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Home My WebLink About2025-05-21 Council PacketKenai City Council - Regular Meeting Page 1 of 3 May 21, 2025 Kenai City Council - Regular Meeting May 21, 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) 1. Alaska Christian College Update, Dr. Keith Hamilton, President of Alaska Christian College. 2. Kenai Peninsula Children’s Advocacy Centers, Request for Funding, Executive Director & Children’s Advocacy Center Director Lindsey Collins, Kenai Child Advocacy Center Manager Morgan Lyons, and Ryan Grimm. D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. 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. (Administration) 2. Resolution No. 2025-32 - Declaring a Right-Of-Way for a 60’ by 156’ Portion of the Unnamed Road Along Wildwood Drive as Dedicated on Lots 11& 12, Block 8, Black Gold Estates 2025 Replat (Plat K1399), Not Needed for a Public Purpose and Consenting to Its Vacation. (Administration) 3. Resolution No. 2025-33 - Authorizing Award of the City-Owned Lands Appraisal Contract. (Administration) 4. Resolution No. 2025-34 - Authorizing the City Manager to Enter into an Agreement for Janitorial Services at the Kenai Municipal Airport Terminal. (Administration) Page 1 Kenai City Council - Regular Meeting Page 2 of 3 May 21, 2025 F. MINUTES 1. *Regular Meeting of May 7, 2025. (City Clerk) G. UNFINISHED BUSINESS 1. 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) [On 05/07/25 this item was postponed to 05/21/25]  Ordinance No. 3469-2025 Substitute - Amending KMC 1.85.060-Conflicts of Interest Prohibited, to Allow 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) H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Ordinance No. 3471-2025 - Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the Fiscal Year Commencing July 1, 2025 and Ending June 30, 2026 and Committing $2,850,457 of General Fund, Fund Balance for Future Capital Improvements. (Administration) 3. *Ordinance No. 3472-2025 - Accepting and Appropriating Grant Funds from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 4. *Ordinance No. 3473-2025 - Accepting and Appropriating a Grant Received Through the American Society for the Prevention of Cruelty to Animals to the Kenai Animal Shelter for Attendance at the Alaska Animal Control Association 2025 Training Conference. (Administration) 5. *Ordinance No. 3474-2025 - Increasing Estimated Revenues and Appropriation in the Wastewater, Water & Sewer, and Municipal Roadway Improvements Capital Project Funds to Transfer Residual Balance from Completed Projects Back to their Original Funding Sources. (Administration) 6. *Ordinance No. 3475-2025 - Increasing Estimated Revenues and Appropriations in the General Fund – Legislative Department and Increasing the Purchase Order Amount to BDO USA, P.C. for the FY2024 and FY2025 Financial Audits. (Administration) 7. Action/Approval - Extension to Memorandum of Understanding with the Kenai Historical Society. (Administration) 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 Page 2 Kenai City Council - Regular Meeting Page 3 of 3 May 21, 2025 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/6h_KpazeR6y0erc4TOOqnQ Page 3 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 4 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 5 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 6 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 7 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 8 Page 9 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 15 Resolution No. PZ2025-14 Page 4 of 4 ATTEST: Page 17 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 19 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 20 (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 21 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 22 Page 23 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 25 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 27 Page 30 Page 35 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2025-32 A RESOLUTION DECLARING A RIGHT-OF-WAY FOR A 60’ BY 156’ PORTION OF THE UNNAMED ROAD ALONG WILDWOOD DRIVE AS DEDICATED ON LOTS 11& 12, BLOCK 8, BLACK GOLD ESTATES 2025 REPLAT (PLAT K1399), NOT NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO ITS VACATION. WHEREAS, on March 26, 2025, by Resolution No. PZ2025-05 the Kenai Planning and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission approve of the preliminary plat of Black Gold Estates 2025 Replat with a vacation of 156 feet of the 60’ right-of-way along the southerly boundary as dedicated on the plat of Lots 11 & 12, Block 8, Black Gold Estates 2025 Replat (Plat K1399), subject to Council approval of the vacation; and, WHEREAS, on April 28, 2025, the Kenai Peninsula Borough Planning Commission preliminarily approved, subject to Council approval, the vacation of a 60’ by 156’ portion of Wildwood Drive on the southeast boundary of Lots 11 & 12, Block 8, Black Gold Estates 2025 Replat (Plat K1399); and, WHEREAS, on April 29, 2025, the Kenai Peninsula Borough submitted a letter to the Kenai City Council requesting consideration of the vacation in accordance with Alaska Statutes 29.40.140 that requires the consent of the City Council prior to vacation of city right-of-way; and, WHEREAS, Kenai Municipal Code 22.05.110 - Determination as to need for public use, states City Council may vacate rights-of-way or easements by resolution; and, WHEREAS, there is no needed public use for the 60’ by 156’ right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The 60’ by 156’ right-of-way portion of Wildwood Drive on the southeast boundary of Lots 11 & 12, Block 8, Black Gold Estates 2025 Replat (Plat K1399) is not needed for a public purpose, and the Council of the City of Kenai consents to the vacation of the 60’ by 156’ right-of-way as set forth on the attached Exhibit "A ". Section 2. That this resolution takes effect immediately upon passage. PASSED 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 Page 36 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Kevin Buettner, Planning Director DATE: May 14, 2025 SUBJECT: Resolution No. 2025-32 - Declaring a Right-of-Way for a 60’ by 156’ Portion of the Unnamed Road Along Wildwood Drive as Dedicated on Lots 11 & 12, Block 8, Black Gold Estates 2025 Replat (Plat K1399), and as Set Forth on the Attached Exhibit “A” is not Needed for a Public Purpose and Consenting to its Vacation. On March 26, 2025, the Planning and Zoning Commission passed Resolution PZ2025-05 recommending the approval of the Black Gold Estates 2025 Replat subject to the following condition: the Kenai City Council must declare the sixty-foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. On April 28, 2025, the Kenai Peninsula Borough Planning Commission preliminarily approved the vacation, subject to Council approval, of a 60’ by 156’ portion of Wildwood Drive on the southeast boundary of Lots 11 & 12, Block 8, Black Gold Estates 2025 Replat (Plat K1399) during their regularly scheduled meeting. Background – Wildwood Drive 60’ ROW The initial subdivision was approved by Resolution 63-20 in July 1963, but due to conflicts with the US military regarding a drainage ditch along the north side of what was called Wildwood Station Road, subsequent changes to the subdivision were required. On December 2, 1964, the Kenai City Council passed Resolution 64-24 approving a re-subdivision of Black Gold Estates, which is located to the north and west of Wildwood Station Road. This new subdivision adjusted Lots 1-3 in Block 1, Lots 1-15 in Block 7, and Lots 8-13 in Block 8 to include a 60 foot right of way immediately adjacent to the existing 120 foot right of way for Wildwood Station Road (now Wildwood Drive). This right of way was to allow the City to develop a frontage road parallel to Wildwood Station Road, and control/maintain the access points across the drainage ditch from the military installation. Plat notes included with this amendment included the provision of a special assessment of 90 cents per front foot to be used to construct the road. These funds have since been returned to the original payees. The legislation further stipulated that no lots (listed above) fronting Wildwood Station Drive “shall be developed until the road is built and the two access streets are constructed.” Page 37 Page 2 of 2 The military installation was closed and the land was subsequently used by the State of Alaska for Wildwood Correctional Facility. Wildwood Drive is the primary ingress and egress route. To date, the 60’ right of way remains in place along the north side of Wildwood Drive and no development has occurred on this side of the road, outside of a commercial property at the intersection of Wildwood Drive and the Kenai Spur Highway at the extreme western end of the right of way. On September 15, 2021, Resolution 2021-57 was passed by Council to vacate a 60’ by 254’ portion of this right of way. This vacated portion is located to the southwest of the current vacation request. The supporting documentation from the City of Kenai regarding this vacation did not explicitly mention Resolutions 63-20 or 64-24, but did refer to the Black Gold Estates, Amended plat by providing a plat map. The Administration is working with the Kenai Native Association on an agreement to allow improvement of the roadway known as Wildwood Drive. The City may consider entering into an agreement, subject to Council approval, to purchase any interest Kenai Native Association may have in the roadway, as Kenai Native Association’s asserted interest has presented challenges to improvements. If an agreement is approved by the Council, there likely is no public purpose for the unnamed 60’ right-of-way. Current Request In accordance with Alaska Statutes 29.40.140, no vacation of a City right-of-way and/or easement may be made without consent of the City Council. According to Kenai Municipal Code 22.05.110 - Determination as to Need for Public Purpose, provides the Kenai City Council may vacate rights- of-way or easements by resolution. Because the right-of-way is adjacent to a road in which there is an asserted interest, the land may be needed for a public purpose in the future to support access or improvements. Per Kenai Peninsula Borough Code 20.65.050(H) – Vacations: a [Kenai Peninsula Borough] planning commission decision to approve a vacation is not effective without the consent of the [Kenai] city council, if the area to be vacated is within a city, or by the assembly in all other cases. The council or assembly shall have 30 days from the date of the planning commission approval to either consent to or veto the vacation. Notice of veto of the vacation shall be immediately given to the planning commission. Failure to act on the vacation within 30 days shall be considered to be consent to the vacation. Thank you for your consideration. Attachments Exhibit A: Preliminary Plat identifying recommended vacation of 60’ by 156’ right-of-way Notice of Decision Letter from Kenai Peninsula Borough dated April 29, 2025 Borough Planning Commission Meeting Action Agenda Pertinent Materials from Borough Planning Commission Meeting City of Kenai Planning and Zoning Commission Resolution PZ2025-05 Minutes from March 26, 2025 City of Kenai Planning and Zoning Commission Meeting Page 38 Page 39 144 North Binkley Street, Soldotna, AK 99669 | (P) 907-714-2200 | (F) 907-714-2378 | www.kpb.us Peter A. Micciche Borough Mayor Planning Department April 29, 2025 KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEETING OF APRIL 28, 2025 RE: Vacates a portion of the 60-foot right-of-way adjacent to Lots 11 & 12, Block 8 per Black Gold Estates Subdivision Amended, Plat K1399; KPB File 2025-048V1 The Planning Commission, pursuant to KPB 2.40 and 20.65.050(D) and reviewed and granted approval of the subject right-of-way vacation during its regularly scheduled meeting of April 28, 2025. The approval was granted by a unanimous vote. The approval is subject to the following conditions: 1. Consent by Kenai City Council. 2. Compliance with the requirements for preliminary plats per Chapter 20 of the KPB Code including a submittal to and approval by the Plat Committee. 3. Grant any utility easements requested by the Kenai City Council and utility providers. 4. Submittal of a final plat within a timeframe such that the plat can be recorded within one year of vacation consent (KPB 20.65.050(I)). The vacation is proposed to be finalized by the recording of plat Black Gold Estates 2025 Replat, KPB File 2025-048. Pursuant to KPB 20.65.070(F), an appeal of the planning commission decision must be filed in the superior court in accordance with the Alaska Rules of Appellate Procedure. For additional information please contact the Planning Department, 907-714-2200 (1-800-478-4441 toll free within the Kenai Peninsula Borough). Notice of decision sent by email to the following: • Andrew Hamilton, McLane Consulting – ahamilton@mclanecg.com Notice of decision sent by mail to: • Alexander Douthit 1104 Leeward Drive Kenai, AK 99611 Page 40 April 28, 2025 – 7:30 PM Action Agenda Betty J. Glick Assembly Chambers George A. Navarre Kenai Peninsula Borough Administration Building and Through Jeremy Brantley, Chair Sterling/Funny River Term Expires 2027 Pamela Gillham, Vice Chair Kalifornsky / Kasilof District Term Expires 2026 Virginia Morgan Cooper Landing / Hope Eastern Peninsula District Term Expires 2025 Diane Fikes City of Kenai Term Expires 2025 Paul Whitney City of Soldotna Term Expires 2027 Franco Venuti City of Homer Term Expires 2025 Karina England City of Seward Term Expires 2026 Jeffrey Epperheimer Nikiski District Term Expires 2026 Dawson Slaughter South Peninsula District Term Expires 2025 Remote participation will be available through Zoom, or other audio or video means, wherever technically feasible ZOOM MEETING DETAILS Zoom Meeting Link: https://us06web.zoom.us/j/9077142200 Zoom Toll Free Phone Numbers: 888-788-0099 or 877-853-5247 Zoom Meeting ID: 907 714 2200 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA AND CONSENT AGENDA (Action items listed with an asterisk (*) are considered to be routine and non-controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) ACTION ITEMS CURRENTLY ON CONSENT AGENDA: *3. Plats Granted Administrative Approval a. Adam-Shaw Subdivision; KPB File 2024-096 b. Clyde King Subdivision 2024 Addition; KPB File 2024-115 c. Iliamna Meadows 2024 Addition; KPB File 2024-087 d. Immanuel Subdivision No. 2; KPB File 2024-022 e. Michael J. Pelch Homestead JR; Addition No. 4; KPB File 2024-029 f. Mountain Park 2024; KPB File 2024-065 g. Princess Lake Estates Phase 6; KPB File 2018-042 4* Plats Granted Final Approval a. Highlands Subdivision Evans Replat: KPB File 2024-119 b. Valhalla Heights 2024 Addition; KPB File 2024-093 *6. Commissioner Excused Absences a. Jeffery Epperheimer, Nikiski District b. Vacant, City of Seward *7. Minutes a. April 14, 2025 Planning Commission Meeting Minutes Motion to approve the consent & regular agendas passed by unanimous vote (6-Yes, 2-Absent) Planning Commission KENAI PENINSULA Borough Page 41 D. UNFINISHED BUSINESS – None E. NEW BUSINESS Public Hearing: Quasi-Judicial Matters (Commission members may not receive or engage in ex-parte contact with the applicant, other parties interested in the application, or members of the public concerning the application or issues presented in the application) 1. Utility Easement Vacation; KPB File 2025-004V1 McLane Consulting Group / Cash Request: Vacates a 10’ by 30’ utility easement along the western boundary of Lot 1, Block 1, Kenaitze Estates Subdivision, Plat KN 75-123 Funny River Area / Funny River APC Motion to grant the vacation as petitioned based passed by unanimous vote (6-Yes, 2-Absent) 2. Utility Easement Vacation; KPB File 2025-048V McLane Consulting Group / Douthit Request: Vacates a 20’ wide utility easement centered on the southeasterly line of Lots 16 & 17 common to the northwesterly lines of Lots 11 & 12 of Black Gold Estates Subdivision, Plat KN1399 City of Kenai Motion to grant the vacation as petitioned based passed by unanimous vote (6-Yes, 2-Absent) Public Hearing: Legislative Matters 3. Right-Of-Way Vacation; KPB File 2025-048V1 McLane Consulting Group / Douthit Request: Vacates approximately 9360 square foot portion of an unnamed 60’ ROW adjacent to Lots 11 & 12 of Black Gold Estates Subdivision, Plat KN 1399 City of Kenai Motion to grant the vacation as petitioned based passed by unanimous vote (6-Yes, 2-Absent) 4. Right-Of-Way Vacation; KPB File 2025-047V McLane Consulting Group / Muller, Davis Request: Vacates a portion of Erlwein Road and associated utility easements adjacent to Lot 1, Block 2 & Lot 2, Block 2 of Birch Forest No. 2, Plat KN 2019-80 Sterling Area MOTION: Move to grant the vacation as petitioned based passed by unanimous vote (7-Yes) 5. Section Line Easement Vacation; KPB File 2025-046V Alaska Remote Imaging / TBA Properties LLC Request: Vacates the 100’ Section Line Easement with Tract B1 of Quartz Creek Subdivision Outfitter Way Replat, Plat SW 2024-19 Cooper Landing Area / Cooper Landing APC Motion to grant the vacation as petitioned based passed by unanimous vote (6-Yes, 2-Absent) Page 42 F. PLAT COMMITTEE REPORT – The plat committee will review 7 plat G. OTHER 1. PEU Material Site Appeals H. PRESENTATIONS/PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 MINUTES PER SPEAKER) I. DIRECTOR’S COMMENTS J. COMMISSIONER COMMENTS K. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, May 12, 2025 in the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2215 / Toll free within the Borough 1-800-478-4441, extension 2215 e-mail address: planning@kpb.us website: http://www.kpb.us/planning-dept/planning-home A party of record may file an appeal of a decision of the Planning Commission in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances. An appeal must be filed with the Borough Clerk within 15 days of the notice of decision, using the proper forms, and be accompanied by the filing and records preparation fees. Vacations of rights-of-way, public areas, or public easements outside city limits cannot be made without the consent of the borough assembly. Vacations within city limits cannot be made without the consent of the city council. The assembly or city council shall have 30 calendar days from the date of approval in which to veto the planning commission decision. If no veto is received within the specified period, it shall be considered that consent was given. A denial of a vacation is a final act for which the Kenai Peninsula Borough shall give no further consideration. Upon denial, no reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. Page 43 E. NEW BUSINESS 2. Utility Easement Vacation; KPB File 2025-048V McLane Consulting Group / Douthit Request: Vacates a 20’ wide utility easement centered on the southeasterly line of Lots 16 & 17 common to the northwesterly lines of Lots 11 & 12 of Black Gold Estates Subdivision, Plat KN1399 City of Kenai Page 44 E2-1 0 KENAI PENINSULA BOROUGH Planning 100 <::)<>.- ':vo~<v<>.-~ <:)«. vt-,~ ~ 200 Feet I 0 ~~q, -?~~ ' ' ' ' ' ' ' ' <::) <>.- 0 <::) ~o -:,..,v<::> ~ Vicinity Map ; ::r -it vi> 24 N 4/8/2025 A 19 t============~==B€> R1"G0&N=A¥e:=========,l======i 26 35 KPB File 2025-048V T 06N R 12W SEC 25 City of Kenai \.I' ~ ~ ~ ~ ~~<:'.> ,p 36 30 1 The information depicted hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borough assumes no responsibility for any errors on this map. Page 45 E2-2 0 I KENAI PENINSULA BOROUGH Planning l'"M .. Ml fHf~ .:.:.,~~ p .1~:..&.,' Aerial Map KPB File 2025-048V 4/8/2025 <:>~ o<> 0 The information depicted hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borough assumes no responsibility for any errors on this map. N A Page 46 KPB 2025-048V E2-3 {f1/4 t I f'OUND2·1/t' I ~~:;Jg'it ral ~I { NOTES ~MAN£NT STRUCTURl: SH,f,Ll 8£ CONSTRUCTeD OR PLACED WITHIN A UTILITYEASEMENTWHIC'-1 WQIJLD ,ITTERFERE WITH TH( An!UTYOF A UTILITY TO USETliEEA5EMENT. 2. DEI/ELOPMENT Jv'IVST M EET THE aw Of KENAI CHAPTER 14 ZONING CODE REQUIREMENTS. 3. ANY PERSON DEV[U)PING THE PflOPE~IS RESPONSIBLE FOR OSTI\ININl'.i All REQUIRED LOCAL, SfATE, ANO FEDERAL FE.ilM ITS. INCll:OING A U.S. MMV CORPS Of ENGINEERS W£TLAND om RMIN/\TION IF APPLICABLE 4. THIS PARCEL M"-Y BE AFFECTED SY THF FOLlOWING: 4.1. fHISSU8DNISION MAY BE AFFfCTEO 8YA AESERVfiTION Ot--EAStMENT RESl:RVEO 8V f>IJBUC LANO OR:i!:H: N<i.601 DATED /\UGUS"i JO, 1~1<J AND AMCNDfO 8V PUBL IC LAND 011:0~K No.757 DATEIJ OCT08£H. lC, 1959, ?UOLIC LAND OROtR No.16ll DATfD APRIL 7, 195$ mo DEPARTMENT oi; TH[IN'TERIOR ORO€R No.26650ATEO ocro1m11G, 1951,AM(~DMENT No,1 DATEDJUL'I' 17, 19S2 P,NDAMENDMENT No.2 DATED SEPTEMBER 15, 1956' fllfDll-f Tt-!E ~EDUALREGISTER. 4.l, AN ELECT Rt( EAS[M[NT GRANTED TO KEN,\I POWER CO~PORA.TION ON JUNE 3, 1958 IN MISC. OOOK 2, PAGE 31, KRD, LOCATI ON NOTOEHNEO. l'INO ASSIGNEDTOTHECnYOF KENAI DECEMBER )1, 1963 IN MISC. BOOK 11, Pil.GE 188, f:RD. 4.3. IIN fLE.CTRJC EASEMENTGRANTEOTO HO:YER ELECTRICA~OOATION ON DECEMBCR S, 1958 IN MISC. BOOK 2, PAGE 6", KRD, lOCATtoN NOT DeFINEO 4.4. COVENANTS, CONDITIONS Af\jQ RESTRICTIONS PER al.AC!( GOLD E$fATE!i SUBDtvlSION, AMENOUl K139'J . THE 80RDUGI-J W1·.1. NOT ENFDRCL PRIVATE. COV£11jANT'S, ~A.SCMENTS OR DffD IUSTRIC rtO~ PER KPB l0 .60.170. WASTEWATER DISJ>O\AL f'LANS FOR WASTIWAltR. l)ISPOSAI. TliAT MEET flt:GULATO RY F.EQUIREMHi:TSl'IREON FILE AT TttE DF.PARTMENT OF ENVIRONMENTAL CONSERVATION / ,,( A / ·, '- / LOT14 < '··. / '-BL0C~8 .~""' co J.. x,~\)'¼' # 1(1399 ' LOT15 '-,, < / '- / '-LOT 31 '-8LOC1t t "" U:l99 "'- '- '. V '-/ '-/ ''o. V '-t}f<"~ '"l, 'P > '- '-'- LOTl BlOCKi "'-KB~ '- '-'- / / / V ~ \~ GflA?:-11._: S..:Alt ~-=--.:: ;s:. / >P~ ., FOUNOl• / tRONPIPE n 24 1' ~1;;; ' ~ ~ VIGNITYMAP Sc~l,el" = 1 Mllc :20 i , _____ ;25 KF.NA I " s K{NAI 11.NEfl. a. J~ ~"" ,..,,o -9 ~ '°'" ;;, ~... -•,v ~ BlOCK8 / ¥¾~0 .., .. ...,-.., .. " ~ ~, XB99 , '- ·,, / !tC -ss9"S8·oo•-w~"-------- !IL §ii~ 1061.34' \ ~ t L£GEND E;B FOUND PHIMARY MONUMENT ASOESC.Rl6ED O FOUNDllrRaiAlfUNLESSNOTt:D " • 2?.Zl rouND 5/8"x30"' RtaAR w/ .~ STAINLESS STEEL CIIP 85'031.-S sa s;s~,t3o~ AEBAR w/ 1" STAINIESS SHHCAP8.XB1-S R/W +UTIUTY E.-.SEMEIHVACATE.D PER THIS PlAT CCRTIFICATE OF OWNERSH IP AND DEOl<ATION l HCREB\I CERTIFYTHATf l'IMTHE OWNER OF TIIE ~EAL PROPERTY SHOWN AND UESCRISf[.)HtRWN t.NO I Ht:R.EBV AOOPTTI-HSPlAN OF SUllOIVISION AND 8'( MY FREE CONSENT DffifCATE AU RIGHTS-OF-WAY ANO PUB UC AREAS TO FU9llC1JSE AND GRANT AllEASfMEITTS TOTI1E U~E SHOWN. ALEXANDER 001,rnrr 1104lEEWAR.D OR KENAI, AK99ij1 1 NOTARn ACKNOWLEDGEMENT FOR: ALFXANOER DOUTHIT A(t:NOWtEOGEO BEFOOC ME nus llAYOF ----~20~S MVCOMW,:~ON EXPIR[S ___ _ UOTARY PUBUCH)R THE STATE OF ALA!,KA I I # $26 . S2S ';.';'.',:0~•-11,· /_197S610-S ·-- /"',. ,(;J ~h-- / '\°>· ~ 'tt ,,; LC'f48 BLOCKS KN202.l-1 / •,;;,_~ '.J.937 AC • 'o;v-q,.,~ eJY / ✓; ', ME.VT ,-,<..'>' ~ , '-~~ .z~:.w:. -· '• , ti /~/ ~(' JJ 1 v '-, A, ;1 'o·,~. ~ . I}' • ~',;'¾, /1. ·1 ~" I ~ , ~ ,:,,,:_<0-1 ' ,J' I C/ .<, <o>::-,.❖ {! '.<j')-~/ / '". ·oa·ocrw ,,-'cil,.,-f-1' I ~ / 1-"' ,;i; /.I'"' ·219• f '.<" I , <I' ii, '· .~ ·~ ,1 ,~'>[ ~◊ ,11' G / '),Q •~,, Ai~'<:-"''£?'. ~' '- i 'a-'"'"°"1 k / <l~ .4•,11 •• #<, <l / ' / ////;/ &./. / / s / 0 • 0 / ... /4'' g" .~ / ...._v ·, ~ •. 1/ / #/ / / / / / / / / / / / / / / PLAT APPROVAL / / / / / / / / --"~~'-\,._ ,;;~·· .. ·~-. ,,.,.. fi·>i ~ t ::~!!!·······''."~ ~... ...... . ...... J \·i·~~~~~LT~~~ll ··~;, ...... •·t-.)f...-·,,\~~~:_~ Plat# 1 --~»-, °"' r,,~_N\ I BLACK GOl.D ESTATES 2025 R!:PLA.T A R~PLATOF LOTS 11, 12, 16, 17 & r,o FEE"! OF ~/W BLACKGOlO l:Sl"Al'ES SUBDIVISION (K1399) Al.CXANDER DOUllilT, OWNEII 1104 LEEWAAD 00 KENAl,AK99511 0.937 AC. M/L SITUATED IN THF SWl/4 Of SECTIO'i 25, TOWNSHIP G N{JflTH, fl:ANGE 12 WEST , ~[WARD M ERILJIAN, CITY OF KENAI, !<~N.Ail Pi;.NINSUlA i30~0UGH,.I\NO TI IE KENAI REC'-OROING DISTRICT, Al,F\SKA. CW.:INEf.Pi MJ .Tt:::!Lffi ~),IG. rAN'rlNO t.:"P O ~)LE N O . zo.:::>•)(XX THIS PLATWf,,.S APPROVE~ BY THI:. KENAI PEN INSULA BOkOUG rt PLANN ING COMMIS',ION AT Tl-IE" MEETJNC> ~ .,_... .. SOI ~,('~·r!:')t:9!!6'! V·:>K'E:1,!IQTl~M.:1e FM:(~1):;e:,.;,:,,.s W'f'M .1/CUJ<Er..¢.~I OF ,ZOZS. Atm-lORIW> OFFICIAL Page 47 Page 1 of 3 AGENDA ITEM E. NEW BUSINESS ITEM #2 - UTILITY EASEMENT ALTERATION Vacate a 20-foot wide utility easement centered on the southeasterly line of Lots 17 and 16 common to the northwesterly lines of Lots 12 and 11 KPB File No. 2025-048V Planning Committee Meeting: April 28, 2025 Applicant / Owner: Alexander Douthit of Kenai, Alaska Surveyor: Andrew Hamilton, McLane Consulting, Inc. General Location: City of Kenai STAFF REPORT Specific Request / Purpose as stated in the petition: Utility Vacation: a 20 foot wide utility easement centered on the southeasterly line of Lots 17 and 16 common to the northwesterly lines of lots 12 and 11. Proposed vacation is approximately 2745± square feet. Notification: Notice of vacation mailings were sent by regular mail to 22 owners of property within 300 feet. Notice of the proposed vacation was emailed to 6 agencies and interested parties. The public notice was post board at the KPB Administration Building. Staff Analysis: Black Gold Estates Subdivision, plat K-1335, granted a 10-foot-wide utility easement on the southeasterly boundary or Lots 16 and 17 and on the northwesterly boundary of Lots 11 and 12. The plat shows the easement location to be vacated on the common lot lines and upon approval, will be finalized by the proposed plat, Black Gold Estates 2025 Replat. A 10-foot-wide utility easement is being granted adjacent to Wildwood Drive right-of-way by the proposed plat. This easement will serve the proposed Lot. No comment or opposition was received for the requested location of the easement to be vacated from any utility company, indicating no utilities are in the easement. According to KPB GIS imagery, no encroachments appear to be located within the utility easement proposed for vacation. The City of Kenai Planning and Zoning Commission reviewed the easement vacation request and plat that will finalize the vacation, Black Gold Estates 2025 Replat, at their March 26, 2025 meeting and granted conditional approval. Resolution PZ2025-05 is included in the packet along with city packet and meeting minutes for review. Utility provider review: HEA No comments ENSTAR Approved as shown on submitted plat ACS No objections GCI No response Applicant Findings: 1. Lots 11, 12, 16, and 17 are all owned by Alexander Douthit and intends to consolidate into one larger lot. E2-4 ed on the Planning Department's bulletin Page 48 Page 2 of 3 right of way in the scenario the unnamed right of way is not vacated as proposed by the preliminary / final plat. 3. The utility easement is not in use by utility companies. 4. Adjacent utilities are primarily located within the Wildwood Drive right of way. Staff Findings: 1. ACS, ENSTAR and HEA provided written non-objection to the proposed vacation. 2. The City of Kenai granted conditional approval of the preliminary plat finalizing the utility easement vacation. 3. Black Gold Estates Subdivision, plat K-1335, granted a 10-foot-wide utility easement on the southeasterly boundary or Lots 16 and 17 and on the northwesterly boundary of Lots 11 and 12. 4. No surrounding properties will be denied utilities. STAFF RECOMMENDATIONS CORRECTIONS / EDITS Include Block 8 in the legal description be vacated on the drawing. RECOMMENDATION: Based on consideration of the merits as outlined by Staff comments and Staff findings, Staff recommends APPROVAL of the utility easement alteration as petitioned, subject to: 1. Grant any utility easements requested by the Kenai City Council and utility providers. 2. Finalizing the approval of the easement alteration by either; a. The recording of a subdivision plat within 12 months, compliant with the requirements of Chapter 20 of KPB Code or, b. The recording of a utility easement alteration resolution within 90 days of the adoption of the resolution by the Planning Commission, with the following requirements: i. An exhibit drawing showing, and dimensioning, the utility easement alteration area, prepared, signed and sealed by a licensed land surveyor. The exhibit drawing will be attached to, and recorded with, the resolution. ii. The applicants will provide the recording fee for the resolution and its attachment to the Planning Department. iii. The Planning Department is responsible for filing the Planning Commission resolution. 20.65.070 Alteration of platted utility easements E. A planning commission decision under this section is final. A notice of decision shall be sent to the petitioner. No reapplication or petition concerning the same alteration to platted utility easement may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. If the reasons for denial are resolved, the petitioner may submit a new petition for alteration of platted utility easement with documentation that the issues have been resolved, accompanied by a new fee. F. An appeal of the planning commission decision under this section must be filed in the superior court in accordance with the Alaska Rules of Appellate Procedure. The 2019 Kenai Peninsula Borough Comprehensive Plan adopted November, 2019 by Ordinance No. 2019-25. The relevant objectives are listed. E2-5 2. Plat will dedicate a 1 O' utility easement adjacent to Wildwood Drive, windflower drive, or the unnamed 60' Identify both 1 O' easements to Page 49 Page 3 of 3 Goal 3. Preserve and improve quality of life on the Kenai Peninsula Borough through increased access to local and regional facilities, activities, programs and services. - Focus Area: Energy and Utilities o Objective A - Encourage coordination or residential, commercial, and industrial development with extension of utilities and other infrastructure. isting easements (especially section line easements) in addition to establishing adequate utility rights of way or easements to serve existing and future utility needs. r contact with utility operators to coordinate and review utility easement requests that are part of subdivision plat approval. tial utility routes on Borough lands. - Housing o Objective D. Encourage efficient use of land, infrastructure and services outside incorporated cities by prioritizing future growth in the most suitable areas. incorporated cities within the borough, utility providers, other agencies overseeing local services, and existing communities located adjacent to the undeveloped areas that are appropriate for future growth, to align plans for future expansion of services to serve future residential development and manage growth. END OF STAFF REPORT E2-6 ■ Strategy 1. Near-Term: Maintain ex ■ Strategy 2. Near-Term: Maintain regula ■ Strategy 3. Near-Term: Identify poten ■ Strategy 1. Near-Term: Collaborate with the AK Department of Transportation, Page 50 E2-7 0 I KENAI PENINSULA BOROUGH Planning 250 I Aerial Map KPB File 2025-048V 4/8/2025 The information depicted hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borough assumes no responsibility for any errors on this map. 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J "I' '"'II,\, Ill' Jl'l'r ''" 11r l!"n llllffl , 't: I ·t·• \:(.',. 1, 1~i L1'"-11~!~1t f':i''1~t O ,,,;1 )· ,~i,I ¥ 1111""•1111 !IM11 In h11 •11rkljly Ill ' ~I I lilMU!, .,., 11•1 ituh ,ul,,111111~ IHI '1\,1 ., ...... nn ~ •. 1, ~ll mll .,.p .. r.nJ "'t~I ~l!~ .. ,. ~,. 'ffl.l\■\tlll!IJI lfll!flH r,_.•,L,,.,,, (I ftlll 11~)"111\('• 1•l' ol,I 1\1 ft -(., ~ltt ,.,_. . ..,,,,fJ \ .J f l• .. ''.'("'. 4-,U ., ~/ J\~:~ _r-1 u~ • ~~1"tllr11 Page 52 E2-9 ii i '- 0 8 N) j ~ \~. ~ z ~ (/ ) > " 0 ; CD :: ) (/ ) u i fj Page 53 E2-10 I .. i • -: j ) ·' . I •I I I I. I -... ---, ..... -· '. ' • ' . 4 .... r-_..,_L _ __j r1 ' • D' ,-J .. oJ ' -·1 • I ,. ii [ I . I l I f I i l r . I I i I i I I I --1 I I I f ~ • 1 ! ':: ' •' ~ : i .I I· 1· J. ; • • u ! • J : • • •: ,~•u~1;, H •I, rr ; " ,. .. .. ,, .. _·.. • ... , ..... .., ;.I, W l• ..,, f .. ....r", , r f 1-r+-+-L-l.._Jrf1 c1 • •• ,. ___ ;;..:,~ • _; . ' .. '' I -t-+---l---\ l -f.,"f!.~;;~f'-:::3: ; 4" ~~::::-1----~~-.l/-L~~---~7'__::!...l;::,!_:--'--'<L:#di~·: L.,J... .. I •• ~ ., IL,,::.._:__j I .. __ :· d.&_~$r' _ o p -----~ 12 ---¥----•.E::7. f ·:.·. ,_ '""~·· , ··--_ , --f':7 ' I ~ i · -· -,,;;~.-,,-.clc_i -~---::-' -' :~ '· :. \ I . :s.-::-.z '":::;';:·; ;,:.,; ::.z .. m ·,,; ~··.::· .. -~·-,. '-:~· ~f~ i• • •• ~t~' 1 .•. I . l . ' ..... ,. •~t,~'l.":"' ... ~ .... 1.:-.... "'. \ • ., ..... ·---•• ~ -~--~·--=. ""'~ -~-.i:--:· -~~ ~-:.~~> .. ,, f ... ,,; ' . ,1 .• • -. -> ,. Page 54 E2-11 STAFF REPORT PLANNING & ZONING DEPARTMENT Ki;NAI TO: Planning and Zon ing Commission THROUGH : Kevin Buettner, Planning Director FROM: Brandon McElrea , Plann ing Technician DATE: March 19, 2025 SUBJECT: Resolution No. PZ2025-05 -Preliminary Plat -Black Gold Estates 2025 Replat Request The applicant is propos ing a prel iminary plat to merge Lots 11, 12 , 16 , 17 and 60 feet of Right-of-Way in Black Gold Estates Subdivision. Staff Adopt Resolution No . PZ2025-05 recommending conditional approval Recommendation of Preliminary Plat -Black Gold Estates 2025 Replat merging Lots 11 , 12, 16 , 17 and 60 feet of Right-of-Way into a single Lot. Applicant: Mclane Consulting Attn: Andrew Hamilton P.O. Box 468 Soldotna, AK 99669 Property Owner: Alex Douthit Legal Descriptions : Lots 11 , 12, 16 , 17 & 60 Feet of Right-of-Way Property Addresses : 2705 & 2707 Windflower Drive KPB Parcel Nos.: Zoning District: Land Use Plan : Surrounding Uses : SUMMARY 2712 & 2714 Wildwood Dr ive 03904007,03904008, 03904011 ,03904012 Suburban Res idential (RS) Suburban Res idential (SR) General Commercial , Suburban Residential A preliminary plat has been submitted from Mclane Consulting on behalf of Alex Douthit for a replat of Lots 11, 12 , 16, 17 and 60' of unnamed Right-of-Way (ROW) in the Black Gold Estates Subdivision to create one Lot. The subject lots are located between Wildwood Drive and Page 55 E2-12 Windflower Drive near the intersection of the Kenai Spur Highway and Wildwood Drive . The subject lots as well as the unnamed Right-of-Way are unimproved . If approved, the merging of the four (4) su bject Lots and the vacat ion and subsequent merging of the unnamed ROW will result in a single approximately 0.937-acre parcel. Kenai Mun icipal Code (KMC) Chapter 14 .10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City fo r review and provide recommendation to the Kenai Peninsula Borough Planning Commission. ANALYSIS The proposed parcel merger meets the preliminary plat requ irements and development requirements for the Suburban Residential (RS) zoning district. The merged parcel will have primary access off of Wildwood Drive , which is a City maintained paved road . City sewer and water are available along Wildwood Drive . The Public Works Director, Fire Marshal , and Build ing Official have rev iewed the preliminary replat and have no comments . Right of way along Wildwood Drive has been previously been contested . The City of Kenai is working with Kenai Native Associat ion and State of Alaska to address any and all potential ownership issues . This process is ongoing, and pending the results of those discussions, the City of Kenai has not reached a final decision on the vacation of the unnamed 60' ROW . The City is currently awaiting documentation from the Kenai Nat ive Association that would allow City Council to determine there is no public benefit to retaining the unnamed 60' ROW . The City does not object to the merger of the four parcels, Lots 11, 12 , 16, & 17, and does not wish to stymie potential development along this corridor. Staff finds that the preliminary plat for a replat of Lots 11, 12, 16, 17 & 60 ' of unnamed ROW meets the follow ing Title 14 of Kenai Municipal Code (KMC) sections and aligns with the intent of the Kenai Zoning Code . 1. Pursuant to KMC 14.10.070 Subdivision Design St andards, the preliminary plat for replat, su bject to the listed conditions , prov ides utilities/access easements, provides a satisfactory and desirable building site , and the accessible wate r and wastewater systems are subject to the regulatory requirements of the City of Kena i Public Works Department. 2 . Pursuant to KMC 14.10.080 Minimum improvement required, the preliminary plat is a replat of four lots w ithin a subdiv ision that has dedicated rights-of-way and determined acceptable access , subject to the listed conditions . Therefore, an installation agreement is not required. 3. Pursuant to KMC 14 .24 .010 Minimum l ot area requ irements, the preliminary plat meets City standards for minimum lot size in the RS zoning district of 7,200 square feet (0 .165 acre), the resulting lot sizes of this subdivision will be approximately 0 .937-acre . 4. Pursuant to KMC 14 .24 .020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements . Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review . Resolution No. PZ2025-05 Preliminary Plat Black Gold Estates 2025 Replat Page 56 E2-13 STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Black Gold Estates 2025 Replat to replat Lots 11, 12, 16 , 17 and 60 feet of unnamed ROW meets the general standards of Kenai Municipal Code (KMC), Chapter 14 .10 Subdivision Regulations and Chapter 14 .24 Development Requirements Table and hereby recommends that the Planning and Zoning Commission recommends conditional approval of Resolution No. PZ2025-05 for a replat of Lots 11, 12 , 16, 17 and 60 feet of unnamed ROW to Kenai Peninsula Borough , subject to the following conditions : 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. 2 . The Kenai City Council must declare the unnamed sixty-foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. ATTACHMENTS Aerial Map Application Preliminary Plat , Black Gold Estates 2025 Replat Resolution No. PZ2025-05 Preliminary Plat Black Gold Estates 2025 Replat Page 57 E2-14 • Black Gold Estates 4224 KENAl'SPUR HWY - 0 150 300 ft NOTE: Every reasonable effort has been made to ensure the accuracy of these data. However, by accepting this material, you agree that the Kenai Peninsula Borough assumes no liability of any kind arising from the use of this data. The data are provided without warranty of any kind, either expressed or implied, including but not limited to time, money or goodwill arising from the use, operation or modification of the data. In using these data, you further agree to indemnify, defend, and hold harmless Kenai Peninsula Borough for any and all liability of any nature arising from the lack of accuracy or correctness of the data, or use of the data. Legend Physical Addresses Transportation Mileposts • Roads -Medium Collector Medium Volume - Unmaintained Medium Volume - Maintained = Low/ Seasonal Legal Trail Private =State Hwy Platted / Proposed Parcels and PLSS Parcels 9" Imagery ■ Red: Red ■ Green: Green ■ Blue: Blue ■ Red: Red ■ Green: Green ■ Blue: Blue 3/19/2025 11 :24:16 AM Page 58 E2-15 Preliminary Plat Submittal Form Clty of Kenai Fla11r.1ng and Zon111!1 Depar.menl 210 Flclatgo Avenue Kenai. AK 9961 I (Q 7) 283-B200 p a11niflg@kenal.t1ty www :kena!.citylp!Ann,no state: AK Zip Code : 99669 State : AK Zip Code: 99611 Cutrent City Zoning: Suburban Resident ial Use : ■ Residential 0 Recreational D Commercial 0 Other: Water: 0 On Site City □Communi ty Sewer: □ On Site City □Community _ -~•~LAT INFORMATION Preliminary Plat Name : Black Gokl Estates 2025 Replal Revised Prelimlnary Plat Name: Vacation of Pllblic Right-of-Way: Yes □No SlraetName (if vacating ROW): Ullrnlmed 60' street per K1399 Exceptions Required and Requested : Comments : This is a plat that intends to vacate the 60' street adjacent to Wildwood Drive, the common lot lines between Lots 11, 12, 16 & 17, and the associated utility easement with those common lot lines. Wildwood Drive is a 120' ri ght of way that Is constructed and utilized for ingress/egress of traffic. Signature: P rint Name: Page 59 E2-16 McLANE CONSUL TING, INC. P.O. Box 468 Soldotna, Alaska 99669 (907) 283-4218 fax (907) 283-3265 DATE: JANUARY 28, 2025 JOB# To: City of Kenai RE: Black Gold Estates 2025 Re p lat Planning and Zoning De partment 210 Fidal go Avenue Kenai, Alaska 99611 We are sending you: ~ Attached Copies Description KBP File 2025-XXX PRELIMINARY PLAT From: Andrew Hamilton □ Under separate Cover Via: Delivered 1 Blackline Prelim. Plat full size 2 Prelim Plat 11x17" size 1 Certificate to Plat 1 Cit\' of Kenai/KPB Owner Submittal Forms Reason for Transmittal Checked Below: 252006 D FoR APPROVAL D As REQUE:STEo 0 APPROVED AS SUBMITTED D REVIEW/COMMENT ~ FOR YOUR USE O APPROVED AS NOTED 0 RETURNED FOR CORRECTIONS Remarks: Copy to: _F_il_e _________________ Signed: Andrew Hamilton Page 60 E2-17 Fu-stAmerican_ Title"" Subdivision Guarantee ISStJed by First American Title Insurance Company GUARANTEE NUMBER Guarantee 5033602-0229-4229879 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDmONS ANO STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the llabllity stated In Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Scliledule A. FIRST AMERICAN TITLE INSURANCE COMPANY By: Kenn~th O. DeGlorg fo 1 President By: Lisa W. Comehl, Secretmy This jacket was created electronically and constitutes an original document First American Title Insurance Company Steven Taylor on behalf of Dustyn Fergus, Title Officer Form 5033602 (4-10-18) Page 1 of 8 Page 14 CLTA 14 Subdivision Guarantee (4-10-75 Alas Page 61 E2-18 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse dalms or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not the matters exduded under (1) or (2) are shown by the records of the taxing authority or by the public remrds. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, daims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or Improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b} Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which Is within the scope and purpose of the assurances provided . (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND mPULATIONS 1. Def"mition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured In this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to In Schedule (A)(C) or In Part 2, and Improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed ci trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property tu purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writlng in case knowledge shall come to an Assured hereunder of any claim of title or Interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of any Assured unless the company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The company shall have no duty to defend or proserute any action or proceeding to which the Assured Is a party, notwithstanding the nature of any allegation in such action or proceeding. Form 5033602 (4-10-18) Page 2 of 8 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Clalmant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to instltute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which ln its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee . If the Company shall exercise its rights under this paragraph, it shall do so diligently. {b) If the Company elects to exercise its options as stated In Paragraph 4{a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor wlii the Company pay any fees, costs or expenses Incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and pennit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all CLTA 14 Subdivision Guarantee (4-10-75 Alas Page 15 Page 62 E2-19 GUARANTEE CONDmONS AND STIPULATIONS (Continued) reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which In the opinion of the Company may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured. If the Company · is prejudiced by the failure of the Assured to fumish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Cond itions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days alter the Assured shall ascertain the facts glving rJse to the loss or damage. The proof of loss or .damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall tennlnate. In addition, the Assured may reaso.nably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant Its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All Information designated as confidential by the Assured provided to the company pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it is necessary in the administration of the daim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permissiOn to secure reasonably necessary informatiOn from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the Form 5033602 (4-10-18) Page 3 of 8 indebtedness secured by said mortgage or said Hen for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of daim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for ln Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall tenninate, lnduding any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for ·cancellation. (b) To Pay or Otherwise Settle With Parties other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or In the name of an Assured daimant any daim assured against under this Guarantee, together with any costs, attorneys' fees and expenses Incurred by the Assured daimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the dalmed loss or damage, other than to make the payment required In that paragraph, shall terminate, including any obligation to continue the defense or prosectlon of any litigation for which the Company has exercised its options under Paragraph 4, 7. Determination and Extent of Llabntty. This Guarantee Is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of llabillty stated In Schedule A or In Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or ( c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured aga inst by this Guarantee in a reasonably diligent manr:ier by Page 16 CLTA 14 Subdivision Guarantee (4-10-75 Al Page 63 E2-20 GUARANTEE CONDMONS AND mPULATIONS (Continued) any method, induding litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured In settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pu~uant to Paragraph 4 shall reduce the amount of liabllity pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When lfabllity and the extent of loss or damage has been definitely fixed In accordance with these Conditions and stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest In the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had thiS Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation Involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. Form 5033602 { 4-10--18) Page 4 of a 12, Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Trtle Association. Arbitrable matters may include, but are not limited to, any controve~ or daim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with lts issuance or the breach of a Guarantee proVision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the optlon of either the Company or the Assured. All arbltrable matters when the amount of liability Is In excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured . The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may indude attorneys' fees only if the laws of the state in which the land Is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obt.alned from the company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In Interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made el<cept by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assist.ant secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the company and any statement In writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, callfomla 92707 Clajms,NIC®flrst;am,cqm Phone: 888-632· 1642 Fax: sn-B04--7&06 CLTA 14 Subdivision Guaran tee (4 -1 0-75 Al Page 17 Page 64 E2-21 Subdivision Guarantee Fust American Title.,.. ISSUED BY First American Title Insurance Company Schedule A Order No.: 4229879 Name of Assured: Mclane Consulting Inc Date of Guarantee: December 23, 2024 GUARANTEE NUMBER 4229879 liability: $300.00 Toe assurances referred to on the face page hereof are: 1. T1tle iS vested In : Fee: $300.00 Tax: $N/A Alexander Douthit, as to Lots 11, 12 and 16 of Block 8 and Alex Douthit, a married man, as to Lot 17 of Block 8 2. That, acoording to the Public Records relative to the land described In Schedule C attached hereto (lndudlng those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Reoord Matters in Sdiedule B. 3. Toe following matters are excluded from the coverage of this Guarantee: A. Unpatentecl Mining Oaims, reservations or exceptions in patents or in acts authorizi ng the issuance thereof. B. Water rights, cla ims or title to water. C. Tax Deeds to the State of Alaska. D. Documents pertaining to mineral estates. 4. No guarantee Is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee Is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of A.S. Section 38.04.045 and A.S. Chapter 40.15., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for dosing any b'ansaction affecting title to said property. 6. Any sketch attached hereto Is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished soleJy for the purpose of assisting In locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. orm 5033602 (4-10-18) Pages of 8 Page 18 CLTA 14 SubdMslon Guarantee (4-10 ·75 Alas Page 65 E2-22 Subdivision Guarantee FirstAmerican. Title.,.. rssueo BY First American Title Insurance Company GUARANTEE NUMBER Schedule B 4229879 File No.: 0229-4229879 RECORD MAUER$ 7. Reservations or exceptions in patents or In acts authorizing the issuance thereof. B. Taxes and/or Assessments due The Kenai Peninsula Borough for the year 202-1 1 (Property Tax Division 907-71+2304; AssesSment Department 907-714-2230): Tax Account No .: Levied Amount: Balance Due: Due Date: Land Valuation: Improvements: Affects: 03 9 -040-07 $93.54 $0.00 1st half 5eptember 15th and 2nd half November 15th m entire Amount due October 15th $10,800.00 $0.00 Lot 11 of Block 8 9. Taxes and/or Assessments due The Kena i Peninsula Borough for the year 2024, (Property Tax DiVlsion 907-71+2304; Assessment Department 907-714-2230): Tax Account No.: Levied Amount: Balance Due: Due Date: Land Valuation: Improvements: Affects: 039-040-08 $93.54 $0.00 1st half September 15th and 2nd half November 15th m entlre Amount due October 15th $10,800.00 $0.00 Lot 12 of Block 8 10. Taxes and/or Assessments due Toe Kena i Pen insula Borough for the year 2024, (Property Tax DiV1slon 907-714-2304; Assessment Department 907 ·714-2230): Tax Account No.: Levied Amount: Balance Due : Due Date: Land Valuation: Improvements: Affects: rm 5033602 (4--10-18) age 6 of8 039-040·1 l $24.26 $0.00 1st half September 15th and 2nd half November 15th or entire Amount due October 15th $2,800.00 $0.00 Lot 16 of Block 8 Page 19 Cl TA 14 Subdivision Guarantee ( 4--10-7S Alas Page 66 E2-23 11. Taxes and/or Assessments due The Kenai Peninsula Borough for the year 202 4, (Property Tax Division 907 ~714·2304; Assessmen t Department 907·714-2230): Tax Account No.: Levied Amoont: Balance Due: 39 40·12 $0.00 $0.00 Due Date: 1st half September 15th and 2nd half November 15th m:: entire Amount due October 15th Land Valuation: $2,800 .00 Improvements: $0.00 NOTE : Possible liability for additional general taxes for the current and/or prior years in the event the exemption applied is not applicable to the present ownership of said premises . Affects: Lot 17 of Block 8 12. Assessments, if any due The City of Kenai. (Information to follow) 13. Reservation of an easement for highway purposes as disclosed by Public Land Order No. 601, dated August 10, 1949 and amended by Public Land Order No. 757, dated October 10, 1959; Public Land Order No. 1613, dat ed April 7, 1958; and Department of the I nterior Order No. 2665, dated October 16, 1951, Amendment No. 1, thereto, dated July 17, 1952 and Amendment No. 2, thereto, dated September 15, 1956, filed in the Federal Register. 14. Right of Way Easement, indud ing the terms and provisions thereof, granted to Kenai Powe r Corporation, and its assigns and/or successors in i nterest, to construct, operate and maintain an electric transm ission and/or telephone distribution line or system by Instrument, Recorded : June 1, 1958 Recording Information: Book 2 age 31 Affects: Blanket Easement Easement rights were assi gned to t he Oty of Kenai by an assignment, Reoorded: December 31, 1963 Recording Information : Book 11 Pa e 188 15. Right of Way Easement, induding the terms and provisions thereof, granted t o Homer Electric Association, Inc., and its assigns and/or successors in interest, to construct, operate and maintain an electric transmission and/or telephone distribution line or system by instrument Recorded : December 5, 1958 Recording Information : Boo_k 2 Page 64 Affects: Blanket Easement 16. Easements as dedicated and shown on the plat of sa id subdivision. (Copy Attached) 17. Toe effect of the notes which appear on the plat of said subdivision. (Copy Attached) 18. Covenants, conditions and restrictions, as shown on the Plat of said subd ivision. NOTE: We find no outstanding voluntary liens of record affecting subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give tise to any security interest in the subject property. Form 5033602 (4-10-18) Page 7of 8 Page 20 CLTA 14 Subdivision Guarantee (4-10-75 Al Page 67 E2-24 Subdivision Guarantee Fust American nt1,l" ISSU ED BY First American Title Insurance Company Schedule C GUARANTEE NU MBE R 4229879 Fil e No.: 0229-4229879 The land In the Recording District of Kenai, State of Alaska, desaibed as follows: Lots 11, 12, 16 and 17 Block 8, BLACK GOLD ESTATES SUBDIVlSTON, AMENDED, according to the official plat thereof1 filed under Plat Number ~ 1399, Records of the Kena i Recording District, Third Judicial District, State of Alaska. orm 5033602 (4-10-18) age 8 of8 Page 2 1 CLTA 14 Subd ivision Guarantee (4-10-7 Ala Page 68 E2-25 $11• / I roUN0 2-112" l~gC:,.' ~ j:<1 ~I~ I I ::i ~I + I NOTES 1. ~MANENTSlRUCTURE SHAU BE COJrCSTRUCTlD OR PlACD) WITHIN A UTI LITY EASOt.OffW,.CH WOULD 1Nlf:RF£RE WITH THE AB-IUTY OF A UT!LITY TO USE THE EASEMENT. 2. DM LOPl,,,lfNT W.UST ME£TTH£ CllYOJ KENAI ffiAPTEA 14 ZONING CQOE RfOVJIUMENTS. l . AHV PrRSON OCVE!.OPtNG TI£ ?~OPERTYtSRESPONSIBLE FOROilT...i NJNG AU. REQUII\EO LOCAL. STATE, AND FEDERAL PERMITS, INQ.UDI NG AV.S. ARMY CORPS OF ENGINEERS WITl.AND om n..•tcATION I F APPUCABLE. 4. nus PARCIL MAYSE Am:crt:Dfffii4: FOllOWING: 4.1. THIS SUBOIVISIUN MAY In A.-t-tcrroev t\ RESUtvATION OffASf.M!NT RfS(RVFD BY PU6llC LANO ORO£R NoI,01 OAT£0 AUGUST 10, 1949 AND AtJIE.NDED 6Y PU8UC Ul,IO OftOER ~o.757 DATED O(lQBl:K 10. 1~s,. PU8UCI..AHO OftOC:R No.1613 DATEDA?,U. 7, 19S1 ANDOEPAATMCNTOF THE INTERIOlt OR0£R No.26GS 0 ,U[D OCTO&ER 16, 19i1, AMENDMENT No.l DATEO.IUl'!' 17, 1~2ANDAI\IIENOMENTNo.2 DAUO SEPTEMBER 15, l95(i F1UD IN THC FEDERAL RCGISTER. 4.2. NlELECTRIC EAS™MGRANTEOTO KENAI POV/Ell CORPORATION Ct.I JUNE"· 19SI IN Mrsc. BOO)( 2, PAGE.11, 1(,.0, LOCATION NOTOEU·a::o. ANO ASSK;NEO TO THE cm OF KE,'W DECEMB£R 31, 1963 IN MISC. 800K 11, PAGE l H, KRO. U . AN ElECTJ:IC £ASCMENTGAANTEOTO HOlrlER (lECTIIIC A.SSOCIATION ON DECEMSEH 5, 19S!IN MISC. tlOOK 2. l'AGE 164, ICftO, LOCATION NOT DrRNID. WASTEWATER DISPOSAL Pl.ANS FOi\ WASTEWATER OtSPOS.t.l THAT MEET RlGUV.TOAYRCQUIREMENTS M EON FILfATnlE DEPARTMENT Of ENI/IFIONMfNTALCONSERVATION. /<" / " < LOTll '-._ '-._ '-. 8LOC.:7 " '-. .,,,. V " / A '- / " " / ~ G~ICSCAl£ i=i...i 1 ,0,. soil 23 , .. TSN 26 , .. , SU60. " ,. 19 ' ' :20 -:'.;-, -~ r t-· ..... ~5 __ Uf'f'Ufll.!n ,fn!.) --·-·29 ; •. : i JO ~'\ ""' JI 1 313 S E VICIN llY MAP Scalet•= t ~•l!e K(NAI Jl -' KENAl&\IVER 4.4. COVENANTS, CONOITlONS t-.ND RESTIUCTIONS PEIi Bl.ACK GOlD ESTATES SUBOIVISION, AlrlfNDto K1J99. THE BOROUGH Will NOT tNFORCt PRtW,Tt: COIJENAWTS, £1\SEMENTS 0A: DEED RESTRSCTIONS PER KPI 20.60.170. ' ✓ .1, " / '-"c,_ V ~' / '-._ {--~ '-._ K1"9 J:I) ''-'""' " ~.q,~ " / '/ FOUOK>2' / '-._ BLOCK 8 " '-/ / IRON PIPE / '-._ KU99 > '-../ " " '-./ ;,. I I ::s l' <J< ~ ,, ----" -w ., ....... ~'---cl ~-•1l """ ---------,, £ ' ----------,,, ,,., ----- ,orn '-. / '-V / IILOCK8 '-/ '-/ '1399 y ' ~ " / ~ ff / 'o~ LOT11-A ·;:,,..,:, ~" l0Tl3 ) ~ ~, 6LOCK8 " ' ~-BLOCKS / t: "-)j,~q 0.9,l AC I '<¥".ii,. ,,.,.. / A /.JP,~• / \ / -~- \ //-"1i1,. t LEGEND $ FOU~O l'l'IIMAHV ,.-:0,:UMtN r AS tJtSOl!l:IW 0 FOUND 112• REBAR UNLIS.S NOTIEO O FOUND s;r..io· R[BARw/ l"STAINLBS STEELCAP85032-S • S!T 5/tf'x"JCr REBAR w/ J• STAl:-1..ESS STEEL CAJ> 850U·S ~ H/W • UTILITY EASl:MENfVACAU:DP~II IHISPlAT. CTRTIFICATE OF OWNERSHIP AND DEDICATION I HER:EDY aRTIFY THAT I AM TI it CINNEA Of TII[ RCAL PROPrnTY SHOWN AND DESCPJSEO HEREON AND I ~EREBV ADOPT THIS PlAN OF SUBDIVISION AND 8Y MYFRE'f: CONSENT' O~OlCATEALL IUGHTS-Of-WAY A.r-10 PUBUC ARtAS TOPU8UC USE ANO GRANT AU EASEMENT'S TO THE USE SHOWN. ALEXA HOER DOUTHIT 1104LE'EWARDOR Kr:N.Ll,AK9961 1 NOTARY'lACKNOWLEDGEME/\'T FOR: At..EXANDEft DOUTHIT ACKNOWLroGEO B[FORE ME nm DAY OF 2025 MYCOW.MISsiON UU'l!US : ___ _ NOTARY PVBLIC rc R TIU STATE Of AI.ASKA I I -..¥ "' · "' :."J.'~3-1/4" 1919610-5 -- 'o' / -~ LOT48 BLOCK I !CN2022-l m rTY fASfMEHT / ~ / ✓~ '-,,_ ~ ·<;. ,-<yV 2f~~ ' ' v'~";',';.PfATH ISPlAT ,pt'? / 1/ i} / 1 ":o.. ✓-~ / ~/ / , ~~<o, .t1 ,.P 'l,.j / / / ~o;;-,:¾ f ~ ,~. ~ .. 'o,,--;_~ {I~;~, ,J; / / fl.«-", I r, / .:,'.. / 'tt'l.-':I ~. / f; ,..,., ~<-{' / ~ / .l};irll ~ i 'l~l'f,,~~·' ,I-;:/ ""~.:: // '-r.~'i,~ " ~-/ .,.oo / 4,-. <1" / u,,;, / ," / / ' / / . ..,_ / / / / / / // . .,~-/ // / / / PlA T APPROVAL THIS Pl.Al WAS APPROYCO 8Y Tl1E KE:NAI PENINS'Jl.A 8 0ROUGH PlANt:IHG COMMlSSfON AT THE MUTING O F ,202~. --c?'~"'' ;.;~ •• ··"'8:9''1~ ,:ft;~· .£:~ ... §•.-·49lli ~ ·.• !\::::::::::::::::::::::! ".ANOREWWMLTON: J. l.'\;•. LS-211219 __ .p.11 ''l '"~···········-s"::#" ,,,~~~ Plat# 1-----.,_ SlACK GOLD 5TATE5 7.0;,5 REPlAT AREPLAT OF LOTS ll.12 , 16, 17 & 60 FEETOfR/W BlACKGOUl FSTATESSUQDMSION !ICl]gg} At.UANO£R DOUTHIT. OWNER 1104 LEEW41H> 011. IC£NAl,All'.99Gl1 0.9J7 AC. M/l SITUATED IN THE SW1/4 OF SCCT'ION 25, TOWNSHIP G NORTH II.ANG!.:. 1l W !:.ST, St.WARD Ml:.~IOIAN, O !Y 0~ l:.tNAI, KENAI Pt Nl:61.JlA BOROUGH,ANOTN[ 11'.ENAI A£COROtNG OISTRICT,AL.ASICA. ~~~~ ~I.Daf~M -~-------~ Votea:{ill:1}7n-u ,, FAll,tl01}211:H215 ~ ... --~C~C<l"' -------------t •c•~t: ,••,rt AIJTHORIZEO OFRCIAl Page 69 Planning & Zoning Commission Meeting Page 2 of 4 March 26, 2025 B. APPROVAL OF MINUTES 1. *Regular Meeting of March 12, 2025 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution No. PZ2025-05 – Recommending Conditional Approval of Preliminary Plat – Black Gold Estates 2025 Replat Merging Lots 11, 12, 16, 17 and 60 feet of Right-of-Way into a Single Lot in the Suburban Residential (RS) Zoning District. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-05. Commissioner Pettey SECONDED the motion. Planning Director Buettner noted that a substitute staff report was provided in the laydown, provided an overview of the staff report, and explained the purpose of the plat was to merge four parcels and 60 feet of unnamed Right-of-Way (ROW) into one lot. It was noted that staff’s recommendation is approval subject to the conditions specified within the staff report as attached to Resolution No. PZ2025-05. Alex Douthit, applicant, provided background regarding the plat and vacation of the portion of ROW. He explained and that the lot would be more suitable for development once merged. There was Commission discussion regarding the background of the unnamed ROW. Clarification was provided that this ROW was not involved in a dispute between the Kenai Native Association and the City of Kenai, and that a Conditional Use Permit is not needed for the proposed uses. VOTE: YEA: Twait, Woodard, Earsley, Pettey, Krause, Halstead NAY: None ABSENT: Fikes MOTION PASSED WITHOUT OBJECTION. 2. PZ2025-15 - Recommending Approval of Preliminary Plat – Bailey Estates Karpik Rice Replat to Relocate the Lot Line Separating Lots 1 and 2, Bailey Estates Amended in the Suburban Residential 2 (RS-2) Zoning District. MOTION: Vice Chair Twait MOVED to approve Resolution PZ2025-15. Commissioner Woodard SECONDED the motion. Planning Director Buettner provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2025-15, and explained the purpose of the plat was to adjust the lot lines between two lots, to allow a shop building to meet setback requirements. It was noted that staff’s recommendation is approval subject to the condition specified within the staff report as attached to Resolution No. PZ2025- 15. VOTE: YEA: Earsley, Pettey, Woodard, Twait, Halstead, Krause NAY: None ABSENT: Fikes MOTION PASSED WITHOUT OBJECTION. E2-26 Page 70 SENT VIA ELECTRONIC MAIL March 27, 2025 McLane Consulting PO Box 468 Soldotna, AK 99669 ahamilton@mclanecg.com RE: Notice of Recommendation - Resolution PZ2025-05 – Preliminary Plat – Black Gold Estates 2025 Replat Dear McLane Consulting: On Wednesday, March 26, 2025, the City of Kenai Planning and Zoning Commission recommended conditional approval of Resolution PZ2025-05 for Preliminary Plat Black Gold Estates 2025 Replat. An installation agreement is not required. Enclosed is a copy of the resolution. If you have any questions, please contact Planning & Zoning Department at 907-283-8237 or planning@kenai.city. Sincerely, Beth McDonald Planning Administration Enclosure cc: Beverly Carpenter, KPB Planing Department (bcarpenter@kpb.us) E2-27 CiLy ot Kenai J 210 l=idalgo Ave , Kenai , AK 99611 -7794 J 907.283.7535 I www.kenai.ci ty Page 71 E2-28 K~NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-05 A RESOLUTION RECOMMENDING THAT PRELIMINARY PLAT FOR THE BLACK GOLD ESTATES 2025 REPLAT ATTACHED HERETO BE CONDITIONALLY APPROVED. PROPERTY ADDRESSES: 2712 & 2714 Wildwood Dr., 2505 & 2507 Windflower Dr. LEGAL DESCRIPTIONS: Lots 11,12, 16, 17, Block 8, Black Gold Estates Subdivision Amended KPB PARCEL NUMBERS: 03904007, 03904008, 03904011, 03904012 WHEREAS, the City of Kenai received a preliminary plat from Mclane Consulting, on behalf of the property owner, Alexander Douthit for a replat of Lots 11, 12, 16, 17, Block 8, Black Gold Estates Subdivision Amended; and, WHEREAS, the preliminary plat meets the minimum lot width and minimum lot depth requirements as outlined in Kenai Municipal Code (KMC) Section 14.10.070(d)(2); and, WHEREAS, the existing street names are referenced correctly; and, WHEREAS, the proposed lots have access from Wildwood Drive (a City-maintained paved road) and Windflower Drive (a city-designated right of way and undeveloped road); and, WHEREAS, A 10-foot easement for utilities is granted along the southeast boundary of current Lots 11 & 12 adjacent to the existing 120-foot Wildwood Drive right-of-way; and, WHEREAS, the owner is requesting a vacation of a 10-foot utility easement between the southeast boundary of current Lots 16 & 17 and the northwest boundary of current Lots 11 & 12; and WHEREAS, the owner is requesting a vacation of a 60-foot by 156-foot public right of way along the southeastern boundary of the new lot; and, WHEREAS, the City does not have a public interest in retaining the 60-foot by 156-foot public right of way; and, WHEREAS, City water and sewer lines are available to the lot; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission finds: Page 72 E2-29 Resolution No. PZ2025-05 Page 2 of 2 1. Pursuant to KMC 14.10.070 Subdivision Design Standards, the preliminary plat for replat, subject to the listed conditions, provides utilities/access easements, provides satisfactory and desirable building sites, and the on-site water and sewer systems will be subject to the regulatory requirements of the Public Works Department; and, 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the RS zoning district of 7,200 square feet, the proposed lot is approximately 40,816 square feet (0.937 acre). 3. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width/depth and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI I ALASKA: Section 1. That preliminary plat Black Gold Estates 2025 Replat be approved subject to the following conditions, 1. Further development of the property will conform to all federal, State of Alaska, and local regulations. 2. The Kenai City Council must declare the unnamed sixty-foot right-of-way not needed for a public purpose and approve the vacation of the right-of-way as shown on the preliminary plat. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26 th DAY OF FEBRUARY, 2025. ~ ,;_ .).~ALSTEAD, CHAIRPERSON ATTEST: Page 73 144 North Binkley Street, Soldotna, AK 99669 | (P) 907-714-2200 | (F) 907-714-2378 | www.kpb.us Planning Department NOTICE OF PROPOSED UTILITY EASEMENT VACATION Notice is hereby given that an application to vacate a utility easement in the City of Kenai was received on 4/4/2025 by the Planning Department of the Kenai Peninsula Borough. In accordance with Chapter 20 of the Borough Code of Ordinances, all owners of properties within a 300-foot radius must be notified of the proposed vacation. According to Borough records, you are an owner of property within that radius or you are an affected party. Request / Affected Property: Vacate a 20-foot wide utility easement centered on the southeasterly line of Lots 17 and 16 common to the northwesterly lines of Lots 12 and 11 KPB File No. 2025-048V Petitioner(s)/ Land owner(s): Alexander Douthit of Kenai, AK. Purpose as stated in petition: Vacate a 20 foot wide utility easement centered on the southeasterly line of Lots 17 and 16 common to the northwesterly lines of Lots 12 and 11. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, April 28, 2025 commencing at 7:30 p.m., or as soon thereafter as business permits. The meeting is being held in person at the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 N. Binkley Street, Soldotna, Alaska. This meeting will also be held via Zoom, or other audio or video conferencing means whenever technically feasible. To attend the meeting using Zoom from a computer visit https://us06web.zoom.us/j/9077142200. You may also connect to Zoom by telephone, call toll free 1-888-788-0099 or 1-877-853-5247. If calling in you will need the Meeting ID of 907 714 2200. Additional information about connecting to the meeting may be found at https://www.kpb.us/local-governance-and-permitting/leadership-governance/planning- commission/planning-public-notices. Anyone wishing to testify may attend the meeting in person or through Zoom. Written testimony may be submitted by email to planning@kpb.us, or mailed to the attention of Beverly Carpenter, Kenai Peninsula Borough Planning Department, 144 N. Binkley Street, Soldotna, Alaska 99669. [Written comments may also be sent by Fax to 907-714-2378]. All written comments or documents must be submitted by 1:00 PM, Friday, April 25, 2025. The deadline to submit written comments or documents does not impact the ability to provide verbal testimony at the public hearing. Page 74 Additional information such as staff reports and comments are available online. This information is available the Monday prior to the meeting and found at https://kpb.legistar.com/Calendar.aspx. Use the search options to find the correct timeframe and committee. For additional information, contact Sandee Simons (ssimons@kpb.us) or Beverly Carpenter (BCarpenter@kpb.us), Planning Department, 714-2200 (1-800-478-4441 Toll Free within the Kenai Peninsula Borough). Mailed 4/10/2025 Page 75 KPB 2025-048V t I NOTES ~MAN£Nl STRUCTURl: SH,f,LL BE CONSlRUCTeD OR PLACED WITHIN A UTILITYEASEMENTWHl<:'-1 W QIJLD ,ITTERFERE WITH TH( An!UTYOF A UTILITY TO USflliEEASEMENT. 2. DEVELOPMENT Jv'IVST M EET THE aw Of KENAI CHAPTER 14 ZONING CODE REQUIREMENTS. 3. ANY PERSON DEV[U)PING THE PflOPE~IS RESPONSIBLE FOR OSTI\ININl'.i All REQUIRED LOCAL, SfATE, ANO FEDERAL FE.ilM rrs. INCll,1)1NG A U.S. MMV CORPS Of ENG IN EE RS WETLAND om RMIN/\ TION IF APPLICA8 l E 4. THIS PARCEL M"-Y BE AFFECTED SY THF FOLlOWING: 4.1. 0-IISSU8[)NISION MAY BE AFFf CTEO 8YA AESERVfiTION Ot--EAStMENT RESl:RVEO 8V f>UBUC LANO OR:i!:H: N<i.601 DATED /\UGUS"i JO, 1~1<J A ND AMCNDfO BY PUBLIC LAND 011:0~K No.757 [)ATEIJ OCT08£H. lC, 1959, ?UOLIC LAND ORDtR No.16ll DATfD APRIL 7, 195$ mo DEPARTMENT oi; TH[INTERIOR ORO€R No.26650ATEO ocro1m11G, 1951,AM(~DMENT No.I DATEDJUL'I' 17, 1952 P,NDAMENDMENT No.2 DATED SEPTEMBER 15, 1956' fllfDll-f Tt-!E ~EDUAL REGISTER. 4.l, AN ELEC"H ll( EAS[M[NT GRANTED TO KEN,\I POWER CO~PORA.TION ON JUNE 3, 1958 IN M ISC. OOOK 2, PAGE 31, KRD. LOCATION NOT DEFINED. l'INO ASSIGNEDTOTHE CnYOF KENAI DECEMBER )1, 1963 I N MISC. BOOK 11, Pil.GE 188, f:RD. 4.3. AN flE.CTRJ C EA.SEM ENTGRANTEOTO HO:YER. ELECTRICA~OOATION ON DECEMB[R S, 1958 IN MISC. BOOK 2, PAGE 6", KRD, lOCATtoN NOT DeFINED 4.4. COVENANTS, CONDITIONS Af\jQ RESTRICTIONS PER al.AC!( GOLD E$fATE!i SUBDtvlSION, AMENDUl K139'J. THE 80RDUGI-J W1·.1. NOT E.NFDRCL PRIVATE. COV£11jANT'S, ~A.$£MENTS OR DEED RESTRIC rtO~ PER KPB l 0.60.170. ALEXANDER 001,rn rr 1104 lEEWAR.D llR KENAI, AK99ij1 1 NOTARY 'S ACKNOWLEDGEMENT FOR: ALFXANOER DOUTHIT A(t:NOWt EOGED BEFOO[ ME nus llAY OF ----~20~S $26 l S2S FOUND 3-1/4' • At.MON UOTARV PU8UCH)R THE STATE OF ALA!,KA ~ 1~610~ SlS T '" WASTEWATER DISJ>O\AL PLANS FOR WASTIWAltR. l)ISPOSAl TliAT MEET flt:GULATO RY F.[QUIREMHi:TSfiREON FILE AT T'HE DF.PARTMENT OF EN\IIRONMENTAL CONSERVATION / A / ' • LOT15 LOT14 BLOCKS 1(1399 ' i GflA?:-11._: S..:Alt c~~•~r-_____ ;29 • . 30 ~-=---cf " 8LL~!\ "" "" U:l99 "" " " V / " / " / ''o. v · LOTl f: ..J'",>;; " BLOCK 7 (~f'f"(',>,. "" KB~ / / " / " / " V PLAT APPROVAL THIS Pl.ATWf,,.S APPROVE~ BY THI:. KENAI PEN INSULA BOkOUGrt f'lAriN lNG COMMIS',ION AT TI-IE" MEETJNC> OF ,ZOZS. Atm-lORIW> OFFICIAL T6N T>N VIGNITYMAP Sc~l,el" = 1 M lk:- KF.NA I " Plat# -,..-,---20- BLACK GOl .D ESTATES 2025 R!:PLA. T A R~PLATOF LOTS 11, 12, 16, 17 & r,o FEE'! OF ~/W BLACKGOlO l:Sl"Al'ES SUBDIVISION (K1399) Al..CXAN DER DOUllilT, OWNER 1104 LEEW AAD 00 KENAl,AK99511 0.937 AC. M/L SITUATED IN THF SW1/40f SECTIO'i25, TOWNSHIP 6 NORTH RANG E 12 WEST, ~[WARD M ERILllAN, CITY OF KENAI. K~N-Ail Pt;.NINSU lA i30~0UGH,.I\ND TI IE KENAI REC'-OROING DISTRICT, Al,ASKA. CW.:INEf.Pi MJ -Tt:::!Lffi ~),IG. rAN'rlNO SOI ~,('~·r!:')t:9!!6'! V·:>K'E:1,!IQTl~M.:1e FM:(~1)<ft:,..;;ajS W'f'M .1/CUJ<Er..¢.~I Page 77 144 North Binkley Street, Soldotna, AK 99669 | (P) 907-714-2200 | (F) 907-714-2378 | www.kpb.us Planning Department NOTICE OF PROPOSED UTILITY EASEMENT VACATION Notice is hereby given that an application to vacate a utility easement in the City of Kenai was received on 4/4/2025 by the Planning Department of the Kenai Peninsula Borough. In accordance with Chapter 20 of the Borough Code of Ordinances, all owners of properties within a 300-foot radius must be notified of the proposed vacation. According to Borough records, you are an owner of property within that radius or you are an affected party. Request / Affected Property: Vacate a 20-foot wide utility easement centered on the southeasterly line of Lots 17 and 16 common to the northwesterly lines of Lots 12 and 11 KPB File No. 2025-048V Petitioner(s)/ Land owner(s): Alexander Douthit of Kenai, AK. Purpose as stated in petition: Vacate a 20 foot wide utility easement centered on the southeasterly line of Lots 17 and 16 common to the northwesterly lines of Lots 12 and 11. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, April 28, 2025 commencing at 7:30 p.m., or as soon thereafter as business permits. The meeting is being held in person at the Betty J. Glick Assembly Chambers of the Kenai Peninsula Borough George A. Navarre Administration Building, 144 N. Binkley Street, Soldotna, Alaska. This meeting will also be held via Zoom, or other audio or video conferencing means whenever technically feasible. To attend the meeting using Zoom from a computer visit https://us06web.zoom.us/j/9077142200. You may also connect to Zoom by telephone, call toll free 1-888-788-0099 or 1-877-853-5247. If calling in you will need the Meeting ID of 907 714 2200. Additional information about connecting to the meeting may be found at https://www.kpb.us/local-governance-and-permitting/leadership-governance/planning- commission/planning-public-notices. Anyone wishing to testify may attend the meeting in person or through Zoom. Written testimony may be submitted by email to planning@kpb.us, or mailed to the attention of Beverly Carpenter, Kenai Peninsula Borough Planning Department, 144 N. Binkley Street, Soldotna, Alaska 99669. [Written comments may also be sent by Fax to 907-714-2378]. All written comments or documents must be submitted by 1:00 PM, Friday, April 25, 2025. The deadline to submit written comments or documents does not impact the ability to provide verbal testimony at the public hearing. Page 78 Additional information such as staff reports and comments are available online. This information is available the Monday prior to the meeting and found at https://kpb.legistar.com/Calendar.aspx. Use the search options to find the correct timeframe and committee. For additional information, contact Sandee Simons (ssimons@kpb.us) or Beverly Carpenter (BCarpenter@kpb.us), Planning Department, 714-2200 (1-800-478-4441 Toll Free within the Kenai Peninsula Borough). Mailed 4/10/2025 Page 79 KPB 2025-048V {f1/4 t I f'OUND2·1/t' I ~~:;Jg'it ral ~I { NOTES ~MAN£NT STRUCTURl: SH,f,Ll 8£ CONSTRUCTeD OR PLACED WITHIN A UTILITYEASEMENTWHIC'-1 WQIJLD ,ITTERFERE WITH TH( An!UTYOF A UTILITY TO USETliEEA5EMENT. 2. DEI/ELOPMENT Jv'IVST M EET THE aw Of KENAI CHAPTER 14 ZONING CODE REQUIREMENTS. 3. ANY PERSON DEV[U)PING THE PflOPE~IS RESPONSIBLE FOR OSTI\ININl'.i All REQUIRED LOCAL, SfATE, ANO FEDERAL FE.ilM ITS. INCll:OING A U.S. MMV CORPS Of ENGINEERS W£TLAND om RMIN/\TION IF APPLICABLE 4. THIS PARCEL M"-Y BE AFFECTED SY THF FOLlOWING: 4.1. fHISSU8DNISION MAY BE AFFfCTEO 8YA AESERVfiTION Ot--EAStMENT RESl:RVEO 8V f>IJBUC LANO OR:i!:H: N<i.601 DATED /\UGUS"i JO, 1~1<J AND AMCNDfO 8V PUBL IC LAND 011:0~K No.757 DATEIJ OCT08£H. lC, 1959, ?UOLIC LAND OROtR No.16ll DATfD APRIL 7, 195$ mo DEPARTMENT oi; TH[IN'TERIOR ORO€R No.26650ATEO ocro1m11G, 1951,AM(~DMENT No,1 DATEDJUL'I' 17, 19S2 P,NDAMENDMENT No.2 DATED SEPTEMBER 15, 1956' fllfDll-f Tt-!E ~EDUALREGISTER. 4.l, AN ELECT Rt( EAS[M[NT GRANTED TO KEN,\I POWER CO~PORA.TION ON JUNE 3, 1958 IN MISC. OOOK 2, PAGE 31, KRD, LOCATI ON NOTOEHNEO. l'INO ASSIGNEDTOTHECnYOF KENAI DECEMBER )1, 1963 IN MISC. BOOK 11, Pil.GE 188, f:RD. 4.3. IIN fLE.CTRJC EASEMENTGRANTEOTO HO:YER ELECTRICA~OOATION ON DECEMBCR S, 1958 IN MISC. BOOK 2, PAGE 6", KRD, lOCATtoN NOT DeFINEO 4.4. COVENANTS, CONDITIONS Af\jQ RESTRICTIONS PER al.AC!( GOLD E$fATE!i SUBDtvlSION, AMENOUl K139'J . THE 80RDUGI-J W1·.1. NOT ENFDRCL PRIVATE. COV£11jANT'S, ~A.SCMENTS OR DffD IUSTRIC rtO~ PER KPB l0 .60.170. WASTEWATER DISJ>O\AL f'LANS FOR WASTIWAltR. l)ISPOSAI. TliAT MEET flt:GULATO RY F.EQUIREMHi:TSl'IREON FILE AT TttE DF.PARTMENT OF ENVIRONMENTAL CONSERVATION / ,,( A / ·, '- / LOT14 < '··. / '-BL0C~8 .~""' co J.. x,~\)'¼' # 1(1399 ' LOT15 '-,, < / '- / '-LOT 31 '-8LOC1t t "" U:l99 "'- '- '. V '-/ '-/ ''o. V '-t}f<"~ '"l, 'P > '- '-'- LOTl BlOCKi "'-KB~ '- '-'- / / / V ~ \~ GflA?:-11._: S..:Alt ~-=--.:: ;s:. / >P~ ., FOUNOl• / tRONPIPE n 24 1' ~1;;; ' ~ ~ VIGNITYMAP Sc~l,el" = 1 Mllc :20 i , _____ ;25 KF.NA I " s K{NAI 11.NEfl. a. J~ ~"" ,..,,o -9 ~ '°'" ;;, ~... -•,v ~ BlOCK8 / ¥¾~0 .., .. ...,-.., .. " ~ ~, XB99 , '- ·,, / !tC -ss9"S8·oo•-w~"-------- !IL §ii~ 1061.34' \ ~ t L£GEND E;B FOUND PHIMARY MONUMENT ASOESC.Rl6ED O FOUNDllrRaiAlfUNLESSNOTt:D " • 2?.Zl rouND 5/8"x30"' RtaAR w/ .~ STAINLESS STEEL CIIP 85'031.-S sa s;s~,t3o~ AEBAR w/ 1" STAINIESS SHHCAP8.XB1-S R/W +UTIUTY E.-.SEMEIHVACATE.D PER THIS PlAT CCRTIFICATE OF OWNERSH IP AND DEOl<ATION l HCREB\I CERTIFYTHATf l'IMTHE OWNER OF TIIE ~EAL PROPERTY SHOWN AND UESCRISf[.)HtRWN t.NO I Ht:R.EBV AOOPTTI-HSPlAN OF SUllOIVISION AND 8'( MY FREE CONSENT DffifCATE AU RIGHTS-OF-WAY ANO PUB UC AREAS TO FU9llC1JSE AND GRANT AllEASfMEITTS TOTI1E U~E SHOWN. ALEXANDER 001,rnrr 1104lEEWAR.D OR KENAI, AK99ij1 1 NOTARn ACKNOWLEDGEMENT FOR: ALFXANOER DOUTHIT A(t:NOWtEOGEO BEFOOC ME nus llAYOF ----~20~S MVCOMW,:~ON EXPIR[S ___ _ UOTARY PUBUCH)R THE STATE OF ALA!,KA I I # $26 . S2S ';.';'.',:0~•-11,· /_197S610-S ·-- /"',. ,(;J ~h-- / '\°>· ~ 'tt ,,; LC'f48 BLOCKS KN202.l-1 / •,;;,_~ '.J.937 AC • 'o;v-q,.,~ eJY / ✓; ', ME.VT ,-,<..'>' ~ , '-~~ .z~:.w:. -· '• , ti /~/ ~(' JJ 1 v '-, A, ;1 'o·,~. ~ . I}' • ~',;'¾, /1. ·1 ~" I ~ , ~ ,:,,,:_<0-1 ' ,J' I C/ .<, <o>::-,.❖ {! '.<j')-~/ / '". ·oa·ocrw ,,-'cil,.,-f-1' I ~ / 1-"' ,;i; /.I'"' ·219• f '.<" I , <I' ii, '· .~ ·~ ,1 ,~'>[ ~◊ ,11' G / '),Q •~,, Ai~'<:-"''£?'. ~' '- i 'a-'"'"°"1 k / <l~ .4•,11 •• #<, <l / ' / ////;/ &./. / / s / 0 • 0 / ... /4'' g" .~ / ...._v ·, ~ •. 1/ / #/ / / / / / / / / / / / / / / PLAT APPROVAL / / / / / / / / --"~~'-\,._ ,;;~·· .. ·~-. ,,.,.. fi·>i ~ t ::~!!!·······''."~ ~... ...... . ...... J \·i·~~~~~LT~~~ll ··~;, ...... •·t-.)f...-·,,\~~~:_~ Plat# 1 --~»-, °"' r,,~_N\ I BLACK GOl.D ESTATES 2025 R!:PLA.T A R~PLATOF LOTS 11, 12, 16, 17 & r,o FEE"! OF ~/W BLACKGOlO l:Sl"Al'ES SUBDIVISION (K1399) Al.CXANDER DOUllilT, OWNEII 1104 LEEWAAD 00 KENAl,AK99511 0.937 AC. M/L SITUATED IN THF SWl/4 Of SECTIO'i 25, TOWNSHIP G N{JflTH, fl:ANGE 12 WEST , ~[WARD M ERILJIAN, CITY OF KENAI, !<~N.Ail Pi;.NINSUlA i30~0UGH,.I\NO TI IE KENAI REC'-OROING DISTRICT, Al,F\SKA. CW.:INEf.Pi MJ .Tt:::!Lffi ~),IG. rAN'rlNO t.:"P O ~)LE N O . zo.:::>•)(XX THIS PLATWf,,.S APPROVE~ BY THI:. KENAI PEN INSULA BOkOUG rt PLANN ING COMMIS',ION AT Tl-IE" MEETJNC> ~ .,_... .. SOI ~,('~·r!:')t:9!!6'! V·:>K'E:1,!IQTl~M.:1e FM:(~1):;e:,.;,:,,.s W'f'M .1/CUJ<Er..¢.~I OF ,ZOZS. Atm-lORIW> OFFICIAL Page 81 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING A. CALL TO ORDER MARCH 26, 2025-7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JOE HALSTEAD, PRESIDING MINUTES A Regular Meeting of the Kenai Planning & Zoning Commission was held on March 26, 2025, in City Hall Council Chambers, Kenai, AK. Chair Halstead called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Halstead led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Joe Halstead, Chair Glenese Pettey Stacie Krause A quorum was present. Absent: Diane Fikes Also in attendance were: Jeff Twait, Vice Chair Sonja Earsley Gwen Woodard Kevin Buettner, Planning Director Deborah Sounart, City Council Liaison Meghan Thibodeau, Deputy City Clerk 3. Approval of Agenda and Consent Agenda Chair Halstead noted the following additions to the Packet: Add Item 0.1 Staff Report • Updated Staff Report for PZ2025-05 MOTION: Vice Chair Twait MOVED to approve the agenda and consent agenda with the requested revisions. Commissioner Woodard SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Halstead 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. There being no objection; SO ORDERED. *All items listed with an asterisk(*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Planning & Zoning Commission Meeting March 26, 2025 Page 1 of 4 Page 84 B. APPROVAL OF MINUTES 1. *Regular Meeting of March 12, 2025 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS -None. D. UNSCHEDULED PUBLIC COMMENTS -None. E. CON SID ERA TION OF PLATS 1. Resolution No. PZ2025-05 -Recommending Conditional Approval of Prelim inary Plat - Black Gold Estates 2025 Replat Merging Lots 11, 12, 16, 17 and 60 feet of Right-of-Way into a Single Lot in the Suburban Residential (RS) Zoning District. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-05. Commissioner Pettey SECONDED the motion. Planning Director Buettner noted that a substitute staff report was provided in the laydown, provided an overview of the staff report , and explained the purpose of the plat was to merge four parcels and 60 feet of unnamed Right-of-Way (ROW) into one lot. It was noted that staff's recommendation is approval subject to the conditions specified within the staff report as attached to Resolution No. PZ2025-05. Alex Douthit, applicant, provided background regarding the plat and vacation of the portion of ROW. He explained and that the lot would be more suitable for development once merged. There was Commission discussion regarding the background of the unnamed ROW. Clarification was provided that this ROW was not involved in a dispute between the Kenai Native Association and the City of Kenai, and that a Conditional Use Permit is not needed for the proposed uses. VOTE: YEA: Twait, Woodard , Earsley, Pettey, Krause, Halstead NAY: None ABSENT: Fikes MOTION PASSED WITHOUT OBJECTION. 2. PZ2025-15 -Recommending Approval of Preliminary Plat -Bailey Estates Karpik Rice Replat to Relocate the Lot Line Separating Lots 1 and 2, Bailey Estates Amended in the Suburban Residential 2 (RS-2) Zoning District. MOTION: Vice Chair Twait MOVED to approve Resolution PZ2025-15. Commissioner Woodard SECONDED the motion. Planning Director Buettner provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2025-15, and explained the purpose of the plat was to adjust the lot lines between two lots, to allow a shop building to meet setback requirements. It was noted that staff's recommendation is approval subject to the condition specified within the staff report as attached to Resolution No. PZ2025- 15. VOTE: YEA: Earsley, Pettey, Woodard, Twait, Halstead, Krause NAY: None ABSENT: Fikes MOTION PASSED WITHOUT OBJECTION. Planning & Zoning Commission Meeting March 26, 2025 Page 2 of 4 Page 85 [ 3. PZ2025-16 -Recommending Approval of Preliminary Plat -Highlands Subdivision 2025 Replat Merging Lots 10, 11 and 12 into a Single Lot in the Rural Residential (RR) Zoning District. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-16. Commissioner Pettey SECONDED the motion. Planning Director Buettner provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2025-16, and explained the purpose of the plat was to merge three lots into a single lot. It was noted that staff's recommendation is approval subject to the condition specified within the staff report as attached to Resolution No. PZ2025-16. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. F. PUBLIC HEARINGS -None. G. UNFINISHED BUSINESS 1. Discussion -Aspen Creek, 701 N. Forest Drive Conditional Use Permit It was reported that there were no new developments to the issue; that construction was anticipated to finish during the first week of May; and that City staff visited the site and noted less traffic than their visit a few months prior. Clarification was provided that the vehicles observed were mostly pickup trucks, but ownership of the vehicles cannot be confirmed. It was noted that this discussion will be continued on the next Commission meeting agenda. 2. Discussion -Schedule a Work Session Meeting for May 14, 2025 at 5:30 pm to discuss Conditional Use Permits. The work session was scheduled for May 14, 2025 at 5:30 p.m. H. NEW BUSINESS -None. I. REPORTS 1. Planning Director -Planning Director Buettner reported on the following: • The Kenai Peninsula Borough will be holding public workshops on the Comprehensive Safety Action Plan, and a Joint Work Session with the City Council and Planning & Zoning Commission on April 16, 2025 at 5:00 p.m. 2. Commission Chair -Chair Halstead noted that it would be his last meeting due to a schedule change with his new employment, and expressed appreciation for his time working on the Commission. 3. Kenai Peninsula Borough Planning -No report. 4. City Council Liaison -No report. J. ADDITIONAL PUBLIC COMMENT Arlys Miskinis, resident, expressed concerns with the Aspen Creek Conditional Use Permit; reported that there was an "emergency vehicles only" sign on Ponderosa Street; that she had continued to Planning & Zoning Commission Meeting March 26, 2025 Page 3 of 4 Page 86 observe increased traffic; and that Aspen Creek had not installed a street camera to monitor traffic. She discussed speed limits and signage in residential neighborhoods. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: April 9, 2025 It was noted that the April 9, 2025 meeting would be cancelled due to lack of agenda items. Commissioner Krause noted that she would attend remotely at the April 23, 2025 meeting. L. COMMISSION COMMENTS AND QUESTIONS Commissioner Woodard stated that it had been nice serving with Chair Halstead. Commissioner Pettey noted that she would be absent at the April 23, 2025 meeting. M. PENDING ITEMS -None. N. ADJOURNMENT 0. INFORMATIONAL ITEMS-None. There being no further business before the Planning & Zoning Commission, the meeting was adjourned at 7:32 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of March 26,~ Meghan Thibodeau Deputy City Clerk Planning & Zoning Commission Meeting March 26, 2025 Page 4 of 4 Page 87 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2025-33 A RESOLUTION AUTHORIZING AWARD OF THE CITY-OWNED LANDS APPRAISAL CONTRACT. WHEREAS, an Invitation to Bid was released on April 8, 2025 with bids due on April 23, 2025 for the 2025 City-Owned Lands Appraisal Contract; and, WHEREAS, the following bids were received: Vendor Total Bid Amount CBRE Group, Inc. $39,600 ; and, WHEREAS, the sole bid received was from CBRE Group, Inc.; and, WHEREAS, the bid was determined to be responsive and responsible; and, WHEREAS, Administration recommends retaining CBRE Group, Inc., to provide the requested appraisal services from approximately May 2025 through the completion of their task, not to exceed six months; and, WHEREAS, the work task to be completed is required in accordance with Kenai Municipal Code Sections 21.10.090(b) - Principles and Policy of Lease Rates and 22.05.060(b) - Principles and Policy of Lease Rates. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council authorizes the City Manager to execute an agreement with CBRE Group, Inc., to provide appraisal services to the City for City-Owned Lands as prescribed in Kenai Municipal Code for the development of lease rates for an amount not to exceed 39,600. Section 2. That this Resolution takes effect immediately upon passage. PASSED 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 Approved by Finance: _________________ Page 88 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Kevin Buettner, Planning Director DATE: May 14, 2025 SUBJECT: Resolution No. 2025-33 - Authorizing Award of the City-Owned Lands Appraisal Contract. This memo requests Council’s approval to award a contract to complete City-Owned Lands Appraisal services to CBRE Group, Inc. An Invitation to Bid was released for the project and one bid was received by the due date of April 23, 2025. CBRE Group, Inc. was the only company to bid on the solicitation. The bid was for a total amount of $39,600. The bid was reviewed and determined to be responsive and responsible. This contract fulfills a requirement in accordance with Kenai Municipal Code Sections 21.10.090(b) – Principles and Policy of Lease Rates and 22.05.060(b) – Principles and Policy of Lease Rates. Award of this agreement is in the best interest of the City. Council’s approval is respectfully requested. Page 89 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2025-34 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR JANITORIAL SERVICES AT THE KENAI MUNICIPAL AIRPORT TERMINAL. WHEREAS, the City of Kenai released an invitation to bid for Janitorial Services at the Airport terminal on April 3, 2025 with bids due on April 24, 2025; and, WHEREAS, the following bids were received: Bidders Base Bid Total Reborn Again Janitorial Services $48,000.00 Touch of Gold Cleaning LLC $50,100.00 ; and, WHEREAS, Reborn Again Janitorial Services was determined to be the lowest responsive and responsible bidder and award to Reborn Again Janitorial Services is in the best interest of the City; and, WHEREAS, the current agreement expires on June 30, 2025 and funding for these services is included in the FY2026 budget; and, WHEREAS, the City of Kenai Administration recommends the City enter an agreement to provide Janitorial Services from July 1, 2025 through June 30, 2026, with an option to extend for four one-year terms with mutual consent; and, WHEREAS, after the completion of the first full calendar year of the contract, the bid price will be adjusted annually to account for inflation; and, WHEREAS, the Airport Commission recommended approval at their regularly scheduled meeting on May 8, 2025. 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 with Reborn Again Janitorial Services to provide Janitorial services at the Kenai Municipal Airport for a period of one year with the possibility of four one-year extensions. The City Manager may execute the four future extensions without further Council approval. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 21ST DAY OF MAY, 2025. ___________________________________ Brian Gabriel Sr., Mayor Page 90 Resolution No. 2025-34 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Page 91 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: May 10, 2025 SUBJECT: Resolution No. 2025-34 - Authorizing the City Manager to Enter into an Agreement for Janitorial Services at the Kenai Municipal Airport Terminal. This memo requests Council’s approval to award a contract to Reborn Again Janitorial Services. An Invitation to bid on janitorial services was released on April 3rd, 2025 and bids were due on April 24th, 2025. Two bids were received and Reborn Again Janitorial Services was the lowest responsive and responsible bidder. This authorization will extend for a period of one year from July 1, 2025 through June 30, 2026 with the option to extend the work an additional four years upon mutual agreement. After the completion of the first full calendar year of the contract term, the bid price will be adjusted annually to account for inflation. The adjustment will be made on July 1st of each subsequent fiscal year. The adjustment will be based on the percentage change in inflation of the previous calendar year, as determined by the U.S. Department of Labor statistics for Anchorage, Alaska. Award of this agreement is in the best interest of the City. Council’s approval is respectfully requested. Page 92 KENAI CITY COUNCIL – REGULAR MEETING MAY 7, 2025 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR HENRY KNACKSTEDT, PRESIDING City of Kenai Council Meeting Page 1 of 9 May 7, 2025 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on May 7, 2025, in City Hall Council Chambers, Kenai, AK. Vice Mayor Knackstedt called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Vice Mayor Knackstedt led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Henry Knackstedt, Vice Mayor Brian Gabriel, Mayor (remote attendance) Phil Daniel Deborah Sounart Alex Douthit Victoria Askin (remote attendance) Sovala Kisena A quorum was present. Also in attendance were: Dave Ross, Acting City Manager Scott Bloom, City Attorney David Swarner, Finance Director Katja Wolf, Library Director Tyler Best, Parks and Recreation Director Lee Frey, Public Works Director Kathy Romain, Senior Services Director Derek Ables, Airport Manager Joe Fisher, Building Official Shellie Saner, City Clerk 3. Agenda and Consent Agenda Approval MOTION: Council Member Douthit MOVED to approve the agenda. Council Member Daniel SECONDED the motion. MOTION TO AMEND: Council Member Sounart MOVED to add agenda item H.5., “Action/Approval - Amending and Extending an Employment Agreement between the City of Kenai and City Attorney, Scott Bloom”, to the consent agenda. Council Member Douthit SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend the consent agenda. VOTE: There being no objections; SO ORDERED. The items on the Consent Agenda were read into the record. Vice Mayor Knackstedt opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. Page 93 City of Kenai Council Meeting Page 2 of 9 May 7, 2025 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. [Clerk’s Note: Vice Mayor Knackstedt presented a proclamation declaring April 2025 as Sexual Assault Awareness Month.] B. SCHEDULED ADMINISTRATIVE REPORTS - None. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS Marion Nelson, Board Member for the Kenai Art Center reported on the First Friday opening show and the ongoing exhibit of mural artwork. 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) MOTION: Council Member Sounart MOVED to enact Ordinance No. 3464-2025. Council Member Daniel SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Knackstedt, Askin, Douthit, Kisena, Gabriel, Daniel, Sounart NAY: None MOTION PASSED. 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) MOTION: Council Member Sounart MOVED to enact Ordinance No. 3465-2025. Council Member Douthit SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported this would allow administrative approval of existing license renewals when there are no changes; amend code to require a lists of all operating liquor and marijuana licenses in the City be brought to Council annually; codifies the administrative procedures for license review; aligns code with State law regarding public hearing for licenses; and removes reference to specific sections of State statute. Page 94 City of Kenai Council Meeting Page 3 of 9 May 7, 2025 Clarification was provided that citizen complaints would be administratively reviewed, and any grounds for protest would be brought to Council for action. VOTE: YEA: Askin, Douthit, Kisena, Gabriel, Daniel, Sounart, Knackstedt NAY: None MOTION PASSED. 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) MOTION: Council Member Sounart MOVED to enact Ordinance No. 3466-2025. Council Member Douthit SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported this would reinstate a deleted section of code that allows for engineered designs that fall outside of standard prescriptive code; amend fire protection requirements to allow for underfloor furnaces; and remove a redundant requirement for crawl space smoke detectors. Support was expressed for the Ordinance in alleviating building issues. VOTE: YEA: Douthit, Kisena, Gabriel, Daniel, Sounart, Knackstedt, Askin NAY: None MOTION PASSED. 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) MOTION: Council Member Sounart MOVED to enact Ordinance No. 3467-2025. Council Member Daniel SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Kisena, Gabriel, Daniel, Sounart, Knackstedt, Askin, Douthit NAY: None MOTION PASSED. 5. Ordinance No. 3468-2025 - Accepting and Appropriating a Donation to the Kenai Community Library for the Summer Reading Program 2025. (Administration) MOTION: Council Member Sounart MOVED to enact Ordinance No. 3468-2025. Council Member Kisena SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. Page 95 City of Kenai Council Meeting Page 4 of 9 May 7, 2025 Support was expressed for the Library; it was noted that this donation would help with the summer reading program; and appreciation was expressed for Derek Kaufman Fund and Hilcorp. VOTE: YEA: Gabriel, Daniel, Sounart, Knackstedt, Askin, Douthit, Kisena NAY: None MOTION PASSED. 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) MOTION: Council Member Douthit MOVED to enact Ordinance No. 3469-2025. Council Member Sounart SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported this would amend code to allow City employees and officers to purchase real property, when sold in an open, transparent process equally available to the public, provided the employee or official had no inside information; the Ordinance continued to prohibit employees and officers from bidding in the annual surplus auction; would allow employees and officials to invest and develop in the community; and aligned with Kenai Peninsula Borough practices. There was discussion regarding the ethical implications of municipal officers purchasing city owned property; the public perception regarding to conflict of interest; the potential of officials having greater access to information and influence; and the possibility of amending the Ordinance to remove reference to Municipal Officers. MOTION TO POSTPONE: Council Member Douthit MOVED to postpone Ordinance No. 3469-2025 to the May 21, 2025 Regular Meeting. Council Member Daniel SECONDED the motion. VOTE ON MOTION TO POSTPONE: YEA: Daniel, Sounart, Knackstedt, Askin, Douthit, Kisena, Gabriel NAY: None MOTION TO POSTPONE PASSED. 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) MOTION: Council Member Sounart MOVED to adopt Resolution No. 2025-27. Council Member Daniel SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 8. Resolution No. 2025-28 - Authorizing Contract Awards for Purchase of Water and Wastewater Chemicals. (Administration) Page 96 City of Kenai Council Meeting Page 5 of 9 May 7, 2025 MOTION: Council Member Sounart MOVED to adopt Resolution No. 2025-28. Council Member Daniel SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported this was the cost anticipated for the annual supply of chemicals for the Water Treatment Facility and Wastewater Treatment Facility; costs have increased over the last five years; and there were additional increases now due to tariffs. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 9. Resolution No. 2025-29 - Authorizing Contract Award for Aliak Storm Water Rehab Design. (Administration) MOTION: Council Member Sounart MOVED to adopt Resolution No. 2025-29. Council Member Daniel SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that Bell & Associates was an Anchorage-based company; and clarification was provided on the location of the storm drain. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 10. Resolution No. 2025-30 - Approving Amendments to the Agreement for Contract Services for Vintage Pointe Manor Congregate Housing. (Administration) MOTION: Council Member Sounart MOVED to adopt Resolution No. 2025-30. Council Member Daniel SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that Mr. Sadler provides services such as cleaning, supply purchases, and mechanical inspection. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 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) MOTION: Council Member Sounart MOVED to adopt Resolution No. 2025-31. Council Member Daniel SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. Page 97 City of Kenai Council Meeting Page 6 of 9 May 7, 2025 It was reported the policy amendments would bring the Cemetery Regulations into alignment with current headstone placement practices, and make terminology consistent throughout the policy. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. F. MINUTES 1. *Special Meeting of April 15, 2025. (City Clerk) Approved by the consent agenda. 2. *Regular Meeting of April 16, 2025. (City Clerk) Approved by the consent agenda. G. UNFINISHED BUSINESS - None. H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval - Special Use Permit to Weaver Brothers, Inc. for Truck Trailer Storage. (Administration) Approved by the consent agenda. 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) Approved by the consent agenda. 4. *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. (Administration) Introduced by the consent agenda and Public Hearing set for May 21, 2025. 5. *Action/Approval - Amending and Extending an Employment Agreement between the City of Kenai and City Attorney, Scott Bloom. (Gabriel) Approved by the consent agenda. 6. Discussion - Facility Use Policy Administration. (Administration) It was reported that most City facility policies were managed by the Administration unless Council approval was required by code, some policies have come before Council when not required; and the City Manager was requesting input from Council whether to bring all facility policies before Council or to continue managing them internally. There was consensus among Council that continuing the current practice of internal policy management was preferred; and Council members can review policies on request or if an issue arises. 7. Discussion - Unsafe Driving Through Parking Lots (Rat Running). (Administration) Page 98 City of Kenai Council Meeting Page 7 of 9 May 7, 2025 It was reported that “rat running” occurs when drivers speed through parking lots to bypass traffic lights and stop signs; this has been an ongoing issue at the Visitor Center; some cities including Anchorage and Fairbanks have ordinances that make rat running illegal; the City Manager is considering introducing a similar ordinance along with implementing other measures such as speed bumps where needed, and requested input from Council. A general consensus of support was for a combined approach of legislation and physical deterrents to prevent rat running. I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Commission No report, next meeting June 12, 2025. 2. Airport Commission No report, next meeting May 8, 2025. 3. Harbor Commission No report, next meeting June 9, 2025. 4. Parks and Recreation Commission Council Member Douthit reported on the May 1, 2025 meeting, next meeting June 5, 2025. 5. Planning and Zoning Commission No report, next meeting May 14, 2025. 6. Beautification Commission No report, next meeting May 13, 2025 which Council Member Daniel will be attending. J. REPORT OF THE MAYOR 1. Proclamation Declaring April 2025 as “Sexual Assault Awareness Month” Mayor Gabriel reported on the following: • Expressed appreciation for City staff’s time and effort during the Budget Work Session. • Thanked Vice Mayor Knackstedt for delivering the Sexual Assault Awareness Month Proclamation. • Attended the Triumvirate Theatre grand opening, and noted that the performance was well-done and very enjoyable. • Wished a Happy Mother’s Day. K. ADMINISTRATION REPORTS 1. City Manager - Acting City Manager Ross reported on the following: • New police officer and a new firefighter have been hired. • Recruitment underway for Public Safety Dispatcher. • Annual Employee Appreciation Event had a great turnout, and 17 employees were recognized for their service. • City Manager Eubank attended the Kenai Peninsula Economic Development District Industry Overview Forum on April 24, 2025. • US Army Corp of Engineers held a Bluff Project Update public meeting on April 30, 2025, and construction is scheduled to begin May 17, 2025. Page 99 City of Kenai Council Meeting Page 8 of 9 May 7, 2025 • Thanked Council and City staff for their work during the Budget Work Session. • The City has applied for a Rasmussen Foundation Community Support Grant to support the Kenai Bronze Bear family sculpture; the completed sculpture will be donated to the City. • Kenai Senior Center may pursue Rasmussen Foundation Tier One Grant for a separate project. • Annual Kenai Kite Festival will be held on May 31, 2025. • Parks & Recreation will host a community Planting Day on May 31, 2025. • Kenai Library Summer Reading Program begins May 19, 2025. • Update on the softball field dugouts: materials have arrived, and Parks & Recreation has begun to assemble. 2. City Attorney - City Attorney Bloom thanked Council for extending his contract. 3. City Clerk - No report. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) Marion Nelson addressed the Council regarding the history of Walker Lane related to the parking lot traffic discussion. 2. Council Comments Mayor Gabriel thanked Vice Mayor Knackstedt for filling in while he’s out of town. Council Member Askin reported attending the Employee Appreciation Event, the Triumvirate Theatre grand opening; and thanked City staff for the Budget Work Session. Council Member Douthit reported attending the Employee Appreciation Event stating his appreciation for the entertainment; attending the Caring for the Kenai Event and noted that local students won 2nd and 5th place. Council Member Sounart reported attending the Employee Appreciation Event, stating appreciation for the red Kenai logo bandana; expressed appreciation for City staff’s work on the Budget Work Session; and wished best of luck to Peninsula students participating in the state solos and ensembles competition. Council Member Daniel reported attending the Employee Appreciation Event and the Triumvirate Theatre grand opening; thanked City staff for their work on the Budget Work Session; attending the Bluff Project Update meeting, stating he was looking forward to construction beginning; and expressed appreciation for staff’s work on the softball dugouts. Council Member Kisena reported attending the Employee Appreciation Event; expressed appreciation for City staff’s work on the Budget Work Session; and thanked Parks & Recreation for working on the softball dugouts. Vice Mayor Knackstedt reported attending the Parks & Recreation Master Plan meeting, the Triumvirate Theatre grand opening, and the Bluff Project Update meeting; expressed appreciation for City staff’s work on the Budget Work Session; and noted that the Boys & Girls Club open house was this upcoming weekend. M. EXECUTIVE SESSION - None. N. PENDING ITEMS - None. Page 100 City of Kenai Council Meeting Page 9 of 9 May 7, 2025 O. ADJOURNMENT P. INFORMATIONAL ITEMS - None. There being no further business before the Council, the meeting was adjourned at 7:52 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of May 7, 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 101 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 Page 102 Ordinance No. 3469-2025 Page 2 of 3 New Text Underlined; [DELETED TEXT BRACKETED] 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 103 Ordinance No. 3469-2025 Page 3 of 3 New Text Underlined; [DELETED TEXT BRACKETED] (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 104 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 105 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 106 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 107 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 108 Sponsored by: Council Member Douthit New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3469-2025 (SUBSTITUTE) AN ORDINANCE AMENDING KMC 1.85.060-CONFLICTS OF INTEREST PROHIBITED, TO ALLOW 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 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 employees responsible and provide transparency for the public, employees should not be prohibited from all 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 employees to purchase real property from the City when offered to the general public in a transparent transaction and the employee 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 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 Page 109 Ordinance No. 3469-2025 Substitute Page 2 of 3 New Text Underlined; [DELETED TEXT BRACKETED] 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. (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 employees may bid or propose on real property sales, or other interests in real property, when Page 110 Ordinance No. 3469-2025 Substitute Page 3 of 3 New Text Underlined; [DELETED TEXT BRACKETED] offered to the general public. A municipal employee cannot acquire a real property interest through a negotiated sale or lease not available or advertised to the general public and may 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 21ST DAY OF MAY, 2025. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: April 16, 2025 Enacted: May 21, 2025 Effective: June 20, 2025 Page 111 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Alex Douthit, Council Member DATE: May 14, 2025 SUBJECT: Ordinance No. 3469-2025 Substitute - Amending KMC 1.85.060- Conflicts of Interest Prohibited, to Allow 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. The Substitute Ordinance incorporates changes discussed by the Council at the May 7, 2025 Council Meeting. It limits the ability to purchase City real property to nonconflicted employees, excluding previously included municipal officers. It also removed the words “arms length” from the WHEREAS clauses. Your consideration is appreciated. Page 112 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: MAY 21, 2025 VENDOR PREMERA HOMER ELECTRIC PERS INVESTMENTS VENDOR DESCRIPTION MAY INSURANCE PREMIUM ELECTRIC USAGE PERS DESCRIPTION DEPARTMENT VARIOUS VARIOUS VARIOUS MATURITY DATE ACCOUNT HEAL TH INSURANCE UTILITIES LIABILITY AMOUNT AMOUNT 216,991.65 110,513.76 113,380.66 Effect. Int. Page 113 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3471-2025 AN ORDINANCE ADOPTING THE ANNUAL BUDGET, SALARY SCHEDULE AND EMPLOYEE CLASSIFICATION PLAN FOR THE FISCAL YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026 AND COMMITTING $2,850,457 OF GENERAL FUND, FUND BALANCE FOR FUTURE CAPITAL IMPROVEMENTS. WHEREAS it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed; and, WHEREAS, pursuant to Kenai City Charter section 2-4, the City Council has the power to adopt a budget, raise revenue, and make appropriations; and regulate salaries and wages and all other fiscal affairs of the City; and, WHEREAS, adoption of this Ordinance constitutes Council meeting its obligation to adopt a budget, raise revenue, and make appropriations; and, WHEREAS, through adoption of the document entitled “Annual Budget for the City of Kenai, Alaska July 1, 2025 - June 30, 2026”, which includes the City Manager presented Classification Plan and Salary Schedule, Council meets its obligation as required by KMC 23.50.10; and, WHEREAS, committed fund balance represents resources whose use is constrained by Council self- imposed limitations at its highest level of decision making, an Ordinance, and that remain binding unless removed in the same manner; and, WHEREAS, in recognition of deferred and ongoing maintenance needs of City facilities and in support of the City’s Fiscal Year 2026 – 2030 Capital Improvement Plan (The Plan), Council commits $2,850,457 towards funding of The Plan for fiscal years 2026-2030. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That certain document entitled "Annual Budget for the City of Kenai, Alaska July 1, 2025 – June 30, 2026" which is available for examination by the public in the Office of the City Clerk, the City’s website and is incorporated herein by reference is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2025 and ending June 30, 2026. Section 2. The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2025, and ending the 30th day of June, 2026, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund $ 22,494,988 Enterprise Fund – Congregate Housing Fund 751,454 Page 114 Ordinance No. 3471-2025 Page 2 of 3 New Text Underlined; [DELETED TEXT BRACKETED] Internal Service Funds: Equipment Replacement Fund 276,969 Fleet Replacement Fund 102,267 Employee Health Care Fund 3,157,196 Total Internal Service Funds 3,536,432 Special Revenue Funds: Personal Use Fishery Fund 555,396 Water & Sewer Fund 3,444,818 Airport Fund 4,993,258 Senior Citizen Fund 1,117,500 Total Special Revenue Funds 10,110,972 Permanent Funds: Airport Land Sale Permanent Fund 1,099,774 General Land Sale Permanent Fund 159,045 Total Permanent Revenue Funds 1,258,819 Capital Project Funds: Park Improvement 120,000 Flight Service Station Improvement 400,000 City Hall Improvement 75,000 Municipal Roadway Improvement 1,400,000 Congregate Housing Improvement 100,000 Airport Improvement 1,265,100 Water & Sewer Improvement 450,000 W aste Water Treatment Plant Equipment 50,000 Total Capital Project Funds 3,860,100 Debt Service Fund – Library Expansion Bonds 130,625 Total All Funds $42,143,390 Section 3. Council hereby commits $2,850,457 of Unassigned General Fund, Fund Balance for future renovations and improvements to City facilities. Section 4. Council hereby adopts the Fiscal Year 2026 Classification Plan and Salary Schedule presented by the City Manager and included in the “Annual Budget for the City of Kenai, Alaska July 1, 2025 – June 30, 2026”, as attached. Section 5. 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 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect July 1, 2025. Page 115 Ordinance No. 3471-2025 Page 3 of 3 New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 4TH DAY OF JUNE, 2025. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: May 21, 2025 Enacted: June 4, 2025 Effective: July 1, 2025 Page 116 Fiscal Year 2026 Classification Plan and Salary Schedule Range Job Title A B C D E F AA BB CC DD EE 1 Police Trainee $14.52 $14.89 $15.25 $15.62 $15.97 $16.34 $16.96 $17.57 $18.20 $18.81 $19.43 2 $15.25 $15.63 $16.01 $16.39 $16.78 $17.16 $17.81 $18.45 $19.10 $19.75 $20.40 3 $16.01 $16.41 $16.82 $17.22 $17.62 $18.01 $18.70 $19.37 $20.05 $20.74 $21.42 4 $16.82 $17.24 $17.66 $18.08 $18.50 $18.92 $19.64 $20.35 $21.06 $21.78 $22.49 5 $17.65 $18.08 $18.53 $18.97 $19.41 $19.85 $20.60 $21.35 $22.10 $22.85 $23.60 6 Driver, Janitor, Kitchen Assistant, Parks & Rec Laborer, Recreation Center Worker $18.54 $19.00 $19.47 $19.93 $20.40 $20.86 $21.64 $22.44 $23.23 $24.01 $24.80 7 $19.46 $19.95 $20.43 $20.92 $21.41 $21.90 $22.73 $23.55 $24.38 $24.01 $26.03 8 Cook, Library Aide $20.84 $21.36 $21.88 $22.40 $22.92 $23.44 $24.33 $25.21 $26.09 $26.98 $27.87 9 $21.89 $22.44 $22.98 $23.53 $24.08 $24.62 $25.55 $26.48 $27.42 $28.35 $29.27 10 $22.97 $23.54 $24.12 $24.69 $25.27 $25.85 $26.83 $27.80 $28.77 $29.75 $30.73 11 $24.10 $24.70 $25.31 $25.91 $26.51 $27.11 $28.13 $29.16 $30.18 $31.21 $32.23 12 Library Assistant $25.34 $25.97 $26.60 $27.23 $27.87 $28.51 $29.59 $30.66 $31.74 $32.81 $33.89 13 Administrative Assistant I $26.61 $27.27 $27.94 $28.61 $29.27 $29.94 $31.07 $32.20 $33.33 $34.47 $35.59 14 Accounting Tech I, Adminstrative Assistant II, Animal Control Officer, Parks & Rec Maint. Tech. $27.94 $28.63 $29.34 $30.03 $30.73 $31.43 $32.61 $33.80 $34.99 $36.18 $37.36 15 Administrative Assistant III, Desktop Support Tech, Public Safety Dispatcher, Utility Operator I $29.31 $30.05 $30.78 $31.52 $32.24 $32.98 $34.22 $35.47 $36.71 $37.96 $39.21 16 Accounting Technician II, Airport Operations Specialist, Building Maintenance Tech, Equipment Operator $30.78 $31.55 $32.32 $33.09 $33.86 $34.63 $35.93 $37.25 $38.56 $39.86 $41.17 17 Chief Animal Control Officer $32.35 $33.16 $33.98 $34.78 $35.59 $36.40 $37.78 $39.16 $40.52 $41.90 $43.28 18 Communications Supervisor,Utility Operator II $33.95 $34.79 $35.64 $36.50 $37.34 $38.19 $39.63 $41.08 $42.51 $43.96 $45.40 19 Assistant Parks & Rec Director,Equipment Lead Operator, Shop Mechanic, Utility Lead Operator $35.65 $36.54 $37.43 $38.32 $39.22 $40.11 $41.63 $43.14 $44.66 $46.17 $47.69 20 $37.41 $38.35 $39.28 $40.22 $41.16 $42.10 $43.69 $45.28 $46.87 $48.46 $50.04 21 Airport Operations Supervisor, Building Official, Police Officer, Shop Foreman, Street Foreman, Building Foreman $39.29 $40.27 $41.26 $42.24 $43.22 $44.21 $45.88 $47.54 $49.22 $50.89 $52.56 22 Utility Foreman II $41.26 $42.29 $43.32 $44.35 $45.39 $46.42 $48.17 $49.93 $51.68 $53.43 $55.19 23 Assistant to City Manager/Special Projects Coor, IT Manager $43.30 $44.38 $45.46 $46.54 $47.63 $48.72 $50.55 $52.40 $54.23 $56.08 $57.92 24 Police Sergeant, Assistant Public Works Director $45.48 $46.61 $47.76 $48.89 $50.03 $51.16 $53.10 $55.03 $56.97 $58.89 $60.83 25 Controller, Fire Deputy Chief $47.76 $48.95 $50.14 $51.34 $52.53 $53.72 $55.75 $57.78 $59.81 $61.84 $63.87 26 $50.17 $51.42 $52.68 $53.94 $55.19 $56.45 $58.58 $60.71 $62.84 $64.97 $67.11 27 Police Lieutenant $52.63 $53.95 $55.26 $56.58 $57.90 $59.21 $61.44 $63.69 $65.92 $68.16 $70.40 28 $55.28 $56.67 $58.05 $59.44 $60.81 $62.20 $64.55 $66.90 $69.25 $71.59 $73.95 Classified employees engaged in fire protection activities 18 Firefighter $24.25 $24.85 $25.45 $26.05 $26.65 $27.25 $28.28 $29.31 $30.35 $31.38 $32.41 19 $25.46 $26.09 $26.72 $27.36 $27.99 $28.62 $29.70 $30.78 $31.86 $32.95 $34.03 20 Fire Engineer $26.71 $27.38 $28.04 $28.70 $29.37 $30.03 $31.16 $32.30 $33.44 $34.57 $35.71 21 $28.07 $28.77 $29.48 $30.18 $30.89 $31.59 $32.78 $33.98 $35.17 $36.36 $37.56 22 Fire Captain, Fire Marshall $29.48 $30.21 $30.95 $31.68 $32.42 $33.15 $34.40 $35.66 $36.90 $38.16 $39.41 Page 1 of 2 Page 117 Fiscal Year 2026 Classification Plan and Salary Schedule Department Head Temporary Employees Range Minimum New Maximum Range A B C 23 $90,062 $126,086 1 $14.24 $14.60 $14.95 24 $94,602 $132,443 2 $14.95 $15.32 $15.70 25 $99,334 $139,067 3 $15.70 $16.09 $16.49 26 $104,361 $146,106 4 $16.49 $16.90 $17.31 27 $109,475 $153,264 5 $17.30 $17.73 $18.17 28 $114,991 $160,987 6 $18.18 $18.63 $19.09 7 $19.08 $19.56 $20.03 City Manager, City Clerk and City Attorney are Council-Appointed administrative offices with negotiated salaries 8 $20.43 $20.94 $21.45 9 $21.46 $22.00 $22.53 10 $22.52 $23.08 $23.65 11 $23.63 $24.22 $24.81 12 $24.84 $25.46 $26.08 13 $26.09 $26.74 $27.39 14 $27.39 $28.07 $28.76 15 $28.74 $29.46 $30.18 16 $30.18 $30.93 $31.69 17 $31.72 $32.51 $33.31 18 $33.28 $34.11 $34.94 19 $34.95 $35.82 $36.70 20 $36.68 $37.60 $38.51 21 $38.52 $39.48 $40.45 22 $40.45 $41.46 $42.47 23 $42.45 $43.51 $44.57 24 $44.59 $45.70 $46.82 25 $46.82 $47.99 $49.16 26 $49.19 $50.42 $51.65 27 $51.60 $52.89 $54.18 28 $54.20 $55.56 $56.91 29 $56.99 $58.41 $59.84 Finance Director, Police Chief, Public Works Director Human Resources Director, Library Director, Parks & Rec Director, Senior Center Director Planning Director Airport Manager Fire Chief Page 2 of 2 Page 118 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: David Swarner, Finance Director DATE: May 14, 2025 SUBJECT: Ordinance 3471-2025 - Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the Fiscal Year Commencing July 1, 2025 and Ending June 30, 2026 and Committing $2,850,457 of General Fund, Fund Balance for Future Capital Improvements. The purpose of this memo is to recommend enactment of Ordinance 3471-2025, Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the year commencing July 1, 2025 and ending June 30, 2026. The City Council held the following work sessions relating to the budget: December 4, 2024 to develop the FY 2026 Budget Goals. The Council established the FY 2026 Budget Goals with the approval of Resolution 2025-04 January 15, 2025. December 18, 2024 to discuss the Fiscal year 2026 – 2030 Capital Plan. The Capital Plan was approved by Resolution 2025-06 on January 15, 2025. May 3, 2025 for the Administration to present the draft FY 2026 Annual Budget including the Salary Schedule and Employee Classification Plan. The draft budget document is available for public review on the City’s website on the Finance Department page. Since the last budget work session some adjustments were made to the budget for a total increase of $52,904 in General Fund expenses due to a $18,404 increase in the contract for the management of investments (Finance), $30,000 increase for storefront improvements grants (Legislative) , $7,920 decrease in advertising (Legislative - moved to Non-Dept but not decreased in Legislative), and $4,500 increase for changes to grants to other agencies (Legislative). Changes for grant to other agencies are as follows: Kenai Chamber of Commerce holiday fireworks increased from $3,500 to $5,000 Industry Appreciation Day removed ($500) Kenai Watershed Forum increased from $1,500 to $2,500 Central Area Rural Transit System increased from $5,000 to $7,500. Also impacted by the increase for management of investments is Airport Fund $5,729, Water & Sewer Fund $3,988, Employee Health Care Fund $2,152, Equipment Replacement Fund Page 119 Page 2 of 2 $1,758, Congregate Housing $1,037, Fleet Replacement Fund $544 and Personal Use Fishery Fund $388. The total increase for management of investments for all funds is $34,000. The Administration will be available to answer questions regarding the FY 2026 budget during, or any time prior to, the public hearing on Ordinance 3471-2025. Page 120 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3472-2025 AN ORDINANCE ACCEPTING AND APPROPRIATING GRANT FUNDS FROM THE ALASKA HIGH INTENSITY DRUG TRAFFICKING AREA FOR DRUG INVESTIGATION OVERTIME EXPENDITURES. WHEREAS, the Kenai Police Department assists the regional drug task force on initiatives with funding availability through the Alaska High Intensity Drug Traffic Area (AK HIDTA); and, WHEREAS, funding through AK HIDTA is available to reimburse certain overtime expenditures for the Kenai Police Officers that assist the regional drug task force or directly participate in the task force on those HIDTA initiatives; and, WHEREAS, the overtime expense that was eligible for reimbursement from July of 2024 through the end of March, 2025 was $14,348.41; and, WHEREAS overtime for these additional expenditures for drug investigations were not budgeted and the Department is requesting appropriation into the overtime budget equal to the amount of the AK HIDTA funding. 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 funds from the AK HIDTA in the amount of $14,348.41 and to expend those funds to fulfill the purpose and intent of this ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – State Grants – Police $14,348.41 Increase Appropriations – Police – Overtime $14,348.41 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. Page 121 Ordinance No. 3472-2025 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 4TH DAY OF JUNE, 2025. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: May 21, 2025 Enacted: June 4, 2025 Effective: June 4, 2025 Page 122 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: May 1, 2025 SUBJECT: Ordinance No. 3472-2025 - Accepting and Appropriating Grant Funds from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. The Kenai Police Department participates in the regional drug task force. Between July of 2024 and March of 2025 certain overtime worked in conjunction with the regional drug task force was eligible for reimbursement through the Alaska High Intensity Drug Trafficking Area (AK HIDTA). The Police Department requested reimbursement for $14,348.41 in overtime expenditures. I am respectfully requesting consideration of the ordinance accepting and appropriating the grant funds for the purpose they were intended. Page 123 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3473-2025 AN ORDINANCE ACCEPTING AND APPROPRIATING A GRANT RECEIVED THROUGH THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS 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 American Society for the Prevention of Cruelty to Animals in the amount of $500; 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 $500 Increase Appropriations – Animal Control – Transportation $500 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 4TH DAY OF JUNE, 2025. ___________________________________ Brian Gabriel Sr., Mayor Page 124 Ordinance No. 3473-2025 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: May 21, 2025 Enacted: June 4, 2025 Effective: June 4, 2025 Page 125 MEMORANDUM TO: Mayor Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: May 5, 2025 SUBJECT: Ordinance 3473-2025 - Accepting and Appropriating a Grant Received Through the American Society for the Prevention of Cruelty to Animals to the Kenai Animal Shelter for Attendance at the Alaska Animal Control Association 2025 Training Conference. The Kenai Animal Shelter received a $500 scholarship from the ASPCA to assist with attendance to the Alaska Animal Control Association 2025 Training Conference. The $500 scholarship is to be used towards conference registration and lodging. The Conference will take place May 2nd-4th in Anchorage. I am respectfully requesting consideration of the ordinance accepting and designating those funds to the Kenai Animal Shelter as they were intended. Page 126 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3474-2025 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATION IN THE WASTEWATER, WATER & SEWER, AND MUNICIPAL ROADWAY IMPROVEMENTS CAPITAL PROJECT FUNDS TO TRANSFER RESIDUAL BALANCE FROM COMPLETED PROJECTS BACK TO THEIR ORIGINAL FUNDING SOURCES. WHEREAS, $46,206.43 remains in the Wastewater Facility Capital Project Funds from completed capital project for Masterplan & Rate Study; and, WHEREAS, transfer of the residual $46,206.43 to the Water & Sewer Fund, the fund from which the funds originated, will allow future appropriation of the funds for operations or future capital projects; and, WHEREAS, $67,035.05 remains in the Water & Sewer Capital Project Funds from completed capital project for Masterplan & Rate Study; and, WHEREAS, transfer of the residual $67,035.05 to the Water & Sewer Fund, the fund from which the funds originated, will allow future appropriation of the funds for operations or future capital projects; and, WHEREAS, $42,000 remains in the Water & Sewer Capital Project Funds from capital project for Lead Service Line Inventory Support Services that was completed by staff; and, WHEREAS, transfer of the residual $42,000 to the Water & Sewer Fund, the fund from which the funds originated, will allow future appropriation of the funds for operations or future capital projects; and, WHEREAS, $30,445.73 remains in the Municipal Roadway Improvements Capital Project Funds from completed capital project for First Avenue Roadway Repairs; and, WHEREAS, transfer of the residual $30,445.73 to the General Fund, the fund from which the funds originated, will allow future appropriation of the funds for operations or future capital projects; and, WHEREAS, transfer of residual project balances back to the originating fund is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the estimated revenues and appropriations be increased as follows: Wastewater Facility Capital Project Fund: Increase Estimated Revenues – Appropriation of Fund Balance $46,206.43 Increase Appropriations – Transfer to Water & Sewer Fund $46,206.43 Section 2. That the estimated revenues and appropriations be increased as follows: Page 127 Ordinance No. 3474-2025 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Water & Sewer Capital Project Fund: Increase Estimated Revenues – Appropriation of Fund Balance $109,035.05 Increase Appropriations – Transfer to Water & Sewer Fund $109,035.05 Section 3. That the estimated revenues and appropriations be increased as follows: Municipal Roadway Improvements Capital Project Fund: Increase Estimated Revenues – Appropriation of Fund Balance $30,445.73 Increase Appropriations – Transfer to General Fund $30,445.73 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 4TH DAY OF JUNE, 2025. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: May 21, 2025 Enacted: June 4, 2025 Effective: June 4, 2025 Page 128 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Swarner, Finance Officer DATE: May 9, 2025 SUBJECT: Ordinance 3474-2025 - Increasing Estimated Revenues and Appropriation in the Wastewater, Water & Sewer, and Municipal Roadway Improvements Capital Project Funds to Transfer Residual Balance from Completed Projects Back to their Original Funding Sources. The purpose of this memo it to recommend the enactment of Ordinance 3474-2025 that will transfer the remaining balance from a completed project back to the original funding source. These transfers will allow the residual funds to be appropriated for operations or new capital projects in the future. In total $46,206.43 will be returned to the Water & Sewer Fund from the Wastewater Facility Capital Project Fund for the completion of the Masterplan and Rate Study $46,206.43. In total $109,035.05 will be returned to the Water & Sewer Fund from the Water & Sewer Capital Project Fund for the completion of the Masterplan and Rate Study $67,035.05 and the Lead Service Line Inventory that was conducted in house $42,000. In total $30,445.73 will be returned to the General Fund from the Municipal Roadway Improvements for the completion of the First Avenue Roadway Repairs project. With the enactment of Ordinance 3474-2025, funds will be returned to their original funding source related to the Masterplan and Rate Study projects, the Lead Service Line Inventory project, the First Avenue Roadway Repairs project, where they will reside in fund balance until the passage of future ordinances appropriating the funds for operations or other capital projects Your support for the enactment of Ordinance 3474-2025 is respectfully requested. Page 129 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3475-2025 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND – LEGISLATIVE DEPARTMENT AND INCREASING THE PURCHASE ORDER AMOUNT TO BDO USA, P.C. FOR THE FY2024 AND FY2025 FINANCIAL AUDITS. WHEREAS, Council authorized a professional service contract for audit services through the passage of Ordinance 2021-25 at the April 21, 2021 meeting; and, WHEREAS, on August 28, 2024 the City executed a one year extension of the professional service contract for audit services for $55,000 continuing the contract through December 21, 2024; and, WHEREAS, in conjunction with the audit for the FY2024 Annual Comprehensive Financial Report BDO USA, P.C. (BDO) provided additional technical assistance for the preparation of financial statements; and, WHEREAS, the total cost for additional technical assistance of $22,000 for the FY2024 audit requires additional funding; and, WHEREAS, the annual audit fee will increase from $55,000 to $70,000 for the FY2025 audit; and, WHEREAS, the FY2026 City of Kenai Annual Budget will include sufficient funding for the City’s FY2025 financial audit for Council’s consideration as the final one-year extension of the contract is extended with a now termination date of December 31, 2025. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Upon adoption of the FY2026 City of Kenai Annual Budget, the City Manager is authorized to issue a purchase order in the amount of $70,000 for completion of the FY2025 financial audit and an amendment to the agreement with BDO USA, P.C. that reflects the same. Section 2. That the City Manager is authorized to execute a change order to BDO USA, P.C. in the amount of $22,000 for the FY2024 financial audit. Purchase Order 129818 is authorized to be increased from $55,000 to $77,000. Section 3. That the following budget revision is authorized: General Fund: Increase revenues – Appropriation of Fund Balance $22,000 Increase expenditures – Legislative – Professional Services $22,000 Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall Page 130 Ordinance No. 3475-2025 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] 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 4TH DAY OF JUNE, 2025. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: May 21, 2025 Enacted: June 4, 2025 Effective: June 4, 2025 Page 131 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Swarner, Finance Director DATE: May 13, 2025 SUBJECT: Ordinance No. 3475-2025 - Increasing Estimated Revenues and Appropriations in the General Fund – Legislative Department and Increasing the Purchase Order Amount to BDO USA, P.C. for the FY2024 and FY2025 Financial Audits. The purpose of this memo it to request Council’s approval to increase estimated revenues and appropriations from the General Fund for additional technical assistance provided during the FY2024 audit by BDO USA, P.C. In conjunction with the audit for the FY2024 Annual Comprehensive Financial Report BDO provided additional technical assistance in the preparation of the financial statements for GASB 87 related to the financial reporting of leases by the City and how to handle terminations that were permanent and others that occurred due to newly negotiated contracts. Additional technical assistance was provided for the implementation of GASB 100 related to the reporting of the Kenai Bluff Stabilization Project and the recording of the internal audit and subsequent disposals of capital assets. The cost for the additional technical assistance came to a total of $22,000. As new GASB statements are introduced, the scope of the auditor’s work increase. With the change in scope the final extension of the audit agreement for FY2025 would be $70,000. This aligns with cost experienced by other Cities our size and would be in the best interest of the City. The City Manager is executing a final one-year contract extension with BDO that expires on December 31, 2025. Administration may need to seek Council approval at a later date to extend further if the work cannot be completed in time. Council’s support is respectfully requested. Page 132 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: May 12, 2025 SUBJECT: Action/Approval - Extension to Memorandum of Understanding with the Kenai Historical Society. This memo requests Council approval for the City Manager to execute the attached extension of the Memorandum of Understanding (MOU) with the Kenai Historical Society for 5 years to manage and maintain the Historic Cabin Park in Old Town Kenai. On May 20, 2020, the Council approved Resolution 2020-32, entering into an MOU with the Kenai Historical Society to manage and maintain the Historical Cabin Park in Old Town Kenai. The purpose of the agreement was to support preservation, education, and tourism activities—goals the Historical Society has successfully achieved over the past several years. The original MOU included a provision allowing for extension upon mutual agreement. The Administration has maintained a positive working relationship with the Historical Society and greatly values their continued contributions to the community. Attached is a letter from the Historical Society formally requesting an extension of the MOU. Your support is respectfully requested. Page 133 2025 Kenai Historical Society, LLC, MOU Extension Page 1 of 2 EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF KENAI AND THE KENAI HISTORICAL SOCIETY The CITY OF KENAI (City) whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611 and the KENAI HISTORICAL SOCIETY, INC. (Historical Society) whose address is P.O. Box 1348, Kenai Alaska, 99611, hereby extend the Memorandum of Understanding (MOU) as follows: 1. As approved by City of Kenai Resolution No. 2020-32, the MOU is extended by mutual agreement until May 30, 2030. 2. Except as expressly modified or stated herein, all other terms and conditions of the Agreement remaining in full force and effect. CITY OF KENAI BDO USA, LLP, By: By: Terry Eubank Date June B. Harris Date City Manager President 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 135 2025 Kenai Historical Society, LLC, MOU Extension Page 2 of 2 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ____ day of __________, 2025, by June B. Harris, President, Kenai Historical Society, an Alaska municipal corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: ATTEST: City Clerk SEAL: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Page 136 KENAI AIRPORT COMMISSION – REGULAR MEETING MAY 8, 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 May 8, 2025 MINUTES A. CALL TO ORDER A Regular Meeting of the Airport Commission was held on May 8, 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 Jacob Caldwell Dan Knesek James Zirul A quorum was present. Absent: Cody Whicker Also in attendance were: Derek Ables, Airport Manager Sarah Conley, Airport Administrative Assistant Phil Daniel, City Council Liaison **Joshua Bolling, Student Representative 3. Agenda Approval MOTION: Vice Chair Minelga MOVED to approve the agenda as presented. Commissioner Caldwell 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. April 10, 2025 Regular Meeting Minutes MOTION: Commissioner Bielefeld MOVED to approve the April 10, 2025 Airport Commission minutes. Commissioner Knesek SECONDED the motion. VOTE: There being no objection; SO ORDERED. Page 137 Airport Commission Meeting Page 2 of 3 May 8, 2025 E. UNFINISHED BUSINESS – None. F. NEW BUSINESS 1. Discussion/Recommendation - Recommending Council Award a Special Use Permit to Empire Airlines for 11250 square feet of apron space for aircraft parking. MOTION: Commissioner Caldwell MOVED to recommend City Council award a Special Use Permit to Empire Airlines for 11250 square feet of apron space for aircraft 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. VOTE: There being no objection; SO ORDERED. 2. Discussion/Recommendation – Recommending Council Approve the First Amendment to the Agreement for ATM Services with Tyler Distributing Company, Inc. MOTION: Commissioner Knesek MOVED to recommend City Council approve the First Amendment to the Agreement for ATM Services with Tyler Distributing Company, Inc. Commissioner Caldwell 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 contract for Janitorial Services for the Airport Terminal. MOTION: Commissioner Caldwell MOVED to recommend City Council award a contract for Janitorial Services for the 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. G. REPORTS 1. Airport Manager – Airport Manager Ables reported on the following: • Kenai Peninsula Air Fair is June 14. • Aleutian Airlines starts flying June 6. • Part 139 Inspection took place this week. 2. Commission Chair – Chair Feeken encouraged everyone to attend the Kenai Peninsula Air Fair. 3. City Council Liaison – Council Member Daniel reported on recent actions of the City Council. [Clerk’s Note: Commissioner Zirul arrived 6:09 p.m.] H. ADDITIONAL PUBLIC COMMENTS – None. Page 138 Airport Commission Meeting Page 3 of 3 May 8, 2025 I. NEXT MEETING ATTENDANCE NOTIFICATION – June 12, 2025 Commissioner Knesek noted he may attend remotely. J. COMMISSION QUESTIONS AND COMMENTS Vice Chair Minelga asked about the inspection; it was reported that it went well. K. ADJOURNMENT L. INFORMATIONAL ITEMS 1. Administrative Report There being no further business before the Airport Commission, the meeting was adjourned at 6:12 p.m. I certify the above represents accurate minutes of the Airport Commission meeting of May 8, 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 139 KENAI PARKS & RECREATION COMMISSION – REGULAR MEETING MAY 1, 2025 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR GRANT WISNIEWSKI, PRESIDING Parks & Recreation Commission Meeting Page 1 of 3 May 1, 2025 MINUTES A. CALL TO ORDER A Regular Meeting of the Parks & Recreation Commission was held on May 1, 2025, in the Kenai City Council Chambers, Kenai, AK. Chair Wisniewski called the meeting to order at approximately 6:06 p.m. 1. Pledge of Allegiance Chair Wisniewski led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Grant Wisniewski, Chair Michael Bernard Sharon Fisher Marti Pepper Bridget Grieme A quorum was present. Absent: Kyle Graham, Vice Chair Charlie Stephens Also in attendance were: Tyler Best, Parks & Recreation Director Jenna Brown, Parks & Recreation Assistant Director Meghan Thibodeau, Deputy City Clerk Alex Douthit, City Council Liaison 3. Agenda Approval MOTION: Commissioner Bernard MOVED to approve the agenda as presented. Commissioner Fisher 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. April 3, 2025 Regular Meeting Minutes MOTION: Commissioner Grieme MOVED to approve the April 3, 2025 Parks & Recreation Commission minutes. Commissioner Bernard SECONDED the motion. VOTE: There being no objection; SO ORDERED. Page 140 Parks & Recreation Commission Meeting Page 2 of 3 May 1, 2025 E. UNFINISHED BUSINESS – None. F. NEW BUSINESS 1. Discussion/Recommendation - Approval of City of Kenai Leif Hansen Memorial Park Policy No. PRK-70.002. MOTION: Commissioner Bernard MOVED to recommend approval of City of Kenai Leif Hansen Memorial Park Policy No. PRK-70.002. Commissioner Fisher SECONDED the motion. Director Best gave a staff report from information provided in the work session packet. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 2. Discussion/Recommendation - Amending the Kenai Municipal Cemetery Regulations and Fee Schedule, to Revise Marker and Headstone Regulations and Other Housekeeping Amendments. MOTION: Commissioner Bernard MOVED to recommend amending the Kenai Municipal Cemetery Regulations and Fee Schedule, to Revise Marker and Headstone Regulations and Other Housekeeping Amendments. Commissioner Fisher SECONDED the motion. Deputy Clerk Thibodeau gave a staff report from information provided in the packet. Clarification was provided that the Clerk’s Office was working on a long-term plan for identifying and marking plots that were unmarked or improperly marked. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 3. Discussion/Recommendation - Amending the Kenai Recreation Center Open Hours. MOTION: Commissioner Bernard MOVED to recommend amending the Kenai Recreation Center Open Hours. Commissioner Pepper SECONDED the motion. Director Best gave a staff report from information provided in the packet, and explained the different times being considered and what factors played into the suggested hours of operation. VOTE: YEA: Wisniewski, Bernard, Fisher, Pepper, Grieme NAY: None ABSENT: Graham, Stephens MOTION PASSED. G. REPORTS 1. Parks & Recreation Director – Director Best reported on the following: • Yellow bags for garbage pickup are available at the Chamber building. • Recognized Dan Belmer, President of the Rugby Club and his commitment to the garbage pickup effort in years past. • Discussed slash and how it is defined, and what metrics are tracked at the City Slash Site. Page 141 Parks & Recreation Commission Meeting Page 3 of 3 May 1, 2025 2. Commission Chair – No report. 3. City Council Liaison – Council Member Douthit reported on recent actions of the City Council. H. ADDITIONAL PUBLIC COMMENTS – None. I. NEXT MEETING ATTENDANCE NOTIFICATION – June 5, 2025 J. COMMISSION QUESTIONS AND COMMENTS Commissioner Pepper asked if there would be a 5:30 p.m. meeting next month; it was noted there was not currently one scheduled. Commissioner Fisher asked about scheduling for the Parks Tour; it was clarified that a date had not been set. Director Best noted that there is a community survey open for feedback regarding the Parks Master Plan. K. ADJOURNMENT L. INFORMATIONAL ITEMS 1. Event Flyers There being no further business before the Parks & Recreation Commission, the meeting was adjourned at 7:04 p.m. I certify the above represents accurate minutes of the Parks & Recreation Commission meeting of May 1, 2025. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 142 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Dave Ross, Police Chief FROM: Juliana Scherma, Animal Control Chief DATE: May 2, 2025 SUBJECT: April 2025 Monthly Report This month the Kenai Animal Shelter took in 21 animals. DOGS: INTAKE 16 DISPOSITION 18 Waiver 10 Adopted 11 Stray 5 Euthanized 1 Impound 1 Claimed 6 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 0 CATS: INTAKE 5 DISPOSITION 7 Waiver 3 Adopted 6 Stray 2 Euthanized 1 Impound 0 Claimed 0 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 0 Page 143 Page 2 of 2 0 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 38 Field Investigations & patrols 4 Pet Food Bank Request 3.75 Volunteer Hours Logged 0 Citations 3 Educational Outreach 40 Microchips Total Animal Contacts: 6 Animals are known borough animals 6 Animals are known City of Kenai 9 Animals are known City of Soldotna 0 Animals are unknown location Statistical Data: 190 2023 YTD Intakes 148 2024 YTD Intakes 110 2025 YTD Intakes This month, the shelter actively engaged with the community through several impactful events. It welcomed a local Girl Scout troop for an educational visit, providing the scouts with insight into animal care and enrichment. Shelter staff also attended the Kenai Easter Egg Hunt. We were able to connect with local families, give out free animal related items, and advertise for the upcoming rabies clinic and spay/neuter clinic. At the end of the month, the shelter hosted a successful public rabies clinic, providing low-cost vaccinations and microchipping for over 60 community pets. Staff and volunteers worked efficiently to deliver high-quality care while promoting public health and responsible pet ownership. OTHER ANIMALS: INTAKE 0 DISPOSITION 0 Chinchilla 0 Chinchilla 0 DOA: 0 OTHER STATISTICS: Dog 0 Licenses (City of Kenai Dog Licenses) 33 Cat 0 Rabies Clinic 61 Rabbit 0 Bird 0 Page 144 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: May 10, 2025 SUBJECT: Airport Mid-month Report April 2025 The Airport successfully completed the bid process for janitorial services, securing a provider to maintain high standards of cleanliness throughout the facility. Planning for the June 14 Air Fair is progressing smoothly, with strong vendor interest and a variety of exciting prizes donated for the Show and Shine event. The community's enthusiasm continues to build as preparations move forward. Additionally, the Runway Safety Action Team (RSAT) meeting was held on April 14 in coordination with the Air Traffic Control Tower to review airfield operations and discuss safety enhancements. Operational readiness remains a top priority. The Operations and Police departments completed their annual wildlife hazard management training, reinforcing safety protocols across the airfield. On April 28, the Airport also conducted its post-season snow meeting to assess the winter response and identify areas for improvement. These initiatives reflect the Airport’s ongoing commitment to safety, efficiency, and public engagement. Page 145 Page 2 of 3 Airport Mid-Month Report Page 2 of 3 ENA Airline Enplanements Month Grant 2025 Kenai 2025 Grant 2024 Kenai 2024 Total 2025 Total 2024 Change from 2024 to 2025 January 4466 1003 3218 1719 5469 4937 532 February 4001 917 3207 1553 4918 4760 158 March 3973 1072 3508 1325 5045 4833 212 April 3847 1326 5173 May 4024 1546 5570 June 4635 1624 6259 July 6585 2231 8816 August 7584 2798 10382 September 5291 1583 6874 October 5090 1528 6618 November 4301 1267 5568 December 4338 1321 5659 Total 12440 2992 55628 19821 15432 75449 902 0 2000 4000 6000 8000 10000 12000 2024 -2025 ENPLANEMENTS Total 2025 Total 2024 Page 146 Page 3 of 3 Airport Mid-Month Report Page 3 of 3 Tower Operations Year 2022 2023 2024 2025 January 2882 4009 4927 4451 February 3117 2965 4313 5250 March 4069 4874 5192 6099 April 4697 4957 6022 6215 May 5472 6786 6297 June 6072 5660 6998 July 5654 6337 6991 August 5020 6007 7602 September 5215 5950 6118 October 5312 5724 5710 November 3517 3404 5140 December 2907 3699 4010 Total 53934 60372 69320 22015 Page 147 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Swarner, Finance Director DATE: May 9, 2025 SUBJECT: Finance Department Mid-Month Report – April 2025 The department is preparing for the adoption of the City’s FY2026 Budget. The budget ordinance 3471-2025 introduction is schedule for the May 21st Council meeting and Budget adoption is scheduled for the June 4th. City code requires adoption by June 10th. The Resolution establishing the 2024 mill rate is also scheduled for adoption on June 4th to coincide with adoption of the FY2025 Budget Ordinance. The FY24 ACFR was presented to council on April 16th. Also being prepared for the June 4th meeting is a resolution to amend the City’s Schedule of Rates, Charges and Fees. The amendment will include those increases included in the FY2026 Budget. PERS submissions for prior periods were completed before the April 30th deadline. We are back on the regular schedule for PERS payments. Page 148 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Jay Teague, Fire Chief DATE: May 8, 2025 SUBJECT: Fire Department Mid-Month Report – March. April 2024 2025 % change Month totals 101 98 -3% EMS 71 74 +4.2% All Other 30 24 -20% Year Total 527 498 -5.5% Total training hours: • Total recorded hours- (384) Special Topics/external training • Attended CINGSA Plant Annual Site Safety Training • FF Nelson successfully completed ARFF Academy • Attended training with Coast Guard Flotilla • ARFF Audit complete in preparation for FAA Inspection • New Hire FF Marcus Lopez onboarded (B-Shift) • SEMT Documentation submitted for City of Kenai • Division of Forestry Wildland Fire Annual Refresher completed. Upcoming training/events • Coast Guard Water Operations Training • Preparing for Tri-Annual Airport Drill • Kenai hosted FEMA ICS 300/400 Courses at Regional Training Center (KFD had 6 officer attendees) • Bluff Stabilization Project Site Safety Inspection scheduled for May 8th. • Annual ARFF Live Fires Scheduled Page 149 Page 2 of 2 Projects/Grants/Misc: • Still waiting for awarding of AFG grant (April timeframe for awarding). • Have not received SEMT Final Payments. • Contracts completed with FIRST DUE; department will begin integration in May for the new RMS platform. • New HandTevy Platform acquired; will be online after training in May. Budget/Misc: • New Firefighter, Scott Butler starts work mid May. • Fire Marshal completed 25 scheduled Facility Inspections for April. Page 150 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, Human Resources Director DATE: May 7, 2025 SUBJECT: Human Resources Activity – April 2025 Recruitment Human Resources worked with the Public Works Department to recruit and hire a Utility Operator. The Parks Department is actively recruiting for Temporary Maintenance and Temporary Fishery W orkers as well as a part-time Recreation Center Attendant. The Senior Center is recruiting to fill a part-time driver position. Kenai Police department is currently recruiting for a full-time public safety dispatcher. Safety There were two accident reports submitted in April, with no employee injuries. Employee Recognition and Awards The following Employees received certificates of appreciation in recognition of their years of employment with the City: 5 years: Eric Jean, Makayla Derkevorkian, Katja Wolfe, Hannah Meyer, Stephen Turkington, Mitchel Miller, Jennifer Savely; 10 years: Scott Morris, Dustin Voss, Terry Franzini, Kristi Hershberger, Rebecca Bush, Marti Anderson, Stacey Day, Cory Lehl; 15 years: Kayla Feltman; 20 years: Quincy Blatchford, Susan Joy; 30 years. Special Projects Human Resources continues to work with Administration to develop written Human Resources policies and procedures that support and align with Kenai Municipal Code. Having clear policies and procedures will help to provide consistent guidance to employees, ensuring that expectations, responsibilities, and processes are understood across all departments. Human Resources attended the Kenai Peninsula Job Fair representing the City of Kenai to promote job opportunities highlighting our summer temporary positions. Representatives from Parks and Recreation, Police and Fire Departments also participated throughout the day. Page 151 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe, Library Director DATE: May 3, 2025 SUBJECT: Library Report for April 2025 CIRCULATION 6,492 6,442 7,468 1,684 1,765 2,019 2023 2024 2025 Physical Checkouts April Digital Checkouts April PROGRAMS AND EVENTS 282 94 182 482 Everyone Adults Children Babies and Toddlers SERVICES 6623 Visitors 43 New Members 548 Computer Sessions 6615 WiFi Sessions 213 Room Reservations 407 Hours of Use 1040 Participants 72 Programs Program Attendance 4,974 1,372 2,019 535 86 Print DVD Digital Other Audio *Does not include in-house use. Page 152 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: May 12, 2025 SUBJECT: Mid-Month Report-April Parks and Recreation conducted interviews for all summer positions this month. Meanwhile, maintenance staff have been inspecting playgrounds and preparing the soccer, baseball, and softball fields for the season. On April 19th, we held the annual Easter Egg Hunt at Municipal Park. Approximately 3,000 eggs were hidden throughout the park, and in an estimated 45 seconds, they were all picked up. To ensure no child went without getting an egg, the Easter Bunny kept extra eggs on hand to hand out afterwards. On April 29th, Parks and Recreation hosted a public workshop at the Kenai Chamber to gather initial input for its Master Plan. All community members were invited to attend. For those unable to join in person, an online survey was made available and remained open through May 21st. On Saturday, May 31st, we will be hosting our annual plant day event (see flyer below) and our annual Kite Festival (see flyer below). Rec Center Visits April Weight Room/Cardio Room 1237 Racquetball /Wallyball 290 Shower/Sauna 132 Gymnasium 1230 Gym Rental Visits 582 Total Number of Visits 3471 Page 153 Page 154 Page 155 Page 156 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: May 13, 2025 SUBJECT: Kenai River Special Management Area (KRSMA) Advisory Board Meeting Recap Tyler Best is the City of Kenai representative for the KSRMA Advisory Board. The City of Kenai is a voting member of this advisory board. The Kenai River Special Management Area Advisory Board was originally created in 1985 under the authority of A.S. 41.21.510. The original Board was charged with developing a comprehensive management plan for the Kenai River. The original Comprehensive Plan was completed, and the Board disbanded in 1986. In 1988, a new board was appointed to advise the Department of Natural Resources on implementing the Plan. In 1997, the Board worked to update the Kenai River Comprehensive Management Plan, and it was adopted in December 1997. In May 2004, the Alaska Legislature passed a bill that changed the composition of the board from what the law had directed in the original 1984 KRSMA statute. Attached is a recap of the KRSMA meeting held on March 13th at 5:30 pm and April 10th at 5:30 pm at the Kenai Wildlife Refuge. Page 157 Page 2 of 5 Kenai River Special Management Area Advisory Board Meeting Recap I attended the Kenai River Special Manager Advisory Board meeting on March 13th at 5:30 p.m. The Board consists of 17 members: 9 public members, three agency voting members, and five agency non-voting members. Public Comment Kevin Duffy from Trout Unlimited and Alexa Millard shared several educational and outreach initiatives currently underway. They announced an upcoming youth fly fishing camp and a planned riparian planting day in Hope. They are also organizing coastal stewardship classes in Seward and working with the store The Goods to offer additional educational sessions. A community event, “Day at the River,” will be held at Centennial Park on May 10 from 10 a.m. to 4 p.m., featuring educational activities and a gear swap. There was also positive feedback about the City of Soldotna’s support and a suggestion to develop the Kenai River Guide Ambassador Program further. Alaska State Parks Report • Seeking seasonal employee housing in Homer and Seward; most KRSMA associated positions are filled. • Seasonal hiring begins mid-May. • In-water work permits are beginning to come in—any significant private projects will be reported to the KRSMA board. • Recruitment is open for board seats; three positions will expire in 2025. • Piling removal at "the Keys" is underway DEC Report • Preparing for a busy summer field season. • Rain garden installed by Kenai Peninsula Borough for educational use ADF&G Report • No report. United States Fish and Wildlife Service • No report. United States Forest Service • Ongoing hiring struggles at Russian River. Currently, only one staff member is assigned to the area. • Seeking additional coverage, especially a law enforcement officer before the fishing season. • Russian River Road construction will begin March 24 and continue until just before Memorial Day. Full traffic flow expected in June, with paving in August. • Alex McLain will be present Wednesday through Sunday during peak season. City of Kenai • Bluff erosion project ongoing—rock delivery scheduled around May 17. Page 158 Page 3 of 5 City of Soldotna • Seasonal job postings are active. • The outflow project is in progress. Upcoming work includes repacking the river screen next month. • Questions raised about budgeting for lagoon dredging ; ideally scheduled every 5 years. Kenai Peninsula Borough • Quiet period, though bond discussions are expected at the next meeting. • Monitoring state legislative developments that may impact the borough. Committee Reports Guide Advisory Committee • Met to discuss commercial use stipulations at Eagle Rock Boat Launch. • State Parks clarified that guides may launch boats but not stage clients at Eagle Rock. • Proposal to remove guide-specific restrictions to ensure clarity and fairness. • Review of 23 stipulations; generally, 2–3 reviewed per year. • Committee expressed concern over the process for stipulation enforcement and requested early consultation on changes. Motion: Write a letter to the Commissioner requesting a stipulation review and a reset across the board. Passed unanimously. ( Recommend that State Parks include all stipulations transparently and remove Stipulation #32, with clear language that avoids phrases like "revocable at will.) Public Comment No Public Comment Discussion Review the attendance policy and remove members who have violated it per the bylaws. To reviewed at the next meeting Kenai River Special Management Area Advisory Board Meeting Recap I attended the Kenai River Special Manager Advisory Board meeting on April 10th at 5:30 p.m. The Board consists of 17 members: 9 public members, three agency voting members, and five agency non-voting members. Meeting Date: April 10 Presentations I. State Parks / USFWS Special Use Permit Presentation – Repair and Habitat-Related Permits • Presentation focused on the permitting process guided by the matrix outlined in the Kenai River Management Plan by zone. • The matrix ensures uniformity among agencies issuing permits and avoids conflicts. • The index is in the KRSMA management plan Page 159 Page 4 of 5 Agency Reports DNR State Parks • Schematic design is underway for Big Eddy site improvements. • Multiple state park landings have opened for the season. • Host hiring is complete for 2025 in the KRSMA area, including 10 volunteers. • Funding was secured for trail work at Morgan’s Landing and Bing's Landing. • Rising gold prices have increased interest in recreational gold mining. Regulations are in place under KRSMA, and additional lands may be considered for mining access. DEC • Working on a Homer-area marine beach pathogen monitoring program. • Partnering with Kachemak Land Trust on the "Baby Salmon Live Here Too" outreach project. • Conducting a water quality assessment by sampling 50 sites from Kachemak Bay to Chinitna Bay, focusing on areas with high cruise ship activity. ADF&G • No formal report submitted at this meeting. USFWS • Construction on the Russian River boardwalk is halfway complete. • Dead trees are being removed to protect new structures. • Dolly Varden area repairs are in progress; funding was reallocated for the project. • Seasonal hiring has been approved; however, the permitting office is understaffed, and hours may not be accurate that are posted—permit seekers are advised to call ahead. USFS • Alex McLain continues as only Russian River Coordinator due to a hiring freeze. • Tim Lorenzini is leaving the Forest Service. • New mining plan requests are increasing following a federal push for logging and land productivity. • Quartz Creek is now open with no fee or services. • Russian River Road construction resumed and will continue until Memorial Day weekend. City of Kenai • Dock remains open, though the bathrooms are closed. City of Soldotna • Hiring for campground staff is underway, with campgrounds set to open mid-May. • The outflow project on the river is expected to proceed quickly once initiated. Kenai Peninsula Borough • Roof repair contract for the Kenai River Center is being awarded. • The borough is reviewing property tax assessments and requesting the legislature to consider caps on property mils. Committee Reports • Guide Advisory Committee – No meeting has been held since the last report. • Habitat/River Use Committee – No meeting held. Old Business • Reviewed the absences of several board members. One resignation was excused due to valid reasons; another member’s situation was reviewed. Page 160 Page 5 of 5 New Business • Discussed and moved to remove Wayne Wilson from the KRSMA board for violating the attendance policy. The President of the board said he had made several attempts to contact him, but had not heard back from Mr.Wilson. a.The City of Kenai and the Kenai Borough did not support the motion. Both said that they would give no vote on the matter. b. Mr.Wilson was at the meeting and spoke up after the discussion, and said he would attend future meetings, and the motion of the floor was rescinded. • Revision of a commission letter is in progress to include corporate entities. Discussion/Announcements Announcements • Matt Conner (USFWS) announced his resignation. • Noted letter noting Ted’s resignation from the board. Public Comment • Acknowledgment to the City of Kenai for efforts to get the dock installed. Page 161 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Kevin Buettner, Planning Director FROM: Beth McDonald, Planning Assistant DATE: May 7, 2025 SUBJECT: Planning and Zoning – April 2025 Monthly Report General Information The Planning and Zoning Department has been engaged with the development of a presentation for the City of Kenai for the CDC’s Walkability Action Institute Kenai Peninsula group. Code Enforcement remains a centerpiece of the department, as we strive to ensure full compliance with the new policies. Due to changes at the Federal level, the Hazard Mitigation Plan is not moving forward as funding for completion is not available. The department is considering alternative plans to position the City for current and future grant funding opportunities. The Planning and Zoning Department has also been active in the City working group for the Airport Master Plan, guiding development at the Kenai Municipal Airport into the future. Department Summary Lands & Leases: • Continued updating of P/W water and sewer map • Continued cleaning up Zoning map • Continued reviewing and itemizing of leases • Discussed plats, easements and leases with various departments, surveyors and members of the public • Negotiated City Lands Appraisal Bid • Special Use Permits for NILCHIL Solutions and Weaver Bros. • Executed and recorded ENA (Everts Air Fuel) Lease of Airport Lands • Worked with Borough Planning to correct GIS errors within City limits • Discussions with KPHI re: impending subdivision design Planning & Zoning:  See attached report. Page 162 Page 2 of 2 Code Enforcement and Compliance In April, Planning and Zoning received two (2) complaints, and one (1) cases was closed. Cumulatively, there are a total of nine (9) still open cases for 2024, eleven (11) for 2025. Staff continues to work to stay up to date with Code Enforcement, and work with property owners to bring their properties into compliance with Kenai Municipal Code. See attached report for the current case breakdown and statuses. Planning and Zoning Commission One (1) public meeting was held in the month of April with the following actions/recommendations. PZ2025-14 - Recommending Approval to Rezone 28 Parcels Located Near the Intersection of the Kenai Spur Highway and Wildwood Drive from Suburban Residential (RS) to General Commercial (CG) Zoning District. Commissioner Joe Halstead stepped down from the Planning& Zoning Commission, with his last day being March 26th. During the April 23rd meeting, Jeanne Reveal joined the Commission. Jeff Twait was elected chair, and Sonja Earsley stepped into the Co-Chair position. Page 163 Page 164 Page 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: May 5, 2025 SUBJECT: Police & Communications Department Activity – April 2025 Police handled 476 calls for service in April and 206 calls were received by dispatch via 911. Officers made 34 arrests. Traffic enforcement resulted in 164 traffic contacts with 45 traffic citations issued and there were 6 DUI arrests. There were 12 reported motor vehicle collisions. There were no collisions involving moose or caribou, and 1 collision involving drugs or alcohol. One new Officer completed his third of four months at the Police Academy in Sitka. The officer on the regional SWAT team attended two days of training. One police supervisor attended the Alaska Emergency Management Conference for four days in Anchorage. Two police supervisors attended two Incident Command System classes, hosted in Kenai, for five days. One officer attended a week-long Crisis Negotiation class in Nevada. One Officer attended a week-long Child Interview class in Anchorage. One dispatcher attended the week-long Navigator 2025 Public Safety Conference in Florida. One new police officer from Utah will start employment in Kenai on May 12th and that officer is a lateral officer with significant experience. Due to a new vacancy, the Dispatch Center is recruiting for for a full-time dispatcher position. Pursuant to Kenai Municipal Code section 7.15.090(d)(2), 14,350 rounds of .40 & .45 caliber ammunition were traded to 907 Ammo and Great Northern Guns in exchange for 9mm ammunition (The Department has undergone a transition to 9mm handguns). This notification of disposal is intended to meet the requirements of KMC 7.15.090(d) to report the disposal of police property to the City Manager and City Council. The School Resource Officer (SRO) participated in an intruder drill at KCHS and also participated in Prom. The SRO taught DARE classes at Kaleidoscope. The SRO also handled a number of police related calls at various schools. Page 166 Page 2 of 2 1947 938 1694 905 1844 9810 1000 2000 3000 Total Police Service Calls 911 Calls Received 2023(Jan 1 - Apr 30)2024(Jan 1 - Apr 30)2025(Jan 1 - Apr 30) Page 167 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Lee Frey, Public Works Director DATE: May 12, 2025 SUBJECT: Public Works Mid-month Report May 2025 Capital Projects currently in process: • Parks & Recreation Master Plan – Project ongoing • Emergency Services Facility Assessment – Project ongoing • Dugout Replacement Construction – Project ongoing • KMA Apron Sealcoating and Crack Sealing – Bids opened, Waiting for FAA Funding • Kenai Municipal Airport Runway Rehabilitation Project - In design phase • Kenai Municipal Airport Operations Building HVAC Controls Upgrade & Boiler Replacement Project – Construction/Submittal approvals through FAA • Kenai Municipal Airport Master Plan Update – In process • USACE Kenai Bluff Bank Stabilization Project – Construction to start May 16 • Wastewater Plant Digester Blowers Replacements – Reviewing bid • Water Treatment Plant Pumphouse – In design • Harbor Float Replacement – Procuring materials • Aliak Storm Drain Repairs – Contracting with design engineer to begin project • Community Wildfire Protection – Out to Bid • Vintage Pointe Recarpeting – Reviewing quotes Capital Projects in planning to be released this fiscal year: • Senior Center Front Entry and Canopy Repair • Vintage Point Kitchen/Bathroom Remodel Design • Sewer Lift Station Upgrades • Street Lighting Improvement Design • Trading Bay Road Sewer Insulation The Building Department has issued 28 residential and 17 commercial building permits so far in calendar year 2025. Page 168 Page 2 of 2 Public Works Mid-Month Report Hydrant flushing is completed and utility crews are spending significant time completing locates for Enstar work. The Streets crew has begun ditching operations on the west side of town. The Shop is preparing equipment for summer operations and starting on the surplus auction. The Building crew has been assisting with dugout construction and installing pre-filters on buildings to reduce potential of volcanic ash entering HVAC systems. Branden Skinner is filling our vacant Utility Operator position and expected to start on June 2nd. Page 169 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Kathy Romain, Senior Center Director FROM: Astrea Piersee, Administrative Assistant III DATE: May 1, 2025 SUBJECT: April 2025 Monthly Report April arrived at the Kenai Senior Center along with the return of late-season snowbirds and seniors eager to get out of the house and enjoy the warming temperatures. The center has seen an increase in participation in both the Widows and Widowers grief support group and the Stronger Together caregiver support group. This month’s highlights included a no-host dinner at China Sea, an Easter celebration complete with egg decorating and an egg hunt, an Easter-themed sewing craft project, and a performance by the center’s choir. 2025 2024 Home Delivered Meals 2023 2016 Individuals 104 98 Dining Room (Congregate) Meals 979 1070 Individuals 145 134 Transportation (1-way rides) 150 275 Individuals 21 21 Grocery Shopping Assistance 11/28 11/23 Writers Group 29 23 Caregiver Support Group 8 15 Growing Stronger Exercise 298 272 Tai Chi Class 57 41 TOPS Weight Loss Class 65 80 Bluegrass & Music Sessions 88 43 Card Games 105 68 Wii Bowling 16 17 Arts & Crafts 29 14 Total Event Sign-ins * 2027 1869 Individuals * 212 196 Vintage Pointe Manor Vacancies 0 0 *(not including home meals clients) Page 170 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager THROUGH: David Swarner, Finance Director FROM: Jennifer Anderson, Controller DATE: April 25, 2025 SUBJECT: Quarterly Financial Report – March 31, 2025 Attached is a relatively easily produced quarterly financial report for the General Fund, Personal Use Fishery Fund, Airport Fund, Water/Sewer Fund, and Senior Fund as of March 31, 2025. This report is essentially on a cash basis, so there are accounts that may not look reasonable. In the General Fund, for example, the majority of the property tax is collected in September and November, thus, tax revenues will level out over the remainder of the year. State and Federal revenue is below budget in all funds because of PERS aid. The State doesn’t actually give us any money. Instead, they make an ‘on-behalf’ payment to the pension system. Similarly, we have not booked expenditures for the PERS that the State is covering, so the Non- Departmental department is way under budget. At year-end, we will record revenue and expenditures for these items. The year-to-date expenditures are in line with expectations across all funds. Page 171 Quarterly General Fund Expenditure Report For Quarter Ended March 31, 2025 7/1/2023 7/1/2024 7/1/2024 7/1/2024 6/30/2024 7/1/2024 6/30/2025 3/31/2025 Original * FY2024 FY2025 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 855,826$ 1,004,909$ -$ (1,004,909)$ 0.00% Taxes 14,415,221 14,550,814 14,550,814 10,722,225 (3,828,589) 73.69% Licenses/Permits and Ambulance 1,193,996 1,119,395 1,119,395 1,188,038 68,643 106.13% State/Federal 570,399 697,430 700,509 324,515 (375,994) 46.33% Dock/Multipurpose/Miscellaneous 251,531 208,600 208,600 241,197 32,597 115.63% Fines and Forfeitures 71,047 74,200 74,200 57,484 (16,716) 77.47% Interest and Miscellaneous 1,403,781 839,020 867,020 1,055,318 188,298 121.72% Transfers/Central Admin Fees 2,044,449 2,060,478 2,060,478 1,375,650 (684,828) 66.76% Total Revenues 19,950,424 20,405,763 20,585,925 14,964,428 (5,621,498) 72.69% EXPENDITURES & TRANSFERS General Government 01 City Clerk 343,325$ 395,086$ 395,086$ 255,645$ 139,441$ 35.29% 11 Legislative 154,621 193,758 193,758 133,722 60,036 30.99% 12 Legal 392,939 453,734 453,734 329,551 124,183 27.37% 13 City Manager 479,894 509,738 510,238 382,380 127,858 25.06% 14 Human Resources 207,654 215,294 215,294 147,322 67,972 31.57% 15 Finance 898,315 1,019,688 1,019,688 684,601 335,087 32.86% 16 Land Administration 14,357 93,400 135,650 48,256 87,394 64.43% 18 Non-Departmental 815,167 1,225,517 1,224,284 809,857 414,427 33.85% 19 Planning and Zoning 271,792 382,395 382,395 247,715 134,680 35.22% 20 Safety 1,635 3,500 3,500 2,105 1,395 39.86% Total General Government 3,579,699 4,492,110 4,533,627 3,041,154 1,492,473 32.92% Public Safety 21 Police 3,721,924 3,905,469 3,905,469 2,744,167 1,161,302 29.74% 22 Fire 3,690,044 3,947,290 3,947,290 2,863,046 1,084,244 27.47% 23 Communications 904,050 1,039,422 1,039,422 756,551 282,871 27.21% 29 Animal Control 471,494 499,669 499,669 341,687 157,982 31.62% Total Public Safety 8,787,512 9,391,850 9,391,850 6,705,451 2,686,399 28.60% Public Works 31 Public Works Administration 172,412 203,895 260,891 178,112 82,779 31.73% 32 Shop 651,121 779,642 779,642 529,312 250,330 32.11% 33 Streets 1,082,800 1,159,575 1,159,575 530,110 629,465 54.28% 34 Buildings 367,619 470,051 470,051 282,170 187,881 39.97% 35 Street Lighting 225,553 237,097 237,097 138,843 98,254 41.44% 60 Dock 40,589 63,689 63,689 15,139 48,550 76.23% Total Public Works 2,540,094 2,913,950 2,970,946 1,673,686 1,297,260 43.66% Parks and Recreation & Culture 03 Visitor Center 162,292 209,453 210,186 152,967 57,219 27.22% 40 Library 962,802 1,010,418 1,013,497 709,092 304,405 30.04% 45 Parks, Recreation & Beautification 1,260,366 1,293,847 1,321,847 886,819 435,028 32.91% Total Parks and Recreation & Culture 2,385,460 2,513,718 2,545,529 1,748,878 796,651 31.30% Total Operating Expenditures 17,292,765 19,311,627 19,441,952 13,169,168 6,272,783 32.26% Transfer to other funds Street Improvement Capital Project Fund 892,085 385,663 435,500.00 435,500.00 - 0.00% Kenai Recreation Center Capital Project Fund 75,000 - - - - - Public Safety Capital Project Fund 100,000 140,631 140,631.00 140,631.00 - 0.00% Municipal Facility Improvement Cap Proj Fund 94,847 - - - - Multipurpose Facility Capital Proj. Fund - - - - - - Visitor Center Improvement Capital Proj. Fund - - - - - - Information Technology Capital Proj. Fund - - - - - - City Hall Improvement Capital Proj. Fund 50,000 - - - - - Animal Shelter Capital Project Fund - - - - - - Public Safety Building Capital Proj. Fund - - - - - - Kenai Fine Arts Center Imp. Cap. Proj. Fund - - - - - - Kenai Cemetery Imp. Capital Project Fund - 25,000 25,000.00 25,000 - 0.00% Kenai Senior Center Imp. Capital Project Fund - 50,000 50,000.00 50,000 - 0.00% Park Improvement Capital Project Fund 125,000 144,625 144,625.00 144,625 - 0.00% Senior Citizen Special Revenue Fund 199,476 217,467 217,467.00 108,734 108,733 50.00% Debt Service 130,625 130,750 130,750.00 116,625 14,125 10.80% Total Transfer to other funds 1,667,033 1,094,136 1,143,973 1,021,115 122,858 10.74% Total Expenditures & Transfers 18,959,798 20,405,763 20,585,925 14,190,283 6,395,641 31.07% Net Revenues over(under) Expenditures 990,626$ -$ -$ 774,145$ 774,143$ *Note: The original budget includes outstanding encumbrances at 6/30/2024. Page 172 Quarterly PU Fisheries Expenditure Report For Quarter Ended March 31, 2025 Original * FY2024 FY2025 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 49,397$ 49,397$ -$ (49,397)$ 0.00% Beach Parking 157,839.00 164,980 164,980 173,592 8,612 105.22% Beach Camping 216,085.00 210,102 210,102 238,852 28,750 113.68% Dock Launch & Park 100,489.00 100,754 100,754 88,543 (12,211) 87.88% Dock Parking Only 12,460.00 12,495 12,495 11,483 (1,012) 91.90% Participant Drop-off Fee 6,275.00 4,707 4,707 4,110 (597) 87.32% Interest Earnings 19,502.00 5,000 5,000 - (5,000) 0.00% PERS Grant 249.00 1,861 1,861 - (1,861) 0.00% Credit Card Fees (11,202.00) (11,500) (11,500) (11,453) 47 99.59% Transfer from Other Funds - - - - - 0.00% Total Revenue 501,697 537,796 537,796 505,127 (32,669) 93.93% EXPENDITURES & TRANSFERS Public Safety 122,066$ 136,531$ 136,531$ 91,517$ 45,014$ 32.97% Streets 26,517 39,302 39,302 11,133 28,169 71.67% Boating Facility 41,120 42,815 42,815 30,391 12,424 29.02% Parks, Recreation & Beautification 206,597 244,148 244,148 169,809 74,339 30.45% Total Operating Expenditures 396,300 462,796 462,796 302,850 159,946 34.56% Transfers to Other Funds 75,000 75,000 75,000 - 75,000 0.00% Total Expenditures & Transfers 471,300 537,796 537,796 302,850 234,946 43.69% Net Revenues over Expenditures 30,397$ -$ -$ 202,277$ (202,277)$ *Note: The original budget includes outstanding encumbrances at 6/30/2024. Page 173 Quarterly Airport Fund Expenditure Report For Quarter Ended March 31, 2025 Original * FY2024 FY2025 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 137,346$ 145,522$ 145,522$ -$ 100.00% State/Federal 185,760 37,700 37,700 - (37,700) 0.00% Interest , Leases & Fees 906,504 1,131,083 1,131,083 645,960 (485,123) 57.11% Terminal Revenues 1,250,769 934,842 934,842 742,398 (192,444) 79.41% Landing Fees 407,678 384,855 384,855 252,583 (132,272) 65.63% Transfers In 1,065,855 1,090,387 1,090,387 - (1,090,387) 0.00% Total Revenues 3,816,566 3,716,213 3,724,389 1,786,463 (1,937,926) 47.97% EXPENDITURES & TRANSFERS Terminal Area 561,253$ 693,273$ 693,273$ 404,222$ 289,051$ 41.69% Airfield 2,046,384 2,225,638 2,225,638 1,369,794 855,844 38.45% Administration 354,463 378,370 378,370 260,081 118,289 31.26% Other Buildings & Areas 175,856 224,878 224,878 120,008 104,870 46.63% Training Facility 159,337 168,237 168,237 86,315 81,922 48.69% Total Expenditures 3,297,293 3,690,396 3,690,396 2,240,420 1,449,976 39.29% Transfer to other funds Airport Improvement Capital Projects 796,875 25,817 33,993 33,993 - 0.00% Total Transfer to other funds 796,875 25,817 33,993 33,993 - 0.00% Total Expenditures & Transfers 4,094,168 3,716,213 3,724,389 2,274,412 1,449,976 38.93% Net Revenues over Expenditures (277,602)$ -$ -$ (487,949)$ (487,950)$ *Note: The original budget includes outstanding encumbrances at 6/30/2024. Page 174 Quarterly Water/ Sewer Fund Expenditure Report For Quarter Ended March 31, 2025 Original * FY2023 FY2024 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 191,029$ 191,029$ -$ (191,029)$ 0.00% State/Federal 20,117 35,719 35,719 - (35,719) 0.00% Water/Sewer Fees 3,229,357 3,416,136 3,416,136 2,555,603 (860,533) 74.81% Penalty and Interest 39,038 42,588 42,588 32,821 (9,767) 77.07% Interest and Miscellaneous 283,629 80,000 80,000 266,219 186,219 332.77% Transfers In 30,000 - - - - 0.00% Total Revenues 3,602,141 3,765,472 3,765,472 2,854,642 (910,829) 75.81% EXPENDITURES & TRANSFERS Water 883,063$ 1,144,481$ 1,144,481$ 704,135$ 440,346$ 38.48% Sewer 458,611 761,507 761,507 357,375 404,132 53.07% Wastewater Treatment Plant 1,113,532 1,237,094 1,237,094 749,397 487,697 39.42% Total Expenditures 2,455,206 3,143,082 3,143,082 1,810,907 1,332,175 42.38% Transfer to other funds - Water & Sewer Capital Projects 679,970 622,390 622,390 622,390 - 0.00% Total Transfer to other funds 679,970 622,390 622,390 622,390 - 0.00% Total Expenditures & Transfers 3,135,176 3,765,472 3,765,472 2,433,297 1,332,175 35.38% Net Revenues over Expenditures 466,965$ -$ -$ 421,345$ 421,346$ *Note: The original budget includes outstanding encumbrances at 6/30/2024. Page 175 QuarterlySenior Fund Expenditure Report For Quarter Ended March 31, 2025 Original * FY2024 FY2025 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 45,021$ 45,021$ 45,021$ -$ 100.00% State Grants 278,855 261,646 308,305 131,731 (176,574) 42.73% Federal Grants - - - - - 0.00% USDA Grant 25,005 22,000 22,000 15,377 (6,623) 69.90% Choice Waiver 103,427 80,000 80,000 75,099 (4,901) 93.87% KPB Grant 186,143 186,143 186,143 178,091 (8,052) 95.67% United Way - - - - - 0.00% Rents & Leases 12,479 10,000 10,000 8,322 (1,678) 83.22% Miscellaneous Donations 14,683 21,500 21,500 20,136 (1,364) 93.66% Donations - Senior Connection 102,850 120,000 120,000 23,330 (96,670) 19.44% Meal Donations 93,718 97,650 97,650 65,020 (32,630) 66.58% Ride Donations 6,037 6,000 6,000 3,156 (2,844) 52.60% Transfer from General Fund - Operations 199,476 217,467 217,467 108,734 (108,733) 50.00% Other 60 300 2,800 2,958 158 105.64% Total Revenues 1,022,733 1,067,727 1,116,886 676,974 (439,911) 60.61% EXPENDITURES & TRANSFERS Senior Citizen Access 178,900$ 188,954$ 188,774$ 130,751$ 58,023$ 30.74% Congregate Meals 120,790 155,349 197,217 112,676 84,541 42.87% Home Meals 406,096 374,786 382,235 261,947 120,288 31.47% Senior Transportation 92,367 103,410 103,527 73,033 30,494 29.45% Choice Waiver 58,148 77,928 77,694 34,048 43,646 56.18% Total Expenditures 856,301 900,427 949,447 612,456 336,991 35.49% Transfer to other funds - 174,800 167,300 167,300 125,475 41,825 0.00% Total Transfer to other funds 174,800 167,300 167,300 125,475 41,825 0.00% Total Expenditures & Transfers 1,031,101 1,067,727 1,116,886 737,931 378,816 33.92% Net Revenues over Expenditures (8,368)$ -$ -$ (60,957)$ (61,095)$ *Note: The original budget includes outstanding encumbrances at 6/30/2024. Page 176 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Dave Swarner, Finance Director DATE: May 14, 2025 SUBJECT: March 2025 Quarterly Investment Report City of Kenai Investment Portfolio At March 31, 2025 the City had investments with a market value of $39,130,635. That is up from $38,379,667 at December 31, 2024. The City’s portfolio is yielding 3.76% that is down from 3.95% at December 31, 2024. The Federal Fund Rate held steady during the quarter with the rate between at 4.25%-4.50%. Fair market value adjustments to the portfolio through March 31, 2025 are a negative $157,503. As of June 30, 2024, the portfolios fair market value adjustment was a negative $567,359. Rates are projected to decrease and further decreasing the negative fair market value adjustment but lower yield for the portfolio will also occur. City’s Investment Portfolio US Agency Securities $31,825,894 AML Investment Pool 4,084,575 Wells Fargo Money Market 64,934 FDIC Insured Certificates of Deposit 727,880 Bank Balance 2,427,352 Total $ 39,130,635 Permanent Fund Investments At March 31, 2025, the portfolio value was $36,232,267. That is up from $36,183,194 at December 31,2024. It is comprised of $29,907,651, 82.54% Airport Land Sale Permanent Fund, $3,847,313, 10.62% General Land Sale Permanent Fund monies, $1,314,537, 3.63% Kenai Senior Connection monies, $894,786, 2.47% Kenai Senior Center Cone Memorial Trust monies, and $267,980, 0.74% Kenai Community Foundation holdings. Page 177 CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY March 31, 2025 Fair Market Current Value Yield Cash & Cash Equivalents Wells Fargo Checking 2,427,352$ 0.01% Wells Fargo Secured Money Market 64,934 5.36% FDIC Insured Certificates of Deposit 727,880 3.40% Alaska Municipal League Investment Pool 4,084,575 5.36% Total Cash & Cash Equivalents 7,304,741 3.39% Average Yield Government Securities Maturities Less than 1 Year 8,750,343 4.20% Maturities 1 to 2 Years 14,324,637 3.65% Maturities Greater than 2 Years 8,750,914 3.83% Total Government Securities 31,825,894 3.85% Total Portfolio 39,130,635$ 3.76% Investment Portfolio - Purchase Price 39,697,994$ Investment Portfolio - Fair Value 12/31/24 39,130,635 Fair Value Adjustment - 06/30/24 (567,359) Fair Value Adjustment thru - 03/31/2025 409,856 Cummulative Change in Fair Value (157,503)$ March 31, 2025 $0 $4,000,000 $8,000,000 $12,000,000 $16,000,000 Liquidity 20% Minimum Maturity 1 - 2 years Maturity over 2 years 30% Maximum Portfolio Liquidity Policy Minimum/Maximum Actual Page 178 CITY OF KENAI Investments 3-31-25 COK CITY OF KENAI INVESTMENTS 3/31/2025 Current year cost or Unrealized Total DAYS AT SHARE WEIGHTED Maturity Maturity Expected Call 07/01/24 03/31/25 Gain Accrued EFFECT.DATE DATE in FROM MATURITY OF AVERAGE from purch from today SECURITY or Maturity CUSIP original cost Market Value Market Value or Loss Interest RATE PURCH.DUE months TODAY (PAR)Interest TOTAL RATE USTN 3.75 4/15/26 Bullet 91282CGV7 4,582,463.69 4,582,463.69 4,585,648.00 3,184.31 79,615.38 3.750 11/27/2024 4/15/2026 17 380 - 11.719%0.4395 USTN 4.25 1/31/26 Bullet 91282CJV4 4,148,979.96 4,148,979.96 4,104,264.00 (44,715.96) 28,881.22 4.250 11/27/2024 1/31/2026 14 306 - 10.489%0.4458 USTN 4.125 3/31/29 Bullet 91282CKG5 1,001,846.24 1,001,846.24 1,007,310.00 5,463.76 112.70 4.125 11/27/2024 3/31/2029 52 1461 - 2.574%0.1062 USTN 4.00 07/31/2029 Bullet 91282CLC3 501,691.02 501,691.02 501,310.00 (381.02) 3,314.92 4.000 3/27/2025 7/31/2029 52 1583 - 1.281%0.0512 USTN 4.125 10/31/29 Bullet 91282CLR0 499,526.61 499,526.61 503,670.00 4,143.39 8,660.22 4.125 11/27/2024 10/31/2029 59 1675 - 1.287%0.0531 USTN 4.125 10/31/26 Bullet 91282CLS8 5,230,294.27 5,230,294.27 5,243,075.00 12,780.73 90,585.91 4.125 11/27/2024 10/31/2026 23 579 - 13.399%0.5527 USTN 4.125 11/15/27 Bullet 91282CLX7 998,008.02 998,008.02 1,005,740.00 7,731.98 15,611.19 4.125 11/27/2024 11/15/2027 36 959 - 2.570%0.1060 USTN 4.25 10/15/25 Bullet 91282CFP1 2,719,122.29 2,719,122.29 2,700,594.00 (18,528.29) 52,961.54 4.250 12/17/2024 10/15/2025 10 198 - 6.901%0.2933 USTN 3.625 3/31/28 Bullet 91282CGT2 1,011,141.21 1,011,141.21 1,017,548.25 6,407.04 101.52 3.625 11/27/2024 3/31/2028 40 1096 - 2.600%0.0943 USTN 2.25 11/15/25 Bullet 912828M56 548,609.03 548,609.03 553,548.80 4,939.77 4,768.51 2.225 11/27/2024 11/15/2025 12 229 - 1.415%0.0315 USTN 3.125 11/15/28 Bullet 9128285M8 984,701.46 984,701.46 997,929.75 13,228.29 12,122.32 3.125 11/27/2024 11/15/2028 48 1325 - 2.550%0.0797 FHLM 4.750 12/18/2029 Bullet 3134HAW33 474,879.93 474,879.93 475,959.50 1,079.57 6,142.01 4.750 1/7/2025 12/18/2029 59 1723 - 1.216%0.0578 FHLM 4.500 02/04/2030 Bullet 3130B4ZA2 1,000,000.00 1,000,000.00 1,010,680.00 10,680.00 5,875.00 4.500 2/14/2025 2/4/2030 60 1771 - 2.583%0.1162 FHLM 4.500 11/12/2027 Bullet 3130B3NY5 508,412.50 508,412.50 499,865.00 (8,547.50) 8,687.50 4.500 3/27/2025 11/12/2027 32 956 - 1.277%0.0575 FNA 2017-M1 A2 Bullet 3136AUG21 133,684.71 131,067.65 134,856.39 3,788.74 279.50 3.223 5/5/2022 10/25/2026 54 573 0.345%0.0111 FHR 2011-3824 CL JY Mtge Bullet 3137A7SV3 13,058.51 6,141.92 7,046.87 904.95 23.54 3.045 4/27/2022 3/15/2026 47 349 0.018%0.0005 FHR 4543 VH Mtge Bullet 3137BMQ58 292,442.66 279,618.02 288,909.17 9,291.15 733.92 3.094 6/15/2022 6/15/2027 60 806 0.738%0.0228 FHMS K057 AM Bullet 3137BRQK4 1,201,808.86 1,174,435.60 1,205,360.00 30,924.40 2,700.53 3.357 8/16/2022 8/25/2026 48 512 3.080%0.1034 FHMS K064 A2 Bullet 3137BXQY1 1,009,373.33 957,290.00 981,170.00 23,880.00 2,686.67 3.010 5/16/2022 3/25/2027 58 724 2.507%0.0755 FHMS K732 A2 Bullet 3137FG7F6 1,336,632.13 1,353,732.87 1,386,967.59 33,234.72 4,289.91 4.719 11/29/2022 9/25/2025 34 178 3.544%0.1673 FN AN4476 Bullet 3138LG6N1 2,306,637.07 2,146,015.78 2,197,463.68 51,447.90 6,184.48 3.193 2/28/2022 1/1/2027 58 641 5.616%0.1793 FN BL4497 Bullet 3140HV7K4 945,714.75 874,831.43 898,706.69 23,875.26 2,135.79 2.137 3/2/2022 11/1/2026 56 580 2.297%0.0491 FN BL5704 Bullet 3140HXKS8 463,526.26 447,432.88 460,822.75 13,389.87 1,051.23 3.158 6/13/2022 2/1/2027 56 672 1.178%0.0372 G2 5122 Mtge Bullet 36202FVP8 50,938.38 50,938.38 52,479.94 1,541.56 154.18 0.874 11/16/2021 7/20/2026 56 476 0.134%0.0012 GNR 2010-114 CL KB Bullet 38377KBE9 12,670.96 4,521.47 4,968.95 447.48 16.63 2.327 4/29/2022 9/16/2025 41 169 0.013%0.0003 TOTAL 31,976,163.85 31,635,702.23 31,825,894.33 190,192.10 337,696.32 3.504 agreed tp wf trust - 81.332% 4.195 3.65 3.83 FDIC Insured CD's CD - 12/31/10 - 0.000%- 3.4 GMATBK 8/4/25 57803 02007GXF5 245,114 240,362.15 244,233.15 3,871.00 1,278.03 3.400 8/9/2022 8/4/2025 36 126 245,000.00 4,165.00 0.624%0.0212 0.223872542 0.78642669 3.40 COF 8/10/27 33954 14042TJK4 245,000 238,301.70 243,975.90 5,674.20 1,141.10 3.400 8/10/2022 8/10/2027 60 862 245,000.00 4,165.00 0.623%0.0212 0.374299435 5.374490296 3.40 DFS 8/16/27 5649 254673Q41 245,000 232,882.30 239,671.25 6,788.95 1,004.16 3.400 8/16/2022 8/16/2027 60 868 245,000.00 4,165.00 0.612%0.0208 0.367695389 5.31641353 0.000% TOTAL FDIC Insured CD's 735,114.11 711,546.15 727,880.30 16,334.15 3,423.29 3.400 735,000.00 WELLS MONEY MKT 64,934.38 64,934.38 64,934.38 1,096.78 5.360 1 1 64,934.38 0.166%0.0089 AML POOL - City ACCT Agreed to Amlip 4,084,575.10 4,084,575.10 4,084,575.10 11,251.56 5.360 1 1 4,084,575.10 10.438%0.5595 0.104383048 0.104383048 Agreed to GL 36,860,787.44 36,496,757.86 36,703,284.11 206,526.25 353,467.95 WF Cash Agreed to WF 2,427,352.32 2,427,352.32 2,427,352.32 - - 0.010 1 1 2,427,352.32 6.203%0.0006 0.062032017 0.062032017 TOTAL 39,288,139.77 38,924,110.19 39,130,636.44 206,526.25 353,467.95 8,046,861.81 100.000%3.7646 MONTHS (157,503.33) 1.132282433 11.64374558 TOTAL CURRENT YIELD 3.7646%0.031900673 Max/Min Return Actual Difference Maturity over 2 years 30% Maximum 11,739,190.93 3.6546%7,222,707 4,516,484.36 OK 2,414,058.54 Liquidity 20% Minimum 7,826,127.29 3.8407%15,571,438 (7,745,311.01) OK Maturity 1 - 2 years 3.7849%18,428,901 3.7832%41,223,045 36,179,565.76 Page 179 CITY OF KENAI PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY June 30, 2024 Current or Current Average Portfolio Target Portfolio 31-Mar-24 30-Jun-24 30-Sep-24 31-Dec-24 31-Mar-25 Yield Weight Weight Maximum Cash Cash & Cash Equivalents 1,128,803 1,307,136 1,579,661 1,932,083 1,278,221 5.31%3.53%3.00%10.00% Fixed Income Investment Grade Government & Corporate Securities Government Securities 7,328,908 7,305,846 7,459,932 7,069,475 7,485,453 2.52%20.66% Corporate Securities Investment Grade 2,087,936 2,167,855 2,246,755 2,165,812 2,186,555 5.36%6.03% Total Investment Grade Government & Corporate Securities 9,416,844 9,473,701 9,706,687 9,235,287 9,672,008 3.23%26.69%26.00%36.00% Domestic Fixed Income Exchange Traded Funds - Vanguard Short-term TIPS - - - - - 0.00% High Yield Domestic - SPDR Portfolio High Yield Bonds - - - - - 0.00% Vanguard Hi Yield Corporate Fund Admiral Shares 1,364,730 1,318,826 1,445,842 1,419,728 1,449,212 4.00% Total High Yield Domestic 1,364,730 1,318,826 1,445,842 1,419,728 1,449,212 4.00%4.00%8.00% Total Fixed Income 10,781,574 10,792,527 11,152,529 10,655,015 11,121,220 3.23%30.69%30.00%44.00% Equities: Domestic Equities: Large-Cap Index 8,042,786 7,773,957 8,197,973 8,197,973 7,550,527 20.83%22.00%32.00% Small-Cap Index 1,744,116 1,629,232 1,786,564 1,786,564 1,662,186 4.59%5.00%10.00% Mid-Cap Index 3,786,897 3,497,995 3,721,439 3,721,439 3,387,568 9.35%10.00%18.00% Total Domestic Equities 13,573,799 12,901,184 13,705,976 13,705,976 12,600,281 34.77%37.00%60.00% International Equities: International Equity 2,890,317 2,730,483 2,925,345 2,925,345 3,057,638 8.44%8.00%16.00% Emerging Markets 1,756,309 1,763,546 1,891,372 1,891,372 1,871,949 5.17%5.00%10.00% Total International Equities 4,646,626 4,494,029 4,816,717 4,816,717 4,929,587 13.61%13.00%26.00% Real Estate: JP Morgan Beta Builders MSCI Reit 658,865 625,038 718,459 718,459 742,397 2.05%2.00%4.00% Total Real Estate 658,865 625,038 718,459 718,459 742,397 2.05%2.00%4.00% Infrastructure - Flexshares Stoxx Global Broad Infrastucture 1,734,647 1,636,071 1,827,700 1,827,700 1,920,853 5.30%5.00%10.00% Total Equities 20,613,937 19,656,322 21,068,852 21,068,852 20,193,118 55.73%57.00%100.00%23,832,826.00 25,282,038.50 Alternative Beta:(1,449,212.50) Blackrock Systematic Multi-Strategy 756,883 904,462 955,055 955,055 931,232 2.57% IQ Hedge Multi-Strategy Tracker 945,975 544,266 562,683 562,683 1,257,848 3.47% JPMORGAN:HEDGED EQ I 941,799 911,796 958,891 958,891 172,454 0.48% Calamos Market Neutral - - - - 1,278,174 3.53% Core Alternative ETF 371,390 542,644 595,823 595,823 - 0.00% Total Alternative Beta 3,016,047 2,903,168 3,072,452 3,072,452 3,639,708 10.05%10.00%15.00% Total Portfolio 35,540,361 34,659,153 36,873,494 36,728,402 36,232,267 4.69%100.00%100.00%169.00% Total ALSPF Balance 29,477,710 28,609,136 30,436,945 29,867,144 29,907,651 Total GLSPF Balance 3,804,352 3,680,273 3,915,402 3,842,103 3,847,313 36,232,267 Total Kenai Community Foundation 202,211 256,345 272,723 267,617 267,980 - Total Kenai Senior Connection 1,254,845 1,257,463 1,337,801 1,312,757 1,314,537 Total Cone Memorial Trust Permanent Fund 801,241 855,936 910,621 893,574 894,786 Fair Market Value 0.00% 25.00% 50.00% Cash Fixed Income Large-CapIndex Small-CapIndex Mid-Cap Index InternationalEquity EmergingMarkets Real Estate:Infrastructure-AlternativeBeta: Portfolio Composition Current Portfolio Weight Target Portfolio Weight Maximum Portfolio Weight 0 Portfolio 106,054.27 36,232,267.09 100.00% Benchmark ---0 0 (0.15) (0.10) (0.05) - 0.05 0.10 Portfolio Performance Page 180 $15,000,000 $17,000,000 $19,000,000 $21,000,000 $23,000,000 $25,000,000 $27,000,000 $29,000,000 $31,000,000 $33,000,000 Total ALSPF Balance Transfer of $1,028,478 to Airport Operations. Transfer of $1,065,618 to Airport Operations. $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 Total GLSPF Balance Transfer of $146,180 to General Fund Operations. $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 Total Kenai Community Foundation Balance Transfer of $52,500 from cash treasury account. Transfer of $1,203,690 to Airport Operations. Transfer of $161,561 to General Fund Operations. $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 Total Kenai Senior Connection Balance Initial investment. Transfer of $137,239 to General Fund Operations. Transfer of $928,251 to Airport Operations. Transfer of $148,315 to General Fund Operations. Transfer of $1,012,722 to Airport Operations. Transfer of $157,043 to General Fund Operations. Transfer of $1,025,736 to Airport Operations. $- $200,000 $400,000 $600,000 $800,000 $1,000,000 Total Cone Memorial Trust Permanent Fund Initial investment. Received $47,000 in trust proceeds Page 181 March 2025 CITY OF KENAI PERMANENT FUNDS Investment Report Page 182 BEGINNING VALUE + ACCRUED $36,959,224 TRANSFERS IN/ OUT -$516 REALIZED GAINS/ LOSSES $326 CHANGE IN MARKET VALUE -$831,226 INTEREST INCOME $44,770 DIVIDEND INCOME $46,445 ENDING VALUE + ACCRUED $36,219,022 Investment Performance Portfolio Composition Performance is annualized for periods greater than one year. Inception to date performance begins October 01, 2008Past performance is not indicative of future results. Portfolio Overview 2 | TRUSTED ADVISORS · MORE EXPERTS · BETTER ACCESS CITY OF KENAI PERMANENT FUNDS | MARCH 2025 Page 183 3 | TRUSTED ADVISORS · MORE EXPERTS · BETTER ACCESS CITY OF KENAI PERMANENT FUNDS | MARCH 2025 Portfolio Summary and Target MARKET VALUE ($)ASSETS (%)TARGET (%)RANGE RISK CONTROL U.S. Fixed Income 9,671,533 26.7%26%6% to 36% Cash 1,308,692 3.6%3%0% to 10% Risk Control Total 10,980,225 30.3% RISK ASSET U.S. High Yield Fixed Income 1,441,558 4.0%4%0% to 8% U.S. Large Cap Equity 7,522,793 20.8%22%12% to 32% U.S. Mid Cap Equity 3,386,227 9.3%10%0% to 18% U.S. Small Cap Equity 1,661,796 4.6%5%0% to 10% Developed International Equity 3,055,739 8.4%8%4% to 16% Emerging Market Equity 1,869,476 5.2%5%0% to 10% Risk Asset Total 18,937,588 52.3% ALTERNATIVES REITs 742,950 2.1%2%0% to 4% Alternative Beta 3,640,405 10.1%10%0% to 15% Infrastructure 1,917,854 5.3%5%0% to 10% Alternatives Total 6,301,209 17.4% TOTAL PORTFOLIO 36,219,022 100.0% We urge you compare the account statement we provide with the account statement you receive from your custodian. We cannot guarantee the accuracy of this information for tax purposes. Please verify all information from trade confirmations. Past performance is not indicative of future results. Page 184 4 | TRUSTED ADVISORS · MORE EXPERTS · BETTER ACCESS CITY OF KENAI PERMANENT FUNDS | MARCH 2025 S&P 500 Total Return Index The S&P 500® Index is the Standard & Poor’s Composite Index and is widely regarded as a single gauge of large cap U.S. equities. It is market cap weighted and includes 500 leading companies, capturing approximately 80% coverage of available market capitalization. S&P MidCap 400 Total Return Index The S&P MidCap 400 Index, more commonly known as the S&P 400, is a stock market index from S&P Dow Jones Indices. The index serves as a barometer for the U.S. mid-cap equities sector and is the most widely followed mid-cap index. S&P Small Cap 600 Total Return Index The S&P SmallCap 600® seeks to measure the small-cap segment of the U.S. equity market. The index is designed to track companies that meet specific inclusion criteria to ensure that they are liquid and financially viable. MSCI EAFE Net Total Return USD Index The MSCI EAFE Index (Europe, Australasia, Far East) is a free float-adjusted market capitalization-weighted index that is designed to measure the equity market performance of developed markets, excluding the United States and Canada. The MSCI EAFE Index consists of the following 21 developed market countries: Australia, Austria, Belgium, Denmark, Finland, France, Germany, Hong Kong, Ireland, Israel, Italy, Japan, the Netherlands, New Zealand, Norway, Portugal, Singapore, Spain, Sweden, Switzerland and the United Kingdom. MSCI Emerging Net Total Return USD Index The MSCI Emerging Markets Index is a free float-adjusted market capitalization-weighted index that is designed to measure equity market performance of emerging markets. The MSCI Emerging Markets Index consists of the following 26 emerging market country indices: Argentina, Brazil, Chile, China, Colombia, Czech Republic, Egypt, Greece, Hungary, India, Indonesia, Korea, Malaysia, Mexico, Peru, Philippines, Poland, Qatar, Russia, Saudi Arabia, South Africa, Taiwan, Thailand, Turkey and United Arab Emirates. STOXX Global Broad Infrastructure Index Net Return USD The STOXX Global Broad Infrastructure Index is derived from the STOXX. Developed and Emerging Markets Total Market Index (TMI) and offers a diversified representation of companies that generate more than 50% of their revenue from selected infrastructure sectors. STOXX partnered with Revere Data, which defines 17 subsectors for the infrastructure industry. These 17 subsectors are rolled into five supersectors - Communications, Energy, Government Outsourcing/Social, Transportation and Utilities. S&P USA REIT USD Total Return Index The S&P United States REIT Index defines and measures the investable universe of publicly traded real estate investment trusts domiciled in the United States. Disclosures Bloomberg Commodity Index Total Return The Bloomberg Commodity Index provides broad-based exposure to commodities, and no single commodity or commodity sector dominates the index. Rather than being driven by micro-economic events affecting one commodity market or sector, the diversified commodity exposure of the index potentially reduces volatility in comparison with non- diversified commodity investments. Wilshire Liquid Alternative Total Return Index The Wilshire Liquid Alternative Index℠ measures the collective performance of the five Wilshire Liquid Alternative strategies that make up the Wilshire Liquid Alternative Universe. Created in 2014, with a set of time series of data beginning on December 31, 1999, the Wilshire Liquid Alternative Index (WLIQA) is designed to provide a broad measure of the liquid alternative market by combining the performance of the Wilshire Liquid Alternative Equity Hedge Index (WLIQAEH), Wilshire Liquid Alternative Global Macro Index (WLIQAGM), Wilshire Liquid Alternative Relative Value Index (WLIQARV), Wilshire Liquid Alternative Multi- Strategy Index (WLIQAMS), and Wilshire Liquid Alternative Event Driven Index (WLIQAED). Bloomberg US Agg Total Return Value Unhedged USD The Bloomberg U.S. Aggregate Index measures the performance of investment grade, U.S. dollar-denominated, fixed-rate taxable bond market, including Treasuries, government- related and corporate securities, MBS (agency fixed-rate and hybrid ARM pass-throughs), ABS, and CMBS. It rolls up into other flagship indices, such as the multi-currency Global Aggregate Index and the U.S. Universal Index, which includes high yield and emerging markets debt. Bloomberg VLI: High Yield Total Return Index Value Unhedged USD The Bloomberg VLI: High Yield Total Return Index is a component of the US Corp High Yield Index that is designed to track a more liquid component of the USD-denominated, high yield, fixed-rate corporate bond market. Bloomberg GLA xUSD Float Adj RIC Capped Index TR Index Value Hedged USD The Bloomberg Barclays Global Aggregate ex-USD Float-Adjusted RIC Capped Index is a customized subset of the Global Aggregate Index that meets the same diversification guidelines that a fund must pass to qualify as a regulated investment company (RIC). This multi-currency benchmark includes fixed-rate treasury, government-related, corporate and securitized bonds from developed and emerging markets issuers while excluding USD denominated debt. The Global Aggregate ex-USD Float Adjusted RIC Capped Index is largely comprised of two major regional aggregate components: the Pan-European Aggregate and the Asian-Pacific Aggregate Index. FTSE 3 Month Treas Bill Local Currency The FTSE 3 Month US T Bill Index Series is intended to track the daily performance of 3 month US Treasury bills. The indices are designed to operate as a reference rate for a series of funds. Page 185 5 | TRUSTED ADVISORS · MORE EXPERTS · BETTER ACCESS CITY OF KENAI PERMANENT FUNDS | MARCH 2025 Disclosures Bloomberg Muni 1-15 Year Blend (1-17) Total Return Index Value The Bloomberg Municipal 1-15 Year Index measures the performance of USD-denominated long-term, tax-exempt bond market with maturities of 1-15 years, including state and local general obligation bonds, revenue bonds, insured bonds, and prerefunded bonds. Bloomberg Intermediate US Govt/Credit TR Index Value Unhedged The Bloomberg U.S. Government Intermediate Index measures the performance of the U.S. Treasury and U.S. agency debentures with maturities of 1-10 years. It is a component of the U.S. Government/Credit Index and the U.S. Aggregate Index. Bloomberg 1-5 Yr Gov/Credit Total Return Index Value Unhedge The Bloomberg US 1-5 year Government/Credit Float-Adjusted Bond Index is a float- adjusted version of the US 1-5 year Government/Credit Index, which tracks the market for investment grade, US dollar-denominated, fixed-rate treasuries, government-related and corporate securities. FTSE High Dividend Yield Total Return Index The FTSE High Dividend Yield Index is designed to represent the performance of companies with relatively high forecast dividend yields WisdomTree U.S. MidCap Dividend Index Total Return The WisdomTree U.S. MidCap Dividend Index is a fundamentally weighted index that measures the performance of the mid-capitalization segment of the US dividend-paying market. The Index is comprised of the companies that compose the top 75% of the market capitalization of the WisdomTree U.S. Dividend Index after the 300 largest companies have been removed. The index is dividend weighted annually to reflect the proportionate share of the aggregate cash dividends each component company is projected to pay in the coming year, based on the most recently declared dividend per share. WisdomTree U.S. SmallCap Dividend Index Total Return The WisdomTree U.S. SmallCap Dividend Index is a fundamentally weighted index measuring the performance of the small-capitalization segment of the US dividend- paying market. The Index is comprised of the companies that compose the bottom 25% of the market capitalization of the WisdomTree U.S. Dividend Index after the 300 largest companies have been removed. The index is dividend weighted annually to reflect the proportionate share of the aggregate cash dividends each component company is projected to pay in the coming year, based on the most recently declared dividend per share. Bloomberg U.S. Long Government/Credit Unhedged USD The Bloomberg U.S. Government Credit Long Index measures the performance of the non- securitized component of the U.S. Aggregate Index with maturities of 10 years and greater, including Treasuries, government-related issues, and corporates. It is a subset of the U.S. Aggregate Index. Bloomberg Intermediate US Govt/Credit TR Index Value Unhedged The Bloomberg U.S. Government Credit Intermediate Index measures the performance of the non-securitized component of the U.S. Aggregate Index with maturities of 1-10 years, including Treasuries, government-related issues, and corporates. It is a subset of the U.S. Aggregate Index. Bloomberg Municipal Bond 5 Year (4-6) Total Return Index Unhedged USD An index designed to measure the performance of tax-exempt U.S. investment grade municipal bonds with remaining maturities between four and six years. Index returns assume reinvestment of distributions, but do not reflect any applicable sales charges or management fees. MSCI ACWI IMI Net Total Return USD Index The MSCI ACWI Investable Market Index (IMI) captures large, mid and small cap representation across 23 Developed Markets (DM) and 24 Emerging Markets (EM) countries. The MSCI AXWI IMI includes the following 23 developed market countries : Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Hong Kong, Ireland, Israel, Italy, Japan, Netherlands, New Zealand, Norway, Portugal, Singapore, Spain, Sweden, Switzerland, United Kingdom, and United States. The MSCI AXWI IMI includes the following 24 emerging market countries: : Brazil, Chile, China, Colombia, Czech Republic, Egypt, Greece, Hungary, India, Indonesia, Korea, Kuwait, Malaysia, Mexico, Peru, Philippines, Poland, Qatar, Saudi Arabia, South Africa, Taiwan, Thailand, Turkey and United Arab Emirates. Bloomberg 1-3 Yr Gov Total Return Index Value Unhedged USD The Bloomberg U.S. Government/Credit 1-3 Year Index is an unmanaged index considered representative of performance of short-term U.S. corporate bonds and U.S. government bonds with maturities from one to three years. Bloomberg 1-5 Yr Gov TR Index Bloomberg Barclays Municipal 1-5 Yr TR USD includes all medium and larger issues of U.S. government, investment-grade corporate, and investment-grade international dollar- denominated bonds that have maturities of between 1 and 5 years and are publicly issued. ICE BofA US 3-Month Treasury Bill Index The ICE BofA 3 Month U.S. Treasury Index measures the performance of a single issue of outstanding treasury bill which matures closest to, but not beyond, three months from the rebalancing date. The issue is purchased at the beginning of the month and held for a full month; at the end of the month that issue is sold and rolled into a newly selected issue. Bloomberg US Treasury TIPS 0-5 Years Total Return Index Unhedged USD Bloomberg US Treasury Inflation-Protected Securities (TIPS) 0-5 Year Index is a market value-weighted index that measures the performance of inflation-protected securities issued by the US Treasury that have a remaining average life between 0 and 5 years. Bloomberg U.S. Treasury Bellwethers: 1 Yr The Bloomberg U.S. Treasury Bellwethers 1 Yr. Index is an unmanaged index representing the on-the-run (most recently auctioned) U.S. Treasury bond with 1 years’ maturity. Page 186 Chartered Financial Analyst® (CFA®) are licensed by the CFA® Institute to use the CFA® mark. CFA® certification requirements: Hold a bachelor's degree from an accredited institution or have equivalent education or work experience, successful completion of all three exam levels of the CFA® Program, have 48 months of acceptable professional work experience in the investment decision-making process, fulfill society requirements, which vary by society. Unless you are upgrading from affiliate membership, all societies require two sponsor statements as part of each application; these are submitted online by your sponsors. Blake Phillips, CFA® blake@apcm.net Bill Lierman, CFA® Client Relationship Manager Portfolio Manager Page 187 MAY 21, 2025 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET: ACTION ITEM REQUESTED BY Add Item H.8. Discussion – Scheduling a Board of Adjustment Appeal Hearing. City Clerk • Memo and Calendar MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: May 20, 2025 SUBJECT: Appeal to the Board of Adjustment - Appeal of a Planning and Zoning Commission Action Denying an Application for a Conditional Use Permit to Adam Tugan to Develop and Operate an 82-Unit Indoor Heated Storage Facility Located at 1001 Third Street, Kenai, Alaska. An application to appeal the above-referenced matter was received on May 20, 2025. KMC 14.20.290(f)(1), "Appeals - Board of Adjustment" in part provides: • The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within 45-days of the filing of the appeal; the Board of Adjustment may for good cause hold the hearing up to 60-days after the filing of the appeal. • Should the 45th day fall on a weekend or municipal holiday, the hearing may be scheduled for the next following weekday, which is not a municipal holiday. • Notice of time and place of hearing shall be mailed to all parties interested and to all property owners within 300-feet of the property involved at least 15-days prior to the hearing. The following information is provided to help in setting a Board of Adjustment hearing date: • To comply with the 15-day prior noticing requirements, the soonest a hearing could be scheduled would be Monday, June 16, 2025, with notices being sent on Friday, May 30, 2025. • Forty-Five Day End Date: Friday, July 4, 2025 per KMC 14.20.290(f)(1) extends to Monday, July 7, 2025. Meetings within the 45-days: Wednesday, June 18, 2025 Wednesday, July 2, 2025 • Sixty-Day End Date: Saturday, July 19, 2025 (KMC 14.20.290(f)(1) establishes the Board for good cause may hold the hearing up to 60-days after the filing of the appeal.) Meetings within the 60-days: None. June – July 2025 Sunday Monday Tuesday Wednesday Thursday Friday Saturday JUNE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 6pm - City Council 22 23 24 25 26 27 28 7pm - Planning & Zoning 29 30 JULY 1 2 3 4 5 6pm - City Council HOLIDAY 6 7 8 9 10 11 12 7pm - Planning & Zoning 6pm - Airport Commission 13 14 15 16 17 18 19 45-day deadline: July 7 60-day deadline: July 19 To empower Alaska Natives through biblically-based higher education and Christian formation to pursue excellence in character, learning, and service as followers of Christ. Mission A Short History THEN: In 2001, purchased the Ballard property from CPCS on 10.5 acres with an 8,400 sq. ft. building, including an indoor pool on E. Poppy Lane! Opened doors to the first class on Sept. 16, 2001, just five days after 9/11 A Short History THEN: Opened with 22 students from four states, seven ethnic groups, 80% Alaska Native background and 16 self- supporting faculty and staff Began as one year, non- accredited, Bible college for Alaska Native young people A Short History: NOW 29.5 acres with 28 building projects, built mainly by volunteer labor each summer. Entire campus is DEBT FREE! Added two 36-bed dorms, three cabins, four apartment buildings, New Hope Counseling Center, Peninsula Conference Center, a small chapel, a six classroom building, a shop, an eight-car garage, a yurt, an athletic center, and a full gym/wellness center State of the art classroom building with science lab, computer lab, and large classroomState of the art classroom building with science lab, computer lab and four classrooms Peninsula Conference Center with a 72-bed dormitory and 150 seat dining room Since 2001, students throughout Alaska and the Lower 48 States have attended ACC. Many have also attended Kenai Peninsula College simultaneously. Alaska Christian College TODAY: 53 full-time, part-time, volunteer, interns, and adjunct faculty General operational budget has grown from $500,000 to $3,300,000, investing heavily in our community Alaska Christian College TODAY: 888 students have attended ACC since 2001 from 102 out of 253 villages and cities in Alaska alone In 2012, ACC earned accredited status from the Association for Biblical Higher Education, was authorized by the Alaska Commission on Postsecondary Education and the US Department of Education-We’re legit! The Vision of Alaska Christian College is to be the premier college of choice for Alaska Native students so that our graduates follow and serve Christ within the Church and larger society. Vision ACC OFFERS: Four Associate in Arts degrees in Behavioral Health, Christian Ministry, General Studies, and Para-professional Education. Now offering Vocational Technical classes in Marine motors with Yamaha and large equipment operation. Life-changing education to prepare Alaska Native students towards a four year college degree, entering the workforce, or possibly returning to rural Alaska ACC OFFERS: A residential community with the highest enrollment of 104 students in 2020, pre-COVID A personalized approach to education with intensive academic support available for our academically under-prepared students What we are NOT: NOT: A four year college, but an Associate of Arts degree granting institution, like a community college NOT: An online college NOT: A place where anyone can teach classes. All are taught by master’s and doctoral degreed professors NOT: A college only for Alaska Natives (still 90% annually). We invite all who wish to join us in this unique college experience NOT: A cult at the end of Royal Place off of East Poppy Lane The Peninsula Conference Center at Alaska Christian College Peninsula Conference Center OFFERS: Housing and conference accommodations May to September Full service cabins, dormitories, and apartment style housing with 152 beds 200 seat conference room with 150 seat dining option Catering and full conference services New Hope Counseling Center Offers FREE professional and licensed services to the students of ACC and reduced rates for alumni Opened to community clients in 2006. Provided nearly 3,300 client hours in recent years Offers fee-for-service counseling to any community member who wishes to receive professional, licensed counseling in an optional faith-based environment. Veterans insurance, private insurance, and Employee Assistance Program are approved Part of your community: The ACC Great Neighbor Commitment-Our doors are open for the community! Alaska Christian College wishes to serve the greater Soldotna/Kenai community by offering its facilities, staff, and students to assist in bringing a better life to all who live here. The ACC Athletic Center opened September, 2024. Available for rental for workout/cardio use, basketball, volleyball, pickleball, and large community events. Running/walking track available Kenai City Council - Regular Meeting Page 1 of 3 May 21, 2025 Kenai City Council - Regular Meeting May 21, 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) 1. Alaska Christian College Update, Dr. Keith Hamilton, President of Alaska Christian College. 2. Kenai Peninsula Children’s Advocacy Centers, Request for Funding, Executive Director & Children’s Advocacy Center Director Lindsey Collins, Kenai Child Advocacy Center Manager Morgan Lyons, and Ryan Grimm. D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. ENACTED WITHOUT OBJECTION. Ordinance No. 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) 2. FAILED. Resolution No. 2025-32 - Declaring a Right-Of-Way for a 60’ by 156’ Portion of the Unnamed Road Along Wildwood Drive as Dedicated on Lots 11& 12, Block 8, Black Gold Estates 2025 Replat (Plat K1399), Not Needed for a Public Purpose and Consenting to Its Vacation. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2025-33 - Authorizing Award of the City-Owned Lands Appraisal Contract. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2025-34 - Authorizing the City Manager to Enter into an Agreement for Janitorial Services at the Kenai Municipal Airport Terminal. (Administration) Kenai City Council - Regular Meeting Page 2 of 3 May 21, 2025 F. MINUTES 1. *Regular Meeting of May 7, 2025. (City Clerk) G. UNFINISHED BUSINESS 1. AMENDED BY SUBSTITUTE. 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) [On 05/07/25 this item was postponed to 05/21/25] • ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3469-2025 Substitute - Amending KMC 1.85.060-Conflicts of Interest Prohibited, to Allow 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) H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Ordinance No. 3471-2025 - Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the Fiscal Year Commencing July 1, 2025 and Ending June 30, 2026 and Committing $2,850,457 of General Fund, Fund Balance for Future Capital Improvements. (Administration) 3. *Ordinance No. 3472-2025 - Accepting and Appropriating Grant Funds from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 4. *Ordinance No. 3473-2025 - Accepting and Appropriating a Grant Received Through the American Society for the Prevention of Cruelty to Animals to the Kenai Animal Shelter for Attendance at the Alaska Animal Control Association 2025 Training Conference. (Administration) 5. *Ordinance No. 3474-2025 - Increasing Estimated Revenues and Appropriation in the Wastewater, Water & Sewer, and Municipal Roadway Improvements Capital Project Funds to Transfer Residual Balance from Completed Projects Back to their Original Funding Sources. (Administration) 6. *Ordinance No. 3475-2025 - Increasing Estimated Revenues and Appropriations in the General Fund – Legislative Department and Increasing the Purchase Order Amount to BDO USA, P.C. for the FY2024 and FY2025 Financial Audits. (Administration) 7. APPROVED UNANIMOUSLY. Action/Approval - Extension to Memorandum of Understanding with the Kenai Historical Society. (Administration) 8. SCHEDULED FOR 7/2/25 AT 2:00 P.M. Discussion – Scheduling a Board of Adjustment Appeal Hearing. I. COMMISSION REPORTS 1. Council on Aging Commission 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission Kenai City Council - Regular Meeting Page 3 of 3 May 21, 2025 6. Beautification Commission J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS The agenda and supporting documents are posted on the City’s website at www.kenai.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/6h_KpazeR6y0erc4TOOqnQ