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Home My WebLink About2024-01-11 Airport Commission PacketKENAI AIRPORT COMMISSION REGULAR MEETING JANUARY 11, 2024 – IMMEDIATELY FOLLOWING THE WORK SESSION KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 *Telephonic/Virtual Information on Page 2* http://www.kenai.city A.CALL TO ORDER 1.Pledge of Allegiance 2.Roll Call 3.Election of Chair and Vice Chair 4.Agenda Approval B.SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C.UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D.APPROVAL OF ACTION MINUTES 1.December 14, 2023 ...................................................................................... Pg. 3 E.UNFINISHED BUSINESS F.NEW BUSINESS 1.Discussion/Recommendation - Recommendations as Discussed During the Commission Review Work Session Held Immediately Prior. 2.Discussion - Schedule a Tour of the Alaska Regional Fire Training Center. 3.Discussion/Recommendation - First Amendment to Agreement with Tim’s Janitorial for Janitorial Services at the Alaska Regional Fire Training Center…Pg. 6 G.REPORTS 1.Airport Manager 2.Finance Director 3.Commission Chair 4.City Council Liaison .................................................................................... Pg. 26 H.ADDITIONAL PUBLIC COMMENT I.NEXT MEETING ATTENDANCE NOTIFICATION – February 8, 2024 J.COMMISSION QUESTIONS AND COMMENTS K. ADJOURNMENT L.INFORMATIONAL ITEMS 1. Admin Assistant Report: Vehicle Parking Revenue, Air Traffic Control Tower Counts, Air Carrier Enplanements………………………………………………Pg. 32 1 Join Zoom Meeting OR https://us02web.zoom.us/j/83396245330 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 833 9624 5330 Meeting ID: 833 9624 5330 Passcode: 127767 Passcode: 127767 2 KENAI AIRPORT COMMISSION – REGULAR MEETING DECEMBER 14, 2023 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR GLENDA FEEKEN, PRESIDING Airport Commission Meeting Page 1 of 3 December 14, 2023 ACTION MINUTES A.CALL TO ORDER A Regular Meeting of the Airport Commission was held on December 14, 2023, City Hall Council Chambers, Kenai, AK. Chair Feeken called the meeting to order at approximately 6:00 p.m. 1.Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. 2.Roll Call There were present: Glenda Feeken, Chair Paul Minelga, Vice Chair James Bielefeld Jacob Caldwell Joshua Daily Dan Pitts James Zirul A quorum was present. Also in attendance were: Derek Ables, Airport Manager Sarah Conley, Airport Administrative Assistant Henry Knackstedt, City Council Liaison 3.Agenda Approval MOTION: Commissioner Caldwell MOVED to approve the agenda. Vice Chair Minelga SECONDED the motion. VOTE: There being no objection; SO ORDERED. B.SCHEDULED PUBLIC COMMENTS - None. C.UNSCHEDULED PUBLIC COMMENTS - None. D.APPROVAL OF ACTION MINUTES 1.November 9, 2023 MOTION: Vice Chair MOVED to approve the November 9, 2023 Minutes with the following changes to the Airport Managers Report: •Change “Capital Improvement Plan” to “Airport Master Plan” •Re-phrase the fifth line to say “RAVN Airlines will no longer be leasing space in the terminal.” VOTE: There being no objection; SO ORDERED. 3 Airport Commission Meeting Page 2 of 3 December 14, 2023 E. UNFINISHED BUSINESS – None. F. NEW BUSINESS 1. Discussion/Recommendation - Special Use Permit for Beacon Occupational Health and Safety Services for Use of Office Space at the Alaska Regional Fire Training Facility MOTION: Commissioner Zirul MOVED to recommend City Council approval of Special Use Permit for Beacon Occupational Health and Safety Services for use of office space at the Alaska Regional Fire Training Facility. Commissioner Daily SECONDED the motion. Airport Manager Ables gave a staff report from information provided in the packet. Discussion ensued. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. G. REPORTS 1. Airport Manager – Airport Manager Ables reported on the following: • Conoco Phillips is looking at the potential to use Kenai as an alternate for landing. • Runway closure tonight for PFAS sampling. • Airport Certification Manual and Airport Emergency Plan have been updated. • Airport Master Plan has been added to the website. • Christmas tree decorating contest at terminal is ongoing. 2. City Council Liaison – Council Member Knackstedt provided an update on the bluff erosion project. H. ADDITIONAL PUBLIC COMMENTS – None. I. NEXT MEETING ATTENDANCE NOTIFICATION – January 11, 2024 J. COMMISSION QUESTIONS AND COMMENTS Commissioner Daily noted it is time to start planning the Air Fair. Vice Chair Minelga noted that he would like do a tour of the Alaska Regional Fire Training Center, requested clarification on the landscaping project, and noted that the vintage air force display needs attention. K. ADJOURNMENT L. INFORMATIONAL ITEMS 1. 6th Annual Christmas Tree Decorating Contest 2. Aircraft Enplanements by Carrier, Air Traffic Control Tower Counts, Terminal Vehicle Parking Revenue There being no further business before the Airport Commission, the meeting was adjourned at 6:27 p.m. 4 Airport Commission Meeting Page 3 of 3 December 14, 2023 I certify the above represents accurate minutes of the Airport Commission meeting of December 14, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk 5 www.KenaiAirport.com “Serving the Greater Kenai Peninsula” 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX 907-283-3737 Memo To: Airport Commission Thru: Derek Ables – Airport Manager From: Sarah Conley – Administrative Assistant Date: January 11, 2024 Subject: First Amendment to Agreement for Janitorial Services at the Alaska Regional Fire Training Center On September 1, 2023 Tim’s Janitorial entered into their second 6-month agreement for Janitorial Services at the Alaska Regional Fire Training Center. The contract had an option to extend on a month-to-month basis if both the City and the contractor mutually agreed in writing. Tim’s Janitorial is requesting to continue on a month-to-month basis. They have a current Certificate of Insurance and Kenai Peninsula Borough Tax Compliance Form on file. Does Commission recommend Council approve the First Amendment for Janitorial Services at the Alaska Regional Fire Training Center with Tim’s Janitorial? Attachments Municipal Airport 6 FIRST AMENDMENT TO AGREEMENT FOR JANITORIAL SERVICES AT THE ALASKA REGIONAL FIRE TRAINING CENTER The Agreement for Janitorial Services made the 13th day of October 2023, by and between the CITY OF KENAI, hereinafter called “Owner”, whose address is 210 Fidalgo Avenue, Kenai, AK 99611-7794, and Tim’s Janitorial Services, whose mailing address is 5839 Kenai Spur Hwy, 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 Alaska Regional Fire Training Center is extended on a month-to-month basis, beginning on March 1, 2023. 2). All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. DATED this ____ day of ____ 2024. CITY OF KENAI By: Terry Eubank, City Manager Tim’s Janitorial Services By: Grant Wisniewski, Owner 7 (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 ___, 2024, 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 ___, 2024, by Grant Wisniewski of Tim’s Janitorial Services, an Alaskan corporation. Notary Public for Alaska My Commission Expires: Approved as for form: Scott Bloom, City Attorney Approved by Finance: David Swarner, Finance Director 8 AGREEMENT FOR JANITORIAL SERVICES ALASKA REGIONAL FIRE TRAINING CENTER ~ THIS AGREEMENT is made this li day of C>e,t 2023, by and between the CITY OF KENAI (Owner or City), 210 Fidalgo Avenue, Kenai, AK 99611-7794, and Tim's Janitorial Services Inc. (Contractor), 5839 Kenai Spur Hwy, Kenai, AK 99611. WHEREAS, the Owner desires to contract for janitorial services for the Alaska Regional Fire Training Center and, WHEREAS, Owner and Contractor agree to the terms and conditions under which Contractor shall provide such services, and both Owner and Contractor desire to contract for the provision of such services by Contractor. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This is a 6-month agreement starting September 1, 2023 to February 29, 2024. 2 . Extension: This Agreement may be extended on a month-to-month basis by mutual consent of the Owner and Contractor. 3 Facility and Services. A. Contractor shall provide the services described in Specifications attached hereto as Exhibit A and incorporated herein by reference. B. Services are for common use space of the facility that is approximately 2,250 square feet. (These figures are for reference only and are not binding upon Owner.) In the event the Facility undergoes remodel or other partial or full closure during the contract Agreement for Janitorial Services-Fire Tx Center Page I of 13 9 period, square footage may be added or deleted from the contract on a permanent or temporary basis. The City reserves the right to add or delete portions of the building as required by City operations, in which case an equitable adjustment will be made with the contractor, based on cost per square foot, prior to commencement or deletion of work. 4. Payment. In exchange for performance of janitorial services provided hereunder, Owner shall pay Contractor for services rendered at the rate ofSl,183.45 per MONTH. If portions of the building are added or deleted by Owner under the provisions of the Specifications, the payment will be adjusted in accordance with the change in square footage. In addition to the monthly service fee, Owner shall pay Contractor a $200 standard call-out fee for service for 104 Lecture, 108 Classroom, and I 09 Classroom, scheduled a minimum of 24 hours in advance, outside the designated monthly cleaning requirements. Invoices for services performed by Contractor must be received by Owner no later than five working days following the end of the month during which Contractor performed the services. Invoices must be sent to: Airport Administrative Office, 305 N. Willow St Ste. 200, Kenai, AK 99611. Payment will be due from Owner to Contractor within thirty days after Contractor has submitted Contractor's invoice for services to Owner. 5. Administrator; Designated Representative. The Airport Manager will act as Contract Administrator (Administrator) to act on the City's behalf. Contractor will respond within 24 hours of any defective work pointed out by the Administrator. Contractor must supply Owner with the contact name and telephone number of Contractor's designated representative in writing on or before September 1, 2023. Contractor Agreement for Jatitorial Services-Fire Tx Center Pagc2ofl3 10 is responsible for the performance of the services required under this Agreement, and for the direct supervision of Contractor's personnel, through its designated representative. Such representative shall, in turn, be available at all reasonable times to report and confer with the Owner with respect to the services. Contractor must provide Owner with a telephone and/or an answering service number through which Owner can contact the designated representative 24 hours per day. Should the designated representative be away from the City of Kenai or be otherwise unable to respond to Owner, Contractor shall designate a new or temporary representative who shall be empowered to act for Contractor and provide Owner with this contact information. 6. Independent Contractor; No Agency. Contractor's relationship with Owner is that of an independent contractor with the authority to control and direct the performance of details of the services that are the subject of this Agreement. Nothing contained in this Agreement may be construed to create an agency, partnership, joint venture, or employee- employer relationship between Owner and Contractor. Contractor is not the agent of Owner and Contractor is not authorized to make any representation, contract, or commitment on behalf of Owner. 7. Contractor's Personnel Payment and Supervision. A. All personnel furnished by Contractor must be employees of Contractor. Contractor must pay all taxes, salaries, and expenses of each employee, including but not limited to payment of all federal social security taxes, federal and state unemployment taxes, and any payroll taxes relating to such employees. B. The manner in which the services contracted for hereunder are to be Agreement for Janitorial Services-Fin: Tx Center Page3 of 13 11 performed are determined by the Contractor. Contractor agrees that the services provided under this Agreement must only be performed by qualified, careful, and efficient employees in strict conformity with the best practices and highest applicable standards. C. It is the Contractor's duty to train its employees in order to provide the services required. 8. Insurance. A. Throughout the term of this Agreement Contractor shall, at its own expense, secure and keep in force insurance as stated below. i. Comprehensive general liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual coverage with a per occurrence limit of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit. ii. Worker's Compensation insurance with coverage for all employees engaged in work under this Agreement as required by AS 23.30.045. 111. Comprehensive automobile liability insurance covering all owned, hired, and non-owned vehicles with coverage limits not less than $250,000 combined single limit per occurrence. Where specific limits are stated, the limits are the minimum acceptable limits. If Contractor's insurance policy contains higher limits, Owner is entitled to coverage to the extent of the higher limits. B. All insurance required by this paragraph 8 shall meet the following requirements: 1. for comprehensive general liability and automobile liability insurance, name the City of Kenai as an additional insured; and, ii. for worker's compensation insurance, general liability and automobile liability insurance include a waiver of subrogation so that the insurer waives all rights of subrogation against the City of Kenai for payments made under the policy; and, Agreement for Janitorial Services-Fire Tx Center Page4ofl3 12 iii. provide Owner with at least 30 days' notice before any termination, cancellation, or material change in insurance coverage is effective; and, iv. be issued by a company/corporation currently rated "A-"or better by AM. Best. C. Contractor must submit to Owner proof of insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. The effective date of the insurance will be no later than the effective date of this Agreement. D. The indemnification and insurance coverage requirements stated in this paragraph 8 and in paragraph 9, below, do not relieve Contractor of any other obligation under this Agreement. E. Owner may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Agreement. Owner will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Contractor shall submit to Owner evidence of insurance coverage that meets the requirements of Owner. 9. Indemnity, Defend, and Hold Harmless Agreement. Contractor shall indemnify, defend, and hold harmless Owner and its agents, employees, and/or insurers from claim, loss, damage, liability or expense arising out of or related to any act or omission of Contractor or Contractor's employees, agents, or invitees arising out of Contractor's performance of services under this Agreement, except to the extent any negligence of Owner or its employees, agents, or invitees is a proximate cause of any injury or damage. If a third party asserts a claim against Contractor and Owner, Contractor and Owner shall seek in good Agreement for Janitorial Services-Fire Tx Center Page S ofl3 13 faith to achieve agreement to an apportionment of fault as between them without an independent of litigation. This provision shall survive expiration or termination of this Agreement. 10. Complaints; Charges. If the Administrator provides complaints regarding janitorial services to Contractor's designated representative, Contractor shall act on the complaint within twenty-four hours. If the deficiencies are not corrected in the Agreement for Services allotted time, Owner will arrange to have the work done and all charges will be deducted from Contractor's monthly payment. 11 . Termination. A. Termination for Cause. The obligation to provide further services under this Agreement may be terminated for cause by either party upon fifteen days' written notice in the event of substantial failure by the other party to perform in accordance with the term thereof through no fault of the terminating party. The nonperforming party shall be given a :fifteen-calendar day cure period to show progress (satisfactory to the terminating party) after the written notice of intent to terminate . In the event of any termination, Contractor will be paid for all services properly rendered up to the date of termination. Upon any termination, Contractor must promptly discontinue all services affected (unless a termination notice from Owner directs otherwise). In the event of termination for cause by Owner, Owner has the right of set-off from any payment due Contractor, of all expenses, costs, and damages, including professional and legal expenses necessary to provide the services. Agreement for Janitorial Services-Fire Tx Center Page 6 ofll 14 B. Termination Without Cause. Owner retains the exclusive right to cancel, stop, or re-schedule any or all services associated with this Agreement upon thirty (30) days' written notice to Contractor. Owner reserves the right to terminate this Agreement for reasons of convenience or if the services are no longer needed with the same termination conditions stated in subsection (A) immediately above except the fifteen (15) day cure period stated above. Contractor may terminate this Agreement at any time upon thirty (30) days' written notice to Owner. Termination of this Agreement by Contractor without cause shall cause Contractor to be liable to Owner for any increased costs of procuring replacement services as well as for any other damages provided by law. 12. Costs on Default. In the event that either party defaults in the performance of any of its obligations under this Agreement and an action is brought for the enforcement thereof, the defaulting party must pay the other all the costs and expenses incurred therefore, including actual, reasonable attorney's fees. No right or remedy herein conferred upon or reserved to Owner is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. 13. Licensing. Contractor must obtain and maintain all necessary licenses and permits, pay all taxes lawfully imposed on its business, and pay any other fee or charge assessed under any applicable public statute, regulation, or ordinance. Said licensing includes, but is not limited to, obtaining state and borough business licenses and tax certificates, and, where applicable to Contractor, paying all taxes and filing all documents Agreement for Janitorial Services-Fire Tx Center Page 7 ofl3 15 necessary to maintain Contractor's status as a corporate entity in good standing in the State of Alaska. 14. Visitors. Contractor may not permit there to be children, friends, or other unauthorized persons at the Facility while the services are being performed by Contractor. 15. Assignment and Subcontract. Contractor may not assign or transfer this Agreement without the prior written approval of the Owner. Further, Contractor may not subcontract and/or transfer any part of the services or work to be performed without prior written approval of the Owner. Any such assignment or transfer or subcontracting of services without the consent of Owner constitutes default on the part of Contractor. 16. No Dis~rimination. Contractor shall ensure that Contractor and Contractor's agents and personnel, including any officer or employee, and anyone else acting by, on behalf of, or under the authority of Contract on the Airport and, on the Premises, does not discriminate on the grounds of race, creed, color, national origin, age, sex, handicap, marital status, change in marital status, pregnancy, or parenthood against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or state law. Contractor recognizes that the right of state to take any action necessary to enforce this provision, including actions required pursuant to any federal or state law. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23. The contractor agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any contract agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR part 23. Agreement for Janitorial Services-Fire Tx Center Page8 ofl3 16 A. Affirmative Action: Tue Contractor will undertake any affirmative action program required by 14 CFR, Part 152 (Airport Aid Program), subpart E (Nondiscrimination in Airport Aid Program), and the American Disabilities Act of 1990 to ensure that no person shall, on the grounds of race, creed, color, national origin, age, sex, handicap, marital status, change in marital status, pregnancy, or parenthood be excluded from participating in any employment, contracting, or leasing activities covered by 14 CFR Part 152, subpart E or the American Disabilities Act of 1990. Contractor assures that no person shall be excluded on these grounds, from participating in or receiving the services or benefits of any program or activity covered by said subpart or act. Contractor assures that I will require its covered organizations provide assurances to state that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations as required by 14 CFR Part 152, subpart E or the American Disabilities Act of 1990, to the same effect. Contract shall comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR Part 152, subpart E, the American Disabilities Act of 1990, a part of the afl1rmative action program, and by any federal, state, or local agency or court, including those resulting from a conciliation agreement, consent decree, court order, or similar mechanism. Contractor shall use state or local affirmative actions plans in lieu of any affirmative action plan or steps required by 14 CFR 152.409. Contractor shall obtain a similar assurance from its covered organizations, and to cause them to require a similar assurance of their covered suborganizations, as required by 14 CFR Part 152, subpart E. Copies of CFR Part 152, subpart E, and the American Disabilities Act of 1990 are available from the City. Agreement for Janitorial Services-Fire Tx Center Pagt:9 ofl3 17 B. Compliance with Regul ations: Concessionaire will comply with Title VI List of Pertinent Nondiscrimination Statues and Authorities, attached as Attachment A, as they may be amended from time to time, which are herein incozporated by reference and made a part of this contract 17. Assumption of Risk. Contractor must provide all proper safeguards and assume all risks incurred in performing its services hereunder. 18. No Waiver. If Owner does not insist in any one or more instances on the strict performance by Contractor of any provision or article under this Agreement, it is not a waiver or relinquishment for the future, but the provision or article will continue in full force. An Owner waiver of any provision or article in this Agreement cannot be enforced nor relied on unless the waiver is in writing and signed on behalf of Owner. 19. Integration and Modification. This Agreement contains the entire agreement of the parties. All negotiations, statements, representations, warranties, and assurances, whether oral or written, which are in any way related to the subject matter of this Agreement or the performance of either party hereto, are merged and integrated into the terms of this Agreement. This Agreement may not be modified or amended except by a writing signed by both parties hereto. 20. Applicable LawNenue. In any dispute between the parties, the laws of the State of Alaska will govern. If any such dispute results in a lawsuit, the parties may only bring the lawsuit before the courts of the State of Alaska in the Third Judicial District at Kenai. Agreement for Janitorial Services-Fire Tx Center Page 10 ofl3 18 21. Rules of Interpretation. Headings of paragraphs herein are solely for convenience of reference and shall not affect meaning, construction, or effect of this Agreement. Unless the context otherwise indicates, words expressed in the singular shall include the plural and vice versa. Unless the context otherwise indicates, the use of the neuter, masculine, or feminine gender shall include the others as well. 22. Notices. Any and all notices required or permitted under this Agreement, unless specified otherwise, shall be in writing and hand-delivered or mailed by certified mail, retmn receipt requested, to the following addresses: Owner: Kenai Municipal Airport 305 N. Willow St. Ste. 200 Kenai, AK 99611 Contractor: Tim's Janitorial Service Inc. 5839 Kenai Spur Hwy. Kenai, AK 99611 Either party may change its address for notice by giving notice as provided herein to the other party. Notice is effective upon hand delivery or deposit, postage prepaid, in the United States mail. 23. Authority. By signing this Agreement Contractor represents that it has read this Agreement and it agrees to be bound by the tenns and conditions herein and that the person signing this Agreement is duly authorized by the organization to bind the organization hereunder. 24. Effective Date. This Agreement is not effective until signed by the City Manager of City of Kenai and the Contractor. Agrcemtnt for Janltorial Services-Fire Tx Center Page 11 of 13 19 Kenai City Council - Regular Meeting Page 1 of 3 January 03, 2024 Kenai City Council - Regular Meeting January 03, 2024 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** 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. 3383-2023 - Amending the Official Zoning Map by Rezoning all Parcels within the Letzing 1985 Subdivision (Plat No. 85-55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) Zoning District. (Administration) 2.ENACTED WITHOUT OBJECTION. Ordinance No. 3384-2023 - Cancelling Previously Appropriated Projects, Authorizing a Transfer of Funds from the Wastewater Facility Capital Project Fund to the Water and Sewer Capital Project Fund and Appropriating Supplemental Funds for the Construction of a New Water Pump House at the City’s Water Treatment Facility. (Administration) 3.ADOPTED WITHOUT OBJECTION. Resolution No. 2024-01 - Approving the Use of the Fleet Replacement Fund for the Purchase of Two Ford Police Responders Utilizing the State of Alaska Equipment Fleet Contract. (Administration) 4.ADOPTED WITHOUT OBJECTION. Resolution No. 2024-02 - Amending the Authorized Staffing Table by Adding a Part Time Administrative Assistant II Position to the Planning and Zoning Department. (Administration) F.MINUTES 1.*Regular Meeting of December 20, 2023. (City Clerk) ~ K(;NAI 26 Kenai City Council - Regular Meeting Page 2 of 3 January 03, 2024 G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to the Renewal of a Marijuana Product Manufacturing Facility License and a Standard Marijuana Cultivation License for Red Run Cannabis Cultivators, LLC., DBA: Red Run Cannabis Cultivators, LLC. - License No.’s 19372 and 10052; and a Retail Marijuana Store License for Red Run Cannabis Company, LLC., DBA: Red Run Cannabis Company, LLC. – License No. 10056 (City Clerk) 3. *Action/Approval - Non-Objection to the Renewal of a Retail Marijuana Store License and a Standard Marijuana Cultivation License for Majestic Gardens LLC., DBA: Majestic Gardens LLC. - License No.’s 15393 and 15395. (City Clerk) 4. *Ordinance No. 3385-2024 - Accepting and Appropriating a Donation to the Kenai Community Library for the Purchase of Library Materials and Software for Room and Event Scheduling. (Administration) 5. *Ordinance No. 3386-2024 - Increasing Estimated Revenues and Appropriations in the General Fund and Municipal Roadway Improvements Capital Fund to Conduct an Assessment of City Street Lighting. (Administration) 6. *Ordinance No. 3387-2024 - Increasing Estimated Revenues and Appropriations in the General Fund and Public Works Department’s Street Division’s Professional Services Budget to Review and Update the City’s Roadway Improvements Standards. (Administration) 7. APPROVED WITHOUT OBJECTION. Action/Approval - Authorizing the City Manager to Enter into an Agreement with the Kenai Peninsula Borough to Accept Landfill Leachate at the Waste Water Treatment Plant. (Administration) 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 27 Kenai City Council - Regular Meeting Page 3 of 3 January 03, 2024 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 https://us02web.zoom.us/j/89458619905 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 894 5861 9905 Passcode: 382993 Meeting ID: 894 5861 9905 Passcode: 382993 28 Kenai City Council - Regular Meeting Page 1 of 3 December 20, 2023 Kenai City Council - Regular Meeting December 20, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** 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) 1. Services Provided by the LeeShore Center, Cheri Smith, Executive Director 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. 3381-2023 - Repealing Kenai Municipal Code Appendices - Public Record Inspection Regulations, Repealing Kenai Municipal Code Chapter 10.40 - Release of Public Records and Re-Enacting Kenai Municipal Code 10.40 - Access to Public Records. (Baisden) 2. ENACTED WITHOUT OBJECTION. Ordinance No. 3382-2023 - Amending Kenai Municipal Code Chapter 7.05 Taxation of Real and Personal Property to Provide an Exemption on the First $100,000 of Assessed Valuation Other Than Motor Vehicles and Watercraft Owned by Each Taxpayer and Making Housekeeping Changes. (Gabriel, Knackstedt, Baisden, Daniel, Askin, Sounart, Douthit) 3. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-66 - Adopting an Alternative Allocation Method for the FY24 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Fisheries Management Area 14: Cook Inlet Area. (Administration) 4. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-67 - Authorizing a Contract Award and Corresponding Purchase Order for the 2023 Community Wildfire Protection Plan Mitigation Phase Two Project. (Administration) ~ K(;NAI 29 Kenai City Council - Regular Meeting Page 2 of 3 December 20, 2023 5. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-68 - Declaring a Portion of Outside Way as Dedicated on Townsite of Kenai (US Survey 2970) is No Longer Needed for a Public Purpose and Consenting to Vacation of the Right-Of-Way. (Administration) 6. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-69 - Naming the Dedicated Right- Of-Way on the Preliminary Plat for Kenai Townsite Oiler’s 2024 Addition “Oiler’s Street.” (Administration) F. MINUTES 1. *Regular Meeting of November 15, 2023. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Special Use Permit to Beacon Occupational Health and Safety Services for Use of Office Space at the Alaska Regional fire Training Facility. (Administration) 4. *Action/Approval - Special Use Permit to Alaska Sure Seal for Snow Storage. (Administration) 5. *Action/Approval - Special Use Permit to Schillings Alaska, Inc. for Snow Storage. (Administration) 6. *Action/Approval - Confirmation of Mayoral Nominations for Partial Term Appointments to the Council on Aging and Beautification Committee. (Gabriel) 7. *Ordinance 3383-2023 - Amending the Official Zoning Map by Rezoning all Parcels within the Letzing 1985 Subdivision (Plat No. 85-55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) Zoning District. (Administration) 8. *Ordinance 3384-2023 - Cancelling Previously Appropriated Projects, Authorizing a Transfer of Funds from the Wastewater Facility Capital Project Fund to the Water and Sewer Capital Project Fund and Appropriating Supplemental Funds for the Construction of a New Water Pump House at the City’s Water Treatment Facility. (Administration) 9. APPROVED WITHOUT OBJECTION. Action/Approval - Authorizing Memorandum of Agreement with the Kenai Peninsula Borough for Tourism Promotion. (Administration) 10. WORK SESSION SCHEDULED FOR 4:30 P.M. ON 1/3/2024. Discussion - Schedule a Budget Goals Work Session. (Administration) 11. WORK SESSION SCHEDULED FOR 4:30 P.M. ON 1/17/2024. Discussion - Scheduling a CIP Work Session. (Administration) 12. WORK SESSION SCHEDULED FOR 6:00 P.M. ON 1/18/2024. Discussion - Scheduling a Joint Work Session with Kenaitze Indian Tribe. (Administration) 13. Discussion/Action - Virtual Meeting Participation. (City Clerk) 14. ADDED DURING LAYDOWN AND APPROVED BY THE CONSENT AGENDA. *Action/Approval - Letter Supporting KPEDD’s Application to EDA for a Three-Year Partnership Planning Program. 30 Kenai City Council - Regular Meeting Page 3 of 3 December 20, 2023 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 1. Proclamation in Recognition of Kenai Central High School Football Team as the Alaska Division III State Champions for the Year 2023. 2. Proclamation in Recognition of Kenai Central High School Girls Varsity Volleyball Team as the Alaska Division 3A State Girls Champions for the Year 2023. 3. Southcentral Mayors' Energy Coalition 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 1. CIRCAC Director's Report 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/82836698462 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 828 3669 8462 Passcode: 010611 Meeting ID: 828 3669 8462 Passcode: 010611 31 Tower Airport OperaƟons Counts November Enplanements Terminal Vehicle Parking Revenues -_/4.. -~ Nh.•n lclpa,I A irport 8000 7000 6000 5000 4000 3000 2000 1000 0 I FY 23 24 $3 5,000 $32,500 $30,000 $27,500 $2 5,000 $22,500 $20,000 $1 7,500 $1 5,000 $12,500 $10,000 $7,5 00 $5,000 $2,500 s- Jul $ 20 ,847 $ 18 ,156 Ju l Au g Aug Sept $19,7 19 $17,84 8 $31,564 $21,125 Sept Oct Nov Oct Nov Dec $19,707 $21 ,447 $ 20 ,594 $2 1,2 12 $20,861 $ 20 ,654 ■ FY21 ■ FY22 ■ FY23 FY2 4 NOVEMBER ENPLANEMENTS KENAI AVIATION "" Month January February March Ap ril May June Ju ly August Septembe r Octobe r November December Airlin e T otal RAVN ALASKA 2,799 2 ,711 2 ,982 2 ,529 2 ,547 2 ,371 4 ,241 4 ,936 3 ,429 2 ,159 33 30 ,737 GRANT AVIATION 2 ,326 1,199 2 ,236 2 ,087 2 ,432 2 ,740 3 ,067 3 ,592 2 ,474 2 ,865 3 ,508 28 ,526 Dec Ja n Feb Ma r Apr Jan Feb Mar Apr $18 ,144 $19,005 $20,124 $19,276 May Ju n May Jun $ 20 ,360 $16 ,6 12 $ $ ■ 23 ■24 Total 233 ,683 133,572 FY21 FY22 FY23 FY24 July 5547 5313 5654 6337 Au gust 4564 5747 5020 6007 Sep t ember 4153 5218 5215 5950 October 3907 3990 5312 5724 November 2972 3636 3517 3 404 December 3325 3018 2907 3699 January 3709 2882 4009 February 3196 3117 2965 March 3908 4069 4874 April 4762 4697 4957 May 5306 5472 6786 June 6872 6072 5660 Total 5222 1 5323 1 5 6876 3 112 1 10,000 8,000 6,000 4,000 2,000 KENAI Total 2023 Total 2022 Chang e from AVIATION 2022 305 5,430 4 ,646 784 229 4 ,139 4 ,695 -556 280 5,498 5 ,349 149 220 4 ,836 5 ,150 -314 608 5 ,587 5 ,621 -34 590 5 ,70 1 6 ,760 -1,059 836 8 ,144 8 ,896 -752 1,105 9 ,633 8 ,274 1,359 610 6 ,513 6 ,800 -287 797 5 ,821 5 ,941 -120 1,669 5 ,210 5 ,730 -520 5 ,603 7 ,249 66 ,512 73,465 -1 ,350 32 JANUARY 11, 2024 AIRPORT COMMISSION MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY Add Item F.4 Discussion/Recommendation – Recommending City Council Enactment of Ordinance No. 3390-2024 - Increasing Estimated Revenues and Appropriations in the Airport Fund to Purchase Air Service Development Professional Services at the Kenai Municipal Airport for Costs in Excess of Budgeted Amounts. Airport Manager www.KenaiAirport.com “Serving the Greater Kenai Peninsula” 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX 907-283-3737 Memo To: Airport Commission Thru: Derek Ables – Airport Manager Date: January 11, 2024 Subject: Ordinance No. 3390-2024 Appropriation of Funds for Professional Air Service Development Services at the Kenai Municipal Airport. This memo recommends support of appropriating funds for professional air service development services at the Kenai Municipal Airport. The approved FY2024 annual budget did not include funding for air service development services. However, with the departure of New Pacific Airlines d/b/a Ravn Alaska in November, the Airport Manager has worked with the Administration to explore opportunities for new air service, outside of the traditional routes offered between Kenai and Anchorage, for the Kenai Municipal Airport. Additional funds are necessary to procure specialized air service development services to include a Catchment Leakage Study (a study to estimate the travel market of the local area), develop presentation materials for airport service development meetings with prospective carriers, and to complete a Small Community Air Service Development Grant (SCASD) application for the Kenai Municipal Airport. Consulting services are estimated to cost $34,000, and enactment of this Ordinance will allow the Airport to proceed to develop opportunities to meet the current and future needs of passengers at the Kenai Municipal Airport. Does Commission recommend Council approve Ordinance No. 3390-2024? Attachments Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3390-2024 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT FUND TO PURCHASE AIR SERVICE DEVELOPMENT PROFESSIONAL SERVICES AT THE KENAI MUNICIPAL AIRPORT FOR COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, the FY2024 Annual Budget for the City of Kenai did not include funding for air service development professional services at the Kenai Municipal Airport; and, WHEREAS, on November 2, 2023 New Pacific Airlines d/b/a Ravn Alaska gave a 60-day notice of the termination of their Airline Operating Agreement ending on January 1, 2024, creating a space for a new airline to operate at the airport; and, WHEREAS, with the departure of Ravn, the Airport Manager and Administration are working together to explore opportunities for developing air service, outside the traditional routes between Kenai and Anchorage, for the Kenai Municipal Airport and the traveling public; and, WHEREAS, consulting services are needed for specialized air service development services, including performance of a Catchment Leakage Study (a study to estimate the travel market of the local area), preparation of presentation materials for and air service development meetings with prospective air carriers, and preparation of a Small Community Air Service Development (SCASD) grant application for the Kenai Municipal Airport; and, WHEREAS, additional appropriated funds in the amount of $34,000 are needed for the purchase of these air service development professional services; and, WHEREAS, expansion of air travel opportunities for residents and visitors to the area is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That estimated revenues and appropriations be increased as follows: Airport Fund: Increase Estimated Revenues – Appropriation of Fund Balance $34,000 Increase Expenditures – Administration - Professional Services $34,000 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. Ordinance No. 3390-2024 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 7TH DAY OF FEBRUARY, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: January 17, 2024 Enacted: February 7, 2024 Effective: February 7, 2024