack attendant software and to update the dipnet app. The department, working with Christine in Human Resources, is completing open enrollment for employee benefits. This process included meetings with employees, staff, and the City's broker, Marsh & McLennan Agency. Page 236 MINNEW mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: June 6, 2022 SUBJECT: Fire Department Mid -Month Report — May Calls for service for May increased from 2021 calls, and all areas of service are up compared to this time last year. Here is the breakdown for May 2022. 2,021 2022 % cJhain,ge t3y tots 110 1_27 1_5,'S � EMS 79 95 20., 1a �A II II Ot lh e it 31 �,. 2�1% Y'eair tota 544 591. 66`,,% Training: • Engineer Scott Summers attended a Command and Control of Shipboard Firefighting course in Anchorage, sponsored by Anchorage Fire Department. • All department personnel attended a lab day at the Kenai Peninsula College as they are finally open to have Fire Departments return to their facility for training with new equipment. • We brought the rescue boat out of storage and have begun review of operation as well as preparing for an upcoming Boat Operators Course the week of June 201n • Engineer training and integrating wildland fire operations with structural apparatus continued as we are in the peak of Alaska's wildfire season. Projects/Grants: • We are now in the last month of our Community Funding Grant to provide Vaccinations, Testing, and COVID Leave which will end on June 301n • We are continuing work with the Division of Forestry on the grant that will provide funding to staff and support a slash disposal site, and are moving forward with other potential projects supported in the CWPP. • RFP's for a new ambulance were collected and scored with Braun NW receiving the highest score on their bid. Page 237 • We have completed the draft of the Emergency Operations Plan and it has been sent to the State of Alaska for approval. Once we have approval from the State, we will be bringing it to the Council for their approval. Page 2 of 2 Page 238 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Christine Cunningham, Human Resources Director DATE: June 9, 2022 SUBJECT: Human Resources Activity — May 2022 Recruitment The Human Resources Department worked with departments to actively recruit for the following positions: Airport Operations Specialist, Building Maintenance Lead Technician, and multiple temporary Parks and Rec summer maintenance and Personal Use Fishery positions. Applications continue to trend low, with all job postings requiring an extension to allow for a larger applicant pool. Training All City employees were enrolled in an online training program provided through the City's insurer to meet City-wide training requirements. Employees completed 161 hours of training on Harassment Prevention and Hazard Communication at no additional cost to the City. Safety One Accident was reported that resulted in a near -miss, and no Workers' Compensation claims were filed for this or any other work -related illness or injury. Employee Recognition and Awards The following employees received certificates of appreciation in recognition of their years of employment with the City: 5 years: Nick Franklin, James Hegar, Carol Prior, Paul Ostrander; 10 years: Dan Castimore; 15 years: Erica Brincefield, Janina Efta, Pete Coots, Justin Horton; 20 years: Ben Langham, Jay Sjogren; and 25 years: Kathy Romain. Special Projects Human Resources worked with Finance to recommend renewal of the City's employee health insurance and life insurance plans, began communications on open enrollment with employees, finalized work on FY23 classification plan recommendations, and worked with multiple departments to update position descriptions and organizational charts. The City is currently recruiting for the following positions: • Water & Sewer Operator 1/11 Building Maintenance Lead Technician City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: June 7, 2022 SUBJECT: Library Mid -Month Report for May 2022 May 2022 at a Glance Items Borrowed May-21 May-22 2022 YTD Physical 4,365 5,611 30,099 Digital 1,509 1,576 7,621 Services New Memberships 32 47 232 Room Reservations n/a 120 589 Rrcqrams Number of Programs 13 26 131 Program Attendance 155 363 1,859 "T e cl4 a o 11 o g,�j ,,,,�y Sessioa!"m Computer sessions 348 457 2,387 WiFi Sessions 3,866 7,606 34,492 Early Literacy Station Sessions n/a 239 987 May 2022 programming highlights • 25 in -person programs — 363 attendees * 4 Story Times (average of 26 participants per program) * 4 Class Visits (85 total attendees) * 4 Lego Clubs (average of 16 participants per program) * Escape Room: Smuggler's Cantina (54 participants) Page 240 ■ Star Wars Trivia (6 participants) ■ Raspberry Pi STEAM Club (5 participants) ■ DIY Spruce Tip Jelly (6 participants) o 1 DIY program ■ Tiny Art Show (33 amazing pieces of art submitted) May 2022 library services highlights • Volunteers logged 24 hours this past month. Tasks included shelving, SRP preparations, and program support. • Our study and conference rooms were used by 120 individuals/groups for a total of 256 hours. • Our annual Summer Reading Program started May 18th. This year's theme is "Oceans of Possibilities." Our Summer Food Program will run from June 6ch to August 5th. The program, made possible by the Food Bank of Alaska, will provide free lunch to children 18 and under. For more info on these events, please visit https://www.kenai.city/library/page/summer® reading®2022 Page 2 of 2 Page 241 mmmmmmmmmmmmmmmm City of Kenai 1210 Heal e Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixily MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Brad Walker, Parks & Recreation Director DATE: June 8, 2022 SUBJECT: Mid -month Report — May 2022 Three of our summer crew members started May 9th with six more scheduled to start May 23rd. Everyone is settling into their role and increasing their familiarization with areas maintained. We are pleased with the team assembled to date. We have interviews scheduled throughout the month of May, this includes interviewing for PU Fishery positions, and interviewing for a Slash site position and three trail crew members. We are anticipating being fully staffed this year for both Parks and PU fishery positions. Most of the flowers will be ready for planting by the first week of June. We have a volunteer planting date scheduled for June 4th. The wildflower hill is scheduled to be hydro -seeded May 15tn The Kenai Little League and Kenai Softball Association are both up and running. Local soccer programs are in full swing as well. We are partnering with the Little League to install the new scoreboard. This project is scheduled to start June 13th. This project has been in the works for over a year. We have all the materials to install the Little Free Libraries, these are scheduled to be installed starting the first week of June. We also will be installing a poetry walk for the Library starting the third week of June. We worked with the Kenai River Disc Golf Club to prepare for their Kenai Disc Golf invitational on May 21 st and 22nd The department partnered with the Chamber of Commerce for a community clean-up day on May 21st from 10am-12pm with a cookout afterwards. We had 40 volunteers show up for our community clean-up day collecting over 100 bags of trash. Alaska Waste donated a 20 yard roll off for us to use for this event. Lions Club provided food and cooked out for the event. Odom corporation provided drinks for the event as well. Page 242 We had a total of 10 shelter reservations for the month of May. All vault toilets are scheduled to be pumped out the first week of June as this did not happen last year. We are working with the Street Dept. on getting a slash site open for the Kenai public to use. We started interviews for this position on May 16th. The slash site is scheduled to open June 2nd. The hours of operation will be Thursday — Sunday 10am to 6pm. Slash Site update as of June 9tn: Total number of visits: 50 Total estimated acres treated: 14 acres Page 2 of 2 Page 243 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: June 6, 2022 SUBJECT: Planning and Zoning May 2022 Report Planninq and Zoninq Commission Agenda Items and Resolutions On May 2 and May 3, 2022 the Planning staff assisted our consultant team, McKinley Research Group, with the Kenai Waterfront Revitalization Community Concepts Meetings. • On May 11, 2022 the Planning and Zoning Commission held a work session to discuss conditional use permits. On May 11, 2022 the Planning and Zoning Commission approved the following meeting agenda items: o Resolution PZ2022-11 - Application for a Conditional Use Permit for a Day Care Center, for the property described as Lot 1 Blk G Woodland Sub Pt I, located at 502 Ash Avenue, Kenai, Alaska 99611. The application was submitted by Stephanie Nella Lenzini-LeBaron, 502 Ash Avenue, Kenai, Alaska 99611. o Action/Approval - Recommending the Kenai City Council Adopt a Resolution Approving the Updated 2022 Kenai Peninsula Borough Community Wildfire Protection Plan. o Action/Approval - Recommending the Kenai City Council Adopt Resolution No. 2022-XX — Approving the Execution of a Lease to Swanson Properties, LLC for Lot 6, Block 5, General Aviation Subdivision No. 1 Amended. • On May 11, 2022 the Planning and Zoning Commission postponed the following action approval agenda items to the May 25, 2022 meeting: o Action/Approval - Recommending the Kenai City Council Enact Ordinance 3287-2022 - Conditionally Donating Certain City Owned Property Described as Tract A Park View Subdivision (KPB Parcel No. 047010118) to the Boys and Page 244 Girls Club of the Kenai Peninsula for Development of Facilities for Youth Sports, Recreation, Education, After School Care and Other Youth Activities. • On May 25, 2022 the Planning and Zoning Commission approved the following meeting agenda items: o Resolution PZ2022-12 - Application for the rezoning of parcels in Basin View Subdivision, Ames Road, and Beaver Loop Road, from Rural Residential (RR) to Rural Residential-1 (RR-1). The application was submitted by Jerry C. Huf, 765 Ames Rd, Kenai AK, 99611 with a petition of a majority of the property owners in the area to be rezoned. o Action/Approval - Recommending the Kenai City Council Enact Ordinance 3287-2022 - Conditionally Donating Certain City Owned Property Described as Tract A Park View Subdivision (KPB Parcel No. 047010118) to the Boys and Girls Club of the Kenai Peninsula for Development of Facilities for Youth Sports, Recreation, Education, After School Care and Other Youth Activities. o Action/Approval - Recommending the City Council Approve Resolution No. 2022-XX to record a document divesting the City's interest in the Deeded thirty foot (30') strip public use easement lying along the North boundary of Lot 35, Section 6, Township Five North, Range Eleven West, Seward Meridian Buildinq Permit and Site Plan Reviews Planning and Zoning staff reviews all Building Permits for compliance with the zoning code. The Department conducted six Building Permit reviews in May, 2022 and two Landscape/Site Plan applications. Code Enforcement Eight new code enforcement cases were opened in May, 2022. City Council Agenda Items • On May 4, 2022, Kenai City Council approved the following agenda items: o Resolution PZ2022-27 - 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. (Administration) o Action/Approval - Special Use Permit to Weaver Brothers, Inc. for Truck Trailer Storage. (Administration) • On May 18, 2022, Kenai City Council approved the following agenda items: o Resolution PZ2022-33 - Approving the Vacation of a 60' Wide Right of Way and Associated Utility Easements in Jaynes Subdivision, Big Mike's Addition, as Granted by Plat K-2015-99, and Bridge Road Subdivision 2019 Replat as Page 2 of 3 Page 245 Granted by Plat K-2020-15, Located Within Section 4, Township 5 North, Range 11 West, Seward Meridian, Alaska, and Determining the Right of Way and Utility Easements are Not Needed for a Public Purpose. (Administration) City Leases The City received two competitive land lease applications in May, 2022. Page 3 of 3 Page 246 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: June 6, 2022 SUBJECT: Police & Communications Department Activity — May 2022 Police handled 615 calls for service in May. Dispatch received 276 9-1-1 calls. Officers made 70 arrests. Traffic enforcement resulted in 256 traffic contacts and 65 traffic citations. There were 11 DUI arrests. Officers investigated 5 motor vehicle collisions in May. There were no collisions involving moose and no collisions involving drugs or alcohol. One new KPD officer continued his academy training in Sitka through the entire month of May and is anticipated to graduate at the end of June. Two officers attended a three day crime conference in Anchorage. One officer attended a two week `Use of Force Instructor' course in Anchorage. The School Resource Officer (SRO) attended graduations for both Kenai Central High School and Kenai Alternative High School. The SRO participated in intruder response drills (ALICE) at Mountain View Elementary School and Kaleidoscope Elementary School. The SRO also helped conduct Bike Rodeos at Mountain View and Kaleidoscope. The Department completed its submissions for accreditation and is anticipating an onsite visit from Oregon Accreditation Alliance in June, as part of the process. Page 247 mmmmmmmmmmmmmmmm City of Kenai 1 210 Heal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6naixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: June 2022 SUBJECT: Mid -Month Report; Public Works / Capital Projects Kenai Municipal Airport Sand Storage Facility — Orion Construction is currently under contract in the amount of $2,289,000. The project has experienced extreme supply chain issues. March 81h had meeting with City Staff, FAA, and HDL Engineering to discuss alternatives. Held Meeting May 12, 2022 with Orion Construction and City personnel to discuss ongoing project issues. Update: June 7t" received confirmation from Orion that Steel Building is now on order through Superstructures, wall and roof panel submittals are in process. Kenai Municipal Airport Airfield Drainage — Project consists of the replacement of approximately 500 If of failing storm water pipelines located in the safety area off the northern end of the runway. 10/13/21 Contract Documents were executed with BMGC LLC in the amount of $360,225. Airport staff has requested this project hold off until spring for operational concerns. Update: With the addition of Kenai Aviation to the airport the availability of runway closure times has been further reduced. Staff is working to reduce the length of the available runway for a limited period of time, three weeks range, to allow the contractor to work with minimal limitations within the project area. This will slightly delay the start of the project to allow for the required notifications to take place. Update: a monitoring well was installed to verify water table elevation in the project area on June 6t". Conditions continue to be monitored, work anticipated to start later this summer as conditions allow. Kenai Municipal Airport Snow Removal Equipment (SRE) — Update: This equipment is on order and dependent upon supply chain logistics will likely arrive in spring 2022. Update: Delivery of unit has experienced slight delays with mounting the blower head to the tractor. Equipment is currently scheduled for Late June completion/ship date and arrival in Kenai in July. • Kenai Municipal Airport Runway Rehabilitation Project — This project known as Task 4 within HDL Engineering Consultants LLC term service agreement with the City shall provide an initial hso Page 2 of 7 Public Works Mid -Month Report Page 248 assessment of the current condition of the airport runway. This will include geotech work, coring numerous locations of the runway. This work will provide the necessary information to coordinate with the FAA to seek grant funding for an overall runway rehabilitation project which will ultimately include the runway, taxiways, drainage, lighting, markings, etc. Once the conditions report is received, which fiscal year the project will likely need to take place will be determinable. This initial assessment and corresponding design work to an anticipated 35% level of completion has been contracted at a total cost of $250,000 and is expected to be completed by the end of the calendar year. Update: On August 41h HDL Engineering and staff successully completed geotech borings of the runway after hours. On October 131h HDL Engineering, City staff and the FAA discussed the findings of the geotech report. On December 6, 2021 the City received the draft Engineer's Design Report (EDR) along with the draft Geotechnical Report. Staff is reviewing the documents in house in preperation for formal discussion with the FAA in February. Project remains on schedule and within budget at this time. Contract Amendment is pending to add additional services to take the project from the current Preliminary Design to completed bid ready construction documents. Council can expect to see legislation at the next Council Meeting in early April. Ordinance 3278-2022 was approved on April 201h to secure HDLs services through Bid Phase with a contract amendment of $781,833 executed on May 6, 2022, bringing the total cost of design to $1,031,833. Waste Water Treatment Plant Replacement Sludge Press — Resolution 2020-95 approved at the December 16, 2020 Council meeting authorized HDL Engineering to begin the Design Phase of the WWTP Replacement Sludge Press. Contract Documents were executed on January 6, 2021 with a Notice to Proceed issued on January 11, 2021. A Request for Proposals from press manufactures was released on April 27, 2021 with proposals due on May 251h, 2021. Resolution 2021-42 to award an equipment purchase agreement to Andritz Corp in the amount of $285,000 was approved by Council at the June 16, 2021 meeting. The screw press is on order and is expected to arrive in Kenai in July. Update: Construction Documents are now complete and a formal Invitation to Bid was released on June 7th, 2022. Council can expect legislation at the July 6t" meeting to award a Construction Agreement. fli • Kenai Wellhouse Relocation — Contract was executed with Polar North Construction on August 4, 2021 in the amount of $243,172.25. Site clearing and pad preparation has been completed. Update: Polar North is actively working on the project. Utilities have been disconnected, new foundation is now complete. Contractor is planning on moving the building fully assembled and placing on the new foundation within the next 30 days. Lift Station Renovations — Resolution 2021-58 awarded HDL Engineering agreement in the amount of $59,560 to provide bid ready construction documents for three lift stations. HDL Page 3 of 7 Public Works Mid -Month Report Page 249 has completed on site evaluations and are nearing completion of three sites to receive upgrades. These locations included the stations at mile posts 13 and 14, which are near the soccer fields and Spur / Redoubt Ave respectively, as well as a station on Lawton Drive. These locations are intended to receive new pumps and pump control panels as part of this project. Update: After determination of which lift stations would receive renovations to start, a design meeting was held on 12/3/21 to discuss pump and control panel design. Basis of design memo received on January 6, 2022. Update: Design documents are at 65% and continue toward 95% completion. Expecting bid ready construction documents in July 2022. • Mission Avenue Water Main — HDL is developing documents to address a water main that is nearing the bluffs edge along Mission Ave. This project will isolate a portion of the main in this area in anticipation of the piping eventually eroding down the bluff's edge. Installation of several new valves and relocation of two individual services are required with this work. Documents are pending completion, and will be released for Bids immediately after they are received and reviewed. The project will attempt to wait until spring for contractor's to start work if the conditions allow. Project Documents are at 100% completion. Project is being released for bid on March 101h with bids due on March 31 st. Resolution 2022-12 was approved at the last meeting which completed a budget transfer to allow the project to be bid. Work will take place as weather allows in the spring. Resolution 2022-24 to award a construction contract to Fosters Construction is in the packet for April 20, 2022 council approval. Work is expected to take place in May/June. Foster's Construction is actively providing submittals and work is schedule to begin approximately June 131h. Update: Contractor is experiencing some minor delays in obtaining materials, project will likely be delayed a week for starting. • Bryson Ave. Bluff Erosion Repair — Project was released for Construction Bids on July 29, 2021 with bids due on August 19, 2021. Fosters Construction was the winning bidder at a cost of $309,775. Contract documents were executed with Fosters on September 20, 2021 and work began immediately. As of October 13, 2021 work is largely completed with the exception of topsoil and hydro -seed which will wait until spring. Change Order 1 was executed on December 27, 2022 in the amount of $69,397.50 bringing the total contract amount to $379,172.50. Project will be complete after top soil and seed work are completed in the spring. Update: 617121 Engineer is coordinating with Contractor, topsoil was delivered to site and did not meet specifications. Once resolved hydro -seed shall be placed. Expecting completion of work within the next 30 days • Multi -purpose Facility — The Building Maintenance Department went through the Ice Rink and pressure washed all of the algae that has been growing on the steel beams. Nelson Engineering was also able to come out and assess the structure and condition of the rusting. Formal report was received on October 6, 2020. Staff began repair work on the ice rink starting May 2nd, An aerial lift is being used to apply 100 gallons of Ospho rust reformer and 200 gallons of POR15 rust preventive finish coating to the steel elements within the ceiling. Staff continues working on ventilation improvements with planned upgrades to exhaust fans pending, to assist with humidity control. Update: The project is currently tracking on time and on budget, 50% of the roof purlins have been coated to date with final completion of them by July 8r". • USACE Bluff Erosion —Council approved Resolution 2021-35 at the June 2, 2021 meeting awarding an agreement to HDR along with issuance of a purchase order in the amount of $791,832.68. Design services are expected to run approximately twelve months to provide Page 4of7 Public Works Mid -Month Report Page 250 bid ready plans and specifications. July 6, 2021 the formal agreement between the City of Kenai and HDR was executed. On August 11, 2021 the City Manager and Public Works Director met and walked the project site with representatives from the Army Corp of Engineers including the Regional Commander in charge of the project. Project kickoff meeting with Engineers was conducted on August 191h at 3:00pm. On August 291h the Data Collection Plan was received. Detailed work plan has been received by HDR, Data Collection of existing site condition is now complete. On October 4, 2021 a project meeting was held providing updates on data collection progress. On January 2, 2022 the City received 35% Design Documents from HDR, staff was able to review those documents with HDR uploading them to the Corps website on January 251h. Comments were received by the Corps over several days with a formal response to questions provided back to the Corps on February 91h. On February 101h a meeting was conducted with the Corps, HDR and the City to discuss review comments. On March 3rd federal funding in the amount of $650,000 was received by the USACE to be used toward the design effort of the project. This allows Corps staff to bill time to the project in support of our efforts. On March 101h the City submitted a letter for Request for Work in Kind, to cover the expenses the City has incurred through HDR Engineers Inc. in the amount of $248,676.73, which covers progress from July through November 2021. On March 251h meeting with USACE reps where full team of Corp reps are being introduced to the project in anticipation of providing full project review support. 65% Docs are on track for receipt by May 111h from HDR Engineering. 65% Design Docs were received ahead of schedule on April 281h Staff and USACE counterparts are actively reviewing the documents. The documents have been uploaded to the City website under the Public Works page and are available for review by the public. Below is one example of proposed wall section. Update: Value Engineering Workshop is scheduled with USACE for June 21-24 at JBER. This will complete the requirement of completion of a VE Study for the project. 5'0 50 440 30 20 10 0 -'10 50 50 44 D 30 20 10 D -10 -20 -10 0 1 D 20 30 440 50 60 70 00 90 100 EXIS71NG BLUFF (SLOPE VARIES9TYP.) ..... ......... VAR E.S. (TYP' I ......... VARIES 21.0' (TYP..,} (Tyip.; I sH rV (rrP p a a' r,TYP � w EL«111,5 gTYP ) EL +13 5 �1 ARMOR ROCK (T(P ) ,.... t 2H:1V (TYR ) Tti"P l 20 Yea �� va NOTE S ..mm SEE hJ�G, CORE E-EDDIIYJROCKgT`^fP h ,..� EX r ISTINAPPROGROUND,'..... GROUND,,.... ,... ...., ..., ROCK (T IP.) .... � � ... .... .... (SLOPE. VARIES)r� — Page 5 of 7 Public Works Mid -Month Report Page 251 Cemetery Expansion — This project is located at the corner of First Ave and Float Plane Rd and will provide for additional burial space as the existing adjacent cemetery has reached capacity. The Public Works Department using in house personnel has already cleared, leveled and graded the site, and placed and compacted a gravel sub -base for the parking area. Update: the Cemetery site has been fine graded and grass seed and fertilizer placed. Staff has successfully surveyed in 64 adult plot sites and 12 infant plot sites. These sites are available through the Clerk's office. Additional sites will be available in the summer 2022 after installation of HEA power and irrigation well have been installed. HEA is developing design documents for City approval to bring in a 100amp electrical service to the property from off of Second St. Update: Procurement documents for Fencing and Asphalt is in progress. Recreation Center Improvements — The Public Works Department released an RFP on November 18, 2021 with proposals due on December 10, 2021 to provide professional AE services for the Kenai Rec Center. This project will provide a code assessment of the facility, architectural drawings for a complete roof replacement of the facility, and mechanical / electrical drawings for the replacement of aging HVAC equipment. Update: Resolution 2022- 06 was approved at the 1/19/22 council meeting to award a design agreement to K+A Design Studios in the amount of $92,085. Design agreement has now been executed and project meetings are set to begin in mid -February. Resolution 2022-09 within the February 161h packet is combining funding from several smaller projects into this one larger one. Update: On March 21st the design team provided the code assessment for the facility identifying several issues which are under review by Public Works Staff. Update: Design continues toward 95% anticipating bid ready documents end of June 2022 for a formal bid release 1st week of July. Kenai Fire Department Floorinq Replacement — This project will be replace aging flooring materials within the station. Based on the age of the facility and previous encounters with asbestos, a Proposal Quote Request was released on 12/1/21 with proposals due on 12/10/21 to sample and test for asbestos containing materials within the proposed work area. Contract was awarded on 12/20/21 with a Notice to Proceed granted on 1/11/21 with report due back to City on 2/14/22. The results of the testing will determine our next course of action. If asbestos is discovered steps to conduct abatement will need to be completed prior to replacement of flooring materials. The testing costs are $4,112 at this time. May 18th council meeting has an Ordinance requesting an additional $20,000 in supplemental funding to complete abatement and allow the project to proceed. Update: Supplemental funding approved and request for quotes is in progress to complete the asbestos abatement previously identified. Visitor Center Roof Replacement — Request for Proposal Documents are pending to obtain professional services to provide bid ready construction documents for the planned roof replacement at the Visitors Center. RFP release is anticipated for late January 2022 to provide for shingle replacements during the summer months 2022. Update: A Proposal Quote Request was released on January 25th with proposals due on February 15th to provide Bid Ready Construction documents for this project. Council can expect to see legislation in March awarding the design agreement. Update: K+A Architecture was the successful proposer and 95% design documents were provided for staff review on May 31, 2022. Invitation to Bid for construction is anticipated for the week of June 13t", 2022. Page 6 of 7 Public Works Mid -Month Report Page 252 • DOT Kenai Spur Highway to Sports Lake Rd — In speaking with representatives from DOT on June 10, 2021, it is my understanding this project will likely be released for construction bids in late fall 2021 for an anticipated construction start of Spring/Summer 2022. This project is intended to continue the widening of the roadway similar to the previous project that extended to approximately Swires Rd. Nothing new to report at this time. DOT Bridge Access Road Bike Path — Council passed Resolution 2021-53 on August 4, 2021 authorizing the City Manager execute a memorandum of agreement with DOT for design, construction, and maintenance of the Kenai Bridge Access Road Pathway project. In speaking with representatives from DOT the state has not provided funding as yet for this project to move forward. To date the City has appropriated $294,947 in support of this project which is intended to provide a 1.2 mile path connecting the paths between the Spur Highway and Beaver Loop. Total cost of project per DOT estimates equals $3,266,301. Per communications with the DOT, design funding is in place and they are waiting on final signatures for the Reimbursable Services Agreement (RSA) with DNR. Once the RSA is approved they will be able to begin design work. Process is expected to be completed by the end of January. Update: Formal kickoff meeting took place on March 301h with the City Manager and Public Works Director in attendance. From appearances this design process will be a slow one, we are not anticipating seeing construction on the path this calendar year. Will continue to update as more information becomes available. Update: A site meeting will be taking place between the City, DNR, & DOT on 6/9/22 to review the project. HDL Engineering appears to conducting surveying services in support of the project, crews were in the area on 617122. Kenai Dog Park — Public Works Director has been coordinating with representatives from the Dog Park Committee. A formal meeting has been scheduled for April 191h to discuss path forward. Committee also has a planned presentation scheduled for the Council meeting on April 201h. Additional land was granted for the park, and staff is working with volunteers to get the additional area staked and cleared. Currently $63,000 of funding is available for the project. Update: Surveying services through McLane's Consulting have been contracted, communications with Dog Park representatives, volunteers, and Parks & Recs is ongoing. Much physical progress is not anticipated until July. • Roadway Improvements — Nelson Engineering was the successful proposer to provide bid ready construction documents for improvements to Wildwood Dr, Willow Ave, First St. as well as multiple smaller misc. repairs. Update: Contract documents have been executed, geotech soil borings have been completed, site survey work has begun. Little League Restrooms — Public Works Staff has started on the Scope of Work for the planned new restroom facilities at the ball fields on South Spruce St. In coordination with the Parks & Rec Director, design services will be secured to finalize bid ready construction documents. Current anticipated release for Construction Bids is late summer. A Request for Quotes for design services was released on May 51h to provide bid ready documents to construct three new restrooms adjacent to the existing snack shack. Update: No proposals were received by the City for this release, comments from firms were everyone is too busy with work for this small of a project. We will modify our delivery requirements so work may be completed into the fall / winter with a spring 2023 construction start expectation. Page 7 of 7 Public Works Mid -Month Report Page 253 • Streets Department CAT 160 Grader has arrived and is being prepped for service. Unit was delivered as budgeted and final payment is in process at $319,948. Page 254 mmmmmmmmmmmmmmmm City of Kenai 1 210 Fidal e Ave, Kenai, AK 99611-7794 190T283,7535 1 www.6nai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: June 7, 2022 SUBJECT: May 2022 Monthly Report The month of May has been filled with getting the greenhouse ready for the summer season. We've seen quite a few of our "snowbirds" return from their winter destinations. Dining room meals continue to increase every month. The local Food Bank received thousands of pounds of Sockeye and Coho salmon from an outside distributor. We have been able to have salmon on the menu consistently for the first time in several years. While salmon would seem common in our area, many seniors are not able to fish or purchase it for themselves. What a treat it has been for them! 2022 2021 Home Delivered Meals 2015 2468 Individuals 94 108 Dining Room (Congregate) Meals 834 177 Individuals 113 57 Transportation 1 -way rides 193 0 Individuals 16 0 Grocery Shopping Assistance 3 2 SIGN -INS VIA M SeniorCenter© Writers Group 23 9 Caregiver Support Group 3 13 Growing Stronger Exercise 236 25 Tai Chi Class 32 10 TOPS Weight Loss Class 40 8 Bluegrass & Music Sessions 52 0 Card Games 113 0 Wii Bowling 31 0 Arts & Crafts 29 0 Total Event Sign -ins * 1562 968 Individuals * 171 124 Vintage Pointe Manor Vacancies 2 0 (not including home meals clients) LO LO N N 0) m a tD O O z M O r- O oa 0C6 a d Uw U U cr Q w ww z Q z d z d w M � w a o a� J � O z w O z d Q z �_ w z J 0 d Q U U h U F- H z O w U w } z w w O _ � C1 o F- w a w W U) z Z _ CV C) N w J Z "'y Q LL z0 U U ~ a 0 Z Q h- W w w co U U U Z z O z 0 Z H 0U > m 0 J U N E 15, 2022 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET: ACTION ITEM REQUESTED BY Add to item B. 1. Scheduled Public Comments — Rights of Grand Juries • Additional Information Provided by Presenter — Representative Ben Carpenter. Add to item D. 7. Resolution No. 2022-51 • Airport Commission Lawton Acres Memo/Minutes City Manager • Summary of Technical Amendments Memo City Manager Add to item G. 2. Action/Approval — FY2022 Purchase Orders Over $15,000 • Requested Amendment Memo City Manager Add to item G. 13. New Business — Ordinance 3295-2022 (introduction) • Public Comment City Clerk The Constitution —of the State of Alaska Art. 1, Sec. 8 Grand Jury No person shall be held to answer for a capital, Dr otherwise infamous crime, unless an a presentment or indictment of a grand jury4 except in cases arising inthe armed forces in time of war or public dangey. indictment may be waived by the accused. Ir'l that case the prosecution shall be by information.'The grwnd,,,,. Alaska Statute 13M Sec. 12.40.010. Qualifications and manner of drawing grand jurors. Grand jurors shall have the qualifications and be drawn as are trial jurors under AS 09.20.010 — 09.20.080. Sec. 12.40.020. Number of jurors. The grand jury consists of not less than 12 nor more than 18 members. Sec. 12.40.030. Duty of inquiry into crimes and general powers. The grand jury shall inquire into all crimes committed or triable within the jurisdiction of the court and present them to Sec. 12.40.040. Juror to disclose knowledge of crime. Sec. 12.40.050. Holding to answer as affecting indictment or presentment. The grand jury may indict or present a person for a crime upon sufficient evidence, whether that person has been held to answer for the crime or not. Sec. 12.40.060. Access to public jails, prisons, and public records. I Sec. 12.40.070. Duty of prosecuting attorney. The prosecuting attorney (1) s'Ubnit ft'n' to the grand jury and eaii, ef? the evidence in support of the indictment to be brought before them in every case when a person is held to answer a criminal charge in the court where the jury is formed; (2) may submit an indictment in any case when the prosecuting attorney has good reason to believe a crime has been committed that is triable by the court; and Sec. 12.40.080. Effect of failure to return indictment. When a grand jury does not return an indictment, the charge is dismissed, and it may not be again submitted to or inquired into by the grand jury unless the court so orders. Sec. 12.40.090. Questioning juror for conduct. except for a perjury of which the juror may ha 0 tn guilty in giving testimony before that jury. M ht(,V.//v,,ww.aklet!,I,.,,oy asis/statutes.asp#12.40 -1 -11 ................. ALASKA. UYURT RULES (a) Representation by Counsel. The defendant is entitled to be represented by counsel- If the defendant cantiot secure counsel, counsel shall be appointed for the defendant, (h) Order of Proof: Witnesses Called by the State. 'I"he state shall first present the evidence in suipport of its case. All witnesses called by the state shall be examined in the presence of the defendant arid may be cross-exantined by the defendant's or by the defendant's counsel. (c) Witnesses Called by the Defendant. T1e defendant may produce and examine witnesses on the defendant's behalf'. All wiffiesses, including the defe-ndant shoudd the defendant choose to testify, may be cross examined, The production of witnesses shall be governed by Rule 17, so far as it is appficable. (d) Evidence, Al. the preliminary examination, the admissiMlity ofevidence otheir than vaitten mports of exparts shall The governed by the Alaska Rules of Evidence, Rulings peitaining to the admissibility of evidence shall not be binding upon any subsequent judicial proceeding. (e) Telephonic Testimony. (1) A. witness may participate telephonically if the wltness: (A) would be required to travel Tnore than 50 miles to court,- or defendant to answer to t'he charge and committing tile defendant to proper custody, The judge or magkirate Jiudge shall adinit the defendant tc) bail as provided by law and by these ruies. 0) Records. When as judge or magistrate judge has held a defendant to wiswer, the judge or rnagistrate judgge shall transmit to the clerk' ofthe superior court ofthe judicial district in which the offense is hiable all papers in the proceedings,, any Ibail taken by the judge or inagistrateJudge, and all exhibits introduced at the examination. (1k) Counsel for Complaining Witness Counsel fbr Prosecution. A complaining witness may be represented by counsel at every stage of the prefirninmy hearing. The attorney general or some attorney authorized to act for time attorney general may appear on Ibehaalf of the Brame of Alasfca and control the conduct of the prosecution. (Added by SCO 157 effective IFebrunary 15, 1973; amended by SC O 368 affective August 1, 1979- by SC O 1, 153 effective July 15, 1994; by SC O 1460 effective October 15, 20031- by S(.'.1O 1799 effective (")ctober 15, 2013; and by SC0 1829 effective October 15, 2014) IPAIRT' [.If. INDICTMENT AIND INFORMATION Rule 6. The Grand Jury. (a) Bv Whom Convened file 0'- jild,gN, '6f 6 J t"i'd diMHU 6compassirig tine g"Mird jury'' (B) lives in a place fh.)m which people customarily tnavel I locatio(n-speoffied in sedfion-(b)sb6l! c(ynvd h.&'fh4'�ndjury'. by air to the court., (2) A witness who is not entitled to pai.ticipate teleplionically under subparagraph (1) may participate teleplionically wN:i. approval. of the court (f) Record. The proceedings shall be electronicaliy recorded. (9) IlExclusion of Witnesses. At tire request of ekher party, the judge or niagistrate judge shall exclude from the courtroorn any witness of an. adverse party, if at the time of the requiest the witness is not under examination. (h) Discharge ofthe Defendant, If frorn the evidence, it: appears that (11.) there is no probable cause to believe that an offense .has been committed, or (2) if there is probable cause to believe that. an offbnse has been corninitted, but no probable cause to believe that defendant committed the offense, t1ii.en the judge or magistrate judge shall distniss tire coznpaint arid discharge the defendant, 'I'he discharge of the defendant shall not preclude the state ftom instituting a. subsequent prosecution for the same ofibrise, (i) Commitment of Defendant. If from the evidence it appears that there is probable cause to believe that an oflbnsc, has been coininitted and that the defendant committed U, the judge or rnagistrate judge shall enter an order Iholding the (b) Where Grand Juries Shall Be Convened. T%e grand jury shall be convened at the supcilor court Ilmocatiorn shown in the fb[lowing table, based on the superior court venue district in which the rnatter under investigation occurred. The,, superior court venue districts are defined in time Criminal Rule 18 venue rn,,ip. Superior Court. Venue District in which the Location at which matter under the grand jury will investigation occurred be convened Anchorage Anchorage Bethel Bethel Cordova Anchorage or Palmer Craig Juncau,.Ketchikan, or Silica Delta function Fairbardcs Dillingharri Dflifirgharn or Anchorage FarrIbanks Fairbanks Glennallen Anchorage or Painier flozrier Keinai Jluneau Juneau, Si tka, or Ketchikan. Kenai Kenai Ketchikwi Ketchikan., Sitka, or Jun.eau Kodiak. Kodialk. Kotzebue Kotzebue 16 RULES OF CRIMINAL PROCE.DURE . Rule 6 Nak.nek Anchorage Nenana Fahrbanks Noine Nome Palmer Palmer Petersburg Juneau., Ketchikan, or Sitka Seward Kenai Sitka Sitka, Juneau, or Ketchikan Tok Fairbanks Ullnalaskai. Anchorage Utqiagvik - Utcluiagvik . .... (ibrryierly Barrow) (forryiefly Barrow) Valdez Anclhorage or Palmer Wrangell Juneau, Ketchikan, or Srtka The presiding Judge of a judicial district shall lbe empowered to call a special jury to be convened at a site other than the site designated in this subsection if the presiding judge deterrannes that the designation of a special site is necessary inn the interest of,justice, (c) Selection of Prospective Grand Jurors. Prospective &trand. jurors shall have the qualifications and shall be drawn and selected as set forth by lavv, wrth the additional provisions: (1) prospective g grand jurors shall] be selected from, the population within as fifty rnile radius of the place where the grandjury is convened, and (2) the presiding judge of the superior court, may with the approval of the ad.rininistnative director select prospective grand jurors at large from the judincial district in which the matter under investigation occurred. (d) Summoning Grand Jurors. M,fia-si vjtlee cacti year ThR, 06iRtilig JW'& 6f flue suniacuitna court in each jtidioiii� Ord& consist of not less than 12 nor m6re than 1.8 mernbers, The court sball direct that a sufficient number of legally qualified persons be summoned to meet this requirernent, Any qualified member of the grand. jury panel not desi�,pnated to serve as a member of the grand jury may be placed on the petit jury panel. An otherwhe qualified person called for petit jury service may be placed on the &,rand jury ipanel, A grand jury shall serve until discharged by the presiding,judge bast nno grand jury may serve more that'i 4 inonths, unless this period is extended for good cause, (e) Swearing and Instructing Jurors, (1) The faowiIng oath shall be Administered by t he clerk of the superior court 'to the persons selected fbi, grand jury duty. "You and each of you as members of this grand jury for the State of A, l aska, nao solemnly swear or AM= . that you wfiij Ati'g ui iff such czrrl� ffiq- re And true presentment make' 'of luatt0ts �As $half be give'ai to -y­ou"'fbr­e'o'n'side r � ait i del ifial 'OtheMiise 60me to your khowtedge'inc'onnection *lth YonT 1I Ilesoni service;Iffiam you will preserve the secrecy required Illy 1aw a's to all proceedings had before you; that you will prescirt no one through envy, hatred or malice, or leave any one un resented throu� .P !h fear, affection, gain, reward, or hope thereof, but that you will present all thrrigs truly and impartially as they shall come to your knowledge according to the best of your understanding.' (2) When the grand jury is sworn, the count shall charge the jury with written instructions, vvbich the court deems proper, concerning the powers and duties of the grand j ury. (f) Alternate Jurors. The presiding judgf.,a may direct that alternate „jurors be designated at the time a grand jury is selected. Alternate jurors in the order in which they were designated may thereafter be impaneled as provided in paragraph (s) ofthis rule. Altemate j urars shall be drawn in the sarne inanner and shall have the sarne qualifications as the ref,N,lar- jurors, and if impaneled shall be subject to the same cballenges, shall take the same oath and shall have the sante functions, powers, facilities and privfleges as the regular Jurors. (g) Objections to Grand Jury and to Grand Jurors. A modoin to dismiss the indictment or to expunge a report of the grand jury may be based upon objections to the array or the lack of legal qualification ofan individual juror. An indictment shall not be dismissed nor a report expunged upon the ground that one or more members of the grand jury were not legally qualffied if it appeans, from the record kelpt pursuant to paragraph (h) of this rule that as majority of the total number of gr and jurors comprising the grand jury when the grand.jwy is sworn and charged with instructions, after deducting the number not legally qualified, concurred in finding the indictmern or making the report, (h) Foreperson and Deputy Foreperson. The presiduig judge shall. appoint one of the jurors to be foreperson and another to be deputy foreperson, "Flialbreperboll sIG11 have,,, t6 aidnhiinuslcn oaths' ,,,,wd Afffru"a"tions and shall sign all indictments arid s�) , - or ah" h , 'rh i �f, it ot 'er yufull 'desipat'ed by the foirelpers6n' shall] keep a record of the number of jurors concurs in the finding of every indictment and the issuance of every report and. shall fille the record with the clerk of." the court, but the record shall. not be made public except on order of the presiding judge, Duning the dbsertce of the foreperson, the deputy foreperson shall act as.f.brelpersom (i) Prepuring Indictments and Presentments. I pfogeentitrg, Attorney shall prepare all indictnient S` andi ord'sentdi6nts for the kiiiOrd "Jury, and shall aiiiiiii their siiiifi to advise thern'tif their -duties And to examine witnesses in their record of Proceedings. All proceedings before the &7and jury, including the testimony of witnesses and any stateiments made by the prosecuting attorney or by any of the jurors, ,shall be electronically recorded. (k) Who May Be Present. Theprasecatifig attorney4) the ri"fuesdiidm6di examination, a ct clir�, for the purpose of s e" r exami recording the proccedings, and, when needed , an bitmpref& a person transcribing for the deaf, and any'lov ehforc,c,m6fit',J ,officer who has 6stody dihe wit6i M Rule 6 ALASKA COURT RULES present while the grand jury is in session. No persons other than the jurors and any interpreter or transcriber necessary to assist a juror who is hearing or speech impaired shall be present while the grand jury is deliberating or voting. (f) Secrecy of Proceedings and Disclosure. (1) ';The dledtioneating, and" charging of grand juror Ett,)d 411 Matters 6ccurring before the gsarid jury are secret;;, except as otherwise provided by this rule. Disclosure of matters, other than the grand jury's deliberations and the vote of any juror, may be made to the prosecuting attorney for use in the performance of the prosecuting attorneys' duties. Otherwise a judge, juror, attorney, interpreter, person transcribing for the deaf, law enforcement officer, court clerk, or a typist who transcribes recorded testimony may disclose matters only when so directed by the court preliminary to or in connection with a judicial or administrative proceeding. (2) The returns of indictments to the superior court are public proceedings, unless the court directs that the proceedings be closed to the public and the indictment kept secret until the defendant is in custody or has given bail. In that event, the clerk shall seal the indictment and no person shall disclose the finding of the indictment except when necessary for the issuance and execution of a warrant or summons. (3) No obligation of secrecy may be imposed upon any person except in accordance with this rule. (m) Availability of Grand Jury Record to Defendant. Upon request, a defendant shall be entitled to listen to the electronic recording of the grand jury proceedings and inspect all exhibits presented to the grand jury. Upon further request the defendant may obtain a transcript of such proceedings and copies of such exhibits. The trial of the case shall not be delayed because of the failure of a defendant to request the transcript. The availability of a grand jury report is governed by Criminal Rule 6.1. (n) Finding and Return of Indictment. (1) 11INT11 indictment may be fo11 od only upon tbe- roorteurrence of a' majority" of'' the"tbtil "nittiiiadr ' of jurors comprising the grand jury when the grand jury is sworn and charged with instructions, after deducting the number not legally qualified. (2) If an indictment is not found, the indictment shall be endorsed "not a true bill" and signed by the foreperson. If an indictment is found, the indictment shall be endorsed "a true bill" and signed by the foreperson. (3) (i) if an indictment is znidorkd "a traie bill,, to indlictmerif sifall be, presented in 6-per" 'court rt and filed with tlic -'PI&Ic where if shall ba open to public inspectionO' (ii) If an indictment is endorsed "not a true bill" and a complaint or information was previously filed in a district court, the indictment shall be presented in open court and filed with the clerk where it shall be open to public inspection. (iii) If art ffuc)ictment is,, eridbrsed "not 9 trucebill" ati'd moor ooa prl int of ifird"fh Wiarn WAs- ,pr�n iouis'ly filetl in dtsttutt coud, s th6 n' di6tment sl 4i be lal . seal, s; (iv) The foreperson or deputy foreperson may present an indictment in open court without the presence of other grand jury members. pleading or motion, so long as victim and witness information is protected as provided in AS 12.61.100—.150. (5) The return of exhibits used during the grand jury proceedings is governed by Criminal Rule 26.1(h). (o) Presentment. (1) i lic vcr there is doubt froth the ev-1jence presetiteliN (i) ivhetktct tl f tiro is euih ti tttte a clime or (ii) t u its tf'tea ' u"leferidanl is suljii"f tar pt o edittiott by reason of M iffici• a Napse of time or a ' former acquittal or conviction, ( uert tlic grand jury lry a concuutTenc o.f at least fivo) m nos dz i r may al�i,' a pfeIsf rAfi�rierit &t the facts offfi& eak f luiu €4titlrf t a d request for ins i°uctionson the l'awo , (2) The presentment shall be made by the foreperson in the presence of the grand jury. (3) The presentment shall not mention the names of individuals. The presentment shall not be filed with the court, nor shall it be kept by the court beyond the time that the grand jury is discharged. (4) l'wlterl the presentment is made the cotiaii shall gip such instructions on the law as It considers incessaryi (p) Defense Witnesses. Although the grand jury has no duty to hear evidence on the behalf of the defendant, it may do SO. (q) Sufficiency of Evidence. When the grand jury has reason to believe that other available evidence will explain away the charge, it shall order such evidence to be produced and for that purpose may require the prosecuting attorney to subpoena witnesses. An indictment shall not be found nor a presentment made upon the statement of a grand juror unless such grand juror is sworn and examined as a witness. The grand jury shall frid an indictment when all the evidence taken together, if unexplained or uncontradicted, would warrant a conviction of the defendant. (r) Admissibility of Evidence. RUL,ES, ('.)F CRIMINAL., PROCEDURE (1) ]],vidence which would be legally admissible at trial shall be adniissNe before the grandjury. In appropriate cases, however, witnesses may be presented to summarize adinissNe evidence if the admissible evidence will be available at trial. Except as stated in subparagraphs (2), (3), and (6), heansay evidence shall not be presented to flic, grand jury absent compelling jusdfication for its introduction. If hearsay evidence is presented to the grandjury., the reasons for its use shall be stated on. the record. (2) In a prosecution for an offense under AS 1 L4 IA 10— 11.41.458, hearsay evidence of a staternent related to the offense, not otherwise admissible, made by a child who is the victim of the offinise may be adinitted into evidence befbre the grand jUTY if. (i) the circumstances of the statement indicate its reliability; (it) the child. is under 10 years of age when the hearsay evidence is sought to be, admitted; (ifi) additional evidence is introduced to corroborate the statement; and (iv) the child testifies at the grand jury proceeding oir the child will be availWe to to at trial, (3) Hearsay evidence related to the offense, not othenvise admissible, may be admitted intro evidence bef6rc the grand jury if (i) the individual presenting the hearsay evidence is as peace officer involved in tht," investigation; and (it) the hearsay evidence consists of the statement and observations made byanother peacc� officer in the course of an investigation; and (m) additional evidence is introduced to corroborate flie statement. (4) If the testimony presented by a peace officer under paragraph (3) of' thils section is iiiaccurate because of inten ti(,:)nal., grossly negligent, or negligent misstatements or onfisslons, then the court shall dismiss an. indictment resulting from the testirnorry it"the defendant shows that the inaccuracy prejudices substantial rights of the defendant. (5) In this section "Maternent" means an or-ai or written assertion or nonverbal conduct if the nonverbal conduct is hitended as an assertion, (6) When as prior conviction is an element ofan. offense, hearsay evidence received through the Alaska Public Safety Infbrniation Network or from other government agencies of prior convictions may be presented to the grand jury, (s' IlExcusing Grand Jurors. A seated jur6i ffia-y be,' ,edar cas - or, .cased for a parfirn 1excuse U',1rnp4,rran d wider the fol, minircurnstainc (l) ,nap, pxasc "mt ' or shall excuse a juror for .a paili;cular, rcase wh6-',`theJW6r 'iftf6finl% the Pros' ,puti)r'that Abe juror,, not,be "'tur or intpartia in eck Jn�], diii -6ikAl The "5"" Y Prosecutor may ask the presiding judge to hinpanel an alternate,, the made aware o I? a grand Jdfo'-Fs�, . ... ... ... .... t coo d, affect (ha grang f uw,y, sii e' rosecutor seO, s to 1,411 ros"ut art q a �r I' lee of r Ot 11 �p shall present, the information as J(o pr uto 'cc ,�n pr rejudice or i3las or the challemge to the presiding judge. The ,judge shall provide theJuror with notice of the prosecutor's action and sliall question fliejawr concerning the potential bias or challenge. After hearing from the juror, the judge may rcqucst additiotial hil.brTruation from the prosecutor, other jurors, or other sources, 4f")*Aefifiifl bids 6fc'45,se Ille, Jddge rhc�'? ekd+."Ugc df6, JVi6r 'p"e'.r'm'afie­r`)'t'Jy or fibi, a part g , culap Tht-, judge inay impanel an alternate juror in place of thc 'J'U'r(ir excused, If no potential bias or cause is shown, thejudge shall allow the juror to remain and may take other appropriate action, (3) flie presiding judge may '"'Curie i fia""r-or temporarily 40%1!Wof iffil $49 ortt perlional or business matter thiat fe4mries " the jur6f's-4tteW`b4 " The presiding judge may delegate this authority toanotherjiadicW officer. (4) An alternate juror must be present during the presentation ofall evidence related to that case in onler to vote on the proposed hill. (t) IDelegation of Duties. Whenever a superior court is sitting other than where the presiding judge is slitting, or the presiding judge is unavailable, the presiding judge rnay delcgate duties tinder this rule to another judicial officer. lfcnwever, the presiding judge may delegate drifies under Criminal Rule 6. 1 only to another superior court judge. (u) Telephonic Testimony, (1) A. witness may participate telephwncally in grand jury proceedings if the witness: (A) would be required to travel ircure than 50 miles to the situs of the grand jury; or (B) lives in as place ftorn wliiich. people Gustomadly travel by air to the sltus of the grand jury. (2) A witness who is not entitled to participate telephonically under subparagraph (1) may participate telephonically with approval of the presiding, judge of the judlcial district, or the presiding,judge's designee. A motion to allow telephonic testiniony under this subparagraph may be ex paste and shall be accompanied by an affidavit of the prosecuting attorney that states the reason telephonic testimony is requested. (3) Ifa witness participates t6ephoriically in grand jury proceedings, after the witness is swom., the prosecuting attorney shall require the witness to: (A) state the h.)cation from which the witness is testifying; kind N Rule 6.1 ALASKA COURT RULES (B) verify adopted for the sole reason that the legislature has mandated the amendment. (i) that the witness' conversation cannot be overheard; (ii) that no extension for the telephone from which the witness is testifying is in use; and (iii) that the witness will notify the grand jury immediately if any person can overhear the witness' testimony or if the witness becomes aware that an extension for the telephone enters use during the testimony. (Adopted by SCO 4 October 4, 1959; amended by SCO 30 effective February 1, 1961; by SCO 49 effective January 1, 1963; by SCO 136 dated August 27, 1971; by SCO 136A dated September 13, 1971; by Amendment No. 1 to SCO 136 dated October 17, 1972; by SCO 146 effective October 31, 1971; by Amendment No. 1 to SCO 146 effective October 31, 1971; by SCO 157 effective February 15, 1973; by SCO 216 effective October 1, 1975; by SCO 261 effective December 30, 1976; by SCO 539 effective October 1, 1982; by SCO 706 effective May 21, 1986; by SCO 711 effective September 15, 1986; by SCO 881 effective July 15, 1988; by SCO 937 effective January 15, 1989; by SCO 945 effective January 15, 1989; by SCO 956 effective July 15, 1989; by SCO 967 effective July 15, 1989; by SCO 969 effective July 15, 1989; by SCO 973 effective July 15, 1989; by SCO 991 effective January 15, 1990; by SCO 997 effective January 15, 1990; by SCO 1012 effective January 15, 1990; by SCO 1039 effective January 15, 1991; by SCO 1046 effective January 15, 1991; by SCO 1061 effective July 15, 1991; by SCO 1115 effective November 12, 1992; by SCO 1171 effective July 15, 1995; by SCO 1181 effective July 15, 1995; by SCO 1204 effective July 15, 1995; by SCO 1269 effective July 15, 1997; by SCO 1293 effective January 15, 1998; by SCO 1338 effective June 11, 1998; by SCO 1381 effective April 15, 2000; by SCO 1439 effective October 15, 2001; by SCO 1482 effective October 15, 2002; by SCO 1490 effective October 15, 2002; by SCO 1618 effective October 15, 2006; by SCO 1646-Amended effective October 15, 2007; by SCO 1745 effective April 15, 2011; by SCO 1760 effective October 14, 2011; by SCO 1872 effective April 27, 2016; by SCO 1916 effective January 1, 2018 and by SCO 1949 effective July 9, 2019) Note to SCO 1269: Criminal Rule 6(r) was amended by §§ 18 & 19 ch. 143 SLA 1996 to allow certain hearsay evidence to be presented to the grand jury in a prosecution for felony DWI or felony refusal to submit to a chemical test. Section 21 of this order is adopted for the sole reason that the legislature has mandated the amendments. Note: Subparagraphs (r)(2) and (3) of Criminal Rule 6 were added by ch. 41, §§ 1-2, SLA 1985, adopting AS 12.40.110. Note to SCO 1204: Criminal Rules 6(r)(3) & (4) were added by ch. 114 § 2 SLA 1994. Section 4 of this order is adopted for the sole reason that the legislature has mandated the amendments. Note to SCO 1293: Criminal Rule 6(u) was amended by §§ 20 & 25 ch. 63 SLA 1997 to eliminate the requirement that the prosecution must obtain permission from the court before a victim can testify by telephone. Section 1 of this order is Note to SCO 1338: Criminal Rule 6(r)(2) was amended by § 21 ch. 81 SLA 1998 to allow hearsay evidence of a statement made by a child to be admitted before the grand jury in a prosecution for first degree indecent exposure as well as the other sex offenses defined in AS 11.41. Section 1 of this order is adopted for the sole reason that the legislature has mandated the amendment. Note: Chapter 10, SLA 2019 (HB 49) enacted a number of changes relating to criminal procedure. Section 135 of the Act amended paragraph (r)(6) to allow the admissibility of an Alaska Public Safety Information Network or other government agency report of prior convictions if the prior conviction is an element of the offense. This rule change is adopted for the sole reason that the legislature has mandated the amendment. Cross References (b) CROSS REFERENCE: AS 12.40.030, AS 12.40.040; AS 12.40.050; AS 12.40.060 Rule 6.1. Grand Jury Reports. (a) Authority to Issue Reports. (1) g �:l jury : a i vesttg tc atftl ia1 deports and' r c:l mcatdatacnns ion rn:r�g the liutZli �afcty :: welf�rc An , (2) ,and jury r � m be madc .otvly upon the g ,coneut�encc o :, a rnal ;ority of "tlie �:e:t fl laa:nl t z :c>f" �° nli juror on the panel at the commencement of the proceedings resulting in the report. The report must be signed by the foreperson r ,grand. jury report may include :Illegations f"cri �bnal"ci i�du� to (b) Initial Judicial Review. The grand jury shall pre sen p any proposed report 'to the presiding„ judge of the ' judicial' lfitstr4 The judge shall examine the report and the grand jury record before the grand jury is discharged. The judge may order production of audio copies or transcripts of the grand jury proceeding and may request the prosecuting attorney to submit a summary of the evidence presented to the grand jury. The judge shall make specific findings on the record as 7quired by°the following subparagraphs (1) The judge shall determine first whether the report satisfies the requirements of subparagraphs (a)(1) & (2). If it does not, the judge shall proceed under subparagraph (b)(3). (2) The judge shall then determine if publication of the report would improperly infringe upon a constitutional right of any person, including but not limited to improper interference with a person's right to privacy or right to a fair trial in a pending or planned criminal proceeding. The judge shall make an ex parte on the record inquiry of the prosecuting attorney about any planned or pending criminal prosecutions related to the subject of the grand jury report. 20 RULES OF CRIMINAL PROCEDURE Rule 7 (3) If the judge determines that the report does not meet the standards of subparagraphs (a)(1), (a)(2) or (b)(2) the judge shall return the report to the grand jury with an explanation of the reasons for returning the report. The grand jury may conduct further proceedings, revise the report, or seek appellate review of the judge's decision not to release the report. (c) Judicial Review If Report Adversely Reflects on Identifiable Person.41f?,1 e wudce"determines that the Stan arils iff y a.'versely re ec on any i enh is`"1e°person, the judge shall proceed under the following subparagraphs (c)(1)—(5). (1) The judge shall order that notice of the report be provided to the person. The notice must advise the person of his or her rights as provided in this paragraph. (2) The person may move, within ten days of notice of the report, for a hearing. The hearing will be held in camera and on the record. (3) The person must be given a reasonable period of time prior to the hearing to examine the grand jury report and the record of the grand jury proceedings. A person receiving notice or a copy of the report and record may not disclose any matter occurring before the grand jury except as permitted by the court. Each person receiving these materials must be advised of this obligation. (4) The person named or otherwise identified in the report may be represented by counsel at the hearing and may present argument as to whether the standards stated in subparagraph (c)(5) are satisfied. The prosecuting attorney may be present at this hearing and may also present argument. Neither side may present evidence nor examine witnesses, except that the named or otherwise identifiable person may submit a written response to the grand jury report which the person may request that the court issue with the report under paragraph (d). (5) The judge shall determine at the close of the hearing whether that part of the report which may adversely reflect upon a named or otherwise identified person is supported by substantial evidence or, if raised at the hearing, whether the report satisfies the requirements of paragraph (b) of this rule and paragraph (g) of Criminal Rule 6. If the judge finds that these requirements are not satisfied, the judge shall return the report to the grand jury with an explanation of why the report has not been released. The court may request that the grand jury consider further evidence as to the named or otherwise identifiable person. The grand jury may conduct further proceedings, revise the report, or seek appellate review of the decision not to release the report. (d) Release of Report. (1) The court shall withhold publication of the report until the expiration of the time for making a motion for a hearing under paragraph (c). If such a motion is made, publication must be withheld pending a ruling on the motion or pending any review under paragraph (e). All proceedings under this rule are confidential until the presiding judge orders the report released. (2) ,If tbcJ,4dgc 45- ids that"the staxtdards of paragraphs(b); and (c)-are t vet, the JudgC shall order the repioft released, The judge may order that a response to the report by a person named or otherwise identified, or other additional materials, be attached to the report as an appendix. The rcpoft and rappfrt&Ccs Will be fil^ d t0th the Clerk of the Court and inade' ,available for public"ihspeC66ft..=The court shall also direct that copies of the report and any appendices be sent to other persons as reasonably requested by the grand jury. (e) Appeal. (1) A .j'udici5�l dlertntl(i attidetrah (d) Ott thi rule is a 'fitual"order for puaoses1 aropeal Srah antttpcal a, tty ted bjy (apetlat `12iile 210 excep that tile" tpe"'ail is to the Sups'&tic Cb ui� — Any named or otherwise identifiable person, the state, or the grand jury by majority vote may seek review of the presiding judge's decision. (2) The grand jury will be permitted access to the record of the in camera hearing to assist it in determining whether to pursue appellate review. The grand jury shall maintain the confidentiality of this record. (Added by SCO 938 effective January 15, 1989) Rule 7. Indictment and Information. (a) Use of Indictment and Information. An offense which may be punished by imprisonment for a term exceeding one year shall be prosecuted by indictment, unless indictment is waived. Any other offense may be prosecuted by indictment or information. Any information may be filed without leave of court. (b) Waiver of Indictment. An offense which may be punished by imprisonment for a term exceeding one year may be prosecuted by information if the defendant, after having been advised of the nature of the charge and of the defendant's rights, waives in open court prosecution by indictment. (c) Nature and Contents —Defects of Form Do Not Invalidate. (1) The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to such statement. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. 21 City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www kenakity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: June 15, 2022 SUBJECT: Resolution No 2022-51 — Airport Commission Recommendation of Lawton Acres Attached are minutes from the April 14, 2022 Kenai Airport Commission Regular Meeting. During the meeting, the Commission unanimously moved to affirm that the Airport Commission's recommendation of Parcel 04501003 retention status remain dispose. -41DIOLT IM16110 1:44011 a, Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as fol'lows: Commissioners Present: G. Feeken, D, Pitts, P. Minelga, J. Bielefeld, J. Caldwell, J. Daily, J. Zirul Commissioners Absent: Staff/Council Liaison Present: Airport Mianager E. Conway, Administrative Assistant E. Brincefield, Council Liaison Bai,sden A quorum, was present. MOTION: Commissioner Bielefeld MOVED to approve the agenda and Commissioner Caldwell 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. March 10, 2022 MOTION: Commissioner Bielefeld MOVED to approve the meeting summary of March 10, 2022 as presented. Vice Chair Minelga SECONDED the motion. There were no objections; SO #RDERED. 6. UNF-INI.SHED BUSINESS — None, 6. NEW BUSINESS Disc ussionlRecommendation, — Special Use Permit to Laser Art Alaska, LLC for Displaying Laser Artwork and Alaskan Gifts for Sale MOTI011 Commissioner Zirul� MOVED to recommend Council approve a Special Use Permit to Laser Art Alaska, LLC for Displaying Laiser Artwork and Alaskan Gifts for Sale. Commissioner Caldwell SECONDED the motion, ka; Firre 1111elflet a ll EFICIIII Ole libpjaTeol 171 ine ternunai 0i 150111S, af Mr. Updike confirmed it would not be, He clarified the operating hours, and other vendors to be displayed. LT101111=1200garing t5-BILOXG]VI # �40 - MOTION: Commissioner Pifts MOVED to recornmend Council approve Execution of a Lease to Joel C-214well. Co-ji,t,lissioirier Zirul SECOV—wtTM,e Fuuti'101. Commissioner Caldwell declared a conflict of interest, stating that he had a financial interest in the matter. Chair Feeken ruled that Commissioner Caldwell had a conflict and excused him from voting. I=. MUM POW10114011 asilklIMSM-0,191AP, MOR a c. Discussion,/Recommendation — Special Use Permit to Weaver Brothers, Inc, for Truck Trailer Storage MOTION: Vice Chair Minelga MOVED to recommend Council approve a Special Use Permit to Weaver Brothersi, Inc. for Truck Trailer Storage, Commissioner Caldwetl SECONDED the motion. ImIgrangaing, IIIIN "I- A .11 d. Discuss io n/Recomimendati on — Lawton Acres Parcel 04501003 Disposal Recommendation Fil !I 111 111 Jill III III! (11OTlOiJ Commissioner Dia0y MOVED to affirm that thle Airport Commission's recommendation of Parcel 04501003 retention: status remain dispose. Commissioner Pitts SECONDED the motion, • Airport! Commission Meeting Page 2 of 3 Aprir 14, 20,22 YEA: Feeken, Minelga, Zirul, Bielefeld, Caldwell, Daily, Pitts NAY: None MOTION PASSED UNANIMOUSLY. a. Airport Manager -Airport Manager Conway reported on the following: 0 Kenai Aviation will begin service May 2 nd , and will have an open house on April 22nd to view the new aircraft; 0 Enplanement numbers continue to grow; a Parking revenue up 80% 0 CDC extended mask mandate to May 31d 0 Excited to have another tenant in terminal, "My Alaskan Gifts" 0 5 1h Amendment to airline operating agreement to address insuranice requirements will go before Council on April 20, 2022, bCity Council Liaison - Council Member Baisden reported on the Council meetliings WIn March 16�, 2022 and April 6, 20221 8. NEXT MEETING ATTENDANCE NOTIFICATION - May 12, 2022 Commissioner ZTrull noted that he will be absent for this meeting, 9. COMMISSIONER COMMENTS AND QUESTIONS Congratulations were expressed to Kenai Aviation, Vice Chair Minelgia mentioned updating the Airport Master Plan, 101. ADDITIONAL PUBLIC COMMENT- None. ' = i . �- U1 Affled 4 11.- Nq 16 14 ON k There being no further business before the Commission, the meeting was, adjourned at 6:33 p.m. Meeting summary prepared and submitted by: Meghan Thib6debiu Deputy City Clerk Airport Commission Meeting Page 3 of 3 April 14, 2022 .enai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www 6nakity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: June 15, 2022 SUBJECT: Resolution 2022-51 — Land Management Plan Technical Edits List This memorandum introduces a laydown document, the Land Management Plan Technical Edits List, for consideration of Resolution 2022-51 —Adopting the City of Kenai Land Management Plan. The list contains all technical edits of the draft Land Management Plan. The following technical update was missed in the review process, but will be updated as the plan is finalized: On p.114, parcel 04324030 in the quick table, will be changed to reflect that it is leased to 2066. Thank you for your consideration. Attachments Land Management Plan Technical Edits List Page# Technical Edit Front Cover Updated cover photo and document date. p.1 Updated the table of contents page numbers. P. S Updated acknowledgements. p.6 Legal Description -Added missing period. p.8 Definitions - Changed "the following columns" to "the following terms" (not all of the terms defined appear in columns). p.8 Updated definition of "dispose", included trade and donation. p.9 "Retain" - Changed "Some of the parcels for retention" to "Some of the parcels recommended for retention". p.10 Added a 11x17 map of Map 1. Atlas for greater legibility. p.11 Added periods to "Shore fishery lease through 2026." for entire table. Starting on p.12 All maps from 2-46 have an expanded quick table that includes the fund and zoning for each parcel. p.28 Removed comments on the Central Peninsula Habitat for Humanity parcels 03910208, 03910209, 03910211, and 03910304 since the approval ordinance has expired. p.31 #03913202 -Added note in comments regarding re -dedication of ROW as noted on Page 27. p.32 Detailed Table Comments - Changed "conditional" should be "conditionally". p.36 Changed retention status to "Mixed-Retain/Dispose" for #04301034 to address the following comment: - Retention Status Table should be "Retain -Mixed" not just retain since the triangular rea to the north may be suitable for sale per Comments on Page 37. p.49-SO Added missing zoning district information in the table. p.S6 Removed last sentence of the paragraph on snow storage. p.S8 Final paragraph, second sentence, changed to "Parcels adjacent to North Spruce Street and Fourth Avenue have no dedicated full right-of-ways on the plats; right-of-ways have been granted for the parcels across the street." p.64 Parcel No. 04317027 removed from narrative (it is not on this map, it is on Map 17). p.6S Removed extra "I" in the middle of the comments for parcel 04301013. p.70 Last sentence of 1st paragraph was changed to address the following comment: Second Paragraph - road rights -of -way need to be dedicated "in conformance with the most recent FAA -approved ALP". Restructure sentence to reference ALP is needed. p.71 Added information for the following comments: #04318044 -The southern portion of this parcel, southwest of long- term parking is leased by the CAP. There should be similar language as used for Parcel #04327036 on pages 7S, and Page 79. p.73 Added parcel 04317027 to Map 17. Gusty Subdivision, Kenai Cemetery. p.7S Information was added in the parcel comments section for the following comment: 04327036 - I think it is worth comment that high pressure gas pipelines cross the property along the section line that bisects the CAP lease. p.79 Information was added in the parcel comments section for the following comment: 04327036 CAP Property. I think it should be a stated goal for the city to gain control of the CAP Property lease from the USACE and renegotiate a lease with the Alaska Civil Air Patrol. p.93 Rotated parcels numbers on Map 21. East Addition Townsite of Kenai to improve legibility. p.106 Added "(lease to 2066)" to the table for parcel 04336049. p.118 #04324030 - Change to "leased to 2066". p.172 Changed last sentence states to "This parcel, along with other City -owned tidelands, is recommended for disposal for lease only." p.176 Added last sentence "The City should consider vacation of M Street to eliminate the possibility of future development along the ROW." p.184 Last paragraph, second sentence changed to " The city hired a consultant who excavated test holes and provided a soils report at the southern end of the parcel where to borders gravel pits." to address the following comments: #04901022 - Last paragraph -the city did not dig test holes. The city hired a consultant who excavated test holes and provided a soils report. p.188 Replaced "caribou" with "wildlife habitat". p.189 Replaced "caribou" with "wildlife habitat". p.192 Replaced "requires subdivision" to "may require subdivision". p.203 Updated Map 44. Wells and Wellhead Protection to fix the overlapping parcel numbers and improve legibility. p.212 Corrected page numbering, p.212 was missing. ElaMEMEN .enai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www 6nakity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Dan Castimore, IT Manager DATE: June 14, 2022 SUBJECT: Action/Approval — FY2022 Purchase Orders Over $15,000 Requested Amendment The purpose of this memo is to request an amendment to the Action/Approval — FY2022 Purchase Orders Over $15,000. The original Action/Approval did not include a purchase order for the tower study. Resolution 2022-46 was originally requesting the award of a sole source contract to TecPro to provide a tower study. Since the resolution was written another vendor submitted a quote that was below the amount that requires a resolution. This amendment would add an item to the Action/Approval — FY2022 Purchase Orders Over $15,000 and authorize the issuance of a purchase order to Larson Engineering & Design in the amount of $34,750 to provide the same work discussed in Resolution 2022-46. Administration respectfully requests that Council make the following motion. Motion Move to remove Agenda item G. 2. FY2022 Purchase Orders Over $15,000 from the Consent Agenda; and Move to Suspend the Rules to hear Agenda Item G. 2. FY2022 Purchase Orders Over $15,000 prior to Agenda Item D. Public Hearings. If the above motion passes, the administration respectfully requests that the following motion be made in regard to item G. 2. Action/Approval — FY2022 Purchase Orders Over $15,000. Motion Move to add a new line to the Action/Approval — FY2022 Purchase Orders Over $15,000 that reads: Vendor: Larson Engineering & Design Description: FY22 Tower Study P.O. # - DEPT.: 124639 — Non -Departmental Reason: Tower Study Amount: 34,750.00 Total PO AMT: 34,750.00 Should this amendment pass, the administration respectfully requests that Council vote to Fail resolution 2022-46. Thank you for your consideration. Page 2 of 2 �a of� The City of Kenai I www6nai.city From: Barbara Baldwin To: Citv Clerk Subject: Public Comment on Angler Drive, Basin View Subdivision Rezoning Date: Sunday, June 12, 2022 7:47:16 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Mayor Gabriel and City Council Members, We are residents and owners of three lots in Basin View subdivision, The lot at 3080 Kim-n- Ang Court which is our home address fronts Beaver Creek. Unfortunately, we are unable to attend the June 15th hearing for consideration of rezoning our neighborhood to the RR 1 status. We support this rezoning initiative in order to maintain the residential character of our neighborhood. The RR1 designation supports the values we consider important to our quality of life. Thank you for your consideration of our support for this change. Sincerely, Bobbie and Rick Baldwin 3080 KIm-n-Ang Court 3075 Kim-n-Ang Court 465 Cub Court From: OAB on behalf of mciurekC6amail.com To: Shellie Saner; Meahan Thibodeau Subject: Approval requested: Support for Ordinance No. 3295-2022 Date: Monday, June 13, 2022 4:18:00 PM Attachments: Support for Ordinance No. 3295-2022.msg Your decision is requested. S Jurek(mcjurek@gmail.com) has asked you to approve the attached message for delivery to: City —Council A preview of the message is below. To view the complete message, open the attachment. From: S Jurek(mcjurek@gmail.com) To: city-council@kenai.city; city_council@kenai.city Subject: Support for Ordinance No. 3295-2022 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello Kenai City Council, We are in support of Ordinance No. 3295-2022 (Amending the Official Zoning Map by Rezoning Certain Parcels Southeast of Beaver Loop Road along Basin View Way, Kim N Ang Court, Cub Court, Ames Road, and Dolchok Lane from Rural Residential to Rural Residential-1). We support rezoning the parcels in Basin View Subdivision to Rural Residential-1. We moved to Kenai in 2019 for the quality of life and this quiet and peaceful neighborhood. Rezoning will help preserve the stability of our neighborhood for us, our neighbors, and future families of this lovely area. Please accept our apologies for being unable to attend the city council meeting in person. Thank you, Mark & Frances Jurek 3065 Kim N Ang Court, Kenai NOTICE OF PUBLIC HEARING JUNE 15, 2022 CITY OF KENAI COUNCIL MEETINC NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will conduct a public hearing on the following Oirdinance(s) and/or Resolution(s) on the abooted meeting date: Ordinance No. 3294-2022 — Accepting and Appropriating Funding from the State of Alaska Department of' Natural Resources, Division of Forestry, to: Support Spruce Beetle Mitigation and Hazard Fuel Reduction. (Administration) 2. Resolution No., 2022-46 — Authorizing Award of a Sole Source Contract to Performi Communications Tower Study. (Administration) 3. Resolution flo. 2022-47 — Authorizing the Use of the Equipment Replacement Fund a Authorizing Award of a Contract for the Purchase of a Replacement Ambulance, for t Kenai Fire Department. (Administration) I 4. Resolution No. 2022-48 — Amending the Employee Classification Plan, by Changing th,,-, Title of the Accountant Class of Employees to a Controller and Increasing the Range - (Administration) 6. Resolution No. 2022-50 — Authorizing a Works Department — Streets Division (Administration) M1!l9I2If--M::l 11 --VRII2I*-S9 A Budget Transfer in the General Fund, Public for the Purchase of Sanding Equipment. 1. Ordinance No. 3,293-2022 — Amending the Appendices to the Kenai Municipal Code to Delete Cemetery Regulations, Amending Title, 24-Municilpal Cemetery, to Include Certain Portions of the Appended Cemetery Regulations and Make Other Housekeeping Changes and Adopting a Kenai Municipal Cemetery Regulations Policy. (City Clerk) [Clerk's Note: At the meeting of June 1, 2022, this Ordinance was Postponed to this Meeting; a motion to Enact is on the Floor.] 2. Resolution No. 2022-37 — Removing the Moratoiriuim on the: Purchase of Standard Cemetery Plots for the Sole Purpose of Reserving a Cemetery Plot Not Being Used for Immediate Internment. (City Clerk) [Clerk's Note: At the meeting of june 1, 2022, thi's Resolution was Postponed to this Meeting; a Motion to Adopt is on the Floor.] The public hearing will commence at 6:00 p.m., or as soon thereafter as business permits. All interested persons are invited to attend the meeting telepor in -person and ppate in the public discussion. See the agenda for additional information. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue�, Kenai, AK, 99611. She1W Saher, MMC,'City Clerk WWO Posted, June ­g;2022 u 'p N t ADOPTED AT THE JUNE 15,2022 KENAI CITY COUNCIL MEETING Iff SheA--$@Pff,rK4rMC, CClerj I. Po�sted: June 16, 2022ity 00 low 0 9 (D) 0 UND," -