HomeMy WebLinkAbout2025-05-07 Council PacketKenai City Council - Regular Meeting Page 1 of 3
May 07, 2025
Kenai City Council - Regular Meeting
May 07, 2025 ꟷ 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
1. Pledge of Allegiance
2. Roll Call
3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items
limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the council
and will be approved by one motion. There will be no separate discussion of these items unless a
council member so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED ADMINISTRATIVE REPORTS
C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker;
twenty (20) minutes aggregated)
D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. PUBLIC HEARINGS
1. Ordinance No. 3464-2025 - Amending Kenai Municipal Code 21.05.085 - Airport Fuel Flowage
Fee, to Remove the Set Amount in Code and Instead Refer to the Annually Updated Schedule
of Rates, Charges and Fees. (Administration)
2. Ordinance No. 3465-2025 - Amending Kenai Municipal Code, Title 2 - Alcoholic Beverage and
Marijuana, Standardizing How Licenses are Reviewed by the City, Allowing for Administrative
Non-Objections for Renewal of Existing Licenses When No Grounds to Object to the Renewal
are Identified, Updating Public Hearings for Protests or Conditional Non-Objections, Aligning
Municipal Code with Requirements of Alaska Statutes, and Other Housekeeping Amendments.
(City Clerk)
3. Ordinance No. 3466-2025 - Amending Kenai Municipal Code, Chapter 4.32 Residential Code,
to Reinstate Provisions Related to Engineered Design and Location, Including Fire Code
Protection on Floors Provisions of the 2021 International Residential Code. (Administration)
4. Ordinance No. 3467-2025 - Accepting and Appropriating a Grant Received Through the Alaska
Animal Control Association to the Kenai Animal Shelter for Attendance at the Alaska Animal
Control Association 2025 Training Conference. (Administration)
5. Ordinance No. 3468-2025 - Accepting and Appropriating a Donation to the Kenai Community
Library for the Summer Reading Program 2025. (Administration)
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May 07, 2025
6. Ordinance No. 3469-2025 - Amending KMC 1.85.060-Conflicts of Interest Prohibited, to Allow
Municipal Officers and City Employees to Participate in Certain Sales Open to the Public
Through a Public Process and Narrowing the Existing Prohibition on Purchases to Personal
Property Items. (Douthit)
7. Resolution No. 2025-27 - Authorizing the City Manager to Enter Into an Agreement with the
State of Alaska Department of Natural Resources for a Utility Easement for the City Water Main.
(Administration)
8. Resolution No. 2025-28 - Authorizing Contract Awards for Purchase of Water and Wastewater
Chemicals. (Administration)
9. Resolution No. 2025-29 - Authorizing Contract Award for Aliak Storm Water Rehab Design.
(Administration)
10. Resolution No. 2025-30 - Approving Amendments to the Agreement for Contract Services for
Vintage Pointe Manor Congregate Housing. (Administration)
11. Resolution No. 2025-31 - Amending the Kenai Municipal Cemetery Regulations and Fee
Schedule Policy Numbering It PRK-70.001, Revising Marker and Headstone Regulations and
Making Other Housekeeping Amendments. (City Clerk)
F. MINUTES
1. *Special Meeting of April 15, 2025. (City Clerk)
2. *Regular Meeting of April 16, 2025. (City Clerk)
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Special Use Permit to Weaver Brothers, Inc. for Truck Trailer Storage.
(Administration)
3. *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)
4. *Ordinance 3470-2025 - Amending the Official Zoning Map and Land Use Table by Rezoning
Twenty-Eight Properties Located Near the Intersection of the Kenai Spur Highway and
Wildwood Drive from Suburban Residential (RS) to General Commercial (CG) Zoning District.
(Administration)
5. Action/Approval - Amending and Extending an Employment Agreement between the City of
Kenai and City Attorney, Scott Bloom. (Gabriel)
6. Discussion - Facility Use Policy Administration. (Administration)
7. Discussion - Unsafe Driving Through Parking Lots (Rat Running). (Administration)
I. COMMISSION REPORTS
1. Council on Aging Commission
2. Airport Commission
3. Harbor Commission
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May 07, 2025
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Commission
J. REPORT OF THE MAYOR
1. Proclamation Declaring April 2025 as “Sexual Assault Awareness Month”
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.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Registration is required to join the meeting remotely through Zoom. Please use the following link to
register:
https://us02web.zoom.us/meeting/register/2fYfc_EtQ3aRlaULt8K0zg
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Sponsored by: Administration
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CITY OF KENAI
ORDINANCE NO. 3464-2025
AN ORDINANCE AMENDING KENAI MUNICIPAL CODE 21.05.085 - AIRPORT FUEL FLOWAGE FEE,
TO REMOVE THE SET AMOUNT IN CODE AND INSTEAD REFER TO THE ANNUALLY UPDATED
SCHEDULE OF RATES, CHARGES AND FEES.
WHEREAS, Kenai Municipal Code 21.05.085 - Airport Fuel Flowage Fee, establishes a fee for fuel
flowage; and,
WHEREAS, the fuel flowage fee is also established in the Schedule of Rates, Charges and Fees; and,
WHEREAS, removing the exact amount of the fuel flowage fee from code and referring to the rate
established in the Schedule of Rates, Charges and Fees eliminates the opportunity for conflict between
the two sources of information and allows the fuel flowage fee to be reviewed annually and updated if
necessary; and,
WHEREAS, the funds derived from fuel flowage fees are used solely for the maintenance, operation, and
improvement of the Kenai Municipal Airport; and,
WHEREAS, the fuel flowage fee will continue to be charged and used for the Kenai Municipal Airport;
and,
WHEREAS, the fuel flowage fee will continue to be updated periodically in the Schedule of Rates,
Charges and Fees; and,
WHEREAS, the Airport Commission recommended approval at their regularly scheduled meeting on April
10, 2025.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Section 21.05.085 of Kenai Municipal Code: That Kenai Municipal Code,
Section 21.05.085 - Airport Fuel Flowage Fee, paragraph (a) is hereby amended as follows:
(a) Any person, firm or corporation who delivers aviation gasoline, motor vehicle gasoline, diesel fuel,
kerosene, aviation jet fuel or like substance (hereafter referred to as fuel) to any person, firm or
corporation at the Kenai Municipal Airport shall pay a fuel flowage fee [OF TWO CENTS ($0.02) FOR
EACH GALLON OF FUEL] as established in the City’s Schedule of Rates, Charges and Fees; provided
that fuel delivered to the airport solely for transport off the airport for delivery or resale to another
entity is not subject to the fuel flowage fee.
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.
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Ordinance No. 3464-2025
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Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days
after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF MAY, 2025.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Introduced: April 16, 2025
Enacted: May 7, 2025
Effective: June 6, 2025
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MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Derek Ables, Airport Manager
DATE: April 7, 2025
SUBJECT: Ordinance No. 3464-2025 - Amending Kenai Municipal Code 21.05.085 -
Airport Fuel Flowage Fee, to Remove the Set Amount in Code and Instead
Refer to the Annually Updated Schedule of Rates, Charges and Fees.
This memo supports removing the exact amount of the fuel flowage fee from code and referring
to the rate established in the Schedule of Rates, Charges and Fees. This eliminates the
opportunity for conflict between the two sources of information and allows the fuel flowage fee to
be reviewed annually and updated if necessary.
If approved Section 21.05.085, paragraph (a) of Kenai Municipal Code- Airport Fuel Flowage Fee,
will be amended as follows:
(a) Any person, firm or corporation who delivers aviation gasoline, motor vehicle gasoline,
diesel fuel, kerosene, aviation jet fuel or like substance (hereafter referred to as fuel) to any
person, firm or corporation at the Kenai Municipal Airport shall pay a fuel flowage fee [OF
TWO CENTS ($0.02) FOR EACH GALLON OF FUEL] as established in the City’s Schedule of
Rates, Charges and Fees; provided that fuel delivered to the airport solely for transport off
the airport for delivery or resale to another entity is not subject to the fuel flowage fee.
Thank you for your consideration.
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Sponsored by: City Clerk
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CITY OF KENAI
ORDINANCE NO. 3465-2025
AN ORDINANCE AMENDING KENAI MUNICIPAL CODE, TITLE 2 - ALCOHOLIC BEVERAGE AND
MARIJUANA, STANDARDIZING HOW LICENSES ARE REVIEWED BY THE CITY, ALLOWING FOR
ADMINISTRATIVE NON-OBJECTIONS FOR RENEWAL OF EXISTING LICENSES WHEN NO
GROUNDS TO OBJECT TO THE RENEWAL ARE IDENTIFIED, UPDATING PUBLIC HEARINGS FOR
PROTESTS OR CONDITIONAL NON-OBJECTIONS, ALIGNING MUNICIPAL CODE WITH
REQUIREMENTS OF ALASKA STATUTES, AND OTHER HOUSEKEEPING AMENDMENTS.
WHEREAS, updating Kenai Municipal Code (KMC) by codifying license review practices will standardize
how licenses are reviewed by the City; and,
WHEREAS, allowing Non-Objections to be issued administratively for renewals when no grounds to
protest are identified, will promote efficiency and expedite the licensing process through the State of
Alaska Alcohol & Marijuana Control Office; and,
WHEREAS, providing clear public hearing processes for protests and conditional non-objections provides
transparency in process for the applicants and residents of the City; and,
WHEREAS, aligning the City’s alcohol and marijuana licensing regulations with the State of Alaska
regulations provides consistency for the businesses operating within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Section of Kenai Municipal Code: That Kenai Municipal Code, Title 2 -
Alcoholic Beverages and Marijuana is hereby amended as follows:
Title 2
Alcoholic Beverages and Marijuana
2.05 Definitions
2.10 [TRANSFER] Review of License
2.15 Conformity to State Liquor Laws
2.20 Sales on Election Day
2.25 Consumption
2.35 Violation of Chapter
2.40 Approval of an Activity of a Licensee
Chapter 2.05 - Definitions
Sections:
2.05.010 Definitions.
2.05.010 Definitions.
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the
meanings given to them by this section:
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(a) “Board” means the Alaska Alcoholic Beverage Control Board or the Alaska Marijuana Control
Board.
(b) “Intoxicating Liquor” includes but is not limited to whiskey, brandy, rum, gin, wine, ale, port, or
beer, and all other spirituous, vinous malt, and other fermented or distilled liquors intended for
human consumption and containing more than one percent (1%) alcohol by volume.
(c) “License” means a liquor or marijuana license, unless otherwise specified.
(b) “Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds
thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana
concentrate. The term does not include fiber produced from the stalks, oil, or cake made from the
seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of
any other ingredient combined with marijuana to prepare topical or oral administrations, food,
drink, or other products.
Chapter 2.10 - [TRANSFER] Review of License.
Sections:
2.10.005 Active License Review.
2.10.010 Review of Application.
2.10.0[1]20 Public Hearing.
[2.10.020 POLICE TO INVESTIGATE.]
2.10.030 [HEARING] Review Standards.
2.10.005 Active License Review .
(a) To serve the public interest, the City Clerk or designee will annually prepare and present to the
City Council a list of all active licenses issued by the Board that are operating within the City of
Kenai. This list shall be presented no later than two months prior to the annual expiration date of
each license type and shall include the following information:
(1) License Number;
(2) License Type;
(3) License Status;
(4) Business Name;
(5) Business Location;
(6) Licensee Name.
2.10.010 Review of Application.
(a) License application received from the Board for issuance, renewal, relocation, or transfer of
ownership will undergo an administrative review to determine whether the facility, licensee,
transferee or transferor has met all obligations to the City, as established within Kenai Municipal
Code.
(b) Administrative review will be completed within a timeframe that allows the item to be placed on a
City Council agenda within 60 days of receiving notice of application from the Board. Departments
or Officials responsible for the review include, but are not limited to, the following:
(1) Building Official;
(2) Finance Department;
(3) Fire Marshall;
(4) Legal Department;
(5) Planning and Zoning Department;
(6) Police Department.
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Ordinance No. 3465-2025
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(c) After completion of the administrative review, license applications will be placed on a City Council
agenda as an Action Approval item with the following exceptions:
(1) Renewals. When a license renewal application is received without any modifications to the
existing license, and the administrative review confirms that the applicant has fulfilled all
obligations to the City, the City Clerk or their designee may issue a letter of non-objection
to the renewal for submission to the Board.
(2) Protest or Conditions. If it is determined that the applicant has not fulfilled all obligations to
the City, the matter shall be placed on a City Council agenda in accordance with KMC
2.10.020.
2.10.0[1]20 Public Hearing.
[A PUBLIC HEARING MAY BE HELD PRIOR TO ANY CITY COUNCIL APPROVAL OF TRANSFER OR ISSUANCE OF
SUCH LICENSES AND ESTABLISHMENTS. SAID PUBLIC HEARING SHALL BE HELD BY THE CITY COUNCIL OF THE
CITY OF KENAI, ALASKA, AT ITS REGULAR MEETING TIMES OR SUCH OTHER SPECIAL HEARING DATE AS MAY
BE CONVENIENT TO ALL PARTIES CONCERNED. SUCH PUBLIC HEARINGS SHALL BE PUBLICLY ADVERTISED IN A
NEWSPAPER OF GENERAL CIRCULATION AT LEAST ONCE PRIOR TO THE HOLDING OF THE PUBLIC HEARING,
AND NOTICE THEREOF SHALL BE POSTED ON THE CITY COUNCIL BULLETIN BOARD, AND SUCH OTHER NOTICE
AS MAY BE DIRECTED BY THE CITY COUNCIL.]
(a) An application subject to protest or conditions, will be placed on a City Council agenda as a
Resolution within 60 days of receipt of application from the Board. A written notice of public
hearing will be sent to the applicant, and include the following information:
(a) The date and time of the meeting at which the Council will consider the application; and,
(b) A statement that the applicant may appear before the Council at the meeting to defend the
application; and,
(c) A summary of any unresolved obligations to the City, resulting the protest or conditions.
(b) Prior to taking action on the application under this section, the Council will provide the applicant
an opportunity for public comment in defense of the application, and provide opportunity for citizen
comment.
[2.10.020 POLICE TO INVESTIGATE.
A POLICE INVESTIGATION OF THE PREMISES AND APPLICATION FOR TRANSFER OR ISSUANCE MAY BE
CONDUCTED PRIOR TO THE PUBLIC HEARING FORM THE PROPOSED TRANSFER OR ISSUANCE.]
2.10.030 [HEARING] Review Standards.
[A PUBLIC HEARING MAY BE HELD PRIOR TO ANY CITY COUNCIL APPROVAL OF TRANSFER OR ISSUANCE OF
SUCH LICENSES AND ESTABLISHMENTS. SAID PUBLIC HEARING SHALL BE HELD BY THE CITY COUNCIL OF THE
CITY OF KENAI, ALASKA, AT ITS REGULAR MEETING TIMES OR SUCH OTHER SPECIAL HEARING DATE AS MAY
BE CONVENIENT TO ALL PARTIES CONCERNED. SUCH PUBLIC HEARINGS SHALL BE PUBLICLY ADVERTISED IN A
NEWSPAPER OF GENERAL CIRCULATION AT LEAST ONCE PRIOR TO THE HOLDING OF THE PUBLIC HEARING,
AND NOTICE THEREOF SHALL BE POSTED ON THE CITY COUNCIL BULLETIN BOARD, AND SUCH OTHER NOTICE
AS MAY BE DIRECTED BY THE CITY COUNCIL.]
Review under this Chapter will examine the conduct of a liquor or commercial marijuana operation. The
Council may establish standards for individual licenses, such standards will be applied in accordance
with KMC 2.10.020.
(a) Conduct of the business by the transferee or applicant and employees, as well as past conduct
of the transferor;
(b) Maintenance of health standards on the premises in question or any improvements to be required;
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Ordinance No. 3465-2025
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(c) Set an amount of public liability insurance to apply to the licensed premises which shall carry
reasonable limits consistent with industry standards;
(d) Payment to the City of all taxes or obligations of the premises involved and limited to such
premises;
(e) A requirement that the operations of the premises shall be for a period of not less than nine (9)
months out of each calendar year of operation;
(f) A finding that disorderly conduct has occurred on the premises at least three times in the course
of any one particular calendar year-such violations to include instances where the licensee has
failed to request assistance of the police in maintaining order;
(g) And such other aspects of the proposed operation as would reasonably be a matter for public
concern pursuant to the police powers of the City of Kenai, Alaska.
Chapter 2.15 - Conformity to State Liquor Laws
Sections:
2.15.010 Incorporation of State Statutes.
2.15.010 Incorporation of State Statutes.
[INCORPORATED AS THOUGH SET FORTH IN FULL HEREIN, ARE THE FOLLOWING QUOTED PROVISIONS OF THE
STATUTES OF THE STATE OF ALASKA WHICH ARE IDENTIFIED BY SECTION NUMBER AND CATCHLINE TITLE
BELOW:] The provisions of Alaska Statutes related to furnishing alcohol to persons under the age of 21
and purchase of alcoholic beverages by persons under the age of 21 are hereby incorporated as if fully
set forth herein.
[SEC. 04.16.052 - FURNISHING OF ALCOHOLIC BEVERAGES TO PERSONS UNDER THE AGE OF 21 BY
LICENSEES.
SEC. 04.16.060 - PURCHASE BY PERSONS UNDER THE AGE OF 21.]
Chapter 2.20 - Sales on Election Day
Sections:
2.20.010 Sales Permitted.
2.20.010 Sales Permitted.
The provisions of Alaska Statute [04.16.070] related to sales of alcohol on election day do not apply
within the City of Kenai. [WHEN ELECTIONS ARE BEING HELD. AND I] Intoxicating liquor and marijuana may
be sold or otherwise disposed of within the City of Kenai on election days in the same manner and
pursuant to the same regulations as on other days.
Chapter 2.25 - Consumption
Sections:
2.25.010 Prohibited in Certain Places.
2.25.010 Prohibited in Certain Places.
No person shall consume intoxicating liquor on the public streets, alleys, parks, or other public places,
unless specifically exempted in this chapter. A person shall not be held in violation of this section where
it is shown that:
(a) Such person obtained such intoxicating liquor from a holder of a caterer’s permit, special events
permit, or recreational site license issued by the State of Alaska; and,
(b) Such person consumed such intoxicating liquor only while upon the premises described in the
license or permit referred to in (1) above.
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Chapter 2.35 - Violation of Chapter
Sections:
2.35.010 Penalty.
2.35.010 Penalty.
Any person, firm, or corporation who commits a violation as defined by this chapter or who otherwise
violates any provision of this chapter, shall be guilty of a [MISDEMEANOR] minor offence, and upon
conviction shall be punished [AS PROVIDED FOR MISDEMEANORS] in accordance with KMC 13.05.010.
Chapter 2.40 - Approval of an Activity of a Licensee
Sections:
2.40.010 Obligations to City.
2.40.020 Approval by Council.
2.40.010 Obligations to City.
[IT IS DETERMINED TO BE IN THE PUBLIC INTEREST THAT HOLDERS OF OR APPLICANTS FOR LICENSES ISSUED
BY THE ALCOHOLIC BEVERAGE CONTROL BOARD AND THE MARIJUANA CONTROL BOARD OF THE STATE OF
ALASKA SHALL HAVE ALL OBLIGATIONS TO THE CITY OF KENAI ON A SATISFACTORY BASIS PRIOR TO THE CITY
COUNCIL APPROVAL OF ANY ACTIVITY OF SAID LICENSE HOLDER OR APPLICANT.] To serve the public interest,
holders and applicants of licenses issued by the Board must fulfill all financial and regulatory obligations
to the City of Kenai.
2.40.020 Approval by Council.
[THE COUNCIL MAY APPROVE A NOTICE OF NON-OBJECTION FOR THE ISSUANCE, TRANSFER, OR RENEWAL OF
ANY LICENSE OR PERMIT ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL BOARD OR THE MARIJUANA
CONTROL BOARD IN THE CITY OF KENAI AS LONG AS THE LICENSEE(S) OR PERMITTEE(S) HAS SATISFIED ALL
OBLIGATION TO THE CITY OR ENTERED INTO A CITY APPROVED PAYMENT PLAN WITH THE BOROUGH OR CITY
ON ANY OBLIGATIONS OWED TO THE CITY AND THE LICENSEE(S) OR PERMITTEE(S) IS IN COMPLIANCE WITH
SUCH PAYMENT PLAN. IF THE LICENSEE(S) OR PERMITTEE(S) HAS AN OUTSTANDING OBLIGATION TO THE CITY
AND A CITY APPROVED PAYMENT PLAN HAS NOT BEEN ENTERED INTO, OR IF THE LICENSEE(S) OR
PERMITTEE(S) IS NOT IN COMPLIANCE WITH THE PLAN, THE COUNCIL MAY CAUSE A PROTEST TO BE FILED W ITH
THE STATE ALCOHOLIC BEVERAGE CONTROL BOARD OR MARIJUANA CONTROL BOARD.] The City Council
may approve a notice of non-objection for the issuance, renewal, relocation, transfer of ownership or
continuation of a license operating within the City of Kenai, provided the applicant(s) have satisfied all
obligations to the City or entered into a City approved plan with the Borough or City to satisfy unfulfilled
obligations. If the applicant is not in compliance with the plan, the Council may cause a protest to be
filed with the Board in accordance with KMC 2.10.020.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days
after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF MAY, 2025.
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Ordinance No. 3465-2025
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___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Introduced: April 16, 2025
Enacted: May 7, 2025
Effective: June 6, 2025
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MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Shellie Saner, City Clerk
DATE: April 4, 2025
SUBJECT: Ordinance No. 3465-2025 - Amending Kenai Municipal Code, Title 2 -
Alcoholic Beverage and Marijuana, Standardizing How Licenses are
Reviewed by the City, Allowing for Administrative Non-Objections for
Renewal of Existing Licenses when No Grounds to Object to the Renewal
are Identified, Updating Public Hearings for Protests or Conditional Non-
Objections, Aligning Municipal Code with Requirements of Alaska
Statutes, and Other Housekeeping Amendments.
During the April 2, 2025 City Council provided direction to update Kenai Municipal Code (KMC)
Title 2. If approved the Ordinance will make the following changes to KMC Title 2:
Chapter 2.05 - Definitions: This chapter was updated to include new definitions for "Board" and
"License." These additions enable consistent reference throughout the code to the Alaska
Alcoholic Beverage Control Board and Alaska Marijuana Control Board simply as "Board," and to
Liquor and Marijuana Licenses collectively as "License."
Chapter 2.10 - Review of License: This chapter underwent substantial updates, including two
new sections, revisions to public hearing procedures for alignment with State statute, and general
housekeeping amendments:
2.10.005 - Active License Review. This section implements Council’s request to receive an
annual list of active licenses operating in the city, submitted no later than:
October 31 for liquor licenses (expire December 31 every two years).
June 30 for marijuana licenses (expire August 31 annually).
This new section will allow timely review by City Council before the protest deadlines issued
by the Board.
2.10.010 - Review of Application. Formalizes the internal review process used when a license
application is received from the Board; allows for administrative issuance of non-objection
when no issues are identified; and clear guidance when a protest or conditional non-objection
are warranted.
2.10.020 - Public Hearings. Rewritten to align with the Alaska Administrative Code regarding
liquor license protests. Note: The provisions for marijuana licenses is for a hearing before the
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Marijuana Control Board. Holding a public hearing during a City Council meeting would show
local process prior to the issuance of a protest.
2.10.020 - Police to Investigate. Proposed for repeal. Police review is now identified in the
new section 2.10.010.
2.10.030 - Review Standards. Rephrased for clarity and ease of interpretation.
Chapter 2.15 Conformity to State Liquor Laws: The single section within this chapter was
rewritten to refer to subject matter rather than referencing specific Alaska Statute sections, which
may change over time.
Chapter 2.20 - Sales on Election Day: The single section within this chapter was updated to
refer to the subject matter rather than referencing a specific Alaska Statue section, which may
change over time.
Chapter 2.25 - Consumption: No proposed changes to this chapter.
Chapter 2.35 - Violations of Chapter: Update to reflect that City only prosecutes minor offences
and to reference the appropriate section of KMC regarding penalties.
Chapter 2.40 - Approval of Activity of a Licensee: Both sections were rewritten to modernize
the language. The intent remains unchanged.
Thank you for your consideration.
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Sponsored by: Administration
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CITY OF KENAI
ORDINANCE NO. 3466-2025
AN ORDINANCE AMENDING KENAI MUNICIPAL CODE, CHAPTER 4.32 RESIDENTIAL CODE, TO
REINSTATE PROVISIONS RELATED TO ENGINEERED DESIGN AND LOCATION, INCLUDING FIRE
CODE PROTECTION ON FLOORS PROVISIONS OF THE 2021 INTERNATIONAL RESIDENTIAL
CODE.
WHEREAS, the current residential code prohibits buildings to exceed prescriptive path limits of the
International Residential Code (IRC); and,
WHEREAS, it is in the best interest of new housing developments to provide safe design paths for new
house construction; and,
WHEREAS, repealing and amending these code sections will retain building safety while giving additional
design options 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. Amendment of Section 4.32.015 of Kenai Municipal Code: That Kenai Municipal Code,
Section 4.32.015, Local Amendments to the 2021 International Residential Code amended as follows:
R105.2 Work Exempt from Permit. Amend #1 to read:
One story accessory structures used as tool and storage sheds, playhouses and similar
uses, provided the floor area does not exceed 300 square feet. Permits are required for any
electrical, mechanical or plumbing provided.
Amend #10 to read:
Freestanding decks not structurally attached to another building and not exceeding 30
inches above grade.
R105.5 Expiration. Amend by adding a new sentence to read:
A building permit shall expire two (2) years after the date of issuance unless an extension
has been granted and approved by the building official. Extensions to a building permit may
not exceed 6 months.
R107.3 Temporary Power. Amend by deleting the reference to “NFPA 70” and replacing it with
“Electrical Code adopted by KMC.”
R108.3 Building Permit Valuations. Amend by inserting a new sentence after the first sentence to
read:
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The Building Valuation Data Table shown in the latest edition of the Building Safety Journal
published by the International Code Council shall be used to determine value.
R108.4 Related Fees. Amend by inserting a new sentence after the first sentence to read:
Any person who commences any work on a building before obtaining the necessary permits
shall be subject to an additional fee, equal to the cost of the building permit.
Section R112 Board of Appeals. Delete the entire section. Refer to KMC Chapter 4.40.
Section R113.4 Violation Penalties. Delete the entire section. Refer to KMC Chapter 4.40.
[R301.1.3 ENGINEERED DESIGN. DELETE THE ENTIRE SECTION.]
Table R301.2(1) Climatic and Geographic Design Criteria. Add the following information to the table:
Ground Snow Load 70 PSF
Wind Speed 100 mph
Seismic Design Category D2
Subject to Damage from:
Weathering Yes, severe
Frost Line Depth 42″
Termite No
Decay No
Winter Design Temperature -18 deg F
Flood Hazards No
Ice Shield Underlayment
Required
Yes
Air Freezing Index 3000
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Ordinance No. 3466-2025
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Mean Annual Temperature 35 degrees
R301.2.2.1.2 Alternate Determination of Seismic Design Category. Amend by deleting paragraphs
R301.2.2.1.2, R301.2.2.2, and Table R301.2.2.1.1 and replacing them with the following:
The seismic design category for the City of Kenai shall be D2.
R302.13 Fire protection of floors. Delete exception #2 to and relace with:
2. Floor assemblies located directly over a crawl space shall be permitted to be
unprotected where complying with either of the following:
2.1 The crawl space not intended for storage or for the installation of fuel-fired or
electric-powered heating appliances.
2.2 If the crawl space contains an a direct-vent sealed combustion appliance with
forced draft exhaust; combustion air intake must terminate to the building
exterior. Application of this exception requires installation of a Smoke Alarm
in the crawl space in accordance with the requirement of Section R314 Smoke
alarms, with the exception of R314.3 Location, and a Carbon Monoxide Alarm
in accordance with the requirements of Section R315 Carbon Monoxide
Alarms, with the exception of R315.3 Location.
R302.2.4 Structural Independence. Amend by deleting the phrase “one-hour fire resistance rated
wall” and replacing it with “two-hour fire resistance rated wall unless sprinklered per NFPA 13D.”
R302.2.4 Structural Independence. Delete Exception #5 and replace with:
5. Townhouses separated by a common 2-hour fire resistance rated wall as provided in
Section R302.2 or a 1-hour wall as provided in Section R302.2 and sprinklered per NFPA
13D.
R302.5.1 Opening Protection. Amend the second sentence by adding the words “self closing” before
the words “solid wood doors.”
Table R302.6 Dwelling/Garage Separation. Amend by replacing all references to 1/2-inch material
with references to 5/8-inch material.
R313 Automatic Fire Sprinkler Systems. Delete the entire section.
[R314.3 LOCATION. AMEND THE FIRST SENTENCE OF #3 TO READ:
3. ON EACH ADDITIONAL STORY OF THE DWELLING, INCLUDING BASEMENTS,
HABITABLE ATTICS AND CRAWL SPACES BUT NOT INCLUDING UNINHABITABLE
ATTICS.]
R316.5.4 Crawl Spaces. Add the following:
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Ordinance No. 3466-2025
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Exception: Foam plastics used in crawl space areas do not require thermal barrier provided
the following conditions are met:
1. Entry to crawl space is only to serve utilities.
2. There are no interconnected basement areas.
3. Air to the crawl space is not circulated to other parts of the building.
4. Foam plastic does not exceed a 2-inch thickness and a 2.5 pounds per cubic foot nominal
density.
5. Ventilation complying with section R408 is provided.
6. No gas-fired equipment is located in crawl space.
R401.1 Application. Add the following exception 3:
Wood foundations shall have a minimum 16-inch x 10-inch reinforced concrete footing.
R402.1.3 Restraint for Wood Foundations. Add a new subsection, R402.1.3 Restraint for Wood
Foundations, to read:
Basement. A 4-inch thick concrete slab poured against the studs. If a wooden screed is
used, it shall be pressure treated Douglas fir or hem fir.
Crawlspace.
Option 1: A minimum 5-inch wide by 4-inch deep concrete curb poured against the inside
face of the studs. The kicker shall be reinforced with a continuous horizontal No. 3
reinforcing bar. If the kicker is not poured with the continuous concrete footing, it may be
poured later provided vertical #3 reinforcing bars x 10 inches long shall be cast into the
footing at 2 feet on center. They shall extend 2 inches above the top of the footing. The
continuous #3 bar shall be secured to the vertical #3 bars.
Option 2: Installation of preservative treated 4″ x 4″s with a minimum 1/2″ x 12″ galvanized
anchor bolts at 24″ O.C. installed in footing against the inside face of studs along the entire
perimeter.
Exception: The above need not apply if a suitable alternate design is prepared by an
engineer registered in the State of Alaska and is approved by the Building Official.
R402.1.4 Dampproofing for Wood Foundation Walls. Add a new subsection, R402.1.4 Dampproofing
for Wood Foundation Walls, to read:
Approved dampproofing shall be applied over the below-grade portion of exterior basement
and crawlspace walls prior to backfilling. A treated lumber or plywood strip shall be attached
to the wall to cover the top edge of the approved dampproofing. The wood strip shall extend
at least two (2) inches above and five (5) inches below finish grade level to protect the
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Ordinance No. 3466-2025
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approved dampproofing from exposure to light and from mechanical damage at or near
grade. The joint between the strip and the wall shall be caulked full length prior to fastening
the strip to the wall. Alternatively, brick, stucco, or other covering appropriate to the
architectural treatment may be used in place of the wood strip. The approved dampproofing
shall extend down to the bottom of the concrete footing.
R403.1.1 Minimum Size. Amend the third sentence to read:
All footings shall be at least 10 inches in thickness.
R403.1.3 Seismic Reinforcing. Revise the second paragraph first sentence by changing “4 feet” to
“24 inches.”
R403.1.6 Foundation Anchorage. Amend by deleting the phrase “6 feet on center” and replacing it
with “four feet on center.” Further amend by deleting the measure of “1/2 inch” and replacing it with
“5/8 inch.”
R404.1.4 Seismic Design Category D0, D1 and D2. Add Subsection 5 to read “minimum reinforcement
shall consist of No. 4 horizontal bar placed at 24″ on center for poured concrete walls and No. 5
horizontal bar placed at 48″ on center for CMU walls.”
Revise Subsection 3 by deleting the word “plain.”
Revise Subsection 4 by changing the changing the number “3” to “5” and the words “4 feet” to “32
inches” and adding to the end of the paragraph “and minimum vertical reinforcement of one No. 4
bar located a maximum of 24 inches on center in poured concrete walls.”
R404.3 Wood Sill Plates. Delete the paragraph and substitute with the following:
Wood sill plates shall be minimum 2-inch x 6-inch and shall be bolted to the foundation or
foundation wall with not less than ten (10) inch-long by five-eighths (5/8) inch nominal
diameter galvanized steel bolts embedded at least seven (7) inches into the concrete or in
fully grouted cells of reinforced masonry and spaced not more than four (4) feet zero (0)
inches apart. There shall be a minimum of two bolts per piece with one bolt located within
12 inches of each end of each piece. Wood sill plates must be treated material specified in
Section R323.1.
R702.3.5.1 Screw Fastening. Amend by adding the following sentence at the end of the paragraph:
Gypsum board shall be attached with screws. Nails are not allowed.
R806.1 Ventilation Required. Amend by adding the following sentence to the end of the paragraph:
A non-ventilated roof system may be allowed as an alternate method when its design is
approved by the Building Official.
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
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Ordinance No. 3466-2025
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be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days
after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF MAY, 2025.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Introduced: April 16, 2025
Enacted: May 7, 2025
Effective: June 6, 2025
Page 20
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Joe Fisher, Building Official
DATE: April 4, 2025
SUBJECT: Ordinance No. 3466-2025 - Amending Kenai Municipal Code, Chapter
4.32 Residential Code, to Reinstate Provisions Related to Engineered
Design and Location, Including Fire Code Protection on Floors
Provisions of the 2021 International Residential Code.
This memo supports the removal of the following Sections from Title 4-Uniform Codes, of the
Kenai Municipal Code.
1) Remove Section 4.32.015 Subparagraph R301.1.3 Engineered Design. This subparagraph
deals with non-prescriptive design.
2) Amend Section 4.32.015 by Adding Subparagraph R302.13 Fire Protection of Floors. This
subparagraph deals with Under floor fire protection.
3) Remove Section 4.32.015 Subparagraph R314.3 Location. This subparagraph deals with
location of Smoke and Carbon Dioxide Alarms.
Subparagraph R301.1.3 deletes the provision that allows structural elements exceeding the limits
of the 2021 International Residential Code (IRC) to be designed in accordance with accepted
engineering practice thus exceeding the limits of the IRC. Without this provision all houses and
building built to the IRC could not exceed the design limitations of the IRC.
Subparagraph R302.13 amendment would allow an additional option for Fire Protection of floors.
This additional option would allow Smoke and Carbon Monoxide Alarms as an alternative to fire
protection of floors in crawlspaces when a sealed combustion heating appliance is installed in the
crawl space. This is a practice is common in most of our neighboring jurisdictions.
Subparagraph R314.3 was an amendment that will fall under new subparagraph R302.13.
While this ordinance would eliminate two subparagraphs and add another subparagraph it does
not reduce building safety. These amendments would however give our contractors and
homeowners options.
Thank you for your consideration.
Page 21
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3467-2025
AN ORDINANCE ACCEPTING AND APPROPRIATING A GRANT RECEIVED THROUGH THE
ALASKA ANIMAL CONTROL ASSOCIATION TO THE KENAI ANIMAL SHELTER FOR ATTENDANCE
AT THE ALASKA ANIMAL CONTROL ASSOCIATION 2025 TRAINING CONFERENCE.
WHEREAS, the Kenai Animal Shelter received a grant through the Alaska Animal Control Association in
the amount of $400; and,
WHEREAS, the Alaska Animal Control Association is hosting a training conference in Anchorage in May
of this year and the grant funds are designated to support staff attendance at the conference; and,
WHEREAS, the acceptance of these grant funds to further the mission of the Animal Shelter is in the
best interest of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the City Manager is authorized to accept these grant funds and to expend them as
authorized by this ordinance and in line with the intentions of the grant.
Section 2. That estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Grants – Animal Control $400
Increase Appropriations –
Animal Control – Transportation $400
Section 3. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF MAY, 2025.
___________________________________
Brian Gabriel Sr., Mayor
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Ordinance No. 3467-2025
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ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: April 16, 2025
Enacted: May 7, 2025
Effective: May 7, 2025
Page 23
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: David Ross, Police Chief
DATE: April 4, 2025
SUBJECT: Ordinance No. 3467-2025 - Accepting and Appropriating a Grant
Received Through the Alaska Animal Control Association to the Kenai
Animal Shelter for Attendance at the Alaska Animal Control
Association 2025 Training Conference.
The Kenai Animal Shelter received a $400 scholarship from the Alaska Animal Control
Association to assist with attendance to the Alaska Animal Control Association 2025 Training
Conference. The Conference will take place May 2nd-4th in Anchorage. There are two Animal
Control staff scheduled to attend the conference.
I am respectfully requesting consideration of the ordinance accepting and designating those funds
to the Kenai Animal Shelter as they were intended.
Page 24
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3468-2025
AN ORDINANCE ACCEPTING AND APPROPRIATING A DONATION TO THE KENAI COMMUNITY
LIBRARY FOR THE SUMMER READING PROGRAM 2025.
WHEREAS, the Kenai Community Library received a $1,000 donation for general support from Derek
Kaufman Fund, a Hilcorp donor advised fund of the Alaska Community Foundation; and,
WHEREAS, the funds will be used to enhance our Summer Reading Program; and,
WHEREAS, acceptance of these donations to further the mission of the Kenai Community Library is in
the best interest of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the City Manager is authorized to accept miscellaneous donations in the amount of
$1,000.
Section 2. That the following budget revision is authorized:
General Fund:
Increase Estimated Revenues –
Miscellaneous Donation $1,000
Increase Appropriations –
Library – Operating and Repair Supplies $1,000
Section 3. That the City Manager is authorized to expend these funds in line with the intentions of
the donors and this ordinance.
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 7TH DAY OF MAY, 2025.
___________________________________
Brian Gabriel Sr., Mayor
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Ordinance No. 3468-2025
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: April 16, 2025
Enacted: May 7, 2025
Effective: May 7, 2025
Page 26
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Katja Wolfe, Library Director
DATE: April 8, 2025
SUBJECT: Ordinance No. 3468-2025 - Accepting and Appropriating a Donation to
the Kenai Community Library for the Summer Reading Program 2025.
The Kenai Community Library received a donation of $1,000 for general support from Derek
Kaufman Fund, a Hilcorp donor advised fund of the Alaska Community Foundation. The donation
will be used to support this year’s Summer Reading Program, our biggest programs of the year.
We are deeply grateful for the continued support of our library!
Your consideration is appreciated.
Page 27
Sponsored by: Council Member Douthit
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3469-2025
AN ORDINANCE AMENDING KMC 1.85.060-CONFLICTS OF INTEREST PROHIBITED, TO ALLOW
MUNICIPAL OFFICERS AND CITY EMPLOYEES TO PARTICIPATE IN CERTAIN SALES OPEN TO
THE PUBLIC THROUGH A PUBLIC PROCESS AND NARROWING THE EXISTING PROHIBITION ON
PURCHASES TO PERSONAL PROPERTY ITEMS.
WHEREAS, in 2008, KMC 1.85.060-Conflicts of Interest Prohibited, was last amended by Ordinance
2319-2008, to include a prohibition prohibiting municipal officials and employees from acquiring surplus
or unneeded property of the City; and,
WHEREAS, the available legislative history indicates the intent of Ordinance 2319-2008 related to
prohibitions on acquiring City property, was to prohibit municipal officers and employees from bidding on
items in the City’s annual surplus auction, however the provision can be interpreted to prohibit municipal
officers or employees from acquiring anything from the City whether it be personal or real property which
is broader than necessary to protect the public interest and could have unnecessary adverse
consequences; and,
WHEREAS, while it is in the City’s best interest to have laws regarding conflicts of interest and ethics
that hold government officers and employees responsible and provide transparency for the public,
employees and municipal officers should not be prohibited from all arms-length transparent public sales
made generally available to the public; and,
WHEREAS, the proposed amendment continues the prohibition against biding in the City’s annual
surplus auction, and also strikes a reasonable balance by allowing municipal officers and employees to
purchase real property from the City when offered to the general public in an arms-length transaction and
the employee or officer has no information regarding the property or sales process that is not available
to the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Section of Kenai Municipal Code 1.85.060: That Kenai Municipal Code,
Section 1.85.060, Conflicts of Interest Prohibited is hereby amended as follows:
1.85.060 Conflicts of Interest Prohibited.
(a) A municipal officer, appointed commission member, or employee of the City of Kenai may not
solicit or receive money for advice or assistance given in the course of their official duties for the
City of Kenai.
(b) A municipal officer, appointed commission member, or employee of the City of Kenai may not
represent a client before the City Council for a fee. However, a commission member may
represent a client before a commission or the City Council for a fee if it does not involve a matter
that is/was before the member’s commission.
(c) A municipal officer, appointed commission member, or employee of the City of Kenai may not
accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the
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Ordinance No. 3469-2025
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understanding or agreement, expressed or implied, that he or she will cast a vote or given an
opinion, decision, or judgment in a particular manner, in a matter, question, cause, or proceeding
which then is or may by law come or be brought before him or her, or with the understanding or
agreement that the officer or employee will, in his or her official capacity, act in a particular manner
to produce or prevent a particular result.
(d) No Council or commission member may vote on any question in which he or she has a substantial
direct or indirect financial interest. Direct or indirect financial interests shall be disclosed to the
presiding officer prior to a vote on the question and the presiding officer shall determine whether
the financial interest exists and whether the prohibition from voting is applicable. A decision by
the presiding officer may be overridden by a unanimous vote of the members present, exclusive,
of the member presenting the possible conflict.
(1) Whether the direct or indirect financial interest is substantial shall be determined by the
presiding officer on a case-by-case basis, with evaluation of these factors:
(i) Whether the financial interest is a substantial part of the consideration;
(ii) Whether the financial interest directly and substantially varies with the outcome of the
official action;
(iii) Whether the financial interest is immediate and known or conjectural and dependent
on factors beyond the official action;
(iv) Whether the financial or private interest is significant monetarily;
(v) Other factors deemed appropriate by the presiding officer under the specifics of the
disclosure and the nature of the action taken before the council or commission.
(e) A municipal officer, commission member or employee of the City of Kenai may not use, or permit
others to use, any property owned by the City for profit or personal use or benefit, except:
(1) When available to the public generally, or to a class of residents, on the same terms and
conditions;
(2) When permitted by written personnel policies approved by the City of Kenai;
(3) When, in the conduct of official business, used in a relatively minor way for personal
convenience.
(f) A municipal officer, commissioner or employee of the City of Kenai shall not take or participate in
official action on matters, other than minor or routine issues, affecting a former employer for a
period one (1) year from the date of termination of the prior employment.
(g) A City employee may not participate in an official action in which he or she, or a member of his or
her household, has a substantial financial interest.
(h) A municipal officer, commissioner or employee of the City of Kenai who leaves municipal service
may not for one (1) year after leaving municipal service, represent, advise, or assist a person for
compensation regarding a matter that was under consideration by the City if the person
participated personally and substantially in the matter through the exercise of official action. This
restriction on employment after leaving municipal service does not prohibit the City from
contracting with a former City employee, commissioner or municipal officer on a matter on behalf
of the City. The City Council may waive application of this restriction by motion upon determination
that a proposed action is not adverse to the public interest.
Page 29
Ordinance No. 3469-2025
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(i) A municipal officer or employee of the City of Kenai is prohibited from bidding upon or otherwise
obtaining any personal property items which [IS] are unneeded or surplused by the City. Municipal
officers and employees may bid or propose on real property sales, or other interests in real
property, when offered to the general public. A municipal officer or employee cannot acquire a
real property interest through a negotiated sale or lease not available or advertised to the general
public and my not acquire property in which they were in a position to obtain information not
available to the general public with regard to the property itself or process of sale.
(j) A current or former municipal officer, commissioner or employee may not disclose or use
information gained in the course of, or by reason of, the person’s official duties that could
reasonably result in the receipt of any substantial personal or substantial financial benefit for the
person or his or her immediate family member unless the information has also been disseminated
to the public.
(k) A current or former municipal officer, commissioner or employee may not use or disclose without
appropriate authorization, information acquired in the course of official duties that is confidential.
(l) If any section or provision of this ordinance is held to be contrary to law by a court of competent
jurisdiction, that section or provision shall be deemed invalid. All other sections and provisions of
this chapter shall continue in full force and effect.
(m) The City Clerk shall cause a copy of this section to be distributed to every municipal officer,
commissioner and employee of the City of Kenai within thirty (30) days after its enactment. Each
municipal officer, commissioner and employee elected, appointed or engaged thereafter shall be
furnished a copy before entering into the duties of his or her office or employment.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days
after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF MAY, 2025.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Introduced: April 16, 2025
Enacted: May 7, 2025
Effective: June 6, 2025
Page 30
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Alex Douthit, Council Member
DATE: April 8, 2025
SUBJECT: Ordinance 3469-2025 - Amending KMC 1.85.060-Conflicts of Interest
Prohibited, to Allow Municipal Officers and City Employees to
Participate in Certain Sales Open to the Public Through a Public
Process and Narrowing the Existing Prohibition on Purchases to
Personal Property Items.
Kenai Municipal Code 1.85.060-Conflicts of Interest Prohibited, provides numerous limitations on
municipal officials (Council members, Mayor, planning and zoning commission members, City
Manager, Clerk and Attorney) and employees regarding their interactions with the City outside of
the official purpose of their engagement with the City. It is in the City’s best interest to have laws
regarding conflicts of interest and ethics that hold government officers and employees responsible
and provide transparency for the public. However, when KMC 1.85.060 was last amended in 2008
by Ordinance 2319-2008, new language was added that can be interpreted to be overly broad
and have unnecessary consequences. The 2008 Ordinance added a new section that reads:
(i) A municipal officer or employee of the City of Kenai is prohibited from bidding upon or
otherwise obtaining any property which is unneeded or surplused by the City.
While the minutes from the meeting when the Ordinance was passed indicate the intent was to
prohibit Kenai municipal employees and officials from bidding on items in the City’s surplus
auctions where unneeded personal property items are sold, 1 the language can be interpreted to
prohibit employees and officials from purchasing or acquiring anything form the City. This
prohibition could include submitting sealed bids on real property offered to the public, participating
in outcry auctions, or even buying retail items if the City sold them.
Recently the City held an outcry auction for residential property sold to the general public. The
City has several new employees, even some that would have qualified for a veteran’s discount
like other participating veterans, that depending on how 1.85.060(i) is interpreted may not have
been able to participate in the auction and build homes in the City on those lots, including
employees who had nothing to do with the auction and had no advantage or information that was
not available to the general public.
1 See attached exert of June 18, 2008 meeting minutes related to subsection (i).
Page 31
Page 2 of 2
Other municipalities like the Kenai Peninsula Borough allow their employees and officers to
purchase land offered by the municipality as long as it is an arms-length transaction and the
person does not have special knowledge about the property or transaction. Borough code
17.10.120-Terms of a Land Sale, provides in relevant part:
F. Restrictions:
1. A person who is delinquent in the payment of any tax, debt or obligation owed to the
borough may not buy, lease, or be authorized for any other use or disposition of borough
land.
2. An employee of the Kenai Peninsula Borough is not eligible to acquire land by negotiated
sale or negotiated lease.
3. An employee or contractor of the Kenai Peninsula Borough that was in a position to
obtain information not available to the general public about the disposal process may
not submit an application for a sealed bid sale held under 17.10.100(F) within the final
15 days of the offering period.
The proposed amendment narrows the scope of prohibitions in Kenai Code by continuing to
prohibit participation of officials and employees in the City’s annual surplus property auction or
purchase of other personal property, but allows municipal officials and employees to participate
in other sales or leases that are available to the general public, except when the property is
through a negotiated sale not offered or advertised to the general public or the person was in a
position to obtain information not available to the general public with regard to the property itself
or process of sale.
The proposed amendment intends to continue to hold employees and officials responsible,
provide transparency for the public, but not unnecessarily restrict employees and officials from
purchasing City owned real property otherwise available for public purchase.
Your consideration is appreciated.
Page 32
KENAI CITY COUNCIL MEETING
JUNE 18, 2008
PAGE 4
Council Member Molloy MOVED to amend the last sentence of subparagraph (h) (page
S of packet), adding "by motion" between "restriction" and "upon." Council Member
Ross SECONDED the motion.
iZ•Ti xii Ti i ] 4-i Y F
Student Representative Johnson: Absent
Swarner I Yes Smalley Yes Eldridge Yes
Ross Yes Molloy Yes Boyle Yes
Porter Yes
ofs[Iiil[i)i`f [.7.9•}1il*/4 iMC611MN'/I
I ifs3 li C•)c if li•7:h 1 h1.3a
Council Member Molloy MOVED to amend subparagraph (1) (page 6 of the packet) by
deleting "or by action of the Alaska State Legislature" Council Member Boyle
SECONDED the motion.
It was explained, new language could be drafted if the Legislature amends Title 29.
Student Representative Johnson: Absent
Swarner Yes Smalley Yes Eldridge Yes
Ross Yes Molloy Yes Bo le Yes
Porter Yes
MOTION PASSED UNANIMOUSLY.
Council Member Ross MOVED to amend subparagraph (i) by deleting ", commissioner'
after "A municipal officer" and by ending the sentence at ..."surplused by the city"
adding a period and deleting the remaining portion of the paragraph. Council Member
Swarner SECONDED the motion.
It was explained, there was some concern of unfair advantage if an employee would
bid on a surplus items and the amendment would eliminate the city manager from
making the decision of whether an employee had an advantage.
*
Page 33
KENAI CITY COUNCIL MEETING
JUNE 18, 2008
PAGE 5
Note: The motion to amend was changed, with the consent of the second, to include
the removal of ", commissioner" after a brief discussion of concern how such a
restriction from commissioners bidding on surplus equipment/item would be policed.
VOTE ON AMENDMENT:
Student Representative Johnson: Absent
Sw arner Yes Smalley Yes Eldridge ,Yes
1 Ross Yes Molloy j Yes Boyle ;Yes
Porter Yes i
1• • ._ us
Council Member Molloy requested that if a future amendment is made to the
ordinance with regard to the Legislature, to also include a definition of what is
confidential."
VOTE ON MAIN MOTION AS AMENDED:
Student Representative Johnson: Absent
Swarner Yes Smalley Yes Eldridge Yes
Ross Yes Molloy Yes Boyle j Yes
Porter Yes
MOTION PASSED UNANIMOUSLY.
E-3. Ordinance No. 2320-2008 -- Amending KMC 1.90.030 to Permit
Appointment of Up to Two Members to Certain Advisory Boards,
Commissions or Committees Who are Non -Residents of the City of Kenai
Providing They Work at Least One -Half Time Within the City.
VAi(iytl(•7t`p
Council Member Molloy MOVED to enact Ordinance No. 2320-2008 and Council
Member Eldridge SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to be heard, the
public hearing was closed. Council discussion followed during which concerns were
expressed with the addition of "up to two' non-residents on a commission/committee
would allow a majority of members to be non-residents.
Page 34
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2025-27
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE
STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES FOR A UTILITY EASEMENT FOR
THE CITY WATER MAIN.
WHEREAS, the City of Kenai entered into a Lease Agreement with the State of Alaska Department of
Natural Resources Division of Lands on March 11, 1971 to lease 4.13 acres of land described as T 6N
R 11W Sec 35 Seward Meridian KN 0860072 Alaska State Land Survey 84-157 Tract A (KBP Parcel
04103040); and,
WHEREAS, the lease is expiring on March 10, 2026; and,
WHEREAS, the City constructed, operated, and subsequently decommissioned Well House 1 between
1971 and 2023; and,
WHEREAS, the City deconstructed the former Well House 1 and removed all above ground structures
from the site in 2023; and,
WHEREAS, the City no longer needs access to the full 4.13-acre parcel; and,
WHEREAS, the City requires a utility easement to allow for monitoring, maintenance, and repairs to the
water main remaining along the northern boundary of the parcel; and,
WHEREAS, it is in the best interest of the City to obtain an easement from the State of Alaska Department
of Natural Resources to monitor, maintain, and repair water utility infrastructure in perpetuity or until such
time that the proposed easement is no longer needed by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to enter into an agreement for a utility easement on
KPB Parcel 04103040 as shown on the attached map.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF MAY, 2025.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Page 35
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
THROUGH: Kevin Buettner, Planning Director
FROM: Brandon McElrea, Planning Technician
DATE: April 9, 2025
SUBJECT: Resolution 2025-27 - Authorizing the City Manager to Enter Into an
Agreement with the State of Alaska Department of Natural Resources
for a Utility Easement for the City Water Main.
The City of Kenai (City) currently leases an approximately 4.13-acre parcel from the State of
Alaska Department of Natural Resources (DNR) which is the former site of the City water
wellhouse 1 facility. The wellhouse facility was removed in 2023, with the exception of the City
water main. The current lease expires March 10, 2026 and, as the parcel is no longer needed for
the original use, will not be renewed. However, after the termination of the current lease the Public
Works Department will require access to the section of land on which the water main resides in
order to perform monitoring, maintenance and repair. This easement will be in place in perpetuity,
or until such a time as the City relocates the water main, and will come at no cost to the City, per
DNR.
This Resolution authorizes the City Manager to enter into an Easement Agreement with DNR, in
perpetuity, or until such time that the proposed easement is no longer needed by the City.
Thank you for your consideration.
Attachments
Application Packet
Page 36
ADL# _______ _
(to be filled in by State)
STATE OF ALASKA
DEPARTMENT OF NATURAL RESOURCES
Division of Mining, Land and Water
APPLICATION FOR EASEMENT
AS 38.05.850
Applications that are submitted with unfilled sections or inadequate explanation and/or without application fees, a
location figure and/or a completed Division of Mining, Land and Water (DMLW) Environmental Risk Questionnaire will
be deemed incomplete. Incomplete applications will be returned without review. See DMLW's current fee regulations
(11 AAC 05) and associated Director's Fee Order for applicable non-refundable fee amounts. The filing of an application
does not guarantee processing or approval of the requested authorization.
Applicant: City of Kenai Doing Business As: _C_it_y_o_f _K_e_na_i __________ _
Agent: (if applicable; attach record of authorization to represent) Terry Eubank, City Manager ---------------------
Ma iii n g Address: 210 Fidalgo Avenue Email: _P_la_n_n_in_g_@_k_e_n_a_i._ci_ty ________ _
City/State/Zip: Kenai, AK 99611
Primary Phone: _(9_0_7_)2_8_3_-a_2_00 _________ Alternate Phone: _(9_0_7_)2_8_3_-8_2_36 _________ _
General Location: Mile 7.5 Kenai Spur Highway Municipality: City of Kenai --------------
Section ( s): 35 Township: 6 North Range: 11 WeS t Meridian: Sewa rd -----------
Section(s): ________ Township: ___ Range: ___ Meridian: __________ _
Attach a location figure, plan drawing or survey that shows the detailed location of the requested easement in relation
to adjoining property boundaries and reference points. All features must be labeled.
Dimensions requested (Complete line 1 for a lineal easement or line 2 for an easement with an irregular shape):
1. Length: (feet) 785 -75 Width: (feet) _s_o _____ _
2. Area: ________ Are units in O square feet or □ acres? (check one)
Term requested and rationale: In Perpetuity -City of Kenai water main section
Are you applying for a □ public or a l!I private easement? (check one) Rationale:
City water main location. City personell are the only ones needing access for maintenance or upgrades of utility.
Development plan summary/specific purpose of easement: (e.g., electric utility, fiber-optic cable, road, bridge,
airstrip/airport, driveway, trail, drainage). This information will be used to determine the scope of use of the easement.
A wellhouse and water main were installed on the subject parcel in 1970 while under lease by City of Kenai from DNR.
The wellhouse has since been removed, leaving the City water main. The lease expires March 10, 2026 and the City
does not intend to renew the lease, but requests an easement for the existing water main.
ADL# _____ _ Page 1 of 2
Easement Application Form 102-112 (Rev. 09/23}
Page 37
Is this an existing use? [!] Yes □ No. If yes, explain extent and duration of use to date:
The water main was installed in 1970, upgraded and modified in 1978, and remains the in place as of the date of this
request. Land initially leased by City of Kenai for site of wellhouse. Wellhouse since removed. Lease expires March 10,
2026.
Describe plans for initial construction. Be detailed. Include a list of authorizations for portions of the project that are
proposed for construction on adjoining lands, other permitting, and/or third-party non-objections: (Use extra sheets as
needed)
Initial water main installation took place in 1970, system upgraded in 1978. See attached Asbuilts.
Anticipated construction timeframe: _A_ll_c_o_n_st_ru_ct_io_n_c_o_m_p_le_t_e_s_in_c_e_1_9_7_0_. _______________ _
If this authorization is granted, I agree to construct and maintain the authorized improvements in an acceptable manner,
and to keep the area in a neat and sanitary condition; to comply with all the laws, rules, and regulations pertaining
thereto; and provided further that upon termination of the easement for which application is being made, I agree to
remove or relocate the improvements and restore the area without cost to the State and to the satisfaction of DMLW.
Applicant's Signature _________________ _ Date: ____________ _
This form must be filled out completely and submitted with the applicable fees. Failure to do so will result in a delay
in processing. AS 38.05.035(a) authorizes the director to decide what information is needed to process an application
for the sale or use of state land and resources. This information is made a part of the state public land records and
becomes public information under AS 40.25.110 and 40.25.120 (unless the information qualifies for confidentiality
under AS 38.05.035(a)(8) and confidentiality is requested, AS 43.05.230, or AS 45.48). Public information is open to
inspection by you or any member of the public. A person who is the subject of the information may challenge its
accuracy or completeness under AS 44.99.310, by giving a written description of the challenged information, the
changes needed to correct it, and a name and address where the person can be reached. False statements made in an
application for a benefit are punishable under AS 11.56.210.
In submitting this form, the applicant certifies that he or stre has not
changed the original text of the form or any attached documents provided
by the Division. In submitting this form, the applicant agrees with the
Department to use "electronic" means to conduct "transactions" (as those
terms are used in the Uniform Electronic Transactions Act, AS 09.80.010 -
AS 09.80.195) that relate to this form and that the Department need not
retain the original paper form of this record: the department may retain this
record as an electronic record and destroy the original.
ADL# _____ _
Easement Application Form 102-112 (Rev. 09/23)
For Department Use Only
Application received date stamp
Receipt Types:
D 13A Pipeline Easement
D 13 Other Easement
Page 2 of 2
Page 38
Page 39
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2025-28
A RESOLUTION AUTHORIZING CONTRACT AWARDS FOR PURCHASE OF WATER AND
WASTEWATER CHEMICALS.
WHEREAS, an Invitation to Bid was released on April 1, 2025 with bids due on April 16, 2025 for the
Water and Wastewater Chemicals; and,
WHEREAS, three bids were received
Vendor Bid Price
Brenntag Pacific, Inc. $87,400.35 (water and wastewater chemicals)
Univar Solution, USA LLC $99,997.00 (water and wastewater chemicals)
PolyDyne, Inc. $53,360.00 (wastewater polymer only); and,
WHEREAS, Brenntag Pacific, Inc. was the lowest bid for the water and wastewater chemicals at
$87,400.35; and,
WHEREAS, Polydyne, Inc. was the lowest bid for the wastewater polymer at $53,360.00; and,
WHEREAS, the bids were determined to be responsive and responsible; and,
WHEREAS, it is in the best interest of the City to award the contracts to Brenntag Pacific, Inc. and
Polydyne, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to execute a contract with Brenntag Pacific, Inc. in
the amount of $87,400.35 for water and wastewater chemicals and with PolyDyne, Inc. for $53,360.00
for wastewater polymer.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF MAY, 2025.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Page 45
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Lee Frey, Public Works Director
DATE: April 29, 2025
SUBJECT: Resolution No. 2025-28 - Authorizing Contract Awards for Purchase of
Water and Wastewater Chemicals.
This memo requests Council’s approval to award contracts for water and wastewater chemicals
for Brenntag Pacific, Inc. and for wastewater polymer to Polydyne, Inc. The project was released
for bidding and three bids were received. Bids received are as follows:
Vendor Bid Price
Brenntag Pacific, Inc. $87,400.35 (water and wastewater chemicals)
Univar Solution, USA LLC $99,997.00 (water and wastewater chemicals)
PolyDyne Inc. $53,360.00 (wastewater polymer only)
Brenntag Pacific, Inc. was the low bidder for the sodium hypochlorite, sodium bisulfite, and
hydrated lime with a total cost of $87,400.35 and Polydyne, Inc. was the low bidder for the
emulsion polymer with a total cost of $53,360.00.
The chemicals are used for treatment processes at the water and wastewater treatment plants.
Award of this agreement is in the best interest of the City. Council’s approval is respectfully
requested.
Page 46
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2025-29
A RESOLUTION AUTHORIZING CONTRACT AWARD FOR ALIAK STORM WATER REHAB DESIGN.
WHEREAS, a Request for Proposals was released on March 20, 2025 with proposals due on April 17,
2025 for the Aliak Storm Water Rehab Design; and,
WHEREAS, three proposal were received
Consultant Total Score
Bell & Associates 257
McLane Consulting Inc. 256
Nelson Engineering, PC 244; and,
WHEREAS, Bell & Associates was the highest ranking proposal with a cost of $32,920; and,
WHEREAS, the proposals were determined to be responsive and responsible; and,
WHEREAS, the Aliak design project will develop construction documents to repair the road and
infrastructure associated with the existing failing storm water system; and,
WHEREAS, it is in the best interest of the City to award the contract to Bell & Associates.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to execute a contract with Bell & Associates in the
amount of $32,920 for Aliak Storm Water Rehab Design.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF MAY, 2025.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Page 47
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Lee Frey, Public Works Director
DATE: April 30, 2025
SUBJECT: Resolution No. 2025-29 - Authorizing a Contract Award for Aliak Storm
Water Rehab Design.
This memo requests Council’s approval to award a contract for design of Aliak Street Storm Water
Rehabilitation to Bell & Associates. The project was released for proposals and three proposals
were received. Proposals were reviewed and scored by and evaluation committee and scores are
as follows:
Consultant Total Score
Bell & Associates 257
McLane Consulting Inc. 256
Nelson Engineering, PC 244
Bell & Associates was the highest ranking proposer for the project with an associated cost of
$32,920.
The Aliak Storm Water Rehab Design project will design removal the failing storm water lines
under the road, installation of alternate drainage infrastructure and repaving of the road.
Award of this agreement is in the best interest of the City. Council’s approval is respectfully
requested.
Page 48
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2025-30
A RESOLUTION APPROVING AMENDMENTS TO THE AGREEMENT FOR CONTRACT SERVICES
FOR VINTAGE POINTE MANOR CONGREGATE HOUSING.
WHEREAS, the City entered into an agreement with William Sadler to provide on-site facility
management services for Vintage Pointe Manor Congregate Housing for two years and nine months with
an expiration date of June 30, 2024; and,
WHEREAS, the agreement allows for two one-year extensions of the agreement by mutual consent of
the parties; and,
WHEREAS, Mr. Sadler and Administration agreed to extend the Agreement for services from July 1,
2024 to June 30, 2025 with an increase of approximately five percent to continue providing on-site
services at Vintage Pointe Manor due to escalating supply costs which are provided at the contractor’s
expense; and,
WHEREAS, Mr. Sadler and Administration agreed to extend the Agreement for services for one final year
from July 1, 2025 to June 30, 2026 with an increase of $1.50 to the hourly rate for additional and/or
emergency services; and,
WHEREAS, Mr. Sadler has performed well under the contract and it is in the best interest of the City to
approve the extension and cost related amendment and authorize the City Manager to approve the final
one-year extension at the City Manager’s discretion.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Second Amendment to Agreement for Services attached hereto, extending the
Agreement to provide on-site facility management services for Vintage Pointe Manor Congregate
Housing and increasing the hourly rate of $1.50 for additional and/or emergency services is approved for
execution by the City Manager, and the City Manager is authorized to execute the final one-year
extension at the City Manager’s discretion.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF MAY, 2025.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Page 49
Second Amendment to Agreement for Services Page 1 of 3
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
This Second Amendment to Agreement for Services is between the City of Kenai
(Owner), whose address is 210 Fidalgo, Kenai, AK 99611 and William Sadler
(Contractor), whose address is 381 Senior Ct., Apt. 106, Alaska 99611.
WITNESSETH:
WHEREAS, Owner and Contractor entered into an Agreement for Services
effective October 1, 2021, for an initial three-year period, to provide on-site facility
management services for the Vintage Pointe Manor Congregate Housing Facility, owned
by the City of Kenai; and,
WHEREAS, Owner and Contractor agreed to extend the Agreement for services
for one year from July 1, 2024 to June 30, 2025, with an increase of 5% of the base rate
for an annual base amount of $72,664 plus overhead and profit for materials and supplies
other than those regular maintenance tasks at 18% and an hourly rate for additional
and/or emergency service at $31.00 per hour; and,
WHEREAS, Owner and Contractor both desire to extend the Agreement for one
final year as permitted in the Agreement; and,
WHEREAS, Section 19 of the Agreement allows for mutual modifications in
writing.
NOW THEREFORE, the parties agree as follows:
Page 50
Second Amendment to Agreement for Services Page 2 of 3
1. Paragraph 1 of the Agreement is amended to extend the term of the
Agreement for one (1) year from July 1, 2025, to June 30, 2026, unless terminated earlier
as provided in the Agreement.
2. Paragraph 1 of the agreement is further amended by changing the last
sentence in the paragraph to read:
Contractor shall be paid an annual sum beginning July 1, 2025 of $72,664 for
maintenance manager services including purchase of materials and supplies for regular
maintenance tasks, plus overhead and profit for materials and supplies other than those
regular maintenance tasks at a rate of 18%, plus an hourly rate of $32.50 for additional
and/or emergency services.
3. All other terms and conditions of the Agreement for Services remain in full
force and effect except as expressly modified or stated herein.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment
to Agreement for Services the day and year set forth below.
CITY OF KENAI
By: _________________________
Terry Eubank
Its: City Manager
CONTRACTOR
By: _________________________
William Sadler
Page 51
Second Amendment to Agreement for Services Page 3 of 3
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ___ day of ______,
2025, by Terry Eubank, City Manager of the City of Kenai, an Alaska municipal
corporation, on behalf of the City.
___________________________________
NOTARY PUBLIC for State of Alaska
My Commission Expires: ____________
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ___ day of ________,
2025, by William Sadler.
___________________________________
NOTARY PUBLIC for State of Alaska
My Commission Expires: ____________
Approved as to form:
__________________________
Scott M. Bloom
City Attorney
Page 52
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: April 29, 2025
SUBJECT: Resolution No. 2025-30 - Approving Amendments to the Agreement
for Contract Services for Vintage Pointe Manor Congregate Housing.
The current contract for Vintage Pointe Manor is a two-year, nine-month agreement with William
Sadler, expiring on June 30, 2024. The contract includes the option for two one-year extensions
by mutual consent.
The first one-year extension, covering July 1, 2024, through June 30, 2025, was negotiated
between Mr. Sadler and Administration and approved by Council on April 17, 2024 through
Resolution 2024-15.
Section 19 of the agreement allows for mutual modifications. Mr. Sadler was the sole bidder in
the 2021 Request for Proposal (RFP) for Vintage Pointe Maintenance. Throughout his tenure, he
has maintained a strong working relationship with the City and consistently earns a 100%
approval rating from residents.
The final one-year extension, covering July 1, 2025, to June 30, 2026, has been negotiated and
includes a $1.50 hourly rate increase for additional and/or emergency services.
I respectfully request approval of Resolution 2025-30, authorizing the second and final one-year
extension of the contract for services at the Vintage Pointe Manor Congregate Housing Facility
and granting the City Manager discretion to execute the extension.
Thank you for your consideration.
Page 53
Sponsored by: City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2025-31
A RESOLUTION AMENDING THE KENAI MUNICIPAL CEMETERY REGULATIONS AND FEE
SCHEDULE POLICY NUMBERING IT PRK-70.001, REVISING MARKER AND HEADSTONE
REGULATIONS AND MAKING OTHER HOUSEKEEPING AMENDMENTS.
WHEREAS, the current Kenai Municipal Cemetery Regulations Policy was adopted via Ordinance 3293-
2022; and,
WHEREAS, numbering this policy as Policy No. PRK-70.001 supports the City's ongoing effort to
maintain an organized policy structure; and,
WHEREAS, the ongoing Cemetery headstone audit has identified a need for clarification in the Marker
and Headstone section of the policy to ensure the regulations reflect standard headstone placement
practices; and,
WHEREAS, the proposed amendments clarify the permitted number and placement of markers allowed
on individual plots or across adjoining plots; and,
WHEREAS, including a new requirement that names and dates either be deeply engraved or raised in
high relief to ensure the long-term legibility of inscriptions; and,
WHEREAS, other housekeeping amendments establish consistent terminology throughout the policy;
and,
WHEREAS, the Parks & Recreation Commission recommended approval at their May 1, 2025 Regular
Meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That City Council Policy PRK-70.001 Kenai Municipal Cemetery as amended and
attached is hereby adopted.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7TH DAY OF MAY, 2025.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Page 54
PRK – 70.001 KENAI MUNICIPAL CEMETERY REGULATIONS
Effective Date: Pending Page 1 of 6
CITY OF KENAI
PRK – 70.001
KENAI MUNICIPAL CEMETERY REGULATIONS
Approved by:
City Council
PRK – 70.001 KENAI MUNICIPAL CEMETERY REGULATIONS
Purpose
The City of Kenai has ordinances and regulations in place for the administration of the Kenai
Municipal Cemetery. These regulations apply to all persons utilizing the Kenai Municipal
Cemetery. This document has been prepared as an informational guide and is not inclusive of all
ordinances and regulations.
The Kenai City Clerk is charged with administration and maintains necessary records required by
the State to ensure continuity in the operation of the cemetery. The Parks and Recreation Director
enforces all cemetery regulations.
Administration and General Provisions
Hours of Operation: The Kenai Municipal Cemetery is open year-round for pedestrian traffic. No
person shall enter the Kenai Municipal Cemetery except through the established access routes.
Summer/Winter hours when vehicle access is permitted are as follows:
1. Summer Hours – 6:00 a.m. to 10:00 p.m. from May 1st to September 30th
2. Winter Hours – Closed from October 1st to April 30th
Fees: All fees shall be as set forth in the City’s schedule of fees adopted by the City Council. The
purchase of interment [SPACES] locations, interment services or required deposits shall be made
through the City Clerk or a professional service provider licensed by the State of Alaska and
authorized by the City. At the time of purchase of an interment [SPACE] location, a designated
interment [SPACE] location will be assigned upon receipt payment.
Re-sell or re-assign: It is prohibited for the purchaser of an interment [SPACE] location to re-sell or
re-assign except to the City.
Records: The City Clerk shall maintain all records of interment or disinterment within the Kenai
Municipal Cemetery. The record shall include all files, maps and [BURIAL] records of interment and
inurnment.
Interment and Disinterment
All interment or disinterment’s shall be made in compliance with the laws and regulations of the
City of Kenai and State of Alaska.
The City Clerk shall be provided with the appropriate State burial-transit permits before interment
will be permitted; a burial-transit permit is not required when interring cremains. [THE BURIAL
PLOTS] Interment plots can be used for no other purpose than interment of human remains and
Page 55
PRK – 70.001 KENAI MUNICIPAL CEMETERY REGULATIONS
Effective Date: Pending Page 2 of 6
CITY OF KENAI
PRK – 70.001
KENAI MUNICIPAL CEMETERY REGULATIONS
Approved by:
City Council
cremains plots or columbarium niches can be used for no other purpose but inurnment of human
remains.
Interment [SPACE] Location Specifications: One (1) casket and up to two (2) cremains may be
interred in a standard or infant plot. Up to three (3) cremains may be buried in a standard or infant
plot. Only one (1) cremains may be inurned in a cremains plot. Up to two cremains may be inurned
in a standard columbarium niche. (Inner Niche dimensions 12” x 12”.)
All columbarium niche openings and closings shall be overseen by the City and under the
supervision of the Parks and Recreation Director or designee. A niche may be opened only at the
request of the niche owner as listed in the cemetery records or as determined by the City Clerk.
The initial opening and closing (inurnment) of the niche is included in the original cost of the niche.
Additional openings and closings thereafter, for a second [INTERMENT] inurnment or for other
reasons are charged at a rate pursuant to the City’s Schedule of Rates, Charges and Fees.
All plot preparations for interments or disinterment’s shall be overseen by the City and under the
supervision of the Parks and Recreation Director or designee. Opening and closing of [GRAVES]
interment plots shall be conducted by a professional licensed by the State of Alaska and
authorized by the City to provide interment services within the Kenai Municipal Cemetery.
Maintenance and Landscaping
The City of Kenai shall take reasonable precaution to protect all interment markers within the
Kenai Municipal Cemetery from loss or damage but expressly disclaims any responsibility for loss
or damage from causes beyond such reasonable precautions. Damages incurred directly or
collaterally and caused by or resulting from thieves, vandals, malicious mischief, natural disaster
or unavoidable accidents shall be excluded from the City of Kenai’s responsibilities.
The City will, if able to, clear a path to the interment [SITE] location when an interment is scheduled
during winter months; however, the City reserves the right to suspend interment services due to
high snow levels, other severe weather conditions or natural disasters.
Plants and Decorations
Prohibited:
• Enclosures such as picket fences or establishing a perimeter around an interment [SITE]
location are prohibited.
• Planting of trees, shrubbery, plants or turf within the Kenai Municipal Cemetery is
prohibited.
• Attaching decorations to trees, shrubs or fences is prohibited.
Page 56
PRK – 70.001 KENAI MUNICIPAL CEMETERY REGULATIONS
Effective Date: Pending Page 3 of 6
CITY OF KENAI
PRK – 70.001
KENAI MUNICIPAL CEMETERY REGULATIONS
Approved by:
City Council
Permitted:
• Boxes, shelves, toys and other such articles upon an [GRAVE OR BURIAL LOT] interment
location shall be permitted only if contained within the plot and maintained monthly (April
1 through September 30). Articles that are not maintained, impede maintenance efforts,
or become unsightly will be removed and discarded without prior notice at the discretion
of the Parks and Recreation Director or designee.
• Plastic or silk flowers and artificial decorations are permitted.
• All decorations (except those on [BURIALS] interments less than thirty (30) days) will be
removed during a selected Saturday in the month of May each year during the annual
cemetery clean up. A twenty (20) day notice will be posted at the cemetery. Family and
friends may either remove their properly placed decorations before Saturday’s clean up
and replace them later, or request the cemetery not to remove their properly placed
decorations by calling or writing the Parks and Recreation Director. A final cleanup of the
cemetery will also occur in late September.
• A professional licensed by the State of Alaska and authorized by the City may provide,
place and remove greens, decorations or seating used for an interment service and must
provide necessary lowering devices.
Plants, flowers, decorations, or articles not otherwise removed by the deadlines or regulations set
forth herein, or that have become withered or discolored, will be removed by the Parks and
Recreation Director or designee without prior notice. The cemetery is not responsible for damage
or liable for the return of such items.
No material shall be allowed to remain in the Kenai Municipal Cemetery longer than is reasonably
necessary for any construction work. During periods of break-up, no heavy hauling will be
permitted. Within one (1) year of interment, [GRAVES] plots shall be restored to ground level and
re-seeded.
Marker and Headstones
[NO MORE THAN ONE (1) MARKER OR HEADSTONE PER PLOT SHALL BE ALLOWED. ALL MARKER OR
HEADSTONE PLACEMENT AND REMOVALS SHALL BE OVERSEEN BY THE CITY UNDER THE SUPERVISION
OF THE PARKS AND RECREATION DIRECTOR OR DESIGNEE. UPRIGHT MARKERS OR HEADSTONES SHALL
ONLY BE ALLOWED IN SPECIFIC DESIGNATED AREAS, ALL OTHER AREAS SHALL BE MARKED WITH FLAT
MARKERS OR HEADSTONES THAT ARE FLUSH WITH THE GROUND AND ARE MAINTAINED WITHIN THE FOOT
PRINT OF THE PLOT. MARKERS SHALL BE CONSTRUCTED OF MATERIALS THAT WILL NOT DECAY, ROT OR
DECOMPOSE. EXAMPLES ARE HARD STONE, CONCRETE OR HARD METALS.
THE CITY WILL ATTEMPT TO REASONABLY ACCOMMODATE ANY RELIGIOUS PRACTICES THAT MAKE
CONFORMANCE WITH THE BELOW REQUIREMENTS IMPOSSIBLE.]
Page 57
PRK – 70.001 KENAI MUNICIPAL CEMETERY REGULATIONS
Effective Date: Pending Page 4 of 6
CITY OF KENAI
PRK – 70.001
KENAI MUNICIPAL CEMETERY REGULATIONS
Approved by:
City Council
All marker or headstone placement and removals shall be overseen by the City under the
supervision of the Parks and Recreation Director or designee. Upright markers or headstones
shall only be allowed in specific designated areas, all other areas shall be marked with flat markers
or headstones that are flush with the ground. Markers and headstones shall comply with the
following provisions:
• Each interment location must have at least one (1) permanent marker or headstone.
• Each standard or infant plot may have a maximum of three (3) markers, and each
cremains plot may have a maximum of one (1) marker. If the plot is located in an area
designated for upright headstones, one (1) upright marker is permitted; any additional
markers must be flush with the ground.
• Markers shall be constructed of materials that will not decay, rot or decompose. Examples
are hard stone, concrete or hard metals.
• Inscriptions of names and dates must be deeply engraved or raised in high relief to ensure
long-term legibility.
The City will attempt to reasonably accommodate any religious practices that make conformance
with the above requirements impossible.
Marker Deposit: If at the time of interment, a marker or headstone is not ordered, the City will
collect a deposit. Deposit refunds will be issued after proper installation of a marker or headstone.
If after eighteen (18) months for a plot and six (6) months for a columbarium niche a permanent
marker or headstone has not been installed, the City shall install a marker or headstone utilizing
the deposit as payment.
Marker and Headstone Placement: Markers for cemetery interment plots may be set in a concrete
base and installed at the head of the [GRAVE] plot(s), centered and within the assigned plot(s).
The Parks and Recreation Director must be notified prior to any plot preparation, construction, or
placement of headstone or marker.
Columbarium Markers: These markers shall follow a standard format, font, and size as
determined by the City and shall include the first and last name of the deceased, year of birth,
and year of death.
Columbarium Inscriptions: An inscription is required to be inscribed directly onto the granite
faceplate. The Kenai City Cemetery requires a specific format for unification of inscriptions that
shall be followed according to the purchaser’s name designation. Emblems and/or photos will be
allowed as space allows. When a suffix is needed (Jr., Sr., IV, etc.) they will be placed after the
first name.
Page 58
PRK – 70.001 KENAI MUNICIPAL CEMETERY REGULATIONS
Effective Date: Pending Page 5 of 6
CITY OF KENAI
PRK – 70.001
KENAI MUNICIPAL CEMETERY REGULATIONS
Approved by:
City Council
Prohibited
Alcoholic beverages or controlled substances are strictly prohibited within the confines of the
cemetery.
Fire/Flames: Open flames or fires of any type are prohibited within the confines of the Cemetery.
This includes candles, memorial lanterns, barbeques or any other type of flame or fire.
Motorized Vehicle: Trucks over one ton, buses, tractors, trailers and over sized vehicles are strictly
prohibited from the cemetery unless approved in writing by the Parks and Recreation Director or
designee.
Motorized-Off Road Vehicles: motor bikes, three and four wheelers are prohibited in the cemetery.
It is unlawful for any person to operate any motorized off-road vehicles within the cemetery.
Non-Motorized transportation: Bicycles, skateboards, roller blades, roller skates or other such
riding devices are prohibited within the cemetery.
Page 59
PRK – 70.001 KENAI MUNICIPAL CEMETERY REGULATIONS
Effective Date: Pending Page 6 of 6
CITY OF KENAI
PRK – 70.001
KENAI MUNICIPAL CEMETERY REGULATIONS
Approved by:
City Council
Effective Date Description of Changes
July 15, 2022 Initial policy approved via Ordinance No. 3293-2022
Pending
Revising Marker and Headstone Regulations and Making Housekeeping
Changes.
Page 60
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Shellie Saner, City Clerk
FROM: Meghan Thibodeau, Deputy City Clerk
DATE: April 21, 2025
SUBJECT: Resolution No. 2025-31 - Amending the Kenai Municipal Cemetery
Regulations and Fee Schedule Policy Numbering It PRK-70.001,
Revising Marker and Headstone Regulations and Making Other
Housekeeping Amendments.
The Resolution proposes several housekeeping changes to the Marker and Headstone section
of the Kenai Municipal Cemetery Regulations & Fee Schedule. Since the Regulations were last
updated in 2022, the Clerk’s Office has been performing an audit on Cemetery records which
includes collecting photo of headstones installed at the Cemetery. Through the audit,
inconsistencies between cemetery regulations and current practices were identified. Proposed
changes include:
• Clarification on marker limits per plot: The current language limits each plot to a single
marker or headstone. Because up to three burials may occur in a single standard plot, the
revised policy will allow for one marker per standard or infant plot, limited to one upright
per plot.
• Headstones spanning multiple plots: The current language states that all markers must be
“maintained within the foot print of the plot,” and “within the assigned plot.” This language
inadvertently prohibits shared or dual markers that span two or more plots, which is
common practice. The revised policy would remove this restriction.
• New standard for marker inscriptions: A new provision would require that marker and
headstone inscriptions be deeply engraved or raised in high relief. Through the Cemetery
headstone on-site audit, it has been noted there are markers which had been painted or
lightly scratched-out by hand in way that will likely deteriorate and become illegible over
time.
• Consistent terminology: Terms such as “burial site,” “burial space,” and “grave” have been
updated to interment location (referring to both plots and columbarium niches) or interment
plot (referring specifically to in-ground spaces).
The Parks & Recreation Commission recommended approval of these amendments at its
regular meeting on May 1, 2025. Your consideration is appreciated.
Page 61
KENAI CITY COUNCIL – SPECIAL MEETING
APRIL 15, 2025 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR BRIAN GABRIEL, PRESIDING
City of Kenai Council Meeting Page 1 of 2
April 15, 2025
MINUTES
A. CALL TO ORDER
A Special Meeting of the Kenai City Council was held on April 15, 2025, 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 Henry Knackstedt, Vice Mayor
Phil Daniel Deborah Sounart (arrived at 6:02 p.m.)
Alex Douthit Victoria Askin
Sovala Kisena
A quorum was present.
Also in attendance were:
Terry Eubank, City Manager
Scott Bloom, City Attorney
Shellie Saner, City Clerk
3. Agenda Approval
MOTION:
Vice Mayor Knackstedt MOVED to approve the agenda. Council Member Askin SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
B. PUBLIC COMMENTS - None.
C. EXECUTIVE SESSION
1. Review and Discussion of the City Attorney's Evaluation which May be a Subject that Tends to
Prejudice the Reputation and Character of the City Attorney [AS 44.62.310(C)(2)].
2. Review and Discussion of the City Manager's Evaluation which May be a Subject that Tends to
Prejudice the Reputation and Character of the City Manager [AS 44.62.310(C)(2)].
MOTION:
Vice Mayor Knackstedt MOVED to enter into executive session to review and discuss the annual
evaluation of the City Attorney and City Manager which may be a subject that tends to prejudice the
reputation and character of the City Attorney and City Manager. [AS 44.62.310(C)(2)]. Mr. Bloom and Mr.
Eubank have elected to have the discussion regarding their evaluations take place in executive session.
The executive session will include Mayor Gabriel and City Council Members; City Attorney Bloom will be
included if and when the Council requests his presence; and City Manager Eubank will be included if and
when the Council requests his presence.
Page 62
City of Kenai Council Meeting Page 2 of 2
April 15, 2025
Council Member Askin SECONDED the motion.
VOTE:
YEA: Askin, Douthit, Kisena, Gabriel, Knackstedt
NAY: None
ABSENT: Daniel, Sounart
MOTION PASSED.
[Council Member Sounart arrived at 6:02 p.m.]
MOTION:
Vice Mayor Knackstedt MOVED to reconvene into regular session. Council Member Askin SECONDED
the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
[Clerk’s Note: The Council entered into executive session at 6:03 p.m. and reconvened into regular session at 7:09
p.m.]
It was reported that Council entered into executive session and discussed the City Attorney evaluation
with the City Attorney; discussed the City Manager evaluation with the City Manager
D. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:10 p.m.
I certify the above represents accurate minutes of the Kenai City Council Special meeting of April 15,
2025.
___________________________________
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 will not affect the outcome of the official council vote. Advisory votes
will be recorded in the minutes. A student representative may not move or second items during a council
meeting.
Page 63
KENAI CITY COUNCIL – REGULAR MEETING
APRIL 16, 2025 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR BRIAN GABRIEL, PRESIDING
City of Kenai Council Meeting Page 1 of 8
April 16, 2025
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on April 16, 2025, 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 Henry Knackstedt, Vice Mayor
Phil Daniel Deborah Sounart
Alex Douthit Victoria Askin
Sovala Kisena
A quorum was present.
Also in attendance were:
**Xiling Tanner, Student Representative
Terry Eubank, City Manager
Scott Bloom, City Attorney
David Swarner, Finance Director
Kevin Buettner, Planning Director
Tyler Best, Parks and Recreation Director
Eric Jean, Public Works Assistant Director
Joe Fisher, Building Official
Shellie Saner, City Clerk
3. Agenda and Consent Agenda Approval
MOTION:
Vice Mayor Knackstedt MOVED to approve the agenda and consent agenda. Council Member Sounart
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.
*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.
Page 64
City of Kenai Council Meeting Page 2 of 8
April 16, 2025
B. SCHEDULED ADMINISTRATIVE REPORTS
1. Fiscal Year 2024 Audit Report, Principal Assurance Practice Leader Joy Merriner, BDO USA,
LLP.
Ms. Merriner reported on the Fiscal Year 2024 Audit Wrap-up Document, providing an overview of the
audit results; review of internal controls; implantation of new Governmental Accounting Standards Board
(GASB) regulations; reported in unmodified clean opinion; and encouraged Council to review the
Management’s Discussion Analysis.
C. SCHEDULED PUBLIC COMMENTS
1. Boys and Girls Club of the Kenai Peninsula, Chief Executive Officer Shanette Wik.
Ms. Wik addressed the Council regarding the Teen Center (Center), noting that the local teen attendance
is significantly higher than the state and national averages; teens from the Center participate in
community services at the Food Bank, Salvation Army and mentoring youth at the clubhouse; and
reported the Center operates in a financial deficit; does not charge membership fees; and staff actively
seeks additional funding sources.
There was discussion regarding the current activities and future plans for the new campus; the new child
care center; three very large class rooms; getting kids ready for life after high school, by teaching life
skills with the commercial kitchen, gardens and greenhouse; and opportunities for community members
to make donations.
Isabella Shannon, Teen Center participant addressed the Council regarding staff at the Center helping
Teens get to know each other; and the positive learning environment at the Center.
2. Central Area Rural Transit System (CARTS), Board of Directors Secretary Linda Hutchings and
Executive Director Jessica Schultz.
Tim Dillon, President of the CARTS Board of Directors and Ms. Schultz addressed the Council regarding
the change in staffing; provided an overview of services including door-to-door demand transportation;
hours of operation; noted the customer fare only covers about 15% of the actual cost of the ride; working
with Alaska Cab, who provides additional services when demand exceed CARTS fleet capabilities; in
2024 the program experienced a 21% increase in rides; 66% of the riders are using CARTS to get to and
from their jobs; 39% of the drops offs are in Kenai; implementation of a new dispatching software and
mobile app; and the being requested this year was $10,000, which would be used as local match funding.
There was discussion regarding the Kenaitze Indian Tribe transportation program; CARTS assisting with
Kenaitze related to ADA transportation; the method used to develop the zone charge fee schedule; and
CARTS actively looking at all funding opportunities.
D. UNSCHEDULED PUBLIC COMMENTS
Bobby Croom, Sterling resident addressed the Council regarding the KNC Golf, Inc. not offering
discounted rates for individuals with disabilities; noting there were discounted rates for individuals who
worked on the slope, children and seniors; the increase in season pass fees making the Kenai Golf
Course the most expensive on the Peninsula; and provided a summary of the season pass costs at other
courses in Alaska.
Samantha Springer, Executive Director of the Kenai Chamber of Commerce & Visitor Center addressed
the Council noting that the detour from the Spur Hwy was working well; the digital database of artifacts
should be ready by summer; and actively looking for grant funding to fix Moose Meat Johns Cabin.
Marion Nelson, Board Member for the Kenai Art Center reported on the upcoming still life show; the
Mother’s Day Pottery Sale; and she was working with a great team on the Bronze Bear project.
Page 65
City of Kenai Council Meeting Page 3 of 8
April 16, 2025
E. PUBLIC HEARINGS
1. Ordinance No. 3462-2025 - Accepting and Appropriating Donations to the Kenai Animal
Shelter for the Purchase of Equipment and Supplies. (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to enact Ordinance No. 3462-2025. 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.
Gratitude was expressed to the donors.
VOTE:
YEA: Kisena, Gabriel, Daniel, Sounart, Knackstedt, Askin, Douthit
NAY: None
**Student Representative Tanner: Yea
MOTION PASSED.
2. Ordinance No. 3463-2025 - Conditionally Donating Certain City Owned Property
Described as Three Approximately 1½ Acre Parcels to be Subdivided from a Portion of
the Approximately 69½ Acre Parcel Described as Kenai Meadows Addition No 1, Tract A1
According to Plat 2023-48 (KPB Parcel No. 03901067) to Kenai Peninsula Housing
Initiative for the Development of Restricted Income and Senior Housing. (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to enact Ordinance No. 3463-2025. Council Member Sounart
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
There was discussion regarding the presentation provided by KPHI during the previous Council meeting;
appreciation stated for the private/public partnership; and general excitement for the project.
VOTE:
YEA: Gabriel, Daniel, Sounart, Knackstedt, Askin, Douthit, Kisena
NAY: None
**Student Representative Tanner: Yea
MOTION PASSED.
3. Resolution No. 2025-23 - Redirecting Water & Sewer Capital Project Funds to Complete
Citywide Lift Station Improvements. (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to adopt Resolution No. 2025-23. 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 other maintenance/improvement items to expect in the future; plans for
future improvements; and that full replacement was not needed
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
Page 66
City of Kenai Council Meeting Page 4 of 8
April 16, 2025
4. Resolution No. 2025-24 - Implementing a New Fee for a Truck Fill Station Permit in the
Water Fees Section of the Schedule of Rates, Charges and Fees. (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to adopt Resolution No. 2025-24. Council Member Daniel 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 this change being driven by Department of Environmental Conservation
(DEC) regulations; inspection requirements; additional costs for contractors for transporting water to job
sites; and future considerations for additional Fill Station locations.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
5. Resolution No. 2025-25 - Authorizing Award of the Contract to Use Cranes, Offices, and
Operation Area at the Boating Facility. (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to adopt Resolution No. 2025-25. 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.
It was reported that the agreement was the same as previously approved agreements; it was a non-
exclusive agreement; and others could pay a fee to utilize the cranes.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
6. Resolution No. 2025-26 - Authorizing the City Manager to Enter into an Agreement with
the City of Soldotna to Continue Providing Animal Shelter Services for the City of Soldotna
at the Kenai Animal Shelter. (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to adopt Resolution No. 2025-26. Council Member Sounart SECONDED
the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
F. MINUTES
1. *Regular Meeting of April 2, 2025. (City Clerk)
G. UNFINISHED BUSINESS - None.
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
Approved by the consent agenda.
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City of Kenai Council Meeting Page 5 of 8
April 16, 2025
2. *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)
Approved by the consent agenda.
3. *Action/Approval - Special Use Permit to the State of Alaska, Division of Forestry for Use of
Apron Space at the Kenai Municipal Airport. (Administration)
Approved by the consent agenda.
4. *Ordinance No. 3464-2025 - Amending Kenai Municipal Code 21.05.085 - Airport Fuel Flowage
Fee, to Remove the Set Amount in Code and Instead Refer to the Annually Updated Schedule of
Rates, Charges and Fees. (Administration)
Introduced by the consent agenda and Public Hearing set for May 7, 2025.
5. *Ordinance No. 3465-2025 - Amending Kenai Municipal Code, Title 2 - Alcoholic Beverage and
Marijuana, Standardizing How Licenses are Reviewed by the City, Allowing for Administrative
Non-Objections for Renewal of Existing Licenses When No Grounds to Object to the Renewal are
Identified, Updating Public Hearings for Protests or Conditional Non-Objections, Aligning
Municipal Code with Requirements of Alaska Statutes, and Other Housekeeping Amendments.
(City Clerk)
Introduced by the consent agenda and Public Hearing set for May 7, 2025.
6. *Ordinance No. 3466-2025 - Amending Kenai Municipal Code, Chapter 4.32 Residential Code,
to Reinstate Provisions Related to Engineered Design and Location, Including Fire Code
Protection on Floors Provisions of the 2021 International Residential Code. (Administration)
Introduced by the consent agenda and Public Hearing set for May 7, 2025.
7. *Ordinance No. 3467-2025 - Accepting and Appropriating a Grant Received Through the Alaska
Animal Control Association to the Kenai Animal Shelter for Attendance at the Alaska Animal
Control Association 2025 Training Conference. (Administration)
Introduced by the consent agenda and Public Hearing set for May 7, 2025.
8. *Ordinance No. 3468-2025 - Accepting and Appropriating a Donation to the Kenai Community
Library for the Summer Reading Program 2025. (Administration)
Introduced by the consent agenda and Public Hearing set for May 7, 2025.
9. *Ordinance No. 3469-2025 - Amending KMC 1.85.060-Conflicts of Interest Prohibited, to Allow
Municipal Officers and City Employees to Participate in Certain Sales Open to the Public Through
a Public Process and Narrowing the Existing Prohibition on Purchases to Personal Property
Items. (Douthit)
Introduced by the consent agenda and Public Hearing set for May 7, 2025.
10. Action/Approval - Confirmation of Mayoral Nomination for a Partial Term Appointment of Jeanne
Reveal to the Planning & Zoning Commission. (Gabriel)
MOTION:
Vice Mayor Knackstedt MOVED to confirm the partial term appointment of Jeanne Reveal. Council
Member Sounart SECONDED the motion.
There was discussion regarding the qualifications of the two applicants and the process utilized when the
Mayor selects a nominee.
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City of Kenai Council Meeting Page 6 of 8
April 16, 2025
It was clarified that the Mayor makes the nomination; Council may confirm or not confirm the nominee;
and if the nominee is not confirmed the Council may reopen the application period.
VOTE:
YEA: Gabriel, Sounart, Knackstedt, Askin, Kisena
NAY: Daniel, Douthit
**Student Representative Tanner: Yea
MOTION PASSED.
I. COMMISSION / COMMITTEE REPORTS
1. Council on Aging Commission
Vice Mayor Knackstedt reported on the April 10, 2025 meeting.
2. Airport Commission
Council Member Daniel reported on the April 10, 2025 meeting.
3. Harbor Commission
Council Member Kisena reported on the April 7, 2025 meeting.
4. Parks and Recreation Commission
Council Member Douthit reported on the April 3, 2025 meeting.
5. Planning and Zoning Commission
No report, next meeting May 14, 2025.
6. Beautification Commission
No quorum present at the April 8, 2025 meeting, next meeting May 13, 2025.
J. REPORT OF THE M AYOR
Mayor Gabriel reported on the following:
• Thanked Finance Director Swarner for his work on the audit, noting that the auditors work for the
Council.
• Congratulated AJ Hull, a standout Kenai Central High School athlete who was voted into the High
School Hall of Fame.
• Attending the Grand Opening of Debbie’s Bistro.
• Reminded everyone of the upcoming Triumvirate Theatre grand opening.
• Wished everyone a Happy Easter.
K. ADMINISTRATION REPORTS
1. City Manager - City Manager Eubank reported on the following:
• New Firefighter Marcus Lopez starts soon and a second new Firefighter would be starting at
the end of May.
• Utility Operator position has been filled; and currently recruiting for a Dispatcher.
• Representatives from Police, Fire, Human Resources, and Parks & Recreation attended the
Job Fair, focusing on filling summer positions.
• Storefront Improvement program application deadline extended to May 2.
• The final report from the KPB Tourism Industry Working Group was not adopted, the group
would be requesting an extension.
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City of Kenai Council Meeting Page 7 of 8
April 16, 2025
• Meeting with Kenai Peninsula College to discuss the possible use of the Fire Training Center
for the Fire and Paramedic Programs.
• Meeting with Homer Electric Association to discuss impacts to the City related to the potential
future gas shortages in Cook Inlet.
• Bluff Stabilization Project public meeting was rescheduled to April 30, 2025, 6:00 p.m. at the
Visitor Center.
• Recreation Center will be closed Thursday and Friday due to gym floor repairs.
2. City Attorney - No report.
3. City Clerk - City Clerk Saner reported on the following:
• Increased activity in the Clerk’s Office due to Mobile Food Vendor and Taxi license renewals.
L. ADDITIONAL PUBLIC COMMENTS
1. Citizen Comments (Public comments limited to (5) minutes per speaker) - None.
2. Council Comments
Council Member Douthit reported attending the Job Fair and noted there were more attendees than the
previous year, many looking for new jobs; and Soldotna High School brought a busload of 30 students to
the Job Fair.
Student Representative Tanner reported that artwork from Connections Homeschool students was now
on display in the Soldotna City Council Chambers; Connections upcoming Book Fair; Connection
Homeschool wanted to congratulate Connections Student Xiling Tanner for placing first in the State of
Alaska TrigStar competition; and provided a schedule of upcoming athletic events for Kenai Central High
School.
Council Member Sounart reported that the Ensemble Competition for all Peninsula Students was
scheduled for tomorrow at Soldotna High School, she wished all participating students good luck; and
wished everyone a happy Holy Week.
Council Member Askin thanked the Finance Department for their hard work and wished everyone a happy
Easter.
Council Member Daniel wished everyone a happy Easter.
Vice Mayor Knackstedt thanked Finance Director Swarner and staff for the clean audit; and stated he
was looking forward to the Triumvirate Theatre open house.
M. EXECUTIVE SESSION
1. Review and Discussion of the City Clerk's Evaluation which May be a Subject that Tends to
Prejudice the Reputation and Character of the City Clerk [AS 44.62.310(C)(2)].
MOTION:
Vice Mayor Knackstedt MOVED to enter into executive session to review and discuss the annual
evaluation of the City Clerk which may be a subject that tends to prejudice the reputation and character
of the City Clerk. [AS 44.62.310(C)(2)]. Ms. Saner has elected to have the discussion regarding her
evaluations take place in executive session. The executive session will include Mayor Gabriel and City
Council Members; City Clerk Saner will be included if and when the Council requests her presence.
Council Member Askin SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
Page 70
City of Kenai Council Meeting Page 8 of 8
April 16, 2025
MOTION:
Vice Mayor Knackstedt MOVED to reconvene into regular session. Council Member Askin SECONDED
the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
[Clerk’s Note: The Council entered into executive session at 8:44 p.m. and reconvened into regular session at 9:34
p.m.]
Vice Mayor Knackstedt reported that the Council entered into executive session and reviewed the City
Clerk evaluation with the City Clerk.
N. PENDING ITEMS - None.
O. ADJOURNMENT
P. INFORMATIONAL ITEMS - None.
There being no further business before the Council, the meeting was adjourned at 9:35 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of April 16, 2025.
___________________________________
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 will not affect the outcome of the official council vote. Advisory votes
will be recorded in the minutes. A student representative may not move or second items during a council
meeting.
Page 71
PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: MAY 7 , 2025
VENDOR DESCRIPTION
PERS PERS
INVESTMENTS
VENDOR DESCRIPTION
DEPARTMENT ACCOUNT AMOUNT
VARIOUS LIABILITY 113,640.61
MATURITY DATE AMOUNT Effect. Int.
Page 72
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
THROUGH: Kevin Buettner, Planning Director
FROM: Brandon McElrea, Planning Technician
DATE: April 15, 2025
SUBJECT: Action/Approval - Special Use Permit to Weaver Brothers, Inc. for
Truck Trailer Storage.
James Doyle, individually, d/b/a Weaver Brothers, Inc., has requested to continue the use of
several City owned parcels, or portions thereof, for truck trailer storage under a Special Use
Permit (SUP). Weaver Brothers, Inc. has a SUP for truck trailer storage set to expire on June 20,
2025. Weaver Brothers, Inc. has been storing truck trailers at 400, 415, 425, and 435 Coral Street
and 700 First Avenue under a SUP since June 2020 and at 410 and 420 Coral Street under a
SUP since 2023 (Exhibits A).
The Coral Street Airport Zone of the City was most recently appraised at a rate of $0.50 per
square foot. The total square footage of the combined area is 162,982 square feet (3.74 acres).
The annual permit fee will be $7,316.84 and includes the Consumer Price Index (CPI)
adjustments to date. The indicated lot area is based on the recorded plats with the exception of
the portions, which used the calculated areas in the survey dated 8/17/2020 (Exhibit B).
Below is a breakdown of the subject parcels’ calculations:
Address Legal Description Parcel
ID Acres Square
Footage (SF)
400 Coral Street Portion of Tract C-1, Gusty Sub No. 7 4327034 0.09 3,754
410 Coral Street Tract A of Gusty Sub No. 3 4327021 1.38 60,113
415 Coral Street Lot 3, Block 3 Gusty Sub No. 4 4327032 0.86 37,500
420 Coral Street Tract B of Gusty Sub No. 6 Amended 4327035 0.37 15,924
425 Coral Street Lot 2, Block 3 Gusty Sub No. 4 4327031 0.46 20,000
435 Coral Street Lot 1, Block 3 Gusty Sub No. 4 4327030 0.23 10,050
700 First venue Portion of Lot 4, Block 2 Gusty Sub
Addition No. 1 Amended 4327036 0.36 15,641
Total 3.74 162,982
Page 73
Page 2 of 2
Permit Fee = (8% of Market Rate) (Appraised Rate) (SF) (CPI)
= (8%) ($0.50) (162,982 SF) (2022-2024 CPI 8.11%, 1.54%, 2.24%)
= $7,316.84
The SUP is requested for one-year from June 21, 2025 to June 20, 2026. Weaver Brothers, Inc.
is in compliance with the current SUP. The proposed SUP meets the intent of Chapter 21.10
Leasing and Acquisition of Airport Reserve Lands, Section .025 Special Use Permits in parking
and temporary cargo staging and handling. There are no permanent improvements on the
premises. For the proposed use of truck trailer storage, an SUP is appropriate.
The parcels and portions of parcels are within the Airport Light Industrial (ALI) Zone, Airport
Reserve, and Runway Protection Zone (RPZ). Pursuant to the requirements of the Federal
Aviation Administration, the City would reserve the right to cancel this SUP on 90 days notice.
If the City Council approves the Special Use Permit, the City Manager will be authorized to
execute the Special Use Permit Agreement for truck trailer storage for 12 months to Weaver
Brothers, Inc.
Thank you for your consideration.
Attachments
Special Use Permit Agreement
Exhibit A – Map of Subject Parcels
Exhibit B – Map of Portions of Parcels
Page 74
Special Use Permit – Weaver Brothers, Inc. – 2025 Truck Trailer Storage Page 1 of 7
SPECIAL USE PERMIT
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below,
hereby grants to JAMES C. DOYLE, INDIVIDUALLY, D/B/A WEAVER BROTHERS, INC.
(Permittee), whose address is P.O. Box 2229, Kenai Alaska 99611, the non-exclusive right to use
3.74 acres (162,982 square feet) of area as described below (Exhibits A & B):
Lot 1, Block 3 of Gusty Subdivision No. 4 (435 Coral Street; Parcel ID: 04327030); and,
Lot 2, Block 3 of Gusty Subdivision No. 4 (425 Coral Street; Parcel ID: 04327031); and,
Lot 3, Block 3 of Gusty Subdivision No. 4 (415 Coral Street; Parcel ID: 04327032); and,
Tract A of Gusty Subdivision No. 3 (410 Coral Street; Parcel ID: 04327021); and,
Tract B of Gusty Subdivision No. 6 Amended (420 Coral Street: Parcel ID: 04327035);
and
Approximately 3,754 square foot portion of Tract C-1 of Gusty Subdivision No. 7 (400
Coral Street; Parcel ID: 04327034); and,
Approximately 15,641 square foot portion of an unsubdivided remainder portion of
Sections 5-6 of Township 5 North, Range 11 West, Seward Meridian, (700 First Avenue;
Parcel ID: 04327036).
1. TERM. This special use permit shall be for 12 months from June 21, 2025 to June 20,
2026.
2. CANCELLATION. Pursuant to requirements of the Federal Aviation Administration, the
City reserves the right to cancel this special use permit on 90-days’ notice, either delivered
in person to the Permittee or by mail. Any or all personal property shall be removed at
Permittee’s expense upon cancellation or termination of this agreement.
3. PERMIT FEES. The Permittee shall be charged an annual permit fee of $7,316.84 plus
applicable sales tax.
The permit fees must be paid prior to the use of the subject parcels.
Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and
delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611.
In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate parties
all levies, assessments, and charges as hereinafter provided:
A. Sales tax nor enforced, or levied in the future, computed upon the permit fee
payable in monthly installments whether said fee is paid on a monthly or yearly
basis;
Page 75
Special Use Permit – Weaver Brothers, Inc. – 2025 Truck Trailer Storage Page 2 of 7
B. All necessary licenses and permits; all lawful taxes and assessments which, during
the term hereof may become a lien upon or which may be levied by the State,
Borough, City, or by any other tax levying body, upon any taxable possessory right
which Permittee may have in or to the Premises by reason of its use or occupancy
or by reason of the terms of this Permit, provided however, that nothing herein
contained shall prevent Permittee from contesting any increase in such tax or
assessment through procedures provided by law.
C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent
(10%) of any amount of money owed under this Special Use Permit which are not
paid on or before the due date.
D. Costs and expenses incident to this Special Use Permit, including but not limited
to recording costs.
4. USE. The use by the Permittee of the Premises is limited to the purpose of Truck Trailer
Storage. This use is subject to City, Borough, and State laws and regulations and the
reasonable administrative actions of the City for the protection and maintenance of the
Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject
to the following conditions:
A. Permittee shall use the Premises only for truck trailer storage.
B. Trailers must be stored in a manner that will not limit sight lines or create other
unsafe driving conditions on adjacent right-of-ways.
C. The premises shall be returned to its current condition prior to the end of the term
of this Special Use Permit. This shall include the removal of any trash or debris.
D. Trailers must be stored in a manner that will not impact any City snow clearing or
moving activities.
E. Trailers shall be stored such that there will not be oil or other hazardous fluids
leaking onto the premises.
F. Trailers shall be stored such that there will not be grass or vegetation growing
between trailers.
G. The Permittee shall follow requirements of the City Fire Marshal and allow City
staff to inspect the premises if requested.
H. The premises shall not be used to store junked vehicles or other salvaged vehicle
or trailer parts.
5. INSURANCE. Permittee shall secure and keep in force adequate insurance, as stated
below, to protect City and Permittee. Where specific limits are stated, the limits are the
Page 76
Special Use Permit – Weaver Brothers, Inc. – 2025 Truck Trailer Storage Page 3 of 7
minimum acceptable limits. If Permittee’s insurance policy contains higher limits, the City
is entitled to coverage to the extent of the higher limits.
A. Garage Liability or Commercial General Liability Insurance, including Premises, all
operations, property damage, personal injury and death, broad-form contractual,
with a per-occurrence limit of not less than $1,000,000 combined single limit. The
policy must name the City as an additional insured.
B. Worker’s Compensation Insurance with coverage for all employees engaged in
work under this Permit or at the Premises as required by AS 23.30.045. Permittee
is further responsible to provide Worker’s Compensation Insurance for any
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
C. Commercial Automobile Coverage with not less than $1,000,000 combined single
limit per occurrence. This insurance must cover all owned, hired, and non-owned
motor vehicles the Permittee uses for snow moving and storage activities to, from,
or on the Premises. The policy must name the City as an additional insured.
D. All insurance required must meet the following additional requirements:
i. All policies will be by a company/corporation currently rated “A-” or better
by A.M. Best.
ii. Permittee shall submit to the City proof of continuous insurance coverage
in the form of insurance policies, certificates, endorsements, or a
combination thereof, and signed by a person authorized by the insurer to
bind coverage on its behalf.
iii. Permittee shall request a waiver of subrogation against City from
Permittee’s insurer and the waiver of subrogation, where possible, shall be
provided at no cost to City.
iv. Provide the City with notification at least 30 days before any termination,
cancellation, or material change in insurance coverage of any policy
required hereunder.
v. Evidence of insurance coverage must be submitted within 30 days of the
effective date of the Special Use Permit. The effective date of the insurance
shall be no later than June 21, 2024.
vi. This insurance shall be primary and exclusive of any other insurance
carried by the City of Kenai. This insurance shall be without limitation on
the time within which the resulting loss, damage, or injury is actually
sustained.
6. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall
fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents,
employees, and volunteers at its own expense from and against any and all actions,
Page 77
Special Use Permit – Weaver Brothers, Inc. – 2025 Truck Trailer Storage Page 4 of 7
damages, costs, liability, claims, losses, judgments, penalties, including reasonable
Attorney’s fees of or for liability for any wrongful or negligent acts, errors, or omissions of
the Permittee, its officers, agents or employees, or any subcontractor under this Permit.
The Permittee shall not be required to defend or indemnify the City for any claims of or
liability for any wrongful or negligent act, error, or omission solely due to the independent
negligence of the City. If there is a claim of or liability for the joint negligence of the
Permittee and the independent negligence of the City, the indemnification and hold
harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall
be established upon final determination of the percentage of fault. If any such
determination is by settlement, the percentage of fault attributed to each party for purposes
of this indemnification provision shall only be binding upon the parties included in the
settlement agreement. “Permittee” and “City” as used in this article include the employees,
agents, officers, directors, and other contractors who are directly responsible, respectively,
for each party. The term “independent negligence of the City” is negligence other than in
the City’s selection, administration, monitoring, or controlling of the Permittee.
7. PERMITTEE’S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not
permit any liens, including mechanic’s, laborer’s, construction, supplier’s, mining, or any
other liens obtainable or available under existing law, to stand against the Premises or
improvements on the Premises for any labor or material furnished to Permittee or to any
related entity or claimed entity. The Permittee shall have the right to provide a bond as
contemplated by State of Alaska law and contest the validity or amount of any such lien
or claimed lien. Upon the final determination of the lien or claim for lien, the Permittee will
immediately pay any judgment rendered with all proper costs and charges and shall have
such lien released or judgment satisfied at Permittee’s own expense.
8. PERSONALTY. Permittee shall remove any and all personal property, including all
vehicles, from the Premises at the termination of this Permit. Personal property placed or
used upon the Premises and not removed upon termination of this Permit will be removed
and/or impounded by the City. Property removed or impounded by the City may be
redeemed by the owner thereof only upon the payment to the City of the costs of removal
plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to
or theft of any personalty of Permittee or its customers.
9. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions,
and/or any requirement herein contained, or referred to, shall not constitute or be
construed as a waiver or relinquishment of the right to exercise such terms, conditions, or
requirements.
10. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by
giving 30 days advance written notice to the other party. The City may terminate the Permit
immediately, or upon notice shorter than 30 days, to protect public health and safety. The
City may also terminate this Permit immediately, or upon notice shorter than 30 days, due
to a failure of Permittee to comply with conditions and terms of this Permit, which failure
remains uncured after notice by City to Permittee providing Permittee with a reasonable
time period to correct the violation or breach.
11. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color,
religion, national origin, ancestry, age, or sex against any patron, employee, applicant for
Page 78
Special Use Permit – Weaver Brothers, Inc. – 2025 Truck Trailer Storage Page 5 of 7
employment, or other person or group of persons in any manner prohibited by federal or
State law. Permittee recognizes the right of the City to take any action necessary to
enforce this requirement.
12. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of
this Permit, the Premises, or any improvement on the Premises without the written consent
of the City. Unless the City specifically releases the Permittee in writing, the City may hold
the Permittee responsible for performing any obligation under this permit which an
assignee fails to perform.
13. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume
all risks incurred in its activities on the Premises and its exercise of the privileges granted
in this Permit.
14. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises.
15. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this
Permit shall survive the cancellation, termination, or expiration of this Permit.
16. AUTHORITY. By signing this Permit, Permittee represents that is has read this
agreements and consents to be bound by the terms and conditions herein and that the
person signing this Permit is duly authorized by the business to bind the business
hereunder.
WEAVER BROTHERS, INC. CITY OF KENAI
By:____________________________ By:_______________________________
James C. Doyle Date: Terry Eubank Date:
President City Manager
By:____________________________
James C. Doyle Date:
Individually
Page 79
Special Use Permit – Weaver Brothers, Inc. – 2025 Truck Trailer Storage Page 6 of 7
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2025, the foregoing instrument was
acknowledged before me by Terry Eubank, City Manager of the City of Kenai, Alaska, an Alaska
home rule municipality, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2025, the foregoing instrument was
acknowledged before me by James C. Doyle, President of Weaver Brothers, Inc., an Alaska
limited liability company, on behalf of the company.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2025, the foregoing instrument was
acknowledged before me by James C. Doyle.
Notary Public for Alaska
My Commission Expires:
Page 80
Special Use Permit – Weaver Brothers, Inc. – 2025 Truck Trailer Storage Page 7 of 7
ATTEST:
Michelle M. Saner, MMC, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
Page 81
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----------P1
EXHIBIT B Page 83
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
THROUGH: Kevin Buettner, Planning Director
FROM: Brandon McElrea, Planning Technician
DATE: April 22, 2025
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 continue the use of the City-owned property described
as Tract B, Gusty Subdivision Addition No. 2, located at 11631 Kenai Spur Highway, for an off-
premise sign. While off-premise signs are not permitted in any zoning district, the Planning and
Zoning 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. This Council
previously approved an SUP for the requested purpose at the February 21, 2024 Council meeting.
The applicant has requested a start date of May 2, 2025. The proposed permit fee is $500.00 plus
applicable sales tax for one (1) year from May 2, 2025 through May 1, 2026.
Pursuant to Kenai Municipal Code (KMC) Section 22.05.130 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 or 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.
If the City Council approves the Special Use Permit, The City Manager will be authorized to
execute a Special Use Permit Agreement to allow NILCHIL Solutions to continue the use of the
above-mentioned City-owned property for an off-premise sign for one (1) year.
Thank you for your consideration.
Attachments
Special Use Permit
Aerial Map
Resolution PZ2023-25 – Variance Permit for Off-Premise Sign
Page 84
Special Use Permit – Nilchil Solutions, LLC – 2025 Off-Premise Sign Page 1 of 6
SPECIAL USE PERMIT
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below,
hereby grants to NILCHIL SOLUTIONS, LLC (PERMITTEE), whose address is 51306 Dunes
Road, Kenai Alaska 99611, a Special Use Permit (“Permit”) for an off-premise sign subject to the
requirements and conditions set forth below.
1. PREMISES. Permittee shall have a non-exclusive right to use approximately 75 square
feet of area on a property described as Tract B, Gusty Subdivision Addition No. 2 (11631
Kenai Spur Highway; Parcel ID: 04716002). See attached Exhibit A and refer to Resolution
PZ2023-25 for details of the off-premise sign.
2. TERM. This term of this Permit shall be for 12 months commencing on May 2, 2025 to
May 1, 2026.
3. PERMIT FEES. The Permittee shall be charged an annual permit fee of $500.00 plus
applicable sales tax.
The permit fees must be paid prior to the use of the subject parcel.
Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and
delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611.
In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate parties
all levies, assessments, and charges as hereinafter provided:
A. Sales tax nor enforced, or levied in the future, computed upon the permit fee
payable in monthly installments whether said fee is paid on a monthly or yearly
basis;
B. All necessary licenses and permits; all lawful taxes and assessments which, during
the term hereof may become a lien upon or which may be levied by the State,
Borough, City, or by any other tax levying body, upon any taxable possessory right
which Permittee may have in or to the Premises by reason of its use or occupancy
or by reason of the terms of this Permit, provided however, that nothing herein
contained shall prevent Permittee from contesting any increase in such tax or
assessment through procedures provided by law.
C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent
(10%) of any amount of money owed under this Special Use Permit which are not
paid on or before the due date.
D. Costs and expenses incidental to this Special Use Permit, including but not limited
to recording costs.
4. USE. The use by the Permittee of the Premises is limited to the purpose of an Off-Premise
Sign. This use is subject to City, Borough, and State laws and regulations and the
reasonable administrative actions of the City for the protection and maintenance of the
Page 85
Special Use Permit – Nilchil Solutions, LLC – 2025 Off-Premise Sign Page 2 of 6
Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject
to the following conditions:
A. Permittee shall use the Premises only for installing, using and maintaining the
signage described in this Permit, together with such ingress, egress and access
as is necessary or desirable for the construction, installation, use, operation,
maintenance, modification, repair, and replacement of the signage as described in
this Permit.
B. The sign may be further modified or amended without the consent of the City under
this Permit, provided that the proposed modification does not increase the square
footage of the sign. In the event that the proposed modification increases the
square footage of the sign by more than twenty percent (20%), such modification
shall be subject to the approval of the City Manager.
C. The Permittee shall be responsible for the maintenance and operation of the sign.
D. The Permittee shall not sell advertisements for and shall be limited to advertising
businesses located on a property described as Tract A-1, Shadura Subdivision
Nilchil Addition, known as 11595 Kenai Spur Highway (KPB Parcel No. 04703015).
E. The Premises shall not be used to store any equipment or materials.
F. The Permittee shall be responsible, at its sole cost, for designing, procuring,
constructing, installing, repairing, upgrading, operating, and maintaining the sign,
to include, but not limited to utility expenses to service the sign.
G. Upon termination of this Permit, the sign shall remain the property of the Permittee,
and the Permittee shall have the right to remove the sign from the Premises at its
sole costs, and in any event, shall remove the sign if the City requests such
removal. If such sign is removed, the Permittee will have the obligation to repair
any damage to the Premises caused by the removal of the sign at its sole cost.
5. INSURANCE. Permittee shall secure and keep in force adequate insurance, as stated
below, to protect City and Permittee. Where specific limits are stated, the limits are the
minimum acceptable limits. If Permittee’s insurance policy contains higher limits, the City
is entitled to coverage to the extent of the higher limits.
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
name the City as an additional insured.
B. Worker’s Compensation Insurance with coverage for all employees engaged in
work under this Permit or at the Premises as required by AS 23.30.045. Permittee
is further responsible to provide Worker’s Compensation Insurance for any
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
Page 86
Special Use Permit – Nilchil Solutions, LLC – 2025 Off-Premise Sign Page 3 of 6
C. 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 the 30 days before any
termination, cancellation, or material change in insurance coverage of any
policy required hereunder.
v. Evidence of insurance coverage must be submitted within 30 days of the
effective date of the Special Use Permit. Evidence of insurance coverage
must be submitted to the City prior to any use.
vi. This insurance shall be primary and exclusive of any other insurance
carried by the City of Kenai. This insurance shall be without limitation on
the time within which the resulting loss, damage, or injury is actually
sustained.
6. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall
fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents,
employees, and volunteers at its own expense from and against any and all actions,
damages, costs, liability, claims, losses, judgments, penalties, including reasonable
Attorney’s fees of or for liability for any wrongful or negligent acts, errors, or omissions of
the Permittee, its officers, agents or employees, or any subcontractor under this Permit.
The Permittee shall not be required to defend or indemnify the City for any claims of or
liability for any wrongful or negligent act, error, or omission solely due to the independent
negligence of the City. If there is a claim of or liability for the joint negligence of the
Permittee and the independent negligence of the City, the indemnification and hold
harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall
be established upon final determination of the percentage of fault. If any such
determination is by settlement, the percentage of fault attributed to each party for purposes
of this indemnification provision shall only be binding upon the parties included in the
settlement agreement. “Permittee” and “City” as used in this article include the employees,
agents, officers, directors, and other contractors who are directly responsible, respectively,
for each party. The term “independent negligence of the City” is negligence other than in
the City’s selection, administration, monitoring, or controlling of the Permittee.
7. PERMITTEE’S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not
permit any liens, including mechanic’s, laborer’s, construction, supplier’s, mining, or any
other liens obtainable or available under existing law, to stand against the Premises or
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Special Use Permit – Nilchil Solutions, LLC – 2025 Off-Premise Sign Page 4 of 6
improvements on the Premises for any labor or material furnished to Permittee or to any
related entity or claimed entity. The Permittee shall have the right to provide a bond as
contemplated by State of Alaska law and contest the validity or amount of any such lien
or claimed lien. Upon the final determination of the lien or claim for lien, the Permittee will
immediately pay any judgment rendered with all proper costs and charges and shall have
such lien released or judgment satisfied at Permittee’s own expense.
8. PERSONALTY. Permittee shall remove any and all personal property, including all
vehicles, from the Premises at the termination of this Permit. Personal property placed or
used upon the Premises and not removed upon termination of this Permit will be removed
and/or impounded by the City. Property removed or impounded by the City may be
redeemed by the owner thereof only upon the payment to the City of the costs of removal
plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to
or theft of any personalty of Permittee or its customers.
9. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions,
and/or any requirement herein contained, or referred to, shall not constitute or be
construed as a waiver or relinquishment of the right to exercise such terms, conditions, or
requirements.
10. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by
giving 30 days advance written notice to the other party. The City may terminate the Permit
immediately, or upon notice shorter than 30 days, to protect public health and safety. The
City may also terminate this Permit immediately, or upon notice shorter than 30 days, due
to a failure of Permittee to comply with conditions and terms of this Permit, which failure
remains uncured after notice by City to Permittee providing Permittee with a reasonable
time period to correct the violation or breach.
11. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color,
religion, national origin, ancestry, age, or sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or
State law. Permittee recognizes the right of the City to take any action necessary to
enforce this requirement.
12. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of
this Permit, the Premises, or any improvement on the Premises without the written consent
of the City. Unless the City specifically releases the Permittee in writing, the City may hold
the Permittee responsible for performing any obligation under this permit which an
assignee fails to perform.
13. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume
all risks incurred in its activities on the Premises and its exercise of the privileges granted
in this Permit.
14. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises.
15. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this
Permit shall survive the cancellation, termination, or expiration of this Permit.
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Special Use Permit – Nilchil Solutions, LLC – 2025 Off-Premise Sign Page 5 of 6
16. AUTHORITY. By signing this Permit, Permittee represents that is has read this
agreements and consents to be bound by the terms and conditions herein and that the
person signing this Permit is duly authorized by the business to bind the business
hereunder.
NILCHIL SOLUTIONS, LLC CITY OF KENAI
By:____________________________ By:_______________________________
_________________(Name) Date Terry Eubank Date
_________________(Title) City Manager
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2025, the foregoing instrument was
acknowledged before me by Terry Eubank, City Manager of the City of Kenai, Alaska, an Alaska
home rule municipality, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
Page 89
Special Use Permit – Nilchil Solutions, LLC – 2025 Off-Premise Sign Page 6 of 6
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2025, the foregoing instrument was
acknowledged before me by ____________________________________________(Name/Title)
of Nilchil Solutions, LLC, an Alaska limited liability company, on behalf of the company.
Notary Public for Alaska
My Commission Expires:
ATTEST:
Michelle M. Saner, MMC, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
Page 90
EXHIBIT A
N
Special Use Permit
Off-Premise Sign
11631 Kenai Spur Highway
Map for Reference Only
NOT A LEGAL DOCUMENT
.....-. Business Location
........,"Clinic"
c::::J Parcels
Central Commercial
1111 Central Mixed Use
Townsite Historic
Date Printed: 2/15/2024
! 0~, ---.-------.---, ----.------r---1 A. 100 200 400 Feet
Page 91
JC
K~NAI
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 , followi ng 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 med ical 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 w ith a unique site development
that are not similar to surrounding parcels with primary access off of Kenai Spur
Highway.
Page 92
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 speci al conditions or circumstances have not been caused by actions of the applicant
and such conditi ons 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 properly 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 ex isting
use is under construction for ex pansion. 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 1 O 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 w ith any future ROW expansion. Within proxim ity
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 Kena i 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 loc.ation 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 93
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3470-2025
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP AND LAND USE TABLE BY REZONING
TW ENTY-EIGHT PROPERTIES LOCATED NEAR THE INTERSECTION OF THE KENAI SPUR
HIGHWAY AND WILDWOOD DRIVE FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL
COMMERCIAL (CG) ZONING DISTRICT.
WHEREAS, the properties located near the intersection of the Kenai Spur Highway and Wildwood Drive,
as listed below:
Parcel No.
03902122
Address Lot Size Legal Description
14383 Kenai Spur Hwy 1.96-acre BUSH LANES SUB NO 2
03903308 14320 Kenai Spur Hwy 0.52-acre BLACK GOLD EST SUB AMD
03903310 14288 Kenai Spur Hwy 0.52-acre BLACK GOLD EST SUB AMD
03903312 2807 Windflower Dr. 0.17-acre BLACK GOLD EST SUB AMD
03903313 2809 Windflower Dr. 0.17-acre BLACK GOLD EST SUB AMD
03903314 2811 Windflower Dr. 0.17-acre BLACK GOLD EST SUB AMD
03903315 2813 Windflower Dr. 0.17-acre BLACK GOLD EST SUB AMD
03903316 2815 Windflower Dr. 0.17-acre BLACK GOLD EST SUB AMD
03904001 14260 Kenai Spur Hwy 0.26-acre BLACK GOLD EST SUB AMD
03904002 14256 Kenai Spur Hwy 0.26-acre BLACK GOLD EST SUB AMD
03904010 1303 Orchid Way 0.34-acre BLACK GOLD EST SUB AMD
03904011 2705 Windflower Dr. 0.17-acre BLACK GOLD EST SUB AMD
03904012 2707 Windflower Dr. 0.17-acre BLACK GOLD EST SUB AMD
03904015 2713 Windflower Dr. 0.17-acre BLACK GOLD EST SUB AMD
03904016 2715 Windflower Dr. 0.21-acre BLACK GOLD EST SUB AMD
03904017 2717 Windflower Dr. 0.21-acre BLACK GOLD EST SUB AMD
03908108 2726 Augustine Way 0.40-acre CARL F. AHLSTROM SUB
Page 95
Ordinance No. 3470-2025
Page 2 of 3
New Text Underlined; [DELETED TEXT BRACKETED]
03908109 2724 Augustine Way 0.61-acre CARL F. AHLSTROM SUB
03908111 2722 Augustine Way 0.28-acre CARL F. AHLSTROM SUB
03908113 2720 Augustine Way 0.26-acre CARL F. AHLSTROM SUB
03908115
2718 Augustine Way 0.26-acre CARL F. AHLSTROM SUB
03904009 2710 Wildwood Dr. 0.20-acre BLACK GOLD EST SUB AMD
03904008 2712 Wildwood Dr. 0.20-acre BLACK GOLD EST SUB AMD
03904007 2714 Wildwood Dr. 0.20-acre BLACK GOLD EST SUB AMD
03908116 2717 Wildwood Dr. 0.26-acre CARL F. AHLSTROM SUB
03908114 2719 Wildwood Dr. 0.26-acre CARL F. AHLSTROM SUB
03908112
2721 Wildwood Dr. 0.41-acre CARL F. AHLSTROM SUB
03908110
2723 Wildwood Dr. 0.34-acre CARL F. AHLSTROM SUB
are currently zoned Suburban Residential (RS); and,
WHEREAS, the City of Kenai received a rezone application from a property owner in accordance with
KMC 14.20.270 Amendment Procedures; and,
WHEREAS, the current RS zoning district is for low to medium density residential development; and,
WHEREAS, the proposed rezone to CG zoning district would allow for a wide range of commercial uses;
and,
WHEREAS, the land use classification on properties immediately to the south and west is General
Commercial, which envisioned a mix of commercial uses; and,
WHEREAS, the proposed rezone would eliminate conditional use permits initiated in 1999 to allow for
low-impact commercial operations; and,
WHEREAS, the rezone is consistent with the Imagine Kenai 2030 Comprehensive Plan and aligns with
the Land Use Plan and addresses Goal 1 – Quality of Life: Promote and encourage quality of life in Kenai;
and,
WHEREAS, at their regularly scheduled meeting held on April 23, 2025, the City of Kenai Planning and
Zoning Commission voted to approve that the subject properties be rezoned from Suburban Residential
to General Commercial zoning district.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of City of Kenai Official Zoning Map: That City of Kenai, Official Zoning Map
is hereby amended as follows: Rezone parcels 03902122, 03903308, 03903310, 03903312, 03903313,
03903314, 03903315, 03903316, 03904001, 03904002, 03904010, 03904011, 03904012, 03904015,
03094016, 03904017, 03908108, 03908109, 03908111, 03908113, 03908115, 03904009, 03904008,
03904007, 03908116, 03908114, 03908112, and 03908110 from Suburban Residential (RS) to General
Commercial (CG) zoning district.
Page 96
Ordinance No. 3470-2025
Page 3 of 3
New Text Underlined; [DELETED TEXT BRACKETED]
Section 2. Amendment of City of Kenai Land Use Map: That City of Kenai, Land Use Map is hereby
amended as follows: Rezone parcels 03902122, 03903308, 03903310, 03903312, 03903313, 03903314,
03903315, 03903316, 03904001, 03904002, 03904010, 03904011, 03904012, 03904015, 03094016,
03904017, 03908108, 03908109, 03908111, 03908113, 03908115, 03904009, 03904008, 03904007,
03908116, 03908114, 03908112, and 03908110 from Suburban Residential to General Commercial.
Section 3. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days
after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 21ST DAY OF MAY, 2025.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Introduced: May 7, 2025
Enacted: May 21, 2025
Effective: June 20, 2025
Page 97
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Kevin Buettner, Planning Director
DATE: April 24, 2025
SUBJECT: Ordinance No. 3470-2025 - Amending the Official Zoning Map and Land
Use Table by Rezoning Twenty-Eight Properties Located Near the
Intersection of the Kenai Spur Highway and Wildwood Drive from
Suburban Residential (RS) to General Commercial (CG) Zoning District.
The applicants are seeking to rezone properties located primarily north and east of the Kenai Spur
Highway and north of Wildwood Drive in the Black Gold Estates Subdivision (Amended) from
Suburban Residential (RS) to General Commercial (CG) zoning district. One parcel is located to
the west of the Kenai Spur Highway (KPB Parcel 03902122), which is currently split zoned as RS
and CG. The new zoning for this parcel would be wholly CG. Parcels south of Wildwood Drive in
the Carl F. Ahlstrom Subdivision are also included due to their proximity to other CG zoned parcels
and common ownership.
The purpose of the rezone is to allow commercial uses to be developed on the subject parcels.
Due to the proximity of the Kenai Spur Highway, it is anticipated that commercial uses are more
likely to develop along the corridor, acting as a buffer to the proposed suburban residential
subdivision beyond the affected parcels.
The Kenai Spur Highway is classified as a Principal Arterial in this location by the Alaska
Department of Transportation and as such, it is used to convey a high volume of traffic to Nikiski
and points north. A Principal Arterial route often has higher annual average daily traffic counts
than surrounding city streets, and generally results in higher associated road noise. This noise
often deters substantial residential development directly on the route.
These parcels were originally platted in the 1960s. As development priorities within the City have
changed over time, the preferred use of the land has also changed. Land use along this corridor
and similar corridors in the City are commercial or light industrial in nature. Expanding the CG
Zoning District will allow for additional development along the Kenai Spur Highway, as it is
anticipated that it would be developed in junction with the surrounding commercial uses to the
south and west.
The existing land use classification states that the area is to be Suburban Residential. Due to
the Kenai Spur being a Principal Arterial route, there is reason to anticipate that this area will
become a mix of commercial uses, as traffic is higher along the Kenai Spur Highway and the
Page 98
Page 2 of 2
associated road noise make residential uses less desirable. The proposed rezone to CG zone
would be consistent as a natural extension of the General Commercial land use classification
that is immediately south of the subject properties as identified in the Comprehensive Plan.
An amendment to the land use map in the Comprehensive Plan is required, as all the proposed
uses are not allowable in Suburban Residential zones. The City anticipates updating the
Comprehensive Plan within a couple years, and a new Land Use Plan may be developed as a
part of this process.
The Comprehensive Plan supports this rezoning in the following identified goal:
Goal 1 – Quality of Life: Promote and encourage quality of life in Kenai.
• Q-4: Promote the siting and design of land uses that are in harmony and
scale with surrounding uses.
On April 23, 2025, the City of Kenai Planning and Zoning Commission voted to recommend the
subject properties be rezoned from Suburban Residential to General Commercial zoning district.
Attachments
Location Map
Proposed Zoning Map
Bush Lanes Subdivision (Plat No. 94-54)
Carl F. Ahlstrom (Plat No. KN-216)
Black Gold Estates Subdivision Amended
P&Z Resolution PZ2025-14
Staff Report PZ2025-14
Page 99
Page 100
Resolution No. PZ2025-14
Page 2 of 4
03908108 2726 Augustine Way 0.40-acre CARL F. AHLSTROM SUB
03908109 2724 Augustine Way 0.61-acre CARL F. AHLSTROM SUB
03908111 2722 Augustine Way 0.28-acre CARL F. AHLSTROM SUB
03908113 2720 Augustine Way 0.26-acre CARL F. AHLSTROM SUB
03908115 2718 Augustine Way 0.26-acre CARL F. AHLSTROM SUB
03904009 2710 Wildwood Dr. 0.20-acre BLACK GOLD EST SUB AMD
03904008 2712 Wildwood Dr. 0.20-acre BLACK GOLD EST SUB AMD
03904007 2714 Wildwood Dr. 0.20-acre BLACK GOLD EST SUB AMO
03908116 2717 Wildwood Dr. 0.26-acre CARL F . AHLSTROM SUB
03908114 2719 Wildwood Dr. 0.26-acre CARL F. AHLSTROM SUB
03908112 2721 Wildwood Dr. 0.41-acre CARL F. AHLSTROM SUB
03908110 2723 Wildwood Dr. 0.34-acre CARL F. AHLSTROM SUB
WHEREAS, the City of Kenai received a rezone application and supporting documentation from
the majority of property owners in accordance with Kenai Municipal Code (KMC) Section 14.20 .270
Amendment procedures; and,
WHEREAS, the area proposed to be rezoned contains a minimum of one (1) acre (excluding street
or alley rights-of-way); and,
WHEREAS, the proposed amendment to the zoning ordinance is not substantially the same as
any other unapproved proposed amendment submitted within the previous nine (9) months; and,
WHEREAS, a map has been included of the proposed rezone area; and,
WHEREAS, the City of Kenai Planning and Zoning Department conducted a duly advertised
public hearing, following requirements outlined in Kenai Municipal Code 14.20.280 for public
hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. The current zoning district, Suburban Residential (RS) is intended to provide for medium
density residential development. The existing RS zone is not the preferred land use for this
area as there are existing commercial uses to the south and west of the proposed rezone
area and the subject properties are located within 600 feet of the Kenai Spur Highway.
2. The rezone to General Commercial (CG) zone would increase the adjacent CG zoning
district, which it is anticipated that it would be developed in conjunction with the surrounding
Page 106
Resolution No. PZ2025-14
Page 4 of 4
ATTEST:
Page 108
03904002 14256 Kenai Spur Hwy 0.26-acre
03904010 1303 Orchid Way 0.34-acre
03904011 2705 Windflower Dr. 0.17-acre
03904012 2707 Windflower Dr. 0.17-acre
03904015 2713 Windflower Dr. 0.17-acre
03904016 2715 Windflower Dr. 0.21-acre
03904017 2717 Windflower Dr. 0.21-acre
03908108 2726 Augustine Way 0.40-acre
03908109 2724 Augustine Way 0.61-acre
03908111 2722 Augustine Way 0.28-acre
03908113 2720 Augustine Way 0.26-acre
03908115 2718 Augustine Way 0.26-acre
03904009 2710 Wildwood Dr. 0.20-acre
03904008 2712 Wildwood Dr. 0.20-acre
03904007 2714 Wildwood Dr. 0.20-acre
03908116 2717 Wildwood Dr. 0.26-acre
03908114 2719 Wildwood Dr. 0.26-acre
03908112 2721 Wildwood Dr. 0.41-acre
03908110 2723 Wildwood Dr. 0.34-acre
Current Zoning: Suburban Residential (RS)
Proposed Zoning: General Commercial (CG)
Current Land Use Unimproved Residential Lots
Land Use Plan Suburban Residential
Resolution No . PZ2025-14
Rezone from Suburban Residential (RS) to General Commercial (CG)
Kenai Spur Hwy @ Wildwood
BLACK GOLD EST SUB AMD
BLACK GOLD EST SUB AMO
BLACK GOLD EST SUB AMD
BLACK GOLD EST SUB AMO
BLACK GOLD EST SUB AMO
BLACK GOLD EST SUB AMO
BLACK GOLD EST SUB AMO
CARL F. AHLSTROM SUB
CARL F. AHLSTROM SUB
CARL F. AHLSTROM SUB
CARL F. AHLSTROM SUB
CARL F. AHLSTROM SUB
BLACK GOLD EST SUB AMO
BLACK GOLD EST SUB AMO
BLACK GOLD EST SUB AMD
CARL F. AHLSTROM SUB
CARL F. AHLSTROM SUB
CARL F. AHLSTROM SUB
CARL F. AHLSTROM SUB
Page 2 of 5
Page 110
r SUMMARY
The applicants are seeking to rezone properties located primarily north and east of the Kenai Spur
Highway and north of Wildwood Drive in the Black Gold Estates Subdivision (Amended) from
Suburban Residential (RS) to General Commercial (CG) zoning district. One parcel is located to
the west of the Kenai Spur Highway (KPB Parcel 03902122), which is currently split zoned as RS
and CG. The new zoning for this parcel would be wholly CG. Five parcels south of Wildwood
Drive in the Carl F. Ahlstrom Subdivision are also included due to their proximity to other CG
zoned parcels and common ownership.
The purpose of the rezone is to allow commercial uses to be developed on the subject parcels.
Due to the proximity of the Kenai Spur Highway, it is anticipated that commercial uses are more
likely to develop along the corridor, acting as a buffer to the proposed suburban residential
subdivision beyond the affected parcels.
The Kenai Spur Highway is classified as a Principal Arterial in this location by the Alaska
Department of Transportation and as such, it is used to convey a high volume of traffic to Nikiski
and points north. A Principal Arterial route often has higher annual average daily traffic counts
than surrounding city streets, and generally results in higher associated road noise. This noise
often deters substantial residential development directly on the route.
These parcels were originally platted in the 1960s. As development priorities within the City have
changed over time, the preferred use of the land has also changed. Land use along this corridor
and similar corridors in the City are commercial or light industrial in nature. Expanding the CG
Zoning District will allow for additional development along the Kenai Spur Highway.
ANALYSIS
Pursuant to KMC Section 14.20.270, the initiation of a Zoning Map Amendment may be initiated
by a majority of the property owners in the area to be rezone. Furthermore, the area to be rezoned
contains a minimum one (1) acre (excluding street or alley rights-of-way) unless the amendment
enlarges an adjacent district boundary.
The affected parcels are owned by eight different landowners. A majority of the landowners have
expressed support. Written letters of support are attached to the application in this packet. This
therefore, meets the requirements for the initiation of a rezone application. The combined area of
the rezone is approximately 9.55 acres, which exceeds the minimum one (1) acre requirement for
a zoning map amendment and it would expand the adjacent General Commercial zoning district
to the south and west of the proposed rezone area.
Existin g and Pro posed Zonin g
The existing zoning is Suburban Residential (RS) and the intent as outlined in KMC Section
14.20.090 states the following:
The RS Zone is intended to provide for medium density residential development in
areas which will be provided with common utility systems. The specific intent in
establishing this zone is:
(1) To separate residential structures to an extent which will allow for adequate
light, air, and privacy;
Resolution No. PZ2025-14
Rezone from Suburban Residential (RS) to General Commercial (CG)
Kenai Spur Hwy @ Wildwood Page 3 of 5
Page 111
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
Findings: The area is currently surrounded to the west and south with existing commercial
uses. A commercial use is also present in the center of the proposed rezoning area. The
subdivision has not been developed in over sixty years, and given current development trends
in the City of Kenai, the land closest to the Kenai Spur Highway is typically used for
commercial uses. The current zoning, RS prohibits commerical uses unless it is a conditional
use which may preclude potential development from occurring due to an increased
administrative burden on potential developers.
The proposed zoning is General Commercial (CG) and the intent as outlined in KMC Section
14.20.120 states the following:
The CG zone allows for the widest range of commercial uses compared to other
commercial zoning districts. The current zoning district, Suburban Residential (RS) is
intended to provide for medium density residential development. The existing RS zone
is not the preferred land use for this area as there are existing commercial uses to the
south and west of the proposed rezone area and the subject properties are located on
or near the Kenai Spur Highway.
The rezone to General Commercial (CG) zone would increase the adjacent CG zoning
district, which it is anticipated that it would be developed in conjunction with the
surrounding commercial uses along the Kenai Spur Highway. Therefore, it would
minimize potential impacts of commercial development on existing residential uses.
Findings: The rezone to CG zone would increase the adjacent CG zoning district, which it is
anticipated that it would be developed in conjunction with the surrounding
commercial/institutional uses to the west and south. Therefore, minimizing potential impacts
of commercial development on existing uses.
Com p rehensive Plan -Land Use Classification
The existing land use classification is Suburban Residential and the intent as outlined in the
Imagine Kenai 2030 Comprehensive Plan ("Comprehensive Plan") states the following:
Kenai residents place a high value on residential neighborhoods that are safe for all ages and
located near important community facilities such as schools, recreational facilities, the library,
parks, government services, and commercial areas.
Findings: The existing land use classification states that the area is to be Suburban
Residential. Due to the Kenai Spur being a Principal Arterial route, there is reason to anticipate
that this area will become a mix of commercial uses, as traffic is higher along the Kenai Spur
Highway and the associated road noise make residential uses less desirable. The proposed
rezone to CG zone would be consistent as a natural extension of the General Commercial
land use classification that is immediately south of the subject properties as identified in the
Comprehensive Plan.
An amendment to the land use map in the Comprehensive Plan is required, as all the
Resolution No. PZ2025-14
Rezone from Suburban Residential (RS) to General Commercial (CG)
Kenai Spur Hwy @ Wildwood Page 4 of 5
Page 112
proposed uses are not allowable in Suburban Residential zones. The City anticipates updating
the Comprehensive Plan within a couple years, and a new Land Use Plan may be developed
as a part of this process.
The Comprehensive Plan supports this rezoning in the following identified goal:
Goal 1 -Quality of Life: Promote and encourage quality of life in Kenai.
• Q-4: Promote the siting and design of land uses that are in harmony and
scale with surrounding uses.
Findings : The proposed rezone to CG would align with the commercial development of the
surrounding neighborhoods.
Existing Use
In the proposed rezone area, there are no principal structures. Commercial enterprises exist to
the south and west of the proposed rezone area, and mirroring the zoning on the opposite side of
the Kenai Spur Highway would open up land for new development. The original subdivision was
platted over sixty years ago, and to date, there is little development within the entirety of the
subdivision.
Findings: The proposed rezone to CG zone would make the land fronting the Kenai Spur
Highway, as well as adjacent lots behind them more desirable for development. The parcels
not fronting the highway could potentially be merged in future subdivisions to allow for large
developments.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the rezone were
mailed to property owners within a three hundred-foot (300') periphery of the subject properties.
City staff published notice of the public hearing in the Peninsula Clarion, and notification was
posted.
No public comments have been received as of the date of this meeting.
STAFF RECOMMENDATION
Based on the findings and analysis in this staff report, Staff recommends the Planning & Zoning
Commission recommending approval of a rezone of twenty-eight (28) parcels from Suburban
Residential (RS) to General Commercial (CG) Zoning District; recommending a Zoning Map
Amendment; and a Land Use Map Amendment. Planning & Zoning Commission's
recommendation will be forwarded to City Council for consideration.
ATTACHMENTS
Zoning Map
Application Materials
Letter of Intent
Letters of Support
Aerial Map
Plat
Draft Zoning Map
Resolution No. PZ2025-14
Rezone from Suburban Residential (RS) to General Commercial (CG}
Kenai Spur Hwy @ Wildwood Page 5 of5
Page 113
Page 114
Kevin Buettner
From:
Sent:
To:
Subject
Ale>< Douthit
Tuesday, March 4, 2025 10:45 AM
Kevin Buettner
Rezone
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
llnks, especially from unknown senders.
Good Afternoon,
It Is my request to rezone an area on the Kenai Spur Hwy and Wildwood Drive.
I currently own a large lot in the middle of the area that is zoned General Commercial and this would align the
surrounding areas to also be general commercial.
The surrounding lots are currently zoned Suburban residential.
With this change, this area would then mirror the adjacent side of the Kenai Spur hwy which has a very
similar area that is already zoned General Commercial.
This rezoning would allow for much needed commercial development areas within the City of Kenai and
encourage economic growth within the city. The attached letters in addition to myself represent 22 of 29
surrounding lots.
The lots requesting to rezone ere listed as follows
4320, 14288,14260,14256,14224,14383 KENAI SPUR HWY
2815,2813,2811,2809,2807,2717,2715,2713,2707,2705 WILDFLOWER DR.
2710,2714,2712,2717.2719,2721,2723 Wildwood dr.
1303 ORCHID WAY
2718,2720,2722,2724,2726 Augustine
Also attached are letters of support form a large majority of the Involved land owners.
Thank you,
...
1
Page 116
3/4/25, 3:26 PM The Douthit Family Mail -rezone
Gmail Alex Douthit
rezone
Fri, Feb 28, 2025 at 9:44 AM
yes i John Bennett would like to rezone my lots to general commercial
{Quoted text hidden]
https://meil.google .com/mail/u/0/?ik=98b80abd7e&view=pt&search=ell&permmsgid=msg-f: 1825327864530797154&simpl=msg-f: 1825327864530797154 1 /1
Page 118
Page 121
Page 126
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Terry Eubank, City Manager
DATE: April 25, 2025
SUBJECT: Discussion - Facility Use Policy Administration
This memo is intended to provide context and invite feedback regarding the administration and
development of facility use policies across City facilities.
City departments manage a wide range of facilities—approximately 45 indoor and outdoor
locations—that are subject to differing policies and procedures. In certain cases, such as the
Kenai Municipal Cemetery, City Code specifically requires Council action to adopt or amend
related policies. In most instances, departments have historically developed and maintained
facility policies administratively under the supervision of the City Manager, consistent with City
Code, which assigns the City Manager responsibility for overseeing departments and their
operations.
There have, however, been instances where policies were brought to Council for approval even
when not expressly required by Code. These occurrences have raised questions about when
Council action is appropriate, particularly in cases not specifically addressed by City Code.
The current structure generally supports administrative flexibility while allowing for the Council to
set broad policy direction. Departments have developed and updated standard operating
procedures (SOPs) and facility use guidelines accordingly. While there is no immediate concern
with this structure, questions have occasionally been raised about how best to ensure consistent
practices and transparency across facilities.
For City facilities not explicitly governed by code, the Administration intends to continue managing
facility use policies administratively. This includes consultation with relevant commissions, such
as Parks & Recreation, Airport, or Council on Aging, as appropriate, prior to finalizing any
changes. As policies are adopted or amended, notable updates may be shared with the Council
through the City Manager’s report, depending on their scope or public interest.
This approach balances operational flexibility and efficiency with transparency and Council
awareness. If there are any concerns with this direction, the Administration welcomes further
discussion.
Page 127
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Terry Eubank, City Manager
DATE: April 25, 2025
SUBJECT: Discussion - Unsafe Driving Through Parking Lots (Rat Running)
This memo is intended to provide background and support Council discussion regarding the
unsafe driving practice of motorists cutting through private or public property to avoid traffic control
devices—commonly referred to as "rat running."
The issue has become particularly visible at the Kenai Visitor and Cultural Center. Last spring,
the Kenai Chamber Director reported numerous vehicles—15 to 20 at a time—using the parking
lot as a shortcut between Overland Street and the Kenai Spur Highway, often at high speeds.
This created safety concerns for pedestrians, visitors, and staff. In response, the Administration
explored several deterrents.
A marked police vehicle was temporarily parked at the site, which reduced speeding but was not
sustainable as a long-term enforcement measure. Temporary barricades blocking the Spur
Highway exit successfully stopped the cut-through traffic but prompted complaints about
appearance, restricted RV access (an original design intent), and interference with a private
easement. Directional signage marking the exit as “Right Turn Only” was installed; while
somewhat helpful, it lacked enforceability and was often ignored. Speed bumps, previously
installed to slow traffic, had deteriorated due to snow removal and are now scheduled for
replacement at an estimated cost of $15,000. The City is also considering a permanent
reconfiguration of the Spur Highway entrance/exit, which would cost approximately $45,000.
While these previous efforts have provided temporary relief, none have fully resolved the issue or
offer a sustainable solution on their own.
Current Alaska law limits the City’s ability to enforce traffic rules on private or public parking lots
unless a driver’s behavior rises to the level of reckless driving. Some other Alaska communities—
such as Anchorage and Fairbanks—have adopted local ordinances to prohibit cut-through driving
and allow for fines. Enacting a similar ordinance in Kenai would provide the Police Department
with a targeted enforcement tool. While enforcement would depend on officer availability and
would not eliminate the behavior entirely, it could deter frequent offenders and signal that the City
takes pedestrian safety seriously. The Kenai Police Department supports pursuing this option,
with the understanding that it should be paired with continued investment in physical deterrents,
such as speed bumps or entry redesigns.
Page 128
Page 2 of 2
City Administration recommends a combined approach: enactment of a local ordinance, paired
with physical deterrents where feasible. While legislation alone will not solve the problem, it
creates a legal mechanism to discourage the behavior and supports ongoing safety efforts. If
Council concurs, draft legislation will be prepared for introduction at the May 21st meeting.
Page 129
KENAI COUNCIL ON AGING – REGULAR MEETING
APRIL 10, 2025 – 3:00 P.M.
KENAI SENIOR CENTER
361 SENIOR CT., KENAI, AK 99611
VICE CHAIR GLENDENING, PRESIDING
Council on Aging Meeting Page 1 of 2
April 10, 2025
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Council on Aging was held on April 10, 2025, at the Kenai Senior Center, Kenai,
AK. Vice Chair Glendening called the meeting to order at approximately 3:00 p.m.
1. Pledge of Allegiance
Vice Chair Glendening led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Jim Glendening, Vice Chair William Sadler
Velda Geller Barbara Modigh
Gina Kuntzman Kit Hill
A quorum was present.
Absent:
Rachael Craig, Chair
Also in attendance were:
Kathy Romain, Senior Center Director
Red Piersee, Senior Center Administrative Assistant
Henry Knackstedt, City Council Liaison
3. Agenda Approval
MOTION:
Commissioner Hill MOVED to approve the agenda as presented. Commissioner Kuntzman 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. March 13, 2025 Regular Meeting Minutes
MOTION:
Commissioner Hill MOVED to approve the March 13, 2025 Council on Aging minutes. Commissioner
Sadler SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
Page 130
Council on Aging Meeting Page 2 of 2
April 10, 2025
E. UNFINISHED BUSINESS – None.
F. NEW BUSINESS
1. Discussion/Recommendation - Committees appointments to Workplan Goals
Director Romain gave a staff report from information provided in the packet, and explained that she had
asked for this meeting to be held so that commissioners could be appointed to the Committee’s Workplan
goals.
Assignments were made as follows: Commissioners Hill and Sadler to Goal #1; all members to Goal #2;
and Commissioners Modigh and Kuntzman to Goal #3.
2. Discussion – KPHI Presentation to Council from 04.02.2025
The Kenai Peninsula Housing Initiatives (KPHI) presentation that was presented at the April 2, 2025 City
Council meeting was reviewed. Commissioners discussed the land donation with Council Liaison
Knackstedt.
G. REPORTS
1. Senior Center Director – Director Romain reported on the following:
• The February Midmonth report as provided in the packet was reviewed.
• The March for Meals fundraiser was a success.
• The Senior Center will host an annual Health and Wellness Day in May.
• Senior Center surveys are out and available at the front desk until the end of June.
2. Commission Chair – Vice Chair Glendening reported on recent funding challenges; praised Senior
Center staff for their commitment and efficiency in spending funds; noted that it is the mission of
this advisory group to remain strong to accept further challenges; and expressed appreciation for
Council Liaison Knackstedt.
3. City Council Liaison – Council Member Knackstedt reported on the recent actions of the City
Council.
H. ADDITIONAL PUBLIC COMMENTS – None.
I. NEXT MEETING ATTENDANCE NOTIFICATION – May 8, 2025
It was noted that the May 8, 2025 meeting would be cancelled.
J. COMMISSION QUESTIONS AND COMMENTS
K. ADJOURNMENT
L. INFORMATIONAL ITEMS
1. February Monthly Report
There being no further business before the Council on Aging, the meeting was adjourned at 4:25 p.m.
I certify the above represents accurate minutes of the Council on Aging meeting of April 10, 2025.
___________________________________
Meghan Thibodeau
Deputy City Clerk
Page 131
KENAI AIRPORT COMMISSION – REGULAR MEETING
APRIL 10, 2025 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR GLENDA FEEKEN, PRESIDING
Airport Commission Meeting Page 1 of 3
April 10, 2025
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Airport Commission was held on April 10, 2025, in the Kenai City Council
Chambers, Kenai, AK. Chair Feeken called the meeting to order at approximately 6:00 p.m.
1. Pledge of Allegiance
Chair Feeken led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Glenda Feeken, Chair Paul Minelga, Vice Chair
James Bielefeld Dan Knesek
James Zirul
A quorum was present.
Absent:
Cody Whicker Jacob Caldwell
Also in attendance were:
Derek Ables, Airport Manager
Sarah Conley, Airport Administrative Assistant
Phil Daniel, City Council Liaison
3. Agenda Approval
Chair Feeken noted the following additions to the packet:
Add to Item F.1. Discussion/Recommendation – Recommending Council Amend Kenai
Municipal Code 21.05.085- Airport Fuel Flowage Fee, To Remove the Set
Amount in Code and Instead Refer to the Annually Updated Schedule of Rates
Charges and Fees.
• Ordinance Memo
MOTION:
Commissioner Bielefeld MOVED to approve the agenda with the requested additions. Vice Chair Minelga
SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
B. SCHEDULED PUBLIC COMMENTS - None.
C. UNSCHEDULED PUBLIC COMMENTS - None.
D. APPROVAL OF MINUTES
Page 132
Airport Commission Meeting Page 2 of 3
April 10, 2025
1. March 13, 2025 Regular Meeting Minutes
MOTION:
Commissioner Bielefeld MOVED to approve the March 13, 2025 Airport Commission minutes.
Commissioner Knesek SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
E. UNFINISHED BUSINESS – None.
F. NEW BUSINESS
1. Discussion/Recommendation – Recommending Council Amend Kenai Municipal Code
21.05.085- Airport Fuel Flowage Fee, To Remove the Set Amount in Code and Instead Refer
to the Annually Updated Schedule of Rates Charges and Fees.
MOTION:
Vice Chair Minelga MOVED to recommend City Council amend Kenai Municipal Code 21.05.085- Airport
Fuel Flowage Fee, To Remove the Set Amount in Code and Instead Refer to the Annually Updated
Schedule of Rates Charges and Fees. Commissioner Bielefeld SECONDED the motion.
Airport Manager Ables gave a staff report from information provided in the packet.
[Clerk’s Note: Commissioner Zirul arrived at 6:04 p.m.]
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection; SO ORDERED.
2. Discussion/Recommendation – Recommending Council Award a Special Use Permit to
Rebecca Boettcher, DBA: The Fishing Grounds, LLC, for operation of a gift shop inside the
Kenai Municipal Airport Terminal.
MOTION:
Commissioner Zirul MOVED to recommend City Council Award a Special Use Permit to Rebecca
Boettcher, DBA: The Fishing Grounds, LLC, for operation of a gift shop inside the Kenai Municipal Airport
Terminal.
Commissioner Bielefeld SECONDED the motion.
Airport Manager Ables gave a staff report from information provided in the packet.
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection; SO ORDERED.
3. Discussion/Recommendation – Recommending Council Award a Special Use Permit to the
State of Alaska Division of Forestry and Fire Protection for 30,000 square feet of apron space
for aircraft loading and parking.
MOTION:
Commissioner Zirul MOVED to recommend City Council Award a Special Use Permit to the State of
Alaska Division of Forestry and Fire Protection for 30,000 square feet of apron space for aircraft loading
and parking. Commissioner Bielefeld SECONDED the motion.
Airport Manager Ables gave a staff report from information provided in the packet.
UNANIMOUS CONSENT was requested on the motion.
Page 133
Airport Commission Meeting Page 3 of 3
April 10, 2025
VOTE: There being no objection; SO ORDERED.
G. REPORTS
1. Airport Manager – Airport Manager Ables reported on the following:
• Airport Master Plan moving forward; working primarily on data collection by HDL Engineers;
90% of FAA equipment locates completed.
• Attended Volaire forum with 24 other airports, met with five airlines to discuss future service
in Kenai.
• Debbie’s Bistro is now open in the Airport Terminal.
• QR codes are up on the signs at the float plane basin.
• Invitation extended to pancake breakfast and Kenai Peninsula Air Fair.
2. Commission Chair – None.
3. City Council Liaison – Council Member Daniel reported on recent actions of the City Council.
H. ADDITIONAL PUBLIC COMMENTS – None.
I. NEXT MEETING ATTENDANCE NOTIFICATION – May 8, 2025
J. COMMISSION QUESTIONS AND COMMENTS
Commissioner Zirul discussed whether there’s an option for commercial vs private hangar leases.
K. ADJOURNMENT
L. INFORMATIONAL ITEMS
1. Administrative Report
There being no further business before the Airport Commission, the meeting was adjourned at 6:23 p.m.
I certify the above represents accurate minutes of the Airport Commission meeting of April 10, 2025.
___________________________________
Meghan Thibodeau
Deputy City Clerk
** The student representative may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be cast last in the roll call order and shall not affect the outcome
of the official commission vote. Advisory votes shall be recorded in the minutes. A student representative
may not move or second items during a commission meeting.
Page 134
KENAI HARBOR COMMISSION – REGULAR MEETING
APRIL 7, 2025 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR LISA GABRIEL, PRESIDING
Harbor Commission Meeting Page 1 of 3
April 7, 2025
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Harbor Commission was held on April 7, 2025, 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 Reveal, Vice Chair
Zachary Rohr Matthew Moffis, Vice Chair
Dominick Sarte
A quorum was present.
Also in attendance were:
Lee Frey, Public Works Director
Lisa List, Public Works Administrative Assistant
Sovala Kisena, City Council Liaison
3. Election of Chair and Vice Chair
Chair Gabriel called for nominations for the position of Harbor Commission Chair.
MOTION:
Commissioner Moffis NOMINATED Commissioner Reveal to the position of Chair. Commissioner Rohr
seconded the motion.
VOTE: There being no objection; SO ORDERED.
[Clerk’s Note: Chair Gabriel passed the gavel to newly elected Chair Reveal.]
Chair Reveal called for nominations for the position of Harbor Commission Vice Chair.
MOTION:
Commissioner Gabriel NOMINATED Commissioner Moffis to the position of Chair. Commissioner Rohr
SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
4. Agenda Approval
MOTION:
Commissioner Gabriel MOVED to approve the agenda as presented. Commissioner Rohr SECONDED
the motion.
VOTE: There being no objection; SO ORDERED.
Page 135
Harbor Commission Meeting Page 2 of 3
April 7, 2025
B. SCHEDULED PUBLIC COMMENTS - None.
C. UNSCHEDULED PUBLIC COMMENTS
Robert Peterkin addressed the Commission regarding in building a Harbor in Kenai, summarizing the
number of items that are transported through the road system to get to a port and the number of boats
that would utilize stalls.
Tom Pellegrom addressed the Commission in support of building a Harbor in Kenai.
D. APPROVAL OF MINUTES
1. February 10, 2025 Regular Meeting Minutes
MOTION:
Commissioner Gabriel MOVED to approve the February 10, 2025 Harbor Commission minutes.
Commissioner Moffis SECONDED the motion.
VOTE: There being no objection; SO ORDERED.
E. UNFINISHED BUSINESS – None.
F. NEW BUSINESS
1. Discussion/Recommendation - Work Plan Implementation.
It was reported this was placed on the agenda to allow the commission to discuss what direction the
Commission wanted to move forward with from the work plan; the Bluff Stabilization project was
scheduled to be completed this year; and the Waterfront Revitalization Project would be based on private
investment and development.
2. Discussion/Recommendation - Schedule date for Kenai Dock Site Visit.
The Kenai Dock Site Visit Work Session was scheduled for June 9, 2025.
G. REPORTS
1. Public Works Director – Director Frey reported on the following:
• Bluff Stabilization Project is moving forward.
• Dock is currently open, earliest opening in years.
• Purchasing materials to build new floats that we built in house over the winter.
2. Commission Chair – No report.
3. City Council Liaison – Council Member Kisena reported on recent actions of the City Council.
H. ADDITIONAL PUBLIC COMMENTS
Todd Paxton, Nikiski addressed the Commission in support of developing a Harbor in Kenai.
I. NEXT MEETING ATTENDANCE NOTIFICATION - May 12, 2025.
J. COMMISSION QUESTIONS AND COMMENTS
Commissioner Gabriel congratulated Commissioner Moffis and Chair Reveal for the election as
Commission Officers.
Page 136
Harbor Commission Meeting Page 3 of 3
April 7, 2025
Chair Reveal stated she appreciated everyone patients when taking these long term issues through
process.
Commissioner Sarte congratulated the new Officers and stated his appreciation for the public
participation and ideas.
K. ADJOURNMENT
L. INFORMATIONAL ITEMS – None.
There being no further business before the Harbor Commission, the meeting was adjourned at 6:35 p.m.
I certify the above represents accurate minutes of the Harbor Commission meeting of April 7, 2025.
___________________________________
Meghan Thibodeau
Deputy City Clerk
Page 137
KENAI BEAUTIFICATION COMMISSION – REGULAR MEETING
APRIL 8, 2025 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR SARAH DOUTHIT, PRESIDING
Beautification Commission Meeting Page 1 of 2
April 8, 2025
MINUTES
A.CALL TO ORDER
A Regular Meeting of the Beautification Commission was held on April 8, 2025, in the Kenai City Council
Chambers, Kenai, AK. Chair Douthit called the meeting to order at approximately 6:06 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
Brittney Hoffert
A quorum was not present.
Absent:
Christina Warner, Vice Chair Terri Wilson
Sonja Barbaza Samantha Springer
Also in attendance were:
Tyler Best, Parks & Recreation Director
Victoria Askin, City Council Liaison
3.Agenda Approval
B.SCHEDULED PUBLIC COMMENTS
C.UNSCHEDULED PUBLIC COMMENTS
D.APPROVAL OF MINUTES
1.November 19, 2024 Regular Meeting Minutes
2.February 11, 2025 Regular Meeting Minutes
E.UNFINISHED BUSINESS
F.NEW BUSINESS
1.Discussion/Recommendation – Annual report of 2024 work plan goals
2.Discussion/Recommendation- Workplan Goals for 2025
G.REPORTS
1.Parks & Recreation Director
Page 138
Beautification Commission Meeting Page 2 of 2
April 8, 2025
2. Commission Chair
3. City Council Liaison
H. ADDITIONAL PUBLIC COMMENTS
I. NEXT MEETING ATTENDANCE NOTIFICATION – May 13, 2025
J. COMMISSION QUESTIONS AND COMMENTS
K. ADJOURNMENT
L. INFORMATIONAL ITEMS
1. Park inventory
Due to a lack of a quorum, the meeting was adjourned at 6:07 p.m.
I certify the above represents accurate minutes of the Beautification Commission meeting of April 8, 2025.
___________________________________
Meghan Thibodeau
Deputy City Clerk
Page 139
PROCLAMATION
WHEREAS, sexual assault is an intolerable violent crime with public health implications for
every person in the central Kenai Peninsula, and no one person, organization, agency or
community can eliminate sexual assault alone; and,
WHEREAS, sexual violence prevention can be better addressed through education, counseling,
support of victims/survivors, and increased support for service agencies in collaboration with
The LeeShore Center; and,
WHEREAS, the LeeShore Center, its staff and volunteers work year around to address sexual
assault by providing 24-hour crisis services, offering support to those impacted by sexual
assault, and providing prevention education and survivor empowerment information to
schools, churches, and civic organizations, as well as to medical, mental health, law
enforcement, education and criminal justice personnel; and,
WHEREAS, The LeeShore Center continues to develop and improve the quality of service for
those most profoundly and directly impacted by sexual violence.
NOW, THEREFORE, I, HENRY KNACKSTEDT, VICE MAYOR OF THE CITY OF KENAI, ALASKA,
hereby proclaim April 2025 as:
“Sexual Assault Awareness Month”
in the City of Kenai and urge all citizens to support and assist The LeeShore Center as it
continues its efforts to bring real hope for freeing the central Kenai Peninsula from the tragedy
of sexual violence and exploitation.
DATED: This 7th day of May, 2025. ____________________________________________________ Henry Knackstedt, Vice Mayor ATTEST: ___________________________________________________ Michelle M. Saner, MMC, City Clerk
Page 140
Connections:
May 7 – Salmon Celebration @ Johnson Lake
May 12 – Bike Rodeo, Ice Cream Social @ Soldotna Prep School (12 - 2 pm)
May 14 – Kenai River Spring Cleanup @ Soldotna Visitors Center (1:30 pm)
May 7-19 – Student Art Work displayed at Soldotna City Council Chambers
May 22 – Graduation @ Soldotna High School Auditorium
Special Congratulations to senior Xinlan Tanner for being selected as one of the 621
semifinalists to advance to the final round of the 2025 U.S. Presidential Scholars Program.
KAHS:
May 12-23 – 2025 New Student Application Interviews
KCHS:
May 7 – Pops Choir Concert (8 pm)
May 8 – Boys, Girls JV and Varsity Soccer @ Grace Christian High School
May 8-10 – Softball “Bash on the Bay” Tournament @ Homer
May 9 – Boys, Girls JV and Varsity Soccer @ Palmer High School
May 9 – Boys JV and Varsity Baseball vs Homer High School
May 9-10 – Track Invite @ Dimond High School
May 10 – Boys, Girls JV and Varsity Soccer @ Houston High School
May 10 – Coed JV and Varsity Baseball vs Soldotna High School
May 12 – Boys, Girls JV and Varsity Soccer @ Homer High School
May 12 – Girls JV and Varsity Softball vs Homer High School
May 13 – Girls JV and Varsity Softball @ Soldotna High School
May 15 – Boys JV and Varsity Baseball @ Homer High School
May 16 – Boys JV and Varsity Soccer @ Nikiski High School
May 16 – Girls JV and Varsity Softball @ Homer High School
May 17 – KPBSD Track Boroughs @ KCHS/KMS
May 17 – Boys JV and Varsity Baseball vs Grace Christian High School
May 19 – Awards Night
May 20 – Graduation (Seniors)
Kenai City Council - Regular Meeting Page 1 of 3
May 07, 2025
Kenai City Council - Regular Meeting
May 07, 2025 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
**Telephonic/Virtual Information on Page 3**
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items
limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the council
and will be approved by one motion. There will be no separate discussion of these items unless a
council member so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED ADMINISTRATIVE REPORTS
C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker;
twenty (20) minutes aggregated)
D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 3464-2025 - Amending Kenai Municipal Code
21.05.085 - Airport Fuel Flowage Fee, to Remove the Set Amount in Code and Instead Refer
to the Annually Updated Schedule of Rates, Charges and Fees. (Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3465-2025 - Amending Kenai Municipal Code,
Title 2 - Alcoholic Beverage and Marijuana, Standardizing How Licenses are Reviewed by the
City, Allowing for Administrative Non-Objections for Renewal of Existing Licenses When No
Grounds to Object to the Renewal are Identified, Updating Public Hearings for Protests or
Conditional Non-Objections, Aligning Municipal Code with Requirements of Alaska Statutes,
and Other Housekeeping Amendments. (City Clerk)
3. ENACTED UNANIMOUSLY. Ordinance No. 3466-2025 - Amending Kenai Municipal Code,
Chapter 4.32 Residential Code, to Reinstate Provisions Related to Engineered Design and
Location, Including Fire Code Protection on Floors Provisions of the 2021 International
Residential Code. (Administration)
4. ENACTED UNANIMOUSLY. Ordinance No. 3467-2025 - Accepting and Appropriating a Grant
Received Through the Alaska Animal Control Association to the Kenai Animal Shelter for
Attendance at the Alaska Animal Control Association 2025 Training Conference.
(Administration)
Kenai City Council - Regular Meeting Page 2 of 3
May 07, 2025
5. ENACTED UNANIMOUSLY. Ordinance No. 3468-2025 - Accepting and Appropriating a
Donation to the Kenai Community Library for the Summer Reading Program 2025.
(Administration)
6. POSTPONED TO 5/21/2025. Ordinance No. 3469-2025 - Amending KMC 1.85.060-Conflicts
of Interest Prohibited, to Allow Municipal Officers and City Employees to Participate in Certain
Sales Open to the Public Through a Public Process and Narrowing the Existing Prohibition on
Purchases to Personal Property Items. (Douthit)
7. ADOPTED UNANIMOUSLY. Resolution No. 2025-27 - Authorizing the City Manager to Enter
Into an Agreement with the State of Alaska Department of Natural Resources for a Utility
Easement for the City Water Main. (Administration)
8. ADOPTED UNANIMOUSLY. Resolution No. 2025-28 - Authorizing Contract Awards for
Purchase of Water and Wastewater Chemicals. (Administration)
9. ADOPTED UNANIMOUSLY. Resolution No. 2025-29 - Authorizing Contract Award for Aliak
Storm Water Rehab Design. (Administration)
10. ADOPTED UNANIMOUSLY. Resolution No. 2025-30 - Approving Amendments to the
Agreement for Contract Services for Vintage Pointe Manor Congregate Housing.
(Administration)
11. ADOPTED UNANIMOUSLY. Resolution No. 2025-31 - Amending the Kenai Municipal
Cemetery Regulations and Fee Schedule Policy Numbering It PRK-70.001, Revising Marker
and Headstone Regulations and Making Other Housekeeping Amendments. (City Clerk)
F. MINUTES
1. *Special Meeting of April 15, 2025. (City Clerk)
2. *Regular Meeting of April 16, 2025. (City Clerk)
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Special Use Permit to Weaver Brothers, Inc. for Truck Trailer Storage.
(Administration)
3. *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)
4. *Ordinance 3470-2025 - Amending the Official Zoning Map and Land Use Table by Rezoning
Twenty-Eight Properties Located Near the Intersection of the Kenai Spur Highway and
Wildwood Drive from Suburban Residential (RS) to General Commercial (CG) Zoning District.
(Administration)
5. *Action/Approval - Amending and Extending an Employment Agreement between the City of
Kenai and City Attorney, Scott Bloom. (Gabriel)
6. Discussion - Facility Use Policy Administration. (Administration)
7. Discussion - Unsafe Driving Through Parking Lots (Rat Running). (Administration)
Kenai City Council - Regular Meeting Page 3 of 3
May 07, 2025
I. COMMISSION REPORTS
1. Council on Aging Commission
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Commission
J. REPORT OF THE MAYOR
1. Proclamation Declaring April 2025 as “Sexual Assault Awareness Month”
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.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Registration is required to join the meeting remotely through Zoom. Please use the following link to
register:
https://us02web.zoom.us/meeting/register/2fYfc_EtQ3aRlaULt8K0zg