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HomeMy WebLinkAbout2013-09-18 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 17 PACKETS Council Meeting Date: � _ / g -- ( � Mayor Council - 3 ackets Clerk t�( City Manager City Attorney Deputy Clerk yt Library Fire Department P1,, Cunningham Carver Student Rep. Hall Binder Schmidt V= KSRM Mellish ELECTRONIC COPY NOTICE Send out notice to Council and All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. NOTICE OF PUBLIC HEARING SEPTEMBER 18, 2013 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. Ordinance No. 2720 -2013 — Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project. • Substitute Ordinance No. 2720 -2013 — Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project and Awarding the Project. 2. Ordinance No. 2721 -2013 — Accepting and Appropriating a Grant from the National Aeronautics and Space Administration for Employee Travel and Training. Resolution No. 2013 -62 — Accepting the Donation of a 2013 Ford Transit from the Kenai Senior Connection, Inc. to be Used as a Meals -On- Wheels Delivery Van. 4. Resolution No. 2013 -63 — Opposing Proposed Changes to Regulations that Substantially Decrease the Medicaid Daily Service Payment Rates for Privately Owned and Operated Assisted Living Facilities. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Corene Hall, CMC, Deputy City Clerk Posted: September 13, 2013 SEPTEMBER 18, 2013 REGULAR COUNCIL MEETING REQUESTED ADDITIONS TO THE PACKET: ADD TO: Items D.1 Substitute Ordinance No. 2720 -2013: • Memorandum • Memorandum Requesting Amendments to the the substitute ordinance Items D.3 Resolution No. 2013 fii.(C:6 • Supporting Correspondence from Riverside Assisted Living Soldotna, Inc. • Supporting Correspondence from Assisted Living Association of Alaska Items G.2 Purchase Orders Exceeding $15,000: • Substitute Memorandum from Public Works Director REQUESTED BY: City Manager City Manager City Clerk City Clerk City Manager M MEMO ��Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIII'l 1992 0 9 TO: City Council FROM: Rick Koch, City Manager Y DATE: September 17, 2013 SUBJECT: Ordinance 2720 -2013 (substitute), Accepting and Appropriating an FAA Grant, and Awarding a Contract for Construction to Northwest Contracting, Inc. dba Pacific Asphalt The purpose of this correspondence is to provide pertinent information and to recommend Council approval of the above referenced substitute ordinance. The following is a listing of germane or important information: - An Advertisement for Bid for "Kenai Municipal Airport Airfield Markings" was advertised in the Anchorage Daily News on August 20, 2013 and in the Peninsula Clarion on August 20 & 28, 2013. - The Advertisement for Bid (Exhibit A) states "Bidders must contact the Public Works Department at (907)283 -8236 to be placed on the plan holders list to be considered a responsive bidder." - The primary reason for requiring bidders to be on the plan holder's list is to ensure bidders receive addenda in a timely manner. - Instructions to Bidder, 1. General (Exhibit B), states, 'These instructions specify the form and procedures for the submission of a complete and acceptable bid. To bid on projects and obtain addenda, you are required to be on the City of Kenai's plan holders list. Downloading project specifications and drawings from the City website or other online "plan rooms" does not place you on the City plan holders list. To be added to the plan holder's list, please contact the Public Works Department Administrative Assistant by phone 283 -8236 or by e -mail at PublicWorksna ci.kenai.ak.us. Instructions to Bidder, 12. Acceptance- Rejection of Bids (Exhibit C), states, "The City reserves the right to reject any or all bids, to waive minor irregularities in any bids or in the bidding procedure, and to accept any bid presented which meets or exceeds said specifications and which is deemed to be in the best interest of the City. However, the requirements for timeliness and manual signatures shall not be waived. The City is not obligated to accept the lowest bid and is not responsible for bid preparation costs." The published engineer's estimate was $400,000 to $450,000 The bid opening was scheduled for 2:00 PM on September 10, 2013. On September 9, 2013 at 4:08 PM a sealed bid was received from Specialized Pavement Marking, Inc. (Exhibit D). On September 10, 2013 at 11:49 AM a sealed bid was received from Northwest Contracting, Inc. dba Pacific Asphalt (Exhibit E). During the bid opening city staff became aware that Northwest Contracting, Inc. dba Pacific Asphalt was not on the City's plan holders list (Exhibit F). The City's consultant determined that Northwest Contracting, Inc. dba Pacific Asphalt not being on the plan holders list was a minor irregularity which should be waived. Bids were opened at 2:00 PM on September 10, 2013. Bid Tabulations (Exhibit G) were as follows: Northwest Contracting, Inc. dba Pacific Asphalt $230,390.08 Specialized Pavement Marking, Inc. 403,275.53 One addendum was issued for this bid and was acknowledged by both bidders. Consultant submitted correspondence to the City recommending waiving the irregularity in Northwest Contracting, Inc. dba Pacific Asphalt's bid and to award the contract to Northwest Contracting, Inc. dba Pacific Asphalt (Exhibit H). The City Attorney and City Manager spoke with representatives of the Federal Aviation Administration (FAA) regarding waiving, as a minor irregularity in the procedure, the requirement for a bidder to be on the plan holders list. The FAA representatives informed the City that waiving the requirement to be on the plan holders list was a minor irregularity and did not conflict with any FAA Airport Improvement Program (AIP) regulations or requirements. Further, it did not appear possible to reject the low bid and accept the high bid since the low bid met all FAA AIP requirements. The City Attorney and City Manager were informed by FAA that this project must be approved at the September 18, 2013 Council meeting or that the FAA grant offer must be withdrawn until federal funding once again becomes available in late summer 2014. This eliminates the possibility of the of the Administration to rebid the project and utilize available funding. FAA provided e -mail correspondence memorializing their position regarding waiving the requirement for a bidder to be on the plan holders list (Exhibit 1). Based on the above, and the attached information, Administration recommends Council adoption of substitute Ordinance 2721 -2013 accepting and appropriating a grant from the FAA and awarding a contract in the amount of $230,390.08 to Northwest Contracting, Inc. dba Pacific Asphalt for airfield marking. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. CITY OF KENAI 210 FIDALGO AVENUE KENAI, ALASKA 99611 -7794 (907) 283 -8236 ADVERTISEMENT FOR BID The City of Kenai is soliciting bids for the following: KENAI MUNICIPAL AIRPORT AIRFIELD MARKINGS Scope of Work: SOW Quantities are approximate. All marking elements on the runway, taxiway system, and terminal apron consisting of approximately 256,000 square feet of marking paint, 16,540 pounds of reflective medium , 7000 square feet of centerline rubber removal, as well as all associated preparation and airfield , traffic _control._ It is. the._ intent of the City to bid, and award the project by September 31, 2013 and issue the Notice to Proceed on or about June 1, 2014. Bidders must contact the Public Works Department at (907) 283 -8236 to be placed on the plans holders list to be considered a responsive bidder. Bids will be received until 2:00 PM local time September 10, 2013, and be delivered in a sealed envelope addressed to the Public Works Department at the above address. Bid documents can be obtained beginning August 20, 2013, on City of Kenai website at www.ci.kenai.ak.us or at City Hall for a non - refundable fee of $18.87 plus tax for each set of documents. Each envelope shall be clearly marked "KENAI MUNICIPAL AIRPORT AIRFIELD MARKINGS ". A pre -bid conference will be held at the Kenai City Hall, Council Chambers, and 210 Fidalgo Avenue Kenai, AK for all interested parties on August 29, 2013, at 1:00 P.M Attendance at the pre -bid is not mandatory but is strongly recommended. This contract is subject to the provision of State of Alaska, Title 36, and Minimum Wage Rates or Federal Davis Bacon, whichever is higher. The subsequent contract will require certificates of insurance and 100% performance and payment bonds. Publish: Anchorage Daily News- August 20, 2013 Peninsula Clarion — August 20 and 28, 2013 AD EXHIBtr Rev 2013 -03 -04 Page —pt CITY OF KENAI INSTRUCTIONS TO BIDDER GENERAL These instructions specify the form and procedures for the submission of a.complete and \ acceptable bid. To bid on projects and obtain addenda, you are required to be on the City of Kenai's Plan holder's list. Downloading project specifications and drawings from the City website or other online "plans rooms" does not place you on the City's plan holder's list. To be added to the plan holder's list, please contact the Public Works Department Administrative Assistant by phone 283 -8236 or by email at PublicWorks(a)ci.kenai.ak.us_ Project Name: Kenai Municipal Airport Airfield Markings Project 2013 Pre Bid Meeting Date: August 29, 2013 at fpm Last Day for Questions: September 2, 2013 Bid Due Date: September 10, 2013 at 2pm 2. EVIDENCE OF QUALIFICATIONS Upon request of the City, a Bidder whose Bid is under consideration for the award of the Agreement, shall submit promptly to the City satisfactory evidence of the Bidder's financial resources, their experience, —thei, performance in copreiing osier projects cf a similar nature, and the organization and equipment they have available for the performance of the Agreement. 3. BIDDER QUALIFICATIONS Before the Bid is considered for award, the City reserves the right to determine whether or not a Bidder is responsible and to require the Bidder to complete a Bidder Qualification Form and /or provide a current financial statement prepared by a Certified Public Accountant. The City shall determine whether a Bidder is responsible on the basis of the following criteria: • The skill and experience demonstrated by the Bidder in performing Agreements of a similar nature. • The Bidder's record for honesty and integrity. • The Bidder's capacity to perform in terms of facilities, personnel, and financing. • The Bidder's past performance under City Agreements. If the Bidder has failed in any material way to perform its obligations under any Agreement with the City, the Bidder may be determined as a non - responsible Bidder. • A Bidder's representations concerning their qualifications will be construed as a covenant under the Agreement. Should it appear that the Bidder has made a material misrepresentation, the City shall have the right to terminate the Agreement for the Contractor's breach, and the City may then pursue such remedies as provided in the Agreement Documents or as provided by state statute, City code, or as appropriate. • Local preference may be given to an otherwise qualified "Local Bidder" per KMC 7.15.045. EXHIBIT Page Of Instructions to Bidders Rev 2013 -04 -30 t Should there be more than one bid modification from a Bidder, only the last modification received prior to the deadline shall be applied to the bid. All earlier modifications shall be disregarded. Any modification which fails to meet any requirement of this section shall be rejected, and the bid shall be considered as if no modification had been attempted. 11. WITHDRAWAL OF BID At any time prior to scheduled closing time for receipt of bids, any bidder may withdraw their bid, either personally or by written request.. . After the scheduled closing time for receipt of bids, no bidder will be permitted to withdraw their bid unless Notice of Award is delayed for a period exceeding Forty Five (45) days. A bid may not be withdrawn after opening without the written consent of the City. 12. ACCEPTANCE — REJECTION OF BIDS The City reserves the right to reject any or all bids, to waive minor irregularities in any bids or in the bidding procedure, and to accept any bid presented which meets or exceeds said specifications and which is deemed to be in thQ--b�est-interest of_Ahhe —City_ However,_the requirements for timeliness and manual signatures shall not be waived. The City is not obligated to accept the lowest bid and is not responsible for bid preparation costs. 13. EXECUTION OF AGREEMENTS The successful bidder shall be required to execute an Agreement for the work within ten (10) days after receiving the Notice of Award and Agreement documents from City; if Contractor does not return executed copies within this time, then, at the option of City, the bid may be rejected. 14. AWARD OF AGREEMENT It is the intent of the City to award the bid to the lowest, qualified, responsive and responsible bidder. Unless otherwise stated in the Bid Documents, the Agreement, if awarded, shall be awarded to the responsible Bidder who submits the lowest responsive bid. When Bid Documents contain a base bid and alternates, only the total of the base bid and the alternates to be awarded shall be used to determine the low bidder. The amount of the Agreement shall be the total sum of the amounts computed from the estimated quantities and unit prices and /or the lump sum awarded by the City and specified in the Agreement. On all Bids, Notice of Award or rejection will be given within Forty Five (45) days of Bid opening. The notice will be in writing and signed by the Public Works Director. A Notice of Intent to Award, and no other act of the City of Kenai or its representatives, constitutes an acceptance of a Bid. The acceptance of a Bid shall bind the successful Bidder to execute the Agreement. 15. AGREEMENT AND PERFORMANCE AND PAYMENT BOND SIGNATURE INSTRUCTIONS WHEN BONDS ARE REQUIRED Instructions to Bidders EXHIBPf C ftk_ Of Rev 2013 -04 -30 TO: City of Kenai Public Works Department 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 FROM: CITY OF KENAI BID FORM of Bidder's Company or Business Entity BIDDER'S DECLARATION & UNDERSTANDING x The undersigned, hereinafter called the Bidder, declares that the Bidder has carefully examined the Addenda, Specifications and Drawings, Agreement, General Conditions, and Instructions to Bidders (hereinafter called "Bid Documents"), and the location(s) where work is to be performed for the project, and that the Bidder has satisfied themselves as to the quantity and condition of work involved. It is expressly agreed that the quantities shown in the Bid Form, whether for a "Unit Price Bid" or in connection with a "Lump Sum Bid" on the Bid Form are approximate only for use as a basis for comparison of Bids and are not to be taken to be either representations or warranties. The City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith. The Bidder further declares that the only person or parties interested in the Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of the City of Kenai, and that the Bid is made without any connection or collusion with any person submitting another Bid. The Bidder agrees not to withdraw this bid within forty -five (45) days after the actual date of the bid opening. DOCUMENTS TO SUBMIT WITH THIS BID 1. Bid Form 2. Tax Compliance Certificate 3. Applicable Licenses 4. Non - Collusion Affidavit 5. Request for Consideration as a Local Bidder Fonn 6. Bid Bond with Powerof Attorney (If Bid exceeds $100,000.00) The Bidder agrees that if this Bid is accepted he will deliver to the City of Kenai, within 10 calendar days of Notice of Award, the following: 1. Executed Agreement 2. Certificate(s) of Insurances' 3. Construction Schedule 4. List of Subcontractors 5. Performance and Payment Bond 6. Power of Attorney and /or Corporate Resolution (See Instructions to Bidders) n Rev 2013 -04 -30 DWIBIT / 1 TO City of Kenai Public Works Department 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 FROM: CITY OF KENAI BID FORM e of Bidder's Company or Business Entity BIDDER'S DECLARATION & UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the Bidder has carefully examined the Addenda, Specifications and Drawings, Agreement, General Conditions, and Instructions to Bidders (hereinafter called 'Bid Documents "), and the location(s) where work is to be performed for the project, and that the Bidder has satisfied themselves as to the quantity and condition of work involved. It is expressly agreed that the quantities shown in the Bid Form, whether for a "Unit Price Bid" or in connection with a "Lump Sum Bid" on the Bid Form are approximate only for use as a basis for comparison of Bids and are not to be taken to be either representations or warranties. The City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith. The Bidder further declares that the only person or parties interested in the Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of the City of Kenai, and that the Bid is made without any connection or collusion with any person submitting another Bid. The Bidder agrees not to withdraw this bid within forty -five (45) days after the actual date of the bid opening. DOCUMENTS TO SUBMIT WITH THIS BID 1. Bid Form 2. Tax Compliance Certificate 3. Applicable Licenses 4. Non - Collusion Affidavit 5. Request for Consideration as a Local Bidder Form 6. Bid Bond with Power of Attorney (If Bid exceeds $100,000.00) The Bidder agrees that if this Bid is accepted he will deliver to the City of Kenai, within 10 calendar days of Notice of Award, the following: 1. Executed Agreement 2. Certificate(s) of Insurances' 3. Construction Schedule 4. List of Subcontractors 5. Performance and Payment Bond 6. Power of Attorney and /or Corporate Resolution (See Instructions to Bidders) w # Rev 2013 -04 -30 \& k� \( }/ \/ \M EXHIBIT Page / o DH # } ) ) ( ( 2 } \ \ \ \ \ \ \ \ di m . ! k ) ] EXHIBIT Page ply l7 N m z Z Y K Q O a W 0 LL N Q V ci W. O ° CL 0) Q C C a a VO Z v Q Z W Y u d 'o IL co, C(� R m Q O O V c O Z v J h y � ) O V u J N d W \% m O > V x a `o \i m a m Y a � \ ti a Q S v -� cn w U m r EXHIBIT 0I 2 K) s a EXHIBIT 0I 2 WINCE — CORTHELL — BRYSON Consulting Engineers Box 1041 Kenai, Alaska 99611 Phone 907 - 283 -4672 Fax 907 -283 -4676 E -Mail cmadden(d2wcbalaska.com TO: Mary Bondurant, Airport Manager Sean Wedemeyer, Public Works Director 7 FROM: Casey Madden I SUBJECT: Airfield Marking Project Bid Opening DATE: September 10, 2013 Two bids were received and opened at 2:00 PM at City Hall for the subject project. The bids were checked and the low bid was corrected for an extension error on bid item P -620a 1. Northwest Contracting dba Pacific Asphalt $ 230,660.08 2. Specialized Pavement Marking, Inc. $ 403,275.53 3. Engineers Estimate $ 424,754.80 All bid documents were in order however Pacific Asphalt was not on the plan holders list as required in the invitation to bid. As both contractors acknowledged addendum 1 and listed their DBE participation as 0% there appears to be no advantage of one over the other due to the required bid process and the City could consider waiving that requirement. Pacific Asphalt was contacted and indicated that their bid was firm and no bid error occurred, Pacific Asphalt was at one time owned by Quality Asphalt Paving and in fact painted the runway project in 2008 where problems were encountered due to the lateness of the season. It is my understanding that they do possess the equipment to apply the markings as specified and are prepared to complete this project as bid. WCB recommends award of the project to Pacific Asphalt in the amount of $ 230,660.08 EXHIBIT Philip w. arson PE (retired) Alan N. Corthell PE Crank W. wince PE (Deceased)) Mark E. Manning PE E. Casey Madden PE Rick Koch From: krisjon.tabisola @faa.gov Sent: Friday, September 13, 2013 10:31 AM To: Sean Wedemeyer; Rick Koch; Mary Bondurant; Scott Bloom Cc: Casey Madden; jim.lomen @faa.gov; brad.garland @faa.gov; Craig.Black @faa.gov Subject: Kenai Municipal Airport - Airfield Marking Project - Anticipated AIP 3 -02- 0142- 049 -2013 Mary, Sean, and Rick, We spoke by telephone yesterday afternoon to discuss what appears to us to be a minor irregularity with one of the two bids the City of Kenai received in response to its bid solicitation for the subject project at the Kenai Municipal Airport. Given the circumstances you described, we would not find a decision by the City to apply Clause 12 of the solicitation and waive the low bidder's failure to join the plan holders list as a minor bid irregularity to be inconsistent with any of the laws, regulations, or policies applicable to our grant review process. In short, we would have no objection to such a decision. Please let me know if you have any further questions. Sincerely, Krisjon Krisjon Tabisola, E.I.T. Project Manager, AAL -623 FAA Airports Division Alaskan Region kris ion.tobisolaCa faa.gov (907) 271 -3785 phone (907) 271 -2851 fax EXHIBIT Page / of "Sevavivt�t3 t&C�v�as� Kev1a v peyu Matta:' na , 305 N. WILLOW ST. SURE 200 KENAI, ALASKA 99611 TELEPHONE 907 - 2837951 FAX 907. 2833737 Municipal Airport Illllemo To: Rick R. Koch - City Manager Thru: Terry Eubank — Finance Director 1 ' From: Mary Bondurant - Airport Man. Date: September 18, 2013 Subject: Ordinance 2720 -2013 (SUBSTITUE) - Airfield Marking Project 2013 The purpose of this memo to clarify the changes to Ordinance 2720 -2013 SUBSTITUTE. The Ordinance (SUBSTITUE) was submitted with blanks in regards to the provisions approving award of the contract to the low bidder. The correct information could not be confirmed by the packet deadline of September 11. The following amendments are recommended to provide the missing information consistent with the bid and the Administration's recommendation to award: 1. Amend the 50' WHEREAS clause to read as follows: Northwest Contracting, Inc. dba Pacific Asphalt was low bidder and the FAA concurs and approves award of the Airport Marking Project to Northwest Contracting, Inc. dba Pacific. Asphalt; and, 2. Amend the 61h WHEREAS clause to read as follows: the FAA has indicated that the entire project estimated at $ 278,366 will be eligible for reimbursement (93.75% FAA and 6.25% split between the State of Alaska Department of Transportation and the City of Kenai); and, 3. Amend 7`h WHEREAS clause to read as follows: Ordinance 2639 -2012 provides Airport funds in the amount of $20,000 for initial engineering and design which will satisfy the www.kenai.airport.com Airport's required match of $ 8,699 for acceptance of both the FAA and State of Alaska Department of Transportation grants. 4. Amend Section 2. to read as follows: That the City Manager is authorized to accept grants from the Federal Aviation Administration and the State of Alaska in the amounts of $260,968 and $8,699 for the Kenai Municipal Airport's Airfield Marking Project and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this ordinance. 5. Amend Section 3. To read as follows: That the estimated revenues and appropriations be increased as follows: Airport Improvement Capital Fund Increase Estimated Revenues: Federal Grant $260,968 State Grant 8.699 $269_667 Increase Appropriations: Construction $2 Further by this memo, now that the financial impact of the project to the City is understood, the Finance Department provides its approval of Ordinance No. 2720 -2013 (SUBSTITUTE). www.kenai.airport.com W L A. A.. JVIXL .F.G ASSI TMng Lft M Me FWieg- September 18, 2013 Riverside Assisted Living Soldotna, Inc. 390 Lovers Lane Soldotna, AK 99669 Robert J. Molloy, Council Members Kenai City Council Kenai, Alaska RE: City of Kenai Resolution No. 2013 -63 Mr. Molloy and Council Members: gr - -� 18 2413 V<erui Ciiy Ctark's pNice We wish to acknowledge and collaborate on the comments submitted to you by the ALAA (Assisted Living Association of Alaska), as well as make a few observations respective to Riverside Assisted Living's projected services in Kenai. We are writing this letter in support of your Resolution No. 2013 -63, which supports the assisted living industry, its residents and families, as well as this fine community. The privately owned and operated assisted living homes are a remarkably effective tool in the short-term as well as long -term planning and implementation of affordable care "as the centerpiece of the care continuum for seniors and their families in the community." However, it is vitally important that the newly proposed DHSS (Department of Health & Social Services) changes to Medicaid coverage and payment regulations specific to home and community -based waiver services, rates and personal care services... not be enacted. We believe that the disparity between governmentally owned and operated and privately owned and operated facilities, is simply too prohibitive. To increase the payment rate to governmentally owned facilities (such as the 6 large Pioneer Homes statewide) by over 200% while lowering the rate for 17+ bed privately owned facilities (like Riverside) by 20 %, is discriminatory, wrong, and demonstrates poor financial oversight of those governmentally owned facilities. For Riverside, this equates to a loss of $510 /day per 17 beds. At normal occupancies, these reductions would create substantial revenue losses. The lost income isn't "extra" money; running a quality assisted living home is not cheap. The private assisted living industry has financially suffered greatly over the past decade due to inadequate rate structures for Medicaid, and has lost some good homes across the state to voluntary closure because of it. The passing of the proposed DHSS Medicaid rate changes would serve to remove private capital and projects from the area. These facilities, together with the services they bring with them, are crucial for the growth and continuance of an economically secure base. We desire for our seniors and those in need of services to be able to continue to live in this community and have available services necessary for a high quality of life. Many small -to- midsized Alaskan communities (like Kenai) struggle with the historical attrition of retirees (to Anchorage or out of state). These services are vital to stemming that tide of demographical attrition among seniors and the associated economical losses. The currently proposed DHSS rate changes and regulations jeopardize those efforts. As you are aware, Riverside has purchased land, submitted and received entitlement authorizations, and made preparations for expansion of its KPB services to Kenai. Based on the proposed DHSS rate changes to Medicaid... we would not be able to continue our development in good financial faith with such drastic measures in play. In order for tens of millions of dollars of private capital to flow into these various projects, investors need to be assured that future rate structures will not be radically changed from year to year. Alaska's 50+ population is growing (as elsewhere) and the infrastructure needed to meet the needs of the coming baby boomer senior services dilemma will be a challenge. While Riverside and those involved in the assisted living industry are very cognizant of budget cutting measures, any proposal needs to accurately capture the true costs of providing the services needed at the level of care required, and then adequately funding those costs. We believe that it would be in the best interest of all concerned to extend the hold harmless period for all rates until June 30, 2014. This would signify that all providers would operate at the hold harmless rates of July 1, 2013 until July 1, 2014, yet continue to search for ways to adequately base new rates that would support this vital industry. Riverside appreciates all the time and effort that has been put into objectively analyzing and consequently opposing these proposed rate changes ... that would serve, if it becomes law, to cripple and devastate not only this industry, but we believe the community as a whole. Please feel free to contact me if you have questions, comments, or concerns Respectfully, Cory Castagneto Riverside Assisted Living ccastagneto@riversideassistedliving.com MMA ASSISTED LIVING ASSOCIATION OF ALASKA September 17, 2013 Robert J. Molloy, Council Member Kenai City Council Kenai, Alaska RE: City of Kenai Resolution No. 2013 -63 Mr. Molloy: 6 IE CEI V £rP i 8 [013 al "Ity Clarl" s Office Kenai Peninsula Branch 2030 Muldoon Rd Anchorage, AK 99504 We are writing this letter in support of your Resolution No. 2013 -63, which supports the assisted living industry, its residents and families, as well as this fine community. The privately owned and operated assisted living homes are a remarkably effective tool in the short-term as well as long -term planning and implementation of affordable care "as the centerpiece of the continuum for seniors and their families in the community." However, it is vitally important that the new proposed changes to the Medicaid coverage and payment regulations specific to home and community -based waiver services, rates, and personal care services not be enacted. We believe that the disparity between governmentally owned and operated and privately owned and operated facilities is simply too prohibitive. To increase the rate of a governmentally owned facility by over 200% while lowering the rate for privately owned facilities by 7.8% to 20% (depending on the size of the home) just seems wrong. There are those assisted living homes in this area that would lose over a quarter million dollars a year with the enactment of these regulations and the cuts to their present rates (that's over $70.12 per day on a 10 bed home). The lost income isn't "extra" money; running an assisted living home properly isn't cheap. The private assisted living industry has financially suffered greatly over the past decade, and we have lost some good homes across the state to voluntary closure because of it. The passing of the proposed Medicaid changes would serve to remove private capital and projects from the area. These facilities together with the services they bring with them are crucial for the growth and continuance of an economically secure base. We desire for our seniors and those in need of services to be able to continue to live in this community and have available services necessary for a high quality of life. The currently proposed regulations jeopardize that. While the association and those involved in the assisted living industry are very cognizant of budget cutting measures, any proposal needs to adequately and accurately capture the costs of providing the services needed at the level of care required. We believe that it would be in the best interest of all concerned to extend the hold harmless period for all rates until June 30, 2014. This would signify that all providers would operate at the hold harmless rates of July 1, 2013 until July 1, 2014, yet continue to search for ways to adequately base new rates that would support this vital industry. The association appreciates all the time and effort that has been put into this critical issue that would serve, if it becomes law, to cripple and devastate not only the industry but we believe the community as a whole. Please feel free to contact me directly if you have questions, comments, or concerns. Respectfully, Sherry Mettler, Consultant (907) 242 -5282 smrkCcDak.net / "V llaye with a Past, Git with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 tIII�I 1992 theu�,oj Zl MEMORANDUM KENAIALASKA TO: Finance Department FROM: Sean Wedemeyer, Public Works Director W DATE: September 18, 2013 SUBJECT: Substitute Memo for Kenai Asphalt and Concrete Improvements 2013 Change Order One Please increase PO 102606 to North Star Paving & Construction by $11,912.84 for Change Order One. Change Order One is for the following items; 1. Remove manhole repairs from contract. ($10,625) 2. Additional street repairs. $17,090 3. Replace existing light pole base at Public Safety Building (PSB) parking lot. $2,500 4. Adjust final quantities at PSB parking lot. $1,800 5. Adjust final quantities at library book drop drive. $1,147.84 For Council Approval: September 18, 2013 As I was reviewing the council packet I noticed an earlier version of my memo was included to support the increase of this PO. Near the council packet deadline I identified additional street repairs that I want to accomplish under this contract. This memo correctly identifies the amounts of additional work and the total increase to the PO on page 39 of the packet. AGENDA KENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 18, 2013 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker, - thirty (30) minutes aggregated) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Joseph Jolly, President of Kenai Senior Connection, Inc. — Donation of a New Meals on Wheels Van to the City of Kenai. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker,, thirty (30) minutes aggregated) 1. Ordinance No. 2720 -2013 — Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield MarkingProject ...................... ......... ....................................................................... Pg 5 • Substitute Ordinance No. 2720 -2013 — Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project and Awardingthe Project . ........................................................................... Pg 9 2. Ordinance No. 2721 -2013 — Accepting and Appropriating a Grant from the National Aeronautics and Space Administration for Employee Travel and Training..................................................................................... .............................Pg 13 3. Resolution No. 2013 -62 — Accepting the Donation of a 2013 Ford Transit from the Kenai Senior Connection, Inc. to be Used as a Meals -On- Wheels DeliveryVan . ......................................................................................................... Pg 17 4. Resolution No. 2013 -63 — Opposing Proposed Changes to Regulations that Substantially Decrease the Medicaid Daily Service Payment Rates for Privately Owned and Operated Assisted Living Facilities ........ ............................... Pg 19 E. MINUTES 1. *Regular Meeting of September 4, 2013 .................................. ............................... Pg 29 2. *Work Session of September 10, 2013 ...................................... .............................Pg 35 F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified .................................. ............................... Pg 37 2. *Action /Approval — Purchase Orders Exceeding $15, 000 ..... ............................... Pg 39 3. *Action /Approval — 2013 Election Precinct Boards ................ ............................... Pg 41 4. *Action/ Approval — Easement to Homer Electric Association, Inc. for the purpose of Maintaining Underground Electrical Lines Situated Within Kenai Spit Subdivision According to Plat Number 89 -12, Section 33, Township 5 North, Range 11 West, Seward Meridian, Alaska ..................... .............................Pg 43 5. Action /Approval — Mayoral Nomination and Council Confirmation of Applicant to the Parks & Recreation Commission ..................... .............................Pg 51 6. *Ordinance No. 2722 -2013 — Amending Kenai Municipal Code Section 1.75.020, Bad Check Service Charges, to Eliminate References to State Statute.................................................................................... ............................... Pg 53 7. *Ordinance No. 2723 -2013 — Accepting and Appropriating a Donation from the Kenai Senior Connection for the Purchase of Radio Equipment to be Installed in a New Meals -On- Wheels Delivery Van Donated by the Kenai Senior Connection to the City ................................................... .............................Pg 57 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee City of Kenai Council Meeting Agenda Page 2 of September 18, 2013 1. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager ............................................................................ .............................Pg 61 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None M. PENDING ITEMS — None N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review ............................Pg 73 2. 2013 Election Canvassing Board Memorandum from City Clerk ... ............................... Pg 75 3. Rebecca Lambourn's Resignation from the Parks & Recreation Commission ............. Pg 77 The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . 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. �,.y of Kenai Council Meeting Agenda Page 3 of 3 September 18, 2013 THIS PAGE IS INTENTIONALLY LEFT BLANK Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2720 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION AND FROM THE STATE OF ALASKA FOR THE AIRFIELD MARKING PROJECT. WHEREAS, the City received a letter of correction from the Federal Aviation Administration (FAA) indicating that the airfield marking is faded and without reflective beads which creates a safety issue; and WHEREAS, the Airport is required to remark the paved areas based on compliance and certification obligations; and WHEREAS, it has been determined that the Airfield Marking Project is eligible for Airport Improvement funds; and WHEREAS, the FAA has indicated that the entire project estimated at $550,000 will be eligible for reimbursement (93.75% FAA and 6.25% split between the State of Alaska Department of Transportation and the City of Kenai); and, WHEREAS, Ordinance 2639 -2012 provided Airport Funds in the amount of $20,000 for initial engineering and design which will satisfy the Airport's required match of $17,188 for acceptance of both the FAA and State of Alaska Department of Transportation grants. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form. That this is a non -code ordinance. Section 2. That the City Manager is authorized to accept grants from the Federal Aviation Administration and the State of Alaska in the amounts of $ 515,625 and $17,187 respectively for the Kenai Municipal Airport's Airfield Marking Project and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 3. That estimated revenues and appropriations be increased as follows: Airport Improvement Capital Project Fund Increase Estimated Revenues: Federal Grants $515,625 State Grants 17.187 812 Page 5 of 77 Ordinance 2720 -2013 Page 2 of 2 Increase Appropriations: Airfield Marking Project Construction 2 812 Section 4. That pursuant to KMC 1.15.0700 this Ordinance shall take effect immediately upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: ✓`/ Introduced: September 4, 2013 Enacted: September 18, 2013 Effective: September 18, 2013 New Tent Underlined; DELETED TEXT BRACKETED Page 6 of 77 "SWV4W 1&QrWtBr keiur v 1Peln&4 clw" Lr■ ■a 3O5N.W1LOWST.SURE20n IBMALASKA99MI TELEPHONE 907483795, FAX 907,2833737 Municipal Airport Memo To: Rick R. Koch - City Manager From: Mary Bondurant - Airport Manag Date: August 27, 2013 Subject: Fund Appropriation — Airfield Marking Project 2013 During a 139 certification inspection, the FAA issued a Letter of Correction to the Kenai Municipal Airport noting that the airfield markings were faded and without reflective beads creating a safety hazard to all airport users. Over the past several years, the airfield remarking/marking costs were included in the airport improvement construction projects and the Airport did not have to budget maintenance and operation funds for any airfield painting. There is no construction projects scheduled that would include airfield painting at this time. Due to the enormous cost of painting the entire airfield to FAA standards, I asked for and received approval for this project to be grant eligible under the Airport Improvement Program. The FAA will contribute 93.75% with the City and the State of Alaska splitting the difference. At the July 18, 2012 meeting, City Council appropriated $20,000 to Wince- Corthel]- Bryson to prepare the specifications and bid documents. The FAA approved the documents and gave approval to advertise the project on August 15, 2013 (email attached). The Airfield Marking Project is currently advertised, with a pre -bid conference scheduled for August 29, 2013, and the bid opening scheduled for September 10, 2013. In order to keep the project moving forward in a timely order, an ordinance appropriating funds should be included in the September 4, 2013 Council packet. Since the bid opening is not until September 10, 2013, the ordinance has an estimated project cost. After the bid opening and verification of the successful bidder, a grant application with the actual project costs will be sent to the FAA for consideration. A substitute ordinance will be included in the September 18, 2013 Council packet for Council approval. The project is scheduled to begin in the spring of 2014. If you have any questions, please contact me. Cc: Terry Eubank — Finance Manager www.kenai,airport.com Page 7 of 77 Mary Bondurant From: kdsjon.tabisola @faa.gov Sent: Thursday, August 15, 2013 5:23 PM To: Mary Bondurant Cc: Casey Madden (cmadden @vmbalaska.00m); Kayla Fettman Subject: Re: Airfield Marking - Sponsor certifications Hi Mary, The FAA concurs with the City of Kenai's request to advertise this project. As we discussed on the phone today, please submit the Construction Safety and Phasing Plan to the FAA via the OEAAA system and we'll get that moving simultaneously through the system for comment. Slncerley, Krisjon Krisjon Tabisola, E.I.T. Project Manager, AAL -623 FAA Airports Division Alaskan Region krision.tablsola Waa.aov (907) 271 -3785 phone (907) 271 -2851 fax Floor. Mary Bondurant �mbondurarAQCl kenal ak us> AAL -601, Airports DMSIOn To: Krisjon TablsolalAAUFAA @FAA, Cc: Kayla Fettman < kleltmanrdld.kenaLak.us >. "Casey Madden (cmadden9ewcbalaska cora)" - p=addenffwcbalaska.com> Datu 0811 212 013 03:14 PM ;obiac!: Airfield Marking- Sponsor certificadens Krisjon — attached as requested. Let me know if you need anything else. Please consider email our request to advertise. Thank you. Mary L. 13orAt-Wa4nt Airport Manager Kenai Municipal Airport 305 N. Willow St., Suite 200 Kenai, AK 99611 tel: 907.283.8282 Page 8 of 77 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2720 -2013 (SUBSTITUTE) AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION AND FROM THE STATE OF ALASKA FOR THE AIRFIELD MARKING PROJECT AND AWARDING THE PROJECT. WHEREAS, the City received a letter of correction from the Federal Aviation Administration (FAA) indicating that the airfield marking is faded and without reflective beads which creates a safety issue; and WHEREAS, the Airport is required to remark the paved areas based on compliance and certification obligations; and WHEREAS, it has been determined that the Airfield Marking Project is eligible for Airport Improvement funds; and WHEREAS, with Federal Aviation Administration (FAA) approval the project was advertised and two sealed bids were received and opened on September 10, 2013; and WHEREAS, was low bidder and the FAA concurs and approves award of the Airport Marking Project to ; and WHEREAS, the FAA has indicated that the entire project estimated at $ will be eligible for reimbursement (93.75% FAA and 6.25% split between the State of Alaska Department of Transportation and the City of Kenai); and, WHEREAS, Ordinance 2639 -2012 provide Airport Funds in the amount of $20,000 for initial engineering and design which will satisfy the Airport's required match of $ for acceptance of both the FAA and State of Alaska Department of Transportation grants. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form. That this is a non -code ordinance Section 2. That the City Manager is authorized to accept grants from the Federal Aviation Administration and the State of Alaska in the amounts of $ and $ for the Kenai Municipal Airport's Airfield Marking Project and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this ordinance. Page 9 of 77 Ordinance 2720 -2013 Page 2 of 2 Section 3. That estimated revenues and appropriations be increased as follows: Airport Improvement Capital Proiect Fund Increase Estimated Revenues: Federal Grants $ State Grants Increase Appropriations: Airfield Marking Construction $ Section 4. That pursuant to KMC 1.15.070(f) this Ordinance shall take effect immediately upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: Introduced: September 4, 2013 Enacted: September 18, 2013 Effective: September 18, 2013 New Teat Underlined; [DELETED TEXT BRACKETED] Page 10 of 77 Municipal Airport 305 N. wrLLOw ST. SURE 200 KE?,1M, ALASKA 99011 TELEPHONE 907 - 2837951 FAX 907,2833737 To: Rick R. Koch - City Manager ` 7 .l From: Mary Bondurant - Airport Man a1 fA Date: September 11, 2013 Subject: Ordinance 2720 -2013 ( SUBSTITUE) - Airfield Marking Project 2013 The purpose of this memo to clarify the changes to Ordinance 2720 — 2013 SUBSTITUTE. To keep the Airfield Marking Project moving forward to secure FY2013 FAA grant funds, an ordinance appropriating project estimated funds was included in the September 4, 2013 Council packet. Since that meeting, the project advertising concluded and a bid opening held on September 10, 2013. Two bids were received: Northwest Contracting dba Pacific Asphalt $230,660.08 Specialized Pavement Marking, Inc. $403,275.53 All bids were found in order and the FAA concurs on award to the low bidder for the project. A grant application will be completed and forwarded to the FAA with the actual project construction costs. The project is scheduled to begin in the spring of 2014. If you have any questions, please contact me. Attachments Cc: Terry Eubank — Finance Manager Sean Wedemeyer — Public Works www.kenai.aii-port.com Page 11 of 77 Mary Bondurant From: krisjon.tabisola @faa.gov Sent: Wednesday, September 11, 2013 11:47 AM To: Casey Madden Cc: Mary Bondurant; Sean Wedemeyer Subject: RE: FW: Airfield Marking Bid Opening and award recommendation Mary, I concur on award to the apparent low bidder for this project, Northwest Contracting dba Pacific Asphalt, 11350 S Gambell, Anchorage Alaska 99515, for the Total Basic Bid amount of $230,660.08. Feel free to contact me with additional comments or questions. I look forward to seeing your finalized Grant Application and Risk -Model forms (per earlier correspondence) in the near future. Sincerely, Krisjon Krisjon Tabisola, E.I.T. Project Manager, AAL -623 FAA Airports Division Alaskan Region krisjon.tabisola(&- faa.aov (907) 271 -3785 phone (907) 271 -2851 fax Page 12 of 77 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2721 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION FOR EMPLOYEE TRAVEL AND TRAINING. WHEREAS, the Kenai Community Library has received a $1,200 grant from the National Aeronautics and Space Administration (NASA) for the Children's Librarian to attend a NASA sponsored training program entitled "It's a New Moon "; and, WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate these grant funds to provide staff training that will expand and enhance the services provided to young audiences and families at the Library. Section 1. Form. That this is a non -code ordinance. Section 2. That the City Manager is authorized to accept a grant from the National Aeronautics and Space Administration in the amounts of $ 1,200 for staff attendance of "It's a New Moon", a NASA sponsored training program and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 3. That estimated revenues and appropriations be increased as follows: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Federal Grants $1,200 Increase Appropriations: Library - Transportation $1,200 new iexc unaeraned; DELETED TEXT BRACKETED) Page 13 of 77 Ordinance No. 2721 -2013 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: September 4„ 2013 Adopted: September 18, 2013 Effective: September 18, 2013 New Text Underlined; ]DELETED TEXT BRACKETED] Page 14 of 77 "V'ilaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illy 1992 MEMO: TO: Rick Koch FROM: Mary Jo Joiner DATE: August 27, 2013 SUBJECT: NASA Space Science Program Training Kyrstin Floodeen, our Children's Library Assistant applied for a special training program "It's a New Moon" sponsored by NASA for librarians and her application was accepted. Attendance was limited to 40 participants with only 30 of those receiving the stipend to cover the costs of attending. Kyrstin will be at NASA's Wallops Flight Facility in Virginia to see the LADEE Mission Launch on September 5 -6, 2013. She will also get a VIP tour of the facility. NASA's Lunar Atmosphere and Duse Environment Explorer ( LADEE) is a robotic mission that will orbit the moon to gather detailed information about the lunar atmosphere, conditions near the surface and environmental influences on lunar dust. The training includes instructions and ideas for hands -on activities for presenting space science programs to young audiences and families. She will receive activity guides, and programming resources to bring back to the library. This is an opportunity for her to collaborate with other public library staff from around the country and educators to become part of a growing Explore community. Page 15 of 77 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 16 of 77 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2013 -62 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING THE DONATION OF A 2013 FORD TRANSIT FROM THE KENAI SENIOR CONNECTION, INC. TO BE USED AS A MEALS -ON- WHEELS DELIVERY VAN. WHEREAS, the Kenai Senior Connection, Inc. purchased and has donated a 2013 Ford Transit to the City of Kenai; and, WHEREAS, funding for the van purchase was received through generous donations to the Kenai Senior Connection, Inc. from the citizens of Kenai, Kenai small businesses, Peak Oilfield Service Company, Best Transit, and raised by the Kenai Senior Connection, Inc. at its 2013 March for Meals fundraiser; and, WHEREAS, the donation of the van will enhance the Kenai Senior Center's Meals -On- Wheels program by assisting in delivering approximately 25,000 meals yearly. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai accepts the Kenai Senior Connection, Inc.'s generous donation of a 2013 Ford Transit to be used by and enhance the City of Kenai Senior Center's Meals -On- Wheels program. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Page 17 of 77 "'Villaye wifA a Past, C# witk a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us kTO: FROM: DATE: REFERENCE: MEMORANDUM Rick Koch, City Manager Rachael Craig, Senior Center Director September 11, 2013 Senior Connection, Inc. Donation of Meals Van This MEMO is in reference to the Resolution where the City of Kenai accepts the Meals on Wheels Van from Kenai Senior Connection, Inc. On January 25, 2013, Senior Connection, Inc. voted unanimously to purchase a meals van with the funds raised at the "March for Meals" fmdraiser held on March 22, 2013. Kenai Senior Connection, Inc. raised $22,000 during the "March for Meals" annual fundraiser. The cost of the van was $22, 413.00; this included license, wording painted on the van and the vehicle. Currently, we have 80 home meal clients that we serve daily. The new vehicle donated by Kenai Senior Connection, Inc.. will allow the Senior Center to split the current meal route into two routes. Having two routes will provide more efficiency and meals will be delivered in a more timely fashion. Page 18 of 77 Sponsored by: Council Member Molloy CITY OF KENAI RESOLUTION NO. 2013 -63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING PROPOSED CHANGES TO REGULATIONS THAT SUBSTANTIALLY DECREASE THE MEDICAID DAILY SERVICE PAYMENT RATES FOR PRIVATELY OWNED AND OPERATED ASSISTED LIVING FACILITIES. WHEREAS, the Kenai City Council has consistently recognized the critical importance of both independent living facilities and assisted living facilities as the centerpieces of the long -term care continuum for seniors and their families in Kenai; and, WHEREAS, seniors desire and require affordable independent living and assisted living housing and services; and, WHEREAS, the availability of such housing and services helps curb the attrition of seniors leaving Kenai after retirement, and generates jobs and revenue in the Kenai economy for health care providers and for vendors of other services, food and other supplies; and, WHEREAS, in 1992, the City of Kenai established the Vintage Pointe Manor as an independent living facility for senior housing in Kenai, and the City has operated this independent living facility continuously since then, providing senior housing for seniors able to live independently; and, WHEREAS, the City of Kenai does not provide an assisted living facility; and, WHEREAS, for many years, the Kenai City Council and Administration have supported the interests and efforts of nonprofit agencies and private developers in studying the feasibility of developing and operating assisted living facilities in Kenai, in recognition of the benefits such services will provide to the community; and, WHEREAS, private developers of assisted living facilities have private capital at risk, and their projects must be economically viable or such projects will not be developed or maintained; and, WHEREAS, many seniors cannot afford private assisted living rates without assistance, but can afford to rent units in private assisted living facilities which accept seniors on the Medicaid home and community-based waiver program; and, WHEREAS, privately owned assisted living facilities that accept seniors on the Medicaid home and community-based waiver program must accept the Medicaid daily payment rates that are paid by the Alaska Department of Health and Social Services Page 19 of 77 Resolution No. 2013 -63 Page 2 of 3 (Department) under the Medicaid home and community -based waiver program for seniors on Medicaid; and, WHEREAS, the Medicaid daily payment rates paid by the Department for seniors on waivers are an important component of revenue considered by private developers in deciding upon the feasibility of developing an assisted living facility in Kenai as well as the continued viability of existing facilities; and, WHEREAS, increases in the Medicaid daily payment rates for assisted living facilities with 17 or more beds from $144.78 per unit per day (ending June 30, 2011) to $155.01 per unit per day (ending June 30, 2014) were critically important to the feasibility and the business plans of developers on the Kenai Peninsula and throughout the State of Alaska; and, WHEREAS, the Department's proposal to adopt regulation changes that will decrease the Medicaid daily payment rates for privately owned and operated assisted living facilities with 17 or more beds from $155.01 per unit per day to $124.81 per unit per day beginning July 1, 2014, an approximately 20% reduction in payment rate, equates to a loss to privately owned facilities of $30.20 per unit per day and losses of approximately $906.00 per unit per month from existing rates; and, WHEREAS, the Department's proposal to adopt regulation changes that will decrease the Medicaid daily payment rates for smaller privately owned facilities and operated assisted living facilities with 5 or fewer beds from $141.08 per unit per day (ending June 30, 2014) to $130.00 per unit per day (beginning July, 2014), results in an approximately 8.5% reduction in payment rate, which equates to a loss to privately owned facilities of $11.08 per unit per day and losses of approximately $332.40 per unit per month; and, WHEREAS, in contrast, the Department proposes to adopt regulation changes for state government owned and operated providers that will increase the Medicaid daily payment rates from $155 per unit per day to $354.55 per unit per day, an increase of over 200% for state owned and operated facilities; and, WHEREAS, these substantial decreases in payment rates to privately owned and operated providers, if adopted, will likely be financially devastating to existing private providers and discourage any new development; and, WHEREAS, three seniors recently transitioned out of the Vintage Pointe Manor, and the Kenai Senior Center staff referred two of the seniors to local privately owned assisted living facilities; and, WHEREAS, these substantial decreases in payments likely will force private providers to accept less seniors on Medicaid or to go out of business and close their facilities, reducing the referral options for Kenai Senior Center staff, potentially eliminating referrals to local licensed facilities; and, WHEREAS, these substantial decreases in payment rates to privately owned and operated providers, if adopted, will harm seniors and their families by the loss of assisted living facilities, which will limit placement options; the alternatives being Page 20 of 77 Resolution No. 2013 -63 Page 3 of 3 more in -home care and more long -term nursing care in nursing homes, which is more expensive, or re- location to assisted living facilities far away from Kenai, and even outside the State of Alaska, defeating this Council's goal of keeping seniors in our community for the benefit of the community. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City of Kenai opposes the Department's proposed regulation changes that will substantially decrease the Medicaid daily payment rates for privately owned and operated assisted living facilities in the State of Alaska. Section 2. That a copy of this resolution be sent to Randall Schlapia, Department of Health and Social Services, Office of Rate Review, 3601 C Street, Suite 978, Anchorage, AK 99503, before the public comment period closes on October 1, 2013. Section 3. That copies of this resolution be sent to Governor Sean Parnell, Lt. Governor Mead Treadwell, Commissioner William Streuer (Department of Health and Social Services), Senate President Charlie Huggins, Speaker of the House Mike Chenault, Senator Peter Micciche, Representative Kurt Olson, and Kenai Borough Mayor Mike Navarre. Section 4. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2013. PAT PORTER, MAYOR MIKE BOYLE, COUNCIL MEMBER ROBERT MOLLOY, COUNCIL MEMBER TERRY BOOKEY, COUNCIL MEMBER ATTEST: Sandra Modigh, City Clerk RYAN MARQUIS, VICE MAYOR TIM NAVARRE, COUNCIL MEMBER BRIAN GABRIEL, COUNCIL MEMBER Page 21 of 77 Resolution No. 2013 -63 Page 3 of 3 more in -home care and more long -term nursing care in nursing homes, which is more expensive, or re- location to assisted living facilities far away from Kenai, and even outside the State of Alaska, defeating this Council's goal of keeping seniors in our community for the benefit of the community. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City of Kenai opposes the Department's proposed regulation changes that will substantially decrease the Medicaid daily payment rates for privately owned and operated assisted living facilities in the State of Alaska. Section 2. That a copy of this resolution be sent to Randall Schlapia, Department of Health and Social Services, Office of Rate Review, 3601 C Street, Suite 978, Anchorage, AK 99503, before the public comment period closes on October 1, 2013. Section 3. That copies of this resolution be sent to Governor Sean Parnell, Lt. Governor Mead Treadwell, Commissioner William Streuer (Department of Health and Social Services), Senate President Charlie Huggins, Speaker of the House Mike Chenault, Senator Peter Micciche, Representative Kurt Olson, and Kenai Borough Mayor Mike Navarre. Section 4. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2013. PAT PORTER, MAYOR RYAN MARQUIS, VICE MAYOR MIKE BOYLE, COUNCIL MEMBER TIM NAVARRE, COUNCIL MEMBER ROBERT MOLLOY, COUNCIL MEMBER TERRY BOOKEY. COUNCIL MEMBER ATTEST: Sandra Modigh, City Clerk BRIAN GABRIEL, COUNCIL MEMBER Page 22 of 77 'Villa ,qe with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter, Council Members and Student Representative FROM: Council Member Bob Molloy n DATE: 09 -11 -13 d!l/ SUBJECT: Resolution No. 2013 -63 l This resolution expresses the City of Kenai's opposition to the Department of Health and Social Services' ( "Department's ") proposed regulation changes that will substantially decrease the Medicaid daily payment rates for privately owned and operated assisted living facilities in the State of Alaska. The Notice of Proposed Changes in Regulations states that any written comment must be submitted to Randall Schlapia, Office of Rate Review, 3601 C Street, Suite 978, Anchorage, AK, 99503 no later than 4:00 p.m. on October 1, 2013. The Notice also states that: After the public comment period ends, the Department of Health and Social Services will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected. The interests of the City of Kenai regarding the development and operation of privately owned and operated assisted living housing and services for seniors and their families in Kenai are affected by the Department's proposed changes to regulations that will substantially decrease Medicaid payment rates to those facilities. The Kenai City Council has consistently recognized the critical importance of both independent living facilities and assisted living facilities as the centerpieces of the long -term care continuum for seniors and their families in Kenai. Since 1992, the City has provided an independent living facility for seniors -- Vintage Pointe Manor — but the City does not provide an assisted living facility. For many years, the Kenai City Council and Administration have supported the interests and efforts of nonprofit agencies and private developers in studying the feasibility of Page 23 of 77 Mayor Porter and City Councilors 09 -11 -13 Page 2 of 2 developing and operating assisted living facilities in Kenai, in recognition of the benefits such housing and services will provide to the community (such as Frontier Community Services' past study of a project in Momsen Subdivision, and Charis' Place 2012 -2013 study and development of a 22 bed facility on North Forest Drive, and other potential projects). From March 1, 2011 through June 30, 2014, there have been increases in the Medicaid daily payment rates for assisted living facilities that are privately owned and operated, referred to as "Non -State Government owned and operated provider," as shown in the accompanying table. For larger facilities like the new Charts Place (17 or more beds) the increases were from $144.78 per unit per day (ending June 30, 2011) to $155.01 per unit per day (ending June 30, 2014). For the smaller smaller privately owned facilities (5 or fewer beds) the increases were from $131.77 per unit per day (ending June 30, 2011) to $141.08 per unit per day (ending June 30, 2014). These increases were critically important to the feasibility and the business plans of developers on the Kenai Peninsula and throughout the State of Alaska who developed the few new larger facilities that were developed during this time period, and also to existing providers, including the smaller smaller privately owned facilities. Medicaid rates in general are under review for cost containment across - the - board. However, the Department's proposal will substantially decrease the Medicaid payment rates to the privately owned and operated providers – by approximately 20% to the larger facilities and by approximately 8.5% to the smaller privately owned facilities. In contrast, the Department proposes to adopt regulation changes that will substantially increase the Medicaid daily payment rates from $155 per unit per day to $354.55 per unit per day for state government owned and operated providers, an increase of over 200 %. The rate decreases, if adopted, will be financially devastating to facilities in Kenai, on the Kenai Peninsula, and in the State of Alaska. Private providers likely will be forced to accept fewer seniors on Medicaid or to go out of business and close their facilities altogether, reducing the referral options for Kenai Senior Center staff, and potentially eliminating availability of local licensed facilities for placements. Seniors and their families will be harmed by the loss of assisted living facilities, which will limit placement options. The alternatives are more in -home care and more long -term nursing care in nursing homes, which is more expensive, or re- location to assisted living facilities far away from Kenai, and even outside the State of Alaska, defeating this Council's goal of keeping seniors in our community for the benefit of the community. Signature blocks for the Mayor and all Council Members are provided in Resolution No. 2013 -63. Your support of this resolution is respectfully requested. f<11— SNAP2] 0- 2T:RJM Political:Assisted Living Rates:RES Memo AL Rates.v2.doc Page 24 of 77 Ch Department of Health and Social Services Chart of Personal Care Attendant and Waiver Services Rates Rebased Rates Effective July 1 2014 (7 AAC 145.520(h)) The following are Medicaid payment rates for specified Personal Care Attendant and Waiver Services. This chart does not cover all services reimbursed by Medicaid for Waiver Services. For services not covered here, the controlling regulation should be consulted (example: Specialized Medical Equipment, Environmental Modifications, or Specialized Private Duty Nursing). Waiver Proarams: Alaskans Living Independently -ALI Adults with Physical and Developmental Disabilities - APDD Children with Complex Medical Conditions - CCMC Intellectual and Developmental Disabilities - IDD Note: Regulatory payment restrictions such as payment limits, coverage limitations, or mutually exclusive restrictions are not addressed in this rate chart. Personal Care Assistance Services - 7AAC 145.500 Service Service Unit Service Rate Procedure Code Waiver Program Personal Care - Per 15 Minute $5.64 T1019 N/A Agency Personal Care - Per 15 Minute $5.64 T1019 U3 N/A Consumer Directed August 16, 2013 Page 25 of 77 Page I of 6 0 Rebased rates effective July 1, 2014 (7 AAC 145.520(h)) Nursing Oversight and Care Management — 7 AAC 130.235 Service Service Unit Service Rate Procedure Code Waiver Program Oversight and Care Per 15 minute — Service Unit Service Rate Procedure Code Management local (service $74.63 T1016 CG CCMC, IDD ALI, APDD within 200 miles Per day $130.00 T2031 UR ALI, APDD of provider) Oversight and Care Per 15 minute — Per da $130.54 T2031 U5 Management non -local $138.50 T1016 TN CCMC, IDD (recipient greater Per da $124.81 T2031 ALI, APDD than 200 miles Per day $351.50 T2031 TG ALI, APDD from ovider Note: Non -local (greater than 200 miles) means the provider must travel to me recipient in excess of Yw miles. Residential Supported Living (RSL) — 7 AAC 130.255 - Non- State Government owned and operated provider -provider Service Service Unit Service Rate Procedure Code Waiver Program RSL - 5 or fewer beds Per day $354.55 T2031 CG ALI, APDD per EIN* Per day $130.00 T2031 UR ALI, APDD RSL - 6 to 16 beds per EIN* Per da $130.54 T2031 U5 ALI, APDO RSL - 17 or more beds per EIN* Per da $124.81 T2031 ALI, APDD RSL Per day $351.50 T2031 TG ALI, APDD Acuit Add -on ** *EIN is the provider's Employer Identification Number as issued by me mtetnai Revenue Service. me provider's residential assisted living beds must be added to determine the total. ** 7 AAC 130.267 requires that the recipient receive dedicated 1 to 1 staffing care 24 hours per day. Residential Supported Living (RSL) — 7 AAC 130.255 - State Government owned and operated provider Service Service Unit Service Rate Procedure Code Waiver Program RSL Per day $354.55 T2031 CG ALI, APDD RSL Per day $351.50 T2031 TG ALI, APDD Acui Add -on ** ** 7 AAC 130.267 requires that the recipient receive aeatcatea i to i starnng care aY avuib Puy may. 7r August 16, 2013 CGv� DEC Page 2 of 6 t c _3 �1n rti� 1►�CLJP03 Page 26 of 77 I t C) PROPOSED Rate Changes July 1, 2014 Effective Dates of Service July 1, 2013 — June 30, 2014 Residential Supported Living (RSL) — 7 AAC 130.255 - Non- State Government owned and operated rovider Service Service Unit Service Rate Procedure Code Waiver Pro am RSL - 5 or fewer Per day $141.08 72031 UR OA, APD beds erEIN ** RSL - 6 to 16 beds Per day $145.24 T2031 US OA, APD er EIN** RSL - 17 or more Per day $155.01 T2031 OA, APD beds erEIN** RSL Per day $342.59 72031 TG OA, APD Acui Add -on * ** Effective Dates of Service July 1, 2012 — June 30, 2013 Page 27 of 77 I Effective Dates of Service July 1, 2011— June 30, 2012 Residential Supported Living (RSL) — 7 AAC 130.255 - Non- State Government owned and operated provider Service Service Unit Service Rate Procedure Code Waiver Program RSL - 5 or fewer Per day $134.67 T2031 UR OA, APD beds per EIN** RSL - 6 to 16 beds Per day $138.64 T2031 US OA, APD er EIN* * RSL -17 or more Per day $147.97 T2031 OA, APD beds per EIN** RSL Per day $327.04 T2031 TG OA, APD Acuity Add -on * ** Effective Dates of Service March 1, 2011 — June 30, 2011 Residential Supported Living (RSL) — 7 AAC 130.255 - Non- State Government owned and operated provider Service Service Unit Service Rate Procedure Code Waiver Program RSL - 5 or fewer Per day $131.77 T2031 UR OA, APD beds per EIN** RSL - 6 to 16 beds Per day $135.66 T2031 US OA, APD per EIN** RSL - 17 or more Per day $144.78 T2031 OA, APD beds per EIN** RSL Per day $320.00 T2031 TG OA, APD Acuity Add -on * ** Pre 2011 Cost Rate Method htt n// medicaidalaskacom/ Downloads /Providers/TrainineMaterials Assisted Living Facility Waiver Pr esentation 2011.odf 2007 Rate Methodology t t • / /dhss alaska ,-ovldsds /Documents /does /AK HCBS initial odf Page 28 of 77 KENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 4, 2013 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on September 4, 2013, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Robert Molloy Terry Bookey Mike Boyle comprising a quorum of the Council. Also in attendance were: "Courtney Stroh, Student Representative Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Corene Hall, Deputy City Clerk 3. Agenda Approval MOTION: Vice Mayor Ryan Marquis Tim Navarre Brian Gabriel Council Member Bookey MOVED to approve the agenda and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment on consent agenda items, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal seque on the agenda as part of the General Orders. , B. SCHEDULED PUBLIC COMMENTS — None. `•, C. UNSCHEDULED PUBLIC COMMENTS — None. D. PUBLIC HEARINGS 1. Ordinance No. 2719 -2013 — Reappropriating State Grant Fund's from the Park Improvements Capital Project Fund, the City Hall Improvements Capital Project Fund, and the Municipal Roadway Improvements Capital Project Fund to the New City Shop Construction °Capital Project Fund and Appropriating Funds in the Airport and New City Shop Construction Capital Project Fund. • Substitute Ordinance No. 2719 -2013 — Reappropriating State Grant Funds from the. Park Improvements Capital Project Fund, the City Hall Improvements Capital Project Fund, and the Municipal Roadway Improvements Capital Project Fund to the New City Shop Construction Capital Project Fund. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2719 -2013, Reappropriating State Grant Funds from the Park Improvements Capital Project Fund, the City Hall Improvements Capital Project Fund, and the Municipal Roadway Improvements Capital Project Fund to the'New City Shop Construction Capital Project Fund and Appropriating Funds in the Airport and New City Shop Construction Capital Project Fund. Council Member Molloy SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak public hearing was closed. MOTION TO AMEND: Council Member Gabriel MOVED to amend by substitution, Substitute Ordinance No. 2719 -2013 — Reappropriating State Grant Funds from the Park Improvements Capital Project Fund, the City Hall Improvements Capital Project Fund, and the Municipal Roadway Improvements Capital Project Fund to the New City Shop Construction Capital Project Fund. Vice Mayor Marquis SECONDED the motion. City of Kenai Council Meeting September 4, 2013 Page 30 of 77 uty of Kenai Counc September 4, 2013 Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE ON AMENDMENT: YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre NAY: * *Student Representative: YEA AMENDMENT PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre NAY: * *Student Representative: YEA MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2013 -61 — Supporting the Challenger Learning Center's Coldwater Survival Egress Training (CSET) Facility. MOTION: Council Member Navarre MOVED to approve Resolution No. 2013 -61, Supporting the Challenger Learning Center's Coldwater Survival Egress Training (CSET) Facility and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing. Marnie Olcott, Challenger Learning Center — Ms. Olcott reported this facility would be unique to Alaska; employment would quadruple; over 900 people had completed the training in 2012; and Kenai Central High School would continue to be used as back up. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. *Regular Meeting of August 21, 2013 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified Page 31 of 77 2. *Action /Approval — Purchase Orders Exceeding $15,000 Approved by the consent agenda. 3. *Action /Approval — Easement to Homer Electric Association, Inc. for the Purpose of Maintaining Underground Electrical Lines Situated within Tract 3 Baron Park Subdivision 2012 Addition and Declaring that Subject Lands are not Needed for a Public Purpose. Approved by the consent agenda. 4. *Action /Approval — Easement to Homer Electric Association, Inc. for the Purpose of Maintaining Underground Electrical Lines Situated within Tract 1 Baron Park Subdivision 2012 Addition and Declaring that Subject Lands are not Needed for a Public Purpose. Approved by the consent agenda. 5. *Action /Approval — Easement to Homer Electric Association, Inc. for the Purpose of Maintaining Underground Electrical Lines Situated within Tract 3 Baron Park Subdivision 2012 Addition and Declaring that Subject Lands are not Needed for a Public Purpose. Approved by the consent agenda. 6. Action /Approval — Confirming the Mayor's Nomination of Applicant Diane Fikes to the Planning and Zoning Commission. MOTION: Council Member Bookey MOVED to confirm Diane Fikes as the new Planning and Zoning Commissioner and Vice Mayor Marquis SECONDED the motion. VOTE: YEA: Bookey, Gabriel, Marquis, Molloy, Navarre, Porter, Boyle NAY: "Student Representative: YEA MOTION PASSED UNANIMOUSLY. 7. Action /Approval — Schedule a Work Session with Local Legislators to Discuss the Capital Improvements Plan (CIP) List for State and Federal Funding Requests for Fiscal Year 2015. Work session was set for September 18 at 5:00 P.M. City of Kenai Council Meeting Agenda Page 4 of 3 September 4, 2013 Page 32 of 77 8. *Ordinance No. 2720 -2013 — Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project. Introduced by consent agenda and public hearing set for September 18, 2013. 9. *Ordinance No. 2721 -2013 — Accepting and Appropriating a Grant from the National Aeronautics and Space Administration for Employee Travel and Training. Introduced by consent agenda and public hearing set for September 18, 2013. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging —Vice Mayor Marquis noted the September meeting had been cancelled. 2. Airport Commission — Council Member Gabriel noted the September meeting had been cancelled. 3. Harbor Commission — Council Member Molloy noted the September meeting had been cancelled. 4. Library Commission — Council Member Boyle had no report. 5. Parks and Recreation Commission — Council Member Bookey had no report. 6. Planning and Zoning Commission — Mayor Porter noted there would be a work session regarding transitional housing on September 25. 7. Beautification Committee —Mayor Porter reported the committee met to tour the local gardens. 8. Mini -Grant Steering Committee — Mayor Porter had no report. REPORT OF THE MAYOR Mayor Porter reported the following: • Attended the Labor Day picnic. • A local Girl Scout troop donated money to the library to purchase books for the children's collection. • Congratulated the Kenai Fire Department on their water rescue. • Attended the Beacon Open House. • Attended the Fine Arts Center Open House. • Attended a dance at the Senior Center. • Noted the Library had won the 2012 design honor merit award for architecture. City of Kenai Council Meeting Agenda Page 5 of 3 September 4, 2013 Page 33 of 77 J. ADMINISTRATION REPORTS 1. City Manager— Mr. Koch reported the National Guard would be installing an armored personnel carrier at the corner near the Armory and reviewed the report on the City's permanent funds. 2. City Attorney — Mr. Bloom reported on library fines and thanked his assistant Jacqueline Van Hatten for her work on the report. City Clerk — Ms. Modigh reported absentee in person voting would begin on September 16 and run from 8:00 a.m. to 5:00 p.m. through Election Day. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Student Representative Stroh read a letter from the Kenai Central High School leadership class thanking the Council for their support. Gabriel reported he had attended Industry Appreciation Day. Navarre reported he supplied the Council with the ASAP newsletter and thanked Administration for their help during Industry Appreciation Day. Boyle reported attending the AML Summer Meeting in Valdez; noting attending sessions about PERS and Health Insurance Reform. Molloy reported receiving information from the Department of Health and Social Services on regulations on assisted living facilities. L. EXECUTIVE SESSION — None M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:52 p.m. Minutes prepared and submitted by: Corene Hail, CMC, Deputy 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. City of Kenai Council Meeting Agenda Page 6 of 3 September 4, 2013 Page 34 of 77 KENAI CITY COUNCIL WORK SESSION SEPTEMBER 10, 2013 6:00 P.M. -- 8:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council present: Mayor P. Porter, Vice Mayor R. Marquis, R. Molloy, T. Bookey, B. Gabriel, T. Navarre Others present: City Manager R. Koch, City Clerk S. Modigh, Alaska Department of Transportation & Public Facilities Representatives Gerry Welsh and Tom Schmid Mayor Porter began the work session at approximately 6:00 p.m. City Manager Koch provided a brief overview of the Kenai Spur Highway (MP2.1 -8.1) and Beaver Loop Road, Upgrade and Reconstruction Projects and introduced Alaska Department of Transportation & Public Facilities Representatives Gerry Welsh and Tom Schmid. Gerry Welsh and Tom Schmid reviewed each project discussing the following: Kenai Spur Highway Rehabilitation Proiect • Safety /Crashes • Moose - Vehicle Collisions • Project Alternatives • Scope Selection Beaver Loop Road Proiect • Project Scope • Existing Conditions • 3R Analysis • Improvements • Alternative Impacts • Ownership At the end of the project status reports residents were provided an opportunity to state their concerns and ask questions related to the projects. The state assured the residents and the City that the projects were in preliminary stages and that they would be working closely with the City while moving forward with both projects. The state further advised that a substantial amount of public participation and input would be required to determine the direction of each project. The work session was adjourned at 8:08 p.m. Page 35 of 77 KENAI CITY COUNCIL WORK SESSION SEPTEMBER 10, 2013 PAGE 2 Notes prepared by: Sandra Modigh City Clerk Page 36 of 77 N M O J_ CD Q J M _0 Of 09 Z O F Q U LL_ H J N U ui O �s p r W r Z Ot U m H Z 0 a V N a a of m W LL tw o° w o V1 0 O lL LO O 1 H 0 IK Z W > h- O W W � H J w U } � C 0 p Z W > K W a Page 37 of 77 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 38 of 77 J O a a Q J U Z M O U 0 W W z s U o = N O � O Q.' c w o m o g w w CL w w w (n O LL v2 O w C9 w Z o F Q' O W w W Q J 2 U O d U Page 39 LL 0 O a O v O 00 N I� M N M N Oi N .- r O � O N (O N (O 1 O (A r U) H O U O W O � U H Z Q J a O d a� �o 0 d' co 0o O N O a 0 x z Z Q a U W # 3: o a U U ] � a W J F w U) x _ w F- 0 0 = z / " "Villaye with a Past, C# witk a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 tts� `\ Telephone: I I (907) 283 -7535, Ext. 236 /FAX: (907) 283 -3014 I �t .._.:, 1992 tk'a "l // MEMORANDUM KENALALA SKA TO: Finance Department FROM: Sean Wedemeyer, Public Works Director (;mw DATE: September 11, 2013 SUBJECT: Kenai Asphalt and Concrete Improvements 2013 Change Order 1 Please increase PO 102606 to North Star Paving & Construction by $8,772.84 for Change Order One. Change Order One is for the following items; 1. Remove manhole repairs from contract. ($10,625) 2. Additional street repairs. $13,950 3. Replace existing light pole base at Public Safety Building (PSB) parking lot. $2,500 4. Adjust final quantities at PSB parking lot. $1,800 5. Adjust final quantities at library book drop drive. $1,147.84 For Council Approval: September 18, 2013 Page 40 of 77 MEMORANDUM ""I/c'i�a,9e with a Past, Gc*�Y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 I FAX: (907) 283 -3014 www.ci.kenai.ak.us TO: Mayor and Council Members FROM: Sandra Modigh, City CM DATE: September 11, 2013 RE: OCTOBER 1, 2013 REGULAR CITY ELECTION Appointment of Precinct Election Boards The individuals listed below have agreed to work on Election Boards for Kenai Precincts 1, 2, and 3. Pursuant to KMC 6.05.040, all the persons listed are qualified voters of the City. KMC 6.05.040 requires City Council appoint the members of the election boards. No. 1, 29 -210 Frees, Chair Kenai No. 2, 28-230 Bet Glick, Chair Kenai No 3, 29 -240 Rub Cobus n WSmalfe e Luc Barton Janice Daniels Deborah A. Fullinck Marlene Frates Sheila Philli s ers Carl S. Glick Appoin tment of the Election Precinct Boards as outlined above is requested. Page 41 of 77 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 42 of 77 '(1V I14 ye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -779 Telephone: (907) 283 -7535 / FAX: (907) 283 -30 I�f www.ci.kenai.ak.us "2 MEMO: TO: City Council nn�� FROM: Christine Cunningham, Assistant to City Manager �Iw THROUGH: Rick Koch, City Manager DATE: September 10, 2013 SUBJECT: Utility Easement to Homer Electric Association, Inc. Lot 2, Kenai Spit Subdivision According to Plat Number 89 -12 Homer Electric Association, Inc. (HEA) has requested the attached utility easement for the purpose of maintaining underground electrical lines on City -owned property. The easement will cross property which is currently under lease to Wild Pacific Salmon, Inc. HEA is working with the Lessee to coordinate the replacement of the underground primary conductors and the relocation of the pad mount transformer at the processing plant operated by the Lessee. The easement will allow the installation to proceed and allow HEA future access to operate and maintain the facilities. HEA's records indicate the existing underground conductors and pad mount transformer have been in place since June 15, 1979. The City Attorney has advised that because the grant of an easement is arguably a "disposal" of City -owned property, KMC 22.05.010 requires the City Council to declare that the subject lands are not needed for a public purpose. The easement is non- exclusive and should not prevent the City from using the easement for other utilities or purposes. Planning & Zoning, Public Works, and the City Attorney have completed their review and recommend approval of the easement application as required by the application process. If the City Council declares the easement areas described in the attached Utility Easement as not needed for a public purpose, the City Manager may grant the easement on behalf of the City. Attachment cc: Vince Goddard, Wild Pacific Salmon, Inc. Brad Hibbard, Homer Electric Association, Inc. Page 43 of 77 HOMER ELECTRIC ASSOCIATION, INC. UTILITY EASEMENT City of Kenai, whose address is 210 Fidalgu Avenue, Kenai, Alaska 99611 -779, for a good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to HOMER ELECTRIC ASSOCIATION, INC., an Alaska non -profit electric cooperative, 3977 LAKE. STREET, TIOMER, AK 99603 ( "HEA "), its successors and assigns, the following described non - exclusive easement: A strip of land ten (10) to fifteen (15) feet in width for the purpose of maintaining underground electrical lines situated within KENAI SPIT SUBDIVISION according to plat number 89 -12 Kenai Recording District (KN) situated in the N112 SW 114 Section 8, Township 5 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and Kenai Peninsula Borough and more particularly described; Commencing at the east right of way edge of Columbia Street being the southwest corner of Lot 2 of said subdivision, thence N 89` 56' 40" W 343.96' along the south boundary said Lot 2 to the Point of 11cgirming of this description; Thence M2` 20' 30 "E Thence NV' 36'51"W Thcncc N4° 23'09"r T'hcnce S85` 36' Sr "L- Thencc N 10° 42'29"E Thence N87` 22' 30"W Thence S86' 08'20"W Thence. N71" 59' )4 "W -I hence N 13° 48'00"W 1 hence N21 20' 59 "E 'I hence N3° 49' 14 "W thence N8' 10' ST'W 'thence NI 11 31'28"W Thence 1d7 °'4' 04 "W Thence N9° 08'55"W Thence N1180 1"" 53 "W Thence N60 10'46"W Thence N8" 47'06"W Thence N -55' 46'36"E Thence' <62' 09' 10 "ti 7hence N7V 22' 30 "E Length: 14.24' across said Lot 2 Length: 15.93' Length: 10.00' Length: 12.88' Length: 34.07' Length: 30.36' Length: 30.77' Length: 16.84' Length: 20.7 Length: 37 12' Length: 30 58' Length: 52.85' Length: 55.52' Length 36.85' Length: 61.40' Length: 25 52' Length: 21 79' Length 40.60' Length: 28.00' Length 16.70' Length 36.67' Page 44 of 77 I ot'; Thence N79' 04'55"E Length: 24.03' Thence N10055'05 'W Length: 2.50' Thence N79' 04'55"E Length: 10,00' Thence 810' 55'05"E Length: 15.00' Thence S79' 04'55"W Length: 10.00' Thence NIV 55'05"W length: 2.50' Thence S79-'04'55"W Length: 23.36' Thence S71' 22' 30 "W Length: 3519' Thence S62' 09' 10 "W Length: 35.34' Thence S55' 46' 36 "W Length: 21.13' "thence S8' 47'06"E Length: 34.51' 'thence S6' 10'46"E Length: 21.80' Thence S8' 37'53"E Length: 25.26' Thence S9' 08'55"E Length: 61.51' Thence S7' 24'04"E Length: 36.65' Thence S11' 31'28"E Length: 55.45' Thence S8' 3 0' 57" E Length: 53.52' Thence S3" 49' 14 "E Length: 31.50' 'I hence S2° 20' 59" N' Length: 36.24' Tbencc S I: " 48'00'E Length: 13.75' Thence S71' 59' ;4"E Length: 9.35' Thence N86' 08'20"r Length: 29.40' Thence S87' 22'30"E Length; 48.24' Thence S12' 20'30"W Length: 68.36' To the point of intersection with said south boundary of Lot 2 said property Thence S89' 56'40"W Length: 10.24' Along said south boundary to the Point of Beginning thus embracing an Area: 6939 Sq. Ft or 0.159 Acres U This grant gives NEA the right of ingress and egress together with the right to construct, reconstruct, repair, maintain, operate, upgrade and patrol, for the transmission and distribution of electric current; wires, cables, poles, and all necessary appurtenances, and to remove, renew, replace, add to an% or all of such facilities, through, over, in, under and across the aforesaid premises as may from time to time be necessary of desirable for the use, occupation, Page 45 of 77 2 of 3 and enjoyment of such right -of -way, and the right to excavate. remove soils or fill on said premises, and the right to cut and keep clear of all trees, shrubbery, under - growth, and other obstructions on said premises as maybe reasonably required for the construction, reconstruction, relocation, installation, operation, and maintenance of such facilities, including the trimming or removal of trees within the easement described above, which Grantee reasonably believes threaten its facilities. Grantor(s) warrant and covenant that Grawor(s) are the owners of the above - described land have the right to convey this easement, and that HEA shall have quiet and peaceful useol'the easement. This easement will expire automatically if it is no longer needed by HEA for its intended purpose or it is not used to supply power to any facility for a period of one (1) year or more. Signed by Grantcr(s) ,his _-.__day of _ .2013. hick Koch, City M- anager CITY OF KENAI This instrument was acknowledged before me on this __ day o( • 2013 (SEA7,1 Alter Recording Relurn to: Homer Electric Association, Inc. 260 Airport Way Kenai, .Alaska 99611 Notary Public My Commission Expires: Page 46 of 77 Pave 3 of 3 g a Z£ l ££l gll tl, 011 8, Lll90 9ll Vll £l,F Z z 9ll z W $ W O z z Y z 2 m ON� Z m o z l.) W z I�WII'\ O 0 R w a ID ti 6f -7A /& /VIV3,Y C:�-Z Sib Z m���6��� N N 2J/ W in h i. m y NI y � a o f- - 2:g Ld ^�z :2 (N W y'oLLJ3 o: a ua�UN d U J Q 210 U w FU y ~ N N — W fp S r W Q °xJ3 U) PIPI z Ml& , O9 -L-7-3&-Ls M b76wr7700 u Q� u � m � Page 47 of 77 in � g i o Z£ l ££l gll tl, 011 8, Lll90 9ll Vll £l,F Z J 9ll W i s u W m 3 ( OI Q� l.) m o > w a ID ti � 4 N W C O U Ml& , O9 -L-7-3&-Ls M b76wr7700 u Q� u � m � Page 47 of 77 in � g i o NipW > w a Z � p O¢QwamJ ,m.. rc UZ�Q� V U N o z d U F � N J -° Q a v Z % w t��wa� a Y w x 2 V UO m tn {V 0f —llzq w = W Q O X = w o N to S W J [V N N N M �N�pp Hi � m � m 4 N N O (Opn W N O w z w w x� w w w w W QQ ~ W J Z w A W tip O Z W p�� O Z f0'� N e Z N O Z p N Z pN O Z O N y euN�i O y O IN(1 2 uNI O y t�f N N � O N r �Wp O 1 •1 N Wp V O N N W O V N N W N m e N O ~ y O N N N W � N V' 1WfJ @ O J N M P N (O h W Of O J N m V O fll N J J (n fA N Z N y y O Z J NipW > w a Z � p O¢QwamJ ,m.. rc UZ�Q� V U N o z d U F � N J -° Q a v Z % w t��wa� a Y w x 2 V UO m tn {V 0f —llzq w = W Q O X = w o N to Page 48 of 77 W N h M [O m O N Sj N O O O N O O ypj N f0�1 � m M N m N 1�0 Ip m V N u> W QQ ~ W J Z w A W tip O Z W p�� O Z f0'� N e Z N O Z p N Z pN O Z O N y euN�i O y O IN(1 2 uNI O y t�f N N � O N (Mp O y �Wp O 1 •1 N Wp V O N W N 0 O N W O V N N W N m e N O Z @ O J N M P N (O h W Of O J N m V N tp J Page 48 of 77 Z � J SV Ol O OJ O f7 OI (7 h M c0 h N M N O M G) N N N N N W b m V (p N N N h N (p O V w Q z J z O � � n1 N Z N W Z O z N W N z IO�J hN z N N � z O z w N Z � Z Ihfl 6 Z N m Z O N Z h O Z N m Z O O Z O h a z O ZJ J J J J J J OJ J J J J J J J J J J J Page 48 of 77 Z J w YW _U 0 w m ao 4 Page 49 of 77 iMA1NDER GOVT. LOT 8 C i S 1 F-- ca :3 SPIT B D- rrt G T LOT 9 of 77 icEivED DATE: ,DEC `Z 2 O t Z, CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - SEP IdAWDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RETURN TO: KENAI CITY CLERK nw City Clerk's ONile I 210 FIDALGO AVENUE 1 0 2012 KENAI, AK 99611 e Wyk li—V NAME: Ube I Q, Lly ( Q M Ar` e i2 PHONE: 283 -7535, EXT. 231 FAX: 2835066 RESIDENT OF THE CITY OF KENAI? r-9 HOW LONG? I RESIDENCE ADDRESS { L '3 �} 61 O f \ q] Q w MAILING ADDRESS _Yh� Home Fax Home Telephone No. NmJp Business Telephone No tJ "-a- Business Fax ax No. Email Address: PaP May we include your contact information on our web page? ALL>C If not all, what information may we include? EMPLOYER: RE-TD JOBTITLE FAO NAME OF SPOUSE: JC A t) 1'Y) A Y F,,,r R., CURRENT MEMBERSHIP IN ORGANIZATIONS: AIL rzorLe e ►' s goc- PAST ORGANIZATIONAL MEMBERSHIPS: COMMITTEES OR OMMISSIONS IN WHICH YOU ARE INTERESTED: AMPoRT 016VO4 1s5/ oik) WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR OMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? u r.vlcna sPfiC uS Fold- 2' To.k)IE & 1FN W) IV r. j d rA o P r- T s cK A I o ra v Lo e N amt w o r- V'0%G(GNI� SG:LVAON ;s IF/ IUN.✓K} Page 51 of 77 CITY OF KENAI "Village with a past – City, with a future." BACKGROUND AND PERSONAL DATA - t DID�►�$Pr�.J�OINTMENT COMMITTEES AND COMMISSIONS *ey �I tt�`w (�`// �C�` JJ RETURN TO: KENAI CITY CLERK y;�i� G 4 20 [.::] RE CONED— 210 FIDALGO AVENUE �( Al, J�p�(p KENAI, AK 99611 \/ PHONE: 263 -7535, EXT. 231 L Kenai City Cierk FAX: 263 -6066 DATE:_ 3 1 3 C — NAME: %i^c�csz 9 C --CC C<% /, RESIDENT OF THE CITY OF KENAI? / HOW LONG? 7 l 15.092 J RESIDENCE ADDRESS 7 ©5 arm eo^L�mo MAILING ADDRESS lF6oS dj'%e S <e.,4 �¢.-t Home Telephone No. Home Fax No. Bu Mess Telephone No Business Fax No. Email Address: May we include your contact information on our web page? ALL 9 If not all, what information may we include? EMPLOYER: 1//'v6-�Ie— JOB TITLE NAME OF SPOUSE: CURRE T E BERSHIP IN ORGA RATIONS;GtS � r� s-R �: Z: fir PAST ORGANIZATIONAL MEMBERSHIPS: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: / ^�TGociCB �r%d��� /ar Sg g ! ,� a� ,�t�z'�, L Cam, �c.�r. s zv� /3 V. r/.Glsy� J m'K c�iL2 WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION O COMMITT,E�� ay�% Yc i�yo/ WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Page 52 of 77 Suggested by: Legal Department CITY OF KENAI ORDINANCE NO. 2722 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 1.75.020, BAD CHECK SERVICE CHARGES, TO ELIMINATE REFERENCES TO STATE STATUTES. WHEREAS, Kenai Municipal Code 1.75.020, Bad check service charges, makes reference in subsection (b) to AS 09.65.115; and, WHEREAS, Alaska Statute 09.65.115 no longer exists, and has been replaced with AS 09.68.115; and, WHEREAS, in order to eliminate future inconsistencies when state statutes change, it is generally preferred to make more general references to state statutes when necessary, so that City code does not continuously need to be amended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 1.75.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.75.020, Bad check service charges, is hereby amended as follows: 1.75.020 Bad check service charges. (a) Any person who issues a check to the City of Kenai that is dishonored may be subject to a twenty dollar ($20.00) service charge if written demand for payment of the check and service charge is made. (b) This ordinance does not limit the City's right to recover civil damages as provided for in [AS 09.65.1151 state law, in the event payment of the dishonored check is not tendered. (c) In this ordinance `check" [HAS THE MEANING GIVEN IN AS 11.46.280;1 means postdated check or a Promissory note. "[D]Dishonored" means the nonpayment of a check because of (1) lack of funds; (2) closure or non - existence of an account; or, (3) a stop payment order issued without cause. "Written demand" means a written notice to the user of a check personally delivered or sent by first class mail to the address shown on the dishonored check, advising the issuer that the check has been dishonored and explaining the service charges set out in this section. If no address appears on the check, then demand shall be sent to the person's last address ascertainable. New Text Underlined; (DELETED TEXT BRACKETED) Page 53 of 77 Ordinance No. 2722 -2013 Page 2 of 2 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(fl, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of October, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: September 18, 2013 Adopted: October 2, 2013 Effective: November 2, 2013 New Text Underlined; [DELETED TEXT BRACKETED] Page 54 of 77 "Villaye with a Past, Gi� with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor P e nd Council Members FROM: Scott BI City Attorney DATE: September 12, 2013 SUBJECT: Ordinance No. 2722 -2013, Bad Check Service Charges Upon working with KMC 1.75.020, Bad check service charges, it was discovered by the Legal Department that this section of code contained a reference in subsection (b) to a state statute that no longer exists. This ordinance is primarily a housekeeping ordinance to address this issue. However, as opposed to correcting the reference to the correct state statute, it is recommended that the ordinance merely reference state law generally, so that the City does not necessarily need to amend its code each time state law is amended. Consistent with this practice, in subsection (c) of the proposed amended code section, the ordinance adopts the actual definition provided for "check" in state law, as opposed to referencing the definition by specific State Statute. Thank you for your consideration. Y:\Ordinances & Resolutions \Ordinances \Ordinance No. 2722 - 2013 Bad Check SC Memo 091113.docx Page 55 of 77 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 56 of 77 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2723 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A DONATION FROM THE KENAI SENIOR CONNECTION FOR THE PURCHASE OF RADIO EQUIPMENT TO BE INSTALLED IN A NEW MEALS -ON- WHEELS DELIVERY VAN DONATED BY THE KENAI SENIOR CONNECTION TO THE CITY. WHEREAS, the Kenai Senior Connection purchased and donated a new delivery van to the City of Kenai for the delivery of meals as part of the City's Meals on Wheel program; and, WHEREAS, radio equipment is installed in all Senior Center vehicle for communication between the Center and its drivers; and, WHEREAS, acceptance of the grant will provide the funding need to purchase a radio for the new van, an expense not budgeted in the Center's FY2014 budget; and, WHEREAS, the total cost of the new radio is $1,901.70. Section 1. Form. That this is a non -code ordinance. Section 2. That the City Manager is authorized to accept a donation from the Kenai Senior Connection in the amounts of $1,901.70 for the purchase of radio equipment to be installed in the City's new Meals -on- Wheels van which the City received by donation from the Kenai Senior Connection. Section 3. That estimated revenues and appropriations be increased as follows: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Senior Fund Increase Estimated Revenues: Other Donations $1,901.70 Increase Appropriations: Senior Citizen Access - Small Tools & Minor Equipment $1,901.70 New Text Underlined; (DELETED TEXT BRACKETED Page 57 of 77 Ordinance No. 2723 -2013 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: -7�- PAT PORTER, MAYOR Introduced: September 18„ 2013 Adopted: October 2, 2013 Effective: October 2, 2013 New Text Underlined; IDELETED TEXT BRACKETED] Page 58 of 77 v TO: FROM: DATE: "Villaye with a Past, C# with a Fature" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us IL - 5We]17M 11 Rick Koch, City Manager Rachael Craig, Senior Center Director September 11, 2013 REFERENCE: Senior Connection, Inc. Designated Donation for a Radio for the New Meals Van This MEMO is in reference to the Ordinance accepting designated funds for a new meals van radio from Kenai Senior Connection, Inc. The Kenai Senior Connection, Inc. received private designated donations to purchase a new radio and antennae for the new Meals on Wheels van. The Senior Center spent $1,901.70 through its budget for the purchase and the passage of Ordinance will appropriate the private donations and reimburse the Senior Center's budget the $1,901.70 spent for the radio and antennae. Page 59 of 77 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 60 of 77 jy KENAI COMMUNITY LIBRARY MID -MONTH REPORT thedivof SEPTEMBER 2013 Circulation Adult Fiction 2,250 Internet Access 1,635 Adult Non - Fiction 1,608 Test Proctoring Fee 380.00 Young Adult Fiction 375 Video 0 Periodicals 300 Room Booking 143 Juvenile Fiction 704 Music 92 Juvenile Non - Fiction 459 DVDs 3,192 Easy Fiction 2,096 Audio books 233 Easy Non - Fiction 362 Miscellaneous 192 Interlibrary Loan 49 Computer Programs 0 Total Print 8,203 Total Non -Print 5,487 l Circulation 13,690 In -House circulation 375 ary Door Count....... FFreegal 9,789 Downloadable Audio 479 Music 159 Downloadable EBooks 474 Dur August circulation was approximately 2% higher than the same number in August 2012. In August we had 2 volunteers who worked putting in a total of almost 20 hours. There were 11 Children's programs with 3337. total in attendance and 10 adult programs with 115 participants. Inter Library Loan logged 58 orders with 41 items received, 36 returned and 15 items lent by our library to other institutions. AUGUST Income Fines $1,172.55 Xerox 167.25 Lost/Damaged 115.90 Test Proctoring Fee 380.00 Printing 524.25 Other 5.00 Total income $2,364.95 Library Cards Issued August ILL 2 Internet Only 2 Kasilof 5 Kenai 51 Nikiski 16 Non Resident 12 Soldoma 24 Sterling 3 Other Peninsula 22 Organization & Other 0 Total 137 The next regularly scheduled meeting of the Library Commission will be on Tuesday, November 5. Page 61 of 77 KENAI SENIOR CENTER September 2013 REPORT ftie my of KENO AL SKA To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: September 11, 2013 Total August Meal Count 2013 Served: Total Congregate Meals Served: 1,365 Total Home Meals Served: 2,582 Total August Meal Count 2012 Served: Total Congregate Meals Served: 1,356 Total Home Meals Served: 1,931 Senior Center was rented twice in August. Volunteers provided 725 service hours. Kathy Romain, our administrative assistant attended the Medicare training that was held in Kenai at the Visitor's Center. For the past seven years it has been held in Anchorage. She is a Certified Medicare Counselor and received an award for the most Medicare contacts (social security limited income subsidy, Medicare savings plan, Medicaid, VA coordination and Union/Employers health plan) outside of the State Medicare Information Office. Three of the top six counselors were from the Soldotna/Kenai area. She had 17 appointments in August for a variety of senior benefit issues. Vintage Pointe Manor had three vacancies. The three apartments were rented within three weeks. Two were from outside the Kenai Peninsula. Family who lived in the Kenai area wanted their family member to live closer to them. The annual Old Timers luncheon was held at the senior center. Joanna Hollier and Peggy Arness planned and facilitated the event. There were 250 people in attendance. The Director attended the National Meals on Wheels Conference the last week in August. She is working on nutrition credits to recertify as a nutrition leader. Many workshops were on evidence -based programs and constructive ways to document and gather information. The Raw Hide Dance was held the end of August. Bull Don and the Moose Nuggets entertained. The dances are becoming intergenerational; 70 seniors were in attendance as well as twenty children participated. The last two dances have been at the request of seniors. They have enjoyed the children and have encouraged their participation. Page 62 of 77 -�— ANIMAL CONTROL REPORT 1 August 2013 ftie city of D.O.A. 10 14 EUTHANIZED 24 34 Dogs 2013 2011 14 16 2013 2012 STRAY 109 81 ADOPTED 101 67 Dogs 57 43 Dogs 43 27 Cats 49 38 Cats 58 40 Other Species 3 0 Other Species 0 0 RELEASED BY OWNER 39 38 CLAIMED 20 18 Dogs 16 16 Dogs 16 16 Cats 23 22 Cats 4 2 Other Species 0 0 Other Species 0 0 D.O.A. 10 14 EUTHANIZED 24 34 Dogs 9 8 Dogs 14 16 Cats 0 4 Cats 10 18 Other Species 1 2 Other Species 0 0 TOTAL ANIMALS 158 133 Other Disposition 3 0 Known Borough Animals 19 20 Total Dogs 82 67 Total Cats 72 64 Total Other Species 4 2 Community Involvement Projects: Field Investigations 90 114 Citations 1 4 Total phone 564 582 Kennel Permits 0 0 Page 63 of 77 POLICE DEPARTMENT MID -MONTH REPORT — August 2013 ftie cify of KE U SKA TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief /dE� DATE: 9111/13 SUBJECT: Police & Communications Department Activity — Month of August 2013 Police handled 772 calls for service. The Communications Center received 361 emergency 9 -1- 1 calls (272 from cell phones). Officers made 65 arrests and wrote 306 reports. Traffic enforcement resulted in 175 warnings, 33 speeding tickets, 15 seatbelt tickets, 11 citations for equipment violations, and 42 citations for "other" traffic violations. There were 11 DUI arrests (0 felony). Police investigated 15 vehicle crashes. 4 of the crashes were DUI - related, and 2 of the crashes involved a moose. On August 11, SRO Prins traveled to Dallas, TX for a Crimes Against Children Conference. On August 11, Inv. Cushman attended a Crime Stoppers training conference in Michigan. Officer Harris was gone for the month, attending an extensive computer forensic investigations course in Alabama. SRO Prins' school year started off well. He handled a couple of school - related calls for service and participated in a Q&A regarding building security and drills at one of the 6 schools in the City. The Kenai Police Department is continuing to maintain an elevated presence (in addition to SRO presence) in Kenai schools. Page 64 of 77 Municipal Airport September 2013 Airport Manager's Report Airport Improvement Program: Master Plan — The Phase II report containing Facilities Requirements, Alternatives, and Environmental Conditions is under review by the Technical Advisory Committee. Aeronautical Survey for GIS Mapping Proiect - Project is moving forward and the FAA sent a grant offer on September 10, 2013. Tree Obstruction Clearing Proiect: The project is substantially complete with only the seed establishment and the reforestation remaining. Airfield Marking — The project has a scheduled bid opening of September 10`n In- house: Airport Concession Opportunities: The airport cafe lease expires on December 31, 2013. A Request for Proposal was advertised and proposals are due October 8`n. Snow Plowing Contract: An Invitation to Bid is being solicited for the snow plowing of the vehicle parking lots at the terminal, Kenai Flight Service Station, Alaska Fire Training Facility, and the F.B.O. lot behind Kenai Aviation. Recruiting Temporary Equipment Operators - The Airport is advertising from September 8th through the 23`d for temporary equipment operators for the 2013 -2014 winter seasons. Each year the airport attempts to establish a call -out list to provide additional manpower during heavy snow falls. 2013 -009 Page 65 of 77 ena� MoNcipal AirpO 25% 76aA August 2013 inplanements 0% LAKE & PENINSULA 56 ERA 8,372 Monts ERA AVIATION GRANT AVIATION LAKE &PEN Total YTD in 2015 2012 Change from 2012 KENAI AVIATION Combined Month Total January 5,641 2,089 7,730 7,815 115 11 137 7,867 February 4,993 2,181 7,174 7,498 -324 1 130 7,304 March 5,471 2,190 7,661 7,525 136 1 139 7.8-00 April 5,019 2,102 7,121 6,970 151 1 151 7,272 May 6,065 2,395 8,460 8,491 -31 1 223 8.767 June 5,451 2,329 84 7,864 8,008 -144 211 8,075 July 8,979 1 2,636 1 73 1 11,688 11,294 394 333 1 12,021 Au ust 8,372 1 2,807 1 58 1 11,235 10,630 605 319 11,554 September 7,535 October 8.145 0 November 7,646 0 December 7,523 0 Totals 49,991 18,729 1 213 1 68,933 98,880 902 1643 70 660 Au ust 2012 $28.759 2D13 $17,030 Terminal -Vehicle Parking Revenues FY13 Total $224,352 FY14 YTD $3 1,781 e a' Vehicle Parking Revenues 30000 27500 25000 22500 20000 ------ .. ... ..... _...._.____ .. _.. _. _ __.... 17500 - 15000 _ __ ....- __.. .___. ._..... .... ._ 6 FY13 12500 ! .. ___ .__. ..._. .__ .-_. - -.. - at FY14 10000 7500 5000 2500 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Page 66 of 77 Enai FLOAT PLANE BASIN ACTIVITY Municipal Airport 2009-2013 OPERATIONS Month 2013 2012 2011 2010 2009 MAY 33 12 49 109 118 JUNE 93 149 135 170 190 JULY 168 172 162 228 242 AUGUST 161 195 124 192 278 SEPTEMBER $0 29 86 83 146 OCTOBER $13,451 10 56 20 68 NOVEMBER Closed Closed Closed Closed Total 456 567 612 802 1042 --------------------------------I--------- FUEL SALES ----------------------------------- - - - - -- Month 2013 2012 2011 2010 2009 MAY $622 $292 $150 $521 $368 JUNE $2,636 $3,206 $2,558 $2,027 $2,714 JULY $3,517 $2,533 $4,421 $3,870 $2,815 AUGUST $3,285 $5,929 $3,535 $2,497 $3,390 SEPTEMBER $824 $2,211 $1,447 $2,498 OCTOBER $0 $576 $43 $642 Total $10,060 $12,783 $13,451 $ 10,405 $12,427 Slips Rented Private 7 Commerical 0 Basin opened on May 23, 2012 Page 67 of 77 Rev 6/2008 \WI FINANCE DEPARTMENT MID -MONTH REPORT September 2013 A To: Rick Koch, City Manager /From: Terry Eubank, Finance Director Date: September 12, 2013 Re: Monthly Report FY2013 yearend procedures are in full swing. The majority of the department's efforts are focused on yearend procedures and financial statement preparation. The annual audit is scheduled for the week of September 23`d at which time a complete draft of the City's Comprehensive Annual Financial Report will be ready. Compilation of financial information related to the 2013 Dipnet Fishery is underway for completion of the annual dipnet report. The department is in the process of putting together a training program on the City's accounting system and purchasing policies and procedures for other City Departments. Training will likely take place in October or November. �{ PUBLIC WORKS DIRECTOR CAPITAL PROJECTS MANAGER <<A u ,�r SEPTEMBER 2013 MID -MONTH ucuel mecum TO: Rick Koch, City Manager FROM: Sean Wedemeyer Public Works Director /Capital Projects Manager DATE: September 11, 2013 SUBJECT: Mid - Month Report; Public Works / Capital Projects Public Works: • Streets /Airport Operator filled by Rob Link. • Two Street Operator recruitments in progress. • Water Sewer Operator position filled by Michael Kilgo. • APDES permit renewal application in progress. • Water conservation measures continue to be in effect, with suspension of suggested restrictions on Sundays to allow for watering lawns. Well 2B commissioning underway. • Boating Facility Dock Special Use Permit bid documents routed for approval. Capital Projects: • Maintenance Facility — Under construction. Concrete footings poured Sept 10. • Municipal Park Improvements — In closeout. • Kenai Industrial Park — Under construction. • Airport Way & Main Street Asphalt Upgrades — Closed out. • Central Heights Roadway Improvements — In closeout. • Vintage Point and Senior Center Siding — Notice to Proceed executed. Construction next spring. • City Hall and Senior Center heated sidewalks — Bid opening Sept 24. • Police Dept. Parking Lot Improvements & Citywide Asphalt and Concrete Improvements — Under construction. • Lift Station Radio Testing — In progress. • Flight Service Station Upgrades An design. • Meeks Trail Repair — In closeout. • Airport Tree Obstruction Removal — In progress. • Kenai Airport Airfield Marking — Bids opened September 10. • Old Town Overland Ave Sidewalk - In design. • 55'x 120' Tent Erection — Agreement routed for execution. Anticipated construction mid Sept. • Trailer Mounted Generator — Bids opened Sept 4. Units to be inspected and scored. • Reservoir RFP — In queue. • Magic Ave. and First St design RFP — In queue. • Airport Carpet Replacement — In queue. • MPF Feasibility Study — In queue. Page 69 of 77 PARKS & RECREATION MID -MONTH REPORT September 2013 Ike city of KENAIAALASKA September continues to be a busy month for the Parks & Recreation Department. The recent rains have challenged the crews causing some interruptions with the mowing and trail construction efforts. The cooler temperatures, however, have significantly slowed turf growth down and so at least it's been manageable from that standpoint. Crews will be removing flowers from certain locations, i.e., circle planters, boxes and a few other locations in the very near future as they are deteriorating with cooler temperatures coupled with the high moisture. Several students from Kenai Central High School are engaged in their Community Civic Projects which will directly benefit the City. This and other projects /activities are as follows: 1. CH2MHill is installing a concrete pad for the veteran's memorial at Leif Hansen Memorial Park. Concrete work is nearly complete. 2. Department is getting quotes to extend the existing fence from Safeway parking lot south along the Bernie Huss Trail. 3. Several tree plantings have occurred along Willow Street, Blue Star Memorial, and Leif Hansen Memorial Park. 4. Pedestrian curbs have been installed along several streets at the various trailheads. 5. Trailhead signs for the recently developed trails have been installed, including wood chips from the 4tn Ave to 5t" trail segment. 6. Trail crew initiated the trail segment linking Ryan's Creek Trail with Daubenspeck Park. 7. Student Civic Projects include: transplanting trees near 5`" Ave. trailhead; installing a children's garden at community gardens, installing tree guards on trees throughout Leif Hansen Memorial Park; repainting of dugouts and construction of a compost pile. 8. Parks & Recreation Work Session held at Beaver Creek Park to obtain ideas for possible playground upgrades someday. 9. Approximately 180 runners signed up to date for the Kenai River Marathon. 10. Took delivery of the new score clock for Little League Field #3. Coordinating with local business for having the installation possibly donated. Unit is wireless. 11. Wood chips installed in various shrub beds throughout town. 12. Coordinating with B &G Club on refurbishing gym floor. Page 70 of 77 r miM LM \\ me KENAI, FIRE DEPARTMENT MID -MONTH REPORT September 2013 Feels like we are paying our dues for the gorgeous summer we had here on the Peninsula. The long weeks of summer weather have led to even longer weeks of rain. This has actually helped us at the Fire Department with the positive effects on the City Water supply and has also decreased the wild land fire potential. Subsequently, as I write this, the Kenai River is at flood stage and threatening areas on the upper Kenai. We typically don't see immediate effects within the City but if debris and manmade obstacles make their way down river, there may be some effects felt. Crews have been busy finishing up summer projects such as ladder testing, fire hoses testing, pumper testing and flowing all the City hydrants. There have also been some fantastic training opportunities here recently. This past weekend the Kenai Fire department hosted a Rescue Boat Operators course here at the department. The istructor, Dick Rice, has been to our department before and taught Ice Rescue for the members of the department ad this was a chance to work together with our neighboring departments in the arena of ocean and river rescue. This was a great class that helped enhance the training that we currently do and helped hone the skills of boat operations, navigation, open water rescues and also helped with the coordination of working with other agencies on a large scale incident. These skills will be dispersed to all members of the department throughout the remainder of the boating season. In August we had three members attend a Fire Officer 1 class hosted by CES. This class helps prepare members of our department for promotional opportunities within the department and also allows them to have a better feel for the responsibilities of working as a fire officer. Also we held a multi company drill with our sponsoring physicians this month. FF Pete Coots is presently out of state attending his Paramedic internship in Mesa Arizona. This is the last step of his training and we look forward to have another Paramedic on staff. Lastly I want to thank all the citizens for their kind words and gestures during September 11 `h. As the saying goes "Never Forget" and we never will. Run volume for the department is up about 4% up from last year at this time. We are continuing to stay involved with Safe Kids and doing car seat checks at the Fire Station. Kenai Peninsula College is still sending students to our station for their Paramedic ride along program. Page 71 of 77 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 72 of 77 § CN e w a«� E m m / / z k -i ~ m ( = m 2 z z z = 2 § < { § z f E )§ S b/ m \ § § § 2 § § § ( 2 LL 2 ® LU \ } } \ ( } \ \ [ E ± » A z k § Cl) < a z = 3 / m § Ld < R e e R }$ 2 L ) } } ) § L±_ w 5 m([ B 3 c < < w § = o § L \ A ( } G if LL \ 3 j \ / ° z ) < $ E @ § K 4 a / e e e 0 m < 2 } L w } « § § § < & 2 < 2 = < 8$ &§ m m c //$ o � IX / § \ w / § k j m § 3<§ z < < 2 \$\ 2 7 I 3> u 2 ƒ ■ 2 LL $ z § } < 2 < z § § I z } @ ± \ S j ( 0■ S \® F z{ 3 G< „ \ / � � z ) 0 0 % E5 � ® U I w z / LU k k L \ < \ � a. u > < ( < = 5 } m 2 $ Page eys THIS PAGE IS INTENTIONALLY LEFT BLANK Page 74 of 77 r - r. ""Villa ye with a Past, Gc�l with a Fidure" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us KENA19 AL ALSKA MEMORANDUM TO: Mayor and Council Members FROM: Sandra Modigh, City Cle� DATE: September 10, 2013 ` RE: October 1, 2013 City Election, Establishment of Canvassing Board KMC 6.05.120 establishes a Canvassing board, designates the City Clerk as its Chair, and consisting of the Chair of each precinct board (or if needed, another election judge from the same precinct as a substitute), and up to five additional judges selected from among the qualified voters of the City. The Canvass Board will consist of the following people: Sandra Carol F Susan Page 75 of 77 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 76 of 77 Sandra Modiah From: Bob Frates Sent: Wednesday, September 11, 2013 3:48 PM / To: Sandra Modigh t M Subject: FW: parks and recreation commission From: Rebecca Lamboum rmailto:rambournCabomail.comj SFP 11 70j Sent: Monday, September 09, 2013 9:40 AM 3 To: Bob Frates; Mayor Porter Subject: parks and recreation commission Kenai City C1, Dice Hi Bob, I'm finding that I am having a hard time making meetings. Since we are spending May - Sept. in Seldovia and many trips to Nebraska in the winter to be with my mother, I am missing too many meetings to be of any help. I think its best that I resign and the position be filled by someone who is more available. I think the commission is important and I am available for any consultation if needed. Thank you. Rebecca Page 77 of 77 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE SEPTEMBER 18, 2013 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. 1. Substitute Ordinance No. 2720 -2013 — Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project and Awarding the Project. 2. Ordinance No. 2721 -2013 — Accepting and Appropriating a Grant from the National Aeronautics and Space Administration for Employee Travel and Training. 3. Resolution No. 2013 -62 — Accepting the Donation of a 2013 Ford Transit from the Kenai Senior Connection, Inc. to be Used as a Meals -On- Wheels Delivery Van. 4. Resolution No. 2013 -63 — Opposing Proposed Changes to Regulations that Substantially Decrease the Medicaid Daily Service Payment Rates for Privately Owned and Operated Assisted Living Facilities. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. 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