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Home My WebLink About2020-03-04 Council Packet Kenai City Council - Regular Meeting Page 1 of 85 March 04, 2020 Kenai City Council - Regular Meeting March 04, 2020 – 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city AGENDA 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) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 3107-2020 - Increasing Estimated Revenues and Appropriations in the Congregate Housing Funds for Costs in Excess of Budgeted Amounts. (Administration) 2. Ordinance No. 3108-2020 - Increasing Estimated Revenues and Appropriations in the General Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the City's General Fund. (Administration) 3. Ordinance No. 3109-2020 - Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Scott Summers for Attending a Paramedic Internship Program. (Administration) Page 1 Kenai City Council - Regular Meeting Page 2 of 85 March 04, 2020 4. Resolution No. 2020-11 - Awarding a Contract to Provide Health & Life Insurance Consulting Services. (Administration) 5. Resolution No. 2020-12 - Selecting the Firm for the Kenai Municipal Airport Engineering Services. (Administration) 6. Resolution No. 2020-13 - Supporting Senate Bill No. 232 - An Act Relating to Personal Use Fishing Permits, That Would Establish a Fee for Personal Use Dipnetting to be Used by the State and City of Kenai to Support Personal Use Dipnet Fisheries. (Council Member Peterkin) E. MINUTES 1. *Regular Meeting of February 19, 2020 2. *Work Session Summary of February 19, 2020 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Ordinance No. 3110-2020 - Amending Kenai Municipal Code Section 23.55.030 - Qualification Pay, to Add Additional Qualification Pay Items to the List of Those for Which Employees Continue to Receive While on Annual Leave or When Receiving Holiday Pay. (Administration) 3. *Ordinance No. 3111-2020 - Increasing Estimated Revenues and Appropriations in the Terminal Improvements Capital Fund, and Authorizing an Increase to the Construction Purchase Order to Blazy Construction, Inc. (Administration) 4. *Ordinance No. 3112-2020 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Fund, and Authorizing an Increase to the Construction Purchase Order to Kirila Fire, Inc. (Administration) 5. Action/Approval - Proposed Amendment to Kenai Peninsula Borough Ordinance No. 2019-24 - An Ordinance Adopting KPB 20.80, Subdivision Gated Streets and Gated Subdivisions. (Legal) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission Page 2 Kenai City Council - Regular Meeting Page 3 of 85 March 04, 2020 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 L. EXECUTIVE SESSION 1. To Discuss a Request to Purchase Properties Located at 11823 Kenai Spur Highway, Kenai, Alaska, Also Known as “Anchor Camp Ground,” Pursuant to AS 44.62.310(c )(1)(3) is 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. M. PENDING ITEMS 1. Ordinance No. 3106-2020 - Amending Title 11 - Harbor and Harbor Facilities, to Remove Provisions that are No Longer Historically Relevant, Recognize Changes to Other Chapters of City Code That Now Provide for Lease and Sale of Harbor Lands and Provide the Harbor Commission a Platform to Move Forward. (Council Members Peterkin and Glendening) N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. Kenai Historical Society Newsletter - February 2020 3. Wildwood Formerly Used Defense Site - 02/2020 Environmental Update Page 3 Kenai City Council - Regular Meeting Page 4 of 85 March 04, 2020 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. Page 4 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3107-2020 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CONGREGATE HOUSING FUND FOR COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, Vintage Pointe Manor was constructed in 1992; and, WHEREAS, emergency and non-budgeted repairs have been in excess of the FY20 Budget for Repair and Maintenance; and, WHEREAS, the amount of $15,000 is needed to ensure funds are available through the remainder of FY20; and, WHEREAS, funds are available in the retained earnings of the Congregate Housing Enterprise Fund; and, WHEREAS, proper maintenance and repairs are essential to the Facility’s long-term life and is in the best interest of the residents of Vintage Pointe Manor and the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That estimated revenues and appropriations be increased as follows: Congregate Housing Fund Increase estimated revenues – Appropriation of Retained Earnings $15,000 Increase appropriations – Small Tools $ 2,000 Professional Services 3,000 Repair & Maintenance 10,000 $15,000 Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Page 5 Ordinance No. 3107-2020 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2020. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: _________________ Introduced: February 19, 2020 Enacted: March 4, 2020 Effective: March 4, 2020 Page 6 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: February 9, 2020 SUBJECT: Ordinance No. 3107-2020 – Vintage Pointe Repair & Maintenance This memo is to request approval of the Ordinance No. 3107-2020 – Vintage Pointe Repair & Maintenance Supplemental Funding. Throughout FY20, there has been an increase in emergency repairs for Vintage Pointe with respect to the boiler and the dry sprinkler system. In addition to these, we have also had a significant amount of apartment turnarounds due to major life occurances. Each of these issues have weighed heavily on our FY20 Budget and will require supplemental funding from the Congregate Housing Enterprise Fund to cover the current fiscal year. I respectfully request your approval on Ordinance No. 3107-2020. Page 7 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3108-2020 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL LAND SALE PERMANENT FUND TO TRANSFER EARNINGS IN EXCESS OF BUDGETED AMOUNTS TO THE CITY’S GENERAL FUND. WHEREAS, Article 5, Section 5-11 of the City’s Charter, requires the proceeds from the Sale of all City owned, non-trust lands be deposited in a separate fund, the General Land Sale Permanent Fund, and allows for the investment earnings to be used for any lawful purpose but prohibits the expending of the proceeds from land sales; and, WHEREAS, the General Land Sale Permanent Fund’s 2019-year ending balance of $3,430,972 was an increase of $500,494 from the December 31, 2018 balance. The allowable transfer to the General Fund for operations is limited to 4% annually and excess earnings are reserved to supplement spending when portfolio earnings are less than the 4% limit in any given year; and, WHEREAS, 2019 portfolio earnings exceeded the 4% spending limit after accounting for inflation, thus the 2019 annual transfer is limited to $137,239 (4% of the Fund’s value) and all other earnings will be credited to the earnings reserve; and, WHEREAS, after deducting the allowable transfer, the earnings reserve at calendar year end was $379,000; and, WHEREAS, the FY2020 budgeted amount for the General Land Sale Permanent Fund was $124,252 meaning the actual will be $12,987 more than budgeted and increasing the transfer amount to the maximum amount is in the City’s best interest. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations in the General Land Sale Permanent Fund be increased as follows: General Land Sale Permanent Fund: Increase Estimated Revenues – Investment Earnings $12,987 Increase Appropriations – Transfer to General Fund $12,987 Page 8 Ordinance No. 3108-2020 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2020. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: _________________ Introduced: February 19, 2020 Enacted: March 4, 2020 Effective: March 4, 2020 Page 9 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: February 11, 2020 SUBJECT: Ordinance No. 3108-2020 – GLSPF Appropriation Increase ______________________________________________________________________ The purpose of this memo is to recommend passage of Ordinance 3108-2020. This Ordinance will increase the authorized transfer amount from the General Land Sale (GLSPF) to the City’s General Fund for FY20. This increased amount is possible because earnings were higher than projected for calendar year 2019. GLSPF Pursuant to KMC 7.30.020 (a) (5) the annual transfer from the GLSPF shall be limited to the lesser of the cumulative earnings at calendar year end for the fund or four percent (4%) of the fund’s fair market value as of December 31st of each year. “Cumulative earnings” is defined as the market value at calendar year end minus the fund’s inflation adjusted principal balance. The December 31, 2019 market value of the GLSPF was $3,430,972 with cumulative earnings of $516,239. December 31, 2019 Portfolio Value $3,430,972 4% of Portfolio Value $137,239 Cumulative Earnings $516,239 FY20 Allowable Transfer $137,239 The FY20 budgeted transfer amount was $124,252. This Ordinance will increase the budgeted transfer amount to the maximum value of $137,239, an increase of $12,987. Your support for Ordinance 3108-2020 is respectfully requested. Page 10 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3109-2020 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO REIMBURSE ANNUAL LEAVE USED BY FIREFIGHTER SCOTT SUMMERS FOR ATTENDING A PARAMEDIC INTERNSHIP PROGRAM. WHEREAS, Firefighter Scott Summers recently completed his paramedic certification program; and, WHEREAS, as part of the certification process, Firefighter Scott Summers expended approximately $20,000 of his own funds and used approximately 336 hours of annual leave to attend a paramedic internship at Cypress Creek EMS in Houston, Texas from October 2, 2019 through November 14, 2019; and, WHEREAS, the City benefits from having certified paramedics in the Fire Department providing a higher level of service; and, WHEREAS, as a certified paramedic, Firefighter Summers receives additional compensation; and, WHEREAS, it is in the best interests of the City to reimburse Firefighter Scott Summers leave account, which he used to attend the paramedic internship; a period of time in which 336 hours of annual leave were used; and, WHEREAS, an ordinance is necessary to accomplish this as the City Code does not contain a specific method to accomplish such reimbursement of leave time. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a non-code ordinance. Section 2. Authorizing the Reimbursement of Leave: That the City Manager is authorized to enter into an agreement to reimburse 336 hours of annual leave utilized by Firefighter Scott Summers for attending a paramedic internship program over a period of three years. 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. Page 11 Ordinance No. 3109-2020 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2020. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: February 19, 2020 Enacted: March 4, 2020 Effective: *, 2020 Page 12 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Jeff Tucker, Fire Chief DATE: February 11, 2020 SUBJECT: Ordinance No. 3109-2020 – Reimburse Annual Leave ____________________________________________________________________________ The purpose of this memo is to provide additional information in support of the referenced ordinance. Firefighter Scott Summers participated in a pilot offering of the Paramedic program through the Kenai Peninsula College. What was unique about this program is that it allowed fulltime EMT III’s to enroll without the perquisites typically required for the program and allowed the student to complete a quarter of their internship at their home department. This reduced the leave that a full-time employed EMT III would be required to take to complete the program. The program consisted of classroom sessions, ride-a-longs, labs, hospital clinical rotations and culminated with a 6 week field internship. The field internship took place at Cypress Creek EMS in Houston, Texas. Firefighter Summers spent nearly $20,000 out of pocket for the 1,600 hour course and utilized 336 hours of personal leave time. Firefighter Summers has completed the program and as of January 14th, 2020 is a Nationally Registered Paramedic. Kenai Fire Department firefighters are not required to become paramedics and are not eligible for a leave of absence with pay under KMC 23.40.060 to attend paramedic school since it is not a requirement of their position. However, in recognition of professional development, personal time, and effort of the individual to achieve the same, a recognition entitlement is paid to Fire Department employees who obtain a paramedic certification at the rate of $1,500 per year, which is only $500 more per year than the employee would receive as qualification pay as an EMT III. Reimbursing leave taken to attend paramedic is typical of what other similarly-situated departments are doing nation-wide. Based upon the recommendation of Fire Chief Jeff Tucker, the attached Ordinance provides for the City Manager to enter into an agreement with Scott Summers to be reimbursed for the leave he utilized to attend paramedic training in equal Page 13 Page 2 of 2 Ordinance No. 3109 - 2020 reimbursements over a period of three years. Should Firefighter Summers employment with the City end prior to the reimbursement being complete, the reimbursement would not continue. If City Council enacts Ordinance 3109-2020, the City would reimburse Firefighter Summers for the 336 hours of personal leave time over a 3 year period. Thank you for your consideration. Page 14 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2020-11 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO PROVIDE HEALTH & LIFE INSURANCE CONSULTING SERVICES. WHEREAS, after advertising a Request for Proposals, the following proposals were received and ranked by City Administration: BIDDER RANKING TOTAL SCORE Marsh & McLennan Agency 1 253 USI Insurance Services 2 245 ;and, WHEREAS, Marsh & McLennan will provide the best value to the City based on evaluation criteria of the proposer’s experience, qualifications of key staff, available resources, methodology and approach of the work to be performed, and cost; and, WHEREAS, the recommendation from City Administration is to award the contract to Marsh & McLennan for a term of three years with the option to extend for up to two consecutive one-year terms with mutual consent of both parties; and, WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the contract to provide Health & Life Insurance Benefits Consulting Services is awarded to Marsh & McLennan for the total amount of $45,000 annually for a period of three years. Section 2. Upon mutual consent of the City and Marsh & McLennan, the City Manager may extend the contract for two consecutive one-year terms. Section 3. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2020. __________________________________ BRIAN GABRIEL, SR., MAYOR Page 15 Resolution No. 2020-11 Page 2 of 2 _____________________________________________________________________________________ ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 16 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Stormy Brown, Human Resources Director Terry Eubank, Finance Director DATE: February 25, 2020 SUBJECT: Resolution 2020-11 Health Care Consultant – Process and Selection On February 3, 2020, the City of Kenai launched an RFP process, seeking a response from potential proposers to support our health care consultant and broker needs for employee benefits at the City of Kenai. Since 2016, the City has utilized USI Insurance Services to manage our health care consulting needs. As we had not initiated a review of the market for the health care consultant services in several years, we decided to go to market with a formal RFP process. Following the proposal closure on February 21, 2020, we received two proposal packets: USI Insurance Services and Marsh & McLennan Agency. The bid review team, comprised of Stormy Brown, HR Director; Terry Eubank, Finance Director; and Christine Cunningham, Assistant to the City Manager, analyzed the submitted proposals using a pre-established point system. Vendors were assigned points considering each of their bid’s demonstration of: Firm Experience; Staff; Available Resources; Methodology and Approach; and finally, Total Fee. Following the scoring of the proposals, Marsh & McLennan was determined to be the winner of the bid, earning 253 points versus 245 points earned by USI. Upon approval by Council, the annual fee for Marsh & McLennan’s scope of services for the City will be $45,000. The implementation date for services would commence immediately upon approval of the City Council. Thank you for your consideration. Page 17 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2020 - 12 A RESOLUTION OF THE CITY OF KENAI, ALASKA, SELECTING THE FIRM FOR THE KENAI MUNICIPAL AIRPORT ENGINEERING SERVICES. WHEREAS, the City of Kenai released a Request for Proposals on January 23, 2020 for a term agreement to provide Engineering Services for the Kenai Municipal Airport; and, WHEREAS, proposals were due on February 18, 2020; and, WHEREAS, the City received proposals from HDL Engineering Consultants, PDC Engineers, and Wince Corthell Bryson Engineers; and, WHEREAS, a selection committee reviewed all of the proposals with the scoring results indicated below; and, Firm Score HDL Engineering Consultants PDC Engineers Wince Corthell Bryson Engineers WHEREAS, Administration recommends retaining __________________, to provide the requested Engineering Services from approximately March 16, 2020 through March 16, 2023, with an option to extend for two one year terms with both parties consent; and, WHEREAS, each individual Kenai Municipal Airport Project will be negotiated separately with _______________ within budgeted amounts and with no minimum quantity of work guaranteed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council authorizes the City Manager to execute a term agreement with ______________________, to provide Engineering Services to the City for the airport for three years beginning on approximately March 16, 2020 with the option to extend for two successive one-year terms by mutual consent of the parties at the discretion of the City Manager. Each project shall be negotiated separately with _____________________, within budgeted amounts and no minimum quantity of work is guaranteed. Section 2. That this Resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2020. Page 18 Resolution No. 2020-12 Page 2 of 2 BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 19 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: February 25, 2020 SUBJECT: Resolution 2020-12 – RFP Firm Selection for KMA AE Services The City of Kenai released a Request for Proposals on January 23, 2020 with Proposals due on February 18, 2020 for a term contract to provide Engineering Services for the Kenai Municipal Airport. This is generally done every five years. This agreement provides Professional Services to assist the City with executing Capital Projects for the Airport. Three proposals were received with __________________ providing the highest scoring proposal. Administration recommends retaining __________________ to provide the requested AE Services from approximately March 16, 2020 through March 16, 2023, with an option to extend for two one year terms with consent from both parties. Each individual KMA project that arises will be negotiated separately with _____________ within budgeted amounts with no minimum quantity of work guaranteed due to the nature of applying and receiving grants from the Federal Aviation Administration (FAA). Council’s support is respectfully requested. Page 20 _____________________________________________________________________________________ Sponsored by: Council Member Peterkin CITY OF KENAI RESOLUTION NO. 2020-13 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING SENATE BILL NO. 232 – AN ACT RELATING TO PERSONAL USE FISHING PERMITS, THAT WOULD ESTABLISH A FEE FOR PERSONAL USE DIPNETTING TO BE USED BY THE STATE AND CITY OF KENAI TO SUPPORT PERSONAL USE DIPNET FISHERIES. WHEREAS, the Kenai River Personal Use Fishery is the most popular personal use fishery in Southcentral Alaska and takes place at the mouth of the Kenai River within the City of Kenai city limits; and, WHEREAS, since the beginning of the fishery in 1996, the City of Kenai has provided services and support, including parking areas, launch ramp and docking facilities, restroom facilities, fish waste and garbage management, extensive and continuous beach raking and clean up, camping, law enforcement, and emergency services to enhance the experience for fishery participants and protect City, and natural resources; and, WHEREAS, the management of the fishery has evolved over the years as we continue to improve our processes and infrastructure to provide the best possible experience to the personal use participants; and, WHEREAS, prior to instituting our current management processes, the personal use fishery was jeopardizing the health and safety of participants due to fish waste and damage to the local environment; and, WHEREAS, the City has created efficiencies, refined processes, and eliminated duplicative efforts over the last three years, reducing its expenditures in support of the fishery by over $150,000; and, WHEREAS, even with the reduction in expenditures, due to unpredictable runs and in participation over the last four years, the fees collected to support the fishery are not sufficient to cover the costs that the City incurs; and, WHEREAS, the State of Alaska incurs the expense of managing the other fisheries in the Upper Cook Inlet; Fish Creek and Kasilof River, without the benefit of user generated revenues to offset those costs; and, WHEREAS, participants in the Chitina personal use fishery have paid a permit fee since 2017 used to maintain and improve state-owned land used to access the fishery and to maintain and operate sanitary facilities provided for persons participating in the fishery; and, WHEREAS, funds collected through a permit fee would be used by the City to enhance personal use fishery participant experiences and protect natural and City resources related to the fishery. Page 21 Resolution No. 2020-13 Page 2 of 2 _____________________________________________________________________________________ NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City of Kenai supports Senate Bill No. 232 – An Act Relating to Personal Use Fishing Permits, That Would Establish a Fee for Personal Use Dipnetting to be Used by the State and the City of Kenai to Support Personal Use Dipnet Fisheries. Section 2. That copies of this Resolution shall be forwarded to Governor Michael J. Dunleavy, Senator Peter Micciche, Senator Gary Stevens, Representative Gary Knopp, Representative Ben Carpenter, Representative Louise Stutes, Representative Sarah Vance, and the legislators of the 31st Legislative Session Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2020. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 22 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Robert Peterkin, City Council Member DATE: February 27, 2020 SUBJECT: Resolution No. 2020-13 – Supporting Senate Bill No. 232 Relating to Personal Use Fishing Permits ____________________________________________________________________________ The Kenai River Personal Use Fishery is the most popular fishery in Southcentral Alaska and takes place at the mouth of the Kenai River within the City of Kenai city limits. Alaskans harvest an average of 350,000 sockeye salmon annually among approximately 30,000 permit holders. Participants must purchase a sportfishing license, but dipnet permits are free. Since the beginning of the fishery in 1996, the City of Kenai has provided services and support, including parking areas, launch ramp and docking facilities, restroom facilities, fish waste and garbage management, extensive and continuous beach raking and clean up, camping, law enforcement, and emergency services. We’ve refined the City’s approach to managing the fishery over the years, and in 2018 we developed the Dipnet App, which provides useful information to participants, including fish counts, webcams, fee calculators, and push notification capabilities that help keep people safe. We continually strive to make the fishery safe and enjoyable while minimizing the impacts on sensitive habitat areas and the residents of Kenai. Our management of the fishery has evolved over the years to provide the best possible experience to the personal use participants. Operations are now more efficient and effective than ever, and we have accomplished this while reducing expenditures significantly over the last four years. The City of Kenai plans to continue to provide a high level of service in support of the fishery. However, due to a decline in participation over the last four years, it is evident the fees we collect, such as a daily drop-off pass or fee for overnight parking, to support the fishery are not sufficient to cover the costs that we incur. In FY2019, the City of Kenai operated the personal use fishery at a net loss of $95,100. In FY2020, despite reducing budgeted expenditures by $56,000, fish counts significantly higher than what we have seen historically, and recognizing an increase in revenues of almost $60,000, the City projects that we will operate the fishery at a net loss of Page 23 Page 2 of 2 Resolution 2020-13 almost $3,000. Last summer’s fishery should have represented a year in which the City replenished our Personal Use Fishery Fund Balance, yet we continued to operate in the red. The following photo, one of many taken in 2011, shows what the Kenai Beach looked like before the City of Kenai refined our processes and began to actively rake the beaches at low tide and provide educational materials to fishery participants about how to clean and handle fish and fish waste. The City and fishery participants cannot let the fishery revert to this previous standard, which was becoming dangerous to the health and safety of participants. At the same time, the City and its residents should not have to continue to subsidize the fishery. The continued efforts and the City’s management of the fishery have been critical to the health and safety of participants and the impact on local beaches. We have worked as efficiently as possible to avoid a reduction in services. Still, it has become necessary to find a solution to the revenue shortfalls. Senate Bill No. 232 will establish a fee on personal use fishing permits and allocate the money to a municipality based on the total number of days fished in all personal use fisheries divided by the number of personal use days fished within the municipality. This user fee will help assure that the City of Kenai can provide the very best experience for personal use fishery participants at a reasonable fee without continued subsidies from the residents of the City. Page 24 SB0232A -1- SB 232 New Text Underlined [DELETED TEXT BRACKETED] 31-LS1501\A SENATE BILL NO. 232 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - SECOND SESSION BY SENATOR MICCICHE Introduced: 2/24/20 Referred: Resources, Finance A BILL FOR AN ACT ENTITLED "An Act relating to personal use fishing permits." 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2 * Section 1. AS 16.05.340(a) is amended by adding a new paragraph to read: 3 (28) Personal use fishing permit ......................................................... 5 4 * Sec. 2. AS 16.05.340 is amended by adding a new subsection to read: 5 (l) The commissioner shall charge the fee in (a)(28) of this section for 6 personal use fishing not otherwise licensed or permitted under (a) of this section. 7 Receipts from personal use fishing permit fees shall be accounted for separately under 8 AS 37.05.146(c). The legislature may appropriate money in the account to the 9 department to support personal use fisheries, and to a municipality to support personal 10 use fisheries based on the total number of days fished in all personal use fisheries 11 divided by the number of personal use days fished within the municipality. 12 * Sec. 3. AS 37.05.146(c) is amended by adding a new paragraph to read: 13 (80) receipts of the Department of Fish and Game from personal use 14 fishing permit fees under AS 16.05.340. 15 Page 25 KENAI CITY COUNCIL – REGULAR MEETING FEBRUARY 19, 2020 – 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 February 19, 2020, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:07 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 (absent) Henry Knackstedt (absent) Tim Navarre (telephonic) Jim Glendening Robert Peterkin Glenese Pettey A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Mayor Gabriel noted the following revisions to the packet: Add to item D.5. Resolution No. 2020-09 • KPB Ordinance • KPB Amendment Memo MOTION: Council Member Glendening MOVED to approve the agenda with the requested additions to the packet. Council Member Pettey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. Page 26 City of Kenai Council Meeting Page 2 of 8 February 19, 2020 4. Women’s Voting Rights Day Proclamation Mayor Gabriel Presented the Women’s Voting Rights Day Proclamation and representatives from the League of Women Voters provided an overview of the League. 5. Consent Agenda MOTION: Council Member Glendening MOVED to approve the consent agenda. Council Member Peterkin SECONDED the motion and requested UNANIMOUS CONSENT. The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period 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 councilmember so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS 1. Tim Dillon, Kenai Peninsula Economic Development District - Kenai Peninsula Economic Development District (KPEDD) Update. Tim Dillon provided an update on the Kenai Peninsula Economic Development District noting they had their own stand-alone board and did not report to the Kenai Peninsula Borough, the state, or the federal government. Mr. Dillon discussed the Kenai Peninsula Borough Comprehensive Economic Development Strategy, which was instrumental in obtaining grant funds made available by the November 2018 Earthquake. He pointed out that the organization was a 501(c)(3) and discussed their funding sources for FY2021, which were mostly grants and the Business Incubation Center within the building they own. Mr. Dillon noted the District’s work with the Denali Commission and the contracts they have with the Commission; also discussed their partnership with the 2020 U.S. Census. C. UNSCHEDULED PUBLIC COMMENTS Kaye Reed spoke about a motel renovated into a homeless or low-income apartment building and noted the Kenai Peninsula College dorm was not going to be utilized in the future and suggested it be repurposed into homeless or low-income mini units to generate some revenue for the college. D. PUBLIC HEARINGS 1. Ordinance No. 3103-2020 - Accepting and Appropriating a Grant from the Alaska State Library for Employee Travel and Training. (Administration) Page 27 City of Kenai Council Meeting Page 3 of 8 February 19, 2020 MOTION: Council Member Glendening MOVED to enact Ordinance No. 3103-2020 and Council Member Peterkin SECONDED the motion. Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Glendening, Gabriel, Peterkin, Pettey, Navarre NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3104-2020 - Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services Passed Through the Alaska State Library for Employee Travel and Training. (Administration) MOTION: Council Member Glendening MOVED to enact Ordinance No. 3104-2020 and Council Member Pettey SECONDED the motion. Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was closed. The Library Director was thanked for finding the grants. VOTE: YEA: Glendening, Molloy, Gabriel, Peterkin, Pettey NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 3105-2020 - Accepting and Appropriating Two Donations From the Totem Tracers and the Friends of the Kenai Community Library for the Upgrade of Library Equipment. (Administration) MOTION: Council Member Glendening MOVED to enact Ordinance No. 3105-2020 and Council Member Pettey SECONDED the motion. Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Totem Tracers and the Friends of the Kenai Community Library were thanked for their generosity. VOTE: Page 28 City of Kenai Council Meeting Page 4 of 8 February 19, 2020 YEA: Glendening, Gabriel, Peterkin, Pettey, Navarre NAY: MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2020-08 - Requesting the State of Alaska Provide Necessary Funding to the Alaska Wing Civil Air Patrol at a Minimum of $184,300 to Provide Support for Utility Costs, Insurance Premiums and Emergency Roof Repair. (Council Member Knackstedt) MOTION: Council Member Glendening MOVED to adopt Resolution No. 2020-08 and Council Member Peterkin SECONDED the motion. UNANIMOUS CONSENT was requested. Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was closed. The memo provided in the packet was read. It was noted the Civil Air Patrol was a crucial part of the community and the state, that they are able to continue searching when government agencies had to quit searching, and their ability to do search and rescue would be degraded if the funding were not made available. VOTE: YEA: Glendening, Gabriel, Peterkin, Pettey, Navarre NAY: MOTION PASSED UNANIMOUSLY. 5. Resolution No. 2020-09 - Supporting the Collection of Sales Tax from Remote Sellers by the Kenai Peninsula Borough and Other Municipalities within the Borough, Authorizing the Remote Seller Sales Tax Commission to Implement, Administer, and Enforce Provisions of the Uniform Remote Seller Sales Tax Code on the City's Behalf and Affirming the City's Adoption by Reference of the Kenai Peninsula Borough's Uniform Remote Seller Sales Tax Code. (Legal) MOTION: Council Member Glendening MOVED to adopt Resolution No. 2020-09 and Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested. Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was closed. The Alaska Municipal League was thanked for creating the Remote Sellers Sales Tax Commission. Page 29 City of Kenai Council Meeting Page 5 of 8 February 19, 2020 Clarification was provided the Resolution was the culmination of what the Remote Sellers Sales Tax Commission had been working toward. Clarification was also provided that the City referenced Kenai Peninsula Borough Code and this resolution supported the Borough’s adoption of the code amendments which would become the City’s code and authorizes the central, one level, Remote Sellers Sales Tax Commission. It was noted the City and Borough of Juneau had already adopted the code and once the Kenai Peninsula Borough adopted the code, the City would see revenue. It was also noted the City was receiving voluntary remittance from Amazon only and this code amendment changed the requirement that a company have a physical presence in a community to an economic presence in the community. It was noted the adoption of this would keep property taxes down. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2020-10 - Authorizing a Budget Transfer in the General Fund Buildings and Non-Departmental Departments for Building Repairs in Excess of Budgeted Amounts. (Administration) MOTION: Council Member Glendening MOVED to adopt Resolution No. 2020-10. Council Member Peterkin SECONDED the motion and requested UNANIMOUS CONSENT. 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. E. MINUTES 1. *Regular Meeting of February 5, 2020. (City Clerk) Approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Over $15,000. (Administration) Approved by the consent agenda. 3. *Action/Approval - Non-Objection to the Renewal of Liquor Licenses for New Peking Restaurant and Fraternal Order of Eagles. (City Clerk) Approved by the consent agenda. Page 30 City of Kenai Council Meeting Page 6 of 8 February 19, 2020 4. *Ordinance No. 3107-2020 - Increasing Estimated Revenues and Appropriations in the Congregate Housing Funds for Costs in Excess of Budgeted Amounts. (Administration) Introduced by the consent agenda and public hearing set for March 4, 2020. 5. *Ordinance No. 3108-2020 - Increasing Estimated Revenues and Appropriations in the General Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the City's General Fund. (Administration) Introduced by the consent agenda and public hearing set for March 4, 2020. 6. *Ordinance No. 3109-2020 - Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Scott Summers for Attending a Paramedic Internship Program. (Administration) Introduced by the consent agenda and public hearing set for March 4, 2020. 7. Ordinance No. 3106-2020 - Amending Title 11 - Harbor and Harbor Facilities, to Remove Provisions that are No Longer Historically Relevant, Recognize Changes to Other Chapters of City Code That Now Provide for Lease and Sale of Harbor Lands and Provide the Harbor Commission a Platform to Move Forward. (Council Members Peterkin and Glendening) MOTION: Council Member Glendening MOVED to introduce Ordinance No. 3106-2020, refer it to the Harbor Commission for a recommendation, and schedule it for a public hearing on 03/18/2020 and Council Member Peterkin SECONDED the motion. UNANIMOUS CONSENT was requested. It was noted the removal of powers from the Harbor Commission did not impact the work of the Planning and Zoning Commission. VOTE: There being no objections, SO ORDERED. 8. Action/Approval - Second Amendment to Agreement for Guardian Security Systems, Inc. (Administration) MOTION: Council Member Glendening MOVED to approve the second amendment to the agreement for Guardian Security Systems, Inc. and Council Member Peterkin SECONDED the motion. VOTE: YEA: Glendening, Gabriel, Peterkin, Pettey, Navarre NAY: MOTION PASSED UNANIMOUSLY. Page 31 City of Kenai Council Meeting Page 7 of 8 February 19, 2020 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No report; Next meeting March 12. 2. Airport Commission – No report; next meeting March 12. 3. Harbor Commission – It was noted the Commission heard from the US Coast Guard on the dipnet patrols; next meeting March 9. 4. Parks and Recreation Commission – No report; next meeting March 5. 5. Planning and Zoning Commission – It was reported the Commission considered and approved a Conditional Use Permit for a RV Park in the Bowpicker area; next meeting February 26. 6. Beautification Committee – No report; next meeting April 14. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Noted he observed and testified at the recent Board of Fisheries meeting and provided an overview of matters the Board considered. J. ADMINISTRATION REPORTS 1. City Manager – City Manager P. Ostrander reported on the following: • Noted he also testified at the recent Board of Fisheries; • Noted Guardian Flight Services was locating their medevac services at the Airport; • The original cost estimate for the bike path extension was low and had tripled; would be continuing conversations on how to manage the project; • Expected approval from the Office of Management and Budget this week on the Bluff Erosion Project; also noted the City was asked to do some initial work in preparation to the design work; and • An RFP was out soliciting management of the City Dock. 2. City Attorney – No report. 3. City Clerk – City Clerk J. Heinz noted an upcoming leave. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments Page 32 City of Kenai Council Meeting Page 8 of 8 February 19, 2020 Council Member Pettey expressed appreciation for the Women’s Voting Rights Proclamation and provided an overview of the caucus vote that provided women’s suffrage. Council Member Navarre noted he was attending the Alaska Municipal League Winter Legislative Conference; good conference. Council Member Glendening expressed appreciation for the Women’s Voting Rights Proclamation, for the Census information presented, and for the upcoming grant writing position. L. EXECUTIVE SESSION 1. To Discuss a Request to Purchase Properties Located at 11823 Kenai Spur Highway, Kenai, Alaska, Also Known as “Anchor Camp Ground,” Pursuant to AS 44.62.310(c )(1)(3) is 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. MOTION: 1. Council Member Glendening MOVED to enter into executive session to discuss a request to purchase properties located at 11823 Kenai Spur Highway, Kenai, Alaska, also known as “Anchor Camp Ground,” which pursuant to AS 44.62.310(c)(1)(3) is 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. And requested the presence of the City Manager and the City Attorney. Council Member Peterkin SECONDED the motion. VOTE: YEA: Gabriel, Glendening, Peterkin, Pettey, Navarre NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in open session and it was noted for the record that Council met in executive session and reviewed and discussed a request to purchase properties located at 11823 Kenai Spur Highway, Kenai, Alaska, also known as “Anchor Camp Ground,” and provided the City Manager direction. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:24 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of February 19, 2020. _____________________________ Jamie Heinz, CMC City Clerk Page 33 KENAI CITY COUNCIL JOINT WORK SESSION CAPITAL IMPROVEMENT PROJECT PLAN FEBRUARY 19, 2020 – 5:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 COUNCIL MEMBER GLENDENING, PRESIDING NOTES Council present: R. Peterkin, J. Glendening, B. Gabriel, G. Pettey Commissioners Present: Harbor Commissioner Peters, Planning & Zoning Commissioner Greenberg, Harbor Commissioner Hutchison, Parks & Recreation Commissioner Joanis, Airport Commissioner Feeken, Beautification Committee Member Reed Others present: City Manager P. Ostrander, City Attorney, S. Bloom, City Clerk J. Heinz, Finance Director T. Eubank, Public Works Director S. Curtin, and Parks and Recreation Director B. Frates, Airport Manager Mary Bondurant A. Call to Order Council Member Glendening called the work session to order at approximately 5:09 p.m. B. Introduction – Council Member Glendening Council Member Glendening noted the purpose of the work session was to hear and discuss the Capital Improvement Plan. C. Capital Improvement Plan Presentation – City Manager, Paul Ostrander City Manager, Paul Ostrander noted the Capital Improvement Plan was developed by Administration and provided an overview of how the document was set up noting the sooner the project was identified for completion the more refining and details were provided. He also noted that the plan only included projects over $35,000, that an asterisk denoted whether a project was grant dependent or not, and that the plan was developed to maintain the infrastructure we currently had and was not adding new infrastructure. Mr. Ostrander noted the document was a planning document separated in a way that delineated where the funds were coming from and pointed out that what was listed in FY2021 was what Administration was planning to include in the FY2021 in the budget for Council approval and projects indicated in subsequent years were plans for the future. Individual projects were briefly discussed and it was noted the document would be before City Council for approval at a future meeting. Recent Capital Improvement funding was discussed; it was noted those levels didn’t sustain infrastructure and funding for future was in excess of $1 million, and the current revenues of the City didn’t support the level of need. A brief explanation of a minor tax increase was provided. Page 34 Kenai City Council Work Session Page 2 of 2 February 19, 2020 D. Discussion Discussion took place throughout the meeting. Additionally, it was noted that sales tax revenue would include visitors in the base. Grant funding, bonding, and employment provided by the projects and the increased tax base provided were also briefly discussed. E. Public Comment (limited to 3 minutes per individual; 20 minutes aggregate) None. F. Adjournment The work session adjourned at approximately 5:57 p.m. Notes were prepared by: _______________________________ Jamie Heinz, CMC City Clerk Page 35 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: MARCH 4, 2020 VENDOR DESCRIPTION PERS PERS HOMER ELECTRIC ELECTRIC USAGE INVESTMENTS VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 101 ,580.52 VARIOUS UTILITIES 114,877.82 MATURITY DATE AMOUNT Effect.Int. Page 36 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3110-2020 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 23.55.030 – QUALIFICATION PAY, TO ADD ADDITIONAL QUALIFICATION PAY ITEMS TO THE LIST OF THOSE FOR WHICH EMPLOYEES CONTINUE TO RECEIVE WHILE ON ANNUAL LEAVE OR WHEN RECEIVING HOLIDAY PAY. WHEREAS, the City Council recently passed ordinance 3098-2019 modifying KMC 23.55.030 Qualification Pay; and, WHEREAS, further review indicates additional modifications will allow more consistent application of Qualification Pay; and, WHEREAS, currently KMC 23.55.030 allows senior officers and driver/operators to be compensated at a rate that includes qualification pay during periods of annual leave and holidays, however, the same does not apply for the certified municipal clerks and police investigators; and, WHEREAS, the City benefits from consistency and equity in application of code to not only meet employee expectations but also for administration of personnel rules; and, WHEREAS, the proposed amendments do not require an increase to the adopted FY2020 budget; and, WHEREAS, the City Manager recommends amendments to the Kenai Municipal Code that would allow police investigators and certified municipal clerks to receive qualification pay during periods of annual leave and holidays. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is code ordinance. Section 2. Amendment of Section 23.55.030 (b) of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.55.030 (b) – Qualification Pay, is hereby amended as follows: 23.55.030 Qualification pay. (a) In recognition of professional development, personal time, and effort of the individual to achieve same, the following annual recognition entitlement is authorized, payable on a pro rata monthly basis. Page 37 Ordinance No. 3110-2020 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (b) This recognition entitlement, except senior officer pay, investigator pay, certified municipal clerk pay, and driver/operator pay, is not considered when calculating hourly rates for annual leave or holiday pay. (1) Police Department. (i) Certification in accordance with State of Alaska Certification Standards as follows: Police Officer Intermediate Certification $1,800/year Advanced Certification $3,000/year Police Sergeant Intermediate Certification $1,800/year Advanced Certification $3,000/year Police Lieutenant Advanced Certification $3,000/year Police Chief Advanced Certification $3,000/year (ii) Recognition pay for qualified Senior Officers. Senior Officer pay is for Police Officers who have completed step 16E subject to an overall evaluation rating of “Meets Expectations” or better, as follows: Advance one (1) pay grade from 16E to 17E (iii) Recognition pay for qualified Field Training Officer personnel for officers temporarily assigned Field Training Officer duties for eligible shifts only as follows: 5% increase of the employee’s current range and step (iv) Recognition pay for qualified “Investigator” personnel for temporary assignment as an Investigator when the assignment is the employee’s primary assignment and the assignment has been approved by the City Manager or designee as follows: 5% increase of the employee’s current range and step (2) Fire Department. (i) Recognition entitlement for an associate degree in fire science is four hundred eighty dollars ($480.00) per year. Eligible grades are fire fighter, engineer, and captain. (ii) Recognition entitlements for EMT certification for eligible grades of fire fighter, engineer, and captain are as follows: EMT I Instructor $250/year EMT II $500/year EMT III $1,000/year (includes EMT II pay) EMT -Paramedic $1,500/year (includes EMT II & III pay) (iii) Recognition entitlements for driver/operator qualified personnel for eligible grades of fire fighter are as follows: Page 38 Ordinance No. 3110-2020 Page 3 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Driver/Operator Qualified One (1) pay range increase (pay range 13 to pay range 14) (3) Water and Sewer Utility. Certification in accordance with the State of Alaska Certification Standards. W & S II $300/year W & S III $480/year (4) City Clerk’s Office. Certification in accordance with International Institute of Municipal Clerks. Certified Municipal Clerk 2.5% of the employee’s base pay 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 thirty (30) days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2020. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: March 4, 2020 Enacted: March 18, 2020 Effective: April 17, 2020 Page 39 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief Stormy Brown, Human Resource Director DATE: February 20, 2020 SUBJECT: Ordinance No. 3110-2020 – Amending KMC section 23.55.030 – Qualification Pay ____________________________________________________________________________ The City Council recently passed ordinance 3098-2019, which modified a number of areas of police compensation in order to address recruitment and retention of experienced officers. After implementation of that ordinance, it was determined that qualification pays could be applied more consistently with revised language. The way KMC is currently written, senior officer pay and driver/operator pay are considered when calculating hourly rates for annual leave and holiday pay, while Investigator pay and Certified Municipal Clerk pay are not. These differences are not intentional nor necessarily equitable. This Ordinance would modify KMC to include the Investigator qualification pay and Certified Municipal Clerk qualification pay to apply during periods of annual leave and holidays. We are respectfully requesting your consideration of this ordinance modifying Kenai Municipal Code. Page 40 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3111-2020 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE TERMINAL IMPROVEMENTS CAPITAL FUND, AND AUTHORIZING AN INCREASE TO THE CONSTRUCTION PURCHASE ORDER TO BLAZY CONSTRUCTION, INC. WHEREAS, the City of Kenai executed a Construction Agreement with Blazy Construction, Inc. on October 1, 2018 for the Terminal Rehabilitation Project in the amount of $10,985,994; and, WHEREAS, Council, through enactment of Ordinance 3037-2018 authorized the City Manager to issue a Purchase Order in the amount of $11,485,994 for the Contract amount of $10,985,994 including $500,000 of contingency funding; and, WHEREAS, Council, through enactment of Ordinances 3060-2019, 3080-2019 and 3097-2019 increased estimated revenues and appropriations by $868,181.49 to provide for continued project contingency funds and increased the purchase order amount to $12,354,175.49; and, WHEREAS, to date the City has executed eight change orders totaling $1,143,503.59; and, WHEREAS, the Federal Aviation Administration grant eligible portion of those Change Orders 1- 8 has been determined to be $1,012,858.30 with the City of Kenai’s share as $130,645.29; and, WHEREAS, Administration is requesting appropriation of the additional eligible federal share and an increase to the authorized Purchase Order Amount to Blazy Construction, Inc. of the same amount, $144,676.81 to replenish project contingency and to allow for the continued processing of future change orders; and, WHEREAS, once complete, the authorized purchase order amount to Blazy Construction, Inc. will be $12,498,852.30, the authorized contract to Blazy Construction, Inc. will be $12,129,497.59, with available contingency to complete the project of $369,354.71; and, WHEREAS, Council will continue to be informed of Change Orders through Public Works Mid- Month Report. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. The City Manager is authorized to accept grant funding from the Federal Aviation Administration in the amount of $144,676.81 for the grant eligible portions of Change Orders 7 & 8 to Blazy Construction, Inc. Page 41 Ordinance No. 3111-2020 Page 2 of 2 _____________________________________________________________________________________ Section 2. The City Manager is authorized to increase Purchase Order No. 116510 to Blazy Construction, Inc. by $144,676.81. Section 3. That the estimated revenues and appropriations be increased as follows: Terminal Improvement Capital Project Fund: Increase Estimated Revenues – FAA Grant $144,676.81 Increase Appropriations: Construction $144,676.81 Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2020. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: Introduced: March 4, 2020 Enacted: March 18, 2020 Effective: March 18, 2020 Page 42 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: February 25, 2020 SUBJECT: Ordinance No. 3111-2020 The purpose of this memo is to recommend passage of Ordinance No. 3111-2020 requesting an increase to the estimated revenue and appropriations in the Terminal Improvements Capital Project Fund and authorizing an increase to the Construction Purchase Order to Blazy Construction, Inc. The Kenai Municipal Airport Terminal Rehabilitation Project has been underway since October 1, 2018. The project is nearing completion. The Project began with $500,000 in contingency funds for the administration to process change orders as they arise. To date $1,143,503.59 of changes have been processed. Of that amount it has been determined that $1,012,858.30 are eligible for reimbursement from the FAA through our grant. With approval of this Ordinance $369,354.71 of contingency shall remain. Appropriation of these funds will allow the Administration to continue to process change orders in the same manner, continuing to keep Council informed through Departmental Mid-Month reports. Staff and the Administration are in support of this appropriation, Council’s support and approval is respectfully requested. Thank you for your consideration. Page 43 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3112-2020 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT IMPROVEMENTS CAPITAL FUND, AND AUTHORIZING AN INCREASE TO THE CONSTRUCTION PURCHASE ORDER TO KIRILA FIRE, INC. WHEREAS, the City of Kenai executed a Construction Agreement with Kirila Fire Training Facilities, Inc. on October 4, 2019 for the Alaska Regional Fire Training Center Equipment Rehabilitation Project in the amount of $1,993,000; and, WHEREAS, Council, through enactment of Ordinance 3079-2019 and Resolution 2019-61 authorized the City Manager to issue a Purchase Order in the amount of $2,143,000 for the Contract amount of $1,993,000 including $150,000 of contingency funding; and, WHEREAS, to date the City has executed one change order totaling $120,000.00; and, WHEREAS, the Federal Aviation Administration grant eligible portion of Change Order 1 has been determined to be $112,500.00 with the City of Kenai’s share as $7,500.00; and, WHEREAS, Administration is requesting appropriation of the additional eligible federal share and an increase to the authorized Purchase Order Amount to Kirila Fire Training Facilities, Inc. of the same amount, $112,500.00 to replenish project contingency and to allow for the continued processing of future change orders; and, WHEREAS, once complete, the authorized purchase order amount to Kirila Fire Training Facilities, Inc. will be $2,255,500.00, the authorized contract to Kirila Fire will be $2,113,000.00, with available contingency to complete the project of $142,500.00; and, WHEREAS, Council will continue to be informed of Change Orders through Public Works Mid- Month Report. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. The City Manager is authorized to accept grant funding from the Federal Aviation Administration in the amount of $112,500.00 for the grant eligible portions of Change Order 1 to Kirila Fire Training Facilities, Inc. Section 2. The City Manager is authorized to increase Purchase Order No. 119055 to Kirila Fire Training Facilities, Inc. by $112,500.00. Section 3. That the estimated revenues and appropriations be increased as follows: Page 44 Ordinance No. 3112-2020 Page 2 of 2 _____________________________________________________________________________________ Airport Improvement Capital Project Fund Increase Estimated Revenues – FAA Grant $112,500.00 Increase Appropriations: Fire Training Center Training Prop Rehabilitation – Construction $112,500.00 Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2020. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: Introduced: March 4, 2020 Enacted: March 18, 2020 Effective: March 18, 2020 Page 45 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: February 25, 2020 SUBJECT: Ordinance No. 3112-2020 The purpose of this memo is to recommend passage of Ordinance No. 3112-2020 requesting an increase to the estimated revenue and appropriations in the Airport Improvements Capital Project Fund and authorizing an increase to the Construction Purchase Order to Kirila Fire Training Facilities, Inc. The Alaska Regional Fire Training Facility (ARFT) Equipment Rehabilitation Project has been underway since October 4, 2019. The Project began with $150,000 in contingency funds for the administration to process change orders as they arise. To date one change order in the amount of $120,000.00 has been processed. Of that amount it has been determined that $112,500.00 are eligible for reimbursement from the FAA through our grant. With approval of this Ordinance $142,500.00 of contingency shall remain. The work associated with Change Order 1 is the result of an inaccurate count on the number of fire generators in one of the trainers. The count was off by three and the contract had unit pricing in place of $40,000/fire generator. It should be noted the Design Team is offering a credit back for services to assist with paying for a portion of this additional work. Council should expect to see that legislation at the next Council Meeting. Appropriation of these funds will allow the Administration to continue to process change orders in the same manner, continuing to keep Council informed through Departmental Mid-Month reports. Staff and the Administration are in support of this appropriation, Council’s support and approval is respectfully requested. Page 46 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: February 27, 2020 SUBJECT: Action/ Approval Borough Ordinance 2019-24 (Sub) – Private Subdivisions ____________________________________________________________________________ Kenai Peninsula Borough Ordinance 2019-24, adopting KBP 20.80 providing standards for private streets and gated subdivisions was introduced by the Assembly on September 3, 2019. The Ordinance was subsequently amended by substitute (Attached). On January 15, 2020 the City passed Resolution 2020-01 requesting the Kenai Peninsula Borough Assembly not enact the Ordinance or its substitute (Attached). Similar opposition to the Ordinance was submitted to the Borough by Soldotna, Homer and Kachemak City. The Ordinance was again heard on February 25, 2020 by the Assembly with a proposed amendment for consideration. The Assembly again postponed action on the Ordinance. Attached is the proposed amendment dated February 25, 2020 which requires City’s within the Borough to provide written approval of the plats with private subdivisions prior to Borough approval. Given the City’s Resolution in opposition to the Ordinance and the proposed amendment, Administration seeks confirmation from Council whether it still desires to oppose the ordinance if the amendment was to be approved. Administration’s recommendation is that the Borough explore an alternative amendment designating the new proposed Chapter 20.80 -Private Streets and Gated Communities, applicable only outside Cities within the Borough. Page 47 Kenai Peninsula Borough Planning Department MEMORANDUM TO: Kelly Cooper, Assembly President Members, Kenai Peninsula Borough Assembly THRU: Charlie Pierce, Mayor Max Best, Planning Director FROM: Scott Huff, Platting Manager DATE: February 25, 2020 RE: Amendment to Substitute Ordinance 2019-24, Adopting KPB 20.80, Subdivision Private Streets and Gated Subdivisions (Mayor) The below amendment to Substitute Ordinance 2019-24 is offered in response to city and borough administration requests to provide cities with a stronger voice and decision-making authority regarding new developments proposing to have private streets and gated subdivisions within the boundaries of a city. This amendment mirrors KPB 20.25.050(D). If this amendment is approved, it will amend proposed KPB 20.80.020(G) to add a third subsection requiring a subdivider to get written approval from a city’s advisory planning commission prior to submittal. The following show the amendments with the changes shown. (Please note the changes are in bold with additions underlined and deletions crossed out.)  Amend Section 1 to read as follows: SECTION 1. That KPB 20.80.020(G) is hereby amended by adding a new subsection 3, as follows: 3. The city advisory planning commission shall review the proposed action. The subdivider bears the responsibility for presentations to, and discussions with, the city to ensure that the subdivision plat will conform to lawful ordinances and requirements of said city. The subdivider bears the responsibility to obtain written approval from the city advisory planning commission which shall be included with the submittal to the borough. DocuSign Envelope ID: B0278337-C543-46A0-958C-1E9ECB19A635 Page 48 Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2019-24 Sub Page 1 of 6 Introduced by: Mayor Substitute Introduced: 12/03/19 O2019-24 (Mayor) See Original Ordinance for Prior History Hearing: 12/03/19 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2019-24 (MAYOR) SUBSTITUTE AN ORDINANCE ADOPTING KPB 20.80, SUBDIVISION PRIVATE STREETS AND GATED SUBDIVISIONS WHEREAS, privacy, security, and public safety concerns expressed by residents may be addressed by private streets in subdivisions; and WHEREAS, Goal 2, Focus Area: Land Use and Changing Environment, Objective A of the 2019 Comprehensive Plan is to establish policies that better guide land use to minimize land use conflicts, maintain property values, protect natural systems and support individual land use freedoms; and WHEREAS, private streets can only be approved through the KPB 20.50 exception process and there are currently no designated standards and requirements, nor established procedures to create subdivisions with private streets and gated access; and WHEREAS, there is a need for designated standards and requirements and establishment of procedures for creating gated communities; and WHEREAS, designating standards, requirements and procedures for establishing private streets within subdivisions with gated access will address residents as well as the public’s privacy, security, and access concerns; and WHEREAS, the Kenai Peninsula Borough Road Service Area board at its meeting held on November 19, 2019, recommended unanimous approval of this ordinance; and WHEREAS, the Kenai Peninsula Borough Planning Commission at its meeting held on November 12, 2019 recommended approval by majority vote; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB Chapter 20.80, entitled “Private Streets and Gated Communities” is enacted as follows: Page 49 Ordinance 2019-24 Sub New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 6 20.80.010. - Purpose. This chapter provides standards and requirements for the establishment of private streets in subdivisions in the borough. In accordance with the requirements of this chapter, a subdivision with private streets and gated access may be created either at the time of subdivision by the owner of the parcel being subdivided or by the owners of the parcels along public street(s). 20.80.020. Requirements. Private streets in subdivisions shall meet the following requirements: A. Provisions of KPB Title 20, excluding 20.30.210 and 20.50, apply and must be met. B. All private streets shall comply with street naming and street addressing per KPB 14.10 and 14.20. C. A public vehicular turn around shall be provided to allow vehicles that have been denied entry to the private streets the ability to exit. An unrestricted turn around, located within the private street, shall be provided to allow vehicles that have been denied entry to the private streets the ability to exit. If borough maintenance of a turnaround is requested, then the turnaround must: (1) remain a public right-of-way; (2) be constructed with a minimum radius of 30 feet with a grade of 4 percent or less per KPB 14.06.160(D); and (3) be accepted into the borough’s road maintenance program. The owner(s) of an approved gated subdivision shall be responsible for providing maintenance to all private streets and unmaintained turnarounds. D. Private streets shall be contained within a separate lot which meets the right of way requirements of Chapter 20. The entrances to all private streets will be marked with a sign stating that it is a private street in compliance with KPB 14.06.200. E. The borough shall not pay for or contribute to any cost to construct, improve, or maintain a private street. F. The following notes are required on the subdivision final plat 1. Borough maintenance shall not be provided on any private streets. 2. Private streets are not public and are subject to private construction and maintenance. Page 50 Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2019-24 Sub Page 3 of 6 3. To convert private streets back to a public right of way, the requirements of KPB 14.06 – Road Standards, must be met. G. Gated subdivisions and private streets may be approved, provided they meet the following criteria: 1. Emergency services shall be provided access within the private subdivision. Approval by the fire and emergency services provider, with jurisdiction in the area of the gated subdivision, is required. The fire and emergency services provider must be satisfied that fire and emergency services providers will have safe access into and within the gated subdivision. 2. When located within a city, a final plat of a subdivision with a private street must comply with KPB 20.60.080 – Improvements – Installation agreement required. 20.80.030. Gates If a gate is installed to prevent public access to a subdivision with private streets the gate must conform to the following requirements: A. The fire and emergency services provider that serves the proposed gated subdivision must approve the fire and emergency services access plan for each gate prior to installation. The fire and emergency services provider should consider access for emergency vehicles into, and within, the private streets and gated subdivision. B. The approach and departure areas for the gate(s) must be designed by a licensed professional civil engineer. C. Approach and departure areas on both sides of a gated entrance must provide adequate setbacks and proper alignment to allow free and unimpeded passage of emergency vehicles through the entrance area. D. After installation, all emergency access systems must be approved by the fire and emergency services providers serving the gated subdivision. The owner(s) of the private street parcel must maintain all components of the gate system in a normal operating condition and have them serviced on a regular basis, as needed, to ensure proper gate operation. E. No part of the gate system may be placed in a public right-of-way. 20.80.040. Converting to gated subdivision. A. A platted right of way may not be vacated, except upon petition by resolution of the governing body from a municipality in which the property Page 51 Ordinance 2019-24 Sub New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 4 of 6 is located or by the owner(s) of the majority of land fronting or abutting the right of way to be vacated. The request shall comply with the applicable replat and vacation requirements and procedures in this title, except as provided otherwise in this chapter. B. Converting public street to private street – standards. 1. Vacation of the public right-of-way shall be in accordance with the criteria set forth in KPB 20.70. 2. The proposed gated subdivision shall not cause discontinuity in the existing or proposed public street system for adjoining lands. 3. The proposed gated subdivision must not cause discontinuity in the existing or proposed road system to any property owner within the proposed gated subdivision that fronts on the public right-of-way that is to be vacated. 4. Prior to recording, the private tract owner(s) shall accept the road “as- is” in its present condition and shall agree to indemnify, hold harmless, and defend the borough against any claims arising from the private ownership, maintenance and control of the converted street. 5. The private tract owner(s) shall execute a defense and indemnification agreement in favor of the borough in the following form: Except to the extent limited by law, the private tract owner(s) shall indemnify, defend, and hold and save the borough, its elected and appointed officers, officials, agents and employees, hereinafter collectively referred to as “agents”, harmless from any claim of, or liability for, the independent negligent acts, errors, and omissions or willful misconduct, including costs, expenses, and attorneys’ fees, in connection with or relating to the private tract owner(s) construction, improvement, maintenance, regulation, or use of any gates or private streets. The private tract owner(s) shall be responsible under this clause for any and all legal actions or claims of any character arising from the private tract owner(s) acts or omissions related to its private streets and gates in any way whatsoever. This defense and indemnification responsibility includes claims alleging acts or omissions of the borough or its agents, which are said to have contributed to the losses, failure, violations, or damages, except for acts or omissions solely attributable to the borough. C. A public street constructed or improved with borough funds, either through a Capital Improvement Project (CIP) or Road Improvement Assessment District (RIAD), cannot be converted to a private street within ten (10) years of the CIP or RIAD completion date for that street. Page 52 Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2019-24 Sub Page 5 of 6 20.80.050. – Converting private streets to public right-of-way in gated subdivision. A. The owner(s) of a private street may petition to dedicate the private street through the platting process. The plat must comply with KPB Chapter 20. B. The private street to be dedicated to a public right of way must meet the design criteria set forth in KPB 20.30 and KPB 14.06. C. At the expense of the private street tract owner(s), a civil engineer will determine whether the private streets meet KPB Title 14 and Title 20 standards for street design and construction. If the streets do not meet borough standards the dedication shall be denied. D. The borough may also require, at the private street tract owner’s expense, the removal of any improvements, access control devices, gates, landscaping or other aesthetic amenities associated with the private street. 20.80.060. Enforcement. Violations of this chapter shall be in accordance with KPB 20.10.030 and KPB 21.50, SECTION 2. That KPB Chapter 20.90, entitled “Definitions is amended as follows: 20.90.010. Definitions generally. In this title, unless otherwise provided, or the context otherwise requires, the following definitions shall apply: ... “Gated subdivision” means a residential subdivision consisting of multiple parcels of land where vehicular and/or pedestrian access by the general public from a public street and street(s) within the gated community and/or public right -of- way(s) is restricted as a result of a barrier that may include, but is not limited to gates, security personnel, fences or walls. ... “Private street” is defined as a vehicular access way shared by and serving two or more lots, which is not publicly maintained, but maintained by the private tract owner(s). The term “private street” shall be inclusive of alleys. The term “street” also includes the term “street” as used in KPB title 14. SECTION 3. That this ordinance shall become effective 180 days after its enactment. Page 53 Ordinance 2019-24 Sub New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 6 of 6 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF *, 2019. Kelly Cooper, Assembly President ATTEST: Johni Blankenship, MMC, Borough Clerk Yes: No: Absent: Page 54 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2020-01 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RECOMMENDING THAT THE KENAI PENINSULA BOROUGH ASSEMBLY NOT ENACT ORDINANCE 2019-24 SUBSTITUTE. WHEREAS, Kenai Peninsula Borough Ordinance 2019-24, Adopting KPB 20.80, Subdivision Private Streets and Gated Subdivisions, was introduced by the Kenai Peninsula Borough Assembly on September 3, 2019; and, WHEREAS, at its meeting of December 3, 2019, the Assembly amended Ordinance 2019-24 by Substitute; and, WHEREAS, Ordinance 2019-24 (Substitute) establishes standards and requirements for the establishment of private streets in subdivisions in the Borough, both inside and outside of cities , either at the time of subdivision or by the owners of parcels along existing public street(s); and, WHEREAS, O rdinance 2019-24 (Substitute) does not provide sufficient process for a home rule municipality to control the establishment of private streets for new subdivisions within their boundaries; and, WHEREAS, within the City of Kenai, the City is responsible for road maintenance and other services to its residents, which Ordinance 2019-24 (Substitute) has the potential to affect; and, WHEREAS, Ordinance 2019-24 (Substitute) is not necessary as private streets within the City and in other parts of the Borough have been approved in the past utilizing the exception process provided in Kenai Peninsula Borough Code 20.50 and landowners wishing to establish private streets in the future can utilize the same exception process that already exists; and, WHEREAS , due to the lack of control that home rule municipalities would have over the establishment of private streets within their boundaries if Kenai Peninsula Borough Ordinance 2019-24 (Substitute) were enacted, and given the fact that landowners already have the ability to create private streets when developing a new subdivision through the exception process, the City of Kenai cannot support the passage of Ordinance 2019-24 (Substitute); NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council respectfully requests that the Kenai Peninsula Borough Assembly not enact Kenai Peninsula Borough Ordinance 2019-24 (Substitute). Section 2. That copies of this resolution shall be sent to Kenai Peninsula Borough Mayor Charlie Pierce, Assembly President Kelly Cooper, and Assembly Members. Page 55 Resolution No. 2020-01 Page 2 of 2 Secti on 3. That this Resolution takes effect immediate ly upon passage . PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 15th day of January, 2020 . BRIAN GABRIEL SR., MAYOR ATTEST: Page 56 KENAI HARBOR COMMISSION REGULAR MEETING FEBRUARY 10, 2020 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR MIKE DUNN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Dunn called the meeting to order at approximately 6:00 p.m. a. Pledge of Allegiance Chair Dunn led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: Chair M. Dunn, Vice-Chair C. Crandall, C. Hutchison, B. Peters, G. Greenberg, J. Desimone, B. Bornemann Commissioners absent: N. Berga Staff/Council Liaison present: Public Works Director S. Curtin, Public Works Assistant K. Feltman, Council Member R. Peterkin A quorum was present. c. Elections of the Chair and Vice-Chair MOTION: Commissioner Peters MOVED to re-appoint Commissioner Dunn as Chair; Commissioner Crandall SECONDED the motion. There were no objections; SO ORDERED. MOTION: Commissioner Crandall MOVED to appoint Commissioner Berga as Vice-Chair; Commissioner Peters SECONDED the motion. There were no objections; SO ORDERED. d. Agenda Approval MOTION: Commissioner Peters MOVED to approve the agenda and Commissioner Bornemann SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS a. USCG Sector Anchorage, LTJG Scott Peters & CWO Thad Wagner – 2019 Kenai Dip Net Fishery Page 57 ____________________________________________________________________________________ Harbor Commission Meeting Page 2 of 4 February 10, 2020 USCG LTJG Scott Peters noted he was in Kenai working with the State Park Rangers during two of the busier weekends of the Dip Net Fishery and the focus while on the river was boating safety education. The State Park Rangers primary focus was to manage Kenai River waterways. He added that the 2019 Dipnet Fishery seemed orderly with the large amount of boats, noting the USCG most reasonable recommendation was to wear life jackets. The plan for 2020 would be the same as 2019 with the state fishery and USCG as the primary enforcement officers on the water. 3. UNSCHEDULED PUBLIC COMMENT Jim Glendening commented on Title 11 concerns regarding management of the waterfront. 4. APPROVAL OF MEETING SUMMARY a. November 4, 2019 MOTION: Commissioner Crandall MOVED to approve the meeting summary of November 4, 2019; and Commissioner Hutchison SECONDED the motion. There were no objections; SO ORDERED. b. November 25, 2019 (Joint Meeting) MOTION: Commissioner Crandall MOVED to approve the meeting summary of November 25, 2019; and Commissioner Hutchison SECONDED the motion. There were no objections; SO ORDERED. c. January 6, 2020 MOTION: Commissioner Crandall MOVED to approve the meeting summary of January 6, 2020; and Commissioner Hutchison SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion/Recommendation – Special Use Permit Fee for City Crane Access The Public Works Director noted an invitation to bid for the use of the City Dock would be advertised later this week. The intent would be to continue with the special use permit for the private fishermen and citizens for some form of access. He clarified that the permit was $1,000 that started at the end of June last year and he recommended starting earlier this year, noting raising the cost to $1,500 or dependent on the user. He clarified there were three users last year, the Special Use Permit would be available in May, and Special Use Permit users had to have training before they could get the permit. The Public Works Director noted the contract for bid was to use cranes, offices, and operating area at the boating facility for 2020, with the intent to negotiate fueling at the City Dock with this contract. Page 58 ____________________________________________________________________________________ Harbor Commission Meeting Page 3 of 4 February 10, 2020 In consensus, the Commission members suggested having two fees for the Special Use Permit: Single Use Fisherman Fee of $1,000 and Commercial Use Fee of $5,000. 7. REPORTS a. Public Works Director – S. Curtin reported the following: • Special Use Permit for the City Dock would be advertised for two weeks, also in April and May; • He executed the change order to Nelson Engineering for updating plans for the Dock Repair Project, would sign this week, then it would go out for bid; • Discussed dredging with the Army Corps of Engineers; working toward a study for City Dock dredging; • An update was provided on the Peninsula Avenue Bluff Erosion project and the overall Bluff project; and • There would be a City Council work session to hear about the new Capital Improvement Plan (CIP); noting two specific projects of interest to the Harbor Commission. b. Commission Chair – M. Dunn noted interest on the Bluff Erosion project and dredging at the City Dock. c. City Council Liaison – R. Peterkin reported on the actions of the February 5 Council Meeting. He added that if Commission members wanted specific items on a future Harbor Commission agenda, contact Chair Dunn and he would work with Administration; noting the agenda deadline was one week prior to the meetings. 8. NEXT MEETING ATTENDANCE NOTIFICATION – March 9, 2020 9. COMMISSIONER COMMENTS AND QUESTIONS Commission members welcomed new commissioner, Branden Bornemann. Commissioner Hutchison expressed appreciation for keeping the Commission informed on the Bluff Erosion project. She added she would contact the State Park Rangers and invite them to one of the Harbor Commission meetings. Commissioner Crandall thanked the Public Works Director for the due diligence with the Army Corps of Engineers, and thanked all those that attended the Commission meeting. Commissioner Bornemann expressed gratitude for the warm welcome and looked forward to working with the Commission. Commissioner Desimone applauded the City’s efforts for recognizing the Purple Heart, and urged the Army Corps of Engineers for their continued support. Chair Dunn thanked everyone for their participation and attendance to the meeting, and expressed appreciation to the Public Works Director for the updates on the Bluff and City Dock. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS – None. Page 59 ____________________________________________________________________________________ Harbor Commission Meeting Page 4 of 4 February 10, 2020 12. ADJOURNMENT MOTION: Commissioner Hutchison MOVED to adjourn and Commissioner Bornemann SECONDED the motion. There were no objections; SO ORDERED. There being no further business before the Commission, the meeting was adjourned at 7:55 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn LaPlante Deputy City Clerk Page 60 KENAI PARKS & RECREATION COMMISSION FEBRUARY 6, 2020 – 6:00 PM KENAI CITY COUNCIL CHAMBERS CHAIR CHARLIE STEPHENS, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Stephens called the meeting to order at 6:05 p.m. a. Pledge of Allegiance Chair Stephens led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners present: C. Stephens, S. Kisena, J. Joanis, T. Wisniewski, J. Dennis Commissioners absent: T. Winger Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Liaison B. Molloy A quorum was present. c. Elections of Chair and Vice-Chair MOTION: Commissioner Joanis MOVED to maintain the Chair and Vice Chair status quo; Commissioner Kisena SECONDED the motion. There were no objections; SO ORDERED. d. Agenda Approval MOTION: Commissioner Joanis MOVED to approve the agenda as presented and Commissioner Kisena 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. December 5, 2019 MOTION: Commissioner Joanis MOVED to approve the meeting summary of December 5, 2019 and Commissioner Wisniewski SECONDED the motion. There were no objections; SO ORDERED. Page 61 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 2 of 3 February 6, 2020 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion – Amending Current Policy for Student Representative for the Parks & Recreation Commission The Parks and Recreation Director referred to the memorandum in the packet stating he thought it was appropriate to add the Kenai Alternative High School to the Parks and Recreation Commission Student Representative Policy No. 2018-01. It was suggested to include students with Connections Homeschool Program and Idea Homeschool, as well as students that reside in Kenai but attend a school in another community (i.e. Soldotna). Further discussion continued and focused on the Limitations, Qualifications, and Requirements section of the policy. MOTION: Commissioner Wisniewski MOVED to recommend Council approve Policy No. 2018-01 with the following revisions: 1b. The student shall be a Kenai resident and a junior or senior in good standing [AT THE KENAI CENTRAL HIGH SCHOOL] with school Administration. 1c. The student shall be [ELECTED] approved by [THE STUDENT COUNCIL OF KENAI CENTRAL HIGH SCHOOL, SUBJECT TO APPROVAL OF THE KCHS] school administration; if multiple applications are received, the Mayor will nominate an applicant. 1g. The student will communicate with [STUDENT COUNCIL MEMBERS AT KENAI CENTRAL HIGH SCHOOL] other students to provide information and seek feedback from other students on Parks and Recreation issues affecting young people; and Commissioner Joanis SECONDED the motion. There were no objections. 7. REPORTS a. Parks and Recreation Director – Frates noted that although the Department was short-staffed due to the flu, most routine maintenance schedules were met, including clearing snow from sidewalks, grooming ski trails and performing ice maintenance at Daubenspeck Pond. Director Frates also reported on the following: • Staff met with a homeschool student to discuss her Caring for the Kenai project; the topic was Pollinators and was a top finisher last year; • The date of May 23 was set for the 2020 Kenai Festival; • Staff was working on budgets; and • He helped the City’s marketing firm, Divining Point set up a few photo shoots that included skiing, snow shoeing, and playground shots at an elementary school. b. Commission Chair – Stephens welcomed the new Commission member, Michael Bernard and Student Representative, River Tomrdle. c. City Council Liaison – Molloy provided an update on Divining Point efforts with the City of Kenai on branding and marketing, reporting the tagline developed was, “Kenai – the Best Place to Alaska.” He also reported on an upcoming Salmon Celebration set for June 6 that included a Community Celebration at the City Dock. Page 62 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 3 of 3 February 6, 2020 8. NEXT MEETING ATTENDANCE NOTIFICATION – March 5, 2020 Commissioner Joanis noted she would be absent at the next meeting. 9. COMMISSION QUESTIONS & COMMENTS Commissioner Wisniewski inquired about the dip net Capital Improvement Plan and its status. Councilor Molloy clarified that the Bluff Erosion Project remained first priority and that the three PU Fishery improvement projects supported by resolution were the South Beach Fee Shack, Little League Restrooms and Vault Restrooms. He added that the campground was not approved and no decision had been regarding alternative site locations. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION a. Multi-Purpose Facility Ice Schedule – January/February 2020 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 LaPlante Deputy City Clerk Page 63 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 12, 2020 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA VICE-CHAIR DIANE FIKES, PRESIDING MINUTES A. CALL TO ORDER Commission Vice-Chair D. Fikes called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Commission Vice-Chair D. Fikes led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: D. Fikes, J. Halstead, V. Askin, R. Springer, G. Greenberg, T. McIntyre Commissioners absent: J. Twait Staff/Council Liaison present: City Planner E. Appleby, Planning Assistant W. Anderson, Deputy Clerk J. LaPlante, Council Liaison J. Glendening A quorum was present. 3. Elections of the Chair and Vice-Chair MOTION: Commissioner Springer MOVED to re-appoint Commissioner Twait as Chair; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. MOTION: Commissioner Springer MOVED to re-appoint Commissioner Fikes as Vice-Chair; Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. 4. Agenda Approval MOTION: Commissioner Halstead MOVED to approve the agenda as presented and Commissioner Springer SECONDED the motion. There were no objections; SO ORDERED. Page 64 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 5 February 12, 2020 5. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 6. *Excused absences – J. Twait B. APPROVAL OF MINUTES 1. *January 22, 2020 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS 1. Resolution PZ2020-03 –Application for a Conditional Use Permit to operate a Recreational Vehicle Park, located at 2301 Bowpicker Lane, Kenai, Alaska 99611 and further described as Tract 1, Kenai River Shores Subdivision. The application was submitted by Ronald Hyde, Jr. on behalf of PRL Logistics, Inc., P.O. Box 222029, Anchorage, AK 99522 Recommending the Kenai City Council Adopt Ordinance 3102- 2020 to Amend Kenai Municipal Code 14.20.280 Public Hearings and Notifications, to Reduce the Newspaper Posting Requirement. The City Planner reviewed the staff report and rationale for how the application met the approval criteria provided in the packet noting the applicant stated his intent was to construct an RV Park in early 2020 adjacent to the Cannery Lodge that would be open seasonally. The City Planner added the applicant planned to have permanent sanitary facilities installed later. City staff found that the applicant met the criteria for issuance of a Conditional Use Permit and recommended that the Planning and Zoning Commission approve the Conditional Use Permit application, subject to the following conditions: • Applicant must comply with all federal, State of Alaska, and local regulations; • Applicant will submit a Landscape Site Plan and obtain approval by City Administration prior to any land-clearing activities on the parcel; • The applicant may use the self-contained bathroom facilities submitted with the application for up to two years (during the 2020 and 2021 season); Page 65 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 5 February 12, 2020 • The applicant shall install permanent sanitary facilities prior to operation in the 2022 season; • The applicant will obtain Building Permits from the City as appropriate for construction of bathroom buildings and electricity lines to individual campsites; • Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.155; • The applicant will meet with City staff for on-site inspections when requested; • If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(i)(5); • Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year; and • Failure to provide documentation to the City for meeting these conditions prior to operation of the recreational vehicle park shall be grounds for revocation of the Conditional Use Permit. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ2020-03 and Commissioner McIntyre SECONDED the motion. Vice-Chair Fikes opened the floor for public testimony. Applicant, Ron Hyde clarified the sanitation system would be an above ground, enclosed contained system until a permanent underground placement was determined. He added that he was following the State of Alaska formula for determining the necessary amount of bathroom facilities and more focused for the tent area. Mr. Hyde noted that the only access to the RV Park would be from Cannery Road, and they have rehabilitated a dock for use as well but there would be no fish processing allowed onsite. Mr. Hyde further noted that the Cannery Lodge was recently restructured to be only open April through December and the RV Park would generate additional business during the open season. The City Planner clarified the determined two years’ timeframe for permanent sanitary facilities lined up with the other Conditional Use Permits allowance. Commissioners expressed support for the growth opportunity in that area keeping the economic development going. There being no one else wishing to be heard, public comment was closed. VOTE: YEA: Askin, Halstead, Greenberg, Fikes, Springer, McIntyre NAY: MOTION PASSED UNANIMOUSLY. Vice-Chair Fikes noted the fifteen-day appeal period. Page 66 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 5 February 12, 2020 G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Post-Conference Discussion – 2020 Alaska Planning Conference – Collaborating for Resilient Communities, February 9-11, 2020. The City Planner discussed the 2020 Alaska Planning Conference agenda topics as included in the packet. She added that she attended the American Planning Association Alaska State Chapter Board retreat on Sunday and it was very engaging. Commissioners that attended provided feedback, offered suggestions for more collaboration at a future conference and expressed gratitude for the opportunity to attend. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Glendening reported on the actions from the February 5, 2020 City Council meeting. 2. Borough Planning – Vice Chair Fikes provided a report of the January 27 Planning Commission meeting. 3. Administration – City Planner Appleby reported on the following: • The Main Street Tap & Grill parking parcels were leased by the City and a purchase was made; noting 3 of the 10 airport parcels allowed for sale were complete; • As part of the City of Kenai Lands Code changes, a Standard Lease Form was recently adopted for Lessees to convert their lease; • As follow-up to the last Commission meeting, the State minimum requirements for public notices was that only one posting at the location was required; • Hazard Mitigation Plan was sent to the State, a final letter should be received soon, noting this plan made the City eligible for funding for preventative measures; and • The draft Capital Improvement Project Plan was available online and City Council would be conducting a work session to discuss it on February 19. She further reported that the Alaska State Chapter of the American Planning Association gave a planning award this year to the Kenai Peninsula Borough, and Gary Greenberg was recognized for his Geographic Information System (GIS) private practice work and contract work with the City. K. ADDITIONAL PUBLIC COMMENT – None. L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION – February 26, 2020 Commissioner Askin noted she would be absent at the next meeting. N. COMMISSION COMMENTS & QUESTIONS – None. Page 67 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 5 of 5 February 12, 2020 O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:15 p.m. Minutes prepared and submitted by: ____________________________ Jacquelyn LaPlante Deputy City Clerk Page 68 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 26, 2020 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER Commission Chair J. Twait called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Commission Chair J. Twait led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: J. Twait, D. Fikes, G. Greenberg, J. Halstead, T. McIntyre Commissioners absent: V. Askin, R. Springer Staff/Council Liaison present: City Planner E. Appleby, Planning Assistant W. Anderson, Deputy Clerk J. LaPlante, Council Liaison J. Glendening A quorum was present. 3. Agenda Approval MOTION: Commissioner Halstead MOVED to approve the agenda as presented and Commissioner McIntyre SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda and Commissioner McIntyre SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 5. *Excused absences – V. Askin, R. Springer Page 69 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 3 February 26, 2020 B. APPROVAL OF MINUTES 1. *February 12, 2020 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Discussion/Recommendation - Authorizing the City Planner to draft and send a letter to the Kenai Peninsula Borough supporting a request by the developers of Windhaven Estates Phase 3 for a two-year time extension. The City Planner noted the letter in the packet from the Kenai Peninsula Borough requesting input by the City of Kenai Planning and Zoning Commission regarding the time extension request. The original preliminary approval was granted in 1998, with several extensions approved over the years. The City Planner clarified for this plat to receive final approval, the City and the builder would need to work out an agreement regarding the sewer lines. City Administration recommended approval to sending a letter to the Kenai Peninsula Borough of support to the two-year extension request. MOTION: Commissioner Halstead MOVED to authorize the City Planner to send a letter to the Kenai Peninsula Borough supporting the request of a two-year time extension for Windhaven Estates Phase 3; Commissioner Greenberg SECONDED the motion. Commission Chair Twait opened the floor for public testimony. There being no one wishing to be heard, public comment was closed. It was clarified this property was not in a Rural Residential (RR1) Zone of the City of Kenai, it was in a Suburban Residential (RS) Zone. VOTE: YEA: Greenberg, McIntyre, Halstead, Fikes, Twait NAY: MOTION PASSED UNANIMOUSLY. Page 70 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 3 February 26, 2020 I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Glendening reported on the actions from the February 19, 2020 City Council meeting. 2. Borough Planning – Vice Chair Fikes provided a report of the February 24 Planning Commission meeting. 3. Administration – City Planner Appleby reported on the following: • Attended Kenai Peninsula Borough (KPB) Session today discussing upcoming revisions to the KPB Title 20 Subdivision Provisions, noting some of the changes the City wanted; • Upcoming meetings of interest – State of the City presentation to include new marketing logo and tagline on March 4 at the Kenai Chamber of Commerce, and Invest in Kenai meeting on March 10 at the Senior Center to discuss budget ideas for the next fiscal year; • Attended a Census Bureau meeting today, encouraged everyone to participate in the study beginning in March; • Meeting later this week with other staff about development of a City of Kenai Business Guide; • A pending lease application would be at the next Commission meeting for review; and • The development incentive program in place with the changes in the Lands Code was beneficial and spurring action in the business community. K. ADDITIONAL PUBLIC COMMENT – None. L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION – March 11, 2020 N. COMMISSION COMMENTS & QUESTIONS Commissioners expressed interest on the remote tax collection for the City of Kenai. Commissioner Fikes inquired about the tax collection of the cannabis industry in Kenai. She also noted there were two vacant positions with the Kenai River Center. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:52 p.m. Minutes prepared and submitted by: ____________________________ Jacquelyn LaPlante Deputy City Clerk Page 71 Alaska Department of Environmental Conservation 1 KENAI RIVER FACT SHEET January 2020 ISSUE –BACTERIA Sampling along the Kenai River coastal beaches has indicated that there are frequent exceedances of fecal coliform and enterococci bacteria criteria. Microbial source testing (MST) indicates that the predominant source of bacteria is gulls. The majority of exceedances are at two beach sites downstream of a gull rookery, while a small number of exceedances occur near the gull rookery sites. Alaska Department of Environmental Conservation (DEC) regulation (18 AAC 70.010) and policy state that water quality standards in a waterbody may only be exceeded as a result of human actions, therefore DEC does not list a waterbody as impaired for natural conditions. ACTION/PROPOSED ACTION/RECOMMENDED ACTION DEC will maintain the Kenai River coastal beach waters in Category 3 (insufficient information) for the 2018 Integrated Report. BACKGROUND DEC completed a preliminary assessment for the north and south river beach waters based on data collected from 2013-2015. In 2015 the City of Kenai began raking these beaches each night to remove fish waste and discourage birds from spending time there. Additional monitoring completed in 2018 and 2019, and planned for 2020 will demonstrate the effects of beach raking and if bacteria exceedances continue to occur. Beach reports are available on the DEC BEACH Monitoring webpage (https://dec.alaska.gov/water/water-quality/beach-program/). CONCLUSION The 2018 data clearly demonstrate elevated levels of bacteria are present outside of the period when elevated local human populations are present (i.e., dipnet fishery between July 10 and July 31 annually). Human activities may still be contributing, it is unknown to what, if any, extent those activities elevate bacteria levels past natural conditions. Additional MST sampling occurred in 2019, results are under review. NEXT STEPS  DEC will continue to notify the public when bacteria levels exceed standards and issue advisories on precautions that should be taken.  DEC plans to review more recent data from 2018-2019 sampling and complete a final listing determination for the 2020 Integrated Report. Page 72 Alaska Department of Environmental Conservation January 2020 Kenai River Factsheet 2 ISSUE – DISSOLVED ZINC AND COPPER Sampling in the Kenai River mainstem and several tributaries have indicated an increase in dissolved zinc and copper levels. Exceedances of water quality standards do not show a clear pattern and the source is unknown at this time. ACTION/PROPOSED ACTION/RECOMMENDED ACTION DEC will maintain the Kenai River mainstem in Category 3 (insufficient information) for the 2018 Integrated Report. BACKGROUND Water quality monitoring at several locations in the Kenai River watershed has shown potential increases in dissolved zinc and copper concentrations. A review of the literature indicates several possible non-point sources including galvanized metal, automobile tire wear, lawn and landscaping treatments, brake pad wear, motor oil and hydraulic fluids. Potential natural sources include forest fire runoff and natural mineral deposits. Water quality monitoring results for zinc and copper did not exhibit definitive patterns, more information is needed to determine if an impairment exists. Sampling is planned for 2020 in the mainstem and tributaries. CONCLUSION Data from 2000-2017 indicate increasing levels of zinc and copper in the watershed, but sources are unclear based on existing information. Additional data collection in the Kenai River mainstem and tributaries, and planned analysis will occur for a final listing determination. NEXT STEPS  Data collected in 2018 and 2019, and additional data collection planned for 2020 will be used to complete a final listing determination for the 2020 Integrated Report.  Additional tributary sampling is planned in 2020 to better understand patterns and evaluate possible sources. Figure 1. Kenai River bacteria sampling locations (orange) and metal sampling locations (blue). Page 73 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: MARCH 4, 2020 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT GRAINGER 75 HP MOTOR RECREATION OPERATING SUPPLIES 2,962.43 PRIMEX SCADA ASSISTANT WIS CAPITAL PROJ . CONSTRUCTION 11,520.00 HENRY SCHEIN, INC. EMS SUPPLIES FIRE OPERATING SUPPLIES 3,708.13 SEGESSER SURVEYS BARON PARK SUBD. PLAT LAND PROFESSIONALSERVICES 5 ,145.00 SEGESSER SURVEYS KENAI BLUFF REPLAT KENAI BLUFF EROSION LAND 3,370.00 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 U.S. Army Corps of Engineers, Alaska District WILDWOOD AIR FORCE STATION FORMERLY USED DEFENSE SITE FEBRUARY 2020 ENVIRONMENTAL UPDATE The U.S. Army Corps of Engineers, Alaska District (USACE) is distributing this update to provide interested parties with a brief overview of the ongoing environmental cleanup and remediation efforts being conducted under the Defense Environmental Restoration Program (DERP) for the Formerly Used Defense Site (FUDS) at the former Wildwood Air Force Station (AFS). This newsletter presents updates on restoration activities completed or planned at various projects within the Wildwood AFS FUDS property near the City of Kenai, AK. It has been prepared as part of the recommendations of the Public Involvement Plan for the Wildwood AFS FUDS property, which encourages public involvement in the remediation planning process. PROJECT BACKGROUND Wildwood AFS, originally named Seward Station, was constructed as a communications station and activated in 1953 by the U.S. Army. The area of the station totaled 5,300 acres, but military construction was confined to a 125-acre tract. In May 1954, the station was renamed Wildwood Station, and in 1966 the property was transferred to the U.S. Air Force (USAF). The facility included a landfill, rifle and firing ranges, communications facilities, operations and housing facilities, and other facilities until its closure in 1972. After its closure, land ownership was conveyed to U.S. Department of the Interior, who transferred approximately 4,300 acres, including the military facilities developed by USAF, to Kenai Natives Association, Inc. (KNA) in 1974. KNA sold a 125-acre tract to the Alaska Department of Natural Resources in 1994, on which the Alaska Department of Corrections currently operates the Wildwood Correctional Center. A vicinity map of this project is located on the last page of the newsletter. Rena Flint Wildwood AFS FUDS Project Manager PO Box 6898 Joint Base Elmendorf-Richardson, AK 99506-6898 Rena.B.Flint@usace.army.mil (907) 753-2680 FUDS PROGRAM OBJECTIVE The Department of Defense (DoD) is responsible for environmental restoration (cleanup) of properties that were formerly owned by, leased to, or otherwise possessed by the United States and under the jurisdiction of the Secretary of Defense—i.e. the Army, Navy, Air Force, or any other DoD agency. Such properties are known as FUDS. The USACE is responsible for the FUDS program on behalf of the DoD. USACE employs a risk management approach in accomplishing the cleanups and is committed to addressing this contamination in a safe, timely, and responsive manner. Cleanup is a multi-step process that engages many community, tribal, state, and federal partners in identification, investigation, cleanup, and in some cases, long-term management. CONTACT Photo 1. 1965 Wildwood AFS Storage Bunker Area Photo 2. 2019 Storage Bunker Removal by Kenaitze Indian Tribe under the Native American Lands Environmental Mitigation Program. Page 81 PREVIOUS ACTIVITIES USACE initiated environmental investigations at the former Wildwood AFS in 1986 and identified several sites eligible for cleanup under the DERP-FUDS program. Beginning in 1990, USACE, KNA, and the Kenaitze Indian Tribe (KIT) have removed waste containers, transformers, aboveground and underground storage tanks (ASTs/USTs), pipelines, and other debris from the site. In addition, contaminated soil has been excavated and treated. Ongoing groundwater monitoring to sample and treat portions of the site began in 1993. Since the implementation of remedial activities, several sites have met established cleanup goals and have been closed. FORMER TANK FARM The Former Tank Farm site, adjacent to the Wildwood Correctional Center, is accessed via Wildwood Drive east of the Kenai Spur Highway. Between 1993 and 1995, the Tank Farm infrastructure was removed, and a remedial investigation was initiated. Subsurface soil and groundwater contamination was discovered and an in-situ air sparging and vapor extraction remediation system was installed at the site in 1996. The system injected air below the groundwater table and extracted air out of the soil zone above the groundwater table to remove volatile contaminants from both the groundwater and soil zones. The system also provided much-needed subsurface oxygen to support natural microbial degradation of contaminants. It was operated and maintained from 1997 until 2005. USACE performed groundwater and soil sampling throughout the remedial activities to monitor and further delineate the extent of contamination and the effectiveness of the remedy. Review of system operation and monitoring data was conducted in 2006. The remedial system reached a point of diminished return. USACE decommissioned the remediation system in summer 2008. The 2013 Decision Document issued for the site stated the selected remedy was Natural Attenuation with Monitoring and Institutional Controls and that USACE would continue to monitor groundwater annually, record informational notices with the State of Alaska Recorder’s Office for parcels with impacted soil and/or groundwater, and conduct a periodic five-year review. Groundwater sampling was conducted from eight monitoring wells in August 2016, August 2017, August 2018, and June 2019. During the 2019 sampling event, diesel range organics (DRO) was detected in three monitoring wells at a concentration in excess of the Decision Document cleanup criteria. Additionally, free phase product was observed in a fourth monitoring well up gradient from the other monitoring wells. Annual groundwater sampling will continue and trends in the data will be assessed at the end of the five-year monitoring period. Photo 4. 2019 Groundwater Monitoring at the Former Tank Farm CURRENT STATUS In 2019, USACE approved an Inventory Project Report that allows them to increase their management efficiency of the Wildwood AFS by addressing distinct features as individual projects. Five new projects were delineated from the previous project to address these distinct features and are currently in various stages of remedial investigation and cleanup. A sixth project retained four features which required No Further Action and was closed in 2019. The four closed projects include the Operations Building Facility Former Drum Storage Location and the Former Transformer Location, as well as, the Alaska Communication Station Minimally Attended Radar System (ACS MARS) UST 251-1 and the Quonset Hut. A map showing the locations of individual projects within the Wildwood AFS FUDS property can be found on page 4 of this newsletter. Five projects with current project updates —the Former Tank Farm, Operations Building Facility, 12-Acre Landfill, Disposal Trenches, and UST 502-1— are discussed in greater detail in this newsletter. Page 82 FORMER UST 502-1 UST 502-1 was a 500-gallon diesel storage tank located near the southwest extent of the facility that supplied fuel to the station guard shack, now within the currently active Wildwood Correctional Center. The tank was installed in 1957 and removed in 1994. In 2005, USACE identified a small area of DRO contamination below the former UST. Down-gradient DRO concentrations did not exceed ADEC cleanup levels. In 2020, USACE will install one monitoring well and monitor groundwater at the former UST 502-1. DISPOSAL TRENCHES This project addresses an area consisting of nine disposal trenches (trenches A-I) located in the western area of the Wildwood AFS. The trenches were used by the AFS as a solid waste disposal area, and tires, metal scraps, wood, and rusted 55- gallon drums were found in the trenches during a remedial investigation in 1993. USACE soil and groundwater sampling found contaminant concentrations below cleanup levels. The trenches were capped, graded, and seeded during 1997. Berms and ditches were constructed to prevent vehicle access. Survey monuments were placed and final as-built was produced in 1999. USACE plans to communicate where buried waste remains in place and to prepare an informational Notice of Non-Municipal Landfill Closure for the State of Alaska Recorder’s Office needed to close out this project. OPERATIONS BUILDING FACILITY The Operations Building Facility is located in the north-central portion of the Wildwood AFS FUDS property. The facility formerly consisted of an operations building that housed computer and heating, ventilating, and air conditioning systems, a shop with a boiler and generator, a transformer storage area, a drum storage location, two ASTs and two USTs. Currently, the site consists of a large, level, open area approximately 1 acre in size. Two features—the Former Drum Storage Location and the Former Transformer Location—have achieved No Further Action status and been closed. As part of the 2019 new project delineation, the Former ASTs/USTs feature has become its own project. USACE has determined that additional monitoring is needed to achieve its goals at this site. USACE has conducted groundwater sampling five times since 2015, with the most recent event occurring in June 2019. Concentrations were all below Alaska Department of Environmental Conservation (ADEC) groundwater cleanup levels. KIT, through the Native American Lands Environmental Mitigation Program (NALEMP), plans a future soil removal action. Continued annual groundwater sampling is recommended to monitor contaminant trends at the site. Concentrations were all below ADEC groundwater cleanup levels. 12-ACRE LANDFILL The 12-Acre Landfill Area is located near the western boundary of the Wildwood AFS property. It was used for solid waste disposal during the operation of the Wildwood AFS. Following removal actions in 1997 and 1998, the landfill was capped and graded. Routine groundwater monitoring occurred until 1999. A groundwater monitoring event in 2009 detected vinyl chloride concentrations below ADEC cleanup levels in place at the time. In 2020, USACE will install two monitoring wells and conduct groundwater monitoring needed to close out this project. KIT, through cooperative agreement with DoD under NALEMP, is removing buried debris. Photo 5. 2019 Groundwater Monitoring at the Operations Building Former ASTs/USTs Photo 6. Current Site Condition at the Former Operations Buildings 100 and 101 Photo 7. 2019 12-Acre Landfill Debris Removal by KIT Page 83 FIGURE 1. WILDWOOD AFS PROJECT LOCATION MAP Page 84 LEARN MORE Information regarding the Wildwood AFS FUDS project is available for public review in the information repository at the Kenai Community Library. Kenai Community Library 163 Main St. Loop Kenai, AK 99611 (907) 283-4378 kenailibrary@kenai.city Available documents may include community relations plans, technical memoranda, remedial investigations, and removal action work plans and reports. Information is also available from the USACE- Alaska District Public Affairs Office by phone at 907-753-2520 or by email at public.affairs3@usace.army.mil. Please help us by forwarding this newsletter to other members of the community and look out for our next newsletter, planned for release in May 2020! FIGURE 2. WILDWOOD AFS VICINITY MAP Page 85 MARCH 4, 2020 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to item D.5. Resolution No. 2020-12 • Substitute Resolution • Substitute Memo City Manager Add to item J.1. City Manager’s Report • Kenai Visitor and Cultural Center Report City Manager _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2020 – 12 (SUBSTITUTE) A RESOLUTION OF THE CITY OF KENAI, ALASKA, SELECTING THE FIRM FOR THE KENAI MUNICIPAL AIRPORT ENGINEERING SERVICES. WHEREAS, the City of Kenai released a Request for Proposals on January 23, 2020 for a term agreement to provide Engineering Services for the Kenai Municipal Airport; and, WHEREAS, proposals were due on February 18, 2020; and, WHEREAS, the City received proposals from HDL Engineering Consultants, PDC Engineers, and Wince Corthell Bryson Engineers; and, WHEREAS, a selection committee reviewed all of the proposals with the scoring results indicated below; and, Firm Score HDL Engineering Consultants 267.6 PDC Engineers 265 Wince Corthell Bryson Engineers 253.6 WHEREAS, Administration recommends retaining HDL Engineering Consultants, to provide the requested Engineering Services from approximately March 16, 2020 through March 16, 2023, with an option to extend for two one year terms with both parties consent; and, WHEREAS, each individual Kenai Municipal Airport Project will be negotiated separately with HDL Engineering Consultants within budgeted amounts and with no minimum quantity of work guaranteed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council authorizes the City Manager to execute a term agreement with HDL Engineering Consultants, to provide Engineering Services to the City for the airport for three years beginning on approximately March 16, 2020 with the option to extend for two successive one-year terms by mutual consent of the parties at the discretion of the City Manager. Each project shall be negotiated separately with HDL Engineering Consultants, within budgeted amounts and no minimum quantity of work is guaranteed. Section 2. That this Resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2020. Resolution No. 2020-12 Page 2 of 2 BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk MEMORANDUM (SUBSTITUTE) TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: March 4, 2020 SUBJECT: Resolution 2020-12 – RFP Firm Selection for KMA AE Services The City of Kenai released a Request for Proposals on January 23, 2020 with Proposals due on February 18, 2020 for a term contract to provide Engineering Services for the Kenai Municipal Airport. This is generally done every five years. This agreement provides Professional Services to assist the City with executing Capital Projects for the Airport. Three proposals were received with HDL Engineering Consultants providing the highest scoring proposal. Administration recommends retaining HDL Engineering Consultants to provide the requested Architectural and Engineering Services from approximately March 16, 2020 through March 16, 2023, with an option to extend for two one year terms with consent from both parties. Each individual KMA project that arises will be negotiated separately with HDL Engineering Consultants within budgeted amounts with no minimum quantity of work guaranteed due to the nature of applying and receiving grants from the Federal Aviation Administration (FAA). Council’s support is respectfully requested. Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report January 2020 KVCC Walk in Visitor Count Month 2016 2017 2018 2019 2020 January 902 884 463 773 1,098 *Of the 1,098 KVCC walk-ins, we estimate 395 attendees for facility rentals and the remaining 703 would be visitor traffic. Official Kenai Guide Mailings Month 2016 2017 2018 2019 2020 January 1,079 1,844 1,393 0 0 Official Kenai Guide Display Racks Location 2016 2017 2018 2019 2020 Airport Hotel – Kenai 0 100 135 0 Aspen – Kenai 96 0 100 135 0 Aspen – Soldotna 96 0 100 135 0 Charlotte’s Restaurant 0 270 0 City Hall 192 0 100 135 0 Country Foods/IGA 192 0 150 270 53 Diamond M Ranch 96 0 0 135 0 Everything Bagels 0 100 193 0 Kenai Airport 480 576 457 450 0 Kenai Wash & Dry 45 Mad Moose Restaurant 0 Paradisos Restaurant 192 0 100 270 15 Quality Inn 192 96 100 270 0 Safeway – Kenai 384 0 200 135 0 Safeway – Soldotna 0 77 75 Soldotna Inn 192 0 100 270 0 Sportsmans Warehouse 192 0 200 270 15 The Cannery Lodge 270 0 Three Bears 192 0 100 270 0 Veronica’s 96 0 0 99 0 Other Q1 Total Guide Count 2,592 672 1,907 3,789 203 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report January 2020 *Note: In January, we send guides to Anchorage Brochure Distribution to distribute to the following locations throughout the year. ABD also supplies literature to many hotels and businesses that do not have one of their displays.* Downtown Downtown Tour Group 4th Street Mall Anchorage Guesthouse Anchorage Grand Hotel Anchorage Historic Hotel Clarion Suites Comfort Inn International Auto Logistics Marriott Ramada Ship Creek RV The Aviator Quality Inn JBER Outdoor Rec Ft. Rich Oasis Travel YMCA Outdoor Rec Elm AFB Airforce Inn Whittier/Girdwood Inn at Whittier Portage Train Station Midtown Best Western Golden Lion AAA Travel Clippership RV Extended Stay Golden Nugget RV Cruise America RV Rentals Fairfield Inn Marriott Hilton Garden Inn Home2 by Hilton Marriott Springhill Suites 36th Springhill Suites Providence Spenard ABC Motorhome ALEX Inn & Suites Coast International Inn Comfort Suites Courtyard Marriott Executive Suites Holiday Inn Express La Quinta Midnight Sun Car Rental Rent-A-Subaru Puffin Inn Microtel Barratts Travel Lodge # of guides sent to Anchorage Brochure Distribu tion in January 5yr Comparison 2016 2017 2018 2019 2020 Anchorage Brochure Distribution 20,000 15,000 15,000 22,425* 0** *Anchorage Brochure ran out of guides in July. We shipped 7,425. **2020 ENA Guides not printed yet. Estimated March 2020 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report January 2020 Facility Rental/Community Usage Organization/Company Hours of Usage Alaska Support Industry Alliance Membership Luncheons 2.5 District 30 Town Hall Meeting - Gary Knopp 2.25 KDLL Radio Adventure Talks 3 KDLL Picklefest 4 Kenai Chamber Board Meetings 2.5 Kenai Historical Society Membership Meetings 2.5 Prevention Gathering – ANDVSA 17 January 2020 Facility Usage: 33.75hrs Kenai City Council - Regular Meeting Page 1 of 4 March 04, 2020 Kenai City Council - Regular Meeting March 04, 2020 – 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city ACTION AGENDA 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) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3107-2020 - Increasing Estimated Revenues and Appropriations in the Congregate Housing Funds for Costs in Excess of Budgeted Amounts. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3108-2020 - Increasing Estimated Revenues and Appropriations in the General Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the City's General Fund. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3109-2020 - Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Scott Summers for Attending a Paramedic Internship Program. (Administration) Kenai City Council - Regular Meeting Page 2 of 4 March 04, 2020 4. ADOPTED UNANIMOUSLY. Resolution No. 2020-11 - Awarding a Contract to Provide Health & Life Insurance Consulting Services. (Administration) 5. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2020-12 - Selecting the Firm for the Kenai Municipal Airport Engineering Services. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2020-13 - Supporting Senate Bill No. 232 - An Act Relating to Personal Use Fishing Permits, That Would Establish a Fee for Personal Use Dipnetting to be Used by the State and City of Kenai to Support Personal Use Dipnet Fisheries. (Council Member Peterkin) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of February 19, 2020 2. APPROVED BY THE CONSENT AGENDA. *Work Session Summary of February 19, 2020 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET 03/18/2020. *Ordinance No. 3110-2020 - Amending Kenai Municipal Code Section 23.55.030 - Qualification Pay, to Add Additional Qualification Pay Items to the List of Those for Which Employees Continue to Receive While on Annual Leave or When Receiving Holiday Pay. (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET 03/18/2020. *Ordinance No. 3111-2020 - Increasing Estimated Revenues and Appropriations in the Terminal Improvements Capital Fund, and Authorizing an Increase to the Construction Purchase Order to Blazy Construction, Inc. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET 03/18/2020. *Ordinance No. 3112-2020 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Fund, and Authorizing an Increase to the Construction Purchase Order to Kirila Fire, Inc. (Administration) 5. FAILED UNANIMOUSLY. Action/Approval - Proposed Amendment to Kenai Peninsula Borough Ordinance No. 2019-24 - An Ordinance Adopting KPB 20.80, Subdivision Gated Streets and Gated Subdivisions. (Legal) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Kenai City Council - Regular Meeting Page 3 of 4 March 04, 2020 2. Airport Commission 3. Harbor Commission 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 L. EXECUTIVE SESSION 1. To Discuss a Request to Purchase Properties Located at 11823 Kenai Spur Highway, Kenai, Alaska, Also Known as “Anchor Camp Ground,” Pursuant to AS 44.62.310(c )(1)(3) is 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. M. PENDING ITEMS 1. Ordinance No. 3106-2020 - Amending Title 11 - Harbor and Harbor Facilities, to Remove Provisions that are No Longer Historically Relevant, Recognize Changes to Other Chapters of City Code That Now Provide for Lease and Sale of Harbor Lands and Provide the Harbor Commission a Platform to Move Forward. (Council Members Peterkin and Glendening) N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. Kenai Historical Society Newsletter - February 2020 Kenai City Council - Regular Meeting Page 4 of 4 March 04, 2020 3. Wildwood Formerly Used Defense Site - 02/2020 Environmental Update The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE MARCH 4, 2020 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolut ion(s) at the above-referenced meeting . 1. ENACTED UNANIMOUSLY. Ordinance No. 3107-2020 -Increasing Estimated Revenues and Appropriations in the Congregate Housing Funds for Costs in Excess of Budgeted Amounts . (Administration) 2 . ENACTED UNANIMOUSLY. Ordinance No. 3108-2020 -Increasing Estimat ed Revenues and Appropriations in the General Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the City's General Fund . (Admin istration ) 3. ENACTED UNANIMOUSLY. Ordinance No. 3109-2020 -Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Scott Summers for Attend ing a Paramedic Internsh ip Program. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2020-11 -Awarding a Contract to Provide Health & Life Insurance Consulting Services . (Admin istra ti on) 5. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2020-12 -Selecting the Firm for the Kenai Municipal Airport Engineering Services . (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2020-13 -Supporting Senate Bill No . 232 -An Act Relating to Personal Use Fishing Permits, That Would Establ ish a Fee for Personal Use Dipnetting to be Used by the State and City of Kenai to Support Personal Use Dipnet Fisheries . (Council Member Peterkin) Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk . Please be advised , subject to legal limitations, ordinances and/or resolutions may have been amended by the Council prior to adoption without further public notice. NOTICE OF PUBLIC HEARING MARCH 4, 2020 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City Council of the City of Kenai w ill conduct a public hearing on the following Ordinance(s) and/or Resolution(s) on the above-noted meeting date: 1. Ordinance No. 3107-2020 -Increasing Estimated Revenues and Appropriations in the Congregate Housing Funds for Costs in Excess of Budgeted Amounts . 2. Ordinance No. 3108-2020 -Increasing Estimated Revenues and Appropriations in the General Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the City's General Fund. 3. Ordinance No. 3109-2020 -Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Scott Summers for Attending a Paramedic Internship Program. 4. Resolution No. 2020-11 -Awarding a Contract to Provide Health & Life Insurance Consulting Services. 5. Resolution No . 2020-12 -Selecting the Firm for t he Kenai Municipal Airport Engineering Services . 6. Resolution No. 2020-13 -Supporting Senate Bill No. 232 -An Act Relating to Personal Use Fishing Permits, That Would Establish a Fee for Personal Use Dipnetting to be Used by the State and City of Kenai to Support Personal Use Dipnet Fisheries . 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 Cler k 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 public notice .