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HomeMy WebLinkAbout2018-09-19 Council Packet KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 19, 2018 - 6:00 PM KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A.CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL CONSENT AGENDA (Public comment 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 PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) B.1.Dave Mitchell, Conservation Director, Great Land Trust – Overview of the Exxon Valdez Oil Spill Trustee Council and their Projects on the Kenai River. C.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D.PUBLIC HEARINGS D.1.Ordinance No. 3039-2018 - Amending Kenai Municipal Code Sections 14.20.151-Application for Conditional Use Permit for Surface Extraction of Natural Resources, and 14.20.154-Issuance of Permit for Surface Extraction of Natural Resources, to Prohibit Surface Extraction of Natural Resources within the 100 Year and 500 Year Floodplains and Require Appropriate Professional Assistance with Site Plan Submittals. (Administration) Ordinance No. 3039-2018.pdf Ordinance No. 3039-2018 - Supplemental Memo.pdf D.2.Ordinance No. 3040-2018 - Amending Kenai Municipal Code Section 3.10.060 - Cruelty to Animals, to Require Owners Provide Adequate Care to Their Pets and Provide Clear Exceptions for Government Agencies and Others to Euthanize Animals and Remove Problem Animals When Necessary to Preserve Public Health Safety and Infrastructure. (Mayor Gabriel) Ordinance No. 3040-2018.pdf D.3.Resolution No. 2018-50 – Declaring a Five-Foot Section Within Tract F, Leo T. Oberts Subdivision, a Replat of Oberts Tract A and Tract 1 of Highlands Subdivision Not Needed for a Public Purpose and Conveying a Right-of-Way Easement of the Same Description to the 1 Kenai City Council Meeting Page 2 September 19, 2018 State of Alaska. (Administration) Resolution No. 2018-50.pdf D.4.Resolution No. 2018-51 – Authorizing the Use of the Equipment Replacement Fund to Purchase Replacement Equipment for the City’s Data Center and Awarding a Contract for the Purchase of Network Servers to the Lowest Responsive Bidder. (Administration) Resolution No. 2018-51.pdf D.5.Resolution No. 2018-52 – Supporting and Authorizing the Use of a Portion of Daubenspeck Family Park for the Construction and Presence of a Kenai Dog Park. (Administration) Resolution No. 2018-52.pdf E.MINUTES E.1.*Regular Meeting of September 5, 2018 09-05-18 Council Minutes - DRAFT.pdf F.UNFINISHED BUSINESS G.NEW BUSINESS G.1.*Action/Approval – Bills to be Ratified. Payments over $15,000.pdf G.2.Action/Approval – Purchase Orders Over $15,000 Purchase Orders over $15,000.pdf G.3.*Action/Approval – Appointing Precinct Election Boards for the October 2, 2018 Election. (City Clerk) Precinct Election Board Approval.pdf G.4.Action/Approval – Authorizing the City Manager to Sign a Letter of Support for the Great Land Trust to Purchase two Properties from Private Landowners on the Kenai River as an Exxon Valdez Oil Spill Trustee Council Habitat Fund Project. (Administration) Letter of Support - EVOS Projects.pdf H.COMMISSION/COMMITTEE REPORTS H.1.Council on Aging H.2.Airport Commission H.3.Harbor Commission •Sub-Committee Update H.4.Parks and Recreation Commission H.5.Planning and Zoning Commission 2 Kenai City Council Meeting Page 3 September 19, 2018 H.6.Beautification Committee H.7.Mini-Grant Steering Committee I.REPORT OF THE MAYOR J.ADMINISTRATION REPORTS J.1.City Manager City Manager's Report.pdf Mid-Month Departmental Reports.pdf J.2.City Attorney J.3.City Clerk K.ADDITIONAL PUBLIC COMMENT K.1.Citizens Comments (Public comment limited to five (5) minutes per speaker) K.2.Council Comments L.EXECUTIVE SESSION M.PENDING ITEMS M.1.Action/Approval – Field of Flowers Signage (Council Member Knackstedt) [Clerk’s Note: This item was referred to the Beautification Committee and then the Airport Commission.] INFORMATION ITEMS Purchase Orders between $2,500 and $15,000 for Council Review Purchase Orders between $2,500 -$15,000.pdf Cook Inlet Regional Citizen’s Advisory Council Report CIRCAC Report.pdf Coordinated Entry System Invitation Coordinated Entry Invitation.pdf N.ADJOURNMENT 3 Kenai City Council Meeting Page 4 September 19, 2018 The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. 4 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3039-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTIONS 14.20.151-APPLICATION FOR CONDITIONAL USE PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES, AND 14.20.154-ISSUANCE OF PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES, TO PROHIBIT SURFACE EXTRACTION OF NATURAL RESOURCES WITHIN THE 100 YEAR AND 500 YEAR FLOODPLAINS AND REQUIRE APPROPRIATE PROFESSIONAL ASSISTANCE WITH SITE PLAN SUBMITTALS. WHEREAS, the Planning and Zoning Commission recommends increasing standards for surface extraction permits to ensure quality applications in desirable locations; and, WHEREAS, quality site plans are necessary to evaluate an application for surface extraction of natural resources; and, WHEREAS, appropriate professional assistance with site plan submittal is intended to ensure the City receives sufficient information to review the conditional use permit; and, WHEREAS, the 2016 City of Kenai Comprehensive Plan states objectives to protect the Kenai River and dunes; and, WHEREAS, all currently permitted gravel pits are outside of the current effective 100 and 500 floodplain for the City of Kenai, and the Planning and Zoning Commission recommends new applications for surface extraction of natural resources continue to be located outside of the floodplain; and, WHEREAS, prohibiting surface extraction of natural resources within the 100 and 500 year floodplain provides adequate protection of the river; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 14.20.151 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.151-Application for Conditional Use Permit for Surface Extraction of Natural Resources, are hereby amended as follows: A. 14.20.151 Application for Conditional Use Permit for Surface Extraction of Natural Resources. An application for a Conditional Use Permit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the City Planner, along with the appropriate fee as set forth in the City’s schedule of fees adopted by the City Council. All applications shall be accompanied by the following documents and information: 5 Ordinance No. 3039-2018 Page 2 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (a) A site plan, drawn to scale and prepared by the appropriate professional discipline registered or licensed as such by the State of Alaska under Alaska Statute Title 8, containing the following: (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than ten-foot (10') contour intervals; (3) Proposed finished topographical contours (when extraction is completed) with not less than ten-foot (10') contour intervals; (4) Existing and proposed buildings and structures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit; (6) Indication of the existing landscape features, including cleared areas, wooded areas, streams, lakes, marsh areas, and so forth; (7) Verification that the proposed surface extraction is outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as indicated by the most current locally- approved Federal Emergency Management Agency Flood Insurance Rate (FEMA FIRM) map panels. ([7]8) Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information: (1) Soil surveys with reference to the average year-round water table throughout the entire acreage. Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; (4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to prevent casual access; (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; (7) Plans, if any, to construct artificial screening; 6 Ordinance No. 3039-2018 Page 3 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regrading and shaping the land for future use; (10) Method of backfilling and/or replacing topsoil; (11) Proposed future use of the land after resources are extracted, including a proposed development plan showing location of houses, parks, lakes, etc.; (12) Other information which may pertain to the particular site. (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies. (d) Proof that the applicant is the owner of the subject property. Section 2. Amendment of Section 14.20.154 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.154-Issuance of Permit for Surface Extraction of Natural Resources, are hereby amended as follows: (a) On the basis of the application with accompanying information, any supplemental information filed, and such information as may be presented at the public hearing provided for in this chapter, the Commission shall make a determination as to whether each of the following requirements has been met: (1) The application is in substantial compliance with the requirements of this chapter; (2) The boundaries of the proposed excavation at its greatest dimensions, including back slopes, are at least two hundred feet (200') from any road or public right-of-way and at least one hundred fifty feet (150') from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites are not required to maintain the above one hundred fifty feet (150') excavation between sites; (3) The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas. If there is not sufficient natural screening, the site plan must provide for artificial screening; (4) The surface extraction is outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as indicated by the most current locally-approved Federal Emergency Management Agency Flood Insurance Rate (FEMA FIRM) map panels. ([4]5) The site plan provides that back slopes be a minimum of a 2:1 slope, except for the contiguous working face; ([5]6) The site plan does not provide for excavation below the water table except where a reasonable method of drainage is available at the particular site or where the proposed future development plan provides for a lake on the site of the excavation; 7 Ordinance No. 3039-2018 Page 4 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ([6]7) If the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area; ([7]8) The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the property is located; ([8]9) The extraction does not destroy the land for the purposes for which it is zoned; ([9]10) The need for the particular natural resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners; ([10]11) The applicant is the owner of the subject property; ([11]12) Clearing limits shall be delineated on the site plan as well as clearly visible onsite and shall be inspected by the City Planner or designee prior to the application being deemed complete. (b) If the Commission determines that all requirements have been met, the Commission shall direct the City Planner to issue a Conditional Use Permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of this chapter, and shall so state. (c) The permit may be expressly conditioned by the Commission upon the erection of artificial screening. If the permit is so conditioned, the Commission shall specify the type of screening to be erected. Such screening shall obscure the entire extraction operation from view from any public roadway or inhabited area and shall be compatible with the general character of the neighborhood. No extraction of resources can take place until the artificial screening provided for has been erected and approved by the Commission. (d) Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of this chapter. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of September, 2018. BRIAN GABRIEL SR., MAYOR 8 Ordinance No. 3039-2018 Page 5 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: September 5, 2018 Enacted: September 19, 2018 Effective: October 19, 2018 9 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: August 30, 2018 SUBJECT: Ordinance No. 3039-2018 ____________________________________________________________________________ Ordinance 3039-2018 recommends two changes to City Code for surface extraction of natural resource permits: • Requirement for the site plan to be certified or prepared by an appropriate professional discipline; • Requirement for the proposed surface extraction to be located outside of the currently designated 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas. These changes reflect Resolution No. PZ2018-19 passed by the Planning and Zoning Commission at their August 22, 2018 meeting, attached to this memorandum. The added requirement for a site plan ensures developers carefully map and measure the location of their extraction and related activities. The requirement states the site plan must be certified or prepared by an appropriate professional, which leaves flexibility for developers. No currently permitted gravel pits are located within the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as defined by the most current floodplain maps developed by the locally-approved (by the Kenai Peninsula Borough) Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) panels. These panels are currently from 1981 and 2016 elevation data. Updated FIRM panels could reflect improved elevation evaluation technology, but the definition of a floodplain should not change. Updated federal maps have to be locally approved to be accepted. Currently, the Kenai Peninsula Borough approves floodplain maps because the City of Kenai does not have a separate floodplain ordinance or participate in the National Flood Insurance Program (NFIP). Attached are the most currently available floodplain maps and maps showing locations of 10 Page 2 of 2 Ordinance No. 3039-2018 all currently permitted gravel pits within the City of Kenai to this memorandum. Developers would check with the City of Kenai to make sure they are outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), and high-hazard coastal areas, and the maps would be made available on the City website to the public. The City made it a priority to protect the Kenai River and dunes in the 2016 Comprehensive Plan. This Code change will streamline the evaluation process for the City and encourage any new gravel pits to be developed in desirable locations outside of the floodplain. Your consideration is appreciated. 11 BEAVER LOOP RDBRIDGE ACCESS RDM ST AMES RDANGLER DRHOLLIER STCONE AVE BARABARA DRMap 1: Permitted Gravel Pits in the City of Kenai 1,300 '.Generated:7/30/2018 Big Mike'sConstruction Peninsula Commercial Ventures Twin RiverResources M. P. Properties A A Dan'sConstruction D. Yragui Angler EnterprisesEstate ofMavis Cone;leased to Meek'sin the past 12 Map 2: The Floodplain in the City of Kenai 3,900 ' Generated:7/30/2018 Legend 500 Year Flood Boundary Undertermined Flood Risk 100 Year Flood Boundary Coastal High Hazard Areas;Waves over 3 feet in 100 Year Flood . 13 BEAVER LOOP RDBRIDGE ACCESS RDM ST AMES RDANGLER DRHOLLIER STCONE AVE BARABARA DRMap 3: Permitted Gravel Pits and the Floodplain 1,300 ' Generated:7/30/2018 Big Mike'sConstruction Peninsula Commercial Ventures Twin RiverResources M. P. Properties A A Dan'sConstruction D. Yragui Angler EnterprisesEstate ofMavis Cone;leased to Meek'sin the past Legend 500 Year Flood Boundary Area not officially mapped by FEMA 100 Year Flood Boundary Permitted Gravel Pits Coastal High Hazard Areas;Waves over 3 feet in 100 Year Flood . 14 CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION PZ2018-19 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, TO AMEND KENAI MUNICIPAL CODE SECTIONS 14.2 0 .151-APPLICATION FOR CONDITIONAL USE PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES AND 14.20 .154-ISSUANCE OF PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES . WHEREAS , the Planning and Zoning Commission recommends increasing standards for surface extraction permits to ensure quality applications in desirable locations ; WHEREAS, quality site plans are necessary to evaluate an application for surface extraction of natural resources ; WHEREAS, the 2016 City of Kenai Comprehensive Plan states objectives to protect the Kenai River and dunes; WHEREAS , a ll permitted gravel pits are outside of th e current effective Flood In su rance Rate Map panels for the City of Kenai , and th e Planning and Zoning Commission recommends new app li cat ion s for gravel pits continue to be located outside of the floodplain ; NOW, THEREFORE , BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT Section 1. That a n Ordinance be enacted to amend Kenai Municipal Code sections 14.20 .151 as follows : A . 14.20.151 Application for Conditional Use Permit for Surface Extraction of Natural Resources. An application for a Co nditional Use Permit to engage in the surface extraction of natural resources s hall be in writing on a form supplied by the City of Kenai and shall be filed with the City Planner, along with the appropriate fee as set forth in the City 's schedule of fees adopted by the City Council. All applications sha ll be accompan ied by the following docu ments and information : (a) A site plan , drawn to scale and certified by the appropriate profes s ional di sc ipline, such as a professional engineer. hydrologist. or registered land surveyor, containing the following : (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than te n-foot ( 1 O') contour intervals ; 15 Resolution No . 2018-19 Page 2 of 5 (3) Proposed finished topographical contours (when extraction is completed) with not less than ten-foot ( 1 O') contour intervals ; (4) Existing and proposed buildings and structures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation , especially the haul road from the public road to the proposed site of the pit; (6) Indication of the existing landscape features, including cleared areas , wooded areas, streams, lakes, marsh areas, and so forth; (7) Verification that the proposed surface extraction is outside of the 1 % Annual Chance Flood Zone (100-yearfloodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as indicated Append ix 1; (8) Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information : (1) Soil surveys with reference to the average year-round water table throughout the entire acreage. Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; ( 4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to pre vent casual access ; (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; (7) Plans , if any, to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regrading and shaping the land for future use ; (10) Method of backfilling and/or replacing topsoil ; (11) Proposed future use of the land after resources are extracted , including a proposed development plan showing location of houses, parks , lakes, etc.; (12) Other information which may pertain to the particular site. 16 Resolution No. 2018-19 Page 3 of 5 (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies . (d) Proof that the applicant is the owner of the subject property. B . 14.20.154 Issuance of Permit for Surface Extraction of Natural Resources. (a) On the basis of the application with accompanying information, any supplemental information filed, and such information as may be presented at the public hearing provided for in this chapter, the Commission shall make a determination as to whether each of the following requirements has been met: (1) The application is in substantial compliance with the requirements of this chapter; (2) The boundaries of the proposed excavation at its greatest dimensions, including back slopes, are at least two hundred feet (200') from any road or public right-of-way and at least one hundred fifty feet (150') from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites are not required to maintain the above one hundred fifty feet (150') excavation between sites; (3) The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas. If there is not sufficient natural screening, the site plan must provide for artificial screening ; ( 4) The surface extraction is outside of the 1 % Annual Chance Flood Zone ( 100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as indicated Appendix 1. ([4]§) The site plan provides that back slopes be a minimum of a 2:1 slope , except for the contiguous working face; ([5]§.) The site plan does not provide for excavation below the water table except where a reasonable method of drainage is available at the particular site or where the proposed future development plan provides for a lake on the site of the excavation; ([6]1) If the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area; ([7].§) The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the property is located; ([8m) The extraction does not destroy the land for the purposes for which it is zoned; ([9]10) The need for the particular natural resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners; ([10]11) The applicant is the owner of the subject property; 17 Resolution No . 2018-19 Page 4 of 5 ([11).12.) Clearing limits shall be delineated on the site plan as well as clea rly visible onsite and shall be inspected by the City Planner or designee prior to the application being deemed complete. (b) If the Commission determines that all requirements have bee n met, the Commiss ion shall direct the City Planner to issue a Conditional Use Permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of this chapter, and shall so state. (c) The permit may be expressly conditioned by the Commission upon the erection of artificial screening . If the permit is so conditioned, the Commission shall specify the type of screening to be erected. Such screening shall obscure the entire extraction operation from view from any public roadway or inhabited area and shall be compatible with the general character of the neighborhood . No extraction of resources can take place until the artificial screening provided for has been erected and approved by the Commission. ( d) Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of this chapter. C. Appendix 1 D 1% Annual Chance Flood Zone (100 Year Floodplain) 0.2% Annual Chance Flood Zone (500 Year Flood plain) 18 Resolution No. 2018-19 Page 5 of 5 Section 2. That a copy of this Resolution be forwarded to the City Council of Kenai upon passage. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 22"' day of August, 2018. ~ IT , CHAIRPERSON ATTEST: 19 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: September 12, 2018 SUBJECT: Ordinance No. 3039-2018 Additional Information ____________________________________________________________________________ This memorandum adds additional clarification on the maps proposed to be used in Ordinance No. 3039-2018. No permitted gravel pits are located within the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as defined by the most current floodplain maps developed by the locally-approved (by the Kenai Peninsula Borough) Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) panels. These panels are currently from 1981 (effective 5/19/1981) and 2016 (effective 10/20/16) elevation data. The City Planner would evaluate the requirement of surface extraction applications to be located outside of the 1% Annual Chance Flood Zone (100- year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), and high-hazard coastal areas when conducting the completeness review. Specific panel numbers downloaded from FEMA’s website and accepted/interpreted by the Kenai Peninsula Borough that depict the floodplain within the City of Kenai are the following: Panel Number 02122CIND1B, Effective Date 10/20/16 Panel Number 02122CIND2B, Effective Date 10/20/16 Panel Number 02122CIND3B, Effective Date 10/20/16 Panel Number 02122CIND4B, Effective Date 10/20/16 Panel Number 0200122030B, Effective Date 10/20/16 Panel Number 0200122035A, Effective Date 05/19/81 Panel Number 0200122040B, Effective Date 10/20/16 Panel Number 02122C0105E, Effective Date 10/20/16 Panel Number 02122C0110E, Effective Date 10/20/16 Panel Number 02122C0120E, Effective Date 10/20/16 Panel Number 02122C0140E, Effective Date 10/20/16 20 Page 2 of 2 Ordinance No. 3039-2018 Improved elevation evaluation technology or changes in the land due to erosion or other forces could be used to update the FIRM panels. Updates to these maps do not occur very often, and the only FIRM panels in Kenai are from 1981 and 2016. Updated FIRM panels may slightly change the boundaries of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas. The floodplain is defined by elevation, and it is not something that could be changed arbitrarily. For instance, various federal administrations could not vote or mandate changes to floodplain boundaries because they are determined by elevation. The elevation determines the percent annual chance of flooding. New federal maps must be locally-approved before the update is accepted. The Kenai Peninsula Borough is the local entity that approves FEMA floodplain maps for the City of Kenai and for the City of Soldotna. The City of Kenai would work with the Borough if new FEMA floodplain maps were made available before they would be accepted for use. In addition, I recommend the City Council amend the wording of the listed flood zones to use the word “and” instead of “or”. This would ensure it is inclusive of the three listed categories for no new surface extraction permits to be accepted within those zones. (Please note the bold underlined language is new and the bold language in brackets is to be deleted.) The amendment is as follows: the proposed surface extraction is outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), [OR]and high-hazard coastal areas. Thank you for your consideration. 21 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Mayor Brian Gabriel CITY OF KENAI ORDINANCE NO. 3040-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 3.10.060 - CRUELTY TO ANIMALS, TO REQUIRE OWNERS PROVIDE ADEQUATE CARE TO THEIR PETS AND PROVIDE CLEAR EXCEPTIONS FOR GOVERNMENT AGENCIES AND OTHERS TO EUTHANIZE ANIMALS AND REMOVE PROBLEM ANIMALS WHEN NECESSARY TO PRESERVE PUBLIC HEALTH SAFETY AND INFRASTRUCTURE. WHEREAS, Kenai Municipal Code Section 3.10.060-Cruelty to Animals, generally prohibits cruelty to animals and requires certain standards of care for animals; and, WHEREAS, Kenai Municipal Code 3.05.010- Definitions, defines “animal” as all domestic or domesticated members of the Kingdom Animalia; and WHEREAS, in addition to the existing standards of care, the Kenai Animal Shelter recommends those responsible for animals be required to provide clean water, protection from weather and adequate veterinary care to prevent physical suffering; and, WHEREAS, while killing and trapping animals is generally prohibited in the City, it is important to clarify that humanely killing or euthanizing sick or wounded animals is necessary and allowable as well as trapping or otherwise removing certain animals, domestic or wild, that present a threat to human safety or physical infrastructure; and, WHEREAS, it is also in the best interest of the City to recognize exceptions for the harvest of livestock and the defense of life and property as exceptions to the general prohibition of killing animals in the City; and, WHEREAS, other minor housekeeping amendments are needed to improve the readability and clarity of this code section. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 3.10.060 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.10.060 - Cruelty to animals, is hereby amended as follows: 3.10.060 - Cruelty to [A] Animals Except as provided below: (a) No person may: (1) Intentionally kill an animal; (2) Intentionally injure, torment, poison, provoke, or otherwise abuse an animal; 22 Ordinance No. 3040-2018 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (3) Maintain an animal without providing food, clean water, and shelter adequate to provide protection from the weather and preserve the animal’s health, and care; (4) [OR] Abandon an animal where it will not be provided proper food, water, shelter, and care; (5) Fail to provide veterinary care, to prevent physical suffering. (6)[(4)] Maintain an animal showing symptoms of infectious or contagious disease without keeping the animal confined in a building or secure enclosure and under proper care. (B) [ SUBSECTION (A) OF THIS SECTION DOES NOT APPLY TO: (1) IMPOUNDING, DESTRUCTION, OR OTHER DISPOSITION OF AN ANIMAL IN A HUMANE MANNER AS AUTHORIZED BY LAW; (2) KILLING OR INJURING AN ANIMAL WHERE NECESSARY TO PROTECT A HUMAN BEING OR DOMESTICATED ANIMAL FROM DEATH OR BODILY INJURY; (3) THE HUMANE DESTRUCTION OF AN ANIMAL BY ITS OWNER OR THE OWNER’S AUTHORIZED AGENT.] ([C]b) Animal fighting: (1) No person may cause an animal to fight another animal or human being, whether for amusement [OF HIMSELF OR OTHERS], sport or for financial gain; or (2) Train, or keep for the purpose of training, an animal for exhibition in combat with an animal or human being, (3) No person may permit his premises to be used for the purposes described in paragraph ([C]b)(1) of this subsection, or be present as a spectator at an exhibition described in paragraph ([C]b)(1) of this subsection. ([D]c) Accident involving injury to animal: (1) The driver of a vehicle involved in an accident resulting in injury to an animal shall stop the vehicle as close to the scene of the accident as possible and forthwith inform the owner of the animal of the injury if the animal’s ownership is readily ascertainable, or inform the Animal Control Office of the injury if the animal’s ownership is not readily ascertainable. (2) A driver shall inform the appropriate person under paragraph ([D]c)(1) of this subsection of the time and location of the accident, a description of the injured animal, and the apparent nature of the injury. ([E]d) Animal trapping: (1) No person may use a trap or snare within the City limits that can kill or mangle an animal. ([F]e) Animal harassment: (1) No person may allow any animal which [HE] they own[S] to molest or harass wild or domesticated animals. (f) Exceptions: Notwithstanding any other provision in this section: (1) A government agency, or its agent or contractor, may trap, humanely kill, or otherwise remove any animal, including wild animals, that present a threat to public health, safety or public or private infrastructure. This does not authorize the killing of any animals that may be protected by state or federal law, unless applicable federal, state and local permits are obtained as necessary. 23 Ordinance No. 3040-2018 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (2) An owner of an animal, a veterinary clinic, animal shelter, or government employee may humanely euthanize or otherwise humanely destroy an animal that is suffering and too seriously ill or injured to recover, behaviorally poses a threat to itself or others, requires cost prohibitive treatments, or other circumstances a reasonable person would deem appropriate in the same situation. a. Euthanasia performed by an Animal Control Officer of the Kenai Animal Shelter must be done in compliance with current City of Kenai Animal Control Euthanasia Policy. b. No Animal Control Officer or agent shall be held criminally or civilly liable for any action taken in the enforcement of this Code provided the officer acts lawfully, in good faith and without malice. (3) The owner of livestock may humanely harvest their livestock. (4) A person may kill an animal in defense of life or property. Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of September, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: September 5, 2018 Enacted: September 19, 2018 Effective: October 19, 2018 24 MEMORANDUM TO: Kenai City Council FROM: Mayor Brian Gabriel DATE: August 22, 2018 SUBJECT: Ordinance No. 3040-2018 ____________________________________________________________________________ My initial interest in this Ordinance was to provide an exception from the general prohibition on trapping animals in the City to allow for trapping or killing problem animals. While KMC 3.05.010 defines “animals” for purposes of Title 3-Animal Control, as domestic animals and my primary concerns is with wild animals, such as beavers, KMC 3.10.060- Cruelty to Animals, currently prohibits all trapping in the City. Occasionally, beaver activity alters the course of waterways jeopardizing roads, culverts, airport property and other infrastructure. Often the only prudent course of action is to remove these animals either by trapping or hunting. The trapping is done by experienced professionals in a manner that reduces reasonable risk to pets with notification and permission from the Department of Fish and Game. Review of my proposed changes by the Legal Department and Animal Control, resulted in further recommended amendments regarding animal care and euthanasia. These changes include an exception from the prohibition on killing animals for the harvest of livestock and protecting oneself and their property from animals. Further, the proposed amendments detail when it is appropriate to humanely end the life of an animal that is injured, ill or otherwise suffering and the process for City employees to do so. Finally there are recommended changes adding to the existing care requirements for animal owners requiring clean water, protection from weather, and appropriate veterinary care be provided to animals. Your consideration is appreciated. 25 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018 - 50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING A FIVE- FOOT SECTION WITHIN TRACT F, LEO T. OBERTS SUBDIVISION, A REPLAT OF OBERTS TRACT A AND TRACT 1 OF HIGHLANDS SUBDIVISION NOT NEEDED FOR A PUBLIC PURPOSE AND CONVEYING A RIGHT-OF-WAY EASEMENT OF THE SAME DESCRIPTION TO THE STATE OF ALASKA. WHEREAS, Tract F, Leo T. Oberts Subdivision was conveyed to the City of Kenai by James A. Elson and Jo Ann Elson, on June 3, 2005, under document number 2005-006143-0 and Kenai City Council Resolution 2005-21 with the condition to use the property for recreational purposes; and, WHEREAS, the State of Alaska, Department of Transportation & Public Facilities, has requested from the City of Kenai the conveyance of the approximately five (5)-foot by 317.2-foot easement, described as parcel E-14 and shown on the attached Exhibit A, to provide for utilities and widen the Kenai Spur Highway to five lanes between the Sports Lake Road and Swires Road intersections in order to increase traffic capacity and improve public safety; and, WHEREAS, the State of Alaska, Department of Transportation & Public Facilities, proposes to remit the sum of Seven Hundred Seventy-Five Dollars ($775.00) to the City of Kenai for the acquisition of the subject right-of-way; and, WHEREAS, the Kenai City Council may convey and state the subject right-of -way is not needed for a public purpose via resolution, pursuant to Kenai Municipal Code Section 22.05.110(b) – Determination as to Need for Public Use; and, WHEREAS, the conveyance of the subject right-of -way to the State of Alaska, Department of Transportation & Public Facilities, will not impair the potential for the parcel to be used for recreational purposes or other foreseeable development by the City of Kenai. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the portion of Tract F, Leo T. Oberts Subdivision, E-14, as set forth on the attached Exhibit “A” is not be needed for a public purpose by the City of Kenai. Section 2. That the Kenai City Council hereby authorizes the City Manager to execute any documentation required to complete the conveyance of the subject right-of-way for the sum of $775 to the State of Alaska, Department of Transportation & Public Facilities, to provide for utilities and widen the Kenai Spur Highway to five lanes between the Sports Lake Road and Swires Road intersections. Section 3. That the conditions outlined in City Council Resolution 2018-50 and document number 2005-006143-0 to use the parcel for recreational purposes remain 26 Resolution No. 2018-50 Page 2 of 2 unchanged and the State of Alaska ensures the bench on the parcel is not affected by the conveyance of the subject right-of-way. Section 3. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of September, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 27 28 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: September 10, 2018 SUBJECT: Resolution No. 2018-50 ____________________________________________________________________________ Resolution 2018-50 would affect the following five (5)-foot wide by 317.2-foot long right-of-way within Tract F, Leo T. Oberts Subdivision, A Replat of Oberts Tract A and Tract 1 of Highlands Subdivision, described as Parcel E-14 and shown on the attached maps. Resolution 2018-50 would declare the approximately 1,717 square foot right-of-way not needed for a public purpose and convey the easement to the State of Alaska, Department of Transportation & Public Facilities. The State of Alaska will use the subject land to provide for utilities and widen the Kenai Spur Highway between the Sports Lake Road and Swires Road intersections to five lanes in order to increase traffic capacity and improve public safety. For the permanent acquisition of the five-foot wide right-of-way, the State of Alaska proposed to compensate the City of Kenai the sum of $775. The City of Kenai acquired the subject parcel in 2005 via donation. The property was donated to the City of Kenai by long-time residents James A. Elson and Jo Ann Elson. Resolution 2005-21, passed by the Kenai City Council on May 4, 2005, accepted the donation. The parcel was conveyed on June 3, 2005, under document number 2005-006143-0. The City Council and the conveyance document both outline the following conditions for the donated parcel: 1) that the property be used for recreational purposes only or ownership would revert to the Elsons or their rightful heirs; and, 2) that any park or rest stop carry the Elson family name and be posted as such; and, 3) that the park or rest stop be developed within three (3) years or ownership of the property would revert to the Elsons or their rightful heirs. 29 Page 2 of 2 Resolution 2018-50 The property is located adjacent to the Unity Trail and a bench has been placed on the property so that users of the trail may rest and enjoy their surroundings. The conveyance of the five-foot wide right-of-way to the State of Alaska, Department of Transportation & Public Facilities, will not impair the potential for the parcel to be used for recreational purposes or other foreseeable development by the City of Kenai. Kenai Municipal Code Section 22.05.110(b) – Determination as to Need for Public Uses states the following: Whether land previously dedicated to a public use should be dedicated to a different public use or should no longer be needed for public use shall be determined by the City Council by ordinance, except in cases of vacation of rights-of-way or easements which may be determined by resolution, either of which shall contain the new public use for which the property is to be dedicated or the reason the land is no longer needed for public use, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location. Thus, the City Council may convey and state the subject right-of-way is not needed for a public purpose via Resolution 2018-50. Thank you for your consideration. 30 31 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018-51 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE USE OF THE EQUIPMENT REPLACEMENT FUND TO PURCHASE REPLACEMENT EQUIPMENT FOR THE CITY’S DATA CENTER AND AWARDING A CONTRACT FOR THE PURCHASE OF NETWORK SERVERS TO THE LOWEST RESPONSIVE BIDDER. WHEREAS, the City’s network server infrastructure was originally purchased in 2012 with an estimated life of five-years; and, WHEREAS, the equipment is now six-years old, in its seventh year of operations, and is scheduled for replacement in FY2019; and, WHEREAS, the City’s Equipment Replacement Fund will provide the estimated $155,000 for the total project; and, WHEREAS, future annual payments to the Equipment Replacement Fund are estimated to be $34,276 for the next five-years based on a total projected replacement cost of $174,454; and, WHEREAS, the administration solicited competitive bids for replacement of computer servers and received ______ qualified bids with _____________________________ providing the lowest responsive bid; and, WHEREAS, maintaining the City’s network infrastructure is vital to daily operations of the City and is in its best interest. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to purchase replacement data center equipment for the total approximate cost of $155,000. Section 2. That the City Manager is authorized to execute a contract with _____________, the lowest responsive bidder, in the amount of _______________for the purchase of network servers. Section 3. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of September, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 32 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: September 12, 2018 SUBJECT: Resolution 2018-51 ____________________________________________________________________________ The Finance Department has begun the process of upgrading the City’s Data Center. The Center was constructed in 2012 with a projected useful life of five-years. The Center’s equipment is now in its seventh year of operations and is being replaced to ensure the continued functionality and reliability demanded by all City functions. Replacement of the Center’s equipment will involve multiple vendors and multiple procurements. Items being replaced include network servers, a network switch, storage area network, and other ancillary appliances. Also included in the upgrade is software licensing required for operations of the equipment. Total project costs are estimated at $155,000. An invitation to bid was issued for replacement of the network servers including three virtual servers and one system back-up server. Replacement of these three devices is estimated to be more than $35,000 requiring formal bid. Bids were released on September 5th and are due on September 19th. Resolution 2018-51 will authorize use of the Equipment Replacement Fund for acquisition of the new equipment and will award the bid for server replacement to the lowest responsive bidder. A memo providing necessary amendments to the Resolution will be provided on the 19th once bids are received. Your support for Resolution 2018-51 is respectfully requested. 33 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018 - 52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING AND AUTHORIZING THE USE OF A PORTION OF DAUBENSPECK FAMILY PARK FOR THE CONSTRUCTION AND PRESENCE OF A KENAI DOG PARK. WHEREAS, a committee of community volunteers have offered to design and construct an off- leash dog park at no expense to the City; and, WHEREAS, the Parks & Recreation Commission and volunteers of the Kenai Dog Park Committee evaluated several possible locations; and, WHEREAS, the preferred location selected for the new dog park is an area encompassing approximately 22,500 square feet within Daubenspeck Family Park along the northeast side of the pond; and, WHEREAS, it is in the best interest of the City of Kenai to designate this site for the new off-leash dog park. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the area on the northeast side of the pond is the site of the new off-leash dog park to be financed and constructed through the use of donations and volunteers. The site encompasses approximately 22,500 square feet with room for future expansion, if needed. Section 2. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of September, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 34 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: September 11, 2018 SUBJECT: Resolution No. 2018-52 – Construction of a Kenai Dog Park ____________________________________________________________________________ The purpose of this correspondence is to recommend to Council the support and authorization to utilize a portion of Daubenspeck Family Park for the construction of a dog park. The Kenai Parks & Recreation Commission received a formal presentation by the Kenai Dog Park Committee on August 2, 2018 requesting permission to pursue the design and development of a fenced, off-leash dog park in Kenai. It was noted that the City of Kenai will not be responsible for the development costs for this park. Several possible locations were evaluated and Daubenspeck Family Park was identified as the preferred location. Your support of Resolution No. 2018-52 is respectfully requested. Attachment 35 150’x150’ - Fenced (22,500 sq. ft.) Maintenance Road Main Entrance Area Current Dog Retrieval Area Recommended Off- Leash Dog Park Location Space for Future Expansion, if Needed 36 KENAI CITY COUNCIL – REGULAR MEETING SEPTEMBER 5, 2018 – 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 5, 2018, 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 Robert Molloy Henry Knackstedt Tim Navarre Jim Glendening Mike Boyle Glenese Pettey A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. 37 City of Kenai Council Meeting Page 2 of 8 September 5, 2018 Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS 1. Branden Bornemann, Executive Director, Kenai Watershed Forum – Update Regarding Water Quality of the Kenai River. Branden Bornemann thanked the Council for their support of the bacteria testing of the beaches of the Kenai River over the summer noting the testing had been done for many years and a baseline set. He added that source tracking of bacteria began in 2014 which has shown bacteria has clearly been mostly gulls; pointed out that the data also shows the bacteria existed before the dipnet fishery and would be there if the dipnet fishery went away. Mr. Bornemann explained that State of Alaska, Department of Environmental Conservation was required to publicly notice the bacteria exceedances; suggested the notices be done in a better way in the future. He also provided an update of the water quality testing which they have been doing for 20 years; discussed a time when research was showing elevated hydrocarbon in the river, a solution presented and implemented which repaired the river. Mr. Bornemann pointed out that currently they were starting to see higher levels of zinc and copper in the river which was typical of urban areas and that the river being listed as Category 1 or 2 provided more opportunity and more funding for additional testing and finding solutions. 2. Paul Minelga – Deterioration of Willow Street North of the Airport Terminal Building to the Airport Fire Station. Paul Minelga discussed the condition of Willow Street at the North end of the terminal and continuing on past the Tower and Operations Center noting the street had been deteriorating at a more rapid pace recently. He pointed out that the City was encouraging businesses to invest high dollar structures on leased property which were accessed by the street and suggested the condition of the street would be a deterrent. Mr. Minlegla also pointed out that the Airport Master Plan Phase III showed a lot of development on that end of the airport by 2030 and the street would no longer be adequate in a few short years. Finally, Mr. Minelga stated that he felt the City was soon going to have an incredible terminal facility and suggested upgrading the street to welcome visitors and investors. C. UNSCHEDULED PUBLIC COMMENTS – None. D. PUBLIC HEARINGS 1. Ordinance No. 3037-2018 – Increasing Estimated Revenues And Appropriations In The Airport Special Revenue And Terminal Improvements Capital Project Funds, Accepting And Appropriating A Grant From The Federal Aviation Administration, Authorizing A Change Order To The Contract Of Wince Corthell-Bryson For Additional 38 City of Kenai Council Meeting Page 3 of 8 September 5, 2018 Design And Construction Administration Services, And Awarding A Construction Contract For The 2018 Airport Terminal Rehabilitation Project. (Administration) • Substitute Ordinance No. 3037-2018 MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3037-2018 and Vice Mayor Navarre SECONDED the motion. Mayor Gabriel opened the public hearing. There being no one wishing to be heard, public comment was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend by replacing with Substitute Ordinance No. 3037-2018 and Council Member Knackstedt SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. Clarification was provided that contract administration services included in the increase to the contract with W ince-Corthell-Bryson included mechanical engineering, electrical engineering, civil engineering, and testing firms. Administration was thanked for moving this project so quickly. VOTE ON THE MAIN MOTION: YEA: Molloy, Gabriel, Pettey, Boyle, Navarre, Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3038-2018 – Increasing Estimated Revenues And Appropriations In The Airport Special Revenue And Airport Improvements Capital Project Fund, Accepting And Appropriating A Grant From The Federal Aviation Administration, Authorizing Execution Of A Change Order To The Design And Engineering Contract Of Wince Corthell-Bryson For Construction Administration Services, And Awarding A Construction Contract To The 2018 Airport Fencing Rehabilitation With Access Control Project. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Ordinance No. 3038-2018 and Council Member Navarre SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. MOTION TO POSTPONE INDEFINITELY: 39 City of Kenai Council Meeting Page 4 of 8 September 5, 2018 Council Member Knackstedt MOVED to postpone indefinitely and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. Clarification was provided that the only bid came in approximately $800,000 over the $200,000 engineer estimate and Administration was looking at options for including in the Terminal Rehabilitation project or coupling it with another upcoming project. VOTE ON POSTPONEMENT: There being no objections, SO ORDERED. 3. Resolution No. 2018-48 – Approving the First One Year Extension to the Agreement for Facility Management Services at the City of Kenai Multi-Purpose Facility. (Administration) MOTION: Vice Mayor Navarre MOVED to adopt Resolution No. 2018-48 and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2018-49 – Authorizing the Purchase of a Street Sweeper from Yukon Equipment, Inc., for the Total Amount of $289,571.00. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-49 and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. [Clerk’s Note: A brief at ease was taken] MOTION TO RECONSIDER: Council Member Knackstedt MOVED to reconsider enactment of Ordinance No. 3037-2018 and Council Member Glendening SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. It was noted that there was a clerical error in the dollar amount in Section 1 of the ordinance which needed amended to match the amount of the FAA Grant line item in Section 2 of the ordinance. MOTION TO AMEND: 40 City of Kenai Council Meeting Page 5 of 8 September 5, 2018 Council Member Knackstedt MOVED to amend by replacing the dollar amount in Section 1 from $10,619,265 to $10,619,995 and Council Member Molloy SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Molloy, Gabriel, Pettey, Boyle, Navarre, Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE AMENDED MAIN MOTION: YEA: Molloy, Gabriel, Pettey, Boyle, Navarre, Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. E. MINUTES 1.*Regular Meeting of August 1, 2018 Approved by the consent agenda. 2.*Regular Meeting of August 15, 2018 Approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders over $15,000. Approved by the consent agenda. 3. *Action/Approval – Non-Objection to the Renewal of a Standard Marijuana Cultivation Facility License for Red Run Cannabis Cultivators, LLC, License No. 10052. (City Clerk) Approved by the consent agenda. 4. *Action/Approval – Non-Objection to Renewal of a Retail Marijuana Store License for Red Run Cannabis Company, LLC, License No. 10056. (City Clerk) Approved by the consent agenda. 41 City of Kenai Council Meeting Page 6 of 8 September 5, 2018 5. *Ordinance No. 3039-2018 - Amending Kenai Municipal Code Sections 14.20.151- Application for Conditional Use Permit for Surface Extraction of Natural Resources, and 14.20.154-Issuance of Permit for Surface Extraction of Natural Resources, to Prohibit Surface Extraction of Natural Resources within the 100 Year and 500 Year Floodplains and Require Appropriate Professional Assistance with Site Plan Submittals. (Administration) Introduced by the consent agenda and public hearing set for September 19. 6. *Ordinance No. 3040-2018 - Amending Kenai Municipal Code Section 3.10.060 - Cruelty to Animals, to Require Owners Provide Adequate Care to Their Pets and Provide Clear Exceptions for Government Agencies and Others to Euthanize Animals and Remove Problem Animals When Necessary to Preserve Public Health Safety and Infrastructure. (Mayor Gabriel) Introduced by the consent agenda and public hearing set for September 19. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No report; next meeting September 13. 2. Airport Commission – No report; next meeting September 13. 3. Harbor Commission – No report; next meeting September 10. It was noted the Rules and Responsibilities Sub-committee met on August 28 and continued reevaluating code as it pertained to the Harbor Commission; planned to go back and review the code more thoroughly. 4. Parks and Recreation Commission – No report; next meeting September 6. 5. Planning and Zoning Commission – It was reported that on August 22 the Commission heard from Ryan Tunseth who invited Commission members to take a tour of his business; adopted a resolution recommending an amendment to code to revise material extraction to prohibit extraction in the floodplain; September 12 meeting cancelled; next meeting September 26. 6. Beautification Committee – No report; next meeting September 10. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended the Old Timer Luncheon; • Attended the Alaska Municipal League and Alaska Conference of Mayors meetings in Denali; provided an overview of topics including cyber-attacks in Mat- Su, online sales tax, opioid abuse, and mental health; • Attended Industry Appreciation Day. J. ADMINISTRATION REPORTS 42 City of Kenai Council Meeting Page 7 of 8 September 5, 2018 1. City Manager – P. Ostrander reported on the following: • City was taking proactive steps to ensure it was positioned as well as possible with cyber threats; providing cybersecurity training for staff; • Silver Salmon Derby upcoming; • Closed on Pingo Property sale and Schillings sale to also close soon; • Building permit issued for Spur Motel renovations; • Trashercize event ongoing to clean up trails in the City; • Dog Park approval resolution coming forth; • Recently participated in a ride along with a police officer; • Bluff Erosion Project held its agency kickoff meeting with the project development team; still on schedule. 2. City Attorney – S. Bloom reported the State was accepting public comment on an onsite consumption endorsement to retail marijuana store licensees until November 11; as written there was a local option clause. 3. City Clerk – J. Heinz provided an update on Commission vacancies; notified of Alaska Municipal League meetings in November and asked Council for their interest in participating; noted September was Hunger Action Month and the Office of the City Clerk was hosting a City Employee Food Drive. Added she had declared her candidacy for Second Vice-President of Alaska Association of Municipal Clerks. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments Council Member Glendening noted he attended Industry Appreciation Day, Old Timer Luncheon, and the soft opening of Brother’s Café. Also noted he had been considering impacts of the gas line and suggested incoming people and housing them might be a challenge. Council Member Knackstedt attended and participated in Industry Appreciation Day; thanked Brother’s Café for an invitation to their soft opening; suggested reviewing options for addressing homelessness in the City. Council Member Molloy noted he had read that 1,353 pounds of metal had been cleaned off City beaches due to Mr. Graves’ Caring for the Kenai project; noted he appreciated those that came to speak during scheduled public comments and the information they provided. Council Member Pettey noted she attended the Brother’s Café soft opening; provided a reminder for the upcoming First Thursday at Kenai Fine Arts which was a prelude to the Harvest Art Auction; commended the City Clerk for hosting a Food Drive and pointed out the Food Bank’s annual fundraiser was upcoming. Vice Mayor Navarre noted the Kenai Peninsula Borough’s Consortium of Care working group was looking at the entire Kenai Peninsula and developing shelters for those experiencing homelessness; Industry Appreciation Day was a success and thanked the Parks and Recreation 43 City of Kenai Council Meeting Page 8 of 8 September 5, 2018 Director and staff for their excellent help. He added that the City should be proud of hosting the event. L. EXECUTIVE SESSION – None. M. PENDING ITEMS 1. Action/Approval – Field of Flowers Signage (Council Member Knackstedt) [Clerk’s Note: This item was referred to the Beautification Committee and then the Airport Commission.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:16 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of September 5, 2018. _____________________________ Jamie Heinz, CMC City Clerk 44 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: SEPTEMBER 19, 2018 VENDOR DESCRIPTION PERS PERS INTEGRITY JANITORIAL AUGUST SERVICE AT CITY HALL PRECIOUS JANITORIAL AUGUST SERVICE AT LIBRARY PRECIOUS JANITORIAL AUGUST SERVICE AT TERMINAL PRECIOUS JANITORIAL AUGUST SERVICE AT POLICE PRECIOUS JANITORIAL AUGUST SERVICE AT VISITOR CENTER INVESTMENTS VENDOR DESCRIPTION THE BAKER GROUP U.S. GOVT SECURITY THE BAKER GROUP U .S. GOVT SECURITY PIPER JAFFRAY U .S. GOVT SECURITY PIPER JAFFRAY U .S. GOVT SECURITY PIPER JAFFRAY U .S . GOVT SECURITY PIPER JAFFRAY U.S . GOVT SECURITY THE BAKER GROUP U .S. GOVT SECURITY THE BAKER GROUP U.S. GOVT SECURITY PIPER JAFFRAY U .S. GOVT SECURITY PIPER JAFFRAY U .S. GOV'T SECURITY PIPER JAFFRAY U .S . GOVT SECURITY PIPER JAFFRAY U.S. GOVT SECURITY DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 83,585 .53 NON-DEPARTMENTAL REPAIR & MAINTENANCE 1 ,389 .00 LIBRARY REPAIR & MAINTENANCE 2,795 .00 AIRPORT REPAIR & MAINTENANCE 4 ,495 .00 POLICE REPAIR & MAINTENANCE 978 .00 VISITOR CENTER REPAIR & MAINTENANCE 928.00 MATURITY DATE AMOUNT Effect. I nt. 9/21/2020 245,000.00 2 .75% 9/14/2020 245,000 .00 2 .8% 91712023 245,000 .00 3.3% 6/18/2020 245,000.00 2 .6% 71712020 245,000.00 2 .7% 9/14/2020 245,000.00 2.8% 9/15/2023 245,000.00 3.1% 9/18/2023 245,000.00 3.15% 10/21/2022 245,000.00 3.1% 3/19/2020 245,000.00 2.55% 3/23/2020 245,000.00 2 .6% 9/27/2021 245,000.00 3% 45 PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: SEPTEMBER 19, 2018 VENDOR DESCRIPTION DEPT. Z ONES CISCO EQUIPMENT FINANCE ZON ES VMWARE & VEEAM LICENSING FINANCE DELL MARKETING DELL EMC SCV3000 FINANCE INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O.# -DEPT. ACCOUNT AMOUNT EQUIPMENT REPLACEMENT 16,422.25 EQUIPMENT REPLACEMENT 17,978.68 EQUIPMENT REPLACEMENT 34,480.31 REASON AMOUNT TOTAL PO AMT 46 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manger THROUGH: Terry Eubank, Finance Director FROM: Dan Castimore, IT Manager DATE: September 12, 2018 SUBJECT: Datacenter Cisco Equipment As part of the Datacenter Replacement project that was budgeted for FY19, a new network switch is needed to increase the bandwidth to the new server and storage equipment that is being purchased. In 2012, when the new Datacenter was installed a network switch was purchased for the purpose of connecting the new servers and storage to our existing network. This switch was rated for 1 gigabit per second (Gbps) bandwidth which was adequate at the time. In order to handle the large amount of traffic, and to provide for redundancy in the event of a failure, each server had 9 network connections. The storage area network uses 12 network connections. The new servers are coming with 25Gbps network adapters, and the storage area network will come with 10gbps adapters. This will require that the network switch be replaced with a modern switch that is capable of 25Gbps connections. Each network port is capable of operating at 1Gbps, 10Gbps, and 25Gbps depending on what cabling is used. Our current network is comprised exclusively of Cisco network switches. As a result I have selected a Cisco Nexus 93180YC-EX Switch. I requested quotes from four vendors and the lowest price was $16,422.25 from Zones Inc. This price includes all required adapters and software. At this time I am recommending that the City completes the purchase of this equipment from Zones Inc. 47 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manger THROUGH: Terry Eubank, Finance Director FROM: Dan Castimore, IT Manager DATE: September 12, 2018 SUBJECT: Datacenter Software As part of the Datacenter Replacement project that was budgeted for FY19, I am recommending that the City replace our aging Veritas BackupExec software with Veeam Backup & Replication. An upgrade to our VMWare software, from vSphere Essentials Plus to vSphere Enterprise Plus and vCenter Foundation is also recommended. The current BackupExec software was already in use when the datacenter was replaced in 2012. This software doesn’t provide for virtual machine backups under the current license, and has limited advanced features. Veeam Backup & Replication offers licensing that is more flexible for virtual environments, and can integrate with a new storage area network to reduce the amount of time needed to run a backup. The vSphere Essentials Plus is a kit that includes basic features for up to 3 virtual hosts. There is no upgrade path for the Essentials Plus kit, and the limited version of vCenter cannot connect to our existing Cisco phone system. Purchasing vSphere Enterprise Plus will allow us to license virtual hosts on an individual basis, allowing for expansion in the future if needed. Additional features will also reduce the amount of time spent on maintenance by providing better automation of tasks. I requested quotes from three vendors and the lowest price was $17,978.68 from Zones Inc. At this time I am recommending that the City completes the purchase of this software from Zones Inc. 48 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manger THROUGH: Terry Eubank, Finance Director FROM: Dan Castimore, IT Manager DATE: September 12, 2018 SUBJECT: Datacenter Storage Area Network As part of the Datacenter Replacement project that was budgeted for FY19, I am recommending that the City replace our aging Dell Equallogic Storage Area Network (SAN) with a Dell EMC SCv3000 SAN. Currently, a Dell Equallogic SAN provides storage for all virtual servers, file servers, email, databases, and digital evidence. This equipment is out of warranty and has begun to experience hardware failures. The storage capacity of this SAN is no longer adequate for our needs. At this time digital evidence, including police body camera video, is consuming more than 2tb of storage and is growing quickly. The current SAN has a total capacity of 18.6tb. A request for equipment standardization and exemption from formal bid was approved by the City Manager on August 28, 2018. The new Dell EMC SCv3000 SAN will have a capacity of approximately 80tb, and will include 8tb of flash storage. This SAN will also integrate with the new backup software from Veeam, reducing the time it takes to complete a backup. I requested quotes from three vendors and received responses from two. The lowest price was $34,480.31 from Dell Marketing. At this time I am recommending that the City completes the purchase of this hardware from Dell Marketing. 49 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: September 7, 2018 SUBJECT: October 2, 2018 Regular City Election - Precinct Election Boards Pursuant to KMC 6.05.040 which requires that City Council appoint the members of the election boards, I am respectfully requesting the following be appointed to work on the Election Board for Kenai Precincts as listed: Kenai No. 1, 30-210 Kenai No. 2, 30-230 Kenai No. 3, 30-240 Eileen Bryson Barbara Norbeck Brent Jacob Carol Freas Lucile “Lucy” Barton Sheila Phillips Kit Hill Karen Monell Sharon Efta June Harris Vivian Terry Maggie Marrow Virginia Walters Jennifer Ticknor Patricia J. Reilly Thank you for your consideration. 50 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: September 10, 2018 SUBJECT: Action Approval Authorizing the City Manager to Sign a Letter of Support for the Great Land Trust to Purchase Two Properties from Private Landowners on the Kenai River as an Exxon Valdez Oil Spill Trust Council Habitat Fund Project ____________________________________________________________________________ The Exxon Valdez Oil Spill (EVOS) Trustee Council voted at their April 9, 2018 meeting to fund two projects transferring land ownership from willing private sellers to the State of Alaska within the City of Kenai on the Kenai River. The Shuey Property (12.5 acres) and the Lofstedt Property (10 acres) are accessed via Beaver Loop Road, are along the lower Kenai River, and are just downstream of Beaver Creek and upstream of Bridge Access Road. The Lofstedt Property is near Cunningham Park and is adjacent to Alaska Department of Natural Resources land. The Shuey Property is reached from Angler Drive off of Beaver Loop Road and is adjacent to land owned by the City of Kenai. The attached map shows the location of the properties. The EVOS Trustee Council oversees the use of funds received from the 1991 civil settlement for recovery of resources that declined or suffered a loss resulting from the 1989 oil spill. The EVOS Council is composed of three State and three federal trustees. Since 2012, Great Land Trust has been assisting the EVOS council in community projects. Great Land Trust is a 501c3 organization and a national accredited land trust with a mission to conserve and steward lands and water essential for the quality of life and economic health of Alaskans. I have invited Dave Mitchell, Conservation Director with Great Land Trust, to speak at the September 19th, 2018 City Council meeting to provide context and background information on Great Land Trust’s work in the City of Kenai of behalf of the EVOS Trustee Council. The EVOS Trustee Council voted to fund the purchases of the Shuey and Lofstedt properties from willing private sellers, and this action does not require approval by the City of Kenai. The State of Alaska will own the properties once the purchases are completed. However, the Trustee Council looks for community support in the areas of their project work and requested a letter of 51 Page 2 of 3 Action Approval Authorizing the City Manager to Sign a Letter of Support for the Great Land Trust to Purchase Two Properties from Private Landowners on the Kenai River as an Exxon Valdez Oil Spill Trust Council Habitat Fund Project support from the City of Kenai for the Shuey and Lofstedt property transactions. I have drafted a letter of support and I am requesting City Council action approval for the City Manager to sign the attached letter. I hope the presentation to the Kenai City Council by Mr. Mitchell provides useful background information and an opportunity for questions on the Great Land Trust and the EVOS Trustee Council. The efforts of the EVOS Trustee Council to purchase the Shuey and Lofstedt properties are consistent with the 2016 City of Kenai Comprehensive Plan vision and goals. The vision associated with Goal 8 – Environmental Resources in the 2016 City of Kenai Comprehensive Plan states, “Kenai practices mindful stewardship of the natural resources and the environment to ensure they are protected and enhanced for their viability and values in perpetuity.” The Plan includes the following objectives and action items for Goal 8: • “ER-1 Maintain and improve protection of the Kenai River its beaches, tidelands and wetland areas.” • “ER-2 Preserve and protect water features such as isolated wetlands, stream corridors, drainage areas, and riparian areas for open space and to enhance water quality.” • Action Item: “Continue to work with the State of Alaska, personal use fishers, commercial fishers, residents, and others to mitigate damages caused by the dipnet fishery.” • Action Item: “Develop a plan for the protection of critical wetlands that includes methods for creating and purchasing conservation easements.” The Shuey and Lofstedt properties are mostly composed of wetlands. Transferring ownership of these properties to the State of Alaska to protect the properties from development is consistent with the goal to practice mindful stewardship of natural resources within the City of Kenai. It is also consistent with the objectives and action items to improve protection of Kenai River wetlands for enhanced water quality. Wetlands can act as filtering systems to remove sediment and pollutants from runoff and keep them from entering the Kenai River. Protecting wetland habitat used by salmon will help various users of the fisheries. In addition, transferring ownership of these properties to the State of Alaska will help maintain a pleasant experience for users of the Kenai River, including commercial fishers and guides, personal use fisheries, recreationists, and residents of the Beaver Loop Road area. It will also potentially improve habitat connectivity for State of Alaska lands adjacent to the Kenai River because both properties are adjacent to public lands. These benefits are consistent with both the vision and goals of the City of Kenai and the vision and goals of the EVOS Trustee Council. Thank you for your consideration. 52 Page 3 of 3 Action Approval Authorizing the City Manager to Sign a Letter of Support for the Great Land Trust to Purchase Two Properties from Private Landowners on the Kenai River as an Exxon Valdez Oil Spill Trust Council Habitat Fund Project 53 September 10, 2018 Elise Hsieh, Executive Director Exxon Valdez Oil Spill Trustee Council 4230 University Drive, Suite 220 Anchorage, AK 99508 RE: Support for City of Kenai Exxon Valdez Oil Spill (EVOS) Trustee Council Projects Dear EVOS Trustee Council: The City of Kenai supports the efforts of the proposed EVOS land acquisitions by the State of Alaska from willing private landowners within the City of Kenai, including the recent EVOS funding approval to acquire the Shuey Property (12.5 acres) and the Lofstedt Property (10 acres) adjacent to the Kenai River. These efforts are consistent with the 2016 City of Kenai Comprehensive Plan vision and goals. The vision associated with Goal 8 – Environmental Resources in the 2016 City of Kenai Comprehensive Plan states, “Kenai practices mindful stewardship of the natural resources and the environment to ensure they are protected and enhanced for their viability and values in perpetuity.” The Plan includes the following objectives and action items for Goal 8: • “ER-1 Maintain and improve protection of the Kenai River its beaches, tidelands and wetland areas.” • “ER-2 Preserve and protect water features such as isolated wetlands, stream corridors, drainage areas, and riparian areas for open space and to enhance water quality.” • Action Item: “Continue to work with the State of Alaska, personal use fishers, commercial fishers, residents, and others to mitigate damages caused by the dipnet fishery.” • Action Item: “Develop a plan for the protection of critical wetlands that includes methods for creating and purchasing conservation easements.” The Shuey and Lofstedt properties are mostly composed of wetlands. Transferring ownership of these properties to the State of Alaska to protect the properties from development is consistent with the goal to practice mindful stewardship of natural resources within the City of Kenai. It is 54 Page 2 of 3 Support for City of Kenai Exxon Valdez Oil Spill (EVOS) Trustee Council Projects also consistent with the objectives and action items to improve protection of Kenai River wetlands for enhanced water quality. Wetlands can act as filtering systems to remove sediment and pollutants from runoff and keep them from entering the Kenai River. Protecting wetland habitat used by salmon will help various users of the fisheries. In addition, transferring ownership of these properties to the State of Alaska will help maintain a pleasant experience for users of the Kenai River, including commercial fishers and guides, personal use fisheries, recreationists, and residents of the Beaver Loop Road area. It will also potentially improve habitat connectivity for State of Alaska lands adjacent to the Kenai River because both properties are adjacent to public lands. These benefits are consistent with both the vision and goals of the City of Kenai and the vision and goals of the EVOS Trustee Council. Sincerely, Paul Ostrander City Manager 55 Page 3 of 3 Support for City of Kenai Exxon Valdez Oil Spill (EVOS) Trustee Council Projects 56 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Chair Christine Hutchinson and Kenai Harbor Commission FROM: Paul Ostrander, City Manager DATE: September 7, 2018 SUBJECT: Acquisition of Kenai Landing Property ____________________________________________________________________________ At the Harbor Commission meeting of August 6, 2018, the Commission passed a motion recommending that the Administration determine if the acquisition of Kenai Landing was in the best interests of the City. After meeting with Jon Faulkner, owner of Kenai Landing and Josh Garvey, CEO of Land’s End Acquisition Corporation and discussing the opportunity in detail, administration has determined that it is not in the City’s best interest to acquire the property. There is significant economic potential at this location. Maritime support industries, oil support industries, or even retail or residential developments could succeed on this property. It is most appropriate that the private sector identify the business opportunities available and pursue them as opposed to the City. In addition, the City does not have an identified source of funding for the acquisition of the property. 57 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: September 12, 2018 SUBJECT: Finance Department, September 2018 Mid-month Report The department has been busy closing the books on FY2018 and preparing for the annual audit scheduled for the week of October 8th. Financial statements are being drafted with anticipation of issuing late in November followed by an auditor presentation to Council in early December. The implementation of electronic timesheets is underway with a goal of all departments utilizing electronic timesheets by the end of the fiscal year. Electronic timesheet increase efficiency by eliminating multiple points of data entry but more importantly provide departments with the ability to track employee time in greater detail. IT is working toward the planned upgrade to the City’s Data Center. The process has involved multiple procurements as well as design of the network layout and product specifications. Project completion is expected by the end of the calendar year. IT is also working to purchase all FY19 replacement computers. Twenty-seven units are schedule for replacement city-wide. As a board member of the Alaska Public Entity Insurance (APEI), the City’s insurer, I will be traveling to Portland for a conference September 29th through October 3rd. Attendance provides top notch training on insurance issues facing local government like the City as well as risk pools like APEI. 58 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant, Airport Manager DATE: September 5, 2018 SUBJECT: September Mid-month Report 2018 Terminal Rehabilitation Project – Construction: Three construction bids were received on August 27, 2018. Wince-Corthell-Bryson and City Administration reviewed the bids and a recommendation to award was sent to the FAA on August 30; the City is waiting for concurrence to award. Airport administration submitted a grant application to the FAA on Tuesday, September 4. The project should start in October 2018 with a completion date of December 1, 2019. 2018 Fencing Rehabilitation – One bid was received for this project and it was rejected due to cost. Options will be discussed with the FAA and the project will be rebid in FY2019. In-house Activities • Maint enance staff priorities the past month have been screening sand, landscaping, mowing, and hazing sand hill cranes; in addition to gate and fence repair, crack sealing, winter equipment and commodity preparations. After the screening plant is returned, the focus will be prepping the terminal for the upcoming terminal rehabilitation project; relocation of administrative office, animal displays, and wall fixtures. • The SOA/DOT will be here on September 20 and 21, 2018 to evaluate all the pavement on the airfield. OSHA representatives will be here the first week of October. • Airport Administration is also extremely busy rewriting and meeting deadlines for the revised Airport Security Plan including changes due to the national TSA policy and the vetting of airport personnel, revising the Airport Emergency Control, preparing the Airport Certification manual as an e-ACM, and achieving environmental clearances for the FY2019 Airport capital improvement projects. 59 Page 2 of 2 Airport Mid-month Report • Winter Season Recruiting/Hiring – The Airport is advertising for two seasonal equipment operators and temporary equipment operator positions for the 2018-2019 winter season. The seasonal positions are for five months from November 1, 2018 through March 2019. Recruiting closes on September 14. • September 15-16, 2018 - Airport Manager will be in Anchorage attending the Essentials of Airport Business Management Conference. • September 19, 2018 – Nine FAA representatives from Anchorage and Washington, D.C. will be stopping in Kenai for a tour. Winsome Lenfert, Acting Associate Administrator of Airports will be one of the VIP members from Washington D.C. • September 23-26, 2018 – Airport Manager will be attending the annual NWAAAE conference in Seattle, WA. • October 24, 2018 – Annual pre-season Snow and Ice Control Committee meeting will be held from 9am-11am in Council Chambers. All airport staff, equipment operators, airport tenants, contract snow plowers, Kenai Police and Fire Department personnel should plan on attending. Some agenda items will cover the annual 139 training requirements for airfield driving, familiarization, self-inspection, etc. Representatives from the Tower, Flight Service Station, and Airway facilities will speak to their respective responsibilities. • October 30, 2018 – Airport, KPD, and KFD will hold the annual tabletop review of the Airport Emergency Control Plan with an airport security readiness exercise. The tabletop exercise is a FAA 139 requirement and the readiness exercise is a tri-annual TSA requirement. 60 61 62 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: September 10, 2018 SUBJECT: Police & Communications Department Activity – August 2018 Police handled 809 calls for service. Dispatch received 305 9-1-1 calls, 239 of which came from cell phones. Officers made 54 arrests, two of which were juvenile. Traffic enforcement resulted in 200 traffic contacts and 64 traffic citations. There were 4 DUI arrests (0 felony). Officers investigated 12 motor vehicle crashes. There was one collision involving a moose. There were no collisions involving drugs or alcohol. August training included: One officer attended Drug Recognition Expert (DRE) training in Nashville. The school resource officer and an investigator attended the Crimes Against Children Conference in Dallas. Four officers attended ERASE (Exterior Response to Active Shooter Events) training in Kenai. The entire department participated in a rifle qualification. A new Communications supervisor, Stephen Meyer, was appointed in August. 6130 2210 5757 2404 5451 2345 0 2000 4000 6000 8000 Total Police Service Calls 911 Calls Received 2018(Jan 1 - Aug 31)2017(Jan1 - Aug 31)2016(Jan 1 - Aug 31) 63 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: September 3, 2018 SUBJECT: August 2018 Animal Control Mid-Month Report This month the Kenai Animal Shelter took in 71 animals. Animal intake and disposition: DOGS: INTAKE 21 DISPOSITION 19 Waiver 7 Adopted 8 Stray 7 Euthanized 0 Impound 0 Claimed 8 Protective Custody 3 Field Release 0 Quarantine 0 Transferred to Rescue 3 Other Intakes 4 Other Dispositions 0 CATS: INTAKE 47 DISPOSITION 69 Waiver 4 Adopted 10 Stray 43 Euthanized 2 Impound 0 Claimed 1 Protective Custody 0 Field Release 0 Quarantine 0 Transferred to Rescue 55 Other Intakes 0 Other Dispositions 1 OTHER ANIMALS: INTAKE 3 DISPOSITION 4 Mouse 1 Rabbit 1 Chinchilla 2 Mouse 1 Chinchilla 2 64 Page 2 of 2 Animal Control Mid-Month Report 1 Citations 12 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 35.25 Volunteer Hours Logged 23 Animals are known borough animals 27 Field Investigations & patrols Statistical Data: 543 2016 YTD Intakes 554 2017 YTD Intakes 540 2018 YTD Intakes DOA: 5 OTHER STATISTICS: Dog 3 Licenses (City of Kenai Dog Licenses) 10 Cat 2 Microchips (Dog and Cat) 0 65 MEMORANDUM TO: Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Jo Joiner, Library Director DATE: September 11, 2018 SUBJECT: Library Mid-Month Report ______________________________________________________________________ August Circulation Figures Adult Fiction 1,515 Internet Access 953 Adult Non-Fiction 1,035 iPad use 230 Young Adult Fiction 213 Games 7 Periodicals 102 Room Booking 181 Juvenile Fiction 630 Music 16 Juvenile Non-Fiction 480 DVDs 2,138 Easy Fiction 1,216 Audio books 156 Easy Non-Fiction 321 Miscellaneous 146 Interlibrary Loan 5 Computer Programs Books – Consortium 306 Media – Consortium 119 Total Print 5,823 Total Non-Print 3,946 Total Circulation 8/18 9,769 Downloadable Audio 662 Total Circulation 8/17 9,409 Downloadable EBooks 624 % change +4% In-House circulation 325 66 Page 2 of 2 Library Mid-Month Report Library Door Count……. 9,151 Income Fines $ 868.09 Xerox 297.00 Lost/Damaged 29.00 Test Proctoring Fee 80.00 Printing 371.50 Other 500 Total income $ 1,650.59 In August 2 volunteers worked about 10 hours. There were 21 children’s programs with 547 total in attendance, and 15 adult and family programs with 190 attendees. In August we ordered 2 interlibrary loan items not available through the consortium and received 1 item, we returned 4 items and loaned 15 items to other libraries who are out of state or not in the consortium. Library Cards Issued August ILL 2 Kasilof 3 Kenai 32 Nikiski 7 Non-Resident 10 Other Peninsula 2 Soldotna 6 Total 62 67 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: September 11, 2018 SUBJECT: Planning and Zoning August 2018 Report ____________________________________________________________________________ Below are a summary of activity in August 2018 for the Planning and Zoning Department. Planning and Zoning Commission Agenda Items and Resolutions The Planning and Zoning Commission approved of a home occupation permit, and Planning and Zoning staff approved of two landscape site plans: • Resolution PZ 2018-19 – A Resolution of the Planning and Zoning Commission recommending the Council of the City of Kenai, Alaska amend Kenai Municipal Code Section 14.20.151 – Application for Conditional Use Permit for Surface Extraction of Natural Resources (8/22/18 Planning and Zoning Commission meeting). • Sign Code Discussion – Discuss initial reasons to update the sign code (8/8 Planning and Zoning Commission meeting). Lands, Economic Development, Outreach, and Code Review The Planning and Zoning Department has been preparing for a temporary lands staff hire by creating a new database and reorganizing hard copy files. Those tools will be used by the lands staff person to update data as the basis for the resulting Lands Report. The City Planner attended a work session of the Kenai Peninsula Borough Alaska Liquefied Natural Gasline Project Advisory Committee. 68 Page 2 of 2 Planning and Zoning Mid -Month Report The City Planer attended a board meeting of the Kenai Peninsula Economic Development District, Inc. (KPEDD). City staff has been working with the Kenai Chamber of Commerce to update the 2019 City of Kenai Visitors Guide. The Inaugural Trashercise Lunchtime W alk was held on August 30th. The community event was to walk along Ryan’s Creek Trail and pick up trash along the way. The next Trashercise lunchtime walks will be at noon on September 20th and October 4th. The event was done in partnership with the Parks and Recreation Department and was publicized in the newspaper and on the radio. Code Review The City Planner is working with the City Attorney and State of Alaska to strategize for the sign code update. Plans and Reports As approved by City Council, the City Manager signed a Memorandum of Agreement with the Kenai Peninsula Borough to update the City of Kenai Hazard Mitigation Plan. The Planning and Zoning Department communicated with the Borough on the Agreement. Code Enforcement (Complaint Responses and Community Outreach Measures) Three property violation notices were posted or delivered with assistance from the Police Department. One property with a trash violation was remedied by connecting the elderly property owner to volunteer community assistance. The Planning and Zoning Department made contact with the new Dispatch Supervisor to standardize requests for license plate lookups. 3 reported cases were closed in August 2018: • 1 – Junk or Abandoned Vehicles • 2 – Garbage 4 new case reports were opened in August 2018: • 2 – Junk or Abandoned Vehicles • 1 – Miscellaneous (travel trailer use in right-of-way) • 1 – Garbage 2 cases remain open from previous months: • 1 – Garbage • 1 – Debris and Junk – complaint was for several properties in a neighborhood; to be addressed with a neighborhood cleanup in September 2018. 69 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: September 11, 2018 SUBJECT: Mid-month Report - September ____________________________________________________________________________ September continues to be a busy month for the Parks & Recreation Department, particularly with fall quickly approaching and preparation for the upcoming Kenai River Marathon and the Fall Pumpkin Festival unfolding. Mid-August marked the departure of most of the temporary workers with two remaining to assist with fall operations. Associated Activities: • Conducted a community weed-pull activity Saturday, September 8th at Municipal Park. • Planning for the Fall Pumpkin Festival and securing sponsor for pumpkins. • Updated and revised 2019 Parks & Trail brochure. • Assisting with revisions and upgrades to the 2019 Visitors & Relocation Guide. • Worked with B&GC for possible 3on3 fall basketball tourney. • Ordered new skate aids for the MPF. • Seeded and planted trees at Daubenspeck Family Park (near shelters). • Seed and planted trees at the Fine Arts Center. • Filled in low area at 4th Ave. Park with dirt and seeded. • Fall seeding at Beaver Creek Park and Municipal Park. • Street Department assisted with the relocation of a small concrete building to the Kenai Little League complex. Building will be used for miscellaneous storage of tools and maintenance equipment. • Assisted with the implementation of the new “Trashersize” lunch activity. Thanks to Elizabeth Appleby for providing the idea and inspiration. • Assisted Planning Dept. with the Valhalla Heights Cleanup. • Performed repair work to broken 6x6 fence on south beach. • Performed pruning of vegetation along boardwalk located at Cunningham Park. 70 Page 2 of 2 Parks and Rec Mid-Month Report • Resurfaced trails at the Wildflower Garden. • Staff started trimming vegetation growing in sidewalk areas throughout town. • Flowerbed maintenance, turf maintenance and restroom/trash servicing ongoing. 71 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: September 2018 SUBJECT: Mid-Month Report; Public Works / Capital Projects • WWTP Improvements – DO Probes project received DEC plan review approval on Sept 7th, granting agent approval to proceed on Sept 10th. Project will be out for Bid by month’s end. Blower Replacements project has CH2M conducting a site visit around Sept 20th, project documents are about 4 weeks away from completion. Anticipating this work Bidding early November. • Fencing Rehab with Access Control – This project has been suspended indefinitely due to a single Bid being received which far exceeded the project estimate and budget. Speaking with the FAA about the possibility of grouping it with a future project next year. • Terminal Building Rehab Conceptual Plan and Design – Bids were received on August 29th, Blazy Construction was found to be the lowest responsive bidder. An intent to Award to Blazy Construction was issued on August 30th, Council approved award at the Sept 5th Council Meeting. FAA Final OST approval was granted on Sept 12th, final grant paperwork is expected by Sept 17. Anticipating all final contract items in place with a Notice to Proceed of Sept 24th approximately. • Dock repair – Project will be Re-Bid over the winter months with work anticipated to take place in the spring. • Flight Service Station Phase 3 (Interior remodel) – Modification to design in progress. The scope includes break-room upgrades, lockers, painting, carpet, duct and carpet cleaning. This will complete the work required by the FAA lease agreement. Update: working on some late change requests from the FAA to make slight changes to some training rooms. Anticipating revising the design to incorporate these changes and will release for Bid first week of October. 72 Page 2 of 3 Mid-Month Report • Purchase Street Sweeper – Update: Bid was awarded to Yukon Equipment and Street Sweeper is expected to deliver in Spring 2019. • Recreation Center Improvements – Jernstrom Engineering - Design in progress. Scope includes replacing aging water heaters with high efficiency heaters, HVAC improvements including replacing Roof Top Units and system upgrades, e.g. thermostat locations and flow balancing. No new Update • Kenai Cemetery Expansion 2018 – Design Documents are now 100% complete. Project may go out for bid at any time however work will likely not begin until Spring. • Peninsula Avenue Bluff Erosion 2018 – Design Documents are now 100% complete, project may go out for Bid at any time. • USACE Bluff Erosion – See City Manager’s report. No new update. • DOT KSH Rehabilitation (Widening to 5 lanes) Phase 1 Swires Rd. to Eagle Rock Dr. was bid on March 30. City of Kenai water main replacement crossing KSH at Shotgun/Beaver Loop designed, funded, and will be bid with DOT project. Construction to start mid-May. Construction is ongoing and proceeding well. Clearing of the Right of Way has been taking place this month. No new update. • DOT KSH Rehabilitation (Widening to 5 lanes) Phase 2 Eagle Rock Dr. to Sports Lake – ADOT advises they plan to bid in November 2018, more likely 2019. • DOT KSH Rehabilitation (Grind and pave) MP 12.25 to 18.52 - ADOT advises they plan to bid and construct in 2018. • DOT Beaver Loop Road and Pedestrian Pathway Project – ADOT advises construction may be possible in 2018, more likely 2019. 73 Page 3 of 3 Mid-Month Report • Ryan Creek Culvert Repair – Project is now complete and closed out, see photos. Photo taken August 13th Photo taken Sept 5th 74 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: September 11, 2018 SUBJECT: August Mid-Month Report August 2018 Home Meals NTS Choice Clients Meals Clients Meals 60+ Service Area 46 1026 8 266 60+ Outside Service Area 1 35 1 35 Under 60 + Service Area 0 0 4 141 Under 60+ Outside Service Area 0 0 1 34 Subtotals 47 1061 14 476 Total 1537 • During the month of August, 42 volunteers donated 560 hours of their time; 47 individuals used the Social Security Video Service; and, 1,530 congregate meals were served in the dining room. • The August Mystery Drive had 12 participants who visited the Three Guys Wood Shop. They watched a demonstration making a wood bowl from a piece of birch. They also visited the Sterling waste transfer facility where the local caretaker has set up a display of stuffed animals along with a trash/treasure side for recycling. After the usual ice cream stop, they visited the Farmer’s Market at the Food Bank. • The 23rd Annual Old Timer’s Luncheon was held on August 16 with over 200 in attendance. The Dr. Isaak & Dr. Gaede families hosted the event and gave wonderful presentations on early life on the homestead and what it was like to be raised with “Bush Pilot Doctors”. • In late August, Tawni Eubank joined the Senior Center staff as the Activities & Volunteer Coordinator. The seniors have been very welcoming and each day she is getting more comfortable in her new surroundings. • The Administrative Assistant met with 26 independent seniors helping with various senior issues and paperwork. The Director attended the National Meals on Wheels Conference in Charlotte, NC attending workshops on Healthcare Partnerships, Data Collection, Grant Writing, and Digital Storytelling. 75 PURCHASE ORDERS BETWEEN $2,500 .00 AND $15,000.00 FOR COUNCIL REV IEW COUNCIL MEETING OF: SEPTEMBER 19, 2018 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT BEST TRANSIT MIX WINTER SAND REPLACEMENT STREETS OPERATING SUPPLIES 12,000.00 ALASKA INSTRUMENT WONDERWARE RENEWAL VARIOUS SOFTWARE 6 ,906.55 MERIDIAN SYSTEMS OPS HEATING SYSTEM REPAIR AIRPORT REPAIR & MAINTENANCE 3 ,400.00 NORTHERN SECURITY AMMUNITION POLICE OPERATING SUPPLIES 2 ,935.00 KENAI HISTORICAL SOCIETY CABIN HOST GRANT LEGISLATIVE GRANTS TO AGENCIES 4 ,000.00 MICRONET COMMUNICATIONS FREQUENCY COORDINATION NON-DEPARTMENTAL PROFESSIONAL SERVICES 3,850.00 NORTH STAR PAVING BALLFIELD TOPSOIL RECREATION OPERATING SUPPLIES 3 ,409.64 FOREMOST PROMOTIONS FIRE PREVENTION SUPPLIES FIRE OPERATING SUPPLIES 2 ,981 .02 COOL AIR MECHANICAL REPAIR AIR HANDLER BUILDI NGS REPAIR & MAINTENANCE 3 ,253.00 MICROSOFT WINDOWS SERVER EN POI NTE TECHNOLOGIES LICENSING FINANCE EQUIPMENT REPLACEMENT 13,625.73 76 Cook Inlet Regional Citizens Advisory Council Board of Directors Meeting September 7, 2018 – Kodiak, Alaska Directors Update From John Williams, President, Representing the City of Kenai The Cook Inlet Regional Citizens Advisory Council (CIRCAC) Board of Directors gathered this year at the Kodiak Best Western Inn and Convention Center where we were warmly welcomed by Kodiak Island Borough Mayor, Dan Rohrer. Chief among the meeting’s highlights, the U.S. Coast Guard honored CIRCAC with a Meritorious Public Service Award for outstanding work to improve navigation safety in Cook Inlet (see below). U.S. Coast Guard recognizes CIRCAC with the Meritorious Public Service Award The U.S. Coast Guard commended and memorialized CIRCAC’s continued vigilance to protect the safety and welfare of Cook Inlet waters with a Meritorious Public Service Award. The award recognizes outstanding support to the United States Coast Guard in safeguarding marine transportation and the environment. Captain Sean MacKenzie, Commander Sector Anchorage and Captain Patrick Hilbert, District 17 Chief of Prevention, made the presentation on behalf of the U.S. Coast Guard. Captain MacKenzie cited the Council’s sustained leadership and advocacy for a formal Navigation Risk Assessment following the grounding of the SEABULK PRIDE. For more than 17 years, beginning with convening a Navigational Safety Forum, CIRCAC advocated tirelessly for the Cook Inlet Navigation Risk Assessment, which was instrumental in creating the Cook Inlet Harbor Safety Committee. Captain MacKenzie praised the Cook Inlet Harbor Safety Committee as “the principal forum for maritime stakeholders to collaborate on best practices and standards of care. It is an indispensable venue for communication and coordination aimed at enhancing navigational safety and environmental stewardship throughout Cook Inlet.” President of the Board John Williams and Executive Director Mike Munger accepted the award on behalf of the Council. This is the second time CIRCAC has received this honor from the U.S. Coast Guard. CIRCAC was first recognized in 2010 for its response efforts during Mount Redoubt’s threat to the Drift River Oil Terminal. Left to right: Captain Sean MacKenzie, Commander Sector Anchorage; CIRCAC Executive Director Mike Munger, President of the Board John Williams, and Captain Patrick Hilbert, District 17 Chief of Prevention 77 Guests Among the many attendees, including the Mayor, were representatives from the Kodiak Chamber of Commerce, Alaska Department of Environmental Conservation (ADEC), the U.S. Coast Guard, Hilcorp Alaska, Cook Inlet Spill Prevention and Response, Inc., Alaska Chadux Corporation, Andeavor, Cook Inletkeeper, the Kodiak Daily Mirror, CIRCAC Public Committee Member, and general public. The Board was also joined on teleconference by Ex Officio members representing the Bureau of Ocean Energy Management (BOEM), the U.S. Forest Service, and Alaska Department of Natural Resources (ADNR), as well as a CIRCAC Director and staff. Ex Officio Directors Graham Wood, representing ADEC, reported the Unified Plan and Subarea Contingency Plans revisions should be signed within a week and the first Area Planning Committee meeting is October 29. ADEC is directly responding to each entity’s comments to the proposed changes, including CIRCAC’s. Mr. Wood also said ADEC is nearing completion of reviews of Hilcorp’s major amendment concerning the Cross Inlet Pipeline and Exploration Plan of Operations. ADEC may include some conditions to address concerns which CIRCAC expressed in their comments. Lastly, ADEC approved $200,000 in additional funding to Nuka Research to proceed with the Cook Inlet Pipeline Infrastructure Risk Assessment. Guests and Presenters gathered at the Best Western Kodiak Inn and Convention Center The Honorable Dan Rohrer, Mayor of the Kodiak Island Borough (left), and Mike Munger 78 Lt. Brent Mellen, U.S. Coast Guard, reported that an unannounced drill at the KPL Dock in July and platform inspections went well. David Fitz-Enz, U.S. Forest Service, said the department has published the Draft Land Management Plan and associated Draft Environmental Impact Statement for Chugach National Park, which are available for public review from August 4 to November 1. More information, including public hearings and meetings, can be found on the USFS website. Public Comments Matt Melton, Alaska Chadux Corporation, discussed their operations (mainly located in Western Alaska). He discussed the lessons learned from the Port William Shuyak Island Bunker C spill response, the most expensive “price per gallon” spill recovery in Alaska’s history. This led to the question, and ongoing discussions throughout the meeting, of who is in charge of keeping track of high risk sites throughout the state and what should be done to rectify the lack of information. Director Molly McCammon suggested that CIRCAC as an organization ask State, Federal and local government entities to create an inventory of potentially hazardous sites, since they siphon resources away from protecting Cook Inlet’s resources. Although docks and facilities have been documented, risks must be evaluated. This also led to discussion about the sharing of information and data during non-petroleum related incidents. Often resource agencies and responders rely on CIRCAC expertise and data. For example, CIRCAC’s Director of Science and Research, Susan Saupe, served as subject matter expert during the Cook Inlet methane gas leak, and provided valuable scientific and site-specific data and advice to assist during the Port Williams Shuyak Island and Kulluk incidents. However, information necessary for CIRCAC to provide the requested advice and data is often restricted. CIRCAC understands that information may not be ready for public dissemination; however, there should be a way for CIRCAC to be more formally brought into the process on a case by case basis. The Board recommended further discussion of these topics at the next Board meeting in November. Bob Shavelson, Cook Inletkeeper, spoke of his long-time relationship with CIRCAC as a former member of the Board and critic. He thanked the Board for its work and said he considers the organization vitally important. He credited the Executive Director with giving CIRCAC the autonomy it needs through changing the funding formula. Alaska’s RCACs are unique not only in Alaska, but in the world, and need support, he said, because of increasing tension between producers and citizens’ efforts to ensure they comply with law and protect public resources. He closed by saying the staff and board longevity are vitally important. Staff Reports (Highlights) *For complete reports, view the Board Packet online. Jerry Rombach, Director of Administration, will be initiating the board and election appointment process just prior to the next board meeting. Expiring terms include Recreation, Tourism, Municipality of Kodiak Chamber of Commerce Executive Director Frank Schiro and Community Relations Specialist Sarah Phillips joined us. 79 Anchorage, and City of Seldovia seats. He noted that CIRCAC has been recertified for the current year through August 31, 2019, corporate funding is up to date and the CIRCAC scholarships have been paid. Susan Saupe, Director of Science and Research, highlighted Environmental Monitoring Committee (EMC) activities and this summer’s extensive field season, including successful data collection for the Lower Cook Inlet Habitat Assessment Study, as well as the recovery of a drifter boat. She also finalized a major report to BOEM on Alaska Peninsula ShoreZone Habitat Mapping and highlighted the discussions at a workshop on Cook Inlet Physical Oceanography and Circulation Models. She noted that the new NOAA (National Oceanic and Atmospheric Administration) hydrographic model for Cook Inlet will need validation for oil spill response planning, a CIRCAC will have a major role. Her program will expend significant effort reviewing two upcoming pollutant discharge permits in Cook Inlet, including a multi- sector general permit that covers multiple facilities and discharges. We have received notice that a draft permit will be released in October for a 90-day public review. Responding to interest and concern expressed by the Board, Ms. Saupe will prepare a detailed presentation at the Board’s November meeting once the draft permit is available for review. Steve “Vinnie” Catalano, Director of Operations, attended the Alaska Regional Response Team (ARRT) meeting in April. Among the items of interest was a State of the Science for Dispersants in Arctic Waters presentation, which emphasized the importance of communicating findings to the public. The ARRT also discussed the Regional and Area Plan rewrite to replace Unified and Sub-Area plans. The Western Alaska Area Plan workgroup should begin its work to sort, vet, and update information to be retained from the Regional Plan and each Area Plan in the fall. Mr. Catalano has been appointed to chair the Harbor Safety Committee’s Harbor Safety Plan workgroup, which will discuss CIRCAC’s Self-Arrest study at its next meeting. Mr. Catalano also provided the Board with an operational update of Cook Inlet oil activities, including those of BlueCrest Energy, Furie Operating Alaska, Glacier Oil/Cook Inlet Energy, and Hilcorp Alaska LLC. (See Board Packet and Oil and Gas Activity Map for Cook Inlet for more details.) Since the last Board meeting in April, the PROTOCOL Committee submitted comments for the following: 08.09.18 Hilcorp Alaska LLC Cook Inlet Exploration Program #17-CP-5216-RFAI #2 07.10.18 Oil and Gas and Sulfur Operations (BSEE) 07.10.18 LO CI 18-001 Seaview Pad, Well Drilling and Testing 07.10.18 Proposed Changes to Alaska’s Planning Structure PRESENTATIONS Craig Hyder, Regional Manager Contingency Planning and Response for Andeavor, reported that Andeavor is merging with Marathon Petroleum Corporation on October 1. Marathon Petroleum Corporation is the logistics refining arm of Marathon Oil (and a different company). Jill Schaeffer, lead consultant for Stakeholder Engagement for Hilcorp (Owner of JCS Consulting) has been hired by Hilcorp to conduct public outreach regarding Hilcorp’s plans for seismic testing. Hilcorp has petitioned for Incidental Take Regulations and Associated Field Activity for a period of up to five years. Seismic offshore surveying could begin as early as April 1, 2019. Ms. Schaeffer said to contact her for any questions or concerns regarding this proposed program at jcsconsultinginak@gmail.com or 907-841- 8185. Director McCammon asked that any hydrographic data collected be shared with the Alaska Ocean 80 Observing System (AOOS). CIRCAC Executive Director Munger noted that CIRCAC has been following this issue closely and working with a contractor to produce a white paper to identify gaps of requirements between state and federal waters. This should be available at the next Board meeting. Mr. Munger suggested Hilcorp schedule meetings in Homer and with Cook Inletkeeper. Glenn Faulkner, Hilcorp/Harvest, (teleconference) provided an update on the Cross Inlet Pipeline Project. Hilcorp estimates the first oil will flow in late September or early October. The Board discussed the decommissioning of the Drift River Oil Terminal and what that would entail. The first priority will be to get as much oil out of Drift River by December, before the tankers are gone. Decommissioning will be closely coordinated with state and regulatory entities. Hilcorp owns Drift River property. Sierra Fletcher, Nuka Research, (teleconference) reported on the status of the Cook Inlet Pipeline Infrastructure Risk Assessment, including the scope, geography of scope, and three phase process of the project. Phases 1 and 2 are not yet complete; however, Nuka has prepared some preliminary inventory maps and a database key on individual pipelines. They are gathering input from operators on integrity management and loss of integrity incidents and have met with Hilcorp, Furie and Cook Inlet Energy, and will be meeting with Andeavor, on the process. Mr. Munger thanked ADEC for the $200,000 and noted that, in addition to that and funding from the Kenai Peninsula Borough, CIRCAC has also applied for a Tactical Assistance Grant through the Pipelines and Hazardous Materials Safety Administration (PHMSA), to additionally fund the assessment. Todd Paxton, General Manager of Cook Inlet Spill Prevention and Response, Inc. described CISPRI’s two-company organization—the Cook Inlet Oil Spill Response Organization (OSRO) and CISPRI Services LLC, which owns the assets and employs mariners. CISPRI has 34 full- time Nikiski-based employees. CISPRI’s area of operation includes Cook Inlet proper and the EEZ (exclusive economic zone) extending 200 miles offshore where tanker traffic enters and exits the Inlet. CISPRI contracts 70 fishing vessels to supplement their response team and trains with them several times a year. CISPRI also operates a Sea Otter Rehabilitation Center in Seldovia which can accommodate oiled sea birds. CIRCAC is an ex officio member on the CISPRI Board of Directors. Executive Committee and Executive Director’s Reports Board President John Williams reported that the Executive Committee met twice since last meeting, including joint meeting with Audit Committee and reviewed finances, budgets, personnel and board matters. Executive Director Mike Munger reported that CIRCAC’s long-time Budget and Grants Manager, Maritta Eledge, resigned and Vaito’a Heaven has been promoted to fill her position on a full-time basis and has hired Maddie Jamora as Administrative Assistant. In addition to joining Prince William Sound RCAC for Pacific Marine Expo, CIRCAC continues to look for opportunities to collaborate with the organization. Plans for next Board Meeting include a review of the strategic plan. CISPRI General Manager Todd Paxton 81 Calendar Glacier Oil IMT Drill, CISPRI, September 12, 2018, CISPRI PROPS Committee, October 12, 2018 Clean Gulf, November 13-15, 2018, Louisiana Andeavor/Tesoro Cook Inlet Vessel Plan, November 15, 2018, CISPRI Pacific Marine Expo, November 18-20, 2018, Seattle The Board of Directors will next meet for its year-end meeting on November 29 and November 30, 2018, in Anchorage. Photos by Lynda Giguere 82 83 SEPTEMBER 19, 2018 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to item D.1. Ordinance No. 3039-2018 • Memo and FEMA FIRM Panels City Manager • Possible Amendment Memo Councilmember Glendening Add to item D.4. Resolution No. 2018-51 • Amendment Memo City Manager MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: September 19, 2018 SUBJECT: Ordinance No. 3039-2018 – Laydown of FEMA FIRM Panels ____________________________________________________________________________ Attached as a laydown for consideration by the Kenai City Council are the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) panels used to evaluate whether a surface extraction permit application falls into the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas. The following FIRM panels cover the City of Kenai: Panel Number 02122CIND1B, Effective Date 10/20/16 Panel Number 02122CIND2B, Effective Date 10/20/16 Panel Number 02122CIND3B, Effective Date 10/20/16 Panel Number 02122CIND4B, Effective Date 10/20/16 Panel Number 0200122030B, Effective Date 10/20/16 Panel Number 0200122035A, Effective Date 05/19/81 Panel Number 0200122040B, Effective Date 10/20/16 Panel Number 02122C0105E, Effective Date 10/20/16 Panel Number 02122C0110E, Effective Date 10/20/16 Panel Number 02122C0120E, Effective Date 10/20/16 Panel Number 02122C0140E, Effective Date 10/20/16 These panels are available from the FEMA Flood Map Service Center website at the following web address: https://msc.fema.gov/portal/availabilitySearch?addcommunity=020114&communityName=KENA I,%20CITY%20OF#searchresultsanchor Case No.: 13-10-0607ADate: LOMA Federal Emergency Management Agency Washington, D.C. 20472 Page 1 of 2 March 28, 2013 COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION COMMUNITY AFFECTED MAP PANEL NUMBER: 0200122035A DATE: 5/19/1981 FLOODING SOURCE: KENAI RIVER KENAI PENINSULA BOROUGH, KENAI PENINSULA BOROUGH COUNTY, ALASKA Lots 4 and 5, Anglers Acres Subdivision Part Three, as shown on the Plat Map, recorded as File No. 78-168, in the Office of the Kenai Recording District, Alaska COMMUNITY NO.: 020012 DATUM: NAD 83 APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 60.544, -151.150 SOURCE OF LAT & LONG: ARCGIS 10 DETERMINATION DOCUMENT (REMOVAL) LETTER OF MAP AMENDMENT DETERMINATION STREET FLOOD ZONE LOWEST LOT ELEVATION (NGVD 29) BLOCK/ SECTION SUBDIVISIONLOT OUTCOME 1% ANNUAL CHANCE FLOOD ELEVATION (NGVD 29) LOWEST ADJACENT GRADE ELEVATION (NGVD 29) WHAT IS REMOVED FROM THE SFHA 4 --21.9 feet14.0 feetBStructure (House) 1035 Anglers DriveAnglers Acres Part Three -- Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) DETERMINATION TABLE (CONTINUED) PORTIONS REMAIN IN THE SFHA STUDY UNDERWAY This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the structure(s) on the property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This document amends the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605. Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Case No.: 13-10-0607ADate: LOMA Federal Emergency Management Agency Washington, D.C. 20472 Page 2 of 2 March 28, 2013 LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) DETERMINATION TABLE (CONTINUED) LOWEST LOT ELEVATION (NGVD 29) LOWEST ADJACENT GRADE ELEVATION (NGVD 29) 1% ANNUAL CHANCE FLOOD ELEVATION (NGVD 29) FLOOD ZONE SUBDIVISION STREETBLOCK/ SECTIONLOT WHAT IS REMOVED FROM THE SFHA OUTCOME 5 --Anglers Acres Part Three 1045 Anglers Drive Structure (Lodge) B 14.0 feet 16.9 feet -- PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the preceding 2 Properties.) Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. STUDY UNDERWAY (This Additional Consideration applies to all properties in the LOMA DETERMINATION DOCUMENT (REMOVAL)) This determination is based on the flood data presently available. However, the Federal Emergency Management Agency is currently revising the National Flood Insurance Program (NFIP) map for the community. New flood data could be generated that may affect this property. When the new NFIP map is issued it will supersede this determination. The Federal requirement for the purchase of flood insurance will then be based on the newly revised NFIP map. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605. Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Case No.: 18-10-1316ADate: LOMA Federal Emergency Management Agency Washington, D.C. 20472 Page 1 of 2 July 30, 2018 COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION COMMUNITY AFFECTED MAP PANEL NUMBER: 02122C0140E DATE: 10/20/2016 FLOODING SOURCE: KENAI RIVER CITY OF KENAI, KENAI PENINSULA BOROUGH COUNTY, ALASKA A portion of Government Lot 7, Section 10, Township 5 North, Range 11 West, Seward Meridian, as described in the Quitclaim Deed recorded as Document No. 2017-006630-0, in the Office of the Kenai Recording District, Kenai Peninsula Borough, Alaska COMMUNITY NO.: 020114 DATUM: NAD 83 APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY:60.537318, -151.196476 SOURCE OF LAT & LONG: LOMA LOGIC DETERMINATION DOCUMENT (REMOVAL) LETTER OF MAP AMENDMENT DETERMINATION STREET FLOOD ZONE LOWEST LOT ELEVATION (NGVD 29) BLOCK/ SECTION SUBDIVISIONLOT OUTCOME 1% ANNUAL CHANCE FLOOD ELEVATION (NGVD 29) LOWEST ADJACENT GRADE ELEVATION (NGVD 29) WHAT IS REMOVED FROM THE SFHA ----39.1 feet--X (unshaded) Structure (Residence) 1509 Barabara Drive---- Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) PORTIONS REMAIN IN THE SFHA NON-PARTICIPATING COMMUNITY This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the structure(s) on the property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This document amends the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500, Alexandria, VA 22304-6426. Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration Case No.: 18-10-1316ADate: LOMA Federal Emergency Management Agency Washington, D.C. 20472 Page 2 of 2 July 30, 2018 LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the preceding 1 Property.) Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. NON-PARTICIPATING COMMUNITY (This Additional Consideration applies to all properties in the LOMA DETERMINATION DOCUMENT (REMOVAL)) This community is currently either suspended from or not participating in the National Flood Insurance Program (NFIP); therefore, flood insurance is not available. To learn if this community has been reinstated in or has joined the NFIP, thus making flood insurance available, please call (800) 638-6620. The Flood Disaster Protection Act of 1973 (Public Law 93-234) provides that lenders regulated by, or whose deposits are insured by Federal Instrumentalities may not make loans that originate from, or are secured, insured, or guaranteed by a Federal government agency for improved real property or mobile homes located in a Special Flood Hazard Area (SFHA) in a suspended or non-participating community. They may however, make conventional loans secured by improved real property or mobile homes located in SFHAs because the mandatory purchase of flood insurance requirement does not apply to conventional loans. Such lenders must, however, notify the purchaser or lessee of such property that the flood hazard exists and whether or not Federal disaster assistance will be available to the property in the event of a flood disaster. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500, Alexandria, VA 22304-6426. Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration Case No.: 18-10-0500ADate: LOMA-OAS Federal Emergency Management Agency Washington, D.C. 20472 Page 1 of 2 February 14, 2018 COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION COMMUNITY AFFECTED MAP PANEL NUMBER: 02122C0140E DATE: 10/20/2016 FLOODING SOURCE: KENAI RIVER CITY OF KENAI, KENAI PENINSULA BOROUGH COUNTY, ALASKA Lot 1-A, Coyle's Landing - Miller Replat, as shown on the Plat recorded as Document No. 2006-96, in the Office of Borough Recorder, Kenai Peninsula Borough, Alaska COMMUNITY NO.: 020114 DATUM: NAD 83 APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY:60.538291, -151.195567 SOURCE OF LAT & LONG: LOMA LOGIC DETERMINATION DOCUMENT (OUT AS SHOWN) LETTER OF MAP AMENDMENT DETERMINATION STREET FLOOD ZONE LOWEST LOT ELEVATION (NAVD 88) BLOCK/ SECTION SUBDIVISIONLOT OUTCOME 1% ANNUAL CHANCE FLOOD ELEVATION (NAVD 88) LOWEST ADJACENT GRADE ELEVATION (NAVD 88) WHAT IS OUTSIDE OF THE SFHA 1-A ------X (unshaded) Structure (Residence) 1501 Barabara DriveCoyle's Landing - Miller Replat -- Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) PORTIONS REMAIN IN THE SFHA NON-PARTICIPATING COMMUNITY This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the structure(s) on the property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). The subject property is correctly shown outside the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. If the policy has been written using an incorrect zone, it can be endorsed to correct the zone for the current policy year and one prior policy term. Please contact the insurance agent or company involved to request endorsement of the policy. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500, Alexandria, VA 22304-6426. Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration Case No.: 18-10-0500ADate: LOMA-OAS Federal Emergency Management Agency Washington, D.C. 20472 Page 2 of 2 February 14, 2018 LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (OUT AS SHOWN) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the preceding 1 Property.) Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. NON-PARTICIPATING COMMUNITY (This Additional Consideration applies to all properties in the LOMA-OAS DETERMINATION DOCUMENT (OUT AS SHOWN)) This community is currently either suspended from or not participating in the National Flood Insurance Program (NFIP); therefore, flood insurance is not available. To learn if this community has been reinstated in or has joined the NFIP, thus making flood insurance available, please call (800) 638-6620. The Flood Disaster Protection Act of 1973 (Public Law 93-234) provides that lenders regulated by, or whose deposits are insured by Federal Instrumentalities may not make loans that originate from, or are secured, insured, or guaranteed by a Federal government agency for improved real property or mobile homes located in a Special Flood Hazard Area (SFHA) in a suspended or non-participating community. They may however, make conventional loans secured by improved real property or mobile homes located in SFHAs because the mandatory purchase of flood insurance requirement does not apply to conventional loans. Such lenders must, however, notify the purchaser or lessee of such property that the flood hazard exists and whether or not Federal disaster assistance will be available to the property in the event of a flood disaster. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500, Alexandria, VA 22304-6426. Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration MEMORANDUM TO: Mayor Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: September 19, 2018 SUBJECT: Ordinance No. 3039-2018 – Amending Kenai Municipal Code Relative to Conditional Use Permits for Surface Extraction and Associated Applications. Councilmember Glendening may offer the following amendment and requested that Council receive the information as a part of the laydown: Section 1. Amendment of Section 14.20.151 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.151-Application for Conditional Use Permit for Surface Extraction of Natural Resources, are hereby amended as follows: A. 14.20.151 Application for Conditional Use Permit for Surface Extraction of Natural Resources. … (a) A site plan, drawn to scale and prepared by the appropriate professional discipline registered or licensed as such by the State of Alaska under Alaska Statute Title 8, containing the following: … (7) Verification that the proposed surface extraction is outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as indicated by: A. the most current locally-approved Federal Emergency Management Agency Flood Insurance Rate (FEMA FIRM) map panels, or B. survey data from a surveyor registered or licensed in the State of Alaska showing the porposed site is outside of the 1% Annual Chance Flood Zone, 0.2% Annual Chance Flood Zone, or high-hazard coastal areas. Your consideration is appreciated. MEMORANDUM TO: Mayor Brian Gabriel THROUGH: Paul Ostrander, City Manger THROUGH: Terry Eubank, Finance Director FROM: Dan Castimore, IT Manager DATE: September 19, 2018 SUBJECT: Resolution 2018-51 Resolution 2018-51 permits the use of the equipment replacement fund for the project to update the City datacenter and will award a bid to the successful bidder for the data center server replacement. Due to scheduling challenges, the bid was opened today at 2:00pm. As such, resolution 2018-51 was included in the packet with blank spaces with the intention that they would be filled in at the meeting. One responsive bid was received and accepted today at 2:00pm. GCSIT $48,289.00 The lowest responsive bidder was GCSIT for the amount of $48,289.00. Please consider the following changes to fill in the blank spaces in resolution 2018-51. In the fifth WHEREAS, please insert the number 1 in the first blank, and GCSIT in the second blank space. The new WHEREAS will read: WHEREAS, the administration solicited competitive bids for replacement of computer servers and received 1 qualified bids with GCSIT providing the lowest responsive bid; and, In Section 2, please insert GCSIT in the first blank, and the amount of $48,289.00 in the second blank. The new Section will read: Section 2. That the City Manager is authorized to execute a contract with GCSIT, the lowest responsive bidder, in the amount of $48,289.00 for the purchase of network servers. Page 2 of 2 Subject: Resolution 2018-51 The recommended amendment reads as follows: I move to amend resolution 2018-51 by inserting into the 5th WHEREAS the number 1 in the first blank space, and GCSIT in the second blank space; and inserting into Section 2 GCSIT in the first blank, and the amount $48,289.00 in the second blank. Your support of the above amendment and passage of resolution 2018-51 is respectfully requested. Presentation on Great Land Trust and the Exxon Valdez Habitat Program Kenai River Projects Great Land Trust Conserving and stewarding lands and waters essential to the quality of life and economic health of Alaskans. David Mitchell, Conservation Director 1.Great Land Trust Background 2.Exxon Valdez Oil Spill Habitat Projects 3.Current Kenai River Projects 4.Request for support •Non-profit that protects land permanently and directly •Nearly 1,700 land trusts in USA •Lands protected include farms, wetlands, wildlife habitat, urban gardens and parks, forests, ranches, watersheds, coastlines, river corridors, and trails Since 1995, GLT has: •Completed 50 projects •Facilitated 36 conservation easements •Protected over 50,000 acres of land •Completed 21 public access projects. Currently, GLT is actively developing projects in over 9 communities, including Anchorage, Cordova, Kenai, Kenny Lake, Kodiak, Palmer, Talkeetna, Valdez, and Wasilla. Campbell Creek Estuary: 60 acres of wildlife habitat, open space, trails, and overlooks in Anchorage Bodenburg Butte: The Mat-Su Valley’s most popular hiking destination Eklutna River: Eight miles of coastline, including the estuary and Native Village of Eklutna educational fishery Termination Point: 1,000 acres of open space, habitat, and trails beloved by the residents of Kodiak Exxon Valdez Oil Spill Prioritization and Habitat Projects Exxon Valdez Oil Spill Lower Kenai River Projects Exxon Valdez Oil Spill Lower Kenai River Projects Exxon Valdez Oil Spill Lower Kenai River Projects 1.Landowners approached EVOS and expressed interest in selling for conservation 2.Lofstedt Property 10 acres adjacent to past EVOS Project 3.Shuey Property 12.5 acres adjacent to City of Kenai land and across from conserved land 4.Properties ranked high in GLT prioritization Exxon Valdez Oil Spill Lower Kenai River Projects Exxon Valdez Oil Spill Lower Kenai River Projects Aerial photo showing past EVOS project on the Kenai River Exxon Valdez Oil Spill Lower Kenai River Projects 1.Will complement multiple past EVOS projects and other conservation efforts on the Kenai River 2.Consistent with KRSMA management plan 3.The project has support from the State of Alaska ADFG, Alaska State Parks, EVOSTC based on unanimous support from its trustees from DEC, ADFG, ADOL, USFS, NOAA, and USDOI, and the Shuey and Lofstedt landowners. 4.Joint management agreement proposed by ADFG and Alaska State Parks Exxon Valdez Oil Spill Lower Kenai River Projects Consistent with the City of Kenai Comprehensive Plan 1.Ensure that Kenai has excellent parks and recreational facilities and opportunities (Goal 6). 2.Preserve and protect water features such as isolated wetlands, stream corridors, drainage areas, and riparian areas for open space and to enhance water quality (Objective PF-9). 3.Protect and enhance the natural resources and environment of the community (Goal 8). 4.Maintain and improve protection of the Kenai River its beaches, tidelands and wetland areas (Objective ER-1) 5.Preserve and protect water features such as isolated wetlands, stream corridors, drainage areas, and riparian areas for open space and to enhance water quality (Objective ER-7) Exxon Valdez Oil Spill Lower Kenai River Projects Timeline Landowners approach EVOS/ GLT expressing an interest in selling GLT conducts property research, meets with landowners and completes site visits GLT prepares a benefits report for the EVOS Trustee Council highlighting how the parcel benefits species and resources impacted by the Spill Trustee Council approves funding, receipt authority approved in FY19 State Budget Due diligence begins including: property appraisal, Phase I Environmental Site Assessment, City of Kenai and KPB support request, purchase agreement For more information: www.greatlandtrust.org Or find us on Facebook and Instagram: @greatlandtrust Questions? David Mitchell Conservation Director, Great Land Trust dmitchell@greatlandtrust.org 907-278-4995 Kenai City Council Meeting Page 1 of 3 September 19, 2018 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING SEPTEMBER 19, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment 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 PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Dave Mitchell, Conservation Director, Great Land Trust – Overview of the Exxon Valdez Oil Spill Trustee Council and their Projects on the Kenai River. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3039-2018 - Amending Kenai Municipal Code Sections 14.20.151-Application for Conditional Use Permit for Surface Extraction of Natural Resources, and 14.20.154-Issuance of Permit for Surface Extraction of Natural Resources, to Prohibit Surface Extraction of Natural Resources within the 100 Year and 500 Year Floodplains and Require Appropriate Professional Assistance with Site Plan Submittals. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3040-2018 - Amending Kenai Municipal Code Section 3.10.060 - Cruelty to Animals, to Require Owners Provide Adequate Care to Their Pets and Provide Clear Exceptions for Government Agencies and Others to Euthanize Animals and Remove Problem Animals When Necessary to Preserve Public Health Safety and Infrastructure. (Mayor Gabriel) 3. ADOPTED UNANIMOUSLY. Resolution No. 2018-50 – Declaring a Five-Foot Section Within Tract F, Leo T. Oberts Subdivision, a Replat of Oberts Tract A and Tract 1 of Highlands Subdivision Not Needed for a Public Purpose and Conveying a Right-of-Way Easement of the Same Description to the State of Alaska. (Administration) Kenai City Council Meeting Page 2 of 3 September 19, 2018 4. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2018-51 – Authorizing the Use of the Equipment Replacement Fund to Purchase Replacement Equipment for the City’s Data Center and Awarding a Contract for the Purchase of Network Servers to the Lowest Responsive Bidder. (Administration) 5. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2018-52 – Supporting and Authorizing the Use of a Portion of Daubenspeck Family Park for the Construction and Presence of a Kenai Dog Park. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of September 5, 2018 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified. 2. APPROVED UNANIMOUSLY. Action/Approval – Purchase Orders Over $15,000 3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Appointing Precinct Election Boards for the October 2, 2018 Election. (City Clerk) 4. APPROVED UNANIMOUSLY. Action/Approval – Authorizing the City Manager to Sign a Letter of Support for the Great Land Trust to Purchase two Properties from Private Landowners on the Kenai River as an Exxon Valdez Oil Spill Trustee Council Habitat Fund Project. (Administration) H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission • Sub-Committee Update 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT Kenai City Council Meeting Page 3 of 3 September 19, 2018 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – None. M. PENDING ITEMS 1. Action/Approval – Field of Flowers Signage (Council Member Knackstedt) [Clerk’s Note: This item was referred to the Beautification Committee and then the Airport Commission.] N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Cook Inlet Regional Citizen’s Advisory Council Report 3. Coordinated Entry System Invitation The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE SEPTEMBER 20, 2018 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s) at the above-referenced meeting . 1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3039-2018 -Amending Kenai Municipal Code Sections 14.20.151-Application for Conditional Use Permit for Surface Extraction of Natural Resources , and 14 .20 .154-lssuance of Permit for Surface Extraction of Natural Resources, to Prohibit Surface Extraction of Natural Resources within the 100 Year and 500 Year Floodplains and Require Appropriate Professional Assistance with Site Plan Submittals. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No . 3040-2018 -Amending Kenai Municipal Code Section 3.10 .060 -Cruelty to Animals, to Require Owners Provide Adequate Care to Their Pets and Provide Clear Exceptions for Government Agencies and Others to Euthanize Animals and Remove Problem Animals When Necessary to Preserve Public Health Safety and Infrastructure . (Mayor Gabriel) 3. ADOPTED UNANIMOUSLY. Resolution No. 2018-50 -Declaring a Five-Foot Section Within Tract F, Leo T. Oberts Subdivision , a Replat of Oberts Tract A and Tract 1 of Highlands Subdivision Not Needed for a Public Purpose and Conveying a Right-of-Way Easement of the Same Description to the State of Alaska. (Administration) 4. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2018-51 -Authorizing the Use of the Equipment Replacement Fund to Purchase Replacement Equipment for the City's Data Center and Awarding a Contract for the Purchase of Network Servers to the Lowest Responsive Bidder. (Administration) 5. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2018-52 -Supporting and Authorizing the Use of a Portion of Daubenspeck Family Park for the Construction and Presence of a Kenai Dog Park. (Administration) Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations , ordinances and/or resolutions may have been amended by the Council prior to adoption without further public notice. Ja ie Heinz, CMC, City Clerk Po t : September 20 , 2018 NOTICE OF PUBLIC HEARING SEPTEMBER 19, 2018 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City Council of the City of Kena i wi ll conduct a publ ic hearing on the following Ordinance(s) and /or Resolution(s ) on the above-noted meeting date: 1 . Ordinance No. 3039-2018 -Amending Kenai Mun icipal Code Sections 14.20 .15 1- Application for Conditional Use Permit for Surface Extraction of Natural Resources , and 14.20 .154-lssuance of Permit for Surface Extraction of Natural Resourc es , to Prohibit Surface Extraction of Natural Resources with in the 100 Year and 500 Yea r Floodplains and Requi re Appropriate Professional Ass istan ce w ith Si te Pla n Submittals. (Admin istration) 2 . Ordinance No. 3040 -2018 -Amending Kenai Mun icipal Code Section 3.10.060 - Cruelty to Animals , to Require Owners Provide Adequate Care to Their Pets and Provide Clear Exceptions for Government Agencies and Others to Euthanize Animals and Remove Problem Animals When Necessary to Preserve Public Health Safety and Infrastructure. (Mayor Gabriel) 3. Resolution No . 2018-50 -Declaring a Fi ve-Foot Secti on Wit hi n Tract F, Le o T. Oberts Subdivision , a Replat of Oberts Tract A and Tract 1 of Highland s Subdiv ision Not Needed for a Public Purpose and Con veying a Right-of-Way Easeme nt of the Same Des cript ion to the State of Alaska. (Administration) 4 . Resolution No. 2018-51 -Authorizing the Use of the Equipment Replacement Fund to Purchase Replacement Equipment for the Ci ty's Data Center and Awarding a Contract for the Purchase of Network Servers to the Lowest Responsive Bidder. (Administrat ion) 5. Resolution No. 2018-52 -Supporting and Authorizing the Use of a Portion of Daubenspeck Family Park for the Construction and Presence of a Kenai Dog Park . (Administration) The public hearing will commence at 6 :00 p.m ., or as soon thereafter as business permits, i n t he Kenai City Council Chambers, 210 Fidalgo Avenue , Kenai , Alaska, 996 11. All interested persons are invited to attend the meeting and participate in t he p ublic discuss ion . Written comments may be sent to the Kenai City Council , c/o Kena i City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and/or resolutions are ava ilable in the Office of the Kenai City Clerk and will be a vailable at the meeting for public re view. Please be ad vi sed , subject to legal limitations , ord inances and /or resolutions may be amended by the Counci l prior to ad o ption without further public notice .