HomeMy WebLinkAbout2024-02-21 Council PacketPage 1
KENAI
Kenai City Council - Regular Meeting
February 21, 2024 — 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
**Telephonic/Virtual Information on Page 3**
Agenda
A. CALL TO ORDER
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. John Williams, CIRCAC Reappointment
D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. PUBLIC HEARINGS
Ordinance No. 3391-2024 - Amending the Imagine Kenai 2030 Comprehensive Plan Land Use
Plan Map for Certain Parcels from Industrial to Mixed -Use. (Knackstedt)
Ordinance No. 3392-2024 - Amending the Kenai Zoning Code to Add a New Zoning District,
Working Waterfront (WW) and Amending the Official Zoning Map for Certain Parcels from
Heavy Industrial (IH) to Working Waterfront (WW) or Conservation (C) Zoning District.
(Knackstedt)
Ordinance No. 3393-2024 - Accepting and Appropriating Donations to the Kenai Animal Shelter
for the Care of Animals. (Administration)
Ordinance No. 3394-2024 - Increasing Estimated Revenues and Appropriations in the General
Fund to Provide Supplemental Funding to the Street Lights Repair and Maintenance
Operational Budget. (Administration)
Ordinance No. 3395-2024 - Increasing Estimated Revenues and Appropriations in the General
Fund for Radio Advertising and Approving Council Policy 20.030-Radio Advertising for Public
Meetings and Elections. (Douthit)
Ordinance No. 3396-2024 - Amending Kenai Municipal Code 4.31.015 - Local Amendments to
the 2009 International Fuel Gas Code for Housekeeping Purposes. (Administration)
Kenai City Council - Regular Meeting Page 1 of 3
February 21, 2024
Page 2
7. Ordinance No. 3397-2024 - Increasing Estimated Revenues and Appropriations in the Water
Sewer Capital Project Fund for the Cemetery Creek Culvert Replacement Project and Accepting
a Donation from the Kenai Foundation in Support of the Project. (Administration)
8. Ordinance No. 3398-2024 - Amending Kenai Municipal Code Title 6 - Elections, to Enhance
Consistency, Promote Efficiencies and Make Housekeeping Changes. (City Clerk)
9. Ordinance No. 3399-2024 - Awarding a Service Contract for Airport Security Guard Services
at The Kenai Municipal Airport and Increasing Estimated Revenues and Appropriations in the
Airport Fund for Costs in Excess of Budgeted Amounts. (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)
F. MINUTES
1. *Regular Meeting of February 7, 2024. (City Clerk)
G. UNFINISHED BUSINESS
1. Resolution No. 2024-05 - Amending the Employee Classification Plan by Reclassifying the
Public Works Building Official/Manager to a Building Official and Adjusting the Range for this
Class. (Administration) [At the 02107124 Council Meeting, this item was postponed to 02121124]
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Authorizing a Memorandum of Agreement with Greatland Consulting and
Training LLC. for Use of the Alaska Regional Fire Training Facility. (Administration)
3. *Action/Approval -Special Use Permit to Rebecca Boettcher, DBA: The Fishing Grounds, LLC
for Operation of a Snack/Gift Shop Inside the Kenai Municipal Airport. (Administration)
4. *Action/Approval - Confirmation of Mayoral Nomination of John Williams for Appointment as
City of Kenai Representative to the Cook Inlet Regional Citizens Advisory Council Board.
(Mayor Gabriel)
5. *Action/Approval - Non -Objection to the Renewal of a Limited Marijuana Cultivation Facility
License for Grateful Bud LLC, DBA Grateful Bud LLC - License No. 16474. (City Clerk)
6. *Ordinance No. 3400-2024 - Increasing Estimated Revenues and Appropriations in the Airport
Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the City's
Airport Fund. (Administration)
7. *Ordinance No. 3401-2024 - Increasing Estimated Revenues and Appropriations in the
General Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to
the City's General Fund. (Administration)
8. Action/Approval -Special Use Permit to Nilchil Solutions, LLC for an Off -Premise Sign on City -
Owned Property Described as Tract B, Gusty Subdivision Addition No. 2 Located at 11631
Kenai Spur Highway. (Administration)
9. Discussion/Action -Scheduling a Work Session for the Purpose of Discussing the Emergency
Services Facility Improvements as Presented in the CIP Plan. (Administration)
Kenai City Council - Regular Meeting Page 2 of 3
February 21, 2024
Page 3
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
The agenda and supporting documents are posted on the City's website at www.kenai.citV. 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.
Registration is required to join the meeting remotely through Zoom. Please use the link below to
register:
https://us02web.zoom.us/meeting/register/tZcpdeuugD4tH9wl8B9r7lU7fz6tyll FS9BI
Kenai City Council - Regular Meeting Page 3 of 3
February 21, 2024
Page 4
Sponsored by: Vice Mayor Knackstedt
KENAI
CITY OF KENAI
ORDINANCE NO. 3391-2024
AN ORDINANCE AMENDING THE IMAGINE KENAI 2030 COMPREHENSIVE PLAN LAND USE PLAN
MAP FOR CERTAIN PARCELS FROM INDUSTRIAL TO MIXED -USE.
WHEREAS, the City of Kenai as a Home Rule City has been delegated authority by Kenai Peninsula
Borough Ordinance 90-31 to make land use plan amendments to the City of Kenai Comprehensive Plan;
and,
WHEREAS, the Imagine Kenai 2030 Comprehensive Plan ("Comprehensive Plan") contains the goal to
support a vision for the City to implement a forward -looking approach to community growth and
development by establishment of several different zoning districts that reflect the needs of each district
and suited to current and probable future growth; and,
WHEREAS, the City contracted with McKinley Research Group, LLC (consultant) to provide a Waterfront
Redevelopment and Vision Assessment of properties between the Kenai River and Bridge Access Road
beginning at Millennium Square to the Boat Launch; and,
WHEREAS, the consultant coordinated public vision work sessions and held meetings that established
a preferred concept which provides for the greatest build -out and the most opportunities for economic
development in the area; and,
WHEREAS, the study team found that the community of Kenai supports new development in the project
area but not at the expense of impacting the existing uses, primarily seafood plant operations; and,
WHEREAS, the community shared a vision for the waterfront revitalization to be authentic, protective of
the river and natural environment, assessable year-round and to provide economic opportunities; and,
WHEREAS, the Comprehensive Plan acknowledges the decline for demand of large industrial sites and
the commercial fishing industry but indicates the need to maintain the viability of existing industry as a
land use and economic priority; and,
WHEREAS, the current land use designation for the waterfront area is Industrial (IN); and,
WHEREAS, in the Comprehensive Plan, Mixed Use (MU) is intended for a compatible mix of residential,
retail, service, office, public, institutional, and recreational uses; furthermore, uses are co -located in an
integrated way that supports sustainable forms of transportation such as public transport, walking and
biking, and increases neighborhood amenities while compatibility issues are addressed through careful
site layout and building design; and,
WHEREAS, it is the best interest of the City of Kenai to amend the Comprehensive Plan Land Use
Designation from IN to MU to support the rezoning of the waterfront area; and,
WHEREAS, the Harbor Commission and the Planning and Zoning Commission held a joint work session
on to discuss the proposed ordinance to create a waterfront zoning district and amend
the Comprehensive Plan; and,
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3391-2024
Page 2 of 3
Page 5
WHEREAS, the Planning and Zoning Commission at its regularly scheduled meeting of ,
2024 recommended on amendment of the Comprehensive Plan Land Use
Designation.
WHEREAS, the Harbor Commission at its regularly scheduled meeting of , 2024
recommended on amending the Comprehensive Plan Land Use Designation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of the Land Use Plan Map in the Comprehensive Plan: That Imagine Kenai
2030 Comprehensive Plan Land Use Plan Map is hereby amended as follows: Reclassify the following
parcels from Industrial (IN) to Mixed Use (MU) land use classification.
Legal Description Parcel ID
Tract E, Daubenspeck Property Subdivision 04705703
Portion of Alaska Tidelands Survey 98 04705702
Tract C, US Survey 104, Amended Tracts A, B, & C 04901113
Tract C, US Survey 104, Amended Tracts A, B, & C 04901112
Tract A, Kenai Tidelands Survey No. 1 04901121
Portion of Govt Lot 10 Lying Southwest of Bridge Access Rd & Lying 04901131
North & Northwest & Northeast of US Survey 4563 Amended, Section
4, T5N R11 W
Lot 3, US Survey 4563 Amended 04901123
Lot 2, US Survey 4563 Amended 04901124
Alaska Tidelands Survey 82 04901125
Portion of Govt Lot 10 Lying Southeasterly of US Survey 4563 04901130
Amended, Section 4, T5N R11 W
Lot 1, Kristine Subdivision No. 1 04901133
Lot 2, Kristine Subdivision No. 1 04901134
Tract B, Kenai Tidelands Survey No. 2 04901132
Tract C, Kenai Tidelands Survey No. 2 04901404
Lot 3A, Kristine Subdivision Jahrig Addition 04901136
Lot 3B, Kristine Subdivision Jahrig Addition 04901137
Lot 3C, Kristine Subdivision Jahrig Addition 04901138
Lot 1, Baron Wood Subdivision 04901312
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3391-2024
Page 3 of 3
Lot 2, Baron Wood Subdivision
US Survey 678 Amended
Alaska Tidelands Survey No. 770
Alaska Tidelands Survey No. 114
Lot 3, Baron Wood Subdivision No. 2
Lot 4A, Baron Wood Subdivision No. 2
Lot 5A, Baron Wood Subdivision No. 2
Lot 8, Baron Wood Subdivision
Tract E, Boat Ramp Subdivision
Tract F-1, Alaska State Land Survey No. 2012-04
Tract F-2, Alaska State Land Survey No. 2012-04
Tract A, City of Kenai Boat Ramp & ROW Dedication (Northern Half)
Attached is Exhibit "A" illustrating the proposed land use reclassification area.
04901313
04901401
04901403
04901402
04901314
04901321
04901322
04901320
04945009
04945011
04945012
04945002
Page 6
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 FEBRUARY,
2024.
ATTEST:
Michelle M. Saner, MMC, City Clerk
Brian Gabriel Sr., Mayor
Introduced: January 17, 2024
Enacted: February 21, 2024
Effective: March 22, 2024
New Text Underlined; [DELETED TEXT BRACKETED]
L
I000,
City of Kenai
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
FROM: Vice Mayor Knackstedt
DATE: January 10, 2024
SUBJECT: Ordinance No. 3391-2024
Comprehensive Plan Land
Industrial to Mixed -Use
- Amending the Imagine Kenai 2030
Use Plan Map for Certain Parcels from
This Ordinance seeks to amend the Land Use Plan Map in the Imagine Kenai 2030
Comprehensive Plan ("Comprehensive Plan") to align with the vision of the waterfront
development area. In the Waterfront Redevelopment and Vision Assessment, the community
shared a vision for the waterfront revitalization to be authentic, protective of the river and natural
environment, assessable year-round and to provide economic opportunities. In the
Comprehensive Plan, the waterfront development area has an Industrial (IN) land use
classification, which does not align with the vision for the waterfront revitalization. The Ordinance
will amend the Land Use Plan Map of the waterfront development area for certain parcels from
Industrial (IN) to Mixed Use (MU) Land Use Classification to support the rezone of the waterfront
development area.
Your consideration is appreciated.
Attachments
Existing Land Use Map
Proposed Land Use Map
Page 7
Page 8
Ordinance 3391-2024
Existing Land Use Map
\ ♦ �qw�cunn-19�4�
�
N Map for Reference Only
NOT A LEGAL DOCUMENT
Q Parcels
Land Use
Reclassification Area
Suburban Residential
General Commercial
Central Commercial
Low Density
Residential
,monj Airport Industrial
Mixed Use
Industrial
Institutional
Parks, Recreation &
Open Space
I 1
Date Printed: 1/10/2024
0 500 1,000 2,000 Feet
Page 9
Ordinance 3391-2024
Proposed land Use Map
RPP= Suburban Residential
General Commercial
Central Commercial
,monj Airport Industrial
Industrial
Parks, Recreation &
Open Space
I
Date Printed: 1/10/2024
N Map for Reference Only
NOT A LEGAL DOCUMENT
I I I I I I I I I
0 500 1,000 2,000 Feet
Exhibit A
Ordinance 3391-2024
Land Use Map Amendment
Date Printed: 1/10/2024
N Map for Reference Only
NOT A LEGAL DOCUMENT
0 500 1,000 2,000 Feet
Page 11
Sponsored by: Vice Mayor Knackstedt
KENAI
CITY OF KENAI
ORDINANCE NO. 3392-2024
AN ORDINANCE AMENDING THE KENAI ZONING CODE TO ADD A NEW ZONING DISTRICT,
WORKING WATERFRONT (WW) AND AMENDING THE OFFICIAL ZONING MAP FOR CERTAIN
PARCELS FROM HEAVY INDUSTRIAL (IH) TO WORKING WATERFRONT (WW) OR
CONSERVATION (C) ZONING DISTRICT.
WHEREAS, the Imagine Kenai 2030 Comprehensive Plan ("Comprehensive Plan"), identified a Land
Use objective to review revitalization strategies for the area adjacent to Bridge Access Road beginning
at Millennium Square to the boat landing; and,
WHEREAS, in 2021, the City funded the Kenai Waterfront Revitalization Assessment ("Assessment") for
revitalization strategies to maximize the potential of the waterfront area to support a thriving business,
residential, recreational, and cultural community; and,
WHEREAS, within the "Assessment", it outlined recommended next steps to address the dire planning
needs by preparing a Waterfront Master Plan and conducting a Civic Center Market Assessment and
Feasibility Analysis; and,
WHEREAS, due to the emerging interests in the waterfront area from the public engagement conducted
for the Assessment, there is a sense of urgency for the waterfront rezone to promote new development
or redevelopment that is consistent with the vision and findings in the Assessment; and,
WHEREAS, the Comprehensive Plan acknowledges the decline for demand of large industrial sites and
the commercial fishing industry but indicated the need to maintain the viability of existing industry as a
land use and economic priority; and,
WHEREAS, the creation of a new zoning district, Working Waterfront (WW) would allow certain
commercial uses by -right and protect existing uses that align with the vision of the waterfront
development, as identified in the Assessment; and,
WHEREAS, the proposed rezone from Heavy Industrial (IH) to WW Zone would be consistent with
Ordinance 3391-2024, amending the Comprehensive Plan to reclassify the future land use of the
proposed rezone area from Industrial (IN) to Mixed Use (MU), which envisions a compatible mix of
residential, retail, service, office, public, institutional, and recreational uses; and,
WHEREAS, the proposed rezone includes parcels outside of the designated waterfront development
area, which are primarily wetlands parcels to Conservation (C) Zone for compatibility with the surrounding
area and consistency with the Land Management Plan and Comprehensive Plan; and,
WHEREAS, the Harbor Commission and the Planning and Zoning Commission held a joint work session
on to discuss the proposed ordinance to create a waterfront zoning district and amend
the Comprehensive Plan; and,
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 2 of 17
WHEREAS, the Planning and Zoning Commission at its regularly scheduled meeting of ,
2024 recommended on amending the Kenai Municipal Code (KMC) to add a new
zoning district and rezone the waterfront area; and,
WHEREAS, the Harbor Commission at its regularly scheduled meeting of , 2024
recommended on amending the KMC to add a new zoning district and rezone the
waterfront area; and,
WHEREAS, it is the best interest of the City of Kenai to amend KMC to add the Working Waterfront Zone
and amend other KMC Sections, which are consistent with the waterfront land uses identified in the
Assessment; and,
WHEREAS, it is in the best interest of the City of Kenai to amend the Official Zoning Map to rezone
certain parcels from Heavy Industrial to Working Waterfront zoning district to promote opportunities for
economic development, redevelopment, and use of land that do not impact the existing uses in the area;
and,
WHEREAS, it is in the best interest of the City of Kenai to amend the Official Zoning Map to rezone
certain parcels south of the waterfront redevelopment area from Heavy Industrial to Conservation zoning
district to preserve the open areas, watershed, and wildlife reserves.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Subsection 14.20.030(a) of Kenai Municipal Code: That Kenai Municipal
Code, Subsection 14.20.030(a) Adoption of Zones and Zoning Map is hereby amended as follows:
(a) Adoption of Zones and Zoning Map. The City of Kenai is divided into the following zones:
Conservation C Zone
Rural Residential RR Zone
Suburban Residential RS Zone
Rural Residential RR-1 Zone
Suburban Residential RS-1 Zone
Suburban Residential RS-2 Zone
Urban Residential RU Zone
Central Commercial CC Zone
General Commercial CG Zone
Limited Commercial LC Zone
Light Industrial IL Zone
Heavy Industrial IH Zone
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 3 of 17
Recreational R Zone
Townsite Historic TSH Zone
Education Zone ED Zone
Central Mixed Use CMU Zone
Working Waterfront WW Zone
These zones shall be bounded and defined as shown on the official zoning map, which shall be kept on
file at Kenai City Hall. This official zoning map, together with all explanatory matter thereon, as exhibited
at the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter.
Section 2. Amendment of Chapter 14.20 of Kenai Municipal Code: That Kenai Municipal Code,
Chapter 14.20 Kenai Zoning Code is hereby amended as follows:
14.20.128 Workina Waterfront Zone (WW Zone).
(a) Intent. The WW Zone is established to provide the following purposes:
1) To encouraae. Drotect and maintain water -dependent and water -related uses:
(2) To encourage development of park space, pedestrian connections, and public recreational space;
(3) To provide appropriately located areas for commercial/economic enterprises, tourism, or recreation
for the convenience of the Dublic and in mutuallv beneficial relationships to each other:
(4) To provide space for community facilities and institutions that appropriately may be located in areas;
(5) To provide adequate space to meet the needs of commercial development, including off-street
parking and truck loading areas;
(6) To minimize traffic congestion and create a safe and continuous pedestrian connection;
(7) To protect non -industrial uses from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck
traffic. and other obiectionable influences incidental to industrial uses:
(8) To encourage new development to maintain a certain relationship between building facades and
the public realm, the form and mass of buildings in relation to one another, and the scale and types of
streets and blocks; and
9) To Drotect and maintain certain industrial uses that reauire waterfront locations.
(b) Principal Permitted Uses. As allowed in the Land Use Table.
c) Conditional Uses. As allowed in the Land Use Table and subiect to the Drovisions of this ch
(d) Accessory Uses. As defined in this chapter.
(e) Home Occupations. Uses as allowed in this chapter.
(f) Parking Requirements. As required by this chapter.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 4 of 17
(g) Development Requirements. As required by this title.
(h) Landscaping. As required in KMC 14.25.
Section 3. Amendment of Section 14.22.010 of Kenai Municipal Code: That Kenai Municipal Code,
Section 14.22.010 Land Use Table is hereby amended as follows:
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
RS
R
C
E
WW
LAND USES
ALI
C
RR
R-
RS
-1
RS-2
U
CC
G
IL
IH
D
R
H
LC
CMU
1
RESIDENTIAL
One -Family Dwelling
N
C18
P
P
P
P
P
P
p21
S1
S2
S2
C2
P
P
P
S1/C21
C
z
Two-, Three -Family
N
C18
P
P
P
P
P
P
p21
S1
C
C
C2
P
P
P
S1/C21
P
Dwelling
2
Four -Family Dwelling
N
C18
P
C3
P
N
N
P
p21
S1
C
C
C2
N
P
C
S1/C21
P
29
2
Five-, Six -Family
N
C18
C3
N
P
N
N
P
p21
S1
C
C
N
N
P
C
S1/C21
P
Dwelling
Seven- or More Family
N
C18
C3
N
C3
N
N
P
p21
S1
C
C
N
N
P
C
S1/C21
P
Dwelling
Mobile Home Parks'
N
N
C
N
C
C
C
C
C
C
C
C
N
C
N
N
C
N
Planned Unit
N
C18
C
C2
C
C
C
C
C
C
C
C
N
C
C
C
C
P
Residential
9
Development'
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 5 of 17
Townhouses4
N
C18
C3
C3
C3
C3
C3
C3
C
C
C
C
C2
C
C
C
C
C32
,29
2
Accessory Building on
N
N
C
C
C
C
C
C
N
N
N
N
N
N
C
N
N
N
Parcel Without Main
Building or Use (See
KMC 14.20.200)
COMMERCIAL
Airport Compatible
P
N
N
N
N
N
N
N
C
C
C
C
N
N
N
C
C
C
Uses
Adult Businesses
N
N
N
N
N
N
N
N
p31
P3
P3
P3
N
N
N
N
N
N
1
1
1
Automotive Sales
C
N
C
N
N
N
N
C
P
P
P
P
N
N
N
N
P
N
Automotive Service
C
N
C
N
N
N
N
C
P
P
P
P
N
C
N
N
P
C32
Stations
Banks
C
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
P
Business/Consumer
C
N
C
C
C
N
N
C
P
P
P
C
N
C
C
C
P
P
Services
Commercial
N
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
P
Recreation
Guide Service
C
N
C
N
C
N
N
C
P
P
P
P
N
P
P
C
P
P
Hotels/Motels
C
N
C
N
C
N
N
C
P
P
P
C
N
C
P
C
P
P
Lodge
C
N
C
N
C
N
N
C
P
P
P
C
N
P
P
C
P
P
Marijuana Cultivation
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
C
N
N
Facility, Limited30
Marijuana Cultivation
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
C
N
N
Facility, Standard30
Marijuana Product
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
N
N
N
Manufacturing
Facility30
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 6 of 17
Marijuana Testing
Facility30
N
N
N
N
N
N
N
N
C
C
P
P
N
N
N
C
C
N
Professional Offices
C
N
C
C
C
N
N
P
P
P
P
P
N
C
P
P
P
P
Restaurants
C
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
P
Retail Business
C
N26
C
N
C
N
N
C
P
P
P
P
S2
4
S2
4
C
C
P
P
Retail Marijuana
Store30
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
C
C
C
Theaters
N
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
P
Wholesale Business
C
N
C
N
C
N
N
C
C
P
P
P
N
S2
4
C
C
N
N
INDUSTRIAL
Airports
C
P20
C
N
C
N
N
C
C
C
C
C
N
C
N
N
C
C
Necessary Aviation
Facilities
P
P
C
C
C
C
C
C
P
P
P
P
C
P
C
P
P
C
Automotive Repair
P
N
C
N
C
N
N
C
P
P
P
P
N
N
N
N
P
C32
Gas
Manufacturer/Storage
C9
N
N
N
C
N
N
N
N
N
C9
C9
N
N
N
N
N
C
Man ufacturing/Fabrica
ting/Assembly
P
N
C
N
C
N
N
C
C
P
P
P
N
C
C
N
C
C
Mini -Storage Facility
C
N
C
N
C
N
N
C
C
P
P
P
N
N
N
C
C
N
Storage Yard
C
N
C
N
C
N
N
C
C
P
P
P
N
N
N
N
C
C32
Warehouses
C
N
C
N
C
N
N
C
N
P
P
P
N
C
N
N
N
C
PUBLIC/INSTITUTIO
NAL
Assisted Living
N
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 7 of 17
Churches*
N
C
P10
P1
P10
P10
P10
P1
P10
P1
C
C
P
P1
P
P
P
P
0
0
0
0
Clinics
N
C
C
N
C
C
C
C
P
P
P
C
C
C
C
P
P
P
Colleges*
N
C
C
C2
C
C
C
C
P
P
C
C
P
C
C
C
P
P
9
Elementary Schools*
N
C
C
C2
C
C
C
C
P
P
C
C
P
C
C
C
P
P
9
Governmental
P
C
C
C2
C
C
C
C
P
P
P
C
P
C
C
P
P
P
Buildings
9
High Schools*
N
C
C
C2
C
C
C
C
P
P
C
C
P
C
C
C
P
P
9
Hospitals*
N
C
C
N
C
C
C
C
P
P
P
C
C
C
C
C
P
P
Libraries*
N
C
C
C2
C
C
C
C1
P
P
P
C
P
C
P
C
P
P
9
2
Museums
C
C
C
C2
C
C
C
C
P
P
P
C
P
C
P
C
P
P
9
Parks and Recreation
N
P
C
C2
C
C
C
C
P
P
P
P
P
P
P
C
P
P
9
MISCELLANEOUS
Animal
C
C
C
N
C
C
N
N
C
C
C
C
N
C
N
C
C
C
Boarding/Commercial
Kennel13
Assemblies15 (Large:
P
C
C
N
C
C
C
C
p15
P1
P1
P1
P1
C
P
N
p15
P
Circuses, Fairs, etc.)
5
5
5
5
Bed and Breakfasts
N
C
C
C
C
C
C
C
C
C
C
C
N
P
C
C
P
P
Cabin Rentals
N
C
C
N
C
N
N
N
P
P
P
C
N
P
P
C
P
P
Cemeteries
P
C
C
N
C
N
N
N
N
C
C
C
N
C
C
N
N
N
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 8 of 17
Communications
C
P
C
N
C
C
C
C
P
P
P
P
P
C
C
C
C
C
Towers and
Antenna(s), Radio/TV
Transmitters/Cell
Sites** 28
Crematories/Funeral
N
N
C
N
C
N
N
C
C
C
C
C
N
C
C
C
C
N
Homes
Day Care Centers12
N
C
C
C2
C
C
C
C
P
P
P
C
C
C
C
P
P
P
9
Dormitories/Boarding
N
C
C
N
C
C
C
P
P21
S
C
P
P2
C
C
C
P
P
Houses
3
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Farming/General
N
P
P
N
N
N
N
N
N
N
N
P
N
P
N
N
N
C
Agriculture***
Fraternal
N
N
C
N
C
C
C
C
P
P
P
C
N
C
P
C
P
P
Organizations/ Private
Clubs/Social Halls and
Union Halls
Greenhouses/Tree
N
C
C
N
C
C
C
C
P
P
P
C
N
C
C
C
P
P
Nurseries13
Gunsmithing,
N
N
C
C
C
C
C
C
P
P
P
P
N
C
P
P
P
P
Taxidermy
Nursing, Convalescent
N
N
C
N
C
C
C
C
P
P
C
C
C
C
C
C
P
P
or Rest Homes
Parking, Public Lots12
C
C
C
N
C
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/C
P
P
27
Recreational Vehicle
N
C
C
N
C
N
N
C
C
C
C
C
N
C
C
N
C
C
Parks
Subsurface Extraction
C
C
C
C
C
C
C
C
C
C
C
C
N
C
N
N
N
C
of Natural Resources16
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 9 of 17
Surface Extraction of
C
C
C
N
C
N
N
C
N
C
C
C
N
C
N
N
N
N
Natural Resources"
* See 42 U.S.C. Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
** See 42 U.S.C. 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 IRS 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;
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.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024 Page 20
Page 10 of 17
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 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.
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Ordinance No. 3392-2024
Page 11 of 17
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
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
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 12 of 17
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).
32 Allowed as a conditional use; provided, it is a maritime -related use to accommodate recreational
boating activities, recreational facilities, accessory uses, and service facilities.
Section 4. Amendment of Chapter 14.24 of Kenai Municipal Code: That Kenai Municipal Code,
Chapter 14.24 Development Requirements Tables are hereby amended as follows:
14.24.010 Minimum lot area requirements.
Table 14.24.010. DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICTS
RU/T
ALI/IL/IH/
USES
C/RR
RR-1
RS
RS-1
RS-2
SH
CC/CG/CMU/
R
ED
LC
WW
MINIMUM LOT
AREA (square
feet)
Single/Two/Three
20,000
20,000
7,200
12,500
7,200
7,200
20,000
20,000
12,500
Family Dwelling
Four Family
20,000
22,400
9,600
N
N
7,200
N
N
12,500
Dwelling
See individual
sections of
Five Family
22,400
N
12,000
N
N
7,200
Code for
N
N
12,500
Dwelling
requirements.
Six Family
24,800
N
14,400
N
N
7,200
N
N
12,500
Dwelling
27,200
16,800
Seven or More
+
N
+
N
N
7,200
N
N
12,500
Family Dwelling
2,400
2,400
for
for
each
each
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3392-2024
Page 13 of 17
ZONING DISTRICTS
RU/T
ALI/IL/IH/
USES
C/RR
RR-1
RS
RS-1
RS-2
SH
CC/CG/CMU/
R
ED
LC
WW
unit
unit
over 7
over 7
Maximum Height
35
35
35
35
35
35
(feet)
Key: N = Not allowed.
Footnotes:
1 Listed square footages are the minimum required for each zone.
2 Greater lot square footages may be required to satisfy Alaska Department of Environmental
Conservation (ADEC) requirements where on -site water supply and/or sewer is necessary.
3 Minimum lot size for non-residential uses in ED zone is 40,000 square feet.
4 Minimum lot size for residential uses in the CMU zone is 7,200 square feet.
14.24.020 General Requirements.
Table 14.24.020. DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICTS
USES
C/RR
RR-1
RS
RS-1
RS-2
RU/TSH
ALI/IL/IH/CC/CG/
R
ED
LC
CMU/WW
MINIMUM LOT
90
90
60
60
60
60
See individual
90
90
90
WIDTH (feet)
sections of Code
for requirements
MINIMUM LOT
SIZE (feet)
Front Setback'
20
20
20
20
20
10
20
20
20
20
Side Setback
One -Story'
15
15
5
5
5
5
10
15
15
15
Daylight
15
15
10
10
10
5
10
15
15
15
Basement/Split
Level'
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Ordinance No. 3392-2024
Page 14 of 17
ZONING DISTRICTS
USES
C/RR
RR-1
RS
RS-1
RS-2
RU/TSH
ALI/IL/IH/CC/CG/
R
ED
LC
CMU/WW
Two -Story'
15
15
15
15
15
54
10
15
15
15
Rear Setback
20
20
20
20
20
104
10
20
20
20
Maximum Lot
30%
30%
30%
30%
30%
40%
30%
30%
30%
Coverage
Maximum Height
35
35
35
35
35
35
(feet)
Footnotes:
1 Provided that the minimum front setback is measured from any right-of-way or access easement.
2 Side setbacks are determined based on the primary vehicular access of the structure. Plot plan/as-built
will distinguish single and two-story portions of building to verify setback distances are met.
3 Story is that portion of a building included between the upper surface of any floor and the upper surface
of the floor next above or the ceiling or roof above.
One-story is defined as a story having direct access from grade level without a lower story. A structure
having a lower story situated below a one-story is considered a one-story structure in its entirety.
Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story all situated
above grade.
Daylight basement/split level is defined as one-story plus less than one-half (1/2) the height of the lower
story all situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface
of the ground between the building and a line five (5) feet from the building.
4 Except that for each story over two (2) stories, each side and rear yard shall be increased three (3)
feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard.
5 Side setbacks for parcels within the airport perimeter fence situated along aircraft movement areas,
ramps, taxiways, or parking aprons are exempt from the side setback requirements of this title. The
building restriction line identified on the Airport Layout Plan must be maintained.
6 All structures in aircraft -approach zones and within eight thousand feet (8,000') of the main runway
shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA -
approved Kenai Airport Layout Plan.
14.24.030 Addendum to development requirements tables.
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Ordinance No. 3392-2024 Page 25
Page 15 of 17
Section 5. Amendment of City of Kenai Official Zoning Map: That City of Kenai, Official Zoning Map
is hereby amended as follows: Rezone the following parcels from Heavy Industrial (IH) to Working
Waterfront (WW) zoning district.
Legal Description Parcel ID
Tract E, Daubenspeck Property Subdivision 04705703
Portion of Alaska Tidelands Survey 98 04705702
Tract C, US Survey 104, Amended Tracts A, B, & C 04901113
Tract C, US Survey 104, Amended Tracts A, B, & C 04901112
Tract A, Kenai Tidelands Survey No. 1
04901121
Portion of Govt Lot 10 Lying Southwest of Bridge Access Rd & Lying
04901131
North & Northwest & Northeast of US Survey 4563 Amended, Section
4, T5N R11 W
Lot 3, US Survey 4563 Amended
04901123
Lot 2, US Survey 4563 Amended
04901124
Alaska Tidelands Survey 82
04901125
Portion of Govt Lot 10 Lying Southeasterly of US Survey 4563
04901130
Amended, Section 4, T5N R11 W
Lot 1, Kristine Subdivision No. 1
04901133
Lot 2, Kristine Subdivision No. 1
04901134
Tract B, Kenai Tidelands Survey No. 2
04901132
Tract C, Kenai Tidelands Survey No. 2
04901404
Lot 3A, Kristine Subdivision Jahrig Addition
04901136
Lot 3B, Kristine Subdivision Jahrig Addition
04901137
Lot 3C, Kristine Subdivision Jahrig Addition
04901138
Lot 1, Baron Wood Subdivision
04901312
Lot 2, Baron Wood Subdivision
04901313
US Survey 678 Amended
04901401
Alaska Tidelands Survey No. 770
04901403
Alaska Tidelands Survey No. 114
04901402
Lot 3, Baron Wood Subdivision No. 2
04901314
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Ordinance No. 3392-2024
Page 16 of 17
Lot 4A, Baron Wood Subdivision No. 2
Lot 5A, Baron Wood Subdivision No. 2
Lot 8, Baron Wood Subdivision
Tract E, Boat Ramp Subdivision
Tract F-1, Alaska State Land Survey No. 2012-04
Tract F-2, Alaska State Land Survey No. 2012-04
Tract A, City of Kenai Boat Ramp & ROW Dedication (Northern Half)
Attached is Exhibit "A" illustrating the area of the proposed zone change.
04901321
04901322
04901320
04945009
04945011
04945012
04945002
Section 6. Amendment of City of Kenai Official Zoning Map: That City of Kenai, Official Zoning Map
is hereby amended as follows: Rezone the following parcels from Heavy Industrial (IH) to Conservation
(C) zoning district.
Legal Description
Tract A, City of Kenai Boat Ramp & ROW Dedication (Southern Half)
Tract B, City of Kenai Boat Ramp & ROW Dedication
Tract C, City of Kenai Boat Ramp & ROW Dedication
Tract D, City of Kenai Boat Ramp
Govt Lots 6, 7, 10 and SE1/4 SE1/4 in Section 8 & Govt Lot 6 and SE1/4
NE1/4 and SE1/4 and NE1/4 SW1/4 and S1/2 SW1/4 Section 9 & Govt
Lots 1, 4-6 and NE1/4 NE1/4 Section 17 excluding the Kenai River
crossing ROW, T5N R11 W (West Side of Bridge Access Road)
Attached is Exhibit "A" illustrating the area of the proposed zone change.
Parcel ID
04945002
04945003
04945004
04945005
04910014
Section 7. 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 8. 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 FEBRUARY,
2024.
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Ordinance No. 3392-2024
Page 17 of 17
ATTEST:
Michelle M. Saner, MMC, City Clerk
Brian Gabriel Sr., Mayor
Introduced:
Enacted:
Effective:
January 17, 2024
February 21, 2024
March 22, 2024
New Text Underlined; [DELETED TEXT BRACKETED]
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Vice Mayor Knackstedt
DATE: January 10, 2024
SUBJECT: Ordinance No. 3392-2024 - Amending the Kenai Zoning Code to Add a
New Zoning District, Working Waterfront (WW) and Amending the
Official Zoning Map for Certain Parcels from Heavy Industrial (IH) to
Working Waterfront (WW) or Conservation (C) Zoning District
This Ordinance seeks to amend the Kenai Zoning Code and Official Zoning Map in response to
the efforts and vision that resulted from the Kenai Waterfront Revitalization Assessment. This is
a first step towards the long-term planning efforts of redeveloping the waterfront area. The
Ordinance will add a new zoning district, Working Waterfront (WW) Zone to the Kenai Zoning
Code with corresponding code amendments to the land use table and development requirements
tables. In addition, it will amend the Official Zoning Map of the waterfront development area for
certain parcels from Heavy Industrial (IH) to WW Zone. With staff's recommendation, wetlands
parcels to the south of the waterfront development area will be rezoned from IH to Conservation
(C) Zone for compatibility with the surrounding area and consistency with the Land Management
Plan and Comprehensive Plan.
Your consideration is appreciated.
Attachments
Existing Zoning Map
Proposed Zoning Map
I N A I
Ordinance 3392-2024
Existing Zoning
0
0
0
00
I
N Map for Reference Only
NOT A LEGAL DOCUMENT
0 500 1,000 2,000 Feet
Rezone Area
Parcels
0
Conservation
Rural
Residential
Suburban
-
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General
Commercial
Central
Mixed Use
Heavy
-
Industrial
Date Printed: 1/9/2024
I N A I
.N�
Ordinance 3392-2024
Proposed Zoning
0
0
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Map for Reference Only
Date Printed: 1/10/2024
N
NOT A LEGAL DOCUMENT
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0 500 1,000 2,000 Feet
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KENAI
EXHIBIT A
Ordinance 3392-2024
Zoning Map Amendment
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N Map for Reference Only ate Printed: 1/10/2024
NOT A LEGAL DOCUMENT
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0 500 1,000 2,000 Feet
KENAI
CITY OF KENAI
ORDINANCE NO. 3393-2024
Sponsored by: Administration
AN ORDINANCE ACCEPTING AND APPROPRIATING DONATIONS TO THE KENAI ANIMAL
SHELTER FOR THE CARE OF ANIMALS.
WHEREAS, the Kenai Animal Shelter recently received monetary donations from a number of donors
totaling $2,643.86, and those funds are intended to support the Kenai Animal Shelter; and,
WHEREAS, the Animal Control Chief has identified equipment needs at the Animal Shelter, including
safety equipment for staff and animal live traps, for the utilization of those donated funds; and,
WHEREAS, the acceptance of these donations 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 donated funds and to expend them
as authorized by this ordinance and in line the intentions of the donors.
Section 2. That the following budget revision is authorized:
General Fund:
Increase Estimated Revenues —
Donations — Animal Control $2.6 33.86
Increase Appropriations —
Animal Control — Small Tools $2.6 33.86
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 21s' DAY OF FEBRUARY,
2024.
Brian Gabriel Sr., Mayor
ATTEST:
Michelle M. Saner, MMC, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3393-2024
Page 2 of 2
Approved by Finance: l
Introduced:
Enacted:
Effective:
February 7, 2024
February 21, 2024
February 21, 2024
New Text Underlined; [DELETED TEXT BRACKETED]
L
I000,
City of Kenai
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: David Ross — Police Chief
DATE: January 22, 2024
SUBJECT: Ordinance No. 3393-2024 - Donations to Kenai Animal Shelter
The Kenai Animal shelter received a number of unsolicited private donations recently totaling
$2,643.86 The individual donors include: James Carpenter, John Percy, Henry & Shannon Iris,
Joe & Patti Holden, Karla & Paul Smith, Lorrene Forbes, Kathy Heus, Laurence & Tamera
Stearns, Pamela Satathite, Benjamin Eveland, Richard Hallmark, Brittany Taylor, Patrick &
Casady Herding, Peninsula Radiation Oncology Center, Michael Koob and Greg Fite. The Animal
Control Chief has identified the need for additional employee safety equipment and for additional
live traps to be purchased with these funds.
I am respectfully requesting consideration of the ordinance accepting and designating those funds
to the Kenai Animal Shelter as they were intended.
KENAI
CITY OF KENAI
ORDINANCE NO. 3394-2024
Sponsored by: Administration
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL
FUND TO PROVIDE SUPPLEMENTAL FUNDING TO THE STREET LIGHTS REPAIR AND
MAINTENANCE OPERATIONAL BUDGET.
WHEREAS, the City contracts annually for street light maintenance and utility locate services; and,
WHEREAS, currently Kachemak Electric has a contract with the City to provide these services; and,
WHEREAS, the current purchase order 126999 in the amount of $56,330 has received invoices totaling
$55,569.12 through December 2023; and,
WHEREAS, additional funds in the amount of $50,000 will be needed to carry through the remainder of
the fiscal year; and,
WHEREAS, the increase in costs stem primarily from an increase in utility locate requests which cost the
City a little over $100/each and about $14,000 in new street light fixture purchases; and,
WHEREAS, the additional funds being requested will allow utility locates to continue uninterrupted
through June 2024 and to continue with minor street lighting repairs as they arise.
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 $50,000
Increase Appropriations —
Transfer to Public Works Street Lights
Street Lights Repair & Maintenance
$50,000
Section 2. That the City Manager is authorized to execute a change order and increase purchase
order 126999 to Kachemak Electric by $50,000 for a revised total purchase order of $106,330.
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.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3394-2024
Page 2 of 2
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 21ST DAY OF FEBRUARY,
2024.
ATTEST:
Michelle M. Saner, MMC, City Clerk
ell
Approved by Finance:c
Brian Gabriel Sr., Mayor
Introduced:
Enacted:
Effective:
February 7, 2024
February 21, 2024
February 21, 2024
New Text Underlined; [DELETED TEXT BRACKETED]
L
I000,
City of Kenai
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: January 30, 2024
SUBJECT: Ordinance 3394-2024 Street Light R&M Supplemental Funding
The Public Works Department has an annual service contract with Kachemak Electric to provide
street lighting utility locates and repair and maintenance services. We have had an increase in
construction activity in the community this past year, with greater than anticipated utility locate
requests coming into the Department. The City pays a little over $100/each for 811 utility locate
requests. Additionally, six new Sternberg light fixtures were installed to replace missing and
damaged fixtures. Through December the Department has expended 98% of its current budget
for street light repairs and locates.
The Department is requesting an additional $50,000 to allow utility locates to continue
uninterrupted into the spring and summer construction season through June 30th, 2024. We also
know we have some street lighting line breaks which we intend to repair in the spring when the
grounds thaws.
As a reminder to Council Ordinance 3386-2024 enacted January 17th, 2024 appropriated $80,000
toward professional services to assist with assessment of ongoing problems. We also have a
Capital Improvement Project for FY2025 which will provide $400,000 in funding toward
construction to correct issues identified during the assessment.
Providing the requested funds now is in the best interest of the City. Council's approval is
respectfully requested.
Page 38
Sponsored by: Council Member Douthit
KENAI
CITY OF KENAI
ORDINANCE NO. 3395-2024
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL
FUND FOR RADIO ADVERTISING AND APPROVING COUNCIL POLICY 20.030-RADIO
ADVERTISING FOR PUBLIC MEETINGS AND ELECTIONS.
WHEREAS, radio advertising is an effective means of communication and disseminating information
locally; and,
WHEREAS, the intent of this appropriation is to provide funding for the City to expand its radio presence
for communicating local City events and matters of local public concern; and,
WHEREAS, the Kenai Peninsula Borough's 2023 survey showed 45% of residence in the Kenai
Peninsula Borough received information from local radio; and,
WHEREAS, public communications regarding City meetings and elections, are constrained by state and
local law; and,
WHEREAS, Council Policy 20-030 is intended to ensure any radio advertising is legally compliant while
encouraging public participation in elections and local government meetings.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That Council Policy 20.030-Radio Advertising for Public Meetings and Elections is
approved. Any future amendments to this Policy may be accomplished through a Resolution.
Section 2. That the following budget revision is authorized:
General Fund:
Increase Estimated Revenues —
Appropriation of Fund Balance $15,000
Increase Expenditures —
Non -Departmental -Advertising $15,000
Section 3. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 21ST DAY OF FEBRUARY,
2024.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3395-2024
Page 2 of 2
ATTEST:
Michelle M. Saner, MMC, City Clerk
Approved by Finance:
Brian Gabriel Sr., Mayor
Introduced:
Enacted:
Effective:
February 7, 2024
February 21, 2024
February 21, 2024
New Text Underlined; [DELETED TEXT BRACKETED]
L
I000,
City of Kenai
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
FROM: Council Member Douthit
DATE: February 1, 2024
SUBJECT: Ordinance No. 3395-2024 — Increasing General Fund for Radio
Advertising for Public Meetings and Elections
I respectfully ask for your support of Ordinance No. 3395-2024 supporting the new radio
advertising policy and funding for the City to utilize radio advertising. This policy is to allow for city
staff to promote elections and meetings via radio advertisements. The Ordinance also provides
funding for advertising of other governmental notifications brought forth by city staff as
needed. This will allow a much -needed resource to notify the public of City
governmental happenings with the goal of increasing resident participation in elections, meetings
and other events. This Ordinance is intended to bring in more applicants for board and
commission openings and raise awareness of events by radio notifications created by city staff.
Examples of some notifications that could done by city staff could be: animal shelter
notifications of animals available for adoption, library events and readings, city road closures and
public works notifications such as hydrant flushing/adoption opportunities and leaving water
running when is cold outside. In addition, these notifications could include city employment
openings and dip net fishery notifications. There are numerous possibilities for this type of
advertising.
Radio advertising is the probably the most effective advertising tool on the Kenai Peninsula and
is currently underutilized by the City. I have consistently received requests by Kenai constituents
that they have a desire to be more aware of what is happening within the City. Please support
this new policy and Ordinance No. 3395-2024 to reach the residents of Kenai and keep them
apprised to City government happenings and keep the city government as transparent as
possible for the public.
Thanks
Alex Douthit
JC/ KENAI Pagel
CITY COUNCIL — 20.030 [Page41
RADIO ADVERTISING FOR PUBLIC MEETINGS & ELECTIONS
Effective Date: Last Action Date:
Approved bv: City Council
POLICY — 20.030 Radio Advertising for Public Meetings & Elections
Purpose
The purpose of this policy is to define rules for radio advertising when utilized for advertising meetings of
public bodies and promoting elections.
Scope
This policy applies to the use of radio advertising when promoting meetings of the public bodies of the City
of Kenai and City Elections.
Policy
A. The following applies to radio advertising of meetings of the public bodies of the City of Kenai:
1. When utilized for the purpose of promoting meetings of the public bodies, the radio advertisement will
not include reference to a specific meeting date and time; however, will promote attendance at City of
Kenai public meetings and where to find meeting details such as meeting dates and times and agenda
items. (i.e. city website).
2. Promotion of specific agenda items is strictly prohibited.
B. The following applies to radio advertising related to City Elections:
1. When utilized for City Elections, the radio advertisements will promote candidate filing periods, voter
registration deadlines and Election dates, times and polling locations.
2. The promotions of and/or opposition to a specific candidate is strictly prohibited.
3. Promotion of and/or opposition to a proposition/ballot question is prohibited, unless approved by a
majority vote of the City Council and in accordance with the applicable Local, State and Federal
Campaign laws.
Brian Gabriel Sr., Mayor
ATTEST:
Shellie Saner, MMC, City Clerk
Policy History: Ordinance No. 3395-2024
20.030 - Radio Advertising for Public Meetings & Elections Page 1 of 1
Cart #
TH,E" 4S?2
� � C�r� ✓� Page 4204/1 K
Name City of Kenai
Address 210 Fidalgo ave
city kenai state a Zip 99611
Contact Shellie Saner
Phone
Cell
E-Mail ssaner&kenai.city
Beginning Run Date
End Run Date
Co -Op
Date
Mo 7 DAY YEAR 23
Mo 7 DAY YEAR 24
Yes ElNo �
Mo 7 DAY 6 YEAR 23
Radio Time Order
Length ❑X -30 ❑ :60
Hour DAP TAP
❑X (6a-7p) ❑(6a-12a)
Time Specified
Live Read
Quantity 250 ads
Rate
Charges $5,400.00
Sales Tax Tax Exempt
Agency
Total Cost $5,400.00
Consultant Britney Baier
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Client Signature: X❑ KSRM ❑X KWHQ
920 AM 100.1 FM
The above signee agrees to the terms and conditions of this contract.
*Please see reverse for KSRM Radio Group Inc. Terms and Conditions ❑X KKIS ❑ KSLD
96.5 FM 1140 AM
Type of Buy: Annual Bulk Buy ❑X KFSE ❑KKNI
106.9 FM 105.3 FM
Special Instructions: 250 ads to spread out for the year
250 ads per station for 1000 ads total per year
KSRM Radio Group Inc.
40960 K-Beach Road, Kenai, Alaska 99611
Office: (907) 283-8700 — Fax: (907) 283-9177
www.radiokenai.com — General Email. info(a)-radiokenai.com
*KSRM Radio Group Inc. Terms and Conditions
1. The program or announcement shall be of a quality and rendered and broadcast in a manner satisfactory to
KSRM Radio Group Inc. All advertising copy shall be subject to approval of KSRM Radio Group Inc. The
Advertiser agrees to comply with all Federal, State, Borough and City regulations, restrictions, and laws
covering the use of broadcasting stations operating under the authority of the Federal Communications
Commission.
2. All announcements and programs offered or contracted for are subject to change and must yield to change and
must yield to programs at the discretion of KSRM Radio Group Inc. The station is not liable for damages
should the station, because of emergencies, necessity, legal restrictions or the intervention of the Federal,
State, Borough or City authorizes or for any other reason beyond reasonable control of the station, be unable
to advertise any of the advertiser's program or announcements at the time or times specified.
3. This service is not subject to assignment. No time may be resold.
4. The station reserves the right to cancel this contract at any time, upon written notice.
5. Unless otherwise agreed to in writing, advertiser, by giving the station two weeks' notice in writing may
terminate this contract. Upon cancellation 30% of the contract will be charged upon cancellation.
6. If it becomes necessary to institute suit for the collection of any monies due, or to become due, under this
contract, or to enforce any of the provisions herein, the advertiser agrees to pay the station a reasonable
attorney's fee (the minimum being $50.00) and the cost of this suit as the plaintiff.
7. The advertiser will save KSRM Radio Group Inc. harmless against all liability for libel or slander by reason of
broadcasting announcement or written copy furnished by the advertiser.
8. If the advertiser does terminate the contract, advertiser will pay for 100% of the announcements for all
services previously aired.
9. If the advertiser does terminate this agreement, and promotional materials were supplied to the advertiser for a
specific promotion, indicated on this contract, advertiser will be liable for billing up to the date of termination,
regardless of the number of announcements aired.
10. Unless otherwise agreed in writing all amounts due shall be paid on or before the 15th day of the month
indicated, and the client agrees to pay a service charge of 1.5% per month (18% annually) on any past due
amounts.
11. In accordance with Paragraphs 49 and 50 of United States Federal Communications Commission Report
and Order No. FCC 07-217, KSRM Radio Group Inc., will not discriminate in any contract for advertising on
the basis of race or ethnicity, and all such contracts will be evaluated, accepted, negotiated and completed
without regard to race or ethnicity.
12. Contract includes one (1) hour of studio recording time. Additional time may be purchased at a rate of
$75.00 per hour, with a one (1) minimum. KSRM
= am
KSM IFSE
MO am 106.9 hn
KKNI KKIS
105.3 fm 96.51m
KVVM
1=1 hn
Cart #
TH,E" 4S?2
� � C�r� ✓� Page 4404/1 K
Name City of Kenai
Address 210 Fidalgo av
city kenai state a Zip 99611
Contact Shelly
Phone
Cell
E-Mail ssanel"&kenai.city
Beginning Run Date
End Run Date
Co -Op
Date
MO 7 DAY YEAR 23
Mo 7 DAY YEAR 24
Yes ElNo �
Mo 7 DAY 6 YEAR 23
Radio Time Order
Length ❑X -30 ❑ :60
Hour DAP TAP
❑X (6a-7p) ❑(6a-12a)
Time Specified
Live Read
Quantity 500 ads
Rate
Charges $10,800.00
Sales Tax Tax Exempt
Agency
Total Cost $10,800.00
Consultant Britney Baier
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Client Signature: X❑ KSRM ❑X KWHQ
920 AM 100.1 FM
The above signee agrees to the terms and conditions of this contract.
*Please see reverse for KSRM Radio Group Inc. Terms and Conditions ❑X KKIS ❑ KSLD
96.5 FM 1140 AM
Type of Buy: Annual Bulk Buy ❑X KFSE ❑KKNI
106.9 FM 105.3 FM
Special Instructions: 500 ads to spread out for the year
500 ads per station for 2000 ads total per year
KSRM Radio Group Inc.
40960 K-Beach Road, Kenai, Alaska 99611
Office: (907) 283-8700 — Fax: (907) 283-9177
www.radiokenai.com — General Email. info(a)-radiokenai.com
*KSRM Radio Group Inc. Terms and Conditions
1. The program or announcement shall be of a quality and rendered and broadcast in a manner satisfactory to
KSRM Radio Group Inc. All advertising copy shall be subject to approval of KSRM Radio Group Inc. The
Advertiser agrees to comply with all Federal, State, Borough and City regulations, restrictions, and laws
covering the use of broadcasting stations operating under the authority of the Federal Communications
Commission.
2. All announcements and programs offered or contracted for are subject to change and must yield to change and
must yield to programs at the discretion of KSRM Radio Group Inc. The station is not liable for damages
should the station, because of emergencies, necessity, legal restrictions or the intervention of the Federal,
State, Borough or City authorizes or for any other reason beyond reasonable control of the station, be unable
to advertise any of the advertiser's program or announcements at the time or times specified.
3. This service is not subject to assignment. No time may be resold.
4. The station reserves the right to cancel this contract at any time, upon written notice.
5. Unless otherwise agreed to in writing, advertiser, by giving the station two weeks' notice in writing may
terminate this contract. Upon cancellation 30% of the contract will be charged upon cancellation.
6. If it becomes necessary to institute suit for the collection of any monies due, or to become due, under this
contract, or to enforce any of the provisions herein, the advertiser agrees to pay the station a reasonable
attorney's fee (the minimum being $50.00) and the cost of this suit as the plaintiff.
7. The advertiser will save KSRM Radio Group Inc. harmless against all liability for libel or slander by reason of
broadcasting announcement or written copy furnished by the advertiser.
8. If the advertiser does terminate the contract, advertiser will pay for 100% of the announcements for all
services previously aired.
9. If the advertiser does terminate this agreement, and promotional materials were supplied to the advertiser for a
specific promotion, indicated on this contract, advertiser will be liable for billing up to the date of termination,
regardless of the number of announcements aired.
10. Unless otherwise agreed in writing all amounts due shall be paid on or before the 15th day of the month
indicated, and the client agrees to pay a service charge of 1.5% per month (18% annually) on any past due
amounts.
11. In accordance with Paragraphs 49 and 50 of United States Federal Communications Commission Report
and Order No. FCC 07-217, KSRM Radio Group Inc., will not discriminate in any contract for advertising on
the basis of race or ethnicity, and all such contracts will be evaluated, accepted, negotiated and completed
without regard to race or ethnicity.
12. Contract includes one (1) hour of studio recording time. Additional time may be purchased at a rate of
$75.00 per hour, with a one (1) minimum. KSRM
9M am
KKMM �� 1 SVn
SE
A
iDOW KKIS
K aWHQ
F�46]
"0001
rl1 KENRI PENINSULR
ccrraa • 9s.$)) il i
1 /24/2024
Option A — 600 (30) ads per station, ads to air on 6 stations.
KSRM 920am & 92.5fm, KSLD 1140am & 96.9fm,
KWHQ 100.1fm, KKIS 96.5fm, KKNI 105.3fm and KFSE 106.9fm
Bulk purchase - $18,000.00
Option B — 500 (30) ads per station, ads to air on 6 stations.
KSRM 920am & 92.5fm, KSLD 1140am & 96.9fm,
KWHQ 100.1fm, KKIS 96.5fm, KKNI 105.3fm and KFSE 106.9fm
Bulk purchase - $15,000.00
Option C — 400 (30) ads per station, ads to air on 6 stations.
KSRM 920am & 92.5fm, KSLD 1140am & 96.9fm,
KWHQ 100.1fm, KKIS 96.5fm, KKNI 105.3fm and KFSE 106.9fm
Bulk purchase - $12,000.00
All rates and options expire 3/31/2024
Contact -Nathan Johnson 907-398-2628 or nathan@radiokenai.com
KENAI
CITY OF KENAI
ORDINANCE NO. 3396-2024
Sponsored by: Administration
AN ORDINANCE AMENDING KENAI MUNICIPAL CODE 4.31.015 - LOCAL AMENDMENTS TO THE
2009 INTERNATIONAL FUEL GAS CODE FOR HOUSEKEEPING PURPOSES.
WHEREAS, the City of Kenai adopted the 2021 Editions of the Building Codes including the 2021
International Fuel Gas Code through passage of Ordinance 3334-2023; and,
WHEREAS, this Ordinance will make minor housekeeping corrections to KMC Chapter 4.31 Fuel Gas
Code that were missed during the adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Section 4.31.015 of Kenai Municipal Code: That Kenai Municipal Code,
Section 4.31.015 Local amendments to the 2009 International Fuel Gas Code is hereby amended as
follows:
4.31.015 Local Amendments to the [2009] 2021 International Fuel Gas Code.
Amend by deleting Chapter[S] 1 [THROUGH 5, CHAPTER 8, AND APPENDICES A THROUGH D].
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 FEBRUARY,
2024.
ATTEST:
Michelle M. Saner, MMC, City Clerk
Brian Gabriel Sr., Mayor
Introduced:
Enacted:
Effective:
February 7, 2024
February 21, 2024
March 22, 2024
New Text Underlined; [DELETED TEXT BRACKETED]
L
I000,
City of Kenai
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: January 30, 2024
SUBJECT: Ordinance 3396-2024 KMC Code 4.31 Fuel Gas Code Amendment
The City Clerk and Building Official brought to my attention there were some minor revisions
necessary to clean up references within the City Code relating to KMC 4.31.015 and an earlier
code adoption. As Council may recall one year ago the City adopted the 2021 codes from our
previous 2009 versions. This Ordinance is cleaning up a section that still refers to the 2009 code.
One change of note, in the 2009 Fuel Gas Code adoption, our local amendments to that code
deleted references to Chapters 1-5, Chapter 8 and Appendices A through D. With the new 2021
Fuel Gas Code we are only removing references to the first chapter which outlines administrative
requirements, which do not necessarily match the City's normal business practice. The other
Chapters will remain in effect.
I believe these chapters were previously left out due to overlap with the uniform plumbing code,
however, after reviewing the chapters and appendices, the guidance they provide is important to
assist design teams with preferred installation methods. It is the department's recommendation
that they remain.
With Council's approval of this Ordinance the City's website will be updated to correct the
reference. Council's support is respectfully requested.
KENAI
CITY OF KENAI
ORDINANCE NO. 3397-2024
Sponsored by: Administration
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE WATER
SEWER CAPITAL PROJECT FUND FOR THE CEMETERY CREEK CULVERT REPLACEMENT
PROJECT AND ACCEPTING A DONATION FROM THE KENAI FOUNDATION IN SUPPORT OF THE
PROJECT.
WHEREAS, the City in coordination with US Fish & Wildlife has been working to replace the existing
Cemetery Creek culvert with a new fish passage culvert; and,
WHEREAS, the project located between Birch St. and Coral St. along Cohoe Ave. has been proven to
be a primary area for juvenile salmon to gather; and,
WHEREAS, the City previously appropriated $30,000 in funding through passage of Ordinance 3364-
2023 on August 2, 2023 of which $25,000 was provided by US Fish & Wildlife and $5,000 from the Silver
Salmon Derby through the Kenai Foundation; and,
WHEREAS, an additional $4,838 is needed to complete the 35% design effort and to execute contract
amendment one with PND Engineers, Inc. for additional services as requested by US Fish & Wildlife;
and,
WHEREAS, the completed 35% design documents will be used to pursue grant opportunities in support
of completing the design and ultimately constructing the proposed improvements; and,
WHEREAS, staff is working closely with the Salamatof Native Association for grant opportunities.
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 a grant in the amount of $4,838 from the
Kenai Foundation.
Section 2. That the estimated revenues and appropriations be increased as follows:
Water & Sewer Special Revenue Fund:
Increase Estimated Revenues —
Appropriation of Grant Funds from the Kenai Foundation
4 838
Increase Appropriations —
Transfer to Water & Sewer Capital Project Fund
4 838
Water & Sewer Capital Project Fund:
Increase Estimated Revenues —
Transfer from Water & Sewer Special Revenue Fund
4 838
Increase Appropriations —
Cemetery Creek Culvert Replacement Project —
Construction
$4,838
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Ordinance No. 3397-2024
Page 2 of 2
Section 3. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 21ST DAY OF FEBRUARY,
2024.
ATTEST:
Michelle M. Saner, MMC, City Clerk
Approved by Finance:
Brian Gabriel Sr., Mayor
Introduced:
Enacted:
Effective:
February 7, 2024
February 21, 2024
February 21, 2024
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L
I000,
City of Kenai
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: January 30, 2024
SUBJECT: Ordinance 3397-2024 Cemetery Creek Culvert Replacement
This memo requests Council's approval to accept grant funding from the Kenai Foundation in the
amount of $4,838 to support costs associated with Contract Amendment One to PND Engineers
for additional services requested by US Fish & Wildlife relating to more preliminary detail of stream
bed design. Staff reached out to representatives of the Kenai Foundation requesting support with
funds acquired through the Silver Salmon Derby.
The 35% Design Documents are now complete and have been delivered to US Fish & Wildlife as
well as the Salamatof Native Association. Staff is coordinating with both agencies, working toward
a larger grant to complete the overall design and construction. The project has progressed well,
with PND Engineers providing exceptional service and coordination on our behalf.
Photos below depict the existing drainage area and culverts as well as a site location map.
Council's continued support of the project is appreciated and requested.
FigureZ-1: Lett: Looking upstream at maim channel; Right: Loo k i ng down A rea rn
b 0.3 0.6mi
CEMETERY CRC EK CULVERT REPLACEMENT I
HYDROLOGIC & HYDRAULIC REPORT
Figure 1-1: Vicinity Map
Page 2 of 2
The City of Kenai I www.kenai.city
KENAI
CITY OF KENAI
ORDINANCE NO. 3398-2024
Sponsored by: City Clerk
AN ORDINANCE AMENDING KENAI MUNICIPAL CODE TITLE 6 - ELECTIONS, TO ENHANCE
CONSISTENCY, PROMOTE EFFICIENCIES AND MAKE HOUSEKEEPING CHANGES.
WHEREAS, Alaska Statutes provide for local governments to establish procedures governing local
elections; and,
WHEREAS, periodic reviews of the election code and updates when needed improves efficiency in the
election process; and,
WHEREAS, it is in the best interest of the voters, candidates and City to provide clear election procedures
within municipal code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Section 6.05.040 of Kenai Municipal Code: That Kenai Municipal Code,
Section 6.05.040 Votes Required for Election to Office, is hereby amended as follows:
6.05.040 Votes required for election to office.
(a) Each City office [SHALL] will be filled by the candidate receiving the greatest number of votes as
authorized by the City Charter, Section 10-4.
(b) Tie Votes. In case of a failure to elect because of a tie vote, [THE COUNCIL SHALL IMMEDIATELY
ORDER A RECOUNT OF BALLOTS PURSUANT TO] the clerk will notify the Council and the candidates
who are tied and proceed with the recount of votes pursuant to KMC 6.45.030. If there is still a
failure to elect because of a tie after completion of the recount, the election [SHALL] will be
determined fairly by lot from among the candidates tying, in a meeting of the Council and under
its direction, in accordance with the City Charter, Section 10-4.
Section 2. Amendment of Section 6.05.050 of Kenai Municipal Code: That Kenai Municipal Code,
Section 6.05.050 Preservation of Election Ballots, Papers and Materials, is hereby amended as follows:
6.05.050 Preservation of election ballots, papers, and materials.
[(A) THE CERTIFICATE OF RETURNS OF THE CANVASSING BOARD SHALL BE MAINTAINED PERMANENTLY, AND
DESCRIPTIONS OF ELECTION BOUNDARIES, PRECINCTS, AND POLLING PLACES SHALL BE MAINTAINED
UNTIL THEY ARE REVISED.
(B) FINANCIAL DISCLOSURE FORMS SHALL BE MAINTAINED FOR A PERIOD OF SIX (6) YEARS AND THEN MAY
BE DESTROYED.
(C) ELECTION REGISTERS, NOMINATING PETITIONS, DECLARATION OF CANDIDACY, AND REJECTED BALLOTS
SHALL BE RETAINED FOR ONE (1) YEAR AFTER THE CERTIFICATION OF THE ELECTION. THESE MATERIALS
MAY BE DESTROYED AFTER THEIR RETENTION PERIOD HAS LAPSED UNLESS THEIR DESTRUCTION IS
STAYED BY AN ORDER OF THE COURT.]
The City Clerk will preserve all precinct election certificates, tallies, registers, voted ballots and
sworn statements of candidacy not less than one year after certification of the election and in
accordance with the City of Kenai Records Management Schedule and Record Retention Policy as
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Ordinance No. 3398-2024
Page 2 of 10
adopted by the City Council pursuant to KMC 10.30.030. These materials may be destroyed after their
retention period has lapsed unless their destruction has been staved by an order of the court.
Section 3. Amendment of Section 6.15.010 of Kenai Municipal Code: That Kenai Municipal Code,
Section 6.15.010 Candidate Qualifications, paragraph (a) is hereby amended as follows:
A candidate for elective City office:
(a) [SHALL] Must be at least twenty-one (21) years of age and have the qualifications required in City
Charter, Section 2-1(b), as of the date of the [DECLARATION] sworn statement of candidacy;
Section 4. Amendment of Section 6.15.020 of Kenai Municipal Code: That Kenai Municipal Code,
Section 6.15.020 Nomination and Declaration of Candidacy, is hereby amended as follows:
6.15.020 Nomination Petition and [DECLARATION] Sworn Statement of Candidacy.
(a) Any qualified person may have their name placed on the ballot for the election as a candidate for
Council or Mayor by filing with the Clerk, between August 1st and August 15th, 4:30 p.m., a
nominating petition with sufficient signatures,. [AND] a sworn statement of [HIS OR HER] candidacy,
[ON A FORM OR FORMS PROVIDED BY THE CLERK, ACCOMPANIED BY THE] and a public financial
disclosure statement required by KMC 1.85.010(a). If August 15th is not a regular City workday,
then candidates [SHALL] will have until noon on the first workday following to file their candidacy
paperwork.
([B]b) The [A] nominating petition [SHALL] must be on a form provided by the clerk and must include:
(1) The full name of the candidate the petitioners are sponsoring; and
(2) The full residence address of the candidate; and
(3) The office for which the petitioners are nominating the candidate; and
(4) The length of the term of office for which the petitioners are nominating the candidate; and
(5) Certification that the petitioners' names appear on current voter registration rolls for the City
of Kenai, are qualified to vote for a candidate for elective municipal office and have not signed
[ANY OTHER] more nominating petition than there are vacancies to be filled for the particular
office the named candidate seeks.
(c) If a voter signs more nomination petitions than hereby authorized, the voters' signature will be
void except as to the authorized number of petitions first filed with the clerk.
([c]d) The sworn statement of candidacy must be on a form provided by the clerk and must [A SWORN
STATEMENT OF CANDIDACY AND CERTIFICATION OF QUALIFICATION SHALL] Include:
(1) The office for which the candidate accepts nomination; and
(2) A statement that the candidate agrees to serve, if elected; and
(3) A statement that the candidate is qualified for the office as provided by law; and
(4) The date and signature of the candidate; and
(5) Attestation and date by the Clerk; and
([D]e) A candidate [SHALL] must provide any other information the Clerk reasonably requires to
determine whether the candidate is qualified for the office as provided by law.
([E]f) Within three (3) days after the filing of the [DECLARATION] sworn statement of candidacy and
nominating petition, the Clerk [SHALL] will determine whether the nominating petition is signed by
the required number of registered voters, and so notify the candidate. If insufficient, the Clerk will
[SHALL RETURN THE PETITION IMMEDIATELY TO] notify the candidate with a statement as to why the
petition is insufficient. [WITHIN THE REGULAR TIME FOR FILING PETITIONS AND DECLARATIONS OF
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Ordinance No. 3398-2024
Page 3 of 10
CANDIDACY, A NEW PETITION AND DECLARATION OF CANDIDACY MAY BE FILED BY THE CANDIDATE.] The
[ABOVE] notice to the candidate [AND THE RETURN OF AN INSUFFICIENT PETITION] may be In person
or by mail and will include a copy of the insufficient petition.
Lq) A Candidate may correct an insufficient nomination petition by filing a new nomination petitions
within the regular time for filing nomination petitions and sworn statements of candidacy, with the
exception that a nomination petition that has an insufficient number of signatures may be
supplemented with additional signatures on a form provided by the Clerk, supplemental
signatures must be obtained and filed with the Clerk within the regular time for filing nomination
petitions and a sworn statement of candidacy.
([F]h) Any candidate for office may correct, amend or withdraw their candidacy at any time before the
expiration of the time when candidates may file statements of candidacy, by filing a written notice
of correction, amendment or withdrawal with the City Clerk. If a candidate desires to file for a
different seat, the candidate must file a new nomination petition and sworn statement of
candidacy.
Section 5. Amendment of Section 6.15.030 of Kenai Municipal Code: That Kenai Municipal Code,
Section 6.15.030 Review of Candidate Qualifications, paragraphs (c) and (f), is hereby amended as
follows:
(c) Any person may question the eligibility of a candidate who has filed a [DECLARATION] a sworn
statement of candidacy by filing a complaint with the Clerk. A complaint regarding the eligibility of
a candidate must be received by the Clerk not later than the close of business on the tenth
calendar day after the filing deadline for the office for which the candidate seeks election.
(f) Upon receipt of a complaint, the Clerk will review any evidence relevant to the issues identified in
the complaint which is in the custody of the municipal Clerk's office including evidence provided
with the complaint, the candidate's registration record, [DECLARATION] sworn statement of
candidacy, and, in the discretion of the Clerk, any other public record. Following review of all
relevant evidence in the case, and within twenty (20) days of receiving the complaint, the Clerk
will determine whether a preponderance of evidence supports or does not support the eligibility
of the candidate. The process for issuing a final determination will be as follows:
Section 6. Amendment of Section 6.15.050 of Kenai Municipal Code: That Kenai Municipal Code,
Section 6.15.050 Notice of Vacancy, is hereby amended as follows:
At least ten (10) days before nominations are open for each regular or special election, the Clerk
[SHALL] will publish at least twice in a newspaper of general circulation, a notice of offices to be filled at
the election and the procedure for filing a nomination petition and sworn statement of candidacy for the
offices.
Section 7. Enactment of Section 6.15.060 of Kenai Municipal Code: That Kenai Municipal Code,
Section 6.15.060 Write -In Candidates, is hereby enacted as follows:
6.15.060 Write -In Candidates
An individual who misses the nomination petition and sworn statement of candidacy filing period
may run as a write-in candidate. Votes for a write-in candidate for elective city office will not be
counted unless that candidate has filed with the Clerk, at least five -days prior to the election date a
nomination petition with sufficient signatures, a sworn statement of candidacy and a public financial
disclosure statement as required by KMC 1.85.010(a). In order to protect the integrity of the
process, the deadlines for filing for elected office and the printing requirements, a write-in
candidates name and statement will not be included in any published materials of the City or
published materials generated on behalf of the City.
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Ordinance No. 3398-2024
Page 4 of 10
Section 8. Amendment of Section 6.20.030 of Kenai Municipal Code: That Kenai Municipal Code,
Section 6.20.030 Ballot Form, paragraph (b), is hereby amended as follows:
(b) The title of the office to be filled [SHALL] will be followed by the printed names of the candidates for
such office, below which [SHALL] will be blank lines equal in number to the candidates to be elected
to such office, upon which the voter may write the names of persons not listed on the ballot. The
words "Vote for no more than " with the appropriate number replacing the blank, [SHALL]
will be placed before the list of candidates for each office. The names of the candidates [SHALL]
will be printed as they appear upon the [DECLARATION] sworn statement of candidacy filed with the
Clerk, except that any honorary or assumed title or prefix [SHALL] will be omitted. However, the
candidate's name appearing on the ballot may include a nickname or familiar form of a proper
name. The names of candidates [SHALL] will be set out in order as provided in subsection (a) of
this section.
Section 9. Repeal and Reenact Section 6.30.050 of Kenai Municipal Code: That Kenai Municipal
Code, Section 6.30.050 Absentee Voting - By Mail, is hereby repealed and reenacted as Section 6.30.050
Absentee Voting By -Mail or Electronic Transmission as follows:
[6.30.050 ABSENTEE VOTING - BY MAIL
(A) A QUALIFIED VOTER MAY APPLY FOR AN ABSENTEE BALLOT BY MAIL IF POSTMARKED NOT EARLIER THAN
THE FIRST OF THE YEAR IN WHICH THE ELECTION IS TO BE HELD NOR LESS THAN SEVEN (7) DAYS BEFORE
AN ELECTION. A VOTER MAY REQUEST THEIR NAME BE PLACED ON PERMANENT ABSENTEE BY MAIL
STATUS. THE APPLICATION SHALL INCLUDE THE ADDRESS TO WHICH THE ABSENTEE BALLOT IS TO BE
RETURNED, THE APPLICANT'S FULL ALASKA RESIDENCE ADDRESS, A VOTER IDENTIFIER SUCH AS A
VOTER NUMBER, SOCIAL SECURITY NUMBER OR DATE OF BIRTH, AND THE APPLICANT'S SIGNATURE.
(B) AFTER RECEIPT OF AN APPLICATION FOR AN ABSENTEE BALLOT BY MAIL, THE CLERK SHALL SEND THE
ABSENTEE BALLOT AND OTHER ABSENTEE VOTING MATERIAL TO THE APPLICANT BY FIRST CLASS MAIL.
THE MATERIALS SHALL BE SENT AS SOON AS THEY ARE READY FOR DISTRIBUTION. THE POSTAGE PAID
RETURN ENVELOPE SENT WITH THE MATERIALS SHALL BE ADDRESSED TO THE CLERK.
(C) UPON RECEIPT OF AN ABSENTEE BALLOT BY MAIL, THE VOTER MAY PROCEED TO MARK THE BALLOT IN
SECRET, TO PLACE THE BALLOT IN THE SMALL ENVELOPE, TO PLACE THE SMALL ENVELOPE IN THE
LARGER ENVELOPE, AND TO SIGN THE VOTER'S CERTIFICATE ON THE BACK OF THE LARGER ENVELOPE
IN THE PRESENCE OF AN OFFICIAL WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL DATE THEIR
SIGNATURE. OFFICIALS RECOGNIZED TO ATTEST TO THE VERACITY OF SIGNATURES LISTED IN THIS
SUBSECTION ARE: A NOTARY PUBLIC, A COMMISSIONED OFFICER OF THE ARMED FORCES, INCLUDING
THE NATIONAL GUARD, STATE COURT JUDGE, STATE COURT CLERK, UNITED STATES POSTAL OFFICIAL,
OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS. IF NONE OF THE OFFICIALS LISTED IN THIS
SUBSECTION ARE REASONABLY ACCESSIBLE, AN ABSENTEE VOTER SHALL HAVE THE BALLOT
WITNESSED BY ONE (1) UNITED STATES CITIZEN WHO IS EIGHTEEN (18) YEARS OF AGE OR OLDER. A
SELF -CERTIFICATION OF THE WITNESS'S QUALIFICATIONS MAY BE ACCEPTED.
(D) AN ABSENTEE BALLOT MUST BE MARKED AND ATTESTED ON OR BEFORE THE DATE OF THE ELECTION. IF
THE VOTER RETURNS THE BALLOT BY MAIL, THEY SHALL USE THE MOST EXPEDITIOUS MAIL SERVICE AND
MAIL THE BALLOT NOT LATER THAN THE DAY OF THE ELECTION TO THE CLERK. IT MUST BE POSTMARKED
ON OR BEFORE MIDNIGHT OF ELECTION DAY AND RECEIVED BY THE CLERK NO LATER THAN NOON ON
THE SEVENTH DAY FOLLOWING THE ELECTION. BALLOT ENVELOPES RECEIVED AFTER THAT TIME SHALL
NOT BE OPENED BUT SHALL BE MARKED "INVALID," WITH THE DATE OF RECEIPT NOTED THEREON, AND
SHALL BE PRESERVED WITH OTHER BALLOTS OF THE ELECTION.
(E) THE CLERK SHALL, AS SOON AS PRACTICABLE, MAKE A REASONABLE EFFORT TO CONTACT EACH
ABSENTEE BY MAIL VOTER, WHOSE ABSENTEE BALLOT WOULD BE REJECTED UNDER KMC 6.40.030,
EXPLAIN WHY THE BALLOT WOULD BE REJECTED, AND PROVIDE A REASONABLE OPPORTUNITY, UNTIL
5:00 P.M. ON THE SIXTH DAY AFTER ELECTION DAY, TO CURE THE BALLOT.
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Ordinance No. 3398-2024
Page 5 of 10
(F) THE CLERK MAY REQUIRE A VOTER CASTING AN ABSENTEE BALLOT BY MAIL TO PROVIDE PROOF OF
IDENTIFICATION OR OTHER INFORMATION TO AID IN THE ESTABLISHMENT OF THEIR IDENTITY.
(G) THE CLERK SHALL MAINTAIN A RECORD OF THE NAME OF EACH VOTER TO WHOM AN ABSENTEE BALLOT
IS SENT BY MAIL. THE RECORD MUST LIST THE DATE ON WHICH THE BALLOT IS MAILED AND THE DATE
ON WHICH THE BALLOT IS RECEIVED BY THE CLERK AND THE DATES ON WHICH THE BALLOT WAS
EXECUTED AND POSTMARKED.]
6.30.050 Absentee Voting BV-Mail or Electronic Transmission.
(a) Qualified voters of the city may apply for delivery of an absentee ballot. Application for delivery of
an absentee ballot may not be submitted earlier than the first of the year in which the election is to
be held, and
M Application requesting delivery by mail must be received not less than seven days before an
election; or
Application requesting delivery by electronic transmission must be received not later than 5:00
p.m. the day preceding the election.
Applications to receive an absentee ballot by -mail or by electronic transmission may be submitted
to the clerk in person, by mail, by facsimile or other electronic means as prescribed by the clerk.
Lc) A qualified voter may request that their name be placed on a permanent list to receive an absentee
ballot aDDlication annuallv.
Absentee ballot applications will be on a form provided by the clerk and will Include the following:
Applicants full name; and
Applicants full city residence address; and
By -Mail delivery requests will include the address the applicant desires the absentee ballot to
be mailed to; and
By -Electronic transmission requests include the facsimile number or email address to which
the ballot is to be sent to; and
A voter identifier such as a voter number, social security number or date of birth; and
The applicants signature.
(e) After receipt of an application for a by -request ballot, the clerk will as soon as the absentee voting
materials are ready for distribution send the absentee voting package:
By -mail absentee voting package will be sent to the applicant by first class mail and include a
ballot, a secrecy sleeve, a postage paid return absentee ballot affidavit envelope addressed
to the city clerk and instructions for returning an absentee by -mail affidavit envelope and ballot.
LQ By -Electronic transmission absentee voting package will be sent to the applicant by electronic
transmission and include a copy of the ballot in a form that is suitable for electronic
transmission, a voter affidavit form, a return facsimile number and instructions for returning
the voter affidavit form and electronic transmission ballot.
The clerk will maintain a record of absentee voters pursuant to KMC 6.30.110.
Lcjj Voters may proceed as follows upon receipt of the by -requested absentee ballot packet:
M Mark the ballot in secret; and
By -mail ballots. Fold the ballot in half and place it in the provided secrecy sleeve, then
placed the secrecy sleeve containing the voted ballot into the larger postage paid affidavit
envelope; or
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Ordinance No. 3398-2024
Page 6 of 10
ii By -electronic transmission ballots. Fold the ballot in half in a manner to preserve the
secrecy of the voted ballot; and
In the presence of an authorized individual as identified within this paragraph, sign and date
the voter certification/oath. Authorized officials include: notary public; commissioned officer of
the armed forces including the National Guard; district fudge or magistrate; United States
postal official or other person qualified to administer oath. If no authorized official is available,
the absentee voter will sign the voter certificate in the presence of an individual who is a United
States citizen and 18 years of age or older; and
Have the authorized official sign and date the witness affidavit portion of the affidavit envelope
or electronic transmission affidavit form; and
Complete the voter identification section of the return absentee affidavit envelope or electronic
transmission affidavit form.
Voted absentee by -request ballots will comply with subsection q of this section and will be returned
as follows:
M By -mail voted ballot must be marked and attested to on or before the date of the election. If
the ballot is returned by mail it must be postmarked on or before midnight of the election day
and received by the clerk no later than noon on the seventh day following the election. All
absentee by mail ballots will meet the requirements of KMC 6.30.100.
fQ By -electronic transmission ballot must be marked and attested to on or before the date of the
election; and
May not be returned by email; and
ii If returned by facsimile, must be received not later than 8:00 p.m. on the date of the
election; and
If returned by mail the voter will use a mail service at least equal to first class mail,
comply with subsection h. 1. of this section and meet the requirements of KMC
6.30.100: and
iv Include the following statement:
I understand that by using electronic transmission to return my marked ballot, I am
voluntarily waiving a portion of my right to a secret ballot to the extent necessary to
Process my ballot, but expect my vote will be held as confidential as possible.
The clerk may require a voter casting an absentee ballot by -mail or electronic transmission to
provide proof of identification or other information to aid in the establishment of their identity.
Section 10. Repeal of Section 6.30.060 of Kenai Municipal Code: That Kenai Municipal Code, Section
6.30.060 Absentee Voting - By Electronic Transmission, is hereby repealed as follows:
[6.30.060 ABSENTEE VOTING —BY ELECTRONIC TRANSMISSION.
(A) A QUALIFIED VOTER MAY APPLY FOR AN ABSENTEE BALLOT TO BE SENT BY ELECTRONIC TRANSMISSION.
SUCH REQUEST MUST BE MADE NOT LESS THAN THE DAY IMMEDIATELY PRECEDING THE ELECTION.
ABSENTEE BALLOTS WILL BE ELECTRONICALLY TRANSMITTED TO THE LOCATION DESIGNATED IN THE
APPLICATION. IF NO LOCATION IS DESIGNATED, AND IF THE REQUEST IS RECEIVED NO LATER THAN
SEVEN (7) DAYS PRIOR TO THE ELECTION, THE BALLOT WILL BE MAILED IN THE MANNER PROVIDED IN
KMC 6.30.050 FOR ABSENTEE BALLOTS BY MAIL. THE CLERK WILL PROVIDE REASONABLE CONDITIONS
FOR ELECTRONICALLY TRANSMITTING ABSENTEE BALLOTS.
(B) A BALLOT ELECTRONICALLY TRANSMITTED SHALL CONTAIN A COPY OF THE BALLOT TO BE USED AT THE
ELECTION IN A FORM SUITABLE FOR TRANSMISSION. A PHOTOCOPY OF THE COMPUTERIZED BALLOT
CARD TO BE USED BY PERSONS VOTING IN PERSON AT THE POLLING PLACE IS ACCEPTABLE.
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Ordinance No. 3398-2024
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(C) AN ABSENTEE BALLOT THAT IS COMPLETED AND RETURNED BY THE VOTER BY ELECTRONIC
TRANSMISSION MUST:
(1) CONTAIN THE FOLLOWING STATEMENT:
I UNDERSTAND THAT BY USING ELECTRONIC TRANSMISSION TO RETURN MY MARKED BALLOT, I AM
VOLUNTARILY WAIVING A PORTION OF MY RIGHT TO A SECRET BALLOT TO THE EXTENT NECESSARY
TO PROCESS MY BALLOT, BUT EXPECT THAT MY VOTE WILL BE HELD AS CONFIDENTIAL AS
POSSIBLE.
FOLLOWED BY THE VOTER'S SIGNATURE AND DATE OF SIGNATURE; AND
(2) BE ACCOMPANIED BY A STATEMENT EXECUTED UNDER OATH AS TO THE VOTER'S IDENTITY; THE
STATEMENT UNDER OATH MUST BE WITNESSED BY ONE (1) UNITED STATES CITIZEN WHO IS
EIGHTEEN (18) YEARS OF AGE OR OLDER. A SELF -CERTIFICATION OF THE WITNESS'S
QUALIFICATIONS MAY BE ACCEPTED.
(D) THE VOTER SHALL MARK THE BALLOT ON OR BEFORE THE DATE OF THE ELECTION AND MAY USE A MAIL
SERVICE AT LEAST EQUAL TO FIRST CLASS AND MAIL THE BALLOT NOT LATER THAN THE DAY OF THE
ELECTION TO THE CLERK. THE BALLOT MAY NOT BE COUNTED UNLESS IT IS RECEIVED BY NOON ON THE
SEVENTH DAY AFTER THE ELECTION.
(E) A VOTER WHO RETURNS THE ABSENTEE BALLOT BY ELECTRONIC TRANSMISSION MUST COMPLY WITH
THE SAME DEADLINES AS FOR VOTING IN PERSON ON OR BEFORE THE CLOSING OF THE POLLS.
(F) WHEN A COMPLETED ABSENTEE BALLOT IS RECEIVED BY ELECTRONIC TRANSMISSION, THE CLERK WILL
NOTE THE DATE OF RECEIPT ON THE ABSENTEE BALLOT APPLICATION LOG AND, IF THE BALLOT IS
RECEIVED ON ELECTION DAY, THE TIME OF RECEIPT. THE CLERK WILL THEN:
(1) REMOVE THE BALLOT PORTION OF THE TRANSMISSION FROM THE PORTION THAT IDENTIFIES THE
VOTER;
(2) PLACE THE BALLOT PORTION IN A SECRECY SLEEVE;
(3) SEAL THE SECRECY SLEEVE IN AN OUTER ENVELOPE OF THE TYPE USED FOR ABSENTEE BALLOTS
RETURNED BY MAIL, AND SEAL THAT ENVELOPE;
(4) ATTACH THE VOTER IDENTIFICATION PORTION TO THE OUTER ENVELOPE; AND
(5) FORWARD THE OUTER SEALED ENVELOPE TO THE CANVASSING BOARD FOR REVIEW.
(G) THE CLERK SHALL, AS SOON AS PRACTICABLE, MAKE A REASONABLE EFFORT TO CONTACT EACH
ABSENTEE BY ELECTRONIC TRANSMISSION VOTER, WHOSE ABSENTEE BALLOT WOULD BE REJECTED
UNDER KMC 6.40.030, EXPLAIN WHY THE BALLOT WOULD BE REJECTED, AND PROVIDE A REASONABLE
OPPORTUNITY, UNTIL 5:00 P.M. ON THE SIXTH DAY AFTER ELECTION DAY, TO CURE THE BALLOT.
(H) AN ELECTRONICALLY TRANSMITTED BALLOT SHALL BE COUNTED IN THE SAME MANNER AS OTHER
ABSENTEE BALLOTS, EVEN THOUGH THIS PROCEDURE MAY REVEAL TO ONE (1) OR MORE ELECTION
OFFICIALS THE MANNER IN WHICH A PARTICULAR ABSENTEE VOTER CAST HIS OR HER BALLOT.
HOWEVER, IT SHALL BE UNLAWFUL TO DISPLAY A TELEFAX BALLOT IN A MANNER REVEALING THE WAY
IN WHICH A PARTICULAR VOTER CAST HIS OR HER BALLOT TO ANY PERSON OTHER THAN THE CLERK, A
MEMBER OF THE CLERK'S STAFF, AN ELECTION OFFICIAL IN THE COURSE OF HIS OR HER DUTIES, OR AN
ATTORNEY ADVISING THE CLERK ON LEGAL QUESTIONS CONCERNING THE BALLOT.]
Section 11. Enactment of Section 6.30.055 of Kenai Municipal Code: That Kenai Municipal Code,
Section 6.30.055 Review of Returned By -Mail or Electronic Transmission Affidavits, is hereby enacted
as follows:
6.30.055 Review of Returned By -Mail or Electronic Transmission Affidavits.
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Ordinance No. 3398-2024
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(a) Upon the return of a voted by -request ballot, the clerk or designee will record receipt of such ballot
in accordance with KMC 6.30.110. When a ballot is returned by electronic transmission on election
day the clerk will also record the time of receipt.
Electronically transmitted ballots will be counted in the same manner as other absentee ballots,
even though the receiving process established within this section may reveal to one or more
election officials the manner in which a particular absentee voter cast their ballot. It will be unlawful
to display an electronically transmitted ballot in a manner revealing the way in which a particular
voter cast their ballot to any person other than the clerk, member of the clerk's staff, an election
official in the course of their duties or an attorney advising the clerk on legal questions concerning
the ballot.
(1) When a ballot is returned by electronic transmission, the city clerk will:
Fold and place the electronic transmitted ballot in a secrecy sleeve; and
ii Seal the secrecy sleeve containing the voted ballot in an outer envelope, then seal the
outer envelope; and
J[[q Attach the voter affidavit form and identification portion of the transmission to the outside
of the sealed envelope; and
(c) Returned voted by -request absentee ballots, regardless of the method in which they were returned
will be stored in a secure location until delivered to the canvass board.
If a returned ballot affidavit envelope or an electronically transmitted affidavit form is received by
the office of the clerk on or before the closing of the polls on election day, the clerk or designee
will review the affidavit for completeness. If the affidavit is incomplete causing the ballot to be
rejected pursuant to KMC 6.40.030, the city clerk or designee will within 24 hours of receipt of the
voted ballot affidavit, notify the voter of the deficiency.
(e) Incomplete affidavits may be corrected by the voter, in person at the office of the city clerk during
regular business hours. In person corrections must be made by the voter no later than 5:00 p.m.
on the sixth day following the election. Should the sixth day following the election be a Saturday,
Sundav or recoanized citv holiday. the voter will have until 10:00 a.m. on the followina business.
M If the voter is unable to correct the deficiency in person, the voter may:
Request delivery of a replacement by -mail absentee ballot package, provided that the
reauest must be received not less than seven days before an election: or
ii Request delivery of a replacement by -electronic transmission ballot package, provided
that the request must be received no later than 5:00 p.m. the day preceding the election;
and
iii All voted replacement ballot package will meet the requirements of KMC 6.30.050 and
KMC 6.30.100.
Voted absentee by -mail or electronic transmission ballots received after the deadlines as
established in the subsections of KMC 6.30.050(h) will be marked "invalid", remain un-opened with
the date of receipt on the envelope and be preserved in accordance with the records retention
schedule as adopted by the City Council.
Section 12. Amendment of Section 6.40.010 of Kenai Municipal Code: That Kenai Municipal Code,
Section 6.40.010 Canvassing Board, paragraph (a)(2), is hereby amended as follows:
(2) The Canvassing Board shall consist of the City Clerk and up to [five (5)] six additional judges
selected from among the qualified voters of the City. In the event any such appointed member of
the Board is absent from the City, ill, or otherwise unable to attend at the time set for canvassing
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3398-2024
Page 9 of 10
the ballot, the City Clerk is hereby authorized to appoint another election judge from the same
precinct to substitute for the appointed member.
Section 13. Amendment of Section 6.40.020 of Kenai Municipal Code: That Kenai Municipal Code,
Section 6.40.020 Canvass Returns, paragraph (a) is hereby amended as follows:
(a) The Canvassing Board [SHALL] will meet on the [TUESDAY] seventh day following each election.
The election Canvassing Board shall meet in public session and canvass all election returns. In
full view of those present, the election Canvassing Board shall judge the applicability of by mail
and absentee ballots, shall open and tally those accepted, and shall compile the total votes cast
in the election. The canvass of the ballot vote counted by the precinct election boards shall be
accomplished by reviewing the tallies of the recorded vote to check for mathematical error by
comparing totals with the precinct's certificate of results. All obvious errors found by the election
canvass in the transfer of totals from the precinct tally sheets to the precinct certificate of results
shall be corrected by the Canvassing Board. A mistake which has been made in precinct returns
that is not clearly an error in the transfer of the results from the tallies to the certificate of results
empowers the Canvassing Board to recommend a recount of the results of the precinct or
precincts for that portion of the returns in question. Upon completion of the canvass, the
Canvassing Board shall prepare a final certificate of the results of votes cast by absentee ballot
and of votes cast by mail ballot, and shall prepare a written report of the results.
Section 14. Amendment of Section 6.45.020 of Kenai Municipal Code: That Kenai Municipal Code,
Section 6.45.020 Date of Recount - Notice, is hereby amended as follows:
6.45.020 Date of Recount - Notice.
(a) If the Clerk determines that the application is substantially in the required form, the Clerk [SHALL]
will fix the date of the recount to be held within [FORTY-EIGHT (48) HOURS] three -days, excluding
any Saturday, Sunday, or holiday, after the receipt of an application requesting a recount of the
votes in a City election after it has been initiated under KMC 6.45.010.
(b) The Clerk shall give the recount applicant and other directly interested parties notice of the time
and place of the recount by telephone or electronic transmission.
Section 15. 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 16. 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 FEBRUARY,
2024.
Brian Gabriel Sr., Mayor
ATTEST:
Michelle M. Saner, MMC, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3398-2024
Page 10 of 10
Introduced:
Enacted:
Effective:
February 7, 2024
February 21, 2024
March 22, 2024
New Text Underlined; [DELETED TEXT BRACKETED]
• Page 63
K E N A I
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Shellie Saner, City clerk
DATE: January 25, 2024
SUBJECT: Amendments to Kenai Municipal Code Title 6 - Elections
The amendments to the KMC Title 6 - Elections as proposed in the attached ordinance include some
minor housekeeping amendments and codification of certain election current election procedures. The
following identifies the proposed amendments by ordinance section:
Section 1. Addresses the initiation of a recount in the case of a tie. Current code requires the Council
to order a recount in the case of a tie, the proposed amendment would direct the clerk to notify the
tied candidates and Council, and proceed with the recount in accordance with KMC 6.45.030 - Date
of Recount Notice. (Note: Section 14 of the Ordinance proposes an amendment to the number of days
in which the recount must be held.)
The proposed change will expedite the initiation of a recount by eliminating the need to call and notice
a special meeting of the council as well as allowing the recount to be scheduled and conducted before
the next regular Council Meeting, allowing certification of the election to be on schedule.
Section 2. Removes retention requirements for election materials from KMC and instead refers to the
City of Kenai Records Retention Policy.
The records retention policy in accordance with KMC 10.30-Records Retention is adopted by the
Council and any changes to the retention of election materials would be brought to the Council as an
amendment to the policy. The amendment as proposed in the ordinance would prevent any potential
conflicts if the retention were to be changed in one location and not the other.
Section 3. Housekeeping, Kenai Municipal Charter references a sworn statement of candidacy, there
are several sections within the ordinance that propose changing "declaration of candidacy" to "sworn
statement of candidacy". This will provide continuity throughout the election charter and code.
Section 4. Includes some housekeeping; provides clarification for the number of nominations petitions
a voter may sign and if a voter signs more than allowed, which signature would be counted; establishes
additional standards for insufficient nomination petitions; and adds standards for correction and
amendments to sworn statements of candidacy to the existing withdrawal section. The following
identifies specific amendments within the section.
• Paragraph (a). Mostly housekeeping amendments. The language "on a form or forms provided
by the clerk" was relocated to the beginning of the subsections specifically related to the
nomination petition form and the sworn statement of candidacy form.
• Paragraph (b), subparagraph (5). Increases the number of nomination -petitions a voter can sign
to equal the number of vacancies to be filled. City Council seats are at large and during regular
election a voter may vote for no more than two candidates; however, current code prohibits a
voter from signing more than one nomination petitions, the proposed amendment will permit a
voter to sign as many petitions as there are vacancies to be filled.
• Paragraph (c). This is a new paragraph and provides clear direction on which signatures would
count if a voter signed more petitions than vacancies. As written it establishes that the signatures
on the nomination petitions first filed would be the signatures used. This provision prevents the
possibility of a candidate who had already been certified, having that certification revoked at a
later date due to a voter signing more petitions than permitted.
• Paragraph (d). Clarifies that the sworn statement of candidacy is on a form provided by the clerk.
• Paragraph (e). Housekeeping amendments.
• Paragraph (f). New language in this subsection clarifies that the candidate will be provided a
copy of the insufficient nomination petition which allows the clerk to retain the original for records
retention purposes. The language being removed related to filing a new petition was included in
the new subparagraph (g).
• Paragraph (g). Continued with the intent of the language that was removed from paragraph (f);
however, added new language that if the nomination petition was insufficient due to signatures,
the candidate could gather supplemental signatures instead of circulating a new petition.
• Paragraph (h). Expanded the rules for withdrawals of sworn statements candidacy to include
corrections or amendments of sworn statements of candidacy. Also establishes that if a
candidate desires to file for a different seat, they would be required to file a new nomination
petition and sworn statement of candidacy.
Section 5 & 6. Housekeeping amendments.
Section 7. Establishes a new section of code for write in candidates. Kenai Municipal Charter 10-04
allows that a voter may write in a person whose name does not appear on the ballot and KMC 6.35
establishes rules for counting write -in -votes; however, there is no established code for write-in
candidates.
At the State level, thirty-three states including Alaska only accept votes for write-in candidates who
officially register as a candidate, eight states have no regulations regarding write-in candidates, and
nine states do not accept write-in candidates at all. Alaska Statutes (AS) 15.25.105 applicable only in
state elections, in part provides that votes for a write-in candidate may not be counted unless that
candidate has filed a letter of intent with the director, not less than five days before the election.
The Kenai Peninsula Borough, City of Seward and City of Soldotna require write in candidates to file
prior to the election and of the eleven Home Rule City's in the State of Alaska seven have filing
requirements for write-in candidates.
Including provisions for write-in candidates in KMC will ensure that write in candidates meet the same
standards and requirements as the candidates who filed during the open filing period.
Section 8. Housekeeping amendment.
Section 9. Repeals KMC 6.30.050 Absentee Voting - By Mail and reenacts KMC 6.30.050 Absentee
Voting By -Mail or Electronic Transmission. Attachment B shows the repealed section of code with
comments on where and how those sections were incorporated into the reenacted code.
This proposed amendment will combine the current KMC 6.30.050 Absentee Voting - By -Mail and
KMC 6.30.060 Absentee Voting - By -Electronic Transmission into one section of code.
The overall procedures for managing requests for delivery of absentee voting packages should be
consistent regardless of the method in which the voting materials are delivered and the method in
which the voter chooses to return the voted materials. The proposed new section of code provides a
consistent process for both the by -mail and by -electronic transmission absentee voting as well as
providing clear regulations regarding the methods of delivery and return available. The following
identifies more substantive changes proposed in the new section of code:
• Paragraph (c). Codifies the current practice, clarifying that if a voter wishes to receive an
absentee ballot package permanently, that voter will be required to complete an absentee
ballot application on an annual basis.
• Paragraph (d). Established the required form of an absentee ballot application
Page 2 of 3
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The City of Kenai I www.kenai.city
• Paragraph (h)(2)(i). Establishes the electronic voted materials may not be returned by email.
This is the current practice in place to protect not only the voter's identifiers that are required
on the affidavit, but also how the voter voted.
Section 10. Repeals KMC 6.30.060 Absentee Voting - By Electronic Transmission. Attachment C
shows the repealed section KMC 6.30.060 with comments on where and how those sections were
incorporated into the reenacted KMC 6.30.050 Absentee Voting By -Mail or Electronic Transmission.
Section 11. Establishes a new section of code KMC 6.30.055 Review of Returned Absentee By -Mail
or Electronic Transmission Affidavits. This new section will codify the process in which returned
absentee by -mail or electronic transmission voted ballots are processed when received and ensures
consistency and security, it also incorporates and substantially expands portions of the repealed KMC
6.30.050 & 6.30.060 regarding procedures for an absentee voter to correct incomplete affidavits.
Section 12. Increases the number of canvass board members from five to six. Canvass board
members work in teams of two, this process is done to ensure that all voted ballot materials remain in
dual custody and accountability reporting is confirmed by the two members who canvassed a specific
voting location, no canvass board member may canvass their own work. During canvassing the clerk
is frequently requested to provide direction to different canvassing teams, causing interruption to the
team in which the clerk is participating in. An additional member will allow the clerk to oversee each
team during the canvassing of an election.
Section 13. Amends the date in which the canvass board meets after an election from Tuesday to the
seventh day. This amendment does not change the actual number of days after an election that the
canvass board meets, it addresses the potential of an election being conducted on a day other than a
Tuesday.
Section 14. Changes the number of days in which the clerk has to conduct a recount from two (48-
hours) to three days.
Alaska Statutes (AS 15.20.460) and Kenai Peninsula Borough (KPB 4.100.030) provides for the date
of the recount to be held within three days. Allowing one additional day before the recount will be held
provides consistency in the process with others and allows the clerk additional time to recruit a recount
board and make other necessary preparations for a recount.
Attachment A - Council Adopted Retention Policy for Elections
Attachment B - Repealed KMC 6.30.050 Absentee Voting - By Mail
Attachment C - Repealed KMC 6.30.060 Absentee Voting - By Electronic Transmission
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The City of Kenai I www.kenai.city
RECORD
SUBJECTS
DESCRIPTION
DATA
RETENTION
CITATION
COMMENTS/NOTES
SERIES
OWNER
CLK1000
Councils, Boards, or
Including, but not limited to:
City Clerk
Act + 6 years
LGM #300.1
Master list of appointments is
Commissions -
0 Appointments, and
2.6
kept permanently, see CLK1100
Appointments to Boards
0 Resignations
and Commissions
CLK1100
Councils, Boards, or
Including, but not limited to:
City Clerk
Permanent
LGM #300.1
Commissions -
0 Minutes, ordinances, and resolutions,
2.4, 2.5, 2.6
Minutes, Ordinances and
0 Charter, code supplements,
Resolutions;
ordinance and resolution indexes,
AS 29.20.380
• Master list of names, terms, and
Master List of Board,
dates of service,
Commission, Commission,
0 Oaths of office,
and Committee Members;
0 Proclamations, and
Any other records that constitute
Oaths of Office
official accounts of the proceedings
and actions of the body.
CLK1200
Councils, Boards, or
Including, but not limited to:
City Clerk
C + 10 years
LGM #300.1
C = Until minutes have been
Commissions -
0 Audio/Visual Recordings,
2.1.2
approved.
Supporting Documentation
0 Correspondence,
• Meeting information/packets, and
*Meeting packets are
• Public notices.
maintained electronically for the
life of the electronic file.
CLK2000
Elections - Permanent
Including, but not limited to:
City Clerk
Permanent
KMC 6.05.280
• Canvass board reports,
• Council certificate of election,
LGM #300.1
• Preclearance records.
8.3, 8.6
CLK2100
Elections — General
Including, but not limited to:
City Clerk
Act + 6 years
AS 15.15.470
• Candidate lists,
AS 29.26
• Financial Disclosure Statements,
AS 15.25.230
• Correspondence,
• Election officials' records,
KMC 6.05.280
• Initiative, referendum, and recall
records filed by private citizens or
LGM #300.1
groups requesting governing body
2.3, 8.4, 8.7,
action,
8.11, 8.13
• Materials for absentee, early,
questioned voter, or special needs
voting, and,
• Posting notices/materials.
CLK2200
Elections —
Includes:
City Clerk
C + 4 years
KMC 6.05.280
C = Until election is certified
Registers & Tally Books
Precinct, final voting, questioned
voter, special needs voting, and
Retain longer if election is
absentee voter.
contested per AS 15.15.470
• S ecial needs voting applications
D
3
3
(o
Z,
RECORD
SUBJECTS
DESCRIPTION
DATA RETENTION
CITATION
COMMENTS/NOTES
SERIES
OWNER
CLK2300
Elections —
Declarations of Candidacy and Nomination
City Clerk
C + 3 years
KMC 6.05.280
C = Until term expires
Declarations of
petitions
KMC 6.10.040
Candidacy/Nomination
Petitions
CLK2400
Elections —
Includes:
City Clerk
C + 1 year
KMC 6.05.280
C = Until election is certified.
Recount Petitions &
0 Candidate requests for recount of
Election Contests
individual machine or paper ballot
LGM #300.1
tallies; includes candidates' reason for
8.5
request
• Contested election and runoff data
CLK2500
Elections —
Including, but not limited to:
City Clerk
30 days after
LGM #300.1
Ballots
0 Ballot stubs,
election is
8.1
• Ballot transport envelopes,
certified
• Counted questioned, early, and
absentee by mail ballots,
• Destroyed and unused ballots and
• Official election ballots.
CLK2600
Elections — Rejected
Includes ballots rejected for counting by the
City Clerk
C + 1 year
KMC 6.05.280
C = Until election is certified.
Ballots
canvass board.
CLK3000
Annexation/Consolidation
Petition and supporting files
City Clerk
Permanent
LGM #300.1
5 year retention if fail;
2.9
permanent if passed
CLK4000
Records Management —
Adopted retention schedules and destruction
City Clerk
Permanent
LGM #300.1
Permanent
documentation
1.1, 1.16
CLK4100
Records Management —
Completed inventories, record storage forms,
City Clerk
Act + 6 years
LGM #300.1
General
and training materials
1.32
CLK4200
Public Records Requests
Public records request forms and related
City Clerk
1 year
LGM #300.1
material produced with response
1.14
CLK5000
Cemetery/Memorial Park
Includes:
City Clerk
Permanent
LGM #300.1
Records
• Diagrams,
2.12
• Maps and indices of burial plots,
• Record of plot sales, and
• Burial permits.
CLK6000
Licenses and Permits
Including but not limited to:
C + 3 years
LGM #300.1
C = Until license or permit
- Business License
0 Applications,
14.1
expires.
• Correspondence,
• Supporting documentation,
• Alcohol Beverage Control Board
Applications, and
• Marijuana Control Board Applications.
D
KMC 6.30.050, Absentee voting —By mail
Attachment B
The following information is the current section of KMC 6.30.050-Absentee Voting - By Mail which is
proposed to be repealed in the attached ordinance. The notes to the right indicate where or how these
sections were or were not incorporated into the proposed reenactment of KMC 6.30.050 Absentee Voting
By -Mail or Electronic Transmission. (shown in Section 9 of the ordinance)
6.30.050 Absentee voting —By mail.
(a) A qualified) voter may apply for an absentee ballot by mail if postmarked not earlier than the first
of the year in which the election is to be held nor less than seven (7) days before an election. A voter
may request their name be placed on permanent absentee by mail status. The application shall
include the address to which the absentee ballot is to be returned, the applicant's full Alaska
residence address, a voter identifier such as a voter number, social security number or date of birth,
and the applicant's signature.
(b) After receipt) of an application for an absentee ballot by mail, the Clerk shall send the absentee
ballot and other absentee voting material to the applicant by first class mail. The materials shall be
sent as soon as they are ready for distribution. The postage paid return envelope sent with the
materials shall be addressed to the Clerk.
(c) I Upon receipt of an absentee ballot by mail, the voter may proceed to mark the ballot in secret,
to place the ballot in the small envelope, to place the small envelope in the larger envelope, and to
sign the voter's certificate on the back of the larger envelope in the presence of an official who shall
sign as attesting official and shall date their signature. Officials recognized to attest to the veracity of
signatures listed in this subsection are: a notary public, a commissioned officer of the armed forces,
including the National Guard, State court judge, State court clerk, United States postal official, or
other person qualified to administer oaths. If none of the officials listed in this subsection are
reasonably accessible, an absentee voter shall have the ballot witnessed by one (1) United States
citizen who is eighteen (18) years of age or older. A self -certification of the witness's qualifications
may be accepted.
Commented [SS1]: First sentence is included in as two
paragraphs:(a)(1)
Second sentence was substantially modified as paragraph
(c). There is no permanent absentee mail status. A voter
may request an application be sent each year. The new
paragraph reflects the actual practice.
Third sentence was included in paragraphs (d) 1-6.
Commented [SS2]: This was included and expanded as
two paragraphs: (e)(1)
Commented [SS3]: This was included and expanded in
paragraphs: (g)(1)(8) and (g)(2)(3)(4)
(d) An absentee (ballot must be marked and attested on or before the date of the election. If the Commented [SS4]: This was included and modified as
voter returns the ballot by mail, they shall use the most expeditious mail service and mail the ballot paragraphs: (h)(1)
not later than the day of the election to the Clerk. It must be postmarked on or before midnight of
election day and received by the Clerk no later than noon on the seventh day following the election.
Ballot envelopes received after that time shall not be opened but shall be marked "invalid," with the
date of receipt noted thereon, and shall be preserved with other ballots of the election.
(e) The Clerk shall, as soon as practicable, make a reasonable effort to contact each absentee by Commented [SSS]: This was moved to another section
mail voter, whose absentee ballot would be rejected under KMC 6.40.030, explain why the ballot and modified. The new section is 6.30.055 Review of
would be rejected, and provide a reasonable opportunity, until 5:00 p.m. on the sixth day after Returned By -Mail or Electronic Transmission Affidavits.
election day, to cure the ballot.
(f) The Clerk may require a voter casting an absentee ballot by mail to provide proof of identification Commented [S56]: This was included as paragraph (i)
or other information to aid in the establishment of their identity.
KMC 6.30.050, Absentee voting —By mail
4
by
Is
Attachment B
The Clerb shall maintain a record of the name of each voter to whom an absentee ballot is sent
mail. The record must list the date on which the ballot is mailed and the date on which the ballot
received by the Clerk and the dates on which the ballot was executed and postmarked.
Commented [557]: Included, substantially modified. KMC
6.30.110 requires a log of absentee voters. Instead of
repeating the requirements reference to KMC 6.30.110 was
included as paragraph (f)
KMC 6.30.060, Absentee voting —By electronic transmission
Attachment C
The following information is the current section of KMC 6.30.060 Absentee Voting - By Electronic
Transmission which is proposed to be repealed in its entirety. The notes to the right indicate where or
how these sections were or were not incorporated into the new proposed reenacted section KMC
6.30.050 Absentee Voting By -Mail or Electronic Transmission. (shown in Section 9 of the ordinance)
6.30.060 Absentee voting —By electronic transmission.
(a) A qualified voter may apply for an absentee ballot to be sent by electronic transmission. Such
request must be made not less than the day immediately preceding the election. Absentee ballots
will be electronically transmitted to the location designated in the application. If no location is
designated, and if the request is received no later than seven (7) days prior to the election, the ballot
will be mailed in the manner provided in KMC 6.30.050 for absentee ballots by mail. The Clerk will
provide reasonable conditions for electronically transmitting absentee ballots.
(b) A ballot electronically transmitted shall contain a copy of the ballot to be used at the election in
a form suitable for transmission. A photocopy of the computerized ballot card to be used by persons
voting in person at the polling place is acceptable.
Commented [SS1]: First and Second sentence were
included in paragraphs (a)(2)
Third sentence was omitted. New paragraph (d)(4) is the
replacement for it and does not provide for mailing an
absentee voting packet if an electronic address was not
included.
Fourth sentence was omitted. New paragraph (e)(2)
provides direction on how the voting package is sent.
Commented [SS2]: This was included and substantially
expanded as paragraph(e)(2)
(c) An absentee ballot that is completed and returned by the voter by electronic transmission must: Commented [SS3]: This with the subparagraphs were
included as paragraph (h)(2)(iv)
(1) Contain the following statement:
I understand that by using electronic transmission to return my marked ballot, I am
voluntarily waiving a portion of my right to a secret ballot to the extent necessary to
process my ballot, but expect that my vote will be held as confidential as possible.
followed by the voter's signature and date of signature; and
(2) Be accompanied by a statement executed under oath as to the voter's identity; the Commented [SS4]: This was omitted. The new paragraph
statement under oath must be witnessed by one (1) United States citizen who is eighteen (18) that has a similar intent is (g)(2)(3)
years of age or older. A self -certification of the witness's qualifications may be accepted.
(d) The voter{ shall mark the ballot on or before the date of the election and may use a mail service Commented [SS5]: This was included and modified as
at least equal to first class and mail the ballot not later than the day of the election to the Clerk. The f paragraph (h)(2)(iii)
ballot may not be counted unless it is received by noon on the seventh day after the election.
(e) I A voter who returns the absentee ballot by electronic transmission must comply with the same Commented [SS6]: This was included and modified as
deadlines as for voting in person on or before the closing of the polls. paragraph (h)(2)(ii)
KMC 6.30.060, Absentee voting —By electronic transmission
Attachment C
(f) When a completed absentee ballot is received by electronic transmission, the Clerk will note the Commented [557]: This was relocated and modified to
date of receipt on the absentee ballot application log and, if the ballot is received on election day, the the new section 6.30.055 Review of Returned By -Mail or
time of receipt. The Clerk will then: Electronic Transmission Affidavits, as paragraphs (b)(1)
(1) Remove the ballot portion of the transmission from the portion that identifies the voter;
(2) Place the ballot portion in a secrecy sleeve;
(3) Seal the secrecy sleeve in an outer envelope of the type used for absentee ballots returned
by mail, and seal that envelope;
(4) Attach the voter identification portion to the outer envelope; and
(5) Forward the outer sealed envelope to the Canvassing Board for review.
(g) The Clerk shall, as soon as practicable, make a reasonable effort to contact each absentee by Commented [sss]: This was relocated to the new
electronic transmission voter, whose absentee ballot would be rejected under KMC 6.40.030, explain 6.30.055 as modified paragraph (e) to include the
why the ballot would be rejected, and provide a reasonable opportunity, until 5:00 p.m. on the sixth subparagraphs.
day after election day, to cure the ballot.
(h) I An electronically transmitted ballot shall be counted in the same manner as other absentee Commented [559]: This was relocated to the new
ballots, even though this procedure may reveal to one (1) or more election officials the manner in 6.30.055 as paragraph (b)
which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display a
telefax ballot in a manner revealing the way in which a particular voter cast his or her ballot to any
person other than the Clerk, a member of the Clerk's staff, an election official in the course of his or
her duties, or an attorney advising the Clerk on legal questions concerning the ballot.
KENAI
CITY OF KENAI
ORDINANCE NO. 3399-2024
Sponsored by: Administration
AN ORDINANCE AWARDING A SERVICE CONTRACT FOR AIRPORT SECURITY GUARD
SERVICES AT THE KENAI MUNICIPAL AIRPORT AND INCREASING ESTIMATED REVENUES AND
APPROPRIATIONS IN THE AIRPORT FUND FOR COSTS IN EXCESS OF BUDGETED AMOUNTS.
WHEREAS, the City contracts for security guard services at the Kenai Municipal Airport; and,
WHEREAS, on December 30, 2023, the City solicited proposals for Airport Security Guard Services for
a contract term beginning February 28, 2024; and,
WHEREAS, three responsive proposals were received on February 1, 2024, and evaluated based on
responsiveness, experience, capability, references, and price per hour; and,
WHEREAS, the summary of proposal points received from the four evaluators are as follows:
Guardian Security Systems, Inc.
328
Security Services Northwest, Inc.
244
ACE Consulting Company, LLC
258
; and,
WHEREAS, Guardian Security Systems, Inc. is the successful Proposer receiving the highest points
overall; and,
WHEREAS, the City Administration has determined that award to Guardian Security Systems is in the
best interest of the City; and,
WHEREAS, additional funds in the amount of $8,000 will be needed to carry through the remainder of
the fiscal year; and,
WHEREAS, the need for additional funds stem primarily from an increase in the security contract from
$32.91 per hour to $46.00 per hour; and,
WHEREAS, the additional funds will allow security services to continue uninterrupted through June 30,
2024.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the City Manager is authorized to execute an agreement with Guardian Security
Systems, Inc. for Security Guard Services at the Kenai Municipal Airport in the amount of $84,200 for the
period of February 29, 2024 and ending February 28, 2025.
Section 2. That the estimated revenues and appropriations be increased as follows:
Airport Fund:
Increase Estimated Revenues —
Appropriation of Fund Balance $8. 000
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3399-2024 Page 73
Page 2 of 2
Increase Appropriations —
Airport Terminal
Repair and Maintenance Services $8.000
Section 3. That the City Manager is authorized to execute a change order and increase purchase
order #126942 to Guardian Security Systems Inc. by $8,000 for a revised total purchase order of $69,000.
Section 4. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 21ST DAY OF FEBRUARY,
2024.
ATTEST:
Michelle M. Saner, MMC, City Clerk
Approved by Finance: J&
Brian Gabriel Sr., Mayor
Introduced
Enacted:
Effective:
February 21, 2024
February 21, 2024
February 21, 2024
New Text Underlined; [DELETED TEXT BRACKETED]
L
I000,
City of Kenai
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Derek Ables, Airport Manager
DATE: February 9, 2024
SUBJECT: Ordinance 3399-2024 - Increasing Estimated Revenues and
Appropriations in the Airport Fund and Awarding a Service Contract
for Security Guard Services at the Kenai Municipal Airport.
This memo requests Council's approval to award a contract for security guard services to
Guardian Security Systems Inc. for $84,200, at the Kenai Municipal Airport. The City also has a
current contract with Guardian Security Systems Inc. currently that expires on February 28, 2024.
After a new solicitation Guardian Security Systems, Inc. emerged as the successful proposer,
receiving the highest overall points for the Airport Security Guard Services Contract. Evaluation
criteria encompassed responsiveness, experience, capability, references, and pricing per hour.
Guardian Security Systems, Inc. scored 328 points, followed by ACE Consulting Company, LLC
at 258, and Security Services Northwest, Inc. at 244 points.
The Airport Administration conducted a thorough assessment and determined that awarding the
contract to Guardian Security Systems, Inc. is in the best interest of the City. This contract will
create an increase in expenses. The rate per hour will increase from $32.91 per hour to $46.00
per hour.
The Department is also requesting an additional $8,000 through this ordinance to allow security
services to continue uninterrupted through June 30th, 2024 due to the increase in costs.
Awarding the contract and providing the requested funds now is in the best interest of the City.
Council's approval is respectfully requested.
Attachments- Agreement, Exhibit A
AGREEMENT FOR AIRPORT SECURITY GUARD SERVICES
THIS AGREEMENT is made this _ day of 2024, by and between the CITY
OF KENAI (Owner or City), 210 Fidalgo Avenue, Kenai, AK 99611-7794, and Guardian
Security Systems, Inc. (Contractor), ADDRESS 2600 Seward highway, Anchorage, Alaska,
99503.
WHEREAS, Owner desires to contract for security guard services for the Kenai
Municipal Airport (Facilities); 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:
Term. The term of this Agreement shall begin on February 29, 2024, and end
on February 28, 2025.
2. Extension. This Agreement may be extended for four successive one-year
terms by mutual written consent of Owner and Contractor.
3. Facility and Services.
A. Contractor shall provide the services described in Sections 2 and 3 included in
the Instruction to Proposers attached hereto as Exhibit A and incorporated herein by
reference. Contractor shall provide and perform for Owner the services described in this
Agreement seven days per week.
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4. Payment. In exchange for performance of security guard services provided
hereunder, Owner shall pay Contractor for services rendered at the rate of $46.00 per hour.
Owner guarantees a minimum payment of that rate for 35 hours per week, provided
Contractor actually provides those services. Contractor is expected to perform all security
services as set forth above in those 35 hours per week. If Owner adds patrolled service areas,
Owner shall authorize an adjustment in the number of hours in writing, subject to the
minimum guarantee.
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 is
responsible for prompt attention to any defective work pointed out by the Administrator. At
the request of the Administrator, Contractor shall meet with the Administrator at least twice
each calendar month to conduct an inspection of the Facility and to discuss performance.
Contractor must supply Owner with the contact name and telephone number of
Contractor's designated representative in writing on or before February 29, 2024. Contractor
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
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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
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.
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C. It is the Contractor's duty to train its employees in order to provide the
services required. Contractor will furnish the Administrator a list of the names, addresses
and telephone numbers of Contractor's employees working under this Agreement and shall
provide Owner with updates of this list as information changes.
D. Owner may require removal from the Facility those employees of Contractor
whose presence is deemed incompetent, insubordinate or otherwise objectionable, or whose
continued employment and presence at the Facility is contrary to the public interest or
inconsistent with the best interest of Owner.
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.
iii. 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:
for comprehensive general liability and automobile liability insurance,
name the City of Kenai as an additional insured; and,
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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,
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 A.M.
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. Indemnification. The contractor shall indemnify, defend, and hold harmless
the contracting agency from and against any claim of, or liability for, negligent acts, errors,
and omissions of the Contractor under this agreement. The contractor is not required to
indemnify, defend, or hold harmless the contracting agency for a claim of, or liability for, the
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independent negligent acts, errors, and omissions of the contracting agency. If there is a
claim of, or liability for, a joint negligent act, error, or omission of the contractor and the
contracting agency, the indemnification, defense, and hold harmless obligations of this
provision shall be apportioned on a comparative fault basis. In this provision, "consultant"
and "contracting agency" include the employees, agents, and contractors who are directly
responsible, respectively, to each. In this provision, "independent negligent acts, errors, and
omissions" means negligence other than in the contracting agency's selection, administration,
monitoring, or controlling of the contractor, or in approving or accepting the contractor's
work.
Following are definitions for terms in the above clause:
(1) "contractor" means a person who contracts with a public agency to provide professional
services;
(2) "professional services" means professional, technical, or consultant's services that are
predominantly intellectual in character, result in the production of a report or the completion
of a task, and include analysis, evaluation, prediction, planning, or recommendation;
(3) "public agency" means a department, institution, board, commission, division, authority,
public corporation, committee, school district, political subdivision, or other administrative
unit of a municipality, of a political subdivision, or of the executive or legislative branch of
state government, including the University of Alaska, the Alaska Aerospace Development
Corporation, the Alaska Housing Finance Corporation, the Alaska Industrial Development
and Export Authority, the Alaska Energy Authority, the Alaska Railroad Corporation, and a
regional educational attendance area.
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10. Complaints; Charges. If the Administrator provides complaints regarding
security guard services to Contractor's designated representative, Contractor shall act on the
complaint within twenty-four hours, or if urgent, on the same day the complaint is delivered
to Contractor. 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.
41. 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.
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
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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
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
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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 Discrimination. The Contractor will undertake a nondiscrimination program
required by 14 CFR, Part 152, Subpart E, to insure that no person will be excluded from
participating in any employment activity covered by 14 CFR, Part 152, Subpart E, on the
grounds of race, creed, color, national origin, or sex. The Contractor may not exclude any
person on these grounds from participating in or receiving the services or benefits of any
program or activity covered by the Subpart. The Contractor further understands that it will
require its covered sub organizations to provide assurances to the City that they will also
undertake nondiscrimination programs and require assurances from their sub organizations,
as required by 14 CFR, Part 152, Subpart E.
CIVIL RIGHTS — TITLE VI ASSURANCE
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "Contractor"), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants)
will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities,
as they may be amended from time to time, which are herein Incorporated by reference
and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
Draft Agreement for Security Guard Services
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origin in the selection and retention of sub -contractors, including procurements of
materials and leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the contract covers any activity,
project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding or negotiation made by
the Contractor for work to be performed under a subcontract, including procurements
of materials, or leases of equipment, each potential sub -contractor or supplier will be
notified by the Contractor of the contractor's obligations under this contract and the
Nondiscrimination Acts and Authorities on the grounds of race, color, or national
origin.
4. Information and Reports: The Contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the sponsor or the Federal Aviation Administration
to be pertinent to ascertain compliance with such Nondiscrimination Acts and
authorities and instructions. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish the information, the
Contractor will so certify to the sponsor or the Federal Aviation Administration, as
appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with
the non-discrimination provisions of this contract, the sponsor will impose such
contract sanctions as it or the Federal Aviation Administration may determine to be
appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the
Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of
paragraphs one through six in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the Acts, the Regulations, and directives
issued pursuant thereto. The Contractor will take action with respect to any
subcontract or procurement as the sponsor or the Federal Aviation Administration
may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the Contractor becomes involved in, or is
threatened with litigation by a sub -contractor, or supplier because of such direction,
the Contractor may request the sponsor to enter into any litigation to protect the
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interests of the sponsor. In addition, the Contractor may request the United States to
enter into the litigation to protect the interests of the United States.
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY
ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar
instruments/agreements entered into by Kenai Municipal Airport pursuant to the provisions
of the Airport Improvement Program grant assurances.
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her
heirs, personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case of deeds and leases
add, "as a covenant running with the land") that (1) no person on the ground of race,
color, or national origin, will be excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in
the construction of any improvements on, over, or under such land, and the furnishing
of services thereon, no person on the ground of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the
premises in compliance with all other requirements imposed by or pursuant to the List
of discrimination Acts And Authorities.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the
above nondiscrimination covenants, Kenai Municipal Airport will have the right to
terminate the (license, permit, etc., as appropriate) and to enter or re-enter and
repossess said land and the facilities thereon, and hold the same as if said (license,
permit, etc., as appropriate) had never been made or issued. *
C. With respect to deeds, in the event of breach of any of the above
nondiscrimination covenants, Kenai Municipal Airport will there upon revert to and
vest in and become the absolute property of Kenai Municipal Airport and its assigns.
(*Reverter clause and related language to be used only when it is determined that
such a clause is necessary to make clear the purpose of Title VI.)
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the
following non-discrimination statutes and authorities; including but not limited to:
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• Title VI of the Civil Rights Act of 1964 (42 USC §2000d et seq., 78 stat.252)
(prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally -assisted programs of the
Department of Transportation — Effectuation of Title VI of the Civil Rights Act of
1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 USC §4601) (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal -aid programs and
projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended
(prohibits discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.)
(prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as
amended (prohibits discrimination based on race, creed, color, national origin, or
sex);
• The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal -aid recipients, sub -recipients and
concessionaires, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 USC §§12131 — 12189) as implemented by U.S. Department
of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low -Income Populations, which ensures
nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP
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persons have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 USC
1681 et seq).
A. Affirmative Action: The 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 affirmative 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
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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.
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.
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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,
return receipt requested, to the following addresses:
Owner: Kenai Municipal Airport
305 N. Willow St. Ste. 200
Kenai, AK 99611
Contractor: Guardian Security Systems, Inc.
2600 Seward Highway
Anchorage, AK 99503
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 terms 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.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement for
Services the day and year set forth below.
CITY OF KENAI
Lo
Terry Eubank
City Manager
GUARDIAN SECURITY SYSTEMS, INC.
Lo
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Michael Heath
Vice President
Page 16 of 17
STATE OF ALASKA
)Ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this day of
, 2024, by Terry Eubank, City Manager of the City of Kenai, an Alaska municipal
corporation, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
CORPORATION CONTRACTOR NOTARY:
STATE OF ALASKA 1
)SS
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this day of ,
2024, by Michael Heath, Vice President of Guardian Security Systems, Inc., an Alaskan
Corporation, on behalf of the corporation.
Notary Public for Alaska
My Commission Expires:
Approved as to form:
Scott Bloom
City Attorney
Draft Agreement for Security Guard Services
Page 17 of 17
SECURITY GUARD SERVICES
INSTRUCTION TO PROPOSERS
1. GENERAL
These instructions specify the form and procedures for the submission of a complete and
acceptable proposal. To obtain addenda in a timely manner, you should be on the City of Kenai's
plan holder's list. Downloading project specifications and drawings from the City website or other
online plans rooms does not place you on the City's plan holder's list. To be added to the plan
holder's list, please contact the Airport Administration by phone (907) 283-8281 or by email at
sconley(akenai. city.
Contract Name: Kenai Municipal Airport Security Guard Services
Non -mandatory Pre -Proposal Meeting Date: January 12, 2024 at 2:OOpm
Last Day for Questions: January 22, 2024 by 5:OOpm
Proposal Due Date and Time: February 1, 2024 before 10:00am
2. OBJECTIVE
The City is seeking proposals from qualified entities to provide professional unarmed security
guard services at the Airport. The City's objective is to ensure the highest quality of Security
Guard and Security Supervisor personnel at the Airport in order to maintain a high standard of
security services at the Airport. The Contractor shall:
A. Provide Security Guard and Security Supervisors to control the ingress and egress of
persons and vehicles through various permanent and temporary gates at the Kenai
Airport; and
B. Provide an acceptable level of Airport security guard services under a schedule set
forth by the Airport Manager or designated representative.
3. SCOPE OF WORK
Subject to the terms and conditions of the Agreement, the Contractor shall provide a minimum
of 35 hours per week.
A. The Security Supervisor shall provide a minimum of five (5) hours of security guard
service per day, seven (7) days a week, including holidays. The security services
currently required are as follows:
i. Provide one (1) patrol service of airport property between the hours of
8pm & 12 midnight to include a walk-through of the terminal for visibility
and to insure the patrol time on -site is a minimum of 30 minutes (vary the
time of this patrol)
ii. Return to terminal after the last flight of the day to ensure all passengers
are accommodated/assisted with their transportation needs. When all
passengers, air carrier, rental car personnel, and bar patrons have departed,
lock and secure the terminal.
Instructions to Proposers Page 11
iii. Check short-term parking lot — take an inventory of vehicles and note Page 93
license plate number, make and model of vehicle on guard log.
iv. Patrol airport perimeter, closing and/or reporting any open gates on the
guard log.
v. Return to terminal and inventory short-term parking lot on guard log.
Place payment reminders for vehicles in 2 hr. parking and document
vehicle color/ make/ model/ license plate in guard log to be turned Airport
Manager's office. If the parking lot is empty, note that on guard log.
vi. Monday through Friday, at 3:30 am., sweep terminal for unauthorized
activity or personnel, unlock terminal and provide security for arriving
employees and passengers. Time is subject to change on weekends based
on flight operations.
vii. Provide information and assistance to employees and traveling public as
appropriate.
The Airport Manager may adjust the time schedule of security or require additional
security guard service. The Contractor should expect some variance in patrol
requirements due to seasonal variations of air carrier schedules and holidays.
B. The Contractor shall identify a single point of contact and an alternate point of
contact through which all information concerning security service is channeled to and
communicated to the Airport Manager.
C. Provide a 24-hour contact phone number and an email address.
D. The Contractor shall ensure that all Security Guards and/or Security Supervisors are
familiar with Kenai Municipal Code (KMC) Airport Regulations and Airport rules
and procedures before they are allowed to staff a shift at the Airport. If the City,
Airport Manager or FAA mandates any significant changes in rules, regulations and
procedures, the Airport will provide the Contractor and its' employees with
educational updates.
E. The Contractor shall ensure that Security Guards and/or Security Supervisors submit
a written shift report in a form acceptable to the Airport Manager for every shift
worked at the end of each shift to the Airport Manager's office. The written report
should be left at the Administrative Office each day at shift's end.
F. The Contractor agrees to be readily available to address complaints about
Contractor's personnel or concerns of the Airport Manager regarding the services
provided in the Agreement in an appropriate and expedient manner. Security Guards
and Supervisors working at the airport will be required to deal with tenants and the
traveling public in a professional and courteous manner.
G. The Contractor's vehicles shall be marked with the Contractor's name on both sides
of the vehicles.
Instructions to Proposers Page 12
H. The Contractor shall provide complete uniforms that its employees must wear while Page 9a
providing services under the Agreement.
I. The Airport Manager retains the right to conduct periodic testing or observation of
personnel to ensure conduct is professional and training requirements are met.
J. All Airport assigned Security Guards and/or Security Supervisors must meet or
satisfy the following minimum requirements:
1. Be properly licensed under guidelines set forth by the State of Alaska and carry
such license at all times while providing service under the Agreement;
2. Possess good communication skills, in English, both written and oral;
3. Possess a high school diploma or equivalent;
4. Be 18 years of age or older;
5. Be a United States citizen;
6. Pass an NCIC FBI background check.
7. Be properly uniformed, badged, and equipped while providing services; and
8. Pass an initial chemical test and analysis for the illegal use or abuse of drugs,
alcohol, contraband substances and marijuana.
Documentation of compliance with the above minimum requirements for each Airport assigned
Security Guard and Security Supervisor must be included in the personnel records of each
employee and are to be kept and maintained on file at the Contractor's office.
4. PROPOSER QUALIFICATIONS
All Proposers must prepare a Statement of Qualifications that describes, in detail, the organization
of the Proposer's firm or business and pertinent security guard services experience (see Section 3,
entitled "Scope of Work"). Each Proposer shall submit a listing of clients for which the Proposer
provides comparable services. The listing shall provide names, contact people, addresses, and
telephone numbers of those clients. Proposers must also address the following in its Statement of
Qualifications:
1. Documentation of knowledge and capabilities in regard to Airport security guard
services.
2. Resumes of key personnel and relevant experience.
3. Knowledge of airport security practices and regulations, including experience working
on an airport.
4. Any additional information the Proposer believes is relevant in assessing the
qualifications, experience, and ability of the Proposer.
A Proposer's representations concerning their qualifications will be construed as a covenant under
the Agreement. Should it appear that the Proposer has made a material misrepresentation, the City
shall have the right to terminate the Agreement for the Contractor's breach, and the City may then
Instructions to Proposers Page 13
pursue such remedies as provided in the Agreement documents or as provided by state statute, City Page 95
code, or as appropriate.
Any final determination that a Proposer is non -responsible will be made by the City Manager.
Such determination will be made in writing to the Proposer setting forth the reasons for such
determination.
5. CONDITIONS AFFECTING THE WORK
The Proposer shall examine carefully the site(s) of the proposed work and the proposal documents
before submitting a proposal. The submission of a proposal shall be an admission that the Proposer
has made such examination and is satisfied as to the conditions to be encountered in performing
the work and as to the requirements and accuracy of the proposal documents.
The City assumes no responsibility for any understanding or representations concerning conditions
made by any of its officers, agents, or employees prior to the execution of this Agreement, unless
such understanding or representations are expressly stated in the proposal documents or Addenda.
The Proposer shall include in their proposal, sufficient sums to cover all items required by the
Agreement and the conditions of the site(s), and shall rely entirely upon their own examination in
making their proposal. The submission of a proposal shall be taken as prima facie evidence of
compliance with this paragraph.
If information or documentation required for submitting an accurate and complete proposal is
absent from these documents, the Proposer is required to notify Airport Administration by
facsimile (907) 283-3737, or by e-mail to sconley@kenai.city.
6. LICENSING
Alaska State Statutes requires that all businesses wishing to engage in business in Alaska obtain
license(s). All Proposers are required to furnish with their proposal, the applicable, current licenses
required to perform the work. Applicable licenses may include the following: Contractor's
License, Specialty Contractor License, and Alaska Business License. Failure to submit license(s)
with the proposal may result in rejection of the Contractor's proposal.
7. TAX COMPLIANCE CERTIFICATE
No agreement will be awarded to any individual or entity that is in violation of the tax laws of the
City of Kenai or the Kenai Peninsula Borough unless the violation is cured within ten business
days of notice. The Tax Compliance Certificate must be signed by the Proposer only and submitted
with the proposal. The City will obtain verification of tax compliance from the Kenai Peninsula
Borough for the successful proposer. Proposals submitted without a completed Tax Compliance
Certificate may be considered non -responsive.
8. INTERPRETATION OR CORRECTIONS OF PROPOSAL DOCUMENTS
Instructions to Proposers Page 14
Proposers shall notify the Airport Administration promptly of any error, omission, or inconsistency
that may be discovered during examination of the proposal documents and the proposed work
site(s). Requests from Proposers for interpretation or clarification of the proposal documents shall
be made in writing to Airport Administration and shall arrive no later than the time and date
specified in Section 1 of these Instructions to Proposers. Questions may be faxed to (907) 283-
3737 or emailed to sconley@kenai.city. The subject line of the email or fax must include the name
of the project.
Oral questions may be presented at a pre -proposal meeting if one is provided for in Section 1 of
these Instructions to Proposers. Interpretations, corrections, or changes, if any, to the proposal
documents shall be made by Addendum. Proposers shall not rely upon interpretations, corrections,
and changes made in any other manner, including orally, at the pre -proposal meeting.
Interpretations, corrections, and changes shall not be binding unless included in an Addendum.
All Addenda issued during the time of proposal shall become part of the Agreement Documents.
Questions or requests for clarifications shall be directed to Airport Administration. Only written
interpretations or corrections by Addendum shall be binding, and no other forms of interpretation
or correction will be binding on the City of Kenai.
It is the Proposer's sole responsibility to ascertain that they have received all Addenda issued by
the City of Kenai. Addenda will be issued electronically and/or by facsimile. All Addenda must
be acknowledged in the space provided on the Proposal Form. If no Addenda have been issued,
write or type "zero" or "N/A" on the Proposal Form in the space provided.
9. PREPARATION AND SUBMISSION OF PROPOSALS
Proposals must be received at the Airport Administrative Office prior to the time and date
specified in Section 1 of these Instructions to Proposers.
Proposals must be submitted on the Proposal Form furnished and should be sealed in a
separate envelope clearly marked with the proposer's and RFP name. Proposals must be
completed in ink or by typewriter, and must be manually signed by an authorized person.
If erasures or other changes appear on the forms, the person signing the proposal must
initial each erasure or change in ink.
Proposals shall specify a unit or lump sum price, typed or written in ink in figures. In case
of error in the extension of prices, the unit price will govern. Proposals may be rejected if
they show any omissions, alteration of the forms, additions not called for, conditional or
alternate proposals not called for, qualified proposal, or irregularities of any kind.
It is expressly agreed that the quantities shown in the Proposal Form, whether for a "Unit
Price Proposal" or in connection with a "Lump Sum Proposal" on the Proposal Form are
approximate only for use as a basis for comparison of proposals and are not to be taken to
be either representations or warranties. The City does not expressly, nor by implication,
agree that the actual amount of work will correspond therewith.
The Proposal Form invites proposals on definite plans and specifications. Only the
amounts and information asked for on the Proposal Form will be considered as the
Instructions to Proposers Page 15
proposal. Each Proposer shall propose upon the work exactly as specified and as requested Page 97
on the Proposal Form, and Proposers shall propose upon all alternates as indicated.
One (1) complete proposal package shall be completely sealed in an envelope clearly
marked with the Proposer's company name, and the "Project Name" and "Proposal Due
Date" specified in Section 1 of these Instructions to Proposers. A complete proposal
package shall include the following documents:
o Statement of Qualification
o Proposal Form (sealed in separate envelope)
o Tax Compliance Certificate
o Applicable Licenses
o Non -Collusion Affidavit
• Proposals received without all the required documents may be considered non -responsive.
• Proposals received after the proposal due date and time will be considered non -responsive
and will not be accepted.
• No responsibility shall be attached to the City for the premature opening of, or the failure
to open a proposal not properly addressed and identified.
• Please note that overnight delivery from the Lower 48 States is generally not available.
Prospective Proposers should anticipate a minimum of two to three days delivery time for
express, priority or expedited delivery services.
10. MODIFICATION OF PROPOSALS
Proposal modifications will be accepted by the City at sconley(a),kenai.city and binding upon the
Proposer where the modification:
is received at the Airport Administrative Office prior to the time and date specified in
Section 1 of these Instructions to Proposers.
is signed by the same individual who signed the original proposal.
Should there be more than one proposal modification from a Proposer, only the last modification
received prior to the deadline shall be applied to the proposal. All earlier modifications shall be
disregarded.
Any modification which fails to meet any requirement of this section shall be rejected, and the
proposal shall be considered as if no modification had been attempted.
It is the Proposer's responsibility to confirm the City's receipt of any proposal modification.
11. WITHDRAWAL OF PROPOSAL
Instructions to Proposers
Page 16
At any time prior to scheduled closing time for receipt of proposals, any Proposer may withdraw
their proposal, either personally or by written request.
After the scheduled closing time for receipt of proposals, no Proposer will be permitted to
withdraw their proposal unless Notice of Award is delayed for a period exceeding forty-five (45)
days.
A proposal may not be withdrawn after opening without the written consent of the City.
12. ACCEPTANCE — REJECTION OF PROPOSAL
The City reserves the right to reject any or all proposals, to waive minor irregularities in any
proposal or in the proposing procedure, and to accept any proposal presented which meets or
exceeds said specifications and which is deemed to be in the best interest of the City. However,
the requirements for timeliness and manual signatures shall not be waived. The City is not
obligated to accept the lowest proposal and is not responsible for proposal preparation costs.
13. EXECUTION OF AGREEMENTS
The successful Proposer shall be required to execute an Agreement for the work within (7) days
after receiving the Notice of Award and Agreement documents from City; if Contractor does not
return executed copies within this time, then, at the option of City, the proposal maybe rejected.
14. AWARD OF AGREEMENT
It is the intent of the City to award the proposal to the lowest, qualified, responsive and responsible
Proposer. Unless otherwise stated in the proposal documents, the Agreement, if awarded, shall be
awarded to the responsible Proposer who submits the lowest responsive proposal. When proposal
documents contain a base proposal and alternates, only the total of the base proposal and the
alternates to be awarded shall be used to determine the low Proposer.
The amount of the Agreement shall be the total sum of the amounts computed from the estimated
quantities and unit prices and/or the lump sum awarded by the City and specified in the Agreement.
On all proposals, Notice of Award or rejection will be given within forty-five (45) days of proposal
opening. The notice will be in writing and signed by the Airport Manager. A Notice of Intent to
Award, and no other act of the City of Kenai or its representatives, constitutes an acceptance of a
proposal. The acceptance of a proposal shall bind the successful Proposer to execute the
Agreement.
15. APPEAL PROCEDURE
KMC 7.15.120 Appeal procedures.
Instructions to Proposers Page 17
(a) Any party submitting a proposal for a contract with the City and who believes that they are Page 99
adversely affected by the City's relevant ordinances, regulations, procurement process, or by any
acts of the City in connection with the award of a City contract, may file a protest appeal with the
City Clerk. All protest appeals must be to the City within five (5) calendar days of the issuance of
the City's notice of its intent to award the contract. The appeal must be hand delivered, delivered
by mail, or by facsimile and must comply with all requirements of this section. If the fifth day is a
City -recognized holiday or a weekend, the deadline for appeal shall be the next work day. It is up
to the protester to choose a method of delivery to assure timely receipt by the City.
(b) Rejection of Appeal. The Clerk shall reject an untimely or incomplete appeal. Such rejection
shall be final and may be appealed to the Superior Court pursuant to the Court Rules of Appellate
Procedure.
(c) The protest appeal must be in writing and shall include the following information:
(1) The name, address, e-mail, and telephone (and facsimile if available) numbers of the protester;
(2) The signature of the protester or the protester's representative;
(3) Identification of the contracting agency and the solicitation or contract at issue;
(4) A statement of the legal and factual grounds of the protest, including copies of relevant
documents; and
(5) The form of relief requested.
(d) Stay of Award. If a timely and complete protest appeal is filed, the award of the contract shall
be stayed until all administrative remedies have been exhausted, unless the City Manager
determines in writing that award of the contract pending resolution of the appeal is in the best
interests of the City.
(e) Notice and Response. Notice of the stay and protest appeal shall be delivered to any party
who may be adversely affected by the City Manager's decision by facsimile, first class mail or in
person within three (3) business days of receipt of a properly filed appeal.
(f) City Manager Decision. The City Manager shall issue a written decision to the appellant
within ten (10) business days of the date the appeal is filed. If multiple appeals have been filed,
they may be consolidated for purposes of the decision. Copies of the appeal and decision shall be
provided to any interested party requesting one. The decision may include any lawful action,
including without limitation an amendment of all or any part of the recommended award. For good
cause shown, the City Manager may extend the date for the decision for such additional period as
may be necessary.
(g) If the City Manager sustains a protest in whole or in part, the City Manager shall implement
an appropriate remedy. In determining an appropriate remedy, the City Manager shall consider the
circumstances surrounding the solicitation or procurement including the seriousness of the
procurement deficiencies, the degree of prejudice to other interested parties or to the integrity of
the procurement system, the good faith of the parties, the extent the procurement has been
accomplished, costs to the agency and other impacts on the agency of a proposed remedy, and the
urgency of the procurement to the welfare of the City.
(h) Notwithstanding subsections (a) and (b) immediately above, if the City Manager sustains a
proposal protest appeal in whole or part, the protester's damages shall not exceed the reasonable
proposal preparation costs.
(i) Appeal to Superior Court. Appeals may be taken from the written decision of the City
Manager within thirty (30) days of the date of the decision pursuant to Part VI of the Alaska Rules
of Appellate Procedure.
(Ord. 2852-2015)
Instructions to Proposers Page 18
16. COMPLIANCE OR ACCEPTED ALTERNATES TO SPECIFICATIONS Page goo
Proposer hereby agrees that the material offered will meet all the requirements of the specifications
in this solicitation unless alternates have been deemed acceptable by the City. Manufacturer's
names, trade names, brand names, model and catalog numbers used in these specifications are for
the purpose of describing and establishing general quality levels. Such references are not intended
to be restrictive. Alternates will be approved via addenda, and only via addenda. Request for
alternates must be submitted no later than the Last Day for Questions in the Advertisement for
Proposals. An alternate must be requested via email sent to the addresses in section I with an
explanation giving in detail the extent of the alternate, the reason for which it is requested, and
why the City should approve the alternate. Provide as much detail as possible. If multiple models
or options are provided with your submittal data clearly indicate which you are requesting. The
City of Kenai will be the sole judge of whether an alternative is acceptable to the items specified.
Instructions to Proposers Page 19
17. AWARD PROCEDURES Page 101
The award of this contract will be based on certain objective and subjective considerations listed
below:
1. Responsiveness to Request for Proposal — Adequacy, completeness, and quality of
response to the RFP.
Maximum points available are 33
2. Proposer's experience & capability - As outlined in the Statement of Qualifications.
Maximum points available are 33
3. Contract Cost — Standard Guard price per hour
Lowest Price x 34 =
Proposal Price
Maximum points available are 34
Total points available are 100
Evaluation of proposals will be conducted by an evaluation committee of qualified City Staff, or
other persons selected by the City. The committee will evaluate all responsive proposals based
upon the information and references contained in the proposals submitted. The committee will
score and rank all responsive proposals.
Instructions to Proposers Page 110
SECURITY SERVICES RFP EVALUATION FORM Page �02
Proposer
Criteria
Score
Justification
Responsiveness to Request
for Proposal —
Understanding the scope of
services to be provided,
completeness and compliance
with all other requirements
including instructions,
provisions, terms and
conditions of this solicitation.
Possible 33 Points
Proposer's experience,
capability & references —
Experience, qualifications,
and past performance of the
proposer including their
ability to meet requirements
of the RFP which includes
previous/current contracts of
similar size, duties, and
scope, background in airport
security; Stability of Proposer
to include local/national,
length of time in security
business; Abilities,
qualifications and experience
of persons assigned to the
performance of the contract;
Methods of training,
employment screening, and
security guard qualification
requirements
Possible 33 Points
Standard Guard Price Per
Hour - The lowest offered
price per hour will receive 34
points.
Total Score
Selection Committee Member:
Date:
Instructions to Proposers Page 111
KENAI CITY COUNCIL — REGULAR MEETING Page 103
February 7, 2024 — 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR BRIAN GABRIEL, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on February 7, 2024, 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
Deborah Sounart
Alex Douthit
A quorum was present.
Absent:
Phil Daniel
Also in attendance were:
Henry Knackstedt, Vice Mayor
James Baisden
Victoria Askin
**Xinlan Tanner, Student Representative
Terry Eubank, City Manager
Scott Bloom, City Attorney
David Swarner, Finance Director
Tyler Best, Parks and Recreation Director
Scott Curtin, Public Works Director
Kathy Romain, Senior Services Director
Derek Ables, Airport Manager
Shellie Saner, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following additions to the Packet:
Add to item E.3. Public Hearing — Ordinance No. 3390-2024
• Public Amendment Memo
MOTION:
Vice Mayor Knackstedt MOVED to approve the agenda and consent agenda with the requested revisions.
Council Member Askin SECONDED the motion.
The items on the Consent Agenda were read into the record.
Mayor Gabriel opened the floor for public comment on consent agenda items; there being no one wishing
to be heard, the public comment period was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
City of Kenai Council Meeting Page 1 of 8
February 7, 2024
*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
1. Kenai Permanent Fund Annual Review, 2023 Financial Performance, Financial Projections and
Recommended 2024 Asset Allocations for the City's Permanent Fund, Brandy Niclai and Bill
Lierman, from Alaska Permanent Capital Management.
Alaska Permanent Capital Management, Chief Investment Officer's Brandy Niclai and Bill Lierman
provided an annual review of the City's Permanent Funds; account summaries; historical market values;
and strategic asset alocations.
C. SCHEDULED PUBLIC COMMENTS
Project Homeless Connect 2024, Jodi Stuart, Project Homeless Connect Publicity Chair.
Project Homeless Connect Publicity Chair, Jodi Stuart presented an overview of the 2024 Project
Homeless Connect event; provided statistical information from the data collected; highlighted the success
of the event and its positive impact on the participants; and noted the need in our community for low
income housing.
2. Kenai Chamber of Commerce and Visitor Center Annual Report, Samantha Springer, Executive
Director.
Samantha Springer, Executive Director of the Kenai Chamber of Commerce & Visitor Center summarized
the 2023 Year in Review; annual events that are held; new events that have been or will be added; and
the need for additional staffing.
D. UNSCHEDULED PUBLIC COMMENTS
E. PUBLIC HEARINGS
1. Ordinance No. 3388-2024 - Increasing Estimated Revenues and Appropriations in the
General Fund for the City's Joint Participation in the Kenai Peninsula Borough's Safe
Streets and Roads for All Action Plan Grant Through the United States Department of
Transportation. (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to enact Ordinance No. 3388-2024. 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 the City was a joint participant in the application; the program requires an 80/20 cost
share; the appropriation would cover a portion of the City's cost with the other portion being covered by
in -kind staffing services.
VOTE:
YEA: Knackstedt, Douthit, Baisden, Askin, Gabriel, Sounart
NAY: None
ABSENT: Daniel
**Student Representative Tanner: Yea
MOTION PASSED.
City of Kenai Council Meeting Page 2 of 8
February 7, 2024
Page 105
2. Ordinance No. 3389-2024 - Accepting and Appropriating Donations from Kenai Senior
Connection, Inc., to the Kenai Senior Center. (Administration)
Appreciation was stated for Kenai Senior Connections, Inc.
MOTION:
Council Member Sounart MOVED to enact Ordinance No. 3389-2024. 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.
VOTE:
YEA: Douthit, Baisden, Askin, Gabriel, Sounart, Knackstedt
NAY: None
ABSENT: Daniel
"Student Representative Tanner: Yea
MOTION PASSED.
3. 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. (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to enact Ordinance No. 3390-2024. 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.
VOTE:
YEA: Baisden, Askin, Gabriel, Sounart, Knackstedt, Douthit
NAY: None
ABSENT: Daniel
"Student Representative Tanner: Yea
MOTION PASSED.
4. Resolution No. 2024-05 - Amending the Employee Classification Plan by Reclassifying
the Public Works Building Official/Manager to a Building Official and Adjusting the Range
for this Class. (Administration)
MOTION:
Council Member Douthit MOVED to adopt Resolution No. 2024-05. 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.
There was discussion regarding the difficulty in filling the position last time it was vacant and concerns
stated that it may be more difficult to fill if the range was lowered; the change in the hiring market since
the last time the position was vacant; the certification requirements for the position and how they aligned
with state statute; and ensuring that the candidates met the certification requirements.
It was clarified that the ongoing salary study supported lowering the range for the position; the managerial
duties that were being removed from the position were previously with the Public Works Director position
and were transferring back to that position; the potential of a broader range of applicants considering the
City of Kenai Council Meeting Page 3 of 8
February 7, 2024
Page 106
relocation assistance the City now offered; and there were currently nine applicants for this vacancy at
the lower range.
MOTION:
Vice Mayor Knackstedt MOVED to postpone Resolution 2024-05 to the February 21, 2024 Council
meeting. Council Member Douthit SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to postpone.
VOTE ON MOTION TO POSTPONE: Motion APPROVED; without objection.
5. Resolution No. 2024-06 - Designating the Investment and Allocation Plan for the City's
Permanent Funds and Establishing Appropriate Benchmarks to Measure Performance for
Calendar Year 2024. (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to adopt Resolution No. 2024-06. 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.
UNANIMOUS CONSENT was requested.
VOTE: Motion APPROVED; without objection.
6. Resolution No. 2024-07 - Adopting the City's Capital Improvement Plan for Fiscal Years
2025-2029. (Administration)
MOTION:
Council Member Askin MOVED to adopt Resolution No. 2024-07. 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.
There was discussion regarding FY2025 project five, Emergency Service Facility Improvements 35%
Design; concerns were stated regarding spending funds on the project design prior to taking a bond
question to the voters; completion of design prior to taking a bond question to the voters would allow that
the bond question to identify the complete project with an accurate bonding amount; and the need for
additional conversations and work sessions prior to funding the design.
Concerns were stated regarding the amount of FY2025 project six, Old Town Park Reconstruction; the
possibility of reducing the City funding portion and increasing the grant funding portion; the project being
dependent on grant funding and was not time sensitive; and relocating the project toy FY2026.
MOTION:
Council Member Douthit MOVED to amend the Fiscal Year 2025 - 2029 Capital Improvement Plan as
attached to Resolution 2024-07 follows:
Relocate FY2025 Project No. 6, Old Town Parks Reconstruction from FY2025 projects to FY2026
projects as Project No. 15, and to renumber projects accordingly.
Council Member Baisden SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: Motion to amend APPROVED; without objection.
UNANIMOUS CONSENT was requested on the main motion as amended.
VOTE: Main motion as amended APPROVED; without objection.
City of Kenai Council Meeting Page 4 of 8
February 7, 2024
Page 107
F. MINUTES
*Regular Meeting of January 17, 2024. (City Clerk)
G. UNFINISHED BUSINESS — None.
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 -Confirmation of Mayoral Nomination for Appointment to the Council on Aging.
(Gabriel). (Administration)
Approved by the consent agenda.
4. *Ordinance No. 3393-2024 - Accepting and Appropriating Donations to the Kenai Animal Shelter
for the Care of Animals. (Administration)
Introduced by the consent agenda and Public Hearing set for February 21, 2024.
5. *Ordinance No. 3394-2024 - Increasing Estimated Revenues and Appropriations in the General
Fund to Provide Supplemental Funding to the Street Lights Repair and Maintenance Operational
Budget. (Administration)
Introduced by the consent agenda and Public Hearing set for February 21, 2024
6. *Ordinance No. 3395-2024 - Increasing Estimated Revenues and Appropriations in the General
Fund for Radio Advertising and Approving Council Policy 20.030-Radio Advertising for Public
Meetings and Elections. (Douthit)
Introduced by the consent agenda and Public Hearing set for February 21, 2024.
7. *Ordinance No. 3396-2024 - Amending Kenai Municipal Code 4.31.015 - Local Amendments to
the 2009 International Fuel Gas Code for Housekeeping Purposes. (Administration)
Introduced by the consent agenda and Public Hearing set for February 21, 2024.
8. *Ordinance No. 3397-2024 - Increasing Estimated Revenues and Appropriations in the Water
Sewer Capital Project Fund for the Cemetery Creek Culvert Replacement Project and Accepting
a Donation from the Kenai Foundation in Support of the Project. (Administration)
Introduced by the consent agenda and Public Hearing set for February 21, 2024.
9. *Ordinance No. 3398-2024 - Amending Kenai Municipal Code Title 6 - Elections, to Enhance
Consistency, Promote Efficiencies and Make Housekeeping Changes. (City Clerk)
Introduced by the consent agenda and Public Hearing set for February 21, 2024.
10. Action/Approval - Authorizing the City Manager Enter into an Agreement with Nutrien US, LLC.
for the Purpose of Loaning the Steelhead Drilling Platform Model for Display at the Nutrien's Local
Facility. (Administration)
MOTION:
City of Kenai Council Meeting Page 5 of 8
February 7, 2024
Page 108
Council Member Douthit MOVED to authorize the City Manager to enter into the agreement. Vice Mayor
Knackstedt SECONDED the motion.
It was reported that Kenai Chamber of Commerce was working on updating exhibits; the Cultural Center's
Cultural Exhibition Area houses the City's permanent collection of natural history objects; and with
approval this would relocate the model to the Nutrien Facility.
UNANIMOUS CONSENT was requested on the motion.
VOTE: Motion APPROVED; without objection.
I. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
No report, next meeting February 8, 2024
2. Airport Commission
No report, next meeting February 8, 2024
3. Harbor Commission
No report, next meeting February 12, 2024
4. Parks and Recreation Commission
Council Member Sounart reported on the February 1, 2024 meeting and work session, next meeting
March 7, 2024
5. Planning and Zoning Commission
Council Member Douthit reported on the February 24, 2024 meeting, next meeting February 14, 2024.
6. Beautification Committee
No report, next Special Meeting February 13, 2024.
J. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Stated his appreciation for the Kenaitze Indian Tribe hosting the Joint Work Session and noted
the value of being able to hear about items of importance to the Tribe and discuss areas where
we can collaborate.
• Attending the Volunteer Appreciation Dinner held at the Senior Center noting the Senior Center
had roughly 100 volunteers; and number of volunteer's and hours donated at the Senior Center
had an value of roughly $220,000 annually.
• Congratulated Kenai Central High School, Hockey Team for doing so well in the State
Tournament.
K. ADMINISTRATION REPORTS
1. City Manager — City Manager Eubank reported on the following:
• A volunteer group formed to seek funding opportunities for the Airport Bronze Bear project.
• The classification and compensation study was wrapping up with the report due at the end of
the month, with presentation to Council in March.
• Requests for Proposals were open for the Kenai Visitor and Cultural Center Facility
Management Services and the Kenai Tourism and Marketing Services.
• Received interest from a Gravel Pit operator located on Beaver Loop to purchase City
property.
City of Kenai Council Meeting Page 6 of 8
February 7, 2024
Page 109
• Budget Goals were issued to departments.
• Attended the Kenai Peninsula Fish Habitat partnership meeting in Homer, the City is currently
working with many in attendance on the Cemetery Creek project.
• Recruiting for a Building Official, Fire Fighter, Police Officer, Planning Technician and a Public
Safety Dispatcher.
• Today the US Army Corps of Engineers released the news that Western Marine Construction,
Inc. was awarded the contract for the Bluff Stabilization project. The City would issue a press
release tomorrow.
2. City Attorney - No report.
3. City Clerk — City Clerk Saner reported on the following:
• KPB Voter Turnout Work Group would be meeting two more times in February and would
issue final recommendations in March.
L. ADDITIONAL PUBLIC COMMENTS
1. Citizen Comments (Public comments limited to (5) minutes per speaker) - None.
2. Council Comments
Council Member Douthit noted his appreciation for the end of the cold snap and the Volunteer
Appreciation Event at the Senior Center.
Student Representative Tanner provided a report on the upcoming Connection Home School events, the
Kenai Alternative High School Events and Kenai Central High School events.
Council Member Sounart noted her appreciation for the Joint Work Session with the Kenaitze Indian Tribe
and wished everyone a safe winter.
Council Member Askin stated the Volunteer Appreciation Dinner was a great event and reported receiving
a call from a constituent thanking the City for keeping the roads plowed.
Council Member Baisden thanked the Animal Control staff for their recent help with a stray dog in his
neighborhood.
Vice Mayor Knackstedt reported that he was part of the Bronze Bear statue volunteer group; noted his
appreciation for the Joint Work Session with the Kenaitze Indian Tribe and the Volunteer Appreciation
Dinner.
M. EXECUTIVE SESSION - None.
N. PENDING ITEMS
1. Ordinance No. 3391-2024 - Amending the Imagine Kenai 2030 Comprehensive Plan Land Use
Plan Map for Certain Parcels from Industrial to Mixed -Use. (Knackstedt) [Referred to the Harbor
Commission and Planning & Zoning Commission; City Council Public Hearing Scheduled for
February 21, 2024.1
2. Ordinance No. 3392-2024 - Amending the Kenai Zoning Code to Add a New Zoning District,
Working Waterfront (WW) and Amending the Official Zoning Map for Certain Parcels from Heavy
Industrial (IH) to Working Waterfront (WW) or Conservation (C) Zoning District. (Knackstedt)
[Referred to the Harbor Commission and Planning & Zoning Commission; City Council Public
Hearing Scheduled for February 21, 2024.]
City of Kenai Council Meeting Page 7 of 8
February 7, 2024
Page 110
O. ADJOURNMENT
P. INFORMATIONAL ITEMS - None.
There being no further business before the Council, the meeting was adjourned at 8:28 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of February 7, 2024.
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.
City of Kenai Council Meeting Page 8 of 8
February 7, 2024
Page 111
KENAI
CITY OF KENAI
RESOLUTION NO. 2024-05
Sponsored by: Administration
A RESOLUTION AMENDING THE EMPLOYEE CLASSIFICATION PLAN BY RECLASSIFYING THE
PUBLIC WORKS BUILDING OFFICIAL/MANAGER TO A BUILDING OFFICIAL AND ADJUSTING THE
RANGE FOR THIS CLASS.
WHEREAS, Ordinance 3353-2023 adopted the FY2024 annual budget, salary schedule, employee
classification plan and authorized staffing table for the fiscal year commencing July 1, 2023 and ending
June 30, 2024; and,
WHEREAS, the annual budget includes current authorized staffing for a full-time Building
Official/Manager in the Public Works Department; and,
WHEREAS, the Building Official/Manager position will be vacant on February 17, 2024; and,
WHEREAS, the role of the Building Official within the Public Works Department involves critical
responsibilities related to the inspection and compliance of various buildings with applicable codes and
regulations; and,
WHEREAS, a significant increase in building permits from 2022 and 2023 emphasizes the importance of
focusing on the core job duties and responsibilities of the Building Official to enhance efficiency and
effectiveness in building compliance and administrative functions; and,
WHEREAS, the Public Works Director worked with Human Resources to amend the position description
to remove the manager responsibilities to ensure a concentrated focus on key tasks related to building
inspection and compliance; and,
WHEREAS, these proposed changes would not result in an increase to the FY2024 budget and would
result in a potential decrease beginning in FY2025; and,
WHEREAS, the duties and responsibilities of the Building Official were compared to other positions in
the City within the City's Classification Plan to ensure an amendment to the range of the Building Official
from a 22 to a 21 fairly reflects the compensation within the City's classification plan and is competitive
with compensation for comparable positions in other places of public employment; and,
WHEREAS, this amendment ensures that the title and range for the Building Official accurately reflects
the duties and responsibilities of the position comparable to other positions within the City, is adequate
to recruit and retain qualified candidates for the position, and is in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. The Council amends the Employee Classification Plan by reclassifying the position Public
Works Building Official position as follows:
401 — Building Official [/MANAGER] Range [22]21
Section 2. That this resolution takes effect immediately upon passage.
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. 2024-05
Page 2 of 2
Page 112
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 21ST DAY OF FEBRUARY, 2024.
Brian Gabriel Sr., Mayor
ATTEST:
Michelle M. Saner, MMC, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
Page 113
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Stephanie Randall, Human Resources Director
DATE: January 26, 2024
SUBJECT: Resolution 2024-05 —Amending Public Works Building Official
position
This resolution amends the City's Classification Plan to reclassify the Building Official/Manager
classification in Public Works. This change would remove manager responsibilities, rename the
class to "Building Official", and amend the hourly pay range.
This class of employees is staffed with a single position, was initially classified as "Building
Official," and was reclassified in 2018 as part of the FY19 budget process. The 2018 amendment
added supervisory responsibilities, oversight of the Building Maintenance division of the Public
Works Department, and City-wide Safety Coordinator duties formerly handled between the Public
Works Director and the Building Maintenance Lead positions. As part of this amendment, the
salary range was increased two steps to reflect the additional duties.
Since that time, the position has been considered "difficult to fill" and was vacant for over a year,
between 3/19/2021 and 4/4/2022. The Building Official/Manager position will become vacant on
February 17, 2024. The Public Works Director worked with Human Resources to recommend
changes to the job description to remove the supervision of Building Maintenance and related
responsibilities, which would be temporarily reassigned to the Public Works Director until such
time as the current Public Works organizational structure assessment is complete. This proposed
change would benefit the City by allowing the Building Official to concentrate on core
responsibilities, including building inspection, compliance, administrative direction, and effective
communications with the community.
This proposed change would remove "Manager" from the job title and would result in a
reclassification to a lower pay range from 22 to 21 which remains competitive with other building
official positions in the state of Alaska.
This resolution would amend the Employee Classification Plan by reclassifying the Public Works
Building Official position as follows:
401 — Building Official [/MANAGER] Range [22]21
Your consideration is appreciated.
Page 114
PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: FEBRUARY 21, 2024
VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT
PERS
PREMERA
HOMER ELECTRIC
INVESTMENTS
PERS
VARIOUS
LIABILITY
108,560.99
JANUARY PREMIUM
VARIOUS
INSURANCE
205,224.05
ELECTRIC USAGE
VARIOUS
UTILITIES
133,447.93
VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int.
City of Kenai
IL7'OV
000,
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Derek Ables, Airport Manager
DATE: February 9, 2024
SUBJECT: Action/Approval — Authorizing a Memorandum of Agreement with
Greatland Consulting and Training LLC. for use of the Alaska
Regional Fire Training Facility.
This memo recommends support of the Memorandum of Agreement between the City of Kenai
and Greatland Consulting and Training LLC.
The purpose of the Alaska Regional Aircraft Fire Training Facility is to provide the facilities
required for certificated airports in Alaska to meet initial and annual recurrent training
requirements under applicable Federal Aviation Regulations. GCT has been awarded a contract
by the State of Alaska, Statewide Aviation Division to provide Aircraft Rescue Firefighting training
for the employees of state operated airports. It is mutually beneficial for the Airport and GCT to
enter into a cooperative agreement that facilitates Aircraft Rescue Firefighting training at the Fire
Training Center for the calendar year 2024.
Council's approval is respectfully requested.
Attachments- Memorandum of Agreement
Page 115
Page 116
Memorandum of Agreement
between
The City of Kenai
e1.
Greatland Consulting and Training LLC
1461 Northview Dr. Unit 1-7
Anchorage, Alaska 99504
This Memorandum of Agreement between the City of Kenai (hereinafter referred to as the
"Airport"), and Greatland Consulting and Training LLC (hereinafter referred to as "GCT").
PURPOSE
The purpose of this agreement is to allow the Airport, and GCT to work cooperatively to ensure
the Alaska Regional Aircraft Fire Training Center (Fire Training Center) remains viable to meet
required Federal Aviation Regulations for Aircraft Rescue Firefighting at certificated airports in
Alaska. The Airport is the owner of the Fire Training Center and is responsible for the operation
and maintenance in accordance with FAA grant assurances.
OBJECTIVES
• Ensure certificated airports in Alaska are able to complete initial and annual recurrent
ARFF training.
• Operate and maintain the Fire Training Center in accordance with FAA grant assurances.
• Formalize policies and procedures surrounding the use of the Fire Training Center.
• Establish rates and fees to ensure the operation of Fire Training Center is sustainable.
• Encourage other stakeholders to utilize the Fire Training Center in conjunction with GCT.
WITNESSETH:
WHEREAS, it is the purpose of the Alaska Regional Aircraft Fire Training Center to provide the
facilities required for certificated airports in Alaska to meet initial and annual recurrent training
requirements under applicable Federal Aviation Regulations; and,
WHEREAS, GCT has been awarded a contract by the State of Alaska, Statewide Aviation Division
to provide Aircraft Rescue Firefighting training for the employees of State operated airports;
and,
WHEREAS, it is mutually beneficial for the Airport and GCT to enter into a cooperative
agreement that facilitates Aircraft Rescue Firefighting training at the Fire Training Center.
NOW THEREFORE. In consideration of the mutual benefits which will accrue to the Airport and
GCT, the parties agree as follows:
MOA between The City of Kenai and Greatland Consulting and Training LLC Page 1 of 4
Page 117
AUTHORIZATION: The Airport, and GCT agree to work cooperatively in operation of
the Fire Training Center to facilitate ARFF training requirements set forth by Federal
Regulations for certificated airports for the Calendar year 2024.
AIRPORT, AND GCT RESPONSIBILITIES: For the periods set forth above, the
Airport will:
A. When no preexisting scheduling conflicts exist, provide GCT use of the
Alaska Fire Training Center training room(s), ARFF training props, ARFF
vehicles, ARFF training prop controls, and breathing air containment fill
station.
B. Maintain the facility, including props in good working order. Airport is
not responsible for any training delays or lost profits due to prop or
other facility equipment breakdowns. GCT and Airport understand and
acknowledge that prop repairs often require service from out-of-state
personnel with limited availability.
C. Establish rates & fees for use of the Alaska Fire Training Center that
ensure operation and maintenance of the Fire Training Center is
sustainable.
b. GCT will:
A. Schedule use of the Fire Training Center with Airport Administration.
B. Provide for, or contract with qualified instructors approved by the
Airport for ARFF training.
C. Provide prompt notice to the Airport of needed maintenance to the
Alaska Fire Training Center facility, ARFF training props and controls,
ARFF vehicles, and breathing air containment fill station.
D. Ensure all trainees are equipped with all necessary Personal Protection
Equipment.
E. Assume responsibility for any damage to Fire Training Center property
(real and personal), caused by its officers, employees, contractors,
customers or agents, and that occurs during the course of training
activities and notify the Airport of any damage as soon as practicably
feasible.
F. Provide certified activity reports of all training activities on a form
provided by the Airport with the payment of all rates and fees.
G. Pay established rates & fees for use of the Alaska Fire Training Center
that ensure operation and maintenance of the Fire Training Center is
sustainable no later than 30 days upon the completion of the training.
H. Pay for actual costs of all ARFF training consumables, to include but not
limited to: propane, nitrogen, training smoke oil, vehicle fuel, etc.
MOA between The City of Kenai and Greatland Consulting and Training LLC Page 2 of 4
Page 118
Season
Course
Min. # of Students
Rate per Student*
■
a
Annual Live Fire/Refresher
8
400.00
E
d
a
d
40 hour Basic ARFF
8
600.00
N
A
4G hour Advanced ARFF
8
600 00
C
Annual Live Fire/Refresher
12
400.00
a
Q
`y
40 hour Basic ARFF
12
600.00
s
0
p4G
hour Advanced ARFF
12
6GG.GG
Rate includes use oftraining classroom..ARFFtraining props. and.ARFFvehicles. Rate excludes the
cost of fuels and ancillary consumables required to operate training props and equipment (Propane,
Nitrogen, Training Smoke Oil, Fuel, etc.)
III. PERIOD OF PERFORMANCE
The period of performance for this agreement is for the Calendar Year 2024. While
the Airport and GCT reserve the right to terminate this Agreement, at any time upon
thirty days written notice without the necessity of any legal process, the Airport and
GCT agree to hold a meeting prior to termination discussing the reasons for
termination.
IV. CONTACTS
A. For the Airport: Derek Ables, Airport Manager, Kenai Municipal Airport, 305 N.
Willow Street, Suite 200, Kenai, AK 99611, dables@kenai.city, 907.283.8282.
B. For GCT: Bob Lee, Owner/Operator, Greatland Consulting and Training LLC, 1461
Northview Dr. Unit 1-7, Anchorage, Alaska 99504,
bobleeakconsulting@gmail.com, 907.297.9141.
V. SPECIAL PROVISIONS
A. The scope and other terms of the agreement maybe modified at anytime by
mutual consent of the signatory parties.
B. Subject to Section II.(b)(E) above, the parties to this agreement agree to be
responsible for damages to their own property and injuries to their own
employees/volunteers, except for damages/injuries caused by the other party,
their agents, contractors, or officers.
C. This MOA maybe modified or amended as necessary upon written consent of all
parties or may be terminated by either party with a 30-day written notice to all
other parties.
V1. INSURANCE
GCT, independently or through its contractors shall obtain and maintain insurance,
in amounts not less than those listed below, by insurance companies with
acceptable industry ratings, so long as such company is not barred from insuring City
MOA between The City of Kenai and Greatland Consulting and Training LLC Page 3 of 4
Page 119
assets. All policies or endorsements shall, where possible, name the City as an
additional insured or a loss payee as appropriate. Contractor may not commence to
perform under this Agreement until all required insurance is in full force and effect
and approved by the City.
Contractor shall provide the City with certificates of insurance within thirty (30) days
of the effective date of this Agreement. The insurance shall be provided by a carrier
rated "A-" or better by A.M. Best.
Comprehensive general liability: combined single limit (death, bodily injury and
property damage (rented or leased property coverage)) $1.5 million
Professional liability: $1 million
Worker's Compensation: statutory minimum
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Agreement to be
executed as of the date of last signature below.
GREATLAND CONSULTING AND TRAINING LLC
CITY OF KENAI
Terry Eubank, City Manager Bob Lee, Owner/Operator
DATE
DATE
MOA between The City of Kenai and Greatland Consulting and Training LLC Page 4 of 4
City of Kenai
IL7'OV
000,
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Derek Ables, Airport Manager
DATE: February 9, 2024
SUBJECT: Action/Approval — Special Use Permit to Rebecca Boettcher, DBA: The
Fishing Grounds, LLC for Operation of a Snack/Gift Shop Inside the
Kenai Municipal Airport
Rebecca Boettcher, owner of The Fishing Grounds, LLC is requesting a Special Use Permit to
operate a snack/gift shop inside the terminal building, suite 120. This glass space consists of
approximately 341 square feet.
Ms. Boettcher is proposing to pay 15% commission based on monthly gross sales, plus applicable
sales tax.
Your support for a Special Use Permit to The Fishing Grounds, LLC is respectfully requested.
Attachments- Exhibit A, Exhibit B
Page 120
Page 121
Exhibit A
THIS DRAWING IS NOT TO SCALE
FWI NCE-CORTH ELL-BRYSON KENAI MUNICIPAL AIRPORT
JOB NO: REVISED: Plotted: 11/06/19 KENAI, ALASKA
Page 122
Kenai Municipal Airport
THE FISHING GROUNDS, LLC
Certified Activity Report
For the Month of , 20_ Date prepared
Monthly Sales: $
The Concessionaire will pay the City of Kenai the percentage fee (15%):
Monthly Gross Sales: $ x 15% _ $
Subtotal:
Sales Tax: (6% or $30 whichever is less)
Total Amount Due: (Must be paid by the 15th of the month)
Remit to: Kenai Municipal Airport
Suite 200
305 North Willow Street
Kenai, AK 99611
Other Information:
Gross Sales Attributed to a DBE:
Q
Q
Q
P9
Certification:
I hereby certify that the above is a true statement from the records of the following
business:
Business: The Fishing Grounds LLC
Address: 48585 Wendy Lane, Soldotna, Alaska 99669
Name:
Signature:
Date:
Rev.20230614 Exhibit B
Page 123
SPECIAL USE PERMIT 2024
The CITY OF KENAI (City) grants to Rebecca Boettcher with The Fishing Grounds, LLC
(Permittee), whose address is 48585 Wendy Ln, Soldotna, AK 99669 a Special Use Permit
(Permit) for a snack/gift shop inside the Kenai Municipal Airport terminal building subject
to the requirements and the conditions set forth below.
1. Premises. Permittee shall have the exclusive right to use suite 120, the area described
in the attached diagram (Exhibit A) for the uses identified in this Permit.
2. Term. The term of this Permit shall be for twelve months commencing on May 1,
2024 and ending on April 30, 2025. Regardless of the date of signature, this Permit shall be
effective as of May 1, 2024.
3. Permit Fees. Permittee shall pay the following fees for the privileges extended to
Permittee under this Permit: In -terminal Concession Certified Activity Report attached.
(Exhibit B)
Permittee shall pay fifteen (15) percent of gross sales, plus applicable sales tax.
Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo
Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport
Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. Failure to timely
make the payment is grounds for termination of this Permit.
4. Use. City authorizes Permittee's exclusive use of the Premises for the following
purpose(s):
Office space, Suite 120, consisting of approximately 341 square feet, located on the
first floor, terminal building, Kenai Municipal Airport, and as more particularly set
forth on Exhibit A to this Permit (the Premises).
Permittee is authorized to use the Premises for the following purposes only:
Snack/gift shop
Use of the Premises by Permittee is subject to the reasonable administrative actions of the
City of Kenai for the protection and maintenance of the Premises and of adjacent and
contiguous lands or facilities and is further subject to the following conditions:
Special Use Permit - (Office Space Suite 120) Page 1 of 7
Page 124
Permittee acknowledges that the use ,granted herein is subject to the Kenai Municipal Code
and municipal regulations governing the Kenai Municipal Airport and as those laws and
regulations may be amended from time to time.
Solicitation of donations or operation of a business or other commercial enterprise not
contemplated by this Permit is prohibited without the written consent of City.
5. Airport Operations. Permittee shall ensure that the Permittee, its employees, their
guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the
Airport, that perform any repairs or activities authorized under this Permit act in a manner
that ensures the safety of people and the Airport, the protection of public health and the
environment, and the safety and integrity of the Airport and any premises on the Airport.
Permittee shall employ qualified personnel and maintain equipment sufficient for the
purposes of this provision. The Permittee shall immediately notify City of any condition,
problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety
of persons using the Airport, the public health or the environment, or the safety or integrity
of any premises on the Airport.
6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the
right and authority to inspect, at any time for any purpose whatsoever, the Premises as well
as any and all equipment used by the Permittee under this Permit.
7. Coordination with Airport Management. Permittee shall coordinate all activities
on the Airport with Airport Management, or a designated representative, and shall abide
by all reasonable decisions and directives of the Airport Management regarding general
use of the Airport by Permittee.
8. Insurance. Permittee shall secure and keep in force adequate insurance, as stated
below, to protect City and Permittee. Where specific limits are stated, the limits are the
minimum acceptable limits. If Permittee's insurance policy contains higher limits, City is
entitled to coverage to the extent of the higher limits.
A. Commercial General Liability insurance, including premises, all operations,
property damage, personal injury and death, broad -form contractual, with a per -
occurrence limit of not less than $1,000,000 combined single limit. The policy must
include an endorsement under which the insurer extends coverage to Permittee's
fuel handling activities. The policy must name the City as an additional insured.
B. Worker's compensation insurance with coverage for all employees engaged
in work under this Permit or at the Premises as required by AS 23.30.045. Permittee
is further responsible to provide worker's compensation insurance for any
Special Use Permit - (Office Space Suite 120) Page 2 of 7
Page 125
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
C. Commercial Automobile Coverage with not less than $1,000,000 combined
single limit per occurrence. This insurance must cover all owned, hired, and non -
owned motor vehicles the Permittee uses on the Airport. The policy must name the
City as an additional insured.
D. All insurance required must meet the following additional requirements:
i. All policies will be by a company/corporation currently rated "A-" or
better by A.M. Best.
ii. Permittee shall submit to the City proof of continuous insurance
coverage in the form of insurance policies, certificates, endorsements,
or a combination thereof, and signed by a person authorized by the
insurer to bind coverage on its behalf.
iii. Permittee shall request a waiver of subrogation against City from
Permittee's insurer and the waiver of subrogation, where possible,
shall be provided at no cost to City.
iv. Provide the City with notification at least 30 days before any
termination, cancellation, or material change in insurance coverage of
any policy required hereunder.
V. Evidence of insurance coverage must be submitted to City by May 1,
2024. The effective date of the insurance shall be no later than May
1, 2024.
City may increase the amount or revise the type of required insurance on written demand
without requiring amendments to this Permit. City will base any increase or revision on
reasonable and justifiable grounds. Within two weeks of the written demand, Permittee
shall submit to City evidence of insurance coverage that meets the requirements of the City.
9. Assumption of Risk. Permittee assumes full control and sole responsibility as
between Permittee and City for the activities of Permittee, its personnel, employees, and
persons acting on behalf of or under the authority of the Permittee anywhere on the Airport.
Permittee shall provide all proper safeguards and shall assume all risks incurred in its
activities on and access to the Kenai Municipal Airport and its exercise of the privileges
granted in this Permit.
Special Use Permit - (Office Space Suite 120) Page 3 of 7
Page 126
10. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully
indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees,
and volunteers from and against all actions, damages, costs, liability, claims, losses,
judgments, penalties, and expenses of every type and description, including any fees and/or
costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees
and expenses incurred in enforcing this provision (hereafter collectively referred to as
"Liabilities"), to which any or all of them may be subjected, to the extent such Liabilities
are caused by or result from any negligent act or omission or willful misconduct of the
Permittee in connection with or arising from or out of Permittee's activities on or use of
the Premises, Permittee's access to the Kenai Municipal Airport, and/or Permittee's
exercise of the privileges granted in this Permit. This shall be a continuing obligation and
shall remain in effect after termination of this Permit.
11. No Discrimination. Permittee shall not discriminate against any person because of
the person's race, creed, color national origin, sex, age, or handicap. Permittee recognizes
the right of City to take any action necessary to enforce this requirement of the Permit.
Permittee will furnish services provided under this Permit on a reasonable, and not unjustly
discriminatory, basis to all users of the Airport and shall charge reasonable, and not
unjustly discriminatory, prices for each product or service provided at the Airport.
12. Licenses and Permits. Permittee shall obtain and maintain all required federal,
state, and local licenses, certificates, and other documents required for its operations under
the Permit. Permittee shall provide proof of compliance to City upon request by the City.
13. Compliance with Law/Grant Assurances. This Permit, and Permittee's activities
conducted under this Permit, is subject to all executive orders, policies and operational
guidelines and all applicable requirements of federal, state, and City statutes, ordinances,
and regulations in effect during the term of this Permit. Further, Permittee shall comply
with all applicable requirements imposed on the Airport by federal law to ensure that the
Airport's eligibility for federal money or for participation in federal aviation programs is
not jeopardized. This Permit is subordinate to the City's grant assurances and federal
obligations.
14. No Exclusivity. The privileges granted under this Permit are not exclusive to
Permittee. City has the right to grant to others any right or privilege on the Airport.
15. Assignment. The privileges granted under this Permit are personal to Permittee and
may not be assigned by Permittee.
Special Use Permit - (Office Space Suite 120) Page 4 of 7
Page 127
16. No Joint Venture. City shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises or
elsewhere at the Kenai Municipal Airport.
17. No Waiver. Failure to insist upon a strict compliance with the terms, conditions,
and requirements herein contained, or referred to, shall not constitute or be construed as a
waiver or relinquishment of the right to exercise such terms, conditions, or requirements.
18. Personal Property. Permittee shall remove any and all personal property,
including all vehicles, from the Premises at the termination of this Permit (or any renewal
thereof). Personal property placed or used upon the Premises will be removed and/or
impounded by the City, if not removed upon termination of this Permit and when so
removed and/or impounded, such property may be redeemed by the owner thereof only
upon the payment to the City of the costs of removal plus storage charges of $25 per day.
The City is not responsible for any damage to or theft of any personalty of Permittee or of
its customers.
19. Termination; Default. This Permit may be terminated by either party hereto by
giving fourteen (14) days advance written notice to the other party. City may terminate the
Permit immediately, or upon notice shorter than fourteen (14) days, to protect public health
and safety or due to a failure of Permittee to comply with conditions or terms of this Permit
which failure remains uncured after notice by City to Permittee providing Permittee with a
reasonable time period under the circumstances to correct the violation or breach.
20. Definitions. As used in this Permit, "Permittee" means Rebecca Boettcher with
The Fishing Grounds, LLC, and where the context reasonably indicates, its officers, agents,
and employees. "Airport" means the Kenai Municipal Airport.
18. Janitorial and Cleaning Services. Permittee will provide, at its own expense, the
day-to-day janitorial cleaning services and supplies necessary to maintain the premises in
a clean, neat, and sanitary condition.
19. Security. Permittee will adhere to all applicable responsibilities of the federal
airport security program set out in Federal Aviation Regulations Part 107 and the Airport
Master Security Program. Permittee will procure any required identification badges should
it be necessary to access the premises or Permittee's operations authorized under this
Permit.
20. Smoking. Neither the Permittee employees, nor customers may smoke in or around
the terminal except in designated smoking areas.
Special Use Permit - (Office Space Suite 120) Page 5 of 7
Page 128
21. Employee Parking. Employees may use non-exclusive employee vehicle parking
spaces at no charge. All employees must register their vehicle(s) in the Airport Manager's
office to receive a vehicle -parking permit to park while on the job. Permittee shall be held
accountable for Permittee's employees' use of designated vehicle parking facilities and
assure that employees comply with all Airport directives.
22. Signs. Permittee may, after consent by the Airport Manager, install signs at its
premises identifying its business. Permittee will request the Airport Manager's advance
written approval before installation of any signage.
CITY OF KENAI
By:
Terry Eubank Date
LOW
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
REBECCA BOETTCHER, THE
FISHING GROUNDS, LLC
Rebecca Boettcher Date
THIS IS TO CERTIFY that on this day of , 2024, the foregoing
instrument was acknowledged before me by Terry Eubank, City Manager, of the City of
Kenai, an Alaska municipal corporation, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
Special Use Permit - (Office Space Suite 120) Page 6 of 7
Page 129
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2024, the foregoing
instrument was acknowledged before me by Rebecca Boettcher, Owner, The Fishing
Grounds, LLC.
Notary Public for Alaska
My Commission Expires:
Approved as to form:
Scott Bloom
City Attorney
Special Use Permit - (Office Space Suite 120) Page 7 of 7
City of Kenai
IL7'OV
000,
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO:
City Council Members
FROM:
Mayor Gabriel
DATE:
February 12, 2024
SUBJECT:
Cook Inlet Regional Citizens Advisory Council — Kenai Seat
Nomination
On December 18, the City received a letter from the Cook Inlet Regional Citizens Advisory Council
(CIRCAC) notifying us that the Board of Directors seat representing the City of Kenai was set to
expire April 2024. Please confirm the following appointment:
Cook Inlet Regional Citizens Advisory Council Board of Directors
• John Williams, City of Kenai Representative — 3-Year Term
Your consideration is appreciated.
Page 130
COOK INLET
Members
Tourism
Group
Alaska Native
Group
Environmental
Group
Recreation
Group
Aquaculture
Associations
Commercial
Fishing Group
City of Kodiak
City of Kenai
City of Seldovia
City of Homer
Municipality of
Anchorage
Kodiak Island
Borough
Kenai Peninsula
Borough
"The mission of the Council is to represent the citizens of Cook Inlet in promoting environmen Page 131
safe marine transportation and oil facility operations in Cook Inlet."
December 18, 2023
Hon. Mr. Brian Gabriel
Mayor
210 Fidalgo Ave.
Kenai, AK 99611
Mr. Gabriel:
I am writing to advise you that the current term of the seat representing the City of
Kenai on the Cook Inlet Regional Citizens Advisory Council (CIRCAC) Board of
Directors, currently filled by Mr. John Williams is set to expire in April 2024 at the
CIRCAC Annual Meeting.
The Oil Pollution Act of 1990 identifies stakeholder groups to be represented on
the Council, and our Policies define a procedure for conducting the stakeholder
group election or appointment process. This letter of notification is part of that
process.
Other stakeholder groups are being notified today as well. Upcoming steps in the
process will include a call for nominations, and a formal ballot. In addition, CIRCAC
takes this annual opportunity to advertise to seek membership from individual
organizations active in all of the identified stakeholder groups.
Please don't hesitate to reach out should you have any questions or comments
regarding this process; please contact me by email (shayloncochran(@circac.org) or
cell phone - 907-283-7222.
Speaking on behalf of the Board and staff, we value and appreciate your time and
commitment to the mission of CIRCAC.
Sincerely,
Shaylon Cochran
Director of Communications and Public Outreach
Cc: John Williams
Cook Inlet Regional Citizens Advisory Council * 8195 Kenai Spur Hwy, Kenai, AK 99611-8033
Phone: (907) 283-7222 * Fax (907) 283-6102
www. circac. org
City of Kenai
IL7'OV
000,
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Kenai Council Members
THROUGH: Shellie Saner, City Clerk
FROM: Meghan Thibodeau, Deputy City Clerk
DATE: February 13, 2024
SUBJECT: Marijuana License Renewal — Grateful Bud
The following establishment submitted an application to the Alcohol and Marijuana Control Office
(AMCO) for a renewal of marijuana license:
Applicant: Grateful Bud, LLC
D/B/A: Grateful Bud, LLC
License Type: Limited Marijuana Cultivation Facility
License No: 16474
Pursuant to KMC 2.40 a review of City accounts has been completed and the applicant has
satisfied all obligations to the City. With the approval of Council, a letter of non -objection to the
marijuana license renewal will be forwarded to AMCO and applicant.
Your consideration is appreciated.
Page 132
THE STATE
01ALASKA
GOVERNOR MIKE DUNLEAVY
January 2, 2024
Page 133
Department of Commerce, Co ,
and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 71" Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
From: mariivana.licensing@alaska.gov; amco.localgovernmentonly@alaska.gov
Licensee: GRATEFUL BUD LLC
DBA: GRATEFUL BUD LLC
VIA email: gratefulbudllc@gmail.com
CC: n/a
Local Government 1: Kenai Peninsula Borough
Local Government 2: City of Kenai
Via Email: micheleturner@kpb.us; tward@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us;
mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jbeauchamp@kpb.us;
cityclerk@kenai.city
Community Council: n/a
Via Email:
CC: n/a
BCC: amco.admin@alaska.gov
Re: Retail Marijuana Store #16474 Combined Renewal Notice
License Number:
#16474
License Type:
Marijuana Retail Store
Licensee:
GRATEFUL BUD LLC
Doing Business As:
GRATEFUL BUD LLC
Physical Address:
1817 Sunset Blvd
Kenai, AK 99611
Designated Licensee:
Richard Huffman
Phone Number:
907-283-2837
Email Address:
gratefulbudllc@gmail.com
® License Renewal Application
Dear Licensee:
❑ Endorsement Renewal Application
Page 134
After reviewing your renewal documents, AMCO staff has deemed the application complete for the purposes
of 3 AAC 306.035(c).
Your application will now be sent electronically, in its entirety, to your local government, your community
council (if your proposed premises is in Anchorage or certain locations in the Mat -Su Borough), and to any
non-profit agencies who have requested notification of applications. The local government has 60 days to
protest your application per 3 AAC 306.060.
At the May 15, 2017 Marijuana Control Board meeting, the board delegated to AMCO Director the
authority to approve renewal applications. However, the board is required to consider this application
independently if you have been issued any notices of violation for this license, if your local government
protests this application, or if a public objection to this application is received within 30 days of this notice
under 3 AAC 306.065.
If AMCO staff determines that your application requires independent board consideration for any reason,
you will be sent an email notification regarding your mandatory board appearance. Upon final approval,
your 2023/2024 license will be provided to you during your annual inspection. If our office determines that
an inspection is not necessary, the license will be mailed to you at the mailing address on file for your
establishment.
Please feel free to contact us through the mariluana.licensing@alaska.gov email address if you have any
questions.
Dear Local Government:
AMCO has received a complete renewal application and/or endorsement renewal application for a
marijuana establishment within your jurisdiction. This notice is required under 3 AAC
306.035(c)(2). Application documents will be sent to you separately via ZendTo.
To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and
the applicant with a clear and concise written statement of reasons for the protest within 60 days of the
date of this notice, and provide AMCO proof of service of the protest upon the applicant.
3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a
marijuana establishment license unless the board finds that a protest by a local government is arbitrary,
capricious, and unreasonable. If the protest is a "conditional protest" as defined in 3 AAC 306.060(d)(2)
and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control
Board may approve the license renewal, but require the applicant to show to the board's satisfaction that
the requirements of the local government have been met before the director issues the license.
At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the
authority to approve renewal applications with no protests, objections, or notices of violation. However, if
a timely protest or objection is filed for this application, or if any notices of violation have been issued for
this license, the board will consider the application. In those situations, a temporary license will be issued
pending board consideration.
If you have any questions, please email amco.localgovernmentonly@alaska.gov.
Dear Community Council (Municipality of Anchorage and Mat -Su Borough only)
AMCO has received a complete renewal application for the above listed license within your jurisdiction. This notice
is required under 3 AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo.
Page 135
To object to the approval of this application pursuant to 3 AAC 306.065, you must furnish the director and
the applicant with a clear and concise written statement of reasons for the objection within 30 days of the
date of this notice. We recommend that you contact the local government with jurisdiction over the
proposed premises to share objections you may have about the application.
At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the
authority to approve renewal applications with no protests, objections, or notices of violation. However, if
a timely protest or objection is filed for this application, or if any notices of violation have been issued for
this license, the board will consider the application independently. In those situations, a temporary license
will be issued pending board consideration.
If you have any questions, please email mariivana.licensing@alaska.gov.
Sincerely,
Joan M. Wilson, Director
907-269-0350
Action History (UTC-08:00) Pacific Time (US & Canada)
Page 136
Submit by Meghan Thibodeau 1/3/2024 10:14:50 AM (Form Submission)
Approve by David Ross 1/3/2024 12:57:42 PM (Police Department Review)
• The task was assigned to David Ross. The due date is: January 12, 2024 5:00 PM
1/3/2024 10:14:51 AM
Approve by Tina Williamson 1/3/2024 1:24:59 PM (Finance Asst Review)
• The task was assigned to Tina Williamson. The due date is: January 12, 2024 5:00 PM
1/3/2024 10:14:51 AM
Approve by Cindy Herr 1/3/2024 1:30:21 PM (Legal Asst Review)
• There are no monies owed in Restitution or Citation Fines.
• The task was assigned to Cindy Herr. The due date is: January 12, 2024 5:00 PM 1/3/2024 10:14:51 AM
Approve by Jeremy Hamilton 1/5/2024 3:10:34 PM (Fire Marshall Review)
• The task was assigned to Jeremy Hamilton. The due date is: January 12, 2024 5:00 PM
1/3/2024 10:14:50 AM
Approve by Linda Mitchell 2/12/2024 11:18:00 PM (Lands Review)
• The task was assigned to Linda Mitchell. The due date is: January 12, 2024 5:00 PM
1/3/2024 10:14:51 AM
Approve by Linda Mitchell 2/12/2024 11:27:53 PM (P&Z Department Review)
• Notice of Renewal Letter from State of Alaska AMCO states the license type is retail (clerical error),
the application and license number according to AMCO system shows it is for limited cultivation,
which is consistent with the approved Conditional Use Permit.
• The task was assigned to Linda Mitchell. The due date is: February 21, 2024 5:00 PM
2/12/2024 11:18:02 PM
Approve by Scott Bloom 2/13/2024 8:57:06 AM (Legal Review)
• The task was assigned to Scott Bloom. The due date is: February 21, 2024 5:00 PM
2/12/2024 11:18:02 PM
Approve by David Swarner 2/13/2024 9:15:47 AM (Finance Review)
• The task was assigned to David Swarner. The due date is: February 21, 2024 5:00 PM
2/12/2024 11:18:02 PM
Approve by Donald Hendrickson 2/13/2024 11:50:52 AM (Building Official Review)
• The task was assigned to Donald Hendrickson. The due date is: January 12, 2024 5:00 PM
1/3/2024 10:14:50 AM
AMCO License Application
Page 137
Date
1 /3/2024
Establishment Information
License Type
Limited Marijuana Cultivation Facility
Licensee
Grateful Bud LLC
Doing Business As
Grateful Bud LLC
Premises Address
1817 Sunset Blvd
Contact Information
Contact Licensee
Richard Huffman
Contact Phone No.
907-283-2837
Additional Contact Information
Name
City, State
Kenai, AK
Contact Email
gratefulbudllc@gmail.com
Phone No. Email
Documents
File Upload
#16474 DBA GRATEFUL BUD LLC Combined MJ Renewal Notice.pdf 306.93KB
16474 - Grateful Bud LLC x15 (tax delinquency no response).pdf 232.22KB
16474 - Grateful Bud LLC x16 (tax delinquency no response).pdf 232.15KB
16474 MJ-20.pdf 2.49MB
16474 Online Applicatoin.pdf 144.28KB
NOV explanation 2023-24 renewal.pdf 68.63KB
01, & Dt'lR�� Alcohol and Marijuana Con Page 138
550 W 711 Avenue, Suite 1600
�y Anchorage, AK 99501
AMCU mariluana.licensinp(@alaska.gov
https://www.commerce.aiaska.gov/web/amco
Alaska Marijuana Control Board Phone: 907 269,0350
Form MJ-20: 2023-2024 Renewal Application Certifications
ROL Of
Why is this form needed?
This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person
signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and
3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.015(e)(1)) in
the business for which a marijuana establishment license is issued, per 3 AAC 306.015(a).
This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in
3 AAC 306.020(b)(2)) before any license renewal application will be considered complete.
Section 1 - Establishment Information
Enter information for the licensed estahlichmant a-� iriantifiad nn tha liranca annliratinn
Licensee:
Grateful Bud LLC
License Number:
116474
LicenseType:
Limited Cultivation
Doing Business As:
Grateful Bud LLC
Premises Address:
1817 Sunset Blvd
City:
Kenai I
state:
AK I
ZIP:
99611
Section 2 - Individual Information
Inter information for the individual licensee who is completing this Corm.
Name: Richard Huffman
Title: Member
Section 3 - Violations & Charges
Read each line below, and then sign your initials in the box to the right of any applicable statements:
Initials
I certify that I have not been convicted of any criminal charge in the previous two calendar years.
I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years.
I certify that a notice of violation has not been issued for this license between July 1, 2022 and June 30, 2023.
Sign your initials to the following statement only if you are unable to certify one or more of the above statements: Initials
I have attached a written explanation for why I cannot certify one or more of the above statements, which includes W
the type of violation or offense, as required under 3 AAC 306.035(b).
[Form MJ-201 (rev 5/1/2023) Page 1 of 2
AMCO Rcvd 9/8/2023
`�bR"1yy Page 139
,,, Alaska Marijuana Control Board
AMCO
Form MJ-20: 2023-2024 Renewal Application Certifications
Section 5 - Certifications
Read each line below, and then sign your initials in the box to the right of each statement:
I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct
or indirect financial interest, as defined in 3 AAC 306.015(e)(1), in the business for which the marijuana establishment E
license has been issued.
I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit
(MJ-20a) along with this application.
I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or
other law in the state.
I certify that the license is operated in accordance with the operating plan currently approved by the
Marijuana Control Board.
I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and
requirements pertaining to employees.
I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been
operated in violation of a condition or restriction imposed by the Marijuana Control Board.
Initials
Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain r------
criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.035(d). If
have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana
licenses being renewed.
If multiple licenses are held, list all license numbers below:
I hereby certify that I am the person herein named and subscribing to this application and that I have read the
complete application, and I know the full content thereof. I declare that all of the information contained herein, and
evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation
of any item or response in this application, or any attachment, or documents to support this application, is sufficient
grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska
Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification.
y ►' L Il �{ ��lr�i �— — —
Printed name of licensee Sign iture of licensee
[Form MJ-20] (rev 5/1/2023) 16474 Page 2 of 2
Licensed AMCO Rcvd 9/8/2023
Thursday, January 25, 2024
Sent via email: cityclerk@kenai.city
Ms. Shellie Saner, City Clerk
City of Kenai
RE: Renewal Application for Limited Marijuana Cultivation Facility
Business Name
License Location
License No.
Dear Ms. Saner,
Grateful Bud LLC
Kenai/1817 Sunset Blvd, Kenai, AK 99611
16474
Michele Turner, CIVIC
Borough Clerk
This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced
application and has no objection to the issuance of the license.
Should you have any questions, or need additional information, please don't hesitate to let us
know.
Sincerely,
4,W�,61VA
Michele Turner, CMC
Borough Clerk
cc: gratefulbudllc@gmail.com
amco.localgovernmentonly@alaska.gov
Page 141
KENAI
CITY OF KENAI
ORDINANCE NO. 3400-2024
Sponsored by: Administration
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT
LAND SALE PERMANENT FUND TO TRANSFER EARNINGS IN EXCESS OF BUDGETED AMOUNTS
TO THE CITY'S AIRPORT FUND.
WHEREAS, Kenai Municipal Code 7.30.010 established a fund to account for the proceeds from sale of
land deeded to the City by the US Government for the benefit of the Kenai Municipal Airport; and,
WHEREAS, Kenai Municipal Code 7.30.020(a)(5) provides for appropriations from the Airport Land Sale
Permanent Fund at 3.8% or 4.2% of the funds five-year, December 31s' fair market value depending on
the inflation adjusted principal balance; and,
WHEREAS, the 2023 year-end market value of the fund was $28,316,544, the 2023 year-end inflation
adjusted balance was $31,302,494, and the fund's five-year year-end average market value was
$28,042,585; and,
WHEREAS, as the five-year, year-end market value was less than the inflation adjusted balance at
December 31,2023, the FY2024 annual transfer is limited to 3.8% pursuant to KMC 7.30.020(a)(5); and,
WHEREAS, the allowable transfer for FY2024, 3.8% of the five-year, year-end market value, is
$1,065,518 and the FY2024 budgeted transfer from the Airport Land Sale Permanent Fund was
$1,053,636 meaning the actual transfer can be $11,983 more than budgeted and increasing the transfer
amount to the maximum amount is in the City's best interest.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the estimated revenues and appropriations in the Airport Land Sale Permanent Fund
be increased as follows:
Airport Land Sale Permanent Fund:
Increase Estimated Revenues —
Investment Earnings $11,983
Increase Appropriations —
Transfer to Airport Fund $11,983
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.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3400-2024
Page 2 of 2
Page 142
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6T" DAY OF MARCH, 2024.
ATTEST:
Michelle M. Saner, MMC, City Clerk
Approved by Finance:
Brian Gabriel Sr., Mayor
Introduced: February 21, 2024
Enacted: March 6, 2024
Effective: March 6, 2024
New Text Underlined; [DELETED TEXT BRACKETED]
City of Kenai
IL7'OV
000,
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Dave Swarner, Finance Director
DATE: February 21, 2024
SUBJECT: Ordinance No. 3400-2024 — ALSPF Appropriation Increase
The Purpose of this memo is to recommend passage of Ordinance 3400-2024. This Ordinance
will increase the authorized transfer amount from the Airport Land Sale (ALSPF) to the City's
Airport Fund for FY24. This increase amount is possible because earnings were higher that
projected for calendar year 2023.
ALSPF
Pursuant to KMC 7.30.020 (a) (5) the annual transfer from the ALSPF will be based upon the five
(5) year average of the fund's calendar year end market value. An amount not to exceed three
and four -fifths percent of the five-year average market value may be distributed if the average
market value is less than the fund's inflation adjusted principal balance. An amount not to exceed
four and one -fifth percent of the five-year average market value may be distributed if the average
market value is greater than the funds inflation adjusted principal balance.
The December 31, 2023 5-year average market value of the portfolio ($28,042,585) was below
the inflation adjusted principal ($31,302,494), thus the allowable transfer is limited to the lower
bound of the spending rate (3.8%). The 2023 allowable transfer based upon this calculation is
$1,065,518.
The FY24 budgeted transfer amount was $1,053,635. This Ordinance will increase the budgeted
transfer amount to the maximum value of $1,065,518, an increase of $11,983.
Your support for Ordinance 3400-2024 is respectfully requested.
Page 143
Page 144
KENAI
CITY OF KENAI
ORDINANCE NO. 3401-2024
Sponsored by: Administration
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL
LAND SALE PERMANENT FUND TO TRANSFER EARNINGS IN EXCESS OF BUDGETED AMOUNTS
TO THE CITY'S GENERAL FUND.
WHEREAS, Article 5, Section 5-11 of the City's Charter, requires the proceeds from the Sales of the City
owned, non -trust lands be deposited in a separate fund, the General Land Sale Permanent Fund, and
allows for the investment earnings to be used for any lawful purpose but prohibits the expending of the
proceeds from land sales; and,
WHEREAS, the General Land Sale Permanent Fund's 2023 year ending market value of $3,654,494 was
an increase of $414,376 from December 31, 2022 balance; and,
WHEREAS, the allowable transfer to the General Fund for operations is limited to 4% annually and
excess earnings are reserved to supplement spending when portfolio earnings are less than the 4% limit
in any given year; and,
WHEREAS, the December 31, 2023 earnings reserve balance was $173,382, thus the FY2024 transfer
is limited to $146,180 (4% of the Fund's value); and,
WHEREAS, after deducting the FY2024 allowable transfer, the earnings reserve balance will be $27,202;
and,
WHEREAS, the FY2024 budgeted transfer from the General Land Sale Permanent Fund was $138,209,
meaning the actual can be $7,971 more than budgeted, and increasing the transfer amount to the
maximum amount is in the City's best interest.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the estimated revenues and appropriations in the General Land Sale Permanent
Fund be increased as follows:
General Land Sale Permanent Fund:
Increase Estimated Revenues —
Investment Earnings $7. 771
Increase Appropriations —
Transfer to General Fund $7.971
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
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3401-2024
Page 2 of 2
Page 145
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 6T" DAY OF MARCH, 2024.
ATTEST:
Michelle M. Saner, MMC, City Clerk
Approved by Finance: J�
Brian Gabriel Sr., Mayor
Introduced: February 21, 2024
Enacted: March 6, 2024
Effective: March 6, 2024
New Text Underlined; [DELETED TEXT BRACKETED]
L
I000,
City of Kenai
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Dave Swarner, Finance Director
DATE: February 13, 2024
SUBJECT: Ordinance No. 3401-2024 — GLSPF Appropriation Increase
The purpose of this memo is to recommend passage of Ordinance 3401-2024. This Ordinance
will increase the authorized transfer amount from the General Ledger Sale (GLSPF) to the City's
General Fund for FY24. This increased amount is possible because earnings were higher than
projected for calendar year 2023.
GLSPF
Pursuant to KMC 7.30.020 (a) (6) the annual transfer from the GLSPF shall be limited to the lesser
of the cumulative earnings at calendar year end for the fund or four percent (4%) of the fund's fair
market value as of December 31s' of each year. "Cummulative Earnings" is defined as the market
value at calendar year end minus the fund's inflation adjusted principal balance.
The December 31, 2023 market value of the GLSPF was $3,654,494 with cumulative earnings of
$173,382.
December 31, 2023
Market Value $3,654,494
4% of Market Value $ 146,180
Cumulative Earnings $ 173,382
FY24 Allowable Transfer $ 146,180
Th FY24 budgeted transfer amount was $138,209. This Ordinance will increase the budgeted
transfer amount to the maximum value of $146,180, an increase of $7,971.
Your support for Ordinance 3401-2024 is respectfully requested.
Page 146
L
I000,
City of Kenai
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: February 15, 2024
SUBJECT: Action/Approval — Special Use Permit to Nilchil Solutions, LLC for an
Off -Premise Sign on City -Owned Property Described as Tract B, Gusty
Subdivision Addition No. 2 Located at 11631 Kenai Spur Highway
Jennifer Yeoman, a managing member for Nilchil Solutions, LLC ("Nilchil Solutions") has
requested a Special Use Permit (SUP) to install an off -premise sign on city -owned property
described as Tract B, Gusty Subdivision Addition No. 2 located at 11631 Kenai Spur Highway.
The request seeks to provide optimal visibility for a freestanding sign along the Kenai Spur
Highway for a business located on the adjacent parcel owned by Nilchil Solutions at 11595 Kenai
Spur Highway. Off -premise signs are not permitted in any zoning districts. On December 27,
2023, Planning and Zoning (P&Z) Commission approved Resolution PZ2023-25 granting a
variance permit to allow an approximately 75 square foot off -premise sign, not to exceed 18 feet
in height subject to the listed conditions of approval.
The applicant has requested a start date of May 1, 2024. The proposed permit fee is $500.00 plus
applicable sales tax for one (1) year from May 1, 2024 through April 30, 2025.
Pursuant to Kenai Municipal Code (KMC) Section 22.02.130 Special use permits, City Council
may authorize the City Manager to grant special use permits for the temporary use of real property
owned by the City for a period not to exceed one (1) year, without appraisal of the value of the
property of public auction, for any purpose compatible with the zoning of the land, and on such
terms and for such rentals as the Council shall determine. P&Z Commission has made the findings
to grant the variance permit, which meets the intent of the Central Mixed Use (CMU) zoning
district. Furthermore, the P&Z Commission has placed a condition to minimize any visual
obstructions or interference with any future right-of-way expansions (see Condition 2 of
Resolution PZ2023-25). In the Land Management Plan, the subject parcel is recommended for
disposal to encourage development. The requested SUP is consistent with KMC Section
22.02.130, Kenai Zoning Code, and Comprehensive Plan — Goal 2: Economic Development.
If the City Council approves the Special Use Permit, the City Manager will be authorized to
execute a Special Use Permit Agreement for the installation of an off -premise sign for one (1)
year to Nilchil Solutions, LLC.
Page 147
Page 148
Thank you for your consideration.
Attachments
Aerial Map
Resolution PZ2023-25 — Variance Permit for Off -Premise Sign
Staff Report for Variance Permit
Page 2 of 2
(Cj- The City of Kenai I www.kenai.city
Page 149
Special Use Permit
Off -Premise Sign
11631 Kenai Spur Highway
11631
11595 KENAI SPUR HWY
Subject Property
Business Location
"Clinic"
Q Parcels
- Airport Light
Industrial
Suburban Residential
Central Commercial _
Central Mixed Use
Source: Esri� Maxar, Ea
Townsite Historic
Date Printed: 2/15/2024
N Map for Reference Only
NOT A LEGAL DOCUMENT
0 100 200 400 Feet
Page 150
KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-25
A RESOLUTION GRANTING THE APPLICATION FOR A VARIANCE PERMIT FOR AN OFF -
PREMISE SIGN.
APPLICANTS: Jennifer Yeoman and Jason Yeoman
PROPERTY ADDRESS: 11631 Kenai Spur Highway
LEGAL DESCRIPTION: Tract B, Gusty Subdivision Addition No. 2
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04716002
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code (KMC)
14.20.185(c) was submitted to the City on November 30, 2023; and,
WHEREAS, the applicant has demonstrated that the prerequisites of a variance permit have been
met pursuant to KMC 14.20.180(b); and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing, following requirements outlined in KMC 14.20.280 for public hearings and
notifications.
WHEREAS, the Planning and Zoning Commission finds the criteria are met as set forth in KMC
14.20.180(c):
1. Special conditions or circumstances are present which are peculiar to the land or
structures involved which are not applicable to other lands or structures in the same land
use or zoning district.
Findings: The existing medical clinic ("clinic") is located at 11595 Kenai Spur Highway,
known as Tract A-1, Shadura Subdivision Nichil Addition. The clinic is currently
established on a parcel that records show it was first platted under Shadura Subdivision
(Plat No. K-831) in 1961. Subsequently, several replats have been recorded on the
parcel with the clinic but the overall property lines of the parcel have remained the same
(see attached plats). The parcel with the clinic is setback at least 86 feet away from
Kenai Spur Highway compared to other adjacent parcels with street frontage along
Kenai Spur Highway. Therefore, the clinic is on a parcel with a unique site development
that are not similar to surrounding parcels with primary access off of Kenai Spur
Highway
Page 151
Resolution No. PZ2023-25
Page 2 of 3
As expressed by the applicant, they have sought various options and concluded there is
not a practical place on the subject parcel to place a sign for the clinic with reasonable
visibility.
2. The special conditions or circumstances have not been caused by actions of the applicant
and such conditions and circumstances do not merely constitute pecuniary hardship or
inconvenience.
Findings: Staff finds the requested variance is not intended to redress a pecuniary
hardship or inconvenience by the applicant; rather, it would address a non -pecuniary
hardship to persons who visit the clinic for services.
3. The granting of the variance shall not authorize a use that is not a permitted principal use
in the zoning district in which the property is located.
Findings: The proposed off -premise sign is intended to promote and identify the existing
clinic, which is a permitted use in the Central Mixed Use (CMU) zoning district. The existing
use is under construction for expansion. Therefore, the existing use will be compliant with
the zoning district.
4. The granting of a variance shall be the minimum variance that will provide for the
reasonable use of the land and/or structure.
Findings: The granting of the variance will allow an off -premise sign to be installed on
11631 Kenai Spur Highway, that would meet setbacks, height, and size requirements. The
proposed sign face for the off -premise sign would be approximately 75 square feet,
approximately 18-foot tall and at least 10 feet from the east property line due to an existing
utility easement. In the CMU zone, it does not state a minimum setback from property
lines; however due to the layout of the right-of-way, staff is recommending that a minimum
20-foot setback is required from the northeast corner and 10-feet setback from the street
frontage along Kenai Spur Highway on the parcel with the off -premise sign to minimize
any visual obstructions or interference with any future ROW expansion. Within proximity
of the subject parcel, there is an existing pole sign, currently displaying "Coffee Time"
along Kenai Spur Highway. If the business was located on 11631 Kenai Spur Highway,
the proposed sign would be permitted without a variance permit. Therefore, the variance
request would not provide relief beyond what would be allow if it was an on -premise sign.
5. The granting of a variance shall not be based upon other nonconforming land uses or
structures within the same land use or zoning district.
Findings: The business location presents its own unique circumstance due to how it was
originally platted and how the right-of-way of Kenai Spur Highway has changed overtime.
Staff finds that the granting of this variance permit is not based upon other non -conforming
land uses or structures within the same land use or zoning district.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That the request for a variance permit is granted for an approximately 75 square foot
off -premise sign, not to exceed 18 feet in height, on the parcel located at 11631 Kenai
Spur Highway and described as Tract B, Gusty Subdivision Addition No. 2.
Page 152
Resolution No. PZ2023-25
Page 3 of 3
Section 2. That the variance permit is subject to the following conditions:
1. Applicant(s) must comply with all federal, State of Alaska, and local regulations.
2. The off -premise sign must be located a minimum 20-foot setback from the northeast
corner and 10-foot setback from the street frontage along Kenai Spur Highway.
3. Prior to the installation of an off -premise sign on City -owned property, the applicant(s)
must obtain approval from the City of Kenai City Council.
4. Applicant(s) must obtain a sign permit issued by the Building Official.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 27TH DAY OF DECEMBER, 2023.
l r�
JEFYTWAIT, CHAIRPERSON
ATTEST:
Meghan Thibodeau, Deputy City Clerk
Page 153
STAFF REPORT
� PLANNING &ZONING DEPARTMENT
KF-NA1
TO: Planning and Zoning Commission
THROUGH: Linda Mitchell, Planning Director
DATE: December 22, 2023
SUBJECT: Resolution No. PZ2023-25 - Variance Permit - Off -Premise Sign
Request The applicant is requesting for a variance permit to obtain relief from
the sign ordinance for an off -premise sign.
Staff Adopt Resolution No. PZ2023-25 approving a variance permit to allow
Recommendation an off -premise sign at 11631 Kenai Spur Highway.
Applicants: Jennifer Yeoman
Jason Yeoman
Property Owner: City of Kenai
Legal Description: Tract B, Gusty Subdivision Addition No. 2
Property Address: 11631 Kenai Spur Highway
KPB Parcel No.: 04716002
Business Location: 11595 Kenai Spur Highway
Zoning: Central Mixed Use (CMU)
Current Use: Vacant Lot
Land Use Plan: Central Commercial
SUMMARY
Jennifer Yeoman and Jason Yeoman have requested a variance permit to install an off -premise
sign at 11631 Kenai Spur Highway, which is a City -owned property. The off -premise sign would
be an internally illuminated pole sign with an approximately 75 square foot sign face and
approximately 18-foot tall. The off -premise sign would promote and identify the medical clinic,
known as Odyssey Family Practice on the adjacent parcel at 11595 Kenai Spur Highway. Kenai
Municipal Code (KMC) Section 14.20.220 Signs, off -premise signs are not permitted in the Central
Page 154
Mixed Use (CMU) zoning district. The applicants are requesting a variance permit to install an off -
premise sign, where there is better visibility and not adversely impact the access areas of the
business location.
In order to install the pole sign on a City -owned property, the applicant(s) must obtain a Special
Use Permit or lease the property from the City.
ANALYSIS
Pursuant to KMC 14.20.180(a), the intent of a variance permit is to provide relief to the
development requirements of KMC Chapter 14.20 when the literal enforcement would deprive a
property owner of the reasonable use of his/her real property.
Prior to granting a variance permit, the Commission shall find that all of the conditions have been
met as set forth in KMC 14.20.180(c) [Variance Permit] Review Criteria.
Criteria 1: Special conditions or circumstances are present which are peculiar to the
land or structures involved which are not applicable to other lands or structures in the
same land use or zoning district.
Findings: The existing medical clinic ("clinic") is located at 11595 Kenai Spur Highway, known
as Tract A-1, Shadura Subdivision Nichil Addition. The clinic is currently established on a
parcel that records show it was first platted under Shadura Subdivision (Plat No. K-831) in
1961. Subsequently, several replats have been recorded on the parcel with the clinic but the
overall property lines of the parcel have remained the same (see attached plats). The parcel
with the clinic is setback at least 86 feet away from Kenai Spur Highway compared to other
adjacent parcels with street frontage along Kenai Spur Highway. Therefore, the clinic is on a
parcel with a unique site development that are not similar to surrounding parcels with primary
access off of Kenai Spur Highway.
As expressed by the applicant, they have sought various options and concluded there is not
a practical place on the subject parcel to place a sign for the clinic with reasonable visibility.
Criteria 2: The special conditions or circumstances have not been caused by actions
of the applicant and such conditions and circumstances do not merely constitute
pecuniary hardship or inconvenience.
Staff finds the requested variance is not intended to redress a pecuniary hardship
or inconvenience by the applicant; rather, it would address a non -pecuniary hardship to
persons who visit the clinic for services.
Criteria 3: The granting of the variance shall not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
Finding-, The proposed off -premise sign is intended to promote and identify the existing
clinic, which is a permitted use in the Central Mixed Use (CMU) zoning district. The existing
use is under construction for expansion. Therefore, the existing use will be compliant with the
zoning district.
Resolution No. PZ2023-25
Variance Permit
Off -Premise Sign Page 2 of 4
Page 155
Criteria 4: The granting of a variance shall be the minimum variance that will provide
for the reasonable use of the land and/or structure.
The granting of the variance will allow an off -premise sign to be installed on 11631
Kenai Spur Highway, that would meet setbacks, height, and size requirements. The proposed
sign face for the off -premise sign would be approximately 75 square feet, approximately 18-
foot tall and at least 10 feet from the east property line due to an existing utility easement. In
the CMU zone, it does not state a minimum setback from property lines; however due to the
layout of the right-of-way, staff is recommending that a minimum 20-foot setback is required
from the northeast corner and 10-feet setback from the street frontage along Kenai Spur
Highway on the parcel with the off -premise sign to minimize any visual obstructions or
interference with any future ROW expansion. Within proximity of the subject parcel, there is
an existing pole sign, currently displaying "Coffee Time" along Kenai Spur Highway. If the
business was located on 11631 Kenai Spur Highway, the proposed sign would be permitted
without a variance permit. Therefore, the variance request would not provide relief beyond
what would be allow if it was an on -premise sign.
Criteria 5: The granting of a variance shall not be based upon other nonconforming
land uses or structures within the same land use or zoning district.
Finding : The business location presents its own unique circumstance due to how it was
originally platted and how the right-of-way of Kenai Spur Highway has changed overtime. Staff
finds that the granting of this variance permit is not based upon other non -conforming land
uses or structures within the same land use or zoning district.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the variance permit
were mailed to property owners within a three hundred -foot (300) periphery of the subject
property. The notice of the public hearing was published in the Peninsula Clarion on December
20, 2023, and the public hearing sign was posted on the premise.
STAFF RECOMMENDATION
Staff finds that the approximately 75 square foot off -premise sign, not to exceed 18 feet in height,
on the parcel located at 11631 Kenai Spur Highway and described as Tract B, Gusty Subdivision
Addition No. 2 meets the criteria for issuance of a variance permit as set forth in Kenai Municipal
Code Section 14.20.180(c), and hereby recommends that the Planning and Zoning Commission
approve the variance permit, subject to the following conditions:
1. Applicant must comply with all federal, State of Alaska, and local regulations.
2. The off -premise sign must be located a minimum 20-foot setback from the northeast
corner and 10-foot setback from the street frontage along Kenai Spur Highway.
3. Prior to the installation of an off -premise sign on City -owned property, the applicant(s)
must obtain approval from the City of Kenai City Council.
4. Applicant must obtain a sign permit issued by the Building Official.
Resolution No. PZ2023-25
Variance Permit
Off -Premise Sign Page 3 of 4
Page 156
ATTACHMENTS
Location Map
Application Submittal
Shadura Subdivision (Plat No. K-831)
Lots 1 and 2, Within Tract A of the Shadura Subdivision (Plat No. K-1356)
Shadura Subdivision Nichil Addition (Plat No. 2019-54)
Resolution No. PZ2023-25
Variance Permit
Off -Premise Sign Page 4 of 4
KENAI
- -17ww � ;,
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N
0 125 250
Page 157
Resolution PZ2023-25
Variance Permit for Off -Premise Sign
11631 Kenai Spur Highway
M
.9
11631 KFNA.I SPUR HWY
11595 KENA1 SPUR HWY
Map for Reference Only Date Printed: 12/22/2023
NOT A LEGAL DOCUMENT
500 Feet
Page 158
Name:
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Mailing Address:
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Phone Number(s):
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Email:
Name:
Mailing Address:
City:
State:
17jp Code:
Phone Number(s):
Email:
Kenau Peninsula Borough Parcel # (Property Tax ID):
Physical Address:
W5q5 ynep--"` --
Legal Description:
1,2 (
Zoning.
Acres:
A variance permit is the relaxation of the development requirements to provide relief when the literal enforcement
would deprive a property owner of the reasonable use of their real properly. The requirements for a variance permit
in City Code must be met for a variance to be granted.
How is this property currently being used?
Use of surrounding property- north:
n 4-
Use of surrounding property - south:
) ")
Use of surrounding property - east:
P I- 1
Use of surrounding property - west:
PA
Variance Requested for (attach additional sheets if necessary):
Page 159
Explain the special conditions or circumstances present which are peculiar to the land or structure involved which
are not applicable to other land or structures in the same land use or zoning district:
UoQ. ovQ R,�-sq 0. oOu'NtiCSD U Ocz vt,%r,)CQ --b (qe4
ok- b x.Sv%e5 r\ Wj.)
Explain the special conditions or circumstances present that have not been caused by actions of the applicant and
such conditions and circumstances do not merely constitute pecuniary (monetary) hardship or inconvenience:
Explain how this variance will not authorize a use that is not a permitted principal use In the zoning district in which
the property is located:
Explain how the variance shall be the minimum variance that will provide for the reasonable use of the land and/or
structure:
Explain how the granting of a variance shall not be based upon other noncoforming land uses or structures within
the same land use or zoning district:
�n� C.t°� iPL
AUTHORITY TO APPLY FOR A VARIANCE:
I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I
petition for a variance permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment
of the application fee is nonrefundable and is to cover the costs associated with processing this application, and
that it does not assure approval of the variance. I also understand that assigned hearing dates are tentative and
may have to be postponed by Planning Department staff of the Planning and Toning Commission for administrative
reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are
authorized to access the above -referenced property for the purpose of processing this application.
Signature:
� � '�� 'ti�, �
Date:
Q ' �-
Print Name:
Title/Business: C
For City Use Only Date Application Fee Received:
PZ Resolution Number
Page 160
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Date _J`)
50550 Kenai Spur Highway PROPRIETARY INFORMATION
Kenai, Alaska 99611
This document cordains proprietary information and Is intended only forthe use of
Alaska Sign Source, LLC and the client noted above. if the readerbs not the intended
Phone/fax 907-776-8503
client, you are notified tratyouhave received this message inerror and that any review.
kns@(:ilctskaslgnsource.com
dissemination, distribution oroapying of this information Is strictly prohibited. If you have
received this information in error, please notfy Alaska Sign Source. LLC at 907-77"503
immadiatetyr
httlD,//www.alaskasignsource.com
Page 162
Linda Mitchell
From: Jennifer Showalter Yeoman <yellowkenaitze@hotmail.com>
ent: Thursday, November 30, 2023 6:44 PM
o: Linda Mitchell
:c: Jason Yeoman
Subject: Variance
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from
unknown senders.
Please include this with the information we gave you yesterday, thank you.
> To whom it may concern;
> We purchased the property, 11595 Kenai Spur Hwy, in 2018. It was a project we have enjoyed on many levels. The building was originally
built in 1962. There was many challenges getting the buildings up to code.
> We house a medical facility, Odyssey Family Practice, which is a great asset for the community and provides not only medical services but
employment opportunities for many people.
> In order for their business to allow their customers to locate their office a sign is needed. We do not have property on the street to place a
ign, and are unable to have a practical place to set it.
We have looked at various options such as on our property but it is not visible for drivers to see it on one side, the other 3 sides do not have
access to the road front. That has left us in a position to request a variance for 2 reasons; 1) for an off premise sign and 2) to be exempt of the
20foot intersection requirement.
> We have attached the proposed sign and identified a location for you to review.
> We intend to meet front yard back set, and are not aware of any similar non -conforming signage in Kenai.
> So, with all due respect we request this variance be approved.
> Sincerely,
> Jennifer and Jason Yeoman
Sent from my iPhone
1
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SHADNRA SUBDIVISION
DEVELOPED BY- PAUL P SHADURA
f LEGAL DESCRIPTION
rHE WHOLE OF LOT 12, SECTION 6 ,
i r5N, RIIW, SEWARD MERIDIAN, ALASKA.
SURVEYED BY. STANLEY S.McLANE Date 3-27-61
DRAWN BY. it 11 Date 3-29-61
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CERTIFICATE OF OWidE3SHIP AVID DEDICATION:
I hereby certify that I am the owner of / +
said property, and adopt this plan with ?VfR4AN'0 AvENdf
my free consent, and dedicate the alley ass. /Yo. 297Q, A _ _
as shown to public use.
pate ` Tn--7/_a _. i i . J�L�• L.
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State of Alaska )
,",ity of Kenai ) ss
On this_'_ _dayof _ `_ _1963, before me pers cnall a
y p',eared ��� >• ���'
known to me to be the person whose name is subscribed to this instrument, and
acknowledged to me that he executed the same for the purposes hereon expressed"
IN WITIIESS THEREOF, I have hereunto set my hand and aff4xed my notarial seal
this,dpy and year last writtVnaove.
My commission expires _. ��, _ � fi j%7 �"� 'ti'if1�f f 7"
CERTIFICATE OF REGISTERM LU;D SURVEYOR. Notary public
I hereby certify that I am a registered land surveyor, and that this plat
represents a survey made by me, and the monuments shown thereon actually exist
as located, and that ull dimensional and other details are�orrect.
Dite, Dime 28, 1963 _
City Planning Commission: Registered Surveyor
Received C
APProved?�
Chairman
Council:
This is to certify that the within plat
was duly submitted to and approved by
the Council of Kenai City, AlSka, by
resolution number 63-thenti
c9att3ed as passed ni s _30 dal au30_ day of October
^)Mayor w j ` Ci ty Clerks
LOTS I and 2, WITHIN TRACT A
OF THE SHADURA SUBDIVISION
LEGAL DESCRIPTION OF THE SHADURA SUBDIVISION
THE WHOLEOF THE BLM. LOT 12, SECTION 6,
T5N, RIIW,OF THE SEWARDMERIOIAN. ALASKA.
SURVEYED BY
S I anley S. McLane, R.L.S. Date 5,23,1963
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KENAI COUNCIL ON AGING — REGULAR MEETING Page 171
FEBRUARY 8, 2024 — 3:00 P.M.
KENAI SENIOR CENTER
361 SENIOR CT., KENAI, AK 99611
CHAIR KEN AYERS, PRESIDING
ACTION MINUTES
A. CALL TO ORDER
A Regular Meeting of the Council on Aging was held on February 8, 2024, at the Kenai Senior Center,
Kenai, AK. Chair Ayers called the meeting to order at approximately 3:00 p.m.
1. Pledge of Allegiance
Chair Ayers led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Ken Ayers, Chair Rachael Craig, Vice Chair
Velda Geller William Sadler
Frances Kilfoyle Kit Hill
Jim Glendening
A quorum was present.
Absent:
Barbara Modigh
Also in attendance were:
Kathy Romain, Senior Center Director
Red Piersee, Senior Center Administrative Assistant
Kayla Feltman, Senior Center Volunteer/Activities Coordinator
James Baisden, City Council Liaison
Terry Eubank, City Manager
Scott Bloom, City Attorney
3. Agenda Approval
MOTION:
Vice Chair Craig MOVED to approve the agenda as presented. Member Hill SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
B. SCHEDULED PUBLIC COMMENTS - None.
C. UNSCHEDULED PUBLIC COMMENTS - None.
D. APPROVAL OF MINUTES
1. January 16, 2024
MOTION:
Member Hill MOVED to approve the January 16, 2024 Council on Aging minutes. Vice Chair Craig
SECONDED the motion.
Council on Aging Meeting Page 1 of 3
February 8, 2024
Page 172
VOTE: There being no objection; SO ORDERED.
E. UNFINISHED BUSINESS — None.
F. NEW BUSINESS
1. Discussion/Recommendation - Recommendations to Council for Adoption of a New Section of
Kenai Municipal Code Titled Council on Aging Commission, and Amendments to Chapter 1.90
Standards for Boards, Commissions and Committees.
MOTION:
Vice Chair Craig MOVED to recommend that the City adopt a new section of Kenai Municipal Code,
proposed amendments to KMC 1.90 and the Council on Aging Bylaws as provided in the packet. Member
Glendening SECONDED the motion.
Director Romain gave a staff report from information provided in the packet; additional clarification was
provided by City Manager Eubank and City Attorney Bloom.
Discussion ensued; members spoke in support.
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection; SO ORDERED.
2. Discussion/Recommendation — Recommendations to Council for Amendments to Council on
Aging Bylaws.
Approved during the previous agenda item.
G. REPORTS
1. Senior Center Director — Director Romain and Assistants Piersee and Feltman reported on the
following:
• Upcoming March for Meals Fundraiser event.
• Cabinets have been added to the Senior Center craft room.
• City Departments are preparing for the upcoming budget process.
• Member surveys will be coming out in March; feedback from these surveys is important for
Senior Center programs.
• Upcoming Superbowl party at the Senior Center.
2. Commission Chair — Chair Ayers recognized new members Glendening, Sadler and Hill; asked
for feedback on changes members would like to see regarding senior housing.
3. City Council Liaison — Council Member Baisden reported on recent actions of the City Council.
H. ADDITIONAL PUBLIC COMMENTS — None.
I. NEXT MEETING ATTENDANCE NOTIFICATION — March 14, 2024
J. COMMISSION QUESTIONS AND COMMENTS
K. ADJOURNMENT
L. INFORMATIONAL ITEMS — None.
There being no further business before the Council on Aging, the meeting was adjourned at 3:30 p.m.
Council on Aging Meeting Page 2 of 3
February 8, 2024
Page 173
I certify the above represents accurate minutes of the Council on Aging meeting of February 8, 2024.
Meghan Thibodeau
Deputy City Clerk
Council on Aging Meeting Page 3 of 3
February 8, 2024
KENAI AIRPORT COMMISSION — REGULAR MEETING Page 174
FEBRUARY 8, 2024 — 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR GLENDA FEEKEN, PRESIDING
ACTION MINUTES
A. CALL TO ORDER
A Regular Meeting of the Airport Commission was held on February 8, 2024, in the Kenai City Council
Chambers, Kenai, AK. Chair Feeken called the meeting to order at approximately 6:10 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
Joshua Daily
A quorum was not present.
Absent:
James Zirul
Jacob Caldwell
James Bielefeld
Dan Pitts
Also in attendance were:
Derek Ables, Airport Manager
Sarah Conley, Airport Administrative Assistant
Henry Knackstedt, City Council Liaison
Terry Eubank, City Manager
Shellie Saner, City Clerk
3. Agenda Approval
B. SCHEDULED PUBLIC COMMENTS - None.
C. UNSCHEDULED PUBLIC COMMENTS
D. APPROVAL OF MINUTES
1. January 11, 2024
E. UNFINISHED BUSINESS — None.
F. NEW BUSINESS
1. Discussion/Recommendation - Recommendations to Council for Changes to Kenai Municipal
Code Chapter 21.20 Airport Commission, and Chapter 1.90 Standards for Boards, Commissions
and Committees.
2. Discussion/Recommendation — Recommendation to Council to Change the Location of Airport
Commission Regular Meetings to Kenai City Hall Council Chambers.
Airport Commission Meeting Page 1 of 2
February 8, 2024
Page 175
3. Discussion/Recommendation — Recommending Council Authorization of a Memorandum of
Agreement with Greatland Consulting and Training LLC for Use of the Alaska Regional Fire
Training Facility.
4. Discussion/Recommendation — Recommending Council Award a Repair and Maintenance
Services Contract for Security Guard Services at the Kenai Municipal Airport.
5. Discussion/Recommendation — Recommending Council Award a Special Use Permit to
Rebecca Boettcher, DBA: The Fishing Grounds, LLC for Operation of a Snack/Gift Shop Inside
the Kenai Municipal Airport.
6. Discussion — Airport Budget Goals
G. REPORTS
1. Airport Manager
2. Commission Chair
3. City Council Liaison
H. ADDITIONAL PUBLIC COMMENTS
I. NEXT MEETING ATTENDANCE NOTIFICATION — March 14, 2024
J. COMMISSION QUESTIONS AND COMMENTS
K. ADJOURNMENT
L. INFORMATIONAL ITEMS
1. Administrative Assistant Report: Terminal Vehicle Parking Revenues, Tower Airport
Operations Counts, Air Carrier Enplanements
2. Current Airport Agreements
Due to lack of a quorum, the meeting was adjourned at approximately 6:12 p.m.
I certify the above represents accurate minutes of the Airport Commission meeting of February 8, 2024.
Meghan Thibodeau
Deputy City Clerk
Airport Commission Meeting Page 2 of 2
February 8, 2024
KENAI HARBOR COMMISSION — REGULAR MEETING Page 176
FEBRUARY 12, 2024 — 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR LISA GABRIEL, PRESIDING
ACTION MINUTES
A. CALL TO ORDER
A Regular Meeting of the Harbor Commission was held on February 12, 2024, in the Kenai City Council
Chambers, Kenai, AK. Chair Gabriel called the meeting to order at approximately 6:00 p.m.
1. Pledge of Allegiance
Chair Gabriel led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Lisa Gabriel, Chair Jeanne Reveal, Vice Chair
David Peck Matthew Moffis
John Coston
A quorum was present.
Also in attendance were:
Scott Curtin, Public Works Director
Lisa List, Public Works Administrative Assistant
Victoria Askin, City Council Liaison
Terry Eubank, City Manager
Shellie Saner, City Clerk
Linda Mitchell, Planning Director
3. Agenda Approval
MOTION:
Commissioner Peck MOVED to approve the agenda as presented. Vice Chair Reveal SECONDED the
motion.
VOTE: There being no objection; SO ORDERED.
B. SCHEDULED PUBLIC COMMENTS - None.
C. UNSCHEDULED PUBLIC COMMENTS - None.
D. APPROVAL OF MINUTES
1. November 6, 2023
2. January 8, 2024
MOTION:
Commissioner Peck MOVED to approve the November 6, 2023 and January 8, 2024 Harbor Commission
minutes. Commissioner Reveal SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
Harbor Commission Meeting Page 1 of 3
February 12, 2024
Page 177
E. UNFINISHED BUSINESS — None.
F. NEW BUSINESS
1. Discussion/Recommendation - Recommending City Council Adoption of Proposed
Amendments to KMC Chapter's 11.10 Harbor Commission and KMC 1.90 Standard Procedures
for Boards, Commissions and Committees.
MOTION:
Commissioner Coston MOVED to recommend that the City Council adopt the proposed amendments to
KMC Chapter 11.10 and Chapter 1.90 as provided in attachment A in the packet. Vice Chair Reveal
SECONDED the motion.
City Manager Eubank and City Clerk Saner gave a staff report from information provided in the packet.
VOTE:
YEA: Gabriel, Reveal, Peck, Moffis, Coston
NAY: None
MOTION PASSED UNANIMOUSLY.
2. Discussion/Recommendation - Recommending City Council Enact Ordinance 3391-2024 -
Amending the Imagine Kenai 2030 Comprehensive Plan Land Use Plan Map for Certain Parcels
from Industrial to Mixed -Use.
MOTION:
Vice Chair Reveal MOVED to recommend City Council enactment of Ordinance No. 3391-2024.
Commissioner Peck SECONDED the motion.
Commissioner Moffis declared a possible conflict of interest, stating that he owns property in the area
affected. Chair Gabriel ruled that there was a conflict, and recused Commissioner Moffis from deliberation
and voting.
Commissioner Costin declared that he serves on both the Harbor Commission and Planning & Zoning
Commission, but that his vote this evening would be in regards to how this item relates to his role as a
member of the Harbor Commission.
Planning Director Mitchell gave a staff report from information provided in the packet.
VOTE:
YEA: Gabriel, Reveal, Peck, Moffis, Coston.
NAY: None.
MOTION PASSED UNANIMOUSLY.
3. Discussion/Recommendation - Recommending City Council Enact Ordinance 3392-2024 -
Amending the Kenai Zoning Code to Add a New Zoning District, Working Waterfront (WW) and
Amending the Official Zoning Map for Certain Parcels from Heavy Industrial (IH) to Working
Waterfront (WW) or Conservation (C) Zoning District.
MOTION:
Commissioner Peck MOVED to recommend City Council enactment of Ordinance No. 3392-2024. Vice
Chair Reveal SECONDED the motion.
Commissioner Moffis declared a possible conflict of interest, stating that he owns property in the area
affected. Chair Gabriel ruled that there was a conflict, and recused Commissioner Moffis from deliberation
and voting.
Harbor Commission Meeting Page 2 of 3
February 12, 2024
Page 178
Commissioner Costin declared that he serves on both the Harbor Commission and Planning & Zoning
Commission, but that his vote this evening would be in regards to how this item relates to his role as a
member of the Harbor Commission.
Planning Director Mitchell gave a staff report from information provided in the packet.
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection; SO ORDERED.
G. REPORTS
1. Public Works Director — Director Curtin reported on the following:
• The US Army Corps of Engineers has awarded a contract for the Kenai Bluff Bank
Stabilization Project to Western Marine Construction Inc.
2. Commission Chair— Chair Gabriel thanked staff.
3. City Council Liaison — Council Member Askin reported on recent City Council actions.
H. ADDITIONAL PUBLIC COMMENTS — None.
I. NEXT MEETING ATTENDANCE NOTIFICATION — March 11, 2024
J. COMMISSION QUESTIONS AND COMMENTS
Commissioners Coston thanked staff for the proposed code modifications.
Commissioner Peck thanked staff for the presentations.
Commissioner Moffis thanked staff
K. ADJOURNMENT
L. INFORMATIONAL ITEMS — None.
There being no further business before the Harbor Commission, the meeting was adjourned at 6:18 p.m.
I certify the above represents accurate minutes of the Harbor Commission meeting of February 12, 2024.
Meghan Thibodeau
Deputy City Clerk
Harbor Commission Meeting Page 3 of 3
February 12, 2024
KENAI PARKS & RECREATION COMMISSION — REGULAR MEETING Page 179
FEBRUARY 1, 2024 — 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
VICE CHAIR SOVALA KISENA, PRESIDING
ACTION MINUTES
A. CALL TO ORDER
A Regular Meeting of the Parks & Recreation Commission was held on February 1, 2024, in the Kenai
City Council Chambers, Kenai, AK. Vice Chair Kisena called the meeting to order at approximately 6:00
p.m.
1. Pledge of Allegiance
Vice Chair Kisena led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Sovala Kisena, Vice Chair
Kyle Graham
Michael Bernard
A quorum was present.
Absent:
Grant Wisniewski, Chair
Nigel LaRiccia
Jennifer Joanis
Charlie Stephens
Also in attendance were:
Tyler Best, Parks & Recreation Director
Jenna Brown, Parks & Recreation Assistant Director
Terry Eubank, City Manager
Shellie Saner, City Clerk
3. Agenda Approval
MOTION:
Commissioner Joanis MOVED to approve the agenda as presented. Commissioner Stephens
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. January 4, 2024
MOTION:
Commissioner Joanis MOVED to approve the January 4, 2024 Parks & Recreation Commission minutes.
Commissioner LaRiccia SECONDED the motion.
Parks & Recreation Commission Meeting Page 1 of 2
February 1, 2024
Page 180
VOTE: There being no objection; SO ORDERED.
E. UNFINISHED BUSINESS
1. Discussion/Recommendation - Recommendations to Council for Changes to Kenai Municipal
Code Chapter 19.05 Parks and Recreation Commission, and Chapter 1.90 Standards for
Boards, Commissions and Committees.
MOTION:
Commissioner Stephens MOVED to recommend City Council approval of the changes to Kenai
Municipal Code Chapter 19.05 Parks and Recreation Commission, and Chapter 1.90 Standards for
Boards, Commissions and Committees. Commissioner Joanis SECONDED the motion.
Director Best gave a staff report from information provided in the packet; City Clerk saner clarified the
intent of the changes.
Discussion ensued; Commissioner Joanis and Vice Chair Kisena spoke in support.
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection; SO ORDERED.
F. NEW BUSINESS
G. REPORTS
1. Parks & Recreation Director — No report.
2. Commission Chair — No report.
3. City Council Liaison — No report.
H. ADDITIONAL PUBLIC COMMENTS — None.
I. NEXT MEETING ATTENDANCE NOTIFICATION — March 7, 2024
Commissioner Stephens noted he would be absent.
J. COMMISSION QUESTIONS AND COMMENTS — None.
K. ADJOURNMENT
L. INFORMATIONAL ITEMS — None.
There being no further business before the Parks & Recreation Commission, the meeting was adjourned
at 6:11 p.m.
I certify the above represents accurate minutes of the Parks & Recreation Commission meeting of
February 1, 2024.
Meghan Thibodeau
Deputy City Clerk
Parks & Recreation Commission Meeting Page 2 of 2
February 1, 2024
KENAI BEAUTIFICATION COMMITTEE — SPECIAL MEETING Page 181
FEBRUARY 13, 2024 — 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR SARAH DOUTHIT, PRESIDING
ACTION MINUTES
A. CALL TO ORDER
A Special Meeting of the Beautification Committee was held on February 13, 2024, in the Kenai City
Council Chambers, Kenai, AK. Chair Douthit called the meeting to order at approximately 6:10 p.m.
1. Pledge of Allegiance
Chair Douthit led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Sarah Douthit, Chair Emily Heale, Vice Chair
Sonja Barbaza Terri Wilson (remote participation)
A quorum was present.
Absent:
Christina Warner, Vice Chair Brittney Hoffert
Also in attendance were:
Tyler Best, Parks & Recreation Director
Jenna Brown, Parks & Recreation Assistant Director
Phil Daniel, City Council Liaison
Terry Eubank, City Manager
Shellie Saner, City Clerk
3. Agenda Approval
MOTION:
Committee Member Heale MOVED to approve the agenda as presented. Committee Member Barbaza
SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
B. NEW BUSINESS
1. Discussion/Recommendation - Recommendations to Council for Adoption of a New Section of
Kenai Municipal Code Titled Beautification Commission, and Amendments to Chapter 1.90
Standards for Boards, Commissions and Committees.
MOTION:
Committee Member Heale MOVED to recommend that the City Council adopt of a new section of Kenai
Municipal Code titled Beautification Commission, and amendments to Chapter 1.90 Standards for
Boards, Commissions and Committees. Committee Member Barbaza SECONDED the motion.
City Clerk Saner and City Manager Eubank gave a staff report from information provided in the packet.
Discussion ensued; additional clarification was provided by City Clerk Saner. Members spoke in support.
Beautification Committee Meeting Page 1 of 2
February 13, 2024
Page 182
VOTE:
YEA: Douthit, Heale, Wilson, Barbaza
NAY: None
ABSENT: Warner, Hoffert
MOTION PASSED WITHOUT OBJECTION.
C. ADDITIONAL PUBLIC COMMENTS — None.
D. NEXT MEETING ATTENDANCE NOTIFICATION — March 12, 2024 Work Session
It was noted that a work session had tentatively been set for March 12, 2024. Members noted they would
not be available, and the meeting was rescheduled to April 9, 2024.
E. COMMISSION QUESTIONS AND COMMENTS
Committee Member Barbaza expressed appreciation for the efforts of staff.
Committee Member Heale expressed appreciation for the previous meeting and efforts of staff.
Chair Douthit said she was excited for the direction of the commission.
F. ADJOURNMENT
There being no further business before the Beautification Committee, the meeting was adjourned at 6:26
p.m.
I certify the above represents accurate minutes of the Beautification Committee special meeting of
February 13, 2024.
Meghan Thibodeau
Deputy City Clerk
Beautification Committee Meeting Page 2 of 2
February 13, 2024
City of Kenai
IL7'OV
000,
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Derek Ables, Airport Manager
DATE: February 9, 2024
SUBJECT: Airport Mid -month Report January 2024
Alaska Regional Fire Training Facility_— A tour was held on January 27th, 2024.
Monthly Progress Meeting- A monthly meeting was restarted with the FAA, Public Works,
Finance, and the Airport to discuss grants on January 9th, 2024.
In-house Activities
• The RFP process took place throughout January for Security Services at the Airport. A
meeting was held on January 12th for potential proposers.
• We are parking equipment in and using the sand storage building now. The final inspection
still needs to take place.
• The new rental car contracts began, the spaces were spruced up, and Budget and Avis
traded rental counters.
• The open airline counter space was painted and repaired. It is ready for a new tenant.
• On January 31 st, 2024 the RFPs were posted for a restaurant and bar/lounge.
• The Airport met with representatives from Grant on January 3rd, 2024 to discuss leasing
the open airline exclusive use space and alternative options for apron parking. Grant will
be renting 2607 sq. feet of exclusive use space while they transition into the old Ravn
counter. They will also be renting 31,755 of apron space. Airport management, Kenai
Aviation, and Grant have worked closely to develop a parking diagram that is in the best
interest of everyone. The parking position will reduce propwash effects.
Page 183
Page 184
City o� Kenai
MEMORANDUM
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city
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: February 8, 2024
SUBJECT: January 2024 Monthly Report
This month the Kenai Animal Shelter took in 45 animals. Animal intake and disposition:
DOGS:
INTAKE
27
DISPOSITION
20
Waiver
18
Adopted
9
Stray
7
Euthanized
3
Impound
0
Claimed
2
Protective Custody
2
Field Release
0
Quarantine
0
Transferred
6
Other Intakes
0
Other Dispositions
0
CATS:
INTAKE
17
DISPOSITION
9
Waiver
10
Adopted
7
Stray
7
Euthanized
2
Impound
0
Claimed
0
Protective Custody
0
Field Release
0
Quarantine
0
Transferred
0
Other Intakes
0
Other Dispositions
0
Page 185
OTHER ANIMALS:
INTAKE
1
DISPOSITION
1
Guinea Pig
1
Rabbit
0
Rabbit
0
Bird
0
Other
0
Guinea Pig
1
DOA:
3
OTHER STATISTICS:
Dog
2
Licenses (City of Kenai Dog Licenses)
71
Cat
1
Rabies Clinic
0
Rabbit
0
1 Animal dropped with After Hours (days we are closed but cleaning and with KPD)
18 Field Investigations & patrols
10 Volunteer Hours Logged
0 Citations
2 Educational Outreach
0 Microchip
Total Animal Contacts:
22 Animals are known borough animals
20 Animals are known City of Kenai
2 Animals are known City of Soldotna
0 Animals are unknown location
Statistical Data:
37 2022 YTD Intakes
111A 2023 YTD Intakes
5 2024 YTD Intakes
Page 2 of 2
(Cj- The City of Kenai I www.kenai.city
City of Kenai
IL7'OV
000,
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Dave Swarner, Finance Director
DATE: February 13, 2024
SUBJECT: Finance Department Mid -Month Report — January 2024
The FY24 Budget is now a major focus of the department with budget information being received
from Departments. The Council is scheduled to receive its first draft of the FY2024 budget in
April. There is much work to be done by all City departments over the next couple of months.
We continue to work with the auditors on finalizing the FY23 financials, expecting to have it
completed by month end.
The review of the RFP's for the Cybersecurity evaluation are complete and the details of the
contract are currently being finalized with the selected vendor.
Our new controller Czarina " Reena" Voivedich joined us February 12tn
Page 186
City of Kenai
IL7'OV
000,
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Tony Prior, Fire Chief
DATE: February 13, 2024
SUBJECT: Fire Department Mid -Month Report — January.
January, 2024 calls for service increased in comparison from 2023 calls, as we begin with a very
busy January. Here are the calls for service break down. We required 1 mutual aid request from
Nikiski Fire Department (NFD) in January.
January
2023
2024
% change
Month totals
110
145
31.8%
EMS
80
103
28.8%
All Other
30
42
40.0%
Year total
110
145
31.8%
Training:
• EMT III's continued training on transition to AEMT. Half of the group completed practical
testing with the other portion of the group testing at the end of February.
• Monthly ARFF training for all shifts.
• Elevated roof operations, victim ladder rescue, and other interior fire operations were
conducted at the Alaska Regional Fire Training Center.
Projects/Grants:
• Budget preparation began for upcoming FY25.
• We have the majority of work on Supplemental Emergency Medical Transport (SEMT) for
FY23 completed and are waiting for our Comprehensive Annual Financial Report to come
back from the auditors to complete actual numbers in some areas of the SEMT report.
• VFA Grant was completed and we submitted for Forestry Hose, valves and nozzles to
assist in Wildland Firefighting Operations.
• Quarterly reports were completed and submitted for the following grants: State Forestry
Phase I CWPP, USDA CWPP, Healthy and Equitable Communities grant.
Page 187
City of Kenai
IL7'OV
000,
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Stephanie Randall, Human Resources Director
DATE: February 6, 2024
SUBJECT: Human Resources Activity — January 2024
Recruitment
Human Resources worked with Parks and Recreation Department to hire a Recreation Center
Worker and a Laborer. Human Resources is working with the Kenai Police Department to recruit
for a Public Safety Dispatcher and a Police Officer. An above average number of applications
have been received for the Dispatcher, and applications are trending on track for the Officer.
Public Works is currently recruiting for the Building Official position and the Fire Department is
recruiting for a firefighter. Applications are on track for the building official and currently trending
low for the firefighter position.
An analysis of recruitment for last year shows the City of Kenai has an average time to hire of
30.8 days in 2023 (measured from the time someone applies for a position to the time a job offer
is made). Additionally, the average time to fill positions was 72.2 days (this is the time from when
a job is first posted to the start date of the employee).
Safety
There were no accidents or worker's comp claims reported for the month of January.
Special Projects
Human Resources introduced the Recruitment Guidebook for supervisors to Department Heads
in January. This resource will help hiring managers to improve efficiency in hiring and ensure
compliance with Kenai Municipal Code. Standardizing recruitment processes will promote
consistency in hiring and facilitate the selection of suitable candidates for open positions.
Human Resources continues to work with Administration and McGrath Human Resources on a
classification and compensation study. A timeline has been established with a goal to provide
recommendations to the Council by March.
Page 188
Page 189
�9
KEN,41
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Katja Wolfe, Library Director
DATE: February 12, 2024
SUBJECT: Library Report for January 2024
Items Borrowed
Jan-23
Jan-24
2024 YTD
Physical
6,168
6,273
6,273
Digital
1,617
1,956
1,956
Services
New Memberships
63
64
64
Room Reservations
124
133
133
Programs
Number of Programs
35
42
45
Program Attendance
365
412
412
Technology Sessions
Computer sessions
480
553
553
WiFi Sessions
10,461
5,322
5,322
Early Literacy Station Sessions
257
398
398
Page 190
Number of In -Person Programs per Age
Group
0-5
6-11 7
12-18 � 4
19 and up
All ages 6
6 5 10
Tota I Atte nd a nce per Age Group
0-5 -
6-11 -
12-18 1 6
19 and up 54
All ages 38
Kids
14 •
11
15
198
M
ME
12 Story Times — 166 participants
4 Lego® Clubs — 86 participants
2 American Girl Club — 30 participants
Little Crafts — 26 participants
Teens
• Teen D&D — 5 participants
Adults
• 5 Tech Times — 11 participants
• Easy Biscuits — 9 participants
• 2 Escape Rooms — 17 participants
• 2 craft programs-14 participants
116 All Ages
• 5 Chess Clubs-28 participants
• Holiday Thank You cards — 10 participants
6 50 100 150 200 250
• Our study and conference rooms were used by 133 individuals/groups for a total of 266
hours.
• New collection alert: We launched our Tonies® collection and snowshoe kits in January.
They are so popular that we are considering purchasing additional kits to meet the demand.
• Our first Reading Dogs event was a smashing success. Twenty-six patrons attended.
Reading Dogs is a program where children can sign up to read with a certified therapy dog,
making it a fun way for children to practice oral fluency, build self-esteem, and to foster a
love of reading.
Page 2 of 2
The City of Kenai I www.kenai.city
City of Kenai
IL7'OV
000,
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Tyler Best, Parks and Recreation Director
DATE: February 12', 2024
SUBJECT: Mid -Month Report -January
During the month of January, there was very little snow, and the weather was very cold. The Parks
and Recreation Staff was able to keep the ski trails groomed, the Muni Park walking trails cleared,
and Daubenspeck Pond cleared and maintained for ice skating. Weekly updates for trail
conditions are posted on the city's website and on Parks and Recreation's Facebook page (see
below).
Kenai City League Basketball started in January at the Kenai Rec Center. 8 teams have signed
up, and they play on Monday and Tuesday nights. Open adult dodgeball has been added at the
Rec Center on Thursday nights, and it has brought in a large crowd of community members.
Peninsula Winter Games took place on the Peninsula in January, and the Kenai Multi -purpose
Facility was busy with teams from all over the state. Unfortunately, due to the cold weather, the
ski meets at the Kenai Trails had to be canceled.
Kenai Rec. Center Visits -January
Weight Room/Cardio Room
1650
Racquetball
12
Walle ball
134
Shower/Sauna
0
Gymnasium
1644
Other
0
Gym Rental Visits
300
Total Number of Visits
3744
Page 191
Page 192
Picture of the Kenai Parks and Recreation trails update
Trails
Update:
(01/05/2024) Classic Tracks are set on the Ski Trails, providing excellent conditions for skiing.
The trails are in good shape overall and are suitable for use. The Municipal Park walking trails
are also in good condition, offering decent traction for walking activities.
Page 2 of 2
The City of Kenai I www.6nai.city
City of Kenai
IL7'OV
000,
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: February 12, 2024
SUBJECT: Planning and Zoning — January 2023 Monthly Report
General Information
• P&Z Department will be participating in the Annual KCHS Job Shadow Program.
• Brandon McElrea has accepted the Planning Technician position and he will start on Monday,
February 261"
• Staff was a guest speaker at The Kenai Peninsula Association of REALTORS@ monthly
meeting giving a presentation on the Understanding the Basics of Land Use and Development
in City of Kenai.
• The City's Interactive (GIS) Map webpage has been updated with a new look and updated
parcel data. Outdated interactive maps have been removed with the goal of updating the
information before making it accessible to the public. Staff is working with other departments
to improve their processes through the use of GIS mapping.
• A new Zoning Verification Request form has been added to the Planning and Zoning's
webpage located on the left menu bar. This is a great resource for the community.
Public Inquiries
Average days to Respond to a Public Inquiry No. of Pubic Inquiries
1,977 44
Page 193
Page 194
No. of Inquiries by department f division and Status
20
1E
18
14
12
fi
0 16
t5
8
6
4
7
19
3 S
6
ONE
R—I-d
mminlsifalloll Build * COa&E11rdlCCLM111 Fire * land& • P18INK * PUOMWOM • EanlnO
No. of Public Inquiries by Contact Type
Email 4
VQlk-n
Phone C.II
Voice Mnil
Aaalication Summa
a
r
76
16
M 0 14 11l 13 14 17 la 17
Staff is working on creating a database to track applications and statuses, similar to the public
inquiries report —to create a benchmark/baseline for department goals. The goal is providing a
similar report as the public inquires by next month. Staff greatly appreciates your patience and
understanding.
Code Enforcement and Compliance
In January, Planning and Zoning received one (1) new complaints and three (3) cases were
closed. There is a cumulative total of 21 open cases.
Page 2 of 3
The City of Kenai I www.kenai.city
Page 195
Due to other priority projects, staff has delayed the implementation of the code enforcement
solution. It is anticipated that a kick-off meeting will be scheduled within the next two (2) weeks.
Planning and Zoning Commission
One (1) public meeting was held in the month of January.
o Resolution PZ2024-01 — Recommended Approval for Preliminary Plat — 5 D Subdivision
for a Replat of Government Lot 170 in the General Commercial (CG) Zoning District.
o Resolution PZ2024-02 — Recommended Approval for Preliminary Plat — Cinderella
Subdivision Glover Replat for a Parcel Merger of Lot 1A, Enchanted Forest 2011 Replat
and Lot 6, Cinderella Subdivision in the Rural Residential 1 (RR-1) Zoning District.
Page 3 of 3
. l
The City of Kenai I www.kenai.city
City of Kenai
IL7'OV
000,
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Ben Langham, Acting Police Chief
DATE: February 9, 2024
SUBJECT: Police & Communications Department Activity — January 2024
Police handled 392 calls for service in January. Officers made 29 arrests. Traffic enforcement
resulted in 253 traffic contacts with 52 traffic citations issued and there were 2 DUI arrests.
There were 33 reported motor vehicle collisions in January. There were seven collisions
involving animals and one collision was a hit and run.
The Department briefly filled the police officer vacancy, however the officer resigned within the
first few weeks of employment. One Dispatcher and one Police Officer position remain vacant
and recruitment for that position is underway.
KPD began a pilot training program in which each officer is required to teach a 10-15 mini -course
to other officers on job -related topics. This program will be evaluated after six months to
determine continued viability. One new dispatcher continued in field training through the month
of January.
In early January, Sgt. Ryan Coleman began attending the FBI National Academy.
Page 196
Page 197
•
I000,
City of Kenai
MEMORANDUM
K I N 4 1
To Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 1 www.kenai.city
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: February 2024
SUBJECT: Mid -Month Report; Public Works / Capital Projects
Airport Fund Projects:
• Kenai Municipal Airport Runway Rehabilitation Protect — 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 201h , 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 was stalled at 35% Design
as Environmental Compliance requirements were 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. 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. Airport Manager and Public Works Director met with HDL on 8/9/23 and reviewed
the environmental documents status. On October 6, 2023 received email confirmaton that
DEC has approved the environmental work plan for the project. On November 1, 2023 council
approved a PO increase to cover the costs associated with performing the work identified in
the environmental work plan. Shannon & Wilson, the company performing these services is
due to be on site December 15th, weather dependent. Engineers, Airport Operations, Flight
Services, Terminal Tenants, have all been in communication in support of completing this
work. As of February 13', 2024 awaiting final report from Shannon & Wilson.
M
i
Page 2 of 9
Public Works Mid -Month Report
Page 198
Kenai Municipal Airport (KMA) Terminal Landscaping — Earthscape LLC currently working
under a design agreement at a cost of $28,255 has completed their contracted efforts. The
bronze bear elements could be placed within the landscape in the area indicated below if and
when funding comes available for their purchase and installation. The other elements of the
work can be bid for installation in the spring of 2024. Staff was directed to hold on this project
while final direction on the future bears, wind screens and grass areas are confirmed. Project
will not be released for construction bids until directed to do so.
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Kenai Municipal Airport (KMA) Operations Buildina HVAC Controls Ugarade & 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. Introducing Ordinance at the 8/16/23
council meeting to appropriate additional funding in support of the project. An FAA grant is in
the process, meeting was held on 11/7/23 with HDL Engineering to provide a cost to perform
the required environmental compliance services required with a grant application.
Construction Documents are being revised to include grant funding requirements. The
environmental document for this project is now complete, FAA grant funds are expected to be
available in March 2024. Project will not be released for bids until we are directed to by the
FAA.
Kenai Municipal Airport (KMA) Apron Crack Seal and Seal Coat — Staff received a design
proposal from HDL Engineering to evaluate and develop bid ready construction documents
in support of this project. Staff is coordinating with the FAA on grant approval. Council
approved Resolution 2023-64 at the November 1st, 2023 Council meeting which awarded
the design to HDL Engineering. HDL staff was on site the week of November 6th evaluating
existing apron conditions. Design will continue through the winter with Bid documents
anticipated for March 2024. 65% Design Documents are under review by staff with
comments back to the design team expected on February 20t", 2024. Project is currently
running a week or two behind schedule.
Page 3 of 9
Public Works Mid -Month Report
Page 199
Kenai Municipal Airport (KMA) Master Plan Update — The City has applied for a Federal
Aviation Administration grant to cover the costs associated with Phase 1 of a Master Plan
update. HDL Engineering provided a proposal, which is under FAA review. Grant funding is
not expected to available until March through June 2024 time frame. Once available council
can expect to see an Ordinance appropriating these funds, and then the work will begin.
Time line for project is expected to last 12-24 months in total for two phases.
General Fund Projects:
• USACE Kenai Bluff Bank Stabilization Project — This project encompasses approximately
5000 lineal feet of coastal bluff starting at the mouth of the Kenai river extending upriver along
the northern river bank. The bluff in this area varies from 55-70' above the toe. A protective
armored rock berm with a crest elevation of approximately 12' in height is planned. The
project is approaching execution of a Project Partnership Agreement (PPA) tentatively
scheduled for September 25, 2023. Tentative release of an Invitation to Bid (ITB) for
Construction is currently tracking for November 20, 2023. Construction is anticipated to
continue through the 2024 & 2025 construction seasons. Milestones to date listed below.
o Director's Report April 10, 2019 USACE approved Project Feasibility
o Section 221 Agreement MOU July 7, 2020 allows City to conduct design prior to DA
o Design Agreement (DA) September 14, 2020 executed but not federally funded
o Section 221 Agreement MOU February 11, 2021 allows City to construct prior to PPA
o Design Contract executed with HDR Engineering July 6, 2021
o City's 35% Design submission submitted to USACE on January 25, 2022
o City's 65% Design submission submitted to USACE on April 28, 2022
o Preliminary Engineering Design (PED) funding arrives on May 17, 2022
o Value Engineering (VE) Workshop held with USACE / Design team June 21-24, 2022
o PED / Construction Federal Funding arrives July 28, 2022
o Advanced Technical Review (ATR) begins October 3, 2022
o City of Kenai receives FEMA notification of enrollment in National Flood Insurance
Program December 19, 2022, a condition of receiving Federal funding.
o Water Resources Development Act (WRDA 2022) late December 2022, this Bill has cost
repercussions for the project which ultimately change the cost share between the City and
USACE from 65% / 35% to 90% USACE / 10% City.
o Project Cost Certification received January 27, 2023, confirming sufficient funding
o USACE Headquarters Agreement draft PPA June 6, 2023 received by City
o City provides USACE Financial Self -Certification in support of PPA June 15, 2023
o City's 95% Design Submission after completion of all USACE back checks June 30, 2023
o Project Partnership Agreement (PPA) was successfully signed on September 25, 2023!
o Received Real Estate Certification and Right of Entry Approval from USACE on November
3, 2023. This was a big step which allows for contracting to continue forward with the
project.
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o This project was formally released through USACE for Construction Bids on 11/29/23 with
a Pre -Bid Meeting conducted on 12/12/23. Project is tracking towards bids being received
in early January 2024.
o The Construction Bids due date is January 11 th, 2024 at 2:00pm. USACE is expected to
take two weeks to evaluate bids with results likely available toward end of the month.
Tracking toward a construction contract award in March 2024.
o On February 7r", 2024 the City received word from USACE that Western Marine
Construction Inc, based out of Seattle, Washington was awarded a construction contract
for $19,321,000 as a firm fixed price. There is an additional construction element related
to an inspection path that was requested, by the City and our design team, to be included
within the project. That element will cost $864, 000 and will be funded 100% by the City.
The larger amount has a 90110 cost share split with the City share costing $1,932,100 +
$864, 000 for a total anticipated City share of $2, 796,100, USACE total cost share of
$17, 388, 900.
o Diagram below is from the current set of drawings and represents a typical section of the
revetment.
EXISTING BLUFF
(SLOPE VARIES)
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GEOTEKTILE
COMPOSITE
• Community Wildfire Prevention Plan (CWPP) Mitigation — This is Phase One of our mitigation
efforts. Doug Koch Professional Tree Service was contracted with the City on February 28,
2023 in the amount of $282,000 to mitigate 105 acres within the no name creek drainage
extending from Redoubt Avenue down to the City's North Beach through Municipal Park. To
date the project has completed and invoiced $246,264.45 of work. The project has proceeded
well and remains on time and on budget. Final completion is anticipated within the next 60-
90 days. Most of the remaining work involves hand felling of trees in steeper areas near the
creek. No new update.
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• Recreation Center Improvements — This project will replace the facilities roof system as well
as numerous mechanical root top HVAC units. 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 5t", 2023 Council meeting. Construction will continue into the fall of 2023.
Update: Mechanical HVAC Roof top units remain on order, expected in late December.
Project is proceeding well and on schedule. Change Order 1 was executed on August 16,
2023 in the total amount of $18,548.96, which included four items including replacement of
the facilities electrical meter base at HEA's request. Total contract to date $1,444,248.96
with $135,366.75 remaining to be completed. Contractor is starting back up on site on
February 20, 2024, to begin replacement of the rooftop air handling units which have been
on order for many months now. Work is expected to continue for four to six weeks to get the
units fully operational and commissioned. Project closeout is looking like May 2024.
• 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
department these additional items will be released for bids. Currently roughly $71,000 of the
$155,000 in funding has been expended. A Proposal Quote Request (PQR) was released on
June 30tth with quotes due on July 131". MBA Consulting Engineers was the only respondent
at a cost of $30,580. Design work will cover ventilation, lighting, bleacher radiant heating and
will take place through November. Contract documents were fully executed on September 8,
2023. Engineers are back onsite January 1211, 2024. Engineering design report expected
toward end of month. MBA Consulting is behind schedule on their deliverables to the City.
Draft report is anticipated for the week of February 20rn
• 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. Cemetery Phase 2 Fencing was released for
bids on July 261" with bids due on August 911. Council will see legislation for a contract award
at the August 16t", 2023 meeting. AAA Fence, Inc was the successful bidder at a cost of
$147,595, their contract was fully executed on September 8, 2023. All fencing materials have
now been installed, final closeout docs received and final invoices are in process for payment.
Fence was installed as contracted, no changes to work necessary. Staff will coordinate with
Parks and Rec and the design team to finalize project needs for next year. Parking lot paving
will not be completed until next construction season along with HEA power being brought into
the property. Staff is coordinating with Nelson Engineering to update the site lighting and
power requirements for the site. Site grading plan for asphalt work is in process.
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Page 202
• 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.
• Lilac Ln. Roadway Improvements — RFP was released on 8/8/23 for Professional Civil
Engineering and CA Services to develop bid ready construction documents for this project.
Proposals are due on 8/28/23. Council will see legislation to award a professional services
agreement at either the 9/6/23 or 9/20/23 council meeting. Design work will take place over
the winter for a summer 2024 construction date. This project is located between the Spur
Highway and Cook Inlet Dr. Resolution 2023-54 was approved by Council at the September
6, 2023 Council meeting. Nelson Engineering is now actively working on the project design.
Test holes have been completed and a site survey is underway. Total contract for design is
currently $38,840. 35% design documents were received on 11 /17/23 for staff review, project
is continuing 65% design and is on track to be released for Construction bids in March 2024.
On February 7, 2024 staff returned 65% design document comments. Very few revisions to
plans were necessary, project is proceeding to 95%. Project is on track for a March Invitation
to Bid.
• Cemetery Creek Culvert Replacement - RFP was released on 8/8/23 for Professional Civil
Engineering and CA Services to develop 35% design documents for this project. Proposals
are due on 8/28/23. This project is in coordination with the US Fish & Wildlife. Work involves
replacement of several aging culverts with fish passage type culverts. 35% design
documents will be used to apply for grant funding. Two proposals were received by the
Department with PND Engineer's receiving the highest scoring proposal at a total cost of
$29,577. PND is now under contract. 9/28/23 a site meet was conducted with PND, City
staff, & US Fish & Wildlife to discuss and review the project. 10/11/23-10/12/23 surveyors
are on site developing an existing conditions field survey. Coordination with the USFW on
grant funding opportunities is underway. On November 13, 2023 staff received the draft
Hydrologic and Hydraulic (H&H) Report from PND Engineers. On December 1, 2023 the
complete draft 35% design documents were received. On December 8, 2023 meeting with
USFW, Engineering team and PW staff was held to review the documents. USFW have
requested some additional information to be included in the design above our contracted
scope of work with PND Engineers. On December 12, 2023 we received an amendment
request of $4,838 to cover the costs associated with the additional work. The additional
design effort will extend the final deliverable into the mid -January 2024. These documents
will be used to apply for grants in the first quarter of 2024. The project is proceeding well and
as expected. The costs associated with Amendment 1 will be covered with Silver Salmon
derby funds, council will see an appropriation Ordinance in February to acquire these funds.
Documents will be provided to the Kenaitze and Salamatof tribes to assist with grant
opportunities.
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Public Works Mid -Month Report
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Community Wildfire Prevention Plan (CWPP) Mitigation Phase Two — Doug Koch Professional
Tree Service was the low bidder on this project that was released for bids on November 1,
2023 with bids due on November 29, 2023. His bid in the amount of $177,700 to mitigate
84.75 acres within the Cemetery Creek drainage extending from Float Plane Basin down to
the Lee Shore Center. Resolution 2023-67 is in the 12/20/23 Council Packet to award the
project. Work will continue throughout the next year. Contractor was out of state for some
time, Contract was fully executed on January 29, 2024. Contractor is anticipating starting
work in February.
Public Safety Building Tower Guy Wire System Upgrade — This project is intended to replace
the existing guy wires with new larger cables and relocating the top two runs to ground
anchors in lieu of the current attachments to the building. The project was released for
construction bids on January 17, 2024 with bids due on February 6, 2024. Unfortunately, no
bids were received by the Department. Staff is reaching back out to the three various firms
contacted to determine why. Project will be re-released for bids by the end of February.
Recreation Center Flooring Refinishing — This project is intended to refinish the main
gymnasium floor and will include replacement of the existing court markings, as well as two
racquetball courts. Floors are wood and will be sanded down, sealed, markings applied, and
gloss coated. Project was released for bids on January 17, 2024 with bids due on February
6, 2024. One bid was received by Alaskan Industries Inc. at $24, 700 which was below
estimated costs. Contract and purchase orders are in process, with work expected to take
place over the next few months in coordination with Parks & Rec staff.
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. Supplemental funding will be needed to
complete these three locations, staff is working on finalizing those estimated costs, with
upcoming legislation to be expected. Construction expected for summer 2024.
• 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
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Public Works Mid -Month Report
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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 511123 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 511 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. Design team is actively working with granting agency. Construction expected
for summer 2024.
• Water Treatment Plant Pumphouse — This project will construct a new pumphouse building
and provide replacement distribution pumps for the City's Water System. On August 1, 2023
received letter that the State of Alaska Department of Environmental Conservation (ADEC)
has awarded the City of Kenai a $1,200,000 loan through the state's revolving fund program
and that the loan would receive 100% forgiveness in support of this project. Resolution 2023-
56 was approved by Council at the September 20, 2023 Council Meeting to allow access to
these funds. Staff is working on grant application requirements. Ordinance 3384-2023 is
being introduced 12/20/23 to move funding into place for the design work to proceed.
Ordinance has now been approved and design agreement is in negotiation with HDL
Engineering.
• WWTP & WTP Electronic Access Gate & Controls — On August 13, 2023 HDL Engineering
provided a proposal under their term agreement to begin design work on the Electronic
Access Gates projects at both the Water and Wastewater Plants. The project identified as
Task 13 under their agreement has a proposed design cost of $24,902. Design work will
continue over the winter months for construction to take place summer 2024. HDL working
under purchase order 127771 is now actively working on this project.
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
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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
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 14". Council approved Resolution
2023-30 on May 3rd to reallocate funds for the project. Invitation to Bid was released on
August 2, 2023 with bids due on August 23, 2023. Council approved Resolution 2023-53 at
the September 6, 2023 meeting which awarded construction agreement to Orion
Construction in the total amount of $503,850. Contract has now been executed and
submittals are actively in progress in support of the project. Boiler work is not expected to
take place until spring when work will be less impactful on residents. No new update,
projects remains on time and on budget. Materials have been ordered and are awaiting
delivery which is still several months out.
Other Projects Information:
DOT Kenai Spur Highway to Sports Lake Rd — This project continues to wait for appropriation
of state funds. Reached out to DOT staff on September 13, 2023, no new information
provided 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
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. Reached out
to DOT staff on September 13, 2023, no new information provided at this time.
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City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city
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: February 5, 2024
SUBJECT: January 2024 Monthly Report
January started with a burst of energy as seniors enthusiastically joined the expanding exercise
classes of Growing Stronger and Tai Chi, making it the busiest month of the year. Meanwhile,
many gathered for TOPS (Take Pounds Off Sensibly) sessions, embracing a "New year, new
you!" mindset while exploring healthier eating options together. Additionally, seniors had the
opportunity to engage with Audibel representatives to learn about hearing aid care, a valuable
service available in Kenai.
Throughout the month, members enjoyed various outings including visits to the Nikiski Pool,
Cabin Fever Creations, and a delightful no -host dinner at Louie's Restaurant. As January drew to
a close, the senior center expressed gratitude to its dedicated volunteers by hosting a special
appreciation dinner. Good music and food were enjoyed by all.
2024
2023
Home Delivered Meals
2063
1807
Individuals
106
107
Dining Room (Congregate) Meals
1384
1173
Individuals
168
146
Transportation (1-way rides)
322
201
Individuals
29
18
Grocery Shopping Assistance
21/58
10/26
Writers Group
33
35
Caregiver Support Group
22
13
Growing Stronger Exercise
299
299
Tai Chi Class
51
46
TOPS Weight Loss Class
61
61
Bluegrass & Music Sessions
83
31
Card Games
44
126
Wii Bowling
41
54
Arts & Crafts
48
43
Total Event Sign -ins *
2027
2151
Individuals *
231
191
Vintage Pointe Manor Vacancies
1
3
*(not including home meals clients)
FEBRUARY 21, 2024
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED ADDITIONS TO THE PACKET
ACTION ITEM REQUESTED
BY
Add to Item E. 1. Ordinance No. 3391-2024
• Amendment Memo Administration
Add to Item E. 2. Ordinance No. 3392-2024
• Postponement Memo Administration
Add to Item G. 1. Resolution No. 2024-05
• Update & Further Postponement Memo Administration
L
I000,
City of Kenai
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: February 21, 2024
SUBJECT: Ordinance 3391-2024 Requested Amendment
This memo requests amendments to fill in the blanks within the Ordinance.
The following amendments are respectfully requested.
Motion
Amend the eleventh whereas clause by inserting the date of the Joint Work Session, to read:
➢ "WHEREAS, the Harbor Commission and the Planning and Zoning Commission held
a joint work session on February 12, 2024 to discuss the proposed ordinance to create
a waterfront zoning district and amend the Comprehensive Plan; and,"
Amend the twelfth whereas clause by inserting the date of the meeting and the
recommendation of the commission, to read:
➢ "WHEREAS, the Planning and Zoning Commission at its regularly scheduled meeting
of February 14, 2024 recommended approval on amendment of the Comprehensive
Plan Land Use Designation; and,"
Amend the thirteenth whereas clause by inserting the date of the meeting and the
recommendation of the commission, to read:
➢ "WHEREAS, the Harbor Commission at its regularly scheduled meeting of February
12, 2024 recommended approval on amending the Comprehensive Plan Land Use
Designation."
Thank you for your consideration.
L
I000,
City of Kenai
MEMORANDUM
K E N 4
210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: February 21, 2024
SUBJECT: Ordinance 3392-2024 Requested Postponement
This memo requests postponement of Ordinance 3392-2024 until the March 6, 2024 City Council
Meeting. This postponement will allow for a joint work session with Planning and Zoning
Commission to be scheduled on March 6, 2024 from 4:30 p.m. to 5:30 p.m. before the regular
meeting.
The joint work session will provide an overview of the proposed Ordinance and discuss the
proposed amendments from Planning and Zoning Commission at its regularly scheduled meeting
of February 14, 2024.
Thank you for your consideration.
Z� KENA
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: February 21, 2024
SUBJECT: Resolution 2024-05 Update and further postponement request.
This memo provides an update on the status of the City Building Official recruitment. The Building
Official position was posted for three weeks and closed on Tuesday, February 141". Ten
applications were received with two selected for interviews. The two candidates selected for
interview possess the International Code Council's (ICC) Certified Building Plans Examiner
designation.
The City, per its Agreement for Exemption of Plan Review and Deferral of Life Safety Inspections
with the State of Alaska Department of Public Safety, Division of Fire Prevention, is required to
maintain on its enforcement staff at least one person with a current ICC certificate as a Building
Plans Examiner and at least one person with a current ICC certificate as a Fire Inspector I. The
Fire Inspector I certification is being met by the City's Fire Marshal.
The City is working with the State Fire Marshal to determine an appropriate method for the City
to meet requirements under its Deferral Agreement while recruiting a new Building Official.
Options include temporary staffing with the proper certification, contract services with a contractor
possessing the proper certification, and cooperative plan review services supervised by the State
Fire Marshal Office or other plan review services.
To date, one interview has been completed with the second to be completed this week. The
Administration requests additional postponement of Resolution 2024-05 to the March 6, 2024 City
Council Meeting in order to complete the interview process prior to amending the Building Official
classification. Your support is respectfully requested.
NOTICE OF PUBLIC HEARING
FEBRUARY 21, 2024
CITY OF KENAI COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will conduct a public hearing on the
following Ordinance(s) and/or Resolution(s) on the above -noted meeting date:
1. Ordinance No. 3391-2024 - Amending the Imagine Kenai 2030 Comprehensive Plan Land Use
Plan Map for Certain Parcels from Industrial to Mixed -Use. (Knackstedt)
2. Ordinance No. 3392-2024 - Amending the Kenai Zoning Code to Add a New Zoning District,
Working Waterfront (WW) and Amending the Official Zoning Map for Certain Parcels from
Heavy Industrial (IH) to Working Waterfront (WW) or Conservation (C) Zoning District.
(Knackstedt)
3. Ordinance No. 3393-2024 - Accepting and Appropriating Donations to the Kenai Animal Shelter
for,the Care of Animals. (Administration)
4. Ordinance No. 3394-2024 - Increasing Estimated Revenues and Appropriations in the General
Fund to Provide Supplemental Funding to the Street Lights Repair and Maintenance
Operational Budget. (Administration)
5. Ordinance No. 3395-2024 - Increasing Estimated Revenues and Appropriations in the General
Fund for Radio Advertising and Approving Council Policy 20.030-Radio Advertising for Public
Meetings and Elections. (Douthit)
6. Ordinance No. 3396-2024 - Amending Kenai Municipal Code 4.31.015 - Local Amendments to
the 2009 International Fuel Gas Code for Housekeeping Purposes. (Administration)
7. Ordinance No. 3397-2024 - Increasing Estimated Revenues and Appropriations in the Water
Sewer Capital Project Fund for the Cemetery Creek Culvert Replacement Project and Accepting
a Donation from the Kenai Foundation in Support of the Project. (Administration)
8. Ordinance No. 3398-2024 - Amending Kenai Municipal Code Title 6 - Elections, to Enhance
Consistency, Promote Efficiencies and Make Housekeeping Changes. (City Clerk)
9. Ordinance No. 3399-2024 - Awarding a Service Contract for Airport Security Guard Services at
The Kenai Municipal Airport and Increasing Estimated Revenues and Appropriations in the
Airport Fund for Costs in Excess of Budgeted Amounts. (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)
UNFINISHED BUSINESS
1. Resolution No. 2024-05 - Amending the Employee Classification Plan by Reclassifying the
Public Works Building Official/Manager to a Building Official and Adjusting the Range for this
Class. (Administration) [At the 02/07/24 Council Meeting, this item was postponed to 02121124.]
The public hearing will commence at 6:00 p.m., or as soon thereafter as business permits. All
interested persons are invited to attend the meeting telephonically/virtually or in -person and participate
in the public discussion. See the agenda for additional information. Written comments may be sent to
the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611.
Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk and will
be availa_�lt the meeting for public review. Pleas d, subject to legal limitations, ordinances
esolutio��s may be amended by the Cou env oIQ e' ion without further public notice.
es �
d
Shel i e Saraex_IWC, City Clerk
osted: February 14, 2024 "-
Ag
CITY OF KENAI
City Council
K E N A I Notice of Meeting and Public Hearings
City Hall Council Chambers,
210 Fidalgo Ave, Kenai, AK
The following public hearings will be before the Kenai City Council at
the February 21, 2024 regular meeting, beginning at 6:00 PM:
1. Ordinance No. 3391-2024 - Amending the Imagine Kenai 2030
Comprehensive Plan Land Use Plan Map for Certain Parcels from
Industrial to Mixed -Use. (Knackstedt)
2. Ordinance No. 3392-2024 - Amending the Kenai Zoning Code to
Add a New Zoning District, Working Waterfront (WW) and Amending
the Official Zoning Map for Certain Parcels from Heavy Industrial
(IH) to Working Waterfront (WW) or Conservation (C) Zoning
District. (Knackstedt)
3. Ordinance No. 3393-2024 - Accepting and Appropriating Donations
to the Kenai Animal Shelter for the Care of Animals. (Administration)
4. Ordinance No. 3394-2024 - Increasing Estimated Revenues and
Appropriations in the General Fund to Provide Supplemental
Funding to the Street Lights Repair and Maintenance Operational
Budget. (Administration)
5. Ordinance No. 3395-2024 - Increasing Estimated Revenues and
Appropriations in the General Fund for Radio Advertising and
Approving Council Policy 20.030-Radio Advertising for Public
Meetings and Elections. (Douthit)
6.Ordinance No. 3396-2024 - Amending Kenai Municipal Code
4.31.015 - Local Amendments to the 2009 International Fuel Gas
Code for Housekeeping Purposes. (Administration)
7. Ordinance No. 3397-2024 - Increasing Estimated Revenues and
Appropriations in the Water Sewer Capital Project Fund for the
Cemetery Creek Culvert Replacement Project and Accepting a
Donation from the Kenai Foundation in Support of the Project.
(Administration)
8. Ordinance No. 3398-2024 - Amending Kenai Municipal Code Title 6
- Elections, to Enhance Consistency, Promote Efficiencies and Make
Housekeeping Changes. (City Clerk)
9. Ordinance No. 3399-2024 - Awarding a Service Contract for Airport
Security Guard Services at The Kenai Municipal Airport and
Increasing Estimated Revenues and Appropriations in the Airport
Fund for Costs in Excess of Budgeted Amounts. (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)
UNFINISHED BUSINESS
1. Resolution No. 2024-05 - Amending the Employee Classification
Plan by Reclassifying the Public Works Building Official/Manager to
a Building Official and Adjusting the Range for this Class.
(Administration) (At the 02/07/24 Council Meeting, this item was
postponed to 02121124.1
The public is invited to attend and participate. Virtual and telephonic
options for participation are available. Additional information is
available through the City Clerk's Office or by visiting our website at
www.kenai.cii
Shellie Saner, MMC, City Clerk
Publish: 02/17/2024
CERTIFICATE OF PUBLICATION & POSTING
I, Shellie Saner, City Clerk of the City of Kenai, do hereby
certify that on the 14th day of February 2024, 1
electronically mailed or caused to be published the
foregoing Notice of Meeting to the Peninsula Clarion and
requested that this Notice be published in the February
17, 2024 edition of their newspaper. On the 16th day of
Februarythe full meeting agenda was also posted
at,knifi City Hall aN on the internet at www.kenai.city.
ie Saner,-fAWC, City Clerk
E.
CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE FEBRUARY 21, 2024
KENAI CITY COUNCIL REGULAR MEETING
NOTICE IS HEREBY GIVEN the City of Kenai Council passed or took other actions as identified
below on the following Ordinance(s) and/or Resolution(s) at the above -referenced meeting.
PUBLIC HEARINGS
ENACTED AS AMENDED UNANIMOUSLY. Ordinance No. 3391-2024 - Amending the
Imagine Kenai 2030 Comprehensive Plan Land Use Plan Map for Certain Parcels from
Industrial to Mixed -Use. (Knackstedt)
2. ENACTED UNANIMOUSLY. Ordinance No. 3393-2024 - Accepting and Appropriating
Donations to the Kenai Animal Shelter for the Care of Animals. (Administration)
3. ENACTED UNANIMOUSLY. Ordinance No. 3394-2024 - Increasing Estimated Revenues
and Appropriations in the General Fund to Provide Supplemental Funding to the Street Lights
Repair and Maintenance Operational Budget. (Administration)
4. FAILED TO ENACT. Ordinance No. 3395-2024 - Increasing Estimated Revenues and
Appropriations in the General Fund for Radio Advertising and Approving Council Policy
20.030-Radio Advertising for Public Meetings and Elections. (Douthit)
5. ENACTED UNANIMOUSLY. Ordinance No. 3396-2024 - Amending Kenai Municipal Code
4.31.015 - Local Amendments to the 2009 International Fuel Gas Code for Housekeeping
Purposes. (Administration)
6. ENACTED UNANIMOUSLY. Ordinance No. 3397-2024 - Increasing Estimated Revenues
and Appropriations in the Water Sewer Capital Project Fund for the Cemetery Creek Culvert
Replacement Project and Accepting a Donation from the Kenai Foundation in Support of the
Project. (Administration)
7. ENACTED AS AMENDED UNANIMOUSLY. Ordinance No. 3398-2024 - Amending Kenai
Municipal Code Title 6 - Elections, to Enhance Consistency, Promote Efficiencies and Make
Housekeeping Changes. (City Clerk)
8. ENACTED UNANIMOUSLY. Ordinance No. 3399-2024 - Awarding a Service Contract for
Airport Security Guard Services at The Kenai Municipal Airport and Increasing Estimated
Revenues and Appropriations in the Airport Fund for Costs in Excess of Budgeted Amounts.
(Administration) [KMC 1.15.070(d)]
Michell Sa M , City Clerk
Posted: Febhulary,24, 2024
From: John Williams
To: City Clerk
Subject: Form submission from: Scheduled Public Comment Request (Webform)
Date: Tuesday, December 19, 2023 10:33:34 AM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Submitted on Tuesday, December 19, 2023 - 10:33am
Submitted by anonymous user: 24.237.248.43
Submitted values are:
Name of Presenter: John Williams
Title: Vice President
Organization: Cook Inlet Regional Citizens Advisory Council
Mailing Address: PO Box 495 Kenai AK
Residence Address: 225 S Spruce St Kenai AK
Daytime Phone: 9072524500
Email address:
Meeting Body: City Council
Preferred meeting date: Wed, 02/21/2024
Title of Presentation: CIRCAC Reappointment
Brief Description of topic:
Mr. Williams' term representing the City of Kenai on the Cook Inlet Regional Citizens
Advisory Council expires in April 2024.
Will you be providing visual aids with your presentation?: No
Today's date: Tue, 12/19/2023
Please type name of submitter to confirm your submission: Shaylon Cochran
The results of this submission may be viewed at:
https://www.kenai.city/node/2631 /submission/ 11188