The URL can be used to link to this page

Home My WebLink About2017-01-18 Council PacketKENAI CITY COUNCIL — REGULAR MEETING JANUARY 18 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http: / /www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Recognition of Volunteer Services for Al Hull 5. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2934 -2017 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department ................................... ............................... Pg. 5 2. Ordinance No. 2935 -2017 — Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed through the Alaska State Library for Employee Travel And Training . ........................ Pg. 7 3. Ordinance No. 2936 -2017 — Increasing (Decreasing) Estimated Revenues and Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary Transfers in that Fund for Remaining FY2017 Projected Expenditures........................................................... ............................... Pg. 11 4. Ordinance No. 2937 -2017 — Increasing Estimated Revenues and Appropriations by $59,000 in the Airport Fund for the Purchase of Approximately 80 Acres of Real Property Described as SW1 /4 Excepting Therefrom those Portions as Per W/D 51 @ 152 and as Per Superior Court Order under Case No 3KN -86 -1406, Cl, Section 29, T6N, R11 W, to be Retained by the City for Public Use and Reserved for Airport Purposes. ............................................................................... ............................... Pg. 25 5. Ordinance No. 2938 -2017 — Increasing Estimated Revenues and Appropriations by $20,600 in the Water & Sewer Fund for the Purchase of Approximately 2.27 Acres of Real Property Described as Lots 1 and 2, Block B, Beaver Creek Alaska Subdivision Amended, Section 36, T6N, R11 W, to be Retained by the City for Public Use ........................ ............................... Pg. 41 6. Resolution No. 2017 -02 — Approving City Council Policy 2017 -01, Establishing Procedures for the Use and Management of City Issued Mobile Devices to City Council Members ........................... ............................... Pg. 51 7. Resolution No. 2017 -03 — Establishing a Sub - Committee of Council for the Purpose of Improving Efficiency in the Supervision of the City Attorney, City Clerk and City Manager and Approving Council Policy 2017 -02 Establishing Procedures and Responsibilities of the Sub - Committee ......................... Pg. 57 8. Resolution No. 2017 -04 — Authorizing the Sale of Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition, City -Owned Airport Property Located Outside the Airport Reserve, to Dean You, or His Assignee .................. Pg. 61 E. MINUTES 1. *Work Session of October 19, 2016 ........................... ............................... Pg. 67 2. *Regular Meeting of January 4, 2017 ......................... ............................... Pg. 69 F. UNFINISHED BUSINESS 1. Ordinance No. 2932 -2016 — Donating and Declaring no Longer Needed for a Public Purpose a Certain Parcel Described as Lot 17, Block 5, Original Townsite of Kenai, (KPB Parcel No. 047 - 071 -21) to the Kenaitze Indian Tribe. ............................................................................... ............................... Pg. 81 G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified .................. ............................... Pg. 91 2. *Action /Approval — Purchase Orders Exceeding $15,000. 3. Action /Approval — Mayoral Nomination and Council Confirmation to Appoint Shauna Thornton and Charlie Stevens to the Parks & Recreation Commission. ............................................................................... ............................... Pg. 93 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission ........................... ............................Pg. 95 5. Planning and Zoning Commission 6. Beautification Committee .......................................... ............................Pg. 97 7. Mini -Grant Steering Committee Kenai City Council Meeting Page 2 of 3 January 18, 2017 I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager .......................................................... ............................... Pg. 99 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None. N. ADJOURNMENT ********************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Correspondence from Mountain View /Kenai Middle School Christmas Drive Committee Thanking the City for Participating in the 2016 Christmas Drive. The agenda and supporting documents are posted on the City's website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -8231. Kenai City Council Meeting Page 3 of 3 January 18, 2017 [PAGE LEFT BLANK INTENTIONALLY] Page 4 of 110 MIA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2934 -2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING FUNDS FORFEITED TO THE KENAI POLICE DEPARTMENT. WHEREAS, the Kenai Police Department has received notice from the Court authorizing the forfeiture of $3,382.50 in drug seizure cash to the Kenai Police Department; and, WHEREAS, the cash was seized during a drug investigation, in which the Kenai Police Department was the investigating agency; and, WHEREAS, the Police Department, pursuant to conditions of acceptance, will utilize the forfeited funds in the furtherance of the administration of justice. Section 1: Form: That this is a non -code ordinance. Section 2: That the City Manager is authorized to accept and expend these funds in compliance with required terms and conditions. Section 3: That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Forfeitures $3,382.50 Increase Appropriations: Police - Transportation $3,382.50 Section 4: That pursuant to KMC 1.15.070(fl this Ordinance shall take effect upon enactment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 180) day of January, 2017. ATTEST: Sandra Modigh, City Clerk Approved by Finance: BRIAN GABRIEL, SR., MAYOR Introduced: January 4, 2017 Adopted: January 18, 2017 Effective: January 18, 2017 New Text Underlined; [DELETED TEXT BRACKETED] Page 5 of 110 / y "'Village with a Past, C# with a Future" -_ - -_ 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 FAX: 907 -283 -3014 me ciay a( 11111.r KENAI, ALASKA 1992 V MEMO* TO: Rick Koch — City Manager FROM: David Ross — Police Chief DATE: 121$12016 SUBJECT: Request ordinance appropriating asset forfeiture funds. The City of Kenai currently holds $3,382.50 in investigative seizure money. In May of 2016 the Kenai Court ordered the forfeiture of funds including $3,382.50 to the Kenai Police Department. The forfeiture is the result of a drug investigation in which the Kenai Police Department was the investigating agency. I am requesting an ordinance appropriating $3,382.50 into the general fund, police transportation account. Due to unforeseen training costs associated with sending officers to the police training academy this year, that account needs additional funds for training in this budget year. Page 6 of 110 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2935 -2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A FEDERAL GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES (IMLS) PASSED THROUGH THE ALASKA STATE LIBRARY FOR EMPLOYEE TRAVEL AND TRAINING. WHEREAS, the Kenai Community Library has received a $1,250 grant from the IMLS passed through the Alaska State Library for travel expenses of a staff member to attend the 2017 Alaska Library Association Conference to be held in Ketchikan; and, WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate these grant funds to provide staff training that will expand and enhance the services provided to patrons of the Library. Section 1: Form. That this is a non -code ordinance. Section 2: That the City Manager is authorized to accept a grant in the amount of $1,250 from the IMLS passed through the Alaska State Library for travel expenses of a staff member to attend the 2017 Alaska Library Association Conference and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 3: That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Federal Library Grants $1,250 Increase Appropriations: Library - Transportation $1,250 Section 4: That pursuant to KMC 1. 15.070(1) this Ordinance shall take effect upon enactment. New Text Underlined; [DELETED TEXT BRACKETED] Page 7 of 110 Ordinance No. 2935 -2017 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of January, 2017. ATTEST: Sandra Modigh, City Clerk Approved by Finance: BRIAN GABRIEL, SR., MAYOR Introduced: January 4, 2017 Enacted. January 18, 2017 Effective: January 18, 2017 New Text Underlined; [DELETED TEXT BRACKETED] Page 8 of 110 / /- ""Villa ye with a Past, C# with a Future r ��'\ 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 FAX: 907 -283 -3014 1111v 1992 Me di�yOf KENAIALASKA MEMO* TO: Rick Koch FROM: Mary Jo Joiner DATE: December 23, 2016 SUBJECT: Conference Attendance Grant The Alaska State Library receives funds from the Institute of Museum and Library Services (IMLS) to pay for continuing education grants. These travel funds allow staff members to attend a continuing education workshop or conference. These funds can be spent on travel, lodging, per diem and registration expenses. This year Ryanna Thurman has been awarded funds ($1,250) to attend the Alaska Library Association Conference to be held in Ketchikan, Alaska in February 2017. Page 9 of 110 [PAGE LEFT BLANK INTENTIONALLY] Page 10 of 110 V Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2936 -2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING (DECREASING) ESTIMATED REVENUES AND APPROPRIATION IN THE PERSONAL USE FISHERY FUND AND AUTHORIZING BUDGETARY TRANSFERS IN THAT FUND FOR REMAINING FY2017 PROJECTED EXPENDITURES. WHEREAS, actual revenues in the Personal Use Fishery Fund were less than projected amounts for FY2017; and, WHEREAS, budget adjustments are needed to provide for expending of funds as detailed in 2016 Dip Net Report for the remainder of FY2017. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1: Form: That this is a non -code ordinance. Section 2: That estimated revenues and appropriations be increased (decreased) as follows: Personal Use Fishery Fund Revenues: Decrease Estimated Revenues: Dock Launch & Park Dock Parking Only Credit Card Transaction Fees Participant Drop -off Fees Increase Estimated Revenues: Beach Parking Beach Camping PERS - On behalf Funding Appropriation of Fund Balance Expenditures: Public Safety - Small Tools /Minor Equipment Section 3: That the following budget revision be made: Personal Use Fishery Fund Decrease: Public Safety - Overtime Streets - Salaries New Text Underlined; [DELETED TEXT BRACKETED] Page 11 of 110 ($ 3,312) (193) (1,000) (18,233) 2,504 11,102 1,034 17.150 $ 9.052 $ 9,052 ($ 1,608) (3,006) Ordinance No. 2936 -2017 Page 2 of 3 Streets - Leave (320) Streets - PERS (696) Streets - Unemployment Insurance (53) Streets - Workers' Compensation (87) Streets - Health Insurance (585) Streets - Supplemental Retirement (38) Streets - Operating & Repair Supplies (6,508) Streets - Insurance (52) Streets - Contingency (1,000) Parks, Recreation & Beautification - Overtime (3,183) Parks, Recreation & Beautification - Unemployment Insurance (31) Parks, Recreation & Beautification - Workers' Compensation (241) Parks, Recreation & Beautification - Health Insurance (6,704) Parks, Recreation & Beautification - Supplemental Retirement (58) Parks, Recreation & Beautification - Communications (1,078) Parks, Recreation & Beautification - Rentals (5,535) Parks, Recreation & Beautification - Rentals (16,739) Boating Facility - Wages (3,387) Boating Facility - Social Security (35) Boating Facility - Workers' Compensation (20) Boating Facility - Supplemental Retirement (12) Boating Facility - Advertising (800) Boating Facility - Printing & Binding (1,500) Boating Facility - Insurance (47) Boating Facility - Rentals (546) ($53.869] Increase; Public Safety - Small Tools /Minor Equipment $ 773 Public Safety - Professional Services 8,600 Public Safety - Insurance 183 Streets - Overtime 4,107 Streets - Medicare 8 Streets - Small Tools /Minor Equipment 1,500 Streets - Rentals 5,485 Parks, Recreation & Beautification - Salaries 4,231 Parks, Recreation & Beautification - Leave 937 Parks, Recreation & Beautification - Medicare 142 Parks, Recreation & Beautification - Social Security 893 Parks, Recreation & Beautification - PERS 408 Parks, Recreation & Beautification - Office Supplies 3,000 Parks, Recreation & Beautification - Operating & Repair Supplies 911 Parks, Recreation & Beautification - Small Tools /Minor Equipment 11,093 Parks, Recreation & Beautification - Professional Services 2,300 Parks, Recreation & Beautification - Insurance 32 Parks, Recreation & Beautification - Miscellaneous 520 Boating Facility - Overtime 6,061 Boating Facility - Leave 34 Boating Facility - Medicare 34 New Text Underlined; [DELETED TEXT BRACKETED] Page 12 of 110 Ordinance No. 2936 -2017 Page 3 of 3 Boating Facility - PERS 1,451 Boating Facility - Unemployment Insurance 13 Boating Facility - Health Insurance 524 Boating Facility - Operating & Repair Supplies 629 $53.869 Section 4: That pursuant to KMC 1.15.070(f) this Ordinance shall take effect upon enactment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of January, 2017. ATTEST: Sandra Modigh, City Clerk Approved by Finance: BRIAN GABRIEL, SR., MAYOR Introduced: January 4, 2017 Adopted: January 18, 2017 Effective: January 18, 2017 New Text Underlined, [DELETED TEXT BRACKETED] Page 13 of 110 P F!",'a %�5SN, V To: Mayor Gabriel Council Members "V ilea e with a Past, 1 with a Future" FINANCE DEPA TMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 FAX: 907 -283 -3014 —I/- From: Terry Eubank, Finance Director Date: December 27, 2016 Re: Ordinance 2936 -2017 The purpose of this memo is to recommend passage of Ordinance 2936 -2017. Ordinance 2936- 2017 will increase appropriations in the Personal Use Fishery Fund to provide for purchases outlined in the 2016 Personal. Use Fishery Report. Total revenue for the fishery are estimated to be $8,118 less than originally budgeted and expenditures are projected to be $9,052 more than originally budgeted, including the items to be purchased and projected staff time for the remainder of FY2017. The result is a supplemental appropriation of fund balance in the amount of $17,150 for the remainder of FY2017. Ending fund balance after this supplemental appropriation and remaining expenditures is projected to be $130,443. Ordinance 2936 -2017 will also amend the budget of the fund to actual expenditures plus provide for what is expected to be expended by June 30, 2017 in preparation for next year's fishery. Attached is the FY2017 financial projection for the Personal Use Fishery Fund and expenditures remaining for FY2017. Page 14 of 110 City of Kenai Fiscal Year 2017 Financial Projections Fund: 006 - Personal Use Fishery Fund * Council Adopted Budget includes annually adopted budget and carryforward encumbrances. Page 15 of 110 Council * Adopted Projected YTD FY2017 Projected % FY 2017 Budget Actual Proiected Variance Available Revenues Beach Parking $ 180,350 $ 182,854 $ 182,854 $ 182,854 $ 0.00 % Beach Camping 227,650 238,752 238,752 238,752 - 0.00% Dock Launch & Park 131,700 128,388 128,388 128,388 - 0.00% Dock Parking Only 15,000 14,807 14,807 14,807 - Participant Drop -off Fee 28,950 10,717 10,717 10,717 - 0.00 %m Interest Earnings 750 750 - 750 - 0.00% PERS Grant 1,986 3,000 - 3,000 - 0.00% Credit Card Transaction Fees (3,500) (4,500) (4,141) (4,500) - Total Revenue 582,886 574,768 571,377 574,768 - - Expenditures Public Safety $ 111,599 $ 128,599 $ 100,422 $ 128,599 $ - 0.00% Streets 49,258 48,013 45,533 48,013 - 0.00% Boating Facility 72,417 79,718 67,861 79,718 - 0.00 % Parks, Recreation & Beautification 346,935 332,931 209,223 332,931 - 0.00% Total Expenditures 580,209 589,261 423,039 589,261 - 0.00% Contribution To /(From) Fund Balance: 2,677 (14,493) 148,338 (14,493) - Projected Lapse (23,150) 5,000 - 5,000 - Adjusted (Deficit )/Surplus 25,827 (9,493) 148,338 (9,493} Beginning Fund Balance 124,188 139,936 139,936 139,936 Ending Fund Balance $ 150,015 $ 130,443 $ 288,274 $ 130,443 * Council Adopted Budget includes annually adopted budget and carryforward encumbrances. Page 15 of 110 City of Kenai Fiscal Year 2017 Personal Use Fishery Summary by Line Item 5045 Depreciation 5047 Grants to Agencies Total Maint. and Operations $ 186,099 $ 196,372 $ 144,914 $ 196,372 $ - 0.00% Capital Outlay & Transfers 8061 Land - - - - 8062 Buildings - - - - 8063 Improvements - - - 0.00% 8064 Machinery & Equipment 58,000 58,000 - 58,000 - 9090 Transfers 117,200 117,200 117,200 117,200 - Total Capital Outlay and Transfers $ 175,200 $ 175,200 $ 117,200 $ 175,200 $ - 0.00% Department Total: $ 580,209 $ 589,261 $ 423,039 $ 589,261 $ 0.00% * Council Adopted Budget includes annually adopted budget and carryforward encumbrances. Page 16 of 110 Council' Account Expense Adopted Projected FY2017 Projected % Number Description FY2017 Budget Actual Projected Variance Available Salaries and Benefits 0100 Salaries $ 115,411 $ 113,249 $ 76,479 $ 113,249 $ 0.00% 0200 Overtime 52,083 57,460 57,460 57,460 0.00% 0250 Holiday Pay - - - - - - 0300 Leave 1,064 1,715 985 1,715 - 0.00% 0400 Medicare 2,446 2,630 2,044 2,630 - 0.00% 0450 Social Security 5,933 6,791 6,237 6,791 0.00% 0500 PERS 16,981 98,144 5,437 18,144 - 0.00% 0600 Unemployment Insurance 842 771 - 771 - 0.00% 0700 Workers Compensation 5,317 4,969 3,453 4,969 - 0.00% 0800 Health & Life Insurance 17,308 10,543 8,353 10,543 - 0.00% 0900 Supplemental Retirement 1,525 1,417 477 1,417 - 0.00% Total Salaries & Benefits $ 218,910 $ 217,689 $ 160,925 $ 217,689 $ - 0.00% Maintenance and Operations 2021 Office Supplies - 3,000 - 3,000 - - 2022 Operating & Repair Supplies 18,230 11,360 5,935 11,360 - 0.00% 2024 Small Tools /Minor Equipment 6,500 27,118 793 27,118 - 2026 Computer Software - - - - - 4531 Professional Services 3,500 14,400 3,300 14,400 - 4532 Communications 4,437 2,159 1,059 2,159 - 0.00% 4533 Travel & Transportation - - - - - - 4534 Advertising 800 - - - 0.00% 4535 Printing & Binding 9,950 2,915 915 2,915 0.00% 4536 Insurance 1,494 1,610 - 1,610 - 4537 Utilities 1,213 1,213 315 1,213 - 4538 Repair & Maintenance - - - - - - 4539 Rentals 134,975 128,077 128,077 128,077 - 0.00% 4540 Equip. Fund Pmts. - - - - - - 4541 Postage - - - - - 4666 Books - - - - - 4667 Dues & Publications - - - - - - 4999 General Contingency 1,000 - - - - 0.00% 5041 Miscellaneous 4,000 4,520 4,520 4,520 - - 5045 Depreciation 5047 Grants to Agencies Total Maint. and Operations $ 186,099 $ 196,372 $ 144,914 $ 196,372 $ - 0.00% Capital Outlay & Transfers 8061 Land - - - - 8062 Buildings - - - - 8063 Improvements - - - 0.00% 8064 Machinery & Equipment 58,000 58,000 - 58,000 - 9090 Transfers 117,200 117,200 117,200 117,200 - Total Capital Outlay and Transfers $ 175,200 $ 175,200 $ 117,200 $ 175,200 $ - 0.00% Department Total: $ 580,209 $ 589,261 $ 423,039 $ 589,261 $ 0.00% * Council Adopted Budget includes annually adopted budget and carryforward encumbrances. Page 16 of 110 Account Expense Number Descriptlon Total Maint. and Operations Capital Outlav & Transfers 8061 Land 8062 Buildings 8063 Improvements 8064 Machinery & Equipment 9090 Transfers Out Total Capital Outlay and Transfers Department Total City of Kenai Fiscal Year 2017 Fund: 006 - Personal Use Fishery Fund Department 21 -Public Safety Council ' Adopted Projected Year to Date FY2017 Projected % FY2017 Budget Actual Projected Variance Available $ 23,909 $ Salaries and Benefits 0100 Salaries 0200 Overtime 0250 Holiday Pay 0300 Leave 0400 Medicare 0450 Social Security 0500 PERS 0600 Unemployment Insurance 0700 Workers Compensation 0800 Health & Life Insurance 0900 Supplemental Retirement 4538 Total Salaries & Benefits Total Maint. and Operations Capital Outlav & Transfers 8061 Land 8062 Buildings 8063 Improvements 8064 Machinery & Equipment 9090 Transfers Out Total Capital Outlay and Transfers Department Total City of Kenai Fiscal Year 2017 Fund: 006 - Personal Use Fishery Fund Department 21 -Public Safety Council ' Adopted Projected Year to Date FY2017 Projected % FY2017 Budget Actual Projected Variance Available $ 23,909 $ Maintenance and Operations 2021 Office Supplies 2022 Operating & Repair Supplies 2024 Small Tools /Minor Equipment 2026 Computer Software 4531 Professional Services 4532 Communications 4533 Travel & Transportation 4534 Advertising 4535 Printing & Binding 4536 Insurance 4537 Utilities 4538 Repair & Maintenance 4539 Rentals 4540 Equip. Fund Pmts. 4541 Postage 4666 Books 4667 Dues & Publications 4999 Contingency 5041 Miscellaneous 5045 Depreciation 5047 Grants to Agencies Total Maint. and Operations Capital Outlav & Transfers 8061 Land 8062 Buildings 8063 Improvements 8064 Machinery & Equipment 9090 Transfers Out Total Capital Outlay and Transfers Department Total City of Kenai Fiscal Year 2017 Fund: 006 - Personal Use Fishery Fund Department 21 -Public Safety Council ' Adopted Projected Year to Date FY2017 Projected % FY2017 Budget Actual Projected Variance Available $ 23,909 $ 23,909 $ 16,577 $ 23,909 $ 7,970 6,362 6,362 6,362 - 462 462 333 462 1,976 1,976 1,422 1,976 - 159 159 - 159 - 823 823 428 823 33,691 $ 33,691 $ - $ 35,299 $ 25,122 $ 0.00% 0.00% 0.00% 0.00 %0 0.00% 0.00% 0.00% 1,000 10,825 - 10,825 - 8,600 - 8,600 - - 183 - 183 - $ 1,000 $ 19,608 $ - $ 18,608 $ - 0.00% 75,300 75,300 75,300 75,300 - $ 75,300 $ 75,300 $ 75,300 $ 75,300 $ - $ 111,599 $ 128,599 $ 100,422 $ 128,599 $ 0.00 % * Council Adopted Budget includes annually adopted budget and carryforward encumbrances. Page 17 of 110 FY2017 Remaining Operational Requests -P. Safety 2 Each TEO's to be hired June 1, 2016 for field training prior to fishery. 180 hours each with no overtime. Staff TEO A. SMALL TOOLS 1. Portable barricades. 2. Ballistic vests. 3. 2 each AED's. B. PROFESSIONAL SERVICES 1. Boat operator course. D. INSURANCE 1. General liability. 006 -421 -0100 $ 7,332.00 006- 421 -0400 129.00 006- 421 -0450 554.00 006 -421 -0600 159.00 006 - 421 -0700 395.00 006- 421 -2024 10,825.00 006 -421 -4531 8,600.00 006 -421 -4536 18100 Total $ 28,177.00 Hour Hours Total $ 23.80 360 $ 8,569.00 Page 18 of 110 $ 1,325.00 5,100-00 A Ant) nn 1U,825.UU t Q ann nn $ 183.00 $ 28,177.00 City of Kenai Fiscal Year 2017 Fund: 006 - Personal Use Fishery Fund Department 33 - Streets 5041 Miscellaneous 5045 Depreciation 5047 Grants to Agencies Total Maint. and Operations Council * $ 26,520 $ 24,502 $ 26,520 $ 0.00% Account Expense Adopted Projected Year to Date FY2017 Projected % Number Desc� ription FY2017 Budget Actual Projected Variance Available - - Salaries and Benefits - 8062 Buildings - 0100 Salaries $ 10,158 $ 7,152 $ 7,152 $ 7,152 $ 0.00% 0200 Overtime - 4,107 4,107 4,107 - 0250 Holiday Pay - - - - - 0300 Leave 320 - - - - 0.00% 0400 Medicare 152 160 160 160 - 0.00% 0450 Socfal Security - - - - - - 0500 PERS 2,655 1,959 1,497 1,959 - 0.00% 0600 Unemployment Insurance 53 - - - - 0.00% 0700 Workers Compensation 421 334 334 334 - 0,00% 0800 Health & Life Insurance 2,799 2,214 2,214 2,214 - 0.00% 0900 Supplemental Retirement 205 167 167 167 - 0.00% Total Salaries & Benefits $ 16,763 $ 16,093 $ 15,631 $ 16,093 $ 0.00 % Maintenance and Operations 2021 Office Supplies - - - - - 2022 Operating & Repair Supplies 8,000 1,492 1,067 1,492 2024 Small Tools /Minor Equipment - 1,500 - 11500 2026 Computer Software - - - - - 4531 Professional Services - - - - 4532 Communications - - - - 4533 Travel & Transportation - - - 4534 Advertising - - - 4535 Printing & Binding - - - - 4536 Insurance 145 93 - 93 4537 Utilities - - - - - 4538 Repair & Maintenance - - - - - - 4539 Rentals 17,950 23,435 23,435 23,435 - - 4540 Equip. Fund Pmts. - - - - - 4541 Postage - - - 4666 Books - 4667 Dues & Publications - - - - 4999 Contingency 1,000 - - - 0.00% 5041 Miscellaneous 5045 Depreciation 5047 Grants to Agencies Total Maint. and Operations $ 27,095 $ 26,520 $ 24,502 $ 26,520 $ 0.00% Capital Outlay & Transfers 8061 Land - - - - - 8062 Buildings - - - - 8063 Improvements - - - - 8064 Machinery & Equipment - - - - - 9090 Transfers Out 5,400 5,400 5,400 5,400 0.00% Total Capital Outlay and Transfers $ 5,400 $ 5,400 $ 5,400 $ 5,400 $ 0.00% Department Total: $ 49,258 $ 48,013 $ 45,533 $ 48,013 $ - 0.00% * Council Adopted Budget includes annually adopted budget and carryforward encumbrances. Page 19 of 110 FY2017 Remaining Operational Request Streets A. PERS ON- BEHALF FUNDING 1. On- behalf funding from State of Alaska B. OPERATING /REPAIR SUPPLIES 1. Sign rivets. C. SMALL TOOLS 1. Traffic candlesticks. D. INSURANCE 1. General liability. Total 006 -433 -0500 006 - 433 -2022 006- 433 -2024 006 -433 -4536 Total 462.00 425.00 1,500.00 2.480.00 Page 20 of 110 $ 462.00 $ 425.00 $ 1,500.00 City of Kenai Fiscal Year 2017 Fund: 006 - Personal Use Fishery Fund Department 45 - Parks, Recreation & Beautification * Council Adopted Budget includes annually adopted budget and carryforward encumbrances. Page 21 of 110 Council * Account Expense Adopted Projected Year to Date FY2017 Projected % Number Description FY2017 Budget Actual Projected Variance Available Salaries and Benefits 0100 Salaries $ 55,307 59,538 $ 33,379 $ 59,538 $ 0.00% 0200 Overtime 34,367 31,184 31,184 31,184 0.00% 0250 Holiday Pay - - - - - - 0300 Leave 374 1,311 985 1,311 - - 0400 Medicare 1,307 1,449 1,047 1,449 - 0.00% 0450 Social Security 2,886 3,779 3,779 3,779 0.00% 0500 PERS 9,485 9,893 1,855 9,893 0.00% 0600 Unemployment Insurance 450 419 - 419 0.00% 0700 Workers Compensation 2,584 2,343 1,613 2,343 - 0.00% 0800 Health & Life Insurance 10,838 4,134 2,471 4,134 - 0.00% 0900 Supplemental Retirement 1,015 957 83 957 - 0.00% Total Salaries & Benefits $ 118,613 $ 115,007 $ 76,396 $ 115,007 $ 0.00% Maintenance and Operations 2021 Office Supplies - 3,000 - 3,000 - - 4541 Postage - - - - - 4666 Books - - - - - 4667 Dues & Publications - - - - - 4999 Contingency - - - - 5041 Miscellaneous 4,000 4,520 4,520 4,520 5045 Depreciation - - - - 5047 Grants to Agencies - - - - - - Total Maint. and Operations $ 142,822 $ 132,424 $ 105,327 $ 132,424 $ - 0.00 % Capital Outlay & Transfers 8061 Land - - - - - 8062 Buildings - - - - - 8063 Improvements - - - - - - 8064 Machinery & Equipment 58,000 58,000 - 58,000 - - 9090 Transfers Out 27,500 27,500 27,500 27,500 - Total Capital Outlay and Transfers $ 85,500 $ 85,500 $ 27,500 $ 85,500 $ - - Department Total: $ 346,935 $ 332,931 $ 209,223 $ 332,931 $ 0.00% * Council Adopted Budget includes annually adopted budget and carryforward encumbrances. Page 21 of 110 FY2017 Remaining Operational Request P &R A. Contract administration, hiring, planning, and supervision 1. Parks & Rec. Staff $ 37,070.00 2. On- behalf funding from State of Alaska $ 1,541.00 $ 38,611.00 B. OFFICE SUPPLIES 1. Receipt fables. $ 3,000.00 C. OPERATING /REPAIR SUPPLIES 1. Signs and sign supplies. $ 2,500.00 D. SMALL TOOLS 1. Shack printer replacement. $ 10,000.00 2. Computer /Network replacement. 2,500.00 3. Dock shack heating /AC. 1,500.00 $ 14,000.00 E. PROFESSIONAL SERVICES 1. Point of Sale software modifications and improvements $ 2,500.00 F. COMMUNICATIONS 1. Fee Shack Data Connectivity 1,100.00 G. PRINTING & BINDING 1. DOOR HANGERS $ 2,000.00 H. INSURANCE 1. General liability. $ 1,099.00 I. Utilities 10, Fee Shack Electric $ 898.00 Total 65,708.00 006- 445 -0100 $ 26,159.00 006- 445 -4531 2,500.00 006- 445 - 0300 326.00 006- 445 -4532 1,100.00 006 - 445 -0400 402.00 006 -445 -4535 2,000.00 006 - 445 -0450 - 006 -445 -4536 1,099.00 006- 445 -0500 8,038.00 006 - 445 -4537 898.00 006- 446 -0600 419.00 006 - 445 --0700 730.00 006 -445 -0800 1,663.00 Total 65,708.00 006 - 445 --0900 874.00 006 - 445 -2021 3,000.00 006 -445 -2022 2,500.00 006 -445 -2024 14, 000.00 Page 22 of 110 City of Kenai Fiscal Year 2017 Fund: 006 - Personal Use Fishery Fund Department 60 - Boating Facility 5041 Miscellaneous 5045 Depreciation 5047 Grants to Agencies Total Maint, and Operations $ 15,182 $ 17,820 $ 15,085 $ 17,820 $ - 0.00 % Capital Outlay & Transfers 8061 Land - - - 8062 Buildings - - - - - 8063 Improvements - - - - 0.00% 8064 Machinery & Equipment - - - - - - 9090 Transfers Out 9,000 9,000 9,000 9,000 - - Total Capital Outlay and Transfers $ 9,000 $ 9,000 $ 9,000 $ 9,000 $ - 0.00% Department Total: $ 72,417 $ 79,718 $ 67,861 $ 79,718 $ - 0.00% * Council Adopted Budget includes annually adopted budget and carryforward encumbrances. Page 23 of 110 Council " Account Expense Adopted Projected Year to date FY2017 Available Number Description FY2017 Budget Actual Projected Budget Available Salaries and Benefits 0100 Salaries $ 26,037 $ 22,650 $ 19,371 $ 22,650 $ - 0.00% 0200 Overtime 9,746 15,807 15,807 15,807 0.00% 0250 Holiday Pay - - - - - 0300 Leave 370 404 - 404 - - 0400 Medicare 525 559 504 559 - 0.00% 0450 Social Security 1,071 1,036 1,036 1,036 - 0.00% 0500 PERS 4,841 6,292 2,085 6,292 - 0.00 % 0600 Unemployment Insurance 180 193 - 193 - 0.00% 0700 Workers Compensation 1,489 1,469 1,078 1,469 - 0.00% 0800 Health & Life Insurance 3,671 4,195 3,668 4,195 - 0.00 % 0900 Supplemental Retirement 305 293 227 293 - 0.00% Total Salaries & Benefits $ 48,235 $ 52,898 $ 43,776 $ 52,898 $ - 0.00% Maintenance and Operations 2021 Office Supplies - - - - - - 2022 Operating & Repair Supplies 2,600 3,229 729 3,229 - 0.00% 2024 Small Tools /Minor Equipment - - - - - - 2026 Computer Software - - - - - 4531 Professional Services - - - 4532 Communications - - - 4533 Travel & Transportation - - - - 4534 Advertising 800 - - - 0.00% 4535 Printing & Binding 1,500 - - - - 0.00% 4536 Insurance 282 235 235 - - 4537 Utilities - - - - - - 4538 Repair & Maintenance - - - - - - 4539 Rentals 10,000 14,356 14,356 14,356 - 0.00% 4540 Equip, Fund Pmts. - - - - - - 4541 Postage - - - - 4666 Books - - - - 4667 Dues & Publications - - - - - 4999 Contingency - - - 0.00% 5041 Miscellaneous 5045 Depreciation 5047 Grants to Agencies Total Maint, and Operations $ 15,182 $ 17,820 $ 15,085 $ 17,820 $ - 0.00 % Capital Outlay & Transfers 8061 Land - - - 8062 Buildings - - - - - 8063 Improvements - - - - 0.00% 8064 Machinery & Equipment - - - - - - 9090 Transfers Out 9,000 9,000 9,000 9,000 - - Total Capital Outlay and Transfers $ 9,000 $ 9,000 $ 9,000 $ 9,000 $ - 0.00% Department Total: $ 72,417 $ 79,718 $ 67,861 $ 79,718 $ - 0.00% * Council Adopted Budget includes annually adopted budget and carryforward encumbrances. Page 23 of 110 FY2017 Remaining Operational Request Dock A. DOCK FLOAT REPAIR 1. Street Crew $ 8,125.00 2. On- behalf funding from State of Alaska 997.00 $ 9,122.00 R. OPERATING /REPAIR SUPPLIES 1. Dock float repair supplies $ 2,500.00 C. INSURANCE 1. General liability. $ 235.00 Tota I S 1.1,857.00 006 -460 -0100 3,279.00 006- 460 -0300 404.00 006- 460 -0400 55.00 006- 460 -0450 - 006- 460 -0500 3,210.00 006 - 460 -0600 193.00 006- 460 -0700 391.00 006 - 460 -0800 527.00 006 - 460 -0900 66.00 006 -460 -0500 997.00 006 - 460 -2022 2,500.00 006 - 460 -4536 235.00 Total 5 11,857.00 Page 24 of 110 u Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2937 -2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $59,000 IN THE AIRPORT FUND FOR THE PURCHASE OF APPROXIMATELY 80 ACRES OF REAL PROPERTY DESCRIBED AS SW 1 /44 EXCEPTING THEREFROM THOSE PORTIONS AS PER W/D 51 @ 152 AND AS PER SUPERIOR COURT ORDER UNDER CASE NO 3KN -86 -1406, CI, SECTION 29, T6N, R11W, TO BE RETAINED BY THE CITY FOR PUBLIC USE AND RESERVED FOR AIRPORT PURPOSES. WHEREAS, the total purchase price for the subject approximately 80 -acre parcel is $58,000, plus estimated closing cost of $1,000, and which is less than appraised value as determined by a qualified appraiser pursuant to Kenai Municipal Code Section 21.10.190 - Acquisition of Real Property; and, WHEREAS, the purchase would provide the City's Airport additional property reserved for airport purposes; and, WHEREAS, it is in the best interest of the Airport to purchase the above described property to be retained by the City and reserved for Airport purposes; and, WHEREAS, Airport Fund Balance is sufficient and available to accommodate the purchase at this time. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, that: Section 1. Form: That this is a non -code ordinance. Section 2. That the Kenai City Council hereby authorizes the City Manager to purchase the real property known as SW 1/4 Excepting therefrom those portions as per W / D 51 @152 and as per Superior Court Order under Case No 3KN -86 -1406, CI, Section 29, T6N, R1 1W for the total purchase price of $58,000, plus $1,000 of estimated closing costs, on a form approved by the City Attorney, to be retained by the City for public use and reserved for Airport purposes.. Section 3. That the Kenai City Council further finds the acquisition of the subject parcel to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by its acquisition for the total purchase price of $58,000 plus applicable closing costs, in accordance with the recitals above which are incorporated herein. New Text Underlined; [DELETED TEXT BRACKETED] Page 25 of 110 Ordinance No. 29XX -2017 Page 2 of 2 Section 4. That estimated revenues and appropriations be increased as follows: Airport Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $59,000 Increase Appropriations: Other Buildings & Areas - Land $59.000 Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section fi. Effective Date: That pursuant to KMC 1.15.070(f , this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of January, 2017. ATTEST: Sandra Modigh, City Clerk Approved by Finance: BRIAN GABRIEL, SR, MAYOR Introduced: January 4, 2017 Enacted: January 18, 2017 Effective: February 17, 2017 New Text Underlined; [DELETED TEXT BRACKETED] Page 26 of 110 "'Villa ye with a Past C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 hAA ,,/ Telephone: 907 - 283 -75351 FAX-907-283-3014 111111 MW, AUS" 1992 Z MEMORANDUM: TO: Rick Koch, City Manager FROM: Matthew Kelley, City Planner AZ— DATE: December 23, 2016 SUBJECT: Ordinance No 2937 - 2017 Purchase of Real Property from Beatty Myrna Rocha The purpose of this communication is to provide additional information in support of Ordinance No. 2937 — 2017. The proposed Ordinance, would appropriate funding, authorize the purchase of, and retain for a public purpose real property described as SW '/4 Excepting therefrom those portions as per WID 51 @152 and as per Superior Court Order under Case No 3KN -86 -1406, Cl, Section 29, T6N, R1 1W, consisting of approximately 80- acres. Funding will be provided by an appropriation of Airport fund balance in the amount of $59,000 which is available and unappropriated at this time. The subject parcel is located on the east end of Redoubt Avenue, adjacent to the northwest boundary of the Kenai Municipal Airport. The subject parcel contains no developed access and is predominately drainage and wetlands. In the past the City has purchased properties through which natural drainages are located to protect environmentally sensitive area. Future development of the Kenai Municipal Airport in the specific area of the float plane basin would locate airport improvements near the existing Airport property boundary in this area. Purchase of the subject property would provide additional property for airport purposes. The agreed upon purchase price is $58,000 plus closing costs which is less than appraised value. The value of the subject parcel has been verified by a qualified appraiser to be $64,000. Attached, please find an aerial photograph identifying the subject property, Thank you for your consideration. Page 27 of 110 r+ c' .4 101- Ye i� 1 i fin F J' r�t ! 9 '9 2 f : lot: 01`11 w t REDOUBT REALTY %X-d BUYER'S MOVE-IN COST ESTIMATE Buyers Date Selling Price $ 5�`z, Lega lva.4 -5 6A CASH DOWN PAYMENT ESTIMATED CLOSING COSTS $ Credit Report ..................... Recording Fees $ Document Prep Fee ........ $ Tax Proration $ Assumption and/Or Transfer Fee ....... Escrow Closing Fee ................ ....... Setup Escrow Collection Fee ... Annual Escrow Collection Fee ....,....$ Sales Tax.__ � ....... $ TOTAL _0 M1 TA�DM i �&�SI _N COSTS S EARNEST MONEY ON DEPOSIT $ FUNDS NEEDED AT CLOSING $ MONTHLY PAYMENT ESTIMATE Amount of loan $ Number of years ...................... .... Interest Rate TOTAL ESTIMATED MONTHY PAYMENT-1. AGENT ztz BUYER BUYER THE ABOVE FIGURES ARE AN ESTIMATE ONLY Page 29 of 110 Licensee Relationships: The Seller and Buyer acknowledge the following: a) Listing Licensee(s) U is representing the Seller only (may assist the Buyer); or 8 is assisting both the Buyer and Seller as a Neutral Licensee; or 13 is assisting the Seller without representation under separate written agreement. b) Selling Licensee(s) 0 is representing the Buyer only (may assist the Seller); or 11111 is assisting both the Buyer and Seller as a Neutral Licensee; or 13 is representing the Seller only (may assist the Buyer); or 0 is assisting the Buyer without representa- tion under separate written agreement. 1 1) Buyer(s), City of Kenai - �. , hereby deposit(s) earnest money of 2 Zero Dollars ($ )Dollars 3 evidenced by: ❑ Cash M Personal Check ❑ Cashier's Check Cl Note, Due on {date) 4 E1 Or 5 shall be held in trust by M Listing Broker El Selling Broker 13 Other 6 as earnest money on and part payment for the purchase of real property end improvements situated in 7 Kenai (city or area) M611 (zip), in the Kemal 8 Recording District, State of Alaska, described as: 9 80 Acres off Float PlanQ Road Kenai AK 99611 _ (Address) 10 T 6N R 11W SEC 29 Seward Mendian KN SW114 EXCEPTING THEREFROM THOSE PORTIONS A S PER W/o 51 a 152 (Legal) (the Property). 11 12 Purchase Price: 13 Thousand -------- - - - - -- — ----------- ---- -- 00/100 ( 58 O00.f}0 )Dollars 14 15 Down Payment (including earnest money shown above),.. .............. ..... .................... $ or % 16 17 2) Terms: Check one below: is 19 a) M All Cash Offer: 20 No loan is needed to purchase the Property; Buyer shall provide Seller written third -party documentation verifying 21 sufficient funds to close no later than (date) (time). 22 23 b) El New Financing. Closing is contingent upon Buyer obtaining financing as follows: 24 Lender: 25 i) Buyer agrees to pay all fees and satisfy all conditions, in a timely manner, required by the Lender for pro - 26 cessing of loan application. Brokers and Licensees have made no representations as to availability of any 27 loans or interest rates. Buyer agrees that the interest rate offered by Lender is not a contingency of this Pur- 28 chase Agreement, so long as Buyer qualifies for the financing herein agreed, 29 ii) Buyer to obtain loan commitment from Lender not later than , (date). 30 iii) If Buyer fails to provide notice of inability to obtain loan commitment by such date and does not close, through 31 no fault of the Seller, Buyer shall be in default. 32 iv) If Buyer is unable to obtain loan commitment from Lender by such date, through no fault of Buyer, Buyer to 33 provide written notice to Seller and this Purchase Agreement shall terminate automatically. Form 70117. Originated 09106. Revised 07115 l 1 I 1 G 2015 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved. Page 1 of 6 Buyers) Initials Seller(s) Initials Page 30 of 110 Land Purchase and Safe Agreement This forma uthorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. �✓��^ R 92—.4s Dated_ 12/16/2016 Brokerage Dames AK IALS 1D # Brokerage Ph MLS# 15 - 2 Listing Brokerage: BedoubLEeally Selling Brokerage: Re t Realty 3035 9071262 -8855 pe - - 90722s5�� Licensee Names License # Direct Ph Cell Ph Email Address Listing 1: Edward Oberfs 16957 907- 262 -8855 26 (9071 398 -BD39 EOZ.WedoubtReai y-&pom Listing 2 18985 907. 262 - 8855 27 (907) 6177-2040 in L� aP(y eo Selling 1- Vicki K Harsha 18905 so7- 2624855 27 907 617 -2040 icki, DRed n ubtRi-Alhi Selling 2. Fdward Ob gM 16957 107- 262 -8855 26 L907) 398 -8039 Ed @,RadQubtRe alty ,tom orrn s Licensee Relationships: The Seller and Buyer acknowledge the following: a) Listing Licensee(s) U is representing the Seller only (may assist the Buyer); or 8 is assisting both the Buyer and Seller as a Neutral Licensee; or 13 is assisting the Seller without representation under separate written agreement. b) Selling Licensee(s) 0 is representing the Buyer only (may assist the Seller); or 11111 is assisting both the Buyer and Seller as a Neutral Licensee; or 13 is representing the Seller only (may assist the Buyer); or 0 is assisting the Buyer without representa- tion under separate written agreement. 1 1) Buyer(s), City of Kenai - �. , hereby deposit(s) earnest money of 2 Zero Dollars ($ )Dollars 3 evidenced by: ❑ Cash M Personal Check ❑ Cashier's Check Cl Note, Due on {date) 4 E1 Or 5 shall be held in trust by M Listing Broker El Selling Broker 13 Other 6 as earnest money on and part payment for the purchase of real property end improvements situated in 7 Kenai (city or area) M611 (zip), in the Kemal 8 Recording District, State of Alaska, described as: 9 80 Acres off Float PlanQ Road Kenai AK 99611 _ (Address) 10 T 6N R 11W SEC 29 Seward Mendian KN SW114 EXCEPTING THEREFROM THOSE PORTIONS A S PER W/o 51 a 152 (Legal) (the Property). 11 12 Purchase Price: 13 Thousand -------- - - - - -- — ----------- ---- -- 00/100 ( 58 O00.f}0 )Dollars 14 15 Down Payment (including earnest money shown above),.. .............. ..... .................... $ or % 16 17 2) Terms: Check one below: is 19 a) M All Cash Offer: 20 No loan is needed to purchase the Property; Buyer shall provide Seller written third -party documentation verifying 21 sufficient funds to close no later than (date) (time). 22 23 b) El New Financing. Closing is contingent upon Buyer obtaining financing as follows: 24 Lender: 25 i) Buyer agrees to pay all fees and satisfy all conditions, in a timely manner, required by the Lender for pro - 26 cessing of loan application. Brokers and Licensees have made no representations as to availability of any 27 loans or interest rates. Buyer agrees that the interest rate offered by Lender is not a contingency of this Pur- 28 chase Agreement, so long as Buyer qualifies for the financing herein agreed, 29 ii) Buyer to obtain loan commitment from Lender not later than , (date). 30 iii) If Buyer fails to provide notice of inability to obtain loan commitment by such date and does not close, through 31 no fault of the Seller, Buyer shall be in default. 32 iv) If Buyer is unable to obtain loan commitment from Lender by such date, through no fault of Buyer, Buyer to 33 provide written notice to Seller and this Purchase Agreement shall terminate automatically. Form 70117. Originated 09106. Revised 07115 l 1 I 1 G 2015 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved. Page 1 of 6 Buyers) Initials Seller(s) Initials Page 30 of 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Land Purchase and Sale Agreement Regarding Property Described As: Address: $0 Acres off Float Piane Road Kenai, AK 99611 _ � K Legal (the Property): T 6N R 11W SEC 29 Seward Wr#di ®n KN SW 1!4 EXC €PIING YNEREKROW THOSE PORTIONS A 5 PER WM 51 0,3 152 This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. C) ❑ Seller Financing: t) $ payable at $ , or more, per month including % interest per annum for years, which shall include (check if applicable):. p a "Due on Sale" clause, and/or 0 a "Right to Sue Under the Note" clause. Buyer shall provide Seller with Credit Report or other documentation, as required by Seller, verifying Buyer's ability to purchase according to the price, terms and conditions of the Purchase Agreement by (date). iii) Seller Financing is contingent upon the Seller's approval of the documentation from Paragraph 2c(ii) on or be- fore , (date). In the event Buyer fails to obtain Seller's approval, this purchase Agree- ment shall automatically terminate. 3) Costs: If applicable, the costs shall be paid by Buyer (B) or Seller (S) as indicated below. Costs payable by both Buyer and Seller to be shared equally. Buyer to pay for any fees due to requirements of the lender not covered below. ITEM B S ITEM R c crcu Credit Re rt _ Fitton Closing Fee Resale Certificate I Public offer Statement ,. ,� r � �r� ied' rs s raise/ Bank Set-Up Fee ndin A Document Pte Fee Recording Fee Annual Escrow Fee Talc Service Fee Solis Test Corner Survey al Fees MBrokOrae Assumefrransfier Fee Loan Ori ination Fee Flood Certification HOA Fees Owner Title Insurance Buyer Acknowledges receiving copies of the following: 0 CCR's at Plat ❑ Property Disclosure HOA Dues are: $ 4) Funds At Closing: Seller and Buyer agree before recording can take place, funds provided to the Closing Agent shall be in the following form; cash, interbank electronic transfer; money order; a certified check or cashier's check drawn on a financial institution located In the state; or any above combination that permits the Closing Agent to convert the depos- it to cash not later than the next business day (AS 34.80.040). 5) Recording /Possession: This sale shall be recorded on 01/20/2017 (date) or earlier by mutuat agree- ment. Prior to recording, Buyer and Seller agree to sign all reasonably necessary closing documents and to perform the reasonable conditions required by the Closing Agent and Buyer's Lender. 6) Prorations: Property taxes, interest on loans being assumed, prepaid rents, and HOA fees, if applicable, shall be pro- rated as of the date of recording. 7) Title/Survey: a) The Seller shall convey title by statutory warranty deed or b) Unless otherwise provided herein, this transaction is subject to Buyer's review and approval of a preliminary title re- port and copies of the exceptions it discloses showing the condition of title to the Property. Upon execution of this Purchase Agreement by all parties, Seller will, at ® Seller's D Buyer's sole expense, promptly order the report and exceptions from Stewart Title (Title Company) and furnish them to Buyer. Upon receipt of the report and exceptions, Buyer shall have 5 business days (five (5) if not filled in) within which to notify Seller, in writing, of any matters disclosed in the report which are unacceptable to Buyer. Buyer's failure to timely object, in writing, to any matters disclosed in the report shall constitute acceptance of the report. if, within 5 _ __ business days (five (5) if not filled in) following receipt of the objections, Seller fails to remove or cor- rect the matters identified in the objections, or does not give written assurances reasonably satisfactory to Buyer that they will be removed or corrected prior to the closing date this transaction shall automatically terminate, After closing, Buyer shall receive an owner's standard form policy of title insurance insuring marketable title in the Prop- erty to Buyer in the amount of the purchase price, free and clear of the objections and all other title exceptions agreed to be removed as part of this transaction. Form 70117. Originated 09106. Revised 07115 r 1 1 0 2015 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved. Page 2 of fi Buyer(s) Initials Sellers) Initials Page 31 of 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 51 Land Purchase and Sale Agreement Regarding Property Described As: Address: K Acres off Float P[gne Road Konai Alf 99,011 Legal (the Property): 7 BN R 11Vd SEC 2_ Senard Meridi2f KN SW114 EXCEPTING THEREFROM TFfOSE PORTdOXS AS PER WA) r,1 @ 152 This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska MuPtiple Listing Service, Inc. 8) Documents Required By Law: a) Buyer M has 0 has not received a copy of the Alaska Real Estate Commission Consumer Disclosure. b) In the event a Resale Certificate or a Public Offering Statement is required by law for the transfer of this Proper- ty, it is hereby agreed that the time for the Buyer to review these documents begins at the date and time that the Buyer acknowledges in writing the receipt of these documents. 9) Lot Size: Any dimensions, square footage or acreage of the Property set forth in this Agreement are estimates, and may or may not be accurate. If lot dimensions or lot size is important to the Buyer, Buyer should independently deter - mine such information. 10) Utilities: Buyer is hereby made aware that there may be cost incurred to connect utilities to subject property. No rep- resentation as to the availabifity or cost for actual utility services is made by Seller or Licensee or Broker. 11) Property Condition: a) Until the date of possession or recording, whichever is earlier, Seller agrees to maintain the Property in its current condition, subject to ordinary wear and tear. b) Buyer and Seller understand that Brokers and/or Licensees are not experts in the areas noted in Paragraph 11)e) and Buyer and Seller should rely solely on experts who are qualified in these areas. Brokers and/or their Licensees make no representations regarding the Property. c) Buyer shall have the right, at Buyer's expense, to have a licensed contractors) or other qualified professionals) to further inspect and investigate the subject Property on or before __01/1 8/2017 5:ao a.m. prr _ p.m. (time)- Buyer may terminate this Agreement and receive a return of the Earnest Money if Buyer notifies Seller or Listing Broker in writing before the end of the inspection period that Buyer is not satisfied with Buyer's inspection or investigation. If Buyer does not so notify Seller or Listing Broker of Buyer's termination of this Agreement before the end of the inspection period, Buyer shall be deemed to have waived this contingency. d) Seller shall make the premises available for all inspections. Buyer shall defend, indemnify and hold Seller, Brokers and Licensees harmless from all liability or property damage including any liens, claims, damages or costs or per- sonal injury arising from the Property inspections. This indemnity includes Seller's right to recover all costs and ex- penses incurred by Seller to enforce this subsection, including Seller's reasonable attorney fees, This provision shall survive the termination of this Purchase Agreement, e) Buyer's inspection may include, but is not limited to: square footage, school boundaries, zoning, avalanche haz- ards, pests, structural, well (quantity /quality), soils, drainage, code compliances or possible environmental hazards, waste disposal sites, underground tanks, water contamination and /or other substances /products, etc. f) Except as otherwise specifically provided in this Agreement, Buyer accepts the Property AS IS, in its present condi- tion, with all faults, latent or otherwise. g) Buyer shall, following any soil tests or other invasive examination, restore the property to its former conditon. All holes shall be filled, and any debris shall be removed. 12) Termination: In the event this Purchase Agreement is terminated as provided for in this Purchase Agreement absent a default by the Buyer, all earnest money shall be returned to the Buyer and all parties shall be relieved of their obliga- tions as set forth herein. 13) Time of the Essence and Remedies: Seller and Buyer understand that time is of the essence. if any obligation is not performed or waived as provided, or if any note or check received as earnest money or any other payment is not paid, honored or tendered when due, there shall be the following remedies: a) If Buyer is in Default: Seller's remedies shalt be limited to liquidated damages in the amount of the earnest money set forth in Paragraph 1 above. It Is agreed that such payments and things of value are liquidated damages and are Seller's sole and only remedy for Buyer's failure to perform the obligations of this contract. The parties agree that Seller's actual damages in the event of Buyer's default would be difficult to measure, and the amount of the liq- uidated damages herein provided for is a reasonable estimate of such damages. b) If Seller is in Default: Buyer may elect to treat this Purchase Agreement as canceled, in which case all earnest money paid by Buyer hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Purchase Agreement as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. Form 70117. Originated 0$106, Devised 07/15 1 1 ! f d 2015 Alaska Multiple Listing Service. inc (AK MLS) All rights reserved. Page 3 of 6 uyer(s) Initials Sellers) Initials Page 32 of 110 1 2 3 4 5 b 7 8 9 10 11 12 I3 14 15 14 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 47 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Land Purchase and Sale Agreement Regarding Property Described As: Address: 80 Acres off FlgatPjane. R a Ken i 617 Legal (the Property): T 6N R 11W SEC 29 Se ,Ird t&ndwn KN SWim EXCEPTING THEREFROM THOSE PORTION$ A S PER W!a 51 fj2 This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc, 14) Earnest Money Dispute: Notwithstanding any termination of this Purchase Agreement, Buyer and Seller agree that, in the event of any controversy regarding the earnest money held by Broker, the Broker may; a) Make the determination as to the cause of the failure of this Purchase Agreement and distribute the earnest money accordingly, or b) Require the parties to execute an agreement for the release of the earnest money, in which case the earnest mon- ey shall be distributed in accordance with such agreement. If the parties are unwilling to execute an agreement for the release of earnest money, the parties shall submit the matter to mediation as provided below, and if mediation fails, the broker may file an interpleader action in a court of competent jurisdiction requesting the court to determine the distribution of the earnest money. Broker shall be entitled to an award from the earnest money of attorneys' fees and costs. c) In the event the Broker makes a determination as to the cause of the failure of the Purchase Agreement and dis- tributes the Earnest Money accordingly, the parties hereto agree to indemnify and hold the Broker harmless from any and all claims, liabilities or fosses that either party may incur as a result of the Broker's decision. 15) Mediation:. If a dispute arises relating to this Purchase Agreement, between or among Buyer and Seller, or Brokers) and/or their representative(s), and is not resolved prior to or after recording, the parties shall first proceed in good faith to submit the matter to mediation. Costs to be shared by mutual agreement between or among the parties. Unless oth- erwise agreed in mediation, the parties retain their rights to proceed to arbitration or litigation. 16) Costs and Expenses: In the event of any arbitration or litigation relating to this Purchase Agreement, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 17) Broker: It is mutually agreed by all parties that the Brokers and /or their Licensees shall not be held liable in any man- ner whatsoever for damages arising from defaults or acts by or omissions of Buyer or Seller. a) Both Buyer and Seller acknowledge Brokers are participants of the Alaska Multiple Listing Service, Inc., (AK MLS) and are authorized to report details of the sale to AK MLS b) Buyer and Seller authorize any Lender, escrow agent, closing agent, appraiser, surveyor and any other related par- ty to this sale to furnish and provide, on request or closing, any and all information and copies of documents related to this sale to both the Listing and Selling Brokers and their Licensees. 18) Acceptance /Notice of Acceptance/Delivery: This offer may be accepted by being signed by the other party with no changes, and such acceptance shall be effective when a complete copy of the fully signed agreement is delivered to the other party by any one of the following methods: a) Hand delivery to the other party or the other party's licensee or the other party's Brokerage; b) Via email to the other party or the other party's licensee, but only if the person transmitting the email receives elec- tronic confirmation that the email was received by the intended recipient; or c) Via facsimile to the other party or the other party's licensee, but only if the transmitting fax machine prints a confir- mation that the transmission was successful. This Purchase Agreement may be signed in multiple counterparts with the same effect as if all parties signed the same documents. Delivery of a photocopy, telefax, electronic, carbon or carbonless copy of a signed original of this Purchase Agreement or any other documents referred to herein shall be treated the same as delivery of the original. 19) Foreign Investment in heal Property Tax Act: The Foreign Investment in Real Property Tax Act ( "FfRPTA ") requires every person who purchases real property located within the United States from a 'foreign person" to deduct and with- hold from the Seller's proceeds ten percent (10 %) of the gross sales price, with certain exceptions, and to pay the amount withheld to the Internal Revenue Service. A "foreign person' includes a non - resident alien individual, foreign corporation, foreign partnership, foreign trust, and foreign estate. Seller and Buyer agree to execute and deliver, as ap- propriate, any instrument, affidavit or statement, and to perform any acts reasonable or necessary to comply with FIRPTA. 20) Attachments: The fallowing attachments are hereby made part of this Purchase Agreement: i=crm 70117. Originated 09 /O6. Revised 07/15 1 Co 2015 Alaska Multiple Listing Service, Inc (AK MLS) All rights reserved. Page 4 of 6 Buyers) initials Seller(s) Initials Page 33 of 110 Land Purchase and Sale Agreement Regarding Property Described As: Address: 80 Agres off Float Plane Road, Kenai AK 990j, Legal (the Property): T 6N R 11W SEC 23 Seward Meridian KN SW1l4 EXCEPTING THEREFROM THOSE PORTIONS A 5 PER W1D 51T 152 This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. 1 2 21) Additional Terms and Conditions: 3 4 Offer Contingent on Council Approval by Resolution or Ordinance. 5 �- 7 Ctiv,r6.f T2�., r1c� 8 Lh t r 10 11 12 13 �- 14 15 16 17 18 19 20 El See attached addendum for additional terms and conditions. 21 22 22) Entire Agreement: This Purchase Agreement and any attached addenda constitute the whole agreement between the 23 parties. This document may not be modified except in writing and signed by the Parties. 24 a) Buyer agrees to purchase and pay for the above - described Property on the terms and conditions herein stated, 25 Receipt of a copy of this Purchase Agreement is hereby acknowledged. Buyer understands this is a legally binding 26 contract. 27 b) Buyer agrees that closing of the sale will constitute an acknowledgment that the premises and its systems 28 are acceptable at the time the sale is closed. 29 30 In the event the Seller or Seller's Licensee has failed to notify Buyer or Buyer's Licensee, of the Seller's signed ac- 31 ceptance prior to _0110312017 (date) _5.&L a.m. _12.m. p.m. (time), this offer shall terminate. 32 33 This Purchase Agreement has significant legal and financial consequences. You are advised to seek independent legal and 34 financial counsel, including tax advice from a tax attorney or CPA, before signing. The Brokers and Licensees cannot give 35 legal, tax or financial a vice. 36 (- 37 pate �c Time: a.m. p.m. Buyer Signpture(s) E -mail Address Office Ph(s) Cell Ph(s) Home Ph(s) Fax Ph(s) 1: _rk� _kenai.ciiy XRchoch, City Manager 2: 38 Print name(s) to be on documents 39 Mail Address 40 Physical Address 41 Name of Selling Brokers Office Redoubt Realty 42 Licensee Signature Licensee Signature 43 Selling Licensee (907) 262- 10553Selling Licensee ?YASVIQ i er: (907) _8853 44 Brokerage Fee: 45 A real estate broker may be compensated by any party to a real estate transaction, by a third party, or by one or more of the 46 parties to the transaction splitting or sharing the compensation. Seiler and /or Buyer agree to pay forthwith at closing a bro- 47 kerage fee in cash as stated in the Personal Services Agreement. (i.e. Listing Agreement, Buyer's Agreement) 48 49 rI�f 1 =or11� 70137. Originated 09/06. Revised (77115 ,IG�' c I ® 2015 Alaska Multiple Listing service, Inc. (AK MLS) All rights reserved Page 5 of 6 Buyer(s) Initials 5etler(s) Initials Page 34 of 110 Land Purchase and Sale Agreement Regarding Property Described As; Address: Plane Rpad. Kenai, K 9 _ Legal (the property): T 6N R 11W SEC 28 Seward Wlidian KN SW114 EXCEPTING THEREFROM THOSE PORTIONS A S PER WA7 51 @ 152 This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. I Seller Response: (sign only one!) 2 3 Seller accepts the foregoing offer as written. Seller agrees to sell and convey the Prop - 4 erty described on the terms and conditions herein stated. Seller understands this is a 5 legally binding contract. 6 Seller Signature(s) 1: 2. 3. Date Time: a.m p.m. 7 8 Seller makes the attached Counter Offer 9 Seller Signature(s) 1: 2. 3. Date Time: a.m. p.m. 10 I I Seiler hereby rejects the foregoing offer and declines to make a Counter Offer 12 Seller Signature(s) 13 14 15 16 17 18 I9 20 21 22 23 24 2s 26 1: 2. 3. Date Print name(s) Mail Address Physical Addr Phone E -Mail Name of Listing Broker's Office RedQUb_t_BeaJJy Time: a.m. p.m. Licensee Signature Licensee Signature Listing Licensee #1 F90IPri P. _ (9.262 -$853 Listing Licensee #2 Fvg4'�trr%b 1 Form 70117. Originated 09106, Revised 07/15 t 1 1 Q 2015 Alaska MluMple Listing Service, Inc. (AK MLS) Ail rights reserved. Page 6 of 6 Suyerls) Initlals Sellers) Initials Page 35 of 110 About This Form: ALASKA REAL ESTATE COMMISSION WAIVER OF RIGHT TO BE REPRESENTED Occasionally, a licensee is "representing" a consumer (buyer or lessee) that has interest in acquiring cq 9 a property where another consumer (seller or lessor) is also "represented" by the same licensee. Prior to showing the property, the licensee must obtain written approval from both consumers to change their working relationship from representation to providing specific assistance in a neutral capacity. AS 08.89.610 In Alaska, real estate licensees are required by taw to provide this document, prior to providing specific assistance to the j parties, in conjunction with the Alaska Real Estate Consumer Disclosure (form 08- 4145), outlining the duties of a real estate I licensee when acting in a neutral capacity. Duties of a Neutral Licensee: A neutral licensee is a licensee that provides speck assistance to both consumers in a real estate transaction. Duties owed by a neutral licensee include: a. Exercise of reasonable skill and care; b. Honest and good faith dealing; c. Timely presentation of all written communications;. d. Disclosing all material information 'known by a licensee regarding the physical condition of a property; e. Timely accounting of all money and property received by a licensee; f. Not intentionally taking actions which are adverse or detrimental to a consumer; g, Timely disclosure of conflicts of interest to both consumers for whom the licensee is providing specific assistance; h. Advising a consumer to seek independent expert counsel if a matter is outside the expertise of a licensee; i. Not disclosing consumer confidential information during or after representation without the written consent of the consumer unless required by law; and j. Not disc sing the terms or the amount of money a consumer is willing to pay or accept for a property. f f E t 2 20 11L Rick Kqj a, City Manager, City of K,snaa / Date Date 6�-4 e " — -,-5 I�L �f i "- , /'i},vel-, `! %lv Rgdoubt Reams Real Estate Licensee Vicki K Harsha & Ed Oberts I Date Real Estate Company If authorized by consumers, the neutral licensee may analyze and provide information on the merits of a property or transaction, discuss price terms and conditions that might be offered or accepted, and suggest compromise solutions to assist them in reaching an agreement. Additional-Au horization: I hereby authorize the 'neutral" licensee to engage in the following conduct in a good faith effort to assist in reaching final agreement in a real estate transaction: Analyzing, providing information, and reporting on the merits of the transaction to each consumes; Discussing the price, terms, or conditions that each consumer would or should offer or accept; or Suggesting compromises in the consumer's respective bargaining positions. 08 -4212 (0212015) Date Page 36 of 110 Date ALASKA REAL ESTATE COMMISSION CONSUMER DISCLOSURE This Consumer Disclosure, as required by law, provides you with an outline of the duties of a real estate licensee (licensee). This document is not a contract. By signing this document you are simply acknowledging that you have read the information herein provided and understand the relationship between you, as a consumer, and a licensee. (AS 08.88.600 — 08.88.695) There are different types of relationships between a consumer and a licensee. Following is a list of such relationships created by law: Specific Assistance The licensee does not represent you. Rather the licensee is simply responding to your request for information. And, the licensee may "represent' ' another party in the transaction while providing you with specific assistance. Unless you and the licensee agree otherwise, information you provide the licensee is not confidential. Duties owed to a consumer by a licensee providing specific assistance include: a. Exercise of reasonable skill and care; b. Honest and good faith dealing; c. Timely presentation of all written communications; d. Disclosing all material information known by a licensee regarding the physical condition of a property; and e. Timely accounting of all money and property received by a licensee. Representation The licensee represents only one consumer unless otherwise agreed to in writing by all consumers in a transaction. Duties owed by a licensee when representing a consumer include: a. b. c. d. e. f. Duties owed by a licensee providing specific assistance as described above; Not intentionally take actions which are adverse or detrimental to a consumer; Timely disclosure of conflicts of interest to a consumer; Advising a consumer to seek independent expert advice if a matter is outside the expertise of a licensee; Not disclosing consumer confidential information during or after representation without written consent of the consumer unless required by law; and Making a good faith and continuous effort to accomplish a consumer's real estate objective(s). Neutral Licensee A neutral licensee is a licensee that provides spec assistance to both consumers in a real estate transaction but does not "represent" either consumer. A neutral licensee must, prior to providing specific assistance to such consumers, secure a Waiver of Right to be Represented (form 08 -4212) signed by both consumers. Duties owed by a neutral licensee include: a. Duties owed by a licensee providing specific assistance as described above; b. Not intentionally taking actions which are adverse or detrimental to a consumer; CL Timely disclosure of conflicts of interest to both consumers for whom the licensee is providing specific assistance; d. If a matter is outside the expertise of a licensee, advise a consumer to seek independent expert advice; e. Not disclosing consumer confidential information during or after representation without written consent of the consumer unless required by law; and Jr. Not disclosing the terms or the amount of money a consumer is willing to pay or accept for a property if different than what a consumer has offered or accepted for a property. If authorized by the consumers, the neutral licensee may analyze and provide information on the merits of a property or transaction, discuss price terms and conditions that might be offered or accepted, and suggest compromise solutions to assist consumers in reaching an agreement. Designated Licensee in a real estate company, a broker may designate one licensee to represent or provide specific assistance to a consumer and another licensee in the same office to represent or provide speck assistance to another consumer in the same transaction. 08 -4145 (Rev. 0212015) Page 1 of 2 Page 37 of 110 ACKNOWLEDGEMENT: IWO. Rich Koch, City Manager, City of Kenai have read the information provided in this Alaska Real Estate (print consumer's name(s)) Consumer Disclosure and understand the different types of relatlonships Ifwe may have with a real estate licensee, IWO understand that Vicki K Harsha & Ed Obents of Redoubt Really (licensee name) (brokerage name) will be working with melus under the relationship(s) selected glow. I (fnitlal) i Specific assistance without representation. Representing the Seller /Lessor only, (may provide specific assistance to BuyedLessee) Representing the Buyer /Lessee only. (may provide specific assistance to Seller /Lessor) Neutral Licensee, (must attach Waiver of Right to be Represented, form 08-42%12) Date' � / Z/ Signature: el !L-�''/e �1 G'� -�' �✓ (Livens' Vicki K Harsha & Ed ObeHs Date: Signature: ( onsumer) Date: Signature: (Consumer) THIS CONSUMER DISCLOSURE IS NOT A CONTRACT I 08 -4145 (Rev. 02!2015) Page 2 of 2 Page 38 of 110 "Villa ye with a Fast, Gi with aFuture" • . 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -75351 FAX: 907 -283 -3014 1 L"KA 1992 MEMORANDUM: TO: Paul Ostrander, City Manager (), FROM: Matthew Kelley, City Planner mj� DATE: January 12, 2016 SUBJECT: Ordinance No 2937 - 2017 Purchase of Real Property from Beatty Myrna Rocha The purpose of this communication is to provide additional information in support of Ordinance No. 2937 — 2017. The proposed Ordinance, would appropriate funding within the Airport Fund as well as authorize the purchase of, and retain for a public purpose real property described as SW '/ Excepting therefrom those portions as per W/D 51 x@152 and as per Superior Court Order under Case No 3KN -86 -1406, Cl, Section 29, T6N, R1 1W, consisting of approximately 80- acres. It has come to the attention of the City that Ms. Beatty Rocha the owner of the subject parcel has passed away. Staff has spoken with Mr. Edward Oberts who is representing Ms. Rocha regarding the purchase of the subject parcel. Mr. Oberts has stated that the family of Ms. Rocha still wishes to move forward with the sale of the subject parcel to the City. Upon approval by the City Council, the City will move forward with the purchase of the subject parcel from the Heirs of Ms. Rocha. Therefore, the Purchase and Sale Agreement would be updated to reflect who the owner of the property is once Ms. Rocha's estate has been settled. Thank you for your consideration. Page 39 of 110 MacSwain Associates LLC 4401 Business Park Blvd,, Suite 22 Anchorage, Alaska 99503 Phone; 907-561 -1965 Fax: 907 -561 -1955 s.maeswain@macswain.com November 30, 2016 Matt Kelley City Planner City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Re: 80 Acres of Recreational Land Located within Township 6 North, Range 11 West, Section 29, Seward Meridian Kenai, Alaska Dear Mr. Kelley: We have prepared an Appraisal ,Report of the above- referenced property. The appraised property consists of 80 acres of recreational land. The property rights appraised is the fee simple interest. The report is prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). Based on the data, reasoning, and analysis that follow, we are of the opinion that the market value of the appraised property, as of November 3, 2016, is as follows. SIXTY FOUR THOUSAND DOLLARS ($64,000) Your attention is directed to the Assumptions and Limiting Conditions of this report. We hope the appraisal report assists your evaluation of the property. If you have any questions regarding this report, please contact our office. Respectfully, :5 Steve MacSvwain, MAI State of Alaska Certificate No. 42 16- 2993 (3): 30 -Acre Rocha Parcel, Kenai, .ilaska Page 40 of 110 u Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2938 -2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,600 IN THE WATER 8v SEWER FUND FOR THE PURCHASE OF APPROXIMATELY 2.27 ACRES OF REAL PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK B, BEAVER CREEK ALASKA SUBDIVISION AMENDED, SECTION 36, T6N, R11W, TO BE RETAINED BY THE CITY FOR PUBLIC USE. WHEREAS, the total purchase price for the two subject parcels containing approximately 2.27 acres is $20,000, plus estimated closing cost of $600, which is less than appraised value as determined by a qualified appraiser pursuant to Kenai Municipal Code Section 22 .05.135 - Acquisition. of Real. Property; and, WHEREAS, the purchase would provide the City additional property reserved for public use for the protection of the City's Municipal Wells; and, WHEREAS, it is in the best interest of the City to purchase the above described property to be retained by the City and Municipal Well protection purposes; and, WHEREAS, Water & Sewer Fund, Fund Balance is sufficient and available to accommodate the purchase at this time. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, that: Section 1. Form: That this is a non -code ordinance. Section 2. That the Kenai City Council hereby authorizes the City Manager to purchase the real property known as Lot's 1 and 2, Bloch B, Beaver Creek Alaska Subdivision Amended, Section 36, T6N, R11W, for the total purchase price of $20,000 plus estimated closing costs of $600, on a form approved by the City Attorney, to be retained by the City for public use. Section 3. That the Kenai City Council further finds the acquisition of the subject parcel to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by its acquisition for the total purchase price of $20,000 plus estimated closing costs of $600, in accordance with the recitals above which are incorporated herein. New Text Underlined; [DELETED TEXT BRACKETED] Page 41 of 110 Ordinance No. 29XX -2017 Page 2 of 2 Section 4. That estimated revenues and appropriations be increased as follows: Water & Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance $20,600 Increase Appropriations: Water - Land $20,600 Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 6. Effective Date: That pursuant to KMC 1.15.070(fj, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of January, 2017. BRIAN GABRIEL, SR, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: Introduced: January 4, 2017 Enacted: January 18, 2017 Effective: February 17, 2017 New Text Underlined; [DELETED TEXT BRACKETED] Page 42 of 110 lul a Future with "�Vi la e with a Past, Gi t► 'r 9 �' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 krIVA Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 '111 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Matthew Kelley, City Planner /�4 DATE: December 23, 2016 SUBJECT: Ordinance No 2938 - 2017 Purchase of Real Property from Douglas W. Cofer The purpose of this communication is to provide additional information in support of Ordinance No. 2938 -- 2017. The proposed Ordinance, would appropriate funding for the purchase of real property described as Lot's 1 and 2, Block B, Beaver Creek Alaska Subdivision Amended, Section 36, T6N, R11 W, Seward Meridian, consisting of approximately 2.27 acres. The subject parcels are located on at the Southeast corner of Shotgun Drive and Minchumina Avenue (undeveloped), one lot north of the Kenai Spur Highway near Milepost 6.5 of the Kenai Spur Highway. The subject parcels consist of two rectangular - shaped lots which are sparsely vegetated, low -lying lands. Lot 1 contains a small gravel pad which is undeveloped. Lot 2 is also undeveloped. Future development of the City's Municipal Wells in this specific area could locate water and sewer infrastructure improvements on the two subject parcels. Purchase of these two subject parcels would provide additional property for future municipal well improvements. The agreed upon purchase price is the lesser of $25,000 or appraised value, as determined by a qualified real estate appraiser. The City retained the services of a qualified appraiser which they determined the value of the subject parcels to be $20,000. Thus the purchase price of both Lot's 1 and 2 will be $20,000. Funding will be provided by an appropriation of the Water & Sewer Fund, fund balance in the amount of $20,600 which is available and unappropriated at this time. Attached, please find an aerial photograph identifying the subject property Thank you for your consideration. Page 43 of 110 . ` 'mss:`'•; mk -a, - - -- - s• � r I .i � ��•' �A tits �. - � 3 � ,i.� ti i A-4 n t kill vu .. •.�� Tom,. •1 ��i� : � ,' \�` � i � �. wires° - ..r Yi - KPB Parcel No: 04106201 & 04106201 Owner: Douglas W. Cofer Acreage: 2.27 Zoning: Rural Residential h / e � � s Kxs`ausu 0 120 240 480 Feet EARNEST MONEY RECEIPT AND AGREEMENT Received from City of Kenai hereinafter called PURCHASER, the sum of $0.00, in the form of a check payable to Stewart Title of the Kenai Peninsula in trust for Douglas W. Cofer and Brenda K. Cofer hereinafter called SELLER, as Earnest Money on NIA (date), in part payment of the purchase price of the following described real property: Legal Description: Lots 1 & 2, Block B, Beaver Creek Alaska Sub Amended, 81 -101 (04106201 & 04106202). In the Kenai Recording District, Third Judicial District, State of Alaska. The total purchase price is $20,000.00, payable as follows: $ earnest money ®balance due at closing OR ❑Bank loan with OR ❑ Owner Finance $ payable at $ or more per Including/Plus interest at %. Interest accrues from . First payment due Amortized years [-]Due on Sale Clause Late fee of$ for _past due. ❑Full Coverage Insurance Required. Collect at Other terms: THE CLOSING COSTS are to be paid between Seller and Purchaser as follows: Indicate: (S) = Seller; (P) = Purchaser; (50150) = Split equally between Seller and Purchaser S Owners Title insurance Lenders Insurance 50 150 Escrow Settlement/Closing Fee 50150 Recording Fee Escrow Set Up Fee Escrow Annual Fee Attorney Doc Prep Fees Delinquent Property Taxes Pending/Levied Assessments Clear Existing Liens As -Built Survey Fee Appraisal Final Inspection on Appraisal Other Costs Origination Fee Connnitment Fee Discount Points Tax Registration Fee Flood Certification Credit Report Document Preparation Fee MIP/PMI V.A. Funding Fee Establish/Replace Reserves on New Loan Interest to Closing Date New Loan Well /Septic Testing (if required by lender) Home Inspection Fee Smoke Detectors WARNING: IT IS PURCHASER'S AND SELLER'S RESPONSIBILITY TO SEED AND CONSULT WITH OWN INDEPENDENT LEGAL ADVISOR, TAX ADVISOR, BUILDING & SOIL INSPECTOR, LAND SURVEYOR, WATER & SEWER ENGINEER, OR OTHER APPROPRIATE ADVISOR FOR THIS TRANSACTION AND AT THE SOLE COST TO THE PARTY REQUESTING SUCH SERVICES) UNLESS OTHERWISE STATED ABOVE. SUCH SERVICE OR DILIGENT INQUIRY SHALL BE COMPLETED WITHIN 10 DAYS OF SELLER'S SIGNATURE HEREON OR ANY OTHER TIME FRAME AND MUTUALLY AGREED TO IN WRITING BETWEEN SELLER AND PURCHASER. 1. The title is to vest and read: City of Kenai ( ❑husband and wife, ❑ married, ❑ unmarried,) Page 45 of 110 Seller agrees to furnish and deliver to Purchaser as soon as procurable a purchaser's policy of title insurance to be issued by Stewart Title of the Kenai Peninsula. If the title cannot be made clear as aforesaid within 20 days from the issuance of a preliminary title report, Purchaser may cancel this agreement and Seller must refund the earnest money. It is also agreed that the Purchaser may waive defects or require the price to be renegotiated to cover any defects or encumbrances at the Purchaser's sole discretion without loss of the earnest money refund. 3, If title is made good on or before closing and the Purchaser neglects or refuses to complete the purchase, the earnest money may, at Seller's sole option, be forfeited as liquidated damages, which shall not preclude any other remedy available at law or in equity, if any. 4. The property shall be conveyed by WARRANTY DEED free of encumbrances except for rights reserved in federal patents or state deeds, building or use restrictions general to the district, and building or zoning regulations and provisions shall not be deemed defects nor encumbrances. Any defects or encumbrances may be discharged at closing out of the purchase money. 5. Taxes for the current year, rents, interest, mortgage reserves, will be prorated as of the date of closing. 6. Possession will occur on recording. 7. Purchaser offers to purchase the property on the terms noted in its present condition and this agreement is issued subject to: a. Subject to approval of City Council b. C. d. e. S. The sale shall be closed in the offices of Stewart Title of the Kenai Peninsula with an escrow or closing agent on or before February 24, 2017 (date) "Closed" shall mean the day the deed of contact is recorded and funds are to be disbursed. 9. Purchaser and the Seller will, on demand of either, deposit in escrow with the closing agent all instruments and monies necessary to complete the purchase. 10. There are no verbal or other agreements which modify or affect this agreement. Time is of the essence of this agreement. WHEREFORE the Seller and purchaser being in accord do bind themselves hereto by their signatures hereunder: 2 Page 46 of 110 RCHASER: name) City of Kenai, Paul Ostrander, City Manager (print name) Telephone: _ Fax: email: Address: (sign name) (print name) Telephone: Fax: email: Address: Date: Date: Page 47 of 110 SELLER: Date: name) Douglas Cofer (print name) Telephone: (907) 252 -3558 Fax: email: coferdoug@yahoo.com Address: 6223 Kenai Spur Highway Kenai, AK 99611 name) Brenda Cofer (print name) Telephone: Fax: email: 1. Lender: _ Loan #: telephone #: 1. Lender: _ Loan #: _ telephone #: Address: Date: ion: AFTER RECORDING RETURN TO: City of Kenai 210 Fidalgo Ave., Ste. 200 Kenai, AK 99611 STATUTORY WARRANTY DEED The Grantor(s): Douglas W Cofer and Brenda K. Cofer, husband and wife, whose address is: 6223 Kenai Spur Highway, Kenai, AK 99611 for and in consideration of the sum of ten dollars ($10.00), lawful money of the United States, and other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, do hereby GRANT, CONVEY and WARRANT to: The Grantee(s): City of Kenai, whose address is: 210 Fidalgo Ave., Ste.200, Kenai, AK 99611 the following described real property, together with all tenements, hereditaments, and appurtenances located in the Kenai Recording District, Third Judicial District, State of Alaska: Lots One (1), and Two (2), Block B, BEAVER CREEK ALASKA SUBDIVISION AMENDED, according to Plat No. 81 -101, Kenai Recording District, Third Judicial District, State of Alaska. EXCEPTING THEREFROM THE SUBSURFACE ESTATE and all rights, privileges, immunities and appurtenances of whatsoever nature accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of 12 -18 -71 (85 Stat 688, 704; 43 U.S.C. 1601, 1613(f) (1976) as reserved by the United States of America. FURTHER SUBJECT to reservation and exceptions in U.S. Patent and otherwise of record, real property takes, if any due, notes on plat, and covenants and restrictions of records. DATED: January , 2017 Grantor. Douglas W. Cofer Brenda K. Cofer State of Aiaska ) Third Judicial District ) ss. On this day of January, 2017, before me, the undersigned, a Notary PuUic in and fo1 said State, personally appeared Douglas W. Cofer and Brenda K. Cofer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narne(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by his'herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public in and for the State of Alaska My Commission Expires: - ile NO.: 15898 AK Statutory Warranty Deed IndIV 5P Page 48 of 110 Page 1 of 1 lUlac -% wain Associates LLG 4401 Business Park Blvd., Suite 22 Anchorage, Alaska 99503 Phone: 907 -561 -1965 Fax: 907- 561 -1955 s. m aeswain@,,m acs wain. com November 30, 2016 Matt Kelley City Planner City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Re: 2.27± Acres of Residential Land Lots i & 2, Block B, Beaver Creek Alaska Subdivision, Plat No. 81 -101 Kenai, Alaska Dear Mr. Kelley: We have prepared an Appraisal Report of the above- referenced property. The appraised property consists of 2.27 acres of residential land improved with a small gravel pad. The property rights appraised is the fee simple interest. The report is prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). Based on the data, reasoning, and analysis that follow, we are of the opinion that the market value of the appraised property, as of November 3, 2016, is as follows. TWENTY THOUSAND DOLLARS ($20,000) Your attention is directed to the Assumptions and Limiting Conditions of this report. We hope the appraisal report assists your evaluation of the property. If you have any questions regarding this report, please contact our office. Respectfully, 50_1. -a-- Steve MacSwain, MAI State of Alaska Certificate No. 42 16- 2993(1 ): Lots 1 & 2, Block B, Beaver Creek Alaska Subdivision, Kenai, Alaska Page 49 of 110 [PAGE LEFT BLANK INTENTIONALLY] Page 50 of 110 02 Sponsored by: City Clerk Modigh CITY OF KENAI RESOLUTION NO. 2017 -02 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING CITY COUNCIL POLICY 2017 -01, ESTABLISHING PROCEDURES FOR THE USE AND MANAGEMENT OF CITY ISSUED MOBILE DEVICES. WHEREAS, the City of Kenai recognizes that many municipalities have moved in the direction of paperless meeting packets due to cost savings, efficiency and convenience; and, WHEREAS, legislative bodies have been able to integrate mobile devices into their duties without significant disruption or transition time; and, WHEREAS, the City Council desires to move forward with mobile devises and paperless meeting packets, and recognizes the need to establish criteria governing the use and management of City issued mobile devices; and, WHEREAS, City issued mobile devices are intended to replace the paper meeting packets that are produced for the Mayor, Council Members, and staff designated by Council; and, WHEREAS, paper meeting packets will continue to be available to the public upon request in the Clerk's Office pursuant to Kenai Municipal Code 1. 15.040 (h) and to the Kenai Library as is current practice. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA; Section 1. That the City Council of Kenai adopts Resolution No. 2017 -02 establishing Policy No. 2017 -01 (attached) that will govern the use and management of City issued mobile devices. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of January, 2017. BRIAN GABRIEL, SR., MAYOR ATTEST: Sandra Modigh, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] Page 51 of 110 Attachment A of Resolution No. 2017 -02 POLICY NO. 2017-01: KENAI COUNCIL MOBILE DEVICE USE & MANAGEMENT A. Purpose The City of Kenai recognizes the benefits of utilizing digital communication and information, and supports the utilization of the mobile devices by the Mayor and City Council Members. Users of City issued mobile devices acknowledge, understand and agree to the underlying mobile device and internet usage philosophy that form the basis of this policy. B. Receipt of Mobile Device The City Clerk's Office will issue and administer the use of mobile devices that include appropriate applications for use relating to City business. The mobile device will serve as the sole source of meeting packets for City Council Members. C. Care of Mobile Device Users are responsible for the general care of the mobile device that they have been issues by the City. Mobile devices must remain free of any writing, drawing, stickers, or labels that are not the property of the City. Only a clean soft cloth should be used to clean the screen. D. Security of the Mobile Device The City Council Member shall maintain a secure PIN or other password protection and a time - out setting on the device to avoid access by unauthorized users. The PIN must be provided to the City Clerk and through the City Clerk's Office made accessible to the Information Technology (IT) Manager. The PIN may not be shared with any unauthorized users. E. Software on Mobile Device The software and applications installed by the City must remain on the mobile device in usable conditions and be readily accessible at all times. The user may not remove any software or applications installed by the City. From time to time, the City may add or upgrade software applications such that users may be required to check in their mobile devices with the City Clerk for periodic updates and syncing. In the event it becomes necessary to restore a mobile device to its original condition, the City will not be held responsible for the loss of any software or documents or pictures deleted due to a re- format and re- imaging. Files from sources that a user may have any reason to believe may be untrustworthy shall not be downloaded, nor shall files attached to email transmissions be opened and read unless the user has knowledge that they originate from a trustworthy source. Downloaded files and attachments may contain viruses or hostile applications that could damage the City's information systems. Users will be held accountable for any damage caused by files obtained for non -City business purposes. F. Life of the Mobile Device City issued mobile devices will be assessed annually and, if necessary, the City will purchase upgraded devices through the budgeting process. Page 52 of 110 Kenai City Council Policy No. 2017 -01 Attachment A for Resolution No. 2017 -02 G. WARNING —NO PRIVACY Communications made via City issued devices may be subject to disclosure under the Kenai Municipal Code Chapter 10.40, Release of Public Records, the Alaska Public Records Act or for litigation purposes unless a privilege or exception exists that justifies withholding the information. H. Audits All City issued mobile devices are subject to audit by the City. Excessive data usage may be investigated, and any additional costs that cannot be justified for official City purposes may be passed on to the user of the device. If contacted, users have three business days to provide their mobile device to the City Clerk. They will be provided a "loaner" to use in the interim. Typically, the mobile device will be returned to the user within five business days. I. Representations While operating a City issued mobile device a user advocating, advancing or expressing any individual religious, political or personal views or opinions must clearly indicate that their views are personal and not those of the City. Users may not represent their statements as official City policy unless authorized to do so. J. Email Usage for City Business For the purposes of activity related to City business, the user shall conduct all email communication through their assigned City email account. All emails on the City email account are archived and retained by the City. This account shall be synced to the mobile device as well, but all City related business must be conducted through the City email address or copied to the City email address if the user's personal email box is used. Where possible, the user's assigned City email account must be configured as the primary or default account on the mobile device. K. Acceptable Use The mobile device, Internet and email access provided are tools for conducting City business. Thus, City use of such tools will be primarily for City business related purposes; i.e., to review City agenda materials and obtain useful information for City related business communications as appropriate. All of the City's computer systems, including the mobile device, are considered City property. Mobile device, Internet and email activities will be traceable to the City and will impact the reputation of the City. City issued mobile devices shall not be used to send or knowingly download any vulgar, discriminatory or pornographic content. Users shall refrain from making any false or defamatory statements, or from disclosing private facts without written authorization by the affected parties, in any Internet forum or from committing any other acts that could expose the City to liability. City issued mobile devices are not to be used for operating a business for personal gain, sending chain letters or any other purpose that interferes with the normal City business activities. Users shall not use City issued mobile devices for any illegal activity. Users will not store any protected City data (SSNs, Credit Card Numbers, Health information, etc.) on the mobile device. Page 2 of 4 Page 53 of 110 Kenai City Council 'Policy No. 2017 -01 Attachment A for Resolution No. 2017 -02 Users shall not use the mobile device during or outside of a city council meeting in any way that violate the Open Meetings Act requirements of the State of Alaska and the City of Kenai. Mobile device users are allowed to have music, photos, videos and install apps on their mobile device; however, the items downloaded and synced to the mobile device must be in compliance with Federal copyright laws and shall be acquired at the expense of the user. Any apps downloaded by the user must originate from official sources. Users are encouraged to limit photos and videos, as the amount of digital storage available on the mobile device is limited. If at any time user purchased content or application interfere with the proper operation of the mobile device, at the City's sole discretion, user purchased content and applications may be removed to ensure proper operation of the mobile device. L. User Responsibility It is the responsibility of the user to ensure the City provided mobile device is kept reasonably safe, protected from damage or theft. Mobile devices must remain free of any writing, drawing stickers or labels that are not the property of the City. Should a mobile device be accidentally lost, damaged or stolen, responsibility shall be as follows: 1. First time: City shall repair or replace at no cost to the user. 2. Second time: The City shall pay half the cost of repair or replacement and the user shall pay half the cost. 3. Third time: The user shall be entirely responsible for repair or replacement costs and shall replace the unit within two weeks of the equipment loss. Mobile devices that are damaged or destroyed through intentional misuse must be repaired or replaced at the user's expense. Exceptions for situations that are due to extenuating circumstances may be authorized by the Mayor. M. Loss or Theft of the Mobile Device, Remote Wipe The user of the device must notify the Clerk's Office immediately or as soon as practicable upon loss, theft or suspected loss /theft of the device. Where possible, the contents of the device will be remotely erased and the services associated with the device will be disabled. N. Return of the Mobile Device Upon completion of at least one full term of service, the City Council Member may retain their City issued mobile device for their personal use following the purge of all information and City software. The City Council Member shall therefore return their mobile device to the Clerk's Office when the individual member's term of service has ended. Upon completion of the Council Member's term(s) of service, which must include one full term, the mobile device will be wiped clean of any and all information at the end of the term of service. After it is wiped clean, the City Council Member will be given the option to retain the mobile device for personal use as a token of appreciation for their services. In the event the City Council Member does not serve a full term, the mobile device will be returned to the City Clerk's Office. It will be the City Council Member's responsibility to remove any personal data from the device prior to returning the device to the City Clerk's Office where it will be purged of all information. Page 3 of 4 Page 54 of 110 Kenai City Council Policy No. 2017 -01 Attachment A for Resolution No. 2017 -02 U. Indemnification The City bears no responsibility whatsoever for any legal action threatened or commenced due to conduct and activities of City Council Members in accessing or using these resources. All City Council Members agree to indemnify and hold harmless the City against any and all claims of any kind or nature whatsoever for damages, including tangible and intangible damages, costs and expenses suffered by the City arising out of any unlawful or improper conduct and activity, and in respect of any action, settlement or compromise, or any statutory infringement. Legal prosecution following a breach of these conditions may result independently from any action by the City. P. Compliance with Policy The City reserves the right to inspect any and all files stored on mobile devised that are the property of the City in order to ensure compliance with this policy. Users do not have any personal privacy right in any matter created, received, store in or sent from any City issued mobile devise, and the City Clerk is hereby authorized to institute appropriate practices and procedure to ensure compliance with the policy. Any violation of this policy may result in discipline pursuant to Council direction. Effective Date: January 18, 2017 Approved by Resolution 2017 -02 ATTEST: Sandra Modigh, City Clerk Page 4 of 4 Page 55 of 110 BRIAN GABRIEL, SR., MAYOR "Village with a Past, C# with a Future" - 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 \ Telephone: 907- 283 -75351 FAX: 907- 283 -3014 I I I Ike city of / 1992 \V MEMORANDUM: TO: Mayor & City Council Members FROM: Sandra Modigh, City Clerk DATE: January 13, 2017 SUBJECT: Resolution No. 2017 -02 — Establishing Procedures for the Use and Management of City Issued Mobile Devices Resolution No. 2017 -02 establishes procedures for the use and management of City issued mobile devices for the Mayor and City Council Members. The City Council recognizes that many municipalities have moved in the direction of paperless meeting packets due to cost savings, efficiency and convenience. The City issued mobile devices will replace the paper meeting packets that are currently printed and distributed by the Clerk's Office. However, pursuant to Kenai Municipal Code 1.15.040 (h) paper meeting packets will continue to be available to the public upon request and to the Kenai Library. Currently the Clerk's Office only prints two paper packets for residents that have requested; therefore, I see no need to amend Code and discontinue this practice. The mobile devices will be issued and managed by the Clerk's Office. The Clerk's Office will download applications necessary for Council Members to conduct City business (e.g. iLegislate, City Email, Kenai Municipal Code, etc.). Upon approval of this policy, the Clerk's Office will move forward with the purchase of additional iPads and accessories, and will conduct a training for City Council Members on the use of the iPads and the iLegislate software. Your consideration is appreciated. ISM/ Page 56 of 110 U Sponsored by: Mayor Gabriel CITY OF KENAI RESOLUTION NO. 2017 -03 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A SUB - COMMITTEE OF COUNCIL FOR THE PURPOSE OF IMPROVING EFFICIENCY IN THE SUPERVISION OF THE CITY ATTORNEY, CITY CLERK AND CITY MANAGER AND APPROVING COUNCIL POLICY 2017 -02 ESTABLISHING PROCEDURES AND RESPONSIBILITIES OF THE SUB - COMMITTEE. WHEREAS, pursuant to the City's Charter, Municipal Code and respective employment contracts, the City Attorney, City Manager and City Clerk are appointed and removed by the City Council; and, WHEREAS, the City Council currently meets with the City Attorney, City Manager and City Clerk once a year for a performance review; and, WHEREAS, the City Council and its three employees will likely benefit from more frequent and informal interactions regarding performance; and, WHEREAS, establishing a Supervisory Sub - Committee and policy for the subcommittee is intended to facilitate communication and efficiency between the City Council and it employees. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council hereby establishes a Supervisory Sub - Committee of the City Council consisting of three Councilmembers for the purpose of carrying out performance related communications with the City Attorney, City Manager and City Clerk pursuant to Council Policy 2017 -02 Establishing Procedures and Responsibilities for the Supervisory Sub - Committee as approved below and amended, if ever, thereafter. Section 2. That Council Policy 2017 -02 Establishing Procedures and Responsibilities for the Supervisory Sub - Committee as attached hereto is approved. Section 3. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18 day of January, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: Sandra Modigh, City Clerk New Text Underlined; ]DELETED TEXT BRACKETED] Page 57 of 110 Attachment A of Resolution No. 2017 -03 POLICY NO. 2017-02: SUPERVISORY SUB- COMMITTEE A. Purpose The purpose of this Policy is to establish procedures and duties of the Supervisory Sub - Committee of the City Council for the purpose of facilitating communication and efficiency between the City Council and the City Attorney, City Manager and City Clerk regarding performance. B. Appointment The Supervisory Sub- Committee will consist of three Councilmembers, including the Mayor, Vice -Mayor and a third Councilmember appointed by the Mayor and confirmed by Council. The appointment of the third member shall occur at the same Council Meeting that committee and commission liaisons are appointed and confirmed, or as soon thereafter as practicable. C. Procedures The Supervisory Sub - Committee will meet privately with the City Attorney, City Manager and City Clerk at least once each quarter to review performance related matters. In the quarter in which the Council completes an annual review of the employees' performance, the Supervisory Sub - Committee shall meet with each employee after the annual performance review. D. Duties The Supervisory Sub - Committee shall be responsible for discussing performance related matters with the City Attorney, City Manager and City Clerk. After each meeting, the Supervisory Sub- Committee shall provide a written report to the Council. This report shall be considered a confidential personnel record. The Supervisory Sub - Committee may take no action, but shall act as a liaison between Council and its employee's. The Supervisory Sub- Committee may make recommendations and reports to Council regarding performance, monitor performance expectations and goals, provide recommendations to employees regarding performance and work place matters and convey direction determined by Council. The City Attorney, City Manager, and City Clerk may contact any Councilmember or the Council as a whole regarding any work related matter, and also may request meetings on a more frequent basis with the Supervisory Sub - Committee. This Policy does not preclude Councilmembers or the Council as a whole from addressing its employees on performance or other work related matters by other means. Effective Date: January 18 2017 Approved by Resolution 2017 -02 BRIAN GABRIEL, SR., MAYOR Page 58 of 110 Kenai City Council Policy No. 2017 -02 Attachment A for Resolution No. 2017 -03 ATTEST: Sandra Modigh, City Clerk Page 2 of 2 Page 59 of 110 "Villa ye with a Past, C# with a Future a 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ' Telephone: 907 -283 -75351 FAX: 907 -283 -3014 www.kenai.city KENAI, ALASKA \V MEMORANDUM TO: Council Members FROM: Brian Gabriel, Mayor DATE: January12, 2017 SUBJECT: Resolution No. 2017 -03, Establishing a Supervisory Sub - Committee and Policy Regarding Council Supervision of Its Employees. Resolution No. 2017 -03 is intended to improve communication and efficiency in the supervision by Council of its employees. The Resolution and Policy propose that the Mayor, Vice Mayor and one other Councilmember act as a liaison between Council and its employees, meeting at least quarterly with the employees and reporting to the Council on such meetings. The proposed Supervisory Sub - Committee would have no power to take action, except with separate specific direction by Council. The Resolution and Policy to some degree formalize current past practice with added procedure. While I understand Council has a good relationship with its employees, I believe this Resolution and Policy provides the opportunity to improve communication and efficiency and will be beneficial for all involved. Your consideration is appreciated. Page 60 of 110 \� Eke dtv of M Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2017 -04 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE SALE OF LOT 3A, BLOCK 1, SPUR SUBDIVISION NO. 1, 1983 ADDITION, CITY - OWNED AIRPORT PROPERTY LOCATED OUTSIDE THE AIRPORT RESERVE, TO DEAN YOU, OR HIS ASSIGNEE. WHEREAS, the City of Kenai received a Quitclaim Deed from the Federal Aviation Administration (FAA) on December 1, 1963, to nearly 2,000 acres of land subject to certain restrictions, including that no property shall be used, leased, sold, salvaged, or disposed of for reasons other than for Airport purposes; and, WHEREAS, on December 12, 1983, the FAA executed a Deed of Release for an area of land subject to the Quitclaim Deed allowing for the lease, sale, or disposal of certain Airport lands by the City; and, WHEREAS, Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition is subject to that Deed of Release; and, WHEREAS, KMC 21.15.010 - Airport Land Outside the Airport Reserve, provides that the City may sell land outside the Airport Reserve when in the judgment of the City Council, such land is not required by the City for a public purpose; and, WHEREAS, the City recently declared by Ordinance No 2919 -2016 that the property is not needed for a public purpose and that a sale of the Property is in the best interest of the City and Airport and serves a purpose of continuing commercial growth and investment in the City and rehabilitation of the improvement on the Property; and, WHEREAS, on February 16, 2016, the City issued a request for proposals for the lease or purchase of Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition, City owned Airport property outside the Airport Reserve, (the Property) but did not receive any acceptable proposals; and, WHEREAS, the City has since received several competing unsolicited offers to purchase the Property and finds it in the best interest of the City and Airport to sell the Property to the current highest offeror, Dean You, or his Assignee (Grantee); and, WHEREAS, the Property was appraised as of February 3, 2016, and the purchase price equals the appraised land value, and reflects no value for the improvement which is supported by an opinion of the appraiser retained by the City; and, New Text Underlined; [DELETED TEXT BRACKETED] Page 61 of 110 Resolution No. 2017 -04 Page 2 of 3 WHEREAS, KMC 21.25.200 -Terms for Financing Sale of City Lands, authorizes the City Manager to accept a note secured by a deed of trust for a portion of the purchase price as long as the down payment is equal to or greater than 15% of the purchase price at a rate determined by Council; and, WHEREAS, in order to facilitate the sale of property and in consideration of the condition of the structure and plans of the purchaser to invest in the rehabilitation of the property the Council determines that an interest rate of .75% is appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Statement of Ownership: That the City of Kenai is the owner of Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Property). Section 2. Authorization of Sale: That the Kenai City Council hereby authorizes the City Manager to sell the City -owned lands described as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition, under the procedures and terms established for the sale of Airport lands and as otherwise provided herein, subject to the following additional essential terms and conditions of sale: The sale will be made through a negotiated sale to Dean You or his assignee, for a sum not less than $450,000. The City will carry a deed of trust on the property for an amount not to exceed $125,000 for a term not to exceed 13 months from the recording date with an interest rate determined by Council be .75% payable in monthly installments. Section 3. Title: Any instrument conveying title to the Property shall include the following restrictions, promises, and /or covenants: (a) that the City of Kenai reserves, for itself and its heirs, executors, administrators, successors, transferees, and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on or at and for taking off from or operating on Kenai Municipal Airport; and, (b) that the Grantee expressly agrees for itself and its heirs, executors, administrators, successors, transferees, and assigns to restrict the height of structures, objects of natural grown, and other obstructions on the Property to a height of not more than 242 above mean sea level; and, (c) that the Grantee expressly agrees for itself and its heirs, executors, administrators, successors, transferees, and assigns to prevent any use of the Property which would interfere with landing or taking off of aircraft at the Kenai Municipal Airport, or otherwise constitute an airport hazard; and, Page 62 of 110 Resolution No. 2017 -04 Page 3 of 3 (d) that all covenants heretofore stated shall run with the land and shall inure to the benefit of, and be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the parties to the contract for sale and conveyance. Section 4. Proceeds of Sale: That should a sale of the Property be finalized, all revenues from the sale shall be deposited in the Airport Land Sale Permanent Fund for use in the development, improvement, and operation of the Kenai Municipal Airport and as otherwise required in that Deed of Release recorded on November 19, 1973 at Book 74, Pages 325 -327, Kenai Recording District. Section S. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18 day of January, 2017. ATTEST: Sandra Modigh, City Clerk BRIAN GABRIEL SR., MAYOR Page 63 of 110 EARNEST MONEY RECEIPT AND AGREEMENT Received from Dean You hereinafter called PURCHASER, the sum of $15.000.00, in the form of a check payable to Stewart Title of the Kenai Peninsula in trust for the City of Kenai hereinafter called SELLER, as Earnest Money on January , 2017 (date), in part payment of the purchase price of the following described real property: Legal Description: K;PB Parcel #04705303, L3A, 111, Spur Sub No. 1983 Addition, 83 -211, In the Kenai Recording District, Third Judicial District, State of Alaska. The total purchase price is $450,000.00, payable as follows: $20.000.00 earnest money ❑balance due at closing OR ❑Bank loan with OR ® Owner Finance $125,000.00 payable at $interest only or more per month. Including/Plus interest at 0.75 %. Interest accrues from Date of Recording . First payment due 1 month from date of recordiu . Amortized 13 months. ❑Due on Sale Clause Late fee of $ for past due. SFull Coverage Insurance Required. Collect at FNBA. Other terms: Buyer has already paid $5,000.00 of the $20,000.00 earnest money directly to seller. THE CLOSING COSTS are to be paid between Seller and Purchaser as follows: Indicate: (S) = Seller; (P) = Purchaser; (50150) = Split equally between Seller and Purchaser P Owners Title insurance Lenders Insurance 50/50 Escrow Settlement/Closing Fee 50150 Recording Fee 50/50 Escrow Set Up Fee 50150 Escrow Annual Fee S Attorney Doc Prep Fees S Delinquent Property Taxes S Pending/Levied Assessments S Clear Existing. Liens As -Built Survey Fee Appraisal Final Inspection on Appraisal Other Costs Origination Fee Commitment Fee Discount Points Tax Registration Fee Flood Certification Credit Report Document Preparation Fee MIP/PMI V.A. Funding Fee Establish/Replace Reserves on New Loan Interest to Closing Date New Loan Well/Septic Testing (if required by lender) Home Inspection Fee Smoke Detectors WARNING: IT IS PURCHASER'S AND SELLER'S RESPONSIBILITY TO SEEK AND CONSULT WITH OWN INDEPENDENT LEGAL ADVISOR, TAX ADVISOR, BUILDING & SOIL INSPECTOR, LAND SURVEYOR, WATER & SEWER ENGINEER, OR OTHER APPROPRIATE ADVISOR FOR THIS TRANSACTION AND AT THE SOLE COST TO THE PARTY REQUESTING SUCH SERVICES) UNLESS OTHERWISE STATED ABOVE. SUCH SERVICE OR DILIGENT INQUIRY SHALL BE COMPLETED WITHIN 10 DAYS OF SELLER'S SIGNATURE HEREON OR ANY OTHER TIME FRAME AND MUTUALLY AGREED TO IN WRITING BETWEEN SELLER AND PURCHASER. Page 64 of 110 The title is to vest and read: City of Kenai ( ❑husband and wife, ❑ married, ❑ unmarried,) Seller agrees to furnish and deliver to Purchaser as soon as procurable a purchaser's policy of title insurance to be issued by Stewart Title of the Kenai Peninsula. If the title cannot be made clear as aforesaid within 10 days from the issuance of a preliminary title report, Purchaser may cancel this agreement and Seller must refund the earnest money. It is also agreed that the Purchaser may waive defects or require the price to be renegotiated to cover any defects or encumbrances at the Purchaser's sole discretion without loss of the earnest money refund. 3. If title is made good on or before closing and the Purchaser neglects or refuses to complete the purchase, the earnest money may, at Seller's sole option, be forfeited as liquidated damages, which shall not preclude any other remedy available at law or in equity, if any. 4. The property shall be conveyed by WARRANTY DEED free of encumbrances except for rights reserved in federal patents or state deeds, building or use restrictions general to the district, and building or zoning regulations and provisions shall not be deemed defects nor encumbrances. Any defects or encumbrances may be discharged at closing out of the purchase money. 5. Taxes for the current year, rents, interest, mortgage reserves, will be prorated as of the date of closing. 6. Possession will occur on recording. 7. Purchaser offers to purchase the property on the terms noted in its present condition and this agreement is issued subject to: a. As is. Where is.. b. Subiect to City Council action to approve sale c. Not subject to a building inspection d. $5,000.00 Earnest money has already been paid directly to the seller. The remaining $15,000.00 earnest money is to be paid directly to Stewart Title of the Kenai Peninsula to be held in trust and must be paid on or before Janus 13tE". The entire $20,000.00 Earnest Money is nonrefundable and will be paid to the City of Kenai in the event this transaction fails to close. 8. The sale shall be closed in the offices of Stewart Title of the Kenai Peninsula with an escrow or closing agent on or before January 19th, 2017 (date) "Closed" shall mean the day the deed of contact is recorded and funds are to be disbursed. 9. Purchaser and the Seller will, on demand of either, deposit in escrow with the closing agent all instruments and monies necessary to complete the purchase. 10. There are no verbal or other agreements which modify or affect this agreement. Time is of the essence of this agreement. 2 Page 65 of 110 WHEREFORE the Seller and purchaser being in accord do bind themselves hereto by their signatures hereunder: PURCHASER: (sign name) (print name) Telephone: Fax: email: Address: (sign name) (print name) Telephone: Fax: email: Address: Date: Date: I SELLER: (sign name) name) Telephone: Fax: email: Address: name) name) Telephone: Fax: email: telephone #: Page 66 of 110 Address: Date: 3 KENAI CITY COUNCIL WORK SESSION OCTOBER 19, 2016 KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, AK PRESIDENT PRO TEMPORE NAVARRE, PRESIDING NOTES SFY2018 City of Kenai Capital Priorities for State Funding Council present: R. Molloy, H. Knackstedt, T. Navarre Others present: City Manager R. Koch, City Attorney S. Bloom and City Clerk S. Modigh President Pro Tempore began the work session at approximately 7:47 p.m. and provided an overview of the agenda. City Manager Koch reported that due to the State of Alaska's fiscal challenges, there were no Capital funds available in the upcoming year. Koch advised that the primary focus was on the reallocation of the funds for the bluff erosion project. Koch noted that in the event of unanticipated funding opportunities, there were a number of less expensive projects that were not ranked, but had been considered. Koch suggested the City adopt a resolution not requesting funds in recognition of the State's fiscal challenges, but rather recommending Administration and Legislature work together to craft policy and law to support a sustainable State budget. The other option proposed would be to rank the projects provided to Council and submit via resolution as done in previous years. Councilor Knackstedt inquired as to how this may affect future funding for projects that have been on the list; Koch didn't think it would be harmful to pending projects if in the future funding was available. Councilor Molloy supported reappropriating funds for the Bluff Erosion Project and suggest a hybrid of the options by outlining and adopting priorities; however, due to financial constraints not requesting any funding for the projects at this time; Councilor Navarre and Glendening concurred. Glendening inquired as to whether the projects that were approximately $100,000 could be funded internally; Koch advised that could be considered by Council during the budget process. Council did not recommend any changes to the priorities as proposed by Administration. The work session was adjourned at 8:07p.m. Notes prepared by: Sandra Modigh, CMC City Clerk Page 67 of 110 [PAGE LEFT BLANK INTENTIONALLY] Page 68 of 110 KENAI CITY COUNCIL — REGULAR MEETING JANUARY 4, 2017 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR TIM NAVARRE, PRESIDING MIAII ITFC A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on January 4, 2017, in City Hall Council Chambers, Kenai, AK. Vice Mayor Navarre called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Vice Mayor Navarre led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor (telephonic) Henry Knackstedt Jim Glendening Mike Boyle A quorum was present. Also in attendance were: Robert Molloy Tim Navarre Glenese Pettey Terry Eubank, Acting City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy City Cle7%N 3. Agenda Approval Vice Mayor Navarre noted the following revisions to the agenda and packet: Remove Item E. 1 Minutes • Work Session of October 19, 2016 Add to Item D. 1. Ordinance No. 2927 -2016 Amendment Memorandum Add to Item D. 6 Ordinance No. 2932 -2016 • Postponement Memorandum MOTION: Page 69 of 110 Council Member Molloy MOVED to approve the agenda with requested revisions to the agenda and packet and also amend the title of the Executive Session on the agenda to remove the word "an," and to add the letter "s," at the end of the word "offer," and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. [Council Member Boyle joined the meeting at 6:04 p.m.] B. SCHEDULED PUBLIC COMMENTS — None. C. UNSCHEDULED PUBLIC COMMENTS Brenna Eubank noted that the Kenai Central High School varsity hockey team was beginning to playing hockey on their own rink at the Kenai Multi- purpose facility and invited Council to attend their first game on January 11. D. PUBLIC HEARINGS 1. Ordinance No. 2927 -2016 — Amending Kenai Municipal Code 23.55.020 - Compensation Structure by Grade, and 23.55.050 - Hourly Rates, to Clarify Step Increase Differences between Permanent Full -Time and Permanent Part -Time Employees. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2927 -2016 and the motion was SECONDED by Council Member Knackstedt. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. MOTION TO AMEND: Page 70 of 110 Council Member Molloy MOVED to amend the ordinance citation in Section 2 from 23.50.020 to 23.55.020 and the motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections; SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Subsection C of Section 2 by replacing "subject to receiving a satisfactory evaluation," in the second sentence with "subject to the employee's most recent annual evaluation being satisfactory or better," and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. Administration noted that the ordinance clarified a discrepancy in code; the effect has been the City's practice; all employees, except temporary and three staff to Council must receive an employee evaluation. There was suggestion that the word "may," should be replaced with the word "shall." It was pointed out that the word "shall," could be problematic should the Council ever find themselves needing to freeze step increases for budgetary reasons. MOTION TO AMEND: Council Member Boyle MOVED amend by replacing the word "may," with the word "shall," in Sections B and C and the motion was SECONDED by Council Member Molloy. The attorney noted it was a good idea to leave flexibility in this particular case and if the amendment was wanted, he recommended postponing for administration to evaluate. VOTE ON THE AMENDMENT: YEA: Boyle NAY: Gabriel, Molloy Navarre, Glendening, Knackstedt, Pettey MOTION FAILED. VOTE ON THE MAIN MOTION: YEA: Gabriel, Glendening, Knackstedt, Boyle, Navarre, Pettey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2928 -2016 — Increasing Estimated Revenues and Appropriations by $1,400,120 in the Water and Sewer Capital Project Fund for Construction of Improvements to the City's Waste Water Treatment Plant and by $353,791.51 in the Water and Sewer Special Revenue Fund to Provide the Required 30% Local Match to the Project. Page 71 of 110 MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2928 -2016 and the motion was SECONDED by Council Member Molloy. MOTION TO AMEND: Council Member Knackstedt MOVED amend by substitute ordinance and the motion was SECONDED by Council Member Molloy. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE ON THE AMENDMENT: YEA: Gabriel, Glendening, Knackstedt, Navarre, Boyle, Pettey, Molloy NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: Ne YEA: Gabriel, Glendening, Knackstedt, Navarre, Boyle, Pettey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2929 -2016 —Amending KMC 22.05.100 -Sale Procedure, to Eliminate the Requirement that the City Utilize a Title or Escrow Company within the City for Closing of General Fund Land Sales. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2929 -2016 and the motion was SECONDED by Council Member Glendening. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. The local preference specifications in code were cited. It was noted that due to recent land sales, the topic came to light. VOTE: YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy NAY: Boyle MOTION PASSED. Page 72 of 110 4. Ordinance No. 2930 -2016 — Amending KMC 12.40.060 - Violations and Penalties, to Set Specific Fine Amounts for Violations of the City's Regulation of Smoking in Order to Eliminate the Requirement of a Mandatory Court Appearance for each Citation Issued. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2930 -2016 and the motion was SECONDED by Council Member Knackstedt. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted that very few citations had been issued with the requirement of a court appearance and that smoking at the airport had become an issue. It was thought that there was reluctance to issue citations due to the mandatory court appearance. It was clarified that the requirement applied to both marijuana and cigarettes. The section of code pertaining to "no smoking" was read into the record as was the definition of smoking. VOTE: t YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2931 -2016 — Amending KMC 23.50.010 - Employee Classification, to Remove the Class Title of Human Resource Officer and Class Code 123 in its Entirety and Amend the Class Title Human Resource Specialist /Assistant to City Manager to Human Resource Officer Pursuant to a Position Reclassification. MOTION:` Council Member Molloy MOVED to enact Ordinance No. 2931 -2016 and the motion was SECONDED by Council Member Knackstedt. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: NAY: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle MOTION FAILED UNANIMOUSLY. Page 73 of 110 6. Ordinance No. 2932 -2016 — Donating and Declaring no Longer Needed for a Public Purpose a Certain Parcel Described as Lot 17, Block 5, Original Townsite of Kenai, (KPB Parcel No. 047 - 071 -21) to the Kenaitze Indian Tribe. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2932 -2016 and the motion was SECONDED by Council Member Glendening. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted that staff requested a postponement so the mapping could be corrected. MOTION TO POSTPONE: t Council Member Knackstedt MOVED to postpone to the January 18, 2017 meeting and the motion was SECONDED by Council Member Boyle. VOTE: %WOO YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. 7. Ordinance No. 2933 -2016 — Authorizing an Amendment to Extend the Term of Lease to 2035 of Certain City -Owned Land, Identified as a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building known as the "Fine Arts Center ", to the Peninsula Art Guild, Inc. without a Current Appraisal and Declaring an Amendment to the Lease is in the Best Interest of the City. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2933 -2016 and the motion was SECONDED by Council Member Boyle. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. _f MOTION TO AMEND: Council Member Knackstedt MOVED to amend by inserting the date 12/14/16 in the blank in the second "whereas," clause and the motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections; SO ORDERED. VOTE ON THE MAIN MOTION: Page 74 of 110 YEA: Gabriel, Glendening, Boyle, Knackstedt, Navarre, Pettey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 8. Resolution No. 2017 -01 — Authorizing a Budget Transfer within Departments of the Airport Fund for the Unbudgeted Replacement of Equipment in the Terminal's Restaurant. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017 -01 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections; SO ORDERE E. MINUTES 1. *Work Session of October 19, 2016 ` Meeting minutes approved by the consent agenda7ll 2. *Special Meeting of October 25, 2016 Meeting minutes approved by the consent agenda. 3. *Work Session of December 1, 2016 Meeting minutes approved by the consent agenda. 4. *Special Meeting of December 1, 2016 Meeting minutes approved by the consent agenda. 5. *Work Session of December 8, 2016 Meeting minutes approved by the consent agenda. 6. *Work Session of December 13, 2016 Meeting minutes approved by the consent agenda. 7. *Regular Meeting of December 7, 2016 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS — None. Page 75 of 110 G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified. Approved by the consent agenda. 2. *Action /Approval — Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. *Action /Approval — Non - Objection of the Liquor License Renewal for Ramon Gonzalez d /b /a/ Plava Azul. Approved by the consent agenda. 1%6, 4. *Action /Approval — Non - Objection of the Liquor License Renewal for Griffin Golf Enterprise, LLC. d /b /a Kenai Golf Course. Approved by the consent agenda. 5. *Ordinance No. 2934 -2017 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department. Introduced by the consent agenda and public hearing set for January 18, 2017. 6. *Ordinance No. 2935 -2017 — Increasing Estimated Revenues and Appropriations by $1,400,120 in the Water and Sewer Capital Project Fund for Construction of Improvements to the City's Waste Water Treatment Plant and by $353,791.51 in the Water and Sewer Special Revenue Fund to Provide the Required 30% Local Match to the Project. Introduced by the consent agenda and public hearing set for January 18, 2017. 7. *Ordinance No. 2936 -2017 — Increasing (Decreasing) Estimated Revenues and Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary Transfers in that Fund for Remaining FY2017 Projected Expenditures. Introduced by the consent agenda and public hearing set for January 18, 2017. 8. *Ordinance No. 2937 -2017 — Increasing Estimated Revenues and Appropriations by $59,000 in the Airport Fund for the Purchase of Approximately 80 Acres of Real Property Described as SW1 /4 Excepting Therefrom those Portions as Per W/D 51 @ 152 and as Per Superior Court Order under Case No 3KN -86 -1406, Cl, Section 29, T6N, R1 1W, to be Retained by the City for Public Use and Reserved for Airport Purposes. Introduced by the consent agenda and public hearing set for January 18, 2017. Page 76 of 110 9. *Ordinance No. 2938 -2017 — Increasing Estimated Revenues and Appropriations by $20,600 in the Water & Sewer Fund for the Purchase of Approximately 2.27 Acres of Real Property Described as Lots 1 and 2, Block B, Beaver Creek Alaska Subdivision Amended, Section 36, T6N, R11 W, to be Retained by the City for Public Use. Introduced by the consent agenda and public hearing set for January 18, 2017. 10. Action /Approval — Schedule a Work Session to Discuss an Offer to Purchase a Portion of Property and other Options for Property Located at 10095 Kenai Spur Highway, Kenai AK 99611, KPB Parcel No. 04501003. It was suggested that due to the workload for the new manager, specifically dipnet matters, the work session be pushed out to February or March. There was dissent due to fair negotiations. Ostrander recommended the last week of January so he could make the best use of time with the former manager who had been contracted to assist for two weeks. It was decided a work session would be held on January 24, 2017 at 6:00 p.m 11. Action /Approval — Mayoral Nomination and Council Confirmation to Appoint or Reappoint Applicants to Committee /Commission Vacancies. MOTION: 1% Council Member Knackstedt MOVED to confirm the Mayoral nomination of Jeanette Desimone to the Harbor Commission and Roy D. Williams to the Council on Aging and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. VOTE: There being no objection; SO ORDERED. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — It was reported that service animals vs. emotional support animals at the Senior Center was discussed and the attorney was being consulted prior to developing a policy; also discussed choice waiver and funding levels, suggested donations for meals and improving operations; may be visiting Chari's place in March; next meeting January 12. 2. Airport Commission — No report; next meeting January 12. 3. Harbor Commission — No report; next meeting February 6. 4. Parks and Recreation Commission — No report; next meeting January 5. 5. Planning and Zoning Commission — It was reported that on December 14, the Commission approved a plat, and a variance for a greenhouse. Also conducted completeness review for an amendment to a Conditional Use Permit for resource extraction, and concurred with an amendment to extend the lease for the arts council; next meeting January 11. 6. Beautification Committee — No report; next meeting January 10 Page 77 of 110 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended the Council Meet and Greet at the Kenai Chamber of Commerce; • Attended Breakfast with Santa at the Senior Center with his granddaughters; • Thanked Vice Mayor Navarre for filling in at the meeting; • Thanked Knackstedt for filling in at Coffee with the Mayor; • Thanked staff for their work over the past year, noted employees were the City's best asset; • Wished all a Happy New Year. J. ADMINISTRATION REPORTS City Manager — Interim City Manager T. Eubank reported on the following: • Expressed gratitude for the opportunity to serve as Interim City Manager; • Attended the Soldotna Chamber of Commerce Lunch in where the financial difficulty the state was in was discussed; • Attended the Kenai Chamber of Commerce Lunch where Kenai Peninsula Borough tax amendments were discussed; • Noted the Kenai Peninsula Borough Assembly unanimously approved Kenai's Comprehensive Plan; • Noted the Local Boundary Commission accepted a petition for Nikiski to become a Home Rule City; taking public comment; • Hoped everyone could attend the Kenai Central High School hockey game. 2. City Attorney — no report. 3. City Clerk — S. Modigh noted upcoming meetings. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Ronald Winger spoke in favor of retaining the bowling alley noting he was a lifelong resident of Kenai, and pointed out that his father was a professional bowler on the tour. He suggested it was important to keep bowling in the community as it provided a positive influence on young people while also giving back in the form of scholarships. Michelle Carver spoke in favor of retaining the bowling alley noting it brought age groups and families together. She asked to please keep the bowling center going if there was any possible way; reminded of the scholarships provided and the positive activity for youth, Special Olympics and other organizations. Page 78 of 110 Tea Winger spoke in favor of retaining the bowling alley noting she was born and raised in Kenai and had always had a bowling alley available. She also noted the benefits to youth, bowling leagues, and the scholarships it provided. She asked that Council consider new management and new way of running the bowling alley for the benefit of everyone. 2. Council Comments Council Member Molloy thanked all those that spoke to the Council; thanked Morin for his service on the Harbor Commission; looking forward to information from administration on Board of Fisheries topics that impact the City; welcomed Mr. Ostrander as new City Manager. Councilor Knackstedt pointed out the newsletter from the Kenai Historical Society in the packet and noted its next meeting. Vice Mayor Navarre thanked Mr. Eubank for acting as Interim City Manager; noted he was looking forward to Mr. Ostrander starting on January 9. Council Member Boyle wished all a Happy New Year; welcomed Mr. Ostrander; thanked Phil Morin and Victoria Askin for serving the community. Council Member Glendening thanked Mr. Eubank for acting as Interim City Manager; welcomed Mr. Ostrander; noted he had fond memories of bowling. L. EXECUTIVE SESSION 1. Discuss Offers to Purchase Property Located at 10639 Kenai Spur Highway, Kenai AK also known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the old Bowling Alley), Pursuant to AS 44.62.310(c)(1)(3) a Matter of which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City, and a Matter by which Law, Municipal Charter, or Ordinance are Required to be Confidential. MOTION: 1W Council Member Molloy MOVED to convene in executive session to discuss offers to purchase property located at 10639 Kenai Spur Highway, Kenai, AK also known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the old bowling alley), the immediate knowledge of which may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential per AS 44.62.310(C)(1)(3) and requested the attendance of attorney, interim city manager, ostrander and city clerk to stand by and the motion was SECONDED by Council Member Glendening. VOTE: YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in regular session and it was noted that Administration and the City Attorney had been given direction. Page 79 of 110 M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:33 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of January 4, 2017. Sandn City C Page 80 of 110 E�l�Ct�P�I! KESA SKA Sponsored by: City Manager CITY OF KENAI ORDINANCE NO. 2932 -2016 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DONATING AND DECLARING NO LONGER NEEDED FOR A PUBLIC PURPOSE A CERTAIN PARCEL DESCRIBED AS LOT 17, BLOCK 5, ORIGINAL TOWNSITE OF KENAI, (KPB PARCEL NO. 047 - 071 -21) TO THE KENAITZE INDIAN TRIBE. WHEREAS, Kenai Municipal Code 22.05.125, Grant of Devotion, allows the Council, by Ordinance, to donate certain real property that is no longer needed by the City for a public purpose, to a non - profit corporate for consideration; agreed upon between the City and grantee without a public sale if the devotion is advantageous to the City; and, WHEREAS, the Kenaitze Indian Tribe is a non -profit corporation which provides a variety of programs and services that promote wellness for their people; and, WHEREAS, the Kenaitze Indian Tribe has been developing its campus in Old Town Kenai, including the construction of the Dena'ina Wellness Center and the newly constructed Tyokas Elder Center; and, WHEREAS, the City desires to support the continued work of the Kenaitze Indian Tribe; and, WHEREAS, new sidewalks and signage was constructed on the subject parcel by the Kenaitze Indian Tribe as part of the construction of Tyokas Elder Center as requested by the City; and, WHEREAS, through. Resolution No. 2016 -41 the Council of the City of Kenai consented to the acceptance of a right -of -way which affects a portion of Lot 17, Block 5, Original Townsite of Kenai, located at the intersection of Mission Avenue and Upland Street which contains the subject parcel. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, that: Section 1. Form: That this is a non -code ordinance. Section 2. That the Kenai City Council hereby authorizes the City Manager to execute the transfer of title of the real property known as Lot 17, Block 5, Original Townsite of Kenai (KPB Parcel No. 047 - 071 -21), to the Kenaitze Indian Tribe, on a form approved by the City Attorney, for less than fair market value and for the sole purpose of providing programs and services that promote wellness for their people. New Text Underlined; [DELETED TEXT BRACKETED] Page 81 of 110 Ordinance No. 2932 -2016 Page 2 of 2 Section 3. That the Kenai City Council further finds the disposal of the subject parcel to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by disposing of the property interest for less than fair market value, in accordance with the recitals above which are incorporated herein. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(fj, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of January, 2017. ATTEST: Sandra Modigh, City Clerk BRIAN GABRIEL, MAYOR Introduced: December 7, 2016 Enacted: January 4, 2017 Effective: February 4, 2017 New Text Underlined; [DELETED TEXT BRACKETED] Page 82 of 110 la J e with a Past, C J with a Future'r "V `� 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 bcad \\ �, Telephone: 907 -283 -7535 l FAX: 907- 283 -3014 111111 t6rt u 1992 MEMORANDUM: TO: Rick Koch, City Manager 4,� -FROM: Matthew Kelley, City Planner DATE: November 30, 2016 SUBJECT: Ordinance No. 2932 -2016 Donating a certain parcel to the Kenaitze Indian Tribe The purpose of this communication is to provide additional information in support of Ordinance No. 2932 -2016, which supports the donation of real parcel known as Lot 17, Block 5, Original Townsite of Kenai to the Kenaitze Indian Tribe. The Kenaitze Indian Tribe has expressed an interest in receiving the subject parcel through a donation by the City of Kenai. The subject parcel is located at the corner of Mission Avenue and Upland Street. The parcel has historically been used by the Kenaitze Indian Tribe for parking and signage for the Tyokas Elder Center. The Kenaitze Indian Tribe has constructed a new Elder Center and has asked to acquire the subject parcel for landscaping and signage. Staff recommends the donation of the subject parcel to the Kenaitze Indian Tribe as it is no longer needed for a public purpose. The subject Resolution supports the vacation of the Section Line Easement and will be submitted along with the application. Thank you for your consideration. Attachment: Ordinance No. 2932 -2016 Page 83 of 110 Zoning: Townsite Historic District KPB Parcel No: 047- 071 -21 Owner: City of Kenai Acreage: .04 Acres Land Value: $300 N �' Improvement Value: $0.00 Assessed Value: $300 Legal: Lot 17, Block 5, Original Townsite of Kenai 0 50 100 200 Feet KENAITZE INDIAN TRIBE N F z 3 ON M N m fi c CN y d LL s G` era h Ln M M z e x x x c c; Oct. 4, 2016 Kenai City Council 214 Fidalgo Ave. Kenai, AK 99611 Dear Kenai City Council, The purpose of this letter is to respectfully request the transfer of Lot 17 Block 5 Original Townsite (KPB Parcel Number 04707121) from the City of Kenai to the Kenaitze Indian Tribe. The Tribe wishes to include the parcel of land as part of its "campus" in Old. Town Kenai. This parcel previously contained signage for the old Tyokas Elder Center, which was demolished in 2014. Today, the parcel is part of a new Elders facility that the Tribe opened this year. The Tribe agrees with Matt Kelley, city planner, that the parcel is no longer needed for public use. Additionally, the Tribe has complied with the City's request to install new sidewalks during construction of the new building, per our agreement. The Tribe appreciates the City's consideration in transferring this parcel of land. Please do not hesitate to contact us should you have any questions or require additional information. Sincerely, Jayl e Pet on -Nyren Exe' hector Kenaitze Indian Tribe Page 85 of 110 "Mr "Villaye w th a' Past, Gc with a Future rr J 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 � Telephone: 907 - 283 -75351 FAX: 907 - 283.3014 '111P 1992 MEMORANDUM: TO: Paul Ostrander, City Manager "Po. FROM: Matthew Kelley, City Planner Ac' DATE: January 11, 2017 SUBJECT: Ordinance No. 2932 -2016 Donating a certain parcel to the Kenaitze Indian Tribe The purpose of this communication is to provide additional information to the City Council regarding Ordinance No. 2932 -2016, which supports the donation of real property known as Lot 17, Block 5, Original Townsite of Kenai, to the Kenaitze Indian Tribe. At their regular meeting of January 4, 2017, the City Council postposed consideration of Ordinance No. 2932 -2016 to the meeting of January 18, 2017. Staff would like to ask the City Council to consider postponing consideration of the subject Ordinance to the regular meeting of February 15, 2017. At this meeting, staff will present a substitute Ordinance for consideration by the Council along with a draft quitclaim deed. The substitute Ordinance would allow for the conditional donation of the subject parcel to the Kenai Indian Tribe and would further require that the quitclaim deed contain a Reverter Clause. The Reverter Clause would stipulate that should the preliminary plat which affects the subject parcel not be recorded within 6 months, ownership of the parcel would revert back to the City. The quitclaim deed would also stipulate that the Kenaitze Indian Tribe would not be allowed to block or otherwise affect the normal flow of traffic through the intersection of Mission Avenue and Upland Street before the preliminary plat records. The subject parcel was included in a preliminary subdivision plat (PZ16 -15), that was approved by the City of Kenai on June 8, 2016, and the Kenai Peninsula Borough on August 22, 2016. As part of the approval for the preliminary plat, it was discussed with the Kenaitze Indian Tribe, that the subject parcel would be donated to them if they constructed sidewalks on Upland Street. The construction of the sidewalks on Upland Street was for the benefit of the City and the Tribe, to support the development of their new Elder Center, which was completed in January 2016. In discussions with surveyor, if the City does not convey the subject parcel to the Kenaitze Indian Tribe, the City would have to sign the final plat as a property owner. Furthermore, because a right -of way between the subject parcel and parcels owned by the Kenaitze Indian Tribe to the north is being vacated, it would require that half of the right -of -way go to the parcel Page 86 of 110 owned by the City and the other half go to the Tribe. This would result in the creation of a property line between the two parcels, which would require an additional subdivision plat to vacate this property line after the City donates the subject parcel to the Tribe. Attached for the City Council's information is a copy of the preliminary subdivision plat, which has been approved by the City and the Borough. Also, attached for the City Council's information is a copy of Resolution No. 2016 -41, which consented to the vacation and dedication of rights -of -way, which affect the subject parcel. Thank you for your consideration. Page 87 of 110 cear.SGt3 ar slairr)a i} Vnit)v C Ia Al w �rlsur -tar s 11.0o M � ITT 9n,rrT rlr.r r w i11RC1LT . OiR>D1m +14 L,PY4r A rraCSi WIO tLR)[)Nl1 M 1K R�,C b µ q� va�TUfi �Tie)arL)[ snl 11Z WI)T 7a • l/,i„) TO iDlMM i Ir,i1,lY Ywe w L+ O<CT 3Rr><1fYb1. Ti YWapai •• :. .- ........� A 6 IQ,r! wtNaLY F)!iT l OLrOrim, Nl 1Y10 m rYwOCFS YY! anW K1Ai3 ••••iLNNl'ANf " :•• ails t6w[ff A lYE 9101YfF1. SAIQMpi a ri.C11LS Q uxo'ry.f.1. : nfl__ :`[r �... AitKl'pr5 rl ,lf[ RAT[ fXQlW f 1001 tATbarit IsR rNYC saRT / (ri NOR //� � €ws4F olz N• MACT8 BLOCKS Ul. t '/! E ..,t - -- sTh 667e,�� 0 j Let s �{ k •:or= ia,a l toed 1 , I k 4 1111 ,x� a 9k 1 , HlGH1J4NB.4VE. — ! ,/tteml. w .a. was•' �!' � \ 6.,E � \ y A •••l I�It�.$ � ! /\ �� " 4 t5 OC`R10nLO,t IY nYai icb 4 aAZa » tft a)r K 6 , Nifue) f>llt� OCCOYDIO 4 Yotm �` wss Yc+worr x e•r YM10eCi sLmorl \,�.� � X,.4PI.)' IIOIai1pR 3T1 Yle6 YlnfY a 6imlDa,r YdX00Y) OfWWO:L K MTm ��. f 1 RfOORO a,o ,IrilY)CD Iq mbenr a ftDlil � fR,dWRi AG091. ili6 lo! SYf) -ff \ \ f adffiA:lfl or' eruU=E .Xa mffM hr L K ucw,naA ,m4 ) eX11M AP11toi�Rd o )ROG s m 6woc Q 1NC •'a!a rlrlHl, y10.,+ I.o mom NUr..W' AW w rrnvr a r,c n,fYTre rro.� „4c I ,Iwo) acv, „a nwl a n.evaroa wa OY Yr )OLx ffm�r) OLD4+9[ yl Wrtrror.tuT M➢ aurT NI. iMOWIK )0 nq y)f sal,fa rrx.rta'-&-3mmR& m+�i g0iren releiesYfe tTA a aoorc Ye Two „., ah� a� iili Yr as nyax 9TORi3__a • �� `\.`y.\ i} Vnit)v C Ia Al w �rlsur -tar s 11.0o M � N4f0YRm p R,�d9a NWT �Gr�l va�TUfi �Tie)arL)[ snl 11Z WI)T 7a • l/,i„) TO /I UL, me ! ! / `eJ ! fXQlW f 1001 tATbarit IsR rNYC saRT � rIiT096 4irl,Of. Wit�a10LL17i1C b M Kfjlp ! / A ,I�IM ! F {J.'i F3 + woos) a1 lin n . A J rr¢ a aI ro Km Oor:)ripsaal it 4 I%I 11 1W7 9 LYlb1G e 1u Rc ~ agor 91.1NMT K m . / M R m Oa1NC i rw i�l)i �y (/ L.C. a?2 \ 1011 )1la,C Opi1F a0� IYWO 3)RLT. OLaY� A 11K b � ? R14Y IYYf 7( fp1i0AK 006111LIp (V�• C Y 7ulO X imo 1L X > Or1 d11 / IG 41r f� 'AIIR SCIRm R i1„ % M KA E1L M m 0}*jm N'mm R an / n 91d nm r G�y,� it Y.rsr ls,ic� r+.nc,euer.rr Ehtm �•' Qff metes t)mw, - sulnezr ua 2 iEe 31 9bi � . 1)Se, K 11 / f'C, isi 1R0 naYee rur.e,t - f..littT xc il, ,ru Il1SC sx s, ! rc f6: uw R wL, i11,, ,LL9 ,a3L 01: 41 / YG ,u Il1D \ !aL 31, lli.7 J PC. ,m Yb oo W9eK11!K i< , I blp 6LY'leG i•,1nG� - ��' I W ti. m ilb ,J iP! VaV,lil lrypp�y AT O[ pY ANIIYeC I OQTIb W �� 116) rLa, W alsYam i TE Imlll rA.YAy.L SPrOYw Y.IIO,IIC iOYYpWr aT Ys Lcl lc 1 rOW iorreaea eectsll N T ,AoRlTY MAP i ♦ I IRT Page 88 of 110 7aWNSITE OF KENAI 207 S AbnmoN l�1aT a - ,r/t+ x mus)i v mY +walra imlL slm ams-,t - l,or a -a••i TOOIbrc a lOW ■,IYIa acolt sso. 9?Q013 -Ir - lOr liR TAaA G IslIY PDIARrj AisM >Od. baax -1! - O[iP iMIQi 101omtf a �0 fLi fir1,9:T LTO bm ww u a 941f1[T lam ftq - eor� r+an AW i.'am a burr v W, ,VGv + ra Iw ausT 01,T no,ar ,snr TI[ p� RC, a 1aL AtKL f>K a)r a nlwl. IS,IM amewx+ w-nuc,, IfDYI ral eAr s�n11o1.. ,YALl0. fh'rEGRM .SURVEYS, INC. Oi0 »n IR R i6eet x trill fMntre�s ur°r -- "�. b,°aYO Warta rfrdT Y��k Y�M�ja� iut ini wlt r . ar ►RIA CITY OF KENAI SOLUTION NO. 2016 - 41 Sponsored by: City Manager A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI CONSENTING TO THE VACATION OF A RIGHT -OF -WAY, APPROXIMATELY 104 FEET IN LENGTH AND 20 TO 30 FEET IN WIDTH, BETWEEN LOT 16A BLOCK 5, TOWNSITE OF KENAI KENAITZE ADDITION AND LOT 17, BLOCK 5, TOWNSITE OF KENAI, AND CONSENTING TO THE ACCEPTANCE OF THE RIGHT -OF -WAY AFFECTING A PORTION OF LOT 17, Block 5, TOWNSITE OF KENAI, LOCATED AT THE INTERSECTION OF MISSION AVENUE AND UPLAND STREET AS SET FORTH ON THE PLAT OF TOWNSITE OF KENAI 2016 ADDITION, WHICH IS ATTACHED HERETO AS EXHIBIT "A". WHEREAS, on July 13, 2016, by Resolution PZ16 -15, the Planning and Zoning Commission of the City of Kenai recommended that the Kenai Peninsula Borough Planning Commission approve TOWNSITE OF KENAI 2016 ADDITION with vacation of a Right- of-Way approximately 104 feet in length and 20 to 30 feet in width, between Lot 16A, Block 5, Townsite of Kenai Kenaitze Addition and Lot 17, Block 5, Townsite of Kenai and dedication of the Right-of-Way affecting a portion of Lot 17, Block 5, Townsite of Kenai, located at the intersection of Mission Avenue and Upland Street as set forth on the Plat of Townsite of Kenai 2016 Addition which is attached hereto as Exhibit "A "; and, WHEREAS, on August 22, 2016, the Kenai Peninsula Borough Planning Commission met and approved the Preliminary Plat and vacation and Right -of -Way dedication consistent with the Planning and Zoning Commission for the City of Kenai; and, WHEREAS, on August 26, 2016, the City received notice from the Kenai Peninsula Borough that consistent with State Statute and Borough Code, the City has 30 -days from August 22, 2016 to consent to or veto the vacation of the Right -of -Way; and WHEREAS, Ordinance No. 2802 -2014 which became effective on January 16, 2015, amending Kenai Municipal Code 22.05.1 10(b) - Determination as to Need for Public Use, as follows: "Whether land previously dedicated to public use or should no longer be needed for public use shall be determined by the City Council by ordinance, except in cases of vacation of rights -of -way or easements which may be determined by resolution "; and, WHEREAS, ENSTAR Natural Gas and Horner Electric Company have submitted comments to the Kenai Peninsula Borough which offer no objection to the removal of these Right -of -Way; and, WHEREAS, the Right -of -Way listed below is no longer needed for a public use as alternative public Rights -of -Way are provided for and are consistent vtith the development of TOWNSITE OF KENAI 2016 ADDITION. Page 89 of 110 Page 2 of 2 Resolution No. 2016 - 41 NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, 1) That that the following Right -of -Way, within the TOWNSITE OF KENAI 2016 ADDITION, within the City of Kenai is no longer needed for a public use and that the Council of the City of Kenai consents to this vacation: a) A Right -of -Way approximately 104 feet in length and 20 to 30 feet in width, between Lot 16A, Block 5, Townsite of Kenai Kenaitze Addition and Lot 17, Block 5, Townsite of Kenai. 2) That the following Right -of -Way, is hereby accepted by the Council of the City of Kenai, as needed for a public use: a) That portion of Lot 17, Block 5, Townsite of Kenai, located at the intersection of Mission Avenue and Upland Street as set forth on the Plat of Townstie of Kenai 2016 which is hereto as Exhibit "A". b) That this Resolution shall be effective immediately upon its adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of September, 2016. Sandra PAT PORTER, MAYOR A Page 90 of 110 C m z v 0 X Q m U) 0 X 0 z n c v n m n 0 c z m Page 91 of 110 C m m z -1 W m -o m .�1 0 c r W I to W w C m z v O X v m CA n 17 0 z v m n m z n 0 0 O C z -4 n O c z n 0 C z 0 m m z G) O m n z c n N O [PAGE LEFT BLANK INTENTIONALLY] Page 92 of 110 "'Villa ye with a Past C# wctk a Future' r 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1 1 I I. 1992 \ 117e ci y o f KENAI, ALASKA N11V MEMO: TO: Mayor and City Council Members FROM: Sandra Modigh, City Clerk DATE: January 12, 2017 SUBJECT: Parks & Recreation Commission Vacancies The Parks & Recreation Commission currently has two vacancies to be filled. Shauna Thornton and Charlie Stevens have submitted applications expressing interest in filling the vacancies, terms expiring December 2018. Pursuant to Kenai Municipal Code 1.90.010, a committee /commission vacancy shall be filled by nomination of the Mayor and confirmation by the Council. Your consideration is appreciated. Page 93 of 110 [PAGE LEFT BLANK INTENTIONALLY] Page 94 of 110 KENAI PARKS & RECREATION COMMISSION JANUARY 5, 2017 CITY HALL COUNCIL CHAMBERS 7:00 P.M. MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL The meeting was called to order at 7:18 p.m. Roll was confirmed as follows: Commissioners present: N. Widmayer, J. Hudson, J. Halstead Commissioners absent: T. Wisniewski Staff /Council Liaison present: Parks & Rec Staff Director R. Dodge, Council Liaison Tim Navarre No quorum was present. 2. AGENDA APPROVAL 3. ELECTION OF THE CHAIR AND VICE CHAIR 4. APPROVAL OF MEETING SUMMARY a. November 3, 2016 5. PERSONS SCHEDULED TO BE HEARD — None 6. PERSONS PRESENT NOT SCHEDULED — None 7. UNFINISHED BUSINESS — None. 8. NEW BUSINESS a. Cemetery Fees 9. REPORTS a. Parks and Recreation Director b. Commission Chair C. City Council Liaison 10. NEXT MEETING ATTENDANCE NOTIFICATION — February 2, 2017 11. COMMISSION QUESTIONS & COMMENTS — None. 12. PERSONS PRESENT NOT SCHEDULED TO BE HEARD — None. 13. INFORMATION — None. 14. ADJOURNMENT Page 95 of 110 Meeting summary prepared and submitted by: Jamie Heinz, CIVIC Deputy City Clerk Page 96 of 110 KENAI BEAUTIFICATION COMMITTEE JANUARY 10, 2017 — 7:00 P.M. CITY HALL COUNCIL CHAMBERS VICE CHAIR BRANDA MADRID, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Vice Chair Madrid called the meeting to order at 7:15 p.m. Roll was confirmed as follows: Members present: B. Madrid, S. Peterson, R. Sierer Members absent: T. Canady, L. Gabriel Staff /Council Liaison present: Parks and Recreation Director B. Frates, Parks and Recreation Operator R. Dodge, Council Liaison Bob Molloy No quorum was present. 2. AGENDA APPROVAL 3. APPROVAL OF MEETING SUMMARY a. October 11, 2016 4. PERSONS SCHEDULED TO BE HEARD — None. 5. UNFINISHED BUSINESS — None. 6. NEW BUSINESS a. Discussion — 2017 Flowers 7. REPORTS a. Parks and Recreation b. Committee Chair C. City Council Liaison 8. NEXT MEETING ATTENDANCE NOTIFICATION — April 11, 2017 9. COMMITTEE MEMBER QUESTIONS AND COMMENTS 10. PERSONS NOT SCHEDULED TO BE HEARD — None. 11. INFORMATION — None. 12. ADJOURNMENT Meeting summary prepared and submitted by: Jamie Heinz, CMC, Deputy City Clerk Page 97 of 110 [PAGE LEFT BLANK INTENTIONALLY] Page 98 of 110 FINANCE DEPARTMENT MID -MONTH REPORT � Etie cx o `11�/ To: Paul Ostrander, City Manager �_lf From: Terry Eubank, Finance Director Date: January 12, 2017 Re: Monthly Report January 2017 The department has been working to make the transition of the new City Manager as smooth and easy as possible. The past month has been a busy one with much of the department's focus on the preparation of the FY2018 Budget. The Council is tentatively scheduled to receive its first draft of the FY2018 budget late April. There is much work to be done by all City departments over the next couple of months. I am anticipating the need for a couple of Council work sessions over the next couple of months to discuss with and receive input from Council on establishment of a City Fund Balance Policy and a new internal service fund for City health insurance. The department is preparing for a year -end review of the Airport Land Sale and General Land Sale Permanent funds' performance. The FYI transfer from the ALSPF to Airport Operations and the GLSPF to the General Fund is being calculated. The amount of these transfers is a function of their December 31, 2016 balances. representatives of Alaska Permanent Capital Management will be present at the February 1St Council meeting to discuss the 2016 performance of the permanent funds, recommend the asset allocation and benchmarks for 2017, and give a brief discussion on the economy and their projections for 2017. POLICE DEPARTMENT MID -MONTH REPORT December 2016 NMe city,( KENAI, ALASKA TO Paul Ostrander -- City Manager FROM: David Ross — Police Chief DATE: 1/9%2017 SUBJECT; Police & Communications Department Activity — Month of December 2016 Police handled 633 calls for service. Dispatch received 302 9 -1 -1 calls, 218 of which came from cell phones. Officers made 50 arrests and wrote 25+6 reports. Traffic enforcement resulted in 144 warnings, 7 citations for speeding, 1 citation for seatbelt, 9 citations for equipment violations, 1 citation for Due Care to Avoid a Collision, and 42 citations for "other." There were 3 DUI arrests (0 felony). Officers investigated 17 motor vehicle crashes, one of which was related to a DUL There were two crashes involving moose. School Resource Officer Smith handled 13 calls for service in the schools and conducted five presentation in the month of December. On Dec. 6 -7, the KPD officer on the AST SERT team attended training. On Dec. 6 -7, one KPD supervisor attended meetings and training in Anchorage related to legislative changes to the criminal justice system. On Dec. 8, one officer completed field training. On Dec. 8 & 9, five dispatchers attended BLS for Healthcare Professionals training in Kenai. 1 f Page 100 of 110 �� the city v/ '// KENAI. At ASNA TO: "'Village with a Past C# wA a Future' Kenai Animal Shelter 510 N. Willow St., Kenai, Alaska 99611 1 I Telephone: 907 - 283 -7353 1992 Chief Ross FROM: Animal Control Chief, Jessica "JJ" Hendrickson DATE: 1/7117 SUBJECT: December Monthly Report This month the Kenai Animal Shelter took in SO animals. Animal intake and disposition: DOGS: INTAKE 24 DISPOSITION 20 Waiver 12 Adopted 9 Stray 9 Euthanized 2 Impound 1 Claimed 4 Protective Custody 1 Field Release 0 Quarantine 0 Transferred to Rescue 5 Other rochip 1 Other 0 CATS: INTAKE 54 DISPOSITION 36 Waiver 42 Adopted 15 Stray 8 Euthanized 2 impound 0 Claimed 0 Protective Custody 4 Field Release 0 Quarantine 0 Transferred to Rescue 19 Other 0 Other 0 OTHER ANIMALS: 2 DISPOSITION 2 Rabbit 2 Rabbit 2 DOA: 7 OTHER: Dog 5 Dog Licenses 41 Cat 1 Chicken 1 1 Citations S .Animal dropped with After Hours (days we are closed but cleaning and with KpD) Volunteer Hours Logged 0 Animals are known borough animals 16 Field investigations & patrols Page 101 of 110 Kenai _ "V lea a with a Past, C# with a Future's bftd AFAWMUCII 1 � 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 I I the d!' Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 2111 KENM,M spa City of Kenai Fire Department Mid -Month Report — January 2017 The Kenai Fire Department finished the year with a record 1568 calls for service. This is a 13.3% increase in calls for service from 2015. The calls for service are higher across the board with no specific area (Fire, EMS, or other) being significantly higher than the other areas. Our neighboring departments, Central Emergency Services (CES) and Nikiski Fire Department have both seen an increase in calls for service in the 3 -5% range in 2016.We continue to see on average 72% of our calls for service being EMS related. This is in the standard range for a Fire Base EMS department. Over the last four years from 2013 — 2016 the department has seen a 36% increase in calls for service. Department members continue to complete classes for EMS recertification including Paramedic refresher course, Advanced Cardiac Life Support (ACLS), and other courses. Firefighter Omar Thompson successfully completed his EMT II course and in now certified as an EMT II. This course was taught on shift by KFD Paramedic Pete Coots. Page 102 of 110 PUBLIC WORKS DIRECTOR CAPITAL PROJECTS MANAGER I-` MID -MONTH REPORT Ike tc� 'f KENAI, ALASKA TO: Paul Ostrander, City Manager FROM: Sean Wedemeyer Public Works Director /Capital Projects Managers DATE: January, 2017 SUBJECT: Mid - Month Report; Public Works 1 Capital Projects • WWTP Improvements — Design in progress. CH2MHill site visit January 19. + Reservoir — Substantially complete. Closeout will begin after 1 year inspection in November. • Recoat Existing Reservoir — Enid opening February 7. • Public Safety Building improvements — Design complete in 2014. Additional funding required to construct HVAC upgrades. Grant funds expire 6130/2018. Estimate to construct $200k. $98,403.90 available. • Airport Security Camera Replacement — Airport manager to advise if we will advertise to bid as designed. • South Beach Road — Close out in progress. • Warm Storage — Close out in progress. • Multipurpose Facility Upgrades — ROM estimate to construct provided. • Small Taxiways and Aircraft Tiedown Rehabilitation — In winter shutdown. 2016 Improved Airport Drainage -- Substantially complete. Winter shutdown (paving.) • Kenai Airport Airfield Marking and Si na e 2016 — Awarded. Anticipated completion summer 2017. Vintage Pointe Roof Screw Replacement — Awarded. Construction scheduled for next spring. • Dock repair - Design in progress. • Senior Space Analysis and Concept Development Stud- In progress. • 2017 Municipal Tractor — Bid Due Date and Time: No later than Tuesday, January 10, 2017. • Inlet Woods Storm Drains - Bid Due Date and Time: No later than Tuesday, April 4, 2017. • Flight Service Station Phase 3 Interior remodel)-- Bid documents in development. • Animal Control Kennel Painting - Bid documents in development. • Senior Center Dining Room Atrium Replacement and Roof Repair — Bids rejected. Will re- scope project, seek additional funding if necessary, and rebid in early 2017. • Purchase Sander Truck — Specifications in development. Page 103 of 110 KENAI COMMUNITY LIBRARY MID -MONTH REPORT \\ mecitvof / JANUARY 2017 MUMMA December Circulation Figures - - Adult Fiction 1,348 Adult Non - Fiction 1,022 Young Adult Fiction 227 Periodicals 91 Internet Access 799 iPad use 157 Video 0 Room Booking 159 Juvenile Fiction 349 Music 81 Juvenile Non - Fiction 208 DVDs 1,995 Easy Fiction 676 Audio books 80 Easy Non - Fiction 279 Miscellaneous 168 Interlibrary Loan 4 Computer Programs Boobs — Consortium 166 Media — Consortium 69 Total Print 4,370 Total Non -Print 3,508 Total Circulation 7,878 In -House circulation 229 Library Door Count....... 6,506 Downloadable Audio 488 Consortium borrowing 290 Downloadable EBooks 515 In December we had 2 volunteers who put in about 12 hours. There were 17 Children's and Family programs with 247 total in attendance, and 13 adult programs with 148 attendees. In December we ordered 5 interlibrary loan items not available through the consortium and received 8 items, we returned 4 items and loaned 5 items to other libraries who are out of state or not in the consortium. One requested item was not available anywhere in the system. 16% of the total checkouts was for items that we own that went to other libraries in the consortium. DECEMBER Income Fines $ 810.58 Xerox 54.00 Lost/Damaged 49.43 Test Proctoring Fee 80.00 Printing 270.25 Other 5.00 Total income $1,269.26 Library Cards Issued December Kasilof 5 Kenai 22 Nikisld 2 Non Resident 2 Soldotna 3 Sterling 1 Other Peninsula 3 Tot !l S Page 104 of 110 KENAI SENIOR CENTER January 2017 REPORT My C 171 KENAI, ALASKA To: Paul Ostrander, City Manager From: Rachael S. Craig Date: January 9, 20117 December Meal Count 2016 Served: Total Congregate Meals Served: 1,496 Total Home Meals Served: 2,158 December Meal Count 2015 Served: Total Congregate Meals Served: 1,220 Total Home Meals Served: 1,908 December 2016 NTS Choice Home Meals 60+ Service Area 52 1343 10 394 Clients Meals Clients Meals 60+ Outside Service 1 28 1 28 Area Client Meals Clients Meals Under 60+ Service 2 63 6 240 Area Client Meals Clients Meats Under 60+ Outside -0- -0- 2 61 Service Area Client Meals Clients Meals Subtotals 55 1,434 19 723 Clients Meals Total NTS and Meals Choice 2,157 Waiver Clients 74 Meals The current Choice Waiver meal rate is $21.15 for a congregate meal and $21.47 for a home meal a client must be nursing home eligible and meet Medicaid income guidelines and approved by the state for a care plan. The Nutrition, Transportation and Services Grant allows for seniors to make a suggested donation. Senior's suggested donation currently is $6.00 plus $.60 per meal USDA Grant. The Administrative Assistant had 18 senior appointments this month. Each appointment focused on some type of senior issue, i.e. assist with Medicare drug plans, heating assistance, senior benefits applications, assisting a senior balance his/her checkbook, assist with social security issues and paperwork. The Administrative Assistant and the Director attended a Medicaid Reform Public Meeting where the Commissioner of Senior and Disabilities presented an update and changes that will be made over the next 3 — 4 years. They attended a Care Coordinator's luncheon and a tour of the new assisted living, "Charis Place," in Kenai. There were 53 volunteers that donated 1,198 hours during the month of December. The senior center was rented eight times during the month of December for various holiday parties. The new computer program, °myseniorcenter" is working great for the seniors. They are enjoying checking into the center to document their attendance and the staff are excited about the statistics it is provides. This month, 83.6% of the seniors that frequent the senior center are from the City of Kenai.. 16.4% are from the surrounding area. There were 156 who attended "The Breakfast with Santa." The Senior Center Bell Group entertained and after a couple of songs, invited the children to join in bell playing. It was a wonderful intergenerational activity that everyone enjoyed, bell ringers and the audience! 60 seniors attended the Christmas Party at the Center and 100 participated in the New Year's Eve Brunch. 53 attended the "Talent Show" with 25 participating in the show. There were singers, piano players, and various instrumental solos. Page 105 of 110 PARKS & RECREATION MID -MONTH REPORT January 2017 KENAL ALASKA Total reserved hours at the City of Kenai Multi- Purpose Facility for the month of December was 69 hours. A total of 81.75 hours were reserved last season during this time. The difference in hours is attributed to fewer KPHA teams this year. The annual Peninsula Winter Games is scheduled for January 19th through 21" and the youth hockey tournament will again be split between the MPF and Central Peninsula Sports Center. Festive Outfitters, Inc. performed a routine top -end rebuild to compressor #2 at the MPF. This was a scheduled preventative maintenance task performed annually-, compressor #1 will be re- built next season. Director Frates was on annual leave December 20 through January 10th. Staff member Randy Dodge was appointed Acting Director during this time. Staff spent a total of 21.25 hours maintaining sidewalks since mid- December and another 18.5 hours were spent grooming the Kenai Nordic Trails. Kenai Central High School will be hosting their annual ski event located at the Kenai Nordic Trails on January 201n. Snow accumulation is marginal in areas throughout the trees but sufficient in remaining open areas. Average ice depth at the outdoor skating pond is 12 ". There has been minimal snow the past few weeks and so maintenance demand has been low. A total of 5 hours were spent removing snow, performing ice measurements, etc. since mid - December. A children's birthday party was held there during the week of January 2 "d Demand for snow removal around hydrants has been low as well. Staff member Alex Koch has been busy inspecting hydrant locations and performing snow removal as needed. The Street Department operators have done an exceptional job preventing snow from accumulating around the hydrants throughout the performance of their duties. The Kenai Central High School Varsity Hockey team will be hosting their first games at the MPF January 12tH 13tH and 14tH. Staff members have been busy per a variety of tasks in preparation for this event. An order for flower plugs was made in December and I expect the first arrival sometime in early March. Our goal this summer is to utilize two different designs for both the concrete circle planters along the Kenai Spur Highway and the wooden flower boxes placed at various street intersections. Page 106 of 110 r 14i nai Municipal Airport Airport Manager's Report January 2011 Airport Improvement Program: The Technical Advisory Committee met on December 19t with Wince - Corthell -Bryson and Aries Consultants (telephonically) to discuss Chapters 9 and 10 of the Phase III report. City and Airport Administration will be working with Aries to address comments from the meeting. Small Taxiway & Aircraft Tie down Project 2016 — The project has attained substantial completion and is in winter shutdown. Airport Field Marking Project 2016 — This project was delayed to the spring of 2017. Security Camera Proiect 2016 — The FAA is reviewing the plans and specs. This project will be carried over to FY2017. Improved Airport Drainage 2016 — Project has attained substantial completion and is in winter shutdown. In- house: Operations staff is busy with snow and ice control, equipment maintenance, and sand stockpiling. Airport and Kenai Fire Department personnel are preparing for the annual FAA Certification Inspection from January 31 — February 2, 2017. Matthew Stearns will be reviewing the FAR 139 requirements for the aircraft rescue and firefighting, personnel training records, quarterly inspection records of fueling facilities, the Airport Emergency Control Plan, Certification manual, daily safety inspection reports, records of any accidents or incidents, signage, marking, lighting, etc. Airport Administration continues to work on the Letter of Agreement with the Control Tower and Airway Facilities to allow personnel and equipment to work in the runway safety area. The Airport is the first in Alaska to start this process. Float Plane Basin Plant Life — The water runway has a very rich native aquatic plant base that is causing problems for aircraft. A deep freeze into the sandy substrate to kill most of the roots of the perennial aquatic plants was the first recommendation of the USFW Service. The basin was drained in October and with the recent cold spell, we are hopeful this will work. On Wednesday, January 18th, the outflow will be closed to start the refilling process and get the water level back up to four feet in time for aircraft operations in the spring. 2017 -01 Page 107 of 110 10, enai Munlclpal Airport Grant 1 ,734 December 2 016 7,136 RAV N 5,402 75.70% Month RAVN ALASKA GRANT AVIATION Total 2016 2015 Change from 2015 KENAI AVIATION Combined Month Total January 5,273 1,831 7,104 7,153 -49 75 7,449 February 4,799 1,682 6,481 6.764 -283 52 6,876 March 1 5,027 1,771 6,798 7,380 -582 47 7,167 April 4,585 1,559 6,144 6,950 -806 62 6,553 May 5,614 1,682 7,296 7,592 -296 29 7,747 June 5,717 1,846 7,563 8,522 -959 61 8,041 July 8,871 2,363 11,234 10,802 432 53 11,712 August 8,503 2,559 1 11,062 10,619 443 77 11,564 September 6,098 1,921 8,019 8,508 -439 26 8,511 October 5,781 1,898 7,679 7,966 -287 27 8,147 November 5,264 1,832 7,096 7,526 -430 11 7,107 December 5,402 1,734 7,136 7,259 -123 22 7,158 Totals 70,934 22,678 93,612 97,041 -3,429 542 98,032 Terminal - Vehicle Parking Revenues December FY16 1 $19,997 FY16 Total $237,614 FY17 $19,333 FY17 YTD $126,127 �1 Vehicle Parking Revenues 30000 27500 25000 22500 20000 17500 15000 12500 10000 7500 5000 2500 0 ■ FY16 ■ FY17 Page 108 of 110 r C G7 m 90 D U) O D m m z O O m z m D m z O ro O n m zn O z D r m C7 O f!? m C_ C) m r m D z a m n O cn m n m D A cn m D C A z -i U) C r X m c D z G) r cn 7 m m m z z �Q O > 0 D m C r m z -, m m m � ro O cn ro p z C) O z C n O z OD N C.)l O O Page 109 of 110 r z a `mi I D C) z m m 0 C m z N N cn CO O A O 1 zn m r m D O m K m G) m z C) m ro D m z D r m X z D r x m ro A w 90 D z m z D z C) m CO OD N O C? O C m z v O M v m N n ro O z m .Q D 0 n O c z a O C z n 0 C z 0 r m m z G} O n C- a z C a no N 0 w G, Mountain View/Kenai Middle School CO Q a Christmas Drive Committee ED ��'� . `°� z 315 Swires Rd. G LU Kenai, AK 99611 sko January 5, 2017 City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Dear City ol' Kenai Employees, The Clu-isttxxas Drive Committee would like to extend our heartfelt thank you for participating in our 2016 Christmas Drive. Each year the generosity of our community is so awesome. This year we were able to provide a Cliristmnas dinner and extra canned goods, as well as two new toys, bats and mittens for 68 families, including 179 children. We were also able to provide winter clothes and boots for children that needed them. This year, as in the past, we coordinated our efforts with other agencies here on die peninsula to prevent duplication and to ensure our funds went as far as possible. Our goal would have been impossible without your support and the support of others in our community. Thanks again and best wishes for a happy and prosperous 2017! Sincerely, Kimb Remsen Kelly Johnson Barbara Ralston Mountain Viewer /Kenai Middle School Christmas Drive Committee Page 110 of 110 JANUARY 18, 2017 CITY COUNCIL MEETING ADDITIONAL MATERIAL /REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM Add to Item D.6 & D.7 Resolutions 2017 -02 & 2017 -03 • Postponement Request REQUESTED BY Councilor Molloy From: Bob Mollov To: Sandra Modish Cc: Scott Bloom Subject: Re: Laydown Request 1/18/2017 Council Meeting on agenda items D6 and D7 Date: Tuesday, January 17, 2017 11:12:05 AM Dear Mayor Gabriel, Council Members and Student Representative: I will be traveling back from a business trip and unable to attend the council meeting of Wednesday 1/18/2017, either by telephone or in- person. I would like to participate in the action on the two new policies on the 1/18/2017 agenda, which are establishing procedures for use and management of city issued mobile devices (D6, Resolution No. 2017 -02) and establishing a supervisory sub - committee (D7, Resolution No. 2017 -03. 1 will be able to view the discussion later, and if postponement is allowed, will be able to participate in additional discussion. Both resolutions and policies are not time sensitive. A postponement of action to the next meeting will allow for any additional public comment and I will appreciate the opportunity to participate. Therefore, I respectfully request that Council postpone action on these resolutions to the first meting of February, 2017. Your consideration is appreciated. Thank you. Council Member On Jan 16, 2017, at 10:22 AM, Sandra Modigh wrote: Morning Bob — please resend with the attachment/referenced email. Thanks, Sandra From: Bob Molloy [mailto :bob @molloyforcouncil.com] Sent: Monday, January 16, 2017 9:53 AM To: Sandra Modigh <smodigh(@kenai city> Cc: Jamie Heinz <iheinzPkenai.city >; Brian G. Gabriel, Sr. <beabrielpkenai.city >; Scott Bloom <sbloom(e)kenai.city >; Paul Ostrander <postranderpkenai.city> Subject: Laydown Request 1/18/2017 Council Meeting on agenda items D6 and D7 Hi Sandra: Please make this email a laydown for the 1/18/2017 Council Meeting on agenda items D6 and D7, Resolutions Nos. 2017 -02 and 2017 -03. Thank you. ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING JANUARY 18 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.cit A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Recognition of Volunteer Services for Al Hull 5. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS ENACTED UNANIMOUSLY. Ordinance No. 2934 -2017 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department. 2. ENACTED UNANIMOUSLY. Ordinance No. 2935 -2017 — Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed through the Alaska State Library for Employee Travel And Training. 3. ENACTED UNANIMOUSLY. Ordinance No. 2936 -2017 — Increasing (Decreasing) Estimated Revenues and Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary Transfers in that Fund for Remaining FY2017 Projected Expenditures. 4. ENACTED UNANIMOUSLY. Ordinance No. 2937 -2017 — Increasing Estimated Revenues and Appropriations by $59,000 in the Airport Fund for the Purchase of Approximately 80 Acres of Real Property Described as SW1 /4 Excepting Therefrom those Portions as Per W/D 51 @ 152 and as Per Superior Court Order under Case No 3KN -86 -1406, Cl, Section 29, T6N, R1 1W, to be Retained by the City for Public Use and Reserved for Airport Purposes. 5. ENACTED UNANIMOUSLY. Ordinance No. 2938 -2017 — Increasing Estimated Revenues and Appropriations by $20,600 in the Water & Sewer Fund for the Purchase of Approximately 2.27 Acres of Real Property Described as Lots 1 and 2, Block B, Beaver Creek Alaska Subdivision Amended, Section 36, T6N, R11 W, to be Retained by the City for Public Use. 6. ADOPTED. Resolution No. 2017 -02 — Approving City Council Policy 2017- 01, Establishing Procedures for the Use and Management of City Issued Mobile Devices to City Council Members. 7. POSTPONED TO 2/1/2017. Resolution No. 2017 -03 — Establishing a Sub - Committee of Council for the Purpose of Improving Efficiency in the Supervision of the City Attorney, City Clerk and City Manager and Approving Council Policy 2017 -02 Establishing Procedures and Responsibilities of the Sub - Committee. 8. ENACTED. Resolution No. 2017 -04 — Authorizing the Sale of Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition, City -Owned Airport Property Located Outside the Airport Reserve, to Dean You, or His Assignee. MINUTES 1. APPROVED BY THE CONSENTAGENDA. *Work Session of October 19, 2016 2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of January 4, 2017 UNFINISHED BUSINESS 1. POSTPONED TO 211512017. Ordinance No. 2932 -2016 — Donating and Declaring no Longer Needed for a Public Purpose a Certain Parcel Described as Lot 17, Block 5, Original Townsite of Kenai, (KPB Parcel No. 047 - 071 -21) to the Kenaitze Indian Tribe. G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action /Approval — Bills to be Ratified. 2. APPROVED BY THE CONSENT AGENDA. *Action /Approval — Purchase Orders Exceeding $15,000. 3. SHAUNA THORNTON AND CHARLIE STEVENS APPOINTED TO THE PARKS AND RECREATION COMMISSION. Action /Approval — Mayoral Nomination and Council Confirmation to Appoint Shauna Thornton and Charlie Stevens to the Parks & Recreation Commission. H. COMMISSION /COMMITTEE REPORTS Kenai City Council Meeting Page 2 of 3 January 18, 2017 J. I . Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini -Grant Steering Committee REPORT OF THE MAYOR 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None. N. ADJOURNMENT INFORMATION ITEMS Purchase Orders between $2,500 and $15,000 for Council Review. Correspondence from Mountain View /Kenai Middle School Christmas Drive Committee Thanking the City for Participating in the 2016 Christmas Drive. The agenda and supporting documents are posted on the City's website at www.kenai.citY. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -8231. Kenai City Council Meeting Page 3 of 3 January 18, 2017 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE JANUARY 18, 2017 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. ENACTED UNANIMOUSLY. Ordinance No. 2934 -2017 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department. 2. ENACTED UNANIMOUSLY. Ordinance No. 2935 -2017 — Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed through the Alaska State Library for Employee Travel And Training. 3. ENACTED UNANIMOUSLY. Ordinance No. 2936 -2017 — Increasing (Decreasing) Estimated Revenues and Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary Transfers in that Fund for Remaining FY2017 Projected Expenditures. 4. ENACTED UNANIMOUSLY. Ordinance No. 2937 -2017 — Increasing Estimated Revenues and Appropriations by $59,000 in the Airport Fund for the Purchase of Approximately 80 Acres of Real Property Described as SW1 /4 Excepting Therefrom those Portions as Per W/D 51 @ 152 and as Per Superior Court Order under Case No 3KN -86 -1406, Cl, Section 29, T6N, R1 1W, to be Retained by the City for Public Use and Reserved for Airport Purposes. 5. ENACTED UNANIMOUSLY. Ordinance No. 2938 -2017 — Increasing Estimated Revenues and Appropriations by $20,600 in the Water & Sewer Fund for the Purchase of Approximately 2.27 Acres of Real Property Described as Lots 1 and 2, Block B, Beaver Creek Alaska Subdivision Amended, Section 36, T6N, R11 W, to be Retained by the City for Public Use. 6. ADOPTED. Resolution No. 2017 -02 — Approving City Council Policy 2017 -01, Establishing Procedures for the Use and Management of City Issued Mobile Devices to City Council Members. 7. POSTPONED TO 2/1/2017. Resolution No. 2017 -03 — Establishing a Sub - Committee of Council for the Purpose of Improving Efficiency in the Supervision of the City Attorney, City Clerk and City Manager and Approving Council Policy 2017 -02 Establishing Procedures and Responsibilities of the Sub - Committee. 8. ENACTED. Resolution No. 2017 -04 — Authorizing the Sale of Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition, City -Owned Airport Property Located Outside the Airport Reserve, to Dean You, or His Assignee. 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 amended by the Council prior to adoption without further publRrl A �, NOTICE OF PUBLIC HEARING JANUARY 18, 2016 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date: 1. Ordinance No. 2934 -2017 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department. 2. Ordinance No. 2935 -2017 — Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed through the Alaska State Library for Employee Travel And Training. 3. Ordinance No. 2936 -2017 — Increasing (Decreasing) Estimated Revenues and Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary Transfers in that Fund for Remaining FY2017 Projected Expenditures. 4. Ordinance No. 2937 -2017 — Increasing Estimated Revenues and Appropriations by $59,000 in the Airport Fund for the Purchase of Approximately 80 Acres of Real Property Described as SW1 /4 Excepting Therefrom those Portions as Per W/D 51 @ 152 and as Per Superior Court Order under Case No 3KN -86 -1406, Cl, Section 29, T6N, R11W, to be Retained by the City for Public Use and Reserved for Airport Purposes. 5. Ordinance No. 2938 -2017 — Increasing Estimated Revenues and Appropriations by $20,600 in the Water & Sewer Fund for the Purchase of Approximately 2.27 Acres of Real Property Described as Lots 1 and 2, Block B, Beaver Creek Alaska Subdivision Amended, Section 36, T6N, R11 W, to be Retained by the City for Public Use. 6. Resolution No. 2017 -02 — Approving City Council Policy 2017 -01, Establishing Procedures for the Use and Management of City Issued Mobile Devices to City Council Members. 7. Resolution No. 2017 -03 — Establishing a Sub - Committee of Council for the Purpose of Improving Efficiency in the Supervision of the City Attorney, City Clerk and City Manager and Approving Council Policy 2017 -02 Establishing Procedures and Responsibilities of the Sub - Committee. 8. Resolution No. 2017 -04 — Authorizing the Sale of Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition, City -Owned Airport Property Located Outside the Airport Reserve, to Dean You, or His Assignee. The public hearing will commence at 6:00 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 and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Modigh, CMC, City January 13, 2017