HomeMy WebLinkAbout2023-06-21 Council PacketKenai City Council - Regular Meeting Page 1 of 4
June 21, 2023
Kenai City Council - Regular Meeting
June 21, 2023 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
**Telephonic/Virtual Information on Page 4**
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. 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)
2. 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)
3. Ordinance No. 3359-2023 - Increasing Estimated Revenues and Appropriations in the General
Fund and Municipal Roadway Improvements Capital Fund to Provide Supplemental Funding to
the 2023 North Willow Street Roadway Improvements, 2023 First Avenue Roadway Repairs,
and 2023 Miscellaneous Roadway Repairs Projects. (Administration) [KMC 1.15.070(d)]
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Enactment (Requires Five Affirmative Votes)
4. Resolution No. 2023-44 - Approving a Twelve-Month Extension of Time for Good Cause for
the Completion of Permanent Improvements for a Lease Between the City of Kenai and Soar
International Ministries, Inc., for Airport Reserve Lands Described as Tract A-1 of General
Aviation Apron Subdivision No. 7. (Administration)
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Kenai City Council - Regular Meeting Page 2 of 4
June 21, 2023
5. Resolution No. 2023-45 - Authorizing Renewal of the City’s Property, Liability, Workers’
Compensation, Airport and Other Ancillary Policies with the Alaska Municipal League Joint
Insurance Association for July 1, 2023 through June 30, 2024. (Administration)
6. Resolution No. 2023-46 - Authorizing a Contract Award to Supply Operational Chemicals for
the City’s Water Treatment and Wastewater Treatment Facilities. (Administration)
7. Resolution No. 2023-47 - Authorizing a Contract Award for Street Light Repairs and
Maintenance with Utility Locate Services. (Administration)
F. MINUTES
1. *Regular Meeting of June 7, 2023. (City Clerk)
G. UNFINISHED BUSINESS
1. Resolution No. 2023-40 - Authorizing a Construction Agreement and Corresponding Purchase
Order for the 2023 N. Willow Street Roadway Improvements Project.
(Administration) [Postponed at the 06/07/23 meeting to the 06/21/23 meeting]
Substitute Resolution No. 2023-40 - Authorizing a Construction Agreement and
Corresponding Purchase Order for the 2023 North Willow Street Roadway Improvements
Project. (Administration)
2. Resolution No. 2023-41 - Authorizing a Construction Agreement and Corresponding Purchase
Order for the 2023 First Avenue Roadway Repairs Project. (Administration) [Postponed at the
06/07/23 meeting to the 06/21/23 meeting]
Substitute Resolution No. 2023-41 - Authorizing a Construction Agreement and
Corresponding Purchase Order for the 2023 First Avenue Roadway Repairs Project.
(Administration)
3. Resolution No. 2023-42 - Authorizing a Construction Agreement and Corresponding Purchase
Order for the 2023 Miscellaneous Roadway Repairs Project. (Administration) [Postponed at the
06/07/23 meeting to the 06/21/23 meeting]
Substitute Resolution No. 2023-42 - Authorizing a Construction Agreement and
Corresponding Purchase Order for the 2023 Miscellaneous Roadway Repairs Project.
(Administration)
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - FY2023 Purchase Orders and Purchase Order Amendments Requiring
Council Approval in Accordance with KMC 7.15.020. (Administration)
3. *Action/Approval - FY2024 Purchase Orders and Purchase Order Amendments Requiring
Council Approval in Accordance with KMC 7.15.020. (Administration)
4. *Action/Approval - Third Amendment to the Agreement for Janitorial Services with Reborn
Again Janitorial Services. (Administration)
5. *Action/Approval - Assignment and Assumption of Lease Agreement of Lot 1A FBO
Subdivision, South Addition and Lot 2A1 FBO Subdivision, South Addition No. 2 to Schilling
Rentals, LLC. (Administration)
6. *Action/Approval - Non-Objection to the Renewal of a Recreational Site Liquor License for
Peninsula Oilers Baseball Club Inc., DBA Peninsula Oilers – License No. 846 (City Clerk)
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June 21, 2023
7. *Action/Approval - Non-Objection to the Renewal of a Beverage Dispensary Liquor License
for George Pitsilionis, DBA Pizza Paradisos – License No. 3032 (City Clerk)
8. *Action/Approval - Non-Objection to the Renewal of a Package Store Liquor License for Carr-
Gottstein Food Co., DBA Oaken Keg #1808 – License No. 3218 (City Clerk)
9. *Ordinance No. 3360-2023 - Accepting and Appropriating a Grant Received through Maddie’s
Fund to the Kenai Animal Shelter for the Care of Animals. (Administration)
10. *Ordinance No. 3361-2023 - Accepting and Appropriating Fiscal Year 2023 Funds from the
2022 Community Assistance Program, Passed through the State of Alaska, Department of
Commerce, Community, and Economic Development for National Floodplain Insurance
Program Training. (Administration)
11. *Ordinance No. 3362-2023 - Increasing Estimated Revenues and Appropriations in the Airport
Special Revenue and Airport Improvements Capital Project Funds to Provide Supplemental
Funding for the Kenai Municipal Airport’s Sand Storage Facility Project and Authorizing a
Contract Amendment for Professional Services. (Administration)
12. *Ordinance No. 3363-2023 - Amending Kenai Municipal Code Sections 14.20.330 - Standards
for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table, to Establish a
Minimum Standard for Public Notification for Commercial Marijuana Establishments and
Prohibit Limited Marijuana Cultivation Facilities in Residential Zoning Districts. (Douthit and
Baisden)
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
N. PENDING ITEMS
O. ADJOURNMENT
P. INFORMATION ITEMS
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Kenai City Council - Regular Meeting Page 4 of 4
June 21, 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/81792332527 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 817 9233 2527 Passcode: 110734 Meeting ID: 817 9233 2527 Passcode: 110734
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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 5
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 6
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.
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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 8
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 9
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 10
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Tyler Best, Parks and Recreation Director
DATE: June 13, 2023
SUBJECT: Supplemental information for Ordinance 3358-2023 – Appropriation of
Funds to Cover Utility Costs in Excess of Budgeted Amounts
The original memo for this Ordinance stated that the main reason for the increase in utility bills
was not explicitly known. After further review, the main reason for the increase was the addition
of Summer Ice.
In the FY23 budget, funding for utilities at the Multi-Purpose Facility (MPF) was reduced during
the summer months because it was determined there would be no summer ice. However, youth
leagues came to the City shortly after the budget passed asking the City to install summer ice
since both the City of Soldotna and the City of Kenai were not planning to provide ice until October.
The City agreed to add ice for the Months of August and September, but no additional funds were
added to help cover the increased costs of utilities for these two months.
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.
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Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3359-2023
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL
FUND AND MUNICIPAL ROADWAY IMPROVEMENTS CAPITAL FUND TO PROVIDE
SUPPLEMENTAL FUNDING TO THE 2023 NORTH WILLOW STREET ROADWAY IMPROVEMENTS,
2023 FIRST AVENUE ROADWAY REPAIRS, AND 2023 MISCELLANEOUS ROADWAY REPAIRS
PROJECTS.
WHEREAS, the City of Kenai released the 2023 N. Willow St. Roadway Improvements, 2023 First
Avenue Roadway Repairs, and 2023 Miscellaneous Roadway Repairs projects for construction bids on
May 18, 2023 with bids due on June 1, 2023; and,
WHEREAS, the lowest bids received on all three projects were in excess of the budgeted and engineer’s
estimated amounts; and,
WHEREAS, additional appropriations are required to award contracts for construction; and,
WHEREAS, appropriation of these funds and completion of these projects at this time is in the best
interest of the City as inflationary costs are expected to continue to rise over the coming year and it is
unlikely these projects would receive lower bids at a later date; and,
WHEREAS, due to the time constraints associated with completing these projects this summer season,
staff is requesting introduction and approval of this Ordinance at the same meeting on June 21st, 2023;
and,
WHEREAS, pursuant to KMC 1.15.070 (d) the City may introduce and finally pass on the same day, an
ordinance making, repealing, transferring or otherwise changing an appropriation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $274,000.00
Increase Appropriations –
Transfer to Municipal Roadway Improvements Capital Fund $274,000.00
Municipal Roadway Improvements Capital Fund:
Increase Estimated Revenues –
Transfer from General Fund $274,000.00
Increase Appropriations –
2023 N. Willow St. Roadway Improvements - Construction $95,000.00
2023 First Avenue Roadway Repairs - Construction 87,000.00
2023 Miscellaneous Roadway Repairs - Construction 92,000.00
Total $274,000.00
Page 12
Ordinance No. 3359-2023
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
Section 2. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 21ST DAY OF JUNE, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: June 21, 2023
Enacted: June 21, 2023
Effective: June 21, 2023
Page 13
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: June 14, 2023
SUBJECT: Ordinance 3359-2023 – Supplemental Funding in Support of Municipal
Roadway Improvement Projects
This Ordinance is intended to provide supplemental funding in support of the Municipal Roadway
Improvement Projects that were released for bids on May 18th with bids due on June 1st, 2023.
The three projects including N. Willow St Roadway Improvements which extends from the
intersection of Granite Point St. to just past the driveway entrance at 525 N. Willow for the
Department of Forestry’s leased lot; First Street repairs extending from the intersection at N.
Spruce to Birch St; and Miscellaneous Roadway Repairs which will repair settled asphalt areas
in nine different locations around the city.
Bids for all three projects came in higher than anticipated and were in excess of our engineer’s
estimates. Upon review of the bids, looking at recent bids received by the Kenai Peninsula
Borough and the City of Soldotna, as well as review of the State’s Department of Labor Davis
Bacon wages, it is clear that the inflationary environment is increasing costs for everyone. This
coupled with a lack of competition here on the Peninsula continues to drive prices up. There
simply is not enough firms with the manpower and resources to maintain a healthy vendor pool
here.
Understanding that inflation continues to persist, it is unlikely that these costs would be lower by
waiting to bid until next spring. Wages as example, have risen 7% from April 1st, 2022 – April 1,
2023 according to the Department of Labor Title 36 Pamphlet 600 which regulates government
wages for work on government contracts in excess of $25,000. I believe wages may see another
7% increase next April, which will only further impact the costs of these projects.
This Ordinance is requesting an additional $274,000 so all three projects can move forward with
completion dates within this construction season. Based on the urgency of the short construction
season we are also requesting the Ordinance is introduced and heard at the same meeting, to
allow the Contractors the greatest amount of time to successfully complete the work.
The Public Works Department in coordination with our design teams will work on getting these
projects out earlier in the year, extending bid times, and attempting to reach out to more bidders
in an effort to increase interest in our projects. With that said I do believe award of these projects
Page 14
Page 2 of 3
at this time remains in the best interest of the City. Council’s approval for the additional funding
is respectfully requested.
Cross Section of N. Willow Dr.
First Street typical damaged areas
Page 15
Page 3 of 3
Five of the Misc. Repair locations within the VIP Subdivision
Page 16
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2023-44
A RESOLUTION APPROVING A TWELVE-MONTH EXTENSION OF TIME FOR GOOD CAUSE FOR
THE COMPLETION OF PERMANENT IMPROVEMENTS FOR A LEASE BETWEEN THE CITY OF
KENAI AND SOAR INTERNATIONAL MINISTRIES, INC., FOR AIRPORT RESERVE LANDS
DESCRIBED AS TRACT A-1 OF GENERAL AVIATION APRON SUBDIVISION NO. 7.
WHEREAS, Resolution No. 2021-37 approved a lease between the City of Kenai and SOAR International
Ministries, Inc. for Tract A-1 of General Aviation Apron Subdivision No. 7; and,
WHEREAS, the lease requires the lessee to construct an approximately 120 foot by 180 foot hangar
facility for aircraft storage and maintenance, an aircraft ramp and tie-down area, and parking no later than
June 30, 2023 with an aggregate cost of at least $2,000,000; and,
WHEREAS, the lessee has requested a 12-month extension to complete the improvements due to market
challenges related to construction costs and material availability in a timely manner; and,
WHEREAS, KMC 21.10.080(g)(5) allows the Council to extend the time for completion of permanent
improvements required in a lease for up to twelve months for good cause; and,
WHEREAS, market conditions related to construction material costs and the ability to secure steel
structures in Alaska constitute good cause justifying a twelve-month lease extension.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Council agrees to amend the lease with SOAR International Ministries, Inc.
for Tract A-1, General Aviation Apron Subdivision No. 7 to extend the date that improvements are
required to be completed to June 30, 2024 for good cause as described above. The Council further
authorizes the City Manager to execute a lease amendment with SOAR International Ministries, Inc. to
effectuate the extension.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED 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
Page 17
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: June 13, 2023
SUBJECT: Resolution 2023-44 – SOAR International Ministries, Inc. Lease
Extension
Due to market conditions which have driven construction costs and challenges of material
availability, SOAR International Ministries, Inc. has not begun the physical construction process
in the preceding two years since lease inception. SOAR International Ministries, Inc. has
requested a 12-month extension to complete their required improvements on Tract A-2 of General
Aviation Apron (GAA) Subdivision No. 7 under Resolution 2021-37 (see request letter).
The request for a 12-month extension is consistent with KMC 21.10.080(g)(5). Similarly, to the
recent request by Schillings, if a building is ordered in a reasonable timeframe but cannot
reasonably be delivered or erected in the additional one year period, Administration would be
supportive of a future non-code ordinance allowing additional time to complete the project if
justified.
Thank you for your consideration.
Attachment
Request Letter
Resolution 2021-37
City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city
Page 18
JC Sponsored by: Administration
K~NAI
CITY OF KENAI
RESOLUTION NO. 2021-37
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING AN
AMENDMENT TO A LEASE OF AIRPORT RESERVE LANDS USING THE STANDARD
LEASE FORM BETWEEN THE CITY OF KENAI AND SOAR INTERNATIONAL
MINISTRIES, INCORPORATED, FOR TRACT A-2, GENERAL AVIATION APRON
SUBDIVISION NO.7.
WHEREAS, on July 1, 2019, SOAR International Ministries, Inc., (SOAR) submitted an
applicationto lease City owned properties within the Airport Reserve, described as the
undeveloped portion of Tract A , General Aviation Apron Number 2 ; and,
WHEREAS, SOAR's lease application states plans to construct a hangar facility for aircraft
storage and maintenance; a connecting office facility, an aircraft ramp and tie-down area,
and parking, an investment that gives a lease term of 45 years according to the term table in
Kenai Municipal Code 21.10.080; and,
WHEREAS, the proposed development would be mutually beneficial and would conform with
the Kenai Municipal Code for zoning, Kenai's Comprehensive Plan, the Airport Land Use Plan,
Airport Layout Plan, Federal Aviation Administration regulations, Airport Master Plan, Airport
Improvement Program grant assurances, and Airport operations; and,
WHEREAS, the City of Kenai did not receive a competing lease application within thirty (30)
days of publishing a public notice of the lease application from SOAR; and ,
WHEREAS, at their regular meeting on August 14, 2018, the Planning and Zoning
Commission reviewed the lease application and recommended approval by the City Council ;
and,
WHEREAS, at their regular meeting on August 8 , 2018, the A irport Commission reviewed
the lease application and recommended approval by the City Council; and,
WHEREAS , the Kenai City Council approved a 45-yea r leas e with Soar International Ministries
for Tract A-2 , General Aviation Apron Subdivision No. 7 to be used as a hang a r with office space ;
and,
WHEREAS, a 6-month application extension was granted by Kenai City Council on August 19,
2020 with an expiration date of February 2 1, 202 1; and,
WHEREAS, a le ase was delivered to S oar Internatio nal Ministries on Fe b ruary 19, 202 1; and ,
Page 20
Sponsored by: Administration
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CITY OF KENAI
RESOLUTION NO. 2023-45
A RESOLUTION AUTHORIZING RENEWAL OF THE CITY’S PROPERTY, LIABILITY, WORKERS’
COMPENSATION, AIRPORT AND OTHER ANCILLARY POLICIES WITH THE ALASKA MUNICIPAL
LEAGUE JOINT INSURANCE ASSOCIATION FOR JULY 1, 2023 THROUGH JUNE 30, 2024.
WHEREAS, with the assistance of its broker, the City solicited quotes for General Liability & Automobile,
Property & Mobile Equipment, Airport Liability, and Workers’ Compensation from the two public entity
risk pools operating in Alaska; and,
WHEREAS, Alaska Municipal League Joint Insurance Association (AMLJIA) provided the lowest total
quote of $789,920 for General Liability & Automobile, Property & Mobile Equipment, Airport Liability, and
Workers’ Compensation; and,
WHEREAS, the City has been a member of Alaska Municipal League Joint Insurance Association
(AMLJIA) since July 1, 2020 receiving competitive rates and quality insurance coverage for the City; and,
WHEREAS, maintaining quality and sufficient amounts of insurance coverage is in the best interest of
the City and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Council authorizes the City Manager to renew the City’s insurance coverage
for FY2024 with AMLJIA for an estimated annual premium of $789,920.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED 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: _________________
Page 23
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Lana Metcalf, Controller
DATE: June 12, 2023
SUBJECT: Resolution 2023-45 - Authorizing renewal of the City’s Property,
Liability, Workers’ Compensation, Airport and other ancillary policies
with the Alaska Municipal League Joint Insurance Association.
Each year the City goes through a process of renewing its property, liability, workers’
compensation, airport, and other ancillary insurance coverages. As part of the renewal process,
the City obtained quotes through its insurance broker, including quotes from Alaska Municipal
League Joint Insurance Association (AMLJIA) and Alaska Public Entity Insurance (APEI).
The quote from AMLJIA was for a total of $789,920 and the quote from APEI was for a total of
$897,770. The Finance Department, with the assistance of the City’s broker, determined that the
rates and the insurance offered by AMLJIA for FY24 are in the best interest of the City and
recommend renewing coverage with AMLJIA. In addition, AMLJIA has provided the City’s
insurance coverage since July 1, 2020 and has provided satisfactory coverage.
Thank you for your consideration.
Page 24
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2023-46
A RESOLUTION AUTHORIZING A CONTRACT AWARD TO SUPPLY OPERATIONAL CHEMICALS
FOR THE CITY’S WATER TREATMENT AND WASTEWATER TREATMENT FACILITIES.
WHEREAS, the City of Kenai annually contracts for the purchase of various chemicals in support of the
water treatment and wastewater treatment plants; and,
WHEREAS, an Invitation to Bid for these chemicals for FY2024 was released on June 1, 2023 with Bids
due on June 15, 2023; and,
WHEREAS, the following bids were received:
Water
Treatment
Plant
Wastewater Treatment Plant
Vendor
Sodium
HypoChlorite
(32) Totes
(3) 3000lb
Tote Sodium
Bisulfite
Sodium
HypoChlorite
(13) Totes
(50) 50lb
bags
Hydrated
Lime
(10) 55gal
drums of
Clarifloc C-
6276 polymer
Cascade Columbia
– Total Bid
$115,919.00
$72,160.00 $10,800.00 $30,459.00 $2,500.00 N/A
Univar Solutions –
Total Bid
$105,070.47
$69,361.92 $5,431.77 $28,178.28 $2,098.50 N/A
Brenntag – Total Bid
$86,722.10 $56,231.04 $5,968.80 $22,678.76 $1,843.50 N/A
PolyDyne Inc. –
Total Bid
$14,175.00 N/A N/A N/A N/A $14,175.00
; and,
WHEREAS, four bids were received by the City with Brenntag found to be the lowest responsive
responsible bidder for the sodium hypochlorite, sodium bisulfite and hydrated lime with a total combined
bid in the amount of $86,722.10 and PolyDyne Inc. was found to be the lowest responsive responsible
bidder for the WWTP Clarifloc C-6276 Polymer at a total bid of $14,175.00; and,
WHEREAS, these contract awards will allow both plants to continue to operationally meet the City’s
regulated permit requirements, and this award is in the best interest of the City.
Page 25
Resolution No. 2023-46
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
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 contract award and corresponding
purchase order to Brenntag in the amount of $86,722.10 and PolyDyne Inc in the amount of $14,175.00
to provide operational chemicals for the water treatment and wastewater treatment plants from July 1st,
2023 through June 30, 2024.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED 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: _________________
Page 26
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Director of Public Works
DATE: June 14, 2023
SUBJECT: Resolution 2023-46 – Chemicals for FY2024
This memo requests Council’s approval for a contract award to supply and deliver operational
chemicals for the City’s Water Treatment and Wastewater Treatment Facilities. These chemicals
allow the Water & Sewer Department to safely treat the City’s drinking water and to sanitize the
effluent leaving the wastewater plant into Cook Inlet waters.
Chemicals that continue to be purchased through this annual agreement include sodium
hypochlorite as a sanitizing agent, sodium bisulfite to remove chlorination prior to discharging
effluent into Cook Inlet waters, lime to adjust ph in the digester, and polymer for dewatering of
wastewater sludge.
Of note this year we are making some changes from a dry polymer used in our sludge belt press
at the City’s wastewater plant to a liquid emulsion polymer to be used with our new sludge screw
press which is anticipated to be operational in July 2023.
A formal Invitation to Bid was released on June 1st with Bids due on June 15th with Brenntag
found to be the lowest responsive responsible bidder for the sodium hypochlorite, sodium bisulfite
and hydrated lime with a total combined bid in the amount of $86,722.10 and PolyDyne Inc. was
found to be the lowest responsive responsible bidder for the WWTP Clarifloc C-6276 Polymer at
a total bid of $14,175.00. Combined operational chemicals for the year will total $100,897.10.
Chemicals continue to be an expensive operational cost for the utility. We competitively bid them
annually, with FY23 actual costs of $126,060.50 and FY22 actual costs of $85,841.08. The
FY2024 budget included $125,500 for these chemicals between the water and wastewater
facilities.
Staff continues to seek operational efficiencies to get the most out of chemicals while remaining
within in our permitting requirements.
Council’s approval is respectfully requested.
Page 27
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2023-47
A RESOLUTION AUTHORIZING A CONTRACT AWARD FOR STREET LIGHT REPAIRS AND
MAINTENANCE WITH UTILITY LOCATE SERVICES.
WHEREAS, the City of Kenai annually contracts for street light repairs and utility locate services; and,
WHEREAS, an Invitation to Bid for these services for FY2024 was released on June 1, 2023 with Bids
due on June 15, 2023; and,
WHEREAS, the following bids were received:
Company Bid
Kachemak Electric $56,330
; and,
WHEREAS, Kachemak Electric was found to be the lowest responsive and responsible bidder with a
total bid in the amount of $56,330; and,
WHEREAS, the bids provide unit pricing for these services, with an initial contract established to account
for 300 utility locates, 30 light assessments, and $20,000 of force account to cover actual costs of repair
materials; and,
WHEREAS, actual services may vary based on the City’s needs and demands for these services. Costs
paid to contractor will only be for services received.
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 contract award and corresponding
purchase order to Kachemak Electric in the amount of $56,330 for street light repairs and maintenance
with utility locate services.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED 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: _________________
Page 28
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Director of Public Works
DATE: June 14, 2023
SUBJECT: Resolution 2023-47 – Service Contract to Provide Street Light Repair
and Maintenance Services
The purpose of this memo is to request Council’s approval to award a service contract and issue
of a Purchase Order to Kachemack Electric in the amount of $56,330 to provide street light repair
and maintenance services as well as utility location services on an as needed basis through
Fiscal Year 2024 ending June 30th, 2024. This is an annually budgeted service.
The Public Works Department released a formal Invitation to Bid on June 1, 2023 with bids due
on June 15, 2023. The ITB requested per unit costs for initial assessment of inoperable street
lights, labor for minor repairs like bulb and photocell replacements with materials to be billed at
actual costs, Labor costs for line break repairs, and individual utility locate costs. Bid schedule
as detailed below.
Page 29
Page 2 of 2
One bid was received by the Department with Kachemack Electric providing the lowest
responsive responsible bid. The combined bid which includes 300 utility locates, 30 light
assessments and the City’s $20,000 force account for materials totals $56,330.
Award of this service contract and issuance of this Purchase Order to Kachemack Electric is in
the best interest of the City, Council’s support is respectfully requested.
Page 30
KENAI CITY COUNCIL – REGULAR MEETING
JUNE 7, 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 12
June 7, 2023
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on June 7, 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
Teea Winger Deborah Sounart
Alex Douthit Victoria Askin
Henry Knackstedt
A quorum was present.
Also in attendance were:
Terry Eubank, City Manager
Scott Bloom, City Attorney
Dave Ross, Police Chief
Tyler Best, Parks & Recreation Director
Linda Mitchel, Planning Director
Eland Conway, Airport Manager
Stephanie Randall, Human Resource Director
Lana Metcalf, Controller
Scott Curtin, Public Works Director
Shellie Saner, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following additions to the Packet:
Add item E.1. Public Hearing – Ordinance No. 3353-2023
• Amendment Memo - Human Resources
• Amendment Memo - Finance
Add item H.18. Discussion/Action - Kenai Peninsula Borough Ordinance 2023-11
• KPB Ordinance 2023-11 Substitute
Add item P.1. Informational Items
• Kenai Animal Shelter Animal Fair Flyer
MOTION:
Council Member Knackstedt MOVED to approve the agenda and consent agenda with the requested
additions. Council Member Winger SECONDED the motion.
Page 31
City of Kenai Council Meeting Page 2 of 12
June 7, 2023
Mayor Gabriel asked if there were any additional revisions to the agenda or consent agenda.
MOTION TO SUSPEND THE RULES:
Council Member Knackstedt MOVED to suspend the rules and address agenda item H.16. amending an
employment agreement between the City of Kenai and City Clerk, Michelle Saner to be heard after
agenda item M. 1. Executive Session to review and discuss the City Clerk’s evaluation. Council Member
Winger SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to suspend the rules.
VOTE: There being no objection; SO ORDERED.
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.
UNANIMOUS CONSENT was requested on approval of the agenda and consent agenda as amended.
VOTE: There being no objection; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and
will be approved by one motion. There will be no separate discussion of these items unless a council
member so requests, in which case the item will be removed from the consent agenda and considered
in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED ADMINISTRATIVE REPORTS - None.
C. SCHEDULED PUBLIC COMMENTS - None.
D. UNSCHEDULED PUBLIC COMMENTS
Samantha Springer, Executive Director of the Kenai Chamber of Commerce & Visitor Center addressed
the Council regarding “Lemonade Day” scheduled for June 10, 2023, and the 38th Annual Kenai Chamber
of Commerce Fundraiser scheduled for June 24, 2023; and she encourage everyone to attend both
events.
Marion Nelson, Board President of the Kenai Fine Art Center addressed the Council regarding the current
exhibit “Making Her Mark”; working with the City Manager regarding updates to Old Town Park; and
available funding for a storage unit.
Lindsay Burtoldo, addressed the Council regarding the Alaska State Board of Education and Early
Developments meeting scheduled for June 8, 2023 at the Kenai Peninsula Borough Assembly Chambers;
specifically addressing Agenda Item 13B - A Resolution to Preserve Opportunity for Student Athletes
While Balancing Competitive Fairness, Inclusion and Safety for All who Compete.
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)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3353-2023. 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.
Page 32
City of Kenai Council Meeting Page 3 of 12
June 7, 2023
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend Ordinance 3353-2023 and the Fiscal Year 2024 Budget
Document as follows:
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 page228
Increase Salaries and Benefits by an additional $7,156.
Vice Mayor Baisden SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend the Fiscal Year 2024 Budget Document as follows:
Fire, General Fund on page 134
Account Number 001-22-4536, Insurance
Increase the proposed budget amount from $59,928 to $68,344
Wastewater Treatment Plant, Special Revenue Funds on page 216
Account Number 010-67-4536, Insurance
Increased the proposed budget amount from $29,516 to $35,726
Airport Airfield, Special Revenue Funds on page 228
Account Number 008-62-0700, Workers Compensation
Increase the proposed budget amount from $5,785 to $5,995
Account Number 008-62-4536, Insurance
Increase the proposed budget amount from $113,016 to $124,187
Senior Citizen Fund - Home Delivered Meals, Special Revenue Funds on page 251
Account Number 019-72-0700, Workers Compensation
Increase the proposed budget amount from $2,038 to $2,064
Congregate Housing, Enterprise Funds on page 280
Account Number 009-62-4536, Insurance
Increase the proposed budget amount from $18,886 to 22,472
For an overall increase of $29,619 to the FY24 Budget Document.
Vice Mayor Baisden SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend Ordinance 3353-2023 as follows:
The Ordinance Title, the seventh Whereas clause and Section 3 by decreasing the amount from
$5,761,661 to $5,648,285.
Section 2, funding appropriation table to read,
“General Fund $ [19,468,821] 19,477,237
Enterprise Fund –
Page 33
City of Kenai Council Meeting Page 4 of 12
June 7, 2023
Congregate Housing Fund [723,685] 727,271
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] 3,898,005
Airport Fund [3,853,333] 3,871,870
Senior Citizen Fund 1,023,501
Total Special Revenue Funds [9,263,075] 9,287,822
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
Waste 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] 35,680,663
Council Member Askin SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
It was reported that the two amendments were requested for the purpose of providing an appropriate
compensation structure for the Airport Operations Supervisor position; and the City received late notice
our insurer that due to variances in insurance rates, AMJIA and APEI declined to offer the City a three-
year contract with the associated discount.
There was discussion and concerns stated regarding revenues in the future maintaining at the level of
expenditures; the changes were to address inflation; the City was still able to fund Capital Projects; and
staff was thanked for all of their work on the budget.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Douthit, Baisden, Askin, Gabriel, Winger, Sounart, Knackstedt
NAY: None
MAIN MOTION AS AMENDED PASSED.
Page 34
City of Kenai Council Meeting Page 5 of 12
June 7, 2023
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)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3354-2023. 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.
It was reported that the software was primarily used with cell phones.
VOTE:
YEA: Baisden, Askin, Gabriel, Winger, Sounart, Knackstedt, Douthit
NAY: None
MOTION PASSED.
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)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3355-2023. 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.
VOTE:
YEA: Askin, Gabriel, Winger, Sounart, Knackstedt, Douthit, Baisden
NAY: None
MOTION PASSED.
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)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3356-2023. 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 the staff and Human Resource Department for bringing this forward.
VOTE:
YEA: Gabriel, Winger, Sounart, Knackstedt, Douthit, Baisden, Askin
NAY: None
MOTION PASSED.
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)
MOTION:
Council Member Douthit MOVED to adopt Resolution No. 2023-38. Council Member Winger SECONDED
the motion.
Page 35
City of Kenai Council Meeting Page 6 of 12
June 7, 2023
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
It was reported that the City has had the same mill rate for the last ten-years, which shows a stable tax
environment for our residents and businesses.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
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, Parks and Recreation Fees, City Dock Fees, Water Fees, Sewer Fees,
Senior Center Fees, and Adjusting the Monthly Rental Rates at Vintage Pointe.
(Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2023-39. Council Member Winger
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
7. Resolution No. 2023-40 - Authorizing a Construction Agreement and Corresponding
Purchase Order for the 2023 N. Willow Street Roadway Improvements Project.
(Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2023-40. Council Member Sounart
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
It was reported that the bids for this item and the next two closed on Thursday and all three bids exceeded
the budget; the administration is reviewing those bids, available funding and options for moving forward;
and the administration requested postponement of Resolutions 2023-40, 2023-41 and 2023-42 until June
21, 2023.
MOTION:
Council Member Knackstedt MOVED to postpone Resolution 2023-40 until the June 21, 2023 City
Council meeting. Council Member Sounart SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to postpone.
VOTE: There being no objection; SO ORDERED.
8. Resolution No. 2023-41 - Authorizing a Construction Agreement and Corresponding
Purchase Order for the 2023 First Avenue Roadway Repairs Project. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2023-41. Council Member Winger
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
Page 36
City of Kenai Council Meeting Page 7 of 12
June 7, 2023
MOTION:
Council Member Knackstedt MOVED to postpone Resolution 2023-41 until the June 21, 2023 City
Council meeting. Council Member Askin SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to postpone.
VOTE: There being no objection; SO ORDERED.
9. Resolution No. 2023-42 - Authorizing a Construction Agreement and Corresponding
Purchase Order for the 2023 Miscellaneous Roadway Repairs Project. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2023-42. Council Member Sounart
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
MOTION:
Council Member Knackstedt MOVED to postpone Resolution 2023-42 until the June 21, 2023 City
Council meeting. Council Member Winger SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to postpone.
VOTE: There being no objection; SO ORDERED.
10. Resolution No. 2023-43 - Authorizing a Construction Agreement and Corresponding
Purchase Order for the Kenai Fire Department Apparatus Bay Floor Refinishing Project.
(Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2023-43. Vice Mayor Baisden SECONDED
the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
It was reported that the previous flooring replacement projects were inside the staff area and this project
was for the apparatus bay floors.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
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: The motion to approve was on the floor from the May 17, 2023 regular City Council meeting.]
It was reported that Diving Point LLC had sent a letter stating they did not want to extend the agreement;
the administration requested the Council fail or postpone indefinitely the motion to extend.
MOTION:
Page 37
City of Kenai Council Meeting Page 8 of 12
June 7, 2023
Vice Mayor Baisden MOVED to postpone indefinitely the motion to approve the extension to the
agreement for Tourism and Marketing Services with Diving Point, LLC for one year. Council Member
Winger SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to postpone indefinitely.
VOTE: There being no objection; SO ORDERED.
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
Approved by the consent agenda.
2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council
Approval in Accordance with KMC 7.15.020. (Administration)
Approved by the consent agenda.
3. *Action/Approval - Confirming the Appointment of Lisa Gabriel to the Harbor Commission for a
Partial Term Ending December 31, 2025. (Baisden)
Approved by the consent agenda.
4. *Action/Approval - Special Use Permit to the Department of Natural Resources Forestry for
Apron Space for Aircraft Loading and Parking. (Administration)
Approved by the consent agenda.
5. *Action/Approval - Special Use Permit to Alaska Geographic for a Vending Kiosk in Terminal
Space. (Administration)
Approved by the consent agenda.
6. *Action/Approval - Special Use Permit to Alaska Air Fuel for Apron Space for Aircraft Loading
and Parking. (Administration)
Approved by the consent agenda.
7. *Action/Approval - Special Use Permit to Crowley Fuels for Apron Space for Aircraft Loading
and Parking. (Administration)
Approved by the consent agenda.
8. *Action/Approval - Special Use Permit to Empire Airlines for Apron Space for Aircraft Loading
and Parking. (Administration)
Approved by the consent agenda.
9. *Action/Approval - Special Use Permit to Everts Air Fuel for Apron Space for Aircraft Loading
and Parking. (Administration)
Approved by the consent agenda.
10. *Action/Approval - Special Use Permit to United Parcel Service Co., Inc. for Apron Space for
Aircraft Loading and Parking. (Administration)
Approved by the consent agenda.
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City of Kenai Council Meeting Page 9 of 12
June 7, 2023
11. *Action/Approval - Special Use Permit for Weaver Brothers Inc. for Truck and Trailer Storage.
(Administration)
Approved by the consent agenda.
12. *Action/Approval - Special Use Permit to Sherry Swafford for a Community Garden.
(Administration)
Approved by the consent agenda.
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)
Introduced by the consent agenda and Public Hearing set for June 21, 2023.
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)
Introduced by the consent agenda and Public Hearing set for June 21, 2023.
15. Action/Approval - Extending the Facilities Management Agreement with the Kenai Chamber of
Commerce for the Kenai Visitor and Cultural Center Facility Operations. (Administration)
[Council Member Douthit declared a possible conflict with Extending the Facilities Management Agreement with the
Kenai Chamber of Commerce for the Kenai Visitor and Cultural Center Facility Operations, as he is a member of
the Kenai Chamber of Commerce Board of Directors. Mayor Gabriel ruled a conflict did exist and Council Member
Douthit abstained from discussion and voting on the subject.]
MOTION:
Council Member Knackstedt MOVED to approve extending the facilities management agreement with
the Kenai Chamber of Commerce. Council Member Winger SECONDED the motion.
UNANIMOUS CONSENT was requested.
MOTION APPROVED, without objection.
16. Action/Approval - Amending an Employment Agreement between the City of Kenai and City
Clerk, Michelle Saner. (Gabriel)
[Clerk’s Note: At the setting of the Agenda a motion to suspend the rules was approved and item H. 16. was
scheduled to be heard after item M. 1.]
17. Discussion/Action - Scheduling a Special Meeting for June 29, 2023 for City Manager
Evaluation (Gabriel)
A Special Meeting was scheduled for June 21, 2023 at 5:00 p.m.
18. Discussion/Action - Kenai Peninsula Borough Ordinance 2023-11 - Amending Borough Code
to Reduce the Number of Seats on the Planning Commission. (Legal)
It was reported that the City had requested postponement of Kenai Peninsula Borough (KPB) Ordinance
2023-11 to allow the Council time to weigh in on the matter after proposed amendments; however, the
Assembly enacted the ordinance as it was amended to guarantee the City a seat on the Commission.
Page 39
City of Kenai Council Meeting Page 10 of 12
June 7, 2023
I. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
Council Member Sounart reported the June 8, 2023 meeting was cancelled, next meeting July 13, 2023.
2. Airport Commission
Council Member Askin reported the June 8, 2023 meeting was cancelled, next meeting July 13, 2023.
3. Harbor Commission
Council Member Douthit reported the June 12, 2023 meeting was cancelled, next meeting August 7,
2023.
4. Parks and Recreation Commission
Council Member Knackstedt reported the June 1, 2023 meeting was cancelled, next meeting August 3,
2023.
5. Planning and Zoning Commission
Council Member Douthit reported on the May 18, 2023 Joint Work Session with Beautification and on the
May 24, 2023 meeting.
6. Beautification Committee
Council Member Winger reported the next meeting is September 12, 2023.
J. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Attending the Avenue of Flags and speaking at Leif Hanson Park on Memorial Day.
• Attending a quarterly meeting of the Mayors of the Kenai Peninsula Borough, organized by KPB
Mayor Micciche.
• Attending the Return of the Reds event and the Kenai Art Center Exhibit.
• Provided information regarding the Food Drive competition between the City’s of Kenai and
Soldotna.
K. ADMINISTRATION REPORTS
1. City Manager - City Manager Eubank reported on the following:
• Receipt of the PPA for the Bluff Erosion Project; estimated construction would be in 2024 and
2025 with a one-year warranty.
• Attending the Return of the Reds Event.
• Dog Park update.
• Store Front Improvement application packets were now available.
• Park Strip playground equipment installed.
• Preparations were underway for the Personal Use Fishery.
• Annual Air Fair would take place on Saturday
• Introduced the new Parks & Recreation Director Tyler Best.
• Kick off meeting for the Old Town Playground project.
• KPB holding a meeting on the Flood Plain Maps.
• A subdivision installation agreement with Clint Hall was signed, the subdivision will have 31
lots.
Page 40
City of Kenai Council Meeting Page 11 of 12
June 7, 2023
• Working with KPB to address stumps in the slash site.
• Land donation to the Boys and Girls Club has been completed.
• Update on the Wildwood Drive project.
2. City Attorney – No report.
3. City Clerk – City Clerk Saner reported on the following:
• International Institute of Municipal Clerks Annual Conference in Minneapolis, Minnesota.
L. ADDITIONAL PUBLIC COMMENTS
1. Citizen Comments (Public comments limited to (5) minutes per speaker) - None.
2. Council Comments
Council Member Douthit reminded everyone about the upcoming Chamber Fundraiser; reported he would
be absent at the June 21, 2023 meeting; and volunteered to fill in for Vice Mayor Baisden at the June 14,
2023 Planning and Zoning Commission meeting.
Council Member Sounart congratulated new Parks and Recreation Director Best; thanked Planning
Director Mitchell for the Store Front Improvement packets; and noted the Dog Park was coming along
nicely.
Council Member Askin congratulated new Parks and Recreation Director Best; reported attending the
Memorial Day Services; and thanked Planning Director Mitchell for the Store Front Improvement packets.
Council Member Winger offered her condolences to the family of Bob Summers, noting he had been a
teacher at Kenai Middle School for the last 25-years; she thanked the Kenai Fire Department for donating
Fire Truck rides; congratulated new Parks and Recreation Director Best; thanked Officer Trevor Miller for
25-years of service; reminded everyone of the upcoming Kenai Animal Shelter Animal Fair this weekend;
and that entry registrations for the Fourth of July Parade were still available.
Vice Mayor Baisden offered his condolences to the family of Bob Summers and noted it was his 37th
Wedding Anniversary.
Council Member Knackstedt congratulated new Parks and Recreation Director Best; reminded everyone
of this weekends Air Fair; and reported that volunteers had repaired the leaks on the roofs of the historic
cabins.
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)].
MOTION:
Council Member Knackstedt MOVED to enter into executive session to review and discuss the annual
evaluation of the City Clerk which may be a subject that tends to prejudice the reputation and character
of the City Clerk. Ms. Saner has elected to have the discussion take place in executive session. The
executive session will include Mayor Gabriel, City Council Members and City Clerk Saner. Vice Mayor
Baisden SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
MOTION:
Council Member Knackstedt MOVED to reconvene into regular session. Council Member Winger
SECONDED the motion.
Page 41
City of Kenai Council Meeting Page 12 of 12
June 7, 2023
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
[Clerk’s Note: Council entered into executive session at 7:48 p.m. and reconvened into regular session at 7:57 p.m.]
Council reconvened in open session and reported that Council met in executive session with the City
Clerk to discuss her evaluation and discussion was successful.
H. 16. Action/Approval - Amending an Employment Agreement between the City of Kenai and City
Clerk, Michelle Saner. (Gabriel)
MOTION:
Council Member Knackstedt MOVED to approve the employment agreement between the City of Kenai
and City Clerk, Michelle Saner. Council Member Askin SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
N. PENDING ITEMS
O. ADJOURNMENT
P. INFORMATIONAL ITEMS - None.
There being no further business before the Council, the meeting was adjourned at 7:58 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of June 7, 2023.
___________________________________
Michelle M. Saner, MMC
City Clerk
** The student representative may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not
affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student
representative may not move or second items during a council meeting.
Page 42
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 43
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 44
Page 2 of 2
Page 45
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2023-40 (SUBSTITUTE)
A RESOLUTION AUTHORIZING A CONSTRUCTION AGREEMENT AND CORRESPONDING
PURCHASE ORDER FOR THE 2023 NORTH 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
Knik Construction Company, Inc. $1,050,797
Foster Construction LLC $1,179,318
; and,
WHEREAS, Knik Construction Company, Inc. was found to be the lowest responsive and responsible
bidder; and,
WHEREAS, bids received were in excess of previously budgeted and engineer estimated amounts; and,
WHEREAS, after negotiations with Contractor and removal of some scope of work items including several
culverts the new proposed contract amount shall be $1,017,833; and,
WHEREAS, staff evaluation of the bid received, comparing with other similar government agencies in the
area, and understanding the current inflationary environment it has been determined that award to Knik
Construction Company, Inc. 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 Knik
Construction Company, Inc. in the amount of $1,017,833 for the 2023 N. Willow St. Roadway
Improvements Project.
Section 2. That the City Manager is authorized to issue a corresponding purchase order to Knik
Construction Company, Inc. in the total amount of $1,017,833, which includes $50,000 in contingency
force account funding in support of the project.
Section 3. That this Resolution takes effect immediately upon passage.
Page 46
Resolution No. 2023-40 (Substitute)
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
PASSED 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: _________________
Contingent upon passage of Ordinance No. 3359-2023
Page 47
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: June 14, 2023
SUBJECT: Resolution 2023-40 – 2023 (Substitute) 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
Knik Construction Company, Inc. $1,050,797
Foster Construction LLC $1,179,318
Knik Construction Company, Inc. was found to be the lowest responsive and responsible bidder
with a total bid cost of $1,050,797. Both bids received were in excess of budgeted amounts and
after negotiations with Knik Construction to remove some items from the scope of work the new
contracted cost will be $1,017,833. Removal of these bid items does not change the bid ranking.
It is the Department’s recommendation that award to Knik Construction is in the best interest of
the City.
It is noted that approval of this Resolution is dependent upon Council’s approval of Ordinance
3359-2023 being introduced and heard at the June 21st, 2023 council meeting. Without passage
of that Ordinance there will not be sufficient funds available to award the project.
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.
Page 48
Page 2 of 2
Council’s support is respectfully requested.
Page 49
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 50
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 51
Page 2 of 3
Page 52
Page 3 of 3
Page 53
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2023-41 (SUBSTITUTE)
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
Foster Construction $211,831
; and,
WHEREAS, Foster Construction as the only bidder, was found to be the lowest responsive and
responsible bidder; and,
WHEREAS, bids received were in excess of previously budgeted and engineer estimated amounts; and,
WHEREAS, after negotiations with Contractor and removal of some scope of work items including topsoil
and seeding the new proposed contract amount shall be $205,831; and,
WHEREAS, staff evaluation of the bid received, comparing with other similar government agencies in the
area, and understanding the current inflationary environment it has been determined that award to Foster
Construction 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 Foster
Construction in the amount of $205,831 for the 2023 First Avenue Roadway Repairs Project.
Section 2. That the City Manager is authorized to issue a corresponding purchase order to Foster
Construction in the total amount of $205,831, which includes $7,500 in contingency force account funding
in support of the project.
Section 3. That this Resolution takes effect immediately upon passage.
Page 54
Resolution No. 2023-41 (Substitute)
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
PASSED 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: _________________
Contingent upon passage of Ordinance No. 3359-2023
Page 55
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: June 14, 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
Foster Construction $211,831
Foster Construction was found to be the lowest responsive and responsible bidder with a total bid
cost of $211,831. The bid was in excess of budgeted amounts and after negotiations with Foster
Construction to remove some items from the scope of work the new contracted cost will be
$205,831. It is the Department’s recommendation that award to Foster Construction is in the best
interest of the City.
It is noted that approval of this Resolution is dependent upon Council’s approval of Ordinance
3359-2023 being introduced and heard at the June 21st, 2023 council meeting. Without passage
of that Ordinance there will not be sufficient funds available to award the project.
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 56
Page 2 of 3
Page 57
Page 3 of 3
Page 58
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 59
Resolution No. 2023-42
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
Michelle M. Saner, MMC, City Clerk
Page 60
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 61
Page 2 of 3
Page 62
Page 3 of 3
Page 63
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2023-42 (SUBSTITUTE)
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
Foster Construction $276,580
; and,
WHEREAS, Foster Construction as the only bidder, was found to be the lowest responsive and
responsible bidder; and,
WHEREAS, bids received were in excess of previously budgeted and engineer estimated amounts; and,
WHEREAS, after negotiations with Contractor and removal of some scope of work items including topsoil
and seeding the new proposed contract amount shall be $260,080; and,
WHEREAS, staff evaluation of the bid received, comparing with other similar government agencies in the
area, and understanding the current inflationary environment it has been determined that award to Foster
Construction 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 Foster
Construction in the amount of $260,080 for the 2023 Misc. Roadway Repairs Project.
Section 2. That the City Manager is authorized to issue a corresponding purchase order to Foster
Construction in the total amount of $260,080, which includes $10,000 in contingency force account
funding in support of the project.
Section 3. That this Resolution takes effect immediately upon passage.
Page 64
Resolution No. 2023-42 (Substitute)
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
PASSED 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: _________________
Contingent upon passage of Ordinance No. 3359-2023
Page 65
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: June 14, 2023
SUBJECT: Resolution 2023-42 (Substitute) – 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
Foster Construction $276,580
Foster Construction was found to be the lowest responsive and responsible bidder with a total bid
cost of $276,580. The bid was in excess of budgeted amounts and after negotiations with Foster
Construction to remove some items from the scope of work the new contracted cost will be
$260,080. It is the Department’s recommendation that award to Foster Construction is in the best
interest of the City.
It is noted that approval of this Resolution is dependent upon Council’s approval of Ordinance
3359-2023 being introduced and heard at the June 21st, 2023 council meeting. Without passage
of that Ordinance there will not be sufficient funds available to award the project.
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 66
Page 2 of 3
Page 67
Page 3 of 3
Page 68
PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: JUNE 21, 2023
VENDOR DESCRIPTION
PERS PERS
REBORN AGAIN JANITORIAL MAY SERVICES
INVESTMENTS
VENDOR DESCRIPTION
DEPARTMENT
VARIOUS
AIRPORT
MATURITY DATE
ACCOUNT
LIABILITY
REPAIR & MAINTENANCE
AMOUNT
AMOUNT
104,444.96
4,231.25
Effect. Int.
Page 69
PURCHASE ORDERS OVER $35,000.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF: JUNE 21, 2023
VENDOR DESCRIPTION DEPT.
INCREASE OF EXISTING PURCHASE ORDER
VENDOR DESCRIPTION P.O.# -DEPT.
ACCOUNT
REASON
124639 -PUBLIC SAFETY ADDITIONAL DESIGN
LARSON ENGINEERING COMMUNICATIONS TOWER STUDY CAPITAL PROJECT .NEEDED
AMOUNT
AMOUNT TOTAL PO AMT
10,500.00 52,750.00
Page 70
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: June 14, 2023
SUBJECT: Purchase Order – Larson Engineering & Design
This memo is to request a purchase order increase to Larson Engineering’s existing PO124639
from $42,250 to $52,750 an increase of $10,500 to complete necessary design work for the City
of Kenai Communications Tower Foundation and Connection bid documents.
Larson Engineering has performed an assessment of the tower, and it has been determined that
the cable stays need to be replaced with larger diameter cables, and they need to be relocated
off of the structure to a ground mount. Completion of this work is critical as it is affecting other
grant work that cannot take place until the repairs have been made. The police department has
a grant which requires installation of some new antennae however Motorola will not complete
their work until the engineered repairs have been completed.
Costs associated with this work are reasonable and completion of this work at this time is in the
best interest of the City. Council’s support is respectfully requested.
Page 71
FISCAL YEAR 2024
PURCHASE ORDERS OVER $35,000.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF: JUNE 21, 2023
VENDOR DESCRIPTION
NALCO COMPANY FY24 CHEMICALS
DEPT. ACCOUNT AMOUNT
WATER OPERATING SUPPLIES 50,000.00
Page 72
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 – Nalco Company LLC
This memo is to request approval for our annual Purchase Order to Nalco Company LLC for the
supply of proprietary chemicals for the Water Treatment Plant for the 2024 Fiscal Year. Sufficient
budget for this purchase resides in the Water Operating Repair & Maintenance Supply account,
contingent upon Council’s approval of the FY2024 budget. This is a routine annual sole source
purchase.
Account information below:
010-465-2022 Water Operating Repair & Maintenance Supply - $50,000
The Water Department will be conducting water sampling and testing this fall, which will be open
to a competitive process with multiple firms being invited. This is intended to provide multiple
vendor options for the Utility to ensure chemicals are being purchased as cost effectively as
possible. For this reason the initial purchase order is only being requested for $50,000, there is a
possibility a different Vendor will be providing these chemicals after the testing is completed.
Council will see additional legislation if that comes to pass.
Council’s approval is respectfully requested.
Page 73
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Eland Conway, Airport Manager
DATE: June 13, 2023
SUBJECT: Terminal Custodial Services – 3rd Amendment
On July 1, 2020, Reborn Again Janitorial Services signed a one-year agreement with the Kenai
Municipal Airport to provide terminal custodial services. This agreement included four options to
renew. The contractor has requested a 3rd additional amendment to the existing contract. There
is one additional renewal option remaining on the contract.
Airport Administration recommends executing this 3rd Amendment.
Thank you for your consideration.
Page 74
THIRD AMENDMENT TO AGREEMENT FOR JANITORIAL SERVICES
The Agreement for Janitorial Services made the 1st day of July 2020, by and
between the CITY OF KENAI, hereinafter called “Owner”, whose address is 210 Fidalgo
Avenue, Kenai, AK 99611-7794, and, Reborn Again Janitorial Services, whose mailing
address is P.O.Box 927, Kenai, AK 99611, hereinafter called “Contractor,” is hereby
amended as follows:
1). Pursuant to Section 2 of the Agreement for Janitorial Services the term of
the Agreement for Janitorial Service for the Kenai Municipal Airport is extended for one
year, beginning on July 1, 2023 and ending on June 30, 2024.
2). All other terms and conditions of the Agreement remain unchanged and in full
force and effect.
DATED this ____ day of , 2023.
CITY OF KENAI
By:
Terry Eubank, City Manager
Reborn Again Janitorial Services Reborn Again Janitorial Services
By: By:
Sylvia Trevino, Owner Erica Jackson, Owner
Page 75
(If Lessee is a corporate-style entity)
ATTEST:
Name
Title
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ___ day of
, 2023, by Terry Eubank, City Manager for the City of Kenai.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ___ day of
, 2023, by Reborn Again Janitorial Services, an Alaskan corporation on behalf of
the corporation.
Notary Public for Alaska
My Commission Expires:
Approved as for form:
Scott Bloom, City Attorney
Approved by Finance:
Lana Metcalf, Acting Finance Director
Page 76
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: June 14, 2023
SUBJECT: Action/Approval - Consent to Assignment and Assumption of Lease
Agreement, of Lot 1A, FBO Subdivision, South Addition and Lot 2A1,
FBO Subdivision, South Addition No. 2 to Schilling Rentals, LLC
Jeffrey Dolifka has submitted an application for an Assignment and Assumption of Lease
Agreement from Kenai Airport Logistics, LLC, Assignor to Schilling Rentals, LLC, Assignee.
There are no proposed changes to the use or lease agreement. A map of the parcel is attached
to this memorandum.
The original Leases were executed between the City of Kenai and Dan O. Pitts with an effective
date of August 1, 1984, for Lots 1A and 2A, FBO Subdivision, South Addition, recorded in Book
243, Pages 491-521 on August 13, 1984 in the Kenai Recording District. A replat of Lot 2A, FBO
Subdivision, South Addition to Lot 2A1, FBO Subdivision, South Addition No. 2 amended the
lease, recorded in Book 317, Pages 905-906 on October 5, 1987 in the Kenai Recording District.
The subject leases are for a term of 97 years, and expires on June 30, 2081.
Dan O. Pitt, entered into an Assignment of Lease to Kenai Airport Logistics, LLC with an effective
date of January 8, 2016, for leasehold interest in the property. The Lessee is in compliance with
the terms and conditions of the lease.
If City Council approves the consent to Assignment and Assumption of Lease Agreement the
City Manager will be authorized to sign the Consent to Assignment.
Thank you for your consideration.
Attachments
Aerial Map
Draft Consent to Assignment
Page 77
Page 78
Consent to Assignment of Lease – LOT 1A, FBO SUBDIVISION, SOUTH ADDITION Page 1 of 2
KENAI RECORDING DISTRICT
After Recording, Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
CITY OF KENAI
CONSENT TO ASSIGNMENT
The Assignment of that certain Lease entered into on July 27, 1984, and recorded in Book 243 at
Pages 491-505, on August 13, 1984, in the Kenai Recording District, from the CITY OF KENAI to
DAN O. PITTS, and thereafter assigned to KENAI AIRPORT LOGISTICS, LLC by Assignment of
Lease, recorded on January 15, 2016 from KENAI AIRPORT LOGISTICS, LLC, whose address is
P.O. Box 1916, Soldotna, AK 99669, to SCHILLING RENTALS, LLC, whose address is 420 N.
Willow Street, Kenai, Alaska 99611, covering the following-described property:
LOT 1A, FBO SUBDIVISION, SOUTH ADDITION, according to the official plat
thereof, file under Plat No. 84-218, books and records of Kenai Recording District,
Third Judicial District, State of Alaska,
is hereby ACKNOWLEDGED AND CONSENTED TO, subject to the same terms and conditions as
contained in the above-described original Lease, and any and all amendments thereto.
This Consent is given by the City of Kenai without waiving any right or action, or releasing the
Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve
the Assignee from the condition requiring the City's approval for any subsequent sublease or
assignment.
Dated this day of , 2023.
CITY OF KENAI
Terry Eubank, City Manager
Page 79
Consent to Assignment of Lease – LOT 1A, FBO SUBDIVISION, SOUTH ADDITION Page 2 of 2
ACKNOWLEDGEMENT
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2023, Terry Eubank, City
Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory
evidence of identification, appeared before me and acknowledged the voluntary and authorized
execution of the foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
APPROVED AS TO FORM:
Scott Bloom, City Attorney
Page 80
Consent to Assignment of Lease – LOT 2A1, FBO SUBD., SOUTH ADDN NO. 2 Page 1 of 2
KENAI RECORDING DISTRICT
After Recording, Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
CITY OF KENAI
CONSENT TO ASSIGNMENT
The Assignment of that certain Lease entered into on July 27, 1984, and recorded in Book 243 at
Pages 506-521, on August 13, 1984, in the Kenai Recording District, from the CITY OF KENAI to
DAN O. PITTS, and thereafter assigned to KENAI AIRPORT LOGISTICS, LLC by Assignment of
Lease, recorded on January 15, 2016 from KENAI AIRPORT LOGISTICS, LLC, whose address is
P.O. Box 1916, Soldotna, AK 99669, to SCHILLING RENTALS, LLC, whose address is 420 N.
Willow Street, Kenai, Alaska 99611, covering the following-described property:
LOT 2A1, FBO SUBDIVISION, SOUTH ADDITION NO. 2, according to the official
plat thereof, file under Plat No. 86-186, books and records of Kenai Recording
District, Third Judicial District, State of Alaska,
is hereby ACKNOWLEDGED AND CONSENTED TO, subject to the same terms and conditions as
contained in the above-described original Lease, and any and all amendments thereto.
This Consent is given by the City of Kenai without waiving any right or action, or releasing the
Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve
the Assignee from the condition requiring the City's approval for any subsequent sublease or
assignment.
Dated this day of , 2023.
CITY OF KENAI
Terry Eubank, City Manager
Page 81
Consent to Assignment of Lease – LOT 2A1, FBO SUBD., SOUTH ADDN NO. 2 Page 2 of 2
ACKNOWLEDGEMENT
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2023, Terry Eubank, City
Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory
evidence of identification, appeared before me and acknowledged the voluntary and authorized
execution of the foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
APPROVED AS TO FORM:
Scott Bloom, City Attorney
Page 82
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Shellie Saner, City Clerk
DATE: June 14, 2023
SUBJECT: Liquor License Renewal – Peninsula Oilers
The following establishment has submitted applications to the Alcohol and Marijuana Control
Office (AMCO) for a renewal of licenses:
Applicant: Peninsula Oilers Baseball Club Inc
D/B/A: Peninsula Oilers
License Type: Recreational Site – Seasonal
License No.: 846
Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they
have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to
the liquor license renewal will be forwarded to the ABC Board and the applicants.
Your consideration is appreciated.
Page 83
Department of Commerce, Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
April 26, 2023
City of Kenai
Kenai Peninsula Borough
Via Email: MJenkins@kpb.us JVanHoose@kpb.us jratky@kpb.us Cjackinsky@kpb.us
MAldridge@kpb.us ncarver@kpb.us slopez@kpb.us JBlankenship@kpb.us assemblyclerk@kpb.us
bcarter@kpb.us
Re: Notice of 2023/2024 Liquor License Renewal Application
License Type: Recreational Site License Number: 846
Licensee: Peninsula Oilers Baseball Club Inc
Doing Business As:
Peninsula Oilers
We have received a completed renewal application for the above listed license (see attached application
documents) within your jurisdiction. This is the notice required under AS 04.11.480.
A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by
furnishing the director and the applicant with a clear and concise written statement of reasons for the
protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to
defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If
a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary,
capricious, and unreasonable.
To protest the application referenced above, please submit your written protest within 60 days, and
show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity
to defend the application before a meeting of the local governing body.
Sincerely,
Joan Wilson, Director
amco.localgovernmentonly@alaska.gov
Page 84
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Meghan Thibodeau 5/16/2023 4:51:29 PM (Form Submission)
Approve by Jeremy Hamilton 5/16/2023 5:06:44 PM (Fire Marshall Review)
The task was assigned to Jeremy Hamilton. The due date is: May 25, 2023 5:00 PM
5/16/2023 4:51:30 PM
Approve by Donald Hendrickson 5/18/2023 8:58:26 AM (Building Official Review)
The task was assigned to Donald Hendrickson. The due date is: May 25, 2023 5:00 PM
5/16/2023 4:51:31 PM
Approve by David Ross 5/17/2023 9:03:24 AM (Police Department Review)
The task was assigned to David Ross. The due date is: May 25, 2023 5:00 PM 5/16/2023 4:51:31 PM
Approve by Tina Williamson 5/17/2023 2:58:08 PM (Finance Asst Review)
The task was assigned to Tina Williamson. The due date is: May 25, 2023 5:00 PM
5/16/2023 4:51:31 PM
Approve by Cindy Herr 5/17/2023 9:32:03 AM (Legal Asst Review)
There are no monies owed for fines or restitution.
The task was assigned to Cindy Herr. The due date is: May 25, 2023 5:00 PM 5/16/2023 4:51:31 PM
Approve by Linda Mitchell 5/17/2023 10:31:48 AM (Lands Review)
The task was assigned to Linda Mitchell. The due date is: May 25, 2023 5:00 PM 5/16/2023 4:51:32 PM
Approve by Lana Metcalf 5/22/2023 9:36:15 AM (Finance Review)
The task was assigned to Terry Eubank. The due date is: May 26, 2023 5:00 PM 5/17/2023 2:58:09 PM
Tabby Smallwood reassigned the task to Lana Metcalf 5/19/2023 11:42:59 AM
Terry says Lana has to do this now
Approve by Scott Bloom 5/17/2023 3:00:45 PM (Legal Review)
The task was assigned to Scott Bloom. The due date is: May 26, 2023 5:00 PM 5/17/2023 2:58:10 PM
Approve by Linda Mitchell 6/14/2023 3:47:13 PM (P&Z Department Review)
The task was assigned to Linda Mitchell. The due date is: May 26, 2023 5:00 PM 5/17/2023 2:58:10 PM
Page 85
AMCO License Application
Date
License Type
Licensee
Doing Business As
Premises Address City, State
Contact Licensee
Contact Phone No.Contact Email
Name
Phone No.Email
File Upload
5/12/2023
Establishment Information
Recreational Site-Seasonal
Peninsula Oilers Baseball Club Inc
Peninsula Oilers
103 S Tinker Kenai, AK
Contact Information
Michael Tice
907-830-8149 mtice@me.com
Additional Contact Information
Diana Tice
907-830-8239 diana@oilersbaseball.com
Documents
846_2023-04-26_Complete_Renewal_Application.pdf 6.38MB
KPB Non-objection.pdf 132KB
Page 86
Page 87
Page 88
Page 89
144 North Binkley Street, Soldotna, Alaska 99669 (907) 714-2160 (907) 714-2388 Fax
Office of the Borough Clerk
Michele Turner, CMC Acting Borough Clerk
Office of the Borough Clerk
5/16/2023
Sent via email: cityclerk@kenai.city
Kenai City Hall
City of Kenai
RE: Non-Objection of Application
Dear Ms. Saner,
This serves to advise that the Kenai Peninsula Borough has reviewed the above
referenced application and has no objection.
Should you have any questions, or need additional information, please do not hesitate
to let us know.
Sincerely,
Michele Turner, CMC
Acting Borough Clerk
cc: mtice@me.com;
mailto:amco.localgovernmentonly@alaska.gov
MT/tw
Licensee/Applicant : PENINSULA OILERS BB CLUB INC
Business Name : PEN OILERS BASEBALL CLUB INC
License Type : Recreational Site
License Location : 103 S. Tinker Ln, City of Kenai
License No. : 846
Application Type : License Renewal
Page 90
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Shellie Saner, City Clerk
DATE: June 14, 2023
SUBJECT: Liquor License Renewal – Pizza Paradisos
The following establishment has submitted applications to the Alcohol and Marijuana Control
Office (AMCO) for a renewal of licenses:
Applicant: George Pitsilionis
D/B/A: Pizza Paradisos
License Type: Beverage Dispensary
License No.: 3032
Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they
have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to
the liquor license renewal will be forwarded to the ABC Board and the applicants.
Your consideration is appreciated.
Page 91
Department of Commerce, Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
May 17, 2023
City of Kenai,
Kenai Peninsula Borough
Via Email cityclerk@kenai.city; micheleturner@kpb.us; jratky@kpb.us; tward@kpb.us;
mjenkins@kpb.us; jvanhoose@kpb.us; cjackinsky@kpb.us; maldridge@kpb.us ; slopez@kpb.us;
jblankenship@kpb.us; bcarter@kpb.us; g_notify_assemblyclerk@kpb.us
Re: Notice of 2023/2024 Liquor License Renewal Application
License Type: Beverage Dispensary License License
Number:
3032
Licensee: Solitaire, LLC
Doing Business As:
Pizza Paradisos
032
We have received a completed renewal application for the above listed license (see attached application
documents) within your jurisdiction. This is the notice required under AS 04.11.480.
A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by
furnishing the director and the applicant with a clear and concise written statement of reasons for the
protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to
defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If
a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary,
capricious, and unreasonable.
To protest the application referenced above, please submit your written protest within 60 days, and
show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity
to defend the application before a meeting of the local governing body.
Sincerely,
Joan Wilson, Director
amco.localgovernmentonly@alaska.gov
Page 92
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Meghan Thibodeau 5/17/2023 5:13:25 PM (Form Submission)
Approve by Jeremy Hamilton 5/17/2023 6:12:35 PM (Fire Marshall Review)
The task was assigned to Jeremy Hamilton. The due date is: May 26, 2023 5:00 PM
5/17/2023 5:13:26 PM
Approve by Donald Hendrickson 5/18/2023 8:56:43 AM (Building Official Review)
The task was assigned to Donald Hendrickson. The due date is: May 26, 2023 5:00 PM
5/17/2023 5:13:26 PM
Approve by David Ross 5/18/2023 10:20:46 AM (Police Department Review)
The task was assigned to David Ross. The due date is: May 26, 2023 5:00 PM 5/17/2023 5:13:26 PM
Approve by Tina Williamson 5/18/2023 11:03:03 AM (Finance Asst Review)
The task was assigned to Tina Williamson. The due date is: May 26, 2023 5:00 PM
5/17/2023 5:13:27 PM
Approve by Cindy Herr 5/17/2023 5:34:30 PM (Legal Asst Review)
There are no monies owed for fines or restitution.
The task was assigned to Cindy Herr. The due date is: May 26, 2023 5:00 PM 5/17/2023 5:13:27 PM
Approve by Linda Mitchell 5/17/2023 5:30:16 PM (Lands Review)
The task was assigned to Linda Mitchell. The due date is: May 26, 2023 5:00 PM 5/17/2023 5:13:27 PM
Approve by Lana Metcalf 5/22/2023 9:35:47 AM (Finance Review)
The task was assigned to Terry Eubank. The due date is: May 29, 2023 5:00 PM 5/18/2023 11:03:04 AM
Tabby Smallwood reassigned the task to Lana Metcalf 5/19/2023 11:42:59 AM
Terry says Lana has to do this now
Approve by Scott Bloom 5/18/2023 12:52:11 PM (Legal Review)
The task was assigned to Scott Bloom. The due date is: May 29, 2023 5:00 PM 5/18/2023 11:03:04 AM
Approve by Linda Mitchell 6/14/2023 3:51:33 PM (P&Z Department Review)
The task was assigned to Linda Mitchell. The due date is: May 29, 2023 5:00 PM
5/18/2023 11:03:05 AM
Page 93
AMCO License Application
Date
License Type
Licensee
Doing Business As
Premises Address City, State
Contact Licensee
Contact Phone No.Contact Email
Name
Phone No.Email
File Upload
5/9/2023
Establishment Information
Beverage Dispensary
George Pitsilionis
Pizza Paradisos
811 Main St Kenai, AK
Contact Information
George Pitsilionis
907-283-2222
Additional Contact Information
Joanna Pitsilionis
907-953-2222 gianainc@gmail.com
Documents
#3032 Complete Renewal Application w Temp -.pdf 5.94MB
LGB Renewal Notice License #3032.pdf 272.93KB
Page 94
Page 95
Page 96
Page 97
144 North Binkley Street, Soldotna, Alaska 99669 (907) 714-2160 (907) 714-2388 Fax
Office of the Borough Clerk
Michele Turner, CMC
Acting Borough Clerk
Office of the Borough Clerk
5/19/2023
Sent via email: cityclerk@kenai.city
Kenai City Hall
City of Kenai
RE: Non-Objection of Application
Dear Ms. Saner,
This serves to advise that the Kenai Peninsula Borough has reviewed the above
referenced application and has no objection.
Should you have any questions, or need additional information, please do not hesitate
to let us know.
Sincerely,
Michele Turner, CMC
Acting Borough Clerk
cc: gianainc@gmail.com;
mailto:amco.localgovernmentonly@alaska.gov
MTtwr
Licensee/Applicant : Joanna Pitsilionis
Business Name : PIZZA PARADISOS
License Type : Beverage Dispensary
License Location : 815 Frontage Rd, City of Kenai
License No. : 3032
Application Type : License Renewal
Page 98
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Shellie Saner, City Clerk
DATE: June 16, 2023
SUBJECT: Liquor License Renewal – Oaken Keg #1808
The following establishment has submitted applications to the Alcohol and Marijuana Control
Office (AMCO) for a renewal of licenses:
Applicant: Carr-Gottstein Foods Co.
D/B/A: Oaken Keg #1808
License Type: Package Store
License No.: 3218
Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they
have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to
the liquor license renewal will be forwarded to the ABC Board and the applicants.
Your consideration is appreciated.
City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city
Page 99
Department of Commerce, Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
June 8, 2023
City of Kenai, Kenai Peninsula Borough
Via Email: micheleturner@kpb.us; jratky@kpb.us; tward@kpb.us; mjenkins@kpb.us;
jvanhoose@kpb.us; cjackinsky@kpb.us; maldridge@kpb.us; slopez@kpb.us; jblankenship@kpb.us;
bcarter@kpb.us ; g_notify_assemblyclerk@kpb.us; cityclerk@kenai.city
Re: Notice of 2023/2024 Liquor License Renewal Application
License Type: Package Store License Number: 3218
Licensee: Carr-Gottstein Food Co.
Doing Business As:
Oaken Keg
We have received a completed renewal application for the above listed license (see attached application
documents) within your jurisdiction. This is the notice required under AS 04.11.480.
A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by
furnishing the director and the applicant with a clear and concise written statement of reasons for the
protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to
defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If
a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary,
capricious, and unreasonable.
To protest the application referenced above, please submit your written protest within 60 days, and
show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity
to defend the application before a meeting of the local governing body.
Sincerely,
Joan Wilson, Director
amco.localgovernmentonly@alaska.gov
THE STATE
01ALASKA
GOVERNOR MIKE DU LEAVY
I I
Page 100
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Meghan Thibodeau 6/8/2023 2:54:10 PM (Form Submission)
Approve by Jeremy Hamilton 6/8/2023 3:00:48 PM (Fire Marshall Review)
The task was assigned to Jeremy Hamilton. The due date is: June 19, 2023 5:00 PM
6/8/2023 2:54:10 PM
Approve by Donald Hendrickson 6/9/2023 9:37:29 AM (Building Official Review)
The task was assigned to Donald Hendrickson. The due date is: June 19, 2023 5:00 PM
6/8/2023 2:54:11 PM
Approve by David Ross 6/8/2023 4:17:01 PM (Police Department Review)
The task was assigned to David Ross. The due date is: June 19, 2023 5:00 PM 6/8/2023 2:54:11 PM
Approve by Tina Williamson 6/13/2023 10:17:13 AM (Finance Asst Review)
The task was assigned to Tina Williamson. The due date is: June 19, 2023 5:00 PM
6/8/2023 2:54:11 PM
Approve by Cindy Herr 6/8/2023 3:00:24 PM (Legal Asst Review)
No monies owed in restitution or traffic fines.
The task was assigned to Cindy Herr. The due date is: June 19, 2023 5:00 PM 6/8/2023 2:54:11 PM
Approve by Linda Mitchell 6/14/2023 3:48:05 PM (Lands Review)
The task was assigned to Linda Mitchell. The due date is: June 19, 2023 5:00 PM 6/8/2023 2:54:11 PM
Approve by Lana Metcalf 6/16/2023 9:29:29 AM (Finance Review)
The task was assigned to Lana Metcalf. The due date is: June 23, 2023 5:00 PM 6/14/2023 3:48:06 PM
Approve by Scott Bloom 6/14/2023 3:52:08 PM (Legal Review)
The task was assigned to Scott Bloom. The due date is: June 23, 2023 5:00 PM 6/14/2023 3:48:07 PM
Approve by Linda Mitchell 6/14/2023 3:53:53 PM (P&Z Department Review)
The task was assigned to Linda Mitchell. The due date is: June 23, 2023 5:00 PM 6/14/2023 3:48:07 PM
•
Page 101
AMCO License Application
Date
License Type
Licensee
Doing Business As
Premises Address City, State
Contact Licensee
Contact Phone No.Contact Email
Name
Phone No.Email
File Upload
6/8/2023
Establishment Information
Package Store
Carr-Gottstein Food Co.
Oaken Keg #1808
10576 Kenai Spur Hwy Kenai, AK
Contact Information
Cody Perdue
208-395-3216 legal.licensing.team@albertsons.com
Additional Contact Information
Naomi Nakamura-Dees
925-226-5065 legal.licensing.team@albertsons.com
Documents
#3128 Completed Renewal Application with Temp.pdf 3.86MB
Oaken Keg LGB Renewal Notice License # 3218.pdf 261.65KB
Page 102
144 North Binkley Street, Soldotna, Alaska 99669 (907) 714-2160 (907) 714-2388 Fax
Office of the Borough Clerk
Michele Turner, CMC Acting Borough Clerk
Office of the Borough Clerk
6/12/2023
Sent via email: cityclerk@kenai.city
Kenai City Hall
City of Kenai
RE: Non-Objection of Application
Dear Ms. Saner,
This serves to advise that the Kenai Peninsula Borough has reviewed the above
referenced application and has no objection.
Should you have any questions, or need additional information, please do not hesitate
to let us know.
Sincerely,
Michele Turner, CMC
Acting Borough Clerk
cc: legal.licensing.team@albertsons.com;
mailto:amco.localgovernmentonly@alaska.gov
MT/tw
Licensee/Applicant : Carr-Gottstein Foods Co.
Business Name : Safeway - Oaken Keg #1808
License Type : Package Store
License Location : 10576 Kenai Spur Highway, Kenai, AK 99611, City of
Kenai
License No. : 3218
Application Type : License Renewal
Page 106
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3360-2023
AN ORDINANCE ACCEPTING AND APPROPRIATING A GRANT RECEIVED THROUGH MADDIE’S
FUND TO THE KENAI ANIMAL SHELTER FOR THE CARE OF ANIMALS.
WHEREAS, the Kenai Animal Shelter applied for a grant through a 2023 Community Conversations with
Maddie’s Fund and received an award of $2,500; and,
WHEREAS, Maddie’s Fund is a family foundation that provides grants to animal shelter organizations
towards ‘increased community collaborations and live outcomes’; and,
WHEREAS, the animal control chief has identified the need for additional staff training and some
additional equipment to be purchased with these grant funds; and,
WHEREAS, the acceptance of these grant funds to further the mission of the Animal Shelter is in the
best interest of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the City Manager is authorized to accept these grant funds and to expend them as
authorized by this ordinance and in line the intentions of the grant.
Section 2. That estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Miscellaneous Grants $2,500
Increase Appropriations –
Animal Control – Small Tools $1,000
Animal Control – Transportation 1,500
Total $2,500
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.
Page 107
Ordinance No. 3360-2023
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF JULY, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: June 21, 2023
Enacted: July 5, 2023
Effective: July 5, 2023
Page 108
MEMORANDUM
TO: Mayor Brian Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: David Ross, Police Chief
DATE: June 9, 2023
SUBJECT: Ordinance No. 3360-2023 - Maddie’s Fund grant for Kenai Animal
Shelter
The Kenai Animal shelter applied for and received a grant after participating in the April 2023
Community Conversations. The Kenai Animal Shelter was awarded $2,500.00 in addition to the
$4,375.00 that was awarded earlier in 2023. The Community Conversations was funded by
Maddie’s Fund. The Animal Control Chief has identified the need for additional staff training and
some additional equipment to be purchased with the grant funds.
I am respectfully requesting consideration of the ordinance accepting and designating those funds
to the Kenai Animal Shelter as they were intended.
About Maddie’s Fund:
Maddie's Fund® is a family foundation established in 1994 by Dave and Cheryl Duffield and is the
fulfillment of a promise to an inspirational dog, Maddie. She provided them much joy for over ten
years and continues to inspire them today.
The Foundation has awarded over $265 million in grants toward increased community
collaborations and live outcomes, pioneering shelter medicine education and establishing foster
care as a standard across the U.S.
Maddie’s Fund proudly offers the industry a national voice, important funding opportunities for
bold ideas, learning resources and access to collaborate and share
innovative solutions. The Foundation invests its resources in a commitment
to keeping pets and people together, creating a safety net of care for animals
in need and operating within a culture of inclusiveness and humility.
#ThanksToMaddie.
Page 109
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3361-2023
AN ORDINANCE ACCEPTING AND APPROPRIATING FISCAL YEAR 2023 FUNDS FROM THE 2022
COMMUNITY ASSISTANCE PROGRAM, PASSED THROUGH THE STATE OF ALASKA,
DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT FOR NATIONAL
FLOODPLAIN INSURANCE PROGRAM TRAINING.
WHEREAS, the Planning and Zoning Department received $1,085.89 in federal grant funds from 2022
Community Assistance Program, passed through the State of Alaska, Department of Commerce,
Community, and Economic Development, for training travel reimbursement; and,
WHEREAS, the funds will be used to reimburse travel costs related to the Planning Director’s attendance
at the Managing Floodplain Development through the National Floodplain Insurance Program course;
and,
WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose
intended.
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 to fulfill the purpose and
intent of this ordinance.
Section 2. That estimated revenues and appropriations be increased in the FY2023 Budget as
follows:
General Fund:
Increase Estimated Revenues –
Federal Grants – Planning & Zoning $1,085.89
Increase Appropriations –
Planning & Zoning – Transportation $1,085.89
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.
Page 110
Ordinance No. 3361-2023
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF JULY, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: June 21, 2023
Enacted: July 5, 2023
Effective: July 5, 2023
Page 111
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: June 13, 2023
SUBJECT: Ordinance No. 3361-2023 - National Floodplain Insurance Program
Training Grant
The State of Alaska, Department of Commerce, Community, and Economic Development
received funds from the 2022 Community Assistance Program to pay for National Floodplain
Insurance Program (NFIP) training grants for Floodplain Administrators. These funds can be
spent on travel and lodging expenses for attendance of a NFIP course.
The purpose of this ordinance is to accept and appropriate a grant of $1,085.89 for travel
reimbursement on completion of the course Managing Floodplain Development through NFIP.
Thank you for your consideration.
Page 112
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3362-2023
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT
SPECIAL REVENUE AND AIRPORT IMPROVEMENTS CAPITAL PROJECT FUNDS TO PROVIDE
SUPPLEMENTAL FUNDING FOR THE KENAI MUNICIPAL AIRPORT’S SAND STORAGE FACILITY
PROJECT AND AUTHORIZING A CONTRACT AMENDMENT FOR PROFESSIONAL SERVICES.
WHEREAS, the Kenai Municipal Airport (KMA) Sand Storage Facility project was authorized by Council
through Ordinance 3155-2020 effective October 7, 2020; and,
WHEREAS, the Ordinance authorized a Construction Contract to Orion Construction in the amount of
$2,289,000 and awarded Contract Amendment 1 to HDL Engineering Consultants to cover contract
administration fees proposed at $190,332 for a total design agreement to date of $456,013; and,
WHEREAS, this project has experienced significant delays arising from the COVID pandemic and the
supply chain issues created as a result of the pandemic, causing the need for significant additional
construction administrative services; and,
WHEREAS, this Ordinance provides supplemental funding in the amount of $100,000 to cover the
additionally requested construction administrative costs of $132,993 to carry the project through
completion anticipated for end of the calendar year 2023; and,
WHEREAS, existing contingency funding is available to make up the difference between the $132,993
HDL Engineering Consultants Contract Amendment #2 and the $100,000 in supplemental funding being
requested; and,
WHEREAS, staff is coordinating with the Federal Aviation Administration (FAA), and expects a significant
portion of these costs to be grant eligible and reimbursable to the City; and,
WHEREAS, Council will see an additional Ordinance at a later date for appropriation of the Federal
Aviation Administration (FAA) grant share once these amounts are known and confirmed; and,
WHEREAS, completion of this Ordinance at this time will allow the design team to continue to support
the project and charge for their services against the funding being provided with passage of this
Ordinance; and,
WHEREAS, staff evaluation of the services provided to date and the requested fees for continued
services are reasonable given the circumstances surrounding the project; and,
WHEREAS, approval of this Ordinance and authorization of Contract Amendment #2 to HDL Engineering
Consultants in the amount of $132,993 is in the best interest of the City; and,
WHEREAS, total project costs to date will then be $2,289,000 for Construction and $589,006 for Design
& Construction Administrative Services for a total project cost of $2,878,006.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the estimated revenues and appropriations be increased as follows:
Page 113
Ordinance No. 3362-2023
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
Airport Special Revenue Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $100,000
Increase Appropriations –
Transfer to Airport Improvement Capital Project Fund $100,000
Airport Improvement Capital Project Fund:
Increase Estimated Revenues –
Transfer from Airport Special Revenue Fund $100,000
Increase Appropriations:
KMA Sand Storage Facility (329) –
Construction $100,000
Section 2. That the City Manager is authorized to execute Contract Amendment #2 with HDL
Engineering Consultants in the amount of $132,993 and increase their existing purchase order 120153
by that same amount.
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 5TH DAY OF JULY, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: June 21, 2023
Enacted: July 5, 2023
Effective: July 5, 2023
Page 114
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: June 14, 2023
SUBJECT: Ordinance 3362-2023 – Supplemental Funding for the Kenai Municipal
Airport Sand Storage Facility
This Ordinance is intended to provide supplemental funding for the Kenai Municipal Airport (KMA)
Sand Storage Facility project to allow the design team to continue to provide services in support
of this project. As Council is aware this project has experienced significant time delays. The
original contract award to Orion Construction was in October 2020 and significant supply chain
challenges became apparent with varying COVID 19 restrictions nationwide.
Construction was able to restart this spring with all materials now sourced and available. The
concrete foundation was poured on June 14th, 2023 with structural steel on site with planned
installation through July. The overall project is expected to be completed by October.
To get to this point significant coordination with the Contractor and the design team was required
well beyond what a typical project would be under normal circumstances. The requested contract
amendment #2 to HDL Engineering in the amount of $132,993 is intended to provide services
through the end of the project including closeout with the FAA. They include costs from all of HDL
sub-consultants including architectural, structural, mechanical and electrical, as well as their own
civil and contract admin fees.
The $100,000 supplement requested is enough to cover these costs with existing contingency
funds. Staff is working with the FAA on contract change concurrence and intends to bring back
to Council at a later date another Ordinance to appropriate the FAA’s grant share.
This project remains a priority for the Airport, and staff looks forward to the benefits it will provide
going into the next winter season. Council will continue to be kept informed of the projects
progress through the department’s midmonth reports. Council’s support of this Ordinance is
respectfully requested.
Page 115
Page 2 of 2
Page 116
Sponsored by: Council Members Douthit and Baisden
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3363-2023
AN ORDINANCE AMENDING KENAI MUNICIPAL CODE SECTIONS 14.20.330 - STANDARDS FOR
COMMERCIAL MARIJUANA ESTABLISHMENTS, AND 14.22.010 - LAND USE TABLE, TO
ESTABLISH A MINIMUM STANDARD FOR PUBLIC NOTIFICATION FOR COMMERCIAL MARIJUANA
ESTABLISHMENTS AND PROHIBIT LIMITED MARIJUANA CULTIVATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS.
WHEREAS, property owner notification for proposed commercial marijuana establishments are mailed
to all property owners within a five hundred (500) foot periphery of the parcel affected by the proposed
action; and,
WHEREAS, a limited marijuana cultivation facility is permitted with a Conditional Use Permit in the Rural
Residential (RR), Rural Residential 1 (RR-1), Suburban Residential (RS), Suburban Residential 1 (RS-
1), Suburban Residential 2 (RS-2), Urban Residential (RU), General Commercial (CG), Light Industrial
(IL), Heavy Industrial (IH), and Limited Commercial (LC) zoning districts; and,
WHEREAS, residents have expressed concerns with the proximity of commercial marijuana cultivation
facilities near residential neighborhoods and not receiving notices of proposed commercial marijuana
cultivation facilities nearby their residence; and,
WHEREAS, the prohibition of limited marijuana cultivation facilities in residential zoning districts will
preserve and protect the intent of the residential zoning districts and ensure consistency with the Kenai
Municipal Code Section 14.20.230 - Home Occupations, which prohibits commercial marijuana
establishments as a home occupation; and,
WHEREAS, establishing a minimum number of property owners to be notified of proposed commercial
marijuana cultivation facility would increase the noticing area and address noticing concerns.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Subsection 14.20.330(c) of Kenai Municipal Code: That Kenai Municipal
Code, Section 14.20.330(c), Standards for commercial marijuana establishments, is hereby amended as
follows:
14.20.330(c) Standards for commercial marijuana establishments.
(c) A public hearing shall be scheduled before the Planning and Zoning Commission to review the
conditional use permit application once it has been deemed complete. The public hearing shall be
scheduled in accordance with the requirements in KMC 14.20.280, except that notification shall be
mailed to all real property owners on record on the Borough Assessor’s records within a five hundred
(500) foot periphery of the parcel affected by the proposed action. The notice area will be expanded
until a minimum of thirty (30) different property owners are available for notification.
Section 2. Amendment of Section 14.22.010 of Kenai Municipal Code: That Kenai Municipal Code,
Section 14.22.010 is hereby amended as follows:
Page 117
Ordinance No. 3363-2023
Page 2 of 9
New Text Underlined; [DELETED TEXT BRACKETED]
14.22.010 Land use table.
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes
on following pages for
additional restrictions
ZONING DISTRICTS
LAND USES
AL
I
C
RR
RR
-1
RS
RS
-1
RS
-2
RU
CC
CG
IL
IH
ED
R
TS
H
LC
CM
U
RESIDENTIAL
One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/
C21
Two-, Three-Family
Dwelling
N C18 P P P P P P P21 S1 C C C22 P P P S1/
C21
Four-Family Dwelling N C18 P C3,
29
P N N P P21 S1 C C C22 N P C S1/
C21
Five-, Six-Family
Dwelling
N C18 C3 N P N N P P21 S1 C C N N P C S1/
C21
Seven- or More Family
Dwelling
N C18 C3 N C3 N N P P21 S1 C C N N P C S1/
C21
Mobile Home Parks6 N N C N C C C C C C C C N C N N C
Planned Unit Residential
Development7
N C18 C C29 C C C C C C C C N C C C C
Townhouses4 N C18 C3 C3,
29
C3 C3 C3 C3 C C C C C22 C C C C
Accessory Building on
Parcel Without Main
Building or Use (See
KMC 14.20.200)
N N C C C C C C N N N N N N C N N
Page 118
Ordinance No. 3363-2023
Page 3 of 9
New Text Underlined; [DELETED TEXT BRACKETED]
COMMERCIAL
Airport Compatible Uses P N N N N N N N C C C C N N N C C
Adult Businesses N N N N N N N N P31 P31 P31 P31 N N N N N
Automotive Sales C N C N N N N C P P P P N N N N P
Automotive Service
Stations
C N C N N N N C P P P P N C N N P
Banks C N C N C N N C P P P C N C C C P
Business/Consumer
Services
C N C C C N N C P P P C N C C C P
Commercial Recreation N N C N C N N C P P C C N P C C P
Guide Service C N C N C N N C P P P P N P P C P
Hotels/Motels C N C N C N N C P P P C N C P C P
Lodge C N C N C N N C P P P C N P P C P
Marijuana Cultivation
Facility, Limited30
N N [C]
N
[C]
N
[C]
N
[C]
N
[C]
N
[C]
N
N C C C N N N C N
Marijuana Cultivation
Facility, Standard30
N N N N N N N N N C C C N N N C N
Marijuana Product
Manufacturing Facility30
N N N N N N N N N C C C N N N N N
Marijuana Testing
Facility30
N N N N N N N N C C P P N N N C C
Professional Offices C N C C C N N P P P P P N C P P P
Restaurants C N C N C N N C P P P C N C C C P
Retail Business C N26 C N C N N C P P P P S24 S24 C C P
Retail Marijuana Store30 N N N N N N N N N C C C N N N C C
Theaters N N C N C N N C P P C C N P C C P
Page 119
Ordinance No. 3363-2023
Page 4 of 9
New Text Underlined; [DELETED TEXT BRACKETED]
Wholesale Business C N C N C N N C C P P P N S24 C C N
INDUSTRIAL
Airports C P20 C N C N N C C C C C N C N N C
Necessary Aviation
Facilities
P P C C C C C C P P P P C P C P P
Automotive Repair P N C N C N N C P P P P N N N N P
Gas
Manufacturer/Storage
C9 N N N C N N N N N C9 C9 N N N N N
Manufacturing/Fabricatin
g/Assembly
P N C N C N N C C P P P N C C N C
Mini-Storage Facility C N C N C N N C C P P P N N N C C
Storage Yard C N C N C N N C C P P P N N N N C
Warehouses C N C N C N N C N P P P N C N N N
PUBLIC/
INSTITUTIONAL
Assisted Living N C C C C C C C C C C C C C C C C
Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P
Clinics N C C N C C C C P P P C C C C P P
Colleges* N C C C29 C C C C P P C C P C C C P
Elementary Schools* N C C C29 C C C C P P C C P C C C P
Governmental Buildings P C C C29 C C C C P P P C P C C P P
High Schools* N C C C29 C C C C P P C C P C C C P
Hospitals* N C C N C C C C P P P C C C C C P
Libraries* N C C C29 C C C C12 P P P C P C P C P
Museums C C C C29 C C C C P P P C P C P C P
Page 120
Ordinance No. 3363-2023
Page 5 of 9
New Text Underlined; [DELETED TEXT BRACKETED]
Parks and Recreation N P C C29 C C C C P P P P P P P C P
MISCELLANEOUS
Animal
Boarding/Commercial
Kennel13
C C C N C C N N C C C C N C N C C
Assemblies15 (Large:
Circuses, Fairs, etc.)
P C C N C C C C P15 P15 P15 P15 P15 C P N P15
Bed and Breakfasts N C C C C C C C C C C C N P C C P
Cabin Rentals N C C N C N N N P P P C N P P C P
Cemeteries P C C N C N N N N C C C N C C N N
Communications Towers
and Antenna(s),
Radio/TV
Transmitters/Cell Sites**
28
C P C N C C C C P P P P P C C C C
Crematories/Funeral
Homes
N N C N C N N C C C C C N C C C C
Day Care Centers12 N C C C29 C C C C P P P C C C C P P
Dormitories/Boarding
Houses
N C C N C C C P P21 S C P P23 C C C P
Essential Services P P P P P P P P P P P P P P P P P
Farming/General
Agriculture***
N P P N N N N N N N N P N P N N N
Fraternal Organizations/
Private Clubs/Social
Halls and Union Halls
N N C N C C C C P P P C N C P C P
Greenhouses/Tree
Nurseries13
N C C N C C C C P P P C N C C C P
Gunsmithing, Taxidermy N N C C C C C C P P P P N C P P P
Nursing, Convalescent or
Rest Homes
N N C N C C C C P P C C C C C C P
Page 121
Ordinance No. 3363-2023
Page 6 of 9
New Text Underlined; [DELETED TEXT BRACKETED]
Parking, Public Lots12 C C C N C C C C C C C C C C C C C
Personal Services25 N C C N C C C C P P P P C C P P/
C27
P
Recreational Vehicle
Parks
N C C N C N N C C C C C N C C N C
Subsurface Extraction of
Natural Resources16
C C C C C C C C C C C C N C N N N
Surface Extraction of
Natural Resources17
C C C N C N N C N C C C N C N N N
* See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
** See 42 Telecommunications Act of 1996, Sec. 704(a)
*** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector
streets and major highways. Commercial or industrial which falls under the landscaping/site plans
requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site
plans.
2 One (1) single-family residence per parcel, which is part of the main building.
3 Allowed as a conditional use, subject to satisfying the following conditions:
a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS
Zone;
b The site square footage in area must be approved by the Commission;
c Yards around the site, off-street parking, and other development requirements shall be the same
as for principal uses in the RR Zone;
d Water and sewer facilities shall meet the requirements of all applicable health regulations;
e The proposed dwelling group will constitute a residential area of sustained desirability and
stability, will be in harmony with the character of the surrounding neighborhood, and will not
adversely affect surrounding property values;
f The buildings shall be used only for residential purposes and customary accessory uses, such as
garages, storage spaces, and recreational and community activities;
g There shall be provided, as part of the proposed development, adequate recreation areas to serve
the needs of the anticipated population;
h The development shall not produce a volume of traffic in excess of the capacity for which the
access streets are designed;
Page 122
Ordinance No. 3363-2023
Page 7 of 9
New Text Underlined; [DELETED TEXT BRACKETED]
i The property adjacent to the proposed dwelling group will not be adversely affected.
4 See “Townhouses” section.
5 See “Mobile Homes” section.
6 Allowed as a conditional use, subject to “Mobile Homes” section; and provided, that any mobile home
park meets the minimum Federal Housing Authority requirements.
7 See “Planned Unit Residential Development” section.
8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site
will not destroy the residential character of the neighborhood.
9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met.
10 Provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street
or property line.
11 Allowed as a conditional use; provided, that no part of any building is located nearer than thirty
(30) feet to any adjoining street or property line; and provided further, that the proposed location and
characteristics of the use will not adversely affect the commercial development of the zone.
12 Allowed as a conditional use; provided, that the following conditions are met:
a The proposed location of the use and the size and characteristics of the site will maximize its
benefit to the public;
b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on
public streets.
13 Allowed as a conditional use; provided, that setbacks, buffer strips, and other provisions are
adequate to assure that the use will not be a nuisance to surrounding properties. The Commission
shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial
kennels require a kennel license (see KMC Chapter 3.15).
14 Allowed as a conditional use; provided, that no indication of said use is evident from the exterior of
the mortuary.
15 Allowed; provided, that the following conditions are met:
a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any
adjoining property in a residential zone.
b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards
on the public streets.
16 See “Conditional Uses” section.
17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section.
18 Conditional use allowed only on privately held property. Not allowed on government lands.
19 Reserved.
20 The airport-related uses allowed under this entry are aircraft approach and departure zones
pursuant to KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence
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Ordinance No. 3363-2023
Page 8 of 9
New Text Underlined; [DELETED TEXT BRACKETED]
or having access to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are
allowed.
21 Developments for use shall be the same as those listed in the Development Requirements Table
for the RU/TSH Zones.
22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone. For
example, housing for teachers or students for a school in the zone.
23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone. For
example, a dormitory used to house students for a school or educational facility.
24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop
or coffee shop within another business).
25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service
laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists.
26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per
year.
27 Personal services not set forth in the below matrix are conditional uses.
Limited Commercial Zone
Personal Services Permitted (P) Conditional
Use (C)
Art Studios X
Barbers X
Beauticians X
Dressmakers X
Dry Cleaners X
Fitness Centers X
Massage Therapist X
Photographic Studios X
Self-Service Laundries X
Tailors X
Tanning Salons X
Tattoo Parlors X
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Ordinance No. 3363-2023
Page 9 of 9
New Text Underlined; [DELETED TEXT BRACKETED]
28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable
conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions
set forth in KMC 14.20.150 and 14.20.255 are met.
29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such
parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access
from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five
(275) feet as measured from the constructed centerline of the Kenai Spur Highway to the center of
the driveway access as shown on an as-built drawing/survey of the parcel.
30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—Definitions,
14.20.330—Standards for commercial marijuana establishments.
31 See KMC 14.20.175—Adult businesses; no adult business may be located within one thousand
(1,000) feet of another adult business, or sensitive use. “Sensitive use” means a church or other
place of worship, a public or private school (licensed pre-K through twelfth grade) or businesses
where or areas where youth are likely to be present (limited to public parks, youth recreational
centers, public playgrounds, public libraries).
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 30 days
after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF JULY, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Introduced: June 21, 2023
Enacted: July 5, 2023
Effective: August 4, 2023
Page 125
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Council Members Alex Douthit and James Baisden
DATE: June 13, 2023
SUBJECT: Ordinance No. 3363-2023 Amending KMC Sections 14.20.330 and
14.22.010-Standards for Commercial Marijuana Establishments and
Land Use Table
The Ordinance addresses proposed changes to KMC Sections 14.20.330 and 14.22.010 that
establishes a minimum standard for public notification for commercial marijuana establishments
and prohibit limited marijuana cultivation facilities in residential zoning districts. Under the current
ordinance, property owner notification for a proposed commercial marijuana establishments is
mailed to all property owners within five hundred (500) foot periphery of the parcel affected by the
proposed action. In addition, a limited marijuana cultivation facility is permitted with a Conditional
Use Permit in the Rural Residential (RR), Rural Residential 1 (RR-1), Suburban Residential (RS),
Suburban Residential 1 (RS-1), Suburban Residential 2 (RS-2), Urban Residential (RU), General
Commercial (CG), Light Industrial (IL), Heavy Industrial (IH), and Limited Commercial (LC) zoning
districts. Residents have expressed concerns with the proximity of commercial marijuana
cultivation facilities near residential neighborhoods and not receiving notices of proposed
commercial marijuana cultivation facilities nearby their residence.
The prohibition of limited marijuana cultivation facilities in residential zoning districts will preserve
and protect the intent of the residential zoning districts and ensure consistency with the Kenai
Municipal Code Section 14.20.230 - Home Occupations, which prohibits commercial marijuana
establishments as a home occupation. The establishment of a minimum of 30 different property
owners to be notified of proposed commercial marijuana cultivation facility will increase the
noticing area and address noticing concerns.
Your consideration is appreciated.
Page 126
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KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
A. CALL TO ORDER
MAY 24, 2023-7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR JEFF TWAIT, PRESIDING
MINUTES
A Regular Meeting of the Kenai Planning & Zoning Commission was held on May 24, 2023, in City Hall
Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m.
1. Pledge of Allegiance
Chair Twait led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Jeff Twait, Chair
Gary Greenberg
Gwen Woodard
Joe Halstead, Vice Chair
Jim Glendening
Diane Fikes
A quorum was present.
Absent:
John Coston
Also in attendance were:
Linda Mitchell, Planning Director
Meghan Thibodeau, Deputy City Clerk
Alex Douthit, Council Member
3. Agenda Approval
MOTION:
Vice Chair Halstead MOVED to approve the agenda as presented. Commissioner Woodard SECONDED
the motion.
VOTE: There being no objection; SO ORDERED.
4. Consent Agenda
MOTION:
Vice Chair Halstead MOVED to approve the consent agenda. Commissioner Woodard SECONDED the
motion.
The items on the Consent Agenda were read into the record.
Chair Twait opened the floor for public comment; there being no one wishing to be heard, the public
comment period was closed.
There being no objection; SO ORDERED.
Planning & Zoning Commission Meeting
May 24, 2023
Page 1 of 5
Page 127
* All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission
and will be approved by one motion. There will be no separate discussion of these items unless a
Commission Member so requests, in which case the item will be removed from the Consent Agenda and
considered in its normal sequence on the agenda as part of the General Orders.
B. APPROVAL OF MINUTES
1. *Regular Meeting of April 26, 2023
Approved by the consent agenda.
C. SCHEDULED PUBLIC COMMENTS
1. Dale Meck, FEMA Flood Map Updates
Dale Meck provided a presentation explaining recent updates to FEMA Flood Maps.
D. UNSCHEDULED PUBLIC COMMENTS -None.
E. CONSIDERATION OF PLATS -None.
F. PUBLIC HEARINGS
1. Resolution PZ2023-07 -Granting a Conditional Use Permit (CUP) to Allow for a
Recreational Vehicle (RV) Park Expansion, Event Venue, and Public Market on Properties
Located at approximately 810 Childs Avenue (Parcel IDs: 04901401, 04901402, and
04901403) in the Heavy Industrial (IH) Zoning District.
MOTION:
Vice Chair Halstead MOVED to approve Resolution PZ2023-07. Commissioner Glendening SECONDED
the motion.
Planning Director Mitchell presented her staff report with information provided in the packet explaining
that the applicants intend to expand on an existing RV park, and add an event venue and public market
area. It was noted that the previous conditional use permit (CUP) also included boat storage and cabin
rentals, but those uses have ceased and would not be part of the new permit. The criteria for CUPs were
reviewed; it was noted the application met the criteria and City staff recommends approval subject to the
original conditions in the CUP (Resolution No. PZ0S-34) and the following conditions:
1. Any development or use of the property shall comply with all applicable Federal, State of Alaska,
and City regulations regardless of whether or not the requirements are listed as conditions for the
approval of the Conditional Use Permit.
2. Upon request, the applicant or applicant's representative shall meet with City staff for an on-site
inspection.
3. A traffic mitigation plan will be implemented in coordination with applicable City departments when
traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the
uses on the premises.
4. Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants
are protected from noise and privacy from the surrounding commercial or industrial uses.
5. Prior to the established operation of an event venue and public market, consult with the Public
Works Department on any potential or required improvements to Childs Avenue and any
additional demand on existing onsite water system and sewer collection system.
6. RV space occupants or visitors of the RV Park, event venue, and public market are prohibited
from using the City Dock bathrooms unless they are actively using the City Dock, such as boat
Planning & Zoning Commission Meeting
May 24, 2023
Page 2 of 5
Page 128
launching. It is the responsibility of the property owner and operator of the RV Park, event venue,
and public market to ensure all occupants and visitors are aware of this restriction.
7. The RV park is not to become a nuisance to surrounding properties. The RV park must control
dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly
appearance free from refuse.
Applicant Matthew Moffis noted he was available for questions.
Chair Twait opened for public hearing.
Director Mitchell noted that Will Jahrig had called in to express support and discuss concerns regarding
improvements to Child's Avenue.
Becky Jahrig expressed concern about speed limit along Bridge Access, pointing out that the speed limit
may be excessive with increased use in the area.
Robert Peterkin agreed with the previous comments regarding the speed limit, and suggested installing
a traffic light at Beaver Loop. He also expressed concerns about potential complications of restricting
guests from using City bathrooms.
There being no one wishing to be heard, the public hearing was closed.
Discussion involved why the bathroom near the boat launch is restricted from public use and how this
will be enforced; it was clarified that bathroom requirements for the RV park will be determined as part of
the landscape site plan. In response to questions from the commission, Mr. Moffis clarified that the boat
launch is currently not functional and will be blocked off from use, and that the RV park will be seasonal
while the other buildings such as event space will be operated year-round. Director Mitchell discussed
how future development in the waterfront area can be streamlined with rezoning.
VOTE:
YEA: Halstead, Glendening, Greenberg, Woodard, Fikes, Twait
NAY: None
ABSENT: Coston
MOTION PASSED UNANIMOUSLY.
Chair Twait noted the 15-day appeal period.
2. Resolution PZ2023-08 -Granting a Conditional Use Permit (CUP) to Allow for a
Recreational Vehicle (RV) Park on Properties Located at 1088 and 1120 Bridge Access
Road (Parcel IDs: 04901312 and 04901313) in the Heavy Industrial (IH) Zoning District.
MOTION:
Vice Chair Halstead MOVED to approve Resolution PZ2023-08. Commissioner Woodard SECONDED
the motion.
Planning Director Mitchell presented her staff report with information provided in the packet explaining
that the applicant proposes to operate a new RV park with 50 spaces, although the number of spaces is
subject to change based on a landscape site plan review. It was noted that a coffee shop is also proposed
on the east side of the property, but is not included in the current CUP application because it is an allowed
use in the zone. The criteria for CUPs were reviewed; it was noted the application met the criteria and
City staff recommends approval subject to the following conditions:
1. Any development or use of the property shall comply with all applicable Federal, State of Alaska,
and City regulations regardless of whether or not the requirements are listed as conditions for the
approval of the Conditional Use Permit.
2. Upon request, the applicant or applicant's representative shall meet with City staff for an on-site
inspection.
3. Prior to operation of the RV park, the two (2) subject parcels must be consolidated or merged.
Planning & Zoning Commission Meeting
May 24, 2023
Page 3 of 5
Page 129
4. A traffic mitigation plan will be implemented in coordination with applicable City departments when
traffic circulation/flow becomes an issue with adjacent properties and neighborhood due to the
use.
5. Provide a minimum 10-foot buffer strip from the interior lot lines to ensure RV space occupants
are protected from noise and privacy from the surrounding commercial or industrial uses.
6. Prior to the operation of the RV park, consult with the Public Works Department on any potential
or required improvements to Childs Avenue and any requirements for onsite water system and
sewer collection system.
7. The RV park is not to become a nuisance to surrounding properties. The RV park must control
dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly
appearance free from refuse.
Robert Peterkin, a representative for applicant Duke Hardcastle, noted that the coffee shop is owned by
Elizabeth Peterkin. He explained that an RV dump station will be provided.
Chair Twait opened for public hearing.
Elizabeth Peterkin, owner of 1882 Brew, explained that she started her coffee shop as a seasonal
business at the Kasilof dock and will be moving it to 1120 Bridge Access Road to operate year-round.
She expressed excitement for the new RV park.
There being no one wishing to be heard, the public hearing was closed.
Approval was expressed; further discussion included the Department of Transportation's knowledge of
upcoming development in the area that will affect vehicle and pedestrian traffic patterns, the need to
review and plan for trails and traffic flow as part of the waterfront study, maintenance of Child's Avenue,
and the suggestion of installing a traffic light at Beaver Loop.
VOTE:
YEA: Woodard, Fikes, Twait, Halstead, Glendening, Greenberg
NAY: None
ABSENT: Coston
MOTION PASSED UNANIMOUSLY.
Chair Twait noted the 15-day appeal period.
G. UNFINISHED BUSINESS -None.
H. NEW BUSINESS -None.
I. PENDING ITEMS -None.
J. REPORTS
1. City Council -Council Member Douthit reported on the actions of the May 17, 2023 City
Council meeting.
2. Kenai Peninsula Borough Planning -Commissioner Fikes reported on the actions of the
May 8, 2023 Kenai Peninsula Borough Planning Commission Meeting.
3. City Administration -Planning Director Mitchell reported on the following:
• Reviewed remote participation code.
• Seeing a lot of interest in opening businesses, with an increase in applications for
development permits.
• Storefront & Streetscape Improvement Program will be finalized in the next week.
• Acquiring new permitting software sooner than expected.
Planning & Zoning Commission Meeting
May 24, 2023
Page 4 of 5
Page 130
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• Hazard Mitigation Plan will be amended to include spruce beetle kill and National
Floodplain Insurance Program.
• A previously approved CUP for lodging is having difficulty meeting a condition added by
the commission but is proactively addressing it and working with the City.
• Proposed code amendments regarding junk/abandoned vehicles and illegal dumping
may come before the commission.
• Discussion with the commission on holding a work session on code amendments for
accessory structures.
K. ADDITIONAL PUBLIC COMMENT -None.
L. INFORMATIONAL ITEMS-None.
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. Next Meeting: June 14, 2023
N. COMMISSION COMMENTS AND QUESTIONS
Commissioner Glendening noted the good work on upcoming waterfront development.
Commissioner Woodard recognized the passing of Harbor Commissioner Christine Hutchison for her
service to the City of Kenai and the State of Alaska.
Vice Chair Halstead commended Director Mitchell and staff for their hard work.
Commissioner Greenberg noted that he was sorry to hear about Christine Hutchison's passing.
0. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:37 p.m.
I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of May
24, 2023.
~
Meghan Thibodeau
Deputy City Clerk
Planning & Zoning Commission Meeting
May 24, 2023
Page 5 of 5
Page 131
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubanks, City Manager
THROUGH: Dave Ross, Police Chief
FROM: Jessica “JJ” Hendrickson, Animal Control Chief
DATE: June 12, 2023
SUBJECT: May 2023 Monthly Report
This month the Kenai Animal Shelter took in 41 animals. Animal intake and disposition:
DOGS:
INTAKE 24 DISPOSITION 21
Waiver 9 Adopted 7
Stray 11 Euthanized 2
Impound 0 Claimed 13
Protective Custody 0 Field Release 0
Quarantine 2 Transferred 0
Other Intakes 2 Other Dispositions 0
CATS:
INTAKE 17 DISPOSITION 18
Waiver 9 Adopted 14
Stray 7 Euthanized 1
Impound 0 Claimed 3
Protective Custody 1 Field Release 0
Quarantine 0 Transferred 0
Other Intakes 0 Other Dispositions 0
Page 132
Page 2 of 2
6 Animal dropped with After Hours (days we are closed but cleaning and with KPD)
22 Field Investigations & patrols
14.14 Volunteer Hours Logged
3 Citations
0 Educational Outreach
1 Microchip
Total Animal Contacts:
72 Animals are known borough animals (includes rabies clinic animals)
35 Animals are known City of Kenai (includes rabies clinic animals)
9 Animals are known City of Soldotna (includes rabies clinic animals)
0 Animals are unknown location
Statistical Data:
257 2021 YTD Intakes
164 2022 YTD Intakes
231 2023 YTD Intakes
OTHER ANIMALS:
INTAKE 0 DISPOSITION 0
Horse 0 Horse 0
Rabbit 0 Rabbit 0
Other 0 Guinea Pig 0
DOA: 7 OTHER STATISTICS:
Dog 3 Licenses (City of Kenai Dog Licenses) 22
Cat 4 Rabies Clinic 81
Rabbit 0
Page 133
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Eland Conway, Airport Manager
DATE: June 14, 2023
SUBJECT: Kenai Municipal Airport (ENA) Mid-Month Report
Enplanements
Enplanement growth has tapered off as we near the end of the second quarter. With Ravn
Alaska’s reduced flight schedule, Grant Aviation and Kenai Aviation have seen substantial
increases in load factors and passenger numbers.
Parking Revenue
After being down YOY in April, parking revenue has seen a significant rebound—up 14% YOY
for the month of May.
Page 134
Airport Mid-Month Report
Page 2 of 2
Kenai Peninsula Air Fair, Poker Run, and Car Show
The 20th annual Kenai Peninsula Air Fair returned after a three year hiatus. Despite cloudy skies,
and the occasional rain shower, community members turned out in droves to walk the tarmac,
enjoy live music, view aircraft, peruse vendor booths, and ogle show cars. More than 300 hotdogs
and hamburgers were served up, and conservative estimates suggest more than 500 patrons
were in attendance.
Page 135
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Lana Metcalf, Controller
DATE: June 12, 2023
SUBJECT: Finance Department – June 2023 Mid-month Report
With the passage of the FY24 Budget at the June 7th Council Meeting, the department has been
making changes and compiling the document for printing. The document is expected to be
available for distribution next week. The Department’s focus will now be switching to closing FY23
and completion of the City’s Annual Comprehensive Financial Report. This process includes
closing of the FY23 financial records, fiscal year end grant reporting and finally financial statement
preparation.
The 2023 Personal Use Fishery is quickly approaching and we will be working to assist Parks and
Recreation staff to train seasonal employees to work in the dipnet shacks. We have been working
closely with our software programmer to update the shack attendant software and to update the
dipnet app.
Page 136
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Tony Prior, Fire Chief
DATE: June 13, 2023
SUBJECT: Fire Department Mid-Month Report – May
Calls for service for May decreased compared to May of 2022, however, we are still up 1.4%
overall for year to date. Here are the calls for service break down.
May 2022 2023 % change
Totals 127 112 -11.8%
EMS 95 85 -10.5%
All Other 32 20 -37.5%
Year total 591 599 1.4%
Training:
• Mike Oden attended AST SERT training in Fairbanks, training on tactical operation.
• Garrick Martin fully completed his AEMT course from KPC and has filed with the State
and National Registry for Certification.
• Pete Coots attended a radio programming class by Pro-Comm to receive updates to
programming on newer radios.
• All Shifts completed their annual Live Fire Drills for ARFF at Alaska Regional Training
Center.
Projects/Grants:
• Chief Prior continued work with the Personnel Working Group focused on Recruitment
and Retention of COK employees.
• CWPP: Doug Koch Tree Service has stopped cutting for the Beetle movement period
and will begin again in September. The slash disposal site is open again and taking
beetle kill and brush.
• Agreement for the Healthy and Equitable Communities Grant is currently routing for all
signatures and once they are completed, project work for the Recreation Center flooring
will go out to bid.
• Opened/reviewed bids for Ambulance Billing and awarded contract to Systems Design
West for Billing Services.
Page 137
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Stephanie Randall, Human Resources Director
DATE: June 12, 2023
SUBJECT: Human Resources Activity – May 2023
Recruitment
Human Resources worked with the City Manager’s office to select and hire Tyler Best as the
City’s new Parks and Recreation Director. The recruitment for a Police Officer was successful
and Sarah Herrin will be joining the City Police Department in June. The two Airport Operations
Specialist positions were conditionally offered to two candidates with a projected start date of
June 26, 2023. Seven applications were received for the Finance Director position and
interviews for the top candidates will take place in June. The Assistant Parks and Recreation
Director position has nine applicants and Human Resources is working with the new Parks and
Recreation Director to interview the top candidates for this position. Recruitment continues for
two Public Safety Dispatcher positions and several Temporary Personal Use Fishery Attendant
positions.
Safety
Three accidents were reported in May. One accident resulted in an employee injury and one
resulted in property damage. A total of two Workers’ Compensation claims were filed in May.
Employee Recognition and Awards
The following employees received certificates of appreciation in recognition of their years of
employment with the City: 5 years: Jesse Tauriainen, Ryan Coleman, Cindy Herr, Kaitlyn Morse,
Bradley Barrett, Scott Curtin, Collin Morse, Allen Young; 10 years: Scott Bloom, Allan Judd; 15
years: Jim Lackey, Patty Segura, Levi Russell; 20 years: Missy Bailey; and 25 years: Trevor
Miller and Tony Prior.
Special Projects
Human Resources continues to work with the Administration and the working group of City
employees to determine items to be addressed by the FY24 Classification and Compensation
Study and provide input on the Request for Proposals (RFP) for the FY24 Classification and
Compensation Study.
Page 138
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Katja Wolfe, Library Director
DATE: June 12, 2023
SUBJECT: Library Report for May 2023
MAY 2023 AT A GLANCE
Items Borrowed May-22 May-23 2023 YTD
Physical 5,611 6,822 33,255
Digital 1,576 1,683 8,219
Services
New Memberships 47 44 271
Room Reservations 120 150 723
Programs
Number of Programs 26 43 207
Program Attendance 363 496 2,461
Technology Sessions
Computer sessions 436 580 2,687
WiFi Sessions 7,606 11,696 53,120
Early Literacy Station Sessions 239 346 1,460
Page 139
Page 2 of 2
• Our study and conference rooms were used by 150 individuals/groups for a total of 293 hours
• Youth Services Coordinator Seth Gray presented information about our Summer Reading Program to
over 400 students at 3 local schools.
• Happening now: Summer Reading is in full swing! Registration began May 18th. K-8 get a Summer
Reading folder with time logs and more. Teens get our new Punch Card challenge. Adults can join in
with our Read, Make, Explore challenge.
HIGHLIGHTS
Kids
• 14 Story Times – 179 participants
• 4 Lego® Clubs – 45 participants
• 2 American Girl Doll Clubs – 13 participants
• 1 Tech Lab – 7 participants
Teens
• Teen Advisory Board – 7 participants
• Mario Kart Contest – 22 participants
Adults
• DIY Summer Totes -- 10 participants
• Mindfulness DIY kit – 30 kits distributed
• Tech Time – 5 participants
• Crafternoon – 8 participants
All ages
• Brick by Brick Lego Show – 125 participants
• 5 Chess Clubs – 39 participants
May 2023 PROGRAMMING
MAY 2023 SERVICES HIGHLIGHTS
Page 140
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Tyler Best, Parks and Recreation Director
DATE: 6/13/23
SUBJECT: Mid-month Activity Report - May
The grant-funded Green Strip Playground is installed and looks great at the Greenstrip/ Steve
Shearer Memorial Ball Fields.
The department posted the Assistant Parks and Recreation Director Job, and it closed on June
9th. Interviews are scheduled and expected to be done by the end of June.
We opened the Slash Site in May and received 38.78 acres of treated area for the month.
Our first group of seasonal hires started on May 15th and have started mowing the fields, parks,
and Right of Ways in the City.
Repairs are underway on the roof at the Rec Center, and the building remains open but has had
to temporarily shut down certain sections as needed to complete the project safely.
Kenai Rec. Center Visits
Weight Room/Cardio Room 1136
Racquetball 44
Walleyball 8
Shower/Sauna 285
Gymnasium 1216
Other 24
Gym Rental Visits 1340
Total Number of Visits 3847
Kenai Kite Festival is on June 24th; please see the flyer below.
Page 141
Page 2 of 2
Page 142
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: June 14, 2023
SUBJECT: Planning and Zoning – May 2023 Monthly Report
General Information
• Kenai Peninsula Borough is holding an open house on flood map changes on Thursday, June
22nd between 5:30 and 7:30 p.m. at the Donald E. Gilman River Center, 514 Funny River
Road, Soldotna, AK 99669.
Application Summary
Planning and Zoning received 30 applications in May, carried over 17 applications, and completed
26 applications.
Staff conducted three (3) pre-application meetings with collaboration with the Fire Marshal,
Building Official, and/or Public Works Director.
Applications No.
Received
Carried
Over
Completed In Progress
Planning
Building Permit 21 7 22 6
Sign Permit 1 0 1 0
Conditional Use Permit 2 1 1 2
Amendment 0 1 1 0
Time Extension 1 0 0 1
Landscaping/Site Plan 1 2 1 2
Home Occupation Permit 0 0 0 0
Plat 1 0 0 1
Easement/Right-of-Way 0 0 0 0
Variance 0 0 0 0
Page 143
Page 2 of 3
Zoning Map/Text Amendment 0 0 0 0
City-Initiated 0 2 0 2
Lands & Leases
Purchase 0 2 0 2
New Lease 0 0 0 0
Renewal/Extension 1 0 0 1
Amendment 0 1 0 1
Assignment 0 0 0 0
Special Use Permit 2 1 0 3
Total 30 17 26 21
Code Enforcement and Compliance
Planning and Zoning received two (2) new complaints in May. An additional complaint was
received but it was related to an active code case (345 Dolchok Lane). There is a cumulative total
of 18 open cases.
Violations No. of
Open Cases
Carried
Over New Closed
By Types
Abandoned Structure(s) 0 0 0 0
Abandoned Vehicle(s) 2 1 1 0
Building (e.g., as-built, damaged or decayed) 2 2 0 0
Conditional Use Permit 0 0 0 0
Junk and/or Refuse 6 5 1 0
Junk Vehicle(s) 4 4 0 0
Livestock 0 0 0 0
Signs 1 1 0 0
Recreational Vehicle(s) 1 1 0 0
Zoning (e.g., structures, setbacks, use) 2 2 0 0
Total 18 16 2 0
List of Open Cases
Property Address Date of Complaint Type of Violation
110 Aleene Way 5/4/2022 Junk Vehicle; Junk and/or Refuse
5264 Kenai Spur Hwy 5/12/2022 Junk and/or Refuse
508 Hemlock Avenue 5/13/2022 Junk and/or Refuse
9168 Kenai Spur Hwy 5/16/2022 Junk Vehicle; Junk and/or Refuse
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311 Linwood Lane 6/17/2022 Junk and/or Refuse
8195 Kenai Spur Hwy 8/18/2022 Junk and/or Refuse
1715 Fourth Avenue 8/25/2022 Junk Vehicle; Junk and/or Refuse
1009 Second Avenue 8/12/2022 Zoning
305 Sterling Court 10/20/2022 Building (On-Hold)
700 Cypress Drive 10/24/2022 Junk Vehicle(s)
345 Dolchok Lane 10/28/2022 Building (On-Hold); Zoning
312 Aspen Street 10/26/2022 Abandoned Vehicle(s)
11888 Kenai Spur Hwy 11/17/2022 Zoning
12656 Kenai Spur Hwy 12/1/2022 Sign (On-Hold)
4315 Lupine Drive 2/8/2023 Junk and/or Refuse
4555 Johnisee Court 4/26/2023 Recreational Vehicle
307 James St 5/22/2023 Junk in the Right-of-Way
Kenai North Beach 5/25/2023 Abandoned Vehicle
Planning and Zoning Commission
One public meeting was held in the month of May.
• A joint work session was held with Beautification Committee on “City of Kenai Storefront and
Streetscape Improvement Program”.
• Planning and Zoning Commission took action as follows:
o Granted a Conditional Use Permit (CUP) to Allow for a Recreational Vehicle (RV) Park
Expansion, Event Venue, and Public Market on Properties Located at approximately
810 Childs Avenue (Parcel IDs: 04901401, 04901402, and 04901403) in the Heavy
Industrial (IH) Zoning District.
o Granted a Conditional Use Permit (CUP) to Allow for a Recreational Vehicle (RV) Park
on Properties Located at 1088 and 1120 Bridge Access Road (Parcel IDs: 04901312
and 04901313) in the Heavy Industrial (IH) Zoning District.
Page 145
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: David Ross, Police Chief
DATE: June 9, 2023
SUBJECT: Police & Communications Department Activity – May 2023
Police handled 595 calls for service in May. Dispatch received 280 9-1-1 calls. Officers made
25 arrests. Traffic enforcement resulted in 248 traffic contacts and 42 traffic citations. There were
8 DUI arrests. There were 18 reported motor vehicle collisions in May. There was one collision
involving a moose and there were no collisions involving drugs or alcohol.
One KPD officer attended a two-week long firearms instructor school in Sitka. One KPD
administrator attended a two day workshop in Soldotna, on identifying resources for responding
to adults with substance use disorders and mental health conditions.
The School resource officer participated in job shadow at Kenai High School. He also
participated in bike rodeos at Mountain View Elementary and Kaleidoscope.
The Department is working to fill one vacant police officer position and two vacant dispatcher
positions. One Temporary Enforcement Officer (TEO) started working at KPD for the summer
and the other four TEO hires have starting dates in June.
2715
1080
2802
1254
2542
1218
0
1000
2000
3000
Total Police Service Calls 911 Calls Received
2021(Jan 1 - May 31)2022(Jan 1 - May 31)2023(Jan 1 - May 31)
Page 146
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: April 2023
SUBJECT: Mid-Month Report; Public Works / Capital Projects
Airport Fund Projects:
• Kenai Municipal Airport Sand Storage Facility – Orion Construction is currently under contract
in the amount of $2,289,000. The project is now underway, Contractor has mobilized to site
as of May 1st. Site has been survey staked in anticipation of excavation and foundation work
starting later this month. Project will run through the summer months with an expected project
completion late September. Ordinance 3362-2023 included in the June 21, 2023 council
packet is appropriating additional funding for continuation of CA Services. Concrete
foundation was poured on June 14th, and work is progressing well.
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• Kenai Municipal Airport Runway Rehabilitation Project – This project known as Task 4 within
HDL Engineering Consultants LLC term service agreement with the City shall provided an
initial assessment of the current condition of the airport runway. This included geotech work,
coring numerous locations of the runway. On August 4th, , 2021 HDL Engineering and staff
successully completed geotech borings of the runway after hours. On October 13th , 2021
HDL Engineering, City staff and the FAA discussed the findings of the geotech report. On
December 6, 2021 the City received the draft Engineer’s Design Report (EDR) along with the
draft Geotechnical Report. Ordinance 3278-2022 was approved on April 20th , 2022 to secure
HDLs services through Bid Phase with a contract amendment of $781,833 executed on May
6, 2022, bringing the total cost of design to $1,031,833. Project has been stalled at 35%
Design as Environmental Compliance requirements are being clarified. Project is currently
tracking for Runway Rehab Construction in 2025 with the Taxiways 2026 the following year,
however this may slide a year, dependent upon FAA funding. Update: Staff meeting was
held in Anchorage with FAA Counterparts to discuss project on 3/8/23. March 27, 2023 staff
meeting with DEC to discuss path forward for design services. Project is now moving forward
again with Environmental Services toward a 65% design effort. Council approved a purchase
order increase to HDL Engineering at the June 7th, 2023 to allow the environmental work to
move forward.
• Kenai Municipal Airport (KMA) Terminal Landscaping – A Request for Proposals for
Landscape Design Services was released on July 14, 2022 with proposals due on July 28,
2022 where Earthscape LLC was determined to have provided the highest scoring proposal
at a cost of $28,255. The Purchase Order to Earthscape LLC was approved by Council at the
9/7/22 council meeting. Design work continues with final design concepts working through
the airport commission and airport administration. Contract is billed out to 35% as of June 5,
2023.
• Kenai Municipal Airport (KMA) Operations Building HVAC Controls Upgrade & Boiler
Replacement – This project was released for RFP on July 19, 2022 with proposals due on
August 16, 2022. MBA Consulting Engineers was the successful proposer awarded under
Resolution 2022-63 approved by Council at the September 7, 2022 Council Meeting. Contract
Documents were fully executed with MBA on October 31, 2022 for the contracted amount of
$47,726. November 10, 2022 will be the first site meeting with staff and engineering team.
Design work is anticipated to continue through the winter months. 95% design documents
were received on January 30, 2023. Project cost estimate is over budgeted amounts and staff
is coordinating with design team to refine documents. Construction Bid release is pending,
resolving final issues wih Meridian Controls.
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General Fund Projects:
• USACE Bluff Erosion –Council approved Resolution 2021-35 at the June 2, 2021 meeting
awarding an agreement to HDR along with issuance of a purchase order in the amount of
$791,832.68. July 6, 2021 the formal agreement between the City of Kenai and HDR was
executed. On January 2, 2022 the City received 35% Design Documents from HDR, staff
was able to review those documents with HDR uploading them to the Corps website on
January 25th. On March 3rd federal funding in the amount of $650,000 was received by the
USACE to be used toward the design effort of the project. On March 10th the City submitted
a letter for Request for Work in Kind, to cover the expenses the City has incurred through
HDR Engineers Inc. in the amount of $248,676.73, which covers progress from July through
November 2021. 65% Design Docs were received ahead of schedule on April 28th. Value
Engineering Workshop was conducted with USACE on June 21-24, 2022 at JBER. This
completed the requirement of completion of a VE Study for the project. Final 65% documents
with the items addressed at the VE Study workshop were received 8/25/22. Advanced
Technical Review (ATR) with the Corp began 9/15/22, with an ATR Workshop on October 3,
2022. The City Manager presented Resolution 2022-71 to Council at the October 5, 2022
meeting accepting a State Grant 23-DC-007 for $6,500,000 in support of the Sponsor share
of the project. This grant is a tremendous step toward fulfilling the City’s responsibility of the
current 35% percent match of the overall project. Staff formally submitted Work In Kind (WIK)
Requests #2 & #3 to the USACE on November 3, 2022 totaling another $316,447.30 toward
our City Share of project costs. Project has now entered the BCOES phase (Bid-ability,
Constructability, Operability, Environmental & Sustainability Reviews) with the US Army
Corps. with a targeted completion date of March 10th, 2023 for this task. HDR has reached
95% design documents, which were delivered to the City on February 23, 2023. Preparations
are in process for execution of a PPA (Project Partnership Agreement) with the US Army
Corps likely within the next 60 days. The current target dates for advertisement for
Construction Bids is June 12th, 2023 with Contract Award tracking at August 16th, 2023.
Project remains on track and is proceeding well. Update: March 28th, 2023 10:00am
conducted meeting reviewing BCOES comments with USACE and HDR, this step is nearing
completion. March 28th, 2023 12:30pm meeting with City Manager Eubank, Colonel Delarosa
and Randy Bowker with USACE discussing project funding, PPA, and design phase nearing
completion. Project Partnership Agreement (PPA) is slightly delayed due to impacts of the
WRDA bill which will have a positive impact for the City on revising the cost share from 65/35
to 90/10. Update: May 10th, HDR is nearing completion of their work, final back check of all
design comments is being addressed, with final quality assurance reviews beginning with
remaining USACE staff. Update: June 14, 2023, received the draft PPA on June 6th, 2023.
City Attorney and Administration is reviewing. June 8th-9th staff and HDR reviewed all
remaining open comments on 95% design docs with the USACE team. The final remaining
items are being closed out in preparation of completed bid set deliverable to USACE. June
15th conference with Administration & USACE to answer questions on PPA. City fund
certification documentation sent to USACE this month ahead of the July 6th deadline. Dates
are sliding however we still anticipate a construction bid release later this year.
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Public Works Mid-Month Report
• Community Wildfire Prevention Plan (CWPP) Mitigation – The City has received grant funds
to address beetle kill damages within the City. On November 3rd an Invitation to Bid was
released in coordination with the Fire Department and Forest Service to perform mitigation
services on approximately 105 acres of land through the No Name Creek Drainage from
Redoubt Avenue extending to Cook Inlet. Five Bids were received on 12/13/22 with Doug
Koch Professional Tree Service providing the winning bid at a cost of $282,000. Work is
anticipated to take place during allowable time frames over the next year. A Resolution to
Award this Contract is before Council at the 12/21/22 Council Meeting. Construction Contract
was fully executed on February 28th, 2023 and contractor is actively working on project. Much
of the North section is now cut with timber and slash still remaining to haul away, Section 4-
5 which is largely a hand felling area has started mitigation, as well as the South section near
Municipal Park which has had extensive work completed to date. Contractor has been
performing well, work will slow down through the summer months per the grant requirements
when beetles are known to spread and work will resume later this fall. Update: May 18, 2023
representatives from the USDA Forest Service as granting agency were in town and provided
a tour of the work actively taking place. Review of project documents, invoices, drone
footage, etc. was completed and received very well. Tree cutting work has now stopped as
beetles are active and will resume as temperatures allow as we enter the winter months. To
date the contactor has invoiced for $142,972.41, approximately 50% of the contracted work.
Project has proceeded quickly and remains on time and on budget.
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Public Works Mid-Month Report
• Recreation Center Improvements – Formal Invitation to Bid was released on February 23,
2023 with bids due on March 23, 2023. Orion Construction was the successful bidder with a
total bid of $1,425,700 as presented to Council through Resolution 2023-25 adopted at the
April 5th, 2023 Council meeting. Construction will continue into the fall of 2023. Update: June
14th, roof replacement is nearing completion with the majority of the facility now under a new
much needed roof system. Work is progressing well, on time and on budget. Interior work
to date includes installation of newly installed roof drains. Photos below are from June 13,
2023.
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• Kenai Fire Department Apparatus Bay Coating – Ordinance 3315-2022 is up for Council
approval on 9/21/22 to provide supplemental funding to allow the project to bid. Once
additional funds are approved project is prepped for bid release. Existing budget was $45,000
with approval of Ordinance 3315-2022 new budget will be $60,000. This work involves
cleaning and replacement of concrete floor markings with the installation of a new concrete
sealer to protect and extend the life of the garage bay floors. Project was released for
Construction Bids on May 2nd with bids due on May 18th. Council approved Resolution 2023-
43 which awarded a construction agreement to Pro Grind Alaska Rental LLC in the amount
of $49,250. Work will take place this summer.
• Visitor Center Roof Replacement – Supplemental funding for this project was provided by
Council through passage of Ordinance 3329-2022 approved on December 21, 2022. A formal
Invitation to Bid was released on January 19, 2023 with three bids received on February 6,
2023. E/P Roofing was the low bidder at a total cost of $139,800, however they withdrew
their bid with Hanson Roofing becoming the 2nd lowest responsive responsible bidder. Council
approved Resolution 2023-20 on 3/1/23 awarding a contract to Hanson’s in the amount of
$227,472. This project has now been completed on time and on budget, without any change
order requests. Water damaged areas found were minor in nature and Hanson’s Roofing
competed all necessary repairs without additional costs. Facility looks great, big thank you to
Hanson’s Roofing for their help on the project.
• Kenai Dog Park – Council has provided $63,000 in funding toward this project. On October
10th, 2022 Polar North Construction began work on the concrete pavilion pad with a concrete
pour schedule for 10/13/22 weather pending. Fireweed Fence has also started reinstallation
of the fence work the same week. The high water table within the park area continues to
cause flooding issues within the park area. Public Works staff has roughed in some drainage
trenches which have helped, we plan on expanding on that work and then placing some
drainage rock so the repairs will be permanent. Project will continue into May/June 2023 as
weather allows. Public Works staff has collected numerous items from the dog park
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Public Works Mid-Month Report
committee including park benches, signage, agility equipment, etc. and have items stored in
our warm storage area to be installed next spring. Dog Park committee staff needs to
coordinate with volunteers intended to construct the pavilion in order to secure the necessary
construction materials. Public Works does not have sufficient budget in hand to purchase
these items for them. City Manager Eubank and Public Works Director Curtin have been
coordinating on remaining items to be completed with available remaining funds. We are
expecting the pavilion to be constructed as soon as weather allows by Jeff Twait with materials
sourced with donated funds. The Streets Department crews will strip and stock pile topsoil
within the field area in an effort to raise the existing grade with fill material. We intend to utilize
some of the roadway sand gathered from spring street sweeping operations to provide positive
drainage at the site. Additional gravel French drains will be installed to manage storm water
at the site, and then the topsoil will be spread over the field area. We anticipate this work to
take one week to complete. Once the grading is complete, and the pavilion is constructed,
Fireweed fencing will return to finish the perimeter fence and gates. Parks and Rec will then
install the signage. Field will be seeded and watered, traffic will need to be limited during this
time to allow the grass to grow. After first mowing of grass, field agility equipment will be
placed. Project is tracking toward a July grand opening. Roofing was completed on Monday
June 12th with labor and materials donated by Hanson’s Roofing. Cornerstone Construction
donated the labor to construct the pavilion. Hydro-seed was placed June 14th, fencing is
scheduled to start June 15-16th.
• Roadway Improvements – Nelson Engineering was the successful proposer to provide bid
ready construction documents for improvements to Wildwood Dr, Willow Ave, First St. as well
as multiple smaller misc. repairs. Wildwood Drive & Willow Ave are anticipated to have 95%
design docs received by February 20, 2023 for final review. Wildwood Dr will require grant
assistance to complete the project. The sub-base was far worse than anticipated and the
estimated costs increased substantially as a result. Willow Ave will bid once final documents
are received, formal ITB release anticipated in March 2023. First Ave and the minor repairs
are in the works, however they may be delayed until May 2023 for bid release. On 3/7/23
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Public Works Mid-Month Report
City Manager Eubank, Mayor Gabriel, Public Works Director Curtin participated in a
conference with representatives from our legislature discussing State participation in funding
for Wildwood Dr. Update: Wildwood Dr. was discussed at the May 3rd Council meeting and
will be held until sufficient funding sources are in place. Update: The N. Willow St Roadway
Improvements, First Avenue Roadway Repairs, and Misc. Repairs projects were all released
for construction bids on May 18th 2023 with Bids due on June 1st, 2023. All three projects
received bids in excess of budgeted amounts an there is legislation pending at the June 21st,
2023 Council meeting to provide supplemental funding to award these projects. They are
still intended, with Council’s approval, to be completed this construction season.
• Green Strip Playground Equipment – This project utilizing a U.S. Department of Health and
Human Services (DHSS) grant seeks to replace aging playground equipment near the
softball fields. Proposal Quotes Request (PQR) was released on February 1, 2023 with
proposals due on February 21, 2023. Project cost estimate is $85,000. Playcraft Systems
was awarded the project by Council through passage of Resolution 2023-21 at the 3/1/23
Council Meeting. Contract was fully executed on March 20th and equipment is on order with
an anticipated ship date of April 14th with arrival in Kenai approximately May 1st. Installation
is expected to take two weeks to complete. Update: this project was successfully completed
by Playcraft Systems and the park is now open for the community to enjoy. Big thank you to
Playcraft and their installer RJ for their help on this project. Staff is now coordinating the
closeout with the granting agency.
• Multi-purpose Facility – The Building Maintenance Department completed all of the pressure
washing and rust prevention coatings in house. That portion of the project was completed on
time and on budget and allowed for ice to go back in on schedule. Staff continues to work on
ventilation solutions as well as some UV Heat lamps to replace the natural gas heaters
suspended from the ceiling near the seating areas. Once a scope of work is finalized by the
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Public Works Mid-Month Report
department these additional items will be released for bids. Currently roughly $71,000 of the
$155,000 in funding has been expended.
• Cemetery Expansion – This project is located at the corner of First Ave and Float Plane Rd
and will provide for additional burial space as the existing adjacent cemetery has reached
capacity. The Public Works Department using in house personnel has already cleared,
leveled and graded the site, and placed and compacted a gravel sub-base for the parking
area. Staff has successfully surveyed in 64 adult plot sites and 12 infant plot sites. These
sites are available through the Clerk’s office. The Parks & Recreation Commission is currently
considering alternatives to fencing the cemetery in an effort to utilize those funds toward
completing other items. Work will be suspended through the winter with the parking lot paving
taking place early summer 2023. Nelson Engineering is updating the grading plan, asphalt
paving work for the parking lot and installation of a fence is anticipated this summer.
• Softball Shelter Dugouts – Larsen Engineering has been awarded the design work for the
dugouts. Design requirements are being discussed with the engineer, however this project
is moving slowly as staff and engineer are heavily involved in other projects. Project will
move forward shortly as staff time becomes available.
Water & Sewer Fund Projects:
• Lift Station Renovations – Resolution 2021-58 awarded HDL Engineering agreement in the
amount of $59,560 to provide bid ready construction documents for three lift stations. These
locations included the stations at mile posts 13 and 14, which are near the soccer fields and
Spur / Redoubt Ave respectively, as well as a station on Lawton Drive. These locations are
intended to receive new pumps and pump control panels as part of this project. After
determination of which lift stations would receive renovations to start, a design meeting was
held on 12/3/21 to discuss pump and control panel design. Basis of design memo received
on January 6, 2022. Design documents are approaching 95%. Design is finally approaching
completion. Challenges with our current SCADA team required some changes to different lift
station controllers which has now been resolved. Waiting on a final estimate, to determine
amount of additional funding that may be required in order to release this project for
construction. Council will likely see an Ordinance in August as this project moves forward.
• Waste Water Treatment Plant Replacement Sludge Press – Resolution 2020-95 approved at
the December 16, 2020 Council meeting authorized HDL Engineering to begin the Design
Phase of the WWTP Replacement Sludge Press. Contract Documents were executed on
January 6, 2021 with a Notice to Proceed issued on January 11, 2021. A Request for
Proposals from press manufactures was released on April 27, 2021 with proposals due on
May 25th, 2021. Resolution 2021-42 to award an equipment purchase agreement to Andritz
Corp in the amount of $285,000 was approved by Council at the June 16, 2021 meeting. A
formal Invitation to Bid for Construction was released on June 7th, 2022. Bids were originally
due on June 28th but the deadline was extended to July 22nd due to a lack of bidders interested
in the project. On July 22nd two bids were received, with Blazy Construction being the lowest
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Public Works Mid-Month Report
responsive responsible bidder at a cost of $1,437,913. Ordinance 3302-2022 awarded the
Construction Agreement to Blazy Construction on 8/17/22. The Screw press was delivered
on 10/27/31. The screw press is installed in its permanent location, jib crane has been
installed and certified. All of the ductwork associated with the new exhaust air system is now
installed. We are currently waiting on the delivery of the fiberglass platforms which is still a
few weeks out and the new screw conveyor has been delayed and may not be on site until
May unfortunately. Update June 14th the last piece of equipment, the sludge conveyor,
shipped today from Seattle and is heading our way. We are now anticipating commissioning
for July 10th-14th.
• Wastewater Plant Digester Blowers Replacements – HDL Engineering was authorized to
proceed on design documents for this project through passage of Resolution 2022-29 on May
18, 2022. Design Agreement is currently in the amount of $382,513 and will provide bid ready
construction documents for the replacement of two 40+ year old blowers at the WWTP. The
Department received 35% Design Study Report on September 23, 2022 and the project is
currently moving toward 65% design documents. A grant for this project has been applied for
through Senator Murkowski’s office through the Congressional Directed Spending (CDS)
program. We are awaiting word on if we were successful in receiving grant funds. This is a
high priority project for the department and is anticipated to provide further energy savings
similar to the aeration basin blower replacement project completed a few years ago. Final
65% plan reviews are being conducted on site with HDL on 12/19/22, bid documents are
expected to be ready 5/1/23 and if funding is in place will be bid immediately, if not will be
delayed until funding arrives. Environmental review process is delayed as we are not sure of
the grant requirements at this time, and may not know until a future grant is executed. Until
then this will be a shovel ready project waiting on funding. May 5th a Community Grants
Webinar was held to discuss the pending grant requirements, the Public Works Director and
HDL Engineering participated in the webinar. Consultants are reviewing requirements and
hope to have the design moving forward shortly. Project will not be able to be bid until funding
formally arrives.
Senior Citizens Fund Projects:
• Senior Center Front Entry Modifications – Capital Project Manager is developing scope of
work for this project to address operation of automatic entry doors.
Congregate Housing Fund Projects:
• Vintage Pointe Boiler Replacement – A RFP for design services was released on October 6,
2022 with proposals due on November 3, 2022. Design work will continue into the winter
with a construction bid release expected at the end of the first quarter 2023. This project will
replace outdated boiler heat systems for the facility as well as providing a direction on
backup power generation to support the heating system when grid power is unavailable. No
proposals were received, the Department is requesting approval to enter negotiations with
RSA Engineering in the hopes of moving the project forward. RSA Engineering is under
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contract and is expected to start design in early January 2023. On February 3, 2023 RSA
Engineering provided draft 65% Design Documents. Staff is currently reviewing.
Engineering has a planned site visit for February 15, 2023 scheduled. We are anticipating
bid documents being ready for an April Construction Bid release. 100% Design Documents
are were received from the RSA Engineering on April 14th. Council approved Resolution
2023-30 on May 3rd to reallocate funds for the project. Invitation to Bid is pending.
Other Projects Information:
• DOT Kenai Spur Highway to Sports Lake Rd – This project continues to wait for appropriation
of state funds. No new information to report at this time.
• DOT Bridge Access Road Bike Path – Council passed Resolution 2021-53 on August 4, 2021
authorizing the City Manager execute a memorandum of agreement with DOT for design,
construction, and maintenance of the Kenai Bridge Access Road Pathway project. In speaking
with representatives from DOT the state has not provided funding as yet for this project to
move forward. To date the City has appropriated $294,947 in support of this project which is
intended to provide a 1.2 mile path connecting the paths between the Spur Highway and
Beaver Loop. Total cost of project per DOT estimates equals $3,266,301. Per
communications with the DOT, design funding is in place and they are waiting on final
signatures for the Reimbursable Services Agreement (RSA) with DNR. Once the RSA is
approved they will be able to begin design work. Process is expected to be completed by the
end of January. Update: Formal kickoff meeting took place on March 30th with the City
Manager and Public Works Director in attendance. From appearances this design process will
be a slow one, we are not anticipating seeing construction on the path this calendar year. Will
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continue to update as more information becomes available. Update: A site meeting will be
taking place between the City, DNR, & DOT on 6/9/22 to review the project. HDL Engineering
appears to conducting surveying services in support of the project, crews were in the area on
6/7/22. On June 29, 2022 the City Manager & Public Works Director met with DOT
representatives and discussed projects. State funding continues to be an issue.
• DOT Boat Launch Road Fish Passage Culvert – Council approved a construction easement
to allow DOT access to replace the roadway culvert at the intersection of Boat Launch Rd and
Bridge Access at the April 5th Council meeting. Work is anticipated to start later this year in
coordination with the River Center to minimize impacts to fish entering the watershed.
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
THROUGH: Kathy Romain, Senior Center Director
FROM: Astrea Piersee, Administrative Assistant III
DATE: June 6, 2023
SUBJECT: May 2023 Monthly Report
May was jam-packed with activities at the Kenai Senior Center. A Mother’s Day Luncheon, “Grow
with Me”, choir practice, and Waffle Friday were all well-attended. New weekly classes such as
basic calligraphy and genealogy workshops have also been a hit. The Center’s “High Tea” had
40 participants in all, with hats, gloves, and a variety of tea fare enjoyed by all. For Senior Health
and Fitness Day (May 31st) the center was able to host its first health fair since the Covid-19
closure. A walk to the Visitor’s Center and heart-healthy lunch were provided to seniors and
vendors alike as 13 vendors provided information on age-related topics and services available.
2023 2022
Home Delivered Meals 1849 2015
Individuals 90 94
Dining Room (Congregate) Meals 1176 834
Individuals 280 113
Transportation (1-way rides) 165 193
Individuals 18 16
Grocery Shopping Assistance 14/48 3
Writers Group 46 23
Caregiver Support Group 13 3
Growing Stronger Exercise 350 236
Tai Chi Class 44 32
TOPS Weight Loss Class 67 40
Bluegrass & Music Sessions 74 52
Card Games 109 113
Wii Bowling 40 31
Arts & Crafts 43 29
Total Event Sign-ins * 2540 1562
Individuals * 245 171
Vintage Pointe Manor Vacancies 0 2
*(not including home meals clients)
Page 159
JUNE 21, 2023
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED ADDITIONS TO THE PACKET
ACTION ITEM REQUESTED BY PAGE
Add to Item E.4
Resolution No. 2023-44
• Amendment Memo
Knackstedt
2
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Henry Knackstedt, Council Member
DATE: June 21, 2023
SUBJECT: Resolution No. 2023-44 – Soar International Ministries Lease
Amendments
Because this is likely one of the most valuable undeveloped lots left on the airport due to its
location, it is important that it be developed or available for development. I request Resolution No.
2023-44 be amended to include a 6-month check-in with administration during the one-year
extension. If a steel structure is to be completed within a year of July 1, 2023, by January 1, 2024
a building should be on order or other more concrete plans secured by contract.
I move to amend Section 1 to read:
Section 1. That the City Council agrees to amend the lease with SOAR International Ministries,
Inc. for Tract A-1, General Aviation Apron Subdivision No. 7 to extend the date that improvements
are required to be completed to June 30, 2024 for good cause described above, contingent on
SOAR International Ministries, Inc. providing the City Manager a contract for construction or
manufacture of the improvements by January 1, 2024 demonstrating feasible construction of the
improvements required in the lease by June 30, 2024. If such evidence is not provided to the City
Manager, the City Manager may bring the matter back to Council for further action to include
potential cancellation of the lease. The Council further authorizes the City Manager to execute a
lease amendment with SOAR International Ministries, Inc. to effectuate the extension and
contingency.
(New language in underline)
Kenai City Council - Regular Meeting Page 1 of 4
June 21, 2023
Kenai City Council - Regular Meeting
June 21, 2023 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
**Telephonic/Virtual Information on Page 4**
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 WITHOUT OBJECTION. 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)
2. ENACTED WITHOUT OBJECTION. 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)
3. ENACTED WITHOUT OBJECTION. Ordinance No. 3359-2023 - Increasing Estimated
Revenues and Appropriations in the General Fund and Municipal Roadway Improvements
Capital Fund to Provide Supplemental Funding to the 2023 North Willow Street Roadway
Improvements, 2023 First Avenue Roadway Repairs, and 2023 Miscellaneous Roadway
Repairs Projects. (Administration) [KMC 1.15.070(d)]
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Enactment (Requires Five Affirmative Votes)
4. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-44 - Approving a Twelve-Month
Extension of Time for Good Cause for the Completion of Permanent Improvements for a Lease
Between the City of Kenai and Soar International Ministries, Inc., for Airport Reserve Lands
Described as Tract A-1 of General Aviation Apron Subdivision No. 7. (Administration)
Kenai City Council - Regular Meeting Page 2 of 4
June 21, 2023
5. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-45 - Authorizing Renewal of the
City’s Property, Liability, Workers’ Compensation, Airport and Other Ancillary Policies with the
Alaska Municipal League Joint Insurance Association for July 1, 2023 through June 30, 2024.
(Administration)
6. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-46 - Authorizing a Contract Award
to Supply Operational Chemicals for the City’s Water Treatment and Wastewater Treatment
Facilities. (Administration)
7. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-47 - Authorizing a Contract Award
for Street Light Repairs and Maintenance with Utility Locate Services. (Administration)
F. MINUTES
1. *Regular Meeting of June 7, 2023. (City Clerk)
G. UNFINISHED BUSINESS
1. ADOPTED WITHOUT OBJECTION AS AMENDED BY SUBSTITUTE. Resolution No. 2023-
40 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 N.
Willow Street Roadway Improvements Project. (Administration) [Postponed at the 06/07/23
meeting to the 06/21/23 meeting]
• Substitute Resolution No. 2023-40 - Authorizing a Construction Agreement and
Corresponding Purchase Order for the 2023 North Willow Street Roadway Improvements
Project. (Administration)
2. ADOPTED WITHOUT OBJECTION AS AMENDED BY SUBSTITUTE. Resolution No. 2023-
41 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023
First Avenue Roadway Repairs Project. (Administration) [Postponed at the 06/07/23 meeting to
the 06/21/23 meeting]
• Substitute Resolution No. 2023-41 - Authorizing a Construction Agreement and
Corresponding Purchase Order for the 2023 First Avenue Roadway Repairs Project.
(Administration)
3. ADOPTED WITHOUT OBJECTION AS AMENDED BY SUBSTITUTE. 2023-42 - Authorizing
a Construction Agreement and Corresponding Purchase Order for the 2023 Miscellaneous
Roadway Repairs Project. (Administration) [Postponed at the 06/07/23 meeting to the 06/21/23
meeting]
• Substitute Resolution No. 2023-42 - Authorizing a Construction Agreement and
Corresponding Purchase Order for the 2023 Miscellaneous Roadway Repairs Project.
(Administration)
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - FY2023 Purchase Orders and Purchase Order Amendments Requiring
Council Approval in Accordance with KMC 7.15.020. (Administration)
3. *Action/Approval - FY2024 Purchase Orders and Purchase Order Amendments Requiring
Council Approval in Accordance with KMC 7.15.020. (Administration)
4. *Action/Approval - Third Amendment to the Agreement for Janitorial Services with Reborn
Again Janitorial Services. (Administration)
Kenai City Council - Regular Meeting Page 3 of 4
June 21, 2023
5. *Action/Approval - Assignment and Assumption of Lease Agreement of Lot 1A FBO
Subdivision, South Addition and Lot 2A1 FBO Subdivision, South Addition No. 2 to Schilling
Rentals, LLC. (Administration)
6. *Action/Approval - Non-Objection to the Renewal of a Recreational Site Liquor License for
Peninsula Oilers Baseball Club Inc., DBA Peninsula Oilers – License No. 846 (City Clerk)
7. *Action/Approval - Non-Objection to the Renewal of a Beverage Dispensary Liquor License
for George Pitsilionis, DBA Pizza Paradisos – License No. 3032 (City Clerk)
8. *Action/Approval - Non-Objection to the Renewal of a Package Store Liquor License for Carr-
Gottstein Food Co., DBA Oaken Keg #1808 – License No. 3218 (City Clerk)
9. *Ordinance No. 3360-2023 - Accepting and Appropriating a Grant Received through Maddie’s
Fund to the Kenai Animal Shelter for the Care of Animals. (Administration)
10. *Ordinance No. 3361-2023 - Accepting and Appropriating Fiscal Year 2023 Funds from the
2022 Community Assistance Program, Passed through the State of Alaska, Department of
Commerce, Community, and Economic Development for National Floodplain Insurance
Program Training. (Administration)
11. *Ordinance No. 3362-2023 - Increasing Estimated Revenues and Appropriations in the Airport
Special Revenue and Airport Improvements Capital Project Funds to Provide Supplemental
Funding for the Kenai Municipal Airport’s Sand Storage Facility Project and Authorizing a
Contract Amendment for Professional Services. (Administration)
12. *Ordinance No. 3363-2023 - Amending Kenai Municipal Code Sections 14.20.330 - Standards
for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table, to Establish a
Minimum Standard for Public Notification for Commercial Marijuana Establishments and
Prohibit Limited Marijuana Cultivation Facilities in Residential Zoning Districts. (Douthit and
Baisden)
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
Kenai City Council - Regular Meeting Page 4 of 4
June 21, 2023
M. EXECUTIVE SESSION
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
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