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HomeMy WebLinkAbout2021-10-20 Council PacketKenai City Council - Regular Meeting Page 1 of 3 October 20, 2021 Kenai City Council - Regular Meeting October 20, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3.Certification of the October 5, 2021 Election Results 4. Agenda Approval 5. Oath of Office for Student Representative, Aleea Faulkner 6. 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) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1.Ordinance No. 3248-2021 - Accepting and Appropriating a Collection Equity Award from the Network of the National Library of Medicine Region 5 for the Purchase of Health and Wellness Titles for the Kenai Community Library Collection. (Administration) 2.Ordinance No. 3249-2021 - Accepting and Appropriating Funding from the American Library Association for the Kenai Community Library’s Participation in the NASA@ My Library Programming Initiative. (Administration) 3.Ordinance No. 3250-2021 - Increasing Estimated Revenues and Appropriations in the Vintage Pointe Enterprise Fund and Awarding a Contract for a Resident Maintenance Manager for the Vintage Pointe, Congregate Housing Facility. (Administration) Page 1 Kenai City Council - Regular Meeting Page 2 of 3 October 20, 2021 4. Ordinance No. 3251-2021 - Increasing Estimated Revenues and Appropriations in the General Fund, Clerk Department, for Costs in Excess of Budgeted Amounts Due to the Resignation of the City's Clerk and Onboarding of a New City Clerk. (City Council) 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Adoption (Requires Five Affirmative Votes) 5. Resolution No. 2021-61 - Opposing the Doyon Coalition Redistricting Map as Presented. (Council Members Knackstedt and Pettey) E. MINUTES 1. *Special Meeting of October 1, 2021. (City Clerk) 2. *Regular Meeting of October 6, 2021. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Ordinance No. 3252-2021 - Increasing Estimated Revenue and Appropriations in the Water & Sewer Fund for Operational Costs in Excess of Budgeted Amounts at the Waste Water Treatment Plant. (Administration) 3. *Ordinance No. 3253-2021 - Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Areawide Senior Thanksgiving Dinner. (Administration) 4. Action/Approval - Re-appointment of Rachael Craig to Council on Aging. (Mayor Gabriel) 5. Action/Approval - Approving an Employment Agreement Between the City of Kenai and City Clerk Michelle Saner. (City Council) 6. Action/Approval - Special Use Permit to Alaska Geographic for a Vending Kiosk in the Airport Terminal. (Administration) 7. Discussion - Kenai Dog Park. 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 Page 2 Kenai City Council - Regular Meeting Page 3 of 3 October 20, 2021 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. NOAA Fisheries Letter The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting OR https://us02web.zoom.us/j/83664855240 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 836 6485 5240 Passcode: 608329 Meeting ID: 836 6485 5240 Passcode: 608329 Page 3 CITY OF KENAI REGULAR ELECTION OF OCTOBER 5, 2021 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 5, 2021. Absentee (in-person, by-fax/email, personal needs, by-mail) and Questioned Ballots Voted 152 Absentee/Questioned Ballots Rejected 9 Absentee/Questioned Ballots Counted 143 Poll Voter Turn Out 619 / 9.87% Total Voter Turn Out 762 / 12.15% Number of Kenai Registered Voters 6271 ******************************************************************************************** FOR CITY COUNCIL, TWO THREE-YEAR TERMS CANDIDATES POLL VOTES RECEIVED ABSENTEE, ETC. VOTES RECEIVED TOTAL VOTES RECEIVED Duffield, James “Jim” 47 16 63 Douthit, Alexander 203 73 276 Baisden, James 279 47 326 Sounart, Deborah 302 40 342 Askin, Victoria 233 79 312 Write-Ins 14 3 17 ________________________________ ________________________________ Brian Gabriel, Sr., Mayor Robert J. Molloy, Vice Mayor ________________________________ ________________________________ Glenese Pettey, Council Member Henry Knackstedt, Council Member ________________________________ ________________________________ Victoria Askin, Council Member Jim Glendening, Council Member ________________________________ Teea Winger, Council Member ATTEST: ________________________________ ________________________________ Jamie Heinz, MMC, City Clerk Date Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3248-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A COLLECTION EQUITY AWARD FROM THE NETWORK OF THE NATIONAL LIBRARY OF MEDICINE REGION 5 FOR THE PURCHASE OF HEALTH AND WELLNESS TITLES FOR THE KENAI COMMUNITY LIBRARY COLLECTION. WHEREAS, the City of Kenai received a Collection Equity Award from the Network of the National Library of Medicine Region 5 for the purchase of health and wellness materials for the library collection; and, WHEREAS, the funds will be used to purchase materials in a variety of formats to support the health information needs of the residents of Kenai and surrounding communities; and, WHEREAS, there will be a focus on purchasing materials for underrepresented groups based on census data and informal community conversations; and, WHEREAS, it is in the best interest of the City of Kenai to 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 a grant from the State of Alaska, Department of Education and Early Development in the amount of $1,500 for the purchase of library books and to execute grant agreements 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 – Other Grants, Library $1,500 Increase Appropriations – Library--Books $1,500 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 4 Ordinance No. 3248-2021 Page 2 of 2 _____________________________________________________________________________________ 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 immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of October, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: October 6, 2021 Enacted: October 20, 2021 Effective: October 20, 2021 Page 5 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: October 6, 2021 SUBJECT: Ordinance 3248-2021-- Collection Equity Award from the Network of the National Library of Medicine, Region 5 The Library has been selected to receive a Collection Equity Award from the Network of the National Library of Medicine (NNLM). As per the award, the amount of $1,500 is to be used for the purchase of health and wellness titles in various formats and should be deposited in account 001-440-4666. We aim to serve as a resource for reliable health information and to help reduce health disparities in our community by making health information freely available and accessible. Health literacy is a 21st century skill that is crucial to understanding health information and making knowledgeable health-related decisions. The award will support our efforts to refresh and replenish our health section with new and updated titles. Your consideration is appreciated. Page 6 From:Dave Peck To:City_Council Subject:Proposed ordinance ORDINANCE NO. 3248-2021 RE: Library equity grant to purchase health care resources Date:Wednesday, October 6, 2021 12:29:41 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Kenai City Council members: Reading through tonite's agenda I noticed this proposed ordinance authorizing the library to receive a grant of $1,500 to purchase health care related materials to help under-represented people in the community attain equity in health care information or words to that effect. I believe the source of the money is a government entity as far as I can tell. I believe in libraries. I think they should be open to all & they should be free to stock whatever books or other materials covering a broad range of topics representing as many views as possible, even if they are offensive to some people. In addition libraries are community centers where people should be able to meet to discuss an array of issues including political topics of the day. My problem with this ordinance is the use of the term "equity" to justify it and the reason to authorize it. As we know, words mean something. And equity is a word that has a lot of meaning these days. It is politically charged, like it or not, for good reason. What is equity? I think the way it is used today describes a state where we are all required to be equal. The ideal starts small with good intentions but can slowly grow into all aspects of our lives. But, in the end, this is an impossible state to attain. History tells us the attempts lead to destruction, violence & death. I live in a small home in town. Someone else may live in a more valuable home on the Kenai River. I have to come to terms with the fact I may never have a waterfront home on the river because I cannot afford it. I may want to, but it is out of my reach financially. This is not anyone's fault. It is the result of an array of complicated personal choices I made along the way as to my priorities & desires. Is this equity? No. Equity says I too deserve a home on the Kenai River. In fact, it might dictate if I can't afford a home on the River, nobody will. Or the state will take that home on the river & my home as well and use those resources to somehow create an environment where everybody has a home provided free by the state like the huge apartment complexes we see in China or the previous Soviet satellite states like Ukraine. My concerns here have gone far beyond a simple $1,500 grant to the library to purchase materials here. Some might say too far. But It's not the grant. It's the term equity. If, for some reason, the City Council must accept the money as a grant to enhance "equity" I urge a no vote on the ordinance. The City should not accept the money. On the other hand, if equity has nothing to do with it, it would be fine. I would attend tonight to say this in person but we have other commitments. Thank you Dave Peck Page 2 of 31Page 2 of 31 Page 7 705 Sycamore St Kenai, Ak 99611 907-953-3248 Page 3 of 31Page 3 of 31 Page 8 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3249-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE AMERICAN LIBRARY ASSOCIATION FOR THE KENAI COMMUNITY LIBRARY’S PARTICIPATION IN THE NASA@ MY LIBRARY PROGRAMMING INITIATIVE. WHEREAS, the Kenai Community Library is just one of 60 libraries nationwide selected to be a NASA@ My Library partner; and, WHEREAS, NASA@ My Library is an education initiative created to increase and enhance STEAM (science, technology, engineering, arts and math) learning opportunities for library patrons throughout the nation, including geographic areas and populations currently underrepresented in STEAM education; and, WHEREAS, as part of this initiative, Kenai Community Library staff will receive training and resources to implement NASA events and programming, access to a university Subject Matter Expert to support patron engagement, and $1,600 for programming expenses; and, WHEREAS, over the next few months and into 2022, the library will offer STEAM and NASA programs for people of all ages; and, WHEREAS, NASA@ My Library is offered by the National Center for Interactive Learning at the Space Science Institute in partnership with the ALA Public Programs Office, Lunar and Planetary Institute and Education Development Center; and, WHEREAS, it is in the best interest of the City of Kenai to 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 funds from the American Library Association in the amount of $1,600 for programming expenses and to execute grant agreements 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 – Other Grants, Library $1,600 Increase Appropriations – Page 9 Ordinance No. 3249-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Library--Books $ 500 Library—Office Supplies 200 Library—Operating and Maintenance 700 Library—Advertising 200 $1,600 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of October, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: October 6, 2021 Enacted: October 20, 2021 Effective: October 20, 2021 Page 10 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: October 6, 2021 SUBJECT: Ordinance 3249-2021- NASA@ My Library Program Initiative The Kenai Community Library has been selected through a competitive application process to be part of NASA@ My Library, an education initiative created to increase and enhance STEAM (science, technology, engineering, arts and math) learning opportunities for library patrons throughout the nation, including geographic areas and populations currently underrepresented in STEAM education. We are one of just 60 libraries nationwide to be part of this initiative. As a NASA@ My Library Partner, the library will hold public programs that explore NASA science and technology, specifically around NASA’s newest next-generation telescope launch (fall 2021), the first telescope images (spring 2022), and as part of the summer reading program 2022. Library staff will receive training and resources to implement NASA events and programming, access to a university Subject Matter Expert to support patron engagement, and $1,600 for programming expenses. Your consideration is appreciated. Page 11 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3250-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CONGREGATE HOUSING ENTERPRISE FUND AND AWARDING A CONTRACT FOR A RESIDENT MAINTENANCE MANAGER FOR THE VINTAGE POINTE, CONGREGATE HOUSING FACILITY. WHEREAS, the City recently completed a request for proposal for an on-site resident maintenance manager for Vintage Pointe Manor, Congregate Housing Facility; and, WHEREAS, the estimated annual cost for resident (on-site) maintenance manager services is $74,004; and, WHEREAS, the adopted FY2022 Budget included $61,260 for these services, an insufficient amount to award an agreement, requiring supplemental funding prior to award; and, WHEREAS, supplemental funding of $9,600 is required for award of the agreement for the remaining 9 months of FY22 and is available from the Congregate Housing Enterprise Fund’s retained earnings; and, WHEREAS, Sadler Property Management submitted the only proposal to provide resident maintenance management services; and, WHEREAS, review of Sadler Property Management’s proposal showed it to be responsive and reasonable and the administration recommends award of an agreement to Sadler Property Management for resident (on-site) management services; and, 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: Congregate Housing Fund: Increase Estimated Revenues – Appropriation of Retained Earnings $9,600 Increase Appropriations – Professional Services $9,600 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 Page 12 Ordinance No. 3250-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 20th day of October, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: October 6, 2021 Enacted: October 20, 2021 Effective: October 20, 2021 Page 13 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: September 28, 2021 SUBJECT: Ordinance 3250-2021 Supplemental Appropriations Pursuant to KMC, a Request for Proposal was completed for the on-site maintenance manager for Vintage Pointe Manor, Congregate Housing Facility. Sadler Property Management submitted the only proposal and the negotiated amount increased from the previous proposal of 2016. The FY2022 Budget will require a budget revision and supplemental appropriation prior to awarding the contract. Since 2011, Bill Sadler, dba Sadler Property Management has been the on-site maintenance contractor for Vintage Pointe Manor. He remains dedicated to maintaining our senior housing facility and supporting the residents. Your support for the Ordinance 3250-2021 and contract is greatly appreciated. Thank you. Page 14 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: October 14, 2021 SUBJECT: Ordinance 3250-2021 Requested Amendment The purpose of this memo is to request an amendment to Ordinance 3250-2021. The original ordinance does not include the necessary language to allow the City Manager to award the contract. The following amendment is respectfully requested. Motion Thank you for your consideration. Add a new Section 2 that reads: That the City manager is authorized to execute a contract for the Resident Maintenance Manager for the Vintage Pointe Congregate Housing Facility with Sadler Property Management for the remainder of Fiscal Year 2022 in the amount of $55,503 and for Fiscal years 2023 and 2024 in the amount of $74,004 annually. And renumber the current Sections 2 and 3 to 3 and 4. Page 15 Agreement for Contract Services – Vintage Pointe Congregate Housing Page 1 of 8 AGREEMENT FOR CONTRACT SERVICES FOR VINTAGE POINTE MANOR CONGREGATE HOUSING FACILITY THIS AGREEMENT For Contract Services is made by and between the City of Kenai (Owner), whose address is 210 Fidalgo Avenue, Kenai, Alaska, 99611-7794, and William Sadler (Contractor) whose address is 381 Senior Court, Apt. 106, Kenai, Alaska 99611. WHEREAS, Owner desires to contract for on-site facility management services for the Vintage Pointe Manor Congregate Housing Facility, located at 381 Senior Court; and, WHEREAS, Contractor is in the business of providing professional facilities management services and desires to enter an agreement with the City of Kenai to provide those services. NOW, THEREFORE, the parties hereto agree as follows: 1. Beginning on October 1, 2021, and ending on June 30, 2024, (two years and nine months term) unless terminated earlier pursuant to this Agreement, Contractor shall provide and perform for Owner the services described in Attachment A “Specifications For Agreement For Contract Services Vintage Pointe Manor Congregate Housing Facility” for the Vintage Pointe Manor (the Premises), and the Contractor’s Proposal dated September 19, 2021, a copy of which is attached and by this reference fully incorporated herein. This Agreement may be extended for two successive one-year terms by mutual written consent of Owner and Contractor. Contractor shall be paid by the City an annual amount of $74,004, paid on a monthly basis and prorated for any partial year period. 2. In the event of any inconsistency or conflict between this Agreement, the Specifications For Agreement For Contract Services Vintage Pointe Manor Congregate Housing Facility (Attachment A), and the Contractors Proposal Dated September 19, 2021, the documents shall have the following order of precedence: the Agreement controls over Attachment A and the Proposal, and Attachment A controls over the Proposal. 3. Any personnel furnished by Contractor shall be employees of Contractor, and Contractor shall pay all salaries and expenses of, and all federal social security taxes, Page 16 Agreement for Contract Services – Vintage Pointe Congregate Housing Page 2 of 8 federal and state unemployment taxes, and any similar payroll taxes relating to such employees. Contractor acknowledges and agrees that Contractor provides services hereunder solely as an independent contractor. Contractor will not at any time, directly or indirectly, act as an agent, servant, or employee of Owner, nor will Contractor make any commitments or incur any liabilities on behalf of Owner without Owner’s express written consent. 4. Contractor shall provide all proper safeguards and assume all risks incurred in performing the services to be provided under this Agreement. 5. Throughout the life of this Agreement Contractor shall, at Contractor’s own expense, secure and keep in force the following insurance: a. Comprehensive general liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual coverage with a per occurrence limit of not less than FIVE HUNDRED THOUSDAND DOLLARS ($500,000) combined single limit, and automobile liability insurance with minimum coverage of $1,000,000 combined single limit bodily injury and property damage per occurrence. This insurance shall be primary and exclusive of any other insurance carried by the City of Kenai. The comprehensive general liability insurance shall be without limitation on the time within which the resulting loss, damage, or injury is actually sustained; and, b. Per Alaska State Statutes, Worker's Compensation and Employers Liability Insurance shall be provided for all employees who are performing work under this contract. Where specific limits are stated, the limits are the minimum acceptable limits. If Contractor’s insurance policy contains higher limits, Owner is entitled to coverage to the extent of the higher limits. All insurance shall meet the following additional requirements: a. Certificate(s) of Insurance shall be provided by Contractor and all subcontractors, or their Insurance Companies and/or their Agents, naming the City of Kenai as an additional insured for the work specified in this contract with a waiver of subrogation for commercial general liability Page 17 Agreement for Contract Services – Vintage Pointe Congregate Housing Page 3 of 8 insurance and automobile liability insurance. The certificates of insurance must reference the specific contract by name and project number. Workers compensation insurance must be endorsed for waiver of subrogation against the City. Certificates of Insurance, acceptable in form and content, will be delivered to Owner at the address designated for legal service in the agreement, at or prior to presentation of the contract for execution by owner. b. There shall be no cancellation or material change of the insurance coverage, or intent not to renew the insurance coverage’s as specified in this contract, without thirty (30) days prior written notice to the City of Kenai. Notice of cancellation, material change in coverage, or intent not to renew will be delivered to the address designated for legal notice in the agreement. c. Upon renewal or change in policies during the contract, Certificates of Insurance shall be delivered to the address designated for legal notice in the agreement d. Be issued by a company/corporation currently rated “A-“or better by A.M. Best. 6. Without limiting the responsibility, Contractor agrees to abide by the terms of the standard lease agreement for tenants at the Premises, and any applicable rules or regulations (except as may be expressly modified herein), and further agrees that the failure of Contractor, or of any other persons residing in the Contractor’s apartment provided for under this Agreement, or of Contractor’s employees to do so, is cause for Owner to terminate this Agreement. All Employees not identified in the Contractor’s proposal and previously approved by Owner must be separately approved by Owner prior to Working at Vintage Pointe Manor. 7. Contractor agrees that because this Agreement requires regular contact with potentially vulnerable adults and because this Agreement requires access to all portions of the premises, Contractor’s work hereunder is subject to and contingent upon a satisfactory background check of all personnel, including owners and employees who will perform work under this Agreement. Contractor shall provide any and/or all releases and other documentation required for Owner to perform criminal and other background checks. 8. Contractor agrees that the facility manager services to be provided hereunder Page 18 Agreement for Contract Services – Vintage Pointe Congregate Housing Page 4 of 8 shall be performed by qualified, careful, and efficient personnel in strict conformity with the best practices and highest applicable industry standards. Contractor agrees that all contractors’ personnel shall follow the policies of the City of Kenai relating to the operation of Vintage Pointe Manor. Contractor shall be available to report and confer with the Senior Center Director with respect to services rendered. Contractor is at all times responsible for the direct supervision of Contractor’s personnel. In exchange for performance of services hereunder, Owner shall make payment upon proper invoicing from Contractor for services rendered as provided in Contractor’s Proposal dated June 3, 2016 and Attachment A, Specifications For Agreement For Contract Services Vintage Pointe Manor Congregate Housing Facility. 9. Contractor must make timely payments for Apartment 106 rent as provided in Attachment A, Specifications For Agreement For Contract Services Vintage Pointe Manor Congregate Housing Facility. Failure to make timely payments shall be cause for termination of this Agreement and Eviction. 10. Contractor shall perform all services required hereunder, except when prevented by strike, lockout, act of God, accident, or other circumstances beyond Contractor’s control. 11. The contractor shall indemnify, hold harmless, and defend the City at its own expense from and against any and all claims, losses, damages or expenses, including reasonable attorney’s fees, of, or liability for, any wrongful or negligent acts, errors, or omissions of the contractor, its officers, agents or employees, or any subcontractor under this contract. The contractor shall not be required to defend or indemnify the City for any claims of, or liability for, any wrongful or negligent act, error, or omission solely due to the independent negligence of the City. If there is a claim of, or liability for, the joint negligence of the contractor and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall be determined upon final determination of percentage of Page 19 Agreement for Contract Services – Vintage Pointe Congregate Housing Page 5 of 8 fault. If any such determination is by settlement, the percentage of fault attributed to each party for purposes of this indemnification provision shall only be binding upon the parties included in the settlement agreement. “Contractor” and “City” as used in this article include the employees, agents, officers, directors, and other contractors who are directly responsible, respectively, to each. The term “independent negligence of the City” is negligence other than in the City’s selection, administration, monitoring, or controlling of the contractor and in approving or accepting the contractor’s work. 12. This Agreement may be terminated with cause by giving fifteen (15) days’ written notice addressed to the other party. This Agreement may be terminated without cause upon thirty (30) days’ written notice. 13. Contractor agrees to keep office hours from 8:00 a.m. to 12:00 p.m., Monday through Friday and be on call and available during other hours. 14. No person under the age of eighteen (18) years of age may reside in Contractor’s apartment. 15. Contractor is required to abide by all rules and regulations governing the Tenants of the Premises, except for the senior citizen age eligibility requirements. 16. Contractor shall not keep pets of any kind in contractor’s apartment, nor are pets allowed on the Premises. 17. This Agreement may not be assigned to any other person or entity without written approval by Owner. 18. Any and all notices required or permitted under this Agreement shall be in writing and hand-delivered or mailed by first-class mail, postage prepaid, to the following addresses: Page 20 Agreement for Contract Services – Vintage Pointe Congregate Housing Page 6 of 8 To Owner: To Contractor: Kathy Romain William Sadler Senior Center Director Vintage Pointe Onsite Contractor 361 Senior Court 381 Senior Court, Apt #106 Kenai, AK 99611 Kenai, AK 99611 (907) 283-4156 ( 907 ) 953-0092 Either party may change its address for notice by giving notice as provided herein to the other party. Notice is effective upon hand-delivery or three days after deposit, postage prepaid, in the United States mail. (This notice provisions does not apply to transmission of complaints or requests for services by Owner/Administrator to Contractor.) 19. This Agreement, together with the attached Specifications (Attachment A), contains the entire agreement of the parties. All negotiations, statements, representations, warranties, and assurances, whether oral or written, which are in any way related to the subject matter of this Agreement or the performance of either party hereto are merged and integrated into the terms of this Agreement. This Agreement may not be modified or amended except by a writing signed by both parties hereto, and any purported amendment or modification is without effect until reduced to a writing signed by both parties. 20. Contractor shall not discriminate against any person because of the person’s race, religion, color, national origin, age, physical or mental disability, sex, marital status, change in marital status, pregnancy, parenthood or political affiliation. Permittee recognizes the right of Owner to take any action necessary to enforce this requirement. Contractor will furnish services provided under this Agreement on a reasonable, and not unjustly discriminatory, basis. 21. This Agreement is effective as of the date of the last signature. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. Page 21 Agreement for Contract Services – Vintage Pointe Congregate Housing Page 7 of 8 OWNER: CITY OF KENAI By: Paul Ostrander Date City Manager STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ___ day of _____________, 20___, by Paul Ostrander, City Manager of the City of Kenai, an Alaska home rule municipality, on behalf of the City. NOTARY PUBLIC for State of Alaska My Commission Expires: CONTRACTOR: By: ______________________ Date STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ___ day of _____________, 20___, by . NOTARY PUBLIC for State of Alaska My Commission Expires: Page 22 Agreement for Contract Services – Vintage Pointe Congregate Housing Page 8 of 8 Approved as to Form by City Attorney ____________________ Scott M. Bloom Page 23 Specifications For Agreement Of Services-Attachment A Page 1 of 6 ATTACHMENT A SPECIFICATIONS FOR AGREEMENT FOR SERVICES VINTAGE POINTE MANOR CONGREGATE HOUSING FACILITY 1. Contractor is required to rent apartment #106 within the facility for the term of the contract and is responsible for electricity and telephone charges. The Contractor’s personnel performing under the Agreement will reside in the apartment and be available to provide the services required in these specifications. 2. The Contractor will furnish the necessary equipment and cleaning supplies needed for the performance of cleaning and maintenance, with the exception of supplies and equipment already located at the facility. 3. Contractor is responsible for ensuring its employees are thoroughly familiar with these specifications. 4. The City Manager has designated the City’s Director of Senior Services to be the Contract Administrator on the City’s behalf. Contractor will be responsible for prompt attention to any defective work called to attention by the Contract Administrator. If complaints regarding building management services are sent to Contractor by mail, Contractor shall act on the complaint within twenty-four (24) hours of receipt. If the complaint regarding building management services is delivered to the Contractor orally by the Contract Administrator, the Contractor shall act on the complaint on the same day the complaint is delivered. If the deficiencies are not corrected in the allotted time, the City will arrange to have the work done and all charges will be deducted from Contractor's monthly payment. 5. Contractor must have a cell phone whereby Contractor can be contacted at any time. 6. Contractor must ensure coverage at all times, and assign and arrange for alternative coverage anytime primary personnel are off site for twenty-four (24) hours or more. 7. Contractor may be required to meet with the Contract Administrator as needed each month to conduct an inspection of the premises and discuss performance. 8. Contractor must have a State of Alaska business license and a Kenai Peninsula Borough sales tax account number. The following Specifications are subject to change or modification upon agreement between Contractor and City. Page 24 Specifications For Agreement Of Services-Attachment A Page 2 of 6 DAILY MAINTENANCE 1. Maintain entry, arctic foyer and common areas on the first, second and third floors. 2. Clean all public rest rooms and replenish all needed supplies. 3. Empty all common area trash receptacles. 4. Keep parking lot and grounds free of debris and trash. 5. Sweep sidewalks and gutters as needed. 6. Keep light fixtures in common areas in working order. City will reimburse Contractor for lighting supplies. WEEKLY 1. Prepare a weekly report of general work completed. 2. Prepare a weekly report of tenant concerns and services provided to each tenant. 3. Accept tenant maintenance requests verbally or in writing. Requests will be completed or scheduled for repair and results recorded in a daily log. MECHANICAL SERVICES 1. Check boiler room for needed repairs and maintenance at least weekly, to include: a. Maintain adequate pressure and temperature on boiler. b. Maintain proper operation of all pumps. c. Maintain level of glycol tank. d. Maintain temperatures of domestic water tanks. 2. Maintain Air Compressor: a. Check and maintain oil level and change at least every six months. b. Check air filters (replace if needed). c. Drain condensation from tank. d. Check operation of fan motor in air handling unit. e. Verify proper operation of exit lighting. f. Check belts (replace as needed). g. Check mounting bolts (replace as needed). h. Clean cooling fans. 3. Test emergency lighting at least monthly. Page 25 Specifications For Agreement Of Services-Attachment A Page 3 of 6 a. Maintain a written log of the dates the tests are made and the initials of the person performing the test. 4. Fire Department connection: a. Confirm the connection is readily visible and accessible and not obstructed. b. Confirm the caps are in place and the swivel threads are in good condition. c. Confirm the check valve is not leaking. d. Notify the Administrator of any deficiencies for contract repair. 5. Fire Control Panel – test at least monthly. 6. Air Handling Unit a. Replace filters on air handling unit (if needed). b. Change set point on air handling system controls to summer setting at end of heating season. c. Change set point on air handling system controls to winter setting at beginning of heating season. d. Check operation of dampers. e. Oil all bearing inserts as needed. 7. Slab Heat a. Switch slab heat off for summer use (end of heating season). b. Switch slab heat on for winter use (beginning of heating season). c. Clean snow and ice sensor in slab at beginning of heating season and again mid-winter. FALL/WINTER 1. Monthly drain down low-point drains in dry fire protection system. 2. Put away all yard equipment for the winter. 3. Drain and store outside hoses. 4. Discard hanging flower baskets the last week of September, flowers in rock planters by October 1. 5. Ensure all outside water faucets are secure and not dripping prior to freeze up; maintain accordingly. 6. Store portable planters. 7. Keep the driveway, sidewalks, walkways, trash area, and entry/exit doorways free Page 26 Specifications For Agreement Of Services-Attachment A Page 4 of 6 of snow and ice. 8. Clean out dampers in dryer vents on 1st, 2nd and 3rd floor on a yearly basis or as needed. 9. Assist the Parks & Rec Department with putting Christmas lights on outside of building by November 15. Put Christmas trees in card room and 2nd floor commons area. Decorate both. Remove and store Christmas and Holiday decorations by January 5. Encourage resident participation as available. Put up, take down, and store other holiday decorations as appropriate. SPRING/SUMMER 1. Unit Heaters a. Clean diffusers, coil, and fan blades. b. Tighten fan bolts on fan guard and motor frames. c. Lubricate fan motors with turbine oil. 2. Storage Area Heaters d. Lubricate fan motors with turbine oil. e. Clean coils and fan blades. 3. Drain down low-point drains in dry fire protection system. 4. Replace filter canister on humidifier as applicable. 5. Place and maintain seasonal flowers including hanging baskets. 6. Monitor maintenance of lawn and shrubs by outside contractors. 7. install ground mulch when needed. AS NEEDED 1. Vacuum and clean common areas and apartments (after tenants vacate). Note: Carpet in apartments to be professionally cleaned. 2. Replace light bulbs throughout building as needed. (Fluorescent bulbs should be replaced ASAP to prevent damage to ballasts.) 3. Maintain sidewalks to stay free of snow and ice accumulation. 4. Minor plumbing repair Page 27 Specifications For Agreement Of Services-Attachment A Page 5 of 6 a. Replace bad seals in faucets. b. Replace broken toilet seats. c. Reseal toilets if wax seal is broken and leaky. d. Clean out drains at individual fixtures if clogged. e. Repair leaks on drains or water supplies to individual fixtures. f. Replace bad or broken showerheads. 5. Minor sheetrock repair a. Repair anything under the size of a quarter in diameters. b. Touch-up paint as needed. 6. Minor wallpaper repair a. Re-glue as needed. 7. Minor hardware repair a. Drawer slides: adjust or replace as needed. b. Cabinet hinges: adjust or replace as needed. i. Locksets: adjust only. ii. Door closer: adjust or replace. iii. Window closer: oil and adjust. iv. Blinds: adjust or replace. 8. Minor carpet repair a. Re-glue as needed in the common areas and stairwell and staircase areas. 9. Monitor emergency system. 10. Contact proper authorities when emergencies arise (We have our own AEDs) a. When emergencies arise, call 911. b. If you know of a tenant that has been transported to the hospital, as a result of a 911 call, notify the Senior Center Director as soon as reasonably possible. c. If you are concerned about a resident’s wellbeing, notify the Senior Center Director or other appropriate Senior Center Staff if Director is unavailable, and a wellness check will be done. 11. Do minor maintenance and repairs of apartments. 12. Clean and show vacant apartments to prospective tenants. 13. Report needed maintenance to Administrator only. 14. Ensure compliance with maintenance schedule provided by the City, as contained Page 28 Specifications For Agreement Of Services-Attachment A Page 6 of 6 herein. 15. Be available to handle tenant concerns at various hours. 16. Maintain all janitorial and storage units in a clean, safe and orderly condition. 17. Maintain smoke detectors and fire extinguishers according to the City fire code. 18. Provide regular maintenance of second floor common area kitchen facility. 19. Enforce the dwelling unit lease agreement. 20. Keep the boiler room clean and free of debris. 21. For materials to be reimbursed by City, purchase only AFTER approved purchase order is obtained, outside of emergency purposes. Failure to comply with the terms of these specifications shall subject the contract to termination. Y:\Dept - Senior Center\Agreements\2015 0408 VP Caretaker Specifications-Attachment A.docx Page 29 Sponsored by: City Council CITY OF KENAI ORDINANCE NO. 3251-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND, CLERK DEPARTMENT FOR COSTS IN EXCESS OF BUDGETED AMOUNT DUE TO THE RESIGNATION OF THE CITY’S CLERK AND ONBOARDING OF A NEW CITY CLERK. WHEREAS, upcoming employee attrition, the hiring of a new City Clerk, unbudgeted acting pay, and a larger than expected annual leave cash out require additional funds in the General Fund, Clerk Department. 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 $8,450 Increase Appropriations – Clerk Department: Salaries $3,850 Leave 3,650 Medicare 100 PERS 850 $8,450 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 20th day of October, 2021. BRIAN GABRIEL SR., MAYOR Page 30 Ordinance No. 3251-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: October 20, 2021 Enacted: October 20, 2021 Effective: October 20, 2021 Page 31 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: October 11, 2021 SUBJECT: Ordinance No. 3251-2021 With the hiring of a new City Clerk, the need for Acting Pay to cover a small period of time between City Clerks, and the need for an Annual Leave Payout due to a resignation, supplemental funding will be needed in the Clerk Department budget for the remainder of FY2022. Your consideration is appreciated. Page 32 Sponsored by: Council Members Knackstedt and Pettey CITY OF KENAI RESOLUTION NO. 2021-61 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING THE DOYON COALITION REDISTRICTING MAP AS PRESENTED. WHEREAS, the City of Kenai has a land area of approximately 29 square-miles with a population of 7,424 according to the 2020 Decennial Census; and, WHEREAS, the Alaska Redistricting Board, in accordance with Article 6 of the Alaska State Constitution and the Federal Voting Rights Act of 1965, is charged with preparing a redistricting plan based on results from each decennial U.S. Census; and, WHEREAS, the Alaska Redistricting Board has adopted six plans for inclusion in the public hearing tour and all maps, with the exception of one keep the City of Kenai whole in one district; and, WHEREAS, the Doyon Coalition Proposed Plan, adopted by the Alaska Redistricting Board for inclusion in the public hearing tour, separates out a portion of the City of Kenai and puts it in a different district from the rest of the City of Kenai; and, WHEREAS, the Alaska Division of Elections sets election precincts from the finally adopted Redistricting Map and does not create split precincts for themselves by crossing district lines; and, WHEREAS, if the Doyon Coalition Proposed Plan were to be finally adopted by the Alaska Redistricting Board, as currently presented, it is likely the portion of the City of Kenai located in a different district from the rest of the City of Kenai will be included in an election precinct with the majority of the precinct being outside of the Kenai City Limits not only creating a fourth election precinct for the City of Kenai but also causing a split precinct for local elections; and, WHEREAS, by adding a fourth precinct the City will realize increased costs for its elections; and, WHEREAS, additionally, it is very possible that a City of Kenai resident in this portion of the City separated into a different district could have to travel outside of the City of Kenai to cast their City of Kenai ballot which could contribute to voter confusion. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The Council of the City of Kenai opposes the Doyon Coalition Redistricting Map as currently presented. The City of Kenai has no opposition to other plans or the Doyon Coalition map if it is amended to keep the City of Kenai whole in one district. Section 2. That this resolution takes effect immediately upon passage. Page 33 Resolution No. 2021-61 Page 2 of 2 _____________________________________________________________________________________ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of October, 2021. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, MMC, City Clerk Page 34 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Council Members Knackstedt and Pettey DATE: October 13, 2021 SUBJECT: Resolution No. 2021-61 The Doyon Coalition Redistricting Map, as currently drafted, separates a portion of the City of Kenai and includes it in a different district from the rest of the City of Kenai. Because the Division of Elections draws precinct lines after redistricting is accomplished, and would not create a split precinct for themselves with two districts in one precinct, it is likely that the portion of the City of Kenai separated into another district would be included in an election precinct with the majority of the precinct being outside of the Kenai City Limits. This potentially creates a fourth precinct for the City of Kenai to staff, causes a split precinct for local elections, and potentially causes a City of Kenai resident to travel outside of the City of Kenai to cast their City of Kenai ballot which would contribute to voter confusion. Your consideration is appreciated. Page 35 7-D 8-D 6-C 7-D 8-D 6-C K e n ai S p u r H w y Gas Well RdKalifornsky Beach RdFunny River R dS-490Keystone Dr Oil Co Rd PvtEcho Lake RdBeaver Loop RdLa wton Dr Br i dge Access RdUnocal Airport RdConner RdMarathon RdMackey Lake RdWoods DrForest LnBuo y Ave Ski Hill RdFrogberry StW Poppy L n Arc Loop Rd4th Ave Big Eddy Rd 1s t S t Ciech ansk i R dVip DrJohnsons Dr Red ou bt Ave N Kobuk StRainbow DrE Re do ubt Av e Carv er D rN Willow StPine StBorg en Av e Skyline DrM a n n D r R o s s D r G ru b e r R d Isaak R d Porter Rd W Re doubt Ave Aliak Dr Mu rwood Ave K B Dr Lake StI AveBirch StE Aliak Dr MistralBowpicker Ln2nd Ave Oe h l er R d Birch Rd4th St Angler DrE ndicott Dr B lu e b e r r y A v ePark StIsbell StOrd LnDerks La ke Rd Griffin Ave Shady StFrontier Ave Stra wbe rr y Rd Rafie StEven LnPhilli ps Dr S Kobuk StWatergate Way Tischer AveIrons AveF r o n t a g e R d Main St Lp Walker StWhitlock Av e Virgina DrMarcus StTote RdGaede StS Spuce StBaker StK a l g i n D r Andrews Ave San dy L n B on i ta Av eWooods DrPrai rie Ave D ia m o n d W illo w L n To giak StMaple DrBig D RdSolid Rock RdK atm ai A veR ogers R dTurnbuckle Ter Pine Ave Swires RdKhamsin StS ilv e r S a lm o n D rN Binkley StCoyote L n Lori Jo StBoundary StSacaloff Dr Exit AveSh o t g u n Dr Tisher AveEider Dr Alex DrLa ke si de Av e Ya rrow Ave Diane LnPolar StKendanemken DrFern StHen ley Av e Karl uc k Ave Sohi StFrazier RdDrift Dr Baylor StWells WayBaranof StPea rs on Ave Grant A ve Heath StLinda LnBarabara DrCole StIowa StWatermelon Ave Mooring Dr Paulk Dr C arver R dK ik t o y a L n Tiller Ave Lupine StAlpha DrHelmsman St Ravenwood StMullen DrC ommerce StPatson RdPrdrLo g Av eYewell RdScotch Run StFi r eweed LnCone CirLong DrInd ep en d ence Ave Ox f o r d A ve A m y L n Daisy Dr1st StStra wbe rr y R d Kenai Peninsula Kenai Soldotna Kalifornsky Ridgeway Sterling Salamatof Funny River Doyon Coalition Proposed District 7-D Proposed Redistricting Plan Adopted by the Alaska Redistricting Board 9/20/2021 Based on 2020 Census Geography and 2020 PL94-171 Data Map Gallery link: www.akredistrict.org/maps Page 36 KENAI CITY COUNCIL – SPECIAL MEETING OCTOBER 1, 2021 – 4:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MINUTES A. CALL TO ORDER A Special Meeting of the Kenai City Council was held on October 1, 2021, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at 4:00 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 MOTION: Council Member XXXX MOVED to approve the agenda with the additions to the packet and requested UNANIMOUS CONSENT. Council Member XXXX SECONDED the motion. VOTE: There being no objections, SO ORDERED. B. INTERVIEWS 1. City Council Interviews of City Clerk Applicant Finalists Council conducted interviews in open session of City Clerk candidates in the following order: Meri Jane Bohn, Michelle Saner. Page 37 City of Kenai Special Council Meeting Page 2 of 3 October 1, 2021 C. PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) None. D. EXECUTIVE SESSION 1. City Council Discussion of Interviews and Qualifications of City Clerk Applicant Finalists. [AS 44.62.310(C)(2)(D)(5) a Subject that Tends to Prejudice the Reputation and Character of an Applicant, and Meetings of the Governmental Body when Holding a Meeting Solely to Act Upon Matters of Professional Qualifications.] MOTION: Vice Mayor Molloy MOVED to enter into executive session to discuss the interviews and qualifications of City Clerk applicant finalists pursuant to AS 44.62.310(C)(2)(D)(5) a subject that tends to prejudice the reputation and character of an applicant; and meetings of the governmental body when holding a meeting solely to act upon matters of professional qualifications. Council Member Askin SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. MOTION TO RECONSIDER: Vice Mayor Molloy MOVED to reconsider the motion to enter into executive session to discuss the interviews and qualifications of City Clerk applicant finalists pursuant to AS 44.62.310(C)(2)(D)(5) a subject that tends to prejudice the reputation and character of an applicant; and meetings of the governmental body when holding a meeting solely to act upon matters of professional qualifications, and requested the City Attorney be available and Council Member Winger SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. The motion to move into executive session was withdrawn with consent of the second. MOTION: Vice Mayor Molloy MOVED to enter into executive session to discuss the interviews and qualifications of City Clerk applicant finalists pursuant to AS 44.62.310(C)(2)(D)(5) a subject that tends to prejudice the reputation and character of an applicant; and meetings of the governmental body when holding a meeting solely to act upon matters of professional qualifications, and requested the City Attorney be available. Council Member Askin SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. Council reconvened in open session and Vice Mayor Molloy reported the Council met in executive session and discussed the interviews and qualifications of the City Clerk applicant finalists. Page 38 City of Kenai Special Council Meeting Page 3 of 3 October 1, 2021 a. Action/Approval – Council Action Related to City Clerk Recruitment and Hire Process. MOTION: Vice Mayor Molloy MOVED to offer the position of City Clerk to Michelle Saner subject to successful reference check, background check, and contract negotiation and Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested VOTE: There being no objections, SO ORDERED. E. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:25 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of October 1, 2021. _____________________________ Jamie Heinz, MMC City Clerk Page 39 City of Kenai Council Meeting Page 1 of 9 October 6, 2021 KENAI CITY COUNCIL – REGULAR MEETING OCTOBER 6, 2021 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on October 6, 2021, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Robert Molloy Henry Knackstedt Teea Winger Jim Glendening Glenese Pettey Victoria Askin A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval MOTION: Mayor Gabriel noted the following additions to the packet: Add to item G.4. Ordinance No. 3248-2021 • Public Comments Add to item G.4. Reconsideration of Ordinance No. 3243-2021 • Enacted Ordinance No. 3243-2021 • Public Comments Vice Mayor Molloy MOVED to approve the agenda with the requested revisions and with the removal of item G.7. Council Member Knackstedt SECONDED the motion. Page 40 City of Kenai Council Meeting Page 2 of 9 October 6, 2021 UNANIMOUS CONSENT was requested and OBJECTED to. VOTE: YEA: Gabriel, Askin, Glendening, Molloy, Pettey, Winger, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. 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 – None. C. UNSCHEDULED PUBLIC COMMENTS Lena Wissmar spoke in favor of the Kenai Dog Park, noting that the packed included a letter from former Mayor Pat Porter. She encouraged Council to consider the three main points outlined in the letter by either scheduling a work session or adding it to a future Council meeting agenda. Karen Seitz noted that raffle tickets are being sold to raise funds for the Kenai Dog Park, and thanked Council for their support. D. PUBLIC HEARINGS 1. Ordinance No. 3246-2021 - Accepting and Appropriating an Airport Improvement Program Grant from the Federal Aviation Administration in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment– Multi-Purpose Broom/Blower. (Administration) MOTION: Page 41 City of Kenai Council Meeting Page 3 of 9 October 6, 2021 Council Member Knackstedt MOVED to enact Ordinance No. 3246-2021 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. Administration and Airport Manager Conway were thanked for their work in obtaining funding for the blower. Clarification was provided that the estimated delivery for the equipment would be in Spring 2022. VOTE: YEA: Askin, Glendening, Molloy, Pettey, Winger, Knackstedt, Gabriel NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3247-2021 - Increasing Estimated Revenues and Appropriations in the Water and Sewer Special Revenue and Water and Sewer Improvements Capital Project Funds, Awarding a Professional Services Agreement and Corresponding Purchase Order for Mission Avenue Water Main Repairs. (Administration) • Substitute Ordinance No. 3247-2021 MOTION: Vice Mayor Molloy MOVED to enact Ordinance No. 3247-2021 and Council Member Glendening 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. MOTION TO AMEND BY SUBSTITUTE: Council Member Glendening MOVED to amend Ordinance No. 3247-2021 by substitute ordinance and Vice Mayor Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Glendening, Molloy, Pettey, Winger, Knackstedt, Gabriel, Askin NAY: MOTION PASSED UNANIMOUSLY. Clarification was provided that the amendment corrected an error in the appropriation section. It was noted that this appropriated all the funding needed for the project to completion, and that Administration hoped work could begin this year or first thing next Spring. VOTE ON MAIN MOTION AS AMENDED: YEA: Molloy, Pettey, Winger, Knackstedt, Gabriel, Askin, Glendening Page 42 City of Kenai Council Meeting Page 4 of 9 October 6, 2021 NAY: MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2021-59 - Declaring the Vacation of Portions of Utility Easements Associated with Tract B, Block 5, Townsite of Kenai 2021 Kenaitze Replat (Plat KN 2021- 18) and Lots 4 & 5 Block 5, Original Townsite of Kenai (Plat KN 2970), and as Set Forth on the Attached Exhibit "A" are Not Needed for a Public Purpose and Consenting to Vacation. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2021-59 and Council Member Pettey 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. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 4. Resolution No. 2021-60 - Awarding an Agreement for the Purchase of Network Equipment. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2021-60 and Council Member Glendening 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 this was replacement of existing equipment, and the money would be coming from the equipment replacement fund as well as some smaller amounts coming from several other funds which would require some budget revisions. Clarification was further provided that the replacements would be city-wide for equipment that is at its end of life and out of warranty. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. E. MINUTES 1. *Regular Meeting of September 1, 2021. (City Clerk) Approved by the consent agenda. 2. *Work Session of September 1, 2021. (City Clerk) Approved by the consent agenda. Page 43 City of Kenai Council Meeting Page 5 of 9 October 6, 2021 3. *Regular Meeting of September 15, 2021. (City Clerk) Approved by the consent agenda. 4. *Special Meeting Minutes of September 20, 2021. (City Clerk) Approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval - Purchase Orders Over $15,000. (Administration) Approved by the consent agenda. 3. *Action/Approval - Non-Objection to the Renewal of Marijuana Licenses for Majestic Gardens, LLC. (City Clerk) Approved by the consent agenda. 4. *Ordinance No. 3248-2021 - Accepting and Appropriating a Collection Equity Award from the Network of the National Library of Medicine Region 5 for the Purchase of Health and Wellness Titles for the Kenai Community Library Collection. (Administration) Introduced by the consent agenda and Public Hearing set for October 20, 2021. 5. *Ordinance No. 3249-2021 - Accepting and Appropriating Funding from the American Library Association for the Kenai Community Library’s Participation in the NASA@ My Library Programming Initiative. (Administration) Introduced by the consent agenda and Public Hearing set for October 20, 2021. 6. *Ordinance No. 3250-2021 - Increasing Estimated Revenues and Appropriations in the Vintage Pointe Enterprise Fund and Awarding a Contract for a Resident Maintenance Manager for the Vintage Pointe, Congregate Housing Facility. (Administration) Introduced by the consent agenda and Public Hearing set for October 20, 2021. 7. Action/Approval - Reconsideration of Ordinance No. 3243-2021 - Amending Kenai Municipal Code 14.20.150-Conditional Use Permits, to Clarify Roles and Responsibilities of Applicants, the Planning Director, and the Planning Commission in the Conditional Use Process and Make Housekeeping Changes. (Council Member Glendening) Page 44 City of Kenai Council Meeting Page 6 of 9 October 6, 2021 [Clerk's Note: If a motion to reconsider passes, it places the question of enacting Ordinance No. 3243-2021 before the Council in the exact moment before it was voted on originally.] This item was removed from the agenda. 8. Action/Approval - Authorize Utility Easements within Lots 3A and 4, FBO Subdivision No. 11 to Support the Kenai Municipal Airport's Sand Storage Facility Project. (Administration) MOTION: Council Member Knackstedt MOVED to approve authorization of utility easements within Lots 3A and 4, FBO Subdivision No. 11 to support the Kenai Municipal Airport's sand storage facility project. Vice Mayor Molloy SECONDED the motion. Clarification was provided that the route was determined in coordination with the Public Works Director and Homer Electric Association. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging – No report. 2. Airport Commission – No report. Next regular meeting October 14, 2021. 3. Harbor Commission – No report. Next meeting November 8, 2021. 4. Parks and Recreation Commission – Council Member Winger reviewed the upcoming meeting agenda. Next meeting October 7, 2021. 5. Planning and Zoning Commission – No report. Next meeting October 13, 2021. 6. Beautification Committee – Council Member Askin reported on the meeting of September 14, 2021. Next meeting October 12, 2021. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Spun the wheel for the magic weight for the Silver Salmon Derby winners; • Attended luncheon at the Chamber of Commerce, and delivered a proclamation honoring James Varsos, also known as Hobo Jim; Page 45 City of Kenai Council Meeting Page 7 of 9 October 6, 2021 • Council Member Knackstedt and City Manager Ostrander met with Governor Dunleavey during his visit to Kenai, as the Mayor and Vice Mayor were out of town; • The City’s annual financial audit is currently underway; encouraged Council Members to visit with the auditors; • Introduced Aleea Faulkner, the City Council’s new student representative; • Thanked the candidates who ran for City Council; • Thanked Lena Wissmar and Karen Seitz for providing an update on the Kenai Dog Park. J. ADMINISTRATION REPORTS 1. City Manager – City Manager Ostrander reported on the following: • Noted the Kenai River Special Management Area report in the packet; • Bridge Access Bike Path project update: currently the State is waiting on the funding to be obligated, which they are expecting over the next several weeks; • Cemetery expansion update: there are now plots available in new cemetery, and fencing, pavement and other items will be completed next summer. It is currently still under a moratorium and plots are only sold for immediate need; • Had an excellent discussion with Governor Dunleavey during his visit to Kenai; • Met with UAA Chancellor Sean Parnell and discussed the importance of the Kenai Peninsula College to the community, and its partnership with the Kenai Fire Department, and additional training programs for the future; • There are several COVID-19 positive employees, numbers are high in the community and we hope to move past this and see numbers go down; • RFP proposals for waterfront revitalization project are due on October 8th, Administration will be reviewing them; • Positions currently being recruited for include Planning Assistant, Dispatch Supervisor, Parks and Recreation Director, Water & Sewer Foreman, and Building Official; • Dipnet report will be included in an upcoming Council meeting packet; • Administration met to discuss refining the building permit process in response to public feedback that this process is difficult to navigate; • The City is eligible to receive funding for the bluff project from a September 30th federal appropriation for disaster relief, and other possible sources of funding include the normal process that the Corps has annually and also the infrastructure bill that is still in Congress. 2. City Attorney – No Report. 3. City Clerk – City Clerk Heinz reported on the following: • The canvass board meets Tuesday, October 12th. There are 170 absentee, special needs and questioned ballots possible for review; • Election will be certified on October 20th, and the elected Council Members will take their seats on October 25th. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Page 46 City of Kenai Council Meeting Page 8 of 9 October 6, 2021 James Baisden thanked the Mayor and Council, and spoke about the importance of hiring a Building Official. Vice Mayor Molloy was thanked for his service to City, as well as Council Member Askin and the great candidates that ran this election. 2. Council Comments Council Member Knackstedt noted that he and City Manager Ostrander met with Governor Dunleavey, and discussed the waterfront revitalization and bluff erosion projects. Noted upcoming Land Management Plan joint work session, and congratulated apparent winners of the election. Vice Mayor Molloy thanked Council Member Knackstedt for attending the meeting with the Governor. He noted the upcoming Land Management Plan joint work session, and that he has enjoyed being the liaison for the Harbor Commission. Thanked the Mayor and Council Member Pettey for the proclamation honoring Hobo Jim, and shared how much he enjoyed his music. Thanked City Clerk and election workers for a well-run election, and welcomed Student Representative Aleea Faulkner. Expressed appreciation for the public comments regarding CUP Ordinance and the Kenai Dog Park, and thanked James Baisden for his comments on the need for a Building Official. Council Member Glendening echoed the comments of Vice Mayor Molloy, thanking the Dog Park representatives, and City Manager Ostrander for providing reports he had requested. Noted that we had five good candidates for City Council, and the City is well served by the public engagement of this campaign. Council Member Pettey welcomed Student Representative Aleea Faulkner, and thanked the public for their comments regarding the CUP ordinance and noted she appreciated the community involvement. Thanked the candidates for City Council, and noted she looks forward to working with the elected Council Members. Expressed grief for the loss of Hobo Jim, and noted her thoughts and prayers went out to his family. Council Member Winger shared her respect and condolences for Hobo Jim and family. Welcomed Student Representative Aleea Faulkner and expressed excitement for having her on Council. Congratulated all the candidates that ran during the election, including School Board candidate Matt Morse. Mentioned the Soldotna Chamber of Commerce’s pie auction. Noted that she had attended an event with Borough Mayor Charlie Pierce, Matt Morse, and House Representative Ron Gillham and discussed the community. Council Member Askin noted that she looked forward to the Fall Festival, welcomed Student Representative Aleea Faulkner, and thanked the Mayor and Council Member Pettey for the proclamation honoring Hobo Jim. She thanked the City Clerk for a well-run election, and congratulated the new Council Members, and noted she is grateful to live in a country where we can vote. Mayor Gabriel noted that raffle tickets funding the Kenai Dog Park would be available during the break before executive session, and requested that a discussion item for the Dog Park be added to the agenda for the next Council meeting. Page 47 City of Kenai Council Meeting Page 9 of 9 October 6, 2021 L. EXECUTIVE SESSION 1. Contract Discussion and Negotiation for a City Clerk. [AS 44.62.310(C)(1)(2) May be a Subject that Tends to Prejudice the Reputation and Character of the Applicant and is a Matter of which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City.] Vice Mayor Molloy MOVED to enter into executive session for contract discussion and negotiation for a City Clerk which, pursuant to AS 44.62.310(C)(1)(2) may be a subject that tends to prejudice the reputation and character of the City Clerk and is a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, requested the attendance of the City Attorney, the applicant, and the HR Director if needed. Council Member Knackstedt SECONDED the motion. VOTE: YEA: Pettey, Winger, Knackstedt, Gabriel, Askin, Glendening, Molloy NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in open session and it was noted for the record that Council met in executive session to discuss and negotiate the contract for the candidate for the City Clerk position, and came to an understanding that needs to be finalized. M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. Kenai Dog Park Letter There being no further business before the Council, the meeting was adjourned at 8:10 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of October 6, 2021. _____________________________ Jamie Heinz, MMC City Clerk Page 48 PAYMENTS OVER $151000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: OCTOBER 20, 2021 VENDOR DESCRIPTION PERS PERS REBORN AGAIN JANITORIAL SEPTEMBER SERVICES INVESTMENTS VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 90,412.35 AIRPORT REPAIR & MAINTENANCE 4,231.25 MATURITY DATE AMOUNT Effect. Int. Page 49 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3252-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUE AND APPROPRIATIONS IN THE WATER & SEWER FUND FOR OPERATIONAL COSTS IN EXCESS OF BUDGETED AMOUNTS AT THE WASTE WATER TREATMENT PLANT. WHEREAS, several events have transpired resulting in unanticipated expenditures for the Water, Sewer, Waste Water division of the Public Works Department; and, WHEREAS, this Ordinance is intended to restore the affected accounts to allow normal operations to continue through the fiscal year; and, WHEREAS, a fire that occurred at the Longview Westlake Chemical Company Plant located in Longview, Washington in June 2021 caused chemical shortages industry wide throughout the Pacific Northwest and Alaska; and, WHEREAS, as a result, Univar Solutions our vendor under current contract to supply chemicals informed the city that they may have a period of time where they will be unable to meet demands within the state; and, WHEREAS, in an effort to ensure continued operations Public Works staff sought out alternative sources of Sodium Hypochlorite, the chemical the City of Kenai uses to provide safe drinking water as well as disinfection of waste water leaving the waste water treatment plant; and, WHEREAS, Brenntag Pacific Inc., a known vendor to the City, was able to provide the Department with four totes, totaling 11,000lbs of chemicals, which provided a much needed three month buffer of chemicals on hand to allow the supply chain time to recover from the disruption; and, WHEREAS, appropriation of funds to cover Purchase Order 123045 in the amount of $9,892 to Brentagg Pacific Inc. is requested to restore the existing budget; and. WHEREAS, the 1981 GMC Dump Truck used by the Waste Water Plant to haul sludge to the landfill requires repairs beyond the useful value of the vehicle to the City; and, WHEREAS, staff issued a request for quotes for dumpster services and Alaska Waste was found to be the lowest responsive responsible bidder at a per haul cost of $247.50 for a 30CY roll off dumpster and $91.86/month for a 6CY dumpster for screenings; and, WHEREAS, an initial purchase order number 123019 was opened to Alaska Waste in the amount of $10,000 to meet the emergent need of hauling sludge; and, Page 50 Ordinance No. 3252-2021 Page 2 of 3 WHEREAS, this Ordinance authorizes an increase to that purchase order to a new total amount of $30,000 which will provide approximately $1,100 for the 6CY dumpster to be dumped once a week for the year and approximately 110 hauls of the 30CY roll off to the landfill plus fuel surcharge and regulatory fees; and, WHEREAS, appropriations from the Water and Sewer Special Revenue Fund are in the City’s best interest to cover these expenses. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the Administration is authorized to increase Purchase Order 123019 to Alaska Waste from $10,000 to $30,000 to provide waste hauling services for the Waste Water Treatment Plant. Section 2. That the estimated revenues and appropriations be increased as follows: Water and Sewer Special Revenue Fund: Increase Estimated Revenues – Appropriation of Fund Balance $39,892 Increase Appropriations – Waste Water Treatment Plant Operational Budget 010-467-2022 Operating, Repair & Maint. Supplies $9,892 010-467-4531 Professional Services $30,000 Total $39,892 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 upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of November, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Page 51 Ordinance No. 3252-2021 Page 3 of 3 Approved by Finance: _________________ Introduced: October 20, 2021 Enacted: November 3, 2021 Effective: November 3, 2021 Page 52 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Director of Public Works DATE: October 13, 2021 SUBJECT: Ordinance No. 3252-2021 The purpose of this memo is to request Council’s approval to appropriate additional funding from the Water and Sewer Special Revenue fund in support of operations to cover unanticipated expenses totaling $39,892. The public works department received word in July, shortly after a June 2021 fire (possible electrical failure, see link Longview chlorine plant downtime causes shortage of chemical used to treat water supplies across West Coast | The Spokesman-Review) that severely damaged a chemical manufacturing facility in Longview, Washington, that chemical shortages should be expected imminently. Our counterparts at DEC reached out and requested we do everything possible to remain within permitting requirements. Staff immediately began calling to source materials and were successful in securing a three month supply of Sodium Hypochlorite. The department generally maintains a month’s supply on hand. In the current environment we are targeting closer to three months now, to ensure the City’s ability to maintain our permitting requirements as well as our obligations to the community. This unanticipated emergent expense totaled $9,892 and we are requesting those funds are now added to our operational budget. Additionally, the forty year old dump truck the department has used for hauling sludge to the landfill finally reached the end of its useful life in mid-July. The Shop division has performed admirably to keep this vehicle in service for as long as it has, however due to the ongoing expense of maintenance including tires, brakes, general availability of parts, etc. it was time to move on. The Public Works department in coordination with the Finance Department, in an effort to maintain a reasonable fleet size, are not recommending replacement of this truck at this time. We have been researching the benefits of utilizing a dumpster service and will weigh out the benefits over the next 12-24 months. Immediate benefits include the roll off dumpster is larger than our truck bed, 30CY vs 10CY, and while we cannot fully fill a 30CY dumpster based on the weight, it does afford operations a longer runtime on the press between hauls. The dumpster is lower to the ground than the truck, making it easier for staff to see and level the load. The Page 53 Page 2 of 2 screenings have now been separated. Previously the screenings, which are very wet, were placed in the dump truck. The moisture added to the weight of the sludge, adding cost, and were disposed of at the higher landfill rate of $45/ton. Today they are placed in a separate smaller dumpster and disposed of as standard household trash. The net result is sludge sent to the landfill is dryer, which the landfill regulators prefer, and is costing us slightly less by volume. The potential liability of having staff travel icy roads with a loaded dump truck have been removed as well as the costs associated with the ownership of the truck including fuel, insurance, maintenance, etc. Staff are able to be more efficient as the time spent offsite traveling to the landfill can now be refocused on plant operations. We are asking at this time to approve a purchase order to Alaska Waste in the amount of $30,000 to cover these costs. Approximately 110 hauls to the landfill are anticipated with these funds, which equates to one trip every 3.3 calendar days year round. As this expense was not included in the original FY22 budget we are requesting approval of appropriation of funds to supplement the budget at this time to avoid budget shortfalls in the spring. Approval of this Ordinance is in the best interest of the City and will allow the department to continue operations in support of permitting requirements and community expectations. Council’s support is respectfully requested. https://www.spokesman.com/stories/2021/jun/18/longview-chlorine-plant-downtime-causes- shortage-o/ Page 54 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3253-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A DONATION FROM HILCORP ENERGY COMPANY TO ASSIST WITH THE ANNUAL AREAWIDE SENIOR THANKSGIVING DINNER. WHEREAS, annually the Kenai Senior Center hosts a Thanksgiving Dinner that is open to seniors from all over the Central Peninsula; and, WHEREAS, the City has received a donation from Hilcorp Energy Services in the amount of $2,500 for the purchase of food and supplies for the dinner; and, WHEREAS, it is in the best interest of the city of Kenai to accept and appropriate this donation for the purposes described above. 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 donation from Hilcorp Energy Company in the amount of $2,500 and to expend the donated funds to fulfill the purpose and intent of this ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: Senior Citizen Fund: Increase Estimated Revenues – Donations $2,500 Increase Appropriations – Congregate Meals – Operating Supplies $1,000 Home Meals – Operating Supplies 1,500 $2,500 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. Page 55 Ordinance No. 3253-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of November, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: October 20, 2021 Enacted: November 3, 2021 Effective: November 3, 2021 Page 56 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: October 11, 2021 SUBJECT: Ordinance No. 3253-2021 – Hilcorp Energy Services Donation Hilcorp Energy Services has again donated $2,500 for the annual Areawide Senior Thanksgiving Dinner which will be held on Tuesday, November 23, 2021. This is the eighth year Hilcorp has provided funding for this event. In agreement with Hilcorp, as a precaution with the current COVID numbers, we will only be serving pick up and home delivered meals for this event. The Areawide Senior Thanksgiving Dinner is a tradition which began in 1976. A Homemakers Club provided and served the first meal. From there it grew and has been passed on through Unocal, Agrium, Marathon Oil and since 2012, Hilcorp has continued the tradition by providing the funding and the volunteers. We are fortunate to live in a community which celebrates the elders who helped make Alaska what it is today. The donation will be used as follows: Congregate Meals – Operating Supplies $1,000 Home Meals – Operating Supplies 1,500 Total Donation $2,500 Thank you for your consideration. Page 57 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: October 6, 2021 SUBJECT: Reappointment to Council on Aging Due to turnover in the Administrative Assistant position at the Senior Center, Rachael Craig was hired to temporarily fill the position until the recruitment process was complete. Pursuant to Kenai Municipal Code (KMC) 1.90.030, the service of a Commission member terminates immediately if they are appointed as an employee of the City. As of October 8, 2021, Rachael’s temporary position with the City ended and she has applied to be reappointed to the Council on Aging. Pursuant to KMC 1.90.010 & 1.90.040, the Mayor has nominated Rachael Craig to be re- confirmed by City Council to continue her three-year term on the Council on Aging, ending December 31, 2023. KMC requires Council confirmation of nominations presented by the Mayor. Your consideration is appreciated. Page 58 City of Kenai Committee/Commission Application Revised 08/2020 X:\Forms\Clerk\Committee-Commission Application.doc COMMITTEE/COMMISSION APPLICATION City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: 283-8231 Fax: 283-5068 Email:cityclerk@kenai.city Personal Information Name: Date: Resident of the City of Kenai? Yes No How Long? Name of Spouse: Employer: Job Title: Contact Information Residence Address: Mailing Address: Email Address: Home Phone No.: Home Fax No.: Business Phone No.: Business Fax No.: May we include your contact information on our webpage? Yes No Yes, but not all Please specify what we can include on our webpage: Affiliations Current membership in organizations: Past organizational memberships: City committee or commission in which you are interested: Why do you want to be involved with this Committee or Commission? What background, experience, or credentials do you possess to bring to the commission or committee membership? FOR CITY USE ONLY ROUTING:  Clerk’s Office DISTRIBUTION:  City Council  File Rachael S. Craig 09/21/2021 n Walter A. Craig Retired from City Retired Director 48160 Snowflake Court, Soldotna, AK 99669 PO Box 1813, Kenai rachaelscraig@gmail.com 907-398-5076 Name and Address United Methodist Chruch of Kenai Frontier Community Services, Board Member, PEO Council on Aging Seniors are my passion. After being the Director, I continue to have senior friends that frequent the center. Now that I am of "senior age," I feel it is important to be apart of a senior community. Past Director, but have worked in various capacities, i.e. long-term-care, Adult Day Service, assisted living, and two senior centers. Page 59 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: October 11, 2021 SUBJECT: Action Approval- Special Use Permit to Alaska Geographic Alaska Geographic is requesting a Special Use Permit effective November 1, 2021 through June 30, 2022. The Permit is for a vending kiosk to sell interpretive and educational products related to the Kenai National Wildlife Refuge and the Alaska Maritime Wildlife Refuge. The Special Use Application has been received and the $100 application fee is paid. A vending kiosk promoting the natural attractions of the Kenai Peninsula will be a tremendous asset to the airport, and a great service to the thousands of guests transiting ENA annually in seeking the allure of Alaska. The intangible benefits to the airport and the community are sure to surpass the $28.67 in monthly revenue many times over. Administration respectfully requests Council to approve the following motion: I move to authorize the City Manager to issue a Special Use Permit to Alaskan Geographic effective November 1, 2021 through June 30, 2022. Page 60 SPECIAL USE PERMIT THE CITY OF KENAI (CITY) for the considerations and pursuant to the conditions and requirements set forth below, hereby grants ALASKA GEOGRAPHIC (PERMITTEE), whose address is 421 W . pt Ave, Suite 250 , Anchorage, AK 99501 , the non-exclusive right to use that area described below: A small area in the Kenai Airport Terminal approximately 3 .4 feet by 2.8 feet in size and located as further shown in Attachment A (the Premises). 1. TERM. This special use permit shall commence and be effective on the November 1, 2021, and shall extend through June 30, 2022. 2. PERMIT FEES. The monthly fee for this permit is $28.67 plus applicable sales tax. 3. USE. The use of the Premises by Permittee is for the purpose of placing a vending kiosk to sell interpretive products that entertain and educate visitors about Alaska's public lands. A portion of every purchase is donated to its host park, refuge or forest. The inventory will be monitored remotely and serviced by Kenai National Wildlife Refuge store manager in Soldotna. 4. LICENSES AND PERMITS; LAWS. Permittee shall adhere to all fed eral, state, and local laws , ordinances, and regulations while conducting its activities on the Premises. Permittee shall obtain and maintain all required federal , state, and local licenses, permits, certificates , and other documents required for Permittee 's operations under the Permit. Permittee shall provide proof of compliance to the City upon request by the City. 5. NO EXCLUSIVITY. This Permit is not intended to grant any exclusive use to the described Premises. 6. INSURANCE. Permittee shall provide proof of insurance coverage, including worker's compensation, if necessary, in an amount satisfactory to the City Manager, and listing the City as an additional insured. 7. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. Permittee agrees to indemnify, defend, and hold the City, its agents, and employees harmless from and against any and all liability, loss, suit, claim, judgment, fine, demand, damage, penalty, property damage, or personal injury of whatever kind, including sums paid in settlements of claims, attorney fees , consultant fees, expert fees, or costs incurred arising from or Special Use Permit-Alaska Geographic Page 1 of 4 Page 61 connected with the Permittee's use or occupation of the Premises. Permittee shall give the City of Kenai reasonable notice of any such claims or actions. However, Permittee shall not be responsible for any damage or claims from the sole negligence, activities, or omission of the City or its agents or employees . 8. PERSONALITY. Permittee is solely responsible for the maintenance of the kiosk. Permittee must keep the kiosk and all other materials on the Premises clean and in good condition. Permittee shall remove any and all personal property from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee at or from the Premises. 9. NO W AIYER . Failure to insist upon a strict compliance with the terms, conditions , and/or any requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such term s, conditions or requirements. 10. MUTUAL CANCELLATION. This Permit may be cancelled in whole or in part with one month written notice by Permittee or the City. 11. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race , color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 12. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its use of the Premises . 13. NO JOINT VENTURE. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises . 14. CONTACT INFORMATION. The contact information for Permittee, and the person in responsible charge for Permittee during the term of the Permit, for purposes of notice and all communications from City to Permittee is: Special Use Permit-Alaska Geographic Page 2of4 Page 62 Alaska Geographic Executive Director Andy Hall 421 W. pt Ave, Ste. 250 Anchorage, AK 99501 (907) 771-8400 The contact information for City for purposes of notice and all communications from Permittee to City is: Airport Administration 305 North Willow, Suite 200 Kenai, Alaska 99611 Telephone: (907) 283-8281 15. RIGHTS OR REMEDIES. No right or remedy herein conferred upon or reserved to each respective party is intended to be exclusive of any other right or remedy. Each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity. 16. GOVERNING LAW; VENUE. The laws of State of Alaska will determine the interpretation of this Agreement and the performance thereof. Any lawsuit brought thereon shall be filed in the Third Judicial District at Kenai, Alaska. 17. AUTHORITY. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terms and conditions herein and that the person signing this Permit is authorized to bind Permittee. CITY OF KENAI By: ________ _ City Manager Special Use Permit-Alaska Geographic Page 3 of 4 Page 63 Approved as to form : Scott Bloom City Attorney STATE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) By: ALASKA GEOGRAPHIC Andy Hall Executive Director THIS IS TO CERTIFY that on the __ day of , 2021, City Manager of the City of Kenai, an Alaska municipal corporation, 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 ANDY HALL, Executive Director of Alaska Geographic , an Alaska non-profit corporation, on behalf of the corporation. Special Use Permit-Alaska Geographic Notary Public for Alaska My Commission Expires: ---- Page 4of4 Page 64 V:\vick i\KENAI CERT MANU.AJ..\EXHIBITS A-B ECLUSlVE USES\2019 revision& exhibit a-b\re v exhibit ri·b t Kd us fv e tpace ,dwg b w ~ I m I >< c::::::J CJ ::r -· I ~ C"' :5 ,..... "' I l!J I )> ! "" .I -< (/) 0 I z -I I ?\ (i5 m 0 z ~ ~ ?\ $: m z c z ~ z (j) 0 )> =o (i5 s;: )> z (/) r 0 ~ )> -I ;:a -I -0 0 0 (/) ;:a 0 -I )> r m Page 65 x KI;NAI City of Kenai Special Use Permit Application 'Application Date : j 10/04/2021 Applicant Information Name of Applicant: Alaska Geographic Association Mailing Address: 421 W. 1st Ave. Suite 250 jcity: Anchorage !state: IAK jzip Code:j 99501 Phone Number(s): Home Phone: ( ) 907 27 4-8440 Worl<J Message Phone : ( ) 907 771 8400 E-mail: (Optional) Name to Appear on Permit: I Alaska Geographic Association Mailing Address: 421 W. 1st Ave. Suite 250 I city: Anchorage I state: I AK lzip Code:l 99501 Phone Number(s): Home Phone: ( ) 907 27 4-8440 Work/ Message Phone: ( ) 907 771 8400 E-mail : (Optional) Type of Applicant: D Individual (at least 18 years of age) D Partnership D Corporation O Government D Limited Liabili Com an LLC ty p y( ) D Other 501 C3 non-pro fit Property Information Legal or physical description of the property: Automated, self-serve sales kiosk, AKA a vending machine Description of the proposed business or activity intended: The Alaska Geographic sales kiosk w i ll sell interpretive and educational products related to the Kenai National Wildlife Refuge, the Alaska Maritime Wildlife Refuge Is the area to be used in front of or immediately adjacent to any established business offering the same or similar products or seNices upon a fixed location? DYES l!!iJ NO Would the use under this permit interfere with other businesses through excessive noise, odor, or other nuisances? DYES Iii NO If you answered yes to any of the above questions, please explain: What is the term requested (not to exceed one year)? One year Requested Starting Date:, November 15, 2021 Signature: l~<,J;Jiffj~ Date: Jtji-t/t_ \ Andy Hall I , -( I Executive Director Print Name: Title: For City Use Only: Date Application Fee Received : D General Fund D Airport Reserve Land City Council Action/Resolution : D Airport Fund D Outside Airport Reserve Account Number : Page 66 September 28, 2021 Erica Brincefield Assistant to th e Airpo rt Manager Kena i Municipal Airport 305 North Willow St reet, Suite 200 l<enai Alaska 99611 Dear Erica, I am follow ing up o n our discussion earlier this month rega r ding Alaska Geographic's inte r est in placin g a vending machine kiosk at the Kenai Airport. Alaska Geograph i c is t he non-profit cooperatine assoc iation partn er to the US Fish and Wildlife Service and specifically t he Kenai National Wildlife Refuge. Alaska Geo craphic is the officia l nonprofit partner of the Nationa l Park Service, the US Fi sh and Wildlife s .. rvice, the Bu reau of Land Management and t he USDA Forest Servic e i n Alaska. We work with Alaska's public la nds agencies to create opportunities for all peop le to ex perience, support, and protect Al aska's public lands , parks, fore~ts, and refuges. Ou r educational prog ram minp, a nrl interpretive product s he lp peopl e enjoy, un derstan d, appr eciate and protect t he wildlifo, geo lo p,y, and cu ltural his tory of Alaslrn 's public lands. Ou r retail d ep?.rtm c nt develops and st:lls in tt~rp re tive products th i'!t e ntertain and edu cate vis itors to Alaska Geo graphic st ores. A portion of every store purchase is donated to its host park, r efuge or forest. Through our membership program and thought ful cultivation and stewardship of people who love Alaska's pu bl ic lands, Alaska Geocraphic is build i ng a broad network of philanth ropic supporters. Alaska Gc ocrn phic's missio n of en g ageme nt and support through retail collaboratio n, education and targeted philan thropy will ensure Alaska's public lands re ma i n heal t hy, accessib l e and valued for ge nerations to come. The vending machine that Alaska Geog raphi c is proposing m easu r es 68-72" H x 29-41" W x 30-3 4" D. The machine will carry educational and interp re tive p roducts re l ated to the Kenai Natio nal Wildlife Refuge. Examples of products sold at t he store can be found at this link: htt p.V:L'll.c!'i.!s a.: aeofil!.mh ic. m y big corn me rce .c o.mbhg p-by-locatio nLnQti o oa I-wild life,:r_ef ueQs /ke na i-na_tio na I-wild lif P - r e f ugcj The inventory will be monitored remotely and serviced by Kenai National Wildlife Refu ge store manager in Soldotna . We t hi nk this vending machine will provide un ique educational products that will enhance the visitor experience for those traveling to and from the Kenai Municipa l Airport and ed uc ate them on the var ied public lands Lh<it are part of the Kenai Peninsula. Tha nk you for considerin g this and I look fo r w ard to hearing from you. rkt~7M An dy Hall Executive Director 42 1 W. lstAve, Suite 7.5 0 Anc horage, AK 99501 Dire ct (907) 77 1-8400 Ce ll (907) 240 -11255 Page 67 Kenai Dog Park Kenai, Alaska 99611 September 26, 2021 Mayor Gabriel and Council, It has been a joy to get the Kenai Dog Park on a path of opening in the summer of 2022. Some of the challenges, associated with this type of project, have been interesting. We have achieved so much with a tremendous amount of community support. That support continues and will throughout the winter months. Your expectation of a community project being driven by the community, and funded by the community is unrealistic. This project was request by the citizens, submitted to council and approved. Council never mentioned they expected it to be 100% user funded. Other projects driven by user groups, the community, approved by council and financially financed through the budget have been: Soccer Fields, Baseball Fields, Children Playgrounds, Picnic Areas, Hockey Rinks, Neighborhood Parks, Daubenspeck Park, Trails, Bike Trails, etc. None of above, were ever required to provide the funding to achieve their goal. There might be two exceptions to that statement: 1. Very early, in the development of the city, the baseball fields may have had some community fund raisers with lots of city financially assistance. 2, Municipal Park Playground Upgrades were provided by the city and a fundraiser, chaired by the Mayor, to help make it an Enchanted Forest. The general thought is, the Soldotna Dog Park Committee raised all the funds for their park. This is not a true statement. I contact Andrew Carmichael, parks director, regarding any city funding. I was quite surprised to learn how much the city was involved both in services as well as financially. We have included a copy of two pieces of information for your review. You will see that: 1. Three Friends banqueted to the city $55,000 to help build the park 2. The city added/or transferred funding coming from two sources A. 50/50 grant received from cities insurance carrier for a parks project. Funds were transferred to the dog park project in the amount of $10,000. B. Transferred funds from Parker Park Gazebo to dog park approximately $30,000 Page 68 It appears they also provided funding for lights, security and a water fountain. As you can see, City of Soldotna, is very much a financial partner in their project. They do have a community volunteer, Connie Hocker, who was and still is very much involved. Andrew told me it is the 2nd most used park in the city! As our park moves forward, we would like to request the Daubenspeck funds no long come with the expectation of them being reimbursed. We expected Home Depot to follow through on their fencing proposal and only requested Daubenspeck funds to provide for the fencing until that happened. We greatly appreciated the cities effort to help with this problem. Home Depot has dropped the ball on our request. As of this date, we have not received answers to two questions, nor have they returned the phone call they scheduled. We needed to use $22,000 from Daubenspeck to have the fence installed by the end of this month. The pressure to refund this amount very much on our minds. We have generated tremendous community involvement. We have attached to our letter, a copy of the in-kind contributions we have received, and it changes oflen. Recently, receiving notification from the Kenai Lions Club their commitment to donate a small pavilion for the park. They will do this to honor one of the members and former Mayor Ron Malston. We are requesting the council take action in three areas. 1. Appropriate the Daubenspeck Funding as a grant, removing the expectation of these funds being reimbursed. 2. Consider appropriating addition funding from the Daubenspeck Funds toward finishing this park in the way it should be for its citizens. 3. Consider writing a Tier I grant to the Rasmuson Foundation. Please remember, no other parks project has ever been asked to raise the funding needed to achieve their goals. Why the dog park? Kenai Dog Park is very much needed. The community needs to know their city is treating this park like all the others. We have had great support administratively, but not financially. As a council, I hope you consider the financial side of the long term goal and help make it happen. I appreciate the tremendous effort already given by this community and ask you to reconsider your goal of 100% user funded. I suggest you look at some of the facilities on line and see how beautiful and inviting they are. We are extremely proud that our community has already donated over $60,000 in in -kind service. We expect more to come. It takes commitment from everyone. Thank you for consideration of our requests and remember to buy your raftfe tickets, Pat Porter, Retired Kenai Mayor Kenai Dog Park Friends, Chairperson Page 69 Income and Expenditures To Date Mike Navarre $ 100 Eagles 1,000 Elks 250 Jim Glendening 1,000 Dave Schilling 1,000 Scott Gomez 5,000 Twin Cities Vet. 500 M &J Plumbing 800 James and Rhonda Baisden 1,000 Kenai Rotary 3,000 Kenai Community Found. 10,000 Daubenspeck Funds 25,000 Go Fund Me 320 TOTAL INCOME $48,970 Moore Landscaping 2,000 Fireweed Fence 22,000 TOTAL EXPENCES 24,000 CASH ON HAND $24,970 Kenai Dog Park Proposed Budget Income and Expenditures September 28, 2021 Estimated Total Budget $56,800 Current Income 43,970 Current Expenses 24,000 Current Cash on Hand 24,970 Added Reimbursement to Daubenspeck Funds $25,000 NEED TO RAISE $32,830 Funding in Question Daubenspeck Funds: Council provided funds from this account to move forward with the fencing. However, they are expecting these funds to be reimbursed. Kenai Community Foundation: Awarded $10,000 towards the park. They need to approve what the funds with be designated towards, before granting. Page 70 Kenai Dog Park In-Kind Contributions September 28, 2021 Volunteers Cleaning of Land $15,000 Salmantof Native Assoc. Leveling/Clearing of Debri 30,000 Volunteers Removal of Stumps 5,000 Senior Center Quilt Construction 500 Senior Center Brochure Folding 100 Tim Navarre Printing of Brochures 300 Moore Landscaping Reduced Price for Seeding 1,000 Volunteers 4th of July Parade 300 Pat Porter Misc. Supplies 2,490 Lions Club Small Pavilion 5,000 IN-KIND TO DATE …………$59,670 Page 71 PHASE I PHASE II PHASE III Ground Work Volunteer Labor In-Kind Services Seeding Cash…………………………$2,000 Fencing Cash………………………. $22,000 Signage 7 Rules/ Direction Signs Bulletin Board 1 Park Name 1 Paw Tree 1 Cost……………………………$5,000 Benches 8 Cost……………………………$4,000 Picnic Table 4 Cost…………………………$2,000 Covered Areas 2 Cost……………………………..$18,000 Agility Equipment Volunteer Labor Supplies Cash………………..$3,000 Trees/Boulders In-Kind Services Trash Receptacles In-Kind Donations Pooper Scoopers 4 Cost………………………………….$800 Estimated Cash Funds Needed $56,800 Note: The more we are able to secure in-kind or donations the less the needed cash funding becomes. Page 72 0 L D 0 T /,rw. / Andrew Carmichael Parks and Recreation Director City of Soldotna, Alaska MEMORANDUM TO: Soldotna Parks and Recreation Advisory Board DATE: July 27,2016,2016 SUBJECT: Aspen Park/Dog Park In prior meetings,the advisory board approved and ultimately the Council endorsed converting approximately half of Aspen park to an off leash dog park. The City is in the process of having bequeathed to it approximately$55,000.00 for development of a dog park at Aspen. While,this amount is skinny in terms of full dog park development the administration is proposing to augment the available funding to include upgrade of the overall park to include, dog park,thinning of trees to make the park more welcoming,replacement of the playground equipment as well as upgrading the fall protection to rubber mulch. Funding from the City will come from two sources. This past June the City embarked into a multi-year project to replace existing playground fall protection material with rubber mulch that lasts in perpetuity almost. This was made possible by a 50/50 grant match from the City's insurance carrier Alaska Public Entity Insurance group.The material was swapped out at Riverview last June and Aspen is slated for this fall/next spring. Essentially this allows us to purchase up to$20,000 of fall protection material and be reimbursed for$10,000.00. Because fall protection is usually up to or exceeding 30%of a playground equipment project this is an awesome project to leverage improvement dollars. In addition to this$20,000 for fall protection then,the administration is proposing to shift the monies that had been appropriated for a gazebo at Parker Park but never was completed to upgrade Aspen Park.There is presently$39,700 available if transferred. Connie Hocker will be presenting the conceptual design for the dog park The proposal then is: Accept the$55,000 for development of the "Three Friends Dog Park" space at Aspen Park,re- appropriate$39,700 originally budgeted for Parker Park Gazebo to the Aspen Park Re-development project and continue with the APEI Grant program to replace fall protection in Aspen Park. DRAFT BUDGET:Funding,Of the total of$114,700 proposed the funding sources broken down are: 55,000 bequeathed,$49,000 Gazebo/APEI Match,$10,000 APEI.City Funds$49,000 Non City Fund 65,000. Paved Parking 35,000 Fencing 22,000 Water feature/dog water fountain 8,500 Lighting 10,000 Playground Replacement 30,000 Fall Protection 20,000 Total: 100,500 Page 4 of 8 Page 73 From:Pat To:Jamie Heinz Subject:Fwd: Kenai Dog Park Date:Thursday, September 30, 2021 1:50:20 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Please place this information in Council Packets. Thanks Pat Sent from my iPad Begin forwarded message: From: Stephanie Queen <squeen@soldotna.org> Date: September 30, 2021 at 1:28:50 PM CDT To: justpat44@hotmail.com Cc: "Paul Ostrander (postrander@kenai.city)" <postrander@kenai.city> Subject: Kenai Dog Park  Hi Pat, It was nice speaking to you yesterday. Andrew's memo to the Parks Board in 2016 proposed improvements at both the dog park and the adjacent Aspen playground. It doesn't reflect actual expenditures or appropriations, so please refer to the information below instead. Our Finance Director confirmed that the City appropriated a total of $99,896.27 for the 3 Friends Dog Park. Of this, $55,320.87 was bequeathed from the Martha Brewer Estate; $7,500 was from various other small donations; and $37,075.40 was from the City's General Fund. More info about each, below. Martha Brewer left 10% of her estate ($55,320.87) to the Soldotna Animal Shelter in her will. When she passed, the Mayor and City Manager met with the executor and attorney for Ms. Brewer's estate, and agreed that helping fund the new dog park would meet her intended purpose of helping dogs in the community. Other Donations to the City included $2,500 from Rotary Club of Soldotna, $2,500 from Kenai Peninsula Association of Realtors, $1,000 from the Friends of the Aspen Dog Park. Soon after, an additional $1,500 was donated ($750 each from the Friends, Kelly Griebel, and Alaska 1st Real Estate). The $37,075.40 from the City's General Fund was originally appropriated in 2011 for a downtown beautification project at the Y. In 2013, the funds were reassigned to the Parker Park Gazebo project after determining that the original project was not feasible. And in 2016, the Administration again asked the Page 74 Council to reassign the funds - this time to the Dog Park project where they were eventually used. Not captured above is any of the in-kind labor - which was fairly substantial (both from Parks and Rec staff, community volunteers, and other organizations). I hope this information is helpful, and please let me know if we can assist in any other way. Kind regards, Stephanie -----Original Message----- From: justpat44@hotmail.com <justpat44@hotmail.com> Sent: Wednesday, September 29, 2021 3:09 PM To: Stephanie Queen <squeen@soldotna.org> Subject: Kenai Dog Park Hello Stephanie, I really appreciate you trying to help us clarify the funding that Soldotna provided for that dog park. For some reason, the city was under the impression that the citizens or user group of Soldotna actually funded it at 100%. There was a time, when industry was very active that might have been possible, we are finding that is extremely difficult to do now! I look forward to hearing from you. Your information hopefully will change the direction the council snd administration has adopted. Stay warm, Pat Porter 907-252-5992 Sent from my iPhone Page 75 KENAI COUNCIL ON AGING REGULAR MEETING AUGUST 12, 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 4:35 p.m. a. Pledge of Allegiance Chair Erwin led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Members Present: Erwin, Craig, Geller, Modigh, Thornton, Milewski Members Absent: Nelson, Williams, A quorum was present. Staff/Council Liaison Present: Senior Center Director K. Romain, Volunteer Coordinator K. Feltman, and Council Liaison Pettey c. Agenda Approval MOTION: Member Thornton MOVED for approval of the agenda as presented and Member Milewski SECONDED the motion. VOTE: There were no objections. SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT -- None. 4. APPROVAL OF MEETING SUMMARY MOTION: Member Thornton MOVED to approve the July 8, 2021 Meeting Summary as written and Member Craig SECONDED the motion. VOTE: There were no objections. SO ORDERED. 5. UNFINISHED BUSINESS -- None. 6. NEW BUSINESS – a. Discussion – Change of Meeting Time Page 76 Council on Aging Meeting Page 2 of 3 August 12, 2021 Craig suggested changing the regular meeting time to start at 3:00pm. The meeting time now starts at 4:30pm and usually ends around 6:00pm. It was noted that with winter starting, it will be getting dark outside earlier. MOTION: Member Geller MOVED to change the meeting to 3:30pm and Member Milewski SECONDED the motion. MOTION TO AMEND: Member Thornton MOVED to amend the time to 3:00pm and Member Modigh SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON MAIN MOTION: There were no objections. SO ORDERED. 7. REPORTS a. Senior Center Director – Senior Center Director Romain reported: • Update on the Greenhouse building: the contract was signed with the builder. The pad will be ready in the middle of this month, and is about 20 X 20 feet. Greenhouse will be built onsite; • The Senior Center is currently short staffed, and is recruiting for a Senior Center Administrative Assistant, a Meals Driver, and a Janitor; • There will be a greeter for visiting Seniors in the entryway of Kenai Senior Center. b. Council on Aging Chair – Chair Erwin said the greenhouse will be a nice addition to the Senior Center. c. City Council Liaison – Council Member Pettey reported on the actions of the August 4, 2021 City Council meeting. 8. NEXT MEETING ATTENDANCE NOTIFICATION – September 9, 2021 9. COUNCIL MEMBERS COMMENTS AND QUESTIONS Member Williams mentioned he didn’t want to change the name of the Council on Aging, and if the City Council decides to change the name it would be up to Council on Aging to recommend a new name. He noted that he was thankful that the group could still meet in person. Member Craig said that there are more COVID-19 grants. Member Geller thanked the Senior Center staff, including Kathy, Missy and Ethan during the COVID-19 pandemic. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS – None. Page 77 Council on Aging Meeting Page 3 of 3 August 12, 2021 12. ADJOURNMENT MOTION: Member Milewski MOVED for adjournment and Member Geller SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business, the Council on Aging meeting adjourned at 5:20pm. Meeting summary prepared and submitted by: _____________________________________ Meghan Thibodeau Deputy City Clerk Page 78 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING OCTOBER 13, 2021 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: J. Twait, D. Fikes, A. Douthit, G. Woodard, G. Greenberg, A. Douthit Commissioners absent: J. Halstead, R. Springer Staff/Council Liaison present: Planning Director R. Foster, Deputy City Clerk M. Thibodeau, Council Liaison J. Glendening A quorum was present. 3. Agenda Approval MOTION: Commissioner Greenberg MOVED to approve the agenda as written and Commissioner Woodard SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Greenberg MOVED to approve the consent agenda and Commissioner Woodard 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 79 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 4 October 13, 2021 B. APPROVAL OF MINUTES 1. *Regular Meeting of September 8, 2021 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Action/Approval - Approving the Execution of a Lease to Schilling Rentals for General Aviation Apron Sub No. 1 Amended Lot 2, Block 3. MOTION: Commissioner Douthit MOVED to recommend approval of the execution of a lease to Schilling Rentals, LLC for General Aviation Apron Sub No. 1 Amended Lot 2, Block 3. Commissioner Greenberg SECONDED the motion. Planning Director Foster noted the draft Council resolution in the packet for a 45-year lease to Schilling Rentals, LLC terminating on June 30, 2022. Their application proposes to remodel and expand existing hangars, and includes upgrading the parking apron and pad. The value of the upgrades is estimated at $1.5 million, and the activities noted is a medivac service location. He noted that the 30-day advertising period for competing leases required by KMC 21.10.60 closes on October 16th, and to date there has been no other applications received. He stated that per the Airport Land Use Plan, this use is well-suited for airport light industrial zoning and would be a great fit for the Airport Reserve. Chair Twait passed the gavel to Vice Chair Fikes, and disclosed that he is a contractor working at this site but his work is not affected by this lease, and he has no financial gain or personal interest in this or anything else pertaining to this. Vice Chair Fikes noted that she does not see a conflict of interest and returned the gavel to Chair Twait. Clarification was provided that if there are no completing lease applications by the October 16th closing date, then this application will move forward. VOTE: YEA: Woodard, Greenberg, Douthit, Fikes, Twait NAY: Page 80 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 4 October 13, 2021 MOTION PASSED UNANIMOUSLY. 2. Action/Approval - Approving Amendment to Kenai Municipal Code Section 14.05.025 to Provide for Remote Electronic Participation. MOTION: Commissioner Douthit MOVED to recommend approval of an amendment to Kenai Municipal Code Section 14.05.025 to provide for remote electronic participation. Commissioner Woodard SECONDED the motion. Planning Director Foster noted the draft Council ordinance in the packet to amend the Planning and Zoning Commission code by changing remote participation from telephonic to electronic. During the COVID-19 emergency declaration, videoconferencing technology was utilized by the commission and provided a better remote participation experience for both the public and commissioners, and this amendment will allow videoconferencing by commissioners to continue. VOTE: YEA: Greenberg, Douthit, Fikes, Twait, Woodard NAY: MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Glendening discussed the Land Management Plan joint work session from October 11, 2021, thanked Commissioner Greenberg for his help developing graphics, and noted that we need to look at how it fits within the Comprehensive Plan. He also reported on the actions from the September 15 and October 6, 2021 City Council meetings. 2. Borough Planning – Vice Chair Fikes reported on the actions from the October 11th, 2021 Borough Planning meeting. 3. City Administration – Planning Director Foster reported on the following: • The next Planning & Zoning Commission meeting will include an application for lease renewal, a plat, and the draft Land Management Plan discussion; • The November 10, 2021 meeting will include applications for two CUPs, and noted that the CUP code amendment passed by Ordinance No. 3243-2021 will be in effect at that time; • The second meeting in November is traditionally cancelled due to proximity to the Thanksgiving holiday, and asked the Commission to consider that this year. K. ADDITIONAL PUBLIC COMMENT Page 81 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 4 October 13, 2021 Council Member Glendening noted that he sees an opportunity for training, including how to use the interactive map developed by Commissioner Greenberg. He encouraged the Commission to consider the Land Management plan from the perspective of Planning & Zoning and land use. He also noted that he would like to see additional commissioner trainings on developing findings as well as possible future amendments to the CUP process in order to avoid future Board of Adjustment meetings. L. INFORMATIONAL ITEMS 1. CUP Code Violation Letter - 1005 Angler Dr. 2. CUP Code Violation Letter - 1025 Angler Dr. 3. CUP Code Violation Letter - 701 N. Forest Dr. Director Foster noted that intent of these letters is to provide the CUP holder the opportunity to rectify the violation, and the Planning Department is continuing to work with each of these property owners on the violations. M. NEXT MEETING ATTENDANCE NOTIFICATION 1. October 27, 2021 N. COMMISSION COMMENTS & QUESTIONS Commissioner Woodard commended Commissioner Douthit on his election run, and thanked Commissioner Greenberg for his impressive mapping program. Commissioner Douthit noted that he is glad to see the CUP process moving forward, and there is opportunity to make changes in the future. Commissioner Greenberg recognized the work of City staff on the interactive mapping program. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:53 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 82 KENAI BEAUTIFICATION COMMITTEE REGULAR MEETING SEPTEMBER 14, 2021 – 6:00 P.M. KENAI CITY HALL CHAIR LISA GABRIEL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Gabriel called the meeting to order at 6:05 p.m. a. Pledge of Allegiance Chair Gabriel led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Committee Members present: Chair L. Gabriel, T. Wilson, J. Phillips, E. Heale, S. Douthit, Committee Members absent: L. Craycraft, B. Roland Staff/Council Liaison present: Parks and Recreation Director B. Frates, Council Liaison V. Askin A quorum was present. c. Agenda Approval MOTION: Committee Member Douthit MOVED to approve the agenda and Committee Member Heale SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. May 11, 2021 MOTION: Committee Member Douthit MOVED to approve the May 11, 2021 minutes, noting that Committee Member Heale attended the meeting but arrived late. Vice Chair Wilson SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS Page 83 __________________________________________________________________________________ Beautification Committee Meeting Page 2 of 2 September 14, 2021 a. Discussion/Recommendation – Fall Festival Director Frates gave a brief update on the upcoming Fall Pumpkin Festival including activity ideas, vendors and possible layout. Frates noted there were a couple possible dates to consider including October 9th and October 16th. Some discussion centered around the two possible dates with Saturday, October 16th being the preferred date since it was closer to Halloween. Chair Gabriel recommended contacting the Kenai Economic Development District for possible leads on sponsors, other ideas included contacting Brown Bears Hockey Organization for volunteer assistance, warming fire, square dancing, cake walk, and sack races. Layout of vendor trucks were briefly discussed and Frates reported he’d discuss internally and see if there’s a better location or not, possibly at the south end. 7. REPORTS a. Parks & Recreation Director – Parks and Recreation Director B. Frates reported that Tyler Best was hired as the department’s administrative assistant and that the sidewalks at Leif Hansen Park are being edged with assistance coming from Wildwood Correctional Facility. b. Committee Chair - Chair Gabriel noted that the committee may want to meet in November to review the Fall Pumpkin Festival. c. City Council Liaison – Council Member Askin reported on the actions of the July 7th, August 4th, and August 18th Council meetings. 8. NEXT MEETING ATTENDANCE NOTIFICATION – October 12, 2021 9. COMMITTEE MEMBER QUESTIONS AND COMMENTS – None. 10. ADDITIONAL PUBLIC COMMENT 11. INFORMATION – None. 12. ADJOURNMENT There being no further business before the Committee, the meeting was adjourned at 6:45 p.m. Meeting summary prepared and submitted by: ___________________________________ Meghan Thibodeau Deputy City Clerk Page 84 City of Kenai I 210 l=idalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.kenai.cily October 11, 2021 Alaska Fish and Wildlife Fund Re: Grant application -Fish passage project on Processor Creek Dear Member of the Review Panel, I am writing to provide support for the Kenai Watershed Forum in their efforts to replace the fish passage barrier on Processor Creek, Alaska Department of Fish and Game (ADFG) Anadromous Waters Catalog Stream 244-30-10010-2003 (N 60.55136, W -151.22927). The current fish passage barrier prevents access to valuable rearing habitat for juvenile Coho and Sockeye salmon, an important resource to the Kenai community. The Kenai River fishery supports a diverse group of stakeholders, ranging from commercial fishermen, to fishing guides, to lodges and hospitality upriver of the mouth who benefit from the influx of people arriving for sportfishing purposes every year. This project aims to open up important stream and wetland habitat for these species. Its completion will increase the. amount of available habitat by replacing the barrier with a bridge that provides access at all tidal stages. In addition, the failure of the culvert in question in 2020 disrupted the work of a large employer, Pacific Star Seafoods, and poses a threat to do so again if not repaired properly. The partnership between the Kenai Watershed Forum and Pacific Star Seafoods highlights the uniting force that this resource has and its importance to the local area. The Kenai Watershed Forum has a proven track record of culvert replacement and fish passage barrier projects around the City of Kenai, as well as the entire Kenai Peninsula. They have managed multi-million-dollar infrastructure projects that have been beneficial both economically and ecologically to the community. The City of Kenai is also willing to consider providing in-kind support in the form of gravel or material hauling if resources permit. We appreciate and support the Kenai Watershed Forum's leadership in the push to conserve such a valuable resource. We look forward to collaborative efforts with them and seeing the fruits of their labor for the City of Kenai. If you have any questions please contact me at 907- 283-8222. Sincerely, Pau l Ostrander City Manager Page 85 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: October 12, 2021 SUBJECT: Kenai Municipal Airport (ENA) Mid-Month Report Temporary Hires Interviews for temporary hires that bolster the ENA snow-ops team were conducted the week of October 11. Fifteen applicants were interviewed. Offers will be made to ten applicants the week of October 18. Training October 14: FAA required tabletop training exercise. The tabletop exercise is a higher-level test designed to provide training and evaluate plans and procedures and to resolve questions of coordination and assignment of responsibilities in an informal, non-threatening format without concern for time constraints, stress levels, or actual simulations. October 28: FAA required pre-season Snow and Ice Control Committee Meeting. These meetings focus on: 1. Pre-season planning; 2. Operational plan to improve RWY safety and communications between various stakeholders; 3. The needs of airport users; 4. Critiquing clearing activities of the airfield and apron areas after the winter season and after each snow storm event. Runway Closure - CXLD The RWY closure for airfield drainage improvements has been postponed until the spring of 2021. Runway Sand Triangle Recycling was awarded the contract to make 6k yards of runway sand. The contractor began making sand in late September. The contractor has not met specs yet, and is expected to Page 86 Page 2 of 3 Airport Mid-Month Report Page 2 of 3 begin sand washing operations in the second week of October. It is anticipated that the sand will meet specs following the washing operations and ENA will have enough sand on hand to meet the winter needs. Terminal Fortification In preparation for winter operations, ENA Ops has placed temporary barricades around the terminal. Federal Mask Mandate TSA has extended the mask mandate for persons in airports, on airplanes and on public transit through Jan. 18, 2022. Although the mandate was set to expire Sept. 13, the agency noted that the surge in coronavirus cases, due to the highly transmissible delta variant, required the mask mandate to be extended. Enplanements August enplanements were down 22% compared to August of 2019. YTD enplanements are down 34% compared to 2019. Enplanements 2019 2021 Jan 6785 3389 Feb 5957 3112 Mar 6808 4127 Apr 6441 4035 May 7198 4464 Jun 7656 5953 Jul 10658 9259 Aug 12925 10035 Grand Total 64428 44374 Page 87 Page 3 of 3 Airport Mid-Month Report Page 3 of 3 Parking Revenue Parking revenue for August was down 36% compared to August of 2019. YTD parking revenue is down 35% compared to 2019. Parking Revenue 2019 2021 Jan 17143 6626 Feb 18660 8373 Mar 19540 11315 Apr 19444 11757 May 18460 15309 Jun 18112 14236 Jul 16993 16295 Aug 23265 14924 Grand Total 151,617 98,834 Page 88 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: October 14, 2021 SUBJECT: Finance Department, October 2021 Mid-Month Report Auditors completed their fieldwork on October 7th and a draft of the FY2021 Annual Comprehensive Financial Report is near completion for their review. Presentation to the Council should be at the December 1st Council meeting. The department is working on completion of its section of the City’s Dip Net report. The report is a summation of information from various departments and includes a detailed analysis of the revenues from and cost to operate the event. With the assistance of a consultant, the department is working on implementation of Governmental Accounting Standards Board (GASB) Pronouncement 87 dealing with the accounting for leases. This new pronouncement requires all leases to be valued and presented on the City’s financial statements at their present value. Implementation will be completed for the City’s FY2022 Annual Comprehensive Financial Report. Preparation will soon begin for the FY21 annual budget. Historical and future projections are typically provided to departments in December of each year to assist in their budget preparation and much work takes place in putting this information together. In preparation for the budget process the department is seeking comments or requests from Council members on specific improvements they would like to see or information they would like included in the FY2023 budget process. Page 89 MEMORANDUM TO: Mayor Brian Gabriel and City Council THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: October 8, 2021 SUBJECT: Fire Department Mid-Month Report – September Calls for service in September were up slightly from last year. Here is the breakdown for calls for service. Training: Cory Lehl and Mitch Miller complete check off’s on Engine’s 2 and 3 as they move closer to completing all engines and becoming Driver Operators. Mac Lee completed his check off at Station 2 and is now able to work at the Airport Fire Station. We conducted our quarterly run reviews with Doctor Warix as this will be his last quarterly run review before he moves out of state to begin his Fellowship Program in Palliative Care. Projects/Grants: • We are almost complete with the initial draft changes to the Emergency Operations Plan. • Portable radios have been programmed and are being shipped to us now. • We’ve seen an increase in walk -in patients for vaccines and we are preparing for upcoming larger clinics as approval has been granted for boosters for certain age groups, immunocompromised, and high-risk occupational workers. • Working on a new contract for physician sponsor to replace Dr. Warix. Fire Prevention: We are excited as we roll into October which is Fire Prevention Month and we are happy to get back into the schools and have the chance to interact and teach students about Fire Safety. Page 90 MEMORANDUM TO: Mayor Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: October 11, 2021 SUBJECT: Library Mid-Month Report for September 2021 August 2021 at a Glance Items Borrowed Sep-20 Sep-21 2021 YTD Physical 5,606 5,766 47,776 Digital 1,473 1,549 14,672 Services New Memberships 48 49 337 Room Reservations n/a 90 386 Programs Number of Programs 18 16 155 People Reached (e.g., DIY Kits)n/a 76 1,484 People Reached Virtually n/a 496 6,739 Technology Sessions Computer sessions 434 424 3,020 WiFi Sessions 2,552 6,041 40,436 Early Literacy Station Sessions n/a 44 544 Page 91 Page 2 of 2 September 2021 programming highlights • 16programs o 13 virtual programs  Story times for ages 0-5 (56 total views within 7 days of program)  Let’s Draw (58 total views within 7 days of program)  Lego® Club (125 total views within 7 days of program)  Maker Monday (43 total views within 7 days of program)  DIY Salmon Dip (56 total views within 7 days of program)  DIY Tying a Moose Hair Fly (77 total views within 7 days of program)  Coffee Science (64 total views within 7 days of program)  Superhero Trivia (5 participants)  SMART – Science of Superheroes (12 participants) o 1 DIY kit  Batman Mystery Challenge (a total of 50 kits handed out) o 2 in-person programs  Outdoor Story Time (26 attendees) September 2021 library services highlights • We offered programs around Kenai Silver Salmon Derby o Favorite Fish contest o Lego® Club o DIY Salmon Dip o Fly Tying • Last month of the quarter is Reference Tally Month o We answered over 550 reference and technology questions in September • We resumed monthly STEAM Zoom sessions with local schools (i.e., Science + Math + Art = SMART) • Stay tuned for our Halloween shenanigans o Literary Haunted Hunt – October 25th – 29th o Pumpkin decorating contest (week of October 11) o Ghost hands, scary story contest, virtual cooking demonstrations, and more Page 92 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: October 12, 2021 SUBJECT: Mid-month Activity Report - September The end of September marked the 16th annual Kenai River Marathon. We were greeted with bright blue skies the day of the race and a total of 195 runners, including a pair of runners from Virginia. A pizza feed and race information were provided Saturday night along with a featured guest speaker. Professional runner Allie Ostrander was the guest speaker and was the highlight of the night who captivated runners with her motivational speech. A huge shout out to Allie, the Kenai Chamber of Commerce & Visitors Center, City departments and all the businesses, volunteers and runners that make this event happen. All sidewalks within the Leif Hansen Memorial Park were edged with the help from folks at the Wildwood Correctional Facility. Additionally, staff at the correctional facility were gracious enough to add the airport triangle to the list as well. Some of the early planning was initiated for the Fall Pumpkin Festival. Administrative Assistant, Tyler Best, has been instrumental and awesome to work with on this project. Thank you to the folks at the Kenai Library for your willingness to collaborate with us. Staff handled the removal of several beetle-kill trees in areas including the cemetery, LH Park, Daubenspeck Family Park and East End Park. All outside restrooms and systems were winterized and water turned off for the season. A big thank you goes to the Water & Sewer Department for assisting with this undertaking. A final mowing was completed, including City facilities, right-of-way areas and park locations. Operator Dodge was able to take advantage of some suitable fall weather and installed a few late arriving memorial plaques at LH Park. Participation at the recreation center has increased over the course of September. Staff is working with a couple pickleball players to establish court lines and build interest. Toddler Time and Homeschool Gym times were also established and added to the facility schedule. Page 93 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: October 12, 2021 SUBJECT: Planning and Zoning September 2021 Report Planning and Zoning Commission Agenda Items and Resolutions • On September 8, 2021 the Planning and Zoning Commission recommended approval of the following code amendment resolution: o Resolution No. PZ2021-34 – Recommending the Kenai City Council Amend Kenai Municipal Code 14.20.150-Conditional Use Permits, to Clarify Roles and Responsibilities of Applicants, the Planning Director, and the Planning Commission in the Conditional Use Process and Make Housekeeping Changes. Building Permit and Site Plan Reviews Planning and Zoning staff reviews all Building Permits for compliance with the zoning code. The Department conducted nine Building Permit reviews in September, 2021. Code Enforcement There were two new code enforcement cases opened in September, 2021. City Council Agenda Items • On September 1, 2021, Kenai City Council approved the following rezoning and utility easement vacation: o Ordinance No. 3236-2021 - Amending the Official Zoning Map by Rezoning T 5N R 11W Sec 6 Seward Meridian KN North 150 Ft of Govt Lot 34 from Suburban Residential to General Commercial. (Administration) o Resolution No. 2021-56 - Approving the Vacation of 10’ Utility Easements Along the Side Lot Lines of Lots, 19, 20, 21, Block 13, Carl F. Ahlstrom Subdivision (Plat Page 94 Page 2 of 2 KN-216) and Lot 22a, Block 13, Carl F. Ahlstrom Subdivision RPM's Replat (Plat KN-2017-66) Excluding the 15 Feet Adjoining Kenai Spur Highway and the 10 Feet Adjoining the Northeast Boundary, and as Set Forth on the Attached Exhibit "A" is Not Needed for a Public Purpose and Consenting to its Vacation. (Administration) • On September 15, 2021, Kenai City Council approved the following code amendment, ROW vacation, and declarations for retaining two foreclosed properties: o Ordinance No. 3241-2021 - Declaring that, T 5N R 11W Sec 6 Seward Meridian KN 0002970 Original Townsite of Kenai Lot 3 Blk 8, Also Known as 604 Inlet Street, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records was Peter F. Mysing, Whose Address is, PO Box 8134, Nikiski, Alaska, 99635- 8134 and Estate of Peter F. Mysing CO/ Dale Dolifka, PO Box 498, Soldotna, AK, 99669-0498, Shall be Retained by the City of Kenai for a Public Purpose. (Administration) o Ordinance No. 3242-2021 - Declaring that, T 5N R 11W Sec 5 Seward Meridian KN 0002970 Original Townsite of Kenai Lot 3 Blk 20, Also Known as 905 Mission Avenue, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records Was Keith K. Knight, General Delivery, Kenai, Alaska, Shall be Retained by the City of Kenai for a Public Purpose. (Administration) o Ordinance No. 3243-2021 - Amending Kenai Municipal Code 14.20.150- Conditional Use Permits, to Clarify Roles and Responsibilities of Applicants, the Planning Director, and the Planning Commission in the Conditional Use Process and Make Housekeeping Changes. (Vice Mayor Molloy) o Resolution No. 2021-57 - Declaring a Right-Of-Way for a 60’ by 254’ Portion of the Frontage Road Along Wildwood Drive as Dedicated on Lot 4-A, Block 8, Black Gold Estates Subdivision No. 2 (Plat KN 84-76), and as Set Forth on the Attached Exhibit "A" is Not Needed for a Public Purpose and Consenting to its Vacation. (Administration) The City did not receive an application for a new lease in September 2021. Page 95 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: October 8, 2021 SUBJECT: Police & Communications Department Activity – September 2021 Police handled 583 calls for service in September. The call volume continues to trend upwards from the low experienced in 2020. Dispatch is still working with the Borough to obtain monthly statitistics from the new 911 system for this report. Officers made 21 arrests. Traffic enforcement resulted in 154 traffic contacts and 30 traffic citations. There were 2 DUI arrests. Officers investigated 6 motor vehicle collisions in September, one of which was caused by an animal. There were no collisions involving drugs or alcohol. The department is still working to fill two officer vacancies. The Dispatch Supervisor position is anticipated to become vacant due to a resignation in October and a recruitment is underway to fill that position. A KPD officer attended a week long defensive tactics instructor training. A dispatcher attended a four day training conference for public safety communications professionals. The KPD officer that is in the Army National Guard spent almost three weeks deployed to Louisiana is support of hurricane recovery. The KPD School Resource Officer started teaching DARE to three fifth grade classes at Mountain View Elementary. 6502 4892 5521 0 2000 4000 6000 8000 Total Police Service Calls 2019(Jan 1 - Sep 30)2020(Jan 1 - Sep 30)2021(Jan 1 - Sep 30) Page 96 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: October 5, 2021 SUBJECT: September 2021 Monthly Report This month the Kenai Animal Shelter took in 38 animals. Animal intake and disposition: DOGS: INTAKE 20 DISPOSITION 12 Waiver 8 Adopted 7 Stray 8 Euthanized 0 Impound 0 Claimed 5 Protective Custody 1 Field Release 0 Quarantine 2 Transferred 0 Microchips 0 Other Dispositions 0 Other Intakes 1 CATS: INTAKE 18 DISPOSITION 18 Waiver 2 Adopted 10 Stray 10 Euthanized 0 Impound 6 Claimed 1 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 7 Page 97 Page 2 of 2 2 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 16 Animals are known borough animals 31 Animals are known City of Kenai 1 Animals are known City of Soldotna 1 Animals from unknown location 33 Field Investigations & patrols 4 Volunteer Hours Logged 1 Citations 1 Educational Outreach Statistical Data: 699 2019 YTD Intakes 539 2020 YTD Intakes 459 2021 YTD Intakes Microchips 0 Other Dispositions 0 Other Intakes 0 0 OTHER ANIMALS: INTAKE 0 DISPOSITION 0 Chicken 0 Chicken 0 Rabbit 0 Rabbit 0 Other 0 Guinea Pig 0 DOA: 14 OTHER STATISTICS: Dog 11 Licenses (City of Kenai Dog Licenses) 9 Cat 3 Page 98 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: October 13, 2021 SUBJECT: Mid-Month Report; Public Works / Capital Projects • Kenai Municipal Airport Sand Storage Facility – Orion Construction is currently under contract in the amount of $2,289,000. The project has experienced extreme supply chain issues and is anticipated now to be on hold until spring 2022. On October 12, 2021 preliminary shop drawings were received from an alternate pre-manufactured steel building supplier and the design team is reviewing the documents. An upcoming change order addressing a time extension and material cost impacts is anticipated. • Kenai Municipal Airport Airfield Drainage – Project consists of the replacement of approximately 500 lf of failing storm water pipelines located in the safety area off the northern end of the runway. Update: 10/13/21 Contract Documents were executed with BMGC LLC in the amount of $360,225. Airport staff has requested this project hold off until spring for operational concerns. Project will be completed prior to July 31st, 2022. • Kenai Municipal Airport (KMA) Tractor & Mower – The John Deere Tractor and Mower purchased from Craig Taylor Equipment in the amount of $151,736 was delivered to the City and placed into service on August 24, 2021. The 2004 New Holland tractor and mower it replaced was surplus auctioned for $36,090 on October 7, 2021. • Kenai Municipal Airport Snow Removal Equipment (SRE) – Update: This equipment is on order and dependent upon supply chain logistics will likely arrive in spring 2022. Page 99 Page 2 of 5 Public Works Mid-Month Report • Kenai Municipal Airport Runway Rehabilitation Project – This project known as Task 4 within HDL Engineering Consultants LLC term service agreement with the City shall provide an initial assessment of the current condition of the airport runway. This will include geotech work, coring numerous locations of the runway. This work will provide the necessary information to coordinate with the FAA to seek grant funding for an overall runway rehabilitation project which will ultimately include the runway, taxiways, drainage, lighting, markings, etc. Once the conditions report is received, which fiscal year the project will likely need to take place will be determinable. This initial assessment and corresponding design work to an anticipated 35% level of completion has been contracted at a total cost of $250,000 and is expected to be completed by the end of the calendar year. Update: On August 4th HDL Engineering and staff successully completed geotech borings of the runway after hours. Update: On October 13th HDL Engineering, City staff and the FAA discussed the findings of the geotech report, the project development continues to move forward. 35% Design Documents remain anticipated by end of calendar year. • Waste Water Treatment Plant Master Plan – Update: With the assessments now complete, HDL is gathering information in preparation of a Rate Study. • Water & Sewer Master Plan – Update: With the assessments now complete, HDL is gathering information in preparation of a Rate Study. • Waste Water Treatment Plant Replacement Sludge Press – Resolution 2020-95 approved at the December 16, 2020 Council meeting authorized HDL Engineering to begin the Design Phase of the WWTP Replacement Sludge Press. Contract Documents were executed on January 6, 2021 with a Notice to Proceed issued on January 11, 2021. A Request for Proposals from press manufactures was released on April 27, 2021 with proposals due on May 25th, 2021. Resolution 2021-42 to award an equipment purchase agreement to Andritz Corp in the amount of $285,000 was approved by Council at the June 16, 2021 meeting. Update: Equipment is now on order. Final plans are being drafted based on the equipment ordered, with an anticipate invitation to bid for construction likely January 2022. • Kenai Well house Relocation – Contract was executed with Polar North Construction on August 4, 2021 in the amount of $243,172.25. Site clearing and pad preparation has been completed. Project will be on hold until spring. General Contractor and Concrete subcontractor have been dealing with manpower shortages. • SCADA Integration – Resolution 2021-10 approved at the March 3, 2021 Council meeting has authorized a $125,000 purchase order to HDL Engineering for assessments and repairs to both the Water & Sewer and Wastewater facilities relating to SCADA. Update: Borealis Controls has been removed as a sub-consultant due to lack of performance, TechPro is now stepping in to move this integration forward. They are expected onsite in Kenai the week of October 25th. • USACE Bluff Erosion – See City Manager’s report. Formal Request for Proposals was released on January 28, 2021, Pre-proposal zoom meeting was conducted on February 9, 2021 with approximately twenty people attending. Proposals were received on March 4, 2021 from five firms. Evaluations of the proposals were completed by committee and HDR Engineering, Inc was the highest scoring successful proposer. An intent to award was sent Page 100 Page 3 of 5 Public Works Mid-Month Report out on March 18, 2021. Council approved Resolution 2021-35 at the June 2, 2021 meeting awarding an agreement to HDR along with issuance of a purchase order in the amount of $791,832.68. Design services are expected to run approximately twelve months to provide bid ready plans and specifications. July 6, 2021 the formal agreement between the City of Kenai and HDR was executed. On August 11, 2021 the City Manager and Public Works Director met and walked the project site with representatives from the Army Corp of Engineers including the Regional Commander in charge of the project. Project kickoff meeting with Engineers was conducted on August 19th at 3:00pm. On August 29th the Data Collection Plan was received. Update: Detailed work plan has been received by HDR, Data Collection of existing site condition is now underway. On October 4, 2021 a project meeting was held providing updates on data collection progress. The first deliverables are anticipated for December, project design efforts will run through July 2022. • Multi-purpose Facility – The Building Maintenance Department went through the Ice Rink and pressure washed all of the algae that has been growing on the steel beams. Nelson Engineering was also able to come out and assess the structure and condition of the rusting. Formal report was received on October 6, 2020. Nothing new to report. • Cemetery Expansion – This project is located at the corner of First Ave and Float Plane Rd and will provide for additional burial space as the existing adjacent cemetery has reached capacity. The Public Works Department using in house personnel has already cleared, leveled and graded the site, and placed and compacted a gravel sub-base for the parking area. Update: the Cemetery site has been fine graded and grass seed and fertilizer placed. Staff has successfully surveyed in 64 adult plot sites and 12 infant plot sites. These sites are available through the Clerk’s office. Additional sites will be available in the summer 2022 after installation of HEA power and irrigation well have been installed. HEA is developing design documents for City approval to bring in a 100amp electrical service to the property from off of Second St. • DOT Kenai Spur Highway to Sports Lake Rd – In speaking with representatives from DOT on June 10, 2021, it is my understanding this project will likely be released for construction bids in late fall 2021 for an anticipated construction start of Spring/Summer 2022. This project is intended to continue the widening of the roadway similar to the previous project that extended to approximately Swires Rd. Nothing new to report at this time. • DOT Bridge Access Road Bike Path – Council passed Resolution 2021-53 on August 4, 2021 authorizing the City Manager execute a memorandum of agreement with DOT for design, construction, and maintenance of the Kenai Bridge Access Road Pathway project. In speaking with representatives from DOT the state has not provided funding as yet for this project to move forward. To date the City has appropriated $294,947 in support of this project which is intended to provide a 1.2 mile path connecting the paths between the Spur Highway and Beaver Loop. Total cost of project per DOT estimates equals $3,266,301. Page 101 Page 4 of 5 Public Works Mid-Month Report • Bryson Ave. Bluff Erosion Repair – Project was released for Construction Bids on July 29, 2021 with bids due on August 19, 2021. Fosters Construction was the winning bidder at a cost of $309,775. Contract documents were executed with Fosters on September 20, 2021 and work began immediately. As of October 13, 2021 work is largely completed with the exception of topsoil and hydro-seed which will wait until spring, see photos below. Final fill amounts are being totaled now to determine final costs. As erosion continued between bid release and contract execution additional fill was required. Total costs will be provided at next month’s report. Project was a success, the infrastructure is now working as intended. Gratitude to Fosters Construction and Larsen Engineering for addressing the needs quickly. Before After During Construction Page 102 Page 5 of 5 Public Works Mid-Month Report The Public Works Department started a public surplus auction on September 16, 2021 which concluded on October 7, 2021. The following vehicles were successfully liquidated: The funds from the Loader and ARFF trucks will return to the FAA as part of the grant requirements for the purchasing of the new vehicles provided in replacement. The remaining funds revert back to the appropriate General fund and Water Sewer Fund respectively. New Vehicles Arriving Three new Police F150s have arrived in support of the Fleet Replacement Plan and will be in service shortly. Page 103 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: October 13, 2021 SUBJECT: September 2021 Monthly Report In September, our team along with many volunteers sent out 200 emergency buckets to seniors in the greater Kenai area. This project made possible by a grant from the State of Alaska. 2021 2020 Home Delivered Meals 2262 2434 Individuals 94 146 Pick-Up Meals 122 155 Individuals 17 23 Dining Room (Congregate) Meals 457 0 Individuals 93 0 Transportation – Rides 23 0 Individuals 4 0 Grocery Shopping Assistance 2 18 SIGN-INS VIA MySeniorCenter© Writers Group 36 0 Caregiver Support Group 16 0 Growing Stronger Exercise 218 0 Tai Chi Class 50 0 TOPS Weight Loss Class 28 0 Coffee/Paper 759 0 Bluegrass Jam Session 264 0 Card Games 427 0 Wii Bowling 71 0 Arts & Crafts 56 0 Total Event Sign-ins 1925 0 Individuals 150 0 Vintage Pointe Manor Vacancies 2 7 Page 104 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.0D FOR COUNCIL REVIEW COUNCIL MEETING OF: OCTOBER 20, 2021 VENDOR DESCRIPTION DEPT. SGS ENV IRONMENTAL SERVICES LAB TESTING WWTP AL YESKA SALES TIREfRIMS-NEW POLICE VEHICLES EQUIP. REPLACEMENT A IRPORT EQUIPMENT RENTALS EXCAVATOR RENTAL STREETS BARKING DOG EXH IBITS STORYWALK SIGNS LIBRARY ACCOUNT AMOUNT PROFESSIONAL SERVICES 10 ,000.00 MACHINERY & EQUIPMENT 2 ,641 .80 RENTALS 4 ,600.00 OPERATING SUPPLIES 4,514.04 Page 105 October 5, 2021 City Kenai 210 Fidalgo Avenue Kenai AK 99611 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE West Coast Reg ion 1201 NE Lloyd Boulevard, Suite 1100 PORTLAND , OREGON 97232 NOAA Fisheries is inviting the City Kenai to consult and provide comments regarding our preparation of programmatic agreements to address the potential effects that our Pacific Coastal Salmon Recovery Fund (PCSRF) grant program may have on historic properties. The issuance of federal funds through our PCSRF grant program is considered an undertaking according to Section 106 of the National Historic Preservation Act and its implementing regulations. The PCSRF is a competitive grant program established by Congress to reverse the declines of West Coast salmon by providing funding to tribes and states to protect, conserve, and restore salmon populations. PCSRF grant recipients include Federally-recognized West Coast tribes or their representative tribal commission or consortia as well as the States of Alaska, Washington, Oregon, Idaho, and California. As a result of this undertaking, the potential to affect historic properties is multifaceted and regional in scope. Eligible states such as Alaska must submit applications through Alaska Department of Fish & Game, which has been designated by a Memorandum of Understanding with NOAA Fisheries. The state agency then issues funding to applicants for individual projects through their grant competition process. Because NOAA Fisheries is not involved in the project selection or implementation, it is the grant recipient or subrecipient 's responsibility to obtain all necessary permits on projects funded by PCSRF. As such, effects on historic properties cannot be fully determined prior to NOAA Fisheries' issuance of federal funding. A detailed description of the PCSRF grant program, priorities, and the types of projects it funds is enclosed for your information (see Attachment A). Therefore , to meet Section I 06 responsibilities for the PCSRF undertaking, NOAA Fisheries intends to develop a programmatic approach to consultation under Section 106. NOAA Fisheries will identify appropriate parties to play a role in Section 106 in Alaska, and plans to draft a Page 106 Programmatic Agreement to create a framework that will provide consulting parties an opportunity for consultation on the individual projects funded by the PCSRF grant program. The Programmatic Agreement that NOAA Fisheries is currently pursuing is with the state agency grant recipient Alaska Department of Fish & Game. NOAA Fisheries also intends to conduct a parallel programmatic approach with tribal commission/consortia grant recipients, and intends to engage individual tribal recipients in consultation on a project-by-project basis. As part of outreach for this undertaking, NOAA Fisheries would like to identify archaeological, historic resources, or locations that are of cultural importance to the local community. We invite your agency to consult on the PCSRF undertaking's potential to impact historic properties in your state, and on the Programmatic Agreement that will outline a process to address potential effects to such historic properties. We would appreciate any information you may have regarding how the individual projects funded through the grant program may affect cultural resources, and welcome you to participate in the drafting of the Programmatic Agreement. Therefore, NOAA Fisheries invites you to consult on this undertaking pursuant to 36 CFR 800.4(4) and 800.14(f). Please respond with your interest in participating in this consultation within 30 days of the receipt of this letter. If you have any questions, please feel free to call us at 503-231-2344 or email us at pcrsf.nhpa@noaa.gov. Thank you for your assistance and we look forward to working with y ou. Sincerely, Scott M. Rumsey, Ph.D. Deputy Regional Administrator, West Coast Region, National Marine Fisheries Service Page 107 Attachment A Pacific Coastal Salmon Recovery Fund (PCSRF) Since 2000, Congress has provided funding for the protection, conservation, and restoration of Pacific salmon and steelhead . Through the Pacific Coastal Salmon Recovery Fund (PCSRF, or the Fund), the National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service (NMFS) distributes those funds to states and tribes through competitive grants. Eligible projects include all phases of habitat restoration and protection activities that contribute to recovering Pacific salmon and steelhead listed under the Endangered Species Act (ESA) or supporting Pacific salmon and steelhead species important to tribal treaty fishing rights and native subsistence fishing. Since 2000, PCSRF has awarded an annual average of $74 million , states and tribes have leveraged additional resources to collectively implement more than 14,500 projects, and PCSRF has protected, restored, and created more than 1.1 million acres of salmon habitat across the West Coast. The project area comprises the six states specified by Congress- Alaska, Washington, Oregon, California, Idaho, and Nevada-and the federally recognized Tribes of the Columbia River and Pacific Coast (including Alaska). NMFS has established six project category types that qualify for PCSRF funding. Each category has one or more sub-categories that can be found in the PCSRF Project and Performance Metrics Database (https://www .webapps.nwfsc.noaa.gov/apex/f?p=309: 15:: :: :: ): Salmonid Restoration Planning and Assessments Salmonid Habitat Restoration and Acquisition Salmonid Hatcheries and Harvest Management Salmonid Research , Monitoring, and Evaluation Public Outreach, Education, and Landowner Recruitme nt Program Administration NMFS identifies program priorities in the annual notice of funding opportunity, available on www .grants.gov. In 2021 , NMFS identified the following priorities : Priority One projects address factors limiting the productivity of Pacific anadromous salmonid populations that are listed under the ESA and/or necessary for the exercise of tribal treaty fishing rights or native subsistence fishing . Page 108 Priority Two projects consist of watershed-scale or larger effectiveness monitoring, population- scale status and trend monitoring, monitoring necessary for the exercise of tribal treaty fishing rights or native subsistence fishing on anadromous salmonids, or conducting watershed-scale or larger restoration planning. Priority Three projects are all other projects consistent with the Congressional authorization with demonstrated need for PCSRF funding. Each year, as authorized by Congress, NMFS solicits proposals from the States of Alaska, Washington, Oregon, Idaho, Nevada, and California, and federally recognized Pacific Coast Tribes. States and tribal commissions/ consortia applicants have different requirements than individual tribal applicants when describing their program or project narrative within their proposals. After NMFS makes its funding decision, and the awards are issued, the states and tribal commissions/consortia identify their sub-recipients and activities. States and tribal commissions/consortia propose an overarching program framework, in which each follows their own policies and procedures to select projects and award funding to sub-recipients. Recipients may issue competitive solicitations, issue non-competitive sub-awards, or use a combination of both. Recipients may supplement the project criteria provided by NMFS, for example, focusing on particular species or watersheds. Typically, each state implements 15-250 projects under each annual award, while tribal commissions and consortia typically implement up to 40 projects annually. Both types of recipients can select projects and grant sub-awards throughout a five-year period. Each recipient's respective grant policies and procedures govern these sub-awards. Each project may receive other state or tribal funds, federal funds, local contributions, or in-kind support. Individual tribes typically propose 1-3 specific project(s) for which they are seeking funds. These projects may also receive any combination of other funds and in-kind support. Once selected for funding , NMFS has limited involvement in the scope or details of individual projects or sub-award funding carried out by the states and tribal commissions/consortia. However, under Section 106 of the NHPA, NMFS is required to consider the effects of the activities being funded on historic properties. Page 109 OCTOBER 20, 2021 CITY COUNCIL SPECIAL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET: ACTION ITEM REQUESTED BY Add to item D.4. Ordinance No. 3251-2021 • Supplemental Memo City Clerk Add to item G.7. Discussion of Kenai Dog Park • Supplemental Memo City Manager MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: October 20, 2021 SUBJECT: Ordinance No. 3251-2021 For clarification, the reason introduction and enactment of Ordinance No. 3251-2021 is needed in the same meeting, which is provided for pursuant to KMC 1.15.070(d), is because approval of the Clerk’s Contract, item G.5. on this agenda, is a part of the need for the increased appropriation. Your consideration is appreciated. Page 2 of 4 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: October 18, 2021 SUBJECT: Discussion Item – Kenai Dog Park Pat Porter, former Kenai Mayor, provided a letter to Council on September 26, 2021, requesting Council take action in three areas: 1.Appropriate the Daubenspeck Funding as a grant, removing the expectation of these funds being reimbursed. 2.Consider appropriating additional funding from the Daubenspeck Funds toward finishing this park in the way it should be for its citizens. 3.Consider writing a Tier I grant to the Rasmuson Foundation. This memo is intended to provide background information for Council and to address these three requests. In 2018, the City Council passed Resolution 2018-52, authorizing the use of an approximately 22,500 square-foot area of Daubenspeck Family Park for the construction of a Kenai Dog Park after a formal presentation by the Kenai Dog Park Committee at the Parks and Recreation Commission. The Resolution states a committee of community volunteers have offered to design and construct an off-leash dog park at no expense to the City. Ordinance 3211-2021, adopting the annual budget for FY2021, included a $25,000 grant to the Kenai Community Dog Park from the City’s General Fund. At the May 19, 2021 public hearing on the Ordinance, a letter from Ms. Porter requested the City Council appropriate $25,000 from the Daubenspeck Fund and stated, “every effort will be made to reimburse the Daubenspeck funding.” A motion to amend the Ordinance to appropriate $25,000 from the Daubenspeck Fund for the Kenai Dog Park was made; however, the amendment failed. Funding in the amount of $25,000 from the City’s General Fund was approved. Although Ms. Porter stated that their intent was to return the money to the City, and discussion by Council when considering the motion indicated that Council hoped that the money would be reimbursed, Council included no requirement in the motion that the Kenai Community Dog Park reimburse these grant funds. The City has deposited $21,120 of the $25,000 appropriated for the Kenai Dog Park in the Kenai Community Foundation bank account to pay for fencing. In addition to funds donated by the City, there have been additional private donations of $28,970. Page 3 of 4 Page 2 of 2 In addition to funding, the City has provided support from the Parks and Recreation department on improvements to the property, including drafting the concept plan through the River, Trails and Conservation Assistance program and assisting with volunteer planning meetings, coordination with Peak Oilfield Services and L&J Enterprises for clearing and dirt work and with Salamatof Native Cooperation for dirt work and leveling of area, assisting volunteers with brush clearing, tree pruning and original measuring/staking of the park, removal of approximately 30 beetle-kill trees, mowing grass growing in a cleared area, measuring and staking out property for fence work; meeting with Fireweed Fence to review layout, grubbing out a 15’x25’ area for small dogs, providing an update to the Kenai Rotary Club, and storing donated tires at the City yard along with trash cans that volunteers will paint. It appears that City and community support and fundraising have been successful. Between private donations and the grant from the City, the funding gap between income and budgeted expenditures to complete the park has been reduced to $2,830. Fundraising over the course of the winter will likely close most if not all of this gap, indicating that an additional appropriation is not necessary at this time. In July, the City hired a Temporary Grant W riter who is primarily focused on grant opportunities to fulfill match requirements for our Bluff Stabilization Project and pursuing funding for water and sewer projects that have been identified in the City’s five-year capital improvement plan. Based on the limited amount of additional funds needed to complete the park and the importance of continued focus on funding for the Bluff Stabilization Project and needed water and sewer improvements, tasking the Temporary Grant Writer to apply for a Tier 1 Rasmuson Grant for the Kenai Dog Park is likely not the best utilization of that position. Page 4 of 4 Kenai City Council - Regular Meeting Page 1 of 3 October 20, 2021 Kenai City Council - Regular Meeting October 20, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Certification of the October 5, 2021 Election Results 4. Agenda Approval 5. Oath of Office for Student Representative, Aleea Faulkner 6. 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) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. POSTPONED INDEFINITELY. Ordinance No. 3248-2021 - Accepting and Appropriating a Collection Equity Award from the Network of the National Library of Medicine Region 5 for the Purchase of Health and Wellness Titles for the Kenai Community Library Collection. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3249-2021 - Accepting and Appropriating Funding from the American Library Association for the Kenai Community Library’s Participation in the NASA@ My Library Programming Initiative. (Administration) 3. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3250-2021 - Increasing Estimated Revenues and Appropriations in the Vintage Pointe Enterprise Fund and Awarding a Contract for a Resident Maintenance Manager for the Vintage Pointe, Congregate Housing Facility. (Administration) Kenai City Council - Regular Meeting Page 2 of 3 October 20, 2021 4. ENACTED UNANIMOUSLY. Ordinance No. 3251-2021 - Increasing Estimated Revenues and Appropriations in the General Fund, Clerk Department, for Costs in Excess of Budgeted Amounts Due to the Resignation of the City's Clerk and Onboarding of a New City Clerk. (City Council) 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Adoption (Requires Five Affirmative Votes) 5. ADOPTED UNANIMOUSLY. Resolution No. 2021-61 - Opposing the Doyon Coalition Redistricting Map as Presented. (Council Members Knackstedt and Pettey) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Special Meeting of October 1, 2021. (City Clerk) 2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of October 6, 2021. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 11/3/2021. *Ordinance No. 3252-2021 - Increasing Estimated Revenue and Appropriations in the Water & Sewer Fund for Operational Costs in Excess of Budgeted Amounts at the Waste Water Treatment Plant. (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 11/3/2021. *Ordinance No. 3253-2021 - Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Areawide Senior Thanksgiving Dinner. (Administration) 4. APPROVED UNANIMOUSLY. Action/Approval - Re-appointment of Rachael Craig to Council on Aging. (Mayor Gabriel) 5. APPROVED UNANIMOUSLY. Action/Approval - Approving an Employment Agreement Between the City of Kenai and City Clerk Michelle Saner. (City Council) 6. APPROVED UNANIMOUSLY. Action/Approval - Special Use Permit to Alaska Geographic for a Vending Kiosk in the Airport Terminal. (Administration) 7. Discussion - Kenai Dog Park. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission Kenai City Council - Regular Meeting Page 3 of 3 October 20, 2021 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 L. EXECUTIVE SESSION M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. NOAA Fisheries Letter The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Join Zoom Meeting OR https://us02web.zoom.us/j/83664855240 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 836 6485 5240 Passcode: 608329 Meeting ID: 836 6485 5240 Passcode: 608329