HomeMy WebLinkAbout2018-10-03 Council Packet KENAI CITY COUNCIL - REGULAR MEETING
OCTOBER 03, 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.Tim Dillon, Kenai Peninsula Economic Development District – Update on Activities of Kenai
Peninsula Economic Development District.
KPEDD Update.pdf
C.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D.PUBLIC HEARINGS - None.
E.MINUTES
E.1.*Regular Meeting of September 19, 2018
09-19-18 Council Minutes - DRAFT.pdf
F.UNFINISHED BUSINESS - None.
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.*Ordinance No. 3041-2018 – Making Housekeeping Amendments to Kenai Municipal Code
16.05.160-Ordinance Levying Assessments, and 16.15.050- Establishment of Amount, After
Substantive Changes Were Recently Made to Kenai Municipal Code Title 16- Public 1
Kenai City Council Meeting Page 2
October 03, 2018
Improvement And Special Assessments. (Administration)
Ordinance No. 3041-2018.pdf
G.4.*Ordinance No. 3042-2018 – Amending Kenai Municipal Code Section 14.20.154-Issuance of
Permit for Surface Extraction of Natural Resources, to Provide Consistency in the Permitting
Process. (Administration)
Ordinance No. 3042-2018.pdf
G.5.*Ordinance No. 3043-2018 – Accepting and Appropriating a Donation from Hilcorp Energy
Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner.
(Administration)
Ordinance No. 3043-2018.pdf
G.6.*Ordinance No. 3044-2018 – Amending Kenai Municipal Code Section 3.05.070-Citation
Procedure, Amending and Renaming Kenai Municipal Code Sections 13.10.015-Minor
Offense Amendable to Disposition Without Court Appearance by Payment of a Fine, and
13.30.010-State Traffic Regulations Adopted, and Enacting a New Section of Kenai Municipal
Code Section 13.30.015-State Traffic Bail Forfeiture Schedules Adopted by Reference, to
Incorporate Additional Minor Offenses into Kenai City Code and Make Housekeeping Changes
to Comply with Changes to State Law and Court Procedures Regarding Minor Offenses.
(Administration)
Ordinance No. 3044-2018.pdf
G.7.Discussion – Review of State and City Smoking Laws. (City Attorney)
H.COMMISSION/COMMITTEE REPORTS
H.1.Council on Aging
09-18-18 COA Meeting Summary - DRAFT.pdf
H.2.Airport Commission
09-13-18 Airport Summary - DRAFT.pdf
H.3.Harbor Commission
• Sub-Committee Update
09-10-18 Harbor Summary - DRAFT.pdf
H.4.Parks and Recreation Commission
09-06-18 Parks & Rec Summary - DRAFT.pdf
H.5.Planning and Zoning Commission
H.6.Beautification Committee
09-11-18 Beauty Summary - DRAFT.pdf
H.7.Mini-Grant Steering Committee
I.REPORT OF THE MAYOR
J.ADMINISTRATION REPORTS
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Kenai City Council Meeting Page 3
October 03, 2018
J.1.City Manager
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
L.1.Discuss a Request for Renegotiation of Terms Regarding the Sale of Property Located at
10639 Kenai Spur Highway, Kenai, AK, Also Know as Lot 3A, Block 1, Spur Subdivision No.
1, 1983 Addition (the Bowling Alley Opportunity), Pursuant to AS 44.62.310(c)(1)(3) a Matter
of Which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the
City, and a Matter by which Law, Municipal Charter, or Ordinance are Required to be
Confidential.
Action/Approval – Authorize the City Manager to Renegotiate the Terms of the Bowling Alley
Opportunity and to Amend the Deed of Trust.
Bowling Alley Request.pdf
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
Thank you from Kenai Central High School Skills USA Advisor
KCHS Thank you.pdf
N.ADJOURNMENT
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.
3
2018 KPEDD
Kenai Update
Tim Dillon, Executive Director
www.kpedd.org
907-283-3335
Leadership to
Foster, Enhance and
Promote Economic
Development
4
5
K.P.E.D.D. –501C(4)
Non-Profit Regional Economic Development
Organization
Funding Sources
•Kenai Peninsula Borough
•US Dept. Commerce –Economic Development
Administration
•Business Incubation Center
6
Kenai Peninsula
Opportunities
501(C)(3)
Grant Support
for KPCA
Community
Events
7
Vision for Economic
Stability and Growth
Kenai Peninsula Borough
Regional Partnerships
Infrastructure & Technology
Workforce & Human Capital
Business Climate &
Entrepreneurship
Quality of Place
Knowledge Creation &
Dissemination
8
Projects, Programs & Partnerships
•Alaska LNG –Public Comment, Foreign Investors, Yamal Facility Tour
•AGDC Meetings –Russia, Community Meetings
•PRL Logistics -Blimps
•Kenai Peninsula Borough Land Management -Land Identified for Agricultural Use
•Homer Harbor Commission –Boat Haul Out
•2019 Industry Outlook Forum -Homer
•Nutrien Fertilizer Plant (Agrium)
•Comprehensive Economic Development Strategies
•Kenai Peninsula Regional Airport Authority
•Student Training Program –KPEDD & EXCEL
•BR&E Disaster Planning Survey
•Presentations to Assembly, Councils, Chambers & Community Groups
•2018 Industry Appreciation Day
•Outreach 9
Reports We Produce -Downloadable at www.kpedd.org
10
2018 2nd Quarter Report
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2018 Kenai Report
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Microloan Program
13
Workforce Development
14
Industry Outlook Forum
January 9th, 2019 -Homer
15
Thank You
Tim Dillon, Executive Director
tim@kpedd.org
907-242-9709
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KENAI CITY COUNCIL – REGULAR MEETING
SEPTEMBER 19, 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 19, 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
A quorum was present.
Also in attendance were:
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Jamie Heinz, City Clerk
Jacquelyn Kennedy, Deputy Clerk
3. Agenda Approval
Mayor Gabriel noted the following modifications to the packet:
Add to item D.1. Ordinance No. 3039-2018
• Memo and FEMA FIRM Panels
• Possible Amendment Memo
Add to item D.4. Resolution No. 2018-47
• Amendment Memo
MOTION:
Council Member Molloy MOVED to approve the agenda with noted revisions and requested
UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion.
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September 19, 2018
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.
Mayor Gabriel opened for 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.
COUNCIL MEMBER BOYLE ARRIVED AT 6:02PM
B. SCHEDULED PUBLIC COMMENTS
1. Dave Mitchell, Conservation Director, Great Land Trust – Overview of the Exxon
Valdez Oil Spill Trustee Council and their Projects on the Kenai River.
Conservation Director, Dave Mitchell provided an overview presentation of the Exxon Valdez Oil
Spill Prioritization and Habitat Projects, Great Land Trust background, current Kenai River
projects and a request for support.
C. UNSCHEDULED PUBLIC COMMENTS – None.
D. PUBLIC HEARINGS
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)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3039-2018 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.
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September 19, 2018
MOTION TO AMEND:
Council Member Glendening MOVED to amend 14.20.151(A)(7) in Section 1 of the Ordinance by
inserting a colon after “indicated by” and making the rest of the sentence criteria (A) replacing the
period with a comma and adding the word “or” at the end; Council Member Molloy SECONDED
the motion and requested UNANIMOUS CONSENT.
City Manager Ostrander clarified that the intent of the revision was to have a process in place if
an applicant disagreed with the FIRM Map, this would allow a local registered surveyor to
determine property line and verify that the criteria was met as part of the conditional use permit.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
MOTION TO AMEND:
Council Member Glendening MOVED to amend 14.20.151(a)(7) in Section 1of the Ordinance by
adding criteria (B) to read, “survey data from a surveyor registered or licensed in the State of
Alaska showing the proposed site is outside of the 1% Annual Chance Flood Zone, 0.2% Annual
Chance Flood Zone, or high-hazard coastal areas.” Council Member Boyle SECONDED the
motion.
There was discussion regarding surveyors being registered versus licensed by the State of
Alaska.
MOTION TO AMEND THE AMENDMENT:
Council Member Knackstedt MOVED to amend Section B, first line, deletion of the word “or,” and
replace with “and,” after the word “registered,” and replace “in,” with the word “by,” after the word
“licensed,”; Council Member Molloy SECONDED the motion and requested UNANIMOUS
CONSENT.
VOTE ON THE AMENDMENT OF AMENDMENT: There being no objections, SO ORDERED.
VOTE ON THE AMENDMENT:
Yay: Gabriel, Knackstedt, Molloy, Glendening, Navarre, Boyle
Nay:
MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend 14.20.151(a)(7) in Section 1 of the Ordinance by
replacing the word “or” with the word “and” before “high-hazard”, and 14.20.154(a)(4) to “or” with
the word “and” before “high-hazard”. Council Member Molloy SECONDED the motion and
requested UNANIMOUS CONSENT.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
Support for the Ordinance was expressed noting it continued to strengthen the City and protection
of the Kenai River, and provided more clear guidance to individuals interested in a conditional use
permit. 19
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September 19, 2018
VOTE ON THE AMENDED MAIN MOTION:
YEA: Molloy, Gabriel, Boyle, Navarre, Glendening, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
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)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3040-2018 and Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened the public hearing.
Resident, Lacey Janes spoke in support of this ordinance, expressing the importance of pets
being cared for adequately and having the necessary medical care.
There being no one else wishing to be heard, Mayor Gabriel closed the public comment.
Clarification was provided that this ordinance was to require pet owners to care for their animals,
including providing clean water, protection from weather, adequate veterinary care to prevent
physical suffering, and prevent animal cruelty. It was noted that it would allow agencies to
humanely trap or kill animals that were too injured to recover or if presented as a threat to human
safety or physical infrastructure. It was further noted that it would also allow families to harvest
their animals for livestock, or kill an animal in defense of physical or property safety.
It was clarified that this ordinance was not regarding permitted hunting.
VOTE:
YEA: Glendening, Navarre, Boyle, Knackstedt, Molloy, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
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 State of Alaska. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2018-50 and requested
UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion.
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September 19, 2018
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. 2018-51 – 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)
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2018-51 and Council Member
Knackstedt 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 Knackstedt MOVED to amend the resolution by inserting into the 5th whereas
clause 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 space, and the amount $48,289.00 in the second blank
space. Council Member Molloy SECONDED the motion and requested UNANIMOUS
CONSENT.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
The City Manager clarified that the dollar amounts in the 4th whereas clause would stay the same.
UNANIMOUS CONSENT was requested on the main motion.
VOTE ON THE AMENDED MAIN MOTION: There being no objections, SO ORDERED.
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)
MOTION:
Vice-Mayor Navarre MOVED to adopt Resolution No. 2018-52 and requested UNANIMOUS
CONSENT. Council Member Molloy SECONDED the motion.
Mayor Gabriel opened the public hearing.
Jodi Stuart, Committee Member of the Dog Park Planning Group spoke in support of
Daubenspeck Family Park over the other locations considered due to the overall amenities it
offered. Daubenspeck Family Park included recreation for families while being there with dogs,
and encouraged use of the Kenai trails down to the park and continuing. Steward further noted
ideas for partial use of the water on-site for dog sports.
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September 19, 2018
Lacey Jaynes brought her dog, Chomper forward expressing the importance of and support for
the dog park. She noted the only options currently were the Kenai beach or the Soldotna dog
park.
Dale Sandahl expressed strong support of the dog park in Kenai. He provided historical data that
in 2005/2006 the Council had plans drawn of Section 36 to offer an area next to the Soccer Fields
as a dog park, noting it could be beneficial to competitions and the current parking lot could be
expanded.
There being no one else wishing to be heard, Mayor Gabriel closed public comment.
VOTE: There being no objections, SO ORDERED.
E. MINUTES
1.*Regular Meeting of September 5, 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
MOTION:
Council Member Knackstedt MOVED approve purchase orders over $15,000 and requested
UNANIMOUS CONSENT. Vice-Mayor Navarre SECONDED the motion.
Support was expressed of continuous maintenance in the IT department.
VOTE: There being no objections, SO ORDERED.
3. *Action/Approval – Appointing Precinct Election Boards for the October 2, 2018
Election. (City Clerk)
Approved by the consent agenda.
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)
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September 19, 2018
MOTION:
Vice-Mayor Navarre MOVED to authorize the City Manager to sign a letter of support for the Great
Land Trust to facilitate the purchase of two properties from private landowners on the Kenai River
as an Exxon Valdez Oil Spill Trustee Council Habitat Fund Project and Council Member Molloy
SECONDED the motion.
It was suggested that legal look at the properties, specifically the part of the Lofstedt property
near Beaver Loop Road, to make sure the City’s interests can be met in the future.
UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – No report; next meeting October 11.
2. Airport Commission – It was reported that the Terminal Rehabilitation Project should
commence in October, with an anticipated completion date of December 2019;
representatives from FAA were in Kenai and very interested in the preservation and
updates at the Kenai Airport; two additional proposed projects were being discussed;
next meeting October 11.
3. Harbor Commission – It was reported the Harbor Commission would have more to
report following the determination by the Sub-Committee of the Commission’s roles
and responsibilities; next meeting October 8. The Sub-Committee met on September
18 and continued re-evaluation of Code as it pertained to the Harbor Commission.
4. Parks and Recreation Commission – It was reported the Kenai Parks Tour and
Commission meeting was on September 6, the weed-pull event in Kenai was on
September 8, and the Fall Pumpkin Festival will be held on October 13; next meeting
October 4.
5. Planning and Zoning Commission – The September 12 meeting was canceled; next
meeting on September 26.
6. Beautification Committee – It was reported the Committee met on September 11 and
reviewed the sign as requested by Council and recommended changes in the sign to
include a lighter background, raised letters and a similarity to other Kenai park signs;
a virtual tour follow-up was provided at the Committee meeting of the Parks tour for
those that were not in attendance; and there would be a City Department Scarecrow
Competition at the Fall Pumpkin Festival on October 13; next meeting on October 9.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Attended the Candidate Forum for Kenai City Council hosted by the Chamber of
Commerce;
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September 19, 2018
• Delivered a proclamation declaring September as Hunger Action Month and
recognized the Food Bank for their work;
• A TRASHercize event developed by the City Planner and Parks and Recreation
Department was upcoming; and
• The City Clerk’s Office was hosting an Employee Food Drive the month of
September and encouraged dropping off non-perishable food items.
J. ADMINISTRATION REPORTS
1. City Manager – P. Ostrander reported on the following:
• An internal working group held its first meeting as part of the process to re-write
Code regarding City owned lands within Airport lands;
• An Access Database was created for land classification and land policy use, and
the Temporary Land Technician starts on October 1;
• The Kenai Silver Salmon Derby was concluding this weekend;
• He met with the Police Department regarding significant change by legislature in
Peace Officer pay, and would require changes in the City’s compensation policy
to retain Police Officers; further discussion coming;
• The City would be extending the Kenai Chamber of Commerce contract to a
month-to-month through the fiscal year to allow the Visitors Guide work process
to continue and then do a Request for Proposal;
• He met with FAA today and they were supportive and noted the rehabilitation
project needed their support and the State support;
• There was no update on Bluff Erosion; awaiting the feasibility report before
moving forward; and
• He would be attending the annual International City/County Management
Association Conference.
2. City Attorney – S. Bloom reported Senate Bill 63, the no-smoking law, would go into
effect October 2. Bloom noted he would provide information at the next Council
meeting comparing State laws versus City laws and possible exemption options for
the City.
3. City Clerk – J. Heinz reported training for Parliamentary Procedures and Open
Meetings Act was ongoing; provided similar training to the Department liaisons
focusing on the Administrative side; noted the elections process was going smoothly,
absentee voting was ongoing while the Regular Election would be October 2; also
noted she put together a committee to review the solicited quotes for the City website
design update and facilitate in the re-design of it.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Brent Hibbert provided an update on recent action before the Kenai Peninsula Borough Assembly.
Kenai Chamber of Commerce and Visitor Center President, Johnna Beech provided an update
on current events.
Jodi Stuart invited the City Council to the Coordinated Entry Meeting on September 24 and
reiterated the importance of attendance to discuss the community as a system and what was
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September 19, 2018
needed to be a recipient of funding for housing, to increase employment, and decrease the
homeless situation. Stuart clarified the Coordinated Entry process is a separate process from
Continuum of Care, although it was all linked. She further noted Kenai has no emergency shelters
for homeless when the temperatures are dangerously low outside.
2. Council Comments
Council Member Knackstedt thanked the City Planner and Parks and Recreation Department for
their efforts in the City and coordinating events for the community. He additionally expressed a
hope for additional sampling of bacteria at the Kenai beach outside the fish season.
Council Members Molloy and Glendening thanked the Kenai Chamber for the luncheon today to
meet the City Council candidates; Molloy further expressed appreciation for Council Member
Boyle’s work and time on the Council.
Vice-Mayor Navarre noted the Alaska Municipal League (AML) Conference was occurring on
November 12 – 16. He added that he would be in Washington DC on October 23 attending the
Alaska Tour of the W hite House to discuss several state issues and he wanted to meet with the
City Manager and Alaska Municipal League Board to discuss topics to take with him.
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 8:23 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of September
19, 2018.
_____________________________
Jamie Heinz, CMC
City Clerk
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PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: OCTOBER 3, 2018
VENDOR DESCRIPTION
PERS PERS
HOMER ELECTRIC ELECTRIC USAGE
INVESTMENTS
VENDOR DESCRIPTION
DEPARTMENT ACCOUNT AMOUNT
VARIOUS LIABILITY 79 ,561 .70
VARIOUS UTILITIES 108,306 .35
MATURITY DATE AMOUNT Effect. Int.
26
PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF: OCTOBER 3, 2018
VENDOR DESCRIPTION DEPT.
DELL MARKETING FY19 COMPUTER REPLACEMENT VARIOUS
INCREASE OF EXISTING PURCHASE ORDER
VENDOR DESCRIPTION P.O.# -DEPT.
ACCOUNT AMOUNT
SMALL TOOLS 34,384.18
REASON AMOUNT TOTAL PO AMT
27
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manger
Terry Eubank, Finance Director
FROM: Dan Castimore, IT Manager
DATE: September 21, 2018
SUBJECT: Purchase Orders Over $15,000 – Computer Replacement Schedule/
Dell Marketing
During the FY19 budget process, the decision was made to change how the City budgets for
replacement computers. In the past, the City has replaced computers on an individual basis;
however, this makes budgeting difficult as the cost to each department can vary wildly from year
to year.
Beginning in FY19, departments will be charged based on the price of 1/5 of each computer each
year. The amount budgeted was $260 per computer, or $1,300 every five years. This will provide
for replacement of a $1,000 computer and a $300 monitor, or a $1,300 laptop. Because most
users have two monitors, and a monitor has a ten-year life, budgeting for one replacement every
five years is sufficient.
The total number of computers was split up over five years based on the original purchase date.
During the first round of replacements, through FY24, the average age of replacement will be 6.3
years. Beginning in FY25 computers will be replaced on a five-year schedule.
A request for equipment standardization and exemption from formal bid was approved by the City
Manager on August 28, 2018.
I requested quotes from four vendors and received a response from only one. The lowest price
was $34,384.18 from Dell Marketing. At this time I am recommending that the City completes the
purchase of this hardware from Dell Marketing.
Thank you for your consideration.
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_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Legal
CITY OF KENAI
ORDINANCE NO. 3041-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, MAKING
HOUSEKEEPING AMENDMENTS TO KENAI MUNICIPAL CODE 16.05.160-ORDINANCE
LEVYING ASSESSMENTS, AND 16.15.050- ESTABLISHMENT OF AMOUNT, AFTER
SUBSTANTIVE CHANGES WERE RECENTLY MADE TO KENAI MUNICIPAL CODE TITLE 16-
PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENTS.
WHEREAS, the City Council recently enacted Ordinance 3034-2018 which repealed and re-
enacted two Chapters of Title 16- Public Improvement and Special Assessments; and,
WHEREAS, two housekeeping changes are needed to fix a reference to a repealed code section
in KMC 16.15.050 and complete an incomplete reference in 16.05.160; and,
WHEREAS, these changes are necessary and will improve the consistency of the City’s Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section 16.05.160 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 16.05.160 –Ordinance Levying Assessments, is hereby amended as
follows:
(a) After the improvement has been completed and the actual cost ascertained, the City
Manager shall prepare and submit to the City Council an assessment roll containing a
description of the parcels in the special assessment district, the names of their record owners,
and the amounts of the assessments. The assessment roll shall be submitted with an
ordinance confirming the assessment roll and levying the assessments. The ordinance shall
provide for the levying of the assessment against the property included within the district and
may establish a sinking fund for payment of principal and interest on any bonds which may
be sold to finance the improvement. The ordinance shall also fix times of payment, schedule
of payments, rate of interest on unpaid installments, the date of delinquency of assessments,
and the penalty and interest to be paid on delinquent assessments. On delinquent
assessments, penalty shall be in accordance with the provisions of KMC 1.75.010.
The assessment roll shall be filed with the City Clerk at the time of the introduction of the
ordinance and shall be open to public inspection.
(b) The City Clerk shall give notice of the public hearing on the ordinance:
(1) By regular mail mailed not less than ten (10) days before the date of the hearing to
each record owner of a parcel in the district; and
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(2) By publication in a newspaper of general circulation at least once a week for four (4)
consecutive weeks.
(c) The notice mailed to each record owner in the district shall state that the assessment roll
is on file in the office of the City Clerk and is available for public inspection, the time and place
for the hearing of objections to an assessment, and the amount of the assessment to be
levied against the parcel.
(d) After the public hearing on the ordinance, the Council shall correct any errors or
inequalities in the assessment roll, and confirm the corrected roll by adoption of the
ordinance.
Section 2. Amendment of Section 16.15.050 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 16.15.050 – Establishment of Amount, is hereby amended as follows:
If the Council deems it necessary, the establishment of the amount of the “in-lieu payment” may
be processed as required by KMC 16.05.140 [10.070] through 16.05.160 [10.130] of this Code.
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 adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 day of October, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: October 3, 2018
Enacted: October 17, 2018
Effective: November 16, 2018
30
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: September 25, 2018
SUBJECT: Ordinance No. 3041-2018, Housekeeping Amendment to Title 16-Public
Improvements and Special Assessments
____________________________________________________________________________
The City Council Recently repealed and re-enacted two Chapters of Title 16-Public Improvements
and Special Assessments. After receiving the changes, the City’s code publisher pointed out two
sections of code that need clean up. First, KMC 16.05.160(a) references the City’s rate of penalty
in the last sentence but left off the actual code section (KMC 1.75.010) that provides for a rate of
penalty of 10 %. Second, KMC16.15.050 that deals with in-lieu payments contains a reference
that was repealed. The proposed ordinance provides the correct new reference.
Your consideration is appreciated.
31
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Sponsored by: Legal
CITY OF KENAI
ORDINANCE NO. 3042-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTION 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 PROVIDE
CONSISTENCY IN THE APPLICATION AND PERMITTING PROCESS.
WHEREAS, the Council enacted Ordinance 3039-2018, amending the permitting process for
surface extraction of natural resources on September 19, 2018; and,
WHEREAS, an amendment was made changing “or” to “and” in the following language “1%
Annual Chance Flood Zone, 0.2% Annual Chance Flood Zone, and [emphasis added] high-
hazard coastal areas” in two sections of the ordinance but was not amended in a third section;
and,
WHEREAS, the third section where this language occurs should be amended for consistency
purposes; and,
WHEREAS, amendments to the Ordinance allowed for Federal Emergency Management Flood
Maps or survey data to be used to assess proper location of material sites for the applicant’s
submittal process, but a complimentary amendment was not made allowing the Planning and
Zoning Commission to consider survey data when evaluating an application; and,
WHEREAS, in order to make both the submittal and evaluation process consistent, the evaluation
process in KMC 14.20.154 must be amended.
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, is hereby amended as follows:
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:
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(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), and 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 proposed site is outside of the 1% Annual Chance Flood Zone, 0.2%
Annual Chance Flood Zone, [OR] or high-hazard coastal areas.
(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;
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(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.
(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, is 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), and high-hazard
coastal areas. [AS INDICATED BY THE MOST CURRENT LOCALLY-APPROVED
FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE
(FEMA FIRM) MAP PANELS]
(5) The site plan provides that back slopes be a minimum of a 2:1 slope, except for
the contiguous working face;
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(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) 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;
(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;
(9) The extraction does not destroy the land for the purposes for which it is zoned;
(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;
(11) The applicant is the owner of the subject property;
(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 adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2018.
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BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Introduced: October 3, 2018
Enacted: October 17, 2018
Effective: November 17, 2018
36
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: September 25, 2018
SUBJECT: Ordinance No. 3042-2018, Amendment to Natural Resource Extraction
Review Process
____________________________________________________________________________
Ordinance No. 3042-2018, amending KMC 14.20.151 Application for Conditional Use Permit for
Surface Extraction of Natural Resources and KMC 14.20.154- Issuance of Permit for Surface
Extraction of Natural Resources, essentially just makes a housekeeping change. While Council
amended Ordinance 3039-2018 to change an “or” to an “and” in the following string “1% Annual
Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain),
and high-hazard coastal areas” in two places, it was missed in a third place,
KMC14.20.151(a)(7)(B), and needs to be changed there as well,
Additionally, while an amendment was made to allow for survey data or federal flood plain maps
to be used in the application for locating surface extraction material sites in KMC 14.20.151, a
similar amendment was not made to the review process in KMC 14.20.154 which only references
federal flood maps. The proposed amendments makes the two code sections consistent as
shown below:
KMC 14.20.151-Application for Conditional Use Permit for Surface Extraction of Natural
Resources, as amended:
(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), and 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 proposed site is outside of the 1% Annual Chance Flood Zone, 0.2%
Annual Chance Flood Zone, [OR] and high-hazard coastal areas. 37
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Ord. No. 3042-2018
KMC 14.20.154- Issuance of Permit for Surface Extraction of Natural Resources, as proposed to
be amended:
(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), and high-hazard coastal areas. [AS
INDICATED BY THE MOST CURRENT LOCALLY-APPROVED FEDERAL EMERGENCY
MANAGEMENT AGENCY FLOOD INSURANCE RATE (FEMA FIRM) MAP PANELS]
Your consideration is appreciated.
38
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Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3043-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING A DONATION FROM HILCORP ENERGY COMPANY TO ASSIST WITH THE
ANNUAL KENAI SENIOR CENTER THANKSGIVING DINNER.
WHEREAS, annually the Kenai Senior Center hosts a Thanksgiving Dinner that is open to seniors
from all over the Kenai Peninsula; and,
WHEREAS, the City has received a donation from Hilcorp Energy Company in the amount of
$3,500 for the purchase of food and supplies for hosting the event; and,
WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate this donation
for the purposes described above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept a donation from Hilcorp Energy
Company in the amount of $3,500 and to expend the donated funds to fulfill the purpose and
intent of this ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
Senior Fund:
Increase Estimated Revenues –
Donations $3,500
Increase Appropriations –
Congregate Meals – Operating Supplies $2,625
Home Meals – Operating Supplies 875
$3,500
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon adoption.
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Ordinance No. 3043-2018
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ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October,
2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: October 3, 2018
Enacted: October 17, 2018
Effective: October 17, 2018
40
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: September 24, 2018
SUBJECT: Ordinance No. 3043-2018 - Hilcorp Energy Company Donation
____________________________________________________________________________
Hilcorp Energy Company donated $3,500.00 for the Annual Peninsula Wide Senior Thanksgiving
Dinner, which will be held on November 20, 2018. This is the sixth year Hilcorp has provided
funding and volunteers for this event.
The Annual Peninsula Wide Senior Thanksgiving Dinner is a senior tradition that began in 1976.
A Homemakers Club provided and served the first meal to the seniors. From there it grew and
has been passed on through Unocal Oil, Agrium, and Marathon Oil. Since 2012, Hilcorp has
continued the tradition by providing the funding and the volunteers. The donation will be used as
follows:
Food $3,320.00
Centerpieces 180.00
Total Donation $3,500.00
Thank you for your consideration.
41
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Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3044-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTION 3.05.070-CITATION PROCEDURE, AMENDING AND
RENAMING KENAI MUNICIPAL CODE SECTIONS 13.10.015-MINOR OFFENSE AMENDABLE
TO DISPOSITION WITHOUT COURT APPEARANCE BY PAYMENT OF A FINE, AND
13.30.010-STATE TRAFFIC REGULATIONS ADOPTED, AND ENACTING A NEW SECTION OF
KENAI MUNICIPAL CODE SECTION 13.30.015-STATE TRAFFIC BAIL FORFEITURE
SCHEDULES ADOPTED BY REFERENCE, TO INCORPORATE ADDITIONAL MINOR
OFFENSES INTO KENAI CITY CODE AND MAKE HOUSEKEEPING CHANGES TO COMPLY
WITH CHANGES TO STATE LAW AND COURT PROCEDURES REGARDING MINOR
OFFENSES.
WHEREAS, the City currently prosecutes various minor offenses including certain state defined
traffic offenses adopted by the City as provided in KMC 13.10.015-Minor Offenses Amendable to
Disposition Without Court Appearance by Payment of a Fine, as well as offenses unique to the
City including offenses to property, animal control and driving and parking in certain areas of the
City; and,
WHEREAS, not all state defined traffic offenses that are minor offenses are currently incorporated
into City code, and while these non-incorporated minor offenses are still cited and prosecuted by
City Police Officers on behalf of the State, the City does not receive any monetary remuneration
or retain prosecutorial control; and,
WHEREAS, it is in the best interest of the City to incorporate all state traffic minor offenses into
City Code, so these minor offenses may be prosecuted by the City Attorney with monetary
remuneration, if any returning to the City and not the State; and,
WHEREAS, these changes will not result in additional burden to the Kenai Police Department
and the additional burden to the Legal Department in processing and prosecuting the new
offenses which include offenses such as not wearing a seatbelt and driving without insurance is
anticipated to be manageable; and,
WHEREAS, other housekeeping changes are needed to comply with state minor offense statutes
and court procedures to allow the City to successfully prosecute minor offenses that are not
incorporated state traffic offenses but instead offenses described in City Code including offenses
to property, animal control and driving and parking in certain areas of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
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Section 1. Amendment of Section 3.05.070 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 3.05.070 – Citation procedure, is hereby amended as follows:
3.05.070 – Citation [P]Procedure
(a) An officer may serve a summons and complaint in the form of a citation upon a person for
violating a provision of this chapter, or a term, condition, or limitation of a license issued
hereunder, or a City regulation promulgated under this title.
(b) A summons and complaint issued under this section shall contain a notice directing the
person to whom it is issued to appear [TO ANSWER TO THE CHARGE] in the [DISTRICT] Court
for the Third Judicial District of the State of Alaska at Kenai, or pay a fine to the City of Kenai.
(c) An officer who issues a summons and complaint under this section shall deposit the original
and a copy of the citation with [HIS] the officer’s immediate superior who shall forward the citation
to the [DISTRICT COURT FOR THE THIRD JUDICIAL DISTRICT OF THE STATE OF ALASKA
AT KENAI] City of Kenai Legal Department. [THEREAFTER, THE SUMMONS AND COMPLAINT
MAY BE DISPOSED OF ONLY BY OFFICIAL ACTION.]
[(D) A SUMMONS AND COMPLAINT IN THE FORM OF A CITATION THAT FULFILLS THE
REQUIREMENTS FOR A COMPLAINT UNDER THE DISTRICT COURT RULES OF CRIMINAL
PROCEDURE PROMULGATED BY THE SUPREME COURT OF THE STATE OF ALASKA
SHALL BE DEEMED A LAWFUL COMPLAINT FOR THE PURPOSE OF PROSECUTING A
VIOLATION OF THIS TITLE.]
([E]d) Mandatory Court Appearance shall be required:
(1) For a violation of KMC 3.10.020(c).
(2) For a violation of KMC 3.10.070(g).
(3) For all cruelty charges under this code.
[(4) UPON SECOND CITATION OF ALL OTHER PROVISIONS OF CHAPTER 3.10 IN
A TWELVE (12) MONTH PERIOD.]
Section 2. Amendment and Renaming of Section 13.10.015 of the Kenai Municipal Code:
That Kenai Municipal Code, Section 13.10.015 – Minor offenses amendable to disposition without
court appearance by payment of a fine, is hereby amended and renamed as follows:
13.10.015 – [MINOR OFFENSES AMENDABLE TO DISPOSITION WITHOUT COURT
APPEARANCE BY PAYMENT OF A FINE] Minor Offense Fine Schedule.
[IN ACCORDANCE WITH AS 28.05.151, A CITATION ISSUED FOR VIOLATION OF ANY OF
THE FOLLOWING SECTIONS OF THIS TITLE SHALL BE SUBJECT TO DISPOSITION WITH
PAYMENT OF A FINE IN LIEU OF A COURT APPEARANCE OR AS OTHERWISE
PRESCRIBED. VIOLATIONS COMMITTED WITHIN HIGHWAY WORK ZONES SHALL BE
SUBJECT TO DOUBLE THE FINE AMOUNT INDICATED.]
In accordance with AS 29.25.070(a), citations for the following offenses may be disposed of as
provided in AS 12.25.195-.230, without a court appearance, upon payment of the fine amounts
listed below or on the State of Alaska Uniform Minor Offense Tables for Title 28 and 13 AAC
offenses plus the state surcharge required by AS 12.55.039 and AS 29.25.074. Fines must be
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paid to the City of Kenai. The Rules of Minor Offense Procedure in the Alaska Rules of Court
apply to all offenses listed below. Citations charging these offenses must meet the requirements
of Minor Offense Rule 3. If a person charged with one of these offenses appears in court and is
found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense.
If an offense is not listed on this fine schedule or another fine schedule the defendant must appear
in court to answer to the charges.
The fine amounts are doubled for motor vehicle or traffic offenses committed in a highway work
zone, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b).
An offense may not be disposed of without a court appearance if the offense is in connection with
a motor vehicle accident that results in a death of a person.
[CODE VIOLATION] MINOR OFFENSE FINE SCHEDULE
CITE RULE/OFFENSE FINE
RULES OF ROAD
[1 13 AAC 02.050(a) DRIVING ON RIGHT REQUIRED $ 75.00
2 13 AAC 02.050(b) SLOWER TRAFFIC TO KEEP RIGHT 75.00
3 13 AAC 02.055(a) OVERTAKING ON RIGHT 150.00
4 13 AAC 02.060(c) RESTRICTIONS ON DRIVING LEFT OF CENTER 150.00
5 13 AAC 02.065(a) OVERTAKING ON LEFT 150.00
6 13 AAC 02.070 PASSING VEHICLE PROCEEDING IN OPPOSITE DIRECTION 100.00
7 13 AAC 02.075(b) NO PASSING ZONE 150.00
8 13 AAC 02.090 FOLLOWING TOO CLOSELY 100.00
9 13 AAC 02.080(b-c) WRONG WAY ON ONE-WAY STREET 150.00
10 13 AAC 02.085(a) DRIVING ON ROADWAYS LANED FOR TRAFFIC / IMPROPER
LANE CHANGE 75.00
11 13 AAC 02.095(a) VEHICLES RESTRICTED FROM CONTROLLED ACCESS
ROADWAY 100.00
12 13 AAC 02.095(c) CONTROLLED ACCESS ROADWAY, ENTERING OR EXITING 75.00
13 13 AAC 02.545(b) DRIVER TO EXERCISE DUE CARE 150.00
14 AS 28.35.410(a) NEGLIGENT DRIVING 300.00
RIGHT-OF-WAY
15 13 AAC 02.010(a)(3)(A) FAILURE TO STOP FOR STEADY RED TRAFFIC SIGNAL $150.00
16 13 AAC 02.120(a) VEHICLE APPROACHING INTERSECTION 90.00
17 13 AAC 02.125 VEHICLE TURNING LEFT 150.00
18 13 AAC 02.130(b) FAILURE TO OBEY STOP SIGNS 100.00
19 13 AAC 02.130(b-c) FAILURE TO YIELD AFTER STOPPING OR AT YIELD SIGN 150.00
20 13 AAC 02.135(b) STOP AND YIELD FROM PRIVATE ROAD OR DRIVEWAY 100.00
21 13 AAC 02.140(a-b) FAILURE TO YIELD TO EMERGENCY VEHICLE 150.00
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PEDESTRIAN RIGHTS AND DUTIES
22 13 AAC 02.150 PEDESTRIAN TO OBEY CONTROL DEVICES AND
REGULATIONS $ 40.00
23 13 AAC 02.155(a) DRIVER TO YIELD TO PEDESTRIAN IN CROSSWALK 100.00
24 13 AAC 02.155(b) PEDESTRIANS TO USE DUE CARE 50.00
25 13 AAC 02.155(c) DRIVER NOT TO PASS VEHICLE STOPPED FOR
PEDESTRIAN 75.00
26 13 AAC 02.155(d) PEDESTRIANS TO USE RIGHT HALF OF CROSSWALK 25.00
27 13 AAC 02.155(e) DRIVING THROUGH SAFETY ZONE 75.00
28 13 AAC 02.160(a-f) PEDESTRIAN CROSSING NOT IN CROSSWALK TO YIELD 40.00
29 13 AAC 02.160(e) PROHIBITED PEDESTRIAN CROSSING 40.00
30 13 AAC 02.160(d) PEDESTRIAN CROSSING AT OTHER THAN RIGHT ANGLE 25.00
31 13 AAC 02.175 ILLEGAL WALKING ON ROADWAY 40.00
32 13 AAC 02.180 PEDESTRIANS SOLICITING RIDES OR BUSINESS 50.00
33 13 AAC 02.190 DRIVER TO YIELD RIGHT-OF-WAY TO BLIND PEDESTRIANS 150.00
TURNING AND STARTING
34 13 AAC 02.200(a-c) TURNING MOVEMENT PROHIBITED OR RESTRICTED $75.00
35 13 AAC 02.205(a-b) IMPROPER U-TURN 75.00
36 13 AAC 02.210 IMPROPER START FROM PARKED POSITION 75.00
37 13 AAC 02.215(a-f) TURNING MOVEMENTS AND REQUIRED SIGNALS 75.00
SPECIAL STOPS REQUIRED
38 13 AAC 02.257 EMERGING FROM ALLEY, DRIVEWAY OR BUILDING $100.00
39 13 AAC 02.265 STOP REQUIRED WHEN TRAFFIC OBSTRUCTED 75.00
40 13 AAC 02.325(e) OVERTAKING AND PASSING SCHOOL BUS 3-19 OVER $ 8.00 PER
MILE
41 20 OR MORE OVER 12.00 PER
MILE SPEED RESTRICTIONS
42 13 AAC 02.275(a) SAFE SPEED UNDER CERTAIN HAZARDOUS CONDITIONS
(BASIC SPEED) $90.00
43 13 AAC 02.275(b) SPEED VIOLATIONS—DESIGNATED LIMITS 3-19 OVER 8.00 PER
MILE
44 20 OR MORE OVER 12.00 PER
MILE
45 13 AAC 02.280(a-d) SPEED VIOLATIONS—ALTERED LIMITS 3-19 OVER 8.00 PER
MILE
46 20 OR MORE OVER 12.00 PER
MILE
47 MINIMUM SPEED VIOLATION; IMPEDING TRAFFIC 60.00
48 13 AAC 02.325(d) SPEED VIOLATIONS—SCHOOL ZONES 3-9 OVER 12.00 PER
MILE
45
Ordinance No. 3044-2018
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New Text Underlined; [DELETED TEXT BRACKETED]
49 10-19 OVER 14.00 PER
MILE
50 20 OR MORE OVER 16.00 PER
MILE] OFF-ROAD [VEHICLES] VEHICLE OPERATION
[51]1 KMC 13.40.020(a[-F]) [OFF-ROAD VEHICLE OPERATION] On public or private
property without the express or implied consent of the owner,
authorized agent, or representative.
$100.00
2 KMC 13.40.020(b) On municipal park lands, except where specifically authorized,
municipal playgrounds and school playground areas except by
special authorization or in a specially designated area.
Notwithstanding, wheelchairs may be operated on park lands
and playgrounds by persons with mobility disabilities, subject to
the other provisions of this chapter.
$100.00
3 KMC 13.40.020(c) On a City or State maintained roadway, sidewalk, or on a path or
trail designated for bicycles or pedestrians, unless such travel is
necessary to go around an obstruction or hazard.
$100.00
4 KMC 13.40.020(d) On any City or State road right-of-way that has been
landscaped, seeded, or otherwise improved.
$100.00
5 KMC 13.40.020(e) In such a manner as to produce sufficient noise to disturb the
peace and quiet of another.
$100.00
6 KMC 13.40.020(f) In such a manner as to cause damage to improved property or
destruction to the terrain.
$100.00
[52]7 KMC 13.40.030 Special stops required 90.00
[53]8 KMC 13.40.050 Helmet required 100.00
[54]9 KMC 13.30.080 Operating vehicle in a prohibited area 100.00
ANIMALS
[55]10 KMC 3.10.010(a) [INTERFERENCE WITH PEACE OR PRIVACY] No person may
permit an animal which he owns to interfere with another
person’s reasonable right to peace or privacy by making
repeated or continued noise. (1st offense)
$ 50.00
[56]11 KMC 3.10.010(a) [INTERFERENCE WITH PEACE OR PRIVACY] No person may
permit an animal which he owns to interfere with another
person’s reasonable right to peace or privacy by making
repeated or continued noise. (2nd offense)
100.00
[57]12 KMC 3.10.020[(A, B
AND D)](b) [CONTROL AND CONFINEMENT OF ANIMALS] A person who
owns an animal other than a dog that is capable of annoying or
endangering other persons or damaging their property shall
keep the animal under restraint at all times. (1st offense)
50.00
[58]13 KMC 3.10.020[(A, B
AND D)](b) [CONTROL AND CONFINEMENT OF ANIMALS] A person who
owns an animal other than a dog that is capable of annoying or
endangering other persons or damaging their property shall
keep the animal under restraint at all times. (2nd offense)
100.00
14 KMC 3.10.020(c) A person who owns a vicious or dangerous animal shall at all
times either confine the animal in a building or a secure
enclosure, or otherwise secure the animal, as with a muzzle, so
it cannot injure other persons or their property. (1st offense)
50.00
15 KMC 3.10.020(c) A person who owns a vicious or dangerous animal shall at all
times either confine the animal in a building or a secure
enclosure, or otherwise secure the animal, as with a muzzle, so
it cannot injure other persons or their property. (2nd offense)
100.00
46
Ordinance No. 3044-2018
Page 6 of 8
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New Text Underlined; [DELETED TEXT BRACKETED]
16 KMC 3.10.020(d) A person who owns a female dog or cat in heat or during
ovulation shall keep the dog or cat under restraint in such a
manner that it cannot come into contact with a male of its
species except for planned breeding purposes, provided that a
female sled dog in heat shall be confined unless it is restrained
by proper harnessing in a team in such a manner that it cannot
come in contact with a male dog except for planned breeding
purposes. (1st offense)
50.00
17 KMC 3.10.020(d) A person who owns a female dog or cat in heat or during
ovulation shall keep the dog or cat under restraint in such a
manner that it cannot come into contact with a male of its
species except for planned breeding purposes, provided that a
female sled dog in heat shall be confined unless it is restrained
by proper harnessing in a team in such a manner that it cannot
come in contact with a male dog except for planned breeding
purposes. (2nd offense)
100.00
18 KMC 3.10.010(e) No person other than an officer performing his duties under this
title may release an animal from restraint without its owner’s
consent, except to preserve the animal’s life. (1st offense)
50.00
19 KMC 3.10.010(e) No person other than an officer performing his duties under this
title may release an animal from restraint without its owner’s
consent, except to preserve the animal’s life. (2nd offense)
100.00
[59]20 KMC 3.20.010 Failure to license a dog 25.00
[60]21 KMC 3.10.080 Failure to properly dispose of dog waste 50.00
22 KMC 3.15.050(a) Standards for operating facilities up to 500.00 PARKING
[61]23 KMC 13.10.060 Camping on private property $50.00
[62]24 KMC 13.30.030 Night Parking Prohibited 50.00
[63]25 KMC 13.30.035 Paid parking 50.00
[64]26 KMC 13.30.095 Parking prohibited on Kenai Avenue 50.00
[65]27 KMC 18.35.010 Overnight camping 50.00
[66 13 AAC 02.340 PARKING, STOPPING ON HIGHWAY 50.00]
[67]28 AR 6.05.010-030 Parking at Airport (1st offense) 25.00
[68]29 AR 6.05.010-030 Parking at Airport (2nd offense) 50.00 ABANDONED / JUNK VEHICLES / LITTERING
[69]30 KMC 12.20.010 Deposit of refuse (littering) [SEE KMC 12.20.010 FOR
APPLICABLE FINE AMOUNT] $500.00
[OR
$150.00]
31 KMC 12.20.010 No fish, fish carcasses, fish parts or offal may be deposited in
dumpsters or receptacles unless marked specifically to allow for
fish or fish parts.
150.00
[70]32 KMC 12.25.020 Abandonment of vehicle 100.00
[71]33 KMC 12.25.030 Junk vehicle 100.00
OFFENSES AGAINST PROPERTY
[72]34 KMC 13.20.030 Protection of North and South Shore—No physical damage 150.00
[73]35 KMC 13.20.030 Protection of North and South Shore—Physical damage 500.00
47
Ordinance No. 3044-2018
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New Text Underlined; [DELETED TEXT BRACKETED]
36 KMC 13.20.035 Burning of pallets and other wood materials containing metal
fasteners
50.00
[74] [ANY OFFENSE UNDER TITLE 13 OF THE ALASKA ADMINISTRATIVE CODE WHICH HAS
BEEN INCORPORATED BY REFERENCE UNDER KMC 13.30.010 AND IS NOT LISTED
ON THIS FINE SCHEDULE SHALL HAVE A FINE AMOUNT AS PROVIDED BY THE STATE
IN ADMINISTRATIVE RULE 43.1.]
Section 3. Amendment and Renaming of Section 13.30.010 of the Kenai Municipal Code:
That Kenai Municipal Code, Section 13.30.010 – State traffic regulations adopted, is hereby
amended and renamed as follows:
13.30.010 – State Traffic [Regulations] Laws Adopted by Reference.
[THERE IS INCORPORATED BY REFERENCE INTO THIS CODE, EXCEPT AS OTHERWISE
PROVIDED BY THIS CHAPTER, TITLE 13 OF THE ALASKA ADMINISTRATIVE CODE AND AS
28.35.410 (NEGLIGENT DRIVING) TO THE EXTENT THAT SUCH PROVISIONS ARE IN
EFFECT ON OR FOLLOWING THE DATE OF THE ORDINANCE CODIFIED IN THIS
CHAPTER] The City of Kenai adopts by reference all vehicle and traffic statutes and regulations
of the state of Alaska, creating minor offenses, as that term is defined in Minor Offense Rule 2 of
the Alaska Rules of Court, as they presently exist and as they may be revised in the future, as
part of the traffic code for the city.
Section 4. Enacting Section 13.30.015 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 13.30.015 – State traffic regulations adopted, is hereby enacted as follows:
13.30.015 – State Traffic Bail Forfeiture Schedules Adopted by Reference.
The City of Kenai adopts as its traffic fine schedule for state offenses the “Traffic Bail Forfeiture
Schedule” and the “Oversize Vehicle Bail Forfeiture Schedule” in Administrative Rules 43.1 and
43.6 of the Alaska Rules of court and any other bail forfeiture schedules relating to vehicles
adopted by the Alaska supreme Court. In addition, the City adopts all amendments of those
schedules that become effective after the effective date of this ordinance. Citations for offenses
listed on these schedules may be disposed of a provided in AS 12.25.195-.230, without a court
appearance, upon payment of the amounts listed plus the state surcharge required by AS
12.55.039 and AS 29.25.074. If a person charged with one of these offenses appears in court and
is found guilty, the penalty imposed for the offense may not exceed the amount listed for that
offense on the schedule. Citations charging these offenses must meet the requirements of Minor
Offense Rule 3 of the Alaska Rules of Court. If an offense is not listed on the fine schedule, the
defendant must appear in court to answer to the charges.
Section 5. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
48
Ordinance No. 3044-2018
Page 8 of 8
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New Text Underlined; [DELETED TEXT BRACKETED]
Section 6. 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 17th day of October,
2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: October 3, 2018
Enacted: October 17, 2018
Effective: November 16, 2018
49
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: September 28, 2018
SUBJECT: Ordinance No. 3044-2018
____________________________________________________________________________
The City prosecutes various minor offenses, some of which are defined in state law and
incorporated into City code by reference, such as basic speeding violations, and others which are
unique to the City, such as improper disposal of fish carcasses. While the Kenai Police
Department cites people for both violations of City law and State law, the City only processes and
prosecutes those state offenses incorporated into City code and unique City offenses. For State
citations that are not incorporated into City code, Kenai police officers represent the State in court
by themselves with any fine amount upheld going to the State. The City’s Legal Department and
Police Department believe it is in the City’s best interest to adopt all of the State defined minor
traffic offenses. While this will result in additional work to the Legal Department, it will allow the
City to retain prosecutorial discretion, enable the City attorney to represent the Kenai Police
Department in court on contested citations, and cause any fine amounts recovered to go to the
City instead of the State. The City Attorney’s office believes any additional work load will be
manageable. The additional State traffic offenses that would be incorporated into City code are
provided in the table below with corresponding fine amounts. Those that say “mandatory” require
the alleged violator to appear in court prior to a fine being paid. Those that include “correctable”
are violations that can be dismissed upon the person cited showing that they have fixed the
problem alleged within a given time period.
This Ordinance also addresses several housekeeping issues brought to the City’s attention by
the Alaska Court System administration. In recent years there have been changes to the State’s
Minor Offense Laws and Court System procedures, some of which the City has already complied
with and some of which still need to be addressed in this Ordinance. The changes in this
Ordinance primarily involve more specific descriptions of various City violations, for example
separately listing first and second violations in the City’s fine schedule and separately listing
subparts of violations that carry different fine amounts. For example, where the City used to list
littering in its fine schedule, there is now separately listed littering with fish carcasses and littering
other refuse, which carry separate fine consequences. The City has also added offenses to the
50
Page 2 of 3
Ordinance 3044-2018
fine table that are described in City code but not in the fine table, such as burning pallets on the
beach. The Legal Department has worked through its minor offense procedures and specifically
this Ordinance with help and review from Helen Sharratt, Integrated Justice Coordinator for the
Alaska Court System, and extends its gratitude for her efforts.
Your consideration is appreciated.
AS28.05.095(a) Failure To Wear Safety Belt (Age 16 And Older: Passenger Or
Driver)
$15.00
AS28.05.095(b) Fail To Properly Secure Child In Child Safety Device $50.00
AS28.05.095(b) Fail To Provide Child Safety Device-1st Offense (Correctable) $50.00
AS28.05.095(b) Fail To Provide Child Safety Device-2nd+ Offense $50.00
AS28.05.095(d) Illegal Removal Of Vehicle Seatbelt $15.00
AS28.10.171(b) Display Of Registration Plates - Securely Fastened Mandatory
AS28.10.451 Fail To Register Vehicle $90.00
AS28.10.461 Fail To Carry Certificate Of Registration In Vehicle $40.00
AS28.10.461 Plates/Decals/Permits Must Be Properly Attached And Displayed $75.00
AS28.10.471 Operating Vehicle w/ Expired Registration $90.00
AS28.10.471 Operating Vehicle W/Suspended/Revoked Registration $300.00
AS28.15.011(b) Drive without Valid Operator's License Mandatory
AS28.15.011(b) Driving With License Expired Less Than One Year $75.00
AS28.15.021(2) Drive With Out-Of-State License After 90 Days In State $75.00
AS28.15.021(6) Driving A Motor-Driven Cycle With Out-Of-State Drivers License
After 90 Days
$75.00
AS28.15.057(b) Operating A Vehicle In Violation Of A Provisional License $200.00
AS28.15.131 License to be Carried and Exhibited on Demand (Correctable) $50.00
AS28.15.281(a) Unlawful Use Of A Driver’s License $200.00
AS28.15.291(a)(2) Drive w/ License Cancelled/Suspended/Revoked Mandatory
AS28.15.291(a)(3) Drive in Violation of License Limitation Mandatory
AS28.22.019 Proof Of Insurance To Be Carried And Exhibited On Demand
(Correctable)
$500.00
AS28.35.029 Open Container Of Alcoholic Beverage In Motor Vehicle $200.00
AS28.35.031(e) Refusal To Submit To A Preliminary Breath Test $100.00
AS28.35.135(b) Failure to Notify Dept of Change of Name/Address $25.00
AS28.35.140(a) Obstruct Or Blocking Traffic $75.00
AS28.35.140(b) Turn Off Required When 5 Or More Vehicles Are Behind $100.00
AS28.35.145(e) Owner of Vehicle Which Illegally Passes a Stopped School Bus
w/ Flashing Red Lights
$75.00
AS28.35.155 Operating Vehicle w/Studded/Chained Tires When Prohibited
(Correctable)
$50.00
AS28.35.161(f)(1) Electronic Devices while Driving (No Injury) $500.00
AS28.35.180 Disobedience To Signal Of Officer Regulating Traffic $75.00
AS28.35.185(b)(2) Overtaking And Passing A Parked Emergency Vehicle - If No
Personal Injury
$150.00
AS28.35.235 Unauth Use of Parking for Persons w/ Disabilities while Displaying
Plate/Pemit-1st Off
$250.00
AS28.35.235 Unauth Use of Parking for Persons w/ Disabilities while Displaying
Plate/Pemit-2nd+ Off
$500.00
AS28.35.235 Unauthorized Use Of Parking Reserved For Persons With
Disabilities - First Offense
$250.00
AS28.35.235 Unauthorized Use Of Parking Reserved For Persons With
Disabilities - Second And Subs
$500.00
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Ordinance 3044-2018
AS28.35.251 Contained Or Confined Loads $300.00
AS28.35.253 Anti-Spray Devices Required (Correctable) $60.00
AS28.35.261 Low Speed Vehicle On Highway With Limit Above 35 MPH $100.00
AS28.35.410 Negligent Driving CMV Mandatory
AS28.35.410 Negligent Driving Not CMV Mandatory
AS28.39.010 Operating An Unregistered Snowmobile $50.00
AS28.39.040(e) Failure To Display Snowmobile Numbered Registration Decal $50.00
AS28.39.040(f) Fail To Carry Snowmobile Cert Or Reg Or Provide Identity Info $50.00
52
KENAI COUNCIL ON AGING
REGULAR MEETING
SEPTEMBER 18, 2018 – 4:30 P.M.
KENAI SENIOR CENTER
MEETING SUMMARY
1. CALL TO ORDER
Chair Pro-tempore Geller called the meeting to order at 4:30 p.m.
a. Pledge of Allegiance
Chair Pro-tempore Geller led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Members Present: V. Geller, B. Modigh
Members Absent: Chair R. Williams, Vice Chair D. Erwin, M. Milewski, L. Nelson,
A. Weeks
Staff/Council Liaison Present: Senior Center Director K. Romain, Council Member B. Molloy
No quorum was present.
c. Agenda Approval
2. SCHEDULED PUBLIC COMMENTS – None.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. August 9, 2018
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Discussion – Memorial Garden
b. Discussion – New Ideas for Senior Assistance
7. REPORTS
a. Senior Center Director
b. Council on Aging Chair
c. City Council Liaison
8. NEXT MEETING ATTENDANCE NOTIFICATION – October 11, 2018
9. QUESTIONS & COMMENTS
53
Council on Aging Meeting Page 2 of 2
September 18, 2018
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION – None.
12. ADJOURNMENT
Due to lack of quorum, the meeting was adjourned at 4:33 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jacquelyn Kennedy
Deputy City Clerk
54
KENAI AIRPORT COMMISSION
REGULAR MEETING
SEPTEMBER 13, 2018 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Feeken called the meeting to order at 6:02 p.m.
a. Pledge of Allegiance
Chair Feeken led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
G. Feeken, D. Pitts, C. Henry, J. Bielefeld, P. Minelga, J.
Zirul
K. Dodge
Staff/Council Liaison Present: Airport Manager M. Bondurant, Administrative Assistant E.
Shinn, Council Member J. Glendening
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Zirul MOVED to approve the agenda and Commissioner Bielefeld SECONDED
the motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENT – None.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. July 12, 2018
MOTION:
Commissioner Bielefeld MOVED to approve the meeting summary of July 12, 2018 and
Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS – None.
55
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Airport Commission Meeting Page 2 of 3
September 13, 2018
6. NEW BUSINESS
a. Discussion – FY19 Proposed Float Plane Basin Project
It was noted the proposed project was previously designed and it was a $3.1 million project.
Administration planned to secure funds when funds were available. The project was developed in
2010 so there would be an update of the Environmental Assessment.
b. Discussion – FY19 Proposed Upgrade and Rehabilitation of Alaska Regional Fire
Training Facility
It was noted FAA would support the upgrade and rehabilitation of the Alaska Regional Fire
Training Facility with discretionary funds. It was further noted the facility was aging and it would
be a $3.2 million project.
7. REPORTS
a. Airport Manager – Bondurant reported on the following:
• The Terminal Rehabilitation Project is scheduled to begin in October;
• The Fencing Project would be re-bid in FY2019;
• All pavement at the Airport will be evaluated by the State of Alaska Department
of Transportation mid-September;
• Administration currently working on Security Plan changes and the Airport
Emergency Control Plan;
• She would be attending the Essentials of Airport Business Management
Conference in Anchorage on September 15 – 16;
• FAA scheduled to visit the Kenai Airport on September 19;
• She would be attending the Annual Northwest Chapter American Association
of Airport Executives Conference in Seattle on September 23 – 26;
• The annual Snow and Ice Control Meeting was scheduled for October 24; and
• The annual tabletop review of the Airport Emergency Control Plan meeting was
scheduled for October 30.
b. City Council Liaison – Glendening reported on the September 5 City Council meeting
actions.
8. NEXT MEETING ATTENDANCE NOTIFICATION – October 11, 2018
9. COMMISSIONER COMMENTS AND QUESTIONS
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS
a. 2018 Float Plane Basin Activity
b. July 2018 Enplanements
c. July 2018 Airport Manager Mid-Month Report
d. August 2018 Airport Manager Mid-Month Report
e. September 2018 Airport Manager Mid-Month Report
f. Guidance on Unmanned Aircraft Systems Detection and Countermeasures Update
56
____________________________________________________________________________________
Airport Commission Meeting Page 3 of 3
September 13, 2018
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 6:50 p.m.
Meeting summary prepared and submitted by:
___________________________________
Jacquelyn Kennedy
Deputy City Clerk
57
KENAI HARBOR COMMISSION
SEPTEMBER 10, 2018 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR CHRISTINE HUTCHISON, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Hutchison called the meeting to order at 6:03 p.m.
a. Pledge of Allegiance
Chair Hutchison led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: Chair C. Hutchison, Vice-Chair N. DuPerron,
G. Greenberg, B. Peters, C. Crandall, J. Desimone
Commissioners absent: M. Dunn
Staff/Council Liaison present: Public Works Director S. Curtin, Council Member J.
Glendening
A quorum was present.
c. Agenda Approval
It was noted an Acquisition of Kenai Landing Property memo was provided as a laydown to
discuss as Unfinished Business, Item 5(a).
MOTION:
Commissioner Peters MOVED to approve the agenda with the addition of Unfinished Business
Item 5(a) and Commissioner Crandall SECONDED the motion. There were no objections; SO
ORDERED.
2. SCHEDULED PUBLIC COMMENTS – None.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. August 6, 2018
MOTION:
Commissioner DuPerron MOVED to approve the meeting summary of August 6, 2018; and
Commissioner Crandall SECONDED the motion. There were no objections; SO ORDERED. 58
____________________________________________________________________________________
Harbor Commission Meeting Page 2 of 3
September 10, 2018
5. UNFINISHED BUSINESS
It was requested to include discussion of No Wake Signage on the next meeting agenda.
a. Discussion – Acquisition of Kenai Landing Property
Commissioners reviewed the memo and expressed appreciation for the update.
6. NEW BUSINESS
a. Discussion – Harbor Commission Sub-Committee Update
It was noted the Sub-Committee thoroughly reviewed Kenai Municipal Code Title 11 and Chapter
1.90. It was further noted that the roles and responsibilities of the Harbor Commission were being
discussed and an update should be available in November.
b. Discussion – Harbor Commission Focus for Coming Year
It was suggested to move this discussion item to future meetings, waiting until the Sub-Committee
has concluded the roles and responsibilities of the Commission.
The Public Works Director noted interest in inviting David Chassik to the October Commission
meeting regarding using the City Dock and cranes. There were no objections.
7. REPORTS
a. Public Works Director – S. Curtin reported the City Dock project was on hold for
repairs to some earthquake damage.
b. Commission Chair – Hutchison noted interest in having mailer invitations sent to
the list of fisheries, inviting them to the next Harbor Commission meeting.
c. City Council Liaison – Council Member Glendening reported on the August 15
and September 5 Council Meeting actions.
8. NEXT MEETING ATTENDANCE NOTIFICATION – October 8, 2018
Commissioner Peters noted he will not be at the next meeting. Commissioner Greenberg noted
he may not be at the next meeting.
9. COMMISSIONER COMMENTS AND QUESTIONS
Commissioners inquired about the total money earned on this year’s personal use fishery and/or
a report of the dipnet season.
Commissioners expressed thanks for the Sub-Committee’s efforts and update.
Remembrance was noted of September 11 and that September 17 is United States Constitution
Day.
10. ADDITIONAL PUBLIC COMMENT – None.
59
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Harbor Commission Meeting Page 3 of 3
September 10, 2018
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 6:53 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jacquelyn Kennedy
Deputy City Clerk
60
KENAI PARKS & RECREATION COMMISSION
SEPTEMBER 6, 2018 – 7:00 PM
KENAI CITY COUNCIL CHAMBERS
VICE-CHAIR NOEL WIDMAYER, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Vice-Chair Widmayer called the meeting to order at 7:10 p.m.
a. Pledge of Allegiance
Vice-Chair Widmayer led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners present: Vice-Chair N. Widmayer, J. Joanis, S. Kisena, J. Halstead
Commissioners absent: Chair C. Stephens, T. Wisniewski, F. Perez
Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Member H.
Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Kisena MOVED to approve the agenda as presented; Commissioner Halstead
SECONDED the motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENTS – None.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. August 2, 2018
MOTION:
Commissioner Halstead MOVED to approve the meeting summary of August 2, 2018 and
Commissioner Kisena SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
61
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Parks and Recreation Commission Meeting Page 2 of 3
September 6, 2018
a. Parliamentary Procedures and Open Meetings Act Training
The City Clerk provided an informational handout and provided training regarding matters of
parliamentary procedures and Open Meetings Act. Some topics included proper motion process,
amendments, and other pertinent and relative matters following Robert’s Rules of Order.
b. Discussion – Parks Tour
The Parks and Recreation Director thanked the Commissioners present for attending the Parks
Tour. It was noted due to time constraints, not all the areas were visited but it was reiterated that
the tour was helpful for the Commission to gauge condition at park areas and showcase the work
of the department.
Commissioners expressed thanks to the Parks and Recreation Department and Director for the
tour.
c. Discussion – Lawton Drive Extension Draft Sign
The Parks and Recreation Director noted the department was moving forward with including the
Lawton Drive extension route in the City’s trail system. Additionally, part of this would be allowing
legal all-terrain vehicle (ATV) use. It was clarified the current ATV use was prohibited but damage
was being done at the gates caused by ATV’s going around them and the fencing.
It was noted that good signage was key and Commission members were asked to provide
comments and feedback on the draft sign provided in the packet. Several formatting ideas were
suggested, including making some of the specific language in larger font as it pertained to possible
enclosures, leaving space for additional language in the future, and creating a separate motorized
vehicle use sign altogether that listed the specific do’s and don’ts. It was the consensus of the
Commission that any language used should be consistent with City Code and not convey the
message that motorized use was allowed on other trails.
MOTION:
Commissioner Halstead MOVED to table this item allowing the Director time to make formatting
changes, and Commissioner Joanis SECONDED the motion. There were no objections; SO
ORDERED.
7. REPORTS
a. Parks and Recreation Director – B. Frates reported on the following events:
• The Community Weed-Pull event scheduled for September 8;
• The Kenai River Marathon scheduled for September 30; and
• The Fall Pumpkin Festival scheduled for October 13.
Director Frates reported other projects accomplished included tree planting, seeding and
landscaping at Daubenspeck Family Park, Fine Arts Guild, Beaver Creek Park, and
recapping trails at the Wildflower Gardens.
b. Commission Chair – Vice-Chair Widmayer thanked the Parks and Recreation
Director for the Parks Tour.
62
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Parks and Recreation Commission Meeting Page 3 of 3
September 6, 2018
c. City Council Liaison – H. Knackstedt reported on the action agenda of the
September 5 City Council meeting, including approval of extension lease agreement
of the Golf Course, and a presentation by the Kenai Watershed Forum regarding
bacteria testing at the mouth of the Kenai River.
8. NEXT MEETING ATTENDANCE NOTIFICATION – October 4, 2018
9. COMMISSION QUESTIONS & COMMENTS
Commissioner Halstead informed members of his resignation from the Parks and Recreation
Commission.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION – None.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:45 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jacquelyn Kennedy
Deputy City Clerk
63
KENAI BEAUTIFICATION COMMITTEE
REGULAR MEETING
SEPTEMBER 11, 2018 – 6:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR LISA GABRIEL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Gabriel called the meeting to order at 6:05 p.m.
a. Pledge of Allegiance
Chair Gabriel led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Committee Members present: Chair L. Gabriel, Vice Chair S. Peterson, K. Reed, B.
Madrid, T. Wilson
Committee Members absent: R. Sierer, T. Canady
Staff/Council Liaison present: Parks and Recreation Director B. Frates, Council Member
B. Molloy
A quorum was present.
c. Agenda Approval
MOTION:
Committee Member Wilson MOVED to approve the agenda; and Committee Member Reed
SECONDED the motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENTS – None.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. May 8, 2018
MOTION:
Committee Member Reed MOVED to approve the May 8, 2018 meeting summary and Committee
Member Wilson SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS 64
___________________________________________________________________________________
Beautification Committee Meeting Page 2 of 4
September 11, 2018
a. Parliamentary Procedures and Open Meetings Act Training
The City Clerk provided a presentation covering Parliamentary Procedures and the Open
Meetings Act. Following the presentation there was an opportunity for the Committee members
to ask questions and gain further understanding and clarification.
b. Action/Approval – Field of Flowers Signage
The Parks and Recreation Director referred to the memorandum in the packet, noting the City
Council request for the Beautification Committee to weigh in on the proposed sign for the Field of
Flowers. It was noted the Airport Commission had been working on this project for about a year
and that the Commission Chair was in the audience to answer any questions.
Discussion points centered on type, size, and overall design with concerns that the sign not
detract from the overall “organic” experience of the Wildflower Gardens, and that the sign was
readable from a distance. It was also expressed that the sign should be similar to other wooden
(cedar) signs throughout the city with raised lettering. Examples of similar signs for uniformity
were noted, including Airport Triangle, Steve Shearer Memorial Ball Park, and Old Town Cabins.
It was clarified that some of these types of signs were designated park properties while the Field
of Flowers was Airport Lands and not a park.
It was explained that City Council had similar discussions regarding the design of the sign and
was seeking input by the Beautification Committee for recommendations, including accepting the
current design, no action recommended or suggesting specific changes.
MOTION:
Commissioner Reed MOVED to recommend the sign as presented and have the “Field of
Flowers” lettering raised; Commissioner Madrid SECONDED the motion.
MOTION TO AMEND :
Commissioner Madrid MOVED to amend by recommending lightening the background and have
the raised lettering in white; Commissioner Wilson SECONDED the motion.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
VOTE ON THE MAIN MOTION:
Yea: Reed, Wilson, Madrid, Gabriel, Peterson
Nay:
MOTION PASSED UNANIMOUSLY.
c. Discussion – Rock Garden
The Parks and Recreation Director explained how the idea of a Rock Garden was brought forward
and reported that several locations were evaluated, including the Leif Hansen Memorial Park. It
65
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Beautification Committee Meeting Page 3 of 4
September 11, 2018
was noted that the shrub area near the Fountain was renovated this summer and could possibly
be a designated rock garden.
Committee Members expressed support of the idea and it was suggested possibly incorporating
stepping-stones. It was recommended to first consult the Wisniewski and Hansen families.
MOTION:
Committee Member Reed MOVED to approve the rock garden, pending approval and support
from the Hansen and Wisniewski families; Committee Member Madrid SECONDED the motion.
There were no objections; SO ORDERED.
d. Discussion – Beautification Tour Follow-Up
The Parks and Recreation Director thanked Committee members that went on the tour and
presented a virtual tour of the flowerbeds for those that were not on the tour. Various beds were
reviewed with general questions and answers throughout.
It was recommended to include this item on the next meeting agenda for continued discussion.
There were no objections.
7. REPORTS
a. Parks & Recreation Director – B. Frates reported the following projects completed:
• The seeding project at Daubenspeck Park near the shelters;
• Seeding and tree planting at the Kenai Fine Arts Guild; and
• Re-capping of trails at the Field of Flowers.
Director Frates further reported that attendance at the weed-pull activity at the Municipal Park on
September 8 was not heavily attended but some work was accomplished. It was noted a
representative from the Kenai Watershed Forum assisted with handouts and answering questions
regarding invasive weeds. Director Frates indicated the need for re-strategizing to get more
interest next year.
b. Committee Chair – L. Gabriel thanked the Parks and Recreation Department for
offering the tour of the flowerbeds in Kenai.
c. City Council Liaison – B. Molloy reviewed the action agenda of the September 5
Council Meeting, including an update on the potential for a dog park in Kenai. Council
Member Molloy thanked the Parks and Recreation Department for putting together the
various slides and printouts of the City’s flowerbeds.
8. NEXT MEETING ATTENDANCE NOTIFICATION – October 9, 2018
9. COMMITTEE MEMBER QUESTIONS AND COMMENTS
The Parks and Recreation Director provided a list of activities planned, so far for this year’s
Pumpkin Festival, including some food truck vendors. Commissioners expressed interest and
support in the upcoming Pumpkin Festival. It was noted that displays of decorated turkeys or
something similar would be a fun addition this year. It was additionally noted that last year,
66
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Beautification Committee Meeting Page 4 of 4
September 11, 2018
Committee members assisted with putting together a giveaway basket of goodies and it was
something to consider for this year’s event.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION
12. ADJOURNMENT
There being no further business before the Committee, the meeting was adjourned at 8:16 p.m.
Meeting summary prepared and submitted by:
___________________________________
Jacquelyn Kennedy
Deputy City Clerk
67
Greetings Kenai City Council;
SGGC is an LLC comprised of Sue Chang, George Wright, & Glenn/Charlie Yamada. We
have worked very closely with our fmancial advisor, David Valdez and Cliff Cochran from the Small
Business Development Center. Together we have completed all the Federal requirements for a
USDA loan guarantee.
The Native American Bank has requested the City of Kenai subordinate and take second position.
We further request that the city of Kenai extend the note by an additional two years at an interest
rate of 2.75% to complete the planning, permitting and Code upgrades.
One of the hiccups we have encountered in this loan process is just how specialized the business of
a bowling alley is. Coupled with the fact that we are classified as a startup, and the equipment is
specialized.
The bowling alley will bring many people of all ages and abilities, accompanied by an event planning
venue able to accommodate more people than other facilities on the Kenai Peninsula. The venue
will also be a home base for entertainment acts to be put on display.
The entire facility will be serviced by a restaurant and liquid refreshments to make this a family
friendly faci li ty that is one of a kind for people of all ages to participate simultan eously .
We ask the City Council consider this request.
Sincerely,
Sue Chang, George Wright, Glenn & Charlie Yamada
68
PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW
COUNC IL MEETING OF: OCTOBER 3, 2018
VENDOR DESCRIPTION DEPT.
AIRPORT EQUIPMENT RENTALS EXCAVATOR RENTAL STREETS
MUNICIPAL CODE CORPORATION WEBSITE & INTRANET REDES IGN CLERK
ACCOUNT AMOUNT
RENTALS 2,925 .00
PROFESSIONAL SERVICES 10 ,800 .00
69
70
MEMO:
TO: File
FROM: Jamie Heinz, City Clerk
DATE: October 4, 2018
SUBJECT: Confidential Meeting Material
Confidential material was presented to the Council in Executive Session and is sealed
as a part of the permanent meeting record.
For more information, contact me at 907-283-8231 or visit with me at City Hall, Office of
the City Clerk.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
OCTOBER 3, 2018
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to item L.1. Executive Session – 10639 Kenai Spur Hwy
• Deed of Trust
• Statutory Warranty Deed Councilmember Pettey
State of Alaska
Smoking Laws
vs
City of Kenai
Ordinances
City of Kenai Legal Department
Alaska Smoking Laws
•Alaska Statute Chapter 18.35 regulates smoking in the State
•Senate Bill 63 effective October 1, 2018 amends Alaska Statute
Chapter 18.35
•Senate Bill 63 allows a municipality to adopt ordinances
imposing stricter limitations on smoking
•Senate Bill 63 also allows a municipality to opt out of the new
changes pursuant to an ordinance ratified by the voters
State of Alaska
•Contained in KMC Chapter 12.40 Regulations of Smoking
•Aside from including e-cigarettes and marijuana, ordinances
have not been meaningfully updated since 2009
City of Kenai
Definition of Smoking
•Using an e-cigarette or inhaling exhaling, burning, or
carrying a lighted or heated cigar, cigarette, pipe, or
tobacco or plant product intended for inhalation
State of Alaska
•The burning, inhaling or exhaling of a tobacco or any
plant based material that is intended to be inhaled in
any manner or in any form
•The use of any electronic cigarette
City of Kenai
Smoking Prohibited
An individual may not smoke in an enclosed area
in a public place, including an enclosed area
•Within all indoor eating establishments and bowling alleys
•Within a business which is
posted no smoking
•Within a Healthcare Facility
•Entertainment venue or sports arena
•Vehicle used for public transportation
•Public transportation facility including an airport
terminal
•Retail store or shopping center
•Place of government or public assembly
•An enclosed area in an office building, office,
hotel, motel restaurant, bar, retail store or shopping
center
•Common area in an apartment building or multi-family dwelling
•A place of employment, including a vehicle
•Public or private education facility
•Health care facility
•Paid child care or adult care building or residence
•Vessel operating as a shore-based fisheries business
State of AlaskaCity of Kenai
Smoking Prohibited
An individual may not smoke outdoors
•Within 20 feet from any
entrance or exit to a health
care facility
•Within the area of an outdoor event which is clearly an conspicuously posted with “no smoking” signs
•Within 10 feet of playground equipment in
a public or private park when children are
present
•Seating area for an outdoor arena or
stadium
•When an entire campus has been declared smoke free
•Within 10 feet of an entrance to a
restaurant or bar serving alcoholic
beverages
•Within 20 feet of an entrance, open
window, or heating or ventilation system
•Reasonable distance, as determined by the owner or operator, from an entrance, open window, or heating or ventilation system of a vessel or a long term care facility
State of AlaskaCity of Kenai
Smoking Permitted
•Bars
•Eating establishments while in use in their entirety for private functions
•Any patio or other area
of an eating
establishment which is
entirely open to the sky
•Tobacco or e-cigarette store
•Limited to the use of e-cigarettes
•Designated smoking area in an enclosed airport
terminal for international passengers
•Vehicle that is a place of employment used exclusively
by one person
•Vessel when engaged in commercial fishing or sport
charter fishing
•Private club
•Operating continuously since January 1, 2017
•Not licensed to serve alcohol
•Not a place of employment
•Private residences
•Stand alone shelter if no food or drink is sold or served
•Commercial marijuana establishment if smoking is in
accordance with regulation adopted by the Marijuana
Control Board
State of AlaskaCity of Kenai
Municipal Regulation
A municipality may,by ordinance ratified by voters in a regular
municipal election,exempt the municipality from the provisions
of AS 18.35.301 –18.35.350.Unless the municipality has adopted
an ordinance banning smoking in certain public places,if a
municipality exempts itself from the provisions of AS 18.35.301 –
18.35.350,former AS 18.35.300 –18.35.365 apply in the
municipality as those statutes provided on September 30,2018.
Questions?
Population ' 7,087
Permanent Fund Dividends
(for zip code 99611, w hich i ncludes Kena i, Nikiski)1 11,867 12,773
PK-12 th Grade School Enrollment
Total Housing Units ± 210 3,508 3,411
Occupied Housing Units ± 192 3,085 3,041
Median Value Owner-Occupied Units ± $16,532 $209,400 $199,600
Median Monthly Rent {For Renters) ± $50 $899 $900
Income s
Total Households ± $19 2 3,085 3,0 41
Median Household Income ± $6,816 $58,732 $62 ,236
Mean Household Income ± $1 6,53 2 $85.379 $81 ,043
Total Families ± 119 1,7 4 2 1,858
Median Family Income ± $7,939 $75,931 $76,944
Mean Family Income ± $11,659 $g3,25 4 $95.495
Per Capita Income ± $5,561 $37,008 $34,627
City of Kenai ...
• The Kenai Airport is a hub of activity. At the Kenai Airport,
there were 6% fewer passengers than in 2015, but over
one-third more pounds of freight.12 Almost 87,500
passengers and 2.3 Million pounds of freight arrived in 2016.
• Among Peninsula cities, total business sales are
highest in Kenai and have been since 2011. In 2017,
business sales exceeded $562 million . Gross sales
within the City of Kenai were up 3% compared to 2016.13
City of Kenai Population by Age
Group ... 5 Years Show Changes10
12%
2,355
I!:] 2013
• 2017
Occupations of Residents of
Production, City of Kenai, 2016 6
transportation, ___ _
and material
moving
occupations
16%
Natural
resources,
construction,
and
maintenance
occupations
Sales and
office
occupations
• More homes sold in Kenai than anywhere else on the Peninsula in 2017. 114 homes sold with an average
sales price of $205,812 (about 2% lower than 2016). 7 Only17 new dwelling units were built here in 2017.8
• In 2016, Kenai was one of two peninsula ports that made the list of the top 50 commercial fisheries
ports in the United States. Kenai ranked 33rd top US port for commercial fisheries volume (22 million
pounds landed) and 44th ($25 million) for value.9
•
2018 Kenai Peninsula Situations & Prospects Report
Kenai Peninsula Economic Development District
www .k pedd.org (907) 283.3335
Sources: 1-ADOLWD, Population Estm 2010-2017; 2 ·AK Dept. of
Revenue; 3 ·AK Dept. of Education; 4, 5, 6 -US Census, ACS 2011-2015
and 2012-2016 5-year estimates; 7-MLS c/o Redoubt Realty; 8·
AHFC/ADOLWD Housing Indicators; 9-NOAA 201 6 FUS Report; 10 ·
ADO LWD Pop By Age& Class 2010-2017; 11-Alaska Taxables; 12-US BTS;
13-KPB Finance Dept. Photo -Eag le Eye Aerial photos cfo City of Kenai
GROSS BUSINESS SALES IN CITY OF KENAI
Business Type I 2017 2016 2013 j 1-Year Change I 5-Year Change I
______ _ _ _ _ _ _ _____ _ ____ _ _ __ __ (2016-2017) <2~2~7) __ I
GRAND TOTAL $562,174,507 $5 4 7,259.387 $584,960,466 $1 4,915, 120 3% ·$22,785,960 4%
1. Retail Trade $2961331,924 $282,517,944 $269,714,818 $13,813,980 5% $26,617, 106 10%
2. Wholesale Trade $49,604,074 $44,8 85,894 $78,681,060 $4,718,1 8 0 11% -$29,076,986 37
3-Utilities $48,871,863 $49,041,560 $46,215,614 -$169,697 0% $2,656,249 6%
4 Services $29,1 6 2 ,886 $9.475.465 $7,900,991 $19,6 87,421 20 8 % $21,261,895 269%
5. Construction
$18,880,564 $61 ,790,877 -$14,734, 182 -69% Contracting $33,614,745 -44% -$42,910,314
6. Manufactur ing $15,437,748 $19,430,5 93 $25, 156,903 $3,9 9 2,845 21% -$9,719 , 155 39%
7. Rental Residential Prop $15,219,950 $15 ,324,638 $12, 170, 141 -$104,688 -1% $3 ,049,809 25 %
8. Prof., Science, Tech Svs $13,609,000 $13,52 4 ,951 $12,551,7 6 5 ~84,0 4 9 1% $1,0 57,235 8%
9. Restaurant/Bar $13,240,702 $13,360,908 $14,362, 113 -$120,206 -1% -$1, 121,411 -8%
10. Transportat ion,
$11 ,700,883 $18,360,607 $12,719,518 $6,659,724 36rc ·$1,018,635 8' Warehousing
1t Hotel/Motel/B&B $8,898,064 $9,674,563 $9,759,324 -$776,499 -8 % -$861 ,260 -9%
12. Mining/Quarrying $7,664,29 1 $5,854,179 $4,519,204 $1,810, 112 31 % $3,1 4 5,087 70%
13-Information $7,653,916 $9,289,986 $10,656,447 -$1,636,070 -18% -$3,002,531 -28 %
14 Public Admin $6 ,144 ,788 $6 ,143,301 $5,158,487 $1,4 87 0% $986,301 19%
15. Telecommunications $2,995'327 $3,192,890 $1,684,584 -$197,563 -6% $1,310,743 78%
16. Rental Non·Resid. Prop $2,928 ,725 $3,238,252 $4,259,882 $309,5 27 10? -$1,331, 157 31'.
17. Admin, Waste Mgmt $2,796,470 $3,003,240 $3 ,615,327 -$2 06,770 -7% -$818 ,857 -23%
18. Health Care, Social Asst $2,666,811 $1 ,854,372 $326,137 $812 ,439 4 4% $2,34 0,674 718 %
19. Rental Commercial Prop $2,223,099 $1, 160, 136 $617,831 $1,062,963 92% $1,605,268 260%
20. Rental Per sonal Prop $1,147,045 $490,802 $45 4 .912 $656,24 3 134% $6 9 2, 133 152%
21. Educational Svs $1,088,878 $869,829 $643.490 $219,049 25 % $445,388 69%
22. Financ e + Insurance $1,087,662 $1,001,074 $572 .37 5 $86,588 9% $5 15,287 90%
23-Arts + Entertainment $919,550 $440, 179 $604,054 $479,371 109% $3 15,496 52%
24 Ag, Forestry, Fishing,
$852,2 35 $666,575 $4 63,232 $185,660 28% $389,003 8 4% Hunting
25. Gu id ing (Water + Land) $733'346 $507,000 $361,380 $226,346 4 5% $371,966 103 %
26. Renta l Self-storage +
$308,510 $3 17,896 . $9,386 ·} $308,510 .
Mini-war ehouses
27. Other $6,196 $17,665 -----
Source: Kena i Pe nin sula Borough Fin ance Department ·co nfidential
NOTES: Part of 2016-2017 increase In Arts & Entertafnment and Services due to 2017 code change that req uires more nonprofits to report sales; ha f/ of
decline In Informat ion due to phone/in tern et/cable chan~es; most of Const ruction Contractln~ decline lfnl<ed to pavin~ and road work .
CITY OF KENAI TAX INFORMATION 11
Year 2017 2016 2013
Sales Rate City=3 % Borough=3% Total in City of Kena i=6 %
Tax Tax Revenue to City (from ci ty's 3%) $7,375.543 $6,781,037 $6,618,444
Mill Rate 8.86 m ill To ta l (includes 4.5 m ill to boro, 4.35
mill to cit y, 0.01 m ill to Cent Hosp.) 8.37
Property Assessed Value (real + per son al) $825,580,24 2 $817 ,017,891 $754,727,9 61 Tax Assessed Value (oil + gas) $45,868,14 0 $52,256,440 $50,844,720
Tax Revenue t o City $3,749,301 $3,771 ,9 25 $2,885,245
ACTION AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
OCTOBER 3, 2018-6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.c ity
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 . Tim Dillon, Kenai Peninsula Economic Development District -Update on
Activities of Kenai Peninsula Economic Development District.
C . UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS -None.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of September 19, 2018
F. UNFINISHED BUSINESS -None.
G . NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Bills to be Ratified .
2 . APPROVED BY THE CONSENT AGENDA. *Action/Approval -Purchase Orders
Over $15,000
3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 1011712018.
*Ordinance No. 3041-2018 -Making Housekeeping Amendments to Kenai
Municipal Code 16.05.160-0rdinance Levying Assessments, and 16 .15.050-
Establishment of Amount, After Substantive Changes Were Recently Made to Kenai
Kenai City Council Meeting
October 3, 2018
Page 1of3
Municipal Code Title 16-Public Improvement And Special Assessments.
(Administration)
4 . INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 1011712018.
*Ordinance No . 3042-2018 -Amending Kenai Municipal Code Section 14.2 0 .1 51-
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
Provide Consistency in the Application and Permitting Process. (Administration)
5 . INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 1011712018.
*Ordinance No. 3043-2018 -Accepting and Appropriating a Donation from Hilcorp
Energy Company to Assist with the Annual Kenai Senior Center Thanksgivi ng Dinner.
(Administration)
6 . INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 1011712018.
*Ordinance No. 3044-2018 -Amending Kenai Municipal Code Section 3.05.070-
Citation Procedure, Amending and Renaming Kenai Municipal Code Sections
13.10.015-Minor Offense Amendable to Disposition Without Court Appearance by
Payment of a Fine , and 13 .30.010-State Traffic Regu lations Adopted , and Enacting
a New Section of Kenai Municipal Code Section 13.30.015-State Traffic Ba il
Forfeiture Schedules Adopted by Reference, to Incorporate Additional Minor
Offenses into Kenai City Code and Make Housekeeping Changes to Comply with
Changes to State Law and Court Procedures Regarding Minor Offenses.
(Administration)
7. Discussion -Review of State and City Smoking Laws . (City Attorney)
H. COMMISSION/COMMITTEE REPORTS
1. Counci l 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
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
Kena i City Counc il Meeting
October 3, 2018
Page 2 of 3
L. EXECUTIVE SESSION
1. Discuss a Request for Renegotiation of Terms Regarding the Sale of Property Located
at 10639 Kenai Spur Highway, Kenai, AK, Also Know as Lot 3A, Block 1, Spur
Subdivision No . 1, 1983 Addition (the Bowling Alley Opportunity), Pursuant to AS
44.62 .310(c)(1 )(3) a Matter of Which the Immediate Knowledge may have an Adverse
Effect Upon the Finances of the City, and a Matter by which Law, Municipal Charter,
or Ordinance are Required to be Confidential.
Action/Approval -Authorize the City Manager to Renegotiate the Terms
of the Bowling Alley Opportunity and to Amend the Deed of Trust.
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. Thank you from Kenai Central High School Skills USA Advisor
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.
Kenai City Council Meeting
October 3, 2018
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CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE OCTOBER 3, 2018
KENAI CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai Counc il passed the foll ow ing Ordinance(s )
and /or Resolution(s) at the above-referenced meeting .
THERE WERE NO ORDINANCES OR RESOLUTIONS SCHEDULED FOR ADOPTION.
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 publ ic notice .
Ja ie einz, CMC , C ity Clerk
Po te . October 4, 2018
NOTICE OF PUBLIC HEARING
OCTOBER 3, 2018
CITY OF KENAI COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will conduct a public hearing
on the following Ordinance(s) and/or Resolution(s) on the above-noted meeting date:
There are no Publ ic Hearings scheduled for this meeting.
The public hearing will commence at 6:00 p.m., or as soon thereafter as business permits, in the
Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested
persons are invited to attend the meeting and participate in the public discussion . Written
comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue,
Kenai, AK, 99611.
Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk
and will be available at the meeting for public review . Please be advised, subject to legal
limitations, ordinances and/or resolutions may be amended by the Council prior to adoption
without further publi notice.
i Heinz, CMC, City C
d: September 28, 2018