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Home My WebLink About2023-04-05 Council PacketKenai City Council - Regular Meeting Page 1 of 3 April 05, 2023 Kenai City Council - Regular Meeting April 05, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comments 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 comments limited to ten (10) minutes per speaker) 1. Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center. C. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 3339-2023 - Accepting and Appropriating Donations to the Kenai Animal Shelter for the Care of Animals. (Administration) 2. Ordinance No. 3340-2023 - Accepting and Appropriating a Grant Received through Maddie’s Fund to the Kenai Animal Shelter for the Care of Animals. (Administration) 3. Ordinance No. 3341-2023 - Accepting and Appropriating a Donation to the Kenai Senior Center. (Administration) 4. Resolution No. 2023-24 - Supporting State of Alaska Legislative Action Increasing the Base Student Allocation by at Least $1000 to Adequately Fund and Restore Student School Resources and Learning Opportunities. (Knackstedt) 5. Resolution No. 2023-25 - Authorizing a Construction Contract and Corresponding Purchase Order for the 2023 Kenai Recreation Center Upgrades Project and an Increase to the Existing Design Services Purchase Order for Construction Administration Services. (Administration) E. MINUTES 1. *Regular Meeting of March 15, 2023. (City Clerk) Page 1 Kenai City Council - Regular Meeting Page 2 of 3 April 05, 2023 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Non-Objection to the Renewal of a Liquor License for Don Jose’s, LLC., DBA: Don Jose's Mexican Restaurant - License No. 3039. (City Clerk) 4. *Ordinance No. 3342-2023 - Increasing Estimated Revenues and Appropriations in the Congregate Housing Fund for Costs in Excess of Budgeted Amounts. (Administration) 5. *Ordinance No. 3343-2023 - Accepting and Appropriating a Volunteer Fire Assistance Grant from the United States Department of Agriculture Forest Service Passed through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. (Administration) 6. *Ordinance No. 3344-2023 - Amending Kenai Municipal Code Chapter 8.20 - Fireworks Control, by Removing References to City Permits - which are Redundant to the States Firework Display Permit. (Administration) 7. Action/Approval - Granting an Easement on Both Sides of Boat Launch Road to the Alaska Department of Transportation in Support of the Bridge Access Road Pavement Preservation Project. (Administration) 8. Discussion/Action - Scheduling a Budget Work Session. (Gabriel) 9. Discussion/Action - Scheduling Council Employee Evaluations. (Gabriel) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION Page 2 Kenai City Council - Regular Meeting Page 3 of 3 April 05, 2023 M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 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 OR https://us02web.zoom.us/j/89359317317 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 893 5931 7317 Passcode: 224157 Meeting ID: 893 5931 7317 Passcode: 224157 Page 3 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3339-2023 AN ORDINANCE ACCEPTING AND APPROPRIATING DONATIONS TO THE KENAI ANIMAL SHELTER FOR THE CARE OF ANIMALS. WHEREAS, the Kenai Animal Shelter recently received monetary donations from a number of donors totaling $2,217.60, intended to support the care of animals at the shelter; and, WHEREAS, the Animal Control Chief has identified equipment needs at the Animal Shelter, including a new washer and dryer, for the utilization of those donated funds; and, WHEREAS, the acceptance of these donations to further the mission of the Animal Shelter is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept these donated funds and to expend them as authorized by this ordinance and in line the intentions of the donors. Section 2. That estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Donations – Animal Control $2,217.60 Increase Appropriations – Animal Control – Small Tools $2,217.60 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 immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF APRIL, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: Page 4 Ordinance No. 3339-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: March 15, 2023 Enacted: April 5, 2023 Effective: April 5, 2023 Page 5 MEMORANDUM TO: Mayor Brian Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: March 6, 2023 SUBJECT: Ordinance No. 3339-2023 - Donations to Kenai Animal Shelter The Kenai Animal shelter received a number of unsolicited donations recently, totaling $2,217.60. The individual donors include: Julie Allison, James Carpenter, Mary Newby, Andrea Hanley, Gerda Trent, Shannon Richards, Kayla West, Kenaitze Indian Tribe, Allison Anderson (c/o Credit Union 1), Dawn Francisco, and Jackie Pearce. The Animal Control Chief has identified the need for a light commercial washer and dryer, that she believes would assist the shelter staff in reliably cleaning the blankets, towels, and wash clothes used for bedding or cleaning purposes. I am respectfully requesting consideration of the ordinance accepting and appropriating those donated funds to assist in the care of animals as they were intended. Page 6 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3340-2023 AN ORDINANCE ACCEPTING AND APPROPRIATING A GRANT RECEIVED THROUGH MADDIE’S FUND TO THE KENAI ANIMAL SHELTER FOR THE CARE OF ANIMALS. WHEREAS, the Kenai Animal Shelter applied for a grant through a Return to Home Challenge with Maddie’s Fund and received an award of $4,375; and, WHEREAS, Maddie’s Fund is a family foundation that provides grants to animal shelter organizations towards ‘increased community collaborations and live outcomes’; and, WHEREAS, the Animal Control Chief has identified the need for additional staff training, a community animal educational event, and some additional equipment to be purchased with these grant funds; and, WHEREAS, the acceptance of these grant funds to further the mission of the Animal Shelter is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept these grant funds and to expend them as authorized by this ordinance and in line the intentions of the grant. Section 2. That estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Grants – Animal Control $4,375.00 Increase Appropriations – Animal Control – Small Tools $1,285.00 Animal Control – Transportation 2,500.00 Animal Control – Operating Supplies 590.00 Total $4,375.00 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 immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF APRIL, 2023. Page 8 Ordinance No. 3340-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: March 15, 2023 Enacted: April 5, 2023 Effective: April 5, 2023 Page 9 MEMORANDUM TO: Mayor Brian Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: March 6, 2023 SUBJECT: Ordinance No. 3340-2023 - Maddie’s Fund grant for Kenai Animal Shelter The Kenai Animal Shelter applied for and received a grant after participating in a Return to Home Challenge through Maddie’s Fund. The Kenai Animal Shelter was awarded $4,375.00 from Maddie’s Fund, #ThanksToMaddie. The Challenge was funded by Maddie’s Fund, Michelson Found Animals Foundation and Petco Love in collaboration with Adopt-A-Pet.com, American Pets Alive!, ASPCA, The Association for Animal Welfare Advancement, Best Friends Animal Society, Companions and Animals for Reform and Equity (CARE), Community Cats Podcast, Cuddy Greater Good Charities, HeARTS Speak, Humane Society of the United Sates, National Animal Care and Control Association, Petfinder Foundation and PetSmart Charities. The Animal Control Chief has identified the need for additional staff training, a community animal educational event, and some additional equipment to be purchased with the grant funds. I am respectfully requesting consideration of the ordinance accepting and designating those funds to the Kenai Animal Shelter as they were intended. About Maddie’s Fund: Maddie's Fund® is a family foundation established in 1994 by Dave and Cheryl Duffield and is the fulfillment of a promise to an inspirational dog, Maddie. She provided them much joy for over ten years and continues to inspire them today. The Foundation has awarded over $265 million in grants toward increased community collaborations and live outcomes, pioneering shelter medicine education and establishing foster care as a standard across the U.S. Page 10 Page 2 of 2 Maddie’s Fund proudly offers the industry a national voice, important funding opportunities for bold ideas, learning resources and access to collaborate and share innovative solutions. The Foundation invests its resources in a commitment to keeping pets and people together, creating a safety net of care for animals in need and operating within a culture of inclusiveness and humility. #ThanksToMaddie. Page 11 Page 12 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3341-2023 AN ORDINANCE ACCEPTING AND APPROPRIATING A DONATION TO THE KENAI SENIOR CENTER. WHEREAS, the Kenai Senior Center received a $5,000 donation from Ray and Yen-ti Verg-In; and, WHEREAS, the Verg-Ins requested the funds to be used for the Congregate Meal Program, the Home Delivered Meal Program, Transportation Services, and Senior Activities; and, WHEREAS, acceptance of these donations will further the Kenai Senior Center's mission and is in the City's and its residents' best interest. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept these funds in the amount of $5,000. Section 2. That estimated revenues and appropriations be increased as follows: Senior Citizen Fund: Increase Estimated Revenues – Donations $5,000 Increase Appropriations – Congregate Meals – Operating Supplies $2,000 Home Meals – Operating Supplies 1,000 Transportation – Operating Supplies 1,000 Senior Access – Operating Supplies 1,000 $5,000 Section 3. That the City Manager is authorized to accept and expend these funds consistent with the intentions of the donors. 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 immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF APRIL, 2023. Page 13 Ordinance No. 3341-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: March 15, 2023 Enacted: April 5, 2023 Effective: April 5, 2023 Page 14 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Kathy Romain, Senior Center Director DATE: March 7, 2023 SUBJECT: Ordinance No. 3341-2023 - Donation to the Kenai Senior Center The Kenai Senior Center received a $5,000 donation from Ray and Yen-ti Verg-In who regularly participate at the Senior Center. The Kenai Senior Center and Kenai Senior Connection, Inc. have previously received numerous donations from the Verg-Ins and their support is greatly appreciated. The Verg-Ins requested this donation be designated as follows: • $2,000 towards the Congregate Meal Program • $1,000 towards the Home Delivered Meal Program • $1,000 towards Transportation Services • $1,000 towards Senior Activities Thank you for your consideration. Page 15 Sponsored by: Knackstedt New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-24 A RESOLUTION SUPPORTING STATE OF ALASKA LEGISLATIVE ACTION INCREASING THE BASE STUDENT ALLOCATION BY AT LEAST $1000 TO ADEQUATELY FUND AND RESTORE STUDENT SCHOOL RESOURCES AND LEARNING OPPORTUNITIES. WHEREAS, the State of Alaska is constitutionally obligated to establish and maintain a system of public schools; and, WHEREAS, in the Kenai Peninsula Borough, including within the City of Kenai, important school resources and opportunities for students have both been cut and are at risk of further cuts do to budgetary shortfalls; and, WHEREAS, the Kenai Peninsula Borough School District is facing a $13.1 million budget deficit for FY24, which would require increased class sizes and elimination of programs important to our students and community; and, WHEREAS, previous increases to the base student allocation have not been equitable compared to increased costs and the rates of inflation; and, WHEREAS, increasing the base student allocation by at least $1000 would help restore and maintain reasonable class sizes, electives such as art, theatre, music and foreign lanaguages, vocational training programs, counseling and other student resource opportunities as well as sporting activities such as swimming; and, WHEREAS, adequately funding education by theState of Alaska will help provide quality education to our students. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That Kenai City Council supports State Legislative action that would increase the base student allocation by at least $1,000. Section 2. That a copy of this resolution will be sent to Governor Dunleavy and the Kenai Peninsula legislative delegation, the President of the Kenai Peninsula Borough School District Board of Education, the Kenai Peninsula Borough Assembly, the Education Committees of the Alaska House and Alaska Senate, and the Finance Committees of the Alaska House and Alaska Senate. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF APRIL, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 16 MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Gabriel and Council Members Council Member Knackstedt March 30, 2023 Resolution No. 2023-24 – Base Student Allocation This Resolution requests the Alaska legislature increase the Base Student Allocation (BSA) by at least $1000. There are currently both House and Senate Bills being considered by the legislature with varying amounts of increase proposed to the BSA. Regardless of how the Bills move forward, what is important is an increase to the BSA of at least $1000 to both maintain and restore important educational resources and opportunities for students in Kenai. The School District currently faces a significant budgetary shortfall that could further eliminate important programs such as vocational training, foreign languages, art, music and theatre classes, reduce counseling services, result in pool closures, and cause increased class sizes. Recent increases to the BSA have not kept up with inflation or the costs of providing a quality education. Your consideration is appreciated. Page 17 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-25 A RESOLUTION AUTHORIZING A CONSTRUCTION CONTRACT AND CORRESPONDING PURCHASE ORDER FOR THE 2023 KENAI RECREATION CENTER UPGRADES PROJECT AND AN INCREASE TO THE EXISTING DESIGN SERVICES PURCHASE ORDER FOR CONSTRUCTION ADMINISTRATION SERVICES. WHEREAS, a formal Invitation to Bid was released on February 23, 2023 for the Kenai Recreation Center Upgrades Project with bids due on March 28, 2023; and, WHEREAS, the following bids were received: Orion Construction Blazy Construction Base Bid $1,259,400 $1,551,961 Additive Alternate 1 $107,400 $46,989 Additive Alternate 2 $58,900 $91,880 Total $1,425,700 $1,690,830 ; and, WHEREAS, Orion Construction was determined to be the lowest responsive and responsible bidder with a contract award to Orion Construction in the best interest of the City; and, WHEREAS, K+A Design Studios as the Architect of Record for this project has provided a proposal for Construction Administrative Services dated March 16, 2023 in the total proposed amount of $19,995, which will be added to the current Agreement by contract amendment and an increase to their existing purchase order 125053; and, WHEREAS, the combined total costs of construction at $1,425,700, and design services including construction administrative services at $119,929 is $1,545,629; and, WHEREAS, completion of this project which includes a complete roof replacement for the facility as well demolition and replacement of six roof top air handling units, is in the best interest of the City to provide for the continued operation of the Recreation Center. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a construction agreement with Orion Construction in the amount of $1,425,700 and to issue a purchase order in that same amount. Section 2. That the City Manager is authorized to execute a design agreement amendment with K+A Design Studios in the amount of $19,995 for Construction Administrative services and to increase purchase order 125053 by that same amount. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF APRIL, 2023. Page 18 Resolution No. 2023-25 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 19 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Director of Public Works DATE: March 28, 2023 SUBJECT: Resolution No. 2023-25 - Recreation Center Upgrades Project With award of this project much needed and anticipated repairs to the Kenai Recreation Center will begin. Staff has been struggling for several years with roof leaks within multiple areas of the facility, often resulting in the temporary closure of spaces for safety reasons. The existing asphalt built-up roof is well beyond its intended life, and will be replaced with a fully adhered membrane roof system. The new roof is expected to serve the facility for the next 25-30 years. One of the contributing factors to the deterioration of the existing roof was a lack of roof drains. Much of the roof drained through roof scuppers down to lower sections of roof before eventually falling to grade. New roof drains have been added and piped to a new storm water collection system beneath the existing parking lot. This will limit the amount of water the lower sections of roofing will see throughout its life, as well directing water away from the building providing further protection to the buildings foundation. The second largest issue facing the facility is significantly aging HVAC mechanical units. Six roof top units are planned for replacement, several of which have not been operational for years. Improvements to multiple exhaust air fans are also being addressed with this work. Completion of this work will safeguard the facility, and allow other desired interior improvements to proceed. Items like the refinishing of the gymnasium floor, which would not be practical with a leaky roof above. The HVAC improvements will help the facility with heating and air quality issues while reducing utility costs through the operation of more efficient equipment. The department looks forward to the successful completion of this project. Roof installation is anticipated for the early summer, with installation of the mechanical equipment when in arrives likely in late summer / early fall. Council support is respectfully requested. Page 20 Page 2 of 2 Page 21 KENAI CITY COUNCIL – REGULAR MEETING MARCH 15, 2023 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING City of Kenai Council Meeting Page 1 of 8 March 15, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on March 15, 2023, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Victoria Askin James Baisden, Vice Mayor Henry Knackstedt Deborah Sounart A quorum was present. Absent: Teea Winger Alex Douthit Also in attendance were: Tony Prior, Acting City Manager Scott Bloom, City Attorney (remote attendance) Brad Walker, Parks and Recreation Director Eland Conway, Airport Manager Scott Curtin, Public Works Director Shellie Saner, City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the Packet: Add item D.1. Public Hearing – Ordinance No. 3338-2023 • Requested Amendment Memo Add item G.4. Action/Approval - Special Use Permit to the Fishing Grounds, LLC. • Requested Amendment Memo MOTION: Council Member Knackstedt MOVED to approve the agenda with the requested revisions and requested UNANIMOUS CONSENT. Council Member Askin SECONDED the motion. VOTE: There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda. Vice Mayor Baisden SECONDED the motion. Page 22 City of Kenai Council Meeting Page 2 of 8 March 15, 2023 The following agenda item was removed from the consent agenda to be heard at its schedule place on the agenda: G. 4. Action/Approval - Special Use Permit to Rebecca Boettcher, DBA: The Fishing Grounds, LLC for Operation of a Snack/Gift Shop Inside the Kenai Municipal Airport. (Administration) 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. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS Marion Nelson addressed the Council regarding the rescheduled Bird Call presentation by George Kirsch; the upcoming Hummingbird Banding presentation by Todd Eskelin, Biologist from the Kenai National Wildlife Refuge; and thanked the City for the snow removal. Jim Duffield, Kenai resident, addressed the Council in opposition to the cancellation of the Summer Ice program at the Kenai Multi-Purpose facility noting that his children were interested in playing hockey; the importance having summer ice, including the ability to hold summer tournaments; the multiple sizable communities near that City that would use the facility; and if there was not going to be summer ice the facility should be used for other summer youth programs. Lea Stuber, Sterling resident, addressed the Council in opposition to the cancellation of the Summer Ice program; the need for a Summer Ice program to keep kids out of trouble; her previous experience raising fund for Hockey facilities; and she provided a telephone connection for testimony from Anchorage Hockey Coach Rob Larkey. Rob Larkey, Anchorage resident and Alaska Wolves 14U Coach addressed the Council regarding the cancellation of the Summer Ice program and possible options for leaving the ice in beyond the end of spring break. Tim Estep, Sterling resident, addressed the Council in opposition to the cancellation of the Summer Ice program; moving to this area because of the availability of year-round ice; the benefits to the community if ice is available year-round; his willingness to pay additional taxes for year-round ice; and the need to do whatever is needed to get the rink opened up for the kids. Public Works Director Curtin reported that the Kenai Multi-Purpose facility was not designed for year- round ice; buildings designed for year-round ice are better insulated for lower utility costs and humidity/condensation control; ice was removed in the spring so that the refrigeration tubes could be turned off to prevent the possibility of snow melt freezing under the concrete slab and causing frost heaves and damaging the refrigeration tubes and concrete; operating during the spring and fall caused fog/condensation which penetrates every part of the building and created a rust problem; he summarized the 2020 engineering study which indicated without treatment due to rust the facility had an expected life of two to four years; treatment that was completed in the summer of 2022; even with treatment if summer ice continued the life expectancy of the facility was five to ten years; and if the desire is for year-round ice a new facility would be the most appropriate option. Page 23 City of Kenai Council Meeting Page 3 of 8 March 15, 2023 D. PUBLIC HEARINGS 1. Ordinance No. 3338-2023 - Amending Kenai Municipal Code Chapter 1.15 - Rules of Order, to Allow Approval of the Agenda and Consent Agenda in One Motion, Remove Sections that May Conflict with the State of Alaska Open Meetings Act, and Remove any Rules that are Standard Rules as Established in Roberts Rules of Order. (City Clerk) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3338-2023. Council Member Sounart SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance No. 3338-2023, Section 1, Chapter and Section 1.15.060 - Motions, paragraph c. as follows: “W hen a vote has been taken, any member who voted on the prevailing side may move a reconsideration thereof at the same meeting or at the next succeeding meeting whenever motions are in order, provided that the subject matter has not passed out of the control of the Council and adequate public notice is provided before the matter is reconsidered.” Vice Mayor Baisden SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. There was discussion regarding the benefits of adding a place on the agenda for Administrative Reports; and the additional noticing requirements for items prior to a matter being reconsidered. VOTE ON MAIN MOTION AS AMENDED: YEA: Sounart, Gabriel, Baisden, Askin, Knackstedt NAY: None ABSENT: Winger, Douthit MAIN MOTION AS AMENDED PASSED. 2. Resolution No. 2023-22 - Authorizing a Budget Transfer in the Water & Sewer Capital Project Fund, Public Works Department – Water Division for Additional SCADA Related Services. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-22. Vice Mayor Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 3. Resolution No. 2023-23 - Requesting State of Alaska Funding Support for the Wildwood Drive Rehabilitation Project. (Administration) MOTION: Council Member Askin MOVED to adopt Resolution No. 2023-23. Vice Mayor Baisden SECONDED the motion. Page 24 City of Kenai Council Meeting Page 4 of 8 March 15, 2023 Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that the Administration was working with the legislature for funding assistance on this project as the primary use of the road was to access the State of Alaska, Wildwood Correctional Facility. There was discussion regarding this being rated as the worst road in Kenai since 2009; options regarding trading road with the state; and the ability of the City to maintain the road once the repairs are complete. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. E. MINUTES 1. *Regular Meeting of March 1, 2023. (City Clerk) F. UNFINISHED BUSINESS - Postponed Item. 1. Resolution No. 2023-15 - Amending the City Council Selecting and Appointing a Qualified Person or Persons to Fill Vacancies on the City Council Policy No. 2021-01 and Renumbering and Renaming to City Council Policy No. 20.220 - Filling Council Vacancies by Appointment. (City Clerk) [Clerk's Note: At the February 15, 2023 City Council Meeting, this Resolution was Postponed to this Meeting; a Motion to Adopt is on the Floor.] • Substitute Resolution No. 2023-15 - Repealing City Council Policy No. 2021-01 - Selecting and Appointing a Qualified Person to Fill Vacancies on the City Council and Adopting City Council Policy No. 20.220 - Filling Council Vacancies by Appointment. (Gabriel and Baisden) [Clerk’s Note: The motion to adopt Resolution No. 2023-15 was on the floor from the February 15, 2023 Regular City Council meeting. MOTION TO AMEND BY SUBSTITUTE: Council Member Knackstedt MOVED to amend Resolution No. 2023-15 by Substitute Resolution No. 2023-15. Vice Mayor Baisden SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amended by substitute. VOTE: There being no objection; SO ORDERED. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that the new policy included advertising requirements; application period requirements; the requirement that applicants submit a financial disclosure statement; eligibility verification procedures and notification to the applicants of their eligibility; and a point scoring process initially when there were more than two applicants to reduce the number of applicants. It was clarified that the new policy included provisions that in the case of a tie, and the tie is not broken after two votes the tie will be broken by lot. UNANIMOUS CONSENT was requested on the motion as amended by substitute. VOTE: There being no objection; SO ORDERED. G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. Page 25 City of Kenai Council Meeting Page 5 of 8 March 15, 2023 2. *Action/Approval - Non-Objection to the Renewal of a Limited Marijuana Cultivation Facility for Jennifer Huffman DBA: Grateful Bud LLC., - License No. 16474. (City Clerk) Approved by the consent agenda. 3. *Action/Approval - Non-Objection to the Renewal of a Marijuana Product Manufacturing Facility License and a Standard Marijuana Cultivation License for Red Run Cannabis Cultivators, LLC., DBA: Red Run Cannabis Cultivators, LLC. - License No.’s 19372 and 10052; and a Retail Marijuana Store License for Red Run Cannabis Company, LLC., DBA: Red Run Cannabis Company, LLC. – License No. 10056 (City Clerk) Approved by the consent agenda. 4. *Action/Approval - Special Use Permit to Rebecca Boettcher, DBA: The Fishing Grounds, LLC for Operation of a Snack/Gift Shop Inside the Kenai Municipal Airport. (Administration) MOTION: Council Member Knackstedt MOVED to approve the Special Use Permit to Rebecca Boettcher, DBA: The Fishing Grounds. Vice Mayor Baisden SECONDED the motion. MOTION TO AMEND: Council Member Knackstedt MOVED to amend the Special Use Permit Agreement, paragraph 2. Terms as follows: “The term of this permit shall be for [FOUR] twelve months commending on May 1, 2023 and ending on April 30, 2024. Regardless of the date of signature, this Permit shall be effective as of May 1, 2023.” Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. It was reported that this agreement aligned with previous agreements, the only difference was that this agreement was for twelve months, which is the maximum amount of time allowed for a Special Use Permit. UNANIMOUS CONSENT was requested on the main motion as amended. VOTE: There being no objection; SO ORDERED. 5. *Action/Approval - Special Use Permit to Pacific Star Seafoods, Inc. for On or Off Loading Fish at the Kenai Municipal Airport. (Administration) Approved by the consent agenda. 6. *Ordinance No. 3339-2023 - Accepting and Appropriating Donations to the Kenai Animal Shelter for the Care of Animals. (Administration) Introduced by the consent agenda and Public Hearing set for April 5, 2023. 7. *Ordinance No. 3340-2023 - Accepting and Appropriating a Grant Received through Maddie’s Fund to the Kenai Animal Shelter for the Care of Animals. (Administration) Introduced by the consent agenda and Public Hearing set for April 5, 2023. 8. *Ordinance No. 3341-2023 - Accepting and Appropriating a Donation to the Kenai Senior Center. (Administration) Introduced by the consent agenda and Public Hearing set for April 5, 2023. Page 26 City of Kenai Council Meeting Page 6 of 8 March 15, 2023 9. Action/Approval - Approving a Memorandum of Agreement for the Use of the Alaska Regional Aircraft Fire Training Center for the Calendar Year 2023. (Administration) MOTION: Council Member Askin MOVED to approve the Memorandum of Agreement. Council Member Sounart SECONDED the motion. It was reported that this was a short-term agreement to ensure a successful fire training season in 2023; staff was continuing to look for another long term operator; and that the fee and rates were established to capture as much of the operating cost for the facility as possible. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 10. Action/Approval - Issuing a Letter of Support for the Challenger Learning Center of Alaska's Request for Funding. (Administration) MOTION: Council Member Knackstedt MOVED to authorize the issuance of the Letter of Support. Council Member Askin SECONDED the motion. It was reported that the letter would be sent to Senator Murkowski’s Office to request Federal Funding. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 11. Discussion - Scheduling the Council Employee Evaluations. (Gabriel) There was discussion that the evaluation sheets would be distributed with instructions and a return date; however, having two absent Council Members setting the dates of the Evaluation meetings will be done at the next Council meeting. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Council Member Sounart reported on the March 9, 2023 meeting, next meeting April 13, 2023. 2. Airport Commission Council Member Askin reported on the March 9, 2023 meeting, next meeting April 13, 2023. 3. Harbor Commission No report, next meeting April 10, 2023. 4. Parks and Recreation Commission Council Member Knackstedt reported on the March 2, 2023 meeting, next meeting April 6, 2023. 5. Planning and Zoning Commission Meeting canceled, next meeting March 22, 2023. 6. Beautification Committee No, report, next meeting April 11, 2023. I. REPORT OF THE MAYOR Mayor Gabriel stated he was looking forward to the March 31, 2023, Kenai Senior Connections March for Meals Pie Auction and reported on the following: Page 27 City of Kenai Council Meeting Page 7 of 8 March 15, 2023 • Meeting with City Manager Eubank and Peter Evon, the Executive Director of the Kenaitze Indian Tribe to identify items of mutual interest. • Attending the Brown Bear House Bed and Breakfast, Open House, noting they had maintained the buildings characteristics. • Due to the low numbers in the Sports Fishing forecast the season would be starting as closed, which automatically closes the Set Nets on the East Side; and in addition the Norther District would be closed. J. ADMINISTRATION REPORTS 1. City Manager – Acting City Manager Prior reported on the following: • Stated his appreciation for City Manager Eubank having met with all of the Department Heads to go over their goals and to identify ways to support them. • Thanked the Streets Department for removing their snow response this winter and removing the snow from the Kenai Central High School Fields. • Successful response to a distress call from an individual stuck in the mud on the beach with the tide coming in. • Update on the Bluff Stabilization Project at 95% design. • Receipt of the Supplemental Emergency Medical Transport (SEMT) Program reimbursement. 2. City Attorney – No report. 3. City Clerk – City Clerk Saner reported on the following: • Attending the Commission, Committee and Council on Aging meetings to report on the last two Council Policies to be updated. K. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) - None. 2. Council Comments Council Member Askin reminded everyone to be cautious on the ice. Council Member Sounart stated that she was able to play with the Orchestra for the first time in three- years for the Linked-Up Program with elementary school children; they played both here locally and in Homer and both concerts were well attended. Vice Mayor Baisden thanked Acting City Manager Prior for sitting in for City Manager Eubank; stated he liked hearing reports regarding what Departments are doing; reported that the Kenai Central High School Boys and Girls Basket Ball Teams were going to the State Tournaments with the Cheerleaders; thanked the Streets Department for the winter road maintenance and clearing the school fields. Council Member Knackstedt stated he was happy to hear that Larry Semmens agreed to work as the temporary Finance Director; thanked Acting City Manager Prior for his report and the radio announcement regarding snow load; and said he was looking forward to the March 31, 2023, Kenai Senior Connection, Inc’s March for Meals Pie Auction. L. EXECUTIVE SESSION - None. M. PENDING ITEMS - None. N. ADJOURNMENT Page 28 City of Kenai Council Meeting Page 8 of 8 March 15, 2023 O. INFORMATIONAL ITEMS - None. There being no further business before the Council, the meeting was adjourned at 7:46 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of March 15, 2023. ___________________________________ Michelle M. Saner, MMC City Clerk ** The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. Page 29 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: APRIL 5, 2023 VENDOR ENSTAR NATURAL GAS PERS HOMER ELECTRIC INVESTMENTS VENDOR DESCRIPTION GAS USAGE PERS ELECTRIC USAGE DESCRIPTION DEPARTMENT VARIOUS VARIOUS VARIOUS MATURITY DATE ACCOUNT UTILITIES LIABILITY UTILITIES AMOUNT AMOUNT 37,801.22 100,101.83 117,680.79 Effect. Int Page 30 PURCHASE ORDERS OVER $35,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: APRIL 5, 2022 VENDOR DESCRIPTION DEPT. INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O.# -DEPT. ACCOUNT REASON FIXTURE FY23 STREET LIGHT REPAIR/LINE REPLACEMENTS AND KACHEMAK ELECTRIC LOCATE SERVICES 126151 -STREET LIGHTING LINE REPAIR WORK AMOUNT AMOUNT TOTAL PO AMT 23,077.50 45,000 .00 Page 31 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Director of Public Works DATE: March 28, 2023 SUBJECT: Purchase Order – Kachemak Electric The purpose of this memo is to request Council’s approval to increase Kachemak Electric’s purchase order 126151 from $21,922.50 to $45,000, an increase of $23,077.50, for continued work in support of city street light and utility locate services. Funding for this work has already been provided by council through approval of Ordinance 3322-2022 enacted December 21, 2022 which appropriated $50,000 of fund balance into the Street Lighting Repair & Maintenance account. This memo is requesting those funds are now made available to Kachemak’s existing PO to allow street light fixture replacements and line repair work to continue through the fiscal year end. This work was released for formal bids on December 29, 2022 with bids due on January 17, 2023. Kachemak Electric was found to be the lowest responsive responsible bidder. The bid requested unit pricing based on an estimated amount of work, 175 utility locates and 30 light assessments as example. The additional funding being provided now, as budgeted, is allowing the repairs to move forward after assessment. The majority of the additional funds will be used to replace old light fixtures with new LED units. The remaining $5,000 budgeted, may be used to obtain electrical engineering services, to ensure the appropriate long term repairs are being provided in some of our recurring problem areas. The intent will be to have an electrical engineer on site with the contractor to properly diagnose major repairs. Council’s approval will allow the department to continue to effectively maintain our street lights. Approval is respectfully requested. Page 32 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Shellie Saner, City Clerk DATE: March 27, 2023 SUBJECT: Liquor License Renewal – Don Jose’s Mexican Restaurant The following establishment has submitted applications to the Alcohol and Marijuana Control Office (AMCO) for a renewal of licenses: Applicant: Don Jose’s, LLC D/B/A: Don Jose’s Mexican Restaurant License Type: Beverage Dispensary License No.: 3039 Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the liquor license renewal will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 33 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 2/21/2023 12:24:23 PM (Form Submission) Approve by Jeremy Hamilton 2/22/2023 4:37:58 PM (Fire Marshall Review) The task was assigned to Jeremy Hamilton. The due date is: March 2, 2023 5:00 PM 2/21/2023 12:24:24 PM Approve by Donald Hendrickson 2/23/2023 1:13:09 PM (Building Official Review) The task was assigned to Donald Hendrickson. The due date is: March 2, 2023 5:00 PM 2/21/2023 12:24:24 PM Approve by David Ross 2/21/2023 4:45:07 PM (Police Department Review) The task was assigned to David Ross. The due date is: March 2, 2023 5:00 PM 2/21/2023 12:24:24 PM Approve by Tina Williamson 2/21/2023 12:47:19 PM (Finance Asst Review) The task was assigned to Tina Williamson. The due date is: March 2, 2023 5:00 PM 2/21/2023 12:24:24 PM Approve by Cindy Herr 2/21/2023 12:27:51 PM (Legal Asst Review) No monies owed in traffic fines or restitution. The task was assigned to Cindy Herr. The due date is: March 2, 2023 5:00 PM 2/21/2023 12:24:25 PM Approve by Linda Mitchell 2/21/2023 3:42:19 PM (Lands Review) The task was assigned to Linda Mitchell. The due date is: March 2, 2023 5:00 PM 2/21/2023 12:24:25 PM Approve by Terry Eubank 2/22/2023 8:35:58 AM (Finance Review) The task was assigned to Terry Eubank. The due date is: March 2, 2023 5:00 PM 2/21/2023 3:42:20 PM Approve by Scott Bloom 2/21/2023 3:55:02 PM (Legal Review) The task was assigned to Scott Bloom. The due date is: March 2, 2023 5:00 PM 2/21/2023 3:42:20 PM Approve by Linda Mitchell 2/21/2023 3:45:33 PM (P&Z Department Review) The task was assigned to Linda Mitchell. The due date is: March 2, 2023 5:00 PM 2/21/2023 3:42:21 PM • Page 34 AMCO License Application Date License Type Licensee Doing Business As Premises Address City, State Contact Licensee Contact Phone No.Contact Email Name Phone No.Email File Upload 2/16/2023 Establishment Information Beverage Dispensary Don Jose's, LLC Don Jose's Mexican Restaurant 205 S Willow St Kenai, AK Contact Information Jose Ramos 907-229-7196 salmonalaska@yahoo.com Additional Contact Information Lizz Barr 907-229-1106 lizz.nigelquestcpa@gmail.com Documents #3039 Complete Renewal Application with Temp.pdf 4.44MB #3039 LGB Renewal Notice.pdf 261.05KB Page 35 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 February 16, 2023 City of Kenai Kenai Peninsula Borough Via Email: MJenkins@kpb.us; JVanHoose@kpb.us; jratky@kpb.us; Cjackinsky@kpb.us; MAldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us; JBlankenship@kpb.us; assemblyclerk@kpb.us; bcarter@kpb.us; cityclerk@kenai.city Re: Notice of 2023/2024 Liquor License Renewal Application License Type: Beverage Dispensary License 3039 Licensee: Don Jose’s, LLC Doing Business As: Don Jose's Mexican Restaurant We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Joan Wilson, Director amco.localgovernmentonly@alaska.gov THE STATE 01ALASKA GOVERNOR MIKE DU LEAVY Page 36 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Michele Turner, CMC Acting Borough Clerk Office of the Borough Clerk 3/27/2023 Sent via email: cityclerk@kenai.city Kenai City Hall City of Kenai RE: Non-Objection of Application Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Michele Turner, CMC Acting Borough Clerk cc: lizz.nigelquestcpa@gmail.com; MT/jr Licensee/Applicant : Don Jose's LLC Business Name : Don Jose's Mexican Restaurant License Type : Beverage Dispensary License Location : 205 S. Willow Street, Kenai, AK 99611, City of Kenai License No. : 3039 Application Type : License Renewal Page 40 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3342-2023 AN ORDINANCE 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 repairs and snow removal have been in excess of the FY23 Budget for Professional Services; and, WHEREAS, the amount of $10,000 is needed to ensure funds are available through the remainder of the FY23; and, WHEREAS, proper maintenance and repairs are essential to the Facility’s long-term life and 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 $10,000 Increase appropriations Professional Services $10,000 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. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 19TH DAY OF APRIL, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Page 41 Ordinance No. 3342-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: April 5, 2023 Enacted: April 19, 2023 Effective: April 19, 2023 Page 42 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Kathy Romain, Senior Center Director DATE: March 27, 2023 SUBJECT: Ordinance 3342-2023 – Vintage Pointe Supplemental Appropriation Throughout FY23, there has been an increase in emergency repairs and maintenance for Vintage Pointe with respect to the dry sprinkler system and the tremendous amount of snow. Each of these issues has weighed heavily on our FY23 Budget and will require supplemental funding from the Congregate Housing Enterprise Fund for the remainder of the current fiscal year. I respectfully request your approval of Ordinance No. 3342-2023 Page 43 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3343-2023 AN ORDINANCE ACCEPTING AND APPROPRIATING A VOLUNTEER FIRE ASSISTANCE GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE PASSED THROUGH THE STATE OF ALASKA DIVISION OF FORESTRY FOR THE PURCHASE OF FORESTRY FIREFIGHTING EQUIPMENT. WHEREAS, City of Kenai Fire Department is a cooperator with Division of Forestry and has contracted personnel and equipment on major fire incidents on the Kenai Peninsula; and, WHEREAS, grant funding will be used to purchase personal protective equipment for our personnel, to be used while responding to forest fire incidents; and, WHEREAS, additional equipment will be purchased to improve response capabilities in our service area and assist Division of Forestry on incidents as a cooperator; and, WHEREAS, the State of Alaska Division of Forestry has provided a grant in the amount of $5,897.94 to assist the City of Kenai Fire Department in purchasing forestry firefighting gear, and, WHEREAS, appropriation of this grant for its intended purpose is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept a grant from the United States Department of Agriculture Forest Service passed through the State of Alaska Division of Forestry in the amount of $5,897.94 for the purchase of forestry firefighting equipment and is authorized to execute a grant agreement and to expend the grant funds to fulfill the purpose and intent of this Ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Federal Grant – Fire $5,897.94 Increase Appropriations – Fire Department – Small Tools/Minor Equipment $5,897.94 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 immediately upon enactment. Page 44 Ordinance No. 3343-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 19TH DAY OF APRIL, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: April 5, 2023 Enacted: April 19, 2023 Effective: April 19, 2023 Page 45 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tony Prior, Fire Chief DATE: March 23, 2023 SUBJECT: Ordinance 3343-2023 – Volunteer Fire Assistance Grant The City of Kenai Fire Department has been awarded a Volunteer Fire Assistance (VFA) grant in the amount of $5,897.94 from the United States Department of Agriculture Forest Service through State of Alaska Division of Forestry for the purchase of forestry firefighting gear. The grant will fund the purchase of forestry firefighting Personal Protective Equipment (PPE), along with equipment to place on our designated forestry response apparatus. This gear and equipment will enable us to respond appropriately with tools needed on forestry incidents. Your consideration is appreciated. Page 46 Department of Natural Resources Division of Forestry 550 West 7th Avenue, Suite 1450 Anchorage, AK 99501-3561 Main: 907.269-8463 Fax: 907-269-8931 March 10th, 2023 Dear Alaska Fire Department: Thank you for applying for the 2023 Volunteer Fire Assistance (VFA) grants. Thirty-two (32) fire departments applied for a VFA grant requesting a total of $177,089 in assistance. Thirty-one (31) Alaska Fire Departments will receive up to $6000 per fire department. A total of $171,712 will be awarded. This is the letter of official notification. The enclosed spreadsheet lists all applicants and the amount requested/amount awarded. If a fire department was awarded a grant, the amount awarded will be listed in the column titled “Amount Awarded”. If a VFD did not receive any funding or will be receiving a partial award, please get in touch with your respective DOF Fire Management Officer (FMO) with any questions you may have. Checks will be distributed electronically by association with the VFD’s SOA vendor number and the SOA electronic payment agreement. Electronic disbursements are expected by May 2023. • To be eligible for a 2024 VFA grant, compliance documentation, such as copies of receipts for 2023 grant expenditures, must be submitted to your nearest Forestry office at the time of, or prior to, submitting a 2023 application. • Volunteer Fire Assistance is an award of Federal Financial Assistance with funding from the USDA Forest Service. Prime and sub-recipients to this award are subject to OMB guidance in sub parts A through F of 2 CFR Part 200 as adapted and supplemented by the USDA in 2 CFR Part 400. Adoption by USDA of the OMB guidance in 2 CFR 400 gives regulatory effect to OMB guidance in 2 CFR 200 where full text may be found. • The brochure, Complying with Civil Rights, FS-850, can be found at: www.fs.usda.gov/internet/fse_documents/fseprd526908.pdf • The OMB Circulars are available on the internet at www.ecfr.gov• If an application was not fully successful, do not be discouraged and continue to apply every year by submitting an online application package by the deadline. Sincerely, Sarah Saarloos, Fire Staff Officer Page 47 2023 VFA Grant Awards Fire Department Amount Requested Amount Awarded Division of Forestry Office Delta Junction VFD $5,973.88 $5,973.88 Delta Area Office Rural Deltana VFD $6,000.00 $6,000.00 Delta Area Office Chena-Goldstream Fire & Rescue $5,848.20 $5,848.20 Fairbanks Area Office Ester VFD $5,658.41 $5,658.41 Fairbanks Area Office North Pole FD $6,000.00 $6,000.00 Fairbanks Area Office North Star VFD $5,959.89 $5,959.89 Fairbanks Area Office Salcha Fire & Rescue $5,377.00 $0.00 Fairbanks Area Office Bear Creek Fire/EMS Department $3,293.55 $3,293.55 Kenai Kodiak Area Office Central Emergency Services $5,331.60 $5,331.60 Kenai Kodiak Area Office Cooper Landing VFD $5,384.36 $5,384.36 Kenai Kodiak Area Office Kachemak Emerg. Services $5,923.60 $5,923.60 Kenai Kodiak Area Office Kenai FD $5,897.94 $5,897.94 Kenai Kodiak Area Office Lowell Point VFD $6,000.00 $6,000.00 Kenai Kodiak Area Office Moose Pass Vol. Fire Co.$5,239.78 $5,239.78 Kenai Kodiak Area Office Nikiski FD $4,358.47 $4,358.47 Kenai Kodiak Area Office Seward FD $4,229.32 $4,229.32 Kenai Kodiak Area Office Western Emergency Serivces Area $5,844.96 $5,844.96 Kenai Kodiak Area Office Butte FD $5,999.75 $5,999.75 Mat Su Area Girdwood Vol. Fire & Rescue, Inc. $5,810.00 $5,810.00 Mat Su Area Houston FD $5,931.00 $5,931.00 Mat Su Area Palmer Fire and Rescue $5,759.45 $5,759.45 Mat Su Area Sutton VFD $5,999.99 $5,999.99 Mat Su Area Talkeetna VFD $6,000.00 $6,000.00 Mat Su Area Trapper Creek $6,000.00 $6,000.00 Mat Su Area Haines VFD $6,000.00 $6,000.00 Southeast Alaska Whale Pass VFD $3,471.50 $3,471.50 Southeast Alaska Bethel FD $4,963.68 $4,963.68 Southwest District Tok VFD $5,992.00 $5,992.00 Tok Area Office Gakona VFD $5,975.10 $5,975.10 Valdez-Copper River Area Office GlennRich Fire Rescue $5,611.50 $5,611.50 Valdez-Copper River Area Office Kennicott/McCarthy VFD $5,367.24 $5,367.24 Valdez-Copper River Area Office Kenny Lake VFD $5,887.71 $5,887.71 Valdez-Copper River Area Office GRAND TOTAL $177,089.88 $171,712.88 Page 48 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3344-2023 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE CHAPTER 8.20 – FIREWORKS CONTROL, BY REMOVING REFERENCES TO CITY PERMITS – WHICH ARE REDUNDANT TO THE STATES FIREWORK DISPLAY PERMIT. WHEREAS, Kenai Municipal Code establishes rules for the use of fireworks in the City; and, WHEREAS, there is not a permitting process established by the City for a Fireworks Display; and, WHEREAS, the State requires a letter from the local fire department stating that they are aware and do not object to the display before a Firework Display Permit is issued; and, WHEREAS, the Use Permit for the City is redundant to the Firework Display Permit issued by the State. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 8.20.020 of Kenai Municipal Code: That Kenai Municipal Code, Section 8.20.020 - Fireworks prohibition-Exceptions, is hereby amended as follows: 8.20.020 Fireworks [P]Prohibition—Exceptions. Except as specifically provided below, the use of all classes of fireworks are forbidden within the City of Kenai. (a) Personal and Private Use. On the days of December 31st and January 1st only, a forty-eight (48) hour period, a person over the age of eighteen (18) may use salable fireworks within the City for personal and private use on real property owned by the person, or other private property with the consent of the property owner. (b) Public Use. As specifically provided below, the City, associations and other organizations, or groups holding a current and valid permit issued by the [CITY AND ANY OTHER] State or Federal agency with jurisdiction, may provide a public display of fireworks. (c) Official Use. Employees or contractors of the City may use fireworks in the interest of public safety, animal control and animal hazing at the Kenai Municipal Airport. Section 2. Repeal of Section 8.20.030 of Kenai Municipal Code: That Kenai Municipal Code, Section 8.20.030 – Use permits, is hereby repealed as follows: [8.20.030 USE PERMITS. (A) THE CITY MAY ISSUE A PYROTECHNIC PERMIT TO THE CITY, ASSOCIATION OR OTHER ORGANIZATION, OR GROUPS FOR PUBLIC FIREWORKS DISPLAYS, PROVIDED THAT THE DISPLAY IS TO BE CONDUCTED BY A STATE LICENSED PYROTECHNIC OPERATOR WITHIN THIRTY (30) DAYS FROM THE DATE OF AN APPROVED APPLICATION SHOWING THE FOLLOWING: (1) DATES AND LOCATION OF THE PROPOSED DISPLAYS; AND Page 49 Ordinance No. 3344-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] (2) THAT ALL APPROPRIATE OR REQUIRED STATE LICENSES OR CERTIFICATES HAVE BEEN PROCURED; AND (3) THAT A POLICY OR CERTIFIED TRUE COPY OF A POLICY OF PUBLIC LIABILITY INSURANCE AND PRODUCTS LIABILITY INSURANCE COVERAGE PROVIDED BY THE APPLICANT OR HIS OR HER EMPLOYER HAS BEEN FILED WITH THE CITY, BOTH ACCIDENT AND OCCURRENCE IN THE AMOUNT OF AT LEAST ONE MILLION DOLLARS ($1,000,000.00) FOR BODILY INJURY AND DEATH AND AT LEAST FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FOR PROPERTY DAMAGE; AND (4) THAT THE CITY OF KENAI FIRE DEPARTMENT HAS BEEN NOTIFIED AND INVITED TO BE IN ATTENDANCE FOR FIRE CONTROL PURPOSES; AND (5) THAT THE OFFICE OF THE STATE FIRE MARSHAL HAS ISSUED THE NECESSARY LICENSES OR CERTIFICATES, IF APPLICABLE; AND (6) THE NAME OF THE APPLICANT AND THE NAME AND ADDRESS OF THE STATE LICENSED PYROTECHNIC OPERATOR OR COMPANY WHO WILL BE CONDUCTING THE DISPLAY. (B) IN THE EVENT THAT AN OBJECTION IS RECEIVED FROM THE STATE FIRE MARSHAL OR THE CITY OF KENAI FIRE DEPARTMENT, THE CITY MAY DENY THE APPLICATION FOR CAUSE SHOWN.] Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 19TH DAY OF APRIL, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: April 5, 2023 Enacted: April 19, 2023 Effective: May 19, 2023 Page 50 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tony Prior, Fire Chief DATE: March 28,2023 SUBJECT: Ordinance 3344-2023 – Amend KMC Fireworks Prohibition The City Code Chapter 8.20 Fireworks Control regulates the use of fireworks in the City. This Ordinance requests amendments to KMC Chapter 8.20 to remove reference to City “Use Permits”, as the City does not have an official Permit, or permit process. The State of Alaska has a permit and process in place that the Fire Department approves at the local level. Before an applicant can receive a Firework Display Permit from the State, the applicant must inform the local fire department and receive a letter from the fire department stating that they are aware and do not object to the display. The proposed amendments to KMC 8.20 only remove provisions for a local Use permit, thus removing redundancy with State requirements for a Fireworks Display Permit. The result is the same with a clearer and simpler permitting process. Your consideration is appreciated. Page 51 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Director of Public Works DATE: March 28, 2023 SUBJECT: Action Approval – DOT Easement Approval on Boat Launch Rd. The purpose of this memo is to request Council’s approval to grant an easement to the Alaska Department of Transportation (ADOT) in support of their Bridge Access Road Pavement Preservation Project (CFHWY00830). Part of ADOT’s project is to replace and upgrade failing culverts at Boat Launch Rd at the intersection with Bridge Access Road. Please see the attached Figure 2 drawing for exact location. The requested easement is 60’x100’ on both sides of Boat Launch Rd. and is intended to allow ADOT equipment to remove the existing culvert and replace it with a River Center and Department of Natural Resources approved fish passage type culvert. All costs associated with this project are being paid by ADOT. The affected project area will be restored to natural site conditions upon their departure. The Administration recommends approval of the requested easement. Council’s support is respectfully requested. Page 52 Kenai, Alaska Department of Transportation and Public Facilities Bridge Access Road Pavement Preservation CFHWY00830 STATE OF ALASKA DATE: 3/14/2023 FIGURE 2 Alaska DNR Parcel City of Kenai Parcel 60 feet 60 feet 100 feet 100 feet BOAT LAUNCH ROAD BR I D G E A C C E S S R O A D BOAT LAUNCH CULVERT REPLACEMENT Parcel Boundaries Legend Temporary Construction Easements 0 Thi; rnap is a user generated static output from an Internet mapping site and is tor 1------------------'I reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise re li able. Do not use for navigation . .,_ _________ ...,. _______ ,. Page 53 MEMORANDUM TO: Council Members FROM: Mayor Gabriel DATE: March 21, 2023 SUBJECT: Discussion/Action – Scheduling Special Meeting(s) for Individual Council Employee Personnel Evaluations The individual Council employees who have evaluations due for the evaluation period ending December 31, 2022 are City Clerk and City Attorney. The City Manager evaluation is not due at this time because his employment began on January 10, 2023, after the end of the evaluation period. The City Manager Employment Agreement states the employee will receive a performance evaluation within the first six months, and this evaluation will need to be scheduled at a later date than the evaluations for the City Clerk and City Attorney. The following timeline is recommended for the evaluation process this year: April 5, Regular Council Meeting Schedule employee evaluations with a Clerk’s Note that Council May Convene into Executive Session at the April 19 meeting to review and finalize evaluations April 20 – 28, Special Meeting Council reviews employee evaluation(s) with employee(s) with a Clerk’s Note that Council May Convene into Executive Session May 3, Regular Council Meeting Council Action/Approval Item Amending any Employment Agreement(s) by motion with a specified effective date This timeline differs from previous years to allow Council to provide employees with a copy of the evaluation prior to the Special Meeting to review evaluations with the employee(s). Copies of the current employment agreements will be provided to Council by Human Resources in advance of the April 19 meeting. Review and Discussion of the evaluation(s) may be held in Executive Session as it may be a subject that tends to prejudice the reputation and character of a person provided the employee may request a public discussion. Page 54 KENAI AIRPORT COMMISSION REGULAR MEETING MARCH 9, 2023 – 6:00 P.M. KENAI MUNICIPAL AIRPORT CONFERENCE ROOM CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: G. Feeken, P. Minelga, D. Pitts, J. Caldwell, J. Bielefeld, J. Daily, J. Zirul None. Staff/Council Liaison Present: Airport Manager E. Conway, City Clerk S. Saner, Council Member Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Caldwell MOVED to approve the agenda as revised. Commissioner Daily SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENT – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. January 12, 2023 MOTION: Vice Chair Minelga MOVED to approve the meeting summary of January 12 2023 as written. Commissioner Daily SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion/Recommendation – Recommending City Council Approval of the Student Representative Policy No. 20.100 City Clerk Saner clarified that this would repeal both of the existing student representative policies and establish one policy that’s applicable to all boards, commissions and councils; she reviewed the proposed changes from the previous policy. Page 55 ____________________________________________________________________________________ Airport Commission Meeting Page 2 of 3 March 9, 2023 Clarification was provided that the students’ reporting requirements would be established through their school’s leadership groups. MOTION: Vice Chair Minelga MOVED to recommend that the Kenai City Council approve the Student Representative Policy No. 20.100. Commissioner Caldwell SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There were no objections; SO ORDERED. [Commissioner Zirul arrived 6:05 p.m.] b. Discussion/Recommendation – Recommending City Council Approval of Amendments to the City Council Procedures for Commissions, Committees and Council on Aging Policy No. 2016-01 City Clerk Saner reviewed the proposed amendments to the Procedures for Commissions, Committees and Council on Aging Policy. MOTION: Council Member Daily MOVED to recommend that the Kenai City Council Approval of Amendments to the City Council Procedures for Commissions, Committees and Council on Aging Policy No. 2016-01. Vice Chair Minelga SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There were no objections; SO ORDERED. c. Discussion/Recommendation – Recommending City Council Approval of a Special Use Permit to Pacific Star Seafoods to Conduct Fish Haul Operations. Airport Manager Conway explained that Pacific Star Seafoods, Inc. is requesting a Special Use Permit for 15,000 square feet for aircraft loading and parking related to fish haul operations, to be used between June 1, 2023 and July 21, 2023. MOTION: Commissioner Caldwell MOVED to recommend that the Kenai City Council approve a Special Use Permit to Pacific Star Seafoods to Conduct Fish Haul Operations. Commissioner Daily SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There were no objections; SO ORDERED. d. Discussion/Recommendation – Recommending City Council Approval of a Special Use Permit to The Fishing Grounds LLC to Operate a Snack/Gift Shop Inside the Airport Terminal Building, Suite 120. Airport Manager Conway reported that multiple individuals had expressed interest in the space, and he is glad to see the space in operation again as it will have value for travelers. Applicant Rebecca Boettcher reviewed what would be sold and clarified that she intends for the operating hours to be 6:00 a.m. to 8:00 p.m. MOTION: Commissioner Caldwell MOVED to recommend that the Kenai City Council approve a Special Use Permit to The Fishing Grounds LLC to Operate a Snack/Gift Shop Inside the Airport Terminal Page 56 ____________________________________________________________________________________ Airport Commission Meeting Page 3 of 3 March 9, 2023 Building, Suite 120. Commissioner Bielefeld SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There were no objections; SO ORDERED. 7. REPORTS a. Airport Manager – Airport Manager Conway reported on the following: • Enplanement increase year over year. • Met with the FAA in Anchorage to discuss upcoming runway project. • Will attend FAA workshop in Anchorage on March 21st. • Vacancy update. b. City Council Liaison – Council Member Askin reported on the actions of the February 15, 2023 and March 1, 2023 City Council meetings. 8. NEXT MEETING ATTENDANCE NOTIFICATION – April 13, 2023 9. COMMISSIONER COMMENTS AND QUESTIONS Vice Chair Minelga suggested that the Commission tour the Fire Training Center Facility. Commissioner Pitts inquired about snow removal at the Airport. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS a. January 2023 Enplanements b. February 2023 Enplanements 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 6:28 p.m. Meeting summary prepared and submitted by: ________________________ Meghan Thibodeau Deputy City Clerk Page 57 KENAI PARKS & RECREATION COMMISSION REGULAR MEETING MARCH 2, 2023 – 6:00 PM KENAI CITY COUNCIL CHAMBERS CHAIR PRO TEM CHARLIE STEPHENS, PRESIDING MEETING SUMMARY 1. CALL TO ORDER The meeting was called to order at approximately 6:10 p.m. a. Pledge of Allegiance Parks & Recreation Charlie Stephens led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners present: C. Stephens, M. Bernard, J. Joanis,K Graham Commissioners absent: G. Wisniewski, S. Kisena, D. Rigall Staff/Council Liaison present: Parks & Recreation Director B. Walker, Parks & Recreation Assistant Director T. Best, City Clerk S. Saner, Council Liaison H. Knackstedt A quorum was present. MOTION: Commissioner Joanis MOVED to nominate Commissioner Stephens as Chair Pro Tem. Commissioner Bernard SECONDED the motion. There were no objections; SO ORDERED. c. Election of Chair and Vice-Chair The commission agreed to hold the election of Chair and Vice-Chair until the next meeting when more of the body would be present. d. Agenda Approval Chair Pro Tem Stephens noted the request from staff to revise the agenda by hearing item 6a. Presentation of Parks and Recreation 2023 Summer Maintenance Plan after items 6b. and 6c. MOTION: Commissioner Joanis MOVED to approve the agenda as revised. Commissioner Bernard SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENT – None. 3. UNSCHEDULED PUBLIC COMMENT Rebecca Lambourne, an anthropologist and resident of the city, discussed her involvement in an archaeological dig with the City of Soldotna. Lambourne mentioned that there are cultural sites in the municipal parks, some of which are protected, and suggested that they could be worked into an educational nature trail. She also mentioned that there are salmon fry in a salmon-rearing stream in the park and highlighted the importance of protecting this area. Lastly, she shared that she had conducted a recent survey in the park and found more salmon fish storage pits, indicating that there are likely more cultural sites in the park. 4. APPROVAL OF MEETING SUMMARY a. November 3, 2022 Page 58 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 2 of 3 March 2, 2023 MOTION: Commissioner Joanis MOVED to approve the meeting summary of November 3, 2022. Commissioner Bernard SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS b. Discussion/Recommendation – Recommending City Council Approval of Amendments to the City Council Procedures for Commissions, Committees and Council on Aging Policy No. 2016-01 City Clerk Saner reviewed the proposed amendments to the Procedures for Commissions, Committees and Council on Aging Policy. MOTION: Commissioner Joanis MOVED to recommend approval of the amendments to the City Council Procedures for Commissions, Committees and Council on Aging Policy No. 2016-01. Kyle Graham SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There were no objections; SO ORDERED. c. Discussion/Recommendation – Recommending City Council Approval of the Student Representative Policy No. 20.100 City Clerk Saner clarified that this would repeal both of the existing student representative policies and establish one policy that’s applicable to all boards, commissions and councils; she reviewed the proposed changes from the previous policy. The commission discussed the wording of eligibility requirements and whether it excludes homeschool or online students. They proposed different options to include residents who attend schools outside the city limits, such as adding a residency requirement or amending the wording to include the name of the school district. MOTION: Commissioner Joanis MOVED to recommend approval of the Student Representative Policy No. 20.100, with the change that a student must be a junior or senior in good standing at a school within the Kenai Peninsula Borough. Commissioner Graham SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There were no objections; SO ORDERED. a. Discussion/Recommendation – Presentation of Parks and Recreation 2023 Summer Maintenance Plan Parks Director Walker provided a staff report of the 2023 Summer Maintenance Plan, which includes maintaining the turf for soccer fields, ball fields, softball, and baseball. He explained that staff will also implement watering programs and work on the wildflower field to overcome the seed bank by removing the weed seeds in the soil. Further discussion from the commission included clarification on herbicide use, community marketing, snow removal, and rototilling the playground in Old Town Park. 7. REPORTS a. Parks and Recreation Director – Director Walker reported on the following: • Assistant Director Best will be acting Director the following week while Director Page 59 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 3 of 3 March 2, 2023 Walker will be out of office. • City League Basketball update. • Planning for Easter Egg Hunt and Kite Festival events. • Flowers have been ordered, to be received in March. • Moving snow on walkways at Municipal Park. • City leadership training. • Recognized long-serving commissioners Michael Bernard (eight years) and Charlie Stephens (12 years); provided with certificates of appreciation and pins. b. Commission Chair – No report. c. City Council Liaison – Council Member Knackstedt reviewed the actions of the February 15, 2023 and March 1, 2023 City Council meetings. 8. NEXT MEETING ATTENDANCE NOTIFICATION – April 6, 2023 It was noted that Commissioner Stephens would not be in attendance. 9. COMMISSION QUESTIONS AND COMMENTS Commissioner Joanis noted that she appreciated the Robert Rules of Order training provided by the City during the Commission & Committee training session. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATIONAL ITEMS a. Parks & Recreation Report – December 2022 and January 2023 It was noted that the Department of Natural Resources reached out and has been removing trees from Ryan’s Trails, where they dropped over 300 trees. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:32 p.m. Meeting summary prepared and submitted by: ___________________________________ Meghan Thibodeau Deputy City Clerk Page 60 Kenai City Council - Regular Meeting Page 1 of 3 April 05, 2023 Kenai City Council - Regular Meeting April 05, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comments 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 comments limited to ten (10) minutes per speaker) 1. Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center. C. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3339-2023 - Accepting and Appropriating Donations to the Kenai Animal Shelter for the Care of Animals. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3340-2023 - Accepting and Appropriating a Grant Received through Maddie’s Fund to the Kenai Animal Shelter for the Care of Animals. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3341-2023 - Accepting and Appropriating a Donation to the Kenai Senior Center. (Administration) 4. POSTPONED INDEFINITELY. Resolution No. 2023-24 - Supporting State of Alaska Legislative Action Increasing the Base Student Allocation by at Least $1000 to Adequately Fund and Restore Student School Resources and Learning Opportunities. (Knackstedt) 5. ADOPTED UNANIMOUSLY. Resolution No. 2023-25 - Authorizing a Construction Contract and Corresponding Purchase Order for the 2023 Kenai Recreation Center Upgrades Project and an Increase to the Existing Design Services Purchase Order for Construction Administration Services. (Administration) E. MINUTES Kenai City Council - Regular Meeting Page 2 of 3 April 05, 2023 1. *Regular Meeting of March 15, 2023. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Non-Objection to the Renewal of a Liquor License for Don Jose’s, LLC., DBA: Don Jose's Mexican Restaurant - License No. 3039. (City Clerk) 4. *Ordinance No. 3342-2023 - Increasing Estimated Revenues and Appropriations in the Congregate Housing Fund for Costs in Excess of Budgeted Amounts. (Administration) 5. *Ordinance No. 3343-2023 - Accepting and Appropriating a Volunteer Fire Assistance Grant from the United States Department of Agriculture Forest Service Passed through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. (Administration) 6. *Ordinance No. 3344-2023 - Amending Kenai Municipal Code Chapter 8.20 - Fireworks Control, by Removing References to City Permits - which are Redundant to the States Firework Display Permit. (Administration) 7. APPROVED UNANIMOUSLY. Action/Approval - Granting an Easement on Both Sides of Boat Launch Road to the Alaska Department of Transportation in Support of the Bridge Access Road Pavement Preservation Project. (Administration) 8. BUDGET WORK SESSION SCHEDULED FOR 9:00 AM ON APRIL 29, 2023. Discussion/Action - Scheduling a Budget Work Session. (Gabriel) 9. COUNCIL EMPLOYEE EVALUATIONS SCHEDULED FOR 6:00 PM ON APRIL 27, 2023 AND MAY 3, 2023. Discussion/Action - Scheduling Council Employee Evaluations. (Gabriel) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) Kenai City Council - Regular Meeting Page 3 of 3 April 05, 2023 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 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 OR https://us02web.zoom.us/j/89359317317 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 893 5931 7317 Passcode: 224157 Meeting ID: 893 5931 7317 Passcode: 224157