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HomeMy WebLinkAbout2025-10-01 Council PacketPage 1 / Kenai City Council - Regular Meeting October 01, 2025 — 6:00 PM Kenai City Council Chambers r LC � A//�\► I 210 Fidalgo Avenue, Kenai, Alaska Kwww.kenai.city **Telephonic/Virtual Information on Page 2** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items limited to three (3) minutes per speaker, thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non -controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED ADMINISTRATIVE REPORTS 1. 2025 Audit Plan, Michelle Kiese, CPA, BDO USA, LLP. C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker, twenty (20) minutes aggregated) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS F. MINUTES 1. *Regular Meeting of September 17, 2025. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non -Objection to the Transfer of Ownership of a Beverage Dispensary Liquor License to KJB Investments, LLC DBA Skeets Dive Bar- License No. 1312. (City Clerk) 3. *Ordinance No. 3487-2025 - Accepting and Appropriating a Donation from Hilcorp Alaska to Assist with the Annual Area -Wide Senior Thanksgiving Dinner. (Administration) 4. *Ordinance No. 3488-2025 - Accepting the Donation of a Pavilion from the Kenai Peninsula Soccer Club. (Administration) Kenai City Council - Regular Meeting Page 1 of 2 October 01, 2025 Page 2 *Ordinance No. 3489-2025 - Repealing Kenai Municipal Code 7.15.100 Purchase and Sales - Certain City Officers, to Prohibit Purchases and Sales Transactions of Personal Property to City Officials and Employees. (Legal) Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 7. Action/Approval - Confirmation of the Mayoral Nomination of Student Representative to City Council, and Parks & Recreation Commission. (Gabriel) Action/Approval - Directing the Planning & Zoning Commission to Explore the Issue of Tent Camping within the City. (Administration) 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 1. Mayoral Proclamation - Declaring October 2025 as "Domestic Violence Awareness Month". K. ADMINISTRATION REPORTS City Manager 2. City Attorney City Clerk • Liquor License Annual Report • Personnel Arbitration Board Nominations L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS The agenda and supporting documents are posted on the City's website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk at 907-283-8231. Registration is required to join the meeting remotely through Zoom. Please use the following link to register: https://us02web.zoom.us/meeting/register/71RaTbk4Qt-kxnq EMOo9q Kenai City Council - Regular Meeting Page 2 of 2 October 01, 2025 KENAI CITY COUNCIL — REGULAR MEETING Page 3 SEPTEMBER 17, 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 September 17, 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 Phil Daniel Victoria Askin A quorum was present. Absent: Alex Douthit Henry Knackstedt, Vice Mayor Deborah Sounart Sovala Kisena Also in attendance were: Terry Eubank, City Manager Mary Bondurant, Temporary Airport Manager Lee Frey, Public Works Director Katja Wolf, Library Director Dave Swarner, Finance Director Christine Cunningham, Assistant to City Manager Logan Parks, Deputy City Clerk Shellie Saner, City Clerk 3. Agenda and Consent Agenda Approval MOTION: Vice Mayor Knackstedt MOVED to approve the agenda and consent agenda. Council Member Askin SECONDED the motion. The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. *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. City of Kenai Council Meeting Page 1 of 5 September 17, 2025 Page 4 B. SCHEDULED ADMINISTRATIVE REPORTS - None. C. SCHEDULED PUBLIC COMMENTS 1. Kenai Silver Salmon Derby Grand Prize Awards, Executive Director of the Kenai Chamber of Commerce & Visitor Center, Samantha Springer. Samantha Springer, Executive Director of the Kenai Chamber of Commerce presented the results of the Silver Salmon Derby, noting there were 176 adult participants and 12 youth participants; 302 fish were weighed in; the adult grand prize was awarded to Tomi McMurray and the youth prize was awarded to Lily Craig. D. UNSCHEDULED PUBLIC COMMENTS - Marion Nelson, Board Member of the Kenai Art Center addressed the Council regarding the upcoming Harvest Auction and the activities of the Potter's Guild. E. PUBLIC HEARINGS 1. Ordinance No. 3485-2025 -Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Materials. (Administration) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3485-2025. Council Member Kisena SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard the public comment period was closed. It was reported that the Library had been receiving this grant for a couple of decades; and the funds would be utilized for purchasing materials. Appreciation was stated for the Library's staffs continued efforts in obtaining grant funding VOTE: YEA: Daniel, Sounart, Knackstedt, Askin, Kisena, Gabriel NAY: None. ABSENT: Douthit MOTION PASSED. 2. Ordinance No. 3486-2025 - Accepting and Appropriating a Grant Received from the Rasmuson Foundation for the Kenai Bronze Bear Family Sculpture Project. (Administration) [KMC 1.15.070(d)] 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Enactment (Requires Five Affirmative Votes) [Clerk's Note: Vice Mayor Knackstedt reported that he was a member of the Bronze Bear Family Sculpture Project Committee and he has not nor will he receive financial gain serving on the Committee; he also noted his membership on the Kenai Community Foundation which donated funds toward the project. Council Member Askin reported that she was also a member of the Kenai Community Foundation. Mayor Gabriel ruled there was no conflict for Vice Mayor Knackstedt or Council Member Askin.] MOTION: Vice Mayor Knackstedt MOVED to introduce Ordinance No. 3486-2025. Council Member Sounart SECONDED the motion. City of Kenai Council Meeting Page 2 of 5 September 17, 2025 Page 5 UNANIMOUS CONSENT was requested on the motion to introduce. VOTE: Motion APPROVED, without objection. MOTION: Vice Mayor Knackstedt MOVED to conduct the second reading on Ordinance No. 3486-2025. Council Member Sounart SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: Motion APPROVED, without object. MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3486-2025. Council Member Daniel SECONDED the motion. Mayor Gabriel opened the floor for public comment. Mary Bondurant and Christine Cunningham provided an overview of the Bronze Bear Project, noting a contract was in place with the artist for the two bear cub sculptures; the funds from the Rasmuson Foundation would allow the committee to contract for the mama bear sculpture; and fundraising was still underway. Paul Ostrander addressed the Council on behalf of the Rasmuson Foundation noting the Foundations past and present members support the project; and the decision to award was made after a presentation by the project organizers. There being no on else wishing to be heard, the public comment period was closed. Council Members expressed their gratitude to the Rasmuson Foundation and all the others who had donated toward this project. VOTE: YEA: Sounart, Knackstedt, Askin, Kisena, Gabriel, Daniel NAY: None. ABSENT: Douthit MOTION PASSED. F. MINUTES 1. *Regular Meeting of September 3, 2025. (City Clerk) G. UNFINISHED BUSINESS - None. H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) Approved by the consent agenda. 3. *Action/Approval - Confirming the Appointment of the Election Precinct Boards for the October 7, 2025 Regular City Election. (City Clerk) I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Commission City of Kenai Council Meeting Page 3 of 5 September 17, 2025 Page 6 Vice Mayor Knackstedt reported on the September 11, 2025 Work Session, next meeting October 9, 2025. 2. Airport Commission No report, next meeting October 9, 2025. 3. Harbor Commission No report, next meeting November 10, 2025. 4. Parks and Recreation Commission No report, next meeting September 18, 2025 Work Session. 5. Planning and Zoning Commission Council Member Sounart reported on the September 10, 2025 meeting, next meeting cancelled. 6. Beautification Commission Council Member Askin reported on the September 9, 2025 Work Session, next meeting October 14, 2025. J. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Spinning the wheel to kick off the Silver Salmon Derby and doing the final spin for the championship weight. • Swearing in new Police Officers Luke Michael, Tyler Greenhalgh, and Trevor Hamilton. K. ADMINISTRATION REPORTS 1. City Manager - City Manager Eubank reported on the following: • Recruitment for the Airport Manager, Building Official, Chief Animal Control Officer, Utility Operators and other seasonal positions were ongoing. • The City Slash Site will close on September 28, 2025. • The Kenai Peninsula Economic Development District (KPEDD) hosted a regional roundtable focused on affordable housing; and they continue working on the Comprehensive Economic Development Strategy. • Storefront & Streetscape Improvement Program was accepting applications through October 17, 2025. • The Kenai Police Department was reaccredited by the Northwest Accreditation Alliance. • The Bluff Stabilization Project completion was anticipated for October 29, 2025. • The City of Kenai will host the 2026 Alaska Park Association Conference in Kenai. • Recognized Sarah Herrin for ten years of service on the Kenai Police Department. Regarding the Bluff Stabilization Project, clarification was provided that the consultant was preparing a report on slope stabilization, access points will be evaluated after the report is received; due to the anticipated continued sloughing of the bluff, there were safety concerns related to public access; remaining funds available may be applied toward construction of access and related project needs. 2. City Attorney - No report. 3. City Clerk - Deputy City Clerk Parks reported on the following: • Absentee voting begins Monday, September 22, 2025. City of Kenai Council Meeting Page 4 of 5 September 17, 2025 Page 7 Clarification was provided polling locations were for both the City and Kenai Peninsula Borough; although the City Council may only confirm city residents to serve as poll workers, the Borough could appoint non -city residents to serve at the same location; and both of the Citizen Initiative Propositions on the Borough ballot if approved would not apply to City Elections. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center provided an update to Council, noting the were still looking for volunteers for the Kenai River Marathon; the Annual Fundraiser was scheduled for October 4, 2025; the Haunted Chamber would run October 18 - 31, 2025; and planning for the Christmas Comes to Kenai was underway. 2. Council Comments Council Member Sounart wished everyone a Happy Fall. Council Member Askin thanked Library Director Wolfe for the library's efforts in managing grants; and congratulated Kenai Police Department on their reaccreditation and also congratulated the winners of the Silver Salmon Derby. Council Member Daniel echoed Council Member Askin and reminded everyone to enjoy Fall. Council Member Kisena recognized the efforts of election workers and acknowledged the significant work involved in conducting elections. Vice Mayor Knackstedt wished the public a happy Fall Equinox. 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 6:54 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of September 17, 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 5 of 5 September 17, 2025 Page 8 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: OCTOBER 1, 2025 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS INVESTMENTS VENDOR PERS DESCRIPTION VARIOUS MATURITY DATE III_111111CA AMOUNT 119,213.79 Effect. I nt. Page 9 • City o� Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: September 16, 2025 SUBJECT: Action/Approval - Non -Objection to the Transfer of Ownership of a Beverage Dispensary Liquor License to KJB Investments, LLC DBA Skeets Dive Bar- License No. 1312 An application was submitted to the Alcohol and Marijuana Control Office (AMCO) for a transfer of ownership by the following establishments: Transferor: Applicant: D/B/A: Physical Address License Type: License No. Transferee: Applicant D/B/A: Physical Address License Type: License No. D&E Investments, Inc. The Bow 502 S. Main Street Beverage Dispensary 1312 KJB Investments, LLC Skeets Dive Bar 502 S. Main Street Beverage Dispensary 1312 The administrative review of application has been completed in accordance with KMC 2.10.010 and it has been determined that the applicant(s) have met all obligations to the City, as established within City code. With the approval of Council, a letter of non -objection to the transfer of ownership will be forwarded to AMCO and the applicant. Your consideration is appreciated. THE STATE 'ALASKA GOVERNOR MIKE DUNLE"Y August 26, 2025 City of Kenai Kenai Peninsula Borough Department of Commerce, Comm Page 10 and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 71h Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 VIA Email: cityclerk@kenai.city; micheleturner@kpb.us, sessert@kpb.us; mlenkins@kpb.us, nscarlett@kpb.us: mboehmler@kpb.us: rraidmae@kpb.us; slopez@kpb.us, jrasor@kpb.us; hmills(@kpb.us License Type: Beverage Dispensary License Number: 1312 Licensee: KJB Investments, Llc Doing Business As: Skeets Dive Bar Premises Address 502 S. Main St., Kenai, 99611 Endorsement(s): none ❑ New Application ® Transfer of Ownership Application ❑ Transfer of Location Application ❑ Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 305.085(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491— AS O4.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS O4.11.507. AS O4.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Kristina 5erezhenkov, Local Government Specialist For, Kevin Richard, Director amco.localgovernmentonlyPalaska.gou AMC O. ! 1. ,4 r� IVOL OV Alcohol and Marijuana Control office 550 W 7th Avenu Anchora Page 11 alcohol. lice nsin htti)s://www.commerce.alaska.gov/web/amco Alaska Alcoholic Beverage Control Board Form AB-Ol: Transfer License Application Phone: 907.269.03 50 Thistrarisferlicense application form is required forall individuals or entities seeking to applyfor thetransferof ownership and/or location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 305 of the Alaska Administrative Code. All fields of this form must be completed, per A5 04.11.260, A5 04.11.280, AS O4.11,290, 3 AAC 305.045 and 3 AAC 305.060. This form must be completed and submitted to AMCO's Anchorage office, along with all other required forms and documents before any license application will be considered complete. Section 7 — Transferor Information Enter information for the current licensee and licensed establishment. Licensee. D & E Investments, Inc. License #: 1 �� License Type: Beverage Dispensary Statutory Reference: U4.09.200 Doing Business AS. The Bow Premises Address: 502 S Main Street City: Kenai State: AK ZIP: Local Governing Body/Bodies: Kenai Peninsula Borough (City of Kenai Transfer Type: 1-1 Regulartransfer FRI Transfer with security interest 0 Involunta ry retransfer ❑ Controlling interest transfer 17 Location transfer MAY ) 1 2025 Depot, of Commerce AMCO OFFICE USE ONV Complete Pate: Transaction #: Board Meeting Date., License Years: Issue Date: Examiner: [Form AB-01] (rev 7/16/2024) RECEIPT #101075766 Page 1 of 7 Alcohol and Marijuana Control Office 550 W 7111 Ave Ancho Page 12 1 alcohoi.licens v https://www.curnmerce.aiaska.gov/web/amca Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 2 - Transferee Information Enter information for the new applicant and/or location seeking to be licensed. Licensee: KJB Investments, LLC Doing Business As: Sleets Dive Bar Premises Address: 502 S Main Street City: Kenai State: AK ZIP: 99611 Community Council, (If applicable): Mailing Address: City: State: AK ZIP: 99889 Email: Phone: Designated Licensee: Kelsey Meyer -Brown Contact Phone: Business Phone: Contact Email: Yes No Seasonal License? Premises to be licensed is: If "Yes", write your six-month operating period: Section 3 - Premises Information ® an existing facility 1-1 anew building 1-1 a proposed building The next two questions must be completed by beverage dispensary (includingtaurism) and package store applicants only: What is the distance ofthe shortest pedestrian route from the public entrance of the buildingof your proposed premises to the outer boundaries of the nearest school grounds? Include the unlit of measurement in your answer tmust be in Teetj. 1,584 Feet What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to he public entrance of the nearest church building? Include the unit of measurement in your ans eet.) )Agi 2,112 Feet lgu� �) 1JD 7nA [Form AB-01](rev 7116/2024) inept. of Commerr—e Page 2of7 AMGG AML_ Q Alcohol and Marijuana Control Office 550 W 7L° Ave nEaE Anchor alcohol.licensin httos:l/www.commerce,aiaska.jzov/web/amco Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 4 - Sole Proprietor Ownership Information Phone: 907.269,0350 This section must be completed by any sole proprietor who is applyingfor a license. Entities should skip to Section 5. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate �spousej. This individual is an: ❑ applicant ❑ affiliate Name: Address: City- State: ZIP: Email: Phone: This individual isan: ❑ applicant Q affiliate Name: Address: City: State: ZIP: Email: Phone: Section 5 - Entity Ownership Information This section must be completed by anyentity including a corporation, limited liability company (LLC), partnership, or limited partnership, that is applying for a license. Sole proprietors should skip to Section 6. If more space is needed, please attach a separate sheet with the required information. + If the applicant is a corporation, the application shall be executed by an authorized officer of the Corporation. Information must be completed below for each stockholder who owns IM or more of the stock In the corporation, and for each president, vice-president, secretary, and managing officer. ■ If the applicant is a limited liability organization, 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. • If the applicant is a partnership, including a limited partnershi , the following information must be completed for each partner with an interest of 10% or more, and for each general partner. • For any entity, identify all affiliates for your organization as defined at 3 AAC 305.950. Entity Official: Kelsey Meyer -Brown Titlejsj: Member1Manager Phone: %Owned: 50 Address: City: Email: nirintrin State: Phone: AK 14AY 7 1 70T� [Form AB-011 {rev 7j16j2024f A~ of Alcohol and Marijuana Control Office 550 W 7t" Aven Anchor Page14 alcohol.licensi https://www.commerce.alaska-poy/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Entity Official: Jed Brown Title(s): Member Phone: % Owned: 50 Address: City: 5oldotna State: AK ZIP: 99669 Email; Phone: Entity Official: Title(5j: Phone: % Owned: Address: Clty: State: ZIP: Email: Phone: Entity Official: Title(s): Phone: % Owned: Address: City: State: ZIP: Email: Phone: This subsection must be completed by any applicantthat is a corporation or LLC. Corporations and 1LCs are required to be in good standing with the Alaska Division of Corporations (DOC). The registered agent is either an individual resident of the state or domestic corporation authorized to transact business in the state and whose business office is the same as the registered office. CBPL Entity #: AK Former! Date: 12/2025 Home State: AK i7 Registered Agent: Kelsey Meyer -brown Agent's Phone: Agents Mailing Address: __T City: 5aldotna State: AK ZIP: 99699 Email: Phone: Residency of Agent: Does your registered agent satisfy the requirement of AS 04.11.430? 4A Y 1 1 Z015 Yes No WEVE Dept. of Commerce Page4 of 7 [Form AS -Oil (red 7J15J207.4) � AMCO Alcohol and Marijuana Control Office SSU W 71h Ave 0 Anch Page 15 81 alcohol.11cen ov htt s: www.cornmerce.alaska. ov web amcn Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section B - Other Licenses 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 ❑ financial interest in any other alcoholic beverage busi mess that does business in or is licensed in Alaska? If "Yes", disciosewhich individuals) has the financial interest, what the type of business is, and if licensed in Alaska, which license numbers) and license type(s): Section 7 - Authorization Communication with AMCO staff: Does any person other than.a licensee named in this application have authority to discuss this license with AMCO staff? IFf�11oe�� rl:�rinesrhn n�mo of the inrl iuiriu�l nnrl •ha raaenn fnr Chic authnrixatinne The Law Offices of Ernou>f & Coffey is assisting with the application process_ MAY '1 1 i025 Yes No l7 ■ Dept. of Commerce AMCO [Form AD -Oil (rev 7/16f 2024) Page 5 of 7 y i.,crh7l arc 1• x-; Sara i.�r!r: ry�tir •���t • l rk�+i rat] "N R'•rnr[. $.i sc : YJ Page 16 `` r Ant-teraic.AR9tJ5fJt AMCO r st�rr,.rrce'tiar• tr�asxl-k�•� stare:`_- _49C3i: Alaska A:t_aholit Beverage Control Board Form A13-01: Transfer License Application Section 8 - Transferor Ca; None Addiiti<rrlal c.Doesof this page m4rybe alt.xlscd• as rreedcd, For the r..oaEralling interrstof U2ecurrent Iivmierta be rrpreserdrd. I d 4 04 r' u l •eVT CV11011 p rJ r fix:.; r y l r let l Ise ulfsit, Sayl,nrl r co rxr IEs a ILant rp{llrls fn%u rs1 ,r r E 11 r _ -r f C r' E 1; c=+r.tv- 1 44J, t, wI a RV L. rr t • tV t 11,11 t•'L LL71 Vrr!',i.p,i:ep fMillr, rLV%.Vler,,napr M!w w tt-rluWrO 1:;; rLr••_':tW ;iir_L•$V lTI:V InrI!;Ird-_I LJO-f 1114Vr rxs'1'r.trdth;-. jppt.a[iuri,app tweulVvIs.ir r-• tft•.4iLFrtar.4rtrflrr lid rlrtIrtfutIv.Stu'•_" If- .N,W-'11L411Xrts'6r414V.W1::LE-.rrs,: tt►ylelt! Prin'.rd s:.�letr � Erarnlwul SuG:_t:lrc�lei'r.l�Wurn!rrLr'ule-r,rtir.u" fr 31D 25-- MEWTON rYWA YPUBLIC-ARIZOMA ' L+� P:62 CO11j5RY ikl'�L UI Y U� t,i}3ier j PulrllL rJL7L.7, r yLEJh[ n .ar'C tax I W 71+r: C a:l we I R}TTII]S!lSrl Y+�i7t S. . lJ� SwRiEurr _ttranllrlul Pl cdxd rl.r+rte vt Ererr;lart" [FOrrrr A6oll ;rev March rscls>_l �e+l�r•il:.rurr.'u!r'ulr':r«:hi>��uO It~ NaEd1V `-%-VIC i:r erxl lur tl+- 514.vul 25 5gr.,:lu'r rJ' N0Lrey PUbiIL Ift!--T1171 Ur1`l:li:r:. ✓a rr f, E. 7 4QY Z 1 ZO [Dept. of GamrrleTce AMCQ � r AMMO ^7t rat. a���ft Alcohol and Marijuana Control Office 550 W Th Aveau Anchora Page17 alcohol frensin hams: livsntiv-corn+nrrce.alask�ovlwehlamCd Alaska Alcoholic Beverage Control Board Farm AB-01: Transfer License Application Section 8 - Transferor Certifications Phone: 907.269.0350 Additional copies of this page may be attached, m 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 orthe controlling interest of the currently licensed entity) have examined th is application, app rove of the transfer of this license, and find the information z ) jt�J__ wr412 Signature of transferor I� j.4171 7 tv Printed name of transferor Subscribed and sworn to before me this J day of _ _ ldlamb— 20� Signature of transferor Printed name of transferor It!IJJ'gI ' } A Flo :�PlMrrlbrr 23.20Q6r � 0P�WASVkN *`` A ,5! 1 Signature of Notary Public r r Notary Public in and far the State of �-�F'�-{- y My commission expires:. March on this application to be true, correct, and complete. 25 Subscribed and sworn to before me this _day of 20 Signature of Notary Public Notary Public in and for the State of My commission expires: NE RifflD MAY 2 1 2U25 Dept. ol Uommerce Caan i. of 7 [Form Ae-011 Irev 711 &U-1) AMCO Alcohol and Marijuana Control Office 550 W 7th Awen Anchor Page18 alcohol.licensi httDs.,//www.ccmmerce.alaska . R c vlwebla m co Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 9 - Transferee Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. I certify that all proposed licensees have been fisted with the Division of Corporations. I certify that I understand that providing a fai5e statement on this form or any other form provided by AMCO fs grounds for rejection or denial of this application or 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 will complete an approved alcohol server education course, if required by A5 04.21.CZ5, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 305.700. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. I hereby certify that I am the person herein named and subscribing to this application and that 1 have read the complete application, and I know the full contentthereof. I declare that all the information contained herein, and evidence or other documents submitted are true and correct. 1 understand that a ny falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210to falsifyan application and commit the crime of unswornfalsification. Initials 1 certify that I and any individual identified in the business entity ownership section of this application, has, or will read A5 04 and its implementing regulations. �/ 4"L\' Signature of tr nsferee sigrrature of Notary Public Kelsey Meyer -Brown Notary Public in and for the State of Alaska Printed name Notary Public JULIANNE 8MNES State of Alaska MY Commission Expires June 25 2Q18 Subscribed and swornto before methis My commission expires: �JUVW_ QoaK i Mon Y i ir' MAY 2 1 2025 [Form AB-011(rev 7/16/2024) +00W. Of CorrimerCe Page 7of7 AMCO r Alcohol and Marijuana Control Office 550 W 7th A" 00 Arch Page191 001 alcohol.k en ov https://www.ccmme?-ce.alaska.mov/web/arnco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Farm AB-02: Premises Diagram J Why is this form needed? A detailed diagram of the proposed licensed premises is required for all alcohol license applications, per A5 04.11.260, 3 AAC 305.630 and 3 AAC 305.660. Your diagram 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 becompleted and submitted to AMCU's Anchorage office before any license application will be considered complete. You may attach blueprints or other detailed drawings that meet the requirements of this form. The diagram MUST include: a You must use a solid, contiguous red line to outline the outer perimeter of your premises with no breaks or separations. o The red outline is required to follow a physical barrier (wall, fence and even across doorways). o There should be no red lines within the nerimeter Each area should be clearly labeled in any color other than red where alcohol is: Stored Served/Sold c Manufactured ❑ Consumed • All diagrams must include: n Dimensions (AMCD does not accept diagrams drawn to sca le) a Cross streets a Points of reference, such as a compass rose indicating True North o All entrances, exits, walls, bars, and fixtures ■ If your premises include muitiple floors, please include a separate diagram of each floor- 0 You must identify the stairs between each floor, and each hallway/corridor that leads to each set of stairs. • !f your premises includes multiple floors, please include a separate diagram of each floor. You must identify the stairs between each floor, and each hallway/corridor that leads to each set of stairs. ■ if you r proposed premises is located within a building or building complex that contai ns m ultiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. 0 Any license applications that include outdoor space are required to submit a security plan that includes information about the barriers, practices, and personnel that are to be used to ensurethat alcohol 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 proposed locations on a case -by -case basis. Section 7 - Establishment Information Enter information forthe business seekingto be licensed, as identified on the license application. Licensee: KJB investments, LLC License Num License Type: Beverage Dispensary Doing Business As: Skeets Dive Bar Premises Address: 502 S Main Street City: Kenai State: K -mccgrip' rev 12/12/2023 Page 1 of 2 Overland A -venue .• . _. awd 25' JWWIV" Jj 4' R r W s u �ri z ul w � W wc.L GZ•V�L F x^1 � T� 4 X 94' ti w Lot Mu rt e a Sa taw. c3 �+a.y � w _ W c c a rn G F l N-,'J ►7t� flYJV'NmDo MAY 2 1 2D25 Dept. of Commerce AMCO 44,44tik , Alcohol and MarijuanaCont r 550 V4 7`" Avenue, S Page 21 ? ■ /' i Anchorage, AMCO alco!wl IKening-s—..., - .1_•. ' hStDs.11rrrYy+r.ComrrECr[e.alaJka.jtqvLxebJpmgg Ahone:9d7-269-D350 Alaska Alcoholic Beverage Control Board Form A8-02: Premises Diagram Section 2 - Datai>led (Premises Diagram Clearly indicate the boundaries of the premises and the proposed licensed area within that property. See above for detailed instruttions- da w ch. to K) H -a ID 00 (a ao 33 �0000. > -0 M —i aO_nn_'n3 Q 0 �►Q��L1131�2) Ca a ���3 C ,♦ 7s ti !` 19 y 3 CL a N BUNJed Women's ■ Bath r. ,. G 3 y �6 (p o Q._ O dol jUS 0 Ci 3 Caq — `- 07 0 1 rev 12/12/2023 Paget of 2 ❑epf, of Commerce AIVICC O KENAI PENINSULA Borough 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 Tuesday, September 16, 2025 Sent via email: cityclerk@kenai.city Shellie Saner, City Clerk City of Kenai RE: Non -Objection of Application Licensee/Applicant KJB Investments, LLC Business Name Skeets Dive Bar License Type Beverage Dispensary License Location 502 South Main Street, Kenai, AK 99611, City of Kenai License No. 1312 Application Type Transfer of Name Transfer of Owner Dear Ms. Saner, 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, cd,C/L Michele Turner, CIVIC Borough Clerk cc: k.raeann711 @gmail.com; mailto:amco.localgovernmentonly@alaska.gov KENAI CITY OF KENAI ORDINANCE NO. 3487-2025 Sponsored by: Administration AN ORDINANCE ACCEPTING AND APPROPRIATING A DONATION FROM HILCORP ALASKA TO ASSIST WITH THE ANNUAL AREA -WIDE SENIOR THANKSGIVING DINNER. WHEREAS, annually the Kenai Senior Center hosts a Thanksgiving Dinner that is open to seniors from all over the Central Peninsula; and, WHEREAS, the City received a donation from Hilcorp Alaska in the amount of $6,000 for the purchase of food and supplies for the dinner; and, WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate this donation for the purposes described above. 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 donation from Hilcorp Alaska in the amount of $6,000 and to expend the donated funds to fulfill the purpose and intent of the donation and this ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: Senior Citizen Special Revenue Fund: Increase Estimated Revenues — Donations $6. 000 Increase Appropriations — Congregate Meals — Operating Supplies $6. 000 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 151" DAY OF OCTOBER, 2025. Brian Gabriel Sr., Mayor New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3487-2025 Page 2 of 2 ATTEST: Michelle M. Saner, MMC, City Clerk Approved by Finance: Introduced: Enacted: Effective: October 1, 2025 October 15, 2025 October 15, 2025 New Text Underlined; [DELETED TEXT BRACKETED] L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Kathy Romain, Senior Center Director DATE: September 10, 2025 SUBJECT: Ordinance No. 3487-2025 - Accepting and Appropriating a Donation from Hilcorp Alaska to Assist with the Annual Area -Wide Senior Thanksgiving Dinner. Hilcorp Alaska has generously donated $6,000 for the annual Areawide Senior Thanksgiving Dinner, which will be held on Friday, November 21, 2025. This marks the twelfth consecutive year that Hilcorp has funded this beloved event, and seniors in our community eagerly look forward to enjoying a warm meal together, served by dedicated Hilcorp employees who volunteer their time. The Areawide Senior Thanksgiving Dinner has a rich history, beginning in 1976 when a Homemakers Club first provided and served the meal. Over the years, the tradition has been carried on by UNOCAL, Agrium, and Marathon Oil. Since 2012, Hilcorp has taken up the mantle, continuing to provide both funding and volunteers. We are grateful to live in a community that honors the elders who played a significant role in shaping Alaska into what it is today. The donation will be used as follows: Congregate Meals — Operating Supplies $6. 000 Thank you for your consideration. KENAI CITY OF KENAI ORDINANCE NO. 3488-2025 Sponsored by: Administration AN ORDINANCE ACCEPTING THE DONATION OF A PAVILION FROM THE KENAI PENINSULA SOCCER CLUB. WHEREAS, the Kenai Peninsula Soccer Club (KPSC), is a 501(c)(3) organization providing youth soccer activities that partners with the City in the use and maintenance of the City owned Kenai Sports Complex; and, WHEREAS, KPSC is constructing a pavilion at the Kenai Sports Complex with funds they secured, with a total project value of approximately $55,000; and, WHEREAS, KPSC desires to donate the pavilion to the City; and, WHEREAS, the pavilion will become a City asset maintained and operated by the Parks and Recreation Department; and, WHEREAS, the acquisition of the pavilion will enhance recreational opportunities available to the community; and, WHEREAS, on October 2, 2025 at the Parks and Recreation Commission meeting, the Parks and Recreation Commission recommended that Council the donation from KPSC; and, WHEREAS, it is in the best interest of the City to accept this donation. 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 donation valued in the amount of $ 55,000. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Revenues — Donations $55,000 Increase Appropriations — Buildings $55,000 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3488-2025 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15t" DAY OF October, 2025. ATTEST: Michelle M. Saner, MMC, City Clerk Approved by Finance: Brian Gabriel Sr., Mayor Introduced: Enacted: Effective: October 1, 2025 October 15, 2025 October 15, 2025 New Text Underlined; [DELETED TEXT BRACKETED] L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: September 22, 2025 SUBJECT: Ordinance No. 3488-2025 - Accepting the Donation of a Pavilion from the Kenai Peninsula Soccer Club. The Kenai Peninsula Soccer Club (KPSC) secured funding to construct a pavilion at the Kenai Sports Complex. The total project value is approximately $55,000, and all construction and associated costs are being paid by the KPSC. KPSC has obtained a City building permit and plans to have the pavilion completed before the start of the next soccer season. KPSC intends to donate the completed pavilion to the City of Kenai. If accepted, the pavilion will become City property and will be scheduled, operated, and maintained by the Parks and Recreation Department. A separate agreement will be created memorializing the parties' intent and expectations. This new amenity will improve the Sports Complex by adding a covered space for all users of the field. The pavilion would provide an enhanced recreation experience for all users of the fields. While KPSC is the primary user of the Sports Complex, it is also used by other groups throughout the year. A recommendation on acceptance of this Ordinance will be considered by the Parks and Recreation Commission at their regularly scheduled meeting on October 2, prior to City Council's formal consideration of the pavilion donation AGREEMENT BETWEEN THE CITY OF KENAI AND KENAI PENINSULA SOCCER CLUB FOR A PAVILLION LOCATED AT THE KENAI SPORTS COMPLEX This document constitutes the Agreement between the CITY of Kenai ("CITY") a Home Rule Alaska Municipal Corporation, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, and the Kenai Peninsula Soccer Club ("KPSC"), a 501(c)(3) whose address is PO Box 393, Kenai Alaska 99611 for KPSC to construct and donate a Pavilion to the CITY located on CITY owned Parcel No. 04301038, as further described below. WHEREAS, the CITY owns a parcel of land within the corporate boundaries of the CITY of Kenai, Physical Address 13072 Kenai Spur HWY, more particularly described as T 6N R 12W SEC 36 SEWARD MERIDIAN KN — that portion of the E1/2 lying Northeasterly of the Kenai Spur HWY and North of Evergreen Tract A Resub and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding Evergreen Sub Kim Add, of approximately 53.8 acres in size (the "PROPERTY"); and, WHEREAS, the CITY and KPSC cooperatively maintain and use the PROPERTY, known as the Kenai Sports Complex for KPSC's mission of fostering "a lifelong love for soccer by providing an inclusive, supportive, and challenging environment that promotes excellence on the pitch"; and, WHEREAS, the PROPERTY is used by other community groups for various activities as well; and, WHEREAS, KPSC desires to construct a Pavilion on the PROPERTY and donate it to the CITY to enhance the usability and community experience at the PROPERTY; and, WHEREAS, the CITY desires to accept the donation of the Pavilion for the benefit of the community; and, WHEREAS, the CITY and KPSC agree to the donation and acceptance of the donation, under the following terms provided below: NOWTHEREFOR, for good and valuable consideration: 1. If the CITY and KPSC both agree the completed value of the Pavilion will be approximately $55,000 as of the date of anticipated completion. 2. KPSC is responsible for obtaining a building permit and constructing the Pavilion as provided in the approved Building Plan at its sole cost at a location on the Property mutually agreed to. 3. KPSC agrees that it will use professional licensed and bonded contractors to complete construction of the Pavilion in compliance with CITY building codes. Insurance carried by contractor's must name City as additional insured for project. 4. KPSC agrees to indemnify (to include payment of all costs of defense including without limitation actual attorney's fees) and save harmless the CITY, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries, death, or damage received or sustained by any person, persons or property on account of or in consequence of any neglect in safeguarding the Pavilion during construction; or through the use of unacceptable materials in constructing the Pavilion; or because of any act of omission, neglect, or misconduct of KPSC, its agents and contractors; or from any claims or amounts arising or recovered under the "Worker's Compensation Act," or any other law, order, or decree. The liability assumed by KPSC includes without limitation claims for labor and materials furnished for the construction of the Pavilion. 5. Upon final completion of the Pavilion, the CITY will accept ownership of the Pavilion, and assume the right, without obligation to maintain, repair, and reconstruct the Pavilion. 6. The CITY will assume all ownership and control of the Pavilion upon its final completion, and makes no guarantees or promises to KPSC unless expressly provided in this Agreement. 7. KPSC will not be charged any specific fees for use of the Pavilion. 8. The CITY and KPSC agree that the CITY may authorize other uses for the Pavilion and that the CITY may charge fees for the benefit of the CITY from other groups or entities use of the Pavilion. KPSC CITY I0 By: Terry Eubank CITY Manager ACKNOWLEDGEMENT BY NOTARY PUBLIC State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this day of by Terry Eubank, CITY Manager for the CITY of Kenai. Notary Public of Alaska My Commission Expires: State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this by of the Kenai Peninsula Soccer Club. 2025, day of , 2025, Notary Public of Alaska My Commission Expires: KENAI CITY OF KENAI ORDINANCE NO. 3489-2025 Sponsored by: Legal AN ORDINANCE REPEALING KENAI MUNICIPAL CODE 7.15.100 PURCHASE AND SALES - CERTAIN CITY OFFICERS, TO PROHIBIT PURCHASES AND SALES TRANSACTIONS OF PERSONAL PROPERTY TO CITY OFFICIALS AND EMPLOYEES. WHEREAS, on May 21, 2025 the City Council enacted Ordinance 3469-2025 (Substitute) which prohibits municipal officers and employees from obtaining personal property items unneeded or surplused by the City as expressed in KMC 1.85.060 Conflicts of Interest Prohibited; and, WHEREAS, Kenai Municipal Code 7.15.100 Purchases and Sales -Certain City Officers, contrarily permits the City manager, Councilmembers and City employees to buy and sell items with a value of not more than $500 from and to the City respectively; and, WHEREAS, repealing KMC 7.15.100 is consistent with Council's intent expressed in Ordinance 3469- 2025 and is consistent with Section 5-8 of the City's Charter that allows such transactions subject to Council approval, but does not require them; and, WHEREAS, repealing KMC 7.15.100 is in the best interest of the City, aligning various purchase and sales clauses related to City Officials and Employees in the City's Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Repeal of Section 7.15.100 of Kenai Municipal Code: That Kenai Municipal Code, Section 7.15.100. Purchases and Sales -Certain City Officers, is hereby repealed as follows: [7.15.100 PURCHASES AND SALES —CERTAIN CITY OFFICERS. PURCHASES FROM, AND SALES TO, THE CITY MANAGER AND COUNCILMEMBERS SHALL ALSO BE GOVERNED BY THE CITY CHARTER, SECTION 5-8 EXCEPT AS FOLLOWS: (A) THE CITY MANAGER, COUNCILMEMBERS, AND CITY EMPLOYEES MAY SELL OR BARTER ANYTHING TO THE CITY, OR MAKE A CONTRACT WITH THE CITY, OR PURCHASE ANYTHING FROM THE CITY WITHOUT THE NECESSITY OF COMPETITIVE SEALED BIDS PROVIDED SUCH SALES, CONTRACT, OR PURCHASES INVOLVE A CONSIDERATION OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) IN VALUE. (B) ANY SALE, CONTRACT OR PURCHASE, OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) AUTHORIZED UNDER SUBSECTION (A) ABOVE, MUST BE MADE AT SUCH PRICES OR RATES PREVAILING IN THE COMMUNITY AND WITHOUT FAVORITISM OR DISCRIMINATION.] 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3489-2025 Page 2 of 2 Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15' DAY OF October, 2025. ATTEST: Michelle M. Saner, MMC, City Clerk Brian Gabriel Sr., Mayor Introduced: October 1, 2025 Enacted: October 15, 2025 Effective: November 14, 2025 New Text Underlined; [DELETED TEXT BRACKETED] L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Gabriel and Council Members FROM: Scott Bloom DATE: September 22, 2025 SUBJECT: Ordinance No. 3489-2025 - Repealing Kenai Municipal Code 7.15.100 Purchase and Sales -Certain City Officers, to Prohibit Purchases and Sales Transactions of Personal Property to City Officials and Employees. The City's Charter in Section 5-8 Personal Interest, provides the following: (a) Neither the City Administrator nor any Councilmember shall sell or barter anything to the City, or make any contract with the City, or purchase anything from the City other than those things which the City offers generally to the public (as for example, utility services), and then only on the same terms as are offered to the public, unless an invitation to submit sealed bids is published, and the City accepts the sealed bid which is most advantageous to the City; provided that the Council, by ordinance, may authorize such sales, contracts, or purchases involving a consideration of not more than five hundred dollars ($500.00) in value, to be made without such bids at prices or rates prevailing in the community and without favoritism or discrimination. (b) Any such officer violating this section, upon conviction thereof, shall thereby forfeit the office. Any violation of this section, with the knowledge, express or implied, of the person or corporation contracting with the City, shall render the contract voidable by the City Administrator or the Council. (c) This section shall not apply in cases in which the City acquires property from any such officer by condemnation. This Charter section prohibits certain purchases and sales between the City Administrator and Councilmembers with the City, unless the sales are not greater than $500 and are authorized by Council Ordinance. The Council previously authorized such sales through KMC 7.15.100 Purchases and Sales -Certain City Officers, which permitted the City Manager, Councilmembers and City Employees to buy and sell items with the City of not more than $500 in value. Most recently, in May 2025, Council approved amendments to KMC 1.85.060-Conflicts of Interest Prohibited, through Ordinance 3469-2025 (Substitute) which disallows the purchase of any personal property items from the City by City Employees and Officials. Consistent with Council's latest intent expressed through Ordinance 3469-2025, this Ordinance proposes to eliminate any potential conflicts in code by repealing KMC 7.15.100. Page 2 of 2 (Cj- The City of Kenai I www.kenai.city PURCHASE ORDERS OVER $35,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: OCTOBER 1, 2025 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT CONSTRUCTION HDL ENGINEERING KENAI MUNICIPAL AIRPORT ADMINISTRATION CONSULTANTS REHABILITATE RUNWAY 02L/20R 122479 - A/P IMPROVEMENTS SERVICES 2,109,705.00 3,291,578.00 Page 37 • City of Kenai MEMORANDUM KENA 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: Lee Frey, Public Works Director DATE: September 23, 2025 SUBJECT: Kenai Municipal Airport Rehabilitate Runway 02L/20R Project — PO Increase The Public Works Department recommends an increase of $2,109,705 to the Kenai Municipal Airport Rehabilitate Runway 02L/20R Project contract with HDL Engineering Consultants, Inc (HDL). to perform construction administration services for the project. The existing contract is for $1,181,873 to complete condition assessment, environmental assessment, design and bidding services. The project is being funded through a grant from the Federal Aviation Administration (FAA) with a total expected project cost of $22,889,946. The City of Kenai is paying 5% of the project costs for the grant totaling $1,144,497. HDL has been completing all of the design work on this project through the bidding phase and assisting with the grant application to the FAA. We are currently contracted with HDL for airport design services through a term contract that went through a competitive request for proposals process. The FAA procurement requirements do not allow cost to be a factor when selecting design consultants for Airport Improvement Program associated work and all costs are negotiated on a per project basis after awarding based on qualifications. Furthermore, if the City were to complete a public request for proposals for construction administration services, cost would not be allowed to be a factor for selection. A different scope of work for the construction administration services than was used for the grant application would also have to be developed to allow HDL to propose on the work to not have a competitive advantage and it would be possible that a different consultant could propose higher costs than our current recommendation. The construction administration services will require extensive onsite and office work to inspect and monitor the work and complete all record keeping requirements and submittals to the FAA. Construction work schedules have not been finalized, but the proposal from HDL includes onsite construction inspection and material testing services 24 hours a day, 6 days a week. It also includes staff in the office documenting, record keeping and auditing work for FAA requirements. Material testing to verify proper construction of the runway will be significant. HDL has a team of professionals that have completed similar scopes of work for other airport projects in Alaska and will provide a quality service for the City of Kenai. We recommend approving this increase to complete this work. Thank you for your consideration and I am available for any questions. K E NA MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: September 23, 2025 SUBJECT: Action/Approval - Confirmation of Mayoral Nominations of Student Representatives to City Council, and Parks & Recreation Commission. Pursuant to Kenai City Council Student Representative Policy 20.100, Student Representative Applications and informational packet were distributed to Kenai Central High School, Kenai Alternative High School and Connections Homeschool. Three applications were received, all applicants meet the requirements for appointment as Student Representative. Mayor Gabriel has requested Council Confirmation of the following appointments: Josh Bolling - Student Representative to City Council Term October 1, 2025 - August 31, 2026 Xiling Tanner - Student Representative to Parks & Recreation Commission Term: October 1, 2025 - August 31, 2026 Your consideration is appreciated. .� Application for City of Kenai Student Representative City Clerks Office Phone' 907.283.8246 � ` I 210 Ftdalgo Avenue Fa)c 907.281-5068 C � V Kenai, Alaska 99611 Finaif rjtttferk@kenar.city Commission or Council applying for, please select only one from the list below: n Airport Commission ❑ Beautificaucin Commission XCity Council (must reside in City Limits) C) Council on Aging Commission Applicant Information: Name: Mailin Address: Residence Address: « me Email Address: • Do you reside within the Kenai City Limits? ❑ Harbor commisston p parks & Recreation Commission ❑ Panning & Zoning Commission Home Phone: Cell Phone: f Alt. Phone; r V Grade Level: L ) ❑ Yes ❑ No ■ Does your schedule permit you to attend required meetings? I Yes ❑ No • Are you a student in good /standing at a School within Kenai City Ei its? ❑ Yes ❑ No School attending: y1 r/4 : L �'^ r�`c�� v� 6 • Are you a member of a leadership grouporstu ent co ncil of your schoolYes ❑ No Identify your leadership group: Cho 1 Or U, "t h ]'f s ic rr l L t-re • If the Commission or Council you applied for is unavailable, would you be open to appointment to a different one. If yes, please indicate which ones by listing one or more in the order of preference for appointment. 1. "rlf�T �4Un�l� 4. 2. S. 3. 6. "Complete Reverse Side* City of Kerwi Student Representalive Application 1 of o son Provide a brief statement describing your interest in serving as studet� a to the Commission or Council you are applying for. �rfJ J,r� �n eft I' J r ►ry-� ' � r Parent or Legal Guardians Approval I. parent or legal guardian of understand that if appointed as a student represedtative my child will be required to attend regular meetin§4f the commission or council appointed to during the regular school year. I further understand that the merits of my child may be discussed in a public forum during the appointment process and that the name of my child may be published in a newspaper or other media outlet. Signature of Parent or Legal Guardian: Date: School Administration Approval01 % I confirm that the applicant is a student in good standing at ��4i Iand that the school administration fully supports this appointment. T Print school Wame Signature of Princi Date: Students Affidavit I understand that this is a voluntary, appointed position to be selected by the Mayor and confirmed by the City Council, and requires regular attendance at regular meetings. I further understand that this application is public information and the merits of my appointment may be discussed in a public forum addition, my name may be published in a newspaper or other media outlets. — L `? Signature of Applicant: To� Otl Date: City of Kenai Student Representative Application FOR • Resident of the City: ®-Yes 0-No Student in good standing at a School in City Limits: M-Yes ❑-No Obtained Parent or Legal Guardians Permission: 0-Yes 0-No Obtained School Administrations Permission: ®-Yes O-No Page 2 of 2 .� Application for City of Kenai Student Representative City Clerk`s Office Phone: 907-283-8246 210 fidalgo Avenue Fax: 907-283-5068 KENAI Kenai, Alaska 99611 Ernail: cityclerk@kenai.city Commission or Council applying for, please select only one from the list below: 0 Airport Commission * Beautification Commission W City Council © Council on Aging Commission Applicant Information: Name: Ming Tanner Mailing Address: Residence Address: D Harbor Commission 17 Parks & Recreation Commission 0 Panning & Zoning Commission Home Phone: Cell Phone: Alt. Phone: Email Address: Grade Level: Do you reside within the Kenai City Limits? • Does your schedule permit you to attend required meetings? Are you a student in good standing at a School within Kenai City Limits? School attending: (;ornections Homeschool Pronrnn • Are you a member of a leadership group or student council of your school? Identify your leadership group: School Student Council -4 Yes © No i`O Yes ❑ No I Yes i7 No I i Yes 7 No If the Commission or Council you applied for is unavailable, would you be open to appointment to a different one. If yes, please indicate which ones by listing one or more in the order of preference for appointment. 1. Parks & Recreation Cammisslon 2. Planning & Zoning Comission 3. Airport Commission 4. Harbor -,_, i . -. 5. R1 "Complete Reverse Side" City of Kenai Student Representative Application Page 1 of 2 Page 42 Provide a brief statement describing your interest in serving as student representative Commission or Council you are applying for. Over the past year, I have had the privilege of serving as the student representative to the Kenai City Council where I gained valuable insight into the workings of local government and the importance of student voices in civic dedsions. This experience taught me how to communicate effectively between students and city leaders, present concerns thoughtfully, and contribute to meaningful discussions on community issues. t would be honored to continue building on this knowledge in the coming year, with the goal of making a greater impact and serving both the council and the student body more effectively. Parent or Legal Guardians Approval I Haifei Tanner parent or legal guardian of Xiliing Tanner , understand that if appointed as a student representative my child will be required to attend regular meeting of the commission or council appointed to during the regular school year. I further understand that the merits of my child may be discussed in a public forum during the appointment process and that the name of my child may be published in a newspaper or other media outlet. Signature of Parent or Legal Guardian: Date: 9 q ao�s School Administration Approval I confirm that the applicant is a student in good standing at and that the school administration fully supports this appointment_ Signature of Principal: / - --- Students Affidavft t Print School Name ~ Date: I J I understand that this is a voluntary, appointed position to be selected by the Mayor and confirmed by the City Council, and requires regular attendance at regular meetings. I further understand that this application is public information and the merits of my appointment may be discussed in a public forum. In addition, my name may be published in a newspaper or other media outlets, Si natum of Applicant: Bate: g Resident of the City: ®-Yes O-No Student in good standing at School in City Limits: 3-Yes 0-N❑ Obtained Parent or Legal Guardians Permission: 01-Yes ❑-No Obtained School Administrations Permission: Q[-Yes CI -No City of Kenai Student Representative Application Page 2 of 2 L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Gabriel & Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Kevin Buettner, Planning Director DATE: September 24, 2025 SUBJECT: Action/Approval - Directing the Planning & Zoning Commission to explore the issue of tent camping within the City. In early July 2025, both the City Manager's office and the Planning & Zoning Department received inquiries from residents regarding activities on a parcel located on Third Street. Reports indicated that tents, portable restrooms, and a dumpster had been placed on the property. Planning staff reviewed the parcel's ownership records and noted a recent transfer. Staff also conducted a site visit and confirmed the presence of several tents along the property's perimeter. Staff also spoke with an individual on -site who indicated that the property was being used solely for private, non-commercial purposes. The site appeared orderly at the time of the visit. Staff then researched the Kenai Municipal Code to determine the extent to which camping, and specifically tent camping in residential zones, is addressed. While the Code includes restrictions related to recreational vehicle (RV) use, there are limited references specific to tent camping. The current applicable provisions are outlined below. 13.10.060 — Sanitary Facilities for Camping on Private Property • (a) Camping on private property, without the written permission of the owner is prohibited. • (b) The person camping shall be in possession of written permission from the owner of said property which shall include the name of the person allowed to camp on the owner's property and shall specifically state the owner's permission for the camper to use the sanitary facilities of the property owner and state the location of the facilities. • (c) Sanitary facilities shall be provided by the property owner who allows camping on their property and shall be adequate for the number of persons camping on the property and shall be located within a reasonable proximity of the camping area. • (d) A violation of any provision of KMC 13.10.060 shall be punishable by a fine as provided for violations in KMC 13.05.010 [up to $500]. A recreational vehicle, motorhome, or camper with adequate self-contained sanitary facilities shall be considered to have adequate sanitary facilities for purposes of this ordinance. 13.20.035 - Camping, Fires, and Other Activities on City Beaches. • (a) The intent of this section is to regulate camping, fires and other activities on City beaches that threaten or have the potential to threaten or damage public and private property, use and enjoyment of the beaches, public safety, health and welfare, and other City interests. o (1) Camping, starting or maintaining open fires, and parking on City beaches is prohibited as follows: ■ (i) On that portion of the South Beach beginning at the line common to the NE'/4, and SE'/4, of Section 7, Township 5 North, Range 11 West, Seward Meridian Alaska South to the City of Kenai boundary, located on Section 7 and 18, Township 5 North, Range 11 West, Seward Meridian, as shown on Appendix III of this title. ■ (ii) On all City beaches, the burning of pallets and other wood materials containing metal fasteners. o (2) With reasonable public notice, and without further authorization, the City Manager may temporarily close City beaches or portions thereof to camping, starting or maintaining open fires, parking, vehicular access and other similar activities. Causes for such temporary closures include but are not limited to extreme high tides, conditions creating high fire dangers, health hazards, high waters or flooding or other risks to public safety, health or welfare or for the maintenance of City owned or managed property. ■ (i) Any temporary closure described in subsection (a)(2) of this section authorized by the City Manager must be reported to Council at the next Council meeting after the temporary closure takes effect. ■ (ii) Temporary closures authorized by the City Manager as described in subsection (a)(2) of this section may not exceed thirty (30) days. The Council may extend and modify closures by resolution. • (b) "City beaches," for purposes of this section, means the areas of the North and South Beach • (c) A violation of this section shall be punishable as provided in KMC 13.05.010 [up to $500], except that a violation of subsection (a)(1)(ii) of this section shall be punishable by a fifty dollar ($50.00) fine. • (d) The provisions of this section do not apply to governmental officials in the performance of their official duties, or to private property owners otherwise lawfully engaged in activities on their private property. 18.35.010 - Overnight Camping • (a) Overnight camping shall be allowed only in designated areas and only in City Parks assigned for camping. Overnight camping is not allowed on any other City owned property without specific written approval of the City Manager. • (b) Designated areas for camping will be determined by the City Manager or his designee. • (c) Overnight camping in the designated area shall not exceed three consecutive twenty- four (24) hour periods in any ten (10) day period. • (d) Camping fees shall be established from time to time by resolution of the Council and shall be payable in advance. Page 2 of 4 The City of Kenai I www.kenai.city 18.35.020 — No Camping Under Shelters • No person shall set up a camp beneath or within fifteen (15) feet of a shelter provided in a public park. Further provisions regarding camping with a RV specifically are covered under code: 14.20.245 - Recreational Vehicles. (a) Recreational vehicle parks may be allowed by conditional use permit as provided by the Land Use Table. Prior to issuance of a recreational vehicle park conditional use permit, the parks shall meet the following conditions: o (1) Adequate utilities for projected or actual use shall be available. o (2) The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. o (3) Any and all specific conditions required to comply with subsections (a)(1) and (2) as determined by the Planning and Zoning Commission shall be met by the applicant. (b) Maintenance of Parks. Recreational vehicle parks are not to become a nuisance to surrounding properties. Recreational vehicle parks shall control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. (c) Revocation of Permit. The conditional use permit may be revoked by the Commission if the conditions set forth in subsections (a) and (b) above are not maintained. (d) Prohibited Use of Recreational Vehicles. No person may occupy or utilize any recreational vehicle as living quarters or sleeping accommodations under any of the following conditions: o (1) While such vehicle is parked on any street, road, alley, or right-of-way. o (2) While such vehicle is parked on City property not designated as a recreational vehicle park. o (3) While such vehicle is parked on private property and set up for long term use. Long term use includes, but is not limited to, connection to external fuel tanks or natural gas, skirting in, connection to water, sewer, electrical or natural gas, or exceeding thirty (30) consecutive days. o (4) While the recreational vehicle is parked on private property with no principal permitted structure located on the property, except as otherwise allowed in KMC 14.20.245(e). (e) Exceptions to Prohibited Uses. o (1) Subsection (d) above shall in no way be construed as to prevent the historical use of recreational vehicles by workers employed in the cannery business if the recreational vehicles are on cannery property, are used only during the cannery season, and adequate utilities are available and their use will not threaten the health and safety of adjoining land owners or others. o (2) Recreational vehicles may be set up as living or sleeping quarters in mobile home parks under the provisions of KMC 14.20.240. o (3) For purposes of promoting tourism or industry, the City Manager may from time to time temporarily designate portions of City property for the parking of recreational vehicles. Vehicles parked upon City property so designated are exempt from the general requirements of this code section. Page 3 of 4 The City of Kenai I www.kenai.city o (4) Recreational vehicles may be set up as living or sleeping quarters by permit in conjunction with an active building permit under the following conditions: ■ (A) During the period of April 1st until October 31st. ■ (B) On bona fide construction sites. ■ (C) One (1) recreational vehicle per construction site. ■ (D) Permits are for a maximum of one hundred eighty (180) days. o (5) From May 1st to September 1st, a maximum of two (2) recreational vehicles per lot may be occupied or utilized as living quarters or sleeping accommodations in the Recreation Zone without the need for a conditional use permit, provided the requirements of KMC 14.20.245(a)(1), (a)(2) and 14.20.245(b) are met. Recommendations Based on these public inquiries, and with limited provisions in Kenai Municipal Code regarding tent camping in residential zones, it is recommended that Council refer to the Planning & Zoning Commission for further discussion and scheduling a public hearing to determine potential actions. Recommendations, if any, would be submitted by the Planning & Zoning Commission to Council for your consideration. If you support this recommendation, the following motion is respectfully requested. Motion 1 Move to approve directing the Planning & Zoning Commission to explore the issue of tent camping within the City and make appropriate recommendations to Council. Thank you for your consideration. Page 4 of 4 (Cj- The City of Kenai I www.kenai.city KENAI PLANNING & ZONING COMMISSION — REGULAR MEETING Page 47 SEPTEMBER 10, 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 September 10, 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 Jeanne Reveal Gwen Woodard A quorum was present. Absent: Jeff Twait Glenese Pettey Gwen Woodard Diane Fikes Stacie Krause Also in attendance were: Kevin Buettner, Planning Director Deborah Sounart, City Council Liaison Shellie Saner, City Clerk 3. Agenda and Consent Agenda Approval MOTION: Commissioner Reveal MOVED to approve the agenda and consent agenda. Commissioner Woodard 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. 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 Commissioner 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. APPROVAL OF MINUTES 1. *Regular Meeting of August 27, 2025. Planning & Zoning Commission Page 1 of 3 September 10, 2025 C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS - None. F. PUBLIC HEARINGS 1. Resolution PZ2025-28 - Granting a Conditional Use Permit to Temporarily Allow an Accessory Building on Parcel Without Main Building or Use on the parcel described as Lot 6, Block 5, Mommsens Subdivision Replat Addition No. 1, Located at 1012 Third Street, Within the Suburban Residential (RS) Zoning District. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2025-28. Commissioner Reveal SECONDED the motion. Planning Director Buettner read the staff report as included in the packet and attached to PZ2025-28. Vice Chair Earsley opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. Darrin Marion addressed the Commission in support of the Conditional Use Permit, noted he had resided on Third Street for 27-years; stated the residents had personally built, maintained and plowed the road for the past 20-years without help from the City; and expressed concerns about the road being blocked by berms at the end of the road. The applicant Emmet Heidemann in response to questions from the Commission clarified, placement of the connex would not impact his utilities; currently there was no electricity on the property; and this was just raw land. There being no one else wishing to be heard, the public comment period was closed. Commission Members spoke in support of Resolution PZ2025-28, recognizing that the intent is short- term, and was intended for development. VOTE: YEA: Woodard, Reveal, Earsley, Fikes NAY: None ABSENT: Twait, Pettey, Krause MOTION PASSED. Vice Chair Earsley noted the 15-day appeal period. G. UNFINISHED BUSINESS - None. H. NEW BUSINESS 1. Discussion - P&Z Meeting Schedule FY2026 Director Buettner opened the discussion noting possibility of reducing the regular meetings to once per month; through the summer every other meeting was cancelled; if time sensitive business came up a Special Meeting could be scheduled; and it would take a recommendation to Council to change the schedule. There was Commission discussion in supporting, noting reducing the number of meetings would support efficiency and cost savings; however, emphasis must be added that that the public still had opportunities Planning & Zoning Commission Page 2 of 3 September 10, 2025 Page 49 for input; concerns were noted regarding the possibility of long sessions when only conducting meetings once per month; and support was stated for a draft policy and recommendation to Council be brought forward to allow the absent Commissioners the opportunity to provide input on the subject. 2. Discussion - Capital Improvement Plan FY2027-2031 Commission Members spoke in support of requesting funding to update the City's Comprehensive Plan, noting it was adopted in 2016; growth and development over the past decade supported a review to ensure community goals aligned. I. REPORTS 1. Planning Director Buettner thanked the Commission Members for their support and understanding while his administrative staff was assisting at the Airport. 2. Vice Chair Earsley thanked the Commission for their support while she chaired the meetings. 3. Kenai Peninsula Borough Planning Commissioner Fikes reported on recent actions of the Kenia Peninsula Borough Planning Commission. 4. City Council Liaison Council Member Sounart reported on recent actions of the City Council. J. ADDITIONAL PUBLIC COMMENTS - None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: October 8, 2025 - Work Session. L. PENDING ITEMS - None. M. ADJOURNMENT N. INFORMATIONAL ITEMS - None. There being no further business before the Planning & Zoning Commission, the meeting was adjourned at 7:44 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of September 10, 2025. Logan Parks Deputy City Clerk Planning & Zoning Commission Page 3 of 3 September 10, 2025 Community Open House A AS K Amp Please ioin Glenfarne Alaska LNG and the J Alaska Gasline Development pen house for the Alas Corporation for ka LNG Project When: Wednesday, October Sth from 5:30-7:30pm Where: Nikiski Community Recreation Center 50097 Kenai Spur Highway Nikiski, AK 99611 GLENFARNE ALASKA LNG, LLC alaskaing@glenfarnecompanies.com PIMA USINE UEUfLUP IF IFF • / Page 51 KENAI City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwlenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: September 21, 2025 SUBJECT: Liquor License Renewal Annual Report Renewals: The following lists identifies active -operating Liquor licenses which will expire December 31, 2025. Licenses are listed by type and are operating within Kenai City limits. If the administration finds no grounds to protest the renewal of a license with no changes to the current operations, a notice of non -objection will be issued administratively. Should any grounds for protest be identified, a public hearing before Council will be scheduled for formal protest procedures. (KMC 2.10) Beverage Dispensary 1. G&B Inc. DBA: The White Mouse - License No. 204 Physical Address: 815 Frontage Road, Kenai, AK Beverage Dispensary - Tourism 1. Shilling Alaska, Inc. - DBA: Uptown Motel / Louie's - License No. 1859 Physical Address: 47 Spur View Drive, Kenai, AK 2. Shilling Alaska, Inc. - DBA: Uptown Motel / Back Door Lounge - License No. 2237 Physical Address: 18021 Kenai Spur Highway, Kenai, AK 3. Upper Deck LLC - DBA: The Upper Deck - License No. 2993 Physical Address: 305 N. Willow Street, Kenai, AK 4. Mitak LLC - DBA: Main Street Tap & Grill - License No. 4555 Physical Address: 10800 Kenai Spur Highway, Kenai, AK Club 1. Fraternal Order of Eagles, Kenai Peninsula Aerie No. 3525 - DBA: Frat Order of Eagles #3525 -License No. 337 Physical Address: 5765 Spur Highway, Kenai, AK 2. George H Plumey Memorial Post 20 American Legion - DBA: George H Plumey Memorial Post 20 American Legion - License No. 1380 Physical Address: 902 Cook Avenue, Kenai, AK 3. Kenai Elks Lodge #2425 - DBA: Kenai Elks Lodge #2425 - License No. 5644 Physical Address: 205 Barnacle Way, Kenai, AK Page 1 of 3 Package Store 1. Country Liquor LLC - DBA: Country Liquor - License No. 1308 Physical Address: 140 S. Willow Street, Kenai, AK 2. Walmart, Inc. - DBA: Wal-Mart Supercenter #4474 - License No. 4878 Physical Address: 10096 Kenai Spur Highway, Kenai, AK Restaurant Eating Place 1. Los Compadres Mexican Restaurant LLC - DBA: Los Compadres Mexican Restaurant - License No. 5859 Physical Address: 10672 Kenai Spur Highway #108, Kenai, AK 2. Jersey Subs AK LLC - DBA: Jersey Subs - License No. 5900 Physical Address: 106 S. Willow Street, Suite 3, Kenai, AK Continuations: Alaska Statutes 04.11.480 in part provides, "a local governing body may protest the continued operation of a license or endorsement during the second year of the biennial license. The following lists identifies active -operating Liquor licenses which will expire December 31, 2026. Licenses are listed by type and are operating within Kenai City limits. If the administration finds no grounds to protest continued operations, no actions will be taken. Should any grounds for protest be identified, a public hearing before Council will be scheduled for formal protest procedures. (KMC 2.10) Beverage Dispensary 1. Kenai Joe's Taphouse, LLC - DBA: Kenai Joe's Taphouse, LLC - License No. 626 Physical Address: 800 Cook Avenue, Kenai, AK 2. D & E Investments Inc. - DBA: The Bow - License No. 1312 Physical Address: 502 Main Street, Kenai, AK 3. Solitaire, LLC - DBA: Pizza Paradisos - License No. 3032 Physical Address: 815 Frontage Road, Kenai, AK 4. Don Jose's, LLC - DBA: Martha's Cocina - License No. 3039 Physical Address: 205 S. Willow Street, Kenai, AK Golf Course - Seasonal 1. KNC Golf Inc. - DBA: Kenai Golf Course - License No. 5788 Physical Address: 1420 Lawton Drive, Kenai, AK Outdoor Recreation Lodge 1. The Cannery Lodge LLC - DBA: The Cannery Lodge - License No. 5369 Physical Address: 2101 Bowpicker Lane, Unit 13, Kenai, AK Package Store 1. Carr-Gottstein Foods Co. - DBA: Oaken Keg #1808 -License No. 3218 Physical Address: 10576 Kenai Spur Highway, Kenai, AK Page 2 of 3 2. Three Bears Alaska, Inc. - DBA: Three Bears - License No. 4118 Physical Address: 1057 Kenai Spur Highway, Kenai, AK 3. AK, Inc. - DBA: Speedway Express - License No. 4544 Physical Address: 11120 Kenai Spur Highway, Kenai, AK Recreational Site -Seasonal 1. Peninsula Oilers Baseball Club Inc. - DBA: Peninsula Oilers - License No. 846 Physical Address: 103 S. Tinker, Kenai, AK Restaurant Endorsement 1. Salamatof Cannery Lodge LLC - DBA: Salamatof Canner Lodge - License No. 15960 Physical Address: 2291 Bowpicker Lane, Kenai, AK Restaurant Eating Place 1. Ramon Gonzalez - DBA: Playa Azul - License No. 5224 Physical Address: 12498 Kenai Spur Highway #1, Kenai, AK Page 3 of 3 L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Gabriel and City Council Members FROM: Shellie Saner, City Clerk DATE: September 23, 2025 SUBJECT: Open Nomination for appointments to the City of Kenai Arbitration Panel. Purpose: The purpose of the Personnel Board - Arbitration Panel is to hear appeals from City employees in the classified service on disciplinary actions which resulted in suspension, demotion, or dismissal. (KMC 23.35.030(e)) Vacancies: There are currently three vacancies on the Arbitration Panel; additionally, another three members who indicated they will not reapply have terms ending on December 31, 2025, which will result in six vacancies on this twelve -member panel. Vacancies on the Arbitration Panel are chosen by the City Council from nominees made by both City employees and members of the City Council. (KMC 23.35.032(a)) Qualifications: To be eligible to serve on the Arbitration Panel, members must be a resident of the City of Kenai and must not hold any other office or position in the government of the City. (KMC 23.35.032(c)) Terms: Members of the Arbitration Panel serve three-year terms, beginning on January 1 and ending on December 31. (KMC 23.35.032(c)). How to Nominate: If you wish to nominate an individual for consideration for appontment, please have your nominee complete the attached nomination form and submit it to the City Clerk's Office at 210 Fidalgo Ave., Kenai, Alaska. Application Deadline: Applications will be accepted until all vacancies are filled. C*'j KENAI First Name: * Residence Address: * Mailing Address: * Mailing Citv: * Primary Phone: * Personnel Arbitration Panel Nomination Form Application to be completed by nominee. Mailing State: * Home Phone: Last Name: * If appointed, select items approved for publication on City Website: Primary Phone Home Phone Email Mailing Zip: * E-mail: * How long have you been a resident of the City of Kenai? * Members must be a resident of the City of Kenai and must not hold another office or position in the government of the City of Kenai. Name of Spouse: Name of Emplover: Name of Nominator: * Members of the Arbitration Panel shall be chosen by the City Council from nominees made by City employees and members of the City Council. Why do you want to be involved with the Personnel Arbitration Panel? List Current Organization Memberships: List Past Organization Memberships: What background, experience or other credentials do you possess to bring to the Personnel Arbitration Panel? Submit form to the Kenai City Clerk's Office at 210 Fidalgo Ave, Kenai, or to cityclerk@kenai.city Date Submitted: CITY OF KENAI �. City Council K E N A I Notice of Meeting City Hall Council Chambers, 210 Fidalgo Ave, Kenai, AK The Kenai City Council will hold a regular meeting on October 1, 2025, beginning at 6:00 p.m. Visit the City Meeting web page for information regarding this meeting: https://www.kenai.city/meetings The public is invited to attend and participate. Virtual and telephonic options for participation are available. Additional information is available through the City Clerk's Office or by visiting our website at www. kenai. city. Shellie Saner, MMC, City Clerk Publish: 09/26/2025 CERTIFICATE OF PUBLICATION & POSTING I, Shellie Saner, City Clerk of the City of Kenai, do hereby certify that on the 18th day of September 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 September 26, 2025 edition of their newspaper. On the 26th day of September, 2025, the Notice of Public Hearing and full meeting agenda was posted at Kenai City Hall and on the interne w.kenai.cit . 'SKe le San C, City Clerk Z w Y r p O cu Q O0 0 3 Q�c .- ._ ca4)acc Y E�" T aScu} > F3U ac 0 `' N cu cu o_s> rn C N =_ E N vi3aE —o cn cos ccuu0C°rn L U t° — T CDCU CcU•c Q O CU Q O O O cu -0 cu _At N U~64 .0 C Q. 0 N O O 3 c � cu .E o rn O cn ai E5 >, a¢ � V ; O a co Q U a co , iF- -0 > O cc to Y a) cu c _ p •° U cc W a� >� cn Q- = � — O •— . ` L U �O co :3 4) C acY a) p _Q O ~ o cu OCTOBER 1, 2025 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET: ACTION ITEM Add item K.1. City Manager Report - Community Survey Memo Add item K.2. City Attorney Report - Challenger Center Memo REQUESTED BY PAGE Administration 1 Legal 2 L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: September 30, 2025 SUBJECT: Upcoming Community Survey On July 8, 2025, the City issued a Request for Proposals (RFP) to conduct a statistically valid and representative community survey. The purpose of the survey is to gather resident feedback and measure satisfaction with City services, quality of life, and other community priorities. Fourteen proposals were received, and Probolsky Research was selected as the highest -ranked firm. The Administration worked with Probolsky and City Department Heads to finalize the survey questions, and the survey will begin next week with mailed postcards to selected residents, who may also receive follow-up invitations by email, text, or phone call. Contact information for residents was obtained from government and consumer databases, and the consultant will not use autodialing or bulk texting, but may contact individuals directly in compliance with FCC regulations. Each survey takes approximately 15 minutes and can be completed by phone or online. Invitations will include unique links or codes to ensure responses are counted only once. Because the survey uses a random sampling method rather than a self-selected approach, not every resident will be contacted, and some households may receive multiple calls if interviewers are attempting to reach a specific participant. Participation is voluntary. The results will provide City Council and the Administration with reliable, representative data to inform decisions, guide community priorities, and support strategic planning. After the statistically valid survey is complete, an open -link version will be posted on the City's website for residents who were not selected in the random sample. These responses will be reported separately, providing additional community perspective. Results are expected in mid to late November and will assist Council and the Administration in making informed decisions that reflect the perspectives and priorities of the community. Please contact me if you have any questions. 1 of 3 L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: September 30, 2025 SUBJECT: Challenger Center As Council is aware, the Alaska Challenger Center for Space Science Technology, Inc. ("Challenger Center") has very recently provided verbal notice to the City that it intends to cease operations and terminate its lease with the City at the end of this calendar year. After meeting on this issue with the City Manager, Planning Director, and Public Works Director we concluded it would be beneficial for Council and the public to have some background information on the property and very general legal process anticipated moving forward. In the meantime, Administration is working cooperatively with the representatives of the Challenger Center during this transition and the City Manager may provide additional information on this effort separately. In 1997, the City and Challenger Center entered into a Memorandum of Agreement planning for the future facility to house the Challenger Center. Essentially, the Agreement provided the City would provide the land and the Challenger Center would raise funds with the City acting as a pass -through agency for grant funding. At that time, it was envisioned that the City would manage the construction and own the improvements after completion and the Challenger Center would manage the facility. In January 1999, the Borough enacted an ordinance conveying land it received from the State Mental Health Trust to the City for both the City's Multi -Purpose facility and the Challenger Center facility. Similar to the subsequent deed from the Borough to the City, the conveyance was restricted within the ordinance to government land uses as defined by KPB 17.10.250. In March 1999 a second Memorandum of Agreement was entered into between the City and Challenger Center defining the roles and responsibilities of the parties for construction of the Challenger Center facility. Next, in early May 1999 the Borough conveyed the property to the City where the facility sits today. The Quitclaim deed contained the following relevant restriction: FURTHER SUBJECT TO restrictive covenant restricting the land to government purposes. Government purpose means lands that may be or are required for use by a federal, state, or local governmental entity. Such uses include existing and future school sites; sites for service area facilities; or, any governmental use determined to be beneficial to the public. While Borough Code has changed since 1999, KPB 17.10.250 still carries a definition of "Government" nearly identical to the restrictive language in the 1999 Quitclaim deed. 2 of 3 The land on which the facility is located is currently zoned "Education", which is intended primarily for education and related uses such as schools, dormitories for educational purposes, parks and recreation, libraries and museums. On May 20, 1999, the City and Challenger Center entered into a 99-year land lease, for the operation of the "Challenger Learning Center" for the lease rate of one dollar per year. The lease provides that if the lease is in good standing, which it is, the lease may be cancelled upon mutual written agreement by the Lessee and City Council. It is anticipated that a Cancellation Agreement will be brought forward for Council Approval in the near future. Upon the effective date of the mutual lease cancellation, expected to be December 31, 2025, the City will assume control over the building and be responsible for its maintenance. Any future use of the facility by the City or any third party, will need to comply with the deed restriction imposed by the Borough and the City's zoning codes, unless changed or removed. The City is currently unaware of any mortgage or other liens on the property. The lease provides that upon termination title to the buildings, improvements and building equipment shall automatically vest in the City without the requirement of any deed, conveyance or bill of sale. The City anticipates working cooperatively through this process with Challenger Center staff and the Board for as smooth a transition as possible. Future plans and anticipated uses of the facility are being evaluated at this time. Page 2 of 2 (Cj- The City of Kenai I www.kenai.city 3 of 3 z O H Q U IL H J_ U z O U 0 w W z U_ 0 0 0 0 0 M W O m F- z LU LO N O N w m O F- L) O Li: O 0 z_ F- W w J_ U D O F- z M Q F- z M O U Q F- z w F- Q a w 0 z O a_ U w a O z W ■ U) Z) O ry CO w n U) w a- F- z w F- w' z c v W z O a z O F= U Cl) a O z W • KENAI City of Kenai I 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: September 16, 2025 SUBJECT: Action/Approval - Non -Objection to the Transfer of Ownership of a Beverage Dispensary Liquor License to KJB Investments, LLC DBA Skeets Dive Bar- License No. 1312 An application was submitted to the Alcohol and Marijuana Control Office (AMCO) for a transfer of ownership by the following establishments: Transferor: Applicant: D/B/A: Physical Address License Type: License No. Transferee: Applicant: D/B/A: Physical Address License Type: License No. D&E Investments, Inc. The Bow 502 S. Main Street Beverage Dispensary 1312 KJB Investments, LLC Skeets Dive Bar 502 S. Main Street Beverage Dispensary 1312 The administrative review of application has been completed in accordance with KMC 2.10.010 and it has been determined that the applicant(s) have met all obligations to the City, as established within City code. With the approval of Council, a letter of non -objection to the transfer of ownership will be forwarded to AMCO and the applicant. Your consideration is appreciated. APPROVED By MjNiGiL Date-, g o Q 00 O �n a = z Q N 0 H O M Q O O z o :D ti O o Q N Z Z O� Q ~ W Z z Ir Co OQ z cc' cf U W O o w Q w U Q cn (n H Z W 2 W O Of IL a W IL Q i O w o o a N `" a Q _J v O N U o O >- W LU CL Q Q = U n Qry LO O 0 0- N o a w a z Q �J c O m m m MEl� O W U)W w w p = Y U w O U w > CL a O u: O O cn � z W Z N O W O W Z W Lu LL O W I- U) J Q W Z Q F- U Z p w p w CO O z U z J Z 00 a > Z > KENAI City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Lee Frey, Public Works Director DATE: September 23, 2025 SUBJECT: Kenai Municipal Airport Rehabilitate Runway 02L/20R Project — PO Increase The Public Works Department recommends an increase of $2,109,705 to the Kenai Municipal Airport Rehabilitate Runway 02L/20R Project contract with HDL Engineering Consultants, Inc (HDL). to perform construction administration services for the project. The existing contract is for $1,181,873 to complete condition assessment, environmental assessment, design and bidding services. The project is being funded through a grant from the Federal Aviation Administration (FAA) with a total expected project cost of $22,889,946. The City of Kenai is paying 5% of the project costs for the grant totaling $1,144,497. HDL has been completing all of the design work on this project through the bidding phase and assisting with the grant application to the FAA. We are currently contracted with HDL for airport design services through a term contract that went through a competitive request for proposals process. The FAA procurement requirements do not allow cost to be a factor when selecting design consultants for Airport Improvement Program associated work and all costs are negotiated on a per project basis after awarding based on qualifications. Furthermore, if the City were to complete a public request for proposals for construction administration services, cost would not be allowed to be a factor for selection. A different scope of work for the construction administration services than was used for the grant application would also have to be developed to allow HDL to propose on the work to not have a competitive advantage and it would be possible that a different consultant could propose higher costs than our current recommendation. The construction administration services will require extensive onsite and office work to inspect and monitor the work and complete all record keeping requirements and submittals to the FAA. Construction work schedules have not been finalized, but the proposal from HDL includes onsite construction inspection and material testing services 24 hours a day, 6 days a week. It also includes staff in the office documenting, record keeping and auditing work for FAA requirements. Material testing to verify proper construction of the runway will be significant. HDL has a team of professionals that have completed similar scopes of work for other airport projects in Alaska and will provide a quality service for the City of Kenai. We recommend approving this increase to complete this work. Thank you for your consideration and I am available for any questions. APPROVED BY COUNCIL Date: 101#2-12 oz�R T� City of Kenai 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: September 23, 2025 SUBJECT: Action/Approval - Confirmation of Mayoral Nominations of Student Representatives to City Council, and Parks & Recreation Commission. Pursuant to Kenai City Council Student Representative Policy 20.100, Student Representative Applications and informational packet were distributed to Kenai Central High School, Kenai Alternative High School and Connections Homeschool. Three applications were received, all applicants meet the requirements for appointment as Student Representative. Mayor Gabriel has requested Council Confirmation of the following appointments: Josh Bolling - Student Representative to City Council Term October 1, 2025 - August 31, 2026 Xiling Tanner - Student Representative to Parks & Recreation Commission Term: October 1, 2025 - August 31, 2026 Your consideration is appreciated. Date: 10(7--, 12's--dy KF��NAI City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city MEMORANDUM TO: Mayor Gabriel & Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Kevin Buettner, Planning Director DATE: September 24, 2025 SUBJECT: Action/Approval - Directing the Planning & Zoning Commission to explore the issue of tent camping within the City. In early July 2025, both the City Manager's office and the Planning & Zoning Department received inquiries from residents regarding activities on a parcel located on Third Street. Reports indicated that tents, portable restrooms, and a dumpster had been placed on the property. Planning staff reviewed the parcel's ownership records and noted a recent transfer. Staff also conducted a site visit and confirmed the presence of several tents along the property's perimeter. Staff also spoke with an individual on -site who indicated that the property was being used solely for private, non-commercial purposes. The site appeared orderly at the time of the visit. Staff then researched the Kenai Municipal Code to determine the extent to which camping, and specifically tent camping in residential zones, is addressed. While the Code includes restrictions related to recreational vehicle (RV) use, there are limited references specific to tent camping. The current applicable provisions are outlined below. 13.10.060 — Sanitary Facilities for Camping on Private Property • (a) Camping on private property, without the written permission of the owner is prohibited. • (b) The person camping shall be in possession of written permission from the owner of said property which shall include the name of the person allowed to camp on the owner's property and shall specifically state the owner's permission for the camper to use the sanitary facilities of the property owner and state the location of the facilities. • (c) Sanitary facilities shall be provided by the property owner who allows camping on their property and shall be adequate for the number of persons camping on the property and shall be located within a reasonable proximity of the camping area. • (d) A violation of any provision of KMC 13.10.060 shall be punishable by a fine as provided for violations in KMC 13.05.010 [up to $500]. A recreational vehicle, motorhome, or camper with adequate self-contained sanitary facilities shall be considered to have adequate sanitary facilities for purposes of this ordinance. 4PPROVED BY COUNCIL a � 0 1 ?,I 13.20.035 - Camping, Fires, and Other Activities on City Beaches. • (a) The intent of this section is to regulate camping, fires and other activities on City beaches that threaten or have the potential to threaten or damage public and private property, use and enjoyment of the beaches, public safety, health and welfare, and other City interests. o (1) Camping, starting or maintaining open fires, and parking on City beaches is prohibited as follows: ■ (i) On that portion of the South Beach beginning at the line common to the NE %, and SE 1/4, of Section 7, Township 5 North, Range 11 West, Seward Meridian Alaska South to the City of Kenai boundary, located on Section 7 and 18, Township 5 North, Range 11 West, Seward Meridian, as shown on Appendix III of this title. ■ (ii) On all City beaches, the burning of pallets and other wood materials containing metal fasteners. o (2) With reasonable public notice, and without further authorization, the City Manager may temporarily close City beaches or portions thereof to camping, starting or maintaining open fires, parking, vehicular access and other similar activities. Causes for such temporary closures include but are not limited to extreme high tides, conditions creating high fire dangers, health hazards, high waters or flooding or other risks to public safety, health or welfare or for the maintenance of City owned or managed property. ■ (i) Any temporary closure described in subsection (a)(2) of this section authorized by the City Manager must be reported to Council at the next Council meeting after the temporary closure takes effect. ■ (ii) Temporary closures authorized by the City Manager as described in subsection (a)(2) of this section may not exceed thirty (30) days. The Council may extend and modify closures by resolution. • (b) "City beaches," for purposes of this section, means the areas of the North and South Beach • (c) A violation of this section shall be punishable as provided in KMC 13.05.010 [up to $500], except that a violation of subsection (a)(1)(ii) of this section shall be punishable by a fifty dollar ($50.00) fine. • (d) The provisions of this section do not apply to governmental officials in the performance of their official duties, or to private property owners otherwise lawfully engaged in activities on their private property. 18.35.010 - Overnight Camping • (a) Overnight camping shall be allowed only in designated areas and only in City Parks assigned for camping. Overnight camping is not allowed on any other City owned property without specific written approval of the City Manager. • (b) Designated areas for camping will be determined by the City Manager or his designee. • (c) Overnight camping in the designated area shall not exceed three consecutive twenty- four (24) hour periods in any ten (10) day period. • (d) Camping fees shall be established from time to time by resolution of the Council and shall be payable in advance. Page 2 of 4 The City of Kenai www.kenai.city 18.35.020 — No Camping Under Shelters • No person shall set up a camp beneath or within fifteen (15) feet of a shelter provided in a public park. Further provisions regarding camping with a RV specifically are covered under code: 14.20.245 - Recreational Vehicles. (a) Recreational vehicle parks may be allowed by conditional use permit as provided by the Land Use Table. Prior to issuance of a recreational vehicle park conditional use permit, the parks shall meet the following conditions: o (1) Adequate utilities for projected or actual use shall be available. o (2) The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. o (3) Any and all specific conditions required to comply with subsections (a)(1) and (2) as determined by the Planning and Zoning Commission shall be met by the applicant. (b) Maintenance of Parks. Recreational vehicle parks are not to become a nuisance to surrounding properties. Recreational vehicle parks shall control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. (c) Revocation of Permit. The conditional use permit may be revoked by the Commission if the conditions set forth in subsections (a) and (b) above are not maintained. (d) Prohibited Use of Recreational Vehicles. No person may occupy or utilize any recreational vehicle as living quarters or sleeping accommodations under any of the following conditions: o (1) While such vehicle is parked on any street, road, alley, or right-of-way. o (2) While such vehicle is parked on City property not designated as a recreational vehicle park. o (3) While such vehicle is parked on private property and set up for long term use. Long term use includes, but is not limited to, connection to external fuel tanks or natural gas, skirting in, connection to water, sewer, electrical or natural gas, or exceeding thirty (30) consecutive days. o (4) While the recreational vehicle is parked on private property with no principal permitted structure located on the property, except as otherwise allowed in KMC 14.20.245(e). (e) Exceptions to Prohibited Uses. o (1) Subsection (d) above shall in no way be construed as to prevent the historical use of recreational vehicles by workers employed in the cannery business if the recreational vehicles are on cannery property, are used only during the cannery season, and adequate utilities are available and their use will not threaten the health and safety of adjoining land owners or others. o (2) Recreational vehicles may be set up as living or sleeping quarters in mobile home parks under the provisions of KMC 14.20.240. o (3) For purposes of promoting tourism or industry, the City Manager may from time to time temporarily designate portions of City property for the parking of recreational vehicles. Vehicles parked upon City property so designated are exempt from the general requirements of this code section. Page 3 of 4 '� The City of Kenai (www.kenai.city o (4) Recreational vehicles may be set up as living or sleeping quarters by permit in conjunction with an active building permit under the following conditions: ■ (A) During the period of April 1 st until October 31 st. ■ (B) On bona fide construction sites. ■ (C) One (1) recreational vehicle per construction site. ■ (D) Permits are for a maximum of one hundred eighty (180) days. o (5) From May 1st to September 1st, a maximum of two (2) recreational vehicles per lot may be occupied or utilized as living quarters or sleeping accommodations in the Recreation Zone without the need for a conditional use permit, provided the requirements of KMC 14.20.245(a)(1), (a)(2) and 14.20.245(b) are met. Recommendations Based on these public inquiries, and with limited provisions in Kenai Municipal Code regarding tent camping in residential zones, it is recommended that Council refer to the Planning & Zoning Commission for further discussion and scheduling a public hearing to determine potential actions. Recommendations, if any, would be submitted by the Planning & Zoning Commission to Council for your consideration. If you support this recommendation, the following motion is respectfully requested. Motion 1 Move to approve directing the Planning & Zoning Commission to explore the issue of tent camping within the City and make appropriate recommendations to Council. Thank you for your consideration. Page 4 of 4 '� The City of Kenai www.kenai.city CITY OF KENAI REPORT TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 2025 AUDIT PLAN YEAR ENDED JUNE 30, 2025 BDO USA, P.C., a Virginia professional corporation, is the U.S. member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms. Welcome September 17, 2025 Honorable Mayor and Members of the City Council City of Kenai We look forward to discussing with you the current year audit plan for the City of Kenai (the City).This report provides an overview of our overall objectives for the audit,and the nature,scope,and timing of the planned audit work. We are pleased to be of service to the City,are committed to executing a quality audit,and look forward to discussing our audit plan,as well as other matters that may be of interest to you. Respectfully, Copy to:Brian Gabriel, Mayor Terry Eubank, City Manager David Swarner, Finance Director BDO USA, P.C. 3601 C Street, Suite 600 Anchorage, AK 99503 Tel.: 907-278-8878 www.bdo.com Your Client Service Executive Team JOY MERRINER Assurance Practice Leader, Principal 907-770-2257 / jmerriner@bdo.com MICHELLE KIESE Assurance Director 907-646-7335 / mkiese@bdo.com KATE MELANDER Assurance Experienced Senior 907-646-7326 / kmelander@bdo.com 3 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Contents The following communication was prepared as part of our audit, has consequential limitations, and is intended solely for the information and use of those charged with governance (e.g., City Council) and, if appropriate, management of the City, and is not intended and should not be used by anyone other than these specified parties. EXECUTIVE SUMMARY 4 AUDIT OVERVIEW & STRATEGY 7 INQUIRIES OF THOSE CHARGED WITH GOVERNANCE 13 THE BDOADVANTAGE 15 GOVERNMENT ACCOUNTING STANDARDS UPDATE 19 OTHER TOPICS 21 4 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Executive Summary 5 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Executive Summary Audit timeline •We will perform our interim procedures during the months of August and September and our year end procedures during the months of November and December. Audit strategy, including significant risks identified •Our audit strategy, including significant risks identified, for the 2025 audit is outlined in the “Areas of Significant Risk” on page 11. Planned involvement of persons not employed by BDO USA, P.C. •We plan to use the work of other persons not employed by BDO USA, P.C. in selected areas of our 2025 audit. Refer to the “Planned Use of Persons Not Employed by BDO USA, P.C.” on page 12. Other topics of interest –We have provided you with a list of Government Accounting Standards Update of page 20 which includes GASB Statements that are effective for the year ended June 30, 2025, and GASB Statements that are effective for upcoming year ends. 6 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Audit Timeline The following represents our anticipated schedule regarding our audit of the annual financial statements of the City: Jul Aug Sep Oct Nov Dec Jan Planning  Interim Fieldwork  Year-End Fieldwork  Release Report on Financial Statements  7 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Audit Overview & Strategy 8 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Overview Our audit strategy follows a risk-based approach, so that our audit work, including the nature, timing and extent of audit procedures planned, is focused on the areas of the financial statements where the risk of material misstatement is assessed to be significant as well as other areas of the financial statements where we have identified risks of material misstatement. In preparation for our audit, we have discussed with the Honorable Mayor and Members of the City Council and management significant matters including, but not limited to, market conditions, activities, and changes to the City’s business, systems, accounting principles and controls, and obtained management’s view of potential audit risk in order to update our understanding of the City. This is important to our identification and assessment of risks of material misstatement to the financial statements and related disclosures. Key components of our audit objectives and strategy are highlighted within this report. We will continue to update the resulting assessment throughout the audit. We will communicate to you any significant changes to the planned audit strategy or the significant risks initially identified and communicated herein, and the reason for such changes, as applicable, when we present the results of our audit upon completion. 9 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Terms of the Audit and Independence AUDITOR’S RESPONSIBILITY BDO USA, P.C., as your auditor, is responsible for forming and expressing an opinion about whether the financial statements that have been prepared by management, with your oversight, are prepared, in all material respects, in accordance with the applicable financial reporting framework. We are also responsible for expressing an in relation to opinion on the schedule of expenditures of federal awards (SEFA) and schedule of state financial assistance (SSFA) that has been prepared by management, with your oversight, is prepared in accordance with Government Auditing Standards. Our audit will be conducted in accordance with standards for financial audits contained in the Government Auditing Standards (GAS or Yellow Book) issued by the Comptroller General of the United States. Our audit will also be performed in accordance with Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements of Federal Awards (Uniform Guidance) and State of Alaska Single Audit Guide and Compliance Supplement (State Audit Guide) for forming and expressing an opinion on compliance. The audits do not relieve you of your responsibilities and do not relieve management of their responsibilities. INDEPENDENCE Our engagement letter to you dated June 30, 2025, describes our responsibilities in accordance with professional standards and certain regulatory authorities and Government Auditing Standards regarding independence and the performance of our services. This letter also stipulates the responsibilities of the City with respect to independence as agreed to by the City. Please refer to that letter for further information. TERMS OF THE AUDIT Our establishment and understanding of the terms of the audit engagement have been documented in our annual engagement letter, which was provided to you on June 30, 2025, and includes the objectives of the audit along with the responsibilities of both the auditor and of management for your reference. We will plan and perform the audit of the financial statements for the year ended June 30, 2025, in accordance with Government Auditing Standards. We will plan and perform the audit of the SEFA and SSFA for the year ended June 30, 2025, in accordance with GAS and will issue an in relation to opinion. We will perform tests of compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions is not an objective of our audit. We will consider the City's internal control over compliance with requirements that could have a direct and material effect on a major federal and state program in order to determine our auditing procedures for the purpose of expressing an opinion on compliance and to test and report on internal control over compliance in accordance with GAS, the Uniform Guidance and the State Audit Guide. 10 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Determining Our Planned Audit Strategy We focus on areas with higher risk of material misstatement to the financial statements, whether due to error or fraud. In addition, Government Auditing Standards require that we also plan and perform the audit to obtain reasonable assurance about whether the City has complied with applicable laws, regulations and the terms and conditions of the federal and state awards that may have a direct and material effect on each of City’s major federal and state programs. Our audit strategy includes consideration of the following: Prior year audit results including discussions with management and those charged with governance regarding the City’s operations and risks. Inherent risk within the City (i.e., the susceptibility of the financial statements to material error or fraud) without regard to the effect of controls. A continual assessment of materiality thresholds based upon qualitative and quantitative factors affecting the City. Recent developments within the industry, regulatory environment, and general economic conditions. Recently issued and effective accounting and financial reporting guidance. The City’s significant and critical accounting policies and procedures, including those requiring significant management judgments and estimates and those related to significant unusual transactions. The control environment, risk management and monitoring activities, and the possibility that internal controls may fail to prevent or detect a material misstatement due to error or fraud. In connection with our audit, we will obtain a sufficient understanding of the City’s internal control to plan the audit of the financial statements. However, such understanding is required for the purposes of determining our audit procedures and not to provide any assurance concerning such internal control. The use of information systems and service organizations in the financial reporting process and overall IT environment. Extent to which we plan to use others, outside the core engagement team, to perform certain planned audit procedures or evaluate audit results related to significant risks that may require specialized skills or knowledge. We will consider the City’s internal control over financial reporting as a basis for designing audit procedures for the purpose of expressing an opinion on the financial statements, but not for the purpose of expressing an opinion on the City’s effectiveness of internal control. Internal control over compliance with requirements that could have a direct and material effect on a major federal and state program in order to determine our auditing procedures for the purpose of expressing an opinion on compliance and to test and report on internal control over compliance in accordance with the Uniform Guidance and the State Audit Guide. We will communicate to you any significant changes to the planned audit strategy, or to the significant risks initially identified, that may occur during the audit due to the results of audit procedures or in response to external factors, such as changes in the economic environment. 11 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Areas of Significant Risk Our areas of significant risk, which are risks with both a higher likelihood of occurrence and a higher magnitude of effect that require special audit considerations, are as follows. Revenue Recognition – Grants - A presumed risk revenue will be overstated to improve the bottom line and inflate fund balance. Management Override of Controls – Management can override controls. This risk is presumed for all audit clients. IT Super User Access Rights / Segregation of Duties – Superusers within the accounting system creates risks related to segregation of duties. 12 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . We plan to use the work of persons not employed by BDO USA, P.C. in the 2025 audit. The table below represents the names, locations, and planned responsibilities. Planned Use of Persons Not Employed by BDO USA, P.C. Name Location Planned responsibilities BDO RISE Private Limited (BDO RISE India)Bengalura, India; Hyderabad India •Perform roll-forward procedures and paraprofessional level tasks Planned Use of Persons Not Employed by BDO USA, P.C. The use of persons not employed by BDO USA, P.C. outside the core engagement team, are under the direct supervision of the core engagement team and engagement partner in accordance with applicable auditing standards. BDO RISE Private Limited (BDO RISE India) is a subsidiary of BDO USA, P.C. 13 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Inquiries of Those Charged with Governance 14 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Obtaining Information from Those Charged with Governance We perform inquiries related to fraud and other matters to help inform our audit strategy and execution of our audit procedures with the Mayor. As part of the upcoming meeting with the Mayor, we would like to discuss the following topics with the Mayor to understand any matters of which you believe we should be aware, including, but not limited to: Your views about the risk of material misstatements due to fraud, including the risk of management override of controls. How you exercise oversight over the City’s assessment of fraud risks and the establishment of controls to address these risks. Your awareness of any actual, alleged or suspected fraud or illegal acts affecting the City. Your awareness of tips or complaints regarding the City’s financial reporting and your response to such tips and complaints. Your awareness of other matters relevant to the audit including, but not limited to, violations or possible violations of laws or regulations. Your awareness of noncompliance with laws and regulations to include consideration of noncompliance with provisions of contracts and grant agreements. Your awareness of any investigations or legal proceedings that have been initiated or are in process with respect to the period under audit. Your awareness of any significant communications between the City and regulators. Your understanding of the City’s relationships and transactions with related parties that are significant to the City. Any business relationships between a BDO firm and the City or its affiliates. Whether the City has entered into any significant unusual transactions. Your awareness of any other information that is important to the identification and assessment of risks of material misstatement. 15 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . The BDOAdvantage 16 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . The BDOADVANTAGE At BDO, we are continuously evaluating and improving our methodologies, technologies, and applications to evolve our approach to the audit process. Our approach to audit technology enriches the experience for our clients, provides better risk assessment and deeper understanding of your business, and contributes to high-quality audits for capital markets. AUDIT QUALITY Working On What Matters Our automations enable our people to focus on more strategic work. The use of cutting-edge data analytics in our risk-based audit approach enables our auditors to target risks and testing to the critical areas of the audit. Clarity and Collaboration Our project management tools, and global portal, help prevent surprises and provide a snapshot of audit progress. Our teams have access to dedicated user enablement support to provide a smooth client experience. People and Process Optimization Our engagement level automations, continuous process evaluation, and ongoing improvements help us optimize the workflow and process of the audit. This drives consistency in the execution of the audit. SEAMLESS AUDIT GREATER PRECISIONFOCUSED INSIGHT 17 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . The BDOADVANTAGE The BDOADVANTAGE, our digital suite of tools, equips our auditors to perform more effective and robust audits. These tools include communications and project management tools to ensure there are no surprises; automations to help our teams focus on risks; and data analytics that allow our auditors to dive deeper into their risk analysis through use of data visualization, correlation, and comparison. The BDOADVANTAGE empowers our audit teams to create more industry-focused client insights with greater precision. Below are two examples of the BDOADVANTAGE technology suite: BDO DASHBOARDS Provides reporting at our fingertips allowing us to proactively identify, resolve, and escalate any potential issues quickly. Engagement partner and manager can view real-time the status of the engagement and course-correct as needed, eliminating surprises. BDO GLOBAL PORTAL Provides you with access to all relevant requests and the data and documents. Houses contact details of your BDO engagement team, timelines, schedules, and communication records. Visually depicts the status and progression of the audit in one screen. 18 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . The BDOADVANTAGE The BDOADVANTAGE, our digital suite of tools, equips our auditors to perform more effective and robust audits. These tools include communications and project management tools to ensure there are no surprises; automations to help our teams focus on risks; and data analytics that allow our auditors to dive deeper into their risk analysis through use of data visualization, correlation, and comparison. The BDOADVANTAGE empowers our audit teams to create more industry-focused client insights with greater precision. Below are two examples of the BDOADVANTAGE technology suite: DOCUMENT AUTOMATION Automation software that streamlines the production of base management representation letters, and audit reports. Reduces administrative burden so your engagement team spends less time formatting and more time developing tailored deliverables that accurately reflect and report on your audit with BDO. DOCUSIGN An e-signature tool enables us to manage electronic agreements and integrations with audit reports. Allows for standardization of our contracting process and execution of our audit representation letters. Creates a consistent and reliable process by which necessary documentation is electronically executed, tracked, and stored and to create signing authority control. 19 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Government Accounting Standards Update 20 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Government Accounting Standards Update Included is a listing of relevant recent government accounting pronouncements with mandatory effective dates. Any standards issued after the date of this communication are unlikely to impact the next annual period’s financial statements but should be considered in accordance with GASB Statement No. 100, Accounting Changes and Error Corrections. Early adoption is generally permitted for all the accounting standards summarized herein, but each standard has specific transition guidance and early adoption may have been limited to certain periods or circumstances. Government Accounting Standards Update Effective Date GASB Statement No. 101, Compensated Absences BDO Insight Fiscal years beginning after December 15, 2023 GASB Statement No. 102, Certain Risk Disclosures Fiscal years beginning after June 15, 2024 GASB Statement No. 103, Financial Reporting Model Improvements Fiscal years beginning after June 15, 2025. If a primary government chooses early implementation of this Statement, all component units also should implement this Statement in the same year. GASB Statement No. 104, Disclosure of Certain Capital Assets Fiscal years beginning after June 15, 2025 Access GASB - Current Projects What’s on the horizon for government accounting standards? 21 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Other Topics 22 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . Navigating Fiscal Uncertainty: Risk Management Strategies for State and Local Governments Part I: Budgetary Risk Management and Financial Planning in Uncertain Times This article, the first in our three-part series, explores budgetary risk management in uncertain times, offering a framework to assess risks, strengthen forecasting practices, and implement real-time monitoring systems. We provide practical insights and examples to help finance leaders balance fiscal discipline with flexibility, ensuring their organizations remain resilient through economic and political turbulence. Part II: Revenue Risk Assessments – Diversification, Forecasting, and Cash Flow Strategies Explore the importance of revenue risk management for public sector organizations. Discover how to identify revenue streams, forecast accurately, and mitigate risks in Part II of our series. Part III: Ensuring Compliance and Financial Integrity – Preventing Improper Payments and Managing Regulatory Risk In the final installment of our 3-Part series, we turn to compliance – a cornerstone of state and local government accountability. Learn more about conducting compliance risk assessments, preventing improper payments, and establishing robust internal controls to manage regulatory risk. 23 CITY OF KENAI 2025 AUDIT PLAN / BDO USA, PC. . BDO’s System of Quality Management An audit firm’s effective system of quality management (“SoQM”) is crucial for supporting the consistent performance of high-quality audits and reviews of financial statements, or other assurance or related services engagements under professional standards, and applicable legal and regulatory requirements. Accordingly, BDO has implemented a SoQM designed to provide reasonable assurance that its professionals fulfill their responsibilities and conduct engagements in accordance with those standards and requirements. The firm’s SoQM supports the consistent performance of quality audits through many ongoing activities including, at least annually, certification by leaders with responsibility for key controls and related processes. Our Assurance Quality Management team performs regular reviews and testing of key controls and processes throughout the SoQM and identifies and communicates areas for improvement. In addition, our Audit Quality Advisory Council supports our SoQM by providing guidance and input on audit quality initiatives. As required by International Standard on Quality Management 1 (ISQM 1) under the International Auditing and Assurance Standards Board (IAASB), BDO has conducted an evaluation of the effectiveness of its system of quality management and concluded, as of July 31, 2024, that, except for certain deficiencies related to the execution of its issuer audits, that system provides the reasonable assurance that our professionals will perform audits and reviews of financial statements or related assurance services engagements in accordance with professional standards, and applicable legal and regulatory requirements. BDO has either implemented or is designing remedial actions to address those deficiencies prior to our next evaluation. We will continue to provide you with updates on our progress. Currently, you may find discussion of BDO’s system of quality management within our annual Audit Quality Reports, the most recent of which is accessible here. CLICK HERE TO ACCESS IAASB ISQM-1 IN ITS ENTIRETY > About BDO USA Our purpose is helping people thrive, every day. Together, we are focused on delivering exceptional and sustainable outcomes and value for our people, our clients, and our communities. BDO is proud to be an ESOP company, reflecting a culture that puts people first. BDO professionals provide assurance, tax, and advisory services for a diverse range of clients across the U.S. and in over 160 countries through our global organization. BDO is the brand name for the BDO network and for each of the BDO Member Firms. BDO USA, P.C., a Virginia professional corporation, is the U.S. member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. For more information, please visit: www.bdo.com. Material discussed is meant to provide general information and should not be acted on without professional advice tailored to your needs. © 2025 BDO USA, P.C. All rights reserved.