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HomeMy WebLinkAbout2023-06-07 Council PacketKenai City Council - Regular Meeting Page 1 of 4 June 07, 2023 Kenai City Council - Regular Meeting June 07, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items 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 ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. Ordinance No. 3353-2023 - Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the Fiscal Year Commencing July 1, 2023 And Ending June 30, 2024 and Committing $5,761,661 of General Fund, Fund Balance for Future Capital Improvements. (Administration) 2. Ordinance No. 3354-2023 - Accepting and Appropriating Grant Funds from the Department of Justice Passed Through the Alaska Internet Crimes Against Children Task Force for the Purchase of Forensic Software. (Administration) 3. Ordinance No. 3355-2023 - Amending KMC 13.10.015-Minor Offense Fine Schedule, to Incorporate Prior Amendments to KMC 13.30.030- Street Parking Prohibitions, and the Repeal of KMC 13.30.095- Parking Prohibited on Kenai Avenue. (Legal) 4. Ordinance No. 3356-2023 - Amending Kenai Municipal Code Title 23—Personnel Regulations to Address Recruitment and Retention of Employees and Make Housekeeping Changes. (Administration) 5. Resolution No. 2023-38 - Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2023 and Ending June 30, 2024. (Administration) 6. Resolution No. 2023-39 - Amending the Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes Included in the FY2024 Budget to Include Adjusting Airport Fees, Page 1 Kenai City Council - Regular Meeting Page 2 of 4 June 07, 2023 Parks and Recreation Fees, City Dock Fees, Water Fees, Sewer Fees, Senior Center Fees, and Adjusting the Monthly Rental Rates at Vintage Pointe. (Administration) 7. Resolution No. 2023-40 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 N. Willow Street Roadway Improvements Project. (Administration) 8. Resolution No. 2023-41 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 First Avenue Roadway Repairs Project. (Administration) 9. Resolution No. 2023-42 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 Miscellaneous Roadway Repairs Project. (Administration) 10. Resolution No. 2023-43 - Authorizing a Construction Agreement and Corresponding Purchase Order for the Kenai Fire Department Apparatus Bay Floor Refinishing Project. (Administration) F. MINUTES 1. *Regular Meeting of May 17, 2023. (City Clerk) G. UNFINISHED BUSINESS 1. Action/Approval - Extending the Agreement for Tourism and Marketing Services with Divining Point, LLC for One Year. (Administration) [Clerk's Note: At the May 17, 2023 City Council Meeting, this Item was Postponed to June 7, 2023; a Motion to Approve is on the Floor.] H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Confirming the Appointment of Lisa Gabriel to the Harbor Commission for a Partial Term Ending December 31, 2025. (Baisden) 4. *Action/Approval - Special Use Permit to the Department of Natural Resources Forestry for Apron Space for Aircraft Loading and Parking. (Administration) 5. *Action/Approval - Special Use Permit to Alaska Geographic for a Vending Kiosk in Terminal Space. (Administration) 6. *Action/Approval - Special Use Permit to Alaska Air Fuel for Apron Space for Aircraft Loading and Parking. (Administration) 7. *Action/Approval - Special Use Permit to Crowley Fuels for Apron Space for Aircraft Loading and Parking. (Administration) 8. *Action/Approval - Special Use Permit to Empire Airlines for Apron Space for Aircraft Loading and Parking. (Administration) 9. *Action/Approval - Special Use Permit to Everts Air Fuel for Apron Space for Aircraft Loading and Parking. (Administration) 10. *Action/Approval - Special Use Permit to United Parcel Service Co., Inc. for Apron Space for Aircraft Loading and Parking. (Administration) 11. *Action/Approval - Special Use Permit for Weaver Brothers Inc. for Truck and Trailer Storage. (Administration) Page 2 Kenai City Council - Regular Meeting Page 3 of 4 June 07, 2023 12. *Action/Approval - Special Use Permit to Sherry Swafford for a Community Garden. (Administration) 13. *Ordinance No. 3357-2023 - Amending Kenai Municipal Code Section 23.55.045 to Establish an Annual Tool Allowance for Classified Employees Required to Furnish their Own Standard Working Tools. (Administration) 14. *Ordinance No. 3358-2023 - Increasing Estimated Revenues and Appropriations in the General Fund to Provide Supplemental Funding for the Parks and Recreation Utilities Budget. (Administration) 15. Action/Approval - Extending the Facilities Management Agreement with the Kenai Chamber of Commerce for the Kenai Visitor and Cultural Center Facility Operations. (Administration) 16. Action/Approval - Amending an Employment Agreement between the City of Kenai and City Clerk, Michelle Saner. (Gabriel) 17. Discussion/Action - Scheduling a Special Meeting for June 29, 2023 for City Manager Evaluation (Gabriel) 18. Discussion/Action - Kenai Peninsula Borough Ordinance 2023-11 - Amending Borough Code to Reduce the Number of Seats on the Planning Commission. (Legal) I. 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 J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION 1. Review and Discussion of the City Clerk's Evaluation Which May be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk [AS 44.62.310(C)(2)]. N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS Page 3 Kenai City Council - Regular Meeting Page 4 of 4 June 07, 2023 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/83759693764 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 837 5969 3764 Passcode: 996215 Meeting ID: 837 5969 3764 Passcode: 996215 Page 4 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3353-2023 AN ORDINANCE ADOPTING THE ANNUAL BUDGET, SALARY SCHEDULE AND EMPLOYEE CLASSIFICATION PLAN FOR THE FISCAL YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024 AND COMMITTING $5,761,661 OF GENERAL FUND, FUND BALANCE FOR FUTURE CAPITAL IMPROVEMENTS. WHEREAS it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed; and, WHEREAS, pursuant to Kenai City Charter section 2-4, the City Council has the power to adopt a budget, raise revenue, and make appropriations; and regulate salaries and wages and all other fiscal affairs of the City; and, WHEREAS, adoption of this Ordinance constitutes Council meeting its obligation to adopt a budget, raise revenue, and make appropriations; and, WHEREAS, through adoption of the document entitled “Annual Budget for the City of Kenai, Alaska July 1, 2023 – June 30, 2024”, which includes the City Manager presented table of Authorized Personnel Staffing and Salary Schedules, Council meets its obligation to adopt the Salary Schedule of the City for fiscal year 2024; and, WHEREAS, adoption of the document entitled “Annual Budget for the City of Kenai, Alaska July 1, 2023 – June 30, 2024”, which includes the City Manager presented Employee Classification Plan satisfies the requirement of KMC 23.50.010; and, WHEREAS, committed fund balance represents resources whose use is constrained by Council self- imposed limitations at its highest level of decision making, an Ordinance, and that remain binding unless removed in the same manner; and, WHEREAS, in recognition of deferred and ongoing maintenance needs of City facilities and in support of the City’s Fiscal Year 2024 – 2028 Capital Improvement Plan (The Plan), Council commits $5,761,661, towards funding of The Plan for fiscal years 2025-2028. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That certain document entitled "Annual Budget for the City of Kenai, Alaska July 1, 2023 – June 30, 2024" which is available for examination by the public in the Office of the City Clerk, the City’s website and is incorporated herein by reference is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2023 and ending June 30, 2024. Section 2. The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2023, and ending the 30th day of June, 2024, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: Page 5 Ordinance No. 3353-2023 Page 2 of 6 New Text Underlined; [DELETED TEXT BRACKETED] General Fund $ 19,468,821 Enterprise Fund – Congregate Housing Fund 723,685 Internal Service Funds: Equipment Replacement Fund 206,907 Fleet Replacement Fund 62,268 Employee Health Care Fund 3,016,689 Total Internal Service Funds 3,285,864 Special Revenue Funds: Personal Use Fishery Fund 494,446 Water & Sewer Fund 3,891,795 Airport Fund 3,853,333 Senior Citizen Fund 1,023,501 Total Special Revenue Funds 9,263,075 Permanent Funds: Airport Land Sale Permanent Fund 1,053,635 General Land Sale Permanent Fund 138,209 Total Permanent Revenue Funds 1,191,844 Capital Project Funds: Park Improvement 125,000 Kenai Recreation Center Improvement 75,000 Kenai Public Safety Improvement 100,000 Kenai Multipurpose Facility Improvement 100,000 Kenai City Hall Improvement 50,000 Municipal Roadway Improvement 180,000 Congregate Housing Improvement 150,000 Airport Operations Facility Improvement 50,000 Airport Terminal Improvement 50,000 Water & Sewer Improvement 400,000 W aste Water Treatment Plant 300,000 Total Capital Project Funds 1,580,000 Debt Service Fund – Library Expansion Bonds 130,625 Total All Funds $35,643,914 Section 3. Council hereby commits $5,761,661 of Unassigned General Fund, Fund Balance for future renovations and improvements to City facilities. Page 6 Ordinance No. 3353-2023 Page 3 of 6 New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Council hereby adopts the Salary Schedule presented by the City Manager and included in the “Annual Budget for the City of Kenai, Alaska July 1, 2023 – June 30, 2024”: Classified employees excluding those engaged in fire protection activities. Range A B C D E F AA BB CC Step 1 $14.11 $14.46 $14.82 $15.17 $15.52 $15.87 $16.23 $16.58 $16.93 2 14.82 15.19 15.56 15.93 16.30 16.67 17.04 17.41 17.78 3 15.56 15.95 16.34 16.73 17.12 17.51 17.89 18.28 18.67 4 16.34 16.75 17.16 17.57 17.97 18.38 18.79 19.20 19.61 5 17.15 17.58 18.01 18.44 18.87 19.29 19.72 20.15 20.58 6 18.02 18.47 18.92 19.37 19.82 20.27 20.72 21.17 21.62 7 18.91 19.38 19.86 20.33 20.80 21.27 21.75 22.22 22.69 8 20.25 20.76 21.26 21.77 22.28 22.78 23.29 23.79 24.30 9 21.27 21.80 22.33 22.87 23.40 23.93 24.46 24.99 25.52 10 22.32 22.88 23.44 23.99 24.55 25.11 25.67 26.23 26.78 11 23.42 24.01 24.59 25.18 25.76 26.35 26.93 27.52 28.10 12 24.62 25.24 25.85 26.47 27.08 27.70 28.31 28.93 29.54 13 25.86 26.51 27.15 27.80 28.45 29.09 29.74 30.39 31.03 14 27.15 27.83 28.51 29.19 29.87 30.54 31.22 31.90 32.58 15 28.48 29.19 29.90 30.62 31.33 32.04 32.75 33.46 34.18 16 29.91 30.66 31.41 32.15 32.90 33.65 34.40 35.14 35.89 17 31.44 32.23 33.01 33.80 34.58 35.37 36.16 36.94 37.73 18 32.98 33.80 34.63 35.45 36.28 37.10 37.93 38.75 39.58 19 34.64 35.51 36.37 37.24 38.10 38.97 39.84 40.70 41.57 20 36.35 37.26 38.17 39.08 39.99 40.89 41.80 42.71 43.62 21 38.18 39.13 40.09 41.04 42.00 42.95 43.91 44.86 45.82 22 40.09 41.09 42.09 43.10 44.10 45.10 46.10 47.11 48.11 23 42.07 43.12 44.17 45.23 46.28 47.33 48.38 49.43 50.48 24 44.19 45.29 46.40 47.50 48.61 49.71 50.82 51.92 53.03 25 46.40 47.56 48.72 49.88 51.04 52.20 53.36 54.52 55.68 26 48.75 49.97 51.19 52.41 53.63 54.84 56.06 57.28 58.50 27 51.14 52.42 53.70 54.98 56.25 57.53 58.81 60.09 61.37 28 53.72 55.06 56.41 57.75 59.09 60.44 61.78 63.12 64.46 29 56.48 57.89 59.30 60.72 62.13 63.54 64.95 66.36 67.78 Classified employees engaged in fire protection activities Range A B C D E F AA BB CC Step 18 $23.56 $24.15 $24.74 $25.33 $25.92 $26.51 $27.09 $27.68 $28.27 19 24.74 25.36 25.98 26.60 27.21 27.83 28.45 29.07 29.69 20 25.98 26.63 27.28 27.93 28.58 29.23 29.88 30.53 31.18 21 27.27 27.95 28.63 29.32 30.00 30.68 31.36 32.04 32.72 22 28.65 29.37 30.08 30.80 31.52 32.23 32.95 33.66 34.38 Department head service employees Range Minimum Maximum 23 $87,542 $115,545 24 89,782 121,306 25 96,527 127,428 26 101,386 133,833 27 106,386 140,424 28 111,739 147,507 29 117,469 155,056 Page 7 Ordinance No. 3353-2023 Page 4 of 6 New Text Underlined; [DELETED TEXT BRACKETED] Temporary employees excluding those engaged in fire protection activities. Range A B C Step T1 $14.11 $14.46 $14.82 T2 14.82 15.19 15.56 T3 15.56 15.95 16.34 T4 16.34 16.75 17.16 T5 17.15 17.58 18.01 T6 18.02 18.47 18.92 T7 18.91 19.38 19.86 T8 20.25 20.76 21.26 T9 21.27 21.80 22.33 T10 22.32 22.88 23.44 T11 23.42 24.01 24.59 T12 24.62 25.24 25.85 T13 25.86 26.51 27.15 T14 27.15 27.83 28.51 T15 28.48 29.19 29.90 T16 29.91 30.66 31.41 T17 31.44 32.23 33.01 T18 32.98 33.80 34.63 T19 34.64 35.51 36.37 T20 36.35 37.26 38.17 T21 38.18 39.13 40.09 T22 40.09 41.09 42.09 T23 42.07 43.12 44.17 T24 44.19 45.29 46.40 T25 46.40 47.56 48.72 T26 48.75 49.97 51.19 T27 51.14 52.42 53.70 T28 53.72 55.06 56.41 T29 56.48 57.89 59.30 Temporary employees engaged in fire protection activities. Range A B C Step T18 $23.56 $24.15 $24.74 T19 24.74 25.36 25.98 T20 25.98 26.63 27.28 T21 27.27 27.95 28.63 T22 28.65 29.37 30.08 Section 5. Council hereby adopts the Employee Classification Plan presented by the City Manager and included in the “Annual Budget for the City of Kenai, Alaska July 1, 2023 – June 30, 2024”: Class Code Class Title Range (A) Supervisory and Professional 101 City Manager** NG 102 City Attorney** NG 103 City Clerk** NG 104 Finance Director* 29 105 Public Works Director* 28 Page 8 Ordinance No. 3353-2023 Page 5 of 6 New Text Underlined; [DELETED TEXT BRACKETED] 106 Police Chief* 28 107 Fire Chief* 27 112 Airport Manager* 25 117 Planning Director* 23 118 Information Technology (IT) Manager 23 119 Assistant to City Manager/Special Projects Coordinator 23 120 Library Director* 23 121 Senior Center Director* 23 122 Parks and Recreation Director* 23 123 Human Resources Director* 23 124 Controller 25 (B) Administrative Support 203 Administrative Assistant I 13 204 Accounting Technician I 15 205 Accounting Technician II 16 207 Desktop Support Technician 13 210 Administrative Assistant II 14 211 Administrative Assistant III 15 214 Library Assistant 11 218 Library Aide 8 219 Data Entry Clerk 1 (C) Public Safety 302 Fire Fighter 18 303 Police Lieutenant 27 304 Police Sergeant 24 305 Police Officer 21 306 Public Safety Dispatcher 14 307 Fire Engineer 20 311 Fire Captain 21 312 Fire Marshal 22 313 Communications Supervisor 17 314 Police Trainee 21/1 315 Deputy Fire Chief 25 316 Chief Animal Control Officer 17 317 Animal Control Officer 14 (D) Public Works/ Airport Operations 400 Capital Project Manager 23 401 Building Official/Manager 22 402 Shop Foreman 21 403 Street Foreman 21 404 Utility Foreman I/II 21/22 405 Utility Operator I/II 15/18 407 Equipment Operator 16 Page 9 Ordinance No. 3353-2023 Page 6 of 6 New Text Underlined; [DELETED TEXT BRACKETED] 408 Shop Mechanic 19 409 Equipment Lead Operator 19 412 Building Maintenance Technician 17 413 Utility Lead Operator 19 417 Airport Operations Specialist 16 418 Airport Operations Supervisor 20 419 Building Maintenance Lead Technician 19 (E) General Services 502 Assistant Parks & Recreation Director 19 503 Recreation Center Worker 3 504 Parks and Recreation Maintenance Technician 14 505 Parks and Recreation Laborer 6 506 Cook 8 508 Driver 4 509 Kitchen Assistant 4 511 Janitor I/II 4/5 * Department Head Service ** City Manager, City Clerk, and City Attorney are Council-appointed administrative offices Section 6. 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 7. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect July 1, 2023. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF JUNE, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: May 17, 2023 Enacted: June 7, 2023 Effective: July 1, 2023 Page 10 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Larry Semmens, Interim Finance Director DATE: May 5, 2023 SUBJECT: Ordinance 3353-2023 Adopting the FY2024 City of Kenai Annual Budget The purpose of this memo is to recommend enactment of Ordinance 3353-2023, Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the year commencing July 1, 2023 and ending June 30, 2024. The City Council held the following work sessions relating to the budget: November 16, 2022 to discuss the Fiscal year 2024 – 2028 Capital Plan. The Capital Plan was approved by Resolution 2023-05 on February 1, 2023. December 21, 2022 to develop the FY 2024 Budget Goals. The Council established the FY 2024 Budget Goals with the approval of Resolution 2023-02 January 4, 2023. April 29, 2023 for the Administration to present the draft FY 2024 Annual Budget including the Salary Schedule and Employee Classification Plan. The draft budget document is available for public review on the City’s website on the Finance Department page. Since the last budget work session some changes were made to the budget related to a reduction of $80,000 in General Fund Non-Departmental transfer to capital projects due to deferring the Clerk Department Records Vault project; salary adjustments for the City Clerk and Attorney positions; and a $2,500 increase in the Water Department to correct the amount needed to purchase machinery and equipment. Since the General Fund Budget decreased from the prior presentation, the amount available for future capital improvements increased by $69,210. The attached are the summary pages for the General Fund and the Water and Sewer Fund showing the revised budgets for each fund. The Administration will be available to answer questions regarding the FY 2024 budget during, or any time prior to, the public hearing on Ordinance 3353-2023. Page 11 City of Kenai Fiscal Year 2024 Operating Budget General Fund Budget Projection Original Actual Actual Budget Projection Proposed Projection Projection FY2021 FY2022 FY2023 FY2023 FY2024 FY2025 FY2026 TAXABLE VALUES (000'S)899,743$ 894,277$ 961,718$ 969,225$ 987,136$ 995,557$ 1,012,312$ MILL RATE 4.35 4.35 4.35 4.35 4.35 4.35 4.35 REVENUES Property & Sales Taxes Property Tax 3,906,981 3,989,661 4,207,803 4,313,500 4,321,161 4,394,059 4,465,486 Sales Tax 8,560,985 9,191,637 9,307,808 9,696,824 9,999,729 10,299,721 10,608,713 Total Property & Sales Taxes 12,467,966 13,181,298 13,515,611 14,010,324 14,320,890 14,693,780 15,074,199 Intergovernmental Revenue: PERS Funding 611,708 575,270 216,490 216,490 255,735 263,407 271,309 Community Assistance 77,374 153,319 80,000 201,915 75,805 75,805 75,805 Fish Tax 78,883 61,709 50,000 20,000 50,000 51,500 53,045 Other 115,546 2,078,149 994,775 94,840 52,500 55,125 57,881 Total State/Federal Revenue 883,511 2,868,447 1,341,265 533,245 434,040 445,837 458,040 Other Revenue Licenses and Permits 213,168 152,642 191,500 143,460 155,100 159,753 164,546 Ambulance Fees 348,562 437,490 500,000 967,400 875,000 901,250 928,288 Interest 20,528 (242,890) 200,000 200,000 461,788 476,368 406,382 Other 790,143 858,628 819,011 884,951 770,700 793,821 817,636 Total Other Revenue 1,372,401 1,205,870 1,710,511 2,195,811 2,262,588 2,331,192 2,316,852 Total Revenues 14,723,878 17,255,615 16,567,387 16,739,380 17,017,518 17,470,809 17,849,091 Transfer From Other Funds Charges to other funds 1,643,800 1,620,500 1,798,600 1,798,600 1,757,300 1,810,019 1,864,320 Capital Projects / Special Revenue 92,393 188,266 75,000 103,266 75,000 75,000 75,000 Enterprise 37,300 42,700 47,000 47,000 40,600 41,818 43,073 Trust Fund 145,750 157,043 160,109 - 138,209 140,973 143,792 Total Transfers 1,919,243 2,008,509 2,080,709 1,948,866 2,011,109 2,067,810 2,126,185 Total Revenues and Transfers 16,643,121 19,264,124 18,648,096 18,688,246 19,028,627 19,538,619 19,975,276 EXPENDITURES/APPROPRIATIONS General Government 4,169,206 3,654,595 3,844,487 3,915,011 4,141,290 4,343,240 4,473,537 Public Safety 4,654,653 7,906,368 8,697,890 8,781,787 9,073,300 9,526,965 9,812,774 Public Works 2,315,653 2,133,864 2,650,912 2,706,133 2,788,266 2,927,679 3,015,509 Parks, Recreation & Cultural 2,095,823 2,183,732 2,423,655 2,508,259 2,521,185 2,647,244 2,726,661 Total Operating Expenditures 13,235,335 15,878,559 17,616,944 17,911,190 18,524,041 19,445,128 20,028,481 Transfers or Non-Operating 2,256,676 2,281,910 1,809,841 1,824,841 944,780 3,398,606 1,127,004 Total Expenditures/Appropriations 15,492,011 18,160,469 19,426,785 19,736,031 19,468,821 22,843,734 21,155,485 Total Surplus (Deficit)1,151,110 1,103,655 (778,689) (1,047,785) (440,194) (3,305,115) (1,180,209) Projected Lapse - 5%- - 880,847 895,560 926,202 972,256 1,001,424 Adjusted Surplus (Deficit)1,151,110 1,103,655 102,158 (152,225) 486,008 (2,332,859) (178,785) Beginning Fund Balance 13,290,392 14,441,502 14,043,661 15,545,157 15,392,932 15,878,940 13,546,081 Ending Fund Balance 14,441,502 15,545,157 14,145,819 15,392,932 15,878,940 13,546,081 13,367,296 Restricted (640,115) (673,494) (716,115) (713,494) (749,494) (785,494) (821,494) Committed (10,836,929) (11,172,914) (10,384,587) (11,644,010) (12,104,633) (9,353,586) (9,301,797) Assigned (2,964,458) (3,007,753) (3,045,117) (3,035,428) (3,024,813) (3,407,001) (3,244,005) Unassigned Fund Balance -$ 690,996$ -$ -$ -$ -$ -$ Page 12 City of Kenai Fiscal Year 2024 Operating Budget Budget Projection Fund: 010 - Water and Sewer Fund Original Actual Actual Budget Projection Proposed FY2021 FY2022 FY2023 FY2023 FY2024 Revenues PERS Grant 52,403$ 45,630$ 18,950$ 18,950$ 22,525$ Usage Fees Service Hook-up 4,141 7,762 3,926 3,928 4,125 Residential Water 858,205 874,085 942,637 942,617 989,748 Commercial Water 332,906 343,557 373,492 363,167 381,325 Residential Sewer 1,214,219 1,235,894 1,336,215 1,322,444 1,388,566 Commercial Sewer 474,577 480,088 523,246 490,729 515,265 Total Usage Fees 2,884,048 2,941,386 3,179,516 3,122,885 3,279,029 Miscellaneous Revenues Penalty and Interest (19) 32,856 30,462 39,000 40,950 Interest Earnings 5,702 (69,134) 5,000 5,000 35,000 Other 5,665 19,810 3,000 5,000 5,000 Total Miscellaneous Revenues 11,348 (16,468) 38,462 49,000 80,950 Transfer In, Capital Projects 23,496 147,303 - - - Total Revenues 2,971,295 3,117,851 3,236,928 3,190,835 3,382,504 Expenditures Water Department 773,024 783,101 914,495 963,284 1,270,822 Sewer Department 406,204 389,368 486,022 489,740 680,809 Wastewater Treatment Plant Department 1,028,490 1,031,021 1,272,280 1,532,489 1,260,194 Total Expenditures 2,207,718 2,203,490 2,672,797 2,985,513 3,211,825 Transfers Capital Projects 1,770,615 1,520,000 500,000 500,000 679,970 Total Expenditures & Transfers 3,978,333 3,723,490 3,172,797 3,485,513 3,891,795 Contribution To/(From) Fund Balance:(1,007,038) (605,639) 64,131 (294,678) (509,291) Projected Lapse (6%)- - 142,146 146,509 175,982 Adjusted (Deficit)/Surplus 206,277 (148,169) (333,309) Beginning Fund Balance 2,958,696 1,951,658 987,486 1,346,019 1,197,850 Ending Fund Balance 1,951,658$ 1,346,019$ 1,193,763$ 1,197,850$ 864,541$ Page 13 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3354-2023 AN ORDINANCE ACCEPTING AND APPROPRIATING GRANT FUNDS FROM THE DEPARTMENT OF JUSTICE PASSED THROUGH THE ALASKA INTERNET CRIMES AGAINST CHILDREN TASK FORCE FOR THE PURCHASE OF FORENSIC SOFTWARE. WHEREAS, the Kenai Police Department is an active member in good standing with Alaska Internet Crimes Against Children (ICAC) Task Force; and, WHEREAS, investigators at the Kenai Police Department operate a Cellebrite system for performing forensic device data extraction and examination, which requires regular software updates; and, WHEREAS, the software updates for the Cellebrite will cost approximately $6,100 and the ICAC has approved reimbursing the Kenai Police Department for $5,000 of that cost; and, WHEREAS, the remaining cost of the software, above the grant amount, will be covered by funds within the current Police operating budget and no further appropriation is required. 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 grant funds in the amount of $5,000 and to expend those funds pursuant to all grant terms and conditions and to fulfill the purpose and intent of this ordinance. Section 2. That estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Federal Grants - Police $5,000 Increase Appropriations – Police - Software $5,000 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 7TH DAY OF JUNE, 2023. Page 14 Ordinance No. 3354-2023 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: May 17, 2023 Enacted: June 7, 2023 Effective: June 7, 2023 Page 15 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: May 8, 2023 SUBJECT: Ordinance No. 3354-2023, ICAC funds for Cellebrite Software The Kenai Police Department is a member agency of the Alaska Internet Crimes Against Children (ICAC) Task Force. That Task Force receives funding from the Department of Justice to assist in its mission. As a member of the ICAC, the Kenai Police Department has been allocated some of those grant funds. The Department operates a Cellebrite device for forensic data extraction of devices, such as smart phones. That Cellebrite device requires software updates and the ICAC has approved reimbursement for software updates to that device. The software updates are $6,100 and ICAC has committed $5,000 for the purchase on a reimbursement basis. The remaining $1,100 will come from the police department budget with no additional appropriation required. I am respectfully requesting consideration of the ordinance accepting and appropriating these grant funds for the purpose they were intended. Page 16 Sponsored by: Legal New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3355-2023 AN ORDINANCE AMENDING KMC 13.10.015-MINOR OFFENSE FINE SCHEDULE, TO INCORPORATE PRIOR AMENDMENTS TO KMC 13.30.030- STREET PARKING PROHIBITIONS, AND THE REPEAL OF KMC 13.30.095- PARKING PROHIBITED ON KENAI AVENUE. WHEREAS, Ordinance 3321-2022 (Substitute) amended certain provisions of City Code related to on- street parking to allow greater flexibility in the regulation of parking in the City; and, WHEREAS, it is in the best interest of the City to amend KMC 13.10.015- Minor offense fine schedule, to incorporate these changes; and, WHEREAS, the amendments to KMC 13.10-015 will not result in any monetary changes to the fine amounts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 13.10.015 of Kenai Municipal Code: That Kenai Municipal Code, Section 13.10.015. Minor Offense Fine Schedule is hereby amended as follows: 13.10.015 Minor [O]Offense [F]Fine [S]Schedule. In accordance with AS 29.25.070(a), citations for the following offenses may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the fine amounts listed below or on the State of Alaska Uniform Minor Offense Tables for Titles 28 and 13 AAC offenses plus the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the City of Kenai. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one (1) of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense. If an offense is not listed on this fine schedule or another fine schedule the defendant must appear in court to answer to the charges. The fine amounts are doubled for motor vehicle or traffic offenses committed in a highway work zone, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b). An offense may not be disposed of without a court appearance if the offense is in connection with a motor vehicle accident that results in a death of a person. Page 17 Ordinance No. 3355-2023 Page 2 of 9 New Text Underlined; [DELETED TEXT BRACKETED] MINOR OFFENSE FINE SCHEDULE CITE RULE/OFFENSE FINE OFF-ROAD VEHICLE OPERATION 1 KMC 13.40.020(a) On public or private property without the express or implied consent of the owner, authorized agent, or representative. 100.00 2 KMC 13.40.020(b) On municipal park lands, except where specifically authorized, municipal playgrounds and school playground areas except by special authorization or in a specially designated area. Notwithstanding, wheelchairs may be operated on park lands and playgrounds by persons with mobility disabilities, subject to the other provisions of this chapter. 100.00 3 KMC 13.40.020(c) On a City or State maintained roadway, sidewalk, or on a path or trail designated for bicycles or pedestrians, unless such travel is necessary to go around an obstruction or hazard. 100.00 4 KMC 13.40.020(d) On any City or State road right-of-way that has been landscaped, seeded, or otherwise improved. 100.00 5 KMC 13.40.020(e) In such a manner as to produce sufficient noise to disturb the peace and quiet of another. 100.00 6 KMC 13.40.020(f) In such a manner as to cause damage to improved property or destruction to the terrain. 100.00 7 KMC 13.40.030 Special stops required. 90.00 8 KMC 13.40.050 Helmet required. 100.00 9 KMC 13.30.080 Operating vehicle in a prohibited area. 100.00 ANIMALS Page 18 Ordinance No. 3355-2023 Page 3 of 9 New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE/OFFENSE FINE 10 KMC 3.10.010 No person may permit an animal which he owns to interfere with another person’s reasonable right to peace or privacy by making repeated or continued noise. (1st offense) 50.00 11 KMC 3.10.010 No person may permit an animal which he owns to interfere with another person’s reasonable right to peace or privacy by making repeated or continued noise. (2nd offense) 100.00 12 KMC 3.10.010 No person may permit an animal which they own to interfere with another person’s reasonable right to peace or privacy by making repeated or continued noise. (3rd offense) Up to 500.00 13 KMC 3.10.020(a) A person who owns a dog shall keep the dog under restraint at all times. (1st offense) 50.00 14 KMC 3.10.020(a) A person who owns a dog shall keep the dog under restraint at all times. (2nd offense) 100.00 15 KMC 3.10.020(a) A person who owns a dog shall keep the dog under restraint at all times. (3rd offense) Up to 500.00 16 KMC 3.10.020(b) A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (1st offense) 50.00 17 KMC 3.10.020(b) A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (2nd offense) 100.00 18 KMC 3.10.020(b) A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (3rd offense) Up to 500.00 Page 19 Ordinance No. 3355-2023 Page 4 of 9 New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE/OFFENSE FINE 19 KMC 3.10.020(c) A person who owns a dog or other animal shall use reasonable means, including restraint or confinement, to prevent that dog or other animal from causing harm or injury to another person or animal unless the animal is on the private property of the owner. 100.00 20 KMC 3.10.020(d) A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. (1st offense) 50.00 21 KMC 3.10.020(d) A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. (2nd offense) 100.00 22 KMC 3.10.020(d) A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. (3rd offense) Up to 500.00 23 KMC 3.10.020(e) A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes; provided, that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. (1st offense) 50.00 24 KMC 3.10.020(e) A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes; provided, that a female sled dog in 100.00 Page 20 Ordinance No. 3355-2023 Page 5 of 9 New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE/OFFENSE FINE heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. (2nd offense) 25 KMC 3.10.020(e) A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes; provided, that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. (3rd offense) Up to 500.00 26 KMC 3.10.020(f) No person other than an officer performing his duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. (1st offense) 50.00 27 KMC 3.10.020(f) No person other than an officer performing his duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. (2nd offense) 100.00 28 KMC 3.10.020(f) No person other than an officer performing their duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. (3rd offense) Up to 500.00 29 KMC 3.10.030 A person who owns an animal shall maintain all structures, pens, and yards where the person keeps the animal, and all areas adjacent thereto, in a clean and sanitary condition and free from objectionable odor. (1st offense) 50.00 30 KMC 3.10.030 A person who owns an animal shall maintain all structures, pens, and yards where the person keeps the animal, and all areas adjacent thereto, in a clean and 100.00 Page 21 Ordinance No. 3355-2023 Page 6 of 9 New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE/OFFENSE FINE sanitary condition and free from objectionable odor. (2nd offense) 31 KMC 3.10.030 A person who owns an animal shall maintain all structures, pens, and yards where the person keeps the animal, and all areas adjacent thereto, in a clean and sanitary condition and free from objectionable odor. (3rd offense) Up to 500.00 32 KMC 3.10.050 No person may tie, stake, or otherwise confine an animal by a street, sidewalk, alley, or public place, or in such a manner that the animal may enter a street, alley, or public place, except as permitted under KMC 3.05.080. (1st offense) 50.00 33 KMC 3.10.050 No person may tie, stake, or otherwise confine an animal by a street, sidewalk, alley, or public place, or in such a manner that the animal may enter a street, alley, or public place, except as permitted under KMC 3.05.080. (2nd offense) 100.00 34 KMC 3.10.050 No person may tie, stake, or otherwise confine an animal by a street, sidewalk, alley, or public place, or in such a manner that the animal may enter a street, alley, or public place, except as permitted under KMC 3.05.080. (3rd offense) Up to 500.00 35 KMC 3.10.070 No person shall keep or maintain livestock. (1st offense) 50.00 36 KMC 3.10.070 No person shall keep or maintain livestock. (2nd offense) 100.00 37 KMC 3.10.070 No person shall keep or maintain livestock. (3rd offense) Up to 500.00 38 KMC 3.10.080 Failure to properly dispose of dog waste. 50.00 Page 22 Ordinance No. 3355-2023 Page 7 of 9 New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE/OFFENSE FINE 39 KMC 3.15.010 No person may operate a kennel facility without a license. (1st offense) 50.00 40 KMC 3.15.010 No person may operate a kennel facility without a license. (2nd offense) 100.00 41 KMC 3.15.010 No person may operate a kennel facility without a license. (3rd offense) Up to 500.00 42 KMC 3.15.050(a) Standards for operating facilities. (1st offense) 50.00 43 KMC 3.15.050(a) Standards for operating facilities. (2nd offense) 100.00 44 KMC 3.15.050(a) Standards for operating facilities. (3rd offense) Up to 500.00 45 KMC 3.20.010 Failure to license a dog. (1st offense) 50.00 46 KMC 3.20.010 Failure to license a dog. (2nd offense) 100.00 47 KMC 3.20.010 Failure to license a dog. (3rd offense) Up to 500.00 PARKING 48 KMC 13.10.060 Camping on private property. 50.00 49 KMC 13.30.030 [NIGHT PARKING PROHIBITED] Street Parking Prohibitions. 50.00 50 KMC 13.30.035 Paid parking. 50.00 51 [KMC 13.30.095] [PARKING PROHIBITED ON KENAI AVENUE] [50.00] 52 KMC 18.35.010 Overnight camping. 50.00 53 AR 6.05.010-030 Parking at airport. (1st offense) 25.00 Page 23 Ordinance No. 3355-2023 Page 8 of 9 New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE/OFFENSE FINE 54 AR 6.05.010-030 Parking at airport. (2nd offense) 50.00 ABANDONED / JUNK VEHICLES / LITTERING 55 KMC 12.20.010 Deposit of refuse (littering). 500.00 56 KMC 12.20.010 No fish, fish carcasses, fish parts or offal may be deposited in dumpsters or receptacles unless marked specifically to allow for fish or fish parts. 150.00 57 KMC 12.25.020 Abandonment of vehicle. 100.00 58 KMC 12.25.030 Junk vehicle. 100.00 OFFENSES AGAINST PROPERTY 59 KMC 13.20.030 Protection of North and South Shore—No physical damage. 150.00 60 KMC 13.20.030 Protection of North and South Shore—Physical damage. 500.00 61 KMC 13.20.035 Burning of pallets and other wood materials containing metal fasteners. 50.00 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 7TH DAY OF JUNE, 2023. ___________________________________ Page 24 Ordinance No. 3355-2023 Page 9 of 9 New Text Underlined; [DELETED TEXT BRACKETED] Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: May 17, 2023 Enacted: June 7, 2023 Effective: July 7, 2023 Page 25 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: May 4, 2023 SUBJECT: Ordinance 3355-2023 - Parking Ordinance 3321-2022 (Substitute) amended the City’s on street parking prohibitions to allow greater flexibility in regulating on street parking. These changes necessitate a change to the City’s Minor Offense Fine Schedule to enable successful prosecution of violations of on street parking prohibitions. This is primarily a house keeping change that does not result in any change to the fine amounts. The applicable changes are in sections 49 and 51 of the fine schedule, amending the reference in section 49 and removing the reference in section 51 to correspond with the previous changes in code. Your consideration is appreciated. Page 26 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3356-2023 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE TITLE 23—PERSONNEL REGULATIONS TO ADDRESS RECRUITMENT AND RETENTION OF EMPLOYEES AND MAKE HOUSEKEEPING CHANGES. WHEREAS, pursuant to KMC 23.15.010, the City Manager prepares and recommend revisions and amendments to the personnel regulations as deemed necessary; and, WHEREAS, Administration worked with an internal working group to address ongoing recruitment and retention challenges in order to improve recruitment, retention, and reduce turnover and make minor amendments to reflect current practices or improve consistency; and, WHEREAS, the City and other comparable government employers have experienced workforce challenges in recent years which have made additional efforts necessary to recruit and retain qualified employees to meet the needs and expectations of the community; and, WHEREAS, the City Manager’s recommended amendments to the Kenai Municipal Code to improve recruitment and retention of employees are in the best interests of the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 23.05.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.05.010—Employment—Qualifications, is hereby amended as follows: 23.05.010 Employment—Qualifications. Employment [IN]with the City [GOVERNMENT SHALL BE]is based on qualifications, free of personal and political considerations, with equal opportunity for all with no discrimination [IN EMPLOYMENT] on the basis of race, color, religion, sex, sexual orientation, national origin, age, disability, marital status, changes in marital status, pregnancy, parenthood, [OR] genetic information, or any other basis protected by law. [IT IS A POLICY OF T] The City [TO NOT DISCRIMINATE AGAINST THE] will provide reasonable accommodation to qualified [DISABLED]individuals with disabilities in [EMPLOYMENT]accordance with the Americans with Disabilities Act. Section 2. Amendment of Section 23.05.020 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.05.020—Incentives and conditions, is hereby amended as follows: 23.05.020 Incentives and [C]Conditions. (a) The City recognizes the benefit of [J]just and equitable incentives and conditions of employment, including monetary incentives, and non-monetary recognition to recruit and retain qualified employees. All incentives and conditions of employment [SHALL BE] must be established and maintained to promote efficiency and economy in the operations of the City government. (b) An Employee Referral Program to encourage employees to refer qualified candidates to positions open for recruitment may be established by the City Manager. Employees may be eligible to receive up to one (1) day of annual leave upon initial appointment of a classified or department head service employee referred by the employee. Page 27 Ordinance No. 3356-2023 Page 2 of 7 New Text Underlined; [DELETED TEXT BRACKETED] Section 3. Amendment of Section 23.15.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.15.010—Administration by City Manager, is hereby amended as follows: 23.15.010 Administration by City Manager. The City Manager has the overall authority and responsibility for the personnel program established by this title. [SHALL BE ADMINISTERED BY THE CITY MANAGER. HE OR SHE SHALL ADMINISTER ALL PROVISIONS OF THIS TITLE AND OF THE PERSONNEL RULES. HE OR SHE SHALL] The City Manager will prepare and recommend revisions and amendments to this title as deemed necessary. The City Manager or designee [SHALL]will draft and administer [SUCH] rules and procedures as may be necessary to carry out the provisions of this title. Such rules and procedures [SHALL]must be approved by the City Manager and be uniform in application except as specifically stated. [ADDITIONALLY, EACH DEPARTMENT OF THE CITY IS ENCOURAGED TO ESTABLISH DEPARTMENTAL RULES, REGULATIONS, AND PROCEDURES SUBJECT TO THE APPROVAL OF THE CITY MANAGER. SUCH RULES, REGULATIONS, AND PROCEDURES SHALL BE IN HARMONY WITH THE GENERAL RULES OF THE CITY MANAGER AND PROVISIONS OF THIS TITLE AND SHALL BE BINDING ON THE EMPLOYEES.] Section 4. Amendment of Section 23.20.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.20.010—Initial classification, is hereby amended as follows: 23.20.010 Initial [C]Classification. The City Manager [SHALL MAKE ANALYSIS OF]or designee will analyze the duties and responsibilities of all positions in the classified service and department head service and [SHALL] recommend to the Council a job classification plan. Each position in the classified service and department head service [SHALL] must be assigned to a job class on the basis of the kind and level of its duties and responsibilities. All positions in the same class [SHALL] must be sufficiently alike to make use of a single descriptive title [, THE SAME QUALIFICATION REQUIREMENTS, THE SAME TEST OF COMPETENCE, AND THE SAME AND PAY SCALE]. A job class may contain one (1) position or more than one (1) position. The classification plan [SHALL BE]is effective upon enactment by City Council of the ordinance adopting a budget for the following fiscal year or by resolution. Section 5. Amendment of Section 23.25.040 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.25.040—Appointee compensation—Classified service, is hereby renamed and amended as follows: 23.25.040 [APPOINTEE]Initial [C]Compensation[—CLASSIFIED SERVICE]. (a) Upon initial appointment to a position, [THE] employees in the classified service [SHALL]and department head service will receive the minimum compensation for the class to which the position is allocated, except as provided below. [(B)](1) In cases when unusual difficulty in filling the vacancy is experienced, [OR] when the appointee is exceptionally qualified, or when the appointee has comparable experience to the higher step or range, the City Manager may [CAUSE THE APPOINTMENT FOR EMPLOYEES IN THE CLASSIFIED SERVICE TO BE MADE AT A]approve compensation [LEVEL] above the minimum, but not more than [LEVEL D FOR THE SAME CLASS]the maximum, of the pay range for the class to which the position is allocated. ([C]b) For recruitment of police officers who have successfully completed a police academy recognized by the Alaska Police Standards Council, the City Manager may offer additional compensation in the form of a signing bonus up to twenty thousand dollars ($20,000.00) to a police officer certified in accordance with the State of Alaska Certification Standards. The signing bonus must be paid according to a plan approved by the City Manager. Page 28 Ordinance No. 3356-2023 Page 3 of 7 New Text Underlined; [DELETED TEXT BRACKETED] (c) For recruitment of positions in which it has been determined that the position is likely to be difficult to fill in the absence of an incentive, the City Manager may offer additional compensation in the form of a recruitment incentive bonus up to ten percent (10%) of the minimum compensation for the class to which the position is allocated. The incentive must be paid according to a plan approved by the City Manager. Section 6. Repeal of Section 23.25.045 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.25.045—Department heads, is hereby repealed as follows: [23.25.045 DEPARTMENT HEADS. (A) UPON INITIAL APPOINTMENT TO A POSITION, EMPLOYEES IN THE DEPARTMENT HEAD SERVICE SHALL RECEIVE THE MINIMUM COMPENSATION FOR THE CLASS TO WHICH THE POSITION IS ALLOCATED, EXCEPT AS PROVIDED BELOW. (B) IN CASES WHEN UNUSUAL DIFFICULTY IN FILLING THE VACANCY IS EXPERIENCED, OR WHEN THE APPOINTEE IS EXCEPTIONALLY QUALIFIED, THE CITY MANAGER MAY CAUSE THE APPOINTMENT FOR EMPLOYEES IN THE DEPARTMENT HEAD SERVICE TO BE MADE AT A COMPENSATION LEVEL ABOVE THE MINIMUM, BUT NOT MORE THAN THE MAXIMUM FOR THE SAME CLASS.] Section 7. Amendment of Section 23.30.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.30.010—General, is hereby amended as follows: 23.30.010 General. (a) The City Manager or designee is the [R]recruitment and appointing authority [SHALL BE VESTED IN THE CITY MANAGER]. (b) Applicants must be [UNITED STATES CITIZENS OR] eligible for employment under existing state and federal laws and regulations in order to be employed by the City. [(C) APPLICANTS FOR POSITIONS IN THE CLASSIFIED AND DEPARTMENT HEAD SERVICE NEED NOT RESIDE WITHIN THE CITY LIMITS. DEPARTMENTAL RULES SHALL ESTABLISH RESPONSE TIMES REQUIRED BY THAT DEPARTMENT. (D) MINIMUM AGE FOR CITY EMPLOYMENT SHALL BE IN ACCORDANCE WITH STATE OF ALASKA LAWS.] ([E]c) Employment of qualified individuals with a disability [SHALL BE]is encouraged. [(F) EMPLOYMENT RIGHTS FOR VETERANS SHALL BE IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS. (G) APPLICANTS MUST POSSESS AN APPROPRIATE VALID ALASKA STATE DRIVER’S LICENSE, SHOULD EMPLOYMENT REQUIRE OPERATION OF A MOTOR VEHICLE. (H)](d) Applicants must complete a City application form or submit a resume of sufficient detail to equate to a City form. Section 8. Amendment of Section 23.30.050 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.30.050—Business hours and hours of work, is hereby renamed and amended as follows: 23.30.050 [BUSINESS] Normal [HOURS AND H] Hours of [W]Work. (a) The normal hours [DURING WHICH CITY OFFICES AND DEPARTMENTS SHALL NORMALLY BE OPEN FOR BUSINESS SHALL BE 8:00 A.M. TO 5:00 P.M.; POLICE AND FIRE SHALL BE OPEN FOR BUSINESS TWENTY-FOUR (24) HOURS A DAY. THE LIBRARY, SENIOR CENTER, PUBLIC WORKS AND ANIMAL CONTROL OPERATIONS SHALL BE OPEN FOR BUSINESS] of work for employees are established by the City Manager and may be adjusted to Page 29 Ordinance No. 3356-2023 Page 4 of 7 New Text Underlined; [DELETED TEXT BRACKETED] allow for alternate or flexible work schedules or locations upon the recommendation of the department head and [AS AUTHORIZED] approval by the City Manager. (b) Public safety employees, not including administrators, normal work week is: (1) Police and Communications—four (4) shifts per week, two thousand eighty (2,080) hours annually. W hen working shift, the first and third days off [SHALL]will be treated as Saturdays, and the middle day off (the second day) [SHALL]will be treated as a Sunday for purposes of paying overtime; (2) Employees performing fire protection activities as defined by the Fair Labor Standards Act (FLSA) may work any FLSA approved “7(k) Work Period” approved by the City Manager. (c) All other full-time employees normal work week is forty (40) hours, two thousand eighty (2,080) hours annually. Standard work day is midnight to midnight succeeding. Standard work week is midnight Sunday to midnight Sunday succeeding. [OPERATING HOURS MAY BE ADJUSTED ON TIMELY NOTICE.] Section 9. Amendment of Section 23.40.020 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.020—Holidays, is hereby amended as follows: 23.40.020 Holidays. (a) Employees [SHALL BE] are entitled to the holidays listed below with pay. Full-time employees [SHALL] will receive regular compensation; part-time employees [SHALL] will be compensated in proportion to the number of hours they are normally scheduled to work. (1) New Year’s Day (2) Washington’s Birthday (the third Monday in February) (3) Memorial Day (the last Monday in May) (4) Independence Day (5) Labor Day (6) Alaska Day (7) Veterans Day (8) Thanksgiving Day (9) Day after Thanksgiving (10) Christmas Day (11) A floating holiday [SUBJECT TO INDIVIDUAL CHOICE OF EACH EMPLOYEE WITH FIVE (5) WORKING DAYS’ NOTICE TO, AND] to be used as leave on a day of the employee’s choice, subject to the approval of [, HIS OR HER] the employee’s immediate supervisor. (12) A half-day holiday on either Christmas Eve or New Years’ Eve at the employee’s choice to be used as leave, subject to approval of the employee’s immediate supervisor. (b) If any such holiday falls on a Sunday, the following Monday [SHALL]will be given as a holiday. If such holiday falls on a Saturday, the preceding Friday [SHALL]will be given as a holiday. (c) Public Safety employees who normally work holidays [SHALL]will receive a payment for authorized holidays at one and one-half (1 1/2) times their normal hourly pay as follows: Fire (7(k) work period): 11.2 hours pay per holiday. Police, Communications, and Fire (forty (40) hour week): eight (8) hours pay per holiday. Holidays which occur during annual leave [SHALL]will be charged against such leave. Page 30 Ordinance No. 3356-2023 Page 5 of 7 New Text Underlined; [DELETED TEXT BRACKETED] Section 10. Amendment of Section 23.40.030 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.030—Annual leave, is hereby amended as follows: 23.40.030 Annual [L]Leave. (a) Annual leave is combined vacation and sick leave. (b) Accrual Rate. (1) Full-time employees except certain Fire Department employees: 7.3846 hours bi-weekly—first two (2) years of service. 8.3077 hours bi-weekly—three (3) through five (5) years of service. 9.2308 hours bi-weekly—six (6) through ten (10) years of service. 10.1538 hours bi-weekly—more than ten (10) years of service. (2) Fire (7(k) work period): 10.3385 hours bi-weekly—first two (2) years of service. 11.6308 hours bi-weekly—three (3) through five (5) years of service. 12.9231 hours bi-weekly—six (6) through ten (10) years of service. 14.2154 hours bi-weekly—more than ten (10) years of service. (3) In cases in which a former City employee is selected for appointment, the City Manager may approve an accrual rate based on the years of service formerly earned by the employee. (c) Annual leave is charged on an hour-for-hour basis; i.e., normal work day of eight (8) hours would be charged at eight (8) hours annual leave; twelve (12) hour work day, twelve (12) hours annual leave; ten (10) hour work day, ten (10) hours annual leave; twenty-four (24) hour work day, twenty- four (24) hours annual leave. (d) Leave continues to accrue during the period of time an employee is on paid leave except during periods of terminal leave (leave time after which the employee does not intend to return to work). Leave does not accrue during periods of leave without pay. (e) Accrued and unused leave may be carried over from one (1) year to the next for the purpose of accumulating an annual leave account or reserve. The maximum leave hours that may be accrued are six hundred forty (640) hours for classified, unclassified, and department head service employees, and eight hundred ninety-six (896) hours for Fire Department employees working a 7(k) work period. (f) Annual leave may be used for any purpose desired by the employee. Incidental absences for sickness as unplanned are not controllable. However, planned absences must be coordinated with and approved by the appropriate department head. (g) It is required that each employee use a minimum of eighty (80) hours of leave per calendar year for employees working forty (40) hours per week, and one hundred twelve (112) hours for employees working a 7(k) work period, and affect appropriate coordination with the department head. If actual hours used are less than the minimum requirement, then the difference [SHALL]will be deducted from available leave hours without any compensation to the employee. Employees are not required to meet mandatory leave requirements their first year of service. (h) Excess leave above the amount authorized for accrual (subsections (a) through (e) of this section) existing on December 31st [SHALL]will automatically be paid at the then existing rate for the individual employee. (i) Department heads [SHALL]will schedule vacations for their respective employees with due consideration for the desires of the employees and the work requirements facing the department. Vacation schedules may be amended to allow the department to meet emergency situations. Page 31 Ordinance No. 3356-2023 Page 6 of 7 New Text Underlined; [DELETED TEXT BRACKETED] (j) In the event of significant illness or injury not covered by workers’ compensation, or absence due to training or education, an employee on exhausting annual leave may, with the approval of the City Manager or designee, borrow up to a six (6) month entitlement (i.e., thirteen (13) x 7.3846 hours) to avoid a no-pay status. Accrued annual leave will be charged to repay borrowed leave and must be repaid before annual leave may be used. In the event the person’s employment with the City ends prior to the borrowed leave being repaid, the employee must reimburse the City for the value of any leave not repaid. The City may deduct the value of any leave not repaid from the employee’s final paycheck. (k) Part-time employees working fifteen (15) hours a week or more [SHALL]will accrue at the same rate as a full-time employee except on a proportional basis as to hours. (l) Employees considered to be exempt from the provisions of the Fair Labor Standards Act [SHALL HAVE] are charged annual leave [CHARGED] on [AN EIGHT (8) HOUR/ WHOLE] a full-day basis. A full day is considered to be the normal hours worked in a day for a position as established by the City Manager. If any such employee [IS PRESENT FOR] works during any portion of a normal work day, that employee [SHALL NOT BE]is not charged annual leave for that day. [CONVERSELY, I] If any such employee [IS ABSENT FROM HER OR HIS NORMAL PLACE OF] does not work [FOR] within a [N ENTIRE] normal day [(EXCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS)] that employee will be charged [EIGHT (8) HOURS OF] a full day of annual leave for that day, unless the City Manager or designee has approved a substitute work day. Section 11. Amendment of Section 23.40.050 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.050—Leave of absence without pay, is hereby amended as follows: 23.40.050 Leave of [A]Absence [W]Without [P]Pay. (a) Leave without pay may be granted to an employee upon recommendation of the department head and approval of the City manager or designee for up to one hundred eighty (180) days. Each request for such leave [SHALL]will be considered in the light of the reasons for the request and of the needs of the organization. Leave of absence without pay is not authorized or permitted for other employment. Leave without pay [SHALL]may not be requested nor granted until such time as all accrued annual leave has been exhausted, except when an employee is absent and drawing workers’ compensation pay[,] or a new employee has been granted approval for leave by the City Manager or designee prior to employment. (b) If an employee uses more than thirty (30) days total leave without pay during [HIS OR HER] the employee’s leave year, [HIS OR HER] the employee’s merit anniversary and length of service dates [SHALL]will be advanced on the calendar as follows: The number of days the leave without pay exceeds thirty (30) days are added to the anniversary date to arrive at an extended anniversary date. A new anniversary date is then established on the first day of the month closest to the extended anniversary date. (c) During a period of leave without pay, the employee’s benefits [SHALL]may be in abeyance. Cost of maintenance of health and related benefits will be at the personal expense of the employee and must be prepaid via the City to insure continued coverage. Section 12. Amendment of Section 23.40.060 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.060—Leave of absence with pay, paragraph 4, is hereby amended as follows: 23.40.060 Leave of [A]Absence with [p]Pay. (4) Death in the Immediate Family. Leave of absence with pay is provided to assist an employee who must be absent from work as a result of a death in the immediate family. [THE EMPLOYEE’S ABSENCE WOULD BE FOR FUNERAL ATTENDANCE, OR TO HANDLE MATTERS ARISING DUE TO THE DEATH OF AN IMMEDIATE FAMILY MEMBER, THAT CANNOT PRACTICABLY BE TAKEN CARE OF OUTSIDE OF REGULAR BUSINESS HOURS. UPON THE CITY MANAGER’S APPROVAL,] Immediate family means a parent, spouse, child, grandparent, Page 32 Ordinance No. 3356-2023 Page 7 of 7 New Text Underlined; [DELETED TEXT BRACKETED] grandchild, sibling, and in-law and step-relation equivalents. Employees [SHALL BE] are entitled to [THE FOLLOWING LEAVE, WHICH WILL NOT DIRECTLY AFFECT THEIR PERSONAL LEAVE ACCOUNT: THREE (3)] five (5) working days, up to [TWENTY-FOUR (24)] forty (40) hours maximum and up to forty-eight (48) hours for employees engaged in fire protection activities who work an average of fifty-six (56) hours per week. Time taken for this reason will not affect the employee’s annual leave accrual. Section 13. Amendment of Section 23.40.095 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.095—Supplemental retirement, is hereby amended as follows: 23.40.095 Supplemental [R]Retirement. All employees with six (6) months of service regularly scheduled to work fifteen (15) hours or more per week [SHALL BE] are eligible to participate in a supplemental retirement program to be selected by the City Manager. The City’s contribution on behalf of each eligible employee [SHALL]will be [FOUR]six and two tenths percent ([4]6.2%) of the first thirty-seven thousand five hundred dollars ($37,500.00) of base wages earned in a calendar year for the first five (5) years of service and of the first fifty thousand dollars ($50,000.00) of base wages earned in a calendar year for six (6) through ten (10) years of service and of the first sixty-two thousand five hundred dollars ($62,500.00) of base wages earned in a calendar year for eleven (11) through fifteen (15) years of service and of the first seventy five thousand dollars ($75,000.00) of base wages earned in a calendar year for more than fifteen (15) years of service. The contribution [SHALL]will not apply to additional compensation to employees, such as overtime pay, holiday pay, and qualification pay. Section 14. 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 15. 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 7TH DAY OF JUNE, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: May 17, 2023 Enacted: June 7, 2023 Effective: July 7, 2023 Page 33 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Christine Cunningham, Acting Human Resources Director DATE: May 9, 2023 SUBJECT: Ordinance 3356-2023 Amending Kenai Municipal Code Title 23 Personnel Regulations to Address Recruitment and Retention The purpose of this memo is to recommend amendments to Kenai Municipal Code Title 23 – Personnel Regulations to address recruitment and retention of employees as provided in Ordinance 3356-5023. In September, 2022, Administration formed an internal working group to undertake a comprehensive review of the City’s personnel practices and processes in light of the changing workforce composition, current economic conditions and trends, and the City’s competitiveness to recruit and retain qualified employees to provide City services. The working group is comprised of the following City employees: 1. City Manager Terry Eubank 2. Assistant to City Manager Christine Cunningham 3. Human Resources Director Stephanie Randall 4. Police Chief Dave Ross 5. Fire Chief Tony Prior 6. Library Director Katja Wolfe 7. Controller Lana Metcalf The group presented its recommendations to Council at a Work Session on May 16. Those recommendations included the following strategies: Offer Recruitment Incentives for Difficult-to-Fill Positions Allows the City to offer a one-time hiring bonus payment to new employees for difficult-to- fill positions. Not all jobs would qualify as "difficult to fill." An example of a difficult-to-fill position would be one with a failed recruitment, a history of failed recruitments, or a position that has been vacant for a long time despite efforts to fill the position. Allow Greater Flexibility for Entry-Level Positions Facilitates a larger applicant pool by allowing the City to hire a new employee at a lower level (Level I) with a plan to achieve a higher level (Level II) while the employee is on the Page 34 Page 2 of 12 job. Not all positions would qualify, and departments would need to work with Human Resources to approve a flexibly staffed position. Allow for Setting Higher Initial Compensation Allows the City to offer a higher level of compensation than the minimum level currently set in City Code for a new employee. For this to occur, the open position must be considered "difficult to fill," or an applicant must be highly qualified for the position or have comparable experience to the level offered by the City. Provide Returning Employees Credit for Prior Years of Service Toward Leave Accrual Allows the City to give an employee who returns to the City credit for their years of prior service with the City when setting their initial leave accrual. If a current employee has prior years of service with the City, they would receive credit for their service and their leave accrual would be adjusted. Allow Flexible Scheduling for Exempt Employees Allows employees who are not eligible for overtime to substitute a day of leave for a day worked on a weekend with pre-approval by the City Manager. Expand Leave of Absence with Pay for a Death in the Immediate Family Increases the amount of leave employees are eligible to receive when they experience a death in their immediate family from up to 24 hours to up to 40 hours (up to 48 hours for employees engaged in fire protection activities who work 56 hours per week). It would also expand the current list of family members, which includes parent, spouse, children, sibling, and parent-in-law to add grandparents, grandchildren, and in-law and step-equivalents. Establish an Employee Referral Program Creates a new Employee Referral Program to help the City find applicants for open positions by giving current employees a day off with pay if they refer someone to apply for an open job and the City then hires the person referred. This program would not apply to temporary positions and would be administered by the Human Resources department as a cost-effective way for the City to encourage employees to refer qualified applicants who might not otherwise be seeking employment, incentivizes employees to share job postings and promote the City. Establish a Limited Remote Work Program Allows employees to work remotely for up to two weeks if the employee's position is suitable for off-site work subject to approval of the immediate supervisor and Department Head. Eligibility will be limited for some positions (for example, some employees may only be eligible to complete mandatory training off-site). A remote work agreement would need to be approved through Human Resources. Establish Employee Educational Program This program, currently in City Code but not funded, would set aside $5,000 for an employee education program to provide educational assistance. Employees would need to apply for the program, which would be administered by the Human Resources Department. Page 35 Page 3 of 12 Add a Half-Holiday to the List of City Holidays Adds a half-holiday to the City's current list of holidays and allows all employees entitled to holidays to take a half-day on Christmas Eve or New Year's Eve at the employee’s choice, subject to the approval of the immediate supervisor. Public safety employees will be compensated for the additional half-holiday on Christmas Eve, consistent with other City holidays. Increase Supplemental Retirement Contribution Increases the City's contribution to supplemental retirement for employees who work 15 or more hours a week from 4% of the first $37,500 base wages to 6.2% of the first $37,500 base wages. The base wages would increase to $75,000 according to a schedule based on the employee's years of service to promote longevity and retention. Postpone Increase to Employee Cost Share for Health Insurance Benefits Over the past several years, the City has continued to increase the employee cost share for health insurance. This proposal would postpone the 1% increase (from 13% to 14%) scheduled for July 1, 2023. Employees participating in health insurance benefits would not see a cost increase this year if approved. Nonmonetary Changes In addition to the above proposals, the working group explored a variety of new methods to recruit and retain employees and will continue to evaluate current personnel practices, including streamlining the application and hiring process, attending job fairs and connecting with community resources, creating a total compensation annual report for employees, additional training opportunities related to retirement and benefits, and continuing to re-evaluate minimum requirements in positions to ensure the education and experience requirements do not unnecessarily reduce the number of qualified applicants. Below is a summary of recommended amendments to the personnel regulations that relate to the above strategies to address ongoing recruitment and retention challenges to improve recruitment, retention, and reduce turnover and make minor amendments to reflect current practices or for consistency with the style generally followed in Kenai Municipal Code. City Attorney Scott Bloom has reviewed the following amendments and sectional analysis (in red): Section 1. Amendment of Section 23.05.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.05.010—Employment—Qualifications is hereby amended as follows: 23.05.010 Employment—Qualifications. Employment [IN]with the City [GOVERNMENT SHALL BE]is based on qualifications, free of personal and political considerations, with equal opportunity for all with no discrimination [IN EMPLOYMENT] on the basis of race, color, religion, sex, sexual orientation, national origin, age, disability, marital status, changes in marital status, pregnancy, parenthood, [OR] genetic information, or any other basis protected by law. [IT IS A POLICY OF T] The City [TO NOT DISCRIMINATE AGAINST THE] will provide reasonable accommodation to qualified [DISABLED]individuals with disabilities in [EMPLOYMENT]accordance with the Americans with Disabilities Act. Page 36 Page 4 of 12 This amendment changes language to follow the Americans with Disabilities Act (ADA) guidelines for referring to individuals with disabilities, adds language to ensure compliance with equal employment opportunity laws (e.g., amendments, specific characteristics, retaliation), and makes minor changes consistent with the style generally followed in Code. Section 2. Amendment of Section 23.05.020 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.05.020—Incentives and conditions is hereby amended as follows: 23.05.020 Incentives and [C]Conditions. (a) The City recognizes the benefit of [J]just and equitable incentives and conditions of employment, including monetary incentives, and non-monetary recognition to recruit and retain qualified employees. All incentives and conditions of employment [SHALL BE] must be established and maintained to promote efficiency and economy in the operations of the City government. (b) An Employee Referral Program to encourage employees to refer qualified candidates to positions open for recruitment may be established by the City Manager. Employees may be eligible to receive up to one (1) day of annual leave upon initial appointment of a classified or department head service employee referred by the employee. This amendment changes language to clarify that the City offers monetary and non-monetary recognition incentives (e.g., service awards) and recruitment incentives, authorizes the City Manager to establish an Employee Referral Program, and makes minor changes consistent with the style generally followed in Code. Section 3. Amendment of Section 23.15.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.15.010—Administration by City Manager is hereby amended as follows: 23.15.010 Administration by City Manager. The City Manager has the overall authority and responsibility for the personnel program established by this title. [SHALL BE ADMINISTERED BY THE CITY MANAGER. HE OR SHE SHALL ADMINISTER ALL PROVISIONS OF THIS TITLE AND OF THE PERSONNEL RULES. HE OR SHE SHALL] The City Manager will prepare and recommend revisions and amendments to this title as deemed necessary. The City Manager or designee [SHALL]will draft and administer [SUCH] rules and procedures as may be necessary to carry out the provisions of this title. Such rules and procedures [SHALL]must be approved by the City Manager and be uniform in application except as specifically stated. [ADDITIONALLY, EACH DEPARTMENT OF THE CITY IS ENCOURAGED TO ESTABLISH DEPARTMENTAL RULES, REGULATIONS, AND PROCEDURES SUBJECT TO THE APPROVAL OF THE CITY MANAGER. SUCH RULES, REGULATIONS, AND PROCEDURES SHALL BE IN HARMONY WITH THE GENERAL RULES OF THE CITY MANAGER AND PROVISIONS OF THIS TITLE AND SHALL BE BINDING ON THE EMPLOYEES.] This amendment changes language to allow the City Manager to designate responsibility for drafting and administering personnel rules and procedures, makes minor changes consistent with the style generally followed in Code, and removes language that no longer reflects current Page 37 Page 5 of 12 practice. For example, department rules and procedures related to personnel are currently coordinated with and reviewed by Human Resources in coordination with the Legal Department. Section 4. Amendment of Section 23.20.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.20.010—Initial classification is hereby amended as follows: 23.20.010 Initial [C]Classification. The City Manager [SHALL MAKE ANALYSIS OF]or designee will analyze the duties and responsibilities of all positions in the classified service and department head service and [SHALL] recommend to the Council a job classification plan. Each position in the classified service and department head service [SHALL] must be assigned to a job class on the basis of the kind and level of its duties and responsibilities. All positions in the same class [SHALL] must be sufficiently alike to make use of a single descriptive title [, THE SAME QUALIFICATION REQUIREMENTS, THE SAME TEST OF COMPETENCE, AND THE SAME AND PAY SCALE]. A job class may contain one (1) position or more than one (1) position. The classification plan [SHALL BE]is effective upon enactment by City Council of the ordinance adopting a budget for the following fiscal year or by resolution. This amendment changes language to allow the City Manager to designate responsibility for analyzing the essential duties and responsibilities for positions and job classes, removes language that would prevent flexible staffing at a lower and higher level for entry-level positions, which may have different qualifications and a different range in the salary schedule for each level, and makes minor changes consistent with the style generally followed in Code. Section 5. Amendment of Section 23.25.040 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.25.040—Appointee compensation—Classified service, is hereby renamed and amended as follows: 23.25.040 [APPOINTEE]Initial [C]Compensation[—CLASSIFIED SERVICE]. (a) Upon initial appointment to a position, [THE] employees in the classified service [SHALL]and department head service will receive the minimum compensation for the class to which the position is allocated, except as provided below. [(B)](1) In cases when unusual difficulty in filling the vacancy is experienced, [OR] when the appointee is exceptionally qualified, or when the appointee has comparable experience to the higher step or range, the City Manager may [CAUSE THE APPOINTMENT FOR EMPLOYEES IN THE CLASSIFIED SERVICE TO BE MADE AT A]approve compensation [LEVEL] above the minimum, but not more than [LEVEL D FOR THE SAME CLASS]the maximum, of the pay range for the class to which the position is allocated. ([C]b) For recruitment of police officers who have successfully completed a police academy recognized by the Alaska Police Standards Council, the City Manager may offer additional compensation in the form of a signing bonus up to twenty thousand dollars ($20,000.00) to a police officer certified in accordance with the State of Alaska Certification Standards. The signing bonus must be paid according to a plan approved by the City Manager. Page 38 Page 6 of 12 (c) For recruitment of positions in which it has been determined that the position is likely to be difficult to fill in the absence of an incentive, the City Manager may offer additional compensation in the form of a recruitment incentive bonus up to ten percent (10%) of the minimum compensation for the class to which the position is allocated. The incentive must be paid according to a plan approved by the City Manager. This amendment changes language to address initial compensation for both the classified and department head service employees and makes minor changes consistent with the style generally followed in Code. The amendment to paragraph (a) adds language to authorize the City Manager to offer a level of compensation above the minimum for positions when the appointee has experience comparable to a higher step or range or when a former City employee is hired to the same position the employee previously held, making the employee eligible to return to the step the employee was at when the employee left the City or higher. The amendment to paragraph (c) adds language to allow the City Manager to offer a recruitment bonus of up to 10% of the minimum compensation for the class to which the position is allocated when it has been determined that the position is likely to be difficult to fill in the absence of an incentive. Section 6. Repeal of Section 23.25.045 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.25.045—Department heads is hereby repealed as follows: [23.25.045 DEPARTMENT HEADS. (A) UPON INITIAL APPOINTMENT TO A POSITION, EMPLOYEES IN THE DEPARTMENT HEAD SERVICE SHALL RECEIVE THE MINIMUM COMPENSATION FOR THE CLASS TO WHICH THE POSITION IS ALLOCATED, EXCEPT AS PROVIDED BELOW. (B) IN CASES WHEN UNUSUAL DIFFICULTY IN FILLING THE VACANCY IS EXPERIENCED, OR WHEN THE APPOINTEE IS EXCEPTIONALLY QUALIFIED, THE CITY MANAGER MAY CAUSE THE APPOINTMENT FOR EMPLOYEES IN THE DEPARTMENT HEAD SERVICE TO BE MADE AT A COMPENSATION LEVEL ABOVE THE MINIMUM, BUT NOT MORE THAN THE MAXIMUM FOR THE SAME CLASS.] This section is incorporated into the amendment to the above section of the Code and is no longer necessary as initial compensation for both the classified and department head service employees is included in the amendment to section 23.25.040. Section 7. Amendment of Section 23.30.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.30.010—General is hereby amended as follows: 23.30.010 General. (a) The City Manager or designee is the [R]recruitment and appointing authority [SHALL BE VESTED IN THE CITY MANAGER]. (b) Applicants must be [UNITED STATES CITIZENS OR] eligible for employment under existing state and federal laws and regulations in order to be employed by the City. [(C) APPLICANTS FOR POSITIONS IN THE CLASSIFIED AND DEPARTMENT HEAD SERVICE NEED NOT RESIDE WITHIN THE CITY LIMITS. DEPARTMENTAL RULES SHALL ESTABLISH RESPONSE TIMES REQUIRED BY THAT DEPARTMENT. Page 39 Page 7 of 12 (D) MINIMUM AGE FOR CITY EMPLOYMENT SHALL BE IN ACCORDANCE WITH STATE OF ALASKA LAWS.] ([E]c) Employment of qualified individuals with a disability [SHALL BE]is encouraged. [(F) EMPLOYMENT RIGHTS FOR VETERANS SHALL BE IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS. (G) APPLICANTS MUST POSSESS AN APPROPRIATE VALID ALASKA STATE DRIVER’S LICENSE, SHOULD EMPLOYMENT REQUIRE OPERATION OF A MOTOR VEHICLE. (H)](d) Applicants must complete a City application form or submit a resume of sufficient detail to equate to a City form. This amendment changes language to allow the City Manager to designate recruitment and appointing authority to streamline the application and hiring process for routine positions, removes paragraphs that are covered by the language included in paragraph (b) referencing “existing state and federal laws and regulations,” and makes minor changes consistent with the style generally followed in Code. Section 8. Amendment of Section 23.30.050 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.30.050—Business hours and hours of work, is hereby renamed and amended as follows: 23.30.050 [BUSINESS] Normal [HOURS AND H] Hours of [W]Work. (a) The normal hours [DURING WHICH CITY OFFICES AND DEPARTMENTS SHALL NORMALLY BE OPEN FOR BUSINESS SHALL BE 8:00 A.M. TO 5:00 P.M.; POLICE AND FIRE SHALL BE OPEN FOR BUSINESS TWENTY-FOUR (24) HOURS A DAY. THE LIBRARY, SENIOR CENTER, PUBLIC WORKS AND ANIMAL CONTROL OPERATIONS SHALL BE OPEN FOR BUSINESS] of work for employees are established by the City Manager and may be adjusted to allow for alternate or flexible work schedules or locations upon the recommendation of the department head and [AS AUTHORIZED] approval by the City Manager. (b) Public safety employees, not including administrators, normal work week is: (1) Police and Communications—four (4) shifts per week, two thousand eighty (2,080) hours annually. When working shift, the first and third days off [SHALL]will be treated as Saturdays, and the middle day off (the second day) [SHALL]will be treated as a Sunday for purposes of paying overtime; (2) Employees performing fire protection activities as defined by the Fair Labor Standards Act (FLSA) may work any FLSA approved “7(k) Work Period” approved by the City Manager. (c) All other full-time employees normal work week is forty (40) hours, two thousand eighty (2,080) hours annually. Standard work day is midnight to midnight succeeding. Standard work week is midnight Sunday to midnight Sunday succeeding. [OPERATING HOURS MAY BE ADJUSTED ON TIMELY NOTICE.] This amendment changes the section title to clarify this section relates to normal hours of work. The amendment to paragraph (a) changes language to allow the City Manager to approve Page 40 Page 8 of 12 employees to work alternate or flexible work schedules outside of 8:00 a.m. to 5:00 p.m. for all City departments. This amendment would also allow the City Manager to approve work at alternate work sites, including off-site work. The amendment to paragraph (b) makes changes to active voice in the manner generally followed in the Code. The amendment to paragraph (c) adds language to clarify that full-time employees work a 40-hour work week and removes language covered by the amendment to paragraph (a). Section 9. Amendment of Section 23.40.020 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.020—Holidays is hereby amended as follows: 23.40.020 Holidays. (a) Employees [SHALL BE] are entitled to the holidays listed below with pay. Full-time employees [SHALL] will receive regular compensation; part-time employees [SHALL] will be compensated in proportion to the number of hours they are normally scheduled to work. (1) New Year’s Day (2) Washington’s Birthday (the third Monday in February) (3) Memorial Day (the last Monday in May) (4) Independence Day (5) Labor Day (6) Alaska Day (7) Veterans Day (8) Thanksgiving Day (9) Day after Thanksgiving (10) Christmas Day (11) A floating holiday [SUBJECT TO INDIVIDUAL CHOICE OF EACH EMPLOYEE WITH FIVE (5) WORKING DAYS’ NOTICE TO, AND] to be used as leave on a day of the employee’s choice, subject to the approval of [, HIS OR HER] the employee’s immediate supervisor. (12) A half-day holiday on either Christmas Eve or New Years’ Eve at the employee’s choice to be used as leave, subject to approval of the employee’s immediate supervisor. (b) If any such holiday falls on a Sunday, the following Monday [SHALL]will be given as a holiday. If such holiday falls on a Saturday, the preceding Friday [SHALL]will be given as a holiday. (c) Public Safety employees who normally work holidays [SHALL]will receive a payment for authorized holidays at one and one-half (1 1/2) times their normal hourly pay as follows: Fire (7(k) work period): 11.2 hours pay per holiday. Police, Communications, and Fire (forty (40) hour week): eight (8) hours pay per holiday. Page 41 Page 9 of 12 Holidays which occur during annual leave [SHALL]will be charged against such leave. This amendment changes language to bring the Code current with City practice related to how the floating holiday is administered, adds a half-day holiday on Christmas Eve or New Year’s Eve, and makes minor changes consistent with the style generally followed in Code. Section 10. Amendment of Section 23.40.030 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.030—Annual leave is hereby amended as follows: 23.40.030 Annual [L]Leave. (a) Annual leave is combined vacation and sick leave. (b) Accrual Rate. (1) Full-time employees except certain Fire Department employees: 7.3846 hours bi-weekly—first two (2) years of service. 8.3077 hours bi-weekly—three (3) through five (5) years of service. 9.2308 hours bi-weekly—six (6) through ten (10) years of service. 10.1538 hours bi-weekly—more than ten (10) years of service. (2) Fire (7(k) work period): 10.3385 hours bi-weekly—first two (2) years of service. 11.6308 hours bi-weekly—three (3) through five (5) years of service. 12.9231 hours bi-weekly—six (6) through ten (10) years of service. 14.2154 hours bi-weekly—more than ten (10) years of service. (3) In cases in which a former City employee is selected for appointment, the City Manager may approve an accrual rate based on the years of service formerly earned by the employee. (c) Annual leave is charged on an hour-for-hour basis; i.e., normal work day of eight (8) hours would be charged at eight (8) hours annual leave; twelve (12) hour work day, twelve (12) hours annual leave; ten (10) hour work day, ten (10) hours annual leave; twenty-four (24) hour work day, twenty-four (24) hours annual leave. (d) Leave continues to accrue during the period of time an employee is on paid leave except during periods of terminal leave (leave time after which the employee does not intend to return to work). Leave does not accrue during periods of leave without pay. (e) Accrued and unused leave may be carried over from one (1) year to the next for the purpose of accumulating an annual leave account or reserve. The maximum leave hours that may be accrued are six hundred forty (640) hours for classified, unclassified, and department head service employees, and eight hundred ninety-six (896) hours for Fire Department employees working a 7(k) work period. (f) Annual leave may be used for any purpose desired by the employee. Incidental absences for sickness as unplanned are not controllable. However, planned absences must be coordinated with and approved by the appropriate department head. Page 42 Page 10 of 12 (g) It is required that each employee use a minimum of eighty (80) hours of leave per calendar year for employees working forty (40) hours per week, and one hundred twelve (112) hours for employees working a 7(k) work period, and affect appropriate coordination with the department head. If actual hours used are less than the minimum requirement, then the difference [SHALL]will be deducted from available leave hours without any compensation to the employee. Employees are not required to meet mandatory leave requirements their first year of service. (h) Excess leave above the amount authorized for accrual (subsections (a) through (e) of this section) existing on December 31st [SHALL]will automatically be paid at the then existing rate for the individual employee. (i) Department heads [SHALL]will schedule vacations for their respective employees with due consideration for the desires of the employees and the work requirements facing the department. Vacation schedules may be amended to allow the department to meet emergency situations. (j) In the event of significant illness or injury not covered by workers’ compensation, or absence due to training or education, an employee on exhausting annual leave may, with the approval of the City Manager or designee, borrow up to a six (6) month entitlement (i.e., thirteen (13) x 7.3846 hours) to avoid a no-pay status. Accrued annual leave will be charged to repay borrowed leave and must be repaid before annual leave may be used. In the event the person’s employment with the City ends prior to the borrowed leave being repaid, the employee must reimburse the City for the value of any leave not repaid. The City may deduct the value of any leave not repaid from the employee’s final paycheck. (k) Part-time employees working fifteen (15) hours a week or more [SHALL]will accrue at the same rate as a full-time employee except on a proportional basis as to hours. (l) Employees considered to be exempt from the provisions of the Fair Labor Standards Act [SHALL HAVE] are charged annual leave [CHARGED] on [AN EIGHT (8) HOUR/ WHOLE] a full-day basis. A full day is considered to be the normal hours worked in a day for a position as established by the City Manager. If any such employee [IS PRESENT FOR] works during any portion of a normal work day, that employee [SHALL NOT BE]is not charged annual leave for that day. [CONVERSELY, I] If any such employee [IS ABSENT FROM HER OR HIS NORMAL PLACE OF] does not work [FOR] within a [N ENTIRE] normal day [(EXCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS)] that employee will be charged [EIGHT (8) HOURS OF] a full day of annual leave for that day, unless the City Manager or designee has approved a substitute work day. This amendment changes language to allow the City Manager to approve a leave accrual rate for a returning employee based on the employee’s total years of service, clarifies that City employees are not required to meet mandatory leave requirements their first year of service, clarifies that, when employees borrow leave, their leave accounts are charged to repay borrowed annual leave to reflect current practice, and makes minor changes consistent with the style generally followed in Code. The amendment to paragraph (l) allows employees who are not eligible for overtime to substitute a day of leave for a day worked on a weekend with City Manager approval. Section 11. Amendment of Section 23.40.050 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.050—Leave of absence without pay is hereby amended as follows: 23.40.050 Leave of [A]Absence [W]Without [P]Pay. Page 43 Page 11 of 12 (a) Leave without pay may be granted to an employee upon recommendation of the department head and approval of the City manager or designee for up to one hundred eighty (180) days. Each request for such leave [SHALL]will be considered in the light of the reasons for the request and of the needs of the organization. Leave of absence without pay is not authorized or permitted for other employment. Leave without pay [SHALL]may not be requested nor granted until such time as all accrued annual leave has been exhausted, except when an employee is absent and drawing workers’ compensation pay[,] or a new employee has been granted approval for leave by the City Manager or designee prior to employment. (b) If an employee uses more than thirty (30) days total leave without pay during [HIS OR HER] the employee’s leave year, [HIS OR HER] the employee’s merit anniversary and length of service dates [SHALL]will be advanced on the calendar as follows: The number of days the leave without pay exceeds thirty (30) days are added to the anniversary date to arrive at an extended anniversary date. A new anniversary date is then established on the first day of the month closest to the extended anniversary date. (c) During a period of leave without pay, the employee’s benefits [SHALL]may be in abeyance. Cost of maintenance of health and related benefits will be at the personal expense of the employee and must be prepaid via the City to insure continued coverage. The amendment to paragraph (a) changes language to allow the City Manager to designate authority to approve leave without pay requests and allows the City Manager to approve leave without pay for a new employee without requiring the employee to exhaust leave. The amendments to paragraphs (b) and (c) make changes consistent with the style generally followed in Code. Section 12. Amendment of Section 23.40.060 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.060—Leave of absence with pay, paragraph 4 is hereby amended as follows: 23.40.060 Leave of [A]Absence with [p]Pay. (4) Death in the Immediate Family. Leave of absence with pay is provided to assist an employee who must be absent from work as a result of a death in the immediate family. [THE EMPLOYEE’S ABSENCE WOULD BE FOR FUNERAL ATTENDANCE, OR TO HANDLE MATTERS ARISING DUE TO THE DEATH OF AN IMMEDIATE FAMILY MEMBER, THAT CANNOT PRACTICABLY BE TAKEN CARE OF OUTSIDE OF REGULAR BUSINESS HOURS. UPON THE CITY MANAGER’S APPROVAL,] Immediate family means a parent, spouse, child, grandparent, grandchild, sibling, and in-law and step- relation equivalents. Employees [SHALL BE] are entitled to [THE FOLLOWING LEAVE, WHICH WILL NOT DIRECTLY AFFECT THEIR PERSONAL LEAVE ACCOUNT: THREE (3)] five (5) working days, up to [TWENTY-FOUR (24)] forty (40) hours maximum and up to forty-eight (48) hours for employees engaged in fire protection activities who work an average of fifty-six (56) hours per week. Time taken for this reason will not affect the employee’s annual leave accrual. The amendment changes language to increase the maximum amount of paid leave employees would be eligible to receive for absences due to a death in their immediate family. The definition Page 44 Page 12 of 12 of immediate family is not in this section of the Code, but it has been the City’s practice to include parent, spouse, children, sibling, and parent-in-law. This amendment would add the definition of immediate family to include grandparents, grandchildren, and in-law and step-equivalents to make the City comparable to other government employers that provide employees with paid bereavement leave. Section 13. Amendment of Section 23.40.095 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.095—Supplemental retirement is hereby amended as follows: 23.40.095 Supplemental [R]Retirement. All employees with six (6) months of service regularly scheduled to work fifteen (15) hours or more per week [SHALL BE] are eligible to participate in a supplemental retirement program to be selected by the City Manager. The City’s contribution on behalf of each eligible employee [SHALL]will be [FOUR]six and two tenths percent ([4]6.2%) of the first thirty-seven thousand five hundred dollars ($37,500.00) of base wages earned in a calendar year for the first five (5) years of service and of the first fifty thousand dollars ($50,000.00) of base wages earned in a calendar year for six (6) through ten (10) years of service and of the first sixty-two thousand five hundred dollars ($62,500.00) of base wages earned in a calendar year for eleven (11) through fifteen (15) years of service and of the first seventy five thousand dollars ($75,000.00) of base wages earned in a calendar year for more than fifteen (15) years of service. The contribution [SHALL]will not apply to additional compensation to employees, such as overtime pay, holiday pay, and qualification pay. This amendment increases the City's contribution to supplemental retirement for employees who work 15 or more hours a week from the 4% established in 1989. The supplemental Retirement Program was designed as a partial replacement for the Social Security Program, from which the City withdrew in 1981. If these amendments are approved, they would become effective July 7, 2023, and Administration would work with Human Resources to update the Employee Handbook and communicate changes with employees. Thank you for your consideration. Page 45 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-38 A RESOLUTION FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024. WHEREAS, Kenai Municipal Code requires that the rate of levy of property tax be set annually not later than the tenth day of June; and, WHEREAS, the Council has adopted the "City of Kenai 2024 Annual Budget," which estimates property tax revenue based upon a tax rate of 4.35 mills. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the rate of levy of property tax for the fiscal year commencing July 1, 2023 and ending June 30, 2024 be fixed at 4.35 mills. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF JUNE, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 46 MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Terry Eubank, City Manager Larry Semmens, Interim Finance Director May 9, 2023 Resolution 2023-38 – Establishing the City of Kenai FY2024 Property Tax Mill Rate Resolution 2023-38 will establish the rate of levy of property tax for FY2024, tax year 2023. The proposed rate of levy is 4.35 and will result in $435 in taxes being paid for each $100,000 of taxable assessed property value. The rate is unchanged and will generate the necessary property taxes to support the adopted FY24 budget. The last mill rate change for the City was in FY2015. Your support is respectfully requested. Page 47 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-39 A RESOLUTION AMENDING THE COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO INCORPORATE CHANGES INCLUDED IN THE FY2024 BUDGET TO INCLUDE ADJUSTING AIRPORT FEES, PARKS AND RECREATION FEES, CITY DOCK FEES, WATER FEES, SEWER FEES, SENIOR CENTER FEES, AND ADJUSTING THE MONTHLY RENTAL RATES AT VINTAGE POINTE. WHEREAS, the Administration negotiated and implemented a five-year Airline Operating Agreement which was effective July 1, 2020; and, WHEREAS, this Airline Operating agreement included a 5% annual increase in terminal rents for exclusive and non-exclusive space, signatory landing fees, and signatory apron space; and, WHEREAS, non-signatory landing fees are 30% higher than the signatory rate and will be impacted proportionally by the increase; and, WHEREAS, the proposed increase to Airport Reserve Land Annual Lease Rates is commensurate with the 2022 annual change in Consumer Price Index for Anchorage and is a required rate change under Kenai Municipal Code 21.10.090(b); and, WHEREAS, the Parks and Recreation Department fees for the Recreation Center are reduced for Seniors and College Students and are proposed to apply to Veterans in recognition of their service; and, WHEREAS, the City’s costs to operate the Personal Use Fishery in a manner that is safe for participants and protects the community have increased, and a planned 10% rate increase over two years, 5% in both FY23 and FY24, is warranted; and, WHEREAS, the last water and sewer rate study performed by the City was in FY11, which called for annual adjustments by the Anchorage Alaska Annual Consumer Price Index (CPI) after a five-year period of rate increases; and, WHEREAS, annual adjustments in relation to CPI reduce the likelihood of dramatic future increases upon the completion of a new rate study that is being performed; and, WHEREAS, the Anchorage Annual Consumer Price Index increase for 2022 was 8.11%, and a 5% increase in Water and Sewer rates is reasonable pending the completion of the new rate study; and, WHEREAS, a rental rate study for Vintage Pointe was completed in 2020, and the City’s policy is to adjust rental rates each year by the Anchorage Alaska Annual Consumer Price Index (CPI) to a maximum of $35.00 per month until the next study, 2025; and, WHEREAS, because of the high 8.11% Anchorage CPI for 2022, all units in Vintage Pointe will be below market after the proposed $35.00 per month increase; and, WHEREAS, the Council on Aging recommended a proposed increase to the suggested donation for senior home and congregate meals and an increase in the charge for individuals under the age of 60, an Page 48 Resolution No. 2023-39 Page 2 of 9 New Text Underlined; [DELETED TEXT BRACKETED] increase in the suggested donation amount for transportation services within the City of Kenai, and an increase in the charge for transportation outside of the City of Kenai; and, WHEREAS, providing a discount to Airport lessees and sub-lessees for the use of conference and training rooms will promote the use of these facilities and provide additional benefit to the businesses and individuals investing in the airport; and, WHEREAS, updating the City’s Schedule of Rates, Charges, and Fees to include changes made in the formation of the annual budget is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That Airport Fees be amended as follows: AIRPORT FEES 21.05.085 Fuel Flowage Fee per gallon -Signatory $0.035 -Non-signatory $0.07 APX - Airport Regulations Aircraft Parking Fees 6.05.070 (c) -transient, under 4,000 lbs. 0 - 4 hrs.FREE 6.05.070 (c) -transient, under 4,000 lbs. over 4 hrs.$5.00 6.05.070 (c) -transient, 4,001 - 12,500 lbs. 0-12 hrs.$25.00 6.05.070 (c) -transient, 4,001 - 12,500 lbs. 12-24 hrs.$50.00 6.05.070 (c) -transient, 12,501 - 100,000 lbs. 0-12 hrs.$50.00 6.05.070 (c) -transient, 12,501 - 100,000 lbs. 12-24 hrs. $100.00 6.05.070 (c) -transient, 100,001 lbs. per day $250.00 Landing Fees 14.05.010 (a)(2) Signatory per thousand pounds [$1.88]$1.97 14.05.010 (b)(2) Non-signatory per thousand pounds [$2.44]$2.56 exempt -- float planes, test landings due to mechanical or weather, government aircraft Tie-down Fees, General Aviation Paved Areas -wheels, per month $45.00 -wheels, w/electric per month $70.00 Gravel Area -wheels/skis, per month $45.00 Float Plane Basin, Private -daily $5.00 -monthly $40.00 -season -- May to October $250.00 Float Plane Basin, Commercial -daily $10.00 -monthly $50.00 -season -- May to October $300.00 -monthly w/electric $75.00 Terminal Building Rent -- Exclusive Space -signatory - per square foot per year [$37.32] $39.19 -signatory -- arrival hallway, departure hallway, passenger hold room & baggage claim area (per square foot per year)[$37.32] $39.19 Terminal Building Rent -- Joint Use Space -signatory -- baggage make up area (per square foot per year)[$22.62] $23.75 -signatory -- baggage break down area (per square foot per year)[$22.62] $23.75 -non-signatory terminal rates 30% higher Vehicle Parking Fees at Terminal -short term 0 - 2 hours FREE -24 hours $8.00 -annual permit $800.00 -annual parking permit w/electric $1,140.00 Page 49 Resolution No. 2023-39 Page 3 of 9 New Text Underlined; [DELETED TEXT BRACKETED] AIRPORT FEES - Continued Vehicle Parking Fees Greater Than 1/4 Mile From Terminal Building (at GA Lot) -calendar day $3.00 -annual permit $420.00 Late Payment Vehicle Parking Fee -late payment fee for unpaid parking after 30 days $50.00 Business Activity & Airport Access Permit -mechanic access (per each)$50.00 -fueling access (annual)$100.00 -dispensing fee (per gallon)$0.02 -water extraction access (annual)$100.00 -non-tenant use of basin parking apron $75.00 -float plane parking apron (annual)$25.00 -Deposit/replacement proximity card fee (each)$100.00 -Catering/mobile food service $50.00 Commercial Turn Fees -turn fee (narrow body - (1 aisle)$200.00 -turn fee (regional 50 - 99 seats)$150.00 -turn fee (commuter - fewer than 50 seats)$100.00 Helicopter Landing Fees -Per Landing $25.00 Conference Room Fees Airport Lessee's and sub Lessee's in good standing shall receive a 25% discount - 0 - 2 hours $50.00 - 2 - 4 hours $100.00 - 4 - 6 hours $200.00 -More than 8 hours (same day and no later than 10:00 pm)$300.00 -Cleaning fee (if room is not cleaned)$100.00 Other Fees -Taxi cab annual fee per vehicle $100.00 -Terminal building key replacement (per key)$10.00 -Non-signatory airline airport apron rental rate per square foot [$1.27]$1.33 -Signatory, airline, terminal apron parking and GSE storage space rent per square foot [$0.58]$0.61 Alaska Regional Fire Training Center Fees All Training Rooms include shared use of Breakroom, Tables and Chairs Training Props and Out Buildings -pursuant to agreed fees and terms by Airport Director approved by City Manager Room 104, 108, or 109 Airport Lessee's and sub Lessee's in good standing shall receive a 25% discount - 0 -4 hours $300.00 - 4 >12 hours $500.00 Room 104, 108, or 109 - Non Profit Entity - 0 -4 hours $250.00 - 4 >12 hours $425.00 Rooms 108 and 109 combined Airport Lessee's and sub Lessee's in good standing shall receive a 25% discount - 0 -4 hours $450.00 - 4 >12 hours $700.00 Rooms 108 and 109 combined - Non Profit Entity - 0 -4 hours $400.00 - 4 >12 hours $600.00 Fire Training Center Rental Items -LCD Projector and Screen $50.00 -Podium $50.00 Page 50 Resolution No. 2023-39 Page 4 of 9 New Text Underlined; [DELETED TEXT BRACKETED] Section 2. That Parks and Recreation Fees be amended as follows: AIRPORT FEES - Continued 21.10.090 (a)Airport Reserve Land Annual Lease Rates Legal Description of Property KPB Parcel ID No. FY24 Annual Rent Lot 2, Block 2, FBO Subdivision 04336004 [$6,772.56] $7,321.12 NW 1/4 NW 1/4 Sec, 33 lying W of Marathon Rd. excluding Baron Park 2007 Replat 04501056 Subject to Appraisal Lot 8, Block 2, Cook Inlet Industrial Air Park 04322008 [$16,167.84] $17,477.44 Lot 3, Block 5, Cook Inlet Industrial Air Park 04322020 [$6,143.76] $6,441.44 Lot 4, Block 5, Cook Inlet Industrial Air Park 04322021 [$6,190.08] $6,691.44 Lot 9A, Block 5, General Aviation Apron No. 6 04324026 [$14,371.92] $15,536.08 Lot 1, Block 2, FBO Subdivision 04336003 [$7,050.08] $7,621.12 Lot 1, FBO Subdivision No. 7 04336034 [$13,198.24] $14,267.28 Lot 3, FBO Subdivision No. 7 04336036 [$18,697.44] $20,211.92 Lot 5, FBO Subdivision No. 9 04336043 Subject to Appraisal Tract A1, Baron Park 2007 Replat 04501031 [$37,722.88] $40,778.40 Tract C-1, Gusty Subd. No. 8 04327034 [$3,660.32] $3,956.80 Portion of W1/2 of Sec. 28 & SE1/4, Sec. 29, T6N, R11W 04101021 Subject to Appraisal Portion of SW1/4, Sec. 29, T6N, R11W Excluding Airport Float Basin Replat 04101022 Subject to Appraisal Portion of Tract A, Kenai Airport Float Plane Basin Replat 04318043 Subject to Appraisal Portion Sec. 32, T6N, R11W Excluding Subs. & Leased Areas & Float Plane Basin 04318044 Subject to Appraisal Tract A, FBO Subdivision 04336001 Subject to Appraisal Lot 5A, Block 1, FBO Subdivision 04336049 Subject to Appraisal PARKS AND RECREATION FEES Multipurpose Facility -hourly rate (reservation)$165.00 Kenai Recreation Center -Weights/Cardio/Sauna - includes weight/cardio room, shower, sauna and gym. (must be 16 or older unless accompanied by guardian) -Adults $5.00 -College Students $2.50 -High School Students and younger FREE -Veterans and Seniors (55 and older)$2.50 -Adult 10 visit punch card $40.00 -Adult Monthly Pass $50.00 -College Student, Veterans & Senior Monthly Pass $25.00 -Basketball/Pickleball - includes basketball gym and showers -Adults $3.00 -College Students $3.00 -High School Students and younger FREE -Adult & College Student Monthly Pass (All Ages)$25.00 -Gym Punch Card - 12 Visits (All ages)$25.00 -City League Basketball (per team)$325.00 -Racquetball & Wallyball Court Rentals - per hour and includes showers for participants. -Adult Racquetball $10.00 -Racquetball Punch Card (10 hours all ages)$80.00 -Adult Wallyball $12.00 -Wallyball Punch Card (10 hours all ages)$100.00 Page 51 Resolution No. 2023-39 Page 5 of 9 New Text Underlined; [DELETED TEXT BRACKETED] Section 3. That City Dock Fees be amended as follows: PARKS AND RECREATION FEES - continued -Facility Rental - per hour -Gym $50.00 -1/2 Gym $25.00 -Non-profit Youth Athletic Programs FREE Parks/Gazebos/Gardens -Picnic Shelter 8:00am - 3:00pm $20.00 4:00am - 11:00pm $20.00 -Gazebo 8:00am - 3:00pm $25.00 4:00am - 11:00pm $25.00 -Community Garden Plot (each)$20.00 -Adopt-A-Bench (Includes bench, installation and maintenance. Freight charges additional at actual cost.)$595.00 Personal Use Fishery -Personal Use Fishery Day Use Parking 5 am to Midnight (vehicle or up to two atv's)[$21.00] $22.05 -Personal Use Fishery Overnight Parking Before noon of the first day to noon of the second day (vehicle or up to two atv's and one tent)[$57.75] $60.64 -After noon of the first day to noon of the second day (vehicle or up to two atv's and one tent)[$47.25] $49.61 -Personal Use Fishery Camping (one tent)[$26.25] $27.56 -Personal Use Fishery Vehicle Drop Off (vehicle or up to two atv's per day)[$10.50] $11.03 CITY DOCK FEES Boat Launch Ramp - Includes Parking with Trailer Excluding days of the personal use dip net fishery Non-Commercial Users NO FEES Commercial Users - First 10 minutes on ramps or floats $25.00 - Each minute over 10 on ramps or floats $ 1/minute - Seasonal Boat Launch Pass per Commercial Vessel $150.00 Personal Use Fishery Days - All Users - First 10 minutes on ramps or floats [$36.75] $38.59 - Each minute over 10 on ramps or floats $ 1/minute Parking Only -Excluding days of the personal use dip net fishery Non-Commercial Users NO FEES Commercial Users -Per day (Vehicle with trailer must pay launch fee)$15.00 - Personal Use Fishery Days - All Users -Per day (Vehicle with trailer must pay launch fee)[$21.00] $22.05 Vehicle Drop Offs -Personal Use Fishery Days - All Users (vehicle per day)[$10.50] $11.03 Forklift and/or crane with operator, mobilization & travel time to be charged (2 hour minimum) - per hour $100.00 Page 52 Resolution No. 2023-39 Page 6 of 9 New Text Underlined; [DELETED TEXT BRACKETED] Section 4. That Water and Sewer Fees be amended as follows: WATER FEES APX - Public Utility Regulations and Rates Water & Sewer service deposit - refundable after two years of timely payments $100.00 1. Schedule A -General Domestic Service Rates (non-metered) -one or two family residence, per family unit [$38.90] $40.85 -single or double unit apartment, per family unit [$38.90] $40.85 -apartment, 3 or more units on a single parcel, per family unit -single bill assumed by owner [$29.29] $30.75 -separate bill [$38.90] $40.85 -trailers, one or two on single lot, each [$38.90] $40.85 -trailer, 3 or more on single lot -single billing [$29.29] $30.75 -separate billing [$38.90] $40.85 -boarding houses, per available room [$10.35] $10.87 2. Schedule B -Commercial service (non-metered) -demand -1.00 inch service [$39.45] $41.42 -1.25 inch service [$60.09] $63.09 -1.50 inch service [$99.51] $104.49 -2.00 inch service [$150.20] $157.71 -3.00 inch service [$225.32] $236.59 -larger than 3.00 inch service [$337.95] $354.85 -use charge -bakery [$114.52] $120.25 -bath house, tub or shower, each [$26.32] $27.64 - bottling works, per bottling machine [$904.97] $950.22 -bowling alleys, amusement parks, doctor [$108.88] $114.32 -car lot, with car wash facilities [$54.46] $57.18 -car wash, automatic, per facility [$488.13] $512.54 -car wash, self-service, per stall [$73.21] $76.87 -churches, lodges, clubs, banquet rooms, per seat [$0.42]$0.44 -cleaners and commercial laundries, per facility [$313.55] $329.23 -dairies, installation of water meter required -day care center/preschool, per child, maximum capacity [$1.56]$1.64 -doctor and dentist offices, per room or chair [$23.46] $24.63 -garage, service stations [$46.94] $49.29 -recreational vehicle dump facility (May - September)[$54.46] $57.18 -hangar, airplane repair [$46.94] $49.29 -with washing facilities [$54.44] $57.16 -hospital, per bed [$31.00] $32.55 -hotel, motel, resort, per room [$24.40] $25.62 -laundry, self service, per machine [$44.16] $46.37 -markets, meat [$60.09] $63.09 -office building single bill assumed by owner, per business [$52.54] $55.17 -office building, tenants are billed, per business [$60.09] $63.09 -restaurants, cafes, taverns, bars, per seat [$3.38]$3.55 -public office building, per restroom [$13.53] $14.21 -recreation facility, per restroom, sauna, shower [$26.32] $27.64 -rv/camper park, per space [$26.32] $27.64 -schools, per seating capacity [$1.56]$1.64 -shopping center [$27.26] $28.62 -shops, beauty, per station or chair [$27.26] $28.62 -shops, misc. (includes barber), per shop [$27.26] $28.62 -sleeping room, per room [$10.35] $10.87 -studio, photo or photo lab [$128.62] $135.05 -supermarket [$308.87] $324.31 -theater, indoor, per seat [$0.18]$0.19 -theater, outdoor, per seat [$0.18]$0.19 -taverns, lounges, bars (without kitchens), per seat [$3.22]$3.38 -xray or lab office [$76.99] $80.84 Page 53 Resolution No. 2023-39 Page 7 of 9 New Text Underlined; [DELETED TEXT BRACKETED] WATER FEES - continued 3. Schedule C - Industrial Service (non-metered) -concrete mixing plant [$495.64] $520.42 -concrete products [$247.85] $260.24 -confectioner [$165.20] $173.46 -greenhouse, commercial [$165.20] $173.46 -ice cream plant [$247.85] $260.24 -cold storage plant or locker [$116.42] $122.24 -hydrant use (per day)[$100.79] $105.83 4. Schedule D - Fire Protection 5. Schedule E -Metered Service -general usage, per thousand gallons [$3.75]$3.94 -hydrant use, per thousand gallons [$5.65]$5.93 -minimum monthly charge, general usage [$56.35] $59.17 6. Schedule F - Water Connection Permit Fee [$233.64] $245.32 Hydrant Permit deposit $200.00 Unauthorized shut-off or turn-on of water service $250.00 Service shut-off or turn-on - during normal business hours $50.00 Service shut-off or turn-on - outside normal business hours & holidays $150.00 New construction service turn-on and shut off for system testing $0.00 New construction service turn-on for occupancy $0.00 Service valve & key box installation by City Actual Cost Key box location Actual Cost Note: All Water Fees are subject to a 2% discount for payment by means other than credit card. SEWER FEES APX - Public Utility Regulations and Rates 1. Schedule A -General Domestic Service Rates (non-metered) -one or two family residence, per family unit [$55.62] $58.40 -single or double unit apartment, per family unit [$55.62] $58.40 -apartment, 3 or more units on a single parcel, per family unit -single bill assumed by owner [$41.82] $43.91 -separate bill [$55.62] $58.40 -trailers, one or two on single lot, each [$55.62] $58.40 -trailer, 3 or more on single lot -single billing [$41.82] $43.91 -separate billing [$55.62] $58.40 -boarding houses, per available room [$15.02] $15.77 2. Schedule B -Commercial service (non-metered) -demand -1.00 inch service [$56.14] $58.95 -1.25 inch service [$83.25] $87.41 -1.50 inch service [$141.35] $148.42 -2.00 inch service [$211.04] $221.59 -3.00 inch service [$319.49] $335.46 -larger than 3.00 inch service [$480.19] $504.20 -use charge -bakery [$162.62] $170.75 -bath house, tub or shower, each [$36.77] $38.61 - bottling works, per bottling machine [$1,289.51] $1,353.99 -bowling alleys, amusement parks, doctor [$155.88] $163.67 -car lot, with car wash facilities [$77.45] $81.32 -car wash, automatic, per facility [$693.16] $727.82 -car wash, self-service, per stall [$103.57] $108.75 -churches, lodges, clubs, banquet rooms, per seat [$0.58]$0.61 -cleaners and commercial laundries, per facility [$445.33] $467.60 -dairies, installation of water meter required -day care center/preschool, per child, maximum capacity [$2.24]$2.35 -doctor and dentist offices, per room or chair [$33.42] $35.09 Page 54 Resolution No. 2023-39 Page 8 of 9 New Text Underlined; [DELETED TEXT BRACKETED] Section 5. That Senior Center Fees be amended as follows: SEWER FEES - Continued -garage, service stations [$67.78] $71.17 -recreational vehicle dump facility May - September)[$77.45] $81.32 -hangar, airplane repair [$67.28] $70.64 -with washing facilities [$77.45] $81.32 -hospital, per bed [$44.54] $46.77 -hotel, motel, resort, per room [$34.36] $36.08 -laundry, self service, per machine [$62.46] $65.58 -markets, meat [$85.20] $89.46 -office building single bill assumed by owner, per business [$73.59] $77.27 -office building, tenants are billed, per business [$85.20] $89.46 -restaurants, cafes, taverns, bars, per seat [$4.94]$5.19 -public office building, per restroom [$19.36] $20.33 -recreation facility, per restroom, sauna, shower [$37.27] $39.13 -rv/camper park, per space [$37.27] $39.13 -schools, per seating capacity [$2.24]$2.35 -shopping center [$38.72] $40.66 -shops, beauty, per station or chair [$38.72] $40.66 -shops, misc. (includes barber), per shop [$38.72] $40.66 -sleeping room, per room [$15.02] $15.77 -studio, photo or photo lab [$183.94] $193.14 -supermarket [$439.51] $461.49 -theater, indoor, per seat [$0.27]$0.28 -theater, outdoor, per seat [$0.27]$0.28 -taverns, lounges, bars (without kitchens), per seat [$4.64]$4.87 -xray or lab office [$109.40] $114.87 3. Schedule C - Industrial Service (non-metered) -concrete mixing plant [$706.73] $742.07 -concrete products [$352.40] $370.02 -confectioner [$234.27] $245.98 -greenhouse, commercial [$234.27] $245.98 -ice cream plant [$352.40] $370.02 -cold storage plant or locker [$164.58] $172.81 4. Schedule D - Fire Protection None 5. Schedule E -Metered Service -general usage, per thousand gallons [$5.51]$5.79 -hydrant use, per thousand gallons -minimum monthly charge, general usage [$82.72] $86.86 6. Schedule F -Permit fee [$222.63] $233.76 Note: All Sewer Fees are subject to a 2% discount for payment by means other than credit card. SENIOR CENTER SENIOR CENTER MEALS 12 years and younger [$7.00]$8.00 Adult non-senior (13 years and older but less than 60 years)[$14.35] $16.00 60 years and older - Suggested Donation [$7.00]$8.00 SENIOR CENTER TRANSPORTATION Transportation within Kenai City Limits - To Senior Center - Suggested Donation [$5.00]$6.00 Transportation within Kenai City Limits [$5.00]$6.00 Transportation outside Kenai City Limits [ - Suggested Donation][$10.00] $15.00 Page 55 Resolution No. 2023-39 Page 9 of 9 New Text Underlined; [DELETED TEXT BRACKETED] Section 6. That Vintage Pointe Rents be amended as follows: Section 7. That this Resolution takes effect July 1, 2023. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF JUNE, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk VINTAGE POINTE RENTS FOR UNITS WITH RENTAL AGREEMENTS GRANDFATHERED PER THE CITY'S POLICY BEFORE JUNE 30, 2023: 1-A apartment=586 sq. ft. Ocean Side (8)[$982.46] $1,017.46 1-A apartment=586 sq. ft. Street Side (5)[$935.98] $970.98 1-B apartment=637 sq. ft. Street Side (4)[$954.77] $989.77 1-B apartment=637 sq. ft. Ocean Side (6)[$1,002.24] $1,037.24 1-C apartment=682 sq. ft. Ocean Side (4)[$1,019.06] $1,054.06 1-C apartment=682 sq. ft. Street Side (4)[$971.58] $1,006.58 2-A apartment=826 sq. ft. Ocean Side (3)[$1,140.20] $1,175.20 2-A apartment=826 sq. ft. Street Side (1)[$1,089.27] $1,124.27 2-B apartment=876 sq. ft. Ocean Side (2)[$1,150.17] $1,185.17 2-B apartment=876 sq. ft. Street Side (2)[$1,092.39] $1,127.39 2-C apartment=789 sq. ft. Ocean Side (1)[$1,130.81] $1,165.81 Monthly Automatic ACH Payment Fee Note: All Vintage Pointe Rents are subject to a 2% discount for payment by means other than credit card. FOR UNITS WITH MARKET RATE RENTAL AGREEMENTS: 1-A apartment=586 sq. ft. Ocean Side (8)[$993.70] $1,074.29 1-A apartment=586 sq. ft. Street Side (5)[$944.95] $1,021.59 1-B apartment=637 sq. ft. Street Side (4)[$964.65] $1,042.88 1-B apartment=637 sq. ft. Ocean Side (6)[$1,014.44] $1,096.71 1-C apartment=682 sq. ft. Ocean Side (4)[$1,032.08] $1,115.78 1-C apartment=682 sq. ft. Street Side (4)[$982.29] $1,061.95 2-A apartment=826 sq. ft. Ocean Side (3)[$1,162.77] $1,257.07 2-A apartment=826 sq. ft. Street Side (1)[$1,105.72] $1,195.39 2-B apartment=876 sq. ft. Ocean Side (2)[$1,179.37] $1,275.02 2-B apartment=876 sq. ft. Street Side (2)[$1,122.32] $1,213.34 2-C apartment=789 sq. ft. Ocean Side (1)[$1,149.29] $1,242.50 Page 56 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Larry Semmens, Interim Finance Director DATE: May 9, 2023 SUBJECT: Resolution 2023-39 – Amending the Schedule of Rates, Charges and Fees for FY2024 The purpose of this memo is to recommend passage of Resolution 2023-39 which amends the Schedule of Rates, Charges and Fees for FY2024 effective July 1, 2023. One of the goals established by the City of Kenai City Council for the FY2024 Budget is to adjust rates, charges and fees commensurate with inflation. All City rates, charges and fees were reviewed for sufficiency, with the following being recommended for changes. The Airport terminal rates for exclusive and non-exclusive space, signatory landing fees and signatory apron space are proposed to increase 5% per the five-year Airline Operating Agreement, which was effective July 1, 2020. Airport Reserve Land Annual Lease Rates were adjusted commensurate with the 2022 annual change in the Consumer Price Index for Anchorage, per Kenai Municipal Code 21.10.090(b). Water and Sewer rates are proposed to increase 5%, and the City is completing a water and sewer rate study. Seniors and College Students are eligible for reduced fees at the Recreation Center. This Resolution includes a recommendation to make Veterans, in recognition of their service, eligible for the same reduced fees. Due to increasing costs to operate the Personal Use Fishery in a manner that is safe for participants and protects the community, the City adopted a plan in FY23 to increase rates 5% per year for two years. This Resolution completes that plan. The Council on Aging recommended a proposed increase to Senior Congregate Meals to $8 and non-senior meals to $16. Changes are proposed to clarify charges and suggested donations for meals and transportation services inside and outside of the City. The increase in the 2022 Consumer Price Index for Anchorage was 8.11%. This resolution applies that rate of increase to the Vintage Point rental rates; however, the actual rent increase Page 57 Page 2 of 2 for current tenants is limited to $35 per month per City policy. A new rate study for Vintage Point is scheduled for 2025. This resolution also proposes to provide Airport Lessee’s and Sub-Lessee’s in good standing a 25% discount on rental of conference rooms and training rooms. This will promote the use of these facilities and provide additional benefit to businesses and individuals investing in the Airport. Thank you for considering these proposed changes. Page 58 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-40 A RESOLUTION AUTHORIZING A CONSTRUCTION AGREEMENT AND CORRESPONDING PURCHASE ORDER FOR THE 2023 N. WILLOW STREET ROADWAY IMPROVEMENTS PROJECT. WHEREAS, a formal Invitation to Bid was released on May 18, 2023 with bids due on June 1, 2023 for the 2023 N. Willow St. Roadway Improvements project which extends from the intersection with Granite Point St. to 525 N. Willow St, just past the Forestry Service’s driveway; and, WHERES, the project area extends approximately 3600 linear feet and involves milling asphalt, raising of gravel base, resurfacing of asphalt paving, culvert and drainage ditch line work; and, WHEREAS, the following bids were received by the City: Bidders Bid ; and, WHEREAS, __________ was found to be the lowest responsive and responsible bidder; and, WHEREAS, award to __________ is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a construction agreement with __________ in the amount of $__________ for the 2023 N. Willow St. Roadway Improvements Project. Section 2. That the City Manager is authorized to issue a corresponding purchase order to __________ in the total amount of $__________, which includes $__________ in contingency funding in support of the project. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF JUNE, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 59 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: May 30, 2023 SUBJECT: Resolution 2023-40 – 2023 N. Willow St. Roadway Improvements Project This memo seeks Council’s approval to award a construction contract for the 2023 N. Willow St. Roadway Improvements Project. The project was formally released for bids on May 18th, with bids due on June 1st. The following bids were received: Bidders Total Bid __________ was found to be the lowest responsive and responsible bidder with a total bid cost of __________. It is the Department’s recommendation that award to __________ is in the best interest of the City. The project, as detailed in the attached map, extends from Granite Point to just past the Forestry Service’s lot located at 525 N. Willow St. The project area from Granite Point to Airport Way, which has concrete curb and gutter will largely be milled and paved, with the areas extending further down N. Willow receiving grade adjustments to address drainage issues. Driveway approaches and drainage culvert are also included with this work. The majority of the roadway dates from 1980, south of the tower. With the section north of the tower dating to 1985. The most prominent damages are the result of the roadways inability to shed water, which this project will rectify. Work is expected to take place this summer with completion before winter sets in. Council’s support is respectfully requested. Page 60 Page 2 of 2 Page 61 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-41 A RESOLUTION AUTHORIZING A CONSTRUCTION AGREEMENT AND CORRESPONDING PURCHASE ORDER FOR THE 2023 FIRST AVENUE ROADWAY REPAIRS PROJECT. WHEREAS, a formal Invitation to Bid was released on May 18, 2023 with bids due on June 1, 2023 for the 2023 First Avenue Roadway Repairs project which extends from the intersection with N. Spruce St. and Birch St.; and, WHERES, the project seeks to repair severely settled concrete curb and asphalt within the project area; and, WHEREAS, the following bids were received by the City: Bidders Bid ; and, WHEREAS, __________ was found to be the lowest responsive and responsible bidder; and, WHEREAS, award to __________ is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a construction agreement with __________ in the amount of $ __________ for the 2023 First Avenue Roadway Repairs Project. Section 2. That the City Manager is authorized to issue a corresponding purchase order to __________ in the total amount of $__________, which includes $__________ in contingency funding in support of the project. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF JUNE, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 62 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: May 30, 2023 SUBJECT: Resolution 2023-41 – 2023 First Avenue Roadway Repairs Project This memo seeks Council’s approval to award a construction contract for the 2023 First Avenue Roadway Repairs Project. The project was formally released for bids on May 18th, with bids due on June 1st. The following bids were received: Bidders Total Bid __________ was found to be the lowest responsive and responsible bidder with a total bid cost of __________. It is the Department’s recommendation that award to __________ is in the best interest of the City. The project, as detailed in the attached map, extends from N. Spruce St. to Birch St. along First Avenue. The project will repair severely settled roadway areas with only half of the roadway being resurfaced in most areas. The roadway dates from 1983 with a small portion on N. Spruce St. that is within ADOT’s right of way, which requires permitting and coordination with them. City staff and Nelson Engineering are coordinating on obtaining the necessary approvals. Work is expected to take place this summer with completion before winter sets in. Council’s support is respectfully requested. Page 63 Page 2 of 3 Page 64 Page 3 of 3 Page 65 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-42 A RESOLUTION AUTHORIZING A CONSTRUCTION AGREEMENT AND CORRESPONDING PURCHASE ORDER FOR THE 2023 MISCELLANEOUS ROADWAY REPAIRS PROJECT. WHEREAS, a formal Invitation to Bid was released on May 18, 2023 with bids due on June 1, 2023 for the 2023 Misc. Roadway Repairs project which seeks to repair severely settled asphalt at nine different locations within the City; and, WHEREAS, the locations of these repairs are at the intersection of Haller Street and Fourth Avenue, six intersections in VIP Subdivision, intersection of Eagle Rock Drive and Tern Place, intersection of Eagle Rock Drive and Sandpiper Lane, and the intersection of Silver Salmon Drive and Martin Court; and, WHERES, the total project area of all repairs is approximately 1944 square yards; and, WHEREAS, the following bids were received by the City: Bidders Bid ; and, WHEREAS, __________ was found to be the lowest responsive and responsible bidder; and, WHEREAS, award to __________ is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a construction agreement with __________ in the amount of $__________ for the 2023 Misc. Roadway Repairs Project. Section 2. That the City Manager is authorized to issue a corresponding purchase order to __________ in the total amount of $__________, which includes $__________ in contingency funding in support of the project. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF JUNE, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Page 66 Resolution No. 2023-42 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Michelle M. Saner, MMC, City Clerk Page 67 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: May 30, 2023 SUBJECT: Resolution 2023-42 – 2023 Miscellaneous Roadway Repairs Project This memo seeks Council’s approval to award a construction contract for the 2023 Miscellaneous Roadway Repairs Project. The project was formally released for bids on May 18th, with bids due on June 1st. The following bids were received: Bidders Total Bid __________ was found to be the lowest responsive and responsible bidder with a total bid cost of __________. It is the Department’s recommendation that award to __________ is in the best interest of the City. The project, as detailed in the attached maps, seeks to address roadway settlement issues in nine different locations around the City. The repairs average less than 2000 square feet each in size. Work is expected to take place this summer with completion before winter sets in. Council’s support is respectfully requested. Page 68 Page 2 of 3 Page 69 Page 3 of 3 Page 70 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-43 A RESOLUTION AUTHORIZING A CONSTRUCTION AGREEMENT AND CORRESPONDING PURCHASE ORDER FOR THE KENAI FIRE DEPARTMENT APPARATUS BAY FLOOR REFINISHING PROJECT. WHEREAS, a formal Invitation to Bid was released on May 2, 2023 with bids due on May 18, 2023 for a construction agreement to refinish the concrete floors at the Kenai Fire Department apparatus bays; and, WHERES, the project area is approximately 6000 square feet and involves, grinding, joint filling, polishing, line striping and sealing of concrete flooring surfaces throughout the apparatus garage bays; and, WHEREAS, one bid was received by the City as detailed below: Bidders Bid Pro Grind Alaska Rental LLC $49,250 ; and, WHEREAS, Pro Grind Alaska Rental LLC was found to be the lowest responsive and responsible bidder; and, WHEREAS, award to Pro Grind Alaska Rental LLC is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a construction agreement with Pro Grind Alaska Rental LLC in the amount of $49,250 for Kenai Fire Department Apparatus Bay Floor Refinishing Project. Section 2. That the City Manager is authorized to issue a corresponding purchase order to Pro Grind Alaska Rental LLC in the total amount of $54,250, which includes $5,000 in contingency funding in support of the project. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF JUNE, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 71 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: May 29, 2023 SUBJECT: Resolution 2023-43 – KFD Apparatus Bay Floor Refinishing Project This memo requests Council’s approval for a Construction Contract award to Pro Grind Alaska Rental LLC in the amount of $49,250 in support of the Kenai Fire Department (KFD) Apparatus Bay Floor Refinishing project. The Project was formally bid on May 2, 2023, with bids due on May 18, 2023, and Pro Grind Alaska Rental LLC provided the only bid. Sufficient funding for the Project exists in the Public Safety Capital Project Fund, with the bid received coming in within project estimates. Contingency funding in the amount of $5,000 is requested to address any minor incidental items that may arise during the work. The Project is expected to be completed relatively quickly, with a completion date prior to the end of August anticipated. This work is appropriate maintenance intended to extend the useful life of existing City facilities, providing a safe walking and driving surface that is easy to clean. Photos below show the apparatus bay and floor plan of the work area. Council’s approval is respectfully requested. Page 72 Page 2 of 2 Page 73 KENAI CITY COUNCIL – REGULAR MEETING MAY 17, 2023 – 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 8 May 17, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on May 17, 2023, 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 Deborah Sounart Teea Winger (electronic participation) Alex Douthit Victoria Askin Henry Knackstedt A quorum was present. Also in attendance were: Terry Eubank, City Manager Scott Bloom, City Attorney Larry Semmens, Interim Finance Director Dave Ross, Police Chief Scott Curtin, Public Works Director Katja Wolfe, Library Director Meghan Thibodeau, Deputy City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the Packet: Add to item K.1. City Manager’s Report • Planning & Zoning Midmonth Report • Cemetery Updates Memo MOTION: Council Member Knackstedt MOVED to approve the agenda and consent agenda with the requested revisions, and the removal of item H.2. Council Member Askin SECONDED the motion. The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. There being no one else wishing to comment, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. Page 74 City of Kenai Council Meeting Page 2 of 8 May 17, 2023 *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 ADMINISTRATIVE REPORTS - None. C. SCHEDULED PUBLIC COMMENTS 1. 2023 Meals on Wheels Event, Velda Geller, Kenai Senior Connections. Velda Geller, President of Kenai Senior Connection, thanked Council for their support and attendance at the fundraiser; and presented a $100,000 check to the Kenai Senior Center from the proceeds from the March for Meals event and the Kenai Senior Connection Endowment Fund. D. UNSCHEDULED PUBLIC COMMENTS - None. E. PUBLIC HEARINGS 1. Ordinance No. 3348-2023 - Accepting and Appropriating Funds from the Institute of Museum and Library Services, Passed through the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums, for Library Employee Training. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3348-2023. Council Member Askin 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. Appreciation was stated for Library Director Wolfe’s work in securing the funds. VOTE: YEA: Baisden, Askin, Knackstedt, Douthit, Sounart, Gabriel, Winger NAY: None. MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3349-2023 - Accepting and Appropriating a Donation to the Kenai Community Library for the Purchase of Early Literacy Equipment and Furniture. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3349-2023. 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. Ms. Deborah McCarthy was thanked for her donation. VOTE: YEA: Douthit, Knackstedt, Winger, Sounart, Gabriel, Baisden, Askin NAY: None. MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 3350-2023 - Accepting and Appropriating Grant Funds from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) Page 75 City of Kenai Council Meeting Page 3 of 8 May 17, 2023 MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3350-2023. Council Member Askin 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. Appreciation was stated for Police Chief Ross’s work obtaining the grant. VOTE: YEA: Winger, Sounart, Knackstedt, Douthit, Askin, Baisden, Gabriel NAY: None. MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 3351-2023 - Accepting and Appropriating Funding from the State of Alaska Department of Health and Social Services, Division of Public Health for the Healthy and Equitable Communities Program, and Authorizing the City Manager to Execute a Memorandum of Agreement for this Funding. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3351-2023. Council Member Sounart SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Knackstedt, Douthit, Winger, Gabriel, Baisden, Askin, Sounart NAY: None. MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 3352-2023 - Increasing Estimated Revenues and Appropriation in the Kenai City Dock Improvement, Animal Control Improvement, and Airport Snow Removal Equipment Improvement Capital Project Funds to Transfer Residual Balance from Completed Projects Back to their Original Funding Sources. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3352-2023. Council Member Askin 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. Clarification was provided that the funds represented residual balances from completed projects, and the ordinance would return the funds to their original source. VOTE: YEA: Askin, Knackstedt, Gabriel, Winger, Douthit, Baisden, Sounart NAY: None. MOTION PASSED UNANIMOUSLY. 6. Resolution No. 2023-34 - Awarding a Contract for Ambulance Billing Services. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-34. Council Member Douthit SECONDED the motion. Page 76 City of Kenai Council Meeting Page 4 of 8 May 17, 2023 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. 2023-35 - Authorizing a Service Agreement for the Personal Use Fishery Dumpsters and Portable Restrooms. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-35. Council Member Douthit 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. 2023-36 - Authorizing a Service Agreement to Provide Refueling Services for City Facility Fuel Tanks. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-36. 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. 9. Resolution No. 2023-37 - Authorizing a Reallocation of Funds Within the Municipal Roadway Improvements Capital Project Fund. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-37. Council Member Askin 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. Clarification was provided that the fee shack for the personal use fishery causes a backup of vehicles on South Spruce Street which obstructs traffic; the funds would be used to create a bypass lane to alleviate the backup of traffic; and the funding was from residual grant funds for personal use fishery beach improvements. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. F. MINUTES 1. *Special Meeting of April 27, 2023. (City Clerk) Approved by the consent agenda. 2. *Regular Meeting of May 3, 2023. (City Clerk) Approved by the consent agenda. Page 77 City of Kenai Council Meeting Page 5 of 8 May 17, 2023 G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval - Amending an Employment Agreement between the City of Kenai and City Clerk, Michelle Saner. (Gabriel) Withdrawn from the agenda. 3. *Action/Approval - Amending an Employment Agreement between the City of Kenai and City Attorney, Scott Bloom. (Gabriel) Approved by the consent agenda. 4. *Ordinance No. 3353-2023 - Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the Fiscal Year Commencing July 1, 2023 And Ending June 30, 2024 and Committing $5,761,661 of General Fund, Fund Balance for Future Capital Improvements. (Administration) Introduced by the consent agenda and Public Hearing set for June 7, 2023. 5. *Ordinance No. 3354-2023 - Accepting and Appropriating Grant Funds from the Department of Justice Passed Through the Alaska Internet Crimes Against Children Task Force for the Purchase of Forensic Software. (Administration) Introduced by the consent agenda and Public Hearing set for June 7, 2023. 6. *Ordinance No. 3355-2023 - Amending KMC 13.10.015-Minor Offense Fine Schedule, to Incorporate Prior Amendments to KMC 13.30.030- Street Parking Prohibitions, and the Repeal of KMC 13.30.095- Parking Prohibited on Kenai Avenue. (Legal) Introduced by the consent agenda and Public Hearing set for June 7, 2023. 7. *Ordinance No. 3356-2023 - Amending Kenai Municipal Code Title 23—Personnel Regulations to Address Recruitment and Retention of Employees and Make Housekeeping Changes. (Administration) Introduced by the consent agenda and Public Hearing set for June 7, 2023. 8. Action/Approval - Special Use Permit to Rogue Wave Processing for Aircraft Loading and Parking Space Related to Fish Haul Operations. (Administration) MOTION: Council Member Knackstedt MOVED to approve the Special Use Permit to Rogue Wave Processing. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 9. Action/Approval - Memorandum of Agreement with Ted Stevens Anchorage International Airport for Use of the Alaska Regional Aircraft Fire Training Center. (Administration) MOTION: Council Member Knackstedt MOVED to approve the Memorandum of Agreement with Ted Stevens Anchorage International Airport. Council Member Sounart SECONDED the motion. Page 78 City of Kenai Council Meeting Page 6 of 8 May 17, 2023 Clarification was provided that the City had entered into a Memorandum of Agreement with the State of Alaska for rental of the Alaska Regional Aircraft Fire Training Center to provide aircraft rescue firefighting training to rural airport staff; and the same agreement was being extended to the fire department at Ted Stevens Anchorage International Airport. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 10. Action/Approval - Extending the Agreement for Tourism and Marketing Services with Divining Point, LLC for One Year. (Administration) MOTION: Council Member Knackstedt MOVED to approve the extension of the Agreement for Tourism and Marketing Services with Divining Point. Council Member Douthit SECONDED the motion. Concerns were expressed about the quality of work and marketing results that this contract has produced; it was noted that funds for marketing would be better spent locally than on an out-of-state company. Clarification was provided that the City had asked for a reduced scope of work from the consultant, focusing on local content and management of the ilovekenai website; and the new scope would decrease the marketing cost by $20,000 from the previous fiscal year. There was discussion regarding the possibility of working with the Kenai Chamber of Commerce on marketing initiatives in the future and ending the agreement with Divining Point; and it was suggested that more time was needed to have further discussions with the Chamber on their capabilities. MOTION TO POSTPONE: Council Member Knackstedt MOVED to postpone to the June 7, 2023 City Council Meeting. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to postpone. VOTE ON POSTPONEMENT: There being no objection; SO ORDERED. I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Council Member Sounart reported on the May 11, 2023 regular meeting. 2. Airport Commission Council Member Douthit reported on the May 11, 2023 regular meeting. 3. Harbor Commission No report. 4. Parks and Recreation Commission Council Member Knackstedt reported on the May 4, 2023 special meeting and work session. 5. Planning and Zoning Commission Vice Mayor Baisden reported that there would be a joint work session with the Beautification Committee on May 18, 2023; next regular meeting May 24, 2023. 6. Beautification Committee Council Member Winger reported that there would be a joint work session with the Planning & Zoning Commission on May 18, 2023. J. REPORT OF THE MAYOR Page 79 City of Kenai Council Meeting Page 7 of 8 May 17, 2023 Mayor Gabriel reported on the following: • Noted the passing of Coach Dan Gensel, and extended condolences to his family. • Memorial Day ceremonies will take place at the Kenai Municipal Cemetery and Leif Hansen Memorial Park. K. ADMINISTRATION REPORTS 1. City Manager – City Manager Eubank reported on the following: • First Quarter 2023 sales tax data from the Borough shows increase; City of Kenai only the jurisdiction that saw year-over-year growth in the first quarter of 2023. • Joint work session with Planning & Zoning Commission and Beautification Committee tomorrow on the Storefront and Streetscape Improvement Program. • Kickoff meeting for the Old Town Playground design envisioning tomorrow, including members from the Kenaitze Indian Tribe, Salamatof Native Association, and the Kenai Art Center. • Bid releases for three road projects tomorrow: Willow Street Phase I, First Street repairs and miscellaneous repairs at various sites. • Third recruitment for Finance Director position ongoing; in final phases of Parks & Recreation Director recruitment. • Construction underway at the Kenai Dog Park. • Visitor Center re-roofing is almost complete. • Rec Center work begins next week. • Bluff project update: waiting on agreement from the Army Corps of engineers; acquisition of the final piece of property required for the project was finally secured by City Attorney Bloom. • Meeting with Alaska Gasline Development Corporation on June 15 to discuss the Nikiski L&G project. • Spruce Bark Beetle Slash Site will open on May 19. • Eubank will be out of the office May 30-June 2. 2. City Attorney – City Attorney Bloom reported on the following: • A Kenai Peninsula Borough ordinance will make changes to the composition of its Planning Commission; he is recommending an amendment that would make sure the City can forward a list of applicants. If passed, the ordinance would guarantee the City a seat, and potentially 3 seats. 3. City Clerk – No report. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) Samantha Springer, Executive Director of the Kenai Chamber of Commerce, explained that the Chamber is redoing its website and because they are already engaged in this process it would be possible to manage the ilovekenai website at the same time. Marian Nelson reported on upcoming shows at the Kenai Art Center in June and July, and the Kenai Potters’ Guild 50th anniversary celebration with a Kenai River Brewing Company beer launch; reminded everyone that First Thursday art openings will now be held on First Fridays; and stated that the Art Center may be receiving funds they intend to spend on a storage unit. 2. Council Comments Page 80 City of Kenai Council Meeting Page 8 of 8 May 17, 2023 Council Member Winger congratulated the Kenai Central High School class of 2023 graduates, including Student Representative Silas Thibodeau; and reported on the end of the Whaler wrestling season, noting that there was a clean sweep in all divisions and that they were grand champions. Council Member Douthit reported that with the help of Acting Parks and Recreation Director Best and Chamber of Commerce interns a life-size beluga whale statue was placed in the Visitor Center, and an antique cash register was recovered. Council Member Sounart thanked Chamber Director Samantha Springer for being willing to speak to the Council about the Chamber’s marketing capabilities; thanked City Attorney Bloom for securing the last piece of property needed for the bluff project; and reported that she had participated as a judge in a State music festival. Council Member Askin thanked Council Member Douthit for filling in for her at the Airport Commission; congratulated the Kenai Central High School class of 2023; and expressed appreciation for the Administration in their hard work to secure project funding. Vice Mayor Baisden discussed tree stump disposal; congratulated Kenai Kardinal graduates; reported on the upcoming regional soccer tournament, noting the Kenai girls team finished their regular season undefeated. He thanked the Administration for the cemetery update memo, and noted he would like to see a columbarium in the new cemetery which could accommodate veterans’ plaques; and expressed concerns about the direction of the budget, with expenditures outpacing revenues. Council Member Knackstedt thanked Council for appropriating funds to fix the Rec Center floor; thanked City Attorney Bloom for acquiring the signatures to secure the last piece of land for the bluff project; and discussed the high quality of education, teachers and programs in Kenai schools, noting that both of his daughters who attended City schools have gone on to achieve doctorates. M. EXECUTIVE SESSION - None. N. PENDING ITEMS - None. O. ADJOURNMENT P. INFORMATIONAL ITEMS - None. There being no further business before the Council, the meeting was adjourned at 7:19 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of May 17, 2023. ___________________________________ Michelle M. Saner, MMC City Clerk Page 81 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Terry Eubank, City Manager DATE: May 8, 2023 SUBJECT: Divining Point, LLC Tourism and Marketing Services Agreement In 2019, the City solicited competitive proposals from contractors to provide Kenai Tourism and Marketing Services to promote Kenai. Divining Point, LLC was the successful proposer for a three-year term of July 1, 2019 through June 30, 2022 that may be extended for two successive one-year terms by mutual consent of the parties at the discretion of the City Manager. The first extension was exercised in 2022 with a project budget of $70,300 for marketing services authorized by the FY23 Budget. Divining Point, LLC would like to extend the agreement for the remaining one year and has worked with Administration on a project scope with a proposed FY24 budget of $50,500. The proposed scope includes a focus on working and shopping in Kenai, updates to the ilovekenai website (design, support, maintenance, hosting, and content creation), social media management, print advertisements, and advertising and design support for Kenai events. Except as expressly modified or stated herein, all other terms and conditions of the agreement remain in full force and effect. Suggested Motion: Your consideration is appreciated. I move that the City Manager is authorized to extend the Marketing Services Agreement with Divining Point, LLC for one year with a termination date of June 30, 2024 and all other terms and conditions of the agreement remain in full force and effect. Page 82 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Christine Cunningham, Acting City Manager DATE: May 30, 2023 SUBJECT: Divining Point, LLC Tourism and Marketing Services Agreement On May 22, 2023, Divining Point, LLC notified the City that it does not wish to extend the agreement to provide Kenai Tourism and Marketing Services for the City of Kenai. Divining Point, LLC was the successful proposer for a three-year term of July 1, 2019 through June 30, 2022 that may be extended for two successive one-year terms by mutual consent of the parties. The first one-year extension was exercised in 2022, and the current agreement expires June 30, 2023. Action to extend the agreement for the final one-year term was scheduled for the May 17 Council meeting and postponed to the June 7, 2023 meeting. Based on the attached notice provided by Divining Point, LLC, no action to extend the agreement is needed at this time. Your consideration is appreciated. Attachment Page 83 Date: May 22nd, 2023 Subject: Termination of Marketing Services Contract with City of Kenai Dear Terry Eubank, I am writing to formally notify you that Divining Point will not be renewing its one-year contract to provide marketing services for the City of Kenai, which is due to expire on June 30th, 2023. This decision has been made after much deliberation and careful consideration. In accordance with the terms outlined in our current contract, we will continue to deliver our services as usual until the expiration date. Furthermore, we will make every effort to ensure a smooth and efficient transition to your new service provider or manager. To this end, Divining Point is committed to transferring all relevant digital assets to the designated party chosen by the City of Kenai. This includes: ● Photography and videography deliverables ● Organic social media account credentials and transfer of ownership ● Website assets for the 'I Love Kenai' and 'Kenai Silver Salmon Derby' websites ● Logins for the Eventbrite sponsorship platform for the Kenai Silver Salmon Derby ● All logo designs, completed ad designs, and banner design files In addition, we will provide a comprehensive list of hosting requirements and plugins necessary for the upkeep and sustainability of both the 'I Love Kenai' and 'Kenai Silver Salmon Derby' websites. We take our commitment to the City of Kenai seriously, and we aim to ensure that this process is seamless and as least disruptive as possible. Once the transfer of assets is complete, we will shut down all services and archive all files associated with the City of Kenai on July 1st, 2023. Our team is available for any clarifications or further discussions on the matter. Thank you for the opportunity to serve the City of Kenai. We have deeply valued our relationship and collaboration. Sincerely, Coy West CEO Divining Point Page 84 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: JUNE 7, 2023 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS PERS VARIOUS LIABILITY 98,338.82 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 109,071.02 ENSTAR NATURAL GAS GAS USAGE VARIOUS UTILITIES 44,459.16 PREMERA MAY PREMIUM VARIOUS INSURANCE 205,517.16 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. Page 85 PURCHASE ORDERS OVER $35,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: JUNE 7, 2022 VENDOR DESCRIPTION DEPT. INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # -DEPT. NALCO COMPANY FY23 PROPRIETARY CHEMICALS 124915-WATER HDL ENGINEERING CONSULTANTS KMA RUNWAY& TAXIWAY REHAB 122479 -A/PIMPS. ACCOUNT AMOUNT REASON AMOUNT TOTAL PO AMT THROUGH REMAINING FISCAL YEAR 16,500.00 86,500 .00 ADDITIONAL ENVIRONMENTAL ANALYSIS 49,756.00 1,081,589.00 Page 86 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: May 29, 2023 SUBJECT: Purchase Order Increase – Nalco Company LLC This memo is to request an increase to Nalco Company LLC’s annual Purchase for the supply of proprietary chemicals for the Water Treatment Plant. Purchase Order 124915 will increase from $70,000 to $86,500, an increase of $16,500. This purchase will allow sufficient chemicals to carry into the next fiscal year while maintaining current fiscal year pricing. Sufficient budget for this purchase resides in the Water Operating Repair & Maintenance Supply account. Account information below: 010-465-2022 Water Operating Repair & Maintenance Supply - $16,500 Nalco Company LLC Purchase Order 124915 revised to $86,500 Council’s approval is respectfully requested. Page 87 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: May 29, 2023 SUBJECT: Purchase Order Increase – HDL Engineering Consultants LLC This memo is to request an increase to HDL Engineering Consultants LLC Purchase Order 122479 for the Kenai Municipal Airport (KMA) Runway & Taxiway Rehabilitation Design project from $1,031,833 to $1,081,589, an increase of $49,756, to conduct additional environmental analysis as requested and required by Federal authorities having jurisdiction. This work is necessary to comply with the Federal Aviation Administration (FAA) grant requirements. The project which is currently at a 35% design status, is working towards a construction start in the summer of 2025, contingent upon receipt of Federal grant funds. The current total estimated cost for this project is approximately $34,000,000. As such the fees to date are appropriate based on the magnitude of the contracted work. Design work will continue through the year with the intent of having bid ready documents for the summer 2024 with a construction start on the runway in the summer of 2025, Taxiway A in 2026. The Airport is currently providing all of the funding for project design. All of these costs will be attributed to the eventual project grant as the City’s share of project costs. That percentage is currently 6.25% which equates to $2,125,000 on a $34,000,000 total project cost. Sufficient funding resides in the Airport Improvements Capital Project Fund to cover the requested cost for this purchase order increase request. The Capital Improvement Plan includes funding for the additional amount needed in support of the project for 2025 & 2026. Account information below: 342-450-8098 Airport Improvements Capital Project Fund - $49,756 HDL Engineering Consultants LLC Purchase Order 112479 revised to $1,081,589 Council’s approval is respectfully requested. Page 88 MEMORANDUM TO: Council Members THROUGH: Shellie Saner, City Clerk FROM: Meghan Thibodeau, Deputy City Clerk DATE: March 31, 2023 SUBJECT: Harbor Commission Appointment The December 2022 resignation of Branden Bornemann left a vacancy on the Harbor Commission; and, on May 30, 2023 an application was received from Lisa Gabriel expressing interest in serving on the Harbor Commission. Pursuant to Kenai Municipal Code 1.90.010 members are nominated by the Mayor and confirmed by the City Council. Vice Mayor Baisden has requested Council confirmation of the following appointment to the Harbor Commission: Lisa Gabriel - Partial Term Ending December 31, 2025. Your consideration is appreciated. Page 89 From:Lisa J Gabriel To:City Clerk Subject:Form submission from: Commission/Committee Application (Webform) Date:Tuesday, May 30, 2023 12:04:17 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Tuesday, May 30, 2023 - 11:10am Submitted by anonymous user: 66.230.104.44 Submitted values are: Date Tue, 05/30/2023 Name Lisa J Gabriel Resident of City of Kenai? Yes If resident, how long? 35 years Residence Address 2305 Watergate Way Mailing Address 2305 Watergate Way Home Telephone 9072529524 Home Fax Business Telephone Business Fax Commercial Fisherman Email address gabriel1@alaska.net May we include your contact information on our website? Yes If not all, what may we include? Employer Retired Job Title Commercial Fisherman Name of Spouse Brian G. Gabriel Sr. Current Membership Organization Kenai River Special Management Area Board, Kenai Peninsula Fishermen's Association, Kenai/Soldotna Fish and Game Advisory Board Past organizational memberships Beautification Committee Committees or commissions in which you are interested Harbor Commission Why do you want to be involved with this commission or committee? I am a property owner in the City of Kenai at the mouth of the Kenai River. I am also a sportfisherman and commercial fisherman. I am interested in the development and activities that are in the future for the Kenai harbor. What background, experience, or credentials do you possess to bring the board, commission, or committee membership? I served on Beautification Committee for the past 13 years. I am a member of the community and have participated in the Riverfront Revitalization work sessions and development of the last comprehensive plan. I am a commercial fisherman, homeowner and sport fisherman. The activities that occur in the mouth of the Kenai River effect me because I live and recreate in the area of the Kenai River mouth. The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/10959 Page 90 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Eland Conway, Airport Manager DATE: May 31, 2023 SUBJECT: Action Approval – Special Use Permit State of Alaska, DNR–Division of Forestry The purpose of this memo is to request approval of a Special Use Permit for the State of Alaska, Department of Natural Resources–Division of Forestry for a three-month term from May 1, 2023 through July 31, 2023. The Permit is for aircraft loading and parking on 30,000 square feet of apron space adjacent to their lease lot for firefighting related activity. The signatory apron rental rate is: May 2023 – June 2023 $0.58 per square foot, per year $1,450 per month July 2023 $0.61 per square foot, per year $1,525 per month The State of Alaska is current on all fees owed, and they are self-insured. Thank you for your support and consideration. Attachment(s) Page 91 Special Use Permit—DNR/Forestry (Parking) Page 1 of 7 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES/DIVISION OF FORESTRY (Permittee), whose address is 550 W. Seventh Avenue, Suite 1450, Anchorage, AK 99501-3566, a Special Use Permit to conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 30,000 square feet as described in the attached diagram shown in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for three months commencing on May 1, 2023, and ending on July 31, 2023. Regardless of the date of signature, this Permit shall be effective as of May 1, 2023. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee plus applicable sales tax as follows: May - June $1,450.00 ($0.58/SF/Year) July $1,525.00 ($0.61/SF/Year) B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination). Page 92 Special Use Permit—DNR/Forestry (Parking) Page 2 of 7 4. Use. City authorizes Permittee’s non-exclusive use of the Premises for the following purpose(s): Aircraft loading and parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re-assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee’s use only and may not be transferred or assigned. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety Page 93 Special Use Permit—DNR/Forestry (Parking) Page 3 of 7 of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 8. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee’s insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per- occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee’s fuel handling activities. The policy must name the City as an additional insured. B. Worker’s compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker’s compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-”or better by A.M. Best. Page 94 Special Use Permit—DNR/Forestry (Parking) Page 4 of 7 ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by May 1, 2023. The effective date of the insurance shall be no later than May 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. 10. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City’s staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee’s activities on or use of the Premises, Permittee’s access to the Kenai Municipal Airport, and/or Permittee’s exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. Page 95 Special Use Permit—DNR/Forestry (Parking) Page 5 of 7 12. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 13. No Discrimination. Permittee shall not discriminate against any person because of the person’s race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 14. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 15. Compliance with Law/Grant Assurances. This Permit, and Permittee’s activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport’s eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City’s grant assurances and federal obligations. 16. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 17. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 18. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 19. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 20. Personality. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by Page 96 Special Use Permit—DNR/Forestry (Parking) Page 6 of 7 the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 21. Termination; Default. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety or due to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 22. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City’s comprehensive schedule of rates, charges and fees. Permittee shall make payment within 30 days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take-off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 23. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90 days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than 30 days nor less than seven days before the time of the auction. Page 97 Special Use Permit—DNR/Forestry (Parking) Page 7 of 7 CITY OF KENAI SOA DNR, DIVISION OF FORESTRY By: By: Terry Eubank Date Michael Burkhead Date City Manager Procurement Specialist, Division of Forestry ACKNOWLEDGMENTS 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 TERRY EUBANK, 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 MICHAEL BURKHEAD, Procurement Specialist, DNR/Division of Forestry, on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Page 98 Exhibit A ENA SUP - State of Alaska DNR - Division of Foresty 150' x 200' (30,000 SF) N ➤➤ N Image © 2023 CNES / Airbus Image © 2023 CNES / Airbus Image © 2023 CNES / Airbus Page 99 150' x 200' Page 1 Page 100 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Eland Conway, Airport Manager DATE: May 31, 2023 SUBJECT: Action Approval – Special Use Permit Alaska Geographic The purpose of this memo is to request approval of a Special Use Permit for Alaska Geographic for a twelve-month term from July 1, 2023 through June 31, 2024. The SUP identifies 9.52 square feet of space in the terminal. The Permit is for vending kiosk to sell interpretive products that entertain and educate visitors about Alaska’s public lands. A portion of every purchase is donated to the Kenai Wildlife Refuge. The inventory will be monitored remotely and serviced by the Kenai National Wildlife Refuge store manager in Soldotna. The terminal rental rate is: July 2023 – June 2024 $39.19 per square foot, per year $373.09 per year Alaska Geographic is current on all fees owed, and has provided a current Certificate of Insurance. Thank you for your support and consideration. Attachment(s) Page 101 Special Use Permit FY2024—Alaska Geographic Page 1 of 4 SPECIAL USE PERMIT THE CITY OF KENAI (CITY) for the considerations and pursuant to the conditions and requirements set forth below, hereby grants ALASKA GEOGRAPHIC (PERMITTEE), whose address is 421 W. 1st Ave, Suite 250, Anchorage, AK 99501, the non-exclusive right to use that area described below: An area in the Kenai Airport Terminal approximately 3.4 feet by 2.8 feet in size (9.52 SF) 1. TERM. The term of this Permit shall be for 1 year commencing on July 1, 2023, and ending on June 30, 2024. 2. PERMIT FEES. The annual fee for this permit is $373.09 ($39.19/SF/Year) plus applicable sales tax. 3. USE. The use of the Premises by Permittee is for the purpose of placing a vending kiosk to sell interpretive products that entertain and educate visitors about Alaska’s public lands. A portion of every purchase is donated to its host park, refuge or forest. The inventory will be monitored remotely and serviced by Kenai National Wildlife Refuge store manager in Soldotna. 4. LICENSES AND PERMITS; LAWS. Permittee shall adhere to all federal, state, and local laws, ordinances, and regulations while conducting its activities on the Premises. Permittee shall obtain and maintain all required federal, state, and local licenses, permits, certificates, and other documents required for Permittee’s operations under the Permit. Permittee shall provide proof of compliance to the City upon request by the City. 5. NO EXCLUSIVITY. This Permit is not intended to grant any exclusive use to the described Premises. 6. INSURANCE. Permittee shall provide proof of insurance coverage, including worker’s compensation, if necessary, in an amount satisfactory to the City Manager, and listing the City as an additional insured. 7. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. Permittee agrees to indemnify, defend, and hold the City, its agents, and employees harmless from and against any and all liability, loss, suit, claim, judgment, fine, demand, damage, penalty, property damage, or personal injury of whatever kind, including sums paid in settlements of claims, attorney fees, consultant fees, expert fees, or costs incurred arising from or connected with the Permittee's use or occupation of the Premises. Permittee shall give the Page 102 Special Use Permit FY2024—Alaska Geographic Page 2 of 4 City of Kenai reasonable notice of any such claims or actions. However, Permittee shall not be responsible for any damage or claims from the sole negligence, activities, or omission of the City or its agents or employees. 8. PERSONALITY. Permittee is solely responsible for the maintenance of the kiosk. Permittee must keep the kiosk and all other materials on the Premises clean and in good condition. Permittee shall remove any and all personal property from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. The City of Kenai is not responsible for any damage to or theft of any 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: Alaska Geographic Executive Director Andy Hall Page 103 Special Use Permit FY2024—Alaska Geographic Page 3 of 4 421 W. 1st Ave, Ste. 250 Anchorage, AK 99501 (907) 771-8400 The contact information for City for purposes of notice and all communications from Permittee to City is: Airport Administration 305 North Willow, Suite 200 Kenai, Alaska 99611 Telephone: (907) 283-8281 15. RIGHTS OR REMEDIES. No right or remedy herein conferred upon or reserved to each respective party is intended to be exclusive of any other right or remedy. Each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity. 16. GOVERNING LAW; VENUE. The laws of State of Alaska will determine the interpretation of this Agreement and the performance thereof. Any lawsuit brought thereon shall be filed in the Third Judicial District at Kenai, Alaska. 17. AUTHORITY. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terms and conditions herein and that the person signing this Permit is authorized to bind Permittee. Page 104 Special Use Permit FY2024—Alaska Geographic Page 4 of 4 CITY OF KENAI By: ______________________________ Terry Eubank, City Manager ALASKA GEOGRAPHIC By: ______________________________ Andy Hall, Executive Director Approved as to form: ___________________ Scott Bloom City Attorney STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the ____ day of ____________, 2023, the foregoing instrument was acknowledged before me by TERRY EUBANK, 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 ANDY HALL, Executive Director of Alaska Geographic, an Alaska non-profit corporation, on behalf of the corporation. ________________________________ Notary Public for Alaska My Commission Expires: __________ Page 105 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Eland Conway, Airport Manager DATE: May 31, 2023 SUBJECT: Action Approval – Special Use Permit Alaska Air Fuel The purpose of this memo is to request approval of a Special Use Permit for Alaska Air Fuel for a twelve-month term from July 1, 2023 through June 31, 2024. The Permit is for aircraft loading and parking on 15,000 square feet of apron space adjacent to their lease lot for aircraft parking and loading. The signatory apron rental rate is: July 2023 – June 2024 $0.61 per square foot, per year $762.50 per month Alaska Air Fuel is current on all fees owed, and they are self-insured. Thank you for your support and consideration. Attachment(s) Page 106 Special Use Permit—Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 1 of 8 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to ALASKA AIR FUEL, INC. (Permittee), whose address is 3700 W. Aviation Avenue, Wasilla, AK 99654, a Special Use Permit to conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 15,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2023 and ending on June 30, 2024. Regardless of the date of signature, this Permit shall be effective as of July 1, 2023. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $762.50 ($0.61/SF/Year) plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) 4. Use. City authorizes Permittee’s non-exclusive use of the Premises for the following purpose(s): Page 107 Special Use Permit—Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 2 of 8 Aircraft Loading & Parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re-assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee’s use only and may not be transferred or assigned. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. Page 108 Special Use Permit—Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 3 of 8 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 8. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee’s insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per- occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee’s fuel handling activities. The policy must name the City as an additional insured. B. Worker’s compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker’s compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, Page 109 Special Use Permit—Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 4 of 8 or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by July 1, 2023. The effective date of the insurance shall be no later than July 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. 10. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City’s staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee’s activities on or use of the Premises, Permittee’s access to the Kenai Municipal Airport, and/or Permittee’s exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated Page 110 Special Use Permit—Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 5 of 8 to protect asphalt from adverse effects of petroleum product spills. The City requires that Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the discharge of petroleum products or hazardous materials due to Permittee’s use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee’s fuel dispensing equipment at all times. Permittee must comply with the Airport’s Storm Water Pollution Prevention Plan as appropriate to Permittee’s activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above-ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft-parking ramp, inside an aircraft hangar, or within 50’ of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations’ “Standard for Aircraft Fueling Servicing” in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. Page 111 Special Use Permit—Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 6 of 8 14. No Discrimination. Permittee shall not discriminate against any person because of the person’s race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 15. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 16. Compliance with Law/Grant Assurances. This Permit, and Permittee’s activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport’s eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City’s grant assurances and federal obligations. 17. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 20. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 21. Personality. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personality of Permittee or of its customers. Page 112 Special Use Permit—Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 7 of 8 22. Termination; Default. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety or due to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City’s comprehensive schedule of rates, charges and fees. Permittee shall make payment within 30 days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take-off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90 days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than 30 days nor less than seven days before the time of the auction. 25. Definitions. As used in this Permit, “Permittee” means Alaska Air Fuel, Inc. and where the context reasonably indicates, its officers, agents, and employees. “Airport” means the Kenai Municipal Airport. CITY OF KENAI ALASKA AIR FUEL, INC. By: By: Terry Eubank Date John Sliwinski Date City Manager Vice President Page 113 Special Use Permit—Alaska Air Fuel, Inc. (Apron Aircraft Loading & Parking) Page 8 of 8 ACKNOWLEDGMENTS 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 TERRY EUBANK, 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 JOHN SLIWINSKI, Vice President, Alaska Air Fuel, Inc., on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Page 114 Exhibit A ENA SUP - Alaska Air Fuel 200' x 60' (12,000 SF) N ➤➤ N Image © 2023 CNES / Airbus Image © 2023 CNES / Airbus Image © 2023 CNES / Airbus Page 115 SUP - Alaska Air Fuel 150' x 100' Page 1 Page 116 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Eland Conway, Airport Manager DATE: May 31, 2023 SUBJECT: Action Approval – Special Use Permit Crowley Fuels LLC The purpose of this memo is to request approval of a Special Use Permit for Crowley Fuels LLC for a twelve-month term from July 1, 2023 through June 31, 2024. The Permit is for aircraft loading and parking on 35,000 square feet of apron space adjacent to their lease lot for aircraft parking and loading. The non-signatory apron rental rate is: July 2023 – June 2024 $1.33 per square foot, per year $3,879.17 per month Crowley Fuels LLC is current on all fees owed, and they are self-insured. Thank you for your support and consideration. Attachment(s) Page 117 Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 1 of 8 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to CROWLEY FUELS LLC (Permittee), whose address is 201 Arctic Slope Ave., Anchorage, AK 99518, a Special Use Permit for the fueling area on the apron at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 35,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2023 and ending on June 30, 2024. Regardless of the date of signature, this Permit shall be effective as of July 1, 2023. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $3,879.17 ($1.33/SF/Year) plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) 4. Use. City authorizes Permittee’s non-exclusive use of the Premises for the following purpose(s): Page 118 Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 2 of 8 Aviation Fueling on Apron Fueling Area. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re-assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee’s use only and may not be transferred or assigned. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. Page 119 Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 3 of 8 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 8. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee’s insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per- occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee’s fuel handling activities. The policy must name the City as an additional insured. B. Worker’s compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker’s compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Page 120 Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 4 of 8 Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least thirty (30) days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by July 1, 2023. The effective date of the insurance shall be no later than July 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. 10. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City’s staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee’s activities on or use of the Premises, Permittee’s access to the Kenai Municipal Airport, and/or Permittee’s exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the Page 121 Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 5 of 8 discharge of petroleum products or hazardous materials due to Permittee’s use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee’s fuel dispensing equipment at all times. Permittee must comply with the Airport’s Storm Water Pollution Prevention Plan as appropriate to Permittee’s activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above-ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft-parking ramp, inside an aircraft hangar, or within 50’ of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations’ “Standard for Aircraft Fueling Servicing” in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 14. No Discrimination. Permittee shall not discriminate against any person because of the person’s race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly Page 122 Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 6 of 8 discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 15. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 16. Compliance with Law/Grant Assurances. This Permit, and Permittee’s activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport’s eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City’s grant assurances and federal obligations. 17. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 20. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 21. Personalty. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 22. Termination; Default. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety or due Page 123 Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 7 of 8 to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City’s comprehensive schedule of rates, charges and fees. Permittee shall make payment within 30 days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take-off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90 days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than 30 days nor less than seven days before the time of the auction. 25. Definitions. As used in this Permit, “Permittee” means Crowley Fuels LLC., and where the context reasonably indicates, its officers, agents, and employees. “Airport” means the Kenai Municipal Airport. Page 124 Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 8 of 8 CITY OF KENAI CROWLEY FUELS LLC By: By: Terry Eubank Date Richard W. Meidel Date City Manager Vice President ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of _____________, 2023, the foregoing instrument was acknowledged before me by TERRY EUBANK, 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 Richard W. Meidel, Vice President, Crowley Fuels LLC, on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Page 125 Exhibit A ENA SUP - Crowley Fuel Services 150' x 200' + 80' x 62.5' (35,000 SF) N ➤➤ N Image © 2023 CNES / Airbus Image © 2023 CNES / Airbus Image © 2023 CNES / Airbus Page 126 150 Page 1 Page 127 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Eland Conway, Airport Manager DATE: May 31, 2023 SUBJECT: Action Approval – Special Use Permit Empire Airlines INC The purpose of this memo is to request approval of a Special Use Permit for Empire Airlines INC for a twelve-month term from July 1, 2023 through June 31, 2024. The Permit is for aircraft loading and parking on 11,250 square feet of apron space adjacent to their lease lot for aircraft parking and loading. The non-signatory apron rental rate is: July 2023 – June 2024 $1.33 per square foot, per year $1,246.88 per month Empire Airlines INC is current on all fees owed, and they are self-insured. Thank you for your support and consideration. Attachment(s) Page 128 Special Use Permit—Empire Airlines, Inc. (Aircraft Loading and Parking) Page 1 of 7 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to EMPIRE AIRLINES, INC. (Permittee), whose address is 11559 N. Atlas Road, Hayden, ID 83835, a Special Use Permit for the purpose of aircraft parking at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 11,250 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2023 and ending on June 30, 2024. Regardless of the date of signature, this Permit shall be effective as of July 1, 2023. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $1,246.88 ($1.33/SF/Year) plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of one hundred dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of ten percent (10%) per annum, and penalty of ten percent (10%) shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) Page 129 Special Use Permit—Empire Airlines, Inc. (Aircraft Loading and Parking) Page 2 of 7 4. Use. City authorizes Permittee’s non-exclusive use of the Premises for the following purpose(s): Aircraft Loading and Parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re-assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee’s use only and may not be transferred or assigned. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. Page 130 Special Use Permit—Empire Airlines, Inc. (Aircraft Loading and Parking) Page 3 of 7 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 8. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee’s insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per- occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee’s fuel handling activities. The policy must name the City as an additional insured. B. Worker’s compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker’s compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance Page 131 Special Use Permit—Empire Airlines, Inc. (Aircraft Loading and Parking) Page 4 of 7 coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least thirty (30) days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by July 1, 2022. The effective date of the insurance shall be no later than July 1, 2022. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 10. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City’s staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee’s activities on or use of the Premises, Permittee’s access to the Kenai Municipal Airport, and/or Permittee’s exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 12. Hazardous Substances and Materials. Permittee shall conform and be subject to Page 132 Special Use Permit—Empire Airlines, Inc. (Aircraft Loading and Parking) Page 5 of 7 the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 13. No Discrimination. Permittee shall not discriminate against any person because of the person’s race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 14. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 15. Compliance with Law/Grant Assurances. This Permit, and Permittee’s activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport’s eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City’s grant assurances and federal obligations. 16. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 17. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 18. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 19. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 20. Personality. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment Page 133 Special Use Permit—Empire Airlines, Inc. (Aircraft Loading and Parking) Page 6 of 7 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 or of its customers. 21. Termination; Default. This Permit may be terminated by either party hereto by giving thirty (30) days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than thirty (30) days, to protect public health and safety or due to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 22. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City’s comprehensive schedule of rates, charges and fees. Permittee shall make payment within thirty (30) days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take-off weight reports within ten (10) days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 23. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within ninety (90) days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three (3) consecutive weeks not more than thirty (30) days nor less than seven (7) days before the time of the auction. 24. Definitions. As used in this Permit, “Permittee” means Empire Airlines, Inc. and where the context reasonably indicates, its officers, agents, and employees. “Airport” means the Kenai Municipal Airport. Page 134 Special Use Permit—Empire Airlines, Inc. (Aircraft Loading and Parking) Page 7 of 7 CITY OF KENAI EMPIRE AIRLINES, INC. By: By: Terry Eubank Date Randy Lanfell Date City Manager Director of Flight Operations ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of _____________, 2023, the foregoing instrument was acknowledged before me by TERRY EUBANK, 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 RANDY LANFELL, Director of Flight Operations, Empire Airlines, Inc., on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: Approved as to Form: ___________________ Scott Bloom City Attorney Page 135 Exhibit A ENA SUP - Empire Airlines 200' x 60' (12,000 SF) N ➤➤ N Image © 2023 CNES / Airbus Image © 2023 CNES / Airbus Image © 2023 CNES / Airbus Page 136 Temporary Places Page 1 Page 137 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Eland Conway, Airport Manager DATE: May 31, 2023 SUBJECT: Action Approval – Special Use Everts Air Fuel INC The purpose of this memo is to request approval of a Special Use Permit for Everts Air Fuel INC for a twelve-month term from July 1, 2023 through June 31, 2024. The Permit is for aircraft loading and parking on 30,000 square feet of apron space adjacent to their lease lot for aircraft parking and loading. The non-signatory apron rental rate is: July 2023 – June 2024 $1.33 per square foot, per year $3,325.00 per month Everts Air Fuel INC is current on all fees owed, and they are self-insured. Thank you for your support and consideration. Attachment(s) Page 138 Special Use Permit—Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 1 of 8 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to EVERTS AIR FUEL, INC. (Permittee), whose address is P.O. Box 60908, Fairbanks, AK 99706, a Special Use Permit to conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 30,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2023 and ending on June 30, 2024. Regardless of the date of signature, this Permit shall be effective as of July 1, 2023. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $3,325.00 ($1.33/SF/Year) plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) 4. Use. City authorizes Permittee’s non-exclusive use of the Premises for the following purpose(s): Page 139 Special Use Permit—Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 2 of 8 Aircraft Loading and Parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re-assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee’s use only and may not be transferred or assigned. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. Page 140 Special Use Permit—Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 3 of 8 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 8. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee’s insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per- occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee’s fuel handling activities. The policy must name the City as an additional insured. B. Worker’s compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker’s compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, Page 141 Special Use Permit—Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 4 of 8 or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by July 1, 2023. The effective date of the insurance shall be no later than July 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. 10. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City’s staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee’s activities on or use of the Premises, Permittee’s access to the Kenai Municipal Airport, and/or Permittee’s exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Page 142 Special Use Permit—Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 5 of 8 Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the discharge of petroleum products or hazardous materials due to Permittee’s use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee’s fuel dispensing equipment at all times. Permittee must comply with the Airport’s Storm Water Pollution Prevention Plan as appropriate to Permittee’s activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above-ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft-parking ramp, inside an aircraft hangar, or within 50’ of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations’ “Standard for Aircraft Fueling Servicing” in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 14. No Discrimination. Permittee shall not discriminate against any person because of the person’s race, creed, color national origin, sex, age, or handicap. Permittee recognizes Page 143 Special Use Permit—Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 6 of 8 the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 15. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 16. Compliance with Law/Grant Assurances. This Permit, and Permittee’s activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport’s eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City’s grant assurances and federal obligations. 17. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 20. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 21. Personalty. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personality of Permittee or of its customers. Page 144 Special Use Permit—Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 7 of 8 22. Termination; Default. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety or due to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City’s comprehensive schedule of rates, charges and fees. Permittee shall make payment within 30 days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take-off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90 days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than 30 days nor less than seven days before the time of the auction. 25. Definitions. As used in this Permit, “Permittee” means Everts Air Fuel, Inc. and where the context reasonably indicates, its officers, agents, and employees. “Airport” means the Kenai Municipal Airport. Page 145 Special Use Permit—Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 8 of 8 CITY OF KENAI EVERTS AIR FUEL, INC. By: By: Terry Eubank Date Robert Everts Date City Manager Consultant ACKNOWLEDGMENTS 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 TERRY EUBANK, 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 ROBERT EVERTS, Consultant, Everts Air Fuel, Inc., on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Page 146 Exhibit A ENA SUP - Everts Air Fuel 250' x 120' (30,000 SF) N ➤➤ N Image © 2023 CNES / Airbus Image © 2023 CNES / Airbus Image © 2023 CNES / Airbus Page 147 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Eland Conway, Airport Manager DATE: May 31, 2023 SUBJECT: Action Approval – Special Use UPSCO United Parcel Service Co. INC The purpose of this memo is to request approval of a Special Use Permit for UPSCO United Parcel Service Co. INC for a twelve-month term from July 1, 2023 through June 31, 2024. The Permit is for aircraft loading and parking on 4,000 square feet of apron space adjacent to their lease lot for aircraft parking and loading. The non-signatory apron rental rate is: July 2023 – June 2024 $1.33 per square foot, per year $443.33 per month UPSCO United Parcel Service Co. INC is current on all fees owed, and they are self-insured. Thank you for your support and consideration. Attachment(s) Page 148 Special Use Permit—UPSCO (Aircraft Loading & Parking) Page 1 of 7 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to UPSCO United Parcel Service Co., Inc. (Permittee), whose address is 6200 Lockheed Ave., Anchorage, AK 99502, a Special Use Permit to conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 4,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2023 and ending on June 30, 2024. Regardless of the date of signature, this Permit shall be effective as of July 1, 2023. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $443.33 ($1.33/SF/Year) plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of one hundred dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of ten percent (10%) per annum, and penalty of ten percent (10%) shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) Page 149 Special Use Permit—UPSCO (Aircraft Loading & Parking) Page 2 of 7 4. Use. City authorizes Permittee’s non-exclusive use of the Premises for the following purpose(s): Aircraft Loading and Parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re-assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee’s use only and may not be transferred or assigned. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. Page 150 Special Use Permit—UPSCO (Aircraft Loading & Parking) Page 3 of 7 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 8. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee’s insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per- occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee’s fuel handling activities. The policy must name the City as an additional insured. B. Worker’s compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker’s compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance Page 151 Special Use Permit—UPSCO (Aircraft Loading & Parking) Page 4 of 7 coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least thirty (30) days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by July 1, 2022. The effective date of the insurance shall be no later than July 1, 2022. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 10. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City’s staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee’s activities on or use of the Premises, Permittee’s access to the Kenai Municipal Airport, and/or Permittee’s exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 12. Hazardous Substances and Materials. Permittee shall conform and be subject to Page 152 Special Use Permit—UPSCO (Aircraft Loading & Parking) Page 5 of 7 the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 13. No Discrimination. Permittee shall not discriminate against any person because of the person’s race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 14. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 15. Compliance with Law/Grant Assurances. This Permit, and Permittee’s activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport’s eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City’s grant assurances and federal obligations. 16. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 17. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 18. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 19. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 20. Personality. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment Page 153 Special Use Permit—UPSCO (Aircraft Loading & Parking) Page 6 of 7 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 or of its customers. 21. Termination; Default. This Permit may be terminated by either party hereto by giving thirty (30) days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than thirty (30) days, to protect public health and safety or due to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 22. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City’s comprehensive schedule of rates, charges and fees. Permittee shall make payment within thirty (30) days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take-off weight reports within ten (10) days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 23. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within ninety (90) days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three (3) consecutive weeks not more than thirty (30) days nor less than seven (7) days before the time of the auction. Page 154 Special Use Permit—UPSCO (Aircraft Loading & Parking) Page 7 of 7 CITY OF KENAI UPSCO United Parcel Service Co., Inc. By: By: Terry Eubank Date Robert Vey Date City Manager Business Manager ACKNOWLEDGMENTS 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 TERRY EUBANK, 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 ROBERT VEY, the Business Manager, on behalf of UPSCO, United Parcel Service Co., Inc. Notary Public for Alaska My Commission Expires: Approved as to Form: ___________________ Scott Bloom City Attorney Page 155 Exhibit A ENA SUP - UPS 80' x 50' (4,000 SF) N ➤➤ N Image © 2023 CNES / Airbus Image © 2023 CNES / Airbus Image © 2023 CNES / Airbus Page 156 SUP - UPS Page 1 Page 157 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: May 31, 2023 SUBJECT: Action/Approval – Special Use Permit to Weaver Brothers, Inc. for Truck Trailer Storage James Doyle, Individually, d/b/a Weaver Brothers, Inc. has requested to consolidate all the contiguous parcels for truck trailer storage under one (1) Special Use Permit (SUP). Weaver Brothers, Inc. has a SUP for truck trailer storage set to expire on June 20, 2023 and two (2) five- year term leases set to expire July 30, 2023. Weaver Brothers, Inc. has been storing truck trailers under a SUP (400, 415, 425, 435 Coral Street and 700 First Avenue) since June 2020 and under leases (410 and 420 Coral Street) since 1984 (Exhibit A). The Coral Street Airport Zone of the City was appraised at a rate of $0.50 per square foot. The total square footage of the combined area is 162,982 (3.74 acres). The annual permit fee will be $7,047.98 and includes the Consumer Price Index (CPI) adjustment of 8.11% for 2024. The indicated lot area is based on the recorded plats with the exception of the portions, which used the calculated areas in the survey dated 8/17/2020 (Exhibit B). Below is a breakdown of the subject parcels and calculations. Address Legal Description Parcel ID Acres Square Footage (SF) 415 Coral Street Lot 3, Block 3 Gusty Sub. No. 4 04327032 0.86 37,500 425 Coral Street Lot 2, Block 3 Gusty Sub No. 4 04327031 0.46 20,000 435 Coral Street Lot 1, Block 3 Gusty Sub No. 4 04327030 0.23 10,050 400 Coral Street Portion of Tract C-1, Gusty Sub No. 7 04327034 0.09 3,754 700 First Avenue Portion of Lot 4, Block 2 Gusty Sub Addition No. 1 Amended 04327036 0.36 15,641 Subtotal 2.00 86,945 410 Coral Street Tract A of Gusty Sub No. 3 04327021 1.38 60,113 420 Coral Street Tract B of Gusty Sub No. 6 Amended 04327035 0.37 15,924 Subtotal 1.75 76,037 City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 158 Page 2 of 2 TOTAL 3.74 162,982 Permit Fee = (8% of Market Rate) (Appraised Rate) (SF) (CPI) = (8%) ($0.50) (162,982 SF) (8.11%) = $7,047.98 The SUP is requested for one-year from August 1, 2023 to July 30, 2024. Weaver Brothers, Inc. is in compliance with both the SUP and leases. The consolidation of the contiguous parcels for the same use under a SUP would be the appropriate process that meets the intent of Chapter 21.10 Leasing and Acquisition of Airport Reserve Lands since leases terms for renewal are based on the total amount of investment provided in the initial lease. There are no permanent improvements on the premises. For the proposed use of a truck trailer storage, a SUP is appropriate. If the SUP is approved, the leases would terminate upon the effective date of the SUP, and a prorated credit would be applied to the new permit fee. The parcels and portions of parcels are within the Airport Light Industrial (ALI) Zone, Airport Reserve, and Runway Protection Zone (RPZ). Pursuant to the requirements of the Federal Aviation Administration, the City would reserve the right to cancel this SUP on 90 days’ notice. If the City Council approves the Special Use Permit, the City Manager will be authorized to execute the Special Use Permit Agreement for a truck trailer storage for 12 months to Weaver Brothers, Inc. Thank you for your consideration. Attachment Special Use Permit Agreement Exhibit A – Map of Subject Parcels Exhibit B – Map of Portions of Parcels The City of Kenai I www.kenai.city Page 159 Special Use Permit – Weaver Brothers, Inc. – 2023 Truck Trailer Storage Page 1 of 7 SPECIAL USE PERMIT The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby grants to JAMES C. DOYLE, INDIVIDUALLY, D/B/A WEAVER BROTHERS, INC. (PERMITTEE), whose address is P.O. Box 2229, Kenai Alaska 99611, the non-exclusive right to use 3.74 acres (162,982 square feet) of area as described below (Exhibits A & B): Lot 1, Block 3 of Gusty Subdivision No. 4 (435 Coral Street; Parcel ID: 04327030); and, Lot 2, Block 3 of Gusty Subdivision No. 4 (425 Coral Street; Parcel ID: 04327031); and, Lot 3, Block 3 of Gusty Subdivision No. 4 (415 Coral Street; Parcel ID: 04327032); and, Tract A of Gusty Subdivision No. 3 (410 Coral Street; Parcel ID: 04327021); and, Tract B of Gusty Subdivision No. 6 Amended (420 Coral Street: Parcel ID: 04327035); and Approximately 3,754 square foot portion of Tract C-1 of Gusty Subdivision No. 7 (400 Coral Street; Parcel ID: 04327034); and, Approximately 15,641 square foot portion of an unsubdivided remainder portion of Sections 5-6 of Township 5 North, Range 11 West, Seward Meridian, (700 First Avenue; Parcel ID: 04327036). 1. TERM. This special use permit shall be for 12 months from June 21, 2023 to June 20, 2024. 2. CANCELLATION. Pursuant to requirements of the Federal Aviation Administration, the City reserves the right to cancel this special use permit on 90-days’ notice, either delivered in person to the Permittee or by mail. Any or all personal property shall be removed at Permittee’s expense upon cancellation or termination of this agreement. 3. PERMIT FEES. The Permittee shall be charged an annual permit fee of $7,047.98 plus applicable sales tax. The permit fees must be paid prior to the use of the subject parcels. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611. In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: A. Sales tax nor enforced, or levied in the future, computed upon the permit fee payable in monthly installments whether said fee is paid on a monthly or yearly basis; Page 160 Special Use Permit – Weaver Brothers, Inc. – 2023 Truck Trailer Storage Page 2 of 7 B. All necessary licenses and permits; all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or by any other tax levying body, upon any taxable possessory right which Permittee may have in or to the Premises by reason of its use or occupancy or by reason of the terms of this Permit, provided however, that nothing herein contained shall prevent Permittee from contesting any increase in such tax or assessment through procedures provided by law. C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent (10%) of any amount of money owed under this Special Use Permit which are not paid on or before the due date. D. Costs and expenses incident to this Special Use Permit, including but not limited to recording costs. 4. USE. The use by the Permittee of the Premises is limited to the purpose of Truck Trailer Storage. This use is subject to City, Borough, and State laws and regulations and the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject to the following conditions: A. Permittee shall use the Premises only for truck trailer storage. B. Trailers must be stored in a manner that will not limit sight lines or create other unsafe driving conditions on adjacent right-of-ways. C. The premises shall be returned to its current condition prior to the end of the term of this Special Use Permit. This shall include the removal of any trash or debris. D. Trailers must be stored in a manner that will not impact any City snow clearing or moving activities. E. Trailers shall be stored such that there will not be oil or other hazardous fluids leaking onto the premises. F. Trailers shall be stored such that there will not be grass or vegetation growing between trailers. G. The Permittee shall follow requirements of the City Fire Marshal and allow City staff to inspect the premises if requested. H. The premises shall not be used to store junked vehicles or other salvaged vehicle or trailer parts. 5. INSURANCE. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee’s insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits. Page 161 Special Use Permit – Weaver Brothers, Inc. – 2023 Truck Trailer Storage Page 3 of 7 A. Garage Liability or Commercial General Liability Insurance, including Premises, all operations, property damage, personal injury and death, broad-form contractual, with a per-occurrence limit of not less than $1,000,000 combined single limit. The policy must name the City as an additional insured. B. Worker’s Compensation Insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide Worker’s Compensation Insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non-owned motor vehicles the Permittee uses for snow moving and storage activities to, from, or on the Premises. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted within 30 days of the effective date of the Special Use Permit. The effective date of the insurance shall be no later than June 21, 2023. vi. This insurance shall be primary and exclusive of any other insurance carried by the City of Kenai. This insurance shall be without limitation on the time within which the resulting loss, damage, or injury is actually sustained. 6. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents, employees, and volunteers at its own expense from and against any and all actions, damages, costs, liability, claims, losses, judgments, penalties, including reasonable Attorney’s fees of or for liability for any wrongful or negligent acts, errors, or omissions of the Permittee, its officers, agents or employees, or any subcontractor under this Permit. Page 162 Special Use Permit – Weaver Brothers, Inc. – 2023 Truck Trailer Storage Page 4 of 7 The Permittee shall not be required to defend or indemnify the City for any claims of or liability for any wrongful or negligent act, error, or omission solely due to the independent negligence of the City. If there is a claim of or liability for the joint negligence of the Permittee and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall be established upon final determination of the percentage of fault. If any such determination is by settlement, the percentage of fault attributed to each party for purposes of this indemnification provision shall only be binding upon the parties included in the settlement agreement. “Permittee” and “City” as used in this article include the employees, agents, officers, directors, and other contractors who are directly responsible, respectively, for each party. The term “independent negligence of the City” is negligence other than in the City’s selection, administration, monitoring, or controlling of the Permittee. 7. PERMITTEE’S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not permit any liens, including mechanic’s, laborer’s, construction, supplier’s, mining, or any other liens obtainable or available under existing law, to stand against the Premises or improvements on the Premises for any labor or material furnished to Permittee or to any related entity or claimed entity. The Permittee shall have the right to provide a bond as contemplated by State of Alaska law and contest the validity or amount of any such lien or claimed lien. Upon the final determination of the lien or claim for lien, the Permittee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Permittee’s own expense. 8. PERSONALTY. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit. Personal property placed or used upon the Premises and not removed upon termination of this Permit will be removed and/or impounded by the City. Property removed or impounded by the City may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its customers. 9. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 10. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. The City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety. The City may also terminate this Permit immediately, or upon notice shorter than 30 days, due to a failure of Permittee to comply with conditions and terms of this Permit, which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period to correct the violation or breach. 11. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. Page 163 Special Use Permit – Weaver Brothers, Inc. – 2023 Truck Trailer Storage Page 5 of 7 12. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of this Permit, the Premises, or any improvement on the Premises without the written consent of the City. Unless the City specifically releases the Permittee in writing, the City may hold the Permittee responsible for performing any obligation under this permit which an assignee fails to perform. 13. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Permit. 14. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 15. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this Permit shall survive the cancellation, termination, or expiration of this Permit. 16. AUTHORITY. By signing this Permit, Permittee represents that is has read this agreements and consents to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the business to bind the business hereunder. WEAVER BROTHERS, INC. CITY OF KENAI By:____________________________ By:_______________________________ James C. Doyle Date: Terry Eubank Date: President City Manager By:____________________________ James C. Doyle Date: Individually Page 164 Special Use Permit – Weaver Brothers, Inc. – 2023 Truck Trailer Storage Page 6 of 7 ACKNOWLEDGMENTS 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 Terry Eubank, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2023, the foregoing instrument was acknowledged before me by James C. Doyle, President of Weaver Brothers, Inc., an Alaska limited liability company, on behalf of the company. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2023, the foregoing instrument was acknowledged before me by James C. Doyle. Notary Public for Alaska My Commission Expires: Page 165 Special Use Permit – Weaver Brothers, Inc. – 2023 Truck Trailer Storage Page 7 of 7 ATTEST: Michelle M. Saner, MMC, City Clerk SEAL: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Page 166 LOT4BLK2 KNU-188 CtTYOFKENAI I I I I , ....... I ' NOTES: I I DATE Of SURVEY en 7/2020 2) AREAS 82 & C2 ARE IN THE COHOE AVE. u:t RIGHT-Of-WAY 3) AREA Cl IS IN TRACT 8 KN 8&-48 <II AREA A IS IN TRACT C KN SS--48 AREA Ill IS IN THE UNSUBDIVIDEO CITY OF KENAI lOT PIO 04327036 ' I ' ' ' LOT3BU<2 KN&l-11/3 CITY OF KENAI I I I I I . � I .// � i';" v r/ I PI00432T036 /JNSUBDMDEO CJTYOFKENAJ N29'3r20"E.300.IIO'. -- I r,,/� ;,o· 4t"" t I ,, I l/ I I t , l l , t ,�,. TRACT B KNBB-48 CITY, OF KENAI I I I ..... ... -----! ---""\ TRACT A KN84-237 CITY DFl<ENAI '�/ :ID.II' \ _____ §!lls_q_�,m.f&_ _______ --• I CORAL ST. IJO'RIW 30,0' --, _________________ .,_________,_ I � --�-------- $CAI.E T AREAS OUTSIDE TRACT A KN 84-237 A 3,754S.F . Bl 15,6415.F. 82 2,971S.F. Cl 13,492S.F. C2 2,552S.F. TRACT C KN88.f8 CITYOF KENAI - -1£0.w:--- ----------P1 EXHIBIT B -·-··-·-· t "' 1 I - ,- ~ ~I ~h: ~-....c. !'NM10 ----tl,OIOlt .... .......,.,,_ ~.,,~" rM~aJ.DG --~~-· ~iiarr.w.1 Page 168 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: May 31, 2023 SUBJECT: Action/Approval – Special Use Permit to Sherry Swafford for a Private Community Garden Sherry Swafford has requested a Special Use Permit (SUP) to provide a community garden for the residents at senior housing located at 2392 Redoubt Avenue. Ms. Swafford requested approval from Kenai Peninsula Housing Initiatives to have a community garden on the senior housing premise, but it was denied. Therefore, Ms. Swafford is requesting a small area for a community garden that would be limited to the residents of the senior housing. The proposed location for the community garden will be adjacent to the senior housing property to the north on Tract A of Kenai Meadows (Exhibit A) and consists of an approximately 6 feet by 8 feet pop-up greenhouse. The total area for the SUP will be approximately 200 square feet. The proposed permit fee is $55.00 plus applicable sales tax for a 4-month period from June through October 2023. If the City Council approves the Special Use Permit, the City Manager will be authorized to execute the Special Use Permit Agreement for a private community garden for 4 months to Sherry Swafford. Thank you for your consideration. Attachment Special Use Permit Agreement Exhibit A – Aerial Map Page 169 Special Use Permit – Sherry D. Swafford – 2023 Private Community Garden Page 1 of 6 SPECIAL USE PERMIT The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby grants to SHERRY D. SWAFFORD (PERMITTEE), whose address is 2392 Redoubt Avenue Unit 5, Kenai Alaska 99611, the non-exclusive right to use approximately 200 square feet) of area as described below (Exhibit A): Approximately 200 square foot portion of Tract A of Kenai Meadows (2200 Redoubt Avenue; Parcel ID: 03901065). 1. TERM. This special use permit shall be for 4 months from June __, 2023 to October __, 2023. 2. PERMIT FEES. The Permittee shall be charged a permit fee of $55.00 plus applicable sales tax. The permit fees must be paid prior to the use of the subject parcel. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611. In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: A. Sales tax nor enforced, or levied in the future, computed upon the permit fee payable in monthly installments whether said fee is paid on a monthly or yearly basis; B. All necessary licenses and permits; all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or by any other tax levying body, upon any taxable possessory right which Permittee may have in or to the Premises by reason of its use or occupancy or by reason of the terms of this Permit, provided however, that nothing herein contained shall prevent Permittee from contesting any increase in such tax or assessment through procedures provided by law. C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent (10%) of any amount of money owed under this Special Use Permit which are not paid on or before the due date. D. Costs and expenses incident to this Special Use Permit, including but not limited to recording costs. 3. USE. The use by the Permittee of the Premises is limited to the purpose of Private Community Garden, limited to the residents of the senior housing located at 2392 Redoubt Avenue. This use is subject to City, Borough, and State laws and regulations and the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject to the following conditions: Page 170 Special Use Permit – Sherry D. Swafford – 2023 Private Community Garden Page 2 of 6 A. Permittee shall use the Premises only for a community garden. B. Any land clearing or removal of trees are prohibited. C. The Premises shall be returned to its current condition prior to the end of the term of this Special Use Permit. This shall include the removal of any trash or debris. D. The Permittee shall follow requirements of the City Fire Marshal and allow City staff to inspect the Premises if requested. E. Permittee shall not make any permanent improvements to the Premises. 4. INSURANCE. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee’s insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits. A. General Liability Insurance, including Premises, all operations, property damage, personal injury and death, broad-form contractual, with a per-occurrence limit of not less than $1,000,000 combined single limit. The policy must name the City as an additional insured. B. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted within 30 days of the effective date of the Special Use Permit. The effective date of the insurance shall be no later than June ___, 2023. vi. This insurance shall be primary and exclusive of any other insurance carried by the City of Kenai. This insurance shall be without limitation on the time within which the resulting loss, damage, or injury is actually sustained. Page 171 Special Use Permit – Sherry D. Swafford – 2023 Private Community Garden Page 3 of 6 5. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents, employees, and volunteers at its own expense from and against any and all actions, damages, costs, liability, claims, losses, judgments, penalties, including reasonable Attorney’s fees of or for liability for any wrongful or negligent acts, errors, or omissions of the Permittee, its officers, agents or employees, or any subcontractor under this Permit. The Permittee shall not be required to defend or indemnify the City for any claims of or liability for any wrongful or negligent act, error, or omission solely due to the independent negligence of the City. If there is a claim of or liability for the joint negligence of the Permittee and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall be established upon final determination of the percentage of fault. If any such determination is by settlement, the percentage of fault attributed to each party for purposes of this indemnification provision shall only be binding upon the parties included in the settlement agreement. “Permittee” and “City” as used in this article include the employees, agents, officers, directors, and other contractors who are directly responsible, respectively, for each party. The term “independent negligence of the City” is negligence other than in the City’s selection, administration, monitoring, or controlling of the Permittee. 6. PERMITTEE’S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not permit any liens, including mechanic’s, laborer’s, construction, supplier’s, mining, or any other liens obtainable or available under existing law, to stand against the Premises or improvements on the Premises for any labor or material furnished to Permittee or to any related entity or claimed entity. The Permittee shall have the right to provide a bond as contemplated by State of Alaska law and contest the validity or amount of any such lien or claimed lien. Upon the final determination of the lien or claim for lien, the Permittee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Permittee’s own expense. 7. PERSONALTY. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit. Personal property placed or used upon the Premises and not removed upon termination of this Permit will be removed and/or impounded by the City. Property removed or impounded by the City may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its customers. 8. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 9. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. The City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety. The City may also terminate this Permit immediately, or upon notice shorter than 30 days, due to a failure of Permittee to comply with conditions and terms of this Permit, which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period to correct the violation or breach. Page 172 Special Use Permit – Sherry D. Swafford – 2023 Private Community Garden Page 4 of 6 10. 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. 11. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of this Permit, the Premises, or any improvement on the Premises without the written consent of the City. Unless the City specifically releases the Permittee in writing, the City may hold the Permittee responsible for performing any obligation under this permit which an assignee fails to perform. 12. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Permit. 13. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 14. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this Permit shall survive the cancellation, termination, or expiration of this Permit. 15. AUTHORITY. By signing this Permit, Permittee represents that is has read this agreements and consents to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the business to bind the business hereunder. SHERRY D. SWAFFORD CITY OF KENAI By:____________________________ By:_______________________________ Sherry D. Swafford Date: Terry Eubank Date: City Manager Page 173 Special Use Permit – Sherry D. Swafford – 2023 Private Community Garden Page 5 of 6 ACKNOWLEDGMENTS 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 Terry Eubank, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2023, the foregoing instrument was acknowledged before me by Sherry D. Swafford. Notary Public for Alaska My Commission Expires: Page 174 Special Use Permit – Sherry D. Swafford – 2023 Private Community Garden Page 6 of 6 ATTEST: Michelle M. Saner, MMC, City Clerk SEAL: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Page 175 Page 176 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3357-2023 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE SECTION 23.55.045 TO ESTABLISH AN ANNUAL TOOL ALLOWANCE FOR CLASSIFIED EMPLOYEES REQUIRED TO FURNISH THEIR OWN STANDARD WORKING TOOLS. WHEREAS, certain City of Kenai employees at the City Shop are required to provide their own standard working tools to meet the requirements of their positions; and, WHEREAS, the City currently pays directly for some new and replacement tools while employees are required to provide others; and, WHEREAS, the use of a tool allowance is a common industry practice as most mechanics are required to bring their own tools upon being hired into a mechanic position; and, WHEREAS, Human Resources worked with the Public Works Director and City Shop Foreman to clarify what standard tools employees and prospective employees would be required to bring to the job and recommended an annual tool allowance to defer the cost of those tools; and, WHEREAS, an annual tool allowance of $1,500 for employees required to furnish their own standard working tools is comparable to allowances offered at other places of public employment and is in the best interest of the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Enactment of Section 23.55.045 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.55.045 – Tool Allowance is hereby enacted as follows: 23.55.045 Tool Allowance Employees required to furnish their own standard working tools in the City Shop will be paid an annual tool allowance of $1,500. Two equal payments will be made in July and January. Unclassified employees or employees who are provided all tools are not entitled to a tool allowance. 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 21ST DAY OF JUNE, 2023. Page 177 Ordinance No. 3357-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: June 7, 2023 Enacted: June 21, 2023 Effective: July 21, 2023 Page 178 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, HR Director Scott Curtin, Public Works DATE: May 30, 2023 SUBJECT: Ordinance 3357-2023 – Establish an Annual Tool Allowance The purpose of this memo is to recommend the approval of Ordinance 3357-2023, which would establish an annual tool allowance of $1,500.00 for employees at the City Shop who are required to furnish their own standard working tools as part of their position requirement. The City currently pays directly for some new and replacement tools while employees are required to provide others. The use of a tool allowance is a common industry practice as most mechanics are required to bring their own tools upon being hired into a mechanic position. Human Resources worked with the Public Works Director and the City Shop Foreman to clarify what tools employees would be required to bring to the job and recommended an annual tool allowance to defer the cost of those tools. A $1,500 tool allowance is comparable to other places of public employment and consistent with the practices of the State of Alaska. The City would continue to purchase and provide specialty tools necessary for specific City equipment. Similar to the City’s Uniform Allowance, the tool allowance would be paid biannually in two equal payments in July and January, and sufficient funds are included in the proposed FY2024 budget. Thank you for your consideration. Page 179 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3358-2023 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND TO PROVIDE SUPPLEMENTAL FUNDING FOR THE PARKS AND RECREATION UTILITIES BUDGET. WHEREAS, the Recreation Utilities budget will require an estimated 18% additional funding by the end of FY2023; and, WHEREAS, in the months when the Multi-purpose facility (MPF) was in operation, the MPF utility costs were 20% to 30% higher when compared to previous years; and, WHEREAS, the utility bill has not fluctuated significantly in the three years before FY2023; and, WHEREAS, the significant wear and tear on the compressors, which can cause higher electrical use in this building, are the likely cause for this increase; and, WHEREAS, performing regular maintenance on the compressors and no longer providing summer ice should reduce these costs in the future; and, WHEREAS, the Parks and Recreation Department can cover half of these costs by budget transfer from other accounts; and, WHEREAS, the Parks and Recreation Department will need an appropriation from the general fund of $20,000 to cover the remainder of utility costs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the estimated revenues and appropriations are increased as follows: General Fund: Increase Estimated Revenues Appropriation of Fund Balance $20,000 Increase Appropriations Parks & Recreation Utilities $20,000 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. Page 180 Ordinance No. 3358-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 21ST DAY OF JUNE, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: June 7, 2023 Enacted: June 21, 2023 Effective: June 21, 2023 Page 181 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: May 30, 2023 SUBJECT: Ordinance 3358-2023 – Appropriation of Funds to Cover Utility Costs in Excess of Budgeted Amounts Over the last year, the monthly Parks and Recreation utility bills have increased significantly. The main reason is increased power usage at the Multi-Purpose Facility (MPF). There has not been a significant change in utility costs for several years. However, in FY23, there has been a 20-30 percent increase in utility costs at the MPF. This increase will put the budgeted Recreation Utility amount over by an estimated 18% by the end of the fiscal year. Internally the Parks Department can transfer funds to cover half of the increase in cost. However, the funds will still be an estimated 9% over budget. An estimated $20,000 will be needed to balance the budget for FY23. The estimated revenues and appropriations will be increased as follows: General Fund: Increase Estimated Revenues Appropriation of Fund Balance $20,000 Increase Appropriations Parks & Recreation Utilities $20,000 The reason for the increase is not explicitly known at this time. There have been many issues with the compressors this year, and wear and tear on the equipment has continued to be significant over the last several years with the use of summer ice. No longer providing summer ice and performing regularly scheduled maintenance on the compressor should help keep costs down for future years. Thank you for your consideration. Page 182 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Christine Cunningham, Acting City Manager DATE: May 30, 2023 SUBJECT: Action/Approval – Kenai Visitor and Cultural Center Facility Management Services Agreement In 2019, the City solicited competitive proposals from contractors to provide facility management services at the Kenai Visitor and Cultural Center, including maintenance of the City’s permanent collection at the Facility. The Kenai Chamber of Commerce and Visitor Center, Inc. (KCCVC) was the successful proposer for a three-year term beginning July 1, 2019, with an option to extend for two successive one-year terms by mutual consent of the parties. Council approved the first extension, which expires on June 30, 2023, and one extension remains. The KCCVC would like to extend the agreement for one year with a new termination date of June 30, 2024. Pursuant to Section 3 of the agreement, an annual adjustment based on the Anchorage Consumer Price Index (CPI) would increase the compensation to $119,056 annually. Sufficient funds to extend the agreement are included in the proposed FY2024 budget. Except as expressly modified or stated, all other terms and conditions of the agreement would remain in full force and effect. Suggested Motion: Council’s support is respectfully requested. Attachment I move that the City Manager is authorized to extend the Facility Management Agreement for the Kenai Visitor and Cultural Center Facility for one year with a termination date of June 30, 2024 and all other terms and conditions of the agreement remain in full force and effect. City of Kenai I 210 ~idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 183 Second Extension to Facility Management Agreement for the KCCVCI Page 1 of 2 SECOND EXTENSION TO FACILITY MANAGEMENT AGREEMENT FOR THE KENAI VISITOR AND CULTURAL CENTER FACILITY The City of Kenai (City), an Alaska Home Rule Municipal Corporation, whose address is 210 Fidalgo Avenue, Kenai, AK 99611-7794, and Kenai Chamber of Commerce and Visitor Center, Inc. (KCCVCI), whose address is11471 Kenai Spur Hwy, Kenai, Alaska, 99611, hereby extend the Facility Management Agreement for the Kenai Visitor and Cultural Center (Agreement), located at 11471 Kenai Spur Hwy, Kenai, Alaska, 99611 made as follows: 1. Pursuant to Section 2 of the Agreement, the second one-year optional extension of the Agreement is exercised and Section 2 is amended to reflect a new termination date of June 30, 2024. 2. Pursuant to Section 3 of the Agreement, an annual adjustment based on the Anchorage Consumer Price Index (CPI) has increased the compensation to $119,056 annually. 3. Except as expressly modified or stated herein, all other terms and conditions of the Agreement remain in full force and effect. CITY OF KENAI KCCVCI By:___________________________ By:______________________________ Terry Eubank Date Samantha Springer Date City Manager Executive Director ACKNOWLEDGMENTS 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 Terry Eubank, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires: Page 184 Second Extension to Facility Management Agreement for the KCCVCI Page 2 of 2 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ____ day of __________, 2023, by Samantha Springer, Executive Director of Kenai Chamber of Commerce and Visitor Center, Inc., an Alaska non-profit organization, on behalf of the organization. Notary Public for Alaska My Commission Expires: ATTEST: Shellie Saner City Clerk SEAL: Approved as to Form: Scott Bloom City Attorney Page 185 Page 186 Kenai Peninsula Borough New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2023-11 Page 1 of 5 Introduced by: Elam Date: 05/02/23 Hearing: 06/06/23 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2023-11 AN ORDINANCE AMENDING BOROUGH CODE, KPB 2.40.015 AND KPB 2.40.030, TO REDUCE THE NUMBER OF SEATS ON THE PLANNING COMMISSION AND PROVIDE FOR AN ORDERLY PROCESS FOR THE SEAT REDUCTION WHEREAS, the Kenai Peninsula Borough (“Borough”) is a second class borough with a population of 58,799 as of April 1, 2020 U.S. Census totals; and WHEREAS, The Alaska State Legislature amended AS 29.40.020(a) in 2022 to provide the Borough with flexibility to apportion its Planning Commission seats in a manner that the Assembly deems appropriate; and WHEREAS, presently, there are fourteen members of the Borough Planning Commission, and there do not appear to be any other planning commissions in the State of Alaska with so many members; and WHEREAS, presently, there are nine members on the Borough Assembly; and WHEREAS, Borough code requires the Borough to compensate its Planning Commission members at the rate of $175.00 per regular or special meeting attended except the chairperson, who will be compensated at the rate of $200.00 per regular or special meeting; and WHEREAS, Borough code requires the Borough to compensate its Planning Commission members serving on the plat committee at an additional rate of $25.00; and WHEREAS aligning the number of Planning Commission member seats to be consistent with the number of Assembly member seats will reduce the aggregate cost of compensation the Borough must pay to its Planning Commission members by approximately $40,698.00; and WHEREAS, a code provision for elimination of a Planning Commission member seat will allow for an orderly and fair process when Planning Commission member seats are consolidated; Page 187 Ordinance 2023-11 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 2.40.015 is amended to read as follows: 2.40.015. Membership—Apportionment. In accordance with AS 29.40.020(a): A. The planning commission [SHALL CONSIST OF A MAXIMUM OF FOURTEEN MEMBERS] will consist of the same number of member seats as the number of assembly member seats. Commission membership [SHALL BE APPORTIONED SO THAT THE NUMBER OF MEMBERS FROM HOME RULE AND FIRST CLASS CITIES REFLECTS THE PROPORTION OF BOROUGH POPULATION RESIDING IN HOME RULE AND FIRST CLASS CITIES LOCATED IN THE BOROUGH. NO MORE THAN ONE MEMBER OF THE COMMISSION MAY BE FROM ANY SINGLE HOME RULE OR FIRST CLASS CITY IN THE BOROUGH UNLESS MORE ARE REQUIRED TO SATISFY THE STATUTORY APPORTIONMENT REQUIREMENT] will be apportioned consistent with assembly member district seats. [B. CITY SEATS. ONLY A CITY RESIDENT MAY SERVE ON A CITY SEAT AND SHALL BE SELECTED BY THE MAYOR FROM A LIST OF RECOMMENDATIONS SUBMITTED BY THE COUNCIL. THE LIST WILL CONSIST OF AT LEAST ONE APPLICANT FROM THE RESPECTIVE CITY WHOSE CITY SEAT IS VACANT OR EXPIRING. APPOINTMENTS SHALL BE SUBJECT TO CONFIRMATION BY THE ASSEMBLY. THE CITY SEATS ARE AS FOLLOWS: 1. HOMER; 2. KENAI; 3. SELDOVIA; 4. SEWARD; AND 5. SOLDOTNA.] [C] B. SINGLE MEMBER DISTRICT. [PLANNING COMMISSIONERS RESIDING OUTSIDE OF FIRST CLASS AND HOME RULE CITIES SHALL BE APPOINTED BY THE MAYOR AND CONFIRMED BY THE ASSEMBLY AND REPRESENTATIVE OF THE FOLLOWING ASSEMBLY DISTRICTS: 1. ASSEMBLY DISTRICT 1 - KALIFORNSKY; 2. ASSEMBLY DISTRICT 2 - KENAI; 3. ASSEMBLY DISTRICT 3 - NIKISKI; 4. ASSEMBLY DISTRICT 4 - SOLDOTNA; 5. ASSEMBLY DISTRICT 5 - STERLING/FUNNY RIVER; 6. ASSEMBLY DISTRICT 6 - EAST PENINSULA; 7. ASSEMBLY DISTRICT 7 - CENTRAL; 8. ASSEMBLY DISTRICT 8 - HOMER; AND 9. ASSEMBLY DISTRICT 9 - SOUTH PENINSULA. Page 188 Kenai Peninsula Borough New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2023-11 Page 3 of 5 PLANNING COMMISSIONERS APPOINTED TO REPRESENT A DISTRICT SHOULD RESIDE WITHIN THAT DISTRICT. IN THE EVENT THAT NO QUALIFIED RESIDENTS OF A SINGLE MEMBER DISTRICT APPLY TO FILL A VACANCY FOR THAT DISTRICT'S SEAT, THEN THAT SEAT MAY BE FILLED WITH A QUALIFIED RESIDENT OF THE BOROUGH WHO RESIDES OUTSIDE OF CITY LIMITS. ONLY RESIDENTS LIVING WITHIN THE RESPECTIVE CITY OR SINGLE MEMBER DISTRICT MAY APPLY FOR A LOCATION SPECIFIC VACANCY. ANY BOROUGH RESIDENT WHO RESIDES OUTSIDE OF CITY LIMITS MAY APPLY "AT-LARGE" AND MAY BE SELECTED IN THE EVENT NO QUALIFIED RESIDENTS OF A SINGLE MEMBER DISTRICT APPLY TO FILL A VACANCY FOR THAT DISTRICT'S SEAT.] Each district will have one representative. Commissioners may only serve in the district in which they reside. [D] C. All planning commission members [SHALL] will meet the minimum qualifications of the appointed planning commission member seat description. All planning commission members will be appointed for their expertise and knowledge of the community, borough land use, and planning issues, as well as their familiarity with regulations and land use code, and [SHALL] must represent the entire borough. Prospective planning commission members must be in compliance with KPB Titles 14, 17, 20, and 21 and must not have any pending or unresolved code enforcement actions. E. A vacancy or expiring term on the planning commission will be noticed for at least 30 days by the borough clerk's office. All applications to fill a vacancy or expiring term must be submitted through the borough clerk's office. [APPLICATIONS TO FILL A CITY SEAT SHALL BE TRANSMITTED TO THE CITY CLERK'S OFFICE AT THE CLOSE OF THE APPLICATION PERIOD.] SECTION 2. That KPB 2.40.030 is amended to read as follows: 2.40.030. Terms—Vacancy filling—Seat Elimination—Compensation—Voting restrictions. Members and membership of the planning commission shall be subject to the following conditions: A. Members of the commission shall be qualified voters of the borough as defined in KPB 4.20.010(A) and who are duly appointed and confirmed as provided in AS § 29.40.020(a). B. Vacancies on the commission are created under the following conditions and upon declaration of vacancy by the borough mayor when the member 1. Fails to qualify or be confirmed by the assembly or take office within 30 days after his appointment; 2. Is physically absent from the borough [, OR IN THE CASE OF A CITY REPRESENTATIVE FROM THE CITY] for a 90-day period, unless excused by the commission; 3. Resigns and [HIS] the resignation is accepted by the borough mayor; 4. Is physically or mentally unable to perform the duties of [HIS] the office; 5. Is removed from office by the borough mayor in order to bring commission apportionment into compliance with statutes or [COMPLETES HIS TERM] no longer Page 189 Ordinance 2023-11 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 4 of 5 resides in the district as defined in KPB 2.40.015 as it presently exists or later is amended; 6. Misses 3 consecutive regular meetings unless excused by the commission; or 7. Is convicted of a felony or of an offense involving a violation of [HIS] the oath of office. C. Seat elimination. The Mayor may remove commissioners when seats are consolidated to comply with state statutes or borough code. In the event a seat is eliminated and the elimination necessitates the removal of a member, the member may: 1. Voluntarily resign to achieve a single-member district representative; or 2. Interview with the Mayor, or designee, and Planning Department staff. The Mayor will make the final selection in consultation with the Planning Director based on the qualifications set forth in KPB 2.40.015(C) as it presently exists or later is amended. [C] D. The [borough] [m]Mayor and the [borough] [p]Planning [d]Director shall be additional members ex officio and shall have the privilege of the floor, but may not vote. [D] E. Duly appointed, confirmed and qualified official members of the commission will be compensated monthly at the rate of $175.00 per regular or special meeting attended except the chairperson, who will be compensated at the rate of $200.00 per regular or special meeting. Members serving on the plat committee will be compensated at an additional rate of $25.00 per plat committee meeting. SECTION 3. This ordinance shall become effective immediately upon enactment. Page 190 Kenai Peninsula Borough New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2023-11 Page 5 of 5 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2023. ____________________________________ Brent Johnson, Assembly President ATTEST: _____________________________________ Michele Turner, CMC, Acting Borough Clerk Yes: No: Absent: Page 191 SOLDOTNA City of Soldotna, Alaska 177 North Birch Street Soldotna, AK 99669 907.262.9107 www.soldotna.org May 30, 2023 Mayor Peter Micciche Kenai Peninsula Borough Assembly Members SUBJECT: KPB Ordinance 2023-11: Amending Borough Code, KPB 2.40.015 and KPB 2.40.030, to Reduce the Number of Seats on the Planning Commission and Provide for an Orderly Process for Seat Reduction Mayor and Assembly Members, The Soldotna City Council held its regular city council meeting on May 24, 2023. The council agenda included Action Memorandum 2023-011, addressing KPB Ordinance 2023-11. The council unanimously approved the action memorandum and directed the City Manager to send a letter on behalf of the council requesting the Assembly consider the following amendments to the ordinance: 2.40.015 – Apportionment A. The planning commission will consist of eleven members. Commission membership will be apportioned consistent with assembly member districts with two seats reserved for home rule and first class cities located in the borough. B. Only City residents may serve on a city seat and shall be selected by the Borough Mayor from a list provided by the City Council. The list will contain at least one applicant from the respective city. C. The city seats shall be set up on a rotational basis. D. No City may have more than one representative on the Planning Commission. Please note this topic is not new to the City of Soldotna and the cities in the borough. In 2021, the city council unanimously adopted Resolution 2021-055, supporting KPB Ordinance 2021-40. The city council resolution states: “WHEREAS, it is in the best interest of the cities and the borough that all cities have a fixed seat on the KPB Planning Commission to ensure that a diversity of perspectives are offered and that cities have a voice on local and regional land use decisions and policy recommendations”. The City continues to believe in the importance of diversity of perspectives that are offered by the cities in the borough. Page 193 In addition to the importance of maintaining the diversity of perspectives, the City of Soldotna requests the Borough Mayor and Assembly reconsider removing the city’s ability to select a city resident to serve on the planning commission. The City reaffirms its capability and aptitude to select the best candidate to represent both the city and borough residents. The City of Soldotna respectfully requests the Borough Mayor and Assembly consciously consider the City’s requested amendments and understand our belief that removing the fixed seats removes the continuity and inclusion that has been gained since the adoption of KPB Ordinance 2021-40. Sincerely, Janette Bower City Manager cc: Robert Ruffner, KPB Planning Director Page 194 KENAI COUNCIL ON AGING – REGULAR MEETING MAY 11 , 2023 – 3:00 P.M. KENAI SENIOR CENTER 361 SENIOR CT., KENAI, AK 99611 CHAIR RACHAEL CRAIG, PRESIDING Council on Aging Meeting Page 1 of 3 May 11, 2023 ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Council on Aging was held on May 11, 2023, at the Kenai Senior Center, Kenai, AK. Chair Craig called the meeting to order at approximately 3:00 p.m. 1. Pledge of Allegiance Chair Craig led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Rachael Craig, Chair Kenneth Ayers Glenese Pettey John Straughn Frances Kilfoyle Barbara Modigh Velda Geller A quorum was present. Absent: Roy Williams, Vice Chair Alice Heckert Also in attendance were: Kathy Romain, Senior Center Director Red Piersee, Senior Center Administrative Assistant Kayla Feltman, Senior Center Volunteer Coordinator Deborah Sounart, Council Member 3. Agenda Approval MOTION: Member Ayers MOVED to approve the agenda as presented. Member Straughn SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS - None. D. APPROVAL OF THE MEETING SUMMARY 1. March 9, 2023 MOTION: Member Ayers MOVED to approve the March 9, 2023 Summary as presented. Straughn SECONDED the motion. Page 195 Council on Aging Meeting Page 2 of 3 May 11, 2023 VOTE: There being no objection; SO ORDERED. E. UNFINISHED BUSINESS – None. F. NEW BUSINESS 1. Action/Approval – Updates to the Senior Center Code of Conduct and Ethics. MOTION: Member Pettey MOVED to approve the updates to the Senior Center Code of Conduct and Ethics. Member Geller SECONDED the motion. Director Romain presented a staff report; discussion ensued. MOTION TO AMEND : Member Ayers MOVED to amend the Senior Center Code of Conduct and Ethics with the following changes: • Addition of a paragraph stating “All persons shall respect others right to privacy and personal space at the Kenai Senior Center. Any person who violates others’ privacy or personal space can be asked by the Senior Center Director to leave the facility” to be placed directly following the section that states, “Please show respect to the staff, volunteers, and other participants, and the Senior enter. The KSC promotes a safe and positive place. Harassment, violence, and threats will not be tolerated in any form.” • Change “making” to “receiving” under the section regarding cell phone use. Member Straughn SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE ON AMENDMENT: There being no objection; SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: There being no objection; SO ORDERED. 2. Discussion/Recommendation – Recommending the City Council Approve Suggested Changes to the FY2024 Fee Schedule. MOTION: Member Straughn MOVED to recommend the City Council approve the suggested changes to the FY2024 Fee Schedule. Member Pettey SECONDED the motion. Director Romain presented a staff report. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. G. REPORTS 1. Senior Center Director – Director Romain reported on the following: • Current staffing at full capacity. • Savings to this year’s budget from utilizing a volunteer to shop at the Food Bank and growing the majority of the flowers used around the building. • Training funds were added back to the budget with Admin. Assistant Piersee is to attend the MOW conference in August. • Brief review of the March for Meals (MFM) Fundraiser ending total of just under $50,000. 2. Council on Aging Chair – No report. Page 196 Council on Aging Meeting Page 3 of 3 May 11, 2023 3. City Council Liaison – Council Member Sounart reported on recent Council actions. H. NEXT MEETING ATTENDANCE NOTIFICATION – Thursday, June 8, 2023 I. COMMISSION QUESTIONS AND COMMENTS Member Pettey requested updates on the Senior Center front door and generator. J. ADDITIONAL PUBLIC COMMENTS – None. K. INFORMATIONAL ITEMS – None. L. ADJOURNMENT There being no further business before the Council on Aging, the meeting was adjourned at 4:00 p.m. I certify the above represents accurate minutes of the Council on Aging meeting of May 11, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 197 KENAI AIRPORT COMMISSION – REGULAR MEETING MAY 11 , 2023 – 6:00 P.M. KENAI MUNICIPAL AIRPORT CONFERENCE ROOM 305 N. WILLOW STREET, SUITE 110 KENAI, AK 99611 CHAIR GLENDA FEEKEN, PRESIDING Airport Commission Meeting Page 1 of 3 May 11, 2023 ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Airport Commission was held on May 11, 2023, in the Kenai Municipal Airport Conference Room, Kenai, AK. Chair Feeken called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Glenda Feeken, Chair Dan Pitts James Bielefeld Joshua Daily A quorum was present. Absent: Paul Minelga, Vice Chair James Zirul Jacob Caldwell Also in attendance were: Eland Conway, Airport Manager Sarah Conley, Airport Administrative Assistant Alex Douthit, Council Member 3. Agenda Approval MOTION: Commissioner Bielefeld MOVED to approve the agenda with the requested revisions and requested unanimous consent. Commissioner Daily SECONDED the motion. VOTE: There being no objection; SO ORDERED. B. SCHEDULED PUBLIC COMMENTS 1. Terminal Landscaping – Elise Huggins, Landscape Architect/Principal, Earthscape, LLC. Elise Huggins presented options for terminal landscaping. C. UNSCHEDULED PUBLIC COMMENTS - None. D. APPROVAL OF THE MEETING SUMMARY 1. March 9, 2023. MOTION: Page 198 Airport Commission Meeting Page 2 of 3 May 11, 2023 Commissioner Bielefeld MOVED to approve the March 9, 2023 Summary. Commissioner Daily SECONDED the motion. VOTE: There being no objection; SO ORDERED. E. UNFINISHED BUSINESS – None. F. NEW BUSINESS 1. Discussion/Recommendation – Recommending the City Council Approve a Special Use Permit to Rogue Wave Processing for Aircraft Loading and Parking Space Related to Fish Haul Operations. MOTION: Commissioner Bielefeld MOVED to recommend City Council approval of a Special Use Permit to Rogue Wave Processing for Aircraft Loading and Parking Space Related to Fish Haul Operations. Commissioner Daily SECONDED the motion. Airport Manager Conway presented a staff report. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 2. Discussion/Recommendation – Recommending the City Council Approve a Memorandum of Agreement with Ted Stevens Anchorage International Airport for Use of the Alaska Regional Aircraft Fire Training Center. MOTION: Commissioner Bielefeld MOVED to recommend City Council approval of a Memorandum of Agreement with Ted Stevens Anchorage International Airport for Use of the Alaska Regional Aircraft Fire Training Center. Commissioner Daily SECONDED the motion. Airport Manager Conway presented a staff report. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. G. REPORTS 1. Airport Manager – Airport Manager Conway reported on the following: • Changes to Fire Training Center and Terminal Conference room rates. • Sand Storage building to be operational by October. • Fishing Grounds gift shop is open. • Float plane basin open. • Kenai Peninsula Air Fair. 2. City Council Liaison – Council Member Douthit reported on the FY2023 Budget process and the Storefront Improvement Plan. H. NEXT MEETING ATTENDANCE NOTIFICATION – June 8, 2023 I. COMMISSION QUESTIONS AND COMMENTS Commissioner Bielefeld noted the pie chart missing from Enplanements Report in the packet. Commissioner Daily discussed breaking down the terminal landscaping plan into two phases. Page 199 Airport Commission Meeting Page 3 of 3 May 11, 2023 J. ADDITIONAL PUBLIC COMMENTS - None. K. INFORMATIONAL ITEMS 1. March 2023 Enplanements & Parking Revenue Report L. ADJOURNMENT There being no further business before the Airport Commission, the meeting was adjourned at 7:06 p.m. I certify the above represents accurate minutes of the Airport Commission meeting of May 11, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 200 JUNE 7, 2023 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY PAGE Add to Item E.1 Ordinance No. 3353-2023 • Amendment Memo – Human Resources • Amendment Memo – Finance Administration Administration 2 3 Add to Item H.18 Discussion/Action - Kenai Peninsula Borough Ordinance 2023-11 • KPB Ordinance 2023-11 Substitute Legal 5 Add Item P.1 Informational Items • Kenai Animal Shelter Animal Fair Flyer Winger 9 1 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, Human Resources Director DATE: June 5, 2023 SUBJECT: Ordinance 3353-2023 – Requested Amendment to FY24 Budget Document The purpose of the memo is to request an amendment to the FY24 Budget Document. In March and April, the two Airport Operation Specialist positions became vacant after being filled for less than one year. This represents an unusually high turnover in Airport Operations, with positions taking approximately three months to fill and the Airport Operations Supervisor being the sole employee responsible for the daily operations of the Kenai Municipal Airport, including the general maintenance and repair of grounds, facilities and equipment. Due to the high recent turnover at the Airport, the City Manager requested Human Resources review the Airport Operations Supervisor classification to ensure the range of pay was commensurate with existing duties and responsibilities. Human Resources has determined that to accurately reflect the minimum qualifications and to fairly reflect the differences in duties and responsibilities within the City’s Classification Plan related to compensation for comparable positions in other places of public employment, and to meet the City’s objective to provide an appropriate compensation structure to recruit and retain an adequate supply of competent employees, an amendment to the Classification Plan for the Airport Operations Supervisor from a range 20 to a range 21 is appropriate. This request is to increase the range and to provide funding for the position at range 21 on the City’s Salary Schedule. Motion Thank you for your consideration. Amend Ordinance No. 3353-2023, Section 5 as follows: Class Code 418 - Airport Operations Supervisor Increase the range from 20 to 21 Amend the FY24 Budget Document as follows: Airport Airfield, Special Revenue fund on page 228 Increase the Salaries and Benefits section by an additional $7,156. 2 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Lana Metcalf, Controller DATE: June 2, 2023 SUBJECT: Ordinance 3353-2023 – Requested Amendment to the FY24 Budget Document The purpose of this memo is to request an amendment to FY24 Budget Document. The City has a three-year agreement for general liability insurance coverage (Property, Liability, Automobile, and Workers Compensation) with Alaska Municipal League Joint Insurance (AMLJIA), which expires on June 30, 2023. As part of the renewal process, the City obtained quotes through its insurance broker, including a quote from AMLJIA and Alaska Public Entity Insurance (APEI). The quote from AMLJIA was $741,775 for FY24 which represents a 10.5% increase over the FY23 rates and based on the analysis of the quotes received, the Finance Department, with the assistance of our broker, has determined that the rates and the insurance offered by AMLJIA for FY24 are best for the City. In addition, AMLJIA has provided the City’s insurance coverage since FY2021 and has provided satisfactory coverage. The amounts included in the proposed FY24 Budget Document were based on the City receiving an annual discount for entering into a three-year contract in the amount of 5%. Due to the variance in insurance rates, AMLJIA and APEI declined to offer the City a three-year contract and the associated discount. Because the City received late notice that the discount would not be offered, the FY24 Budget Document requires amendment to reflect the increase in insurance costs. The net financial impact to each fund is as follows: General Fund $ 8,416 Water & Sewer Special Revenue Fund 6,210 Airport Airfield Special Revenue Fund 11,381 Congregate Housing Enterprise Fund 3,586 $29,593 The following changes to the budget document are needed to include this amendment: 3 Page 2 of 2 Motion Thank you for your consideration. Amend the FY24 Budget Document as follows: General Fund – Fire, page 134 Account Number 001-422-0700, Workers Compensation Increase the proposed budget amount from $59,928 to $68,344 Water & Sewer Special Revenue Fund - Wastewater Treatment Plant, page 216 Account Number 010-467-4536, Insurance Increased the proposed budget amount from $29,516 to $35,726 Airport Special Revenue Fund - Airfield, page 228 Account Number 008-462-0700, Workers Compensation Increase the proposed budget amount from $5,785 to $5,995, and Account Number 008-462-4536, Insurance Increase the proposed budget amount from $113,016 to $124,187 Congregate Housing Enterprise Fund, page 280 Account Number 009-462-4536, Insurance Increase the proposed budget amount from $18,886 to 22,472 For an overall increase of $29,593 to the FY24 Budget Document. 4 Kenai Peninsula Borough New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2023- Page 1 of 4 Introduced by: Cox Date: Hearing: Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2023-11 (SUBSTITUTE) AN ORDINANCE AMENDING BOROUGH CODE, KPB 2.40.015 AND KPB 2.40.030, TO REDUCE THE NUMBER OF SEATS ON THE PLANNING COMMISSION AND PROVIDE FOR AN ORDERLY PROCESS FOR THE SEAT REDUCTION WHEREAS, the Kenai Peninsula Borough (“Borough”) is a second class borough with a population of 58,799 as of April 1, 2020 U.S. Census totals; and WHEREAS, The Alaska State Legislature amended AS 29.40.020(a) in 2022 to provide the Borough with flexibility to apportion its Planning Commission seats in a manner that the Assembly deems appropriate; and WHEREAS, presently, there are fourteen members of the Borough Planning Commission, and there do not appear to be any other planning commissions in the State of Alaska with so many members; and WHEREAS, presently, there are nine members on the Borough Assembly; and WHEREAS, Borough code requires the Borough to compensate its Planning Commission members at the rate of $175.00 per regular or special meeting attended except the chairperson, who will be compensated at the rate of $200.00 per regular or special meeting; and WHEREAS, Borough code requires the Borough to compensate its Planning Commission members serving on the plat committee at an additional rate of $25.00; and WHEREAS aligning the number of Planning Commission member seats to be consistent with the number of Assembly member seats will reduce the aggregate cost of compensation the Borough must pay to its Planning Commission members by approximately $40,698.00; and WHEREAS, this substitute ordinance amends code to provide for a nine member planning commission, with four city seats and five at-large seats; 5 Ordinance 2023- New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 2.40.015 is amended to read as follows: 2.40.015. Membership—Apportionment. In accordance with AS 29.40.020(a): A. The planning commission [SHALL CONSIST OF A MAXIMUM OF FOURTEEN MEMBERS] will consist of nine members. Commission membership [SHALL BE APPORTIONED SO THAT THE NUMBER OF MEMBERS FROM HOME RULE AND FIRST CLASS CITIES REFLECTS THE PROPORTION OF BOROUGH POPULATION RESIDING IN HOME RULE AND FIRST CLASS CITIES LOCATED IN THE BOROUGH. NO MORE THAN ONE MEMBER OF THE COMMISSION MAY BE FROM ANY SINGLE HOME RULE OR FIRST CLASS CITY IN THE BOROUGH UNLESS MORE ARE REQUIRED TO SATISFY THE STATUTORY APPORTIONMENT REQUIREMENT] will be apportioned in a manner that provides for four city seats and five at-large district seats. B. City Seats. A city must have a population of over 2,000 residents to have a designated city seat. Only a city resident may serve on a city seat.[and shall.] Notwithstanding, a resident of the city of Seldovia may serve on the Homer city seat if approved by the Homer City Council. An applicant for a city seat be selected by the mayor from a list of recommendations submitted by the council and subject to confirmation by the assembly. [THE LIST WILL CONSIST OF AT LEAST ONE APPLICANT FROM THE RESPECTIVE CITY WHOSE CITY SEAT IS VACANT OR EXPIRING. APPOINTMENTS SHALL BE SUBJECT TO CONFIRMATION BY THE ASSEMBLY.] The city seats are as follows: 1. Homer; 2. Kenai; 3. [Seldovia]Seward; and 4. [Seward; and]Soldotna [5. Soldotna.] C. At-Large District Seats. [SINGLE MEMBER DISTRICT.] There will be five at-large district seats on the planning commission that will be appointed by the mayor and confirmed by the assembly. The at-large districts will be representative of the following areas: 1. Nikiski district. This district will encompass the area within the borough north of the boundary line for the city of Kenai that includes the Nikiski community and the west side of the Cook Inlet. 2. Ridgeway/Funny River/Sterling district. This district will encompass the area of the borough outside of the cities that includes the Ridgeway, Funny River and Sterling communities and ends at Mile Post 55 of Sterling Highway. 3. Cooper Landing/Hope/Eastern Peninsula district. This district will encompass the area within the borough outside of the cities that includes the communities of Cooper Landing, Hope, Moose Pass, Primrose, Bear Creek and Lowell Point. 6 Kenai Peninsula Borough New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2023- Page 3 of 4 4. Kalifornsky/Kasilof district. This district will encompass the area within the borough outside of the cities that includes the communities of Kalifornsky and Kasilof with the Kasilof river forming the southern boundary of this district. 5. South Peninsula district. This district will encompass the area within the borough outside of the cities that includes the communities of south of the Kasilof River including the area east of the city of Homer and across the Kachemak Bay. An applicant who applies to fill a district seat but does not reside within that district may only be appointed by the mayor and confirmed by the assembly if no residents of the district apply. [PLANNING COMMISSIONERS RESIDING OUTSIDE OF FIRST CLASS AND HOME RULE CITIES SHALL BE APPOINTED BY THE MAYOR AND CONFIRMED BY THE ASSEMBLY AND REPRESENTATIVE OF THE FOLLOWING ASSEMBLY DISTRICTS: 1. ASSEMBLY DISTRICT 1 - KALIFORNSKY; 2. ASSEMBLY DISTRICT 2 - KENAI; 3. ASSEMBLY DISTRICT 3 - NIKISKI; 4. ASSEMBLY DISTRICT 4 - SOLDOTNA; 5. ASSEMBLY DISTRICT 5 - STERLING/FUNNY RIVER; 6. ASSEMBLY DISTRICT 6 - EAST PENINSULA; 7. ASSEMBLY DISTRICT 7 - CENTRAL; 8. ASSEMBLY DISTRICT 8 - HOMER; AND 9. ASSEMBLY DISTRICT 9 - SOUTH PENINSULA.] PLANNING COMMISSIONERS APPOINTED TO REPRESENT A DISTRICT SHOU LD RESIDE WITHIN THAT DISTRICT. IN THE EVENT THAT NO QUALIFIED RESIDENTS OF A SINGLE MEMBER DISTRICT APPLY TO FILL A VACANCY FOR THAT DISTRICT'S SEAT, THEN THAT SEAT MAY BE FILLED WITH A QUALIFIED RESIDENT OF THE BOROUGH WHO RESIDES OUTSIDE OF CITY LIMITS. ONLY RESIDENTS LIVING WITHIN THE RESPECTIVE CITY OR SINGLE MEMBER DISTRICT MAY APPLY FOR A LOCATION SPECIFIC VACANCY. ANY BOROUGH RESIDENT WHO RESIDES OUTSIDE OF CITY LIMITS MAY APPLY "AT-LARGE" AND MAY BE SELECTED IN THE EVENT NO QUALIFIED RESIDENTS OF A SINGLE MEMBER DISTRICT APPLY TO FILL A VACANCY FOR THAT DISTRICT'S SEAT.] D. All planning commission members [SHALL] will meet the minimum qualifications of the appointed planning commission member seat description. All planning commission members will be appointed for their expertise and knowledge of the community, borough land use, and planning issues, as well as their familiarity with regulations and land use code, and [SHALL] must represent the entire borough. Prospective planning commission members must be in compliance with KPB Titles 14, 17, 20, and 21 and must not have any pending or unresolved code enforcement actions. 7 Ordinance 2023- New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 4 of 4 E. A vacancy or expiring term on the planning commission will be noticed for at least 30 days by the borough clerk's office. All applications to fill a vacancy or expiring term must be submitted through the borough clerk's office. Applications to fill a city seat shall be transmitted to the city clerk's office at the close of the application period. SECTION 2. That the current city seat for the city of Seldovia is vacant and does not require the removal of a member. SECTION 3. That in the event this ordinance eliminates a seat on a planning commission and that the elimination necessitates the removal of a member or results in two planning commissioners eligible for a single at-large seat, then, notwithstanding any section of Borough Code to the contrary, the Mayor is authorized to effectuate the intent and purpose of this ordinance up to and including removing Planning Commissioners to avoid two planning commissioners occupying one at-large district seat. SECTION 4. That the Assembly requests that the Borough Administration provide a map for the at-large district boundaries that effectuates the intent of the at-large district boundaries. SECTION 5. This ordinance shall become effective immediately upon enactment. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS ____ DAY OF _______________ 2023. ____________________________________ Brent Johnson, Assembly President ATTEST: _____________________________________ Michele Turner, CMC, Acting Borough Clerk Yes: No: Absent: 8 9 Kenai City Council - Regular Meeting Page 1 of 4 June 07, 2023 Kenai City Council - Regular Meeting June 07, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items 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 ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3353-2023 - Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the Fiscal Year Commencing July 1, 2023 And Ending June 30, 2024 and Committing $5,761,661 of General Fund, Fund Balance for Future Capital Improvements. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3354-2023 - Accepting and Appropriating Grant Funds from the Department of Justice Passed Through the Alaska Internet Crimes Against Children Task Force for the Purchase of Forensic Software. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3355-2023 - Amending KMC 13.10.015-Minor Offense Fine Schedule, to Incorporate Prior Amendments to KMC 13.30.030- Street Parking Prohibitions, and the Repeal of KMC 13.30.095- Parking Prohibited on Kenai Avenue. (Legal) 4. ENACTED UNANIMOUSLY. Ordinance No. 3356-2023 - Amending Kenai Municipal Code Title 23—Personnel Regulations to Address Recruitment and Retention of Employees and Make Housekeeping Changes. (Administration) 5. ADOPTED UNANIMOUSLY. Resolution No. 2023-38 - Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2023 and Ending June 30, 2024. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2023-39 - Amending the Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes Included in the FY2024 Budget to Include Adjusting Airport Fees, Parks and Recreation Fees, City Dock Fees, Water Fees, Kenai City Council - Regular Meeting Page 2 of 4 June 07, 2023 Sewer Fees, Senior Center Fees, and Adjusting the Monthly Rental Rates at Vintage Pointe. (Administration) 7. POSTPONED TO 6/21/2023. Resolution No. 2023-40 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 N. Willow Street Roadway Improvements Project. (Administration) 8. POSTPONED TO 6/21/2023. Resolution No. 2023-41 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 First Avenue Roadway Repairs Project. (Administration) 9. POSTPONED TO 6/21/2023. Resolution No. 2023-42 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 Miscellaneous Roadway Repairs Project. (Administration) 10. ADOPTED UNANIMOUSLY. Resolution No. 2023-43 - Authorizing a Construction Agreement and Corresponding Purchase Order for the Kenai Fire Department Apparatus Bay Floor Refinishing Project. (Administration) F. MINUTES 1. *Regular Meeting of May 17, 2023. (City Clerk) G. UNFINISHED BUSINESS 1. POSTPONED INDEFINITELY. Action/Approval - Extending the Agreement for Tourism and Marketing Services with Divining Point, LLC for One Year. (Administration) [Clerk's Note: At the May 17, 2023 City Council Meeting, this Item was Postponed to June 7, 2023; a Motion to Approve is on the Floor.] H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Confirming the Appointment of Lisa Gabriel to the Harbor Commission for a Partial Term Ending December 31, 2025. (Baisden) 4. *Action/Approval - Special Use Permit to the Department of Natural Resources Forestry for Apron Space for Aircraft Loading and Parking. (Administration) 5. *Action/Approval - Special Use Permit to Alaska Geographic for a Vending Kiosk in Terminal Space. (Administration) 6. *Action/Approval - Special Use Permit to Alaska Air Fuel for Apron Space for Aircraft Loading and Parking. (Administration) 7. *Action/Approval - Special Use Permit to Crowley Fuels for Apron Space for Aircraft Loading and Parking. (Administration) 8. *Action/Approval - Special Use Permit to Empire Airlines for Apron Space for Aircraft Loading and Parking. (Administration) 9. *Action/Approval - Special Use Permit to Everts Air Fuel for Apron Space for Aircraft Loading and Parking. (Administration) Kenai City Council - Regular Meeting Page 3 of 4 June 07, 2023 10. *Action/Approval - Special Use Permit to United Parcel Service Co., Inc. for Apron Space for Aircraft Loading and Parking. (Administration) 11. *Action/Approval - Special Use Permit for Weaver Brothers Inc. for Truck and Trailer Storage. (Administration) 12. *Action/Approval - Special Use Permit to Sherry Swafford for a Community Garden. (Administration) 13. *Ordinance No. 3357-2023 - Amending Kenai Municipal Code Section 23.55.045 to Establish an Annual Tool Allowance for Classified Employees Required to Furnish their Own Standard Working Tools. (Administration) 14. *Ordinance No. 3358-2023 - Increasing Estimated Revenues and Appropriations in the General Fund to Provide Supplemental Funding for the Parks and Recreation Utilities Budget. (Administration) 15. APPROVED UNANIMOUSLY. Action/Approval - Extending the Facilities Management Agreement with the Kenai Chamber of Commerce for the Kenai Visitor and Cultural Center Facility Operations. (Administration) 16. APPROVED UNANIMOUSLY. Action/Approval - Amending an Employment Agreement between the City of Kenai and City Clerk, Michelle Saner. (Gabriel) 17. SPECIAL MEETING SCHEDULED FOR JUNE 21, 2023 AT 5:00 P.M. Discussion/Action - Scheduling a Special Meeting for June 29, 2023 for City Manager Evaluation (Gabriel) 18. Discussion/Action - Kenai Peninsula Borough Ordinance 2023-11 - Amending Borough Code to Reduce the Number of Seats on the Planning Commission. (Legal) I. 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 J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION 1. Review and Discussion of the City Clerk's Evaluation Which May be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk [AS 44.62.310(C)(2)]. Kenai City Council - Regular Meeting Page 4 of 4 June 07, 2023 N. PENDING ITEMS O. ADJOURNMENT P. 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/83759693764 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 837 5969 3764 Passcode: 996215 Meeting ID: 837 5969 3764 Passcode: 996215