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Home My WebLink About2017-05-17 Council Packet KENAI CITY COUNCIL – REGULAR MEETING MAY 17, 2017 – 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 Shauna Thornton and Mackenzie Lindeman 5. Proclamation for Men’s Health Month 6. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Audre Gifford, Kenaitze Indian Tribe – Awareness for the Yinihugheltani (Youth Suicide Awareness) Program C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2950-2017 – Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed Through the Alaska State Library for the Purpose of Funding a 10 Week Student Internship Position at the Kenai Community Library. ............................................... Pg. 6 2. Ordinance No. 2951-2017 – Amending Kenai Municipal Code Title 23 – Personnel Regulations, to Clarify the Performance Evaluation Rating Categories for Consistency with the City’s Performance Evaluation Form and Practices. ................................................................................................ Pg. 9 3. Ordinance No. 2952-2017 – Accepting and Appropriating Additional Funds from the Federal Aviation Administration for the Small Taxiways and Aircraft Tie-Down Rehabilitation 2015-2016 Project. ......................................... Pg. 13 Kenai City Council Meeting Page 2 of 5 May 17, 2017 4. Ordinance No. 2953-2017 – Accepting and Appropriating Additional Funds from the Federal Aviation Administration for the 2016 Improved Airport Drainage Project. .................................................................................. Pg. 16 5. Ordinance No. 2954-2017 – Amending Kenai Municipal Code Chapter 10.30 – Record Retention, to Update and Clarify the Form, Operations, and Procedures Regarding the Public Records Management Schedule and Record Retention Policy, and Making other Housekeeping Changes. ................................ Pg. 19 6. Ordinance No. 2955-2017 – Accepting and Appropriating a Grant from the Southern Region Emergency Medical Services (EMS) Council to Provide Staff Training. ................................................................................................ Pg. 23 7. Ordinance No. 2957-2017 – Authorizing the Sale of Tract A, Dragseth Subdivision 2016 Addition, According to the Official Plat Thereof, under Plat No. 2016-22, Filed in the Kenai Recording District, Third Judicial District, State of Alaska, Including all Improvements Thereon, to PRL Logistics Inc., and Providing the Sale Proceeds to the State of Alaska for Reimbursement into Grant No. 15-DC-078 for Use by the City to Continue Enhancing Access and other Related Improvements to the South Beach. .................................. Pg. 26 • Substitute Ordinance No. 2957-2017 ......................................... Pg. 45 8. Ordinance No. 2956-2017 – Amending Kenai Municipal Code 13.30.080 – Operating a Vehicle in s Prohibited Area, and Associated Appendix II, to Allow for Limited Operation and Maintenance of the Existing Air Strip on a Portion of Tract B, Dragseth Subdivision 2016 Addition, According to the Official Plat Thereof, Filed Under Plat Number 2016-22, and a Portion of Government Lots 9-15 Inclusive, Section 7, Township 5 North, Range 11 West, and a Portion of the SE ¼ SE ¼ NE ¼, Section 7, Township 5 North, Range 11 West, Seward Meridian all Recorded in the Kenai Recording District, Third Judicial District, State of Alaska. ..................................................................................... Pg. 51 9. Resolution No. 2017-20 – Approving a Special Use Permit for PRL Logistics, Inc., for the Contingent Use of an Airstrip on City Owned Property Adjacent to the South Beach. ................................................................................... Pg. 56 10. Resolution No. 2017-21 – Awarding an Agreement for Construction of Senior Center Dining Room Roof Repair and Atrium Replacement 2017. ......... Pg. 69 11. Resolution No. 2017-22 – Repealing the City of Kenai Record Retention Schedule Adopted on July 6, 2011 by Resolution No. 2011-51 and Enacting a Public Records Management Schedule and Record Retention Policy. ... Pg. 71 12. Resolution No. 2017-23 – Authorizing Budget Adjustments in the Airport Fund for Costs in Excess of Budgeted Amounts. ......................................... Pg. 132 13. Resolution No. 2017-24 – Amending Policy No. 2016-01, Procedures for Commissions, Committees and Council on Aging – To Provide Procedures for Council Involvement in Commissions, Committees and Council on Aging Meetings. ............................................................................................ Pg. 135 Kenai City Council Meeting Page 3 of 5 May 17, 2017 E. MINUTES 1.*Work Session of April 29, 2017 ............................................................ Pg. 141 2.*Regular Meeting of May 3, 2017 .......................................................... Pg. 147 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ............................................. Pg. 156 2. *Action/Approval – Liquor License Renewal for Oaken Keg #1808. . Pg. 157 3. *Ordinance No. 2960-2017 – Amending Kenai Municipal Code 14.25.015- Landscaping/Site Plan for Land Clearing, and Kenai Municipal Code 14.25.020-Application, to Prohibit Land Clearing of More Than Twenty Percent of a Parcel Without an Approved Landscaping/Site Plan. ................... Pg. 166 4. *Ordinance No. 2961-2017 – Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2017 and Ending June 30, 2018 and Committing $1,000,000 of General Fund, Fund Balance for Capital Improvements. ........................................................................................................... Pg. 169 5. *Ordinance No. 2962-2017 – Amending the Kenai Municipal Code, Title 23, “Personnel Regulations,” Chapter 23.55 Fiscal Year 2018 Operating Budget Salary Schedule. ................................................................................ Pg. 184 6. *Ordinance No. 2963-2017 – Authorizing Budget Adjustments and Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. ............................................................................ Pg. 187 7. *Ordinance No. 2964-2017 – Repealing Kenai Municipal Code Chapter 5.15- Private Detective Agencies, Removing Specific Local Regulation of Detective Agencies. ............................................................................................ Pg. 196 8. Action/Approval – Authorizing the City Manager to Work with the Kenai Chamber of Commerce to Create a Partnership with the Chamber through a Memorandum of Understanding to Hold a Silver Salmon Derby. ........ Pg. 202 9. Action/Approval – Approving a Special Use Permit to Kenai Rotary for Use of the Multi-Purpose Facility for the Kenai Rotary Soap Box Derby. ........ Pg. 203 10. Action/Approval – Approving an Amended Special Use Permit for use of the Softball Green Strip to Golden Wheel Amusements for a Carnival. ..... Pg. 211 11. Action/Approval – Mayoral Nomination and Council Confirmation of Mike Dunn to the Harbor Commission. ........................................................ Pg. 220 Kenai City Council Meeting Page 4 of 5 May 17, 2017 12. Action/Approval – Mayoral Nomination and Council Confirmation of Recommending Applicants to the Borough Mayor for Appointment to the Kenai Peninsula Borough Planning & Zoning Commission. .......................... Pg. 221 13. Action/Approval – Approving an Employment Agreement between the City of Kenai and City Clerk Sandra Modigh. [Clerk’s Note: Council May Convene into Executive Session to Discuss this Agenda Item which May be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk and of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS 44.62.310(C)(1)(2)] H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission ............................................................................ Pg. 225 3. Harbor Commission ............................................................................ Pg. 228 4. Parks and Recreation Commission ..................................................... Pg. 230 5. Planning and Zoning Commission ...................................................... Pg. 235 6. Beautification Committee .................................................................... Pg. 239 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager ...................................................................................... Pg. 242 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 – See G.13. 1. Review and Discussion of the City Clerk’s Evaluation; a Matter which may be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk [AS 44.62.310(C)(2). M. PENDING ITEMS – None. N. ADJOURNMENT **************************************************************************************************** Kenai City Council Meeting Page 5 of 5 May 17, 2017 INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Kenai Watershed Forum Donation Request. 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. Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2950-2017 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 THE PURPOSE OF FUNDING A 10 WEEK STUDENT INTERNSHIP POSITION AT THE KENAI COMMUNITY LIBRARY. WHEREAS, the Kenai Community Library has received a $5,250 grant from the IMLS passed through the Alaska State Library to fund a 10 week student internship position ; and, WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate these grant funds to promote librarianship opportunities to a student; and, WHEREAS , it will benefit the community to have a student dedicated to a special project in the library; and, WHEREAS, the grant will also cover all expenses for the student and the library director to attend a kick-off event and a wrap-up event. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Section 1. Form : That this is a non-code ordinance . Section 2. That the City Manager is authorized to accept a grant in the amount of $5,250 from the I MLS pa ssed through the Pub I ic Library Association for a student internship of 10 weeks and to execute grant agreements and to expend 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 Increase Appropriations: Library -Salaries Library -Medicare Library -Social Security Library -Unemployment Insurance Library -Workers' Compensation $.5.2.5Q $4,655 70 290 25 210 $~ New Text Underlined; [D ELETED TEXT BRACKETED] Ordinan ce No. 2950-2017 Page 2 of 2 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 ord inance even without such part, provision , or application . Section 5. Effective Date : That pursuant to KMC 1.15 .0?0(f), this ordinance shall take effect upon adoption . ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , this 17th day of May, 2017. ATTEST : Sandra Modigh , City Clerk Approved by Finance Z LA BRIAN GABRIEL SR., MAYOR Introduced : May 3, 2017 Enacted: May 17, 2017 Effective : May 17, 2017 New Text Under lined ; (DELETED TEXT BRACKETED] 11/tffap «1/t~ a Pa~~ Ot'tj «1/t~ a Fat~ " 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax : (907) 283-3014 www. kenai. city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Br ian Gabriel and Kenai C ity Council Paul Ostrander, City Manager? o ~ Mary Jo Joiner, Library Director 13 April 2017 Publ ic Library Association Grant The Kenai Community Library has been invited to apply for a grant from the Institute of Museum and Library Services under a program called Inclusive Internsh ip Initiative . This grant will fund internships in select libraries this summer for high school juniors and seniors . The Publ ic Library Association anticipates that each library will receive a stipend of approximately $5,250 over the course of the summer which should fund 10 weeks of work at 35/hours a week. The intent of the grant is to mentor a student and assign them a meaningful project. The library is responsible for assigning a mentor who will work approximately 5 hours/week mentoring and coaching the student. The mentor and student will be required to attend a k ick-off event June 16 and 17 in Washington D.C . at the Library of Congress and a wrap event in Chicago in September. Ex penses for travel, lodg ing and meals for these events will be covered by the Public Library Association . By the end of the summer it is hoped that students will more fully understand the scope of library work as well as have increased their skills in the identified project area . 80 libraries have been in vited to apply for 50 grants. The applications are due by April 24 and notification of award is anticipated by May 5 . I am writing this memo so that we can 'hit the ground running ' on this as soon as we receive notification . Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2951-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE TITLE 23 -PERSONNEL REGULATIONS, TO CLARIFY THE PERFORMANCE EVALUATION RATING CATEGORIES FOR CONSISTENCY WITH THE CITY'S PERFORMANCE EVALUATION FORM AND PRACTICES. WHEREAS, the City evaluates employee performance using a five-point rating scale in which employees are rated as Outstanding, Exceeds Expectations, Meets Expectations, Needs Improvement, and Unsatisfactory in six categories ; and , WHEREAS, in order for employees to be eligible to receive an advanced step increment at appropriate annual , biennial or quadrennial anniversary dates, or be eligible to receive longevity pay, the employee must receive a rating of satisfactory or better in his or her last performance evaluation; and , WHEREAS, employees who receive an overall rating of "Needs Improvement" or a rating of less than satisfactory in one or more of the categories on the City's Performance Evaluation Form appear eligible to receive an advanced step increment and longevity pay under certain sections of code and not eligible under other sections; and , WHEREAS, the City's practice is to advance an employee one step or pay the employee longevity pay when the employee receives an overall evaluation of "Meets Expectations" or better and to not advance an employee one step or pay the employee longevity pay who receives an overall evaluation of "Unsatisfactory" or "Needs Improvement"; and , WHEREAS, the sections of the City's code that refer to performance evaluation rating categories should be amended to be consistent with the City's Performance Evaluat ion form and practices . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows: Section 1. Form : That this is a code ordinance. Section 2 . Amendment of Section 23.45.020 of the Kenai Municipa l Code : That Kenai Municipal Code , Section 23.45.020 , is hereby amended as follows : 23.45.020 Periods of evaluation. Each employee in the classified service shall have his or her performance evaluated at the following periods: {a) End of Probationary Period . Each employee shall be evaluated thirty (30) days prior to the completion of his or her probationary period . The employee must have an New T ext Underlined; [DELETED TE XT BRACKETED) Ordinance No . 2951-2017 Page 2 of 3 overall evaluation of at least ["SATISFACTORY"] "Meets Expectations" in order to become permanent. (b) Annual. Each employee shall receive an annual performance evaluation thirty (30) days prior to his or her anniversary date. (c) Time of Separation . Each employee shall be evaluated at the time of separation and such record shall become part of his or her permanent personnel file. Section 3. Amendment of Section 23.45 .050 of the Kenai Municipal Code : That Kenai Municipal Code , Section 23.45 .050, is hereby amended as follows: 23.45.050 Unsatisfactory evaluation. Employees who receive an overall rating of ["UNSATISFACTORY"] "Unsatisfactory" or "Needs Improvement" on their annual evaluation shall not be eligible to [RECEIVE AN IN- GRADE PAY INCREMENT] be advanced a step increment at appropriate annual . biennial or quadrennial anniversary dates. Employees who receive two (2) consecutive overall ratings of "unsatisfactory" shall be subject to dismissal Section 4. Amendment of Section 23 .55 .020 of the Kenai Municipal Code : That Kenai Municipal Code, Section 23 .55.020, is hereby amended as follows: 23 .55.020 Compensation Structure by Grade. (a) Compensation structure by grade is hereby established in accordance with the table that is appended to this title and which may be amended , modified, or replaced by ordinance , in which case a copy of the amended , modified, or replacement table shall be substituted for the prior table and placed in the code at the end of this title . (b) On completion of the probationary period , each permanent full-time employee shall be advanced one (1) step . At succeeding anniversary dates, subject to evaluation, employee may be advanced a step increment. The time period normally between steps B to C to D to E to Fis one (1) year. The time normally between Steps F to AA to BB to CC is two (2) years . (c) On completion of the probationary period, each permanent part-time employee shall be advanced one (1) step. At appropriate biennial or quadrennial anniversary dates thereafter, subject to the employee 's most recent annual evaluation being [SATISFACTORY] "Meets Expectations" or better, the employee may be advanced a step increment. The time period normally between steps B to C to D to E to F is two (2) years . The time period normally between steps F to AA to BB to CC is four ( 4) years . Section 5. Amendment of Section 23.55 .080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23 .55 .080 , is hereby amended as follows : 23.55.080 Longevity pay. All regular employees who have received an overall rating of [SATISFACTORY] "Meets Expectations" or better in their last performance evaluation and who have been at Step CC for a period of at least two (2) years as of July 31st shall be paid a longevity bonus of two percent (2%) of his or her annual pay rate (i.e ., excluding overtime). The longevity pay shall be paid just once a year on the August payroll , except that the longevity bonus in 2008 shall be paid after the effective date of the ordinance codified in this section but prior to the end of the calendar year 2008. Notwithstanding the above , any employee who has received a range increase or a New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2951-2017 Page 2 of 3 noncost of living pay increase within their current pay range within the twelve ( 12) months prior to July 31st is not eligible for a longevity pay bonus 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 .0?0(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 17th day of May, 2017. ATTEST: Sandra Modigh, City Clerk BRIAN GABRIEL SR., MAYOR Introduced: May 3, 2017 Enacted: May 17, 2017 Effective : June 17, 2017 New Text Underlin ed; [DELETED TEXT BRACKETED] "Vt1/tlje with a Past, City with a future" 210 Fidalgo Avenue , Kenai , Alaska 99611-7794 Telephone : 907-283-7535 /Fax: 907-283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager,?, 0 - Christine Cunningham , Assistant to City Manager/ Hp April 26 , 2017 Ordinance No. 2951-2017 The purpose of this memo is to provide support for Ordinance No. 2951-2017 . Supervisors recently received training on Employee Performance Evaluation and asked Administration for clarification of the effect of the rating categories included on the City's Performance Evaluation form on an employee 's eligibility for a step increase and/or longevity pay. The City 's form includes a five-point rating scale in which employees are rated as Outstanding , Exceeds Expectations, Meets Expectations , Needs Improvement, and Unsatisfactory in six categories . If an employee receives an overall evaluation of "Needs Improvement," the Code is not clear as to whether the employee is elig ible to receive a step increase or longevity pay. KMC23.45 .050 states employees who receive an overall rating of "unsatisfactory" are not eligible to receive a step increase and KMC23 .55 .080 states an employee is eligible for longevity pay if he or she receives an overall rating of "satisfactory" or better. The City 's practice is to advance an employee one step or pay the employee longevity pay when the employee receives an overall evaluation of "Meets Expectations" or better and to not advance an employee one step or pay the employee longevity pay who receives an overall evaluation of "Unsatisfactory" or "Needs Improvement." If adopted , Ordinance No . 2951-2017 will clarify sections of the City's code that refer to performance evaluation rating categories to be consistent with the City's Performance Evaluation form and practices . Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2952-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, ACCEPTING AND APPROPRIATING ADDITIONAL FUNDS FROM THE FEDERAL AVIATION ADMINISTRATION FOR THE SMALL TAXIWAYS AND AIRCRAFT TIE-DOWN REHABILITATION 2015-2016 PROJECT. WHEREAS, during the reconstruction phase of the small taxiways project, an issue arose with the general aviation flood lights and Ordinance 2940-2017 appropriated $ 12, 799 for design and construction costs to resolve the underground wiring issues; and , WHEREAS, City Administration requested a fee proposal to upgrade the six (6) general aviation flood lights with new foundations, poles, and LED fixtures; and, WHEREAS, the cost of the additional construction is $ 73,554; and, WHEREAS, the Administration has received confirmation these services are eligible for 93. 75% FAA reimbursement,$ 68,957, with the 6 .25% of$ 4,597 to be provided by the City of Kenai ; and , WHEREAS, previous appropriations of Airport funds are sufficient to provide the required local match of$ 4,597; and, WHEREAS, the recommendation from City Administration is to increase the construction contract to Knik Construction Co., by $ 73,554 for the total contract amount of $1,854,634.40 to complete this scope of work. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows : Section 1. Form : That this is a non-code ordinance. Section 2. That the City Manager is authorized to accept additional grant funding in the amount of$ 68,957 from the Federal Aviation Administration and to execute grant agreements and to expend grant funds to fulfill the purpose and intent of this ordinance. Section 3. That estimated revenues and appropriations be increased as follows: Airport Improvements Capital Project Fund -Airfield Drainage Project: Increase Estimated Revenues - FAA Grants $68.957 Increase Appropriations : Construction $68.957 New Text Underlin ed ; [D ELETED TEXT BRACKETE D] Ordinance No . 2952-2017 Page 2 of 2 Section 4. That the City Manager is authorized to execute a change order with Knik Construction, Co ., in the amount of $ 73,554 to complete this scope of work . 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 1.15.0?0(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 171h day of May, 2017 . ATTEST: Sandra Modigh, City Clerk Approved by Finance JL BRIAN GABRIEL SR , MAYOR Introduced: May 3, 2017 Enacted: May 17, 2017 Effective: May 17 , 2017 New Text Underlined ; (DELETED TEXT BRACKETED] 'Vtff~ w/t/r, a Pair~ Ct'tj w/t/r, a ratfl.l"e JI 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager?.o . Mary L. Bondurant -Airport Manager April 24, 2017 Ordinance 2952-2017, Appropriating Additional Funds from the FAA for the 2016 Small Taxiway & Aircraft Tie down Project When the flood lights along taxiways G & H were removed to establish a temporary taxiway for the above project, it was discovered that all the underground electrical was out of compliance with National Electric Standards so they could not be reconnected to the existing wire. Ordinance 2940-2017, effective February 15, 2017 , appropriated $ 12 ,799 to Wince-Corthell-Bryson for the design and construction administration of new flood lights . This ordinance appropriates $73,554 to Knik Construction , Co ., to remove and sa lvage th e si x wood poles and light fixtures and furnish and install six light poles with LED fixtures, and connect new wiring that conforms to NEC and IBC Standards of Installation. These lights are very important to aircraft operating on these tax iways and I recommend approva l of this change order. If you have any questions, please contact me. Attachment Sponsored by : Administration CITY OF KENAI ORDINANCE NO. 2953-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, ACCEPTING AND APPROPRIATING ADDITIONAL FUNDS FROM THE FEDERAL AVIATION ADMINISTRATION FOR THE 2016 IMPROVED AIRPORT DRAINAGE PROJECT. WHEREAS, seasonal ponding has been occurring across the north end of the airfield creating a waterfowl attractant in the approach to Runway 20R; and , WHEREAS , this was also identified as a safety hazard to landing aircraft in the Airport 's W ildlife Hazard Assessment Plan prepared by the USDA; and, WHEREAS, the cost of the additional construction work to eliminate the seasonal ponding is $31,591, and additional engineering services is$ 9, 730 , for a total of $41 ,321 ; and, WHEREAS , the Administration has received confirmation these services are eligible for 93. 75% FAA reimbursement, $ 38 , 738 with the 6 .25% of$ 2,583 to be provided by the City of Kenai; and , WHEREAS, previous appropriations of Airport funds are sufficient to provide the required local match of $2,583; and, WHEREAS, the recommendation from City Administration is to increase the construction contract to Peninsula Construction, Inc., by $ 31,591 for the total contract amount of $363,316 and increase the design and engineering contract to Wince-Corthell-Bryson by $ 9, 730 for a total amount of$ 46 ,590; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Section 1. Form : That this is a non-code ordinance. Section 2. That the City Manager is authorized to accept additional grant funding in the amount of $38, 738 from the Federal Aviation Administration and to execute grant agreements and to expend grant funds to fulfill the purpose and intent of this ordinance . Section 3. That estimated revenues and appropriations be increased as follows : Airport Improvements Capital Project Fund -Airfield Dra inag e Project: Increase Estimated Revenues - FAA Grants $38.738 Increase Appropriations: Construction $38.738 N ew Text Und erlin ed ; [D ELETED TEXT BRACKETED] Ordinance No . 2953-2017 Page 2 of 2 Section 4. That the City Manager is authorized to execute change orders with Penins ula Construction , Inc. and Wince-Corthell-Bryson in the amounts of $31,591 and $9, 730 respect ive ly to complete this scope of work . 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 1.15.0?0(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 2017. ATIEST: Sandra Modigh, City Clerk Approved by Finance 1~ - BRIAN GABRIEL SR., MAYOR Introduced: May 3, 2017 Enacted : May 17, 2017 Effective: May 17, 2017 New Text Underlined ; [DELETED TEXT BRACKETED] 'Vtfl~ «Jt'th fJ. Pa.if~ e~ «Jt'tlt-fJ. Fatfl.l"e II 210 FidalgoAve, Kenai, Alaska 99611 -7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ?, o · Mary L. Bondurant -Airport Manager April 24, 2017 Ordinance 2953-2017, Appropriating Additional Funds from the FM for the 2016 Improved Airport Drainage Project Three ponding areas located next to the east-west service road across the north end of the airfield are attracting water fowl. This area is located in the approach to Runway 20R creating a hazard to aircraft. It is also documented in the Wildlife Hazard Assessment conducted by the USDA that several areas on the airport property were identified as wetlands and ha zardous wildlife attractants . It was recommended that these areas be eliminated and /o r modified to reduce their attractiveness to hazardous wildlife species . The FM recommended this project be added to the current Airport Drainage Project. City Administration reviewed a proposal for the additional drainage improvements that included construction costs of $31,591 to Peninsula Construction and engineering costs of $ 9, 730 to Wince-Corthell-Bryson to be reasonable . I recommend appropriating the funds necessary to correct this hazard to aircraft. If you have any question s, please contact me . Attachment Sponsored by: City Clerk CITY OF KENAI ORDINANCE NO. 2954-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 10.30-RECORD RETENTION, TO UPDATE AND CLARIFY THE FORM, OPERATIONS, AND PROCEDURES REGARDING THE PUBLIC RECORDS MANAGEMENT SCHEDULE AND RECORD RETENTION POLICY, AND MAKING OTHER HOUSEKEEPING CHANGES. WHEREAS, Alaska Statute Chapter 40.21, Management or Preservation of Public Records, requires the orderly management of current local public records and preservation of noncurrent public records that have permanent historical value; and, WHEREAS, the goal of records management is to professionally manage record information from the time records are received or created throughout their processing, distribution, and use, to placement in a storage and retrieval system until the final disposition of destruction or long-term archival; and, WHEREAS, it is appropriate to review and modify policies from time to time to ensure the needs of the City of Kenai are continually being met and submit them to Council for adoption pursuant to KMC 10.30.040. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 10.30.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 10.30.020 -Responsible Official , is hereby amended as follows: 10.30.020 Responsible O[O]fficial. .{fil The Clerk for the City of Kenai shall be responsible for the development and implementation of a Public Records Management Schedule and Record Retention Policy [PROGRAM]. In establishing retention periods for each records class, the City Clerk shall be advised by the City Departments as to the administrative/operating requirements for records. !.!21 The Clerk for the City of Kenai shall create a record disposal form for documentation of disposal of city records and maintain a permanent log of all record types that have been destroyed, and require department records coordinators to submit a record disposal form prior to record disposal. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2954-2017 Page 2 of 3 .(fl The Clerk for the City of Kenai shall cause records stored in computer memory device systems to be reviewed. stored. and destroyed in the same manner and at the same time as if the records were maintained in written. printed. or photographic form. lQ) The Clerk for the City of Kenai may replace any original record which is lost. worn. or damaged. by a certified copy of that record. and the replacement shall be considered an original record for all purposes. Section 3. Amendment of Section 10.30.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 10.30 .030 -Record retention schedule, is hereby amended as follows: 10.30.030 Public Records Management Schedule and R[R]ecord R[R]etention Policy [SCHEDULE]. (a) The City Clerk shall cause to be prepared a Public Records Management Schedule and Record Retention Policy [SCHEDULE] listing each series [CLASS] of public record for which there is an administrative, legal or historical use requirement. The Public Records Management Schedule and Record Retention Policy [SCHEDULE] shall be formatted to provide the following information for each record series [CLASS]: (1) The authority for any mandated retention period; (2) The retention period [FOR BOTH IN-OFFICE AND STORAGE PERIODS]; [(3) THE RECOMMENDED MAINTENANCE MEDIA (PAPER, MICROFORM, MAGNETIC) FOR EACH RECORD CLASS;] .@}[(4)] The department and office having custodial responsibility for the record [DURING THE PRESCRIBED IN-OFFICE RETENTION PERIOD]; .(1}[(5)] Any special destruction methods to be employed for sensitive records. (b) Upon completion of the Public Records Management Schedule and Record Retention Policy [SCHEDULE], the City Clerk shall submit same to the Council for adoption. Section 4. Amendment of Section 10.30.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 10.30.040-Retention program operation, is hereby amended as follows: 10.30.040 Public Record Management Schedule and Record Retention Policy [PROGRAM] O[O]peration. Upon Public Records Management Schedule and Retention Policy [SCHEDULE] approval by Council , the City Clerk shall apply the Policy [SCHEDULE]; specifically, the City Clerk shall: (a) Promulgate the Policy [SCHEDULE] to all departments and require each department to assign a departmental retention coordinator to assist the Clerk in Policy [SCHEDULE]implementation and maintenance . (b) Establish the procedures for routine transfer of records for storage and/or destruction . (c) Tabulate the records prepared for destruction, including the appropriate Schedule citation, and shall approve each destruction. (d) Provide witness certification to each authorized destruction. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No . 2954-2017 Page 2 of 3 (e) Prepare and promulgate procedures for Policy [SCHEDULE] maintenance ; i.e., addition of new record series ' [CLASSES], deletions and modification of retention periods . All new record series [CLASS] additions and any reduction in retention periods shall be submitted to Council for adoption. Section 5. Amendment of Section 10 .30.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 10.30 .050 -Support provisions , is hereby amended as follows: 10.30.050 Support provisions. {ill To the extent permitted by Federal, State and City statute and regulations, electronic document imaging. microforms and/or magnetic media may be the official record media where such an application satisfies use requirements and/or contributes to maintenance efficiencies . Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered , and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances . The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application . Section 7. Effective Date : That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect 30 days after adoption . ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 2017. ATTEST : Sandra Modigh , City Clerk BRIAN GABRIEL SR , MAYOR New Text Unde rlined; !DELETED TEXT BRACKETED] Introduced : May 3, 2017 Enacted : May 17, 2017 Effective : June 17, 2017 'Vtff~ (tl/t/i a Pair~ °''tf (tl/tli a ratfl.l"e JI 210 FidalgoAve, Kenai , Alaska 99611 -7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council 3~ Sandra Modigh, City Clerk J i ~Jamie Heinz, Deputy City Clerk 04/27/2017 Record Retention Amendments -Ordinance 2954-2017 The Clerk's Office, in conjunction with the City Attorney, recognized the need for the City's record retention schedule and policy to be brought up to date and improved upon . Through the process of reviewing Alaska Statutes, the Local Government Model Record Retention Schedule, and schedules and policies from other municipalities, it was decided that reformatting the document was also necessary. In order to make the needed changes to the formatting and incorporate the technologies currently used, it was determined a few minor code amendments were also needed. It is the intent of the Clerk's Office to bring forward the record retention schedule and policy , which has been created with and approved by each of the City's department heads, for your consideration and adoption together with the enactment of this ordinance . Your consideration is appreciated . Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2955-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE SOUTHERN REGION EMERGENCY MEDICAL SERVICES (EMS) COUNCIL TO PROVIDE STAFF TRAINING. WHEREAS the Southern Region EMS Council has provided a grant in the amount of $1000.00 to assist the City of Kenai Fire Department with the cost of providing an annual Paramedic Refresher Course to department personnel; and, WHEREAS, appropriation of this grant for its intended purpose is in the best interest of the City of Kenai and its residents; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows: Section 1. Form : That this is a non-code ordinance . Secti on 2. That the City Manager is authorized to accept a grant from the Southern Region EMS Council in the amount of $1000.00 for expenditures re lated to providing an annual Paramedic Refresher Course to department personnel and to execute grant agreements and to expend grant funds to fulfill the purpose and intent of this ordinance .. Section 3. That the estimated revenues and appropriations be increased as follows : General Fund Increase Estimated Revenues: Fire Grants $1.000 Increase Appropriation s : Fire -Professiona l Services $1.000 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, su ch 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 the reof 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 1.1 5.070(f), th is ordinance shall take effect upon adoption. New Text Un derlined; [DEL ETED TEXT BRACKETED] Ordinance No. 2955-2017 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 171h day of May, 2017. ATTEST: Sandra Modigh, City Clerk Approved by Finance: -/ L BRIAN GABRIEL SR, MAYOR Introduced: May 3, 2017 Enacted: May 17., 2017 Effective: May 17, 2017 New Text Underlined ; [DELETED TEXT BRACKETED] 'Vtfl~ «1/t~ a PaJ'~ Ot~ «1/t~ a f"at()ft," 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone : (907) 283-7535 I Fax : (907) 283-3014 www. kenai. city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ?, c::::> - Jeff Tucker, Fire Chief April 24, 2017 Southern Region EMS Grant -Ordinance No. 2955-2017 The City of Kenai Fire Department was awarded an EMS grant in the amount of $1 ,000.00 from the Southern Region EMS Council. This grant will be used to pay for the department's portion of our annual Paramedic refresher course. Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2957-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE SALE OF TRACT A, DRAGSETH SUBDIVISION 2016 ADDITION , ACCORDING TO THE OFFICIAL PLAT THEREOF, UNDER PLAT NO. 2016-22, FILED IN THE KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA, INCLUDING ALL IMPROVEMENTS THEREON , TO PRL LOGISTICS INC., AND PROVIDING THE SALE PROCEEDS TO THE STATE OF ALASKA FOR REIMBURSEMENT INTO GRANT NO. 15-DC- 078 FOR USE BY THE CITY TO CONTINUE ENHANCING ACCESS AND OTHER RELATED IMPROVEMENTS TO THE SOUTH BEACH. WHEREAS, the City manages dip net access issues on its beaches which includes conflicts between local property owners and dip net fishery participants; and, WHEREAS , in 2014 the City Council appropriated $1,900,000 of State Grant funds (Grant No . 15-DC-078) via Ordinance No. 2771-2014 for the purpose of designing and constructing a new roadway for access to the South Beach and related improvements to help alleviate such conflicts; and, WHEREAS , after numerous meetings with affected property owners and state and federal agencies weighing alternatives for improved access, including obtaining permitting for building a new road across City owned wetlands , the City with State approval , authorized the purchase of seven abutting parcels from Ark Properties, LLC for the purpose of constructing a new road with minimal wetland disturbance through Resolution No. 2015-50 (Substitute); and, WHEREAS , the City needed only a portion of the newly acquired property for the purpose of road construction; and , WHEREAS , the State's approval of the utili zatio n of Grant funds for the purchase of the property was conditioned on proceeds from the sale of the unneeded property and improvements thereon going ba ck into the grant for the City's use for South Beach access and related improvements; and, WHEREAS, the City completed construction of a new road providing beach access and a re-plat of the seven parcels allowing the City to maintain the land needed for the road and ma ximizing the value of the unneeded land and improvements for resale; and , WHEREAS, the City is expending significant funds maintaining the land and improvements for re- sale and the nature of the improvements limits the available market; and, WHEREAS , PRL Logistics, Inc., (PRL) has made an offer to purchase the property based on numerous conditions; and, New Text Underlin ed; [DELETED TEXT BRACKETE D] Ordinance No . 2757-2017 Page 2 of 3 WHEREAS, PRL's business plan is to potentially use the property for office space , lodging, restauranUbar, event hosting and airport related activities to support its business , including the operation of an airship ; and , WHEREAS , all of these uses will require the approval by City Planning Commission of conditional use permits given the current zoning of the property; and, WHEREAS, PRL's offer is also conditioned on the ability to purchase adjacent City owned land for the use of an existing airstrip for fix winged and airship uses; and, WHEREAS, PRL 's acquisition of the adjacent property will require a subdivision and conditional use permit; and , WHEREAS , PRL has previously refurbished and repurposed o ld cannery property in the City demonstrating a responsibility towards environmental sens itivity and respect for the history of the City; and , WHEREAS, it is anticipated that PRL's acquisition of additional property in the City will create new economic opportunities and will be managed in a responsible manner; and , WHEREAS, the City Council finds that it is in the best interest of the City to sell Tract A, Dragseth Subdivision 2016 Addition, according to the official plat thereof, under Plat No . 2016-22, filed in the Kenai Recording District, Third Judicial District, State of Alaska , including all improvements thereon to PRL for the purchase price of $825,000 and to finance the sale for up to six months at a rate of four percent with a down payment of $123,750; and, WHEREAS , the financing provisions will allow the City to utilize the balance of the purchase funds for South Beach access and related improvements in 2018 ; and , WHEREAS , in accepting PRL's offer, the C ity Council agrees to work cooperatively with PRL for the future sale of the adjacent City owned lands that include the airstrip ; and ; WHEREAS, the property being sold is unique in that it is neither General Fund Land, nor Airport Land , but instead land held by the State Grant, therefore City Code provisions governing General Fund Land and Airport Land do not apply; and WHEREAS, the City Council finds that it is in the best interest of the City to sell the property for the aforementioned reasons to PRL without a recent appraisal. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form : That this is a non-code ordinance . Section 2. Statement of Ownership: That the City of Kenai is the owner of Tract A , Dragseth Subdivision 2016 Addition, according to the official plat thereof, under Plat No. 2016-22, filed in the Kenai Recording District, Third Judicial District, State of Alaska , including all improvements thereon. Section 3. Public Purpose and Best Interest Findings : That the property is not needed for future public purposes. The sale of the Property is in the best interests of the City as it is intended New Text Un derlined ; [DELETED TEXT BRA CKETED] Ordinance No . 2757-2017 Page 3 of 3 to promote new economic opportunities and the proceeds will be used to continue development of access to the South Beach and related improvements in compliance with Grant No . 15-DC- 078 . Section 4 . Authorization of Sale: That the Kenai City Council hereby authorizes the City Manager to sell the City-owned lands described as Tract A, Drag seth Subdivision 2016 Addition, according to the official plat thereof, under Plat No. 2016-22 , filed in the Kenai Recording District, Third Judicial District , State of Alaska, including all improvements thereon, under the terms established in the attached Purchase and Sale Agreement including the fina ncing co nditions contained therein , and subject to the additional essential terms and conditions of sale on page 6 of the Purchase and Sale Agreement. Section 5. Title: That title shall be conveyed by warranty deed. Section 6. Proceeds of Sale: That should a sale of the property be finalized, all revenues from the sale shall be provided to the State of Alaska for Grant No . 15-DC-078 for the City's use for South Beach access and related improvements. Section 7. 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 co ntroversy 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 e nacted the remainder of thi s ordinance even without such part, provision, or application . Section 8. Effective Date : That pursuant to KMC 1.15.0?0(f), this ordinance sha ll take effect 30 days after adoption . (Emergency ordinances and ordinance making , rep ea ling, transferring , or otherwise changi ng appropriations, shall go into effect immediately upon passage unless they specify a later time : "That pursuant to KMC 1.15 .0?0(f), this ordinance shall take effect upon adoption "). ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 17th day of May, 2017 . ATTEST : Sandra Modigh , City Clerk BRIAN GABRIEL SR , MAYOR New Text Underlined; [DE LETED TEXT BRACKETED] Introduced : May 3, 2017 Enacted : May 17 , 2017 Effective: June 16 , 2017 DocuSlgn Envelope ID : E1EDF99D-C421-400C-AOE5-AOB780AF1BFC Kenai Peninsula Purchase and Sale Agreement (Residential) This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. ~ ~ ALASKA MLS Dated 0412512017 Brokerage Names AK MLS ID# Brokerage Ph Listing Brokerage: ------------------- Selling Brokerage: RE/MAX of the Peninsula Al$J 2 001 907-283-5888 MLS# ____ _ Licensee Names License # Direct Ph Cell Ph Email Address Listing 1: ----------- Listing 2: ----------- Selling 1: G lenda Feeken AK12001 907-252-2743 907-252-2743 glenda@teamfeeken.com Selling 2 : ----------- Licensee Relationships: The Seller and Buyer acknowledge the following: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 29 30 3 1 32 33 34 35 a) L i sting licensee 1 IJ is representing the Seller only (may assist the Buyer); or IJ is assisting both the Buyer and Seller as a Neutral Licensee ; or IJ is assisting the Seller without representation . Listing Licensee 2 O is representing the Seller only (may assist the Buyer); or O is assisting both the Buyer and Seller as a Neutral Licensee ; or O is assisting the Seller without representation . b) Selling Licensee 1 ~is representing the Buyer only (may assist the Seller); or (J is assisting both the Buyer and Seller as a Neutral Licensee; or O is representing the Seller only (may assist the Buyer); or O is assisting the Buyer without representation. Selling Licensee 2 o is representing the Buyer only (may assist the Seller); or O is assisting both the Buyer and Seller as a Neutral Licensee; or 0 is representing the Seller only (may assist the Buyer); or Q is assisting the Buyer without representation . 1) Buyer(s) PRL Logistic, INC. , hereby deposit(s) earnest money of Five.Thousand Dollars ($ 5,000 )Dollars evidenced by: o Cash O Personal Check Q Cashier's Check D Note, Due on , (date) §7J Or on acceptance of offer shall be held in trust by 0 Listing Broker !j(I Selling Broker as earnest money on and part payment for the purchase of real property and improvements situated in Kenai (city or area) 99611 (zip), in the ""'K""e""'na=i--------- Recording District, State of Alaska, described as: =22=7,_,0._R,_,,o""y,..a .... l ... S .... tr .... e=et._ ____________________________ (Address) .. D ..... ra..,g.,.s,..e,....th.._S ....... u ... b ... 2 ... 0 ..... 16 ....... A..,d..,d..,.o__,Tu..ra_ct ......... A_,__ ____________________ (Legal) (the Property}. 21 Purchase Price: =E,,..ig..,..ht ..... H._.__un .... d-.r~ed~T..-.w-"e'-nt'"'"y_.F_.iv""'e"""T.._h""o""'u""s"""a'"""nd""---------------00/100 ($-"8=2..;;..5,~0..;;..00"------'>Dollars Minimum Down Payment (including earnest money shown above) ............................. $ or% _12_3_._7_50 ______ _ 3) Terms: Buyer CJ does f:l does not intend to occupy Property as Buyer's primary residence. Property Type (check one): ~ Single Family 0 Condominium D PUD D Duplex Q Triplex O Fourplex O Other __________ _ Check one below. a} D All Cash Offer: No loan is needed to purchase the Property; Buyer shall provide Seller written t hird-party documentation verifying sufficient funds to close no later than (date) (time). Seller shall have three (3) business days after receipt of documentation to notify Buyer. in writing, if the verification of funds is not acceptable. If Buyer fails to provide such documentation. or if Seller finds verification of funds unacceptable, Seller may terminate this Purchase Agreement. Failure of Seller to provide Buyer written notice of objection shall be considered ac- ceptance of verification of funds. b) 0 New Financing: Recording is contingent upon Buyer obtaining financing as follows: Check the appropriate block(s) below: Cl Conventional D FHA -(Attach Required Addendums) f orm 7 0 753. Originated 11/04. Re vised 07/15. © 2015 Alaska Multiple Listing Service, Inc. (AK MLS) All right& re$erved. Seller(•) Initials DocuSlgn Envelope ID: E1EDF99D-C421-400C-AOE5-AOB780AF1BFC I 2 3 4 5 6 7 8 9 10 11 12 J3 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 Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As: ~ Address: 2270 Royal Street Legal (the Property): Qragseth S ub 2016 Addo Tract A ~ ALASKA This form author ized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. MLS D VA -(Attach Requi red Addendums) D Alaska Housing Finance Corporation under the following program ---------------- 0 RD -Rural Development D Other i) On or before (date) the Buyer will provide the Seller a letter from ------------------(lender) verifying the following items: (1) a satisfactory credit report, (2) acceptable income, (3) source of down payment, (4) availabifrty of funds to close, and (5) that loan approval Dis or D Is not contingent on the lease , sale or recording of a sale of any property. ii) Buyer agrees to make a complete loan application with Lender, and provide verification to the Seller from the Lender by (date). iii) If Buyer does not reveal a fact or contingency to the Lender and this purchase does not record because of that nondisclosure after initial application, the Buyer shall be in default. iv) In the event Buyer fails to provide Seller with documentation required i n (~ and (ii) by the respective dates above, this Purchase Agreement may be terminated at the election of the Seller. If the Seller terminates this agreement, Seller to provide written notice to Buyer within _ (3 business days if not filled in) days from the dates noted in (i) and (ii) above. v) Buyer must obtain Seller's approval in writing of any change in Lender, type of financing or allocation of closing costs. vi ) Buyer agrees to pay all fees and satisfy all conditions, in a timely manner, required by the Lender for pro- cessing of loan application. Buyer agrees the interest rate offered by Lender is not a contingency of this Pur- chase Agreement, so long as Buyer qualifies for the financing herein agreed. Availability of any financing pro- gram may change at any time, Brokers and Licensees are not responsible for representations or guarantees as to availability of any loans, project and/or property approvals or i nterest rates. ~ D Seller Financing: ~ 701 ,250 P-i!Yable at$ 3,347.87 , or more, per month including 4 % interest per annum or~ years. 8~..u ~~ -~ ctJ..4t ~ ~mX.~v '31 ~; &O ) 1 The parties a re encouraged to negotiafe the l?nportant terms of seller financing now, and to include such terms in Paragraph 25, or in a separate addendum. Important terms may i nclude form of financing documents (con- tract, note and trust deed or mortgage), due on sale dause, prepayment option or penalty, remedies upon de- fault, etc., if any. iii) Buyer shall provide Seller with documentation. as required by Seller, verifying Buyer's ability to purchase ac- cording to the price, terms and conditions of the Purchase Agreement by . (date). iv) Seller F inancing is contingent upon the Seller's approval of the above documentation on or before ---------·· (date). In the event Buyer fa ils to obtain Seller's approval . this Purchase Agreement shall automatically terminate . 4) Costs: 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 B S ITEM B S ITEM B S Lender Oriai nation Foe Credit Reoort Owner Title Insurance JI. Smoke Detectors Commitment Foe Reserves AL TA Title Insurance CO Detectors Discount Poinm Preoald Interest Recordlna Fee x As-Built Survey I Recert. MJPIPMU«Mfault Insurance) Escrow Closl na Fee x VA Fundina Fee Sales Tax Annual Escrow Fee Tests for Heatth Authorttv At Droval : Rural Dev. Loan Fee Resale Certificate f Bank Set-UD Fee x Well Flow CQuantJtV1 Lender Doc. Preo Fee Public Offer Statement Assumeffransfer Fee Basic Water Quality HOA Transfer F&H Assessments Levied PIWAW1ter Flood Ce rtif"ication HOA Assessments Assessments Pendina Other SO.Clfied Wat.er Test Tax R..ru..tratlon HOA Quntlonaire Attomev Doc Preo Fee Lead/N ltrate Test Home Warranty Appraisal Brokera119 Fee y Senti<: lns.....,tion DEC ADDroval F&H Fonn 70753. Originated 11/04 . Revised 7/15. © 2015 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reRrved. Pogo2 of8 [4.,;.,,. Seller(&) Initials DocuSign Envelope ID: E1EDF990-C421-400C-AOE5-AOB780AF1BFC 1 2 3 4 5 6 7 8 9 10 I J 12 13 14 15 16 17 18 19 20 21 22 2 3 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 5 8 Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As: Address: 2 270 Royal Street Legal (the Property): Dragseth Sub 2016 Addo Tract A This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. ALASKA MLS 5) Funds At Recording: 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 institu- tion located in the state; or any above combination that permits the Closi ng Agent to convert the deposit to cash not lat- er than the next business day (AS 34.80.040). 6) Prorations: Property taxes, interest on loans being assumed , prepaid rents, and HOA fees , if app licable, shall be prorated as of the date of recording. 7) Title/Survey: a) The Seller shall convey title by statutory warranty deed or ___________________ _ b ) The Property may be subject to restrictions contained on the Plat; in the Deed ; in covenants , co ndi tions, and re- st rictions ; or other documents noted in the pre liminary title report. c) On or before (date), Selle r wi ll , at Seller's sole expense , order the report and exceptions from Ftrst American Tit le (Title Company) and furnish them to Buyer. d} Upon receipt of the report and exceptions, Buyer shall have business days (three (3) if not filled in) within which to notify Seller, in writing of any matters disclosed in the report, which are unacceptable to Buyer. Buy- er's failure to timely object, in writing shall constitute acceptance of the report . e) If, within business days (three (3) if not filled in) following receipt of the objections , Seller fails to re- move o r correct 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 recording date this transaction shall automatically termi- nate. After recording, Buyer shall receive an owner's standard form policy of title insurance insuring marketable title in the Property to Buyer in the amount of the purchase price, free and clear of the o bjections and all other t itle ex- ceptions agreed to be removed as part of this transaction . f) Mineral rights may not pass with title to the Property . g) Neither Seller nor Seller's licensee make any representation as to the location of the lot corners or boundary lines. Buyer accepts sole responsibility for identifying and locating the corners and boundary lines of the lot. h) Survey, as-built survey, or recertification of survey shall be dated on or after , (date) OR Q as required by Lender. 8) Documents/Disclosures Required By Law: a ) Lead-Based Paint Warning: Unless exempt, if the improvements on the Property include one or more res idential dwelling(s) constructed prior to January 1, 1978, the Buyer shall not be obligated under t he terms of t his Purchase Agreement unless a completed Lead-Based Paint Disclosure form is s igned by Seller a nd the Seller's rea l estate !i- censee(s). which must occur before the parties sign this Purchase Agreement. (See EPA pamphlet Protect Your Fam ily From Lead in Your Home for more information.) If applicable , Buyer acknowledges receipt of the lead- based paint disclosure signed by the Seller prior to signing this offer. b) Buyer Ill has a has not received a copy of the State of Alaska Residential Real Property Transfer Disclosure Statement c ) Buyer Ill has a has not received a copy of the Alaska Real Estate Commission Consumer Disclosure. d} Sex Offenders: The State of Alaska requires th e registration of sex offenders residing withi n the State of Alaska (AS12 .63.010). The Alaska Department of Public Safety is charged wit h maintaining the registry created. For more information , contact the Alaska State Trooper Post , Municipal Police Department or on-line at the State of Alaska /Department of Public Safety (http ://www .dps.state .ak .us ) Internet site by cl icking on the Sex Offender Regist ry. As a buyer, it is your responsibility to independently investigate and verify for yourself the acceptability of a property with respect to these issues . (AS34 .70.050). If Buyer elects to terminate this agreement based upon this In- vestigation, Buyer must provide Seller with written notice on or before N/A . e ) The State of Alaska maintains a list of properties that have been identified by Alaska law enforcement agencies as illegal drug manufacturing si tes, including meth labs. For more information on this subject and to obtain a list of these properties, go to http:/lwww .dec.state.ak.us If Buyer elects to tennlnate this agreement based upon this investigation, Buyer must provide Seller with written notice on or before NIA . f) If a Resale Certificate or a Public Offering Statement is required by law for the t ransfer of this Property, it is hereby agreed that the time for the Buyer to review these documents begins on the date the Buyer acknowledges in writing the receipt of these documents . In the event that this Purchase and Sales Agreement terminates and Buyer has received a Resale Certificate or Public Offering Statement, the Buyer agrees to deliver the Resale Cer- tificate or Public Offering Statement to Seller or Seller's Licensee. Form 70 763. Originated 11/04 . Revi$ed 711 c;. Q 2015 Alaska Multiple lliling Service. Inc. (Al< MLS) All rights reserved. Page 3 of8 ~l~ltials Sollor(•) Initials I I DocuSign Envelope ID: E1EDF99D-C421-400C-AOE5-AOB780AF1BFC Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As: ~~ Address: 2270 Royal Street ~ Legal (the Property}: Dragsetb Sub 2016 Addo Tract A ALASKA This form authorized ror use ONL V by active Real Estate Licensee SUbscribers of Alaska Multiple Listing Service, Inc. M LS I 9) Property Condition: 2 a) Until the date of possession or recording , whichever is earlier, Seller agrees to maintain th e Prope rt y in its cu rrent 3 condition , subject to ordinary wear and tear. 4 b) Buyer and Seller understand that Brokers and/or Licensees are not experts in t he areas noted bel ow and Buyer and s Seller should rely solely on experts who are qualified in these areas . Brokers and/or their Licensees make no rep- 6 resentations regarding the Property , including whether the residence or other improvements meet current buil ding 7 codes , safety or other requirements ; and assume no duty to investigate or verify any disclosures made by Seller. 8 c) In the event the improvements on the Property are destroyed or materially damaged prior to recording , then, at the 9 Buyer's option, this Purchase and Sale Agreement shall terminate upon Buyer's written notice to Selle r. 10 11 10) Appraisal: 12 a) CJ Buyer CJ Seller agrees to advan ce funds for the appraisal fee to Le nde r by , {date} and 13 au thorizes the Lender to order by , (date). 14 b) The completion of Purchase a is CJ is not contingent upon the appraisal of the Property being equa l to or greater 15 than the agreed upon Purchase Price . 16 c) If the completion of Purchase is contingent upon the appraisal, and the Property does not appraise for the Purchase 17 Price or greater, the parties shall have __ business days {three (3) if not filled In) from receipt of appraisal to re- l 8 negotiate the Purchase Price. In the event the parties do not reach agreement on the Purchase Price within this 19 time , the Purchase Agreement shall automatically terminate . (In the event of FHANA loans , the FHANA Ame nda- 20 tory Clause shall supersede). 2 1 d) In the event the appraisal generates Lender-required repairs, repairs to be negotiated between Se ller and Buyer. 22 e) If Seller and Buyer have not reached an agreement regarding Lender-required repairs , within business 23 days (three (3) if not filled In) of Seller's receipt of the appraisal, this Pu rchase Agreement shall automatically term i- 24 nate . 25 f) If repairs/remedies are subject to re-inspection and approval prior to the recordin g date . Buyer shall pay for first re- 26 inspection . Thereafter , Seller to pay for all additional re-inspection fees . 27 28 11) Recording/Possession: 29 a} This sale shall be recorded on 0 6/2 1/201 7 , (date) or earl ier by mutual agreement. Prior to recording , 30 Buyer and Seller agree to sign all reasonably necessary closing documents and to perform the reasonable cond i- 31 lions requ ired by the Closing Agent and Buyer's Lender. 32 b) If obtaining new financing, and : 33 i) If Buyer is unable to obtain a loan commitment from agreed Lender by Recordi ng Date. through no fau lt of 34 Buyer, Buyer to provide written notice to Seller immed iately upon Buyer learning of their inab ility to obtain loan 35 commitment from Lender. This Purchase Agreement shall terminate au to matically unless Seller and Buyer 36 agree to modifications by Amendment to this Purchase and Sale Agreement. 37 ii) If Buyer fails to provide notice of inability to obtain loan commitment by such date (11 a), or as mod ified by 38 Amendment, and this transaction does not record , through no fault of the Seller, Buyer shall be in default. 39 c) Seller shall deliver possession of the Property to the Buyer upon confirmation of record ing or 40 CJ under attached occupancy agreement or a other . 41 d) Unless otherwise agreed in writing , Seller shall remove all debris, personal pro perty not sold to Buyer, and leave 42 the Property in clean condition . Seller shall provide keys and/or means to operate all locks , includ ing but not limited 43 to : mailboxes, security system s, alarms , garage door openers and an y portable control devices for accessing the 44 Property upon confirmation of recording . 45 e) Buyer may walk through the Property prior to re cording to determine t here have been no mat erial changes to th e 4<i condition of t he Property. 47 f) If Property is a unit in a condom inium or other common interest community, Buyer may be required to pay a deposit 48 to the homeowners' association {HOA) to obtain access to HOA facilities. 49 SO 12) Tenant Occupied Property: 51 Seller to provide rental/lease agreement(s) including lead based paint disciosure s(s) (if applicable) withi n th ree (3) busi- 52 ness days of fully executed Purchase Agreement wh ich are subject to Buye r's approval withi n the time set forth in Par- 53 agraph 1 of the Ke nai Peninsula Right and Duty of Inspection Addendum . Seller and Buyer shall comply with the reg u- 5 4 lations conta ined in the Alaska Landlord/Tenant Act . All refu ndable deposits shall be t ransferred to the Buyer at record- 5 5 ing . Seller to provide Estoppels Certlficate(s) prior to closing . 56 57 Form 7 0753. O riginated 11 /04. Revised 7/15 . 0 2015 Alaska Multiple Listing Service. Inc. (AK MLS) All r ights reserved . I~ P11ge 4ot e ~~itlals Sollor(s ) lnltla la DocuSign Envelope ID : E1EDF99D-C421-400C-AOE5-AOB780AF1BFC 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 3 1 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 Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As: Address: 2270 Raya! Street Legal (the Property): Pragseth Sub 2016 Addo Tract A This fonn authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. ALASKA MLS 13) Insurance: It is the Buyers' responsibility to determine whether homeowners' or property owners' insurance can be obtained for this property on or before as need before dosing , and provide evidence of availability of same as may be required prior to recording . 14) Carbon Monoxide Detectors: Carbon Monoxide (CO) is a colorless , odorless , and potentially fatal gas produced by the burning of fossil fuel. advised to use CO detectors in your property and have heating systems inspected and serviced regularly. Statute AS 18.070.095(a). 15) Home Warranty Protection Plans: Y ou are Alaska Home warranty protection plans (HWPP) may be ava ilable to buyers and/or sellers for residential properties, including multi-family units , during and after recording of this transaction . However, the HWPP does not replace the need for an independent home inspection. The Real Estate Brokerages do not warrant or provide any product or service in connec- tion with the HWPP. In the event Buyer and/or Seller choose not to purchase a HWPP prior to recording, this paragraph shall serve as acknowledgement Buyer and/or Seller wish to waive their right to purchase the plan. 16) Brokerage Notice Regarding Earnest Money Deposits & Refunds: Under Alaska law (12 ACC 64.250(7)), earnest money must be deposited into the Real Estate Brokerage trust account in a timely manner. Alaska Statutes and Regulations also require real estate brokerages to ensure the bank has cleared the earnest money deposit before funds can be released . If an offer is not accepted, or Purchase and Sale Agreement terminates, there may be up to fourteen (14) business days delay in refunding the earnest money to the Buyer, to allow the Buyer's check to clear the Real Estate Brokerage Trust Account. If Buyer provides written documen- tation from the ir bank showing funds have been deposited in Broker's Trust Account. Alaska Statutes & Regulations requ ire the Broker refund the earnest money to the Buyer not more than one business day after the Buyer's check has cleared. 17) Termination: In the event this Purchase Agreement is terminated as provided for in this Purchase Agreement, absent a default by t he Buyer. all earnest money shall be returned to the Buyer and all parties shall be relieved of their obligalions as set forth herei n _ 18) 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 remed ies: a) If Buyer is in Default: Except as provided in Paragraphs 3, 10c, 10e, 11b, 19 and 20, Seller's remedies shall be limited to liquidated damages in the amount of the earnest money set forth in Paragraph 1 above. It is ag reed that sudl payments and things of value are liquidated damages and are Seller's sole and only remedy for Buye r's failu re 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 liquidated 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. 19) Earnest Money Dispute: Notwithstanding any termination of this Purcha se Agreement, Buyer and Seller agree that , in the event o f any contro- versy regarding the earnest money he ld by Broker, the Broker may: a ) Make the determination as to the cause of the failure of this Purchase Agreement and distribute the e arn est money accordingly after giving notice to Cooperating Broker, 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 a re unwilling to execute an ag reement for the release of earnest money, the parties shall submit the matter to mediation as provided below, and if mediation fai ls. 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 full reasona- ble attorneys' fees and costs . Fonn 70753 Origim1t9d 11/04. Revised 7115. © 2015 Alaska Multiple Listing Service, Inc. (AK MLS) AH rights reserved. Page 5 of 8 cc •~ltial• Sellor(a) Initials DocuSign Envelope ID: E1 EDF99D-C421-400C-AOE5-AOB780AF1 BFC I 2 3 4 5 6 7 8 9 JO 1 I 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As: Address: 2270 Royal Street Legal (the Property): Dragseth Sub 2016 Addo Tract A ~ ... ~ ALASKA MLS This form authorized for use ONL V l>y active Real Estate Licensee Subscribers of Alaska Multiple listing Service. Inc. 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 hannless from any and all claims, liabilities or losses that either party may incur as a result of the Broker's decision . 20) Mediation: If a dispute arises relating to this Purchase Agreement, between or among Buyer and Seller, 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 otherwise agreed in mediation, the parties retain their rights to proceed to arbitration or litigation. If the parties have not agreed to mediation within 30 days from date of original dis- pute, it will be assumed that they do not wish to mediate the dispute and the Broker will act accordingly. 21) 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 . 22) Broker: a) It is mutually agreed by all parties that the Brokers and/or their Licensees shall not be held liable in any manner whatsoever for damages arising from defaults or acts by or omissions of Buyer or Seller. b) 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. 23) Authorization to Release lnfonnation to Brokers: Buyer and Seller authorize any Lender, escrow agent. closing agent. appraiser. home inspector, surveyor and any other related party to this sale to furnish and provide any and all information and copies of documents related to this sale to both the Listing and Selling Brokers and their Licensees. 24) Foreign Investment in Real Property Tax Act: The Foreign Investment in Real Property Tax Act ("FIRPTA") requires every person who purchases real property locat- ed within the United States from a "foreign person" to deduct and withhold 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 for- eign estate. Seller and Buyer agree to execute and deliver, as appropriate, any instrument, affidavit or statement, and to perform any acts reasonable or necessary to comply with FIRPTA. 25) Attachments: The following attachments are hereby made part of this Purchase Agreement: see attached addendum 26) Additional Tenns and Conditions: Sales price to be $825,000 Down payment to be 15% ($123,750.00) Seller Financing: $701,250.00 payable at $3,347.87, or more . per month including 4% int e rest per annu m with balloon payment due in 6 months o r until December 31 whichever is earlier. Due on sale clause, prepayment option and remedies upon default t o be included in documents . Offer Contingent upon special use permits to be put in place for professional office, lodgi ng, restaurant, airport, assemblies on mansion, also contingent on agreement of purchase of acreage for dirt runway from tax parcels #04910128 and 04910051 and permit for Airport. Insurance on property naming City of Kenai as additional insured to be p rovided by buy er before closing. Offer subject to Council Approva l 0 See attached addendum for additional terms and conditions. F orm 70763. Or1ginateel 11f!X. Revlsod 71115. © 2015 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved. Page 6 of 8 Seller(:s) Initials DocuSign Envelope ID: E1EDF99D-C421-400C-AOE5-AOB780AF1BFC Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As: Address: 2270 Royal Street Legal (the Property): Qragsetb Syb 2016 Addo Tract A ALASKA This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. M LS I 27) AcceptancefNotice of Acceptance/Delivery: 2 This offer may be accepted by being signed , or electronically signed, by the other party with no changes , and such ac- 3 ceptance shall be effective when a complete copy of the fully signed agreement is delivered to the other party by any 4 one of the following methods : 5 a) Hand de livery to the other party or the other party's licensee or the other party's Brokerage ; 6 b) Via email to the other party or the other party's licensee , but only if the person transm itting the email receives elec- 7 Ironic confirmation that the email was received by the intended recipient; or 8 c) Via facsimile to the other party or the other party's licensee, but only if the transmitting fax machine prints a confir- 9 matlon that the transmission was successful. 10 J I This Purchase Agreement may be signed In mu lti ple counterparts with the same effect as if all parties signed the same 12 documents . lJ 14 Delivery of a photocopy, telefax, electronic, carbon or carbonless copy of a signed, or electronically signed , original of 15 this Purchase Ag re ement or any other documents referred lo herein shall be treated the same as delivery of the origi- 16 nal. 17 18 28) Entire Agreement: 19 This Purchase Agreement, the Residential Real Property Transfer Disclosure Statement, and any attached addenda 20 constitute the whole agreement between the parties . No warranties , including any warranty of habitability, agreements 21 or representations have been made or shall be binding upon either party unless herein set forth. This document may 22 not be modified except in writing and signed by the Parties . 2 3 a) Buyer agrees to purchase and pay for the above-described Property on the terms and conditions herein stated . 24 Receipt of a copy of Ibis Purchase Agreement is hereby acknowledged . Buyer understands this is a legally bind ing 25 contract. 26 b) Buyer agrees that recording of the sale will constitute an acknowledgment that the premises and its sys· 27 terns are acceptable at the time the sale is recorded. 28 29 In the event the Seller or Seller's Licensee has failed to notify Buyer or Buyer's Licensee, of the Seller's signed ac- 30 ceptance prior to May 17,2017 , (date) __ a.m. _s __ p.m. (time), this offer shall terminate. 31 32 This Purchase Agreement has significant legal and financial consequences. You are advised to seek independent legal and 33 financial counsel , including tax advice from a tax attorney or CPA, before signing . Th e Brokers and Licensees cannot give 34 legal, tax or financial advice . 35 Buyer Sianaturefs) ,G~ 9Q58~7D ... 2. ____________ _ 3 . __________ _ Date 4/25/2017 Time: ________ _ __ a.m . __ p.m. 36 Print name(s) to be on documents-------------------------------- 37 38 Address ______________________________________ _ 39 40 4 1 Phone _________ .E-Mail ----------------------------- 42 Name of Selling Broker's Office -------------------------------- 43 44 45 46 licensee Signature Licensee Signature---------------- Selling Licensee #1 Fax Number: Selling Licensee #2 Fax Number:----------- Selling Licensee #1 Email : Selling Licensee #2 Em~il : ------------ Fonn 70753. Originated 11104. Revised 7/15. j /1:)fjJ / e 2015 Alaska Multiple Listing Service, Inc. (AK MLS) All ri(Jhls reser\led . Page 7 of s l~ ~Initials Seller(s) Initials DocuSlgn Envelope ID· E1 EDF99D-C421-400C-AOE5-AOB780AF1 BFC Kenai Peninsula Purchase and Sale Agreement Regarding Property Described As: ~..:..~ Address : 2270 Roya l Street ~ Legal (the Property): oragseth Sub 2016 Addo Tract A ALASKA This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. M LS I Brokerage Fee: 2 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 3 parties to the transaction splitting or sharing the compensation. Seller and/or Buyer agree to pay forthwith at recording a 4 brokerage fee in cash as stated in the Personal Services Agreement. (i.e . Listing Agreement. Buyer's Agreement) 5 6 Seller Response: (sign only one!) 7 8 • Seller accepts the foregoing offer as written. Seller agrees to sell and convey the Prop- 9 erty described on the terms and conditions herein stated. Seller understands this is a 10 legally binding contract. II Seller Sigoature(s) 1: 2. 3. Date Time : __ a .m. __ p.m. 12 13 • Seller makes the attached Counter Offer 14 Seller Signature(s} 1: 2. 3 . Date Time: --a.m. __ p.m. 15 16 • Seller hereby rejects the foregoing offer and declines to make a Counter Offer 17 Seller Signature(s) 1: ____________ _ 2 .. ___________ _ 3. _________ _ Date ___________________ Time : ________ _ __ a .m. __ p.m. 18 Print name(s) ------------------------------------ 19 Address 2270 Royal Street 20 21 Phone _______ E-Mail ---------------------------- 22 23 Name of Listing Broker's Office ------------------------------ 24 25 26 27 28 Licensee Signature. _____________ Licensee Signature-------------- Listing Licensee #1 Fax Number: --------Listing Licensee #2 Fax Number:---------- 29 Listing Licensee #1 Email : ----------Listing Licensee #2 Email :------------ 30 Fenn 70753. Originated 11104. Revised 7115. © 201 5 Alaska Multiple Listing Service , Inc. (AK MLS) All rights reserved . Seller(s) Initials DocuSign Envelope ID: E1EDF99D-C421-400C-AOE5-AOB780AF1BFC Addendum or Amendment to the Purchase and Sale Agreement This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska M!Jtiple Listing Service, Inc. Date 04f2512017 2 In reference to the Purchase and Sale Agreement between: ~~ ~~" ALASKA MLS 3 4 ....1:.PoR""L.J.L.i.oogilil.IMisiltjc1.......1IN~C'----------------------------• the Buyer(s), and .....:::.C.:.::.ityL..:::of.:..:K:..::e:::.:n~a::..i ___________________________ , the Seller(s), dated 5 0412512017 , covering the real property commonly known as: 6 Address: 2270 Royal Street 7 Legal (the Property): Dragseth Sub 2016 Addn Tract A 8 the undersigned Buyer(s) and Seller(s) hereby agree to the following (check only one): 9 ~ Addendum -to be used when more space is needed on the Purchase and Sale Agreement 1 O 0 Amendment-to be used only when changing an existing Purchase and Sale Agreement 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Escrow to be set at First National Bank Dining room table and chairs , plus 3rd floor desk to rema in Seller to pay 3% brokerage fee Buyer request city turn water back on in mansion before closing and repair leaks if any. 27 To the extent any provision of this Addendum/Amendment is inconsistent with the provisions of the Purchase and 28 Sale Agreement, the terms of this Addendum/Amendment shall control. 29 30 All other Terms and Conditions to remain the same. 31 This Addendum/Amendment shall expire unless the party making this Addendum/Amendment is notified of its 32 acceptance no later than 05/17/2017 (date) 5 0 a.m. ~ p .m . (time). 33 Notification of acceptance of this Amendment/Addendum may be made only by one of the methods specified in the 34 paragraph titled 'Acceptance/Notice of Acceptance/Delivery' as contained in Purchase and Sale Agreement. 35 36 Date: 4!25!2017 Time: Q a.m . D p.m. 37 38 39 40 41 42 43 44 3: ---.,.-.---...-----Brokerage~_~i!..._UCf:~~~~e~fl.iL~!Zlrli.AitlU.·~J.censee(s) ,,.$-jvo h \Dl t: .;\ _<.g.J3),,,_) rsigned accepts the above Amendment/Addendum Upon execution by both parties, this agreement becomes an integra l part of the referenced Purchase and Sale Agreement. Date: Time:---------0 a.m. D p .m. Q Buyer 0 Seller 1: -----------2: --------~ 3: ____ ~--~ Brokerage. _________________ Licensee(s) ------------------' Form 70718. Revised 03113 . © 2015 Alaska Mulliple Listing Service, Inc. (AK MLS) All rights reserved. 'Vtflate «J/ti 0. Po.J'~ Ct'tj «J/ti 0. Fu.tan, II 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager(? D · April 27, 2017 Ordinance 2957-2017 Tract A, Dragseth Sudivision, 2016 Addition is a City-owned parcel which contains land and a residence. The City acquired the parcel utilizing State grant funds to improve access and facilities on the South Beach. Tract A contains 6 .303 acres of land , an approximately 7,500 square foot residence, and several outbuildings not needed for a public purpose. The City has been attempting to sell Tract A , whereby proceeds from the sale will go back into the grant for the Cities use for South Beach related improvements . PRL Log istics has made an offer to purchase Tract A with the condition that the purchase include the adjacent airstrip to the north for the use of fixed wing aircraft and airships in support of their business operations. Additionally, because Tract A is currently zoned Rural Residential, PRL Logistics will be required to apply for a conditional use permit that would allow their intended uses of office space, lodging, restaurant I bar, event hosting , and airport-related uses. The offer by PRL Logistics is for a purchase price of $825,000, financing the sale for up to 6 months with an interest rate of 4% and a down payment of $123, 750 . If approved, closing on the purchase is tentatively scheduled for June 19, 2017. The conditional use permit process for both Tract A and for the airstrip should be completed prior to closing . If the conditions in those permits do not sufficiently support their business needs or if they are not permitted to purchase the airstrip from the City, PRL Logistics has the option of cancelling the closing and receiving their earnest money payment back . Your consideration of this ordinance is appreciated . Kenneth Tarbox 33270 Community College Drive Soldotna, Alaska 99669 9072627767 tarbox@ptialaska.net May 2, 2017 Paul Ostrander, City Manager City of Kenai 210 Fidalgo A venue Kenai, Al aska 99611 Dear Paul Ostrander, City Manager, The purpose of this letter is to comment on the proposed sale of City of Kenai land to PRL Logistics for use as an airsh·ip. During our conversations it has become apparent that a number of questions need answering before one can make a reasonable assessment of impacts of this proposed sale on the environment, recreational activities at the site, and whether the benefits of sale outweigh the potential negatives. Before I get into the specifics I would like to point out that the land in question is located in one of the most environmentally productive areas on the Kenai Peninsula. Estuarine areas are critical to fish and wildlife populations and the Kenai estuary provides resting, feeding, and/ or breeding habitat for thousands of birds. Over 180 species of birds have been documented to use the Kenai River estuary. The gull colony located in and adjacent to the proposed sale area has a breeding population of 20,000 birds at the start of April growing to 30,000 when the young hatch and fledge. In addition waterfowl and shorebirds numbering in the tens of thousands pass through this area on their migration to northern breeding sites. Because of this use pattern this area has been designated a Continental Important Bird Area by the National Audubon Society. But birds are just part of the story. Plant material moves from the estuary to the nearby Kenai River providing nutrients and energy to river flora and fauna. In short, this is critical habitat by any measure. The proposed sa le fro m what I understand it to provide landing and takeoff area for hybrid airships and fix ed winged aircraft up to twin otters. Frequency of use has not been determined at this p o int. Reviewing the sale rationale it i s hard for one to justify this sale when two m ajor airports (Kenai and Soldotna) are within 12 miles of th e proposed ad hoc airstrip. These two airp orts offer infrastructure, landing and takeoff space, safety standards and procedures that protect the public and the environment. The p rop osed airstrip does not provide the same level of service and protection and threa te ns a critical habitat area. Therefore this begs the question -Wha t is the rationale that would support putting the pubic and environment at risk given the proximity of the existing airports? I have read or heard nothing that says the u se of the airport would threaten the viability of the h y brid airship project. Assuming the sale goes through then there are a numbe r of issues/ questions that need to be discussed before a conditional use p e rmit is given. I have lis ted these below: 2 1. What is the projected o p e rational (not just start up) l evel of use by day and month for all antic ipated aircraft? The assumption is that the b usiness will be successful so what constitut es a successful operation and use? While the exac t d ay of use may not be known a rough approximation of use patterns is needed to assess impacts. 2. What is th e flight path of the hybrid aircraft to the hanger l ocation and other aircraft to the airsh·ip? Does the flight path go over significant portions of the estuary? 3. Will there b e a n y restrictions on public u se (exclusion zon es) that go beyond the sale boundaries due t o con cerns for security or safety? For example, Homeland Security put an exclusion zone around the Niki sk i dock area . If military materials are loaded at the airstrip or h omeland security issues arise w ill that prompt additional securi ty measures? 4. Duck hunters u se the area and will be s hooting toward a nd over the airstrip? Will a n exclusi on zone be implemented to restrict firearm use near the airstrip? 5. From April to November thousands of birds will be in the flight path of aircraft landing and t aking off. Will the owner of the airstrip seek USFWS permits for hazing or controlling bird use in the area? What is the risk of an accident due to a b ird strikes w hen thousands of birds are present? Can a seasonal resh·iction on use during April to November be implement ed and at what level? What liability does the C ity have for selling a property for a u se that h as a significant risk of accidents due to bird strikes and high density of human use on the adjacent beach? - 6. During the period April to November recreational use of the area by personal use fisherman, bird watchers, and hunters will bring thousands of people in close proximity to the airstrip. This creates a significant potential for the safety of these individuals in the event of an accident. What measures are being taken to reduce this potential? Does the owner plan to fence any part of the airsh·ip to limit access? If so what impact does that have on wildlife and the estuarine structure and function? 7. Will the use of the airstrip require any additional mechanical work (clearing, vegetation control. .. ) beyond its existing condition for use with the hybrid airship or other aircraft? The proposed sale is for a width of up to 400 feet which is beyond the present disturbed area. Will mechanical clearing of this area or mowing of the grass be done in this larger area? If so will restrictions be put on when this will happen to protect nesting and migrating birds? Has any assessments been made of this project on dune stability? 8. The area in question floods or is wet during the year. What type of protections will keep the new land owner from filling in the area and trying to protect his airstrip by channeling water away from the airsh·ip? Have hydrology studies been done to see what impact changing this airstrip will have on the rest of the southern portion of the flats or the existing infrastructures including roads? 9. What is the impact of an airsh·ip use (e.g. noise and human activity) on the area beyond the airstrip? For example, adverse reactions to disturbance by birds may eliminate or reduce current gull, waterfowl, tern, and songbird nesting areas? What noise levels are anticipated and what impact will both wildlife and humans in close proximity to the activity (for example during the personal use fishery) experience? 10. The airstrip crosses a public road paid for with State of Alaska funds. Will this road be closed for use when the airstrip is being used? What safety measures will be put in place to keep traffic from going on or across the airsh·ip? The new road cannot be closed as the funding source is the State of Alaska. Does the City or owner plan to ask for temporary closures during aircraft operations or loading of materials? 11. Are there any federal of state permits required for construction, operation, and maintenance of this airstrip? Do any permits require an environmental assessment? 12. Has the City contacted any experts on this area or the Federal or State agencies for comments on this project and/ or mitigation measures? Thank you for taking the time to consider my concerns about this project. In summary, the preferred alternative from my perspective is to use the existing airports or at least 3 I seasonally. For example, from the month of April to November the airsh·ip is closed to use. During this period the environmental and safety risks are significantly lowered given that the other considerations are accommodated. Thus use during this time period may be possible with potential mitigation measures. However, it will take time to discuss and work out the details given the lack of information at this time for a proper evaluation and discussion. I know I have not covered all the questions but hope this letter helps the Council start the discussions. I am available for further discussion if the Council or you desire. Sincerely, Kenneth Tarbox 4 I Sponsored by: Admin istration CITY OF KENAI ORDINANCE NO. 2957-2017 (SUBSTITUTE) AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE SALE OF TRACT A, DRAGSETH SUBDIVISION 2016 ADDITION, ACCORDING TO THE OFFICIAL PLAT THEREOF, UNDER PLAT NO. 2016-22 , FILED IN THE KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT , STATE OF ALASKA, INCLUDING ALL IMPROVEMENTS THEREON , TO PRL LOGISTICS INC., AND PROVIDING THE SALE PROCEEDS TO THE STATE OF ALASKA FOR REIMBURSEMENT INTO GRANT NO. 15-DC- 078 FOR USE BY THE CITY TO CONTINUE ENHANCING ACCESS AND OTHER RELATED IMPROVEMENTS TO THE SOUTH BEACH. WHEREAS, the City manages dip net access issues on its beaches which includes conflicts between local property owners and dip net fishery participants ; and , WHEREAS , in 2014 the City Council appropriated $1 ,900 ,000 of State Grant funds (Grant No . 15-DC-078) via Ordinance No. 2771-2014 for the purpose of designing and constructing a new roadway for access to the South Beach and related improvements to help alleviate such conflicts; and , WHEREAS, after numerous meetings with affected property owners and state and federal agencies weighing alternatives for improved access , including obtaining permitting for building a new road across City owned wetlands , the City with State approval , authorized the purchase of seven abutting parcels from Ark Properties , LLC for the purpose of constructing a new road with minimal wetland disturbance through Resolution No. 2015-50 (Substitute); and, WHEREAS , the City needed only a portion of the newly acquired property for the purpose of road construction; and , WHEREAS , the State 's approval of the utilization of Grant funds for the purchase of the property was conditioned on proceeds from the sale of the unneeded property and improvements thereon going back into the grant for the City 's use for South Beach access and related improvements; and, WHEREAS, the City completed construction of a new road providing beach access and a re-plat of the seven parcels allowing the City to maintain the land needed for the road and maximizing the value of the unneeded land and improvements for resale ; and , WHEREAS , the C ity is expending significant funds maintaining the land and improvements for re-sale and the nature of the improvements limits the available market; and , WHEREAS, PRL Logistics , Inc., (PRL) has made an offer to pu rchase the property based on numerous conditions; and , New Text Und erlin ed ; [DELETED TE XT BRACKETED] Ordinance No. 2757-2017 Page 2 of 3 WHEREAS, PRL 's business plan is to potentially use the property for office space, lodging , restaurant/bar, event hosting and airport related activities to support its business , including the operation of an airship; and, WHEREAS, all of these uses will require the approval by City Planning Commission of cond itional use permits given the current zoning of the property; and , WHEREAS , PRL 's offer is also conditioned on the ability to purchase adjacent City owned land for the use of an existing airstrip for fix winged and airship uses; and, WHEREAS , PRL's acquisition of the adjacent property will require a subdivision and conditional use permit; and, WHEREAS , PRL has previously refurbished and repurposed old cannery property in the City demonstrating a responsibility towards environmental sensitivity and respect for the history of the City; and , WHEREAS , it is anticipated that PRL 's acquisition of additional property in the City will create new economic opportunities and will be managed in a responsible manner; and, WHEREAS, the City Council finds that it is in the best interest of the City to sell Tract A, Dragseth Subdivision 2016 Addition, according to the official plat thereof, under Plat No. 2016- 22, filed in the Kenai Recording District, Third Judicial District, State of Alaska, including all improvements thereon to PRL for the purchase price of $825,000 ; and , WHEREAS , in accepting PRL's offer, the City Council agrees to work cooperatively with PRL for the future sale of the adjacent City owned lands that include the airstrip; and ; WHEREAS, the property being sold is unique in that it is neither General Fund Land , nor Airport Land, but instead land held by the State Grant, therefore City Code provisions governing General Fund Land and Airport Land do not apply; and WHEREAS, the City Council finds that it is in the best interest of the City to sell the property for the aforementioned reasons to PRL without a recent appraisal. NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Section 1. Form: That this is a non-code ordinance. Section 2. Statement of Ownership: That the City of Kenai is the owner of Tract A , Dragseth Subdivision 2016 Addition , according to the official plat thereof, under Plat No . 2016- 22, filed in the Kenai Recording District , Third Judicial District , State of Alaska, including all improvements thereon. Section 3. Public Purpose and Best Interest Findings : That the property is not needed for future public purposes . The sale of the Property is in the best interests of the City as it is intended to promote new economic opportunities and the proceeds will be used to continue development of access to the South Beach and related improvements in compliance with Grant No . 15-DC-078. New Text Underlin ed ; [DELETED TEXT BRACKETED] Ordinance No. 2757-2017 Page 3 of 3 Section 4 . Authorization of Sale: That the Kenai City Council hereby authorizes the City Manager to sell the City-owned lands described as Tract A, Dragseth Subdivision 2016 Addition, according to the official plat thereof, under Plat No. 2016-22, filed in the Kenai Recording District, Third Judicial District, State of Alaska, including all improvements thereon, under the terms established in the attached Purchase and Sale Agreement and Addendum subject to the additional essential terms and conditions of sale on page 6 of the Purchase and Sale Agreement as amended by the Addendum. Section 5. Title: That title shall be conveyed by warranty deed. Section 6. Proceeds of Sale: That should a sale of the property be finalized, all revenues from the sale shall be provided to the State of Alaska for Grant No. 15-DC-078 for the City's use for South Beach access and related improvements . Section 7. 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 valid ity 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 8. Effective Date: That pursuant to KMC 1.15.0?0{f), this ordinance shall take effect 30 days after adoption . (Emergency ordinances and ordinance making, repealing , transferring, or otherwise changing appropriations, shall go into effect immediately upon passage unless they specify a later time : "That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect upon adoption "). ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 2017 . ATTEST: Sandra Modigh, City Clerk BRIAN GABRIEL SR., MAYOR New Text Un derli ned ; [DELETED TEXT BRACKETED] Introduced: May 3, 2017 Enacted: May 17 , 2017 Effective: June 16, 2017 'Viti~ «1/th, a PaJ'~ e~ «11'th a Fat~ " 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager 'Y.O · May 10 , 2017 Ordinance 2957-2017 (Substitute) -addendum to purchase and sale agreement modifying financing method This substitute ordinance recognizes and incorporates two addendums to the original purchase and sale agreement received from the buyer's agent that modify the terms and co nditions of the sale. The original purchase and sale agreement anticipated owner finan cing with a down payment of 15% and an interest rate of 4% for 6 months or December 31 , 2017, whichever was earlier, followed by a balloon payment for the remaining principal at that time to satisfy the terms of the lo an . The buyer is now proposing to utilize conventional financing for the purchase of the property with closing scheduled for June 20 , 2017. Modifications to closing costs for the buyer and seller as a result of the change in financing are also outlined on the addendum and First National Bank is removed as the holder of the escrow. The two addendums are attached for your reference. DocuSign Envelope ID: CE702430-C3E4-4806-SEFC-9AOFF7BC188A Addendum or Amendment to the Purchase and Sale Agreement This form authorized for use ON LY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service. Inc. ALASKA MLS Date 040512017 2 In reference to the Purchase and Sale Agreement between: 3 -'-Pi:R..,L_,!_.o"llg"'js...,t""ic........,IN..,C..__ ____________________________ • the Buyer(s). and 4 -=C..:.:ityL..::.of;...;Kc..;.e;;..n....;a_i __________________________ _,. the Seller(s), dated 5 0412512017 , covering the real property commonly known as: 6 Address : 2270 Royal Street 7 Legal (the Property): Oragseth Sub 2016 Addn Tract A 8 the undersigned Buyer(s} and Seller(s) hereby agree to the following (check only one): 9 ~ Addendum -to be used when more space is needed on the Purchase and Sale Agreement IO 0 Amendment-to be used only when changing an existing Purchase and Sale Agreement 11 12 13 14 15 16 17 ts 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3 8 39 40 41 42 43 44 Dining room table and chairs , plus 3rd floor desk to remain Selle r to pay 3% brokerage fee Buyer request city tum water back on in mansion before closing and repa ir leaks if any. To the extent any provision of this Addendum!Amendment is inconsistent with the provisions of the Purchase and Sale Agreement, the terms of this Addendum!Amendment shall control. All other Terms and Conditions to remain the same. This Addendum/Amendment shall expire unless the party making th is Addendum/Amendment is notified of its acceptance no later than 05117/2017 (date) 5 0 a.m. ~ p .m. (time). Notification of acceptance of this Amendment!Addendum may be made only by one of the methods specified in the paragraph titled 'Acceptance/Notice of Acceptance/Delivery' as contained in Purchase and Sale Agreement 5/8/2017 Date: p :::~~~._s_e_ue_r_1_: ~~~:~-~-_,:::::2_BE~_ .... V44~_1-:_~---~~~~~--2_:_=L-i_ce_n_se_e_(s_) __ ~~~~~~~~~-=-3_:_ -_ -_ -_ -_ -_-_ -_ -_ -_ -_ -------_ ---_ -~--Time :---------D a.m . CJ p.m. The undersigned accepts the above AmendmentlAddendum Upon execution by both parties, this agreement becomes an integral part of the referenced Purc hase and Sa le Agreement. Date : Time :---------Q a .m . 0 p.m . Q Buyer Q Seller 1: -----------2: ---------3 :_~~~~~~~ Brokerage. _________________ Licensee(s) -------------------'- For m 70718. Revised 0 31 13. :s 2015 Alaska Multiple Listing Servic e. Inc. {AK MLS) All rtgnts reserved . OocUSign Envelope ID: CE702430-C3E4-4806-BEFC-9AOFF7BC 188A Addendum or Amendment to t h e Purchase and Sale Agreement This fonn authorized for use ON LY by active Real Estate Licensee Subscribers of Alaska Multiple listing Service, Inc. Date 04125/2017 ~'T~ ALASKA MLS 2 In reference to the Purchase and Sale Agreement between: 3 4 5 6 7 8 9 JO 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 4 1 42 43 44 -i:..P.uR..i.L..1ol.i.o~g.l.ilisC1.1tici......J.luN.i..C'-----------------------------· the Buyer(s), and ...:::C.::.ity!....:=.of;...;K:..:e:::n.:.:a::.i __________________________ _, the Seller{s), dated OSIOB/2017 • covering the real property commonly known as: Address : 2270 Royal Street Legal (the Property): Dragseth Sub 2016 Addn Tract A the undersigned Buyer{s) and Seller{s) hereby agree to the following (check only one): ~ Addendum -to be used when more space is needed on the Purchase and Sale Agreement Q Amendment -to be used only when changi ng an existing Purchase and Sale Agreement C.,10~1(\s i.o 1::>e. l..o · 2u-.:i..o17 Seller to pay 3% brokerage fee Buyer has applied for a conventional loan. will p rovide 90% letter with in 3 business days of accepted offer. Seller to pay · 112 of lender doc prep fee Owners Title Insurance Flood Cert Tax Registration 1 /2 of Recording fee 112 of Escrow C losing fee 3% Brokerage Fee Any assessments Levied or Pending Smoke Detecto r and CO detectors in p lace Buyer to pay: Lender Origination Fee Commitment Fee MIP/PM 112 of Lender doc prep fee Apprai sal Alta nue 112 Recording and Escrow Closing Fee To the extent any provision of this Addendum/Amendment is inconsistent with the provisions ofthe Purchase and Sale Agreement, the terms of this Addendum/Amendment shall control. All other Terms and Conditions to remain the same. This Addendum/Amendment shall expire unless the party making this Addendum/Amendment is notified of its acceptance no la ter than 05/17/2017 {dale) 5 Q a.m . Q(J p.m . (time). Notification of acceptance of thi s AmendmenUAddendum may be made only by one of the methods specified in the paragraph ti11ed 'Acceptance/Notice of Acceptance/Delivery' as contained in Purchase and Sale Agreement. 5/8/2017 Time :---------0 a .m .O p.m . Date : r~ ~Buyer Q Seller 1: ---1-b-~..,..-~-io'----2: ------~---3: Brokerage. ________ 995_BEAB_2_e_E94_'_10_··_· ____ Licensee(s) _...,Ji4:::..;;:::.1...:.7.!:::/.,,C~l:.:'-c...::::....~f==.U:::A:,,:~:..,==;======~- The undersigned accepts the above Amendment/Addendum Upon execution by both parties, this agreement becomes an integral part of the referenced Purchase and Sale Agreement. Date: ~me: ________ _ CJ a .m. 0 p.m . 0 Buyer 0 Seiter 1: -----------2: ----------3: ---------Brokerage. _________________ Licensee(s) _______________ ___. Form 70718. Revised 03/13. © 2015 Alaska Multiple Li sting Service, Inc . (AK MLS) All rig hts reserved. Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2956-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE 13.30.080 -OPERATING A VEHICLE IN A PROHIBITED AREA, AND ASSOCIATED APPENDIX II, TO ALLOW FOR LIMITED OPERATION AND MAINTENANCE OF THE EXISTING AIR STRIP ON A PORTION OF TRACT B, DRAGSETH SUBDIVISION 2016 ADDITION, ACCORDING TO THE OFFICIAL PLAT THEREOF , FILED UNDER PLAT NUMBER 2016-22, AND A PORTION OF GOVERNMENT LOTS 9-15 INCLUSIVE, SECTION 7 , TOWNSHIP 5 NORTH, RANGE 11 WEST, AND A PORTION OF THE SE 114 SE 1/.i NE 1/.i, ~SECTION 7 , TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN ALL RECORDED IN THE KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA. WHEREAS, Kenai Municipal Code 13.3 0 .080 prohibits the operation of ve hicles in certain areas, including vegetated areas on the South Beach as delineated in the map in Appendi x II to KMC 13.30.080; and, WHEREAS, on City property in the area KMC 13.30.080 prohibits operation of motor vehicles , there is an airstrip that has had intermittent historical use; and, WHEREAS, as part of a grant funded project to improve access to, and infrastructure on the South Beach , the City purchased property that included a house and other improvements to bu ild a new road to the beach on part of the purchased property as an alternative to building the road across sensitive wetlands; and, WHEREAS , the City has subdivided the purchased property and is retaining the portion needed to provide improve d access and intends to sell the portion of the property with the house and improvements; and , WHEREAS , the prospective purchaser of the property has conditioned the purchase of the property with the house and other improvements on the purchase of adjacent City property containing the airstrip, with the intent to utili ze the airstrip for fi xed wing aircraft and airships; and, WHEREAS, the Council finds that the sale of the property to the prospective purchaser is in the best interest of the City as it will likely promote new economic opportunities ; and , WHEREAS , in order to allow legal use of the airstrip intended to be purchased , KMC 13.30.080 must be amended; and , WHEREAS , Kenai Municipal Code 13.30.080 can be amended to allow for operation and use of the airstrip, conditioned through a conditional use permit, in a manner which is consistent with the intent of the prohibition on the operation of m otor vehicles which is to protect sensitive vegetated areas. New Text Underlined; [DE LETED TEXT BRACKETED] Ordinance No . 2956-2017 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 13 .30.080 of the Kenai Municipal Code : That Kenai Municipal Code , Section 13.30.080 -Operating a Vehicle in a Prohibited Area, is hereby amended as follows: 13.30.080 Operating a Vehicle in a Prohibited Area. (a) North Shore. ( 1) It is unlawful for any person to operate a motorized vehicle in the area indicated on the map appended to this chapter, designated as Appendix II , and made a part thereof, excepting the established roads within the a rea of beach road and a portion of Spruce Street and further excepting transit of this prohibited area entering or leaving at the designated area at the beach road and directly to the northwest to the westerly boundary of the prohibited area which may be entered or exited only in the tidal area. City, state or public safety (police , fire, ambulance, rescue) vehicles may operate in the prohibited area if necessary for public safety purposes . (2) Further, specifically prohibited is the operation of a motor vehicle on any portion of the bluff slope in the area above so designated as prohibited , as is indicated on the map appended to this chapter, designated as Appendix II , and made a part thereof. (3) Operation of motorized vehicles in that portion of the prohib ited area southerly and easterly from the east end of Beach Road may be permitted for the purpose of working on beached boats and barges provided that a permit is secured prior to such operation . Applications for such permits shall be filed with the City Manager or his designated appointee setting forth details as to the work to be performed and the dates of such performance. The City Manager may issue such permit, if he finds it reasonable under the circumstances, for a specified period of time , which may be extended on application showing good cause for such extension. ( 4) Operation of motorized vehicles in that portion of the prohibited area described in KMC 13.30 .080(a) above and entry to such area at a point or po ints other than at the natural end of Spruce Street may be permitted for the purpose of working on the Sewage Treatment Plant and on utility facilities provided that a permit is secured prior to such operation . Applications for such permits shall be filed with the City Manager or his designated appointee setting forth details as to the work to be performed and the dates of such performance , the areas in which such operations are required and the point or points of entry required to expedite the work . The City Manager shall condition such permit or permits on repair or reconditioning of the beach area or bluff and may require a bond in such amount and with such terms, with or without cash deposit or other surety, as he may deem advisable to secure such repair or reconditioning or to reimburse the City for damages to the areas concerned. (b) South Shore. It is unlawful for any person to operate a motorized vehicle on the vegetated area at all times e xcept for City authorized use. operation and maintenance of the existing airstrip located in the area designated in Appendix II. The area from the intersection of Royal Street and the South Beach south to the City Limits on the South Beach is also closed to motorized vehicles from July 5th to July 31st each year. The areas clo sed to motor vehicles are delineated by the map appended to this chapter, designated as Appendix II , and made a part thereof. City, state or public safety (police, fire , ambulance, rescue) vehicles may operate in the prohibited area if necessary the public safety, maintenance , repair cleaning and upkeep purposes . New Te xt Underli ned ; [DELETED TE XT BRACKETED] Ordinance No. 2956-2017 Page 3 of 4 Mouth or Kenai Ri•1er c ~~ ~~! Old cannery Road ~--- ·•· ' Appendix II Kenai Municipal Code 13.30.080 Operating a Veh i cle In a Prohibited Area =-=-=-Line of Bluff ~No Motorized V e hicle s Allowed ~ No Mo t orized Vehicl es Allo wed July 5 -July 31 (Unless Extended) ~No Motorized V ehicl es AJlo we other than for use , m ain te nan and o peratio ns of an airst p as authorized by the c· y New Text Underlined; [DELETED TEXT BRACKETED] Ord inance No. 2956-2017 Page 4 of 4 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction , s uch judgment shall be confined in its operation to the part, provision, or application d irectly 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 th is ordinance even without such part, provision , or application . Section 4 . Effective Date: That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , this 17th day of May, 2017 . ATTEST: Sandra Modigh , City Clerk BRIAN GABRIEL SR., MAYOR New Text Underl ined ; [DELE TED T EXT BRAC KETED] Introduced: May 3, 2017 Enacted: May 17, 2017 Effective : June 16, 2017 'Vttl~e «J/tli Q Pair~ °''ti «J/tli Q rat~ II 210 Fidalgo Ave , Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager 7 0 April 27, 2017 Ordinance 2956-2017 In 2000 the City adopted Ordinance No . 1877-2000 that prohibited the operation of vehicles in certain areas, including vegetated areas on the South Beach as delineated on the map in Appendix II to KMC 13.30 .080 . A portion of this area also includes an airstrip that has had intermittent historical use . As a part of a grant-funded project to improve access and facilities on the South Beach , the City purchased property that included a house and other improvements . This purchase provided the necessary land to construct a new road for access to the South Beach without significantly impacting wetlands in the area . The City subsequently subdivided the property, creating Tract A, Dragseth Subdivision , 2016 Addition (Tract A ), that contains the house and associated improvements with the intent of selling the property and residence . A prospective buyer has made an offer on Tract A and has conditioned the offer on the purchase of City property containing the airstrip (airstrip parcel) with the intent to util ize the airstrip for fi xed wing aircraft and airships. To allow for this intended use , KMC 13.30.080 will need to be amended by allowing City authorized use , operation , and maintenance of the airstrip parcel. If Ordinance 2956-2017 is passed , the City authorized uses would be provided through the issuance of a conditional use permit in a manner that is consistent with the intent to protect sensitive vegetated areas while providing adequate use of the airstrip to support the operations of the prospective buyer. Your consideration of this ordinance is appreciated . Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2017-20 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, APPROVING A SPECIAL USE PERMIT FOR PRL LOGISTICS INC., FOR THE CONTINGENT USE OF AN AIRSTRIP ON CITY OWNED PROPERTY ADJACENT TO THE SOUTH BEACH . WHEREAS, the City is in the process of selling PRL Logistics Inc., (PRL) a parcel of property as provided in Ordinance No. 2957-2017; and, WHEREAS, one condition of the sale is that PRL also be able to purchase adjacent City land that contains an airstrip for airship and fixed wing operations ; and , WHEREAS, the airstrip is on several parcels of City land and the sale of the 'airstrip' property cannot be completed until a future subdivision occurs ; and , WHEREAS, the Special Use Permi t authorized by this Resolution is intended to allow PRL authority to occupy the airstrip prior to the future subdivision and sale of the property; and , WHEREAS, while the Special Use Perm it authorizes PRL to occupy the property for purposes of aircraft operations , the limitations of zoning on the parcels on which the airstrip sits , additionally requires the Planning and Zoning Commission to approve airport uses as a conditiona l use before any aircraft operations can occur; and WHEREAS, as provided in Ordinance No. 2957-2017, the City Council finds that it is in the best interest of the City to approve this Special Use Permit as PRL 's bus iness plans will provi de a unique economic benefit to the City by bringing new industry and business to the area . NOW, THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA: Section 1. That the attached Special Use Permit authoriz ing PRL to occupy the airstrip identified in the Special Use Permit for aircraft operations is appro ved . The City Manager is authorized to execute the Special Use Permit, with the condition that actual aircraft uses of t he property cannot actually begin until and unless add itional separate Conditiona l Use Perm its are obtained by PRL from the City's Planning and Zoning Commission . Section 2 . That this Resolution takes effect immediately upon passage . PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 17th day of May, 2017 . BRIAN GABRIEL SR., MAYOR ATTEST: City Clerk 'Vtff ~ w/th, a Pa&'t, tt"tt w/th, a htfl.l"e " 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager May 10, 2017 Resolution 2017-20 Approving A Special Use Permit For PRL Logistics The City of Kenai is current ly considering the sale of Tract A, Dragseth Subdivision, 2016 Addition to PRL Logistics. One condition of that sale is that PRL Logistics also be able to purchase the adjacent City land that contains an airstrip . This resolution approves the issuance of a Special Use Permit (SUP) that authorizes non-exclusive use of that airstrip and surrounding area of approximately 3 acres as shown on the attached Exhibit A . Eventually, PRL Logistics intends on using the airstrip for aircraft operations, including utilization by both fixed wing aircraft and an airship . However, during the term of the SUP, only fi xed wing aircraft will be using the airstrip , therefore only approx imately 3 acres of the area will be util ized . While this SUP authorizes PRL Logistics to occupy this area for these purposes, separate Conditional Use Permits issued by the Planning and Zoning Commission will also be required before those activities may be conducted . If PRL Logistics is successful in obtaining this SUP as well as the necessary associated Condit ional Use Permits , the intent of Administration is to begin the process of creating a saleable parcel of approximately 25.32 acres through subdivision as depicted on Exhibit A pursuant to the proposed purchase agreement for Tract A. Once the subd ivision is recorded , an ordinance authorizing the sale of the new parcel would be presented to Council for the ir consideration . The sales price of the parcel would be fair market value as determined by a fee appraisal. SPECIAL USE PERMIT -2017 The CITY OF KENAI (City) grants to PRL LOGISTIC, INC. (Permittee), whose address is c/o RE/MAX of the Peninsula, 10672 Kenai Spur Hwy, #109 , Kenai , Alaska, 99611, a Special Use Permit for the purpose of aircraft parking at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use approximately 3 acres as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The tenn of this Permit shall be for not more than one year commencing on May 18, 2017 and ending on May 18, 2018, or when Pennittee obtains fee simple interest in the property, whichever is sooner. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Pennittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $867 plus applicable sales tax. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo A venue , Kenai , AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai , AK 99611. All pennit fee s are payable in advance of each month unless otherwise provided. In the event of de linquency, interest at the rate of ten percent (10%) per annum , and penalty of ten percent (10%) shall also be due (KMC 1.75 .010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of this Permit. (See ~ 22 , Termination) 4. Use. Subject to conditions in Conditional Use Permits obtained separately by Pennittee from City, City authori ze s Permittee 's non-exclusiv e use of the Premis es for the following purpose(s): Aircraft Landing, Take Off, Parking and Loading. NOTE: This perm.it do es not guarantee th e exclusive use of th e area identified in Exhibit A . Th es e uses require separate authorizations b y Conditional Use P ermits and no Aircraft Landing. Take 0(£ Parking and Loading may occur until Conditional Us e P ermits authoriz ing th e sam e are approved b v th e City. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilitie s and is further subject to the following conditions: Special Use Pennit-PRL Logistic, Inc. (Parking) Page 1of7 Permittee acknowledges that the use granted herein is sub je ct to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Pennit is prohibited without the written consent of City. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or de signated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 6. Radio Transmitting Equipment. Pennittee shall discontinue the use of any machine or de vice which interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 7. Insurance. Pennittee shall secure and keep in force adequate insurance, as stated below , to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee's insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, prope1ty damage, personal injury and death, broad-form contractual, with a per- occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee 's fue l handling activities. The policy must name the City as an additional insured. B. Worker's compensation in surance with coverage for all emp loyees engaged in work under this Pe1mit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker's compensation insurance for any subcontractor who directly or indirectly provides services to Pennittee under this Permit. C. Commercial Automobile Coverage with not less than $1 ,000,000 combined single limit per occunence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the Special Use Permit-PRL Logistic , Inc. (Parking) Page 2of7 City as an additional insured . D. All in surance required must meet the following additional requirements: i. All policies will be by a co mpany/corporation currently rated "A-" or better by A.M. Best. 11. Permittee shall submit to the City proof of continuous ins urance coverage m the f01m of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorize d by the insurer to bind coverage on its behalf. m. Permittee shall request a waiver of subrogation against City from Permittee's insurer and the waiver of s ubrog ation, where possible, shall be provided at no cost to City. iv. Pro vide the City with notification at least thi11y (30) days before any termination , cancellation, or material change in insurance coverage of any policy required here und er. v. Evidence of in surance coverage must be submitted to C ity by July 1, 2017. The effe ctive date of the insurance s hall be no later than July 1, 2017. City may increase the an1ount or revise the type of required in s urance on written demand w ithout req uiring amendments to this Permit. C ity wi ll base any increase or revis ion on reasonable and justifiable ground s. Within two weeks of the written demand, Permittee shall submit to City ev id ence of insurance coverage that meets the requirements of the City. 8. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and Ci ty for the activities of Pennittee, its personnel , employees , and p erso ns acting on behalf of or under the a uthority of the Permittee anywhere on the Subject Property. Permittee shall provide all proper safeguard s and shall assume all r isks incurred in its activiti es on and access to the Subject Prope11y and its exercise of the priv il eges gran ted in thi s Pennit. 9. Indemnity, Defend, and Hold Harmless Agreement. Pe nnittee agrees to fully indemnify, defend , and hold harml ess , the C it y of Kenai , its officers, agents, emp lo yees, and vo lunteers from and aga in st all actions, damages, costs, liability, claims, losses, Special Use Pennit-PRL Logistic, Inc. (Parking) Page 3of7 judgments, penalties , and expenses of every type and description, including any fees and/or costs reasonably incurred by the City 's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any or all of them may be subjected , to the extent s uch Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee 's activities on or use of the Premises. This shall be a continuing obligation and shall remain in effect after tennination of this Permit. 10. Fue l Spill Prevention and Response Plan. The City requires that Pennittee provide adequate absorbent materials and tools avai lable on the Premises in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill , the cleanup of any spill , or the discharge of petroleum products or hazardous materials due to Permittee's use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Pennittee further agrees to ha ve a copy of the fuel spill prevention and response plan located in the Permittee's fuel dispensing equipment at all times. Pennittee must comply with the Airport 's Storm Water Pollution Prevention Plan as appropriate to Permittee 's activities. Pennittee shal l not store any so lid waste, petroleum products , Hazardous Material as defined by 14 CFR § 171.8 , hazardous waste (ignitable, corrosive, reactive , or toxic) or any hazardous substance on any portion of the Premises . Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other wa ste and for submitting false information regarding Hazardous Materials , including the possibility of fine and impri sonment for knowing violations. Pennittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil , grease, or any other material which may be unsightly or detiimental to the Pre1nises. Pennittee may not construct or install any above-ground or underground fuel storage tanks or dispensing systems at the Premises. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for A ircraft Fueling Servicing" in NFPA 407 (1996 version), and the current version of the International Fire Codes . All inspections of fuel faci liti es , by City or other regulating entities to which Pem1ittee is subject, shall be conducted to assure compliance Special Use Pennit-PRL Logistic , Inc. (Parking) Page 4of7 with the fire safety practices listed in these referenced documents. 11. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 12. No Discrimination. Permittee shall not discriminate against any person because of the person's race, creed, color national origin, sex, age , or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Pennittee will furnish services provided under this Permit on a reasonable, and not unjustly discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 13. Licenses and Permits. Permittee shall obtain and maintain all required federal , state, and local licenses , certificates, and other documents required for its operations under the Pennit. Permittee shall provide proof of compliance to City upon request by the City. 14. Compliance with Law. This Permit, and Permittee 's activities conducted under this Pennit, is subject to all executive orders , policies and operational guidelines and all applicable requirements of federal , state, and City statutes, ordinances, and regulations in effect during the term of this Permit. 15. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. 16. Assignment. The privileges granted under this Pennit are personal to Pennittee and may not be assigned by Permittee without prior written consent of the City. 17. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activitie s on the Premises. 18. No Waiver. Failure to insist upon a strict compliance with the tenns , conditions, and requirements herein contained , or referred to , shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms , conditions , or requirements . 19. Personalty. Pennittee shall remove any and all personal property, including all vehicles , from the Premises at the termination of this Pennit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and /or impounded by the City, if not removed upon termination of this Pennit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment Special Use Permit-PRL Logistic , Inc. (Parking) Page 5of7 to the City of the costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Perm.ittee or of its customers. 20. Termination; Default. Th.is Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. C ity may terminate the Permit immediately, or upon notice shorter than 30 days , to protect public health and safety or due to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 21. Definitions. As u sed in this Permit, "Permittee" means PRL Logistic, Inc. and where the context reasonably indicates , its officers, agents, and employees. "Airport" means the Kenai Municipal Airpo1t. CITY OF KENAI Paul Ostrander City Manager PRL LOGISTIC, INC. Date ACKNOWLEDGMENTS STA TE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) Date THIS IS TO CERTIFY that on this __ day of , 2017, the foregoing instrument was acknowledged before me by Paul Ostrander, City Manager, of the City of Kenai , an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: _____ _ ST ATE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) Special Use Pennit-PRL Logistic, Inc. (Parking) Page 6 of7 THIS IS TO CERTIFY that on this __ day of 2017 , the foregoing instrument was acknowledged before me by ----------------, of PRL Logistic, Inc., on behalf of the State of Alaska. Notary Public for Alaska My Commis sion Expires: _____ _ ATTEST: City Clerk SEAL: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Y :\Land Management\Drags e th Properry\20 17 0508 Dragseth SUP .d ocx Special Use Permit-PRL Logi stic , Inc . (Parking) Page 7of7 26 0 5 19 1 1 80 8 600 400 150 1:2,400 1 inch = 200 feet 0200400100Feet Proposed Airstrip Parcel Bo w p i c k e r L a n e Sea Ca t c h D r i v e Royal Street ® Cook Inlet Approximately 25.32 Acres Proposed Special Use Permit Airstrip Parcel Approximately 3 Acres Area Reserved For Public Access Easement Ap p r o x ima t e l y 2 9 0 0 F e e t 50 Feet Page 1 of 3 431 West 7th Avenue, Suite 101 Anchorage, AK 99501 Tel: 907-276-7034 www.ak.audubon.org VIA ELECTRONIC MAIL Paul Ostrander City Manager, City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Re: Proposed Ordinance 2956-2017; development plans that may impact the Kenai Flats Important Bird Area May 11, 2017 Dear Mr. Ostrander, Audubon Alaska is the state office for the National Audubon Society. Our mission is to conserve Alaska’s birds and wildlife—and their habitats—in order to ensure their place for future generations. We employ science and cutting-edge mapping technology to drive our conservation priorities, with an emphasis on public lands and waters. One of the ways we implement our conservation mission is to identify Important Bird Areas (IBAs), areas that contain a significant portion of the global, continental, or state population for one or more bird species. The National Audubon Society recognizes Kenai River Flats as an IBA of Continental importance. We have recently become aware of a City of Kenai Ordinance approving a property transfer (Ordinance 2956-2017)1 that would implement development plans2 potentially impacting the Kenai River Flats IBA. We are particularly concerned about the potential for impacts from airships and fixed-wing aircraft. These impacts could include disturbance, strikes, and habitat damage or degradation. We respectfully ask that you extend your decision making process in order to bring greater clarity and public awareness on this important matter. We urge you to: study the potential impacts to the Kenai Flats IBA from aircraft use; consider ways to eliminate or reduce these impacts, and consider including mitigation measures as part of the conditional use permit that appears to be a component in the proposed property transfer at issue in the ordinance. 1 See Paul Ostrander Memorandum dated April 27, 2017, to Mayor Brian Gabriel and Kenai City Council , available at http://www.ci.kenai.ak.us/sites/default/files/clerkspage/05-03-17/05-03-17_packet_3.pdf#page=74. 2 Ben Boettger, Kenai-based airship may arrive in 2019, Peninsula Clarion April 24, 2017, available at http://peninsulaclarion.com/news/2017-04-24/kenai-based-airship-may-arrive-2019#. Page 2 of 3 The Kenai River Flats is a highly productive intertidal estuarine wetland located at the mouth of the Kenai River, approximately 11 mi. north of Cape Kasilof on the east side of Cook Inlet. The area near the mouth of the river is strewn with rocky boulders, shoals, wrecks and other obstructions. The bars or tide flats are very shallow and extend 2.3 miles offshore at low water. The Flats provides habitat for a variety of waterfowl, seabird, and shorebird species, as well as fish and mammals. Over one hundred bird species have been documented on the Kenai River Flats. The Kenai River Flats site is an IBA of Continental Importance for Snow Geese.3 This site can support nearly the entire population of Wrangell Island (Siberia) Snow Geese during spring migration, usually between mid-April and May 1. Up to 6,500 Snow Geese per day rest and feed for a 3 to 10 day period, building fat reserves crucial to their migration to Wrangell Island. The Kenai River Flats area is a recognized Important Bird Area of Continental importance for Snow Geese, and also provides habitat for numerous other species.4 The Kenai River Flats IBA is also important for a host of other bird species, including Sandhill Crane, White-fronted Goose, Cackling Canada Goose, Black Brant, Trumpeter and Tundra Swan, 3 Meets Continental Criteria B4i, greater than or equal to 1% of a flyway/subspecies population of a waterbird simultaneously; greater than or equal to 5% over a season. 4 Map and IBA information available from http://ak.audubon.org/important-bird-areas-4 or https://databasin.org/datasets/f9e442345fb54ae28cf72f249d2c23a9 Page 3 of 3 Bald Eagle, Northern Pintail, Mallard, and American Widgeon. Common Snipe are abundant in the fall, and thousands of Pectoral Sandpipers have been observed on the Flats during fall migration. Rare shorebird migrants include Sharp-tailed and Solitary Sandpipers, and Surfbirds. Predatory birds dependent upon the ducks and geese include the Peregrine Falcon and Northern Harrier. Large colonies of Herring and Mew Gulls are present on the Flats and some Glaucous-winged and Bonaparte's Gulls also nest there. Nesting by Parasitic Jaegers has been documented at this site as well. Species of particular conservation concern include: Red-throated Loon, Pacific Golden-Plover, and Hudsonian Godwit. The following questions and concerns are relevant to conserving the species and habitat at the Kenai River Flats IBA as you conduct your decision making process:  What is the current air traffic pattern and intensity in the area?  How will the proposed ordinance, the property transfer, and the proposed development plans change those patterns and intensity?  What impacts may result to the birds and habitat of the Kenai Flats IBA from such a potential increase in air traffic?  What are appropriate measures to eliminate or mitigate those impacts?  What materials, such as a conditional use permit, may be used to ensure that appropriate mitigation measures do occur? The ecological value of the Kenai River Flats IBA deserves due consideration in a decision that could bring increased aircraft traffic to this site. We also respectfully ask that you extend the decision making process on this matter in order to study these questions and bring greater clarity to the process and outcome. Please feel free to contact us with any questions, clarifications, or requests for additional information. Sincerely, Susan Culliney Policy Director sculliney@audubon.org Sponsored by: Administration t'1edi)'1, KENAI, ALASKA 'V CITY OF KENAI RESOLUTION NO. 2017-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA , AWARDIN G AN AGREEM ENT FOR CONSTRUCTION OF SENIOR CENTER DINING ROOM ROOF REPAIR AND ATRIUM REP LACEMENT 2017 WHEREAS, the fo ll owing bids were received on April 26, 2017, BIDDERS BASE BID ADD ALT 1 ADD ALT 2 ADD ALT 3 Engineer's Estimate 211,000 5,000 10,000 13,000 Orion Construction, Inc . 216,516 19,731 34,662 15,040 Ahtna Environmental, In c. 178,900 5,000 2,000 15 ,000 Endries Company 244,848 3,500 6,200 4,000 G&S Construction, Inc. 165,000 13,000 29,000 14,500 ; and, WHEREAS, Ahtna Environmental, In c. subm itted the lowest responsive combined base bid an d additive alternates one and two ; and, WHEREAS, award of the base bid and additive a lternates one and two to Ahtn a Environmental, In c. wou ld be in the best interest of the city; and , WHEREAS, the recommendation from City Administration is to award the agreement to Ahtn a Environmental , In c . for the tota l approximate cost of $185,900.00; and , WHEREAS, sufficient monies are appropriated. NOW, THE REFORE, BE IT RESOLVED BY THE COUNCIL OF THE CI T Y OF KENAI , ALASKA : Section 1. That the City Manager is authorized to award an agreement for the project entitled "SEN IOR CENTER DINING ROOM ROOF RE PAIR AND ATRIUM REPLACEMENT 2017" to Ahtna Environmental , In c. for the bid amount of $185 ,900 .00 ' Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNC IL OF T HE C IT Y OF KENAI , ALASKA, this 17th day of May, 2017 . BRIAN GABRIEL SR , MAYOR ATTEST: Sandra Modigh, City Clerk 'lftfftlje «1/t/r, a Pa~~ Ct'tj «1/t/r, a f"atafl,, " MEMORANDUM 210 Fidalgo Ave, Kenai, Alaska 99611 -77 94 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city TO: THROUGH: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager? 0 • FROM: DATE: Sean Wedemeyer, Public Works Director/Capital Projects Manager $AAW May 9, 2017 SUBJECT: Awarding an agreement to construct senior center dining room roof repair and atrium replacement This purpose of this memo is to recommend adoption of a resoluti on awarding an agreement to construct the senior center dining room roof repair and atrium replacement project. The following bids were opened April 26, 2017. BIDDERS BASE BID ADD ALT 1 ADD ALT 2 ADD ALT 3 Enqineer's Estimate 211 ,000 5,000 10,000 13,000 Orion Construction, Inc. 216,516 19, 731 34,662 15,040 Ahtna Environmental, Inc. 178,900 5,000 2 ,000 15,000 Endries Company 244,848 3,500 6 ,200 4 ,000 G&S Construction, Inc. 165,000 13,000 29 ,000 14,500 The base bid scope of work includes removing the atrium and replacing it with conventiona l framed construction with windows and roof. Additive alternat e one includes furnishing and installing solar shades. Additive alternate two upgrades the window frames from vinyl to aluminum providing for a longer life expectancy. Additive alternate three upgrades from reusing the existin g can lighting to pendant lighting. Because the roof has leaked for many years , we do not recommend awarding additive alternate three until we have the opportunity to perform sufficient demolition to ascertain if project contingency funds wi ll be needed to repair hidden structural damage. Thanks to the Senior Connection 's generous donation there are sufficient funds appropriated in this project account to award this project. Thank you for your consideration . _____________________________________________________________________________________ Sponsored by: City Clerk CITY OF KENAI RESOLUTION NO. 2017-22 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING THE CITY OF KENAI RECORD RETENTION SCHEDULE ADOPTED ON JULY 6, 2011 BY RESOLUTION NO. 2011-51 AND ENACTING A PUBLIC RECORDS MANAGEMENT SCHEDULE AND RECORD RETENTION POLICY. WHEREAS, as directed in KMC 10.30, it is appropriate to amend the current record retention schedule to include authorities for mandated retention periods and update current departmental provisions; and, WHEREAS, each department head has reviewed and revised the proposed Public Records Management Schedule and Record Retention Policy; and, WHEREAS, the City Attorney has reviewed the revised Public Records Management Schedule and Record Retention Policy in its entirety. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City of Kenai Record Retention Schedule, adopted on July 6, 2011 by Resolution No. 2011-51, identified as, “Attachment A,” is hereby repealed. Section 2. That the City of Kenai Public Records Management Schedule and Record Retention Policy, identified as, “Attachment B,” is hereby enacted. Section 3. That this resolution takes effect June 17, 2017 to coincide with Ordinance No. 2954-2017. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Sandra Modigh, City Clerk CITY OF KENAI RECORDS RETENTION SCHEDULE APPROVED JULY 6, 2011 by KENAI CITY COUNCIL RESOLUTION NO. 2011-51 ATTACHMENT "A" CITY OF KENAI RECORDS RETENTION SCHEDULE LEGEND ADEC Alaska Department of Environmental Conservation AS Alaska Statute CFR Code of Federal Regulations CY Current Year P Permanent Record V Vital Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments AIRPORT OWNER -- AIRPORT MANAGER AIRPORT TERMINAL LEASES CY+2 Digital Department Policy CURRENT PROJECT FILES Paper Retain until obsolete, superceded or administrative/management need is met. DEPOSIT RECONCILIATIONS RECEIPTS CY Paper Department Policy LANDING REPORTS CY Paper Department Policy PARKING ENVELOPES CY originals Department Policy PERSONNEL TRAINING FILES Destroy 1 year after employment ends Paper Department Policy CITY OF KENAI RECORDS RETENTION SCHEDULE Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE ANIMAL CONTROL OWNER -- POLICE LT. ANIMAL CONTROL FILES May consist of the following: animal complaint notifications/citations, description of animal, notification to owner, certfiication of ownership, owner claims, release of animal data, dog bite reports and statitistical reports. Also spay/neuter, euthanasia, vaccination, patrol, and abuse/cruelty information.3 Paper Per State of Alaska Local Government General Records Retention Schedule, Schedule Number 300, September 2001. DAILY DEPOSIT RECONCILATIONS CY+1 Paper Department Policy LICENSING INFORMATION 3 Database Department Policy RABIES INFORMATION 3 Database Department Policy Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE CITY MANAGER OWNER -- CITY MANAGER CONFIDENTIAL EMPLOYEE MEDICAL RECORDS 30 years after termination Paper As mandated by Occupational Safety requirements and as stated in the City of Kenai General Health and Safety Plan. CORRESPONDENCE CY + 2 Paper Department policy CURRENT PROJECT FILES CY Paper Retain until obsolete, superceded or administrative/management need is met. DEEDS & PATENTS P Paper Department policy EQUIPMENT FILES Equipment contracts and manuals Until equipment retired Paper Department policy JANITORIAL CONTRACTS Related information for City Hall and Visitors Center CY Paper Department policy LAND LEASE FILES CY+2 Digital Department policy LAND SALE FILES 7 Digital State of Alaska, Local Government General Records Retention Schedule, Schedule Number 300 OCCURRENCE/ACCIDENT REPORTS Applies to all accidents or injuries involving City property or City employees CY + 2 Digital Department policy Note: Injuries to employees are placed in their confidential medical files PERSONNEL FILES - Recruitment (for Department Heads)2 years Paper Supervisor's Handbook - Grievance Issues Current Paper Employee Termination READING FILES CY + 3 Paper Department policy Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE CLERK OWNER -- CITY CLERK ALCOHOLIC BEVERAGE CONTROL Liquor License Applications & Information 4 Paper Biennial licenses ALASKA PUBLIC OFFICES COMMISSION Financial Disclosure Forms (Lobbyist, City Manager, City Attorney, Clerk, Council and P&Z Commissioners)6 Paper AS 29.20.010 KMC 6.05.280 CENSUS Retain until obsolete, superceded or administrative/management need is met. AS 29.60 CITY SEAL P COMMISSIONS & BOARDS Airport Commission, Parks & Rec. Commission, Harbor Commission, Beautification Committee, Council on Aging, Library Commission and Planning & Zoning Commission. - Correspondence 2 years Paper Office Policy - Agenda/Minutes P digital - Packets P digital - Membership P Paper - Tapes/CD - Planning & Zoning Commission 6 years Tapes/CD Office Policy - Tapes/CD - Lesser Commissions & Committees 2 years Tapes/CD Office Policy OATHS OF OFFICE Oaths of office may include oaths for Department Heads, City Attorney, Clerk.P Paper/Digit al AS 29.20.600 DISTRICT/SPECIAL ASSESSMENT DISTRICT (Includes petition, corresp., copies of resolutions, notices, etc.)P Paper/Digit al COUNCIL Includes Council Meetings & Work Sessions. File sets may include notice of meeting, affidavit of publication, sign up sheets, workpapers, written testimony, exhibits and audio/visual materials. - Agenda/Minutes P Paper, digital, microfilm - Meeting Notices P digital, microfilm - Meeting Packets P Paper, digital, microfilm Current year plus 5 - Paper Older Packets - Digital - Membership P Paper - Audio Tapes/CD 6 years Tapes/CD - Oaths of Office P Paper Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE - Board of Adjustment Hearings P paper (6 years), digital, microfilm - Resolutions P Paper, digital, microfilm - Resolution Index P digital ELECTIONS - Ballots 1 year unless contested AS 15.15.470 KMC 6.05.280 - Certification/Canvas Board 4 years - Financial Disclosure Statements 6 years - Precinct Maps P Until superseded - Registers 6 years - Nominiation Petitions/Declaration of Candidacy 4 years AS 15.25.030 KMC 6.05.280 - Contested Election Data 1 year 1 year after election certified (State Retention Schedule) - Voter Ballots (Completed, Challenged, Rejected, Absentee & Special Needs 1 month after election certified - Certificate of Election Returns (Regular & Special 1 year - DOJ Preclearance Records P Paper, digital Dept. of Justice - Recount Petitions 1 year 1 year after election certified (State Retention Schedule) - Election Officials' Records May consist of recruitment materials, interest letters, training notes, acceptance forms, oaths and mileage reimbursement requests. Includes absentee voting officials’ documentation.4 years INCORPORATION RECORDS P Paper, digital ORDINANCES & CODES - Index P - Ordinances & Codes P AS 29.20.380 PURCHASE ORDERS CY Paper READING FILES 1 year Paper RECORD DISPOSAL LIST P PERMITS May include Mobile Food Vendor, Itinerant Merchant, Private Detective or Vehicle-for-Hire.2 Paper City Policy CEMETERY P City Policy MEMORIAL PARK P City Policy Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE T-33 STATIC DISPLAY Documentation related to display at Airport Way and Willow Street intersection.P digital USAF Agreement Loan Agreement CY + 2 paper PERSONNEL ARBITRATION BOARD 5 years after decision AS 39.25.080 AS23.40.245 GAMING PERMITS MINI-GRANT CORRESPONDENCE/AWARD FILE Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE FINANCE OWNER -- ACCOUNTANT ACCOUNTS PAYABLE - Invoices, vouchers and vendor files 3 years Paper V Department policy - Requisitions and purchase orders 2 years Paper V Department policy ACCOUNTS RECEIVABLE y p g accounts receivable billing (transaction register, invoice register , transaction summary, aging report, accounts receivable by category, general ledger update); may include Caselle reports generated for water and sewer billing (billing register, aging report, accounts receivable by service, transaction register and transaction summary, billing usage summary, customer deposit report, rate table summary, general ledger update). 3 years Paper & Caselle V Department policy DEPARTMENTAL DEPOSIT RECONCILIATIONS CY Paper Retain until audit for corresponding year has been certified. AMBULANCE BILLINGS 5 years Paper V Department policy ASSESSMENTS 5 years Paper V Department policy AUDIT REPORTS P Paper Department policyBANKING RECORDS Consists of records of bank transactions for revenue and payments and may include: bank statements, bank reconciliations, cancelled checks, voided checks, deposit slips, wire transfers, transmittal of Direct Pay water and sewer payment files, savings account data, debt service payments, signature authorizations, etc.3 years Paper Retain 3 years provided an audit or other annual financial statement has been certified. BOND RECORDS 20 years Paper Retain 20 years after issue called. BUDGET, FINAL & APPROVED 5 years Paper V BUDGET WORK PAPERS Documents used in the development of the City's annual budget prior to presentation to the Council. CY Paper Auditors have past years of budget work papers. CHART OF ACCOUNTS 3 years V CORRESPONDENCE 3 years Paper Office Policy FINANCIAL REPORTS P Paper V FIXED ASSETS V - Buildings Caselle - Land Caselle - Equipment Caselle GENERAL ACCOUNTING RECORDS May include: water and sewer stubs, dock receipts, Caselle reports (payment register, receipt register, payment update, general ledger update), dipnet parking receipt books and deposit slips, NSF checks, Landing reports, Car rental commission reports, Animal control receipts.CY + 3 Paper Retain 3 years provided an audit or other annual financial statement has been certified. Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE GRANT FILES Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. - State 3 years - Federal Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later. Per AS 09.10.053 Statute of Limitations is 3 years. JOURNALS CY Caselle Department policy LEDGERS CY Caselle Department policy METER RELATED Meter prelist, meter exception list, meter proof report, history report.10 years Paper & Caselle Department policy PAYROLL 3 years Paper - Earnings and Deductions P Paper Department policy - Timesheets, leave slips, overtime slips 3 years Paper Department policy PERSONNEL FILES -- CURRENT - Applications P Paper CFR 7-850 - Benefit Program 3 years after termination Paper CFR 11-497 - Performance Evaluations P Paper - Commendations, Disciplinary Actions, Educational Certificates P Paper TERMINATED EMPLOYEE FILES 50 yrs.Digital All employee files are permanent and upon termination, the file is to be scanned and the imaged file becomes the permanent record copy. The paper copy is to be shredded. REGISTERS CY Caselle Department policy REVENUE SHARING Formula-based funding allocated by the State. This file may include applications, correspondence, year-end audits/budgets.3 years Paper Department policy Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE FIRE OWNER -- FIRE CHIEF APPARATUS - Inventory - Maintenance CY 5 Paper Department policy ARSON INVESTIGATIONS P Paper CORRESPONDENCE CY Paper Department policy DAILY LOGS P Scanned EMS RUN REPORTS 21 Paper, Digital A.S. 18.20.085 EQUIPMENT - Daily Checks - Inventory - Maintenance CY CY 3 Paper Department policy FIRE PREVENTION Presentations made to schools.CY Scanned Scanned as part of daily logs. FIRE RUN REPORTS 21 Paper, Digital A.S. 18.20.085 FORMS CY Paper Department policy INSPECTIONS - Business inspections may include daycares and bed &breakfasts (every other year) - City Buildings (annually) - Equipment (annually) 5 5 5 Paper, Digital PERSONNEL FILES Destroy 1 year after employment ends Paper Complete Personnel files kept in Personnel Department including blood borne pathogens reports. PERSONNEL TRAINING FILES Destroy 1 year after employment ends Paper Department policy READING FILES CY Paper Department policy Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE LIBRARY OWNER -- LIBRARY DIRECTOR COMPLAINT FORMS CY Paper Department Policy: Older copies may be kept at the Director's discretion. DAILY COUNTS 2 Paper Department Policy DEPOSIT RECONCILIATIONS Reconcilations are completed weekly and taken to Finance for deposit.CY Paper Department Policy FORMS FILES CY Paper Department Policy FRIENDS OF THE LIBRARY Meeting summaries and associated documentation.CY Paper City not responsible for permament record of Friends of the Library minutes. Retained as reference at Director's discretion. FRIENDS OF THE LIBRARY ARTICLES OF INCORPORATION P Paper City not responsible for permament record of Friends of the Library minutes. Retained as reference at Director's discretion. GRANT APPLICATIONS (not awarded) Application not approved or funded.Paper Retain until obsolete, superceded or administrative/management need is met.GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until Federal Audit is completed or 3 years after grant Paper Per AS 09.10.053 Statute of Limitations is 3 years. GUARDIAN SECURITY CONTRACT 3 Paper Department Policy HISTORICAL FILES Includes historical information related to period of time before City operated the Library P Paper Department Policy HORIZON CATALOG BACKUP P Tape Backup tapes are stored offsite for security. Tapes are rotated according to established Departmental backup procedures. INVOICES CY + 1 Paper Department Head would like to keep second year since not everything is ordered every year. JANITORIAL CONTRACTS 3 Paper Department Policy LIBRARY COMMISSION MEETING SUMMARIES CY PDF Permanent record is kept through Clerk's office. Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE MONTHLY REPORTS CY + 1 Paper + Digital Department Head would like to keep second year because of state report needs. These items are scanned as part of the Clerk's permanent files within Council packets. NORTHERN TECHNOLOGY Work orders and correspondence related to computer issues.CY Paper Department Policy PATRON RECORDS 3 Paper Department Policy - Confidential per AS 40.25.140 PROJECT FILES CY Paper Retain until obsolete, superceded or administrative/management need is met. PURCHASE ORDERS CY + 1 Paper Department Head would like to keep second year since not everything is ordered every year. SUMMER READING PROGRAM FILES CY + Paper Retention is at Summer Reading Program Coordinator's discretion as past files are referred to in preparation of current year's reading program. Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE LEGAL OWNER -- CITY ATTORNEY CIVIL ACTIONS 10 Paper V CLAIMS AGAINST CITY 10 Paper V; AS 09.10.100 w/o disability AS 09.10.060, 3 years, AS 09.10.070, 2 years CODE SUPPLEMENTS CODE VIOLATIONS 10 Paper Department Policy CONTRACTS Destroy 5 years after expiration Paper Department Policy OPINIONS P Paper V PROFESSIONAL SERVICE REGULATIONS 5 Paper Department Policy TRAFFIC CASES 10 Paper Department Policy Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE PARKS & RECREATION OWNER -- PARKS & REC DIRECTOR ACCIDENT REPORTS 2 Paper Department Policy CORRESPONDENCE 4 Paper Department Policy DEPOSIT RECONCILIATIONS CY Paper Department Policy EVALUATIONS CY Paper Department Policy FORMS CY Paper Department Policy GRANT FILES P Paper Retention period is according to individual grant requirements. ICE RINK RESERVATIONS CY Paper Department Policy INSPECTIONS: MULTI-PURPOSE FACILITY Weekly and quarterly inspections 4 Paper Department Policy INSPECTIONS: PLAYGROUND Weekly and quarterly inspections 4 Paper Department Policy MINOR INJURY REPORTS 2 Paper Department Policy PARK RESERVATION INFORMATION CY Paper Department Policy TENT CAMPING INFORMATION CY Paper Department Policy TIMESHEETS CY Paper Department Policy TRAINING: FULL-TIME PERMANENT POSITIONS P Paper Department Policy TRAINING: PART-TIME TEMPORARY POSITIONS CY Paper Department Policy Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE POLICE OWNER -- POLICE LT. ACTIVITY LOGS Service calls generated each day.P Digital Department policy CASE FILE PHOTOGRAPHS P Digital V; Scanned in with corresponding case file. CASE FILES P Digital V COMMUNICATION LOGS Daily radio logs.P Digital V CRIMESTOPPER FILES CY + 2 Paper Retention period decided by Crimestopper officer according to Crimestopper guidelines (minimum 2 IMPOUND SLIPS Impounded vehicle documentation.P Digital Scanned in with corresponding case file. PERSONNEL FILES CY Paper Department policy PROPERTY, LOST & FOUND P Digital Officer fills out form; assigns case number; scanned. ST-1's Each individual case generated for the day.P Digital Scanned with corresponding case file. TRAFFIC CITATIONS CY Department policy Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE PLANNING & ZONING OWNER -- CITY PLANNER AGENDA & MINUTES P Digital Permanent - Originals kept in binders COMMISSION RECORDINGS 6 Tape Retain current 6 years only COMMISSION PACKETS P Paper, Digital Retain current 6 years only in paper CORRESPONDENCE 4 Paper Department Policy GRANTS P Paper, Digital Retain per Grant Retention Date MAPS P Paper Department Policy PLATS P Paper Department Policy PERMITS: CONDITIONAL USE P Paper, Digital Original signed permits/resolutions are scanned and kept in binders. Copies are kept with application by address in P&Z files. PERMITS: ENCROACHMENTS P Paper, Digital Original signed permits/resolutions are scanned and kept in binders. Copies are kept with application by address in P&Z files. PERMITS: HOME OCCUPATIONS P Paper, Digital Original signed permits/resolutions are scanned and kept in binders. Copies are kept with application by address in P&Z files. PERMITS: VACATIONS P Paper, Digital Original signed permits/resolutions are scanned and kept in binders. Copies are kept with application by address in P&Z files. PERMITS: VARIANCE/APPEALS P Paper, Digital Original signed permits/resolutions are scanned and kept in binders. Copies are kept with application by address in P&Z files. PURCHASE ORDERS CY Paper Department Policy REPORTS/STUDIES Paper Retain until obsolete, superceded or administrative/management need is met. P & Z RESOLUTIONS P Paper, Digital Original signed permits/resolutions are scanned and kept in binders. Copies are kept with application by address in P&Z files. REZONING P Paper, Digital Original signed permits/resolutions are scanned and kept in binders. Copies are kept with application by address in P&Z files. SUBDIVISIONS PLATS P Paper, Digital original signed permits/resolutions are scanned and kept in binders. Copies are kept with application by address in P&Z files. *Permits prior to 1995 were scanned and destroyed (excluding building permits which have been kept by address in permanent files). Permit originals from 1995 to present are kept per above retention schedule. Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE Files have also been copied to disks for Planner and Planning Assistant as well as 1 kept in the fire proof safe. Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE PUBLIC WORKS OWNER -- PUBLIC WORKS MANAGER CAPITAL IMPROVEMENT PROJECTS LIST 2 years Paper PROPOSED PROJECT FILES Paper Retain until obsolete or not needed REPORTS AND STUDIES Paper Retain until obsolete or not needed PROJECT CONSTRUCTION FILES (Buildings, Harbor, Streets, STP, Water, Sewer, Airport, Local Impr. Districts) Retain the following files for 6 years after the project has been completed unless permanent. Specifications w/Executed Contract P Paper As-built Drawings P Mylar/CD Easements - Construction 6 years Bidder's File - Bids 6 years Resolutions, Ordinances, Budgets copies 6 years Originals filed with clerk General Correspondence 6 years City Correspondence 6 years Requests for Engineering Proposals 6 years Engineer's Correspondence 6 years Engineer's Contract 6 years Engineer's Invoices 6 years Engineer's Reports and Test Results 6 years Project Final Inspection/Acceptance 6 years Borough, Federal, State Agencies - Correspondence 6 years Borough, Federal, State Agencies - Agreements 6 years Borough, Federal, State Agencies - Permits 6 years After permit expires Utility Correspondence 6 years Submittals 6 years Review to retain w/O&M for life of building Operation and Maintenance Manuals P Paper Pay Estimates 6 years Change Orders P Paper Keep with Specifications Certified Payrolls 6 years Closeout Reports - Airport Projects P Paper, Digital EQUIPMENT & SMALL PROJECT BIDS Bids 6 years Retain 6 years after completion Contract Documents 6 years Retain 6 years after completion PUBLIC WORKS ADMINISTRATION Correspondence and Memos 3 years Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE Reading Files CY PW Staff Meeting Agendas CY Project Status Reports CY Utilities Correspondence 3 years Complaints 3 years Easements (Permanent)P Paper Job Applications 3 years Purchase Orders CY STATE OF ALASKA Correspondence 3 years Grant Applications 3 years Dip Net Fishery 10 years State Project Files 6 years Retain 6 years after completion Dept. of Labor Min. Rates of Pay 6 years Retain 6 years after completion FEDERAL Correspondence 3 years Corps Permits Expiration + 1 Corps Public Notices 3 years BOROUGH Correspondence 3 years Leachate Agreement Current Emergency Management Plan Current + 1 BUILDING INSPECTION Correspondence 3 years Codes P Building Permits P Paper, Digital City owned = P, Residential and Commercial = 1 year Inspection Reports P Paper Filed by street address Building Plans P Paper, Digital As-Builts P Paper Filed by street address Sign Permits Life of sign Filed by street address Certificate of Occupancy P Paper Filed by street address Abatements 10 years Stop Work/Violations 3 years 3 years after action Water & Sewer Drawings P Paper BUILDINGS - MAINTENANCE Correspondence 3 years Maintenance Schedules Current Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE Maintenance Reports Life of facility Purchase Orders & Quotations CY DOCK/HARBOR Correspondence & Memos 3 years Rate Schedules CY Federal & State Permits Moorint Bouy Permits and Locations Until expiration Crane Inspections Life of crane Station Leases 6 years Paper Corps Permit - Dredging Until expiration ENVIRONMENTAL Correspondence 3 years Request for Proposals 6 years Agreements 6 years Site Assessments P Paper Work Plans P Paper Surveys 6 years Testing P SPCC & SWWPT Plans Until superseded NPDES Permits Current + 1 ADEC Underground Storage Tanks Life of tank + 6 years Waste Disposal Permits Current Final Reports P Paper, Digital SAFETY Correspondence and Memos 3 years Meeting Agendas and Minutes P Digital Safety Packets P Digital Accident Reports (Original CM)CY Filed in City Manager's Office OSHA and ADEC Correspondence 3 years Training and Certifications Paper Copies in Personnel Files Safety Audits Most recent Site Inspection Reports Most recent CDL Licenses Current Copies in confidential medical files City Health and Safety Plan Current Paper SEWER TREATMENT PLANT Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE Correspondence and Memos 3 years NPDES Permits and DMR Reports 5 years Records of all monitoring information, including all calibration & maintenance records, original strip chart recordings, reports and data used to complete the application for this permit for a period of at least 5 years from the date of the sample, measurement, report or application. USEPA EPA Correspondence 5 years DEC Correspondence 5 years Borough Annual Biosolids Report 5 years SHARP Correspondence and Inspection Reports 5 years OSHA Correspondence and Inspection Reports 5 years Wastewater Facilities Master Plan P Paper, Digital SHOP Correspondence and Memos 3 years Supervisors Weekly Reports CY Equipment List - Vehicles Current Auctions 2 years Previous 2 auctions STREETS Correspondence and Memos 3 years Excavation in ROW Permits 3 years Detour Permits CY Curb & Gutter and Driveway Permits P Paper Filed by street address Oiling Permits CY State DOT Seasonal Permits CY Repairs 3 years Work Requests 3 years Status - Maintained Streets Current Snow Removal Notices CY Items in ROW 3 years Damage Reports 3 years Policies Current Signs Current Streetlight Agreements Current Streetlight Specifications P Paper Retain for the life of the fixture Streetlight Repairs 3 years Paper WATER AND SEWER Correspondence and Memos 3 years Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE Water and Sewer Problems P Paper, Digital Water and Sewer Permits P Paper, Digital Filed by street address Hydrant Permit 2 years Private Installation Agreements P Paper Wildwood Agreement for W & S P Paper Cathodic Protection 3 years SCADA System Current Source Water Assessments 1, 2, 3 P Paper, Digital Water Rights and Surveys P Paper, Digital Permits and Drilling Logs P Paper, Digital Water Use Reports - Daily P Paper, Digital ADEC Correspondence, Regulations 6 years Records concerning a variance, exemption or waiver granted to the PWS Until expires + 5 Paper 5 years following the expiration of the variance or exemption. ADEC CFR Ref. 141.33 Microbial Analyses - Coliform tests and chlorine residual reports 5 years Paper, Digital Keep actual lab reports or transfer the data to tabular summaries. ADEC CFR Ref. 141.33 Chemical Analyses - Inorganics, nitrate, nitrite, flouride, radionuclides, VOC's, pesticides, Asbestos, Arsenic, HAA5, TTHM 10 years Paper, Digital ADEC CFR Ref. 141.33 Monitoring Plans 10 years Paper, Digital Same period as records of analyses taken under the plan have to be kept. (Monitoring results for micro, turbidity, and chemical analyses above) ADEC CFR Ref. 141.33 Lead and Copper 12 years Paper, Digital Systems must retain original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, State determinations, and any other information required by the rule for at least 12 years. USEPA Regulations Sanitary Surveys and related written reports, summaries and communications 10 years Paper, Digital 10 years after completion of the sanitary survey involved. ADEC CFR Ref. 141.33 Violations of primary drinking water regulations - records of corrective actions taken by the PWS 3 years Paper 3 years after the last action taken for the specific violation involved. ADEC CFR Ref. 141.33 Public notices in accordance with 40 CFR 141.202-.210 & App A,B,C 3 years Paper 3 years after issuance ADEC CFR Ref. 141.33 Consumer Confidence Reports 10 years Paper, Digital Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE Emergency Response Plan and Water Vulnerability Assessment Current Paper Water System Studies P Paper/PDF Retention Destroy & Archival Paper after Record Series Title Disposition Media Imaged & QC'd Citation/Comments CITY OF KENAI RECORDS RETENTION SCHEDULE SENIOR CENTER OWNER -- SENIOR CENTER DIRECTOR DEPOSIT RECONCILIATIONS CY Paper Department policyGRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until Federal Audit is completed or 3 years after grant Paper Per AS 09.10.053 Statute of Limitations is 3 years. MEDICARE ENROLLMENT FILES Retention period is until enrollee is deceased or file is inactive 5 years.Paper VINTAGE POINTE' MANOR Lease agreements Retain 2 years after tenant moves out of facility.Paper Public Records Management Schedule and Record Retention Policy Approved May 17, 2017 by Kenai City Council Resolution No. 2017-22 Office of the City Clerk 210 Fidalgo Avenue Kenai, AK 99611 p. (907) 283-8231 f. (907) 283-5068 cityclerk@kenai.city www.kenai.city ATTACHMENT "B" Overview Development of the City Records Retention Schedule Kenai’s Retention Schedule was developed using the State of Alaska Local Government Model General Administrative Records Retention Schedule #300.1 (2012) as a basis for minimum retention of records, with modification to fit the needs of the City of Kenai. With input from employees in each department, the schedule was drafted and presented to the City Attorney for review. After legal review the schedule was approved by City Council. AS 40.21: Management & Preservation of Public Records AS 40.21 requires the orderly management of current local public records and preservation of noncurrent public records that have permanent historical value. AS 40.21.070 says “the governing body of each political subdivision of the state shall promote the principles of efficient records management for local public records…” Moreover, KMC 10.30.020 mandates that the Clerk for the City of Kenai shall “be responsible for the development and implementation of a Records Retention Program.” What is the Goal of Records Management? The goal of Records Management is to professionally manage record information from the time records are received or created throughout their processing, distribution, and use, to placement in a storage and retrieval system until the final disposition of destruction or long-term archival, according to specific retention requirements. Why Destroy Records at All? Records are routinely destroyed as a part of a records life cycle. Destroying records that have met their retention reduces administrative expenses, reduces the cost of records storage, and minimizes the potential for City liability. Note: Litigation, claims, complaints, and/or investigations suspend normal retention periods and retention then begins after settlement. Records involved in litigation cannot be destroyed until they have been approved for destruction by the City Attorney. What is a Record? A record is any media that captures, preserves or disseminates information; or, any documents that are created or received during the course of an organization’s official business and is preserved as evidence of the organizations function, policies, decisions, procedures, operations, or other activities [refer to AS 40.21.150(5 & 6)]. Types of Media Records may be contained on a variety of media, including, but not limited to: paper, microfilm, analog cassette/video tapes, maps, drawings, photographs, magnetic tapes/disks, digitized video files, and optical disks. Unless otherwise noted, all records in this schedule apply to all media types. Values of Records that Impact Retention Administrative/Operational: These records are needed for current operations of the agency. Financial: Financial records document fiscal transactions needed for tax and audit purposes. Legal: Records with legal value document the rights of citizens or employees or pertain to contractual obligations. Historical: Records have historical value if they document policies, procedures or historical activities. Terms Used in the Retention Schedule Vital Records: Records containing information that is essential to the continuing operation for survival of the department. These records should be managed in a way to ensure their survival in the event of a disaster e.g. a fire or flood. Most essential records for the City are duplicated digitally and available off site. Non-Record: A non-record is a document produced for convenience to perform a daily task and/or function and has no value beyond the specific use. Examples include files kept for reference only, task lists, phone messages (unless documenting communication that falls under the retention schedule) and departmental copies of budgets, city code or manuals. These documents do not need to be retained once their administrative need is met. Disposition: The process where a record is either destroyed or transferred to the Records Center as prescribed by a records retention schedule. Not all records need to be transferred to the Records Center for storage. Note: Records that are scheduled for destruction will be tabulated and approved by the City Clerk unless otherwise noted under Designation in the retention schedule. Duplicates: Duplicate records are copies and are not considered to be the Official Record. Destroy duplicates when the Official Record Copy has met its required retention and is destroyed. Official Record Copy: The Official Record Copy refers to the copy of the record that must be retained to fulfill all its legal responsibilities and must be retained for the total retention period stated. Records Series: A group of records, performing a specific function, which is used as a unit, filed as a unit, and may be transferred or destroyed as a unit. A records series may consist of a single type of form or a number of different types of documents that are filed together to document a specific function. Abbreviation Key Act = Active KMC = Kenai Municipal Code CY = Current Year LGM #300.1 = State of Alaska Local Government Model General Administrative Records Retention Schedule AS = Alaska Statute USC = United States Code CFR = Code of Federal Regulations How to Use the Retention Schedule TITLE RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES Series Number Brief title of documents included within record series. Brief and general description of documents included within record series. This area identifies the owner of the record series. This area will describe the length of time this record series needs to be kept and what to do with the records. This section cites the Code, Statute, Regulation or other standard that provides guidance on retention length. This section identifies which records need additional notes such as ESSENTIAL or NON-RECORDS and provides additional information, as needed. Table of Contents 1. General Administrative ...................................................... 7 2. Airport ................................................................................ 10 3. Animal Control ................................................................... 11 4. Clerk .................................................................................. 12 5. Finance.............................................................................. 14 6. Fire Department ................................................................ 18 7. Human Resources ............................................................ 19 8. Lands................................................................................. 21 9. Legal.................................................................................. 22 10. Library ............................................................................... 23 11. Parks & Recreation ........................................................... 24 12. Police................................................................................. 25 13. Planning & Zoning ............................................................. 26 14. Public Works ..................................................................... 27 15. Senior Center .................................................................... 31 16. Procedures ........................................................................ 32 17. Forms ................................................................................ 34 [PAGE LEFT BLANK INTENTIONALLY] GENERAL ADMINISTRATIVE RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES ADM 1000 General – Transitory and Miscellaneous Administrative Information Records to help accomplish the functions for which a person or department is responsible. Administrative records have value as long as they assist employees in performing either current or future work. The primary administrative use of most records is exhausted when the transactions to which they relate have been completed All Until Administrative Need is met. LGM #300.1 1.1, 1.2 Examples of Administrative documents include: appointment books and calendars, plans and copies of records used for administrative or reference purposes, unsuccessful bids and proposals, correspondence, reading files, reports, studies, forms, reading and working files, service awards and surveys. Note: Correspondence related to projects or specific department issues may be retained with the primary file. ADM 1050 Non-Record Information or documents which are not preserved for their informational value or as evidence or operation of the City. All None. AS 40.21.150(6) Examples of non-records include: unsolicited received messages (spam), periodicals, superseded templates, duplicates of records retained elsewhere, preliminary drafts. Note: May destroy immediately; Email non-records will be presumed destroyed 30 days after creation or receipt. ADM2000 Policies / Procedures Including, but not limited to: policies and procedures related to methods or processes for performing activities to ensure uniformity and compliance with City and legal requirements. Includes: • Employee handbooks; • Office and job practices; • Procedural manuals. All Act + 10 LGM #300.1 1.3 ADM2100 Master Plans Studies and long-term development plans including, but not limited to: • Comprehensive Plan • Airport Master Plan • Water/Sewer Master Plan All Permanent LGM #300.1 1.5 Vital Records ADM3000 Dipnet Fishery Records Including but not limited to: correspondence, policies, procedures, and documentation of problems. All Act + 10 Note: The annual dipnet report provided to Council is maintained permanently GENERAL ADMINISTRATIVE RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES ADM 4000 Facility / Equipment Maintenance Files related to the administration and operation of City owned property and equipment. Includes: • Inspection reports, • Maintenance logs • Warranty information • Damage/Accident reports • Claim files Facility maintenance files may also include: • Accounting, • Bids, • Enabling legislation, • Permits, • Problems, • Proposals, • Reports, and • Utilities correspondence. All L or C LGM #300.1 1.7, 1.9, 13.13 L = Life of the facility/vehicle. C = Until administrative need is met. ADM4100 IT Asset Management Records relating to computer system, including: program/system documentation, wiring, software licenses, disaster recovery, inventory, web page data. All Until Administrative Need Met LGM #300.1 9.1 ADM 5000 Contracts and Agreements Records related to obligations under contracts, leases, and other agreements between the City and outside parties. Includes: • Contracts for Services, • Purchases and Sales. All Act + 6 AS 09.10.053 48 CFR 4.703 Some contracts may have a longer retention requirement. Data owners are responsible for enforcing longer retention requirements. **Originals maintained by City Clerk ADM 5100 Request for Proposal Including, but not limited to: • RFP, and • Bids All Act + 6 LGM #300.1 5.1 Accepted / Awarded requests for proposal (RFP) may have a longer retention requirement. ADM 6000 Legal Compliance Code enforcement violation reports, notices to comply. All Act + 3 LGM #300.1 10.7, GENERAL ADMINISTRATIVE RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES ADM7000 Grants Including, but not limited to: • Correspondence and check copies, • Force account labor letters, • Grant application, • Grant agreement, and • Grant reports. All Act + 3 AS09.10.053 49 CFR 110.90 May depend on regulations of source agency. ADM8000 Training/Development Records Related to the development and operation of sponsored training programs and seminars including, but not limited to: • Drug and alcohol awareness, • Education assistance, • Management and supervision development, • Records related to certification for individuals to perform certain tasks. Includes CDL and other records related to continuing education and training. All T + 6 LGM #300.1 6.15 T = Until termination of employment ADM 9000 Accident/Incident Reports Including but not limited to: • Incident/Accident report, • Medical evaluations, • Public safety officer reports, • Time loss documentation, and • Other data relating to on the job injuries and accidents. City Manager C + 6 years LGM #300.1 1.10 C = Resolution of accident. Applies to all accidents or injuries involving City Property or City Personnel. ADM10000 Safety Records Records related to safety programs: • SHARP correspondence and inspection reports, • OSHA correspondence and inspection reports. All 3 years LGM #300.1 1.4.2 ADM19900 Historical Records determined to possess historical value All Indefinite AIRPORT RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES AIR1000 Airport – Operations Operational records including: certificates, licenses, wildlife control plan & permits; key control files; pavement condition report Airport Manager CY + 2 years ACM requirements per 14 CFR 139 (C) ACM = Airport Certification Manual AIR2000 Airport – Accident Records related to aircraft accidents Airport Manager CY + 5* years 49 CFR 801.32 *Review after 5 years to determine necessity of keeping further. AIR3000 Airport – Statistics Records containing data regarding plane landings, enplanements Airport Manager CY + 5 years 18 CFR 368.3 AIR4000 Airport – Security Records regarding the security activities at the airport including, but not limited to activity logs and pass-on logs. Airport Manager CY + 1 years 49 CFR 1542.221 AIR5000 Airport – Parking Violations Records related to public parking violations Airport Manager CY + 1 year KMC Appendix – Airport Regulations, Chapters 6 and 13. AIR6000 Airport – Storm Water Pollution Prevention Plan Records related to and including the Storm Water Pollution Prevention Plan. Airport Manager T + 3 years 40 CFR 122.26 T = Termination of permit. AIR7000 Airport – Agreements, Leases, Permits Records related to terminal leases, concession agreements, and special use permits Airport Manager T + 6 years LGM #300.1 12.4 T = Termination ANIMAL CONTROL RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES ACL1000 Animal Control Files Records for: • Dog licenses • Licensed facilities • Animal complaint notifications/citations • Notification to owner • Owner claims • Release of animal data • Vehicle logs • Lost & found • Adoptions • Impound records • Surrender forms • Bite reports • Statistical reports • Spay/neuter • Euthanasia • Vaccination • Patrol • Abuse/cruelty information Animal Control Officer 3 years LGM #300.1 CLERK RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES CLK1000 Councils, Boards, or Commissions – Appointments to Boards and Commissions Including, but not limited to: • Appointments, and • Resignations City Clerk Act + 6 years LGM #300.1 2.6 Master list of appointments is kept permanently, see CLK1100 CLK1100 Councils, Boards, or Commissions – Adopted Agendas, Minutes, Ordinances and Resolutions; Master List of Board, Commission, Commission, and Committee Members; Oaths of Office Including, but not limited to: • Adopted agendas, minutes, ordinances, and resolutions, • Master list of names, terms, and dates of service, • Meeting information / Packets, • Oaths of office, • Proclamations, • Public notices, and • Any other records that constitute official accounts of the proceedings and actions of the body. City Clerk Permanent LGM #300.1 2.4, 2.5, 2.6 CLK1200 Councils, Boards, or Commissions – Supporting Documentation Including, but not limited to: • Audio/Visual Recordings, • Vacancies, and • Correspondence. City Clerk Act + 6 years LGM #300.1 2.1.2 CLK2000 Elections - Permanent Including, but not limited to: • Canvass board reports, • Council certificate of election, • Preclearance records. City Clerk Permanent KMC 6.05.280 LGM #300.1 8.3, 8.6 CLK2100 Elections – General Including, but not limited to: • Candidate lists, • Financial Disclosure Statements, • Correspondence, • Election officials’ records, • Initiative, referendum, and recall records filed by private citizens or groups requesting governing body action, • Materials for absentee, early, questioned voter, or special needs voting, • Posting notices/materials • Precinct register, and City Clerk Act + 6 years AS 15.15.470 AS 29.26 AS 15.25.230 KMC 6.05.280 LGM #300.1 2.3, 8.4, 8.7, 8.11, 8.13 CLERK RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES CLK2200 Elections – Registers & Tally Books Includes: • Precinct, final voting, questioned voter, special needs voting, and absentee voter. • Special needs voting applications City Clerk C + 4 years KMC 6.05.280 C = Until election is certified Retain longer if election is contested per AS 15.15.470 CLK2300 Elections – Declarations of Candidacy/Nomination Petitions Declarations of Candidacy and Nomination petitions City Clerk C + 3 years KMC 6.05.280 KMC 6.10.040 C = Until term expires CLK2400 Elections – Recount Petitions & Election Contests Includes: • Candidate requests for recount of individual machine or paper ballot tallies; includes candidates’ reason for request • Contested election and runoff data City Clerk C + 1 year KMC 6.05.280 LGM #300.1 8.5 C = Until election is certified. CLK2500 Elections – Ballots Including, but not limited to: • Ballot stubs, • Ballot transport envelopes, • Counted and uncounted questioned, early, and absentee by mail ballots, • Destroyed and unused ballots and • Official election ballots City Clerk 30 days after election is certified LGM #300.1 8.1 CLK3000 Annexation/Consolidation Petition and supporting files City Clerk Permanent LGM #300.1 2.9 5 year retention if fail; permanent if passed CLK4000 Records Management – Permanent Adopted retention schedules and destruction documentation City Clerk Permanent LGM #300.1 1.1, 1.16 CLK4100 Records Management – General Completed inventories, record storage forms, and training materials City Clerk Act + 6 years LGM #300.1 1.32 CLK4200 Public Records Requests Public records request forms and related material produced with response City Clerk 1 year LGM #300.1 1.14 CLK5000 Cemetery/Memorial Park Records Includes: • Diagrams, • Maps and indices of burial plots, • Record of plot sales, and • Burial permits. City Clerk Permanent LGM #300.1 2.12 FINANCE RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES FIN1000 Accounts Payable/Purchasing Including, but not limited to: • Check copies, • Copies of purchase orders and any other supporting documentation, • Invoices/statements, • Loan applications / Credit applications, • Records related to shipment or receipt of purchases, • Refund register, • Tax exemptions for City of Kenai, • Travel expense reimbursement, and • W-9 forms. Finance 6 years 8 AAC 85.020 AS 43.20.200 26 USC 6501- 6503 Note: Check copies related to grants are placed in the grant file. FIN1100 IRS Forms Regarding Accounts Payable/Purchasing Including, but not limited to, 1096, and 1099 Forms. Finance Permanent 26 CFR 31.6001-1 FIN1200 Accounts Receivable Including, but not limited to: • Bad debt / bankruptcy accounts, • Daily cash receipts / reports, • Citation receipts, • Dipnet fees, • Deposit slips, • NSF check information, and • Records related to the receipt of revenues: including ACH payment book. Finance 6 years 8 AAC 85.020 AS 43.20.200 26 USC 6501- 6503 FIN1300 General Ledger Including, but not limited to: • Journal / Adjusted journal entries, • Bank reconciliations, • Bank statements / investment records, • Budget amendments, • Check registers, and • Credit card statements and journal entries. Finance 6 years 8 AAC 85.020 AS 43.20.200 26 USC 6501- 6503 FINANCE RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES FIN2000 Fixed Assets Records related to fixed asset inventory, vehicle titles and registrations, property deeds, etc. Finance L LGM #300.1 1.9.1, 2.13.1 L = Life of the asset or until authorized disposal of grant funded asset. FIN3000 Records Including, but not limited to: • Adopted budget, • Final audit, • General revenue and expenditure ledgers and journals, • Insurance policies (other than medical) including amendments, riders, endorsements, claims listings, insurance exposure questionnaires; • Special assessments, and • Special assessment information requests. Finance Permanent 29 CFR 1910.1020 LGM #300.1 1.4.1, 3.3.2.4.1, 3.5.1.14 FIN3100 Insurance Policies Records pertaining to insurance policies, other than medical. May include amendments, riders, endorsements, claims listings, and insurance exposure questionnaires. Finance C + 50 years LGM #300.1 7.1 C = Until policy expires. FIN3500 Bond Records Includes cancelled/redeemed bonds/coupons documenting proof of issuance and payments to individual bondholders. Finance 3 years* LGM #300.1 3.11 * Provided an audit or other annual financial statement has been certified. FIN3600 Bond Registers Includes bond/coupon register (numeric listing of bonds/coupons). Finance C + 20 years LGM #300.1 3.12 C = Until issue called. FIN4000 Payroll Records related to the payment of salaries and wages. Including, but not limited to: • Alaska ESC contribution reports, • Verification of Employee Payment, • Leave requests, • Leave payout requests, • W-2 forms, • 941 forms and records, • Overtime requests, and • Timesheets. Finance Act + 6 years 8 AAC 85.020 Active = Current year + unaudited previous year. FIN4100 Salary Administration Salary schedule pay plans Finance Permanent 29 CFR 516.5 LGM #300.1 6.7 Filed with annual budget FINANCE RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES FIN4200 Benefits, Contributions, & Distributions Records related to City sponsored benefit plans. Including, but not limited to: Deferred compensations, Disability, Insurance, and Medical • 1094-C Forms, • 1095-C Forms, • ACA Information, • Account statements, • Correspondence, • Deferred compensation, • Participation agreements. See FIN4500 for permanent summary records related to PERS, and benefit enrollments and updates. Finance T + 6 years 29 USC 1027 29 USC 1059 Detailed information, or brochures, regarding benefit plan is retained 6 years. T = Termination of Plan FIN4300 Payroll & Benefits File Records related to employment of individual employees. Including, but not limited to: • Acknowledgments*, • Alaska Unemployment records, • Application*, • Benefits enrollments and documentation, • Direct deposit authorization, • Disciplinary actions*, • Employee information, • Hiring memo*, • Leave donations, • Performance evaluations*, • Personnel Action Notices (copy)*, • W-4, and • Wage garnishments. See FIN4000 for payroll payment and timesheet records. Finance T + 40 years AS 39.35.070 29 CFR 1627.3 *Prior to 1/2/2013, HR files were kept with these files. T=Term of Employment FIN4400 Workers Comp Records related to worker’s compensation and on- the-job injury*. Finance T + 40 years 29 USC 1059 AS 39.35.070 *Prior to 1/2/2013, HR files were kept with these files. Files are confidential per AS 40.25.120 T=Term of Employment FIN4500 PERS Bi-weekly retirement reports and participation agreements. Finance T + 40 years 29 USC 1059 AS 39.35.070 T=Term of Employment FINANCE RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES FIN5000 I-9 I-9 Employment Eligibility Verification Forms Finance T + 3 years LGM #300.1 6.21 T=Term of Employment FIN6000 EEOC Equal Employment Opportunity Reports Finance 10 years LGM #300.1 6.17 Certain information is confidential per AS 18.80.115 FIN7000 Utility Customer Records Including, but not limited to: • Address information, • Connection orders, • Deposit information, • Disconnection orders, • Landlord / tenant agreements, • Name, • Residential and commercial files • Utility easements, and • Work orders. Finance Act + 3 years LGM #30.1 13.30 FIN7100 Utility Finance Records Including, but not limited to: • Account aging report, • Adjustments, • Auto pay draft posting register*, • Billing calculations, • Collections correspondence, • Cut-off register, • Delinquent list, • Deposit return report, • Meter read reports; • Outstanding assessments, • Rate information, • Receipt register, and • Utility billing cycle. Finance 3 years 8 AAC 85.020 AS 43.20.200 26 USC 6501- 6503 *Record ceased to be maintained 07/15/15 FIN9900 General Records related to finance activities not covered previously. Finance 3 years LGM #300.1 3.1 FIRE RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES FIR1000 Fire Investigations and Run Reports Records related to Fire Run Reports and Fire Investigations. Fire C + 30 years LGM #300.1 11.25 C = Until Investigation is Closed. FIR2000 EMS Run Reports Records related to EMS run reports. Fire 7 years* AS 18.20.085 * If patient was a minor, retention will be longer per AS 18.20.085. FIR2100 Ambulance Billing Records related to billing for ambulance services. Fire 6 years 8 AAC 85.020 AS 43.20.200 FIR3000 Inspections Includes bi-annual building fire safety inspections. Fire 5 years LGM #300.1 11.27 FIR3100 Airport Fuel Inspections Records related to quarterly fuel inspections on the airport. Fire 3 mos. + 1 year 14 CFR 139.321 (d) HUMAN RESOURCES RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES HRM1000 Recruitment Records including, but not limited to: • Advertising, • Applications (not hired), • Interview questionnaires, • Job postings, • Releases, • Supplemental questionnaires, and • Testing. City Manager 2 years LGM #300.1 6.3 KPD maintains records polygraph testing and psychological evaluations on candidates that were not hired. HRM1100 Job Descriptions Job Descriptions City Manager Until Superseded or Obsolete LGM #300.1 6.8 HRM1200 Job Classifications Job Classifications City Manager Until Superseded or Obsolete LGM #300.1 6.9 HRM2000 Personnel Files Records including, but not limited to: • Application, • Acknowledgements, • Disciplinary action, • Hiring memo, • Letters of commendation, • Job Description (copy), • Performance evaluations, • Personnel action forms, • Required certifications. City Manager T + 40 years AS 39.35.070 29 CFR 1627.3 *Prior to 1/2/2013, these files were kept in Finance. T=Term of Employment HRM3000 Employee Confidential/Medical Files As mandated by Occupational Safety requirements and as stated in the City of Kenai General Health and Safety Plan. Records include, but are not limited to: • Accident/Injury reports, • American’s with Disabilities Act accommodations, • Background checks, • Biohazard exposure, • Drug/Alcohol Testing, • Family Medical Leave Act, • Infection control, • Vaccinations, • Worker’s compensation report (copy), • Work releases. City Manager, Fire Department T + 40 years 29 CFR 1910.1001 Files are confidential per AS 40.25.120. T=Term of Employment HUMAN RESOURCES RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES HRM3100 Drug & Alcohol Testing Records including, but not limited to: • Drug and Alcohol Test Notifications • Donor Referral Forms • Drug and Alcohol Test Results • Random Selections • Summary Reports City Manager 5 years 49 CFR 40.333 HRM4000 Grievances Documents grievances related to employment conditions and relationships, including written grievances filed, investigative notes, answers, reports, and correspondence. City Manager T LGM #300.1 6.11 T = Term of Employment HRM5000 Worker’s Compensation Records regarding the recording and reporting of occupational injuries. City Manager T + 40 years LGM #300.1 7.3 *Prior to 1/2/2013, these files were kept in Finance. T=Term of Employment HRM6000 OSHA Illness and Injury Records Records including, but not limited to: • OSHA’s Form 300, Log of Work- Related Injuries and Illnesses; • OSHA Form 300A, Summary of Work-Related Injuries and Illnesses; and • Survey of Occupational Injuries and Illnesses. City Manager C + 5 years 29 CFR 1904.33 AS 18.60.030 C = Current LANDS RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES LND1000 City Owned Land Files Records related to deeds, patents, easements, rights-of-way. Planning & Zoning Permanent LGM #300.1 16.1 LND1100 Land Management Records including, but not limited to: • Acquisitions, • Leases, • Management agreements, • Memorandums of understanding, and • Sales. Planning & Zoning Act + 6 years LGM #300.1 12.4 If subject to potential litigation, retain until file no longer has legal value. Some records may have permanent archival value. LND2000 Foreclosure Records Transfer records related to foreclosures. Planning & Zoning Permanent LGM #300.1 16.4 LEGAL RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES LEG1000 Legal Opinions Written attorney opinions. Legal Permanent LGM #300.1 10.1 LEG2000 Claims/Litigations Records related to threatened or asserted litigations or government investigation. Including, but not limited to: • Attorney work-products, • Court Orders, • Discovery, • Exhibits, • Judgments, • Legal opinions, • Minor offense cases, • Pleadings, • Settlements, • Terms and conditions, • Transcripts, etc. Legal C + 10 years AS 09.10.100 LGM #300.1 7.1, 10.1, 10.3 C = Until case closed. LEG3000 Code Supplements Includes City Code and code supplements Legal Permanent LGM #300.1 2.5 Vital Record LEG4000 Traffic Citations Traffic Citations issued by KPD. Legal C + 2 years LGM #300.1 11.19 C = Until case closed. LEG5000 Collections Records related to collecting debts owed to the City. Legal C + 3 years* LGM #300.1 3.1 C = Until case closed. * = Provided an audit or other financial statement has been certified. LIBRARY RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES LIB1000 Circulation Records Records pertaining to privileged patron information, circulation cards, overdue notices, etc. Library Act + 3 years LGM #300.1 18.3 Confidential per AS 40.25.140 LIB2000 Shelf Lists, Inventories & Information Systems Documenting repository materials Library C then destroy LGM #300.1 18.4 C = Until superseded/obsolete or administrative need is met. LIB9900 General Records related to library activities not covered previously. Library CY + 1 year PARKS & RECREATION RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES PRK1000 General Records related to the operations of the Parks and Recreation facilities, including, but not limited to: • Forms, • Reservation information Parks & Rec CY PRK2000 Inspections Records include monthly and quarterly inspections for the crew building, multi-purpose facility, playgrounds, and the recreation center. See Also, ADM4000 Parks & Rec L or C LGM #300.1 1.7, 13.13 L = Life of the facility/equipment. C = Until administrative need is met. POLICE RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES POL1000 Case Files Working papers of cases under investigation. May include documentation of complaint, surveillance and crime lab reports, photographs, and copies from police reports. Police Permanent LGM #300.1 11.4 POL2000 Impound Slips Impounded vehicle documentation. Police CY + 2 years AS 09.10 POL3000 Digital Evidence Related to Crimes Digital evidence such as photo, audio, and video recordings related to criminal activity. Police Per Department Policy – Guided by Alaska Statute POL3100 Non-case Related 911 Audio & Radio Traffic Recordings of 911 Audio and Radio Traffic that are not related to a case. Police 90 days LGM #300.1 11.10.2 POL3200 Non-case Related Audio & Video Audio and Video Dash-cam and Body-cam recordings that are not related to a case. Police Until Administrative Need is Met. *Case related audio and video retained per POL3000. *There is no state or federal guidance regarding retention of this video media. POL4000 Internal Affairs Investigations Investigations of complaints of alleged officer misconduct. May include reports, correspondence, statements, investigation documentation, findings and disposition. Police T + 7 years LGM #300.1 11.8 Per AS 09.10.070 a tort or civil rights claim against the City or State for use of force must be filed within two years. Disciplinary actions resulting from an Internal Affairs investigation filed in Personnel file. T = Termination of Employment PLANNING & ZONING RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES PLN1000 Permanent Including, but not limited to: • Easements, • Maps, • Permits (Conditional use, variance, vacations, home occupation, encroachment, etc.) • Plats, and • Zoning/Rezoning. Planning & Zoning Permanent LGM #300.1 12.1, 13.1, 13.7, 13.8 PUBLIC WORKS RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES PWK1000 Plans, Maps, Drawings, & Field Measurements Plans, drawings, maps, as-built, including, but not limited to: • Curb & Gutter and Driveway permits, • Easements, • Fire lanes, • Layout/grade, • Lot plans, • Municipal buildings, • Sanitary sewers, • Streets, • Subdivisions, • Survey/plat, • Traffic control, • Water/Sewer Connection permits, • Water/Sewer Agreement – Wildwood, • Water supply, • Water supply management, • Water quality protection, and • Wellhead protection. Engineering field measurements, sketches, and diagrams including, but not limited to: • Bench marks, • Core test holes, • Distance, • Drainage, • Elevations, and • Ponding. Project records including, but not limited to: • Executed Contract, • Specifications, • Submittals, • Operation & Maintenance Manuals, • Change Orders. Public Works Permanent LGM #300.1 13.1, 13.29, 13.3 PWK1100 Construction Project Files Consists of plans, bids, evaluations, performance bonds, and correspondence documenting solicitation, selection, and award/administration of contracts, and professional agreements. May include: • Contract modifications, • Data relative to utilities, • Field reports, • Job accounting information, and • Project close-out information. Public Works C + 6 years LGM #300.1 13.4 C = Closeout * Some granting agencies require longer retention. PUBLIC WORKS RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES PWK2000 Administration Records relating to the administration of the public works department. Including, but not limited to: • Complaints, • Damage reports, • Utilities correspondence. Public Works 3 years LGM #300.1 13.11 PWK2100 Maintenance Work Orders & Logs Record of work performed and completed related to shop building or streetlights. May include, but not limited to: • Authorization, • Date, • Description of work, • Equipment and material info, • Itemized labor, • Location, • Names of staff performing work, • Order number, and • Time. Public Works 3 years LGM #300.1 13.12 PWK3000 Building Inspection - Permanent May include, but not limited to: • National and International Codes, • Issued building permits, • Driveway permits, • Inspection reports, • Building plans, • As-built drawings, and • Certificates of occupancy. Public Works Permanent LGM #300.1 13.5 City owned building plans to be retained permanently, residential and commercial to be retained one (1) year. PWK4000 Permits – Received, Federal & State Consists of permits issued to the City by Federal and/or state departments. May include, but not limited to: • Corps of Engineers permits, • APDES Permit, Public Works Until expiration + 1 year. LGM #300.1 13.4 PWK4100 Permits - Issued Consists of permits issued by the City. May include, but not limited to: • Excavation in ROW permits, • Detour Permits, • Hydrant Permits. Public Works Until expiration + 1 year KMC 18.20.010 KMC 18.25.040 PUBLIC WORKS RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES PWK5000 Safety - Meetings Includes Agendas, minutes, and meeting packets Public Works 3 years LGM #300.1 1.4.2 PWK6000 Sewer Treatment Plant Consists of records relevant to the maintenance of the sewer treatment plant. Includes, but not limited to: • APDES Permits, • DMR reports, • EPA & DEC correspondence, • Borough annual biosolids report, • SHARP correspondence and inspection reports, • OSHA correspondence and inspection reports. Public Works Permanent LGM #300.1 13.23 PWK7000 Water System Monitoring Charts & Logs Graphs monitoring water distribution system including flow rates, pressure, and elevation. Logs documenting water readings at individual pumping / meter stations. May include, but not limited to: • Date, • Number of gallons per day, • Reader’s name, • Reading, • Remarks, and • Time Public Works 5 years LGM #300.1 13.25 PWK7100 Well Information May include, but not limited to: • ADEC Required Annual Test information, • DNR Reports, • Water rights, • Well boring, and • Well logs. Public Works Permanent LGM #300.1 13.27 PUBLIC WORKS RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES PWK7200 Water Testing Records Records of water testing and analysis conducted on water system. May include, but not limited to: • Chain of custody forms, • Consumer Confidence Report, • Laboratory certificates of analysis, • Lead/copper/nitrate results, • Microbiological, sample analysis and other result reports, • Water quality logs, • Water tank and reservoir testing/inspection reports Lead & copper analyses, corrosion control sampling and source water treatment records. Chemical, organic/inorganic chemical, Radiological and turbidity analyses, and sanitary system survey data. Records of action taken to correct violations of primary drinking water regulations. Public Works 12 years LGM #300.1 13.28 40 CFR 141.33 USEPA 18 AAC 70 18 AAC 72 18 AAC 80 PWK7300 Utility Records Includes, but not limited to: • Connection/disconnection orders and • Work Orders. Public Works C LGM #300.1 13.30 C = Until administrative need is met. PWK9900 General Records related to public works activities not covered previously. Public Works 6 years SENIOR CENTER RECORD SERIES SUBJECTS DESCRIPTION DATA OWNER RETENTION CITATION COMMENTS/NOTES SRC1000 Medicaid Provider Records Records supporting the services provided to clients for which payment is requested including, but not limited to: • Client care plans, and • Services provided. Senior Center 7 years 7 AAC 43.030 SRC2000 Vintage Pointe Manor Lease Agreements Includes Vintage Pointe Manor leases, etc. Senior Center Act + 6 years AS 09.10.053 48 CFR 4.703 Procedure 1. The Departmental Record Coordinator, with the help of staff, conducts a “hands-on” inventory within file rooms, offices, miscellaneous file keeping areas, and approved record storage areas. 2. Identify files that have met the required retention period and are not of legal or historical value. 3. Place records for destruction in records storage boxes and number the box as assigned by the Records Manager. Use the Records Transfer and Destruction Authorization Form to document the contents of the box. 4. Fill out the Records Transfer and Destruction Authorization Form: a. Records Coordinator -- enter the name of the records coordinator filling out the purge form. b. Date -- enter the date the form is filled out. c. Department -- list the department the original records belong to. d. Department Head -- list the name of the individual responsible for the records being purged. e. Box Number -- list the box number provided by the records manager. f. Records Description – using record series identifiers provided in the record retention schedule, describe with some specificity, the record to be destroyed (i.e. specific jobs or projects). g. Date Range -- list the earliest and latest date associated with the group of records in the box. h. Signature – Get approval signature for destruction from the department head for which the record is owned. 5. Deliver the boxes with the Records Transfer and Destruction Authorization Form to the Records Manager. The Records Manager completes the following: 1. Purge Authorization -- obtain the appropriate signatures from the Records Destruction Authorities. 2. Destroyed By -- name of person witnessing the destruction. Include the date of destruction. 3. Accumulate all destruction receipts and file them in a Records Management History file for long-term retention. Disposal of Records Records may be disposed of if the following requirements are met: a. The records requested to be disposed of are not vital or historical records. b. The records have been sufficiently identified and proper authorization has been granted. c. The records have met the minimum retention periods as prescribed by the council by resolution. Records that may be disposed of as soon as they have served their purposes include catalogs, copies of records, working drafts, working papers accumulated in preparation of a communication, study, or other writing, telephone message slips, voice mail messages, computer email messages. The following may also be disposed of as soon as they have served their purposes if they do not add information: letters of transmittal; suspense copies when a reply has been received; routine requests for information and publications; tracer letters; feeder reports and the like. Records of a confidential nature shall be disposed of by shredding or burning. All other records shall be disposed of in any appropriate manner. The City Clerk shall retain on file, the physical inventory of the records which were disposed of, together with a record of the disposal itself. The City Clerk shall transmit a copy of the disposal record and the document list to the City Council and to the office from which the records were drawn. Form Powered by Microsoft Excel v. 11.6355.6360 SP1, (c) 2003 Microsoft (c) 2004 Acumen Information Services, Inc., All Rights Reserved 1 of 1 Department/ Record Owner: Record Series 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 Data Owner Approval (Date) Tax Approval (Date) Legal Approval (Date) CITY OF KENAI RETENTION SCHEDULE Department Box Number: Record Description Date Range Records Transfer and Destruction Authorization Form Record Manager Signature: Date Destroyed Destruction Authorization:Record Manager Use Only: Additional Comments: MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: FROM: Jamie Heinz, Deputy City Clerk DATE: 05/10/2017 SUBJECT: Public Records Management Schedule and Record Retention Policy – Resolution No. 2017-22 As previously referenced in the memo attached to Ordinance No. 2954-2017, the Clerk’s Office, in conjuction with the City Attorney, recognized the need for the City’s record retention schedule and policy to be brought up to date and improved upon. The attached Records Management Schedule and Record Retention Policy is the culmination of a process involving the Department Head and Record Coordinator for each City department, reviewing all types of records each department owns, determining mandated retention periods, obtaining Department Head approval, and finally, legal approval. Through the process, the document was reformatted, and local, state, and federal regulations were reviewed and cited. The Clerk’s Office has prepared this record retention schedule and policy, for your consideration and adoption, together with the enactment of Ordinance No. 2954-2017. Your consideration is appreciated. tl1uityef, KENAI, AUSKA 'VI' CITY OF KENAI RESOLUTION NO. 2017-23 Sponsored by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AUTHORIZING BUDGET ADJUSTMENTS IN THE AIRPORT FUND FOR COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, snowfall at the Kenai Municipal Airport during the 2016-2017 winter was above average with over 45 documented snow events requ iring response ; and, WHEREAS, budgeted temporary hours and overtime were not sufficient requiring supplemental funding of $21,275 including wages and benefits ; and , WHEREAS, the department has identified available budget in other accounts sufficient for the needed amendment to overtime and benefit accounts. NOW , THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA: Section 1. That following budget adjustment is authorized: Airport Fund Increase: Airfield -Wages A irfield -Overtime Airfield -Medicare Airfield -Social Security Airfield -PERS Airfield -Unemployment Decrease : Airfield -Contingency Airfield -Machinery & Equipment Airfield -Repair & Maintenance $12,450 5 ,200 450 775 1,400 1,000 $21.275 $10 ,000 6,001 5.274 $21,275 Resolution No . 2017-23 Page 2of2 Section 2. That pursuant to KMC 1.15.080(b ), this resolution shall become effective upon passage . PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 17 day of May, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: Sandra Modigh , City Clerk Approved by Finance:~ 'ti/fl~ «1/t/i a PaJ'~ e~ «1/t/i a Fu.tu.J<-e '' 210 FidalgoAve , Kena i , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai .city MEMORANDUM TO: THROUGH: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ~ f.o- FROM: Mary L. Bondurant -Airport Ma , DATE: May10,2017 . SUBJECT: Airfield Salaries -Shortage FY17 The Airport experienced heavy snowfall during the 2016-2017 winter season w ith over forty-five ( 45) documented snow events that demanded additional overtime and temporary equ ipment operator hours to ensure safe operation of aircraft. This resulted in the Airfield -Salaries , Medicare, FICA, PERS, ESC accounts being short approx imately $21 ,275. To cover this overrun , funds c an be transferred from the following accounts: Airfield /Contingency - Airfield/Machine & Equipment - Airfield/Repairs & Maintenance - $10,000 $ 6,001 $ 5,274 $21,275 Please contact me if you have any questions. _____________________________________________________________________________________ Sponsored by: Council Member Navarre CITY OF KENAI RESOLUTION NO. 2017-24 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING POLICY NO. 2016-01, PROCEDURES FOR COMMISSIONS, COMMITTEES AND COUNCIL ON AGING -TO PROVIDE PROCEDURES FOR COUNCIL INVOLVEMENT IN COMMISSIONS, COMMITTEES AND COUNCIL ON AGING MEETINGS. WHEREAS, Resolution 2016-03, repealed the existing policy on procedures for City commissions, committees, and the Council on Aging, and created a new policy in its place; and, WHEREAS, the replacement policy does not address Council interaction with these bodies, nor how Council or individual Council Members may cause an item to be placed on their agenda; and, WHEREAS, these bodies are advisory to the Council and Council interaction at the committee and commission level should be minimal to allow for the process at the advisory level to be completed as independently as possible; and, WHEREAS, each advisory body has a Council Liaison to share information between the Council and advisory body as necessary; and, WHEREAS, Council interaction at an advisory meeting should be limited to introduction of sponsored legislation by a Council Sponsor and other communications by Council to the advisory body is generally discouraged; and WHEREAS, items referred to advisory bodies for review should be referred by the Council, as opposed to referral by individual Council Members for purposes of clarity and cohesion. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That Council Policy No. 2016-01: Procedures for Commissions, Committees and Council on Aging is amended to address Council participation in advisory body meetings as provided in the attached Amended Policy. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ City Clerk POLICY NO. 2016-01 (Amended): Procedures for Commissions, Committees and Council on Aging Purpose The purpose of this policy is to establish procedures, other than those provided in KMC 1.90, for Commissions, Committees and Council on Aging. Scope This policy applies to all advisory bodies appointed by the City Council. The Planning and Zoning Commission is also regulated by KMC 14.05. Policy 1. Appointment and Reappointments a. An application for consideration of appointment or reappointment to a [C]Commission, [C]Committee or Council on Aging must be submitted to the City Clerk. b. The Mayor nominates an applicant for appointment or reappointment and by motion, the City Council confirms. 2. Establishing Subcommittees a. A subcommittee of a commission or committee may be established for a specific function upon approval of Council. 3. Meeting Schedules a. Commission, [C]Committee and Council on Aging meeting schedule is as follows: Commission/ Committee/Council on Aging Meeting Schedule Scheduled Meeting Days Airport Commission Monthly Second Thursday of the month Beautification Committee Meetings held January, April, May, September and October Second Tuesday of the month Council on Aging Monthly Second Thursday of the month Harbor Commission Monthly First Monday after first council meeting of the month Library Commission (Suspended as of 2015, Ordinance No. 2815-2015) N/A N/A Parks & Recreation Commission Monthly, except for July First Thursday of the month Planning & Zoning Commission Twice monthly Second & fourth W ednesdays Kenai City Council Policy No. 2016-01 (Amended) Page 2 of 4 b. All regular meetings will be held in the Kenai City Hall Council Chambers with the exception of the Council on Aging who shall meet at the Senior Center, unless offsite arrangements are approved by the Clerk. Exceptions for subcommittee meetings may be made with the advance notice of the City Clerk. c. Regularly scheduled meetings shall begin at 7:00 p.m. unless otherwise approved by Council via motion, with the exception of the Council on Aging, which begins at 4:30 p.m. d. Commissions, Committees and Council on Aging may, with the City Clerk’s approval and notification to Council and the City Manager, hold special meetings (for a specific purpose) on an as-needed basis. e. Commissions, Committees and Council on Aging meetings may be cancelled by the City Clerk, with notification to Council and the City Manager, if cancellation is warranted, i.e. lack of agenda items, pre-knowledge of lack of a quorum, etc. f. Any additional commissions or committees established will be set and incorporated into the meeting schedule by the City Council. 4. Minutes & Meeting Recordings a. With exception of the Planning & Zoning Commission, taking notes and electronically recording meetings shall be the responsibility of department liaison to the specific meeting body. The Clerk’s Office shall take notes and record the meeting for the Planning and Zoning Commission. b. Summary minutes will be produced by the Clerk’s Office from the department liaisons notes and provided to the City Council as official records of the meetings. c. Regularly scheduled meetings shall be electronically recorded and with the exception of Planning & Zoning Commission, shall be kept for two years. d. Planning & Zoning Commission meeting recordings shall be kept for 6 years. 5. Work Sessions a. Work sessions may not be held without the approval of the City Clerk unless they occur on the night of and at the time of a regularly scheduled advertised meeting. Notification of scheduled work session shall be provided to City Council and the City Manager. Work session may be requested by Council, the liaison or Chair of the body. b. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken. c. At a minimum, work sessions shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least [5]five days prior to the meeting. Kenai City Council Policy No. 2016-01 (Amended) Page 3 of 4 6. Basic Meeting Information a. All meetings shall be open to the public. b. At a minimum, meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least [5]five days prior to the meeting. c. Meeting agenda’s shall be established by the Chair and the department liaison. The City Council, by motion, may refer an item to be placed on an agenda seeking a recommendation from the respective Committee, Commission, or Council on Aging. d. The department liaison shall submit items for the agenda and supporting documentation to the Clerk’s Office [1]one week prior to a meeting, no later than 2:00 p.m. The Clerk’s Office will compile meeting material and distribute. The Planning & Zoning Commission is exempt from this requirement as the Planning Department advertises, compiles meeting material and distributes for its commission. e. Rules of Order: Pursuant to KMC 1.15.120(b) and KMC 1.90.050(c), in all matters of parliamentary procedure, Robert's Rules of Order, as revised shall be applicable and govern all meetings, except as specified in KMC 1.15.060 ([M]Motions), KMC 1.15.100 ([S]Speaking), and KMC 1.15.110 ([V]Voting). f. Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is more than one-half of the board/commission (quorum of the whole). g. Motion: Pursuant to KMC 1.15.060(k), all motions require a second. A majority of votes is required to pass a motion. h. Speaking: In a meeting, members should be recognized by the Chair before speaking. i. When is it a Meeting: If any public business is discussed collectively by four or a majority of members of one body. 7. Council Participation a. Any Council Member may attend a meeting or work session of any Commission, Committee or the Council on Aging. Only the Council Liaison to the respective, Commission, Committee or Council on Aging may speak on behalf of the Council. Participation by Council Members at Commission, Committee or Council on Aging meetings should be limited to introduction of legislation by one Council Legislative Sponsor. Participation by any other Council Members, written or oral, is discouraged. b. Exception: Council Members may fully participate in any joint work session or other meeting with a Commission, Committee, or the Council on Aging when it has been noticed that the City Council will be in attendance, or there has been a specific delegation of authority by the Council for a member(s) to represent the Council. Kenai City Council Policy No. 2016-01 (Amended) Page 4 of 4 Effective Date: Approved by Resolution 2016-01 (Amended) BRIAN GABRIEL SR., MAYOR ATTEST: City Clerk MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Council Member Navarre DATE: May 9, 2017 SUBJECT: Resolution Amending Policy Commissions, Committees & Council on Aging This Resolution amending the City’s Policy on Commissions, Committees and Council on Aging is intended to establish procedures for Council Members referring agenda items to the City’s advisory bodies. The recommended amendments also provide guidelines limiting Council Member participation in meetings of advisory bodies to allow the advisory bodies to make independent recommendations to Council. Your consideration is appreciated. KENAI CITY COUNCIL JOINT WORK SESSION FY18 BUDGET APRIL 29, 2017 – 9:00 A.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR GABRIEL, PRESIDING http://www.kenai.city NOTES Council present: R. Molloy, B. Gabriel, H. Knackstedt, G. Pettey, J. Glendening, Others present: City Manager P. Ostrander, Finance Director T. Eubank, City Clerk S. Modigh, City Attorney S. Bloom, Public Works Director S. Wedemeyer, Parks & Recreation Director B. Frates, Senior Center Director R. Craig. Airport Director M. Baundarant, Police Chief D. Ross A. Call to Order Mayor Gabriel called the work session to order B. Public Comment June Harris spoke on behalf of the Historical Society and thanked Council for the financial support for the historical cabins and requested Council consider continuing the financial support in the amount of $4,000. Council thanked Mr. & Mrs. Harris for their efforts in keeping the cabins open and displaying Kenai artifacts. C. Introduction – Paul Ostrander, City Manager City Manager Ostrander advised that this year the budget was being presented slightly differently whereby the Finance Director Eubank recorded his budget presentation in advance to be uploaded to the website for residents to access. It was also noted that this is the first budget that the General Fund Policy would be implemented. D. Budget Overview Presentation – Terry Eubank, Finance Director Finance Director Eubank advised that the operational factors considered for the FY18 Budget were Cost of Living Adjustment (COLA) to City Salary Schedule of 0.80%, creation of the Employee Health Care Internal Service Fund and Public Employees Retirement System on behalf funding. Eubank reported that the FY18 benefit rate was calculated assuming a 12% premium increase and future premium increases assumptions will be at 10%. The employee cost share has been increased from 8.5% to 10% of the program costs. The Public Employees On-Behalf Funding level decreased on FY18 from 4.14% to 3.01% of covered payroll. KENAI CITY COUNCIL WORK SESSION APRIL 29, 2017 PAGE 2 The following revenue sources were highlighted: property tax, sales tax, state/federal funding, other, central admin fee, interest on investments and transfers in. The following expenditures were highlighted: • Personnel Changes o Salary Schedule Cost of Living Allowance o PERS On-Behalf Funding o Employee Health Care o Firefighter/EMT • Capital Expenditures o Animal Control Shelter improvements o Public Safety boiler replacement o Meeks Creek outflow culvert rehabilitation o Kenai Municipal Cemetery Expansion – Phase I Eubank reviewed the revenue and expenditures for the Airport Fund, Water & Sewer Fund, Senior Citizen Fund, Personal Use Fishery Fund, Congregate Housing Fund, and Employee Health Care Fund. Also reviewed were the Permanent Funds, Debt Service and Equipment Replacement Fund. Further details on items highlighted are available in the presentation that the Finance Director provided and will be retained as part of the meeting record and filed with the meeting summary. Finance Director advised that the water and sewer rate increases are based on a rate study in 2011. This is the last year that an increase would take place based on that study; however, moving forward annual increases will be based on the Cost of Living. It was noted that the land for the proposed cemetery expansion was not on Airport Land. It was reported that the City uses the state’s procurement contracts to purchase equipment or the City looks for used equipment for the Public Works Department. E. Administration - Council Discussion In the introduction the Mayor would like to see the “Council Manager” statement be further clarified and duties to be incorporated. It was noted that it was not the intent to have the City Manager’s Assistant position revised. It was requested to increase the assistant to the City Clerk from a part-time employee to a full-time position. The City Manager advised that he did not propose any revisions to personnel due to his short tenure and decrease in projected revenues. 1. General Fund KENAI CITY COUNCIL WORK SESSION APRIL 29, 2017 PAGE 3 No recommended amendments. a. Revenues No recommended amendments. b. Expenditures No recommended amendments. 1) Fire It was noted that Council was appreciative of the additional staff added. No recommended amendments. 2) Clerk Deputy Clerk from part-time to full-time and would like finance to provide a fiscal note on the increase. 3) Visitor’s Center No recommended amendments. 4) Legislative No recommended amendments. 5) Legal No recommended amendments. 6) City Manager No recommended amendments. 7) Finance No recommended amendments. 8) Land Administration No recommended amendments. 9) Non-Departmental Remove $800 from 5041 for the Wellness Committee. 10) Planning & Zoning No recommended amendments. KENAI CITY COUNCIL WORK SESSION APRIL 29, 2017 PAGE 4 11) Safety Revise the word “free” in the narrative. 12) Police It was noted that this was the third year that police vehicles had not been purchased. 13) Communications No recommended amendments. 14) Animal Control No recommended amendments. 15) Public Works Administration No recommended amendments. 16) Shop No recommended amendments. 17) Streets No recommended amendments. 18) Buildings No recommended amendments. 19) Street Lighting No recommended amendments. 20) Library Councilor Glendening noted that the computer and keyboards were warn and would like to see replacement. Eubank advised that most of those computers were provided via grant funding and it was not currently in the budget for replacement. 21) Recreation No recommended amendments. 22) Boating Facility KENAI CITY COUNCIL WORK SESSION APRIL 29, 2017 PAGE 5 No recommended amendments. 2. Personal Use Fishery Fund Finance Director Eubank noted that the drop off fee was effective. There was push back at the beginning of implementation, but negative comments has declined. It was advised that it was not the intent of Administration to create any additional parking for the fishery at this time, although ideas have been discussed. Noted it could be a lucrative business for a company to create a shuttle service. Advised the fishery app will be implemented this year. a. Revenues b. Expenditures 1) Public Safety 2) Streets 3) Parks & Recreation 4) Dock No recommended amendments. 3. Water & Sewer Fund a. Revenues b. Expenditures 1) Water 2) Sewer 3) Wastewater Treatment Plant No recommended amendments. 4. Airport Fund a. Revenues b. Expenditures 1) Terminal 2) Airfield 3) Administration 4) Other Buildings and Areas 5) Training Facility No recommended amendments. 5. Senior Citizen Fund a. Revenues b. Expenditures 1) Senior Citizen Access 2) Congregate Meals 3) Home Meals 4) Senior Transportation 5) Choice Waiver KENAI CITY COUNCIL WORK SESSION APRIL 29, 2017 PAGE 6 No recommended amendments. 6. Congregate Housing a. Revenues b. Expenditures No recommended amendments. 7. Employee Health Care Fund a. Revenues b. Expenditures No recommended amendments. 8. Permanent Funds a. Revenues b. Expenditures No recommended amendments. 9. Debt Service a. Revenues b. Expenditures No recommended amendments. 10. Equipment Replacement Fund a. Revenues b. Expenditures No recommended amendments. F. Additional Public Comment There was no one in attendance to provide public comment. G. Council Comments Council stated that they were impressed with the time and effort that Administration puts into the budget process and thanked Administration for the quality presentation and discussion. H. Adjournment The work session adjourned at 1:57 p.m. Notes prepared by: _______________________________ Sandra Modigh, CMC City Clerk KENAI CITY COUNCIL – REGULAR MEETING MAY 3, 2017 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on May 3, 2017, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Robert Molloy Henry Knackstedt Tim Navarre Jim Glendening Glenese Pettey Mike Boyle A quorum was present. Also in attendance were: **Mackenzie Lindeman, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy City Clerk 3. Agenda Approval Mayor Gabriel noted the following revisions to the agenda and packet: Add to Item D. 1. Ordinance No. 2945-2017 • Correspondence from Residents Add Item G.10. Ordinance No. 2957-2017 • Correspondence from Kenneth Tarbox • Maps MOTION: Council Member Molloy MOVED to approve the agenda with the requested additions to the packet and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. City of Kenai Council Meeting Page 2 of 9 May 3, 2017 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 Navarre SECONDED the motion. Mayor Gabriel 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. B. SCHEDULED PUBLIC COMMENTS 1. Bob McIntosh – Lawton Acres. Bob McIntosh provided an overview of the options that have been discussed and were available regarding Lawton Acres, to include selling, retaining, a land swap with the City, and an advisory vote. 2. Jill Schaefer – Introduction of the City of Kenai Representative on the Kenai Peninsula Borough Assembly. Jill Schaefer, Kenai Peninsula Borough Assembly Member, Provided an update on topics the Borough was considering, to include budget adoption schedule, preliminary school board budget, invocation lawsuit, and mil rate. C. UNSCHEDULED PUBLIC COMMENTS Stephen Greene explained that he owned property on Cannery Road, had answered an ad for trees to be used as stream bank reinforcement by offering juvenile trees to be transplanted from his commercial lot. Further explained the person seeking the trees cut them all down without the permission to be on his property for that purpose. D. PUBLIC HEARINGS 1. Ordinance No. 2945-2017 – Repealing and Re-Enacting Kenai Municipal Code Chapter 8.20-Fireworks Control, to Allow for the Limited Sale and Use of Certain Fireworks in the City. [Clerk’s Note: This Ordinance was postponed to the May 3, 2017 meeting for an additional public hearing to be held. A motion to enact is on the floor.] Mayor Gabriel opened the public hearing. City of Kenai Council Meeting Page 3 of 9 May 3, 2017 Scott Walden spoke against the ordinance noting beaches were popular for setting off fireworks and needed addressed; provided a reminder of bad fire seasons and a family which suffered a death and injuries when fireworks in their vehicle ignited all of which caused a fireworks ban in the borough; asked that those facts be considered in the decision along with the economic value. James Baisden, former Kenai Fire Department employee, current Fire Chief for Nikiski Fire Department spoke against the ordinance noting he understood what was trying to be accomplished but that injuries and fire safety were at issue and he was an advocate for fire safety; pointed out that the fireworks weren’t going to be used in just the month allowed and any investigations would reveal that the fireworks were purchased in the City of Kenai. Roy Browning, former Kenai Fire Department employee, current Fire Chief at Central Emergency Services in Soldotna, spoke against the ordinance advocating for injury prevention and fire safety. Suggested an out of control fire from fireworks was going to cost more than any revenue generated. Stephen Greene spoke against the ordinance noting the public safety element, price gouging, and supply and demand issues. There being no one else wishing to be heard, public comment was closed. It was pointed out that some dangers had been recognized and the ordinance allowed the Fire Chief to ban, if needed. Public safety issues, trash, being a good neighbor to surrounding communities, and veterans with PTSD were other topics discussed. VOTE: YEA: Knackstedt, Glendening NAY: Molloy, Gabriel, Boyle, Pettey, Navarre ** Student Representative Lindeman: NAY MOTION FAILED . 2. Ordinance No. 2947-2017 – Accepting and Appropriating Supplemental Nutrition, Transportation, and Support Services Grant Funding in the Senior Citizen Fund, for Fiscal Year 2017. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2947-2017 and the motion was SECONDED by Council Member Knackstedt. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre City of Kenai Council Meeting Page 4 of 9 May 3, 2017 NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2948-2017 – Accepting and Appropriating Funds Received from Kenai Senior Connection, Inc. for the Purchase of a Copier for the Kenai Senior Center. MOTION: Council Member Navarre MOVED to enact Ordinance No. 2948-2017 and the motion was SECONDED by Council Member Boyle. Mayor Gabriel opened the public hearing. Velda Geller, Council on Aging Chair, noted that at their March 17 meeting Senior Connection, Inc. was informed of the Senior Center’s need to replace their copier/printer/scanner which was an important piece of equipment to Senior Connections, Inc. and the Senior Center; explained the Board unanimously approved the donation as their bylaws stated that their purpose was to financially support the Senior Center. There being no one else wishing to be heard, public comment was closed. Kenai Senior Connections, Inc. was thanked for their donation. VOTE: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2949-2017 – Accepting and Appropriating Funds Forfeited to the Kenai Police Department. MOTION: Council Member Navarre MOVED to enact Ordinance No. 2949-2017. The motion was SECONDED by Council Member Knackstedt. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Page 5 of 9 May 3, 2017 5. Resolution No. 2017-19 – Approving a Memorandum of Understanding Among the Chugach National Forest 11-MU-11100400-121, the Kenai National Wildlife Refuge, the Alaska Department of Natural Resources, the City of Soldotna, Kenai Peninsula Borough, the City of Kenai and the Kenai Watershed Forum in Support of the Stream Watch Program. MOTION: Council Member Molloy MOVED to approve Resolution No. 2017-19 and the motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was clarified that the Memorandum of Understanding did not commit the City to expend funds and that there weren’t currently any projects taking place in the City; committed the City to working in cooperation with other agencies for stream bank protection. It was pointed out that the goal of the organization was to inform the public and help impart a respect for habitat and fisheries. VOTE: There being no objection; SO ORDERED. E. MINUTES 1.*Regular Meeting of April 19, 2017 Meeting minutes approved by the consent agenda. 2.*Special Meeting of April 25, 2017 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Liquor License Transfer of Ownership from Don Jose’s LLC, to the Mad Moose Bar & Grill, LLC. Approved by the consent agenda. 3. *Ordinance No. 2950-2017 – Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed Through the Alaska State Library for the Purpose of Funding a 10 Week Student Internship Position at the Kenai Community Library. Introduced by the consent agenda and public hearing set for May 17, 2017. City of Kenai Council Meeting Page 6 of 9 May 3, 2017 4. *Ordinance No. 2951-2017 – Amending Kenai Municipal Code Title 23 – Personnel Regulations, to Clarify the Performance Evaluation Rating Categories for Consistency with the City’s Performance Evaluation Form and Practices. Introduced by the consent agenda and public hearing set for May 17, 2017. 5. *Ordinance No. 2952-2017 – Accepting and Appropriating Additional Funds from the Federal Aviation Administration for the Small Taxiways and Aircraft Tie-Down Rehabilitation 2015-2016 Project. Introduced by the consent agenda and public hearing set for May 17, 2017. 6. *Ordinance No. 2953-2017 – Accepting and Appropriating Additional Funds from the Federal Aviation Administration for the 2016 Improved Airport Drainage Project. Introduced by the consent agenda and public hearing set for May 17, 2017. 7. *Ordinance No. 2954-2017 – Amending Kenai Municipal Code Chapter 10.30 – Record Retention, to Update and Clarify the Form, Operations, and Procedures Regarding the Public Records Management Schedule and Record Retention Policy, and Making other Housekeeping Changes. Introduced by the consent agenda and public hearing set for May 17, 2017. 8. *Ordinance No. 2955-2017 – Accepting and Appropriating a Grant from the Southern Region Emergency Medical Services (EMS) Council to Provide Staff Training. Introduced by the consent agenda and public hearing set for May 17, 2017. 9. *Ordinance No. 2956-2017 – Amending Kenai Municipal Code 13.30.080 – Operating a Vehicle in s Prohibited Area, and Associated Appendix II, to Allow for Limited Operation and Maintenance of the Existing Air Strip on a Portion of Tract B, Dragseth Subdivision 2016 Addition, According to the Official Plat Thereof, Filed Under Plat Number 2016-22, and a Portion of Government Lots 9-15 Inclusive, Section 7, Township 5 North, Range 11 West, and a Portion of the SE ¼ SE ¼ NE ¼, Section 7, Township 5 North, Range 11 West, Seward Meridian all Recorded in the Kenai Recording District, Third Judicial District, State of Alaska. Introduced by the consent agenda and public hearing set for May 17, 2017. 10. *Ordinance No. 2957-2017 – Authorizing the Sale of Tract A, Dragseth Subdivision 2016 Addition, According to the Official Plat Thereof, under Plat No. 2016-22, Filed in the Kenai Recording District, Third Judicial District, State of Alaska, Including all Improvements Thereon, to PRL Logistics Inc., and Providing the Sale Proceeds to the State of Alaska for Reimbursement into Grant No. 15-DC-078 for Use by the City to Continue Enhancing Access and other Related Improvements to the South Beach. Introduced by the consent agenda and public hearing set for May 17, 2017. City of Kenai Council Meeting Page 7 of 9 May 3, 2017 11. Action/Approval – Approving a Special Use Permit to United Parcel Service, Co., for Aircraft Parking. MOTION: Council Member Knackstedt MOVED to approve a Special Use Permit to United Parcel Service, Co. for Aircraft Parking and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Navarre. VOTE: There being no objection; SO ORDERED. 12. Action/Approval – Approving a Special Use Permit to United Parcel Service, Co., for Aircraft Parking. MOTION: Council Member Knackstedt MOVED to approve a Special Use Permit to Empire Airlines, Inc., for Aircraft Parking and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Navarre. VOTE: There being no objection; SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – Next meeting cancelled. 2. Airport Commission – Reviewed the May 11 agenda. 3. Harbor Commission – It was reported that the Commission Chair had resigned; she was thanked for her service; next meeting May 8. 4. Parks and Recreation Commission – Reviewed the May 4 agenda. 5. Planning and Zoning Commission – It was reported that on April 26 the Commission approved an encroachment permit; next meeting May 10. 6. Beautification Committee – No Report; next meeting May 9. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Met with City Officials and Senator Murkowski regarding the BEACON building; • Noted the ongoing BP Teacher’s of Excellence Awards; • Attended a boy scouts meeting and spoke about archery; • Delivered a proclamation declaring the Month of May, “Poppy Month,” for the American Legion; • Noted the Employee Appreciation Dinner on May 19. City of Kenai Council Meeting Page 8 of 9 May 3, 2017 J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Attended a Parks & Recreation staff meeting; • Toured City facilities with the Public Works Director; • Met with Fish & Game regarding the Personal Use Fishery and a Silver Salmon Derby; positive response; • Meeting with residents in VIP subdivision regarding a reported commercial fishing business and ensuring code compliance; • Corps of Engineers still finalizing Bluff Erosion Project. 2. City Attorney – No Report. 3. City Clerk – S. Modigh reported Council Member Glendening resigned from the Kenai Peninsula Borough Planning Commission; provided a reminder for upcoming meetings. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Councilor Knackstedt expressed gratitude to those that spoke about the fireworks ordinance and challenged other councilors to develop revenue-producing legislation. Council Member Boyle thanked Commissioner Thornton for her service to the community. Student Representative Lindeman reported that graduation ceremonies were on May 24; provided an update on upcoming sporting events and concerts; attended a Kenai Rotary Luncheon recognizing the students of the month; noted May 17 was her last meeting. Council Member Glendening attended the 150-year conference noting it was enlightening and built on themes from 1974. Council Member Pettey thanked the members of the community for their input on the fireworks ordinance; also thanked McIntosh and Schaeffer for their presentations. L. EXECUTIVE SESSION - Review and Discussion of the City Clerk’s Evaluation and Negotiation of the City Clerk’s Employment Agreement, matters which may be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk and of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS 44.62.310(C)(1)(2)]. MOTION: Council Member Molloy MOVED to convene in executive session to discuss the City Clerk’s Evaluation and Negotiation of the City Clerk’s Employment Agreement, matters which may be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk and of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS City of Kenai Council Meeting Page 9 of 9 May 3, 2017 44.62.310(C)(1)(2)] and requested the Attorney and Human Resources be available as needed and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in regular session and it was requested that the City Clerk’s evaluation and employment agreement be added to the next meeting agenda. 1. Action/Approval – Approving an Employment Agreement between the City of Kenai and City Clerk Sandra Modigh. [Clerk’s Note: This action will take place in open session.] [Clerk’s Note: This item was not taken up.] M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:42 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of May 3, 2017. _____________________________ Sandra Modigh, CMC City Clerk **The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIF ICATION COUNCIL MEETING OF: MAY 17, 2017 VENDOR DESCRIPTION PERS PERS HOMER ELECTRIC ELECTRIC USAGE INVESTMENTS VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 89,317.34 VARIOUS UTILITIES 109,932.36 MATURITY DATE AMOUNT Effect. Int. MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: FROM: Jamie Heinz, Deputy City Clerk DATE: May 5, 2017 SUBJECT: Liquor License Renewal The following establishment has submitted an application to the Alcoholic Beverage Control Board for renewal of their liquor license: • Carr-Gottstein Foods Co. D/B/A Oaken Keg #1808 Pursuant to KMC 2.40, a review of City accounts has been completed on the applicant and the applicant has satisf ied all obligations to the City. With the approval of Council, a letter of non- objection to renewing of the liquor licenses will be forwarded to the ABC Board and the applicant. Your consideration is appreciated. Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 March 14, 2017 City of Kenai Attn: Jamie Heinz, Deputy City Clerk VIA Email: jheinz@kenai.city smodigh@kenai.city Cc: joanne@borough.kenai.ak.us jblankenship@borough.kenai.ak.us kring@borough.kenai.ak.us Re: Notice of 2017/2018 Liquor License Renewal Application License Type: Package Store License Number: 3218 Licensee: Carr-Gottstein Foods Co. Doing Business As: Oaken Keg #1808 We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Jedediah Smith, Local Government Specialist amco.localgovernmentonly@alaska.gov JOHNI BLANKENSHIP, MMC BOROUGH CLERK April 7, 2017 Ms. Sarah Daulton Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 West 7th Ave, Suite 1600 Anchorage, AK 99501 RE: Non‐Objection of License Renewal Business Name : Oaken Keg #1808 License Type : Package Store License Location : City of Kenai License No. : 3218 Dear Sarah, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please do not hesitate to contact our office. Sincerely, Johni Blankenship, MMC Borough Clerk cc: Applicant City of Kenai KPB Finance Department File KENAI PENINSULA BOROUGH 144 North Binkley Street ● Soldotna, Alaska 99669-7520 PHONE: (907) 714-2160 ● FAX: (907) 714-2388 Toll-free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@kpb.us New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Council Member’s Knackstedt and Glendening CITY OF KENAI ORDINANCE NO. 2960-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 14.25.015-LANDSCAPING/SITE PLAN FOR LAND CLEARING, AND KENAI MUNICIPAL CODE 14.25.020-APPLICATION, TO PROHIBIT LAND CLEARING OF MORE THAN TWENTY PERCENT OF A PARCEL WITHOUT AN APPROVED LANDSCAPING/SITE PLAN. WHEREAS, Kenai Municipal Code Chapter 14.25–Landscaping/Site Plan Regulations, regulates landscaping and site plan requirements in the City; and, WHEREAS, landscaping plans provide for landscaping and/or the retention of natural vegetation for commercial, industrial and multifamily development, to enhance the community environment and visual character, and to provide attractive and functional separation, providing visual and sound screening between uses, and reducing erosion and storm runoff; and, WHEREAS, site plans provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and support the establishment of adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas; and, WHEREAS, amendments to KMC Chapter 14.25 are needed to ensure that landscaping and site plans are approved prior to land clearing that will result in removal of more than 20% of existing trees, shrubs or natural vegetation even when no building permit is requested or required, in order to prohibit land clearing in a manner that conflicts with the purpose and intent of landscaping and site plans; and, WHEREAS, while a more comprehensive review of KMC Chapter 14.25 is being conducted by the Planning and Zoning Commission, as well as other City commissions, this Ordinance is needed at this time to prohibit land clearing without a landscape/site plan during this construction season. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 14.25.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.015 – Landscaping/site plan for land clearing, is hereby amended as follows: 14.25.015 Landscaping/[S]Site [P]Plan for [L]Land [C]Clearing. For property covered under this chapter, submittal of a preliminary landscaping/site plan and approval by the administrative official is required prior to any land clearing and/or tree cutting where such land clearing and/or tree cutting [REMOVAL] will result in removal of [LESS] more Ordinance No. *-2017 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] than [TWENTY-FIVE PERCENT (25%)] twenty percent of the lot’s [AREA HAVING] existing trees, shrubs, or natural vegetation cover as determined by the administrative official. Section 3. Amendment of Section 14.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.25.020 – Application, is hereby amended as follows: 14.25.020 Application. This chapter shall apply to all retention basins and commercial, industrial and multifamily development within the City of Kenai and shall apply to both the landscaping and site plans. “Commercial, industrial and multifamily development” and “all development” shall be defined as any land clearing and/or tree cutting resulting in removal of more than twenty percent of the lot’s existing trees, shrubs, or natural vegetation cover as determined by the administrative official or improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage, and is: (1) located on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL) and Education (ED) zoning districts; or (2) a multifamily development in any zone; or (3) a change of use as required in KMC 14.20.250(a). It is unlawful for any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities on property requiring a landscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Properties zoned residential (except multifamily dwellings) are exempt from this chapter with the following exception: (1) structures identified as a commercial occupancy in Title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage or a change of use as required in KMC 14.20.250(a). Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of June, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: May 17, 2017 Enacted: June 7, 2017 Effective: July 7, 2017 Sponsored by: Admin istration CITY OF KENAI ORDINANCE NO. 2961-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30 , 2018 AND COMMITTING $1 ,000,000 OF GENERAL FUND, FUND BALANCE FOR CAPITAL IMPROVEMENTS. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska , that the City Council , not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed; and , WHEREAS , committed fund balance represents resources whose use is constrained by limitations that Council imposes upon itself at its highest level of decision making, an Ordinance, and that remain binding unless removed in the same manner; and , WHEREAS , in recognition of deferred and ongoing maintenance needs of City facilities, Council commits $1,000,000 for future renovation and improvements to City facilities . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows: Section 1. Form: That this is a non-code ordinance. Section 2. That certain document entitled "City of Kenai Fiscal Year 2018 Annual Budget" wh ich is available for examination by the publ ic in the Office of the City Clerk, the City 's website and is incorporated herein by reference is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1 , 2017 and ending June 30, 2018. Section 3. The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2017, and ending the 30th day of June, 2018, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund Enterprise/Internal Service Funds: Congregate Housing Fund Employee Health Care Fund Total Enterprise/Internal Service Funds Special Revenue Funds: Personal Use Fishery Fund Water & Sewer Fund $15,536 ,722 452, 133 2. 143.283 2 ,595,416 512, 127 2,453,479 New Text Und erlin ed ; [DELETED TEXT BRACKETED] Ordinance No . 2961-2017 Page 2 of 2 Airport Fund Senior Citizen Fund Airport Land Sale Permanent Fund General Land Sale Permanent Fund Total Special Revenue Funds Debt Service Fund -Library Expansion Bonds Total All Funds 2 ,885 ,399 959,554 1,191,711 150,993 8, 153,263 176,998 $26.462.399 Section 4 . Council herby commits $1,000 ,000 of Unassigned General Fund, Fund Balance for future renovation and improvements to City facilities . 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 1.15.0?0(f), this ordinance shall take effect July 1 , 2017 . ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of June , 2017. ATTEST: Sandra Modigh, City Clerk App roved by Finance : ~ BRIAN GABRIEL SR., MAYOR Introduced : May 17, 2017 Enacted: June 7, 2017 Effective: July 1, 2017 New Text Underlined; [DELETED TEXT BRACKETED] 'Vtfl~ «1/t/r, a Pa&'~ Ot'tj «1/t/r, a f°attl.l"e" 210 Fidalgo Ave. Kenai, Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www. kenai. city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager y .o · Terry Eubank , Finance Director // May 10, 2017 Ordinance 2961-2017 to adopt the FY18 Budget The purpose of this memo is to summarize the changes that have been proposed to the FY18 Budget since disbursement of the draft document on April 2"d, and to communicate the result of these changes on each of the City's o perating funds . The following are the Administration 's recommended changes that have been incorporated into the draft budget and appropriating ordinance . New summary pages for the all funds, after incorporating the changes, are attached for your review. Revenues: Administration Recommended Amendments: General Fund -PERS On-behalf funding resulting from Airport/Street Operator staffing changes Personal Use Fishery Fund • PERS On-behalf funding resulting from Airport/Street Operator staffing changes Airport Fund -PERS On-behalf funding resulting from Airport/Street Operato r staffing changes Senior Citizen Fund -Transfer from General Fund resulting from increase in insurance renewal premiums ($632) ($18) $542 $1,668 Page 2 of 5 Ordinance 2961-2017 Expenditure Changes: Administration Recommended Amendments: 1. Decrease Street Department staffing by one Equipment Operator, eliminate the annual five month transfer to the Airport of two Equipment Operator's , and increase the Airport staffing by one Fulltime equipment Operator. General Fund: Non-Departmental -PERS Streets -Salaries Streets -Overtime Streets -Leave Streets -Medicare Streets -PERS Streets -Unemployment Insurance Streets -Workers' Compensation Streets -Health & Life Insurance Streets -Supplemental Retirement Personal Use Fishery Fund : Streets -Salaries Streets -Overtime Streets -Leave Streets -Medicare Streets -PERS Streets -Unemployment Insurance Streets -Workers' Compensation Dock -Salaries Dock -Overtime Dock -Leave Dock -Medicare Dock-PERS Dock -Unemployment Insurance Dock -Workers ' Compensation Airport Fund: Airfield -Salaries Airfield -Overtime Airfield -Leave Airfield -Medicare Airfield -PERS Airfield -Unemployment Insurance Airfield -Workers ' Compensation Airfield -Health & Life Insurance Airfield -Supplemental Retirement $ (632) (16,468) (4,496) (1 ,509) (326) (4,612) (112) (885) (3 ,575) (192) $(32.807) (171) (54) (48) (4) (60) ( 1) (12) (249) (108) (71) (7) (94) (3) _um $!2QQ) 17,393 625 1,629 285 4,506 98 602 3,574 300 $29.012 Page 3 of 5 Ordinance 2961-2017 Net of projected lapse and the change in PERS On-behalf funding in each fund , t he increase (decrease) in each fund 's projected surp lus (defic it) for this staffing change is as follows : General Fund Personal Use Fishery Fund Airport Fund $30 ,535 843 (26, 729) $ 4.649 2 . City General Liability , Property , Auto, and Equipment coverage renewal amounts in e xcess of budgeted amounts. The City signed a three year commitment with its insurance carrier, Alaska Public Entity Insurance (APEi ), for policy years commencing July 1, 2016 and ending June 30 , 2019 in exchange for an annual premium discount of 5%. The agreement would terminate should the renewal premium increase by more than 10% over the preceding year's premium . This year's renewal is an increase of 7% of the FY17 premium and is a result of negative pool liability and property claims e xperience . APEi is an insurance pool with many members besides the City and while the benefits of pooling is the shar ing of risk , sometimes the claims of other pool members can negatively impact other members . The administration will monitor the City's participation in the pool and make sure continued participation is in the City 's best interest. General Fund: Non-Departmental -Insurance Non-Departmental -Transfer to Sen ior Citizen Fund Personal Use Fishery Fund: Public Safety -Insurance Streets -Insurance Parks , Rec reation & Beautification -Insuran ce Dock -Insurance Airport Fund: Terminal -Insurance Airfield -Insurance Adm inistration -Insurance Congregate Housing Fund -Insurance Water & Sewer Fund: Water -Insurance Sewer -Insurance Waste Water Treatment Plant -Insurance $21 ,369 1.668 $23.037 $230 20 142 48 $440 $1 ,372 3 ,919 248 $.5..fil.9 $2 ,211 $1 ,981 320 2 .777 $5..Ql8 Page 4 of 5 Ordinance 2961-2017 Senior Citizen Fund: Senior Access -Insurance Congregate Meals -Insurance Home Meals -Insurance Transportation -Insurance Choice Waiver -In su rance $ 263 275 97 691 394 $1.720 Net of projected lapse in each fund, the (decrease) in each fund 's projected surplus (deficit) for the increase in insurance costs is as follows: General Fund Personal Use Fishery Fund Airport Fund Congregate Housing Fund Water & Sewer Fund Senior Citizen Fund (Includes $1 ,668 in additional funding from the City 's General Fund) $(21 ,969) (424) (5,207) (2,211) (4,773) $(34.584) The total change in projected surplus (deficit) from these changes is as follows: General Fund Budget Draft Projected Deficit Street/Airport Equipment Operator staffing change Insurance renewal increase Projected FY2018 Deficit Personal Use Fishery Fund Budget Draft Projected Surplus Street/Airport Equipment Operator staffing change Insurance renewal increase Proj ected FY2018 Deficit Airport Fund Budget Draft Projected Surplus Street/Airport Equipment Operator staffing change Insurance renewal increase Projected FY2018 Deficit Congregate Housing Fund Budget Draft Projected Loss Insurance renewal increase Projected FY2018 Deficit Water & Sewer Fund Budget Draft Projected Surplus Insurance renewal increase Projected FY2018 Deficit $(125,603) 30,535 (21,969) $(117.037) $83,997 843 (424) $84.416 $445 ,580 (26 ,729) (5,207) $413.644 $(56,385) (2,211) $(58.596) $620,485 (4,773) $615,712 Page 5 of 5 Ordinance 2961-2017 Senior Citizen Fund Budget Draft Projected Surplus Insurance renewal increase Projected FY2018 Deficit $ - $ - These are the only two proposed amendments to the April 2, 2017 Draft City Budget which have been included in proposed budget adoption ordinance . Your support for passage of the budget adoption ordinance is respectfully requested . attachments City of Kenai Fiscal Year 2018 Operating Budget General Fund Budget Projection Original Actual Actual Budget Projection Proposed Proj ection Projection FY2015 FY2016 FY2017 FY2017 FY2018 FY2019 FY2020 TAXABLE VALUES (OOO'S) $ 828,385 $ 851 ,638 $ 866,235 $ 868 ,724 $ 876,530 $ 899, 157 $ 922,646 MILL RATE 4 .35 4 .35 4 .35 4 .35 4 .35 4 .35 4 .35 REVENUES Property & Sales Taxes Property Tax 3,656 ,927 3,782 ,539 3,810,759 3,902,208 3,874,650 3 ,983, 106 4 ,083,240 Sales Tax 7 ,257,451 7,247,938 7,329,099 6 ,936,040 6,934,917 7 ,038,941 7,214,720 Tota l Property & Sales Taxes 10 ,914 ,378 11 ,030,477 11, 139,858 10,838,248 10,809,567 11 ,022 ,047 11 ,297 ,960 State/Federal Revenue: PERS Funding 2,977,564 379,467 281,404 282 ,952 204,235 210,362 216,673 Community Assistance 441 ,046 415 ,7 98 277 ,930 278 ,232 170 ,598 129 ,651 63,946 Fish Tax 292,718 198,649 200,000 165,000 165,000 169,950 175,049 Other 81 058 155,849 58 000 66 150 58 ,000 60,900 63 945 T otal State/Federal Re venue 3,792,386 1 149 763 817 334 792,334 597,833 570,863 519,613 Other Re ve nue Lice nses and Permits 71 ,973 62 ,629 76,500 63,000 63,500 65,405 67,367 Ambulance Fees 412 ,509 408,558 400,000 425,000 425,000 437,750 450,883 Interest 56,992 76 ,212 75 ,000 90,000 100,000 151 ,477 291,986 Other 636,453 587,224 644 805 626,374 605,895 513 347 528,747 Tota l Other Revenue 1 177 927 1, 134,623 1, 196,305 1,204,374 1, 194,395 1,167,979 1,338,983 Total Revenues 15,884,691 13,314,863 13 153 497 12,834,956 12 .601,795 12,760,889 13, 156,556 Transfer From Other Funds Charges to other fun ds 1,505,886 1,458,900 1,494,200 1,494,200 1,492,400 1,537 , 172 1,583,287 Capital Projects I Special Revenue 11 124,303 Enterprise 36,900 38 ,300 34 ,000 34 ,000 439,000 40,170 41 ,375 Trust Fund 14 7 093 148 009 149,802 150,993 150,993 150,993 Total Transfers 1,689 ,890 1,497,200 1,676,209 1,802,305 2,082,393 1,728,335 1,775,655 Total Revenues and Transfers 17,57 4 ,581 14,812,063 14,829,706 14,637,261 14,684,188 14,489,224 14,932,2 11 EXPE NDITURES/APPROPRIATIONS General Government 5,357,342 2,865,713 3,013,609 3,11 3,122 2,909,709 2 ,969,945 3,029 ,344 Public Safety 6 ,876,330 6 ,987 ,609 7 ,28 4 ,438 7 ,288,580 7 ,299,722 7 ,445,716 7 ,616,967 Public Works 2 ,269,516 2,251 ,812 2 ,381 ,685 2,395,685 2 ,375 ,314 2 ,422 ,820 2 ,47 1,276 Pa rks, Recrea tion & C ultural 1 91 1 792 1,993,809 2 156 949 2,172,679 2, 125, 189 2, 167,693 2,211,047 Total Operating Ex penditures 16,414,980 14 ,098,943 14,836,681 14 ,970,066 14,709,934 15 ,006,174 15,328 ,634 Transfers or Non-Operating 670 394 686,253 583 ,299 618 ,299 826,788 598,952 609.421 Total Expenditures/Appropriat ions 17,085,374 14 ,785 , 196 15,419,980 15,58 8 ,365 15,536,722 15,605,126 15,938,055 Tota l Surplus (Deficit) 489,207 26,867 (590,27 4 ) (951 , 104) (852,534 ) (1, 115,902 ) (1,005,844) Projected Lapse -5% 741 834 748 503 735 497 750,309 766,432 Adjusted Surplus (D eficit) 489,207 26 ,867 151,560 (202 ,601) (117 ,037 ) (365,593) (239,4 12) Beginning Fund Balance 9,902,026 10,39 1,233 9 ,830,242 10,418,100 10,215,499 10 ,098,462 9 ,732,869 Ending Fund Bal ance 10 ,391 ,233 10,418,100 9 ,98 1,802 10,215,499 10,098,462 9 ,732,869 9,493 ,457 Restricted (546,706) (588,937) (618,7 06) (618,706) (624 ,937) (660,937) (696,937) Committed (409,746) (409,746) (509,7 46 ) (6 ,651,471) (6,850,913) (6,886,067) (6,632,045) Assigned (1,497,7 56) (1,4 09 ,6 10) ( 1, 776,805) (2,370, 141) (2,378,978) (2, 185,865) (2, 164 ,475) Unassigned Fund Balan ce $ 7,937 ,025 $8,009,807 $ 7 ,076,545 $ 575,181 $ 243,634 $ $ City of Kenai Fisc al Yea r 2018 Oper ating Budget Budget Projection Fund : 006 -Pe rso nal Use Fishery Fund Or iginal Manage r A c tual Actu al Budget Pr oj ection Pr oposed FY 2015 FY2016 F Y2 017 FY2 017 FY2 018 Revenues PERS Grant $ 17,437 $ 2 ,167 $ 1,986 $ 3,020 $ 2 ,312 Usage Fees Beach Parking 219,705 182 ,739 180,350 182,854 183,000 Beach Camping 199,203 230 ,729 227,650 238,752 239 ,000 Dock Launch & Park 100,970 133,181 131 ,700 128,388 130,000 Dock Parking Only 15,86 8 15,238 15,000 14,807 15,000 Part ici pant Drop-off Fee 28 ,950 10 ,717 11 ,000 Total Usage Fees 535,74 6 561,887 583 ,650 575 ,518 578 ,000 Miscellaneous Revenues Investment earnings 680 1 ,580 750 750 750 Other {3,235) (6,888) (3,500) (4,500) {4,500) T otal Miscellaneous Revenues (2,555) (5,308) (2,750) (3 ,750) (3 ,750) Total Revenue 550,628 558 ,746 582,886 574 ,788 576 ,562 Ex penditures Public S afety 122,473 113,943 111 ,599 128,999 109, 195 Streets 54,632 34 ,116 49,258 48,013 51,506 Boating Facility 90,410 71 ,417 72,417 79,718 72,347 Parks , Recreatio n & Beautification 244,5 14 266,996 346,935 332,531 279,079 Total Expenditures 512 ,029 486,472 580 ,209 589 ,261 512,127 Co ntribution To/(F rom) Fund Balance: 38,599 72,274 2,677 (14,473) 64,435 Projected Lapse 23, 150 23,603 19,981 Adjusted (Defici t)/Surplus 38,599 72,274 25,827 9,130 84,416 Beginning Fund Balance 29,063 6 7,662 124,188 139,936 149,066 Ending Fund Balance $ 67,662 $ 139,936 $ 150,015 $ 149,066 $ 233,482 City of Kenai Fiscal Year 2018 Operating Budget Budget Projection Fu nd: 008 -Airport Fund Original Manager Actual Actual Budget Projection Proposed FY2015 FY2016 FY2017 FY2017 FY2018 Revenues State & Federal Grants $ 225 ,082 $ 30 ,048 $ 30,961 $ 28,461 $ 23 ,552 Usage Fees Fuel Sales 9 ,300 1,372 10 ,000 10,000 10 ,000 Fue l Flowage 37,546 27,772 35 ,000 35 ,000 35 ,000 Float Plane 1,331 812 1,500 1,500 1,500 Tie Dow n 7,602 5 ,576 10,000 7 ,500 7,500 Landing 369 ,824 418 ,644 375,000 475 ,000 375,000 Plane Parking 5 ,128 5 ,526 5 ,000 5,000 5,000 Total Usage Fees 430,731 459,702 436,500 534,000 434,000 Rents and Leases Land 674 ,609 687 ,256 698,755 698,755 650 ,117 Tota l Rents and Leases 674 ,609 687 ,256 698,755 698,755 650 ,117 Miscellaneous Pena lty and Interest 18,378 5 ,886 15 ,000 15,000 5,000 Interest on Investments 22 ,445 33,213 25 ,000 25,000 25 ,000 Other 40,042 9 ,627 25 ,000 26 ,200 25,000 Total Miscellaneous 80,865 48 ,726 65 ,000 66 ,200 55,000 Terminal Revenue Parking Fees 272 ,698 261 ,036 300 ,000 300 ,000 300 ,000 Rents and Leases 300,807 283 ,525 310,127 310,127 317,723 Penalty and Interest 3 ,058 1,957 4 ,500 4,500 4 ,500 Car Rental Commissions 193 ,011 226,130 195,000 195,000 195 ,000 Advert is ing Comm issions 4 ,852 10 ,315 6 ,000 9 ,000 9 ,000 Miscellaneous 3,468 608 1,500 1,500 1,500 Tota l Term inal Revenue 777 ,894 783,571 817,127 820, 127 827,723 T ra nsfers In Airport Land Trust Fund 1, 135,313 1,142 ,714 1,184,356 1,175,414 1,191 ,711 Total Transfers In 1, 135,313 1,142 ,714 1, 184 ,356 1,175,414 1,191 ,711 Total Re venues 3,324 ,494 3 ,152 ,017 3 ,232 ,699 3 ,322 ,957 3 ,182,10 3 Expen ditur es Airport Term inal 623 ,320 548 ,308 630 ,953 628, 150 645 ,425 Airport Ai rfie ld 1,705 ,814 1,522 ,298 1,710,321 1,708 ,674 1,697 ,523 Ai rport Admi ni strat io n 348 ,841 287 ,087 315 ,259 431,210 336 ,914 Ai rport Other Buildings an d Areas 388 ,777 313 ,741 169,654 241,380 167 ,211 Ai rport Training Facility 34 ,011 32 ,620 36 ,768 42 ,017 38 ,326 Total Ex penditures 3 ,100,763 2 ,704,054 2,862,955 3 ,05 1,431 2,885 ,399 Contribution To /(From) Fund Balance : 223,731 447,963 369,744 271,526 296,704 Proj ected Lapse (6%) 115 ,347 119,455 116,940 Adjusted (Deficit)/Surplus Beginning Fund Balance Ending Fund Balance City of Kenai Fiscal Year 2018 Operating Budget $ Budget Projection Fund: 008 -Airport Fund Actual Actual FY2015 FY2016 4,010,808 4,234 ,539 4 ,234,539 $ 4,682 ,502 Original Budget FY2017 485 ,091 4 ,558,150 $ 5 ,043,241 Manager Projection Proposed FY2017 FY2018 390,981 413 ,644 4,682,502 5,073,483 $ 5 ,073,483 $ 5,487,127 Revenues P ER S Grant Rents a nd Leases Int erest on In vest ments Transfe r f ro m General Fund Miscell a neous Total Revenues Expenses N et Incom e (loss) Beginning Retai ned Ea rn ings Capita l Asset Acqu ist ions A llocated to Capita l Projects Credit for Depreciatio n Available Retained Earnings City of Kenai Fiscal Year 2018 Operating Budget Budget Projection Fund : 009 -Congregate Housing Fund $ $ A ctual FY2015 16,482 36 5,4 30 2 ,533 20 384,465 454,4 29 (69,964 ) 469,418 (1 16,826) 136, 137 418,765 $ $ Actual FY2016 2,077 382,253 3,88 0 77 388,287 425,986 (37,699) 41 8,765 (46 ,666) 139 ,857 474,257 $ $ Original Budget FY2017 1 ,627 382 ,414 3,000 387,041 460,619 (73,5 78) 417,601 136 , 137 480, 160 $ $ Projection FY2017 1,627 39 3,414 3,0 00 398,041 51 1,993 (1 13,952) 4 74 ,257 136,137 496,442 $ $ Manager Proposed FY2018 1, 192 388,34 5 4,00 0 393,537 452 , 133 (58,596) 496,442 139,857 577,703 City of Kenai Fiscal Year 2018 Operating Budget Budget Projection Fund: 010 -Water and Sewer Fund Original Manager Actual Actual Budg et Projection Proposed FY2015 FY2016 FY2017 FY2017 FY2018 Revenues PERS Grant $ 255 ,777 $ 30,836 $ 24,255 $ 24 ,255 $ 17,228 Usage Fees Service Hook-up 9 ,827 4,001 8,630 3,927 3,929 Residential Water 654 ,383 716,095 764,901 797 ,286 832 ,278 Commercial Water 256 ,492 283, 168 335,420 335 ,420 350 ,141 Residential Sewer 1, 109, 172 1,136 ,029 1, 154,566 1,178,610 1, 182,298 Commercial Sewer 411 ,520 430 ,949 4 93,264 493,264 494,807 Total Usage Fees 2 ,441 ,394 2,570,242 2 ,756 ,781 2 ,808 ,507 2,863,453 Miscellaneous Revenues Penalty and Interest 41 ,987 39,679 40,000 43,235 43,250 Interest Earnings 8,391 10 ,896 12,000 12 ,000 16 ,000 Other 2,207 2,812 3 ,000 3 ,000 3,000 Total Miscellaneous Revenues 52,585 53,387 55,000 58,235 62,250 Total Revenues 2 ,749,756 2,654,465 2,836,036 2,890 ,997 2,942 ,931 Expenditures Water Department 1,157,685 829,080 880,772 900,427 864,277 Sewer Department 478 ,031 384,963 450,651 805,388 513,830 Wastewater Treatment Plant Department 1,074,016 923,883 1,121 ,757 1,1 2 1,7 57 1,075,372 Total Expenditures 2,709,732 2,137,926 2,453,180 2,827,572 2,453,479 Contribution To/(From) Fund Balance : 40 ,024 516,539 382,856 63,425 489,452 Projected Lapse (6%) 129,479 130,715 126 ,260 Adjusted (Deficit)/Surplu s 512,335 194 ,140 615,712 Beginning Fund Balance 1,148 ,989 1,189,013 1,614,533 1,705,552 1,899 ,692 Ending Fund Balan ce $ 1,189 ,013 $ 1,705,552 $ 2,126,868 $ 1,899 ,692 $ 2,515,404 City of Kenai Fiscal Year 2018 Operating Budget Budget Projection Fund : 019 -Senior Citizen Fund Original Manager Actual Actual Budget Proje ction Proposed FY2015 FY2016 FY2017 FY2017 FY2018 Revenues State Grants $ 295,773 $ 196 ,9 78 $ 192,939 $ 200,939 $ 198,299 USDA Grant 13,949 15,780 13,000 15,000 15,000 Choice Waiver 322,826 252,604 275,000 225,000 225,000 KPB Grant 126,207 126,207 126,207 126,207 126 ,207 United Way 8,762 9,582 9,582 5,977 5,977 Rents and Leases 5,660 12 ,971 13,000 13,000 13,000 Donations 33,323 23,497 31,000 30,000 80,000 Meal Donations 54,428 61,066 66,500 75 ,000 75,000 Transfer from General Fund 88 ,339 151,385 205,160 196,730 Other 316 {621) 300 300 300 Total Revenue 861,244 786,403 878,913 896,583 935,513 Expenditures Sen io r Citizen Access 207 ,975 175 ,262 163,881 164,631 166,319 Congregate Meals 192,265 179,434 223,133 228,533 236 ,396 Home Meals 163,31 4 148 ,048 175,274 179,374 195,103 Senior Transportation 64,289 108,562 67,689 68,439 80,523 Choice Wa iver 336.4 44 331,888 27 1,749 279,249 281 ,2 13 Total Expenditures 964,287 943,194 901,726 920,226 959,554 Contribut ion To/(From) F und Balance: (103,043) (156,791) (2 2 ,813) (23,643) (24 ,041) Projected Lapse (3%) 22,813 23,368 24,041 Adjusted (Deficit)/Su rplus (103,043) (156,79 1) (275) Beginning Fund Balance 260, 109 157 ,066 275 Ending Fund Balance $ 157,066 $ 275 $ -$ -$ 1Vtff ap a1/t~ a PacS'~ ft'tt a1/t~ a Fat~ " 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Terry Eubank, Finance Director 1/. May 9, 2017 SUBJECT: FY2018 Budget Request for Information -Fulltime Deputy Clerk The purpose of this memo is to respond to Council's request for the fiscal impact of increasing the City's Deputy Clerk position to fulltime status from its current 24-hour per week part-time schedule. The fiscal impact by account would be as follows: Expenditure Increases : City Clerk -Salaries City Clerk -Leave City Clerk -Medicare City Clerk -PERS City Clerk -Unemployment Insurance City Clerk -Workers ' Compensation City Clerk -Health Insurance Non-Departmental -PERS Total Expenditure Increases Revenue Increases - PERS On-behalf Funding FY2018 Budgetary Impact $20, 100 523 299 4,422 103 78 8,937 605 $35,067 $ 605 $34.462 If the Deputy Clerk was increased to a fulltime position , projections show the FY2020 use of fund balance to be $36,699 after elimination of proposed $250,000 one-time capital expenditures. The policy limits the use of fund balance for operational expenditures to a period of not more than two years with the third budget year showing sufficient revenues to support operational expenditures. This scenario will require identification of a supplemental revenues source or elimination of other operational expenditures to comply with the City's fund balance policy. Sponsored by : Administration CITY OF KENAI ORDINANCE NO. 2962-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING THE KENAI MUNICIPAL CODE , TITLE 23, "PERSONNEL REGULATIONS," CHAPTER 23.55 FISCAL YEAR 2018 OPERATING BUDGET SALARY SCHEDULE . WHEREAS , the FY2018 Budget includes a 0 .80% increase to the City 's Salary Schedule ; and , WHEREAS , the 0.80 % increase is the combined changed in the Anchorage Consumer Price Index, second half over second half, for 2015 and 2016; and , WHEREAS , the pay increase will go into effect beginn ing July 1, 2017, corresponding to the start of FY2018 . NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Section 1. Form : That this is a code ordinance . Section 2. Amendment of Section 23 .55 of the Kenai MuniciQal Code entitled Fiscal Year 2017 OQerating Budget Salary Schedule: The Kenai Municipal Code, Section 23.55 Fiscal Year 2017 Ope rating Budget Salary Schedule is hereby amended as follows : FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR ALL CLASSIFIED EMPLOYEES EXCLUDING THOSE ENGAGED IN FIRE PROTECTION ACTIVITIES R ange A B c D E F AA BB cc Step 10 .27 10 .53 10 .78 11 .04 11 .3 0 11 .55 11.81 12 .07 12 .32 1 .1 10 .78 11 .05 11.32 11 .59 11.86 12.13 12.40 12.67 12.94 2 11.47 11 .76 12.04 12.33 12.62 12 .90 13.19 13.48 13.76 2.1 12.08 12.38 12.68 12 .9 9 13.29 13 .59 13.89 14.19 14.5 0 2 .2 12.76 13.08 13 .40 13.7 2 14 .04 14.36 14 .67 14.99 15.31 2.3 13.41 13.75 14.08 14.42 14 .75 15.09 15.42 15.76 16.09 2.4 15.66 16.05 16.44 16.83 17 .23 17.62 18.01 18.40 18.79 2 .5 17.74 18.18 18.63 19.07 19 .51 19.96 20.40 20.84 2 1 .29 3 17 .85 18.30 18.74 19 .19 19.64 20 .08 20.53 20.97 2 1.42 4 18.75 19.22 19.69 20.16 20.63 2 1 .0 9 2 1 .56 22 .03 22 .50 5 19.69 20 .18 20.67 21 .17 2 1.66 22.1 5 22 .64 23.1 4 23 .63 6 20 .66 21.18 2 1.69 22.21 22.73 23.24 23.76 24 .28 2 4 .79 7 21 .71 22 .25 22.80 23.34 23.88 24.42 24.97 25.51 26.05 8 22 .80 23.37 23.9 4 24.51 25.08 25 .65 26 .22 26.79 27.36 9 23.94 2 4 .54 25.14 25 .74 26 .33 26 .93 27 .53 28.13 28.73 10 25.12 25.75 26.38 27 .00 27 .63 28.26 28 .89 29.52 3 0 .1 4 11 26.38 27.04 27.70 28.36 29.02 29.68 30 .34 3 1.00 3 1.66 12 27.72 28.41 29.11 29 .80 30.49 3 1 .19 31 .88 32.57 33.26 New Text Underl ined ; [DELETED TEXT BRACKETED] Ordinance No. 2962-2017 Page 2 of 2 13 29.08 29.81 30.53 31.26 31.99 32.72 33.44 34.17 34.90 14 30.55 31.31 32.08 32.84 33.61 34.37 35.13 35.90 36.66 15 32.07 32.87 33.67 34.48 35.28 36.08 36.88 37.68 38.48 16 33.67 34.51 35.35 36.20 "37.04 37.88 38.72 39.56 40.40 17 35.35 36.23 37.12 38.00+ 38.89 39.77 40 .65 41 .54 42.42 18 37.12 38.05 38.98 39.90 40.83 41 .76 42.69 43.62 44.54 19 38.97 39.94 40.92 41 .89 42 .87 43.84 44.82 45.79 46.76 20 40.93 41.95 42.98 44.00 45.02 46 .05 47.07 48.09 49.12 21 42 .99 44.06 45.14 46.21 47.29 48.36 49.44 50.51 51.59 22 45 .11 46.24 47 .37 48.49 49.62 50.75 51.88 53.00 54.13 23 47.38 48.56 49.75 50.93 52.12 53.30 54.49 55.67 56.86 24 49.81 51.06 52.30 53.55 54.79 56.04 57.28 58.53 59.77 FISCAL YEAR2018 OPERATING BUDGET PAY SCHEDULE FOR CLASSIFIED EMPLOYEES ENGAGED IN FIRE PROTECTION ACTIVITIES Range A B c D E F AA BB cc Step 13 20 .77 21.29 21 .81 22.33 22.85 23.37 23.89 24.40 24 .92 14 21 .82 22.37 22.91 23.46 24 .00 24.55 25 .09 25.64 26.18 15 22.91 23.48 24.06 24.63 25 .20 25.77 26.35 26 .92 27.49 16 24.06 24.66 25.26 25.86 26.47 27.07 27.67 28.27 28.87 17 25.26 25.89 26 .52 27 .15 27.79 28.42 29.05 29.68 30.31 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisd iction , 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 wo uld have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date : That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect 30 days after adoption, but shall apply to all ho urs worked beginning July 1, 2017. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, thi s 7th day of June , 2017 . BRIAN GABRIEL SR., MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance : Contingent on passage of Ordinance 2961-2017 New Text Underlined ; [DELETED TEXT BRACKETE D) Introduced: May 17, 2017 Ena cted: June 7, 2017 Effective: July 6, 2017 'lftff ~ U1/th a Pa.ft, Ot'tf U1/th a Fat~ " 210 Fidalgo Ave , Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www. kenai. city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager '(.0J · Terry Eubank , Finance Director 1 ~. May10,2017 Ordinance 2962-2017 The purpose of this memo is to respectfully request adoption of Ordinance 2962-2017 . Ordinance 2962-2017 codifies the changes to the personnel section of the Kenai Municipal Code that will adopted with the passage of the FY18 City of Kenai Budget. Changes are required with the adoption of the FY 18 Pay Schedule that incorporated a 0.8% Cost of Living Allowance (COLA) increase . The COLA increase has an estimated FY18 salary and benefit cost to the City of $86 ,959 for all funds , comprised of $61, 779 in employee pay increases and $25 , 180 in associated employee benefits. Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2963-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING BUDGET ADJUSTMENTS AND INCREASING GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS FOR COSTS IN EXCESS OF BUDGETED AMOUNTS . WHEREAS, the General Fund Finance , Planning and Zoning , and Parks , Recreation & Beautification Departments project a shortfall in budgeted amounts for employee health insurance because of changes in employee coverage elections ; and, WHEREAS , due to employee vacancies, the police department has excess funds in its health insurance budget to cover the shortfall of these departments; and , WHEREAS, the Fire Department's overtime budget is currently 93.3% expended with two months of the fiscal year to go; and, WHEREAS, higher than budgeted use of overtime is related to excess shift coverage for employees on medical leave and an increase in call volumes; and , WHEREAS , the Fire Department estimates the need for an additional $19 ,835 in overtime and benefits for the completion of FY2017; and, WHEREAS , excess budget exist in the Fire Department's Professional Services Account for transfer to cover the additional overtime; and , WHEREAS, the FY2017 Budget forecasted the vacation of portions of the Old City Shop with the completion of the new Warm Storage Facility ; and , WHEREAS, vacation was delayed until construction of the new Warm Storage Facility was complete ; and , WHEREAS, due to extended occupancy, budgeted amounts for land lease and utilities are not sufficient requiring supplemental funding of $36 ,325; and, WHEREAS , Public Works Departments of the City have identified sufficient funds in other budget categories which are available for transfer to cover the shortfall in the land lease and utilities accounts ; and, WHEREAS , the Parks, Recreation & Beautification Department projects a shortfall in its leave budget due to leave employee leave cash-outs in e xcess of budgeted amounts; and, WHEREAS, annual department budget estimates for leave cash-outs include each employee cashing-out two weeks of leave; and , New Text Und e rlined ; [DELETED TEXT BRACKETED ] Ordinance No. 2963-2017 Page 2 of 4 WHEREAS, when employees cash in more than this estimated amount, budget deficits are created and budget adjustments are needed to cover the deficit; and, WHEREAS , the Parks, Recreation & Beautification Department has cancelled the budgeted replacement of a 72" mower in FY2017 providing sufficient budget for coverage of the deficit in its leave budget; and, WHEREAS, the number of eligible Choice Waiver meals being provided by the Kenai Senior Center is less than originally budgeted creating a $57 ,000 deficit in the funds projected FY2017 revenues; and, WHEREAS, as a result of the revenue deficit, the General Fund will need to provide supplementa l funding for the remainder of FY2017 in the amount of $57,000 . 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 following budget adjustment is authorized: General Fund In crease: Finance -Health & Life Insurance Planning & Zoning -Health & Life Insurance Parks, Recreation & Beautification -Health & Life Insurance Decrease - Police -Health & Life Insurance Section 3: That following budget adjustment is authorized : General Fund In crease: Fire -Overtime Fire-PERS Fire -Medicare Fire -Workers' Compensation Decrease: Fire -Professional Services New Text Underlined; [DELETED TEXT BRACKETED) $14,513 13,992 13.460 $41.965 $41,965 $15,475 3,400 225 735 $19,835 $19,835 Ordinance No. 2963-2017 Page 3 of 4 Section 4: That following budget adjustment is authorized: General Fund Increase : Non-Departmental -Rentals Shop -Utilities Streets -Utilities Decrease: Section 5: Streets -Repair & Maintenance Streets -Rentals Streets -Operating & Repair Supplies Shop-Small Tools & Minor Equipment Shop -Dues & Publications Shop -Office Supplies Shop -Rentals Buildings -Operating & Repair Supplies That following budget adjustment is authorized: General Fund In crease : Parks , Recreation & Beautification -Leave Decrease : Parks , Recreation & Beautification -Machinery & Equipment $ 8 ,825 24 ,000 3,500 $36,325 $15,025 7,200 6 ,100 2 ,000 2,000 600 400 3,000 $36,325 $M.QQ $M.QQ Section 6: That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues - Appropriation of Fund Balance In crease Appropriations : Non-Departmental -Transfer to Senior Citizen Fund $57,000 $57,000 Section 7. Severabil ity : 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 , suc h 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 appli catio n . New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2963-2017 Page 4 of 4 Section 8. Effective Date: "That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of June, 2017. ATTEST: Sandra Modigh , City Clerk Approved by Finance ~ BRIAN GABRIEL SR., MAYOR Introduced: May 17, 2017 Enacted: June 7, 2017 Effective : June 7, 2017 New Text Underlin e d ; [DELETED TEXT BRACKETED] 'Vtfl'~ t<J/th Q Pacf~ e~ t<J/th Q h.tar-e JI 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ?-&· Terry Eubank, Finance Director 1?'. May 10, 2017 Ordinance 2963-2017 The purpose of this memo is to respectfully request adoption of Ordinance 2963-2017. Ordinance 2963-2017 authorizes budget transfers within numerous General Fund Departments and authorizes a supplemental appropriation to provide additional funding for operations of the Kenai Senior Center in FY2017. The remainder of this memo will provide justification for the requested adjustment to Health & Life Insurance budgets . Memos in support of other requested budget revisions and the supplemental appropriation have been provided seperately by the impacted departments. Budget adjustments are needed in the Finance, Planning & Zoning , and Parks , Recreation & Beautification Departments for employee health and life insurnance amounts. The FY2017 City budget allocated employee health care costs based on the projected coverage of employees in each department. In each of these departments the actual coverage election by employees differed from what was budgeted creating shortfalls. Funding for the needed budget transfer is available in the Police Department's employee health and life insurance account. Vacancies in the Police Department during FY2017 resulted in the available budget. The change in allocation method incorporated in the FY2018 Budget should eliminate the needed for similar budget revision in subsequent fiscal years. 'Utt~ (,(/;tit-a Pai!~ e~ (,(/;tit-a Fu.t~" 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www. kenai. city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ~ ,C) · Rachael S. Craig K_R._~l!fl-. 05-07-17 Senior Citizen Fund Supplemental Funding This memo is in reference Ordinance 2963-2017. This memo is requesting a transfer of $57,000 from the General Fund to provide supplemental funding for the Senior Citizen Fund . Due to continual denials of Choice Waiver Client's Care Plans by the State of Alaska, the fund continues to see a decline in Choice Waiver Revenue. When a client, who is 60 years and older, is refused service under the Choice Waiver Program, they are likely to continue receiving services under the center's NTS (Nutrition, Transportation and Services) Grant. The Choice Waiver Program is a fee for service and is paid through a reimbursement per meal. The client is approved for a certain number of meals through the individual's annual plan of care. Currently, the Choice Waiver reimbursement rate is $21.47 per meal. The NTS grant, through the Older American's Act of 1964, states a suggested donation may be requested but a person is not required to make a donation. There is no means test that can be used for the suggested donation. Last fiscal year, the suggested donation was $6.00. As of May 1, 2017, the suggested NTS donation has been increased to $7 .00. The cost to produce a meal at the senior center is approximately $15.00. Comparing November 2016 through April 2017 to the 2015 -2016, we have seen a 12.4% loss in the number of Choice Waiver Clients as well as a 14% decrease in the number of meals provided. I request that you support an increase of $57,000 from the general fund to the Choice Waiver Revenue to cover the loss. MEMORANDUM 'Vtff ~ «1/th a Pacf'~ Ct'tj «11'th a Fatfd'e, " 210 FidalgoAve, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www. kenai.city TO: THROUGH: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ?,<..:?· FROM: Jeff Tucker, Fire Chief DATE: May 8, 2017 SUBJECT: End of Fiscal Year Overtime Budget Transfer As we approach the end of FY 17 the Fire Department is in need of transfering funds to cover unanticipated overtime expenses. The need is percipitated by an increase in calls for service and the need to cover for staff who have suffered off-duty injuries. Our anticipated budget shortfall is estimated to be $19,835.00 which includes $15,475 in overtime , $3 ,400 in PERS , $225 in Medicare , and $735 in Workers ' Compensation Insurance. We have identified the following internal funding sources to cover the budget transfers. 4531 -Professional Services • Employee Physicals • Posichek Calibration Servicing • Shredding Services • Ambulance Billing Services $10,000.00 $1,200 .00 $200 .00 $8,435.00 'V/fl~ a1/t~ a Pa~~ tt'tj a1/t~ a Fu.tan 11 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kena i.city MEMORANDUM TO: THROU ~ FROM:l\fi) DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager <;>, CJ · Robert J. Frates, Parks & Recreation Director May 10, 2017 Leave Account -Shortage FY17 The Parks & Recreation Department experienced a deficit in its FY17 Leave Account (001 -445-0300). The deficit of $6,000 is primarily a result of the Director cashing in available hours . To cover this shortfall , funds can be used from the department's Machinery & Equipment account (001-445-8064) in the amount of $6,000 . The reason funds exist is because we will not be purchasing a mower. "tl/tltlfe tfl/th a PaJ'~ tt'tt tfl/th a Fat~ " 210 Fidalgo Ave, Kenai , A laska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ?, 0 · Sean Wedemeyer, Public Works Director/Capital Projects Manager S ,All tJ May 11 , 2017 Ordinance No. 2963-2017 This purpose of this memo is to recommend adoption of ordinance 2963-2017. During the fiscal year 2017 budget process in late 2015 and early 2016, it was anticipated that the new warm storage and subsequent Streets/Buildings offices and work areas would be constructed in time for these departments to move out of the Airport owned property at 332 Airport Way by July 1, 2016. At that time it was envisioned that the office/work area would be constructed with wood framing. It was later determined that fire and building codes required we construct with non- combustible materials, e .g . steel framing . The time it required to complete design and procure the materials increased significantly. Therefore budgeted amounts for land lease and utilities at this location are not sufficient. I tasked my foremen with assisting me in identifying budgeted purchases that can be postponed to FY 18 without a significant impact to operations and services. They diligently provided me with a list to choose from. In order to fund the budget shortfall I propose to postpone crack sealing streets, renting equipment to restore ditches to proper profile , and the purchase of various items e .g. small tools and a Volvo diagnost ic subscription. Thank you for your consideration . New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2964-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING KENAI MUNICIPAL CODE CHAPTER 5.15-PRIVATE DETECTIVE AGENCIES, REMOVING SPECIFIC LOCAL REGULATION OF DETECTIVE AGENCIES. WHEREAS, Kenai Municipal Code Chapter 5.15 provides for the regulation of detective agencies; and, WHEREAS, the last license issued to a detective agency was in July 2011; and, WHEREAS, the State does not license private detective and rejected legislation to do so as recently as 2015; and, WHEREAS, few, if any municipalities of a similar size in the State regulate private detectives; and WHEREAS, the Police Chief and City Clerk recommend a repeal of the Chapter because it is not utilized, is outdated making it difficult to administer, and carries an administrative burdening of updating associated fees each year as a part of the City’s Fee Schedule; and, WHEREAS, issuing City licenses may allow private investigators to use the license as a credential to access certain data bases which is not an intent of the City’s regulations. WHEREAS, it is in the best interest of the City to repeal KMC Chapter 5.15 rather than leave it on the books, as the burden and potential for misuse outweighs any benefit. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Repeal of Chapter 5.15 of the Kenai Municipal Code: That Kenai Municipal Code, Chapter 5.15-Private Detective Agencies, is hereby Repealed in its entirety: [Chapter 5.15 PRIVATE DETECTIVE AGENCIES SECTIONS: 5.15.010 DEFINITIONS. 5.15.020 DETECTIVE AGENCY LICENSE FEE. 5.15.030 DETECTIVE AGENCY APPLICATION—BOND. Ordinance No. 2964-2017 Page 2 of 5 New Text Underlined; [DELETED TEXT BRACKETED] 5.15.040 PRIVATE DETECTIVE LICENSE—FEE. 5.15.050 PRIVATE DETECTIVE LICENSE—APPLICATION. 5.15.060 PENALTY. 5.15.070 GROUNDS FOR DENIAL OF LICENSE. 5.15.080 UNLAWFUL ACTS. 5.15.010 DEFINITIONS. THE WORDS AND PHRASES USED HEREIN, UNLESS THE CONTEXT OTHERWISE INDICATES, SHALL HAVE THE FOLLOWING MEANINGS: (A) “PRIVATE DETECTIVE BUSINESS” MEANS AND INCLUDES THE BUSINESS OF OR THE REPRESENTATION OF BEING ENGAGED IN THE BUSINESS OF, MAKING FOR HIRE, OR REWARD INVESTIGATION, OR INVESTIGATIONS WITH REFERENCE TO ANY OF THE FOLLOWING MATTERS: (1) DETECTING, DISCOVERING, OR REVEALING CRIME OR CRIMINALS OR SECURING SECRET INFORMATION OR EVIDENCE RELATING THERETO; (2) DISCOVERING OR REVEALING THE IDENTITY, WHEREABOUTS, CHARACTER, OR ACTIONS OF ANY PERSON OR PERSONS, THING OR THINGS; (3) THE HABITS, CONDUCT, MOVEMENTS, WHEREABOUTS, ASSOCIATIONS, TRANSACTIONS, REPUTATION, OR CHARACTER OF ANY PERSON, FIRM, OR CORPORATION; (4) THE CREDIBILITY OF WITNESSES OR OTHER PERSONS; (5) THE LOCATION OR RECOVERY OF LOST OR STOLEN PROPERTY; (6) THE CAUSES, ORIGIN, OR RESPONSIBILITY FOR FIRES, ACCIDENTS, OR INJURIES TO REAL OR PERSONAL PROPERTY; (7) THE AFFILIATION, CONNECTION, OR RELATION OF ANY PERSON, FIRM, OR CORPORATION WITH ANY UNION OR NON-UNION ORGANIZATION, WITH ANY OFFICIAL MEMBER OR REPRESENTATIVE THEREOF, OR WITH ANY PERSON OR PERSONS SEEKING EMPLOYMENT IN THE PLACE OF ANY PERSON OR PERSONS WHO HAVE QUIT WORK BY REASON OF STRIKE; (8) THE TRUTH OR FALSITY OF ANY STATEMENT OR REPRESENTATION; (9) THE BUSINESS OF SECURING FOR HIRE OR REWARD EVIDENCE TO BE USED BEFORE AUTHORIZED INVESTIGATION COMMITTEES, BOARDS OF AWARD OR ARBITRATION, OR IN THE TRIAL OF CIVIL OR CRIMINAL CASES. (B) “MERCHANT PATROL SYSTEM” MEANS AND INCLUDES THE BUSINESS OF FURNISHING FOR HIRE OR REWARD GUARDS OR OTHER PERSONS TO PROTECT PERSONS OR PROPERTY, PREVENT THEFT OR UNLAWFUL TAKING OF GOODS, WARES, AND MERCHANDISE, OR THE MISAPPROPRIATION OR CONCEALMENT OF GOODS, WARES, AND MERCHANDISE, MONEY, BONDS, STOCKS, CASES IN ACTION, NOTES, OR OTHER VALUABLE DOCUMENTS OR PAPERS; OR THE BUSINESS OF PERFORMING THE SERVICE OF SUCH GUARD OR OTHER PERSON FOR ANY OF SAID PURPOSES. (C) NOTHING IN THIS CHAPTER SHALL APPLY TO ANY OFFICER OR EMPLOYEE OF THE UNITED STATES OF AMERICA, THE STATE OF ALASKA, OR POLITICAL SUBDIVISION OF THE STATE OF ALASKA, APPOINTED OR ELECTED BY DUE AUTHORITY OF LAW; TO ANY PERSON, FIRM, OR CORPORATION WHOSE BUSINESS IS THE FURNISHING INFORMATION AS TO THE BUSINESS, FINANCIAL STANDINGS, CREDITS OF FIRMS, OR CORPORATIONS; NOR TO ANY PERSON, FIRM, OR CORPORATION INQUIRING AS TO THE PERSONAL HABITS AND Ordinance No. 2964-2017 Page 3 of 5 New Text Underlined; [DELETED TEXT BRACKETED] FINANCIAL RESPONSIBILITY OF APPLICANTS FOR INSURANCE, INDEMNITY, BONDS, OR COMMERCIAL CREDIT, OR OF CLAIMANTS UNDER INSURANCE POLICIES. 5.15.020 DETECTIVE AGENCY LICENSE FEE. IT IS UNLAWFUL FOR ANY PERSON TO ENGAGE IN BUSINESS AS A DETECTIVE AGENCY WITHOUT HAVING FIRST OBTAINED A CITY LICENSE SO TO DO, TO BE KNOWN AS A “DETECTIVE AGENCY LICENSE.” THE FEE FOR SAID LICENSE SHALL BE AN ANNUAL FEE AS SET FORTH IN THE CITY’S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. IF THE APPLICANT IS AN ASSOCIATION, FIRM, OR CO-PARTNERSHIP, SUCH APPLICATION SHALL BE SIGNED PERSONALLY BY EACH PERSON COMPOSING OR INTENDING TO COMPOSE SUCH ASSOCIATION, FIRM, OR CO-PARTNERSHIP. IF THE APPLICANT IS A CORPORATION, SUCH APPLICATION SHALL BE SIGNED BY THE OFFICER OF THE CORPORATION AUTHORIZED TO SIGN SUCH DOCUMENTS IN THE STATE OF ALASKA. SUCH APPLICATION SHALL BE SWORN TO BY ALL PERSONS SIGNING THE SAME BEFORE SOME PERSON AUTHORIZED TO ADMINISTER OATHS. 5.15.030 DETECTIVE AGENCY APPLICATION – BOND. (A) APPLICATION FOR A DETECTIVE AGENCY LICENSE SHALL BE MADE TO THE KENAI POLICE DEPARTMENT ON FORMS TO BE FURNISHED BY THEM FOR THAT PURPOSE AND EACH PERSON SIGNING THE APPLICATION MUST STATE HIS OR HER FULL NAME, AGE, RESIDENCE, PRESENT AND PREVIOUS OCCUPATIONS OF HIS OR HER PRESENT OR FORMER EMPLOYERS, AND SHALL GIVE PERMISSION FOR A COMPLETE INVESTIGATION OF THE APPLICANT. (B) EACH PERSON SIGNING THE APPLICATION MUST HAVE ALREADY OBTAINED OR HAVE CONTINGENT APPROVAL FOR A PRIVATE DETECTIVE LICENSE AS PROVIDED FOR BY THIS CHAPTER, AND SAID APPLICATION SHALL BE ACCOMPANIED BY A SURETY BOND COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE IN THE PRINCIPAL SUM OF FIVE THOUSAND DOLLARS ($5,000.00), CONDITIONED THAT THE LICENSEE SHALL, AND ALL HIS OR HER EMPLOYEES WILL, COMPLY WITH ALL THE REQUIREMENTS OF THIS CHAPTER INSOFAR AS THEY RELATE TO THE BUSINESS OF PRIVATE DETECTIVE OR DETECTIVE AGENCIES. 5.15.040 PRIVATE DETECTIVE LICENSE – FEE. IT IS UNLAWFUL FOR ANY PERSON, WHETHER LICENSED AS A DETECTIVE AGENCY OR NOT, TO ENGAGE IN THE PRIVATE DETECTIVE BUSINESS OR TO ACT OR ENGAGE IN BUSINESS AS A PRIVATE DETECTIVE WITHOUT HAVING FIRST OBTAINED A CITY LICENSE SO TO DO, TO BE KNOWN AS A “PRIVATE DETECTIVE LICENSE.” THE FEE FOR SAID LICENSE SHALL BE AN ANNUAL FEE AS SET FORTH IN THE CITY’S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. SUCH PRIVATE DETECTIVE LICENSE SHALL CARRY THE NAME OF THE DETECTIVE AGENCY BY REASON OF WHICH THE PRIVATE DETECTIVE LICENSE IS ISSUED, AND SUCH LICENSE SHALL BE IN FORCE AND EFFECT ONLY AS LONG AS SUCH PERSON IS POSSESSED OF, OR IS A MEMBER OF A PARTNERSHIP OR OFFICER OF A CORPORATION HOLDING, OR IS EMPLOYED BY THE HOLDER OF SUCH DETECTIVE AGENCY LICENSE. Ordinance No. 2964-2017 Page 4 of 5 New Text Underlined; [DELETED TEXT BRACKETED] 5.15.050 PRIVATE DETECTIVE LICENSE – APPLICATION. APPLICATION FOR A PRIVATE DETECTIVE LICENSE SHALL BE MADE TO THE KENAI POLICE DEPARTMENT ON FORMS TO BE FURNISHED BY THEM FOR THAT PURPOSE; SHALL BE SIGNED BY THE APPLICANT AND SHALL STATE HIS OR HER FULL NAME, AGE, RESIDENCE, HIS OR HER PRESENT AND FORMER EMPLOYERS AND SHALL GIVE PERMISSION FOR A COMPLETE INVESTIGATION OF THE APPLICANT. SUCH APPLICATION MUST BE ACCOMPANIED BY A COMPLETE SET OF FINGERPRINTS AND A PHOTOGRAPH. NO APPLICATION SHALL BE APPROVED BY THE KENAI POLICE DEPARTMENT UNLESS THE APPLICANT IS TWENTY-ONE (21) YEARS OF AGE OR OLDER, A CITIZEN OF THESE UNITED STATES, AND OF GOOD MORAL CHARACTER AND REPUTATION; NOR SHALL THE KENAI POLICE DEPARTMENT BE AUTHORIZED TO ISSUE A LICENSE TO ANYONE WHO IS ADDICTED TO THE USE OF INTOXICANTS OR NARCOTICS; HAS BEEN CONVICTED OF A FELONY WITHIN TEN (10) YEARS PREVIOUS TO THE DATE OF APPLICATION, OR HAS BEEN CONVICTED AT ANY TIME OF A FELONY OR MISDEMEANOR INVOLVING MORAL TURPITUDE OR ASSAULT WITH A DEADLY WEAPON OR THE USE OF OR TRAFFIC IN NARCOTIC DRUGS OR TRAFFIC IN WOMEN FOR IMMORAL PURPOSES. 5.15.060 PENALTY. ANY PERSON FAILING TO COMPLY WITH, OR VIOLATE ANY PROVISION OF THIS CHAPTER SHALL BE GUILTY OF A VIOLATION, AND UPON CONVICTION SHALL BE FINED AS PROVIDED FOR VIOLATIONS IN KMC 13.05.010. EVERY DAY UPON WHICH A VIOLATION SHALL CONTINUE SHALL CONSTITUTE A SEPARATE OFFENSE. 5.15.070 GROUNDS FOR DENIAL OF LICENSE. IF, IN THE OPINION OF THE KENAI POLICE DEPARTMENT, THE APPLICANT DOES NOT MEET THE REQUIREMENTS AND QUALIFICATIONS ESTABLISHED BY THIS CHAPTER, HE OR SHE MAY DENY THE ISSUANCE OF EITHER A TEMPORARY OR A PERMANENT LICENSE. WHEN THE KENAI POLICE DEPARTMENT SHALL REFUSE TO ISSUE EITHER A TEMPORARY OR PERMANENT LICENSE, IT SHALL BE DONE IN WRITING, STATING BRIEFLY AND CONCISELY THE REASONS FOR SUCH DECISION. 5.15.080 UNLAWFUL ACTS. IT IS UNLAWFUL FOR ANY PERSON, UNLESS DULY LICENSED SO TO DO PURSUANT TO THIS CHAPTER, TO ENGAGE IN, ADVERTISE, OR TO HOLD HIM OR HERSELF OUT AS A PRIVATE DETECTIVE OR REPRESENT HIM OR HERSELF AS BEING ENGAGED IN THE PRIVATE DETECTIVE BUSINESS. IT IS UNLAWFUL FOR ANY LICENSEE UNDER THIS CHAPTER TO ASSUME TO ACT AS ANY OFFICER OF THE LAW WITHOUT PROPER AUTHORITY.] Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. Ordinance No. 2964-2017 Page 5 of 5 New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of June, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: City Clerk Introduced: May 17, 2017 Enacted: June 7, 2017 Effective: July 7, 2017 ''t;;fl'~ «1/t/t, a Pa$'~ e'ti «1/t/t, a Fat~ JI 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Counci l Paul Ostrander, City Manager ?. 0 · May 11 , 2017 Authorizing the City Manager to work with the Kenai Chamber of Commerce to create a partnership with the Chamber through a Memorandum of Understanding to hold a Silver Salmon Derby. This memo is requesting the City Council to authorize the City Manager to work with the Kenai Chamber of Commerce to create a partnership with the Chamber through a Memorandum of Understanding to hold a Sil ver Salmon Derb y. Administration has been working with the Kenai Chamber of Commerce on the poss ibility of holding a Silver Salmon Derby in the City of Kenai annually during the month of September. The event is intended to bring people to Kenai during a shoulder month, create excitement around the City , and provide an event that can be enjoyed by residents from both our area and from around the State . Chamber representatives and City administration have met with the Alaska Department of Fish and Game and Alaska State Parks along with multiple others with interest in the Derby. Discussions with the Department of Fish and Game were positive. They do not oppose derb ies, however, they would like to see the Chamber and City structure the derby in a way that would minimize any potential impacts to the resource . Although the format for the Derby has not been finalized , both Administration and Chamber representatives are committed to creating an event that does not negatively impact the resource . Discussions with State Parks ind icate that a permit wi ll be needed to allow the Derby . Once the Memorandum of Understanding between the Chamber of Commerce and City is completed , it would be presented to Council as a discussion item at a future Council meeting. If the Council is uncomfortable with any of the terms and cond itions of the agreement, they would have the ability to amend them at that time . The Memorandum of Understanding will not obligate the City to commit any money , resources , or personnel to the Derby. 'V/tlar «1/t/i a PaJ't, tt'tj «1/t/i a h. tan 11 210 FidalgoAv e , Kenai , Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUG~ FROM:~ DATE: SUBJECT: Mayo r Brian Gabriel and Kenai City Council Paul Ostrander, City Manager '\/. o - Robert J . Frates, Parks & Recreation Director May 9 , 2017 Multi-Purpose Facility Rental Agreement -Kenai Rotary Club Purpose of this correspondence is to request Kenai City Council approval of a Special Use Permit to the Kenai Rotary Club for purposes of conducting their annual Soapbox Derby. The Kena i Rotary Club will be hosting its annual Soap Box Derby competition on May 20 , 2017 located at the City of Kenai Multi-Purpose Facility. Set up will occur May 17th with tear down occurring evening of May 2Q1h. Local winners have the opportunity to represent Kenai and Alaska at the All American Soap Box Derby Championsh ip in Akron , Oh io . MULTI-PURPOSE FACILITY RENTAL AGREEMENT THE CITY OF KENAI (OWNER) for the considerations, conditions and requirements set forth below, hereby grants to KENAI ROTARY CLUB (RENTER), whose address is P.O. Box 2640, Kenai, AK 99611 , a non-profit organization, the right to use the Kenai Multi- Purpose Facility located at 9775 Kenai Spur Highway, Kenai, AK 99611, as provided below. 1. PARTIES This Agreement, made and entered into this __ day of , 2017 between the City of Kenai, hereinafter referred to as OWNER, and KENAI ROTARY CLUB hereinafter referred to as RENTER. 2. RENTAL SPACE The RENTER agrees to quit and surrender the demised premises to the OWNER at the end of the term, in the same condition as date of commencement of this rental agreement, ordinary use and wear thereof excepted. 3. PURPOSE The aforementioned space to be used solely for the purpose, and no other, of conducting a soapbox derby. 4. USE DATES A. Perrnittee shall have use of the Premises on the following days for the purposes of conducting a soapbox derby open to the general public from 10:30 a.m. on May 20, 2017, through 3:00 p.m. on the same day. Permittee is schedu led to arrive and set up the soapbox derby on May 17, 2017, and to completely tear down and depait no later than 6:00 p.m. on May 20, 2017. B. Time is of the essence in this Agreement. The time herein granted shall not be extended for any purpose without the express written permission of the City of Kenai, Parks and Recreation Department Director (hereinafter Director). 5. RENT AL TERMS A. There shall be no rental or use fee for the Premises. The Kenai Rotary Club is a non-profit community service organization embodying the characteristics of good citizenship, leadership, involvement and service to community. Multi-Purpose Facility Rental Agreement -Kenai Rotary Club Page 1of6 B. It is the responsibility of the RENTER to prohibit smoking by guests, employees, invitees, and any other person allowed to use the premises by RENTER pursuant to AS 18.35 and KMC 12.40. Violation of this section may result in all or part of the RENTER'S deposit being forfeited. 6. CLEANUP The RENTER agrees to take down decorations , signs, and/or banners that were put up by RENTER. Garbage is to be bagged and placed inside facility near large sliding gate . 7. INDEMNITY, DEFEND, AND HOLD HARMLESS RENTER agrees to fully indemnify, defend, and hold harmless , the OWNER, its officers, agents , employees , and volunteers from and against any and all actions , injuries , death , damages, costs , liability, claims , losses , judgments, penalties, and expenses of every type and description including any fees and/or costs reasonably incurred by the OWNER'S staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any or all of them may be subjected, to the extent such Liabilities are caused by any act, incident, or accident, occurring as a result of the acts, errors or omissions, of the RENTER or its agents , guests , invitees , or employees , arising in connection with the operations, use, or occupancy of the premises by RENTER. This shall be a continuing release and shall remain in effect after termination of this Agreement. 8. ASSUMPTION OF RISK RENTER assumes full control and sole responsibility as between RENTER and OWNER for the activities of RENTER, its personnel, employees , and persons acting on behalf of or under the authority of the RENTER anywhere on the Premises. RENTER shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Agreement. 9. INSURANCE RENTER shall secure and keep in force adequate insurance , as stated below, to protect OWNER and RENTER. Where specific limits are stated, the limits are the minimum acceptable limits. If RENTER'S insurance policy contains higher limits , OWNER is entitled to coverage to the extent of the higher limits . Multi-Purpose Facility Rental Agreement -Kenai Rotary Club Page 2of6 A. Commercial General Liability insurance, including premises, all operations, property damage , personal injury and death, broad-form contractual, with a per-occurrence limit of not less than $1 ,000,000 combined single limit. The policy must name the OWNER as an additional insured. B. Worker's compensation insurance with coverage for all employees engaged in work under this Agreement or at the Premises as required by AS 23.30.045. Renter is further responsible to provide worker's compensation insurance for any subcontractor who directly or indirectly provides services to RENTER under this Agreement. C. Commercial Automobile Coverage with not less than $1 ,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the RENTER uses for activities permitted under this Agreement. The policy must name the OWNER as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated "A-" or better by A.M. Best. 11. RENTER shall submit to the OWNER proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. 111. RENTER shall request a waiver of subrogation against OWNER from RENTER'S insurer and the waiver of subrogation, where possible, shall be provided at no cost to OWNER. 1v. Provide the OWNER with notification at least thirty (30) days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to OWNER by Kenai Rotary Club. The effective date of the insurance shall be no later than May 17, 2017. OWNER may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Agreement. Owner will base any increase or revision on reasonable and justifiab le grounds. Within two weeks of the written demand, RENTER shall submit to OWNER evidence of insurance coverage that meets the requirements of the OWNER. Multi-Purpose Facility Rental Agreement -Kenai Rotary Club Page 3of6 10. GENERAL TERMS AND CONDITIONS OF USE AND OPERATION A. RENTER may not assign or sublet the Premises. B. RENTER agrees that at all times RENTER will conduct activities with full regard to public safety, and will observe and abide by all applicable regulations and requests by duly authorized agencies responsible for public safety. C. RENTER will comply with all laws of the United States and State of Alaska; all municipal ordinances; and all lawful orders of the police and fire departments , or other municipal authorities ; and will obtain, and pay for all necessary permits and licenses and will not do, nor allow to be done , anything on said premises during the tenn of this Agreement in violation of any such laws , ordinances , rules or orders. D. RENTER shall not admit to said premises a larger number of persons than can safely and freely move about in said premises ; and the decision of OWNER in this respect shall be final. It is further understood and agreed that RENTER will permit no chairs or seats to remain in the passageways or fire exits in said premises and will keep all passageways and fire exits clear at all times; and that the sidewalks, grounds, entries , passages , vestibules, halls abutting streets , and all ways of access to public utilities of said premises , shall not be obstructed by RENTER or used for any purpose other than for ingress to and egress from demised premises. E. RENTER shall not injure , nor in any manner deface said premises; and shall not permit anything to be done whereby said building or premises shall be in any manner injured or marred, or defaced , nor shall RENTER drive, nor permit to be driven, any nails , hooks, tacks , or screws, in any part of the building, nor shall RENTER make , or allow to be made, any alteration of any kind therein. That if said premises, or any portion of said building or grounds, during the term of this lease , shall be damaged by the act, default, or negligence of RENTER or by RENTER 'S agents , employees, guests , invitees , or any person, or persons admitted to said premises by said RENTER, the RENTER will pay OWNER upon demand such sum as shall be necessary to restore said premises to their original condition. F. OWNER does not relinquish and does hereby retain the right to enforce all necessary laws rules , and regulations , for the management and operations of said premises. OWNER retains the right to enter the demised premises at any time and on any occasion, without any restrictions whatsoever. Multi-Purpose Facility Rental Agreement -Kenai Rotary Club Page 4of6 G. OWNER reserves the right to eject, or cause to be ejected, from the premises any disorderly person; and neither OWNER nor any of its officers, agents, or employees, shall be liable to RENTER for any damages that may be sustained by and through the exercise of such right. H. RENTER will not allow beer, wine, liquor, or alcoholic beverages of any kind to be sold or consumed upon said premises without the express written consent of OWNER. Should the City agree to allow the sale of alcoholic beverages on the premises, a vendor licensed by the Alaska Alcoholic Beverage Control Board must dispense any and all alcohol beverages on the premises. The vendor must have, during RENTER'S occupancy of said pre mi ses, policies of general liability and liquor liability. Said policy must be from a reliable insurance company authorized to transact business in the State of Alaska and subject to suit in Alaska. The City shall be named as an additional insured on said policy with a waiver of subrogation endorsement. Coverage shall be in the amount of $500,000 for bodily injury, death or property damage resulting from one occurrence. RENTER agrees to furnish and place on file with OWNER, a copy of said policy or a certificate that a policy of insurance has been issued, at the time of execution of this Agreement. The policy is subject to approval by OWNER. I. Special Conditions: RENTER agrees to accept all terms and conditions of this Agreement. Any decision affecting any matter not herein expressly provided shall rest solely within the discretion of the Director or City Manager CITY OF KENAI OWNER Paul Ostrander C ity Manager Date KENAI ROTARY CLUB RENTER By: ____________ _ Scott Hamann Representative Date Multi-Purpose Facility Rental Agreement -Kenai Rotary Club Page 5of6 ACKNOWLEDGMENTS STATE OF ALASKA ) )ss THIRD filDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2017 , the foregoing instrument was acknowledged before me by PAUL OSTRANDER, City Manager of the City of Kenai , Alaska, an Alaska home rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires: _______ _ ST ATE OF ALASKA ) )ss THIRD filDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2017, the foregoing instrument was acknowledged before me by SCOTT HAMANN, of KENAI ROTARY CLUB, a non-profit organization, on behalf of the organization. Notary Public for Alaska My Commission Ex pires: _______ _ F OR OFFICE USE ONLY D The facility h as b een inspecte d and the full amount of the depo sit of$ ---- may be returned. D The fa cility has been in spected and th e sum of $ shall be withheld to ---- cover costs of rep ai r. The following h as been found to be d amaged : ___________ _ Print Name of Staff who In spected Property: _____________ _ Staff Signature: Date: ------------ Y :\Parks & Recreation\Agreemen ts\20 17 0509 Kenai Rotary C lub MPF Agreement.do cx Multi-Purpose Facility R ental Agreement -Kenai Rotary Club Page 6of6 02 /09 /2013 22:13 FAX !41002 ~RU CERTIFICATE OF LIABILITY INSURANCE I OA TI: (MM/ODIVVVYI 0211412017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEQATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL ICIES Bf LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDfR. IMPORTANT: If the certificate holdor I• an ADDITIONAL INSURED, th• pollcy(iff) must bo ondorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of th• policy, certain policies may require an endoraement A atatoment on thle certificate does not confer rights to the certlflc.te holder In lieu of such endorsement(•). PROOUC!;R N.4ilE;' .. ' MARSH USA INC. r.".91\!'., ··"· T ~·-.. ·-·-· ·-- 200 PUBLIC SOUARE , SUITE 1000 I ,!:jo): CLEVELAND, OH +4114-1824 .~~SS'. Attn: clavatand.certtequ~.c:om INSUR!;RISl AFFOROINO COVl!RAGI! NAICI ........... 782373-GAX-16-17 INSUR!.RJ.!, Philadelphia Indemnity lnsurant.e Company 16058 ~ .. ~ . INSURliO INSURERB : lntemJdonel Soep Box Deri>y, Inc. ·-· .. . -. POBox7225 IHSURE;RC : .. ~, Akron, OH 44306-7225 . JH~V.l'.t~lt D .. L -·- l!'l&!Jll!I!.~.: .. _. _ ... ------- INSURE;R F : COVERAGES CERTIFICATE NUMBER· CLE-004 7oM764-ll7 REVISION NUMBER•10 THIS IS TO CERTIFY THAT THE POLICIES OF INSUAANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS URED NAMED ABOVE FOR THE PO LI CY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM DR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUl:O OR MAY PERTAIN, THE INSURAN CE AFFORDED BY THE POLIC IES OESCRIBEO HERE;IN IS SUBJECT TD AU THE TERMS . EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUCEO BY PAID CLAIMS . I~~ TVl'liOFINIURANCE -··,~H~~1~.~~ PO!.ICYNUMBl!lt l~~c.~<1;•• 1 1::.:f~l ··--··-····· ... UMfTB A X COMMERCIALG!N!.ltALUAlllUTY PHPK1575701 11 /18/2016 11 /18/2017 !iACH OCCURRENCE $ 1,000 ,000 =CJ CLAIMS·MADE ~ OCCUR ~!l'.~~~J9r;~~_!7!!.,,.., S 1,000,000 ... _______ _ OEN'l AOOREG ... TE. LIM IT APPLI ES PER: i ·1 POLICY D ~8-r 0 Loe ir-i OTHER: A ~~TOMOllU UAlilUlY . X !Jof"f AUTO A . . ALL OIMJEO ,-SCHEDULED _ AUTOS ~-~L'?J~NEO _:_ lllREO AUTOS X AlJTOS UMlslll!!LLA LIAI w OCCUR X EXCES S UA.B • _ j ._J Cl.AlMS·MADC OED I x I Rt:TENTION ' 10 000 WORKl!RS COMPl<NSATIOH AND l!MPLOYl!ltB' LIAlllLITY ANY PROf.>kllff OR/PARTNERIEXECUTIVE OFFICER."'4EMBE!l EXCLUDeO? (MllMlllOry In NH) m·c~= mPERATIONS !>61ow YIN ~NIA PHPK1575701 PHUB563110 11 /18/2016 11/16/201 7 11/1812016 11118/2017 ,_~.E£~ (My QM ~~~l-1--"S ______ N_IA-1 PERSONAL & ADV INJURY $ 1,000.000 ·-- GENERAL AGGREGATE s 3,000.000 PRODUCTS ·COMP/OP AOO 5 3,000,000 1,000,000 EACH OCCURRENC E ' 2,000 ,000 AOGREOATE t--'-'---"-"'-~--·-. $ 2,00 0,000 ·-···· .. ·--- I STolTLJTli I ! ~~ n- ~Et-S.t-J.AG9!~!:!1'.. __ -'-·-·-----1 E L DISEASE • EA EMPLOYEE S r---------+---··- E.L 015eASE • POLICV LIMIT S DE$CRIPTION OF OPl!ltATlONB 1 LOCATIONS I VE;HICLU (ACORD 101 , Addltlonal -r'<• Schtdute, 1111y to. 11t11clle<I rr m<>N •I"'•• lo ,.quhd) Cartificala Holder(&) namtd beloW shlll be l111:iuded 85 ed<fitional insured 116 pertains lo th lli;en seo, $ponsor1hip 01 running of you1 />J Amer1can Soap Box ~ Evenl IO bl llJll on the lollowlng date(s~ TRIAL RU ~ OATE (S): NIA RALLY/RACE OATE(S ~ 51201201 7 RAIN OATE(S): NIA. C~ of Kanai, 210 Fldalgo, Kon•I, N<. 99611 end Kenai Hodtey Rink, 9n5 Kena i Spur tfwt, Kenai, N<. 90011 CERTIFICATE HOLDER CANCELLATION K1m1I KOlllry SHOULD ANY OF THE ABOVE DESCAIB&!D POLICIES BE CAN CELLED BEFORE PO Box2640 THI! l!XPIRATION DAT!< THEREOF, NOTICE WILL BE DELIV£ftED IN Kenai, AK 9961 1 ACCOftDANCE WITH THE POLICY PROVISIONS. AU"T110lt!Z!D ltl!l'tt!Sl!NTA TM! of MMWh USA Inc. I Marie Burge ..'\'Y'\CL.A.~ ""\':3.~~ ~ 1888·2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01 ) The ACORD name and logo are registered mark$ of ACORD 'Viti~ «J/t/t, a Pa.f~ Ot'tj «J/t/t, a ratu.n-II 210 Fidalgo Ave , Kenai , A laska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www. kenai. city MEMORANDUM TO: THROUGH: FROM:~ DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager '?·o · Robert J . Frates , Parks & Recreation Director May10,2017 Amended Special Use Permit -Golden Wheel Amusements Purpose of this correspondence is to inform you that the Specia l Use Permit to Golden Wheel Amusements , approved by Council on April 19, 2017, needs amended . Th e amendment requested will change the set up and operation dates. They were originally scheduled from May 30, 2017 to June 4, 2017, however, due to a scheduling conflict with the ferry, the Alaska marine Highway ca nnot bring them back from Kodiak until June 2nd and June 41h. The new arrival date will be June 5th for set up and open to the public June g•h-11 1h. Tear down would occur June 121h-141h. There is not a scheduling conflict with the use of the grounds and I recommend amending the dates to accommodate their needs. Attachment -amended Special Use Permit SPECIAL USE PERMIT 2017 The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby grants the right to use the Premises, identified on Attachment A to this Permit, to THE LEGACY GROUP, INC. D/B/A GOLDEN WHEEL AMUSEMENTS (Permittee): 1. Use/Term. Permittee shall have use of the Premises on the following days for the purposes of conducting a for-profit carnival open to the general public from 8:00 a.m. on June 9, 2017, through the close of business on June 11 , 2017 . Permittee is scheduled to arrive and set up the carnival on June 5, 2017, and to completely tear down and depart no later than June 14 , 2017. The Carnival shall be operated during hours to be determined by Permittee on June 9 -June 11. 2. Fee. There shall be no rental or use fee for the Premises. 3. No Exclusivity. The use by the Permittee of the Premises is limited to the purposes specified herein and is not intended to grant any exclusive use to the described Premises except as otherwise provided herein. This use is also subject to City, Borough, and State laws and regulations and the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. 4. Sales Tax Compliance. Permittee shall obtain a signed Certificate of Tax Compliance from the Kenai Peninsula Borough and submit a copy to the City prior to execution of this Special Use Permit. Permittee agrees to collect and remit all applicable City and Borough sales taxes. 5. Improvements. Permittee shall not make any permanent improvements to the Premises. 6. Preparation of Premises. It is Permittee's responsibility to prepare the Premises and to assure itself to its own satisfaction that the Premises are safe for its purposes . The City does not make any warranty or guaranty of the suitability of the Premises for Permittee's intended purposes. 7. Restrooms. The City will provide access to the public restrooms which currently exist on the Premises . 8. Trash and Debris. The Premises must be returned to its original condition at the end of the term of this permit. Clean up and/or repair charges beyond normal wear and tear will be billed to Permittee based upon cost of repair. Debris and trash shall be collected and removed from the premises by Permittee. Permittee shall alert City Special Use Permit -Golden Wheel Amusements Page 1of6 (Parks and Recreation Department) of unsightly, unsanitary, dirty or other conditions on the Premises which exist prior to Permittee's use. 9. No Alcohol or Illegal Substances. No possession or consumption of alcoholic beverages, marijuana or illegal substances is permitted on the Premises. 10. No Joint Venture. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 11. Sales and Solicitation. Permittee may sell amusement rides, snacks, drinks and related concessions, and other items and services normally incident to the conduct of a carnival, subject to paragraph 9 above. 12 . Personalty. Any or all personal property placed or used upon lands or in facilities may be removed and/or impounded by the City, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its invitees to the Premises. 13. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Premises. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Permit. 14. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 15. Insurance. Pennittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee's insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability Insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per- occurrence limit of not less than $1 ,000,000 combined single limit. The policy must Special Use Permit -Golden Wheel Amusements Page 2of6 include an endorsement under which the insurer extends coverage to Perrnittee's fuel handling activities . The policy must name the City as an additional insured. B. Worker's Compensation Insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide Worker's Compensation Insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C . Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Perrnittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: 1. All policies will be by a company/corporation currently rated "A-" or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies , certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. m. Permittee shall request a waiver of subrogation against City from Perrnittee 's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least thirty (30) days before any termination , cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by May 15 , 2017. T he effective date of the in surance shall be no later than May 31 , 2017. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written Special Use Permit -Golden Wheel Amusements Page 3of6 demand , Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 16. No Discrimination. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law . Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 17. Contact Information. The Contact information for the Permittee, and the person in responsible charge for Permittee during the term of the Permit, for purposes of notice and all communications from City to Permittee is: Jacqueline Leavitt The Legacy Group, Inc. 18619 Old Glenn Highway Chugiak, AK 99567 Message Phone: 907.688.2296 Mobile Phone: 907 .22 9.4658 Fax: 907.688.2298 Tax I.D.: 92-0 170383 18. Indemnity, Defend, and Hold Harmless Agreement: Permittee agrees to fully indemnify, defend, and hold harmless , the City of Kenai, its officers, agents , employees, and volunteers from and against all actions, damages , costs , liability, claims, losses , judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter co ll ectively referred to as "Liabilities"), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 19 . Authority. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the te1ms and conditions herein and that the person signing this Permit is duly authorized by the organi zation to bind the organization hereunder. Special Use Permit -Golden Whee l Amusements Page 4of6 CITY OF KENAI By: ___________ _ Paul Ostrander City Manager Date THE LEGACY GROUP, INC. By: ____________ _ Jacqueline C. Leavitt President Date ACKNOWLEDGMENTS ST ATE OF ALASKA ) )ss THIRD WDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2017, the foregoing instrument was acknowledged before me by Paul Ostrander, City Manager of the City of Kenai , Alaska, an Alaska home rule municipality, on behalf of the City. STATE OF ALASKA ) )ss THIRD WDICIAL DISTRICT ) Notary Public for Alaska My Commission Expires: _______ _ THIS IS TO CERTIFY that on this __ day of , 2017 , the foregoing instrument was acknowledged before me by Jacqueline C. Leavitt, of The Legacy Group, Inc., an Alaska corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: _______ _ ATTEST: Sandra Modigh, City Clerk SEAL: Special Use Permit -Golden Wheel Amusements Page 5of6 APPROVED AS TO FORM: Scott M . Bloom, City Attorney Y:\Parks & Recreation\SUP\Golden Wheel\20 17 0405 Golden Wheel SU Permit.docx Special Use Permit -Golden Wheel Amusements Page 6of6 Attachment A ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (M MIDD/YYYY) ~ 3/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be e n dorsed. If SUBROGATION IS WAIVED, subject to the ter ms and conditions o f th e policy, certain polici es may require an endo rsement. A statem ent o n this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER A llied Specialty Insurance, Inc . CONTACT NAME: 104 5 1 G ulf Blvd fA~~NJ~ ""'" I r~ Nol: Treasure Isla nd , FL 33706-4 8 14 E-MAIL ADDRESS : INSURERI Sl AFFORDING COVERAGE NAIC # INSURER A : T.H.E . Insuran ce Company 12866 INSURED The Legacy Group , In c. INSURER B : dba: Golden Wheel Amus ements INSURER C: 18619 Old Glenn Highway INSURER D : Chugiak, AK 99567 INSURERE : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO C ERTIFY T HAT THE POLICI ES OF INSURANCE LISTED BELOW HAVE B EEN ISSU ED TO THE INSURED NAMED ABOVE FOR T HE POLICY PER IOD IND ICATED. NO TWITHSTANDI NG ANY REQUI REMENT, TERM OR COND ITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, T HE INSURAN CE AFFORDED BY THE POLICIES DESCRI BED HEREIN IS SU BJECT TO ALL THE TERMS, EXC LUS IONS A ND CONDITIONS OF SUCH POLI CIES. LIMITS SHOWN MAY HAVE BEEN R ED UC ED BY PAID CLAI MS. INSR ADDL ,;>uBR POLICY EFF ,~fil-6~ LIMITS LTR TYPE OF IN SURANCE ... ~ft l ~Uft POLICY NUMBER IMM/00/YYYYl A x COM MERCIAL GENERAL LIABILITY C P P0100912-07 0 4/01/201 7 0410 112018 EACH OCCURRENCE s 1 ,000,00 0 ==i CLAIM S-MADE ~ OCCUR PREMJS~~?E~~.;~nce\ s 100,00 0 MED EXP (Any one person) s N/A - PERSONAL & ADV INJURY s 1,000,0 0 0 - GEN'L AGGREGATE LIMI T APPLIES PER: GENERAL AGGR EGATE s 10,000,000 =i D PRO· D LOC PRODUCTS • COMP/OP AGG s 1 ,000 ,000 POLICY JECT OTHER: s AUTOMOBILE LIABILITY 04/01/2017 A C P P0100912·07 - COMBINED SINGLE LI MIT $ 1,0 00,000 04/01/2018 1"• acciden l\ ANY AUTO BODI LY I NJURY (Per person) s ,._ OWNED ")( SCH EDULED AUTOS ONLY AUTOS BOD ILY INJURY (Per accidenl) S >--HIRED ,___ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY !Per accident \ s ~ ~ s UMBRELLA LI AB H OCCU R EACH OCCURRE NCE $ .....__ EXCESS LIAB CLAIMS-MADE AGGREGATE s OED I I RETENTION $ $ WORKER S COMPENSATION WCP0004679-0 16 X I ~f~TUTE I I OTH-A AND EMPLOYERS' LIABI LI TY 101151 16 1011 511 7 ER YI N ANYPROPRIETOR/PARTNER/EXECUTIVE D NIA E.L. EACH ACCIDEN T $ 1,0 0 0 ,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISE ASE · POLICY LIMIT $ 1 ,000,000 DESCRIPTION OF OPERATIONS I LO CATIONS I VEHI CLES (AC ORD 101, Add itiona l Remarks Schedul e, may b o attached if more apace is requ ired) EFFECT IVE FROM 5130/17 T HROUGH 6 /07117 ADDIT ION AL INSURED: CITY OF KENAI AS RESPEC T S TO TH E GEN ERAL LIABILITY P ERT A IN ING TO THE N EGLIGENCE OF THE NAMED INSU RED O N LY CERTIFICATE HOLDER City of Kena i 210 F id a lgo Ave . Kenai, AK 99611 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANC ELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACC ORDANCE WITH THE POLICY PROVISION S. C ORD CORPORATION. A ll rights rese rved. The ACORD name and logo a re regis t e r ed m a rks o f ACORD 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: FROM: Jamie Heinz, Deputy City Clerk DATE: May 10, 2017 SUBJECT: Harbor Commission Appointment ______________________________________________________________________ With Shauna Thornton’s resignation from the Harbor Commission on May 2, 2017, the Harbor Commission currently has a vacancy that needs to be filled. Mike Dunn has submitted an application expressing interest in filling the vacancy. The term expires December 2017. Mayor Gabriel has requested this applicant be added to the meeting agenda for his nomination and consideration of Council’s confirmation. A committee/commission vacancy shall be filled by nomination of the Mayor and confirmation by the Council (KMC 1.90.010). Your consideration is appreciated. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: FROM: Jamie Heinz, Deputy City Clerk DATE: May 10, 2017 SUBJECT: Borough Planning Commission Recommendation ______________________________________________________________________ The City of Kenai seat on the Borough Planning Commission is currently vacant. Borough Mayor Navarre has requested a list of recommendations from City Council by May 22, 2017 for appointment to a partial term expiring July 31, 2019. We have received applications expressing interest for recommendation to the Borough from Diane Fikes and Christine Hutchison. One or more candidates may be nominated and confirmed to be included in the list of recommendations to be submitted to Mayor Navarre for appointment to the Borough Planning Commission. Your consideration is appreciated. Attachments Sandra Modi h From: info@ci.kenai.ak.us Sent: To: Saturday, April 29 , 2017 5: 19 PM 0 City Clerk /).-~ Subject: Form submission from: Commission/Committee Applicatio OF KE.~ Submitted on Saturday, April 29, 2017 -5 :18pm Submitted by anonymous user: 24.237 .249 .241 Submitted values are: Date : Mon , 05/01 /2017 Name: Christine Hutchison Resident of City of Kenai? Yes If resident, how long? 25 years. Since 1992 Residence Address : 281 Juliussen Street, Kenai, AK 99611 Mai lin g Address: 281 Juliussen Street, Kenai, AK 99611 Home Telephone: 907/252-7442 Home Fa x: Business Telephone: Business Fax: Email address: designone@gci.net May we include your contact information on our website? Yes If not all, what may we include? Employer: Design One Job Title : Partner Name of Spouse: Partner -Mark Scheffert Current Membership in Organization: Crime Stoppers Board , Republican Party; Past organizational memberships : Committees or commissions in which you are interested : Planning and Zoning of Kenai Peninsu la Borough Why do you want to be involved with this commission or committee? Believe :past work experience and volunteer efforts could be put to further use in public service of planning and zoning . What background , experience , or credentials do you possess to bring the board , commission , or committee membership? Background of a College education; Better Business Bureau management; Kenai peninsula borough street renaming project; legal secretary/paralegal work experience, all contribute to ability to read , understand and discuss technical and legal documents. Experience of years of oil and gas employment and public contact efforts also contribute to ability to understand the perspective of private citi zens as well as effective public service. The results of this submission may be viewed at: http ://www.kenai . city/node/146/subm ission/566 1 Sandra Modigh From: Sent: To: info@ci.kenai.ak.us Monday, May 01 , 2017 6 :54 PM City Clerk Subject: Form submission from : Commission/Committee Application Submitted on Monday, May 1, 2017 -6 :54pm Submitted by anonymous user: 192.189.187.102 Submitted values are : Date: Mon , 05/01/2017 Name: Diane Fikes Resident of City of Kenai? Yes Received If resident , how long? 6 1 /2 years Residence Address : 307 Linwood Ln . MAY OJ Z017 Mailing Address: 307 Linwood Ln . Home Telephone: 907-440-8730 Home Fax : Business Telephone : Business Fax: Email address: dmfikes@yahoo .com May we include your contact information on our website? Yes ff not all , what may we include? Employer: Fedex Job Title: Feeder Agent Name of Spouse: Current Membership in Organization : Kenai City Planning and zoning Past organizational memberships: Committees or commissions in which you are interested : Kenai Borough Planning zoning for the city of Kenai Why do yo u want to be involved with this commission or committee? I am a life long Alaskan born in Anchorage and have served the city of Kenai as commissioner on the planning and zoning board for 2 terms now.I have traveled to Anchorage for commissioner training twice now and have been elected vice chair.I would like to take my current experience and skill set as a commissioner and property owner in Kenai and serve the city of Kenai at the borough level.I willing to travel to attend meetings in other areas on the pen insula and am w illing to listen and research all issues to make informed decisions.I enjoy being involved in the community I live in. What background , ex perience, or credentials do you possess to bring the board , commission, or committee membership? Currently serve the city of Kenai as planning and zoning commissioner.This has given me an opportunity to hear from folks in our town speak to the issues that effect all of us on the Kenai. I have learned how to better listen and acknowledge everyone who comes forward to be heard regardless of my own personal views.I have participated in town hall meetings and various work sessions to assist the city with our Comp plan as well as airport land issues . The results of this submission may be v iewed at : http://www. kenai .city/node/146/su bm ission/567 1 KENAI PENINSULA BOROUGH 144 North Bin kle y Street• Soldotna . Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441 PHON E: (907) 262 -4441 •FAX: (907) 262-1892 A pril 10. 2017 Mayor Brian Gabriel City of Kenai 210 Fidalgo Ave . Kenai. AK 9961 1 Dear May or Gabriel , OF kpb .us ~s c~ <v~ (Y B.ece'-Jeo ' t, 't\\\1 \\VR M IKE NAVAR RE BOROUGH MAYOR REVIEWED BY COUNCIL I NO ACTION TAKEN Date: i:J\?\ L 1 ~ Mr. James Glendening represented th e City of Kena i on the Kenai Peninsula Borough Pla1ming Commission s ince March 20 15 . Mr. Glenden ing re cently s ubmitted his re s ignation from the Commission. In accordance with AS 29.40.020. appointments to the Kenai Peninsula Borough Planning C ommission are made b y the Borough M ayo r. Commission members from a home rul e or first class city shall be selected by the Borough Mayor from a list of reconunendations made by the City Council. I would appreciate a list of recommend ed candidates to fill the vacancy for thi s post. Ca ndidates must be qualified voters of the · Kenai Peninsula Borough who res ide within the City of Kenai. It would be helpful if I could receive your council approved suggestion s b y May 22 , 2017. Assembl y confirmation of appointments to the Ke nai Peninsu la Borough Planning Commission is tentativel y scheduled for June 6. 2017. Thank you fo r your time and attention with this requ est. I look forward to receiving your list of candidates for this service. Sincerely , ~~ Mike Navarre Mayor cc: Planning Commission Chair KPB Planning Department City of Kenai KENAI AIRPORT COMMISSION APRIL 13, 2017 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: G. Feeken, J. Bielefeld, C. Henry, P. Minelga, J. Zirul, K. Dodge D. Pitts Staff/Council Liaison Present: Airport Manager M. Bondurant, Airport Assistant E. Shinn, City Attorney S. Bloom, City Manager P. Ostrander, Council Member H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Bielefeld MOVED to approve the agenda with the removal of Item #2 – Election of Chair and Vice Chair and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 2. ELECTION OF CHAIR AND VICE CHAIR [Removed from the agenda during Agenda Approval.] 3. PERSONS SCHEDULED TO BE HEARD – None. 4. UNSCHEDULED PUBLIC COMMENT – None. 5. APPROVAL OF MEETING SUMMARY a. January 12, 2017 MOTION: Airport Commission April 13, 2017 Page 2 of 3 Commissioner Bielefeld MOVED to approve the meeting summary from January 12, 2017 and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 6. UNFINISHED BUSINESS a. Discussion – Airport Leasing Policy City Attorney, S. Bloom, updated the Commission on the progress and his findings regarding changes that were needed in leasing airport lands. b. Discussion/Recommendation – Master Plan Update It was pointed out that a meeting was scheduled with the Technical Advisory Committee to discuss chapters nine and ten. MOTION: Commissioner Minelga MOVED to approve the Goals and Objectives and Zirul SECONDED the motion. There were no objections; SO ORDERED. 7. NEW BUSINESS a. Discussion/Recommendation – FY18 Budget City Manager, P. Ostrander, provided an introduction to the FY18 Airport Budget. MOTION: Commissioner Henry MOVED to approve the Special Use Permit to Evert’s Air and Feeken SECONDED the motion. There were no objections; SO ORDERED. b. Discussion/Recommendation – Special Use Permit to United Parcel Service It was noted that the Special Use Permit was for use of 4,000 sq. ft. for aircraft loading and parking. MOTION: Commissioner Dodge MOVED to approve the Special Use Permit to United Parcel Service and Commissioner Minelga SECONDED the motion. There were no objections; SO ORDERED. c. Discussion/Recommendation – Special Use Permit to Empire Airlines It was noted that the Special Use Permit renewal was for use of 11,250 sq. ft. of apron space for aircraft parking. MOTION: Commissioner Dodge MOVED to approve the Special Use Permit to Empire Airlines and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. Airport Commission April 13, 2017 Page 3 of 3 d. Discussion/Recommendation – Consent to Assignment of Lease for Security Purposes for Crowley. It was noted that the Consent to Assignment of Lease was to Bank of America for security purposes. MOTION: Commissioner Zirul MOVED to approve the Consent to Assignment of Lease for Security Purposes for Crowley and Commissioner Dodge SECONDED the motion. There were no objections; SO ORDERED. 8. REPORTS a. Airport Manager – reported on the following: • Airport Marking Project beginning; • Staff attended mandatory annual Wildlife Hazing Training; • Updated the Tarmac Delay Plan; • Planning for the Annual Kenai Peninsula Air Fair was ongoing; June 10; at least one F22 would be participating. b. City Council Liaison – reported on various actions at recent Council meetings. 9. NEXT MEETING ATTENDANCE NOTIFICATION – May 11, 2017. Commissioner Zirul noted he would be unable to attend the meeting. 10. COMMISSIONER COMMENTS AND QUESTIONS – None. 11. ADDITIONAL PUBLIC COMMENT – None. 12. INFORMATION ITEMS – None. 13. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:33 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC Deputy City Clerk KENAI HARBOR COMMISSION MEETING APRIL 10, 2017 – 6:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR SHAUNA THORNTON, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Commission Chair Thornton called the meeting to order at 6:00 p.m. Roll was confirmed as follows: Commissioners present: B. Peters, J. Desimone, S. Thornton, C. Hutchison, G. Greenberg, R. Koch, N. DuPerron Commissioners Absent: None Staff/Council Liaison present: Public Works Director S. Wedemeyer A quorum was present. 2. AGENDA APPROVAL MOTION: Commissioner Hutchison MOVED to approve the agenda with the addition of the additional packet materials provided by the laydown; Commissioner Desimone SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. March 6, 2017 MOTION: Commissioner Peters MOVED to approve the meeting summary of February 6, 2017 with change of that Commission Chair Thornton called the meeting to order and Commissioner Hutchison SECONDED the motion. There were no objections; SO ORDERED. 5. PERSONS SCHEDULED TO BE HEARD – None. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Discussion – Harbor Commission Duties and Responsibilities Options for the future of the Harbor Commission, including doing nothing, defining duties and responsibilities, meeting less frequently, and sun setting were discussed. There was suggestion Harbor Commission Meeting April 10, 2017 Page 2 that a defensible process be utilized to determine a path forward. The Glaser’s Process was mentioned as a possible procedure to be used. 8. REPORTS a. Public Works Director – S. Wedemeyer noted the mud would be removed from the boat ramp in late April. b. Commission Chair – No Report. c. City Council Liaison – No Report. 9. NEXT MEETING ATTENDANCE NOTIFICATION – May 8, 2017 10. COMMISSIONER COMMENTS/QUESTIONS All Commissioners welcomed N. DuPerron aboard. Commissioner Greenberg mentioned the upcoming Silver Salmon Derby. 11. PERSONS NOT SCHEDULED TO BE HEARD 12. INFORMATION – None. 13. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:09 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC, Deputy City Clerk KENAI PARKS & RECREATION COMMISSION APRIL 6, 2017 CITY HALL COUNCIL CHAMBERS 7:00 P.M. VICE CHAIR NOEL WIDMAYER, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Vice Chair W idmayer called the meeting to order at 7:05 p.m. Roll was confirmed as follows: Commissioners present: N. Widmayer, J. Halstead, T. Wisniewski, J. Hudson, S. Thornton Commissioners absent: C. Stephens Staff/Council Liaison present: Parks & Rec Staff Director B. Frates, Council Liaison J. Glendening A quorum was present. 2. AGENDA APPROVAL MOTION: Commissioner Halstead MOVED to approve the agenda; Commissioner Thornton SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. March 2, 2017 MOTION: Commissioner Halstead MOVED to approve the meeting summary of March 2, 2017 and Commissioner Thornton SECONDED the motion. There were no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD – None. 5. PERSONS PRESENT NOT SCHEDULED – None 6. UNFINISHED BUSINESS – None 7. NEW BUSINESS a. FY18 Draft Budget The FY18 Draft Budget was reviewed. Director Frates noted the budget was conservative but felt comfortable with where the department came in; also noted capital project submittals were still under review. It was clarified that the cemetery expansion was a top priority and that bleacher replacement for the softball fields had been included in the capital project requests. Parks and Recreation Commission Meeting April 6, 2017 Page 2 b. 2017 Summer Project List The summer project list was reviewed noting upgrades to the softball field. c. Cemetery Expansion Project – Phase I Site Design Revision Director Frates explained that the architect firm had completed initial revisions to the Phase I design, mostly pertaining to creating more separation between the plot areas for ease of maintenance and eliminating the need for people to traverse over another’s plot. Plot arrangements, counts, road, and fencing were also discussed. 8. REPORTS a. Parks and Recreation Director – Parks and Recreation Department Director Frates reported on the following: • Pathways to Poetry project; • Status on outdoor skating and trail grooming; • Summer temporary hire process; • Little Free Library Station project. b. Commission Chair – Commission Vice Chair W idmayer noted the March Ice Schedule included as an informational item. c. City Council Liaison - Council Member Glendening reviewed miscellaneous actions at the City Council level. 9. NEXT MEETING ATTENDANCE NOTIFICATION – May 4, 2017 Commissioner Halstead noted he would be unable to attend. 10. COMMISSION QUESTIONS & COMMENTS – None 11. PERSONS PRESENT NOT SCHEDULED TO BE HEARD – None 12. INFORMATION – None. 13. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:00 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC Deputy City Clerk 'V/ff~e «1it~ a Pacf~ Ct'tj «1/t~ a f°u.ttl.l"e" 2 10 Fidalgo Ave , Kenai , Alaska 99611-7794 Te lephone: (907) 283-75351 Fax: (907) 283-301 4 www. kenai .city MEMORANDUM TO : THROUG ~ FROM: '{(j)' DATE : Mayor Brian Gabrie l and Kenai City Counci l Paul Ostrander, City Manager ?, 0 · Robert J . Frates , Parks & Recreat ion Director May 9 , 2017 SUBJECT: Parks & Recreation Commission's FY18 Funding Request Purpose of this memorandum is to inform you that the Parks & Recreation Commission, at their last regular meeting of May 4, 2017, requested Council consider designating an additional $7, 164.23 in the Parks & Recreation Department's FY18 Machinery & Equipment account for the purchase of b leachers . The Kenai Rotary Club has applied for a $3,000 grant to assist t he department with the replacement of aging bleachers at the Steve Shearer Memorial Ball Park. Grant awards will not be announced until July 2017. Admin istration's recommendation was to match the Rotary Club's contribution and order two bleachers during the FY18 budget cycle and plan for the purchase of two more in FY19 . Since there are four bleachers that need replaced, the Commission felt it was more economical to replace all four bleachers at the same time . Additionally, the purchase would be made through the National Intergovernmental Purchasing Alliance (NIPA) awards program as allowed by KMC 7 .15.050(f) providing for the purchase of supplies, materials, equipment or contractual service under the contract of another governmental agency in which the City is authorized to participate . The total projected savings utilizing the NIPA awards program is $7,300. Cost Item Description 5 Row, 15' Aluminum Bleacher Sh ippinq Kena i Rotary Club Contribution P&R FY18 Available Unit Ea P&R FY18 Commission 's Appropriation Request Total Qty 4 Unit Price $2,861 .79 Total Esti mate $3 ,000 .00 $3 ,000.00 $7 ,164.23 $13 , 164.23 Sub-total $11,447.16 $1 ,717.07 $13,164.23 010 ·Black NK642077 419. Navy 657 -Scarlet .( S Row, I 5' Anodized Aluminum with Chain· link Fendng BLEACHERS WITH flNCING • Frames are 100% welded aluminum angle • Planks are I O"W HIGHLIGHTED /TENS SHIP IN 24 HOURS •Seat planks are anodized aluminum or powder coated and won't rub off on clothes • Bleachers include guardrail system and riser boards on rows '4 and above • Colored bleachers include colored seat planks only • Planks include safety end caps • no sharp edges to snag clothes or skin • Due to constantly changing specifications, pleue check local building and safety • co des to ensure compliance 5 Year Umltad Warranty CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 10 , 2017- 7:00 P.M. COMMISSION CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commission Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Commission Chair Twait led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: R. Springer, K. Peterson, G. Greenberg, V. Askin, D. Fikes, J. Twait Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Deputy City Clerk J. Heinz, and Council Liaison J. Glendening. A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda; Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e. *Excused Absences – J. Halstead. 2. *APPROVAL OF MINUTES: April 26, 2017 Planning and Zoning Commission Meeting May 10, 2017 Page 2 Minutes were approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None. 5. CONSIDERATION OF PLATS: a. PZ17-11 - Original Preliminary plat of Soares Subdivision, submitted by Johnson Surveying, P.O. Box 27, Clam Gulch, AK 99568 on behalf of Frank and Sherian Soares, 1025 2nd St., Kenai, AK 99611 City Planner Kelley reviewed his staff report provided in the packet noting the plat reconfigured the lots within the subdivision to allow for the construction of a home without water sewer lines crossing a vacant lot and recommended the permit be approved with the following conditions: • Further development must comply with all Federal State, and local regulations; • Signature lines and notary acknowledgements should be added to the plat for the signatures of Frank and Sharian Soares; and Ernest H. and Rhonda L. Hunt; • Notations should be added to the plat to indicate that the rights-of-way for East Aliak Drive and Cinderella Street are being dedicated by the plat; • The utility easements as referenced in the plat notes should be delineated on the plat; • Remove solid lines encompassing the notation,”50’ BLM ROW easement,” from the plat, as it appears that this would not be a property line. The Northern property line of proposed lot 13A should be shown along the Southern dashed line of the fifty foot (50’) BLM right-of-way easement; • Parcel Two is included in the plat and should be labeled accordingly (i.e. Lot 13B); • The Certificate of Survey block should be added to the plat; • The name of Cinderella Lane should be changed to Cinderella Street; • A building permit will not be issued until such time as the plat is recorded vacating the property lines between Parcel One and Two; • A water and sewer permit will not be issued until such time as the plat is recorded vacating the property lines between Parcel One and Parcel Two. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ17-11 and Commissioner Peterson SECONDED the motion. Commission Chair Twait opened the public hearing. Gerry Johnson, surveyor, noted the rights-of-way had been reserved by BLM and were proposed to be 50-feet; disagreed that the Hunts needed to sign as he believed there were no rights-of-way issues. There being no one else wishing to speak, public hearing was closed. It was clarified that it appeared the adjacent home was within setbacks and if the house predated Planning and Zoning Commission Meeting May 10, 2017 Page 3 code it could be considered pre-existing non-conforming and would not be able to be expanded. Further clarified that any sheds on the lot line would be a civil matter to be addressed by property owners. MOTION TO AMEND: Commissioner Peterson MOVED to amend by deleting, “and Earnest H. and Rhonda L. Hunt,” from item b of the recommendations and Commissioner Peterson SECONDED the motion. VOTE ON AMENDMENT: YEA: Springer, Peterson, Greenberg, Askin, Twait, Fikes NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND : Commissioner Greenberg MOVED to amend by combining the 30-foot right-of-way and the 20- foot easement and creating a 50-foot right-of-way and Commissioner Springer SECONDED the motion. Staff clarified that his recommendation, “e,” accomplished the same thing. The motion was withdrawn. VOTE ON THE MAIN MOTION: YEA: Springer, Peterson, Greenberg, Askin, Twait, Fikes NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: a. Authorizing the City Planner to draft and send a letter to the Kenai Peninsula Borough supporting a request by the developers of Kee’s Tern Subdivision for a two- year time extension. Planner M. Kelley noted there wasn’t a process in code for time extensions so brought it to the Commission as an approval item to bring it to the Commission’s attention. MOTION: Commissioner Peterson MOVED to authorize the City Planner to draft and send a letter to the Planning and Zoning Commission Meeting May 10, 2017 Page 4 Kenai Peninsula Borough supporting a request by the developers of Kee’s Tern Subdivision for a two- year time extension and Commissioner Fikes SECONDED the motion. VOTE: YEA: Springer, Peterson, Greenberg, Askin, Twait, Fikes NAY: MOTION PASSED UNANIMOUSLY. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Glendening reviewed the Action Agenda of the May 3 City Council meeting which was provided in the packet. b. Borough Planning – Borough Planning Commissioner Glendening reviewed actions from the May 8 meeting. c. Administration – City Planner M. Kelley reported his office was busy with applications for summer construction; intended to look into introduction of a sign ordinance; work ongoing with the landscape site plan ordinance. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: May 24, 2017 Commissioner Peterson noted he would be absent. 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Askin noted she was excited to learn that the theater and adjacent building had been sold and was looking forward to its future. Commissioner Greenberg echoed Commissioner Askin’s comments. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:44 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Deputy City Clerk KENAI BEAUTIFICATION COMMITTEE APRIL 11, 2017 – 7:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR LISA GABRIEL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Chair Gabriel called the meeting to order at 7:10 p.m. Roll was confirmed as follows: Members present: Chair L. Gabriel, B. Madrid, S. Peterson, R. Sierer Members absent: T. Canady Staff/Council Liaison present: Parks and Recreation Director B. Frates, Council Liaison J. Glendening. A quorum was present. 2. AGENDA APPROVAL MOTION: Committee Member Peterson MOVED to approve the agenda with the addition of New Business item 7.C. – Beautification Brochure and Member Sierer SECONDED the motion. There were no objections; SO ORDERED. 3. ELECTION OF CHAIR AND VICE CHAIR MOTION: Committee Member Sierer MOVED to nominate Lisa Gabriel as committee chair and Member Madrid SECONDED the motion. There were no objections; SO ORDERED. MOTION: Committee Member Sierer MOVED to nominate Shelly Peterson as committee vice chair and Member Madrid SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. January 10, 2017 MOTION: Committee Member Peterson MOVED to approve the meeting summary of January 10, 2017, and Committee Member Sierer SECONDED the motion. There were no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD – None. 5. UNFINISHED BUSINESS – None 6. NEW BUSINESS Beautification Committee Meeting April 11, 2017 Page 2 a. Discussion – Volunteer Plant Day It was decided Volunteer Plant Day would be scheduled for June 3, 2017 from 10:00 a.m. to 12:30 p.m. It was suggested the Garden Club be contacted for possible advertising. b. Discussion – 2017/2018 Goals and Objectives Beautification goals and objectives were reviewed; adding lights to the “All American City” sign, adding Lamium to the bed design at Airport Triangle, and “Pathway to Poetry,” were topics discussed. c. Discussion – Beautification Brochure Director, B. Frates, noted his staff had been working on preparing a beautification brochure and provided a draft brochure; also noted the brochure would contain gardening tips, community gardens, etc.. It was suggested the educational component at Wildflower Garden could also be included. 7. REPORTS a. Parks and Recreation – Director B. Frates reported on the following: • Kenai Rotary Club interested in assisting with a park project; • Provided an update on summer hiring; • Nordic grooming and Daubenspeck ice skating finished for the season. b. Committee Chair – Chair Gabriel suggested occasionally grooming a winter trail through the Wildflower Garden area. c. City Council Liaison – M. Boyle noted cost efficiencies had been built into many of the beautification projects; provided an update on the actions from the April 5 council meeting; thanked the committee for their work. 8. NEXT MEETING ATTENDANCE NOTIFICATION – May 9, 2017 9. COMMITTEE MEMBER QUESTIONS AND COMMENTS Committee Chair Gabriel asked about the incorporation of landscape site designs in the Beautification packets. 10. PERSONS NOT SCHEDULED TO BE HEARD – None. 11. INFORMATION – None. 12. ADJOURNMENT There being no further business before the Committee, the meeting was adjourned at 8:25 p.m. Beautification Committee Meeting April 11, 2017 Page 3 Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC, Deputy City Clerk 'V/ff~ a1/th a Po..f~ Ot'tj a1/th a Fu.tal"e" 210 Fidalgo Ave, Kena i , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city May 2017 -Airport Managers Report Master Plan -Phase Ill report (draft)-The Technical Advisory Committee is meeting on Friday, May 12th to discuss the Phase Ill report. 2016 Small Taxiway & Aircraft Tie down Project -The project has attained substantial completion . An ordinance appropriating additional funds is in the May 17th City Council packet for the new apron flood light work . After installation of the new flood lights, the project will be closed out. 2016 Security Camera Project -The FAA granted CE clearance for construction on February 3 , 2017. Airport Manager met with the FAA and the 1st phase of this project will be for security cameras that are grant eligible with a new access control system for the automated gates. This will get the infrastructure in place and allow for future camera expansion should it be necessary. 2016 Improved Airport Drainage -Project has attained substantial completion . An ordinance to appropriate funds is in the May 17th City Council packet for additiona l drainage work. After the drainage is repaired, the project will be closed out. 2016 Airfield Marking Project -Th is project is scheduled to start the week of May 22n d. 2017 Terminal Rehabilitation Project -Environmental & Planning Grant -Airport Manager submitted the CAT EX documents to the FAA for rev iew on April 6, 2017; awaiting environmental clearance. City Administration is also reviewing the Scope of Work fro m Wince-Corthell-Bryson. In-house : 17th Annual Kenai Peninsula Air Fai r -Airport staff is starting to work on the KPAF to be held on Saturday , June 10th. If you have any ideas or wish to help please contact Erica at 283-7951 . It always is a fun event! Page 2 of 2 April 2017 Runway Safety Action Team -Meeting will be held at City Council chambers on Wednesday, May 10. This meeting is conducted in accordance with FAA Order 7050 .1 to administer a runway incursion prevention safety meeting at all towered airports. 'tftff~ «1/t/,; a PaJ'~ Ot~ «1/t/,; a Fatal"e" 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager "\7·0 ' Terry Eubank, Finance Director 1 { May 10, 2017 Finance Department, May 2017 Mid-month Report The past month has been a busy one with much of the department's focus on the preparation of the City 's FY2018 Budget. Budget Ordinance introduction is scheduled for the May 17th Council meeting and adoption on June 71h. City code requires adoption by June 1 oth. The Reso l ution establishing the 2017 mill rate will be included in the packet for adoption June 7th to coincide with adoption of the FY2018 Budget Ordinance . The department is working on a renewal plan with PREMERA Blue Cross Blue Shield of Alaska for employee health care insurance. A resolution authorizing renewal will be before Council for passage at the June 7th Council meeting. The City was successful in negotiating a 12% permium increase for FY2018 despite continued large claim issues. Renewal plans include representative from Wells Fargo Insurance, the City 's health insurance broker, and PREMERA meeting with employees in early June. The department submitted its property, liability and workers ' compensaton insurance premium credit application for the upcoming renewal year. This is a large document that takes cooperation from all departments. Special thanks is owed to Ms . Feltman of Public Works for her assistance in putting the document together. This document is a bit time consuming but has reduced the City 's insurance costs by an average of $40 ,000 per year. The document shows the commitment to safety, training and education by the City and its employees . A resolution authorizing renewal of coverage for FY2018 will be before Council for passage at the June 7th Council meeting. The department is actively developing a new app for the Personal Use Fishery. A demonstration is being planned for Council at one of the upcoming Coucil meetings . In add ition to the app , the department is working on deployment of new cameras and network infrastructure to support the 2017 fishery . I will be attending the annual conference of the Government Finance Officers Association of the United States and Canada which is being held in Denver, Co . May 21-24. This conference Page 2 of 2 Finance May 2017 Mid-month Report provides comprehensive training on trends in governmental accounting as well as discussion on new accounting standards that have or will soon be issued. I appreciate the opportunity to attend this training. 'Vtff ~ w/t/i a Pacf~ Ct~ w/t/i a Fu.t~ " 210 FidalgoAve, Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www. kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Paul Ostrander, City Manager rz. o- David Ross , Police Chief 5/10/2017 Police & Communications Department Activity -Month of April 2017 Police handled 683 calls for service . Dispatch received 261 9-1-1calls,204 of which came from cell phones. Officers made 49 arrests and wrote 225 reports. Traffic enforcement resulted in 183 warnings, 25 citations for speeding , 6 citations for equipment violations, 3 citations for seatbelt violations, and 63 citations for "other." There were 8 DUI arrests (0 felony). Officers investigated 5 motor vehicle crashes . There were no collisions involving moose and there was one invol ving a DUI. On April 3-4, twelve KPD officers attended an Airport Wildlife Hazing class held in Kenai. On April 18-19, five KPD officers attended Advanced Law Enforcement Rap id Response Training (ALERRT). This is a standardized training for active shooter response and was hosted by the FBI in Kenai. On April 24-28 two KPD supervisors, along with the Animal Control Ch ief, attended an FBl-LEEDA supervisor leadership class in Kenai. On April 27, one KPD officer presented at an FBI Joint Terrorism Task Force train ing in Anchorage. On April 19· one dispatcher attended a Mental Health First Aid training in Anchor Point. The School Resource Officer (SRO) continued to teach DARE classes at both Mountain View Elementary and Kaleidoscope Elementary during the month of April. Additionally, he conducted multiple elementary school tours of the police department, taught alcohol ed ucation classes a t KCHS, and was present for their prom. 'lltf f a;-e «1/tli a Pa~~ Ct'tj «11'tli a Fa tfl.l"e 11 210 Fidalgo Ave , Kenai, Alaska 99611-7794 Telephone : (907) 283-7535 I Fax : (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ?..O · Matt Kelley, City Planner A.(_ May9, 2017 Planning Division -May Mid-Month Report Planning and Zoning Resolutions Approved: April 13. 2017 -May 9. 2017 PZ17-09 -Application for an Encroachment Perm it to recognize an encroachment into the side yard setback for an existing two story single-family residence. The residence was constructed at a distance of approximately 13.8 feet from the side property line where 15 feet is required. The property is located at 1300 Channel Way ; and further described as Lot 11, Block 9 , Inlet Woods Subdivision Part One. The Application was submitted by Jason Followell, 1300 Channel Way , Kenai Alaska 99611. Building Permits Issued: April 13, 2017 -May 9, 2017 Permit# Date Owner Address Improvement Valuation Residential I Issued Commercial B5312 4/17/2017 David 208 Birch 960 Sq . Ft. $100,000 Residential Coombes Street SFD B5313 4/27/2017 Casey 515 Ames 240 Sq. Ft. $6,000 Residential Bierner Rd . Storage Buildinq Page 2 of 2 Planning Division May Mid-Month Report Code Enforcement Activities Planning & Zoning currently has 7 active code cases : Junk Vehicles 7 Debris & Junk 0 Garbage 0 Building Code Violation 0 Miscellaneous Code Violation 0 Cases tran sferred to Legal Department/Civil 0 Penalties bein g assessed. TOTALS: 7 Code Enforcement Action during the months of Aril -May 2017: I C losed Cases Opened Cases 'litfftlje, «1/t/i a Pa.f~ Ct't? «1/t/i a Fu.tfl.l"e '' 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai .city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ?.<.?· Sean Wedemeyer, Public Works Director/Capital Projects Manager S}A !,Al May, 2017 Mid-Month Report; Public Works I Capital Projects • Recruitments -Recruitment for 2 Water & Sewer Operators ongoing. Lead Operator position filled by the current Water & Sewer Operator James Hegar. • WWTP Improvements -Pre-design in progress. • New Reservoir -Closeout in progress . • Recoat Existing Reservoir -Construction in progress. • Public Safety Building Improvements-To be funded and bid in FY18 . • South Beach Road -Close out in progress. • Airport Security Camera Replacement -Airport manager responsible for determining scope of work. • Small Taxiways and Aircraft Tiedown Rehabilitation -Ordinance required to fund lighting improvements. • Terminal Building Rehab Conceptual Plan and Design -Negotiations with Consultant in progress . • 2016 Improved Airport Drainage -Winter shutdown. Ordinance required to fund additional work. • Kenai Airport Airfield Marking and Signage 2016 -Construction in progress. • Vintage Pointe Roof Screw Replacement -Completed. Close out in progress. • Dock repair -Administration to determine scope of work and funding . • Inlet Woods Storm Drains -Notice to Proceed provided to Contractor. Will be complete before June 15. • Flight Service Station Phase 3 (Interior remodel) -Waiting on FAA to complete their project. • Animal Control Kennel Painting -Funding required . • Senior Center Dining Room Atrium Replacement and Roof Repair -Resolution to award May 17. • Purchase Sander Trucks -Specifications in development. Will wait until FY18 budget approved . • Rec Center Improvements -RFP for design closes May 12. • USACE Bluff Erosion -The USACE D.C. HQ informed us that they are now waiting for additional information from the Alaska District. USACE will advise us when the presentation and open house might occur after they reach concurrence on the Tentatively Selected Plan (TSP.) • DOT KSH Rehab (Widening to 5 lanes) Phase 1 Swires Rd. to Eagle Rock Dr. to Bid in July 2017. • DOT KSH Rehab (Widening to 5 lanes) Phase 2 Eagle Rock Dr. to Sports Lake -to Bid in 2018. • DOT KSH Rehab (Grind and pave) MP 12.25 to 18.52 -Possible construction in 2018. • DOT Beaver Loop Road and Pedestrian Pathway Project -Possible construction in 2018, likely 2019. MEMORANDUM 'Vtfla;-e «J/t/t, Q Pa~~ e'ti «J/t/t, Q Fu.tan II 210 Fid a lgo Ave , K enai, Alaska 99611-77 94 Tel ephone: (907) 283-7535 1 Fax: (907) 283-30 14 www.kenai .city TO: THROUGH: Mayor Brian Gabriel and Kenai City Cou ncil Paul Ostrander, City Manager FROM: DATE: SUBJECT: Rachae l S . Craig , Senior Center Director May 6, 2017 Monthly Report April 2017 NTS Choice Home Meals 60+ Service Area 46 1003 11 320 Clients Meals Clients Meals 60+ Outside Service 1 28 2 54 Area Clients Meals Clients Meals Under 60+ Service 1 28 5 181 Area Client Meals Clients Meals Under 60+ Outside 2 56 Service Area C lient Meals Clients Meals Subtotals 48 1059 20 611 C lients meals Cli e nts Meals Total NTS and Choice Waiver Meals Clients: 68 1670 T he current Choice Waiver meal rate is $21 .15 for a congregate meal and $21.47 for a home mea l a client must be nu rsing home e ligible and meet Medica id income guidelines and approved by the state for a care plan . The Nutrition , Transportation and Services Grant allows for sen iors t o make a suggested donation. In May the suggested donation wen t up to $7 .00 pl us$. 70 per meal USDA Grant. Sen iors have been accept i ng of th is increase . There were 1,058 .57 vo lunteer hours during the month of April. There were two rentals th is month. The seniors hosted the annua l Ju nior-Senior Prom Breakfast at 4:00a .m.on Sunday t he 9th of May with approximately 125 junior and senior stude nts attended the breakfast. The computer program , "myseniorcenter," continues to pro vide good statistics for us . It is interesting to note 29% of the sen iors we serve are from the 60 -69 age group , 33 .3% a re age 70 -79 , 11 .7% are aged 80-84 and 17.6% are over 85 years of age . T he remaining 8.4% w ho use the Center are within the 55 year old age group. 75 .2 % live in the City of Kenai, 24 .8 % live outs ide the city limits . 'Vtffap «1/t/z, a Po.~~ e~ «1/t/z, a Fat~ JI 210 Fidalgo Ave , Kenai, Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.kenai.city PARKS & RECREATION MID-MONTH REPORT May 2017 The department has been busy perfonning a host of seasonal maintenance requirements. To date, activities have primarily included turning on water at various locations, opening up restrooms, sand removal, managing greenhouse activities, thatching turf areas and opening up the ball diamonds for use. Operator Randy Dodge has been actively clearing out flowerbeds and prepping for planting next month . The greenhouse operations are going smoothly with a few exciting plans for this season, particularly the repurposed wood pallets and stackable planters. The stackable planters will be similar to last year's terra-cotta pots, but are larger and easier to transport and set up. Staff constructed a cold frame adjoining the greenhouse which will allow for a more efficient and effective way of hardening off plants . The KCHS baseball and softball teams are enjoying a great season. The boys play on the Kenai Little League Field #2 wh ile the girls p lay at the Steve Shearer Memorial Ball Park Field #3. The Kenai Comp . Soccer Association has started play as well out at the Kenai Sports Complex. The Kenai Little League will hold their opening ceremonies on May 13th . Staff repurposed an old storage locker that will be placed at the Kenai Little League Fields to store field maintenance supplies. The Kenai Lions Club and Kenai Chamber's Spring Clean-up is in full swing. It's great to see folks out picking up along the street and highway right-of-ways , various open spaces and neighborhoods areas . KCHS student, Phillip J. Rhodes completed his fish scene for the Parks & Recreation Department. The original plan was to mount this to the brick wall at the end of South Forest Drive. However, it was decided this piece is better suited for inside viewing, perhaps City Hall or at the Kenai Airport. The Unocal Retiree 's Association volunteered to build the first Little Free Library. It is anticipated that this wi ll be installed near the pathway to Poetry trail along the back-side of Municipal Park. There were a total of 85 submittals for the poetry calling . Thanks to the folks at the Wildwood Correctional Facility, the top cap resting on top of the dasher boards have been replaced. This project was completed in 3.5 days. I April Circulation Figures Adult Fiction Adult Non-Fiction Young Adult Fiction Periodicals Juvenile Fiction Juvenile Non-Fiction Easy Fiction Easy Non-Fiction Interlibrary Loan Books -Consortium I T otal Print Total Circulation Library Door Count ....... 'Vttt~ «1/tli a. Po.~~ e~ «1/tli a. rat~ " 210 Fidalgo Ave , Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city 1,342 Internet Access 1,063 1,118 iPad use 160 171 Video 0 99 Room Booking 206 424 Music 23 265 DVDs 2,050 953 Audio books 113 177 Miscellaneous 203 6 Computer Programs 200 Media -Consortium 64 4,755 T otal Non-Print 3,882 8,637 In-House circulation 251 8,677 Downloadable Audio 560 Downloadable EBooks 594 In April we had 3 volunteers who put in about 30 hours. There were 17 children 's program s w ith 292 total in a ttendance, and 17 adult and family programs with 153 attendees. Electronic book and audio circulation was up 33% over last year's figures for the same month. In April we ordered 3 interlibrary loan items not available through the consortium and received 8 items, we returned 7 items and loaned 18 items to other libraries who are out of state or not in the consortium. APRIL Library Cards Issued April Income Anchor Point Fines $ 748.48 ILL l Xerox 93.25 Kenai 22 Lost/Damaged 73.99 Nikiski 3 Test Proctoring Fee 60.00 Soldotna 6 Printing 347.00 Other 5.00 Total 33 Total income $1,327.72 Check o ut the L ibrary's Facebook page for a link to a Summer Reading video created by James, Bethany and Ryaima! ''tltff~ «1/t~ a Pa.f~ 0t"tt «11't~ a Fat~" 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city May 2017 Mid-Month Report-City of Kenai Fire Department As of May g th the department has responded to 515 calls for service. This is down from last year's call for service at the same time of 575 . The last four weeks has been a very busy time for training . • All department members have completed their annual forestry refresher course. • Battalion Chief Tony Prior completed a 2-day National Fire Academy Leadership I course taught at the Anchor Point Fire Department. • Fire Marshal Tommy Carver attended the Alaska Association of Fire Arson Investigators Conference in Juneau. At the conference Tommy completed tra ining in and successfully tested for his Certified Fire Investigator certification in the State of Alaska . • Engineer Abe Porter attend the Fire Department Instructor Conference (FDIC) in Indianapolis, IN. This is the largest fire training conference in the nation and by all reports was an excellent conference. • Firefighter Omar Thompson completed his training and is now a State Certified EMT Ill. He has also attended and passed a Pediatric Advanced Life Support (PALS) course . • All department members toured the CINGSA facility and have completed their training with Enstar. • The City of Kenai Fire Department in conjunction with the Kenai Peninsula Fire Chiefs Association hosted a two day National Fire Protection Association (NFPA) Home Ignition Zone Workshop at the Beacon Training Faci lity. 5 Kenai firefighters attended the program. Preparation has begun to ready the department for summer with Boat 1 now in service at Station 1 and Unit 11 has had a forestry slide in unit (pump and water tank) installed . TO: FROM: DATE: SUBJECT: DOGS: I NTAKE Waiver Stray Impound Protective Custody Quarantine Other Intakes CATS: I NTAKE Waiver Stray Impound Protective Custody Quarantine Other Intakes OTHER ANIMALS : INTAKE "Utt~ «1/t~ a PaJ'~ e~ «1/t~ a Fu.twee '' 210 Fida lgo Ave, Kenai, A laska 996 11 -779 4 Telephone: (907) 283-7535 I Fax : (907) 283-3014 www . kenai.city David Ross, Police Chief JJ Hendrickson, Anima l Control Chief 5/2/2017 April 2017 Animal Control Monthly Report 33 DISPOSITION 6 Adopted 7 Euthanized 0 Claimed 7 Field Release 3 Transferred to Rescue 10 Other Dispositions 22 DISPOS IT ION 11 Adopted 10 Euthanized 0 Cl aimed 0 Fie l d Rele ase 0 Transferred to Re sc ue 1 Other Dispositions 6 DISPOSITION Rabbit {3 Wa iver -1 Stray) 4 Rabb it Chicken {Stray) 1 Ch i cken Gui n ea Pig {St r ay) 1 Guinea Pig DOA: 14 OTHER STATISTICS: Dog 9 Licen ses (City of Kenai Dog License s) Cat 5 Mic rochips (Dog) Rabies Cli nic This month th e Ken a i Animal Shelter took in ~animals. Animal intake and disposition: 1 Citations Animal dropped with After Hours (days we are clo sed but cleaning and wi th KPD) k)S.2 Volunteer Hours Logged ~1 An imals are known borough animal s M F ie ld Investigations & patrols 33 17 1 13 0 2 0 24 9 2 0 0 13 0 5 3 1 1 5 1 373 May2, 2017 "Vt1laje with a Past, CifJ with a Future" Kenai Police Department 107 S. Willow St, Kenai, Alaska 99611 Telephone: 907-283-7879 /Fax: 907-283-2267 Central Peninsula Health Foundation 250 Hospital Place Soldotna , AK 99669 Dear Kathy Gensel , On behalf of the Kenai Police Department I would like to thank you for your donation of the prescription drug take-back collection box that has been placed in the Kenai Police Department lobby. I believe it will serve a great benefit to the department, in simplifying our previous processes in handling prescription drug take-back. I also believe it will be a great benefit to the community, in offering a safe and convenient location for prescription drug disposal. We appreciate the financial commitment of the Central Peninsula Health Foundation that made this possible. It is an honor to partner with organizations such as yours that are focused on the health and wellness of our community. Sincerely, David Ross Chief of Police April 25 , 2017 Enstar Natural Gas Company Attn : Kelsie Anderson "Vt11aje with a Past, City with a Future" Kenai Police Department 107 S. Willow St, Kenai, Alaska 99611 Telephone: 907-283-7879 /Fax: 907-283-2267 Re : Donation to support the Drug Abuse Resistance Education (DARE) program at Kenai elementary schools Dear Ms . Anderson, On behalf of the Kenai Police Department, I would like to offer thanks for the support of Enstar in providing the DARE program in Kenai. The Kenai Police Department employs a School Resource Officer, Investigator Dan Smith, and it is through his efforts and coordination with the schools that we are able to have a local DARE education program. However, we cannot do it alone and we greatly appreciate our partnership with you this year. Your willingness to purchase $2000 in DARE supplies to be used in the schools is a huge asset to the program and its success among the young audience. As Investigator Smith may have infonned you, he will be conducting DARE graduation at Kaleidoscope Elementary on May 5"' at 11:30 AM and at Mountain View Elementary on May 9111 at 6:00 PM. You are welcome to send a representative to be introduced and thanked publicly for your contribution to DARE education in Kenai this year. Sincerely, David Ross Chief of Police -------~ PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000 .00 FOR COUNCIL REVIEW COUNCIL MEETING OF: MAY 17, 2017 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT AK GARDEN & PET SUPPLY FERTI LIZER , WEED & FEED RECREATION OPERATING SUPPLIES 7 ,581 .60 LN CURTIS & SONS SK MOUNT PUMP FIRE SMALL TOOLS 5 ,440.00 KENAI CHAMBER OF COMMERCE COME TO KENAI VIDEO LEGISLATIVE GRANTS TO AGENCIES 5 ,000.00 PEAK O ILFIELD SERVICES CRANE REPAIRS DOCK REPAIRS & MAINTENANCE 9 ,300.00 CROWLEY PETROLEUM FLOAT PLANE FUEL AIRPORT OPERATING SUPPLIES 2,900.00 ALASKA LIBRARY NETWORK ALASKA DIGITAL LIBRARY LIBRARY BOOKS 3 ,075.00 INGRAM LIBRARY SERVICE BOOKS LIBRARY BOOKS 4 ,000.00 AMAZON BOOKS LIBRARY BOOKS 3 ,000.00 KENAI 44129 Sterling Hwy I Soldotna , AK 99669 WATERSHED FORUM Phone (907) 260-5449 I Fax (907) 260-5412 I www .kenaiwatershed.org May 1, 2017 The Honorable Brian Gabriel Mayor of the City of Kenai 210 Fidalgo Ave . Kenai AK 99611 Dear Mayor Gabriel, It's Kenai River Festival time again! In the past the City of Kenai has sponsored a youth activity in the Kid's Zone during the festival. Would the City of Kenai be interested in sponsoring a youth activity again this year? The Festival is slated for June 9, 10 & 11 at Soldotna Creek Park. Throughout the festival's history, as I am sure you are aware, we have shared the festival location between Soldotna and Kenai, therefore, we will always share a lasting and positive connection with the City of Kenai. Many of the attendee activities that we provide are geared towards youth . We encourage each yo uth attending to v i sit each educational booth and receive a stamp on a festival "passport". The se passports are then collected at the Kenai Watershed Forum welcome tent and become part of a drawing where we have annually given away one Apple iPad. Thi s year we are planning to give away two iPads to encou ra ge participation from a broader range of ages; both pre-teens and teenagers. Would th e City of Kenai be interested in sponsoring one of these youth prizes? The City of Kenai would be recognized on all materials relating to the Passport Activity and on the Festival's promotional posters and web postings. We would be hoping for a $300 sponsorship if the City of Kenai is interested. Thanks for giving the Festival sponsorship your consideration. Please give me call if you have any questions. Sincerely, Development Specialist Working together for healthy watersheds on the Kenai Peninsula Pick.Click.Give. G~W .. TERSHED FORUM 2017 Kenai River Festival June 9 10 & 11 KENAI SllVESl -' FESTIVAL SPONSORSHIP OPPORTUNITIES • • • • • CORPORATE SPONSOR $3000 Company logo on festival t -shirt* Quarter page ad in the festival schedule (10 ,000 printed ) Recognition at the event Logo in ads , newsletters and on KWF web site Banner prominently disp layed at the festival *Due to printing deadline , corporate sponsor s who choose to have th eir logos on festival t-shirts mu st re spond by 5/1 /2017 • • • • MAJOR SPONSOR $2000 Company logo on festival t -s hirt Recognition at the event Logo in ads , newsletters and on KWF web site Banner prominently disp layed at the festival SPONSOR $1000 • Company logo on festiva l t-shirt • Recognition at the event • Logo in ads , newsletters and on KWF web site • Banner prominently displayed at the festival CONTRIBUTOR $500 • Recognition at the event • Logo in ads , new sletters and on KWF web site • Banner displayed at the festival BUSINESS $250 • Recognition at the event • Logo in newsletters • Banner displayed at the festival STAGE SPONSOR $200 • Verbal recognition during the concerts at the event • T .ooo nn ronrPrt <:rhPrlnlP ---o-.,_ ... a _...,.,..,.._._.. ..... ..,_..,..,.., __ .. _ • Banner displayed at the festival IN-KIND CONTRIBUTIONS -Benefits will be at the value level of the in -kind contributi on listed abo ve. SPONSOR NAME:--------------CONTACT NAME: __________ _ EMAIL:-------------MAILING ADDRESS: ______________ _ PHONENUMBER: ____________ ~SPONSORSHIPLEVEL: ________ ~ FORM OF PAYMENT: Check I I nvoice I Credit Card CREDIT CARD#:-------------- EXPIRATION: ________ SIGNATURE: ____________________ ~ Please Return To: KENAI WATERSHED FORUM • 44129 STERLING HWY• SOLDOTNA , AK 99669 Sponso r onl in e at: www .ken a iwa ters hed .or g •Questio ns ? Contact sarah @ kenaiwatershed .org or a t 907 -260-5449 T HANK YOU! A receipt for you r tax -deductible donation will be sent to you. 50 l (c )(3) tax number: 91 -1829284 KENAI -'L_ WATERSHED J FORUM MAY 17, 2017 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to Item D.4. Ordinance No. 2953-2017 • Scope of Work Outline City Manager Add to Item D.7. Ordinance No. 2957-2017 • Plat Map City Manager Add to Item D.9. Resolution No. 2017-20 • Correspondence from Mr. Hyde City Manager Add to Item J.1. City Manager Report • Correspondence from Timothy Dillon, Executive Director, Kenai Peninsula Economic Development District • Memo Regarding Loss of Water Pressure City Manager [PAGE LEFT BLANK INTENTIONALLY] Page 2 of 20 Page 3 of 20 Page 4 of 20 Page 5 of 20 Page 6 of 20 PRL Logistics, Inc. 421 W. 1st Avenue, Suite 250, Anchorage, AK 99501 (907) 261-9440 or (907) 223-1242 May 17, 2017 Paul Ostrander City Manager, City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Subject: PRL Logistics, Inc – Airstrip Operations Dear Mr. Ostrander, First of all, I would like to thank you for providing comments regarding the airstrip operations from Mr. Tarbox in a letter dated, May 2, 2017. Since receipt of these questions, I contacted Mr. Tarbox and he was gracious enough to meet with me at the proposed site and our Kenai facility for several hours. We sincerely appreciate the opportunity to provide clarity on Mr. Tarbox’s concerns and will do so to the best of our knowledge. Secondly, it is with great regret that I cannot be in attendance at the City Council meeting today, May 17th, 2017, as it is in direct conflict with my daughter’s high school graduation events. If necessary, I will be available to call into the meeting, as we discussed earlier. Please see my address to Mr. Tarbox’s concerns below, which in summary, appear to be in the areas of safety and the environment. Successful operations for PRL would be defined as the airship on “extended charter” contracts serving remote project sites and villages throughout the state, as the airship does not produce revenue when at the Kenai base. Consequently, the projected utilization of the airstrip by the airship would be light, sporadic use for ancillary support activities, not key to our daily operations. The airship’s primary use is to be located and operating out of remote sites throughout Alaska. However for Cook Inlet based project, it could potentially operate out of our Kenai Facility. The flight path from the airstrip to the hangar is intended to be “point to point”; depart the airfield vertically, reach an altitude to avoid obstacles, then descend vertically onto the current PRL property. Our approach and departure on the airstrip is planned to be over Cook Inlet, avoiding the estuary. The intended use for fixed-wing operations is to allow clients and my associated fixed wing aircraft the ability to fly directly into our property, utilizing tie downs and the existing hangar as done historically, on an ad hoc basis. We do not expect this to occur regularly or frequently. Additionally fixed wing flights may take place in support of missions for the airship in emergency or extreme situations where timeliness is key. Aircrafts of any kind will not land or take off in unsafe conditions (e.g. flooding, adverse weather conditions, ect.) To our knowledge, there are no plans to implement exclusion zones outside of our property boundaries. Our expectation is that hunters will not shoot at or endanger aircraft and personnel arriving and departing the airstrip, per existing federal, state, and municipal regulations. The airstrip is located within the currently established flight path of the Kenai Municipal Airport and it is our opinion that operations of this airstrip would not incur any more risk than aircraft operating out of the Kenai Airport. PRL does not intend to seek hazing permits and will not be implementing any seasonal restrictions on the use of the airstrip. It does not appear that the Kenai Airport or this historically used airstrip has had any impact on the migratory bird population or personal use fisheries in Kenai. Our operations would not require the closure of the access road and it is our intent work openly and to Page 7 of 20 PRL Logistics, Inc. 421 W. 1st Avenue, Suite 250, Anchorage, AK 99501 (907) 261-9440 or (907) 223-1242 coordinate with the City of Kenai on access during operations. The intent is to keep and maintain the existing runway as a grass airstrip and adhere to all federal, state, and municipal regulations. We currently do not intend to utilize the property beyond its defined zoning of heavy industrial use and/or conditions of the City of Kenai. If you have further questions, please feel free to contact me anytime. PRL Logistics, Inc. is proud of our reputation for safety, transparency, and successful project execution and we will continue to work enthusiastically and in good faith with the City of Kenai. We anticipate that this operation will bring significant benefits to the community of Kenai and surrounding areas. Sincerely, Ron Hyde, President & CEO Page 8 of 20 Page 9 of 20 Page 10 of 20 Page 11 of 20 Page 12 of 20 Page 13 of 20 Page 14 of 20 Page 15 of 20 Page 16 of 20 Page 17 of 20 Page 18 of 20 Page 19 of 20 [PAGE LEFT BLANK INTENTIONALLY] Page 20 of 20 KENAITZE INDIAN TRIBE YOUTH SUICIDE PREVENTION PROGRAM Native Connections Grant (BH) SAMHSA Grant (Substance Abuse Mental Health Services Administration) $1 Million over 5 years-Building for sustainability Alaska Native/American Indian ages 24 and younger Local Data Alaska Rates 20 year high Leading cause of death ages 10- 34 Disproportionally effects AK Natives Source: Alaska Bureau of Vital Statistics Kenai Peninsula 44.2% AN teens reported feeling sad or hopeless everyday for 2 weeks or longer 24.5% AN teens had seriously considered suicide in the past year Source: Kenai Peninsula Borough School District, Youth and Behavioral Risk Survey From 1/2016-9/2016 CPGH had 41 ER admissions ideation/attempt 11 of those ages 10-24 Program Goals Increase knowledge among formal and informal community leadership that American Indian/Alaska Native youth suicide is an important issue and that their efforts regarding this issue will bring about positive change within the community as a whole. Improve communication and collaboration between agencies and individuals that provide services for American Indian/Alaska Native youth and their families and increase their knowledge regarding preventing suicide and suicide postvention. Decrease the stigma that surrounds suicide. Promote Connectedness within the Indigenous community to prevent suicidal behavior. Advisory Committee 12 Community members Give insight, direction and guidance All volunteers-Meet monthly Varied backgrounds AK Native Elder/Teacher/Pastor/Anthropologist/Youth Services Workers/Youth Parole Officer/School Guidance Counselor/Parent-Survivor/Traditional Healer/Tribal Judge/Culture Bearer/VA Social Worker Community Readiness Assessment Ensure the community is ready Surveyed people from various backgrounds 6 Dimensions-30 questions Existing Efforts Community Knowledge Leadership Community Climate Knowledge about problem Resources CRA Results for Our Community Existing Community Efforts-Preplanning Community Knowledge About Prevention-Preplanning Leadership –Vague Awareness (How do we change this perception?) Community Climate-Vague Awareness Knowledge About the Problem-Preplanning Resources for Prevention Efforts-Preplanning Overall Stage of Readiness: Preplanning Events Yinihugheltani has hosted Nen Shi Eła Our first gathering. A community get together with the fire pit, snacks and drumming. Gun Lock Giveaway Free gun locks were handed out in the lobby with AST Winter Bear A play interwoven with Athabascan culture that promotes suicide awareness. On the horizon.. Teen Hiking Club Fridays in June & July Hiking in the Refuge Transportation provided (limited # as of right now) If you have any AI/AN teens that would be interested please send them our way Flyers are coming out soon Out Of The Darkness Walk 09/10/17 World Suicide Awareness day American Foundation for Suicide Prevention AK Chapter 2 mile Beach Walk Community Wide Event Continued Outreach Presented at Rotary, State Wide Council on Suicide Prevention Expanding to: Tribal Council City Councils Board of Education Flyers for Gun Retailers KPBSD Title VI Camp Policy Reviews/Postvention What Can You Do to prevent suicide in our community? Council Challenge! Take a free 4 hour training at Dena’ina Wellness Center Friendly Challenge between Kenai City Council/Soldotna City Council and Kenaitze Tribal Council We need to let our community know this is important to our leaders A “Committed Council” Award will be given on 09/10/17 at the Out of the Darkness walk Resources Alaska Careline 1-877-266-HELP(4357) National Suicide Prevention Hotline 1-800-273-8255 CPGH ER KPD/SPD/AST Kenaitze Indian Tribe (907)335-7300