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HomeMy WebLinkAbout2009-09-16 Council PacketMAKE 27 PACKETS d9 COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: /6 alvz' 7 Mayor/Council Senior Center Clerk Police Department Attorney City Manager Finance Airport r /tea 3, 4 f,11.. To" Ivr /Floyd Kebschull /Carver Ogle Christine Library (2) AGENDA DISTRIBUTION Parks Recreation j, Clarion DELIVER Council and Student Representative Packets to Police Department Dispatch desk. Fire Department v Schmidt Student Rep. Hall Binder Mellish y L5 s Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter The Clarion, Mellish Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula C /arion (at email folder Work Session /Special Meetings, or Composition in Contacts or (bell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. A d (17 0, i, r1 --f I I 1 in I Ellil 1- M I I 1 JOHNSON I ELDRIDGE I 1 MOLLOY I bow kkr NO NH, MOORE ELDRIDGE SSOd MOLLOY BOYLE PORTER SMALLEY A d (17 0, i, r1 --f LP' 1 in S Ellil 1- II 1111 1 JOHNSON 1 MOORE ELDRIDGE SSOU I 1 MOLLOY I l ong -8tie NOSNHOr1 MOORE ELDRIDGE ss c»iJ I MOLLOY 1BOYLE PORTER SMALLEY a ea en z D CO `cc 0 w O 0 LLJ 0 0 J J 0 w 0) OEM MEM IMMO CO z S 0 0 O r Cn JJ J F— 0 000 c an en z 0 co z 0 w 0 0 2 w c3 0 w 0 w O J -J 0 w J 0 m w h cc 0 0 w J Q co COUNCIL MEETING OF ELDRIDGE SMALLEY d (17 0, I d/ 1 S Ellil 1 JOHNSON 1 MOORE ELDRIDGE SSOU I 1 MOLLOY 1BOYLE ddfJOd 1 SMALLEY a ea en z D CO `cc 0 w O 0 LLJ 0 0 J J 0 w 0) OEM MEM IMMO CO z S 0 0 O r Cn JJ J F— 0 000 c an en z 0 co z 0 w 0 0 2 w c3 0 w 0 w O J -J 0 w J 0 m w h cc 0 0 w J Q co COUNCIL MEETING OF ELDRIDGE SMALLEY 1 I h/ 7/ II s 1 III 5 III 1 2 I 1 '63 JOHNSON 1 MOORE ELDRIDGE SS02i MOLLOY 11 BOYLE PORTER SMALLEY 1 J li S S 5 1 2 I 1 JOHNSON 1 3_OOW ELDRIDGE SS02i MOLLOY x 1AO I PORTER SMALLEY S 2 JOHNSON IMOORE 11 ELDRIDGE L SS02i I MOLLOY BOYLE PORTER SMALLEY co a w 0 0 5 w 0 0 0 J w 0) 0 0 J J 0 5 w J 0 0] a w 0 a 0 5 z 0 z 0 w cc 0 0 5 0 J J 0 2 w J 0 m w H 0 a w -J J 5 N 2 Z Z 0 w 0 0 2 w 0 0 E 0 111 CC 0 0 J J 0 2 w -J 0 03 cc w H 0 a COUNCIL MEETING OF: ELDRIDGE SMALLEY TESTIMONY SIGN-IN SHEET RESIDENCE ADDRESS] RHONE NUMBER RESIDENT ADD AS: ADD AS: No changes. SEPTEMBER 16, 2009 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET Item D -7a Substitute Resolution No. 2009 -59 with R. Koch memorandum of explanation. Item D -8a Substitute Resolution No. 2009 -60 CONSENT AGENDA REQUESTED BY: CITY MANAGER CITY MANAGER the ciyof KENAI. ALASKA MEMO: TO: City Council FROM: Rick Koch DATE: September 11, 2009 SUBJECT: Substitute Resolutions 2009 -59 2009 -60 If you have any questions please contact me at your convenience. Village with a Past Gc with an/dare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 a Telephone: 907 283 -7535 FAX: 907 283 -3014 I I I I l 1992 The purpose of this memorandum is to recommend Council approval of the above referenced substitute resolutions. The purpose of the substitute is to increase the amount of funding available through the loan forgiveness to 2,000,000. The original resolution was in error in that it identified 1,800,000 was available through loan forgiveness. This was a misunderstanding on my part. This action will authorize the city manager to execute loan agreements with the Alaska Department of Environmental Conservation (ADEC), Alaska Clean water Fund (ACWF) and Alaska Drinking Water Fund (ADWF) loan programs. While this process requires utilizing the ADWF and ACWF loan programs, no debt is incurred by the City as 90% of the loan is forgiven by the State through funding provided for by the American Recovery Reinvestment Act (ARRA), and the remaining 10% is pre -paid by the City through funding from the Water Sewer Fund. The actual forgiveness may well be greater than 90% as `green" components of the projects are forgiven at 100 Our Bridge Access Water Sewer Project ranked high enough to have funding earmarked from the ARRA. The deadline for entering into loan agreements totaling $4,444,000 ($2,222,000 each ACWF ADWF) is September 30, 2009, so it is necessary for these resolutions to be adopted at the September 16, 2009 Council meeting. I received the deadline notification on September 8, 2009 (letter from ADEC attached). CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE SEPTEMBER 16, 2009 COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at its regular meeting of September 16, 2009. 1. Ordinance No. 2436 -2009 Increasing Estimated Revenues and Appropriations by $938.08 in the General Fund for Bureau of Highway Patrol Equipment Expenses. 2. Ordinance No. 2437 -2009 Increasing Estimated Revenues and Appropriations by $5,625.00 in the Congregate Housing Fund, Professional Services for an Increase in the Caretaker Contract in Excess of Originally Budgeted Amounts. 3. Ordinance No. 2438 -2009 Increasing Estimated Revenues and Appropriations by $18,628.00 in the Congregate Housing Fund, Repair and Maintenance for Installation of Landscaping Sprinklers Along the Front of the Vintage Pointe Housing Facility. 4. Ordinance No. 2439 -2009 Increasing Estimated Revenues and Appropriations by S7,163.00 for City Manager Pay and Benefits Increase in Excess of Originally Budgeted Amounts. 5. Resolution No. 2009 -57 Awarding the Bid to Floor Center, LLC for Kenai Fire Department Flooring Replacement 2009 for the Total Amount of $22,375.00. 6. Resolution No. 2009 -58 Confirming the Assessment Roll on the South Ames Road LID Street Improvement Special Assessment District. 7. Resolution No. 2009 -59 Authorizing the City Manager to Apply to the Department of Environmental Conservation for a Loan from the Alaska Drinking Water Fund for Water System Improvements. 8. Resolution No. 2009 -60 Authorizing the City Manager to Apply to the Department of Environmental Conservation for a Loan from the Alaska Clean Water Fund for the Construction of a Wastewater Treatment Project. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been ame ded by the Council prior to adoption witheut further public notice. Carol L. Freas, Kenai City Clerk Posted: September 17, 2009 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS him/ /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2436 -2009 Increasing Estimated Revenues and Appropriations by $938.08 in the General Fund for Bureau of Highway Patrol Equipment Expenses 2. Ordinance No. 2437 -2009 Increasing Estimated Revenues and Appropriations by $5,625.00 in the Congregate Housing Fund, Professional Services for an Increase in the Caretaker Contract in Excess of Originally Budgeted Amounts 3. Ordinance No. 2438 -2009 Increasing Estimated Revenues and Appropriations by $18,628.00 in the Congregate Housing Fund, Repair and Maintenance for Installation of Landscaping Sprinklers Along the Front of the Vintage Pointe Housing Facility 3 5 4, Ordinance No. 2439 -2009 Increasing Estimated Revenues and Appropriations by $7,163.00 for City Manager Pay and Benefits Increase in Excess of Originally Budgeted Amounts 7 5. Resolution No. 2009 -57 Awarding the Bid to Floor Center, LLC for Kenai Fire Department Flooring Replacement 2009 for the Total Amount of $22,375.00 9 6. Resolution No. 2009 -58 Confirming the Assessment Roll on the South Ames Road LID Street Improvement Special Assessment District 11 7. Resolution No. 2009 -59 Authorizing the City Manager to Apply to the Department of Environmental Conservation for a Loan from the Alaska Drinking Water Fund for Water System Improvements 8. Resolution No. 2009 -60 Authorizing the City Manager to Apply to the Department of Environmental Conservation for a Loan from the Alaska Clean Water Fund for the Construction of a Wastewater Treatment Project 18 52 ITEM E: MINUTES 1. *Regular Meeting of September 2, 2009 83 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 102 2. Approval of Purchase Orders Exceeding $15,000 103 3. *Ordinance No. 2441 -2009 Declaring that Lots 12, 13, 14, 15 and 16, Block 3, East Addition, Townsite of Kenai, Kenai, Alaska, Also Known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, Shall be Retained by the City of Kenai for a Public Purpose 4. *Ordinance No. 2442 -2009 Increasing Estimated Revenues and Appropriations by $108,656 in the General Fund for Upgrade of the Dispatch Center and Pass Through Funds to the Cities of Soldotna and Homer 5. *Ordinance No. 2443 -2009 Increasing Estimated Revenues and Appropriations by $2,517.77 in the Airport Fund Training Facility, Repair and Maintenance for Major Maintenance on the Facility's Emergency Breathing System Compressor 6. *Ordinance No. 2444 -2009 Increasing Estimated Revenues and Appropriations by $46,651 in the General Fund for the Purchase of In -Car Video Cameras and Portable Breath Test Instruments Made Possible Through an Alaska Highway Safety Office Equipment Grant 104 107 109 111 7. Approval Agreement for Services /Vintage Pointe Caretaker 113 8. Approval Easement for State Communications Tower /Homer Electric Association, Inc 129 9. Approval City of Kenai Pandemic Flu Emergency Response Plan 134 10. Discussion Schedule Board of Adjustment Hearing 170 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 174 5. Parks Recreation Commission 6. Planning Zoning Commission 178 7. Miscellaneous Commissions and Committees a. Beautification Committee 185 b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention Visitors Bureau 190 f. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 192 2. City Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM L: ITEM M: ADJOURNMENT PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2362 -2008 Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION None Scheduled. INFORMATION ITEMS SEPTEMBER 16, 2009 Page No. 9/16/2009 Purchase Orders Between $2,500 and $15,000 for council review 205 2. 9/2/09 Senator J. Paskvan thank -you letter (related to Resolutions No. 2009- 32 and 2009 -37) 206 3. 9/10/09 Kenai River Special Management Area Meeting Agenda and minutes of 8/13/09 meeting 207 4. 9/15/09 Kenai Peninsula Borough Assembly Meeting Agenda 214 ADD AS: Item D -7a Substitute Resolution No. 2009 -59 with R. Koch memorandum of explanation. CITY MANAGER ADD AS: Item D -8a Substitute Resolution No. 2009 -60 CITY MANAGER No changes. SEPTEMBER 16, 2009 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET CONSENT AGENDA REQUESTED BY: lhcc of KE< SKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $938.08 IN THE GENERAL FUND FOR BUREAU OF HIGHWAY PATROL EQUIPMENT EXPENSES. WHEREAS, since July 1, 2009, the Kenai Police Department has one police officer participating with the Alaska State Troopers Bureau of Highway Patrol traffic team; and, WHEREAS, the Bureau of Highway Patrol has agreed to reimburse the City of Kenai for equipment expenses related to equipping a new officer that was hired to temporarily replace the veteran officer who participates with the BHP traffic team; and, WHEREAS, uniform and gear expenses for July of 2009 to equip the new police officer totaled $938.08, and were paid out of the police operating account; and, WHEREAS, the City will receive reimbursement from the State of Alaska BHP for these expenditures. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant Increase Appropriations: Police Operating Supplies $938.08 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2436 -2009 Suggested by: Administration PAT PORTER, MAYOR $938.08 hltroduced: September 2, 2009 Adopted: September 16, 2009 Effective: September 16, 2009 Memorandum To: Rick Koch, City Manager From: Gus Sandahl, Chief of Police Date: 8/26/2009 Re: Request for Ordinance Appropriating $938,08 into Police Operating Kenai Police Department Since July 1, 2009, Officer Casey Hershberger has worked with the AST Bureau of Highway Patrol as part of a multi jurisdictional partnership aimed at reducing fatal and major injury crashes in Alaska. The Bureau of I- lighway Patrol. (BHP) has agreed to reimburse the City of Kenai for the first year equipment costs for the new officer who was hired to replace Officer Hershberger while he temporarily works with the BHP. A grant from the Alaska Highway Safety Office is the source of the reimbursement funding. Equipment costs for the new officer in July of 2009 totaled $938.08. These costs included a ballistic protective vest and a winter parka. Both expenses were paid out of the police operating account. Since reimbursement checks from the State of Alaska are deposited into the City of Kenai general fund, I am requesting an ordinance to appropriate $938.08 back into the police operating account. Page 1 ORDINANCE NO. 2437 -2009 AN ORDINANCE O OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,625.00 IN THE CONGREGATE HOUSING FUND, PROFESSIONAL SERVICES FOR AN INCREASE IN THE CARETAKER CONTRACT IN EXCESS OF ORIGINALLY BUDGETED AMOUNTS. WHEREAS, a new contract is being negotiated for caretaking at the City's Congregate Housing Facil ly; and, WHEREAS, budgeted amount were based upon $2,000 per month and the contract being negotiated is based upon $2,500 per month for the services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Congregate Housing Fund: Increase Estimated Revenue Appropriation of Retained Earnings Increase Appropriations Professional Services PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] 3- Suggested by: Administration 5,625.00 $5,625.00 Introduced: September 2, 2009 Adopted: September 16, 2009 Effective: September 16, 2009 KENAI SENIOR CENTER Helping People Age with Dignity CITY OF KENAI MEMORANDUM TO: Rick Koch, City Manager FROM: Rachael Craig p DATE: August 25, 2009 REFERENCE: Facility Manager As of August 24, 2009, we have executed a contract with Bill Sadler to be the new facility manager for Vintage Pointe Manor. The contract covers the period of August 24, 2009 through September 30, 2009 and is at the rate of $2,500 per month. We interviewed three people for this position. I recommend we provide a salary in the amount of $2,500 /month including the manager's apartment. Bill Sadler comes with excellent recommendations, is very qualified to do repair and maintenance and he is required, if need be, to be on call 24/7. The FY2010 budget was approved with funding for $2,000 per month. A contract for the remainder of the fiscal year will be sought in the amount of $22,500 to begin on October 1, 2009, however sufficient funds are unavailable due to the increase in the per month contract price. In order to forward a contract for your approval at the September 16 Council Meeting, additional funding of $5,625 is needed. A supplemental appropriation is requested in the amount of $5,625 from retained earnings. 361 SENIOR COURT ENAI, ALASKA 99611 TELEPHONE: (907) 283 -4156 FAX: (90 i 83 -3200 E -MAIL: senior©ci.kenai.ak.us e GLy Of KENAI, ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $18,628.00 IN THE CONGREGATE HOUSING FUND, REPAIR AND MAINTENANCE FOR INSTALLATION OF LANDSCAPING SPRINKLERS ALONG THE FRONT OF THE VINTAGE POINTE HOUSING FACILITY. WHEREAS, sufficient funds remained in the Congregate iiui.SArlg Fund's Repair and Maintenance account at the end of fiscal year 2009; and, WHEREAS, the Center intended to have the sprinklers installed prior the end of the fiscal year; and, WHEREAS, the Center was unable to accomplish the installation prior to year end and the project was not included in the fiscal year 2010 budget; and, WHEREAS, the Center is requesting appropriation of Fiscal Year 2009 lapsed funds so as to not deplete the Center's Fiscal Year 2010 budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Congregate Housing Fund: Increase Estimated Revenue Appropriation of Retained Earnings Increase Appropriations Repair and Maintenance PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2438 -2009 PAT PORTER, MAYOR New Teat Underlined' [DELETED TEXT BRACKETED] -5- Suggested by Administration $18,628.00 $18,628.00 Introduced: September 2, 2009 Adopted: September 16, 2009 Effective: September 16, 2009 KENAI SENIOR CENTER Helping People Age with Dignity CITY OF KENAI MEMORANDUM TO: Rick Koch, City Manager FROM: Rachael Craig J DATE: August 25, 2009 REFERENCE: Vintage Pointe Landscaping Sprinkler System I would like to request supplemental funding from retained earnings in the Congregate Housing Fund in the amount of $18,628 for the installation of 2 waterlines for landscaping sprinklers by Preferred Plumbing and the installation of a landscaping sprinkler system from Colton Underground Sprinklers on the right and Left side front of Vintage Pointe Housing. The landscaping sprinkler project was expected to be completed by June 30, 2009 and paid with FY2009 available funds however the project was not able to be completed as originally planned. $40,935 was available at June 30 in the Congregate Housing Fund's repair and maintenance account that subsequently lapsed to retained earnings. The supplemental appropriation will accommodate payment for the sprinkler system from the funds originally identified to pay for it. 361 SENIOR COURT ALASKA 99611 TELEPHONE: (907) 283 -4156 Fax: (90 ;kr 3200 E -MAIL: senior @ci.kenai.ak.us ATTEST: CITY OF KENAI ORDINANCE NO. 2439 -2009 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,163.00 FOR CITY MANAGER PAY AND BENEFITS INCREASE IN EXCESS OF ORIGINALLY BUDGETED AMOUNTS. WHEREAS, City Council has authorized a FY2010, 4.5% COLA (Cost of Living Allowance) increase for the City Manager; and, WHEREAS, the effect of the increase for wages and benefits will be $7,163.00 and shall be applied retroactively to July 1, 2009. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenue Appropriation of Fund Balance $7,163.00 Increase Appropriations Clerk Salaries $5,625.00 Leave 152.00 Medicare 84.00 PERS 1,238.00 Unemployment Insurance 29.00 Workers Compensation 35.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lath day of September, 2009. PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance Introduced: September 2, 2009 Adopted: September 16, 2009 Effective: September 16, 2009 New Text underlined; [DELETED TEXT BRACKETED -7- the et of KENAV SKA To: Rick Koch, City Manager Li From: Terry Eubank Date: August 27, 2009 Re: Ordinance 2439 -2009 "Village with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907- 283 -3014 Ordinance 2439 -2009 appropriates the additional funds needed as a result of amendment to your employment contract that was approved at the August 19, 2009 Council Meeting. No cost of living increase was included in the FY2010 budget for the City Manger Position. An additional $7,163 is needed for the City Manager position to receive the 4.5% cost of living allowance the Council approved. With the amendment to the contract, similar ordinances will be avoided as the contract now indicates the timing and method for determining cost of living increases for the City Manager. BIDDER TOTAL Floor Center, LLC $22,375.00 Floor -Ever, Inc. $23,974.00 Decor Industries, Inc. S27,500.00 Four -D Carpet One, Inc. $29,418.37 1 Rainbow Builders, Inc. $30,031.00 thc«y of KENAI, ALASKA ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 2009 -57 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO FLOOR CENTER, LLC FOR KENAI FIRE DEPARTMENT FLOORING REPLACEMENT 2009 FOR THE TOTAL AMOUNT OF $22,375.00. WHEREAS, the following bids were received on September 1, 2009: and, WHEREAS, Floor Center, LLC's bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Floor Center, LLC; and, WHEREAS, the Council of the City of Kenai has determined that Floor Center, LLC's bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Kenai Fire Department Flooring Replacement 2009 be awarded to Floor Center, LLC for the total amount of $22,375.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September 2009. PAT PORTER, MAYOR Bidder Total Floor Center, LLC $22,375.00 Floor -Ever, Inc. $23,974.00 Decor Industries, Inc. $27,500.00 Four -D Carpet One, Inc. $29,418.37 Rainbow Builders, Inc. $30,031.00 the ayof NENA� SKA Rick, "Villaye with a Past, Gi with a Future TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Directorta' DATE: 8 September 2009 -10- 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 111111 1992 MEMO NDUM SUBJECT: AWARD OF CONTRACT; KENAI FIRE DEPARTMENT FLOORING REPLACEMENT 2009 The following sealed bids were received at City Hall at 2PM on 1 September 2009 for the subject project: This project will replace the floor covering on the Fire Department side of Kenai Public Safety Building. The total area for this flooring replacement project is about 5,000 square feet. The Police Department side of the building has recently been replaced by another contractor through a separate bid process. Floor Center, LLC is the apparent winner of this bid at $22,375.00. They are a local company which completed a carpet replacement project at Northstar Elementary School for the Kenai Peninsula Borough about four years ago. They mostly specialize in small main stream commercial flooring replacement projects that averages 2,500 square feet. Floor Center, LLC also has a lot of recent floor covering experience in residential and builder work areas. I believe Floor Center, LLC is capable of completing this contract in fully satisfactory manner. I recommend City Council approve the award of this contract to Floor Center, LLC. keny KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2009 -58 Section 3: Payment of Assessments: Suggested by: City Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING THE ASSESSMENT ROLL ON THE SOUTH AMES ROAD LID STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT. WHEREAS, a public hearing has been held on the final assessment roll for the South Ames road. LID Special Assessment District; and, WHEREAS, Council found the assessment roll to be proper. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1: The assessment roll attached to this Resolution is confirmed by the Council. Section 2: Assessments as identified on the assessment roll shall be levied against the properties in the Assessment District and are to be used to repay the General Fund. Assessments: A property Owner with assessments totaling: $5,001 to $10,000 ten equal annual installments $10,001 to $15,000 fifteen equal annual installments $15,001 twenty equal annual installments. When a property owner owns more than one lot in an improvement district, the total assessment of all the lots shall determine the repayment schedule. Payment in Installments: Installments shall include interest at the rate of ten percent (10 annually Installments shall be due on or before December 15 of each year. Payments shall be delinquent if not received by the first business day after December 15 of each year. Annual payments shall be in equal installments, including ten percent (10 interest. Delinquent installments will be charged a penalty of ten percent 10 on the entire installment with interest accruing at the rate of ten percent (10 per year on the unpaid principal portion of the installment. Resolution No. 2009 -58 Page 2 of 2 Single Payment: Assessments may be paid in full without interest if received by December 15, 2009: PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -12- PAT PORTER, MAYOR Carol Freas From: Jim Clark [jecI @gci.net] Sent: Monday, September 07, 2009 1222 PM To: Carol Freas Subject: Re: South Ames Road Special Assessment Carol Freas City Clerk Dear Ms Freas, Here is my objection to the 'Special Assessment' relating to paving Ames Road whereas the Final Assessment Roll dated August 19, 2009 lists 3 different amounts that relate to my parcel #4949024 (805 Ames Road). How can any intelligent land owner decipher which amount is appropriate to his/her parcel? Your letter to me dated August 27, 2009 does not specify which assessment amount applys to any of the owners along Ames Road. So I object. Clarify the amount owed and 1 might accept it. James A Clark Parcel #4949024 805 Ames Road Kenai, Ak 99611 3312 Princeton Way Anchorage, Ak 99508 907 274 -1469 1 -13- 9 -7 -09 Me of KENAI. ALASKA September 8, 2009 Wage with a Past, C mill a Attar 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us James A. Victoria J. Clark 3312 Princeton Way Anchorage, AK 99508 RE: SOUTH AMES ROAD LID IMPROVEMENTS SPECIAL ASSESSMENT DISTRICT FINAL ASSESSMENT ROLL Thank you for your email dated September 7, 2009 in which you requested clarification of which amount, included on the Final Assessment Roll forwarded to you with our letter of August 27, 2009, is the amount that applies to your property at 805 Ames Road (KPB Parcel #4949024). The first two columns on the Final Assessment Roll titled "Assessment Based on Equal Division' and "Assessment Based on Square Footage" were the methods first used for calculating the assessments and then were combined, resulting in the calculation in the last column entitled, "Pelch Angler Based on Sq. Ft. Remainder on Equal Division." This methodology was approved by the City Council through the passage of Resolution No. 2008 -47 (substitute). That resolution, which was forwarded to all property owners in the special assessment district through my letter dated October 27, 2008, prior to the resolution's public hearing held on November 5, 2008. The final assessment amount for your property is $6,257.07. A copy of your email and this letter will be included in the council meeting packet for the September 16, 2009 council meeting at which time council will consider the final assessment roll. If you have any questions, please contact me at 283 -8231 or cfreasr;ci.kenai.ak.us. CITY OF KENAI Carol L. Freas City Clerk Clf Cc: R. Koch, City Manager T. Eubank, Finance Director -14- '1 Carol Freas From: Jim Clark (jacl @gci.net] Sent: Friday, September 11, 2009 10:20 AM To: Carol Freas Subject: Re: South Ames Road Special Assessment Dear Ms Freas, 9 -11 -09 Thank you for your letter of clarification dated 9 -8 -09 wherein you state that the final Ames Road Improvement Assessment for my property #4949024) is $6,257.07. 1 will retract my previous letter of objection. James A Clark Original Message From: Carol Freas To: jacl(doci.net Sent: Tuesday, September 08, 2009 3:40 PM Subject: South Ames Road Special Assessment Mr. Clark, Attached is a response to your email transmission dated September 7, 2009 in which you objected to the final assessment roll. Please let me know if you have any additional questions or if, after reading the letter, which to retract your letter of objection. Thank you. Carol L. Frees, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 1 -15- thcu of KENAI Rick Koch, City Manager From: Terry Eubank Date: September 8, 2009 Tillage with a Past, C# with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907- 283 -3014 Re: South Ames Road LID Street hnprovement Special Assessment District Final Assessment Please find attached a spreadsheet showing the preliminary and final assessments for the South Ames Road LID Street Improvement Special Assessment District. The assessment methodology used and approved by a majority of property owners included the following main points: 1. The two biggest parcel owners (Michael J Pelch Jr. and Angler Enterprises Inc.) were assessed based upon the square footage of their lots in comparison to total square footage for all lots. The square footage for the two largest lots was reduced to their frontage on Ames Drive to a depth of 200 feet. The intent was to minimize the disproportionate effect of the large lot size compared to potential use of the road. 2. The remaining lots were assessed using equal distribution of costs remaining after calculation of assessment on Mr. Pelch and Angler Enterprises Inc. Two Lots in common, contiguous ownership, and being used as a single lot were considered one lot for assessment. 3. The cost of paving Basin View Drive totaled $7,:33.60 and was deducted from the total project cost of $255,418.80 prior to calculation assessment to the parcel owners. The total amount assessed for the project is $123,942.60. Final assessments are 27% less than the preliminary assessments approved by the property owners. The total project was $84,173.70 less than originally estimated. —16— Preliminary Estimated Final Assessment Assessemnt Due 22,338.95 16,30629 8,571.92 6,257.07 8,571.92 6,257.07 8,571.92 6,257.07 8,571.92 6,257.07 8,571.92 6,257.07 4,285,96 3,128.53 8,571.92 6,257.07 4,285.96 3,128.53 8,571.92 6,257.07 8,571.92 6,257.07 4,285.96 3,128.53 4,285.96 3,128.53 8,571.92 6,257.07 4,285.96 3,128.53 4,285.96 3,128.53 8,571.92 6,257.07 8,571.92 6,257.07 27,450.40 20,037,39 169,796.23 123,942.63 SOUTH AMES ROAD BASIN VIEW DRIVE LOCAL IMPROVEMENT DISTRICT FINAL ASSESSMENT Total Project Cost Basin View Paving Costs Property Owners Share (50 Preliminary Final 339,592.50 255,418.80 (7,533.60) 169,796.25 123,942.60 1 3 4 7 9 10 11 12 13 14 15 16 17 18 19 Property Owner Michael J Pelch Jr.* John Caudle Casey Bierner Sherman Smith Tennis M Miller Colleen Lynn Douglas Jerry C Evelyn L Huff** Rose Acceptance, Inc. Jerry C Evelyn L Huff Greg Terry L Davis James A Victoria J Clark Mack Carol Padgett Living Trust Mack Carol Padgett Living Trust" Kenneth L Elizabeth Smith Harris N Miller Harris N Miller William G Brenda L Bryant Ronald R Rogalsky Mary Jean Loveland Angler Enterprises Inc* Address 3936 Beaver Loop Rd 505 Ames Rd 515 Ames Rd 535 Ames Rd 609 Ames Rd 625 Ames Rd 710 Dolchok Ln 715 Ames Rd 765 Ames Rd 785 Ames Rd 805 Ames Rd 835 Ames Rd 855 Ames Rd 909 Ames Rd 911 Ames Rd 913 Ames Rd 925 Ames Rd 945 Ames Road 1001 Angler Dr, Square Footage reduced to 200' depth along Ames Road Frontage For purposes of an assessment based on an equal division, two lots in common, contiguous ownership being used as a single lot are considered one lot (112 lot each) -17- KPB Parcel 4949007 4926020 4926019 4926018 4926017 4926016 4926106 4926014 4904089 4904090 4949024 4949025 4904098 4949010 4949023 4949022 4949018 4949019 4949033 CITY OF KENAI RESOLUTION NO. 2009 -59 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR AN ALASKA DRINKING WATER FUND LOAN FOR THE CONSTRUCTION OF WATER DISTRIBUTION MAINS AND RELATED IMPROVEMENTS ALONG BRIDGE ACCESS ROAD FROM THE KENAI SPUR HIGHWAY TO BEAVER LOOP ROAD. WHEREAS, pursuant to AS 46.03.032 the State of Alaska, Department of Environmental Conservation. (ADEC) may make loans to municipalities from the Alaska Drinking Water Fund (ADWF) to pay for the cost of' designing, building, constructing, and rehabilitating public drinking water distribution systems; and, WHEREAS, the City has applied to ADEC for a loan from the ADWF for the Bridge Access Water Sewer Project, and ADEC has accepted the City's loan application (Preliminary ADWF Loan 475061); and, WHEREAS, ADEC will fund 90% or $1,500,000 of the loan through principal forgiveness through funding received through the American Recovery and Reinvestment Act (ARRA); and, WHEREAS, the City will prepay the City's 10% share ($200,000) and one -half percent (1/2 early repayment fee ($10,000), from the Water Sewer Fund, to ensure no debt is incurred; and WHEREAS, the construction of improvements will support existing commercial enterprises and new commercial development in the project area; and, WHEREAS, it is in the best interest of the City of Kenai to apply for an ADWF loan and authorize the City Manager to execute any and all documents required by the ADEC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to execute a loan agreement with the Alaska Department of Environmental Conservation for an ADWF loan for the construction of a water transmission main project along Bridge Access Road from the Kenai Spur Highway to Beaver Loop Road and the City Manager is authorized to execute any and all documents that may be required by the ADEC to reflect the terms of its repayment, and any security therefore, including but not limited to an agreement for the loan. -18- Resolution No, 2009 -59 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED -19- the n Ol KENAI, ALASKA September 9, 2009 Beth. A. Verrelli, PE Municipal Grams and Loans Alaska Department of Environmental Conservation D 555 Cordova Street, 4 Floor Anchorage, Alaska 99501 Subject: Kenai Bridge Access Road Sewer Main—Pending ACWF Loan No.475051 and 16" Water Main Bridge Access Road Pending ADWF Loan No 475061 Dear Ms. Verrelli: The purpose of this correspondence is to submit for your review and action executed applications for the above referenced loans. The resolutions go before Council for approval on September 16` and I will transmit the signed resolutions on September 17 There are several items on the checklist 1 have identified as "previously submitted 1 did not include those items in these applications. If you need additional copies of these items please let me know. Thank you for your attention in this matter, if you have any questions please contact me at your earliest convenience. Sincerely, Koch City Manager attachments AI "Village with a Past, Cry with a Future 11 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 sion of Water 1 1111 1 1992 Name of Community City of Kenai Address 210 Fidalgo Avenue, Kenai, AK 99611 Contact Name .Rick Koch. Title City Manager Telephone (907) 283 -8222 PROJECT [N FOF .MA.7. Project Name Bridge Access Road Water Transmission Main Location Kenai, AK Project Type: Water Ne T Construction X Upgrades Source Development Storage Facility Water Treatment 7 Distribution System STATE OF ALASKA ALASKA DRINKING WATER FUND APPLICATION FORM (W/ Economic Stimulus Funding) Description of Project Construct approximately 5,700 1.1 of 14" HDPE SDR 11/12" DEP CL52 and approximately 5001.f of 8" water distribution main, and trelated improvements along Bridge Access Road from the Kenai. Spur Highway to Beaver Loop Road. ASSISTANCE AMOUNT This application is for 5 2.000.000 in loan monies from the Alaska Drinking Water Fund. What loan pay back period would you prefer? Less Than 1 -Year Note: The loan pay back period m.ay not exceed 20 years. Rev. 4/09 Pagel of 4 -21- r Less Than 5 -years Up to 20 -Years Land Acquisition Capacity/Restructuring ADWF Application PROJECT C, Administration Legal Preliminary Studies /Reports Engineering Design Inspection/Surveying/Construction Management Construction Equipment Contingencies Other ES IMATED Loan Agreement Signed Preliminary Engineering Report Design Engineering Preparation of Bid Documents Award of Construction Contract Construction Initiation Construction Completion Initiation of Operation C?l'IJER FUNDING Total Project Costs D ULE What funds, if any, other than Alaska Drinking Water Fund monies are committed for this project? Federal Funds from: Other State Funds from: Other Local Funds From: Water Sewer Fund Other (Identify Source): Other (Identify Source): Rev. 4/09 Page 2 of 4 -22- 50.000 78.040 117,060 1 634,900 120.000 2,000,000 Estimated Date September 1.8, 2009 August 6, 2009 September 17. 2009 September 17, 2009 November 19, 2009 February 1, 2010 September 30 2010 September 30, 2010 Amount: Amount: Amount: Amou ount: 200 000 ADWF Applicati A separate account will he established within the municipality's accounting system through which financial assistance received from the Alaska Drinking Water Fund will be administered. I certify the above information is current and. correct. Signature C 0 0 CKEI If this project includes a request for American Recovery Reinvestment Act of 2009 (ARRA or economic stimulus Act) funding, the program form titled "Economic Stimulus Supplemental Application Form" must be completed and submitted with this main application form. DOCUMENTS TO BE SUMBITTED AS PART OF THIS APPLICATION: ADWF Financial Infomiation Form Z Preaward Compliance Review Report (EPA Form 4700 -4) 54 b Capacity Development Worksheet Rev. 4/09 Page 3 of 4 -23- Title Date Z Facility Plan p .v4 L 5%4'2 F Environmental Review Documentation e e-✓t City Manager Z Force Account Approval Forms and Equipment Rates, if applicable Z Certification from your City Attorney stating that the Municipality has sufficient legal authority to incur the debt for an Alaska Drinking Water Fund loan AND EITHER: A resolution from your city council authorizing this loan application and designating an official authorized to accept and manage an Alaska Drinking Water Fund Loan; or 7 A resolution from your city council authorizing this loan application and specifying that an additional resolution will be issued to authorize the acceptance of a loan offer from the Alaska Drinking Water Fund. All Applieano Submit Completed Application to: Alaska. Department of Envirorunenta.l Conservation Municipal Grams Loans 555 Cordova Street Anchorage, Alaska 99501 -2617 Rev. 4/09 Page 4 of 4 ADWF Application -24- GENERAL INFORMATION Name of Community City of Kenai STATE OF ALASKA CLEAN/DRINKING WATER FUND ECONOMIC STIMULUS SUPPLEMENTAL APPLICATION FORM Project Name Bridge Access Road Water Main Project/Loan Amount 2,000.000 Contact Name Rick Koch. Title City Manager Telephone (907) 283 8222 -25- 2 The following is a list of provisions out of the American Recovery and Reinvestment Act of 2009 (ARRA or economic stimulus Act) that are applicable to any funding agreement made to a borrower from ADEC for utilization of these funds, which is in addition to any standard loan program funding requirements. Please review each provision carefully on how it applies to your project and for acknowledgment, place a check mark in the box at the start of each provision listing. Also, note some of these provisions may require you to submit additional information with this application. At the end of the form, a representative of the borrower will be asked to sign and date their understanding of these provisions, and ensure applicable ones will be applied to this project. For more information and assistance in completing this assessment form, please contact the Municipal Matching Grants &Loans program i Anchorage at 907 -269 -7673, or in Juneau at 907- 465 -5300. Prohibited Uses Sec. 1604: None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. Rev. 4/09 Page 1 of 4 Economic Stimulus Fonn E Use of American Iron, Steel, and Manufactured Goods Sec. 1605: Use of American Iron, Steel, and Manufactured Goods. Note, additional information regarding potential exclusions of this provision may be accessed at the MGL programs web page at: h. ttp: /www.dec.state.ak.us/ water /muniloar/StimulusCap italization.htm (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved. finds that- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. Wage Rate Reuuirement Sec, 1606: Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1.950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. E Fixed Price Contracts Sec. 1554: To the maximum extent possible, contracts funded under this Act shall be awarded as fixed -price contracts through the use of competitive procedures. A summary of any contract awarded with such funds that is not fixed -price and not awarded using competitive procedures shall be posted in a special section of the website established in section 1.526. Rev. 4/09 Page 2 of 4 Economic Stimulus Fenn -26- E Recipient Report Due Dates and Content -1512 (c): Recipient Reports. -No later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from. a Federal agency shall submit a report to MGL that contains— (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including (A) the name of the project or activity; (B) a description of the project or activity; (C) an evaluation of the completion status of the project or activity; (.D) an estimate off the number of jobs crea d and the number of jobs retained by the project or activity; and (E) for infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), allowing aggregate reporting on awards below S25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. Note, an example reporting form template can be accessed at the following State web page: http: /www. d.ec. state. al<. a s /water /muniloan /S t'imulnsCapitalization.htm Priority for Funding to Protects Ready to Proceed: Priority for funds appropriated herein shall be given to projects on a State priority list that are ready to proceed to construction (or that have at least a signed contract in place) within 12 months of the date of enactment of this Act or by no later than January 18, 2010 for MGL to process a complete application for ARRA funding. Also, State priority lists may be referenced at the following web page: htto: /www.dec.state.ak.us /water/ nun. iloan /StimulusCapitalizati.on.hnn. Reserve for Green Proiects: To the extent there are sufficient eligible project applications, not less than 20 percent of the funds appropriated herein to the State for the Revolving Funds shall be for projects to address green infrastructure, water or energy efficiency improvements or other environmentally innovative activities. If the project or a component of the project potentially qualifies under ,green infrastructure criteria, please complete the MGL form titled. "Green Project Assessment Form." Also, if the project does meet criteria under the assessment form, the green component portion of the project will be offered a 100% subsidy with available ARRA funds. if the project does not have any green project component, please mark the box with an "N." Rev. 4/09 Page 3 of 4 Economic Stimulus Fo -27- I certify that I have reviewed the above information and as a representative of the borrower, ensure as applicable, provisions under this Act will he applied to this project. Rick Koch Name 4 Mt Signaeure Submit Completed Folio with Main. Application to: Title 91 Date Alaska Department of Environmental Conservation Municipal Grants Loans 555 Cordova Street Anchorage, AK. 99501-2617 City Manager Rev. 4/09 Page 4 of 4 Economic Stimulus Form -28- GENERAL INFSRAIATItN The following information is intended to show whether your community can afford to repay the proposed loan from the Alaska Drinking Water Fund. ADWF Form 02 7/01 ALASKA DRINKING WATER FUND Financial Information Form Loan Amount: 200,000 2,000,000 total, 90% forgiveness) Repayment Term in years: 1 (Loan repayment term may not exceed 20 years) Estimated Interest Rate: 11 (We Will provide an estimate if you wish) Estimated Annual Payment: 2 0 0, 0 54.8 0 (Given the above information, we will provide this if you wish) Please describe the sources of funding that will be used to repay the loan: General Funds Capital Reserves User Fees Assessments, LIDS Taxes (identify type) Other (identify) amount amount 53 amount amount Page of 2 -29- 200,054.80 amount amount Describe whether any of these sources of funding or revenue have bee:n previously pledged and, if so, please indicate the type of pledge or encumbrance (such as a previous bond sale, special assessment, legal or judicial settlement, etc.), amount pledged and any balance remaining: No Please describe any litigation that could affect your communities ability to repay this loan: None CURRENT DEBT INFORMATION Does your community have a debt ceiling? If so, what is it? N/A How much remains available? N/A What is your current level of bonded. indebtedness? 0 Please indicate the date, rating and amount of your last bond sale, Date.: Rating: Amount: Operating revenues: User fees collected: TOTAL Revenues: I certify the above Rick Koch Name /12 gig gn tune ADWF Form 02 7/97 CURRENT DRINKING WATER FINANCING Please provide the following information regarding your current annual water utilities budget. 52,228 464,560 516,788 ormation is corr and current. Operating expenses: Annual debt service: Other non operating expenses: TOTAL Expenses: 617,892 Reserves: 1,017,145 USER FEES If u ser Fees are intended to repay any portion of this loan, please submit: Existing ordinance that authorizes the collection of user fee Current fee structure Pertinent portions of your budget documents Most recent State single audit Most recent rate study or rate analysis Also, please complete the following: Number of existing residential and commercial users: Number of proposed residential and commercial users: How much will this loan repayment increase user fees? For example, how much will the average residential users monthly fee increase? This loan wi 11 not increase user fees Page 2 -30- City Manager Title September 8, 2009 Date 617,892 0 0 United States Environmental. Protection Agency Washington, DC 20460 Preaward Compliance Review Report for Ali Applicants and Recipients Requesting EPA Financial Assistance Note: Read instillations on other side before completing form, Applicant/Recipient (Name, Address, State, Zip Code). City of Kenai, 210 Fidalgo Avenue Kenai, AK 99611 EPA Project No. II. Is the applicant currently receiving EPA assistance? (See instructions on reverse side) No III. List all civil rights lawsuits and administrative complaints pending against the applicant/recipient that allege discrimination based on race, color, national origin, sex, age, or disability. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.) None IV. List all civil rights lawsuits and administrative complaints decided against the applicant/recipient within the last year that allege discrimination based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions. Please describe all corrective action taken. (Do not include employment complaint's not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.) None V. List all civil rights compliance reviews of the applicant/reeipient conducted by any agency within the last two years and enclose a copy of the review and any decisions, orders, or agreements based on the review, Please describe any corrective action taken. (40 C.F.R. 7.80(c)(3)) None VI..* Does the applicant/recipient provide initial and continuing age, or disability in its programs or activities? (40 a. Do die methods of notice accommodate those with b. Is the notice posted in a prominent place in the applicant's notice that it does not discriminate on the basis of race, color, national origin, sex, activities, in appropriate C.F.R. 5.140 and 7.95) a Yes No impaired vision or hearing? CI Yes No offices or facilities or, for education programs and Yes No periodicals and other written communications? i0 c. Does the notice identify a designated civil rights coordinator? 0 Yes No VII.* Does the applicantirecipient maintain demographic data on the race, color, national origin, sex, age, or handicap of the population it serves? (40 C.F.R. 7.85(a)) No, we use information provided by the US Census Kenai Peninsula Borough VIII.* Does the applicant/recipient have a policy/procedure for providing access to services for persons with limited English proficiency? (40 C.R.R. Part 7, E.O. 13166) Yes IX.* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it designated an employee to coordinate its compliance with 40 C.F.R. Parts 5 and 7? Provide the name, title, position, mailing address, e -mail address, fax number, and telephone number of the designated coordinator. Rick Koch, City Manager, 210 Fidalgo Ave, Kenai AK 99611, rkoch @ci.kenai ak.us, 907 907 283 8222 X" If the applicant/recipient is an education program or activity, or has 15 or more employees, has it adopted grievance procedures that assure the prompt and fair resolution of complaints that allege a violation of 40 C.F.R. Parts 5 and 7? Provide a legal citation or Internet address for, or a copy of, the procedures. Yes, employee handbook XI. Will all new facilities or alterations to existing facilities be designed and constructed to be readily accessible to and usable by persons with exception (40 C.F.R. 7.70) applies. No disabilities? Yes. If no, explain how a regulatory For the Applicant/Recipient I certify Mantle statements I have made on this form and all attachments thereto are true, accurate and complete. I acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law. '1 assure that twill fully comply with all applicable civil rights statutes and EPA. regulations. A. Sign�u of Autl°T ed ficial l d l E 8 B. Title of Authorized Official City Manager C. Date September 9, 2009 r tF F 9 For the 'U.S. Environmental Pro¢ee'6on Agency I have reviewed the information provided by the applicant/recipient and hereby certify that the applicant /recipient has submitted all information required by 40 C.F.R. Parts 5 and 7; that based on the information submitted, this application satisfies 40 C.F.R. Parts 5 and 7; and that the applicant has given assurance that it will fully comply with all applicable civil rights statutes and EPA regulations. A. Signature of Authorized EPA Official i B. Title of Authorized EPA Official C. Date Print Form FORM Approved By OMB: No. 2030 -0020 Expires 124 -2011. EPA Form 4700-4 (Rev. 0312008). Previous editio are obsolete. -31- STATE OF ALASKA /SEC MUNICIPAL MATCHING GRANTS FORCE ACCOUNT APPROVAL FORM This form presents force account expenses. You are under no obligation to claim al[ costs or to fill out the entire form. Sections A, B, G and H must be completed for each job classification. However, sections C, D, B and F are provided to assist you in computing your force account expenses and are not required. In addition, a list of equipment and charge rates for any city owned equipment which will be charged to the project will need to be submitted for eligibility consideration. Job Classification: card Projects Project Name Director A. Calculate Monthly Workhours Working Hours Per Month 173 33 (wort: hours per week x 52 weeks per year divided by months per year) B. Calculate Hourly Pay Rate Monthly Pay Rate Ranges from 6,257.58 to 7,823.75 Hourly Pay Rate Ranges from 37.66 to 45.14 (monthly pay rate divided by working hours per month Pay Rate Per Hour) C. Calculate 'dourly Benefit Rate Rev 4/99 Social. Security (FICA) Workers Compensation (W /C) Retirement Contribution (PERS) Unemployment Insurance (SUI) Total Benefits Percentage Hourly Benefit Rate Ranges from 9 28 to 11.13 (hourly pay rate x total benefits percentage Hourly Benefit Rate D. Calculate Hou nsurance Rate Health and Dental Ranges from Accidental Death Basic Life or Other: Total Insurance Benefits -32- 1.45 0.70 22.00 0.50 24.65 $5.88 to$5.B8 0022 to 0022 .0014 to .0014 5.8836 to$ 5.8836 Hourly Insurance Rate from 5.88 to 5.88 (total insurance benefits divided by working hours per month Insurance Rate Per Hour) Page 1 of2 ADEC Municipal Grants E. Calculate Hourly- Leave Rate Personal Leave Vacation Leave days per month ranges from 2 days to 2.75 days Sick Leave days per month ranges from F. Calculate Hourly Holiday Rate Paid Holidays Per Year 11 days G. Calculate Hourly Charge Rate Pay Rate 37.66 Benefit Rate 9.28 Insurance Rate 5.88 Leave Rate 3.48 Holiday Rate 1. Total; 57.89 H. Certification Rev 4/99 Signature Hourly Low Rate City Manager Title Page 2 of 2 -33- days to days Leave Hours Per Month Ranges From 16 hours to 22 hours (vacation plus sick leave days per month x working hours per day Leave Hours Per Month) Leave Rate Per Hour Ranges from 3.4 B to 5.73 hours (pay rate per hour x leave hours per month divided by working hours per month Leave Rate Per Hour) Holiday Rate Per Hour Ranges from 1 59 to 1.91 (paid holidays per year divided by 12 months divided by working hours per month x. working hours per day x pay per hour Holiday Rate Per Hour) Hourly High Rate 45.14 11.13 5.88 5.73 1.91 69.79 Based on the details shown above, we request approval of a low rate of 57 89 per hour, and a high rate of 69.79 per hour inclusive for all employees in this job classification engaged in force account work for the subject grant. August 4, 2009 Date ADEC Municipal Grants Alaska Department of Environmental Conservation Facility Construction and Operation 410 Willoughby Avenue, Suite 303 Juneau, Alaska 99811 RE: City of Kenai, Alaska $2,000,000 Clean Water Fund Loan, and $2,000,000 Drinking Water Fund Loan Ladies and Gentlemen: We have acted as counsel to the City of Kenai "City in connection with the authorization by the City of the loans referred to above "Loans The Loans are authorized by Resolutions Number 2009 -59 and 2009 -60 of the City, adopted September 2009 ("Resolutions"). We are of the opinion that: 1. Each of the Loans has been duly authorized in accordance with law, including the Resolutions, and that the City has sufficient legal authority to incur obligations to each of the Clean Water Fund and the Drinking Water Fund as provided in the Resolution. 2. Provided that the City prepays its obligations under each of the Loans as described in the Resolutions, upon the execution and delivery by the City of the assistance agreement for each of the Loans, each of the Loans will constitute a valid, binding special obligation of the City as provided in the Resolutions, enforceable in accordance with its terms, payable solely from the sources described in the Resolution. F: \505303\21000783 39.DOC September 2009 Very truly yours, BIRCH, HORTON, BITTNER and CHEROT Thomas F. Klinkner -34- CITY OF KENAI RESOLUTION NO. 2009 -59 -35- Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR AN ALASKA DRINKING WATER FUND LOAN FOR THE CONSTRUCTION OF WATER DISTRIBUTION MAINS AND RELATED IMPROVEMENTS ALONG BRIDGE ACCESS ROAD FROM THE KENAI SPUR HIGHWAY TO BEAVER LOOP ROAD. WHEREAS, pursuant to AS 46.03.032 the State of Alaska, Department of Environmental Conservation (ADEC) may make loans to municipalities from the Alaska Drinking Water Fund (ADWF) to pay for the cost of designing, building, constructing, and rehabilitating public drinking water distribution systems; and, WHEREAS, the City has applied to ADEC for a loan from the ADWF for the Bridge Access Water Sewer Project, and ADEC has accepted the City's loan application (Preliminary ADWF Loan 475061); and, WHEREAS, ADEC will fund 90% or $1,800,000 of the loan through principal forgiveness through funding received through the American Recovery and Reinvestment Act (ARRA); and, WHEREAS, the City will prepay the City's 10% share ($200,000) and one -half percent (1 /2 early repayment fee ($1.0,000), from the Water Sewer Fund, to ensure no debt is incurred, and WHEREAS, the construction of improvements will support existing commercial enterprises and new commercial development in the project area; and, WHEREAS, it is in the best interest of the City of Kenai to apply for an ADWF loan and authorize the City Manager to execute any and all documents required by the ADEC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to execute a loan agreement with the Alaska Department of Environmental Conservation for an ADWF loan for the construction of a water transmission main project along Bridge Access Road from the Kenai Spur Highway to Beaver Loop Road and the City Manager is authorized to execute any and all documents that may be required by the ADEC to reflect the terms of its repayment, and any security therefore, including but not limited to an agreement for the loan. Resolution No. 2009 -59 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September, 2009. ATTEST; Carol L. 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CAPP ad WA CIVOkf ESECOV POCHEIG 7 L 1 CENTRAL HTS. 1 1 K._ r ..1-- -46- gl Elevation EEnvotion a- n z a. 5 4D JAMMAC LaS SbI3NIONI livo tu natOOSSY NOS13t.1 t NV1111$ Zott 0 5 0 0 0. 30 =Itz 3331 0- 000 ff_ Ehf tg4 Etni -47- fV1 d0 S ONV E&-1W arm ss2oote30Q33a 5 igg 0,h 0. Ina /i8 .m SliVIOOSSN NOS1SN 'f INIT11 -48- IYN3M e AD ONV diva QvOM SSs'OOM .g6OId& AVM -30-1HO% eutyof KENAA�LASKA MEMO: TO: City Council l FROM: Rick Koch DATE: September 10, 2009 SUBJECT: Resolutions 2009 -59 2009 -60 Village with a Past, Cc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 makiityj Telephone: 907 283 -7535 FAX: 907 283 -3014 l�Il�l 7592 If you have any questions please contact me at your convenience. The purpose of this memorandum is to recommend Council approval of the above referenced resolutions. This action will authorize the city manager to execute loan agreements with the Alaska Department of Environmental Conservation (ADEC), Alaska Clean water Fund (ACWF) and Alaska Drinking Water Fund (ADWF) loan programs. While this process requires utilizing the ADWF and ACWF loan programs, no debt is incurred by the City as 90% of the loan is forgiven by the State through funding provided for by the American Recovery Reinvestment Act (ARRA), and the remaining 10% is pre -paid by the City through funding from the Water Sewer Fund. The actual forgiveness may well be greater than 90% as "green" components of the projects are forgiven at 100 Our Bridge Access Water Sewer Project ranked high enough to have funding earmarked from. the ARRA, The deadline for entering into loan agreements totaling $4,000,000 ($2,000,000 each ACWF ADWF) is September 30, 2009, so it is necessary for these resolutions to be adopted at the September 16, 2009 Council meeting. I received the deadline notification on September 8, 2009 (letter from ADEC attached). DEPT. OF ENVIRONMENTAL CONSERVATION DIVISION OF WATER MUNICIPAL GRANTS LOANS Dear Utility Owner /Operator: This letter is to notify you of the upcoming automatic by -pass date for all Group 1 and Group 2 projects listed under the State Fiscal Year (SFY) 2010 Alaska Clean Water Fund (ACWF) and Alaska Drinking Water Fund (ADWF) Intended Use Plans (IUP). These groups include all projects eligible to receive an American Recovery and Reinvestment Act of 2009 (ARRA) financial subsidy. As of October 1, 2009, all projects currently listed under the Group 2 Priority Planning List will be able to seek remaining unobligated funds. To be eligible for funding, the following conditions must be met: Projects must be "ready to proceed meaning a complete application is submitted, which includes ADEC approved plan and specifications along with bid ready set of documents. An environmental review determination request has been submitted to the MGL program and an agency determination public notice has been issued. If a situation occurs in which two or more projects meet similar criteria on the first two conditions above, the project with the higher ranking score on the priority list will have precedence for securing funding. The bypass procedure allows ARRA funds not committed to Group 1 or Group 2 priority funding projects by September 30, 2009 be made available to those projects appearing on the Group 2 priority planning list. October 1, 2009 will initiate the automatic by -pass procedure whereby any Group 2 priority planning list project that is ready to proceed can request ARRA funding. Although we cannot guarantee funding will be available for all projects, every effort will be made to secure ARRA funding for those community's /system's that are ready to submit a completed loan. application. Our commitment to obligate ARRA funding is driven by requirements of the ARRA Act. As stated in the IUP's, the final date a construction contract can be signed is January 18, 2009. After this date, any unobligated funds will be returned to the U.S. Environmental Protection Agency for redistribution to other States. -50- September 8, 2009 Sean Parnell, GOVERNOR 555 Cordova Anchorage, Alaska 99501 PHONE: (907) 269 -7616 FAX: (9071 269-7509 http:/ /www•state.ak.us /DEC! Dear Utility Owner /Operator September 8, 2009 Provisions for by -pass for each loan program may be referenced in the narrative sections of each JUP, and can be found at the following web links: ACWF: http: /www.dec.state.ak.us/ water /muniloan /pdfs /IUPACWF.PDF (page 7 -8) ADWF: http: /www.dec.state.ak.us water /muniloan /pdfs /IUPADWF.PDF (page 8) If you have any questions, please contact me at 269 -7616, or e -mail me at mike.lewisaalaska. gov. -51- Sincerely, a Michael P. Lewis Program Manager the of KENAA� SKA MEMO: Al ViWWage with a Past, a with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 i Telephone: 907 283 -7535 FAX: 907 283 -3014 1I !.l 1992 TO: City Council FROM: Rick Koch DATE: September 11, 2009 SUBJECT: Substitute Resolutions 2009 -59 2009 -60 The purpose of this memorandum is to recommend Council approval of the above referenced substitute resolutions. The purpose of the substitute is to increase the amount of funding available through the loan forgiveness to 2,000,000. The original resolution was in error in that it identified 1,800,000 was available through loan forgiveness. This was a misunderstanding on my part. This action will authorize the city manager to execute loan agreements with the Alaska Department of Environmental Conservation (ADEC), Alaska Clean water Fund (ACWF) and Alaska Drinking Water Fund (ADWF) loan programs. While this process requires utilizing the ADWF and ACWF loan programs, no debt is incurred by the City as 90% of the loan is forgiven by the State through funding provided for by the American Recovery Reinvestment Act (ARRA), and the remaining 10% is pre -paid by the City through funding from the Water Sewer Fund. The actual forgiveness may well be greater than 90% as "green" components of the projects are forgiven at 100 Our Bridge Access Water Sewer Project ranked high enough to have funding earmarked from the ARRA. The deadline for entering into loan agreements totaling $4,444,000 ($2,222,000 each. ACWF ADWF) is September 30, 2009, so it is necessary for these resolutions to be adopted at the September 16, 2009 Council meeting. I received the deadline notification on September 8, 2009 (letter from ADEC attached). If you have any questions please contact me at your convenience. elkk laala the c<ty o f KENAI. ALASKA CITY OF KENAI RESOLUTION NO. 2009 -59 SUBSTITUTE Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR AN ALASKA DRINKING WATER FUND LOAN FOR THE CONSTRUCTION OF WATER DISTRIBUTION MAINS AND RELATED IMPROVEMENTS ALONG BRIDGE ACCESS ROAD FROM THE KENAI SPUR HIGHWAY TO BEAVER LOOP ROAD. WHEREAS, pursuant to AS 46.03.032 the State of Alaska, Department of Environmental Conservation (ADEC) may make loans to municipalities from the Alaska Drinking Water Fund (ADWF) to pay for the cost of designing, building, constructing, and rehabilitating public drinking water distribution systems; and, WHEREAS, the City has applied to ADEC for a loan in the amount of $2,222,000 from the ADWF for the Bridge Access Water Sewer Project, and ADEC has accepted the City's loan application (Preliminary ADWF Loan 475061); and, WHEREAS, ADEC will fund 90% or $2,000,000 of the loan through principal forgiveness through funding received through the American Recovery and Reinvestment Act (ARRA); and, WHEREAS, the City will prepay the City's 10% share ($222,000) and one -half percent (1/2 early repayment fee ($11,110), from the Water Sewer Fund, to ensure no debt is incurred; and, WHEREAS, the construction of improvements will support existing commercial enterprises and new commercial development in the project area; and, WHEREAS, it is in the best interest of the City of Kenai to apply for an ADWF loan and authorize the City Manager to execute any and all documents required by the ADEC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to execute a loan agreement with the Alaska Department of Environmental Conservation for an ADWF loan for the construction of a water transmission main project along Bridge Access Road from the Kenai Spur Highway to Beaver Loop Road and the City Manager is authorized to execute any and all documents that may be required by the ADEC to reflect the terms of its repayment, and any security therefore, including but not limited to an agreement for the loan. Substitute Resolution No. 2009 -59 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] G.ENFRAL INFOR.MATl Name of community City of Kenai STATE OF ALASKA ALASKA CLEAN/DRINKING WATER FUND ECONOMIC STIMULUS SUPPLEMENTAL APPLICATION FORM Project Name Kenai Bridge Access Road Sewer Main Project /Loan Amount 2.222,000 Contact Name Rick Koch Title City Manager Telephone (907) 283 -8222 The following is a list of provisions out of the American Recovery and Reinvestment Act of 2009 (ARRA or economic stimulus Act) that are applicable to any funding agreement made to a borrower from ADEC for utilization of these funds, which is in addition to any standard loan program funding requirements. Please review each provision carefully on how it applies to your project and for acknowledgment, place a check mark in the box at the start of each provision listing. Also, note some of these provisions may require you to submit additional information with this application. At the end of the form, a representative of the borrower will be asked to sign and date their understanding of these provisions, and ensure applicable ones will be applied to this project. For more information and assistance in completing this assessment form, please contact the Municipal Matching Grants Loans program in Anchorage at 907 269 -7673, or in Juneau at 907 465 -5300. Prohibited Uses Sec. 1604: None of the funds appropriated or otherwise made available in this Act may be used by any State or local govemment, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. Rev. 4/09 Page 1 of 4 Economic Stimulus Form Use of American Iron, Steel, and Manufactured Goods Sec. 1605: Use of American Iron, Steel, and Manufactured Goods. Note, additional information regarding potential exclusions of this provision may be accessed at the MGL programs web page at: http: /www.dec. state, ak.us/ water/ mmriloan /StimulusCapitalization.htm (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel., and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron., steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. Wage Rate Requirement Sec. 1606: Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. Fixed Price Contracts -Sec. 1554: To the maximum extent possible, contracts funded under this Act shall be awarded as fixed -price contracts through the use of competitive procedures. A summary of any contract awarded with such funds that is not fixed -price and not awarded using competitive procedures shall be posted in a special section of the website established in section 1526. Rev. 4/09 Page 2 of 4 Economic Stimulus Form Recipient Report Due Dates and Content 1512 (c): Recipient Reports. -No later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to MGL that contains— (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including— (A) the name of the project or activity; (B) a description of the project or activity; (C) an evaluation of the completion status of the project or activity; (D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (E) for infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. Note, an example reporting form template can be accessed at the following State web page: http: /www.d ec. state. ak. us /water muniloan /StimulnsCapital ization.htm Priority for Funding to Projects Ready to Proceed: Priority for funds appropriated herein shall be given to projects on a State priority list that are ready to proceed to construction (or that have at least a signed contract in place) within 12 months of the date of enactment of this Act or by no later than January 18, 2010 for MGL to process a complete application for ARRA funding. Also, State priority lists may be referenced at the following web page: http: /www.dec.state.ak.'us/ water muniloan /StimulusCapitalization.hun Reserve for Green Projects: To the extent there are sufficient eligible project applications, not less than 20 percent of the funds appropriated herein to the State for the Revolving Funds shall be for projects to address green infrastructure, water or energy efficiency improvements or other environmentally innovative activities. If the project or a component of the project potentially qualifies under green infrastructure criteria, please complete the MGL fo,ni titled "Green Project Assessment Form." Also, if the project does meet criteria under the assessment form, the green component portion of the project will be offered a 100% subsidy with available ARRA funds. If the project does not have any green project component, please mark the box with an "N." Rev. 4/09 Page 3 of 4 Economic Stimulus Fonn I certify that I have reviewed the above information and as a representative of the borrower, will ensure as applicable, provisions under this Act will be applied to this project. Rick Koch Name Submit Completed Foun with Main Application to: Title Signature Date City Manager o f 0 9 Alaska Department of Environmental Conservation Municipal Grants Loans 555 Cordova Street Anchorage, AK 99501 -2617 Rev. 4/09 Page 4 of 4 Economic Stimulus Form ALASKA DRINKING WATER FUND Financial Info,ulation Form GENERAL INFORMATION The following information is intended to show whether your community can afford to repay the proposed loan from the Alaska Drinking Water Fund. Loan Amount: 2,222,000 (90% Forgiveness) Repayment Term in years: 1 (Loan repayment term may not exceed 20 years) Estimated Interest Rate: 1. 5% (We will provide an estimate if you wish) Estimated Annual Payment 22 2 0 0 0 (Given the above information, we will provide this if you wish) Please describe the sources of funding that will be used to repay the loan: General Funds amount Capital Reserves amount User Fees amount Assessments, LIDs amount Taxes (identify type) Other (identify) 222,000 amount amount Describe whether any of these sources of funding or revenue have been previously pledged and, if so, please indicate the type of pledge or encumbrance (such as a previous bond sale, special assessment, legal or judicial settlement, etc.), amount pledged and any balance remaining: No Please describe any litigation that could affect your communities ability to repay this loan: None ADWF Form 02 Page 1 of 2 7/01 CURRENT DEBT INFORMATION Does your community have a debt ceiling? If so, what is it? N/A How much remains available? N/A What is your current level of bonded indebtedness? 0 Please indicate the date, rating and amount of your last bond sale. Date: Rating: Amount: CURRENT DRINKING WATER FINANCING Please provide the following information regarding your current annual water utilities budget. Operating revenues: 52,228 Operating expenses: 617,892 Laser fees collected: 464,560 Annual debt service: 0 TOTAL Revenues: 516,788 Other non operating expenses: 0 USER FEES If User Fees are intended to repay any portion of this loan, please submit: Existing ordinance that authorizes the collection of user fee Current fee structure Pertinent portions of your budget documents Most recent State single audit Most recent rate study or rate analysis Also, please complete the following: Number of existing residential and commercial users: Number of proposed residential and commercial users: How much will this loan repayment increase user fees? For example, how much will the average residential users monthly fee increase? This loan will not increase user fees I certify the above information is correct and current. Rick Koch Name ADWF Form 02 7/97 Page 2 TOTAL Expenses: Reserves: City Manager Title September 11, 2009 Date 617,892 1,017,145 United States Environmental Protection Agency Washington, DC 20460 Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance Note: Read instructions on other side before com letin form 1. Appu N a me, Add ress, State, Zip Co City of Kenai, 210 Fidalgo Avenue Kenai, AK 99611 EPA Project No R. Is the applicant currently receiving EPA assistance? (See instructions on reverse side) No ZIT. List all civil rights lawsuits and administrative complaints pending against the applicant/recipient that allege discrimination based on race, color, national origin, sex, age, or disability. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.) None V. List all civil rights lawsuits and administrative complaints decided against the applicanUrecipient within the last year that allege discrimination based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions, Please describe all corrective action taken. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.) None V. List all ci vil rights compliance reviews of the applicant/recipient conducted by any agency within the last two years and enclose a copy of the review and any decisions, orders, or agreements based on the review. Please describe any corrective action taken. (40 C.F.R. 7.80(c)(3)) None VI,* Does the applicant/recipient age, or disability in a. Do the methods b. Is the notice posted periodicals and other c. Does the notice provide initial and continuing its programs or activities? (40 of notice accommodate those with in a prominent place in the applicant's notice that it does not discriminate on the basis of race, color, national origin, sex, activities, in appropriate C.F.R. 5.140 and 7.95) o Yes No impaired vision or hearing? [e Yes No offices or facilities or, for education programs and Yes No written communications? 0 identify a designated civil rights coordinator? Yes No VII.* Does the applicant /recipient maintain demographic data on the race, color, national origin, sex, age, or handicap of the population it serves? (40 C.F.R. 7.85(a)) No, we use information provided by the US Census Kenai Peninsula Borough VIII. Does the applicant/recipient have a policy /procedure for providing access to services for persons with limited English proficiency? 4 0 C.F.R. Part 7, E.O.13166) es X. If the applicant/recipient is an education program or activity, or has 15 or more employees, has it designated an employee to coordinate its compliance with 40 C.F.R. Parts 5 and 7? Provide the name, title, position, mailing address, e -mail address, fax number, and telephone number of the designated coordinator. Rick Koch, City Manager, 210 Fidalgo Ave, Kenai AK 99611, rkoch @ci.kenai ak.us, 907 283 3014, 907 283 8222 X* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it adopted grievance procedures that assure the prompt and fair resolution of complaints that allege a violation of 40 C.F.R. Parts 5 and 7? Provide a legal citation or Internet address for, or a copy of, the procedures. Yes, employee handbook XI. Will disabilities? all new facilities or alterations to existing facilities be designed and constructed to be readily accessible to and usable by persons with If no, ex lain how a re ulato exce Lion 40 C.F.R. 7.70 a lies. No Yes. For the Applicant/Recipient I certify tha the statements I have made on this form and all attachments thereto are true, accurate and complete. I acknowledge that any knowingly false or mis eading statement may be punishable by fine or imprisonment or both under applicable law. I assure that I will fully comply with all applicable civil rights statutes and EPA regulations. A. Si gn 4V6 of Aut h o p ,ed J ficial B. Title of Authorized Official City Manager C. Date September 9, 2009 r For the U S. Environmental Protection Agency I have reviewed the information provided by the applicant/recipient and hereby certify that the applicant /recipient has submitted all infonnation required by 40 C.F.R. Parts 5 and 7; that based on the information submitted, this application satisfies 40 C.F.R. Parts 5 and 7; and that the applicant has given assurance that it will fully comply with all applicable c vil rights statutes and EPA regulations, A. Signature of Authorized EPA Official CDd n.m, nO B. Title of Authorized EPA Official I C. Date FORM Approved By OMB: No. 2030 -0020 Expires 12 -31 -20 This form presents force account expenses. You are under no obligation to claim all costs or to fill out the entire form. Sections A, B, G and H must be completed for each job classification. However, sections C, D, E and F are provided to assist you in computing your force account expenses and are not required. In addition, a list of equipment and charge rates for any city owned equipment which will be charged to the project will need to be submitted for eligibility consideration. Job Classification: Capital Pro ects Project Name Director A. Calculate Monthly Workhours Rev 4/99 Working Hours Per Month 173 (work hours per week x 52 weeks per year divided by months per year) B. Calculate Hourly Pay Rate Monthly Pay Rate Ranges from 6,257.58 to 7,823.75 Hourly Pay Rate Ranges from 37.66 to 45.14 (monthly pay rate divided by working hours per month Pay Rate Per Hour) C. Calculate Hourly STATE OF ALASKA A, EC MUNIICL PAL MATCHING G aNTS enefat Rate Social Security (FICA) Workers Compensation (W /C) Retirement Contribution (PERS) Unemployment Insurance (SUI) Total ltenefits Percentage D. Calculate Hourly Insurance Rate Health and Dental Ranges from Accidental Death Basic Life or Other: Total Insurance .ireneits FORCE ACCOUNT APPROVAL FORM 1.45 0.70 22.00 0.50 24.65 Hourly Benefit Rate Ranges from (hourly pay rate x total benefits percentage Hourly Benefit Rate 9.28 to$ 11.13 5.88 to 5.88 0022 to .0022 .0014 to$ .0014 5 8 8 3 6 to 5.8836 Hourly Insurance Rate from 5 88 to 5 88 (total insurance benefits divided by working hours per month Insurance Rate Per Hour) Page 1 of 2 ADEC Municipal Grants E. Calculate Hourly Leave Rate Personal Leave Vacation Leave days per month ranges from Sick Leave days per month ranges from Leave Hours Per Month Ranges From 16 hours to 22 hours (vacation plus sick leave days per month x working hours per day Leave Hours Per Month) Leave Rate Per Hour Ranges from 3.48 to 5.73 hours (pay rate per hour x leave hours per month divided by working hours per month Leave Rate Per Hour) Calculate Hourly Holiday Rate Paid Holidays Per Year 11 days Holiday Rate Per Hour Ranges from 1.59 to 1.91 (paid holidays per year divided by 12 months divided by working hours per month x working hours per day x pay per hour Holiday Rate Per Hour) G. Calculate Hourly Charge Rate Pay Rate Benefit Rate Insurance Rate Leave Rate Holiday Rate Total: H. Certification Based on the details shown above, we request approval of a low rate of 57.89 per hour, and a high rate of 69.79 per hour inclusive for all employees in this job classification engaged in force account work for the subject grant. Rev 4/99 Signature Hourly Low Rate 37.66 9.28 5.88 3.48 1.59 57.89 City Manager August 4, 2009 Title Page 2 of 2 days to days to days Hourly High Rate 45.14 11.13 5.88 5.73 1.91 69.79 2.75 days Date ADEC Municipal Grants Ladies and Gentlemen: We have acted as counsel to the City of Kenai "City in connection with the authorization by the City of the loans referred to above "Loans The Loans are authorized by Resolutions Number 2009 -59 and 2009 -60 of the City, adopted September 2009 "Resolutions Alaska Department of Environmental Conservation Facility Construction and Operation 410 Willoughby Avenue, Suite 303 Juneau, Alaska 99811 RE: City of Kenai, Alaska $2,000,000 Clean Water Fund Loan, and $2,000,000 Drinking Water Fund Loan We are of the opinion that: September 2009 1. Each of the Loans has been duly authorized in accordance with law, including the Resolutions, and that the City has sufficient legal authority to incur obligations to each of the Clean Water Fund and the Drinking Water Fund as provided in the Resolution. 2. Provided that the City prepays its obligations under each of the Loans as described in the Resolutions, upon the execution and delivery by the City of the assistance agreement for each of the Loans, each of the Loans will constitute a valid, binding special obligation of the City as provided in the Resolutions, enforceable in accordance with its terms, payable solely from the sources described in the Resolution. F:\505303 2 \0007 8339.D0C Very truly yours, BIRCH, HORTON, BITTNER and CHEROT Thomas F. Klinkner thccs vaf KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2009 -59 SUBSTITUTE Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR AN ALASKA DRINKING WATER FUND LOAN FOR THE CONSTRUCTION OF WATER DISTRIBUTION MAINS AND RELATED IMPROVEMENTS ALONG BRIDGE ACCESS ROAD FROM THE KENAI SPUR HIGHWAY TO BEAVER LOOP ROAD. WHEREAS, pursuant to AS 46.03.032 the State of Alaska, Department of Environmental Conservation (ADEC) may make loans to municipalities from the Alaska Drinking Water Fund (ADWF) to pay for the cost of designing, building, constructing, and rehabilitating public drinking water distribution systems; and, WHEREAS, the City has applied to ADEC for a loan in the amount of $2,222,000 from the ADWF for the Bridge Access Water Sewer Project, and ADEC has accepted the City's loan application (Preliminary ADWF Loan 475061); and, WHEREAS, ADEC will fund 90% or $2,000,000 of the loan through principal forgiveness through funding received through the American Recovery and Reinvestment Act (ARRA); and, WHEREAS, the City will prepay the City's 10% share ($222,000) and one -half percent (1/2 early repayment fee ($11,110), from the Water Sewer Fund, to ensure no debt is incurred; and, WHEREAS, the construction of improvements will support existing commercial enterprises and new commercial development in the project area; and, WHEREAS, it is in the best interest of the City of Kenai to apply for an ADWF loan and authorize the City Manager to execute any and all documents required by the ADEC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to execute a loan agreement with the Alaska Department of Environmental Conservation for an ADWF loan for the construction of a water transmission main project along Bridge Access Road from the Kenai Spur Highway to Beaver Loop Road and the City Manager is authorized to execute any and all documents that may be required by the ADEC to reflect the terms of its repayment, and any security therefore, including but not limited to an agreement for the loan. Substitute Resolution No. 2009 -59 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] rani NO114HOS30 10i/LNOO A3AIIRS'ON30313'llll oan3 AOiU 0311kY:e-d^0 -3 9-1 PLAN AND PROFILES DETAILS '.RIOAt- Er3rtenhuy hOT UL'CIAD131 TYPICAL SECTIONS i i i ON BsHS w 011V 10 900110 I Ntaid med SN aam�,�& z ee E M33A31:i 1I i33 '∎Inntwanlonal5 SO3NIDNa nuinnsrvo noc .c¢vaa om S316'130550' >t N0S13N T WNI111M 1VN311 dO 1110 ONV SEflt Ji OVOW SS?OJY9 3O014:13 litralA38 a111NbBdJ iuwn.nminn s sewn+oxs ownnsxoo 31VIJOSSV g NOS13N 'f PoVI111 V>IStrIV 'IVN3>I IVN3>I JO 411 L S r S113S CAW HRLVM avog SS3o.'Oe 3JOIN® v.mn+nmon''s sxs3mmu nxu1renm IVN3)1 JO ,W0 nh S317100SSV V NOS13N7 NIVIIIV H 4425 OW' kJLLVM OVOI SS230V 30038 FM3fA3frl 1.1HEI3d cp ors 1 £m 1 v.mn+nmon''s sxs3mmu nxu1renm IVN3)1 JO ,W0 nh S317100SSV V NOS13N7 NIVIIIV H 4425 OW' kJLLVM OVOI SS230V 30038 FM3fA3frl 1.1HEI3d cp ASIA3U @d 01 Du If trc 0 Or- diti 0 0 1 1 e� si 1 9 2 1 1 t s 22 1 t 1 s i ASIA3U @d 01 Du If trc 0 Or- diti 0 0 1 s r 1 ASIA3U @d 01 Du If trc 0 Or- diti 0 0 i 1 o ff,_.. i I ni 1 11 g t 1 A 1 0 0 1 1 1 1 I I i 0 km6 ,d NI 1 a o R. 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I >G z rr E I I d o g "'o 1 15 'J 'I 3 I rq{ II 1 I I 0 I r$: =n i I I V3n0a V ZEC° I !i 00000 0 1 t lW0 /'IVYNONNIS SM33N10x3 SML1NN00 v rv�i �v iuv INC umsmaa' ON I 11 S3±VIOOSSV R NOS13N r WVIllIM dg/111-5S CAW H31 HNM QF/OU SS300`V acme 0 wv rcF I ti MO 2 'off 1 a C I i I i ti Nmslae MRIA3H AINH3d Iwo /vn'em>nes soneine3 oxmren00 S3IVIOOSSV R NOSl3N 'r VlVi11I NY 0 4 B y i Pormocc P i anatomist zabonee r T 3 CENTRAL IHTS. 0 Im 0 O IVNS) .JV AIL) d3/4GS ONV t&ELNM QVOI(& SS3OQV 3OO7d3 w Elevator„ El evctlon b0 0 r ?fr LL 0 CC 0_ 0 a s z u 0- L SINPIIDIOU I HO1IMS 1V01d aEDnoSNea1 93onHSNV81 930110SNV81 FLOAT SWITCH L WET WELL FLFVPT ONS H ORDED GRADE 22 97 INLET INVERT 9 27 HIGH WATER ALARM 9.27 I 516 NO dRfd D9P LEAD PUMP ON 867 Lt 9 330 SdwRd LOW WATER ALARM 5.97 HOTOM OF WET WELL 2 27 J a w e MaJOU m@z SILVIDOSSV rvmtm aMS_«r_ SeBOOV Marie Li LL Lu 92 0 z 0 w z co 0 LIFT STATION PLAN am3/1Ve113n0313 801,1m+3 OW11n5M0 IONdN dU ALIJ S31V*OSSV fi NOS03N 'P INVfIVM li3AA3S ONV Ld?lVM OWO8 SSSOOV 3DCMIS Ab'M d0 1H012:1 U AVM— JO -1H0/ KEN SKA CITY OF KENAI RESOLUTION NO. 2009 -60 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR AN ALASKA CLEAN WATER FUND LOAN FOR THE CONSTRUCTION OF SEWER COLLECTION MAINS, FORCE MAINS, SEWAGE LIFT STATION AND RELATED IMPROVEMENTS ALONG BRIDGE ACCESS ROAD FROM THE KENAI SPUR HIGHWAY TO BEAVER LOOP ROAD. WHEREAS, pursuant to AS 46.03.032 the State of Alaska, Department of Environmental Conservation (ADEC) may make loans to municipalities from the Alaska Clean Water Fund (ACWF) to pay for the cost of designing, building, constructing, and rehabilitating public drinking water distribution systems; and, WHEREAS, the City has applied to ADEC for a loan from the ACWF for the Bridge Access Water Sewer Project, and ADEC has accepted the City's loan application (Preliminary ACWF Loan 475051); and, WHEREAS, ADEC will fund 90% or $1,800,000 of the loan through principal forgiveness through funding received through the American Recovery and Reinvestment Act (ARRA); and, WHEREAS, the City will prepay the City's 10% share ($200,000) and one -half percent (1/2 early repayment fee ($10,000), from the Water Sewer Fund, to ensure no debt is incurred; and, WHEREAS, the construction of improvements will support existing commercial enterprises and new commercial development in the project area; and, WHEREAS, it is in the best interest of the City of Kenai to apply for an ACWF loan and authorize the City Manager to execute any and all documents required by the ADEC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai is authorized to execute a loan agreement with the Alaska Department of Environmental Conservation for an ACWF loan for the construction of a sewer collection main project along Bridge Access Road from the Kenai Spur Highway to Beaver Loop Road and the City Manager is authorized to execute any and all documents that may be required by the Department to reflect the terms of its repayment, and any security therefore, including but not limited to an agreement for the loan. -52- Suggested by: Administration Resolution No. 2009 -60 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED -53- tlic city KENAI, ALA KA September 9, 2009 Beth A. Verrelli, PE Municipal Grants and Loans Alaska Department of Enviro 555 Cordova Street, 4` Floor Anchorage, Alaska 99501 Subject: Kenai Bridge Access Road Sewer Main Pending ACWF Loan No.475051 and 16" Water Main Bridge Access Road Pending ADWF Loan No. 475061 Dear Ms. Verrelli: The purpose of this correspondence is to submrt for your review and action executed applications for the above referenced loans. The resolutions go before Council for approval on September 16` and I will transmit the signed resolutions on September 17 There are several items on the checklist I have identified as "previously submitted I did not include those items in these applications. If you need additional copies of these items please let me know. Thank you for your attention in this matter if you have any questions please contact me at your earliest convenience. Sincerely, CITY OF .ENAI ii Koch City Manager attachments wEtA a Past, C# with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Alkidalqa Telephone: 907- 283 -75351 FAX: 907 283 -3014 ental Conservation Division of Water I li 1992 Name of Community City of Kenai Address 210 Fidalgo Avenue, Kenai AK 99611 Contact Name Rick Koch Title City Manager Telephone (907) 283 -8222 PROJECT INFORM" Project Name Bridge Access Road Sewer Main Location Kenai. Alaska Project Type: New Construction X Upgrades Wastewater Treatment Collection System Discharge System Stouuwater System n Water Quality Enhancement n Solid. Waste Description of Project Construct approximately 5.000 11. of 10" gravity sewer collection main, approximately 1,6001.f. of 6" sewewr force main. a sewage lift station and related imprvements alone Bridge Access Road from the Kenai Spur }Iighway to Beaver Loop Road ASSJSTA_NC: AMOUNT Less Than 1 Year What loan pay back period would you prefer? Note: The loan pay back period may not exceed 20 years. STATE OF ALASKA ALASKA CLEAN WATER FUND APPLICATION FORM (W/ Economic Stimulus Funding) This application is for 2,000,000 in loan monies from the Alaska Clean Water Fund. Less Than 5 -years Up to 20 -Years Rev. 4/09 Page 1 of 4 ACWF Application -55- Administratio Legal Preliminary Studies /Reports Engineering Desi Inspection /Surveying /Construction Management Construction Equipment Contingencies Other PROJ Loan. Agreement Signed Preliminary Engineering Report Design Engineering Preparation of Bid. Documents Award of Construction Contract Construction Initiation Construction Completion Initiation of Operation FUNDING Total Project Costs =t. What funds, if any, other than Alaska Clean Water Fund monies are committed for this project? Federal Funds from: Other State Funds from: Other Local Funds From' Water Sewer Fund Other (Identify Source): Other (Identify Source): Rev. 4/09 Page 2 of 4 -56- 50,000 5 5 89 000 133,500 5 1,607,500 120,000 2,000,000 Estimated Date September 18, 2009 August 6 2009 September 17, 2009 September 17, 2009 November 19, 2009 February 1 2010 September 30, 2010 September 30 2010 Amount: Amount: Amount: Amount Amount: 200,000 ACWF Application A separate account will be established within the municipality's accounting system through which financial assistance received from the Alaska Clean Water Fund will be administered. 1 certify the above information is current and correct. Rick R. Koch Nance Signature CHECKLIST Date If this project includes a request for American Recovery Reinvestment Act of 2009 (ARRA or economic stimulus Act) funding, the program form titled "Economic Stimulus Supplemental Application Form" must be completed and submitted with this main application form. DOCUMENTS TO BF SUMBITTED AS PART OF THIS APPLICATION: ACWF Financial Information Form 3< 7 Environmental Review Documentation ems: Force Account Approval. Forms and Equipment Rates, if applicable Certification from your City Attorney stating that the Municipality has sufficient legal authority to incur the debt for an Alaska Clean Water Fund loan MW EITHER: Z A resolution from your city council authorizing this loan application and designating an official authorized to accept and manage an Alaska Clean Water Fund Loan; or 3< Preaward Compliance Review Report (EPA Form 4700 -4) Facility Plan 5rda 4.7 a A resolution from your city council authorizing this loan application and specifying that an additional resolution will be issued to authorize the acceptance of a loan offer from the Alaska Clean Water Fund. Rev. 4/09 Page 3 of 4 ACWF Application -57- Submit Completed Application to: Alaska .Department of Environmental. Conservation Municipal. Grants Loans 555 Cordova Street Anchorage, Alaska 99501 -2617 Rev. 4/09 Page 4 of 4 ACWF Application -58- GENERAL INFORMATION Name of Community City of Kenai K -59- STATE OF ALASKA ALASKA CLEAN/DRINKING WATER FU ECONOMIC STIMULUS SUPPLEMENTAL APPLICATION FORM J Project Name Bridge Access Road Sewer Main Project/Loan Amount 2.000,000 Contact Name Rick Koch Title City Manager Telephone (907) 283 -8222 The following is a list of provisions out of the American Recovery and Reinvestment Act of 2009 (ARRA or economic stimulus Act) that are applicable to any funding agreement made to a borrower from ADEC for utilization of these funds, which is in addition to any standard loan program funding requirements. Please review each provision carefully o how it applies to your project and for acknowledgment, place a check mark in the box at the start of each provision listing. Also, note some of these provisions may require you to submit additional information with this application. At the end of the form, a representative of the borrower will be asked to sign and date their understanding of these provisions, and ensure applicable ones will be applied to this project. For more information and assistance in completing this assessment form, please contact the Municipal Matching Grants Loans program in Anchorage at 907-269-7673, or in Juneau at 907-465-5300. EI Prohibited Uses Sec. 1604:. None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool Rev. 4/09 Page 1 of 4 Economic Stimulus Form E Use of American Iron. Steel, and Manufactured Goods Sec. 1605: Use of Americ Iron Steel, and Manufactured Goods. Note, additional information regarding potential exclusions of this provision may be accessed at the MGh programs web page at: http: /www.dec. state.alcus/ water/ nnwiloan/Sti (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved fmds that- (1 applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall he applied. in a manner consistent with United States obligations under international. agreements. Wage Rate Requirement Sec. 1606: Notwithstanding any other provision of law and in a mariner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. ..Fixed Price Contracts Sec. 1554: To the maximum extent possible, contracts funded under this Act shall be awarded as fixed -price contracts through the use of competitive procedures. A summary of any contract awarded with such funds that is not fixed -price and not awarded using competitive procedures shall be posted in a special section of the website established in section 1526. Rev. 4/09 Page 2 of 4 Economic Stimulus Form. -60- Recipient Report Due Dates and Content 1512 (c): Recipient Reports. -No later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal aeency shalt subunit a report to MGL that contains— (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including (A) the name of the project or activity; (B) a description of the project or activity; (C) an evaluation of the completion status of the project or activity; (D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (E) for infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. Note, an example reporting form template can be accessed at the following State web page: bctp: /www. dec.state.ak. /water /muni loan/StimulnsCapital,izati on.htm E Priority for Funding to Projects Ready to Proceed: Priority for funds appropriated herein shall be given to projects on a State priority list that are ready to proceed to construction (or that have at least a signed contract in place) within 12 months of the date of enactment of this Act or by no later than January 18, 2010 for MGL to process a complete application for ARRA funding. Also, State priority lists may be referenced at the following web page: http: /www.dec.state.ak.us/ water/ rnuni, l oan /StimulusCapitaliration.htm Reserve for Green Projects: To the extent there are sufficient eligible project applications not less than 20 percent of the funds appropriated herein to the State for the Revolving Funds shall be for projects to address green infrastructure, water or energy efficiency improvements or other environmentally innovative activities. If the project or a component of the project potentially qualifies under green infrastructure criteria, please complete the MGL form titled "Green Project Assessment Form." Also, if the project does meet criteria under the assessment form, the green component portion of the project will be offered a 1 subsidy with available ARRA funds: If the project does not have any green project component, please mark the box with an "N." Rev. 4/09 Page 3 of 4 Economic Stimulus Form -61- I certify that I have reviewed the above information and as a representative of the borrower will ensure as applicable, provisions under this Act will be applied to this project. Rick Koch N Signature Submit Completed Form with Main Application to: Title Dat City ManaQer Alaska Department of Environmental Conservation Municipal Grants Loans 555 Cordova Street Anchorage, AK 99501 2617 Rev. 4/09 Page 4 of 4 Economic Stimulus Form -62- GENERAL INFORMATION The following information is intended to show whether your community can afford to repay the proposed loan from the Alaska Clean Water Fund Loan Amount: 200,000 2,000,000 total, 90% forgiven) Repayment Term in years: (Loan repayment term may not exceed 20 years) Estimated Interest Rate: (We will provide an estimate if you wish) Estimated Annual Payment: 200, 054.80 (Given the above information, we will provide. this if you wish) Please describe the sources of funding that will be used to repay the loan: Describe whether any of these sources of funding or revenue have been previously pledged and, if so, please indicate the type of pledge or encumbrance (such as a previous bond sale, special assessment, legal or judicial settlement, etc.), amount pledged and any balance remaining: No Please describe any litigation that could affect your communities ability to repay this loan: None ACWF F om 02 7f0I General Funds Capital Reserves User Fees Assessments, LIDs Taxes (identify type) Other (identify) ALASKA CLEAN WATER FUND Financial Information Form amount amount 200, 054.80 amount amount Page 1 of 2 -63- amount amount CURRENT DEBT INFORMATION Does your community have a debt ceiling? If so, what is it? 1\/A How much remains available? N/A What is your current level of bonded indebtedness? 0 Please indicate the date, rating and amount of your last bond .sale. Date: Rating: Amount' Please pro budget. Operating revenues: 52,228 User fees collected: 1,311, 220 TOTAL Revenues: If User Fees are intended to repay any portion of this loan, please submit: Existing ordinance that authorizes the collection of user fees Current fee structure Pertinent portions of your budget documents Most recent. State single audit Most recent rate study or rate analysis Also, please complete the following: Number of existing residential and commercial users: Number of proposed residential and commercial users' How much will this loan repayment increase user fees? For example, how much will the average residential users monthly fee increase? This lean will net increase user fees. I certify the above information is correct and current. Rick Koch Name ACWF Fonn 02 7/01 CURRENT CLEAN WATER FINANCING de the following information regarding your current annual water utilities Operating expenses: 1,212,222 Annual debt service: 0 1,363,448 Other non operating expenses: 0 TOTAL Expenses: 1,212,222 Reserves: 1,017,145 USER FEES age2of2 -64- City Manager Title September 8, 2009 Date United States Environmental Protection Agency Washington, DC 20460 Preaward Compliance Review Report for Ail Applicants and Recipients Requesting EPA Financial Assistance Notes Read instructi ons on other side before completive fonx.. L Applicant/Recipient (Name, Address, State, Zip Code). City of Kenai, 210 Fidalgo Avenue Kenai, AK 99611 EPA Project No. II. is the applicant currently rec eiving EPA assistance? (See insnuctions on reverse side) No III. Liss s civil rights lawsuits and administrative complaints pending against the applicant/recipient 6hat allege discriminat based on race, color, national origin., sex, age, or disability. (Do not i include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.) None 1'V. L ist all civil rights lawsuits and administrative complains decided against the applicanVreoipientwlthin the last year that allege discrimination based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions. Please describe all corrective action taken. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.) None V_ List all civil rights compliance reviews of the applican /recipient conducted by any agency within the last two years and enclose a copy of the review and any decisions, orders, or agreements based on the review. Please describe any corrective action taken, (40 C.F.R. §7.80(e)(3)) None V1.* Does the applicant/recipient provide initial and continuing notice that it does not discriminate on the basis of race, color, national origin, sex, age, or disability in its programs or activities? (40 O.F.R. 5.140 and 7.95) D Yes No a. Do the methods of notice accommodate those with impaired vision or hearing? J Yes No b. Is the notice posted in a prominent place in the applicant's offices or facilities or, for education programs and activities, ir, appropriate periodicals and other written communications? D Yes (J No c. Does the notice identify a designated civil rights coordinator? D Yes No VII.* Does the applicant/recipient maintain demographic data on the race, color, national origin, sex, age, or handicap of the population it serves? (40 C.F.K. 7.85(a)) No, we use Information provided by the US Census Kenai Peninsula Borough VIIL* Does the applican/recipient have a policy /procedure for providing access to services for persons with limited English proficiency? 4 0 C.F.R. Part 7, E.0. 13166) es IX.* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it designated an employee to coordinate its compliance with 40 C.F.A. Pats 5 and 7? Provide the name, title, position., mailing address, e -mail address, fax number, and telephone number of the designated coordinator. Rick Koch, City Manager, 210 Fidalgo Ave, Kenai AK 99611, rkoch @ci.kenai ak.us, 907 283 3014, 907 283 8222 X* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it adopted grievance procedures that assure the prompt and fair resolution of complaints that allege a violation of 40 C.F.R. Parts 5 and 7? Provide a legal citation or Internet address for, or a copy of, the procedures. Yes, employee handbook XL Will all new facilities or alterations to existing facilities be designed and constructed to be readily accessible to and usable by persons with disabilities? Yes, If no, explain how a regulatory exception (40 C.F.R. 7.70) applies. No For the Applicant/Recipient I. certify that the statements I have made on this form and all attachments thereto are true, accurate and. complete. I acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law. I assure that I will fully comply with all applicable civil rights statutes and EPA regulations. A. Si tine of horizd Official j 14 B. Title of Authorized Official I C. Date City Manager 1 September 9, 2009 V tr For the US. Environmental Protection Agency I have reviewed the information provided by the applicant/recipient and hereby certify that the applicant/recipient has submitted all information required by 40 C.F.R. Parts 5 and 7; that based on the in'format'ion submitted, this application satisfies 40 C.F.R. Parts 5 and 7; and that the applicant ,has given assurance that it will fully comply with all applicable civil rights statutes and EPA regulations. A. Signature of Authorized EPA Official 13. Title of Authorized EPA Official C. Date EPA. Form 4700 -4 v. 03(2008). Previous edi on e obsolete. -65- FORM Approved By OMB: No. 2030 -0020 Expire rnnx rorm ?1- 2011.:...... This form presents force account expenses. You are under no obligation to claim all costs or to fill out the entire form. Sections A, 13, G and H must be completed for each job classification. However, sections C, D, E and F are provided to assist you in computing your force account expenses and are not required In addition, a list of equipment and charge rates for any city owned equipment which will be charged to the project will need to be submitted for eligibility consideration. job Classification; capital Projects Project Name Director A. Calculate Monthly Workhours STATE OF ALASKA. ADEC MUNICIPAL MATCHING GRANTS FORCE ACCOUNT APPROVAL FORM Working Hours Per Month 173 33 (work hours per week x 52 weeks per year divided by months per year) B. Calculate Hourly Pay Rate Monthly Pay Rate Ranges from 6,257.58 to 7,823.75 Hourly Pay Rate Ranges from 37.66 to 45.14 (monthly pay rate divided by working hours per month Pay Rate Per Hour) C. Calculate Hourly Benefit Rate Social Security (FICA) Workers Compensation (W /C) Retirement Contribution (PERS) Unemployment Insurance (SUI) Total Benefits Percentage 1.45 0.70 22.00 0 .5 0 24.65 Hourly Benefit Rate Ranges from 9. to 11.13 (hourly pay rate x total benefits percentage Hourly Benefit Rate D. Calculate Ilsaurly Insurance Rate Health and Dental Ranges from Accidental Death Basic Life or Other: Total Insurance Benefits 5.88 to 5.88 .0022 to .0022 .0014 to 0014 5.8836 to 5.8836 Hourly Insurance Rate from 5 8 8 to 5 8 8 (total insurance benefits divided by working hours per month Insurance Rate Per Hour) -66- E. Calculate Hourly Leave Rate Personal Leave Vacation Leave days per month ranges from 2 days to 2.75 days Rev 4/99 Sick Leave days per month ranges from Leave Hours Per Month Ranges From 16 hours to 22 hours (vacation plus sick leave days per month x working hours per day Leave Hours Per Month) Leave Rate Per Hour Ranges from 3.48 to 5.73 hours (pay rate per hour x leave hours per month divided by working hours per month Leave Rate Per Hour) Calculate Hourly Holiday Rate Paid Holidays Per Year 11 days Holiday Rate Per Hour Ranges from 1 59 to 1.91 (paid holidays per year divided by 12 months divided by working hours per month x working hours per day x pay per hour Holiday Rate Per Hour) G. Calculate Hourly Charge Rate Pay Rate Benefit Rate Insurance Rate Leave Rate Holiday Rate Total: Cer Hourly Low Rate 37.66 9.28 5.88 3.48 1.59 57.89 Based on the details shown above, we request approval of a low rate of 57.89 per hour, and a high rate of 69.79 per hour inclusive for all employees in this job classification engaged in force account work for the subject grant. City Manager Page 2 of 2 -67- days to days Hourly High Rate 45.14 11.13 5.88 5.73 1.91 69.79 Title August 4, 2009 Date ammmmm ADEC Municipal Grants Ladies and Gentlemen: We are of the opinion that: September 2009 Alaska Department of Environmental Conservation Facility Construction and Operation 410 Willoughby Avenue, Suite 303 Juneau, Alaska 99811 RE: City of Kenai, Alaska $2,000,000 Clean Water Fund Loan, and $2,000,000 Drinking Water Fund Loan We have acted as counsel to the City of Kenai "City in connection with the authorization by the City of the loans referred to above "Loans The Loans are authorized by Resolutions Number 2009 -59 and 2009 -60 of the City, adopted September 2009 "Resolutions 1. Each of the Loans has been duly authorized in accordance with law, including the Resolutions, and that the City has sufficient legal authority to incur obligations to each of the Clean Water Fund and the Drinking Water Fund as provided in the Resolution, 2. Provided that the City prepays its obligations under each of the Loans as described in the Resolutions, upon the execution and delivery by the City of the assistance agreement for each of the Loans, each of the Loans will constitute a valid, binding special obligation of the City as provided in the Resolutions, enforceable in accordance with its terms, payable solely from the sources described in the Resolution. F:\505303\2 \0007E 339.DOC Very truly yours, BIRCH, HORTON, BITTNER and CHERCT Thomas F. Klinkner -68- CITY OF KENAI RESOLUTION NO. 2009 -60 -69- Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR AN ALASKA CLEAN WATER FUND LOAN FOR THE CONSTRUCTION OF SEWER COLLECTION MAINS, FORCE MAINS, SEWAGE LIFT STATION AND RELATED IMPROVEMENTS ALONG BRIDGE ACCESS ROAD FROM THE KENAI SPUR HIGHWAY TO BEAVER LOOP ROAD. WHEREAS, pursuant to AS 46.03.032 the State of Alaska, Department of Environmental Conservation (ADEC) may make loans to municipalities from the Alaska Clean Water Fund (ACWF) to pay for the cost of designing, building, constructing, and rehabilitating public drinking water distribution systems; and, WHEREAS, the City has applied to ADEC for a loan from the ACWF for the Bridge Access Water Sewer Project, and ADEC has accepted the City's loan application (Preliminary ACWF Loan 475051); and, WHEREAS, ADEC will fund 90% or $1,800,000 of the loan through principal forgiveness through funding received through the American Recovery and Reinvestment Act (ARRA); and, WHEREAS, the City will prepay the City's 10% share ($200,000) and one -half percent (1/2 early repayment fee ($10,000), from the Water Sewer Fund, to ensure no debt is incurred; and, WHEREAS, the construction of improvements will support existing commercial enterprises and new commercial development in the project area; and, WHEREAS, it is in the best interest of the City of Kenai to apply for an ACWF loan and authorize the City Manager to execute any and all documents required by the ADEC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai is authorized to execute a loan agreement with the Alaska Department of Environmental Conservation for an ACWF loan for the construction of a sewer collection main project along Bridge Access Road from the Kenai Spur Highway to Beaver Loop Road and the City Manager is authorized to execute any and all documents that may be required by the Department to reflect the terms of its repayment, and any security therefore, including but not limited to an agreement for the loan. Resolution No. 2009 -60 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16tb day of September, 2009. ATTEST: Carol L. 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JO IU.IO a VM QVO& 853acd EoaiaB —J z 0 (n 0 0 2 m z 0 a O tt S C r SF wx k2 q m z J 0 31A3E1 ivlua4 AVM 0-7(1-17-4-71717 7 7777 777/177777 77777 e7:771,7s7c:7 SILVIOSSV 7 NOnIN T vIvrnim 77 LL 531M -82- 10 ;07 10\131 30 .71.10 ONV P7134VA4 OffOld 7:NM 0 11-167:1 CZ: SI 74 57717NA he cifr ALASKA CITY OF KENAI RESOLUTION NO. 2009 -60 SUBSTITUTE Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR AN ALASKA CLEAN WATER FUND LOAN FOR THE CONSTRUCTION OF SEWER COLLECTION MAINS, FORCE MAINS, SEWAGE LIFT STATION AND RELATED IMPROVEMENTS ALONG BRIDGE ACCESS ROAD FROM THE KENAI SPUR HIGHWAY TO BEAVER LOOP ROAD. WHEREAS, pursuant to AS 46.03.032 the State of Alaska, Department of Environmental Conservation (ADEC) may make loans to municipalities from the Alaska Clean Water Fund (ACWF) to pay for the cost of designing, building, constructing, and rehabilitating public drinking water distribution systems; and, WHEREAS, the City has applied to ADEC for a loan in the amount of $2,222,000 from the ACWF for the Bridge Access Water 86 Sewer Project, and ADEC has accepted the City's loan application (Preliminary ACWF Loan 475051); and, WHEREAS, ADEC will fund 90% or $2,000,000 of the loan through principal forgiveness through funding received through the American Recovery and Reinvestment Act (ARRA); and, WHEREAS, the City will prepay the City's 10% share ($222,000) and one -half percent (1 /2 early repayment fee ($11,110), from the Water 86 Sewer Fund, to ensure no debt is incurred; and, WHEREAS, the construction of improvements will support existing commercial enterprises and new commercial development in the project area; and, WHEREAS, it is in the best interest of the City of Kenai to apply for an ACWF loan and authorize the City Manager to execute any and all documents required by the ADEC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai is authorized to execute a loan agreement with the Alaska Department of Environmental Conservation for an ACWF loan for the construction of a sewer collection main project along Bridge Access Road from the Kenai Spur Highway to Beaver Loop Road and the City Manager is authorized to execute any and all documents that may be required by the Department to reflect the terms of its repayment, and any security therefore, including but not limited to an agreement for the loan. Substitute Resolution No. 2009 -60 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED' +(;ENEs A1.:INF()RMA'FION Name of Community City of Kenai Address 210 Fidalgo Avenue, Kenai AK 99611 Contact Name Rick Koch Title City Manager Telephone (907) 283 -8222 PROJECT INFORMATION Project Name Kenai Bridge Access Road Sewer Main Location Kenai, Alaska Project Type: New Construction X Upgrades C Wastewater Treatment Collection System Discharge System Stoimwater System LWater Quality Enhancement n Solid Waste Description of Project Construct approximately 5,000 l.f. of 10" gravity sewer collection main approximately 1,600 11 of 6" sewewr force main, a sewage lift station, and related imprvements along Bridge Access Road from the Kenai Spur Highway to Beaver Loop Road. T4 >Nc.E Ai OU This application is for 2,220,000 in loan monies from the Alaska Clean Water Fund. What loan pay back period would you prefer? 17 Less Than 1 -Year 1 1 Less Than 5 -years Up to 20 -Years Note: The loan pay back period may not exceed 20 years. Rev. 4/09 Page 1 of 4 STATE OF ALASKA ALASKA CLEAN WATER FUND APPLICATION FORM (W/ Economic Stimulus Funding) ACWF Application PROJECT COSTS Administration Legal Preliminary Studies /Reports Engineering Design Inspection /Surveying/Construction Management Construction Equipment Contingencies Other ES" '1i@VIA PROJECT SC .HFDU' Loan Agreement Signed Preliminary Engineering Report Design Engineering Preparation of Bid Documents Award of Construction Contract Construction Initiation Construction Completion Initiation of Operation OTHER E'IJND1.1NG Federal Funds from: Other State Funds from: Other Local Funds From: Water Sewer Fund Other (Identify Source): Other (Identify Source): Rev. 4/09 Page 2 of 4 Total Project Costs 50 000 89 000 133,500 1,829 500 120,000 2,222,000 Estimated Date September 18, 2009 August 6, 2009 September 17, 2009 September 17 2009 November 19, 2009 February 1, 2010 September 30, 2010 September 30, 2010 What funds, if any, other than Alaska Clean Water Fund monies are committed for this project? Amount: Amount: Amount: Amount: Amount: 222,000 ACWF Application A separate account will be established within the municipality's accounting system through which financial assistance received from the Alaska Clean Water Fund will be administered. I certify the above information is current and correct. Rick R. Koch Nam Signature CHECKLIST F1 If this project includes a request for American Recovery Reinvestment Act of 2009 (ARRA or economic stimulus Act) funding, the program form titled "Economic Stimulus Supplemental Application Form" must be completed and submitted with this main application form. DOCUMENTS TO BE SUMBITTED AS PART OF THIS APPLICATION: ACWF Financial Information Form 7 AIL Environmental Review Documentation Force Account Approval Forms and Equipment Rates, if applicable N Certification from your City Attomey stating that the Municipality has sufficient legal authority to incur the debt for an Alaska Clean Water Fund loan AND EITHER: A resolution from your city council authorizing this loan application and designating an official authorized to accept and manage an Alaska Clean Water Fund Loan; or Facility Plan Preaward Compliance Review Report (EPA Form 4700 -4) City Manager Title Date A resolution from your city council authorizing this loan application and specifying that an additional resolution will be issued to authorize the acceptance of a loan offer from the Alaska Clean Water Fund. Rev. 4/09 Page 3 of 4 ACWF Applicatio Submit Completed Application to: Ala Department of Environmental Conservation Municipal Grants Loans 555 Cordova Street Anchorage, Alaska 99501 -2617 Rev. 4/09 Page 4 of 4 ACWF Application GENE AI..INFGRM.AT @0)N Name of C,on,m„nity City of Kenai STATE OF ALASKA ALASKA CLEAN /DRINKING WATER FUND ECONOMIC STIMULUS SUPPLEMENTAL APPLICATION FORM Project Name Water Main, Bridge Access Road Project /Loan Amount 2.222,000 Contact Name Rick Koch Title City Manager Telephone (907) 283 -8222 The following is a list of provisions out of the American Recovery and Reinvestment Act of 2009 (ARRA or economic stimulus Act) that are applicable to any funding agreement made to a borrower from ADEC for utilization of these funds, which is in addition to any standard loan program funding requirements. Please review each provision carefully on how it applies to your project and for acknowledgment, place a check mark in the box at the start of each provision listing. Also, note some of these provisions may require you to submit additional information with this application. At the end of the form, a representative of the borrower will be asked to sign and date their understanding of these provisions, and ensure applicable ones will be applied to this project. For more information and assistance in completing this assessment form, please contact the Municipal Matching Grants Loans program in Anchorage at 907 269 -7673, or in Juneau at 907 465 -5300. Prohibited Uses Sec. 1604: None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. Rev. 4/09 Page 1 of 4 Economic Stimulus Form Use of American Iron, Steel, and Manufactured Goods Sec. 1605: Use of American. Iron, Steel, and Manufactured Goods. Note, additional information regarding potential exclusions of this provision may be accessed at the MGL programs web page at: http: /www.dec.statc.alc us/ water/ munil .oan/StimulusCapitalization.htm (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. Wage Rate Requirement Sec. 1606: Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. Fixed Price Contracts Sec. 1554: To the maximum extent possible, contracts funded under this Act shall be awarded as fixed -price contracts through the use of competitive procedures. A summary of any contract awarded with such funds that is not fixed -price and not awarded using competitive procedures shall be posted in a special section of the website established in section 1526. Rev. 4/09 Page 2 of 4 Economic Stimulus Form Recipient Report Due Dates and Content 1512 (c): Recipient Reports. -No later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to MGL that contains— (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including (A) the name of the project or activity; (B) a description of the project or activity; (C) an evaluation of the completion status of the project or activity; (D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (E) for infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concems with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), allowing aggregate reporting on awards below 525,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. Note, an example reporting form template can be accessed at the following State web page: h,ttp: /www.d.ec.stat.e.ali.us /water /muniloan /SUmui Priority for Funding to Projects Ready to Proceed: Priority for funds appropriated herein shall be given to projects on a State priority list that are ready to proceed to construction (or that have at least a signed contract in place) within 12 months of the date of enactment of this Act or by no later than January 18, 2010 for MGL to process a complete application for ARRA funding. Also, State priority lists may be referenced at the following web page: http: /www.dec.state.ak.us/ water muniloan /StimulusCapitalization.htm Reserve for Green Projects: To the extent there are sufficient eligible project applications not less than 20 percent of the funds appropriated herein to the State for the Revolving Funds shall be for projects to address green infrastructure, water or energy efficiency improvements or other environmentally innovative activities. If the project or a component of the project potentially qualifies under green infrastructure criteria, please complete the MGL form titled "Green Project Assessment Form." Also, if the project does meet criteria under the assessment foul', the green component portion of the project will be offered a 100% subsidy with available ARRA funds. If the project does not have any green project component, please mark the box with an "N." Rev. 4/09 Page 3 of 4 Economic Stimulus Form I certify that I have reviewed the above information and as a representative of the borrower, will ensure as applicable, provisions under this Act will be applied to this project. Rick Koch N�� 11/ Title `ld Signature Submit Completed Form with Main Application to: Dare City Manager Alaska Department of Environmental Conservation Municipal Grants Loans 555 Cordova Street Anchorage, AK 99501 -2617 Rev. 4/09 Page 4 of 4 Economic Stimulus Form ACWF Form 02 7/01 L oan Amount: ALASKA CLEAN WATER FUND Financial Infol lnation Foillr GENERAL INFORMATION The following information is intended to show whether your community can afford to repay the proposed loan from the Alaska Clean Water Fund. 2,222,000 (90% Forgiven) Repayment Term in years: 1 (Loan repayment term may not exceed 20 years) Estimated Interest Rate: 1.5% Describe whether any of these sources of funding or revenue have been previously pledged and, if so, please indicate the type of pledge or encumbrance (such as a previous bond sale, special assessment, legal or judicial settlement, etc.), amount pledged and any balance remaining: No (We will provide an estimate if you wish) Estimated Annual Payment. 222, 000 (Given the above information, we will provide this if you wish) Please describe the sources of funding that will be used to repay the loan: General Funds amount Capital Reserves amount 222, oao User Fees amount Assessments, LIDs amount Taxes (identify type) amount Other (identify) amount Please describe any litigation that could affect your communities ability to repay this loan: None Page 1 of 2 CURRENT DEBT INFORMATION Does your community have a debt ceiling? If so, what is it? N/A How much remains available? What is your current level of bonded indebtedness? N/A 0 Please indicate the date, rating and amount of your last bond sale. Date: Rating: Amount: CURRENT CLEAN WATER FINANCING Please provide the following information regarding your current annual water utilities budget. 52,228 Operating revenues: Operating expenses: _s: 1,212,222 User fees collected: 1,311,220 Annual debt service: 0 TOTAL Revenues: 1, 363 448 Other non operating expenses: 0 TOTAL Expenses: 1,212,222 Reserves: 1,017,145 USER FEES If User Fees are intended to repay any portion of this loan, please submit: Existing ordinance that authorizes the collection of user fees Current fee structure Pertinent portions of your budget documents Most recent State single audit. Most recent rate study or rate analysis Also, please complete the following: Number of existing residential and commercial users: Number of proposed residential and commercial users' How much will this loan repayment increase user fees? For example, how much will the average residential users monthly fee increase? This loan will not increase user fees. I certify the above information is correct and current. Rick Koch City Manager Name gna re ACWF Fonn 02 7/01 Page 2of2 Title September 11, 2009 Date United States Environmental Protection Agency Washington, DC 20460 Preaward Compliance Review Report for All Applicants and. Recipients Requesting EPA Financial Assistance Note: Read instructions on other side before completing forrn. I. Applicant/Recipient (Name, Address, State, Zip Code). City of Kenai, 210 Fidalgo Avenue Kenai, AK 99611 EPA Project No II. Is the applicant currently receiving EPA assistance? (See instructions on reverse side) No III. List all civil rights lawsuits and administrative complaints pending against the applicant/recipient that allege discrimination based on race, color, national origin, sex, age, or disability. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.) None IV. List all civil rights lawsuits and administrative complaints decided against the applicant/recipient within the last year that allege discrimination based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions. Please describe all corrective action taken. (Do not include employment complaints not covered by 40 C.P.R. Parts 5 and 7. See instructions on reverse side.) None V. List all civil rights compliance reviews of the applicant/recipient conducted by any agency within the last two years and enclose a copy of the review and any decisions, orders, or agreements based on the review. Please describe any corrective action taken. (40 C.P.R. 7.80(e)(3)) None VI.* Does the applicant/recipient provide initial and continuing age, or disability in its programs or activities? (40 a. Do the methods of notice accommodate those with b. Is the notice posted in a prominent place in the applicant's notice that it does not discriminate on the basis of race, C.F.R. 5.140 and 7.95) E Yes No color, national origin, sex activities, in appropriate impaired vision or hearing? Yes No offices or facilities or, for education programs and Yes No periodicals and other written communications? 6 e. Does the notice identify a designated civil rights coordinator? e Yes No VII.* Does the applicant/recipient maintain demographic data on the race, color, national origin, sex, age, or handicap of the population it serves? (40 C.F.R. 7.85(a)) No, we use information provided by the US Census Kenai Peninsula Borough VIII." Does the applicant/recipient have a policy /procedure for providing access to services for persons with limited English proficiency? (40 C.F.R. Part7, E.O. 13166) Yes X. If the applicant/recipient is an education program or activity, or has 15 or more employees, has it designated an empioyee to coordinate its compliance with 40 C.F.R. Parts 5 and 7? Provide the name, title, position, mailing address, e -mail address, fax number, and telephone number of the designated coordinator. Rick Koch, City Manager, 210 Fidalgo Ave, Kenai AK 99611, rkoch @ci.kenai ak.us, 907 283 3014, 907 283 8222 X* I f the applicant/recipient is an education program or activity, or has 15 or more employees, has it adopted grievance procedures that assure the prompt and fair resolution of complaints that allege a violation of 40 C.F.R. 'Parts 5 and 7? Provide a legal citation or Internet address for, or a copy of, the procedures. Yes, employee handbook XI. Will all new facilities or alterations to existing facilities be designed and constructed to be readily accessible to and usable by persons with exception (40 C.F.R. 7.70) applies. No disabilil'aes? ®Yes. If no, explain how a regulatory I certify that the statements I have made on this form and all false or misleading statement may be punishable by fine or imprisonment applicable civil rights statutes and EPA regulations. For the Applicant/Recipient attachments thereto are true, accurate and complete. I acknowledge or both under applicable law. 1 assure that I will TB. Title of Authorized Official i City Manager that any knowingly fully comply with all C. Date September 9, 2009 A. Si.s.hure ofdA i a9riz. i d Official t b For the U.S. Environmental Protection Agency I have reviewed the information provided by the applicanUrecipient and hereby certify that the applicant/recipient has submitted all information required by 40 C.F.R. Parts 5 and 7; that based on the information submitted, this application satisfies 40 C.P.R. Parts 5 and 7; and that the applicant has given assurance that it will fully comply with all applicable civil rights statutes and EPA regulations. A. Signature of Authorized EPA Official B. Title of Authorized EPA. Official C. Date Print Form FORM' FOR Approved By OMB: No. 2030 -0020 Expires 12 -31 -2011. oral or 4700 -4 (Rev. mous e mt10 are obsoiete. This form presents force account expenses. You are under no obligation to claim all costs or to fill out the entire form. Sections A, B, G and H must be completed for each job classification. However, sections C, D, E and F are provided to assist you in computing your force account expenses and are not required. In addition, a list of equipment and charge rates for any city owned equipment which will be charged to the project will need to be submitted for eligibility consideration. Job Classification: Capital Project Project Name Director A. Calculate Monthly Workhours B. Calculate Hourly Pay Hate Rev 4/99 Working Hours Per Month 173 33 (work hours per week x 52 weeks per year divided by months per year) Monthly Pay Rate Ranges from 6, 25758 to 7,823.75 Hourly Pay Rate Ranges from 3 7 6 6 t 45.14 (monthly pay rate divided by working hours per month Pay Rate Per Hour) Calculate Hourly STATE OF ALASKA ADEC MUNICIPAL MATCHING GRANTS enefit Hate Social Security (FICA) Workers Compensation (W /C) Retirement Contribution (PERS) Unemployment Insurance (SUI) Total Benefits Percentage FORCE ACCOUNT APPROVAL FORM 1.45 0.70 22.00 0.50 24.65 Hourly Benefit Rate Ranges from 9.28 to 11.13 (hourly pay rate x total benefits percentage Hourly Benefit Rate D. Calculate Hourly Insurance "ate Health and Dental Ranges from Accidental Death Basic Life or Other: Total Insurance i.,enefits 5.88 to 5.88 0022 to 0022 .0014 to$ .0014 5.8836 to$ 5.8836 Hourly Insurance Rate from 5.88 to 5.88 (total insurance benefits divided by working hours per month Insurance Rate Per Hour) Page 1 of2 2 ADEC Municipal Grants Calculate }kerb: Leave Rate Personal Leave Vacation Leave days per month ranges from Sick Leave days per month ranges from Leave Hours Per Month Ranges From 16 hours to 22 hours (vacation plus sick leave days per month x working hours per day Leave Hours Per Month) Leave Rate Per Hour Ranges from 3.48 to 5.73 hours (pay rate per hour x leave hours per month divided by working hours per month Leave Rate Per Hour) Calculate Hourly Holiday Rate Paid Holidays Per Year 11 days Holiday Rate Per Hour Ranges from 1. 59 to 1.91 (paid holidays per year divided by 12 months divided by working hours per month x working hours per day x pay per hour Holiday Rate Per Hour) G. Calculate Hoarly Charge Rate Pay Rate 37.66 Benefit Rate 9.28 Insurance Rate 5.88 Leave Rate 3.48 Holiday Rate 1 59 Total: 57.89 H. Certification Based on the details shown above, we request approval of a low rate of 57.89 per hour, and a high rate of 6 9 79 per hour inclusive for all employees in this job classification engaged in force account work for the subject grant. Hourly Low Rate Hourly High Rate 45.14 11.13 5.88 5.73 1.91 69.79 City Manager Title days to 2.75 days days to days August 4, 2009 Date 2ev 4/99 Page 2 of 2 ADEC Municipal Grants Alaska Department of Environmental Conservation Facility Construction and Operation 410 Willoughby Avenue, Suite 303 Juneau, Alaska 99811 September 2009 RE: City of Kenai, Alaska $2,000,000 Clean Water Fund Loan, and $2,000,000 Drinking Water Fund Loan Ladies and Gentlemen: We have acted as counsel to the City of Kenai "City in connection with the authorization by the City of the loans referred to above "Loans The Loans are authorized by Resolutions Number 2009 -59 and 2009 -60 of the City, adopted September 2009 (Resolutions We are of the opinion that: 1. Each of the Loans has been duly authorized in accordance with law, including the Resolutions, and that the City has sufficient legal authority to incur obligations to each of the Clean Water Fund and the Drinking Water Fund as provided in the Resolution. 2. Provided that the City prepays its obligations under each of the Loans as described in the Resolutions, upon the execution and delivery by the City of the assistance agreement for each of the Loans, each of the Loans will constitute a valid, binding special obligation of the City as provided in the Resolutions, enforceable in accordance with its terms, payable solely from the sources described in the Resolution. F:A505303\2V00078339.DOC Very truly yours, BIRCH, HORTON, BITTNER and CHEROT Thomas F. Klinkner the C(' of KENAI. ALASKA CITY OF KENAI RESOLUTION NO. 2009 -60 SUBSTITUTE Suggested by: Administration A RESOLUTION OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR AN ALASKA CLEAN WATER FUND LOAN FOR THE CONSTRUCTION OF SEWER COLLECTION MAINS, FORCE MAINS, SEWAGE LIFT STATION AND RELATED IMPROVEMENTS ALONG BRIDGE ACCESS ROAD FROM THE KENAI SPUR HIGHWAY TO BEAVER LOOP ROAD. WHEREAS, pursuant to AS 46.03.032 the State of Alaska, Department of Environmental Conservation (ADEC) may make loans to municipalities from the Alaska Clean Water Fund (ACWF) to pay for the cost of designing, building, constructing, and rehabilitating public drinking water distribution systems; and, WHEREAS, the City has applied to ADEC for a loan in the amount of $2,222,000 from the ACWF for the Bridge Access Water Sewer Project, and ADEC has accepted the City's loan application (Preliminary ACWF Loan 475051); and, WHEREAS, ADEC will fund 90% or $2,000,000 of the loan through principal forgiveness through funding received through the American Recovery and Reinvestment Act (ARRA); and, WHEREAS, the City will prepay the City's 10% share ($222,000) and one -half percent (1 /2 early repayment fee ($11,110), from the Water Sewer Fund, to ensure no debt is incurred; and, WHEREAS, the construction of improvements will support existing commercial enterprises and new commercial development in the project area; and, WHEREAS, it is in the best interest of the City of Kenai to apply for an ACWF loan and authorize the City Manager to execute any and all documents required by the ADEC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai is authorized to execute a loan agreement with the Alaska Department of Environmental Conservation for an ACWF loan for the construction of a sewer collection main project along Bridge Access Road from the Kenai Spur Highway to Beaver Loop Road and the City Manager is authorized to execute any and all documents that may be required by the Department to reflect the terms of its repayment, and any security therefore, including but not limited to an agreement for the loan. Substitute Resolution No. 2009 -60 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of September, 2009. ATTEST: Carol L. 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ASSISTANCE AMOUNT This application is for 2,222,000 in loan monies from. the Alaska Drinking Water Fund. What loan pay back period would you prefer? P7I Less Than 1 -Year Less Than 5 -years Up to 20 -Years Note: The loan pay back period may not exceed 20 years. STATE OF ALASKA ALASKA DRINKING WATER FUND APPLICATION FORM (W/ Economic Stimulus Funding) Distribution System fl Capacity /Restructuring Rev. 4/09 Page 1 of 4 ADWF Application PRO) T COSTS Administration Legal Preliminary Studies /Reports Engineering Design Inspection/Surveying/Construction Management Construction Equipment Contingencies Other 'ED Loan Agreement Signed Preliminary Engineering Report Design Engineering Preparation of Bid Documents Award of Construction Contract Construction Initiation Construction Completion Initiation of Operation ER FUNDING Federal Funds from: Other State Funds from: Other Local Funds From: Water Sewer Fund Other (Identify Source): Other (Identify Source): Rev. 4/09 Page 2 of 4 50,000 78 040 117,060 1,856,900 120 000 Total Project Costs 2,222,000 Estimated Date September 18, 2009 August 6, 2009 September 17, 2009 September 17, 2009 November 19 2009 February 1, 2010 September 30, 2010 September 30 2010 What funds, if any, other than Alaska Drinking Water Fund monies are committed for this project? Amount: Amount: Amount: Amount: Amount: 222,000 ADWF Application A separate account will be established within the municipality's accounting system through which financial assistance received from the Alaska Drinking Water Fund will be administered. I certify the above information is current and correct. Rick Koch Name Signature If this project includes a request for American Recovery Reinvestment Act of 2009 (ARRA or economic stimulus Act) funding, the program form titled "Economic Stimulus Supplemental Application Form" must be completed and submitted with this main application form. DOCUMENTS TO BE SUMBITTED AS PART OF THIS APPLICATION: R 7 7 ADWF Financial Information Fonn 7 Environmental Review Documentation AND EITHER: Facility Plan Title Date Preaward Compliance Review Report (EPA Form 4700 -4) 31 Capacity Development Worksheet City Manager Force Account Approval Forms and Equipment Rates, if applicable Certification from your City Attorney stating that the Municipality has sufficient legal authority to incur the debt for an Alaska Drinking Water Fund loan 7 A resolution from your city council authorizing this loan application and designating an official authorized to accept and manage an Alaska Drinking Water Fund Loan; or A resolution from your city council authorizing this loan application and specifying that an additional resolution will be issued to authorize the acceptance of a loan offer from the Alaska Drinking Water Fund. Rev. 4/09 Page 3 of 4 AD Wt' Application Submit Completed Application to: Alaska Department of Environmental Conservation Municipal Grants Loans 555 Cordova Street Anchorage, Alaska 99501 -2617 Rev. 4/09 Page 4 of 4 ADWF Application ITEM At CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.ak.0 s 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker 1. Approval (Public Comment to be Taken) Proposition A Informational Flyer 2. Ordinance No. 2428 -2009 Amending KMC 7.25.020 to: 1) Better Define How Budget Transfers in Amounts of Less Than Five Thousand Dollars ($5,000) are Accomplished; and, 2) Provide that Budgetary Control for a Capital Project is Done at the Project Level Rather Than the Object Level; and, 3) that Object Level Budget Transfers in Capital Projects in Excess of Five Thousand Dollars ($5,000) or More Shall be Reported to the Kenai City Council on a Monthly Basis. (Clerk's Note: At the August 19, 2009 council meeting, Ordinance No. 2428 -2009 was postponed to September 2, 2009. The motion to adopt is active.) 3. Ordinance No. 2433 -2009 Amending KMC 1.15.040 (Agenda and Packet Development, Preparation, Distribution, Publication, Late Materials) to Include a Subsection Providing for the Clerk's Preparation of the Agenda. 4. Ordinance No. 2434 -2009 Amending KMC 14.25 (Landscaping /Site Plan Regulations) by Amending KMC 14.25.020 (Application) and Enacting a New Section KMC 14.25.025 (Retention Basins) to Provide -83- Landscaping and Site Plan Requirements for the Development of Retention Basins. 5. Ordinance No. 2435 -2009 Amending the Land Use Table in KMC14.22.010 to Provide that Tattoo Parlors and Massage Therapists Require a Conditional Use Pe, alit in the Townsite Historic Zone (TSH). 6. Ordinance No. 2440 -2009 Increasing Estimated Revenues and Appropriations by $9,000.00 in the General Fund Communications Machinery and Equipment for the Purchase of a Replacement Stancil Recording Server That Has Failed Unexpectedly. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption ITEM E: MINUTES 1. Regular Meeting of August 19, 2009. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2436 -2009 Increasing Estimated Revenues and Appropriations by $938.08 in the General Fund for Bureau of Highway Patrol Equipment Expenses. *Ordinance No. 2437 -2009 Increasing Estimated Revenues and Appropriations by $5,625.00 in the Congregate Housing Fund, Professional Services for an Increase in the Caretaker Contract in Excess of Originally Budgeted Amounts. *Ordinance No. 2438 -2009 Increasing Estimated Revenues and Appropriations by $18,628.00 in. the Congregate Housing Fund, Repair and Maintenance for Installation of Landscaping Sprinklers Along the Front of the Vintage Pointe Housing Facility. 6. *Ordinance No. 2439 -2009 Increasing Estimated Revenues and Appropriations by $7,163.00 for City Manager Pay and Benefits Increase in Excess of Originally Budgeted Amounts. 7. Approval Appointment of Election Boards. ITEM H: COMMISSION /COMMITTEE REPORTS -84- 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission S. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention Visitors Bureau f. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1, City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date ns noted.) Ordinance No. 2362 -2008 Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2412-2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT -85- Hal Smalley Joe Moore Barry, Eldridge Rick Ross (telephonically) Robert Molloy Mike Boyle Pat Porter, Mayor ITEM A: CALL TO ORDER A -2. ROLL CALL The City Clerk took roll. Present were: ADD TO: MOTION: KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER. 2, 2009 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The fallowing changes were requested: D -1, Approval /Proposition A Informational Flyer Updated Informational Flyer Flyer of MAPS Neighbors 9/1/09 C. Winegarden Letter iv/attachment Porter suggested amendments to flyer ADD TO: D -2, Ordinance No. 242S-2009 T. Eubank memorandum of explanation for suggested changes to the code. Council Member Smalley MOVED for approval of the agenda with the added information and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. -86- Aaron Tumage, Kenai Police Department Officer of the Year Stacey Day, Kenai Police Department Dispatcher of the Year Firefighter of the Year Pete Coots, Kenai Fire Department John Wichman, Kenai Fire Department Abe Porter, Kenai Fire Department Jeremy Hamilton, Kenai Fire Department EMS Call of the Year #08 -848 KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 2 VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. Mayor Porter introduced Krista Stearns, newly appointed city attorney. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Eli Butler, 1711 Kaknu, Kenai Butler info ed Council of her 4 -H project raising a seeing eye puppy named Keko and that during the 18 months she had the puppy, she had been giving Keko basic obedience training, socializing her and desensitizing her. Butler thanked the City for allowing her to visit public buildings, as well as private businesses in town for allowing her to visit their businesses with Keko. Mar Schrag, 302 Princess Street, Kenai Stated his concern City Manager Koch had not allowed MAPS residents to offer input into the developing of the Proposition A Informational Flyer. There being no one else wanting to speak, Unscheduled Public Comments were closed. Members of the Kenai Police Department and Kenai Fire Department who received awards at the Second Annual Public Safety Awards Banquet were identified as follows: -87- KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 3 1 Kenai Fire Department Fire Call of the Year #08 -1204) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -1. Approval (Public Comment to be Taken) Proposition A Informational Flyer Janine Espy, 403 McCollum Drive, Kenai Stated she did not see a lot of major changes from the draft flyer reviewed at the August 27, 2009 work session; felt the flyer was still very biased; felt the flyer was not factual; disagreed with the table related to vacant property; and, would not have a problem with the flyer if it contained a statement the City was trying to bias the voters. Mark Schrag, 312 Princess, Kenai Agreed with Espy; felt the #4 goal should not be listed separate from the other goals; felt the flyer was blatantly biased; and, he also would like the flyer to contain a statement that it was designed to bias the voters. Colleen Ward, 708 Magic, Kenai Stated she believed it was a very appealing brochure, thought it was highly biased; offered two options, i.e. not to use the flyer as submitted, and use pro and con statements, working with the MAPS residents or include an acknowledgement that the flyer was an attempt to influence the voters, was paid for by the taxpayers of the city, and include the entire ordinance in it. Tim Navarre, 608 Ponderosa, Kenai Navarre stated he felt the question on the brochure should be exactly the same as it was on the ballot, and suggested the yes and no should be balanced by switching their positions in the two places where they were placed; stated he thought it difficult to distinguish between influencing or informing the public; and, thought it appropriate for the city to consider it and produce a document to influence the process in order to educate the public of the issues. There being no one else wishing to speak, the public hearing was closed. MOTION: Council Member Moore MOVED to approve the informational flyer as presented by the Administration (the lay down). Council Member Eldridge SECONDED the motion. Council comments included: It was appropriate to highlight Goal #4 as it was key to the proposition. The flyer did not identify where the commercial zone was located that was being buffered. It should be identified on the map on the flyer. -88- Smalley No Moore Yes i Eldridge Boyle Yes No Ross Yes Molloy No Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 4 The flyer included a lot of information, but probably would not be read. Other forms of distributing information should be considered, i.e. radio discussions, League of Women Voters, etc. All the City should do was to include a proposition summary in the Borough voting pamphlet; felt it bad public policy of council to campaign against the qualified voters; if wanting a flyer, should spend private money for it; and agreed the flyer should be scrapped and do a pro /con flyer. The flyer contained answers to most asked questions, i.e. what properties did the zone involve, types of development allowed, how the LC zone could be accessed, landscaping, etc. The flyer was meant to inform the voters and did not believe it was biased. Felt a council flyer should be very neutral and the suggested flyer was not neutral; the flyer implied to sway the voter with information not relevant; felt the flyer should identify where the transition was to the zone; the ordinance should be included on the flyer; felt the work session changed nothing; and, would like to have seen improvement of the pamphlet. Comments received from public included information received from the petition carriers was not accurate and felt the brochure explained the issue. Suggested changes were offered, however no motion to amend was stated. Appreciated the work session, but disappointed some of the suggested changes were not incorporated into the brochure. The pictures were not of the LC zone. VOTE: *Student Representative Johnson: No MOTION PASSED. MOTION: Council Member Moore MOVED to direct the city manager and administration to accomplish additional efforts to provide the public with factual information consistent with the information presented in the informational mailer within the budget previously established for that purpose. Council Member Eldridge SECONDED the motion. Moore stated his intent of the motion was to authorize the city manager and the administration to produce and distribute information to the public without further specific approvals by council. -89- Smalley i Yes Moore Yes Eldridge Boyle Yes Yes Ross Yes Molloy Yes Porter 1 Yes No Boyle No Porter Smalley No Moore Yes Eldridge Yes Ross Yes Molloy No Boyle No Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 5 Council comments included: Objection to the motion as the issue was not on the agenda and felt a resolution should be before council at its next meeting to allow for a public hearing on the issue. Objection to the motion because the City Clerk would be included in the reference to administration and the City Clerk should remain fair and unbiased and should not have any involvement with getting the flyer out to the public. Agreement with the concern of the City Clerk included in the reference to administration and involvement with the flyer. Disagreement with needing a resolution giving direction to the city manager as that is done all the time without a resolution. MOTION TO AMEND: Council Member Moore MOVED to amend the motion with the inclusion of "his" before 'administration." Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes MOTION TO AMEND PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: No MOTION PASSED. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:11 P.M. D -2. Ordinance No. 2428 -2009 Amending KMC 7.25.020 to: 1) Better Define How Budget Transfers in Amounts of Less Than Five Thousand -90- Smalley Yes Moore Yes Eldrid e Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes i M olloy Yes Boyle i Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 6 Dollars ($5,000) are Accomplished; and, 2) Provide that Budgetary Control for a Capital Project is Done at the Project Level Rather Than the Object Level; and, 3) that Object Level Budget Transfers in Capital Projects in Excess of Five Thousand Dollars ($5,000) or More Shall be Reported to the Kenai City Council on a Monthly Basis. (Clerk's Note: At the August 19, 2009 council meeting, Ordinance No. 2428 -2009 was postponed to September 2, 2009. The motion to adopt is active.) With the inclusion of the Finance Director memorandum explaining the reason for the code amendment, there were no further council questions or comments. VOTE: *Student Representative Johnson Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2433 -2009 Amending KMC 1.15.040 (Agenda and Packet Development, Preparation, Distribution, Publication, Late Materials) to Include a Subsection Providing for the Clerk's Preparation of the Agenda. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2433 -2009 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes -91- Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 7 MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2434 -2009 Amending KMC14.25 (Landscaping /Site Plan Regulations) by Amending KMC 14.25.020 (Application) and Enacting a New Section KMC 14.25.025 (Retention Basins) to Provide Landscaping and Site Plan Requirements for the Development of Retention Basins. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2434 -2009 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. It was explained, the code amendment would require fencing and landscaping around retention ponds, which had not been required in the past and there would be no grandfathering of previously placed ponds. Concern was expressed the ordinance was not specific as to a minimum height of fencing. MOTION TO AMEND: Council Member Smalley MOVED to amend Ordinance No. 2434 -2009 by including a minimum of six feet (6') height for fencing. Council Member Boyle SECONDED the motion, Clarification was requested to include "(six foot minimum)" at paragraph (1)(c), after the word "fenced." VOTE ON AMENDMENT: `Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: Yes -92- 1 Smalley No Moore Yes Eldridge Yes Ross Yes Molloy No Boyle No Porter No Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 8 MOTION PASSED UNANIMOUSLY. D -5. Ordinance No. 2435 -2009 Amending the Land Use Table in KMC14.22.010 to Provide that Tattoo Parlors and Massage Therapists Require a Conditional Use Permit in the Townsite Historic Zone (TSH). MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2435 -2009 and Council Member Moore SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Marilyn Kebschull, City Planner Explained the issue was originally included in a previous ordinance which had included in it three code changes. At the request of council, the three code changes were separated into three ordinances. This was the third and last of those ordinances. Council /Administration comments included concern the ordinance was singling out two personal services and that Administration had no position to take on the issue. VOTE: "Student Representative Johnson: No MOTION FAILED. D -6. Ordinance No. 2440 -2009 Increasing Estimated Revenues and Appropriations by $9,000.00 in the General Fund Communications Machinery and Equipment for the Purchase of a Replacement Stancil Recording Server That Has Failed Unexpectedly. D -6a. Motion for Introduction -93- Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 9 MOTION: Council Member Smalley MOVED to introduce Ordinance No. 2440 -2009 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -6b. MOTION: Motion for Second Reading (Requires a Unanimous Vote) Council Member Smalley MOVED to hold the second reading on Ordinance No. 2440- 2009 and Council Member Eldridge SECONDED the motion. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -6c. Motion for Adoption MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2440 -2009 and Council Member Eldridge SECONDED the motion. -94- Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 10 The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E -1. Regular Meeting of August 19, 2009 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. 50 ORDERED. -95- KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 11 G -3. Ordinance No. 2436 -2009 Increasing Estimated Revenues and Appropriations by $938.08 in the General Fund for Bureau of Highway Patrol Equipment Expenses. Introduced with approval of consent agenda. G -4. Ordinance No. 2437 -2009 Increasing Estimated Revenues and Appropriations by $5,625.00 in the Congregate Housing Fund, Professional Services for an Increase in the Caretaker Contract in Excess of Originally Budgeted Amounts. Introduced with approval of consent agenda. G-5. Ordinance No. 2438 -2009 Increasing Estimated Revenues and Appropriations by $18,628.00 in the Congregate Housing Fund, Repair and Maintenance for Installation of Landscaping Sprinklers Along the Front of the Vintage Pointe Housing Facility. Introduced with approval of consent agenda. G -6. Ordinance No. 2439 -2009 Increasin.g Estimated Revenues and Appropriations by $7,163.00 for City Manager Pay and Benefits Increase in Excess of Originally Budgeted Amounts. Introduced with approval of consent agenda. G -7. Approval Appointment of Election Boards. Council Member Smalley noted his wife, A. Susan Smalley, with approval of the appointments, would be a member of the canvass board and noted he felt it was a potential conflict and requested a ruling. City Attorney Stearns noted, though payment to Mrs. Smalley would not be substantial, it would be best he disqualify himself from the vote. Council Member Molloy noted he was a candidate on the City's ballot and requested a ruling of whether he should vote. City Attorney Stearns noted, since there would be no financial interest to Council Member Molloy, he could vote. MOTION: Council Member Moore MOVED to approve, without objection, the appointment of the Election Board contained in the memorandum. Council Member Eldridge SECONDED the motion. VOTE: -96- KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 12 There were no objections. SO ORDERED. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Ross noted the September meeting had been cancelled. H -2. Airport Commission Council Member Eldridge reported the next meeting was scheduled for September 10, 2009 and Council Member Moore would be attending for him. H -3. Harbor Commission Council Member Smalley reported the next meeting was scheduled for September 14, 2009. H -4. Library Commission Council Member Boyle reported on the meeting held September 1, 2009, and noted tickets for the annual fundraiser were on sale and a 60th birthday celebration for the library was scheduled for September 26, 2009. Mayor Porter noted the application of Kimberly M. Glidden for appointment to the Library Commission, was included in the packet. Porter appointed Glidden with no objection from council. H -5. Parks Recreation Commission Council Member Moore reported the next meeting was scheduled to be held on October 1, 2009. H -6. Planning Zoning Commission Council Member Molloy reported on actions and discussions held at the August 26, 2009 Planning Zoning Commission meeting. H -7. H -7a. Miscellaneous Commissions and Committees Beautification Committee No meeting. H -7b. Alaska Municipal League Report No meeting. H -7c. Mini -Grant Steering Committee No meeting. H -7d. Advisory Cemetery Committee Council Member Eldridge reviewed the summary of the August 20, 2009 meeting which was included in the packet H -7e. Kenai Convention Visitors Bureau Council Member Smalley reported the Board met on August 31, 2009 and gave a brief update of the meeting discussions /actions, including the proposed management agreement. -97- KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 13 H -7f. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reviewed actions /discussions taken at the September 1, 2009 assembly meeting. ITEM I: REPORT OF' THE MAYOR Mayor Porter reviewed the following information: Noted John Douglas, who had been the city's representation to the Cook Inlet RCAC Board of Directors, had resigned. Porter requested Council's appointment approval of John J Williams to replace Douglas. Bill Osborn would remain the alternate to the Board. Council Member Molloy disclosed a conflict in that CIRCAC was a client of his firm. City Attorney Stearns advised Molloy to recuse himself from voting Without objection, Williams was appointed to the Cook Inlet RAC as the City's representative to its Board of Directors. She had attended Industry Days, the Kenai Peninsula Food Bank soup Supper, and attended Senator Murkowski's open house at her new office in Kenai. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manger Koch reported the following items: The draft contract with the Kenai Convention Visitors Bureau was included in the packet and administration intended to bring it back to council at its next meeting. A beaver problem existed at Spur Highway, near Forest Drive, where DOT was lowering the water to open the culvert under the highway. Though Fish Game gave the City of Kenai permission to cause the demise of the beavers, he believed it was the State's responsibility to do so and wanted to further discuss the issue with DOT and wanted to get a commitment from them to remove the beavers or put a protection around the culvert to prevent the beavers from blocking it. He would be sending for information packets related to congressional funding. He would be leaving to attend the ICMA convention in Montreal on September 12, 2009. He received the quit claim deed for the Peninsula Avenue properties. He had not been able to meet with Governor Parnell on August 22, but hoped to meet with him during the week of September 21. He would be meeting with department directors to discuss the H1N1 virus and review a City of Kenai plan. Suggested October 21, 2009 for scheduling a work session to formulate the capital improvement project list. Another suggestion was to schedule a work session to discuss beach area traffic flow, speed limits, off -road vehicle use, etc. -98- KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 14 Preference was to wait until after the 2009 Dip Net Fishery Report was completed and reviewed. Commented on cap and trade, noting it was evolving legislation at this time, but would discuss with the Governor. He would not be at the September 16, 2009 meeting as he would be attending the ICMA Conference. The water leak test was completed and found there were five or six fire hydrants leaking and they were repaired. The heaving on Lawton Drive had not been caused by water leaking and would be investigated further. A request was made to include that work on the Public Works Status Report. A condition survey of all city streets was being performed, it would be completed in six to eight months, the information would be used to prioritize street work, and the Lawton Drive issue would be addressed before the survey was completed. Referenced the letter to Senator Wagoner related to ownership of Wildwood Drive, noting it would be some time before an answer would be received. J -2. Attorney Attorney Stearns reported her first week of working for the City was going well and she would be attending an airport conference and would not be in attendance for the September 16, 2009 council meeting. J -3. City Clerk City Clerk Freas reported the following items: September 6 would be the last day to register to vote prior to the October 6, 2009 election. Division of Elections would be sending out new voter registration cards to voters residing in Kenai Precinct No. 2 which would include their new voting site at the Challenger Center. Public Service Announcements would also be requested. Absentee voting applications were available on the City's webpage and at all Clerk's offices in the Borough. Absentee voting would begin on September 21, 2009, Clerk Freas was requested to compose a thank -you letter to John Douglas for the Mayor's signature. ITEM IC: DISCUSSION K -1. Citizens (five minutes) Bob Peters, 902 Mission Avenue, Kenai Reported tickets to the annual library fundraiser were available for purchase. Colleen Ward, 708 Magic Avenue, Kenai Stated she appreciated the level of preparedness of council and staff; concern related to Mayor's comments of misinformation being disseminated by the MAPS residents and wanted the referendum -99- KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 15 to pass or fall on the facts; requested an explanation of the inaccurate information being communicated so their information would be accurate; and, wanted to set the record straight so that voters would understand clearly the issues. Janine Espy, 403 McCollum Drive, Kenai Referencing an earlier council comment, explained she believed some of the information in the brochure was not factual and was trying to give her opinion. Mark Schrag, 312 Princess Street, Kenai Stated he believed the applicant could have developed his property with a conditional use permit; wanted to be factual with their information they disseminate, however council needed to accurate in their comments; and, they offered a compromise and would prefer that instead of decisiveness. Tim Navarre, 608 Ponderosa, Kenai Stated he hoped council would bring the community together after the election and discuss what was planned for the city as a whole, i.e. what changes would like to be made, etc. Also suggested funding be included in the budget for a facilitator. K -2. Council Porter Noted the thank -you letter included in the packet from Joe Harris related to the moving of the historical cabins. Boyle Noted Student Representative Johnson would be eligible to vote on September 3, 2009. Molloy Thanked those who testified and commented at the end of the meeting and welcomed City Attorney Stearns. Johnson Reported on activities she had attended, plans for the Kenai Central High School Homecoming, and she would register to vote September 3. Eldridge Reported he would attend the next meeting telephonically. Ross Stated it had been interesting watching the streaming of the meeting while attending the meeting telephonically. Moore Welcomed City Attorney Stearns. Smalley Welcomed City Attorney Stearns; wished Johnson a happy birthday; thanked those who gave testimony during the meeting; noted he hoped voters would make the right decision for themselves; and, he wanted to continue to work together and improve the city. -100- KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 16 ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362 -2008 Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:30 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion, Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -101- Z O F- Q U LL V N- 1- Z 0 a -102- 0 a cc w w the ry KENAI. ALASKA v CITY OF KENAI ORDINANCE NO. 2441 -2009 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THAT LOTS 12, 13, 14, 15 AND 16,BLOCK 3, EAST ADDITION, TOWNSITE OF KENAI, KENAI, ALASKA, ALSO KNOWN AS 600, 602, 604, 606 AND 608 PENINSULA AVENUE, KENAI, ALASKA, WHOSE LAST RECORD OWNER UNDER BOROUGH ASSESSMENT RECORDS WAS THE FIRST BAPTIST CHURCH, 5432 E. NORTHERN LIGHTS BOULEVARD, #416, ANCHORAGE, ALASKA, SHALL BE RETAINED BY THE CITY OF KENAI FOR A PUBLIC PURPOSE. WHEREAS, the City has identified. five (5) parcels of property foreclosed upon by the Kenai Peninsula Borough for unpaid real property taxes that will serve a public purpose to the City; and, WHEREAS, the five parcels are Lots 12 through 16, Block 3, East Addition, Townsite of Kenai, also known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska; and, WHEREAS, the City has paid the outstanding balance for property taxes and interest in the amount of 57,299.30 of which $4,723.88 relates to Kenai Peninsula Borough taxes and the remaining $2,575.42 relates to City of Kenai taxes and interest; and, WHEREAS, the Borough has conveyed Lots 12 through 16, Block 3, East Addition, Townsite of Kenai to the City by quitclaim deed dated August 24, 2009; and, WHEREAS, the City of Kenai desires to retain the above referenced tax- foreclosed property for public purposes, including as a staging area to support of bluff erosion control measures and, later, for parks and recreational purposes; and, WHEREAS, AS 29.45.460) requires that the City shall determine by ordinance whether a tax- foreclosed property shall be retained for a public purpose and shall provide the former record owner, by certified mail, with notice of the public hearing on that ordinance; and, WHEREAS, after passage of an ordinance declaring the City's retention of tax foreclosed property for a public purpose, the right of the foL carer record owner to repurchase the property ceases; and, WHEREAS, the last record owner of the property as the name appeared on the Kenai Peninsula Borough's assessment roll was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska. New Text Underlined: (DELETED TEXT BRACKETED -104- Ordinance No. 2441 -2009 Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: This is a non -code ordinance. Lots 12, 13, 14, 15 and 16, Block 3, East Addition, Townsite of Kenai, Kenai, Alaska, also known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, whose last record owner as listed in the Kenai Peninsula Borough's assessment rolls was the First Baptist Church, 5432 E. [Northern Lights Boulevard, #416, Anchorage, Alaska, are hereby retained by the City of Kenai for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this seventh day of October, 2009. ATTEST: Carol L. Freas, City Clerk SECTION ONE SECTION TWO New Text Underlined [DELETED TEXT BR4CKETEDI -105- PAT PORTER, MAYOR Introduced: September 16, 2009 Adopted: October 7, 2009 Effective: October 7, 2009 c e/t of KENAI, ALASKA MEMO: "Tillage with a Past, Gcy with a Future" uemmonv 1 11r 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City Manager DATE: September 8, 2009 SUBJECT: Ordinance 2441 -2009 Lots 12 through 16, Block 3, East Addition, Townsite of Kenai Ordinance 2441 -2009 is written to allow the Council to declare five tax foreclosed properties on Peninsula Avenue to be retained by the City of Kenai for a public purpose. The properties will be used as a staging area for the bluff erosion project and, later, for parks and recreation uses. Alaska statute 29.45.460 requires a determination to retain tax foreclosed property for public purposes to be made by ordinance. This ordinance may look familiar. The Council previously made a similar declaration in Ordinance 2419- 2009 adopted on July 15, 2009; however, that declaration did not meet the requirements of state foreclosure statutes because the City was not then the record owner of the tax foreclosed properties. This early declaration was made prior to obtaining the deed solely in order to satisfy internal policies and procedures imposed by the Kenai Peninsula Borough before the Borough would transfer title to the foreclosed properties to the City. After the Council adopted Ord. 2419 -2009, the City paid the delinquent taxes and related costs to the Borough and the Borough transferred title to the Peninsula Avenue properties by quitclaim deed to the City on August 24, 2009. The instant ordinance now addresses the express requirements of state statute designed, in part, to protect the rights of former record owners of tax- foreclosed property. Under AS 29.45,460, once a city adopts an ordinance to retain tax foreclosed property for a public purpose, the right of the former record owner to repurchase the property ceases. Accordingly, AS 29.45.460 requires that when the City retains tax foreclosed property for public purposes it must provide the former record owner with special notice of its intent to adopt an ordinance declaring so. Administration is working to provide the former record owner notice in excess of that minimally required by state statute. The former owner can participate at the public hearing on the ordinance or act before its adoption to redeem the property. 1992 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $108,656 IN THE GENERAL FUND FOR UPGRADE OF THE DISPATCH CENTER AND PASS THROUGH FUNDS TO THE CITIES OF SOLDOTNA AND HOMER. WHEREAS, the City has received a Justice Assistance Grant (JAG) for the Cities of Kenai, Soldotna, and Horner in the amount of $103,356; and, WHEREAS, according to the Bureau of Justice Statistics allocation formula, the City of Kenai will receive $30,738 for upgrades to its dispatch center and the remaining $72,618 will be administered by the City as a pass through grant to the Cities of Soldotna and Homer; and, WHEREAS, upgrades to the City's dispatch center are estimated to cost $36,038 and will require local funds of $5,300 to supplement this grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance Federal Revenue PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of October, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 CITY OF KENAI ORDINANCE NO. 2442 -2009 Increase Appropriations: Police Machinery Equipment Non Departmental Grants to Agencies -107- PAT PORTER, MAYOR Suggested by: Administration 5,300 $103,356 36,038 72,618 Introduced: September 16, 2009 Adopted: October 7, 2009 Effective: October 7, 2009 Memorandum To: Rick Koch, City Manager Fm: Gus Sandal'', Police Chief Date: 9/9/2009 Re: Justice Assistance Grant In May of 2009, the Kenai Police Department applied for and received approval for a Justice Assistance Grant (JAG), This grant proposal was presented before the Kenai City Council in April of 2009. A Bureau of Justice Statistics formula calculated recommended allocation amounts for the cities of Homer, Soldotna, and Kenai, and recommended that the City of Kenai receive $30,738 out of $103,356 total JAG funds available to the three municipalities. Since the grant funding falls under a disparate allocation, the three municipalities (Kenai, Soldotna, Homer) had to file a. joint application, and the City of Kenai was named as the fiscal agent. The Kenai Police Department JAG funding will be used to upgrade the Kenai Dispatch Center. There is no local match requirement, but the upgrade will require an additional $5,300 (estimated) from the City of Kenai. The additional funds are due to the specialized labor involved with temporarily displacing and then reinstalling the technology in the Dispatch Center. As the fiscal agent we will require the other municipalities to pay for their equipment and /or services up front and submit reimbursement requests to the City of Kenai. The City of Kenai will draw the federal funds accordingly and reimburse the municipalities. We expect the federal funding to be available for allocation very soon. 1 am requesting an ordinance to appropriate JAG funds for availability to reimburse the City of Soldotna, City of Homer, and to fund the City of Kenai's dispatch center upgrade Since the maximum JAG allocation for the three municipalities is $103,356, I am requesting $103,356 be appropriated along with an additional $5,300 for the estimated additional costs of the Kenai Dispatch Center upgrade. The grand total for the requested appropriation is $108,656. -108- Kenai Police Department CITY OF KENAI ORDINANCE NO. 2443 -2009 Suggested by: Council AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,517.77 IN THE AIRPORT FUND TRAINING FACILITY, REPAIR AND MAINTENANCE FOR MAJOR MAINTENANCE ON THE FACILITY'S EMERGENCY BREATHING SYSTEM COMPRESSOR. WHEREAS, Resolution No. 2009 -19 established a policy of designating for major maintenance, revenue received for user fees at the Alaska Fire Training Center currently being managed by Beacon Occupational Health and Safety Services, Inc (Beacon); and, WHEREAS, since inception of the management agreement with Beacon, the City has received and designated for major maintenance $20,080.50 in user fees, and, WHEREAS, the emergency breathing system compressor at the Center failed and required a major overhaul at a cost of $2,517.77; and, WHEREAS, pursuant to the management agreement with Beacon, the City shall pay for maintenance of items beyond routine /minor maintenance; and, WHEREAS, minor maintenance is defined as items costing $1,500 or less; and, WHEREAS, the Alaska Fire Training Center budget is insufficient to absorb these unplanned major maintenance repairs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Training Facility: Increase Estimated Revenue Appropriation of Designated Fund Balance Increase Appropriations Repair and Maintenance PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of October, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR -109- 2,517.77 $2,517. Introduced: September 16, 2009 Adopted: October 7, 2009 Effective: October 7, 2009 the ci o f KEN I. ALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: September 8, 2009 Village with a Past, Ci y with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 Re: Major maintenance on Alaska Fire Training Facility emergency breathing air compressor. The City was informed by Beacon, the manager of the facility, that the compressor used to refill their self contained breathing apparatus tanks failed. The compressor is critical to various types of trainings administered by Beacon and was repaired at a total cost of $2,517.77. The management agreement with Beacon identified the emergency breathing air system as one of the systems Beacon is responsible for minor maintenance of and the City is responsible for major maintenance of. Minor maintenance is defined as $1,500 or less. Resolution 2009 -19 established a policy of designating facility user fees charged by Beacon for all users of the facility and remitted to the City for major facility maintenance. To date the City has received $20,080.50 in such user fees that have been designated for major maintenance. The repair of the compressor was unbudgeted and fits with the intended use of the designated funds. This ordinance requests the appropriation of the $2,517.77 to fund the repairs. -1 1 0- Mcah Of It NAL ALASKA General Fund Increase Estimated Revenues: Appropriation of Fund Balance State Grants ATTEST: Increase Appropriations: Police Small Tools Carol L. Freas, City Clerk Approved by Finance CITY OF KENAI ORDINANCE NO. 2444 -2009 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $46,651 IN THE GENERAL FUND FOR THE PURCHASE OF IN -CAR VIDEO CAMERAS AND PORTABLE BREATH TEST INSTRUMENTS MADE POSSIBLE THROUGH AN ALASKA HIGHWAY SAFETY OFFICE EQUIPMENT GRANT. WHEREAS, in May of 2009, the Kenai Police Department applied for an Alaska Highway Safety Office equipment grant to purchase nine in -car video cameras and nine portable breath test instruments as part of a DUI suppression program titled, All Eyes on DUPs;" and, WHEREAS, on September 1, 2009 the Kenai Police Department was awarded the Alaska Highway Safety Office equipment grant, authorizing the purchase of the equipment, which has a total cost of $46,651; and, WHEREAS, the Alaska Highway Safety Office grant authorization included a local match and the Alaska Highway Safety will reimburse the City of Kenai for up to $44,757.18 of the total equipment costs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of October, 2009. PAT PORTER, MAYOR 1,893.82 $44,757.18 $46,651.00 Introduced: September 16, 2009 Adopted: October 7, 2009 Effective: October 7, 2009 Memorandum To: Rick Koch, City Manager Fm: Gus Sandal'', Police Chief Date: 9/9/2009 Re: Request Appropriation for an Alaska Highway Safety Equipment Grant In May of 2009, the police department applied for an Alaska Highway Safety Office equipment grant. On September 1, 2009, the grant was awarded, authorizing the Kenai Police Department to purchase nine Digital Ally in -car video cameras and nine Alco Sensor portable breath test instruments. The in -car video cameras cost $4,625 each, and the PBT's cost about $525 each. The total equipment costs of the grant are approved for $46,651.00, of which the Alaska Highway Safety Office will reimburse the City of Kenai for $44,757.18. The grant agreement includes a local match of city shop installation time, officer overtime (training), and also an equipment cost match of $1,893.82. I am requesting an ordinance appropriating $46,651.00 from the general fund into the police small tools account so that we can proceed with purchasing the video cameras and PBT's as early as October of 2009. Upon proof of purchase, the Alaska Highway Safety Office will reimburse the City of Kenai for up to $44,757.18 in equipment costs, which will be deposited back into the City of Kenai general fund. Page 1 -112- Kenai Police Department MEMORANDUM CITY OF KENAI 210 FIDALGO AVE., KENAI, ALASKA 99611 -7794 TELEPHONE: 907- 283 -7535 FAX: 907 283 -3014 TO: Mayor Porter and Kenai City Councilors FROM: Krista S. Steams, City Attorney\ DATE: September 10, 2009 RE: Agreement for Services— Vintage Pointe Caretaker Attached is a contract for the caretaker /facilities manager for the Vintage Point Manor Congregate Housing Facility. This contract is substantially similar to the contract we entered in to with the prior caretaker, The contract is with William Sadler, as an independent contractor caretaker, for $2,500 per month. Changes in the contract have been made to reinforce the expectation that Mr. Sadler will be an independent contractor caretaker and not an employee of the City. Because this is a contract for facilities management services, under KMC 7.15.050(e) no resolution to approve the contract is required; however, a motion to authorize the City to enter into the agreement is necessary. If Council wishes to authorize the contract it could use motion language as follows: I move that the City of Kenai enter into a facilities management agreement which is substantially similar to the proposed Agreement for Services with William Sadler and authorize the City Manager to sign such an agreement on behalf of the City. Please let me know if you have any further questions. -113- AGREEMENT FOR SERVICES THIS AGREEMENT is made this day September, 2009, by and between the City of Kenai (Owner), whose address is 210 Fidalgo Avenue, Kenai, Alaska, 99611 -7794, and William Sadler Contractor) whose address is 381 Senior Ct., Apt.106, Kenai, Alaska. WITNESSETH: WHEREAS, Owner desires to contract for on -site facility management services for the VINTAGE POINTE MANOR CONGREGATE HOUSING FACILITY; and, WHEREAS, Contractor is in the business of providing professional facilities management services and desires to enter an agreement with the City of Kenai to provide those services: NOW, THEREFORE, the parties hereto agree as follows: 1. Beginning on October 1, 2009, and ending on June 30, 2010, unless terminated earlier pursuant to this Agreement, Contractor shall provide and perform for the Owner the services described in the "Specifications for Senior Housing Facility Manager Services" (Specifications) for the VINTAGE POINTE MANOR (the Premises), a copy of which is attached and by this reference is incorporated herein. 2. Any personnel furnished by Contractor shall be employees of AGREEMENT FOR SERVICES -Page 1 of7 Contractor -114- Owner Contractor, and Contractor shall pay all salaries and expenses of, and all federal social security taxes, federal and state unemployment taxes, and any similar payroll taxes relating to such employees. Contractor shall provide Owner with evidence of both worker's compensation insurance and general liability insurance on the volunteers and/or sub contractors. Contractor acknowledges and agrees that Contractor provides services hereunder as an independent contractor of Owner. Contractor will not at any time, directly or indirectly, act as an agent, servant or employee of Owner, nor will Contractor make any cormnitments or incur any liabilities on behalf of' Owner without Owner's express written consent. 3. Contractor shall provide all proper safeguards and assume all risks incurred in performing the services to be provided under this Agreement. 4. Contractor shall provide the insurance coverage set forth in the Specifications and deliver to Owner certificates of insurance in accordance therewith on or before October 1, 2009. 5. Without limiting the responsibility of Contractor for the proper conduct of Contractor and /or his personnel, the conduct of the Contractor is to be guided by this Agreement and the rules and regulations of the Premises, including those rules as expressed in the standard lease agreement for tenants at the Premises, a copy of which has been provided to Contractor. Contractor agrees to abide by the terms of the standard lease agreement for tenants at the Premises (except as may be expressly modified herein), and AGREEMENT FOR. SERVICES -Page 2 of 7 -115- Owner Contractor he further agrees that the failure of Contractor, or of any other persons residing in the Contractor's apartment provided for under this Agreement, or of his employees to do so, is cause for Owner to terminate this Agreement. 6. Contractor is responsible for the direct supervision of his personnel.. Contractor shall be available to report and confer with the Administrator with respect to services rendered. 7. Contractor agrees that the facility manager services to be provided hereunder shall be performed by himself or by qualified, careful, and efficient employees in strict conformity with the best practices and highest applicable standards. Contractor agrees that he shall follow the policies of the City of Kenai relating to the operation of Vintage Pointe Manor. 8. In exchange for performance of services hereunder, Owner shall make payment upon proper invoicing to Contractor for services rendered hereunder at the rate of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) per month. Owner shall also provide Contractor with an unfurnished apartment at no expense, except that the contractor shall be responsible for electricity and telephone for the apartment. Contractor is responsible for payment of all taxes due, if any, to any taxing authority for sales of services rendered under this Agreement. 9. Contractor shall perform all services required hereunder, except when prevented by strike, lockout, act of God, accident, or other circumstances beyond AGREEMENT FOR SERVICES -Page 3 of 7 -116- Owner Contractor Contractor's control. 10. This Agreement may be terminated with cause by giving fifteen (15) days' written notice addressed to the other party. This Agreement by be terminated without cause upon thirty (30) days' written notice. 11. Contractor agrees to keep office hours from 10:00 a.m. to 2:00 p.m., Monday through Friday. 12. No person under the age of eighteen (18) years of age may reside in Contractor's apartment. 13. Contractor is required to abide by all rules and regulations governing the Tenants of the Premises, except for the senior citizen age eligibility requirements. 14. Contractor shall not keep pets of any kind in his apartment, nor shall pets be allowed on the Premises. 15. Owner and Contractor, by mutual written agreement within thirty (30) days prior to expiration of this Agreement, may extend this Agreement by a period no greater than one year. 16. Any and all notices required or permitted under this Agreement shall be in writing and hand- delivered or mailed by first -class mail, postage prepaid, to the following addresses: AGREEMENT FOR SERVICES -Page 4 of 7 Contractor -117- Owner To Owner: Rachael Craig Director 361 Senior Court Kenai, AK 99611 (907) 283 -4156 To Contractor: William Sadler 381 Senior Court, Apt. 106 Kenai, AK 99611 (907) 283- Either party may change its address for notice by giving notice as provided herein to the other party. Notice is effective upon hand- delivery or three days after deposit, postage prepaid, in the United States mail. (This notice provisions does not apply to transmission of complaints or requests for services by Owner /Administrator to Contractor.) 17. This Agreement, together with the attached Specifications, contains the entire agreement of the parties. All negotiations, statements, representations, warranties, and assurances, whether oral or written, which are in any way related to the subject matter of this Agreement or the performance of either party hereto are merged and integrated into the terms of this Agreement. This Agreement may not be modified or amended except by a writing signed by both parties hereto, and any purported amendment or modification is without effect until reduced to a writing signed by both parties. LN WITNESS WHEREOF, the parties have caused this Agreement to be AGREEMENT FOR SERVICES -Page 5 of 7 Contractor -118- Owner executed as of the date first above w CONTRACTOR: Approved as to form by City Attorney Krista S. Stearns AGREEMENT FOR SERVICES -Page 6 of 7 OWNER: CITY OF KENAI. By: Rick Koch City Manager By: William Sadler -119- Owner Contractor STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2009 RICK KOCH, City Manager of the City of Kenai, being personally known to me, appeared before me and acknowledged the voluntary and authorized execution of the foregoing AGREEMENT FOR SERVICES. STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT AGREEMENT FOR SERVICES -Page 7 of 7 NOTARY PUBLIC for State of Alaska My Commission Expires: THIS IS TO CERTIFY that on this day of 2009, WILLIAM SADLER, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing AGREEMENT FOR SERVICES. NOTARY PUBLIC for State of Alaska My Commission Expires: -120- Owner Contractor CITY OF KENAI SPECIFICATIONS FOR SENIOR HOUSING FACILITY MANAGER SERVICES FOR VINTAGE POINTE MANOR SENIOR CONGREGATE HOUSING Contractor will be provided with an apartment at no cost to Contractor, except for electricity and telephone. Contractor will reside in the apartment and be available to provide the services required in these specifications. The Agreement for Services to which these Specifications apply is subject to termination as identified in paragraph 10 of the Agreement for services. In addition, the Agreement for Services may be terminated by mutual consent upon thirty (30) days' written notice. 3. The City will furnish the necessary equipment and cleaning supplies needed for the performance of maintenance, which equipment shall be selected by the Contractor. Contractor shall submit written requests for purchase of equipment and supplies to the Administrator. 4. Contractor, and any employees of Contractor, shall be thoroughly familiar with these specifications. Contractor and any employee or volunteer of Contractor agree to be bound by the rules of conduct for Vantage Pointe Manor Senior Congregate Housing as identified in the Lease and as may be further set out in this Specifications and the Agreement for Services. 5. The City Manager designates the Director of Senior Services to be the Contract Administrator (Administrator) on his behalf. Contractor is responsible for prompt attention to any defective work called to his attention by the Administrator. Contractor shall act on written complaints by residents or the Administrator regarding building management services within twenty -four (24) hours. Contractor shall info residents that he may only accept written complaints from residents. Contractor shall act on verbal complaints delivered by the Administrator regarding building management services on the same day if the verbal complaint is delivered by the Administrator before 2:00 p.m. or in an emergency situation; and Contractor shall act within 24 hours if the verbal complaint is delivered after 2:00 p.m. and no emergency exists. If the deficiencies are not corrected in the allotted time, the City will arrange to have the work done and all charges will be deducted from the Contractor's monthly SPECIFICATIONS FOR FACILITY MANAGER SERVICES Page 1 of 8 Attachment to Agreement for Services 09/09 -121- payment. 6. Contractor shall maintain at his own expense a land -line telephone and a cell phone whereby he can be contacted at any time. 7. Should Contractor be away from the premises overnight or be otherwise be unable to perform his /her duties, Contractor shall designate another person of authority who shall be empowered to act for Contractor and shall stay in Contractor's aparunent during any physical absence from the facility. Contractor shall notify Administrator at least seven (7) days in advance of any expected absence which would prevent Contractor personally from fulfilling his contractual duties and of the name and contact information for any designated person of authority empowered to act in Contractor's absence during that time. Contractor agrees that, except in the case of illness, Contractor shall not be absent from the facility for more than two weeks at one time unless prior approval is given by Administrator. The person designated by Contractor as a person of authority to fulfill contractual duties in Contractor's absence must be approved in advance by the Administrator. Approval of a designated substitute will not be unreasonably withheld. 8. Administrator may require Contractor to attend and participate in meetings, as determined by Administrator, to conduct an inspection of the premises and/or to discuss performance of Contractor's contractual obligations. Contractor may request meetings of the Administrator as he /she deems desirable to fulfill his contractual duties. 9. Contractor shall obtain and maintain current State of Alaska business license and a Kenai Peninsula Borough sales tax account. 10. Contractor shall not commence work until he /she has obtained the following insurance and shall maintain the same throughout the life of the Contract. a. Worker's Compensation Insurance as required by the State of Alaska. Contractor shall perform his/her own work under the agreement and not use volunteers or sub- contractors and/or employees unless Contractor can produce evidence of both worker's compensation insurance and general liability insurance on the volunteers and /or sub-contractors and/ or employees. b. Indemnification: Contractor shall indemnify and hold harmless the City of Kenai and /or any of its agents or servants from any and all suits or claims for SPECIFICATIONS FOR FACILITY MANAGER SERVICES Page 2 of 8 Attachment to Agreement for Services 09/09 -122- WEEKLY damages of any character whatsoever from injuries sustained by any person or persons or damage to property occurring in connection with operations under this contract. The following Specifications are subject to change or modification upon agreement between Contractor and City. DAILY MAINTENANCE 1. Clean, vacuum and dust entry, arctic foyer, and common areas on the first floor and keep entry and exit door windows free of smudges. 2. Clean all public rest rooms and replenish all needed supplies. 3 Empty all common area trash receptacles. 4. Pick up trash and debris from parking lot and grounds. 5. Sweep sidewalks and gutters as needed. 6. Check all light fixtures in common areas, replacing light bulbs when necessary. 1. Prepare a weekly report of general work completed. 2. Prepare a weekly report of tenant concerns and services provided each tenant. Provide tenant "Request for Maintenance" form. 3. Check pressure and temperature on boiler. 4. Check operation of all pumps. 5. Check level of glycol tank. 6. Check temperatures of domestic water tanks. 7. Air Compressor: SPECIFICATIONS FOR FACILITY MANAGER SERVICES Page 3 of 8 Attachment to Agreemenr for Services 09/09 -123- a. Check oil level (add if needed). b. Check air filters (replace if needed). c. Drain condensation from tank. d. Check operation of fan motor in air handling unit. e. Verify proper operation of exit lighting. TWICE WEEKLY 1. Clean, vacuum and dust all common areas on the second and third floors. 2. Check boiler room for needed repairs. MONTHLY 1. Air Compressor: a. Check belts (replace as needed). b. Check mounting bolts (replace as needed). c. Clean cooling fins. Test emergency lighting. a. Maintain a written log of the dates the tests are made and the initials of the person performing the test. 3. Fire Deparunent connection: a. Confirm the connection is readily visible and accessible and not obstructed. b. Confirm the caps are in place and the swivel threads are in good condition. c. Confirm the check valve is not leaking. d. Notify the Administrator of any deficiencies for contract repair. 4. Fire Control Panel test QUARTERLY 1. Change oil in air compressor. 2. Replace filters on air handling unit (if needed). SPECIFICATIONS FOR FACILITY MANAGER SERVICES Page 4 of 8 Attachment to Agreement, for Services 09/09 -124- SEMI- ANNUALLY 1. Change set point on air handling system controls to summer setting at end of heating season. 2: Change set point on air handling system controls to winter setting at beginning of heating season. 3. Switch slab heat off for summer use (end of heating season). 4. Switch slab heat on for winter use (beginning of heating season). 5. Clean snow and ice sensor in slab at beginning of heating season and again mid- winter. 6. Air Handling Unit: a. Check operation of dampers. b. Oil all bearing inserts. FALL /WINTER 1. Put away all yard equipment for the winter. 2. Drain and store outside hoses. 3. Discard hanging flower baskets the last week of September, flowers in rock planters discarded by October 1. 4. Check to see that all outside water faucets are secure and not dripping prior to freeze up. 5. Store portable planters. Keep the driveway, sidewalks, walkways, trash area, and entry /exit doorways free of snow and ice. Clean out dampers in dryer vents on 2nd and 3rd floor. SPECIFICATIONS FOR FACILITY MANAGER SERVICES Page 5 of 8 Attachment to Agreement for Services 09/09 -125- 8. Put Christmas lights on outside of building by November 15. Put Christmas trees in card room and 2nd floor commons area. Decorate both. SPRING /SUMMER 1. Unit Heaters a. Clean diffusers, coil, and fan blades. b. Tighten fan bolts on fan guard and motor frames. c. Lubricate fan motors with turbine oil. 2, Cabinet Heaters a. Check air filters (clean or replace). b. Lubricate fan motors with turbine oil. c. Clean coils and fan blades. 3. Drain down low -point drains in dry fire protection system. 4. Replace filter canister on humidifier. 5. Plant seasonal flowers; apply fertilizer as necessary. 6. Water the lawn, shrubs and flowers as needed. 7. Sweep sidewalk and gutters as needed. 8. Water hanging baskets daily. 9. Keep the flower and shrub beds free from weeds. 10. Obtain and install ground mulch when. needed. AS NEEDED 1. Vacuum and clean common areas and apartments (after tenants vacate). Note: Carpet in apartments to be professionally cleaned. SPECIFICATIONS FOR FACILITY MANAGER SERVICES Page 6 of 8 Attachment to Agreement for Services 09/09 -126- 2. Replace light bulbs throughout building as needed. (Fluorescent bulbs should be replaced ASAP to prevent damage to ballasts.) 3. Remove snow from sidewalks with snow blower. 4. Perform timely oil changes of snow blower. 5. Distribute sand or ice melt on sidewalk when icing occurs. 6. Minor plumbing repair a. Replace bad seals in faucets. b. Replace broken toilet seats. c. Reseal toilets if wax seal is broken and leaky. d. Clean out drains at individual fixtures if clogged. e. Repair leaks on drains or water supplies to individual fixtures. f. Replace bad or broken showerheads. 7. Minor sheetrock repair a. Repair anything under the size of a quarter in diameter. b. Touch -up paint as needed. 8. Minor wallpaper repair a. Re -glue as needed. 9. Minor hardware repair a. Drawer slides: adjust or replace as needed. b. Cabinet hinges: adjust or replace as needed. (1) Locksets: adjust only. (2) Door closer: adjust or replace. (3) Window closer: oil and adjust. (4) Blinds: adjust or replace. 10. Minor carpet repair a. Re -glue as needed in the common areas and stairwell and staircase areas. 116. Monitor emergency system. 12. Contact proper authorities when emergencies arise, avoiding any action which may be SPECIFICATIONS FOR FACILITY MANAGER SERVICES Page 7 of 8 Attachment to Agreement for Services 09/09 -127- considered to be of any type of medical assistance to the tenants. a. When emergencies arise, call 911. b. If you know of a tenant that has called 911 and is transported to the hospital, notify t he Senior Center Director. c. If you are concerned about a resident's wellbeing, please notify the Senior Center Director and a wellness check will be done. 13. Do minor maintenance and repairs of apartments. 14. Clean and show vacant apartments to prospective tenants. 15. Report needed maintenance to Administrator only. 16. Follow regular maintenance schedule according to the maintenance schedule provided by the City. 17. Assist with the setting up, dismantling and storage of seasonal and holiday decorations. Christmas decorations to be set by December 1 and removed by January 5. 18. Be available to handle tenant concerns at various hours. 19. Maintain all janitorial and storage units in a clean, safe and orderly condition. 20. Maintain smoke detectors and fire extinguishers according to the City fire code. 21. Provide regular maintenance of second floor common area kitchen facility, 22. Enforce the dwelling unit lease agreement. 23. Do not use the boiler room for storage. 24. Pick -up supplies and materials AFTER approved purchase order is obtained. Failure to comply with the terms of these specifications shall subject the contract to tenni SPECIFICATIONS FOR FACILITY MANAGER SERVICES Page 8 of 8 Attachment to Agreement Services 09/09 -128- MEMORANDUM -129- CITY OF KENAI 210 FIDALGO AVE., KENAI, ALASKA 99611 -7794 TELEPHONE: 907-283-7535 FAX: 907- 283 -3014 TO: Rick Koch, City Manager FROM: Krista S. Steams, City Attorney\ DATE: September 10, 2009 RE: Homer Electric Easement for State Communications Tower Horner Electric Association (HEA) has requested a 10 -foot utility easement crossing lands near the Beacon Building for the purpose of providing an electric and telecommunications link to the State -owned communications tower in that area. The easement will cross airport lands, but the lands are not part of the airport reserve. Because the grant of an easement is legally a "disposal" of city -owned property, KMC 22.05.010 requires the City Council to declare that the subject lands are not needed for a public purpose. The easement limits installation of electric and telecommunication transmission lines to underground installation with the exception of allowing for two above ground transformer boxes. The easement is non exclusive and should not prevent the City from using the easement for other utilities or purposes. Any disturbance of sidewalks, landscaping and other improvements in the easement area must be repaired or replaced by HEA in the event that it, or any of its contractors, work in the easement area. Accordingly, I am requesting that the Council find that the easement area, all of which is underground with the exception of the narrow use for the transformer boxes, is not needed for a public purpose. Although specific authorization for the City Manager to execute the easement for the City is not specifically required by code, (as opposed to the public purpose finding which is required by code), if Council wishes to make the declaration, it could use language which might read as follows: 1 move that the easement area near the Beacon Building described in the Utility Easement to Homer Electric Association, Inc. is not needed for a public purpose and authorize the City Manager to grant the easement on behalf of the City, UTILITY EASEMENT Grantor, CITY OF KENAI, an Alaskan home rule municipality with an address of 21.0 Fidalgo Avenue, Kenai, AK 99611, for good and valuable consideration of the sum of $10.00 in hand paid, receipt of which is hereby acknowledged, does hereby grant, convey, and warrant to Grantee HOMER ELECTRIC ASSOCIATION, INC., with an address of 280 Airport Way, Kenai, AK 99611, and its successors and assigns, a utility easement to construct, reconstruct, lay, maintain, operate, inspect, alter, repair, upgrade, and replace, as may from time to time be necessary or desirable, electric and telecommunication transmission lines, wires, cables, and other necessary appurtenances for the transmission and distribution of communication services and for the transmission of electric current, under lands which the Grantor owns or in which the Grantor has an interest, and to further construct, reconstruct, maintain, operate, inspect, alter, repair, upgrade and replace two above- ground transformers upon those same lands, all situated within the City of Kenai, Kenai Recording District, Third Judicial District as follows: A strip of land ten (10) feet in width for the purpose of installing underground electrical and telecommunications service situated within TRACT A -1 -B BARON PARK SUBDIVISION FIRE ADDITION according plat number 97 -51 Kenai Recording District situated west '/2, Section 33, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai, and more particularly described; Commencing at the southwest corner said Tract A -1 -B marked by 5/8" diameter rebar with yellow plastic cap found; thence N01 °38'23 "W 569.23 along the west boundary to the northwest corner of said Tract A -1 -B marked by 5/8" diameter rebar with yellow plastic cap found; thence S25 °53'55 "E 364.08 feet across said tract to an existing Horner Electric Association Inc. electrical transformer, the Point of Beginning being easement corner 1; Thence NO1 0 51' 14 "W 79.07 feet cross said tract to easement corner 2; Thence N00°36 `32"W 105.70 feet across said tract to easement corner 3; UTILITY EASEMENT Page 1 -130- Thence NO0 °04'09 "W 87.63 feet across said tract to easement comer 4; Thence N87 °56'28 "W 44.87 feet across tract to easement corner 5, the point of termination of said easement. This easement is shown on the map attached hereto and marked as Exhibit A. If there is any conflict between the above description of the easement and Exhibit A, the above description of the easement shall govern. This easement is given to the Grantee, its successors and assigns, with the right of ingress and egress from the premises and for the purposes granted in this easement. Grantee hereby agrees to repair all damage to lawns, trees, fences, driveways, sidewalks, roads, and any and all other improvements which may exist now or in the future, which damage which may arise from the construction, maintenance, repair, replacement, or operation of any improvements of Grantee. In the event the Grantee must work or excavate in the area of the easement, Grantee, at its own expense, shall promptly upon completion of its work, repair and/or replace the improvements disturbed in a neat, professional manner compatible with the adjacent, undisturbed improvements and similar to the condition of the improvements prior to their disturbance by Grantee. Grantee must provide Grantor ten (10) days' advance written notice of Grantee's intent to enter the easement area unless otherwise agreed by Grantor. Any entity to whom Grantee is legally or contractually obligated to allow the use of Grantee's easements is permitted the right of ingress and egress for Grantee's utility purposes as stated herein, subject to the same notification requirements as Grantor. The Grantor is to fully use and enjoy said premises except for the purposes herein granted to the Grantee. Grantor warrants and covenants that Grantor is the owner of the above described land and that Grantee shall have quiet and peaceful use of the easement subject to the uses and conditions herein. DATED this day of September, 2009. GRANTOR: CITY OF KENAI By: Rick Koch Its: City Manager UTILITY EASEMENT Page 2 -131- STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this J day of September, 2009, RICK ICOCH, KENAI CITY MANAGER, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. ATTEST: Carol L. Freas, City Clerk SEAL: APPROVED AS TO FORM: Krista S. Stearns, City Attorney After Recording Return to: Homer Electric Association, Inc. 280 Airport Way Kenai, AK 9961 I Notary Public for the State of Alaska. My Commission Expires: UTILITY EASEMENT Page 3 -132- LNSUB�iVID N 88'21'31' E 1265.00 TRACT A -1 -A 30.364 Acres mer Lot Lines N 88'21'37" E Exhibit "A" 0� 725.61 z TRACT A -1 -B co cn 10.194 Acres co W 1 525.04 S 88'21'37" W 1330.00 3ASIS OF BEARING (KRD 86-165) z AGIC AVENUE BARON TRACT C 0. S 0 co C.B. N 6504'29" W C 89.44 L 110.71 R 50.00 is J•21'3r 207.08 LEGEND 1 Found 5/8" rebo 0 Set 5/8" rebor u UNSUBGIVIC WSW CCfa9 tapass requin the 6!{ of KENN, ALASKA MEMO: Thank you for your attention in this matter. "Village with a Past, Gc with a Future" msmmwv 'I 1 1 99 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 -283 -3014 TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City Manager DATE: September 9, 2009 SUBJECT: Pandemic FIu Emergency Response Plan The purpose of this correspondence is to submit the attached Pandemic FIu Emergency Response Plan, which has been revised from its original draft form to include corrections made by the Police and Fire Chiefs. Other Cities have adopted similar plans both to have a plan in place in the event of an influenza pandemic as well as be in a position to receive Federal Emergency Management Agency (FEMA) funding if it becomes necessary. KEMALAA City of Kenai Pandemic Flu Emergency Response Plan September 9, 2009 -135- EDIT HISTORY I. Draft 1 released on September 3, 2009 2. Revised with Police and Fire Department Corrections, September 9, 2009 -136- Page 2 Name Organization Contact Rick Koch, City Manager City of Kenai (907) 283 -8222 Ryan Smith, Administrator I Central Peninsula Hospital (907) 714 -4718 Wayne Ogle, Public Works Director City of Kenai (907) 283 -8234 Gus Sandahl, Police Chief City of Kenai (907) 283 -7879 Mike Tilly, Fire Chief City of Kenai (907) 283 -7666 Andie Posey, Chief Nursing Officer Central Peninsula Hospital 1 714 (907) -4720 Lois Johnson, Infection Control Nurse and Employee Health Central Peninsula Hospital (907) 7144774 Sally Walker, Acting Education Director Central Peninsula Hospital (907) 714-4786 Jane Schultz, Coordinator Kenai Peninsula EMS (907) 283 -9322 Scott Walden, Coordinator Kenai Peninsula Borough Office of Emergency Management (907) 262 -4910 Plan Distribution -137- List of Terms and Acronyms ASHNHA Alaska State Hospital and Nursing Home Association CDC Centers for Disease Control DEC Alaska Department of Environmental Conservation DHHS United States Department of Health and Human Services DHSS Department of Health and Social Services (State of Alaska) DPH Division of Public Health (State of Alaska) EMS Emergency medical services EOC Emergency Operations Center IC Incident Command(er) JIC Joint Information Center KPHC -Kenai Public Health Center KPB Kenai Peninsula Borough LEPC Local Emergency Planning Committee LHCP LOCAL HEALTH CARE PROVIDERS Local hospitals, clinics and practitioners MDC Mass Dispensing Clinic NIMS National Incident Management System OEM Office of Emergency Management (Borough) PIO Public Information Officer SECC State Emergency Coordination Center SOA- State of Alaska SNS Strategic National Stockpile TBD To Be Determined WHO World Health Organization -138- Page 4 of 35 I. INTRODUCTION Unlike influenza epidemics, which occur seasonally and result in an average of 36,000 deaths in the U.S. each year, influenza pandemics (global epidemics) occur sporadically, and have the potential to result in hundreds of thousands of deaths nationally over the course of one year. During the 20 century there were three influenza pandemics, the most severe of which occurred in 1918 -19 and caused over 500,000 deaths in the U.S. and more than 50 million deaths worldwide. Influenza pandemics occur when there is a major change in the structure of a strain of influenza virus such that most (or all) of the world's population is susceptible to infection. These major changes emerge by at least two mechanisms: genetic recombination and adaptive mutation. Of the three influenza pandemics in the 20 century, two (1957 and 1968) occurred as a result of major changes in the genetic composition of the virus through the recombination of genetic elements from novel and human influenza strains, and one (1918) occurred as a result of adaptive mutations that allowed the virus to be efficiently transmitted first from birds to humans and then from person -to- person. At some point in the future, the world will be faced with another pandemic caused by a strain of influenza virus that spreads rapidly and causes extraordinarily high rates of illness and death higher, in fact, than virtually any other natural health threat. Because novel influenza viruses have the potential to spread rapidly, high levels of absenteeism in the workforce can quickly jeopardize essential community services, including healthcare services throughout affected regions. Furthermore, it is currently estimated that it will only take one to six months from the time the pandemic is identified to the time that the first outbreak will occur in Alaska, provided the pandemic does not start in Alaska. Because no one can predict exactly when or where the next influenza pandemic will occur, and little time will be available to prepare after the pandemic is first identified, it is critically important for us to promptly maximize our ability to respond effectively to this imminent threat. As Alaskans we understand that we live in a remote portion of the world. As Alaskans living in the Kenai Peninsula of Alaska we understand that we are even more remote. One of Alaska's attractions is the low population density. Due to the remoteness, and relatively small population we are writing this plan with the assumption that we can expect little to no help from the outside world. This plan uses the resources available to us here in South Central Alaska. -139- Page 5of35 Based upon estimates from the State of Alaska Division of Public Health, Alaska might see the following impact based on a 30% attack rate. Based upon estimates from the State of Alaska Division of Public Health, Alaska might see the following impact based on a 50% attack rate. There are several characteristics of influenza pandemic that differentiate it from other public health emergencies. It has the potential to suddenly cause illness in a very large number of people, who could easily overwhelm the health care system throughout the nation. A pandemic outbreak could also jeopardize essential community services by causing high levels of absenteeism in critical positions in every workforce. It is likely that vaccines against the new virus will not be available for six months or longer following the emergence of the virus. -140- Page 6 of 35 State of Alaska (Pop 650,000) Anchorage Area (Pop. 350,000) Kenai Peninsula Borough Smaller Alaskan Community (Pop.5,000) 1,500 (Pop 15,300 Up to 30% of pop. will become ill with flu 195,000 105,000 Up to 15% of pop. will require out patient visits 97,500 52,500 7650 750 Up to 0.3% of pop. will require hospitalization 1 .950 1,050 153 I 5 Up to 0.1% of pop. will die of flu related causes 650 350 51 5 Based upon estimates from the State of Alaska Division of Public Health, Alaska might see the following impact based on a 30% attack rate. Based upon estimates from the State of Alaska Division of Public Health, Alaska might see the following impact based on a 50% attack rate. There are several characteristics of influenza pandemic that differentiate it from other public health emergencies. It has the potential to suddenly cause illness in a very large number of people, who could easily overwhelm the health care system throughout the nation. A pandemic outbreak could also jeopardize essential community services by causing high levels of absenteeism in critical positions in every workforce. It is likely that vaccines against the new virus will not be available for six months or longer following the emergence of the virus. -140- Page 6 of 35 State of Alaska 650,000) Anchorage Area 0..350,000) Kenai Peninsula Borough (Po Smaller Alaskan Community Po ..5,000) Up to 50% of pop. will become ill with flu 325,000 175,000 25,500 2,500 Up to 25% of pop. will require out patient visits 162,500 87,500 12,750 1,250 Upto3 %ofpop. will require hospitalization 19,500 10,500 1,530 150 Up to 2.5% of pop. will die of flu related causes 16,250 8,700 1,275 125 Based upon estimates from the State of Alaska Division of Public Health, Alaska might see the following impact based on a 30% attack rate. Based upon estimates from the State of Alaska Division of Public Health, Alaska might see the following impact based on a 50% attack rate. There are several characteristics of influenza pandemic that differentiate it from other public health emergencies. It has the potential to suddenly cause illness in a very large number of people, who could easily overwhelm the health care system throughout the nation. A pandemic outbreak could also jeopardize essential community services by causing high levels of absenteeism in critical positions in every workforce. It is likely that vaccines against the new virus will not be available for six months or longer following the emergence of the virus. -140- Page 6 of 35 Basic services, such as health care, law enforcement, fire, emergency response, communications, transportation, and utilities, could be disrupted during a pandemic. Pandemics, unlike other emergency events, could last for several weeks, or more likely, several months. Summary of Key Pandemic Preparedness and Response Principles Addressed in this Plan A. Monitor statewide disease surveillance programs and coordinate with state and federal agencies to detect pandemic influenza strains in humans and animals. 1. Global surveillance networks identify circulating influenza strains, including novel strains that have the potential for causing pandemic outbreaks among domestic animals and persons in several countries. 2. State, national and international surveillance efforts and laboratory testing, serves as an early warning system for potential pandemics and a critical component of pandemic response plans. B. Ensure mass vaccination plans and protocols are in place to rapidly administer vaccine and monitor in collaboration with State and Federal agencies vaccine effectiveness and safety. 1. Demand for vaccine may significantly exceed supply during the pandemic, and may not be available at all after the initial outbreak. Therefore, priority groups have been established (See Appendix A), based on national recommendations from the U.S. Department of Health and Human Services (DHHS) and in collaboration with the State Division of Public Health, to provide guidance regarding the use and distribution of vaccine in the Kenai Peninsula Borough (KPB) when supplies become available. During a pandemic, however, the State Division of Public Health will consider national guidelines and local epidemiological data to adjust and finalize priority groups as necessary. 2. As vaccine supplies increase, the City of Kenai will offer assistance to the State Division of Public Health in vaccinating the population in accordance with the Mass Vaccination Plan adopted by the KPB and State of Alaska. 3. Develop Mass Dispensing Plan in cooperation with SOA PHD, Central Peninsula Hospital and other area clinics and health providers. 4. Develop protocols to allow EMS providers to assist with delivery of public health vaccines in certain circumstances such as training drill, mass vaccination clinics and declared public health emergencies. C. Establish guidelines for the utilization of antiviral medications by medical staff for treatment and prevention of influenza. 1. Antiviral medications can both prevent and treat influenza infection. Prophylaxis of individuals would need to continue throughout the period of exposure, possibly weeks to months. Treatment can decrease the severity of illness and resulting complications of infection. For optimal impact, treatment needs to be started as soon as possible, preferably within 48 hours of the onset of illness. 2. The current supply of influenza antiviral medications is extremely limited and production cannot be rapidly expanded. 3. Educating health care workers before and during the pandemic on the appropriate use of antiviral drugs will be important to maximize the effectiveness of antiviral medications. -141- Page. 7 of 35 4. Local protocols for prioritizing the use of antiviral medicines have been developed by the City of Kenai and KPB (See Appendix B) in consultation with the State Division of Public Health, and were based on federal guidelines from the Centers for Disease Control (CDC). D. Develop capabilities to implement non medical measures to decrease the spread of disease throughout the Central Kenai Peninsula Borough as guided by the epidemiology of the pandemic. 1. Emphasizing infection control measures (hand washing, using alcohol hand gel, respiratory etiquette, staying home when sick, and avoiding unnecessary contact with other persons during a pandemic) in health care facilities, including hospitals, out patient care settings and long -term care facilities, as well as workplaces, other community settings and the home can limit the spread of influenza among high -risk populations and health care workers. 2. Voluntary isolation of ill persons at home is an infection control measure that will be implemented throughout all stages of a pandemic. 3. Due to the fact that influenza is highly infectious and can be transmitted by people who appear to be well, voluntary home quarantine of exposed individuals is likely to be a viable strategy for preventing the spread of the disease in the community during the first stages of a pandemic, 4. Social distancing measures such as limiting public gatherings, closing schools, churches, and recreational facilities, and restricting the use of public transportation systems are intended to decrease opportunities for close contact among persons in the commnnity, thereby decreasing the potential for influenza transmission among the population and possibly slowing the spread of a pandemic. Decision makers must consider the scope of their legal authorities, social and economic impacts, anticipated effectiveness and current epidemiology of the pandemic prior to implementing these measures. E. Assist Local Health Care Providers (LHCP), emergency responders, elected leaders, the business community, and community based organizations with pandemic preparedness planning aimed at maintaining the provision of health care services, sustaining essential community services, and limiting the spread of disease throughout the duration of a pandemic. 1. An influenza pandemic will place a substantial burden on inpatient and outpatient health care services. Demands for medical supplies, equipment, and hospital beds may exceed available resources for several weeks or months. 2. Strategies to increase hospital bed availability during a pandemic include deferring elective procedures, implementing more stringent criteria for hospital admission, earlier discharge of patients with follow -up by home health care personnel, and establishing alternate care facilities in nontraditional sites. 3. As demands for health care resources and services increase sharply, illness and absenteeism among health care workers will further strain the ability to provide quality care. 4. Absenteeism during a pandemic among critical infrastructure agencies, businesses, and community based organizations must be accounted for in business continuity plans. F. Communicate with and educate the public, LHCP (Local Hospital, Clinics and Practitioners), local government, community leaders, other Kenai Peninsula communities, and the media about the consequences of influenza pandemic and what each person can do to prepare. 1. Influencing public behavior toward basic infection control measures will be a key factor in limiting the spread of influenza during a pandemic. -142- Communicating clear, concise and accurate information about influenza, the course of the pandemic, and response activities will increase awareness, limit public panic and speculation, and sustain confidence in the public health system. G. Coordinate with Law Enforcement Professionals to ensure security of community. 1. Protecting the peace during civil disturbances that may that may be the result of food shortages, long lines at vaccination clinics, etc... Provide security during the transport of vaccines during shortages. 3. Coordinate efforts with the Alaska State Defense Force II. PURPOSE OF THIS PLAN The Pandemic Influenza Response Plan for the City of Kenai provides guidance to local government officials regarding detection, response and recovery from an influenza pandemic. The Plan describes the unique challenges posed by a pandemic that may necessitate specific leadership decisions, response actions, and communication mechanisms. SpecifrcaIly, the purpose of the plan is to: 1. Define preparedness activities that should be undertaken before a pandemic occurs that will enhance the effectiveness of response measures. 2. Describe the response, coordination and decision making structure that will incorporate the City of Kenai, the health care system within the Kenai Peninsula Borough, other emergency response agencies, and state and federal agencies during a pandemic. 3. Define roles and responsibilities for Kenai. LHCP and emergency response agencies during all phases of a pandemic. 4. Coordinate the dissemination of information and resources with the entire Kenai Peninsula. 5. Describe expectations of the Kenai Public Health Center staff in a pandemic response and the purpose of the local plan. 6. Serve as a guide for LHCP, emergency response agencies and businesses in the development of pandemic influenza response plans. -143- 7. Provide technical support and information on which preparedness and response actions are based. 8. During an influenza pandemic, the City of' Kenai and community leaders will utilize the plan to achieve the following goals: a Limit the number of illnesses and deaths b. Preserve continuity of essential government functions c. Minimize social disruption d. Minimize economic losses Page g of 35 9. The plan will be coordinated with other City of Kenai preparedness plans and activities, and with the plans of community, Borough, State and Federal providers. III. SCOPE OF THE PLAN This Plan is an Annex to the City of Kenai Emergency Operations Plan. This Plan primarily focuses on the roles, responsibilities, and activities of the City of Kenai. However, specific responsibilities for key response providers are included to highlight points of coordination between agencies during a pandemic. It is expected that health care facilities and health care professionals, essential service providers, local government officials, and business leaders will develop and incorporate procedures and protocols addressing influenza preparedness and response activities into their emergency response plans Federal and state departments of agriculture are primarily responsible for surveillance and control of influenza outbreaks in domestic animals, although agricultural control measures interface with public health actions to prevent transmission into humans. This plan primarily addresses planning and response activities related to Human pandemic issues. Bird outbreaks, surveillance and control measures are the primary responsibility of the following agencies: USFW, SOA F &G, USDA. Kenai will collaborate with and support these Federal and State agencies. IV. PLANNING ASSUMPTIONS 1. Influenza pandemic will result in the rapid spread of the infection with outbreaks throughout the world, Communities across the state and the country may be impacted simultaneously. There will be a need for heightened global, national and local surveillance. 3. Novel influenza strains may arrive and cause outbreaks in the Kenai Peninsula Borough prior to the onset of a pandemic, including those that could significantly impact local domestic poultry, wild and exotic birds, and other species. These strains can develop in domestic birds as well. 4. Local communities within the KPB may not be able to rely on timely State or Federal assistance to support local pandemic flu response efforts. 5. Antiviral medications will be in extremely short supply. Local supplies of antiviral medications will be prioritized by the State Division of Public Health. (See Appendix B) 6. A vaccine for the pandemic influenza strain may not be available for an extended period of time following the emergence of a novel virus. a. As vaccine becomes available, it will be in short supply and may require two doses. vaccines will be typically distributed and administered by the State Division of Pubi based on SOA DPH MDC plans. y alth b. Insufficient supplies of vaccines and antiviral medicines will place greater emphasis on social distancing strategies and public education to control the spread of the disease in community. 7. The number of ill people requiring outpatient medical care and hospitalization will likely overwhelm the local health care system. -144- I?a& e Ifs a, Hospitals and clinics will have to modify their operational structure to respond to high patient volumes and maintain functionality of critical systems. b. The local health care system and emergency responders may have to respond to increased demands for service while their workforces experience 25 -35% absenteeism due to illness. c. Demand for inpatient beds and ventilators could increase by 25% or more, and prioritization criteria for access to limited services and resources will be needed. d. There will be tremendous demand for urgent medical care services. e. Infection control measures specific to the management of influenza patients will need to be developed and implemented at health care facilities, outpatient care settings and long -term care facilities. f. Local health care systems will need to develop alternative care sites (designated "flu clinics to relieve demand on hospital emergency rooms and care for persons not ill enough to merit hospitalization but who cannot be cared for at home, g. The number of fatalities experienced during the first few weeks of a pandemic could overwhelm the resources of the State Medical. Examiner's Office, hospital morgues, and funeral homes. h. The demand for home care and social services will increase dramatically. 8. There could be significant disruption of public and privately owned critical infrastructure including; transportation, commerce, utilities, public safety, agriculture and communications. 9. Social distancing strategies aimed at reducing the spread of infection such as closing schools, community centers, and other public gathering points and canceling public events may be implemented during a pandemic. 10. Some persons will be unable or unwilling to comply with isolation directives. For others, social distancing strategies may be less feasible (for example, homeless populations who live in congregate settings). It will be important to develop and disseminate strategies for infection control appropriate for these environments and populations. 11. The general public, LHCP, emergency response agencies, and elected leaders will need continuous updates on the status of the pandemic outbreak, impacts on critical services, the steps the City of Kenai and KPB are taking to address the incident, and steps response providers and the public can take to protect themselves. V. GOVERNMENTAL ROLES A. FEDERAL GOVERNMENTS ROLE An influenza pandemic will represent a national health emergency requiring a coordinated response. As outlined in Homeland Security Presidential Directive 5 (available at: http://www.ferna.govipdf/ree- ii/hspd 5.pdf), the Department of Homeland Security has the primary responsibility for coordinating domestic incident management and will coordinate all non medical support and response actions across all federal departments and agencies. The U.S. Department of Health and Human Services (DHHS) will coordinate the overall public health and medical emergency response efforts across all federal departments -145- of 35 and agencies. Authorities exist under the Public Health Service Act for the DHHS Secretary to declare a public health emergency and to coordinate response functions. In addition, the President can declare an emergency and activate the Federal Response Plan, in accordance with the Stafford Act, under which HHS has lead authority for Emergency Support Function #8 (ESFS). DHHS response activities will be coordinated in the Office of the Assistant Secretary for Public Health Emergency Preparedness in collaboration with the Office of the Assistant Secretary for Public Health and Science and will be directed through the Secretary's Command Center. The Command Center will maintain communication with DHHS agency emergency operations centers and with other Departments. DHRS agencies will coordinate activities in their areas of expertise. Chartered advisory committees will provide recommendations and advice. Expert reviews and guidance also may be obtained from committees established by the National Academy of Sciences, Institute of Medicine or in other forums, B. STATE GOVERNMENTS ROLE 1. States are individually responsible for coordination of the pandemic influenza response within and between their jurisdictions. Specific Alaska Division. of Public Health responsibilities include: a. Identification of public and private sector providers needed for effective planning and response. b. Development of key components of pandemic influenza preparedness plan; surveillance and investigation, distribution of vaccine and antivirals, health care systems including infection control, social distancing, isolation, quarantine, and communications, c. Integration of pandemic influenza planning with other planning activities conducted under CDC, and Health Resources Services Administration. (HRSA) bioterrorism preparedness cooperative agreements with states. d. Coordination to ensure development of local plans as called for by the state plan and to provide resources, such as templates to assist in the planning process. e. Coordination with. the Kenai Peninsula Borough (KPB), City of Kenai and health care facilities in planning pandemic services and activities. f. Coordination with the Department of Environmental Conservation (DEC) for animal health issues related to pandemic influenza. g. Development of data management systems needed to implement components of the plan. h. Assistance to local areas, the Alaska State Hospital and Nursing Home Association (ASHNHA) Preparedness Program, and other organizations in exercising plans. i, Coordination with the adjoining jurisdictions of British Columbia, Yukon Territory, and Washington State. 2. The State Division of Homeland Security and Emergency Management have the following non medical responsibilities: a. Coordinate the states' efforts in all non medical response issues. b. Work with local government funding /planning/recovery -146- 2 of 35 c. Contact point to the State Governor d. Access to SECC in Anchorage e. Liaison to Federal Government C. LOCAL GOVERNMENTS ROLE The Kenai Peninsula Borough and City of Kenai are ultimately responsible for response to disasters within the geographic boundaries of the Borough and City. It is the residents of this Borough and City who are at the greatest risk, and it is those residents who have the greatest interest in its well being. It is recognized that aid will be coming fnum State and Federal agencies. It is also recognized that aid may not arrive in a timely manner. So, it is incumbent to plan and prepare to handle these situations with little or no help from outside agencies. City of Kenai officials will collaborate with Kenai Public Health and other Central Peninsula Agencies to form a Pandemic Flu task force. 1. The City of Kenai may activate th° rm °rgency Operations Center (EOC) to assist with accomplishing tasks outlined in this annex. Pursuant to Presidential Directive #5 NIMS IC5 (National Incident Management System Incident Command System) will be used. 2. Form a unified command with the Central Peninsula Pandemic Flu task force that is comprised of City, Borough, and the State Division of Public Health officials. 3. Facilitate the planning activities being accomplished at all levels of the City. This includes governmental and non governmental agencies, LHCP, critical infrastructure, private business, and private citizens, 4. Coordinate and collaborate with the Central Peninsula Pandemic Flu task force to educate the citizens of the City of Kenai and the community members of the KPB to the Pandemic Flu Plan and assist them in developing their own plans. 5. Help gather infonnation from State and Federal agencies that are conducting surveillance activities within Alaska to use when making decisions regarding pandemic flu. 6. Monitor progression of pandemics and potential pandemics wherever they may be occurring. 7. Refer Kenai residents to the designated Public Information Officer (P10) 8 Help coordinate social distancing procedures as they become necessary. 9. Provide logistical support to the LHCP to assist them in meeting their goals. 10. Help coordinate with the Central Peninsula Pandemic Flu task force to ensure equitable delivery of medications, vaccine, resources, personnel and other health services. -147- Pag e VI. PHASES OF A PANDEMIC The World Health Organization (WHO) has developed a global influenza preparedness plan that includes a classification system for guiding planning and response activities for an influenza. pandemic. This classification system is comprised of six phases of increasing public health risk associated with the emergence and spread of a new influenza virus subtype that may lead to a pandemic. The Director General of WHO formally declares the current global pandemic phase and adjusts the phase level to correspond with pandemic conditions around the world. For each phase, the global influenza preparedness plan identifies response measures WHO will take, and recommends actions that countries around the world should implement. demic Period Wort Phase of Pandemic Pandemic Alert Period New Virus causes human cases d- o be siun VII. CONCEPT OF OPERATIONS A. Overview Evidence of increased human to human transmission No or very limited human to human transmission In accordance with the U.S. Department of Health and Human Services Pandemic Influenza Strategic Plan, DHHS will determine and communicate the pandemic phase level for the U.S. based on the global pandemic phase and the extent of disease spread throughout the country. 1. KPB and its entities, and City of Kenai will help coordinate the local health and medical response to a pandemic with State, Federal, and local agencies and officials. 2. The City of Kenai will respond under the auspices of the City of Kenai Emergency Operations Plan and this annex. -148- B. Direction and Control 1. The SOA DPH response will be managed per the guidance and protocols included in the State PanFlu Plan in coordination with this Plan and the City of Kenai Emergency Operations Plan. 2. The City of Kenai and all response providers will operate under the NIMS Incident Command System throughout the duration of the pandemic response. 3. The City of Kenai may activate their Emergency Operations Center to coordinate and monitor the borough -wide public health and medical response during a pandemic. 4. During Pandemic Phases 1, 2 and 3, where the City of Kenai and the Kenai Peninsula Borough are not directly affected, Kenai will participate in health system preparedness efforts and assist with education efforts in conjunction with the State of Alaska Division of Public Health for pandemic response. 5. During Pandemic Phases 4, 5 and 6, the City of Kenai will communicate with LHCP to coordinate management of health care system resources and information. 6. Kenai, KPB, and the State Division of Public Health will assess the viability of social distancing measures and establish criteria for their implementation. C. Communications The Central Peninsula Pandemic Flu task force will designate a. Public Information Officer (PIO) who will serve as the lead person in risk messaging and public education regarding pandemic influenza. The City of Kenai will refer its residents to the P10, who is receiving input from City and Borough officials, as well as medical professionals. All LHCP, State, Federal, and Borough agencies PIO's will coordinate information dissemination through the Joint Information Center (JIC). Communications with the public and LHCP will be a critical component of the pandemic response, including managing the utilization of health care services. D. Mitigation Mitigation activities are taken in advance of an influenza pandemic to prevent or temper its impact. Mitigation efforts should occur primarily during pand&utic phases 1 -3. Kenai's pre -event mitigation activities include: I. Workshops /public meetings to discuss current issues. 2. Contribute to press releases to local media outlets as new information become available. 3. Continued planning and exercising. 4. Assist LFICP with their preparations. E. Surveillance Surveillance is to be conducted across the State of Alaska by State and Federal agencies. A designated City of Kenai official will remain in close communication with these agencies and use relevant surveillance information while planning for a response to a potential pandemic. -149- Page 15 of F. Public Education Public education through all phases of a pandemic may involve any or all of the following elements: 1. Dissemination of printed and web -based information. 2. Frequent use of radio, television and print media. 3. Coordination with other health care providers and caregivers to ensure consistent messaging. 4. Implementation of public information call center. G. Vaccine and Antiviral Medications The City of Kenai will work with the State of Alaska Department of Public Heaith.'s Mass Vaccination Plan and the State's Strategic National Stockpile distribution plan to get the necessary vaccines and antiviral medications to the residents. H. Isolation and Quarantine During all phases of a pandemic, persons exposed to, or ill with., a novel influenza virus will be directed to remain in isolation at home, to the extent possible. Hospitals should implement isolation protocols for all patients suspected of being infected with pandemic influenza based on case definitions obtained from State of Alaska (SOA DPI-I Section of Epidemiology. Alternate care facilities will be identified and activated to serve as alternate medical treatment facilities to hospitals. Once person -to- person transmission is established locally, quarantine of individuals exposed to influenza cases will be of limited value in preventing further spread of the disease. Quarantine of contacts of influenza cases may be beneficial during the earliest phases of a pandemic, and in response to an influenza virus that has not achieved the ability to spread easily from person to person. I. Social Distancing Strategies 1. Social distancing strategies are non medical measures intended to reduce the spread of disease from person to person by discouraging or preventing people from coming in close contact with each other. These strategies could include: a. Closing public and private schools, colleges and universities. b. Closing non essential government functions. c. Implementing emergency staffing plans for the public and private sector including increasing telecommuting and flex scheduling. d. Closing public gathering places including stadiums, theaters, churches, community centers and other facilities. 2. Decisions regarding the implementation of social distancing measures including suspending large public gatherings and closing stadiums, theaters, churches, community centers, and other facilities where large numbers of people gather will be made jointly and concurrently by the State Public -150- Health Officer, and the Kenai Peninsula Borough Mayor and coordinated with the Mayor of the City of Kenai. 3. Decisions reg arding the closing of all public schools will be made by the KPB Superintendent of Schools. 4. Decisions regarding the closing of private schools, community colleges in the Kenai Peninsula Borough will he made by the State Public Health Officer and KPB Mayor after consultation with local chancellors or other school officials as appropriate. VIII. MITIGATION AND PLANNING RESPONSIBILITIES A. Borough Residents 1. Stay well informed of eurrent world events concerning pandemics 2. help prevent the spread of disease: a. Practice good hygiene, wash hands frequently (Teach your children good hygiene) b. Practice proper respiratory etiquette. Cover mouth and nose when coughing or sneezing, preferably with a handkerchief. c. If you are sick, stay at home. Don't share your illness with co- workers and the general public. d. Fat healthy, drink plenty of water, exercise and get plenty of rest. If you live a healthy life -style you will be less likely to get sick. If you do get sick your body will be stronger and better able to recover. 3. Maintain an emergency cache of supplies that would be necessary to sustain you and your family for up to two weeks. See Appendix F for a checklist designed to help you be prepared for almost any disaster. 4. Discuss your workplace pandemic preparedness plan with your employer. Find out what your role is and be prepared to perform it. B. Business Community 1. Stay well informed of current world events concerning pandemics. 2. Develop a plan under which your business can operate /survive a 35% reduction in workforce. This plan should include: a. provisions to assist employees with their individual plans b. a liberal sick leave policy for pandemic events c. differential scheduling to reduce the amount of employees that come into contact with each other d. considerations for telecommuting where possible e. considerations for helping your customers with pandemic issues f. considerations for helping your vendors /suppliers with pandemic issues g. considerations for significant reductions in business potential during pandemic flu and those economic impacts our your business viability -151- Page 17 of 35 3. Work with local Civic Groups and Chambers of Commerce while developing your plan. 4. Further information and a checklist of activities can be found at www.pandemicf..u.aov C. All Federal, State, Local Agencies and LHCP 1. Identify mission critical functions that must be maintained during all hazards including a pandemic. 2. Identify staff that can be cross trained to perform emergency response functions. 3. Identify functions that could be temporarily discontinued or performed via telecommuting for several weeks. D. City of Kenai City officials will participate with the Central Peninsula Pandemic Flu task force to administer the following: 1. Facilitate pandemic planning and response activities with emergency response agencies, 911 dispatch centers, Central Peninsula Hospital, Kenai Public Health Center, and other health care facilities /clinics. 2. Coordinate planning and response activities with the various stakeholders within the Greater Kenai Community including: Kenai Public Health Center, Central Peninsula Hospital and other LHCPs. 3. Collaborate with KPHC regarding the potential social and economic impacts of social distancing measures, and the extent to which implementation of such measures are feasible. 4. Coordinate, in conjunction with the State of Alaska Division of Public Health, city -wide pandemic planning, education and outreach efforts with: a school systems b. business community c. community based organizations 5. Coordinate, with State Division of Public Health and Kenai Peninsula Borough planning for and implementation of disease containment strategies and authorities. 6. Support the LHCP planning and response efforts for medical surge capacity including mass casualty and mass fatality incidents. 7. Help facilitate effective communications to the public, the media, elected officials, LHCP, religious -based organizations, business and community leaders throughout public health emergencies. 8. Help coordinate with the State of Alaska and Kenai Peninsula Borough for the storage and disposition of the deceased during a pandemic when traditional methods are overwhelmed. a. Refer citizens to a Central Peninsula designated PIO -152- E. Local Health Care Providers (LHCP) 1. The LHCP will work in conjunction with the Borough and City to maximize the healthcare system's ability to provide medical care during a pandemic. Specific steps include: a. Hospitals and healthcare organizations will develop pandemic influenza response plans b. Identify and prioritize response issues affecting the borough -wide LHCP during a pandemic. c. Develop mechanisms to efficiently share information and resources between LHCP, and to communicate with the Emergency Operations Center, as appropriate. 2. Hospitals and other healthcare facilities will develop pandemic response plans consistent with the health care planning guidance contained in the U.S Department of Health and Human Services Pandemic Influenza Plan. Healthcare facility pandemic response plans will address medical surge capacity to sustain health care delivery capabilities when routine systems are overwhelmed. 3. LHCP should participate in local influenza surveillance activities. 4. Hospitals will develop infection control plans to triage and isolate infectious patients and protect staff from disease transmission. F. American Red Cross 1. Assist with pre response and mitigation planning efforts. G. School District 1. Monitor school absenteeism and report levels approaching over 7.5% to the KPB Office of Emergency Management and to the SOA Section of Epidemiology. 2. Educate parents and guardians on the importance of having sick children stay at home. 3. Maintain a Pandemic Flu Plan for the School District. Provide training to faculty and staff on this plan. H. Law Enforcement 1. Assist with pre- response planning efforts. 2. Provide security, as needed to protect strategic stockpiles of vaccines and medications at various storage and dispensing sites in the City. 3. Assist with maintaining order and compliance with legally issued orders of quarantine, closures or other social distancing measures deemed necessary for public health and safety. I. Local Emergency Planning Committee (LEPC) 1. Assist in development of Pandemic FIu Response Plan. 2. Develop and conduct exercises to test this plan. -153- Page 19 of 35 3. Perform other duties as requested by the IC. J. State Division of Public Health 1. Participate in planning activities focused to develop capacity for community -based influenza evaluation and treatment clinics. Plan coordination between communities and hospitals to develop Alternate Care site plans. 2. Develop infection control plans with technical assistance from the Center for Disease Control (CDC), to protect staff and clients. 3. Educate health care providers about influenza pandemics and involve them in community pandemic response planning through the local health care facilities. 4. Communicate and coordinate directly with Kenai's Public Safety Departments or, if activated through the EOC, regarding pandemic preparedness and response activities. 5. Coordinate statewide pandemic planning and preparedness efforts. 6, Coordinate statewide surveillance activities. 7. Operate a CDC Laboratory Response Network public health reference laboratory for novel influenza virus testing. K. State Division of Homeland Security and Emergency Management Through the State Emergency Coordination Center (SECC) provide response guidance and technical resources for planning and exercise coordination. L. State Medical Examiner's Office 1. Lead mass fatality planning efforts. 2. Incorporate funeral home directors into plamun efforts for pandemic response. M. United States Department of Health and Human Services 1. Provide overall guidance on pandemic influenza planning within the United States. 2. Provide guidance and tools to promote pandemic preparedness planning and coordination for states and local jurisdictions. 3. Provide guidance to state and local health departments regarding prioritization of limited supplies of antiviral medications and vaccines. 4. Determine and communicate the pandemic phase for the U.S. based on the global pandemic phase (established by WHO) and the extent of disease spread throughout the country. -154- A. Residents N. United States Center for Disease Control and Prevention (CDC) 1. Conduct national and international disease surveillance. Carry out statewide surveillance, epidemiological investigation and disease control activities. 3. Develop reference strains for vaccines and conduct research to understand transmission and pathogenicity of viruses with pandemic potential. 4. Develop, evaluate, and modify disease control and prevention strategies. 5. Support vaccination programs. 6. Monitor the nation -wide impact of a pandemic. 7. Coordinate the stockpiling of antiviral drugs and other essential materials within the Strategic National Stockpile (SNS). O. World Health Organization 1. Monitor global pandemic conditions and provide information updates. 2. Facilitate enhanced global pandemic preparedness, surveillance, vaccine development, and health response. 3. Declare global pandemic phase and adjust phases based on current outbreak conditions. IX. RESPONSE RESPONSIBILITIES 1. Stay well informed of current world events concerning pandemics. 2. Monitor the appropriate KPB OEM or Kenai website, local radio and television for important local news regarding pandemic response. 3. Maintain an emergency cache of supplies that would be necessary to sustain you and your family for up to two weeks. See Appendix F for a checklist designed to help you be prepared for almost any disaster. 4. If you have children Stay in contact with your children's schools. Be prepared to either care for or have alternate care for your children during the day should the schools be closed. If your child is sick, keep him/her at home. Educate yourself on mental health care for your children during an event. 5. Follow the directives issued by the State Division of Public Health, KPB and City of Kenai. Follow recommended social distancing measures as closely as possible. 6. If you have pets, plan for their care and feeding if you were to become incapacitated for any length of time. -155- Page 21 of 35 13. Community 1. Stay well informed of current world events concerning pandemics. 2. As needed follow your pandemic response plan to keep your business going. 3. Monitor local radio and television for important local news regarding pandemic response. 4, Follow directives issued by the Director of Emergency Services, KPB Office of Emergency Management and the State Division of Public Health. Follow recommended social distancing measures as closely as possible. C. All Federal, State, Local Agencies and LHCP 1. Mobilize all necessary staff to support the Kenai pandemic influenza response, as directed by the Incident Commander (IC). 2. Maintain or become proficient in the National Incident Management System and Incident Command System courses; IS700 and ICS100 minimum for all potential responders. D. Kenai Peninsula Borough City of Kenai 1. Help coordinate response to a flu pandemic with the State Emergency Coordination Center (SECC), and the State Division of Homeland Security and Emergency Management. 2. Help coordinate activation and management of the KPB and Kenai Emergency Operations Center(s) as necessary. 3. Provide input to the local State Public Health Officer regarding the potential social and economic impacts of social distancing measures, and the extent to which implementation of such measures is feasible. 4. During a pandemic, KPB/City of Kenai may suspend routine operations to provide staff for flu clinics, call centers, or to fulfill other duties as necessary. 5. The Borough/City will work in conjunction with the LHCP to maximize the health care system's ability to provide medical care during a pandemic. 6. Coordinate the community's emergency response through the ICPB and Kenai Emergency Operations Plan. 7. Help coordinate with the State Division. of Public Health planning for and implementation of disease containment strategies and authorities. 8. Support the LHCP planning and response efforts for medical surge capacity including mass casualty and mass fatality incidents. 9. Help provide effective communications to the public, the media, elected officials, LHCP, religious based organizations, business and community leaders throughout public health emergencies. -156- 2 of 3a 10. Public Information Officer (PIO) Will be assigned by Incident Commander of the Central Peninsula Pandemic Flu task force. a. Provide accurate, timely information to the public regarding preparations for a. pandemic, the impacts of the outbreak, local response actions and disease control recommendations. b. During pandemic establish a Joint Information Center (JIC) to ensure the public is getting the most accurate and current information possible. c. Activate and direct the management of public information call centers focused on providing health information to the public. d. Communications during Pandemic Phases 1, 2, 3; a) The PIO will: Assess the information needs of health care providers. Assess the information needs of the general public. Identify any logistical constraints to effective communications, such as communications staffing and equipment needs, and public information call center staffing and capacity. Intensify public education efforts about influenza pandemics, animal influenza and steps that can be taken to reduce exposure to infection. Information may be disseminated via web site postings, newspaper editorials, flyers and billboards, television and radio broadcasts. Coordinate with CDC, and State Division of Public Health to develop common health messages and education materials, b) The PIO will work with the local State Public Health Department PIO and other appropriate agencies to develop a communications strategy for vulnerable populations including' identifying appropriate community providers for reaching and educating diverse communities such as limited English speaking and homeless citizens. e. Communications during Phases 4, 5, 6; a) Public Information Officer (PIO) will evaluate the need to establish. a Joint Information Center (.RC) in conjunction with appropriate health system and response providers. A JIC will be activated when Incident Command (IC) deems it necessary based on specific characteristics of the pandemic. b) The IC will evaluate the need to establish a public information call center to respond to public inquiries. c) The PIO will work with the LHCP and the State Division of Public Health to develop public information messages related to the utilization of the health care system and other resources (call centers, etc). -157- Page 23 of 35 d) As the pandemic expands, the PIO will provide timely updates on the pandemic and will organize regular media briefings. e) The PIO will keep the public info cued about steps that should be taken to protect against infection, treatment options for individuals who are infected, the status of the spread of the outbreak in the community, and the disease control and containment strategies that are being implemented. E. Local Health Care Providers (LHCP) 1. The LHCP will work in conjunction with the Borough and City to maximize the health care system's ability to provide medical care during a pandemic. Specific steps include: a, Coordinate with the local State Public Health Officer regarding policy level decisions regarding the operations of the local health system. b. Assure that relevant communications from LHCP and the KPHC to the Borough and City are accomplished in a timely manner, 2. During a pandemic impacting Kenai, all efforts will be employed to sustain the functionality of the health care system while maintaining an acceptable level of medical care. In order to accomplish this, LHCP may need to: a. Limit the provision of health care services to patients with urgent, health problems requiring immediate hospitalization. b, Take steps to increase hospital bed capacity to care for the extreme numbers of influenza patients. c. Mobilize and deploy staff between medical institutions to address critical, staffing issues. d. Implement pandemic specific patient triage and management procedures. 3. During a pandemic, alternate care facilities will be identified and activated to serve as alternate medical treatment facilities to hospitals. a) These facilities will add to the existing bed capacity in the borough and provide supporrive care to influenza patients, or will serve as flu clinics to relieve the burden on hospital emergency departments. b) Locating, staffing and supplying these sites will be accomplished through a coordinated effort between Borough, City, and LHCP and the State of Alaska Division of Public Health. c) Available sites that could be used are to be identified. F. American Red Cross 1. Supply cots and bedding as available and needed for Alternate Treatment Sites. 2. Coordinate, recruit and support volunteers for use throughout the Borough -158- Page 24 of 3. Perform other duties as requested by the IC. G. School District 1. Assist in making the detennination on when to close the schools. 2. Reassign staff as needed and requested by the EOC. H. Law Enforcement 1. Assist with crowd and traffic control at flu treatment centers. 2. Perform other law enforcement activities as requested by the IC. 3. Provide additional staff as available and requested by the EOC. I. Amateur Radio Group 1. Assist with communications network to connect all parties to this response. 4. Perform other duties as requested by the IC. J. State Division of Public Health (SOA DPH) 1. Provide/designate a local PHN liaison. 2. Lead and coordinate all mass dispensing clinic response activities, 3, Communicate and coordinate directly with the Borough and City, and if activated, through the EOC, regarding pandemic preparedness and response activities. 4. Coordinate directly with LHCP and make decisions regarding strategies, thresholds and methods for reallocating resources and temporary restructuring of health system operations in response to a pandemic. 5. Communicate public health directives regarding social distancing strategies and other protective actions to elected leaders, the business community, schools, the LHCP through the EOC. 6. Coordinate statewide surveillance activities. 7. Operate a CDC Laboratory Response Network public health reference laboratory for novel influenza virus testing. 8. Coordinate submission of pandemic epidemiological and dissemination of statewide data and situation updates to LHCP and the EOC. 9. Coordinate development and implementation of disease containment strategies across multiple borough and regions within the state. -159- Page 25 of 35 10. Request federal assistance to support the local health and medical response, including antiviral medicines and vaccines from the Strategic National Stockpile (SNS), when local and state resources are exceeded. 11. Through the JIC, educate and info uu the public on the course of the pandemic and preventive measures. IC State Division of Homeland Security and Emergency Management 1. Through the State Emergency Coordination Center (SECC) provide response guidance and technical resources for response to a pandemic situation in the Borough. 2. Provide access to the Governor of the State of Alaska. 3. When appropriate, request assistance from the federal government. 4. PTOVIde through state and federal grants. L. State Medical Examiner's Office 1. Lead mass fatality planning and response efforts. 2. Coordinate with and support hospitals regarding mass fatalities planning and response. M. United States Department of Health and Human Services 1. Coordinate the national response to an influenza pandemic. 2. Determine and communicate the pandemic phase for the U.S. based on the global pandemic phase (established by WHO) and the extent of disease spread throughout the country. N. United States Center for Disease Control and Prevention (CDC) 1. Conduct national and international disease surveillance. 2. Cany out state -wide surveillance, epidemiological investigation and disease control activities in coordination with SOA DPH. 3. Provide infonnation and technical support on surveillance, epidemiology and clinical issues, including case identification, laboratory testing, management, and infection control to LHCP and facilities and the KPB Office of Emergency Management. 4. Make recommendations regarding the need for individual and group isolation and quarantine. 5. Work with the PIO to develop and disseminate risk communications messages to the public. 6. Provide recommendations to the local State Public Health Officer regarding measures to sustain the functionality of the local health care system. 7. Coordinate receipt of vaccines in conjunction with the State Public Health Officer, and develop strategies for storage, distribution and allocation of vaccines among LHCP. -160- 26 of 8. Serve as a liaison to the WHO. 9, Support vaccination programs and monitor vaccine safety. 10. Investigate pandemic outbreaks and define the epidemiology of the disease. 11. Monitor the nation -wide impact of a pandemic. 12. Coordinate the stockpiling of antiviral drugs and other essential materials within the Strategic National Stockpile (SNS). 13. Coordinate the implementation of international and U.S. travel restrictions. O. World Health Organization Monitor global pandemic conditions and provide information updates. Facilitate enhanced global pandemic preparedness, surveillance, vaccine development, and health response. Declare global pandemic phase and adjust phases based on current outbreak conditions. X. MAINTENANCE OF ESSENTIAL SERVICES A. One of the critical needs during a tlu pandemic will be to maintain essential community services. XI. RECOVERY 1. With the possibility that 25 -35% of the workforce could be absent due to illness, it may be difficult to maintain adequate staffing for certain critical functions. 2. There is the possibility that services could be disrupted if significant numbers of public health, law enforcement, fire and emergency response, medical care, transportation, conununieations, and public utility personnel are unable to carry out critical functions due to illness. B. Government agencies and private businesses, particularly those that provide essential services to the public, must develop and maintain continuity of operations plans and protocols that address the unique consequences of a pandemic. C. The Director of Emergency Services in conjunction with the City Manager's office will lead continuity of government efforts as referenced in the Emergency Operations Plan. D. The Director of Emergency Services will participate in and support logistical and non medical infrastructure planning with hospital facilities. 1. Recovery from an influenza pandemic will begin when it is determined that adequate supplies, resources and response system capacity exists to manage ongoing activities without continued assistance from pandemic response systems. -161- Page 27 of 35 9 In consultation with the KPB, City of Kenai, healthcare facilities, and tribal entities, SOA DPH will recommend specific actions to be taken to return the health care system and government functions to pre-event status. 3 KPB OEM will assess the impact of the pandemic on the community's health as measured by morbidity and mortality and report findings to all response providers. 4. KPB OEM will assist health care and business community members in assessing the economic impact of the pandemic. 5. The City of Kenai and KPB OEM will conduct an after- action evaluation of the pandemic response in collaboration with State, Federal agencies and LHCPs. The evaluation will include recommendations for amendments to the Pandemic Influenza Response Annex. 6. The City and Borough Administration will determine what the economic impact to the community has been. -162- Page 28 of 35 Tier 1 Sub -tier A Sub -ti erB Sub -tier C Description Health care workers (HCW's) providing direct patient care Essential healthcare support personnel Vaccinators Public Safety workers including EMS, police, fire, 911 dispatchers Other Public health emergency responders All family members of Sub tier A Critical transportation workers (air taxi pilots, etc.) High -risk patients 65 years old or older with one high risk condition Patients 6 months to 64 years old with two high risk conditions Patients 6 months or olders hospitalized in the past year for influenza, pneumonia, or a high -risk condition Utility workers essential for maintenance of power, water, and sewage system Key government leaders All EOC personnel Mental Health Care Providers Pregnant women Household contacts of people who are severely immunecompromised Household contacts of children less than 6 months old Transportation workers transporting fuel, water, food and medical supplies as well as public ground transportation Tota Number TBD TBD TBD Tier 2 Sub -tier A Sub -tier 13 Description 9 All healthy people 65 years old and older People 6 months to 64 years old with one high. risk condition Healthy children 6 to 23 months old Correctional facility staff Telecommunications workers for essential network operations and maintenance Total Number TBD TBD Appendix A Priority Groups for Influenza Vaccination during a Pandemic This appendix is based on State Recommendations. Vaccinations will be administered in sequential order. Tier 1 will receive vaccinations first until the entire Tier has been completed, followed by Tier 2, 3, and 4. Within each Tier, individuals in Sub tier A will be vaccinated first until completed, then Sub -tiers B, C, and D. -163- Tier 3 Sub -tier tt< Description Key government health decision- inakers Si. Funeral home directors and embalmers Total Number TBD Tier 4 Sub -tier A Description Healthy people 2 to 64 years old not included in the categories above Total Number TBD Appendix A (continued) Priority Groups for Influenza Vaccination during a Pandemic -164- Page 30 of 35 APPENDIX B Priority Groups for Receiving Antiviral Medications during a Pandemic This appendix is based on State Recommendations. If antiviral supplies are limited, treatment and prophylaxis during a pandemic will be prioritized as follows: 1. Treat patients hospitalized with influenza Note: Antiviral Medications are most effective either before or within 24 48 hours of onset of symptoms of influenza, Depending on quantities of antiviral medications rationing based on onset of symptoms may be necessary. After 48 hours the effectiveness of antiviral medications is greatly reduced. 2. Treat health care workers with direct patient contact and Emergency Medical System workers. 3. Treat highest risk outpatients disease based on medical determination i.e. irnmunocompromised patients and pregnant women. 4. Treat pandemic health responders, public safety, key government decision makers and critical transportation workers. 5. Treat increased risk populations young children 12 23 months old, people over 65, and people with underlying medical conditions. 7. Provide post exposure prophylaxis in certain environments (e.g., nursing homes and other residential settings). 8. Provide prophylaxis for Emergency Medical System and health care workers and in emergency rooms, Intensive Care Units, and dialysis centers. 9. Treat critical infrastructure responders and health care workers without direct patient contact. 10. Treat other outpatients not included in categories above. 11. Provide prophylaxis to highest risk outpatients (immunocompromised and pregnant women). 12. Provide prophylaxis for other health care workers with direct patient contact. Based on guidelines included in the Department of Health and Human Services Pandemic Influenza Plan, 2005 -165- Page 31 of 35 OPERATIONAL CHECKLIST Pandemic Influenza Response Plan p Monitor virologic surveillance Bri ef City Administration as needed Interpandemic Pandemic Alert Periods Pandemic 3 Alert 4 Periods PAeas,y Pandemic period �ftase Monitor influenza activity statewide Brief City Administration as needed Educate the public concerning influenza pandemics and prevention measures (hi conjunction with State Division of Public Health) Develop and update web page containing most current information available Educate the public concerning social distancing measures and voluntary isolation (In conjunction with State Division of Public Health) Educate public concerning priority groups for vaccines and prophylaxis. Provide information to the general public to assist them in developing individual plans for their families. (In conjunction with State Division of Public Health) Work with business community assisting them to develop specific plans for their business. (In conjunction with State Division of Public Health) Edu ^ate public concerning travel to countries impacted by influenza (In con with CDC as necessar. Coordinate mitigation and response planning efforts with KPB School District Conduct training and pandemic flu response evaluated drills with LHCP, the military, KPB School District, and emergency response agencies. Activate and manage the Kenai Emergency Operations Center Coordinate response efforts with State Emergency Coordination Center and the State Division of Homeland. Security and Emergency Management Assess public information needs and provide to the _public regarding Kenai preparations and response Coordinate with State Division of Public Health and CDC to develop common health messages Review Continuity of Government section of the Kenai Emergency Operations Plan and take appropriate actions. Upon request from SPH open alternate treatment facility Evaluate need for JIC based on specific characteristics of the pandemic Establish a public information call center APPENDIX C Pandemic Response Checklist -166- OPERATIONAL CHECKLIST Pandemic Influenza Response Plan Consider activating Community Wide Notification. System to disseminate any critical information. Interpandemic Pandemic Alert Periods Pandemic Pha se 3 Alert Phase 4 Periods hnar Pandemic Period 3'haa Consider suspending routine borough activities and reassi• .ersonnel Implement Social Distancing Measures as needed Consider closing Schools Review priority groups for mass vaccination and .ro.h taxis clinics Assist in the preparation of mass vaccination .ro.hylaxis clinics Establish mass vaccination prophylaxis clinics as medicat become available Assist the State Division of Public Health with the activation of the Strategic National Stockpile (SNS) as outlined in the Kenai EOP. APPENDIX C (continued) Pandemic Response Checklist Currently being accomplished Consider implementing -167- Page 33 of 35 APPENDIX D Recommended Protective Measures to Reduce the Spread of Pandemic Influenza Consider implementing otect ve measures Implement protective me -168- 4o Phase of Pandemic 3 4 Protective Measures Public Information and education campaign Individual isolation of influenza cases Quarantine close contacts of influenza cases Recommend the public defer travel to countries impacted by pandemic Close al l. public and private schools, colleges and universities I i r Encourage public and private sector to implement pandemic emergency staffing plans Suspend government £auction not dedicated to pandemic response or critical continuity Suspend large gatherings (sports events, concerts) Close churches, theaters and other places where crowds gather Encourage use of public transit only for essential travel APPENDIX D Recommended Protective Measures to Reduce the Spread of Pandemic Influenza Consider implementing otect ve measures Implement protective me -168- 4o APPENDIX F PANDEMIC FLU PLANNING CHECKLIST OF INDIVIDUALS FAMILIES 1. To plan for a pandemic: o Store a two week supply of water and food. During a pandemic, if you cannot get to a store, or if stores are out of supplies, it will be important for you to have extra supplies on hand. This can be useful in other types of emergencies, such as power outages and disasters. o Ask your doctor and insurance company if you can get an extra supply of your regular prescription drugs. o Have nonprescription drugs and other health supplies on hand, including pair relievers, stomach remedies, cough and cold medicines, fluids with electrolytes, and vitamins. o Talk with family members and loved ones about how they would be cared for if they got sick, or what will be needed to care for them in your home. o Volunteer with local groups to prepare and assist with emergency response. o Get involved in your community as it works to prepare for an influenza pandemic. 2. To limit the spread of germs and prevent infection: o Teach your children to wash hands frequently with soap and water, and model the correct behavior. o Teach your children to cover coughs and sneezes with tissues or handkerchief, and be sure to model that behavior. o Teach your children to stay away from others as much as possible if they are sick. Stay home from work or school if sick. 3. Items to have on hand for an extended stay at home: Examples of food and non- perishables Ready -to -eat canned meats, fish, fruits, vegetables, beans, and soups Protein or fruit bars Dry cereal or granola Peanut butter or nuts Dried fruit Crackers Canned juices Bottled water Canned or jarred baby food and formula Pet food Other non perishable foods Examples of medical, health, -169- and emergency supplies Prescribed medical supplies such as glucose and blood pressure equipment Soap and water, or alcohol based hand wash Medicines for fever, such as acetaminophen or ibuprofen Thermometer Anti diarrhea medication Vitamins Fluid with electrolytes Cleansing agent /soap Flashlight and spare batteries Portable radio Manual can opener Garbage bags Toiletries Page 35of35 THIRTY -DAY END DATE Saturday, October 10, 2009 (move to Monday, October 12, 2009) COUNCIL MEETING DATE (within 30 -day requirement) Wednesday, October 7, 2009 SIXTY -DAY END DATE Monday, November 9, 2009 October /November Council Meeting Dates October 7, October 21 and November 4, 2009 TO: Valaye with a Past, Cc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us the uyof MEMORANDUM K NAL ALASKA FROM: clf Mayor and Council Members Carol L. Freas, i Clerk City of Kenai KMC 14.20.290(b)(1), "Appeals Board of Adjustment" provides, DATE: September 10, '009 RE. Appeal Of Planning Zoning Commission Denial of PZ09 -47, an Application for a Conditional Use Permit for a Daycare/Preschool for the Property Known as Lot 7, BIock 3, VIP Country Estates Subdivision, Lots lb-10b VIP Park Estates Subdivision, Portions of Blocks 1 and 3 (2910 Pirate Lane). Application submitted by Linda Campanella, Lil' Britches Daycare/Preschool, 2730 VIP Drive, Kenai, Alaska A letter of appeal was received on Thursday, September 10, 2009 for the above- referenced matter. (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1) -(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least fifteen (15) days prior to the hearing Notices to the appellant and /or applicant for the action or determination must be sent by certified mail, return receipt requested. Please set a Board of Adjustment hearing for the above referenced matter using the following information Note: There were comments from council after the last more controversial hearings that future hearings of more controversial nature should be held separate from council meeting dates. Due to the 15 -day notice requirement, the only other suggested dates within the 30 -day period would be October 5, 2009 or October 6, 2009 (election day), -170- Sunday Monday Tuesday Wednesday T Friday Saturday 1 2 3 4 5 Library CITY COUNCIL Commission, 7p, Council MEETING, 7p, Council Chambers Chambers ©0 7 8 9 10 11 12 (Harbor Beautification PLANNING Airport Commission moved to 8114(0(1) Committee, 7p, Council Chambers ZONING COMMISSION, 7p, Council Commission 7p, Council Chambers Chambers HOLIDAY /CITY Council on OFFICES Aging, 7p, CLOSED Senior Center 13 14 15 16 17 18 19 Harbor CITY COUNCIL Advisory Commission, MEETING, 7p, Cemetery 7p, Council Chambers Council Chambers Committee, 7 Council (moved from Chambers 917108) 20 21 22 23 24 25 26 PLANNING ZONING COMMISSION, 7p Council Chambers 27 28 29 30 Au 0cl2009 S'M W T F S 5 M T W T r.:S 1 I 2 3 2 2 4 5 4 9;10 II 12 IA 14 -.15 L7'J,2 '.13 ,4 15 I6 -177 16 77 ll 19 20 21. -22 JS 19.10 21 23 27.'44; 23 2 4 25 26 27 28 29, 3u it 25 26'.27 28 29 September 2009 COUNCIL /COMMISSION MEETING CALENDAR —171— Sunday Monday Tuesday Wednesday Thursday Friday Sa turday Parks& Recreation Commission, 7p, Council Chambers 2 3 sop 2009 T`:F No 200 P,5" 1 2, 4 6 7 .8 9 to '1 12 13 14.93 i6 17 18 19 20 21 22 23 24 ?5 2h 27 28 29 d0 }'2 3 4 5 G'` 7 8`.9 10 II 1219 14': 15 16 17 18 09 20 21 22:2'+ 2425 26 27 281: 29 5'0 4 5 6 iITY /BOROUGE ELECTION Library Commission, 7p, Council Chambers 7 CITY COUNCIL MEETING, 7p, Canncil Chambers 8 Airport Commission, 7p, Council Chambers Council on Aging, 7p, Senior Center 9 10 11 12 Harbor Commission, 7p, Council Chambers 13 114 PLANNING ZONING COMMISSION, 7p, Council Chambers 15 Advisory Cemetery Committee, 7p, Council Chambers 16 17 18 19 HOLIDAY, CITY OFFICES CLOSED 20 21 CITY COUNCIL MEETING, 7p, Council Chambers 22 23 24 25 26 27 28 PLANNING ZONING corMMlssION, 7p, Council Chambers 29 30 31 October 2009 COUNCIL/COMMISSION MEETING CALENDAR -172- Sunday. Monday Tuesday Wsdnesday Thursday Fnday Saturday 2 3 4 5 6 7 Library CITY COUNCIL Commission, 7p, Council MEETING, 7p, Council Chambers Chambers 8 9 1 0 1 _1 12 13 14 Harbor HOLIDAY /CITY Airport Commission, OFFICES Commission, 7p, Council CLOSED 7p, Council Chambers Chambers Council on Aging, 4:SOp, Senior Center 15 16 17 18 19 20 21 CITY COUNCIL Advisory MEETING, 7p, Cemetery Council Committee, 7p, Chambers Council Chambers 22 23 24 25 26 27 '28 PLANNING HOLIDAY/CITY HOLIDAY /CITY ZONING OFFICES CLED CO C ounc N, C am beril Chambers CLOSED CLOSED 29 30 C)cG4 De 2009 3 hi :T 3 7:1 T T F S 7 S 9 10 6 7 S fl. 30 11 12 ,I1 1 l3 1, U 76 17 13 Y4 15 IG 17 11 t9 1S 19 20 21 22 23 24'i 20 ?I 2i.2, 2A 25 26 25 21 27 '28 29 30 31. 27 28 19 30 31 November 2009 COUNCIL /COMMISSION MEETING CALENDAR -173- KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS SEPTEMBER 1, 2009 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY August 4, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Library Expansion Project ITEM 6: NEW BUSINESS a. Discussion Library Construction and Major Expansion Matching Grant Program b. Discussion Peninsula Clarion Back Issues ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSION COMMENTS /QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of August 5 and 19, 2009. b. Alaska Public Library Annual Report c. Friends of the Library Agenda of September 8, 2009. ITEM 11: ADJOURNMENT -174- KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS SEPTEMBER 1, 2009 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Bryson called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, M. Graves, C. Brenckle, P. Bryson, R. Peters Staff /Council Liaison present: Library Director M. Joiner, Council Member M. Boyle A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY August 4, 2009 MOTION: Commissioner Brenclde MOVED to approve the meeting summary of August 4, 2009 and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS 5 -a. Discussion Library Expansion Project Director Joiner reported Ordinance No. 2398 -2009 was passed by City Council; the contract to ECI /Hyer was approved to continue; and Brian Meissner (ECI /Hyer Representative) would set up a meeting schedule. ITEM 6: NEW BUSINESS 6 -a. Discussion Library Construction and Major Expansion Matching Grant Program -175- Joiner reviewed the history of SB 119 and the Library Construction and Major Expansion Matching Grant Program regulations, noting the grant stipulated a 20 year plan and that fifty percent (50 would be held until completion of the project. 6 -b. Discussion Peninsula Clarion Back Issues Joiner reported the library's collection of the Peninsula Clarion was stored in acid -free boxes at the Senior Center and needed to be moved and requested the Commission consider if the Library should continue to keep the originals. ITEM 7: REPORTS 7 -a. Director Joiner noted an increase in circulation; there would be a birthday party for the library's 60 anniversary on September 26, 2009 from 2:00 -4:00 p.m.; and, the staff expressed concern regarding checking the book drop on their days off. 7 -b. City Council Liaison None ITEM 8: COMMISSION COMMENTS /QUESTIONS Peters Reported he would miss the party. Brenckle Stated she was looking forward to the appointment of a new commissioner. Bryson Inquired if the commissioners needed to be city residents and apologized for missing the August meeting. Heus Reported she would miss the October meeting Graves No comment. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agendas of August 5 and 19, 2009. 10 -b. Alaska Public Library Annual Report 10 -c. Friends of the Library Agenda of September 8 2009. ITEM 11: ADJOURNMENT MOTION: Commissioner Brenckle MOVED to adjourn and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. -176- LIBRARY COMMISSION MEETING SEPTEMBER 1, 2009 PAGE 2 There being no further business before the Commission, the meeting was adjourned at approximately 8:12 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk -177- LIBRARY COMMISSION MEETING SEPTEMBER 1, 2009 PAGE 3 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *All items listed with an asterisk are considered to be routine and non controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *August 26, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09 -45 An application for a Conditional Use Permit for a Private Family RV Park for the property known as Lot 7, Anglers Acres Subdivision Part 3 (1115 Angler Drive). Application submitted by William Bancroft Richard Ames, 4327 James Drive, Anchorage, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Annual Review PZ08 -48 Conditional Use Permit Professional Office for the property known as Lot 2, Block 4, Central Heights Subdivision (211 Portlock Street), Permit operated by Scott Cunningham, Madigan, LLC, 37100 Edgewood Drive, Kenai, Alaska. 8. PENDING ITEMS: a. PZ09 -18 A resolution of the Planning Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 9. REPORTS: a. City Council CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 9, 2009 7:00 p.m. -178- b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. "Zoning Bulletin" August 10, 2009 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: -179- ITEM 1: ADD: MOTION: CITY OF KENAI PLANNING ZONING COMMISSION SEPTEMBER 9, 2009 7 :00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING CALL TO ORDER MINUTES Chair Twait called the meeting to order at approximately 7:01 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: S. Romain, J. Twait, P. Bryson, K. Rogers, J. Brookman, K. Koester R Wells City Planner M. Kebschull, Deputy City Clerk C Hall, Council Member R. Molloy A quorum was present. 1 -b. Agenda Approval Commissioner Romain noted the requested additions to the agenda: 1 -d. Excused Absences Roy Wells 5 -d. Staff Memo /RV Letter dated 6/27/07 Commissioner Romain MOVED to approve the agenda with the additions and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and Commissioner Broolunan SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences Roy Wells (added to agenda) -180- Approved by consent agenda. *All items listed with an asterisk are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES August 26, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a. PZ09 -45 An application for a Conditional Use Permit for a Private Family RV Park for the property known as Lot 7, Anglers Acres Subdivision Part 3 (1115 Angler Drive). Application submitted by William Bancroft Richard Ames, 4327 James Drive, Anchorage, Alaska. Kebschull reviewed the staff report included in the packet, noting she recommended approval with the following requirements: Apply for a building permit for the gazebo and meet all Building Official requirements. Limit the number of permanent trailers and structures to the existing structures. Provide ADEC approval for on -site water and sewer facilities. Limit use to operating during the period of May 1 through October 15. Twait read the rules of public hearing and opened the meeting to public hearing. Charles Dere, 1345 Angler Drive, Kenai spoke against the conditional use permit, noting concern with health aspects of the septic system. William Bancroft, 4327 James Drive, Anchorage introduced himself as co -owner of the property, reported there were never more than six trailers on the property at one time, they did not charge rent for spaces, and there was a well and septic on the property that would be inspected by ADEC. There being no further comments, the public hearing was closed. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 9, 2009 PAGE 2 -181- Romain YES Wells EXCUSED Twait YES Bryson YES Rogers YES Brookman YES Koester YES Romain I YES Wells EXCUSED Twait YES 1 Bryson YES Rogers YES Brookman YES Koester 1 YES MOTION: Commissioner Bryson MOVED to approve the pe Commissioner Romain SECONDED the motion. MOTION TO AMEND: Commissioner Bryson MOVED to add #5 to the staff recommendations as follows: 5. Fees shall not be charged for occupancy. Commissioner Romain SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process procedure. ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS 7 -a. Annual Review PZOS -48 Conditional Use Permit Professional Office for the property known as Lot 2, Block 4, Central Heights Subdivision (211 Portlock Street). Permit operated by Scott Cunningham, Madigan, LLC, 37100 Edgewood Drive, Kenai, Alaska. Kebschull reviewed the staff report included in the packet and noted there had been no complaints or concerns in the year since the permit had been approved. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 9, 2009 PAGE 3 -182- with staff recommendations and Romain YES Wells EXCUSED Twait YES Bryson YES Rogers YES Brookman YES Koester YES MOTION: Commissioner Romain MOVED to accept the review and requested no further reviews. Commissioner Bryson SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 8: 8 -a. PENDING ITEMS P209 -18 A resolution of the Planning Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. ITEM 9: REPORTS 9 -a. City Council Council Member Molloy reviewed the September 2, 2009 council meeting action agenda which was included in the packet and noted the ordinance on retention basins was amended to state the surrounding fence must be at least six feet tall 9 -b. Borough Planning None 9 -c. Administration None ITEM 10: PERSONS PRESENT NOT SCHEDULED None ITEM 11: INFORMATION ITEMS 11 -a. "Zoning Bulletin" August 10, 2009 ITEM 12: COMMISSION COMMENTS QUESTIONS None ITEM 13: ADJOURNMENT MOTION: Commissioner Brookman MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. PLANNING AND ZONING COMMISSION MEETING SEYI'EMBER 9, 2009 PAGE 4 -183- There being no further business before the Commission, the meeting was adjourned at approximately 7:38 p.m. Minutes prepared and submitted by: Lorene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 9, 2009 PAGE 5 -184- KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 8, 2009 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a. May 12, 2009 b. July 14, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion Review of 2009 Plantings b. Discussion Street and Highway Right -of -Way Tree Plantings ITEM 7: REPORTS a. Committee Chair b. Parks Recreation Director c. Kenai City Council Liaison ITEM 8: COMMITTEE MEMBER QUESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of August 5 and 19, 2009. b. Landscape /Site Plan Kenai Hangar, LLC ITEM 11: ADJOURNMENT -185- ADD: 6 -c. New Business MOTION: KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 8, 2009 7 :00 P.M. KENAI COUNCIL CHAMBERS CHAIR KAY SHEARER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Shearer called the meeting to order at approximately 7:10 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present. ITEM 2: AGENDA APPROVAL Member Baxter read the following change to the agenda: L. Seymour, K. Shearer, P. Baxter, S. Lovett. T. Canady M. Dimmick, L. Stanford Parks and Recreation Director B. Frates KCHS Booster Club Flags Member Baxter MOVED to approve the agenda with the addition of KCHS Booster Club Flags as Item 6 -c and Member Lovett SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY 3 -a. May 12, 2009 3 -b. July 14, 2009 MOTION: Member Baxter MOVED to approve the meeting summaries of May 12 and July 14, 2009. Member Lovett SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: ITEM 6: 6 -a. PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS None NEW BUSINESS Discussion Review of 2009 Plantings -186- Committee comments included: Several of the prominent flower beds were reviewed. The Memorial Park bed closest to Uptown needed to be overhauled next spring, including tilling and adding new soil. Perennials would be saved and reestablished. The Fire Department bed was not recognizable as the Alaska flag Pleased with the circle planters. Requested contracting for planting of circle planters for next year 6 -b. Discussion Street and Highway Right -of -Way Tree Plantings Director Frates reviewed the memorandum included in the packet. Committee comments included: Add another area for consideration. Plant trees in front of Blockbuster near Horne Depot. Requested Administration move forward with planting as many trees as possible. Frates noted a tree in front of the Teen Center had been damaged and needed replacing. 6 -c. Discussion KCHS Booster Club Flags Member Baxter reported she had been contacted by Ken Roser regarding the school's desire to place flags throughout the season on various street poles throughout town. These flags would be used to support and identify KCHS sports and assist in promoting activities. Frates reported he did not see any conflict with using the flag holders but did not want to commit staff time to placing the flags. Frates noted he would contact Mr. Roser with regard to the flags. ITEM 7: REPORTS 7 -a. Committee Chair Shearer reported she would be resigning due to her moving out of state. 7 -b. Parks Recreation Director Frates reported Tim Wisniewski owned a fiberglass boat available for use at Erik Hansen Scout Park, noting pictures would be forwarded to the Committee once available. Frates reviewed the draft master plan for the cemetery expansion and invited members to the next Advisory Cemetery Committee meeting if interested. 7 -c. Kenai City Council Liaison None -187- BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 8, 2009 PAGE 2 ITEM 8: COMMITTEE MEMBER QUESTIONS AND COMMENTS Lovett thanked Frates for the pictures and cemetery expansion update. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agendas of August 5 and 19, 2009. 10 -b. Landscape /Site Plan Kenai Hangar, LLC ITEM 11: ADJOURNMENT MOTION: Member Lovett MOVED to adjourn and Member Canady SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 8:15 p.m. Meeting summary prepared and submitted by: Lorene Hall, Deputy City Clerk -188- BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 8, 2009 PAGE 3 September 8, 2009 To the City of Kenai Beautification Committee: Please accept my resignation as committee member and chair of the Beautification Committee as of today. I will be leaving the area for an undisclosed amount of time and can no longer serve the city of Kenai. I am grateful for the experience and the relationships I have gained. Thank you for allowing me to play a part in this group. Sincerely, Kay Shearer -189- RECEIVED SEP -9 2009 KENAI CITY CLERK Kenai Visitor Convention Bureau, Inc Regular board Meeting July 29, 2009 KCVB Board President Steckel Presiding MINUTES CALL TO ORDER A. Call to Order and Roll Call at 5:30 pm Presdent: Directors Steckel, Nelson, Anderson, Brower, West, Matson Also present: Councilman Boyle, Natasha Ala, Carla Pollard Absent: Directors Maltby, Braun, Ortiz, Councilman Smalley B. APROVAL OF AGENDA Approved as amended C. APPROVAL OF MINUTES Approved as submitted D. PERSONS SCHEDULED TO BE HEARD No persons were scheduled to be heard E. FINANCIAL REPORT F. UNFINISHED BUSINESS 1. New Board Member Janet Schmidt: Tabled until next meeting. -190- 1. Monthly Financials; Carla Pollard presented and the board reviewed the Monthly Financial report and accepted the report as submitted. The board discussed ideas to increase the KCVB revenue. G. NEW BUSINESS 1. Management Agreement with the City of Kenai: Board reviewed proposed contract from the City and agreed h takes away hoard's discretion. West offered to draft a letter of dismissal of the contract for the board. The board unanimously accepted. 2. VISITKENALCOM/ARTSKENALCOM RFP Proposals: Natasha presented the top two web designer choices (ITS and Dan Chay) to the board. Board unanimously voted to give Natasha freedom to choose the designer as long as the cost does not run over $10,000. 3. Executive Directors Report: Don Decker is being considered for curator of 2010 summer art show. The proposed theme is A Changing Landscape. Christina Conn has been cleaning and cataloguing museum collection. Bob Frates gave briefing for staff on dipnetting. I. Board Comments Brower: Thanked Robin for his objective opinion concerning the management agreement. Malston: Told Robin he will miss his presence on the board. West: Promised to give Steckel draft of the dismissal letter by July 30. Thanked the board for the years he has been a director and wished them all good luck. Steckel: Thanked Robin for his service and Natasha for her presentation at the Chamber luncheon. Reminded the board to stop in at the visitor center. Anderson: Thanked Robin for his assistance with the management agreement. J. Adjournment Adjourned 7:15 pm. Next scheduled meeting will be August 24, 2009. -191- REPORT OF THE CITY MANAGER �Cz the of KEN I, ALASKA TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: September 9, 2009 SUBJECT: Mid Month Report; Public Works Department The status of previously reported projects is as follows: "Village with a Past G c with a '�,Ilif ure" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 PUBLIC WORKS DEPARTMENT September 2009 REPORT e Kenai Community Library Expansion Project ECI /Hyer, Inc.'s issued a 'schematic plan' on 19 February 2009; On 8/14/2009 the City signed Amendment Two to ECI /flyer's Professional Services Agreement to include design, development, construction document and bidding phase services per their 4/8/2009 proposal for a not to- exceed amount of $402,000. e Kenai Courthouse Parking Expansion 2009 (Design by Wince Corthell- Bryson). Contract awarded to Peninsula Construction. Project closeout underway. e South Ames and Basin View Drive Paving LID. (Design: Nelson Associates). On 4/1/09 Council awarded contract to Northstar Paving and Construction, Inc. Construction is complete. A public hearing on special assessment has been set by City Council e Cabin'Relocation Project Historical Society is coordinating work. All five cabins have been moved to new site. Cabins are being situated on their new foundations. e Kenai Municipal Airport Rehabilitate Apron 2009 -2010. (Design by Wince Corthell Bryson) The Project was awarded to Alaska Roadbuilders. Will upgrade aprons, address drainage issues and lighting. Part of the project will utilize so called 'Stimulus' funds. Project is underway. e Kenai Municipal Airport Runway Safety Improvements: Taxiways F, G and H Lighting Grading, and Drainage 2009 (Design by Wince Corthell- Bryson). Design completed on 2/2/09, plans issued 2/24/09, Pre -Bid on 3/10; Bid Opening on 3/24/09 at 1 PM. 4/1/09 Council awarded project to Alaska Roadbuilders, Inc. Construction complete and project closeout is underway. e Vintage Pointe Dry Sprinkler System Replacement 2009. 4/1/09 Council awarded contract to Alaska Automatic Fire Protection, Inc. Construction started 7/7 and expected to be completed by 9/15, e Vintage Pointe Casement Window Replacement— 2009. This will replace 64 windows in Vintage Pointe with energy efficient, easy to open and low maintenance windows. Bids were opened 3/3/2009 at 2PM; 4/1/09 Council awarded Contract to World Wide Roofing Construction, inc. Project closeout is underway. e Kenai: Various Road Improvements 2009 (Baron Park Lane HEA Access) (Design by Hattenburg, Dilley Linnell (HDL)) Phase 2 to Marathon Road Improvements: Grading, Drainage, paving, Signing Striping, Illumination and Water. ADOT is to bid the contract HDL to do construction management. Project is under review at ADOT. e South Beach Fence Materials 2010 Project is b&ng planned for a perrnanent fence (&x6"xl 0' wooden posts and two courses of 3/8" galvanized chain) for the protection of South Beach Dunes similar to that installed on North Beach. e LED Streetlight Installation 2009 So far 16 street lights between Fifth Ave, Kenai Spur Highway have been replaced with Light Emitting Diode (LED) Lights; Most of Kenai's main thoroughfare streetlights will be replaced (71) by LEDs by the end of summer. Kachemak Electrical Co. is contracted to furnish and install these lights. e Bridge Access Road Water Sewer Main Extension Engineering by Wm. J. Nelson Associates is underway. e Lawton Drive Beaver Loop Water Extension Engineering by Wm. J. Nelson Associates is underway. e Small Projects Upgrade of boat launch ramp: has been delayed until May 2010 due to unexpected high water conditions, expansion of Park Strip picnic pavilion: roof structure painting and installation is expected by end of September, structural condition survey of the City dock, curb and sidewalk repairs are underway, a project to replace lighting at City Hall with energy efficient interior lights and occupancy sensors is almost complete. -193- Kenai Police Department To: Rick Koch, City Manager From: Gus Sandahl, Police Chief )%5 Date: 9!9/2009 Re: Police Communications Department Activity August 2009 Police handled 741 calls for service. The Communications Center received 136 emergency 9 -1 -1 calls 62% of which originated from cell phones. Officers made 76 arrests and wrote 287 reports. On August 18, two adult males were charged with Vehicle Theft —1 degree after they were found driving a pickup stolen from a fire crew in Palmer. Traffic enforcement resulted in 198 warnings, 31 speeding tickets, 23 seatbelt tickets, 20 citations for equipment violations, and 4'1 citations for "other" traffic violations. There were 6 DUI arrests (all misdemeanor). Police investigated 10 vehicle crashes (3 injury crashes). None of these crashes were DUI- related. There were 2 calls for service involving brown bears, both near mile 5 of the Spur Highway. On August 10, a bow hunter was charged by an adult brown bear, and he shot and killed the bear with a pistol to protect himself. On August 20, a moose was struck and killed by a vehicle, and a charity was summoned. Prior to charity arriving, a motorist observed a large brown bear dragging the moose into a wooded area north of the Spur Highway. Police, Communications, and Animal Control personnel attended annual harassment training at City Hall, along with other city employees. Additional employees will attend the training on Sept. 16. On August 2, Officer Todd Hamilton departed for the 15 week public safety training academy in Sitka. Upon his return on November 12, he will continue with 2 more months of field training. In late July, Officer Jim Knott completed field training and started his first shift without accompaniment of a trainer on August 3. Officer Alex Prins transitioned to the 3 and final phase of field training this month. On August 17, Mitch Langseth provided training to school district staff at the KPBSD in- service. The training focused on MySpace, Facebook, and Cyber bullying. Dispatcher Erin Pealatere completed field training, and started her first shift without a trainer during the week of August 17. On August 25, Dispatchers Erin Pealatere, Lisa Linegar, and Danielle Braun attended first aid and CPR/AED training at fire station 2. On Aug. 28, KPD officers attended the annual firearms qualification at the Snowshoe Gun Club. -194- ANIMAL CONTROL REPORT August 2009 2009 2008 2009 2008 STRAY 75 90 ADOPTED 56 54 Dogs 41 54 Dogs 22 35 Cats 33 30 Cats 29 15 Other Animals 1 0 Other Animals RELEASED BY OWNER 34 44 CLAIMED 12 39 Dogs 15 27 Dogs 12 33 Cats 15 13 Cats 0 3 Other Animals 4 4 Other Animals 0 0 D.O.A. 6 17 EUTIIANIZED 41 58 Dogs 3 7 Dogs 22 21 Cats 1 9 Cats 19 37 Other Animals 2 3 Other 0 3 TOTAL ANIMALS 115 153 Other Disposition 0 Borough Animals 25 33 Field Investigations 67 123 Total Dogs 59 88 Volunteer hours 71 13.5 Total Cats 49 52 Total phone 568 1013 Total Other 7 13 Kennel Permits 0 0 -195- Date: September 9, 2009 To: City Manager From: Fire Chief Tilly Subject: Midmonth report INTEROFFICE MEMORANDUM KENAI FIRE DEPARTMENT Runs for the timeframe of 8 -13 to 9 -09: Last 30 days Run total year to date Total last year at this time Summary of activities for last month: 1) Department members participated in the first Kenai Peninsula Leadership Conference in Soldotna. 2) Department members participated in City wide sensitivity training. 3) Department hosted a Safe Kids car seat check at station 1. 4) Department members trained with Physician sponsors. 5) Fire Captain James Dye attended Aircraft Rescue Firefighting seminar in Dallas. 6) Department actively participating in the Central Peninsula Public Health Task force in preparation of for H1 N1. -196- 141 requests for service 1,125 requests for service 994 requests for service 13% increase over 2008 Total August Meal Count 2009 Served: Total Congregate Meals Served: 1,491 Total Home Meals Served: 1,698 Total August Meal Count 2008 Served: Total Congregate Meals Served: 1,361 Total Home Meals Served: 1,872 MEMORANDUM To: Rich Koch, City Manager From: Kathy Romain, Acting Senior Center Director Date: September 9, 2009 Subject: August Monthly Report We had a total of 1,116 volunteer hours for the month of August. Volunteers participated in 22 different acitivities /events. The Senior Center's Bell Ringers and Line Dance groups performed at the Kenai Peninsula State Fair. The Line Dancers also performed at the Alaska State Fair for 2 days and were featured on the KTUU news program of fair highlights. 200+ were in attendance for the Annual Old Timer's Luncheon on August 20. The "kids" of many of the Old Timer's served the parents that day and included participants from some long -time Peninsula families. Day trips for the month of August included visits to Anchor Point's Norman Lowell Gallery, Halibut Cove, the Ninilchik and Palmer Fairs. -197- Wile with 4 Past, t with a Mire 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 3692 FAX: 907- 283 -3693 MEMORANDUM To: Rick Koch, Kenai City Manager Thru.: Wayne Ogle, Public Works Director From: Robert J. Frates, Parks Recreation Directo Date: Sept. 8, 2009 RE: Mid -month Report The Parks Recreation Department has been particularly busy this past month. The State Soccer Tournament mid- August was a huge success and many compliments were given with respect to the fields, The Department also provided support August 29 for the annual Industry Appreciation Picnic. Unfortunately, the State Softball Tournament originally set for August 22 and 23` was cancelled due to lack of teams. Carmody Masonry completed the foundation and brick work for the new addition to the Kenai Park Strip Shelter and Kenai Welding will be setting the roof structure toward the end of the week. Painting of the structure will follow once the roof is installed. One quote has already been received for a concrete pad for placement of the gazebo. The department is still waiting for additional quotes from local vendors. The department lost a very nice tree in front of the Teen Center due to natural causes. Tree was originally planted in 1986 and was an Amur Chokecherry. Unfortunately, Amur Chokecherry trees are extremely susceptible to weak branches and as one of the primary branches broke off, it also removed a large portion of the tree trunk. We will be looking at replacing this tree as well as providing additional new trees in various locations throughout town. The ramp floats are scheduled to be removed September 17 and remaining dock floats set for removal on September 22 One of our local Eagle Scouts, Dax Thompson, painted the skate park ramps as part of his Eagle Scout Project A couple days were spent painting along with several other students from KCHS. Dax is also completing a user survey, as part of his Eagle Scout commitment, demonstrating the type of skate park equipment needed for future growth. -198- iv®unicipai Airport Airport Projects: s enau Airport Manager's Report For September 2009 Taxiway F, G, H Lighting Grading, and Drainage Improvement: Electrical contractor is awaiting 3 signs which should be here around September 15 Then closeout process will begin. Apron Rehabilitation: Alaska Road Builders is well under way with the widening and rehab of the north portion of the apron. A paving meeting is scheduled for Thursday, September 10. Summer Projects: Booths Landscaping has completed the terminal landscaping project. Tenants and the public have commented on the great job. Vehicle Parking Pay Station: The new Pay Station to pay for vehicle parking will be installed on September 11. It is located under the canopy at the terminal entrance. The Airport is finalizing software upgrades and training while waiting for signage before it is fully installed and completed. Patrons will be able to pay with VISA, MC, and Discover credit cards and debit cards if they can be swiped without using a PIN. The machine will take bills but no coin. Other Information: The airport continues to be busy with the usual maintenance jobs of mowing, crack sealing, and painting; while preparing for the winter season. Out of Town: The Airport Manager will be attending the NWAAAE Conference in Spokane, Washington from September 25 -30. 2009 -09 -199- January 5,063 1.761 6,824 I 7.752 -928 322 7,146 February 4,369 1,602 5,971 7,032 -1,061 316 6,287 March 4,592 1,437 6,029 I 6,911 -882 328 6,357 April 4.233 1,571 5,804 7.057 -1,253 277 6,081 May 4,968 1,643 6,611 7,572 -961 248 6,859 June 5,069 1.788 6,857 I 8,020 -1,163 313 7,170 July 7,368 2,244 9,612 11,274 -1,662 390 10,002 August 6,881 2,272 9,153 10,492 -1,339 352 9,505 September 0 7,761 October 0 I 7,805 November 0 I 6,738 December 0 7,183 Totals 42,543 14,318 56,861 95,597 -9,249 2.546 59,407 75.18% Month ERA GRANT AVIATION AVIATION Change Total 2008 from vnna -200- KENAI Combined AVIATION Month Total 5 -year Comparison Chart 2007 2006 2005 2004 2003 January 7417 6466 6,023 6,326 6.454 March 6,667 6,808 6,184 5,993 5280 h. *,t l0 ...4" ,'.,MZVOz :,TS37 7.391 7,071 5,974 5,700 5,848 11,606 11,370 10,860 10,654 9445 4;0''43,`. .107,0 s' .eJ46 t I.. r. September 7.598 7.359 6.886 6638 6,435 1 :41 aR,sa, ,a4 '33$_ at9S 6'a1:44N4t): November 7,413 7,068 6,938 6,245 6,820 Totals 93,684 90,070 83,523 82,009 76,729 2007 200E 2005 2004 2003 95000 90000 85000 80000 75000 70000 eSenes1 Adult Ficti Adult Non- Fiction Periodicals Juvenile Fiction Juvenile Non Fiction Easy Fiction. Easy Non- Fiction Interlibrary Loan Total Circulation Library Door Count 9,300 Income Fines and Rental Books Xerox Lost/Damaged Test Proctoring Fee Total income 08/09 $1,498.93 Kenai Community Library Monthly Report September 2009 August Circulation Figures 2,511 1,531 123 707 215 1,31 301 46 Internet Access Music Puzzles Videos DVDs Audio books Miscellaneous Computer Programs Total Print 6,745 Total Non -Print 4,760 11,505 The total circulation for August of 2009 was 10% higher than the circulation in August 2008. We had 1,626 people wait listed this month to use our computers 108 new Kenai library patrons registered to use Listen Alaska in FY 2009. $1,046.95 333.00 58.98 60.00 We are planning a birthday party event on September 26' to celebrate 60 years of service to the community. The Friends of the Library have agreed to pay the shipping costs for character costumes and the Berenstain Bear parents will make an appearance. The Friends will also fund the cost of three cakes made by the cake lady that will have photos of the old library, current library and new library. A very special guest reader will appear at the event to read a story. The party is planned for 2- 4 p.m. -201- In -House circulation Downloadable Audio 1,911 141 0 386 2,043 227 44 8 Internet Only Kasilof Kenai Moose Pass Nikiski Soldotna Sterling Non Resident Organization Other 132 220 ibrary Cards Issued August 2009 73 17 145 1 36 50 11 30 1 Total 370 the of KENAI, ALASKA To: Rick Koch, City Manager L` From: Terry Eubank, Finance Director Date: September 10, 2009 Re: Monthly Report "Vi(laye wc'th a Past, C# with ((Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 As is typical this time of year, the department is actively working on closing of the fiscal year 2009 books, preparation of the Comprehensive Annual Financial Report, and preparation for the amoral audit which will take place the weelc of September 29 Finishing touches are being made on the annual dip net report. The complete report is expected in October. The financial markets continue to recover and the Airport Permanent Fund increase in value by over $500,000 in August. This is an extremely positive situation but also one that should be looked at with caution. Volatility in the market still exists and gains can quickly be replaced with equal or greater losses. Overall 1 believe the current policy is on track to achieve the goals described during its creation. -202- INFORMATION ITEMS 1. 2. INFORMATION ITEMS KENAI CITY COUNCIL MEETING SEPTEMBER 16, 2009 9/16/2009 Purchase Orders Between 2,500 and $15,000 for council review. 9/2/09 Senator J. Paskvan thank -you letter (related to Resolutions No. 2009- 32 and 2009 -37). 3. 9/10/09 Kenai River Special Management Area Meeting Agenda and minutes of 8/13/09 meeting. 4. 9/15/09 Kenai Peninsula Borough Assembly Meeting Agenda. -204- J 0 Z 0 0 0 U. 0 0 0 0 0 ets" uc CI a e r 8 ix 0 r io U a CO w W y M LL CO 0 W 0 a CL' 0 W F y to 2 0 ce J Q Z ET 0 W T H co 0 H 0 U J 0 Z 0) w T 0 O 0 n n v 5 co 0 J J co 0 0 w Z a 0 —205— i irCr�sv�.. afro onq 37 �.e-,e k September 2, 2009 Dear Ms. Freas and Kenai City Council, Thank you for your letter and the attached resolutions and for keeping me informed. As Chair of the Senate Labor and Commerce Committee, I am very interested in these issues from a statewide perspective. Please continue to keep me informed and feel free to contact me any time if you have any questions or concerns. Senator Joe Paskvan RECEIV SEP 4.2009 KENAI CITY CLERK -206- KENAI RIVER Special Management Area 'Working together...for the river" CALL TO ORDER A. Roll Call; B. Minutes Approval C. Agenda Changes and Approval II. Public Comments Kenai River Special Management Area Advisory Board Meeting Agenda Thursday, September 10, 2009 5:30 p.m. Kenai River Center III. REPORTS A. Agency and Government Reports a. State Parks Sinclair, Russell b. DEC- Stevens c. ADF &G- Vania/ Begich/ d. USF &WS- West e. USFSfChugach -Skibo f. City of Kenai- Ogle g. City of Soldotna- Micciche h. Kenai Peninsula Borough- Martin B. Committee Reports a. Guide Advisory b. Habitat c. River Use d. Permits e. Legislative /Government Activities f. Board Development g. Agenda /Board Structure /Housekeeping IV. OLD BUSINESS ACTION ITEMS A. Draft Regulations- In- season Guide Replacement B. C. NEW BUSINESS A. Committee Goals 09 -10 B. Board Nominations CORRESPONDENCE PUBLIC COMMENT VIII. ADJOURNMENT A. Board Comments B. Date /Agenda of Next Meeting October 8, 2009 5:30 p.m. Kenai Area Office, PO Box 1247, Soidotna, AK 99669, 907-262-5581 Kenai Peninsula Borough, 144 N. Binkley, Soldotna, AK 99669 907-262-4441 Kenai River Center 514 Funny River Road, Soldotna, AK 99669, 907- 260 -4882 Alaska Division of Parks and Outdoor Recreation, Department atural Resources, in cooperation vnth the Kenai Peninsula Borough 1t r e 1_ it (Oz. I. Call to Order Kenai River Special Management Area Advisory Board Minutes Kenai River Center Thursday, August 13, 2009 5:30 p.m. A. Members Present: Joe Connors, Ted Wellman, Richard Dykema, Adam Reimer, James Czamezki, Steve Bonebrake, Bob Frates, Bobbie Jo Skibo, Robert Begich, Jack Sinclair. B. The Minutes for May 14, 2009 were approved as written. C. Agenda Changes and Approval: No changes to agenda. D. Public Comments Gary Chamberlin commented in regards to state parks enforcement. Lee Cory Ledden, with Resource Conservation Development District, representing the Funny River group expressed interest in going out to the Funny River Road site if the board was going after the meeting. E. Reports a. Agency and Government Reports a. ADNR/Parks, Jack Sinclair, reminded everyone that it is board appointment time again, September 2, 2009 is the deadline for applications, so we can forward applications to the board just prior to September 10, 2009 KRMSA meeting. b. DEC, Tim Stevens, was not present. c. ADF &G, Robert Begich, Season is still in progress. No report at this time. d. USF &WS, Janet Schmidt, ending summer season, many of the seasonal crews are starting to leave and it was a successful season. USF &WS has completed an EA (Environmental Assessment) for a future visitor center the EA report will be available August 14, 2009 for public comments for 30 days. The website is located at: www.kenai.fws.govtcurrent.htm and the physical location for the future visitor center will be in the general area of the current headquarters building. e. USES /Chugach, Bobbie Jo Skibo, we've had a successful y ear at the Russian River, only a few more days until the sockeye fishery closes on August 20 2009. To date no defense of life or property kills (no tally of black or brown bears) and no injuries to any anglers or visitors. USFS had 61 volunteers for the stream watch program picking up mono filament lines and trash. Plan to have a press release out by the end of the month, highlighting the stream watch volunteer's accomplishments. The Strategic Plan for the Kenai and Russian River Complex has been posted online to the Chugach National Forrest website. If you go to the search engine and search interagency plans, It is the first one that pops up or you can go to the Partnership Link. The title is A Strategic Interagency Response to Dynamic Challenges at the Kenai Russian River Complex. f. City of Kenai, Bob Frates, dip net fishery is behind us. The fence project on the North side was a huge success in protecting the sand dunes. g. City of Soldotna, Steve Bonebrake, three projects are scheduled for completion between this fall and next spring. First is to expand and improve trails at Centennial Park, second is a set of stairs to go to the river's edge so that pedestrians may access under the bridge and may safely get from one side of the road to the other. The third one is the Soldotna Creek Park, phase I, -208- schematic design was approved by city counsel last night, will proceed with construction phase. A private group will be working on the old playground site and it will be expanded considerably. Visitor use at Swiftwater and Centennial camp areas were considerably up from normal. h. Kenai Peninsula Borough, Milli Martin, was not present. b. Committee Reports a. Guide Advisory, did not meet. b. Habitat, did not meet. c. River Use, Ted Wellman, did not meet, but he talked to Doug Whittaker on the recreation use plan, d. Permits, did not meet. e. Legislative /Government Activities did not meet. f. Board Development, did not meet. g. Agenda /Board Structure /Housekeeping did not meet. F. Old Business action Items A. Draft Regulations- Guide Replacement, Hunting areas, Sinclair- Connors Ted Wellman made the motion to discuss Guide Replacement Policy. Steve Bonebrake seconded. Changes will be made to the draft guide replacement regulation and another draft will be presented at the September 10, 2009 meeting. Adam R. made the motion to bring 11 AAC 20.850 Use of Weapons to the table. Ted Wellman seconded. Jack Sinclair spoke on draft regulations on hunting areas. 11 ACC 20.850 Use of Weapons passed unanimously. B. By Law changes Three year terms Sinclair Adam made motion to bring By Law Changes to the table. Ted Wellman seconded. Adam Reimer made motion to amend by law changes to read: "New language proposed: Beginning October 31, 2009, three members shall be appointed to three year terms and one member to be appointed to a one -time only one year term. in 2010, two members will be appointed to three year terms and three will be appointed to one -time only one year terms. Thereafter, starting in 2011, all seats will have three year terms scheduled to expire on October 31 of the appropriate year." Ted Wellman seconded. Vote was taken amendment to by law changes passed. Adam R. made motion to vote on by law changes amended. -209- Steve seconded. By Law changes amended passed. G New Business None H. Correspondence None I. Public Comment None J. Adjournment a. Board Comments Bobbie Jo Skibo commented Robin West will be leaving and they would like to get him a gift. If you'd like to give or have any ideas for a going away gift please let her know. To send money for gift, mailing address is: Bobbie Jo Skibo PO Box 166 Moose Pass, AK 99631. Jim C. gave an update on hydrocarbon sampling, July 18, 19, and 21. We had higher numbers of boats this year than we've ever seen before 765 boats, which is an all time high. We counted 382 boats in the personal use fishery, 200 is somewhat normal. The highest E -TEC levels were around 6 and most were around 2 -3. The regulation seems to be working good. During the water sampling on Tuesday, July 21, 2009, we took samples from 22 sites throughout the watershed, we saw E -TEC in the lower river up to river mile 12.5, which is basically from Pillars down stream. Turbidity monitoring is on- going, it started in mid -May and will end September 1, 2009. No problems with the high water and instruments have been performing well. Joe Connors will be gone for September 10, 2009 meeting and commented on boating safety. Bobbie Jo Skibo talked on Dave's Creek Restoration Project. Fish carcass management issues of the Russian River are still there and this July the issue was elevated to executive leadership of the fish and wildlife service and commissioner of fish and game. They did a float trip on the river and at this point they will discuss It and decide how to manage amount of fish carcass in those high use areas. Richard Dykema asked if someone would provide data on hydrocarbon water sampling. Bob Frates asked if State Parks has made any move on drift boat launch take out. b. Date /Agenda of Next Meeting September 10, 2009 5:30 p.m. -210- Draft In Season Replacement Guide Regulation Intent language: If a permitted sport fishing guide business within the Kenai River Special Management Area (KRSMA) loses the services of an employed guide anytime after being permitted in a calendar year, the following procedures to replace that person may be followed by that business entity: That person or business may request a special permit from the Director of the Division of Parks and Outdoor Recreation (DPOR) or designee to register a "replacement guide" (for the purposes of this discussion a "Replacement Guide" is defined as one who can qualify in every way except that they have not successfully completed the required Kenai River Guide Academy training) to serve as an employed sport fish guide for the remaining permit year, only when the following conditions are met: 1. The business owner /applicant will be required to show that they have exhausted the options for employing qualified guides from within the pool of guides qualified and previously permitted with DPOR as well as those persons who have completed a DPOR- approved course and who have granted permission to release their contact information. 2. The replacement guide must meet all of the following requirements: A. Must be 18 years of age. B. Must be a United State citizen or be qualified to work within the US. C. Have a current Driver's License or picture ID. D. Have current first aid certification. E. Have a valid, current United State Coast Guard license to carry passengers for hire (when applicable for power boats) F. Have a current Alaska sport fishing license. G. Have a State of Alaska, ADF &G Sport Fish Guide License. H. Have proof of current enrollment in an approved drug testing program. I. May not have been convicted of a felony within the past five years and may not have been convicted of more than one misdemeanor violation of a provision of 5 AAC 47 through 5 MC 75 (Fish and Game regulations) within the past five years. J. Pay all applicable Park Use Permit fees. K. Present proof of insurance documentation as a vessel operator for the qualifying Sport Fishing Business (where applicable). L. Complete an Orientation Course provided by DPOR and pay any fees associated with this course. 3. No person may serve as a replacement guide for more than one season unless they have successfully completed the required DPOR- approved course under 11 AC 20.885 (c) (9), as well as meeting all other local, state and federal requirements. Aug. 31, 2009 DRAFT Page 1 of 2 -212- Timeliness: A person making a request under this section must complete a form provided by the department and submit all of the required information to the director. Once a complete replacement guide exemption application has been received, the director shall respond within 2 working days with a decision. A person who has been denied a permit may appeal the decision as outlined in 11 AAC 02. Aug. 31, 2009 DRAFT Page 2 of 2 -213- Kenai Peninsula Borough September 15, 2009 7 :00 PM Milli Martin Assembly President Seat 9 South Peninsula Term Expires 2009 Pete Sprague Assembly Dice President Seat 9 Soldoine Term Expires 2010 Paul Fischer Assembly Member Seat 7 Central Term Expires 2010 Gary Knopp Assembly Member Seat 1 Kalifornsky Term Expires 2009 ang mbly Member Seat 6 East Peninsula Tenn Expires 2009 Charlie Pierce Assembly Member Seat S- Sterling/Funrty River Ternz Expires 2011 Hal Smalley Assembly Member Seat 2 Kenai Term Expires 2011 Bill Smith Assembly Member Seat 8 Homer Term Expires 2011 Gary Superman Assembly Member Seat 3 Nikiski Term Expires 2010 A. B. C. D. E. F. G. H. I. 1. K. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda:) APPROVAL OF MINUTES 1. September 1, 2009 Regular Assembly Meeting Minutes 1 COMMENDING RESOLUTIONS AND PROCLAMATIONS PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) 1. South Peninsula Hospital Quarterly Report (10 minutes) 2. "Alaska Department of Transportation Maintenance Practices, an Overview Report From a KPB Citizen Mitch Hrachiar (10 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregam) MAYOR'S REPORT 14 1. Assembl A enda Regular Meeting Homer City Council Chambers, Homer, Alaska Agreements and Contracts a. Authorization to Award Contract for Physician Medical Director for Central Emergency Services, Nikiski Fire Service Area, Bear Creek Fire Service Area and the Office of Emergency Management 15 September 15, 2009 Page 1 of 6 -214- 2. Other Approval for Waiver of Formal Bidding Procedures Nikiski High School Track 16 a. Spruce Bark Beetle Program Monthly Status Report August 2009 17 b. Budget Revisions July 2009 23 c. Revenue- Expenditure Report July 2009 25 d. Tax Adjustment Request Approval 28 e. Status Report Regarding KPB v. Kingsford 31 L. ITEMS NOT COMPLETED FROM PRIOR AGENDA None M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2009- 19 -02: Appropriating $300,000 to the Solid Waste Capital Project Fund for Design and Development Costs Associated with Cell #2 at the Central Peninsula Landfill (Mayor) (Referred to Finance Committee) 47 2. Ordinance 2009- 19 -03: Accepting and Appropriating $25,225 from the Alaska Department of Military and Veteran Affairs, Division of Homeland Security and Emergency Management, to Support the Activities of the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Refereed to Finance Committee) 52 3. Ordinance 2009 -46: Authorizing the Assessor to Accept the Late -Filed Senior Citizen Exemption Application ofDeborah Crocker for 2009 (Martin, Mayor) (Referred to Policies and Procedures Committee) 59 UNFINISHED BUSINESS 1: Postponed Items a. Resolution 2009 -072: Approving Job Descriptions for Administrative Service Employees (Smith) (Referred to Policies and Procedures Committee) 64 b. Resolution 2009 -080: Authorizing Award of a Contract for External Investment Portfolio Manager (Mayor) (Referred to Finance Committee) 175 September 15, 2009 Page 2 of 6 -215- 0. NEW BUSINESS 1. Bid Awards 2, *a. Resolution 2009- 083: Authorizing Capital Improvement Project Cost Allocation and Award of Contract for the FY2010 Woods Drive and Memory Circle Capital Improvement Project No. C6WO0 (Mayor) (Referred to Finance Committee) 178 *b. Resolution 2009 -084: Authorizing Capital Improvement Project Cost Allocation and Award of Contract for the FY2010 Stoney Creek Avenue Bruno Road Capital Improvement Project No. E3STO (Mayor) (Referred to Finance Committee) 182 Resolutions *a. Resolution 2009 -085: Supporting the Alaska Coastal Communities Global Climate Change Compact (Smith) (Referred to Legislative Committee) 186 *b. Resolution 2009 -086: Authorizing the Purchase of a Microsan Instrument from the Emergency Equipment Line Item of the South Peninsula Hospital Service Area Capital Project Fund (Mayor) (Referred to Finance Committee) 206 *e. Resolution 2009 -087: Authorizing the Acquisition of Certain Real Property at 198 West Corral Avenue, Soldotna, for Use by the Central Peninsula Hospital (Mayor) (Referred to Lands Committee) 209 *d. Resolution 2009 -088: Approving an Appendix to the Assembly Policy Manual Regarding Statutory Authority of the Assembly (Martin) (Referred to Policies and Procedures Committee) 1 22 *e. Resolution 2009- 089: Incorporating Major Maintenance Projects into the Scope of Work for Funds Previously Appropriated for Parking Lot Expansion and Improvements (Mayor) (Referred to Finance Committee) 229 Resolution 2009 -090: Providing for Adoption of an Identity Theft Policy (Mayor) (Referred to Policies and Procedures Committee) 232 Resolution 2009 -091: Establishing an Assistant Chief Position in the Kachemak Emergency Services Area (Mayor) (Referred to Policies and Procedures Committee) 241 September 15, 2009 Page 3 of 6 -216- Ordinances 4. Other Resolution 2009 -092: Supporting Education of Borough Residents and Information about the Energy Star Rebate Program (Mayor) (Referred to Policies and Procedures Committee) 247 Resolution 2009 -093: Supporting the Concept of Exempting Alternative Energy Systems from Real Property Assessment (Mayor) (Referred to Policies and Procedures Committee) 250 Resolution 2009 -094: Supporting the Education of Borough Residents about Federal and State Alternative Energy Incentives Currently Available (Mayor) (Referred to Policies and Procedures Committee) 253 Resolution 2009 -095: Supporting a Policy of the Kenai Peninsula Borough to Become an Advocate in Promoting Alternative Energy, Energy Efficiency, and Energy Conservation (Mayor) (Referred to Policies and Procedures Committee) 256 *a. Ordinance 2008.19 -62: Recording Expenditures of $1,985,582 Paid by the State of Alaska Department of Administration on Behalf of the Borough Toward the Borough's Unfunded PERS Liability (Mayor) (Hearing on 10/13/09) (Referred to Finance Committee) 259 *b. Ordinance 2009- 19 -07: Redirecting Funds Previously Appropriated to the Solid Waste Capital Project Fund for the Purchase of Equipment Needed to Implement a Junk Vehicle Removal Program to Contract Services in the Solid Waste Operating Fund (Mayor) (Hearing on 10/13/09) (Referred to Finance Committee) 266 *c. Ordinance 2009 -47: Amending KPB 1.20.100 to Eliminate Limitations on Terms of Office for School Board Members (Mayor) (Hearing on 10/13/09) (Referred to Policies and Procedures Committee) 269 *a, Confirming Appointments to Advisory Planning Commissions (Referred to Policies and Procedures Committee) 272 Anchor Point Advisory Planning Commission Joanne Collins Seat G Term Expires: September 30, 2012 September 15, 2009 Page 4 of 6 -217- Moose Pass Advisory Planning Commission Bruce Jaffa Seat D Term Expires: September 30, 2012 Jeff Hetrick Seat E Term Expires: September 30, 2012 Hope /Sunrise Advisory Planning Commission Bianca Durrant Seat A Term Expires: September 30, 2012 Beth Kaser Seat B Term Expires: September 30, 2012 *b. Confirming Appointments to the Kenai Peninsula Borough Road Service Area Board (Referred to Policies and Procedures Committee) 278 Appointment Board Seat Term Expires Cam Shafer South Region September 30, 2012 Jake Denbrock Central Region September 30, 2012 *c. Approval of the Regular Precinct Board Members for the October 6, 2009 Regular Borough Election (Referred to Policies and Procedures Committee) 9'81 Approval of the Regular Canvass Board and Absentee Voting Officials for the October 6, 2009 Regular Borough Election (Referred to Policies and Procedures Committee) 286 P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. October 13, 2009 Regular Assembly Meeting 7:00 PM Soldotna R. ASSEMBLY COMMENTS S. PENDING LEGISLATION (This hem lists legislation which will be addressed at a later date as noted.) 2, 1. Resolution 2009 -017: Supporting the Proposed Closure of Portions of Peterson and China Poot Bays to Shellfish Harvest to Sustain Educational Use (Martin) (Referred to Legislative Committee) Tabled 03/03/09 Ordinance 2009 -03: Amending KPB Chapter 5.35, Special Assessments Public Utilities, to Redefine Benefited Parcels to Include Those Whose Owners Approve the Assessment District and Intend to Connect to the Main Utility Line (Superman, Knopp) (Referred to Policies and Procedures Committee) Tabled 03/03/09 September 15, 2009 Page 5 of 6 21.8 3. Ordinance 2009- 19 -05: Accepting and Appropriating a Grant from the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) in the Amount of $699,300 for the Borough's Cook Inlet Beluga Whale Recovery Study (Mayor) (Hearing on 10/13/09) (Referred to Finance Committee) 4. Ordinance 2009- 19 -06: Accepting and Appropriating Funding from the State of Alaska in the Amount of 5545,400 for Community Purposes under the State's 2009/2010 Community Revenue Sharing Program (Mayor) (Hearing on 10/13/09) (Referred. to Finance Committee) S. Ordinance 2009 -32 (Fischer) Substitute: Establishing the Central Peninsula Multi -Use Facility Service Area (Fischer) (Referred to Legislative Committee) Tabled 08 /04/09 INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on October 13, 2009, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL -FM 91.9 (Central Peninsula), KBBI -AM 890 (South Peninsula), K201 AO- FM88.1(East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714 -2160 or toll free within the Borough at 1 -800- 478 -4441, Ext. 2160. Visit ow website at www.borough.kenat.ak.us for copies of the agenda, meeting summaries, ordinances and resolutions. September 15, 2009 Page 6 of 6 -219- CITY OF KENAI NOTICE OF PUBLIC HEARING SEPTEMBER 16, 2009 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) at its regular meeting of September 16, 2009. 1. Ordinance No. 2436 -2009 Increasing Estimated Revenues and Appropriations by 5938.08 in the General Fund for Bureau of Highway Patrol Equipment Expenses. 2. Ordinance No. 2437 -2009 Increasing Estimated Revenues and Appropriations by $5,625.00 in the Congregate Housing Fund, Professional Services for an Increase in the Caretaker Contract in Excess of Originally Budgeted Amounts. 3. Ordinance No. 2438 -2009 Increasing Estimated Revenues and Appropriations by $18,628.00 in the Congregate Housing Fund, Repair and Maintenance for Installation of Landscaping Sprinklers Along the Front of the Vintage Pointe Housing Facility. 4. Ordinance No. 2439 -2009 Increasing Estimated Revenues and Appropriations by $7,163.00 for City Manager Pay and Benefits Increase in Excess of Originally Budgeted Amounts. 5. Resolution No. 2009 -57 Awarding the Bid to Floor Center, LLC for Kenai Fire Department Flooring Replacement 2009 for the Total Amount of $22,375.00. 6. Resolution No. 2009 -58 Confirming the Assessment Roll on the South Ames Road LID Street Improvement Special Assessment District. 7. Resolution No. 2009 -59 Authorizing the City Manager to Apply to the Department of Environmental Conservation for a Loan from the Alaska Drinking Water Fund for Water System Improvements. 8. Resolution No. 2009 -60 Authorizing the City Manager to Apply to the Department of Environmental Conservation for a Loan from the Alaska Clean Water Fund for the Construction of a Wastewater Treatment Project. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. 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 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 resolutions may be amended by the Council prior to adoption without further public notice. 4/G Carol L. Freas, Kenai City Clerk, Posted: September 11, 2009 p, AGENDA KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.d.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance No. 2436 -2009 Increasing Estimated Revenues and Appropriations by $938.08 in the General Fund for Bureau of Highway Patrol Equipment Expenses. 2. Ordinance No. 2437 -2009 Increasing Estimated Revenues and Appropriations by $5,625.00 in the Congregate Housing Fund, Professional Services for an Increase in the Caretaker Contract in Excess of Originally Budgeted Amounts. 3. Ordinance No. 2438 -2009 Increasing Estimated Revenues and Appropriations by $18,628.00 in the Congregate Housing Fund, Repair and Maintenance for Installation of Landscaping Sprinklers Along the Front of the Vintage Pointe Housing Facility. 4. Ordinance No. 2439 -2009 Increasing Estimated Revenues and Appropriations by $7,163.00 for City Manager Pay and Benefits Increase in Excess of Originally Budgeted Amounts. 5. Resolution No. 2009 -57 Awarding the Bid to Floor Center, LLC for Kenai Fire Department Flooring Replacement 2009 for the Total Amount of $22,375.00. 6. Resolution No. 2009 -58 Confirming the Assessment Roll on the South Ames Road LID Street Improvement Special Assessment District. 7. Resolution No. 2009 -59 Authorizing the City Manager to Apply to the Department of Environmental Conservation for a Loan from the Alaska Drinking Water Fund for Water System Improvements. 8. Resolution No. 2009 -60 Authorizing the City Manager to Apply to the Department of Environmental Conservation for a Loan from the Alaska Clean Water Fund for the Construction of a Wastewater Treatment Project. ITEM F: UNFINISHED BUSINESS None ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2441 -2009 Declaring that Lots 12, 13, 14, 15 and 16, Block 3, East Addition, Townsite of Kenai, Kenai, Alaska, Also Known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, Shall be Retained by the City of Kenai for a Public Purpose. 4 *Ordinance No. 2442 -2009 Increasing Estimated Revenues and Appropriations by $108,656 in the General Fund for Upgrade of the Dispatch Center and Pass- Through Funds to the Cities of Soldotna and Homer. 5 *Ordinance No. 2443 -2009 Increasing Estimated Revenues and Appropriations by $2,517.77 in the Airport Fund Training Facility, Repair and Maintenance for Major Maintenance on the Facility's Emergency Breathing System Compressor. 6. *Ordinance No. 2444 -2009 Increasing Estimated Revenues and Appropriations by $46,651 in the General Fund for the Purchase of In- Car Video Cameras and Portable Breath Test Instruments Made Possible Through an Alaska Highway Safety Office Equipment Grant. 7. Approval Agreement for Services/Vintage Pointe Caretaker 8. Approval Easement for State Communications Tower /Homer Electric Association, Inc. 9. Approval City of Kenai Pandemic Flu Emergency Response Plan 10. Discussion Schedule Board of Adjustment Hearing EXECUTIVE SESSION None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: /www.ci,kenai.ak.us. Carol L. Freas, City Clerk D/211