HomeMy WebLinkAbout2023-01-04 Council PacketKenai City Council - Regular Meeting Page 1 of 3
January 04, 2023
Kenai City Council - Regular Meeting
January 04, 2023 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 3**
www.kenai.city
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. Ordinance No. 3324-2022 - Increasing Estimated Revenues and Appropriations in the Airport
Special Revenue and Airport Improvements Capital Project Funds and Authorizing the
Purchase of Airport Snow Removal Equipment. (Administration)
2. Ordinance No. 3325-2022 - Accepting and Appropriating Donations to the Kenai Community
Library for the Purchase of Program Supplies and Equipment. (Administration)
3. Ordinance No. 3326-2022 - Increasing Estimated Revenues and Appropriations in the General
Fund Parks, Recreation and Beautification Department, and Authorizing an Increase to the
Multi-Purpose Facility Management Services Purchase Order to Red Line Sports for Additional
Ice Maintenance Services. (Administration)
4. Ordinance No. 3327-2022 - Increasing and Decreasing Estimated Revenues and
Appropriations to Reallocate Grant Funds Previously Appropriated for Construction of a
Pedestrian Bridge in the Kenai Municipal Park to Playground Equipment Replacement at the
Softball Greenstrip. (Administration)
5. Ordinance No. 3328-2022 - Increasing Estimated Revenues and Appropriations in the Airport
Snow Removal Equipment Capital Project Fund to Provide Supplemental Funding for the Kenai
Municipal Airport’s Snowblower and Increasing the Existing Purchase Order to Craig Taylor
Equipment. (Administration)
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Kenai City Council - Regular Meeting Page 2 of 3
January 04, 2023
6. Ordinance No. 3329-2022 - Increasing Estimated Revenues and Appropriations in the General
and Visitor Center Improvement Capital Project Funds to Provide Supplemental Funding for the
Roof Replacement Project. (Administration)
7. Ordinance No. 3330-2022 - Increasing Estimated Revenues and Appropriations in the General
and Recreation Center Improvement Capital Project Funds to Provide Supplemental Funding
for the Kenai Recreation Center Improvements Project. (Administration)
8. Resolution No. 2023-01 - Adopting an Alternative Allocation Method for the FY23 Shared
Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents
the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet Area.
(Administration)
9. Resolution No. 2023-02 - Adopting Goals to Guide the Preparation of the Fiscal Year 2024
Annual Budget. (Administration)
E. MINUTES
1. *Work Session of December 21, 2022. (City Clerk)
2. *Regular Meeting of December 21, 2022. (City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Non-Objection to the Renewal of a Golf Course-Seasonal Liquor License
to Griffin Golf LLC. DBA: Kenai Golf Course - License 5788. (Clerk)
3. *Action/Approval - Non-Objection to the Transfer of Controlling Interest for a Beverage
Dispensary and Restaurant Designation Permit Liquor License to G&P Inc., DBA: The White
Moose - License 204. (Clerk)
4. *Ordinance No. 3331-2023 - Increasing Estimated Revenues and Appropriations in the
General Fund – Police Department and Accepting Grants from the United States Department
of Justice and Alaska Municipal League Joint Insurance Association for the Purchase of Ballistic
Vests. (Administration)
5. *Ordinance No. 3332-2023 - Amending Kenai Municipal Code Section 3.10.070-Livestock
within the City Limits, to Allow a Maximum of Twelve (12) Chicken Hens to be Kept on Certain
Lots Less than 40,000 Square Feet within the City of Kenai. (Douthit)
6. Action/Approval - Confirming the Mayor Appointment of Kenneth Ayers to the Council on
Aging for a Partial Term Ending December 31, 2024. (Gabriel)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
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Kenai City Council - Regular Meeting Page 3 of 3
January 04, 2023
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
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/81303072020 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 813 0307 2020 Passcode: 480578 Meeting ID: 813 0307 2020 Passcode: 480578
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Sponsored by: Administration
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CITY OF KENAI
ORDINANCE NO. 3324-2022
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT
SPECIAL REVENUE AND AIRPORT SNOW REMOVAL EQUIPMENT CAPITAL PROJECT FUNDS
AND AUTHORIZING THE PURCHASE 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, KMC 7.15.070(b)(4) allows for purchases of equipment purchasable under contract of
another governmental agency; 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 $1,712,000.
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 –
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Ordinance No. 3324-2022
Page 2 of 2
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Transfer to Airport Snow Removal Equipment Capital Project Funds $1,720,000
Airport Improvement Capital Fund:
Increase Estimated Revenues –
Transfer from Airport Special Revenue Fund $1,720,000
Increase Appropriations –
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 4TH DAY OF JANUARY, 2023.
___________________________________
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
Page 5
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Eland Conway, Airport Manager
DATE: December 6, 2022
SUBJECT: Ordinance No. 3324-2022 - 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.
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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
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Sponsored by: Administration
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CITY OF KENAI
ORDINANCE NO. 3325-2022
AN ORDINANCE ACCEPTING AND APPROPRIATING DONATIONS TO THE KENAI COMMUNITY
LIBRARY FOR THE PURCHASE OF PROGRAM SUPPLIES AND EQUIPMENT.
WHEREAS, the Kenai Community Library received $1,600 from the Friends of the Kenai Community
Library; and,
WHEREAS, the Library received $1,000 for general support from Derek Kaufman Fund, a Hilcorp donor
advised fund of the Alaska Community Foundation; and,
WHEREAS, the Library received a $100 donation from a community member in memory of Barbara
Hultberg; and,
WHEREAS, the funds will be used to purchase supplies and equipment for children, teen, and adult
programming and library operations; and,
WHEREAS, acceptance of these donations to further the mission of the Kenai Community Library is in
the best interest of the City and its residents.
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 accept these funds in the amount of $2,700.
Section 2. That the following budget revision is authorized:
General Fund:
Increase Estimated Revenues–
Miscellaneous Donation $2,700
Increase Appropriations –
Library - Operating & Repair Supplies $2,700
Section 3. That the City Manager is authorized to expend these funds in line with the intentions of
the donors.
Section 4. 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 5. 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 4TH DAY OF JANUARY, 2023.
Page 8
Ordinance No. 3325-2022
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
___________________________________
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
Page 9
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe, Library Director
DATE: December 13, 2022
SUBJECT: Donations to the Kenai Community Library
The Kenai Community Library received the following donations:
• $1,600 from the Friends of the Kenai Community Library
• $100 in memory of Barbara Hultberg
• $1,000 for general support from the Derek Kaufman Fund, a Hilcorp donor advised fund
of the Alaska Community Foundation.
Library staff intend to use these donations to purchase a new story time rug and cushions, along
with other supplies and equipment for programming and library operations. We appreciate our
donors’ support and generosity!
Thank you for your consideration.
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MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe, Library Director
DATE: December 21, 2022
SUBJECT: Ordinance 3325-2022 Requested Amendment
The purpose of this memo is to request an amendment to Ordinance 3325-2022. The purpose of
the original ordinance was to appropriate $2,700. We recently received $300 from a community
member, and we would like to add this donation to Ordinance 3325-2022.
The following amendment is respectfully requested.
Motion
Thank you for your consideration.
Add a new fourth WHEREAS section that reads:
WHEREAS, the Library received a $300 donation from a community member to use as
library staff sees fit; and,
Amend both Sections 1 and 2 by replacing the amount of funds being accepted and
appropriated from $2,700 to $3,000:
Section 1. That the City Manager is authorized to accept these funds in the amount of
[$2,700] $3,000.
Section 2. That the following budget revision is authorized:
General Fund:
Increase Estimated Revenues–
Miscellaneous Donation [$2,700] $3,000
Increase Appropriations –
Library - Operating & Repair Supplies [$2,700] $3,000
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Sponsored by: Administration
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CITY OF KENAI
ORDINANCE NO. 3326-2022
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL
FUND PARKS, RECREATION AND BEAUTIFICATION DEPARTMENT, AND AUTHORIZING AN
INCREASE TO THE MULTI-PURPOSE FACILITY MANAGEMENT SERVICES PURCHASE ORDER TO
RED LINE SPORTS FOR ADDITIONAL ICE MAINTENANCE SERVICES.
WHEREAS, Red Line Sports was awarded a contract to provide Facility Management and Ice Machine
Services for the 2022/2023 season with the expectation the contract would be adjusted, if needed, based
on actual ice rental hours and required maintenance needs; and,
WHEREAS, by prior resolution the Multi-Purpose Facility (MPF) contract was amended to start two
months earlier in July to provide ice to the hockey community; and,
WHEREAS, the amended contract did not include an increase in the renumeration of the contract; and,
WHEREAS, no additional funds were appropriated to support the amended contract; and,
WHEREAS, the revenue from additional ice sales will exceed the additional ice maintenance cost.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the Kenai City Council authorizes the City Manager to authorizes an increase to
Purchase Order No.3274-2022 in the amount of $40,000.
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase estimated revenues –
Appropriation of Fund Balance $40,000
Increase expenditures –
Parks & Recreation – Professional Services $40,000
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 4TH DAY OF JANUARY, 2023.
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Ordinance No. 3326-2022
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
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
Page 13
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Brad Walker, Parks & Recreation Director
DATE: December 8, 2022
SUBJECT: Ordinance No. 3326-2022 Multi-Purpose Facility PO Increase
The purpose of this memo is to recommend the adoption of Ordinance No. 3326-2022 increasing
the Multi-purpose Facility (MPF) Management Services purchase order to Red Line Sports.
Extension of contracted services
The Soldotna Regional Sports Complex and the Kenai Multi-Purpose Facility planned to be closed
for the summer months of August and September, 2023 to complete facility maintenance. The
Hockey community approached both Cities and asked for one of them to install and rent ice, or it
would be detrimental to their youth programs. Kenai obliged these groups and was able to
complete their maintenance early. In doing so, the Multi-Purpose facility contract was extended
by two months by Resolution 2022-55. While two more months were added to the contractor’s
agreement, no additional funds were appropriated for ice maintance services.
Funds
The current purchase order to Red Line Sports has nearly expired due to the contract extension.
Using projections from previous years, it is estimated that an appropriation of $40,000 is needed
to meet the hockey community's needs at the MPF. Projected ice sales exceed projected
maintenance costs.
Conclusion
The City of Kenai was able to provide ice for the local hockey community when the Soldotna
Regional Sports Complex was under maintenance which greatly benefitted the local hockey
programs. However, the MPF was only designed to operate in the colder winter months
(October-March.) In the future, administration is recommending that ice only be available during
the winter months (October-March.)
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Sponsored by: Administration
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CITY OF KENAI
ORDINANCE NO. 3327-2022
AN ORDINANCE INCREASING AND DECREASING ESTIMATED REVENUES AND
APPROPRIATIONS TO REALLOCATE GRANT FUNDS PREVIOUSLY APPROPRIATED FOR
CONSTRUCTION OF A PEDESTRIAN BRIDGE IN THE KENAI MUNICIPAL PARK TO PLAYGROUND
EQUIPMENT REPLACEMENT AT THE SOFTBALL GREENSTRIP.
WHEREAS, the City was awarded a grant from the State of Alaska, DHSS, Division of Public Health in
support of creating and sustaining healthy and equitable communities that strategically aim to build
infrastructure to improve health outcomes for high risk, underserved populations; and,
WHEREAS, the grant amount of $86,596.90 is comprised of the City's allocation of $43,298.45 and an
additional $43,298.45 from the Kenai Peninsula Borough allocation that was approved by Kenai
Peninsula Borough Ordinance 2021-19-29; and,
WHEREAS, a list of projects was submitted to the Program Manager for pre-approval and on November
3, 2021 two priorities were presented to Council, with Council voting for the Municipal Park Trail
Boardwalk Project pedestrian bridge; and,
WHEREAS, the second project “Replace Green Strip Playground Equipment” was identified and
discussed by Council and was on the pre-approved projects for the grant; and,
WHEREAS, the available grant funding is wholly insufficient to complete the pedestrian bridge project
but is sufficient to replace the softball Green Strip Playground equipment; and,
WHEREAS, the existing equipment has met it useful life and replacing it would provide the community
with improved and safer recreation activity; and,
WHEREAS, it is in the best interest of the City to utilize the funds to complete the alternative Green Strip
Playground Equipment project, rather then not be able to utilize the funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That estimated revenues and appropriations be decreased as follows:
Trail Construction Capital Project Fund:
Decrease estimated revenues –
Federal Grants $86,596.90
Decrease estimated appropriations –
Construction $86,596.90
Section 2. That estimated revenues and appropriations be increased as follows:
Playground Improvement Capital Project Fund:
Increase estimated revenues -
Federal Grants $86,596.90
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Ordinance No. 3327-2022
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
Increase estimated appropriations –
Construction $86,596.90
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 4TH DAY OF JANUARY, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: December 21, 2022
Enacted: January 4, 2023
Effective: January 4, 2023
Page 16
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Brad Walker, Parks and Recreation Director
DATE: December 7, 2022
SUBJECT: Ordinance No. 3327-2022 – Health and Equitable Grant Transfer
In November of 2021 the City of Kenai was notified of an award from the State of Alaska, Division
of Public Health for grant funding in support of creating and sustaining healthy and equitable
communities. Funding for this program is based on the population of each community within
Alaska and is calculated by the Alaska Health Equity Index. The City of Kenai was awarded by
the State $43,298.45. Additionally, the City of Kenai worked with the Kenai Peninsula Borough
who directly awarded us additional funding of $43,298.45, bringing our total grant funding to
$86,596.90.
On January 25, 2022 the Memorandum of Agreement between the Division of Public Health and
the City of Kenai was signed thus completing the requirements of the grant.
A list of projects was submitted to the Program Manager for pre-approval. On November 3, 2021
two priorities were presented to Council, with Council voting for the Municipal Park Trail
Boardwalk Project as the project to move forward.
This memo is requesting to reallocate funding from the approved Municipal Park Trail Boardwalk
Project to funding the replacement of the Steve Shearer Memorial Ball Park (also known as the
Softball Green Strip) playground. This is an approved project per the Program Manager pre-
approval. The available funding is not close to sufficient to complete the Trail Boardwalk Project
but is sufficient to make significant improvement to the playground.
Our records indicate the playground was installed April 1995, making this particular playground
almost 28 years old. Many repair/replacement parts are now obsolete and the clamps/hardware
we can source are becoming increasingly harder to procure. The industry standard for playground
equipment is to make updates every 8-10 years with consideration of complete replacement for
playgrounds 20 years and older. The Green Strip playground is one of our most used parks and
playgrounds in the City of Kenai and was rented almost every weekend from Memorial Day to
Labor Day.
Page 17
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There will be an immediate impact with the installation of this new playground at the Green Strip.
This project has the potential to benefit all who visit and use the Green Strip Park. Thank you for
your consideration of this ordinance.
Page 18
Sponsored by: Administration
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CITY OF KENAI
ORDINANCE NO. 3328-2022
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT
SNOW REMOVAL EQUIPMENT CAPITAL PROJECT FUND TO PROVIDE SUPPLEMENTAL
FUNDING FOR THE KENAI MUNICIPAL AIRPORT’S SNOWBLOWER AND INCREASING THE
EXISTING PURCHASE ORDER TO CRAIG TAYLOR EQUIPMENT.
WHEREAS, Council previously approved Ordinance 3201-2021 which provided $800,000 in funding from
the Airport Special Revenue Fund to allow the LaRue Snow Removal Equipment to be purchased in
advance of receiving Federal grant funds; and,
WHEREAS, Ordinance 3229-2021 appropriated $715,586 as the typical Federal Share (93.75%); and,
WHEREAS, Ordinance 3246-2021 appropriated an additional $47,706 in Federal grant funds to cover
the City’s share, which resulted in the purchase being 100% funded through grant funds; and,
WHEREAS, this Ordinance is providing final adjustments to the purchase which had previously included
estimated freight charges; and,
WHEREAS, the final purchase price of the unit delivered to Kenai is $780,390.20, with $763,292 having
been previously appropriated through the Ordinances outlined above; and,
WHEREAS, the difference of $17,098.20 is eligible for 100% Federal grant funding as well as an
additional $1,000 for project admin for a total of $18,098.20; and,
WHEREAS, Purchase Order 122926 to Craig Taylor Equipment will be increased to $780,390.20.
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 accept additional Federal grant funding in the
amount of $18,098.20, and to Increase Purchase Order 122926 to Craig Taylor Equipment to a total
amount of $780,390.20.
Section 2. That estimated revenues and appropriations be increased as follows:
Airport Snow Removal Equipment Capital Project Fund:
Increase Estimated Revenues –
Federal Grants $18,098.20
Increase Appropriations –
Equipment $18,098.20
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
Page 19
Ordinance No. 3328-2022
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
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 4TH DAY OF JANUARY, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: December 21, 2022
Enacted: January 4, 2023
Effective: January 4, 2023
Page 20
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: December 13, 2022
SUBJECT: Ordinance No. 3328-2022 – SRE Supplement
The purpose of this memo is to provide supplemental funding to close out the purchase of the
Kenai Municipal Airport LaRue Snow Blower / Broom. The equipment was purchased through
the State of Alaska Fleet contract with freight charges estimated at time of purchase. The
equipment has been delivered and placed into service with the final invoices now in receipt with
the actual freight charges now determined.
The breakdown of the costs are as follows:
• LaRue Snow Blower / Broom $745,450.00
• CO#1 Added Shotgun Chute $2,975.00
• Total Contract $748,425.00
• Total Freight Charges $31,965.20
• Total Admin Costs $1,000.00
• Total Cost $781,390.20
Previous legislation provided $763,292 in funding, an additional $18,098.20 is needed to settle
the balance. This purchase will be 100% funded by Federal Aviation Administration Grants.
Approval of this Ordinance is in the best interest of the City.
Council’s support is respectfully requested.
Page 21
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3329-2022
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL
AND VISITOR CENTER IMPROVEMENT CAPITAL PROJECT FUNDS TO PROVIDE SUPPLEMENTAL
FUNDING FOR THE ROOF REPLACEMENT PROJECT.
WHEREAS, the Visitor’s Center asphalt roof has reached the end of its intended life, Construction Bid
Documents were developed in the Spring 2022 with a formal Invitation to Bid for Construction released
on June 21, 2022; and,
WHEREAS, two bids were received on July 19, 2022 well in excess of budgeted amounts; and,
WHEREAS, it was determined that due to cost escalation factors and an excessive amount of work in
the area limiting available competition, that the project would be delayed and released under more
favorable time lines; and,
WHEREAS, the Public Works Department intends to release the project for bids in January/February
2023 with construction intended for May/June 2023; and,
WHEREAS, the additional funding requested with this Ordinance is intended to account for inflationary
factors and additional Scope of Work items not included within the original cost estimate; and,
WHEREAS, completion of this Work is necessary to avoid potential interior damages, and is intended to
safeguard the facility for the next 25 years.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the following budget revision is authorized:
Visitor Center Improvement Capital Project Fund:
Increase Estimated Revenues –
General Fund $100,000
Increase Appropriations –
Visitor Center Roof Replacement Project $100,000
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.
Page 22
Ordinance No. 3329-2022
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 4TH DAY OF JANUARY, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: December 21, 2022
Enacted: January 4, 2023
Effective: January 4, 2023
Page 23
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: December 13, 2022
SUBJECT: Ordinance No. 3329-2022 – Visitor Center Roof Replacement
The purpose of this Ordinance is to provide supplemental funding to this project to allow the
Department to move forward with bidding. The original project estimate was based on square
foot costs of asphalt shingle removal and replacement. As the construction documents were
developed additional items were identified that are appropriate to be addressed at this time
including various flashings and roof drains, which impacted costs. High oil prices have also
contributed to the cost of asphalt shingles, along with the supply chain issues which continue to
be more common the last few years.
As stated in the Ordinance the project was originally bid in June 2022. Material costs were high
and contractors were busy at that time. Our intentions are to rebid for a construction start earlier
in the season, in a more competitive environment.
This project is essential to protect the facility. Completion of the Work is expected to safeguard
the roof system for another 25 years. Completion of this Work at this time is in the best interest
of the City. Council’s support is respectfully requested.
Page 24
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3330-2022
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL
AND RECREATION CENTER IMPROVEMENT CAPITAL PROJECT FUNDS TO PROVIDE
SUPPLEMENTAL FUNDING FOR THE KENAI RECREATION CENTER IMPROVEMENTS PROJECT.
WHEREAS, the Recreation Center Improvements Project has finalized bid ready construction documents
including a cost estimate; and,
WHEREAS, this project is primarily focused on the replacement of the existing roof system along with
various mechanical HVAC unit replacements; and,
WHEREAS, during the design numerous code and performance type issues were identified, many of
which have been included within the bid documents which is why the additional funding is being
requested; and,
WHEREAS, there remains many code and maintenance type issues within the facility that are not being
undertaken with this project that would likely require an additional $1,000,000 in funding to address; and,
WHEREAS, approval of this Ordinance will allow the facility’s roof, which is actively leaking in several
locations, to be replaced extending the life of the facility and the replacement of multiple failed and end
of useful life HVAC units will assist with the long term safeguarding and maintenance of the facility; and,
WHEREAS, completion of this Work is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the following budget revision is authorized:
Recreation Center Improvement Capital Project Fund:
Increase Estimated Revenues –
General Fund $210,000
Increase Appropriations –
Kenai Recreation Center Improvements Project $210,000
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.
Page 25
Ordinance No. 3330-2022
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 4TH DAY OF JANUARY, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: December 21, 2022
Enacted: January 4, 2023
Effective: January 4, 2023
Page 26
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: December 14, 2022
SUBJECT: Ordinance 3330-2022 – Kenai Recreation Center Improvements
The Public Works Department with K+A Architecture have now completed bid ready construction
documents for this project. We are preparing to release the project for bidding next month. This
Ordinance is intended to appropriate additional funding to cover the cost estimate provided by the
design team.
As the project design has proceeded, numerous issues were identified in need of correction.
Items that were within the specific project area, touching items associated with the primary goals
of roof replacement and mechanical system improvements, were added to the project scope.
Others have been avoided, to be addressed in future projects.
The additional $210,000 being requested with this Ordinance is largely to address significant
issues with a lack of roof drains which has contributed to the roof leaks common over the last few
years. Numerous new drains have been added within the design and extend to a new storm drain
field within the existing parking area. Additionally on the mechanical side six roof top units (RTUs)
and five exhaust fans are included with the design for replacement, along with a complete new
roof system for the facility.
These repairs represent a substantial investment in this facility. I want to be clear to Council that
this work is necessary to protect the facility, however the expenses are adding up. Council should
understand that completion of this project and an estimated $1,000,000 of additional future needs
at the facility will total approximately $2,500,000.
I will be available at the meeting to discuss, thank you for your consideration of this Ordinance.
Page 27
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2023-01
A RESOLUTION ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY23 SHARED
FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD
FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS
ACTIVITY IN FMA 14: COOK INLET AREA.
WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY23 Shared Fisheries
Business Tax Program, the municipality must demonstrate to the Department of Community and
Economic Development that the municipality suffered significant effects during calendar year 2021 from
fisheries business activities; and,
WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible
municipalities located within fisheries management areas specified by the Department of Commerce,
Community and Economic Development; and,
WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Community and
Economic Development, of alternative allocation methods which may be used within fisheries
management areas if all eligible municipalities within the area agree to use the method, and the method
incorporates some measure of the relative significant effect of fisheries business activity on the respective
municipalities in the area.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. City Council of the City of Kenai proposes to use an alternative allocation method for
allocation of FY23 funding available within FMA 14: Cook Inlet Area in agreement with all other
municipalities in this area participating in the FY23 Shared Fisheries Business Tax Program.
Section 2. That the Kenai City Council by this Resolution certifies that the following alternative
allocation method fairly represents the distribution of significant effects during 2021 of fisheries business
activity in FMA 14: Cook Inlet Area:
• That all municipalities share equally 50% of the allocation; all municipalities share the remaining
50% on a per capita basis.
Section 3. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 4th DAY OF JANUARY, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Page 28
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Lana Metcalf, Controller
DATE: December 27, 2022
SUBJECT: Resolution No. 2023-01 Adopting an Alternate Allocation Method for
FY23 Shared Fisheries Business Tax
The City receives revenue from the State of Alaska for fish tax collected by the State in two
different methods. The Department of Revenue (DOR) distributes “Raw Fish Tax,” fisheries
business taxes, fishery resource landing taxes, salmon marketing tax, and other seafood taxes
from licensed seafood processors, floating processors, and seafood exporters, to eligible
municipalities as prescribed in AS 43.77.060. The City’s FY2022 share was $60,284.09 and was
based upon 2020 collections by the DOR.
The second method by which the City receives fish tax revenue is through the Alaska Department
of Commerce Community and Economic Development (ADCCED) Shared Fisheries Business
Tax Program. ADCCED receives 50% of the undistributed Raw Fish Tax from the DOR to
distribute to impacted communities. For the Cook Inlet Fisheries Management Area, which the
City is a part of, the amount to be distributed in FY23 is $26,230.49. Eleven communities will
receive a portion of that amount with the City of Kenai estimated to receive $1,442.66.
There are two methods of allocation for the Shared Fisheries Business Tax. The first method
involves a lengthy application process in which the applicants must show the impact to their local
community of the fishing industry. Once impact is shown, half of the total amount to be distributed
($13,115.24 for FY2023) is divided equally amongst the communities, and the remaining half
($13,115.24 for FY2023) is distributed based upon the impact shown in their application.
The second method permits all communities in Fisheries Management Area to elect an alternate
method of allocation. This alternate method eliminates the lengthy community application
process. Since inception of the Share Fisheries Business Tax Program in fiscal year 1992, the
communities of the Cook Inlet Fisheries Management Area have selected the alternate allocation
method. A resolution like 2023-01 has been adopted every year since fiscal year 1992 and is a
required step to elect the alternate allocation method.
The alternate method elected by the Cook Inlet Fisheries Management Area for FY23 will again
include an equal distribution of one-half the total and the remaining half is distributed based upon
population of the community. The eleven communities in the Cook Inlet Fisheries Management
Page 29
Page 2 of 2
Resolution 2023-01
Page 2 of 2
Area are Anchorage, Homer, Kachemak, Kenai, Kenai Peninsula Borough, Seldovia, Seward,
Soldotna, Houston, Palmer, and Wasilla. Allocations to each community under the alternative
allocation method will be the following:
Anchorage $11,020.06 Kenai Peninsula Borough $3,192.37
Homer 1,378.57 Seward 1,280.60
Kachemak 1,213.33 Soldotna 1,343.22
Kenai 1,442.66 Houston 1,259.77
Seldovia 1,201.06 Wasilla 1,505.31
Palmer 1,393.53
Thank you for your consideration.
Page 30
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2023-02
A RESOLUTION ADOPTING GOALS TO GUIDE THE PREPARATION OF THE FISCAL YEAR 2024
ANNUAL BUDGET.
WHEREAS, at the Fiscal Year 2024 Budgetary Goals Work Session on December 21, 2022 the Council
discussed and accepted public comment on goals and objectives to guide the City’s fiscal year 2024
budget development; and,
WHEREAS, the adoption of budget goals helps to ensure the budget is prepared in a manner which
meets the needs and desires of the community and is consistent with the desires of the Council; and,
WHEREAS, the Council has discussed and collectively adopted the Broad Statement of Purpose and
Goals for the preparation of the Fiscal Year 2024 City of Kenai Budget as provided below; and,
WHEREAS, the City Manager will utilize the adopted Broad Statement of Purpose and Goals to guide
the creation of the City’s Draft Budget which will be submitted to the Council for consideration and
adoption.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. The Council adopts the following Fiscal Year 2024 Budget Goals and Broad Statement of
Purpose:
Broad Statement of Purpose
It is a goal of the City to formulate and adopt a budget which is fiscally responsible and meets the needs
and priorities of the community it serves. A fiscally responsible budget ensures revenues, taxes, and
fees are sufficient but not excessive to fund current operations and contribute to the long-term
maintenance of City infrastructure used to provide services. Meeting the needs and priorities of the
community means prioritizing essential services while being mindful that non-essential services such as
parks, recreation, arts, library and senior services have significant importance to a vibrant, well-balanced
community in which individuals have a desire to live and businesses seek to locate.
Specific Goals
1. Submit a budget for consideration that maintains the City’s current mill and sales tax rates and
complies with the General Fund, Fund Balance Policy codified in KMC 7.25.
2. Incorporate a salary schedule increase of 2% that was provided as a one-year-only bonus to
employees in the FY23 budget, provide an additional salary schedule increase that meets the City’s
Fund Balance Policy/Goals, does not increase the rates of taxation, does not reduce the level of
Capital Budget contribution by the General Fund or result in a reduction of services, not to exceed
inflation as measured by the 2022 Alaska Consumer Price Index for All Urban Consumers, second
half over second half, and complete a compensation and classification study to determine if the City’s
salary schedule provides appropriate compensation to employees comparable to other places of
public employment and which allows the City to recruit and retain competent employees without a
reduction in critical services or infrastructure support.
Page 31
Resolution No. 2023-02
Page 2 of 3
New Text Underlined; [DELETED TEXT BRACKETED]
3. Improve the sustainability of and maintain the quality of employee medical, dental and life insurance
while continuing toward an employee cost share of 15%; a process that began in FY2021 and
continued in FY2023 by increasing the employee cost share by 1% per year. A 1% increase in the
employee cost share for FY2024 would bring the employee’s share to 14%.
4. Seek opportunities for efficiency by striving to reduce the cost of goods and services without
negatively impacting operations.
5. Compile a list of capital projects, costing $35,000 or more, for Council adoption. The investment in
maintaining infrastructure over time should, at a minimum, equal the depreciation, an accounting
process by which the cost of an asset is spread over its useful life, recorded annually on City capital
assets and infrastructure. The City’s FY2022 depreciation by fund and function were:
General Fund:
General Government $ 96,584
Public Safety 229,631
Public Works 857,429
Parks, Recreation & Culture 331,898
Social Welfare Services 65,584
$1,581,126
Airport Fund: $2,293,403
Water & Sewer Fund 1,084,273
Total All Funds $4,958,802
6. Adjust rates, charges and fees in all funds commensurate with inflation as measured by the Alaska
Consumer Price Index for All Urban Consumers, second half over second half. The monthly rents
at Vintage Pointe should not increase more than $35.00 per month over FY2023 rates for existing
tenants as of June 30, 2023.
7. For the Airport, Water & Sewer, Personal Use Fishery, and Congregate Housing Funds, the
proposed budget should project ending fund balance/retained earnings of at least 50% of the
FY2023 budgeted expenditures net of any projected lapse, and any use of fund balance should be
for one-time or capital purchases and not for reoccurring expenditures/expenses. The ending fund
balance for each fund should not be less than:
Airport Fund $1,598,084
Water & Sewer Fund 1,265,326
Personal Use Fishery Fund 212,291
Congregate Housing Fund 275,452
8. Senior Citizen Fund fees and rates should be adjusted to a level sufficient to limit the increase in
required transfer from the General Fund to no more than a 10% increase, $28,159, over FY2023
amounts.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 4TH DAY OF JANUARY, 2023.
___________________________________
Brian Gabriel Sr., Mayor
Page 32
Resolution No. 2023-02
Page 3 of 3
New Text Underlined; [DELETED TEXT BRACKETED]
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance___________
Page 33
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: December 29, 2022
SUBJECT: Resolution 2023-02 – FY2024 Council Budget Goals
Resolution 2023-02 will formally establish Council’s goals for the City’s FY2024 Budget. The
adopted goals are intended to guide the City Manager in his preparation of the budget which is
scheduled to be provided to Council in April for its consideration and adoption prior to the June
10th deadline established in KMC 7.25.010(g).
The establishment of goals by the City Council early in the budget process is considered a best
practice, one the administration believes should be incorporated into the City’s budget process,
as it provides guidance to the City Manager in his compilation of his draft budget and it provides
greater transparency to the process. The preparation of the FY2024 City Budget will be
exceptionally challenging as the result of continued high inflation. Inflation, as measured by the
Consumer Price Index, second half of 2021 over second half 2022 for Alaska will be released on
January 12, 2023 and is expected to be in the 5.0-8.0% range. Council’s establishment of specific,
measurable, attainable, relevant and time based (SMART) goals will increase the likelihood of a
smooth and successful budget process in FY2024 and future years.
These goals were discussed and public testimony was heard at a work session held on December
21st. You support for adoption is respectfully recommended.
Page 34
City of Kenai Council Work Session Page 1 of 3
December 21, 2022
KENAI CITY COUNCIL WORK SESSION
FY2024 BUDGET GOALS
DECEMBER 21, 2022 – 4:45 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR GABRIEL, PRESIDING
NOTES
Council present: B. Gabriel, H. Knackstedt, J. Baisden, A. Douthit, D. Sounart
T. Winger (remote participation)
V. Asking (remote participation)
Others present: City Manager P. Ostrander, Finance Director T. Eubank, City Clerk S.
Saner, Police Chief D. Ross, Human Resource Director C. Cunningham
A. Call to Order
Mayor Gabriel called the work session to order at approximately 4:45 p.m.
B. Introduction – Mayor Gabriel
Mayor Gabriel noted the purpose of the work session was to review, discuss and provide
guidance to the administration regarding goals for the development of the FY2024 budget.
C. Public Comment
There was no one wishing to be heard.
D. FY2024 Budget Adoption Goals
Finance Director Eubank identified that this process began a year ago and the purpose was
to formally establish budgetary goals and the process was valuable in guiding the
administration in preparing the budget.
He noted that the majority of the goals for FY2024 were similar to the ones adopted in FY2023;
and initiated the goal review starting with goals three through eight.
Goal #3: Improve the sustainability of and maintain the quality of employee medical,
dental and life insurance while continuing toward an employee cost share of
15%; a process that began in FY2021 and continued in FY2023 by increasing
the employee cost share by 1% per year. A 1% increase in the employee cost
share for FY2024 would bring the employee’s share to 14%.
Finance Director Eubank noted the process to bring the employee cost share to 15% began
in FY2021 and the 1% increase in FY2024 would bring the employee cost share to 14%; and
reported that health care savings were achieved this year which would could be a reduction
in costs to the employees.
Goal #4: Seek opportunities for efficiency by striving to reduce the cost of goods and
services without negatively impacting operations.
Finance Director Eubank noted this would be reaffirming the commitment from the City that
we are always looking for ways to reduce costs through efficiency initiatives.
Page 35
City of Kenai Council Work Session Page 2 of 3
December 21, 2022
Goal #5: Compile a list of capital projects, costing $35,000 or more, for Council adoption.
The investment in maintaining infrastructure over time should, at a minimum,
equal the depreciation, an accounting process by which the cost of an asset is
spread over its useful life, recorded annually on City capital assets and
infrastructure.
Finance Director Eubank noted that the Capital Project list had already been presented to
Council at a previous work session; the importance of maintaining the infrastructure; and he
summarized the depreciation values by fund.
Goal #6: Adjust rates, charges and fees in all funds commensurate with inflation as
measured by the Alaska Consumer Price Index for All Urban Consumers, second
half over second half. The monthly rents at Vintage Pointe should not increase
more than $35.00 per month over FY2023 rates for existing tenants as of June
30, 2023.
Finance Director Eubank reported the adjustments to rates, charges and fees commensurate
with inflation as measured by the Alaska consumer price index, with the exception of the
Vintage Point monthly rental rates.
There was discussion regarding the Vintage Point rental rate cap increase of $35 versus the
consumer price index.
Goal #7: For the Airport, Water & Sewer, Personal Use Fishery, and Congregate Housing
Funds, the proposed budget should project ending fund balance/retained
earnings of at least 50% of the FY2023 budgeted expenditures net of any
projected lapse, and any use of fund balance should be for one-time or capital
purchases and not for reoccurring expenditures/expenses.
Finance Director Eubank noted this goal somewhat establishes a fund balance policy for the
airport, water and sewer; and reported that the rate study would establish levels where the
fund balance should remain and it would be based on a percentage of the capital assets.
Goal #8: Senior Citizen Fund fees and rates should be adjusted to a level sufficient to limit
the increase in required transfer from the General Fund to no more than a 10%
increase, $28,159, over FY2023 amounts.
Finance Director Eubank noted this goal is really about creating a target and doing our best
to try and meet it and that borough funding should change this year based on the census data.
Goals #1: Submit a budget for consideration that maintains the City’s current mill and sales
tax rates and complies with the General Fund, Fund Balance Policy codified in
KMC 7.25.
Finance Director Eubank stated this is a critical goal and very much tied to goal two. There
was discussion regarding revenues from online sales tax vs local sales tax; property tax
assessment values were not yet known from the KPB; this goal sets the entire budget plan in
place and establishes importance of maintaining the current rates for our citizens.
Goal #2: Incorporate a salary schedule increase of 2% that was provided as a one-year-
only bonus to employees in the FY23 budget, provide an additional salary
schedule increase equal to one-half the change in the 2022 Alaska Consumer
Price Index for All Urban Consumers, second half over second half, and
Page 36
City of Kenai Council Work Session Page 3 of 3
December 21, 2022
complete a compensation and classification study to determine if the City’s salary
schedule provides appropriate compensation to employees comparable to other
places of public employment and which allows the City to recruit and retain
competent employees without a reduction in critical services or infrastructure
support.
Goal # 2 Alternative:
Incorporate a salary schedule increase of 2% that was provided as a one-year-
only bonus to employees in the FY23 budget, provide an additional salary
schedule increase that meets the City’s Fund Balance Policy / Goals, does not
increase the rate of taxation, does not reduce the level of the Capital Budget
contribution by the General Fund or result in a reduction of services, not to exceed
inflation as measured by the 2022 Alaska Consumer Price Index for All Urban
Consumers, second half over second half, and complete a compensation and
classification study to determine if the City’s salary schedule provides appropriate
compensation to employees comparable to other places of public employment
and which allows the City to recruit and retain competent employees without a
reduction in critical services or infrastructure support.
Finance Director Eubank noted that the Alternative Goal #2 provided a bit more flexibility;
establishes that the increase cannot be over the consumer price index; taxes will not be
increased; services will not decrease; and ensures continued contribution to the capital
structure.
There was consensus of the Council in support of the Goal 2 alternative.
E. Council Discussion – None.
F. Public Comment – None.
G. Adjournment
The work session adjourned approximately at 4:45 p.m.
Notes were prepared by:
_______________________________
Michelle M. Saner, MMC
City Clerk
Page 37
KENAI CITY COUNCIL – REGULAR MEETING
DECEMBER 21, 2022 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR BRIAN GABRIEL, PRESIDING
City of Kenai Council Meeting Page 1 of 9
December 21, 2022
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on December 21, 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 James Baisden, Vice Mayor
Teea Winger (remote participation) Deborah Sounart
Alex Douthit Victoria Askin (remote participation)
Henry Knackstedt
A quorum was present.
Also in attendance were:
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Terry Eubanks, Finance Director
Scott Curtin, Public Works Director
Dave Ross, Police Chief
Shellie Saner, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following additions to the Packet:
Add item D.1. Public Hearing – Ordinance No. 3321-2022 Substitute
• Amendment Memo
Add item G.15. Action/Approval
• Letter Supporting Central Peninsula Hospital Recovery Housing
MOTION:
Council Member Knackstedt MOVED to approve the agenda with the requested revisions and to suspend
the rule to conduct the public hearings on Agenda Items D. 4. Resolution No. 2022-78 and D. 9.
Resolution No. 2022-83 prior to Agenda Item D. 1. Ordinance No. 3321-2022. Vice Mayor Baisden
SECONDED the motion.
UNANIMOUS CONSENT was requested on approval of the agenda as amended.
VOTE: There being no objection; SO ORDERED.
4. Consent Agenda
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda. Vice Mayor Baisden SECONDED
the motion.
Page 38
City of Kenai Council Meeting Page 2 of 9
December 21, 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 – None.
D. PUBLIC HEARINGS
4. Resolution No. 2022-78 – Commending the Kenai Central High School Girls as the
Alaska Division 3A State Girls Volleyball Champions for the Year 2022. (Baisden)
MOTION:
Vice Mayor Baisden MOVED to adopt Resolution No. 2022-78. 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.
There was discussion congratulating the team and recognizing their undefeated season.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
[Vice Mayor Baisden presented the Kenai Central High School Girls Volleyball Coaches and Team Members with
the commending resolution.]
9. Resolution No. 2022-83 - Requesting the Governor of the State of Alaska Declare an
Economic Disaster for 2021 and 2022 for the Upper Cook Inlet East Side Set Net Fishery
and Supporting a Recovery Plan. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2022-83. Council Member Sounart
SECONDED the motion.
[Mayor Gabriel passed the gavel to Vice Mayor Baisden and declared a possible conflict with Resolution No. 2022-
83 as he is an Upper Cook Inlet East Side Set Net Fisherman; Vice Mayor Baisden ruled a conflict did exist and
Mayor Gabriel abstained from discussion and voting on Resolution No. 2022-83.]
Vice Mayor Baisden opened the floor for public comment.
Ken Coleman addressed the Council thanking them for previously adopted legislation which requested
more fishing time; and noted if an economic disaster is declared by the Governor it would be the fourth
time and the economic disaster was not due to lack of resources, it was due to regulations.
There being no one else wishing to be heard, the public comment period was closed.
VOTE:
YEA: Douthit, Sounart, Knackstedt, Askin, Winger, Baisden
NAY: None
ABSTENTION: Gabriel
MOTION PASSED.
Page 39
City of Kenai Council Meeting Page 3 of 9
December 21, 2022
1. 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)
• Substitute Ordinance No. 3321-2022 - Repealing Kenai Municipal Code Sections
13.30.030 - Night Parking Prohibited, 13.30.050 - Signs Bearing the Legend, and
13.30.095 - 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)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3321-2022. Vice Mayor 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:
Council Member Knackstedt MOVED to amend Ordinance No. 3321-2022 by Substitute Ordinance No.
3321-2022. Council Member Sounart SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to amend by substitute.
VOTE: There being no objection; SO ORDERED.
MOTION:
Council Member Knackstedt MOVED to amend Substitute Ordinance No. 3321-2022, Section 1 to identify
that Section 1 would amend and rename Section 13.30.030 of Kenai Municipal Code, and to retain the
language proposed for deletion:
“Section 1. Amend and [REPEAL, ]Rename [AND REENACT] Section 13.30.030 of Kenai Municipal
Code: That Kenai Municipal Code, Section 13.30.030 - Night parking prohibited, is hereby [REPEALED,]
amended and renamed[, AND REENACTED] as follows:
13.30.030 Street Parking Prohibitions.
After October 1st of each fall and until May 1st of the following year, no person shall leave any vehicle
unattended on any City street between the hours of 4:00 a.m. and 8:00 a.m. of any day. The City Manager
or designee will designate street parking restrictions in the City effective after posting of signage sufficient
to provide reasonable public notice. Changes to street parking in the City will be reported to the City
Council as soon as practicable.”
Vice Mayor Baisden SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to amend the substitute ordinance.
VOTE: There being no objection; SO ORDERED.
There was discussion regarding providing notice to areas where parking regulations would change; the
number of signs that would require updating if the prohibited on street parking times were changed; and
the essential use of on street parking for some residential areas and businesses.
VOTE ON SUBSTITUTE AS AMENDED:
YEA: Knackstedt, Askin, Winger, Baisden, Gabriel, Douthit, Sounart
NAY: None
SUBSTITUTE AS AMENDED PASSED UNANIMOUSLY.
Page 40
City of Kenai Council Meeting Page 4 of 9
December 21, 2022
2. 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)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3322-2022. 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.
There was discussion in support of ongoing street light repairs and that the State of Alaska, Department
of Transportation was notified regarding the lights that are out on the Kenai Spur Highway.
VOTE:
YEA: Askin, Winger, Baisden, Gabriel, Douthit, Sounart, Knackstedt
NAY: None
MOTION PASSED UNANIMOUSLY.
3. 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)
MOTION:
Vice Mayor Baisden MOVED to enact Ordinance No. 3323-2022. 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.
It was reported that this was the seventh grant over the last six years and would finish the radio
replacements; and the system could be switched on manually or was switched on automatically based
on events such as turning on the sirens.
VOTE:
YEA: Winger, Baisden, Gabriel, Douthit, Sounart, Knackstedt, Askin
NAY: None
MOTION PASSED UNANIMOUSLY.
5. Resolution No. 2022-79 - Approving the Purchase of Motorola Mobile Radios for the
Police and Fire Departments Under a Sole Source Purchase from Motorola Solutions
Using NASPO Valuepoint Contract Pricing. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2022-79. Vice Mayor 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 this would purchase the radios with the grant funds that were accepted and appropriated
in the previously enacted ordinance.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
Page 41
City of Kenai Council Meeting Page 5 of 9
December 21, 2022
6. Resolution No. 2022-80 - Authorizing the Purchase of Watchguard Police In-Car Video
Systems Under a Sole Source Purchase from Motorola Solutions Using NASPO
Valuepoint Contract Pricing. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2022-80. Vice Mayor 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.
7. Resolution No. 2022-81 - Amending the City of Kenai Schedule of Rates, Charges and
Fees by Adding a Fee for City League Basketball. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2022-81. 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.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
8. Resolution No. 2022-82 - Authorizing a Service Contract and Corresponding Purchase
Order for the 2022 Community Wildfire Protection Plan Mitigation Project.
(Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2022-82. 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.
There was discussion regarding the requirement to obtain permission from the Kenai Peninsula Borough
prior to removing any trees within 50-feet of an anadromous stream; options available for public use for
firewood; and the Special Use Permit requirement for commercial harvesting of the fallen trees.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
E. MINUTES
1. *Special Meeting of November 10, 2022. (City Clerk)
2. *Special Meeting of November 16, 2022. (City Clerk)
3. *Work Session of November 16, 2022. (City Clerk)
4. *Regular Meeting of November 16, 2022. (City Clerk)
5. *Special Meeting of November 22, 2022. (City Clerk)
6. *Special Meeting of November 28, 2022. (City Clerk)
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
Page 42
City of Kenai Council Meeting Page 6 of 9
December 21, 2022
1. *Action/Approval - Bills to be Ratified. (Administration)
Approved by the consent agenda.
2. *Action/Approval - Special Use Permit to American Red Cross of Alaska for General Office
Space at the Alaska Regional Fire Training Center. (Administration)
Approved by the consent agenda.
3. *Action/Approval - Special Use Permit to Alaska Sure Seal, Inc. for Snow Storage.
(Administration)
Approved by the consent agenda.
4. *Action/Approval - Special Use Permit to Schillings Alaska, Inc. for Snow Storage.
(Administration)
Approved by the consent agenda.
5. *Ordinance No. 3324-2022 - Increasing Estimated Revenues and Appropriations in the Airport
Special Revenue and Airport Improvements Capital Project Funds and Authorizing the Purchase
of Airport Snow Removal Equipment. (Administration)
Introduced by the consent agenda and Public Hearing set for January 4, 2023.
6. *Ordinance No. 3325-2022 - Accepting and Appropriating Donations to the Kenai Community
Library for the Purchase of Program Supplies and Equipment. (Administration)
Introduced by the consent agenda and Public Hearing set for January 4, 2023.
7. *Ordinance No. 3326-2022 - Increasing Estimated Revenues and Appropriations in the General
Fund Parks, Recreation and Beautification Department, and Authorizing an Increase to the Multi-
Purpose Facility Management Services Purchase Order to Red Line Sports for Additional Ice
Maintenance Services. (Administration)
Introduced by the consent agenda and Public Hearing set for January 4, 2023.
8. *Ordinance No. 3327-2022 - Increasing and Decreasing Estimated Revenues and
Appropriations to Reallocate Grant Funds Previously Appropriated for Construction of a
Pedestrian Bridge in the Kenai Municipal Park to Playground Equipment Replacement at the
Softball Greenstrip. (Administration)
Introduced by the consent agenda and Public Hearing set for January 4, 2023.
9. *Ordinance No. 3328-2022 - Increasing Estimated Revenues and Appropriations in the Airport
Snow Removal Equipment Capital Project Fund to Provide Supplemental Funding for the Kenai
Municipal Airport’s Snowblower and Increasing the Existing Purchase Order to Craig Taylor
Equipment. (Administration)
Introduced by the consent agenda and Public Hearing set for January 4, 2023.
10. *Ordinance No. 3329-2022 - Increasing Estimated Revenues and Appropriations in the General
and Visitor Center Improvement Capital Project Funds to Provide Supplemental Funding for the
Roof Replacement Project. (Administration)
Introduced by the consent agenda and Public Hearing set for January 4, 2023.
11. *Ordinance No. 3330-2022 - Increasing Estimated Revenues and Appropriations in the General
and Recreation Center Improvement Capital Project Funds to Provide Supplemental Funding for
the Kenai Recreation Center Improvements Project. (Administration)
Introduced by the consent agenda and Public Hearing set for January 4, 2023.
Page 43
City of Kenai Council Meeting Page 7 of 9
December 21, 2022
12. Action/Approval - Approving an Employment Agreement Between the City of Kenai and City
Manager Terry Eubank. (City Council)
MOTION:
Council Member Knackstedt MOVED to approve an Employment Agreement between the City of Kenai
and City Manager Terry Eubank. Council Member Sounart SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection; SO ORDERED.
13. Action/Approval - Commission and Committee Appointments. (Administration)
Three-year terms beginning January 1, 2023 and ending on December 31, 2025:
• Airport Commission: James Bielefeld and James Zirul
• Beautification Committee: Sarah Douthit, Emily Heale and Christina Warner
• Council on Aging: Velda Geller and Barbara Modigh
• Harbor Commission: Christine Hutchison
• Parks & Recreation Commission: Sovala Kisena and Kyle Graham
MOTION:
Council Member Knackstedt MOVED to confirm the Mayoral nomination of applicants for appointment to
Commissions and Committees. Vice Mayor Baisden SECONDED the motion.
It was reported that the Council on Aging and Harbor Commission still both had one vacancy and
recruitment would be ongoing until the vacancies were filled.
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection; SO ORDERED.
14. Action/Approval - Authorizing the City Manager to Execute a Memorandum of Understanding
between the Kenaitze Indian Tribe and the City of Kenai Fire Department. (Administration)
MOTION:
Council Member Knackstedt MOVED to authorize the City Manager to execute the Memorandum of
Understanding. Council Member Sounart SECONDED the motion.
It was reported that this would formalize practices that were already in place and allow the Kenaitze
Indian Tribe to apply for grants on behalf of the Kenai Fire Department.
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection; SO ORDERED.
15. Action/Approval – Authorizing the Issuance of a Letter Supporting the Efforts of Central
Peninsula Hospital’s Grant Application for State of Alaska Opioid Response: Recover Housing.
(Administration)
MOTION:
Council Member Knackstedt MOVED to authorize the issuance of a letter of support. Vice Mayor Baisden
SECONDED the motion.
It was reported that the grant would support continued operations of the existing facility.
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection; SO ORDERED.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
Page 44
City of Kenai Council Meeting Page 8 of 9
December 21, 2022
Council Member Sounart reported on the December 12, 2022 work session, next meeting January 12,
2023.
2. Airport Commission
Council Member Knackstedt reported on the December 8, 2022 meeting, next meeting January 12, 2023.
3. Harbor Commission
No report, next meeting February 6, 2023.
4. Parks and Recreation Commission
No report, next meeting January 5, 2023.
5. Planning and Zoning Commission
Vice Mayor Baisden reported on the December 14, 2022 meeting, next meeting December 28, 2022.
6. Beautification Committee
No report, next meeting January 10, 2023.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Christmas comes to Kenai was a great event and the fireworks were amazing.
• Attending the Alaska Municipal League Annual Conference in Anchorage.
• Testifying at the North Pacific Fishery Management meeting.
• Attending the Christmas at the Airport Event, noting he enjoyed the event and Council Member
Sounart’s Band Ensemble.
• The December 17, 2022 Wreaths Across America could not be placed on the interment locations
due to the snow level so the wreaths were hung on the cemetery fence and it was very well done.
J. ADMINISTRATION REPORTS
1. City Manager – City Manager Ostrander reported on the following:
• Parks & Recreation Department staff working diligently to provide access through the snow
levels to an interment site for a funeral.
• Meeting with Kyle Graham regarding a culvert on Cemetery Creek that needs to be replaced
to protect the habitat; and Cemetery Creek is the largest producer of Coho and Chinook fry in
the lower Kenai River.
• Meeting with staff from the offices of Representative Peltola, and Senator’s Murkowski and
Sullivan brining them up to date on the Bluff Stabilization project.
• Meeting with Kenai Peninsula Borough Mayor Navarre regarding Senior Center funding,
which will change based on the census data; Wildwood Drive and the need for additional
funding for the project; and Animal Control issues with borough animals.
• Meeting with Kenai Peninsula Animal Lovers (KPAL) regarding animal control issues outside
of the City; the issue is not a City issue it is a borough issue and the borough has not spent
any funds on animal control.
• The snow removal by our crew was inspiring during the event last week and that the City does
everything they can to try and not create berms at the end of the driveways; however, berms
are the property owner’s responsibility.
• The Senior Center Subaru was in an accident, no injuries.
Page 45
City of Kenai Council Meeting Page 9 of 9
December 21, 2022
• Provided an update on the Bluff Erosion Project.
2. City Attorney – No report.
3. City Clerk – No report.
K. ADDITIONAL PUBLIC COMMENTS
1. Citizen Comments (Public comments limited to (5) minutes per speaker) – None.
2. Council Comments
Council Member Askin noted she was in Montana and snowed in with a negative 61-degree temperature;
thanked Council Member Knackstedt for filling in with at Airport Commission meeting; and wished
everyone a Merry Christmas.
Council Member Winger congratulated the volleyball team; reported attending the Christmas comes to
Kenai event; provided an update on the local wrestling teams; and thanked the streets crews for their
work keeping up with the snow.
Council Member Douthit reported attending the Christmas comes to Kenai event and winning first place
in the float competition; attending the Alaska Municipal League Annual Conference; thanked the Streets
Department; and wished everyone a Merry Christmas.
Council Member Sounart thanked the Streets Department and wished everyone a Merry Christmas.
Vice Mayor Baisden thanked the volleyball team for attending and wished everyone a Merry Christmas.
Council Member Knackstedt thanked the Streets Department; reported attending the Alaska Municipal
League Annual Conference; the Christmas at the Airport Event; and on behalf of Marion Nelson the floor
grinding at the Art Center was in progress.
L. EXECUTIVE SESSION – None.
M. PENDING ITEMS – None.
N. ADJOURNMENT
O. INFORMATIONAL ITEMS
1. CIRCAC Directors Report
There being no further business before the Council, the meeting was adjourned at 8:00 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of December 21, 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.
Page 46
PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: JANUARY 4, 2023
VENDOR
PERS
HOMER ELECTRIC
INVESTMENTS
VENDOR
PIPER JAFFRAY
PIPER JAFFRAY
PIPER JAFFRAY
DESCRIPTION
PERS
ELECTRIC USAGE
DESCRIPTION
U.S. AGENCY SECURITY
U.S. AGENCY SECURITY
U.S. AGENCY SECURITY
DEPARTMENT
VARIOUS
VARIOUS
MATURITY DATE
06/25/2025
02/01/2025
04/15/2024
ACCOUNT
LIABILITY
UTILITIES
AMOUNT
2,595,309.70
970,170.56
1,001,925.00
AMOUNT
104,571.64
111,891 .01
Effect. Int.
4.72%
4.52%
4.70%
Page 47
MEMORANDUM
TO: Mayor Gabriel and Kenai City Council
FROM: Meghan Thibodeau, Deputy City Clerk
DATE: December 15, 2022
SUBJECT: Liquor License Renewal
The following establishment has submitted an application to the Alcohol and Marijuana Control
Office for renewal of their liquor license:
• Griffin Golf LLC D/B/A Kenai Golf Course
Pursuant to KMC 2.40, a review of City accounts has been completed on the applicant and they
have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to
this application will be forwarded to the ABC Board and the applicant.
Your consideration is appreciated.
Page 48
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Meghan Thibodeau 11/21/2022 10:47:01 AM (Form Submission)
Approve by Jeremy Hamilton 11/22/2022 4:03:35 PM (Fire Marshall Review)
Inspected June 30th, 2022
The task was assigned to Jeremy Hamilton. The due date is: November 30, 2022 5:00 PM
11/21/2022 10:47:02 AM
Approve by Donald Hendrickson 11/30/2022 11:08:44 AM (Building Official Review)
Building permits are in good standing
The task was assigned to Scott Curtin. The due date is: November 30, 2022 5:00 PM
11/21/2022 10:47:02 AM
Meghan Thibodeau reassigned the task to Donald Hendrickson 11/29/2022 4:18:21 PM
Approve by David Ross 11/21/2022 4:45:49 PM (Police Department Review)
The task was assigned to David Ross. The due date is: November 30, 2022 5:00 PM
11/21/2022 10:47:02 AM
Approve by Tina Williamson 11/21/2022 4:39:36 PM (Finance Asst Review)
The task was assigned to Tina Williamson. The due date is: November 30, 2022 5:00 PM
11/21/2022 10:47:02 AM
Approve by Cindy Herr 11/21/2022 12:05:53 PM (Legal Asst Review)
There are no monies owed in traffic citations or restitution.
The task was assigned to Cindy Herr. The due date is: November 30, 2022 5:00 PM
11/21/2022 10:47:03 AM
Approve by Linda Mitchell 11/30/2022 10:36:34 AM (Lands Review)
The task was assigned to Linda Mitchell. The due date is: November 30, 2022 5:00 PM
11/21/2022 10:47:03 AM
Approve by Terry Eubank 11/30/2022 1:31:57 PM (Finance Review)
The task was assigned to Terry Eubank. The due date is: December 9, 2022 5:00 PM
11/30/2022 10:36:35 AM
Approve by Scott Bloom 12/13/2022 10:58:54 AM (Legal Review)
The task was assigned to Scott Bloom. The due date is: December 9, 2022 5:00 PM
11/30/2022 10:36:35 AM
Approve by Linda Mitchell 11/30/2022 10:48:13 AM (P&Z Department Review)
The task was assigned to Linda Mitchell. The due date is: December 9, 2022 5:00 PM
11/30/2022 10:36:36 AM
•
•
•
Page 49
AMCO License Application
Date
License Type
Licensee
Doing Business As
Premises Address City, State
Contact Licensee
Contact Phone No.Contact Email
Name
Phone No.Email
File Upload
11/21/2022
Establishment Information
Golf Course-Seasonal
Griffin Golf LLC
Kenai Golf Course
1500 Lawton Drive Kenai, AK
Contact Information
Lara Griffin
907-398-5215 griffingolf2019@gmail.com
Additional Contact Information
Documents
#5788 Complete Renewal Application with Temp.pdf 3.28MB
#5788 LGB Renewal Notice.pdf 260.91KB
Page 50
Department of Commerce, Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
November 21, 2022
City of Kenai, Kenai Peninsula Borough
Via Email: cityclerk@kenai.city; mjenkins@kpb.us; jvanhoose@kpb.us; jratky@kpb.us;
cjackinsky@kpb.us; maldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us; jblankenship@kpb.us;
assemblyclerk@kpb.us; bcarter@kpb.us
Re: Notice of 2023/2024 Liquor License Renewal Application
License Type: Golf Course-Seasonal License Number: 5788
Licensee: Griffin Golf LLC
Doing Business As: Kenai Golf Course
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 04.11.480.
A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 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,
Joan Wilson, Director
amco.localgovernmentonly@alaska.gov
THE STATE
01ALASKA
GOVERNOR MIKE DU LEAVY
Page 51
STATE OF ALASKA -ALCOHOLIC BEVERAGE CONTROL BOARD
FORM CONTROL
LICENSE NUMBER
xxxx
ISSUED
11/21/2022
ABC BOARD
LIQUOR LICENSE
2023 -2024
5788
LICENSE RENEWAL APPLICATION DUE
DECEMBER 31, 2024 (AS 04.l l .270(b))
TEMPO RAR y THIS LICENSE EXPIRES MIDNIGHT
FEBRUARY 28, 2025 UNLESS DATED BELOW
TYPE OF LICENSE: Golf Course -Se-
LICENSE FEE: $200.00
I April 15 -October 15 I
1201
D/B/A: Kenai Golf Course
1500 Lawton Drive
Mail Address:
Griffin Golf, LLC
P.O. Box 289
Kenai, AK 99611
04-900 (REV 10/20/22
CITY/ BOROUGH: Kenai
Kenai Peninsula Borough
This license cannot be transferred without permission
of the Alcoholic Beverage Control Board
l 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
FORM CONTROL
LICENSE NUMBER
xxxx
ISSUED
11/21/2022
ABC BOARD
LIQUOR LICENSE
2023 -2024
5788
LICENSE RENEWAL APPLICATION DUE
DECEMBER 31, 2024 (AS 04.l I .270(b))
TEMPORARY THIS LICENSE EXPIRES MIDNIGHT
FEBR UARY 28, 2025 UNLESS DATED BELOW
TYPE OF LICENSE: Golf Course -Se I April 15 -October 15 I
LICENSE FEE: $200.00
D/B/A:
Kenai Golf Course
1500 Lawton Drive
Mailing Address:
Griffin Golf, LLC
P.O. Box 289
Kenai, AK 99611
CITY/ BOROUGH: Kenai
Kenai Peninsula Borough
This license cannot be transferred without permission
of the Alcoholic Beverage Control Board
l Special restriction -see reverse side
ISSUED BY ORDER OF THE
ALCOHOLIC BEVERAGE CONTROL BOARD
COPY
DIRECTOR
THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES
04-900 (REV 5/9/22)
Page 52
144 North Binkley Street, Soldotna, Alaska 99669 (907) 714-2160 (907) 714-2388 Fax
Office of the Borough Clerk
Johni Blankenship, MMC
Borough Clerk
Office of the Borough Clerk
11/29/2022
Sent via email: cityclerk@kenai.city
Kenai City Hall
City of Kenai
RE: Non-Objection of Application
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/jr
cc: griffingolf2019@gmail.com;
Licensee/Applicant : Griffin Golf, LLC
Business Name : Kenai Golf Course
License Type : Golf Course
License Location : 1500 Lawton Drive, Kenai, AK 99611, City of Kenai
License No. : 5788
Application Type : License Renewal
Page 58
MEMORANDUM
TO: Mayor Gabriel and Kenai City Council
FROM: Meghan Thibodeau, Deputy City Clerk
DATE: December 15, 2022
SUBJECT: Liquor License Transfer and Restaurant Designation Permit
The following establishment has submitted an application to the Alcohol and Marijuana Control
Office for a transfer of their liquor license and a restaurant designation permit:
• G&P In, Inc. D/B/A The White Moose
Pursuant to KMC 2.40, a review of City accounts has been completed on the applicant and they
have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to
this application will be forwarded to the ABC Board and the applicant.
Your consideration is appreciated.
Page 59
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Meghan Thibodeau 11/30/2022 9:38:22 AM (Form Submission)
Approve by Jeremy Hamilton 12/13/2022 12:36:42 PM (Fire Marshall Review)
The task was assigned to Jeremy Hamilton. The due date is: December 9, 2022 5:00 PM
11/30/2022 9:38:23 AM
Object by Donald Hendrickson 12/1/2022 4:15:49 PM (Building Official Review)
The business is in violation of fire code 505.1 - Address identification.
Although the businesses are of the same owner there needs to be an address for the 2nd commercial
entity for emergency response location identification.
The task was assigned to Donald Hendrickson. The due date is: December 9, 2022 5:00 PM
11/30/2022 9:38:23 AM
Approve by David Ross 11/30/2022 9:50:46 AM (Police Department Review)
The task was assigned to David Ross. The due date is: December 9, 2022 5:00 PM
11/30/2022 9:38:23 AM
Approve by Tina Williamson 11/30/2022 10:51:29 AM (Finance Asst Review)
The task was assigned to Tina Williamson. The due date is: December 9, 2022 5:00 PM
11/30/2022 9:38:24 AM
Approve by Cindy Herr 11/30/2022 11:48:46 AM (Legal Asst Review)
The task was assigned to Cindy Herr. The due date is: December 9, 2022 5:00 PM
11/30/2022 9:38:24 AM
Approve by Linda Mitchell 12/13/2022 1:00:39 PM (Lands Review)
The task was assigned to Linda Mitchell. The due date is: December 9, 2022 5:00 PM
11/30/2022 9:38:24 AM
Approve by Terry Eubank 12/15/2022 11:09:06 AM (Finance Review)
The task was assigned to Terry Eubank. The due date is: December 22, 2022 5:00 PM
12/13/2022 1:00:40 PM
Approve by Scott Bloom 12/13/2022 1:38:34 PM (Legal Review)
The task was assigned to Scott Bloom. The due date is: December 22, 2022 5:00 PM
12/13/2022 1:00:40 PM
Approve by Linda Mitchell 12/15/2022 1:42:33 PM (P&Z Department Review)
The task was assigned to Linda Mitchell. The due date is: December 22, 2022 5:00 PM
12/13/2022 1:00:40 PM
•
Page 60
AMCO License Application
Date
License Type
Licensee
Doing Business As
Premises Address City, State
Contact Licensee
Contact Phone No.Contact Email
Name
Phone No.Email
File Upload
11/30/2022
Establishment Information
Beverage Dispensary/Restaurant Designation Permit
G & P Inc
The White Moose
815 Frontage Road Kenai, AK
Contact Information
Joanna Pitsilionis
907-953-2222 gianainc@gmail.com
Additional Contact Information
Documents
#204 AB-01.pdf 4.17MB
#204 AB-02 w letter explanation of sharing kitchen.pdf 3.94MB
#204 AB-03.pdf 5.34MB
#204 Transfer LGB Notice.pdf 296.54KB
Page 61
Department of Commerce, Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
November 29, 2022
City of Kenai, Kenai Peninsula Borough
Via Email: cityclerk@kenai.city; mjenkins@kpb.us; jvanhoose@kpb.us; jratky@kpb.us;
cjackinsky@kpb.us; maldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us; jblankenship@kpb.us;
assemblyclerk@kpb.us; bcarter@kpb.us
License Type: Beverage Dispensary License Number: 204
Licensee: G & P Inc
Doing Business As: The White Moose
Premises Address 815 Frontage Road
☐ New Application ☐ Transfer of Ownership Application
☐ Transfer of Location Application ☒ Transfer of Controlling Interest Application
We have received a completed application for the above listed license (see attached application documents) within
your jurisdiction. This is the notice required under AS 04.11.480.
A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 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 protest within 60 days and show proof of service upon the
applicant.
AS 04.11.491 – AS 04.11.509 provide that the board will deny a license application if the board finds that the
license is prohibited under as a result of an election conducted under AS 04.11.507.
AS 04.11.420 provides that the board will not issue a license when a local governing body protests an application
on the grounds that the applicant’s proposed licensed premises are located in a place within the local government
where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a
variance from the local ordinance.
Sincerely,
Joan Wilson, Director
THE STATE
01ALASKA
GOVERNOR MIKE DU LEAVY
I I
Page 62
Last Name
Date
Page 2
amco.localgovernmentonly@alaska.gov
Page 63
From: Alcohol Licensing. CED ABC (CED sponsored)
Serezhenkov. Kristina R !CED} To:
Subject: FW : #204 dba The White Moose Incomplete Liquor License Transfer Application Notice
Tuesday, October 25, 2022 11:55:51 AM Date:
From: Amanda Shawcross <ashawcross@eclawfirm.org>
Sent: Monday, October 17, 2022 11:25 AM
To: Alcohol Licensing, CED ABC (CED sponsored) <alcohol.licen sing@alaska.gov>
Cc: gianainc@gmail.com; Sherman Ernouf <s ernouf@eclawfirm.org>
Subject : Re: #204 dba The White Moose Incomplete Liquor License Transfer Application Notice
CAUTION : This email originated from outs ide the State of Alaska mail system.
Do not click li nks or open attachments unless you recognize the sender and know
the conte nt is safe .
Good Morning Kristin a,
Please find corrections and comments below:
AB02 :
The White Moose is adjacent to Pizza Paradisos. The door can be locked or un locked
as is necessary .
Pizza Paradisos kitchen is used for food preparations for the The White Moose .
AB03 :
T he White Moose food preparations are done in the .Pizza Paradisos kitchen as
m entioned above. Food is prepared and walked through the doorway which connects
the two estab li shments . Each fac il ity has its own bar and liquor service as ind icated on
th e premises d iagrams.
I have co nfirmed the client wi ll not allow 16-20 years old in the facil ity without an
adul t. So no changes are necessary to the RDP form.
Our client contacted DEC about updating the address on the food permit. DEC is not
able to do this since they need the 2 businesses to have separate addresses on file ?
Please advise if this is okay .
Please let us know if you have any further questions and or concerns .
Amanda
Amanda Shawcross
Office Manager & Book Keeper
Law Offices of Ernouf & Coffey, P.C.
PO Box 212314
Anchorage, Alaska 99521-2314
Phone: (907 ) 274-3385
Fax: (907) 274-4258
Page 72
144 North Binkley Street, Soldotna, Alaska 99669 (907) 714-2160 (907) 714-2388 Fax
Office of the Borough Clerk
Michele Turner, CMC
Acting Borough Clerk
Office of the Borough Clerk
12/9/2022
Sent via email: cityclerk@kenai.city
Kenai City Hall
City of Kenai
RE: Non-Objection of Application
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,
Michele Turner, CMC
Acting Borough Clerk
MT/jr
cc: gianainc@gmail.com;
Licensee/Applicant : G & P, Inc.
Business Name : The White Moose
License Type : Beverage Dispensary
License Location : 815 Frontage Road, Kenai, AK 99611, City of Kenai
License No. : 204
Application Type : Restaurant Designation Permit
Transfer of Controlling Interest
Page 88
From:Shellie Saner
To:Donald Hendrickson; Scott Bloom
Cc:Paul Ostrander; Meghan Thibodeau; Scott Curtin
Subject:RE: Renewal Application Objection
Date:Tuesday, December 13, 2022 11:27:00 AM
Attachments:image001.png
image002.png
The way forms is set up, there is no way to undo the objection. That is why I strongly encourage
anyone who is considering issuing an objection to first speak with the applicant, city manager and
attorney; this way we have exhausted all possible remedies prior to taking an action item to Council
requesting them to issue an objection.
I will save this email as part of the process to show your removal of objection.
Shellie
From: Donald Hendrickson <DHendrickson@kenai.city>
Sent: Tuesday, December 13, 2022 10:47 AM
To: Scott Bloom <SBloom@kenai.city>; Shellie Saner <SSaner@kenai.city>
Cc: Paul Ostrander <POstrander@kenai.city>; Meghan Thibodeau <MThibodeau@kenai.city>; Scott
Curtin <SCurtin@kenai.city>
Subject: RE: Renewal Application Objection
Scott,
If Jeremy feels this is a non-issue than I support what he has recommended. In regards to the code
violation it is a shared code between fire code and building code. Since Jeremy has spoken to the
applicant to resolve the matter in a way that he is satisfied with than in may complicate things if I
reiterate the findings. I do suggest that we find remedy for this finding outside the AMCO permit
process.
Shellie,
If I could be informed how to withdrawal my objection recommendation to the AMCO board, I will
gladly do so.
Thank you,
Don
From: Scott Bloom <SBloom@kenai.city>
Sent: Tuesday, December 13, 2022 9:57 AM
To: Donald Hendrickson <DHendrickson@kenai.city>; Shellie Saner <SSaner@kenai.city>
Page 89
Cc: Paul Ostrander <POstrander@kenai.city>; Meghan Thibodeau <MThibodeau@kenai.city>; Scott
Curtin <SCurtin@kenai.city>
Subject: RE: Renewal Application Objection
Don, I spoke with Jeremy today and yesterday as well as the applicant. He has also spoken with the
applicant yesterday. Jeremy does not believe this should be protested from his perspective based on
the fire code (Jeremy can correct me if I am wrong). Don, do you want to continue the protest based
on a building code issue? if so, these are the steps that need to be taken: 1. Contact applicant and
notify them of specific violation and what must be fixed by when; 2. Inspect to verify whether
conditions have been fixed or not by date provided to applicant; 3. Proceed or withdraw protest
based on inaction or action by applicant.
Scott Bloom
From: Donald Hendrickson <DHendrickson@kenai.city>
Sent: Monday, December 12, 2022 12:36 PM
To: Shellie Saner <SSaner@kenai.city>
Cc: Paul Ostrander <POstrander@kenai.city>; Scott Bloom <SBloom@kenai.city>; Meghan
Thibodeau <MThibodeau@kenai.city>; Scott Curtin <SCurtin@kenai.city>
Subject: RE: Renewal Application Objection
Shellie,
No outreach has been made to the applicant by myself, I am under the impression that Fire Marshall
Jeremy Hamilton was performing a site visit as part of his check and may have explained at that time.
My recommendation to the Board is only to correct the lack of a proper fire code required address
for the business in question. Since this is a renewal if they choose to grant the license with a
provision to correct the address requirement per code I would not object to that requirement.
Thank you,
Donald Hendrickson
Building Official
Work: 907-283-8238
Cell: 907-598-5666
Email: dhendrickson@kenai.city
Page 90
From: Shellie Saner <SSaner@kenai.city>
Sent: Thursday, December 8, 2022 11:55 AM
To: Donald Hendrickson <DHendrickson@kenai.city>
Cc: Paul Ostrander <POstrander@kenai.city>; Scott Bloom <SBloom@kenai.city>; Meghan
Thibodeau <MThibodeau@kenai.city>
Subject: FW: Renewal Application Objection
Hi Don,
Has there been any outreach to the applicant to resolve the issue?
Thank you,
From: City Clerk <cityclerk@kenai.city>
Sent: Thursday, December 1, 2022 3:16 PM
To: Shellie Saner <SSaner@kenai.city>; Meghan Thibodeau <MThibodeau@kenai.city>
Subject: Renewal Application Objection
There is objection to the application for The White Moose.
Reviewer comments: The business is in violation of fire code 505.1 - Address identification.
Although the businesses are of the same owner there needs to be an address for the 2nd commercial entity
for emergency response location identification.
K Al
Shel ~ie Saner, MMC
Kenai City Clerk
P: 907-283-8246 I F: 907-283-5068
~ Ki;NAI
Page 91
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3331-2023
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL
FUND – POLICE DEPARTMENT AND ACCEPTING GRANTS FROM THE UNITED STATES
DEPARTMENT OF JUSTICE AND ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION
FOR THE PURCHASE OF BALLISTIC VESTS.
WHEREAS, the Kenai Police Department participates in a Ballistic Vest Partnership (BVP) grant program
through the Department of Justice, which covers 50% of the cost of ballistic vests purchased for officers;
and,
WHEREAS, the City’s current insurance company, Alaska Municipal League Joint Insurance (AMLJIA),
also has a ballistic vest reimbursement program, which covers 50% of the cost of ballistic vest purchased
for officers; and,
WHEREAS, four ballistic vests were recently purchased for a total of $5,116 and the two programs
together will cover 100% of the cost of those ballistic vests.
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 accept and expend United States Department of
Justice and AMLJIA grant funds in the amount of $5,116 for the purchase of ballistic vests.
Section 2. That the following budget revision is authorized:
General Fund:
Increase Estimated Revenues -
Federal Grants – Police $2,258.00
Miscellaneous Grants 2,258.00
$5,116.00
Increase Expenditures –
Police – Small Tools $5,116.00
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 18TH DAY OF JANUARY, 2023.
Page 92
Ordinance No. 3331-2023
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: January 4, 2023
Enacted: January 18, 2023
Effective: January 18, 2023
Page 93
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: December 19, 2022
SUBJECT: Ordinance No. 3331-2023 Accepting Grant Funds for Ballistic Vests
The Police Department participates in the United States Department of Justice’ Ballistic Vest
Partnership (BVP), which provides grant funds for half the cost of officer ballistic vests. The City’s
insurance carrier, AMLJIA, also has a grant program by which they cover half the cost of ballistic
vests purchased by officers.
The Police Department recently purchased four ballistic vests for officers, at a total cost of $5,116
and anticipates that cost to be covered 100% by the two programs.
I am respectfully requesting consideration of the ordinance accepting and appropriating the grant
funds for the purpose they were intended.
Page 94
Sponsored by: Council Member Douthit
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3332-2023
AN ORDINANCE AMENDING KENAI MUNICIPAL CODE SECTION 3.10.070-LIVESTOCK WITHIN
THE CITY LIMITS, TO ALLOW A MAXIMUM OF TWELVE (12) CHICKEN HENS TO BE KEPT ON
CERTAIN LOTS LESS THAN 40,000 SQUARE FEET WITHIN THE CITY OF KENAI.
WHEREAS, the keeping of chicken hens within the City of Kenai on lots less than forty thousand (40,000)
square feet and in the Urban Residential (RU), Suburban Residential 1 (RS1) Suburban Residential 2
(RS2), and Townsite Historic (TSH) zoning districts is currently prohibited; and,
WHEREAS, residents have expressed an interest in keeping chicken hens on lots less than forty
thousand (40,000) square feet for personal use; and,
WHEREAS, outside the RU, RS1, RS2, and TSH zoning districts, a relatively small number of chicken
hens may be kept within populated areas of the City without causing an unreasonable risk of nuisance
or wild animal attractant if the hens are properly located, contained, managed and maintained; and,
WHEREAS, twelve (12) chicken hens or less is a reasonable number to provide a household with eggs
without having too high a density of chickens, which could increase the likelihood of causing a nuisance
or wild animal attractant.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Section 3.10.070 of Kenai Municipal Code: That Kenai Municipal Code,
Section 3.10.070, Livestock within the city limits, is hereby amended as follows:
3.10.070 Livestock within the city limits.
(a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the
City of Kenai.
(b) No livestock shall be allowed in the RU, RS1, RS2 or TSH zones.
([B]c) Except in the RU, RS1, RS2, or TSH zones, [L]livestock, other than bees, may be kept on lots of
forty thousand (40,000) square feet or greater. [NO LIVESTOCK SHALL BE ALLOWED IN THE
RU, RS1, RS2 OR TSH ZONES. ANIMALS RAISED FOR A FUR-BEARING PURPOSE ARE
NOT ALLOWED IN ANY ZONE. BEEKEEPING WILL BE RESTRICTED AS DESCRIBED IN
SUBSECTION (G).]
(1) The keeping of chicken hens on lots less than forty thousand (40,000) square feet will be
subject to the standards in subsection (k).
(2) Animals raised for a fur-bearing purpose are prohibited within the city limits.
(3) Beekeeping will be restricted as described in subsection (l).
([C]d) In this section “livestock” is defined as the following animals:
(1) Cow
Page 95
Ordinance No. 3332-2023
Page 2 of 4
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(2) Horse
(3) American bison
(4) Llama
(5) Alpaca
(6) Sheep
(7) Swine
(8) Goat
(9) Mule
(10) Donkey
(11) Ratite
(12) Duck
(13) Goose
(14) Chicken
(15) Turkey
(16) Rabbit
(17) Honey bees (Apis mellifera)
([D]e) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue
temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise
allowed for public exhibitions or entertainment events. The Chief Animal Control Officer may
impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene.
The permit may be revoked for a violation of the conditions of the permit or pertinent section of
the Kenai Municipal Code. The City may charge a permit fee, which fee shall be as set forth in
the City’s schedule of fees adopted by the City Council.
(2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property
owners in writing and allowing reasonable time for comment, issue a permit for the keeping of
livestock for educational or youth activities, such as 4-H, Future Farmers of America, or Boy/Girl
Scouts on lots not otherwise eligible under this section. The permit shall state the duration of
the permit, which shall not exceed two (2) years, and the type and number of livestock to be
kept. The Chief Animal Control Officer may impose conditions on the permits as reasonably
necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the
conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation
of a permit may be made in writing to the board of adjustment. A permit may be renewed
following written notice and reasonable time for comment to the adjoining property owners. The
City may charge a permit fee, which fee shall be as set forth in the City’s schedule of fees
adopted by the City Council.
([E]f) Lots on which livestock are kept on the effective date of the ordinance codified in this section
which are not eligible for the keeping of livestock under this section shall be considered a non-
conforming use of land under KMC 14.20.050. No new or replacement livestock may be kept or
introduced on such lots after the effective date of the ordinance codified in this section. Offspring
of livestock allowed as a non-conforming use under this section may be kept on such lots only
until they are old enough to be relocated to a site conforming to this section or outside of the
city limits.
Page 96
Ordinance No. 3332-2023
Page 3 of 4
New Text Underlined; [DELETED TEXT BRACKETED]
([F]g) Except as set forth in subsections ([G]h) and (i), below, corrals, pens, hutches, coops, fences or
other animal containment structures must have a minimum setback of twenty-five feet (25′) from
the property’s side yards, fifty feet (50′) from the front yard, and ten feet (10′) from the back yard.
All animal containment structures must be secure and in good repair.
(h) The keeping of chicken hens on lots less than forty thousand (40,000) square feet is allowed,
except in the RU, RS1, RSL, and TSH zoning districts, subject to the following standards:
(1) A maximum of twelve (12) chicken hens may be kept on lots with a permitted principal
structure.
(2) Chicken hens must be kept in an enclosed shelter or fully fenced-in at all times.
(3) Chicken coops, hutches or other fully enclosed shelters may not be located in a front yard
or side yard that abuts a street in a residential zoning district and must have a minimum
setback of fifteen feet (15’) from the side yards, ten feet (10’) from the rear yard, and twenty-
five feet (25’) from residential dwellings on neighboring lots.
(4) Fences, corral, pen, or other similar containment structures must have a minimum setback
of fifteen feet (15’) from the side yards, twenty-five feet (25’) from the front yard, ten feet
(10’) from the rear yard, and twenty-five feet (25’) from residential dwellings on neighboring
lots.
(5) All shelters or containment structures must be constructed of durable weather resistant
materials, secured, and kept in good repair.
(6) No person may slaughter chickens on-site except when in an area of the property not visible
to the public or adjoining properties.
(7) Chicken hens may not be kept in such a manner as to constitute a public nuisance as
defined by Kenai Municipal Code.
(8) The keeping of chicken hens must be consistent with terms of this title and does not in or
of itself constitute a nuisance or a disturbance.
([G]i) No person may keep honey bees, Apis mellifera, in a manner that is inconsistent with the
following requirements or that is inconsistent with any other section of this code.
(1) Colonies shall be managed in such a manner that the flight path of bees to and from the
hive will not bring the bees into contact with people on adjacent property. To that end,
colonies shall be situated at least twenty-five feet (25′) from any lot line not in common
ownership; or oriented with entrances facing away from adjacent property; or placed at
least eight feet (8′) above ground level; or placed behind a fence at least six feet (6′) in
height and extending at least ten feet (10′) beyond each hive in both directions.
(2) No person shall keep more than four (4) hives on a lot of ten thousand (10,000) square feet
or smaller, nor shall any person keep more than one (1) additional hive for each additional
two thousand four hundred (2,400) square feet over ten thousand (10,000) on lots larger
than ten thousand (10,000) square feet.
(3) It shall be a violation for any beekeeper to keep a colony or colonies in such a manner or
in such a disposition as to cause any unhealthy condition to humans or animals.
(4) Beekeepers shall take appropriate care according to best management practices when
transporting hives of bees. Bees being transported shall have entrance screens or be
secured under netting.
(5) The term “hive” as used in this section means the single structure intended for the housing
of a single bee colony. The term “colony” as used in this section means a hive and its
equipment and appurtenances, including bees, comb, honey, pollen, and brood.
Page 97
Ordinance No. 3332-2023
Page 4 of 4
New Text Underlined; [DELETED TEXT BRACKETED]
[(H) A PERSON SEEKING RELIEF FROM THE PROVISIONS OF THIS SECTION MAY APPLY FOR A CONDITIONAL
USE PERMIT UNDER KMC 14.20.150.]
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 18TH DAY OF JANUARY, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Introduced: January 4, 2023
Enacted: January 18, 2023
Effective: February 17, 2023
Page 98
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Council Member Alex Douthit
DATE: December 29, 2022
SUBJECT: Ordinance No. 3332-2023 Amending KMC Section 3.10.070-Livestock
Within the City Limits
This Ordinance addresses proposed changes to KMC Section 3.10.070 that will allow a relatively
small number of chicken hens to be kept on certain lots within the city limits. Under the current
ordinance, the keeping of chicken hens on lots less than 40,000 square feet is prohibited.
Residents have expressed an interest in keeping chicken hens on lots less than 40,000 square
feet to provide a supply of fresh eggs. The raising of chicken hens for their eggs helps to promote
food security in our community.
The proposed changes will allow a maximum of 12 chicken hens to be kept on lots less than
40,000 square feet except for the following zones: RU, RS1, RS2, and TSH, these four zones
uniquely prohibit the keeping of any livestock regardless of lot size. Attached is a map of where
chicken hens will be permitted under the proposed amendment. The proposed changes also
includes specific conditions under which the keeping of chicken hens will be permitted.
Your consideration is appreciated.
Page 99
This map is for graphic representationonly and the City of Kenai assumes noresponsibility for errors on this map.0120.5 MilesCity of KenaiKMC 3.10.070-Livestock within city limitsProposed Amendment to Allow Chicken Hens onLots Less Than 40,000 SF (3,307)Livestock are PermittedProhibited Zones (RU, RS1, RS2, and TSH)Proposed Amendment to AllowChicken Hens on Certain LotsLess than 40,000 Square FeetPage 100
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Meghan Thibodeau, Deputy City Clerk
DATE: December 28, 2022
SUBJECT: Council on Aging Appointment
The December 8, 2022 resignation of Chuck Thornton left a vacancy on the Council on Aging.
On December 21, Ken Ayers submitted an application expressing interest in serving on the
Council on Aging. The term expires December 31, 2024. Mayor Gabriel has requested this
applicant be added to the meeting agenda for nomination and consideration by Council for
confirmation.
Kenai Municipal Code (KMC) requires Council confirmation of nominations presented by the
Mayor (KMC 1.90.010). Your consideration is appreciated.
Page 101
From:Kenneth Ayers
To:City Clerk
Subject:Form submission from: Commission/Committee Application (Webform)
Date:Wednesday, December 21, 2022 3:07:03 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Submitted on Wednesday, December 21, 2022 - 3:06pm
Submitted by anonymous user: 24.237.253.13
Submitted values are:
Date Wed, 12/21/2022
Name Kenneth Ayers
Resident of City of Kenai? Yes
If resident, how long?
Residence Address 1509 Aliak Drive, Kenai, AK 99611
Mailing Address 1509 Aliak Drive, Kenai, AK 99611
Home Telephone 907-740-3922
Home Fax
Business Telephone
Business Fax
Email address kilofox59@hotmail.com
May we include your contact information on our website? Yes
If not all, what may we include?
Employer Retired
Job Title N/A
Name of Spouse Kristi
Current Membership Organization Kenai Senior Center
Past organizational memberships
Committees or commissions in which you are interested Council on Aging
Why do you want to be involved with this commission or committee?
I would like to expand my help to the City of Kenai with expanded support to Seniors in our
community.
What background, experience, or credentials do you possess to bring the board, commission,
or committee membership?
I have experience as a volunteer with the Kenai Senior Center and in assisting local seniors. I
am also a retired civil service manager and retired military officer.
The results of this submission may be viewed at:
https://www.kenai.city/node/2601/submission/10802
Page 102
A. CALL TO ORDER
KENAI PLANNING & ZONING COMMISSION -
REGULAR MEETING
DECEMBER 14, 2022 -7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR JEFF TWAIT, PRESIDING
MINUTES
A Regular Meeting of the Kenai Planning & Zoning Commission was held on December 14, 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: J. Twait, G. Woodard, J. Halstead, G. Greenberg, J. Glendening, J.
Coston
Commissioners absent: D. Fikes
Staff/Council Liaison present: Planning Director L. Mitchell, Vice Mayor J. Baisden , Deputy Clerk
M. Thibodeau
A quorum was present.
3. Agenda Approval
Chair Twait noted the following revisions to the agenda and packet:
ACTION
Add to item F.1 Resolution PZ2022-26
• Amendment Memo
• Public Comment
Add to item J.3 City Administration Report
• Updated November Code Enforcement Report
MOTION :
Commissioner Halstead MOVED to approve the agenda with requested revisions. Commissioner
Woodard SECONDED the motion. There being no objection; SO ORDERED.
4. Election of Chair and Vice Chair
MOTION:
Commissioner Greenberg MOVED to appoint Jeff Twait as Planning & Zoning Commission Chair for
2023. Commissioner Halstead SECONDED the motion. There being no objection; SO ORDERED.
MOTION:
Planning & Zoning Commission Meeting
December 14, 2022
Page 1 of 4
Page 103
Commissioner Woodard MOVED to appoint Joe Halstead as Planning & Zoning Commission Vice Chair
for the remainder of 2022 and 2023. Commissioner Glendening SECONDED the motion. There being no
objection; SO ORDERED .
5. Consent Agen da
MOTION :
Vice Chair Halstead MOVED to approve the consent agenda. Commissioner Woodard 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.
6 . *Ex cused Absences -D. Fikes
B. APPROVAL OF MINUTES
1. *Regular Meeting of October 12, 2022
Approv ed by the consent agenda.
C. SCHEDULED PUBLIC COMMENTS -None.
D. UNSCHEDULED PUBLIC COMMENTS -None.
E. CONSIDERATION OF PLATS-None.
F. PUBLIC HEARINGS
1. Resolution PZ2022-26 -A request by Jeff Bettis for a Conditional Use Permit for a towing
storage yard on the property described as Lot 4, Block 5 , Cook Inlet Industrial Air Park,
located at 31 O Airport Way in the Central Mixed Use (CMU) Zone.
MOTION:
Vice Chair Halstead MOVED to adopt Resolution PZ2022-26. Commissioner Glendening SECONDED
the motion.
Planning Director Mitchell presented her staff report with information provided in the packet ex plaining
that the applicant wishes to obtain a conditional use permit (CUP) for a towing storage yard . Clarification
was provided that the lot is currently vacant and had previously been used as a towing storage yard , and
that the applicant would also be obtaining a Special Use Permit in order to operate the business on City-
owned property. The criteria for conditional use permits was reviewed ; it was noted the application met
the criteria and City staff recommends approval subject to the following conditions:
1. Any development or use of the property shall comply with all applicable Federal , State of Alaska,
and City regulations regardless of whether or not the requirements are listed as conditions for the
approval of the Conditional Use Permit.
2. Upon request, the applicant or applicant's representative shall meet with City staff for an on -site
inspection.
3. No open storage shall be located closer than twenty-five feet (25') to the adjoining right-of-way of
any collector street or main thoroughfare. Any open storage in front or side yard visible from a
collector street shall be enclosed with an eight-foot (8') high commercial grade fence.
4. No auto repair/service or dismantling shall occur on-site .
Planning & Zon ing Commission Meeting
December 14, 2022
Page 2 of 4
Page 104
1. City Council -Vice Mayor Baisden introduced himself to the Commission and reported on
the Council's progress hiring a new City Manager, noting that the contract will be finalized
soon.
2 . Kenai Peninsula Borough Planning -None.
3. City Administration -Planning Director Mitchell reported on the following:
• Code Enforcement Report as provided in the packet and laydown will be provided to the
Commission regularly.
• Encouraged commissioners to review the Comprehensive Plan, as there will be a work
session in the new year to prepare for the annual review.
• Advised the commissioners to consider P&Z Department goals for the upcoming
budget.
• Notices were sent to Conditional Use Permit owners to submit their annual report, with
a deadline of December 31 st. CUPs which are not in compliance will be reported to the
Commission.
• Public hearing notification postcard has been updated to include map.
K. ADDITIONAL PUBLIC COMMENTS -None.
L. INFORMATION ITEMS -None.
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. Next Meeting Date: December 28, 2022
N. COMMISSION COMMENTS & QUESTIONS
Commissioner Glendening noted it is a pleasure to be on the Commission, and that a review of the
Comprehensive Plan is needed.
Commissioner Coston noted that he is still learning the rules of order, and that he comes from a regulatory
background and can be a resource for other commissioners.
Commissioner Woodard wished everyone a Merry Christmas.
Vice Chair Halstead noted that it is good to see new faces and is looking forward to continuing to work with
the Commission .
Commissioner Greenberg thanked Commissioner Woodard for cookies and wished everyone Happy
Holidays, and noted he is looking forward to reviewing the Comprehensive Plan.
0. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:52 p .m.
Minutes prepared and submitted by:
M~
Deputy City Clerk
Plann ing & Zoning Commission Meeting
December 14, 2022
Page 4 of 4
Page 106
JANUARY 4, 2023
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED ADDITIONS TO THE PACKET:
ACTION ITEM REQUESTED BY
Add item G.7. Action/Approval Administration
• Special Use Permit to Beacon Occupational
Health & Safety for Exclusive Lease Space in
the Alaska Fire Training Center.
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Eland Conway, Airport Manager
DATE: December 30, 2022
SUBJECT: Beacon Occupational Health & Safety Services – Special Use Permit
Beacon Occupational Health & Safety Services requests a special use permit to use 1,716 square
feet of exclusive general office space and 2,250 square feet of common use space. The monthly
fee will be $5,468.16 plus applicable sales tax. In addition to the monthly fee, Beacon will be
responsible for custodial services for exclusive use space, standard City of Kenai Insurance
requirements, refuse, telecommunications, internet and tenant signage. The City of Kenai will be
responsible for custodial services for common use space, building insurance, snow removal,
general maintenance, grounds maintenance, gas, electric and water and waste water. The special
use permit will be effective for one year beginning January 1, 2023 to December 31, 2023.
Your consideration is appreciated.
Name of Applicant:
City: State: Zip Code:
City: State: Zip Code:
Type of Applicant: Individual (at least 18 years of age) Partnership Corporation Government
Limited Liability Company (LLC) Other _________________________________
Legal or physical description of the property:
Description of the proposed business or activity intended:
Is the area to be used in front of or immediately adjacent to any established business offering
the same or similar products or services upon a fixed location? YES NO
Would the use under this permit interfere with other businesses through excessive noise,
odor, or other nuisances? YES NO
If you answered yes to any of the above questions, please explain:
What is the term requested (not to exceed one year)?
Signature: Date:
Print Name: Title:
For City Use Only:
General Fund Airport Reserve Land
Airport Fund Outside Airport Reserve
Mailing Address:
E-mail: (Optional)
Requested Starting Date:
Work/ Message Phone: ( )
Work/ Message Phone: ( )
Application Date:
Name to Appear on Permit:
Phone Number(s): Home Phone: ( )
Home Phone: ( ) Phone Number(s):
E-mail: (Optional)
Mailing Address:
Date Application Fee Received:
City Council Action/Resolution:
Account Number:
City of Kenai
Special Use Permit
Application
Property Information
Applicant Information
Special Use Permit—Beacon Occupational Health & Safety Services
Page 1 of 6
SPECIAL USE PERMIT
THE CITY OF KENAI (CITY) for the considerations and pursuant to the conditions and
requirements set forth below, hereby grants Beacon Occupational Health & Safety Services
(PERMITTEE), whose address is 701 East Tudor Road, #110, Anchorage, Alaska 99503 the
exclusive right to use the area described below:
1,716 square feet of exclusive office space and 2,250 square feet of
common use space inside the Alaska Regional Fire Training Center,
located at 450 Daubenspeck Cir, Kenai, Alaska 99611.
1. TERM. The term of this Permit shall be for 1 year commencing on January 1, 2023
and ending on December 31, 2023. Regardless of the date of signature, this Permit shall be
effective as of January 1, 2023.
2. 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 $5,468.16, plus applicable sales tax.
B. Other Fees: Permittee is responsible for custodial services for exclusive use space,
refuse, telecommunications, internet and tenant signage. City shall be responsible
for custodial services for common use space, building insurance, snow removal,
general maintenance, grounds maintenance, gas, electric, and water and waste
water.
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)
3. USE. City authorizes Permittee the exclusive right to use 1,716 square feet for
General Office Space and 2,250 square feet of non-exclusive common use space as
identified in Exhibit A.
4. LICENSES AND PERMITS; LAWS. Permittee shall adhere to all federal, state,
Special Use Permit—Beacon Occupational Health & Safety Services
Page 2 of 6
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. 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.
iii. Permittee shall request a waiver of subrogation against City from
Permittee’s insurer and the waiver of subrogation, where possible,
Special Use Permit—Beacon Occupational Health & Safety Services
Page 3 of 6
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 January
1, 2023. The effective date of the insurance shall be no later than
January 1, 2023.
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.
6. 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
premises. Permittee shall provide all proper safeguards and shall assume all risks incurred
in its activities on and access to the Alaska Regional Fire Training Center and its exercise
of the privileges granted in this Permit.
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
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
Special Use Permit—Beacon Occupational Health & Safety Services
Page 4 of 6
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.
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:
Beacon Occupational Health & Safety Services
Attn: Amanda Johnson, CEO
701 East Tudor Road, #110
Anchorage, Alaska 99503
The contact information for City for purposes of notice and all communications from
Permittee to City is:
Kenai Municipal Airport
305 North Willow, Suite 200
Kenai, Alaska 99611
Special Use Permit—Beacon Occupational Health & Safety Services
Page 5 of 6
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: ________________________
Paul Ostrander
City Manager
BEACON OCCUPATIONAL HEALTH & SAFETY SERVICES
By:
Amanda Jonson
CEO
Approved as to form:
___________________
Scott Bloom
City Attorney
Special Use Permit—Beacon Occupational Health & Safety Services
Page 6 of 6
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the ____ day of ____________, 2023, 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 ____________, 2023, the foregoing
instrument was acknowledged before me by Amanda Jonson, of Beacon Occupational
Health & Safety Services, an Alaskan corporation, on behalf of the corporation.
________________________________
Notary Public for Alaska
My Commission Expires: __________
Kenai City Council - Regular Meeting Page 1 of 3
January 04, 2023
Kenai City Council - Regular Meeting
January 04, 2023 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. ENACTED WITHOUT OBJECTION. Ordinance No. 3324-2022 - Increasing Estimated
Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital
Project Funds and Authorizing the Purchase of Airport Snow Removal Equipment.
(Administration)
2. ENACTED AS AMENDED WITHOUT OBJECTION. Ordinance No. 3325-2022 - Accepting
and Appropriating Donations to the Kenai Community Library for the Purchase of Program
Supplies and Equipment. (Administration)
3. ENACTED WITHOUT OBJECTION. Ordinance No. 3326-2022 - Increasing Estimated
Revenues and Appropriations in the General Fund Parks, Recreation and Beautification
Department, and Authorizing an Increase to the Multi-Purpose Facility Management Services
Purchase Order to Red Line Sports for Additional Ice Maintenance Services. (Administration)
4. ENACTED WITHOUT OBJECTION. Ordinance No. 3327-2022 - Increasing and Decreasing
Estimated Revenues and Appropriations to Reallocate Grant Funds Previously Appropriated for
Construction of a Pedestrian Bridge in the Kenai Municipal Park to Playground Equipment
Replacement at the Softball Greenstrip. (Administration)
5. ENACTED WITHOUT OBJECTION. Ordinance No. 3328-2022 - Increasing Estimated
Revenues and Appropriations in the Airport Snow Removal Equipment Capital Project Fund to
Provide Supplemental Funding for the Kenai Municipal Airport’s Snowblower and Increasing
the Existing Purchase Order to Craig Taylor Equipment. (Administration)
Kenai City Council - Regular Meeting Page 2 of 3
January 04, 2023
6. ENACTED WITHOUT OBJECTION. Ordinance No. 3329-2022 - Increasing Estimated
Revenues and Appropriations in the General and Visitor Center Improvement Capital Project
Funds to Provide Supplemental Funding for the Roof Replacement Project. (Administration)
7. ENACTED WITHOUT OBJECTION. Ordinance No. 3330-2022 - Increasing Estimated
Revenues and Appropriations in the General and Recreation Center Improvement Capital
Project Funds to Provide Supplemental Funding for the Kenai Recreation Center Improvements
Project. (Administration)
8. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-01 - Adopting an Alternative
Allocation Method for the FY23 Shared Fisheries Business Tax Program and Certifying that this
Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business
Activity in FMA 14: Cook Inlet Area. (Administration)
9. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-02 - Adopting Goals to Guide the
Preparation of the Fiscal Year 2024 Annual Budget. (Administration)
E. MINUTES
1. *Work Session of December 21, 2022. (City Clerk)
2. *Regular Meeting of December 21, 2022. (City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Non-Objection to the Renewal of a Golf Course-Seasonal Liquor License
to Griffin Golf LLC. DBA: Kenai Golf Course - License 5788. (Clerk)
3. *Action/Approval - Non-Objection to the Transfer of Controlling Interest for a Beverage
Dispensary and Restaurant Designation Permit Liquor License to G&P Inc., DBA: The White
Moose - License 204. (Clerk)
4. *Ordinance No. 3331-2023 - Increasing Estimated Revenues and Appropriations in the
General Fund – Police Department and Accepting Grants from the United States Department
of Justice and Alaska Municipal League Joint Insurance Association for the Purchase of Ballistic
Vests. (Administration)
5. INTRODUCED AND REFERRED TO THE PLANNING & ZONING COMMISSION, AND
SCHEDULED FOR PUBLIC HEARING ON 2/1/2023. *Ordinance No. 3332-2023 - Amending
Kenai Municipal Code Section 3.10.070-Livestock within the City Limits, to Allow a Maximum of
Twelve (12) Chicken Hens to be Kept on Certain Lots Less than 40,000 Square Feet within the
City of Kenai. (Douthit)
6. APPROVED WITHOUT OBJECTION. Action/Approval - Confirming the Mayor Appointment
of Kenneth Ayers to the Council on Aging for a Partial Term Ending December 31, 2024.
(Gabriel)
7. APPROVED WITHOUT OBJECTION. Action/Approval - Special Use Permit to Beacon
Occupational Health & Safety for Exclusive Lease Space in the Alaska Fire Training Center.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
Kenai City Council - Regular Meeting Page 3 of 3
January 04, 2023
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
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/81303072020 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 813 0307 2020 Passcode: 480578 Meeting ID: 813 0307 2020 Passcode: 480578