HomeMy WebLinkAbout2021-02-08 Harbor Commission PacketKENAI HARBOR COMMISSION
REGULAR MEETING
FEBRUARY 8, 2021 – 6:00 P.M.
KENAI CITY HALL
210 FIDALGO AVE., KENAI, AK 99611
*Telephonic/Virtual Information Below*
http://www.kenai.city
1. CALL TO ORDER
a. Pledge of Allegiance
b. Roll Call
c. Election of Chair and Vice-Chair
d. Agenda Approval
2. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)
3. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes
per speaker; thirty (30) minutes aggregated)
4. APPROVAL OF MEETING SUMMARY
a. November 9, 2020…………………………………………………………………Pg. 3
b. January 25, 2021…………………………………………………………………..Pg. 6
5. UNFINISHED BUSINESS
6. NEW BUSINESS
a. Discussion – Request for Proposals (RFP) 2021 City of Kenai Bluff Bank
Stabilization Professional Engineering Services……………………………..…Pg. 8
b. Discussion – KMC Title 11.10 Overview of Commission Responsibilities….Pg. 9
7. REPORTS
a. Public Works Director
b. Commission Chair
c. City Council Liaison………………………………………………………………Pg. 10
8. NEXT MEETING ATTENDANCE NOTIFICATION
a. March 8, 2021
9. COMMISSIONER COMMENTS AND QUESTIONS
10. ADDITIONAL PUBLIC COMMENT
11. INFORMATION ITEMS
a. Resolution No. 2021-03……………………………………………………..……Pg. 27
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12. ADJOURNMENT
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KENAI HARBOR COMMISSION
REGULAR MEETING
NOVEMBER 9, 2020 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
COMMISSION CHAIR DUNN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Commissioner Chair Dunn called the meeting to order at approximately 6:00 p.m.
a. Pledge of Allegiance
Commissioner Chair Dunn led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: Chair M. Dunn, C. Crandall, B. Bornemann, B. Peters, C.
Hutchison, N. Berga
Commissioners absent: J. Desimone
Staff/Council Liaison present: Public Works Director S. Curtin, City Clerk J. Heinz, Council
Member J. Glendening
A quorum was present.
MOTION:
Commissioner Crandall MOVED to approve the agenda as written and Commissioner Peters
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. October 12, 2020
MOTION:
Commissioner Crandall MOVED to approve the meeting summary of October 12, 2020 and
Commissioner Hutchison SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
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Harbor Commission Meeting Page 2 of 3
November 9, 2020
a. Discussion – Project Status Updates
Public Works Director Curtin provided an update on the following:
• City Dock Project: the cathodic protection system is now installed. Will be shutting down
soon due to winter weather, and will re-start in the spring for incidental repairs related to
grouting and repairing cracks on pier.
• Beach Vault Restroom Project: all of the concrete work and block work is now complete in
all four restrooms. Will be working on roof systems over the next 2 weeks, probably will be
complete in a month.
• Peninsula Avenue Buff Erosion Project: is now shut down for winter. Only work left is some
topsoil and hydroseeding, which will be completed in spring. Project is on-time and on-
budget, and is going very well.
• Bluff Stabilization Project: initial kickoff meeting for design phase took place on November
6 with City Manager and managers with the Army Corps of Engineers, with second meeting
scheduled for November 12. Next step is hiring an engineering team to star putting project
together. Currently waiting on Corps to fund their part of the project.
b. Discussion – Dock Floats Construction, Material Selections
Public Works Director Curtin provided samples of deck material for viewing and discussion.
Reported that the goal this winter is to get materials on order, and have the one full run of floats
built between January and March 2021.
c. Discussion – Confirmation of Current Capital Projects, Float Replacements, Boat
Ramp Concrete Repairs, and Others
Public Works Director Curtin provided an update on the following:
• Boat Ramp Concrete Repairs: Will be asking for $125,000 in July for the one that is most
deteriorated. Noted that it does compete with other projects, and does not know if it will be
funded.
• Dredging: hopes to coordinate some of the work with the Army Corps of Engineers while
working on the Bluff Stabilization Project. A temporary grant writer is currently being
recruited, and plans to seek their assistance writing a grant application.
• Current Capital Projects: noted that he feels comfortable with what they have in Capital
Plan, and feels confident current projects will be completed. Provided overview of other
minor maintenance and repairs that he plans to have completed.
Other topics discussed included:
• A suggestion to provide fish cleaning tables in parking lot, at which discarded fish material
can be collected. Noted that this can be used as an additional revenue stream, as
canneries will purchase the fish waste, and would also help control mess during fishing
season.
• A request for update on the potential for a drift boat pullout.
7. REPORTS
a. Public Works Director – Nothing Additional to Report
b. Harbor Commission Chair – No Report
c. City Council Liaison – B. Molloy noted the actions of the previous Council
Meetings.
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Harbor Commission Meeting Page 3 of 3
November 9, 2020
8. NEXT MEETING ATTENDANCE NOTIFICATION – February 8, 2021
9. COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Hutchison inquired about dredging grants, and expressed interest in making the
dredging happen.
Commissioners Peters welcomed back B. Molloy as Council Liaison. He expressed his support
for the idea of fish-cleaning tables that was presented earlier. Commended Public Works Director
and his staff for their work on the Float Replacement Project. Wished happy holidays to the public,
administration, and fellow commissioners.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 6:46 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
City Clerk
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KENAI HARBOR COMMISSION
REGULAR MEETING
JANUARY 25, 2021 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
COMMISSION CHAIR 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
Commissioner Chair Dunn led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: Chair M. Dunn, C. Crandall, B. Bornemann, C. Hutchison, N.
Berga, D. Peck
Commissioners absent: B. Peters
Staff/Council Liaison present: Public Works Director S. Curtin, Deputy Clerk M. Thibodeau,
Council Member B. Molloy
A quorum was present.
MOTION:
Commissioner Crandall MOVED to approve the agenda as written and Commissioner Berga
SECONDED the motion. There were no objections; SO ORDERED.
2. UNSCHEDULED PUBLIC COMMENT – None.
3. NEW BUSINESS
a. Discussion/Recommendation – Commission Formal Approval of Harbor-
Related Capital Projects.
Public Works Director Curtin provided an overview of Harbor-related Capital Projects. He noted
that the ones up for approval tonight are the same ones that the Harbor Commission discussed
and vetted out last year, and they are just continuing to work the plan. Float replacements and
concrete ramp repairs are included for this next year, with another round of float replacements in
2023. Regarding the dredging, he noted that the City does not have enough information at this
time in regards to cost, funding, and Corps assistance to include in the plan. As this information
becomes available, it will be added to the plan at a later date.
MOTION:
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Harbor Commission Meeting Page 2 of 2
November 9, 2020
Commissioner Crandall MOVED to approve the Harbor-Related Capital Projects as presented,
and Commissioner Bornemann SECONDED the motion.
VOTE:
YEA: Dunn, Bornemann, Hutchison, Peck, Crandall, Berga
NAY:
MOTION PASSED UNANIMOUSLY.
4. NEXT MEETING ATTENDANCE NOTIFICATION – February 8, 2021
5. COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Crandall thanked everyone for attending and welcomed new Commissioner Peck.
Commissioner Peck noted that it was good to meet everyone, and he looks forward to meeting in
person.
Commissioner Hutchison requested that the Public Works Director provide an update on the Bluff
Erosion Project for the February 8th meeting.
6. ADDITIONAL PUBLIC COMMENT – None.
7. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 6:15 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Meghan Thibodeau
Deputy City Clerk
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MEMORANDUM
TO: Harbor Commission
FROM: Meghan Thibodeau, Deputy City Clerk
DATE: February 1, 2021
SUBJECT: RFP 2021 Bluff Bank Stabilization – Website and Related Documents
For further information about Request for Proposals (RFP) 2021 City of Kenai Bluff Bank
Stabilization Professional Engineering Services, please use the link below to access the City of
Kenai’s website page and related documents:
https://www.kenai.city/publicworks/page/request-proposals-rfp-2021-city-kenai-bluff-bank-
stabilization-professional
Thank you for your consideration.
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Municipal Code -Titl!?ll Harbor and Harbor Eacilitjes -
Sections:
11.10.010
Chapter 11.10
HARBOR COMMISSION
Duties and powers.
Prior leglslatlon: Ord. 1032.
111.10.010 Duties and powers.
(a) The Harbor Commission shall be required to do the following:
MUNICIPAL CODE
(1) Develop, adopt, alter, or revise, subject to approval by the City Council, a master plan for
the physical development of harbor or port facilities for the City. Such master plan with
accompanying maps, plats, charts, descriptive, and explanatory matter, shall show the
Harbor Commission's recommendations for the development of the City harbor facilities
may include, among other things:
(i) Development of the type, location, and sequence of all public harborfacilities;
(ii) The relocation, removal, exten sion, or change of use of existing harbor facilities;
(2) Submit annually to the City Manager and Council, not less than ninety (90) days prior to
the beginning of the budget year, a list of the recommended capital improvements which,
in the opinion of the Commission, are necessary or desirable to be constructed during the
forthcoming three (3) year period. Such list shall be arranged in order of preference, with
recommendations as to which projects shall be constructed in which year.
(3) Make investigations regarding any matter related to City harbor facilities, tide or
submerged lands. Make recommendations to the Council relative to the care, control, and
development of tide and submerged lands.
(4) Review all City leases of City-owned tide, submerged, and lands or navigable waters
within the City, and as to the planned improvements proposed and make
recommendations to the City Counci I.
(5) Make and prepare reports and plans for approval by the City Council.
(6) Coordinate public efforts, individual and group, to the effectuation of approved plans.
(7) Sha I I act in advisory capacity in the selection of a Harbor Master shou Id such a position be
created bY the City Council.
(Ords. 474, 1161, 1802-98, 3106-2020)
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Kenai City Council - Special Meeting Page 1 of 1
November 23, 2020
Kenai City Council - Special Meeting
November 23, 2020 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
*Telephonic/Virtual Information Below*
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
B. PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
C. PUBLIC HEARING
1. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2020-89 - Opposing
Alternative 4 Proposed to the North Pacific Fishery Management Council that would Close
All Federal Waters in Cook Inlet to Commercial Salmon Fishing. (Mayor Gabriel)
E. ADJOURNMENT
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Join Zoom Meeting https://us02web.zoom.us/j/85172783701 Meeting ID: 851 7278 3701 Passcode: 960578 OR Dial In: (253) 215-8782 or (669) 900-6833 Meeting ID: 851 7278 3701 Passcode: 960578
10
Kenai City Council - Regular Meeting Page 1 of 4
December 02, 2020
Kenai City Council - Regular Meeting
December 02, 2020 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
*Telephonic/Virtual Information on Page 3*
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. COUNCIL APPOINTMENT
1. VICTORIA ASKIN APPOINTED TO CITY COUNCIL. Selection of Appointee with the
Continuation of Interviews if Needed.
[Clerk’s Note: Council May Convene into Executive Session to Discuss this Agenda Item
which May be a Subject that Tends to Prejudice the Reputation and Character of the
Candidates for the Vacant City Council Seat (AS 44.62.310(C)(2))]
2. Appointee Oath of Office
E. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 3166-2020 - Increasing Estimated Revenues
and Appropriations in the Airport Special Revenue and Airport Improvements Capital
Project Funds and Authorizing a Professional Services Agreement to Develop Condition
Assessments for the Airfield Drainage Safety Area and Asphalt Runway Areas of the Kenai
Municipal Airport.
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Kenai City Council - Regular Meeting Page 2 of 4
December 02, 2020
2. ADOPTED UNANIMOUSLY. Resolution No. 2020-90 - Approving the Use of the Fleet
Replacement Fund for the Purchase of Three Police Department Trucks Utilizing the State
of Alaska Equipment Fleet Contract.
3. ADOPTED UNANIMOUSLY. Resolution No. 2020-91 - Authorizing a Budget Transfer in
the COVID-19 CARES Act Recovery Fund to Increase Funding for Housing Assistance,
Food Assistance, and First Responder Payroll.
4. ADOPTED UNANIMOUSLY. Resolution No. 2020-92 - Adopting an Alternative Allocation
Method for the FY21 Shared Fisheries Business Tax Program and Certifying that this
Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries
Business Activity in FMA 14: Cook Inlet.
F. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of November 4, 2020.
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/16/2020.
*Ordinance No. 3167-2020 - Increasing Estimated Revenues and Appropriations in the
Cares Act Recovery Special Revenue Fund.
3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/16/2020.
*Ordinance No. 3168-2020 - Increasing Estimated Revenues and Appropriations in the
Airport Operations Facility, Airport Snow Removal Equipment, Terminal Improvement,
Airport Improvements, Personal Use Fishery, Animal Control Improvements, Public Safety
Improvements, City Shop Improvements, Municipal Roadway Improvements, Water and
Sewer Improvements, and Wastewater Treatment Facility Improvements Capital Project
Funds to Transfer Residual Balances from Completed or Canceled Projects Back to their
Original Funding Sources.
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/16/2020.
*Ordinance No. 3169-2020 - Increasing Estimated Revenues and Appropriations in the
General Fund, Finance Department for the Payment of Fees in Connection with the
Collection of Remote Seller Sales Tax by the Alaska Remote Seller Sales Tax Commission
on Behalf of the City of Kenai.
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/16/2020.
*Ordinance No. 3170-2020 - Accepting and Appropriating a Grant from the State of Alaska
for the Purchase of Library Books.
6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/16/2020.
*Ordinance No. 3171-2020 - Accepting and Appropriating a State of Alaska Grant Passed
through the Southern Region EMS Council, Inc. for Two Automatic External Defibrillator
(AED) Trainers and One Advanced Life Support (ALS) Skills Training Mannequin.
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Kenai City Council - Regular Meeting Page 3 of 4
December 02, 2020
7. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12/16/2020.
*Ordinance No. 3172-2020 - Waiving the $5,000 Limitation in KMC 7.25.020 (A) for
Allocating CARES Act Funds to Allow the City Manager to Allocate the Funds to the Proper
Account as Needs Arise and Time to Utilize the Funds Expires, and Declaring an
Emergency.
8. APPROVED UNANIMOUSLY AS AMENDED. Action/Approval - Amendment to a
Special Use Permit to RAVN for Additional Space of Warm Storage.
9. APPROVED UNANIMOUSLY. Action/Approval - Council Confirmation of Mayoral
Nominations to the City's Commissions and Committee.
10. APPOINTMENTS OF GLENDA FEEKEN, DEREK LEICHLITER, PAUL MINELGA, TERRI
WILSON, DON ERWIN, RACHAEL CRAIG, MIKE DUNN, BOB PETERS, T. GRAND
WISNIEWSKI, AND DAVID RIGALL CONFIRMED. Discussion - Future Council and
Commission Meeting Format.
I. COMMISSION / COMMITTEE REPORTS
1. Council on Aging report.
2. Airport Commission report.
3. Harbor Commission report.
4. Parks and Recreation report.
5. Beautification Committee report.
6. Mini-Grant Steering Committee report.
J. REPORT OF THE MAYOR
K. ADMINISTRATION REPORTS
1. City Manager report.
2. City Attorney report.
3. City Clerk report.
L. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
M. EXECUTIVE SESSION – See D.1.
N. PENDING ITEMS
O. ADJOURNMENT
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Kenai City Council - Regular Meeting Page 4 of 4
December 02, 2020
P. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
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.
Join Zoom Meeting https://us02web.zoom.us/j/86739748798 OR Dial In: (253) 215-8782 or (669) 900-6833 Meeting ID: 867 3974 8798 Passcode: 785923 Meeting ID: 867 3974 8798 Passcode: 785923
14
Kenai City Council - Regular Meeting Page 1 of 5
December 16, 2020
Kenai City Council - Regular Meeting
December 16, 2020 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 4**
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)
1. John Williams - Nomination to Cook Inlet Regional Citizen's Advisory Council Seat,
Summer 2021 Events, and Visitor Center Anniversary.
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. 3167-2020 - Increasing Estimated Revenues
and Appropriations in the Cares Act Recovery Special Revenue Fund.
2. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3168-2020 - Increasing
Estimated Revenues and Appropriations in the Airport Operations Facility, Airport Snow
Removal Equipment, Terminal Improvement, Airport Improvements, Personal Use Fishery,
Animal Control Improvements, Public Safety Improvements, City Shop Improvements,
Municipal Roadway Improvements, Water and Sewer Improvements, and Wastewater
Treatment Facility Improvements Capital Project Funds to Transfer Residual Balances from
Completed or Canceled Projects Back to their Original Funding Sources.
3. ENACTED UNANIMOUSLY. Ordinance No. 3169-2020 - Increasing Estimated Revenues
and Appropriations in the General Fund, Finance Department for the Payment of Fees in
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Kenai City Council - Regular Meeting Page 2 of 5
December 16, 2020
Connection with the Collection of Remote Seller Sales Tax by the Alaska Remote Seller
Sales Tax Commission on Behalf of the City of Kenai.
4. ENACTED UNANIMOUSLY. Ordinance No. 3170-2020 - Accepting and Appropriating a
Grant from the State of Alaska for the Purchase of Library Books.
5. ENACTED UNANIMOUSLY. Ordinance No. 3171-2020 - Accepting and Appropriating a
State of Alaska Grant Passed through the Southern Region EMS Council, Inc. for Two
Automatic External Defibrillator (AED) Trainers and One Advanced Life Support (ALS) Skills
Training Mannequin.
6. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3172-2020 - Waiving the
$5,000 Limitation in KMC 7.25.020 (A) for Allocating CARES Act Funds to Allow the City
Manager to Allocate the Funds to the Proper Account as Needs Arise and Time to Utilize
the Funds Expires, and Declaring an Emergency.
7. ADOPTED UNANIMOUSLY. Resolution No. 2020-93 - Authorizing the City Manager to
Execute a Professional Services Agreement for 2021 Fire Systems Testing, Inspection &
Monitoring Project.
8. ADOPTED UNANIMOUSLY. Resolution No. 2020-94 - Authorizing the City Manager to
Enter into an Amended Restaurant Concession Agreement at the Kenai Municipal Airport
with Brothers Cafe.
9. ADOPTED UNANIMOUSLY. Resolution No. 2020-95 - Authorizing the City Manager to
Execute a Professional Engineering Services Agreement for the Kenai Waste Water
Treatment Plant (WWTP) Sludge Press Replacement Project.
10. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2020-96 - Further Extending
the Disaster Emergency Declaration for the City of Kenai Made on March 18, 2020 in
Response to the COVID-19 Health Emergency.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Special Meeting of November 23, 2020.
2. APPROVED BY THE CONSENT AGENDA. *Work Session Summary of December 2,
2020.
3. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of December 2, 2020.
4. APPROVED BY THE CONSENT AGENDA. *Work Session Summary of December 9,
2020.
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over
$15,000.
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Kenai City Council - Regular Meeting Page 3 of 5
December 16, 2020
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to Liquor
License Renewals for Kenai Golf Course and 2 Go Mart.
4. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Special Use Permit to
Schilling Alaska, Inc., d/b/a the Uptown Motel for Snow Storage.
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/6/2021.
*Ordinance No. 3173-2020 - Accepting and Appropriating Asset Forfeiture Sharing Funds
for the Police Department for the Purpose of Purchasing Law Enforcement Equipment.
6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/6/2021.
*Ordinance No. 3174-2020 - Accepting And Appropriating a FM Global Fire Prevention
Grant for the Purchase of Two Ipads and Accessories to be Used Toward Fire Prevention
Efforts.
7. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/6/2021.
*Ordinance No. 3175-2020 - Increasing Estimated Revenues and Appropriations in the
Airport Improvements Capital Fund and Authorizing an Increase to the Construction
Purchase Order to Kirila Fire, Inc.
8. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/6/2021.
*Ordinance No. 3176-2020 - Increasing Estimated Revenues and Appropriations in the
Airport Special Revenue and the Airport Snow Removal Equipment Capital Project Funds
to Provide Supplemental Funding for the Project, and Authorizing a Purchase Agreement
for the Purchase of a Replacement Wide-Area Tractor & Mower.
9. APPOINTMENTS OF GARY GREENBERG, JOE HALSTEAD, AND ALEX DOUTHIT
CONFIRMED. Action/Approval - Confirmation of Mayoral Nominations for Appointment
to the Planning and Zoning Commission.
10. APPOINTMENTS OF MICHAEL BERNARD AND ROY WILLIAMS CONFIRMED.
Action/Approval - Confirmation of Mayoral Nominations for Appointment to Various City
Commissions.
11. APPOINTMENT OF JOHN WILLIAMS CONFIRMED. Action/Approval – Confirmation of
Mayoral Nomination for Appointment of City of Kenai Representative to the Cook Inlet
Regional Citizens Advisory Council Board.
12. APPOINTMENT OF COUNCIL MEMBER HENRY KNACKSTEDT CONFIRMED.
Action/Approval - Mayoral Nomination of a Council Member to the Supervisory Sub-
Committee.
13. Discussion - Update Regarding Remote Sellers Sales Tax.
14. AGREEMENT THAT CITY OF KENAI COORDINATE WITH CITY OF SOLDOTNA IN
CAMPAIGN AGAINST COVID-19 THAT WILL PROVIDE INFORMATION REGARDING
THE VACCINE AND OTHER HEALTH PROTECTIONS. Discussion - Coordinating with
Soldotna on a Community Led Campaign Against COVID-19.
15. Discussion - COVID-19 Response.
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Kenai City Council - Regular Meeting Page 4 of 5
December 16, 2020
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning & Zoning Commission report.
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
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
2. Marathon Pipe Line Emergency Notification Letter
3. Thank You from Kenai Chamber of Commerce
4. Cook Inlet Regional Citizens Advisory Council Report - December
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.
18
Kenai City Council - Regular Meeting Page 5 of 5
December 16, 2020
Join Zoom Meeting
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Meeting ID: 850 6748 8222 Passcode: 616807
19
Kenai City Council - Regular Meeting Page 1 of 3
January 06, 2021
Kenai City Council - Regular Meeting
January 06, 2021 ꟷ 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)
1. Jodi Stuart - Annual update of Project Homeless Connect.
2. Coy West - City of Kenai Tourism and Marketing Update.
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. 3173-2020 - Accepting and Appropriating
Asset Forfeiture Sharing Funds for the Police Department for the Purpose of Purchasing
Law Enforcement Equipment.
2. ENACTED UNANIMOUSLY. Ordinance No. 3174-2020 - Accepting And Appropriating a
FM Global Fire Prevention Grant for the Purchase of Two Ipads and Accessories to be Used
Toward Fire Prevention Efforts.
3. ENACTED UNANIMOUSLY. Ordinance No. 3175-2020 - Increasing Estimated Revenues
and Appropriations in the Airport Improvements Capital Fund, and Authorizing an Increase
to the Construction Purchase Order to Kirila Fire, Inc.
4. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3176-2020 - Increasing
Estimated Revenues and Appropriations in the Airport Special Revenue and the Airport
Snow Removal Equipment Capital Project Funds to Provide Supplemental Funding for the
20
Kenai City Council - Regular Meeting Page 2 of 3
January 06, 2021
Project, and Authorizing a Purchase Agreement for the Purchase of a Replacement Wide-
Area Tractor & Mower.
• Substitute Ordinance No. 3176-2020
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of December 16, 2020.
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over
$15,000.
3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/20/2021.
*Ordinance No. 3177-2021 - Authorizing a Shop Local Economic Stimulus Program to
Benefit Kenai Small Businesses And Award of a Professional Services Agreement to the
Kenai Chamber of Commerce and Visitor Center for Administration of the Program.
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/20/2021.
*Ordinance No. 3178-2021 - Accepting and Appropriating a COVID Cares Act for Older
Adults and Their Caregivers 2021 Grant Passed Through the State of Alaska for Kenai
Senior Center Expenditures in Support of its Response to the COVID-19 Public Health
Emergency.
5. Discussion - COVID-19 Response.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks & Recreation Commission
5. Planning & Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
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Kenai City Council - Regular Meeting Page 3 of 3
January 06, 2021
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
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
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.
Join Zoom Meeting
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Meeting ID: 810 9166 6825 Passcode: 941200
22
Kenai City Council - Regular Meeting Page 1 of 4
January 20, 2021
Kenai City Council - Regular Meeting
January 20, 2021 ꟷ 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)
1. Dr. Kristin Mitchell - COVID-19 Vaccine Update and Q & A.
2. Joy Merriner, BDO USA, LLP - Presentation of the FY2020 City of Kenai Comprehensive
Annual Financial Report, Federal and State Single Audit Reports, and Audit Wrap Up.
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED AS AMENDED. Ordinance No. 3177-2021 - Authorizing a Shop Local
Economic Stimulus Program to Benefit Kenai Small Businesses And Award of a
Professional Services Agreement to the Kenai Chamber of Commerce and Visitor Center
for Administration of the Program.
• Substitute Ordinance No. 3177-2021 - Authorizing a Shop Local Economic Stimulus
Program to Benefit Kenai Small Businesses And Residents And Award of a Professional
Services Agreement to the Kenai Chamber of Commerce and Visitor Center for
Administration of the Program.
2. ENACTED UNANIMOUSLY. Ordinance No. 3178-2021 - Accepting and Appropriating a
COVID Cares Act for Older Adults and Their Caregivers 2021 Grant Passed Through the
State of Alaska for Kenai Senior Center Expenditures in Support of its Response to the
COVID-19 Public Health Emergency.
23
Kenai City Council - Regular Meeting Page 2 of 4
January 20, 2021
3. ADOPTED UNANIMOUSLY. Resolution No. 2021-01 - Approving Amendments to the
Kenai Community Library Policies to Adopt Rules Regarding the Lending of Various
Electronic Devices and to Make Housekeeping Changes.
4. ADOPTED UNANIMOUSLY. Resolution No. 2021-02 - Further Extending the Disaster
Emergency Declaration for the City of Kenai Made on March 18, 2020 in Response to the
COVID-19 Health Emergency.
5. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2021-03 - Supporting an
Amendment Under Consideration by the Kenai Peninsula Borough Anadromous Waters
Habitat Protection Work Group to Allow Limited Commercial Activities Within the Habitat
Protection District in the City of Kenai.
6. ADOPTED UNANIMOUSLY. Resolution No. 2021-04 - Accepting a Quitclaim Deed from
the Kenai Peninsula Borough for the Land Described as T.6N., R.11W. Sec. 31, Lots 40,
41, and 42 Containing 3.75 Acres, More Commonly Known as the 4th Avenue Park, for the
Public Purposes of Maintaining a Public Park.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of January 6, 2021.
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over
$15,000.
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to the
Liquor License Renewals for The Bow Bar and The Cannery Lodge.
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/3/2021.
*Ordinance No. 3179-2021 - Amending Positions in the Classified Service in the Public
Works and Senior Center Departments as Established by the Annual Budget.
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/3/2021.
*Ordinance No. 3180-2021 - Amending Kenai Municipal Code 3.05.070-Citation
Procedure, and Kenai Municipal Code 13.10.015 – Minor Offense Fine Schedule to
Incorporate Various Animal Control Offenses into the Minor Offense Fine Schedule and
Make Other Housekeeping Changes.
6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/3/2021.
*Ordinance No. 3181-2021 - Waiving Kenai Municipal Code 21.10.130 - Lease Execution
and Approving a Lease Execution Extension to July 27, 2021 to Kenai Aviation Operations,
LLC for Lot 9A, Block 5, General Aviation Apron Subdivision No. 5.
7. APPOINTMENT OF DAVID PECK CONFIRMED. Action/Approval - Confirmation of
Mayoral Nomination for Appointment to Harbor Commission.
24
Kenai City Council - Regular Meeting Page 3 of 4
January 20, 2021
8. APPROVED UNANIMOUSLY AS AMENDED. Action/Approval - Supporting a
Transportation Program for Individuals Receiving COVID-19 Vaccinations at Locations in
Kenai.
9. APPROVED UNANIMOUSLY. Action/Approval - Supporting an Amendment to the Grant
Agreement with the Kenai Peninsula Food Bank of Alaska.
10. Discussion - Development of City of Kenai Business Stimulus / Incentive Programs.
11. Discussion - Kenai Fine Arts Center Remodel Update.
12. Discussion - COVID-19 Response.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks & Recreation Commission
5. Planning & 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
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
25
Kenai City Council - Regular Meeting Page 4 of 4
January 20, 2021
1. Purchase Orders Between $2,500 and $15,000.
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. Join Zoom Meeting https://us02web.zoom.us/j/88043579001 Meeting ID: 880 4357 9001 Passcode: 372771
OR
Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 880 4357 9001 Passcode: 372771
26
JC Sponsored by: Administration
Kl;NAI
CITY OF KENAI
RESOLUTION NO. 2021-03
A RESOLUTION OF THE CITY OF KENAI, ALASKA, SUPPORTING AN AMENDMENT UNDER
CONSIDERATION BY THE KENAI PENINSULA BOROUGH ANADROMOUS WATERS
HABITAT PROTECTION WORK GROUP TO ALLOW LIMITED COMMERCIAL ACTIVITIES
WITHIN THE HABITAT PROTECTION DISTRICT IN THE CITY OF KENAI.
WHEREAS , Kenai Peninsula Borough Code Chapter 21 .18-Anadromous Waters Habitat
Protection, established an anadromous waters habitat district on all lands with in 50 horizontal feet
of certain waters including the Kenai River; and ,
WHEREAS, City Administration had been in contact with the Borough in regards to allowing
greater flexibility for development w ithin the habitat protection district in certain areas in the City
that have historical commercial/ industrial uses and existing footprints in the district and are zoned
industrial or commercial; and ,
WHEREAS, it is important that there is reasonable flexibility for responsible development, or re-
development along the river in certain areas as long as the purposes of Chapter 21.18 can be
maintained ; and ,
WHEREAS , the Borough recently established an Anadromous Waters Habitat Protection Work
Group to review KPB Chapter 21 .18 and make recommendations ; and ,
WHEREAS , the City Administration worked with the Work Group's Chair, Robert Ruffner, and the
Borough 's Legal Department to develop a proposed amendment to 21 .18 ; and ,
WHEREAS, the amendment provides a permit process for certain commercial development within
the habitat protection district in the City of Kenai ; and ,
WHEREAS , the uses that can be permitted include doc ks, boat launches , pedestrian stairs and
boardwalks , utility infrastructure and other activities that do not expand the applicants surface
area footprint, within the habitat protection district; and,
WHEREAS, allowing a process for responsible commercial development within the Borough
created Habitat Protection District in the City of Kenai is in the City's best interest.
NOW, THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA:
Section 1. That the City Council support an amendment to KPB Chapter 21 .18 that allows for
responsible development in certain areas of the Habitat Protection District in the same or a similar
form as provided in the attached recommendation fro m Sean Kelley, dated January 21 , 202 1
Section 2. That this resolution takes effect immediately upon passage.
27
Resolution No. 2021 -03
Page 2 of 2
PASSED B Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2ot11 day of January, 2021.
BRIAN GABRIEL, SR., MAYOR
ATIEST:
Jamie Heinz, CMC, City Clerk
28
City of Kenai I 210 f:ida lgo Ave, Kenai, AK 99611 -77941907.283.7535 I www.kenai.city
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Gabriel and Council Members
Scott Bloom, City Attorney
January 14, 2021
Resolution 2021-03 Anadromous Waters Habitat Protection
Resolution 2021-03 supports an amendment to KPB Chapter 21.18-Anadromous Waters Habitat
Protection that would allow responsible development within the habitat protection district in certain
areas in the City of Kenai. KPB Chapter 21.18 creates a habitat protection district 50 horizontal
feet from certain anadromous waters including the Kenai River, for the purpose of protecting and
preserving anadromous fish, providing a guide for growth and development, achieving goals and
implementing policies of the Borough's comprehensive plan , protecting and enhancing property
values and continuing to enjoy the prosperity and abundance provided by anadromous fish. This
habitat district has restricted certain development along the river. Within the City of Kena i, there
is existing commercial and industrial development along the river that would benefit from further
development or redevelopment that has previously been prohibited by KPB 21.18. The City
Administration has worked with a Borough Work Group, reviewing KPB Chapter 21.18 to promote
an exceptio n for development in the City in these industrial and Commercial zones (and in other
municipalities) that would allow for reasonable commercial or industrial uses of the land that either
are water dependent with mitigation or would not expand the existing development footprint.
Your support and consideration for the approach provided in the attached memo from Sean Kelley
is appreciated.
29
DocuSign Envelope ID: 9E020AOB-B8B5-4B1D-AA10-6CC634D7FA8E
Kenai Peninsula Borough
Legal Department
TO:
THRU :
FROM:
COPY:
DATE:
RE :
MEMORANDUM
Robert Ruffner, Chair
Members, Anadromous Waters Habi tat Protection Work Group
Melanie Aes c hliman , Planning Director MA
Samantha Lo pez, Acting Ri ver Center Manager Si
Sea n Ke lle y, Deputy Bo rough Attorney SK
Paul Ostrander, City of Kena i Manager
January 14, 20 2 1
Commercial Activities Re-Write -KP B 21.18.072 -to Improve the
Permitting Code Rela te d to Commercial Activities
This proposed amendment was drafted in collaboration w ith City o f Kenai
Administration pursuant t o Chair Ruffn e r's request.
KPB 21 .18.072 (Limited commercial activity within the habitat protection area) is
the o nl y sectio n o f code within KPB 2 1. 18 specifi c t o commercial or business
activities, uses or structures with the HPD. Th e current wording of this section
p e rmitting commercial activities is diffic ult to interpret, often open to debate, and
has proven to have little usefu l, practical app li cation. For example , i n th e past 5
years, it appears that no perm its have been issued under this section of code.
It has been requested that this grou p review commercial activities, specifica ll y
commercial acti vities within the municipal district, to allow necessary flexib ility,
in cluding development or re-development, for g rowth within our citi es while at
the sa me tim e continuing to protect important fish habitat.
The proposed amendment essentia ll y repeals current KPB 2 1.18.072 and repl aces
it with a more efficient, st andard-driven permitting process specific to commercial
activities. The opening paragraph e stablishe s a permit process for commercial
activities within a municipal district. Subsection A provides for activities that do not
req uire a permit pursuant to KPB 2 1.1 8.065. Subsec ti on B provides 4 categories of
allowed commercial activities w ith the HPD. Subsection C provides the general
standards applicable to a permit application under th is section . Subsection D sets
out th e general conditi o n s. Subsection E provides that commercial activities not
permitted under this section are prohibi ted, u nl ess the use or structure otherwise
qualifies fo r prior existing status under KPB 2 1.18.090.
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DocuSign Envelope ID: 9E020AOB-B885-4B 10-AA 10-6 CC63407FA8E
Page 2 o f 4
January 14, 20 2 1
To : A n adromo us Waters Habitat Protectio n Work Group
RE: Commercial Activi ties (KPB 2 1.18.072) Repeal & Replace
This proposed amendment prov ides the planning commission authority to impose
permit conditions necessary to meet the general standards. The proposed
amendments will require mitigation when the proposed activity seeks to expand
the applicant's surface footprint within the HPD.
Code additions are in bold underline and code deletions are shown in [CAPS],
bracketed . Since this amendment proposes a repeal and replace, the deleted
code follows the proposed new language for this section .
21.18.072. -Limited commercial activity within habitat protection district [AREA].
Within the habitat protection distri ct and subject to t he requirements of this
chapter, the planning commission may issue a permit for commercial activities
to be conducted within the municipal district as defined in KPB 21.04.010.
Commercial activities are operations, uses, structures or other activities
implemented for a private business purpose. Public parks, docks, and other
public infrastructure are not considered commercial activities for purposes of
this section.
A. Activities not requiring permit. Commercial activities of the same
nature as those allowed under KPB 21 .18.065 do not require a permit
under this section.
B. Allowable Activities. The following commercial activities, uses or
structures may be permitted under this section:
1. Dock and boat launch.
2 . Stairs and pedestrian use boardwalks.
3. Gas, electric, water or other utility connections, lines, or poles.
4 . Other activities, uses, or structures that either do not expand the
applicant's surface area footprint within the habitat protection
district or are necessary to the operation of the applicant's
business and cannot be located outside of the habitat protection
district due to conditions specific to the property. The burden is
on the applicant, through a registered professional engineer, to
show that conditions specific to the property exist.
C. General standards. The following standards apply to permits issued
under this section:
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DocuSig n Envelope ID: 9E020AOB-B885-481D-AA10·6CC63407FA8E
Page 3 of 4
January 14, 2021
To: Anadromous Waters Habitat Protection Work Group
RE: Commercia l Activities (KP B 21 .18.072) Repeal & Replace
1. The use or structure will not damage the riparian ecosystem or
riparian wetlands. If substantial evidence supports a finding that
the use or structure will damage the riparian ecosystem or
riparian wetlands, then m i tigation shall be required.
2. Granting of the permit shall be consistent with the pur poses of
this chapter. the borough comprehensive plan. other
applicable chapters of the borough code. and other applicable
planning documents adopted by the borough:
3 . The development of the use or str ucture shall not physically
damage the adioining property;
4. The proposed use or structure is water-dependent or does not
expand the surface area footprint of the structure or use in the
habitat protection district.
5. Applicant or owner's compliance with other borough permits
and ordinance requirements.
6. If the use or structure expands the applicant's surface area
footprint within the habitat protection district then mitigation
offsets shall be required.
D. General Conditions . The planning commission may impose permit
conditions that it finds are necessary to meet the standards under this
section and establish such conditions on the commercial activity, use
or structure, for which the permit is granted as it determines necessary
to prevent erosion. sedimentation, ground or surface water pollution, or
damage to the habitat protection district, riparian wetlands, or riparian
ecosystems. The planning commission may require the performance of
mitigation activities to offset impacts that the planning commission
finds may occur as a result of the proposed project or activity.
f:. Prohibited Activities. A commercial activity, use or structure, that is not
permitted under this section and does not qualify for prior existing
status under KPB 21.18.090 is prohibited.
L. Application procedure. Applicants must complete the applicati on and
pay any applicable filing fee(s) to the river center on a form provided
by the river center and receive planning commission approval prior to
commencement of the project. An applicant's failure to abide by the
terms and conditions of the planning commission 's resolution
approving the permit is grounds for revocation of the permit and
removal of all non-compliant uses or structures.
32
DocuS ig n Envelope ID: 9E020AOB-B885-481D-AA10-6CC634D7FA8E
Page 4 of 4
January 14, 2021
To: Anadromous Waters Habitat Protection Work Group
RE: Commercial Activi ties (KPB 21.18.072) Repeal & Replace
[THE PLANNING COMMISSION MAY ISSUE A PERMI T FOR ACTIV ITIES TO BE
CONDUCTED WITHIN OR USING THE HABITAT PROTECTION AREA AS PRO VIDED IN
THIS SECTION. PERMITS ARE REQUIRED FOR COMMERCIAL ACTIVITIES OF THE SAME
NATURE AS THOSE ALLOWED UNDER KPB 21.18.065 FOR PRI VATE NON-
COMMERCIAL USE UP ON CONDITIONS THAT THE ACTIVITY IS LIMITED TO
PEDESTRIAN USE O VER BOARDWALKS , STAIR AND DOCKS NECESSARY TO
ALLEVIATE THE INCREASED LE V ELS OF ACTIVITY ATIENDANT TO THE COMMERCIAL
ACTIVITY. A PERMIT MAY NOT BE ISSUED UNLESS THE PLANN IN G COMMISSION
DETERMINES THE ACTIVITY WILL BE CONDUCTED IN A MANNER THAT DOES NOT
RESULT IN SIGNIFICANT EROSION, SEDIMENTATION , DAMAGE TO THE HABITAT
PROTECTION DISTRICT, AN INCREASE IN GROUND OR SURFACE WATER
POLLUTION , AND DAMAGE TO RIPARIAN WETLANDS A ND RIPARIAN ECOSYS TE MS.
IN GRANTING A PERMIT , THE PLANNING COMMISSION MAY ESTABLIS H SUCH
CONDITIONS ON THE DE V ELOPMENT , USE OR OPERATION OF THE A CT IVITY OR
FACILITY FOR WHICH THE CONDITIONAL USE PERMIT IS GRA NT ED AS IT DETERMINES
NECESSARY TO PREVENT SIGNIFICANT EROSION , SEDIMENTATION , DA MAG E TO
THE HABITAT PROTECTION DI STRICT , AN INCREASE IN GROUND OR SURFACE
WATER POLLUTION , AND DAMAGE TO RIPARIAN WETLAND S AN D RIPARIAN
ECOSYSTEMS. THE ACTIVITY MUST BE CONDUCTED ON A PORTION OF PR OPERTY
A DJACENT TO THE PROPERTY WITHIN THE HABITAT PROTECTION AREA FOR WH ICH
THE PERMIT IS SOUGHT.]
33