The URL can be used to link to this page

Home My WebLink About2014-05-12 Harbor Commission PacketKENAI HARBOR COMMISSION MEETING MAY 12, 2014 — 7:00 P.M. CITY HALL COUNCIL CHAMBERS AGENDA 1. CALL TO ORDER & ROLL CALL 2. AGENDA APPROVAL 3. APPROVAL OF MEETING SUMMARY — April 7, 2014 ....................... ............................... Pg 3 4. PERSONS SCHEDULED TO BE HEARD 5. UNFINISHED BUSINESS 6. NEW BUSINESS a. Ordinance No. 2755 -2014 — Amending Kenai Municipal Code 13.20.035 - Camping, Fires, and other Activities on City Beaches, to Authorize the City Manager to Temporarily Regulate Beach Activities to Protect Public Safety, Health or Welfare, and for City Maintenance of Property .............................................. ............................... Pg 5 b. Ordinance No. 2756 -2014 — Repealing Kenai Municipal Code 13.20.030 - Protection of North and South Shore, and Re- Enacting it as Kenai Municipal Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand its Application and to Authorize the City Manager to Implement Restrictions on Public Entry, Access and Use for the Protection of Environmentally Sensitive Areas Owned or Managed by the City, Subject to Change by the Council ........................................... ............................... Pg 9 7. REPORTS a. Public Works Director b. Commission Chair C. City Council Liaison 8. NEXT MEETING ATTENDANCE NOTIFICATION — June 9, 2014 9. COMMISSIONER COMMENTS /QUESTIONS 10. PERSONS NOT SCHEDULED TO BE HEARD 11. INFORMATION a. Personal Use Fishery Budget Information ................................. ............................... Pg 17 b. Memorandum from Council Member Molloy Dated 4/8/14 Regarding the Commission's Recommendation to Council on Ordinance No. 2749 -2014, Enacting KMC 11.05. 100 —No Wake Zones ............................. ............................... Pg 37 12. ADJOURNMENT PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING: SANDRA -- 283 -8231 OR, SEAN -- 283 -8240 THIS PAGE IS INTENTIONALLY LEFT BLANK KENAI HARBOR COMMISSION MEETING APRIL 7, 2014 — 7:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR PHIL MORIN, PRESIDING MEETING SUMMARY CALL TO ORDER & ROLL CALL Chair Morin called the meeting to order at 7:05 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 2. AGENDA APPROVAL ueltrelil Chair P Morin, G. Greenberg, W. Nelson, B. Peters, T. Thompson V. Askin Public Works Director S. R. Molloy Wedemeyer, Council Member Commissioner Peters MOVED to approve the agenda and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. 3. APPROVAL OF MEETING SUMMARY — March 17, 2014 MOTION: Commissioner Peters MOVED to approve the meeting summary of March 17, 2014 and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD — None. 5. UNFINISHED BUSINESS — None. 6. NEW BUSINESS a. Ordinance No. 2749 -2014 "An Ordinance of the Council of the City of Kenai, Alaska, Enacting KMC 11.05.100 - No Wake Zones, Authorizing the City Manager to Establish No Wake Zones in the Kenai Harbor as Needed for Public Safety and /or to Protect Public and Private Property." Chair Morin spoke against the 5 mph definition of a no -wake zone. Council Member Gabriel spoke regarding the ordinance. General discussion occurred. MOTION: Commissioner Peters MOVED to support enacting the Ordinance and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. Page 3 of 37 7. REPORTS a. Public Works Director — Wedemeyer reported the dock would be opening in May and a new water line was being installed. b. Commission Chair — Morin thanked Molloy for the memos. C. City Council Liaison — Molloy discussed recent council meetings, the South Beach Landowners Coalition, and the Bluff Erosion Feasibility Study. 8. NEXT MEETING ATTENDANCE NOTIFICATION — May 12, 2014 Commissioner Nelson requested an excused absence from the May 12 meeting. 9. COMMISSIONER COMMENTS /QUESTIONS Snow fencing along South Beach was discussed. 10. PERSONS NOT SCHEDULED TO BE HEARD — None. 11. INFORMATION a. Molloy Memo to Council dated March 18, 2014 b. Kenai River Recreation Study 12. ADJOURNMENT MOTION: Commissioner Peters MOVED to adjourn and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at 7:47 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Page 4 of 37 Sponsored by: Councilors Molloy and Gabriel CITY OF KENAI ORDINANCE NO. 2755 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 13.20.035 - CAMPING, FIRES, AND OTHER ACTIVITIES ON CITY BEACHES, TO AUTHORIZE THE CITY MANAGER TO TEMPORARILY REGULATE BEACH ACTIVITIES TO PROTECT PUBLIC SAFETY, HEALTH OR WELFARE, AND FOR CITY MAINTENANCE OF PROPERTY. WHEREAS, Kenai Municipal Code 13.20.035 currently prohibits camping, open fires and parking at all times within a particularly described area on the South Beach; and, WHEREAS, occurrences including, but not limited to extreme high tides, high fire dangers, City maintenance, erosion and health hazards necessitate the temporary closure or prohibition of certain activities on City beaches, or sections thereof, from time to time to protect public safety, health or welfare or for City maintenance of City owned or managed property; and, WHEREAS, in order to respond efficiently to unforeseen events for the protection of public safety, health or welfare or for City maintenance of City owned or managed property, the City Manager must have authority to respond timely in order to regulate beach activities, which may be outside the timeframe of regularly scheduled Council meetings; and, WHEREAS, requiring reasonable public notice, and reporting of any restrictions to Council at the next council meeting after such restrictions are implemented, affords the public notice of temporarily prohibited or restricted activities, keeps the Council informed, and allows for modifications, retractions, or extensions of regulations imposed by the City Manager. WHEREAS, at the City of Kenai, Harbor Commission meeting on May 12, 2014, the Harbor Commission recommended NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 13.20.035 of the Kenai Municipal Code: That I {enai Municipal Code, Section 13.20.035 - Camping, Fires, and Other Activities on City Beaches, is hereby amended as follows: New Text U1iderlined: JDCLETED TEXT P , 4T of «v Page 5 of 37 Ordinance No. 2755 -2014 Page 2 of 3 Section 13.20.035 - Camping, Fires, and Other Activities on City Beaches. (a) The intent of this section of code is to regulate camping, fires and other activities on City beaches that threaten or have the potential to threaten or damage public and private property, use and enjoyment of the beaches, public safety, health and welfare, and other City interests. [THE FOLLOWING IS PROHIBITED:] I. Camping, starting or maintaining open fires, and parking on City Beaches is prohibited as follows: A. On that portion of the South Beach beginning at the line common to the NE '/4, and SE '/4, of Section 7, Township 5 North, Range 11 West, Seward Meridian Alaska South to the City of Kenai boundary, located on Section 7 and 18, Township 5 North, Range 11 West, Seward Meridian, as shown on Appendix V of Title 13 of the Kenai Municipal Code. [B.] [WITHOUT FURTHER AUTHORIZATION, THE CITY MANAGER MAY TEMPORARILY EXPAND THE AREA(S) CLOSED TO CAMPING, STARTING OR MAINTAINING OPEN FIRES, AND PARKING ON CITY BEACHES AS NECESSARY TO PROTECT THE PUBLIC HEALTH AND WELFARE, CITY INTERESTS OR PRIVATE PROPERTY FOR PERIODS NOT TO EXCEED 30 DAYS. FURTHER EXTENSIONS OF NOT MORE THAN 60 DAYS MAY BE APPROVED BY RESOLUTION OF THE CITY COUNCIL. IN ALL CASES, REASONABLE PUBLIC NOTICE SHALL BE PROVIDED.] [C.] [THE PROVISIONS OF THIS SECTION DO NOT APPLY TO GOVERNMENTAL OFFICIALS IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, OR TO PRIVATE PROPERTY OWNERS OTHERWISE LAWFULLY ENGAGED IN ACTIVITIES ON THEIR PRIVATE PROPERTY.] 2. With reasonable public notice, and without further authorization, the City Manager may temporarily close City beaches or portions thereof to camnina, starting or maintaining open fires, parking, vehicular access and other similar activities. Causes for such temporary closures include but are not limited to extreme high tides, conditions creating high fire dangers health hazards, high waters or flooding or other risks to public safety, health or welfare or to the maintenance of City owned or managed property. A. Any temporary closure described in subsection (a)(2) above authorized by the City Manager must be reported to Council at the next Council meeting after the temporary closure takes effect. New Text Underlined; (DELETED TEXT Page 149 of 22 • •.•- • of Ordinance No. 2755 -2014 Page 3 of 3 B. Temporary closures authorized by the Citv Manager as described in subsection (a)(2) above may not exceed thirty (301 days The Council may extend and modify closures by resolution j11 "City beaches," for purposes of this code section means the areas of the North and South Beach as shown on Appendix III and IV of Title 13 of the Kenai Municipal Code. Lc][B] A violation of this section shall be punishable as provided in KMC 13.05.010 Ldl The provisions of this code section do not apply to governmental officials in the Performance of their official duties or to private property owners otherwise lawfully engaued in activities on their private property. 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 1.15.0700, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: May 7, 2014 Adopted: May 20, 2014 Effective: June 20, 2014 New Text Underlined; DELETED TEXT BRACKETED M "Vill49e with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: Mayor Porter, Council Members, and Student Representative FROM: Council Members Brian Gabriel and Bob Molloy DATE: 05 -01 -14 SUBJECT: Ordinance No. 2755 -2014 Ordinance No. 2755 -2014 builds on the new code section enacted by Ordinance No. 2744 -2014, which Council passed at its 04 -02 -14 meeting. That earlier ordinance enacted KMC 13.20.035 — Camping, Fires, and Other Activities on City Beaches. The major purpose of that earlier ordinance was to prohibit camping, starting or maintaining open fires, and parking on the portion of the South Beach defined in that ordinance. Ordinance No. 2755 -2014 moves the subject matter of former Subsection (a).LB to new Subsection 2, and expands and clarifies that subject matter. New Subsection 2 provides that, with reasonable public notice in advance, the City Manager may temporarily close City beaches or portions thereof to camping, starting or maintaining open fires, parking, vehicular access and other similar activities in order to protect public safety, health or welfare, and for City maintenance of property. Causes for such temporary closures include but are not limited to extreme high tides, conditions creating high fire dangers, health hazards, high waters or flooding or other risks to public safety, health or welfare or to the maintenance of City owned or managed property. "City beaches" is defined to be the areas of the North and South Beach as shown oil Appendix III and IV of Title 13 of the Kenai Municipal Code. Ordinance No. 2755 -2014 provides that any temporary closure authorized by the City Manager may not exceed thirty (30) days and must be reported to Council at the next Council meeting after the temporary closure takes effect. This new ordinance also provides that Council may extend and modify closures by resolution, and it moves the subject matter of former Subsection (a). LC -- exempting both governmental officials in the performance of their official duties and private property owners otherwise lawfully engaged in activities on their private property -- to new Section (d). Your support of this ordinance is respectfully requested. P-age4f9 of 22 Page 8 of 37 Sponsored by: Councilors Molloy and Gabriel CITY OF KENAI ORDINANCE NO. 2756 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING KENAI MUNICIPAL CODE 13.20.030 - PROTECTION OF NORTH AND SOUTH SHORE, AND RE- ENACTING IT AS KENAI MUNICIPAL CODE 13.20.030 - PROTECTION OF ENVIRONMENTALLY SENSITIVE AREAS, TO EXPAND ITS APPLICATION AND TO AUTHORIZE THE CITY MANAGER TO IMPLEMENT RESTRICTIONS ON PUBLIC ENTRY, ACCESS AND USE FOR THE PROTECTION OF ENVIRONMENTALLY SENSITIVE AREAS OWNED OR MANAGED BY THE CITY, SUBJECT TO CHANGE BY THE COUNCIL. WHEREAS, Kenai Municipal Code 13.20.030 - Protection of North and South Shore currently prohibits the public from entering areas of the North and South Shore of the Kenai Beach marked as "No Trespassing" to protect environmentally sensitive areas; and, WHEREAS, the City owns environmentally sensitive areas that are not on the North and South Shore of the Kenai Beach and that also can easily be degraded by use or certain kinds of use; and, WHEREAS, expanding the scope of the Ordinance to allow for access and use restrictions on all environmentally sensitive areas for which the City is responsible and clarifying the process for implementing such restriction is in the best interest of the City; and, WHEREAS, at the City of Kenai, Harbor Commission meeting on May 12, 2014, the Harbor Commission recommended NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form: That this is a code ordinance. Section 2. Repealing and Re- enacting of Section 13 20 030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.20.030 - Protection of the North and South Beach, is hereby repealed and re- enacted as follows: 13.20.030 Protection of Environmentally Sensitive Areas (a) The intent of this section is to provide for the protection of environmentally sensitive areas owned or managed by the City Such areas include but are not limited to dunes, bluffs, wetlands, and drainages that may be easily degraded or impacted by human activities. NCR' Text Underlined; [DELETED TEXT BRACKETED Pane ''_�r� Page 9 of 37 Ordinance No. 2756 -2014 Page 2 of 2 (b) With reasonable public notice and without further authorization, the City Manager may temporarily, seasonally or permanently close environmentally sensitive areas owned or managed by the City to all or limited forms of ent v, access and use, subiect to change by the Council, (c) Areas closed under this section by the City Manager must be reported to Council at the next Council Meeting following such closure. (d) The Council may direct the City Manager to open, close, extend or modify a closure by resolution. (e) It is a violation of this section: (1) To enter or remain on an area owned or managed by the City of Kenai that is reasonably marked with signage including but not limited to "No Trespassing "; "Closed" or "Restricted Access" or (2) To enter upon access or use an area marked as a "Closed" or "Restricted Access" area by a means prohibited by such notification. (g) A violation of this section shall be punishable as provided in KMC 13.05.010. enter upon the area designated for closure. 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 KINK 1.15.070(1), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: May 7, 2014 Adopted: May 20, 2014 Effective: June 20, 2014 New Text Underlined; [DELETED TEXT BRACKETED] Page f2-24 Page 10 of 37 / /V, `ae with a Past, Gc with a future 10 Fidalgo Avenue, Kenai, laska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter, Council Members and Student Representative FROM: Council Members Brian Gabriel and Bob Molloy DATE: 05 -01 -14 SUBJECT: Ordinance No. 2756 -2014 Ordinance No. 2756 -2014 repeals KMC 13.20.030 — Protection of the North and South Beach and then re- enacts KMC 13.20.030 as Protection of Environmentally Sensitive Areas. This ordinance addresses issues identified during Council work sessions in 2013 -2014. The Council and Administration received public comments about other areas of environmentally sensitive City owned or managed property in the Kenai River estuary that may need protection on a temporary or seasonal basis in July of each year, which areas may be outside the North and South Beaches as defined in existing code and its Appendix III (Maps attached). The Administration has expressed that there may be other areas of City owned or managed property that are environmentally sensitive in the Kenai River estuary and that are subject to excessive degradation; for example excessive degradation of property from the dip net fishery in the month of July.2 Like the existing code, Ordinance No. 2756 -2014 provides for the protection of environmentally sensitive areas. Ordinance No. 2756 -2014 expands the definition of "environmentally sensitive areas" in two (2) ways. First, the ordinance expands the area of property that may be protected to "environmentally sensitive areas owned or managed by the City," so the area is not limited to the North and South Beaches as in the existing code.3 Second, this ordinance adds "bluffs" and "drainages" plus some other limiting language in section (a);° while the previous code's 'A copy of the code being repealed is attached. 'Like the existing code, this ordinance does not apply to private property. s If Ordinance No. 2756 -2014 passes, then Appendix III (the Maps) will not apply because environmentally sensitive areas owned or managed by the City may be outside the Maps, Appendix III. Section (a): "Such areas include but are not limited to dunes, bluffs, wetlands, and drainages that may be easily degraded or impacted by human activities." Page 1r o�vo of 220 Page 11 of 37 Mayor Porter and City Councilors 05 -01 -14 Page 2 of 2 subsection (b)(1) limited the definition to "wetland or sand dune area(s) that are reasonably marked as "No Trespassing." This ordinance does not regulate or apply to private property. In summary, this ordinance codifies the authority of the City Manager, with reasonable public notice in advance, to temporarily, seasonally or permanently close environmentally sensitive areas owned or managed by the City to all or limited forms of entry, access and use, subject to change by the Council. Areas closed by the City Manager must be reported to Council at the next Council Meeting following such closure. The Council may direct the City Manager to open, close, extend or modify a closure by resolution. Violations are defined in (e) and are punishable as provided in KMC 13.05010. Section (g) exempts governmental officials in the performance of their official duties, where such duties reasonably require the official to enter upon the area designated for closure. Your support of this ordinance is respectfully requested. Rage-4-5 -^of-�29 Page 12 of 37 13.20.010 Chapter 13.20 area shown on Appendix III of Title 13 of the Kenai Municipal Code. For purposes of OFFENSES AGAINST PROPERTY this section the South Shore area of the Ke- nai Beach is the area shown on Appendix IV Sections: of Title 13 of the Kenai Municipal Code. 13.20.010 Placing signs on another's (b) It is a violation; property. (1) To enter out wetland or sand dunes 13.20.020 Throwing or shooting at areas) that are reasonably marked as persons or property. "No Trespassing;" or 13.20.030 Protection of North and South (2) To remain on such designated wetland Shores, or sand dune area after the person has 13.20.040 Trespass. been requested to leave the sand dune area by someone with the apparent au- 13.20.010 Placing signs on another's thority to do so. property. (c) The City Manager or designee is authorized It is unlawful for any person to place, stick, to cause the posting of signs designating tack, paste, post, paint, mark, write, or print any "No Trespassing." sign, poster, picture, announcement, advertise- (d) For purposes of this section, a "sand dune" ment, bill, placard, device, or inscription upon is defined as a naturally occurring accumula- any public or private building, fence, sidewalk, tion or sand ridges or mounds landward of bridge, viaduct, post, automobile, other vehicle, the high water mark. or other property of another without the consent (e) For purposes of this section, "wetlands" is of the owner or person in charge thereof. (KMC defined as those areas that are inundated or 13 -21; Ord. 419) saturated by surface ground water at a fre- quency and duration sufficient to support, 13.20.020 Throning or shooting at persons and under normal circumstances do support, or property. a prevalence of vegetation typically adapted It is unlawful for any person to throw or for life in saturated soil conditions. Wet - shoot any stone, shot, or other object into or lands generally include swamps, marshes, across any street or alley, or any place where he is bogs and similar area. likely to hit another person wrongfully or to injure (t) The provisions of this section do not apply property, or throw or shoot any stone, shot, or to governmental officials in the performance other object at any person, vehicle, structure, elec- of their official duties, where such duties tric light, or other property of another (whether reasonable require the official to go upon the public or private), except in case where such is designated sand dune area. done justifiably in defense of oneself, another O A violation of this section shall be punish - person, or of property. (KMC 13 -22; Ord. 419) able as provided in KMC 13.05.010. 13.20.030 Protection of North and South Shore. (a) The intent of this section is to protect the Content Highlighted is environmentally sensitive areas on portions Being Repealed. of the North and South Shore of the Kenai Beach. For purposes of this section the North Shore area of the Kenai Beach is the 223 (Kenai Supp. No. 93, 1O -OBI Page 13 of 37 13,20.030 -40"m p� -- [Ditto] [MAP WILL NOT APPLY TO KMC 13.20.030] (Kenai Supp. No. 93, 1008) 224 Page 1. -66 of 2'� Page 14 of 37 t 3.20.030 - i- ...�L, . •. nZ'�� 1 i may.. �r r 1 i i I 1 1 M i Ln zP•, (Ords. 2317 -2008, 2324 -200_ SZ IF ORDINANCE 2756 -2014 PASSES, MAP WILL NOT APPLY TO PROTECTION ENVIRONMENTALLIYi Supp. No. 3,1008) SENSITIVE AREAS, AS AF ,&COULD BE OUTSIDE a 37 MAP. wage THIS PAGE IS INTENTIONALLY LEFT BLANK Page 16 of 37 i �C9 'y M O N f6 IL 1/1 AIL A M O N f6 IL F- CIO U rO V 1 r T ke 0. ^ Y 4U U� m 0. b N � U 0 0 0 0 0 0 O O h O �o C7 tol� b4 N � ti f+4 69 U� m 0. b N � U 0 0 0 0 0 0 C7 tol� b4 N � ti U� m 0. b N � U by �'ry q N x� a O N ti o � � U q q n M N 0) f4 a 0 0 0 0 0 0 69 tol� b4 6q 69 b4 by �'ry q N x� a O N ti o � � U q q n M N 0) f4 a w �Illllldilifllu Cl) w O N C13 a W w �Illllldilifllu Cl) w O N C13 a � � � .� � � .� � � � � � � � � � � 7±� § ® a ( ) / � ) 3 � § ] to •t § Z \ / ] 9 ± � � ( o � � $ 2 � a§m - /en Z i q § /2ƒ k 12 � ■ % / Q � 2 k3 /7 � » � R & 2 a = 2 �•` 2 k � � = •\ \� kk At ;zk / �. 22/7/: � k��( \k § %� 2\��/ § 2 « 7 ��3tt22% p on � °2/ � w y•- \f5 2 � � t a # § § w 9 � ta 3•B G � � § 7±� § ® a ( ) / � ) 3 � § ] to •t § Z \ / ] 9 ± � � ( o � � $ 2 � a§m - /en Z i q § /2ƒ k 12 � ■ % / Q � 2 k3 /7 � » � R & 2 O 1w S, B III TW� r � W% d V M� W a c LL a C R (A N L a 4) CL X W 4) 4) 4) �d Y� O O O O O O O O O O O O O fA O O O O O O O O O O O O O O O O O O (O In V CJ N M f9 U3 fA U3 fA O U Q O O N Y LL Q O N } LL U C t0 fn C LL LL N N L w m N N 7 N C l0 F rl- M O N N O) f6 a City of Kenai Fiscal Year 2015 Operating Budget Budget Projection Fund: 006 - Personal Use Fishery Fund Page 22 of 37 Original Manager Actual Actual Budget Projection Proposed FY 2012 FY 2013 FY 2014 FY 2014 FY 2015 Revenues Beach Parking $ - $ - $ 300,640 $ 269,226 $ 300,000 Beach Camping - - 62,850 64,838 70,000 Dock Launch & Park - - 85,275 91,434 91,500 Dock Parking Only - - 27,195 14,687 15,000 Other - - 7,192 5,000 2,676 Total Revenue - - 483,152 445,185 479,176 Expenditures Public Safety - - 110,862 115,712 113,836 Streets - - 68,460 58,460 59,082 Boating Facility - - 112,489 111,389 90,173 Parks, Recreation & Beautification - - 191,341 197,591 229,801 Total Expenditures - - 483,152 483,152 492,892 Contribution To /(From) Fund Balance: - - - (37,967) (13,716) Projected Lapse - - - (44,241) 11,013 Adjusted (Deficit) /Surplus 6,274 (2,703) Beginning Fund Balance - - - - 6,274 Ending Fund Balance $ - $ - $ - $ 6,274 $ 3,571 Page 22 of 37 City of Kenai Fiscal Year 2015 Operating Budget Personal Use Fishery Fund Summary by Line Item Page 23 of 37 Five year Original Manager Increase aunt Expense FY2013 Historical Budget Amended Proposed (Decrease) % Number Description Actual Average FY2014 Budget FY2015 FY2014 origins Change Salaries and Benefits 0100 Salaries $ - $ - $ 84,273 $ 78,273 $ 87,630 $ 3,357 3.98% 0200 Overtime - - 60,990 48,684 39,534 (21,456) (35.18 %) 0250 Holiday Pay _ _ _ _ _ _ _ 0300 Leave - - 1,133 1,133 1,068 (65) (5.74 %) 0400 Medicare - - 2,122 2,122 1,859 (263) (12.39 %) 0450 Social Security - - 5,746 5,746 5,232 (514) (8.95 %) 0500 PERS - - 18,758 14,558 18,838 80 0.43% 0600 Unemployment Insurance - - 731 731 641 (90) (12.31 %) 0700 Workers Compensation - - 4,690 4,690 4,882 192 4.09% 0800 Health & Life Insurance - - 9,844 7,844 8,087 (1,757) (17.85 %) 0900 Supplemental Retirement - - 691 691 953 262 37.92% Total Salaries & Benefits $ - $ - $ 188,978 $ 164,472 $ 168,724 $ (20,254) (10.720 %) Maintenance and Operations 2021 Office Supplies - _ _ _ _ _ _ 2022 Operating & Repair Supplies - - 19,865 17,765 20,030 165 0.83% 2024 Small Tools /Minor Equipment - - - 14,600 4,500 4,500 - 2025 Snack Bar Supplies - - - _ _ _ _ 2026 Computer Software - - - _ _ _ _ 4531 Professional Services - - - 1,000 2,500 2,500 - 4532 Communications - - 150 150 2,090 1,940 1,293.33% 4533 Travel & Transportatior - - - _ _ _ _ -44 Advertising - - 750 750 800 50 6.67% -5 Printing & Binding - - 5,500 5,500 6,000 500 9.09% .,36 Insurance - - 881 881 2,387 1,506 170.94% 4537 Utilities - - - - 996 996 - 4538 Repair & Maintenance - - - _ _ _ _ 4539 Rentals - - 77,747 109,234 106,565 28,818 37.07% 4540 Equip. Fund Pmts. - - - _ _ _ _ 4541 Postage 4666 Books 4667 Dues & Publications_ - - - 4999 General Contingency - - 47,481 - - (47,481) (100.00 %) 5041 Miscellaneous - - 7,500 7,500 7,500 - - 5045 Depreciation - - _ _ _ 5047 Grants to Agencies Total Maint. and Operations $ - $ - $ 159,874 $ 157,380 $ 153,368 $ (6,506) (4.07 %) Capital Outlay & Transfers 8061 Land _ _ _ _ _ 8062 Buildings - _ _ _ _ _ _ 8063 Improvements - - 30,000 30,000 45,000 15,000 50.00% 8064 Machinery & Equipmew - - - 27,000 - - - 9090 Transfers - - 104,300 104,300 125,800 21,500 20.61% Total Capital Outlay and Transfers $ - $ - $ 134,300 $ 161,300 $ 170,800 $ 36,500 27.18% Department Total: $ - $ - $ 483,152 $ 483,152 $ 492,892 $ 9,740 2.02% Page 23 of 37 DEPARTMENT NARRATIVE PERSONAL USE FISHERY - DIPNET PUBLIC SAFETY The annual dipnet fishery requires significant City public safety resources. Police Officers and temporary enforcement officers are needed for daily dipnet operations such as: traffic control, parking enforcement, cash pick -ups, camping enforcement, litter patrol, general maintaining of order, limiting access to full parking lots, and responding to a variety of calls for service. The Dispatch Center is the communications hub for public safety dipnet operations. The Kenai Fire Department responds to a variety of dipnet - related calls for service every year, working side by side with police officers and temporary enforcement officers. In CY2013, the Police Department responded to 137 dipnet calls for service. By providing a continuous presence of police officers and TEOs at dipnet locations, the department is able to maintain order and prevent a much larger number of calls for service. The calls for service are comprised of criminal offenses, motor vehicle crashes, traffic violations, stuck vehicles, lost children, lost property, disturbances and a variety of other calls. During the fishery, most of the City's 18 police officers are utilized for dipnet operations. The Police Chief and Lieutenant are involved with dipnet planning as well as ongoing operations during the fishery. Most of the Police Department's vehicles are utilized during the fishery, including police cruisers, pick -ups, and all- terrain vehicles. The Kenai Communications Center has 8 dispatchers who dispatch for Police and Fire personnel during the fishery. Dispatchers are often the first line of communications on dipnet calls for service. The Kenai Fire Department responds to a variety of calls for service involving dipnet participants. Those calls can vary from dumpster fires to heart attack patients to rescuing boaters whose boat capsized. The Fire Department has a rigid inflatable boat which is utilized for river rescues, and has a Polaris Ranger which can be utilized for beach rescues. For the 2014 dipnet fishery, the Police Department plans to hire and utilize 6 Temporary Enforcement Officers. The six TEOs will help ensure compliance with litter laws and will greatly assist with other dipnet operations. Page 24 of 37 City of Kenai Fiscal Year 2015 Operating Budget Page 25 of 37 Fund: 006 - Personal Use Fishery Fund Department: 21 - Public Safety Five year Original Manager Increase junt Expense FY2013 Historical Budget Amended Proposed (Decrease) % Number Description Actual Average FY2014 Budget FY2015 FY14 Original Change Salaries and Benefits 0100 Salaries $ - $ - $ 20,255 $ 20,255 $ 22,362 $ 2,107 10.40% 0200 Overtime - - 11,140 10,134 7,862 (3,278) (29.43 %) 0250 Holiday Pay - _ _ _ _ 0300 Leave _ _ _ _ 0400 Medicare - - 455 455 438 (17) (3.74 %) 0450 Social Security - - 1,946 1,946 1,874 (72) (3.70 %) 0500 PERS _ _ - _ 0600 Unemployment Insurance - - 157 157 151 (6) (3.82 %) 0700 Workers Compensation - - 665 665 768 103 15.49% 0800 Health & Life Insurance - - - _ _ _ _ 0900 Supplemental Retirement - - - Total Salaries & Benefits $ - $ - $ 34,618 $ 33,612 $ 33,455 $ (1,163) (3.36 %) Maintenance and Operations 2021 Office Supplies _ _ _ _ _ _ _ 2022 Operating & Repair Supplies - - - _ 2024 Small Tools /Minor Equipmen' - - - 13,500 - - - 2025 Snack Bar Supplies _ _ _ _ 2026 Computer Software 4531 Professional Services 4532 Communications 4533 Travel & Transportatior -34 Advertising 5 Printing & Bindinc - - _ _ _ _ _ ,36 Insurance - - - - 381 381 - 4537 Utilities _ _ _ _ _ 4538 Repair & Maintenance 4539 Rentals 4540 Equip. Fund Pmts. 4541 Postage 4666 Books 4667 Dues & Publications - - _ 4999 Contingency - - 7,644 _ _ (7,644) (100.00 %) 5041 Miscellaneous _ _ _ 5045 Depreciation - 5047 Grants to Agencies - - _ - _ _ _ Total Maint. and Operations $ - $ - $ 7,644 $ 13,500 $ 381 $ (7,263) 95.02 %) Capital Outlay & Transfers 8061 Land - - _ _ 8062 Buildings 8063 Improvements 8064 Machinery & Equipmeni - - _ - _ _ _ 9090 Transfers Out - - 68,600 68,600 80,000 11,400 16.62% Total Capital Outlay and Transfers $ - $ - $ 68,600 $ 68,600 $ 80,000 $ 11,400 16.62% Department Total: $ - $ - $ 110,862 $ 115,712 $ 113,836 $ 2,974 2.68% Page 25 of 37 City of Kenai Fiscal Year 2015 Operating Budget Fund: 006 - Personal Use Fishery Fund Department: 21 - Public Safety Account Manager Number Descriotion Proposed 9090 Transfer to Other Funds Transfer to General Fund: Central Administrative Costs 80,000 Page 26 of 37 DEPARTMENT NARRATIVE GENERAL FUND — PERSONAL USE FISHERY / STREETS The Kenai River Personal -Use Fishery, open to residents of the State of Alaska, occurs during the month of July and attracts thousands of people to the mouth of the Kenai River and the surrounding areas. The City of Kenai Streets Department works jointly with other City Departments, local and State agencies, commercial vendors and the public in order to meet the City's management and maintenance needs directly related to the state's Kenai River Personal -Use Fishery. The entire Streets crew builds temporary roads at the entrances to the beaches, grades gravel roads and parking lots utilized by the fishery participants, places gravel and dust control, and installs /removes signs and concrete barriers. Page 27 of 37 City of Kenai Fiscal Year 2015 Operating Budget Page 28 of 37 Fund: 006 - Personal Use Fishery Fund Department: 33 - Streets Five year Original Manager Increase Account Expense FY2013 Historical Budget Amended Proposed (Decrease) % Number Description Actual Average FY2014 Budget FY2015 FY14 Original Change Salaries and Benefits 0100 Salaries $ - $ - $ 11,496 $ 11,496 $ 13,895 $ 2,399 20.87% 0200 Overtime - - - - - - - 0250 Holiday Pay - - - - - - - 0300 Leave - - 460 460 422 (38) (8.26 %) 0400 Medicare - - 173 173 207 34 19.65% 0450 Social Security - - - - - - - 0500 PERS - - 4,103 4,103 61117 2,014 49.09% 0600 Unemployment Insurance - - 60 60 71 11 18.33% 0700 Workers Compensation - - 550 550 763 213 38.73% 0800 Health & Life Insurance - - 3,281 3,281 3,754 473 14.42% 0900 Supplemental Retirement - - 285 285 381 96 33.68% Total Salaries & Benefits $ - $ - $ 20,408 $ 20,408 $ 25,610 $ 5,202 25.49% Maintenance and Operations 2021 Office Supplies - - - - - - - 2022 Operating & Repair Supplies - - 12,600 12,600 11,230 (1,370) (10.87 %) 2024 Small Tools /Minor Equipment - - - - - - - 2025 Snack Bar Supplies - - - - - - - 2026 Computer Software - - - - - - - 4531 Professional Services - - - - - - - 4532 Communications - - - - - - - 4533 Travel & Transportatior - - - - - - - 4534 Advertising - - - - - - 4535 Printing & Bindinc - - - - - - 4536 Insurance - - 200 200 192 (8) (4.L . 4537 Utilities - - - - - - - 4538 Repair & Maintenance - - - - - - - 4539 Rentals - - 18,152 18,152 14,850 (3,302) (18.19 %) 4540 Equip, Fund Pmts. - - - - - - - 4541 Postage - - - - - - - 4666 Books - - - - - - - 4667 Dues & Publications - - - - - - - 4999 Contingency - - 10,000 - - (10,000) (100.00 %) 5041 Miscellaneous - - - - - - - 5045 Depreciation - - - - - - - 5047 Grants to Agencies - - - - - - - Total Maint. and Operations $ - $ - $ 40,952 $ 30,952 $ 26,272 $ (14,680) (35.85 %) Capital Outlay & Transfers 8061 Land - - - - - - - 8062 Buildings - - - - - - - 8063 Improvements - - - - - - - 8064 Machinery & Equipment - - - - - - - 9090 Transfers Out - - 7,100 7,100 7,200 100 1.41% Total Capital Outlay and Transfers $ - $ - $ 7,100 $ 7,100 $ 7,200 $ 100 1.41% Department Total: $ - $ - $ 68,460 $ 58,460 $ 59,082 $ (9,378) (13.70°/x) Page 28 of 37 City of Kenai Fiscal Year 2015 Operating Budget Fund: 006 - Personal Use Fishery Fund Department: 33 - Streets Account Manager Number Description Proposed 2022 Operating, Repair & Maintenance Supplies Fuel 6,000 Gravel for 2 beach access 220 yds. @ 6.50 1,430 Calcium Chloride above what would normally be req'd 1,300 Signage (signs in Old Town to replace damaged signs) 2,500 11,230 4539 Rentals General Fund equipment rentals 14,850 9090 Transfer to Other Funds Transfer to General Fund: Central Administrative Costs 7,200 Page 29 of 37 DEPARTMENT NARRATIVE PERSONAL USE FISHERY — DIPNET PARKS & REC The City of Kenai Parks and Recreation Department works jointly with other City departments, local and State agencies, commercial vendors and the public in order to meet the City's management and maintenance needs of the state's Kenai River Personal -Use Fishery. This fishery, open to residents of the State of Alaska, occurs during a three -week period throughout the month of July and attracts thousands of people to the surrounding areas of the mouth of the Kenai River. A significant amount of human resources go into preparing, managing and minimizing the affects of the fishery caused by human interaction each summer. The department staffs the fishery with 13 -15 employees that perform a variety of services. Specifically, these services include fee collection, litter control, solid waste removal, temporary restrooms, protection of environmentally sensitive areas, facility cleaning and removal of fish waste on the City's beaches. Two temporary employees are assigned specifically to assist the police department with enforcing the City's parking and camping regulations. The department also assists with placement of informational & educational signs and preparation of other printed resource material (brochures, maps, fee envelopes, etc.). Page 30 of 37 City of Kenai Fiscal Year 2015 Operating Budget Fund: 006 - Personal Use Fishery Fund Department: 45 - Parks, Recreation & Beautification Page 31 of 37 Five year Original Manager Increase .um Expense FY2013 Historical Budget Amended Proposed (Decrease) % Number Description Actual Average FY2014 Budget FY2015 FY14 Orlainal Change Salaries and Benefits 0100 Salaries $ - $ - $ 35,649 $ 29,649 $ 31,682 $ (3,967) (11.13 %) 0200 Overtime - - 26,289 14,989 25,261 (1,028) (3.91 %) 0250 Holiday Pay - - - - - _ _ 0300 Leave - 302 302 315 13 4.30% 0400 Medicare - 902 902 831 (71) (7.87 %) 0450 Social Security - - 3,005 3,005 2,661 (344) (11.45 %) 0500 PERS - - 4,805 1,305 6,178 1,373 28.57% 0600 Unemployment Insurance - 310 310 286 (24) (7.74°/x) 0700 Workers Compensation - - 2,026 2,026 2,132 106 5.23% 0800 Health & Life Insurance - - 3,109 1,109 1,288 (1,821) (58.57 %) 0900 Supplemental Retirement 256 256 260 4 1.56% Total Salaries & Benefits $ $ $ 76,653 $ 53,853 $ 70,894 $ (5,759) 7.511/6) Maintenance and Operations 2021 Office Supplies 2022 Operating & Repair Supplies - - 6,800 4,800 6,000 (800) (11.76 %) 2024 Small Tools /Minor Equipment - - - 1,000 4,500 4,500 - 2025 Snack Bar Supplies - - - - - _ _ 2026 Computer Software - - - _ _ _ _ 4531 Professional Services - - - 1,000 2,500 2,500 - 4532 Communications - - 150 150 2,090 1,940 1,293.33% 4533 Travel& Transportatior - - _ _ -34 Advertising - - - - - 5 Printing & Binding - - 4,000 4,000 4,000 - - -s6 Insurance - - 456 456 1,521 1,065 233.55% 4537 Utilities - - - - 996 996 - 4538 Repair & Maintenance - - - - _ _ _ 4539 Rentals - - 55,245 77,132 82,100 26,855 48.61% 4540 Equip. Fund Pmts. - - - _ _ _ _ 4541 Postage 4666 Books 4667 Dues & Publications - - - 4999 Contingency - - 19,837 - - (19,837) (100.00 %) 5041 Miscellaneous - - 7,500 7,500 7,500 - - 5045 Depreciation - - 5047 Grants to Agencies Total Maint and Operations $ - $ - $ 93,988 $ 96,038 $ 111,207 $ 17,219 18.32% Capital Outlay & Transfers 8061 Land - - _ _ 8062 Buildings - - - - - _ _ 8063 Improvements - - - - 20,000 20,000 - 8064 Machinery & Equipment - - - 27,000 - - - 9090 Transfers Out - 20,700 20,700 27,700 7,000 33.82% Total Capital Outlay and Transfers $ - S - $ 20,700 $ 47,700 $ 47,700 $ 27,000 130.43% Department Total: $ $ - $ 191,341 $ 197,591 $ 229,801 $ 38,450 20.10% Page 31 of 37 City of Kenai Fiscal Year 2015 Operating Budget Fund: 006 - Personal Use Fishery Fund Department: 45 - Parks, Recreation & Beautication Account Manager Number Description Proposed 2022 Operating and Reoair SUDDIIes 4539 Rentals Dumpsters and portables (North and South Beaches) 75,000 South Spruce dumpsters (Beach /Little League Fields) 5,000 Truck and tractor rentals 2,100 82,100 5041 Miscellaneous KCHS Nordic Ski Team beach clean -up 7,500 8063 Improvements Other Than Buildings North Beach fencing /chain 20,000 9090 Transfer to Other Funds Transfer to General Fund: Central Administrative Costs 27,700 Page 32 of 37 Fuel 2,000 Signage 1,000 Miscellaneous supplies 3,000 6,000 2024 Small Tools & Minor Equipment Burn pits (North Beach) 2,500 Cash drawers for dipnet shacks and extra trays 2,000 4,500 4531 Professional Services Computer software maintenance and modification 2,500 4532 Communications Telephones, Prepaid cell phones, Metro Ethernet 2,090 4535 Printing & Binding Brochures, receipts and iron ranger envelopes printing 4,000 4539 Rentals Dumpsters and portables (North and South Beaches) 75,000 South Spruce dumpsters (Beach /Little League Fields) 5,000 Truck and tractor rentals 2,100 82,100 5041 Miscellaneous KCHS Nordic Ski Team beach clean -up 7,500 8063 Improvements Other Than Buildings North Beach fencing /chain 20,000 9090 Transfer to Other Funds Transfer to General Fund: Central Administrative Costs 27,700 Page 32 of 37 DEPARTMENT NARRATIVE GENERAL FUND — PERSONAL USE FISHERY / BOATING FACILITY The Kenai River Personal -Use Fishery, open to residents of the State of Alaska, occurs during the month of July and attracts thousands of people to the mouth of the Kenai River and the surrounding areas. During the Kenai River Personal -Use Fishery, the City of Kenai Boating Facility is staffed with Streets Department Operators and Temporary Dock Assistants. The services they provide include distributing fee envelopes and brochures, litter control, facility cleaning, traffic control, parking assistance, boat launch management, crane operation, and dock float repair. Solid waste dumpsters and temporary restrooms are provided during the fishery. Page 33 of 37 City of Kenai Fiscal Year 2015 Operating Budget 5041 Miscellaneous 5045 Depreciation 5047 Grants to Agencies Total Maint. and Operations Fund: 006 - Personal Use Fishery Fund - $ - $ 17,290 $ 16,890 $ 15,508 $ (1,782) Department: 60 - Boating Facility Capital Outlay & Transfers Five year Original Manager Increase 8061 Account Expense FY2013 Historical Budget Amended Proposed (Decrease) % umber Description Actual Average FY2014 Budget FY2016 FY14 Orlainal Chanae - Salaries and Benefits - 8063 Improvements - 0100 Salaries $ - $ - $ 16,873 $ 16,873 $ 19,691 $ 2,818 16.70% 0200 Overtime - - 23,561 23,561 6,411 (17,150) (72.79 %) 0250 Holiday Pay - - - - - - 10,900 0300 Leave - - 371 371 331 (40) (10.78 %) 0400 Medicare - - 592 592 383 (209) (35.30 %) 0450 Social Security - - 795 795 697 (98) (12.33 %) 0500 PERS - - 9,850 9,150 6,543 (3,307) (33.57 %) 0600 Unemployment Insurance - - 204 204 133 (71) (34.80°/x) 0700 Workers Compensation - - 1,449 1,449 1,219 (230) (15.87 %) 0800 Health & Life Insurance - - 3,454 3,454 3,045 (409) (11.84 %) 0900 Supplemental Retirement 150 150 312 162 108.00% Total Salaries & Benefits $ - $ - $ 67,299 $ 56,599 S 38,765 $ (18,534) 32.35 0%) Maintenance and Operations 2021 Office Supplies - - - - - - - 2022 Operating & Repair Supplies - - 465 365 2,800 2,335 502.15% 2024 Small Tools /Minor Equipmeni - 100 - - - 2025 Snack Bar Supplies - 2026 Computer Software - - - - - - - 4531 Professional Services 4532 Communications - - - - - - - 4533 Travel & Transportatior - - - - - - - 4534 Advertising - - 750 750 800 50 6'' 4535 Printing & Bindinc - - 1,500 1,500 2,000 500 3: 4536 Insurance - - 225 225 293 68 30.. 4537 Utilities - - - - - - - 4538 Repair & Maintenance - - - - - - - 4539 Rentals 4,350 13,950 9,615 5,265 121.03% 4540 Equip. Fund Pmts. - - - - - - - 4541 Postage - - - - - - - 4666 Books 4667 Dues & Publications - - - - - - - 4999 Contingency - - 10,000 - - (10,000) (100.00°/x) 5041 Miscellaneous 5045 Depreciation 5047 Grants to Agencies Page 34 of 37 Total Maint. and Operations $ - $ - $ 17,290 $ 16,890 $ 15,508 $ (1,782) (10.31 %) Capital Outlay & Transfers 8061 Land - - - - - 8062 Buildings - - - - - - - 8063 Improvements - - 30,000 30,000 25,000 (5,000) (16.67 %) 8064 Machinery & Equipment - - - - - - - 9090 Transfers Out 7,900 7,900 10,900 3,000 37.97% Total Capital Outlay and Transfers $ - $ - $ 37,900 $ 37,900 $ 35,900 $ (2,000) (5.28 %) Department Total: $ - $ - $ 112,489 $ 111,389 $ 90,173 $ (22,316) (19.84°/x) Page 34 of 37 City of Kenai Fiscal Year 2015 Operating Budget Fund: 006 - Personal Use Fishery Fund Department: 60 - Boating Facillity Account Manager Number Description Proposed 2022 _Operating and Repair Supplies Calcium Chloride above what would normally be req'd 1,300 Paint for striping, barricade tape, misc. tools 1,000 Signs 500 2,800 4534 Advertising Advertising for temp. positions 400 Low tide public services announcements 400 800 4535 Printing & Bindin PU brochures and cashier receipts 2,000 4539 Rentals Portable toilets 4,500 Dumpster for 1 month 350 General Fund equipment rentals 4,765 9,615 8063 Improvements Other Than Buildings Replace Launch ramp floats 25,000 9090 Transfer to Other Funds Transfer to General Fund: Central Administrative Costs 10,900 Page 35 of 37 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 36 of 37 u "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MENITORANDUM TO: Mayor Porter, Co- Sponsor Council Member Gabriel Council Members and Student Representative FROM: Council Liaison Bob Molloy J DATE: 04 -08 -14 4u SUBJECT: Ordinance No. 2749 -2014 Harbor Commission's Recommendation for Council At the Harbor Commission meeting on Monday 04- 07 -14, the Commission considered Ordinance No. 2749 -2014 Enacting KMC 11 /05.100 — No Wake Zones, which would codify the authority of the City Manager to establish no wake zones within the Kenai Harbor outside of the Kenai River Special Management Area, subject to change by the Council. Co- sponsor Council Member Gabriel was present at the meeting to make comments, answer Commissioner's questions, and participate in discussion. The Commission's discussions, including discussions with Council Member Gabriel, covered the public safety issues, the five (5) mph limit in subparagraph (c) as may be affected by very high ebbing tides, the property erosion issues, the need for appropriate signage as provided in subparagraph (d) of the ordinance, jurisdictional issues, and enforcement, among other topics. Individual Commissioners expressed support for the City taking its own steps to address dangerous conditions in the Kenai Harbor and erosion caused by the great number of vessels operating at various speeds in close proximity to each other during the concurrent seasons of the dip net, commercial, and sport fisheries each July. The Harbor Commission voted unanimously to approve a motion to support enactment of Ordinance No. 2749 -2014. Therefore, the Last WHEREAS clause could be amended to state: WHEREAS, at its regularly scheduled meeting of April 7, 2014, the Harbor Commission recommended enactment of this ordinance. Page 37 of 37