HomeMy WebLinkAbout2022-12-08 Airport Commission PacketKENAI AIRPORT COMMISSION
REGULAR MEETING
DECEMBER 8, 2022 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
*Telephonic/Virtual Information Page 2*
http://www.kenai.city
1.CALL TO ORDER
a.Pledge of Allegiance
b.Roll Call
c.Agenda Approval
2.SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per
speaker)
3.UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
4.APPROVAL OF MEETING SUMMARY
a.November 10, 2022 ...........................................................................................Pg. 3
5.UNFINISHED BUSINESS
6.NEW BUSINESS
a.Discussion/Recommendation – Recommending the Kenai City Council Approve a
Special Use Permit to American Red Cross of Alaska for General Office Space on the
Second Floor of the Alaska Regional Fire Training Center. ................................. Pg. 6
b.Discussion/Recommendation – Recommending the Kenai City Council Approve a
Special Use Permit to Jeffrey Bettis for Towed Vehicle Storage………………….Pg. 12
7.REPORTS
a.Airport Manager
b.City Council Liaison……………………………………………………………………Pg. 23
8.NEXT MEETING ATTENDANCE NOTIFICATION – January 12, 2023
9.COMMISSIONER COMMENTS AND QUESTIONS
10.ADDITIONAL PUBLIC COMMENT
11.INFORMATION ITEMS
a. October 2022 Enplanements…………………………………………………………Pg. 26
12.ADJOURNMENT
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KENAI AIRPORT COMMISSION
REGULAR MEETING
NOVEMBER 10, 2022 – 6:00 P.M.
KENAI MUNICIPAL AIRPORT CONFERENCE ROOM
CHAIR GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Feeken called the meeting to order at 6:00 p.m.
a. Pledge of Allegiance
Chair Feeken led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
G. Feeken, P. Minelga, D. Pitts, J. Caldwell, J. Bielefeld,
J. Daily
J. Zirul,
Staff/Council Liaison Present: Airport Manager E. Conway, Administrative Assistant E.
Brincefield,
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Caldwell MOVED to approve the agenda and Commissioner Daily 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. September 8, 2022
MOTION:
Commissioner Caldwell MOVED to approve the meeting summary of September 8, 2022 as
written. Commissioner Daily SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Discussion/Recommendation – Priority List for the City of Kenai Fiscal Year 2024-
2028 Capital Improvement Plan
3
____________________________________________________________________________________
Airport Commission Meeting Page 2 of 3
November 10, 2022
MOTION:
Commissioner Bielefeld MOVED to approve the Airport Capital Improvement Projects Priority List
for inclusion within the Draft FY2024-2028 Capital Improvement Plan. Commissioner Caldwell
SECONDED the motion.
Airport Manager Conway reported on the Airport Capital Improvement Projects (CIP) Priority
List, noting that the runway/taxiway project was projected to be larger than originally planned.
Commission discussion included runway/taxiway rehabilitation; elevator maintenance during the
terminal remodel; and cost of the Master Plan and inclusion in the CIP list.
UNANIMOUS CONSENT was requested.
VOTE: There were no objections; SO ORDERED.
b. Discussion – Lease Lot Availability
Airport Manager Conway addressed Chair Feeken’s concerns about available lease lots,
presented an Airport Layout Plan and discussed intent to create availability for future development
at the float plane basin.
Commissioners agreed that float plane development should be a high priority, sooner than 2028.
Possible expansion ideas were discussed.
7. REPORTS
a. Airport Manager – Airport Manager Conway reported on the following:
• Received FAA concurrence on sold source for Eagle-Edge Lite Cleaner;
anticipate arrival at the end of November.
• Enplanements are up 10% year over year.
• Suite 120 inside terminal is up for lease. Looking into other ways to utilize the
space.
• Commended operations staff for snow removal efforts.
b. City Council Liaison – Council Liaison Askin was not present, as she was attending
a City Council special meeting at City Hall.
8. NEXT MEETING ATTENDANCE NOTIFICATION – December 8, 2022
Commissioner Daily noted he would be attending via Zoom.
9. COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Bielefeld expressed concerns with the Airport snow removal.
Vice Chair Minelga wished happy Veteran’s Day to those that have served, and a happy
Thanksgiving.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS
a. August 2022 Enplanements
b. September 2022 Enplanements
12. ADJOURNMENT
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____________________________________________________________________________________
Airport Commission Meeting Page 3 of 3
November 10, 2022
There being no further business before the Commission, the meeting was adjourned at 6:48 p.m.
Meeting summary prepared and submitted by:
________________________
Meghan Thibodeau
Deputy City Clerk
5
www.KenaiAirport.com
“Serving the Greater Kenai Peninsula”
305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611
TELEPHONE 907-283-7951
FAX 907-283-3737
Memo
To: Airport Commission
Thru: Eland Conway – Airport Manager
From: Erica Brincefield - Assistant
Date: November 18, 2022
Subject: American Red Cross of Alaska – Special Use Permit
American Red Cross of Alaska is requesting a special use permit for
approximately 475 sqft of general office space on the second floor of the Alaska
Regional Fire Training Center. The American Red Cross provides services to the
Kenai Peninsula such as house and forest fire response, smoke alarm installs
and preparedness training.
The special use permit will be effective for one year from December 1, 2022 to
November 30, 2023.
American Red Cross of Alaska has submitted the special use permit application
and paid the application fee.
Does Commission recommend Council approve the Special Use Permit to
American Red Cross of Alaska?
Attachments
6
Special Use Permit—American Red Cross of Alaska
Page 1 of 4
SPECIAL USE PERMIT
THE CITY OF KENAI (CITY) for the considerations and pursuant to the conditions and
requirements set forth below, hereby grants AMERICAN RED CROSS OF ALASKA
(PERMITTEE), a nonprofit corporation, whose address is 235 E. 8th Ave. Ste. 200,
Anchorage Alaska, 99501, the non-exclusive right to use that area described below:
Access to second floor office space, ROOM 228, and parking at the
Alaska Regional Fire Training Center, located at 450 Marathon Rd.,
Kenai, Alaska 99611. Approximately 475 square feet.
1.TERM. This special use permit shall commence and be effective on December 1,
2022, and shall extend through November 30, 2023.
2.PERMIT FEES. The monthly fee for this permit is $1.00 per month, plus $211.44
utilities cost per month, plus applicable sales tax.
3.USE. The right to use the ROOM 228 for General Office Space, Training and/or
Testing, and Storage. This includes reasonable ingress and egress to and from ROOM 228
through the Building’s common areas. Permittee shall not have the right to use any other
space in the Building (such as library, conference rooms, break room, coffee room) or any
equipment belonging to the City unless given written permission to do so.
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,
7
Special Use Permit—American Red Cross of Alaska
Page 2 of 4
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
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 must keep the space 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 personality 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.
8
Special Use Permit—American Red Cross of Alaska
Page 3 of 4
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:
American Red Cross of Alaska
235 E. 8th Ave. Ste. 200
Anchorage, Alaska 99501
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.
CITY OF KENAI
By: ________________________
City Manager
9
Special Use Permit—American Red Cross of Alaska
Page 4 of 4
AMERICAN RED CROSS OF ALASKA
By: ________________________
Paul Ramage
Regional Facility Coordinator
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, 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 Paul Ramage, of American Red Cross, an
Alaska non-profit corporation, on behalf of the corporation.
________________________________
Notary Public for Alaska
My Commission Expires: __________
10
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MEMORANDUM
TO: Airport Commission
FROM: Linda Mitchell, Planning Director
DATE: December 2, 2022
SUBJECT: Special Use Permit to Jeff Bettis for a Towing Storage Yard
Jeff Bettis, business owner of Pro Tow, has requested a Special Use Permit (SUP) to store towed
vehicles on a City-owned parcel (.48 acre) described as Lot 4, Block 5, Cook Inlet Industrial Air
Park, located at 310 Airport Way for the maximum period of one-year with an approximate starting
date of December 30, 2022. The subject property is currently vacant and it was previously used
as a towing storage yard between 2007 and 2018. The SUP request is similar to the previous use
on the subject property. The applicant stated that the proposed SUP would be used for a towing
storage yard at a suitable location for towing service requests by Kenai Police Department and
Alaska State Troopers.
The FY23 Annual Rent is $6,190.08. The same rent amount plus applicable sales tax is
recommended for the SUP. If the SUP period is less than one (1) year, then the rent would be
prorated at $515.84 per month plus applicable sales tax.
The parcel is within the Central Mixed Use (CMU) Zone of the City and within the Airport Reserve.
Pursuant to requirements of the Federal Aviation Administration, the City reserves the right to
cancel the special use permit with a minimum 90-day notice.
The recommendation of the Airport Commission will be provided to City Council as part of their
decision process for the special use permit. If City Council approves, the City Manager would
execute a special use permit for a towing storage yard to Jeff Bettis.
Does the Commission recommend Council approve the special use permit?
Attachments
Special Use Permit Application
Aerial Map
Draft Special Use Permit
12
K~NAI
N
Special Use Permit -Towing Storage Yard
Lot 4, Block 5 Cook Inlet Industrial Air
Park -310 Airport Way
KPB Parcel ID: 04322021
Map for Reference Only
NOT A LEGAL DOCUMENT A 0.-------.--...... 25-0 -~-5 ...... 0-0 -...------.-----.--------.1,000 Feet 14
Special Use Permit – Jeffrey Bettis – Towing Storage Yard Page 1 of 7
SPECIAL USE PERMIT
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below,
hereby grants to JEFFREY BETTIS (PERMITTEE), whose address is 53335 Lee Avenue, Kenai
Alaska 99611, the non-exclusive right to use the parcel as described below:
T 6N R 11W SEC 32 SEWARD MERIDIAN KN 0001448 COOK
INLET INDUSTRIAL AIR PARK SUB LOT 4 BLK 5 as depicted in
Exhibit A (310 Airport Way). Approximately 0.46 acre.
1. TERM. This special use permit shall commence and be effective on December 30, 2022,
and shall extend through December 29, 2023.
2. CANCELLATION. Pursuant to requirements of the Federal Aviation Administration, the
City reserves the right to cancel this special use permit with a minimum 90-day notice,
either delivered in person to the Permittee or by mail. Any or all personal property shall be
removed at Permittee’s expense upon cancellation or termination of this agreement.
3. PERMIT FEES. The Permittee shall be charged an annual permit fee of $6,190.08, plus
applicable sales tax.
The Permittee shall not use the parcel until paying the City the permit fee.
Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai
and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611.
In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate
parties all levies, assessments, and charges as hereinafter provided:
A. Sales tax nor enforced, or levied in the future, computed upon the permit fee
payable in monthly installments whether said fee is paid on a monthly or yearly
basis;
B. All necessary licenses and permits; all lawful taxes and assessments which, during
the term hereof may become a lien upon or which may be levied by the State,
Borough, City, or by any other tax levying body, upon any taxable possessory right
which Permittee may have in or to the Premises by reason of its use or occupancy
or by reason of the terms of this Permit, provided however, that nothing herein
contained shall prevent Permittee from contesting any increase in such tax or
assessment through procedures provided by law.
C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent
(10%) of any amount of money owed under this Special Use Permit which are not
paid on or before the due date.
D. Costs and expenses incident to this Special Use Permit, including but not limited
to recording costs.
15
Special Use Permit – Jeffrey Bettis – Towing Storage Yard Page 2 of 7
4. USE. The use by the Permittee of the Premises is limited to the purpose of a Towing
Storage Yard. This use is subject to City, Borough, and State laws and regulations and
the reasonable administrative actions of the City for the protection and maintenance of the
Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject
to the following conditions:
A. Permittee shall use the Premises only for a towing storage yard.
B. Vehicles must be stored in a manner that will not limit sight lines or create other
unsafe driving conditions on adjacent right-of-ways.
C. The premises shall be returned to its current condition prior to the end of the term
of this Special Use Permit. This shall include the removal of any trash or debris.
D. Vehicles must be stored in a manner that will not impact any City snow clearing or
moving activities.
E. Vehicle shall be stored such that there will not be oil or other hazardous fluids
leaking onto the premises.
F. Vehicles shall be stored such that there will not be grass or vegetation growing
between vehicles.
G. The Permittee shall follow requirements of the City Fire Marshal and allow City
staff to inspect the premises if requested.
H. The Permittee shall comply with the conditions set forth in the Conditional Use
Permit (Resolution No. PZ2022-26).
5. INSURANCE. Permittee shall secure and keep in force adequate insurance, as stated
below, to protect City and Permittee. Where specific limits are stated, the limits are the
minimum acceptable limits. If Permittee’s insurance policy contains higher limits, the City
is entitled to coverage to the extent of the higher limits.
A. Garage Liability or Commercial General Liability Insurance, including Premises, all
operations, property damage, personal injury and death, broad-form contractual,
with a per-occurrence limit of not less than $1,000,000 combined single limit. The
policy must name the City as an additional insured.
B. Worker’s Compensation Insurance with coverage for all employees engaged in
work under this Permit or at the Premises as required by AS 23.30.045. Permittee
is further responsible to provide Worker’s Compensation Insurance for any
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
C. Commercial Automobile Coverage with not less than $1,000,000 combined single
limit per occurrence. This insurance must cover all owned, hired, and non-owned
motor vehicles the Permittee uses for snow moving and storage activities to, from,
or on the Premises. The policy must name the City as an additional insured.
16
Special Use Permit – Jeffrey Bettis – Towing Storage Yard Page 3 of 7
D. All insurance required must meet the following additional requirements:
i. All policies will be by a company/corporation currently rated “A-” or better
by A.M. Best.
ii. Permittee shall submit to the City proof of continuous insurance coverage
in the form of insurance policies, certificates, endorsements, or a
combination thereof, and signed by a person authorized by the insurer to
bind coverage on its behalf.
iii. Permittee shall request a waiver of subrogation against City from
Permittee’s insurer and the waiver of subrogation, where possible, shall be
provided at no cost to City.
iv. Provide the City with notification at least 30 days before any termination,
cancellation, or material change in insurance coverage of any policy
required hereunder.
v. Evidence of insurance coverage must be submitted to City by December
30, 2022. The effective date of the insurance shall be no later than
December 30, 2022.
vi. This insurance shall be primary and exclusive of any other insurance
carried by the City of Kenai. This insurance shall be without limitation on
the time within which the resulting loss, damage, or injury is actually
sustained.
6. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall
fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents,
employees, and volunteers at its own expense from and against any and all actions,
damages, costs, liability, claims, losses, judgments, penalties, including reasonable
Attorney’s fees of or for liability for any wrongful or negligent acts, errors, or omissions of
the Permittee, its officers, agents or employees, or any subcontractor under this Permit.
The Permittee shall not be required to defend or indemnify the City for any claims of or
liability for any wrongful or negligent act, error, or omission solely due to the independent
negligence of the City. If there is a claim of or liability for the joint negligence of the
Permittee and the independent negligence of the City, the indemnification and hold
harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall
be established upon final determination of the percentage of fault. If any such
determination is by settlement, the percentage of fault attributed to each party for purposes
of this indemnification provision shall only be binding upon the parties included in the
settlement agreement. “Permittee” and “City” as used in this article include the employees,
agents, officers, directors, and other contractors who are directly responsible, respectively,
for each party. The term “independent negligence of the City” is negligence other than in
the City’s selection, administration, monitoring, or controlling of the Permittee.
7. PERMITTEE’S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not
permit any liens, including mechanic’s, laborer’s, construction, supplier’s, mining, or any
17
Special Use Permit – Jeffrey Bettis – Towing Storage Yard Page 4 of 7
other liens obtainable or available under existing law, to stand against the Premises or
improvements on the Premises for any labor or material furnished to Permittee or to any
related entity or claimed entity. The Permittee shall have the right to provide a bond as
contemplated by State of Alaska law and contest the validity or amount of any such lien
or claimed lien. Upon the final determination of the lien or claim for lien, the Permittee will
immediately pay any judgment rendered with all proper costs and charges and shall have
such lien released or judgment satisfied at Permittee’s own expense.
8. PERSONALTY. Permittee shall remove any and all personal property, including all
vehicles, from the Premises at the termination of this Permit. Personal property placed or
used upon the Premises and not removed upon termination of this Permit will be removed
and/or impounded by the City. Property removed or impounded by the City may be
redeemed by the owner thereof only upon the payment to the City of the costs of removal
plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to
or theft of any personality of Permittee or its customers.
9. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions,
and/or any requirement herein contained, or referred to, shall not constitute or be
construed as a waiver or relinquishment of the right to exercise such terms, conditions, or
requirements.
10. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by
giving 30 days advance written notice to the other party. The City may terminate the Permit
immediately, or upon notice shorter than 30 days, to protect public health and safety. The
City may also terminate this Permit immediately, or upon notice shorter than 30 days, due
to a failure of Permittee to comply with conditions and terms of this Permit, which failure
remains uncured after notice by City to Permittee providing Permittee with a reasonable
time period to correct the violation or breach.
11. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color,
religion, national origin, ancestry, age, or sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or
State law. Permittee recognizes the right of the City to take any action necessary to
enforce this requirement.
12. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of
this Permit, the Premises, or any improvement on the Premises without the written consent
of the City. Unless the City specifically releases the Permittee in writing, the City may hold
the Permittee responsible for performing any obligation under this permit which an
assignee fails to perform.
13. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume
all risks incurred in its activities on the Premises and its exercise of the privileges granted
in this Permit.
14. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises.
15. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this
Permit shall survive the cancellation, termination, or expiration of this Permit.
18
Special Use Permit – Jeffrey Bettis – Towing Storage Yard Page 5 of 7
16. AUTHORITY. By signing this Permit, Permittee represents that is has read this
agreements and consents to be bound by the terms and conditions herein and that the
person signing this Permit is duly authorized by the business to bind the business
hereunder.
CITY OF KENAI
By: _________________________
Paul Ostrander
City Manager
JEFF BETTIS
By: _________________________
Jeff Bettis
19
Special Use Permit – Jeffrey Bettis – Towing Storage Yard Page 6 of 7
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2022, the foregoing instrument was
acknowledged before me by Paul Ostrander, City Manager of the City of Kenai, Alaska, an Alaska
home rule municipality, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2022, the foregoing instrument was
acknowledged before me by Jeffrey Bettis.
Notary Public for Alaska
My Commission Expires:
20
Special Use Permit – Jeffrey Bettis – Towing Storage Yard Page 7 of 7
ATTEST:
Michelle M. Saner, MMC, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
21
EXHIBIT A
Special Use Permit -Towing Storage Yard
Lot 4, Block 5 Cook Inlet Industrial Air Park -310 Airport Way
KPB Parcel ID: 04322021
N Map for Reference Only
A o.-------r--2--r-50---r---50.--0--.--------.-----r---1---., 000 Feet 22
Kenai City Council - Regular Meeting Page 1 of 3
November 16, 2022
Kenai City Council - Regular Meeting
November 16, 2022 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 3**
www.kenai.city
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comments 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 comments limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ADOPTED UNANIMOUSLY. Resolution No. 2022-75 - Authorizing the Purchase of Real
Property Described as Lot 7, Block 19, Original Townsite of Kenai, Located Within Section 5,
T5N, R22W, Seward Meridian, and Designated as Kenai Peninsula Borough Parcel Number
04710307 From Julian Errea et al. and Dan Hilderbrand, for the Public Purpose of Including the
Property in the Bluff Erosion Restoration Project and Determining that the Public Interest Will
Not be Served by an Appraisal. (Administration) (7 Yes, 0 No)
2. ADOPTED AS AMENDED UNANIMOUSLY. Resolution No. 2022-76 - Authorizing a Contract
for Employee Health Care Effective January 1, 2023. (Administration) (7 Yes, 0 No)
3. ADOPTED UNANIMOUSLY. Resolution No. 2022-77 - Authorizing the Sole Source Purchase
of a Team Eagle Edge-Lite Runway Edge Light Cleaner Attachment from BSI Equipment LLC
for the Kenai Municipal Airport Through the Federal Aviation Administration Airport
Improvement Program Grant No. 3-02-0142-072-2022 and Issuance of a Purchase Order.
(Administration) (7 Yes, 0 No)
E. MINUTES
1. *Regular Meeting of November 2, 2022. (City Clerk)
F. UNFINISHED BUSINESS
23
Kenai City Council - Regular Meeting Page 2 of 3
November 16, 2022
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Non-Objection to Liquor License Renewal for Playa Azul. (City Clerk)
3. *Ordinance No. 3321-2022 - Repealing Kenai Municipal Code Sections 13.30.030- Night
Parking Prohibited, 13.30.050- Signs Bearing the Legend, and 13.30.100- Parking Prohibited
on Kenai Avenue, and Reenacting and Renaming Kenai Municipal Code 13.30.030- Street
Parking Prohibitions, to Allow Greater Flexibility in Regulating Street Parking in the City. (Legal)
4. *Ordinance No. 3322-2022 - Increasing Estimated Revenues and Appropriations in the
General Fund for Costs in Excess of Budgeted Amounts for Public Works Street Lighting
Repairs and Maintenance. (Administration)
5. *Ordinance No. 3323-2022 - Accepting and Appropriating Grants from the U.S. Department of
Homeland Security Passed Through the State of Alaska Department of Military and Veterans’
Affairs for the Purchases of Public Safety Radios, Police In-Car Video Systems, and a Cyber
Security Assessment. (Administration)
6. JOHN COSTON UNANIMOUSLY APPOINTED. Action/Approval – Confirmation of Mayoral
Nomination for Appointment to the Harbor Commission. (Mayor Gabriel) (7 Yes, 0 No)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENTS
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Race Across Alaska Winter Challenge (RAAWC) Invite
24
Kenai City Council - Regular Meeting Page 3 of 3
November 16, 2022
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Join Zoom Meeting OR
https://us02web.zoom.us/j/89664559311 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 896 6455 9311 Passcode: 290589 Meeting ID: 896 6455 9311 Passcode: 290589
25
October
Enplanement Report
Month RAVN
ALASKA
GRANT
AVIATION
Kenai
Aviaiton
Total
2022 2021 Change
from 2021
January 2,882 1,764 4,646 3,389 1,257
February 3,122 1,573 4,695 3,112 1,583
March 3,438 1,911 5,349 4,127 1,222
April 3,430 1,720 5,150 4,035 1,115
May 3,661 1,909 51 5,621 4,464 1,157
June 4,268 2,448 44 6,760 5,953 807
July 6,162 2,682 52 8,896 9,259 -363
August 4,968 3,250 56 8,274 10,035 -1,761
September 4,258 2,506 36 6,800 6,500 300
October 3,470 2,286 185 5,941 5,596 345
November 0 5,803
December 0 5,571
Totals 39,659 22,049 424 62,132 67,844 5,662
Terminal - Vehicle Parking Revenues
October
FY22 $16,723 FY22 Total $202,020
FY23 $19,707 FY23 YTD $78,122
Ravn
3,470
58.41%
Grant
2,286
38.48%
Kenai
Aviation
185
3.11%
October 2022
5,941
0
2500
5000
7500
10000
12500
15000
17500
20000
22500
Vehicle Parking Revenues
FY22
FY23
26
DECEMBER 8, 2022
AIRPORT COMMISSION MEETING
ADDITIONAL MATERIALS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add Item 11.b Informational Item – Airport Manager
Ordinance XXXX-2022 - Increasing Estimated
Revenues and Appropriations in the Airport
Special Revenue and Airport Improvements Capital
Project Funds and Authorizing the Procurement of
Airport Snow Removal Equipment.
1
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. XXXX-2022
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT
SPECIAL REVENUE AND AIRPORT IMPROVEMENTS CAPITAL PROJECT FUNDS AND
AUTHORIZING THE PROCUREMENT OF AIRPORT SNOW REMOVAL EQUIPMENT.
WHEREAS, Resolution 2022-18 adopting the City’s Capital Improvement Plan for Fiscal Years 2023 –
2027 included the purchase of two Runway Broom Replacements; and,
WHEREAS, the Kenai Municipal Airport (ENA), Airport Improvement Program (AIP) Entitlement Funds
balance through federal fiscal year 2023 is $2,350,000; and,
WHEREAS, the ENA Airport Capital Improvement Program in coordination with Federal Aviation
Administration (FAA) has programmed the replacement of two pieces of Snow Removal Equipment
(SRE) in federal fiscal year 2023; and,
WHEREAS, the Airport anticipates federal AIP funding to replace two pieces of SRE by May 2023; and,
WHEREAS, the Airport anticipates federal AIP funding to be 93.75% of eligible costs; and,
WHEREAS, the Airport will fund the remaining 6.25% of eligible costs; and,
WHEREAS, current manufacturer lead times exceed 365 days; and,
WHEREAS, the State of Alaska Contract Award CA2284-21 allows for Alaska political subdivisions to
cooperatively purchase from this contract; and,
WHEREAS, the estimated cost for each piece of equipment excluding shipping from Seattle to ENA is
$816,000; and,
WHEREAS, the estimated cost of shipping all equipment from Seattle to ENA is $80,000; and,
WHEREAS, approval of this Ordinance is in the best interest of the Airport and the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the City Manager is authorized to execute an Agreement with M-B Companies, Inc.
in the amount of $1,720,000.
Section 2. That the following budget revision is authorized:
Airport Special Revenue Fund:
Increase estimated revenues –
Appropriation of Fund Balance $1,720,000
Increase Appropriations –
Transfer to Airport Improvement Capital Project Funs $1,720,000
Airport Improvement Capital Fund:
2
Ordinance No. XXXX-2022
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
Increase Estimated Revenues –
Transfer from Airport Special Revenue Fund $1,720,000
Increase Appropriations –
ENA Snow Removal Equipment $1,720,000
Section 3. 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 4. 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 21st DAY OF DECEMBER,
2022.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: December 21, 2022
Enacted: January 04, 2023
Effective: January 04, 2023
3
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Eland Conway, Airport Manager
DATE: December 6, 2022
SUBJECT: Ordinance No. XXXX-2022 – INCREASING ESTIMATED REVENUES
AND APPROPRIATIONS IN THE AIRPORT SPECIAL REVENUE AND
AIRPORT IMPROVEMENTS CAPITAL PROJECT FUNDS AND
AUTHORIZING THE PROCUREMENT OF AIRPORT SNOW REMOVAL
EQUIPMENT
The purpose of this memo is to request Council’s approval to appropriate funds to enter into an
agreement with M-B Companies, Inc. for the procurement of two pieces of airport Snow Removal
Equipment (SRE). Both pieces of equipment were programmed in the City of Kenai FY 2023 –
2027 Capital Improvement Plan adopted by Council through Resolution 2022-18.
Through the FAA Airport Improvement Program (AIP), the airport has carried over a balance of
entitlement funds in the amount of $2.35M as of federal FY2023. These funds are earmarked for
these two pieces of SRE and expected to be made available to the Airport by May 2023.
Current lead times for the MB2 multi-tasking snow removal chassis with cradling broom exceed
365 calendar days. Appropriating airport funds will allow the airport to enter into an agreement
with M-B Companies, Inc. in advance of FAA funding, and allow the airport to receive the SRE in
a reasonable amount of time for use next winter.
Historically the airport has appropriated funds to expedite/facilitate AIP projects and generally
received reimbursement prior to project completion or upon project closeout.
On May 1, 2021 the State of Alaska awarded a contract (CA2284-21 Amendment 1) to M-B
Companies, Inc. for the purchase of Tractors and Towed Cradling Brooms. This contract allows
other Alaska political subdivisions to cooperatively purchase from the resulting contract. The
contract does not include shipping from Seattle to Kenai, these shipping costs have been
estimated based on recent SRE shipping costs.
Your consideration and support is respectfully requested.
4
Page 2 of 2
Qty. Description Total FAA Grant Funding (93.75%) $ 1,604,946
2 MB2 $ 1,631,943 Airport Funding (6.25%) 106,997
2 Shipping - Seattle to Kenai (Estimated) $ 80,000
Total Estimated Cost Delivered $ 1,711,943
5