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HomeMy WebLinkAbout2026-09-16 Council PacketPage 1 / Kenai City Council - Regular Meeting September 16, 2026 — 6:00 PM Kenai City Council Chambers r LC � A//�\► I 210 Fidalgo Avenue, Kenai, Alaska Kwww.kenai.city **Telephonic/Virtual Information on Page 3** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items 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 ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker, twenty (20) minutes aggregated) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker, thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. Ordinance No. 3544-2026 - Amending Kenai Municipal Code Chapter 1.56 Kenai Municipal Library Department, Removing the Library Regulations from the Appendices of Kenai Municipal Code, and Amending the City of Kenai Schedule of Rates, Changes, and Fees for Housekeeping Purposes and to Align the Library with Other City Departments. (Administration) 2. Ordinance No. 3545-2026 - Increasing Estimated Revenues and Appropriations in the General and Senior Center Improvement Capital Project Funds to Provide Supplemental Funding for the Senior Center Canopy Roof Replacement Project. (Administration) 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Enactment (Requires Five Affirmative Votes) 3. Resolution No. 2026-61 - Authorizing Purchase of Two Police Interceptors Using the City's Fleet Replacement Fund and the State of Alaska Equipment Fleet Contract. (Administration) 4. Resolution No. 2026-62 - Authorizing a Contract Award for SCADA Design and Installation Services. (Administration) F. MINUTES 1. *Regular Meeting of September 2, 2026. (City Clerk) Kenai City Council - Regular Meeting Page 1 of 3 September 16, 2026 Page 2 G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Non -Objection to the Acceptance and Appropriation of a Donation from the Derek Kaufman Fund in the Amount of $1,000 in Accordance with KMC 7.25.030. (Administration) 4. *Action/Approval - Non -Objection to the Acceptance and Appropriation of the Fiscal Year 2027 Public Library Assistance Grant in the Amount of $7,000 in Accordance with KMC 7.25.030 (Administration) 5. *Action/Approval - Confirmation of Mayoral Nomination of Joshua Bolling as Student Representative to City Council and Caroline Karpik as Student Representative to the Council on Aging Commission. 6. Discussion - Council Employee Review Consultant. (Grieme) I. COMMISSION REPORTS 1. Council on Aging Commission 2. Airport Commission 3. Parks and Recreation Commission 4. Planning and Zoning Commission 5. Beautification Commission J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS Kenai City Council - Regular Meeting Page 2 of 3 September 16, 2026 Page 3 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 at 907-283-8231. Registration is required to join the meeting remotely through Zoom. Please use the following link to register: https://us02web.zoom.us/meeting/register/i2h3GksfSZumlxtJGGNKVq Kenai City Council - Regular Meeting Page 3 of 3 September 16, 2026 Page 4 KENAI CITY OF KENAI ORDINANCE NO. 3544-2026 Sponsored by: Administration AN ORDINANCE AMENDING KENAI MUNICIPAL CODE CHAPTER 1.56 KENAI MUNICIPAL LIBRARY DEPARTMENT, REMOVING THE LIBRARY REGULATIONS FROM THE APPENDICES OF KENAI MUNICIPAL CODE, AND AMENDING THE CITY OF KENAI SCHEDULE OF RATES, CHANGES, AND FEES FOR HOUSEKEEPING PURPOSES AND TO ALIGN THE LIBRARY WITH OTHER CITY DEPARTMENTS. WHEREAS, the provisions set forth in Kenai Municipal Code (KMC) Chapter 1.56 and Appendix - Library Regulations and Policies govern various aspects of Library operations, including the issuance of library cards, borrowing limits, fees, electronic devices, internet access, materials and programs, patron conduct, and facility use; and, WHEREAS, having these provisions codified limits the Library's ability to update policies and respond to changing operational needs effectively; and, WHEREAS, Kenai Municipal Code Chapter 1.56 is amended to retain KMC 1.56.010 and KMC 1.56.020, and to repeal all remaining sections; and, WHEREAS, KMC 1.56.010 remains unchanged and KMC 1.56.020 is amended to define the powers and duties of the Kenai Municipal Library Department in a manner that is consistent with other City departments; and, WHEREAS, Appendix - Library Regulations is repealed in its entirety; and, WHEREAS, the City of Kenai Schedule of Rates, Changes, and Fees is amended to remove references to Appendix - Library Regulations and Policies; and, WHEREAS, these amendments to KMC allow the Library to establish, revise, and implement policies without requiring formal amendments to Kenai Municipal Code; and, WHEREAS, this approach is consistent with other City departments regarding their day-to-day operational policies; and, WHEREAS, maintaining policies in administrative form better aligns with best practices in library management, ensuring that staff can manage day-to-day library operations effectively; and WHEREAS, this change preserves transparency by ensuring that all Library policies remain documented, accessible, and available to the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Chapter 1.56 of Kenai Municipal Code: That Kenai Municipal Code, Chapter1.56 — Kenai Municipal Library Department, is hereby amended as follows: Chapter 1.56 KENAI MUNICIPAL LIBRARY DEPARTMENT New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3544-2026 Page 2 of 11 Sections: 1.56.010 Creation. 1.56.020 [AUTHORITY FOR ADOPTION OF RULES, REGULATIONS, AND FINES] Powers and Duties. [1.56.025 LIBRARY CARDS. 1.56.030 SLEEPING AND RESTING PROHIBITED. 1.56.040 REFUSING TO RETURN LOANED MATERIAL. 1.56.045 LENDING POLICY WHERE LOANED MATERIAL NOT RETURNED. 1.56.050 PENALTY.] 1.56.010 Creation. Page 5 There shall be a Municipal Library Department, the head of which shall be the Library Director, appointed by the City Manager for an indefinite term. The Library Director shall be an officer of the City and have supervision and control of the Kenai Community Library. 1.56.020 [Authority for Adoption of Rules, Regulations, and Fines] Powers and Duties. [THE LIBRARY DIRECTOR SHALL ESTABLISH RULES AND REGULATIONS FOR CONDUCT ON THE PROPERTY OF, AND USE OF, THE KENAI COMMUNITY LIBRARY AND LIBRARY MATERIALS AND A FINE OR PENALTY CHARGE SCHEDULE FOR OVERDUE, DAMAGED, OR FAILURE TO RETURN LOANED LIBRARY PROPERTY, WHICH RULES AND REGULATIONS SHALL BE EFFECTIVE AFTER APPROVAL BY CITY COUNCIL AND AFTER BEING POSTED IN A LOCATION WITHIN THE LIBRARY READILY VISIBLE BY LIBRARY PATRONS.] The Library Director is responsible for the overall administration and operation of the municipal library and its services. Under the direction of the Library Director, the department oversees library facilities, resources, and programs; manages personnel and budgets; and ensures the provision of accessible and responsive library services to the community. The department may establish policies and procedures necessary for effective library operations, maintain library property and collections, and carry out any additional responsibilities assigned by the City Manager or required by municipal ordinance. [1.56.025 LIBRARY CARDS. NO MATERIALS WILL BE LOANED FROM THE LIBRARY EXCEPT TO PARTIES HAVING A VALID LIBRARY IDENTIFICATION CARD WHICH IS NOT SUBJECT TO ANY UNPAID FINES OR PENALTIES IN EXCESS OF TEN DOLLARS ($10.00). SUCH LIBRARY IDENTIFICATION CARD WILL BE ISSUED TO ANY RESIDENT OF THE AREA MAKING APPLICATION THEREFOR AND UPON A FORM PREPARED BY THE LIBRARIAN AND CONTAINING AN AGREEMENT TO BE RESPONSIBLE FOR ALL MATERIALS BORROWED THEREON AND TO PAY ANY FINES, CHARGES, OR PENALTIES IMPOSED BY MISUSE OF LIBRARY PROPERTY. HOWEVER, NO SUCH CARD WILL BE ISSUED TO A MINOR (UNDER THE AGE OF EIGHTEEN (18)) UNLESS THE APPLICATION FOR SAID CARD IS ALSO SIGNED BY A PARENT OF SUCH CHILD OR ONE STANDING IN PLACE OF THE PARENT WHO IS WILLING TO ASSUME RESPONSIBILITY FOR THE CHILD AND FOR ANY MISUSE OF LIBRARY PRIVILEGES. 1.56.030 SLEEPING AND RESTING PROHIBITED. NO ONE SHALL SLEEP WITHIN THE LIBRARY OR OUTSIDE THE LIBRARY UPON LIBRARY PROPERTY AT ANY TIME NOR SHALL ANYONE LIE IN A RECLINED POSITION WITHIN OR OUTSIDE THE LIBRARY OR LIBRARY GROUNDS. TO LIE IN A RECLINED POSITION MEANS TO POSITION ONE'S BODY PARALLEL TO THE FLOOR OR GROUND WHETHER ONE IS ON THE FLOOR, GROUND, A TABLE, BENCH, CHAIRS, COUCH, COUNTER, SHELVES, CARD CASES, OR ANY OTHER ITEM OF FURNITURE. 1.56.040 REFUSING TO RETURN LOANED MATERIAL. NO PERSON, FIRM, OR CORPORATION SHALL KNOWINGLY REFUSE TO RETURN ANY READING MATERIAL, INCLUDING BOOKS, PERIODICALS, NEWSPAPERS, MAPS, ATLASES, OR ANY NON -READING MATERIAL INCLUDING New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3544-2026 Page 6 Page 3 of 11 CASSETTES, RECORD PLAYERS, SCREENS, AND PROJECTORS LOANED TO SAID PERSON, FIRM, OR CORPORATION WITHIN THIRTY (30) DAYS AFTER SAID READING OR NON -READING MATERIAL BECOMES OVERDUE. 1.56.045 LENDING POLICY WHERE LOANED MATERIAL NOT RETURNED. LENDING PRIVILEGES FOR ANY LIBRARY MATERIALS WILL BE SUSPENDED ON ANY LIBRARY CARD ON WHICH MATERIALS HAVE BEEN LOANED AND HAVE NOT BEEN RETURNED WHEN DUE OR ON WHICH ANY FINES, CHARGES, OR PENALTIES IN EXCESS OF TEN DOLLARS ($10.00) HAVE BEEN ASSESSED WHICH ARE IN ARREARS. 1.56.050 PENALTY. IN ADDITION TO ANY FINE LEVIED OR OTHER PENALTY IMPOSED PURSUANT TO THIS CHAPTER OR REGULATIONS IMPOSED THEREUNDER, ANY PERSON, FIRM, OR CORPORATION WHO SHALL VIOLATE ANY PROVISION OF THIS CHAPTER INCLUDING ANY RULES AND REGULATIONS AS HEREIN SET FORTH, OR FAIL TO COMPLY THEREWITH UPON CONVICTION THEREOF SHALL BE PUNISHED BY A FINE AS PROVIDED FOR VIOLATIONS IN KMC 13.05.010.1 Section 2. Repeal of Library Regulations and Policies Appendix of Kenai Municipal Code: That Kenai Municipal Code Appendices — Library Regulations and Policies is hereby repealed in its entirety as follows: [LIBRARY REGULATIONS 1. BORROWERS' CARDS A. ALL TRANSACTIONS WILL REQUIRE THE PRESENCE OF A VALID LIBRARY IDENTIFICATION CARD WHICH WILL BE ISSUED TO A RESIDENT FILING AN APPLICATION, AND ACCEPTING RESPONSIBILITY FOR THE USAGE THEREOF. NO CARD WILL BE ISSUED TO A MINOR UNDER EIGHTEEN (18) YEARS OF AGE UNLESS THE APPLICATION, AND ACCEPTANCE OF RESPONSIBILITY, IS SIGNED BY THE MINOR AND ALSO BY A PARENT OR LEGAL GUARDIAN. THE RESPONSIBLE ADULT MUST BE A CURRENT CARDHOLDER AND BE WILLING TO ASSUME THE RESPONSIBILITY FOR THE MINOR FOR MISUSE OR ABUSE OF THE PRIVILEGES OF LIBRARY USAGE. B. WHERE PRIVILEGES HAVE BEEN SUSPENDED ON A CARD OF A MINOR, PRIVILEGES ON A CARD OF A PARENT OR LEGAL GUARDIAN WITH LEGAL CUSTODY OF THE MINOR MAY BE SUSPENDED BY GIVING PRIOR WRITTEN NOTICE OF SUSPENSION TO SUCH PARENT OR A LEGAL GUARDIAN AT THE ADDRESS ON THE LIBRARY RECORD, AND WILL REMAIN IN EFFECT UNTIL THE OVERDUE MATERIALS HAVE BEEN RETURNED, AND/OR THE LATE FEES, CHARGES, OR PENALTIES ON THE SUSPENDED CARD HAVE BEEN PAID IN FULL. 2. LATE FEES ALL FEES FOR THE LATE RETURN OF LIBRARY MATERIALS SHALL BE AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. 3. SERVICE AND REPLACEMENT CHARGES THE REPLACEMENT COST OF BOOKS OR OTHER MATERIALS THAT ARE LOST OR DAMAGED BEYOND REPAIR SHALL BE AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. ALL REPLACEMENT FEES FOR ANY ITEM, INCLUDING BUT NOT LIMITED TO A LIBRARY IDENTIFIER/BARCODE, LOST LIBRARY CARDS, RECORD SLEEVES, HANG-UP BAGS, AND AV OR CASSETTE CONTAINERS, SHALL BE AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL 4. DAMAGES ALL FEES FOR DAMAGED, TORN, OR DEFACED PAGES OR COVERS, INCLUDING ANY PAGES OR COVERS THAT HAVE BEEN MENDED WITH SCOTCH TAPE OR LIKE MATERIAL OR PAGES OR COVERS THAT CONTAIN SCRIBBLING OR WRITING SHALL BE AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3544-2026 Page 4 of 11 5. RENEWALS Page 7 BOOKS AND/OR OTHER LIBRARY MATERIALS MAY BE RENEWED IN PERSON, ON-LINE OR BY TELEPHONE ONCE IF NOT RESERVED. 6. USE OF LIBRARY CONFERENCE ROOM USE OF THE LIBRARY CONFERENCE ROOM IS LIMITED TO GENERAL GOVERNMENT AND LIBRARY RELATED EVENTS OR MEETINGS. 7. EXHIBITS ONLY GOVERNMENTAL OR LIBRARY RELATED EXHIBITS MAY BE DISPLAYED AT THE LIBRARY. KENAI COMMUNITY LIBRARY POLICIES MISSION THE MISSION OF THE KENAI COMMUNITY LIBRARY IS TO PROVIDE A COMFORTABLE AND FRIENDLY ENVIRONMENT IN WHICH THE PUBLIC MAY: A. HAVE A REASONABLE EXPECTATION THAT THEY WILL LEAVE THE BUILDING WITH WHAT THEY CAME FOR; B. RELAX AND READ CURRENT MATERIALS; C. RECEIVE KNOWLEDGEABLE ASSISTANCE AND ANSWERS TO QUESTIONS; D. PURSUE OPPORTUNITIES FOR LIFELONG LEARNING; E. FIND PROFESSIONALLY SELECTED MATERIALS IN ALL FORMATS FOR PERSONAL ENJOYMENT; F. ENJOY PROGRAMS OR PERFORMANCES; G. HAVE ACCESS TO TECHNOLOGICAL RESOURCES. IN SUPPORT OF THIS MISSION, THE LIBRARY PROVIDES INDIVIDUALIZED ASSISTANCE, COMMUNITY OUTREACH, PROFESSIONAL EXPERTISE, AND CURRENT TECHNOLOGIES FOR EQUAL ACCESS TO FACILITIES, QUALITY SERVICES, AND MATERIALS IN A VARIETY OF FORMATS. THE KENAI COMMUNITY LIBRARY WILL ENDEAVOR TO: A. PROVIDE SERVICE TO EVERY RESIDENT IN THE COMMUNITY; B. PROVIDE NON-RESIDENTS THE SAME SERVICES: C. HAVE THE LIBRARY OPEN SEVEN (7) DAYS A WEEK FOR AT LEAST A TOTAL OF FIFTY-NINE (59) HOURS. THE LIBRARY SUPPORTS THE LIBRARY BILL OF RIGHTS OF THE AMERICAN LIBRARY ASSOCIATION FREEDOM TO READ STATEMENT. THE LIBRARY'S MANDATE IS TO PROVIDE THE PUBLIC ACCESS TO INFORMATION ON ALL SIDES OF AN ISSUE. MATERIALS BOOKS AND OTHER LIBRARY MATERIALS WILL BE ADDED TO THE PRESENT COLLECTION TO PROVIDE INFORMATION, ENTERTAINMENT, INTELLECTUAL DEVELOPMENT AND ENRICHMENT TO ALL THE PEOPLE OF THE COMMUNITY. PERSONNEL SALARY SCHEDULE, HOLIDAYS, VACATION AND SICK LEAVE SHALL CONFORM TO THOSE RULES OUTLINED IN THE PERSONNEL REGULATIONS OF THE CITY OF KENAI. BUDGET, OPERATIONAL THE BUDGET SHALL BE PRESENTED TO THE CITY BY THE LIBRARY STAFF. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3544-2026 Page 5 of 11 BUDGET, CAPITAL IMPROVEMENTS Page 8 THE INITIATION OF A BUDGET FOR CAPITAL IMPROVEMENTS SHALL BE DONE BY THE LIBRARY COMMISSION AND THE LIBRARY STAFF. BOOK SELECTION THE LIBRARY COMMISSION, RECOGNIZING THE PLURALISTIC NATURE OF THIS COMMUNITY AND THE VARIED BACKGROUNDS AND THE NEEDS OF THE CITIZENS, DECLARES AS A MATTER OF BOOK SELECTION POLICY THAT: A. BOOKS AND/OR OTHER LIBRARY MATERIAL SELECTION ARE AND SHALL BE VESTED IN THE LIBRARIAN. ANY BOOK AND/OR LIBRARY MATERIAL SO SELECTED SHALL BE HELD TO BE SELECTED BY THE COMMISSION. B. SELECTION OF BOOKS AND/OR OTHER LIBRARY MATERIAL SHALL BE MADE ON THE BASIS OF THEIR VALUE OF INTEREST, INFORMATION, AND ENLIGHTENMENT OF ALL THE PEOPLE OF THE COMMUNITY. NO BOOK AND/OR LIBRARY MATERIAL SHALL BE EXCLUDED BECAUSE OF THE RACE, NATIONALITY OR THE POLITICAL OR SOCIAL VIEWS OF THE AUTHOR. C. THIS COMMISSION BELIEVES THAT CENSORSHIP IS A PURELY INDIVIDUAL MATTER AND DECLARES THAT WHILE ANYONE IS FREE TO REJECT FOR HIMSELF BOOKS OF WHICH HE DOES NOT APPROVE, HE CANNOT EXERCISE THIS RIGHT OF CENSORSHIP TO RESTRICT THE FREEDOM TO READ TO OTHERS. D. THIS COMMISSION DEFENDS THE PRINCIPLES OF THE FREEDOM TO READ AND DECLARES THAT WHENEVER CENSORSHIP IS INVOLVED NO BOOK AND/OR LIBRARY MATERIAL SHALL BE REMOVED FROM THE LIBRARY SAVE UNDER THE ORDERS OF A COURT OR COMPETENT JURISDICTION. E. THIS COMMISSION ADOPTS AND DECLARES THAT IT WILL ADHERE TO AND SUPPORT: 1. THE LIBRARY BILL OF RIGHTS, AND 2. THE FREEDOM TO READ STATEMENT ADOPTED BY THE AMERICAN LIBRARY ASSOCIATION, BOTH OF WHICH ARE MADE A PART HEREOF. GIFTS WILL BE ACCEPTED WITH PROVISIONS AS TO ADDITION TO THE COLLECTION UPON EXAMINATION OF MATERIALS. NON -USABLE GIFTS WILL BE GIVEN THE DISPOSITION THAT IS OF MOST VALUE TO THE LIBRARY. PUBLIC RELATIONS COOPERATION WILL BE GIVEN TO OTHER LIBRARIES TO ADVANCE THE USAGE OF ALL LIBRARIES AND TO PROVIDE ADDITIONAL SERVICES TO THE READERS OF OUR COMMUNITY, AND TO PUBLICIZE THE VALUE OF LIBRARY SERVICES TO ALL. UNATTENDED CHILDREN THE LIBRARY OFFERS MANY PROGRAMS AND SERVICES THAT ENCOURAGE CHILDREN TO DEVELOP A LOVE OF BOOKS, READING AND LEARNING. HOWEVER: • BECAUSE THE LIBRARY IS A PLACE WHERE CHILDREN GATHER, IT MAY ATTRACT PEOPLE WHOSE INTEREST IN CHILDREN IS NOT ENTIRELY WHOLESOME. • THE SAFETY AND WELL-BEING OF CHILDREN AT THE LIBRARY IS OF SERIOUS CONCERN. • RESPONSIBILITY FOR CHILDREN USING THE LIBRARY RESTS AT ALL TIMES WITH THE PARENT(S) OR ASSIGNED CAREGIVER(S), NOT WITH THE LIBRARY PERSONNEL. • THE LIBRARY STAFF HAS LEEWAY TO INTERVENE IF AWARE OF DISRUPTIVE BEHAVIOR. • THE STAFF CANNOT KNOW IF CHILDREN ARE LEAVING THE BUILDING WITH THEIR PARENTS OR STRANGERS. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3544-2026 Page 6 of 11 Page 9 FOR THE PROTECTION AND WELL-BEING OF CHILDREN WHO ENJOY LIBRARIES, THE FOLLOWING HAS BEEN ESTABLISHED: • CHILDREN UNDER EIGHT (8) YEARS MUST BE CONTINUALLY ATTENDED BY A PARENT OR A CAREGIVER WHILE IN THE LIBRARY. • PARENTS AND CAREGIVERS SHOULD BE FAMILIAR WITH THE LIBRARY'S HOURS OF OPERATION AND SHOULD NOT LEAVE CHILDREN BEFORE OPENING OR AFTER CLOSING. • THE LIBRARY STAFF IS NOT RESPONSIBLE FOR SUPERVISING CHILDREN LEFT ALONE WHEN THE LIBRARY IS CLOSED, BUT WILL MAKE ATTEMPTS TO REACH A PARENT FOR IMMEDIATE PICK-UP. • THE POLICE DEPARTMENT WILL BE NOTIFIED OF ANY CHILD WHO HAS BEEN LEFT TOO LONG OR REPEATEDLY IN THIS UNSAFE SITUATION. ELECTRONIC DEVICE CHECKOUT POLICY CHECKING OUT A DEVICE A. THE KENAI COMMUNITY LIBRARY OFFERS ELECTRONIC DEVICES FOR CHECKOUT. A PATRON MUST HAVE A VALID KENAI COMMUNITY LIBRARY CARD OR ALASKA LIBRARY CATALOG MEMBER LIBRARY CARD, AND AN ELECTRONIC DEVICE LIABILITY FORM MUST BE ON FILE. A LIBRARY CARD IS CONSIDERED VALID IF THE PATRON'S INFORMATION IS CURRENT AND THE ACCOUNT IS IN GOOD STANDING. B. PATRONS MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO BORROW AN ELECTRONIC DEVICE. PATRONS THIRTEEN (13) TO SEVENTEEN (17) YEARS OF AGE MUST HAVE A PARENT OR LEGAL GUARDIAN SIGN A LIABILITY FORM IN PERSON BEFORE FIRST CHECK-OUT. THE PARENT/LEGAL GUARDIAN ASSUMES RESPONSIBILITY FOR THE ELECTRONIC DEVICE. AVAILABLE DEVICES IN -LIBRARY LAPTOPS ARE AVAILABLE FOR LOAN AT THE SERVICE DESK ON A FIRST -COME, FIRST -SERVED BASIS. HOLDS OR ADVANCE BOOKINGS FOR LAPTOPS ARE NOT AVAILABLE. THE LOAN PERIOD FOR LAPTOPS IS TWO (2) HOURS, WHICH MAY BE EXTENDED SUBJECT TO STAFF APPROVAL. LAPTOPS MUST BE RETURNED AT LEAST FIFTEEN (15) MINUTES PRIOR TO LIBRARY CLOSING. IN -LIBRARY LAPTOPS SHOULD NEVER BE LEFT UNATTENDED. REMOVAL OF AN IN -LIBRARY DEVICE FROM THE LIBRARY BUILDING CONSTITUTES THEFT. CHROMEBOOKS ARE AVAILABLE FOR CHECKOUT FOR 21 DAYS WITH ONE RENEWAL IF NO OTHER HOLDS EXIST. HOLDS ON CHROMEBOOKS CAN BE PLACED BY CALLING THE KENAI COMMUNITY LIBRARY DURING BUSINESS HOURS. CHROMEBOOKS WILL BE HELD FOR NO MORE THAN TWO (2) DAYS. CHROMEBOOKS MUST BE PICKED UP AND DROPPED OFF AT THE KENAI COMMUNITY LIBRARY ONLY. CHROMEBOOKS SHOULD NEVER BE LEFT UNATTENDED. OVERDUE CHROMEBOOKS WILL BE REMOTELY DISABLED AT THREE (3) DAYS OVERDUE AND REPLACEMENT COSTS WILL BE ASSESSED AT SEVEN (7) DAYS OVERDUE. PATRON RESPONSIBILITIES PATRONS MUST ABIDE BY THE INTERNET SAFETY POLICY AND ALL OTHER APPLICABLE POLICIES. COPIES OF THESE POLICIES ARE AVAILABLE ON THE LIBRARY'S WEBSITE OR UPON REQUEST AT THE SERVICE DESK. PATRONS ARE RESPONSIBLE FOR ANY VIOLATION OF THIS AND ALL OTHER APPLICABLE LIBRARY POLICIES. A. PATRONS MAY NOT TAMPER WITH, ALTER OR DELETE ANY SETTINGS OR CONFIGURATIONS, OR INSTALL SOFTWARE ON THE DEVICE. B. PATRONS WILL NOT ENGAGE IN ANY ILLEGAL ACTIVITY USING AN ELECTRONIC DEVICE. C. PATRONS MAY BORROW NO MORE THAN ONE DEVICE AT THE SAME TIME. D. ALL DEVICES MUST BE RETURNED TO A LIBRARY STAFF MEMBER AND WILL BE CHECKED FOR DAMAGE BEFORE CHECK -IN. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3544-2026 Page 7 of 11 E. DOCUMENTS SHOULD BE SAVED TO A USB DRIVE OR CLOUD STORAGE. THE LIBRARY DOES NOT PROVIDE THESE DEVICES. ALL USER FILES WILL BE DELETED WHEN THE DEVICE IS TURNED OFF. F. THE KENAI COMMUNITY LIBRARY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO LIBRARY USER'S DATA OR MEDIA DUE TO VIRUSES, HARDWARE, SOFTWARE, ELECTRICAL SURGE OR FAILURE, BATTERY FAILURE OR ANY OTHER CAUSE WHILE THE LIBRARY USER IS USING LIBRARY ELECTRONIC DEVICES. G. THE USER AGREES TO ASSUME ANY AND ALL LIABILITY FOR THE COST OF REPAIR OR REPLACEMENT IN THE EVENT OF LOSS DUE TO THEFT, DAMAGE WHETHER INTENTIONAL OR UNINTENTIONAL, NEGLIGENCE OR MISUSE. A REPAIR FEE WILL BE LEVIED FOR DAMAGED DEVICES AND/OR ACCESSORIES BASED ON THE COST OF THE REPAIRS. ANY EQUIPMENT MALFUNCTIONS OR LOSS SHOULD BE REPORTED IMMEDIATELY TO LIBRARY STAFF. FEES FOR THE ELECTRONIC DEVICE AND/OR ACCESSORIES WILL BE CHARGED BASED ON REPLACEMENT COST. KENAI COMMUNITY LIBRARY INTERNET SAFETY POLICY MISSION THE MISSION OF THE KENAI COMMUNITY LIBRARY IS TO PROVIDE A COMFORTABLE AND FRIENDLY ENVIRONMENT IN WHICH THE PUBLIC MAY: • HAVE A REASONABLE EXPECTATION THAT THEY WILL LEAVE THE BUILDING WITH WHAT THEY CAME FOR; • RELAX AND READ CURRENT MATERIALS; • RECEIVE KNOWLEDGEABLE ASSISTANCE AND ANSWERS TO QUESTIONS; • PURSUE OPPORTUNITIES FOR LIFELONG LEARNING; • FIND PROFESSIONALLY SELECTED MATERIALS IN ALL FORMATS FOR PERSONAL ENJOYMENT; • ENJOY PROGRAMS OR PERFORMANCES; • HAVE ACCESS TO TECHNOLOGICAL RESOURCES. IN SUPPORT OF THIS MISSION, THE LIBRARY PROVIDES INDIVIDUALIZED ASSISTANCE, COMMUNITY OUTREACH, PROFESSIONAL EXPERTISE AND CURRENT TECHNOLOGIES FOR EQUAL ACCESS TO FACILITIES, QUALITY SERVICES AND MATERIALS IN A VARIETY OF FORMATS. THE LIBRARY SUPPORTS THE LIBRARY BILL OF RIGHTS OF THE AMERICAN LIBRARY ASSOCIATION FREEDOM TO READ STATEMENT. THE LIBRARY'S MANDATE IS TO PROVIDE THE PUBLIC ACCESS TO INFORMATION ON ALL SIDES OF AN ISSUE. CURRENT INTERNET POLICIES • INTERNET ACCESS SHALL BE MADE REASONABLE, FAIR, AND EQUITABLE TO ALL USERS WITH THE UNDERSTANDING THAT IT IS THE INDIVIDUAL USER'S RESPONSIBILITY TO DEMONSTRATE JUDGMENT, RESPECT FOR OTHERS, AND APPROPRIATE CONDUCT WHILE USING PUBLIC LIBRARY RESOURCES AND FACILITIES. USE OF THE INTERNET CONSTITUTES AGREEMENT TO COMPLY WITH THIS POLICY. • INTERNET COMMUNICATIONS SHALL BE CONSIDERED PRIVATE AND CONFIDENTIALITY WILL BE ENCOURAGED WITHIN THE LIMITS OF A PUBLIC ENVIRONMENT, THE TECHNOLOGY OF THE EQUIPMENT, AND THE REQUIREMENTS OF LAW. • VIOLATIONS OF LIBRARY GUIDELINES AND ENGAGING IN CERTAIN PROHIBITED PRACTICES IN INTERNET USE MAY LEAD TO THE SUSPENSION OR REVOCATION OF INTERNET ACCESS THROUGH THE LIBRARY. GUIDELINES FOR RESPONSIBLE USE IT IS EXPECTED THAT THE USER OF THE INTERNET: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3544-2026 Page 8 of 11 • SHALL MAKE ONLY AUTHORIZED ACCESS TO SYSTEMS, NETWARE, SOFTWARE AND DATABASES FOR EDUCATIONAL, INFORMATIONAL AND RECREATIONAL PURPOSES ONLY; • SHALL AVOID THE SENDING, RECEIVING, AND DISPLAYING OF TEXT OR GRAPHICS THAT MAY BE REASONABLY CONSTRUED AS SEXUALLY EXPLICIT OR OFFENSIVE. A WRITTEN DEFINITION OF WHAT CONSTITUTES "SEXUALLY EXPLICIT" MATERIAL IS AVAILABLE AT THE FRONT DESK; • SHALL OBEY THE LAW AND REGULATIONS IN THEIR APPLICATION TO COPYRIGHT, LICENSED SOFTWARE AND DATA; • SHALL BE AWARE THAT VIOLATIONS OF THESE GUIDELINES FOR RESPONSIBLE USE MY LEAD TO THE SUSPENSION OR REVOCATION OF YOUR INTERNET ACCESS WITHIN THE LIBRARY. UNACCEPTABLE USES OF COMPUTERS AND RULES OF CONDUCT AMONG THE USES THAT ARE CONSIDERED UNACCEPTABLE AND WHICH CONSTITUTE A VIOLATION OF THIS POLICY ARE THE FOLLOWING: • USES THAT VIOLATE THE LAW OR ENCOURAGE OTHERS TO VIOLATE THE LAW. DOWNLOADING AND VIEWING VISUAL DEPICTIONS THAT ARE (1) OBSCENE, (2) CHILD PORNOGRAPHY, OR (3) HARMFUL TO MINORS; • USES THAT VIOLATE COPYRIGHT LAWS AND LICENSING AGREEMENTS, SUCH AS DOWNLOADING MATERIALS THAT ENCOURAGE OTHERS TO VIOLATE THE LAW; DOWNLOADING OR TRANSMITTING CONFIDENTIAL, TRADE SECRET INFORMATION, OR COPYRIGHTED MATERIALS; • USES THAT CAUSE HARM TO OTHERS OR DAMAGE TO THEIR PROPERTY. ENGAGING IN DEFAMATION, UPLOADING ANY HARMFUL FORM OF PROGRAMMING, VANDALISM; OR "HACKING"; • USES THAT JEOPARDIZE THE SECURITY OF ACCESS OF THE COMPUTER NETWORK OR OTHER NETWORKS ON THE INTERNET, ALTERING THE LIBRARY'S COMPUTER SETTINGS; DAMAGING OR MODIFYING COMPUTER EQUIPMENT OR SOFTWARE; • USES THAT COMPROMISE THE SAFETY AND SECURITY OF MINORS WHEN USING E-MAIL, CHAT ROOMS AND OTHER FORMS OF DIRECT ELECTRONIC COMMUNICATIONS: GIVING OTHERS PRIVATE INFORMATION ABOUT ONE'S SELF OR OTHERS. MINOR IS DEFINED AS UNDER AGE EIGHTEEN (18); • USES THAT VIOLATE CONFIDENTIALITY OF INFORMATION: PERSONALLY IDENTIFIABLE INFORMATION ABOUT USERS MAY NOT BE DISCLOSED OR USED IN ANY WAY, EXCEPT TO LAW ENFORCEMENT AUTHORITIES AS PROVIDED IN THE LAW. STATEMENT OF RESPONSIBILITY THE INTERNET WITH ITS HIGHLY DIVERSE AND OFTEN CONTROVERSIAL CONTENT IS AN UNREGULATED RESOURCE AND CAN BE USED ONLY AT YOUR OWN RISK. BEYOND ITS HOME PAGES, KENAI COMMUNITY LIBRARY CANNOT CONTROL THE INFORMATION FOUND ON THE INTERNET AND IS NOT RESPONSIBLE FOR ITS ACCURACY, CORRECTNESS OR ITS SUITABILITY. LIBRARY MAY SUGGEST SPECIFIC INTERNET SITES THAT HAVE POTENTIAL INTEREST FOR LIBRARY USERS, BUT THE LIBRARY CANNOT CONTROL A USER'S ACCESS TO OTHER INTERNET RESOURCES. THE KENAI COMMUNITY LIBRARY HAS INSTALLED LIMITED FILTERS FOR INTERNET ACCESS. NO FILTERING SYSTEM IS COMPLETELY EFFECTIVE OR EFFICIENT. THIS IS ESPECIALLY TRUE IN FILTERING OF IMAGES AND VIDEO. FILTERS ON INTERNET TERMINALS MIGHT RESTRICT ACCESS TO SITES THAT COULD BE DEEMED OBJECTIONABLE, BUT WOULD ALSO LIMIT ACCESS TO SITES THAT HAVE LEGITIMATE RESEARCH VALUE. *A SPECIAL NOTE TO PARENTS New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3544-2026 Page 9 of 11 THE INTERNET'S "USER FRIENDLINESS" AND INTRINSIC FLEXIBILITY TO ACCESS A WIDE RANGE OF WELL KNOWN AND MANY LESSER KNOWN INFORMATION RESOURCES DEMANDS DILIGENT AND THOUGHTFUL PARENTAL SUPERVISION. IT SHOULD BE UNDERSTOOD THAT THE KENAI COMMUNITY LIBRARY CANNOT ACT AS A CENSOR OR AS A SUBSTITUTE PARENT. IT IS THE RESPONSIBILITY OF THE PARENT TO PROVIDE THE OVERSIGHT TO ENSURE THEIR CHILDREN'S USE OF THE INTERNET IN AN APPROPRIATE AND SAFE MANNER. AS WITH ALL LIBRARY RESOURCES, THE LIBRARY AFFIRMS THE RIGHT AND RESPONSIBILITY OF PARENTS/GUARDIANS, NOT LIBRARY STAFF, TO DETERMINE AND MONITOR THEIR MINOR CHILDREN's USE OF THE INTERNET. (MINORS ARE DEFINED IN THIS POLICY AS CHILDREN AND YOUNG PEOPLE UNDER THE AGE OF EIGHTEEN (18) YEARS.) PARENTS WHO BELIEVE THAT THEIR CHILDREN CANNOT RESPONSIBLY USE THE LIBRARY'S INTERNET ACCESS ARE REQUESTED TO MONITOR THEIR CHILDREN's INTERNET USE. INTERNET OFFERINGS AND LIMITATIONS • LIBRARY ACCESS TO THE INTERNET IS AVAILABLE AT WORK STATIONS THAT USE SOFTWARE DESIGNED TO BROWSE THE WORLD WIDE WEB (WWW). DIAL IN ACCESS IS NOT AVAILABLE THROUGH THE LIBRARY. • YOU MAY NOT USE YOUR OWN SOFTWARE PROGRAMS ON THE LIBRARY COMPUTERS, NOR INSTALL ANY PROGRAMS OR DRIVERS ON THE LIBRARY COMPUTERS. THIS WILL HELP PREVENT COMPUTER VIRUSES THAT ARE COMMON ON PUBLIC COMPUTERS. • MISUSE OF THE COMPUTER OR INTERNET ACCESS WILL RESULT IN LOSS OF YOUR COMPUTER PRIVILEGES. • BECAUSE OF LIBRARY SCHEDULING, INTERNET-TRAINED STAFF MAY NOT ALWAYS BE AVAILABLE. RESPONSE TO VIOLATIONS INTERNET COMPUTERS MAY NOT BE USED BY ANYONE, INCLUDING MINORS, FOR ILLEGAL ACTIVITY, TO ACCESS ILLEGAL MATERIALS, OR TO ACCESS MATERIALS THAT BY LOCAL COMMUNITY STANDARDS WOULD BE OBSCENE. LIBRARY EMPLOYEES ARE AUTHORIZED TO TAKE PROMPT AND APPROPRIATE ACTIONS TO PROHIBIT USE BY PERSONS WHO FAIL TO COMPLY WITH THE INTERNET SAFETY POLICY AS STATED OR IMPLIED HEREIN. RESPONSIBILITIES OF LIBRARY STAFF AND USERS LIBRARY STAFF WILL NOT MONITOR A USER'S INTERNET USE, EXCEPT FOR LENGTH OF USE IN ORDER TO ENSURE EQUAL OPPORTUNITY OF ACCESS FOR EVERYONE. THE USER, OR THE PARENT OF A MINOR, IS RESPONSIBLE FOR HIS OR HER INTERNET SESSION AT ALL TIMES. THE LIBRARY RESERVES THE RIGHT TO TERMINATE AN INTERNET SESSION THAT DISRUPTS LIBRARY SERVICES OR THAT INVOLVES USER BEHAVIOR THAT VIOLATES THE LIBRARY'S POLICIES. DISCLAIMERS WHILE THE LIBRARY ENDEAVORS TO PROVIDE ACCESS TO INFORMATION OF THE HIGHEST QUALITY, THE LIBRARY SPECIFICALLY DISCLAIMS ANY WARRANT AS TO THE INFORMATION'S ACCURACY, TIMELINESS, AUTHORITATIVENESS, USEFULNESS OR FITNESS FOR A PARTICULAR PURPOSE. THE LIBRARY WILL HAVE NO LIABILITY FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THE USE OF INFORMATION ACCESSED THROUGH THE LIBRARY'S INTERNET SERVICE. SINCE SOFTWARE AND INFORMATION DOWNLOADED FROM ANY SOURCES, INCLUDING THE INTERNET, MAY CONTAIN COMPUTER VIRUSES, USERS ARE ADVISED TO UTILIZE VIRUS CHECKING SOFTWARE ON THEIR HOME COMPUTERS. THE LIBRARY IS NOT RESPONSIBLE FOR DAMAGE TO USERS' DISKS OR COMPUTERS OR FOR ANY LOSS OF DATA, DAMAGE OR LIABILITY THAT MAY OCCUR FROM USE OF THE LIBRARY'S COMPUTERS.] New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3544-2026 Page 10 of 11 Section 3. Amendment the City of Kenai Schedule of Rates, Charges and Fees: That the City of Kenai Schedule or Rates, Charges and Fees for Library Fees is hereby amended as follows: Library Fees [APX - LIBRARY REGULATIONS AND POLICIES] 1. Default fees for lost, stolen or damaged materials when no retail value is available. a. Adult book (hardcover) $33.00 b. Adult large print $40.00 c. Adult audiobook $50.00 d. Youth board book $10.00 e. Youth book (hardcover) or picture book $25.00 f. Youth audiobook $25.00 g. Adult/youth trade paperbacks $15.00 h. Adult/youth mass market paperbacks $10.00 i. Magazines $5.00 j. Video/DVD/music CD $30.00 k. DVD set $50.00 I. Interlibrary loan item (fee or actual cost charged by lender) $30.00 m. Juvenile kits/Adult kits/Playaway launchpads $150.00 n. Microfilm reel or microfiche $35.00 o. Chromebook kit $370.00 p. Laptop $800.00 2. Proctoring per test $25.00 3. Replacement Costs Costs a. processing fee for all lost/damaged items $5.00 b. processing labels (e.g., spine labels, barcodes, etc. $1.00 c. RFID Tag $1.00 d. replacement library card $1.00 e. book covers $2.00 f. Tonie, Yoto, music CD or single disc DVD case $2.00 g. multidisc DVD or audiobook case $5.00 h. power cord Chromebook/Laptop $20.00 i. power cord Launchpads, Tonies, etc. $10.00 4. Damages a. defaced or torn pages per page $2.00 5. Photocopying and Printing a. Black & white prints or copies (per single -sided page) $0.25 b. Color - photocopies only (per single -sided page) $0.50 Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3544-2026 Page 11 of 11 Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 16T" DAY OF SEPTEMBER, 2026. ATTEST: Michelle M. Saner, MMC, City Clerk Henry H. Knackstedt, Mayor Introduced: September 9, 2026 Enacted: September 16, 2026 Effective: October 16, 2026 New Text Underlined; [DELETED TEXT BRACKETED] L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe, Library Director DATE: August 26, 2026 SUBJECT: Ordinance 3544-2026 - Amending Kenai Municipal Code Chapter 1.56 Kenai Municipal Library Department, Removing the Library Regulations from the Appendices of Kenai Municipal Code, and Amending the City of Kenai Schedule of Rates, Changes, and Fees for Housekeeping Purposes and to Align the Library with Other City Departments. The purpose of this ordinance is to amend and update provisions of the Kenai Municipal Code (KMC) related to the Kenai Municipal Library Department. The proposed changes fall under three general categories, outlined below: ❖ Amending Chapter 1.56 — Kenai Municipal Library Department ➢ Amends Section 1.56.020 Authority for Adoption of Rules, Regulations, and Fines by renaming the section to Powers and Duties, which now defines the powers and duties of the department consistent with practices in other City departments. ➢ Removes Section 1.56.025 Library Cards. Library card eligibility, borrower responsibilities, and fines and fees related to circulation would be governed by administrative policies and procedures. ➢ Removes Section 1.56.030 Sleeping and Resting Prohibited. Patron behavior would be governed by administrative policies and procedures.. The existing provision singles out a specific behavior (sleeping), which is more appropriately addressed within the broader conduct standards and applied in accordance with current practice. ➢ Removes Sections 1.56.040 Refusing to Return Loaned Material and 1.56.045 Lending Policy where Loaned Material Not Returned. Borrower responsibilities, as well as fines and fees related to would be governed by administrative policies and procedures. ➢ Removes Section 1.56.050 Penalty. Violations would be governed by administrative policies and procedures and are approved by Council in the City's Schedule of Rates, Charges and Fees ❖ Removing Appendices - Library Regulations and Policies ➢ Removes Appendices - Library Regulations and Policies in its entirety. ➢ All sections will be addressed in Kenai Community Library policies and procedures ❖ Amending the City of Kenai Schedule of Rates, Changes and Fees — Library Fees ➢ Removes a reference to APX-Library Regulations and Policy As part of this update, Library regulations and policies currently set forth in KMC and requiring Council action through code amendments are removed from KMC and established as standalone policies subject to administrative review and approval. This will enable city staff to efficiently manage public -facing Library policies and procedures in response to changing operational needs and consistent with practices in other Kenai City departments. Policies will remain publicly available at the Library and online, ensuring continued access to current policy information. The policy documents replacing those currently in KMC are attached to this Ordinance. They have undergone administrative review and approval by the Library Director, City Manager, and City Attorney and are provided for informational purposes only. The following provides an analysis of the changes within the Ordinance. Comments shown in red provide additional context and detail regarding those changes. Section 1. Amendment of Chapter 1.56 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 1.56 — Kenai Municipal Library Department is hereby amended as follows: Chapter 1.56 KENAI MUNICIPAL LIBRARY DEPARTMENT Sections: 1.56.010 Creation. 1.56.020 [AUTHORITY FOR ADOPTION OF RULES, REGULATIONS, AND FINES] Powers and Duties. [1.56.025 LIBRARY CARDS. 1.56.030 SLEEPING AND RESTING PROHIBITED. 1.56.040 REFUSING TO RETURN LOANED MATERIAL. 1.56.045 LENDING POLICY WHERE LOANED MATERIAL NOT RETURNED. 1.56.050 PENALTY.] 1.56.010 Creation. There shall be a Municipal Library Department, the head of which shall be the Library Director, appointed by the City Manager for an indefinite term. The Library Director shall be an officer of the City and have supervision and control of the Kenai Community Library. 1.56.020 [Authority for Adoption of Rules, Regulations, and Fines] Powers and ni,tip-- [THE LIBRARY DIRECTOR SHALL ESTABLISH RULES AND REGULATIONS FOR CONDUCT ON THE PROPERTY OF, AND USE OF, THE KENAI COMMUNITY LIBRARY AND LIBRARY MATERIALS AND A FINE OR PENALTY CHARGE SCHEDULE FOR OVERDUE, DAMAGED, OR FAILURE TO RETURN LOANED LIBRARY PROPERTY, WHICH RULES AND REGULATIONS SHALL BE EFFECTIVE AFTER APPROVAL BY CITY COUNCIL AND AFTER BEING POSTED IN A LOCATION WITHIN THE LIBRARY READILY VISIBLE BY LIBRARY PATRONS.] The Library Director is responsible for the overall administration and operation of the municipal library and its services. Under the direction of the Library Director. the deDartment oversees library Page 2 of 13 /� The City of Kenai I www.6nai.cify facilities, resources, and programs; manages personnel and budgets; and ensures the provision of accessible and responsive library services to the community. The department may establish policies and procedures necessary for effective library operations, maintain library property and collections, and carry out any additional responsibilities assigned bV the City Manager or required bV municipal ordinance. Defines the powers and duties of the department consistent with practices in other City departments. [1.56.025 Library Cards. NO MATERIALS WILL BE LOANED FROM THE LIBRARY EXCEPT TO PARTIES HAVING A VALID LIBRARY IDENTIFICATION CARD WHICH IS NOT SUBJECT TO ANY UNPAID FINES OR PENALTIES IN EXCESS OF TEN DOLLARS ($10.00). SUCH LIBRARY IDENTIFICATION CARD WILL BE ISSUED TO ANY RESIDENT OF THE AREA MAKING APPLICATION THEREFOR AND UPON A FORM PREPARED BY THE LIBRARIAN AND CONTAINING AN AGREEMENT TO BE RESPONSIBLE FOR ALL MATERIALS BORROWED THEREON AND TO PAY ANY FINES, CHARGES, OR PENALTIES IMPOSED BY MISUSE OF LIBRARY PROPERTY. HOWEVER, NO SUCH CARD WILL BE ISSUED TO A MINOR (UNDER THE AGE OF EIGHTEEN (18)) UNLESS THE APPLICATION FOR SAID CARD IS ALSO SIGNED BY A PARENT OF SUCH CHILD OR ONE STANDING IN PLACE OF THE PARENT WHO IS WILLING TO ASSUME RESPONSIBILITY FOR THE CHILD AND FOR ANY MISUSE OF LIBRARY PRIVILEGES. This section is repealed as library card eligibility, patron responsibilities, and the issuance of minor cards are addressed in the Library Circulation Policy. 1.56.030 Sleeping and Resting Prohibited. NO ONE SHALL SLEEP WITHIN THE LIBRARY OR OUTSIDE THE LIBRARY UPON LIBRARY PROPERTY AT ANY TIME NOR SHALL ANYONE LIE IN A RECLINED POSITION WITHIN OR OUTSIDE THE LIBRARY OR LIBRARY GROUNDS. TO LIE IN A RECLINED POSITION MEANS TO POSITION ONE'S BODY PARALLEL TO THE FLOOR OR GROUND WHETHER ONE IS ON THE FLOOR, GROUND, A TABLE, BENCH, CHAIRS, COUCH, COUNTER, SHELVES, CARD CASES, OR ANY OTHER ITEM OF FURNITURE. This section is repealed as behavior expectations are addressed in the broader Library Code of Conduct Policy, providing a consistent framework for staff to support a welcoming library environment. 1.56.040 Refusing to Return Loaned Material. NO PERSON, FIRM, OR CORPORATION SHALL KNOWINGLY REFUSE TO RETURN ANY READING MATERIAL, INCLUDING BOOKS, PERIODICALS, NEWSPAPERS, MAPS, ATLASES, OR ANY NON -READING MATERIAL INCLUDING CASSETTES, RECORD PLAYERS, SCREENS, AND PROJECTORS LOANED TO SAID PERSON, FIRM, OR CORPORATION WITHIN THIRTY (30) DAYS AFTER SAID READING OR NON -READING MATERIAL BECOMES OVERDUE. This section is repealed. The Library Circulation Policy provides the framework for the management of overdue items. 1.56.045 Lending Policy Where Loaned Material Not Returned. LENDING PRIVILEGES FOR ANY LIBRARY MATERIALS WILL BE SUSPENDED ON ANY LIBRARY CARD ON WHICH MATERIALS HAVE BEEN LOANED AND HAVE NOT BEEN RETURNED WHEN DUE OR ON WHICH ANY Page 3 of 13 ;C_� The City of Kenai I www.6nai.cify FINES, CHARGES, OR PENALTIES IN EXCESS OF TEN DOLLARS ($10.00) HAVE BEEN ASSESSED WHICH ARE IN ARREARS. This section is repealed. The Library Circulation Policy provides the framework for the management of overdue items and lost items. 1.56.050 Penalty. IN ADDITION TO ANY FINE LEVIED OR OTHER PENALTY IMPOSED PURSUANT TO THIS CHAPTER OR REGULATIONS IMPOSED THEREUNDER, ANY PERSON, FIRM, OR CORPORATION WHO SHALL VIOLATE ANY PROVISION OF THIS CHAPTER INCLUDING ANY RULES AND REGULATIONS AS HEREIN SET FORTH, OR FAIL TO COMPLY THEREWITH UPON CONVICTION THEREOF SHALL BE PUNISHED BY A FINE AS PROVIDED FOR VIOLATIONS IN KMC 13.05.010.] This section is repealed and managed through the Library Code of Conduct and Circulation policies. Section 2. Repeal of Library Regulations and Policies Appendix of Kenai Municipal Code: That Kenai Municipal Code Appendices — Library Regulations and Policies is hereby repealed in its entirety as follows: [LIBRARY REGULATIONS 1. BORROWERS' CARDS A. ALL TRANSACTIONS WILL REQUIRE THE PRESENCE OF A VALID LIBRARY IDENTIFICATION CARD WHICH WILL BE ISSUED TO A RESIDENT FILING AN APPLICATION, AND ACCEPTING RESPONSIBILITY FOR THE USAGE THEREOF. NO CARD WILL BE ISSUED TO A MINOR UNDER EIGHTEEN (18) YEARS OF AGE UNLESS THE APPLICATION, AND ACCEPTANCE OF RESPONSIBILITY, IS SIGNED BY THE MINOR AND ALSO BY A PARENT OR LEGAL GUARDIAN. THE RESPONSIBLE ADULT MUST BE A CURRENT CARDHOLDER AND BE WILLING TO ASSUME THE RESPONSIBILITY FOR THE MINOR FOR MISUSE OR ABUSE OF THE PRIVILEGES OF LIBRARY USAGE. B. WHERE PRIVILEGES HAVE BEEN SUSPENDED ON A CARD OF A MINOR, PRIVILEGES ON A CARD OF A PARENT OR LEGAL GUARDIAN WITH LEGAL CUSTODY OF THE MINOR MAY BE SUSPENDED BY GIVING PRIOR WRITTEN NOTICE OF SUSPENSION TO SUCH PARENT OR A LEGAL GUARDIAN AT THE ADDRESS ON THE LIBRARY RECORD, AND WILL REMAIN IN EFFECT UNTIL THE OVERDUE MATERIALS HAVE BEEN RETURNED, AND/OR THE LATE FEES, CHARGES, OR PENALTIES ON THE SUSPENDED CARD HAVE BEEN PAID IN FULL. 2. LATE FEES ALL FEES FOR THE LATE RETURN OF LIBRARY MATERIALS SHALL BE AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. 3. SERVICE AND REPLACEMENT CHARGES THE REPLACEMENT COST OF BOOKS OR OTHER MATERIALS THAT ARE LOST OR DAMAGED BEYOND REPAIR SHALL BE AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. ALL REPLACEMENT FEES FOR ANY ITEM, INCLUDING BUT NOT LIMITED TO A LIBRARY IDENTIFIER/BARCODE, LOST LIBRARY CARDS, RECORD SLEEVES, HANG-UP BAGS, AND AV OR CASSETTE Page 4 of 13 ((' The City of Kenai I www.6nai.cify CONTAINERS, SHALL BE AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL 4. DAMAGES ALL FEES FOR DAMAGED, TORN, OR DEFACED PAGES OR COVERS, INCLUDING ANY PAGES OR COVERS THAT HAVE BEEN MENDED WITH SCOTCH TAPE OR LIKE MATERIAL OR PAGES OR COVERS THAT CONTAIN SCRIBBLING OR WRITING SHALL BE AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. 5. RENEWALS BOOKS AND/OR OTHER LIBRARY MATERIALS MAY BE RENEWED IN PERSON, ON-LINE OR BY TELEPHONE ONCE IF NOT RESERVED. Library Regulations 1 through 5 are repealed. Library card eligibility, fees and fines, as well as renewals are addressed in the Library Circulation Policy. 6. USE OF LIBRARY CONFERENCE ROOM USE OF THE LIBRARY CONFERENCE ROOM IS LIMITED TO GENERAL GOVERNMENT AND LIBRARY RELATED EVENTS OR MEETINGS. The Library Regulation limiting or restricting use of the Library Conference Room is repealed. The new Library Room Use Policy expands public access to the Library Conference Room and governs the use of all reservable spaces, subject to availability and the requirements of the policy. 7. EXHIBITS ONLY GOVERNMENTAL OR LIBRARY RELATED EXHIBITS MAY BE DISPLAYED AT THE LIBRARY. The Library Regulation regarding exhibits is repealed. The new Displays, Exhibits, and Bulletin Board Policy provides a framework for staff-curated exhibits that may include community information in line with the library's mission, policies, and available space. KENAI COMMUNITY LIBRARY POLICIES MISSION THE MISSION OF THE KENAI COMMUNITY LIBRARY IS TO PROVIDE A COMFORTABLE AND FRIENDLY ENVIRONMENT IN WHICH THE PUBLIC MAY: A. HAVE A REASONABLE EXPECTATION THAT THEY WILL LEAVE THE BUILDING WITH WHAT THEY CAME FOR; B. RELAX AND READ CURRENT MATERIALS; C. RECEIVE KNOWLEDGEABLE ASSISTANCE AND ANSWERS TO QUESTIONS; D. PURSUE OPPORTUNITIES FOR LIFELONG LEARNING; E. FIND PROFESSIONALLY SELECTED MATERIALS IN ALL FORMATS FOR PERSONAL ENJOYMENT; F. ENJOY PROGRAMS OR PERFORMANCES; Page 5 of 13 �� The City of Kenai I www.6nai.cify G. HAVE ACCESS TO TECHNOLOGICAL RESOURCES. IN SUPPORT OF THIS MISSION, THE LIBRARY PROVIDES INDIVIDUALIZED ASSISTANCE, COMMUNITY OUTREACH, PROFESSIONAL EXPERTISE, AND CURRENT TECHNOLOGIES FOR EQUAL ACCESS TO FACILITIES, QUALITY SERVICES, AND MATERIALS IN A VARIETY OF FORMATS. THE KENAI COMMUNITY LIBRARY WILL ENDEAVOR TO: A. PROVIDE SERVICE TO EVERY RESIDENT IN THE COMMUNITY; B. PROVIDE NON-RESIDENTS THE SAME SERVICES: C. HAVE THE LIBRARY OPEN SEVEN (7) DAYS A WEEK FOR AT LEAST A TOTAL OF FIFTY-NINE (59) HOURS. THE LIBRARY SUPPORTS THE LIBRARY BILL OF RIGHTS OF THE AMERICAN LIBRARY ASSOCIATION FREEDOM TO READ STATEMENT. THE LIBRARY'S MANDATE IS TO PROVIDE THE PUBLIC ACCESS TO INFORMATION ON ALL SIDES OF AN ISSUE. MATERIALS BOOKS AND OTHER LIBRARY MATERIALS WILL BE ADDED TO THE PRESENT COLLECTION TO PROVIDE INFORMATION, ENTERTAINMENT, INTELLECTUAL DEVELOPMENT AND ENRICHMENT TO ALL THE PEOPLE OF THE COMMUNITY. PERSONNEL SALARY SCHEDULE, HOLIDAYS, VACATION AND SICK LEAVE SHALL CONFORM TO THOSE RULES OUTLINED IN THE PERSONNEL REGULATIONS OF THE CITY OF KENAI. BUDGET, OPERATIONAL THE BUDGET SHALL BE PRESENTED TO THE CITY BY THE LIBRARY STAFF. BUDGET, CAPITAL IMPROVEMENTS THE INITIATION OF A BUDGET FOR CAPITAL IMPROVEMENTS SHALL BE DONE BY THE LIBRARY COMMISSION AND THE LIBRARY STAFF. BOOK SELECTION THE LIBRARY COMMISSION, RECOGNIZING THE PLURALISTIC NATURE OF THIS COMMUNITY AND THE VARIED BACKGROUNDS AND THE NEEDS OF THE CITIZENS, DECLARES AS A MATTER OF BOOK SELECTION POLICY THAT: A. BOOKS AND/OR OTHER LIBRARY MATERIAL SELECTION ARE AND SHALL BE VESTED IN THE LIBRARIAN. ANY BOOK AND/OR LIBRARY MATERIAL SO SELECTED SHALL BE HELD TO BE SELECTED BY THE COMMISSION. B. SELECTION OF BOOKS AND/OR OTHER LIBRARY MATERIAL SHALL BE MADE ON THE BASIS OF THEIR VALUE OF INTEREST, INFORMATION, AND ENLIGHTENMENT OF ALL THE PEOPLE OF THE COMMUNITY. NO BOOK AND/OR LIBRARY MATERIAL SHALL BE EXCLUDED BECAUSE OF THE RACE, NATIONALITY OR THE POLITICAL OR SOCIAL VIEWS OF THE AUTHOR. Page 6 of 13 cljj The City of Kenai I www.kenai.city C. THIS COMMISSION BELIEVES THAT CENSORSHIP IS A PURELY INDIVIDUAL MATTER AND DECLARES THAT WHILE ANYONE IS FREE TO REJECT FOR HIMSELF BOOKS OF WHICH HE DOES NOT APPROVE, HE CANNOT EXERCISE THIS RIGHT OF CENSORSHIP TO RESTRICT THE FREEDOM TO READ TO OTHERS. D. THIS COMMISSION DEFENDS THE PRINCIPLES OF THE FREEDOM TO READ AND DECLARES THAT WHENEVER CENSORSHIP IS INVOLVED NO BOOK AND/OR LIBRARY MATERIAL SHALL BE REMOVED FROM THE LIBRARY SAVE UNDER THE ORDERS OF A COURT OR COMPETENT JURISDICTION. E. THIS COMMISSION ADOPTS AND DECLARES THAT IT WILL ADHERE TO AND SUPPORT: 1. THE LIBRARY BILL OF RIGHTS, AND 2. THE FREEDOM TO READ STATEMENT ADOPTED BY THE AMERICAN LIBRARY ASSOCIATION, BOTH OF WHICH ARE MADE A PART HEREOF. GIFTS WILL BE ACCEPTED WITH PROVISIONS AS TO ADDITION TO THE COLLECTION UPON EXAMINATION OF MATERIALS. NON -USABLE GIFTS WILL BE GIVEN THE DISPOSITION THAT IS OF MOST VALUE TO THE LIBRARY. PUBLIC RELATIONS COOPERATION WILL BE GIVEN TO OTHER LIBRARIES TO ADVANCE THE USAGE OF ALL LIBRARIES AND TO PROVIDE ADDITIONAL SERVICES TO THE READERS OF OUR COMMUNITY, AND TO PUBLICIZE THE VALUE OF LIBRARY SERVICES TO ALL. UNATTENDED CHILDREN THE LIBRARY OFFERS MANY PROGRAMS AND SERVICES THAT ENCOURAGE CHILDREN TO DEVELOP A LOVE OF BOOKS, READING AND LEARNING. HOWEVER: • BECAUSE THE LIBRARY IS A PLACE WHERE CHILDREN GATHER, IT MAY ATTRACT PEOPLE WHOSE INTEREST IN CHILDREN IS NOT ENTIRELY WHOLESOME. • THE SAFETY AND WELL-BEING OF CHILDREN AT THE LIBRARY IS OF SERIOUS CONCERN. • RESPONSIBILITY FOR CHILDREN USING THE LIBRARY RESTS AT ALL TIMES WITH THE PARENT(S) OR ASSIGNED CAREGIVER(S), NOT WITH THE LIBRARY PERSONNEL. • THE LIBRARY STAFF HAS LEEWAY TO INTERVENE IF AWARE OF DISRUPTIVE BEHAVIOR. • THE STAFF CANNOT KNOW IF CHILDREN ARE LEAVING THE BUILDING WITH THEIR PARENTS OR STRANGERS. FOR THE PROTECTION AND WELL-BEING OF CHILDREN WHO ENJOY LIBRARIES, THE FOLLOWING HAS BEEN ESTABLISHED: • CHILDREN UNDER EIGHT (8) YEARS MUST BE CONTINUALLY ATTENDED BY A PARENT OR A CAREGIVER WHILE IN THE LIBRARY. • PARENTS AND CAREGIVERS SHOULD BE FAMILIAR WITH THE LIBRARY'S HOURS OF OPERATION AND SHOULD NOT LEAVE CHILDREN BEFORE OPENING OR AFTER CLOSING. • THE LIBRARY STAFF IS NOT RESPONSIBLE FOR SUPERVISING CHILDREN LEFT ALONE WHEN THE LIBRARY IS CLOSED, BUT WILL MAKE ATTEMPTS TO REACH A PARENT FOR IMMEDIATE PICK-UP. • THE POLICE DEPARTMENT WILL BE NOTIFIED OF ANY CHILD WHO HAS BEEN LEFT TOO LONG OR REPEATEDLY IN THIS UNSAFE SITUATION. Page 7 of 13 ;clj The City of Kenai I www.kenai.city ELECTRONIC DEVICE CHECKOUT POLICY CHECKING OUT A DEVICE A. THE KENAI COMMUNITY LIBRARY OFFERS ELECTRONIC DEVICES FOR CHECKOUT. A PATRON MUST HAVE A VALID KENAI COMMUNITY LIBRARY CARD OR ALASKA LIBRARY CATALOG MEMBER LIBRARY CARD, AND AN ELECTRONIC DEVICE LIABILITY FORM MUST BE ON FILE. A LIBRARY CARD IS CONSIDERED VALID IF THE PATRON'S INFORMATION IS CURRENT AND THE ACCOUNT IS IN GOOD STANDING. B. PATRONS MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO BORROW AN ELECTRONIC DEVICE. PATRONS THIRTEEN (13) TO SEVENTEEN (17) YEARS OF AGE MUST HAVE A PARENT OR LEGAL GUARDIAN SIGN A LIABILITY FORM IN PERSON BEFORE FIRST CHECK-OUT. THE PARENT/LEGAL GUARDIAN ASSUMES RESPONSIBILITY FOR THE ELECTRONIC DEVICE. AVAILABLE DEVICES IN -LIBRARY LAPTOPS ARE AVAILABLE FOR LOAN AT THE SERVICE DESK ON A FIRST -COME, FIRST -SERVED BASIS. HOLDS OR ADVANCE BOOKINGS FOR LAPTOPS ARE NOT AVAILABLE. THE LOAN PERIOD FOR LAPTOPS IS TWO (2) HOURS, WHICH MAY BE EXTENDED SUBJECT TO STAFF APPROVAL. LAPTOPS MUST BE RETURNED AT LEAST FIFTEEN (15) MINUTES PRIOR TO LIBRARY CLOSING. IN -LIBRARY LAPTOPS SHOULD NEVER BE LEFT UNATTENDED. REMOVAL OF AN IN -LIBRARY DEVICE FROM THE LIBRARY BUILDING CONSTITUTES THEFT. CHROMEBOOKS ARE AVAILABLE FOR CHECKOUT FOR 21 DAYS WITH ONE RENEWAL IF NO OTHER HOLDS EXIST. HOLDS ON CHROMEBOOKS CAN BE PLACED BY CALLING THE KENAI COMMUNITY LIBRARY DURING BUSINESS HOURS. CHROMEBOOKS WILL BE HELD FOR NO MORE THAN TWO (2) DAYS. CHROMEBOOKS MUST BE PICKED UP AND DROPPED OFF AT THE KENAI COMMUNITY LIBRARY ONLY. CHROMEBOOKS SHOULD NEVER BE LEFT UNATTENDED. OVERDUE CHROMEBOOKS WILL BE REMOTELY DISABLED AT THREE (3) DAYS OVERDUE AND REPLACEMENT COSTS WILL BE ASSESSED AT SEVEN (7) DAYS OVERDUE. PATRON RESPONSIBILITIES PATRONS MUST ABIDE BY THE INTERNET SAFETY POLICY AND ALL OTHER APPLICABLE POLICIES. COPIES OF THESE POLICIES ARE AVAILABLE ON THE LIBRARY'S WEBSITE OR UPON REQUEST AT THE SERVICE DESK. PATRONS ARE RESPONSIBLE FOR ANY VIOLATION OF THIS AND ALL OTHER APPLICABLE LIBRARY POLICIES. A. PATRONS MAY NOT TAMPER WITH, ALTER OR DELETE ANY SETTINGS OR CONFIGURATIONS, OR INSTALL SOFTWARE ON THE DEVICE. B. PATRONS WILL NOT ENGAGE IN ANY ILLEGAL ACTIVITY USING AN ELECTRONIC DEVICE. C. PATRONS MAY BORROW NO MORE THAN ONE DEVICE AT THE SAME TIME. D. ALL DEVICES MUST BE RETURNED TO A LIBRARY STAFF MEMBER AND WILL BE CHECKED FOR DAMAGE BEFORE CHECK -IN. E. DOCUMENTS SHOULD BE SAVED TO A USB DRIVE OR CLOUD STORAGE. THE LIBRARY DOES NOT PROVIDE THESE DEVICES. ALL USER FILES WILL BE DELETED WHEN THE DEVICE IS TURNED OFF. F. THE KENAI COMMUNITY LIBRARY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO LIBRARY USER'S DATA OR MEDIA DUE TO VIRUSES, HARDWARE, SOFTWARE, ELECTRICAL SURGE OR Page 8 of 13 ;clj The City of Kenai I www.6nai.city FAILURE, BATTERY FAILURE OR ANY OTHER CAUSE WHILE THE LIBRARY USER IS USING LIBRARY ELECTRONIC DEVICES. G. THE USER AGREES TO ASSUME ANY AND ALL LIABILITY FOR THE COST OF REPAIR OR REPLACEMENT IN THE EVENT OF LOSS DUE TO THEFT, DAMAGE WHETHER INTENTIONAL OR UNINTENTIONAL, NEGLIGENCE OR MISUSE. A REPAIR FEE WILL BE LEVIED FOR DAMAGED DEVICES AND/OR ACCESSORIES BASED ON THE COST OF THE REPAIRS. ANY EQUIPMENT MALFUNCTIONS OR LOSS SHOULD BE REPORTED IMMEDIATELY TO LIBRARY STAFF. FEES FOR THE ELECTRONIC DEVICE AND/OR ACCESSORIES WILL BE CHARGED BASED ON REPLACEMENT COST. KENAI COMMUNITY LIBRARY INTERNET SAFETY POLICY MISSION THE MISSION OF THE KENAI COMMUNITY LIBRARY IS TO PROVIDE A COMFORTABLE AND FRIENDLY ENVIRONMENT IN WHICH THE PUBLIC MAY: • HAVE A REASONABLE EXPECTATION THAT THEY WILL LEAVE THE BUILDING WITH WHAT THEY CAME FOR; • RELAX AND READ CURRENT MATERIALS; • RECEIVE KNOWLEDGEABLE ASSISTANCE AND ANSWERS TO QUESTIONS; • PURSUE OPPORTUNITIES FOR LIFELONG LEARNING; • FIND PROFESSIONALLY SELECTED MATERIALS IN ALL FORMATS FOR PERSONAL ENJOYMENT; • ENJOY PROGRAMS OR PERFORMANCES; • HAVE ACCESS TO TECHNOLOGICAL RESOURCES. IN SUPPORT OF THIS MISSION, THE LIBRARY PROVIDES INDIVIDUALIZED ASSISTANCE, COMMUNITY OUTREACH, PROFESSIONAL EXPERTISE AND CURRENT TECHNOLOGIES FOR EQUAL ACCESS TO FACILITIES, QUALITY SERVICES AND MATERIALS IN A VARIETY OF FORMATS. THE LIBRARY SUPPORTS THE LIBRARY BILL OF RIGHTS OF THE AMERICAN LIBRARY ASSOCIATION FREEDOM TO READ STATEMENT. THE LIBRARY'S MANDATE IS TO PROVIDE THE PUBLIC ACCESS TO INFORMATION ON ALL SIDES OF AN ISSUE. CURRENT INTERNET POLICIES • INTERNET ACCESS SHALL BE MADE REASONABLE, FAIR, AND EQUITABLE TO ALL USERS WITH THE UNDERSTANDING THAT IT IS THE INDIVIDUAL USER'S RESPONSIBILITY TO DEMONSTRATE JUDGMENT, RESPECT FOR OTHERS, AND APPROPRIATE CONDUCT WHILE USING PUBLIC LIBRARY RESOURCES AND FACILITIES. USE OF THE INTERNET CONSTITUTES AGREEMENT TO COMPLY WITH THIS POLICY. • INTERNET COMMUNICATIONS SHALL BE CONSIDERED PRIVATE AND CONFIDENTIALITY WILL BE ENCOURAGED WITHIN THE LIMITS OF A PUBLIC ENVIRONMENT, THE TECHNOLOGY OF THE EQUIPMENT, AND THE REQUIREMENTS OF LAW. • VIOLATIONS OF LIBRARY GUIDELINES AND ENGAGING IN CERTAIN PROHIBITED PRACTICES IN INTERNET USE MAY LEAD TO THE SUSPENSION OR REVOCATION OF INTERNET ACCESS THROUGH THE LIBRARY. Page 9 of 13 ') / The City of Kenai I www.6nai.city GUIDELINES FOR RESPONSIBLE USE IT IS EXPECTED THAT THE USER OF THE INTERNET: • SHALL MAKE ONLY AUTHORIZED ACCESS TO SYSTEMS, NETWARE, SOFTWARE AND DATABASES FOR EDUCATIONAL, INFORMATIONAL AND RECREATIONAL PURPOSES ONLY; • SHALL AVOID THE SENDING, RECEIVING, AND DISPLAYING OF TEXT OR GRAPHICS THAT MAY BE REASONABLY CONSTRUED AS SEXUALLY EXPLICIT OR OFFENSIVE. A WRITTEN DEFINITION OF WHAT CONSTITUTES "SEXUALLY EXPLICIT" MATERIAL IS AVAILABLE AT THE FRONT DESK; • SHALL OBEY THE LAW AND REGULATIONS IN THEIR APPLICATION TO COPYRIGHT, LICENSED SOFTWARE AND DATA; • SHALL BE AWARE THAT VIOLATIONS OF THESE GUIDELINES FOR RESPONSIBLE USE MY LEAD TO THE SUSPENSION OR REVOCATION OF YOUR INTERNET ACCESS WITHIN THE LIBRARY. UNACCEPTABLE USES OF COMPUTERS AND RULES OF CONDUCT AMONG THE USES THAT ARE CONSIDERED UNACCEPTABLE AND WHICH CONSTITUTE A VIOLATION OF THIS POLICY ARE THE FOLLOWING: • USES THAT VIOLATE THE LAW OR ENCOURAGE OTHERS TO VIOLATE THE LAW. DOWNLOADING AND VIEWING VISUAL DEPICTIONS THAT ARE (1) OBSCENE, (2) CHILD PORNOGRAPHY, OR (3) HARMFUL TO MINORS; • USES THAT VIOLATE COPYRIGHT LAWS AND LICENSING AGREEMENTS, SUCH AS DOWNLOADING MATERIALS THAT ENCOURAGE OTHERS TO VIOLATE THE LAW; DOWNLOADING OR TRANSMITTING CONFIDENTIAL, TRADE SECRET INFORMATION, OR COPYRIGHTED MATERIALS; • USES THAT CAUSE HARM TO OTHERS OR DAMAGE TO THEIR PROPERTY. ENGAGING IN DEFAMATION, UPLOADING ANY HARMFUL FORM OF PROGRAMMING, VANDALISM; OR "HACKING"; • USES THAT JEOPARDIZE THE SECURITY OF ACCESS OF THE COMPUTER NETWORK OR OTHER NETWORKS ON THE INTERNET, ALTERING THE LIBRARY'S COMPUTER SETTINGS; DAMAGING OR MODIFYING COMPUTER EQUIPMENT OR SOFTWARE; • USES THAT COMPROMISE THE SAFETY AND SECURITY OF MINORS WHEN USING E-MAIL, CHAT ROOMS AND OTHER FORMS OF DIRECT ELECTRONIC COMMUNICATIONS: GIVING OTHERS PRIVATE INFORMATION ABOUT ONE'S SELF OR OTHERS. MINOR IS DEFINED AS UNDER AGE EIGHTEEN (18); • USES THAT VIOLATE CONFIDENTIALITY OF INFORMATION: PERSONALLY IDENTIFIABLE INFORMATION ABOUT USERS MAY NOT BE DISCLOSED OR USED IN ANY WAY, EXCEPT TO LAW ENFORCEMENT AUTHORITIES AS PROVIDED IN THE LAW. STATEMENT OF RESPONSIBILITY THE INTERNET WITH ITS HIGHLY DIVERSE AND OFTEN CONTROVERSIAL CONTENT IS AN UNREGULATED RESOURCE AND CAN BE USED ONLY AT YOUR OWN RISK. BEYOND ITS HOME PAGES, KENAI COMMUNITY LIBRARY CANNOT CONTROL THE INFORMATION FOUND ON THE INTERNET AND IS NOT RESPONSIBLE FOR ITS ACCURACY, CORRECTNESS OR ITS SUITABILITY. LIBRARY MAY SUGGEST SPECIFIC INTERNET SITES THAT HAVE POTENTIAL INTEREST FOR LIBRARY USERS, BUT THE LIBRARY CANNOT CONTROL A USER'S ACCESS TO OTHER INTERNET RESOURCES. Page 10 of 13 Xi The City of Kenai I www.6nai.city THE KENAI COMMUNITY LIBRARY HAS INSTALLED LIMITED FILTERS FOR INTERNET ACCESS. NO FILTERING SYSTEM IS COMPLETELY EFFECTIVE OR EFFICIENT. THIS IS ESPECIALLY TRUE IN FILTERING OF IMAGES AND VIDEO. FILTERS ON INTERNET TERMINALS MIGHT RESTRICT ACCESS TO SITES THAT COULD BE DEEMED OBJECTIONABLE, BUT WOULD ALSO LIMIT ACCESS TO SITES THAT HAVE LEGITIMATE RESEARCH VALUE. *A SPECIAL NOTE TO PARENTS THE INTERNET'S "USER FRIENDLINESS" AND INTRINSIC FLEXIBILITY TO ACCESS A WIDE RANGE OF WELL KNOWN AND MANY LESSER KNOWN INFORMATION RESOURCES DEMANDS DILIGENT AND THOUGHTFUL PARENTAL SUPERVISION. IT SHOULD BE UNDERSTOOD THAT THE KENAI COMMUNITY LIBRARY CANNOT ACT AS A CENSOR OR AS A SUBSTITUTE PARENT. IT IS THE RESPONSIBILITY OF THE PARENT TO PROVIDE THE OVERSIGHT TO ENSURE THEIR CHILDREN's USE OF THE INTERNET IN AN APPROPRIATE AND SAFE MANNER. AS WITH ALL LIBRARY RESOURCES, THE LIBRARY AFFIRMS THE RIGHT AND RESPONSIBILITY OF PARENTS/GUARDIANS, NOT LIBRARY STAFF, TO DETERMINE AND MONITOR THEIR MINOR CHILDREN'S USE OF THE INTERNET. (MINORS ARE DEFINED IN THIS POLICY AS CHILDREN AND YOUNG PEOPLE UNDER THE AGE OF EIGHTEEN (18) YEARS.) PARENTS WHO BELIEVE THAT THEIR CHILDREN CANNOT RESPONSIBLY USE THE LIBRARY'S INTERNET ACCESS ARE REQUESTED TO MONITOR THEIR CHILDREN'S INTERNET USE. INTERNET OFFERINGS AND LIMITATIONS • LIBRARY ACCESS TO THE INTERNET IS AVAILABLE AT WORK STATIONS THAT USE SOFTWARE DESIGNED TO BROWSE THE WORLD WIDE WEB (WWW). DIAL IN ACCESS IS NOT AVAILABLE THROUGH THE LIBRARY. • YOU MAY NOT USE YOUR OWN SOFTWARE PROGRAMS ON THE LIBRARY COMPUTERS, NOR INSTALL ANY PROGRAMS OR DRIVERS ON THE LIBRARY COMPUTERS. THIS WILL HELP PREVENT COMPUTER VIRUSES THAT ARE COMMON ON PUBLIC COMPUTERS. • MISUSE OF THE COMPUTER OR INTERNET ACCESS WILL RESULT IN LOSS OF YOUR COMPUTER PRIVILEGES. • BECAUSE OF LIBRARY SCHEDULING, INTERNET-TRAINED STAFF MAY NOT ALWAYS BE AVAILABLE. RESPONSE TO VIOLATIONS INTERNET COMPUTERS MAY NOT BE USED BY ANYONE, INCLUDING MINORS, FOR ILLEGAL ACTIVITY, TO ACCESS ILLEGAL MATERIALS, OR TO ACCESS MATERIALS THAT BY LOCAL COMMUNITY STANDARDS WOULD BE OBSCENE. LIBRARY EMPLOYEES ARE AUTHORIZED TO TAKE PROMPT AND APPROPRIATE ACTIONS TO PROHIBIT USE BY PERSONS WHO FAIL TO COMPLY WITH THE INTERNET SAFETY POLICY AS STATED OR IMPLIED HEREIN. RESPONSIBILITIES OF LIBRARY STAFF AND USERS LIBRARY STAFF WILL NOT MONITOR A USER'S INTERNET USE, EXCEPT FOR LENGTH OF USE IN ORDER TO ENSURE EQUAL OPPORTUNITY OF ACCESS FOR EVERYONE. THE USER, OR THE PARENT OF A MINOR, IS RESPONSIBLE FOR HIS OR HER INTERNET SESSION AT ALL TIMES. THE LIBRARY RESERVES THE RIGHT r Page 11 of 13 1� The City of Kenai I www.6nai.city TO TERMINATE AN INTERNET SESSION THAT DISRUPTS LIBRARY SERVICES OR THAT INVOLVES USER BEHAVIOR THAT VIOLATES THE LIBRARY'S POLICIES. DISCLAIMERS WHILE THE LIBRARY ENDEAVORS TO PROVIDE ACCESS TO INFORMATION OF THE HIGHEST QUALITY, THE LIBRARY SPECIFICALLY DISCLAIMS ANY WARRANT AS TO THE INFORMATION'S ACCURACY, TIMELINESS, AUTHORITATIVENESS, USEFULNESS OR FITNESS FOR A PARTICULAR PURPOSE. THE LIBRARY WILL HAVE NO LIABILITY FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THE USE OF INFORMATION ACCESSED THROUGH THE LIBRARY'S INTERNET SERVICE. SINCE SOFTWARE AND INFORMATION DOWNLOADED FROM ANY SOURCES, INCLUDING THE INTERNET, MAY CONTAIN COMPUTER VIRUSES, USERS ARE ADVISED TO UTILIZE VIRUS CHECKING SOFTWARE ON THEIR HOME COMPUTERS. THE LIBRARY IS NOT RESPONSIBLE FOR DAMAGE TO USERS' DISKS OR COMPUTERS OR FOR ANY LOSS OF DATA, DAMAGE OR LIABILITY THAT MAY OCCUR FROM USE OF THE LIBRARY'S COMPUTERS.] Removes Appendices — Kenai Community Library Policies in its entirety. Some provisions are addressed elsewhere: personnel matters are governed by the personnel code, budget and capital improvement are addressed through the City's budget process and procedures; and other provisions, while repealed from municipal code, remain in effect as department policies, including mission, vision, and values; material selection; electronic equipment use; public relations; unattended children; and internet safety. Section 3. Amendment the City of Kenai Schedule of Rates. Charges and Fees: That the City of Kenai Schedule or Rates, Charges and Fees for Library Fees is hereby amended as follows: Library Fees [APX - LIBRARY REGULATIONS AND POLICIES] 1. Default fees for lost, stolen or damaged materials when no retail value is available. a. Adult book (hardcover) $33.00 b. Adult large print $40.00 c. Adult audiobook $50.00 d. Youth board book $10.00 e. Youth book (hardcover) or picture book $25.00 f. Youth audiobook $25.00 g. Adult/youth trade paperbacks $15.00 h. Adult/youth mass market paperbacks $10.00 i. Magazines $5.00 j. Video/DVD/music CD $30.00 k. DVD set $50.00 I. Interlibrary loan item (fee or actual cost charged by lender) $30.00 m. Juvenile kits/Adult kits/Playaway launchpads $150.00 n. Microfilm reel or microfiche $35.00 o. Chromebook kit $370.00 Page 12 of 13 jc1i The City of Kenai I www.kenai.city p. Laptop $800.00 2. Proctoring per test $25.00 3. Replacement Costs Costs a. processing fee for all lost/damaged items $5.00 b. processing labels (e.g., spine labels, barcodes, etc. $1.00 c. RFID Tag $1.00 d. replacement library card $1.00 e. book covers $2.00 f. Tonie, Yoto, music CD or single disc DVD case $2.00 g. multidisc DVD or audiobook case $5.00 h. power cord Chromebook/Laptop $20.00 i. power cord Launchpads, Tonies, etc. $10.00 4. Damages a. defaced or torn pages per page $2.00 5. Photocopying and Printing a. Black & white prints or copies (per single -sided page) $0.25 b. Color - photocopies only (per single -sided page) $0.50 Removes the reference to the KMC Appendices - Library Regulations and Policies from the City of Kenai Schedule of Rates, Changes and Fees. Page 13 of 13 ? I The City of Kenai I www.kenai.city Effective Date: Pending Page 1 of 1 CITY OF KENAI LIB 30.001 MISSION, VISION AND CORE VALUES Approved by: Library Director, City Attorney, City Manager LIB — 30.001 LIBRARY MISSION, VISION, AND CORE VALUES This document defines the mission, vision, and values of the Kenai Community Library. Together, these statements guide policy, planning, and service delivery in support of the library's role as a municipal public service. 1. Mission The mission of the Kenai Community Library is to provide a welcoming space where people can connect, learn, discover, and grow. 2. Vision The Kenai Community Library's vision is to be the confluence of ideas and information to empower our thriving community. 3. Core Values The library's core values define the principles that guide how staff conduct their work, interact with the public, and make decisions in service to the community. • Access for All -- Everyone is welcome. We provide free and open access to information, services, and spaces for all members of the community. • Intellectual Freedom -- We support the right to read, explore, and think freely. People should be able to seek and receive information from all points of view without restriction. • Professionalism and Stewardship -- We serve our community with integrity and care, using public resources wisely and responsibly. • Diversity -- We value and respect people of all backgrounds, experiences, and perspectives. • Education and Learning -- We support lifelong learning through programs, resources, and opportunities for personal growth. We promote curiosity, discovery, and the joy of learning at every age and stage of life. • Innovation -- We embrace creativity and new ideas to better serve our community and adapt to changing needs. • Community Engagement -- We connect with and listen to our community to understand and respond to local needs and interests. Effective Date Description of Changes 1999 First documented revision 2000 Revised 2006 Revised Pending Revised LIB 30.001 MISSION, VISION AND CORE VALUES Effective Date: Pending Page 1 of 2 LIB — 30.002 CITY OF KENAI LIB— 30.002 GIFT ACCEPTANCE Approved by: Library Director, City Attorney, City Manager GIFT ACCEPTANCE This policy establishes the conditions under which the library may accept gifts and donations. It applies to all donated materials, monetary contributions, and other items offered to the Kenai Community Library and provides guidance to ensure gifts support the Library's mission and operational needs. 1. Materials The library may accept donated materials as space allows. Such materials are evaluated according to the same criteria as purchased materials. 2. Memorial Donations Community groups or individuals interested in donating a book in honor or memory of someone may contact library staff to determine what might best fit the collection and respect the memory of the honoree. 3. Funding Support Funding donations to benefit the library can be made directly to the library or to the Friends of the Kenai Community Library, a 501(c)(3) nonprofit organization that supports the library's programs and services. Funding donations to the library supplement the collection, purchases or upgrades for library equipment, and support library programs and services. 4. Other Information The library does not accept donations that are not outright gifts and reserves the right to decline any donation that interferes with its mission or creates undue obligations. The library retains sole discretion over the use or disposition of donated materials. The library cannot appraise gifts for tax purposes, but will provide a signed and dated gift statement upon request. 5. Policy Administration The Library Director is authorized to develop, implement, and revise administrative procedures necessary to administer this policy. Effective Date Description of Changes 2025 Initial policy drafted Pendinq Policv title, format, and numberinq updated LIB — 30.003.02 GIFT ACCEPTANCE 2 Effective Date: Pending Page 2 of 2 CITY OF KENAI LIB— 30.002 GIFT ACCEPTANCE See Also: LIB--30.401 Approved by: Library Director, City Attorney, City Manager LIB — 30.003.02 GIFT ACCEPTANCE Effective Date: Pending Page 1 of 3 CITY OF KENAI LIB— 30.101 LIBRARY PRIVACY AND CONFIDENTIALITY POLICY Approved by: Library Director, City Attorney, City Manager LIB — 30.101 LIBRARY PRIVACY AND CONFIDENTIALITY POLICY This policy applies to all services, records, and interactions provided or managed by the library. It governs the collection, use, protection, and disclosure of personally identifiable information and ensures that all patron records remain confidential to the fullest extent permitted by law. 1. Public Areas and Privacy The library is a public facility, and individuals using public areas should understand that these spaces are open and visible to others. However, library staff will not disclose whether a particular individual is or has been present in the building. 2. Confidentiality of Library Records The statutory law of the State of Alaska regarding the confidentiality of library records, AS 40.25.140, reads as follows: (a) Except as provided in (b) of this section, the names, addresses, or other personal identifying information of people who have used materials made available to the public by a library shall be kept confidential, except upon court order, and are not subject to inspection under AS 40.25.110 or 40.25.120. This section applies to libraries operated by the state, a municipality, or a public school, including the University of Alaska. (b) Records of a public elementary or secondary school library identifying a minor child shall be made available on request to a parent or guardian of that child. 3. Collection of Information The library collects only the information necessary to provide library services, maintain accurate records and statistics, and comply with legal obligations. This includes: • Personally identifiable information (PII) such as name, address, contact information, birthdate, and government -issued ID number. • Circulation records, including current checkouts, hold requests, overdue or lost material information, and fines and payments. The library does not retain borrowing history once items are returned. • Anonymous usage information, such as IP addresses, browser types and device information, dates and times of use, and session cookies. This information is used only to improve services and troubleshoot technical issues. The library does not track specific websites visited by patrons or sell/share data with advertisers. 4. Security Cameras LIB — 30.101 LIBRARY PRIVACY AND CONFIDENTIALITY POLICY Effective Date: Pending Page 2 of 3 CITY OF KENAI LIB— 30.101 LIBRARY PRIVACY AND CONFIDENTIALITY POLICY Approved by: Library Director, City Attorney, City Manager The library uses security cameras in public areas of its facility to help maintain a safe and secure environment for patrons, staff, and property. Cameras are not used to monitor individual reading, viewing, or browsing habits. The monitoring, access, and use of security camera recordings are governed by city policy ADM-70.002. 5. Third -Party Services The library provides access to third -party platforms that operate under their own privacy policies. Patrons are encouraged to review vendor privacy statements before using these services. 6. Access and Protection of Records The library complies with local, state, and federal laws regarding patron privacy and confidentiality. Measures include staff training and controlled access. Access is granted as follows: • Library staff at any member library of the Alaska Library Catalog (ALC) may access records only as needed to perform their job duties. • Anyone with the physical library card may check out items, place holds, or return materials, pay bills, and receive a list of current checkouts. However, only the cardholder may request information about or make changes to their account. Verification of identity* is required. • Anyone requesting information about items borrowed or fines/fees owed over the phone may be given the information by providing their library card number. However, staff cannot give out account numbers or PI I over the phone. • Parents or guardians of minors may see titles of items borrowed only if they provide the child's library card or if the child is present and gives permission. The parent or guardian must be listed on the account and must verify their identity. Minor personal information such as address and phone number are not provided to anyone, including the parent or guardian. Parents may be told if their child has a library account. If a child's identity must be verified using personally identifying information, the parent must provide that information; staff shall not disclose it. • All notices mailed to patrons will be in envelopes or otherwise suitably masked to maintain confidentiality. • Law enforcement may access records only as required by law, including a valid subpoena or search warrant. 7. *Verification of Identity The following are examples or acceptable identification: LIB — 30.101 LIBRARY PRIVACY AND CONFIDENTIALITY POLICY Effective Date: Pending Page 3 of 3 CITY OF KENAI LIB— 30.101 LIBRARY PRIVACY AND CONFIDENTIALITY POLICY Approved by: Library Director, City Attorney, City Manager • Passport. • Alaska Driver's License or valid Alaska Learner's permit. • Valid Out -of -State Driver's License. • State of Alaska personal identification card. • Tribal ID • Military Identification Card. • School issued student picture ID • Alien Registration Card • Employer Picture ID • Other government -issued photo ID (including photo ID's issued by other countries) 8. Policy Administration The Library Director is authorized to develop, implement, and revise administrative procedures necessary to administer this policy. Effective Date Description of Chances 2020 Initial policy drafted Pending Revised See Also: ADM-70.002, LIB--30.101.01-P LIB — 30.101 LIBRARY PRIVACY AND CONFIDENTIALITY POLICY 6 Effective Date: Pending Page 1 of 3 CITY OF KENAI LIB— 30.201 LIBRARY CODE OF CONDUCT Approved by: Library Director, City Attorney, City Manager LIB — 30.201 LIBRARY CODE OF CONDUCT The Library Code of Conduct applies to all staff, patrons, volunteers, and community members, and it applies everywhere the library provides service, including on Library property, in the community, through our website or social media, and by phone or email. It outlines reasonable expectations for the use of the library as a community resource. 1. Everyone Using Library Services is Entitled to: • Privacy and confidentiality in using library services and collections • Free and equal access to resources and services without discrimination or harassment • Courtesy and respect from staff and fellow patrons • A clean, safe, and welcoming environment 2. Everyone Using Library Services Is Expected To: • Be safe • Be respectful of one another, staff, and the space we share • Be aware that violence, intimidation, harassment, and hateful speech directed at another person will not be tolerated 3. Certain Behaviors Are Prohibited: • Any behavior that is disruptive to library use, including running, jumping, loud conversations (in person or on mobile devices), and other excessive noise. • Any activity in violation of federal law, state law, local ordinance, or library policies. • Verbally, visually, or physically threatening or harassing patrons, staff, or volunteers, including stalking, offensive touching, obscene gestures, indecent exposure, or sexual acts. • Deliberate damage to, tampering with, or defacing of library materials, furnishings, equipment or other library property. • Being under the influence of alcohol/illegal drugs or selling, using, or possessing alcohol/ illegal drugs. • Smoking and vaping in the library or anywhere smoke may enter through entrances, windows, ventilation systems or any other means. • Strong fragrances and odors that unreasonably interfere with library use. • Leaving belongings unattended. Unattended items may be removed or discarded. Large items such as luggage, bicycles, or carts are not permitted in the library; assistive devices, strollers, and child carriers are welcome. Keep all items out of aisles, exits, and seating needed by others. • Blocking aisles, stairways, entrances or exits by sitting or lying down on them. • Outdoor water spigots and electrical outlets may be used only with library approval. • Parking on library grounds between 12:00 am. and 5:00 am. LIB-30.201 LIBRARY CODE OF CONDUCT Effective Date: Pending Page 2 of 3 CITY OF KENAI LIB— 30.201 LIBRARY CODE OF CONDUCT Approved by: Library Director, City Attorney, City Manager • Eating or drinking near computers. Small snacks and covered drinks are allowed in all other areas. • Not wearing appropriate clothing such as a shirt and footwear. • Quiet rest is allowed, but patrons must remain seated and may not lie down. • Petitioning, selling, or soliciting in areas not designated as a public forum. • Service animals and animals in approved programs are allowed. Pets are not. Animals may not be left unattended on library property. • Children under 8 and vulnerable adults must be accompanied and closely supervised by a responsible caregiver at all times. Staff cannot assume responsibility for unattended children or vulnerable adults. 4. The Library Regulates the Use Of The Children's Library (Kid Spot): The Kid Spot is reserved for children, their parents or caregivers, and individuals actively using the children's collection or attending programs. Adults who are not accompanying children and do not require immediate access to children's materials will be asked to relocate to another section of the library. The library reserves the right to utilize the Kid Spot for scheduled events. 5. The Library Enforces This Policy: If a behavior violates this policy, staff will • Communicate with the patron to resolve the concern. • If the issue continues, the patron may be asked to leave for the day. • For ongoing or serious concerns, the library may suspend privileges or issue a trespass order. • Law enforcement may be contacted if safety or legal violations occur. • Violations or any provision of the Kenai Municipal Code may be addressed according to KMC 13.05. Patrons have the right to appeal suspensions or trespass decisions to the Library Director. 6. The Library Director Administers This Policy The Library Director is authorized to develop, implement, and revise administrative procedures necessary to administer this policy. Effective Date Description of Changes Policy predates current documentation Pendina Revised LIB — 30.201 LIBRARY CODE OF CONDUCT Effective Date: Pending Page 3 of 3 CITY OF KENAI LIB— 30.201 LIBRARY CODE OF CONDUCT Approved by: Library Director, City Attorney, City Manager See Also: ADM-70.001, LIB-30.201.02-P, LIB-30.503 LIB — 30.201 LIBRARY CODE OF CONDUCT Effective Date: Pending Page 1 of 1 CITY OF KENAI LIB— 30.202 CHILDREN AND VULNERABLE ADULTS SAFETY POLICY Approved by: Library Director, City Attorney, City Manager LIB — 30.202 CHILDREN AND VULNERABLE ADULTS SAFETY POLICY This policy is intended to support the safety and well-being of minors and vulnerable adults while using library facilities and services. 1. Definitions A Minor is a person under the age of 18. A vulnerable adult is a person over the age of 18 years old who is unable to care for themselves, protect themselves from harm, or follow library behavior guidelines independently. 2. Supervision and Responsibility Kenai Community Library staff do not have the legal responsibility to provide supervision or act in place of the parent, guardian, or caregiver. Responsibility for a child's or vulnerable adult's behavior and safety remains with the parent, guardian or caregiver at all times, including when the parent, guardian or caregiver is not physically present. Parents, guardians or caregivers must remain within direct line of sight of children under the age of 8 at all times. Children ages 8 and older may be at the library unattended if they can understand and follow the Library Code of Conduct and staff directions. If a child or vulnerable adult is left unattended and an issue arises, or if a child or vulnerable adult is left without transportation at closing, library staff will attempt to contact a parent, guardian or caregiver. If a parent or caregiver cannot be reached, the Kenai Police Department will be contacted to assist. A staff member will remain on the premises until authorities arrive. 3. The Library Director Administers This Policy The Library Director is authorized to develop, implement, and revise administrative procedures necessary to administer this policy. Effective Date Description of Changes 3/6/2008 Adopted Pending Revised See Also: LIB-30.201 LIB — 30.202 CHILDREN AND VULNERABLE ADULTS SAFETY 10 Effective Date: Pending Page 1 of 3 CITY OF KENAI LIB— 30.301 CIRCULATION POLICY Approved by: Library Director, City Attorney, City Manager LIB — 30.301 CIRCULATION POLICY This policy establishes the eligibility, application, and responsibilities for obtaining and maintaining a Kenai Community Library card, as well as the rules for borrowing, renewing, and returning library materials. It applies to all physical and digital items, ensuring fair, consistent, and equitable access to the library's collections. 1. Library Card Eligibility Resident Library Cards. The Kenai Community Library issues free cards to Alaska residents age 18 or older who do not already hold a card in Kenai or within the Alaska Library Catalog (ALC) consortium. To obtain a card, applicants must present a valid photo identification and proof of current mailing address, if it is not listed on the photo ID. Applicants under the age of 18 must be accompanied by a parent or legal guardian, who must sign the application and provide required identification. Resident library cards expire every two years and must be renewed to ensure account information remains current. Temporary Library Cards. Alaska residents who cannot provide valid proof of address at the time of their application may apply for a temporary card. A temporary card has limited borrowing privileges and expires after 21 days. A temporary card may be renewed or converted to a resident library card upon presentation of valid photo ID and proof of mailing address. Non -Resident Cards. Individuals who do not claim residency in Alaska may apply for a non- resident card. A non-resident card has limited borrowing privileges, expires after 90 days, and can only be renewed in person. Expired Cards. Library accounts that remain expired for an extended period, unless there are outstanding fines or fees, are removed from the library's database in accordance with the City of Kenai's retention policy. 2. Borrowing Library Materials All library materials must be checked out using a library card in good standing before leaving the building. The library has established borrowing limits, as well as limits on loan periods, renewals, and hold requests to ensure broad access. These limits are regularly reviewed and adjusted as needed to meet changing community needs. Kenai Community Library cardholders in good standing may borrow circulating materials from the collection, use in -library services such as public computers, access licensed online content, borrow materials from any Alaska Library Catalog (ALC) partner library, and use Interlibrary Loan services. Some restrictions apply for temporary and non-resident cards. LIB — 30.301 CIRCULATION POLICY M Effective Date: Pending Page 2 of 3 CITY OF KENAI LIB— 30.301 CIRCULATION POLICY Approved by: Library Director, City Attorney, City Manager Alaska Library Catalog (ALC) partner library cardholders in good standing may borrow circulating materials from the Kenai Community Library and use in -library services such as public computers; however, access to licensed digital content and Interlibrary Loan services is restricted. Any materials borrowed through the Alaska Library Catalog and Interlibrary Loan are subject to the policies of the owning library. 3. Borrower Responsibilities Cardholders are responsible for: • Returning materials on time and in good condition • Verifying all items in media cases and kits • Paying fees for lost or damaged items • Reporting lost or stolen cards • Keeping contact information current Parents or legal guardians are responsible for the accounts of minor cardholders, including all items borrowed and any fines or fees incurred on the minor's card. Accounts are blocked for lost items, fines totaling $10 or more, or undeliverable mail. Access is reinstated once issues are resolved. 4. Fines and Fees The Kenai Community Library does not charge late fines for overdue items, but costs are assessed for items that are lost, stolen, damaged or returned with missing pieces, in accordance with Kenai Community Library procedures and the City of Kenai Fee Schedule. Materials borrowed from partner or Interlibrary Loan libraries are subject to the owing library's fines and fees. 5. Confidentiality In accordance with Alaska Statute 40.25.140 Confidentiality of Library Records and the Library Privacy and Confidentiality Policy, all patron records are confidential to the fullest extent permitted by law. 6. The Library Director Administers This Policy The Library Director is authorized to develop, implement, and revise administrative procedures necessary to administer this policy. Effective Date Description of Changes LIB — 30.301 CIRCULATION POLICY Effective Date: Pending Page 3 of 3 CITY OF KENAI LIB— 30.301 CIRCULATION POLICY Approved by: Library Director, City Attorney, City Manager Supersedes KMC 1.56.025, KMC 1.56.040, KMC 1.56.045, KMC Pending Appendices --Library Regulations See Also: LIB-30.101, LIB-30.201, LIB-30.301.01-A, LIB-30.301.01-P, LIB-30.301.02-P City of Kenai Records Management Schedule and Retention Policy LIB — 30.301 CIRCULATION POLICY 13 Effective Date: Pending Page 1 of 3 CITY OF KENAI LIB— 30.302 LIBRARY COMPUTER & INTERNET USE POLICY Approved by: Library Director, City Attorney, City Manager LIB — 30.302 LIBRARY COMPUTER & INTERNET USE POLICY This policy applies to all public computers and wireless networks provided by the library. It governs use by patrons of all ages, as well as staff in the course of their duties, to ensure equitable access, responsible use, and a safe environment for everyone. 1. Access and General Information The Kenai Community Library supports intellectual freedom and is committed to providing free public access to all sources of information, including those delivered over the Internet. The library does not use Internet filters; all online content is accessible at the user's discretion and risk. The library cannot guarantee the quality, accuracy, or appropriateness of online content. Free public computer access is available on a first -come, first -served basis during library hours. Time limits on public access computers are set by the library to ensure fair access. Free public internet and Wi-Fi are available to all patrons using their own devices; however, Wi-Fi may be unavailable during hours when the library parking lot is closed. Some internet-enabled devices are available for checkout. Age and circulation restrictions apply. Online Public Access Catalog (OPAC) stations are configured to allow access only to specific internet sites. 2. Legal and Ethical Use All existing library and City of Kenai policies, and local, state, and federal laws apply to the library's computer resources. The library requires that all patrons using the library's internet connections do so within the terms of acceptable use. The following are unacceptable: • Any activities that violate the Library Code of Conduct policy. • Accessing, downloading, transmitting or sharing content that is illegal under local, state, or federal law. This includes child sexual abuse material, obscene material as defined by law, and other unlawful content. • Display of sexually explicit images at any computer in the library in public view. • Unauthorized disclosure, use, or dissemination of any personal identification information regarding minors. • Uses that violate copyright laws and licensing agreements. • Any activities that harm others, their property or compromise privacy or network security. This includes: o Harassment, threats, and stalking, and cyberbullying; o Fraud and financial crimes; LIB — 30.302 LIBRARY COMPUTER & INTERNET USE POLICY 14 Effective Date: Pending Page 2 of 3 CITY OF KENAI LIB— 30.302 LIBRARY COMPUTER & INTERNET USE POLICY Approved by: Library Director, City Attorney, City Manager o Hacking, introducing malware, and deliberately disrupting library systems or networks; o Deleting or modifying library software. Attempting to install or run any programs that have not been installed by the library. • Moving or changing the arrangement of library computers and attached equipment. • Removing in -library electronic devices from the library building • Damaging library equipment or disrupting computer use. 3. Access by Minors The library affirms the right and responsibility of the parent to determine and monitor their own children's use of all library materials and resources. Minors (under 18) must have their own valid library card to access the internet on library devices. Parents and caregivers are encouraged to discuss online behavior, privacy, and safety with their minor children. Patrons must be at least thirteen (13) years of age to borrow laptops and other internet-enabled devices. Patrons thirteen (13) to seventeen (17) years of age must have a parent or legal guardian provide authorization in person before first check-out. The parent/legal guardian assumes responsibility for the electronic device. 4. Privacy and Security Internet and other computer use in the library is considered protected by the Confidentiality of Library Records under Alaska Statute 40.25.140. The library upholds patron privacy to the fullest extent permitted by law and policy, and patrons are expected to respect the privacy of others; however, absolute privacy on public computers cannot be guaranteed. While library staff do not routinely monitor computer use, the library reserves the right to do so when a violation of this policy or illegal activity is suspected. Patrons should not save files on library computers, as they are set to erase all data after logout. The library's wireless network is public, and users should safeguard personal devices and sensitive data. Patrons use the internet is at their own risk. The library is not liable for data loss, damage, or exposure to harmful content. 5. Enforcement The library may end any session that disrupts services or violates policy. Violations may also result in the temporary loss of library privileges, in accordance with the Library Code of Conduct policy and the City of Kenai's Trespassing Individuals from City Facilities Policy. LIB — 30.302 LIBRARY COMPUTER & INTERNET USE POLICY 15 Effective Date: Pending Page 3 of 3 CITY OF KENAI LIB— 30.302 LIBRARY COMPUTER & INTERNET USE POLICY Approved by: Library Director, City Attorney, City Manager Users will be held responsible for any damage to hardware, software, data, furniture or equipment. Library staff may check the workstations after each use. Illegal acts involving library computing resources may also be subject to prosecution by local, state, or federal authorities. 6. Policy Administration The Library Director is authorized to develop, implement, and revise administrative procedures necessary to administer this policy. Effective Date Description of Changes 2011 First documented revision date 2013 Revised Pendina Revised See also: ADM 70.001, LIB 30.101, LIB 30.201, LIB 30.301.01-A LIB — 30.302 LIBRARY COMPUTER & INTERNET USE POLICY m Effective Date: Pending Page 1 of 1 LIB — 30.303 CITY OF KENAI LIB— 30.303 Programs Approved by: Library Director, City Attorney, City Manager PROGRAMS The Kenai Community Library provides programs that support its mission to provide a welcoming space where people can connect, learn, discover, and grow; reflect community interests; and advance educational, cultural, and informational goals, within available space, staffing, and budgetary resources. Library programs are primarily planned, developed, and presented by library staff, though the Friends of the Kenai Community Library may occasionally organize programs in coordination with the library. Library programs are offered free of charge and are open to the public. In limited circumstances, participants may be asked to contribute toward the cost of program supplies, or when fundraising is conducted by the Friends of the Kenai Community Library. The library, or the Friends of the Library, may co -host programs with outside experts or community presenters when their expertise supports community needs and aligns with the library's mission. All co -hosted events require review by library staff and approval by the Library Director. The library retains final authority over the selection, scheduling, and content of all programs and presenters. The library may take photos or videos at events for the purpose of promoting library programs to the public. The Library Director is authorized to develop, implement, and revise administrative procedures necessary to administer this policy. Effective Date Description of Changes Pending Initial policy drafted LIB — 30.303 PROGRAMS 17 Effective Date: Pending Page 1 of 4 CITY OF KENAI LIB— 401 LIBRARY MATERIALS ELECTION POLICY Approved by: Library Director, City Attorney, City Manager LIB — 30.401 LIBRARY MATERIAL SELECTION POLICY This policy guides the development and maintenance of a collection that supports the informational, educational, cultural, and recreational needs of the community. It explains how materials are selected, maintained, and deselected to ensure the collection remains current, balanced, and responsive to community use. 1. Selection Responsibilities The Library Director has ultimate responsibility for collection development and maintenance. Under the Director's guidance, staff may assist with the selection, acquisition, cataloging, promotion, and deselection of materials. As a member of the Alaska Library Catalog, the library also considers the breadth of resources available through partner libraries when making selection and deselection decisions. 2. Selection Guidelines Selection of materials is guided by community needs and the balance and comprehensiveness of the collection. No single standard applies to all selection decisions. Materials are evaluated as a whole based on their purpose, intended audience, and overall merit, including artistic, scholarly, informational, or recreational value. Selection decisions are based on one or more of the following factors: • Cultural, recreational, informational and/or educational value • Local interest and anticipated use by patrons • Usefulness in relation to other materials in the collection • Inclusion in standard bibliographies and review sources • Accuracy, effectiveness, and timeliness • Qualifications and/or significance of the author • Local availability of similar material • Suitability of form for library use • Cost and budget considerations • Space limitations 3. Digital Resources Digital resources, including digital books, audiobooks, and magazines, as well as streaming services and online databases are subject to the same general selection criteria as print materials. 4. AI -Generated Materials LIB — 30.401 LIBRARY MATERIAL SELECTION POLICY 18 Effective Date: Pending Page 2 of 4 CITY OF KENAI LIB— 401 LIBRARY MATERIALS ELECTION POLICY Approved by: Library Director, City Attorney, City Manager The library will make reasonable efforts not to purchase AI -generated content, or AI -generated audio editions of human -created works. AI -generated content inadvertently added to the collection will not be withdrawn unless it meets one or more criteria for withdrawal. AI -assisted content is permitted in the library's collection, subject to the same requirements and criteria as wholly human -authored works. AI -assisted content is work that is written by a human but for which the author used Al tools to edit, refine, or error -check the work. 5. Special Collections Staff may create or curate special collections such as kits, games, and other nontraditional resources to fit community and educational needs. 6. Textbooks The library does not purchase textbooks used in local schools, colleges or universities. Academic materials may be added to the collection if they provide the best general interest coverage of a subject. 7. Community Input The library welcomes suggestions for possible purchases. All suggestions are considered using the same criteria as all other materials. 8. Donated Materials The library may accept donated materials as space allows. Donated materials are evaluated according to the same criteria as purchased materials. 9. Self -Published Items The library does not generally accept self -published items as donations for inclusion in the collection and does not purchase self -published works. To support local creativity, the library may consider donated copies of locally created, self -published titles; however, acceptance is not guaranteed. Any self -published items added to the collection are subject to the same maintenance and withdrawal criteria as all other library materials. 10. Intellectual Freedom and First Amendment Principles As a public institution, the library upholds the First Amendment by providing access to materials representing a broad range of viewpoints. Decisions regarding library materials are made using the criteria outlined above. Disagreement with ideas, content, or perspectives alone does not constitute a sufficient basis for restricting access. Individuals may choose materials for themselves or their own children but may not limit the access of others. LIB — 30.401 LIBRARY MATERIAL SELECTION POLICY 19 Effective Date: Pending Page 3 of 4 CITY OF KENAI LIB— 401 LIBRARY MATERIALS ELECTION POLICY Approved by: Library Director, City Attorney, City Manager In support of these principles, the library endorses the American Library Association's Library Bill of Rights and its interpretations, as well as the Freedom to Read, Freedom to View, and Libraries: An American Value statements (see LIB 30.400-A). 11. Reconsideration of Library Materials The library values community input regarding its collections. Individuals who wish to request the reconsideration of library materials must submit a written Request for Reconsideration form. Requestors must be Kenai Library cardholders or the parent or guardian of a cardholder and live in the library's service area. A separate form must be submitted for each of the items under consideration. Requests are reviewed by library staff using the selection criteria outlined in this policy and in alignment with the library's mission, policies, and First Amendment obligations. Materials under review will remain available during the reconsideration process, and no library material shall be removed from the collection except when the item no longer meets the library's selection criteria or.by order of a court of competent jurisdiction. A written response will be provided to the requesting patron. The library director will discuss the decision if requested. This concludes the library's reconsideration process. The decision will remain in effect for two years. As a member of the Alaska Library Catalog, the library respects the policies of partner libraries and works collaboratively within the consortium, while ensuring that its own policies and principles of intellectual freedom remain consistent. 12. Collection Maintenance The collection is regularly evaluated to remain accurate, useful, and relevant. Materials that are no longer useful are systematically withdrawn from the collection. Factors considered include: • Physical condition • Frequency of use • Obsolescence of information • Duplication of copies and availability of similar materials • Research, local, or historical value • Coverage within subject areas Withdrawn materials may be sold, donated, recycled, or otherwise disposed of in the best interest of the library. 13. Policy Administration The Library Director is authorized to develop, implement, and revise administrative procedures necessary to administer this policy. LIB — 30.401 LIBRARY MATERIAL SELECTION POLICY 20 Effective Date: Pending Page 4 of 4 CITY OF KENAI LIB— 401 LIBRARY MATERIALS ELECTION POLICY Approved by: Library Director, City Attorney, City Manager Effective Date Description of Changes 1999 First documented revision 2000 Revised 2006 Revised 2021 Revised Pending Revised See also LIB 30.400-A, LIB 30.400.01-P, LIB 30.400.01-F LIB — 30.401 LIBRARY MATERIAL SELECTION POLICY 21 Effective Date: Pending Page 1 of 3 CITY OF KENAI LIB— 30.501 LIBRARY ROOM USE POLICY Approved by: Library Director, City Attorney, City Manager LIB — 30.501 LIBRARY ROOM USE POLICY The Kenai Community Library provides meeting spaces to support educational, informational, cultural, civic, professional, and collaborative activities that benefit the community. This policy establishes the principles governing the public use of library meeting spaces and authorizes the development of administrative procedures for their operation. 1. The Library Provides Meeting Rooms The library has study rooms and conference rooms for library -sponsored activities and, when available, for public use. Meeting spaces include study rooms designed for individuals and small groups, as well as conference rooms intended for larger meetings and events. Areas designated for library operations, including staff offices, workrooms, break rooms, and storage areas, are not available for public use. 2. Library and City Activities Receive Priority Library activities, Friends of the Kenai Community Library activities, and the City of Kenai have priority over all other uses of library meeting spaces. When not needed for these purposes, library meeting rooms are available for public use in accordance with this policy. The meeting rooms are available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use. The meeting rooms are available to all, including religious and political groups. The content of meetings is determined solely by the groups holding the meetings. 3. Meeting Spaces May Be Reserved Library meeting spaces are available without charge to support educational, informational, cultural, civic, professional, and collaborative activities. Reservations must be made by adults (18+). Individuals making the meeting room reservation must provide the library with contact information and attend the meeting. All meetings must be free. No fee may be charged for attendance. No products, services, or memberships may be advertised, solicited, or sold. The only exceptions to this rule are for charges or sales which directly benefit the public library and are approved in advance by the Library Director. LIB — 30.501 LIBRARY ROOM USE POLICY 22 Effective Date: Pending Page 2 of 3 CITY OF KENAI LIB— 30.501 LIBRARY ROOM USE POLICY Approved by: Library Director, City Attorney, City Manager Rooms may not be used solely for personal purposes. Celebrations such as birthdays, wedding receptions, and baby showers are considered solely personal. Use of a meeting space must not interfere with normal library operations or the use of the library by others. Public use of library meeting spaces is limited to the library's posted hours of operation. The library may cancel, relocate, or modify reservations when necessary to accommodate library operations, emergencies, maintenance, safety, or other circumstances affecting the operation of the library. 4. Certain Activities Are Prohibited Meeting spaces may not be used for activities or equipment that: • Are prohibited by law. • Are inconsistent with this policy, the Library Code of Conduct, or other applicable library and city policies. • Damage library property, create safety hazards, exceed occupancy limits, or are inconsistent with the intended use of the facility. Administrative procedures may establish additional operational requirements necessary for the safe and equitable management of library meeting spaces. 5. Users Are Responsible For Their Activities Individuals and organizations using library meeting spaces are responsible for: • Complying with the Library Code of Conduct, this policy, and all applicable laws. • Ensuring that participants conduct themselves in a safe and respectful manner. • Using meeting spaces only for approved purposes. • Adhering to established occupancy limits and safety requirements. • Ending their activities and vacating meeting spaces at the conclusion of their reservation period and complying with any library closing requirements. • Leaving meeting spaces in clean, orderly condition. • Promptly reporting any damage or safety concerns to library staff. Users are financially responsible for damage to library property or for extraordinary cleaning resulting from their use of a meeting space. 6. Use Does Not Constitute Endorsement LIB — 30.501 LIBRARY ROOM USE POLICY 23 Effective Date: Pending Page 3 of 3 CITY OF KENAI LIB— 30.501 LIBRARY ROOM USE POLICY Approved by: Library Director, City Attorney, City Manager Use of a library meeting space does not imply sponsorship or endorsement by the Kenai Community Library or the City of Kenai. No advertisement, announcement, or promotional material may state or imply such endorsement without prior written authorization from the Library Director. Groups using library meeting spaces must include the following statement on promotional materials: "This event is not sponsored or endorsed by the Kenai Community Library or the City of Kenai." 7. The Library Enforces This Policy The library may deny, suspend, cancel, or terminate meeting room reservations or future reservation privileges for violations of this policy, applicable laws, the Library Code of Conduct, applicable administrative procedures, or when necessary to protect the safety of library users, staff, facilities, or operations. Appeals of administrative decisions may be submitted to the Library Director. The Library Director's decision is final. Nothing in this policy limits the library's authority to enforce applicable laws or other library policies. 8. The Library Director Administers This Policy The Library Director is authorized to develop, implement, and revise administrative procedures necessary to administer this policy. Such procedures may address reservation processes, scheduling priorities, reservation limits, room assignments, equipment use, cleaning and damage fees, cancellations, and other operational matters necessary for the effective management of library meeting spaces. Effective Date Description of Changes 2001 First documented revision 12/1 /2006 Revised 3/2/2011 Revised 6/11 /2024 Revised and expanded Pending Policy up dated See Also: LIB-30.201, LIB-30.303, LIB-30.501 -A LIB — 30.501 LIBRARY ROOM USE POLICY 24 Effective Date: Pending Page 1 of 1 CITY OF KENAI LIB— 30.502 DISPLAYS, EXHIBITS AND BULLETIN BOARD POLICY Approved by: Library Director, City Attorney, City Manager LIB — 30.502 DISPLAYS, EXHIBITS AND BULLETIN BOARD POLICY This policy governs library-curated displays and exhibits, as well as bulletin board postings and information racks within library facilities and defines staff authority, selection standards, and non -endorsement provisions. 1. Library Displays and Exhibits The library provides displays and exhibits that support its mission to provide a welcoming space where people can connect, learn, discover, and grow. Library displays and exhibits are curated by library staff and may incorporate materials or contributions from community members or subject matter experts. Inclusion of materials or participation by outside individuals or organizations does not constitute endorsement by the library or the City of Kenai. The library retains final authority over the selection, content, presentation, location, and duration of all displays and exhibits. 2. Bulletin Boards and Distribution Areas reserved for Use by the Library Some bulletin boards and distribution areas, including some digital formats, are for the library's exclusive use. In reserved areas, the library posts and distributes material: • Related to library services, programs, and events. • Provided by the Friends of the Kenai Community Library. • Provided by other governmental entities, such as the city of Kenai, the Kenai Peninsula Borough, state and federal governments. 3. Information Racks The library has limited space for brochures and informational handouts. Materials relating to the library will have first priority. Space permitting, brochures, pamphlets, and other giveaway materials are curated by library staff and may be placed on community display racks or in brochure holders. Organizations may request inclusion, but materials must be related to local services, library programs, or community resources; commercial or business advertising is not permitted. 4. Other Bulletin Boards and Distribution Areas The library provides a designated bulletin board area for posting information of community interest, including civic, cultural, and educational information. The term "postings" includes flyers, posters, and handouts. All postings require prior approval from library staff and must be placed only in designated spaces. All postings must include the date and the name and contact information of the LIB — 30.502 DISPLAYS 25 Effective Date: Pending Page 1 of 1 CITY OF KENAI LIB— 30.502 DISPLAYS, EXHIBITS AND BULLETIN BOARD POLICY Approved by: Library Director, City Attorney, City Manager sponsoring organization or authorized representative. Space is available on a first -come basis, limited to one posting per service or event. Preferred size is 8'/z x 11 inches or no larger than 11 x 17 inches. Posting by outside organizations does not imply endorsement or sponsorship by the Kenai Community Library or the City of Kenai. Postings may be removed when they are no longer timely, when space is needed, or at the discretion of the library. The library reserves the right to remove any posting and is not responsible for preserving or protecting posted materials. Users may not move, remove, alter, or deface postings. 5. Policy Administration The Library Director is authorized to develop, implement, and revise administrative procedures necessary to administer this policy. Effective Date I Description of Ch Initial draft from KMC Appendices —Library Regulations and Policies- 2023 -Exhibits Pendina Revised and expanded LIB — 30.502 DISPLAYS 26 Effective Date: Pending Page 1 of 2 CITY OF KENAI LIB— 30.503 SOLICITATION, PETITIONS, AND DISTRIBUTION OF MATERIALS POLICY Approved by: Library Director, City Attorney, City Manager LIB — 30.503 SOLICITATION, PETITIONS, AND DISTRIBUTION OF MATERIALS This policy governs solicitation, petitions, and the distribution of non -library materials on library premises to ensure the safe, equitable, and uninterrupted use of library facilities by all patrons. 1. General Statement The Kenai Community Library has designated areas of library grounds as public forums open to public expression, including the circulation of petitions and distribution of literature, subject to applicable local, state, and federal laws and to the restrictions set forth in this policy. The library does not sponsor, endorse, or oppose any views expressed or materials distributed under this policy. Permission to engage in these activities does not imply approval by the library or the City of Kenai. 2. Designated and Restricted Areas Circulation of petitions and distribution of literature are prohibited in the following areas: Inside the library building Under the covered library entrance In parking areas These restrictions are necessary to maintain safety and ensure unobstructed access to library facilities. All remaining library grounds are designated as public forum areas. 3. Solicitation of Funds Solicitation of funds is not permitted in the library building or on library grounds, with the exception of activities that benefit the library or the Friends of the Kenai Community Library. 4. Conduct and Use of Space All individuals engaging in activities covered by this policy must comply with the Library Code of Conduct Policy, which is posted in the library and available on the library's website. Expressive activities in designated public forum areas must not: • Disturb or harass library patrons or staff • Impede ingress to or egress from the library • Create safety hazards • Interfere with normal library operations or use of library property The library may impose reasonable limitations on when, where, and how these activities occur in order to protect library operations and public access. LIB — 30.503 SOLICITATION, PETITIONS, AND DISTRIBUTION OF MATERIALS 27 Effective Date: Pending Page 2 of 2 CITY OF KENAI LIB— 30.503 SOLICITATION, PETITIONS, AND DISTRIBUTION OF MATERIALS POLICY Approved by: Library Director, City Attorney, City Manager 5. Policy Administration The Library Director is authorized to develop, implement, and revise administrative procedures necessary to administer this policy. Effective Date Pendinq See also LIB 30.201 Description of Char Initial policv drafted LIB — 30.503 SOLICITATION, PETITIONS, AND DISTRIBUTION OF MATERIALS 28 Effective Date: Pending Page 1 of 2 CITY OF KENAI LIB— 30.601 LIBRARY VOLUNTEER POLICY Approved by: Library Director, City Attorney , City Manager LIB — 30.601 LIBRARY VOLUNTEER POLICY The Kenai Community Library values volunteers as an important part of its mission to provide a welcoming space where people can connect, learn, discover, and grow. Volunteer service enhances library operations, supports staff, expands and enriches programs, and promotes public awareness of library services. This policy defines the role and expectations of library volunteers and outlines procedures for recruiting, selecting, and training volunteers to ensure their time and talents are used effectively and responsibly. 1. Volunteer Definition A library volunteer is defined as an individual who provides services to, or on behalf of, the library without promise, expectation, or receipt of compensation for services rendered. Volunteers supplement, but do not replace, the work of paid staff and are not eligible for wages, benefits, or other compensation provided to city employees. Volunteer service does not create an employment or contractual relationship, and either the volunteer or the library may end the volunteer relationship at any time. 2. Application Process Individuals interested in volunteering at the library must submit a volunteer application. Volunteers are recruited and selected without regard to age, race, creed, color, national origin, religion, marital status, sexual orientation, gender, physical appearance, socioeconomic status, education level or any other legally protected characteristics. A background check, and where applicable, reference checking may be required before a candidate can begin an assignment. Volunteers are selected based on their qualifications in relation to the needs of the library. Volunteers are placed in positions that best align with their skills, interests and availability. The library does not guarantee placement for any prospective volunteer and reserves the right to accept or decline any application at its discretion. Volunteers under the age of 18 must have written parental or guardian consent and cannot volunteer more than 4 hours per day. Generally, the library will not accept volunteers under the age of 14. 3. Training and Responsibilities All volunteers must complete a library orientation and any required training and review relevant library policies and procedures before beginning service. Volunteer assignments and schedules are coordinated by a designated library staff member. Volunteers may assist staff with a variety of tasks, including programming support, cleaning and light maintenance, circulation support (such as shelving, shelf -reading, and shifting collections), collection maintenance, and special or short-term projects. LIB — 30.601 LIBRARY VOLUNTEER POLICY 29 Effective Date: Pending Page 2 of 2 CITY OF KENAI LIB— 30.601 LIBRARY VOLUNTEER POLICY Approved by: Library Director, City Attorney , City Manager While performing library duties, volunteers represent the library and are expected to follow all library policies and conduct themselves professionally, particularly when interacting with the public. 4. Confidentiality and Privacy Volunteers are not permitted access to patron records, confidential information, or the library's circulation system or Integrated Library System (ILS). Volunteers may not perform any activities that could disclose confidential patron information and may access non-public areas of the library only while actively volunteering and under staff supervision. The library is committed to protecting patron privacy. Volunteers may become aware of information that is confidential in nature. Such information must be kept strictly confidential and may not be disclosed to any person, including family, friends, or acquaintances. Volunteers may not remove, copy, or disclose any library records, reports, or documents in any form. 5. Policy Administration The Library Director is authorized to develop, implement, and revise administrative procedures necessary to administer this policy. Effective Date I Description of Ch September 2022 Initial policy drafted Pendina Policv title. format. and numberina updated See Also: LIB-30.301, LIB-30.201, LIB — 30.601 LIBRARY VOLUNTEER POLICY 30 KENAI CITY OF KENAI ORDINANCE NO. 3545-2026 Sponsored by: Administration AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL AND SENIOR CENTER IMPROVEMENT CAPITAL PROJECT FUNDS TO PROVIDE SUPPLEMENTAL FUNDING FOR THE SENIOR CENTER CANOPY ROOF REPLACEMENT PROJECT. WHEREAS, funding for this project was originally completed through the Capital Budget and additional funding and award of the contract was completed through Ordinance 3533-2026; and, WHEREAS, the structural joists supporting the roofing are in poor condition and need replacement; and, WHEREAS, an additional appropriation of $45,000 is needed to replace the joists and the metal trim and soffit; and, WHEREAS, a double reading of this ordinance is requested to facilitate completion of repairs during this construction season; and, WHEREAS, pursuant to KMC 1.15.070(d) the City may introduce and finally pass on the same day, an ordinance making, repealing, transferring or otherwise changing and appropriation; and, WHEREAS, it is in the best interest of the City to appropriate these additional funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues — Appropriation of Fund Balance $45,000 Increase Appropriations — Transfer to Senior Center Improvement Capital Fund $45,000 Section 2. That estimated revenues and appropriations be increased as follows: Senior Center Improvement Capital Project Fund: Increase Estimated Revenues — Transfer from General Fund $45,000 Increase Appropriations — Canopy Roof Repair - Construction $45,000 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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3545-2026 Page 2 of 2 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 16T" DAY OF SEPTEMBER, 2026. ATTEST: Michelle M. Saner, MMC, City Clerk Approved by Financ e: . a Henry H. Knackstedt, Mayor Introduced Enacted: Effective: September 16, 2026 September 16, 2026 September 16, 2026 New Text Underlined; [DELETED TEXT BRACKETED] L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Lee Frey, Public Works Director DATE: September 8, 2026 SUBJECT: Ordinance No. 3545-2026 - Increasing Estimated Revenues and Appropriations in the General and Senior Center Improvement Capital Project Funds to Provide Supplemental Funding for the Senior Center Canopy Roof Replacement Project. This memo requests Council's approval to appropriate additional funds for the Senior Center Canopy Roof Replacement. Original funding was appropriated through the Capital Budget for this project. This contract was awarded to Orion Construction and additional funding was appropriated through Ordinance 3533-2026. The roof had been leaking for an extended period of time and replacement of what was expected to be damaged roof sheathing was included in the project scope. After demolition of the roofing and sheathing was completed, it was determined that the structural joists supporting the roofing are in poor condition and need replaced as well. A revised design to replace the joists and metal trim and soffit was completed to develop a quote for replacement. An additional $45,000 is needed to complete the additional work. Appropriation of the additional funding is in the best interest of the City. A double reading of the Ordinance is requested to be able to approve the additional work as soon as possible as the work is currently on hold. Council's approval is respectfully requested. KENAI CITY OF KENAI RESOLUTION NO. 2026-61 Sponsored by: Administration A RESOLUTION AUTHORIZING PURCHASE OF TWO POLICE INTERCEPTORS USING THE CITY'S FLEET REPLACEMENT FUND AND THE STATE OF ALASKA EQUIPMENT FLEET CONTRACT. WHEREAS, the City evaluated its utility vehicles within its fleet to determine the efficiency of current vehicles and replacement needs; and, WHEREAS, the City fleet replacement plan calls for the replacement of two Police Interceptor Ford Explorer SUVs in FY26, which are now available under a State of Alaska equipment fleet contract pricing; and, WHEREAS, the Police Department requests to order/purchase two Police Interceptor Ford Explorer SUVs for a total estimated cost of $112,420 ($56,210 each); and, WHEREAS, upfitting of the two vehicles at a not to exceed cost of $40,000 will be completed with City Fleet Replacement Funds; and, WHEREAS, funding for this purchase is available in the City's Fleet Replacement Fund and this does not require further appropriation; and, WHEREAS, KMC 7.15.070(b)(4) allows the City of Kenai to purchase equipment without competition if the equipment is purchasable under the contract of another governmental agency in which contract the City is authorized to participate; and, WHEREAS, in past years the City of Kenai has purchased vehicles through the State of Alaska equipment fleet contract and this purchase is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to use the Fleet Replacement Fund for the purchase of two Police Interceptor Ford Explorer SUVs at the approximate cost of $112,420. Section 2. That the City Manager is authorized to use State of Alaska Equipment Fleet Contract for the purchase of two Police Interceptor Ford Explorer SUVs from Kendall Ford in accordance with KMC 7.15.070(b)(4). Section 3. That the City Manager is authorized to use the Fleet Replacement Fund for the upfitting of the two Police Interceptor Ford Explorer SUVs at the not to exceed cost of $40,000. Section 4. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 16T" DAY OF SEPTEMBER 2026. ATTEST: Henry H. Knackstedt, Mayor New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2026-61 Page 2 of 2 Michelle M. Saner, MMC, City Clerk Finance New Text Underlined; [DELETED TEXT BRACKETED] L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Eric Jean, Assistant Director of Public Works DATE: September 8, 2026 SUBJECT: Resolution No. 2026-61 - Authorizing Purchase of Two Police Interceptors Using the City's Fleet Replacement Fund and the State of Alaska Equipment Fleet Contract. This Resolution authorizes the purchase of two Police Interceptor Ford Explorer SUVs for use as police vehicles for the City of Kenai and using the City's Fleet Replacement Fund for this purchase. Additionally, it authorizes the purchase of the vehicles through Kendal Ford because they are able to give us the Alaska State equipment fleet contract pricing for the selected vehicles. The cost of the Police Interceptors is approximately $112,420 ($56,210 each). Lastly it authorized use of the City's Fleet Replacement fund in the not to exceed amount of $40,000 to upfit the vehicles. In accordance with the City's fleet replacement plan, the Police Department was scheduled to replace these two vehicles in FY26. The Police Interceptor Ford Explorer SUVs are available under the State Contract pricing. Additional cost to upfit the vehicles will also be spent using the City's Fleet Replacement Fund and those purchases will be made according to the Purchasing Policy. This amount will not exceed $40,000 for both vehicles and will consist of items such as bumpers, light bars, consoles, gun locks, partitions, transport seats, window barriers, decals, winter tires and rims and other accessories as needed. KMC 7.15.070(b)(4) allows the City of Kenai to purchase equipment without giving an opportunity for competitive bidding if the equipment is purchasable under the contract of another government agency in which contract the City is authorized to participate. Thank you for your consideration. KENAI CITY OF KENAI RESOLUTION NO. 2026-62 Sponsored by: Administration A RESOLUTION AUTHORIZING A CONTRACT AWARD FOR SCADA DESIGN AND INSTALLATION SERVICES. WHEREAS, a Request for Proposals was released on July 31, 2026 with proposals due on August 27, 2026 for SCADA Design and Installation Services; and, WHEREAS, six proposals were received and proposals were scored by an evaluation committee as follows: Consultant Score TecPro Ltd. 343.8 Electrical Power Systems, Inc. 316.5 Industrial Systems, Inc. 300.2 Alaska Automation 277.9 Selva LLC 182.2 Kachemak Electric Co. 144.0; and, WHEREAS, TecPro Ltd. was the highest-ranking proposal; and, WHEREAS, the proposals were determined to be responsive and responsible; and, WHEREAS, the SCADA Design and Installation Services project will begin with a $20,000 contract to complete an evaluation of the system before establishing the project's scope and negotiating a cost to design and install a replacement system; and, WHEREAS, Council's authorization for the work to complete the replacement of the system will be provided through a purchase order increase request and funding the project may require a future Ordinance or Resolution depending upon final negotiated costs; and, WHEREAS, it is in the best interest of the City to award the contract for SCADA Design and Installation Services to TecPro Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a contract with TecPro Ltd. in the amount of $20,000 for SCADA Design and Installation Services. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 16T" DAY OF SEPTEMBER, 2026. Henry H. Knackstedt, Mayor Resolution No. 2026-62 Page 2 of 2 ATTEST: Michelle M. Saner, MMC, Approved by Finance: City Clerk zj):� New Text Underlined; [DELETED TEXT BRACKETED] L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Lee Frey, Public Works Director DATE: September 9, 2026 SUBJECT: Resolution No. 2026-62 - Authorizing a Contract Award for the SCADA Design and Installation Services. The Request for Proposals for SCADA Design and Installation Services was released on July 31, 2026 and six proposals were received by the due date on August 27, 2026. Proposals were reviewed and scored by an evaluation committee. Proposals received and scores are as follows: Consultant Score TecPro Ltd. 343.8 Electrical Power Systems, Inc. 316.5 Industrial Systems, Inc. 300.2 Alaska Automation 277.9 Selva LLC 182.2 Kachemak Electric Co. 144.0 TecPro Ltd. was the highest ranking proposal for the project. The initial contract will be for $20,000 to complete an evaluation of our existing SCADA system for the water treatment and distribution system. In the future, a purchase order increase will be requested for this project that will be for replacement of the existing system after negotiations are completed for the project's scope and cost of services+. That increase will be completed through a change order and will not require a Resolution to award the work, but may require an Ordinance or Resolution to fund the project depending upon the final negotiated cost. It is in the best interest of the City to award the contract for SCADA Design and Installation Services to TecPro Ltd. KENAI CITY COUNCIL — REGULAR MEETING Page 67 SEPTEMBER 2, 2026 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR HENRY H. KNACKSTEDT, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on September 2, 2026, in City Hall Council Chambers, Kenai, AK. Mayor Knackstedt called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Knackstedt led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Henry Knackstedt, Mayor Victoria Askin, Vice Mayor Sovala Kisena Bridget Grieme Glenese Pettey Deborah Sounart (remote participation) Phil Daniel A quorum was present. Also in attendance were: Scott Bloom, City Attorney Kevin Buettner, Planning Director (remote participation) Lee Frey, Public Works Director Ryan Coleman, Police Chief Shellie Saner, City Clerk Logan Parks, Deputy City Clerk 3. Agenda and Consent Agenda Approval Mayor Knackstedt noted the following additions to the Packet: Add to item E.1. Public Hearing - Ordinance No. 3542-2026 • Public Comments Add to item E.3. Public Hearing - Resolution No. 2026-59 • Request to Postpone Indefinitely Add to item EA. Public Hearing - Resolution No. 2026-60 • Resolution No. 2026-60 (Substitution) [Clerk's Note: Agenda item H. 2. Ordinance No. 3544-2026 was added to the Consent Agenda.] MOTION: Vice Mayor Askin MOVED to approve the agenda and consent agenda with the requested revisions. Council Member Daniel SECONDED the motion. The items on the Consent Agenda were read into the record. Mayor Knackstedt opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. City of Kenai Council Meeting Page 1 of 7 September 2, 2026 UNANIMOUS CONSENT was requested. VOTE: There being no objection; 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 ADMINISTRATIVE REPORTS - None. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. PUBLIC HEARINGS 1. Ordinance No. 3542-2026 - Providing for the Submission to the Qualified Voters of the City of Kenai, at the Regular Election to be Held on November 3, 2026, the Question of Enacting Kenai Municipal Code, Section 7.05.031- Residential Property Tax Exemption, to Establish a Residential Property Tax Exemption in the Amount of $75,000. (Knackstedt, Kisena) MOTION: Vice Mayor Askin MOVED to enact Ordinance No. 3542-2026. Council Member Daniel SECONDED the motion. Mayor Knackstedt opened the floor for public comment. Duane Bannock addressed the Council in support of Ordinance No. 3542-2026, noting the potential financial benefit of the proposed property tax exemption to homeowners, particularly young families and first-time homeowners; and supported increasing senior citizen and disabled property tax exemptions to align with those offered by the Kenai Peninsula Borough and indicated his intent to bring those proposals forward for future consideration. Jim Butler addressed the Council in support of Ordinance No. 3542-2026, noting the proposed property tax exemption would provide an incentive for homeownership and investment in the community, particularly for young families choosing to reside in Kenai. John Ulen addressed the Council in support of Ordinance No. 3542-2026, noting the proposed property tax exemption would provide an incentive for young families to reside in Kenai. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding describing the proposed property tax exemption as an incentive; clarification was provided that Alaska Statute defines the provision as an exemption and that incentive language could be incorporated into a whereas clause. MOTION TO AMEND: Vice Mayor Askin MOVED to amend Ordinance No. 3542-2026 as follows: Sixth whereas clause to read, "an estimated [1,435] 1,421 property owners will be eligible for the proposed exemption exempting an estimated [$101,655,600] $99,743,700 in property value, including $3,346,500 of disabled veteran exemptions (49), [$35,037,400] $36,221,900 of senior exemptions [(533)] (551), and [$63,271,700] $60,175,300 of eligible property exemptions that do not qualify for the senior or disabled veteran exemption [(853)] 821; and," City of Kenai Council Meeting Page 2 of 7 September 2, 2026 Page 69 Seventh whereas clause to read, "the total financial impact to the City, at its current tax rate of 4.35 mills, is estimated to be [$442,202] 433,855 annually with the maximum savings to an individual property owner of $326.25 annually; and," Council Member Daniel SECONDED the motion to amend. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Danie MOVED to amend Ordinance No. 3542-2026 as follows: Section 3, Fiscal Impact paragraph to read, "Eligible property owners could see up to a $326.25 a reduction in their annual property tax liability due to a portion of their permanent place of residence assessed value being exempt from taxation. If approved, an estimated 1,421 property owners may be eligible, resulting in the exemption of $99,743,700 in property from taxation and reducing the City of Kenai's real property tax revenue by $433,885 annually based on the City's currently adopted mill rate of 4.35." Council Member Petty SECONDED the motion to amend. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. [Clerk's Note: There was a 10 minute recess.] MOTION TO AMEND: Council Member Pettey MOVED to amend Ordinance No. 3542-2026 as follows: Eighth whereas clause to read, "Whereas, it is intended that this exemption if approved by the voters incentivizes primary home ownership in Kenai; and," Vice Mayor Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: YEA: Knackstedt, Daniel, Grieme, Askin, Pettey, Kisena, Sounart NAY: None MAIN MOTION AS AMENDED PASSED. 2. Ordinance No. 3543-2026 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund and Accepting a Grant From the Federal Aviation Administration and Awarding a Contract for the Airport Perimeter and Security Fence Project. (Administration) [KMC 1.15.070(d)] 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Enactment (Requires Five Affirmative Votes) MOTION: Vice Mayor Askin MOVED to introduce Ordinance No. 3543-2026. Council Member Grieme SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to introduce. VOTE: There being no objection; SO ORDERED. MOTION: City of Kenai Council Meeting Page 3 of 7 September 2, 2026 Page 70 Council Member Petty MOVED to conduct the second reading on Ordinance No. 3543-2026. Vice Mayor Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to conduct the second reading. VOTE: There being no objection; SO ORDERED. MOTION: Vice Mayor Askin MOVED to enact Ordinance No. 3543-2026. Council Member Petty SECONDED the motion. Mayor Knackstedt opened the floor for public comments. There being no one wishing to be heard, the public comment period was closed. A summary overview of the memorandum as attached to Ordinance No. 3543-2026 was provided. Clarification was provided regarding the project cost difference; previously appropriated design funding; construction administration and administrative costs; and that a future resolution would be brought forward to approve the contract. VOTE: YEA: Daniel, Grieme, Askin, Pettey, Kisena, Sounart, Knackstedt NAY: None MOTION PASSED. 3. Resolution No. 2026-59 -Authorizing a Contract Award for the Sixth Street Construction Project. (Administration) MOTION: Vice Mayor Askin MOVED to adopt Resolution No. 2026-59. Council Member Daniel SECONDED the motion. Mayor Knackstedt opened the floor for public comments. There being no one wishing to be heard, the public comment period was closed. A summary overview of the memorandum requesting postponement indefinitely was provided. MOTION: Vice Mayor Asking MOVED to postpone Resolution No. 2026-59 indefinitely. Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to postpone indefinitely. VOTE: There being no objection; SO ORDERED. 4. Resolution No. 2026-60 - Authorizing a Contract Award for the Strategic Plan Consulting Services. (Administration) MOTION: Vice Mayor Askin MOVED to adopt Resolution No. 2026-60. Council Member Daniel SECONDED the motion. Mayor Knackstedt opened the floor for public comments. There being no one wishing to be heard, the public comment period was closed. MOTION: Vice Mayor Askin MOVED to amend Resolution No. 2026-60 by Substitution Resolution No. 2026-60. Council Member Daniel SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend by Substitution. VOTE: There being no objection; SO ORDERED. City of Kenai Council Meeting Page 4 of 7 September 2, 2026 Page 71 A summary overview of the memorandum as attached to Resolution No. 2026-60 Substitute was provided. UNANIMOUS CONSENT was requested the substitute. VOTE: There being no objection; SO ORDERED. MOTION PASSED. F. MINUTES 1. *Regular Meeting of August 19, 2026. (City Clerk) Approved by the consent agenda. G. UNFINISHED BUSINESS - None. H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Ordinance No. 3544-2026 - Amending Kenai Municipal Code Chapter 1.56 Kenai Municipal Library Department, Removing the Library Regulations from the Appendices of Kenai Municipal Code, and Amending the City of Kenai Schedule of Rates, Changes, and Fees for Housekeeping Purposes and to Align the Library with Other City Departments. (Administration) Approved by the consent agenda. [Clerk's Note: Ordinance No. 3544-2026 was added to the consent agenda.] I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Commission No report, next meeting September 10, 2026. 2. Airport Commission No report, next meeting September 10, 2026. 3. Parks and Recreation Commission Council Member Grieme reported on the August 27, 2026 Work Session Tour, next meeting September 3, 2026. 4. Planning and Zoning Commission Vice Mayor Askin reported on the August 26, 2026 meeting, next meeting September 9, 2026. 5. Beautification Commission No report, next meeting September 8, 2026. J. REPORT OF THE MAYOR Mayor Knackstedt reported on the following: • Met with ENSTAR President John Sims regarding natural gas supply concerns and the potential for shortages during the upcoming winter. • Attended the Kenai Peninsula Food Bank Soup Supper fundraiser; Industry Appreciation Day; and the Old Timers Luncheon. City of Kenai Council Meeting Page 5 of 7 September 2, 2026 The 2026 Kenai Silver Salmon Derby was cancelled. K. ADMINISTRATION REPORTS 1. City Manager - Acting City Manager Frey reported on the following: • Welcomed new firefighter Malena Grieme, and new janitors Mathyas Smith and Ellis Notmeyer. • Congratulated Branden Skinner on his promotion to Lead Operator and Animal Control Chief Ian Braman on his selection as President of the Alaska Animal Control Association Board. • Provided an update on open recruitment. • Wildwood Drive repave was preliminary scheduled for late September. • Provided an update on the Small Community Air Service Development Grant application. • The Kenai Silver Salmon Derby would not be held in 2026 and was anticipated to return in 2027. • The annual public surplus auction was completed and a second auction would be held for remaining items. 2. City Attorney - No report. 3. City Clerk - City Clerk Saner reported on the following: • Alaska Municipal League Annual Conference in December. • Mobile Food Vendor webpage and application have been updated. • Candidate filing period updates for Kenai and surrounding communities. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) Duane Bannock addressed the Council with appreciation for their action and unanimous support for Ordinance No. 3542-2026 and he indicated support for any additional public informational work session the City may choose to hold on the subject. 2. Council Comments Council Member Kisena appreciated public participation and the respectful exchange of differing opinions. Council Member Sounart wished everyone well. Council Member Daniel reminded motorists to watch for children as the school year begins. Council Member Grieme recognized National Library Card Month and encouraged community members to get their library card. Council Member Pettey stated her appreciation for the opportunity to serve and represent the community. Vice Mayor Askin reported attending Industry Appreciation Day and the Food Bank fundraiser. M. EXECUTIVE SESSION - None. N. PENDING ITEMS O. ADJOURNMENT City of Kenai Council Meeting Page 6 of 7 September 2, 2026 P. INFORMATIONAL ITEMS - None. There being no further business before the Council, the meeting was adjourned at 7:20 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of September 2, 2026. Michelle M. Saner, MMC City Clerk ** The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes will not affect the outcome of the official council vote. Advisory votes will be recorded in the minutes. A student representative may not move or second items during a council meeting. City of Kenai Council Meeting Page 7 of 7 September 2, 2026 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: SEPTEMBER 16, 2026 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS PERS VARIOUS LIABILITY 118,516.91 PREMERA AUGUST PREMIUM VARIOUS INSURANCE 225,272.44 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 104,998.18 PURCHASE ORDERS OVER $35,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: SEPTEMBER 16, 2026 VENDOR DESCRIPTION INCREASE OF EXISTING PURCHASE ORDER DEPT. ACCOUNT AMOUNT VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT CONSTRUCTION KENAI MUNICIPAL AIRPORT PERIMETER 130823 - A/P ADMINISTRATION HDL ENGINEERING FENCE & GATE IMPROVEMENTS IMPROVEMENTS SERVICES 552,507.00 798,840.00 L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Lee Frey, Public Works Director DATE: September 8, 2026 SUBJECT: Kenai Municipal Airport Perimeter Fence & Gate Improvements Construction Administration — PO Increase The Public Works Department recommends an increase of $552,507 to the Kenai Municipal Airport Perimeter Fence & Gate Improvements Project contract with HDL Engineering Consultants, Inc (HDL). to perform construction administration services for the project. The existing contract is for $246,333 for design services for the project. Ordinance 3543-2026 accepted the FAA grant for the project and awarded the construction contract. This PO increase amount was approved in the grant application package for construction administration services. The City will negotiate a smaller amount to start the services, but requests authorization of the full amount to approve as needed on the project. The services will include daily construction oversight and reporting for FAA grant compliance. HDL Engineering was awarded a term contract for consulting services for the Kenai Municipal Airport which allows the City to negotiate directly with them on these projects. The Public Works Department recommends approving this increase to complete this work. Thank you for your consideration and I am available for any questions. Page 77 • City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city MEMORANDUM TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe DATE: September 8, 2026 SUBJECT: Action/Approval - Non -Objection to the Acceptance and Appropriation of a Donation from the Derek Kaufman Fund in the Amount of $1,000 in Accordance with KMC 7.25.030. Background: The Kenai Community Library received a donation of $1,000 for general support from the Derek Kaufman Fund, a Hilcorp donor advised fund of the Alaska Community Foundation. The donation will be used to support programming for all ages. • Donor/Grantor: Derek Kaufman • Amount: $1,000 • Purpose: General support • Intended Use: Purchase of supplies to support programming for all ages. Intended Appropriation: That the City Manager intends to increase estimated revenues and appropriations as follows: Fund: General Fund -- Library Increase Estimated Revenues — Miscellaneous Donations $1,000 Increase Appropriations — Operating and Repair Supplies $1,000 Page 78 • City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city MEMORANDUM TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe DATE: September 8, 2026 SUBJECT: Action/Approval — Non -Objection to the Acceptance and Appropriation of the Fiscal Year 2027 Public Library Assistance Grant in the Amount of $7,000 in Accordance with KMC 7.25.030. Background: The Kenai Community Library has been awarded the annual Public Library Assistance Grant by the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums. The amount for FY 2027 is $7,000. To receive the funds, the library must meet various eligibility requirements, including maintaining a collection, providing Interlibrary Loan and reference services, offering children's programming, and the library director's participation in continuing education. The funds will be used to purchase library materials. • Donor/Grantor: State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums • Amount: $7,000 • Purpose: Operating support • Intended Use: Purchase of library materials Intended Appropriation: That the City Manager intends to increase estimated revenues and appropriations as follows: Fund: General Fund -- Library Increase Estimated Revenues — Library, State Grants $7,000 Increase Appropriations — Books $7,000 • City of Kenai MEMORANDUM 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city TO: City Council Members FROM: Henry Knackstedt, Mayor DATE: September 10, 2026 SUBJECT: Action/Approval - Confirmation of Mayoral Nomination of Joshua Bolling as Student Representative to City Council and Caroline Karpik as Student Representative to the Council on Aging Commission. Pursuant to Kenai City Council Student Representative Policy 20.100, Student Representative Applications and informational packet were distributed to Kenai Central High School, Kenai Alternative High School and Connections Homeschool. Two applications were received from Kenai Central High School students Joshua Bolling and Caroline Karpik and are attached for your consideration. Mr. Bolling and Ms. Karpik meet the requirements for appointments as Student Representative to City Council and the Council on Aging Commission. Council Confirmation of the following appointments are requested: Joshua Bolling - Student Representative to City Council Term September 16, 2026 - August 31, 2027 Caroline Karpik - Student Representative to the Council on Aging Commission Term September 16, 2026 - August 31, 2027 Your consideration is appreciated. Application for 6? 1. City of Kenai Student Representative ` - City Clerk's Office Phane: 907-283-8246 �'" t I 210 Pidalgo Avenue Fax: 907-283-5D68 Kenai, Alaska 99611 Email: citycierk@keoai.city Commission or Council applying for, please select only one from the list belomr; 1 Airport Commission ❑ .Beautiffcation Commission 0 City Council Applicant Information: Name: _106kea u 11 h ► Mailing Address: Residence Address: Email Address: • Do you reside within the Kenai City Limits? ❑ Council on Aging Commission ❑ Park5 & Recreation Commission ❑ Panning &Zoning Commission Horne Phone• Cell Phone: Alt. Phone: /V! Grade level: II • Does your schedule permit you to attend required meetings? • Are you a student in good standing at a School within Kenai City Limits? School attending: • Are you a member of a leadership group or student council of your school? Identify your leadership group: _ 6 f,4,C '4' CV"^--'1 i Yes ❑ No 0 Yes ❑ No 0 Yes ❑ No 0 Yes ❑ No • If the Commission or Council you applied for is unavailable, would you be open to appointment to a different one. If yes, please indicate which ones by listing one or more in the order of preference for appointment. pp dd, 4. 2. P1G rti►�i o� ZUn; r� S. 3. 6. **Complete Reverse Side** City of Kenai Student Representative Application Page 1 of 2 Provide a brief statement describing your interest in serving Commission or Council you1 are applying for. Page 81 as student representative to the Gau. Aal 4 #. dc+L t TO hr"$ nr� �- 1 �� iii�'GI+' ' ', ka"MJ 71x+le"11 +4 1 Loco, ��r�r� . 1l MM h r� CA eT-11CA G i n 5' uJ'-� �` f .VerAMen c`1Ad 6W iC. ie ccs� Lw . CVG 8 i ��'� in�err Pn J� r a lu D>I ��u�LA e_r4i _G �C ►� � -r(\)'PA5 Mo tr ��,�''� �'� ii�-+� mar.+ ������� ��� ����� �►�.� F '� �'.�,�, _r Parent or Legal Guardians Approval ` f parent or legal guardian of L�� understand that if appointed as a student repre ative my child will be required to attend regular meeting the commission or council appointed to during the regular school year. Ifurther understand that the merits of my child may be discussed in a public forum during the appointment process and that the name of my child may be published in a newspaper or other media outlet. Signature of Parent or Legal Guardian: Date: School Administration Approval I confirm that the applicant is a student in good standing at J `fir r' _ and that the school administration fully supports this appointment. T Print school Name Signature of Principal:. r Date: Students Affidavit I understand that this is a voluntary, appointed position to be selected by the Mayor and confirmed by the City Council, and requires regular attendance at regular meetings. I further understand that this application is public information and the merits of my appointment may be discussed in a public forum. In addition, my name may be published in a newspaper or other media outlets. Signature of Applicantv�� Date: 621 �/ + Fop OFFICE Resident of the City: -Yes ❑-Nv Student in good standing at a School in City Limits: des ©-Na Obtained Parent or Legal Guardians Permission: � s ❑-No Obtained School Administrations Permission: lies 0-No City of Kenai Student Representative Application Page 2 of 2 • Application for City of Kenai Student Repmentative City Clerk's Office Phone- 907-283-8246 KE NAI 210 FidaIgo Avenue Fax:907-283-5068 Kenai, Alaska 99611 Email: cityclerk@kenai.city Commission or Council applying for, please select only one from the list below: ❑ Airport Commission ... Council on Aging Commission ❑ Beautification Commission ❑ Parks & Recreation Commission ❑ City Council ❑ Panning & Zoning Commission Applicant Information: Name: C rolivie 16ar i k Mailing Address: _ Residence Address: Email Address: Home Phone: Cell Phone: Alt. Phone: Grade Level: I2. ■ Do you reside within the Kenai City Limits? ,71 Yes Cl No • Does your schedule permit you to attend required meetings? D Yes O No • Are you a student in good standing at a School within Kenai City Limits? "i Yes 0 No School attending; Vkelnal QViVva l �Ur V, School • Are you a member of a leadership group or student council of your school? --7 Yes D No Identify your leadership group; S Fu dc"llr C O u fn C i 1 • If the Commission or Council you applied for is unavailable, would you be open to appointment to a different one. If yes, please indicate which ones by listing one or more in the order of preference for appointment. 1. Parks' -avid Recrea�-%Qvl z. 3ea uh-F i ca ho vn 3. PW%vvlhr� and Fo I 4. A lr. OYi- 6. "Complete Reverse Side** City of Kenai Student Representative Application Page 1 of 2 Provide a brief statement describing your interest in serving as student representative to the Commission or Council you are applying for, wouid tyke k serv-e oh tinit Couvico oln RL_inc, comp-;, ssioyn so +Hai k��... the -e h. ScInoo -q tuc,Fvt�S kgvc rnolJhk , rieforFS ahol M�eraHoinal p ro gw-ay - T 6e u e we 4 i 5 i n: oyia"a--ha o s he lr C oy"-e c u o o 5 b 0 w e- myl H';�A-C a qe Y-a tric" e5 4-y b ra3oLaln +i^-e- �- er. r. e i Ves 0 a t1 Parent or Legal Guardians Approval I, �t . iz tc o parent or legal guardian of Ca r0 l iVQ >r� . i k _ ,understand that if appointed as a student representative my chilli will be required to attend regular meeting of the commission or council appointed to during the regular school year. I further understand that the merits of my child may be discussed in a public forum during the appointment process and that the name of my child may be published in a newspaper or other media outlet. /1�fy- Signature of Parent or Legal Guardian: School Admfnistration Approval Date: A Lk o 12-6 I confirm that the applicant is a student in good standing at _lc±f�nB1 Cey*ral Hi in nth ocal and that the school administration fully supports this appointment. T Print school Name Signature of Principah Students Affidavit Date: P /p/'? 4 I understand that this is a voluntary, appointed position to be selected by the Mayor and confirmed by the City Council, and requires regular attendance at regular meetings. I further understand that this application is public information and the merits of my appointment may be discussed in a public forum. In addition, my name may be published in a newspaper or other media outlets. I Signature of Applicant; �� — Date: 9 1 Q go FOR OFFICE Resident of the City. }des 0-No Student in good standing at a School in City Limits: es ❑-No Obtained Parent or legal Guardians Permission: es ❑-No Obtained School Administrations Permission: Yes ❑-No City of Kenai Student Representatiw Application Page 2 of 2 L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Council Members FROM: Council Member Grieme DATE: September 3, 2026 SUBJECT: Council Employee Review Consultant Per the consultant and Ms. Randall, the scope of work would include: • Review existing tools and process with Ms. Randall. • Interview council members. • Interview those being evaluated. Interviews would focus on the effectiveness of the tool and the current process to determine what is working, and what could be working better. • Update tools and process to incorporate identified changes including best practices for Council appointment positions. • Review with council. • Finalize tools and process. The anticipated cost would be approximately $4,375—$4,900, depending on the final scope and actual time required. Council may want to consider the creation of a committee. In my conversations with the three evaluated employees, all voiced support of this project, as did Ms. Randall. KENAI PLANNING & ZONING COMMISSION — REGULAR MEETING Page 85 AUGUST 26, 2026 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR KEATON, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on August 26, 2026, in City Hall Council Chambers, Kenai, AK. Chair Keaton called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Keaton led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Jeanne Keaton, Chair Alex Douthit, Vice Chair Gwen Woodard Stacie Krause A quorum was present. Absent: Sonja Earsley Also in attendance were: Kevin Buettner, Planning Director Victoria Askin, City Council Liaison Logan Parks, Deputy City Clerk Marty Askin Diane Fikes 3. Agenda and Consent Agenda Approval Chair Keaton noted the following additions to the Packet: Add to item G.3 Add to item GA Add to item G.7 Public Comment Public Comment Public Comment MOTION: Vice Chair Douthit MOVED to approve the agenda and consent agenda with the requested revisions. Commissioner Woodard SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Keaton opened the floor for public comment on consent agenda items; 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. *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 Commissioner 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. Planning & Zoning Commission Page 1 of 8 August 26, 2026 B. APPROVAL OF MINUTES 1. *Regular Meeting of August 12, 2026. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS - None. F. PUBLIC HEARINGS - None. G. UNFINISHED BUSINESS 1. Resolution PZ2026-20 - Recommending Approval of a Rezone of Parcels 04923002, 04923003, and 04923004, with the Physical Addresses of 5940 & 5968 Kenai Spur Highway and 220 N. Fern Street, From Limited Commercial to Rural Residential. MOTION: Vice Chair Douthit MOVED to approve Resolution PZ2026-20. Commissioner Woodard SECONDED the motion. Planning Director Buettner read the staff report as included in the packet and attached to Resolution PZ2026-20; and noted that the applicant had withdrawn the request to rezone. Chair Keaton opened the floor for public comments. There being no one wishing to be heard, the public comment period was closed. MOTION: Vice Chair Douthit MOVED to postpone Resolution PZ2026-20 indefinitely. Commissioner Woodard SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to postpone indefinitely. VOTE: There being no objection; SO ORDERED. 2. Resolution PZ2026-21 - Granting a Conditional Use Permit for the Operation of a Six (6) Space Recreational Vehicle Park on parcel 04331037. MOTION: Vice Chair Douthit MOVED to approve Resolution PZ2026-21. Commissioner Askin SECONDED the motion. Planning Director Buettner read the staff report as included in the packet and attached to Resolution PZ2026-21. Chair Keaton opened the floor for public comments. There being no one wishing to be heard, the public comment period was closed. Clarification was provided that the written comment in support submitted by a neighboring property owner was omitted from the packet in error; the landscaping and screening requirements for the property; and no on -site recreation vehicle wastewater disposal was proposed or permitted. There was discussion regarding the nature of the existing use; the length of time operating with the existing use; the absence of known complaints or oppositions; and the Lodge's involvement in the community. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. Planning & Zoning Commission Page 2 of 8 August 26, 2026 Chair Keaton noted the 15-day appeal period. 3. Resolution PZ2026-22 - Granting a Conditional Use Permit for Surface Extraction of Natural Resources on KPB Parcel 04901069. MOTION: Vice Chair Douthit MOVED to approve Resolution PZ2026-22. Commissioner Woodard SECONDED the motion. Planning Director Buettner read the staff report as included in the packet and attached to Resolution PZ2026-22. Chair Keaton opened the floor for public comments. Curt Wilcox, neighboring property owner, spoke in opposition to the Resolution, noting concerns regarding compliance with the existing Conditional Use Permit and City requirements; excavation within buffer areas and below the water table; noise mitigation; potential impacts to adjacent property and water resources, including an anadromous stream originating on his property; and he requested continued compliance with the requirements of the existing Conditional Use Permit. Clarification was provided regarding City Code requirements governing excavation below the water table. Nick Staller, Area Manager for Quality Asphalt Paving (QAP), spoke in support of the Resolution, outlining the proposed operations; site access and hours of operation; excavation below the water table and site reclamation; truck traffic and school bus activity; the use of white -noise backup alarms, and the anticipated excavation depths. Gina DeBardelaben, Civil Engineer with McLane Consulting, spoke in support of the Resolution, outlining the firm's involvement with the permit application; prior site investigations; excavation below the water table; potential ground water impacts; proposed buffer areas; and operating hours, including potential nighttime operations. There being no one else wishing to be heard, the public comment period was closed. MOTION TO AMEND: Vice Chair Douthit MOVED to amend Resolution PZ2026-22 as follows: Section 2, insert a new 81" condition to read, "The permittee must install multi -frequency (white noise) back-up alarms on all equipment and vehicles that have existing state or federal back-up alarm requirements." Commissioner Askin SECONDED the motion. VOTE ON MOTION TO AMEND: YEA: Woodard, Keaton, Douthit, Fikes, Krause, Askin NAY: None ABSENT: Earsley MOTION TO AMEND PASSED. There was discussion regarding proposed limitations on nighttime operations and establishing standard operating hours of 7:00 a.m. to 7:00 p.m. Clarification was provided regarding the process for approving nighttime operations, notice requirements for permit modifications, applicability of the proposed restrictions to Lot 2, and potential impacts to project scheduling. MOTION TO AMEND: Commissioner Fikes MOVED to amend PZ2026-22 as follows: Planning & Zoning Commission Page 3 of 8 August 26, 2026 Page 88 Section 2, condition 4 to read, "The applicant will limit noise disturbance and not use compression release brakes (Jake brakes). Applicant will adhere to proposed hours of operation, 7AM to 7PM, with the allowance of outside hours being utilized [ON AN AS -NEEDED, PROJECT SPECIFIC BASIS AND NOT ONGOING] no greater than seven consecutive days without notification to City Administration." Vice Chair Douthit SECONDED the motion. VOTE ON MOTION TO AMEND: YEA: Keaton, Askin, Douthit, Fikes, Krause, Woodard NAY: None ABSENT: Earsley MOTION TO AMEND PASSED. VOTE ON MAIN MOTION AS AMENDED: YEA: Douthit, Keaton, Askin, Krause, Fikes, Woodard NAY: None ABSENT: Earsley MOTION PASSED AS AMENDED. 4. Resolution PZ2026-23 - Granting a Conditional Use Permit for Surface Extraction of Natural Resources on KPB Parcel 04901070. MOTION: Vice Chair Douthit MOVED to approve Resolution PZ2026-23. Commissioner Askin SECONDED the motion. Planning Director Buettner read the staff report as included in the packet and attached to Resolution PZ2026-23. Chair Keaton opened the floor for public comments. Curt Wilcox, neighboring property owner spoke in opposition to the Resolution, noting his previous testimony on Resolution PZ2026-22 also applied to this Resolution; and clarified the intent of his request for white -noise backup alarms was for application to all QAP operations and parcels in the Beaver Loop area. Nick Staller, Area Manger for Quality Asphalt Paving (QAP), spoke in support of the Resolution clarifying the proposed gravel extraction would support the company's projects. Gina DeBardelaben, Civil Engineer at McLane Consulting provided clarification regarding the material report and associated graphics; test hole data; material composition and depths; sieve analysis; suitability of materials for construction use; and stated that testing was performed at the City's request as part of the evaluation of property marketability. There being no one else wishing to be heard, the public comment period was closed. MOTION TO AMEND: Vice Chair Douthit MOVED to amend Resolution PZ2026-23 as follows: Section 2, insert a new 8th condition to read, "The permittee must install multi -frequency (white noise) back-up alarms on all equipment and vehicles that have existing state or federal back-up alarm requirements." Section 2, condition 4 to read, "The applicant will limit noise disturbance and not use compression release brakes (Jake brakes). Applicant will adhere to proposed hours of operation, 7AM to 7PM, with the allowance of outside hours being utilized [ON AN AS -NEEDED, PROJECT SPECIFIC BASIS AND NOT ONGOING] no greater than seven consecutive days without notification to City Administration." Planning & Zoning Commission Page 4 of 8 August 26, 2026 Commissioner Askin SECONDED the motion. VOTE ON MOTION TO AMEND: YEA: Askin, Douthit, Fikes, Krause, Woodard, Keaton NAY: None ABSENT: Earsley MOTION TO AMEND PASSED. VOTE ON MAIN MOTION AS AMENDED: YEA: Krause, Fikes, Woodard, Douthit, Keaton, Askin NAY: None ABSENT: Earsley MOTION PASSED AS AMENDED. 5. Resolution PZ2026-24 - Granting a Variance Permit for Surface Extraction of Natural Resources on KPB Parcel 04901069 within the Setback. MOTION: Commissioner Krause MOVED to approve Resolution PZ2026-24. Commissioner Woodard SECONDED the motion. Planning Director Buettner read the staff report as included in the packet and attached to Resolution PZ2026-24. Chair Keaton opened the floor for public comments. Curt Wilcox, neighboring property owner spoke in opposition to the Resolution, stating his previous testimony provided on Resolutions PZ2026-22 and PZ2026-23 also applied to this Resolution. Nick Staller, Area Manager for Quality Asphalt Paving, spoke in support of the Resolution noting the reduced setback would allow for greater gravel extraction from the property. Staff provided clarification regarding setback requirements, utility easements, shared line between adjoining material sites and site access. There was discussion regarding the surrounding land uses and the appropriateness of the reduced setbacks given the location of the property. There being no one else wishing to be heard, the public comment period was closed. VOTE: YEA: Keaton, Askin, Krause, Fikes, Woodard, Douthit NAY: None ABSENT: Earsley MOTION PASSED AS AMENDED. 6. Resolution PZ2026-25 - Granting a Variance Permit for Surface Extraction of Natural Resources on KPB Parcel 04901070 within the Setback. MOTION: Commissioner Douthit MOVED to approve Resolution PZ2026-25. Commissioner Woodard SECONDED the motion. Planning Director Buettner read the staff report as included in the packet and attached to Resolution PZ2026-25. Chair Keaton opened the floor for public comments. Planning & Zoning Commission Page 5 of 8 August 26, 2026 Page 90 Nick Staller, Area Manager for Quality Asphalt Paving spoke in support of the Resolution, noting the surrounding properties and the intent to maximize available material resources. Gina DeBardelaben, Civil Engineer at McLane Consulting provided clarification regarding adjacent property ownership, the size and use of an adjoining access area, and the status as an access point rather than a dedicated roadway. There was discussion regarding the reduced setbacks in relation to surrounding land uses and the limited potential impacts on residential developments. Curt Wilcox, neighboring property owner, noted concerns with use of his property for access; the proposed setback; and maintaining future access to the property. Staff provided clarification regarding the right-of-way, property boundaries, and the distance between the proposed excavation setback and potential future roadway. There being no one else wishing to be heard, the public comment period was closed. VOTE: YEA: Krause, Fikes, Woodard, Douthit, Keaton, Askin NAY: None ABSENT: Earsley MOTION PASSED. 7. Resolution PZ2026-26 - Granting a Variance Permit for Surface Extraction of Natural Resources on KPB Parcel 04911029 within the Setback. MOTION: Vice Chair Douthit MOVED to approve Resolution PZ2026-26. Commissioner Askin SECONDED the motion. Planning Director Buettner read the staff report as included in the packet and attached to Resolution PZ2026-26. Chair Keaton opened the floor for public comments. Curt Wilcox, neighboring property owner noted concerns regarding the proposed setback; potential groundwater contamination; excavation within an area identified as containing peat; and questioned if baseline and ongoing water quality testing should be conducted for nearby properties. Nick Staller, Area Manager for Quality Asphalt Paving, spoke in support of the Resolution clarifying that the setback would be maintained along Beaver Loop with a reduced 50-foot setback proposed along the boundary adjacent to the Kenai Peninsula Borough property to accommodate potential material extraction. Gina DeBardelaben, Civil Engineer at McLane Consulting provided clarification regarding the 50-foot setback; the borough property setback requirements; material testing; and the quality of gravel available withing the proposed reduced setback area. There was discussion regarding the proposed setback; future public access; the required 150-foot setback from nearby residence; and clarification was provided that the section line easement would remain unaffected as the variance applied only to the identified setback area. Staff clarified that the variance did not modify the existing Conditional Use Permit; stated contact would be made with the property owner and an on -site inspection to address compliance with existing noise - mitigation requirements would be performed; and provided an overview of the process for investigating potential Conditional Use Permit violations and complaints. Planning & Zoning Commission Page 6 of 8 August 26, 2026 Page 91 Mr. Wilcox, in response to Commission questions, presented an audio recording of the noise from existing operations. Mr. Staller indicated there would be discussions regarding the use of white -noise backup alarms on existing equipment with the company. In response to additional questions, Mr. Wilcox provided further testimony and presented a recording of There being no one else wishing to be heard, the public comment period was closed. VOTE: YEA: Fikes, Woodard, Douthit, Keaton, Askin, Krause NAY: None ABSENT: Earsley MOTION PASSED. H. NEW BUSINESS - None. I. REPORTS 1. Planning Director - No report. 2. Commission Chair Chair Keaton reported on the following: • Referenced the Kenai Peninsula Economic Development District Housing Assessment Report and emphasized the need for continued residential planning, including opportunities for middle housing and future residential growth. 3. Kenai Peninsula Borough Planning Commissioner Fikes reported on recent actions of the Kenai Peninsula Borough Planning Commission. 4. City Council Liaison Vice Mayor Askin reported on recent actions of the City Council. J. ADDITIONAL PUBLIC COMMENTS - None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: September 9, 2026 L. COMMISSION COMMENTS AND QUESTIONS Commissioner Krause thanked the City Council for their support with the Kenai Central High School Pool. Vice Chair Douthit noted support for the Kenai Peninsula Borough's efforts to return vacant land to productive use and encourage residential development. Chair Keaton noted the importance of addressing housing availability and affordability throughout the community and Borough, with support noted for continued efforts to encourage housing development. M. PENDING ITEMS - None. N. ADJOURNMENT O. INFORMATIONAL ITEMS - None. Planning & Zoning Commission Page 7 of 8 August 26, 2026 Page 92 There being no further business before the Planning & Zoning Commission, the meeting was adjourned at 10:00 p.m. I certify the above represents accurate minutes of the Kenai Planning & Zoning Commission meeting of August 26, 2026. Logan Parks, Deputy City Clerk Planning & Zoning Commission Page 8 of 8 August 26, 2026 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION DeepGreen Cook Inlet SPV, LLC Project No. 15423-000 NOTICE OF PRELIMINARY PERMIT APPLICATION ACCEPTED FOR FILING AND SOLICITING COMMENTS, MOTIONS TO INTERVENE, AND COMPETING APPLICATIONS (September 1, 2026) On February 11, 2026, as supplemented on June 26, 2026, DeepGreen Cook Inlet SPV, LLC filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the DeepGreen Cook Inlet Subsea -Compute & Infrastructure Hub Project (DeepGreen Project or project) to be located in the Upper Cook Inlet, East Foreland Corridor, Kenai Peninsula Borough, Alaska. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land -disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission. The proposed project would consist of the following: (1) approximately 330-350 marine hydrokinetic turbines utilizing a proprietary universal docking cradle system; (2) 66 modular subsea -compute hives (data center pods) integrated within the turbine array to utilize direct -coupled power and passive subsea cooling; (3) an approximately 3.5-mile long, 115 kV hybrid power/fiber-optic armored subsea cable; (4) a subsea cable landing site within the Nikiski Industrial Corridor, positioned between the Agrium Kenai Nitrogen Operations and the Kenai Liquefied Natural Gas Plant; and (5) appurtenant facilities. The estimated annual generation of the DeepGreen Project would be 100 megawatts, which would primarily be utilized to power the subsea data center. Spare electricity could be diverted to the grid via an interconnect with the Alaska Railbelt Grid at a dedicated terrestrial substation. Applicant Contact: Louis Wolfson, Managing Member, DeepGreen Cook Inlet SPV, LLC 100 Crescent Road, Needham, MA 02494; phone: (617)-799-32326. FERC Contact: Christopher Brosman; phone: (202) 502-8573. Email: Christopher.Brosman alferc.gov. Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: by 5:00 Project No. 15423-000 Page 94 -2- p.m. Eastern Time on November 2, 2026.1 Competing applications and notices of intent must meet the requirements of 18 C.F.R. § 4.36. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at hqs://ferconline.ferc.gov/eFilinc,.aWx. Commenters can submit brief comments up to 10,000 characters, without prior registration, using the eComment system at https:Hferconline.ferc.gov/QuickComment.aDx. For assistance, please contact FERC Online Support at FERCOnlineSupport(a7,ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Debbie -Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room IA, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie -Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any filing should include docket number P-15423-000. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation at (202) 502-6595 or OPP&ferc.gov. More information about this project, including a copy of the application, can be viewed on the Commission's website (hqp://www.ferc.p-ov using the "eLibrary" link. Enter the docket number, excluding the last three digits (P-15423), in the docket number field to access the document. For assistance, contact FERC Online Support. (Authority: 18 CFR 2.1) Carlos D. Clay, Deputy Secretary. 1 The Commission's Rules of Practice and Procedure provide that if a filing deadline falls on a Saturday, Sunday, holiday, or other day when the Commission is closed for business, the filing deadline does not end until the close of business on the next business day. 18 C.F.R. § 385.2007(a)(2) (2025). Because the 60-day filing deadline falls on a Saturday (i.e., October 31, 2026), the filing deadline is extended until 5:00 p.m. Eastern Time on November 2, 2026. A preliminary permit is under review by the Federal Energy Regulatory Commission (FERC Docket No. P-15423-000) for an Underwater Al Data Center in Cook Inlet proposed near Nikiski, Alaska, by DeepGreen Cook Inlet SPV LLC . z Anchorage Daily N... +2 Project Overview • Developer: DeepGreen Cook Inlet SPV LLC (a Delaware -registered East Coast company). • Capacity & Scale: A 100-megawatt artificial intelligence data center campus covering a 1,650-acre corridor. • Infrastructure: Up to 350 tidal turbines and 66 subsea computer server "hives" located 45 to 166 feet below the surface. • Cooling & Power: Naturally cooled by ocean water and powered by tidal movement. 0 Anchorage Daily N... +4 Ask anything Y no* Page 96 Terry Eubank From: Cynthia Mondani Sent: Wednesday, September 9, 2026 7:39 AM To: Terry Eubank Subject: Nikiski Data Center Attachments: pro-cgfizVfsS.jpeg Caution: This is an external email and has a suspicious subject or content. Please take care when clicking links or opening attachments. When in doubt, contact your IT Department Dear Terry Eubank, Our Family has a property in Soldotna on the Kenai River, so naturally we always have our finger on the pulse of what is going on with all the waters in Alaska. I'm writing to you because of our concern about the potential AI Data center in Nikiski. Enclosed is just a screenshot that I took from google that gives a quick description of the project. One look at this screenshot and the description of this center, even at a quick glance, proves that it should not be installed anywhere in the world, let alone in pristine alaska. I don't know what we can do to fight back against this. I do know from what I've seen in the lower 48, these projects are pushed through and built before anybody even realizes it. I also worry about the people of Nikiski, that will have to listen to the deafening twenty -four- hour a day hummingthat is basically intolerable and will rendertheir real estate completelyworthless. Please tell me what we can do as citizens - who we should call and who we should write to stop this project from occurring. I'm hoping that as one of our leaders, that you will be able to stand for the people of Alaska, and protect us, our wildlife, our ocean life, our waters, and our property. Respectfully, The Mondani Family From: Curt Wilcox To: City Clerk Subject: Fwd: Final copy for council Date: Wednesday, September 9, 2026 2:25:02 PM Caution: This is an external email and has a suspicious subject or content. Please take care when clicking links or opening attachments. When in doubt, contact your IT Department Begin forwarded message: From: laura sievert Date: September 9 2026 at 1:23:08 PM AKDT To: Curt Wilcox Subject: Final copy for council To the Kenai city council I oppose the proposed Deep Green data center that is being considered for Cook Inlet near Nikiski. Local government needs to address several significant concerns before permitting this project, especially considering that there appear to be to be very few, if any, advantages to the people who live here. I realize that the Kenai City Council may not be the place for a philosophical discussion about A.I. However, I don't think that the council should reflexively believe that A.I. is always a good thing, and that the more data centers we have the better off we will be as humans. I hope you are informed about the increasing risks of A.I. escaping human control, with unknown and possibly catastrophic consequences. Other more local downsides include: 1. Raising the water temperature of Cook Inlet, affecting all life in the inlet. Also, data centers are noisy, and will disrupt marine life and feeding grounds. 2. Where will this data center get its power? 3. The unknown consequences of construction in a seismically active area. 4. Last but not least, what about the designation of the Inlet as critical habitat for belugas (and habitat for other species). I haven't seen any mention of how the people of the city of Kenai will benefit. And it's certain that the ecosystem of Cook Inlet will not benefit in any way. Please oppose construction of data centers in Cook Inlet. The risks are too great and the advantages are insignificant to us as human beings living here. Laura Sievert, Kenai L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Henry Knackstedt and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Mary Bondurant, Interim Airport Manager DATE: September 8, 2026 SUBJECT: Airport Mid -month Report August 2026 FY2025 Airport Capital Improvement Projects Runway Rehabilitation Project Construction has started on this project and is going well. Runway closure was May 15, 2026. Paving on the runway was completed on August 14, 2026. There is a 30-day cure time on the asphalt and the grooving will start the week of September 8, 2026. Grooving will take approximately 2 weeks and weather permitting, marking will follow. Meetings are scheduled every Thursday with the Airport, engineers, and contractor until the end of the project. Airport Master Plan — Phase 2 Update The four preliminary alternatives were submitted to the City for review with comments due August 31, 2026. After the comment period and review, Alternative 4 is the preferred alternative. HDL will move forward and develop an implementation and a financial plan with a presentation to follow with the City. FY2026 Airport Capital Improvement Projects • Airport Perimeter Fence Protect — Airport Manager submitted a grant application to the FAA on August 13, 2026. The estimated funding is $2,923,254 as the Federal share and the City share $ 153,855 for a total of $3,077,109. The FAA sent a grant offer and the City of Kenai accepted the grant at the September 2, 2026 Council meeting. QAP is the successful bidder. In-house Activities • Storm Water Pollution Prevention Plan (SWPPP) - Nelson Engineering will provide engineering services for the revision of the current SWPPP to meet Alaska Department of Environmental Conservation's (ADEC) 2026 Multi Sector General Permit for the Kenai Page 2 of 2 Page goo Airport Mid -Month Report Municipal Airport. Letters and surveys have been sent to Kenai airport tenants and an informational meeting for the tenants regarding the MSGP and comprehensive SWPPP is scheduled for 5:OOpm in the Council Chambers of City Hall. • The Federal Aviation Administration's Air Traffic Division is transitioning from the Federal NOTAM System (NOTAM Manager) to the new NOTAM Management System (NMS). This process will begin this summer. Airport staff and the Kenai Fire Department will be required to setup Login.gov credentials, complete NMS training, and stay informed and engaged via monthly airport meetings, monthly User forums, and email communications. • Airport received the first report, July 2026, from Vector Airport Systems. This is the first month Vector will be billing for non -signatory landing fees. The billable arrivals showed that there were 497 arrivals, 54 invoices sent, to collect $16,268.16. We just received the second month's report (August) the report shows 366 arrivals, 36 invoices, and billable is $13,948.58. The Airport had another visit from the Marine Corp. Military units are still considering Kenai for the 2027 Arctic Edge event. The City could either have 25-30 personnel here to just conduct the fueling part of the operation or 200 personnel to host the full event. The event is scheduled for April 19t" to May 9t". They will keep us informed as the planning process develops. • Airport Cafe — Jersey Subs opened in the terminal building on Monday, September 7tn They reported a very good turnout and are very excited to be in their new location. • The Airport is recruiting for the winter temporary call out operators. Recruiting closes on September 8, 2026. With the conclusion of my temporary appointment, I would like to say how much I appreciate the opportunity to again serve the City of Kenai, the Kenai Airport and community during my appointment. I am very grateful for the confidence and trust, support and professional relationships that I have developed over the years with the City of Kenai. The Airport is an important part of our community and I have greatly valued the opportunity to contribute to its continued success, safety, and development. Again, I wish the Airport, its employees, and the City of Kenai success in the future. Page 2 of 2 The City of Kenai I www.kenai.city Page 101 /K N City of Kenai - Animal Control 1510 N. Willow St, Kenai, AK 99611 1 907.283.7353 I www.kenai.city MEMORANDUM TO: Mayor Henry Knackstedt and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Ryan Coleman, Police Chief FROM: Ian Braman, Animal Control Chief DATE: September 2nd, 2026 SUBJECT: August 2026 Monthly Report This month the Kenai Animal Shelter took in 22 animals, released 27 animals and issued 8 licenses. DOGS: Intake Total Outcome Total Aggression towards humans 1 Adopted 1 Owner Incarcerated 1 Claimed 13 Stray 11 Euthanized 1 Waiver 1 0 Total Intakes 14 Total Outcomes 15 CATS: Intake Total Outcome Total Moved and left behind 2 Adopted 10 Stray 2 Claimed 2 Waiver 4 0 Total Intakes 8 Total Outcomes 12 OTHER ANIMALS: Intake Total Outcome Total Total Intakes 0 Total Outcomes 0 Page 102 JURISDICTION SUMMARY: 11 animal intakes were received from "City Of Kenai". 6 animal intakes were received from "City Of Soldotna". 5 animal intakes were received from "Kenai Peninsula Borough". Total jurisdiction intakes: 22 animals. AFTER HOURS SUMMARY: 2 animals were dropped off after hours by "City Of Kenai". 1 animal was dropped off after hours by "Kenai Peninsula Borough". Total after hours drop-offs: 3 animals. INCIDENTS BY TYPE: Aggressive Animal(s) 2 Animals at large 16 Animal(s) in vehicle 2 Bite 5 Food Donation Request 4 General Complaint 2 Information 1 Neglect 1 Nuisance 1 Owner Incarcerated 1 Patrols 6 Stray 5 Total Incidents 46 YEAR TO DATE INTAKES: YTD Intakes 2026 188 YTD Intakes 2025 292 YTD Intakes 2024 299 YTD Intakes 2023 320 Page 2 of 2 The City of Kenai I www.kenai.city City of Kenai IL7'OV 000, MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Swarner, Finance Director DATE: September 9, 2026 SUBJECT: Finance Department Mid -Month Report — August 2026 With the end of FY2026, the department's focus has switched to closing of that year's books and completion of the City's Annual Comprehensive Financial Report. This process includes closing of the FY26 financial records, fiscal year end grant reporting, completion of the annual audit and finally financial statement preparation. The annual audit is scheduled for the third week of November. We have filled the IT System Administrator position, Jay Phillips will begin employment with the City during the second week of September. Sue Best has joined the Finance Department as a temporary controller to assist with the preparation for the FY26 financial audit following the recent turnover in the controller position. Her assistance will provide additional support during the year-end close and financial audit preparation process. Page 103 City of Kenai IL7'OV 000, MEMORANDUM K E N 4 210 Ficlalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Jay Teague, Fire Chief DATE: September 8, 2026 SUBJECT: Fire Department Mid -Month Report — August. August 2025 2026 % change Month totals 140 110 -21 % EMS 106 78 -26% All Other 34 32 -5.8% Year Total 1016 1005 -1 % Law Enforcement Support Fire No Emergency Hazardous Situation Rescue - Public Service — Medical Total training hours: • Total recorded hours- (200) Special Topics/external training 0 New Hire FF Grieme started work on A -Shift (August 28tn) Page 104 Page 105 • FF Turkington received Capstone start date for Paramedic Program internship in Texas (October 51h) • 1 personnel starting AEMT, 2 currently in Paramedic Program • Annual Stroke Medical Response training conducted for all shifts with Dr. Levy • CPR training conducted for Fleet Shop, Building Maintenance and Streets departments (FF Ruth Nelson taught courses) • FF Grieme completed Ambulance EVOC (Emergency Vehicle Operators Course). Upcoming training/events Alaska State Fire Conference hosted by Kenai Firefighters Chapter starts September 28t" and runs through October 2"d. Main host sites are Alaska Regional Fire Training Center and Challenger Center. Captain Summers will be attending Advanced Admin Training for First Due RMS in Kansas City (September) Chief Teague conducting ICS table -top exercises/Incident Command Training with Officers (September). Projects/Budget/Grants/Misc: • Annual Hose Testing has begun. • Annual SCBA recertification/Fit Testing in progress. • RHTP (Rural Health Transformation Program grant) notified us that we have been awarded our requested 435k grant request (ordinance will be drafted asap). • Received notification from CINGSA that they are conducting well servicing/blasting ops off Bridge Access. • Fire Marshal conducted 15 Commercial facility Life/Fire Safety Inspections in August. • Crews preparing for Fire Prevention Month and School Events. Page 2 of 2 (Cj- The City of Kenai I www.kenai.city City of Kenai IL7'OV 000, MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Henry Knackstedt and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, Human Resources Director DATE: September 8, 2026 SUBJECT: Human Resources Activity — August 2026 Recruitment Human Resources worked with the Finance Department to continue recruitment for a System Administrator. The Police Department interviewed and offered a position to a Public Safety Dispatcher, and a part-time Administrative Assistant. They continued recruiting for a full-time Police Officer. The Public Works department began recruitment for two part-time janitors and a Utility Operator. The Parks and Recreation Department recruited for two part-time Recreation Center Attendants, and the Planning Department began recruiting for a part-time Administrative Assistant. Safety There were no accident reports submitted in August, and no Workers' Compensation claims were filed. Special Projects Human Resources began work on a comprehensive review and standardization of City position descriptions. The project includes reviewing position descriptions for consistency in structure and language and developing standardized language for common duties and qualifications to provide a more consistent framework for future job description updates. HR also continued to work on process and policy improvements. Page 106 'KF.NAI City of Kenai i 210 Fidalgo Ave, Kenai, AK 99611-7794 i 907.283.7535 i viww.kenaixity MEMORANDUM TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe, Library Director DATE: September 8, 2026 SUBJECT: Library Report for August 2026 • • 6321 Visitors ,me 80 New Members 569 Computer Sessions 8377 wiFi Sessions 169 Room Reservations 375 Hours of Use August 2024 August 2025 August 2026 ■ Physical ■ Digital Babies and Toddlers Children Teens _ 14 Adults _ 33 Everyone 731 Participants 56 Programs Program Attendance 209 218 A Ip W4.11 �9 69 ■ Print ■ Digital ■ Video ■ Other ■ Audio August 2026 257 Page 107 IL7'OV 000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: September 10th, 2026 SUBJECT: Mid -Month Report — August In August, the Parks and Recreation Department combed the beach with a tractor to pick up fish waste. This tractor also has a magnet, and this year we picked up over 10 lbs. of nails and other miscellaneous metal off the beach after dipnet. Parks prides itself on its quick cleanup of the dipnet, as they make it a top priority right after the fishery. The Parks Department also supports Industry Day on the Greenstrip. This is a great local event that celebrates Oil and Gas, Healthcare, Tourism, and Fishing in our local economy. The best part of Industry Day is that everything is free. Food, games, competitions, bikes, and local awards are given out. The Rec Center will be getting ready to switch over to winter hours after Labor Day. The winter hours are Monday -Saturday 6:30 am-9:30 pm and Sunday 11 am-5 pm. Another exciting event after Labor Day is on September 15th and 16th, when the City of Kenai will host the State Conference for the Alaska Recreation and Parks Association. This brings Parks and Recreation professionals from all over the state! Kenai Recreation Center Visits — Month of July Door Counter Log 2900 Page 108 City of Kenai IL7'OV 000, MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Kevin Buettner, Planning Director DATE: September 3, 2026 SUBJECT: Planning and Zoning — August 2026 Monthly Report General Information For the month of August Planning maintained focus on continuing the progress made regarding code enforcement. A new protocol has been created for the City to have a streamlined process for abandoned vehicles parked on City streets and City -owned lands. Lands continued developing an updated map for all City -owned parcels as part of the Land Management Plan update. The Planning Director continued to focus on grant administration and the master plan for the Airport. Please find below a summarized list of August projects for Planning & Zoning. Department Summary Lands & Leases: • Continued clean-up of Zoning map and Water and Sewer map • Continued review and itemization of leases • Continued LMP review • Dena'ina Point/Tidewater project • Worked with the Borough GIS Department regarding incorrect parcel info on ParcelViewer • Worked with State to correct Patented right-of-way affecting City Street & utility easement • City/RABUF replat • Discussed zoning regulations, plats, easements, mapping, and leases with various departments, lessees, surveyors and members of the public Planning & Zoning: • Continued meetings to discuss residential and commercial development in Kenai • Met with prospective lessee for airport property • Met with state agencies to discuss housing opportunities/programs • Researched upcoming grant/funding opportunities for brownfields, parks, & culverts • Met with Alaska DNR staff to discuss Land & Water Conservation Fund requirements • Completed a revised letter to request FAA land release and environmental review Page 109 Page 110 Code Enforcement: • Code Enforcement follow-up on new cases and all outstanding cases • New enforcement process created for impounding and disposal of abandoned vehicles • Cleanup of abandoned, unsafe, deteriorating structures • 32 complaints have been received in 2026 • 24 open cases in total • 8 properties are currently in fines • 3 are currently in progress to achieving resolution Planning and Zoning Commission There were 2 Commission meetings held in August. The first was a small agenda with only one action/approval for amending Kenai Municipal Code to establish zones and an official map to the ALI zone. The second meeting was very action packed with 7 public hearings. A rezone that was postponed indefinitely, a CUP granted for an RV park, and 2 new CUPs granted for gravel pits off Beaver Loop Road. Additionally, 3 variances were granted for the 2 new gravel pits and an existing gravel pit. Page 2 of 2 (Cj- The City of Kenai I www.kenai.city Code Enforcement Previous Month and YTD Total Complaints Year to Date Complaints Reported Prev. Month 32 Status of All Non -Compliant Cases Cases Marked Compliant Last Month 5 �Es Page 111 September 09, 2026 1 09:39:35 Case Status Changes - Previous Month Enforcement Let.. 1 Unfounded - 1 1 st Notice Sent 2nd Notice Sent J Fines Notice Compliant 5 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 5 5.5 2 4 4 Cases by Violation Type Year to Date Illegal Dumping S 2 Chickens 3 . PO in Progress 5 cem 3% � Enforcement Letter 3 6.3% Excessive Vehict.3 Abandoned Vehi_ 7 0 1st Notice Sent 12.5% 2nd Notice Sent 313% Garbage 9 Fines Ni_ 438% Vehicle in Public _ TO Junk Vehicle 14 Zoning Violation 17 Other 18 RV Violation 19 Building Violation 21 Junk & Debris 31 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 Count Open Cases Compliance Rate 24 41 60.7% Done • Compllant • unfounded • Flow Notice 2nd rvotce Se • Referred to hi • ist Notice Ser • PO in progress • Enforcement Awaiting other (! J Powered by mondcry.com Try it for free Page 112 • City of Kenai MEMORANDUM 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city TO: Mayor Henry Knackstedt and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Ryan Coleman, Police Chief DATE: September 2, 2026 SUBJECT: Police & Communications Department Activity — August 2026 Police handled 516 calls for service in August and 266 calls were received by dispatch via 911. Officers made 21 arrests. Traffic enforcement resulted in 284 traffic contacts with 76 traffic citations issued and there were 6 DUI arrests. There were 15 reported motor vehicle collisions in August. Four of those collisions involved moose or caribou and none involved alcohol or drugs. Ryan Coleman was sworn in as Police Chief on 08/05/26. Throughout August, there was ongoing recruitment for a Police Officer, Public Safety Dispatcher, and Administrative Assistant. Dispatcher Gracie Davis completed training and will begin shift rotation in September. Dispatch Supervisor Stacey Day attended the Association of Public -Safety Communications Officials (APCO) Conference; learning about new resources available for Dispatch. School Resource Officer Chad Larsen was back in the schools; meeting with staff and students. He has responded to several police -related calls as well as attended KCHS football games, and spoke at the KMS 6th grade expectations presentation. Page 113 • I000, City of Kenai MEMORANDUM K I N 4 1 To Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 1 www.kenai.city TO: Mayor Knackstedt and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Lee Frey, Public Works Director DATE: September 9, 2026 SUBJECT: Public Works Mid -month Report September 2026 Capital Projects currently in process: • Emergency Services Facility Assessment — Assessment complete. Project on hold. • KMA Apron Sealcoating and Crack Sealing — Project completed. Closeout ongoing. • Kenai Municipal Airport Runway Rehabilitation Project - Pavement completed. Pavement is being grooved and painting of runway markings will be completed afterwards. • Kenai Municipal Airport Master Plan Update — Phase 2 ongoing. • USACE Kenai Bluff Bank Stabilization Project — Construction completed. Closeout ongoing. • Wastewater Plant Digester Blowers Replacements — Construction ongoing. Building construction progressing. • Water Treatment Plant Pumphouse — Pipe is being installed and site being prepped for concrete. • Harbor Float Replacement — First set of floats completed and in use. Next sets to be built this winter. • Aliak Storm Drain Repairs — Asphalt removed. Pipe removal to start soon. • Architectural Services — Design services ongoing. • Crack Sealing — Work ongoing. • Pavilion Replacements — Foundations and slabs being prepped. Building package shipping. • Animal Control and Senior Center Canopy Roof Replacements — Animal Control mostly completed. Senior Center on hold for damage found during demolition. • SCADA Design/Construction — Project being awarded. • Vintage Pointe Windows — Project unawarded due to cost. Reviewing options to proceed. • Citywide Paving Design — Request for Proposals issued. Capital Projects in planning to be released: • Sewer Lift Station Upgrades • Kenai Recreation Center LED Conversion • Mission/Main Storm Drain Improvements • Cemetery Improvements Design Page 2 of 2 Public Works Mid -Month Report Page 114 • Flight Services RTU Replacement • Old Town Playground Design Other Projects/Services in development for ITB/RFP: • Banking Services Building season continues and the department is busy managing inspection and plan review. We have 37 new residential construction permits and 14 new commercial building permits in 2026. Buildings continues to work on regular maintenance at our facilities. The Streets crew is refinishing the old roadway off Main Street and hauling sand for winter use. The Shop is preparing for a second auction relisting items in smaller lots and adding a few new items. The Utility Department is interviewing for an open position after the departure of Justin Wik. They have been completing annual cleaning of lift stations and supporting the construction projects at the water and wastewater treatment plants. Page 115 City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283,7535 1 www,kenai.city MEMORANDUM TO: Mayor Henry Knackstedt and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Kathy Romain, Senior Center Director FROM: Astrea Piersee, Administrative Assistant III DATE: September 2, 2026 SUBJECT: August 2026 Monthly Report Number of individuals served in April: Home Delivered Meals 1908 Individuals 100 Dining Room (Congregate) Meals 978 Individuals 133 Transportation (1-way rides) 418 Individuals 58 Homemaker Assistance 62/138 Writers Group 35 Caregiver Support Group 11 Widows/Widowers Grief Support Group 25 Growing Stronger Exercise 287 Tai Chi Class 39 TOPS Weight Loss Class 45 Bluegrass & Music Sessions 50 Card Games 148 Wii Bowling 7 Arts & Crafts 53 Volunteers Hours 572 Individuals 40 Total Event Sign -ins * 1821 Individuals * 214 Vintage Pointe Manor Vacancies 1 "(not including home meals clients) This month offered plenty of opportunities for seniors to get out, explore, and enjoy time together. Two full groups made the trip to Halibut Cove for a day excursion, giving participants the chance to enjoy the unique scenery and experience of the area. We also enjoyed a no -host dinner at Two Brothers Roadhouse in Cooper Landing and a relaxed picnic and BBQ at Hidden Lake. Page 116 The month wrapped up with our annual Old Timers Luncheon, which was very well attended. It was a wonderful opportunity for seniors to gather, share a meal, visit with friends, and celebrate the memories and traditions that make this event such a favorite each year. '&7 l -fTS � _ � }. - }. * . tiff • C NOTICE OF PUBLIC HEARING SEPTEMBER 16, 2026 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City council of the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) on the above noted meeting date: PUBLIC HEARINGS Ordinance No. 3544-2026 - Amending Kenai Municipal Code Chapter 1.56 Kenai Municipal Library Department, Removing the Library Regulations from the Appendices of Kenai Municipal Code, and Amending the City of Kenai Schedule of Rates, Changes, and Fees for Housekeeping Purposes and to Align the Library with Other City Departments. (Administration) 2. Ordinance No. 3545-2026 - Increasing Estimated Revenues and Appropriations in the General and Senior Center Improvement Capital Project Funds to Provide Supplemental Funding for the Senior Center Canopy Roof Replacement Project. (Administration) 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Enactment (Requires Five Affirmative Votes) 3. Resolution No. 2026-61 - Authorizing Purchase of Two Police Interceptors Using the City's Fleet Replacement Fund and the State of Alaska Equipment Fleet Contract. (Administration) 4. Resolution No. 2026-62 - Authorizing a Contract Award for SCADA Design and Installation Services. (Administration) The public hearing will commence at 6:00 p.m., or as soon thereafter as business permits. All interested persons are invited to attend the meeting telephonically/virtually or in -person and participate in the public discussion. See the agenda for additional information. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and/or solutions may be amended by the Council rior to adoption without further public notice. "lq�ENA/v Lokjn Parks, beputy City Clerk Posted: September 11, 2026 ' . 0 E ® �..>:. i CITY OF KENAI City Council K E N A I Notice of Meeting City Hall Council Chambers, 210 Fidalgo Ave, Kenai, AK The Kenai City Council will hold a regular meeting on September 16, 2026, beginning at 6:00 p.m. Visit the City Meeting web page for information regarding this meeting: httns://www.kenai.city/meetings The public is invited to attend and participate. Virtual and telephonic options for participation are available. Additional information is available through the City Clerk's Office or by visiting our website at Shellie Saner, MMC, City Clerk Publish: 09/11 /2026 CERTIFICATE OF PUBLICATION & POSTING I, Shellie Saner, City Clerk of the City of Kenai, do hereby certify that on the 3rd day of September 2026, I electronically mailed or caused to be published the foregoing Notice of Meeting to the Peninsula Clarion and requested that this Notice be published in the September 11, 2026 edition of their newspaper. On the 11th day of September, 2026, the Notice of Public Hearing and full meeting agenda wad�posted at Kenai City Hall and on the ink4fiM-at ww, 1ai�city. hel ' anelr, t C,tlfy Clerk SEPTEMBER 16, 2026 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET: ACTION ITEM REQUESTED BY PAGE Add item H. 7. Discussion - Scheduling a Board of Adjustment Clerk 1 Appeal Hearing. Action/Approval - Scheduling a Special Meeting of Administration 2 Add item H. 8. the City Council. Add item P. 1. Informational Item - Alaska Commercial Fisheries Clerk 3 Conservation Alliance: Motion to Intervene and Protest of the Alaska Commercial Fisheries Conservation Alliance I DeepGreen Cook Inlet SPV, LLC I Docket No. P-15423-000 I Submission ID: 1791000 ( ov K E N A 1 7111� C"v City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwlenai.city ►� I=1M[07:7_1�IBill MI TO: Mayor Knackstedt and Council Members FROM: Shellie Saner, City Clerk DATE: September 10, 2026 SUBJECT: Appeal to the Board of Adjustment - Appeal of a Planning and Zoning Commission Decision to Approve a Variance Permit to Build Into the Setback for Expanded Extraction of Natural Resources at 2817 Beaver Loop Road, Kenai, AK. Parcel No. 04911029. An application to appeal the above -referenced matter was received on September 10, 2026. KMC 14.20.290(f)(1), "Appeals - Board of Adjustment" in part provides: • The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within 45 days of the filing of the appeal; the Board of Adjustment may for good cause hold the hearing up to 60 days after the filing of the appeal. • Should the 45th day fall on a weekend or municipal holiday, the hearing may be scheduled for the next following weekday, which is not a municipal holiday. • Notice of time and place of hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least 15 days prior to the hearing. The following information is provided to help in setting a Board of Adjustment hearing date: • To Comply with the 15-day prior noticing requirements, the soonest a hearing could be scheduled would be Monday, October 5, 2026, with notices being sent on Friday, September 18, 2026. • Forty -Five -Day End Date: Sunday, October 25, 2026 per KMC 14.20.290(f)(1) extends to Monday, October 26, 2026. Meetings within the 45-days: Wednesday, October 7, 2026 and Wednesday October 21, 2026. • Sixty -Day End Date: Monday, November 9, 2026 (KMC 14.20.290(f)(1) establishes the Board for good cause may hold the hearing up to 60-days after the filing of the appeal.) Meetings within the 60-days: Wednesday, November 4, 2026 Additional Information for Consideration: 1. October 19, 2026 - Recognized City Holiday. 2. October 20 -November 3, 2026 Absentee Voting in the area outside of Council Chambers. 3. November 3, 2026 Election Day. 4. November 5 - 6, Election Canvass Board will be meeting in Council Chambers. City of Kenai 1 210 Fidaigo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city MEMORANDUM TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Lee Frey, Public Works Director DATE: September 16, 2026 SUBJECT: Action/Approval — Special Meeting Request The Public Works Department is requesting City Council to conduct a Special Meeting on September 30, 2026. The City received design drawings for work to remediate the erosion issue on Mission Avenue and is releasing the project for bidding on a shortened time frame to give a contractor as much time as possible to complete the work before winter. The work will consist of relocation of a water service, installation of structures to stop stormwater from entering the eroded area and work to establish vegetation on the eroded slopes. The project will be advertised the minimum 2 weeks to meet procurement requirements, but will need bids filled in as a laydown to award on the shorter timeframe. The Resolution to award the work would be provided with blanks prior to the meeting and a laydown Resolution to substitute would be provided after bid opening to award. ALASKA COMMERCIAL FISHERIES CONSERVATION ALLIANCE 117 Deepwood Court, Kenai, Alaska 99611 EIN: 42-5019410 1 acfca@acfcaadvocacy.org 1 918-953-0039 FERC Submission ID: 17910001 Filed September 14, 2026 September 14, 2026 Debbie -Anne A. Reese, Secretary Federal Energy Regulatory Commission 888 First Street NE, Room IA Washington, DC 20426 Re: Motion to Intervene and Protest of the Alaska Commercial Fisheries Conservation Alliance I DeepGreen Cook Inlet SPV, LLC I Docket No. P-15423-000 1 Submission ID: 1791000 Dear Secretary Reese: Pursuant to Rule 214 of the Federal Energy Regulatory Commission's Rules of Practice and Procedure, 18 C.F.R. § 385.214, the Alaska Commercial Fisheries Conservation Alliance (ACFCA) hereby submits its Motion to Intervene and Protest in the above -referenced proceeding regarding the preliminary permit application of DeepGreen Cook Inlet SPV, LLC for the proposed DeepGreen Cook Inlet Subsea -Compute and Infrastructure Hub Project. This filing is submitted in response to the Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions to Intervene, and Competing Applications published in the Federal Register on September 4, 2026, 91 FR 56879. This filing is timely under the intervention deadline of November 2, 2026 established in that notice. ACFCA is a nonprofit corporation incorporated under Alaska law on September 10, 2026, with Federal Employer Identification Number 42-5019410, representing the common commercial fishing business interests of Upper Cook Inlet commercial fishing permit holders. ACFCA respectfully requests that the Commission grant its Motion to Intervene, require supplementation of the application record, and add ACFCA to the service list for all future correspondence in Docket No. P-15423-000. All communications should be directed to: ACFCA Cover Letter I FERC Docket No. P-15423-000 1 Submission ID: 1791000 1 September 14, 2026 Page 1 3 UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION DeepGreen Cook Inlet SPV, LLC ) DeepGreen Cook Inlet Subsea -Compute & ) Infrastructure Hub Project ) ) Docket No. P-15423-000 MOTION TO INTERVENE AND PROTEST OF THE ALASKA COMMERCIAL FISHERIES CONSERVATION ALLIANCE Pursuant to Rule 214 of the Federal Energy Regulatory Commission's Rules of Practice and Procedure, 18 C.F.R. § 385.214, the Alaska Commercial Fisheries Conservation Alliance (ACFCA) hereby submits this Motion to Intervene and Protest in the above - captioned proceeding regarding the application for a preliminary permit filed by DeepGreen Cook Inlet SPV, LLC (DeepGreen or Applicant) on February 11, 2026, as supplemented on June 26, 2026, pursuant to Section 4(f) of the Federal Power Act (FPA), 16 U.S.C. § 797(f). This motion is filed in response to the Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions to Intervene, and Competing Applications published in the Federal Register on September 4, 2026, 91 FR 56879, Docket No. P-15423-000. This filing is timely under the November 2, 2026 intervention deadline established in that notice. I. COMMUNICATIONS AND SERVICE All communications, service of pleadings, and technical discovery documents relating to this proceeding should be addressed to: Russell Clark, President and Authorized Representative Alaska Commercial Fisheries Conservation Alliance EI N: 42-5019410 117 Deepwood Court, Kenai, Alaska 99611 Telephone: 918-953-0039 Electronic Mail: acfca@acfcaadvocacy.org 4 ACFCA requests that FERC Contact Christopher Brosman (Christopher.Brosman@ferc.gov 1 202-502-8573) add ACFCA to the service list for all filings in Docket No. P-15423-000. ACFCA will file electronically through the Commission's eFiling system at ferconline.ferc.gov/eFiling.aspx. II. INTEREST OF THE INTERVENOR The Alaska Commercial Fisheries Conservation Alliance is a nonprofit corporation incorporated under Alaska law on September 10, 2026, with EIN 42-5019410, organized as a business league under IRC Section 501(c)(6) to represent the common commercial fishing business interests of Alaska commercial fishing permit holders, including holders of Upper Cook Inlet drift gillnet (S03H) and set gillnet (SO4H) limited entry permits issued by the Alaska Commercial Fisheries Entry Commission. ACFCA members depend directly on the ecological health, biological productivity, and migratory integrity of wild salmon stocks in Upper Cook Inlet for their livelihoods. The proposed DeepGreen Cook Inlet Subsea -Compute and Infrastructure Hub Project encompasses a project footprint of approximately 1,650 acres of Cook Inlet seabed in the Upper Cook Inlet East Foreland Corridor, located west of Nikiski in the Kenai Peninsula Borough, in waters utilized by ACFCA's commercial fishing membership. The project proposes to install: (1) approximately 330 to 350 marine hydrokinetic turbines; (2) 66 modular subsea -compute hives functioning as data center pods powered by the turbine array and passively cooled by ambient seawater circulation; (3) an approximately 3.5-mile long, 115-kilovolt hybrid power and fiber-optic armored subsea cable; and (4) a cable landing site positioned within the Nikiski Industrial Corridor between the Agrium Kenai Nitrogen Operations facility and the Kenai Liquefied Natural Gas Plant. The estimated annual generation is 100 megawatts, utilized primarily to power the subsea data center infrastructure. The installation of 330 to 350 marine turbines and 66 subsea data center pods across a 1,650-acre footprint in active commercial fishing grounds, in water ranging from 45 to 166 feet in depth, represents a direct, substantial, and immediate threat to commercial fishing gear, vessel navigation, salmon migration corridors, and the marine environment upon which ACFCA's membership depends. ACFCA has a distinct organizational interest in this proceeding that cannot be adequately represented by any existing party. This motion is filed under the emergency regulatory action authority granted to ACFCA's President by Bylaws Section 7.4, which authorizes the President to file FERC interventions without prior Board approval when the intervention deadline requires immediate action. The Board of Directors will ratify this filing at its next scheduled meeting. III. STATEMENT OF PROTEST AND TECHNICAL DEFICIENCIES ACFCA protests the DeepGreen preliminary permit application on the grounds that, as FERC itself has identified through deficiency correspondence, and as described below, the application omits critical thermodynamic, hydrodynamic, structural, and fisheries impact data necessary for the Commission to evaluate environmental and operational risks to Upper Cook Inlet commercial fishing operations and marine resources. A. Thermal Load and Subsea Heat Dissipation. The proposed 100-megawatt subsea data center and associated power infrastructure will generate a continuous thermal load that must be dissipated into Upper Cook Inlet seawater through passive cooling of the 66 subsea -compute hive pods. This continuous heat output, derived from both the conversion losses of the marine hydrokinetic turbines and the computing load of the data center pods, is the equivalent of approximately 341.2 million BTUs per hour. Maintaining even a 10C localized temperature rise in the surrounding water column requires continuous water exchange at a rate of approximately 380,000 to 387,000 gallons per minute, calculated using the specific heat capacity of Upper Cook Inlet seawater at prevailing temperature and salinity conditions. The application provides no thermal plume model, no dispersion analysis, and no heat budget for the project area under any operational scenario. Without this analysis, the Commission cannot evaluate the project's effect on salmon water temperature preference thresholds, migration timing, or habitat utilization in the East Foreland Corridor. B. Failure to Address Tidal Variation, Passive Cooling Collapse, and the Compounded Power -Cooling Failure. The proposed project's passive seawater cooling system relies entirely on natural tidal circulation to dissipate heat from the 66 subsea -compute hive pods. Upper Cook Inlet is characterized by mixed semi -diurnal tides with high diurnal inequality, producing up to four zero -velocity slack tide periods per day and reduced flow during neap tide cycles. During slack tide, the passive cooling mechanism collapses completely and the 100- megawatt continuous thermal load accumulates in the project area as a superheated thermal mass. The application fails to address a compounded failure state that is inherent to the project design: the marine hydrokinetic turbines cease generating electricity during the same zero -velocity slack tide periods that eliminate passive cooling. ACFCA identifies this as a double failure condition: maximum thermal accumulation from continuous computing load occurring simultaneously with zero turbine power output. Any active cooling response during slack tide, such as electric pumps to force water circulation through the pod array, requires power drawn from battery storage or a grid interconnection that the application does not describe. The application contains no computational fluid dynamics modeling of heat accumulation during the combined power -cooling failure state, no thermal threshold analysis for salmon species present in the project area, and no assessment of the frequency and duration of these compounded failure periods. Each available engineering solution to the passive cooling problem constitutes a materially different project than what was filed in February 2026 and supplemented June 26, 2026. Active cooling pumps require power infrastructure not described in the application. Thermal energy buffers sufficient to absorb 100 megawatts of heat through a two-hour slack tide at depths of 45 to 166 feet would materially expand the project footprint. Variable computing load management: throttling capacity according to Cook Inlet tidal schedules: fundamentally undermines the commercial premise of a data center. Any of these solutions requires a substantially revised application with new environmental analysis. FERC cannot evaluate the feasibility or approvability of this project until DeepGreen describes its proposed solution to the power -cooling compound failure, the infrastructure required, and the resulting effect on net power output and environmental footprint. C. Structural Deficiency Identified by FERC. FERC has already identified structural data deficiencies in the application. The application describes the project using generalized language about the turbine array and infrastructure without providing specific counts, power ratings, physical dimensions, anchoring systems, or sediment protection plans for individual turbine and data center pod units. As FERC's deficiency correspondence has noted, the application does not provide the specific number of proposed generators along with power ratings for each turbine and generator unit. Without this data, the Commission cannot evaluate turbine fish -strike risks, gear entanglement hazards for commercial fishing vessels, silt disturbance during installation and operation, organism entrainment in turbine intakes, or navigation safety in the 1,650-acre project footprint. D. Omission of Commercial Fishing Impact Assessment. The application contains no assessment of impact on existing commercial fishing operations in the project area. Upper Cook Inlet supports over 1,300 active limited entry commercial fishing permits for drift gillnet, set gillnet, and other gear types, contributing to a fishery with historical annual revenues of approximately $9.5 to $10 million. The federal government has issued commercial fishery disaster declarations for Cook Inlet commercial salmon for the years 2018, 2020, 2021, 2022, and 2023. The proposed 1,650- acre project footprint overlaps directly with established commercial fishing grounds in the East Foreland Corridor. The cable landing site located between the Agrium Kenai Nitrogen Operations and the Kenai LNG Plant in the Nikiski Industrial Corridor adds a second zone of gear conflict. Section 4(e) of the Federal Power Act, 16 U.S.C. § 797(e), requires the Commission to consider the protection and utilization of established resource uses, including commercial fishing, in evaluating any license -related action. A preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment fails that obligation. E. Misrepresentation of Relationship with Alaska Energy Authority. ACFCA has reason to believe that the DeepGreen preliminary permit application misrepresented the applicant's relationship with the Alaska Energy Authority (AEA). A material misrepresentation to a federal agency in a FERC filing constitutes a violation of 18 U.S.C. § 1001. ACFCA requests that the Commission investigate and confirm the actual nature of any claimed relationship between DeepGreen Cook Inlet SPV, LLC and AEA, and consider suspension of the preliminary permit review pending resolution of any misrepresentation findings. IV. ADDITIONAL GROUNDS A. Applicant's Lack of Energy Development Experience. DeepGreen Cook Inlet SPV, LLC was incorporated in Delaware in January 2026, one month before filing its FERC preliminary permit application in February 2026. The applicant's parent company, DeepGreen Holdings LLC, is managed by Louis Wolfson of Needham, Massachusetts, whose professional background is in luxury real estate development. The Commission should consider whether the applicant has the technical competence and financial resources to conduct the environmental and engineering studies a preliminary permit authorizes, and should require evidence of technical qualifications as a condition of any permit issuance. B. Proximity to Existing Industrial Corridor. The proposed cable landing site in the Nikiski Industrial Corridor, sited between the Agrium Kenai Nitrogen Operations facility and the Kenai LNG Plant, introduces a second zone of commercial fishing gear conflict along the established Kenai Spur Highway industrial waterfront. ACFCA's members fish waters adjacent to this corridor. The cumulative impact of the turbine array and the cable landing zone on commercial fishing access has not been assessed. V. REQUESTED RELIEF ACFCA respectfully requests that the Commission: 1. Grant ACFCA's Motion to Intervene and designate ACFCA as a formal party to Docket No. P-15423-000 with full rights to participate in all proceedings, submit comments and protests, engage in discovery, and appeal Commission orders. 2. Require DeepGreen to supplement its preliminary permit application with: (a) a complete thermal load and plume model for the 66 subsea -compute pods under all tidal flow conditions including slack tide; (b) specific turbine counts, power ratings, and physical dimensions for all marine hydrokinetic turbines and data center pod units within the 1,650-acre project footprint; (c) a commercial fishing impact assessment covering all gear types, permit holders, vessel transit routes, and fishing seasons affected by both the turbine array and the cable landing zone; and (d) a full hydrodynamic model of project effects on salmon migration in the East Foreland Corridor. s 3. Investigate and confirm the actual relationship between DeepGreen Cook Inlet SPV, LLC and the Alaska Energy Authority, and suspend further action on the preliminary permit application pending resolution of any material misrepresentation findings. 4. Require evidence of DeepGreen's technical and financial qualifications to conduct the engineering and environmental studies authorized by a preliminary permit before proceeding further. 5. Add ACFCA to the service list for all correspondence, orders, and filings in Docket No. P-15423-000. VI. CONCLUSION The Upper Cook Inlet commercial fishing fleet has operated in the East Foreland Corridor for generations and represents a federally recognized fishery that has sustained Alaska coastal communities through five consecutive years of federal disaster declarations. The DeepGreen preliminary permit application, as filed, lacks the technical and environmental analysis necessary for the Commission to evaluate its compatibility with existing resource uses in Upper Cook Inlet. ACFCA urges the Commission to grant intervention, require the supplemental data identified above, and investigate the AEA relationship before any further administrative action. Respectfully submitted, Russell Clark, President and Authorized Representative Alaska Commercial Fisheries Conservation Alliance EIN: 42-5019410 117 Deepwood Court, Kenai, Alaska 99611 918-953-0039 1 acfca cx@acfcaadvocacy.org Dated this 14th day of September, 2026. Filed pursuant to ACFCA Bylaws Section 7.4 (Emergency Regulatory Actions). The ACFCA Board of Directors will ratify this filing at its next meeting. This motion is timely under the November 2, 2026 intervention deadline established in 91 FR 56879. CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE SEPTEMBER 16, 2026 KENAI CITY COUNCIL REGULAR MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed or took other actions as identified below on the following Ordinance(s) and/or Resolution(s) at the above -referenced meeting. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY Ordinance No. 3544-2026 - Amending Kenai Municipal Code Chapter 1.56 Kenai Municipal Library Department, Removing the Library Regulations from the Appendices of Kenai Municipal Code, and Amending the City of Kenai Schedule of Rates, Changes, and Fees for Housekeeping Purposes and to Align the Library with Other City Departments. (Administration) 2. ENACTED UNANIMOUSLY Ordinance No. 3545-2026 - Increasing Estimated Revenues and Appropriations in the General and Senior Center Improvement Capital Project Funds to Provide Supplemental Funding for the Senior Center Canopy Roof Replacement Project. (Administration) 1. Motion for Introduction 2. Motion for Second Reading (Requires a Unanimous Vote) 3. Motion for Enactment (Requires Five Affirmative Votes) 3. ADOPTED UNANIMOUSLY Resolution No. 2026-61 - Authorizing Purchase of Two Police Interceptors Using the City's Fleet Replacement Fund and the State of Alaska Equipment Fleet Contract. (Administration) 4. ADOPTED UNANIMOUSLY Resolution No. 2026-62 - Authorizing a Contract Award for S A Design and Installation Services. (Administration) L gan ark , Deputy City Clerk ,•�' %� sted: September 17, 2026 r;' •� 4J ��� 6I51 KFNAI City of Kenai 1 210 Fidaigo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity MEMORANDUM TO: City Council Members FROM: Henry Knackstedt, Mayor DATE: September 10, 2026 SUBJECT: Action/Approval - Confirmation of Mayoral Nomination of Joshua Bolling as Student Representative to City Council and Caroline Karpik as Student Representative to the Council on Aging Commission. Pursuant to Kenai City Council Student Representative Policy 20.100, Student Representative Applications and informational packet were distributed to Kenai Central High School, Kenai Alternative High School and Connections Homeschool. Two applications were received from Kenai Central High School students Joshua Bolling and Caroline Karpik and are attached for your consideration. Mr. Bolling and Ms. Karpik meet the requirements for appointments as Student Representative to City Council and the Council on Aging Commission. Council Confirmation of the following appointments are requested: Joshua Bolling - Student Representative to City Council Term September 16, 2026 - August 31, 2027 Caroline Karpik - Student Representative to the Council on Aging Commission Term September 16, 2026 - August 31, 2027 Your consideration is appreciated. APPROVED BY COUNCIL Date Cj - Ice • 24 �.ity or r�enai 1 210 Fidalgo Qve, Kenai, Qi< 99611-7794 907.283.7535 www.kenaix y TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe DATE: September 8, 2026 SUBJECT: Action/Approval - Non -Objection to the Acceptance and Appropriation of a Donation from the Derek Kaufman Fund in the Amount of $1,000 in Accordance with KMC 7.25.030. Background: The Kenai Community Library received a donation of $1,000 for general support from the Derek Kaufman Fund, a Hilcorp donor advised fund of the Alaska Community Foundation. The donation will be used to support programming for all ages. • Donor/Grantor: Derek Kaufman • Amount: $1,000 • Purpose: General support • Intended Use: Purchase of supplies to support programming for all ages. Intended Appropriation: That the City Manager intends to increase estimated revenues and appropriations as follows: Fund: General Fund -- Library Increase Estimated Revenues — Miscellaneous Donations $1,000 Increase Appropriations — Operating and Repair Supplies $1,000 APPROVED BY COUNCIL Date: q - ( (Q - Z G K PNAI City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity MEMORANDUM TO: Mayor Knackstedt and Council Members THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe DATE: September 8, 2026 SUBJECT: Action/Approval — Non -Objection to the Acceptance and Appropriation of the Fiscal Year 2027 Public Library Assistance Grant in the Amount of $7,000 in Accordance with KMC 7.25.030. Background: The Kenai Community Library has been awarded the annual Public Library Assistance Grant by the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums. The amount for FY 2027 is $7,000. To receive the funds, the library must meet various eligibility requirements, including maintaining a collection, providing Interlibrary Loan and reference services, offering children's programming, and the library director's participation in continuing education. The funds will be used to purchase library materials. • Donor/Grantor: State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums • Amount: $7,000 • Purpose: Operating support • Intended Use: Purchase of library materials Intended Appropriation: That the City Manager intends to increase estimated revenues and appropriations as follows: Fund: General Fund -- Library Increase Estimated Revenues — Library, State Grants Increase Appropriations — Books $7,000 $7,000 APPROVED BY COUNCIL PURCHASE ORDERS OVER $35,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: SEPTEMBER 16, 2026 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT CONSTRUCTION KENAI MUNICIPAL AIRPORT PERIMETER 130823 - A/P ADMINISTRATION HDL ENGINEERING FENCE & GATE IMPROVEMENTS IMPROVEMENTS SERVICES 552,507.00 798,840.00 q -i( -2( PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: SEPTEMBER 16, 2026 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS PERS VARIOUS LIABILITY PREMERA AUGUST PREMIUM VARIOUS INSURANCE HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 118,516.91 225,272.44 104,998.18 APPROVED BY COUNCIL Date: 9 - 1 � - Z (P ALASKA COMMERCIAL FISHERIES CONSERVATION ALLIANCE 117 Deepwood Court, Kenai, Alaska 99611 EIN: 42-5019410 1 acfca@acfcaadvocacy.org 1 918-953-0039 Doc -less Motion to Intervene: Submission ID 17910001 Document Filing: Submission ID 17912271 Filed September 14, 2026 September 14, 2026 Debbie -Anne A. Reese, Secretary Federal Energy Regulatory Commission 888 First Street NE, Room 1 A Washington, DC 20426 Re: Motion to Intervene and Protest of the Alaska Commercial Fisheries Conservation Alliance I DeepGreen Cook Inlet SPV, LLC I Docket No. P-15423-000 1 Submission IDs: 1791000 and 1791227 Dear Secretary Reese: Pursuant to Rule 214 of the Federal Energy Regulatory Commission's Rules of Practice and Procedure, 18 C.F.R. § 385.214, the Alaska Commercial Fisheries Conservation Alliance (ACFCA) hereby submits its Motion to Intervene and Protest in the above -referenced proceeding regarding the preliminary permit application of DeepGreen Cook Inlet SPV, LLC for the proposed DeepGreen Cook Inlet Subsea -Compute and Infrastructure Hub Project. This filing is submitted in response to the Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions to Intervene, and Competing Applications published in the Federal Register on September 4, 2026, 91 FR 56879. This filing is timely under the intervention deadline of November 2, 2026 established in that notice. ACFCA filed a doc-less Motion to Intervene on September 14, 2026, assigned Submission ID 1791000, securing party status. This document filing, assigned Submission ID 1791227, constitutes ACFCA's full Motion to Intervene and Protest with supporting protest arguments. ACFCA is a nonprofit corporation incorporated under Alaska law on September 10, 2026, with Federal Employer Identification Number 42-5019410, representing the common commercial fishing business interests of Upper Cook Inlet commercial fishing permit holders. ACFCA respectfully requests that the Commission grant its Motion to Intervene, require supplementation of the application record, and add ACFCA to the service list for all future correspondence in Docket No. P-15423-000, ACFCA I FFRC Docket No. P-15423-(K)01 Submission IDs: 1791000 (d(,ic-less) and 1791227 (document) l Selrtember l4, 2026 Page] UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION DeepGreen Cook Inlet SPV, LLC DeepGreen Cook Inlet Subsea -Compute & Infrastructure Hub Project ) ) Docket No. P-15423-000 MOTION TO INTERVENE AND PROTEST OF THE ALASKA COMMERCIAL FISHERIES CONSERVATION ALLIANCE Pursuant to Rule 214 of the Federal Energy Regulatory Commission's Rules of Practice and Procedure, 18 C.F.R. § 385.214, the Alaska Commercial Fisheries Conservation Alliance (ACFCA) hereby submits this Motion to Intervene and Protest in the above - captioned proceeding regarding the application for a preliminary permit filed by DeepGreen Cook Inlet SPV, LLC (DeepGreen or Applicant) on February 11, 2026, as supplemented on June 26, 2026, pursuant to Section 4(f) of the Federal Power Act (FPA), 16 U.S.C. § 797(f). This motion is filed in response to the Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions to Intervene, and Competing Applications published in the Federal Register on September 4, 2026, 91 FR 56879, Docket No. P-15423-000. This filing is timely under the November 2, 2026 intervention deadline established in that notice. I. COMMUNICATIONS AND SERVICE All communications, service of pleadings, and technical discovery documents relating to this proceeding should be addressed to: Russell Clark, President and Authorized Representative Alaska Commercial Fisheries Conservation Alliance EIN: 42-5019410 117 Deepwood Court, Kenai, Alaska 99611 Telephone: 918-953-0039 Electronic Mail: acfca@acfcaadvocacy.org ACFCA requests that FERC Contact Christopher Brosman (Christopher. Brosman@ferc.gov j 202-502-8573) add ACFCA to the service list for all filings in Docket No. P-15423-000. ACFCA will file electronically through the Commission's eFiling system at ferconline.ferc.govleFiling.aspx. II. INTEREST OF THE INTERVENOR The Alaska Commercial Fisheries Conservation Alliance is a nonprofit corporation incorporated under Alaska law on September 10, 2026, with EIN 42-5019410, organized as a business league under IRC Section 501(c)(6) to represent the common commercial fishing business interests of Alaska commercial fishing permit holders, including holders of Upper Cook Inlet drift gillnet (S03H) and set gillnet (SO4H) limited entry permits issued by the Alaska Commercial Fisheries Entry Commission. ACFCA members depend directly on the ecological health, biological productivity, and migratory integrity of wild salmon stocks in Upper Cook Inlet for their livelihoods. The proposed DeepGreen Cook Inlet Subsea -Compute and Infrastructure Hub Project encompasses a project footprint of approximately 1,650 acres of Cook Inlet seabed in the Upper Cook Inlet East Foreland Corridor, located west of Nikiski in the Kenai Peninsula Borough, in waters utilized by ACFCA's commercial fishing membership. The project proposes to install: (1) approximately 330 to 350 marine hydrokinetic turbines; (2) 66 modular subsea -compute hives functioning as data center pods powered by the turbine array and passively cooled by ambient seawater circulation; (3) an approximately 3.5-mile long, 115-kilovolt hybrid power and fiber-optic armored subsea cable; and (4) a cable landing site positioned within the Nikiski Industrial Corridor between the Agrium Kenai Nitrogen Operations facility and the Kenai Liquefied Natural Gas Plant. The estimated annual generation is 100 megawatts, utilized primarily to power the subsea data center infrastructure. The installation of 330 to 350 marine turbines and 66 subsea data center pods across a 1,650-acre footprint in active commercial fishing grounds, in water ranging from 45 to 166 feet in depth, represents a direct, substantial, and immediate threat to commercial fishing gear, vessel navigation, salmon migration corridors, and the marine environment upon which ACFCA's membership depends. ACFCA has a distinct organizational interest in this proceeding that cannot be adequately represented by any existing party. This motion is filed under the emergency regulatory action authority granted to ACFCA's President by Bylaws Section 7.4, which authorizes the President to file FERC interventions without prior Board approval when the intervention deadline requires immediate action. The Board of Directors will ratify this filing at its next scheduled meeting. III. STATEMENT OF PROTEST AND TECHNICAL DEFICIENCIES ACFCA protests the DeepGreen preliminary permit application on the grounds that, as FERC itself has identified through deficiency correspondence, and as described below, the application omits critical thermodynamic, hydrodynamic, structural, and fisheries impact data necessary for the Commission to evaluate environmental and operational risks to Upper Cook Inlet commercial fishing operations and marine resources. A. Thermal Load and Subsea Heat Dissipation. The proposed 100-megawatt subsea data center and associated power infrastructure will generate a continuous thermal load that must be dissipated into Upper Cook Inlet seawater through passive cooling of the 66 subsea -compute hive pods. This continuous heat output, derived from both the conversion losses of the marine hydrokinetic turbines and the computing load of the data center pods, is the equivalent of approximately 341.2 million BTUs per hour. Maintaining even a 10C localized temperature rise in the surrounding water column requires continuous water exchange at a rate of approximately 380,000 to 387,000 gallons per minute, calculated using the specific heat capacity of Upper Cook Inlet seawater at prevailing temperature and salinity conditions. The application provides no thermal plume model, no dispersion analysis, and no heat budget for the project area under any operational scenario. Without this analysis, the Commission cannot evaluate the project's effect on salmon water temperature preference thresholds, migration timing, or habitat utilization in the East Foreland Corridor. B. Failure to Address Tidal Variation, Passive Cooling Collapse, and the Compounded Power -Cooling Failure. The proposed project's passive seawater cooling system relies entirely on natural tidal circulation to dissipate heat from the 66 subsea -compute hive pods. Upper Cook Inlet is characterized by mixed semi -diurnal tides with high diurnal inequality, producing up to four zero -velocity slack tide periods per day and reduced flow during neap tide cycles. During slack tide, the passive cooling mechanism collapses completely and the 100- megawatt continuous thermal load accumulates in the project area as a superheated thermal mass. The application fails to address a compounded failure state that is inherent to the project design: the marine hydrokinetic turbines cease generating electricity during the same zero -velocity slack tide periods that eliminate passive cooling. ACFCA identifies this as a double failure condition: maximum thermal accumulation from continuous computing load occurring simultaneously with zero turbine power output. Any active cooling response during slack tide, such as electric pumps to force water circulation through the pod array, requires power drawn from battery storage or a grid interconnection that the application does not describe. The application contains no computational fluid dynamics modeling of heat accumulation during the combined power -cooling failure state, no thermal threshold analysis for salmon species present in the project area, and no assessment of the frequency and duration of these compounded failure periods. Each available engineering solution to the passive cooling problem constitutes a materially different project than what was filed in February 2026 and supplemented June 26, 2026. Active cooling pumps require power infrastructure not described in the application. Thermal energy buffers sufficient to absorb 100 megawatts of heat through a two-hour slack tide at depths of 45 to 166 feet would materially expand the project footprint. Variable computing load management: throttling capacity according to Cook Inlet tidal schedules: fundamentally undermines the commercial premise of a data center. Any of these solutions requires a substantially revised application with new environmental analysis. FERC cannot evaluate the feasibility or approvability of this project until DeepGreen describes its proposed solution to the power -cooling compound failure, the infrastructure required, and the resulting effect on net power output and environmental footprint. C. Structural Deficiency Identified by FERC. FERC has already identified structural data deficiencies in the application. The application describes the project using generalized language about the turbine array and infrastructure without providing specific counts, power ratings, physical dimensions, anchoring systems, or sediment protection plans for individual turbine and data center pod units. As FERC's deficiency correspondence has noted, the application does not provide the specific number of proposed generators along with power ratings for each turbine and generator unit. Without this data, the Commission cannot evaluate turbine fish -strike risks, gear entanglement hazards for commercial fishing vessels, silt disturbance during installation and operation, organism entrainment in turbine intakes, or navigation safety in the 1,650-acre project footprint. D. Omission of Commercial Fishing Impact Assessment. The application contains no assessment of impact on existing commercial fishing operations in the project area. Upper Cook Inlet supports over 1,300 active limited entry commercial fishing permits for drift gillnet, set gillnet, and other gear types, contributing to a fishery with historical annual revenues of approximately $9.5 to $10 million. The federal government has issued commercial fishery disaster declarations for Cook Inlet commercial salmon for the years 2018, 2020, 2021, 2022, and 2023. The proposed 1,650- acre project footprint overlaps directly with established commercial fishing grounds in the East Foreland Corridor. The cable landing site located between the Agrium Kenai Nitrogen Operations and the Kenai LNG Plant in the Nikiski Industrial Corridor adds a second zone of gear conflict. Section 4(e) of the Federal Power Act, 16 U.S.C. § 797(e), requires the Commission to consider the protection and utilization of established resource uses, including commercial fishing, in evaluating any license -related action. A preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment fails that obligation. E. Misrepresentation of Relationship with Alaska Energy Authority. ACFCA has reason to believe that the DeepGreen preliminary permit application misrepresented the applicant's relationship with the Alaska Energy Authority (AEA). A material misrepresentation to a federal agency in a FERC filing constitutes a violation of 18 U.S.C. § 1001. ACFCA requests that the Commission investigate and confirm the actual nature of any claimed relationship between DeepGreen Cook Inlet SPV, LLC and AEA, and consider suspension of the preliminary permit review pending resolution of any misrepresentation findings. IV. ADDITIONAL GROUNDS A. Applicant's Lack of Energy Development Experience. DeepGreen Cook Inlet SPV, LLC was incorporated in Delaware in January 2026, one month before filing its FERC preliminary permit application in February 2026. The applicant's parent company, DeepGreen Holdings LLC, is managed by Louis Wolfson of Needham, Massachusetts, whose professional background is in luxury real estate development. The Commission should consider whether the applicant has the technical competence and financial resources to conduct the environmental and engineering studies a preliminary permit authorizes, and should require evidence of technical qualifications as a condition of any permit issuance. B. Proximity to Existing Industrial Corridor. The proposed cable landing site in the Nikiski Industrial Corridor, sited between the Agrium Kenai Nitrogen Operations facility and the Kenai LNG Plant, introduces a second zone of commercial fishing gear conflict along the established Kenai Spur Highway industrial waterfront. ACFCA's members fish waters adjacent to this corridor. The cumulative impact of the turbine array and the cable landing zone on commercial fishing access has not been assessed. V. REQUESTED RELIEF ACFCA respectfully requests that the Commission: 1. Grant ACFCA's Motion to Intervene and designate ACFCA as a formal party to Docket No. P-15423-000 with full rights to participate in all proceedings, submit comments and protests, engage in discovery, and appeal Commission orders. 2. Require DeepGreen to supplement its preliminary permit application with: (a) a complete thermal load and plume model for the 66 subsea -compute pods under all tidal flow conditions including slack tide; (b) specific turbine counts, power ratings, and physical dimensions for all marine hydrokinetic turbines and data center pod units within the 1,650-acre project footprint; (c) a commercial fishing impact assessment covering all gear types, permit holders, vessel transit routes, and fishing seasons affected by both the turbine array and the cable landing zone; and (d) a full hydrodynamic model of project effects on salmon migration in the East Foreland Corridor. 3. Investigate and confirm the actual relationship between DeepGreen Cook Inlet SPV, LLC and the Alaska Energy Authority, and suspend further action on the preliminary permit application pending resolution of any material misrepresentation findings. 4. Require evidence of DeepGreen's technical and financial qualifications to conduct the engineering and environmental studies authorized by a preliminary permit before proceeding further. 5. Add ACFCA to the service list for all correspondence, orders, and filings in Docket No. P-15423-000. VI. CONCLUSION The Upper Cook Inlet commercial fishing fleet has operated in the East Foreland Corridor for generations and represents a federally recognized fishery that has sustained Alaska coastal communities through five consecutive years of federal disaster declarations. The DeepGreen preliminary permit application, as filed, lacks the technical and environmental analysis necessary for the Commission to evaluate its compatibility with existing resource uses in Upper Cook Inlet. ACFCA urges the Commission to grant intervention, require the supplemental data identified above, and investigate the AEA relationship before any further administrative action. Respectfully submitted, Russell Clark, President and Authorized Representative Alaska Commercial Fisheries Conservation Alliance EI N: 42-5019410 117 Deepwood Court, Kenai, Alaska 99611 918-953-0039 1 acfca@acfcaadvocacy.org Dated this 14th day of September, 2026. Filed pursuant to ACFCA Bylaws Section 7.4 (Emergency Regulatory Actions). The ACFCA Board of Directors will ratify this filing at its next meeting. This motion is timely under the November 2, 2026 intervention deadline established in 91 FR 56879. ALASKA COMMERCIA���RUEPIES CONSERVATION ComprehUUJ1PhLTntcAvaIuation DeepGreen Cook Inlet Subsea -Compute and Infrastructure Hub Project FERC Docket No. P-15423-000 Prepared by ACFCA I September 2026 Seventeen Categories of Environmental Impact and Regulatory Deficiency ACFCA I FERC Docket No. P-15423-0001 Environmental Evaluation I Exhibit B ALASKA COMMERCIAL FISHERIES CONSERVATION ALLIANCE COMPREHENSIVE ENVIRONMENTAL EVALUATION DeepGreen Cook Inlet Subsea -Compute and Infrastructure Hub Project FERC Docket No. P-15423-000 1 September 2026 1 Prepared byACFCA I EIN: 42-5019410 EXECUTIVE SUMMARY The DeepGreen Cook Inlet Subsea -Compute and Infrastructure Hub Project proposes to install 330 to 350 marine hydrokinetic turbines and 66 modular subsea data center pods across a 1,650-acre footprint of Cook Inlet seabed in the East Foreland Corridor west of Nildski, Alaska. The project is owned by DeepGreen Cook Inlet SPV LLC, a Delaware special purpose vehicle incorporated in January 2026 and managed by Louis Wolfson of Needham, Massachusetts, whose professional background is in luxury real estate development. The company filed its FERC preliminary permit application in February 2026 and supplemented it in June 2026. This evaluation identifies seventeen categories of significant environmental impact, regulatory deficiency, or community harm. The project application as filed is deficient in every major environmental category. No thermal plume model, no hydrodynamic study, no marine mammal assessment, no anadromous fish impact analysis, no commercial fishing impact assessment, no benthic habitat survey, and no structural specification adequate for environmental review has been provided. The application cannot be approved, and a preliminary permit should not be granted, until these deficiencies are remedied. ENVIRONMENTAL IMPACT SEVERITY MATRIX Category Thermal Load and Heat HIGH Unmodeled 341.2 million BTU/hr output; no thermal Dispersion plume analysis Anadromous Fish and Salmon HIGH Primary migration corridor; no impact assessment filed Migration Cook Inlet Beluga Whale (ESA HIGH Critical habitat overlap; no ESA Section 7 consultation Listed) initiated Commercial Fishing Gear and -" " 1,650-acre footprint in active fishing grounds; no impact Access assessment Tidal Power -Cooling Compound Double failure state unmodeled; no engineering solution Failure proposed Benthic Habitat and Seabed HIGH No substrate survey; no anchoring/mooring Disturbance specifications filed Marine Mammal Harassment HIGH No MMPA incidental take authorization filed (MMPA) Navigation and Vessel Safety MODERATE No navigational hazard assessment; no marking plan Noise and Underwater Acoustics MODERATE No acoustic impact study for construction or operation Electromagnetic Field Effects MODERATE 115 W cable EMF impacts on sensitive species unassessed Cable Landing Zone Impacts MODERATE Nikiski Industrial Corridor shoreline disturbance unassessed Commercial Fishing Community HIGH No economic impact assessment; $9.5-10M annual Economic Harm fishery at risk Sport Fishing and Tourism MODERATE No impact assessment on sport fishery or tourism economy Applicant Technical HIGH No energy development experience demonstrated Qualifications Regulatory Notification HIGH City of Kenai and KPB not notified per 18 C.F.R. Section Compliance 4.32 AEA Relationship HIGH Potential 18 U.S.C. Section 1001 violation under Misrepresentation investigation Cumulative Impacts "Mm No cumulative impact analysis with existing Cook Inlet industrial uses 1. THERMAL LOAD AND HEAT DISSIPATION FAILURE Project Parameters: The proposed facility generates 100 megawatts of continuous electrical output. This output represents conversion losses from approximately 117 to 125 megawatts of tidal energy input, with the difference dissipated as heat directly into Cook Inlet seawater. The 66 subsea data center pods additionally generate computing heat from the full 100-megawatt computing load. The combined continuous thermal output is equivalent to approximately 341.2 million BTUs per hour entering the Cook Inlet water column. Cooling Requirement: To limit localized temperature rise to 1 degree Celsius, the facility requires continuous water exchange at approximately 380,000 to 387,000 gallons per minute. This assumes optimal tidal current conditions. The application provides no calculations for this requirement and no model demonstrating that this exchange rate can be achieved under all operational conditions. 1.1 Slack Tide Thermal Accumulation Upper Cook Inlet is characterized by mixed semi -diurnal tides with high diurnal inequality. This tidal pattern produces up to four zero -velocity slack tide periods per day, as well as extended low -flow periods during neap tide cycles. During slack tide, ambient tidal circulation stops completely. The passive cooling mechanism that the 66 data center pods rely on collapses. The 341.2 million BTU per hour thermal output continues unabated while the dilution and dispersion capacity of the water column drops to near zero. CRITICAL DEFICIENCY: The application contains no computational fluid dynamics model of thermal accumulation during slack tide. No thermal threshold analysis for any species present in the East Foreland Corridor has been filed. No assessment of the frequency, duration, or maximum temperature of superheated thermal pockets during slack tide is provided. 1.2 The Power -Cooling Double Failure State The marine hydrokinetic turbines that generate power for the data center pods cease operating during zero -velocity, slack tide simultaneously with the collapse of passive cooling. This creates a compounded failure state: maximum thermal accumulation from continuous computing load at the same moment as zero electrical generation. Active cooling responses such as electric circulation pumps require power that is unavailable during this interval unless battery storage or a grid interconnection is installed. Neither is described in the application. CRITICAL DEFICIENCY: No engineering solution to the power -cooling double failure state is proposed. Any solution: active pumps, thermal storage buffers, variable load management: constitutes a materially different project than what was filed and requires a substantially revised application with full environmental analysis. 2. ANADROMOUS FISH AND SALMON MIGRATION IMPACTS The East Foreland Corridor of Upper Cook Inlet is a primary migration pathway for multiple Pacific salmon species. Sockeye salmon supporting the Kenai River late run, among the largest sockeye runs in the world, transit the East Foreland Corridor during their upstream migration. Chinook salmon, coho salmon, and pink salmon also use these waters. The proposed 1,650-acre project footprint sits directly across these migration pathways. 2.1 Temperature Sensitivity of Salmonids Pacific salmon are ectotherms whose metabolic function, migration timing, immune response, and reproductive success are directly governed by ambient water temperature. Sockeye salmon optimal temperature range is 12 to 14 degrees Celsius. Chinook salmon experience physiological stress above 15 degrees Celsius. Temperature increases of even one to two degrees Celsius above ambient in a migration corridor produce measurable avoidance behavior, disorientation, migration delay, and in severe cases complete migration failure. Chronic thermal barriers at the scale of a 1,650-acre installation can redirect migration routes, delay spawning timing, and reduce spawning success. 2.2 Thermal Barrier Effects Superheated thermal pockets accumulating during slack tide in the East Foreland Corridor would create temperature barriers in the water column directly in the path of migrating salmon. Unlike static thermal barriers such as those from power plant cooling water discharges, the thermal pockets from the DeepGreen facility would be intermittent, appearing and intensifying with each slack tide and dispersing when tidal flow resumes. This intermittent pattern may be more disruptive to salmon navigation than a consistent thermal barrier because salmon cannot learn to route around a barrier that changes location and intensity with each tidal cycle. NEGATIVE IMPACT: Primary salmon migration corridor in the East Foreland Corridor directly overlapped by 1,650-acre project footprint. No salmon migration impact assessment filed. No thermal barrier modeling for any salmon species. No consultation with ADF&G Sport Fish or Commercial Fisheries Divisions documented. 2.3 Turbine Strike Risk Up to 350 marine hydrokinetic turbines operating in primary salmon migration pathways present direct strike risk to migrating adults and outmigrating juveniles. Juvenile salmon migrating from Kenai River and other systems through the East Foreland Corridor are particularly vulnerable to turbine strike given their small size relative to turbine clearances. The application provides no turbine design specifications, blade clearance dimensions, or strike probability analysis for any life stage of any salmonid species. CRITICAL DEFICIENCY: No turbine strike mortality estimate for salmon has been filed. No entrainment analysis for juvenile salmon has been conducted. No fish passage plan has been provided. 3. MARINE MAMMAL IMPACTS Upper Cook Inlet supports multiple marine mammal species, including species listed as threatened or endangered under the Endangered Species Act and protected under the Marine Mammal Protection Act. 3.1 Cook Inlet Beluga Whale The Cook Inlet beluga whale (Delphinapterus leucas) is listed as critically endangered under the ESA. The Cook Inlet beluga population has declined from approximately 1,300 animals in 1979 to an estimated 331 animals based on NOAA's most recent published aerial survey conducted in June 2022 (range 290 to 386). A new aerial survey was conducted in June 2025 with results pending analysis. The population has declined by approximately 75 percent from its historic level. The Cook Inlet beluga's range encompasses the entire Upper Cook Inlet including the East Foreland Corridor. The proposed 1,650-acre project footprint with 330 to 350 turbines and 66 subsea pods constitutes a permanent installation within critical habitat for a critically endangered species with a population so small that any additional mortality or significant habitat disruption could accelerate extinction. CRITICAL DEFICIENCY: No ESA Section 7 consultation with the National Marine Fisheries Service has been initiated. No biological assessment for Cook Inlet beluga whales has been filed. No incidental take statement under the MMPA has been sought. These are legal prerequisites to any license or permit authorization for activities affecting listed species. 3.2 Other Marine Mammals Harbor porpoise, Steller sea lions, and harbor seals are regular occupants of Upper Cook Inlet waters and the East Foreland Corridor. Turbine strike risk, construction noise, operational acoustic disturbance, and thermal plume effects on prey distribution all present potential impacts to these species. No marine mammal impact assessment addressing any of these species has been filed. NEGATIVE IMPACT: Installation of 350 turbines in Cook Inlet beluga critical habitat without ESA Section 7 consultation is not legally permissible. FERC cannot issue a preliminary permit for activities in critical habitat without consultation. 4. BENTHIC HABITAT AND SEABED DISTURBANCE The East Foreland Corridor seabed supports benthic invertebrate communities, eelgrass beds in shallower margins, and substrate habitats used by Dungeness crab, razor clams, and other commercially and ecologically significant species. The installation of 330 to 350 turbine foundations, 66 pod anchoring systems, and associated cable infrastructure across a 1,650-acre footprint at depths of 45 to 166 feet will produce direct seabed disturbance of significant scale. Construction -phase sediment disturbance will produce turbidity plumes that smother benthic organisms and potentially affect spawning substrate used by Pacific herring and other species. Turbine anchoring systems and pod mooring infrastructure will produce long-term habitat modification of the seabed within the project footprint. No benthic habitat survey has been conducted, no substrate characterization is provided in the application, and no sediment disturbance or turbidity modeling has been filed. CRITICAL DEFICIENCY: No benthic habitat assessment. No sediment transport analysis. No eelgrass survey. No substrate characterization for any portion of the 1,650-acre footprint. 5. NAVIGATION HAZARDS AND COMMERCIAL FISHING GEAR CONFLICT Upper Cook Inlet supports an active commercial fishing fleet operating drift gillnet and set gillnet gear in the East Foreland Corridor and adjacent statistical areas. The installation of 330 to 350 turbine structures, 66 subsea pods, associated mooring systems, and the 3.5-mile subsea power cable creates extensive commercial fishing gear conflict hazards across the project area. Drift gillnet gear set in the East Foreland Corridor would be at risk of entanglement with turbine structures and mooring lines. Set gillnet gear deployed in adjacent statistical areas would be affected by altered current patterns around the turbine array. The 3.5-mile subsea cable running from the East Foreland Corridor to the Nikiski Industrial Corridor creates an additional linear gear conflict zone. No navigational hazard assessment, no gear conflict study, and no marking or buoying plan has been filed. NEGATIVE IMPACT: Over 1,300 active Upper Cook Inlet commercial fishing permits, representing $9.5 to $10 million in historical annual revenues, depend on access to the East Foreland Corridor and adjacent fishing grounds. The project area overlaps directly with ESSN statistical areas 244-21 through 244-42 and adjacent drift gillnet grounds. No commercial fishing impact assessment has been conducted. 6. UNDERWATER NOISE, VIBRATION, AND ELECTROMAGNETIC FIELDS 6.1 Construction Noise Installation of 330 to 350 turbine foundations and 66 subsea pod anchoring systems in Cook Inlet waters will require pile driving, drilling, or other foundation installation methods that produce intense underwater noise. Pile driving produces impulsive noise events that have been documented to cause auditory trauma, behavioral disruption, and mortality in fish and marine mammals at ranges of hundreds to thousands of meters. No underwater noise impact assessment for construction activities has been filed. 6.2 Operational Turbine Noise Marine hydrokinetic turbines produce continuous low -frequency noise during operation. Low -frequency underwater noise has been documented to cause auditory masking in marine mammals, interfere with fish lateral line sensing, and alter fish schooling and migration behavior. The cumulative acoustic footprint of 330 to 350 simultaneously operating turbines across a 1,650-acre array has not been modeled. 6.3 Electromagnetic Fields from Subsea Cable The 3.5-mile 115-kilovolt hybrid power and fiber-optic armored subsea cable will generate electromagnetic fields along its entire length from the East Foreland Corridor to the Nikiski Industrial Corridor. Elasmobranchs including Pacific sleeper sharks and skates that use Cook Inlet waters are acutely sensitive to electromagnetic fields through their ampullae of Lorenzini and may be behaviorally disrupted by cable EMF. Pacific salmon have also been shown to use geomagnetic cues for navigation, and cable EMF at sufficient intensity may interfere with salmon geomagnetic orientation during migration. CRITICAL DEFICIENCY: No EMF impact assessment for cable route. No acoustic impact study for construction or operation. 7. CABLE LANDING ZONE: NIKISKI INDUSTRIAL CORRIDOR The proposed subsea cable landing site in the Nikiski Industrial Corridor, positioned between the Agrium Kenai Nitrogen Operations facility and the Kenai Liquefied Natural Gas Plant, introduces a second zone of environmental and community impact distinct from the offshore project footprint. Shoreline construction for the cable landing will disturb intertidal habitat and adjacent nearshore waters at the Nikiski Industrial Corridor. The Kenai River estuary is located several miles to the south, and the intertidal areas north of Kenai along the Nikiski shoreline provide juvenile salmon rearing habitat. Shoreline construction in and adjacent to these habitats requires a Clean Water Act Section 404 permit from the Army Corps of Engineers and a CWA Section 401 water quality certification from the Alaska Department of Environmental Conservation. Neither has been applied for. The application makes no reference to the cable landing environmental impacts. NEGATIVE IMPACT: Cable landing construction in the Nikiski Industrial Corridor, adjacent to active LNG and chemical manufacturing facilities, introduces industrial construction hazard near existing industrial risk. No safety analysis of cable landing operations in proximity to the Kenai LNG facility and Agrium nitrogen plant has been conducted. 8. COMMUNITY AND SOCIOECONOMIC IMPACTS 8.1 Commercial Fishing Industry The Upper Cook Inlet commercial fishing industry generates approximately $9.5 to $10 million in annual ex -vessel revenues supporting fishing families, vessel operators, crewmembers, processors, and support businesses throughout the Kenai Peninsula. The fishery has been the subject of five consecutive federal disaster declarations covering 2018, 2020, 2021, 2022, and 2023. A 1,650-acre permanent installation in primary fishing grounds that eliminates or restricts commercial fishing access would impose direct economic harm on a federally recognized disaster -affected industry with no compensatory mechanism described in the application. NEGATIVE IMPACT: No commercial fishing impact assessment. No economic impact analysis. No mitigation plan for loss of fishing access. No compensation or buyout mechanism for affected permit holders. 8.2 Sport Fishing and Tourism The Kenai River supports one of the world's premier sport fishing destinations, with Kenai River Chinook salmon and sockeye salmon drawing thousands of anglers annually. The Kenai Peninsula's sport fishing and outdoor tourism economy contributes hundreds of millions of dollars annually to the regional economy. Degradation of salmon returns through thermal barrier effects, turbine strike mortality, or migration disruption would impose direct harm on sport fishing guides, lodges, charter operators, and the broader tourism economy of the Kenai Peninsula Borough. NEGATIVE IMPACT: No sport fishing impact assessment. No tourism economic impact analysis. 8.3 Nikiski Community Impacts The community of Nikiski, located within the Kenai Peninsula Borough adjacent to the proposed cable landing site, would experience direct community impacts from the cable landing construction including increased industrial traffic on the Kenai Spur Highway, shoreline construction noise, and the permanent presence of subsea cable infrastructure in the intertidal zone. The cable landing site between the Agrium facility and the Kenai LNG plant concentrates industrial infrastructure in an area already characterized by heavy industrial use. No community impact assessment for the Nikiski area has been conducted. NEGATIVE IMPACT: Kenai Peninsula Borough was not notified of the project application per 18 C.F.R. Section 4.32. City of Kenai was not notified. Neither the Borough nor the City had the opportunity to participate in the preliminary permit process as required. 9. REGULATORY COMPLIANCE DEFICIENCIES The DeepGreen preliminary permit application is deficient under multiple federal and state regulatory frameworks. The following authorizations are required before any license for this project could be issued and have not been initiated. Additionally, Section 4(e) of the Federal Power Act,16 U.S.C. Section 797(e), requires FERC to impose conditions protecting fish, wildlife, and existing resource uses in any license it issues. Commercial fishing in Upper Cook Inlet is an established resource use that FERC must protect under this mandatory statutory standard: ESA Section 7 Consultation: Required before any federal action that may affect listed species including Cook Inlet beluga whale. Not initiated. MMPA Incidental Take Authorization: Required before activities that may harass or injure marine mammals. Not applied for. CWA Section 404 Permit: Required for cable landing construction in waters of the United States. Not applied for. CWA Section 401 Water Quality Certification: Required from ADEC before any federal permit for activities affecting water quality. Not applied for. Coastal Zone Management Act Consistency: Required for federal actions affecting Alaska's coastal zone. No consistency determination filed. Alaska Anadromous Fish Habitat Permit: Required from ADF&G for activities affecting anadromous fish habitat. Not applied for. Army Corps of Engineers Section 10 Permit: Required for structures in navigable waters of the United States. Not applied for. Municipal Notification: Required under 18 G.F.R. Section 4.32(a)(2) for all municipalities in or adjacent to the project area. City of Kenai and Kenai Peninsula Borough were not notified. 10. APPLICANT QUALIFICATIONS AND FINANCIAL CAPACITY DeepGreen Cook Inlet SPV LLC was incorporated in Delaware in January 2026, one month before filing its FERC preliminary permit application. The entity is a special purpose vehicle with no demonstrated operational history, no prior energy project development experience, and no documented technical or financial capacity to conduct the environmental and engineering studies that a preliminary permit authorizes. The managing member, Louis Wolfson, is a luxury real estate developer from Needham, Massachusetts with no publicly documented background in marine energy development, subsea engineering, or environmental permitting. A preliminary permit authorizes the holder to conduct studies of the project site and pre-empts competing applications during the permit period. Granting a preliminary permit to an applicant with no demonstrated technical qualifications or financial capacity to conduct the authorized studies would occupy the project docket for up to three years while preventing other potentially legitimate applicants from filing competing applications. FERC has authority to require evidence of technical and financial qualifications as a condition of preliminary permit issuance. 11. CONCLUSIONS AND RECOMMENDATIONS The DeepGreen Cook Inlet Subsea -Compute and Infrastructure Hub Project as filed presents seventeen categories of significant environmental impact, regulatory non-compliance, and community harm. The application lacks the fundamental technical and environmental data necessary for the Commission to evaluate any aspect of the project's compatibility with Cook Inlet's ecology, commercial fishing industry, marine mammal population, or salmon resource. The application should not proceed without: 1. Complete thermal plume model under all tidal conditions including slack tide. 2. Full computational fluid dynamics model of the power -cooling double failure state. 3. ESA Section 7 consultation for Cook Inlet beluga whale initiated with NMFS. 4. Anadromous fish impact assessment including salmon migration, turbine strike, and thermal barrier analysis. 5. Marine mammal impact assessment and MMPA incidental take authorization application. 6. Commercial fishing impact assessment covering all gear types, permit holders, and access zones. 7. Benthic habitat survey and sediment disturbance analysis for the full 1,650-acre footprint. 8. Underwater acoustic impact assessment for construction and operational phases. 9. Cable route EMF assessment for all sensitive species along the 3.5-mile cable corridor. 10. Physical and structural specifications for all turbines, pods, and anchoring systems. 11. Investigation of the AEA relationship misrepresentation under 18 U.S.C. Section 1001. 12. Evidence of applicant technical and financial qualifications to conduct authorized studies. Alaska Commercial Fisheries Conservation Alliance I EIN: 42-5019410 1 acfca@acfcaadvocacy.org I acfcaadvocacy.org i 918- 953-0039