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Home My WebLink About2023-08-02 Council PacketKenai City Council - Regular Meeting Page 1 of 3 August 02, 2023 Kenai City Council - Regular Meeting August 02, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items 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 ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. Ordinance No. 3364-2023 - Increasing Estimated Revenues and Appropriations in the Water and Sewer Capital Project Fund for Replacement of an Existing Cemetery Creek Culvert with a Fish Passage Culvert. (Administration) [KMC 1.15.070(d)] 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Enactment (Requires Five Affirmative Votes) 2. Resolution No. 2023-48 - Approving Development Incentives for a Lease of the Airport Reserve Lands Between the City of Kenai and Schilling Rentals, LLC on Lot 3, Block 1, General Aviation Apron No. 1 Amended. (Administration) 3. Resolution No. 2023-49 - Declaring the Rights-of-Way of Char Circle as Dedicated on Park View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149) and a Portion of S. Spruce Street as Dedication on Park View Subdivision (Plat No. KK 79-156) are No Longer Needed for a Public Purpose and Consenting to Vacation of the Rights-of-Way. (Administration) F. MINUTES 1. *Regular Meeting of July 5, 2023. (City Clerk) Page 1 Kenai City Council - Regular Meeting Page 2 of 3 August 02, 2023 G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Assignment and Assumption of Lease Agreement of Lot 5, Block 1, Gusty Subdivision Addition No. 1 Amended to Braden Ellis. (Administration) 3. *Action/Approval - Amending an Employment Agreement between the City of Kenai and City Manager, Terry Eubank. (Gabriel) 4. *Ordinance No. 3365-2023 - Increasing Estimated FY2023 Revenues and Appropriations in the General Fund - Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 5. *Ordinance No. 3366-2023 - Increasing Estimated Revenues and Appropriations in the General Fund - Planning Department to Complete Rezoning of the Kenai Waterfront Area as Identified in the 2022 Kenai Waterfront Revitalization Assessment. (Knackstedt) 6. *Ordinance No. 3367-2023 - Increasing Estimated Revenues and Appropriations in the General Fund - Street Department for Award of a Contract to Replace Public Sidewalk at 815 Frontage Road. (Administration) 7. Discussion/Action - Commission, Committee and Council on Aging Direction. (Gabriel) 8. Discussion/Action - Radio Advertising. (Douthit) I. 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 J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT Page 2 Kenai City Council - Regular Meeting Page 3 of 3 August 02, 2023 P. 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/83085079211 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 830 8507 9211 Passcode: 428997 Meeting ID: 830 8507 9211 Passcode: 428997 Page 3 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3364-2023 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE WATER AND SEWER CAPITAL PROJECT FUND FOR REPLACEMENT OF AN EXISTING CEMETERY CREEK CULVERT WITH A FISH PASSAGE CULVERT. WHEREAS, the U.S. Fish and Wildlife Service has identified Cemetery Creek, a creek from the outflow of the Kenai Airport Float Plane Basin to Cook Inlet, as having one of the highest populations of Coho and Chinook salmon smolt on the lower Kenai River; and, WHEREAS, a culvert in the creek has been identified as posing an obstacle to these smolts during certain water flow conditions; and, WHEREAS, replacement of the existing culvert with a fish passage culvert will remove this obstacle and improve fish habitat; and, WHEREAS, the improvement of fish rearing habitat is important to future salmon returns to the Kenai River; and, WHEREAS, design and construction of the project will be accomplished through a partnership between the U.S. Fish and Wildlife Service, the City of Kenai, and the Kenaitze Indian Tribe; and, WHEREAS, completion of a 35% design and cost estimate will facilitate a grant application by the Kenaitze Indian Tribe for additional federal funds to complete the project design and construction; and, WHEREAS, the U.S. Fish and Wildlife Service is providing $25,000 for an elevational and morphological survey of Cemetery Creek and culvert, engineering and design; and, WHEREAS, the agreement with the U.S. Fish and Wildlife Service requires $5,000 in local funding which is being provided by proceeds from the Kenai Silver Salmon Derby, held by the Kenai Community Foundation; and, WHEREAS, proceeds from the Kenai Silver Salmon Derby are designated for management and protection of river banks and other riparian zones in the City of Kenai; and, WHEREAS, design and construction of the project will be administered by the City as the land owner; and, WHEREAS, the cooperative partnership between the U.S. Fish and Wildlife Service, the City of Kenai, and the Kenaitze Indian Tribe to replace the culvert and improve fish habitat is in the best interest of the City and its residents; and, WHEREAS, in order to accommodate grant application timelines this fall, the administration is requesting introduction and approval of this Ordinance at the same meeting on August 2, 2023; and, WHEREAS, pursuant to KMC 1.15.070(d) the City may introduce and finally pass on the same day, an ordinance making, repealing, transferring or otherwise changing an appropriation. ~ K(;NAI Page 4 Ordinance No. 3364-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] 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 in the amount of $25,000 from the U.S. Fish and Wildlife Service, execute all applicable grant documents and expend the funds in adherence to the provisions of the grant and this ordinance. Section 2. That the City Manager is authorized to accept $5,000 in proceeds from the Kenai Silver Salmon Derby, being held by the Kenai Community Foundation, and to expend those funds for habitat restoration. Section 3. That the following budget revision is authorized: Water & Sewer Capital Project Fund: Increase Estimated Revenues: Federal Grants $25,000 Miscellaneous Donations 5,000 $30,000 Increase Expenditures – Construction $30,000 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 2ND DAY OF AUGUST, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: August 2, 2023 Enacted: August 2, 2023 Effective: August 2, 2023 Page 5 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: July 21, 2023 SUBJECT: Ordinance 3364-2023 Appropriation of a U.S. Fish and Wildlife Service Grant and Proceeds from the Kenai Silver Salmon Derby for Installation of a Fish Passage Culvert In partnership with the U.S. Fish and Wildlife Service and the Kenaitze Indian Tribe, the City is working to replace an existing culvert, installed under a City water main, with a fish passage culvert to enhance salmon habitat in Cemetery Creek, located within the City. Cemetery Creek has been determined by U.S. Fish and Wildlife Service to have one of the highest populations of coho and chinook salmon smolt on the lower Kenai River. Salmon do not spawn in the creek; however, smolt from upriver utilize the stream as a rearing habitat before migrating to the open ocean. The existing culvert installed by the City during the installation of a City water main has been determined to be an impediment to salmon smolt during certain water flow conditions, and the habitat would be enhanced with the installation of a fish passage culvert. City staff, along with representatives from the Kenaitze Indian Tribe and the U.S. Fish and Wildlife Service, toured the site and saw both one- and two-year-old coho salmon smolt rearing in the Cemetery Creek and the subject culvert. The group is working collaboratively on a project in which the U.S. Fish and Wildlife Service will provide technical direction and funding, the City will provide design and construction management services, and the Kenaitze Indian Tribe will apply for federal funding to complete the project. The culvert, denoted with a blue dot on the attached map, is located between Birch and Coral Streets, paralleling the Kenai Spur Highway on a parcel of City-owned land located within the Airport Reserve. The water main installed in the area was elevated above Cemetery Creek and is enclosed in a dirt mound. The project will include excavation of the mound, supporting the water main while exposed, installation of a new fish passage culvert, and re-burying of the watermain. Proceeds from the Kenai Silver Salmon Derby, which have been entrusted to the Kenai Community Foundation, are designated for management and protection of river banks and other riparian zones within the City of Kenai. The Administration proposes $5,000 be allocated from the Derby proceeds, which would represent the first use of Derby proceeds toward a project. The U.S. Fish and Wildlife Service has offered the additional $25,000 for preliminary design and cost estimation needed to facilitate a grant application this fall for the remaining design and City of Kenai I 210 ~idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 6 Page 2 of 2 construction funds. In order to meet the fall grant application timeline, the Administration is requesting the Ordinance be introduced and heard at the same meeting. The partners of the project are committed to enhancing habitat in support of salmon returns on the Kenai River and respectfully request your support for enactment of Ordinance 3364-2023. Attachment Cemetery Creek Area Map The City of Kenai I www.kenai.city Page 7 Map title goes here. This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. It is not to be used for navigation. Legend Type any notes here. Notes 7/21/2023DATE PRINTED: Mileposts City Limits Highways Major Roads Roads Town Medium Volume Town Low/Seasonal; Other Proposed Parcels Image Red: Red Green: Green Blue: Blue • J ■ □ ■ Page 8 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-48 A RESOLUTION APPROVING DEVELOPMENT INCENTIVES FOR A LEASE OF THE AIRPORT RESERVE LANDS BETWEEN THE CITY OF KENAI AND SCHILLING RENTALS, LLC ON LOT 3, BLOCK 1, GENERAL AVIATION APRON NO. 1 AMENDED. WHEREAS, on September 20, 2019, Schilling Rentals, LLC (Schilling) entered into an assignment of lease for Lot 3, Block 1, General Aviation Apron No. 1 Amended with SOAR International Ministries, Inc.; and, WHEREAS, Schilling submitted an application for temporary development incentives that meets the requirements of Kenai Municipal Code (KMC) 21.10.100, Temporary Development Incentives on June 28, 2023; and, WHEREAS, Larson Engineering & Design has provided an estimated cost of $208,000 for removal of all frost susceptible soils and backfill with non-frost susceptible gravels to 95% of maximum dry density; and, WHEREAS, the site excavation is laying the groundwork for a 6,000 square foot hangar; and, WHEREAS, KMC 21.10.100 requires Council approval of temporary development incentives for site preparation work on the leased premises to include clearing and grubbing, unclassified excavation, classified fill and back fill, a crushed aggregate base course and utility extensions; and, WHEREAS, the project will enhance public safety and quality of life while providing economic development on property leased from the City within the Kenai Municipal Airport Reserve. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the temporary development incentive with an estimated cost of $208,000 for the excavation and backfill is approved. Subject to compliance with the Kenai Municipal Code for the credit to be applied to the lease payments, prorated as necessary for a maximum of five (5) years. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 2ND DAY OF AUGUST, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk ~ K(;NAI Page 10 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: July 25, 2023 SUBJECT: Resolution No. 2023-48 – Approving Development Incentives for a Lease of the Airport Reserve Lands for Schilling Rentals, LLC on Lot 3, Block 1, General Aviation Apron No. 1 Amended. On September 20, 2019, Schilling Rentals, LLC entered into an assignment of lease for Lot 3, Block 1 General Aviation Apron No. 1 Amended with Soar International Ministries, Inc. This lease expires on June 30, 2040. A Development Incentive application was received on June 28, 2023 for an estimated cost of $208,000 to remove all frost susceptible soils and backfill with non-frost susceptible gravels to 95% of maximum dry density. The site excavation is laying the groundwork for a 6,000 square foot hangar. A building permit was submitted on July 19, 2023 for the foundation and hangar. Kenai Municipal Code 21.10.100 requires Council approval of temporary development incentives for site preparation work on the leased premises to include clearing and grubbing, unclassified excavation, classified fill and back fill, a crushed aggregate base course and utility extensions. This resolution will approve development incentives for the subject lease. A certification from a qualified engineer that the accepted scope of work has been completed must be provided to the City and accepted at the completion of the site preparation work in order for the credit to be applied to the lease payments, prorated as necessary for a maximum of five (5) years. The current annual rent for the lease is $12,900 plus applicable taxes. Thank you for your consideration. Attachments Aerial Map Lease Development Incentive Application Site Excavation Cost Estimate Letter City of Kenai I 210 ~idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 11 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-49 A RESOLUTION DECLARING THE RIGHTS-OF-WAY OF CHAR CIRCLE AS DEDICATED ON PARK VIEW SUBDIVISION (PLAT NO. KN 79-156) AND CITY PARK SUBDIVISION NO. 2 (PLAT NO. KN 2007-149) AND A PORTION OF S. SPRUCE STREET AS DEDICATION ON PARK VIEW SUBDIVISION (PLAT NO. KN 79-156) ARE NO LONGER NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO VACATION OF THE RIGHTS-OF-WAY. WHEREAS, the City received a preliminary plat from McLane Consulting, Inc., on behalf of the Boys & Girls Club of the Kenai Peninsula for a parcel merger with rights-of-way vacations for Char Circle and a portion of S. Spruce Street; and, WHEREAS, on July 26, 2023, the Planning and Zoning Commission passed Resolution PZ2023-13 recommending that Kenai Peninsula Borough Planning Commission approve the preliminary plat for City Park 2023 Replat with vacation of Char Circle and exclude the portion of S. Spruce Street; and, WHEREAS, the total area of the right-of-way vacations is approximately 0.719-acre as shown in Exhibit A; and, WHEREAS, Kenai Municipal Code Section 22.05.110, Determination as to need for public purpose, states City Council will determine whether rights-of way is needed for a public purpose by resolution; and, WHEREAS, the Boys & Girls Club of the Kenai Peninsula has stated the request for the right-of-way vacations is to enable them to maximize development as presented in Ordinance 3287-2022 for facilities for youth sports, recreation, education, after school care and other youth activities; and, WHEREAS, the right-of-way vacations of Char Circle and a portion of S. Spruce Street will not negatively affect public access; and, WHEREAS, it is determined that Char Circle and a portion of S. Spruce Street as identified in Exhibit A are no longer needed for a public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That Char Circle as dedicated on Park View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149) and a portion of S. Spruce Street as dedicated on Park View Subdivision (Plat No. KN 79-156) are no longer needed for a public purpose and consenting to vacation of the rights-of-way as identified in Exhibit A. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 2ND DAY OF AUGUST, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk ~ K(;NAI Page 15 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: July 25, 2023 SUBJECT: Resolution 2023-49 – Consenting to the Right-of-Way Vacations of Char Circle as Dedicated on Park View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149) and a Portion of S. Spruce Street as Dedication on Park View Subdivision (Plat No. KN 79- 156). On July 26, 2023, the Planning and Zoning Commission passed Resolution PZ2023-13 recommending the approval of the City Park 2023 Replat subject to the following condition: 1. Kenai City Council must consent to the right-of-way (ROW) vacations of Char Circle and a portion of S. Spruce Street are not needed for a public purpose and approve the ROW vacations as shown on the proposed preliminary plat. The total area of the ROW vacations is approximately 0.719 acre. As noted in the applicant’s letter of intent, the ROW vacations will not impact the public travel and will accommodate private access to an adjacent parcel to the south. In addition, the pending improvements include a new commercial kitchen, multi-purpose field, a 10,000 square foot clubhouse, and a building expansion for early education center to be opened in 2024. In accordance with Alaska Statutes § 29.40.140(b), no vacation of a City right-of-way and/or easement may be made without consent of the City Council. Furthermore, Kenai Municipal Code Section 22.05.110 states City Council will determined the reason of the land to include but not limited to rights-of way or easement is no longer needed for a public purpose by resolution. This resolution will consent to the right-of-way vacations of Char Circle and a portion of S. Spruce Street. Thank you for your consideration. Attachments Exhibit A – Preliminary Plat, City Park 2023 Replat Aerial Map Applicant’s Letter of Intent Resolution PZ2023-13 Park View Subdivision (Plat No. KN 79-156) City Park Subdivision No. 2 (Plat No. KN 2007-149) City of Kenai I 210 ~idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 16 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: July 28, 2023 SUBJECT: Resolution 2023-49 Planning and Zoning Commission Recommended Amendment At the regularly scheduled Planning and Zoning Commission meeting of July 26, 2023, the Commission unanimously voted to recommend that the City Council approved the right-of-way vacation of Char Circle and exclude the portion of S. Spruce Street. If the City Council agrees with the recommendation of the Planning and Zoning Commission the following amendment to Resolution 2023-49 is in order. Motion Thank you for your consideration. • Amend the Title to read: “A RESOLUTION DECLARING THE RIGHTS-OF-WAY OF CHAR CIRCLE AS DEDICATED ON PARK VIEW SUBDIVISION (PLAT NO. KN 79-156) AND CITY PARK SUBDIVISION NO. 2 (PLAT NO. KN 2007-149) [AND A PORTION OF S. SPRUCE STREET AS DEDICATION ON PARK VIEW SUBDIVISION (PLAT NO. KN 79-156) ARE] IS NO LONGER NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO VACATION OF THE RIGHT[S]-OF-WAY.” • Amend the third Whereas clause to read: “WHEREAS, the total area of the right of way vacation[S] is approximately [0.719]0.39-acre of Char Circle as shown in Exhibit A; and,” • Amend the sixth Whereas clause to read: “WHEREAS, the right-of-way vacation[S] of Char Circle [AND A PORTION OF S. SPRUCE STREET] will not negatively affect public access; and,” • Amend the seventh Whereas clause to read: “WHEREAS, it is determined that Char Circle [AND A PORTION OF S. SPRUCE STREET] as identified in Exhibit A [ARE] is no longer needed for a public purpose.” • Amend Section 1, to read: “That Char Circle as dedicated on Park View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149) [AND A PORTION OF S. SPRUCE STREET AS DEDICATION DEDICATED ON PARK VIEW SUBDIVISION (PLAT NO. KN 79-156) ARE] is no longer needed for a public purpose and consenting to vacation of the right[S]-of-way as identified in Exhibit A.” K(;NAI City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 17 CHAR CIRCLE R/W VARIES HEREBY VACATED S S P R U C E S T R / W V A R I E S H E R E B Y V A C A T E D WC WC N89°54'36"W 165.16' 30' 30' N0 0 ° 1 1 ' 0 0 " W 11 5 . 6 7 ' TRACT 2A 7.070 AC VACATED ROW 0.719 AC N 2 0 ° 1 1 ' 4 6 " W N89°54'45"W N89°54'45"W 38.76' S89°54'36"E S0 0 ° 1 0 ' 3 8 " E S89°56'21"E 135.18' N89°56'00"W S1 4 ° 5 6 ' 3 6 " W 3 5 3 . 2 1 ' 127.35' 495.06' 11 5 . 7 4 ' 246.97' 36 8 . 5 4 ' 10' UTILITY EASEMENT PER KN79-156 N0 0 ° 1 1 ' 0 0 " W "B A S I S O F B E A R I N G " KN 2 0 0 7 - 1 4 6 66 0 . 8 0 ' FOUND 2" ALCAP 4928-S FOUND BRASS CAP 1851-S 1979 U N S U B D I V I D E D LOT 1 BLOCK 1 KN74-82 NE1/16 S6 30' S S P R U C E S T R / W V A R I E S N89°56'00"W 165.00' U N S U B D I V I D E D U N S U B D I V I D E D U N S U B D I V I D E D FORMER LOT LINE (TYP.) 127.41'367.65' TR A C T B KN 7 9 - 1 5 6 20' WIDE ELECTRICAL DISTRIBUTION LINE EASEMENT INCLUDING GUYS AND ANCHORS CENTERED ON EXISTING OVERHEAD ELECTRIC LINES PER KN2007-146 TO REMAIN 10' UTILITY EASEMENT PER KN2007-146 TO REMAIN 10' UTILITY EASEMENT PER KN2007-146 HEREBY VACATED S0 0 ° 1 2 ' 0 0 " E 33 0 . 1 0 ' N0 0 ° 1 1 ' 0 0 " W 18 9 . 4 0 ' 7.070 AC - SITUATED IN THE NE1/4 SECTION 6, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, CITY OF KENAI, KENAI PENINSULA BOROUGH AND KENAI RECORDING DISTRICT, ALASKA. Plat # Time M Rec Dist Date 20 1 inch = GRAPHIC SCALE 0 50 50 ft. 10025 LEGEND FOUND 2" ALCAP 4928-S JAMES A. HALL 85032-S Scale: 1" = 50'Date :APR 2023 KPB File No.2023-xxx Drawn by :JAH Project No.232006 ENGINEERING - TESTING SURVEYING - MAPPING P.O. BOX 468 SOLDOTNA, AK. 99669 VOICE: (907) 283-4218 FAX: (907) 283-3265 WWW.MCLANECG.COM CITY PARK SUBDIVISION 2023 REPLAT BOYS AND GIRLS CLUB OF THE KENAI PENINSULA OWNER TRACT A KN2007-146 320 S SPRUCE ST, KENAI, AK 99611 A RESUBDIVISION OF TRACT A PARK VIEW SUBDIVISION KN79-156 AND TRACT A CITY PARK SUBDIVISION No.2 KN2007-146 AND THE ASSOCIATED R/W VACATION OF CHAR CIRCLE AND S SPRUCE STREET CERTIFICATE OF OWNERSHIP AND DEDICATION FOR: ACKNOWLEDGED BEFORE ME THIS _______ DAY OF __________________, 2023 MY COMMISSION EXPIRES :________________ _________________________ NOTARY PUBLIC FOR THE STATE OF ALASKA NOTARY'S ACKNOWLEDGEMENT 1. WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS SHALL BE PERMITTED ONLY IN CONFORMANCE WITH APPLICABLE REQUIREMENTS OF 18 AAC 72 AND 18 AAC 80. 2. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN AN EASEMENT WHICH WOULD INTERFERE WITH THE ABILITY OF A UTILITY TO USE THE EASEMENT. 3. DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14 ZONING CODE REQUIREMENTS. 4. CITY WATER AND SEWER ARE AVAILABLE TO SERVE THE PARCELS. 5. FURTHER DEVELOPMENT OF THE PROPERTY SHALL CONFORM TO ALL FEDERAL, STATE OF ALASKA AND LOCAL REGULATIONS. JEFF DOLIFKA - BOARD PRESIDENT BOYS AND GIRLS CLUB OF THE KENAI PENINSULA, OWNER TRACT A KN2007-146 320 S SPRUCE ST, KENAI, AK 99611 NOTES I HEREBY CERTIFY THAT BOYS AND GIRLS CLUB OF THE KENAI PENINSULA IS THE OWNER OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND ON BEHALF OF BOYS AND GIRLS CLUB OF THE KENAI PENINSULA, I HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIGHTS-OF-WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. WASTEWATER DISPOSAL PLANS FOR WASTEWATER DISPOSAL THAT MEET REGULATORY REQUIREMENTS ARE ON FILE AT THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. PLAT APPROVAL AUTHORIZED OFFICIAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF , 2023. FOUND 5/8" REBAR FOUND PRIMARY MONUMENT AS DESCRIBED Scale 1" = 1 Mile VICINITY MAP T6N THIS PLAT K E N A I S P U R H W Y KENAI R1 1 W KENAI RIVER 28 21 T5N 201924 30 2925 36 1 6 5 4 333231 R1 2 W C O O K I N L E T CONTOUR INTERVAL = 4' POWER POLE OVERHEAD ELECTRIC AREA SUBJECT TO INUNDATION SET 5/8"x30" REBAR w/ 1" STAINLESS STEEL CAP 85032-S BOOK:XX-XX JEFF DOLIFKA R/W HEREBY VACATED CITY OF KENAI OWNER TRACT A KN79-156 210 FIDALGO AVE STE 200, KENAI, AK 99611 (;+,%,7$ w w w w w w w w w w ' ' '' \ \ \ '' '' '\ ' \\ ''' I I\ I I I I I I I I I 1 / I I I / / / I I/ I I I I I/// ' '' /I I I I / I I I/ / '' ' 1 I I I / I I / I ' ' ' '' ' '' ''' I I I I I l I I \ \ I \I\ I \ \ \ I \ \ I \ I I \ I \ I \ \ I \ \ \ ' ' ' \ \ \\\\I\' \ \ \ I \ \ \ I \ \ I '' I I I I I I l \ \ \ \ I \\ '' ' ' \ \ I '' '' \' \ ' '', I -----,~ I I I I I ~ I / / ' ' '' ' '' '' ! ' ' '/ '' '' I I/ /II ' '' ' ' I I I I I I I I ' '' '' ' II// I I I I I i I I, I 0 0 • I \ I ~ I / I I , I I I I I ,, I I ' I -I , I 1, , I , , L_ I , , I ,, , 'r I I ,, I / / / I ' / Page 18 !$#&&49& "%&#!&& & &&& #&&& $&" "& K~NAI I I I I I I Page 19 _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-13 A RESOLUTION RECOMMENDING THAT CITY PARK SUBDIVISION 2023 REPLAT PRELIMINARY PLAT ATTACHED HERETO BE APPROVED. PROPERTY ADDRESSES: 320 and 330 S. Spruce Street LEGAL DESCRIPTIONS: Tract A, Park View Subdivision (Plat No. KN 79-156) and Tract A, City Park Subdivision No. 2 (Plat No. KN 2007-149) KPB PARCEL NUMBERS: 04701018, -28 WHEREAS, the City of Kenai received a preliminary plat from McLane Consulting, Inc. on behalf of the property owner, Boys & Girls Club of the Kenai Peninsula; and, WHEREAS, the plat meets Kenai Municipal Code (KMC) preliminary plat requirements and development requirements for the Suburban Residential (RS) and Urban Residential (RU) zoning districts; and WHEREAS, the street name is referenced correctly; and, WHEREAS, the merged parcels will have access via S. Spruce Street, which is a City-maintained road; and WHEREAS, City water and sewer lines are available to the proposed parcel; and, WHEREAS, an installation agreement is not required; and, WHEREAS, the Planning and Zoning Commission recommends City Council approve the vacation of Char Circle and exclude the portion of S. Spruce Street; and, WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision design standards, the plat conforms to the minimum street widths, easements are sufficiently provided for utilities, the proposed subdivision would provide satisfactory and desirable building site, and the on-site water and sewer system will be subject to the regulatory requirements of the Public Works Department. 2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the proposed parcel meet City standards for minimum lot sizes in the subject zoning districts. X K~NAI Page 21 Resolution No. PZ2023-13 Page 2 of 2 3. Pursuant to KMC 14.24.020 General Requirements, the proposed parcel meet City standards for minimum lot width and utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of City Park Subdivision 2023 Replat for a parcel merger of Tract A, City Park Subdivision No. 2 and Tract A, Park View Subdivision with right-of-way vacation of Char Circle be approved subject to the following condition. 1. Kenai City Council must consent to the vacation of a City right-of-way is not needed for a public purpose and approve the vacation of Char Circle and exclude the portion of S. Spruce Street. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 26th day of July, 2023. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ Meghan Thibodeau, Deputy City Clerk Page 22 KENAI CITY COUNCIL – REGULAR MEETING JULY 5, 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 7 July 5, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on July 5, 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 James Baisden, Vice Mayor Teea Winger (remote participation) Alex Douthit Victoria Askin Henry Knackstedt A quorum was present. Absent: Deborah Sounart Also in attendance were: Terry Eubank, City Manager Linda Mitchell, Planning Director Dave Ross, Police Chief Shellie Saner, City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the Packet: Add item E. 4. Public Hearing – Ordinance No. 3363-2023 • Amendment Memo MOTION: Council Member Knackstedt MOVED to approve the agenda and consent agenda with the requested revisions. Council Member Askin SECONDED the motion. The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment on consent agenda items; 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. Page 25 City of Kenai Council Meeting Page 2 of 7 July 5, 2023 B. SCHEDULED ADMINISTRATIVE REPORTS - None. C. SCHEDULED PUBLIC COMMENTS 1. Kenai Peninsula Economic Development District Quarterly Update, Tim Dillon, Executive Director. Tim Dillon, Executive Director of the Kenai Peninsula Economic Development District addressed the Council regarding current projects underway; identified that workforce challenges were related to housing, transportation and childcare; noted that he would be stepping down as the Director in December and Caitlin Coreson would be taking the position; and work was underway on a new website that will include a section on workforce. 2. Cook Inlet Regional Citizens Advisory Council (CIRCAC), Three-Year Recertification, John Williams, Vice President of CIRCAC. CIRCAC Vice President John Williams and Director of Communications Shaylon Cochran addressed the Council regarding the Three-Year Recertification process, provided a summary of how CIRCAC came about after the Exon Valdez spill; listed the programs that CIRCAC managed; and thanked the City for their continued support. D. UNSCHEDULED PUBLIC COMMENTS Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center provided an update to Council regarding the Annual Chamber Fundraiser and the Fourth of July Parade, noting the increased number of participants; she reported that the Chamber had now taken over management of the ilovekenai and the Silver Salmon Derby websites and social media accounts. E. PUBLIC HEARINGS 1. Ordinance No. 3360-2023 - Accepting and Appropriating a Grant Received through Maddie’s Fund to the Kenai Animal Shelter for the Care of Animals. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3360-2023. Council Member Askin 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. VOTE: YEA: Douthit, Baisden, Askin, Gabriel, Winger, Knackstedt NAY: None ABSENT: Sounart MOTION PASSED. 2. Ordinance No. 3361-2023 - Accepting and Appropriating Fiscal Year 2023 Funds from the 2022 Community Assistance Program, Passed through the State of Alaska, Department of Commerce, Community, and Economic Development for National Floodplain Insurance Program Training. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3361-2023. Council Member Askin 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. Page 26 City of Kenai Council Meeting Page 3 of 7 July 5, 2023 Appreciation was stated for the Grant Opportunity and for Planning Director Mitchell attending the training. VOTE: YEA: Baisden, Askin, Gabriel, Winger, Knackstedt, Douthit NAY: None ABSENT: Sounart MOTION PASSED. 3. Ordinance No. 3362-2023 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital Project Funds to Provide Supplemental Funding for the Kenai Municipal Airport’s Sand Storage Facility Project and Authorizing a Contract Amendment for Professional Services. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3362-2023. Council Member Douthit 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. It was reported that the Sand Storage Project was awarded during the COVID Pandemic and as a result there had been difficulties obtaining a metal building; the project was back on track and eligible for a possible 100 percent reimbursement from the Federal Aviation Administration. VOTE: YEA: Askin, Gabriel, Winger, Knackstedt, Douthit, Baisden NAY: None ABSENT: Sounart MOTION PASSED. 4. Ordinance No. 3363-2023 - Amending Kenai Municipal Code Sections 14.20.330 - Standards for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table, to Establish a Minimum Standard for Public Notification for Commercial Marijuana Establishments and Prohibit Limited Marijuana Cultivation Facilities in Residential Zoning Districts. (Douthit and Baisden) MOTION: Vice Mayor Baisden MOVED to enact Ordinance No. 3363-2023. Council Member Douthit 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. It was reported this was brought forward to address concerns voiced by members of the public regarding not being noticed; previously there were two cultivation facilities in residential districts, one of which was now closed and the one remaining would be grandfathered in. There was discussion regarding noticing a number of properties vs. a number of property owners; and the Kenai Peninsula Borough (KPB) provided the property ownership details used for noticing MOTION TO AMEND: Council Member Knackstedt moved to amend Ordinance 3363-2023 as follows: Section, 1 paragraph c, to delete the proposed new sentence, “[THE NOTICE AREA WILL BE EXPANDED UNTIL A MINIMUM OF THIRTY (30) DIFFERENT PROPERTY OWNERS ARE AVAILABLE FOR NOTIFICATION.]”; and to insert a new sentence to read, “The notice periphery will be expanded until a minimum of thirty (30) properties are available for notification.” Page 27 City of Kenai Council Meeting Page 4 of 7 July 5, 2023 Vice Mayor Baisden SECONDED the motion. There was discussion regarding how the data from KPB captured property ownership; which method would provide the most noticing; and the difficulty level of notifying by property vs. by ownership. [Clerk’s Note: The motion to amend was withdrawn with consent of the second.(KMC 1.15.060(g)] MOTION TO AMEND: Council Member Knackstedt moved to amend Ordinance 3363-2023 as follows: Section 1, paragraph c, final sentence to read, “The notice [AREA] periphery will be expanded until a minimum of thirty (30) different property owners are available for notification.” Council Member Douthit SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: Motion to amend APPROVED; without objection. MOTION: Vice Mayor Baisden moved to amend Ordinance 3363-2023 as follows: Insert a new sixth Whereas clause to read, “at its meeting on June 28, 2023, the Planning and Zoning Commission recommended the City Council enact this Ordinance.” UNANIMOUS CONSENT was requested on the motion to amend. VOTE: Motion to amend APPROVED; without objection. VOTE MAIN MOTION AS AMENDED: YEA: Gabriel, Winger, Knackstedt, Douthit, Baisden, Askin NAY: None ABSENT: Sounart MAIN MOTION AS AMENDED PASSED. F. MINUTES 1. *Regular Meeting of June 21, 2023. (City Clerk) 2. *Special Meeting of June 21, 2023. (City Clerk) G. UNFINISHED BUSINESS - None. H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) Approved by the consent agenda. 3. *Action/Approval - Special Use Permit to Kenai Chamber of Commerce and Visitor Center for the Use and Operation of the Moosemeat John Cabin. (Administration) Approved by the consent agenda. 4. *Action/Approval - Non-Objection to the Renewal of an Outdoor Recreation Lodge Liquor License for The Cannery Lodge, LLC, DBA The Cannery Lodge - License No. 5369 (City Clerk) Approved by the consent agenda. Page 28 City of Kenai Council Meeting Page 5 of 7 July 5, 2023 5. *Action/Approval - Non-Objection to the Renewal of a Package Store Liquor License for Three Bears Alaska, Inc, DBA Three Bears - License No. 4118 (City Clerk) Approved by the consent agenda. 6. Discussion/Action - Radio Advertising. (Douthit) There was discussion regarding utilizing radio to advertise for big meetings to get more public participation; justification for spending the funds for items like the Dip Net Fishery, ATV’s on the streets and upcoming events like the Silver Salmon Derby; Public Service Announcements (PSA) on road construction projects; and generally, there were no fees for PSA’s. It was reported that the administration had the ability to do advertising for projects and events provided adequate funding was available; that State Statues requires meeting noticing to be done in a consistent manner and advertising only certain meetings or agenda items may be a liability to the City. There was general consensus that the City Manager and City Clerk review the subject to determine the possible use for radio advertising and bring the information back to the Council. I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging No report, next meeting July 13, 2023 2. Airport Commission No report, next meeting July 13, 2023 3. Harbor Commission No report, next meeting August 7, 2023 4. Parks and Recreation Commission No report, next meeting August 3, 2023 5. Planning and Zoning Commission Council Member Douthit reported on the June 28, 2023 meeting, next meeting July 12, 2023. 6. Beautification Committee No report, next meeting September 12, 2023. J. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Promoting the King of the River Food Drive in support of Kenai on KSRM’s Sound Off. • Running the Barbeque at the Free Oilers night with Borough Mayor Peter Micciche, Senator Bjorkman, Representative Ruffridge, and Soldotna Vice Mayor Lisa Parker. • Participating in the Fourth of July Parade, and noted his appreciation for there being over 80 parade entries. K. ADMINISTRATION REPORTS 1. City Manager – City Manager Eubank reported on the following: • The City was now operating in the new Fiscal Year. • City Crews were preparing for the Persona Use Fishery. • Meeting with Representative Murkowski’s staff. Page 29 City of Kenai Council Meeting Page 6 of 7 July 5, 2023 • A bluff stabilization meeting schedule for July 11, 2023 with the new District Commander of the Army Corps of Engineers, Col. Jeffrey S. Palazzini. • That David Swarner accepted the position of Finance Director and would begin on August 2, 2023. • Currently recruiting for an Airport Manager. 2. City Attorney - No report. 3. City Clerk - No report. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) - None. 2. Council Comments Council Member Winger thanked everyone for the great discussion. Council Member Douthit noted his appreciation that everyone had a great time at the parade; and he thought the chamber fundraiser had a good turnout. Council Member Askin noted she had a lucky streak over the last two weeks winning a couple of items; and that she enjoyed participating as a Judge for the parade. Vice Mayor Baisden thanked Planning Director Mitchell and City Manager Eubank for the work on Ordinance 3363-2023; thanked Council Member Douthit for filling in for him at the Planning and Zoning meeting as he was on the East Coast watching his son Samuel being inducted into the Naval Academy; he encouraged everyone to read the letter to the Editor his wife submitted to the Peninsula Clarion. Council Member Knackstedt noted he was happy with the outcome of Ordinance 3363-2023 noting it involves a large area of the City; congratulated Vice Mayor Baisden; and said he enjoyed participating as a judge for the parade. M. EXECUTIVE SESSION 1. Review and Discussion of the City Manager's Evaluation Which May be a Subject that Tends to Prejudice the Reputation and Character of the City Manager. [AS 44.62.310(C)(2)]. MOTION: Council Member Knackstedt MOVED to enter into executive session to review and discuss evaluation of the City Manager which may be a subject that tends to prejudice the reputation and character of the City Manager. [AS 44.62.30(C)(2)]. Mr. Eubank elected to have the discussion regarding his evaluation take place in executive session. The executive session will include Mayor Gabriel, City Council Members and City Manager Eubank. Vice Mayor Baisden SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED; without objection. MOTION: Council Member Knackstedt MOVED to reconvene into regular session. Vice Mayor Baisden SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED; without objection. Page 30 City of Kenai Council Meeting Page 7 of 7 July 5, 2023 [Clerk’s Note: The Council entered into executive session at 7:49 p.m. and reconvened into regular session at 8:10 p.m.] Council reconvened in open session and reported that the Council met in executive session to review and discuss the with the City Manager his evaluation. N. PENDING ITEMS - None O. ADJOURNMENT P. INFORMATIONAL ITEMS 1. Mayoral Letter of Support for CIRCAC's Recertification. There being no further business before the Council, the meeting was adjourned at 8:10 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of July 5, 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 31 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: AUGUST 2, 2023 VENDOR PERS HOMER ELECTRIC PREMERA REBORN AGAIN JANITORIAL INVESTMENTS VENDOR DESCRIPTION PERS ELECTRIC USAGE JUNE, JULY PREMIUMS JUNE SERVICES DESCRIPTION DEPARTMENT VARIOUS VARIOUS VARIOUS AIRPORT MATURITY DATE ACCOUNT AMOUNT LIABILITY 108,759.80 UTILITIES 104,707.22 INSURANCE 399,756.15 REPAIR & MAINTENANCE 4,231.35 AMOUNT Effect. Int. Page 32 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: July 21, 2023 SUBJECT: Action/Approval - Consent to Assignment and Assignment and Assumption of Lease Agreement, of Lot 5, Block 1, Gusty Subdivision Addition No. 1 Amended to Braden Ellis Branden Ellis has submitted an application and application fee for an Assignment and Assumption of Lease Agreement from Forever Business Plaza LLC, Assignor to Braden Ellis, Assignee. The applicant notes that no new improvements or a change in the existing use under the lease are proposed. Any changes in use would require a lease amendment. The applicant intends to use any remaining space to add more business tenants. A map of the parcel is attached to this memorandum. The original Lease of Airport Lands was executed by the City of Kenai, Lessor, and Patrick J. Doyle and Mary J. Doyle, Lessee, on November 16, 1983, for Lot 5, Block 1, Gusty Subdivision and recorded on December 12, 1983, in Book 225 at Pages 376-394. The subject Lease was initially issued for a car wash and amended to “Car Wash and Gas Pumps.” The term of the lease is for 99 years, expiring on June 30, 2082. The lease has been assigned over the years, and the more recent Assignment and Assumption of Lease from JoAnn Doyle, individually and as surviving spouse of Don Moffis to Forever Business Plaza LLC was executed on April 29, 2022.The Lessee is in compliance with the terms and conditions of the lease. Section D, paragraph 3 of the Lease of Airport Lands stipulates that “Lessee with City’s written consent, which will not be unreasonably denied, may assign for other than collateral purposes, in whole or in part, its rights as lessee hereunder.” If City Council approves the Consent to Assignment and Assumption of Lease Agreement, the City Manager will be authorized to sign the Consent to Assignment and the Assignment of Lease may be executed by the parties. Thank you for your consideration. Attachments Application for Lease Assignment Map of 11568 Kenai Spur Highway Draft Consent to Assignment and Assignment and Assumption of Lease Agreement City of Kenai I 210 ~idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 33 Consent to Assignment of Lease – Lot 5, Block 1, Gusty Subd. Addition No. 1, Amended Page 1 of 2 CITY OF KENAI CONSENT TO ASSIGNMENT The Assignment of that certain Lease of Airport Lands entered into on November 16, 1983, and recorded in Book 225 at Page 376 - 394, on December 12, 1983, in the Kenai Recording District, from FOREVER BUSINESS PLAZA, LLC whose address is 37190 Aspenwood Court, Soldotna, AK 99669, to BRADEN ELLIS, whose address is 46806 Lake Street, Kenai, AK 99611, covering the following-described property: Lot 5, Block 1, GUSTY SUBDIVISION ADDITION NO. 1, AMENDED, according to the official plat thereof, filed under Plat No. 84-183, in the records of the Kenai Recording District, Third Judicial District, State of Alaska, is hereby ACKNOWLEDGED AND CONSENTED TO, subject to the same terms and conditions as contained in the above-described original Lease of Airport Lands, and any and all amendments thereto. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City's approval for any subsequent sublease or assignment. Dated this ____day of ______________, 2023. ______________________________ Terry Eubank City Manager Page 37 Consent to Assignment of Lease – Lot 5, Block 1, Gusty Subd. Addition No. 1, Amended Page 2 of 2 ACKNOWLEDGEMENT STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ______ day of _____________, 2023, Terry Eubank, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. _____________________________ Notary Public for Alaska My Commission Expires: _________ Approved as to form: _____________________________ Scott Bloom, City Attorney After Recording, Return to: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Page 38 Assignment of Lease – Lot 5, Block 1, Gusty Subdivision Addition No. 1 Amended Page 1 of 2 ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT Forever Business Plaza, LLC (hereinafter called "Lessee/Assignor"), whose address is 37190 Aspenwood Court, Soldotna, Alaska 99669, and who is Lessee under that Assignment and Assumption of Lease Agreement dated April 26, 2022, assigns all of its respective rights, title, and interests in the Lease to Braden Ellis, (hereinafter called "Lessee/Assignee"), whose address is 46806 Lake Street, Kenai, AK 99611, subject to all the conditions and terms contained in the Lease. The Lease covers property located in the City of Kenai described as: Lot 5, Block 1, Gusty Subdivision Addition No. 1 Amended, according to the official plat thereof, filed under Plat No. 84-183, filed in the Kenai Recording District, Third Judicial District, State of Alaska. The Lease of Airport Lands was entered into on November 16, 1983, and is recorded in Book 225 at Page 376-394, on December 12, 1983, in the Kenai Recording District. The Assignment of Lease from the original grantee to Don Moffis and Joann Doyle is recorded in the Kenai Recording District at Serial No. 2019-004987-0. The Assignment and Assumption of Lease to Forever Business Plaza, LLC is recorded in the Kenai Recording District at Serial No. 2022-003551-0. Assignee hereby assumes and agrees to perform all duties and obligations required of Lessee by the Lease and to pay all outstanding liabilities and outstanding obligations that may be due and owing, or may have been due and owing, prior to the effective date of this Assignment and Assumption of Lease Agreement. This Assignment and Assumption of Lease shall be governed by and construed in accordance with the laws of the State of Alaska. ASSIGNOR: FOREVER BUSINESS PLAZA, LLC By: _________________________ Aaron Swanson FOREVER BUSINESS PLAZA, LLC Page 39 Assignment of Lease – Lot 5, Block 1, Gusty Subdivision Addition No. 1 Amended Page 2 of 2 ASSIGNEE: BRADEN ELLIS By: _________________________ Braden Ellis State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this ____ day of ________, 2023, by, ____________________________, (Name), ________________(Title) of FOREVER BUSINESS PLAZA, LLC, an Alaska Limited Liability Company, on behalf of the company. ____________________________ Notary Public of Alaska My Commission Expires: _______ State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this ____ day of ________, 2023, by, ____________________________, (Name), _____________________(Title). ____________________________ Notary Public of Alaska My Commission Expires: _______ - Page 40 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3365-2023 AN ORDINANCE INCREASING ESTIMATED FY2023 REVENUES AND APPROPRIATIONS IN THE GENERAL FUND – POLICE DEPARTMENT AND ACCEPTING A GRANT FROM THE ALASKA HIGH INTENSITY DRUG TRAFFICKING AREA FOR DRUG INVESTIGATION OVERTIME EXPENDITURES. WHEREAS, the Kenai Police Department assists the regional drug task force on initiatives with funding availability through the Alaska High Intensity Drug Traffic Area (AK HIDTA), which is funded through a Federal Government Appropriation; and, WHEREAS, funding through AK HIDTA is available to reimburse certain overtime expenditures for the Kenai Police Officers that assist the regional drug task force or directly participate in the task force on those HIDTA initiatives; and, WHEREAS, the overtime expense that was eligible for reimbursement from April of 2023 through the end of June, 2023 was $3,645.01; and, WHEREAS, overtime for these additional expenditures for drug investigations were not budgeted and the Department is requesting appropriation into the FY23 overtime budget equal to the amount of the AK HIDTA funding. 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 from the AK HIDTA in the amount of $3645.01 and to expend those funds to fulfill the purpose and intent of this ordinance Section 2. That the fiscal year 2023 estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Federal Grants – Police $3.645.01 Increase Appropriations – Police Department - Overtime $3,645.01 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 16TH DAY OF AUGUST, 2023. ~ K(;NAI Page 41 Ordinance No. 3365-2023 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: August 2, 2023 Enacted: August 16, 2023 Effective: August 16, 2023 Page 42 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: David Ross – Police Chief DATE: July 12, 2023 SUBJECT: Ordinance No. 3365-2023, Accepting HIDTA Grant Funds The Kenai Police Department participates in the regional drug task force. Between April of 2023 and June of 2023 certain overtime worked in conjunction with the regional drug task force was eligible for reimbursement through the Alaska High Intensity Drug Trafficking Area (AK HIDTA), which receives its funding through Federal appropriation. The Police Department requested reimbursement for $3,645.01 in overtime expenditures. I am respectfully requesting consideration of the ordinance accepting and appropriating the grant funds into the FY23 budget for the purpose they were intended. City of Kenai I 210 ~idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 43 Sponsored by: Knackstedt New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3366-2023 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND – PLANNING DEPARTMENT TO COMPLETE REZONING OF THE KENAI WATERFRONT AREA AS IDENTIFIED IN THE 2022 KENAI WATERFRONT REVITALIZATION ASSESSMENT. WHEREAS, in 2022 the City contracted with McKinley Research Group to complete the Kenai Waterfront Revitalization Assessment, a project to identify redevelopment strategies to maximize the potential of the waterfront study area, consider existing and potential land use and zoning, and determine the community’s vision for the area; and, WHEREAS, the Kenai Waterfront area is approximately 160-acres adjacent to Bridge Access Road south of Millennium Square and east of the Kenai Senior Center, including the Kenai City Dock; and, WHEREAS, the community’s vision for the area was summarized in the following points: 1. The public desires and supports new development but not at the expense of impacting the existing uses, primarily the seafood plants, and the ability to access the Kenai River and its many resources. 2. The public wants revitalization to be authentic, protective of the river and natural environment, be accessible year-round, and provide economic opportunities. 3. There is a need to protect and celebrate the area’s history, culture, and outstanding views of the river, surrounding landscape, wildlife, and volcanoes. 4. The phrase, “Build it for the locals, and the visitors will love it” is important in meeting these criteria; and, WHEREAS, community ideas for land uses in the area included: 1. Consensus on mixed land uses. 2. Low impact uses, such as recreation and water dependent uses, should be given priority. 3. Create a destination facility or “anchor tenant” such as a convention center, lodge, hotel, or other facility that meets local needs and draws visitors. 4. Support new businesses, such as restaurants, breweries, tackle shops, tour operators, and general commercial and retail. 5. Supports boardwalks, park and open space, campgrounds and recreation, as well as expands and improves river access and the needed support facilities. 6. Integrate existing seafood plants into the overall revitalization effort to meet the community’s desire to represent an authentic working waterfront; and, WHEREAS, property in the Waterfront area is currently zoned Heavy Industrial, which is not consistent with the community’s vision for a “Working Waterfront” area; and, WHEREAS, rezoning the area will help to guide development in the area in a manner that is consistent with the community’s vision and proposed land uses; and, WHEREAS, since completion of the assessment, development has increased in the area with the expansion of a camping facility, construction of a new camping facility, and groundbreaking for a new brewery, consistent with the community’s vision; and, ~ K(;NAI Page 44 Ordinance No. 3366-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, in order to ensure future development is consistent, rezoning is a priority; and, WHEREAS, due to staffing shortages in the Planning Department and the summer construction season, additional staffing is necessary to move forward with a project to rezone the waterfront area in a timely manner; and, WHEREAS, a temporary project employee will provide sufficient staffing to complete the project before the end of 2023 in preparation for future development in the 2024 construction season and beyond; and, WHEREAS, continuation of redevelopment strategies to maximize the potential of the Kenai waterfront area consistent with the community’s vision is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That estimated revenues and appropriations are increased as follows: General Fund: Increase estimated revenues - Appropriation of Fund Balance $13,750 Increase/Decrease expenditures – Planning Salaries $13,450 Medicare 200 Unemployment Insurance 70 Workers Compensation 30 $13,750 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 16TH DAY OF AUGUST, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced August 2, 2023 Enacted: August 16, 2023 Effective: August 16, 2023 Page 45 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Henry Knackstedt, Council Member DATE: July 21, 2023 SUBJECT: Ordinance 3366-2023 Waterfront Revitalization Property Rezone Supplemental Funding. In 2022 the City contracted with McKinley Research Group to complete the Kenai Waterfront Revitalization Assessment, a project to identify redevelopment strategies to maximize the potential of the waterfront study area, consider existing and potential land use and zoning, and facilitate work sessions to determine the community’s vision for the area. The Kenai Waterfront area is approximately 160 acres adjacent to Bridge Access Road south of Millennium Square, east of the Kenai Senior Center, and including the Kenai City Dock. A copy of the assessment’s final report is available at: https://www.kenai.city/sites/default/files/fileattachments/city_manager/page/14191/mckinley_res earch_group_kenai_waterfront_revitalization_final_report_8.23.2022.pdf. The process included community meetings and discussions about goals and developing the vision for revitalizing the area. The community’s vision for the area was summarized in the Kenai Waterfront Revitalization Assessment in the following points: 1. The public desires and supports new development but not at the expense of impacting the existing uses, primarily the seafood plants, and the ability to access the Kenai River and its many resources. 2. The public wants revitalization to be authentic, protective of the river and natural environment, be accessible year-round, and provide economic opportunities. 3. There is a need to protect and celebrate the area’s history, culture, and outstanding views of the river, surrounding landscape, wildlife, and volcanoes. 4. The phrase, “Build it for the locals, and the visitors will love it” is important in meeting these criteria. Community ideas for future land uses in the area included: 1. Consensus on mixed land uses 2. Limit development to low impact uses, such as recreation and water dependent uses, should be given priority 3. Create a destination facility or “anchor tenant” such as a convention center, lodge, hotel, or other facility that meets local needs and draws visitors City of Kenai I 210 ~idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 46 Page 2 of 2 4. Support new businesses, such as restaurants, breweries, tackle shops, tour operators, and general commercial and retail 5. Supports boardwalks, park and open space, campgrounds and recreation, as well as expands and improves river access and the needed support facilities 6. Integrate existing seafood plants into the overall revitalization effort to meet the community’s desire to represent an authentic working waterfront The summer of 2023 has seen renewed interest in the area with the expansion of camping at the Port of Kenai Facility, construction of a new camping facility, and groundbreaking on the City’s first brewery. Each of these uses is consistent with the community’s vision and proposed land uses. However, to ensure future development remains consistent, rezoning of the area is needed and appropriate. Ordinance 3366-2023 will provide sufficient funding to employ a temporary planner to assist with the rezoning process. Staffing shortages in the Planning Department have hindered its ability to move forward with a project to rezone the waterfront area. Completion of the rezone project in 2023 will ensure future development in the 2024 construction season and beyond are consistent with the community’s vision and proposed land uses. Your support for Ordinance 3366-2023 is respectfully requested. The City of Kenai I www.kenai.city Page 47 Waterfront Zoning District (Hybrid Form-Based Code Zoning and Comprehensive Plan Amendment) Project Approach/Methodology Below is an overview of the anticipated approach and methodology to achieving a successful waterfront zoning district. Task 1 – Background Assessment Task 1-A: Review existing conditions. Consult with the City, visit the targeted area identified in the Kenai Waterfront Revitalization Assessment to document any changes of existing conditions identified in the plan, and reassess the overall condition of key components. These components will include the following categories. • ENVIRONMENTAL IMPROVEMENT • Natural environment & ecological system • Energy efficiency • Water management • Storm water management • Waste management • Green neighborhood • Brownfield redevelopment • SOCIAL IMPACT • Site development • Transit oriented development • Public accessibility • Provision of basic amenities • Strong expression of culture & heritage • ECONOMIC IMPACT • Development of river based activities • Increase in real estate values • Development of existing economic activities on site • Improvement in tourist activities Task 1-B: Maintain regular meetings. An initial meeting will confirm goals and objectives of assignment and to set a schedule of weekly or bi-weekly meetings. ~ K(;NAI The Bes! Pl ace To ALAS KA Page 48 Task 2 – Inclusive Public Engagement Task 2-A: Assist with the design of outreach materials to attract diverse individuals for public engagement. Assist the City with developing a series of outreach materials that will effectively communicate the project’s purpose and engage and encourage public participation in the process. Task 2-B: Identify stakeholders for public engagement. The City recognizes the important role that community stakeholders play in the ongoing development of the community. Work with City’s staff to identify key stakeholders and will engage these entities to participate in and contribute to the process. Task 2-C: Determine best possible community engagement techniques to ensure equitable input. Develop and employ techniques that illicit input from the Kenai businesses, property owners, residents, and visitors. Task 2-D: Assist with facilitating information gathering; community meetings. Assist with information gathering and in organizing and facilitating meetings. Assist city staff with the process of data collection, both current and archival. Task 2-E: Compile the results of the community outreach work effort into the final plan report. The final plan will, in part, incorporate information gathered during community outreach, research and interviews. Task 3- Zoning Code and Comprehensive Plan Update and Drafts Task 3-A: Draft Zoning Code and Comprehensive Plan Amendments. Present proposed zoning and comprehensive plan amendments to the City officials and residents. Resubmit the DRAFT amendments showing any comments and feedback from the public meetings. Task 3-B: Review by Planning & Zoning Commission, City Council and Final Zoning Code and Comprehensive Plan Amendments. In partnership with city staff, present draft Zoning Code and Comprehensive Plan amendments to the Planning Commission, and then to the City Council for discussion. Task 4 – Additional Tasks In addition to the three (3) major tasks previously outlined, the following additional tasks may be needed: Task 6-A: Provide research and analysis as requested by the City. Task 6-B: Attend public meetings as needed. Task 6-C: Provide any other services as required to properly assist in administering the adoption of the zoning code and comprehensive plan amendments for the targeted area of the waterfront redevelopment. Page 49 Project Schedule Below is a tentative project milestone chart. Milestone Tentative Target Dates Planning & Zoning Commission Open House September 12, 2023 Planning & Zoning Commission Work Session September 27, 2023 Planning & Zoning Commission Public Hearing September 27, 2023 City Council – New Business (Introduction) September 4, 2023 City Council – Public Hearing October 19, 2023 Ordinance Enactment November 19, 2023 Borough Planning & Zoning Commission TBD Borough Assembly TBD Page 50 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3367-2023 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND – STREET DEPARTMENT FOR AWARD OF A CONTRACT TO REPLACE PUBLIC SIDEWALK AT 815 FRONTAGE ROAD. WHEREAS, the Public Works Department in coordination with the property owners at 815 Frontage Rd, Paradisos Restaurant, have identified several large sections of failing concrete public sidewalk along the entrance of the business; and, WHEREAS, a Proposal Quote Request (PQR) was released on June 30, 2023 with quotes due on July 14, 2023 to contract for the replacement of the damaged sidewalks, with the following quotes received; Contractor Quote Blazy Construction $34,942 Foster Construction N/A Peninsula Construction N/A Polar North Construction N/A Chumley’s Inc. N/A BMGC, LLC N/A and, WHEREAS, all of the Contractors above were contacted with Blazy Construction being the only respondent; and, WHEREAS, award to Blazy Construction is in the best interest of the City, with an anticipated completion date of the Work before September 14, 2023. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $34,942 Increase Appropriations – Street Department - Repair & Maintenance $34,942 ~ K(;NAI Page 51 Ordinance No. 3367-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Section 2. That the City Manager is authorized to execute a construction agreement and issue a purchase order to Blazy Construction in the amount of $34,942 for replacement of damaged sidewalks along frontage road. 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 16TH DAY OF AUGUST, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: August 2, 2023 Enacted: August 16, 2023 Effective: August 16, 2023 Page 52 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: July 26, 2023 SUBJECT: Ordinance 3367-2023 – Main Walk Replacement This project was brought to the department’s attention last year. With all the rain experienced last summer, contractors were so far behind on work that no one was interested in providing a bid. This season was similar, however we were able to get one contractor willing to take on the work. The public walk has continued to deteriorate in this area significantly with many sections displacing creating tripping hazards. This work is in coordination with the property owner who is assisting the department in preparation for the work. They are assisting with removal of planter and columns as example. Photo below is typical of current condition. Side walk area is approximately 64’ x 11.5’ in front of the building as well as an 18’ x 4’ section near driveway to parking area. Contractor intends to complete work this fall. Council’s approval is respectfully requested. City of Kenai I 210 ~idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 53 MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Council Members Mayor Gabriel Shellie Saner, City Clerk Terry Eubank, City Manager Scott Bloom, City Attorney July 25, 2023 City of Kenai Commissions, Committees and Council on Aging Review This memo requests Council direction to the Administration for development of tools and methods to clarify the roles and responsibilities for members of the City’s advisory boards, commissions, committees and Council on Aging (Commissions). Having clear defined roles and responsibilities will provide commission members guidance for the activities of their body and also reduce dissatisfaction from members when they feel the commission is not meeting their expectations. Purpose of Advisory Commissions. The role of each Advisory Commission is intended to bring experience, expertise and opinion to advise the City on various issues, policies and matters. Each Commission has a purpose that has been approved by the City Council, and each Commission should make recommendations that fulfill the purpose of their appointed role and advise the City on matters specifically related to their role as defined in code and policy. Advisory Roles. The responsibilities of serving in an advisory role includes developing short-term and long-term goals and making recommendations to the City. In an advisory capacity, the Commission acts as an important source of information on a variety of issues that affect the City, residents and visitors. Commission Development Tools. Each Commission should develop an annual work plan at the beginning of each year, the work plan would then be submitted to Council for approval. The work plan would guide the work of the Commission throughout the year. At the end of each year, the Commission would then submit a final report to the Council for review of their activities. Purpose of a Work Plan. 1.Documents that the work plan of the commission aligns with the assigned role, plans, policies and procedures of the City. 2.Ensures the Council and Administration is aware of the work intended for the Commission for the year ahead. Purpose of an Annual Report. 1.Highlights key accomplishments, identifies completed projects and outlines various activities of the last year. 2.Provides the opportunity for Council review of the commissions accomplishments and confirms that the work of the commission continues to align with their assigned role and work plan as approved by Council. )(? K~NAI City of Kenai I 210 ~idalgo Ave, Kenai , AK 99611 -7794 I 907.283.7535 I www.kenai.city Page 54 Page 2 of 2 Plan for Implementation. September / October 1. Develop an online survey to be sent to all current commission and City Council members. Survey questions to be developed in coordination with the Administration, Clerks Office and two volunteer Council Members. November 1. Distribute online survey to all current commission and City Council members. Thirty-day survey will close on November 30, 2023. December 1. Compile survey data, finalize summary report of five (5) years of action for each commission and prepare work session packets. January 1. Commission Work Sessions for each Commission with the following agenda outline. a. Review of the past five (5) years of Commission actions taken. b. Review Kenai Municipal Code applicable to the Commission. c. Review Council adopted policies applicable to the Commission. d. Develop any amendments to code or policy to be recommended for Council approval. 2. Immediately following the Commission Work Session, the Commission will meet in a Regular meeting to take formal action recommending Council approval of the proposed amendments to code and policy. 3. Regular Council Meeting discussion / action on recommendations from each Commission regarding code or policy. 4. Based on the final decision approved by Council, each individual Commission will meet again in a W ork Session to develop the following: a. Missions or Vision Statement for the Commission. b. Annual Work Plan. 5. Immediately following the Commission Work Session, the Commission will meet in a Regular meeting to take formal action recommending Council approval of the Mission or Vision Statement and Annual Work Plan. Note: Beginning the review process at the Commission level in January is recommended. This recommendation is based on the terms for Commission members, which is January 1 - December 31 and would allow work plans to be developed by the individual members who will be working on them. February - December 1. Commission meetings to conduct work as approved in the Work Plan. December 1. Prepare a final report to Council which identifies the highlights and accomplishments of the commission. The benefits to the proposed Commission Development Tools are: • Provides the Commission members an opportunity to have a deeper strategic conversation regarding their roles and expectations. • Ensures compliance with policy and code requirements and keeps the Commissions focus and goals based on the opinion of the majority of the Commission and approved by Council. • Avoids fragmenting responsibilities across multiple Commission and staff resources and/or identifies objectives that should be shared with other Commissions and staff resources. • Allows the Administration and Council the opportunity to monitor operational costs and staff resources. • Clearly identifies the Council expectations for Commissions and boosts Commission members engagement opportunities. Page 55 2024 - (Commission Name) COMMISSION ANNUAL WORK PLAN 2024 Annual Work Plan City of Kenai Commission Name INTRODUCTION This area should include the advisory body’s missions’ statement and include a brief description of the overall purpose of the commission. Note: Work plans developed by the advisory body will be submitted to the City Council for approval; therefore, it is a good idea to align the goals and objectives with city code, policy and the City of Kenai Comprehensive Plan. Instructions: In the space provided below, create a list of issues and goals (objectives) your commission would like to address in the upcoming year, your list should also include plans on how to address those issues. Each objective listed should include information regarding additional staff resources and/or community volunteers needed; funding resources, are funds available in the budget if not are you proposing council include funding in the upcoming budget cycle; and how long is it expected to obtain the objective. Pease prioritize the objectives of your group with number one (1) being the top priority. GOAL OR OBJECTIVE COLLABORATION FUNDING RESOURCES TIME TO COMPLETE Objective No. __________ Objective: _________________________________________________________________________________ Estimated Time to Complete: _____________________________ Strategy: (Provide a summary of tasks which need to be done to obtain the objective.) Narrative: (Describe the benefits to the residents and visitors of the City.) Collaboration: (Who needs to be involved to obtain the objective?) Funding: (Are funds available, or is funding needed in a future budget?) ~ K(;NAI Page 56 2024 - (Commission Name) COMMISSION ANNUAL REPORT 2024 Annual Report City of Kenai Commission Name SUMMARY OF REPORT Provide a brief description of the report, include overall guidance and direction that the commission gave the city in recommendations. MISSION STATEMENT Its not necessary; however, restating the mission statement of the board is a good reminder to the reader about the commissions purpose. HIGHLIGHTS •Provide a bullet point list of highlights. •Use broad descriptions including the problem and solution. •Be brief, do not provide details in the highlights. ACCOMPLISHMENTS Provide an Objection Title Detailed description of the accomplishment to include, but not limited to dates, locations, data collected, department and community support, and challenges faced. Provide an Objection Title Include a paragraph for all of the different projects and accomplishments, the highlight section of the report should guide the readers to here for more detail. EDUCATION AND OUTREACH This section should be used to detail how the accomplished item benefited the City, residents and visitors. Really emphasize community engagement with the item. ~ K(;NAI Page 57 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager Shellie Saner, City Clerk DATE: July 25, 2023 SUBJECT: Radio Advertising Information At the July 5, 2023 Council Meeting, the City Council discussed radio advertising, including the possibility of a radio advertisement campaign that could include advertisements for public meetings, public service announcements, information related to City projects such as hydrant flushing, road construction and maintenance or the Personal Use Fishery, and promotion of City events such as the Kenai River Marathon and Kenai Silver Salmon Derby. The attached quotes for radio advertisements were provided to the City Clerk from KSRM Radio Group and below is additional information for consideration: Public Meetings State law, AS 44.62.310(e), provides that notice may be given in print or broadcast media. Reasonable notice must include the date, time, and place of the meeting; and, if by teleconference, the location of any teleconferencing facilities, that it be done in the same way each time "consistent," and that it be posted at the principal office of the public entity or, if no principle office, at a location designated by the governing body. Notice requirements for work sessions and committee meetings should follow the same guidelines as those established in local ordinance for regular meetings. KMC 2.10.010 requires public hearings to be advertised in a newspaper of general circulation at least once prior to the holding of the public hearing, and notice must be posted on the City Council bulletin board. If the Council wishes to include radio advertisements for public meetings, it is recommended that notice requirements be established in Code to ensure compliance with State law. Public Service Announcements Public Service Announcements (PSAs), are generally short messages made for the good of the public. The City of Kenai utilizes PSAs and Press Releases for a variety of topics, including opening of the Spruce Bark Beetle Slash Disposal Site, New Interactive Online Municipal Cemetery Map, the Kenai Waterfront Revitalization Visioning, Bluff Stabilization Project, Voluntary Water Conservation Measures, City of Kenai CARES ACT Relief and City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 58 Page 2 of 2 Recovery Grants, and the Kenai Community Library Selection for National NASA@My Library STEAM Programming Initiative. Additional advertising funding would not be necessary but could support these types of announcements if needed and deemed appropriate. For example, the Public Works Department has purchased newspaper and radio advertising for hydrant flushing in the spring. Departments include advertising in their annual budget submissions and coordinate these efforts at the department level. Event Promotion The City currently has agreements with the Kenai Chamber of Commerce and Visitor Center that include event promotion, radio, print, and marketing for the Kenai Silver Salmon Derby as well as social media marketing and targeted advertising for City of Kenai events. Additional advertising funding is not necessary for event promotion at this time. The attached bulk advertising quotes show that the City could purchase 500 ads per year, or approximately 41 ads per month, per station (4 stations = 164 per month) at a cost of $10,800 annually or on two stations at a cost of $6,000 annually. Alternatively, the City could purchase 250 or about 20 ads per month, per station (4 stations = 80 ads per month) at a cost of $5,400. The City would need to provide content for these ads on a regular basis, including coordination between departments and the radio station. Based on the public notice requirements, current need for advertising, agreements with the Chamber for marketing and event promotion, current use of PSA’s, and the ability of departments to purchase advertising as needed, a City-wide advertising campaign is not needed at this time. However, if Council wishes to include radio advertisements for public meetings or authorizes supplemental funding for advertising, Administration will coordinate with the Clerk’s office and other departments as needed to support this initiative. Thank you for your consideration. Attachment The City of Kenai I www.kenai.city Page 59 Name __________________________________ Contact ____________________________________ Address ________________________________ Phone ________________Cell _________________ City _____________State_______Zip________ E-Mail ____________________________________ Beginning Run Date End Run Date Co-Op Date MO____ DAY____YEAR____MO____ DAY____YEAR____Yes ___ No ____MO____DAY____ YEAR____ Radio Time Order Length :30 :60 ___ Hour DAP TAP (6a-7p) (6a-12a) Time Specified ________ Live Read ____________ Quantity _____________ KSRM________KWHQ________ KKIS_________KSLD_________ KFSE_________KKNI_________ Rate ________________ Charges _____________ Sales Tax ___________ Agency _____________ Total Cost ___________ Consultant ___________ Client Signature:______________________________ The above signee agrees to the terms and conditions of this contract. *Please see reverse for KSRM 5DGLR*URXSInc. Terms and Conditions Type of Buy: __________________________________ Special Instructions: ____________________________ _____________________________________________ BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB KSRM 5DGLR*URXSInc. 40960 K-Beach Road, Kenai, Alaska 99611 Office: (907) 283-8700 –Fax: (907) 283-9177 www.radiokenai.com –General Email: info@radiokenai.com Sunday Monday Tuesday Wednesday Thursday Friday Saturday &DUW $0 )0 )0 )0 $0 )0 City of Kenai Shellie Saner 210 Fidalgo ave kenai ak 99611 ssaner@kenai.city 7 23 7 24 7 6 23 250 ads $5,400.00 Tax Exempt $5,400.00 Britney Baier Annual Bulk Buy 250 ads to spread out for the year 250 ads per station for 1000 ads total per year II II ~-□- lg] lg] lg] □ lg] □ Page 60 Name __________________________________ Contact ____________________________________ Address ________________________________ Phone ________________Cell _________________ City _____________State_______Zip________ E-Mail ____________________________________ Beginning Run Date End Run Date Co-Op Date MO____ DAY____YEAR____MO____ DAY____YEAR____Yes ___ No ____MO____DAY____ YEAR____ Radio Time Order Length :30 :60 ___ Hour DAP TAP (6a-7p) (6a-12a) Time Specified ________ Live Read ____________ Quantity _____________ KSRM________KWHQ________ KKIS_________KSLD_________ KFSE_________KKNI_________ Rate ________________ Charges _____________ Sales Tax ___________ Agency _____________ Total Cost ___________ Consultant ___________ Client Signature:______________________________ The above signee agrees to the terms and conditions of this contract. *Please see reverse for KSRM 5DGLR*URXSInc. Terms and Conditions Type of Buy: __________________________________ Special Instructions: ____________________________ _____________________________________________ BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB KSRM 5DGLR*URXSInc. 40960 K-Beach Road, Kenai, Alaska 99611 Office: (907) 283-8700 –Fax: (907) 283-9177 www.radiokenai.com –General Email: info@radiokenai.com Sunday Monday Tuesday Wednesday Thursday Friday Saturday &DUW $0 )0 )0 )0 $0 )0 City of Kenai Shellie Saner 210 Fidalgo ave kenai ak 99611 ssaner@kenai.city 7 23 7 24 7 6 23 500 ads $6,000.00 Tax Exempt $6,000.00 Britney Baier Annual Bulk Buy 500 ads for the year 500 ads per station for 1000 ads total per year II II ~-□- lg] lg] □ □ □ □ Page 61 Name __________________________________ Contact ____________________________________ Address ________________________________ Phone ________________Cell _________________ City _____________State_______Zip________ E-Mail ____________________________________ Beginning Run Date End Run Date Co-Op Date MO____ DAY____YEAR____MO____ DAY____YEAR____Yes ___ No ____MO____DAY____ YEAR____ Radio Time Order Length :30 :60 ___ Hour DAP TAP (6a-7p) (6a-12a) Time Specified ________ Live Read ____________ Quantity _____________ KSRM________KWHQ________ KKIS_________KSLD_________ KFSE_________KKNI_________ Rate ________________ Charges _____________ Sales Tax ___________ Agency _____________ Total Cost ___________ Consultant ___________ Client Signature:______________________________ The above signee agrees to the terms and conditions of this contract. *Please see reverse for KSRM 5DGLR*URXSInc. Terms and Conditions Type of Buy: __________________________________ Special Instructions: ____________________________ _____________________________________________ BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB KSRM 5DGLR*URXSInc. 40960 K-Beach Road, Kenai, Alaska 99611 Office: (907) 283-8700 –Fax: (907) 283-9177 www.radiokenai.com –General Email: info@radiokenai.com Sunday Monday Tuesday Wednesday Thursday Friday Saturday &DUW $0 )0 )0 )0 $0 )0 City of Kenai Shelly 210 Fidalgo av kenai ak 99611 ssaner@kenai.city 7 23 7 24 7 6 23 500 ads $10,800.00 Tax Exempt $10,800.00 Britney Baier Annual Bulk Buy 500 ads to spread out for the year 500 ads per station for 2000 ads total per year II II ~-□- lg] lg] lg] □ lg] □ Page 62 *KSRM 5DGLR*URXSInc. Terms and Conditions The program or announcement shall be of a quality and rendered and broadcast in a manner satisfactory to KSRM 5DGLR*URXSInc. All advertising copy shall be subject to approval of .6505DGLR*URXS,QF The Advertiser agrees to comply with all Federal, State, Borough and City regulations, restrictions, and laws covering the use of broadcasting stations operating under the authority of the Federal Communications Commission. All announcements and programs offered or contracted for are subject to change and must yield to change and must yield to programs at the discretion of .6505DGLR*URXS,QF The station is not liable for damages should the station, because of emergencies, necessity, legal restrictions or the intervention of the Federal, State, Borough or City authorizes or for any other reason beyond reasonable control of the station, be unable to advertise any of the advertiser's program or announcements at the time or times specified. This service is not subject to assignment. No time may be resold. The station reserves the right to cancel this contract at any time, upon written notice. Unless otherwise agreed to in writing, advertiser, by giving the station two weeks’ notice in writing may terminate this contract. Upon cancellation 30% of the contract will be charged upon cancellation. If it becomes necessary to institute suit for the collection of any monies due, or to become due, under this contract, or to enforce any of the provisions herein, the advertiser agrees to pay the station a reasonable attorney's fee (the minimum being $50.00) and the cost of this suit as the plaintiff. The advertiser will save .6505DGLR*URXS,QF harmless against all liability for libel or slander by reason of broadcasting announcement or written copy furnished by the advertiser. If the advertiser does terminate the contract, advertiser will pay for 100% of the announcements for all services previously aired. If the advertiser does terminate this agreement, and promotional materials were supplied to the advertiser for a specific promotion, indicated on this contract, advertiser will be liable for billing up to the date of termination, regardless of the number of announcements aired. Unless otherwise agreed in writing all amounts due shall be paid on or before the 15th day of the month indicated, and the client agrees to pay a service charge of 1.5% per month (18% annually) on any past due amounts. In accordance with Paragraphs 49 and 50 of United States Federal Communications Commission Report and Order No. FCC 07-217,.6505DGLR*URXS,QF will not discriminate in any contract for advertising on the basis of race or ethnicity, and all such contracts will be evaluated, accepted, negotiated and completed without regard to race or ethnicity. Contract includes one (1) hour of studio recording time. Additional time may be purchased at a rate of $75.00 per hour, with a one (1) minimum.KSRM !l20am KSLD ll40am KKNI KKIS 105.31111 96.51111 Page 63 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING A. CALL TO ORDER JULY 12, 2023 -7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JEFF TWAIT, PRESIDING MINUTES A Regular Meeting of the Kenai Planning & Zoning Commission was held on July 12, 2023, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Jeff Twait, Chair Gary Greenberg John Coston Joe Halstead, Vice Chair Diane Fikes (electronic participation) Gwen Woodard A quorum was present. Absent: Jim Glendening Also in attendance were: Linda Mitchell, Planning Director Meghan Thibodeau, Deputy City Clerk 3. Approval of Agenda and Consent Agenda MOTION: Vice Chair Halstead MOVED to approve the agenda and consent agenda. The items on the Consent Agenda were read into the record. Chair Twait opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. *All items listed with an asterisk(*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of June 28, 2023 Approved by the consent agenda. Planning & Zoning Commission Meeting July 12, 2023 Page 1 of 3 Page 64 C. SCHEDULED PUBLIC COMMENTS -None. D. UNSCHEDULED PUBLIC COMMENTS -None. E. CONSIDERATION OF PLATS 1. Resolution PZ2023-12 -Recommending Approval for Preliminary Plat -Oberts Silver Salmon Subdivision to Subdivide a Parcel into Two (2) Lots Located at 4805 Silver Salmon Drive (Parcel ID: 04937013) in the Rural Residential (RR) Zoning District. MOTION: Vice Chair Halstead MOVED to approve Resolution PZ2023-12. Commissioner Coston SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet. Zoning and uses of surrounding lots were reviewed; staff recommended approval subject to the following conditions: 1. Revised Note 2 on the Preliminary Plat to "DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS". 2. Place the following note on the plat: "WHEN AN IMPROVEMENT DISTRICT IS FORMED, THE REAL PROPERTY OWNER INVOLVED WILL BE PART OF THE IMPROVEMENT DISTRICT WITHOUT FURTHER ACTION BY THE THEN OWNER OF THE PROPERTY IN QUESTION." 3. Show and label any areas within the flood zone and floodway with the base flood elevations (BFEs) found on the FEMA Flood Insurance Rate Map (FIRM) Panel 0200122045C, effective on December 6, 1999 on the plat. 4. Place the following note on the plat: "PRIOR TO DEVELOPMENT, CONTACT THE CITY OF KENAI FLOODPLAIN ADMINISTRATOR FOR CURRENT INFORMATION AND REGULATIONS. DEVELOPMENT MUST COMPLY WITH CHAPTER 14.30 OF KENAI MUNICIPAL CODE." VOTE: YEA: Coston, Woodard, Greenberg, Halstead, Twait NAY: None [Clerk's note: Due to technical issues, Commissioner Fikes was unable to cast a vote.] MOTION PASSED WITHOUT OBJECTION. F. PUBLIC HEARINGS -None. G. UNFINISHED BUSINESS -None. H. NEW BUSINESS 1. *Action/Approval -Requesting an Excused Absence for the June 28, 2023 Regular Meeting -Greenberg. Approved by the consent agenda. I. REPORTS 1. City Council -Vice Mayor Baisden reported on the actions of the July 5, 2023 City Council meeting. 2. Kenai Peninsula Borough Planning -No report. 3. City Administration -Planning Director Mitchell reported on the following: • A plat that was originally on tonight's agenda was pushed to the next meeting. Planning & Zoning Commission Meeting July 12, 2023 Page 2 of 3 Page 65 • Intends to propose a code amendment which allow some plats to be approved at an administrative level. • Last chance for commissioners to sign up to attend the American Planning Association Conference in Anchorage on September 20-22, 2023. • Planning Administrative Assistant job vacancies; two part-time positions. J. ADDITIONAL PUBLIC COMMENT -None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: July 26, 2023 L. COMMISSION COMMENTS AND QUESTIONS M. PENDING ITEMS -None. N. ADJOURNMENT 0. INFORMATIONAL ITEMS -None. There being no further business before the Commission, the meeting was adjourned at 7: 13 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of July 12,:;qttz Meghan Thibodeau Deputy City Clerk Planning & Zoning Commission Meeting July 12, 2023 Page 3 of 3 Page 66 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Eland Conway, Airport Manager DATE: July 24, 2023 SUBJECT: Kenai Municipal Airport (ENA) Mid-Month Report Enplanements Enplanements were down 15.7% in the month of June. Grant Aviation lead June with 2,740 enplanements. Parking Revenue Parking revenues were down 30% in June. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city ENA Monthly Enplanements 2021 2022 2023 11,000 PAX Enplanements PAX Enplanements % 8 PAX Enplanements % /1 Jan 3,389 4,646 A 37.1% 5,430 A 16.9% 10,000 Feb 3,112 4,695 -6 50.9% 4,939 L::::,,. 5. 9,000 Mar 4,127 5,349 _... 29.6% 5,501 = . 8,000 i 7,000 -2021 Apr 4,035 5,150 6 27.6% 4,836 ..,. May 4 ,464 5,621 A 25.9% Jun 5,953 6,760 L::::,,. 13.6% ~ 6,000 g- -2022 -2023 Jul 9,259 8,896 T -3.9% Aug 10,035 8,274 T -17.5% w 5,000 Sep 6,500 6,800 _... 4.6% 4,000 Oct 5,596 5,941 6 6.2% Nov 5 ,803 5,730 = -1.3% 3,000 Dec 5,571 5,603 0.6% 2,000 Total 67,844 73,465 • 8 3% 31,994 Jan Fe b Mar Apr May Jun Jul Aug Sep Oct Nov Dec ENA Parking Revenue 2021 2022 2023 Parking Parking % h. Parking % h. Jan 6,626 13,448 & 103% 16,845 & Feb 8,373 15,338 6 83% aooo Mar 11,315 16,933 A 50% Apr 11,757 20,480 6 74% .,, 16.000 May 15,309 14,75 7 ..,. -4% ! I a: 11.000 -2021P<ll'l<in,: -2022•Pa,rking -1013.p.,rt,;ng Jun 14,236 21,179 ,<Q,. 49% Jul 16,295 22,136 & 36% Aug 14,924 18,708 6 25% Se p 14,714 16,046 & 9% 6000 Oct 16,723 18,737 L,,. 12% Nov 18,410 19,176 & 4% Dec 20,719 19,272 ..,. -7% Total $169,400.32 $216,210.62 .o. 28% $102,006.91 Page 67 Airport Mid-Month Report Page 2 of 2 FAA Annual Airport Certification Inspection The Kenai Municipal Airport Annual Airport Certification Inspection commenced on Wednesday, July 12, 2023. The two-day comprehensive inspection ensures Airport compliance with Federal Aviation Regulations. For the first time on record the Airport had zero discrepancies. The City of Kenai I www.kenai.city Page 68 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubanks, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: July 10, 2023 SUBJECT: June 2023 Monthly Report This month the Kenai Animal Shelter took in 52 animals. Animal intake and disposition: DOGS: INTAKE 27 DISPOSITION 15 Waiver 9 Adopted 5 Stray 11 Euthanized 1 Impound 0 Claimed 9 Protective Custody 5 Field Release 0 Quarantine 0 Transferred 0 Other Intakes 2 Other Dispositions 0 CATS: INTAKE 22 DISPOSITION 21 Waiver 14 Adopted 15 Stray 8 Euthanized 2 Impound 0 Claimed 4 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 0 Other Intakes 0 Other Dispositions 0 City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city □ Page 69 Page 2 of 2 2 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 20 Field Investigations & patrols 15.45 Volunteer Hours Logged 1 Citations 0 Educational Outreach 7 Microchip Total Animal Contacts: 26 Animals are known borough animals (includes rabies clinic animals) 24 Animals are known City of Kenai (includes rabies clinic animals) 2 Animals are known City of Soldotna (includes rabies clinic animals) 0 Animals are unknown location Statistical Data: 308 2021 YTD Intakes 206 2022 YTD Intakes 283 2023 YTD Intakes June 10th, we hosted the Kenai Animal Shelter Animal Fair. We had 22 organizations in attendance. Organizations included shelter/rescues, vet hospitals, spay/neuter programs, dog parks, farm resource/groups, library resources, animal food resources, animal training, boarding facilities and grooming. The Kenai Animal Shelter gave away door prizes which included a tennis ball or cat toys, a mini first aid kit, collapsible water dish, and poop bag dispenser. The shelter utilized funds from the Maddie’s Fund grant to purchase the give away items. We also purchased a photo background so that people could have a nice photo with their pet. We had the lobby floors resurfaced the last week of June. During that time, staff operated out of the garage and mostly by appointment only although; walk-ins were still accommodated. OTHER ANIMALS: INTAKE 3 DISPOSITION 0 Guinea Pig 2 Horse 0 Rabbit 1 Rabbit 0 Other 0 Guinea Pig 0 DOA: 7 OTHER STATISTICS: Dog 4 Licenses (City of Kenai Dog Licenses) 9 Cat 3 Rabies Clinic 0 Rabbit 0 The City of Kenai I www.kenai.city Page 70 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Lana Metcalf, Controller/Acting Finance Director DATE: July 20, 2023 SUBJECT: Finance Department Mid-Month Report July 2023 In preparation for the 2023 Personal Use Fishery, the department assured all shacks were online and ready to process transactions, the software enhancements were complete, the Dipnet App was updated, and City Hall was prepared for daily reconciling activities. Intermiten equipment failure on the South Beach has resulted in a few system outages requiring limited acceptance of fees by cash. This failure had also affected two of the fishery cameras, which were down for several days but are back online. We are continuing to monitor the equipment but do not anticipate further disruptions. With the completion of the FY24 budget, the department’s focus has switched to closing of FY23 and completion of the City’s Annual Comprehensive Financial Report. This process includes the closing of the FY23 financial records, fiscal year-end grant reporting, and finally, financial statement preparation. The annual audit is scheduled for the week of October 10th. We are excited to welcome our new Finance Director on August 2. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 71 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tony Prior, Fire Chief DATE: July 11, 2023 SUBJECT: Fire Department Mid-Month Report – June Calls for service for June decreased compared to June of 2022, and we are now -1.9% overall for year to date. Here are the calls for service break down. May 2022 2023 % change Totals 136 114 -16.2% EMS 105 88 -16.2% All Other 31 26 -16.1% Year total 727 713 -1.9% Training: • KFD participated with KPD in a training event simulating a mass shooting at Kenai Middle School. We were able to integrate with Police Forces to make coordinated responses focused on termination of the threat, triage of patients and moving them for treatment and transport. • Quarterly run reviews with Dr. Warren and training on TXA. • With the arrival of our new inflatable rescue boat, all members attended training to learn operation of the new rescue boat within the river and in the shallows of the surf on North and South Beach. • Following the 3 days of training on the inflatable boat, we had 5 days of Near Coastal Boat Operator training with the Safe Boat. Nikiski Fire Department, KPD and KFD participated in this training. Topics included: slow speed maneuvers, high speed maneuvers, chart plotting and course navigations, tides and currents, search patterns, and victim recoveries. Projects/Grants: • Chief Prior continued work with the Personnel Working Group focused on Recruitment and Retention of COK employees. Development of RFP for Comp Study. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 72 Page 2 of 2 • Agreement for the Healthy and Equitable Communities Grant has finished routing with all signatures completed, project work for the Recreation Center flooring will go out to bid soon. • We are currently working on a new Physician Sponsor as Dr. Warren has been accepted into a Fellowship program for Palliative Care and will no longer be able to serve as the City’s Physician Sponsor. • We will be working on advertising an RFP for Phase 2 of our CWPP hopefully in Late July. The City of Kenai I www.kenai.city Page 73 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, Human Resources Director DATE: July 7, 2023 SUBJECT: Human Resources Activity – June 2023 Recruitment Human Resources worked with the City Manager’s office to select and hire David Swarner as the City’s new Financial Director. He is scheduled to start on August 2, 2023. The two Airport Operations Specialist positions were filled by Brandon Huntley and Michael Beals on June 26, 2023. The Assistant Parks and Recreation Director position was filled in June, and Jenna Brown was scheduled to start on July 5. The Personal Use Fishery temporary employees were selected and scheduled for onboarding July 6. Human Resources is continuing to actively recruit for two Public Safety Dispatcher positions an Airport Manager position and a part time janitor position. Safety Three accidents were reported in June. All three accidents resulted in minor employee injuries. and Workers’ Compensation claims were filed for all three; only one resulted in a couple of missed work days. Special Projects Human Resources continued to work with the Administration and the working group of City employees to determine items to be addressed by the FY24 Classification and Compensation Study and provide input on the Request for Proposals (RFP) for the FY24 Classification and Compensation Study. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 74 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe, Library Director DATE: July 12, 2023 SUBJECT: Library Report for June 2023 JUNE 2023 AT A GLANCE Items Borrowed Jun-22 Jun-23 2023 YTD Physical 7,353 7,504 40,759 Digital 1,569 1,575 9,794 Services New Memberships 62 79 350 Room Reservations 109 117 840 Programs Number of Programs 38 35 242 Program Attendance 682 683 3,144 Technology Sessions Computer sessions 509 557 3,244 WiFi Sessions 7,855 11,696 64,816 Early Literacy Station Sessions 370 322 1,782 City of Kenai I 210 ~idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 75 Page 2 of 3 • Our study and conference rooms were used by 117 individuals/groups for a total of 231 hours. • Our volunteers logged approximately 125 hours this month. • Last month of the quarter is Reference Tally Month: we answered over 1,000 reference and technology questions. • We purchased and received two Early Literacy Learning stations, 11 Early Literacy Tablets, and two shelves for the Kids Spot thanks to the generous donation from a Kenai Peninsula resident. • We distributed 84 meals to children 18 and under during our Summer Food Service hours in June. HIGHLIGHTS Kids • 9 story times – 176 participants • 4 Lego® clubs – 64 participants • 1 American Girl Doll clubs – 15 participants • 1 Tech Lab – 8 participants • 6 Summer Reading programs – 256 participants • Kites 101 – 28 participants Teens • Teen Advisory Board – 1 participant • Teen D &D Night – 6 participants • Smash Brothers Contest – 19 participants Adults • Bad Art – 8 participants • Tech Time – 6 participants • 3 DIY Summer kits – 180 kits given away JUNE 2023 PROGRAMMING JUNE 2023 SERVICES HIGHLIGHTS Number of In-Person Programs Per Age Group 0-5 6-11 12-18 19 and up 0 5 5 5 9 10 Total Attendance Per Age Group 0-5 88 6-11 12-18 -30 19and up I 14 0 100 200 300 13 15 371 400 The City of Kenai I www.kenai.city Page 76 Page 3 of 3 • Happening now: Summer Reading is in full swing! Registration is still open. As of 7/13/2023, 442 children, 74 teens, and 102 adults have signed up for the program. The City of Kenai I www.kenai.city Page 77 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: July 26, 2023 SUBJECT: Planning and Zoning – June 2023 Monthly Report General Information • There is a vacancy in the Administrative Assistant III position, which has been changed into two (2) part-time Administrative Assistant II / Planning & Zoning Technician. The job posting for the two (2) part-time positions was closed on July 25, 2023 and interviews to be scheduled during the week of July 31st. Application Summary Planning and Zoning received 23 applications in June, carried over 20 applications, and completed 27 applications. Staff conducted five (5) pre-application meetings with collaboration with the Fire Marshal, Building Official, and/or Public Works Director. Applications No. Received Carried Over Completed In Progress Planning Building Permit 12 6 15 3 Sign Permit 2 0 2 0 Conditional Use Permit 0 2 1 1 Amendment 0 0 0 0 Time Extension 0 1 1 0 Transfer 0 0 0 0 Landscaping/Site Plan 2 2 0 4 Home Occupation Permit 0 0 0 0 Plat 5 1 2 4 City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 78 Page 2 of 4 Easement/Right-of-Way 0 0 0 0 Variance 0 0 0 0 Zoning Map/Text Amendment 0 0 0 0 City-Initiated 0 2 1 1 Lands & Leases Purchase 0 1 0 1 New Lease 0 0 0 0 Renewal/Extension 0 1 1 0 Amendment 0 1 0 1 Assignment 1 0 1 0 Special Use Permit 1 3 3 1 Total 23 20 27 16 Code Enforcement and Compliance In June, Planning and Zoning received four (4) new complaints with a complaint was unfounded and another was referred to Animal Control. Several complaints were received for active code cases at 9168 Kenai Spur Highway, 508 Hemlock Avenue, 345 Dolchok Lane, and 311 Linwood Lane. There is a cumulative total of 18 open cases. Violations No. of Open Cases Carried Over New Closed By Types Abandoned Structure(s) 0 0 0 0 Abandoned Vehicle(s) 1 2 0 1 Building (e.g., as-built, damaged or decayed) 2 2 0 0 Conditional Use Permit 0 0 0 0 Junk and/or Refuse 5 6 0 1 Junk Vehicle(s) 4 4 0 0 Livestock 0 0 0 0 Signs 1 1 0 0 Recreational Vehicle(s) 1 1 0 0 Zoning (e.g., structures, setbacks, use) 4 2 2 0 Total 18 18 2 2 The City of Kenai I www.kenai.city Page 79 Page 3 of 4 List of Open Cases Property Address Date of Complaint Type of Violation 110 Aleene Way 5/4/2022 Junk Vehicle; Junk and/or Refuse 5264 Kenai Spur Hwy 5/12/2022 Junk and/or Refuse 508 Hemlock Avenue 5/13/2022 Junk and/or Refuse 9168 Kenai Spur Hwy 5/16/2022 Junk Vehicle; Junk and/or Refuse; 311 Linwood Lane 6/17/2022 Junk and/or Refuse 1715 Fourth Avenue 8/25/2022 Junk Vehicle; Junk and/or Refuse 1009 Second Avenue 8/12/2022 Zoning 305 Sterling Court 10/20/2022 Building (On-Hold) 700 Cypress Drive 10/24/2022 Junk Vehicle(s) 345 Dolchok Lane 10/28/2022 Building; Zoning 312 Aspen Street 10/26/2022 Abandoned Vehicle(s) 11888 Kenai Spur Hwy 11/17/2022 Zoning 12656 Kenai Spur Hwy 12/1/2022 Sign 4315 Lupine Drive 2/8/2023 Junk and/or Refuse 4555 Johnisee Court 4/26/2023 Recreational Vehicle 307 James Street 5/22/2023 Junk in the Right-of-Way 204 Lawton Drive 6/7/2023 Zoning (Home Occupation) 415 Roger Road 6/7/2023 Zoning (Home Occupation) Before and After Highlight Abandoned Building on 8195 Kenai Spur Hwy (off Swires Road) and building was demolished mid-June. Page 80 Page 4 of 4 Planning and Zoning Commission Two (2) public meetings were held in the month of June. • Planning and Zoning Department held a work session on “Ordinance 3363-2023 - Amending Kenai Municipal Code Sections 14.20.330 - Standards for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table, to Establish a Minimum Standard for Public Notification for Commercial Marijuana Establishments and Prohibit Limited Marijuana Cultivation Facilities in Residential Zoning Districts”. • Planning and Zoning Commission took actions as follows: o Recommended Approval for Preliminary Plat - Reutov Subdivision to Subdivide a Parcel into Four (4) Lots Located at 106 Lawton Drive (Parcel ID: 04902008) in the Suburban Residential (RS) Zoning District. o Granted a Conditional Use Permit (CUP) to Allow for Lodging on the Property Located at 1534 Stellar Drive (Parcel ID: 04714032) in the Suburban Residential (RS) Zoning District. o Granted a Time Extension for Compliance with Conditions in Resolution PZ2022-14 for a Restaurant/Brewery on the Property Located at 800 Childs Avenue (Parcel ID: 04901138) in the Heavy Industrial (IH) Zoning District. o Recommended Approval for Preliminary Plat – Baron Wood Subdivision 2023 Replat to Consolidate Lots 1 and 2, of Baron Wood Subdivision into one (1) lot. o Recommended the Kenai City Council Enact Ordinance No. 3363-2023 – Amending Kenai Municipal Code Sections 14.20.330 - Standards for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table to establish a minimum standard for public notification for commercial marijuana establishments and prohibit limited marijuana cultivation facilities in residential zoning districts. Page 81 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best Parks and Recreation Director DATE: July 25th, 2023 SUBJECT: Mid-Month Report-June The Kenia Kite Festival occurred on June 24th, and hundreds of people came to enjoy it. Walmart gave out over 100 kites for free. The day before this event, the Kenai Community Library had a kite building class, and many of their kite builders came and displayed their custom kites! Kenai slash site use has decreased compared to last year, but it is getting used every day it is open. The use reduction is most likely due to the number of borough slash sites available throughout the community. To date, the slash site has collected 48.38 acres of treated area. Repairs to the Kenai Rec Center roof are almost complete. There will be several days when the Rec Center will shut down as the contractors will have to shut off power. Kenai Rec. Center Visits-June Weight Room/Cardio Room 864 Racquetball 28 Walleyball 3 Shower/Sauna 303 Gymnasium 913 Other 9 Gym Rental Visits 980 Total Number of Visits 2493 See photos of the kite festival below! Page 82 Page 2 of 2 Professional Kiters came and brought some fantastic kites to showcase Walmart gave out over 100 free kites! Kids flew kites from home, the library, and Walmart all afternoon. Page 83 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: July 10, 2023 SUBJECT: Police & Communications Department Activity – June 2023 Police handled 569 calls for service in June. Dispatch received 259 9-1-1 calls. Officers made 37 arrests. Traffic enforcement resulted in 354 traffic contacts and 55 traffic citations. There were 8 DUI arrests. There were 12 reported motor vehicle collisions in June. There were no collisions involving a moose and there were no collisions involving drugs or alcohol. KPD officers, dispatchers, and KFD firefighters all participated in a joint active shooter training conducted by the departments, with the assistance of other local law enforcement agencies, at the Kenai Middle School. Four senior police officers attended a one week first-line supervisor class that was hosted in Soldotna. One KPD officer attended a week-long boat operator course in Kenai hosted by KFD. The Department filled its vacant police officer position with Officer Sarah Herrin, who previously worked at KPD for number of years. The department continues to work on filling two vacant dispatcher positions. All five Temporary Enforcement Officers (TEOs) were trained and are ready to assist in the dipnet fishery. 3395 1417 3412 1540 3111 1477 0 1000 2000 3000 4000 Total Police Service Calls 911 Calls Received 2021(Jan 1 - Jun 30)2022(Jan 1 - Jun 30)2023(Jan 1 - Jun 30) Page 84 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: July 2023 SUBJECT: Mid-Month Report; Public Works / Capital Projects Airport Fund Projects: • Kenai Municipal Airport Sand Storage Facility – Orion Construction is currently under contract in the amount of $2,289,000. The project started back up May 1st, currently structural steel is being set with exterior panels expected to start in mid-August. Work with HEA and Enstar is in coordination and proceeding well. Doors and windows have arrived on site. Project is tracking toward completion in late September. Page 85 Page 2 of 11 Public Works Mid-Month Report • Kenai Municipal Airport Runway Rehabilitation Project – This project known as Task 4 within HDL Engineering Consultants LLC term service agreement with the City shall provided an initial assessment of the current condition of the airport runway. This included geotech work, coring numerous locations of the runway. On August 4th, , 2021 HDL Engineering and staff successully completed geotech borings of the runway after hours. On October 13th , 2021 HDL Engineering, City staff and the FAA discussed the findings of the geotech report. On December 6, 2021 the City received the draft Engineer’s Design Report (EDR) along with the draft Geotechnical Report. Ordinance 3278-2022 was approved on April 20th , 2022 to secure HDLs services through Bid Phase with a contract amendment of $781,833 executed on May 6, 2022, bringing the total cost of design to $1,031,833. Project has been stalled at 35% Design as Environmental Compliance requirements are being clarified. Project is currently tracking for Runway Rehab Construction in 2025 with the Taxiways 2026 the following year, however this may slide a year, dependent upon FAA funding. Update: Staff meeting was held in Anchorage with FAA Counterparts to discuss project on 3/8/23. March 27, 2023 staff meeting with DEC to discuss path forward for design services. Project is now moving forward again with Environmental Services toward a 65% design effort. Council approved a purchase order increase to HDL Engineering at the June 7th, 2023 to allow the environmental work to move forward. • Kenai Municipal Airport (KMA) Terminal Landscaping – A Request for Proposals for Landscape Design Services was released on July 14, 2022 with proposals due on July 28, 2022 where Earthscape LLC was determined to have provided the highest scoring proposal at a cost of $28,255. The Purchase Order to Earthscape LLC was approved by Council at the 9/7/22 council meeting. Design work continues with final design concepts working through the airport commission and airport administration. Contract is billed out to 65% as of July 5, 2023. On July 12, 2023 Earthscape delivered draft 95% design documents, on July 24, 2023 a preliminary cost estimate was provided. Documents are under staff review at this time. • Kenai Municipal Airport (KMA) Operations Building HVAC Controls Upgrade & Boiler Replacement – This project was released for RFP on July 19, 2022 with proposals due on August 16, 2022. MBA Consulting Engineers was the successful proposer awarded under Resolution 2022-63 approved by Council at the September 7, 2022 Council Meeting. Contract Documents were fully executed with MBA on October 31, 2022 for the contracted amount of Page 86 Page 3 of 11 Public Works Mid-Month Report $47,726. November 10, 2022 will be the first site meeting with staff and engineering team. Design work is anticipated to continue through the winter months. 95% design documents were received on January 30, 2023. Project cost estimate is over budgeted amounts and staff is coordinating with design team to refine documents. Construction Bid release is pending, resolving final issues wih Meridian Controls. General Fund Projects: • USACE Bluff Erosion –Council approved Resolution 2021-35 at the June 2, 2021 meeting awarding an agreement to HDR along with issuance of a purchase order in the amount of $791,832.68. July 6, 2021 the formal agreement between the City of Kenai and HDR was executed. On January 2, 2022 the City received 35% Design Documents from HDR, staff was able to review those documents with HDR uploading them to the Corps website on January 25th. On March 3rd federal funding in the amount of $650,000 was received by the USACE to be used toward the design effort of the project. On March 10th the City submitted a letter for Request for Work in Kind, to cover the expenses the City has incurred through HDR Engineers Inc. in the amount of $248,676.73, which covers progress from July through November 2021. 65% Design Docs were received ahead of schedule on April 28th. Value Engineering Workshop was conducted with USACE on June 21-24, 2022 at JBER. This completed the requirement of completion of a VE Study for the project. Final 65% documents with the items addressed at the VE Study workshop were received 8/25/22. Advanced Technical Review (ATR) with the Corp began 9/15/22, with an ATR Workshop on October 3, 2022. The City Manager presented Resolution 2022-71 to Council at the October 5, 2022 meeting accepting a State Grant 23-DC-007 for $6,500,000 in support of the Sponsor share of the project. This grant is a tremendous step toward fulfilling the City’s responsibility of the current 35% percent match of the overall project. Staff formally submitted Work In Kind (WIK) Requests #2 & #3 to the USACE on November 3, 2022 totaling another $316,447.30 toward our City Share of project costs. Project has now entered the BCOES phase (Bid-ability, Constructability, Operability, Environmental & Sustainability Reviews) with the US Army Corps. with a targeted completion date of March 10th, 2023 for this task. HDR has reached 95% design documents, which were delivered to the City on February 23, 2023. Preparations are in process for execution of a PPA (Project Partnership Agreement) with the US Army Corps likely within the next 60 days. The current target dates for advertisement for Construction Bids is June 12th, 2023 with Contract Award tracking at August 16th, 2023. Project remains on track and is proceeding well. Update: March 28th, 2023 10:00am conducted meeting reviewing BCOES comments with USACE and HDR, this step is nearing completion. March 28th, 2023 12:30pm meeting with City Manager Eubank, Colonel Delarosa and Randy Bowker with USACE discussing project funding, PPA, and design phase nearing completion. Project Partnership Agreement (PPA) is slightly delayed due to impacts of the WRDA bill which will have a positive impact for the City on revising the cost share from 65/35 to 90/10. Update: May 10th, HDR is nearing completion of their work, final back check of all design comments is being addressed, with final quality assurance reviews beginning with remaining USACE staff. Update: June 14, 2023, received the draft PPA on June 6th, 2023. City Attorney and Administration is reviewing. June 8th-9th staff and HDR reviewed all Page 87 Page 4 of 11 Public Works Mid-Month Report remaining open comments on 95% design docs with the USACE team. The final remaining items are being closed out in preparation of completed bid set deliverable to USACE. June 15th conference with Administration & USACE to answer questions on PPA. City fund certification documentation sent to USACE this month ahead of the July 6th deadline. Dates are sliding however we still anticipate a construction bid release later this year. Update: July 11, 2023 meeting at City Manager’s office with the new Colonel Palazzini who is taking over for Col. DelaRosa. Randy Bowker, Chief Programs and Project Management with USACE Alaska District also in attendance. Discussed pending PPA, and near completion of design phase. HDR is billed out to 95% of their design agreement. • Community Wildfire Prevention Plan (CWPP) Mitigation – The City has received grant funds to address beetle kill damages within the City. On November 3rd an Invitation to Bid was released in coordination with the Fire Department and Forest Service to perform mitigation services on approximately 105 acres of land through the No Name Creek Drainage from Redoubt Avenue extending to Cook Inlet. Five Bids were received on 12/13/22 with Doug Koch Professional Tree Service providing the winning bid at a cost of $282,000. Work is anticipated to take place during allowable time frames over the next year. A Resolution to Award this Contract is before Council at the 12/21/22 Council Meeting. Construction Contract was fully executed on February 28th, 2023 and contractor is actively working on project. Much of the North section is now cut with timber and slash still remaining to haul away, Section 4- 5 which is largely a hand felling area has started mitigation, as well as the South section near Municipal Park which has had extensive work completed to date. Contractor has been performing well, work will slow down through the summer months per the grant requirements when beetles are known to spread and work will resume later this fall. Update: May 18, 2023 representatives from the USDA Forest Service as granting agency were in town and provided a tour of the work actively taking place. Review of project documents, invoices, drone footage, etc. was completed and received very well. Tree cutting work has now stopped as beetles are active and will resume as temperatures allow as we enter the winter months. To date the contactor has invoiced for $142,972.41, approximately 50% of the contracted work. Project has proceeded quickly and remains on time and on budget. While tree cutting has stopped for the summer months, contractor has hauled and stock piled slash that was cut earlier in the season. Cutting expected to resume in October. • Recreation Center Improvements – Formal Invitation to Bid was released on February 23, 2023 with bids due on March 23, 2023. Orion Construction was the successful bidder with a total bid of $1,425,700 as presented to Council through Resolution 2023-25 adopted at the April 5th, 2023 Council meeting. Construction will continue into the fall of 2023. Update: Roofing is now complete, roof drainage is now complete out to a new parking lot storm water detention area. Mechanical HVAC Roof top units remain on order. Project is proceeding well and on schedule. Change Order 1 is being prepped to cover some minor items. Page 88 Page 5 of 11 Public Works Mid-Month Report • Kenai Fire Department Apparatus Bay Coating – Ordinance 3315-2022 is up for Council approval on 9/21/22 to provide supplemental funding to allow the project to bid. Once additional funds are approved project is prepped for bid release. Existing budget was $45,000 with approval of Ordinance 3315-2022 new budget will be $60,000. This work involves cleaning and replacement of concrete floor markings with the installation of a new concrete sealer to protect and extend the life of the garage bay floors. Project was released for Construction Bids on May 2nd with bids due on May 18th. Council approved Resolution 2023- 43 which awarded a construction agreement to Pro Grind Alaska Rental LLC in the amount of $49,250. Work will take place this summer. Contractor walked site with staff on July 26, 2023. Pending work is expected to be completed by August 31, 2024. • Kenai Dog Park – Council has provided $63,000 in funding toward this project. On October 10th, 2022 Polar North Construction began work on the concrete pavilion pad with a concrete pour schedule for 10/13/22 weather pending. Fireweed Fence has also started reinstallation of the fence work the same week. The high water table within the park area continues to cause flooding issues within the park area. Public Works staff has roughed in some drainage trenches which have helped, we plan on expanding on that work and then placing some drainage rock so the repairs will be permanent. Project will continue into May/June 2023 as weather allows. Public Works staff has collected numerous items from the dog park committee including park benches, signage, agility equipment, etc. and have items stored in our warm storage area to be installed next spring. Dog Park committee staff needs to coordinate with volunteers intended to construct the pavilion in order to secure the necessary construction materials. Public Works does not have sufficient budget in hand to purchase these items for them. City Manager Eubank and Public Works Director Curtin have been coordinating on remaining items to be completed with available remaining funds. We are expecting the pavilion to be constructed as soon as weather allows by Jeff Twait with materials sourced with donated funds. The Streets Department crews will strip and stock pile topsoil within the field area in an effort to raise the existing grade with fill material. We intend to utilize some of the roadway sand gathered from spring street sweeping operations to provide positive drainage at the site. Additional gravel French drains will be installed to manage storm water at the site, and then the topsoil will be spread over the field area. We anticipate this work to take one week to complete. Once the grading is complete, and the pavilion is constructed, Fireweed fencing will return to finish the perimeter fence and gates. Parks and Rec will then install the signage. Field will be seeded and watered, traffic will need to be limited during this time to allow the grass to grow. After first mowing of grass, field agility equipment will be placed. Project is tracking toward a July grand opening. Roofing was completed on Monday June 12th with labor and materials donated by Hanson’s Roofing. Cornerstone Construction donated the labor to construct the pavilion. Hydro-seed was placed June 14th, fencing is scheduled to start June 15-16th. Pavilion gates were installed 7/25-26, park grand opening is scheduled for Friday 7/28/23. Page 89 Page 6 of 11 Public Works Mid-Month Report • Roadway Improvements – Nelson Engineering was the successful proposer to provide bid ready construction documents for improvements to Wildwood Dr, Willow Ave, First St. as well as multiple smaller misc. repairs. Wildwood Dr will require grant assistance to complete the project. The N. Willow St Roadway Improvements, First Avenue Roadway Repairs, and Misc. Repairs projects were all released for construction bids on May 18th 2023 with Bids due on June 1st, 2023. All three projects received bids in excess of budgeted amounts an there is legislation pending at the June 21st, 2023 Council meeting to provide supplemental funding to award these projects. They are still intended, with Council’s approval, to be completed this construction season. Contracts have now all been executed with Foster Construction receiving a Notice to Proceed on July 19th for the First Ave Repairs and Misc Repairs projects, Knik Construction received their Notice to Proceed for N. Willow St. on July 26th. Contractors have started submittals and will be mobilizing soon. • Multi-purpose Facility – The Building Maintenance Department completed all of the pressure washing and rust prevention coatings in house. That portion of the project was completed on time and on budget and allowed for ice to go back in on schedule. Staff continues to work on ventilation solutions as well as some UV Heat lamps to replace the natural gas heaters suspended from the ceiling near the seating areas. Once a scope of work is finalized by the department these additional items will be released for bids. Currently roughly $71,000 of the $155,000 in funding has been expended. A Proposal Quote Request (PQR) was released on June 30tth with quotes due on July 13th. MBA Consulting Engineers was the only respondent at a cost of $30,580. Design work will cover ventilation, lighting, bleacher radiant heating and will take place through November. • Cemetery Expansion – This project is located at the corner of First Ave and Float Plane Rd and will provide for additional burial space as the existing adjacent cemetery has reached capacity. The Public Works Department using in house personnel has already cleared, leveled and graded the site, and placed and compacted a gravel sub-base for the parking area. Staff has successfully surveyed in 64 adult plot sites and 12 infant plot sites. These sites are available through the Clerk’s office. The Parks & Recreation Commission is currently considering alternatives to fencing the cemetery in an effort to utilize those funds toward completing other items. Work will be suspended through the winter with the parking lot paving taking place early summer 2023. Cemetery Phase 2 Fencing was released for bids on July Page 90 Page 7 of 11 Public Works Mid-Month Report 26th with bids due on August 9th. Council will see legislation for a contract award at the August 16th, 2023 meeting. • Softball Shelter Dugouts – Larsen Engineering has been awarded the design work for the dugouts. Design requirements are being discussed with the engineer, however this project is moving slowly as staff and engineer are heavily involved in other projects. Project will move forward shortly as staff time becomes available. Water & Sewer Fund Projects: • Lift Station Renovations – Resolution 2021-58 awarded HDL Engineering agreement in the amount of $59,560 to provide bid ready construction documents for three lift stations. These locations included the stations at mile posts 13 and 14, which are near the soccer fields and Spur / Redoubt Ave respectively, as well as a station on Lawton Drive. These locations are intended to receive new pumps and pump control panels as part of this project. After determination of which lift stations would receive renovations to start, a design meeting was held on 12/3/21 to discuss pump and control panel design. Basis of design memo received on January 6, 2022. Design documents are approaching 95%. Design is finally approaching completion. Challenges with our current SCADA team required some changes to different lift station controllers which has now been resolved. Waiting on a final estimate, to determine amount of additional funding that may be required in order to release this project for construction. Council will likely see an Ordinance in August as this project moves forward. • Waste Water Treatment Plant Replacement Sludge Press – Resolution 2020-95 approved at the December 16, 2020 Council meeting authorized HDL Engineering to begin the Design Phase of the WWTP Replacement Sludge Press. Contract Documents were executed on January 6, 2021 with a Notice to Proceed issued on January 11, 2021. A Request for Proposals from press manufactures was released on April 27, 2021 with proposals due on May 25th, 2021. Resolution 2021-42 to award an equipment purchase agreement to Andritz Corp in the amount of $285,000 was approved by Council at the June 16, 2021 meeting. A formal Invitation to Bid for Construction was released on June 7th, 2022. Bids were originally due on June 28th but the deadline was extended to July 22nd due to a lack of bidders interested in the project. On July 22nd two bids were received, with Blazy Construction being the lowest responsive responsible bidder at a cost of $1,437,913. Ordinance 3302-2022 awarded the Construction Agreement to Blazy Construction on 8/17/22. The Screw press was delivered on 10/27/31. The screw press is installed in its permanent location, jib crane has been installed and certified. All of the ductwork associated with the new exhaust air system is now installed. We are currently waiting on the delivery of the fiberglass platforms which is still a few weeks out and the new screw conveyor has been delayed and may not be on site until May unfortunately. Update June 14th the last piece of equipment, the sludge conveyor, shipped today from Seattle and is heading our way. We are now anticipating commissioning for July 10th-14th. The project successfully reached Substantial Completion on July 18th, 2023 after completion of commissioning. Staff and Contractor are finalizing some remaining punch Page 91 Page 8 of 11 Public Works Mid-Month Report list items, however the press is actively running. A big thank you and congratulations to Blazy Construction, HDL Engineering, and staff is reaching this achievement. Page 92 Page 9 of 11 Public Works Mid-Month Report • Wastewater Plant Digester Blowers Replacements – HDL Engineering was authorized to proceed on design documents for this project through passage of Resolution 2022-29 on May 18, 2022. Design Agreement is currently in the amount of $382,513 and will provide bid ready construction documents for the replacement of two 40+ year old blowers at the WWTP. The Department received 35% Design Study Report on September 23, 2022 and the project is currently moving toward 65% design documents. A grant for this project has been applied for through Senator Murkowski’s office through the Congressional Directed Spending (CDS) program. We are awaiting word on if we were successful in receiving grant funds. This is a high priority project for the department and is anticipated to provide further energy savings similar to the aeration basin blower replacement project completed a few years ago. Final 65% plan reviews are being conducted on site with HDL on 12/19/22, bid documents are expected to be ready 5/1/23 and if funding is in place will be bid immediately, if not will be delayed until funding arrives. Environmental review process is delayed as we are not sure of the grant requirements at this time, and may not know until a future grant is executed. Until then this will be a shovel ready project waiting on funding. May 5th a Community Grants Webinar was held to discuss the pending grant requirements, the Public Works Director and HDL Engineering participated in the webinar. Consultants are reviewing requirements and hope to have the design moving forward shortly. Project will not be able to be bid until funding formally arrives. Design team is actively working with granting agency. Senior Citizens Fund Projects: • Senior Center Front Entry Modifications – Capital Project Manager is developing scope of work for this project to address operation of automatic entry doors. Congregate Housing Fund Projects: • Vintage Pointe Boiler Replacement – A RFP for design services was released on October 6, 2022 with proposals due on November 3, 2022. Design work will continue into the winter with a construction bid release expected at the end of the first quarter 2023. This project will replace outdated boiler heat systems for the facility as well as providing a direction on backup power generation to support the heating system when grid power is unavailable. No proposals were received, the Department is requesting approval to enter negotiations with RSA Engineering in the hopes of moving the project forward. RSA Engineering is under contract and is expected to start design in early January 2023. On February 3, 2023 RSA Engineering provided draft 65% Design Documents. Staff is currently reviewing. Engineering has a planned site visit for February 15, 2023 scheduled. We are anticipating bid documents being ready for an April Construction Bid release. 100% Design Documents are were received from the RSA Engineering on April 14th. Council approved Resolution 2023-30 on May 3rd to reallocate funds for the project. Invitation to Bid is pending. Page 93 Page 10 of 11 Public Works Mid-Month Report Other Projects Information: • DOT Kenai Spur Highway to Sports Lake Rd – This project continues to wait for appropriation of state funds. No new information to report at this time. • DOT Bridge Access Road Bike Path – Council passed Resolution 2021-53 on August 4, 2021 authorizing the City Manager execute a memorandum of agreement with DOT for design, construction, and maintenance of the Kenai Bridge Access Road Pathway project. In speaking with representatives from DOT the state has not provided funding as yet for this project to move forward. To date the City has appropriated $294,947 in support of this project which is intended to provide a 1.2 mile path connecting the paths between the Spur Highway and Beaver Loop. Total cost of project per DOT estimates equals $3,266,301. Per communications with the DOT, design funding is in place and they are waiting on final signatures for the Reimbursable Services Agreement (RSA) with DNR. Once the RSA is approved they will be able to begin design work. Process is expected to be completed by the end of January. Update: Formal kickoff meeting took place on March 30th with the City Manager and Public Works Director in attendance. From appearances this design process will be a slow one, we are not anticipating seeing construction on the path this calendar year. Will continue to update as more information becomes available. Update: A site meeting will be taking place between the City, DNR, & DOT on 6/9/22 to review the project. HDL Engineering appears to conducting surveying services in support of the project, crews were in the area on 6/7/22. On June 29, 2022 the City Manager & Public Works Director met with DOT representatives and discussed projects. State funding continues to be an issue. Page 94 Page 11 of 11 Public Works Mid-Month Report • DOT Boat Launch Road Fish Passage Culvert – Council approved a construction easement to allow DOT access to replace the roadway culvert at the intersection of Boat Launch Rd and Bridge Access at the April 5th Council meeting. Work is anticipated to start later this year in coordination with the River Center to minimize impacts to fish entering the watershed. Page 95 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Kathy Romain, Senior Center Director FROM: Astrea Piersee, Administrative Assistant III DATE: July 2, 2023 SUBJECT: June 2023 Monthly Report June brought upon the busy activities associated with Summer! As wet as this summer has been it didn’t dampen the spirits of those attending the Center’s outings in the community, such as the no-host dinner at Rocky’s Café, a tour of area greenhouses, and a trip to Seldovia. Music activities at the Center continue to be well attended. Classes on how to play the Ukulele and the weekly Choir are reported as favorites. The Center was also treated to a performance by the Anchorage Bowl Chamber Orchestra enjoyed by the Center’s seniors and members of the community. Father’s Day brought upon a celebration for fathers attending the program and with it of course mini-golf! To round out the month Senior Connection and the crafters hosted a Quilt Bingo that was attended by over 100 individuals vying for the chance to win one of 10 beautiful quilts. 2023 2022 Home Delivered Meals 1705 2000 Individuals 97 99 Dining Room (Congregate) Meals 1290 582 Individuals 136 98 Transportation (1-way rides) 86 221 Individuals 12 19 Grocery Shopping Assistance 11/48 10/22 Writers Group 38 26 Caregiver Support Group 13 4 Growing Stronger Exercise 459 276 Tai Chi Class 39 52 TOPS Weight Loss Class 47 28 Bluegrass & Music Sessions 136 51 Card Games 188 104 Wii Bowling 40 29 Arts & Crafts 38 23 Total Event Sign-ins * 2432 1658 Individuals * 215 167 Vintage Pointe Manor Vacancies 0 0 *(not including home meals clients) Page 96 AUGUST 2, 2023 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY PAGE Add to Item E.3 Resolution No. 2023-49 •Public Comment Planning Director 2 Add to Item H.8 Discussion/Action - Radio Advertising •Informational Memo •Public Comment Winger Douthit 3 4 Add to Item P Informational Items •KPB Resolution 2023-053 - Establishing a Voter Turnout Working Group to Explore Actionable Options and Ideas Aimed at Increasing Awareness, Participation and Voting in Local Elections. City Clerk 6 1 From:Taylor Evenson To:Linda Mitchell Subject:Re: August 2, 2023 City Council Meeting Packet Date:Wednesday, August 2, 2023 1:59:26 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Linda, Several considerations here. To recap our conversation on the phone with myself and my dad Thor Evenson. -We are in favor of Char vacation - We need more time to consider all the effects of vacating spruce st proposed easement. - *original agreement for donation of land for spruce road, and compensation in the form of access and utilities to our property.*--- -set back and requirements for road width into our property depending on usage -3 scenarios, table, 60 ft adequate, go with proposal. Offers My dad Thor Evenson, would like to appoint me Taylor Evenson as his representative for the considerations of his property on S. Spruce Street, Kenai, AK 99611. I will be calling in to the zoom meeting to talk about our considerations and concerns. As a written statement:We need more time to gather information about what the effect of the current proposal,to reduce the size of the right away on S spruce st, will have on us and our property. Thuswe are opposed to any changes, currently, with the access to our property in regards tothe south spruce easement. We are absolutely supportive of the boys and girls club, and what they offer to the areaand the community, and thus will work to make this as mutually beneficial as possible aswe gather information. Having said this we are very much in favor of the changes to CharCircle, providing the boys and girls club with more usable land and a more unbroken plot. Thank You,Taylor EvensonThor Evenson On Tue, Aug 1, 2023 at 4:51 PM Linda Mitchell <lmitchell@kenai.city> wrote: Taylor, 2 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Council Member Winger DATE: August 1, 2023 SUBJECT: FY2023 Peninsula Clarion Advertising Costs Below is a summary of costs for City Council, Planning & Zoning Commission, and election noticing publications in the Peninsula Clarion during the fiscal year 2023. Notices Cost Pursuant to City Council Meetings $5,096.63 KMC 1.10.060(c); 1.15.040(j); Resolution No. 2023-11 Planning & Zoning Commission Meetings $2,857.43 KMC 14.20.280 City Council Election $1,964.07 KMC 6.10.030; 6.15.050; 6.20.010(a); 6.55.030(b) Planning & Zoning Vacancies $169.92 KMC 14.05.015(a)(2) Total: $10,088.05 Kenai Municipal Charter, Section 1-7 defines “publish or published” as meaning publish, published or publication in a newspaper of general circulation within the City at least one time or by posting a copy of the ordinance, notice, or other document on the official City bulletin board which shall be located in or on the principal municipal building; provided that the Council by ordinance may require that any or all such publications shall be in a newspaper of general circulation within the City. Throughout Kenai Municipal Code there are processes that require Public Hearing’s and further require that those public hearings be published in a newspaper of general circulation. City Council Policy 20.000 - Agenda & Packet - Preparation, Distribution and Publication paragraph C. 1. Notice of the date, time and place, and public hearing agenda items for each regular Council meeting shall be published in a newspaper of general circulation no later than three (3) days prior to each regular Council meeting. 3 From:Alex Douthit To:City Clerk Subject:Fw: KSRM Radio Group - talking Points Date:Tuesday, August 1, 2023 1:05:26 PM Attachments:City of Kenai talking points.docx Can I please get this letter from Nathan Johnson at KSRM as a lay down item for the radio ad discussion Thanks Alex douthit From: Nathan Johnson <nathan@radiokenai.com> Sent: Monday, July 31, 2023 8:30:40 PM To: Alex Douthit Subject: KSRM Radio Group - talking Points CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Here you go. ?? Nathan ?? Nathan Johnson- marketing consultant Cell number- 398-2628-Best number Office Number 283-8700 Fax 283-9177 email: nathan@radiokenai.com ?? KSRM Radio Group KSRM-920am ??? New/Talk,?? KLSD-1140am ??? ESPN/Local sports KWHQ-100.1 FM ??? Country, KFSE-106.9 FM?? ??? Rock?? KKNI-105.3 FM- Greatest Hits, KKIS-96.5 FM ???A/C listen online @ radiokenai.com or download our app from Itunes & Google play ?? ???The sooner you believe that you can achieve your dreams, the sooner you will achieve your dreams??? ?? 4 The way the City of Kenai is currently no�fying and informing the community is just not working the way I believe the City wants it to and is simply not effec�ve anymore. If the City of Kenai is looking to no�fy, inform and promote items throughout the year, KSRM Radio Group can help achieve these goals. As medias go, radio is s�ll very strong among adults 18+. In a recent Nielsen report from Q4 2022, radio broadcast reaches 91% of listeners 18+, which is the highest among all listening devices for ages 18+ When compared to other audio sources (ad-free and ad supported formats), radio has the largest share of daily �me spent listening for Adults 18+ at 38% according to a Nielsen Study. Radio is a great way to no�fy the community about upcoming mee�ngs, and how to be a part of the mee�ng. Even in a recent survey done by the Kenai Peninsula Borough 45% of KPB residents get informa�on about the borough from radio. Public Service Announcements (PSA’s) are aired at the discre�on of KSRM Radio Group. There is no guarantee that a PSA will air, how many �mes it will air or when it will air. Most of the �me we use PSA’s as fill (�me during a scheduled commercial break that needs ads to fill the allocated �me scheduled for that commercial break) usually this happens in the hours of 12am to 6am. PSA’s are also very limited to what it says to keep it as a PSA. Promo�on of Events, websites, any call to ac�on is typically not considered a PSA.PSA’s are not a great way to advise, or to inform listeners of important things. I believe it's been a since 2016-2017 that any Department from the City of Kenai has adver�sed with KSRM Radio Group. This would be a great opportunity for the City to adver�se so many things, from cleaning water lines, not parking on the roads during the winter, that there is a Slash site in Kenai, to many more projects and things happening within the City. One great thing about radio is we can run mul�ple messages at a �me if needed and it’s easy to make changes to the messages and messages can be changed as needed. It is my understanding that The Kenai Chamber of Commerce and Visitor center has recently taken over marke�ng for some City of Kenai events, The Kenai Silver Salmon Derby that is held in September and to help promote the City of Kenai’s “I Love Kenai” website. It is a limited campaign that was set up to really promote these two things is my understanding and will not really allow for addi�onal events, no�fica�ons, or promo�ons, because of the limited number of ads. 5 Kenai Peninsula Borough, Alaska Resolution 2023-053 Page 1 of 2 Introduced by: Cox, Hibbert Date: 08/01/23 Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2023-053 A RESOLUTION ESTABLISHING A VOTER TURNOUT WORKING GROUP TO EXPLORE ACTIONABLE OPTIONS AND IDEAS AIMED AT INCREASING AWARENESS, PARTICIPATION, AND VOTING IN LOCAL ELECTIONS WHEREAS, the Kenai Peninsula Borough Assembly (“Assembly”) recognizes the importance and value of a higher voter turnout for local election; and WHEREAS, local elections directly impact day-to-day lives of Borough residents; and WHEREAS, increased participation in local elections and an informed citizenry is of paramount importance in a democratic republic form of government; and WHEREAS, this resolution establishes a Voter Turnout working group for the specific purpose of exploring actionable options and ideas to increase voter awareness, participation, and turnout; and WHEREAS, the Borough prioritizes open access for qualified voters to choose elected officials by free and secret ballot; and WHEREAS, the Borough also prioritizes nonpartisan, factual, election information, and secure and accurate election administration; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. The Voter Turnout working group is directed to specifically focus its meetings to explore actionable options and ideas to present to the Assembly that are aimed at increasing awareness, participation, and voting in local elections, including but not limited to, changing the Borough election day to align with that of the State of Alaska. SECTION 2. The members of the working group will include 14 members comprised as follows, subject to individual availability and willingness to participate on the working group: the Borough (1) and City Clerks (6); two community members chosen by the Mayor; one community representative qualified to represent the interests of persons with physical, visual, reading or impairments that affect one’s ability to vote privately; two members of the Borough’s canvass board; one member representing the League of Women Voters; and one member representing the Kenai 6 Resolution 2023-053 Kenai Peninsula Borough, Alaska Page 2 of 2 Peninsula Votes group. Members will be appointed by the Assembly at its regular meeting on September 19, 2023. If a City Clerk is unable or not authorized by a respective city council to participate on the working group, a designee with requisite election experience or expertise may serve in the city clerk’s place and if a city does not provide an alternate then the seat will not be filled. SECTION 3. The Voter Turnout working group will meet at least 3 times reserving the option for more meeting times, as needed, to the discretion of the group. SECTION 4. Subject to availability, the Voter Turnout working group will be staffed and noticed by the Borough Clerk’s Office, and the Borough Legal Department. SECTION 5. The Voter Turnout working group is subject to Alaska Open Meetings Act and will use Robert’s Rules of Order to conduct business. SECTION 6. The Voter Turnout working group is not authorized to act or communicate on behalf of the Borough other than to make recommendations to the Assembly. SECTION 7. The Voter Turnout working group will present 3 to 5 actionable recommendations to the Assembly no later than the first meeting in March 2024. Upon providing its report to the Assembly, the working group will automatically terminate. SECTION 8. That this resolution takes effect immediately. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 1ST DAY OF AUGUST 2023. Brent Johnson, Assembly President ATTEST: Michele Turner, CMC, Borough Clerk Yes: No: Absent: 7 DocuSign Envelope ID: 7C7D569F-7 A65-43E3-A 1 AF-11 F4302C07BE Kenai Peninsula Borough Assembly MEMORANDUM TO: Brent Johnson, Assembly President Members, Kenai Peninsula Borough Assembly FROM: Tyson Cox, Assembly Vice President ~c__,, Brent Hibbert, Assembly Member b~ DATE: July 20, 2023 SUBJECT: Resolution 2023-i'tri, Establishing a Voter Turnout Working Group to Explore Actionable Options and Ideas Aimed at Increasing Awareness, Participation, and Voting in Local Elections (Cox) (Hibbert) This resolution is brought forward for consideration in response to the comments made during our July 11th Assembly meeting regarding Resolution 2023-48, proposing to place an advisory question on the ballot regarding changing the Borough's regular election date . Many of the comments, in favor of and in opposition to , by the public and Assembly members, echoed the same sentiment: establishing a higher voter turnout in local elections is important. Changing the Borough 's regular election date should be considered , but not as a cure all for our dismal local election voter turnout. It should be considered as a part of the possible solution as there may be other actionable items that can assist or even outproduce an election date change when considering cost, functionality, and the increased voter participation from such changes for both even and odd years. In recognition of our need for increased local election involvement this resolution is an alternative to Resolution 2023-48 that would establish a Voter Turnout working group comprised of members with experience in elections so we can ask them what actionable recommendations they think will help raise awareness of upcoming elections, participation, and voting in local elections. The group will only meet for a short time as to not create a long , drawn-out process. The group will end after it submits its recommendations on or before the Assembly's first meeting in March of 2024 . Local elections are important. They greatly impact the day-to-day lives of Borough residents. We should always strive to provide objective and factual election information with the goal of increasing civic engagement. Our entire Kenai Peninsula Borough community benefits from a collective commitment to holding secure , accessible, nonpartisan, local elections with a high voter turnout. An informed, high voter turnout in local elections leads to a better representative form of government for our Borough. Your consideration is appreciated. 8 Kenai City Council - Regular Meeting Page 1 of 3 August 02, 2023 Kenai City Council - Regular Meeting August 02, 2023 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.Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items 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 ADMINISTRATIVE REPORTS C.SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) D.UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E.PUBLIC HEARINGS 1.ENACTED WITHOUT OBJECTION. Ordinance No. 3364-2023 - Increasing Estimated Revenues and Appropriations in the Water and Sewer Capital Project Fund for Replacement of an Existing Cemetery Creek Culvert with a Fish Passage Culvert. (Administration) [KMC 1.15.070(d)] 1.Motion for Introduction 2.Motion for Second Reading (Requires a Unanimous Vote) 3.Motion for Enactment (Requires Five Affirmative Votes) 2.ADOPTED WITHOUT OBJECTION. Resolution No. 2023-48 - Approving Development Incentives for a Lease of the Airport Reserve Lands Between the City of Kenai and Schilling Rentals, LLC on Lot 3, Block 1, General Aviation Apron No. 1 Amended. (Administration) 3.POSTPONED TO 9/6/2023. Resolution No. 2023-49 - Declaring the Rights-of-Way of Char Circle as Dedicated on Park View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149) and a Portion of S. Spruce Street as Dedication on Park View Subdivision (Plat No. KK 79-156) are No Longer Needed for a Public Purpose and Consenting to Vacation of the Rights-of-Way. (Administration) F.MINUTES 1.*Regular Meeting of July 5, 2023. (City Clerk) Kenai City Council - Regular Meeting Page 2 of 3 August 02, 2023 G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Assignment and Assumption of Lease Agreement of Lot 5, Block 1, Gusty Subdivision Addition No. 1 Amended to Braden Ellis. (Administration) 3. *Action/Approval - Amending an Employment Agreement between the City of Kenai and City Manager, Terry Eubank. (Gabriel) 4. *Ordinance No. 3365-2023 - Increasing Estimated FY2023 Revenues and Appropriations in the General Fund - Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 5. *Ordinance No. 3366-2023 - Increasing Estimated Revenues and Appropriations in the General Fund - Planning Department to Complete Rezoning of the Kenai Waterfront Area as Identified in the 2022 Kenai Waterfront Revitalization Assessment. (Knackstedt) 6. *Ordinance No. 3367-2023 - Increasing Estimated Revenues and Appropriations in the General Fund - Street Department for Award of a Contract to Replace Public Sidewalk at 815 Frontage Road. (Administration) 7. UNANIMOUSLY APPROVED DIRECTION TO ADMINISTRATION. Discussion/Action - Commission, Committee and Council on Aging Direction. (Gabriel) 8. Discussion/Action - Radio Advertising. (Douthit) I. 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 J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS Kenai City Council - Regular Meeting Page 3 of 3 August 02, 2023 O. ADJOURNMENT P. 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/83085079211 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 830 8507 9211 Passcode: 428997 Meeting ID: 830 8507 9211 Passcode: 428997