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:
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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
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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
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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.
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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
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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.
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MEMORANDUM
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.
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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
��`
"
�
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y
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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
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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.
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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
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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
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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(�
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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.
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_...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
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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
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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
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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.
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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.
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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
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.........................................
L7 RONZE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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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)
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• • • • • • • • • • • • • • • • • • • • •
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.
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• • • • • • • • • • • • • • • • • • • • •
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
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"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
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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!
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AVIATION
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Thank you to
our sponsors! C\
GRANT
AVIATION
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RICK AND
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MARATHON BALDWIN
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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!
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www.kenaibronze.com