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HomeMy WebLinkAbout2021-04-07 Council PacketKenai City Council - Regular Meeting Page 1 of 4 April 07, 2021 Kenai City Council - Regular Meeting April 07, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** 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. Steven Rouse - Kenai Peninsula Housing Initiatives (KPHI) Report on Senior and Affordable Rental Housing on City of Kenai Donated Land. 2. Pat Porter - Kenai Dog Park Update. 3. Coy West - Presentation on City of Kenai Marketing. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 3196-2021 - Accepting and Appropriating Federal Funds from the Institute of Museum and Library Services Passed Through the Alaska State Library for Employee Training. 2. Ordinance No. 3197-2021 - Amending Kenai Municipal Code Section 23.50.010 - Employee Classification, to Amend the Class, Title, and Range, to Include a Capital Projects Manager. 3. Ordinance No. 3198-2021 - Amending Kenai Municipal Code Section 1.15.130 - Telephonic Participation, to Provide for Remote Electronic Participation. Page 1 Kenai City Council - Regular Meeting Page 2 of 4 April 07, 2021 4. Ordinance No. 3199-2021 - Conditionally Waiving Certain Provisions of Title 17- Public Utilities and Enterprises, Related to Penalty, Interest and Shutoff for Nonpayment of Fees for Water and Sewer Utility Customers that Certified to the City That They Were Impacted by COVID-19 Pursuant to the City Manager’s Executive Order No. 2 During the Effective Period of the City’s Emergency Disaster Declaration. 5. Ordinance No. 3200-2021 - Accepting and Appropriating an Amendment to 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. 6. Ordinance No. 3201-2021 - Increasing Estimated Revenues and Appropriations in the Airport Fund and Appropriating Funds in the Airport Snow Removal Equipment Capital Project Fund for the Purchase of Snow Removal Equipment – Multi-Purpose Broom/Blower. 7. Ordinance No. 3204-2021 - Increasing Estimated Revenues and Appropriations in the General Fund to Provide Funding for Approved Small Businesses Grants in Excess of Budgeted Amounts for the Grant Disbursement Program for Small Businesses that Did Not Previously Apply for Full Assistance from the City in 2020. 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Adoption (Requires Five Affirmative Votes) 8. Resolution No. 2021-20 - Adopting Policy No. 2021-01, Procedures for Selecting and Appointing a Qualified Person or Persons to Fill Vacancies on the City Council. 9. Resolution No. 2021-21 - Approving Development Incentives for a Lease of Airport Reserve Lands for Schilling Rentals, LLC., on Lot 5A, Block 1, FBO Subdivision 2018 Replat. 10. Resolution No. 2021-22 - Authorizing a Budget Transfer in the Airport Fund, Airfield Department and Authorizing Award of a Contract for Sand Screening. 11. Resolution No. 2021-23 - Approving an Administrative Permit Process for Commercial Removal of Dead or Dying Trees from City Property. E. MINUTES 1. *Regular Meeting of March 17, 2021. F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. 2. *Action/Approval - Liquor License Renewals for Three Bears and Playa Azul. 3. *Ordinance No. 3202-2021 - Amending Kenai Municipal Code Sections 1.15.120, Rules Of Order, and 1.90.050, Proceedings, to Adopt the Most Current Edition of Robert’s Rules Page 2 Kenai City Council - Regular Meeting Page 3 of 4 April 07, 2021 of Order Newly Revised as the Adopted Rules of Parliamentary Procedure for the City Council and for City Boards, Commissions, and Committees. 4. *Ordinance No. 3203-2021 - Accepting and Appropriating a Volunteer Fire Assistance Grant from the United States Department of Agriculture Forest Service Passed Through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. 5. Action/Approval - Special Use Permit to Kenai Home Builder's Association for the Use of the Multipurpose Facility. 6. Action/Approval - Confirmation of Mayoral Nomination for Appointment to Beautification Committee. 7. Discussion - Condition of the Kenai Recreation Center. 8. Discussion - Spruce Bark Beetle Mitigation Planning. 9. Discussion - Hazard Pay for City Employees. 10. Discussion - COVID-19 Response. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 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 Page 3 Kenai City Council - Regular Meeting Page 4 of 4 April 07, 2021 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. Join Zoom Meeting https://us02web.zoom.us/j/82166791799 Meeting ID: 821 6679 1799 Passcode: 737448 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 821 6679 1799 Passcode: 737448 Page 4 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3196-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING FEDERAL FUNDS FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES PASSED THROUGH THE ALASKA STATE LIBRARY FOR EMPLOYEE TRAINING. WHEREAS, the Kenai Community Library has received $784 in grant funds from the Institute of Museum and Library Services (IMLS), passed through the Alaska State Library, for Continuing Education expenses of four staff members; and, WHEREAS, the total cost for the Continuing Education classes is $784; and, WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate these grant funds for the purpose intended. 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 four Continuing Education grants totaling $ 784 from IMLS passed through Alaska State Library for four staff members to attend online classes. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Federal Grants - Library $ 784 Increase Appropriations – Library – Travel and Transportation $ 784 Section 3. That the City Manager is authorized to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this ordinance. 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. Page 5 Ordinance No. 3196-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 7th day of April, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: Introduced: March 17, 2021 Enacted: April 7, 2021 Effective: April 7, 2021 Page 6 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: March 8, 2021 SUBJECT: Ordinance 3196-2021 - Continuing Education Grants The Alaska State Library receives funds from the Institute of Museum and Library Services to pay for continuing education grants. These funds allow staff members to attend continuing education workshops or conferences. The Kenai Community Library has been awarded $784 for four staff members to each enroll in one distant learning class. Topics include cataloging, collection management, reader’s advisory, and other fundamental library competencies. I respectfully request consideration of the ordinance and accepting and appropriating these grant funds. Page 7 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3197-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 23.50.010 – EMPLOYEE CLASSIFICATION, TO ADD THE CLASS TITLE AND RANGE FOR A CAPITAL PROJECT MANAGER POSITION. WHEREAS, pursuant to KMC 23.20.020, the classification plan shall be revised as changing positions require it, with the recommendation of the City Manager and the approval of the City Council; and, WHEREAS, such revisions may consist of the addition, abolishment, consolidation, division, or amendment of the existing classes; and, WHEREAS, the City, based on the amount of projects already funded as well as the proposed projects identified within the FY2022-2026 Capital Improvement Plan has a sufficient demand to support the need for this position; and, WHEREAS, the Public Works Director and Human Resource Director worked with the City Manager to create a new position description, classification, grading and title for a Capital Projects Manager to reflect the current needs of the City in the area of Capital Improvement Projects; and, WHEREAS, the updated position description for a Capital Projects Manager reflects the scope and responsibility of the newly created position in a role graded appropriately at a range 18; and, WHEREAS, in order to recruit and hire a Capital Projects Manager under this newly created position in advance of the upcoming construction season requires an increase to the Capital Projects Management Fund in the adopted FY2021 Budget; and, WHEREAS, this addition of a position does not require an increase to the adopted FY2021 Budget as the cost of the position will be recovered from projects managed; and, WHEREAS, the City Manager recommends updating the organizational structure within the Public Works Department and the employee classification within the Public Works class to allow for staffing the Capital Project Manager position with a salary range befitting the experience level of candidates qualified for the responsibilities of the position. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is code ordinance. Page 8 Ordinance No. 3197-2021 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 2. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.50.10, Employee Classification, is hereby amended as follows: (d) PUBLIC WORKS 400 Capital Project Manager 18 401 Building Official/Manager 17 402 Shop Foreman 16 403 Street Foreman 16 404 Wastewater Treatment Plant Operator II 13 405 Water and Sewer Operator II 13 406 Water and Sewer Operator I 10 407 Equipment Operator 11 408 Shop Mechanic 14 409 Equipment Lead Operator 14 410 Water and Sewer Foreman 16 412 Building Maintenance Technician 12 413 Wastewater Treatment Plant Lead Operator 14 414 Sewer Treatment Plant Foreman 16 415 Wastewater Treatment Plant Operator I 10 417 Airport Operations Specialist 11 418 Airport Operations Supervisor 15 419 Building Maintenance Lead Technician 14 420 Water and Sewer Lead Operator 14 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. Page 9 Ordinance No. 3197-2021 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 thirty (30) days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: March 17, 2021 Enacted: April 7, 2021 Effective: May 7, 2021 Page 10 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin DATE: March 9, 2021 SUBJECT: Ordinance No. 3197-2021 – Capital Project Manager Position The purpose of this memo is to request Council’s approval to hire a Capital Projects Manager for the Public Works Department as a new full-time salaried position. Currently, the Public Works Director is responsible for all Capital Projects from inception to completion. With the development of this past year’s Capital Improvement Plan, which forecasted projects out in detail for the next five years, and the continued ongoing assessments of our aging City facilities and assets, it has become clear that the amount of projects in front of us supports the demand for this position. Fulfillment of this position will allow the Public Works Department to better serve the City by allowing for projects to be released and finished more quickly. The construction season is relatively short, and the number of projects that would need to be ongoing at the same time has proven to be too much for one individual to manage effectively. The City Council should also be aware this position is intended to be funded directly by the projects themselves. An additional appropriation of funds to the Public Works Administration is not anticipated to be required at this time to cover this position. Council’s support is respectively requested, and I am available to answer any questions Council may have. Page 11 Page 12 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Vice Mayor Molloy CITY OF KENAI ORDINANCE NO. 3198-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 1.15.130 – TELEPHONIC PARTICIPATION, TO PROVIDE FOR REMOTE ELECTRONIC PARTICIPATION IN COUNCIL MEETINGS BY COUNCIL MEMBERS. WHEREAS, telephonic participation in Council meetings was provided for beginning in 2005 to increase participation by allowing members to take part in meetings when work or family matters require their absence from Kenai; and, WHEREAS, during the COVID-19 Public Health Emergency ordinances were suspended allowing for remote electronic participation, virtually; and, WHEREAS, providing virtual remote electronic participation has proved to provide a better experience for the Council member participating remotely and those participating in-person; and, WHEREAS, additional improvement in remote participation by a Council member could be provided by installing a camera to provide the Council member participating remotely, a view into the room; and, WHEREAS, the Council recognizes that it is vital for Council members to have effective participation in meetings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 1.15.130 – Telephonic Participation of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.15.130 – Telephonic Participation, is hereby amended as follows: 1.15.130 [TELEPHONIC] Remote electronic participation. (a) A member of the Council may participate via [TELEPHONE] electronic means in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via [TELEPHONE] electronic means, the Vice-Mayor or president pro tempore shall preside. (b) No more than the first three (3) members to contact the Clerk regarding [TELEPHONIC] remote electronic participation in a particular meeting may participate via [TELEPHONE] electronic means at any one (1) meeting unless it is a special meeting called to consider an emergency action, in which case all members may participate [TELEPHONICALLY] via remote electronic participation. Page 13 Ordinance No. 3198-2021 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (c) The member shall notify the Clerk’s office as soon as reasonably practical, but not less than two (2) hours prior to the start of the Council meeting that the member proposes to attend by [TELEPHONE] remote electronic means. Such notification shall state the reason for [TELEPHONIC] remote electronic participation and, if needed, shall provide the telephone number, and any available facsimile, email, or other document transmission service. Failure to provide the notification within the period of time provided herein shall result in the member’s exclusion from attendance of a Council meeting through [TELEPHONIC] remote electronic participation. The Clerk shall notify all Council members of the request. (d) At the meeting, the Clerk shall establish the [TELEPHONE] appropriate connection when the call to order is imminent. (e) A member participating by [TELEPHONE] remote electronic means shall be counted as present for purposes of discussion, voting, constituting a quorum and attendance. (f) The member participating by [TELEPHONE] remote electronic means shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection, if necessary. (g) The member participating by [TELEPHONE] remote electronic means may ask to be recognized by the Chair to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by [TELEPHONE] remote electronic means at the member’s expense. (i) If the [TELEPHONE] remote electronic connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk shall attempt to establish or restore the connection. (j) Meeting times shall be expressed in Alaska [T]Time regardless of the time at the location of any member participating by [TELEPHONE] remote electronic means. (k) Participation by [TELEPHONE] remote electronic means shall be allowed for regular, special and work session meetings of the Council. (l) Remarks by members participating by [TELEPHONE] remote electronic means shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive session the remarks shall be audible only to those included in the executive session. (m) As used in these rules, “[TELEPHONE] electronic means” means any system for synchronous two (2) or more way voice and/or virtual communication. “Mayor” includes the Vice-Mayor or any other member serving as president pro tempore. (n) Each Council member may attend a maximum of four (4) regular meetings by [TELECONFERENCE] remote electronic means during the twelve (12) month period starting November 1st of each year unless an exception provided below applies and any number of special meetings or work sessions. (o) A Council member may attend an additional two (2) meetings by [TELECONFERENCE] remote electronic means during a twelve (12) month period starting November 1st of each Page 14 Ordinance No. 3198-2021 Page 3 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or extended medical care and treatment or death of the member’s immediate family. (p) A Council member may attend an additional two (2) meetings by [TELECONFERENCE] remote electronic means during a twelve (12) month period starting November 1st of each year when the member is traveling on Council approved City business. (q) In this section, “immediate family” means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal marriage, a child (including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person’s spouse. (r) In this section “City business” means anytime a member is traveling or in a location outside the City on behalf of the City or attending training, as approved by Council and in compliance with the Council Travel Policy. (s) In this section “emergency action” means any action which in the judgment of Council is necessary for the immediate preservation of public peace, health or safety. Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Introduced: March 17, 2021 Enacted: April 7, 2021 Effective: May 7, 2021 Page 15 City of Kenai I 210 l=idalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.kenai.cily MEMORANDUM TO: CC : FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council City Manager, City Clerk , City Attorney Bob Molloy, Vice Mayor March 9, 2021 Ordinance 3198-2021, Amending KMC 1.15.130 To Provide For Remote Electronic Participation In Council Meetings By Council Members When the City's declaration of the COVID-19 Public Health Emergency ends , Code for remote participation by council members at council meetings and work sessions will revert back to KMC 1.15.130 Telephonic participation; the means for a council member's remote participation will be limited to participation by telephone only. Ordinance 3198-2021 will amend KMC 1.15.130 to allow council member participation by electronic means in regular, special and work session meetings of the Council. Th is ordinance does not propose any other changes to existing KMC 1.15.130. No more than three council members who are absent will be able to participate virtually, either visually or by telephone , through the City's virtual platform, subject to the other limitations in KMC 1.15.130. The cost for this initial step is minimal. This ordinance does not apply to the City's other Boards , Commissions and Comm ittees . For example, this ordinance does not apply to Council acting as a Board of Adjustment in appeals from a Planning and Zoning Commission decision under KMC 14.20.290. Because those appeals are quasi -judicial matters , KMC 14.20.290(d) provides that: "Members of the Board of Adjustment must be present in person for hea rings held on appeals in orde r to participate in renderi ng a decision or voting on an appeal."1 Th is ordinance also does not apply to the public . Council can discuss and may adopt a policy or policies to allow virtual public participation , using the City's vi rtual platform, at Council meetings and work sessions and at meetings of the City's other Boards , Commissions and Committees . Council's consideration and support is appreciated . 1 Sim ilarl y, the P&Z Co mmiss ion's ordin a nce on telephonic pa rticip ation allows only Commi ssion ers who are presen t in person to vote on m atte rs and ag e nd a items th at m ay be app ea led to th e Boa rd of Adjustment. See, KMC 14.05.025(e). Page 16 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: March 9, 2021 SUBJECT: Ordinance No. 3198-2021 In order to provide for video conferencing for remote electronic participation for Council members, the City would need to maintain the basic hosting license for video conferencing software. At this time, the cost for that is $150 per year. Additionally, a better experience could be provided to the Council members participating remotely by purchasing and installing a camera in Council chambers. The cost for this would be $500 or less. There are sufficient funds in the FY2021 Legislative Miscellaneous budget to cover this cost in FY2021. The FY2022 Draft Budget includes sufficient funding to maintain the current level of video conferencing to allow for the in-person/virtual hybrid meetings we have been conducting due to COVID-19. Once it is determined safe to eliminate the hybrid structure, the licensing will be reduced to the basic licensing and sufficient funding will be included in future proposed budgets. Your consideration is appreciated. Page 17 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3199-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONDITIONALLY WAIVING CERTAIN PROVISIONS OF TITLE 17- PUBLIC UTILITIES AND ENTERPRISES, RELATED TO PENALTY, INTEREST AND SHUTOFF FOR NONPAYMENT OF FEES FOR WATER AND SEWER UTILITY CUSTOMERS THAT CERTIFIED TO THE CITY THAT THEY WERE IMPACTED BY COVID-19 PURSUANT TO THE CITY MANAGER’S EXECUTIVE ORDER NO. 2 DURING THE EFFECTIVE PERIOD OF THE CITY’S EMERGENCY DISASTER DECLARATION. WHEREAS, the Federal government, State government and City all made various disaster declarations during the COVID-19 public health emergency; and, WHEREAS, as a part of the State’s disaster declaration, the State enacted SB 241, that amongst many other actions, prohibited utilities from disconnecting residential utility customers experiencing financial hardship related to the public health disaster emergency; and, WHEREAS, the State’s moratorium on disconnection of residential utility costumers has since expired; and, WHEREAS, pursuant to the City’s disaster declaration, the City Manager issued Executive Order No. 2 that provided that penalty and interest would not accrue on commercial and residential water and sewer accounts, and that these services would not be shut off during the Disaster Declaration as long as the customers certified they were impacted by COVID-19; and, WHEREAS, the City’s moratorium on penalty, interest and shutoffs for water and utility services for those who certified they were impacted by COVID-19 is effective until the end of the City’s Disaster Declaration; and, WHEREAS, while the City has worked with its utility customers in preparing for an end of the City’s moratorium, it is in the best interest of the City and its utility customers to waive certain provisions of Title 17- Public Utilities and Enterprises, related to penalties, interest and shutoff to allow a reasonable opportunity for utility customers to get caught up on late payments, and remain current on current fees for continued water and sewer services at the expiration of the City’s Disaster Declaration. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That notwithstanding KMC 17.05.070 Rules, Regulations and Rates, KMC 17.05.080 Penalty for Late Payment, KMC 17.15.070 Rules Regulations and Rates and KMC 17.15.080 Penalty for Late Payment, as well as any applicable water and sewer regulations, City of Kenai Utility Customers that certified they were impacted by COVID-19 during the City’s Page 18 Ordinance No. 3199-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] declared Disaster Emergency for purposes of City of Kenai utility services will not be assessed penalty and interest, or be subject to shutoff for late, or non-payment of water and sewer utility fees incurred during the City’s declared Disaster Declaration for a period of 60 days after the expiration of the City’s Disaster Declaration. During this 60 day time period customers may enter into a payment agreement with the City, which will provide for continued waiver of penalty and interest of past due amounts incurred during the City’s Disaster Declaration subject to conformance with the terms of the payment agreement, including keeping current of water and sewer fees incurred after the termination of the disaster declaration. The Payment Agreements may be for any time period not exceeding two years, and may be conditioned on the signing of a Confession of Judgment. Nothing in this ordinance, nor in the payment agreement will affect identical provisions in KMC 17.05.080, and 17.15.080 that provide “overdue and unpaid water and sewer utility charges, plus any penalty or interest owing, shall become a lien against the property served.” If after 60 days after the expiration of the City’s Disaster Declaration, the customer has not entered into a payment agreement with the City, or if any terms of a payment agreement with the City are breached, the City will impose penalty and interest on late payments as of the date of the breach or the end of the 60 day period, whichever is applicable and will proceed with collections efforts pursuant to City Code and any applicable terms of the payment agreements. Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment or at the end of the City’s declared Disaster Declaration, whichever is later. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: March 17, 2021 Enacted: April 7, 2021 Effective: *, 2021 Page 19 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: March 5, 2021 SUBJECT: Ordinance 3199 – 2021 City of Kenai Delinquent Utility Accounts Pursuant to the City’s Disaster Emergency Declaration, on March 26, 2020, the City Manager issued Executive Order No. 2, which provided that penalty and interest would not accrue on commercial and residential water and sewer accounts and that these services would not be shut off during the Disaster Declaration as long as the customer certified they were impacted by COVID-19. This Executive Order, which supersedes City Code, will expire as soon as the Disaster Declaration expires, and pursuant to City Code, the balance due on delinquent accounts will begin to accrue penalty and interest and be subject to shut off. This Ordinance will provide a 60 day grace period at the end of the City Disaster Declaration, whenever that may be, to allow City water and sewer utility customers to enter into a payment agreement with the City. The agreements will provide for a two year period in which water and sewer utility customers may pay late due balances, along with current balances without the imposition of any penalty or interest and long as the terms of the agreements are complied with. As part of the payment agreements, the customers will be required to sign a confession of judgment. If no payment agreement is executed, or the terms of the agreements are breached, penalty and interest will be imposed on a go-forward basis, and the City will pursue normal collection efforts. Your consideration is appreciated. Page 20 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3200-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING AN AMENDMENT TO 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 many 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, in February, 2021, the State of Alaska provided another opportunity for grantees to request additional funding under the COVID Relief for Older Adults and their Caregivers grant FY21; and, WHEREAS, the Kenai Senior Center has received notice and has also been awarded $xx,xxx in additional funding through this grant; 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: Page 21 Ordinance No. 3200-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 1. That the City Manager is authorized to accept a grant in the amount of $xx,xxx from 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 Pandemic. Section 2. That the estimated revenues and appropriations be increased as follows: Senior Citizen Fund: Increase Estimated Revenues – Federal Grants $xx,xxx Increase Appropriations – Equipment $xx,xxx Supplies xx,xxx $xx,xxx 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 7th day of April, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: _________________ Introduced: March 17, 2021 Enacted: April 7, 2021 Effective: April 7, 2021 Page 22 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: March 9, 2021 SUBJECT: Ordinance No. 3200-2021 – COVID CARES Act for Older Adults and Their Caregivers 2021 Grant 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. We received an opportunity to apply for additional funds through an amendment to the COVID Relief for Older Adults and their Caregivers Program. The funding from this grant is to be utilized from April 1, 2021 – June 30, 2021. The Senior Center’s application requested funding for a new Alto-Sham holding oven, a commercial deep fryer, additional stainless tables, and reusable water bottles for our senior population. We anticipate hearing the final amount of the amendment any day. As the funds are to be spent by June 30, 2021, we are requesting approval to introduce this Ordinance without the final amount to ensure we can fulfill the grant timeline. Your support for Ordinance No. 3200-2021 is greatly appreciated. Page 23 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: April 1, 2021 SUBJECT: Ordinance No. 3200-2021 – Requested Amendments Ordinance No. 3200-2021 as introduced at the March 17, 2021 Council meeting was to accept additional funding from the State of Alaska for COVID -19 expenditures. It was believed at that time the additional funding would be awarded through the COVID CARES Act for Older Adults and their Caregivers 2021 Grant. On March 31, 2021, after the Council Agenda was already published for the April 7, 2021 Council Meeting, we were notified the State instead chose to award the additional funding through the Department of Health & Social Services, Nutrition, Transportation, and Support Services (NTS) FY21 Grant thus requiring amendments to the original ordinance prior to adoption. Following are the amendments necessary to accurately revise the ordinance to reflect required corrections: Amend the title of the Ordinance to read: AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING AN AMENDMENT TO A TITLE III GRANT PASSED THROUGH THE STATE OF ALASKA FOR KENAI SENIOR CENTER EXPENDITURES IN SUPPORT OF ITS RESPONSE TO THE COVID-19 PUBLIC HEALTH EMERGENCY. Amend the forth WHEREAS to read: WHEREAS, the State of Alaska, Department of Health and Social Services, Division of Senior and Disabilities Services requested proposals from current NTS grantees to provide additional support services to older adults and people with disabilities in the community during the COVID- 19 Public Health Emergency; and, Amend the fifth WHEREAS to read: WHEREAS, the Kenai Senior Center has been awarded a $22,000 amendment to its FY21 NTS grant for services offered beginning March 1, 2021 – June 30, 2021; and, Page 24 Page 2 of 2 Delete the seventh and eighth WHEREAS’s: Replace $xx,xxx in Section 1 to $22,000. Replace the Federal Grants amount in Section 2 from $xx,xxx to $22,000, Change the Equipment amount from $xx,xxx to $18,000, and change the Supplies amount from $xx,xxx to $4,000. Thank you for your consideration and support. Page 25 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3201-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT FUND AND APPROPRIATING FUNDS IN THE AIRPORT SNOW REMOVAL EQUIPMENT CAPITAL PROJECT FUND FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT – MULTI- PURPOSE BROOM/BLOWER. WHEREAS, the 1993 OSHKOSH Multi-purpose broom/blower is out-of-service and has exceeded its useful life; and, WHEREAS, this multi-purpose unit has had the engine rebuilt three times and requires another engine and clutch rebuild with repairs starting at $45,000; and, WHEREAS, this multi-purpose unit was scheduled for replacement in FY22; however, due to the extensive and costly repairs needed, the Federal Aviation Administration (FAA) supports adding the replacement of this unit to the FY21 program; and, WHEREAS, new and reliable equipment will improve the Airport’s capability to effectively address snow and ice conditions with dependable equipment aiding safe aircraft operations; and, WHEREAS, snow removal equipment is Airport Capital Improvement Plan (AIP) eligible and grant funds are expected in the spring of 2021; and, WHEREAS, the City intends to advertise an Invitation to Bid in April 2021 to have a bid in hand for the grant application in May 2021; and, WHEREAS, at that time a follow-up ordinance will be provided to Council showing the final costs, appropriating the FAA grant funds, and City share; and, WHEREAS, this appropriation is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: Airport Special Revenue Fund: Increase Estimated Revenues – Appropriation of Fund Balance $800,000 Increase Appropriations – Page 26 Ordinance No. 3201-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Transfer to Airport Snow Removal Equipment Capital Fund $800,000 Airport Snow Removal Capital Project Fund: Increase Estimated Revenues – Transfer from Airport Special Revenue Fund $800,000 Increase Appropriations – Equipment $800,000 Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3 Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 2021 BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: Introduced: March 17, 2021 Enacted: April 7, 2021 Effective: April 7, 2021 Page 27 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant, Airport Manager DATE: March 9, 2021 SUBJECT: Ordinance No. 3201-2021 – Fund Appropriation for Airport Snow Removal Equipment The Airport is proposing to advertise an Invitation to Bid in April 2021 for a new piece of Snow Removal Equipment (SRE). The 1993 Oshkosh Multipurpose unit has exceeded its useful life, and repairs again are extensive and costly. This unit was scheduled in the Airport Capital Improvement Plan for replacement in FY22; however, it is down and out of service. We are electing to move forward as soon as possible for replacement due to the 300 day build time on this unit. The Airport is down to one snow blower. The FAA is in full support of the adding of this pop-up project to the FY21 program and provided direction to move forward with an Invitation to Bid. The timeline for submitting FY21 grant applications is May 3, 2021. Thank you for your consideration. Page 28 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3204-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND TO PROVIDE FUNDING FOR APPROVED SMALL BUSINESS GRANTS IN EXCESS OF BUDGETED AMOUNTS FOR THE GRANT DISBURSEMENT PROGRAM FOR SMALL BUSINESSES THAT DID NOT PREVIOUSLY APPLY FOR FULL ASSISTANCE FROM THE CITY IN 2020. WHEREAS, on April 9, 2020, President Donald J. Trump approved a Disaster Declaration for the State of Alaska; and, WHEREAS, on May 20, 2020, the City Council enacted Ordinance 3130-2020 accepting Federal CARES ACT funding passed through the State of Alaska for expenditures in response to the COVID-19 Public Health Emergency; and, WHEREAS, on June 3, 2020, the City Council passed Resolution 2020-39, approving a $3,000,000 Grant Disbursement Program for Small Businesses and Non-Profit Organizations Utilizing Funds from the CARES Act with an application period of June 4, 2020 to June 19, 2020; and, WHEREAS, on July 1, 2020, the Council amended the Grant Disbursement Program to re-open the application period from July 10, 2020 to July 17, 2020 to allow additional businesses and non- profits impacted by the COVID-19 pandemic to seek relief without materially affecting available future funding; and, WHEREAS, on September 2, 2020, the Council amended the Grant Disbursement Program to provide a second round of grants, with an application period of October 1, 2020 to October 30, 2020 that increased the amount available to City of Kenai businesses so that the total of the City grants equaled the size of the business grants offered by the Kenai Peninsula Borough to borough businesses located outside of the City limits; and, WHEREAS, Administration reached out to numerous businesses that did not apply during one or all of the grant application periods to determine why they did not apply, with the primary reasons given being that their business was faring well at the time, they felt the funds should go to other businesses that had a greater need, and in some cases missing the opportunity to apply; and, WHEREAS, the magnitude and length of the COVID-19 pandemic is still unknown, and its associated negative impacts to our economy are still creating uncertainty for local businesses; and, Page 29 Ordinance No. 3204-2021 Page 3 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, on February 17, 2021, the Council enacted Ordinance No. 3190-2021 approving a grant disbursement program for small businesses that did not previously apply for full assistance from the City in 2020 benefiting businesses that previously did not have a need, or missed the grant opportunities for some other reason and appropriated $200,000 to fund the program; and, WHEREAS, the application period for the program opened on February 22, 2021 and closed March 22, 2021 with the City receiving 16 total applications and approving 11 for a payment total of $233,250, exceeding the amount appropriated for the program by $33,250; and, WHEREAS, pursuant to KMC 1.15.70(d) the City may introduce and finally pass on the same day, an ordinance making, repealing, transferring or otherwise changing an appropriation; and, WHEREAS, introduction and passage of this ordinance ensures payment to all of the eligible businesses is not unnecessarily delayed and the grant funds can be utilized as quickly as possible to offset impacts to these businesses due to the COVID-19 pandemic; and, WHEREAS, the success of the City is dependent upon the success of the local economy and its businesses, and increasing the appropriation by $33,250 to provide full grant funding for all eligible businesses that applied 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 estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $33,250 Increase Appropriations – Non-Departmental Grants to Others $33,250 $33,250 Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 2021. BRIAN GABRIEL SR., MAYOR Page 30 Ordinance No. 3204-2021 Page 3 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: __________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: __ _______________ Introduced: April 7, 2021 Enacted: April 7, 2021 Effective: April 7, 2021 Page 31 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: March 24, 2021 SUBJECT: Ordinance 3204-2021 – Providing Funding for Approved Small Business Grants in Excess of Budgeted Amounts for the Grant Opportunity for Businesses that Did Not Previously Apply for Full Assistance in 2020 The purpose of the memo is to recommend introduction and adoption of Ordinance 3204-2021 at the April 7, 2021 meeting of the Kenai City Council Introduction and Adoption in a Single Meeting. Generally, Ordinances are introduced at one meeting and voted on at the subsequent meeting to provide public notice of the action at two separate meetings. KMC 1.15.070(d), as cited below, provides for introduction and passage of appropriating ordinances in a single meeting. KMC 1.15.070(d) No ordinance, except an emergency ordinance or an ordinance making, repealing, transferring, or otherwise changing appropriations, may be finally passed on the same day that it is introduced. By unanimous consent of all Council Members present, such ordinances may be read a second time and then, by the required vote, be passed on the same day on which they are introduced. All persons present shall be given an opportunity to be heard before the vote on final passage. Since COVID-19 began impacting the daily lives of our residents in March of 2020, the administration has worked diligently to identify areas of need in the community and recommend ways in which the City could help meet those needs. When Federal CARES Act funding was made available through the State, and later, when additional funding was provided through the Kenai Peninsula Borough, it was clear that utilizing a portion of these funds to support our business community was going to be essential to offset the negative economic impacts of the pandemic. City Council approved a first round of grants that included small businesses and non-profit entities for the period of June 4-19, 2020, and re-opened the first round for an additional period of July 10-17, 2020. Council then authorized a second round of grants for small businesses for the period of October 1-30, 2020. Depending on the business’ total gross sales, Kenai businesses were eligible for up to $35,000 in grants from the City through these programs. Page 32 Page 2 of 2 On February 17, 2021, the Council enacted Ordinance No. 3190-2021 approving a grant disbursement program for small businesses that did not previously apply for full assistance from the City in 2020, benefiting businesses that previously did not have a need or missed the grant opportunities for some other reason and appropriated $200,000 to fund the program. The application period for the program opened on February 22, 2021 and closed March 22, 2021, with the City receiving 16 total applications and approving 11 for a payment total of $233,250, exceeding the amount appropriated for the program by $33,250. Ordinance 3204-2021 appropriates an additional $33,250 to provide full grant funding for all eligible businesses that applied. Introduction and adoption of this ordinance is being requested so that payment to these eligible businesses is not unnecessarily delayed and the grant funds can be utilized as quickly as possible to offset impacts to these businesses due to the COVID-19 pandemic. As a reminder, grant amounts under this program are not in excess of what other City businesses received or what was offered to Kenai Peninsula Borough businesses outside of the City limits. Your consideration is appreciated. Page 33 _____________________________________________________________________________________ Sponsored by: City Clerk CITY OF KENAI RESOLUTION NO. 2021-20 A RESOLUTION OF THE CITY OF KENAI, ALASKA, ADOPTING POLICY NO. 2021-01, PROCEDURES FOR SELECTING AND APPOINTING A QUALIFIED PERSON OR PERSONS TO FILL VACANCIES ON THE CITY COUNCIL. WHEREAS, from time to time due to resignations and other reasons set out in Kenai Charter and Kenai Municipal Code, vacancies occur in the City Council; and, WHEREAS, Kenai Charter Section 2-9 provides that the City Council, by a majority vote of its remaining members, shall fill a vacancy; and, WHEREAS, to provide for transparency in filling Council vacancies, it is appropriate for there to be an adopted procedure in place. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That Council Policy 2021-01 Procedures for Selecting and Appointing a Qualified Person or Persons to Fill Vacancies on the City Council, as attached hereto, is adopted. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 2021. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, MMC, City Clerk Page 34 Attachment A for Resolution No. 2021-20 POLICY NO. 2021-01 – PROCEDURES FOR SELECTING AND APPOINTING A QUALIFIED PERSON OR PERSONS TO FILL VACANCIES ON THE CITY COUNCIL. A. Declaring the Seat(s) Vacant 1. The City Council, due to a resignation or for reasons prescribed by Kenai Charter or Kenai Municipal Code, must declare a City Council seat vacant, set a timeframe for advertising the vacancy or vacancies, set a deadline for applications to be submitted, and direct the City Clerk to administer the procedure. B. Advertising and Application Procedures 1. The City Clerk shall advertise the vacancy or vacancies, together with the deadline, at least two (2) times by publication in a newspaper of general circulation, by posting on the official bulletin board of the City at City Hall, and by posting on the City’s website. 2. For consideration, each interested person will be required to submit a letter of interest and their resume by the deadline set by Council. 3. Each applicant’s residency and eligibility to serve on the Council will be confirmed by the City Clerk and the resumes and letters of interest will be included in the Council packets for the work session or meeting set for conducting interviews. 4. The Mayor and the City Clerk will work together to schedule necessary meetings and/or work sessions depending on the number of applications received. 5. Each applicant, in addition to the City Council, will be provided with the packets of the meeting(s) in which the interviews and appointment(s) will take place. C. Conducting Interviews 1. When conducting interviews, each candidate will have five minutes to make a statement and then additional time to answer questions from the Council. D. Appointment Procedures 1. At the Regular or Special Meeting after the interviews are conducted, Appointment of a City Council Member or Members shall appear on the agenda. In the event of the appointment(s) taking place at a Regular Meeting the matter will appear after Unscheduled Public comments and before Public Hearings. 2. In the event multiple appointments are being made at the same meeting, one appointment will be made at a time. The Mayor will announce which seat is being considered which can be identified by the term expiration of that seat. Any candidates eliminated during the first appointment process may be considered for subsequent appointments in the same application process / meeting. 3. At the Regular or Special Meeting, at the appropriate time on the agenda, the Council will make and pass a motion to begin the voting process by secret ballot. Page 35 Attachment A for Resolution No. 2021-20 a. In the event there is only one candidate for an open seat, Council may skip all secret ballot voting and make a motion to appoint the candidate. 4. Council Members will be given a ballot and asked to vote for two candidates. The votes will be read out loud and tallied by the Clerk. The candidates that receive one or fewer votes will be eliminated and Council Members will again be given a ballot and asked to vote for two of the remaining candidates. In order to provide for a fair and transparent process, Council Members will not vote for the same candidate twice on one ballot. Council Members may vote for an individual candidate once, on multiple ballots, until the candidate is eliminated or appointed. This process will take place until there are two candidates remaining. Once two candidates remain for the identified seat, Council Members will be given a ballot and asked to vote for one candidate. The votes will be read aloud and tallied. The outcome will be determined by a simple majority of the remaining Council. If at any time during the voting process there is a tie, and the tie isn’t broken after two votes, the tie shall be broken by lot, as provided in Kenai Municipal Code in the case of a tie in an election. If more than a two-way tie, straws may be drawn to eliminate an appropriate number of candidates and in a two-way tie, a coin may be tossed. a. In the event there are only two candidates for the open seat, step 4 may be skipped and the voting process can begin with Council Members voting for one candidate in step 5. b. The Council, by motion, could decide to not appoint any candidates and start a new recruitment period or extend the existing recruitment period. c. In the event the number of Council Members remaining pursuant to Kenai Charter 2-9(a) is such that candidates receiving one vote need to be be retained, the elimination of candidates receiving one vote may be disregarded. 5. Once voting for one of two candidates for the seat, when one of the candidates receives a simple majority of votes, or it’s decided by lot, Council will make and pass a motion to appoint that person to fill the vacant seat. This process will be repeated until all seats are filled. E. Oath and Term 1. After the motion(s) to appoint the candidate(s) has passed, the winner(s) will be sworn in and take their seat(s) on the Council immediately. 2. The person(s) appointed serves until the next regular election pursuant to Kenai Charter 2-9. Effective Date: April 7, 2021 Established by Resolution No. 2021-20 Page 36 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Jamie Heinz, City Clerk DATE: March 17, 2021 SUBJECT: Resolution No. 2021-20 After the recent exercise to select and appoint a person to fill a vacancy on City Council, I was asked to bring forth a policy for adoption, utilizing the procedures that were followed. This resolution and associated policy accomplishes that and I attempted to write the procedures in a generic way that would work for appointing a single candidate or multiple candidates. As a reminder, this process is very similar to the process followed in Soldotna, Seward, Palmer, Bethel, and Ketchikan in recent history. The one change made in this process which is different from the process followed in December is that any candidate with one or fewer votes would be automatically removed. This would prevent ties with candidates receiving one vote and move the process along more effectively. There is a clause that waives this in the event the number of Council Members remaining is small enough that retaining candidates that receive one vote is beneficial to the process. Your consideration is appreciated. Page 37 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2021-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING DEVELOPMENT INCENTIVES FOR A LEASE OF AIRPORT RESERVE LANDS FOR SCHILLING RENTALS, LLC., ON LOT 5A, BLOCK 1, FBO SUBDIVISION 2018 REPLAT. WHEREAS, the Kenai City Council approved of a 45-year lease application from Schilling Rentals on March 18, 2020, for Lot 5A, Block 1, FBO Subdivision 2018 Replat to be used as a hangar for rotor and fixed wing aircraft and crew quarters; and, WHEREAS, Schilling Rentals submitted an application for temporary development incentives that meets requirements of Kenai Municipal Code 21.10.100, Temporary Development Incentives, on March 26, 2021; and, WHEREAS, Schilling Rentals has provided an estimated value of $200,000 for the following eligible work activities: clearing and grubbing, unclassified excavation, classified excavation, and utility extensions; and, WHEREAS, Kenai Municipal Code 21.10.100 requires Council approval of temporary development incentives; and, WHEREAS, the project will enhance public safety and quality of life while providing economic development on property leased from the City within the Kenai Municipal Airport Reserve. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the temporary development incentives with an estimated value of $200,000 for the following eligible work activities: clearing and grubbing, unclassified excavation, classified excavation, and utility extensions is approved for credit for temporary development incentives. Credit may be applied towards rent for a maximum of five (5) years. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Page 38 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: March 30, 2021 SUBJECT: Resolution No. 2021-21 – Approving Development Incentives for a Lease to Schilling Rentals City Council approved a 45-year lease application from Schilling Rentals on March 18, 2020, for Lot 5A, Block 1, FBO Subdivision 2018 Replat to be used as a hangar for rotor and fixed-wing aircraft and crew quarters. A lease has been delivered to Schilling Rentals, and Council approved a lease execution extension to May 31, 2021 due to unforeseen circumstances of the COVID-19 public health emergency and its impact on business plans. Kenai Municipal Code 21.10.100 requires Council approval of temporary development incentives. This resolution will approve development incentives for this lease. A Development Incentive Application was received on March 26, 2021 for an estimated value of $200,000 for the following eligible work activities: clearing and grubbing, unclassified excavation, classified excavation, and utility extensions. If approved by Council, the applicant will still need to provide an estimate of the value of the work, including a scope of work, prepared by a qualified engineer licensed to work in Alaska to the City and accepted prior to work being performed. In addition, a certification from a qualified engineer that the accepted scope of work has been completed must be provided to the City and accepted at the completion of the site preparation work in order for the credit to be applied towards rent for a maximum of 5 years. The annual rent for the first year of the lease is $13,114.88. Thank you for your consideration. Attachment: City of Kenai Lease Development Incentive Application received March 26, 2021 from Schilling Rentals Page 39 City of Kenai Lease Development Incentive Application !Application Date : Applicant Information Name of Applicant: SCHILLING RENTALS LLC Mailing Addre ss: PO BOX 3426 lcity: KENAI !state: IAK lzip Code:l 99611 Phon e Num be r(s): Home Phon e: Wo rk/ Message Phon e : 907-283-7556 E-mail : (Optional) admin@schillingrentalsllc .com Lease Information Eligible development To qualify for a le ase credit toward rent for a maximum of five years, a n app lica nt for a ne w lease , extension, or renewal must complete commercia l development on t he property within two yea rs to rece ive the credit , which is based on the value of site preparation wo rk on th e leased premises. Examples of eligible work in clude: c learing a nd grubbing , uncl ass ifi ed excavation, classified f ill a nd back fill, a nd utility extens io ns . Required documentation 1. An estim ate of the value of the work, including a scope of work, prepared by a qu a lifi ed engin ee r li ce ns ed t o work in Alaska must be provided to the C ity and accept ed prior to work being performed . Any c ha nges to the esti mate must be provided to th e City and accept ed prior t o work being performed to be e ligi b le for th e cred it. 2. A ce rtification from a q ualifi ed e ngine er th at th e accepted scope of wo rk has been co mpl eted must be provided to th e City and accepted at the co mpl eti on of th e work for the c red it to be a ppli ed. Applica tion is for: D Exis tin g Lease Property IBl New Land Le ase Application De scripti o n of property: 413 N WILLOW ST. Description of work to be co m pleted: [8] C lea rin g a nd g rubbin g [8] Uncl assified Excava ti on IBl Classified Excavat ion [8] Utility Extensions D Other: Estimated va lu e of work: $200,000.00 Estimated start date: Estimated comp letion date: Attachment(s): D Scope of work D Other: By signing and dating be low, th e applicant agrees to fulfill t he above req uirements a nd understands that if th ese requirements a re not met, the appli cant will not be eli gible for a development cred it toward rent. Signature : Print Name: For City Use Only: 0 General Fund 0 Airport Fund MICHAEL SCHILLING 0 Airport Reserve Land 0 Outside Airport Reserve Date: 3/26/2021 Title: MEMBER Date Application Received: Date Scope of W ork Approved: Amount of C red it Applied: Page 40 Lease Application 413 North Willow Street Kenai Peninsula Borough Parcel #: 04336049 Lot 5A, FBO Subdivision 2018 Replat February 2020 Page 41 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2021-22 A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER IN THE AIRPORT FUND, AIRFIELD DEPARTMENT AND AUTHORIZING AWARD OF A CONTRACT FOR SAND SCREENING. WHEREAS, Ordinance No. 3182-2021 passed at the February 17, 2021, appropriated $50,000 from the Airport Special Revenue Fund to advertise a bid seeking assistance with the screening of Airport owned sand for snow and ice control; and, WHEREAS, on February 21, 2021, a formal invitation to bid was released for a contract to screen 6,000 CY of Airport owned sand that meets FAA specifications with bids due on March 24, 2021; and, WHEREAS, two responsive bids were received: Contractor Lump Sum Bid Triangle Recycling, LLC $ 58,800 Dibble Creek Rock Ltd. $ 96,000 ; and, WHEREAS, additional funds are necessary to award the bid and sufficient funds are available in the Airport Special Revenue Fund; and, WHEREAS, award of a contract to Triangle Recycling, LLC, the lowest responsive bidder, is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the following budget revision is authorized. Airport Fund: Decrease Expenditures: Airfield – Repair & Maintenance $ 8,800 Increase Expenditures: Airfield – Operating & Repair Supplies $ 8,800 Section 2. That the City Manager is authorized to execute a contract with Triangle Recycling, LLC in the amount of $58,800 for screening of Airport-owned sand for use during winter operations at the Kenai Municipal Airport. Section 3. That this resolution takes effect immediately upon passage. Page 42 Resolution No. 2021-22 Page 2 of 2 _____________________________________________________________________________________ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 2021. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Page 43 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant, Airport Manager DATE: March 29, 2021 SUBJECT: Resolution No. 2021-22 – Authorizing Award of a Contract for Sand Screening In efforts to reduce Airfield operating costs, a formal Invitation to Bid was advertised on February 21, 2021 seeking assistance with screening Airport owned sand to meet the Federal Aviation Administration (FAA) recommendations of Advisory Circular 150/5200-30D. Meeting these specifications will allow the Airport to use the sand for snow and ice control on the Airport. The Airport has previously rented a screening plant and screened the sand ourselves over the past three years. However, the company sold the screening plant, and the Airport paid approximately $30,000 for 1,500 CY of FAA spec’d sand in FY21. A sand stockpile of 6,000 CY will give the Airport 3-4 years of sand, representing a cost savings of approximately $60,000. Thank you for your consideration. Page 44 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2021-23 A RESOLUTION OF THE CITY OF KENAI, ALASKA, APPROVING AN ADMINISTRATIVE PERMIT PROCESS FOR COMMERCIAL REMOVAL OF DEAD OR DYING TREES FROM CITY PROPERTY. WHEREAS, the City of Kenai is heavily infested with spruce bark beetles; and, WHEREAS, the infestation has spread rapidly throughout the City, causing widespread stands of dead or dying spruce trees with thousands currently under threat or risk of becoming infected; and, WHEREAS, these dead or dying trees adversely affect the quality of life in our community by posing a public safety hazard and exacerbating the fire conditions; and, WHEREAS, minimizing fire danger, improving safety, and preventing further destruction and loss involves completely removing the trees; and, WHEREAS, it is in the City’s best interest to allow the commercial removal of dead or dying spruce trees on City property utilizing a permit process for commercial tree removal on City of Kenai lands; and, WHEREAS, approving an administrative permit process for commercial users with no fee will encourage the removal of dead trees from City property allowing available commercial uses of the wood and reducing the hazards presented by dead or dying trees. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That City Administration is authorized to issue permits for the removal of dead or dying trees from City property utilizing the permit form attached hereto in the same or similar form without further Council approval. The City Administration’s authority to issue the permits is not obligatory and permits may be issued or denied in the best interest of the City. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 2021. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, MMC, City Clerk Page 45 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: April 1, 2021 SUBJECT: Resolution 2020-23 – Permit Process For Commercial Removal Of Dead Or Dying Trees From City Property The City of Kenai is heavily infested with spruce bark beetles, and the infestation has spread rapidly throughout the City, causing widespread stands of dead or dying spruce trees with thousands currently under threat or risk of becoming infected. These dead or dying trees adversely affect quality of life in our community by posing a public safety hazard and exacerbating the fire conditions. It is in the City’s best interest to allow the commercial removal of dead or dying spruce trees on City property utilizing a permit process for commercial tree removal on City of Kenai lands. This Resolution requests approval of a commercial permit process for the removal of dead or dying trees from City property without any associated fee and allows for administrative approval of permits when it is determined by City administration to be in the City’s best interest. Your consideration is appreciated. Page 46 Commercial Tree Removal Permit for City of Kenai Lands City of Kenai Parks & Recreation Office | 907.283.8261 | www.kenai.city Business name: Contact name: Contact address (mailing): Contact phone number: Contact email address: IRS AK business license number: Attach a Certification of Insurance (see Section 4 for requirements), AK Business License, and a Kenai Peninsula Borough Tax Compliance Certification with your application. 1. Please provide a description of the property you wish to remove tree(s) on (Borough parcel number(s) or physical address): 2. Please attach a picture or diagram showing the tree(s) you would like to remove and include any nearby hazards such as building or other improvements, utility lines, roads, etc. ☐ Attached 3. Please describe the reason you would like to remove the tree(s), i.e., selling firewood, mulch, mill operation, etc. Section 1 – Applicant Information City: State: Zip: Section 2 – Property Information Page 47 4. Please describe how the tree(s) will be felled and removed (chainsaw, hand tools, use of a contractor, truck, snow machine, other equipment, etc.): 5. Please describe how the City property where the tree removal is requested will be accessed (from what road, property or adjacent trail): 6. Slash must be removed from the property. The City may assist in slash removal. Please describe your slash removal plan including any coordinated efforts with the City. For and in exchange for my being allowed to fell, cut and remove trees on City of Kenai property I, ___________________________(print Business owner or manager name), hereby agree to defend, indemnify, and hold harmless and to fully and forever release, discharge, and exonerate the City of Kenai, its employees, officers, directors, volunteers, agents, successors, assigns, and all others acting on its behalf (the City) from any and all claims, demands, actions, lawsuits, and controversies of every kind and nature for any and all injuries, death, damages, and/or losses of every kind and nature arising directly or indirectly out of or related to my felling, cutting and removal of any trees and associated debris on City of Kenai Property. This Release extends to all such injuries, death, damages, and/or losses whether presently known or unknown, suspected or unsuspected, or disclosed or undisclosed. I understand that the City makes no representations whatsoever as to the safety of the property, or safety of the activity of felling, cutting or removing trees and associated debris and understand and acknowledge that there may be known or unknown hazards on the City of Kenai’s property. I understand and acknowledge that the activity of felling, cutting and removing trees and associated debris is a dangerous activity that may result in severe bodily injury, illness, death, and/or property damage of all kinds. These risks are associated with the felling, cutting and removal of trees and associated debris on City of Kenai property. I recognize and accept all risks associated with, arising out of, or relating to felling, cutting and removal of trees and associated debris on City of Kenai Property. It is my express intent that this Release of Liability, Hold Harmless, and Indemnity Agreement shall bind myself, the members of my family, and my heirs, assigns, agents, administrators, personal representative(s), and next of kin and that this Agreement shall be deemed to be a release, a waiver, a discharge of liability of the City, a hold harmless agreement, an indemnity agreement, and a covenant not to sue the City. I understand and agree that I will not receive any monetary compensation for any time or services related to the felling, cutting, or removal of trees or associated debris on City of Kenai Property. I understand that by signing this Agreement I am giving up substantial legal rights and/or remedies which may otherwise be available to me and to my family. I further certify that I am 18 years of age or older. I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THE ABOVE. Signed: Date: Printed Name: Title:  Section 3 – Release of Liability, Hold Harmless, and Indemnity Agreement Page 48 Pursuant to the statements made above and the signed RELEASE OF LIABILITY, HOLD HARMLESS, AND INDEMNITY AGREEMENT, the City grants the right to ____________________________________________________________ (print business name) PERMITTEE to remove dead, infested, and decadent spruce and birch for firewood, timber uses, community fuel reduction, forest health, and wildlife habitat benefits from the following described City Property:______________________________________________________ on the following dates________________________________________ with the following limitations: 1. PERMITTEE must be onsite at all times during all activities associated with tree removal 2. PERMITTEE must keep a copy of the permit prominently displayed in the vehicle window or available for inspection by City officials onsite 3. Tree removal may not take place during a burn suspension 4. Only dead, dying or diseased trees (standing or down) may be removed 5. Associated debris or “slash” (branches and other residue left after the felling of timber) may not be left on the property under the following conditions: 6. No cutting within 100’ of a body of water or stream unless written permission is granted by the City of Kenai 7. All stumps and/or piles resulting from firewood cutting must not exceed a height of twelve inches (12”) above the ground 8. PERMITTEE shall not fell any trees that could fall in such a way to endanger power lines or other utility facilities 9. The burial of waste or trash is prohibited. Waste must be transported off site daily 10. City property may only be accessed by______________________________(print name) 11. If property is accessed by equipment off established roads or trails, it must be done in a manner as to minimize soil and vegetation disturbance. 12. Storage of petroleum products is allowed in amounts necessary for activities required on the property only upon condition that PERMITTEE exercise proper care, handling, and safe and proper storage. Fuel may not be placed within 100 feet of any wetland or the mean or ordinary high water mark of any lakes, streams, or other bodies of water. Fuel must be stored in leak proof containers and placed within a secondary containment. 13. No new roads or trails are authorized under this permit. PERMITTEE shall not restrict public access to State waters or City-owned land except as necessary to create safe working conditions to perform the permitted activities, protect personal property or public safety. The paved trail lying on the adjacent property, to the East, shall not be used as a travelway for the activities permitted herein. 14. All survey monuments, witness corners, reference monuments, mining claims posts, bearing trees and subdivision monumentation shall be protected against destruction, obliteration or damage. 15. PERMITTEE shall not disturb historic or prehistoric resources. Should previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance be discovered, the site shall be protected from further disturbance and PERMITTEE shall immediately cease activities and report such discovery to both the City and the State Historic Preservation Office. 16. No open fires or burning is permitted on City property unless a City of Kenai Burn Permit has been obtained for the property location. 17. PERMITTEE shall take immediate action to suppress uncontrolled fires and report them to the proper authorities as soon as possible. 18. PERMITTEE shall conduct all operations on the parcel in a safe manner and in accordance with generally accepted best management practice 19. Insurance requirements: Section 4 – Commercial Tree Removal Permit Page 49 The Proposer must, at Proposer’s own expense, throughout the term of the Agreement secure and maintain the following insurance: a. Comprehensive general liability insurance, including premises, all operation, 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; b. Worker’s compensation insurance with coverage for all employees engaged in work under this Agreement as required by AS 23.30.045 (Proposer is responsible for worker’s compensation insurance for any sub- proposer who directly or indirectly provides services under this Agreement); and, c. 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. All insurance required must also meet the following requirements: i. For comprehensive general liability and automobile liability insurance, name the City of Kenai as an additional insured; ii. For workers 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’ written notice before any termination, cancellation, or material change in insurance coverage is effective; and, iv. Be issued by a company/corporation currently rated “A-“or better by A.M. Best. 20. This permit conveys to PERMITTEE no interest in the property, and in no way constitutes a preference to PERMITTEE for sale, lease, or permit renewal of this property. This permit is revocable immediately for cause without notice. It is issued for authorized purposes to PERMITTEE. The permit represents a non-exclusive privilege authorizing special use of City land. Violation of permit conditions or the conduct of activities not authorized by this permit will result in permit revocation and may result in a claim for damages by the City and other civil or criminal penalties as applicable under law. PERMITTEE shall remove all chattels or improvements placed on the land by PERMITTEE within 30 days of permit revocation. The City may, at its option, direct that all activity under this permit stop until a violation of the permit conditions is corrected. Continued activity after notice to stop will be deemed a trespass by the City. The City reserves the right to permit other land use in the permit area, provided the City determines that such use will not unduly impair the PERMITTEE'S activities. Should circumstances warrant, this permit may be modified or suspended in writing by the City to protect resources, health, safety, and the environment. 21. This permit may not be transferred or assigned without prior written approval by the City. 22. Upon written notification from the City, PERMITTEE may be required to suspend work if ground, weather, fire danger level, or road conditions become unsuitable for conducting tree removal work and PERMITTEE shall immediately cease operations until notified with instructions to resume operations when conditions allow. 23. Activities allowed under this permit are: Removing hazard trees, and dead, infested, and decadent spruce and birch for firewood and other timber uses, as described in the Application, made a part of this permit by reference. 24. All activities shall be conducted in a manner that will minimize land disturbance and will not cause a change in the character of the land or damage water courses, shorelines, or natural drainage patterns. Page 50 25. PERMITTEE shall be liable for damage to any City-owned property resulting from this activity. Damages resulting from the activities shall be restored, repaired or replaced by PERMITTEE at PERMITTEE'S expense; failure to repair damages subjects PERMITTEE to all available remedies the City has at law or equity. The election of one remedy will not prohibit the City from pursuing any and all of the available remedies 26. All activities shall avoid harming or disturbing bald eagles or their nest sites in accordance with the Bald Eagle Protection Act (16 USC 668). 27. Cutting of live trees or vegetation is prohibited for use as firewood. The gathering of wood from dead and down trees on the property is allowed within the course of activities listed. 28. Only temporary structures may be placed on the PROPERTY and shall be located not less than seventy-five (75) feet from the mean or ordinary high-water mark of all lakes, streams, or other bodies of water. Temporary structures are defined as being removable within forty-eight (48) hours’ notice. 29. The property must be kept in a clean and sanitary condition and every effort shall be made to prevent the pollution of waters. Sanitary facilities shall be in accordance with the State of Alaska, Department of Environmental Conservation regulations. 30. PERMITTEE is responsible for the safety of all persons conducting activities on the property under this permit. PERMITTEE agrees to provide clientele with information regarding rules and regulations and other information pertaining to the property and the permit. 31. No provision of this permit shall be construed to create a partnership or joint venture or any other arrangement between the City and PERMITTEE where the City would be in any way responsible for debts, losses, or liabilities of PERMITTEE. 32. Any other conditions: Approved by: Date: Print Name: Title: By Signing this Permit Agreement, the PERMITTEE agrees to abide by all terms and conditions of this Permit, including but not limited to the statements made above and the signed RELEASE OF LIABILITY, HOLD HARMLESS, AND INDEMNITY AGREEMENT. PERMITTEE name: Date: PERMITTEE signature: Title: Page 51 City of Kenai Council Meeting Page 1 of 10 March 17, 2021 KENAI CITY COUNCIL – REGULAR MEETING MARCH 17, 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 March 17, 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 J.1. City Manager’s Report • FY2021 Efficiencies Report MOTION: Vice Mayor Molloy MOVED to approve the agenda with the requested additions, and with the revision of moving Resolution 2021-18 to be considered first under public hearings. Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda Page 52 City of Kenai Council Meeting Page 2 of 10 March 17, 2021 MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT; and Council Member Askin SECONDED the motion. The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment; 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 C. UNSCHEDULED PUBLIC COMMENTS D. PUBLIC HEARINGS 6. Resolution No. 2021-18 - Authorizing an Amendment of the Shop Local Economic Stimulus Program to Extend the Dates of the Program and Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with the Kenai Chamber of Commerce and Visitor Center for Administration of the Program. [Clerk’s note: During Agenda Approval this item was moved to the top of Public Hearings.] MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2021-18 and Vice Mayor Molloy SECONDED the motion. Mayor Gabriel opened for public hearing; Duane Bannock thanked the Council for the shop local program on behalf of his business, and remarked on the excellent job the Chamber of Commerce has done administering the program. He stated his support for extending the program through this resolution, and urged Council to consider extending the grocery program as well, now that has expended its funds. He suggested that the two programs be combined, or to move funds from the shop local program to the grocery program. There being no one else wishing to be heard, the public hearing was closed. UNANIMOUS CONSENT was requested. Page 53 City of Kenai Council Meeting Page 3 of 10 March 17, 2021 City Manager Ostrander provided an update on the Shop Here All Year program, reporting that a total of $135,050 in vouchers had been paid out during the first six weeks of the program and the Chamber of Commerce has reported a recent increase in applications. Discussion included whether or not the shop local program could be merged with the grocery program. It was explained that at the current rate, the majority of the funds will be used through shop local program and adding the grocery program would require an appropriation of additional funds. In addition, the effort of running the combined program would be similar to that of running the two programs concurrently and the Chamber has expressed staffing concerns. VOTE: There being no objection; SO ORDERED. 1. Ordinance No. 3195-2021 - Accepting and Appropriating Funds in the Airport Fund, and Accepting Grants from the Federal Aviation Administration Under the Coronavirus Response and Relief Supplemental Appropriation Act, 2021. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3195-2021 and Vice Mayor Molloy 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 that the funds could be divided into two buckets, one to be used for operational expenses and the other for rent relief for lessees and concessionaires. It was noted that funds would not be used for flight tour businesses that utilize the airport, only for businesses located at the airport. VOTE: YEA: Gabriel, Askin, Glendening, Knackstedt, Molloy, Pettey, Winger NAY: MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2021-14 - Further Extending the Disaster Emergency Declaration for the City of Kenai Made on March 18, 2020 in Response to the COVID-19 Health Emergency. MOTION: Council Member Winger MOVED to adopt Resolution No. 2021-14 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 : Page 54 City of Kenai Council Meeting Page 4 of 10 March 17, 2021 Council Member W inger MOVED to amend Resolution No. 2021-14 to change the end date in both section 1 and the last whereas clause to May 31, 2021. Vice Mayor Molloy SECONDED the motion. UNANIMOUS CONSENT was requested for the amendment. VOTE: There being no objection; SO ORDERED. Clarification was provided that if the resolution passes, it will be extended until school is out of session and more people are vaccinated. MOTION TO AMEND: Council Member Winger MOVED to amend Resolution No. 2021-14 to change the last Whereas to reflect that the declaration would be extended for 61 days. Vice Mayor Molloy SECONDED the motion. UNANIMOUS CONSENT was requested for the amendment. VOTE: There being no objection; SO ORDERED. UNANIMOUS CONSENT was requested for main motion as amended VOTE: There being no objection; SO ORDERED. 3. Resolution No. 2021-15 - Approving Development Incentives Per Kenai Municipal Code 21.10.100. for a Lease of Airport Reserve Lands Between the City of Kenai and Alaska Air Fuel, Inc. on 2.52± Acre Portion of Lot 5, FBO Subdivision No. 8. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2021-15 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. Clarification was provided that Resolution No. 2021-15 is also related to Resolution No. 2021-16 and the Special Use Permit to Alaska Air Fuel, Inc. for Office, Parking and Utilities that are items on this agenda. Alaska Air Fuel has a lease with the City for this property that is approaching the one-year deadline for execution of that lease, but it is being held up by a subdivision plat that needs to be approved by the Borough. Alaska Air Fuel wants to begin immediate work on the property but they don’t have a property right to it at this time, so the Special Use Permit would allow them to. Resolution No. 2021-16 provides for an extension of the period where they can sign that lease, and the development incentives are only applicable once the lease is signed. This legislation together allows Alaska Air Fuel to get on the property earlier than the lease would allow but still allow them to enter the lease when the subdivision plat is completed, once that is done they would be eligible for the development incentives. UNANIMOUS CONSENT was requested. Page 55 City of Kenai Council Meeting Page 5 of 10 March 17, 2021 VOTE: There being no objection; SO ORDERED. 4. Resolution No. 2021-16 - Approving an Application Extension Until October 8, 2021 Per Kenai Municipal Code 21.10.050 for Alaska Air Fuel, Inc. for a 2.52± Acre Portion of Lot 5, FBO Subdivision No. 8. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2021-16 and Vice Mayor Molloy SECONDED the motion. Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 5. Resolution No. 2021-17 - Authorizing a Budget Transfer Within the General Fund – Buildings Division for Professional Services as a Result of Personnel Vacancy. MOTION: Council Member Askin MOVED to adopt Resolution No. 2021-17 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. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 6. Resolution No. 2021-18 - Authorizing an Amendment of the Shop Local Economic Stimulus Program to Extend the Dates of the Program and Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with the Kenai Chamber of Commerce and Visitor Center for Administration of the Program. [Clerk’s note: During Agenda Approval this item was moved to the top of Public Hearings.] 7. Resolution No. 2021-19 - Authorizing an Agreement for Professional Engineering Services to Begin Assessments for the Master Plan for Water & Sewer Facilities and Equipment. MOTION: Vice Mayor Molloy MOVED to adopt Resolution No. 2021-19 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. Page 56 City of Kenai Council Meeting Page 6 of 10 March 17, 2021 It was noted that this resolution is a continuation of the discussion Council has had regarding the upgrades and efficiencies to our water and sewer facilities, and compliments were given to Public Works Director Curtin for the sequential and on-point updates to development of this program. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. E. MINUTES 1. *Regular Meeting of March 3, 2021. Approved by the consent agenda. G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval - Purchase Orders Over $15,000. Approved by the consent agenda. 3. *Ordinance No. 3196-2021 - Accepting and Appropriating Federal Funds from the Institute of Museum and Library Services Passed Through the Alaska State Library for Employee Training. Introduced by the consent agenda and Public Hearing set for April 7, 2021. 4. *Ordinance No. 3197-2021 - Amending Kenai Municipal Code Section 23.50.010 - Employee Classification, to Amend the Class, Title, and Range, to Include a Capital Projects Manager. Introduced by the consent agenda and Public Hearing set for April 7, 2021. 5. *Ordinance No. 3198-2021 - Amending Kenai Municipal Code Section 1.15.130 - Telephonic Participation, to Provide for Remote Electronic Participation. Introduced by the consent agenda and Public Hearing set for April 7, 2021. 6. *Ordinance No. 3199-2021 - Conditionally Waiving Certain Provisions of Title 17- Public Utilities and Enterprises, Related to Penalty, Interest and Shutoff for Nonpayment of Fees for Water and Sewer Utility Customers that Certified to the City That They Were Impacted by COVID-19 Pursuant to the City Manager’s Executive Order No. 2 During the Effective Period of the City’s Emergency Disaster Declaration. Introduced by the consent agenda and Public Hearing set for April 7, 2021. Page 57 City of Kenai Council Meeting Page 7 of 10 March 17, 2021 7. *Ordinance No. 3200-2021 - Accepting and Appropriating an Amendment to 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 April 7, 2021. 8. *Ordinance No. 3201-2021 - Increasing Estimated Revenues and Appropriations in the Airport Fund and Appropriating Funds in the Airport Snow Removal Equipment Capital Project Fund for the Purchase of Snow Removal Equipment – Multi- Purpose Broom/Blower. Introduced by the consent agenda and Public Hearing set for April 7, 2021. 9. Action/Approval - Special Use Permit to Alaska Air Fuel, Inc. for Office, Parking and Utilities. MOTION: Council Member Knackstedt MOVED to approve the Special Use Permit to Alaska Air Fuel, Inc. for Office, Parking and Utilities. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 10. Discussion - COVID-19 Response. City Manager Ostrander reported that there is one employee in COVID-19 protocol and one hospitalization at Central Peninsula Hospital. He noted that he had volunteered at the vaccination clinic held by the Fire Department at the Beacon facility last Saturday, and he was proud of the Fire Department’s professionalism and how it reflects on the City. The Senior Center had begun providing transportation for medical appointments Monday through Wednesday, group activities have been increasing every week, and they are working towards in-house dining starting in April. 11. Discussion - Set Meetings for Council Personnel Evaluations. Options for dates and scheduling were suggested and discussed. The evaluation dates were set for the City Clerk and City Attorney on April 20, 2021, and City Manager on April 22, 2021. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging – Council Member Pettey reported on the actions of the March 11, 2021 meeting. Next meeting April 8, 2021. 2. Airport Commission – Council Member Knackstedt reported on the actions of the March 11, 2021 meeting. Next meeting April 8, 2021. 3. Harbor Commission – No report, cancelled due to lack of agenda items. Next meeting April 12, 2021. Page 58 City of Kenai Council Meeting Page 8 of 10 March 17, 2021 4. Parks and Recreation Commission – Council Member Winger reported on the actions of the March 4, 2021 meeting. Next meeting April 1, 2021. 5. Planning and Zoning Commission – Council Member Glendening reported on the actions of the March 10, 2021 meeting. Next meeting March 24, 2021. 6. Beautification Committee – No report. Next meeting April 13, 2021. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel encouraged everyone to get out and enjoy the additional daylight and remarked that springtime is on the way. J. ADMINISTRATION REPORTS 1. City Manager - City Manager P. Ostrander reported on the following: • Efficiencies Report included in the laydown, which shows a lot of effort from every Department in the City to save money; • Budget work session to be scheduled in April, and recommended Council schedule it April 24th; • The appropriated amount for small business grants has been exceeded, and legislation will be brought to Council in order to match the applications. Until then, everyone will be paid up to the last applicants who will be notified that their payment is delayed pending Council actions; • Kenai Peninsula Borough Ordinance 2020-45 rewrote much of the platting code, Administration reviewed and doesn’t feel there will be significant impacts to the City; • Changes to the Borough’s anadromous ordinance: Borough’s Planning Commission approved and will be recommending Assembly adopt it as code. Discussed possibility of exclusion of north shore of the river where the bluff project goes, and is confident that the conditional use permit process in place will allow permitting to occur; • Former Mayor Pat Porter will try to kick-start the dog park program, and has a meeting scheduled for July; • Recognized the excellent work of City Clerk Jamie Heinz, noting that she was a key player in the City’s marketing program, is a member of the COVID-19 Incident Management Team, supported multiple department with their efficiencies initiatives, and is overall a great employee; • Bluff project update: City has received five promising proposals which are being reviewed, will be working on negotiations and hopefully get it in front of Council at the next meeting; • Borough administrative policy states that every five years the City of Kenai will not have a representative on the Borough’s Planning Commission, and he would like to work with Borough Administration and encourage them to modify that policy so that the four seats on the Commission consistently are represented by the four municipalities that have the largest amount of population. 2. City Attorney – No report. Page 59 City of Kenai Council Meeting Page 9 of 10 March 17, 2021 3. City Clerk – City Clerk J. Heinz reported on the following: • Working on a policy for filling a Council vacancy, legislation will be put forth at the next Council meeting; • New edition of Roberts Rules of Order has been published, will put forth an ordinance to amend code; • Noted that the Tarbox platform sign is up; • Helping Administration to develop administrative processes using Laserfiche software. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) - None 2. Council Comments Council Member Glendening noted he appreciated the spirited discussions Council has been having, and that members of the public have been enjoying it as well. He also noted he was pleased that Shop Here All Year was extended, because he’d been getting overwhelmingly positive feedback. He mentioned the upcoming land sales and updates on the Doctor’s Cabin, and was glad we’re moving forward on main initiatives like the Bluff Stabilization Project and the anadromous project, and thanked the City Manager for pursuing representation on the Kenai Peninsula Borough Board. Council Member Pettey echoed Council Member Glendening’s comments on moving forward with bluff stabilization, each step, and is looking forward to ribbon cutting and the joyous celebration of the community. Council Member Winger noted upcoming events like the kite festival, Easter egg hunt, 4th of July parade, air show, Mountain View Elementary bike rodeo, and school graduations. She encouraged volunteering and donations for the events that are in need of support. She also suggested having a work session for a walkthrough of Kenai Recreation Center before the City takes over management from the Boys & Girls Club, noting her concern for leaks in roof and possible mold. Council Member Askin noted that she had with vouchers for grocery program at the Chamber of Commerce, and is looking forward to the airport ribbon-cutting and all upcoming summer events. Wished everyone a Happy Saint Patrick’s Day. Vice Mayor Molloy also wished everyone a Happy Saint Patrick’s Day. He acknowledged and thanked Council Members Winger and Askin for their volunteer efforts at the Chamber. Noted that last year we looked forward to the Return of the Salmon party but it was cancelled, and he is hoping we can have it this year. Council Member Knackstedt noted the Efficiencies Report and appreciated the work that went into it. L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. Page 60 City of Kenai Council Meeting Page 10 of 10 March 17, 2021 N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000. 2. Kenai Peninsula Orchestra Letter of Thanks There being no further business before the Council, the meeting was adjourned at 7:58 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of March 17, 2021. _____________________________ Jamie Heinz, MMC City Clerk Page 61 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: APRIL 7, 2021 VENDOR DESCRIPTION PERS PERS PREMERA BLUE CROSS MARCH PREMIUM INVESTMENTS VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 97 ,562.62 VARIOUS LIABILITY 226,486.61 MATURITY DATE AMOUNT Effect. Int. Page 62 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: March 19, 2021 SUBJECT: Liquor License Renewals The following establishments submitted an application to the Alcohol and Marijuana Control Office for renewal of their liquor licenses: • Ramon Gonzalez D/B/A Playa Azul • Three Bears Alaska, Inc. D/B/A Three Bears 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 63 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Jamie Heinz 3/1/2021 1:33:16 PM (Form Submission) Approve by Jeremy Hamilton 3/16/2021 9:32:40 AM (Fire Marshall Review) Inspection scheduled for 3/16 Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: March 10, 2021 5:00 PM 3/1/2021 1:33 PM Approve by Michael Wesson 3/1/2021 1:36:29 PM (Building Official Review) Th e task was assign ed to Michael Wesson. Th e du e date i s: March 10, 2021 5:00 PM 3/1/2021 1:33 PM Approve by Jamie Heinz 3/2/2021 10:08:03 AM (Police Department Review) No objections per B. Langham. Jami e Hei nz assi gned th e task to Jamie Hein z 3/2/2021 10:07 AM Th e task was assign ed to Jamie Hein z, David Ross. Th e du e date i s: March 10, 2021 5:00 PM 3/1/2021 1:33 PM Approve by Tina Williamson 3/2/2021 9:47:50 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: March 10, 2021 5:00 PM 3/1/2021 1:33 PM Approve by Cindy Herr 3/1/2021 3:43:18 PM (Legal Asst Review) No outstanding monies owed in restitution or traffic citations. Th e task was assign ed to Cin dy Herr. The d ue d ate is: March 10, 2021 5:00 PM 3/1/2021 1:33 PM Approve by Wilma Anderson 3/1/2021 3:12:10 PM (Lands Review) The applicant does not have any outstanding land issues. Th e task was assign ed to Wilma An derson. Th e du e date i s: March 10, 2021 5:00 PM 3/1/2021 1:33 PM Approve by Terry Eubank 3/2/2021 10:00:37 AM (Finance Review) Th e task was assign ed to Terry Eu ban k. Th e du e date i s: March 11, 2021 5:00 PM 3/2/2021 9:47 AM Approve by Scott Bloom 3/2/2021 10:08:38 AM (Legal Review) Th e task was assign ed to Scott Bl oom. Th e du e date i s: March 11, 2021 5:00 PM 3/2/2021 9:47 AM Approve by Ryan Foster 3/9/2021 4:15:00 PM (P&Z Department Review) Th e task was assign ed to Ryan Foster. The d ue d ate is: March 11, 2021 5:00 PM 3/2/2021 9:47 AM Page 64 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 3/1/2021 Establishment Information Restaurant or Eating Place Ramon Gonzalez Playa Azul 12498 Kenai Spur Hwy #1 Kenai, AK Contact Information Ramon Gonzalez 907-283-2010 ruizr7058@gmail.com Additional Contact Information Documents 5224 LGB Notice - City of Kenai in KPB 22621.pdf 565KB 5224 Playa Azul CRA REPL.PDF 3.2MB Page 65 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 February 26, 2021 City of Kenai Kenai Peninsula Borough Via Email: jheinz@kenai.city ; MBerg@kpb.us ; MJenkins@kpb.us ; SNess@kpb.us ; BTaylor@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 5224 Playa Azul Restaurant or Eating Place Kenai Kenai Peninsula Borough NONE Page 66 [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 Playa Azul 5224 Restaurant/Eating Place Nathanael D Hall 100008542 & 8545 12/7 2/24 Minor corrections 12/7 & 12/10 12/10 12/7 2/24 Minor corrections N/A Page 67 o\.& "' 1/i,:..' J �c (,,, J, AMCO Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W i" Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov •https://www.commerce.alaska.gov/web/amco Phone: 907 .269.0350 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 AS04.11.540,3 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 documentsrequired, 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 willbe deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Establishment Contact Information Licensee (Owner): License Type: Doing Business As: Premises Address: Local Governing Body: Community Council: If your mailing address has changed, write the NEW address below: I Mamng Add,ess: ICity: State: License#: 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: Contact Phone: Contact Email: 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: J Contact Phone: I Contact Email: Name of Contact: J Contact Phone: l Contact Email: Name of Contact: I Contact Phone: I Contact Email: �cc [Form AB-17] (rev09/23/2020) OEC ..,, 12020 Page 1 of 4 Kenai 99611 Page 68 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} be/aw ta assist you in finding the Entity#. https:/lwww.cammerce.alaska.gov/cbp/main/search/entities Alaska CBPL Entity #: 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, SO & 55, or a Notice of Violation will be issued to your establishment and your application will be returned. The only exceptlon to this is a Corporation who can meet the requirements set forth in AS 04.11.0S0(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 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 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 oa£e Additional information not on this oa£e will be reiected Name of Official: Title(s): Mailing Address: City: Name of Official: Title(s): Mailing Address: City: Name of Official: Title(s): Mailing Address: City: [Form AB-17] (rev09/23/2020) I Phone: I State: I Phone: I State: I Phone: I State: I I I I I I I %Owned: j I ZIP: I I % Owned: j I ZIP: I I %Owned: j I ZIP: AMOO DEC� "J 2020 I Page 2 of4 Page 69 Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application Section 3 -Sole Proprietor 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 of fingerprints 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 more s ace is needed, attach additional co ies of this a e. Additional owners not listed on this a e will be re'ected. Name: Mailing Address: City: Email: This individual is an: Name: Mailing Address: City: Email: Applicant Affiliate Applicant State: State: Contact Phone: ·A Contact Phone: Section 4 -License Operation Check ONE BOX for 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 dotes hove changed, list them below: _______________ to ______________ _ 3.The license was only operated to meet the minimum requirement of 240 total hours each calendar year. A complete AB-30: Proofo(Minlmum Operation Checklist. ond all documentation must be provided with this form. 4.The license was not operated at di! or was not operated for at least the minlr,1um requirement of 240 total hours each year, during one or both calendar years. A complete Form AB-29: Woiver of Operation Application ZIP: ZIP: and corresponding fees must be submitted with this application for each colendor year during which the license was not operated. 2019 □ □ □ 2020 □ □ □ If you have not met the minimum number of hours of operation in 2020, you are not required to pay the fees, however a complete AB-29 is required 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 has ANY person or entity in this application been convicted of a violation of Title 04, 3A AC 304 or a local ordinance adopted under AS 04.21.010 in 2019 or 2020? Yes No □� If you checked YES, you MUST attach a list of all 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 office before submitting this form. [Form AB-17) (rev09/23/2020) AMCO DEC-'l 2020 Page 3 of4 X Lidiana Rodriguez de Gonzalez 907/283-2010 PO Box 1090 Kenai AK 99611 Page 70 � .... , .... �,...... ,,, ,, � , A)fCO 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 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 h;,ve completed an a/coho/ 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 se statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application r re ocation of any license issued. Signature of licensee Notary Public in and for the State of: :Al(A__,'M.,U\ l\\8c CASSIDY ROSAS StateofAlelka My commission expires: 5£..Qt-� 1.,,0 'L) scribed and sworn to before me this "?::>(b day of () .. Q...LQ)Y)lg.e_r . 20.l£,2.My Commlulon E>cpk9I Sept. 8, 2crri 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-2S: Supplier Certification All renewal and supple mental 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 LPOD License Fee: Is =I Application Fee:- Total Fees Due: [Form AB-17] (rev09/23/2020) Is 300.00 I Misc. Fee:$ $ AMCC OEC - 'l 2020 aoD Page4 of4 Page 71 Alaska Business License # 1005000 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 PLAYA AZUL MEXICAN RESTAURANT PO BOX 1090, KENAI, AK 99611 owned by RAMON GONZALEZ is licensed by the department to conduct business for the period December 23, 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 72 144 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 March 12, 2021 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: ruizr7058@gmail.com; jheinz@kenai.city; MBerg@kpb.us; SNess@kpb.us; MJenkins@kpb.us Licensee/Applicant : Gonzalez, Ramon Business Name : PLAYA AZUL License Type : Restaurant/Eating Places License Location : 12498 Kenai Spur Hwy #1, City of Kenai License No. : 5224 Application Type : License Renewal Page 73 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Jamie Heinz 3/1/2021 1:25:41 PM (Form Submission) Approve by Jeremy Hamilton 3/3/2021 4:40:22 PM (Fire Marshall Review) Inspection done August 2020 Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: March 10, 2021 5:00 PM 3/1/2021 1:25 PM Approve by Michael Wesson 3/1/2021 1:34:52 PM (Building Official Review) Th e task was assign ed to Michael Wesson. Th e du e date i s: March 10, 2021 5:00 PM 3/1/2021 1:25 PM Approve by Jamie Heinz 3/2/2021 10:07:30 AM (Police Department Review) No objections per B. Langham Jami e Hei nz assi gned th e task to Jamie Hein z 3/2/2021 10:06 AM Th e task was assign ed to Jamie Hein z, David Ross. Th e du e date i s: March 10, 2021 5:00 PM 3/1/2021 1:25 PM Approve by Tina Williamson 3/2/2021 9:45:54 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: March 10, 2021 5:00 PM 3/1/2021 1:25 PM Approve by Cindy Herr 3/1/2021 3:42:06 PM (Legal Asst Review) No outstanding monies owed in restitution or traffic citations. Th e task was assign ed to Cin dy Herr. The d ue d ate is: March 10, 2021 5:00 PM 3/1/2021 1:25 PM Approve by Wilma Anderson 3/1/2021 3:11:17 PM (Lands Review) Three Bears Alask a, Inc. does not have any outstanding land issues. Th e task was assign ed to Wilma An derson. Th e du e date i s: March 10, 2021 5:00 PM 3/1/2021 1:25 PM Approve by Terry Eubank 3/2/2021 10:00:59 AM (Finance Review) Th e task was assign ed to Terry Eu ban k. Th e du e date i s: March 11, 2021 5:00 PM 3/2/2021 9:45 AM Approve by Scott Bloom 3/2/2021 10:08:28 AM (Legal Review) Th e task was assign ed to Scott Bl oom. Th e du e date i s: March 11, 2021 5:00 PM 3/2/2021 9:45 AM Approve by Ryan Foster 3/9/2021 4:14:29 PM (P&Z Department Review) Th e task was assign ed to Ryan Foster. The d ue d ate is: March 11, 2021 5:00 PM 3/2/2021 9:45 AM Page 74 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 3/1/2021 Establishment Information Package Liquor Store Three Bears Alaska, Inc. Three Bears 10575 Kenai Spur Highway Kenai, AK Contact Information Steve Mierop 907-357-4311 steve@threebearsalaska.com Additional Contact Information Documents 4118 LGB Notice - City of Kenai in KPB 22621.pdf 565.76KB 4118 Three Bears CRA PS.PDF 5.2MB Page 75 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 February 26, 2021 City of Kenai Kenai Peninsula Borough Via Email: jheinz@kenai.city ; MBerg@kpb.us ; MJenkins@kpb.us ; SNess@kpb.us ; BTaylor@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 4118 Three Bears Package Store Kenai Kenai Peninsula Borough none Page 76 [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 Playa Azul 5224 Restaurant/Eating Place Nathanael D Hall 100008542 & 8545 12/7 2/24 Minor corrections 12/7 & 12/10 12/10 12/7 2/24 Minor corrections N/A Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 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 #:24136D Status:Good Standing AK Formed Date:5/19/1981 Duration/Expiration:Perpetual Home State:ALASKA Next Biennial Report Due:1/2/2021 File Biennial Report Entity Mailing Address:445 N PITTMAN RD STE B, WASILLA, AK 99623 Entity Physical Address:445 N PITTMAN RD STE B, WASILLA, AK 99623 Agent Name:JOAN TRAVOSTINO Registered Mailing Address:1031 W 4TH AVE STE 600, ANCHORAGE, AK 99501 Registered Physical Address:1031 W 4TH AVE STE 600, ANCHORAGE, AK 99501 Legal Name Three Bears Alaska, Inc. Previous Legal Name L & J ENTERPRISES, INC. Type Name David Weisz Director, President, Shareholder 10.45 AK Entity # Name Titles Owned Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/24136D 1 of 3 12/11/2020, 10:27 AM Page 83 Paul Sonnenberg Vice President, Director Rachel Sanford Assistant Secretary, Treasurer, Vice President, Director Robin Watkins-Holbert Shareholder 6.65 Stephen D. Mierop Secretary, Vice President 119101 Three Bears Investment Group, LLC Shareholder 77.63 WILLIAM ECKHARDT Director AK Entity # Name Titles Owned 5/19/1981 Creation Filing Click to View 11/21/1986 Biennial Report 11/21/1988 Biennial Report 11/01/1990 Biennial Report 12/17/1992 Biennial Report Click to View 12/12/1994 Biennial Report Click to View 12/19/1996 Biennial Report Click to View 12/15/1998 Biennial Report Click to View 11/17/2000 Biennial Report Click to View 6/06/2003 Election or Resolution to Dissolve Click to View 6/16/2003 Biennial Report Click to View 1/07/2005 Biennial Report Click to View 6/29/2005 Restated (NO AMENDMENT)Click to View Click to View 9/26/2005 Change of Officials Click to View 10/06/2005 Amendment Click to View Click to View 2/27/2007 Change of Officials Click to View 5/09/2007 Biennial Report Click to View 5/09/2007 Agent Change Click to View 12/15/2008 Biennial Report Click to View 1/31/2011 Biennial Report Click to View 12/19/2012 Certificate of Compliance Click to View 12/27/2012 Biennial Report Click to View 12/31/2013 Certificate of Compliance Click to View 3/03/2014 Change of Officials Click to View 3/20/2014 Certificate of Compliance Click to View 12/23/2014 Change of Officials Click to View 12/31/2014 Biennial Report Click to View 6/04/2015 Certificate of Compliance Click to View 8/06/2015 Certificate of Compliance Click to View Date Filed Type Filing Certificate Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/24136D 2 of 3 12/11/2020, 10:27 AM Page 84 COPYRIGHT © STATE OF ALASKA ꞏ DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT ꞏ 10/23/2015 Change of Officials Click to View 4/13/2016 Certificate of Compliance Click to View 6/17/2016 Certificate of Compliance Click to View 9/16/2016 Certificate of Compliance Click to View 12/30/2016 Biennial Report Click to View 1/27/2017 Certificate of Compliance Click to View 3/08/2017 Change of Officials Click to View 10/02/2017 Agent Change Click to View 10/16/2017 Certificate of Compliance Click to View 11/13/2017 Change of Officials Click to View 1/22/2019 Biennial Report Click to View 9/13/2019 Certificate of Compliance Click to View 12/12/2019 Change of Officials Click to View 5/20/2020 Certificate of Compliance Click to View 7/10/2020 Change of Officials Click to View Date Filed Type Filing Certificate Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/24136D 3 of 3 12/11/2020, 10:27 AM Page 85 Alaska Business License # 213073 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 THREE BEARS #50 445 N PITTMAN RD STE B, WASILLA, AK 99623 owned by THREE BEARS ALASKA, INC. is licensed by the department to conduct business for the period December 16, 2019 to December 31, 2021 for the following line(s) of business: 42 - Trade 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 86 Alaska Business License # 213073 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 THREE BEARS #50 445 N PITTMAN RD STE B, WASILLA, AK 99623 owned by THREE BEARS ALASKA, INC. ENDORSEMENT: 213073 - 1 Effective December 16, 2019 through December 31, 2021 This business license has an endorsement for the physical address shown below: 10575 KENAI SPUR HWY, 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 87 144 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 March 12, 2021 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: steve@threebearsalaska.com; jheinz@kenai.city; MBerg@kpb.us; SNess@kpb.us; MJenkins@kpb.us Licensee/Applicant : Three Bears Alaska, Inc. Business Name : Three Bears License Type : Package Store License Location : 10575 Kenai Spur Highway, Kenai, AK 99611, City of Kenai License No. : 4118 Application Type : License Renewal Page 88 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: City Clerk CITY OF KENAI ORDINANCE NO. 3202-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTIONS 1.15.120, RULES OF ORDER, AND 1.90.050, PROCEEDINGS, TO ADOPT THE MOST CURRENT EDITION OF ROBERT’S RULES OF ORDER NEWLY REVISED AS THE ADOPTED RULES OF PARLIAMENTARY PROCEDURE FOR THE CITY COUNCIL AND FOR CITY BOARDS, COMMISSIONS, AND COMMITTEES. WHEREAS, the City of Kenai has adopted Robert’s Rules of Order Newly Revised as the rules of parliamentary procedure for the City Council and the various Boards, Commissions, and Committees of the City; and, WHEREAS, Robert’s Rules of Order Newly Revised, 12th Edition, was published in September 2020 and supersedes all previous editions of Robert’s Rules of Order; and, WHEREAS, the City Clerk recommends adoption of the most current edition of Robert’s Rules of Order Newly Revised which is intended to automatically become the parliamentary authority in organizations who prescribe its use; and, WHEREAS, special rules that are currently included in the Kenai Charter and Kenai Municipal Code will still supersede the most current edition and new special rules or exceptions can be added to the code at any time upon the proper enactment of an ordinance; and, WHEREAS, it is in the best interest of the City to adopt the most current edition of Robert’s Rules of Order Newly Revised which is intended to automatically become the parliamentary authority upon its publication. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 1.15.120 – Rules of Order of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.15.120 – Rules of Order, is hereby amended as follows: (a) A proposed amendment to, or repeal of, any rule in this chapter shall be submitted in writing as a non-emergency ordinance, and may be passed in the same manner as other non-emergency ordinances. (b) The most current edition of Robert’s Rules of Order Newly Revised[, 11TH EDITION] shall govern in all cases to which they are applicable and in which they are not inconsistent with City Charter or ordinance and any special rules of order the Council may adopt. (c) The Council rules shall be observed in all cases unless suspended temporarily for a special purpose of an emergency nature by a vote of five (5) members present. Any member Page 89 Ordinance No. 3202-2021 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] may move, at any time, for the suspension of any rule, and such motion must be seconded to entitle it to consideration. (d) If any member, in speaking or otherwise, transgresses the rules of the Council, the Chair shall, or any member may, call the member to order; in which case the member so called to order shall immediately cease discussion unless permitted by the Chair to explain; and the Council, if appealed to, shall decide the question without debate. If the decision be in favor of the member so called to order, the member shall be at liberty to proceed; if otherwise, the member shall not proceed without leave of the Council to proceed in order. Section 2. Amendment of Section 1.90.050 – Proceedings of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.90.050 – Proceedings, is hereby amended as follows: (a) All boards, commissions and committees will have regularly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall be kept of all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by any person. All acts of boards, commissions and committees are subject to the paramount authority of the City Council. (b) If the commission, committee or board member shall be absent, without the body excusing the absence for good cause, from more than one-half of all the meetings of his or her committee, commission or board, regular and special, held within any period of three (3) consecutive calendar months, he or she shall thereupon cease to hold the seat. A commission, committee or board member may not have more than three (3) excused absences during a twelve (12) month calendar year. (c) In all matters of parliamentary procedure, the most current edition of Robert’s Rules of Order Newly Revised[, 11TH EDITION] shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 motions; KMC 1.15.100, speaking; and KMC 1.15.110, voting. (d) The responsibility of insuring that all members of boards, commissions and committees receive a copy of the Standard Procedures of Boards, Commissions and Committees lies with the City Clerk. 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 21st day of April, 2021. Page 90 Ordinance No. 3202-2021 Page 3 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Introduced: April 7, 2021 Enacted: April 21, 2021 Effective: May 21, 2021 Page 91 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Jamie Heinz, City Clerk DATE: March 16, 2021 SUBJECT: Ordinance No. 3202-2021 In September 2020, the 12th Edition of Robert’s Rules of Order Newly Revised was published. It is the only currently authorized edition of Robert’s Rules of Order Newly Revised. It is the intent of the authors and publisher that the Twelfth Edition supersedes all previous editions and automatically becomes the parliamentary authority in organizations who prescribe Robert’s Rules of Order Newly Revised. The authors recommend that the particular edition is not specified but instead indicates, “the current edition of.” The same statement is included in the Eleventh Edition. In 2012, the code was amended to prescribe the 11th Edition. I recommend amending the code to indicate “the most current edition,” given the intent and authorization provided by the authors. Robert’s Rules of Order Newly Revised has been updated approximately every ten years since 1970. It is reasonable to think that the Twelfth Edition will be the most current edition for approximately ten years and, when a new edition is published, it will not be necessary to make a change to the code if we indicate that “the most current edition” is to be used. A quick search revealed that the codes for the cities of Soldotna and Homer also provide for, “the most current edition.” The City currently has some special rules enacted by its code and those special rules will continue to supersede the new edition of Robert’s Rules of Order Newly Revised. The City may also add or amend special rules to the code at any time upon the proper enactment of an ordinance. The following lists several of the substantial changes made in the Twelfth Edition: 1. Postpone to a Certain Time – to have this motion more closely agree with rules relating to Point of Order and Appeal. 2. Limit or Extend Limits of Debate – to clarify the varying effects that adoption of the different forms of this motion have on the making of subsidiary motions. 3. Lay on the Table – to rearrange these rules into a more orderly and logical sequence. 4. Point of Order – to clarify and expand upon the rules setting forth remedies. 5. Take from the Table – to clarify the rules that impose time limits on taking questions from the table and setting forth the status of motions taken from the table. Page 92 Page 2 of 2 6. Reconsider – by including a summary of rules relating to reconsideration and rearrangement of the order in which the rules are discussed. 7. To provide greater guidance concerning filling in blanks. 8. Clarifying and incorporating rules for the office of vice-president that had previously been scattered throughout the book. 9. Minutes – to more clearly present the various procedures for their approval. Other updates dozens more clarifications and refinements to improve existing rules, helpful summary explnanations, expanded charts, tables, and lists, and sample rules for electronic meetings. Your consideration is appreciated. Page 93 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3203-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A VOLUNTEER FIRE ASSISTANCE GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE PASSED THROUGH THE STATE OF ALASKA DIVISION OF FORESTRY FOR THE PURCHASE OF FORESTRY FIREFIGHTING EQUIPMENT. WHEREAS, City of Kenai Fire Department is a cooperator with Division of Forestry and has contracted personnel and equipment on major fire incidents on the Kenai Peninsula; and, WHEREAS, grant funding will be used to purchase personal protective equipment (PPE) for our personnel, to be used while responding to Forest Fire Incidents; and, WHEREAS, additional equipment will be purchased with grant funding to improve response capabilities in our service area and assist Division of Forestry on incidents as a cooperator; and, WHEREAS, the State of Alaska Division of Forestry has provided a grant in the amount of $4,974.92 to assist the City of Kenai Fire Department in purchasing forestry firefighting gear, and, WHEREAS, appropriation of this grant for its intended purpose is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept a grant from the United States Department of Agriculture Forest Service passed through the State of Alaska Division of Forestry in the amount of $4,974.92 for the purchase of forestry firefighting equipment and is authorized to execute a grant agreement and to expend the grant funds to fulfill the purpose and intent of this Ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Federal Grants - Fire $4,974.92 Increase Appropriations – Fire Department Small Tools & Minor Equipment $4,974.92 Section 3. That the City Manager is authorized to execute a grant agreement and to expend the grant in compliance with grant conditions and this ordinance. Page 94 Ordinance No. 3203-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 21st day of April, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: April 7, 2021 Enacted: April 21, 2021 Effective: April 21, 2021 Page 95 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: March 19, 2021 SUBJECT: Ordinance 3203-2021 The City of Kenai Fire Department has been awarded a Volunteer Fire Assistance (VFA) grant in the amount of $4,974.92 for the purchase of forestry firefighting gear from the United States Department of Agriculture Forest Service through the State of Alaska Division of Forestry. The grant will fund the purchase of forestry firefighting Personal Protective Equipment (PPE), along with equipment to place on our designated forestry response apparatus. This gear and equipment will enable us to respond appropriately with tools needed for forestry incidents. Your consideration is appreciated. Page 96 Department of Natural Resources Division of Forestry 550 West 7th Avenue, Suite 1450 Anchorage, AK 99501-3561 Main: 907.269-8463 Fax: 907-269-8931 March 10, 2021 Dear Volunteer Fire Department: Thank you for applying for the 2021 Volunteer Fire Assistance (VFA) grants. Thirty-five (35) volunteer fire departments applied for a VFA grant requesting a total of $164,044.58 in assistance. Thirty-four (34) of the thirty- five (35) VFDs will receive some level of funding. A total of $159,026.50 was awarded. This letter is the official notification. The enclosed spreadsheet lists all applicants and amount requested/amount awarded. If a fire department was awarded a grant, the amount awarded will be listed in the column titled “Amount Awarded”. Some VFDs will not receive an award this year and one will receive a partial award. If a VFD did not receive any funding or will be receiving a partial award, please contact your respective DOF Fire Management Officer with any questions you may have. Checks will be distributed electronically by association with the VFD's SOA vendor number and the SOA electronic payment agreement. Electronic disbursements are expected by May 2021. • To be eligible for a 2022 VFA grant, compliance documentation, such as copies of receipts for 2021 grant expenditures, must be submitted to your nearest Forestry office at the time of, or prior to, submitting a 2022 application. • Volunteer Fire Assistance is an award of Federal Financial Assistance with funding from the USDA Forest Service. Prime and sub recipients to this award are subject to OMB guidance in sub parts A through F of 2 CFR Part 200 as adapted and supplemented by the USDA in 2 CFR Part 400. Adaption by USDS of the OMB guidance in 2 CFR 400 gives regulatory effect to OMB guidance in 2 CFR 200 where full text may be found. • The brochure, Complying with Civil Rights, FS-850, can be found here: https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd526908.pdf. • The OMB Circulars are available on the internet at www.ecfr.gov. • If an application was not fully successful do not be discouraged and continue to apply every year by submitting a complete online application package by the deadline. Sincerely, Sarah Saarloos, Fire Staff Officer Page 97 2021 VFA Grant Awards Fire Department Amount Requested Amount Awarded Division of Forestry Office Delta Junction VFD $4,990.25 $4,972.27 Delta Area Office Rural Deltana VFD $4,972.50 $4,972.50 Delta Area Office Chena-Goldstream Fire & Rescue $5,000.00 $5,000.00 Fairbanks Area Office City of Anderson $4,998.63 $4,998.63 Fairbanks Area Office McKinley VFD $4,961.02 $4,961.02 Fairbanks Area Office Steese Area VFD $4,500.00 $4,500.00 Fairbanks Area Office Tri-Valley VFD $5,000.00 $5,000.00 Fairbanks Area Office Anchor Point Fire & Emergency Medical Service Area $4,998.42 $4,998.42 Kenai Kodiak Area Office Cooper Landing VFD $4,449.10 $4,449.10 Kenai Kodiak Area Office Fire Protection Area No. 1 (Bayside Fire Station) $4,500.00 $4,500.00 Kenai Kodiak Area Office Homer VFD $4,998.50 $4,998.50 Kenai Kodiak Area Office Kachemak Emerg. Services $4,986.01 $4,986.01 Kenai Kodiak Area Office Kenai FD $4,974.92 $4,974.92 Kenai Kodiak Area Office Lowell Point VFD $4,995.00 $4,995.00 Kenai Kodiak Area Office Nikiski FD $4,626.00 $4,626.00 Kenai Kodiak Area Office Ninilchik Emergency Services $4,778.80 $4,778.80 Kenai Kodiak Area Office Seward FD $4,979.00 $4,979.00 Kenai Kodiak Area Office Womens Bay VFD $4,350.06 $4,350.06 Kenai Kodiak Area Office Butte FD $4,970.70 $4,970.70 Mat Su Area Caswell Lakes FSA #135 $4,988.39 $4,988.39 Mat Su Area Chickaloon Fire Service, Inc.$5,000.00 $0.00 Mat Su Area Houston FD $4,608.00 $4,608.00 Mat Su Area Palmer Fire and Rescue $4,875.00 $4,875.00 Mat Su Area Sutton VFD $3,224.00 $3,224.00 Mat Su Area Talkeetna VFD $5,000.00 $5,000.00 Mat Su Area West Lakes FD $4,885.65 $4,885.65 Mat Su Area Willow VFD $4,973.43 $4,973.43 Mat Su Area Whale Pass VFD $2,215.45 $2,215.45 Southeast Alaska Aniak VFD $4,590.00 $4,590.00 Southwest District Port Alsworth VFD $4,499.00 $4,499.00 Southwest District Northway VFD $4,625.00 $4,625.00 Tok Area Office Tok VFD $4,034.71 $4,034.71 Tok Area Office Gakona VFD $5,000.00 $5,000.00 Valdez-Copper River Area Office Kennicott/McCarthy VFD $4,997.05 $4,997.05 Valdez-Copper River Area Office Valdez FD $4,499.99 $4,499.99 Valdez-Copper River Area Office GRAND TOTAL $164,044.58 $159,026.60 Page 98 MEMORANDUM TO: Mayor Brian Gabriel and City Council THROUGH: Paul Ostrander, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: March 30, 2021 SUBJECT: Special Use Permit – Kenai Peninsula Builders Association The purpose of this correspondence is to request Kenai City Council approval of a Special Use Permit to the Kenai Peninsula Builders Association for purposes of hosting a home show event at the Kenai Multi-purpose Facility and adjacent parking lot. The Kenai Peninsula Builders Association is interested in hosting its annual home show event Saturday, May 8 and Sunday, May 9. Set up will occur on Friday, May 7 with take down completed on Sunday evening. Thank you for your consideration. Page 99 Multi-Purpose Facility Rental Agreement – Kenai Peninsula Builders Association Page 1 of 6 MULTI-PURPOSE FACILITY RENTAL AGREEMENT SPECIAL USE PERMIT THE CITY OF KENAI (OWNER) for the considerations, conditions and requirements set forth below, hereby grants to KENAI PENINSULA BUILDERS ASSOCIATION (RENTER), whose address is P.O. Box 1753, Kenai, AK 99611, a non-profit organization, the right to use the Kenai Multi-Purpose Facility located at 9775 Kenai Spur Highway, Kenai, AK 99611, as provided below. 1. PARTIES This Agreement, made and entered into this ____ day of ___________, 2021 between the City of Kenai, hereinafter referred to as OWNER, and Kenai Peninsula Builders Association, hereinafter referred to as RENTER. 2. RENTAL SPACE The space rented pursuant to this Rental Agreement is the Multi-Purpose Facility owned by the City of Kenai. The RENTER agrees to quit and surrender the demised premises to the OWNER at the end of the rental period, in the same condition as date of commencement of this rental agreement, ordinary use and wear thereof excepted. 3. PURPOSE The aforementioned space to be used solely for the purpose, and no other, of hosting the Kenai Peninsula Home Show Event. 4. USE DATES A. Permittee shall have use of the Premises for the purpose of conducting a home show event open to the general public from 9:00a.m. – 6:00p.m. on Saturday, May 8 and 11:00a.m. – 5:00p.m. on Sunday, May 9. Permittee is scheduled to arrive and set up the event on May 7, 2021, and to completely tear down and depart no later than 11:00p.m. on May 9, 2021. 5. RENTAL TERMS A. RENTER agrees to pay OWNER for the use of rented premises for the amount of $145 per hour for the time period stated above, excluding set-up and takedown. Page 100 Multi-Purpose Facility Rental Agreement – Kenai Peninsula Builders Association Page 2 of 6 B. It is the responsibility of the RENTER to prohibit smoking inside the Multi- Purpose Facility by guests, employees, invitees, and any other person allowed to use the premises by RENTER pursuant to AS 18.35 and KMC 12.40. 6. CLEANUP & PORTABLE RESTROOMS The RENTER agrees to take down decorations, signs, and/or banners that were put up by RENTER. Garbage is to be deposited into a refuse container each evening or removed off site. Rental of portable restrooms and related services should be considered for the outside vendor area. 7. INDEMNITY, DEFEND, AND HOLD HARMLESS RENTER agrees to fully indemnify, defend, and hold harmless, the OWNER, its officers, agents, employees, and volunteers from and against any and all actions, injuries, death, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description including any fees and/or costs reasonably incurred by the OWNER’S staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by any act, incident, or accident, occurring as a result of the acts, errors or omissions, of the RENTER or its agents, guests, invitees, or employees, arising in connection with the operations, use, or occupancy of the premises by RENTER. This shall be a continuing release and shall remain in effect after termination of this Agreement. 8. ASSUMPTION OF RISK RENTER assumes full control and sole responsibility as between RENTER and OWNER for the activities of RENTER, its personnel, employees, and persons acting on behalf of or under the authority of the RENTER anywhere on the Premises. RENTER shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Agreement. 9. INSURANCE RENTER shall secure and keep in force adequate insurance, as stated below, to protect OWNER and RENTER. Where specific limits are stated, the limits are the minimum acceptable limits. If RENTER’s insurance policy contains higher limits, OWNER is entitled to coverage to the extent of the higher limits. Page 101 Multi-Purpose Facility Rental Agreement – Kenai Peninsula Builders Association Page 3 of 6 A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per-occurrence limit of not less than $1,000,000 combined single limit. The policy must name the OWNER as an additional insured. B. Worker’s compensation insurance with coverage for all employees engaged in work under this Agreement or at the Premises as required by AS 23.30.045. Renter is further responsible to provide worker’s compensation insurance for any subcontractor who directly or indirectly provides services to RENTER under this Agreement. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the RENTER uses for activities permitted under this Agreement. The policy must name the OWNER as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. RENTER shall submit to the OWNER proof of continuous 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. iii. RENTER shall request a waiver of subrogation against OWNER from RENTER’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to OWNER. iv. Provide the OWNER with notification at least thirty (30) days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to OWNER by May 6, 2021. The effective date of the insurance shall be no later than May 7, 2021. OWNER may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Agreement. Owner will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, RENTER shall submit to OWNER evidence of insurance coverage that meets the requirements of the OWNER. Page 102 Multi-Purpose Facility Rental Agreement – Kenai Peninsula Builders Association Page 4 of 6 10. GENERAL TERMS AND CONDITIONS OF USE AND OPERATION A. RENTER may not assign or sublet the Premises. B. RENTER agrees that at all times RENTER will conduct activities with full regard to public safety, and will observe and abide by all applicable regulations and requests by duly authorized agencies responsible for public safety. C. RENTER will comply with all laws of the United States and State of Alaska; all municipal ordinances; and all lawful orders of the police and fire departments, or other municipal authorities; and will obtain, and pay for all necessary permits and licenses and will not do, nor allow to be done, anything on said premises during the term of this Agreement in violation of any such laws, ordinances, rules or orders. D. RENTER shall not admit to said premises a larger number of persons than can safely and freely move about in said premises; and the decision of OWNER in this respect shall be final. It is further understood and agreed that RENTER will permit no chairs or seats to remain in the passageways or fire exits in said premises and will keep all passageways and fire exits clear at all times; and that the sidewalks, grounds, entries, passages, vestibules, halls abutting streets, and all ways of access to public utilities of said premises, shall not be obstructed by RENTER or used for any purpose other than for ingress to and egress from demised premises. E. RENTER shall not injure, nor in any manner deface said premises; and shall not permit anything to be done whereby said building or premises shall be in any manner injured or marred, or defaced, nor shall RENTER drive, nor permit to be driven, any nails, hooks, tacks, or screws, in any part of the building, nor shall RENTER make, or allow to be made, any alteration of any kind therein. That if said premises, or any portion of said building or grounds, during the term of this lease, shall be damaged by the act, default, or negligence of RENTER or by RENTER’S agents, employees, guests, invitees, or any person, or persons admitted to said premises by said RENTER, the RENTER will pay OWNER upon demand such sum as shall be necessary to restore said premises to their original condition. F. OWNER does not relinquish and does hereby retain the right to enforce all necessary laws rules, and regulations, for the management and operations of said premises. OWNER retains the right to enter the demised premises at any time and on any occasion, without any restrictions whatsoever. Page 103 Multi-Purpose Facility Rental Agreement – Kenai Peninsula Builders Association Page 5 of 6 G. OWNER reserves the right to eject, or cause to be ejected, from the premises any disorderly person; and neither OWNER nor any of its officers, agents, or employees, shall be liable to RENTER for any damages that may be sustained by and through the exercise of such right. H. RENTER will not allow beer, wine, liquor, or alcoholic beverages of any kind to be sold or consumed upon said premises without the express written consent of OWNER. Should the City agree to allow the sale of alcoholic beverages on the premises, a vendor licensed by the Alaska Alcoholic Beverage Control Board must dispense any and all alcohol beverages on the premises. The vendor must have, during RENTER’S occupancy of said premises, policies of general liability and liquor liability. Said policy must be from a reliable insurance company authorized to transact business in the State of Alaska and subject to suit in Alaska. The City shall be named as an additional insured on said policy with a waiver of subrogation endorsement. Coverage shall be in the amount of $500,000 for bodily injury, death or property damage resulting from one occurrence. RENTER agrees to furnish and place on file with OWNER, a copy of said policy or a certificate that a policy of insurance has been issued, at the time of execution of this Agreement. The policy is subject to approval by OWNER. I. Special Conditions: RENTER agrees to accept all terms and conditions of this Agreement. Any decision affecting any matter not herein expressly provided shall rest solely within the discretion of the Director or City Manager CITY OF KENAI KENAI PENINSULA OWNER BUILDERS ASSOCIATION RENTER By: By: Paul Ostrander Date Kirsten Raye Date Page 104 Multi-Purpose Facility Rental Agreement – Kenai Peninsula Builders Association Page 6 of 6 City Manager Executive Officer ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2021, the foregoing instrument was acknowledged before me by PAUL OSTRANDER, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2021, the foregoing instrument was acknowledged before me by Kirsten Raye, of KENAI PENINSULA BUILDERS ASSOCIATION, a non-profit organization, on behalf of the organization. Notary Public for Alaska My Commission Expires: Page 105 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: March 30, 2021 SUBJECT: Beautification Committee Appointment In 2020, Emily Jensen resigned her position on the Beautification Committee. Janet Phillips has applied and Mayor Gabriel has nominated her to fill the vacancy. The term for this seat expires December 31, 2021. Kenai Municipal Code (KMC) 1.90.010 requires Council confirmation of nominations presented by the Mayor. Your consideration regarding confirmation is appreciated. Page 106 From:Janet Phillips via Kenai, Alaska To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Saturday, March 20, 2021 7:42:21 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Saturday, March 20, 2021 - 7:42pm Submitted by anonymous user: 74.124.98.99 Submitted values are: Date: Sat, 03/20/2021 Name: Janet Phillips Resident of City of Kenai? Yes If resident, how long? One Year Residence Address: 325 Portlock Street Mailing Address: 325 Portlock Street, Kenai 99611 Home Telephone: 907-314-3738 Home Fax: Business Telephone: Business Fax: Email address: tiggerwild1966@gmail.com May we include your contact information on our website? Yes If not all, what may we include? Employer: Currently Unemployed Job Title: NA Name of Spouse: Clayton Phillips Current Membership Organization: None Past organizational memberships: City of St Robert MO Parks and Recreation Board, Aglow Board, Stonecroft Committee, and so many more in my lifetime Committees or commissions in which you are interested: Beautification Committee Why do you want to be involved with this commission or committee? My life's philosophy is "Bloom Where You are Planted"! I heard you had an opening for the beautification Committee and decided to apply. It sounds like a great way to help out and to meet more people in my community. What background, experience, or credentials do you possess to bring the board, commission, or committee membership? I have a 30 year long list of volunteer history. I was a stay at home military wife for 16 years and at every new relocation, there was always an open door in each community that I lived in for volunteer work. I have served on many various boards and committees in my life. The experience that I received while on the city of St Robert Missouri Parks and Recreation Board would be helpful to the position of the Beautification Committee. We were responsible for looking at the current conditions of the parks and setting in motion ways to improve them. We had a brand new playground put in place that made our community a better place for its citizens. Not sure how helpful to the committee of Beautification it is but, I was the Sterling Alaska Senior Center Executive Director for 18 months in 2018 and 2019. My having a Bachelor in Business with a Major in Marketing helped me qualify for the position of director there. I rubbed shoulders with other community minded folks while being the director. I oversaw staff and also our many volunteers we had. Gotta love our volunteers and take care of them :) The results of this submission may be viewed at: Page 107 From:Lyn (Lynette) Kennedy via Kenai, Alaska To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Monday, March 8, 2021 3:22:05 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Monday, March 8, 2021 - 3:21pm Submitted by anonymous user: 24.237.248.235 Submitted values are: Date: Mon, 03/08/2021 Name: Lyn (Lynette) Kennedy Resident of City of Kenai? Yes If resident, how long? 12+ years Residence Address: Mailing Address: Home Telephone: 907-395-4054 Home Fax: Business Telephone: Cell 907-252-7017 Business Fax: Email address: May we include your contact information on our website? Yes, but not all (specify below) If not all, what may we include? Name, phone Employer: Retired Job Title: Retired Name of Spouse: Current Membership Organization: None Past organizational memberships: None Committees or commissions in which you are interested: Beautification Why do you want to be involved with this commission or committee? I love to see the beautiful flowers and shrubs every summer and all efforts to show off the beautiful area. I would love to see that continued and perhaps expanded. What background, experience, or credentials do you possess to bring the board, commission, or committee membership? No special credentials other than an eye for beauty and plants. I've watched Kenai grow and improv e for 60+ years and would like to help that continue. The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/7561 Page 108 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Meghan Thibodeau, Deputy City Clerk DATE: April 1, 2021 SUBJECT: Hazard Pay Discussion The following information was requested by Council Member Winger to be included in the discussion regarding Hazard Pay. This information was originally presented in the article “State and Local Hazard Pay” by Isabel Soto, published on March 18, 2021 by the American Action Forum. The article can be found at the following website: https://www.americanactionforum.org/insight/state-and-local-hazard-pay/#ixzz6qpCLltfT Your consideration is appreciated. Page 109 State City or County Date Amount Eligibility Duration Status Alabama Attalla 20-Apr-20 $2 per hour Firefighters, police officers and dispatchers 4 weeks (28 days) Alabama Attalla 20-Apr-20 $1 per hour Public works employees 4 weeks (28 days) Alabama Birmingham 7-Apr-20 5% pay raise City employees who directly interact with the public One month Alabama Baldwin County 7-Apr-20 $240,000 per pay period Deputies, corrections officers and communicatio ns officers Ended due to COVID-19 concerns Alabama Boaz 1-Apr-20 $200 per month Police and fire department employees Until all employees are back to working normal hours Alabama Columbiana 21-Apr-20 5% pay increase to hour rate Police, fire, street/sanitatio n, sewer, court and senior center departments 2 pay cycles Alabama Daphne 6-Apr-20 $3 per hour First responders 4 weeks (28 days) Alabama Daphne 6-Apr-20 One-time $250 payment Public safety personnel Alabama Rainbow City 17-Apr-20 $2 per hour Police officers, investigators and firefighters 3 Weeks (21 days) Alabama Riverside 5-May-20 $1 per hour First responders Throughout stay-at-home orders Riverside Mayor Rusty Jessup signed an executive order Alabama Selma 28-Apr-20 $1.75 per hour Police department and fire department employees 30 days (subject to extension) Page 110 Alabama Southside 28-Apr-20 One-time payment of $500 Police officers, firefighters, dispatchers and animal control officers N/A Alabama Summerdale 14-Apr-20 $1.50 per hour Police officers 28 days (subject to reconsideration ) Alabama Vestavia Hills 14-Apr-20 5% pay increase First responders, building and engineering inspectors and administrative employees who work with the public 30 days Alaska Statewide 13-Apr-20 N/A *ASEA requested Hazard Pay for State employees but was denied by the state Arizona Pima County 12-Apr-20 $2 per hour Deputies, corrections officers, animal care officers, medical service posts and front-line clerk positions with direct contact with the public 30-Jun-20 Page 111 Arkansas statewide 5-Apr-20 $125 per week (working 20-39 hours) or $250 per week (40+ hours a week) Emergency medical workers 30-May-20 California Los Angeles County 5-Jan-21 $5 per hour Workers at large grocery and drugstore chains 120 Days Voted on Mandate California Montibello 27-Jan-21 $4 per hour Workers at grocery and drug store with at least 300 employees nationwide 180 Days Passed as an urgency ordinance California Oakland $5 per hour Grocery store workers Passed as an emergency ordinance California San Francisco Early January Passed as a non-binding ordinance California San Jose 2/23/2021 (go into effect March 25, 2021) $3 per hour Retail food workers at stores with 300 employees nationwide 120 days Ordinance will be formalized on 2/23/2021 California Santa Monica 12-Jan-21 $5 per hour Grocery workers at large employers Approved Colorado Aurora 18-Mar-20 $3,000 in 2020 Police officers and fire crews that interacted with the public daily 31-Dec-20 Page 112 Colorado Jefferson County 1-Mar-20 $50 per day worked Sheriff’s office says deputies, control room operators and support personnel 30-Sep-20 Colorado Lakewood $1800 in 2020 Police officers Colorado Thornton 20-Mar $250 one- time payment Frontline workers 20-Apr Connecticut South Windsor 13-Apr-20 $200 weekly Fire marshal’s office, voters’ registrar, parks and recreation, health, finance, town planning, town administration and public transit 37 days Connecticut South Windsor 13-Apr-20 $4 per call Firefighters 37 days Connecticut South Windsor 13-Apr-20 $350 per week Police officers 37 days Connecticut Statewide 26-Jul-20 $1 an hour ShopRite workers 22-Aug-20 ENDED DC D.C.16-Mar-20 $14 per day First responders required to physically report to work As long as city can provide it Delaware New Castle County 20-Aug $5 million of CARES Act money for all hazard pay Government employees Florida Brevard County 20-Dec One-time payment $1,500 First Responders N/A Page 113 Georgia Atlanta 7-Apr-20 $500 a month Public safety, sanitation and other front-line workers through June Georgia Augusta $5 per hour Terminated due to reopening of Georgia economy Georgia Barrow County 14-Apr-20 $250 per month Emergency services Duration of statewide emergency Georgia Carrollton 7-Apr-20 $200 every two weeks Firefighters, police officers, public works employees, sanitation workers, City Hall cashiers, treatment plant workers and sewer infrastructure employees 10 weeks Georgia Cherokee County 9-Apr-20 $250 per month (elevated risk) or $500 per month (significa ntly elevated risk) Front line workers 3 months Georgia Douglas County 16-Mar-20 $200 per pay period Sheriff’s deputies, 911 dispatchers, coroner’s office employees, firefighters, animal shelter workers and landfill workers 2 months Page 114 Georgia Douglas County 1-Feb-21 $1000 one-time payment Teachers and other school employees N/A Georgia Forsyth County 19-Mar-20 $500 per month Employees who are put in contact with the public 6 pay periods Georgia Forsyth County 19-Mar-20 $250 per month Employees who cannot practice social distancing or must enter occupied residences as part of their job 6 pay periods Georgia Fulton County 18-Mar-20 $750 one- time payment Front line workers 60 days Georgia Grady County 21-May-20 $300 one- time bonus (part time employee s) or $600 one- time bonus (full time employee s) EMS employees N/A Georgia Henry County 17-Mar-20 $2.50 per hour Employees who have the potential of direct contact with the public on a daily basis 1 month Georgia Henry County 17-Mar-20 $1.50 per hour Employees working in county offices 1 month Georgia Savannah 12-Apr-20 $2.50 per hour City employees 8 weeks Page 115 Georgia Smyrna 20-Mar-20 $2 per hour First responders, community development employees and public works employees throughout the city’s declared state of emergency Georgia Walton County 1-Apr-20 $100 per week Firefighters, EMTs, paramedics, deputies, jail employees, public works employees and animal control officers 1 month Georgia Woodstock 16-Mar-20 $500/mo nth (primary assigned duties)or $250/mo nth (seconda ry assigned duties) Firefighters and police officers 2 months Hawaii Honolulu $800 per month Bus and Handivan drivers * Bus and Handivan drivers are requesting hazard pay after 42 staff members contracted COVID-19 Page 116 Idaho Statewide 1-Mar-20 Biweekly payment An employee must be deemed as performing hazardous, critical or essential duty for the substantial majority of their scheduled work hours 30-Dec-20 Illinois Chicagoland Illinois Amazon Warehouse Workers * Workers petitioning for hazard pay Indiana Elwood 6-May-20 $1000 one time payment Police and fire department N/A Kansas Lansing 5-Apr-20 $400 per pay period Staff at Lansing Correctional Facility Kansas Sedgwick 8-Apr-20 $200 per month County employees 2 pay periods (subject to extension) Kentucky Lexington $2 per hour Kroger employees late spring 2020 ENDED (workers are now asking for more hazard pay) Louisiana Statewide 11-Mar-20 $250 one time payment Frontline workers 28-Dec-20 ENDED Page 117 Maine Augusta 20-Mar $3-$5 Certain employees within the correctional, agricultural and marine resources, administrative services and public health departments, and some staff at the Riverview and Dorothea Dix psychiatric centers 31-Dec-20 ENDED Maine Portland 2022 1.5 times normal pay Low-wage store workers Unknown Provision delayed until 2022 Maryland Baltimore 26-Mar-20 $200 biweekly and $100 biweekly (mission critical) Firefighters, EMTs and police officers/ employees who are mission critical Maryland Montgomery County 13-Apr-20 $10 per hour County employees represented by the IAFF and FOP Maryland Montgomery County 13-Apr-20 $10 or $3 per hour MCGEO- represented employees depending on whether or not they regularly interact with the public. Page 118 Massachusetts Statewide 15-Apr-20 $10 per hour State health care workers represented by the American Federation of State, County and Municipal Employees (AFSCME) Council 93 6 weeks Michigan Burton 23-Apr-20 $1000 one time payment police officers N/A Michigan Burton 23-Apr-20 $250 one- time payment firefighters N/A Michigan Burton 23-Apr-20 up to $1000 one-time payment Any city employee working “above and beyond the call of duty” N/A Michigan Detroit $800 per month City’s first responders and other employees that work with the public duration of state emergency Michigan Flint 14-May-20 $1,200 ($750 for other police and fire departme nt staff, $1000 for public works water service) Sworn police officers and firefighters 2 payment installments Michigan Macomb County 4-Apr-20 $1/$2 per hour County employees based on interaction with the public Page 119 Michigan Mount Clemens 1-Apr-20 $2 per hour Firefighters and bus drivers 1 month Michigan Oakland County 7-May-20 Hourly pay dependin g on how long the employee spends on sight Sheriff’s office, health division, emergency operations, facilities and water resources employees Michigan Statewide 5-Apr-20 $750 per pay period Corrections officers represented by the Michigan Corrections Organization Michigan Washtenaw County 1-Jan-20 4% pay increase Deputies and corrections officers One year Minnesota Minneapolis $2 an hour Cub Foods workers 4-Jul-20 ENDED Minnesota Minneapolis $2 an hour Linden Hills Co-op, Eastside Food Co-op, Kowalski’s Market workers 20-Oct Minnesota Minneapolis 13-Apr-20 4% wage increase Lunds & Byerlys employees 27-Sep-20 ENDED Minnesota Minneapolis 20-Mar 3 rounds of $300 (full time workers) or $150 (part-time workers) Walmart workers 20-Aug Mississippi Clarksdale 7-Apr-20 5% pay raise First responders and public works employees at least 2 pay periods Page 120 Mississippi Jackson End of April $600 one time payment First responders N/A Mississippi Ocean Springs 14-May-20 $100 per week Police officers and firefighters 10 weeks Missouri Statewide $250 a month State employees working in detention facilities, with mental health patients and with the developmental ly disabled 31-Dec-20 Montana Statewide 20-May $4 per hour ($2 per hour for the month of March 2021 Frontline workers 21-Mar Nebraska Statewide 20-Nov Unclear Bryan’s Health Staff *$3.3 million of CARES Act funding Nevada Las Vegas 20-Jul 3.23% wage increase 1,300 city employees (even if they did not attend work) 1 month New Hampshire Statewide 5-May-20 $300 weekly (full time first responde rs) or $150 (part time and volunteer firefighter s and EMTs) Police officers, firefighters, EMS providers, corrections officers and other first responders Through end of June New Jersey Statewide 26-Jul-20 $1 an hour ShopRite workers 22-Aug-20 ENDED Page 121 New Mexico Statewide 27-Nov-20 $600 one time payment Low-wage essential workers N/A New York Statewide 26-Jul-20 $1 an hour ShopRite workers 22-Aug-20 ENDED North Carolina Charlotte 26-Mar-20 5% increase in base pay Employees who have frequent, direct contact with the public, including first responders Until county stay at home order is lifted North Carolina Rockingham 29-Apr-20 $250 one time payment Police and fire department N/A North Dakota Valley City 15-Mar-20 $500 a month Nine city police officers 3 months Ohio Statewide 20-Mar 10% per hour (at facilities where staff and inmates have tested positive) $8 per hour (specific cases if other state employee s weren’t home but correctio ns officers were still working) State corrections officers 21-Feb Oklahoma Stephens County 11-May-20 $2 per hour Sheriff’s office employees Page 122 Oregon Statewide 20-May Departm ent of Human Services provide payment equal to 2.5% of Medicaid revenue Nursing facilities 20-Jul Pennsylvania Lock Haven 17-Mar-20 $2 per hour on-site essential employees TBD Rhode Island Statewide $1000 a week Essential workers * Not an official program * It is being advocated for by the Rhode Island Health Care Association South Carolina Charleston County 20-Apr-20 $100 per week(sal aried) or $250 (hourly workers) Essential county employees South Carolina Summerville 22-Apr-20 $300 per week Summerville town employees Tennessee Statewide *Governor Lee said that the state wouldn’t consider offering hazard pay for essential workers during the pandemic Texas Collin County 6-Apr-20 $6 per hour (mandato ry workers) or $3 (non- mandator y workers) County workers Duration of county’s emergency period Page 123 Texas Dallas County 7-Apr-20 not released First responders and health workers Texas Denton County 7-Apr-20 $80 per week Critical employees (detention officers, sheriff’s deputies and constables) Until county’s disaster declaration is lifted Texas Donna 7-Apr-20 $700 per month Patrol officers and firefighters 6 weeks Texas Glen Heights 13-Apr-20 $2 per hour Front line workers Until disaster declaration is lifted Texas Navarro County 25-Apr-20 $5 per hour Sheriff’s department and Road and Bridge personnel Through July 2020 Utah South Salt Lake 30-Oct-20 $150 per pay check First responders 30-Dec-20 Vermont Statewide 13-Mar-20 $1,200 (68-216 hours between start and end date) or $2,000 (216+ hours) Front line employees in public health, public safety, health care, and human services 15-May-20 Second round started at the end of October Virginia Fairfax County 21-Feb $2,000 one time payment Government workers whose jobs put them at high risk of exposure N/A Virginia Statewide 12-Mar-20 $1,500 one time payment Consumer Direct Care Network attendees 30-Jun-20 Page 124 Virginia Statewide 20-Oct $1500 one time payment Home health workers who worked between March 12 and June 30 N/A Washington Seattle January 25,2021 $4 per hour Grocery workers at grocery and food retail businesses with at least 500 employees Mandate unanimously passed Washington Burien 17-Feb-21 $5 per hour All grocery workers at stores with 250+ employees Passed ordinance Washington King County 11-Feb-21 $4 per hour Grocery store workers Introduction and consideration of bill West Virginia Kanswha- Charleston Health Department 20-Oct $500 one- time payment Kanswha- Charleston Health Department workers N/A West Virginia Lewisburg City 20-Nov $1,500 one-time payment City employees N/A West Virginia Putnam County 21-Feb $250 or $500 per month First responders and emergency personnel 21-May Wisconsin Sheboygan County $10 per hour Long Term Care facility workers During a confirmed positive case in the unit Wisconsin Fond du Lac County End of 2020 One time payment depende nt on full or part time status Nursing home employees N/A Page 125 Wisconsin Ozaukee County 15-Mar-20 Lump sum based on average number of weekly hours of six pay periods Sheriff’s Office, Public Health, Lasata, and Human Services employees 24-Oct-20 Wisconsin Rock County $500 one time payment Nursing home, sheriff’s office, ME office, HSD, youth services center, communicatio ns center, and facilities and IT Wisconsin Rock County $5 per hour Staff working in a closed down unit with a positive case Wisconsin Bayfield County $1.50 per hour On call health department staff Wisconsin Washington County $20 each day worked Custodians. Medical Examiner Staff, direct care staff in nursing homes, jail workers, deputies and detectives in Sheriff’s department Wisconsin Waupaca County One-time payment Salaried Public Health Officers and Health Managers Page 126 Wyoming Johnson County 27-Jan-21 $5000 (full time) $2500 (part time)One time payment Employees at Johnson County Health Center N/A Read more: https://www.americanactionforum.org/insight/state-and-local-hazard-pay/#ixzz6qpCLltfT Follow us: @AAF on Twitter Page 127 KENAI COUNCIL ON AGING REGULAR MEETING MARCH 11, 2021 – 4:30 P.M. KENAI SENIOR CENTER CHAIR DON ERWIN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER The meeting was called to order by Chair Erwin at 4:34 p.m. a. Pledge of Allegiance Chair Erwin led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Members Present: D. Erwin, R. Craig, V. Geller, L. Nelson, M. Milewski, S. Modigh, C. Thornton, R. Williams Members Absent: A quorum was present. Staff/Council Liaison Present: Senior Director Romain, Administrative Assistant Clary, Council Liaison Pettey c. Agenda Approval MOTION: Member Craig MOVED for approval of the agenda as presented and Member Thornton SECONDED the motion. There were no objections. SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregate) – None. 3. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregate) -- None. 4. APPROVAL OF MEETING SUMMARY MOTION: Member Williams MOVED to approve the February 11, 2021 meeting summary as written and Member Craig SECONDED the motion. There were no objections. SO ORDERED. 5. UNFINISHED BUSINESS -- None. 6. NEW BUSINESS – a. Discussion – Code of Conduct Page 128 Council on Aging Meeting Page 2 of 3 March 11, 2021 Members reviewed, discussed and brainstormed ideas for revisions. Discussion/comments included: • Revisit salad bar/buffet table due to COVID-19 issues; • Change “hand sanitizer available” to “hand sanitizer available for your convenience”; • Concern that visitors to the Center have had to be reminded to use the hand sanitizer; • Should staff and/or volunteers be available to monitor restrooms for hand washing and hand sanitizing before entering the dining room when it is opened?; • The timeline for opening for more activities and socializing, i.e. kitchen access and adding chairs to tables; • Has Center administration considered purchase of an ozinator; • Add to the Code of Conduct: “If ill, do not enter building.” Senior Center Director Romain stated she will include additional sanitation device information into the Code of Conduct and include a draft of it to the April 8, 2021 meeting for consideration. b. Discussion – 2021 Goals Senior Center Director Romain discussed updating goals of the Center, noting the main one at this time was to get the Center open and back to normal as soon as possible. Other issues include outreach and awareness, as well as connecting with the Chamber of Commerce and developing a plan regarding “why retire to Kenai.” She requested members bring other goals ideas to the April meeting for discussion and consideration. c. Discussion – Greenhouse Project Romain reminded members that funds had been donated in Bill Osborn’s memory for the development of a greenhouse on the Center grounds. The bluff erosion project could affect where the project could be situated. Due to the Public Works Department experiencing transitions in personnel, its needed assistance in the planning for the project was not available at this time. A general discussion and questions from the members followed. 7. REPORTS a. Senior Center Director – Romain spoke to the Center’s current opening plan, temporary staff, current grants, stimulus information, anticipating future grants, and new vehicle. b. Council on Aging Chair – Chair Erwin thanked Romain for “always providing informative information.” c. City Council Liaison – Council Member Pettey reviewed the Action Agenda for the Council’s February 17, 2021 and March 03, 2021 meetings which were included in the packet, noting ordinances and resolutions passed, etc. 8. NEXT MEETING ATTENDANCE NOTIFICATION – April 8, 2021 There were no announcements of absences for the April 8, 2021 meeting. 9. COUNCIL MEMBERS COMMENTS AND QUESTIONS Page 129 Council on Aging Meeting Page 3 of 3 March 11, 2021 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS – None. 12. ADJOURNMENT MOTION: Member Geller MOVED for adjournment and Member Thornton SECONDED the motion. There were no objections. SO ORDERED. There being no further business, the Council on Aging meeting adjourned at 6:13pm. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, MMC City Clerk Page 130 KENAI AIRPORT COMMISSION REGULAR MEETING MARCH 11, 2021 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: G. Feeken, K. Dodge, D. Leichliter, P. Minelga, J. Zirul, D. Pitts J. Bielefeld Staff/Council Liaison Present: Airport Manager M. Bondurant, Administrative Assistant E. Brincefield, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval Chair Feeken noted the following revisions to the agenda and packet: Add to item 11. Informational Items • Special Use Permit to Alaska Air Fuel • Resolution No. 2021-15 • Resolution No. 2021-16 MOTION: Commissioner Pitts MOVED to approve the agenda with the requested additions and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENT a. Joe Caldwell, Kenai Aviation – Update on Airport Activities Joel Caldwell did not attend the meeting to speak to the commission. 3. UNSCHEDULED PUBLIC COMMENT – None. Page 131 ____________________________________________________________________________________ Airport Commission Meeting Page 2 of 3 March 11, 2021 4. APPROVAL OF MEETING SUMMARY a. February 11, 2021 MOTION: Commissioner Lichleiter MOVED to approve the meeting summary of January 14, 2021 and Vice Chair Dodge SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS a. Discussion – Informational Sign at Float Plane Basin Airport Manager Bondurant discussed the design stage of the sign to be displayed at the float plane basin, looking for comments from the commission. Inclusion of a QR code was discussed, and concern was raised about who would maintain the business list. Commissioners recommended charging a small fee to advertise. It was noted that the Kenai Airport is the gateway to the Kenai Peninsula, and commissioners feel this is a great way to advertise business on the Peninsula. It was suggested that the sign be displayed at the terminal transient area as well as the float plane basin. Airport Staff will reach out to Alaska Channel about running this advertising program. Commission generally approved of the aerial pictures, but it was noted that having specific attractions listed on a map with pictures might be too busy and the inclusion of a QR code would direct users to those specific places/pictures. More information will be brought to April commission meeting. 6. NEW BUSINESS a. Discussion/Recommendation – FY22 Budget Airport Manager Bondurant reported the Airport Budget was approved with no required changes. Noted she had received direction from City administration to keep budgets the same or less as FY21, and the Airport was able to reduce costs in a couple areas of FY22 Budget. Bondurant commented that utilities have increased substantially city-wide. Two special projects were highlighted in FY22 budget: security camera project and terminal landscaping project. 7. REPORTS a. Airport Manager – Bondurant reported on the following: • 2 new ARFF trucks are scheduled for delivery in July; • Sand storage building should begin again in April; • 2020 land acquisition project is in closeout process, but 14 pages of ALP updates are being submitted; Page 132 ____________________________________________________________________________________ Airport Commission Meeting Page 3 of 3 March 11, 2021 • Airport lost a multipurpose slow-blower this winter season, is minimum 40-45 weeks out to fix. The engine has been replaced 3 times. Approval from FAA to submit application for new multipurpose machine. Ready to submit grand application on May 3; • Recently updated AEP and is being distributed to all participants; • Received 2 more grands for COVID-19 relief money; • Currently updating land brochure. b. City Council Liaison – Council Member Knackstedt reported on the actions of the February 17, 2021, and March 3, 2021 Council Meetings. 8. NEXT MEETING ATTENDANCE NOTIFICATION – April 8, 2021 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Zirul recently traveled to Mexico and commented on his experience with mask mandates. Commissioner Lichleiter thanked Airport operations staff for all their hard work with snow removal. Commissioner Pitts noted he is happy to see the Airport is working toward further development of the float plane basin. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS a. February 2021 Mid-Month Report b. January 2021 Enplanements 12. ADJOURNMENT MOTION: Commissioner Lichleiter MOVED to adjourn the meeting and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. There being no further business before the Commission, the meeting was adjourned at 6:53 p.m. Meeting summary prepared and submitted by: ________________________ Meghan Thibodeau Deputy City Clerk Page 133 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING MARCH 24, 2021 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER Commission Chair Twait called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Commission Chair Twait led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: J. Twait, J. Halstead, D. Fikes, G. Woodard Commissioners absent: R. Springer, G. Greenberg, A. Douthit, Staff/Council Liaison present: Planning Director R. Foster, Planning Assistant W. Anderson, Deputy City Clerk M. Thibodeau, Council Liaison J. Glendening A quorum was present. 3. Agenda Approval MOTION: Commissioner Halstead MOVED to approve the agenda as written and Vice Chair Fikes SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda and Vice Chair Fikes SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 5. *Excused absences – None Page 134 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 4 March 24, 2021 B. APPROVAL OF MINUTES 1. *March 10, 2021 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS 1. Resolution PZ2021-09 – Preliminary Subdivision Plat of Carl F. Ahlstrom RPM’s Replat Number 2, submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, AK 99669, on behalf of the City of Kenai, 210 Fidalgo Avenue, Kenai, AK 99611 Planning Director Foster presented his staff report with information provided in packet, noting that the applicant wishes to vacate the property lines between Lot 22A, Block 13, and Lot 21, 20, and 19, Block 13, Carl F. Ahlstrom Subdivision, which will create a larger tract to be described as Lot 19A, Block 13, Carl F. Ahlstrom Subdivision, RPM’s Replat Number 2. The applicant also wishes to vacate the utility easements as set forth on the Preliminary plat. Approval of the plat was recommended, subject to the following conditions: • Further development of the property shall conform to all federal, State of Alaska, and local regulations. • The Kenai City Council must declare the ten-foot (10’) utility easements are not needed for a public purpose and approve the vacation of the utility easements as shown on the preliminary plat. MOTION: Commissioner Woodard MOVED to approve Resolution No. PZ2021-09 and Vice Chair Fikes SECONDED the motion. Chair Twait opened for public hearing; there being no one wishing to be heard, the public hearing was closed. The question was raised of whether or not the owner intended to demolish or expand any existing structures. It was clarified that we currently had no information on future improvements beyond the subdivision and vacation of utility lines, but if that occurred then the Planning & Zoning department would be notified by the Building department when the owner applies for a permit. It was also clarified that the vacation the easements would not inhibit any road construction or future development in the area. It was explained how vacating these easements could benefit the landowner as they might find it more advantageous to consolidate four separate parcels into one lot. VOTE: Page 135 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 4 March 24, 2021 YEA: Halstead, Twait, Fikes, Woodard NAY: MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS – None. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Glendening reported on the actions from the March 17, 2021 City Council meeting. 2. Borough Planning – Vice Chair Fikes reported on the actions of the March 15, 2021 Borough Planning Commission meeting . 3. City Administration – Planning Director Foster reported on the following: • He will be offering training for new Planning & Zoning commissioners, which can be scheduled individually or as a work session before a future meeting; • Received a Conditional Use Permit application, scheduled for the April 14, 2021 meeting. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments 2. Council Comments L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. April 14, 2021 N. COMMISSION COMMENTS & QUESTIONS Commissioner Woodard noted she looks forward to Planning Director Foster’s training session. Commissioner Halstead said it was good to be back and see everyone in person, and expressed appreciation for how well staff was able to present and work with commissioners remotely. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:47 p.m. Page 136 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 4 March 24, 2021 Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 137 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: APRIL 7, 2021 VENDOR DESCRIPTION DEPT. AIRSIDE SOLUTIONS WINDSOCKS AIRPORT SEGESSER SURVEYS PLAT PREP-SAND STORAGE PROJECT AIRPORT ACCOUNT OPERATING SUPPLIES PROFESSIONAL SERVICES AMOUNT 4,343.08 3,070.00 Page 138 APRIL 7, 2021 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to item D.8. Resolution No. 2021-20 City Clerk • Amendment Memo MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: April 7, 2021 SUBJECT: Procedures for Selecting and Appointing a Qualified Person to Fill Vacancies on the City Council It was pointed out that Section D.5. of the Policy establishing procedures for selecting and appointing a qualified person or persons to fill vacancies on the City Council was confusing. When taking another look at it, I agree that it is confusing as written: 5. Once voting for one of two candidates for the seat, when one of the candidates receives a simple majority of votes, or it’s decided by lot, Council will make and pass a motion to appoint that person to fill the vacant seat. This process will be repeated until all seats are filled. As written, it repeats part of the previous step which likely doesn’t need repeated as it is logical that moving to the next step means voting is over. To make this this step less confusing, I propose the following amendment: Amend D.5. of the policy to read, Once one of the candidates receives a simple majority of votes, or the outcome is decided by lot, Council will make and pass a motion to appoint that person to fill the vacant seat. And amend D.2. of the policy to add the following sentence at the end of the paragraph, Steps D.2. through D.5. will be completed for each seat. Additionally, there is a scrivener’s error in D.4.c. which I will correct administratively; the word “be” appears twice. Your consideration is appreciated. Kenai Peninsula Housing Initiatives Steven Rouse, Executive Director April 7, 2021 Today’s Presentation: •Who is KPHI? •What We Do •How We Do It •Our Work on the Kenai Peninsula, so far •Project Just Completed in Kenai •City of Kenai’s Role in the Past •Our Next Kenai Project and What We Are Asking of You Who Is KPHI? A nonprofit housing organization that provides low-income, senior and special needs residents of the Kenai Peninsula with affordable housing options Established in 2003, currently manage 148 units in Kenai, Homer, Seward, Soldotna and Ninilchik KPHI offices are located at the Homer Community Housing Center Board of Directors represents all areas of the Peninsula, staff of 5 We offer tenants a solid foundation on which to improve their overall quality of life How Do We Provide Affordable Housing? •Develop –Identify need, debt capacity, identify funding sources, compete for gap/subsidy funding •Own –Responsible for debt service and maintenance •Manage –Screen applicants, ensure compliance with funding sources, protect tenants and property Partner with other community organizations to ensure a full continuum of housing services are available to address housing needs KPHI Accomplishments To-Date Homer KPHI Accomplishments To-Date Soldotna KPHI Accomplishments To-Date Ninilchik KPHI Accomplishments To-Date Seward KPHI Accomplishments To-Date Kenai Clear Pointe Phase I & II KPHI Accomplishments To-Date –Clear Pointe KPHI Accomplishments To-Date Kenai Kenai Meadows KPHI Accomplishments To-Date –Kenai Meadows City of Kenai’s Contribution To Clear Pointe & Kenai Meadows June 2016-City Council passed Ordinance 2899-2016 June 2017 –City transferred 1.25 acre parcel (Clear Pointe Phase 1) June 2018 –City transferred 1.25 acre parcel (Kenai Meadows Phase 1) Land donation leveraged other funding sources including AHFC, Rasmuson Foundation and Wells Fargo Foundation Projects helped to support hiring area businesses including Nelson Engineering of Kenai, Central Alaska Engineering of Soldotna and Sundance Construction of Kasilof How Did KPHI Perform? •Four phases of the Kenai Projects completed early or on-time •All units rented quickly, now have wait lists •Last phase of Kenai Meadows complete in Jan. 2021 and fully rented by March 2021 •22 individuals and families live in the two projects now •Additional benefit during pandemic: KPHI connecting tenants to available resources KPHI’s Ask Today Requesting consideration of a donation of 2.5 acres, adjacent to existing developments on Redoubt Same terms and conditions as contained in previous ordinance Intent is to develop 24 units of senior and low-income, multi-family rental apartments An independent analysis has already confirmed the need and demand for additional housing (study commissioned by AHFC) Timeline: KPHI needs an ordinance passed to demonstrate options for site control to apply for funding in August 2021. Completion of four phases of the development would take 3 to 5 years. Master Site Plan Questions? Steven Rouse, Executive Director Kenai Peninsula Housing Initiatives www.KPHI.net Phone: (907) 399-4357 Email: steven@kphi.net M Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2899 -2016 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONDITIONALLY DONATING CERTAIN FORECLOSED CITY OWNED PROPERTY DESCRIBED AS TWO APPROXIMATE 1 '/4 ACRE PARCELS TO BE SUBDIVIDED FROM A PORTION OF THE 77 ACRE MORE OR LESS PORTION OF THE SE '/4 LYING EAST OF MOMMSEN SUBDIVISION ADDITION NO. 2 SECTION 25, T6N, R12W (KPB PARCEL NO. 039 010 18) TO KENAI PENINSULA HOUSING INITIATIVE FOR THE DEVELOPMENT OF RESTRICTED INCOME AND SENIOR HOUSING. WHEREAS, Kenai Municipal Code 22.05.125, Grant or Devotion, allows the Council, by Ordinance, to donate foreclosed real property that is no longer needed by the City for a public purpose, to a non - profit corporation for consideration; agreed upon between the City and grantee without a public sale if the devotion is advantageous to the City; and, WHEREAS, Kenai Peninsula Housing Initiatives (KPHI) is a non - profit corporation with a mission to provide low income, very lout income, senior and special needs residents affordable housing options; and, WHEREAS, there is a need for low income and senior housing in the City of Kenai; and, WHEREAS, the City desires to support low income housing in the community; and, WHEREAS, donating the subject parcels to KPHI at less than fair market value is in the best interest of the City, and; WHEREAS, conditions must be placed on the transfer or condition the transfer to ensure low income and senior housing is developed or the property is returned to the City. In the event of a land sale, to a for profit entity, the value of the property shall be reimbursed to the City, if the sale occurs within twenty years after transfer to KPHI. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a non -code ordinance. Section 2. That the Kenai City Council hereby authorizes the City Manager to execute, upon completion of a subdivision and necessary proof of financing for the development, the transfer of title for the properties: two approximate 1 1/4 acre parcels to be subdivided from a portion of the 77 acre more or less portion of the SE '/4 lyingeastofMommsenSubdivisionAdditionNo. 2 Section 25, T6N, R12W (KPB PARCEL No. 03901018), to Kenai Peninsula Housing Initiatives, Inc. (KPHI), on a form approved by new text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2899 -2016 Page 2 of 2 the City Attorney, for less than fair market value and for the sole purpose of developing income restricted and senior housing. Section 3. That KPHI must complete at its own expense all actions necessary for the subdivision and development of the properties; and to provide proof of financing sufficient for the projects as prior conditions of the transfer of title; and to pay all closing costs and fees for said properties and said consideration to the City for the properties. Section 4. That the Kenai City Council further finds the disposal of the parcels to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by disposing of the properties interest for less than the fair market value, in accordance with the recitals above which are incorporated herein. Section 5. That the Kenai City Council further finds that if the action items described herein are not completed by May 26, 2020, the authorization to transfer the lands lapses unless further authorized by the City Council. Section 6. 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 7. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall take effect 30 days after adoption. P ORTER, MAYOR Introduced: June 1, 2016 Enacted: June 15, 2016 Effective: July 15, 2016 New Text Underlined; ]DELETED TEXT BRACKETED] Villa9e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIII If 1992 MEMO: TO: City Council FROM: Rick Koch ATE: May 26, 2016 SUBJECT: Ordinance Numbers 2898 -2016 & 2899 -2016, Conditionally Donating Certain Foreclosed City Owner Properties The purpose of this correspondence is to, respond to Council direction to the City Manager to bring an ordinance to conditionally donate the properties referenced in the above described ordinances to the Kenai Peninsula Housing Alternative. Initially, Administration believed the donation of these properties could be made by Council through a Council Resolution. Upon investigation by the City Attorney and Assistant to the City Manager it was determined an ordinance was required. Thank you for your attention in this matter. HOMER SELDOVIA PORT GRAHAM NANWALEK ANCHOR POINT NINILCHIK CLAM GULCH KASILOF SOLDOTNA KENAI NIKISKI STERLING COOPER LANDING MOOSE PASS SEWARD HOPE KODIAK ISLAND VALDEZ CORDOVA Toil Free 1 -800- 770.7917 Homer 907) 235 -7911 907)235 -6236 FAX) Central Peninsula 907) 262 -6333 907) 260 -4495 FAX) Seward 907) 224 -8711 9D7) 224 -7793 FAX) I INDEPENDENT LIVING CENTER Promoting choice, independence and quality of life for persons and families living with disability. P.O. Box 2474, Homer, Alaska 99603 907) 235 -7911 • 1- 800 - 770 -7911 Fax (907) 235 -6236 www.peninsulailc.org June 9, 2016 To Whom Ili May Concern This is a letter supporting the donation of land from the City of Kenai to Kenai Peninsula Housing Initiatives(KPH1) for the purpose of developing a senior housing and low- income housing project. This donation would be used to aaddress the need for both elder housing and affordable housing in the City of Kenai. ILC is an Aping and Disability Resource Center (ADRC) for the Kenai Peninsula and we also service as the Center for Independent Living CIL) for the area. The agency's mission is to assist individuals to live as independently as possible in the home and community of their choice. One of theltop three barriers to independence for seniors and persons with disabilities is lack of affordable and accessible housing. The others are lack of ;affordable and accessible transportation and affordable health care. ILC is very lfamiliar with the services provided by KPHI and has worked with representatives of KPHI over the years to address priority housing issues. Se0or or elder housing and affordable housing for those with low- income are such priorities. The Kenai Peninsula's senior population continues to grow and is the largest in the state. There is a lack of affordable 'safe housing for those experiencing disabilities. Safe, affordable housing options are needed throughout the Peninsula. I am asking for the donation of land from the City of Kenai for these proposed projects. Should you have further questions, do not hesitate to call me — 9;07- 235 -7911 Executive r) Awe 1NC Love In the Name of Christ 0/ the Kenai Peninsulu June 6, 2016 To Whom It May Concern: LOVE INC of the Kenai Peninsula has been assisting our "Neighbors In Need" throughout the Borough for 29 years. Over the past 8 years we have worked extensivelywiththosewhoarehomelessorinimminentdangerofbecominghomeless. Without adoubt, the lack of affordable housing in the Central Peninsula area is our biggest obstacleinservingthispopulation. In an effort to better serve our most vulnerable population, Love INC would certainlysupportthedonationoflandtoKenaiPeninsulaHousingInitiativesforthedevelopmentofalow- income and senior project in the City of Kenai. The addition of these twohousingprojectswouldprovideavaluableresourcewithinourcommunity. In the past years, Love INC a 501 c3 non -profit ministry has shared a Memorandum ofUnderstandingwithKPHLWehopetocontinuethatcollaborativeeffort, enabling us torefereligiblefamiliesandseniorstoKPHIforsafe, affordable housing. We wish them success in these projects and look forward to working with them in thefuture. Sincerely, p; Leslie Rohr— Executive Director I-OVE INC' ot'the Kenai Peninsula - PO Box 3052 Kenai. AK 9(461 1 90 293.525^ ies! ie'i; -{ten insu la loveinc. 'e KENAI COMMUNITY PARK CONCEPT PLAN EXECUTIVE SUMMARY VISION, MISSION & GOALS EXISTING CONDITIONS AND CONSIDERATIONS PUBLIC INPUT PARK CONCEPT DESIGN ELEMENTS AND GUIDELINES MAINTENANCE PRELIMINARY BUDGET 1. 2. 3. 4. 5. 6. 7. 8. EXECUTIVE SUMMARY This part comes last when everything is finalized. We aim to establish a fenced-in, off-leash dog park for well-behaved canine citizens and their human companions to exercise in a clean, safe environment without endangering or annoying people, property or wildlife. Our goal is to create a beautiful, well-maintained space open to all dog lovers and friends who are willing to uphold the park's rules and regulations. We view this as a community enrichment project, in partnership with the City of Kenai, designed to satisfy the needs of dog lovers and non-dog lovers alike. MISSION, VISION & GOALS A safe, accessible space for all, canine and human alike. 5) To provide a space that has been seeded, that is accessible to all beyond the gate, with groups of vegetation planted while providing for a sanitary environment which may include plastic doggie bag dispensers. 6) To provide rules and regulations for each section of the park to ensure safety and maintenance of the space. Vision Goals Mission 1) To provide a fenced-in, off-leash area. 2) To provide spaces for different types of canines that are catered to their needs/size. 3) To provide human space that is covered. 4) To provide a welcoming and inviting space that includes seating. 7) To provide a financially sustainable plan that addresses all facets of the space in perpetuity. COMPLETE FENCING - DOUBLE ENTRY GATE - SEPARATE SMALL AND LARGE DOG AREAS - SURFACING PLAN - DOG WASTE PLAN A DESIGN TO ENCOURAGE MOVEMENT WATER FOUNTAINS OR FEATURES SEATING FOR HUMANS PARKING AND BIKE RACKS SHADE SIGNAGE VISUAL ATTRACTIVENESS EASE OF MAINTENANCE around the perimeter of the dog park a standard in dog parks to allow humans to leash and unleash their dogs safely allows differently sized dogs to play separately, and creates space for shy/new-to-the-park dogs surfaces sustain lots of use, and depending on the type, must be renewed/cleaned/replaced periodically - humans are encouraged to bring their own bags and "pack it out", but dispensers and waste receptacles should be provided - opportunities for exercise, agility, chasing objects, and socialization are key to a successful dog park - for both humans and dogs - everyone needs a break, and this feature makes the park accessible to more people - so that people can come via different transportation means - dogs and humans alike enjoy the variety and coolness that shade provides; planting trees is a great way to do this - a community park first and foremost, signage is needed to inform users of rules, park hours, and opportunities to get involved - this park is part of the larger Daubenspeck Family Park, and its design should be cohesive and inviting for all - service gates and trash barrels should be located such that maintenance vehicles may easily enter EXISTING CONDITIONS AND CONSIDERATIONS EXISTING CONDITIONS An area of approximately 22,500 square feet has been designated within the Daubenspeck Family Park, along the northeast side of the pond, for the new dog park. A resolution in support of the project was passed on September 19, 2018 by the City of Kenai. Currently, the cleared area is approximately 0.5 acres, and the front wooded area is approximately 0.25 acres. There is a natural entrance on the southeast corner, facing the parking lot. CONSIDERATIONS Dog parks have taken off across the United States, and there are excellent resources available with best practices, lessons learned, and inspiration for future dog parks. The following considerations have been compiled from the experiences of other dog parks, including the nearby 3 Friends Dog Park in Soldotna, Alaska. PUBLIC INPUT The Kenai Community Park is driven by widespread community participation. The following people and organizations contributed to this concept plan: Robert J. Frates, Director of Parks & Recreation, City of Kenai Jodi Stuart, Kenai resident National Park Service Rivers, Trails and Conservation Assistance Program City of Kenai Scott Hamann, Metal Magic insert photos here PARK CONCEPT SITE PLAN ENTRANCES Main entrance: An entry corral will consist of at least an 8' x 8' fenced area with two gates. This will allow pet owners to safely unleash their dogs prior to letting them into the dog run area. Surface material: The 3 Friends Dog Park in Soldotna uses crushed gravel, as well as playground fall attenuation material made from recycled tires. Wood chips are another possibility, although this material degrades more quickly and needs to be replenished regularly. The entrance will be covered by a structure similar in design and size to the structure at the Soldotna Dog Park (shown to the right). Amenities at the entrance will include: dog leash rack, memorial, community bulletin board with rules, water feature, and trash receptacles. Please see page X for details. Secondary entrance: A secondary double-gated entry will provide people and canines more convenient water access as well as a connection to the Daubenspeck Family Park trail system. DESIGN ELEMENTS & GUIDELINES WATER MANAGEMENT Water management plan, to be further developed by RTCA to ensure the site drains properly. Location: As indicated on the Site Plan Materials and design: Community-built, this sign will likely be cedar sand-blasted. See the Daubenspeck Park sign to pictured to the left. Design considerations: Legible from a distance, welcoming 1. KENAI COMMUNITY DOG PARK ENTRANCE SIGN 2. COMMUNITY BULLETIN BOARD Location: Just past the entrance gate inside the park Materials and design: Community-built Design considerations: Rules section that is clear and concise (maximum 5 main rules), community announcement section 3. CITY SIGNAGE Location: Northern end of parking area DESIGN ELEMENTS & GUIDELINES PARKING SIGNAGE Current parking is adequate, to the east of the park. SEPARATE SMALL DOG AREA A small dog area will be accessible through an additional gate, for use by smaller dogs and per the dog park rules. The exact size of this area, and the amenities it includes, have yet to be determined. FENCING Height: Minimum of 4 feet. Recommended height is 6 feet. Recommended materials: Galvanized or vinyl-coated steel chainlink LANDSCAPING Utilize current land and native landscaping Consider designing bio-swales on the southern boundary of the park to remove silt and pollution from surface runoff water Utilize permeable materials, such as permeable pavers Follow rain water Best Management Practices (BMP) Reuse, recycle and repurpose! Consider reusing materials that need to be moved during construction, such as cut wood from trees Landscaping principles for the park: TRAILS MAIN, ADA-ACCESSIBLE WALKWAY SECONDARY, PERIMETER TRAIL TERTIARY TRAILS ADA Accessibility: Grade not to exceed 5%. Routine grading that is uniform, firm and stable with no protrusions or obstacles. Trail width: Double-width, 10 feet wide Recommended materials: Crushed gravel This trail will run from the park's main entrance area, in the southeast corner of the park, along the southern boundary to the southwest corner of the park. Benches will be installed along the trail. Dimensions: To be determined Recommended materials: Crushed gravel Dimensions: To be determined Recommended materials: Crushed gravel A A B B C C DESIGN ELEMENTS & GUIDELINES LAWN Dimensions: About 0.5 acres Possible surface materials:  -Planted grass: Cheap and accessible material, highly susceptible to degradation with heavy use -Synthetic turf: Popular in wet environments, higher cost of installation -Engineered wood fiber: Popular in wet environments, higher cost of installation Maintenance: The City may consider a rotation of uses on the lawn to allow sections of grass to rest and regenerate. Off- leash usage will be allowed in one-half of the lawn until maintenance decides it is time to switch usage to the other half, allowing the grass to rest and regenerate, and be reseeded if necessary. This strategy is employed in parks in Portland, Oregon with success. DESIGN ELEMENTS & GUIDELINES MEMORIAL FEATURE Recommend installing a drinking fountain by the main entrance that includes a dog drinker/bowl. Location of water utility: TBD Example water features: A memorial feature is often the centerpiece of a community dog park. The heart of the dog park design, it can make a park uniquely reflect the community. Community members have brainstormed ideas for this memorial feature. Conceptual ideas include: - Commissioning a small arched bridge ending in a rainbow (in partnership with Davis Block or Best Concrete, who can make pavers). - Installing sponsored benches with memorial information. - Providing a place for animal ashes with engraved bricks or dog paw designs. This area could be called the "field of dreams" and include an eternal water feature. An additional public participation process is needed to determine the memorial feature. WATER FEATURE AMENITIES BENCHES TRASH RECEPTACLES PLAY ELEMENTS OTHER AMENITIES Trash receptacles and waste removal bag holders will be provided in the dog run area, making sure they are located with easy access for maintenance vehicles. These will be provided through community in-kind contributions. There are many creative ways to make this dog park fun and challenging for dogs. Single structures can be custom ordered, or built by community members. Packages of agility structures are also available from such sources as Dog Gone it Parks (see citation on Page X). Boulder/dirt mounds with tunnels These will be provided through community in-kind contributions. Tire tunnels Location and number of benches: It is recommended that seven benches are installed, at a minimum. Two will be located at each entrance, with three benches spaced along the main ADA accessible path. Security camera Additional covered area for humans Rainbow bridge water feature A-frame Agility walk Adjustable jump bar Flexible weave poles Source: https://www.dog-on-it-parks.com/classic-agility-equipment-1.html DESIGN ELEMENTS & GUIDELINES MAINTENANCE Schedule annual brushing of trails using volunteers Seek out partnerships that can help maintain the park Continue to write grants and explore fundraising opportunities Set up a monitoring plan to note areas of trail and lawn that need maintenance The Kenai Community Park does not currently have a budget for operations and maintenance. At this point, the following should be considered: PRELIMINARY BUDGET Fencing Trash receptacles Signage Benches Pooper-scooper station Waste bags - case of 3200 SIte work/tree removal/disposal of trees/clearing site as needed Grading, spreading mulch, stump grinding Park bulletin board Park rules sign Picnic tables Entry cover TOTAL ESTIMATED COST* *not including maintenance 27,300 2,400 5538.50 5,244 590 145 5,000 1,096 814 2,006 5,227.87 15,927.87 75,668.37 TBD In-kind In-kind In-kind TBD TBD In-kind TBD TBD In-kind TBD TBD Work description Total estimated cost Source of funding Marketing Update April 2021 YOUR TITLE GOES HERE SUBTITLE GOES HERE 2 OUR GOALS •Businesses •Kenai is the best place to run a business •Families •Kenai is the best place to live the Alaskan Lifestyle •Travelers •Kenai is the best place to experience Alaska 3 A RECAP OF 2020 BRANDING KENAI 4 OPPORTUNITY ABOUNDS Following our meeting with City Council in January 2020: •We researched a strategy to promote the City of Kenai throughout Alaska and the Lower 48 (L48). •We analyzed the most cost-effective methods to make the biggest impact. •We edited our photos & videos from our January visit. 5 •Start the journey to learn more •Energize former locals in different states LAYING THE FOUNDATION SINGLE POINT OF INFORMATION Expand the reach of marketing in a unique and informative way COMMUNITY PRIDE Rediscover what makes Kenai special 6 Developed an online presence that would: •Raise awareness about Kenai Shareable content Contribute to our marketing efforts 7 YOUR TITLE GOES HERE SUBTITLE GOES HERE 8 HOW COVID-19 CHANGED OUR STRATEGY THE IMPACTS OF THE PANDEMIC Commercial activity dropped. WE KEPT WORKING Uplift the community of Kenai while building momentum for 2021. 9 Summer 2020 Photo & Video Shoots Creating a “digital footprint” All travel stopped. “Work from home” Uncertainty & a fundamental shift in priorities. 10 KENAI SILVER SALMON DERBY •March 2020 -produced the new designs for the poster, tickets, banners & website 11 •From March –August: •$9,250 in sponsorships •+362% increase over 2019 •$2,910 in ticket sales •-1.6% drop from 2019 CAPTURING THE CITY CONTEST •Copromotion with KCCVC 12 •Community Involvement •Scenes from within the city ASSISTED LOCAL BUSINESSES 24 businesses 13 Website Design Marketing Strategy Social Media Advertising Digital Advertising Search Engine Optimization STREET BANNERS Promotes the Brand 14 Visible Change Enter The Best Place to ALASKA 15 PROMOTING KENAI BEST PLACE TO ALASKA February 2021 16 Relocation:Families &Businesses Highly targeted Most likely to move or relocate a business Branding /Awareness 17 TARGET MARKETS Realtor.com : 2020 Q3 Cross Market Demand: Kenai Peninsula 18 TARGET MARKETS 19 20 21 22 23 24 25 ADVERTISING TERMINOLOGY IMPRESSION REACH A single delivery of an ad Total number of people reached by an ad SESSION A single visit to a website 26 BEST PLACE TO ALASKA Relocation: Total Performance (Feb- April)2,213,000 Impressions Total 1,184,164 Video Plays 982,259 Reach (People) 2,313 Sessions Total 2.5 Pages per Session 27 28 29 30 KENAI SILVER SALMON DERBY •Update KSSD website 31 •From April –September: •Increase sponsor participation •Increase ticket sales •Expand nationwide awareness •Commence promotions MOVING FORWARD •Summer 2021: more photo and video content 32 •Continue branding the Best Place to ALASKA •Expand our focus to include travelers for Summer 2021 & Beyond TRAVELERS •Research Suggests Change 33 •Workcation •Alaska as a Winter Destination •Outdoor destinations •Hidden gems •Away from crowds 34 Branding Messaging Promotions Uplifting Kenai THANK YOU Kenai City Council - Regular Meeting Page 1 of 4 April 07, 2021 Kenai City Council - Regular Meeting April 07, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** 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. Steven Rouse - Kenai Peninsula Housing Initiatives (KPHI) Report on Senior and Affordable Rental Housing on City of Kenai Donated Land. 2. Pat Porter - Kenai Dog Park Update. 3. Coy West - Presentation on City of Kenai Marketing. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3196-2021 - Accepting and Appropriating Federal Funds from the Institute of Museum and Library Services Passed Through the Alaska State Library for Employee Training. 2. ENACTED UNANIMOUSLY. Ordinance No. 3197-2021 - Amending Kenai Municipal Code Section 23.50.010 - Employee Classification, to Amend the Class, Title, and Range, to Include a Capital Projects Manager. 3. ENACTED UNANIMOUSLY. Ordinance No. 3198-2021 - Amending Kenai Municipal Code Section 1.15.130 - Telephonic Participation, to Provide for Remote Electronic Participation. Kenai City Council - Regular Meeting Page 2 of 4 April 07, 2021 4. ENACTED UNANIMOUSLY. Ordinance No. 3199-2021 - Conditionally Waiving Certain Provisions of Title 17- Public Utilities and Enterprises, Related to Penalty, Interest and Shutoff for Nonpayment of Fees for Water and Sewer Utility Customers that Certified to the City That They Were Impacted by COVID-19 Pursuant to the City Manager’s Executive Order No. 2 During the Effective Period of the City’s Emergency Disaster Declaration. 5. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3200-2021 - Accepting and Appropriating an Amendment to 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. 6. ENACTED UNANIMOUSLY. Ordinance No. 3201-2021 - Increasing Estimated Revenues and Appropriations in the Airport Fund and Appropriating Funds in the Airport Snow Removal Equipment Capital Project Fund for the Purchase of Snow Removal Equipment – Multi-Purpose Broom/Blower. 7. ENACTED UNANIMOUSLY. Ordinance No. 3204-2021 - Increasing Estimated Revenues and Appropriations in the General Fund to Provide Funding for Approved Small Businesses Grants in Excess of Budgeted Amounts for the Grant Disbursement Program for Small Businesses that Did Not Previously Apply for Full Assistance from the City in 2020. 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Adoption (Requires Five Affirmative Votes) 8. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2021-20 - Adopting Policy No. 2021-01, Procedures for Selecting and Appointing a Qualified Person or Persons to Fill Vacancies on the City Council. 9. ADOPTED UNANIMOUSLY. Resolution No. 2021-21 - Approving Development Incentives for a Lease of Airport Reserve Lands for Schilling Rentals, LLC., on Lot 5A, Block 1, FBO Subdivision 2018 Replat. 10. ADOPTED UNANIMOUSLY. Resolution No. 2021-22 - Authorizing a Budget Transfer in the Airport Fund, Airfield Department and Authorizing Award of a Contract for Sand Screening. 11. ADOPTED UNANIMOUSLY. Resolution No. 2021-23 - Approving an Administrative Permit Process for Commercial Removal of Dead or Dying Trees from City Property. E. MINUTES 1. ADOPTED UNANIMOUSLY AS AMENDED. *Regular Meeting of March 17, 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 - Liquor License Renewals for Three Bears and Playa Azul. Kenai City Council - Regular Meeting Page 3 of 4 April 07, 2021 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/21/2021. *Ordinance No. 3202-2021 - Amending Kenai Municipal Code Sections 1.15.120, Rules Of Order, and 1.90.050, Proceedings, to Adopt the Most Current Edition of Robert’s Rules of Order Newly Revised as the Adopted Rules of Parliamentary Procedure for the City Council and for City Boards, Commissions, and Committees. 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 4/21/2021. *Ordinance No. 3203-2021 - Accepting and Appropriating a Volunteer Fire Assistance Grant from the United States Department of Agriculture Forest Service Passed Through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. 5. APPROVED UNANIMOUSLY. Action/Approval - Special Use Permit to Kenai Home Builder's Association for the Use of the Multipurpose Facility. 6. APPOINTMENT OF JANET PHILLIPS CONFIRMED. Action/Approval - Confirmation of Mayoral Nomination for Appointment to Beautification Committee. 7. Discussion - Condition of the Kenai Recreation Center. 8. Discussion - Spruce Bark Beetle Mitigation Planning. 9. Discussion - Hazard Pay for City Employees. 10. Discussion - COVID-19 Response. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 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 Kenai City Council - Regular Meeting Page 4 of 4 April 07, 2021 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. Join Zoom Meeting https://us02web.zoom.us/j/82166791799 Meeting ID: 821 6679 1799 Passcode: 737448 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 821 6679 1799 Passcode: 737448