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Home My WebLink AboutOrdinance No. 3062-2019fh eeityo(, KENAI, ALASKA 'V/ CITY OF KENAI ORDINANCE NO. 3062-2019 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, INCREASING FY2019 GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $25,359 AND FY2020 GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $35,418 IN THE GENERAL FUND PARKS , RECREATION AND BEAUTIFICATION DEPARTMENT FOR THE RECEIPT OF A GRANT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR BACTERIA LEVEL MONITORING ON THE CITY'S BEACHES FROM MAY TO SEPTEMBER DURING 2019 AND 2020 . WHEREAS , the State of Alaska Department of Environmental Conservation has issued a grant to the City for bacteria level monitoring from May to September during 2019 and 2020; and, WHEREAS , monitoring will be provided through a cooperative agreement with the Kenai Watershed Forum; and , WHEREAS , bacteria levels during the testing period in the past have exceeded water recreation standards as established by the State of Alaska Department of Environmental Conservation in Register 226 that could pose a health risk to the fishery participants and City residents utilizing the beach; and , WHEREAS, it is in the best interest of the City to monitor the bacteria level on its beaches. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Secti on 1. That FY2019 estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues : Federal Grants -Other Increase Appropriations : Parks , Recreation & Beautification - Professional Services $25,359 $25,359 Section 2. That FY2020 estimated revenues and appropriations be increased as follows : General Fund : Increase Estimated Revenues : Federal Grants -Other $35.418 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3062-2019 Page 2 of 2 Increase Appropriat ions : Parks , Recreation & Beautification - Professional Services $35.418 Section 3. That the City Manager is authorized to accept a grant and expend the funds to fulfill the purpose of this Ordinance. Section 4 . Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances . The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application . Section 5. Effective Date: That pursuant to KMC 1.15 .0?0(f), Section 1 of this ordinance shall take effect upon adoption . Section 2 of this ordinance shall take effect July 1, 2019. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 1st day of May, 2019 and amended the 15th day of May, 2019 . ATTEST: Approved by Finance : '}(b_ BRIAN GABRIEL SR., MAYOR Introduced : April 17, 2019 Enacted: May 1, 2019 Amended: May 15, 2019 Effective: May 15, 2019 & July 1, 2019 New Text Underl in ed ; [D ELETED TEXT BRACKETED] "(!;fl'qpe «1/tli a PaJ'~ Ct'tj «1/t/i a ht~ 11 210 Fidalgo Ave , Kena i , Alaska 99611 -7794 Telep hone : (907) 283-7535 I Fax : (907) 283-3014 www.kenai .c ity MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Robert J . Frates, Parks & Recreation Director April 9, 2019 Ordinance 3062-2019 -DEC Grant for Bacteria Level Monitoring in the Kenai River The purpose of this correspondence is to recommend Council approval of Ordinance 3062-2019. This action provides for the appropriation of funds to support testing for coliform and enterococci bacteria in the Kenai River during the Personal Use Fishery by the Kenai Watershed Forum (KWF). This work will be accomplished by the Kenai Watershed Forum through a cooperative agreement with funding being passed through to the KWF. This mirrors a previous process utilized in 2018. Thank you for your consideration. 'Vtfl'~ «1/t~ a Pa.r~ Ct'tj «1/th a fatu.r-e " 210 Fidalgo Ave, Kenai , Alaska 99611 -7794 Telephone : (907) 283-7535 I Fax : (907) 283-3014 www.kenai.city MEMORA NDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager May 1, 2019 Ordinance No. 3062-2019 -Amendments To accurately reflect that bacteria level monitoring on and around the Kenai City beaches is conducted from May to September, not just during the personal use fishery, to specifically explain what bacteria levels are being exceeded, and to clarify that the elevated bacteria levels are not a result of the personal use fishery, the administration respectfully requests the following amendments be considered by the Kenai City Council. In the title : AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, INCREASING FY2019 GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $20,859 AND FY2020 GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $35,418 IN THE GENERAL FUND PARKS , RECREATION AND BEAUTIFICATION DEPARTMENT FOR THE RECEIPT OF A GRANT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR BACTERIA LEVEL MONITORING ON THE CITY'S BEACHES FROM MAY TO SEPTEMBER DURING [THE] 2019 AND [-] 2020 [PERSONAL USE FISHERY]. In the first whereas : WHEREAS , the State of Alaska Department of Environmental Conservation has issued a grant to the City for bacteria level monitoring from May to September during [THE] 2019 [-]and 2020 [PERSONAL USE FISHERY]; and , In t he third whereas: WHEREAS , bacteria levels during the test ing period [PERSONAL USE FISHERY] in the past have exceeded water rec reation standards as established by the State of A laska Department of Page 2 of 2 Ordinance 3062 -2019 -Amendments Environmental Conservation in Register 226 [TESTED AT ELEVATED LEVELS] that could pose a health ris k to the fishery participants and City residents utilizing the beach; and , In the final whereas: WHEREAS , it is in the best interest of the City to monitor the bacteria level on its beaches [TO PROTECT ITS VISITORS AND RESIDENTS FROM POTENTIAL DANGERS CAUSED BY THE WASTE GENERATED BY THE PERSONAL USE FISHERY]. 'tftff~ a1/th, a Pa$'~ Ct~ a1/th, a Fv.t~ 11 210 F idalgo Ave , Kenai , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax : (907) 283-3014 www.kenai .city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Robert J. Frates, Parks & Recreation Director May 8 , 2019 Ordinance No. 3062-2019-Amendment #2 The Alaska Department of Environmental Conservation {AKDEC) desires to include microbial source tracking (MST) testing in May and June before the start of the Personal Use Fishery. In the previous version of the grant, there was no MST testing scheduled for FY19, only in FY20. MST testing helps determine fecal bacteria sources and will include human , gull and dog markers to further assess the bacteria sources at the Kena i beaches. The Administration respectfully requests the following additiona l a mendments be considered by the Kenai City Council : In the title: AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING FY2019 GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $25.359 [$20 ,859] AND FY2020 GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $35,418 IN THE GENERAL FUND PARKS , RECREATION AND BEAUTIFICATION DEPARTMENT FOR THE RECEIPT OF A GRANT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR BACTERIA LEVEL MONITORING ON THE CITY'S BEACHES FROM MAY TO SEPTEMBER DURING 2019 AND 2020. In Section 1: That FY2019 estimated revenues and appropriatio ns be in c reased as follows: General fund : In c re ase Estimate d Revenues: $25,359 [$20 ,859] Federal Grants -Other Increase Appropriations: Parks, Recreation & Beautification -$25 .3 59 [$20 ,859] ~ "(!;ff~ a1/t/t, a PaJ't, Ot'tf a1/t/t, a Fut~" 210 Fidalgo Ave, Kenai , Alaska 99611 -7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www. kenai.city MEMORANDUM TO: FROM: Mayor Brian Gabriel and Kenai City Council Jamie Heinz, City Clerk DATE: May 8, 2019 SUBJECT: Ordinance No. 3062-2019 -Robert's Rules Procedures After enactment of Ordinance No. 3062-2019, administration was notified by the granting agency that they wanted to change amounts in the grant being passed through. In order to accomplish this, I recommend a motion to amend something previously adopted. Robert's Rules provides the following information on amending something previously adopted: • That this action be noticed (accomplished in the publication of the agenda); • Must be moved when no other motion is pending; • Can be applied to anything; • Must be seconded; • Is debatable; • Is amendable; • Requires a majority vote when notice is provided; • An affirmative vote cannot be reconsidered; • Would not be in order if something had been done, as a result of the vote on the main motion, that is impossible to undo (the associated grant has not yet been executed). Suggested Script: In accordance with the notice given in the call of this meeting, I move to amend Ordinance No. 3062- 2019 by [read amendments provided in the memo provided by administration]. Thank you for your consideration .