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2021-01-20 Council Packet
Kenai City Council - Regular Meeting Page 1 of 4 January 20, 2021 Kenai City Council - Regular Meeting January 20, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Dr. Kristin Mitchell - COVID-19 Vaccine Update and Q & A. 2. Joy Merriner, BDO USA, LLP - Presentation of the FY2020 City of Kenai Comprehensive Annual Financial Report, Federal and State Single Audit Reports, and Audit Wrap Up. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 3177-2021 - Authorizing a Shop Local Economic Stimulus Program to Benefit Kenai Small Businesses And Award of a Professional Services Agreement to the Kenai Chamber of Commerce and Visitor Center for Administration of the Program. Substitute Ordinance No. 3177-2021 - Authorizing a Shop Local Economic Stimulus Program to Benefit Kenai Small Businesses And Residents And Award of a Professional Services Agreement to the Kenai Chamber of Commerce and Visitor Center for Administration of the Program. 2. Ordinance No. 3178-2021 - Accepting and Appropriating a COVID Cares Act for Older Adults and Their Caregivers 2021 Grant Passed Through the State of Alaska for Kenai Senior Center Expenditures in Support of its Response to the COVID-19 Public Health Emergency. Page 1 Kenai City Council - Regular Meeting Page 2 of 4 January 20, 2021 3. Resolution No. 2021-01 - Approving Amendments to the Kenai Community Library Policies to Adopt Rules Regarding the Lending of Various Electronic Devices and to Make Housekeeping Changes. 4. Resolution No. 2021-02 - Further Extending the Disaster Emergency Declaration for the City of Kenai Made on March 18, 2020 in Response to the COVID-19 Health Emergency. 5. Resolution No. 2021-03 - Supporting an Amendment Under Consideration by the Kenai Peninsula Borough Anadromous Waters Habitat Protection Work Group to Allow Limited Commercial Activities Within the Habitat Protection District in the City of Kenai. 6. Resolution No. 2021-04 - Accepting a Quitclaim Deed from the Kenai Peninsula Borough for the Land Described as T.6N., R.11W. Sec. 31, Lots 40, 41, and 42 Containing 3.75 Acres, More Commonly Known as the 4th Avenue Park, for the Public Purposes of Maintaining a Public Park. E. MINUTES 1. *Regular Meeting of January 6, 2021. F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. 2. *Action/Approval - Purchase Orders Over $15,000. 3. *Action/Approval - Non-Objection to the Liquor License Renewals for The Bow Bar and The Cannery Lodge. 4. *Ordinance No. 3179-2021 - Amending Positions in the Classified Service in the Public Works and Senior Center Departments as Established by the Annual Budget. 5. *Ordinance No. 3180-2021 - Amending Kenai Municipal Code 3.05.070-Citation Procedure, and Kenai Municipal Code 13.10.015 – Minor Offense Fine Schedule to Incorporate Various Animal Control Offenses into the Minor Offense Fine Schedule and Make Other Housekeeping Changes. 6. *Ordinance No. 3181-2021 - Waiving Kenai Municipal Code 21.10.130 - Lease Execution and Approving a Lease Execution Extension to July 27, 2021 to Kenai Aviation Operations, LLC for Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. 7. Action/Approval - Confirmation of Mayoral Nomination for Appointment to Harbor Commission. 8. Action/Approval - Supporting a Transportation Program for Individuals Receiving COVID- 19 Vaccinations at Locations in Kenai. 9. Action/Approval - Supporting an Amendment to the Grant Agreement with the Kenai Peninsula Food Bank of Alaska. Page 2 Kenai City Council - Regular Meeting Page 3 of 4 January 20, 2021 10. Discussion - Development of City of Kenai Business Stimulus / Incentive Programs. 11. Discussion - Kenai Fine Arts Center Remodel Update. 12. Discussion - COVID-19 Response. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks & Recreation Commission 5. Planning & Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000. The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Page 3 Kenai City Council - Regular Meeting Page 4 of 4 January 20, 2021 Join Zoom Meeting https://us02web.zoom.us/j/88043579001 Meeting ID: 880 4357 9001 Passcode: 372771 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 880 4357 9001 Passcode: 372771 Page 4 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3177-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A SHOP LOCAL ECONOMIC STIMULUS PROGRAM TO BENEFIT KENAI SMALL BUSINESSES AND AWARD OF A PROFESSIONAL SERVICES AGREEMENT TO THE KENAI CHAMBER OF COMMERCE AND VISITOR CENTER FOR ADMINISTRATION OF THE PROGRAM. WHEREAS, the COVID-19 Public Health Emergency has had a significant effect on local business; and, WHEREAS, local businesses are the lifeblood of the Kenai economy providing jobs to residents and sales taxes used to provide essential public services like public safety, street maintenance, parks & recreation, senior services, etc.; and, WHEREAS, creation of a buy local promotion will encourage shopping at Kenai businesses at a critical time in the community’s recovery from the COVID-19 Public Health Emergency; and, WHEREAS, the City has worked directly with the Kenai Chamber of Commerce and Visitor Center on a project to create a Shop Local program which will provide economic relief and stimulus to local businesses and incentivize local spending in the months following the holiday season; and, WHEREAS, the Kenai Chamber of Commerce and Visitor Center is uniquely qualified to administer the program because of its relationship with and advocacy for Kenai businesses; and, WHEREAS, the success of the City is dependent upon the success of the local economy and its businesses and a program to reward local shopping, promote Kenai businesses, and continue the community’s recovery from the COVID-19 Public Health Emergency is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to establish a Shop Local Economic Stimulus Program in the amount of $100,000. Section 2. That the City Manager is authorized to execute a professional service agreement with the Kenai Chamber of Commerce for administration of the program for a total cost not to exceed $15,000 including up to $10,000 to promote the program and up to $5,000 for program administration and support. Page 5 Ordinance No. 3177-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 3. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $115,000 Increase Appropriations – Non-Departmental Professional Services $ 15,000 Grants to Others 100,000 $115,000 Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of January, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: _________________ Introduced: January 6, 2021 Enacted: January 20, 2021 Effective: January 20, 2021 Page 6 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, Acting City Manager DATE: December 21, 2020 SUBJECT: Ordinance 3177-2021 – Shop Local Economic Stimulus Program to Benefit Kenai Small Business The Administration has worked with the Kenai Chamber of Commerce and Visitor Center to develop a Shop Local program (“Shop Here All Year in Kenai”) to provide economic relief and stimulus to Kenai small businesses as well as assistance for residents purchasing required goods and services by incentivizing local purchases. Patrons who spend $200 at Kenai businesses will qualify for a $100 coupon to be used at businesses participating in the program. The program will provide economic support during a usually slow time of year and during this critical time of recovery from the COVID-19 Public Health Emergency. The program would run between February 1 and March 1, 2021, when residents and businesses may benefit from the program the most. The Administration recommends entering into an Agreement with the Kenai Chamber of Commerce and Visitor Center to administer the program for $115,000. This amount includes $100,000 as a direct incentive to shoppers and $15,000 for actual administrative costs, including a marketing campaign, supplies and materials, and administrative costs. Ordinance 3177-2021 would authorize the City Manager to enter into an Agreement with the Kenai Chamber of Commerce and Visitor Center for the Shop Local program. Your consideration is appreciated. Page 7 Professional Services Agreement Last Revised January 2014 CITY OF KENAI AGREEMENT BETWEEN OWNER AND SERVICE PROVIDER FOR KENAI SHOP LOCAL ECONOMIC STIMULUS PROGRAM TO BENEFIT KENAI SMALL BUSINESS MADE AS OF THE ______ DAY OF _______________________ 2021. BETWEEN the OWNER: CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 AND the SERVICE PROVIDER: Kenai Chamber of Commerce and Visitor Center, Inc. 11471 Kenai Spur Highway Kenai, AK 99611 FOR the PROJECT: Kenai Shop Local Economic Stimulus Program to Benefit Kenai Small Business The Owner and Service Provider agree as set forth below. ARTICLE 1 THE WORK The Service Provider shall perform all the work described in the Proposed Kenai Shop Local Program as Attachment "A" hereto, including but not limited to: 1. Basic Services, as described in the Program Description. ARTICLE 2 TIME OF COMMENCEMENT AND COMPLETION The Service Provider’s performance of services required by this AGREEMENT shall commence on February 1, 2021 (date) and terminate on March 30, 2021. ARTICLE 3 COMPENSATION The Owner shall compensate the Service Provider for actual administrative as follows: Administrative Costs not to exceed $15,000 including up to $10,000 to promote the program and up to $5,000 for program administration and support. And fund the program through the Service Provider for direct incentive to shoppers up to $100,000 ARTICLE 4 Page 8 Professional Services Agreement Last Revised January 2014 ENUMERATION OF CONTRACT DOCUMENTS The documents which are specifically incorporated into this AGREEMENT by reference and form the contract documents are listed below. Should any provision or requirement of one portion of the contract documents conflict with any other portion of the contract documents, unless otherwise provided herein, the conflict will be resolved by reference to the contract documents in the following order of priority: A. Any and all later modifications, Change Orders, and written interpretations of the Contract Documents issued by the Owner B. This AGREEMENT C. The Service Provider’s Proposal, including Cost Proposal Any other attachments to this AGREEMENT do not form a part of the AGREEMENT but are for reference or proof of compliance with the requirements of the AGREEMENT, except where the provisions of this AGREEMENT provide such attachments will be or are a part of the AGREEMENT. These form the contract and what is required by any of the documents shall be as binding as if required by all. The intention of the contract documents is to require the furnishing of all labor, material, equipment, and other items necessary for the proper execution and completion of the program and to prescribe the terms and conditions of the contract and payment, so as to include work and materials which may be necessary to produce the intended results. ARTICLE 5 INSURANCE A. Service Provider shall, at Service Provider’s own expense, secure and maintain the following insurance: i. comprehensive general liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual coverage with a per occurrence limit of not less than $1,000,000 combined single limit; ii. worker's compensation insurance with coverage for all employees engaged in work under this Agreement as required by AS 23.30.045 (Service Provider is responsible for worker's compensation insurance for any subService Provider who directly or indirectly provides services under the Agreement); and, iii. comprehensive automobile liability insurance covering all owned, hired, and non-owned vehicles with coverage limits not less than $1,000,000 combined single limit per occurrence. Where specific limits are stated, the limits are the minimum acceptable limits. If Service Provider’s insurance policy contains higher limits, Owner is entitled to coverage to the extent of the higher limits. B. All insurance required by this Section shall meet the following additional requirements: i. for comprehensive general liability and automobile liability insurance, name the City of Kenai as an additional insured; ii. for worker’s compensation insurance, general liability, and automobile liability insurance, where possible, include a waiver of subrogation so that the insurer waives all rights of subrogation against the City of Kenai for payments made under the policy; iii. provide Owner with at least 30 days’ notice before any termination, cancellation, or material change in insurance coverage is effective; and, Page 9 Professional Services Agreement Last Revised January 2014 iv. be issued by a company/corporation currently rated “A-” or better by A.M. Best. C. Service Provider shall submit to Owner proof of insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. The effective date of the insurance will be no later than the first day of the term of this Agreement. D. The indemnification and insurance coverage requirements stated in this Section and in Section 6 below do not relieve Service Provider of any other obligation under this Agreement. Owner may increase the amount or revise the type of required insurance upon written demand without requiring amendments to this Agreement. Owner will base any increase or revision upon reasonable and justifiable grounds. Within two weeks of the written demand, Service Provider shall submit to Owner evidence of insurance coverage that meets the requirements of Owner. ARTICLE 6 Indemnity, Defend, and Hold Harmless Service Provider shall indemnify, defend, and hold harmless Owner and its agents, employees, and/or insurers from claim, loss, damage, liability, including injury and death or expense in any way related to any act or omission of Service Provider or Service Provider’s employees, agents, or invitees arising out of Service Provider’s performance of services under this Agreement, except to the extent any negligence of Owner or its employees or agents is a proximate cause of any injury or damage. If a third party asserts a claim against Service Provider and Owner, Service Provider and Owner shall seek in good faith to achieve Agreement to an apportionment of fault as between them without an independent of litigation. This provision shall survive expiration or termination of this Agreement. ARTICLE 7 All legal notices relating to this contract, including change of address, shall be mailed to the Owner and the Service Provider at the following addresses: OWNER SERVICE PROVIDER City of Kenai Kenai Chamber of Commerce 210 Fidalgo Ave and Visitor Center, Inc. Kenai, Alaska 99611 11471 Kenai Spur Highway Kenai, Alaska 99611 ARTICLE 8 EXTENT OF AGREEMENT This AGREEMENT represents the entire and integrated AGREEMENT between the Owner and the Service Provider, and supersedes all prior, inconsistent negotiations, representations, or AGREEMENTS, either written or oral. This AGREEMENT may be amended only by written instrument signed by both Owner and Service Provider. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in their respective names by their duly authorized representatives as of the date and year above written. ARTICLE 9 ATTACHMENTS Page 10 Professional Services Agreement Last Revised January 2014 In the event there is any difference between an attachment to the original of this AGREEMENT on file with the City of Kenai and any attachment to a duplicate original of the AGREEMENT, the attachments to the original filed with the City shall control. ARTICLE 10 JURISDICTION: CHOICE OF LAW This contract shall be governed by the laws of the State of Alaska, and any lawsuit brought thereon shall be filed in the Third Judicial District at Kenai, Alaska. OWNER and SERVICE PROVIDER each binds themselves, their partners, successors, assigns and legal representatives in respect to all covenants, AGREEMENTs and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in their respective names or by their duly authorized representatives as of the date and year above written. OWNER: CITY OF KENAI By: __________________________ Paul Ostrander City Manager STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of __________, 2021. Paul Ostrander, City Manager, City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. ______________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: _________ Approved by Legal: _________ Approved by Finance: _________ SERVICE PROVIDER: By: __________________________ Name: _______________________ Title: ________________________ STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of __________, 2021. ____________________________,(title) _________________________of ______________________ being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. ______________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: _________ Page 11 Kenai Shop Local Program: Shop Here All Year in Kenai Budget: $115,000 Purpose: To encourage and motivate local spending at Kenai businesses Dates: February 1 – March 1, 2021 Program Description: By shopping and spending $200 (or more) on discretionary items in Kenai, participants will receive one (1) $100 voucher of their choice to spend at local participating businesses. Vouchers will be issued on a first-come, first-serve basis, concluding on March 1, or when funds run out. Vouchers must be spent by March 30, 2021 Definitions: Discretionary purchases in this program include, but are not limited to: Clothing, furniture, tools, sporting goods, art, jewelry, massage, haircuts, restaurants, cafes, bars & distilleries, museums, books, flowers, and collectibles. Non-Discretionary purchases are not eligible under this program, and include, but are not limited to: Groceries, fuel, utilities, vehicles, mortgage or rent, firewood, medical bills, or prescriptions. Participant Rules: Participants must submit up to 10 receipts totaling at least $200 via an online form or bring them into the Kenai Chamber of Commerce. Submitted receipts must be from a business located within the Kenai City limits. Receipts must be readable and itemized. The date, name of the business, and the full total must be included. Receipts must be dated between February 1, 2020 and March 1, 2020. Taxes, tips, delivery fees, and shipping are not eligible for the purchase total. After submitting receipts, participants choose a participating businesses they would like to receive a $100 shopping voucher from by selecting them from the available list. If there is any problem validating your receipts, you will be contacted by email and asked to clarify or submit additional receipts to reach $200. Vouchers will be mailed to the address provided within two – four business days of receiving the submitted form or receipts. Participants may also choose to pick up their vouchers in person. Participating Business Rules: Voucher merchants must be located within the Kenai City limits. The business must have been in existence with a valid State of Alaska business license as of January 1, 2021. Must be current in sales tax registration with the Kenai Peninsula Borough and not be delinquent with the Kenai Peninsula Borough Tax Department. Must not be a national chain or a C corporation traded on the U.S. stock exchange. Individually owned-and-operated local franchise are eligible. Additional Details: Payments for awarded vouchers will be made weekly to participating businesses. New businesses will be able to sign up on to the program at any time, provided they meet the criteria. Attachment A Page 12 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Henry Knackstedt, City Council Member DATE: January 12, 2021 SUBJECT: Ordinance 3177-2021 – Amendment to Service Provider’s Proposal and Increasing the Appropriation to the Program After reviewing the initial “Shop Here All Year” program proposal provided by the Kenai Chamber of Commerce and Visitors Center (KCCVC), I was concerned that the requirement that participants spend a minimum of $200 to be eligible to receive a $100 voucher would be limiting for some individuals within our community who may not have $200 to spend on discretionary items. I asked administration to determine if the KCCVC would be able to modify the program to provide an additional tier of eligibility whereby a participant could spend $100 on allowable discretionary purchases and be eligible to receive a $50 voucher. Administration confirmed with the KCCVC that this tier could be added without additional cost to the City. I move that Council direct administration to work with the KCCVC to add a second tier of eligibility to the Shop Here All Year program to allow participants who spend $100 on allowable discretionary purchases be eligible to receive a $50 voucher. I have a second motion that I would like Council to consider: I would move to add $50,000 to the program by amending the Ordinance as follows: Under Section 1, change $100,000 to $150,000. Under Section 3, increase the Appropriation of Fund Balance from $115,000 to $165,000, increase Grants to Others from $100,000 to $150,000, and increase the total appropriation from $115,000 to $165,000. Adding $50,000 will ensure that there are sufficient funds available to accommodate the demand for vouchers until the Council meeting of February 17, 2021. Depending on the level of interest, the ease of administration, and the positive impacts of the program on our local businesses, the Council may want to consider at that meeting if additional funding is appropriate and needed. As we move forward through February and into the spring, Council must also consider other programs that could provide effective support to those businesses that have been hit hardest by the pandemic, to assure that all of them survive the economic impacts of COVID-19. Council is Page 13 Page 2 of 2 tasked with making well-reasoned and responsible decisions on how best to utilize the City’s limited funds for the greatest benefit to both our business community and our residents. Your consideration is appreciated. Page 14 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Victoria Askin, City Council Member DATE: January 14, 2021 SUBJECT: Ordinance 3177-2021 – Amendment to Service Provider’s Proposal Based on the purpose of the “Shop Here All Year” program proposal provided by the Kenai Chamber of Commerce and Visitors Center, to encourage and motivate local spending at Kenai businesses, I followed up with administration to ask if a raffle could be added as a part of the program to further incentivize participation. Participants would be entered into a raffle for a chance to win vouchers from a participating business in the amount of $500, $300, and $200. Administration confirmed with the Kenai Chamber that this proposed amendment to the program to include a raffle would not increase the administrative costs of the program and would be allowed under the Kenai Chamber’s gaming permit. I move that Council direct administration to work with the Kenai Chamber of Commerce and Visitors Center to add a raffle to the Shop Here All Year program to allow participants to be automatically entered into a raffle for a chance to win a $500, $300, and $200 voucher from a participating business. Based on the additional cost of the proposed program, I would include a second motion for Council’s consideration: I would move to add $1,000 to the program by amending the Ordinance as follows: Under Section 1, change $100,000 to $101,000. Under Section 3, increase the Appropriation of Fund Balance from $115,000 to $116,000, increase Grants to Others from $100,000 to $101,000, and increase the total appropriation from $115,000 to $116,000. Your consideration is appreciated. Page 15 Sponsored by: Council Member Teea Winger CITY OF KENAI ORDINANCE NO. 3177-2021 (SUBSTITUTE) AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A SHOP LOCAL ECONOMIC STIMULUS PROGRAM TO BENEFIT KENAI SMALL BUSINESSES AND RESIDENTS AND AWARD OF A PROFESSIONAL SERVICES AGREEMENT TO THE KENAI CHAMBER OF COMMERCE AND VISITOR CENTER FOR ADMINISTRATION OF THE PROGRAM. WHEREAS, the COVID-19 Public Health Emergency has had a significant effect on local businesses and residents; and, WHEREAS, local businesses are the foundation of the Kenai economy providing jobs to residents and sales taxes used to provide essential public services like public safety, street maintenance, parks & recreation, senior services, etc.; and, WHEREAS, creation of a shop local program will encourage shopping at Kenai businesses at a critical time in the community’s recovery from the COVID-19 Public Health Emergency; and, WHEREAS, the Kenai Chamber of Commerce and Visitor Center in cooperation with the City has developed a Shop Local program which will provide economic relief and stimulus to local businesses and incentivize local spending in the months following the holiday season; and, WHEREAS, the Kenai Chamber of Commerce and Visitor Center is uniquely qualified to administer the program because of its relationship with and advocacy for Kenai businesses; and, WHEREAS, the City of Kenai currently has approximately $1,100,000 in the general fund that was originally intended to stimulate the local economy; and, WHEREAS, the “Million Reasons to Shop in Kenai” program will provide much needed economic relief to Kenai small businesses and residents through the purchase of taxable goods and services; and, WHEREAS, the “Million Reasons to Shop in Kenai” program can provide much needed economic stimulus for up to three months (February, March, and April), and potentially incentivize the spending of federal tax returns locally; and, WHEREAS, this substitute allows groceries to be a qualifying purchase, which will give our residents food security, which many in our community are currently struggling with; and, WHEREAS, consumers who spend up to $400 at Kenai businesses, will qualify for vouchers at 100% match that can be redeemed at participating businesses; and, Page 16 Substitute Ordinance No. 3177-2021 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, by increasing the stimulus package from $100,000 to $1,000,000 the net effect could be up to $2,000,000 in economic stimulus and the associated increase in city sales tax revenues; and, WHEREAS, by increasing the stimulus package management budget to $40,000, the Kenai Chamber of Commerce will have adequate funds available for administrative costs, including an aggressive marketing campaign, supplies, and hiring of part time employees to ensure the maximum positive impact for small businesses and residents alike; and, WHEREAS, the success of the City is dependent upon the success of the local economy and its businesses and a program to reward local shopping, promote Kenai businesses, and continue the community’s recovery from the COVID-19 Public Health Emergency is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to establish a Shop Local Economic Stimulus Program in the amount of 1,040,000. Section 2. That the City Manager is authorized to execute a professional service agreement with the Kenai Chamber of Commerce for administration of the program for a total cost not to exceed $40,000 including up to $10,000 to promote the program and up to $30,000 for program administration and support. Section 3. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $1,040,000 Increase Appropriations – Non-Departmental Professional Services $ 40,000 Grants to Others 1,000,000 $1,040,000 Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of January, 2021. Page 17 Substitute Ordinance No. 3177-2021 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: _________________ Introduced: January 6, 2021 Enacted: January 20, 2021 Effective: January 20, 2021 Page 18 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Teea Winger, Council Member DATE: January 14, 2021 SUBJECT: Substitute Ordinance 3177-2021 – Shop Local Economic Stimulus Program to Benefit Kenai Small Business I have been working with the Kenai Chamber of Commerce and Visitor Center to expand Ordinance 3177-2021 and develop a Million dollar Shop Local Program (“Million Reasons to Shop in Kenai”) to provide much needed economic relief to Kenai small businesses and residents through purchasing taxable goods and services. The program would provide consumers who spend up to $400 at Kenai businesses, vouchers at 100% match to participating businesses in $100 increments. This substitute allows groceries to be a qualifying purchase, which will give our residents food security, which many in our community are struggling with. The proposed substitute program also expands allowable qualifying purchases as shown in Attachment A with track changes. Other notable changes in Attachment A include allowing purchases from dispensaries, (but not providing vouchers to them) and other procedural changes based on discussion with the chamber and experience in the retail and hospitality industries. This Million-dollar program will provide much needed economic stimulus for the months of February, March, and April also incentivizing the spending of federal tax returns locally. By extending the dates to cover all the off-season months this will help economic recovery from the COVID -19 pandemic with increased sales. This would potentially help rehire laid off employees and hire seasonal workers earlier. I recommend administration enter into an Agreement with the Kenai Chamber of Commerce and Visitor Center to administer the program for $1,040,000. This amount includes the $1,000,000 as a direct incentive to shoppers and $40,000 for administrative costs, including an aggressive marketing campaign, supplies, and materials. A revised agreement reflecting these changes is attached. This substitute ordinance would authorize the City Manager to enter into an Agreement with the Kenai Chamber of Commerce and Visitor Center for the substitute Shop Local Program. Approving this substitute will show the support Kenai has for its small businesses. Your consideration is appreciated. Page 19 Professional Services Agreement Last Revised January 2014 CITY OF KENAI AGREEMENT BETWEEN OWNER AND SERVICE PROVIDER FOR KENAI SHOP LOCAL ECONOMIC STIMULUS PROGRAM TO BENEFIT KENAI SMALL BUSINESS MADE AS OF THE ______ DAY OF _______________________ 2021. BETWEEN the OWNER: CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 AND the SERVICE PROVIDER: Kenai Chamber of Commerce and Visitor Center, Inc. 11471 Kenai Spur Highway Kenai, AK 99611 FOR the PROJECT: Kenai Shop Local Economic Stimulus Program to Benefit Kenai Small Business The Owner and Service Provider agree as set forth below. ARTICLE 1 THE WORK The Service Provider shall perform all the work described in the Proposed Kenai Shop Local Program as Attachment "A" hereto, including but not limited to: 1. Basic Services, as described in the Program Description. ARTICLE 2 TIME OF COMMENCEMENT AND COMPLETION The Service Provider’s performance of services required by this AGREEMENT shall commence on February 1, 2021 (date) and terminate on May 31, 2021. ARTICLE 3 COMPENSATION The Owner shall compensate the Service Provider for actual administrative as follows: Administrative Costs not to exceed $40,000 including up to $10,000 to promote the program and up to $30,000 for program administration, support and materials. And fund the program through the Service Provider for direct incentive to shoppers up to $1,000,000. ARTICLE 4 Page 20 Professional Services Agreement Last Revised January 2014 ENUMERATION OF CONTRACT DOCUMENTS The documents which are specifically incorporated into this AGREEMENT by reference and form the contract documents are listed below. Should any provision or requirement of one portion of the contract documents conflict with any other portion of the contract documents, unless otherwise provided herein, the conflict will be resolved by reference to the contract documents in the following order of priority: A. Any and all later modifications, Change Orders, and written interpretations of the Contract Documents issued by the Owner B. This AGREEMENT C. The Service Provider’s Proposal, including Cost Proposal Any other attachments to this AGREEMENT do not form a part of the AGREEMENT but are for reference or proof of compliance with the requirements of the AGREEMENT, except where the provisions of this AGREEMENT provide such attachments will be or are a part of the AGREEMENT. These form the contract and what is required by any of the documents shall be as binding as if required by all. The intention of the contract documents is to require the furnishing of all labor, material, equipment, and other items necessary for the proper execution and completion of the program and to prescribe the terms and conditions of the contract and payment, so as to include work and materials which may be necessary to produce the intended results. ARTICLE 5 INSURANCE A. Service Provider shall, at Service Provider’s own expense, secure and maintain the following insurance: i. comprehensive general liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual coverage with a per occurrence limit of not less than $1,000,000 combined single limit; ii. worker's compensation insurance with coverage for all employees engaged in work under this Agreement as required by AS 23.30.045 (Service Provider is responsible for worker's compensation insurance for any subService Provider who directly or indirectly provides services under the Agreement); and, iii. comprehensive automobile liability insurance covering all owned, hired, and non-owned vehicles with coverage limits not less than $1,000,000 combined single limit per occurrence. Where specific limits are stated, the limits are the minimum acceptable limits. If Service Provider’s insurance policy contains higher limits, Owner is entitled to coverage to the extent of the higher limits. B. All insurance required by this Section shall meet the following additional requirements: i. for comprehensive general liability and automobile liability insurance, name the City of Kenai as an additional insured; ii. for worker’s compensation insurance, general liability, and automobile liability insurance, where possible, include a waiver of subrogation so that the insurer waives all rights of subrogation against the City of Kenai for payments made under the policy; iii. provide Owner with at least 30 days’ notice before any termination, cancellation, or material change in insurance coverage is effective; and, Page 21 Professional Services Agreement Last Revised January 2014 iv. be issued by a company/corporation currently rated “A-” or better by A.M. Best. C. Service Provider shall submit to Owner proof of insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. The effective date of the insurance will be no later than the first day of the term of this Agreement. D. The indemnification and insurance coverage requirements stated in this Section and in Section 6 below do not relieve Service Provider of any other obligation under this Agreement. Owner may increase the amount or revise the type of required insurance upon written demand without requiring amendments to this Agreement. Owner will base any increase or revision upon reasonable and justifiable grounds. Within two weeks of the written demand, Service Provider shall submit to Owner evidence of insurance coverage that meets the requirements of Owner. ARTICLE 6 Indemnity, Defend, and Hold Harmless Service Provider shall indemnify, defend, and hold harmless Owner and its agents, employees, and/or insurers from claim, loss, damage, liability, including injury and death or expense in any way related to any act or omission of Service Provider or Service Provider’s employees, agents, or invitees arising out of Service Provider’s performance of services under this Agreement, except to the extent any negligence of Owner or its employees or agents is a proximate cause of any injury or damage. If a third party asserts a claim against Service Provider and Owner, Service Provider and Owner shall seek in good faith to achieve Agreement to an apportionment of fault as between them without an independent of litigation. This provision shall survive expiration or termination of this Agreement. ARTICLE 7 All legal notices relating to this contract, including change of address, shall be mailed to the Owner and the Service Provider at the following addresses: OWNER SERVICE PROVIDER City of Kenai Kenai Chamber of Commerce 210 Fidalgo Ave and Visitor Center, Inc. Kenai, Alaska 99611 11471 Kenai Spur Highway Kenai, Alaska 99611 ARTICLE 8 EXTENT OF AGREEMENT This AGREEMENT represents the entire and integrated AGREEMENT between the Owner and the Service Provider, and supersedes all prior, inconsistent negotiations, representations, or AGREEMENTS, either written or oral. This AGREEMENT may be amended only by written instrument signed by both Owner and Service Provider. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in their respective names by their duly authorized representatives as of the date and year above written. ARTICLE 9 ATTACHMENTS Page 22 Professional Services Agreement Last Revised January 2014 In the event there is any difference between an attachment to the original of this AGREEMENT on file with the City of Kenai and any attachment to a duplicate original of the AGREEMENT, the attachments to the original filed with the City shall control. ARTICLE 10 JURISDICTION: CHOICE OF LAW This contract shall be governed by the laws of the State of Alaska, and any lawsuit brought thereon shall be filed in the Third Judicial District at Kenai, Alaska. OWNER and SERVICE PROVIDER each binds themselves, their partners, successors, assigns and legal representatives in respect to all covenants, AGREEMENTs and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in their respective names or by their duly authorized representatives as of the date and year above written. OWNER: CITY OF KENAI By: __________________________ Paul Ostrander City Manager STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of __________, 2021. Paul Ostrander, City Manager, City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. ______________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: _________ Approved by Legal: _________ Approved by Finance: _________ SERVICE PROVIDER: By: __________________________ Name: _______________________ Title: ________________________ STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of __________, 2021. ____________________________,(title) _________________________of ______________________ being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. ______________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: _________ Page 23 Attachment A Kenai Shop Local Program: A Million reasons to shop in Kenai Budget: $1,040,000.00 Purpose: To encourage and motivate local spending at Kenai businesses Dates: February 1, 2021 – May 31, 2021 Program Description: By shopping and spending on taxable discretionary items in Kenai, participants will receive a voucher for 100% match up to $400 to spend at local participating businesses. Vouchers will be issued in $100 increments at a max of $400 to spend at Kenai participating businesses. Vouchers will be issued on a first-come, first-serve basis, concluding on April 30, 2021, or when funds run out. Vouchers must be spent by May 31, 2021 Definitions: Discretionary purchases eligible under this program include, but are not limited to: taxable items, groceries, Clothing, furniture, tools, sporting goods, vehicles, art, jewelry, massage, nails or hair services, , restaurants, cafes, bars & dispensaries, auto parts, collectables, books, museums, flowers, firewood, movies, storage, lodging or arcades. • Non-Discretionary purchases are not eligible under this program, and include, but are not limited to: non-taxable items, child care, gaming, utilities, fuel, insurance, medical bills, or prescriptions. Participant Rules: • Participants may submit up to 10 receipts totaling a max of $400 via an online form or bring them into the Kenai Chamber of Commerce. • Submitted receipts must be from a business located within the Kenai City limits. • Receipts must be readable and itemized. The date, name of the business, and the full total must be included. Receipts must be dated between February 1, 2021 and April 30th, 2021. • Taxes, tips, delivery fees, SNAP, WIC or shipping are not eligible for the purchase total. • After submitting receipts, participants choose a participating businesses they would like to receive shopping vouchers from in $100 increments, by selecting them from the participating business list. If there is any problem validating your receipts, you will be contacted by email and asked to clarify or submit additional receipts. • Vouchers will be mailed to the address provided within two – five business days after approving the submitted form or receipts. Participants may also choose to pick up their vouchers in person. • Vouchers cannot be redeemed for cash. Lost or Damage vouchers will not be re- issued or accepted. Participating Business Rules: • Voucher merchants must be located within the Kenai City limits. • The business must have been in existence with a valid State of Alaska business license as of January 1, 2021. • Must be current in sales tax registration with the Kenai Peninsula Borough and not be delinquent with the Kenai Peninsula Borough Tax Department. • Must not be a national chain or a C corporation traded on the U.S. stock exchange. Individually owned-and-operated local franchise are eligible. Page 24 • Payments for awarded vouchers will be made the 2nd and 4th week of the month to participating businesses. • New businesses will be able to sign up to be on the program at any time, provided they meet the above criteria. • Lost or damage or damaged vouchers will not be re-issued or accepted Page 25 Attachment A Kenai Shop Local Program: Shop Here All Year in KenaiA Million reasons to shop in Kenai Budget: $115,0001,040,000.00 Purpose: To encourage and motivate local spending at Kenai businesses Dates: February 1 – March 1, 2021 1, 2021 – May 31, 2021 Program Description: By shopping and spending $200 (or more) on taxable discretionary items in Kenai, participants will receive a voucher for 100% match up to $400 one (1) $100 voucher of their choice to spend at local participating businesses. Vouchers will be issued in $100 increments at a max of $400 to spend at Kenai participating businesses. Vouchers will be issued on a first-come, first-serve basis, concluding on March 1April 30, 2021, or when funds run out. Vouchers must be spent by March 30May 31, 2021 Definitions: Discretionary purchases in thiseligible under this program include, but are not limited to: taxable items, groceries, Clothing, furniture, tools, sporting goods, vehicles, art, jewelry, massage, nails or hair services, haircuts, restaurants, cafes, bars & dispensaries, auto parts, collectables, & distilleries, museums, books, museums, flowers, firewood, movies, storage, lodging or arcades. and collectibles. • Non-Discretionary purchases are not eligible under this program, and include, but are not limited to: Groceries non-taxable items, child care, gaming, fuel, utilities, fuel, insurance, vehicles, mortgage or rent, firewood, medical bills, or prescriptions. Participant Rules: • Participants must may submit up to 10 receipts totaling at least $200a max of $400 via an online form or bring them into the Kenai Chamber of Commerce. • Submitted receipts must be from a business located within the Kenai City limits. • Receipts must be readable and itemized. The date, name of the business, and the full total must be included. Receipts must be dated between February 1, 2020 2021 and March 1, 2020April 30th, 2021. • Taxes, tips, delivery fees, SNAP, WIC and or shipping are not eligible for the purchase total. • After submitting receipts, participants choose a participating businesses they would like to receive shopping vouchers from ina $100 increments, shopping voucher from by selecting them from the available participating business list. If there is any problem validating your receipts, you will be contacted by email and asked to clarify or submit additional receipts to reach $200. • Vouchers will be mailed to the address provided within two – four five business days after approving of receiving the submitted form or receipts. Participants may also choose to pick up their vouchers in person. • Vouchers cannot be redeemed for cash. Lost or Damage vouchers will not be re- issued or accepted. • Participating Business Rules: • Voucher merchants must be located within the Kenai City limits. • The business must have been in existence with a valid State of Alaska business license Page 26 as of January 1, 2021. • Must be current in sales tax registration with the Kenai Peninsula Borough and not be delinquent with the Kenai Peninsula Borough Tax Department. • Must not be a national chain or a C corporation traded on the U.S. stock exchange. Individually owned-and-operated local franchise are eligible. • Payments for awarded vouchers will be made the 2nd and 4th week of the month to participating businesses. • New businesses will be able to sign up to be on the program at any time, provided they meet the above criteria. • Lost or damage or damaged vouchers will not be re-issued or accepted Additional Details: Payments for awarded vouchers will be made weekly to participating businesses. New businesses will be able to sign up on to the program at any time, provided they meet the criteria. Page 27 From:Dave Peck To:City_Council Subject:Wednesday"s city council agenda item 3. *Ordinance No. 3177-2021 input for council Date:Monday, January 4, 2021 8:53:33 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello & Good Afternoon. I'd like to provide this letter for the Council's consideration relating to the above proposed ordinance RE: using COVID funds to finance a merchant voucher program. First, this seems like a great program that can assist residents & businesses alike during this virus emergency. So great idea. But using $200 spent (if I understand this correctly) as the threshold to obtain a $100 voucher might be a little high for some people. So maybe also allowing a $50 voucher for $100 spent would permit more people to participate if they can't afford the $200 spend right now. Second, we now have the possibility of a more contagious form of the virus beginning to circulate in the US (the one which started in England) that is causing severe travel restrictions already in Europe. Hopefully this won't happen here especially as the vaccines are distributed, but we can't be sure things won't get worse. Therefore, extending the program at least through April or May could make sense. If we don't get tourism this summer I think we all realise how bad that might effect business & individuals/families considering last summer's lack of tourism. Of course, if the time period is extended, and if you allow vouchers for $100 purchases, you may need more funding. I hope there is additional covid money available specifically to help business if that is necessary, especially since that was one of the main purposes of the COVID funding. I don't know exactly how much would be needed but I would guess at least triple or more. Third, I'm not sure how you'll get the word out this program exists, but I'd guess a good way would be to send all eligible businesses a notice and application to participate. Maybe they could post notices of the program for their customers. Those are my thoughts, Respectfully Dave Peck 705 Sycamore St Kenai. 907-953-3248 DLP1951@gmail.com Page 28 From:AK Wellness & Tanning LLC To:City Clerk; City_Council; Victoria Askin; Brian G. Gabriel, Sr.; Jim Glendening; Henry Knackstedt; Bob Molloy; Glenese Pettey; Teea Winger; Paul Ostrander Subject:Ordinance # 3177-2021 Date:Tuesday, January 12, 2021 9:33:37 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. As a business owner I'm reaching out in support of council member Teea Winger's ammendment to ordinance number 3177-2021. I believe this funding should go towards helping the local economy and local businesses. All local businesses took a huge hit from COVID closures/mandates at the beginning of last year and are still drastically impacted. I believe this program should be the full $1,000,000 for three months to help businesses get through the winter months, along with having a few different voucher amounts to get the most impact (by allowing low income community members to participate in the program). I plan to expand my business this year and bring new services to the community but I've been drastically impacted by COVID. This program has the ability to help bring in business and help the local community members who are struggling as well. Local businesses need the support of community members and this will drive sales, helping to stimulate the economy and helping local businesses survive. It's sad to see how many businesses have closed their doors for good due to COVID and this can help prevent more businesses from going under. I would like this to be read aloud during public comment due to the fact that I won't be able to attend while running my business. Page 29 From:Paul Ostrander To:Jamie Heinz Subject:FW: Kenai Ordinance # 3177-2021 Date:Wednesday, January 13, 2021 10:26:38 AM From: Katie Uei <katieuei@gmail.com> Sent: Tuesday, January 12, 2021 10:55 PM To: Brian G. Gabriel, Sr. <bgabriel@kenai.city>; Bob Molloy <bmolloy@kenai.city>; Glenese Pettey <gpettey@kenai.city>; Henry Knackstedt <hknackstedt@kenai.city>; Jim Glendening <jglendening@kenai.city>; Teea Winger <twinger@kenai.city>; council@soldotna.org; Paul Ostrander <postrander@kenai.city> Subject: Kenai Ordinance # 3177-2021 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I have blind Cc all friends and family (respecting your privacy) that I believe would want to know what’s happening with this ordinance. I ask that each of you pray and email the city officials your thoughts regarding what I have written below. I am okay with you using what I wrote for your message. What I have written is the truth. Uninted we stand and divided we fall. We must always strive for what is right, good and promised holding our elected officials accountable to their promise. I have added a list of the city councils emails at the bottom of this message. I believe this shop kenai program your creating with the promised small business covid-19 funds should be $1,178,000 number you promoted and promised originally. The Bible says let your yes be yes and your no be no. You got praise and were thanked when you promoted giving these funds to small business. I understand non-profit and large business got a huge bulk of the COVID-19 stimulus. I don’t understand why because non profits receive federal grants and big business (Home Depot & wallmart) were never forced to close with threats of jail time and fines. After distributing funds you had $1,178,000 left that was allotted for small business. You failed to help small business and kept it as slush funds in your general account. You did this by allotting the fund to firefighter wages. These wages were already covered in the general fund. This makes the newly stashed money become a slush fund for city to use however they wish. Now after community push back....you only wish to purpose $100,000 of that promised $1,178,000 money for the shop kenai program. You promised the businesses $1,178,000 balance for economic recovery. You kept the $1,078,000 for your slush fund. This is wrong. People are closing their businesses everywhere loosing the american dream. People in the community and businesses are suffering; enough is enough. As a business owner I'm reaching out in support of council member Teea Winger's ammendment to ordinance number 3177-2021 with the exception of the amount originally promised ($1,178,000). I believe this funding should go towards helping the local economy and local businesses through the shop Kenai program; as you allotted and promised. The COVID-19 economic stimulus needs to go to the businesses to help them survive. YOU promised as city officials & promoted $1,178,000.00 Page 30 would go to small business. Now you choose to designate it to firefighter patrol. This payroll was already accounted for in the general budget. No additional funds were needed for this..... Doing this made the promises small business support become a city of kenai slush fund that is NO longer governed by Covid-19 stipulations through borough, state and federal level. Basically you can do whatever you wish with the general fund extras.... You gave businesses hope with your promise. Then behind closed doors publicly during the assembly meeting you patted yourselves on the back during a city hall meeting bragging about keeping the promised funds in your general spending account before they expired DEC 31st 2020. You were all so proud and happy at the expense of small business and the community. Teea did not Bragg and Teea was just as disturbed as the businesses and community that were let down. This seems fraudulent and corrupt. All local businesses took a huge hit from COVID closures/mandates at the beginning of last year and are still drastically impacted. 110,000 small business have closed throughout the USA in the last three months. These are reported stats that reflect the real suffering small business is going through. Businesses have double the bills with both home bills and store front bills. This program needs to be heavily promoted for a duration of three months to help businesses get through the winter months, along with having a few different voucher amounts to get the most impact (by allowing low income community members to participate in the program as well). I plan to expand my business this year in Kenai and bring new services to the community but I've been watching how bad and drastically the unfounded unconstitutional mandates have impacted the small businesses all in the name of COVID 19. This program has the ability to help bring in business and help the local community members who are struggling as well. Local businesses need the support of community members and this will drive sales, helping to stimulate the economy and helping local businesses survive. It's sad to see how many businesses have closed their doors Once and for all due to unlawful, unconstitutional, unfounded, illegal government overreach in the name of “Safety or COVID-19.” Keep your promise and allow the $1,178,000 to be put in to small business preventing more businesses from going under. When you drive around Kenai you see half empty malls and suffering businesses everywhere. Now is your opportunity to show the businesses you are a “ALL AMERICAN CITY” that keeps promises and supports the businesses bringing both faith and hope back to kenai again. This community is watching your actions. Now is the time to do what is right. Do what you promised. Stick to your promise and help kenai prevail. This is a win win amd will also gain Kenai sales tax revenue. I would like this to be read aloud during public comment due to the fact that I won't be able to attend while running my business. The city of kenai emails are below (copy & paste them in to your email), City of kenai emails twinger@kenai.city Page 31 bmolloy@kenai.city hknackstedt@kenai.city bgabriel@kenai.city postrander@kenai.city jglendening@kenai.city gpettey@kenai.city If you have any questions at all ask me. I am always happy to help. Katie Uei Top Producing ICON Realtor eXp Realty LLC License #18597 Cell-(907)398-3864 "Real estate is the simplest, most consistent and easiest way to substantially increase your net worth!" "You can have everything in life you want if you'll just help enough other people to get what they want!" -- Zig Ziglar "Honesty and integrity will govern our actions Commitments made will be fulfilled Everyone will be treated with dignity and respect" "Do you know anyone looking to buy or sell real estate? Please allow me the opportunity of contacting and assisting them. The highest compliment I could ever receive is a referral from your friends and family." P Go Green! Please consider the environment before printing this e-mail IMPORTANT NOTICE: Never trust wiring instructions sent via email. Always independentlyconfirm wiring instructions in person or via a telephone call to a trusted and verified phonenumber. Never wire money without double-checking that the wiring instructions are correct. CONFIDENTIALITY NOTICE: This electronic mail transmission, and any attachment to it, contains privileged and confidential Page 32 information intended only for the personal and confidential use of recipient(s) designated above. If you are not the intended recipient of this communication, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, distribution or use of the contents of this information is strictly prohibited. If you have received this communication in error, please immediately notify the sender and please destroy the original message and all copies. Thank you Page 33 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3178-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A COVID CARES ACT FOR OLDER ADULTS AND THEIR CAREGIVERS 2021 GRANT PASSED THROUGH THE STATE OF ALASKA FOR KENAI SENIOR CENTER EXPENDITURES IN SUPPORT OF ITS RESPONSE TO THE COVID-19 PUBLIC HEALTH EMERGENCY. WHEREAS, the first coronavirus patient in Alaska was diagnosed in Anchorage on March 12, 2020, and other positive diagnoses have since occurred on the Kenai Peninsula; and, WHEREAS, Governor Mike Dunleavy issued a Declaration of Public Health Disaster Emergency on March 11, 2020, and the President of the United States issued a Proclamation Declaring a National Emergency on March 13, 2020; and, WHEREAS, the United States Department of Health and Human Services announced on April 21, 2020, nearly $1 Billion in CARES Acts Grants to Support Older Adults and People with Disabilities in the community during the COVID-19 Public Health Emergency; and, WHEREAS, the State of Alaska, Department of Health and Social Services, Division of Senior and Disabilities Services requested proposals from current Senior and Disabilities Services grantees who service Older Alaskans and their Caregivers to provide services through the COVID Relief for Older Adults and their Caregivers program for the State of Alaska in FY21; and, WHEREAS, the Kenai Senior Center is a long-standing grantee of the Title III funding through the State of Alaska, Department of Health and Social Services, Division of Senior and Disabilities Services; and, WHEREAS, the Kenai Senior Center has applied and been awarded a grant for $39,230.83 for services offered beginning January 1, 2021 – June 30, 2021; and, WHEREAS, acceptance of these funds is in the best interest of the City, its business and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept a grant in the amount of $39,230.83 from the United States Department of Health and Human Services passed through the State of Alaska, Department of Health and Social Services, Division of Senior and Disabilities Services for Kenai Senior Center expenditures in support of its response to the COVID-19 Public Health Emergency. Page 34 Ordinance No. 3178-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 2. That the estimated revenues and appropriations be increased as follows: Senior Citizen Fund: Increase Estimated Revenues – Federal Grants $39,230.83 Increase Appropriations – Home Meals: Salaries $ 8,212.83 Medicare 119.00 Social Security 509.00 Unemployment Insurance 82.00 Workers Compensation 308.00 Operating & Repair Supplies 14,000.00 Machinery & Equipment 16,000.00 $39,230.83 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of January, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: _________________ Introduced: January 6, 2021 Enacted: January 20, 2021 Effective: January 20, 2021 Page 35 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: December 28, 2020 SUBJECT: Ordinance No. 3178-2021 The State of Alaska, Department of Health and Social Services, Division of Senior and Disabilities Services requested proposals from current Senior and Disabilities Services (Title III) grantees to provide services through the COVID Relief for Older Adults and their Caregivers program. The intent of this grant is to provide disaster assistance related to relief services for Coronavirus mitigation and/or health and safety services needed, and for grant funds to ensure the health and safety of older adults and their caregivers during the COVID-19 public health emergency. The funding from this grant is to be utilized from January 1, 2021 – June 30, 2021. The Kenai Senior Center’s application requested funding for a temporary part-time meal driver, a new kitchen range/oven for the Center and supplies to provide approximately 200 emergency kits for Kenai - area seniors. On December 16, 2020, we received notification of our award for the full amount of $39,230.83. Your support for the Ordinance No. 3178-2021 is greatly appreciated. Page 36 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2021-01 A RESOLUTION OF THE CITY OF KENAI, ALASKA, APPROVING AMENDMENTS TO THE KENAI COMMUNITY LIBRARY POLICIES TO ADOPT RULES REGARDING THE LENDING OF VARIOUS ELECTRONIC DEVICES AND TO MAKE HOUSEKEEPING CHANGES. WHEREAS, KMC 1.56.020 - Authority for the Adoption of Rules, Regulations, and fines provides that the Library Director shall establish rules and regulations for the conduct and use of the Library, which rules and regulations shall be effective after approval by City Council and after being posted in the Library; and, WHEREAS, the Library Director recommends changes to the In-Library Laptop Policy to reflect the addition of new electronic technology to the library collection; and, WHEREAS, updating the In-Library Laptop Loan Policy to an Electronic Device Checkout Policy to reflect actual and best practice is in the best interest of the City and Library; and, WHEREAS, the Electronic Device Checkout Policy will be posted in a location in the Library readily visible by Library users. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council approves the following amendments and housekeeping changes to the Library’s In-Library Laptop Loan Policy as recommended by the Library Director: [IN-LIBRARY LAPTOP LOAN POLICY] ELECTRONIC DEVICE CHECKOUT POLICY Checking out a device a. The Kenai Community Library offers electronic devices for checkout. [LAPTOP COMPUTERS ARE AVAILABLE TO PATRONS FOR USE IN THE LIBRARY ONLY.] A patron must have a valid Kenai Community Library card or Alaska Library Catalog member library card, [MUST BE PRESENTED AT CHECK-OUT AND A LAPTOP LIABILITY] and an Electronic Device Liability form must be [FILLED OUT AND] on file. A library card is considered valid if the patron’s information is current and the account is in good standing. b. Patrons must be at least thirteen (13) years of age to borrow [A LAPTOP] an electronic device. Patrons thirteen (13) to seventeen (17) years of age must have a parent or legal guardian sign a liability form in person before first check-out. [PATRONS THIRTEEN (13) TO SEVENTEEN (17) YEARS OLD WHO DO NOT HAVE A KENAI COMMUNITY LIBRARY CARD, BECAUSE OF PARENTAL CHOICE, MUST PROVIDE WRITTEN AUTHORIZATION FROM A PARENT OR LEGAL GUARDIAN.] The parent/legal guardian assumes responsibility for the [LAPTOP] electronic device. [ON THEIR KENAI COMMUNITY LIBRARY CARD. A LIBRARY CARD IS Page 37 Resolution No. 2021-01 Page 2 of 3 _____________________________________________________________________________________ CONSIDERED VALID IF THE PATRON’S INFORMATION IS CURRENT AND THE ACCOUNT IS IN GOOD STANDING.] Available Devices a. [C. LAPTOPS] In-library laptops are available for loan at the service desk on a first-come, first- served basis. Holds or advance bookings for laptops are not available. The loan period for laptops is two (2) hours, which may be extended subject to staff approval. Laptops must be returned at least fifteen (15) minutes prior to library closing. In-library laptops should never be left unattended. Removal of an in-library device from the library building constitutes theft. [USERS MUST ABIDE BY THE INTERNET SAFETY POLICY.] [D. NO FOOD OR DRINK IS ALLOWED WHEN USING THE LAPTOP.] b. Chromebooks are available for checkout for 21 days with one renewal if no other holds exist. Holds on Chromebooks can be placed by calling the Kenai Community Library during business hours. Chromebooks will be held for no more than two (2) days. Chromebooks must be picked up and dropped off at the Kenai Community Library only. Chromebooks should never be left unattended. Overdue Chromebooks will be remotely disabled at three (3) days overdue and replacement costs will be assessed at seven (7) days overdue. Patron Responsibilities a. Patrons must abide by the Internet Safety policy and all other applicable policies. Copies of these policies are available on the library’s website or upon request at the service desk. Patrons are responsible for any violation of this and all other applicable library policies. b. Patrons may not tamper with, alter or delete any settings or configurations, or install software on the device. c. Patrons will not engage in any illegal activity using an electronic device. d. Patrons may borrow no more than one device at the same time. e. [THE LOAN PERIOD IS TWO (2) HOURS. LAPTOPS ARE CHECKED OUT AND RETURNED TO THE CIRCULATION DESK. UPON RETURN OF THE LAPTOP, USERS ARE REQUIRED TO WAIT WHILE THE COMPUTER IS CHECKED TO ENSURE ALL EQUIPMENT IS INTACT. LOAN PERIOD MAY BE EXTENDED SUBJECT TO STAFF APPROVAL.] All devices must be returned to a library staff member and will be checked for damage before check-in. [LAPTOPS MUST BE RETURNED AT LEAST THIRTY (30) MINUTES PRIOR TO LIBRARY CLOSING] f. Documents should be saved to a USB drive or cloud storage. The Library does not provide these devices. All user files will be deleted when the [Laptop] device is turned off. [PRINTING FROM THE LAPTOP IS NOT AVAILABLE. THE LIBRARY IS NOT RESPONSIBLE FOR LOST FILES FOR ANY REASON.] g. The Kenai Community Library is not responsible for any loss or damage to library user’s data or media due to viruses, hardware, software, electrical surge or failure, battery failure or any other cause while the library user is using library electronic devices. Page 38 Resolution No. 2021-01 Page 3 of 3 _____________________________________________________________________________________ h. [G.]The user agrees to assume any and all liability for the cost of repair or replacement in the event of loss due to theft, damage whether intentional or unintentional, negligence or misuse. A repair fee will be levied for damaged [LAPTOPS] devices and/or accessories based on the cost of the repairs [PLUS AN ADMINISTRATIVE FEE]. Any [LAPTOP] equipment malfunctions or loss should be reported immediately to Library staff. Fees for the [laptop computer] electronic device [, POWER CORD OR ADAPTER] and/or accessories will be charged based on replacement cost. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of January, 2021. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 39 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: January 8, 2021 SUBJECT: Resolution 2021 - 01 Regarding Various Electronic Devices The purpose of this resolution is to update the language in the In-Library Laptop Loan policy in order to allow expansion of our collection of circulating electronic devices and to use best practices in electronic device management. The proposed changes will allow us to offer cost- effective cloud-computing devices for checkout and home use, in addition to the more traditional PCs we currently provide. Thank you for your consideration. Page 40 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2021 - 02 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FURTHER EXTENDING THE DISASTER EMERGENCY DECLARATION FOR THE CITY OF KENAI MADE ON MARCH 18, 2020 IN RESPONSE TO THE COVID-19 HEALTH EMERGENCY. WHEREAS, pursuant to AS 26.23.140 the City Manager, as the principal executive officer of the City, issued a Disaster Emergency Declaration on March 18, 2020 for a period not to exceed seven days in response to the COVID-19 public health emergency; and, WHEREAS, that same day, the City Council extended the Disaster Emergency Declaration for 90 days, which expired on June 16, 2020; and, WHEREAS, on June 3, 2020, the City Council passed Resolution 2020-40, extending the Disaster Emergency Declaration for 90 days, with an expiration date of September 15, 2020; and, WHEREAS, on September 2, 2020, the City Council passed Resolution 2020-73, again extending the Disaster Emergency Declaration to December 31, 2020; and, WHEREAS, on December 16, 2020, the City Council passed Resolution 2020-96, again extending the Disaster Emergency Declaration to January 31, 2021; and, WHEREAS, while the City, State and Nation move towards reopening business and resuming certain activities the City Council expects that the continued impact of COVID-19, including public health risks, restrictions on travel, and economic impacts will be of a severity and magnitude that is beyond the authority and capacity of the City to provide an effective response without assistance; and, WHEREAS, many public and private facilities remain closed or only partially opened, gatherings and other events remain cancelled or postponed in order to prevent the transmission of COVID- 19; and, WHEREAS, these events continue to have a significant impact on business, commerce, and the local economy now and likely in the future, as the COVID-19 vaccine is limited at this time and it is not yet known when it will become widely available and impacts from restrictions imposed to reduce transmission will impact the City through the winter; and, WHEREAS, it is in the best interest of the City to further extend the Disaster Emergency Declaration emergency issued by the City Manager for 28 days, until February 28, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council of the City of Kenai further extends, until February 28, 2021, or until repealed sooner, the Disaster Emergency Declaration issued by the City Manager on Page 41 Resolution No. 2021-02 Page 2 of 2 _____________________________________________________________________________________ March 18, 2020 pursuant to AS 26.23.140, and subsequently previously extended by this Council, due to the current and expected imminent impacts of the COVID-19 health emergency. Section 2. That the City requests that the State of Alaska provide disaster assistance to the City by making available resources as needed in the ongoing response and recovery from the current and potential impacts of this health emergency, to provide individual assistance for affected businesses and individuals, and to provide technical expertise and guidance, to help the City in its response and recovery from this event. Section 3. That the City additionally requests assistance from federal agencies where state capability is not adequate. Section 4. That a copy of this declaration will be promptly filed with the Alaska Division of Homeland Security and Emergency Management. Section 5. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of January, 2021. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 42 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: January 12, 2021 SUBJECT: Resolution 2021-02 – Extending the Disaster Emergency Declaration The Disaster Emergency Declaration issued on March 18, 2020 and extended by the City Council, is set to expire on January 31, 2021. Based on the continued impact of the COVID-19 public health emergency, an extension until February 28, 2021 is warranted. Extending the emergency declaration will extend: 1. Temporary leave to employees to address COVID-19 related illness, emergency closures of facilities, and transmission reduction. 2. City Moratorium on penalty and interest for water and sewer accounts. 3. City Moratorium on water and sewer disconnect for non-payment. An extension of the Disaster Emergency Declaration will also allow the Mayor or other current Presiding Officer authority to waive certain provisions of Code related to scheduling, teleconference participation, public participation, and other related provisions of code related to meetings of the Council and other advisory and adjudicatory bodies, if deemed necessary. An extension will additionally provide to the City Manager the authority to take emergency actions that may be necessary to protect critical functions of the City and protect the health and safety of City employees and the public. These include alternative scheduling for Police Officers and Public Safety Dispatchers and planning for coverage during COVID-19 related absences. As Administration looks toward the recovery aspect of this public health emergency, we look forward to taking actions to resume regular operations and services and support the restoration of businesses and the community while balancing the need to return to normalcy with the health and safety of City employees and the public. Your consideration is appreciated. Page 43 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2021-03 A RESOLUTION OF THE CITY OF KENAI, ALASKA, SUPPORTING AN AMENDMENT UNDER CONSIDERATION BY THE KENAI PENINSULA BOROUGH ANADROMOUS WATERS HABITAT PROTECTION WORK GROUP TO ALLOW LIMITED COMMERCIAL ACTIVITIES WITHIN THE HABITAT PROTECTION DISTRICT IN THE CITY OF KENAI. WHEREAS, Kenai Peninsula Borough Code Chapter 21.18- Anadromous Waters Habitat Protection, established an anadromous waters habitat district on all lands within 50 horizontal feet of certain waters including the Kenai River; and, WHEREAS, City Administration had been in contact with the Borough in regards to allowing greater flexibility for development within the habitat protection district in certain areas in the City that have historical commercial/ industrial uses and existing footprints in the district and are zoned industrial or commercial; and, WHEREAS, it is important that there is reasonable flexibility for responsible development, or re- development along the river in certain areas as long as the purposes of Chapter 21.18 can be maintained; and, WHEREAS, the Borough recently established an Anadromous Waters Habitat Protection Work Group to review KPB Chapter 21.18 and make recommendations; and, WHEREAS, the City Administration worked with the Work Group’s Chair, Robert Ruffner, and the Borough’s Legal Department to develop a proposed amendment to 21.18; and, WHEREAS, the amendment provides a permit process for certain commercial development within the habitat protection district in the City of Kenai; and, WHEREAS, the uses that can be permitted include docks, boat launches, pedestrian stairs and boardwalks, utility infrastructure and other activities that do not expand the applicants surface area footprint, within the habitat protection district; and, WHEREAS, allowing a process for responsible commercial development within the Borough created Habitat Protection District in the City of Kenai is in the City’s best interest. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council support an amendment to KPB Chapter 21.18 that allows for responsible development in certain areas of the Habitat Protection District in the same or a similar form as provided in the attached recommendation from Sean Kelley, dated January 14, 2014. Section 2. That this resolution takes effect immediately upon passage. Page 44 Resolution No. 2021-03 Page 2 of 2 _____________________________________________________________________________________ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of January, 2021. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 45 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: January 14, 2021 SUBJECT: Resolution 2021-03 Anadromous Waters Habitat Protection Resolution 2021-03 supports an amendment to KPB Chapter 21.18- Anadromous Waters Habitat Protection that would allow responsible development within the habitat protection district in certain areas in the City of Kenai. KPB Chapter 21.18 creates a habitat protection district 50 horizontal feet from certain anadromous waters including the Kenai River, for the purpose of protecting and preserving anadromous fish, providing a guide for growth and development, achieving goals and implementing policies of the Borough’s comprehensive plan, protecting and enhancing property values and continuing to enjoy the prosperity and abundance provided by anadromous fish. This habitat district has restricted certain development along the river. Within the City of Kenai, there is existing commercial and industrial development along the river that would benefit from further development or redevelopment that has previously been prohibited by KPB 21.18. The City Administration has worked with a Borough Work Group, reviewing KPB Chapter 21.18 to promote an exception for development in the City in these industrial and Commercial zones (and in other municipalities) that would allow for reasonable commercial or industrial uses of the land that either are water dependent with mitigation or would not expand the existing development footprint. Your support and consideration for the approach provided in the attached memo from Sean Kelley is appreciated. Page 46 Kenai Peninsula Borough Legal Department MEMORANDUM TO: Robert Ruffner, Chair Members, Anadromous Waters Habitat Protection Work Group THRU: Melanie Aeschliman, Planning Director Samantha Lopez, Acting River Center Manager FROM: Sean Kelley, Deputy Borough Attorney COPY: Paul Ostrander, City of Kenai Manager DATE: January 14, 2021 RE: Commercial Activities Re-Write – KPB 21.18.072 – to Improve the Permitting Code Related to Commercial Activities This proposed amendment was drafted in collaboration with City of Kenai Administration pursuant to Chair Ruffner’s request. KPB 21.18.072 (Limited commercial activity within the habitat protection area) is the only section of code within KPB 21.18 specific to commercial or business activities, uses or structures with the HPD. The current wording of this section permitting commercial activities is difficult to interpret, often open to debate, and has proven to have little useful, practical application. For example, in the past 5 years, it appears that no permits have been issued under this section of code. It has been requested that this group review commercial activities, specifically commercial activities within the municipal district, to allow necessary flexibility, including development or re-development, for growth within our cities while at the same time continuing to protect important fish habitat. The proposed amendment essentially repeal s current KPB 21.18.072 and replaces it with a more efficient, standard-driven permitting process specific to commercial activities. The opening paragraph establishes a permit process for commercial activities within a municipal district. Subsection A provides for activities that do not require a permit pursuant to KPB 21.18.065. Subsection B provides 4 categories of allowed commercial activities with the HPD. Subsection C provides the general standards applicable to a permit application under this section. Subsection D sets out the general conditions. Subsection E provides that commercial activities not permitted under this section are prohibited, unless the use or structure otherwise qualifies for prior existing status under KPB 21.18.090. DocuSign Envelope ID: 9E020A0B-B8B5-4B1D-AA10-6CC634D7FA8E Page 47 Page 2 of 4 January 14, 2021 To: Anadromous Waters Habitat Protection Work Group RE: Commercial Activities (KPB 21.18.072) Repeal & Replace ____________________________ This proposed amendment provides the planning commission authority to impose permit conditions necessary to meet the general standards. The proposed amendments will require mitigation when the proposed activity seeks to expand the applicant’s surface footprint within the HPD. Code additions are in bold underline and code deletions are shown in [CAPS], bracketed. Since this amendment proposes a repeal and replace, the deleted code follows the proposed new language for this section. 21.18.072. - Limited commercial activity within habitat protection district [AREA]. Within the habitat protection district and subject to the requirements of this chapter, the planning commission may issue a permit for commercial activities to be conducted within the municipal district as defined in KPB 21.04.010. Commercial activities are operations, uses, structures or other activities implemented for a private business purpose. Public parks, docks, and other public infrastructure are not considered commercial activities for purposes of this section. A. Activities not requiring permit. Commercial activities of the same nature as those allowed under KPB 21.18.065 do not require a permit under this section. B. Allowable Activities. The following commercial activities, uses or structures may be permitted under this section: 1. Dock and boat launch. 2. Stairs and pedestrian use boardwalks. 3. Gas, electric, water or other utility connections, lines, or poles. 4. Other activities, uses, or structures that either do not expand the applicant’s surface area footprint within the habitat protection district or are necessary to the operation of the applicant’s business and cannot be located outside of the habitat protection district due to conditions specific to the property. The burden is on the applicant, through a registered professional engineer, to show that conditions specific to the property exist. C. General standards. The following standards apply to permits issued under this section: DocuSign Envelope ID: 9E020A0B-B8B5-4B1D-AA10-6CC634D7FA8E Page 48 Page 3 of 4 January 14, 2021 To: Anadromous Waters Habitat Protection Work Group RE: Commercial Activities (KPB 21.18.072) Repeal & Replace ____________________________ 1. The use or structure will not damage the riparian ecosystem or riparian wetlands. If substantial evidence supports a finding that the use or structure will damage the riparian ecosystem or riparian wetlands, then mitigation shall be required. 2. Granting of the permit shall be consistent with the purposes of this chapter, the borough comprehensive plan, other applicable chapters of the borough code, and other applicable planning documents adopted by the borough; 3. The development of the use or structure shall not physically damage the adjoining property; 4. The proposed use or structure is water-dependent or does not expand the surface area footprint of the structure or use in the habitat protection district. 5. Applicant or owner's compliance with other borough permits and ordinance requirements. 6. If the use or structure expands the applicant’s surface area footprint within the habitat protection district then mitigation offsets shall be required. D. General Conditions. The planning commission may impose permit conditions that it finds are necessary to meet the standards under this section and establish such conditions on the commercial activity, use or structure, for which the permit is granted as it determines necessary to prevent erosion, sedimentation, ground or surface water pollution, or damage to the habitat protection district, riparian wetlands, or riparian ecosystems. The planning commission may require the performance of mitigation activities to offset impacts that the planning commission finds may occur as a result of the proposed project or activity. E. Prohibited Activities. A commercial activity, use or structure, that is not permitted under this section and does not qualify for prior existing status under KPB 21.18.090 is prohibited. F. Application procedure. Applicants must complete the application and pay any applicable filing fee(s) to the river center on a form provided by the river center and receive planning commission approval prior to commencement of the project. An applicant’s failure to abide by the terms and conditions of the planning commission’s resolution approving the permit is grounds for revocation of the permit and removal of all non-compliant uses or structures. DocuSign Envelope ID: 9E020A0B-B8B5-4B1D-AA10-6CC634D7FA8E Page 49 Page 4 of 4 January 14, 2021 To: Anadromous Waters Habitat Protection Work Group RE: Commercial Activities (KPB 21.18.072) Repeal & Replace ____________________________ [THE PLANNING COMMISSION MAY ISSUE A PERMIT FOR ACTIVITIES TO BE CONDUCTED WITHIN OR USING THE HABITAT PROTECTION AREA AS PROVIDED IN THIS SECTION. PERMITS ARE REQUIRED FOR COMMERCIAL ACTIVITIES OF THE SAME NATURE AS THOSE ALLOWED UNDER KPB 21.18.065 FOR PRIVATE NON- COMMERCIAL USE UPON CONDITIONS THAT THE ACTIVITY IS LIMITED TO PEDESTRIAN USE OVER BOARDWALKS, STAIR AND DOCKS NECESSARY TO ALLEVIATE THE INCREASED LEVELS OF ACTIVITY ATTENDANT TO THE COMMERCIAL ACTIVITY. A PERMIT MAY NOT BE ISSUED UNLESS THE PLANNING COMMISSION DETERMINES THE ACTIVITY WILL BE CONDUCTED IN A MANNER THAT DOES NOT RESULT IN SIGNIFICANT EROSION, SEDIMENTATION, DAMAGE TO THE HABITAT PROTECTION DISTRICT, AN INCREASE IN GROUND OR SURFACE WATER POLLUTION, AND DAMAGE TO RIPARIAN WETLANDS AND RIPARIAN ECOSYSTEMS. IN GRANTING A PERMIT, THE PLANNING COMMISSION MAY ESTABLISH SUCH CONDITIONS ON THE DEVELOPMENT, USE OR OPERATION OF THE ACTIVITY OR FACILITY FOR WHICH THE CONDITIONAL USE PERMIT IS GRANTED AS IT DETERMINES NECESSARY TO PREVENT SIGNIFICANT EROSION, SEDIMENTATION, DAMAGE TO THE HABITAT PROTECTION DISTRICT, AN INCREASE IN GROUND OR SURFACE WATER POLLUTION, AND DAMAGE TO RIPARIAN WETLANDS AND RIPARIAN ECOSYSTEMS. THE ACTIVITY MUST BE CONDUCTED ON A PORTION OF PROPERTY ADJACENT TO THE PROPERTY WITHIN THE HABITAT PROTECTION AREA FOR WHICH THE PERMIT IS SOUGHT.] DocuSign Envelope ID: 9E020A0B-B8B5-4B1D-AA10-6CC634D7FA8E Page 50 _____________________________________________________________________________________ Sponsored by: Legal CITY OF KENAI RESOLUTION NO. 2021-04 A RESOLUTION OF THE CITY OF KENAI, ALASKA, ACCEPTING A QUITCLAIM DEED FROM THE KENAI PENINSULA BOROUGH FOR THE LAND DESCRIBED AS T.6N., R.11W. SEC. 31, LOTS 40,41, AND 42 CONTAINING 3.75 ACRES, MORE COMMONLY KNOWN AS THE 4TH AVENUE PARK, FOR THE PUBLIC PURPOSE OF MAINTAINING A PUBLIC PARK. WHEREAS, the 4th Avenue Park was previously owned by the federal government which granted the property to a home owners association, which lost the property through a tax foreclosure process from which the City obtained ownership; and, WHEREAS, since 1978 the City owned 4th Avenue Park and maintained it as a public park until the United States Bureau of Land management in 2000, reasserted ownership of the Park based on a reverter clause in its original patent to the home owners association, recording its decision in 2018, and subsequently conveying the property to the State of Alaska; and, WHEREAS, Resolution 2019-83 passed by the Council on December 18, 2019 requested the Kenai Peninsula Borough to select the 4th Avenue park from the State through its municipal land entitlement for the purpose of conveying the property back to the City; and, WHEREAS, the Borough has obtained title to the 4th Avenue Park from the State and now desires to grant the property via quitclaim deed to the City to be maintained as a Park pursuant to KPB Ordinance 2020-04 for $1.00; and, WHEREAS, it is in the best interest to accept conveyance of the property from the Borough for the public purpose of continuing to maintain the property as a park; and, WHEREAS, there is no need to obtain an appraisal, as the City is not purchasing the property for more than a nominal sum. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council authorizes the City Manager to accept a quitclaim deed from the Kenai Peninsula Borough for the land described as T.6N., R.11W. Sec. 31, Lots 40, 41, and 42 containing 3.75 acres, more commonly known as the 4th Avenue park, for the public purpose of maintaining a public park open to the general public. Section 2. That the public interest is not served by obtaining an appraisal on the subject property because the purchase price is nominal. Section 3. That this resolution takes effect immediately upon passage. Page 51 Resolution No. 2021-04 Page 2 of 2 _____________________________________________________________________________________ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of January, 2021. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 52 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: January 14, 2021 SUBJECT: Resolution 2021-04 – Acceptance of a Deed to the 4th Avenue Park This Resolution approving acceptance of a deed to the 4th Avenue Park from the Kenai Peninsula Borough is the culmination of a bureaucratic nightmare. At statehood, the property was owned by the federal government who patented the land to a home owners association, with the caveat that it had to be retained as a park. The homeowners association did not pay taxes on the land and the land was foreclosed on by the Borough. The City requested the land from the Borough and the Kenai Superior Court issued a deed to the City in 1978. Many years later the federal government found out the Homeowners Association no longer owned the land, and made a decision in 2000 that it once again owned the property, ignoring our State Superior Court. The City did not appeal the federal government’s decision in 2000 but continued to maintain and operate the park as the owner until the federal government recorded its assertion of ownership in 2018. Rather than sue the federal government to quiet title, the City worked with the federal government on a plan to get the Park back into City ownership. No, not that the federal government would grant title to the City, instead that the feds would grant title to the state, who would then grant title to the borough that would then grant title to the City. This would not have been possible without the cooperation of the Borough. Your consideration and support is appreciated. Page 53 Kenai Peninsula Borough, Alaska Page 1 of 3 Quitclaim Deed - KPB/ City of Kenai LMD 19-38 QUITCLAIM DEED The GRANTOR, KENAI PENINSULA BOROUGH, (“KPB”), an Alaska municipal corporation, whose address is 144 North Binkley Street, Soldotna, Alaska 99669, for one dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and pursuant to Assembly Ordinance 2020-04 conveys and quitclaims unto the GRANTEE, CITY OF KENAI, whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, all interest it has, if any, in the following described real property (“the PROPERTY”): Government Lots 40, 41 and 42 within Section 31, T6N, R11W, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska TOGETHER WITH all the improvements thereon, if any, and all rights of the Grantor to any and all hereditaments and appurtenances hereto, and SUBJECT TO any taxes and assessments, exceptions, reservations, restrictions, rights of entry, conditions, covenants, easements, rights-of-way, encroachments either of record or ascertainable by physical inspection. FURTHER SUBJECT TO the following deed restriction: That, pursuant to Kenai Peninsula Borough Ordinance 2020-04, this deed requires that the PROPERTY be used as a park only and that it not be limited to use by Kenai residents but rather shall be open to the general public. If at any time the PROPERTY is used for purposes other than a park, the PROPERTY shall revert to the Kenai Peninsula Borough. Dated this ____ day of , 2021. Page 54 Kenai Peninsula Borough, Alaska Page 2 of 3 Quitclaim Deed - KPB/ City of Kenai KENAI PENINSULA BOROUGH ____________________________ Charlie Pierce, Mayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ____________________________ _____________________________ Johni Blankenship, Sean Kelley, Borough Clerk Deputy Borough Attorney NOTARY ACKNOW LEDGMENT STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ________day of ________, 2021 by Charlie Pierce, Mayor of the Kenai Peninsula Borough, an Alaska municipal corporation, for and on behalf of the corporation. ________________________________ Notary Public in and for Alaska My commission expires: ____________ Page 55 Kenai Peninsula Borough, Alaska Page 3 of 3 Quitclaim Deed - KPB/ City of Kenai ACCEPTANCE: CITY OF SOLDOTNA: ___________________________ Paul Ostrander, City Manager ATTEST: ____________________________ Jamie Heinz, City Clerk NOTARY ACKNOWLEDGMENT STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ________day of ________, 2021 by Paul Ostrander, City Manager of the City of Kenai, an Alaska municipal corporation, for and on behalf of the corporation. _______________________________ Notary Public in and for Alaska My commission expires: ____________ Please return to: City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Page 56 Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-04 Page 1 of 3 Introduced by: Mayor Date: 01/21/20 Hearing: 02/04/20 Action: Enacted as Amended Vote: 8 Yes, 0 No, 1 Absent KENAI PENINSULA BOROUGH ORDINANCE 2020-04 AN ORDINANCE AUTHORIZING THE MAYOR TO SELECT A PARCEL OF LAND IN THE CITY OF KENAI THROUGH THE KENAI PENINSULA BOROUGH’S MUNICIPAL ENTITLEMENT LAND GRANT AND AUTHORIZING THE CONVEYANCE OF THE PARCEL TO THE CITY OF KENAI FOR A MUNICIPAL PARK WHEREAS, City of Kenai Resolution No. 2019-83, dated December 18, 2019, requested that the borough select Kenai Peninsula Borough parcel #043-050-17 through the state municipal entitlement program and convey the parcel to the City of Kenai in order to return ownership of the parcel to the City of Kenai in an efficient and timely manner; and WHEREAS, the 3.75-acre parcel #043-050-17 is legally described as Government Lots 40, 41, and 42 within Section 31, T. 6N., R. 11W., S.M., Kenai Recording District, Third Judicial District, State of Alaska; and WHEREAS, the property on which the Park sits was originally patented from the BLM to the North Kenai Home Owners Association (“HOA”) with the restriction that it could only be used for playground purposes and could not be further conveyed without BLM consent; and WHEREAS, the parcel was transferred to the City of Kenai in 1978 by Clerk’s Deed through tax foreclosure by the Kenai Peninsula Borough (BK 126, PG 786-788, Kenai Recording District); and WHEREAS, subsequent to the City of Kenai receiving the parcel through Clerk’s Deed, the United States Bureau of Land Management re-asserted ownership of the parcel through a reversionary provision of the original patent to North Kenai Home Owners Association, Inc.; and WHEREAS, the State of Alaska, pursuant to Section 6(b) of the Alaska Statehood Act of July 7, 1958, Pub. L. 85-508, 72 Stat. 339, as amended, selected the lands and subsequently received patent to the lands (#50-2019-0040) on January 25, 2019; and WHEREAS, the City of Kenai currently maintains the 4th Avenue Park on the property and has done so since the 1970s; and Page 57 Ordinance 2020-04 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 3 WHEREAS, within the 2016 Imagine Kenai 2030 Comprehensive Plan, Object 2 of Goal 6 is to maintain existing recreational opportunities and plan for new parks and recreation improvements; and WHEREAS, the 4th Avenue Park is included within the City of Kenai’s inventory of parks and recreational areas, including on the city’s website and within the 2016 Imagine Kenai 2030 Comprehensive Plan, with the listed amenities of a playground, basketball court, shelter, barbecue grill, and baseball field; and WHEREAS, acquisition of parcel #043-050-17 by the borough and conveyance to the City of Kenai would further Goal 6, Objective 2 of the 2016 Imagine Kenai 2030 Comprehensive Plan; and WHEREAS, the Kenai Peninsula Borough (KPB) is entitled to select 155,780 acres of land under AS 29.65.010 municipal general land grant entitlement; and WHEREAS, the KPB, as of this date, has a remaining entitlement of approximately 13,000 acres; and WHEREAS, the 3.75-acre parcel #043-050-17 has an assessed value of $56,000; and WHEREAS, the Kenai Peninsula Borough Planning Commission held a public hearing on January 27, 2020 and recommended approval by unanimous consent; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the mayor is authorized to submit an application pursuant to AS 29.65.010 to the State of Alaska Department of Natural Resources for parcel #043-050-17, legally described as Government Lots 40, 41, and 42 within Section 31, T. 6N., R. 11W., S.M., Kenai Recording District, Third Judicial District, State of Alaska. SECTION 2. That pursuant to KPB 17.10.120(D) the Assembly finds that conveying the above- described property at less than fair market value to the City of Kenai for continued use as a park is in the best interest of the borough. This finding is based on the following facts: a. The conveyance will benefit borough residents by allowing the continuation of a municipal park within the City of Kenai that will be available to both city and non-city residents. b. The City of Kenai will be responsible for the costs of maintenance and operation of the park for the benefit of the city and other borough residents. Page 58 Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-04 Page 3 of 3 c. Charging fair market value for this property would preclude the use of such funds for the maintenance and operation of the park. d. The offer to convey the above-described property must be accepted within 60 days after enactment of this ordinance. SECTION 3. The mayor is authorized, pursuant to KPB 17.10.100(D), (E), and (I) to convey property to the City of Kenai as described in Section 1 above for the sum of $1. Borough land shall be conveyed to the City of Kenai by Quitclaim Deed. The City of Kenai shall be responsible for title insurance and any other closing costs. SECTION 4. There shall be a restriction placed on the deed to the City of Kenai. The deed restriction shall require that the parcel be used as a park only and that it not be limited to use by Kenai residents but rather shall be open to the general public. If at any time the parcel is used for purposes other than a park, the parcel shall revert to the borough. SECTION 5. This ordinance shall become effective immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 4TH DAY OF FEBRUARY, 2020. Kelly Cooper, Assembly President ATTEST: Johni Blankenship, MMC, Borough Clerk Yes: Bjorkman, Blakeley, Carpenter, Cox, Hibbert, Johnson, Smalley, Cooper No: None Absent: Dunne Page 59 A L A s K A 2020-011015-0 Recording District 302 Kenai 11/09/2020 11 :43 AM Page 1 of 3 Ill lllllllllllll llllllllllllllllllllllllllllllllllll llllllllllllllllllllllllll lllllll lll Ill ~tate of J\laska Jateut ~o. 24856 AOL No. 2 3 3 6 0 1 Know Ye By These Presents that the Granter, the STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, 550 West 7th Avenue, Suite 1050A, Anchorage, Alaska 99501-3579, pursuant to AS 29.65.010 -.140, and the regulations promulgated thereunder, the Final Finding and Decision dated July 7, 2020, for good and valuable consideration, grants and conveys to the Grantee, KENAI PENINSULA · ·soROUGH,'whose mailing address of record is 144 N Binkley Street, Soldotna, Alaska 99669, Grantee's successors. and ~~signs, all that real property described as follows: . ' " · ·'TOWNSHIP 6 NORTH, RANGE·11 WEST. SEWARD MERIDIAN. ALASKA SECTION 31: LOTS 40, 41AND42. ACCORDING TO THE SURVEY MAP APPROVED BY THE U.S. SURVEYOR GENERAL'S OFFICE IN JUNEAU, ALASKA JUNE 9, 1922, AND THE PLAT OF DEPENDENT RESURVEY AND SUBDIVISION OF SECTION 31, ACCEPTED BY THE UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF LAND MANAGEMENT IN WASHINGTON, D.C. ON DECEMBER 1, 1953. AGGREGATING 3.75 ACRES, MORE OR LESS. Situated in the Kenai Recording District. Net chargeable acreage under as as 29.65 is 3. 75 acres, more or less. State business no charge Page 1of3 Page 60 Subject To: 1. Lot 42 is subject to an easement fifty (50) feet in width along the surveyed section line in common with Section 31 and Section 32, Township 6 North, Range 11 West, Seward Meridian, for use as a public highway and for public utilities as established by AS 19.10.010. 2. ADL 391094, an Oil and Gas Lease, as now or hereafter amended, including by an applicable unit agreement 3. Valid existing rights, including reservations, easements, and exceptions in the U.S. Patent, or other state or federal conveyance, and in acts authorizing the issue thereof; easements, rights-of-way, covenants, conditions, reservations, notes on the plat, and restrictions of record, if any. The Grantor hereby expressly saves, excepts and reserves out of the grant hereby made, unto itself, its lessees, successors, and assigns forever, all oils, gases, coal, ores, minerals, fissionable materials, geothermal resources, and fossils of every name, kind or description, and which may be in or upon said lands above described, or any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, fissionable materials, geothermal resources, and fossils. and it also hereby expressly saves and reserves out of the grant hereby made, unto itself, its lessees, successors, and assigns forever, the right to enter by itself, its or their agents, attorneys, and servants upon said lands, or any part or parts thereof, at any and all times for the purpose of opening, developing, drilling, and working mines .or wells on these or other lands and taking out and removing therefrom all such oils, gases, coal, ores, minerals, fissionable materials, geothermal resources, and fossils, and to that end it further expressly reserves out of the grant hereby made, unto itself, its lessees, successors, and assigns forever, the right by its or their agents, servants and attorneys at any and all times to erect, construct, maintain, and use all such buildings, machinery, roads, pipelines, powerlines, and railroads, sink such shafts, drill such wells, remove such soil, and to remain on said lands or any part thereof for the foregoing purposes and to occupy as much of said lands as may be necessary or convenient for such purposes hereby expressly reserving to itself, its lessees, successors, and assigns, as aforesaid, generally all rights and power in, to, and over said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and rights hereby expressly reserved. To Have And To Hold the said land, together with the tenements, hereditaments, and appurtenances thereunto appertaining, unto the said Grantee and Grantee's successors and assigns forever. [Signature page to follow] Patent No. 24856 Page 2 of 3 l1llllllllllllllllMl\l,~!11illi:ll1\ll11lll.lil!\i11ll!ll~iill\~~ Page 2 ol 3 2020-011015-0 Page 61 In Testimony Whereof the State of Alaska has caused these presents to be executed by the Chief of the Realty Services Section, Division of Mining, Land and Water, Department of Natural Resources, State of Alaska, pursuant to delegated authority, this 5th day of November, 2020. State of Alaska Third Judicial District ) SS. ) c;f!?,/5;~ Chief, Realty Services Section Division of Mining, Land and Water Department of Natural Resources > This is to certify that on the 5th day of November, 2020, personally appeared before me ADRIENNE K. STOLPE, who is known to me to be the person who has been lawfully delegated the authority of the Director of the Division of Mining, Land and Water, Department of Natural Resources, State of Alaska, to execute the foregoing document under such legal authority and with knowledge of its contents, and who acknowledged said document before me on behalf of Granter. Witness my hand and official seal the day and year in this certificate first above written. Return to: Kenai Peninsula Borough 144 N Binkley Street Soldotna, Alaska 99669 Patent No. 24856 ADL No. 233601 Location Index: T. 6 N., R. 11 W., S.M. Section 31 ~&µ=vrt>~ Notary Public in and for the State of Alaska My commission expires with office State of Alaska NOTARY PUBLIC Lyndsey Pritchett . MJ Commission Elplnis Wiiii Ofllca Page 3 of 3 lilUlllll~llil'lllllim1Ull~ill'lllmlH 1 lll:~~ Page 3 of 3 2020-011015-0 Page 62 City of Kenai Council Meeting Page 1 of 7 January 6, 2021 KENAI CITY COUNCIL – REGULAR MEETING JANUARY 6, 2021 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on January 6, 2021, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Robert Molloy Henry Knackstedt Teea Winger Jim Glendening Glenese Pettey Victoria Askin A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Mayor Gabriel noted the following revisions to the agenda and packet: Add to item G.3. Ordinance No. 3177-2021 • Public Comment Add to item G.5. COVID-19 Response • USDA Farmers to Families Food Box Program Article • CARES Act Small Business Grant Timeline • CARES Act Program Expenditure Update Add to item G.3. Planning & Zoning Commission • McIntyre Resignation Letter Additional Public Comment being provided in written format due to COVID-19 • Nancy Lathey Email re. COVID-18 Vaccinations Page 63 City of Kenai Council Meeting Page 2 of 7 January 6, 2021 MOTION: Vice Mayor Molloy MOVED to approve the agenda with the requested additions and requested UNANIMOUS CONSENT. Council Member Askin SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT; and Vice Mayor Molloy SECONDED the motion. The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. 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 sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS 1. Jodi Stuart - Annual update of Project Homeless Connect. Jodi Stuart presented an overview of the Project Homeless Connect event, provided data collected from the 2020 event, and encouraged Council to consider the homeless when making decisions regarding City partnerships and funding. Explained that due to COVID-19, the event that takes place in 2021 will be different than in previous years. 2. Coy West - City of Kenai Tourism and Marketing Update. Coy West, CEO of Divining Point, provided an update on the work his marketing agency has done for the City of Kenai during the previous year. He discussed his plans for their upcoming campaign and presented a new video entitled “How Do You Alaska 1.” C. UNSCHEDULED PUBLIC COMMENTS – None. D. PUBLIC HEARINGS 1. Ordinance No. 3173-2020 - Accepting and Appropriating Asset Forfeiture Sharing Funds for the Police Department for the Purpose of Purchasing Law Enforcement Equipment. Page 64 City of Kenai Council Meeting Page 3 of 7 January 6, 2021 MOTION: Vice Mayor Molloy MOVED to enact Ordinance No. 3173-2020 and Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. Clarification was provided regarding how and where the funds were allocated. VOTE: YEA: Gabriel, Knackstedt, Molloy, Winger, Glendening, Pettey, Askin NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3174-2020 - Accepting And Appropriating a FM Global Fire Prevention Grant for the Purchase of Two Ipads and Accessories to be Used Toward Fire Prevention Efforts. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3174-2020 and Council Member Winger SECONDED the motion. Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Excitement was expressed for bringing on this equipment, having been used with success in other states. Clarification was provided that the Ipads would have protective cases. VOTE: YEA: Gabriel, Knackstedt, Molloy, Winger, Glendening, Pettey, Askin NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 3175-2020 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Fund, and Authorizing an Increase to the Construction Purchase Order to Kirila Fire, Inc. MOTION: Vice Mayor Molloy MOVED to enact Ordinance No. 3175-2020 and Council Member Askin SECONDED the motion. Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Page 65 City of Kenai Council Meeting Page 4 of 7 January 6, 2021 Clarification was provided that, although most of the construction on this project was completed in March 2020, this purchase order would cover some remaining items that have been identified since then and they are outside the original scope of work. VOTE: YEA: Gabriel, Knackstedt, Molloy, Winger, Glendening, Pettey, Askin NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 3176-2020 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and the Airport Snow Removal Equipment Capital Project Funds to Provide Supplemental Funding for the Project, and Authorizing a Purchase Agreement for the Purchase of a Replacement Wide-Area Tractor & Mower. • Substitute Ordinance No. 3176-2020 Council Member Knackstedt MOVED to enact Ordinance No. 3176-2020 and Council Member Glendening SECONDED the motion. Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND : Council Member Knackstedt MOVED to amend Ordinance No. 3176-2020 by substitute and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. Clarification was provided that the tractor will be two-wheel drive. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Gabriel, Knackstedt, Molloy, Winger, Glendening, Pettey, Askin NAY: MOTION PASSED UNANIMOUSLY. E. MINUTES 1. *Regular Meeting of December 16, 2020. Approved by the consent agenda. F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. Page 66 City of Kenai Council Meeting Page 5 of 7 January 6, 2021 Approved by the consent agenda. 2. *Action/Approval - Purchase Orders Over $15,000. Approved by the consent agenda. 3. *Ordinance No. 3177-2021 - Authorizing a Shop Local Economic Stimulus Program to Benefit Kenai Small Businesses And Award of a Professional Services Agreement to the Kenai Chamber of Commerce and Visitor Center for Administration of the Program. Introduced by the consent agenda and Public Hearing set for January 20, 2021. 4. *Ordinance No. 3178-2021 - Accepting and Appropriating a COVID Cares Act for Older Adults and Their Caregivers 2021 Grant Passed Through the State of Alaska for Kenai Senior Center Expenditures in Support of its Response to the COVID-19 Public Health Emergency. Introduced by the consent agenda and Public Hearing set for January 20, 2021. 5. Discussion - COVID-19 Response. City Manager Ostrander noted that there are currently no City employees who are under COVID- 19 protocol, a significant improvement since the last Council meeting. Discussed City buildings and facilities that are now open to the public with safety measures in place, including City Hall, Kenai Multipurpose Facility Ice Rink, Kenai Recreation Center, and Chamber of Commerce. Library was scheduled to be open January 18th, 2021. Explained current numbers on hospitalizations, and the status of COVID-19 related employee leave. Noted the memo on CARES Act expenditures and available balances for city departments. Discussed how Administration worked hard to receive the maximum amount of CARES Act funds available to the City, and also the significant outreach efforts that were made to distribute grant funds to as many recipients as possible. Notices were mailed to local businesses to apply for grant funding, and Administration worked one-on-one with members of the community to maximize their success in receiving those grants. Clarified that the funds left over that did not go to small businesses were the result of the City maxing out the amount of funds they could distribute, and that those funds were now in the general fund for the Council do decide how to best use them to serve the community. Also discussed potential solutions for citizens of Kenai who currently have to travel to Soldotna to reach a location that provides COVID-19 vaccinations. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging – January 14, 2021 meeting cancelled; next meeting February 11, 2021. 2. Airport Commission – No report; next meeting January 14, 2021. 3. Harbor Commission – No report; next meeting February 8, 2021. Page 67 City of Kenai Council Meeting Page 6 of 7 January 6, 2021 4. Parks and Recreation Commission – January 7, 2021 meeting cancelled. Council Member Winger noted the ongoing maintenance on the ice at Daubenspeck Park and the ski trails. Next meeting February 4, 2021. 5. Planning and Zoning Commission – No report; next meeting January 13, 2020. 6. Beautification Committee – January 12, 2021 meeting cancelled; next meeting April 13, 2021. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Many people took advantage of the fireworks window for New Year’s, and he received positive feedback for allowing this. Many people have expressed interest in allowing fireworks to be sold in Kenai, and the Mayor would consider bringing this issue back to Council; • Chamber of Commerce hosting an upcoming meet-and-greet tak ing place over Zoom; • Three new police officers to be sworn in on Friday, January 8, 2021; • Recalled the beginning of the COVID-19 pandemic last March, and how Administration prepared and took initial steps to support businesses. J. ADMINISTRATION REPORTS 1. City Manager - City Manager P. Ostrander reported on the following: • Met with the Borough’s anadromous task force, and is recommending amendments to a part of their code. He is working with Borough attorney on specific language in order to draft this for responsible development in the area. Would like to bring this code to Council for their consideration, and will do so during the next meeting; • Final audit supplement for CARES Act expenditures was released. Financials will be finalized by Finance, and will be presented at next Council meeting; • Bluff Project: RFP nearing completion, hoping to get out on the street this month; • Preliminary report on Fine Arts Center will be presented to Council soon. 2. City Attorney -- City Attorney S. Bloom reported that he would not be bringing legislation to Council regarding the Governor’s budget item proposal to start charging the municipalities for the prosecution of misdemeanors. Instead he would be drafting a letter that can be shared with various representatives throughout the state, as well as Council and any other municipalities who are interested. 3. City Clerk – No report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) - None. 2. Council Comments Page 68 City of Kenai Council Meeting Page 7 of 7 January 6, 2021 Council Member Glendening revealed his new haircut. Council Member Pettey expressed gratitude for Administration on COVID-19 expenditures and looks forward to living COVID-free. Council Member Winger says she looks forward to attending the police swearing in. Discussed how she is looking forward to children going back into school and attending other activities, and is glad to see we’re moving in the direction of being open. Believes that close relationships with businesses are important for building a strong future for our children, and expressed her desire to see one million dollars go towards the Shop Local Program. Vice Mayor Molloy noted he was looking forward to working with colleagues and Administration in the challenging upcoming year. Noted that he misses having a student representative on Council. Council Member Knackstedt noted that he and the City Attorney had worked on a fireworks ordinance that would allow for sale of fireworks in some areas of city during December, and expressed interest in seeing that revived. Stated that he received feedback from members of the public who had difficulty booking an appointment to receive the COVID-19 vaccination, and shared that his daughters had received their first vaccinations and reported that it was a positive experience. L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000. There being no further business before the Council, the meeting was adjourned at 7:34 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of January 6, 2021. _____________________________ Jamie Heinz, CMC City Clerk Page 69 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: JANUARY 20, 2021 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS PERS VARIOUS LIABILllY 102,458.98 REBORN AGAIN JANITORIAL DECEMBER SERVICES AIRPORT REPAIR & MAINTENANCE 4,231.25 PREMERA BLUE CROSS JANUARY PREMIUM VARIOUS INSURANCE 223,060.44 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 111,717.05 ENSTARGAS GAS USAGE VARIOUS UTILITIES 36,241.41 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. Page 70 PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: JANUARY 20, 2021 VENDOR DESCRIPTION DEPT. ACCOUNT FLEET ALASKA SAFETY NEW POLICE VEHICLE EQUIP. REPLACEMENT MACHINERY & EQUIP TWO RIVERS TERMINAL LLC UREA RUNWAY DE-ICER AIRPORT OPERATING SUPPLIES INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O.# -DEPT. REASON FY21 FACILITY MANAGEMENT 120503 -CONG. SADLER PROPERTY MGMT. CONTRACT HOUSING TO COVER REMAINING FY LESS IMPACTFUL RATE INCREASE & OPERATIONAL KENAI PENINSULA BOROUGH FY21 SLUDGE DISPOSAL 120968 • WWTP EFFICIENCIES AMOUNT 30,048.00 15,400.00 AMOUNT TOTALPOAMT 8,500.00 75,151.00 -15,000.00 27,000.00 Page 71 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: January 11, 2021 SUBJECT: Purchase Order Exceeding $15,000 – Alaska Safety, Inc. The purpose of this memo is to request support for a purchase order in the amount of $30,048 for the purchase and installation of police equipment into three new police vehicles. This includes items such as window barriers, passenger compartment partitions, gun locks, siren speakers, push bumpers, computer mounts, siren controllers, power distribution systems, light bars, map lights, consoles, truck bed boxes, etc. Alaska Safety has a State bid contract for the majority of items and installation included in this purchase order. For other items we have deviated from the State contract to the benefit of the City. Alaska Safety has been the source of police vehicle equipment for many years and they have a great deal of experience in setting up police vehicles from around the state. Your consideration is appreciated. Page 72 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant DATE: January 8, 2021 SUBJECT: Purchase Order over $15,000 – Urea The purpose of this memo is to request approval to purchase 20 tons of urea for the 2020-2021 winter season. The Airport uses a variety of methods to maintain the surface friction, including mechanical, sand and E36. Due to the unusual winter conditions (rain, freezing rain, rain with mixed snow) we are experiencing, urea is the deicer of choice and we are close to being totally out of the product. Without the proper runway surface control, winter weather can seriously impact safe airport operations by creating conditions that lead to incidents, accidents, and delays. Three vendors were contacted for 20 tons delivered to Kenai: Two Rivers Terminal, LLC $15,400 Alaska Garden and Pet $19,540 Univar no response Two Rivers Terminal, LLC. price was found to be fair and reasonable. Thank you for your consideration. . Page 73 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: January 12, 2021 SUBJECT: Purchase Order Increase to Sadler Property Management This memo is to request a change order to purchase order #120503 to Sadler Property Management for the FY21 Contractor’s Fee for Vintage Pointe Manor. An increase to the purchase order in the amount of $8500.00 is requested to cover the remainder of FY21. These expenses are credited to the extremely icy weather in November and December and extra services provided by the Contractor brought on by the COVID-19 virus. While the CARES money was able to cover the COVID costs during 2020, additional funds will be needed to ensure these will be covered for the remainder of the fiscal year. The current Contractor has continuously maintained a secure and sanitized building to ensure the residents and staff of Vintage Pointe remain safe. I respectfully ask for your approval to amend the purchase order to Sadler Property Management. Thank you. Page 74 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: January 15, 2020 SUBJECT: Purchase Order Reduction – Sludge Disposal The purpose of this memo is to request approval to reduce Purchase Order 120968 to the Kenai Peninsula Borough for the Central Peninsula Landfill Waste Water Treatment Sludge disposal. The Purchase Order was opened for $42,000 to start the fiscal year, we are requesting approval to reduce that amount to $27,000, a reduction of $15,000 to free up funds within the department’s Professional Services account. This will allow the Waste Water Treatment Plant to cover additional lab costs as requested by DEC for the renewal of our APDES Discharge Permit. The reduction in Sludge Disposal costs are the result of improved efficiencies at the plant resulting in the need to haul less sludge to the landfill, as well as the previously forecasted impacts of potential cost increases by the Borough did not impact the department as severely as originally considered. Council’s support is respectfully requested. Page 75 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: January 14, 2021 SUBJECT: Liquor License Renewals The following establishments submitted an application to the Alcohol and Marijuana Control Office for renewal of their liquor licenses: • D & E Investments, Inc. D/B/A The Bow Bar • The Cannery Lodge, LLC D/B/A The Cannery Lodge Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they have satisf ied all obligations to the City. With the approval of Council, a letter of non-objection to the liquor license renewals will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. Page 76 AMCO License Application Date Lice nse Type Lice nse e Doing Busine ss As Pre mise s Addre ss City, State Contact Lice nse e Contact Phone No.Contact Email Name Phone No.Email File Upload 12/15/2020 Establishment Information Beverage Dispensary D&E Investments, Inc. The Bow Bar 502 South Main Street Kenai, AK Contact Information Karen McGahan 907-252-4989 kmcgahan@outlook.com Additional Contact Information Documents 1312 LGB Notice - City of Kenai in KPB 121120.pdf 566.53KB 1312 The Bow CRA BD.PDF 3.26MB Page 77 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Jamie Heinz 12/15/2020 10:01:10 AM (Form Submission) Approve by Jeremy Hamilton 12/15/2020 10:30:29 AM (Fire Marshall Review) Inspection completed in October. Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: Decemb er 24, 2020 5:00 PM 12/15/2020 10:01 AM Approve by Michael Wesson 1/12/2021 11:43:14 AM (Building Official Review) Th e task was assign ed to Michael Wesson. Th e du e date i s: Decemb er 24, 2020 5:00 PM 12/15/2020 10:01 AM Approve by David Ross 12/21/2020 12:42:36 PM (Police Department Review) Jami e Hei nz reassi gned th e task to David Ross 12/15/2020 10:38 AM Jami e Hei nz assi gned th e task to Jamie Hein z 12/15/2020 10:37 AM Jami e Hei nz reassi gned th e task to Jamie Hein z, David Ross 12/15/2020 10:35 AM Jami e Hei nz reassi gned th e task to David Ross 12/15/2020 10:33 AM Th e task was assign ed to Jamie Hein z, David Ross. Th e du e date i s: Decemb er 24, 2020 5:00 PM 12/15/2020 10:01 AM Approve by Tina Williamson 12/15/2020 10:36:25 AM (Finance Asst Review) Th e task was assign ed to Ti na Wi l l i amson. Th e du e date i s: Decemb er 24, 2020 5:00 PM 12/15/2020 10:01 AM Approve by Cindy Herr 12/21/2020 4:04:58 PM (Legal Asst Review) No monies owed in fines or restitution. Th e task was assign ed to Cin dy Herr. The d ue d ate is: December 24, 2020 5:00 PM 12/15/2020 10:01 AM Approve by Wilma Anderson 12/15/2020 10:03:02 AM (Lands Review) Th e task was assign ed to Wilma An derson. Th e du e date i s: Decemb er 24, 2020 5:00 PM 12/15/2020 10:01 AM Approve by Terry Eubank 12/22/2020 10:31:05 AM (Finance Review) Th e task was assign ed to Terry Eu ban k. Th e du e date i s: Decemb er 30, 2020 5:00 PM 12/21/2020 4:05 PM Approve by Scott Bloom 12/21/2020 4:19:43 PM (Legal Review) Th e task was assign ed to Scott Bl oom. Th e du e date i s: Decemb er 30, 2020 5:00 PM 12/21/2020 4:05 PM Approve by Ryan Foster 1/4/2021 3:26:27 PM (P&Z Department Review) Jami e Hei nz reassi gned th e task to Ryan Foster 1/4/2021 3:11 PM Th e task was assign ed to Paul Ostrand er. The d ue d ate is: December 30, 2020 5:00 PM 12/21/2020 4:05 PM Page 78 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 December 11, 2020 City of Kenai Kenai Peninsula Borough Via Email: jheinz@kenai.city ; MBerg@kpb.us ; MJenkins@kpb.us ; SNess@kpb.us ; BTaylor@kpb.us ; JHindman@kpb.us ; TShassetz@kpb.us ; JBlankenship@kpb.us Re: Notice of Liquor License Renewal Application We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Glen Klinkhart, Director amco.localgovernmentonly@alaska.gov License Number DBA Type City Borough Community Council 1312 The Bow Beverage Dispensary Kenai Kenai Peninsula Borough NONE Page 79 [Master Checklist: Renewal] (rev 09/20/2018) Page 1 of 1 Alaska Alcoholic Beverage Control Board Master Checklist: Renewal Liquor License Application Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 ☐ ☐ ☐ ☐ Doing Business As: License Number: License Type: Examiner: Transaction #: Document Received Completed Notes AB-17: Renewal Application App and License Fees Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25: Supplier Cert (WS) AB-29: Waiver of Operation AB-30: Minimum Operation AB-33: Restaurant Affidavit COI / COC / 5 Star FP Cards & Fees / AB-08a Late Fee Names on FP Cards: Yes No Selling alcohol in response to written order (package stores)? Mailing address and contact information different than in database (if yes, update database)? In “Good Standing” with CBPL (skip this and next question for sole proprietor)? Officers and stockholders match CBPL and database (if “No”, determine if transfer necessary)? LGB 1 Response: LGB 2 Response: Waive Protest Lapsed Waive Protest Lapsed 4 4 4 4 The Bow 1312 Beverage Dispensary RANDI 100004316 12/1 12/01 12/1 12/01 Page 80 Alcono1 ana Mariiuana Lontro1 umce 550 W 7~ Avenue, Suite 1600 Anchorage, AK 99501 alcohol.hcensing@alaska.gov https:flwww .commerce .alaska .gov/web/ am co Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application • This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than 12/31/2020 per AS 04.11.270, 3 MC 304.160, with all required fees paid in full, or a non-refundable $500.00 late fee applies. • Any complete application for renewal or any fees for renewal that have not been postmarked by 02/28/2021 will be expired per AS 04.11.540,3 MC 304.160(e). • All fields of this application must be deemed complete by AMCO staff and must be accompanied by the required fees and all documents requir ed, or the application will be returned without being processed, per AS 04.11.270, 3 MC 304.105 • Receipt and/or process i ng of renew al payments by AMCO staff neither indicates nor guarantees in any way that an application wilt be deemed complete, renewed, or that i t will be scheduled for the next ABC Board meeting. Establishment Contact Information Licensee (Owner): D & E Investments Inc I License #: 11 312 License Type: Beverage Dispensery Doing Business As: The Bow Bar Premises Address: 502 South Main St., Kenai , AK 99611 Local Governing Body: Kenai Community Council: Kenai Peninsula Borough If your mailing address has changed, write the NEW address below: I Mailing Address: I ZIP: Section 1 -Licensee Contact Information Contact Licensee: The individual listed below must be listed in Section 2 or 3 as an Official/Owner/Shareholder of your entity and must be listed on CBPL with the same name and title. This person will be the designated point of contact regarding this license, unless the Optional contact is completed . Contact Licensee: Dianne Ireland I Contact Phone: 1907-398-3911 Contact Email: thebow@alaska.net Optional: If you wish for AMCO staff to communicate with anyone other than t he Contact Licensee about your license, list them below: Name of Contact: Karen McGahan I Contact Phone : 1907-252-4989 Contact Email: kmcgahan@outlook.com Name of Contact: I Contact Phone: I Contact Email: Name of Contact: I Contact Phone: I Contact, Email: AMCO DEC -1 202l Page 81 Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application Section 2 -Entity or Community Ownership Information Sole Proprietors should skip this Section . Use the link from Corporations, Business and Professional Licensing (CBPL) below to assist you in finding the Entity#. flttps.//www.commerce.afaska gov/cbp/m ain/search/entit1es Alaska CBPL Entity#: 15 50560 READ BEFORE PROCEEDING : Any new or changes to Shareholders (10% or more), Managers, Corporate Officers, Board of Directors, Partners, Controlling Interest or Ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by a full set of fingerprints on FBI-approved card stock, AB-08a's, payment of $48.25 for each new officer with a date-stamped copy of the CBPL change per AS 04.11.045, 50 & 55, or a Notice of Violation will be issued to your establishment and your application will be returned. The only exception to this is a Corporation who can meet the requirements set forth in AS 04.11.0SO(c). DO NOT UST OFFICERS OR TITLES THAT ARE NOT REQUIRED FOR YOUR ENTITY TYPE. • Corporations of~ type including non-profit must list ONLY the following: o All shareholders who own 10% or more stock in the corporation o Each President, Vice-President, Secretary, and Managing Officer regardles s of percentage owned • Limited Liability Corporations, of~ type must list ONLY the following: o All Members with an ownership interest of 10% or more o All Managers (of the LLC, not the OBA) regardless of percentage owned • Partnerships of any type, including Limited Partnerships must list ONLY the following: o Each Partner with an interest of 10% or more o All General Partners regardless of percentage owned Important Note: All entries below must match our records , or your application will be returned per AS 04.11.270, 3 AAC 304.105. You must list full legal names, all required titles, phone number, percentage of shares owned (if applicable) and a full mailing address for each official of your entity whose information we require . If more space is needed : attach additional completed copies of this pae:e Additional information not on this pae:e will be rejected Name of Official: Elton McGahan Title(s): Preside nUT reasu rer Mailing Address: Box 8013 City: Nikiski Name of Official: Dianne Ireland Title(s): Vice PresidenUSecretary Mailing Addres.s: Box1913 City: Soldotna Name of Official: Title(s): Mailing Address: City: I Phone: I State: I Phone: I State: I Phone: I State: 1907-252-5169 I %Owned: !so IAK I ZIP: 199635 1907-398-3911 I %Owned: lso jAK I ZIP: 19966 9 I I %Owned: I I I ZIP: I <4MCC l)Ef' J l(}{fj Page 82 Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application Section 3 -Sole Pro,prietor Ownership Information Corporations, LLC's and Partnerships of ALL kinds should skip this section. READ BEFORE PROCEEDING : Any new or changes to the ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by a full set offtngerprints on FBI approved cardstock, AB-08a's, payment of $48.25 for each new owner or officer and a date stamped copy of the CBPL change per AS 04.11.045, or a Notice of Violation will be issued to your establishment and your application will be returned . Important Note: All entries below must match our records, or your application will be returned per AS 04.11.270, 3 AAC 304.105. You must list full legal names, phone number, and mailing address for each owner or partner whose information we require. If d d h dd. • I f h . dd. . I r d h ' ·11 b d more space 1s nee e , attac a 1t1ona copies o t IS page. A 1t1ona owners not 1ste on t IS page WI e reJecte .. This individual is an: I !Applicant I I Affiliate Name: I Contact Phone: Mailing Address: City: I State: I Email: This individual is an: I !Applicant I I Affiliate Name: I Contact Phone: Mailing Address : City: I State: I Email: Section 4 -License Operation Check ONE BOX/or EACH CALENDAR YEAR that best describes how this liquor license was operated: 1. The license was regularly operated continuously throughout each year. (Year-round) 2. The license was only operated during a specific season each year . (Seasonal) If your operation dates have changed, list them below: ~~~~~~~~~~~~~~~to~~~~~~~~~~~~~~~ J. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. A complete AB -30: Proof o[Mmimum Operot1on Checklist. ond all documentation must be provided with this form . 4. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year, during one or both calendaryears. A complete Form AB-29: Wo iver of Operation Application I I ZIP: I I ZIP: and correspondi ng fees must be submitted with this application far each colendor veor during which the license was not operated. I I 2019 ~ D D D 2020 ~ D D D !f.Y.ou have not met the minimum number of hours of operation in 2020, you are not required to pay the fees, however a com lete AB-29 is re uire.d with Section 2 marked "OTHER" and COVID is listed as the reason. Section 5 -Violations and Convictions Have ANY Notices of Violation been issued for this license OR ha s ANY person or entity in this application been convicted of a violation of Title 04, 3AAC 304 or a local ordinance adopted under AS 04.21.010 in 2019 or 2020? Yes No D If you checked YES, you MUST attach a list of oil Notices of Violation and/or Convictions per AS 04.11.270(a}(2} .If you are unsure if you have received any Notices of Violation, contact the off;ce before submitting this form . Meo IJ[( I lDIO Page 83 AMCO · Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal App,lication Section 6 -Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, are true, correct, and complete. • I agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and potentially expired if I do not comply with statutory or regulatory requirements. • I certify that all current licensees (as defined in AS 04.11.260) and affiliates have been listed on this application, and that in accordance with AS 04.11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. • I certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and stakeholders are current and accurately listed, and I have provided AMCO with all required changes of Shareholders (10% or more), Managers, Corporate Officers/Board of Directors, Partners, Controlling Interest or Ownership of the business license, and have provided all required documents for any new or changes in officers. • I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of the.ir course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in AS 04.21.025 and 3 AAC 304.465. • I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name from what is currently approved and on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. Printed name of licensee . . . October 6 2021 My comm1ss1on expires: ' . . 21 November 20 Subscribed and sworn to before me th1s __ day of __________ ~ 20_ Restaurant/Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed Recreational Site Statement Tourism applications must include a completed Tourism Statement Wholesale applications must include a completed AB-25: Supplier Certification All renewal and supplemental forms are available online Any application that is not complete or does not include ALL required completed forms and fees will not be processed and will be returned per AS 04.11.270, 3 AAC 304.105. FOR OFFICE USE ONLY License Fee: ls -::Jc:;-oD I Application Fee: Is 300.00 I Misc. Fe.e: $ Total Fees Due: $ ::ZRDO AMC UE f I J ?.I Page 84 Department of Commerce, Community, and Economic Development Show Former State of Alaska /Commerce /Corporations, Business, and Professional Licensing /Search & Database Download / Corporations / Entity Details Entity Type:Business Corporation Entity #:55056D Status:Good Standing AK Formed Date:12/19/1994 Duration/Expiration:Perpetual Home State:ALASKA Next Biennial Report Due:1/2/2022 Entity Mailing Address:502 S. MAIN, KENAI, AK 99611 Entity Physical Address:502 S. MAIN, KENAI, AK 99611 Agent Name:Elton McGahan Registered Mailing Address:PO BOX 8013, NIKISKI, AK 99635 Registered Physical Address:47265 MILKY WAY ROAD, NIKISKI, AK 99635 Legal Name D & E INVESTMENTS, INC. Type Name DIANNE IRELAND Director, Secretary, Shareholder, Vice President 50.00 ELTON MCGAHAN President, Shareholder, Treasurer 50.00 AK Entity # Name Titles Owned Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/55056D 1 of 2 12/2/2020, 3:05 PM Page 85 COPYRIGHT © STATE OF ALASKA ꞏ DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT ꞏ 12/19/1994 Creation Filing 2/13/1995 Biennial Report 9/03/1996 Biennial Report Click to View 3/29/2000 Biennial Report Click to View 2/25/2002 Biennial Report Click to View 5/03/2004 Biennial Report Click to View 2/28/2007 Biennial Report Click to View 3/06/2007 Agent Change Click to View 4/30/2008 Biennial Report Click to View 2/11/2009 Entity Address Change Click to View 2/15/2011 Biennial Report Click to View 3/04/2013 Biennial Report Click to View 3/04/2013 Agent Change Click to View 8/17/2014 Admin Dissolution Click to View 12/30/2014 Biennial Report Click to View 12/30/2014 Reinstatement Click to View Click to View 4/08/2016 Biennial Report Click to View 6/22/2018 Biennial Report Click to View 1/16/2020 Biennial Report Click to View Date Filed Type Filing Certificate Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/55056D 2 of 2 12/2/2020, 3:05 PM Page 86 Alaska Business License # 935197 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-0806 This is to certify that THE BOW 502 S. MAIN STREET, KENAI, AK 99611 owned by D & E INVESTMENTS, INC. is licensed by the department to conduct business for the period November 4, 2019 to December 31, 2021 for the following line(s) of business: 72 - Accommodation and Food Services This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Anderson Commissioner Page 87 Alaska Business License # 935197 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-0806 This is to certify that THE BOW 502 S. MAIN STREET, KENAI, AK 99611 owned by D & E INVESTMENTS, INC. ENDORSEMENT: 935197 - 1 Effective November 4, 2019 through December 31, 2021 This business license has an endorsement for the physical address shown below: 502 S MAIN ST, KENAI, AK 99611 This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Anderson Commissioner Page 88 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West Seventh Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 December 8, 2020 Owner: D&E Investments Inc DBA: The Bow Via email: thebow@alaska.net Re: Liquor Licenses # 1312 Dear Applicant: I have received your application for renewal of your liquor license. Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS 04.11.510, and AS 04.11.520. Your application is now considered complete and will be sent electronically to your local governing body, your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body will have 60 days to protest the renewal of your license or waive protest. Your application will be scheduled for the January 2021 board meeting for Alcoholic Beverage Control Board consideration. The Zoom link and call-in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS 04.11.480(a). Please feel free to contact us via email at alcohol.licensing@alaska.gov if you have any questions. Sincerely, Randi Baker Occupational Licensing Examiner Page 89 144 North Binkley Street, Soldotna, Alaska 99669 (907) 714-2160 (907) 714-2388 Fax Office of the Borough Clerk Johni Blankenship, MMC Borough Clerk Office of the Borough Clerk December 29, 2020 Sent via email: jheinz@kenai.city Kenai City Hall City of Kenai RE: Non-Objection of Application Dear Ms. Heinz, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/ts Encl. cc: thebow@alaska.net; jheinz@kenai.city; MBerg@kpb.us; SNess@kpb.us; MJenkins@kpb.us Licensee/Applicant : D & E Investments Inc. Business Name : Bow Bar, The License Type : Beverage Dispensary License Location : 502 South Main Street, Kenai, AK 99611, City of Kenai License No. : 1312 Application Type : License Renewal Page 90 AMCO License Application Date Lice nse Type Lice nse e Doing Busine ss As Pre mise s Addre ss City, State Contact Lice nse e Contact Phone No.Contact Email Name Phone No.Email File Upload 1/5/2021 Establishment Information Outdoor Recreation Lodge Liquor License The Cannery Lodge, LLC The Cannery Lodge 2101 Bowpicker Lane #13 Kenai, AK Contact Information Ron Hyde 907-223-1242 ron.hyde@pacrimlog.com Additional Contact Information Vicki Smith 907-261-9442 vsmith@pacrimlog.com Documents 5369 LGB Notice - City of Kenai in KPB 121820.pdf 566.17KB 5369 The Cannery Lodge CRA OUTDOOR REC LODGE.PDF 4.03MB Page 91 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Jamie Heinz 1/4/2021 3:27:28 PM (Form Submission) Approve by Jeremy Hamilton 1/5/2021 11:14:26 AM (Fire Marshall Review) Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: Jan uary 13, 2021 5:00 PM 1/4/2021 3:27 PM Approve by Michael Wesson 1/12/2021 11:43:38 AM (Building Official Review) Th e task was assign ed to Michael Wesson. Th e du e date i s: Jan uary 13, 2021 5:00 PM 1/4/2021 3:27 PM Approve by David Ross 1/4/2021 4:28:59 PM (Police Department Review) Jami e Hei nz reassi gned th e task to David Ross 1/4/2021 3:30 PM Th e task was assign ed to Jamie Hein z, David Ross. Th e du e date i s: Jan uary 13, 2021 5:00 PM 1/4/2021 3:27 PM Approve by Tina Williamson 1/5/2021 9:38:22 AM (Finance Asst Review) Th e task was assign ed to Ti na Wi l l i amson. Th e du e date i s: Jan uary 13, 2021 5:00 PM 1/4/2021 3:27 PM Approve by Cindy Herr 1/4/2021 3:33:28 PM (Legal Asst Review) No monies owed for citations or in restitution Th e task was assign ed to Cin dy Herr. The d ue d ate is: Janu ary 13, 2021 5:00 PM 1/4/2021 3:27 PM Approve by Wilma Anderson 1/6/2021 11:25:24 AM (Lands Review) The Cannery Lodge is in compliance with the Conditional Use Permit on the premises. Th e task was assign ed to Wilma An derson. Th e du e date i s: Jan uary 13, 2021 5:00 PM 1/4/2021 3:27 PM Approve by Terry Eubank 1/6/2021 1:45:46 PM (Finance Review) Th e task was assign ed to Terry Eu ban k. Th e du e date i s: Jan uary 15, 2021 5:00 PM 1/6/2021 11:25 AM Approve by Scott Bloom 1/6/2021 3:08:03 PM (Legal Review) Th e task was assign ed to Scott Bl oom. Th e du e date i s: Jan uary 15, 2021 5:00 PM 1/6/2021 11:25 AM Approve by Ryan Foster 1/7/2021 5:14:18 PM (P&Z Department Review) Th e task was assign ed to Ryan Foster. The d ue d ate is: Janu ary 15, 2021 5:00 PM 1/6/2021 11:25 AM Page 92 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 December 18, 2020 City of Kenai Kenai Peninsula Borough Via Email: jheinz@kenai.city ; MBerg@kpb.us ; MJenkins@kpb.us ; SNess@kpb.us ; BTaylor@kpb.us ; JHindman@kpb.us ; TShassetz@kpb.us ; JBlankenship@kpb.us Re: Notice of Liquor License Renewal Application We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Glen Klinkhart, Director amco.localgovernmentonly@alaska.gov License Number DBA Type City Borough Community Council 5369 The Cannery Lodge Outdoor Recreation Lodge Kenai Kenai Peninsula Borough NONE Page 93 [Master Checklist: Renewal] (rev 09/20/2018) Page 1 of 1 Alaska Alcoholic Beverage Control Board Master Checklist: Renewal Liquor License Application Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 ☐ ☐ ☐ ☐ Doing Business As: License Number: License Type: Examiner: Transaction #: Document Received Completed Notes AB-17: Renewal Application App and License Fees Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25: Supplier Cert (WS) AB-29: Waiver of Operation AB-30: Minimum Operation AB-33: Restaurant Affidavit COI / COC / 5 Star FP Cards & Fees / AB-08a Late Fee Names on FP Cards: Yes No Selling alcohol in response to written order (package stores)? Mailing address and contact information different than in database (if yes, update database)? In “Good Standing” with CBPL (skip this and next question for sole proprietor)? Officers and stockholders match CBPL and database (if “No”, determine if transfer necessary)? LGB 1 Response: LGB 2 Response: Waive Protest Lapsed Waive Protest Lapsed The Bow 1312 Beverage Dispensary RANDI 100004316 12/1 12/01 12/1 12/01 Page 94 MCO >-11cono1 an□ 1v1ar1Juana \..omro1 urnce 550 W 7'" Avenue, Suite 1600 Anchorage, AK 99501 alcahol.licensing@alaska.gov _ https://www.cammerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application •This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than 12/31/2020 perAS 04.11.270, 3 AAC 304.160, with all required fees paid in full, or a non-refundable $500.00 late fee applies.•Any complete application for renewal or any fees for renewal that have not been postmarked by 02/28/2021 will be expired per AS 04.11.540,3 AAC 304.160(e).•All fields of this application must be deemed complete by AMCO staff and must be accompanied by the required fees and all documents required, or the application will be returned without being processed, per AS 04.11.270, 3 AAC 304.105 •Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees in any way that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Licensee (Owner): License Type: Doing Business As: Premises Address: Local Governing Body: Community Council: Establishment Contact Information The Cannery Lodge, LLC I Outdoor Recreation Lodge The Cannery Lodge 2101 Bowpicker Lane Unit #13 City of Kenai (Kenai Peninsula Borough) I State: Section 1 -Licensee Contact Information License #: 15369 ZIP: Contact Licensee: The individual listed below must be listed in Section 2 or 3 as an Official/Owner/Shareholder of your entity and must be listed on CBPL with the same name and title. This person will be the designated point of contact regarding this license, unless the Optional contact is completed. Contact Licensee: Ronald Hyde I Contact Phone: 19072231242Contact Email: ron.hyde@pacrimlog.com Optional: If you wish for AMCO staff to communicate with anyone other than the Contact Licensee about your license, list them below: Name of Contact: Vicki Smith I Contact Phone: 19072619442Contact Email: vsmith@pacrimlog.com Name of Contact: I Contact Phone:I Contact Email: Name of Contact: I Contact Phone: IContact Email: [Form AB-17] (rev09/23/2020) Page 1 of 4AMCO Received 12/8/20 NONE Page 95 Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application Section 2 -Entity or Community Ownership Information Sole Proprietors should skip this Section. Use the link from Corporations, Business and Professional Licensing (CBPL) below to assist you in finding the Entity#. https:/lwww.commerce.alaska.gov/cbp/main/search/entities Alaska CBPL Entity#: 1112351 READ BEFORE PROCEEDING: Any new or changes to Shareholders {10% or more), Managers, Corporate Officers, Board of Directors, Partners, Controlling Interest or Ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by a full set of fingerprints on FBI-approved card stock, AB-08a's, payment of $48.25 for each new officer with a date-stamped copy of the CBPL change per AS 04.11.045, 50 & 55, or a Notice of Violation will be issued to your establishment and your application will be returned. The only exception to this is a Corporation who can meet the requirements set forth in AS 04.11.0S0(c). DO NOT LIST OFFICERS OR TITLES THAT ARE NOT REQUIRED FOR YOUR ENTITY TYPE. •Corporations of� type including non-profit must list ONLY the following: o All shareholders who own 10% or more stock in the corporation o Each President, Vice-President, Secretary, and Managing Officer regardless of percentage owned •Limited Liability Corporations, of� type must list ONLY the following: o All Members with an ownership interest of 10% or more o All Managers (of the LLC, not the DBA) regardless of percentage owned •Partnerships of any type, including Limited Partnerships must list ONLY the following: o Each Partner with an interest of 10% or more o All General Partners regardless of percentage owned Important Note: All entries below must match our records, or your application will be returned per AS 04.11.270, 3 AAC 304.105. You must list full legal names, all required titles, phone number, percentage of shares owned (if applicable) and a full mailing address for each official of your entity whose information we require. If more space is needed: attach additional completed copies of this page Additional information not on this page will be rejected Name of Official: PRL Logistics Inc Title(s): Member I Phone: Mailing Address: PO Box 222029 City: Anchorage I State: Name of Official: Title(s): Mailing Address: City: Ronald Hyde Manager, Cannery Lodge I Phone: 2270 Royal Street Kenai I State: Name of Official: Title(s): I Phone: Mailing Address: City: I State: [Form AB-17] (rev09/23/2020) 19072619442 IAK 19072231242 IAK I I I % Owned: I 100% I ZIP: 199522 I %Owned: lo% I ZIP: 199611 I % Owned: I I ZIP: I Page 2 of4 AMCO Received 12/8/20 Page 96 AMCO Received 12/8/20 Page 97 Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application Section 6 -Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, are true, correct, and complete. •I agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and potentially expired if I do not comply with statutory or regulatory requirements. •I certify that all current licensees (as defined in AS 04.11.260) and affiliates have been listed on this application, and that in accordance with AS 04.11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. •I certify that this entity is in good st anding with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and stakeholders are current and accurately listed, and I have provided AMCO with all required changes of Shareholders {10% or more), Managers, Corporate Officers/Board of Directors, Partners, Controlling Interest or Ownership of the business license, and have provided all required documents for any new or changes in officers. •I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in AS 04.21.025 and 3 AAC 304.465. •I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name from what is currently approved and on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form p�v;<l!, y AMCO ;, gm,nds to, ceject;on o, den;al of th;s appHcat;on :2z: Hc � Signature of Notary Pub c Ronald B. Hyde Notary Public in and for the State of: A::I O\S \6 C\.Printed name of licensee My commission expires: "5) 14 ! 1 O'L "3 Notary Public AMANTHA RIFE Subscribed and sworn to before me this1_day of 1) e,LO'Y1 \.o-t X State of Alaska My Commisalon Expll'88 May 14, 2023 s u a c applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed Recreational Site Statement Tourism applications must include a completed Tourism Statement Wholesale applications must include a completed AB-25: Supplier Certification All renewal and supplemental forms are available on line , 20 2D. Any application that is not complete or does not include ALL required completed forms and fees will not be processed and will be returned per AS 04.11.270, 3 AAC 304.105. FOR OFFICE USE ONLY License Fee: Is 12so.oo I Application Fee: Total Fees Due: [Form AB-17] (rev09/23/2020) Is 300.00 I Misc. Fee: $ S 1sso.oo Page4 of4 AMCO Received 12/8/20 Page 98 12/8/2020 Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/112351 1/2 Department of Commerce, Community, and Economic Development CORPORATIONS, BUSINESS & PROFESSIONAL LICENSING Show Former State of Alaska / Commerce / Corporations, Business, and Professional Licensing / Search & Database Download / Corporations / Entity Details ENTITY DETAILS Name(s) Entity Type: Limited Liability Company Entity #: 112351 Status: Good Standing AK Formed Date: 11/18/2007 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2023 Entity Mailing Address: PO BOX 222029, ANCHORAGE, AK 99522 Entity Physical Address: 6375 KULIS DR, STE 113, ANCHORAGE, AK 99502 Registered Agent Agent Name: Roy Longacre Registered Mailing Address: PO BOX 191025, ANCHORAGE, AK 99519 Registered Physical Address: 905 STOLT LN, ANCHORAGE, AK 99501 Officials Type Name Legal Name The Cannery Lodge, LLC Previous Legal Name NANVAQ PEBBLE, LLC AK Entity #Name Titles Owned Prl Logistics, Inc.Member 100.00 RONALD HYDE Manager AMCO Received 12/8/20 Page 99 12/8/2020 Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/112351 2/2 Filed Documents COPYRIGHT © STATE OF ALASKA · DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT · Date Filed Type Filing Certificate 11/18/2007 Creation Filing Click to View 3/14/2008 Agent Resignation Click to View 4/22/2009 Agent Change Click to View 5/14/2009 Biennial Report Click to View 4/04/2010 Biennial Report Click to View 12/31/2012 Biennial Report Click to View 9/08/2014 Amendment Click to View Click to View 10/20/2014 Change of Officials Click to View 11/25/2014 Certificate of Compliance Click to View 12/16/2014 Agent Change Click to View 12/31/2014 Biennial Report Click to View 12/02/2016 Biennial Report Click to View 10/05/2018 Biennial Report Click to View 12/04/2018 Correction Click to View Click to View 4/20/2020 Agent Change Click to View 11/13/2020 Biennial Report Click to View AMCO Received 12/8/20 Page 100 12/8/2020 Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/77189D 1/2 Department of Commerce, Community, and Economic Development CORPORATIONS, BUSINESS & PROFESSIONAL LICENSING Show Former State of Alaska / Commerce / Corporations, Business, and Professional Licensing / Search & Database Download / Corporations / Entity Details ENTITY DETAILS Name(s) Entity Type: Business Corporation Entity #: 77189D Status: Good Standing AK Formed Date: 8/2/2002 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2022 Entity Mailing Address: P.O. BOX 222029, ANCHORAGE, AK 99522 Entity Physical Address: 6510 FOX RUN WY, ANCHORAGE, AK 99502 Registered Agent Agent Name: Roy Longacre Registered Mailing Address: PO BOX 191025, ANCHORAGE, AK 99519 Registered Physical Address: 905 STOLT LN, ANCHORAGE, AK 99501 Officials Type Name Legal Name PRL Logistics, Inc. Previous Legal Name PACIFIC RIM LOGISTICS, INC. Previous Legal Name PRL Government Services, Inc. AK Entity #Name Titles Owned RONALD HYDE Director, President, Shareholder, Treasurer 100.00 AMCO Received 12/8/20 Page 101 12/8/2020 Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/77189D 2/2 Filed Documents COPYRIGHT © STATE OF ALASKA · DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT · AK Entity #Name Titles Owned Roy Longacre Secretary Date Filed Type Filing Certificate 8/02/2002 Creation Filing Click to View 9/12/2002 Initial Report Click to View 6/14/2004 Biennial Report Click to View 2/13/2006 Change of Officials Click to View 3/10/2006 Biennial Report Click to View 6/15/2006 Amendment Click to View Click to View 4/17/2007 Amendment Click to View Click to View 11/01/2009 Biennial Report Click to View 3/21/2010 Biennial Report Click to View 4/05/2010 Change of Officials Click to View 9/01/2010 Change of Officials Click to View 12/20/2010 Correction Click to View Click to View 3/07/2011 Biennial Report Click to View 10/05/2011 Change of Officials Click to View 10/03/2013 Biennial Report Click to View 12/23/2013 Correction Click to View Click to View 11/11/2015 Biennial Report Click to View 3/29/2016 Agent Change Click to View 12/20/2017 Biennial Report Click to View 10/06/2019 Biennial Report Click to View 4/20/2020 Agent Change Click to View 7/27/2020 Entity Address Change Click to View AMCO Received 12/8/20 Page 102 Department of Commerce, Community, and Economic Development Show Former State of Alaska /Commerce /Corporations, Business, and Professional Licensing /Search & Database Download / Corporations / Entity Details Entity Type:Limited Liability Company Entity #:112351 Status:Good Standing AK Formed Date:11/18/2007 Duration/Expiration:Perpetual Home State:ALASKA Next Biennial Report Due:1/2/2023 Entity Mailing Address:PO BOX 222029, ANCHORAGE, AK 99522 Entity Physical Address:6375 KULIS DR, STE 113, ANCHORAGE, AK 99502 Agent Name:Roy Longacre Registered Mailing Address:PO BOX 191025, ANCHORAGE, AK 99519 Registered Physical Address:905 STOLT LN, ANCHORAGE, AK 99501 Legal Name The Cannery Lodge, LLC Previous Legal Name NANVAQ PEBBLE, LLC Type Name Prl Logistics, Inc. Member 100.00 RONALD HYDE Manager AK Entity # Name Titles Owned Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/112351 1 of 2 12/9/2020, 10:13 AM Page 103 COPYRIGHT © STATE OF ALASKA ꞏ DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT ꞏ 11/18/2007 Creation Filing Click to View 3/14/2008 Agent Resignation Click to View 4/22/2009 Agent Change Click to View 5/14/2009 Biennial Report Click to View 4/04/2010 Biennial Report Click to View 12/31/2012 Biennial Report Click to View 9/08/2014 Amendment Click to View Click to View 10/20/2014 Change of Officials Click to View 11/25/2014 Certificate of Compliance Click to View 12/16/2014 Agent Change Click to View 12/31/2014 Biennial Report Click to View 12/02/2016 Biennial Report Click to View 10/05/2018 Biennial Report Click to View 12/04/2018 Correction Click to View Click to View 4/20/2020 Agent Change Click to View 11/13/2020 Biennial Report Click to View Date Filed Type Filing Certificate Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/112351 2 of 2 12/9/2020, 10:13 AM Page 104 Alaska Business License # 1020850 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-0806 This is to certify that THE CANNERY LODGE, LLC PO BOX 222029, ANCHORAGE, AK 99522-2029 owned by THE CANNERY LODGE, LLC is licensed by the department to conduct business for the period December 2, 2020 to December 31, 2022 for the following line(s) of business: 72 - Accommodation and Food Services This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Anderson Commissioner Page 105 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West Seventh Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 December 17, 2020 The Cannery Lodge, LLC DBA: The Cannery Lodge Via Email: ron.hype@pacrimlog.com Re: Outdoor Recreation Lodge License #5369 DBA: The Cannery Lodge Dear Applicant: I have received your application for renewal of your liquor license. Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS 04.11.510, and AS 04.11.520. Your application is now considered complete and will be sent electronically to your local governing body, your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body will have 60 days to protest the renewal of your license or waive protest. A temporary license has been issued for this establishment. Your application will be scheduled for the January 2021 board meeting for Alcoholic Beverage Control Board consideration. The address and call-in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS 04.11.480(a). Please feel free to contact us through the alcohol.licensing@alaska.gov email address if you have any questions. Sincerely, Olivia Frank Occupational Licensing Examiner Page 106 144 North Binkley Street, Soldotna, Alaska 99669 (907) 714-2160 (907) 714-2388 Fax Office of the Borough Clerk Johni Blankenship, MMC Borough Clerk Office of the Borough Clerk December 29, 2020 Sent via email: jheinz@kenai.city Kenai City Hall City of Kenai RE: Non-Objection of Application Dear Ms. Heinz, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/ts Encl. cc: ron.hyde@pacrimlog.com; jheinz@kenai.city; MBerg@kpb.us; SNess@kpb.us; MJenkins@kpb.us Licensee/Applicant : The Cannery Lodge, LLC Business Name : Cannery Lodge License Type : Lodge License Location : 2101 Bowpicker Lane Unit 13, Kenai, AK 99611, City of Kenai License No. : 5369 Application Type : License Renewal Page 107 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3179-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING POSITIONS IN THE CLASSIFIED SERVICE IN THE PUBLIC WORKS AND SENIOR CENTER DEPARTMENTS AS ESTABLISHED BY THE ANNUAL BUDGET. WHEREAS, pursuant to KMC 23.10.030, positions in the classified service are established by the annual budget or classification plan; and, WHEREAS, Ordinance 3121-2020 adopted the annual budget for the fiscal year commencing July 1, 2020 and ending June 30, 2021, which included the Authorized Personnel Staffing Table, organizational chart, and staffing for each department; and, WHEREAS, the fiscal year 2021 Budget included an Activities/Volunteer Coordinator position graded at a range 2.40 in the Senior Citizens Fund and a Public Works Administrative Assistant II position graded at a range 9 in the General Fund; and, WHEREAS, the Human Resource Director worked with the City Manager, Assistant to City Manager, Public Works Director, and Senior Center Director to improve the position descriptions, classification, grading and title for the existing Public Works Administrative Assistant II and Activities/Volunteer Coordinator positions to better reflect the current administrative support needs in the Public Works and the Senior Center; and, WHEREAS, the updated position descriptions reflect the expanded scope and responsibility for both positions, adding project support and procurement experience to the Public Works Administrative Assistant II position, and resulting in a role classified appropriately as an Administrative Assistant III graded at a range 10 and adding administrative support duties to the Activities/Volunteer Coordinator resulting in a role graded at a range 9; and, WHEREAS, this update in the structure, due to vacancy and an employee transfer, will not require an increase to the adopted FY2021 Budget; however, it will have implications beyond the current fiscal year as the amended and reclassified position are graded at higher salary ranges; and, WHEREAS, the City Manager recommends updating the organizational structure to allow for revised Public Works Administrative Assistant III and Senior Center Activities/Volunteer Coordinator positions with salary ranges reflecting the revised responsibilities of those positions as referenced in Attachment A; and, WHEREAS, these amendments to position descriptions and Authorized Personnel Staffing Table are in the best interests of the City. Page 108 Ordinance No. 3179-2021 Page 2 of 2 _____________________________________________________________________________________ NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. The Authorized Personnel Staffing Table in the annual budget for the fiscal year commencing July 1, 2020 and ending June 30, 2021, is amended as referenced in Attachment A. Section 2. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of February, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: _________________ Introduced: January 20, 2021 Enacted: February 3, 2021 Effective: February 3, 2021 Page 109 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Stormy Brown, Human Resources Director DATE: January 11, 2021 SUBJECT: Ordinance 3179-2021 - Amending Positions in the Classified Service Established by the Annual Budget ____________________________________________________________________________ Each fiscal year, the City Manager proposes the Authorized Personnel Staffing Table as part of the Budget document to communicate how each specific position within the City shall be assigned to support each department. In most cases, the Table remains as published. On occasion, however, the City Manager may find it necessary to request that mid-budget revisions to the approved personnel plans be considered by the City Council in order to best support the changing needs of the City’s departments. In this Ordinance, the Administration seeks the Council’s approval to make changes to two positions in order to improve the administrative support models for both the Public Works and Senior Center departments. First, we ask that the City Council approve the grade change requested for the administrative support position within Public Works. The City Council has authorized and appropriated funds for an increased amount of important capital projects needed by the City, however several currently funded projects are not yet started due to a lack of available internal resources to initiate the work. Administration worked with Human Resources and Public Works to review the support needs of the Public Works department and identified that a restructure of the department’s support position will be a critical first step to strengthening the capacity of this group. Today, the support position for Public Works, an Administrative Assistant II (Grade 9), fills the role of a general administrative support function but does not require the level of project support and procurement experience necessary to successfully coordinate expanded procurement needs or carry each project through the necessary tollgates, addressing gaps and following up on open items as an active participant in this critical process. Restructuring this position to include procurement and project support experience will ensure that the position can be utilized to fully support the project and purchasing needs of the department. A newly structured position has been proposed as the equivalent to an Administrative Assistant III (Grade 10), which would provide additional project and purchasing support in Public Works. As the Administrative Assistant III is already identified and classified within the City’s Classification Plan, this change does not Page 110 Page 2 of 2 amend the Classification Plan but requires an adjustment to the Authorized Personnel Staffing Table as published on page 330 of the approved FY21 Budget document. In addition to the Public Works staffing change, while working with the Kenai Senior Center Director, the Administration has identified an opportunity for the role of the Activities and Volunteer Coordinator position (Grade 2.4) within the Kenai Senior Center to be reviewed and changed to include administrative support, covering its current duties and adding responsibilities which support the broader department. Currently, a vacant position, the Senior Center Director worked with Human Resources to review the role which would include new administrative support responsibilities to meet the level of support required at the Senior Center and extend the capabilities of other positions within the department. These duties, in addition to the original responsibilities, together resemble the level of support usually found in the City’s administrative assistant support levels. Once rewritten and evaluated, the revised position has been established at the Administrative Assistant II level, grade 9, still with a focus on Activities and Volunteer programs at the Senior Center. This approach is similar to many of the City’s administrative positions which support specific department needs. As the current incumbent holding the Administrative Assistant II position in Public Works does not have the procurement and project support experience to assume the new Administrative Assistant III position, it is our intention to transfer the employee into the Administrative Assistant II position now vacant at the Senior Center. We have discussed this opportunity with the current employee, who has indicated interest in making the transfer. Thank you for your consideration of these revisions and grade changes. 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pdates made to grades in Senior Center and Public Works, as identified by removal (strike through) and addition/revision (underlined) were made effective by City Council adoption of Ordinance 3179-2021 on: Page 115 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Legal CITY OF KENAI ORDINANCE NO. 3180-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 3.05.070-CITATION PROCEDURE, AND KENAI MUNICIPAL CODE 13.10.015 – MINOR OFFENSE FINE SCHEDULE TO INCORPORATE VARIOUS ANIMAL CONTROL OFFENSES INTO THE MINOR OFFENSE FINE SCHEDULE AND MAKE OTHER HOUSEKEEPING CHANGES. WHEREAS, this Ordinance incorporates existing mandatory court appearances into the fine schedule, establishes progressive fines for multiple offenses, provides a citation process for animal control officers to address livestock violations, and makes other housekeeping changes; and, WHEREAS, KMC 3.05.060- Penalties and Remedies, KMC 3.05.070- Citation Procedure, and KMC 13.05.010- Penalties, provide a citation process for Animal Control to enforce animal control ordinances adjudicated through the court system; and, WHEREAS, the City’s fine schedule contained in KMC 13.10.015 provides the specific fine amount for each offense; and, WHEREAS, pursuant to KMC 3.05.070, certain offenses, including cruelty charges and third offenses within a 12 month period, require a mandatory court appearance as opposed to an ability to pay for the citation without a court hearing; and, WHEREAS, many mandatory court appearance charges were inadvertently excluded from the City’s fine schedule and should be included; and, WHEREAS, while mandatory Court appearances are typically required when offenses are more serious, or prior citations have failed to curb the offensive behavior, they are more burdensome on the defendant, the City and the court system; and, WHEREAS, Animal Control recommends that some offenses currently requiring a mandatory court appearance be changed to a set fine amount without a requirement to appear in court; and, WHEREAS, KMC 3.10.030 Maintenance and Sanitation, that requires animals and associated facilities to be kept in a clean and sanitary condition, currently requires a mandatory court appearance, but a progressive fine schedule is preferable given the nature of the offense; and, WHEREAS, changing KMC 3.10.050 – Animals Near Streets, from a mandatory court appearance to a progressive fine schedule is also recommended; and, Page 116 Ordinance No. 3180-2021 Page 2 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, changing KMC 3.15.010 – Licenses Required, that requires animal kennels to be licensed, from a mandatory court appearance to a progressive fine schedule is likewise recommended; and, WHEREAS, finally, changing KMC 3.15.050(a) – Standards For Operating Kennel Facilities, that outlines minimum health and safety standards for operation of a kennel facility, from a mandatory court appearance to a progressive fine schedule is recommended; and, WHEREAS, KMC 3.10.070- Livestock Within City Limits, prohibits certain livestock on some properties in some zones within the City; and, WHEREAS, while livestock ordinances are managed by animal control, offenses for livestock violations have not previously been incorporated into the citation process, but instead have been enforced through the Planning Department’s code compliance officer; and, WHEREAS, providing a citation process for livestock violations will allow for an ease of enforcement and provide clarity to the process; and, WHEREAS, a prior update of the Minor Offense Fine Schedule inadvertently removed KMC 3.10.020 – Control and Confinement of Animals, subsection (a) related to restraint of dogs that should be placed back into the fine schedule for enforcement purposes; and, WHEREAS, increasing the fine amount to $50.00 and establishing a progressive fine schedule for KMC 3.20.010 – Failure to License Dog, will discourage owners from choosing to pay a $25 fine, instead of the non-sterilized dog license fee of $30.60; and, WHEREAS, updating KMC 13.10.015 – Minor Offense Fine Schedule, to reflect the revised fines is in the best interest of the City; and, WHEREAS, a previous amendent of KMC 3.10.020 – Control and Confinement of Animals, requires an additional update to 3.05.070 – Citation Procedure, to reflect a correct cross reference that was previously inadvertently missed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.050.070 – Citation procedure, is hereby amended as follows: 3.05.070 Citation [P]Procedure. (a) An officer may serve a summons and complaint in the form of a citation upon a person for violating a provision of this chapter, or a term, condition, or limitation of a license issued hereunder, or a City regulation promulgated under this title. (b) A summons and complaint issued under this section shall contain a notice directing the person to whom it is issued to appear in the Court for the Third Judicial District of the State of Alaska at Kenai, or pay a fine to the City of Kenai. Page 117 Ordinance No. 3180-2021 Page 3 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (c) An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with the officer’s immediate superior who shall forward the citation to the City of Kenai Legal Department. (d) Mandatory court appearance shall be required: (1) For a violation of KMC 3.10.020[(C)](d). (2) For a violation of KMC 3.10.070(g). (3) For all cruelty charges under this code. (4) Upon third citation of all other provisions of KMC Chapter 3.10 in a twelve (12) month period. Section 2. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.10.015 – Minor offense fine schedule, is hereby amended as follows: 13.10.015 Minor [O]Offense [F]Fine [S]Schedule. In accordance with AS 29.25.070(a), citations for the following offenses may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the fine amounts listed below or on the State of Alaska Uniform Minor Offense Tables for Titles 28 and 13 AAC offenses plus the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the City of Kenai. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one (1) of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense. If an offense is not listed on this fine schedule or another fine schedule the defendant must appear in court to answer to the charges. The fine amounts are doubled for motor vehicle or traffic offenses committed in a highway work zone, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b). An offense may not be disposed of without a court appearance if the offense is in connection with a motor vehicle accident that results in a death of a person. MINOR OFFENSE FINE SCHEDULE CITE RULE/OFFENSE FINE OFF-ROAD VEHICLE OPERATION 1 KMC 13.40.020(a) On public or private property without the express or implied consent of the owner, authorized agent, or representative. 100.00 Page 118 Ordinance No. 3180-2021 Page 4 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE/OFFENSE FINE 2 KMC 13.40.020(b) On municipal park lands, except where specifically authorized, municipal playgrounds and school playground areas except by special authorization or in a specially designated area. Notwithstanding, wheelchairs may be operated on park lands and playgrounds by persons with mobility disabilities, subject to the other provisions of this chapter. 100.00 3 KMC 13.40.020(c) On a City or State maintained roadway, sidewalk, or on a path or trail designated for bicycles or pedestrians, unless such travel is necessary to go around an obstruction or hazard. 100.00 4 KMC 13.40.020(d) On any City or State road right-of-way that has been landscaped, seeded, or otherwise improved. 100.00 5 KMC 13.40.020(e) In such a manner as to produce sufficient noise to disturb the peace and quiet of another. 100.00 6 KMC 13.40.020(f) In such a manner as to cause damage to improved property or destruction to the terrain. 100.00 7 KMC 13.40.030 Special stops required 90.00 8 KMC 13.40.050 Helmet required 100.00 9 KMC 13.30.080 Operating vehicle in a prohibited area 100.00 ANIMALS 10 KMC 3.10.010 No person may permit an animal which he owns to interfere with another person’s reasonable right to peace or privacy by making repeated or continued noise. (1st offense) 50.00 11 KMC 3.10.010 No person may permit an animal which he owns to interfere with another person’s reasonable right to peace or privacy by making repeated or continued noise. (2nd offense) 100.00 12 KMC 3.10.010 No person may permit an animal which he owns to interfere with another person’s reasonable right to peace or privacy by making repeated or continued noise. (3rd offense) UP TO 500.00 13 KMC 3.10.020(a) A person who owns a dog shall keep the dog under restraint at all times. (1st offense) 50.00 14 KMC 3.10.020(a) A person who owns a dog shall keep the dog under restraint at all times. (2nd offense) 100.00 15 KMC 3.10.020(a) A person who owns a dog shall keep the dog under restraint at all times. (3rd offense) UP TO 500.00 Page 119 Ordinance No. 3180-2021 Page 5 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE/OFFENSE FINE [12]16 KMC 3.10.020(b) A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (1st offense) 50.00 [13]17 KMC 3.10.020(b) A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (2nd offense) 100.00 18 KMC 3.10.020(b) A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (3rd offense) UP TO 500.00 [14]19 KMC 3.10.020(c) A person who owns a dog or other animal shall use reasonable means, including restraint or confinement, to prevent that dog or other animal from causing harm or injury to another person or animal unless the animal is on the private property of the owner. 100.00 [15]20 KMC 3.10.020(d) A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. (1st offense) 50.00 [16]21 KMC 3.10.020(d) A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. (2nd offense) 100.00 22 KMC 3.10.020(d) A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. (3rd offense) UP TO 500.00 [17]23 KMC 3.10.020(e) A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes; provided, that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. (1st offense) 50.00 Page 120 Ordinance No. 3180-2021 Page 6 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE/OFFENSE FINE [18]24 KMC 3.10.020(e) A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes; provided, that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. (2nd offense) 100.00 25 KMC 3.10.020(e) A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes; provided, that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. (3rd offense) UP TO 500.00 [19]26 KMC 3.10.020(f) No person other than an officer performing his duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. (1st offense) 50.00 [20]27 KMC 3.10.020(f) No person other than an officer performing his duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. (2nd offense) 100.00 28 KMC 3.10.020(f) No person other than an officer performing his duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. (3rd offense) UP TO 500.00 29 KMC 3.10.030 A person who owns an animal shall maintain all structures, pens, and yards where he keeps the animal, and all areas adjacent thereto, in a clean and sanitary condition and free from objectionable odor. (1st offense) 50.00 30 KMC 3.10.030 A person who owns an animal shall maintain all structures, pens, and yards where he keeps the animal, and all areas adjacent thereto, in a clean and sanitary condition and free from objectionable odor. (2nd offense) 100.00 31 KMC 3.10.030 A person who owns an animal shall maintain all structures, pens, and yards where he keeps the animal, and all areas adjacent thereto, in a clean and sanitary condition and free from objectionable odor. (3rd offense) UP TO 500.00 Page 121 Ordinance No. 3180-2021 Page 7 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE/OFFENSE FINE 32 KMC 3.10.050 No person may tie, stake, or otherwise confine an animal by a street, sidewalk, alley, or public place, or in such a manner that the animal may enter a street, alley, or public place, except as permitted under KMC 3.05.080. (1st offense) 50.00 33 KMC 3.10.050 No person may tie, stake, or otherwise confine an animal by a street, sidewalk, alley, or public place, or in such a manner that the animal may enter a street, alley, or public place, except as permitted under KMC 3.05.080. (2nd offense) 100.00 34 KMC 3.10.050 No person may tie, stake, or otherwise confine an animal by a street, sidewalk, alley, or public place, or in such a manner that the animal may enter a street, alley, or public place, except as permitted under KMC 3.05.080. (3rd offense) UP TO 500.00 35 KMC 3.10.070 No person shall keep or maintain livestock (1st offense) 50.00 36 KMC 3.10.070 No person shall keep or maintain livestock (2nd offense) 100.00 KMC 3.10.070 No person shall keep or maintain livestock (3rd offense) UP TO 500.00 [22]37 KMC 3.10.080 Failure to properly dispose of dog waste 50.00 38 KMC 3.15.010 No person may operate a kennel facility without a license (1st offense) 50.00 39 KMC 3.15.010 No person may operate a kennel facility without a license (2nd offense) 100.00 40 KMC 3.15.010 No person may operate a kennel facility without a license (3rd offense) UP TO 500.00 41 KMC 3.15.050(a) Standards for operating facilities (1st offense) 50.00 42 KMC 3.15.050(a) Standards for operating facilities (2nd offense) 100.00 [23]43 KMC 3.15.050(a) Standards for operating facilities (3rd offense) UP TO [500]500.00 [21]44 KMC 3.20.010 Failure to license a dog. (1st offense) [25.00] 50.00 45 KMC 3.20.010 Failure to license a dog (2nd offense) 100.00 46 KMC 3.20.010 Failure to license a dog (3rd offense) UP TO 500.00 PARKING [24]47 KMC 13.10.060 Camping on private property 50.00 Page 122 Ordinance No. 3180-2021 Page 8 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE/OFFENSE FINE [25]48 KMC 13.30.030 Night parking prohibited 50.00 [26]49 KMC 13.30.035 Paid parking 50.00 [27]50 KMC 13.30.095 Parking prohibited on Kenai Avenue 50.00 [28]51 KMC 18.35.010 Overnight camping 50.00 [29]52 AR 6.05.010-030 Parking at airport (1st offense) 25.00 [30]53 AR 6.05.010-030 Parking at airport (2nd offense) 50.00 ABANDONED / JUNK VEHICLES / LITTERING [31]54 KMC 12.20.010 Deposit of refuse (littering) 500.00 [32]55 KMC 12.20.010 No fish, fish carcasses, fish parts or offal may be deposited in dumpsters or receptacles unless marked specifically to allow for fish or fish parts. 150.00 [33]56 KMC 12.25.020 Abandonment of vehicle 100.00 [34]57 KMC 12.25.030 Junk vehicle 100.00 OFFENSES AGAINST PROPERTY [35]58 KMC 13.20.030 Protection of North and South Shore—No physical damage 150.00 [36]59 KMC 13.20.030 Protection of North and South Shore—Physical damage 500.00 [37]60 KMC 13.20.035 Burning of pallets and other wood materials containing metal fasteners 50.00 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of February, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Page 123 Ordinance No. 3180-2021 Page 9 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Introduced: January 20, 2021 Enacted: February 3, 2021 Effective: March 5, 2021 Page 124 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: January 7, 2021 SUBJECT: Ordinance 3180-2021 – Animal Control The purpose of this ordinance is to incorporate existing mandatory court appearances into the fine schedule, establish progressive fines for multiple offenses, provide a citation process for animal control officer to address livestock, and make other housekeeping changes. Removing mandatory appearances for first time violations to progressive fines will provide Animal Control Officers with an opportunity to work with and educate animal owners. The first violation fine will be $50.00, the second violation fine within a rolling calendar year will be $100.00. A third violation within that rolling calendar year would then progress to a mandatory court appearance and up to a $500.00 fine. Cruelty to animal violations will remain a first time mandatory court appearance. The progressive fines will also apply to livestock within city limits. Animal Control having both management and authority to assess fines for violations regarding livestock will provide clarity to the public and make enforcement less burdensome. A non-sterlized dog license is $30.60, costing more than the $25.00 fine for an unlicensed dog. Changing the fine to a progressive fine beginning at $ 50.00 will eliminate the owners paying the fine and in lieu of licensing the dog. The update of KMC 13.10.015 Minor Offense Schedule will incorporate these changes and housekeeping corrections from prior schedule modifications. Your consideration is appreciated. Page 125 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3181-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING KENAI MUNICIPAL CODE 21.10.130- LEASE EXECUTION AND APPROVING A LEASE EXECUTION EXTENSION TO JULY 27, 2021 TO KENAI AVIATION OPERATIONS, LLC FOR LOT 9A, BLOCK 5, GENERAL AVIATION APRON SUBDIVISION NO. 5. WHEREAS, the Kenai City Council approved of a 45-year lease application from Kenai Aviation Operations, LLC for Lot 9A, Block 5, General Aviation Apron Subdivision No. 5 to be used as a hangar with office space; and, WHEREAS, a 60-day extension allowed by Kenai Municipal Code 21.10.130 was granted by the City Manager with good cause of the COVID-19 public health emergency for the execution of a lease agreement; and, WHEREAS, Kenai Aviation Operations, LLC has provided a letter to the City requesting a lease execution extension greater than the 60 days allowed by Kenai Municipal Code 21.10.130 due to the unforeseen circumstances of the COVID-19 public health emergency and its impact on their business plans; and, WHEREAS, the granting of a lease execution extension to Kenai Aviation Operations, LLC needs to be retroactive from January 27, 2021 to July 27, 2021; and, WHEREAS, the project will enhance public safety and quality of life while providing economic development on property leased from the City within the Kenai Municipal Airport Reserve. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That KMC 21.10.130 is hereby waived due to the COVID-19 public health emergency for the exclusive purpose of granting a lease execution extension to Kenai Aviation Operations, LLC retroactively from January 27, 2021 to July 27, 2021, for Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Page 126 Ordinance No. 3181-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of February, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: January 20, 2021 Enacted: February 3, 2021 Effective: March 5, 2021 Page 127 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: January 12, 2021 SUBJECT: Ordinance No. 3181-2021 - Lease Execution Extension to Kenai Aviation Operations, LLC for Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. City Council approved a 45-year lease application from Kenai Aviation Operations, LLC on September 16, 2020 for Lot 9A, Block 5, General Aviation Apron Subdivision No. 5 at 155 North Willow Street to be used as a hangar with office space. Kenai Municipal Code 21.10.130 requires a lease be executed within 60 days of the applicant being mailed a lease form for signature. If the applicant shows good cause, the City Manager may grant an extension not exceeding 60 days for the applicant to execute and return a signed lease. The City Manager found good cause due to the COVID-19 public health emergency to grant a 60-day extension to the execution of the lease for Lot 9A. This extended the deadline for the execution and signature of the lease to January 27, 2021. Kenai Aviation Operations has requested a greater extension for signing the lease than the 60 days allowed by Kenai Municipal Code due to the unforeseen circumstances created by the COVID-19 public health emergency. If City Council approves, Ordinance 3181-2021 would extend the date for Kenai Aviation Operations, LLC to execute the lease and sign the lease agreement with the City retroactively from January 27, 2021 to July 27, 2021. Thank you for your consideration. Attachment: Email dated January 11, 2021 from Kenai Aviation Operations, LLC requesting a lease execution extension. Page 128 From:Jacob Caldwell To:Ryan Foster Subject:Extension for Kenai Aviation Operations Lease Execution Date:Monday, January 11, 2021 3:18:50 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To whom it may concern, We are writing to request an additional extension on our lease application. As we have all experienced, the ability to secure financing for big projects this year has been very difficult due to the uncertainty related to covid 19. Our investors, like many others have chosen to wait to make big commitments for a few more months. So, although we intend to build on the lot, our timeline for financing is indefinite for the near future. We are requesting the longest extension that you feel comfortable giving us. Our hope would be for an answer from our investors before the extension period is up. Thank you for your consideration, Joel Caldwell Owner Kenai Aviation Operations 907-252-4878 Page 129 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: January 14, 2021 SUBJECT: Harbor Commission Appointment On December 31, 2020, terms for certain seats on the Harbor Commission expired. Jeanette Desimone did not seek reappointment which left a vacancy on the Commission. David Peck has applied and Mayor Gabriel has nominated him to fill the vacancy. The term for this seat expires December 31, 2023. Kenai Municipal Code (KMC) 1.90.010 requires Council confirmation of nominations presented by the Mayor. Your consideration regarding confirmation is appreciated. Page 130 From:David Peck via Kenai, Alaska To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Wednesday, January 13, 2021 10:09:08 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Wednesday, January 13, 2021 - 10:08am Submitted by anonymous user: 206.174.127.134 Submitted values are: Date: Wed, 01/13/2021 Name: David Peck Resident of City of Kenai? Yes If resident, how long? About 3 years Residence Address: 705 Sycamore St, Kenai, Ak 99611 Mailing Address: 705 Sycamore St, Kenai, Ak 99611 Home Telephone: 907-953-3248 Home Fax: Business Telephone: Business Fax: Email address: dlp1951@gmail.com May we include your contact information on our website? Yes If not all, what may we include? Employer: Retired Job Title: Retired Name of Spouse: Virginia Reynolds Current Membership Organization: District 30 Republican Committee, Precinct Leader 220 Past organizational memberships: Nevada State Peace Officer's Association Past President & Board member 1990's Committees or commissions in which you are interested: Harbor Commission Why do you want to be involved with this commission or committee? As a resident of Kenai, I'm interested in our Harbor. It is a great resource so I'd like to participate in it's planning. I think there may be many opportunities. What background, experience, or credentials do you possess to bring the board, commission, or committee membership? I currently participate as a Precinct Leader on the District 30 Republican Committee. I previously served as President and a Director of the Nevada State Peace Officer's Association. This was some time ago in the 1990's while I was employed as a Parole & Probation Officer. I worked for Alaska Airlines in Ketchikan & Petersburg 2008-2013 as a ramp agent, cargo agent & station agent. During that time I gained some knowledge of the fishing industry working with companies like Icicle & Trident and their shipping people preparing loads for the jet of fresh & frozen fish, crab & other seafood products. I hope this may help me to serve the Harbor Commission as kit relates to the seafood industry's presence in the harbor. I will be out of town visiting family 01-22-21 thru 02- 04-21 but will be available after that. Thank you, Dave Peck The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/7121 Page 131 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Teea Winger, Council Member DATE: January 11, 2021 SUBJECT: Vaccine Transportation Program Based on comments provided to the City by Kenai from residents that identified a need for transportation to a COVID-19 vaccination provider, I worked with administration on a short-term transportation program for individuals receiving vaccinations at locations in Kenai. This program would not exceed a budget of $5,000 and would enable individuals to receive free transportation to Kenai vaccination providers, once they become available. The purpose of the program would be to provide transportation to individuals receiving vaccinations in Kenai and provide for round-trip rides from a location with a Kenai address to the Kenai vaccination clinic at no cost to the individual. The City would contract with taxi providers and other transportation providers that are willing and able to provide the service, and the providers would invoice the City for the rides on a weekly basis. The program would be offered on a first-come, first-driven basis until the budgeted funds run out. Participants would need to provide proof of vaccination to the provider for rides to and from the vaccination location. Information identifying participants in the program would not be shared with the City. Administration has reached out to the three current Kenai Vehicle-for-Hire taxi cab businesses in Kenai as well as CARTS to determine their willingness to participate in the program. If approved, Administration would reach out to care providers on the Central Peninsula and ensure that information about the program is communicated to these organizations as well as the media. I respectfully request the City Council approve this short-term program that addresses an important transportation need within our community. Your support is appreciated. Page 132 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Vice Mayor Bob Molloy Council Member Henry Knackstedt Council Member Teea Winger DATE: January 13, 2021 SUBJECT: Food Assistance Services Program The City of Kenai awarded a Food Assistance Services grant as part of the City’s CARES Act Relief and Recovery Grant Program. Resolution No. 2020-70 authorized the City Manager to enter into a grant agreement with Kenai Peninsula Food Bank to provide weekly food distributions to individuals and families in need of food in the City of Kenai. The program helped to relieve the strain on City of Kenai households significantly impacted by COVID-19 under a grant awarded by the City in the amount of $77,000. The program ran from September 5 through December 30, 2020. Based on the continuing need for food assistance in Kenai, an amendment to the grant Agreement with the Kenai Peninsula Food Bank in the amount of $50,000 would cover weekly food distributions from February through April and provide at least 200 food bags per week. If approved, Administration would work with the Kenai Peninsula Food Bank to amend the original grant agreement to provide an additional $50,000 of federal CARES Act funding. Funding for this expansion of the program is available under the City’s CARES Act Relief and Recovery Grant Program in the Individual Assistance Grants Department as funds were not expended under a grant awarded for Mental Health Services, which expired December 31. We respectfully request the City Council approve an amendment to the Food Services Assistant program to provide this critical food assistance program in Kenai. Your support is appreciated. Page 133 1 Jamie Heinz Subject:FW: Covid funds and local Kenai needs. From: Jack Castimore <jcastimore@gmail.com> Date: January 10, 2021 at 4:49:36 PM AKST To: Bob Molloy <bmolloy@kenai.city> Subject: Covid funds and local Kenai needs. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Bob Molloy, During the past few months, our local food pantries and the Food Bank have seen enormous requests for help. During a normal week, we would see 35 to 40 families needing food assistance, but during the past months that has increased to 150 plus families each week. (local food pantry) Our local families are suffering and need continued help. With funds that the city has, the Peninsula Food Bank, and the city's housing and utility assistance programs, need to continue for the next few months. Many of OUR local families need our continued help NOW. Please continue funding these vital programs during this pandemic. Thank you. Jack Castimore 283-4609 2775 Watergate Way, Kenai, AK 99611 Page 134 1 Jamie Heinz Subject:FW: Food bank From: Nelson <kevinpeggynelson@aol.com> Date: January 11, 2021 at 9:55:56 AM AKST To: Bob Molloy <bmolloy@kenai.city> Subject: Food bank CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Honorable Mayor and City Council, We are members of the Kenai United Methodist church and very active in the Food Pantry’s program. We have been outside every Monday for the last several months on Mondays handing out the bags of food and produce boxes provided by the Kenai Food Bank. We also provide a cup of warm soup and gloves and hats to people who need them. We see first hand the need for help in this community for food and shelter. We very much appreciated the CARE funds you provided to the Food bank and so do the people of Kenai. Whenever the opportunity arose we told the people receiving the food that The city of Kenai was responsible for providing the funding. We are respectively requesting that the Kenai Food Bank receive additional funding to provide the needed food to the residents of this community Thank you for your consideration. Kevin and Peggy Nelson Sent from my iPhone Page 135 1 Jamie Heinz Subject:FW: COVID-19 Funds From: "kari@alaska.net" <kari@alaska.net> Date: January 11, 2021 at 9:44:11 AM AKST To: Bob Molloy <bmolloy@kenai.city> Subject: COVID‐19 Funds CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Greetings Vice Mayor Molloy, Hi Bob, I wish to commend the Kenai City Council for awarding a grant to the Kenai Peninsula Food Bank to aid in feeding of those affected by COVID-19. I have been a volunteer distributing the bags of food purchased by Greg Meyer, the Food Bank Director, through the Food Pantry of the Kenai United Methodist Church. As funds become available, I urge that this much needed program be continued. Best Wishes, Kari Mohn 712 N. Strawberry Rd. Kenai, AK 99611 907/598-2313 Page 136 1 Jamie Heinz Subject:FW: Community projects From: Milly Perry <millyp@hotmail.com> Date: January 10, 2021 at 6:10:09 PM AKST To: "bgabriel@kenai.city" <bgabriel@kenai.city> Subject: Community projects CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Mr. Gabriel, My name is Milly Perry and I am the assistant director for the Kenai United Methodist Church food pantry. Since September our food pantry has been the distribution point for the CARES grant to supply food for the residents of Kenai. Almost every week we have distributed about 200 bags of shelf staple food. Some weeks the demand has been so great we have filled additional bags from out church supplies. Our group does not believe in allowing anyone to leave without food. We have also been the distribution point for the Farms to Families produce boxes. The Kenai church is committed to helping the community in every way possible. The last two weeks we have provided the food from our pantry because the grant ended. We are prepared to do this tomorrow. However, we can continue this ministry for only a few more weeks before we have to return to our once a month program. I am asking that the city council see fit to continue the food program. Kenai Methodist wants to help as many people as possible. We need your help. Please continue to provide this service. Prayerfully submitted, Milly Perry 478-279-1730 Sent from my iPad Page 137 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: January 13, 2021 SUBJECT: Discussion Item – Development of City of Kenai Business Stimulus / Incentive Programs Administration has worked on developing programs that can help our local business community thrive beginning prior to the COVID-19 pandemic. Recently, our focus has been twofold. First, and most urgently, we have been actively working to recommend programs focused on the immediate needs in our community and that will provide stimulus to our local small businesses hardest hit by the COVID-19 pandemic. It is critical that the City use available funding responsibly to benefit the citizens of Kenai and to offset the ongoing impacts of COVID-19 on the City over the next several years. Secondly, we have been working on programs that will provide incentives for existing businesses to expand and improve their storefront and attract new businesses to locate in Kenai. These programs are focused on the long-term health of our business community and support the efforts of the Council to establish Kenai as the best place in Alaska to own and run a business. At the January 20, 2021 meeting, Council is considering additional funding for the “Shop Here All Year” program. I want to provide Council an update on administration’s ongoing efforts and active work to recommend additional programs for consideration. These programs, although not fully developed, provide a comparable benefit to the City. This update on these developing programs is intended to provide Council with additional information to consider to make the best decisions on how best to utilize the City’s limited funds for the greatest benefit to both our local small businesses and our residents. It is also important to note that these programs are still being developed, and while they will likely provide significant benefit to the City, a full analysis of the needs of the City as we emerge from this pandemic does not exist. It may be that other needs of the City are identified that are higher priority items that will provide greater benefit to the citizens of Kenai. Examples could include capital projects such as the bluff erosion project, bike path construction, street paving and maintenance, ice rink improvements, or modifications to our service model such as improved public safety or senior services. There are two programs that the administration has worked on that address the immediate needs of our business community in response to the COVID-19 pandemic. Page 138 Page 2 of 3 Shop Here All Year in Kenai This program was developed in conjunction with the Kenai Chamber of Commerce and Visitor Center and will be considered by Council on January 20, 2021. Participants who spend $200 at a Kenai business on discretionary items will be eligible to receive a $100 voucher to spend at participating businesses in Kenai. This program was developed to support small businesses in the City that focus on the sale of discretionary items. During periods of economic uncertainty, consumers spend less on discretionary items than normal. Sales tax data clearly shows that grocery stores and the larger box stores have weathered the COVID-19 pandemic well, so the focus on the smaller businesses was warranted. The Second One is On Us This program is currently being developed by the administration. This program would focus primarily on the hospitality, entertainment, and tourism businesses in our community. These are businesses that were significantly impacted by the COVID-19 pandemic through forced shutdowns and restrictions imposed by the State of Alaska mandates and due to the substantial drop in tourism during 2020. The program would piggyback on the City’s marketing campaign, The Best Place to Alaska, by promoting folks to come to Kenai to eat in our restaurants, stay in our hotels, go to the theatre, or to enjoy other types of related activities. Participating Kenai businesses would be eligible to offer a promotion called “The Second One is on Us,” in which the program covers the cost of a second purchased item or service up to an established average value of the first. In the case of a restaurant, the participating business could offer customers to buy one meal, and “the second one is on us.” A hotel could provide customers with a second night of their stay “on us.” The City would provide a voucher for the second item or service by tailoring the program to each type of business with voucher amounts equivalent to the average cost of the first purchased item. There are two programs that the administration is working on that will provide incentives for existing businesses to expand and improve their storefront and attract new businesses to locate in Kenai. Storefront Improvement Program The framework of this program is currently being developed by the administration. This program would provide matching funds for participating City of Kenai businesses that are looking to make physical improvements to building facades. Matching funds would be provided through an application process to businesses to encourage private investment in Kenai to beautify the City. Improved storefronts have a measurable impact on business sales and ability to attract new customers as well as improves community pride, and is an investment that provides benefits to the business and the City’s residents for decades. In addition to the Storefront Improvement Program, the administration has discussed similar proposed programs with a focus on the interior, such as a Tenant Improvement Program. Property Tax Incentive Program This proposed program is under development and is a component of the larger Council-driven initiative to create an environment in the City that attracts new businesses and supports existing businesses that wish to expand. This program would waive property taxes on improvements Page 139 Page 3 of 3 made by existing Kenai businesses to deteriorated buildings for a period of time once the improvements were made, likely five years. For new construction within the City, the program would focus on specific deteriorated zones within the City where development would be encouraged by waiving property tax on newly constructed businesses for a period of time after the construction was completed, again, likely for five years. While the City would not see a reduction in property tax revenues as a result of this program, it would defer revenue growth until the waiver period ended. It would be appropriate to fund this program at some level to offset the lack of revenue growth in case utilization of this program was significant enough to increase expenses to the General Fund. Page 140 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: January 12, 2021 SUBJECT: Fine Arts Center Capital Improvements Current Estimates The purpose of this Memo is to update Council on the current project standings at the Fine Arts Center. As Council may recall Ordinance 3146-2020 appropriated $120,000 at the August 5, 2020 regularly scheduled meeting. Part of that Ordinance required, if project estimates once determined, exceeded $150,000 that the project would be brought back to Council for further consideration. Attached to this memo is the original legislation authorizing the funds as well as the current contractors estimate for specific work requested by the Fine Arts Center to date. Additionally, in coordination with K+A Architecture, City of Kenai Building Official and Fire Marshal, a compiled list of known issues at the facility has now been created and is attached as well for Council’s review and consideration. Pursuant to the provision in Ordinance 3146-2020 staff is bringing this project back to Council for discussion to ensure that Work should continue with the knowledge that the Work they have identified will likely cost in the $170K-$180K range. The additional items identified in the included Master List is anticipated to add another $100K, however this work could be completed over time and as funding may become available. Council’s consideration is respectfully requested. Page 141 JC Sponsored by: Administration K~NAI CITY OF KENAI ORDINANCE NO. 3146-2020 AN ORDINANCE OF THE COUNCIL OF THE CITY O F KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND, LIBRARY IMPROVEMENT CAPITAL PROJECT FUND, VISITOR CENTER IMPROVEMENT CAPITAL PROJECT FUND, MUNICIPAL ROADWAY IMPROVEMENTS CAPITAL PROJECT FUND , KENAI RECREATION CENTER IMPROVEMENTS CAPITAL PROJECT FUND, INFORMATION TECHNOLOGY IMPROVEMENTS CAPITAL PROJECT FUND , KENAI FINE ARTS CENTER CAPITAL PROJECT FUND , AND CITY HALL IMPROVEMENTS CAPITAL PROJECT FUND TO FUND CAPITAL PROJECTS DEFERRED DURING THE FY2021 BUDGET PROCESS . WHEREAS, Uncertainty caused by the COVID-19 public health emergency resulted in deferment of $941 ,560 in planned capital projects to FY2022; and, WHEREAS, by Ordinance 3137-2020 Council appropriated $216,560 for the Bridge Access Road bike path leaving $725,000 in project deferments; and, WHEREAS, the administration has identified Bryson Street Storm Drain Repairs as a project in need of immediate funding to prevent future damage and increased repair costs; and, WHEREAS, in addition to the projects deferred to FY2022, the adm inistration recommends funding of the FY2023 project, Willow Street Repairs, in FY2021 ; and, WHEREAS , greater knowledge of the impacts of the COVID-19 public health emergency on the City's finances have led to the recommendation to fund these projects at this time; and , WHEREAS, an expenditure of funds on these needed capital projects will create jobs and provide economic support in this critical time of recovery from the COVID-19 public health emergency; and , WHEREAS, completion of these capital projects is in the best interest of the City and its residents by maintaining the infrastructure needed to provide City services. NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Section 1. That the estimated revenues and appropriations be increased as follows : General Fund : Increase Estimated Revenues - Appropriation of Fund Ba lance Increase Appropriations - $1 .565.000 Page 142 Ordinance No. 3146-2020 Page 2 of 4 Transfer to Other Funds $1.565.000 Section 2. Th at the estimated revenues and appropriations be increased as fallows: Library Improve ment Capital Project Fund: Increase Estimated Revenues - Transfer from General Fund Increase Appropriations - HVAC Control Upgrade -Construction $58.000 $58.000 Section 3. Th.at the estimated revenues and appropriations be increased as follows: Visitor Center Improvement Cap ital Project Fund: Increase Estimated Revenues - Transfer from General Fund Increase Appropriations - HVAC Control Upgrade -Construct ion Roof Replacement -Construction $1_82~ $ 62,000 120,000 $182.000 Section 4. That the estimated revenues and appropriations be increased as follows: Municipal Roadway Improvement Capital Project Fund: Increase Estimated Revenues - Transfer from General Fund Increase Appropriations - First Street Repairs -Const ruction Inlet Wood Storm Drain Improvements -Construction Bryson Street Storm Drain Outfall Repair -Construction W illow Street Repaving -Construct ion $,900.000 $ 60,000 120,000 300,000 420,000 $900.000 Section 5. That the estimated revenues and appropriations be increased as follows: Kenai Recreation Center Improvement Capital Project Fund: Increase Estimated Revenues - Transfer from General Fund Increase Appropriations - Water Heater Replacement -Construction $60.000 Section 6. That the estimated revenues and appropriations be increased as follows: Information Technology Capital Project Fund: Increase Estimated Revenues - Transfer from General Fund Increase Appropriations - New Text Underlined; [DELETED TEXT BRACKETED] $35 .000 Page 143 Ordinance No. 3146-2020 Page 3 of 4 IT Master Planning -Profess ional Services $35.000 Section 7. That the estimated revenues and appropriations be increased as follows: City Hall Improvement Capita l Project Fund: Increase Estimated Revenues - Transfer from General Fund Increase Appropriations - Air Handler Replacement -Construction $210.000 $210.000 Section 8. That the estimated revenues and appropriations be increased as follows: Kenai Fine Arts Center Improvement Capital Project Fund: Increase Estimated Revenues - Transfer from General Fund Increase Appropriations - Construction $120.000 $120.000 Section 9. That the funding for the Kenai Fine Arts Center Improvement be restricted as follows: 1) If the engineer's estimate for the project exceeds $150,000, the appropriation should be brought back to the City Council for re-consideration . 2) The $120,000 appropriation must be committed or encumbered by November 10, 2021. 3) The $120,000 may on ly be used for construction at the Kenai Fine Arts Center. Section 10. Severability: That if any part or provision of this ordinance or app lication thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be co nfined 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 Counci l hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of August, 2020. New Text Underlined'; [DELETED TEXT BRACKETED] Page 144 Ordinance No. 3146-2020 Page 4 of 4 Approved by Finance: ;!LL_ New Text Underlined : [DELETED TEXT BRACKETED) Introduced: Ju ly 15, 2020 Enacted: August 5, 2020 Effect ive: August 5, 2020 Page 145 Cily of Kenai I 210 l=idalgo Ave, Kenai, A K 99611 -779 4 1907.283.7535 I www.kenai .cily MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Gabriel and Council Members Paul Ostrander, City Manager Terry Eubank , Finance Director July 9 , 2020 Ordinance No. 3146-2020 The purpose of this memo is to recommend the enactment of Ordinance 3146-2020. If enacted, Ordinance 3146-2020 will accomplish three things: 1. Appropriation of capital projects deferred to FY2021 because of financial uncertainty caused by the COVID-19 public health emergency. 2. Appropriate funds for a new project to design and construct repairs to Bryson Street, where a storm drain outfall is failing and resulting in significant erosion and damage to the roadway . 3. Appropriat e the first priority project slated for FY2023 , previously projected for FY2022 but deferred because of financial uncertainty caused by the COVID-19 public health emergency. In total Ordinance 3146-2020 , if enacted , will appropriate $1,445,000 of capita l projects including: 1. First Street Repairs 2. Library HVAC Control Upgrade 3 . Visitor Center HVAC Control Upgrade 4 . Inlet Woods Storm Drain Improvements 5 . Kenai Recreation Center Water Heater Replacement 6. Completion of an IT Master Plan 7. City Hall Air Handler Replacement 8. Visitor Center Roof Replacement 9. Bryson St. Repairs 10. Willow Street Resurfacing See the attached project descriptions for additional information. $ 60,000 58,000 62,000 120,000 60,000 35,000 210,000 120,000 300 ,000 420.000 $1.445.000 Funding of these, projects will ensure the City's infrastructure is maintained and will prov ide economic opportunity for local contractors as the City and its bus inesses recover from the Page 146 economic impacts of the COVID-19 publ ic health emergency. Your support is respectfully requested . FIRST STREE T REPAIRS 03 Department: Public Works Total Project Cost: $60,000 Project Ph ased: No Project Type: Infrastructure Funding Source(s}: General Fund Potential Grant Id entified: State Capital Project Submission Operating Budget Impact: Minimal or No Impact P.t::::#ln YEAR '20'21 '20'2'2 '20'23 I '20'24 C OST: $60,000 Details: '20'25 This project removes and rep l aces approximately 250 feet of damaged roadway and curb on First Street. LIBRARY DOC CONTROLS Depa rtment: Public Works T otal Project Cost: $58,000 Project P hased: No Project T ype: Building Improvement Funding Source(s): General Fund Potential Grant I dentified: None Operating Budget Impac t : Slight Decrease .. '20'21 ' '20'2'2 COST: $58,000 D etail s: 05 '20'23 '20'24 '202:5 This project rep laces older con trol components with new, as well as recomm i ssions existing heating, ventilation, and air conditioning (HVAC} controls system. The Li bra ry had major improvements compl eted approximately 10 years ago, and older areas of t he library continue to strugg l e with maintaining set-poi nt temperatures. Page 2 of 6 JC The City of Kenai I www.kenai .city Page 147 VISITOR CENTER DOC CONTROLS Department: Public Works T oto l Project Cost: $62,000 Project Phased: No Project Type: Building Improvement Funding Source(s): General Fund Potential Grant I dentified: None Operating Budget Impact: Slight Decrease .. I 2021 I COST: $62,000 Details: '2022 06 2023 2024 2025 The Kenai Visitor and Cultural Center's mechanical systems and existing Direct Digital Control (DDC) systems are in need of major maintenance and recommissioning. Several areas of the facility are not operating correctly. This project will identify the components which are failing and provide for their replacements. INLET WOODS STORM WATER IMPROVEMENTS Deportment: Public Works Total Project Cost: $120,000 Project Phased: No Project Type: I nfrastructure Funding Source(s): General Fund Potential Grant Identified: None Operating Budget Impact: Slight Decrease .. 2021 2022 COST: $1!20,000 Details: 2023 2024 '2025 This project will improve catch basin conveyance and capacity to resolve several areas within the Inlet Woods Subdivision that experience flooding of t he roadways due to insufficient storm water infrastructure. Page 3 of 6 The City of Kenai I www.kenai.city 07 Page 148 REC CENTER WATER HEATER REPLACEMENTS Deportment: Public Works T otol Project Cost: $60,000 Project Phased: No Project Type: Building Improvement Funding Source(s): General Fund Potenti al Grant Identified: None Operating Budget Impact: Minimal or No Impact .. 2021 '2022 COST: $60.000 D etails: 2023 2024 I 2025 09 This project will remove and replace the existing water heaters with new comparably-sized equ i pment. The Kenai Recreation Center water heaters ore beyond their useful life and hove been requiring extensive maintenance to remain operational. IT MASTER PLANNING Department: Finance -Information Technology Total Project Cost: $35,000 Project Phased: No Project Type: Technology Funding Source(s): General Fund Potential Grant Identified: None Operating Budget Impact: Slight Decrease .. 2021 2022 '2023 COST: $35,000 Details: 17 2024 '20'25 This project analyzes the City's needs for updating existing or new computer and network infrastructure as well as the need to update or acqu ire new software to increase the efficiency, transparency and effectiveness of City departments in performing their doily tasks and activities. Page 4 of6 The City of Kenai I www.kenai.city Page 149 CITY HALL Al R HANDLER REPLACEMENT Depa r tment: Public Wor ks Tota l Pro ject Cost: $210,000 Pro j ect Pha se d : No Project Type: Bu ild i ng Improvement Funding Sour ce(s}: General Fund Potential Grant Identified: None Operating Budget Impact: Slight Decrease .. 2021 2022 COST: $210,000 Details: 2023 2024 18 2025 This project replaces t he existing roof top unit ai r handler at City Hall, which was installed in 1980. The Facility is approximately 9,588 square feet, and this project includes Direct Digital Controls (DDC} for operational efficiency. VISITOR CENTER ROOF REPLACEMENT Department: Public Works Total Project Cost: $120,000 Project Phased: No Project Type: Building Improvement Funding Source(s}: Genera l Fund Potential Grant Identified: None Operating Budget Impact: Minimal or No Impact .. 2021 2022 2023 2024 I 2025 COST: $120,000 Details: 20 This project removes and replaces the roof at the Kenai Visitor and Cultura l Center and includes new ice and water shield. The existing Asphalt Sh i ngle Roof hos reached the end of its useful life. leaks are occurri ng more often over the last few years. The existing roof i s approximat ely 30 years old. Page 5 of 6 )(? The City of Kenai I www.kenai.city Page 150 BRYSON STREET STORM DRAIN REPAIR Depa r tment: Public Works Total Project Cost: $300,000 Project Phased: No Project Type: I nfrostructure Funding Source(s): General fund Potential Grant Identified: None Operating Budget Impact: M in imal or No Impact Ill '20'21 I '20'2'2 COST: $300,000 Details: '20'23 04 '20'24 2025 This p r oject will design and construct on existing stormw ote r pipe t ha t conveys stormwoter from Redoubt Avenue to the east out to Cook Inlet along B ryson Avenue. T he exi sting pipe has failed and continues to erode section by se ction into the ravine t hat has b een created by the runoff. This project will provide new piping down to a new riprap lined outfall on the beach, backfill of eroded materials w ith sa nd to restore historical grades. WILLOW STREET REPAIRS Department: Public Works T otal Project Cost: $420,000 Project Phased: No Project Type: Infrastructure Funding Source(s): G e n eral Fund Potential Grant Identified: None Operating Budget Impact: Slight Decrease Ill ' '20'2'2 '20'21 COST: $420,000 Details: '20'23 '20'24 '2025 T his project includes milling and repaving of asphal t roadway approximately 40 fee t in width and 1,950 feet in length between Main Street and Airport Way. Page 6 of 6 JC The City of Kenai I www.kenai .city 21 Page 151 City of Kenai I 210 l=ida lgo Ave , Kenai . AK 99611 -77941907.283.7535 I www.kenai.ci!y MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Tim Navarre and Robert Peterkin , Council Members DATE: July 29, 2020 SUBJECT: Ordinance No. 3146-2020 -FY 2021 Capital Improvement projects amendment to add Kenai Fine Arts Center project The Fine Arts Center has been pursuing upgrades to the City owned building that they occupy for the last several years including upgrading the bathroom , increasing the functionality of the back portion of the building, and new windows and lighting . Design work is nea ri ng completion. Although an estimate has not been conducted as of yet , it is anticipated that the cost of construction will be between $100,000 and $150 ,000 . This amendment would commit $100 ,000 in City funds to the project with the intent of the Kenai Fine Arts Center being responsible for the remainder of the cost. Our motion is to Amend Ordinance No. 3146-2020 by adding a new Section 8 as follows : Section 8. That the estimated revenues and appropriations be increased as follows : Kenai Fine Arts Center Improvement Capital Project Fund : Increase Estimated Revenues - Transfer from General Fund Increase Appropriations - Construction Your consideration is appreciated . $100,000 $100,000 Page 152 Cily of K•enai I 210 l=idalgo Ave, Kenai, AK 99611-779.4 I 907.283.7535 I www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Gabriel and Council Members Henry Knackstedt, City Council Member August4,2020 Ordinance No. 3146-2020 -FY2021 Capital Improvement Projects Amendment to Kenai Fine Arts Center Project funding. I am in support of Council Member Navarre's amendment adding City funds to support the improvements at the City-owned Fine Arts Center bui lding, but I have some concerns that I bel ieve warrant placing some reasonable restrictions on how the money is utilized . Although the design of the project is nearing completion, an engineer's es ti mate has not been provided to date. Completed engineering and a cost estimate would clarify the scope of work and could indicate that the cost of the project exceeds the current rough estimate of $100,000 to $150,000, potentially by a significant amount. Additionally, I be lieve that the money should be utilized in a reasonable timeframe, and it should be clear that it should only be used for construction costs at the Kenai Fine Arts Center. My motion will be to add a new Section 9 as follows : Section 9. follows: That the funding for the Kenai Fine Arts Center Improvement be restricted as 1) If the engineer's estimate for the project exceeds $150,000, the appropriation should be brought back to the City Council for re-consideration. 2) The $100, 000 appropriation must be committed or encumbered by November 10, 2021. 3) The $100,000 may only be used for construction at the Kenai Fine Arts Center. Later sections in t he ordinance will be renumbered accordingly. Your consideration is appreciated. Page 153 11-17-20 Kenai Fine Arts Center Workshop Upgrades To Whom It May Concern: This proposal is for workshop upgrades at the Kenai Fine Arts Center, work is based off plans by K+A Design Studio dated August 3rd 2020. Due to the age of the structure, unknown mechanical and electrical issues, and what we have seen during a pre-proposal walk through I suggest a phased approach to pricing and completing the work. We offer the following approach to phasing of this project. Phase 1-Demolition of suspended ceiling, abatement of all gypsum wall board within the scope of work area, demolition of shelf wall (note 2 Demo plans), Demolition of flooring in existing bathroom and future staff bathroom, relocate electrical panel, Removal and abatement of flooring and mastics, Inspection of studs and insulation for mold, remediation of mold if found. Phase 2-Renovation of mechanical and electrical systems to clean up the ceiling area to be exposed truss, Renovate mechanical and electrical systems in new bathrooms. Phase 3-Removal of CMU wall and installation of new beam per plans, infill of existing bathroom door, Installation of new GWB throughout scope of work area, Painting of exposed trusses/GWB, Installation of new plumbing and electrical fixtures in bathrooms, Installation of new light fixtures per plans, Installation of new exterior window on north wall, Slope flooring between gallery sales room and hallway, grind and seal concrete floors throughout scope of work area. Firm quote pricing can be provided for phases 1 & 3, Phase 2 can be firm quoted after phase 1 or done on a time and material basis due to the unknowns about the building. Insulation value of roof will have to be determined and sufficient before exposed trusses can be utilized. Prices will be based on fixtures as chosen by the contractor, submittals of these fixtures will be provided to the owner for approval. Disapproval of fixtures will change pricing. Cost- Phase 1 General-$15,547.00 Mechanical-$3,720.25 Page 154 Electrical-$18,860.00 Abatement-$43,700.00 Total-$81,827.25 Phase 2-TBD Phase 3 General-$49,044.40 Mechanical-$6,422.75 Electrical-$16,128.75 Total-$71,595.90 Page 155 GENERAL NOTES PROJECT TEAMABBREVIATIONS LIST SYMBOLS MATERIALS DRAWING INDEX B STATE MAP STRUCTURAL LOCAL MAP DESIGN DATA VICINITY MAP ARCHITECTURAL KENAI FINE ARTS CENTER KENAI, ALASKA CONSTRUCTION DOCUMENTS AUGUST 3, 2020 T1.1 Drawn: Checked: Date: Project: File Name: Sheet: Revisions: of Sheet Title:KENAI FINE ARTS CENTERWORKSHOP UPGRADESKENAI, ALASKACONSTRUCTION DOCUMENTSWORKSHOP UPGRADES Page 156 WORKSPACE STORAGE JAIL STORAGE UNISEX STORAGE/UTILITY GALLERY/ SALES UTILITY COLD STORAGE UTILITY HALLWAY STORAGE 1 DEMO FLOOR PLAN REF. NS E WORKSPACE JAIL STAFF BATHROOM UTILITY GALLERY/ SALES COLD STORAGE UTILITY STORAGE UNISEX HALLWAY 2 NEW FLOOR PLAN W REF. NS E W ALL CONSTRUCTION ACTIVITIES SHALL BE COORDINATED WITH THE OWNER TO MINIMIZE DISRUPTION OF THE NORMAL DAILY FUNCTIONING OF THE OWNER'S OCCUPIED AREAS. B. GENERAL DEMO FLOOR PLAN NOTES GENERAL NEW FLOOR PLAN NOTES NEW FLOOR PLAN - KEY NOTES DEMO FLOOR PLAN - KEY NOTES REFERENCE PLAN REF. NS E W A1.1 Drawn: Checked: Date: Project: File Name: Sheet: Revisions: of Sheet Title:KENAI FINE ARTS CENTERWORKSHOP UPGRADESKENAI, ALASKACONSTRUCTION DOCUMENTSPage 157 KITCHEN WORKSPACE STORAGE JAIL STORAGE UNISEX STORAGE/UTILITY GALLERY/ SALES UTILITY COLD STORAGE UTILITY HALLWAY STORAGE 1 DEMO REFLECTED CEILING PLAN 2 NEW REFLECTED CEILING PLAN CEILING PLAN LEGEND REF. NS E W REF. NS E W GENERAL CEILING PLAN NOTES WORKSPACE JAIL STAFF BATHROOM UTILITY GALLERY/ SALES COLD STORAGE UTILITY STORAGE UNISEX HALLWAY NEW CEILING PLAN - KEY NOTESDEMO CEILING PLAN - KEY NOTES REFERENCE PLAN REF. NS E W A1.2 Drawn: Checked: Date: Project: File Name: Sheet: Revisions: of Sheet Title:KENAI FINE ARTS CENTERWORKSHOP UPGRADESKENAI, ALASKACONSTRUCTION DOCUMENTSPage 158 INTERIOR DOOR TYPESFRAME TYPES DOOR SCHEDULE FINISH NOTES ROOM FINISH SCHEDULE DOOR NOTES A2.1 Drawn: Checked: Date: Project: File Name: Sheet: Revisions: of Sheet Title:KENAI FINE ARTS CENTERWORKSHOP UPGRADESKENAI, ALASKACONSTRUCTION DOCUMENTSPage 159 NOTES & SPECIFICATIONS GENERAL ALL MA1ERIAl..S AND CONSTRUCTION SHAU. CONF'ORM TO REQUIREMENTS OF lHE INTERNATIONAL CODE COUNCIL IN1ERNATIONAL BUILDING CODE (IBC) 2D18 EDmON. WHERE EXPLICIT DETAILS ARE NOT SHOWN OR DESCRIBED, THE MINIMUM REQUIREMENTS OF lHE ABOVE CODE SHALL APPLY. UNLESS OTHERWISE NOTED, ALL CODES, STANDARDS AND 01HER PUBLICATIONS CITED SHAU. REFER TO lHE LATEST EDITION. LOCATION THESE STRUCTURAL DRAWINGS ARE IN1ENDED f'OR lHE CONSTRUCTION OF ( 1) BUILDING REMODEL IN KENAI, ALASKA DESIGN LOADS IN ADDmON TO DEAD LOADS, lHE f'OLLOWING UVE LOADS WERE USED f'OR DESIGN: ROOF:GROUND SNOW LOAD RAT-ROOF SNOW LOAD SNOW EXPOSURE FACTOR SNOW I.DAD IMPORT FACTOR lHERMAL FACTOR P9 • 70 PSF Pf = 50 PSF Ce = 1.0 la = 1.0 ct = 1.0 WIND: ~IC WIND SPEED (3 SEC GUST} V = 140 MPH EXPOSURE B EXP = 1.21 WINO I.DAD IMPORT FACTOR lw = 1.0 METHOD 1 SIMPLIFIED PROCEDURE USED f'OR DESIGN COMP & CLADDING WIND LOADS TO BE USED FOR DESIGN PER ASCE 7-10. SEISMIC: SEISMIC IMPORTANCE FACTOR le • 1.0 SPECT. RESPONSE ACCEL Sa•150X, S1 •80X SITE CLASS D SPECTRAL RESPONSE COEFF. Sde • 1.00 SEISMIC DESIGN CA1EGORY: D SIMPLIFIED DESIGN PROCEDURE PER ASCE 7-10 12-14 USED f'OR DESIGN. LATERAL LOADS ARE RESISTED BY MASONRY SHEAR WALLS AND FLEXIBLE WOOD DIAPHRAGMS. THIS DESIGN ASSUMES 1HAT lHE STRUCTURE IS TO BE HEATED AT ALL TIMES DURING WINTER SEASON. CONCRETE MIXING, SELECTION OF MATERIALS, AND PLACING OF ALL CONCRETE SHALL CONF'ORM TO lHE REQUIREMENTS OF lHE IBC, CHAPTER 19. AN AIR ENTRAINING AGENT SHALL BE USED IN ALL CONCREIE MIXES FOR CONCRETE WORK WHICH IS TO BE EXPOSED TO EARTH OR WEAlHER. AIR ENTRAINMENT SHALL BE 5X +/-1X BY VOWME. AU. CONCRETE SHAl..l. HAVE A MINIMUM 28 DAY COMPRESSIVE STRENGTH (F'C) = 3000 P.S.I. EXCEPT CONCRETE GROUT f'OR MASONRY WALLS WHICH SHALL HAVE A MINIMUM 28 DAY COMPRESSIVE STRENGTH (F'c)= 2000 P .S.I. CONCREIE FOR INTERIOR AND EXTERIOR SLABS SHALL CONTAIN 0.1% BY VOWME OF 'GENESIS FIBER' COLLA1ED FIBRILLA1ED POLYPROPYLENE FIBER. lHE FIBER SHAU. BE THOROUGHLY MIXED INTO lHE CONCREIE IN TRANSIT TO lHE SITE, IN ACCORDANCE WllH lHE FIBER MANUFACTURER'S RECOMMENDATIONS. REINFORCING STEEL UNLESS NOTED OTHERWISE. AU. REINFORCING STEEL SHALL BE DEF'ORMED BARS CONFORMING TO IBC CHAPTER 19. REINF'ORCING BARS SHALL BE GRADE 6D. REINF'ORCING STEEL SHALL BE SECURELY TIED IN PLACE WllH NO. 16 DOUBLE ANNEALED IRON WIRE. REINF'ORCING IN F'OOTINGS SHAU. BE SUPPORTED ON WELL CURED CONCREIE BLOCKING OR APPROVED METAL CHAIRS. REINFORCING BARS NO. 6 AND SMALLER SHAU. BE SPLICED BY A LAP OF AT LEA.ST (44) BAR DIAMEIERS. REINF'ORCING BARS NO. 7 OR LARGER SHALL BE SPLICED BY A LAP OF AT LEA.ST (55) BAR DIAMEIERS. A MINIMUM LAP FOR ALL BARS SHAl..l. BE 24•. CONCRETE COVER OVER REINFORCING SHALL BE 3• FOR CONCRETE CAST AGAINST EARTH. CONCRETE COVER FOR FORMED CONCRETE lHAT WILL BE EXPOSED TO WEATHER OR EARTH SHALL BE 2• MINIMUM f'OR NO. 8 lHROUGH NO. 18 BARS AND 1 1/2• MINIMUM FOR NO. 5 BARS AND SMALLER, INCUJDING WELDED WIRE FABRIC (WWF'). OTHER REINFORCEMENT SHALL HAVE A MINIMUM COVERAGE OF NOT LESS THAN 3/ 4 ". ANCHOR BOLTS AND CONCRETE EXPANSION ANCHORS ANCHOR BOLTS, lHREADEO RODS AND CONCREIE EXPANSION ANCHORS SHAU. CONFORM TO ASTM F1554 GRADE 36. CONCRETE EXPANSION ANCHORS (KB) SHALL BE .... ILTI KWll< BOLT II" CONCRETE EXPANSION ANCHORS OR STRUCnJRAL EQUIVALENT, INSTALLED IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS. ANCHOR BOLTS SHALL BE PROVIDED WITH HEX HEAD NUTS AND EMBEDDED 3"x3"x1/4" STEEL PLA1ES. WHERE BOLTS OR RODS ARE USED WllH CEDAR SILL PLATES, BOLTS, NUTS AND WASHERS SHAU. BE GALVANIZED. ALL FASTENERS IN CONTACT WITH PRESSURE TREATED WOOD SHALL BE HOT DIPPED CALVANIZED OR SHALL BE STAINLESS STEEL ADHESIVE ANCHORING SYSTEM: THREADED ROD ANCHORS ANO REINFORCING BAR DOWELS SHALL BE SET IN HILTI HIT HY 200 ADHESIVE OR ENGINEER APPROVED SUBSTITUTION. ADHESIVE ANCHORS SHAU. BE INSTALLED IN ACCORDANCE W11H lHE ADHESIVE MANUFACTURER'S RECOMMENDED INSTALLATION PROCEDURES. MINIMUM EMBEDMENT IN CONCRETE f'OR ALL ANCHORS SHALL BE 6-3/4• FOR %• DIAMETER BOLTS UNLESS N01ED OTHERWISE. SAWN LUMBER AND TIMBER LUMBER SHALL CONF'ORM TO THE CLASSIFICATION, DEFINmON, AND GRADING REQUIREMENTS OF IBC CHAPTER 23 Wl1H ALLOWABLE UNIT STRESSES AS GIVEN IN THE AMERICAN f'OREST & PAPER ASSOCIATION 'NATIONAL DESIGN SPECIFICATION 2012 SUPPLEMENr, TABLE 4A. WMBER SHAU. BE GRADE MMKED BY lHE WEST COAST LUMBER INSPECTION BUREAU /WESTERN WOOD PRODUCTS ASSOCIATION. 11EM 4 X AND LARGER BEARING WALL PLA1ES BEARING WALL STUDS ALL OlHER WMBER SPECIES DOUGLAS FIR f2 HEM FIR f2 HEM FIR f2 HEM FIR f2 ALL LUMBER SHAl..l. BE FASTENED IN CONFORMANCE WITH TABLE 2304.9.1 OF lHE IBC, UNLESS N01ED OTHERWISE. FASTENERS SHALL BE GALVANIZED UNLESS OlHERWISE NOTED. FASTEN ALL JOIST BLOCKING TO PLATES WITH (4) 18D MINIMUM AND FASTEN ALL WAU. PLATES TO WOOD FLOORS WllH 18D AT s• ON CEN1ER TYPICAL. DOUBLE TOP PLATES SHALL OVERLAP 1 O' -o• MINIMUM AND SHALL BE SPLICED TOGETHER Wl1H 18D NAILS AT e• ON CENTER MINIMUM UNLESS N01ED OTHERWISE. PROVIDE JOIST/BEAM HANGERS WITH I.DAD CAPACl1Y EQUAL TO SUPPORTED MEMBER SHEAR LOAD CAPACl1Y FOR ALL MEMBERS NOT OTHERWISE PROVIDED WllH DIRECT BEARING SUPPORT. PROVIDE A MINIMUM OF (2) KING STUDS AND (2) CRIPPLE STUDS FOR ALL HEADERS. PROVIDE SOLID BLOCKING SUPPORT FOR HEADERS CONTINUOUS DOWN TO F'OUNDATIONS UNDER ALL BEAMS AND HEADERS. MINIMUM HEADER OVER OPENINGS SHALL BE 4X10 DFf2 UNLESS NOTED OTHERWISE. BOLT HEADS AND NUTS BEARING AGAINST WOOD TO BE PROVIDED WllH FLAT WASHERS. SOLID BLOCKING OF NOT LESS 1HAN 2• NOMINAL lHICKNESS SHAU. BE PROVIDED AT ENDS ANO AT ALL SUPPORTS OF JOISTS ANO RAFTERS, UNLESS SHOWN OlHERWISE. BEAM AND JOIST HANGERS SHALL HAVE A CAPACITY EQUAL TO lHE SHEAR STRENGTH OF THE BEAM OR JOIST WHICH IT IS SUPPORTING, UNLESS NOTED OlHERWISE. ALL METAL FRAMING ANCHORS ANO HANGERS SHOWN ON DRAWINGS SHAU. BE "STRONG TIE CONNECTORS" AS MANUFACTURED BY SIMPSON COMPANY OR APPROVED EQUAL. ALL NAILS AHD SIMes<>N OONNECJORS IN CONTACT WITH PRESSURE lRE:AJEP WOOD SHAU. BE rxee: 30+ OR rxee: 316 SINN! fS5 STEEl. STRUCTURAL STEEL AND CONNECTORS STRUCTURAL STEEL SHALL CONFORM TO IBC CHAPTER 22, FOR ASTM SPECIFICATION A-36, FY = 36 l<.S.I. EXCEPT WHERE NOTED OTHERWISE. STEEL W-SHAPES SHALL CONF'ORM TO ASTM A992 FY = 5D KSI. STEEL TUBING (HSS) SHALL CONF'ORM TO ASTM A500, GRADE B, FY = 46 K.S.I. DESIGN, FABRICATION AND ERECTION SHAU. BE IN ACCORDANCE WllH THE IBC CHAPTER 22, DMSION IX, ALLOWABLE STRESS DESIGN. MACHINE BOLTS (MB) SHAl..l. CONF'ORM TO ASTM 307 UNLESS NOTED OTHERWISE AND SHAl..l. BE PROVIDED Wl1H STANDARD HEX HEAD NUTS, AND WASHERS CONF'ORMING TO TABLE 2. TABLE 2 BOLT NUT WASHER ~7 A583 GR. A F436 TYPE 1 A325 A583 GR. C F438 TYPE 1 A490 A563 GR. DH F436 TYPE 1 TO ASTM A5153, GRADE A AND HARDENED STEEL CIRCULAR WASHERS CONF'ORMING TO ASTM F436. AU. WELDING SHAU. CONFORM TO AMERICAN WELDING SOCIETY D1 .1. WELD AU. FAYING SURFACES Wl1H CONTINUOUS 3/18• FILLET WELD (MINIMUM) UNLESS OTHERWISE NOTED. ELECTRODES SHALL BE A.w.s. E-70. ANCHOR ALL COLUMNS Wl1H MINIMUM (4) 3/4. x 10" ANCHOR BOLTS UNLESS SHOWN OTHERWISE. PROVIDE ADEQUATE LA1ERAL BRACING FOR STRUCnJRE DURING CONSTRUCTION. 0:::: w 1--z w u (/) 1--<( 0:::: ~ <( (/) w<: z_J -<( LL. . <( <( zz WW ~~ C) ~ z 8\ -~ z"' Z!i <( ~ ...J ;f a.. w " Rm81ol'l9: (/) I-z w :ii :::J u 0 0 z 0 I-u :::J 0:::: I- (/) z 0 u -MJC. 3, 2020 -: CAM c..-: M.ID ....., 2020038 ··-lhMtTltle: NOIES .t SPECFICATIONS 81 "' 2 Page 160 • ._ __ -.;r==::::::!::=========t=:!.li;::~~==::i:::::e::=====!I I ______ _J OVERALL R.OOR PLAN r ~ .....,.,.....,_SCAL£ __ :_J_/_J_2"-.-, .--o-"-(22ll_J_4-)/-J/_64_"_-,-._-o-.-(-1 ,-x-17_)_ ~ I I ~ D D I \ I -· .. -...... --. •''" ... , . II . --------[J -...:-_~ .. -LOAD IEMllG WOOD WAL L TO BE DEMO'O O; .. . EXISTING a.-c Mu · EXISilNG 4112: r\ WALL TO BE ~MO'D ---...... --~- BEAM tO .REMAIN II "' I-r \ " II ' 'LJ I\ \_EXISTIN'u 8" CMU WALL, TVP' EXISTING R.OOR PLAN 1~ ................. SCAl.£--=-,-1-4·-=-, ·--o-·_c_u._J-.-,,-,/8-.. =-,.-_-o .. -<-,-11c-m--v ) lllRIH .............. -~-;:-.-,-~-~-?°-._-o•R_<_~-~-.~-, N_1/8-.. =-,·--o-·-c1_11c_17) __ ~ 'SIMPSON' CC048 COLUMN CAP W/141 W• BOLTS EXISTING 2x8 ROOF JOIST, TYP. 0 0 0 BEAM CONNECTION NEW 'SIMPSON' HGAKT 0 EACH JOIST OVER NEW BEAM, TYP. NEW 41112 iEAM 'SIMPSON' ECC048 COLUMN CAP W/121 Wf BOLTS SCACE! 1'-f/2=1,'.-o" (22ic34)/ J/4"'=1'-o,"' (1'1!(17) 0 0 4" 121 Wf ADHESIVE ANCHORS. EMBED ~ 0 NEW 1'4"it3"a30" 8" STEEL STRAP EXISTING-' CMU WALL NEW HSS4it2itl'4 COLUMN 14•, TYP. W•idO" J-BOLT, TYP. W•itlO" J-BOLT, TYP. 12" LONG W• DOWEL 0 12" O/C, MIN. 121 PER SIDE. EMBED 6" INTO EXISTING SLAB, TYP. EXISTINO CONC. II II II II SLAB, TYP. ;:::.:!) NEW 2o·x20•a10· FOOTING W/ 131 -e REBAR, EACH WAY • COLUMN BASE 11 11 11 ,, 6Wx6W'itlo\" STEEL PLATE 14•, TYP. NEW 3" SCH. 40 tlEVI HSS4ic2xt'4 STEEL PIPE COLUMN COLUMN • l~:= NEW 20"itl0"xl0" FOOTING W/ 121 41!1 REBAR, EACH WAY [)((STING CMU WALL II II e (!) z z z <( ..J a.. -<(<( zz WW ~~ (/') 1--z w ~ .::> u 0 0 z 0 1--u ::> ~ I- (/) z 0 u Dodo : MJG.. 3. 2.020 ~ °"" ---lilllil ~ .... , 20200.3& F!lil l!- 5 2 ! of 1 Page 161 Kenai Fine Arts Building 816 Cook Drive Kenai, Alaska Master Action Item List Date: 1/4/2021 1 of 3 In association with: City of Kenai, Kenai Fire Marshal, Kenai Fine Arts Center, Kenai Potters Guild and K+A designstudios I. Overall Building Action Items Building Exterior: 1. Roof/Insulation: a. Add insulation to fix seasonal leak due to condensation issues. b. Fix roof drainage issues that cause leaking at Potter’s Studio North wall. c. Reroute exterior gas line to eliminate piping over roof or provide protection under gas piping at roof. 2. Exterior Walls & Awnings: a. Repair cracks in exterior walls and sandblast/repaint building, including new window trim. b. Upgrade to provide a covered entry awning at both Potter and Main Gallery entries. 3. Exterior Doors: a. Replace Main Gallery front door. b. Replace Potter’s Studio main double door, with relite or peep hole for safety. c. Replace Boiler Room door. d. Add Commercial access locks and keyless entry. 4. Exterior lighting: a. Upgrade exterior lighting, including new security light above Potter’s Entry. Building Interior: 1. Mechanical: a. Replace existing boiler and associated pumps with an efficient upgrade. b. Assess termination of existing open-floor plumbing at Jail floor. 2. Electrical & Communications: a. Upgrade electrical panels to provide separate panel for Potter’s Studio. b. Upgrade interior lighting throughout to LED fixtures. New track lighting in Gallery. c. Add Security System throughout building with cameras. Page 162 Kenai Fine Arts Building 816 Cook Drive Kenai, Alaska Master Action Item List Date: 1/4/2021 2 of 3 (cont. Elec. & Comm.) d. Upgrade security access between Main Gallery and Workshop/Jail area. e. Upgrade/Expand Network Wiring for the following: 1. Wireless access points 2. Keyless entry. 3. Projector and digital signage. 4. Future Expansion 5. Communication lines to Jail, for recently upgraded computers/accounting. 3. Finishes – Repair & Upgrades: a. Fix seasonal water leak damage at Gallery ceiling near Potter’s Studio door. b. Fix water leak and damage at North wall of the Potter’s Studio. c. Remove all black ceiling plastic where present and repaint. d. Install sheetrock to cover top 12” of exposed 2x4 framing and insulation (where occurs at perimeter of building). e. Upgrade flooring in Gallery and Sales Gallery. II. Building Code Items 1. Main Gallery Entry Door: a. Replace door hardware with panic hardware. 2. Second Egress from Gallery: a. Replace door hardware with panic hardware. b. Upgrade/add exit signs locating exit. c. Maintain unobstructed, clear path from exit door through courtyard to public way. 3. Door from Potter’s Studio to Gallery: a. Review code issues concerning step at door and provide new landing, new door swing & hardware. 4. Potter’s Studio electrical fixtures and wiring currently not being used. 5. Occupant Load a. Current occupant load is posted incorrectly at 49. Review and post new occupant load per current code. Page 163 Kenai Fine Arts Building 816 Cook Drive Kenai, Alaska Master Action Item List Date: 1/4/2021 3 of 3 III. Current 2020/21 Workshop Upgrade to Include: 1. Abatement of Hazardous Materials: a. Abatement of Hazardous Materials at all existing areas for construction, see construction drawings. 2. Mechanical: a. Consolidation of miscellaneous heat piping above existing ceiling grid. b. Demolition and replacement of bathroom fixtures. New fixtures to be ADA compliant. c. New under slab plumbing as necessary for new plumbing fixtures. d. New multi-compartment sink at south wall of Workspace 102 and associated plumbing. 3. Electrical: a. Demolition and replacement of Lighting fixtures throughout upgraded area, see construction drawings. b. Relocation of electrical panel located in Storage/Utility room. Upgrade for future gallery lighting. c. Consolidation of miscellaneous wiring and light switches in Workspace 102. d. Consolidation of miscellaneous wiring above existing ceiling grid. 4. Structural: a. Demolition of (3) wood framed walls and (1) CMU wall per construction drawings. b. Demolition of raised floor and existing shower floor in Staff Bathroom 103. c. New structural beam and columns, including new concrete footing for each, see drawings. 5. Finishes: a. Demolition & replacement of remaining old Windows (4), to match recent window upgrades. b. Demolition and adjustment of existing wood step/ramp at Hallway 100. c. Demolition and replacement of door, flooring at Bathroom 101. d. Replacement of door at Staff Bathroom 103. e. Demolition of ACT ceiling grid and ceiling sheetrock in Workspace 102 and Storage 104. f. New paint on all exposed sheetrock throughout upgraded area. g. New resilient flooring or sealed concrete, to be determined after demolition of existing flooring. Page 164 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: January 14, 2021 SUBJECT: City Managers Report – Excess Mortality Chart I was requested to include an Excess Mortality Chart that provided updated numbers from the last chart I provided to Council in October of 2020. Attached is that chart updated through November 22,2020. They exclude the most recent weeks of data because due to reporting delays, the data is incomplete. The total number of excess mortalities in the United States for 2020 through November 22 based on this data is 416,734. Page 165 Page 166 Page 167 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant, Airport Manager DATE: January 8, 2021 SUBJECT: Airport Mid-Month Report January 2021 2018 Terminal Rehabilitation Project – Construction: The project has reached the closeout stage. The ribbon cutting ceremony has been postponed due to the COVID pandemic. 2019 Alaska Fire Training Facility Rehabilitation & Acquire Aircraft Rescue and Firefighting Trucks (ARFF) – This project has reached the closeout stage. The two ARFF vehicles are on-order with OSHKOSH with a delivery date of June 2021. 2020 Acquire SRE (Loader) – The loader is at the Anchorage Yukon Equipment Shop going through the inspection and setup process and all attachments have also arrived in Anchorage. The Airport should see the new loader around the end of January 2021. 2020 Sand/SRE Storage Building – This project is in winter shutdown. 2020 Land Acquisition – The project is in the closeout process. In-house Activities: Airport Administration – Administration Office is open and available Monday-Friday, 8am to 5pm for customer service. Airport Administration and staff are working on the FY22 budget with the operating budget submission due February 5, 2021 to City Administration; updates to Exhibit A Property Map to the Airport Layout Plan, Lands Database, 5-year Capital Improvement Plan due February 1, 2021 to the FAA, airport rates and fees, terminal landscaping plan, informational signs for the float plane basin, and reviewing the Airport’s efficiencies report. Airport is advertising for Airport Security Services with a bid due date of February 2, 2021. Page 168 Dece m ber Enpla nement Report December 2020 3, 0 8 0 Munl clp•I A i rport Grant 1,929 62.63% Month RAVN ALASKA January 4 ,1 09 Fe bruary 3.988 March 0 April 0 May 0 June 0 Julv 0 A ua ust 0 September 0 Oc tober 5 Novem ber 11 5 Decem ber 1, 151 Totals 9,368 GRANT AVIATION 2,281 1,942 1,317 359 702 1,36 7 2 ,445 3,063 2,806 2,60 1 2,251 1,929 23,063 Total 2019 2020 6,39 0 6,785 5,930 5,957 1,317 6,808 359 6,441 702 7,198 1,36 7 7,656 2,445 10,658 3,063 12,925 2,806 8 ,95 1 2,606 7,5 94 2,366 6,998 3,080 7,033 32,431 95,004 Termi nal -Vehicle Parking Revenues FY19 FY20 25000 22500 20000 17500 15000 12500 10000 7500 50 00 25 00 0 December $1 9 ,656 FY20 Total $171,739 $9,458 FY21 YTD $42,308 ~ Vehicle Parking Revenues -.. ---- - -· -• FY20 ·--.. .... -lbi t I ~ • FY21 Change from 2019 -3 95 -27 -5,491 -6 ,082 -6.496 -6 ,2 89 -8 ,2 13 -9,862 -7,045 -4 ,988 -4,632 -3,953 -6 3,473 Ravn 1,151 37.37% Page 169 Attachment MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: January 13, 2021 SUBJECT: Finance Department Mid-Month Report – January 2021 The fiscal year 2020 Comprehensive Annual Financial Report (CAFR) has been completed with the assistance of many departments but especially the staff in the finance department. Presentation of the report by the City’s auditor will occur at tonight’s, January 20, 2021, meeting. The FY22 Budget is now a major focus of the department with preparation packets having been distributed to department heads. The Council is scheduled to receive its first draft of the FY2022 budget in April. The budget calendar is attached. There is much work to be done by all City departments over the next couple of months. The department is also preparing for a portfolio review of the Airport Land Sale and General Land Sale Permanent funds. Representatives from Alaska Permanent Capital will be scheduled to present a portfolio review at the February 3, 2021 Council meeting. The review will include a summary of 2020 performance, the allowable transfer amount for each permanent fund, and a recommendation for establishment of 2021 asset allocations and evaluation benchmarks. In addition, there may be a proposal to institute minor changes to the portfolio as the projected ten- year rate of return has decreased predominately driven by 2020 reductions in short-term interest rates and the projection low rates will continue for an extended period of time. With completion of this year’s audit, the department will be seeking involvement from Council in soliciting the City’s auditors for the next three-years. Specifically, assistance will be needed in establishing the evaluation criteria of the request for proposal (RFP) and evaluation of the RFP’s once received. Two to three Council members are requested to work on the project which can begin once the group is identified. Page 170 CITY OF KENAI FY 2022 BUDGET PREPARATION CALENDAR Date Facilitator Action January 5 Finance Director Revenue & COLA estimates to City Manager January 8 City Manager & Finance Director Budget guidance and submission requirements provided to department heads with preparation packets. January 15 Department Heads Overtime, new positions, and reclassification requests to City Manager. January 22 City Manager Personnel requests forwarded for analysis to Human Resource Director. January 29 Human Resource Director Personnel requests forwarded for analysis to Finance Director. February 5 Department Heads Department operational budget submission due to Finance. February 5 Department Heads Department Special Project requests due to Finance. February 12 Finance Director Personnel budget submitted to City Manager February 19 City Manager City Manager approval of personnel budget requests. February 19 Finance Director Consolidated operational budget submitted to City Manager. February 19 Finance Director Consolidated Special Project requests submitted to City Manager. February 24-26 March 1-3 City Manager, Finance Director & Department Heads Departmental budget meetings with City Manager. March 24 Finance Director & City Manager Budget goals public meeting March 31 Public Works Director 5-year Capital Plan Complete April 7 Finance Director Draft budget distributed to Council. April 12 – April 30 City Manager, Finance Director & Department Heads Budget work session. Meeting date to be determined by Council. April 28 Finance Director Budget Ordinance to City Clerk for May 5 Council packet. May 5 Finance Director Introduction of Budget Ordinance. May 10 Finance Director Publish notice of public hearing to adopt FY22 Budget. May 11 Finance Director Mill Rate Resolution to City Clerk for May 19 Council packet. May 19 Finance Director Public hearing and adoption of Budget Ordinance May 19 Finance Director Public hearing and approval of Mill Rate Resolution (Must be provided to KPB by 6/15). June 25 Finance Director Publication & distribution of Budget document. Page 171 MEMORANDUM TO: Mayor Brian Gabriel and City Council THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: January 11, 2021 SUBJECT: Fire Department Mid-Month Report – December As we wrap up 2020, we had the lowest call volume since 2014 with a 17.3% decrease compared to 2019’s calls for service. December was significantly slower in relation to 2019 calls for service as we experienced a 35.2% decrease. KFD responded to 9 confirmed and 32 unknown COVID patients. Total calls for service are as follows: Year 2019 2020 % change December total 159 103 -35.2% EMS 131 83 -36.6% All Other 28 20 -28.6% Year total 1563 1292 -17.3% Our two new utility trucks are finished and we now have them in service. Installation of Station Alerting equipment is underway at the Airport Fire Station and should be completed soon. We have completed the second round of Paramedic Student Internships and I commend Engineer Scott Summers and Driver Operator Ben Nabinger for being Preceptors for those students. All other Paramedics from our department had the opportunity to work with the students and assisted in training them through the internship period. Thank you! Vaccinations are complete for most of our personnel that participated and we continue to work with the State of Alaska to become vaccinators here at KFD. Our personnel experienced minimal side effects such as: soreness in the injection site, tiredness, and headaches, which were consistent with phase 3 studies from Pfizer (no adverse reactions). Happy New Year and welcome 2021! Page 172 MEMORANDUM TO: Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: January 7, 2021 SUBJECT: Library Mid-Month Report December 2020 The Kenai Community Library temporarily closed to the public on November 14, 2020 in light of Governor Dunleavy asking Alaskans to take immediate action to slow the spread of COVID-19. However, library staff are busy filling curbside pickup orders, answering reference questions, creating virtual programs, and working on the collection. For more information on the services we provide while closed, please visit our website at https://www.kenai.city/library. December 2020 at a Glance Checkouts Dec-19 Dec-20 2020 YTD Physical 6,923 2,311 51,337 Digital 1,139 1,490 17,150 Visits Number of Visitors 5,731 n/a 26,115 New Library Cards 29 14 309 Room Use 179 n/a 396 Programs Number of Programs 34 24 247 Program Attendance 667 n/a 43,381 Volunteer Hours 20 n/a 94 Technology Sessions Computer Sessions 629 n/a 3,753 iPad Sessions 141 n/a 203 WiFi Sessions n/a 3,073 23,648 Early Literacy Station Sessions 298 n/a 786 Page 173 Page 2 of 2 December 2020 programming highlights • All programs in December 2020 were virtual (Facebook, YouTube, and Zoom) o Weekly Lego® challenge (167 views) o Virtual story times (626 views) o Zoom class visit (17 participants) o Let’s Draw! Gnomes (377 views) o DIY holiday wreath (94 views) o Oh Fudge! Staff recipe competition (227 views) o Various DIY kits for all ages (467 recipients) December 2020 library services highlights • Average of 20 curbside pickups per day (509 total) • Transits: o We loaned 569 items to member libraries of the Alaska Library Catalog o We borrowed 689 items from member libraries of the Alaska Library Catalog • 3,073 Wi-Fi sessions by 557 unique users were registered Page 174 MEMORANDUM TO: Mayor Brian Gabriel & Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: January 11, 2021 SUBJECT: Mid-month Report – December 2020 The Kenai Multi-Purpose Facility had a total of 186.25 hours reserved for the month of December. This is up from 113.25 hours recorded last year during this time. Restrictions placed on out of town teams and use of the warming shacks were lifted January 4. While the warming shacks are open, facial coverings are required while inside. The Kenai Peninsula Hockey Association (KPHA) will host their annual tournament January 15-17. The aluminum framing around the Tarbox Bird Viewing sign was completed and is scheduled to be installed the week of January 11. The Recreation Center had a total of 1,223 visits and the Teen Center had 205 total visits. Certain restrictions due to COVID-19 such as 25% capacity, 10’ social distancing, credit card payments only and limitations on certain programs still apply. B&GC Executive Officer Chaffee is hopeful that these restrictions can be relaxed as the community moves into the green alert level. Administrative Assistant Bannock is putting on the final touches to the 2021 department calendar and distributed December’s newsletter. The department also provided some airport terminal landscape ideas to airport staff. Other work activities included: • Department received 12 volunteer hours from Hope Community Resources. • 147.75 hours (38.75 miles) dedicated to grooming ski trails. • 17.50 hours clearing snow away from hydrants. • 40 hours spent maintaining the skating pond at Daubenspeck Family Park. • 10.50 hours spent on waste management (trash and restroom cleaning). • 48 hours removing snow from sidewalks and 24.50 clearing parking lot areas. • Flower plugs for the upcoming summer ordered. • Construction of the vaulted restrooms along Kenai Avenue was completed. • Coordinated repair of two hockey goals. Page 175 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: January 12, 2021 SUBJECT: Planning and Zoning December 2020 Report Planning and Zoning Commission Agenda Items and Resolutions • Resolution PZ2020-36 - Preliminary Subdivision Plat of Integrity Plaza II, submitted by Cliff Baker, Surveyor, 201 Barrow Street, Unit 202, Anchorage, AK 99501, on behalf of Cliff Baker, 201 Barrow Street, Unit 202, Anchorage, AK 99501 • Resolution PZ2020-35 – Application for a Conditional Use Permit for seven zero lot line/townhouse dwellings, on Tract A, Kenai Landing Cottages, and located at 2101 Bowpicker Lane. The application was submitted by the Kenai Landing, Inc., 2101 Bowpicker Lane, Kenai, AK 99611 Building Permit and Site Plan Reviews Planning and Zoning staff reviews all Building Permits for compliance with the zoning code. The Department conducted 1 Building Permit review in December 2020. Code Enforcement 1 case was opened in December 2020 for a junk vehicle. 1 case were opened in December 2020 for a vehicle parked in the City right-of-way. Lands Special Use Permit to Schilling Alaska, Inc., d/b/a The Uptown Motel for Snow Storage. Page 176 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: January 6, 2021 SUBJECT: Police & Communications Department Activity – December 2020 Police handled 546 calls for service in December. Dispatch received 226 9-1-1 calls. Officers made 21 arrests. Traffic enforcement resulted in 158 traffic contacts and 61 traffic citations. There were 6 DUI arrests. Officer investigations were conducted on 9 motor vehicle crashes. There were 2 collisions involving moose. There were no collisions involving drugs or alcohol. The police department experienced its lowest call volume this year since 2003, approximately a 22% decrease from 2019. One officer attended a one day Less-Lethal instructor training in Fairbanks. One officer attended a one day virtual interviewing class. One officer attended a one day virtual human trafficking class. Two dispatchers completed a virtual Communications Training Officer Certification program. One new officer completed his field training. Our School Resource Officer served solely as an investigator for the month of December, while school was not in session due to COVID and the holiday break. The plan is for that position to return to the school this semester as school openings allow. The Dispatch Center experienced some extreme staffing challenges through the holidays due to COVID-related quarantine of employees, even causing us to re-hire a former employee in a temporary capacity. All staff has returned and no services were interrupted. 9194 3366 8305 3101 6467 28860 5000 10000 Total Police Service Calls 911 Calls Received 2018(Jan 1 - Dec 31)2019(Jan 1 - Dec 31)2020(Jan 1 - Dec 31) Page 177 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: January 4, 2021 SUBJECT: December 2020 Monthly Report This month the Kenai Animal Shelter took in 62 animals. Animal intake and disposition: DOGS: INTAKE 23 DISPOSITION 10 Waiver 5 Adopted 4 Stray 3 Euthanized 1 Impound 0 Claimed 2 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 3 Microchips 13 Other Dispositions 0 Other Intakes 2 CATS: INTAKE 39 DISPOSITION 40 Waiver 26 Adopted 30 Stray 13 Euthanized 0 Impound 0 Claimed 0 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 10 Page 178 Page 2 of 2 2 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 31 Animals are known borough animals 28 Animals are known City of Kenai 8 Animals are known City of Soldotna 0 Animals from unknown location 31 Field Investigations & patrols 0 Volunteer Hours Logged 1 Citations 0 Educational Outreach Statistical Data: 829 2018 YTD Intakes 911 2019 YTD Intakes 717 2020 YTD Intakes Microchips Other Dispositions Other Intakes 0 0 OTHER ANIMALS: INTAKE 0 DISPOSITION 4 Chinchilla 0 Chinchilla 0 Rabbit 0 Rabbit 4 Other 0 Guinea Pig 0 DOA: 7 OTHER STATISTICS: Dog 3 Licenses (City of Kenai Dog Licenses) 41 Cat 4 Page 179 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: January 2021 SUBJECT: Mid-Month Report; Public Works / Capital Projects • Terminal Building Rehabilitation Project – The project reached Substantial Completion on March 27, 2020! Facility is in the warranty period through March 27, 2021. All closeout documentation has been received from the Contractor. Final Notice of Completion was sent to the Department of Labor on December 21, 2020, they have until January 21, 2021 to provide their approval to release the final payment to the Contractor. • Alaska Regional Fire Training Facility Building Rehabilitation Project – The project reached Substantial Completion on June 2, 2020 and Fire Training successfully took place this summer. Staff continues to work with the FAA on project closeout. Project will continue through Warranty phase through June 2021. • Alaska Regional Fire Training Facility Equipment Rehabilitation Project - The project reached Substantial Completion on March 13, 2020 and Fire Training successfully took place this summer. The Contractor did return to complete Punch list items in September, a propane tank inspection was conducted at that time and did identify deficiencies within that part of the equipment. These repairs will take place in the spring coinciding with the next round of training, so the Contractor will be onsite in the event of any operational issues. • Kenai Municipal Airport Wheeled Loader Replacement – An Invitation to Bid was released on May 20, 2020 with bids due on June 10, 2020. Two bids were received with Yukon Equipment, Inc. providing the lowest responsive bid for 2020 Case model 621G and associated attachments. Total cost of loader with all attachments as well as some minor administrative costs equal $270,000. An FAA grant will be covering 100% of the costs. Contract was executed on September 4, 2020 and the Loader has now been ordered. Currently anticipating delivery in February 2021. Received notice on January 8th from Yukon Equipment that the loader and all attachments are now in Alaska going through the final setup process. Delivery remains on schedule. Page 180 Page 2 of 6 Public Works Mid-Month Report • Kenai Municipal Airport Sand Storage Facility – The City executed a design agreement to HDL Engineering on April 17, 2020 for a new Sand Storage Facility. On August 7, 2020 Final Design Documents were received and a Formal Invitation to Bid was released on August 10th with Bids due on August 31st, 2020. Orion Construction was the successful bidder with a low bid of $2,289,000. The City successfully executed a grant with the FAA on September 25, 2020 in the amount of $1,954,101, a second grant is anticipated for next Spring, May 2021, to cover the remaining costs on a total project cost of $2,835,263. A Notice to Proceed for Construction was issued for October 14, 2020, and the schedule will run 365 days. The Contractor successfully mobilized to the site, cleared the area for the new building and brought in structural fill where required by Contract. Project is now winterized and will start back up in spring. Submittals will be completed over the winter months. • Kenai Municipal Airport Airfield Drainage – Ordinance 3166-2020 Authorized HDL Engineering to begin an assessment on both the existing runway as well as some ongoing drainage issues. On December 14, 2020 an agreement was executed to begin investigations on the Airfield Drainage project. The initial agreement in the amount of $37,230 will provide for CCTV camera inspections of several thousand feet of storm main near the runway. On January 8, 2021 we received a report from HDL with the condition assessment of the drainage lines that were inspected prior to the Holidays. Photos below show the location of the lines and section of piping with some corrosion and minor blockages. Based on this information HDL will provide a proposal to complete Construction Documents for the replacement of approximately 500 LF of the most deteriorated pipe, with other sections to wait and be completed along with the future Runway Rehabilitation Project. Page 181 Page 3 of 6 Public Works Mid-Month Report • Dock repair – An Invitation to Bid was released on May 29, 2020 with Bids due on June 19, 2020. No bids were received. On July 10, 2020 the project was re-advertised for bids with bids due on July 27, 2020. The City received one Bid from Endries Company in the amount of $298,365. Ordinance 3154-2020 was introduced on August 5, 2020 and approved on August 19, 2020. Formal contract was executed with Endries Company on August 31, 2020 with a formal Notice to Proceed provided on the same day. Work associated with the Cathodic Protection is now complete. The remaining Work will need to wait until warmer temperatures arrive in the spring. Anticipated final completion June 1, 2021. • Peninsula Avenue Bluff Erosion 2020 – An Invitation to Bid was released on May 31, 2020 with Bids due on June 19, 2020. Four bids were received with Foster Construction being the lowest responsive responsible bidder at $94,670. Council approved the project through passage of Resolution 2020-57 at the July 1, 2020 meeting. Contractor has completed submittals with the Engineers, and is anticipated to mobilize to the site on September 11, 2020 and begin moving dirt the week of the 14th. As of October 13th the project is nearly complete. The project was successful and will require installation of top soil and grass seed in the spring. The December 16, 2020 Council Packet includes a Purchase Order increase request, to Foster’s Construction to account additional necessary measures taken to control ground water and runoff during construction, details within the included Memo. The Department would like to thank Fosters Construction and Larsen Engineering for their efforts on the project. • Vault Restrooms – 100% Design documents were received on June 10, 2020 from Nelson Engineering. An Invitation to Bid was released on June 14, 2020 with Bids due on June 29, 2020. Four bids were received with Polar North Construction being the lowest responsive responsible bidder at $359,850. Council approved the project through passage of Resolution 2020-58 at the July 1, 2020 meeting. Contract documents were executed on July 23, 2020. Construction is now shutdown for the winter. Pending Change Order 1 shall provide for a credit back to Owner in the amount of $264 for minor changes to door hardware, and will add time to the contract to allow final painting to take place in spring under warmer temperatures. Page 182 Page 4 of 6 Public Works Mid-Month Report Construction has proceeded very smoothly, please extend the City’s gratitude to Polar North Construction and Nelson Engineering for making this project a success. • Waste Water Treatment Plant Master Plan – HDL Engineering Consultants will be beginning to assist the Public Works Department in development of a new Master Plan for the facility. The last one was completed in March 2004. Resolution 2020-48 was approved at the June 17, 2020 Council meeting allowing this work to proceed. On July 2, 2020 HDL staff and consultants spent the day on the property going through all systems of the plant, it is anticipated that these services will take place throughout the summer months. On August 31, 2020 the first draft assessment was received. Staff continues to work with HDL to develop plans for the facility in preparation of updates to the Capital Plan. HDL also continues to assist the department with the renewal of our APDES Permit which expires every five years. • Waste Water Treatment Plant WAS Pumps – Polar North was awarded a Contract on September 22, 2020 in the amount of $79,703 to demo and replace 40 year old pumps. Currently both pumps are now installed with final piping connections underway, delivery of four air release valves has been delayed and they are anticipated any day now. Project is proceeding well on time and on budget. • Waste Water Treatment Plant Replacement Sludge Press – Resolution 2020-95 approved at the December 16, 2020 Council meeting authorized HDL Engineering to begin the Design Phase of the WWTP Replacement Sludge Press. Contract Documents were executed on January 6, 2021 with a Notice to Proceed issued on January 11, 2021. First step will be to request proposals from various press manufacturers and make a selection to move through Page 183 Page 5 of 6 Public Works Mid-Month Report design phases with. Presses of this type typically take six months to manufacturer, goal will be to have an operational new press around late November 2021. • USACE Bluff Erosion – See City Manager’s report. Director’s Report from the Army Corp of Engineers was signed April 10, 2019. On June 17, 2020 Council authorized the City Manager to sign the MOU received from the Corp. PED Agreement arrived on September 2, 2020. The City mailed a check in the amount of $350,000 on September 18, 2020 to cover the City’s initial share of PED costs. Meetings have begun with the City Manager and Public Works Director with the ACOE. RFP Docs to obtain Professional Engineering Services are beginning to be developed. Draft RFP Docs were sent to ACOE Staff for comment on December 8, 2020 during phone conference with ACOE, City Manager and PWD. Comments were received back on December 9th. Next scheduled meeting with Corp is for December 17, 2020 to continue with Development of the documents. RFP Documents are still under development at this time, follow up meeting with ACOE is anticipated for late January. • Multi-purpose Facility – The Building Maintenance Department went through the Ice Rink and pressure washed all of the algae that has been growing on the steel beams. Nelson Engineering was also able to come out and assess the structure and condition of the rusting. Formal report was received on October 6, 2020. Work will continue in the spring. • Recreation Center – The Building Maintenance Department and Streets Department are performing repairs with in house personnel. Repairs to a drainage issue on the west side of building are being completed, as well as pressure washing of the building and new exterior staining. Photos below. Work will continue into the spring as weather warms back up. • Kenai Municipal Airport (KMA) Tractor & Mower – Invitations to Bid were released on November 20, 2020 with Bids Due on December 8, 2020. This project is in support of Airfield Maintenance Operations and is identified as Project No. 5 for the Airport Fund in the City’s current Capital Improvement Plan. Council can expect to see legislation in December in relation to this Project. Ordinance 3176-2020 was approved at the January 6th, 2021 Council Meeting with an Award to Craig Taylor Equipment in the amount of $151,736. Formal Notice of Award was issued on January 12th, contract is being circulated now for signatures and is anticiapted to be in place by January 18th. Tractor delivery is anticipated by August 2021. Page 184 Page 6 of 6 Public Works Mid-Month Report • Fire Sprinkler Testing, Inspection & Monitoring – Invitations to Bid were released on November 20, 2020 with Bids Due on December 8, 2020. This will be for up to a five year term service agreement for all City Facilities. Resolution 2020-93 with a Contract Award to Yukon Fire Protection is included in Councils Packet for the December 16, 2020 meeting. Total contract for five years services totals $74,373. Contractor will be in Kenai on starting on January 18th going through all City owned facilities. Page 185 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: January 9, 2021 SUBJECT: December 2020 Monthly Report Home Delivered Meals 1171 Home Delivered Meals – COVID-19 1409 Pick-Up Meals – COVID-19 178 Grocery Shopping Assistance 8 Vintage Pointe Meals – COVID-19 388 Though closed to the public, the Senior Center continues to provide services to our senior population. During this crisis we have been able to offer the following: • Home delivered meals, served Monday – Friday to over 100 individuals in the greater Kenai area. • Shopping and delivery assistance through Country Foods. • Prescription pickups and delivery. • Low income food box delivery. • Information on COVID19, State of Alaska benefits, and the newest scams surrounding the current crisis. The remodel of the Game Room/Library was completed in December. This is now a wide-open beautiful space with new flooring and better accessibility. Touchless faucets in the restrooms were installed, as well as the completion of the table top refurbishment for the Dining Room. New webcams were received for the offices as well as the Computer Lab. These items were made possible by the KPB CARES Act Relief Fund Program for our area senior centers. The holidays are always a special time around the Senior Center and though we remained closed to the public, there was still some good old-fashioned Christmas cheer for the seniors we serve. All of those who receive home meals were treated to a Christmas Bag full of goodies, primarily sponsored by the Kenai Senior Connection, Inc. with additional items from Peninsula Community Health Services and Hilcorp Alaska. Page 186 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: JANUARY 20, 2021 VENDOR DESCRIPTION DEPT. ACCOUNT DOORS & WINDOWS REPLACE COMMON AREA BACK DOOR CONGREGATE HOUSING REPAIR & MAINTENANCE DOORS & WINDOWS LEXAN SHEETS RECREATION OPERATING SUPPLIES AMOUNT 5,950.00 3,500.00 Page 187 JANUARY 20, 2021 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to item D.1. Ordinance No. 3177-2021 City Clerk • Memo for Substitute Ordinance 3177-2021 • Public Comments • Letter from Representative Ron Gillham • Letter from Assembly Member Derkevorkian Add to item D.5. Resolution No. 2021-03 City Attorney • Kenai Peninsula Borough Memos MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Teea Winger, Council Member DATE: January 20, 2021 SUBJECT: 3177-2021 (Substitute) Million reasons to Shop in Kenai Substitute Ordinance 3177-2021 increases the contract amount with the Chamber from $15,000 to up to $40,000. While KMC 7.15.060- Procurement of Professional Services, generally requires a competitive process for contracts over $35,000, KMC 7.15.070 -Innovative Procurements and Other Exceptions, allows for a sole source contract when the contractual services can only be provided a by a single source. For this program, the Chamber is uniquely situated to provide the services sought by the City given its existing role in the local business community. The following amendments to Substitute Ordinance 3177-2021 are required: Amend the end last Whereas Clause as follows: WHEREAS, the success of the City is dependent upon the success of the local economy and its businesses and a program to reward local shopping, promote Kenai businesses, and continue the community’s recovery from the COVID-19 Public Health Emergency is in the best interest of the City and its residents.; and, Add a new final Whereas clause to read: WHEREAS, the Kenai Chamber of Commerce is the only entity that can reasonably provide the unique services sought by the City, and can be awarded the contract without a competitive process pursuant to KMC 7.15.070(b)(1). Amend Section 2 to read: Section 2. That the City Manager is authorized to execute a professional service agreement with the Kenai Chamber of Commerce for administration of the program without competition Page 2 of 2 pursuant to KMC 7.15.070(b)(1) for a total cost not to exceed $40,000 including up to $10,000 to promote the program and up to $30,000 for program administration and support. Your consideration is appreciated. From:Paul Ostrander To:Meghan Thibodeau Subject:FW: Substitute Ordinance 3177-2021 Date:Tuesday, January 19, 2021 9:42:48 AM -----Original Message----- From: Christine Brandt Sent: Saturday, January 16, 2021 9:51 AM To: Teea Winger <twinger@kenai.city>; Paul Ostrander <postrander@kenai.city>; Brian G. Gabriel, Sr. <bgabriel@kenai.city>; Bob Molloy <bmolloy@kenai.city>; Henry Knackstedt <hknackstedt@kenai.city>; Glenese Pettey <gpettey@kenai.city>; Victoria Askin <vaskin@kenai.city>; Jim Glendening <jglendening@kenai.city> Subject: Substitute Ordinance 3177-2021 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Thank you for purposing this ordinance. I fully support Substitute Ordinance 3177-2021. I believe in supporting local businesses. I would also like to thank you for the relief opportunity that you have given to the residents of Kenai it is deeply appreciated. Respectfully, Christine Brandt Sent from my iPhone From:Paul Ostrander To:Meghan Thibodeau Subject:FW: Substitute Ordinance 3177 Kenai Shop Local Program Date:Tuesday, January 19, 2021 9:42:03 AM From: Krista Schooley Sent: Monday, January 18, 2021 7:02 PM To: Brian G. Gabriel, Sr. <bgabriel@kenai.city>; Bob Molloy <bmolloy@kenai.city>; Glenese Pettey <gpettey@kenai.city>; Henry Knackstedt <hknackstedt@kenai.city>; Jim Glendening <jglendening@kenai.city>; Paul Ostrander <postrander@kenai.city>; Teea Winger <twinger@kenai.city>; Victoria Askin <vaskin@kenai.city> Subject: Substitute Ordinance 3177 Kenai Shop Local Program CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear City of Kenai Council Members, I fully support substitute ordinance 3177 Kenai Shop Local Program. Krista Schooley Representative Ron Gillham Alaska State Legislature SESSION ADDRESS: INTERIM ADDRESS: Alaska State Capitol 145 Main Street, #211 Juneau, AK 99801 Kenai, AK 99611 Office: (907) 465-2693 Office:(907) 283-2690 Cell: (907) 252-3878 House District 30 Rep.Ronald.Gillham@akleg.gov January 19, 2021 Kenai City Council Members: The Honorable Victoria Askin The Honorable Brian Gabriel The Honorable Jim Glendening The Honorable Henry Knackstedt The Honorable Bob Molloy The Honorable Glenese Pettey The Honorable Teea Winger City Clerk’s Office 210 Fidalgo Avenue Kenai, AK 99611 Honorable Kenai City Council Members: I write this letter in support of Substitute Ordinance 3177-2021, the Shop Local Economic Stimulus Program to Benefit Kenai Small Business. I appreciate the City Council’s consideration of Ordinance 3177-2021 at the January 6th meeting, which is aimed at providing economic support to Kenai businesses in response to the COVID-19 pandemic. However, I believe the parameters of that proposal are too limited in scope and economic impact to our community. It simply does not go far enough. I am in full support of the provisions in the proposed substitute ordinance by Council Member Teea Winger, the “Million Reasons to Shop in Kenai” program. Increasing program funding from $100,000 to $1,040,000, lengthening the duration of the program from one month to four months, and broadening the qualifying purchases to include groceries and o ther items, will provide a much larger influx of money into our local economy over a longer period of time during the off-season. These components of the substitute program will not only help provide Kenai City Council Members Page 2 January 19, 2021 our community members with greater food security, but will provide our local businesses with much needed economic relief to rehire laid-off employees and bring on seasonal workers sooner. More than ever our small business community needs the support of our local government to provide economic relief. I strongly encourage the City Council to approve the substitute ordinance and allocate $1,040,000 from the federal CARES Act funds to the “Million Reasons to Shop in Kenai” program. Best Regards, Representative Ron Gillham House District 30 Kenai Peninsula Borough Legal Department MEMORANDUM TO: Robert Ruffner, Chair Members, Anadromous Waters Habitat Protection Work Group THRU: Melanie Aeschliman, Planning Director Samantha Lopez, Acting River Center Manager FROM: Sean Kelley, Deputy Borough Attorney COPY: Paul Ostrander, City of Kenai Manager DATE: January 21, 2021 RE: UPDATED Commercial Activities Re-Write – KPB 21.18.072 – to Improve the Permitting Code Related to Commercial Activities This proposed amendment was drafted in collaboration with City of Kenai Administration pursuant to Chair Ruffner’s request. KPB 21.18.072 (Limited commercial activity within the habitat protection area) is the only section of code within KPB 21.18 specific to commercial or business activities, uses or structures with the HPD. The current wording of this section permitting commercial activities is difficult to interpret, often open to debate, and has proven to have little useful, practical application. For example, in the past 5 years, it appears that no permits have been issued under this section of code. It has been requested that this group consider a commercial activities permit with the industrialized area of the Kenai River below the Bridge Access Road Bridge (Ames Bridge) to a line at approximately river mile 1, as described. This re-write would provide for necessary flexibility, including development or re-development, for growth within the City of Kenai while at the same time continuing to protect important fish habitat. The proposed amendment essentially repeals current KPB 21.18.072 and replaces it with a standard-driven permitting process specific to commercial activities. The opening paragraph establishes a permit process for commercial activities within the area described. Subsection A provides for activities that do not require a permit pursuant to KPB 21.18.065. Subsection B provides 4 categories of allowed commercial activities with the HPD. Subsection C provides the general standards applicable to a permit application under this section. Subsection D sets out the general conditions. Subsection E provides that commercial activities not permitted under this section are prohibited, unless the use or structure otherwise qualifies for prior existing status under KPB 21.18.090. This proposed amendment DocuSign Envelope ID: 72245648-230B-440C-A1A1-380329E0ED00 Page 2 of 4 January 21, 2021 To: Anadromous Waters Habitat Protection Work Group RE: UPDATED Commercial Activities (KPB 21.18.072) Repeal & Replace ____________________________ also provides the planning commission authority to impose permit conditions necessary to meet the general standards. The proposed amendments will require mitigation when the proposed activity seeks to expand the applicant’s surface footprint within the HPD. Code additions are underlined in this version. Update additions since this was introduced on January 14, 2021 are shown in bold underline and deletions from the original amendments that were introduced are show in strikethrough. Current code that would be deleted through enactment of this amendment is shown in [CAPS], bracketed. The updated description is shown on the attached map labeled, Attachment 1 to KPB 21.18.072 Repeal & Replace memo. 21.18.072. - Limited commercial activity within habitat protection district [AREA]. Within the habitat protection district and subject to the requirements of this chapter, the planning commission may issue a permit for commercial activities to be conducted within the east 1/16th aliquot division line of Section 5, R5 N. R11W, Seward Meridian (approximately near river mile 1) to north 1/16th aliquot division line of Section 17, T5N, R11W, Seward Meridian (approximately near river mile 3.5). the municipal district as defined in KPB 21.04.010. Commercial activities are operations, uses, structures or other activities implemented for a private business purpose. Public parks, docks, and other public infrastructure are not considered commercial activities for purposes of this section. A. Activities not requiring permit. Commercial activities of the same nature as those allowed under KPB 21.18.065 do not require a permit under this section. B. Allowedable Activities. The following commercial activities, uses or structures may be permitted under this section: 1. Dock and boat launch. 2. Stairs and pedestrian use boardwalks. 3. Gas, electric, water or other utility connections, lines, or poles. 4. Other activities, uses, or structures that either do not expand the applicant’s surface area footprint within the habitat protection district or are necessary to the operation of the applicant’s business and cannot be located outside of the habitat protection district due to conditions specific to the property. The burden is on the applicant, through a registered professional engineer, to show that conditions specific to the property exist. C. General standards. The following standards apply to permits issued under this section: DocuSign Envelope ID: 72245648-230B-440C-A1A1-380329E0ED00 Page 3 of 4 January 21, 2021 To: Anadromous Waters Habitat Protection Work Group RE: UPDATED Commercial Activities (KPB 21.18.072) Repeal & Replace ____________________________ 1. The use or structure will not damage the riparian ecosystem or riparian wetlands. If substantial evidence supports a finding that the use or structure will damage the riparian ecosystem or riparian wetlands, then mitigation shall be required. 2. Granting of the permit shall be consistent with the purposes of this chapter, the borough comprehensive plan, other applicable chapters of the borough code, and other applicable planning documents adopted by the borough; 3. The development of the use or structure shall not physically damage the adjoining property; 4. The proposed use or structure is water-dependent or does not expand the surface area footprint of the structure or use in the habitat protection district. 5. Applicant or owner's compliance with other borough permits and ordinance requirements. 6. If the use or structure expands the applicant’s surface area footprint within the habitat protection district, then appropriate mitigation shall be required in order to offset impacts to the habitat protection district. D. General Conditions. The planning commission may impose permit conditions that it finds are necessary to meet the standards under this section and establish such conditions on the commercial activity, use or structure, for which the permit is granted as it determines necessary to prevent erosion, sedimentation, ground or surface water pollution, or damage to the habitat protection district, riparian wetlands, or riparian ecosystems. The planning commission may require the performance of appropriate mitigation activities to offset impacts that the planning commission finds may occur as a result of the proposed project or activity. E. Prohibited activity. A commercial activity, use or structure, that is not permitted allowed under this section and does not qualify for prior existing status under KPB 21.18.090 is prohibited. F. Application procedure. A person seeking a permit under this section must complete the application and pay any applicable filing fee(s) to the river center on a form provided by the river center and receive planning commission approval prior to commencement of the project. An applicant’s failure to abide by the terms and conditions of the planning commission’s resolution approving the permit is grounds for DocuSign Envelope ID: 72245648-230B-440C-A1A1-380329E0ED00 Page 4 of 4 January 21, 2021 To: Anadromous Waters Habitat Protection Work Group RE: UPDATED Commercial Activities (KPB 21.18.072) Repeal & Replace ____________________________ revocation of the permit and removal of all non-compliant uses or structures. [THE PLANNING COMMISSION MAY ISSUE A PERMIT FOR ACTIVITIES TO BE CONDUCTED WITHIN OR USING THE HABITAT PROTECTION AREA AS PROVIDED IN THIS SECTION. PERMITS ARE REQUIRED FOR COMMERCIAL ACTIVITIES OF THE SAME NATURE AS THOSE ALLOWED UNDER KPB 21.18.065 FOR PRIVATE NON- COMMERCIAL USE UPON CONDITIONS THAT THE ACTIVITY IS LIMITED TO PEDESTRIAN USE OVER BOARDWALKS, STAIR AND DOCKS NECESSARY TO ALLEVIATE THE INCREASED LEVELS OF ACTIVITY ATTENDANT TO THE COMMERCIAL ACTIVITY. A PERMIT MAY NOT BE ISSUED UNLESS THE PLANNING COMMISSION DETERMINES THE ACTIVITY WILL BE CONDUCTED IN A MANNER THAT DOES NOT RESULT IN SIGNIFICANT EROSION, SEDIMENTATION, DAMAGE TO THE HABITAT PROTECTION DISTRICT, AN INCREASE IN GROUND OR SURFACE WATER POLLUTION, AND DAMAGE TO RIPARIAN WETLANDS AND RIPARIAN ECOSYSTEMS. IN GRANTING A PERMIT, THE PLANNING COMMISSION MAY ESTABLISH SUCH CONDITIONS ON THE DEVELOPMENT, USE OR OPERATION OF THE ACTIVITY OR FACILITY FOR WHICH THE CONDITIONAL USE PERMIT IS GRANTED AS IT DETERMINES NECESSARY TO PREVENT SIGNIFICANT EROSION, SEDIMENTATION, DAMAGE TO THE HABITAT PROTECTION DISTRICT, AN INCREASE IN GROUND OR SURFACE WATER POLLUTION, AND DAMAGE TO RIPARIAN WETLANDS AND RIPARIAN ECOSYSTEMS. THE ACTIVITY MUST BE CONDUCTED ON A PORTION OF PROPERTY ADJACENT TO THE PROPERTY WITHIN THE HABITAT PROTECTION AREA FOR WHICH THE PERMIT IS SOUGHT.] Justification: This updated version is provided to address questions about scope of this permit and mitigation. The word “appropriate” is added in front of mitigation to coincide with a definition for mitigation that is proposed on a separate amendment memo. To address scope questions, this permit will be limited in scope to commercial applicants for activities conducted within the industrialized area near the mouth of the Kenai River. DocuSign Envelope ID: 72245648-230B-440C-A1A1-380329E0ED00 CANNERY RD B R I D G E A C C E S S R D BEAVE R L O O P R D KENAI CITY LIMITSMILE 0 MILE 4 MILE 5 MILE 2 MILE 3 MILE 1 Boundary of CAPD Boundary of CAPDBoundary Of CAPD Approximate River Mile 21.18 Anadromous Streams Approximate Boundary of 21.18 Habitat Protection District City Limits Section Lines Tax Parcels Proposed Commercial Activity Permit District (CAPD) 0 0.5 Miles S W E N Attachment 1 to KPB 21.18.72 Repeal & Replace memo DocuSign Envelope ID: 72245648-230B-440C-A1A1-380329E0ED00 Kenai Peninsula Borough Planning Department – River Center MEMORANDUM TO: Robert Ruffner, Chair Members, Anadromous Waters Habitat Protection Work Group THRU: Melanie Aeschliman, Planning Director Samantha Lopez, Acting River Center Manager FROM: Sean Kelley, Deputy Borough Attorney DATE: January 21, 2021 RE: Private Boat Launches, Prior Existing Uses or Structures, and Definitions Amendments The following amendments are provided following discussion at the group’s meeting on January 14, 2021. Ms. Vadla requested language in KPB 21.18.075 specific to the private boat launch issue raised during public comment. In adding specific language to KPB 21.18.075 concerning private boat launches it became apparent that such an amendment to KPB 21.18.075 should coincide with amendment to KPB 21.18.090 concerning prior existing uses or structures. In addition, two additional definitions are provided for this group’s consideration following discussions about “elevated light penetrating structures” and “mitigation” under KPB 21.18. KPB 21.18.075 Amendment: Private Boat Launches 21.18.075. - Prohibited uses and structures. Change to KPB 21.18.075: adds “KPB” in front of 21.18.081 and adds specific reference to private boat launches. Current Code: Any use or structure not permitted in KPB 21.18.065, KPB 21.18.071 or 21.18.081 is prohibited. Code amendment Recommended by this group: Any use or structure within the habitat protection district that is not permitted or allowed under KPB 21.18.065, KPB DocuSign Envelope ID: 72245648-230B-440C-A1A1-380329E0ED00 Page 2 of 3 January 21, 2021 To: Anadromous Waters Habitat Protection Work Group RE: Private Boat Launch, Prior Existing Uses, Definitions Amendments ____________________________ 21.18.071, KPB 21.18.072, or 21.18.081 is prohibited. This amendment: Any use or structure within the habitat protection district that is not permitted or allowed under[IN] KPB 21.18.065, KPB 21.18.071, KPB 21.18.072, or KPB 21.18.081 is prohibited. A private boat launch that does not meet the criteria for a conditional use permit under KPB 21.18.081 is prohibited. Justification: This group asked to review a potential amendment to KPB 21.18.075 that explicitly addresses the issue of private boat launches. There are situations where private boat launches are allowed and permitted under KPB 21.18.081 (conditional use permits). See, KPB 21.18.081(B)(9)(private boat launches that serve the public) and KPB 21.18.081(B)(12)(private boat launches on anadromous lakes). This proposed amendment would provide that a private boat launch is prohibited if it does not otherwise fall under a specified conditional use permit and the criteria therein. KPB 21.18.090 Amendment: Prior Existing Status for Private Boat Launches This proposed amendment would address the concern that KPB 21.18.090(E) could be read to exclude private boat launches from prior existing use status. Code Change: … E. Impervious materials placed in the habitat protection district which are not structures are not allowed as either prior existing uses or prior existing structures. The planning department may require removal of these materials. For the purposes of this subsection, the term “impervious materials” does not include a private boat launch established prior to July 2, 2013, that otherwise meets the criteria for prior existing uses under KPB 21.18.090(D). Justification: The term impervious materials would seemingly include a permanent private boat launch. Therefore, current code can be interpreted to say that that private boat launches are both prohibited and may not be granted prior existing use status. If KPB 21.18.075 is amended to specifically prohibit private boat launches that do not meet the criteria of KPB 21.18.075, then the group should consider addressing the prior existing use issue in KPB 21.18.090. DocuSign Envelope ID: 72245648-230B-440C-A1A1-380329E0ED00 Page 3 of 3 January 21, 2021 To: Anadromous Waters Habitat Protection Work Group RE: Private Boat Launch, Prior Existing Uses, Definitions Amendments ____________________________ Additional Definition Amendments – KPB 21.18.140 21.18.140. - Definitions. … “Elevated light penetrating structures” mean structures, including walkways, that are off the ground, allow for sunlight ingress, and constructed in such a manner that allow vegetation to grow up to prevent vegetation trampling and increased sedimentation caused by recreational use activities within the habitat protection district … "Mitigation" means the reduction of adverse effects of a proposed project by considering: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation; 3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate measures; and 5. Compensating for the impact by replacing or providing a comparable substitute. Justification: The group requested to review a definition for “elevated light penetrating structures” which is provided above. In addition, a definition for “mitigation” is required in response to questions about the extent of mitigation that may be imposed by the planning commission. This definition comes from Oregon City, Oregon in relation to its regulations of activities on the Willamette River. DocuSign Envelope ID: 72245648-230B-440C-A1A1-380329E0ED00 The COVID-AROD Video Link: https://youtu.be/WaoitVku7j0 Kristin M Mitchell, MD, FACP Covid-19 Vaccination Update Kenai City Council Meeting 20 January 2021 Covid-19 Vaccination Soldotna, Alaska December 22, 2020 Covid-19Vaccination Completed Soldotna, Alaska January 12, 2021 This is the moonshot of our time Photo credit: Luca D’Urbino The Economist OPERATION WARP SPEED HOW DID WE GET A VACCINE SO QUICKLY? NIH/Moderna Vaccine trial authors “This process demonstrates what is possible in the context of motivated collaboration among key sectors of society, including academia, government, industry, regulators and the larger community.” Many Different Approaches to Designing a Vaccine Source: NY Times, 1/3/21 Source: The Irish Times What is in the Vaccine? Pfizer-BioNTech COVID-19 Vaccine includes the following ten ingredients: mRNA lipids ((4-hydroxybutyl)azanediyl)bis(hexane-6,1-diyl)bis(2-hexyldecanoate), 2 [(polyethylene glycol)-2000]-N,N-ditetradecylacetamide, 1,2-Distearoyl-sn-glycero-3- phosphocholine, and cholesterol) potassium chloride monobasic potassium phosphate sodium chloride dibasic sodium phosphate dihydrate sucrose Or, in English: Salts, sugar, mRNA, in a fat envelope Pfizer BioNTec Vaccine Efficacy Source: NE Journal of Medicine Source: AK DHSS Do we really need a vaccine? Alaska Covid -19 Cases January 19, 2021 Source: DHSS Kenai Peninsula Borough Cases 1/19/2021 Source: DHSS Putting Covid-19 Deaths in Perspective Covid-19 has killed more than 402,000 Americans as of January 19 The 1918 influenza pandemic killed 675,000 Americans 2009 H1N1 pandemic killed 12,469 Americans 116,000 Americans died in World War I 405,000 Americans died in World War II 37,000 Americans died in the Korean War 58,000 Americans died in the Vietnam War Sources: New York Times, CDC, Department of Veteran’s Affairs So, what can we do? •Covidvax.alaska.gov Sign Me Up! How is Alaska doing? •Kenai elected officials for the opportunity to speak tonight •Chris Beaudoin and his volunteer film crew Jane, Mandy, Brandon, Cindy for the COVID-AROD footage •All medical staff and frontline workers who are working so hard to keep us safe and healthy and fed and housed and educated during the pandemic •All of you who are doing your part to keep the community safe and get us back to a healthy economy by wearing masks, maintaining distance and washing hands Thank Yous DON’T MISS YOUR SHOT! COVIDVAX.ALASKA.GOV Who should not get the vaccine? What if I have food allergies? What if I am pregnant or breastfeeding? What if I have COPD/heart disease/diabetes? What about anaphylaxis? What about serious side effects later? Can I choose which vaccine I get? Can I switch brands for the booster? Cases have been falling. When can we stop wearing masks? Can I stop wearing my mask as soon as I get vaccinated? How much will it cost? When will I get my turn? Where will I go for my vaccine? Questions I heard there are tracking chips in the vaccine I heard the vaccine will give me Covid I heard the vaccine causes infertility I heard the vaccine is using fake needles I heard they use fetal tissue to make vaccines I heard 5G technology causes Covid-19 I saw on YouTube than masks activate the virus Rumors and Misinformation Reliable Sources of Information •DHSS dhss.alaska.gov •CDC cdc.gov •CPH hospital cpgh.org/corona •City and Borough websites covidvax.alaska.gov Kenai City Council - Regular Meeting Page 1 of 4 January 20, 2021 Kenai City Council - Regular Meeting January 20, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Dr. Kristin Mitchell - COVID-19 Vaccine Update and Q & A. 2. Joy Merriner, BDO USA, LLP - Presentation of the FY2020 City of Kenai Comprehensive Annual Financial Report, Federal and State Single Audit Reports, and Audit Wrap Up. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED AS AMENDED. Ordinance No. 3177-2021 - Authorizing a Shop Local Economic Stimulus Program to Benefit Kenai Small Businesses And Award of a Professional Services Agreement to the Kenai Chamber of Commerce and Visitor Center for Administration of the Program. • Substitute Ordinance No. 3177-2021 - Authorizing a Shop Local Economic Stimulus Program to Benefit Kenai Small Businesses And Residents And Award of a Professional Services Agreement to the Kenai Chamber of Commerce and Visitor Center for Administration of the Program. 2. ENACTED UNANIMOUSLY. Ordinance No. 3178-2021 - Accepting and Appropriating a COVID Cares Act for Older Adults and Their Caregivers 2021 Grant Passed Through the State of Alaska for Kenai Senior Center Expenditures in Support of its Response to the COVID-19 Public Health Emergency. Kenai City Council - Regular Meeting Page 2 of 4 January 20, 2021 3. ADOPTED UNANIMOUSLY. Resolution No. 2021-01 - Approving Amendments to the Kenai Community Library Policies to Adopt Rules Regarding the Lending of Various Electronic Devices and to Make Housekeeping Changes. 4. ADOPTED UNANIMOUSLY. Resolution No. 2021-02 - Further Extending the Disaster Emergency Declaration for the City of Kenai Made on March 18, 2020 in Response to the COVID-19 Health Emergency. 5. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2021-03 - Supporting an Amendment Under Consideration by the Kenai Peninsula Borough Anadromous Waters Habitat Protection Work Group to Allow Limited Commercial Activities Within the Habitat Protection District in the City of Kenai. 6. ADOPTED UNANIMOUSLY. Resolution No. 2021-04 - Accepting a Quitclaim Deed from the Kenai Peninsula Borough for the Land Described as T.6N., R.11W. Sec. 31, Lots 40, 41, and 42 Containing 3.75 Acres, More Commonly Known as the 4th Avenue Park, for the Public Purposes of Maintaining a Public Park. E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of January 6, 2021. F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over $15,000. 3. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to the Liquor License Renewals for The Bow Bar and The Cannery Lodge. 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/3/2021. *Ordinance No. 3179-2021 - Amending Positions in the Classified Service in the Public Works and Senior Center Departments as Established by the Annual Budget. 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/3/2021. *Ordinance No. 3180-2021 - Amending Kenai Municipal Code 3.05.070-Citation Procedure, and Kenai Municipal Code 13.10.015 – Minor Offense Fine Schedule to Incorporate Various Animal Control Offenses into the Minor Offense Fine Schedule and Make Other Housekeeping Changes. 6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/3/2021. *Ordinance No. 3181-2021 - Waiving Kenai Municipal Code 21.10.130 - Lease Execution and Approving a Lease Execution Extension to July 27, 2021 to Kenai Aviation Operations, LLC for Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. 7. APPOINTMENT OF DAVID PECK CONFIRMED. Action/Approval - Confirmation of Mayoral Nomination for Appointment to Harbor Commission. Kenai City Council - Regular Meeting Page 3 of 4 January 20, 2021 8. APPROVED UNANIMOUSLY AS AMENDED. Action/Approval - Supporting a Transportation Program for Individuals Receiving COVID-19 Vaccinations at Locations in Kenai. 9. APPROVED UNANIMOUSLY. Action/Approval - Supporting an Amendment to the Grant Agreement with the Kenai Peninsula Food Bank of Alaska. 10. Discussion - Development of City of Kenai Business Stimulus / Incentive Programs. 11. Discussion - Kenai Fine Arts Center Remodel Update. 12. Discussion - COVID-19 Response. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks & Recreation Commission 5. Planning & Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS Kenai City Council - Regular Meeting Page 4 of 4 January 20, 2021 1. Purchase Orders Between $2,500 and $15,000. The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. 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