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HomeMy WebLinkAbout2025-06-18 Council PacketPage 1 Kenai City Council - Regular Meeting June 18, 2025 — 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on ■.. A. CALL TO ORDER Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non -controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker; twenty (20) minutes aggregated) 1. Bronze Bear Project, Mary Bondurant and Christine Cunningham. 2. 2025 March for Meals Event, Jerry Nassen, Vice President for Kenai Senior Connection, Inc. D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS Ordinance No. 3476-2025 - Increasing Estimated Revenues and Appropriations in the General Fund - Fire Department Personnel Budget for Fiscal Year 2025 for Unanticipated Overtime Costs Resulting from Vacancies and Retirements. (Administration) Ordinance No. 3477-2025 -Increasing Estimated Revenues and Appropriations in the General Fund - Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association for the Purchase of a Ballistic Vest. (Administration) Ordinance No. 3478-2025 - Enacting Kenai Municipal Code Section 13.30.070 - Travel Through Private or Public Property, and Incorporating a Fine into Kenai Municipal Code 13.10.015 - Minor Offense Fine Schedule. (Administration) Resolution No. 2025-41 -Approving the Sixth Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City to Execute the Amended Agreement. (Administration) Kenai City Council - Regular Meeting Page 1 of 3 June 18, 2025 Page 2 Resolution No. 2025-42 - Authorizing a Contract Award for the Community Wildfire Protection Plan Phase Three. (Administration) Resolution No. 2025-43 - Authorizing a Contract Award for the Dipnet Dumpsters and Portalets for Fiscal Year 2026. (Administration) F. MINUTES ,1..... *Regular Meeting of June 4, 2025. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS *Action/Approval - Bills to be Ratified. (Administration) *Action/Approval - Non -Objection to the Ownership Transfer of a Golf Course Liquor License from Griffin Golf LLC. DBA: Kenai Golf Course to KNC Golf Inc. DBA: Kenai Golf Course - License No. 5788. (City Clerk) *Action/Approval - Special Use Permit to Crowley Fuels, LLC for Use of 35,000 Square Feet of Apron Space for Aviation Fueling. (Administration) 4 *Action/Approval - Special Use Permit to Everts Air Fuel, Inc. for Use of 30,000 Square Feet of Apron Space for Aircraft Loading and Parking. (Administration) *Action/Approval - Special Use Permit to United Parcel Services Co., for Use of 4,000 Square Feet of Apron Space for Aircraft Loading and Parking. (Administration) *Action/Approval - Parks and Recreation Commission Work Plan. (City Clerk) ,7.... *Action/Approval - Beautification Commission Work Plan. (City Clerk) *Ordinance No. 3479-2025 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund, Accepting a Grant from the Federal Aviation Administration and Awarding a Professional Services Agreement for the Kenai Municipal Airport Master Plan. (Administration) 1. COMMISSION REPORTS 1. Council on Aging Commission 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission .... Planning and Zoning Commission 6. Beautification Commission J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS .1..... City Manager 2. City Attorney City Clerk • Marijuana License Annual Report Kenai City Council - Regular Meeting Page 2 of 3 June 18, 2025 Page 3 L. ADDITIONAL PUBLIC COMMENTS Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS Resolution No. 2025-38 - Renaming South Spruce Street to Kenai Beach Street. (Knackstedt) [On June 4, 2025 this item was referred to the Planning & Zoning Commission's June 25, 2025 meeting, and postponed to the July 2, 2025 City Council Meeting.] 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 at 907-283-8231. Registration is required o join the meeting remotely through Zoom. Please use the following link to register: I ��-Hus02welb.zooirn.us/irnee-l�in lb.zooirn..us/irnee- liiin /irg ii tg.ir/ �c�ll�rc��rir�...�..�: Kenai City Council - Regular Meeting Page 3 of 3 June 18, 2025 Page 4 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3476-2025 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND- FIRE DEPARTMENT PERSONNEL BUDGET FOR FISCAL YEAR 2025 FOR UNANTICIPATED OVERTIME COSTS RESULTING FROM VACANCIES AND RETIREMENTS. WHEREAS, the Kenai Fire Department has experienced multiple vacancies during Fiscal Year 2025, impacting regular personnel coverage, and the loss of one firefighter to light duty after necessary surgery to address an injury; and, WHEREAS, in order to maintain emergency response capacity and ensure public safety, existing staff have been required to work additional hours, resulting in overtime expenditures exceeding the original personnel budget; and, WHEREAS, the overtime expenditures are necessary and were not anticipated at the time of budget adoption; and, WHEREAS, it is in the best interest of the City to amend the Fire Department's personnel budget to reflect these operational realities and ensure continued delivery of essential emergency services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That estimated revenues and appropriations in the General Fund — Fire Department are hereby increased as follows: General Fund: Increase Estimated Revenues: General Fund, Fund Balance Appropriation $85,000.00 Increase Appropriations: Fire - Overtime $85,000.00 Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3476-2025 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18T" DAY OF JUNE, 2025. ATTEST: Michelle M. Saner, MMC, City Clerk Approved by Finance: Brian Gabriel Sr., Mayor Introduced: Enacted: Effective: Page 5 June 4, 2025 June 18, 2025 June 18, 2025 New Text Underlined; [DELETED TEXT BRACKETED] City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Jay Teague, Fire Chief DATE: May 23, 2025 SUBJECT: Ordinance No. 3476-2025 - Increasing Estimated Revenues And Appropriations In The General Fund — Fire Department Personnel Budget For Fiscal Year 2025 For Unanticipated Overtime Costs Resulting From Vacancies And Retirements. The fire department has experienced the loss of 3 veteran members creating vacancies this fiscal year requiring leave payouts and overtime for shift coverage. A fourth firefighter needed shoulder surgery due to injury requiring shift coverage for a fourth position. I have consulted with the finance director to identify shortfalls in personnel funding and outlined expected needs for coverage through June, 2025. 1 am respectfully requesting ordinance acceptance and appropriation of funds to sustain emergency operations for remainder of fiscal year. Page � Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3477-2025 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND - POLICE DEPARTMENT AND ACCEPTING GRANTS FROM THE UNITED STATES DEPARTMENT OF JUSTICE AND ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION FOR THE PURCHASE OF A BALLISTIC VEST. WHEREAS, the Kenai Police Department participates in a Ballistic Vest Partnership grant program through the Department of Justice, which covers up to 50% of the cost of ballistic vests purchased for officers. In this program, there were $667.14 in remaining grant funds available for the Kenai Police Department during this grant period; and, WHEREAS, the City's current insurance company, Alaska Municipal League Joint Insurance, also has a ballistic vest reimbursement program, which covers 50% of the cost of ballistic vests purchased for officers; and, WHEREAS, the cost of the ballistic vest purchased in April of 2025 was $1,413 and the two programs together will cover about 97% of the cost of this ballistic vest. 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 and expend United States Department of Justice and AMLJIA grant funds in the amount of $1,373.64 for the purchase of one ballistic vest. Section 2. That estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues - Federal Grants — Police $ 667.14 Miscellaneous Grants 706.50 Increase Expenditures — Police — Small Tools $1.373.64 $1.3 33.64 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3477-2025 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18T" DAY OF JUNE, 2025. ATTEST: Michelle M. Saner, MMC, City Clerk Approved by Finance: Brian Gabriel Sr., Mayor Introduced: Enacted: Effective: Page 8 June 4, 2025 June 18, 2025 June 18, 2025 New Text Underlined; [DELETED TEXT BRACKETED] City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: May 23, 2025 SUBJECT: Ordinance No. 3477-2025 - Increasing Estimated Revenues and Appropriations in the General Fund — Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association for the Purchase of a Ballistic Vest. The Police Department participates in the United States Department of Justice' Ballistic Vest Partnership, which provides grant funds for up to half the cost of officer ballistic vests. In this case there were only $667.14 available in the grant period for the City, rather than the full 50% ($706.50). The City's insurance carrier, AMLJIA, also has a grant program by which they cover half the cost of ballistic vests purchased for officers. In April the Police Department purchased a ballistic vest for an officer, at a total cost of $1,413. and anticipates reimbursement of $1,373.64 by the two programs. I am respectfully requesting consideration of the ordinance accepting and appropriating the grant funds for the purpose they were intended. Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3478-2025 AN ORDINANCE ENACTING KENAI MUNICIPAL CODE SECTION 13.30.070 - TRAVEL THROUGH PRIVATE OR PUBLIC PROPERTY, AND INCORPORATING A FINE INTO KENAI MUNICIPAL CODE 13.10.015 - MINOR OFFENSE FINE SCHEDULE. WHEREAS, the City of Kenai Police Department enforces street traffic regulations of Kenai Municipal Code (KMC) and the traffic laws of the State of Alaska; and, WHEREAS, local drivers are utilizing private or public property for short cuts or to bypass traffic control devices such as traffic signals or stop signs creating a hazard for pedestrians; and, WHEREAS, there are no current provisions in State statutes or KMC regulating the operation of a motorized vehicle leaving a public right of way and traversing public or private property to access another public right of way; and, WHEREAS, the City's fine schedule contained in KMC 13.10.015 provides the specific fine amount for each incorporated traffic offense; and, WHEREAS, the City promotes the peace, health, safety, and welfare of the public through the regulation of nuisances and traffic offenses; and, WHEREAS, enactment of a regulation prohibiting drivers from driving from one public right-of-way to another public right-of-way through a parking lot or private or public property, and associated $75.00 fine for violators, will discourage the practice and improve public safety and 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. Enactment of Section 13.30.070 of Kenai Municipal Code: That Kenai Municipal Code, Section 13.30.070 — Travel Through Private or Public Property, is hereby enacted as follows: 13.30.070 Travel Through Private or Public Property. (a) No driver of a motor vehicle may leave the roadway and drive through a parking lot or other private or public property for the purpose of accessing another public roadway. Section 2. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.10.015 — Minor offense fine schedule, is hereby amended as follows: CITE RULE/OFFENSE FINE PARKING AND TRAFFIC 48 KMC 13.10.060 Camping on private property. 50.00 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3478-2025 Page 2of3 49 KMC 13.30.030 Street parking prohibitions. 50.00 50 KMC 13.30.035 Paid parking. 100.00 51 KMC 13.30.070 Using a parking lot or other private or public Property as a roadway 75.00 [51] 52 KMC 18.35.010 Overnight camping. 50.00 [52] 53 AR 6.05.010 — 6.05.030 Parking at airport. (1 st offense) 25.00 [53] 54 AR 6.05.010 — 6.05.030 Parking at airport. (2nd offense) 50.00 ABANDONED/JUNK VEHICLES/LITTERING [54] 55 KMC 12.20.010 Deposit of refuse (littering). 500.00 [55] 56 KMC 12.20.010 No fish, fish carcasses, fish parts or offal may be deposited in dumpsters or receptacles unless marked specifically to allow for fish or fish parts. 150.00 [56] 57 KMC 12.25.020 Abandonment of vehicle. 100.00 [57] 58 KMC 12.25.030 Junk vehicle. 100.00 OFFENSES AGAINST PROPERTY [58] 59 KMC 13.20.030 Protection of North and South Shore —No physical damage. 150.00 [59] 60 KMC 13.20.030 Protection of North and South Shore —Physical damage. 500.00 [60] 61 KMC 13.20.035 Burning of pallets and otherwood materials containing metal fasteners. 50.00 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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3478-2025 Page 3of3 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 18T" DAY OF JUNE, 2025. ATTEST: Michelle M. Saner, MMC, City Clerk Brian Gabriel Sr., Mayor Introduced: Enacted: Effective: June 4, 2025 June 18, 2025 July 18, 2025 New Text Underlined; [DELETED TEXT BRACKETED] City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.2817535 I www.Lenai.city MEMORANDUM TO: Council Members FROM: Terry Eubank, City Manager DATE: May 22, 2025 SUBJECT: Ordinance No. 3478-2025 — Enacting Kenai Municipal Code Section 13.30.70 - Travel Through Private or Public Property and Incorporating Fine into Kenai Municipal Code 13.10.015 - Minor Offense Fine Schedule. The City of Kenai Police Department is responsible for enforcing the traffic regulations of State of Alaska statutes and Kenai Municipal Code (KMC). There are no current provisions in Alaska statutes or Kenai Municipal Code (KMC) regulating the operation of a motorized vehicle leaving a public right of way and traversing public or private property to access another public right of way. The issue has become particularly visible at the Kenai Visitor and Cultural Center. The Kenai Chamber Director reported numerous vehicles-15 to 20 at a time —using the parking lot as a shortcut between Overland Street and the Kenai Spur Highway, often at high speeds. This creates safety concerns for pedestrians, visitors, and staff. In response, the Administration explored several deterrents. A marked police vehicle was temporarily parked at the site, which reduced speeding but was not sustainable as a long-term enforcement measure. Temporary concrete barricades blocking the Spur Highway exit successfully stopped the cut -through traffic but prompted complaints about appearance, restricted RV access (an original design intent), and interference with a private easement. Directional signage marking the exit as "Right Turn Only" was installed; while somewhat helpful, it lacked enforceability and was often ignored. Speed bumps, previously installed to slow traffic, have deteriorated due to snow removal and are now scheduled for replacement at an estimated cost of $15,000. The City is also considering a permanent reconfiguration of the Spur Highway entrance/exit, which would cost approximately $45,000. While these previous efforts have provided temporary relief, none have fully resolved the issue or offer a sustainable solution on their own. As a member of the Kenai Peninsula Borough's Safe Streets for All Action Plan coalition, the City of Kenai is acutely aware of potential traffic safety issues throughout the City. Noting that there are other parking lots where this occurs, this Ordinance is proposed to discourage the behavior and reduce the possibility of a serious accident. If enacted, violators may be assessed a $75.00 fine for its violation. Leaving a public roadway and using private or public property to access another public right of way creates potential conflict points for motorized vehicles and other road users, such as pedestrians on a sidewalk, or visitors walking across the parking lot to enter a building. Thank you for your consideration A RESOLUTION APPROVING AGREEMENT AND TERMINAL AMENDED AGREEMENT. Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2025-41 THE SIXTH AMENDMENT TO THE AIRLINE OPERATING AREA LEASE AND AUTHORIZING THE CITY TO EXECUTE THE WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Airport; and, WHEREAS, a recommendation of the 2007 Supplemental Planning Assessment was to update the City's airline operating agreement and terminal lease; and, WHEREAS, Council approved Resolution No. 2008-27 establishing a new airline operating agreement and terminal lease to modernize the airport airline terminal leasing procedures and policies and increase airport operating revenue effective June 1, 2008 for a sixty -month period; and, WHEREAS, Council approved Resolution No. 2013-31 approving the First Amendment to the airline operating agreement and terminal area lease effective July 1, 2013 for a sixty -month period; and, WHEREAS, Council approved Resolution No. 2018-43 approving the Second Amendment to the airline operating agreement and terminal area lease effective July 1, 2018 for a period of twelve months in consideration of the terminal rehabilitation project; and, WHEREAS, Council approved Resolution No. 2019-24 approving the Third Amendment to the airline operating agreement and terminal area lease effective July 1, 2019 for an additional twelve months due to delays in the terminal rehabilitation project; and, WHEREAS, Council approved Resolution No. 2020-35 approving the Fourth Amendment to the airline operating agreement and terminal lease that extended the term through June 30, 2025; and, WHEREAS, Council approved Resolution No 2022-25 approving the Fifth Amendment to the airline operating agreement and terminal lease to address changes in the airline insurance market to reflect current market conditions affecting available policies effective April 20, 2022; and, WHEREAS, City administration, working with an airport consultant, developed the Sixth Amendment to the airline operating agreement and terminal area lease which extends the agreement for five years beginning July 1, 2025 through June 30, 2030; and, WHEREAS, City administration consulted with Grant Aviation, Kenai Aviation, and Aleutian Airways, scheduled passenger airlines currently operating at the Kenai Municipal Airport regarding the agreement; and, WHEREAS, the Airport Commission recommended approval at their regularly scheduled meeting on June 12, 2025; and, WHEREAS, it is in the best interest of the City of Kenai to authorize the City Manager to enter into such agreement on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2025-41 Page 2 of 2 Section 1. That the Kenai City Council approves the sixth Amendment to the Airline Operating Agreement and Terminal Area Lease form as shown in Exhibit 1; and, Section 2. That the Kenai City Manager is authorized to enter into such an agreement with Grant Aviation, Inc. Section 3. That the Kenai City Manager is authorized to enter into such an agreement with Kenai Aviation. Section 4. That the Kenai City Manager is authorized to enter into such an agreement with Aleutian Airways. Section 5. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18T" DAY OF JUNE, 2025. Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Gabriel Council Members THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: June 9, 2025 SUBJECT: Resolution No. 2025-41 - Approving the Sixth Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City to Execute the Amended Agreement. City Administration worked with an airline consultant to negotiate a five-year agreement that beings July 1, 2025 through June 30, 2030 (Amendment 6). The City administration also met with the airlines to discuss the 6th amendment. The first year of the agreement has no rate increases. Each of the subsequent four years starting July 1, 2026 includes a 5% increase to the Exclusive Space, Joint Use Space, Apron/GSE Rental Rate, and Landing Fee. Each year also includes an 18% subsidy during the winter months and 6% Subsidy during the summer months. The City will calculate the actual allocated joint use space rental amounts based on actual passenger enplanement for the fiscal year. The administration recommends approval of the 6th amendment. Thank you for your consideration. Attachments- 6th Amendment, Exhibit A, B, C, E Exhibit 1 SIXTH AMENDMENT TO THE KENAI MUNICIPAL AIRPORT AIRLINE OPERATING AGREEMENT AND TERMINAL AREA LEASE THIS SIXTH AMENDMENT to the Kenai Municipal Airport Airline Operating Agreement and Terminal Area Lease (the "Sixth Amendment") is made and entered into this day of , 2025, by and between the City of Kenai, Alaska (the "City"), a political subdivision of the State of Alaska, and ("Airline"), a corporation organized and existing under the laws of the State of and authorized to do business in the State of Alaska. RECITALS The circumstances surrounding the making of this Sixth Amendment are as follows: A. City and Airline are parties to the Airline Operating Agreement and Terminal Area Lease (the "Agreement") dated June 1, 2008 as amended by the First Amendment dated June 1, 2013, Second Amendment dated July 1, 2016, Third Amendment dated July 1, 2019, Fourth Amendment dated July 1, 2020, and Fifth Amendment dated April 20, 2022 (herein referred to as the "Agreement"), under which Airline operates an Air Transportation business and leases property at the Kenai Municipal Airport. B. Pursuant to Section 12.20 of the Agreement, the Agreement may be amended in whole or in part without further consideration upon mutual written consent of City and Airline who both herein wish to amend the Agreement. C. Pursuant to Section 2.1 of the Agreement, the term originally began on June 1, 2008 and pursuant to Amendments is set to expire to June 30, 2025 unless further amended. D. Pursuant to Section 5.2 of the Agreement, the Landing Fee charges shall be based on the rate and amount then currently approved by the City as provided in Exhibit C. E. Pursuant to Section 5.3 of the Agreement, rentals for the Airline's Exclusive Use Space and Joint Use Space shall be based on the rate and amount then currently approved by the City as provided in Exhibit C. F. Pursuant to Section 5.4 of the Agreement, the Terminal Apron Aircraft Parking and GSE Space rentals shall be based on the rate and amount then currently approved by the City as provided in Exhibit C. Sixth Amendment - Airline Operating Agreement and Terminal Area Lease Page I of 5 LESSOR LESSEE AMENDMENTS 1. Section 1.1.17 of the Agreement is amended to read in its entirety as follows: "Signatory Airline(s)" shall mean those primarily commercial passenger service airlines which provide Air Transportation pursuant to published schedules over specified routes to and from the Airport and which hold the necessary authority from the FAA to provide such transportation and that have executed substantially similar agreements to this Agreement with the City, including term, covering the lease, use and occupancy of facilities at the Airport. A Signatory Airline or an Affiliate of such airline must lease Exclusive Use Space at the passenger terminal building, subject to the availability of space solely determined at the discretion of the City and must operate at least weekly service to the Airport on a year-round basis. Except as otherwise provided herein, no Signatory Airline shall have any right pursuant to this Agreement to object to the City's entry into the Agreement with any other airline. 2. Section 2.1 of the Agreement is amended to read in its entirety as follows: The term of this amended Agreement (the "Term") shall begin on July 1, 2025 ("Commencement Date") and shall terminate on June 30, 2030 (except as it may be terminated or extended in accordance with this Agreement), and the rentals, fees, and charges shall be effective on the Commencement Date, but only in the event that the Premises are then tendered to Airline ready for use and occupancy in accordance with the terms and provisions of this Agreement. 3. Section 5.3.3 of the Agreement is amended to read in its entirety as follows: 5.3.3 At any time during the current Fiscal Year, the City may decide in its sole discretion to adjust projected enplanements for the current Fiscal Year provided in Exhibit C. Such adjustment will result in calculated adjustments to the Airline's allocated joint use space rental amounts for the remainder of the current Fiscal Year to reflect the Airline's percent of total enplanements resulting from the City's revised enplanement projection. However, if only one commercial passenger airline provides service to the Airport for the remainder of the current Fiscal Year, such adjusted percentage shall not exceed 50% of total projected enplanements for the current Fiscal Year. 4. Section 5.3 of the Agreement is amended to include a new subsection 5.3.5 as follows: 5.3.5 Reconciliation of Prior Year Joint Space Rental Allocations - Within sixty (60) days of the end of each Fiscal Year of the Agreement, the City shall calculate the actual allocated joint use space rental amounts based on actual passenger enplanements for the preceding Fiscal Year. The City shall then calculate the amounts of joint use space rental amounts that should have been paid by each of the Signatory Airlines during the preceding Fiscal Year based on such actual passenger enplanements following the Sixth Amendment - Airline Operating Agreement and Terminal Area Lease Page 2 of 5 LESSOR LESSEE Exhibit 1 calculation methodology provided in Exhibit C. Amounts paid by Signatory Airlines in excess of actual requirements (surpluses) shall be refunded by the City to the Signatory Airlines that conducted Air Transportation operations at the Airport during the preceding Fiscal Year within twenty (20) days of the City's completion of the reconciliation calculation. The City shall prepare and transmit invoices to the Signatory Airlines that conducted Air Transportation operations at the Airport for amounts actually required in excess of amounts paid (deficits) within twenty (20) days of the City's completion of the reconciliation calculation. Airline shall then pay the City within twenty (20) days of the invoice date. If any Signatory Airline's Agreement is terminated for any reason prior to the end of Term specified in Section 2.1, the City in its sole discretion may conduct a reconciliation calculation as described in this Section 5.3.5 as of the early termination date. Under this Section 5.3.5, obligations of the City and the Signatory Airline shall survive the expiration or earlier termination of this Agreement. Further, the City shall have the right of offset for any reconciliation amounts it owes to the Airline against any other obligation of the Signatory Airline to the City that is unpaid. 5. Section 10.2.3 of the Agreement is amended to read in its entirety as follows: Airline may terminate this agreement if Airline terminates its Air Transportation business at the Airport, at any time that Airline is not in default in its payments or other obligations to City hereunder, by giving the Manager one -hundred eighty (180) days advance written notice. Airline termination shall not be effective unless and until at least one -hundred eighty (180) days have elapsed after written notice to City specifying the date upon which such termination shall take effect. 6. Exhibit C - Airline Rate Schedule: Rental rates and fees for the first year of the Agreement (Fiscal Year July 1, 2025 through June 30, 2026) will reflect no increases from the prior year. For each subsequent Fiscal Year (July 1 through June 30) of the Agreement, the Exclusive Space Annual Rental Rate, the Joint Use Space Annual Rental Rate, the Apron/GSE Annual Rental Rate, and Signatory Landing Fee in Exhibit C will reflect a 5% annual increase. For every year of the Agreement, rental rates for Joint Use Space will be subsidized by 18% during the six month period October through March (the "winter" months) and rental rates for Joint Use Space will be subsidized by 6% during the six month period April through September (the "summer" months). 7. All other terms and conditions of the Agreement shall continue in full force and effect except as modified by this Sixth Amendment. Sixth Amendment - Airline Operating LESSOR Agreement and Terminal Area Lease LESSEE Page 3 of 5 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. CITY OF KENAI L00 Terry Eubank Its: City Manager (If Lessee is a Corporation) ATTEST: Name Title First Last Name Its: Sixth Amendment - Airline Operating LESSOR Agreement and Terminal Area Lease LESSEE Page 4 of 5 Exhibit 1 STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2025, by Terry Eubank, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public in and for Alaska My Commission expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY the foregoing instrument was acknowledged before me this day of , 2025, by President of an Alaska corporation, on behalf of the corporation. Notary Public in and for Alaska My Commission expires: Approved by Kenai City Council Approved as to lease form by City Attorney Approved by Finance Director Approved by City Manager Return to: City Clerk 210 Fidalgo Ave. Kenai, AK 99611 Sixth Amendment - Airline Operating LESSOR Agreement and Terminal Area Lease LESSEE Page 5of5 W J Q U U) O O z L 0 z_ 0 L 2 H It W O W U) U) U) U) W W J J LL LL LL U) U) U) LO Lo OLOLI Q W U Q a O LL, > Q U J Q J Q � U U _ W W Q Y Q z W Y m X w 9 Bn p a.eds anlsgo- q-e Ilq,q-n.Aq-e Ilglgxa suolsin J 6loz\S3sn1 ]Alsnioo i 9 - V SiIOIHX3\lvnNVW 1?J3O IVN3X\IhO�\:A W J Q U U) O O z L 0 z Q 0 L 2 H LL U) O 00 11 W U a_ U) L.0 U) D H Z 0 J H 0 H It W O W U) U) U) U) W W J J W U Q 0- W Q � J z Q U 0 _- Z � Q D Z 2 m Y Z W m X w 9 Bn p a.eds anlsgo- q-e Ilq,q-n.Aq-e Ilglgxa suolsin J 6loZ\S3sn1 ]Alsnioo i 9 - V SiIOIHX3\lvnNVW 1?J3O IVN3X\IhO�\:A a 9 x_,.x Q p p p I 0� H a p p II p p i V c') D0W 2 W LU p p p p Q Qi it a w p w p L p 6 2 pp LU 1 � LL G d C to N � LL C d fn O _ cc Y Q o T I 3NOZ J1133dS b30N3SSVd I I I I LL Q � n M I I I I LO N N 0) m a O1 n n 00 L!1 M n N O M N O N N w d' .-1 O1 O ti M N "I en T L m O7 N 'Xi Il oc lD L!1 Il N N E M .-1 d' w ti ti 00 ti ti rl en to to to to to to to to to to 4? 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W r wO ^O W M +O+ W 'O p •-1 '0 m O M W W J in in in in in J j a xx xx v cr U m U � o V E E M N Y v Q Q N Y c n n v v w ii ii N n u �.\\ V Q O O C m a.o Q. N ,v. ,v. •_ Vf L _ _ _ m N W Q NO i0 O V E W O N qj u (7 W .-1 a. C CC ^.: c c \ m E G C c c G Ul : a a a a O O m Q � w a.m m a. •U c iy �y c N .-1 T T Q Ul V v�p m -O (� Q 'O Q ii 3k V "6 "6 '., m "6 N S' \ pZj C W 3 a c u m 2 m � � m C c } a a a^ o J n n w° a u E c w m G = N N Ul Ul Q W m v v �; "> a " u m N b0 N m w w m H ap qj m G 2' 2' IJI1nj E m C C `. G G O c G G O G v m m v m m m 'O O � Q m d Q m m 0 Y '.4: w a Q % Iw ix � H H Y Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2025-42 A RESOLUTION AUTHORIZING A CONTRACT AWARD FOR THE COMMUNITY WILDFIRE PROTECTION PLAN PHASE THREE. WHEREAS, an Invitation to Bid was released on May 13, 2025 with bids due on June 10, 2025 for the Community Wildfire Protection Plan Phase 3; and, WHEREAS, two bids were received Contractor DAKLO, LLC Bond Brothers, LLC Total Bid Price $210,500 $251,450; and, WHEREAS, DAKLO, LLC was the lowest bid for the project with a total price of $210,500; and, WHEREAS, the bids were determined to be responsive and responsible; and, WHEREAS, it is in the best interest of the City to award the contract to DAKLO, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a contract with DAKLO, LLC in the amount of $210,500 for the Community Wildfire Protection Plan Phase 3. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18T" DAY OF JUNE, 2025. Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk Approved by Finance: New Text Underlined; [DELETED TEXT BRACKETED] City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Lee Frey, Public Works Director DATE: June 10, 2025 SUBJECT: Resolution No. 2025-42 - Authorizing a Contract Award for the Community Wildfire Protection Plan Phase Three. This memo requests Council's approval to award a contract for the Community Wildfire Protection Plan Phase 3 to DAKLO, LLC. The project was released for bidding and two bids were received. Bids received are as follows: Contractor DAKLO, LLC Bond Brothers, LLC Total Bid Price $210,500 $251,450 DAKLO, LLC was the low bidder for the project with a total cost of $210,500 for base bid and additive alternate. This project will clear dead spruce within City of Kenai land along Marathon Road and the drainage way to the east. Award of this agreement is in the best interest of the City. Council's approval is respectfully requested. Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2025-43 A RESOLUTION AUTHORIZING A CONTRACT AWARD FOR THE DIPNET DUMPSTERS AND PORTALETS FOR FISCAL YEAR 2026. WHEREAS, an Invitation to Bid was released on May 20, 2025 with bids due on June 10, 2025 for the Dipnet Dumpsters and Portalets FY26 contract; and, WHEREAS, one bid was received Contractor Peninsula Pumping Inc. Total Bid Price $85,619.86; and, WHEREAS, Peninsula Pumping Inc. was the lowest bid for the project at $85,619.86; and, WHEREAS, the bid was determined to be responsive and responsible; and, WHEREAS, it is in the best interest of the City to award the contract to Peninsula Pumping Inc. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a contract with Peninsula Pumping Inc in the amount of $85,619.86 for the Dipnet Dumpsters and Portalets FY26 contract. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18T" DAY OF JUNE, 2025. ATTEST: Michelle M. Saner, MMC, City Clerk e, Approved by Finance: , Brian Gabriel Sr., Mayor New Text Underlined; [DELETED TEXT BRACKETED] City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Lee Frey, Public Works Director DATE: June 10, 2025 SUBJECT: Resolution No. 2025-43 - Authorizing a Contract Award for the Dipnet Dumpsters and Portalets for Fiscal Year 2026. This memo requests Council's approval to award a contract for the Dipnet Dumpsters and Portalets FY26 to Peninsula Pumping Inc. The project was released for bidding and one bid was received. Bid received is as follows: Contractor Peninsula Pumping Inc. Total Bid Price $ 85,619.86 Peninsula Pumping Inc. was the low bidder for the project with a total cost of $85,619.86 for the project. This contract will provide and service dumpsters, portable toilets and hand washing stations for the dipnet fishery. Award of this agreement is in the best interest of the City. Council's approval is respectfully requested. KENAI CITY COUNCIL — REGULAR MEETING Page 32 JUNE 4, 2025 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on June 4, 2025, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Henry Knackstedt, Vice Mayor Phil Daniel Deborah Sounart (remote attendance) Alex Douthit Victoria Askin Sovala Kisena A quorum was present. Also in attendance were: Terry Eubank, City Manager Scott Bloom, City Attorney David Swarner, Finance Director Kevin Buettner, Planning Director Tyler Best, Parks and Recreation Director Lee Frey, Public Works Director Derek Ables, Airport Manager Dave Ross, Police Chief Shellie Saner, City Clerk 3. Agenda and Consent Agenda Approval Mayor Gabriel noted the following additions to the Packet: Add to item E. 1. Public Hearing - Ordinance No. 3471-2025 • Informational Memo Add to item E. 8. Public Hearing - Resolution No. 2025-37 • Memo • Map MOTION: Vice Mayor Knackstedt MOVED to approve the agenda and consent agenda with the requested revisions. Council Member Askin SECONDED the motion. The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment on consent agenda items. Beth Odom, Kenai Resident addressed the Council in opposition to Ordinance No. 3478-2025. City of Kenai Council Meeting Page 1 of 11 June 4, 2025 There being no one else wishing to comment, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non -controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED ADMINISTRATIVE REPORTS - None. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS Patty See, Kenai Resident addressed the Council noting the City was doing a wonderful job; the Airport Landscaping is beautiful; removal of the beetle kill is making the community safer; requested the City look into long-term permanent artwork for light posts; and she noted concerns with the condition of the paved trails along the Kenai Spur Highway. Beth Odom, Kenai Resident addressed the Council with concerns regarding when the water bottle filling station will be installed at the Rec Center; and the condition of the Field of Flowers. Samantha Springer, Executive Director of the Kenai Chamber of Commerce & Visitor Center addressed the Council regarding the upcoming Lemonade Day; First Friday; coordination with the Library for a Cultural Story Time; preparations for the upcoming 4th of July Parade; and Aleutian Airways Grand Opening at the Kenai Airport. E. PUBLIC HEARINGS 1. 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) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3471-2025. Council Member Sounart SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. MOTION TO AMEND: Council Member Kisena MOVED to amend the Fiscal Year 2026 Draft Budget Document as follows: Amend the position title from Administrative Assistant II, locations: General Fund - City Clerk, page 72 Organizational Chart Staffing Table Average Overtime Table Authorized Personnel Staffing Table, page 333 Department: City Clerk Organization Chart, page 338 to Administrative Assistant III in the following City of Kenai Council Meeting Page 2 of 11 June 4, 2025 Department: City Clerk Amend the position grade from 14 to 15 in the following locations: General Fund - City Clerk, page 72 Staffing Table, Proposed FY26-Grade Column and Projected FY27-Grade Column. Authorized Personnel Staffing Table, page 333 Department: City Clerk, FY2026-Grade Column. Vice Mayor Knackstedt SECONDED the motion. It was reported that this would expand the responsibilities of the Deputy Clerk as the lead for City Records Management Program, aligns the position with similar Administrative Assistant III positions; and allows for recruitment and retention of qualified candidates. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND: Vice Mayor Knackstedt MOVED to amend the Fiscal Year 2026 Draft Budget Document as follows: General Fund - Legislative, page 83 Increase the Grants to Agencies section by an additional $500; and, General Fund - Legislative, page 84 Add Industry Appreciation Day to the 5047 Grants to Agencies list for $500. For an overall increase of $500 to the Fiscal Year 2026 Annual Budget Document. Council Member Askin SECONDED the motion. It was reported that this item was removed as a result of the Budget Work Session; the event added value to our community and this amendment put the funding back into the budget. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Douthit MOVED to amend the Fiscal Year 2026 Draft Budget Document as follows: General Fund - Legislative, page 83 Increase the Grants to Agencies section from $500 to $1,000; and, General Fund - Legislative, page 84 Increase Bridges Community Resource Network in the 5047 Grants to Agencies list from $500 to $1,000. For an overall increase of $500 to the Fiscal Year 2026 Annual Budget Document. Council Member Daniel SECONDED the motion. There was discussion regarding the huge impact on our community from Project Homeless Connect; Bridges Community Resources did not request the increase, the amendment was brought forward to acknowledge the great work they do here. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Douthit MOVED to amend the Fiscal Year 2026 Draft Budget Document as follows: General Fund - Legislative, page 83 City of Kenai Council Meeting Page 3 of 11 June 4, 2025 Increase the Grants to Agencies section by an additional $2,500; and, General Fund - Legislative, page 84 Add Child Advocacy Center to the 5047 Grants to Agencies list for $2,500. For an overall increase of $2,500 to the Fiscal Year 2026 Annual Budget Document. Council Member Daniel SECONDED the motion. It was reported that initially this was to assist with the federal funding deficit; the Alaska Legislature has since approved State funding to assist with the deficit; funding from the City could be used as a local match for grant applications; they had originally asked for more; and the agency worked in our community helping children. There was discussion regarding the agency having received State funding since their presentation; having more information from the agency would help in this decision making process; and questions arose regarding the location of their main office and where they operate here in the City. [Clerk's Note: The motion to amend was withdrawn with the consent of the second. (KMC 1.15.060(g)] MOTION TO AMEND: Council Member Kisena MOVED to amend the Fiscal Year 2026 Draft Budget Document as follows: General Fund - Legislative, page 83 Increase the Grants to Agencies section from $2,500 to $5,000; and, General Fund - Legislative, page 84 Increase Kenai Watershed Forum in the 5047 Grants to Agencies list from $2,500 to $5,000. For an overall increase of $2,500 to the Fiscal Year 2026 Annual Budget Document. Vice Mayor Knackstedt SECONDED the motion. It was reported the amendment was proposed to acknowledge the services that Kenai Watershed Forum provided to our community through the work they do; their agency does a number of tests along the Kenai River; and earlier this year they provided multiple detailed presentations on their work. There was discussion regarding the agency using the City's Lab for testing as an in -kind donation; this increase would be $3,500 increase from the previous years funding. VOTE ON THE MOTION TO AMEND: YEA: Kisena NAY: Sounart, Knackstedt, Askin, Douthit, Gabriel, Daniel MOTION TO AMEND FAILED. MOTION TO AMEND: Council Member Askin MOVED to amend Ordinance No. 3471-2025: Title to read, "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] 2,848,077 of General Fund, Fund Balance for Future Capital Improvements." Sixth whereas clause to read, "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] 2,848,077 towards funding of The Plan for fiscal years 2026-2030." Section 2 to read, "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 City of Kenai Council Meeting Page 4 of 11 June 4, 2025 Page 36 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] 22,495,988 Enterprise Fund Congregate Housing Fund 751,454 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 Waste 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] 42,144,390 Section 3 to read, "Council hereby commits $[2,850,457] 2,848,077 of Unassigned General Fund, Fund Balance for future renovations and improvements to City facilities." Vice Mayor Knackstedt SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: YEA: Knackstedt, Askin, Douthit, Kisena, Gabriel, Daniel, Sounart NAY: None MAIN MOTION AS AMENDED PASSED. 2. Ordinance No. 3472-2025 - Accepting and Appropriating Grant Funds from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) City of Kenai Council Meeting Page 5 of 11 June 4, 2025 MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3472-2025. Council Member Sounart SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Askin, Douthit, Kisena, Gabriel, Daniel, Sounart, Knackstedt NAY: None MOTION PASSED. 3. 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) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3473-2025. Council Member Sounart SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Douthit, Kisena, Gabriel, Daniel, Sounart, Knackstedt, Askin NAY: None MOTION PASSED. 4. 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) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3474-2025. Council Member Sounart SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that this represents unspent fund from Capital Projects and returns those funds to their original funding source. VOTE: YEA: Kisena, Gabriel, Daniel, Sounart, Knackstedt, Askin, Douthit NAY: None MOTION PASSED. 5. 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) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3475-2025. Council Member Akin SECONDED the motion. City of Kenai Council Meeting Page 6 of 11 June 4, 2025 Page 38 Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Gabriel, Daniel, Sounart, Knackstedt, Askin, Douthit, Kisena NAY: None MOTION PASSED. 6. Resolution No. 2025-35 - Approving a Memorandum of Understanding Between the City of Kenai and the Salamatof Tribe to Recognize Areas of Mutual Concern and Support, establish a Framework for Cooperative Relationships, and Promote Government -to - Government Communication for the Benefit of the Community of Kenai as a Whole. (Daniel) MOTION: Council Member Daniel MOVED to adopt Resolution No. 2025-35. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that this and the next resolution would establish a collaborative framework and formal relationship with the tribes; and provided opportunities to work mutually on projects that are concerns to both the City and Tribe. There was discussion in support and appreciation stated for Council Member Daniel for bringing the Resolution forward. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 7. Resolution No. 2025-36 - Approving a Memorandum of Understanding Between the City of Kenai and the Kenaitze Indian Tribe to Recognize Areas of Mutual Concern and Support, establish a Framework for Cooperative Relationships, and Promote Government -to -Government Communication for the Benefit of the Community of Kenai as a Whole. (Daniel) MOTION: Council Member Daniel MOVED to adopt Resolution No. 2025-36. Vice Mayor Knackstedt SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported this was very similar to the previous Resolution and provided framework for the existing relationship with Kenaitze. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 8. Resolution No. 2025-37 - Approving a Limited Road Maintenance Agreement Between the City of Kenai and the Kenaitze Indian Tribe. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2025-37. Council Member Askin SECONDED the motion. City of Kenai Council Meeting Page 7 of 11 June 4, 2025 Page 39 Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that the Tribe plans to develop the parcel for senior housing; they will build the road to City standards; the Tribe will be responsible for keeping the road clear for maintenance; the City will review and approve engineering plans before construction begins; and the Tribe will provide easements for water and sewer utilities. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 9. Resolution No. 2025-38 - Renaming South Spruce Street to Kenai Beach Street. (Knackstedt) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2025-38. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that this was brought forward to provide clarity to residents and visitors; addresses the informal reference to the as "road to the beach"; and would reduce confusion. There was discussion regarding property owners having to update their mailing addresses, signage and business materials. MOTION TO REFER AND POSTPONE: Vice Mayor Knackstedt MOVED to refer Resolution No. 2025-38 to the June 25, 2025 Planning and Zoning Commission meeting for recommendation, and postpone Resolution No. 2025-38 to the July 2, 2025 City Council Meeting. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to refer and postpone. VOTE: There being no objection; SO ORDERED. 10. Resolution No. 2025-39 - Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2025 and Ending June 30, 2026. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2025-39. Council Member Sounart SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. Appreciation was stated for the ability to bring forward a level property rate. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 11. Resolution No. 2025-40 - Amending the Comprehensive Schedule of Rates, Charges and Fees to Incorporate Fiscal Year 2026 Budget Changes to Include Adjusting Airport Fees, Animal Control Fees, Library Fees, Multipurpose Facility Fees, Building Permit Fees and Adjusting the Monthly Rental Rates for Vintage Pointe. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2025-40. Council Member Askin SECONDED the motion. City of Kenai Council Meeting Page 8 of 11 June 4, 2025 Mayor Gabriel opened the floor for public comment. comment period was closed. Page 40 There being no one wishing to be heard, the public It was reported that this was a final step in the budget process and incorporated changes in the fee schedule. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. F. MINUTES G H 1. *Regular Meeting of May 21, 2025. (City Clerk) UNFINISHED BUSINESS - None. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) Approved by the consent agenda. 3. *Action/Approval - Special Use Permit to Empire Airlines, Inc. for Use of 11,250 Square Feet of Apron Space at the Kenai Municipal Airport for Aircraft Parking. (Administration) Approved by the consent agenda. 4. *Action/Approval - First Amendment to the Agreement with Tyler Distributing Company, Inc. for ATM Services at the Kenai Municipal Airport Terminal. (Administration) Approved by the consent agenda. 5. *Ordinance No. 3476-2025 - Increasing Estimated Revenues and Appropriations in the General Fund - Fire Department Personnel Budget for Fiscal Year 2025 for Unanticipated Overtime Costs Resulting from Vacancies and Retirements. (Administration) Introduced by the consent agenda and Public Hearing set for June 18, 2025. 6. *Ordinance No. 3477-2025 - Increasing Estimated Revenues and Appropriations in the General Fund - Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association for the Purchase of a Ballistic Vest. (Administration) Introduced by the consent agenda and Public Hearing set for June 18, 2025. 7. *Ordinance No. 3478-2025 - Enacting Kenai Municipal Code Section 13.30.070 -Travel Through Private or Public Property, and Incorporating a Fine into Kenai Municipal Code 13.10.015 - Minor Offense Fine Schedule. (Administration) Introduced by the consent agenda and Public Hearing set for June 18, 2025. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Commission No report, next meeting June 12, 2025. City of Kenai Council Meeting Page 9 of 11 June 4, 2025 2. Airport Commission No report, next meeting June 12, 2025. 3. Harbor Commission No report, next meeting June 9, 2025. 4. Parks and Recreation Commission No report, next meeting June 5, 2025. 5. Planning and Zoning Commission Council Member Askin reported on the May 28, 2025 meeting, next meeting June 25, 2025. 6. Beautification Commission No report, next meeting September 9, 2025. I REPORT OF THE MAYOR Mayor Gabriel thanked Vice Mayor Knackstedt for filling in and reported on the following: • Viewing the ongoing Bluff Stabilization Project. • Congratulated the Kenai Central High School Girls Soccer Team for winning State. • Attending the Kite Festival. K. ADMINISTRATION REPORTS 1. City Manager - City Manager Eubank reported on the following: • Congratulated Police Officer, Luke Michaels for graduating from the Trooper Academy. • Currently recruiting for a police officer, animal control officer, administrative assistant in the Planning Department and Parks and Recreation attendants. • Congratulated Director Best and the Parks staff for a successful Kite Festival and Plant Day. • Bluff Project update included plans to create a time-lapse video using drone footage of the project. • Upcoming site visit with the Army Corps of Engineers on the Bluff Project. 2. City Attorney - No Report. 3. City Clerk - Update on Business Licensing. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) Marion Nelson, Board Member for the Kenai Art Center addressed the Council regarding the upcoming show, "Clay on Display" 2. Council Comments Vice Mayor Knackstedt expressed his appreciation for the regular F-22 flyovers; reported attending the community Memorial Day events and Kite Festival; and thanked the Parks & Recreation Department for placing American Flags along the road. Council Member Kisena thanked Director Best and staff for the Kite Festival, noting the positive feedback he heard; and encouraged residents to explore the Kenai trail systems. City of Kenai Council Meeting Page 10 of 11 June 4, 2025 Page 42 Council Member Daniel thanked the Administration for their work on the Memorandum of Understandings with the Tribes; reported attending the Mountain View last day of school barbeque; and noted he was looking forward to Lemonade Day and the Air Fair. Council Member Askin congratulated new Police Officer, Luke Michaels; thanked Director Best and staff for the amazing work they do; noted it was interesting to watch the activity on the Bluff Stabilization Project; and thanked the Administration for the budget process. Council Member Sounart thanked the Administration for the budget process; Director Best and staff for the Kite Festival; noted watching the Bluff Stabilization Project activity; and wished everyone a happy summer. Council Member Douthit stated he had been touring trade schools with his son, and missing out on some of the local activities; noted he was looking forward to the results of the Parks & Recreation Master Plan; and thanked the Parks and Recreation Department for the hard work they do. M. EXECUTIVE SESSION - None. N. PENDING ITEMS - None. O. ADJOURNMENT P. INFORMATIONAL ITEMS - None. There being no further business before the Council, the meeting was adjourned at 8:04 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of June 4, 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. City of Kenai Council Meeting Page 11 of 11 June 4, 2025 LO N C N co Irl z i� O C9 z H w w J_ U z D U z w F- a w 0 z O CL w U N w 0 w O 0 z w ti 0 ti 0 0 r U) w_ J H 0 w C7 U_ w H U W J w U H U w J w w 2 O v rn uO C Cl N r 9 G U w CO l' w IL N H z w N w > z z O d OC U N w 0 w O 0 z w MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: June 5, 2025 SUBJECT: Action/Approval — Kenai Golf Course Liquor License Transfer of Ownership The following establishment has applied to the Alcohol and Marijuana Control Office (AMCO) for a transfer of Ownership of license: Transferor: Griffin Golf LLC Transferee: KNC Golf Inc. D/B/A: Kenai Golf Course License Type: Golf Course License No.: 5788 Pursuant to KMC 2.40, a review of City accounts has been completed on the transferor and transferee and they have satisfied all obligations to the City. With the approval of Council, a letter of non -objection to the liquor license transfer of ownership will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. From: Sawyer, Jane Preston (CED) To: City Clerk; micheleturner(aftb.us; ikasper(aftb.us; sessert(aftb.us; mien kins(a)kpb.us; nscarlett(aftb.us; mboehmler(a)kpb.us; rraidmae(a)kpb.us; slopez(aftb.us; bcarter(aftb.us Cc: AMCO Local Government Only (CED sponsored); Subject: LGBs.Notice.TransferApp. ID5579.Lic. 5788.GolfCourseLic. Kenai Golf Course Date: Tuesday, May 13, 2025 8:33:03 AM Attachments: Transfer Application ID 5579 + Diaaram Lic. 5788 Kenai Golf Course.Ddf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Local Government(s), Cc: Proposed Licensee LGBs: This is your notice under AS O4.11.520 of a transfer application of the alcohol license mentioned in the subject line. Under AS O4.11.480, the local government has 60 days to protest the application. App. ID: 5579 License No.: 5788 License Type: Golf Course License From (current licensee): Griffin Golf, LLC / Mark Griffin and Lara Griffin DBA: Kenail Golf Course Licensed premises: 1500 Lawton Drive Kenai AK 99611 Contact: Mark and Lara Griffin / To (new licensee): KNC Golf, Inc. DBA: Kenai Golf Course Licensed premises: 1500 Lawton Drive & 1420 Lawton Drive (contiguous parcels per the applicant), Kenai, AK 99611 Contact: William S Coghill / Thank you Jane Jane P. Sawyer Program Coordinator 2 DCCED-Alcohol and Marijuana Control Office 550 W. 7th Avenue, Suite 1600 Anchorage, AK 99501 Alcohol and Mariijoana Cant 550 VV 7"', A,v e nu e, S Page 46 Anchorage, alcohoLlfcemir p6balaska-eov LtI2 J.www,corn-.r-,.1askq;LovLwe4 L a_-c- . Phone; 90716M350 Alaska Alcoholic Beverage Control Board Firm AB-01: Transfer License Application Mi This transfer ficenise appflcation form, is required for all individuals or entities seeking to apply for the transfer of ownershilip, and/as, location of an existing Hq uor license. Applicants s hoWd review Title 04 of Alaska Statutes and Chapter 05 of the Alaska Administrative Code, Ah fields of this, form muist be completed, per AS 04,11,260, AS 04JI �280, AS 04,11,290, 3 AAC 015,045 and 3! AAC 305.0601, This form must be completed and submitted to AMCO's Anchorage office, along with alli other required forms and, documents before any license application wilif be considered complete. Section I - Transferor Information Enter Information fair the current I k�enseie and incensed esta Wishment, Licensee License #- 6-7eg License Type: G66.OtMIX Statutory Reference- 45 014.09,300 Doing Business As. Keri Ncstr tout - . ................ Premises Address: �o LA4AM0J VOL, XL50 City: state': 414%i ZIP, � co (.I Local Governing BodyLBo!#es. exryor- V'ewk) Transfer Type: Regular transfer U, Transfer with security interest Invaiuntary retransfer Ca nitrOlng interest transfer tocation transfer OFFICE USE ONLY Complete Date., Transaction Mr; . . ........... ffoard Mee 0179 1 Lkense Years. . . . . ..... . . ........ . . . . . . . ........................ . .. . Issue Date: [Form AS-011 (rev 7/16/2024) s Page 1 of 7 Akohoil and Marijuana Cont 550 W V, Avenue, Lage 47J Anchorage, alicoh lj1cen�lngj2g PWrie: 907,,269,0350 Form AB-01*. Transfer License Application Sect,110in. 2 - Transferee linftrinniation Enter Information fcrr the new applicant and/or location seeking to be I icensed. Licensee: Doing Business As- K SN A I CV a 94: CIO U 1111W Premises Address: LIAAAMOV,D)p City: 1AFN 41 Mate 4AASKA ZIP: � I clq L9 q-6 il— Community Council, (if applicable): Yes No, Seasonal License'? I lf"Yes", write your six-mionth operating period: 9 L—J Zieafion,3 - Pirles Inforr"atiol Premises to be licensed is. IRan existing facility 0 a new bulicling a proposed building The next two questions must be completed by beveragg disgenLant (Including tourism,) and package store applicants only., What is the distance of the shortest pedestrian route from, the public entrance of the building of your proposed premises to the outer boundaries of the nearest school grounds? include the unlit of measurement in your answer (Must be in feet). What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premise's to the public entrance of the nearest church building? Include the unit of measurement In your answer (Must be in feet.) [Form AB-01 I (rev 7/16/2024) Page 2of 7' Alcohoi and Marijuana Cont 550 VVVh Avenve, S Page 48 Anchorage, al S �hol]lcen�slnla la v L arnvico P h a ne,., 907.269.03 SO Fo,rim AB-01: Transfer License Application e, This section must be completed by any jo—l—e-proprietor who is applying for a license. Entities shouldi skip to section S. If mmo�re space is needed, please attach a separate sheet, with the reqluiired information. The folfowing information must be completed for each licensee and each affiliate (spouse). This individual Is an. Ul! appliicant 0 7-11 affiliate Name: Address: City; Zli State: p: Email: Phone: Thisindividuallsam applicant Eli affiliate Name., Address: City: Stater ZIP: Email: Phone: �� 111[ 1:1111111111 �' ' l4=MV-1s, This section must be completed by any Sntl ty, including a corporation, Ilimited liability company (LLC), partnership, or limited partnership, that Is applying for a license. Sale proprietors should Skip to Section 6. If more space is needed!, please attach a separate sheet with the required information. 0 If the appllicant is a �"r qra I _gM the application shall be executed by an authorized officer of the Corporation, information must be completed below for each stockholder who owns 10% or more, of the stock in the corporation, and for each president, vice-president, secretary, and managing officer. 0 If the applicant is a Li_mjlg_d_IiAb_ii_i_ty_car _ga_n_izii_tLo-n, whether manager managed or member managed, the following information must be completed for each member with an ownership interest of 10% or more and for each manager regardless of ownership share,, 0 If the applicant is a pqjrOSrLh1p, including a jjMjtgO.RRLMffjbjp, the following information must be completed for each partner with, an interest of 10% or more, and for each general partner. 0 For anySnil ty , identify a i I affi hates for your organization as defined at 3 AAC 305.95 0. [Form AB-011 (rev 7/16/2024) Page 3 of 7 Ncohol a5n0 Ma"d1jAuvaella C,il55W7uet Page 49 Anchorage, al5ofi; l,ittas:llwww,commerco.a9aska.p,ov web amco Phone: 907.269.01350 Alaska Alcoholic Beverage Control Board, Form AB-01-, Transfer Licen,se Application Residency of Agent: Yes No Ooes your registered agent satisfy the requirement of AS 04,11,430? 2 1 01 (Form W011) (rev 7/1612024) Page 4 of 7 Mcoholl and Manjuana Cant 550 W 71w1 Aventw, SL:.ge 50J Anchorage, Otcob httDsJJw,wwcorr merce.alaska.pcan /vvelbLamco Phone: 907.269.0350 Foirm ABi-�01: Transfer License Application ownership and financial Interest In other alcoholic beverage businesses: Yes No Does any representative or owner named as a transferee in this application have any direct or indirect 1 financial interest in any other alcoholic beverage business that does businessin or is licensed! in Alaska? Li 14 If "Yes", disclose which: Individual(s) has the financial Interest, what the type of business is, and if licensed In, Alaska, which license nurnberts) and license (voe(s): Section 7 - Authorization, Does any person other than a licensee named in, this application have authority to discuss this license with AMC O staff"? If "'Yes", disclose the name of the individual and the reason for this (Form AB-011 (rev 7/16/2024), Page 5 of 7 . 4 0 *. I IM dr # Alcohol and Marijuana Cont 550 VV71J1 Avenue, 5 Page 51 Anchorage, Z v o_ https.1/ww�w.coimrnerce,alas k!a.Rov/we,b/aaiito, Phone; 907,269.0350 Elms= Additional copies of this page may be attached, as needed, for the controlling interest of the current licensee to be represented, I declare under penalty of perjury that the undersigned represents a controlling interest of the current licensee, I additionally certify that I, as the current licensee (either the sole proprietor or the controRing Interest of the currently licensed entity) have examined this Signatureoftrar 6or I ta . . . ... . ..... Printed name of transferar Subscribed and sworn to before me this �O—day ofleaMbef 20 CATHERINE Jw diRAS Notary Publl,� State, of Alask4� MY COMI"ission Expire-, ct 8, 2025 Signature of Notary Public NotarV Public in and for the State of — A4 C, &[C^'- MZ commission signatA-; transferor —LAIZ114 -<� P11 pIr- Printed name of transferor Subscribed and sworn to before me this ,,day crf --- --- 2q. Oa:Ltcl�y AA Signitture of Notary Public C V �z CATHERINE J, BRAS Notary Public Notary Public in end for the State of 2�as State ref Alaska My Commission Expires tact 8, ti 5 My commission expires:—A--�&�--Zo [Forna AO-011 (rev 7/16Y2024l Pace 61 of: 7 Alcohol and M�arijuana Con't 5�50 W 711, Avenue, 5 Anchorage, glcohw Lkcensimg!21� cbv L"AIKIL-�N- -d�laoal �p A=0 Phone: 907.269.,OASO 3=1. =..,I Foirm AB-01: Transfer Liceinse Application Readeach line below, and then sign your initials in the box to the right of each statement - I certify thait all proposed licensees (as defined in AS 04. 11.260) and affiliates have been listed, on this application. I certify that all proposed licensees have been listed with the DivWon of Corporations. ii certify that I understand that providing a false statement on this form or any other form provided by AMCO Hs, grounds for rejection or denial of this applicationor revocation of any license issued. i certify that all licensees, agents, and;, employees who sell or serve alcoholic beverages or, check the identification, of a patron wifl complete an, approved alcohol server education course, If required by AS 04,21,025, and, while selling or serving alcoholic beverages, will, carry or have available to show al current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required b'y 3 AAC 305.70O I agree to provide all information required by the Alcoholic Beverage ontrol Board In su pport of this application, i hereby certify that I am the person herein named, and suibscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all the information contained herein, and evidence or other documents submitted are true and currect. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support,this application,, is, sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 1156110 to falsify an application and commit the crime of unsworn, falsification,. I certify that I and any individual identified in the business entity ownership section of this application, has, or wili read AS 04 and its implementing regulations. 0411A Ilrur Signature of Notairy Public NOW E Notary public in and for the State of --Lk—.q—s I —C-4N, My commission exg!Les, , _M-Rlu , CATHEMNE J, BRAS Notary Public Subscribed and sworn to before me thisAtay of Race of Alaska 201L My Conan 4sion Expires Oct 8,, ]2025 [form, AB-01) (rev 7/16/20241 Page 7 of 7 0 VMWHM��� ,Alcohol and Marijuana Cont 550 W 71h Avenue, SLP�age 53 Anchorage, j a LC a —h �eLaLkzxovv httDS:JYW'WW,COMmerce,acasks, ocrow Lvoeb arn�o J_ Phone 907169,0350 A detailed diagram of the proposed licensed premises Is required for all alcohol license applications, per As, 04,11,260, 3AAC305,630 and 3 A 305,660, Your cilag ram must Include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage, service, consumption, and manufacturing. This form must he completed and submitted to AI CO's Anchorage office before any license, application will be considered complete. You may attach blueprints or other detailed drawings that meet the requ Irernents, of this formi, The diagram MUST Include; • You must use a solid, contiguous red line to outline the outer pe6rneter of your premises with no breaks or separations. 3 The red outline is required to fail wi physical barOgr (wall, fence and even across doorways) o There should be nip r,%ilines within thp imQLcg • Each area should be clearly labeled in any color other than red where alcohol ist * Stored * Served/Sold * Manufactured * Consumed 4, Ali diagrams must include:. o Dimensions (AMCO does not accept diagrams drawn to scale) a Cross streets a Points of reference, such as a cornpass rose indicating True North All entrances, exits, walls, bars, and fixtures 10, If your premises include multiple floors, please include a separate, diagram of each floor. ,o You must Identify the stairs between each floor, arid each hallway/'corrid'or that leads to each set of stairs. '01 1(your premises includes multiple floors, please include a separate diagram of each floor, You must identify the stairs between each, floor, and each hallway/corriclor that leads to each set of stairs,. If your proposed premises is located wit.Wn a building or building complex that contalris multiple businesses and/or tenants, please provide an, additional page that clearly shows, the location of your proposed premises withm the building or building complex, along with the addresses and/or suite numbers of the other businesses andlor tenants within the building or bluildIng complex. Any license applications that include out400t spare are required to, subirnit a security plan that Includes information about the barriers, practices, and personnel that are to be used to ensure that alcohotl Is not introduced or removed from the permitted premises and to prevent the access of alcohol by a minor during the permitted event. A security plan may be requested for other proposedi locations orwa case. -by -case basis. l iecttdn I - EsOblishment Information Enter information for the busmess seeking to be hoensed, as identifted on the license application, ............... Number". Li cc KNC Golf Inc. nse . .... . . ..... ............ ........................ . ........... . LicenseType: Golf Course FDoi�ng Business As, Kenai Golf Course Prernises dress: - - -------- — -- - ---------------- ... ........................ . . . . ...... rev 121/12/20123 Page I of 2 AlcoholI and Madjuana Control Office SSOW "Alvenue, Anchors Page 54 h 1, nsJn .Mask, a s �k- o,, �wl a �c 0 Phone: 907.269050 Form AB,-02-, Premisies Diagram ..... ...... . Clearly Indicate the boundarles of the iprennises and the proposed 11censed area within that property, See albove for detailed Instructions. pwmp�� ,-^' 1, M 17M rev 12/12/2023 Page 2 of 2 rt I Security and Storage Statement All alcoholic beverages will he securely stored behind the counter inside the clubhouse Buildingwithin staff controlled areas with no public access allowed.1be staff area is chained off To prevent access by the, public. Alcohol will besciNed to patrons at the clubhouse and consumed within the clubhouse or on the grounds of the course itself per the ten-ris of the seasonal golf course license. At Least one cruployee, will always be on hand at the clubhouse to ensure there is no Unauthorized access to the alcohol storage areas. Signs it video surveillanct are placed Around the property to deter minors and others ftorn unauthorized access to the premises during Closed hours, The clubhouse is routinely locked down upon closing, Golf course staff routinely Patrol the course during regular mahttenance activities, Outdoor Security Plait I, All Minors inust be accompanied by an adult (age over 2 1) while iii the restricted area when any alcohol is being served/sold/consumed. 2. All new Patrons are carded upon ordering alcohol. 3Ali staff, is trained in the identification of fake JIX 4. The course itself is generally bounded by private property to the north alongLawton Drive And uninhabited lowlands to the east and smuli� The west side backs, Lip to the City park lands. As a lessee of a public eritityl KN(,,, Golf, Inc, is not able to erect physical barriers around the property boundaries. Sighs are, or will be, placed, indicating the boundaries of the poll' course properly along potential access points off Lawton Drive and the park area to Ific west. 'there signs will indicate that alcohol cannot be brought into or out of the designated properly. 5Underaged persons, will be monitored closely by our professionally trained alcohol servers,. 6. 'Proper cgtcss from the outdoor service area will always remain unobstructed. 7. ABC rnandated posters as required by lawn are posted inside the club house and at the entrances of the outdm)r area R. Keeping outdoor area viable without any increased risk to rumors exposed to alcohol WILL contirme to be part of our training for our stal.T. 9. Proper si,gnage at points, of entry indicating no ininors without a parent or legal guardiari will be postr,d- M All servers will closely monitor that only the guests that have been carded will have, alcoholic beverages, 11. Out, top priority continues in providing safty for all, guests regarding the service of alcoholic beverages. 12. Servers and other staft'will be present in the outdoor area to monitor consumption. 13. Any guestbringing a cooler or other similar, container will be sulject to inspection by staff. t:KPBI d U 1 Page 57 Office of the Borough Clerk 144 North Binkley Street, Soldotna, AK 99669 1 (P) 907-714-2160 1 (F) 907-714-2388 1 www.kpb.us Thursday, May 15, 2025 Sent via email: cityclerk@kenai.city Shellie Saner, City Clerk City of Kenai RE: Non -Objection of Application Licensee/Applicant Business Name License Type License Location License No. Application Type Dear Ms. Saner, KNC Golf Inc Kenai Golf Course Golf Course 1500 Lawton Drive, Kenai, AK 99611, City of Kenai 5788 Transfer of Owner This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Michele Turner, CIVIC Borough Clerk cc: Bil mailto:amco.localgovernmentonly@alaska.gov City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: June 8, 2025 SUBJECT: Action/Approval - Special Use Permit to Crowley Fuels, LLC for Use of 35,000 Square Feet of Apron Space for Aviation Fueling. Crowley Fuels LLC is requesting a Special Use Permit for approximately 35,000 square feet of apron space for aviation fueling. This permit would be effective for 12 months, from July 1, 2025 through June 30, 2026. Crowley Fuels LLC has submitted the special use permit application, is current on all fees owed to the City, and a current Certificate of Insurance is on file. Administration recommends approval. Airport Commission reviewed the request at the June 12, 2025 meeting and recommended approval. Your support for a Special Use Permit to Crowley Fuels, LLC is respectfully requested Attachments- Application, Exhibit A, Special Use Permit Draft CRY of Kenial Special Use Permit Application K E-11�4,A I [�ppli ion �a� 4/25i/2025 /a . . . . . . . . . . . . . . . . . . . . . . NaTne, of Applicant. Address- Anchi:ora., rm .................... ............ Work/ Message Phone;: PhoneNlurnber(s)i 'HornePfione-,�' E-miall: (Optional) . . ....................... Appea-ron Permi Crowley Fuels LLC . . . . . . . . . . . . . . . . . . . . . . . . . . . Mailing Addresis4. one Home Phon!e.- ssage Phone., . . ................. . . . .................. E-miail: (Optional) II ................ . .. . .... III �Type of Ap:pli'icant� 13 lndividua� (at least 18 years of agie�) Di Paiftnership W Corporation 0 Government 1 0 Other n- Limited Liability Company (LLC) 'a, Mee -Pm/ Ile legal or phiysic�a� description of thle property: 35,0001!sf on aoort apron ad acment to Lot 4 Mock 1, Lot 3AI F80i Subdiv, Wasad by Crowley ........... Description of the pr,oiposed business, or act�ivfty inlended:i Aircraft fule inig services, �s the area to be Used in front of or immed0tely adj�acent to any established business offering the same or i 0 YES ANO . . . . .............. - . . .... . ...... . ......... Would the use under this, peirmit interfere Wth other bUisinesses, through ex�c:essive noise, NO.. - If you answered yes to any oft�hie above qu�estions, pleaso expWn'. )�/A ...... . .... Wh,ait is the term requies,ted (�not to exceed one ypar),? Requested Starting Date� -July.1, 2012'5 Signature: 4/25/2025 ----------- . ............. III Print Nai ie: Director, Contract Compliance & Pricing For City Use Onl�yDate Apphoation Fee Received: L1 General Fund 0! Airpon Reserve: Land City Council ActionlResolution. L1 Airport Fund 01 Outside Airport Reserve Account Number: EXHIBIT A SPECIAL USE PERMIT The CITY OF KENAI (City) grants to CROWLEY FUELS LLC (Permittee), whose address is , a Special Use Permit for the fueling area on the apron at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 35,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2025 and ending on June 30, 2026. Regardless of the date of signature, this Permit shall be effective as of July 1, 2025. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $1,866.67 ($0.64/SF/Year) plus applicable sales tax. *Adjusted for the City of Kenai Schedule of Rates, Charges, and Fees for Fiscal Year 2026. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) 4. Use. City authorizes Permittee's non-exclusive use of the Premises for the following purpose(s): Special Use Permit FY2025Crowley (Apron Fueling Area) Pagel of 8 Aviation Fueling on Apron Fueling Area. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re -assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee's use only and may not be transferred or assigned. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. Special Use Permit FY2025Crowley (Apron Fueling Area) Page 2 of 8 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 8. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government -operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee's insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad -form contractual, with a per - occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee's fuel handling activities. The policy must name the City as an additional insured. B. Worker's compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker's compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non - owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated "A-" or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. ill. Permittee shall request a waiver of subrogation against City from Special Use Permit FY2025Crowley (Apron Fueling Area) Page 3 of 8 Permittee's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least thirty (30) days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. V. Evidence of insurance coverage must be submitted to City by July 1, 2025. The effective date of the insurance shall be no later than July 1, 2025. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 10. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises, Permittee's access to the Kenai Municipal Airport, and/or Permittee's exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the Special Use Permit FY2025Crowley (Apron Fueling Area) Page 4 of 8 discharge of petroleum products or hazardous materials due to Permittee's use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee's fuel dispensing equipment at all times. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above -ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft -parking ramp, inside an aircraft hangar, or within 50' of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 14. No Discrimination. Permittee shall not discriminate against any person because of the person's race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly Special Use Permit FY2025Crowley (Apron Fueling Area) Page 5 of 8 discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 15. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 16. Compliance with Law/Grant Assurances. This Permit, and Permittee's activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport's eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City's grant assurances and federal obligations. 17. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 20. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 21. Personalty. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 22. Termination; Default. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety or due Special Use Permit FY2025Crowley (Apron Fueling Area) Page 6 of 8 to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Permittee shall make payment within 30 days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take -off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90 days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than 30 days nor less than seven days before the time of the auction. 25. Definitions. As used in this Permit, "Permittee" means Crowley Fuels LLC., and where the context reasonably indicates, its officers, agents, and employees. "Airport" means the Kenai Municipal Airport. Special Use Permit FY2025Crowley (Apron Fueling Area) Page 7 of 8 CITY OF KENAI Terry Eubank City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT Date CROWLEY FUELS LLC Jenny Silva Director, Contract Pricing ACKNOWLEDGMENTS ss. Date Compliance & 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, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2025, the foregoing instrument was acknowledged before me by, Jenny Silva, Director of Contract Compliance & Pricing, Crowley Fuels LLC, on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Special Use Permit FY2025Crowley (Apron Fueling Area) Page 8 of 8 City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: June 8, 2025 SUBJECT: Action/Approval - Special Use Permit to Everts Air Fuel, Inc. for Use of 30,000 Square Feet of Apron Space for Aircraft Loading and Parking. Everts Air Fuel, Inc. is requesting a Special Use Permit for aircraft parking on approximately 30,000 square feet of apron space. This permit would be effective for 12 months, from July 1, 2025 through June 30, 2026. Everts Air Fuel has submitted the special use permit application, is current on all fees owed to the City, and a current Certificate of Insurance is on file. The administration recommends approval. The Airport Commission reviewed the request at the June 12, 2025 commission meeting and recommended approval. Your support for a Special Use Pert to Everts Air Fuel, Inc. is respectfully requested. Attachments- Application, Exhibit A, Special Use Permit Draft SPECIAL USE PERMIT The CITY OF KENAI (City) grants to EVERTS AIR FUEL, INC. (Permittee), whose address , a Special Use Permit to conduct aeronautical and/or aviation -related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 30,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2025 and ending on June 30, 2026. Regardless of the date of signature, this Permit shall be effective as of July 1, 2025. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $1,600.00 ($0.64/SF/Year) plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) 4. Use. City authorizes Permittee's non-exclusive use of the Premises for the following purpose(s): Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Pagel of 8 Aircraft Loading and Parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re -assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee's use only and may not be transferred or assigned. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 2 of 8 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 8. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government -operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee's insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad -form contractual, with a per - occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee's fuel handling activities. The policy must name the City as an additional insured. B. Worker's compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker's compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non - owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated "A-" or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 3 of 8 or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. ill. Permittee shall request a waiver of subrogation against City from Permittee's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. V. Evidence of insurance coverage must be submitted to City by July 1, 2023. The effective date of the insurance shall be no later than July 1, 2023. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 10. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises, Permittee's access to the Kenai Municipal Airport, and/or Permittee's exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 4 of 8 Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the discharge of petroleum products or hazardous materials due to Permittee's use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee's fuel dispensing equipment at all times. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above -ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft -parking ramp, inside an aircraft hangar, or within 50' of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 14. No Discrimination. Permittee shall not discriminate against any person because of the person's race, creed, color national origin, sex, age, or handicap. Permittee recognizes Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 5 of 8 the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 15. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 16. Compliance with Law/Grant Assurances. This Permit, and Permittee's activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport's eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City's grant assurances and federal obligations. 17. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 20. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 21. Personalty. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personality of Permittee or of its customers. Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 6 of 8 22. Termination; Default. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety or due to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Permittee shall make payment within 30 days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take -off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90 days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than 30 days nor less than seven days before the time of the auction. 25. Definitions. As used in this Permit, "Permittee" means Everts Air Fuel, Inc. and where the context reasonably indicates, its officers, agents, and employees. "Airport" means the Kenai Municipal Airport. Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 7 of 8 CITY OF KENAI M. Terry Eubank City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT EVERTS AIR FUEL, INC. By: Date Brian Fay General Manager ACKNOWLEDGMENTS ss. Date 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, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2025, the foregoing instrument was acknowledged before me by Brian Fay, General Manager, Everts Air Fuel, Inc., on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Special Use Permit —Everts Air Fuel, Inc. (Ramp Aircraft Loading & Parking) Page 8 of 8 City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: June 8, 2025 SUBJECT: Action/Approval - Special Use Permit to United Parcel Service Co., Inc. for use of 4,000 Square Feet of Apron Space for Aircraft Loading and Parking. United Parcel Service Co., Inc. is requesting a Special Use Permit for approximately 4,000 square feet of apron space for aircraft loading and parking. The Special Use Permit will be effective for one year from July 1, 2025 to June 30, 2026. United Parcel Service Co., Inc. has submitted the Special Use Permit application and paid the fee. United Parcel Service is current in all fees owed to the City and a current Certificate of Insurance is on file. Administration recommends approval. The Airport Commission reviewed the request at the June 12, 2025 Commission meeting and recommended Council approval. Your support for a Special Use Permit to United Parcel Service Co., Inc. is respectfully requested. Attachments- Application, Exhibit A, Special Use Permit Page 82 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to UPSCO United Parcel Service Co., Inc. (Permittee), whose address is a Special Use Permit to conduct aeronautical and/or aviation -related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 4,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2025 and ending on June 30, 2026. Regardless of the date of signature, this Permit shall be effective as of July 1, 2025. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $466.67 ($1.40/SF/Year) plus applicable sales tax. *Adjusted for the City of Kenai Schedule of Rates, Charges, and Fees for Fiscal Year 2026. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of one hundred dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of ten percent (10%) per annum, and penalty of ten percent (10%) shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination) Special Use Permit UPSCO (Aircraft Loading & Parking) Page 1 of 7 4. Use. City authorizes Permittee's non-exclusive use of the Premises for the following purpose(s): Aircraft Loading and Parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re -assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee's use only and may not be transferred or assigned. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety Special Use Permit UPSCO (Aircraft Loading & Parking) Page 2 of 7 of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 8. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government -operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee's insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad -form contractual, with a per - occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee's fuel handling activities. The policy must name the City as an additional insured. B. Worker's compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker's compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non - owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated "A-" or Special Use Permit UPSCO (Aircraft Loading & Parking) Page 3 of 7 better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. ill. Permittee shall request a waiver of subrogation against City from Permittee's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least thirty (30) days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. V. Evidence of insurance coverage must be submitted to City by July 1, 2025. The effective date of the insurance shall be no later than July 1, 2025. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 10. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises, Permittee's access to the Kenai Municipal Airport, and/or Permittee's Special Use Permit UPSCO (Aircraft Loading & Parking) Page 4 of 7 exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 12. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 13. No Discrimination. Permittee shall not discriminate against any person because of the person's race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 14. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 15. Compliance with Law/Grant Assurances. This Permit, and Permittee's activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport's eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City's grant assurances and federal obligations. 16. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 17. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 18. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 19. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. Special Use Permit UPSCO (Aircraft Loading & Parking) Page 5 of 7 20. Personality. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personality of Permittee or of its customers. 21. Termination; Default. This Permit may be terminated by either party hereto by giving thirty (30) days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than thirty (30) days, to protect public health and safety or due to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 22. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Permittee shall make payment within thirty (30) days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take -off weight reports within ten (10) days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 23. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within ninety (90) days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three (3) consecutive weeks not more than thirty (30) days nor less than seven (7) days before the time of the auction. Special Use Permit UPSCO (Aircraft Loading & Parking) Page 6 of 7 CITY OF KENAI Terry Eubank City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT Date UPSCO United Parcel Service Co., Inc. Tyler McNeese Date Business Manager ACKNOWLEDGMENTS ss. 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, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2025, the foregoing instrument was acknowledged before me by Tyler McNeese, the Business Manager, on behalf of UPSCO, United Parcel Service Co., Inc. Notary Public for Alaska My Commission Expires: Approved as to Form: Scott Bloom City Attorney Special Use Permit UPSCO (Aircraft Loading & Parking) Page 7 of 7 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: May 29, 2025 SUBJECT: Workplan 2025 - Parks and Recreation Commission The Beatification Commission met on April V, 2025, and voted on its annual work plan goals. The Commission voted on 4 individual goals, and the Administration supports all 4 goals. O - c 12 N t6 ru - _� O O O Ln a� Lf) � V 0 x N 0 0 � Lf) N L V Ln o a `n O N _ _0 0 p O _ Q 0 _ N p L ru O V O N 0 r N V � � � O O � o . i � O O O Q = O _0 L Q in O a� .TLn >. 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E / u o E _ D E E \ 0 2 F 0.- » .g c 2 $ -0 \ :./ ? .- / / 0 0 2 0 y \ � E 0 {� ±/ 2 � � § \ W % \ ® _ f°20 G 0 � \ 2 / .g u w\,f _0 0 ® 2 0 a 4 0 2 .e / a = ± ru 0 a .) / \ ru \ / \ U j�c� � / � / § § 0 u 0 LA LU � 0 LA LU z k D 0 r § § O 0 / f \ \ ■ E 0 ƒ 7 0 E / \ \ \ E % A = \ § E % / \ \ E 0 .E \ E 0 5 a) � \ ƒ _ � / ° — k ■ § a 7 c n ■ / § 2 5 6 2 2 u m = p f [ ƒui \ G � L / \ / 0 ƒ A \ a)0 a) \ 9 \ a) G a) g U) 0 5 § OR z Lu �z I I OR Page106 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3479-2025 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT IMPROVEMENTS CAPITAL PROJECT FUND, ACCEPTING A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION AND AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR THE KENAI MUNICIPAL AIRPORT MASTER PLAN. WHEREAS, the existing Airport Master Plan update commenced in 2013 and was finalized in August 2017; and, WHEREAS, all of the projects that the City identified as high priorities are either completed or in progress; and, WHEREAS, a current master plan is required in order to receive Airport Improvement Program entitlement funds and compete for discretionary funding; and, WHEREAS, the Phase 2 grant offer is for $907,293, requiring a local share of $47,753 for a total project cost of $955,046; and, WHEREAS, the cost share for this agreement will be at the 95.00% Federal Aviation Administration and 5.00% City share; and, WHEREAS, $62,500 was previously appropriated in the Airport Improvement Capital Projects Fund for Phase 2; and, WHEREAS, a contract will be awarded to HDL under the Airport's Architectural/Engineering & Construction Management Services for Kenai Municipal Airport Capital Improvement Projects Professional Services Term Agreement that expires March 31, 2028 in the amount of $945,046; and, WHEREAS, a new master plan will review the Airport existing facilities, passenger and cargo traffic, and Kenai's role in the transportation system; and, WHEREAS, the plan will provide the City with a development plan for 5 years and an outlook to 20 years based on up-to-date data by comparing current facility conditions against reasonable future demands; and, WHEREAS, Phase 2 includes an emerging trends report, alternatives development and evaluation, environmental overview, an implementation plan, financial plan; and airport layout plan; and, WHEREAS, the master plan will provide the data to apply for grants; and, WHEREAS, completion of a Master Plan and acceptance of this grant 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 City Manager is authorized to accept a grant from the Federal Aviation Administration in the amount of $907,293 and expend the funds in accordance with the provisions of the grant. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3479-2025 Page 2 of 2 Section 2. That estimated revenues and expenditures be increased as follows: Airport Improvements Capital Projects Fund: Increase Estimated Revenues — Appropriation of FAA Grant Funds $907,293 Increase Appropriations — Professional Services City Administration $897,293 10,000 $907,293 Page10� Section 3. That the City Manager is authorized to enter into a professional services agreement with HDL in the amount of $945,046, for completion of the Kenai Municipal Airport Master Plan Phase 2. 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 2ND DAY OF JULY, 2025. ATTEST: Michelle M. Saner, MMC, City Clerk Approved by Finance:" Brian Gabriel Sr., Mayor Introduced: Enacted: Effective: June 18, 2025 July 2, 2025 July 2, 2025 New Text Underlined; [DELETED TEXT BRACKETED] City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: June 09, 2025 SUBJECT: Ordinance No. 3479-2025 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund, Accepting a Grant from the Federal Aviation Administration and Awarding a Professional Services Agreement for the Kenai Municipal Airport Master Plan. The purpose of this memo is seeking the approval of the City Council to accept a grant offer for the Airport Improvement Program, project number 3-02-0142-079-2025, from the Federal Aviation Administration for $907,293 to complete Phase 2 of a new airport master plan. This represents 95.00% of projected costs and requires a local match of $47,753 (5.00%) for a total project cost of $955,046. $62,500 was previously appropriated in the FY2025 budget for local match use in the Airport Improvements Capital Project Fund. This plan will provide the City with a development plan for 5 years and an outlook to 20 years based on up-to-date data by comparing current facility conditions against reasonable future demands. The purpose of the project is to inventory the airport condition, scope future needs, forecast current and future aviation activity, perform planning level analysis for future improvements, and update the Airport Master Plan document to provide a plan that meets the needs of the City, airport users, and the flying public. Phase 2 includes continued public involvement, alternatives analysis and evaluation, financial plan, and an Airport Capital Improvement Plan. The project will also update the Airport Layout Plan (ALP) to reflect the results of the master planning process. Phase 2 work will be based on the findings of Phase 1 and the conditions and needs assessment. It will also include an emerging trends report. The aviation industry is always evolving, and these changes affect the size, quantity, and type of airport facilities needed to accommodate future demand. The evaluation will look at the airport's current sustainability practices and provide recommendations. An implementation plan for recommended improvements, based on the analysis of alternatives and comments received will be provided. This plan will be broken down to specific project elements such as taxiway or runway. Furthermore, phases will be provided to include short, medium, and long-term projects. Page109 A contract will be awarded to HDL under the Airport's Architectural/Engineering & Construction Management Services for Kenai Municipal Airport Capital Improvement Projects Professional Services Term Agreement that expires March 31, 2028 in the amount of $945,046. Council's support is respectfully requested. Page 2 of 2 The City of Kenai I wwwLenakity KENAI PLANNING & ZONING COMMISSION Page 110 REGULAR MEETING MAY 28, 2025 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE CHAIR EARSLEY, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on May 28, 2025, in City Hall Council Chambers, Kenai, AK. Vice Chair Earsley called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Vice Chair Earsley led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Sonja Earsley, Vice chair Glenese Pettey Stacie Krause A quorum was present. Absent: Jeff Twait, Chair Also in attendance were: Kevin Buettner, Planning Director Victoria Askin, City Council Liaison Michelle Saner, City Clerk Jeanne Reveal Gwen Woodard Diane Fikes 3. Approval of Agenda and Consent Agenda Vice Chair Earsley noted the following addition to the Packet: Add to Item F. 1. Public Hearing - Resolution PZ2025-18 Public Comment MOTION: Commissioner Woodard MOVED to approve the agenda and consent agenda with the requested revisions. Commissioner Fikes SECONDED the motion. The items on the Consent Agenda were read into the record. Vice -Chair Earsley 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 Page 1 of 4 May 28, 2025 Page111 B. APPROVAL OF MINUTES *Regular Meeting of May 14, 2025 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution No. PZ2025-20 -Recommending Approval of Preliminary Plat —Ward Estates Addition No. 2, a for a subdivision of Government Lot 16 and SE1/4 SW1/4 NE1/4 SE1/4 & SE1/4 NE1/4 SE1/4, Section 26, Township 6 North, Range 12 West, Seward Meridian to the Kenai Peninsula Borough, in the Rural Residential (RR) Zoning District. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-20. Commissioner Fikes SECONDED the motion. Planning Director Buettner read into the record the staff report as included in the packet and attached to Resolution No. PZ2025-20; concluding that staff recommends approval of the preliminary plat for Wellsway Estates with conditions. There was discussion regarding Wells Way currently being an unmaintained, undeveloped right-of-way; it functions as a driveway to existing residence, only serving two residences; no immediate road upgrades are required; future development may trigger the need for road improvements; and questions related to the responsible party for snow removal and signage. VOTE: YEA: Pettey, Fikes, Earsley, Krause, Woodard, Reveal NAY: None ABSENT: Twait MOTION PASSED WITHOUT OBJECTION. F. PUBLIC HEARINGS 1. Resolution No. PZ2025-18 -Consideration of a Conditional Use Permit to Operate a Retail Marijuana Store on the Property Described as Cole Homestead Subdivision Tract Located at 7825 Kenai Spur Hwy, in the General Commercial Zoning District. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-18. Commissioner Fikes SECONDED the motion. Planning Director Buettner read into the record the staff report as included in the packet and attached to Resolution No. PZ2025-18; concluding that staff recommends approval of the conditional use permit. Vice Chair Earsley opened the floor for public hearing. Michael Welch, applicant stated he purchased the building and made renovations, and noted he has owned and operated another retail store on K-Beach Road since 2020. The applicant provided clarification that the K-Beach establishment is a marijuana establishment; this property before the Commission was originally purchased with the intent of a growing operation; since Planning & Zoning Commission Meeting Page 2 of 4 May 28, 2025 Page112 growing is not allowed on a parcel so small, plans changed to a retail store; and he clarified that there would be no cultivation whatsoever on at this location. Staff provided clarification the largest buffer distance requirements were related to schools; there was not a buffer distance required between specific types of marijuana establishments; and the City did not establish a maximum number of marijuana establishments allowed within the City. Reed Knackstedt, Kenai resident addressed the Commission in opposition to retail marijuana stores and marijuana cultivation, noting concerns with the proximity of this store to his home and the school; felt the City and Borough should have more regulations on the matter; and he would rather not see this approved. There being no one wishing to be heard, the public hearing was closed. At the request of the Commission the applicant clarified that hours of operation are intended to be 8:00 a.m. to 10:00 p.m. during the winter and spring; summer hours would be 8:00 a.m. to Midnight. VOTE: YEA: Fikes, Earsley, Krause, Pettey NAY: Woodard, Reveal ABSENT: Twait MOTION PASSED. Vice Chair Earsley noted the 15-day appeal period. G. UNFINISHED BUSINESS 1. Discussion - Aspen Creek, 701 N. Forest Drive CUP Planning Director Buettner provided an update noting the traffic count was not yet complete; the plan is to conduct at least three spot traffic counts; each count will last about an hour; landscape contractors were on -site finalizing work; internal construction is reportedly complete; and a more detailed report will be provided at the next meeting. H. NEW BUSINESS 1. *Action/Approval - Requesting Excused Absences for the May 14, 2025 Regular Meeting — Pettey Approved by the consent agenda. I. REPORTS 1. Planning Director - Planning Director Buettner reported on the following: • Preliminary work on a high-level existing condition report on transportation in Kenai is underway. • Hazard Mitigation Plan is on hold due to changes in FEMA requirements and lack of available funding. 2. Commission Chair - No report. 3. Kenai Peninsula Borough Planning - No report. 4. City Council Liaison —Council Member Askin reported on recent actions of the City Council. J. ADDITIONAL PUBLIC COMMENT— None. K. NEXT MEETING ATTENDANCE NOTIFICATION Planning & Zoning Commission Meeting Page 3 of 4 May 28, 2025 Page113 Next Meeting: The June 11, 2025 meeting was cancelled, next meeting was scheduled for June 25,2025. L. COMMISSION COMMENTS AND QUESTIONS General appreciation was stated for the thoroughness of staff. M. PENDING ITEMS - None. N. ADJOURNMENT O. INFORMATIONAL ITEMS - None. There being no further business before the Planning & Zoning Commission, the meeting was adjourned at 7:49 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of May 28, 2025. Michelle M. Saner, MMC, City Clerk Planning & Zoning Commission Meeting Page 4 of 4 May 28, 2025 City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: June 9, 2025 SUBJECT: Airport Mid -month Report May 2025 Airport administration attended the Great Alaskan Aviation Gathering from May 2nd to May 4th, to connect with aviation professionals, explore the latest industry innovations, and promote the airport's ongoing initiatives. The primary goal was to promote the Air Fair with aviation enthusiasts from all over Alaska. The event provided valuable opportunities to network with vendors, pilots, and other airport representatives. Attending the gathering also allowed Kenai to showcase local aviation developments including the Airport Master Plan. The Airport opened up the Float Plane Basin Runway 2W/20W for the season. It serves as a stop between Anchorage and Homer and will be open until early October. Page 2of3 Airport Mid -Month Report Page115 ENA Airline Enplanements Month G"'ll.�1IF] I: 2025 Kenai 2025 G"'ll.�1IF] I: 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 4464 1071 3847 1326 5535 5173 362 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 16904 4063 55628 19821 20967 75449 1264 2024, - 2025 ENPLANEMENTS �w wwToLa1202!s Total 2024 ..2000 ..0000 8000 6000 4000 2000 0 ��` " � y� y � �1 y �c� �_11� �1 � Page 2 of 3 The City of Kenai I www.Lenai.city Page 3 of 3 Airport Mid -Month Report 8000 7000 6000 .15000 4000 3000 2000 .1.000 0 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 Tower, Operations by Year, 44,­-, 2 0 2 2 .......... Olf ......... 2023 1 2024 —4P-202.5 Page 3 of 3 The City of Kenai I wwwLenai.city Page 117 offilmm City of Kenai - Animal Control 1510 N. Willow St, Kenai, AK 99611 1907.283.7353 I www.kenai.city 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: June 2nd, 2025 SUBJECT: May 2025 Monthly Report This month the Kenai Animal Shelter took in 29 animals. DOGS: INTAKE 15 DISPOSITION 17 Waiver 3 Adopted 11 Stray 4 Euthanized 0 Impound 6 Claimed 6 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 0 Transfer In 2 CATS: INTAKE 9 DISPOSITION 11 Waiver 7 Adopted 11 Stray 2 Euthanized 0 Impound 0 Claimed 0 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 0 Page118 OTHER ANIMALS: INTAKE 3 DISPOSITION 3 Rooster 1 Rooster 1 Ferret 2 Ferret 2 DOA: 2 OTHER STATISTICS: Dog 0 Licenses (City of Kenai Dog Licenses) 43 Cat 2 Rabies Clinic 0 Rabbit 0 Bird 0 8 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 40 Field Investigations & patrols 1 Pet Food Bank Request 0 Volunteer Hours Logged 6 Citations 0 Educational Outreach 40 Microchips Total Animal Contacts: 6 Animals are known borough animals 17 Animals are known City of Kenai 5 Animals are known City of Soldotna 1 Animals are unknown location Statistical Data: 231 2023 YTD Intakes 198 2024 YTD Intakes 139 2025 YTD Intakes Two Animal Control Officers attended the Alaska Animal Control Association Conference up in Anchorage. The conference was a great way for staff to learn about local resources and network with different statewide organizations. The Animal Shelter was also able to provide personnel and resources in support of the local spay/neuter clinic that took place at the end of the month. Page 2 of 2 The City of Kenai I www6nai.city City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Swarner, Finance Director DATE: June 10, 2025 SUBJECT: Finance Department Mid -Month Report — May 2025 With the passage of the FY26 Budget at the June 4th Council Meeting, the department has been making changes and compiling the document for printing. The document is expected to be available for distribution the week of the 16th. Then the Department's will switch it's focus to closing FY25 and preparing of the City's Annual Comprehensive Financial Report. This process includes closing of the FY25 financial records, fiscal year end grant reporting and finally financial statement preparation. The 2025 Personal Use Fishery is quickly approaching and we will be working to assist Parks and Recreation staff to train seasonal employees to work in the dipnet shacks. Page120 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Jay Teague, Fire Chief DATE: June 10, 2025 SUBJECT: Fire Department Mid -Month Report — March. May 2024 2025 % change Month totals 104 111 +6.7% EMS 81 84 +4.9% All Other 23 26 +13% Year Total 631 609 -3.5% Total training hours: • Total recorded hours- (387) Special Topics/external training • All shifts completed annual ARFF Live Fire Training • Boat 1 Training on Inlet for new crew • Operations training for new fire personnel • Coast Guard Boat Certification Training Upcoming training/events • Prep for Airport's Air Fair on 6/14/2025 • Coast Guard Water Operations Training (Ongoing) • Preparing for Tri-Annual Airport Drill Projects/Grants/M isc: • Still waiting for awarding of AFG grant. • Have not received SEMT Final Payments. Page121 • FIRST DUE RMS Integration almost complete (Fully online goal of July 1) • New HandTevy Platform has been designed for KFD and is in testing now. • Enstar conducting line purges in Old Town area beginning June 17tn/18tn Budget/Misc: • New Firefighter, Scott Butler has started. • Fire Marshal completed scheduled inspections for month of May. • Offers going out to three candidates for filling newly authorized firefighter positions. Page 2 of 2 The City of Kenai I wwwLenakity City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, Human Resources Director DATE: June 10, 2025 SUBJECT: Human Resources Activity — May 2025 Recruitment Human Resources worked with the Police Department to recruit and offer a position to an experienced Public Safety Dispatcher and begin recruitment for a Police Officer. The Senior Center posted a recruitment for a driver vacancy. The Planning Department began recruitment for a part-time Planning Administrative Assistant II. Parks and Recreation recruited for a Recreation Center Attendant and Temporary Personal Use Fishery positions. The Parks and Recreation Maintenance Workers were onboarded and began working for the summer. Safety There were two accident reports submitted in May, one resulted in a workers compensation claim. 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. The Human Resources Director attended the Workhuman Live Conference in Denver. KENAI ,4 ^" City of Kenai I To Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe, Library Director DATE: June 3, 2025 SUBJECT: Library Report for May 2025 o j 5595 Visitors W- - 111111;5 Babies and Toddlers 6j( 6 Participants 43 Programs Program Attendance Children 124 Adults 54 Everyone 99 2023 2024 2025 milli Physical Checkouts May m Digital Checkouts May 339 Page123 City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Kevin Buettner, Planning Director DATE: June 10, 2025 SUBJECT: Planning and Zoning — May 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. The department is considering development of a citywide transportation plan 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 • Worked with Borough Planning to correct GIS errors within City limits Planning & Zoning: ➢ See attached report. Code Enforcement and Compliance In May, Planning and Zoning received two (2) complaints, one (1) of which was unfounded. Six (6) cases were closed. Cumulatively, there are a total of eight (8) still open cases for 2024, six (6) 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. Page125 Planning and Zoning Commission Two (2) public meetings and a Work Session were held in the month of May with the following actions/recommendations. PZ2025-17 — Denying a Conditional Use Permit to Develop and Operate an 82-Unit Indoor Heated Storage Facility on the Property Described as Lot 1 BLK 2 of Mommsens Sub Replat Addn No 1, Addn No 2, Located at 1001 Third Street, in the Urban Residential (RU) Zoning District. PZ2025-18— Approving a Conditional Use Permit to Operate a Retail Marijuana Store on the Property Described as Cole Homestead Subdivision Tract A Located at 7825 Kenai Spur Hwy, in the General Commercial Zoning District. PZ2025-19 — Recommending Approval of Preliminary Plat — Kenai Meadows Addition No. 2, a subdivision of Tract A and Lots 3 & 4, Kenai Meadows Addition No. 1, in the Rural Residential (RR) Zoning District. Commissioner Joe Halstead stepped down from the Planning& Zoning Commission, with his last day being March 26th. During the April 23d meeting, Jeanne Reveal joined the Commission. Jeff Twait was elected chair, and Sonja Earsley stepped into the Co -Chair position. PZ2025-20 — Recommending Approval of Preliminary Plat — Ward Estates Addition No. 2, a for a subdivision of Government Lot 16 and SE1/4 SW1/4 NE1/4 SE1/4 & SE1/4 NE1/4 SE1/4, Section 26, Township 6 North, Range 12 West, Seward Meridian to the Kenai Peninsula Borough, in the Rural Residential (RR) Zoning District. Page 2 of 2 The City of Kenai I www6nai.city Go aura Wo Ad, 21, M.R CL 10 wry E 0 a M E I po v I_.. . \ \ Page128 KENA .enai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www 6nakity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: June10th, 2025 SUBJECT: Mid -Month Report -May Approximately half of our summer maintenance staff began work in May. The rest of the maintenance staff will start in June. Recruitment is ongoing for several Personal Use Fishery positions to support the Dipnet Fishery. Throughout the month, staff prepared all sports fields for use by the Kenai Peninsula Soccer Club, Kenai Softball Association, Kenai Little League, high school softball and baseball teams, as well as other community groups, including churches and smaller organizations. We hosted two successful events on May 31 st, the Kite Festival and Annual Plant Day. Plant Day took place in the morning at City Hall with the help of over 20 volunteers. The Kite Festival, held at Millennium Square, drew more than 500 attendees. Kites were already flying early in the morning and could be seen from City Hall during the Plant Day. (See attached photo.) The Field of Flowers was tilled in preparation for seeding by the Parks Staff. Moore's Landscaping generously donates their time and hydroseed mulch and will complete seeding in the first week of June. As of May 1, the Kenai Recreation Center transitioned to summer hours: Monday —Saturday: 8:00 a.m. — 10:00 p.m. Sunday: Closed As of May 26th, the Kenai Slash Site is open Thursday —Sunday: 10:00 a.m. — 6:00 p.m. Sunday: Closed Rec Center Visits -May Weight Room/Cardio Room 595 Racquetball /Wallyball 184 Shower/Sauna 85 Gymnasium 517 Gym Rental Visits 15 Total Number of Visits 1396 Page129 City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: June 10th, 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 May 15th at 5:30pm. This is the last meeting until next fall. Page131 Kenai River Special Management Area Advisory Board Meeting Recap I attended the Kenai River Special Manager Advisory Board meeting on May 15th 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 • None Alaska State Parks Report • All KRSMA hosts have been hired: 10 on the Kenai, 7 in Ninilchik. • All seasonal staff have been hired. • All parks are open except Eagle Rock and Funny River (currently closed). • Rangers are actively enforcing closures on restricted sections of the river. • Signs are being posted for habitat restoration areas; this is expected to be completed by the end of the month. • Boat operation training is underway for new rangers, including one new ranger from Kodiak. • River focus this year: trout in the middle river, red salmon in the upper river. DEC Report • No report ADF&G Report • All seasonal technicians are returning. • The Russian River Sanctuary is expected to open early. • Matt Miller retired at the end of April (formerly head research biologist). • Mike Booth (Homer) is acting in that role, with Kristy from Anchorage acting as research biologist. • Sonar went in today; fish counts will begin at midnight. United States Fish and Wildlife Service • No report United States Forest Service • Still under a hiring freeze; • Continuing the Stream Watch program in partnership with the Kenai Watershed Forum. Russian River Entrance Road: • Waiting for proper temperatures to begin paving. • Road opens May 23 with restrictions; full access available until August 15. Elodea Treatment at Crescent Lake: • First treatment scheduled for July 7. • Second treatment begins July 28. • Third treatment scheduled for August 18. Page 2 of 3 The City of Kenai I wwwLenai.city Page132 City of Kenai • PU fishery positions are being filled. • First barge operation scheduled for tomorrow. • Dangerous bluff area under observation. • Video documentation should be available SOON City of Soldotna • All campgrounds and river access sites are open. • The outflow project has been completed. • Hosted a "Day on the River" event at Centennial Park, led by Trout Unlimited. • Considering dredging the Centennial Boat Launch. Kenai Peninsula Borough • In the middle of the budget cycle; major meeting on May 20. • School funding is expected to be a significant issue. • Land Affordability Program discussed — aimed at helping younger families build homes Committee Reports Guide Advisory Committee • No Report Habitat & River Use Committee • Met today. Discussed the wetland inventory in KRSMA Comprehensive Management Plan • Requested the board review the KRSMA Comprehensive Management Plan and the wetland inventory. • Asked by DNR to prioritize the Deferred Maintenance List. Specific sites were discussed for prioritization; the committee will finalize the list and write a letter to the commissioner before the October meeting. • Motion by Monte: Circulate the prioritized list to the board via email for approval before submission to DNR. • The motion was amended to give the president authority to finalize and submit the letter. The motion passed unanimously Public Comment • No Public Comment Discussion Special Recognition • A letter from the Governor and a plaque from DNR were presented to Ted Wellman in recognition of his contributions to the KRSMA board. Page 3 of 3 The City of Kenai I www6nai.city City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: June 9, 2025 SUBJECT: Police & Communications Department Activity — May 2025 Police handled 591 calls for service in May and 299 calls were received by dispatch via 911. Officers made 25 arrests. Traffic enforcement resulted in 190 traffic contacts with 46 traffic citations issued and there were 3 DUI arrests. There were 9 reported motor vehicle collisions. There were 2 collisions involving moose or caribou, and no collisions involving drugs or alcohol. One of KPD's new officers, Luke Michael, graduated from the DPS Academy in Sitka and will return to field training in June. The officer on the regional SWAT team started a two -week training in Anchorage. Two officers attended a four -day interview class in Anchorage. One officer attended a three-day Cell Phone Investigation class in Anchorage. One new police officer from Utah started employment in Kenai on May 12th and started his field training process. The Dispatch Center hired a dispatcher to fill its vacancy, and that dispatcher has multiple years of prior experience and will be starting in June. Page134 E: I A City of Kenai 1210 Pidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www1enai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Lee Frey, Public Works Director DATE: June 10, 2025 SUBJECT: Public Works Mid -month Report June 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 40 residential and 27 commercial building permits so far in calendar year 2025. At this time last year, we had only issued 17 residential permits and 10 commercial. Page 2 of 2 Public Works Mid -Month Report Page135 Utility crews are continuing to spend a significant time completing locates for Enstar work. The Streets crew has ditching operations on the west side of town, grading gravel roads, completing asphalt repairs and hauling dredged mud from the City Dock. The Shop is wrapping up prep work for equipment for summer operations and starting on the decommissioning emergency vehicles for the surplus auction. The Building crew has been continuing with dugout construction with the help of Parks and Recreation. Branden Skinner is our newest Utility Operator that started on June 9th. All positions within Public Works are currently filled and we are posting for a Temporary Utility Technician to assist with the additional workload for the department in the summer. City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Kathy Romain, Senior Center Director FROM: Astrea Piersee, Administrative Assistant III DATE: June 3, 2025 SUBJECT: May 2025 Monthly Report May was a very busy month at the Kenai Senior Center. The annual Mother's Day Luncheon was a lovely recognition of the mothers in our community. Highlights from the month included a High Tea and a meaningful Memorial Day celebration, featuring a joint Honor Guard presented by the VFW and American Legion. To round out the tribute, the center's choir performed patriotic songs in honor of our veterans. The annual Senior Health and Fitness Day was another success, with 17 vendors on hand to provide valuable information and resources to help seniors age in place. Finally, this year's Greenhouse Tour was once again a hit, with visits to three local greenhouses and a no -host lunch at the Angry Salmon. Seniors enjoyed selecting both flowers and plants to brighten their homes and gardens. 2025 2024 Home Delivered Meals 2104 2307 Individuals 110 106 Dining Room (Congregate) Meals 968 1265 Individuals 150 179 Transportation (1-way rides) 292 206 Individuals 37 38 Grocery Shopping Assistance 18/20 22/39 Writers Group 27 40 Caregiver Support Group 13 18 Growing Stronger Exercise 332 328 Tai Chi Class 42 60 TOPS Weight Loss Class 56 67 Bluegrass & Music Sessions 80 73 Card Games 123 112 Wii Bowling 14 27 Arts & Crafts 26 36 Volunteers Hours 575 501 Individuals 43 36 Total Event Sign -ins * 1841 2396 Individuals * 226 225 Vintage Pointe Manor Vacancies 3 1 *(not including home meals clients) �KENAI Page 137 "Poo, � City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 w .6nai.dty MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: June 18, 2025 SUBJECT: Marijuana License Renewal Annual Report The following list identifies active -operating Marijuana licenses, listed by type within Kenai City Limits, the licenses below are scheduled to expire on August 31, 2025. Upon notice of renewal, if the administration finds no grounds to protest the renewal of an application with no changes to the existing use, a notice of non -objection will be issued administratively. Should any grounds for protest be identified during the review process, a public hearing before Council will be schedule for formal protest procedures. (KMC Chapter 2.10) Retail Marijuana Stores: 1. Red Run Cannabis Company, LLC - License No. 10056 Physical Address: 5455 Kenai Spur Highway, Suite B, Kenai, AK 2. East Rip - License No. 13382 Physical Address: 10767 Kenai Spur Highway, Suite D, Kenai, AK 3. Majestic Gardens, LLC - License No. 15393 Physical Address: 12656 Kenai Spur Highway, Kenai, AK 4. Kenai River Cannabis - License No. 17808 Physical Address: 14429 Kenai Spur Highway, Kenai, AK 5. Shackleford Farms, LLC - License No. 38593 Physical Address: 8847 Kenai Spur Highway, Kenai, AK Marijuana Product Manufacturing Facilities: 1. Herban Extracts, LLC - License No. 14432 Physical Address: 14927 Kenai Spur Highway, Kenai, AK 2. Red Run Cannabis Cultivators, LLC - License No. 19372 Physical Address: 12516 Kenai Spur Highway, Suite A, Kenai, AK Limited Marijuana Cultivation Facility: 1. Grateful Bud, LLC - License No. 16474 Physical Address: 1817 Sunset Blvd., Kenai, AK Standard Marijuana Cultivation Facilities: 1. Red Run Cannabis Cultivators, LLC - License No. 10052 Physical Address: 5455 Kenai Spur Highway, Kenai, AK 2. Majestic Gardens Cultivations - License No. 115395 Physical Address: 12656 Kenai Spur Highway, Kenai, AK 3. Shackleford Investments, LLC - License No. 31826 Physical Address: 8847 Kenai Spur Highway, Buildings F, G, H, Kenai, AK NOTICE OF PUBLIC HEARING JUNE 18, 2025 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) on the above -noted meeting date: Ordinance No. 3476-2025 - Increasing Estimated Revenues and Appropriations in the General Fund - Fire Department Personnel Budget for Fiscal Year 2025 for Unanticipated Overtime Costs Resulting from Vacancies and Retirements. (Administration) 2. Ordinance No. 3477-2025 - Increasing Estimated Revenues and Appropriations in the General Fund - Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association for the Purchase of a Ballistic Vest. (Administration) 3. Ordinance No. 3478-2025 - Enacting Kenai Municipal Code Section 13.30.070 - Travel Through Private or Public Property, and Incorporating a Fine into Kenai Municipal Code 13.10.015 - Minor Offense Fine Schedule. (Administration) 4. Resolution No. 2025-41 - Approving the Sixth Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City to Execute the Amended Agreement. (Administration) 5. Resolution No. 2025-42 - Authorizing a Contract Award for the Community Wildfire Protection Plan Phase Three. (Administration) 6. Resolution No. 2025-43 - Authorizing a Contract Award for the Dipnet Dumpsters and Portalets for Fiscal Year 2026. (Administration) The public hearing will commence at 6:00 p.m., or as soon thereafter as business permits. All interested persons are invited to attend the meeting telephonically/virtually or in -person and participate in the public discussion. See the agenda for additional information. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and/or resoh do s may be amended by the Council prior to adoption without further public notice. 1410 Pdnttor.Mrmn. $ eI 4 Saner, MMC, City Clerk � Posted: „J'une-12; 2" 25 ¶u 1 00 ,am�aur ainmo�mmu 9ixsi CITY OF KENAI City Council Notice of Meeting KENAI City Hall Council Chambers, 210 Fidalgo Ave, Kenai, AK The Kenai City Council will hold a regular meeting on June 18, 2025, beginning at 6:00 p.m. Visit the City Meeting web page for information regarding this meeting: ht p,-,;,, The public is invited to attend and participate. Virtual and telephonic options for participation are available. Additional information is available through the City Clerk's Office or by visiting our website at ,, C. ,l.pg'tl.,.�: y Shellie Saner, MMC, City Clerk Publish: 06/13/2025 CERTIFICATE OF PUBLICATION & POSTING I, Shellie Saner, City Clerk of the City of Kenai, do hereby certify that on the 5th day of June 2025, 1 electronically mailed or caused to be published the foregoing Notice of Meeting to the Peninsula Clarion and requested that this Notice be published in the June 13, 2025 edition of their newspaper. On the 13th day of June, 2025, the Notice of Public Hearing and full meeting agenda was posted at ai Cir and on the internet �, WV ¢ I 9N11III µ N'�j � a��... fiU1lll¶MIDIS" ; S`'IC, City er1'4fl asp" mu � d 'gym o r fli�ooll�flw�ialm� ,9� Irlflµ CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE JUNE 18, 2025 KENAI CITY COUNCIL REGULAR MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed or took other actions as identified below on the following Ordinance(s) and/or Resolution(s) at the above -referenced meeting. E. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3476-2025 - Increasing Estimated Revenues and Appropriations in the General Fund - Fire Department Personnel Budget for Fiscal Year 2025 for Unanticipated Overtime Costs Resulting from Vacancies and Retirements. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3477-2025 - Increasing Estimated Revenues and Appropriations in the General Fund - Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association for the Purchase of a Ballistic Vest. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3478-2025 - Enacting Kenai Municipal Code Section 13.30.070 - Travel Through Private or Public Property, and Incorporating a Fine into Kenai Municipal Code 13.10.015 - Minor Offense Fine Schedule. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2025-41 - Approving the Sixth Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City to Execute the Amended Agreement. (Administration) 5. ADOPTED UNANIMOUSLY. Resolution No. 2025-42 - Authorizing a Contract Award for the Community Wildfire Protection Plan Phase Three. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2025-43 - Authorizing a Contract Award for the Dipnet Dumpsters and Portalets for Fiscal Year 2026. (Administration) MichelldW. Saner, ` M'Q, City Clerk , ���„A��„°„u,�°���"�`,fl���������n� lsil 'N(� 2�025smu' ��utxti,��ioaj�i�'y,wi Posted: June g� 4 mo o , mu m� � u r¢miii �u m �du J U N E 18, 2025 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET: ACTION ITEM Add item *H.9. Consent Agenda - New Business - Ordinance for Instruction • Ordinance No. 3480-2025 - Retroactively Amending the Fiscal Year 2026 Salary Schedule for Temporary Employees Included in the "Annual Budget for the City of Kenai, Alaska July 1, 2025 - June 30, 2026". • Ordinance No. 3479-2025 Memo • Amended Temporary Employees Pay Scale - Exhibit 1 Add item H.10. Action/Approval - Request for Special Meeting to Authorize Binding of City Insurances REQUESTED BY Administration Administration Sponsored by: Administration ITY OF KENAI ORDINANCE NO. 3480-2025 AN ORDINANCE RETROACTIVELY AMENDING THE FISCAL YEAR 2026 SALARY SCHEDULE FOR TEMPORARY EMPLOYEES INCLUDED IN THE "ANNUAL BUDGET FOR THE CITY OF KENAI, ALASKA J U LY 1, 2025 - J U N E 30, 2026". WHEREAS, the City Council adopted the Fiscal Year 2026 Annual Budget including the Classification Plan and Salary Schedule on June 4, 2025 by Ordinance 3471-2025; and, WHEREAS, the Classification Plan and Salary Schedule did not include the adopted base salary adjustment for the Temporary Positions and incorrectly showed the wages at FY2025 amounts; and, WHEREAS, the base salary adjustment for the Temporary Positions was correctly included in budget calculations requiring no changes to the adopted budget amounts; and, WHEREAS, the attached Temporary Positions Salary Schedule includes the base salary adjustment for Fiscal Year 2026; and, WHEREAS, retroactive application of these pay rates to July 1, 2025 is consistent with the intent of the City's adopted FY2026 Annual Budget and 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 Temporary Employees Fiscal Year 2026 Salary Schedule is amended per the attached as Exhibit 1 and is hereby adopted and will be included as a replacement into the previously adopted "Annual Budget for the City of Kenai, Alaska July 1, 2025 - June 30, 2026". Section 2. That the amended Fiscal Year 2026 Salary Schedule for Temporary Employees shall be applied retroactively to July 1, 2025. 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 2ND DAY OF JULY, 2025. Brian Gabriel Sr., Mayor New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3480-2025 Page 2 of 2 ATTEST: Michelle M. Saner, MMC, City Clerk Introduced: June 18, 2025 Enacted: July 2, 2025 Effective: July 2, 2025 New Text Underlined; [DELETED TEXT BRACKETED] KENA .enai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www Lenakity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Swarner, Finance Director DATE: June 18, 2025 SUBJECT: Ordinance 3480-2025 - Retroactively Amending the Fiscal Year 2026 Salary Schedule for Temporary Employees Included in the "Annual Budget for the City of Kenai, Alaska July 1, 2025 - June 30, 2026". This memo recommends enactment of Ordinance 3480-2025 which will correct the temporary employee salary scheduled adopted with the FY2026 Budget. The temporary employee salary schedule included on page 340 of the FY2026 Budget and included in Section 4 of Ordinance 3471-2025 was incorrect. The adopted schedule was the same as FY2025 and did not include the 2% cost of living allowance increase adopted by Council. The temporary employee salary schedule included in Ordinance 3480-2025 includes the 2% cost of living adjustment and will replace the schedule which was adopted with the FY2026 Budget. The appropriations in the adopted budget were calculated using the correct rates and do not need to be adjusted. Application of these changes retroactive to July 1, 2025 is recommended to avoid two different pay rates for temporary employees in FY2026. Thank you for your consideration. City of Kenai Fiscal Year 2026 Operating Budget Temporary Position - Classified Salary Schedule Temporary Employees FY26 Range A B C 1 14.52 14.89 15.25 2 15.25 15.63 16.01 3 16.01 16.41 16.82 4 16.82 17.24 17.66 5 17.65 18.08 18.53 6 18.54 19.00 19.47 7 19.46 19.95 20.43 8 20.84 21.36 21.88 9 21.89 22.44 22.98 10 22.97 23.54 24.12 11 24.10 24.70 25.31 12 25.34 25.97 26.60 13 26.61 27.27 27.94 14 27.94 28.63 29.34 15 29.31 30.05 30.78 16 30.78 31.55 32.32 17 32.35 33.16 33.98 18 33.95 34.79 35.64 19 35.65 36.54 37.43 20 37.41 38.35 39.28 21 39.29 40.27 41.26 22 41.26 42.29 43.32 23 43.30 44.38 45.46 24 45.48 46.61 47.76 25 47.76 48.95 50.14 26 50.17 51.43 52.68 27 52.63 53.95 55.26 28 55.28 56.67 58.05 29 58.13 59.58 61.04 Exhibit 1 KENA .enai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www 6nakity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: June 18, 2025 SUBJECT: Request for Special Meeting to Authorize Binding of City Insurances The purpose of this memo is to request a special meeting to authorize the binding of the City's insurances to be effective for Fiscal Year 2026. KMC 7.15.060(g) authorizes procurement by direct negotiation for City insurances (casualty, property, workers' compensation, etc.) subject to approval by Council by resolution. The administration has negotiated coverage with the newly formed Alaska Public Risk Alliance (APRA). APRA is a combination of the previous public entity risk pools, Alaska Public Entity Insurance and Alaska Municipal League Joint Insurance Association. Premium amounts are within the amounts budgeted in FY2026 already approved by Council. Scheduling a special meeting on June 30, 2025 to approve a resolution authorizing the City Manager to bind coverage of City insurances for FY2026 will meet the requirement of KMC 7.15.06(g) and ensure insurance coverage is in place effective July 1, 2026. Your support is respectfully requested. 11<Ill, Vi�"` ODUU�UUUUUNVVUIUIUIUIIIUIIIIIUIIIUIUIUIIU�11�s _...enai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 1 www.kenai.city TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: June 8, 2025 SUBJECT: Action/Approval - Special Use Permit to Crowley Fuels, LLC for Use of 35,000 Square Feet of Apron Space for Aviation Fueling. Crowley Fuels LLC is requesting a Special Use Permit for approximately 35,000 square feet of apron space for aviation fueling. This permit would be effective for 12 months, from July 1, 2025 through June 30, 2026. Crowley Fuels LLC has submitted the special use permit application, is current on all fees owed to the City, and a current Certificate of Insurance is on file. Administration recommends approval. Airport Commission reviewed the request at the June 12, 2025 meeting and recommended approval. Your support for a Special Use Permit to Crowley Fuels, LLC is respectfully requested. Attachments- Application, Exhibit A, Special Use Permit Draft APB" -'ROVED, B("WOUNCIL .-, -IS-n ..... F 0000uuuuuuuu� i ..enai 1 210 Fidalgo Ave, Kenai, AK 0OA11-770A 1907.283.75351 wwwkenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: June 8, 2025 SUBJECT: Action/Approval - Special Use Permit to Everts Air Fuel, Inc. for Use of 30,000 Square Feet of Apron Space for Aircraft Loading and Parking. Everts Air Fuel, Inc. is requesting a Special Use Permit for aircraft parking on approximately 30,000 square feet of apron space. This permit would be effective for 12 months, from July 1, 2025 through June 30, 2026. Everts Air Fuel has submitted the special use permit application, is current on all fees owed to the City, and a current Certificate of Insurance is on file. The administration recommends approval. The Airport Commission reviewed the request at the June 12, 2025 commission meeting and recommended approval. Your support for a Special Use Pert to Everts Air Fuel, Inc. is respectfully requested. Attachments- Application, Exhibit A, Special Use Permit Draft OF IIII uu Nlo,. NIIN�VW1�4 I W �u _.., _.. Ienai 1 210 Fidal— Ave, Kenai, AK 99611-7794 1 907.283.7535 1 www kenaixity 140-.lam;1 TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: June 8, 2025 SUBJECT: Action/Approval - Special Use Permit to United Parcel Service Co., Inc. for use of 4,000 Square Feet of Apron Space for Aircraft Loading and Parking. United Parcel Service Co., Inc. is requesting a Special Use Permit for approximately 4,000 square feet of apron space for aircraft loading and parking. The Special Use Permit will be effective for one year from July 1, 2025 to June 30, 2026. United Parcel Service Co., Inc. has submitted the Special Use Permit application and paid the fee. United Parcel Service is current in all fees owed to the City and a current Certificate of Insurance is on file. Administration recommends approval. The Airport Commission reviewed the request at the June 12, 2025 Commission meeting and recommended Council approval. Your support for a Special Use Permit to United Parcel Service Co., Inc. is respectfully requested. Attachments- Application, Exhibit A, Special Use Permit I i IIVUONUNIIVNIN W1<6 11 "A, A, It —I _.. ,enai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwkenaixity TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: May 29, 2025 SUBJECT: Workplan 2025 - Parks and Recreation Commission The Beatification Commission met on April 3'd, 2025, and voted on its annual work plan goals. The Commission voted on 4 individual goals, and the Administration supports all 4 goals. PP Er By, Co TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: May 29, 2024 SUBJECT: Workplan 2025 - Beautification Commission The Beatification Commission met on May 13, 2025, and voted on its annual work plan goals. The Commission voted on 5 individual goals, and the Administration supports all 5 goals. VaW : _tc •, O LU O Z O O O LL 1 O M Z LU O w H � J g z a v w c W Z',,,,,,, ►� T 0 f- LO cot 0 a O T Cl T F Z m O a F U Z W D O p J J m W F Z G W G' O O � WO i W 0 a 0O O a v a' N' W o', 0 w a U H N I U F- W Z J W 0 W 0 0 W CO N 0 W > = (L 3 > LL 0. II TI r K, IN City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-77941907.285.75351 www.ke-kily TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: June 18, 2025 SUBJECT: Marijuana License Renewal Annual Report The following list identifies active -operating Marijuana licenses, listed by type within Kenai City Limits, the licenses below are scheduled to expire on August 31, 2025. Upon notice of renewal, if the administration finds no grounds to protest the renewal of an application with no changes to the existing use, a notice of non -objection will be issued administratively. Should any grounds for protest be identified during the review process, a public hearing before Council will be schedule for formal protest procedures. (KMC Chapter 2.10) Retail Marijuana Stores: 1. Red Run Cannabis Company, LLC - License No. 10056 Physical Address: 5455 Kenai Spur Highway, Suite B, Kenai, AK 2. East Rip - License No. 13382 Physical Address: 10767 Kenai Spur Highway, Suite D, Kenai, AK 3. Majestic Gardens, LLC - License No. 15393 Physical Address: 12656 Kenai Spur Highway, Kenai, AK 4. Kenai River Cannabis - License No. 17808 Physical Address: 14429 Kenai Spur Highway, Kenai, AK 5. Shackleford Farms, LLC - License No. 38593 Physical Address: 8847 Kenai Spur Highway, Kenai, AK Marijuana Product Manufacturing Facilities: 1. Herban Extracts, LLC - License No. 14432 Physical Address: 14927 Kenai Spur Highway, Kenai, AK 2. Red Run Cannabis Cultivators, LLC - License No. 19372 Physical Address: 12516 Kenai Spur Highway, Suite A, Kenai, AK Limited Marijuana Cultivation Facility: 1. Grateful Bud, LLC - License No. 16474 Physical Address: 1817 Sunset Blvd., Kenai, AK Standard Marijuana Cultivation Facilities: 1. Red Run Cannabis Cultivators, LLC - License No. 10052 Physical Address: 5455 Kenai Spur Highway, Kenai, AK 2. Majestic Gardens Cultivations - License No. 115395 Physical Address: 12656 Kenai Spur Highway, Kenai, AK 3. Shackleford Investments, LLC - License No. 31826 Physical Address: 8847 Kenai Spur Highway, Buildings F, G, H, Kenai, AK REVIEWED BY (:f'UNI NOAGI 1 �� Kenai. ......................................... L7 RONZE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I June l8,2025 Kenai City Counc' Presentation ..................... A distinctive & memorable welcome for visitors and the community. This unique bronze sculpture, featuring a brown bear sow and her two cubs, will provide an unforgettable experience, enhancing the cultural and artistic landscape of the community. It will also serve as a popular photo opportunity, encouraging social media sharing and broadening the reach of Kenai's cultural presence. By integrating wildlife and culture into infrastructure, the sculpture highlights the terminal and serves as a powerful landmark, celebrating the natural beauty, wildlife, connection to nature, and our community's rich cultural and artistic landscape. • • • • • • • • • • • • • • • • • • • • • The Sculptures The life-size and life -like sculptures are designed to capture the essence of the Kenai Peninsula and its wild treasures and beauty. The interactive element of the sculpture is a key feature. The adult sow, having just caught a salmon, is making her way towards one of the yearling cubs on the bank. On the other stream bank, another brown bear cub stands and makes direct eye contact with airport passengers and visitors, creating a unique and engaging experience. "In order to get to the salmon in the Kenai River, bears must travel through neighborhoods." —City of Kenai All -America City Presentation (2011) T • • • • • • • • • • • • • • • • • • • • • The Landscaping The landscaping depicts a stream and surrounding stream banks. The dry stream starts back in the corner of the outdoor plaza and "flows" towards the existing sidewalk and ramp that leads to the "departure" entrance. Polished river rock, boulders, and driftwood make up the stream bed in which the sow bear stands. Out of the stream and on opposite stream banks, tall grass, native wildflowers, and some driftwood are arranged on the banks. k" i} 1.4NO Somme" P} mow+ *SAW ■ { (41 rlir� L? 169AjO LftL k *OOM W qk- l71 ,t■r■ . y 1 *��[ 4* **dIm■►�gn4 d a4.* rQ1 ary 0-4- /-(?)I %W*M (41 #aria Lli[ (1i YM4e� Gila lj oft ■y■ J l 1'J ti+1`.ri 4M�fr { (4� f[w+ r r a 41 IOWA 414 7:� a rig • • • • • • • • • • • • • • • • • • • • • The Collaboration Kenai has a rich history, thriving arts and culture scene, and deep connection to the land and wildlife. • Kenaitze Indian Tribe — Honoring the Dena'ina people, who have lived in this region for thousands of years, and their deep connection to the land and wildlife. • Kenai Chamber of Commerce & Visitors Center — Showcasing the rich history, natural beauty, and cultural heritage of the Kenai Peninsula. • Kenai Art Center — Supporting local artists and fostering creativity, making art an integral part of the community. • Kenai National Wildlife Refuge — Protecting diverse ecosystems and providing opportunities for education, recreation, and wildlife conservation. • Kenai Municipal Airport — Serving as the gateway to the Kenai Peninsula and providing a welcoming space for residents and visitors. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 The Kenai Bronze Bear Sculpture Working Group Michael Bernard (past contributor) Joel Isaak (current member) Mary Bondurant Matt Conner Christine Cunningham Henry Knackstedt Kenaitze Indian Tribe Kenai Airport Manager (retired) Kenai National Wildlife Refuge City of Kenai City of Kenai City Council Marion Nelson Kenai Art Center Samantha Springer Kenai Chamber of Commerce and Visitor Center J p\ BRoN � P PTVAE yAp 4 ;f o; ift" ............ 0 * * 0 0 * 0 0 0 * * 0 0 * * 0 0 * ...... 0 * * • "Grandfather Ggagga, we are entering your forest. We won't stay long and we won't take much. We ask that you grant us safe passage while we are here." ............ 0** 0 0* ...... 0** 0 0 0 0 0 0 0 0 0 0* 00 —Dena'ina Oral History 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 Investing in Our Community This project is made possible through community investment. Our sponsors are leading the way in making the Kenai Bronze Bear Family Sculpture a reality! Special thanks to our Title Sponsors: Grant Aviation and Three Bears Alaska and all who help bring this community project to life. Join us! GRANT AVIATION 1% �ti �� � 1 Thank you to our sponsors! C\ GRANT AVIATION 1EAHME ........... Lure OF� E Y )rogress visit RICK AND M BOBBIE MARATHON BALDWIN ® ALASKA LYNDEN® CHANNEL ENGINEERING Consultants-c The Lynden Family of Companies The Timeline 2019-2020 Initial idea as part of Terminal Rehab Project Fall 2023 City Council & Airport Commission Support Fall 2023 Landscape design accommodates bears Spring 2024 First Meeting of Working Group Ongoing ; Letters of Support Fall 2024 Website (www.kenaibronze.com) live! Ongoing Corporate Sponsor Requests Ongoing ; Community Presentations Ongoing Community Events Ongoing Community Fundraising Spring 2025 Grant Applications Summer 2025 Contract with Bronze Artist Summer 2025 Bronze Casting Fall 2025 Installation Fall 2025 Unveiling! ..................... The Casting Process Sculpting the Original Model Creating the Mold & Wax Replica Preparing for Casting Bronze Casting Welding & Refining Patination & Finishing Installation & Unveiling Thank You! BRO�Z� � F O G \tAr URE 440,/ www.kenaibronze.com