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HomeMy WebLinkAbout2019-11-06 Council Packet Kenai City Council - Regular Meeting Page 1 of 188 November 06, 2019 Kenai City Council - Regular Meeting November 06, 2019 – 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city AGENDA A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Election of Vice Mayor 5. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 3092-2019 - Amending Kenai Municipal Code, Section 1.10.030 – Organization Meeting, to Provide that the Terms of Office of the Mayor and Other Councilmembers Shall Begin the Monday Following Certification of the Election. (City Clerk) 2. Ordinance No. 3093-2019 - Accepting and Appropriating a Grant From the U.S. Department of Homeland Security Passed through the State of Alaska Department of Military and Veterans’ Affairs for the Purchase of a Fire Station Alerting System, an IT Security Audit, and Base Radio System Replacement for Dispatch. (Administration) Page 1 Kenai City Council - Regular Meeting Page 2 of 188 November 06, 2019 3. Ordinance No. 3094-2019 - Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. (Administration) 4. Resolution No. 2019-72 - Authorizing the City to Join the Alaska Remote Seller Sales Tax Commission for the Purpose of Developing, Implementing, and Enforcing a Remote Seller Sales Tax Code and Designating a Commission Representative. (Administration) 5. Resolution No. 2019-73 - Authorizing the City Manager to Recruit For and Hire an Additional Police Officer Position Based on Anticipated Attrition. (Administration) 6. Resolution No. 2019-74 - Declaring a Utility Easement Twenty Foot (20’) Wide Between the Shared Lot Lines of Tract A, and Lots 4, 5, 6, Block 1, Bridge Road Subdivision Number 2 and Lot 7A, Block 1, Bridge Road Subdivision Lockwood Addition as Set Forth on the Attached Exhibit “A” is Not Needed for a Public Purpose and Consenting to its Vacation. (Administration) 7. Resolution No. 2019-75 - Awarding a Contract for City-Owned Lands Appraisal Services. (Administration) E. MINUTES 1. *Regular Meeting of October 16, 2019. (City Clerk) 2. *Work Session Summary of October 16, 2019. (City Clerk) F. UNFINISHED BUSINESS 1. Resolution No. 2019-71 - Repealing Policy No. 2017-02, Supervisory Sub- Committee. (Council Member Knackstedt) [Clerk's Note: At its October 16 meeting Council postponed this item to the November 6 meeting; a motion to adopt is on the floor.] G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders Over $15,000. (Administration) 3. *Ordinance No. 3095-2019 - Increasing Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting a Grant from the Department of Justice for the Purchase of Ballistic Vests. (Administration) 4. *Ordinance No. 3096-2019 - Determining that Real Property Described as Lot One (1), Aleyeska Subdivision Part 3, According to Plat No. 1531 and Lot One A (1-A), Aleyeska Subdivision Part 3, According to Plat K-1531, City-Owned Airport Land Located Outside the Airport Reserve, is not Needed for a Public Purpose and Authorizing the Sale of the Property to MITAK, LLC. (Administration) Page 2 Kenai City Council - Regular Meeting Page 3 of 188 November 06, 2019 5. *Ordinance No. 3097-2019 - Increasing Estimated Revenues and Appropriations in the Terminal Improvements Capital Fund, and Authorizing an Increase to the Construction Purchase Order to Blazy Construction, Inc. (Administration) 6. Action/Approval - Authorize the Issuance of a Request for Proposals for Naming Rights of the Multi-purpose Facility. (Administration) 7. Action/Approval - Approving a Special Use Permit for Axtel Enterprises, LLC, to Conduct Fuel Reduction Activities on Tract A, Kenai Meadows, 2200 Redoubt Avenue, Parcel 03901065. (Administration) 8. Action/Approval - Mayoral Nominations of Council Liaisons for Appointment to Committees and Commissions. (Mayor Gabriel) 9. Discussion/Action - Bridges Community Resource Network Mini-Grant Request for its Project Homeless Connect Event. (Mayor Gabriel) 10. Discussion - Personal Use Fishery Capital Improvement Projects. (Administration) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Page 3 Kenai City Council - Regular Meeting Page 4 of 188 November 06, 2019 L. EXECUTIVE SESSION M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000. 2. Utilities Collection Site - Public Comment 3. CIRCAC Comments on State of Alaska Oil Discharge Prevention and Contingency Plan Public Scoping 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. Page 4 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: City Clerk CITY OF KENAI ORDINANCE NO. 3092-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 1.10.030 – ORGANIZATION MEETING, TO PROVIDE THAT THE TERMS OF OFFICE OF THE MAYOR AND OTHER COUNCILMEMBERS SHALL BEGIN THE MONDAY FOLLOWING CERTIFICATION OF THE ELECTION. WHEREAS, at the October 1, 2019 regular election, the voters ratified Resolution No. 2019-49, approving a Charter amendment providing that the terms of office of the Mayor and other Council Members shall begin the Monday following certification of the election; and, WHEREAS, Kenai Municipal Code Section 1.10.030, Organization Meeting, stated substantially the same thing as the Charter regarding Mayor and Council Member terms; and, WHEREAS, it is appropriate to amend KMC Section 1.10.030 to reflect the Charter amendment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 1.10.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.10.030 – Organization Meeting, is hereby amended as follows: 1.10.030 Organization [M]Meeting. The terms of newly-elected Council Members shall begin [AT THE TIME PRESCRIBED FOR THE SECOND REGULAR COUNCIL MEETING AFTER THEIR] the Monday following certification of the election, as provided by the City Charter, Section 10-2. [AT SAID MEETING] On that Monday or as soon thereafter as practicable, the Council Member-elect [PRESENT] shall take and subscribe to the oath or affirmation of office, which shall be administered by the City Clerk or other authorized person. At [THIS] the first regular meeting following certification, or as soon thereafter as practicable, the Council shall elect a Vice-Mayor and otherwise organize for the ensuing year as needed and undertake its duties. Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. Page 5 Ordinance No. 3092-2019 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of November, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: October 16, 2019 Enacted: November 6, 2019 Effective: December 6, 2019 Page 6 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: October 7, 2019 SUBJECT: Ordinance No. 3092-2019 – Terms and Organization Meeting Pursuant to voter ratification of Resolution No. 2019-49, providing that terms of office for the Mayor and Councilmembers be changed to the Monday following certification of the election, it is appropriate that Kenai Municipal Code (KMC) Section 1.10.030 – Organization meeting be amended to follow suit. Proposed amendments provide that the elected candidate’s term will begin the Monday after certification of the election and the candidate will take their oath on that Monday or as soon as practicable thereafter. It further provides that the election of the Vice Mayor and other organization will take place at the first meeting after certification or as soon as practicable thereafter. Your consideration is appreciated. Page 7 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3093-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF MILITARY AND VETERANS’ AFFAIRS FOR THE PURCHASE OF A FIRE STATION ALERTING SYSTEM, AN IT SECURITY AUDIT, AND A BASE RADIO SYSTEM REPLACEMENT FOR DISPATCH WHEREAS, the City of Kenai received a notice from the State of Alaska Department of Military and Veterans’ Affairs that it was awarded $473,000 for grant projects under the 2019 State Homeland Security Program; and, WHEREAS, the projects that were awarded grant funding were the continuation of a Fire Station Alerting System project for $45,000, a City IT Security Audit for $35,000, and a Base Radio System Replacement for dispatch for $393,000; and, WHEREAS, the Fire Department in conjunction with other fire entities in the Borough started a Fire Station Alerting Project last year under a prior grant program and these additional grant funds will allow them to continue that project to include Fire Station 2; and, WHEREAS, the Finance Department, which handles IT services for the City, has taken steps to secure the technology infrastructure within the City and the use of these funds to effect an audit on the security of that infrastructure will provide an evaluation of where improvements may be needed in the future; and, WHEREAS, the Base Station Radio equipment used by Dispatch currently is based on very dated technology, and is no longer serviced by the manufacturer, leaving it vulnerable to major failures that would be difficult to service; and, WHEREAS, the grants do not require a monetary match from the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept a grant from the U.S. Department of Homeland Security passed through the State of Alaska Department of Military and Veterans’ Affairs for the purchase of a Fire Station Alerting System, an IT Audit, and a Base Station Radio System, execute any required grant documents and expend the funds in accordance with grant provisions and conditions. Section 2. That the estimated revenues and appropriations be increased as follows: Page 8 Ordinance No. 3093-2019 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Public Safety Capital Project Fund: Increase Estimated Revenues – Federal Grants $473,000 Increase Appropriations – Machinery and Equipment $438,000 Professional Services 35,000 $473,000 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of November, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: _________________ Introduced: October 16, 2019 Enacted: November 6, 2019 Effective: November 6, 2019 Page 9 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: October 9, 2019 SUBJECT: Ordinance No. 3093-2019 - Ordinance accepting and appropriating a grant from the Department of Homeland Security ______________________________________________________________________ Grants were applied for by the City of Kenai, under the 2019 Homeland Security Program, and three of those grant requests were funded totaling $473,000. The City received notice of award of a $35,000 grant for the City to conduct an IT Security Audit. The City received notice of award of a grant for $45,000 to continue work on the Fire Station Alerting System. The City received notice of award of $393,000 for a Base Radio System replacement for the Dispatch Center. The first two grant requests were fully funded, while the Base Station Radio system grant application was partially funded. These grants do not require a monetary match by the City, however, with the radio system not fully funded we will be evaluating how to best move forward with the radio system upgrades, which may necessitate returning to Council to request additional appropriation of funds. I am respectfully requesting consideration of the ordinance accepting and appropriating the currently awarded grant funds for the purposes they were intended. Page 10 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3094-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A DONATION FROM HILCORP ENERGY COMPANY TO ASSIST WITH THE ANNUAL KENAI SENIOR CENTER THANKSGIVING DINNER. WHEREAS, annually the Kenai Senior Center hosts a Thanksgiving Dinner that is open to seniors from all over the Peninsula; and, WHEREAS, the City has received a donation from Hilcorp Energy Services in the amount of $3,500 for the purchase of food and supplies for hosting the event; and, WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate this donation for the purposes described above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept a donation from Hilcorp Energy Company in the amount of $3,500 and to expend the donated funds to fulfill the purpose and intent of this ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: Senior Citizen Fund: Increase Estimated Revenues – Donations $3,500 Increase Appropriations: Congregate Meals – Operating Supplies $2,625 Home Meals – Operating Supplies 875 $3,500 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Page 11 Ordinance No. 3094-2019 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of November, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Finance Introduced: October 16, 2019 Enacted: November 6, 2019 Effective: November 6, 2019 Page 12 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: October 4, 2019 SUBJECT: Ordinance No. 3094-2019 - Hilcorp Donation ____________________________________________________________________________ Hilcorp has once again donated $3,500.00 for the Annual Peninsula Wide Senior Thanksgiving Dinner which will be held on November 19, 2019. This is the seventh year Hilcorp has provided funding and volunteers for this event. The Peninsula Wide Thanksgiving Dinner is a senior tradition that began in 1976. A Homemakers Club provided and served the first meal to the seniors. From there it grew and has been passed on through Unocal Oil, Agrium, and Marathon Oil. Since 2012, Hilcorp has continued the tradition by providing the funding and the volunteers. The donation will be used as follows: Food $3,320.00 Centerpieces 180.00 Total Donation $3,500.00 Thank you for your consideration. Page 13 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2019-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY TO JOIN THE ALASKA REMOTE SELLER SALES TAX COMMISSION FOR THE PURPOSE OF DEVELOPING, IMPLEMENTING, AND ENFORCING A REMOTE SELLER SALES TAX CODE AND DESIGNATING A COMMISSION REPRESENTATIVE. WHEREAS, the inability to effectively collect sales tax on sales of personal property, products or services transferred or delivered into Alaska by a remote seller in response to orders placed electronically by local consumers is eroding the sales tax base of Alaska communities and resulting in revenue losses that is causing imminent harm to residents through the loss of critical funding for local education and other services; and, WHEREAS, the harm from the loss of revenue is especially problematic in Alaska because the state has no broad-based tax, and sales tax revenues are essential in funding the provision of services by local governments; and, WHEREAS, the failure to collect tax on remote sales creates artificial market distortions and competitive advantages for remote sellers by perpetuating tax shelters for businesses that limit their physical presence in the state or its municipalities but still sell goods and services to local consumers, something that becomes easier and more prevalent as technology continues to advance; and, WHEREAS, the structural advantages for remote sellers, including the absence of point-of-sale tax collection, combined with the general growth of online retail, means that the erosion of the sales tax base is a growing problem that will only worsen in the near future if municipalities in the State are not able to legally collect remote seller sales tax within the framework of current United States Supreme Court case law; and, WHEREAS, the recent decision by the United States Supreme Court in South Dakota v. Wayfair allows for the amendment of sales tax codes to account for remote sellers who do not have a physical presence in either the State of Alaska, Kenai Peninsula Borough, or City of Kenai but do have a taxable connection with these jurisdictions; and, WHEREAS, the decision in South Dakota v. Wayfair provides guidance that includes the defensibility of a single-level statewide administration of remote sales tax collection and remittance; and, WHEREAS, remote sellers who make a substantial number of deliveries into or have large gross revenues from Alaska benefit extensively from the Alaska market, affecting the economy generally, as well as local infrastructure; and, Page 14 Resolution No. 2019-72 Page 2 of 3 _____________________________________________________________________________________ WHEREAS, modern computing and software options ensure that it is neither unusually difficult nor a substantial burden for remote sellers to collect and remit sales taxes associated with sales into Alaska taxing jurisdictions similar to traditional brick and mortar stores; and, WHEREAS in order to implement a single-level statewide sales tax administration, it is the intent of numerous local taxing jurisdictions within Alaska to establish an intergovernmental entity known as the Alaska Remote Seller Sales Tax Commission (the “Commission”); and, WHEREAS, the function and powers of the Commission will be set forth in the Alaska Intergovernmental Remote Seller Sales Tax Agreement (the “Agreement”), a cooperative agreement between Commission members; and, WHEREAS, under the terms of the Agreement, in order to maintain membership in the Commission, the City through the Kenai Peninsula Borough will be required to adopt certain uniform code provisions for the collection and remittance of municipal sales tax applicable to sales made by remote sellers; and, WHEREAS, the uniform remote sales tax code will be presented to the Borough Assembly for consideration once adopted by the Commission to comply with guidance found in the Wayfair decision; and, WHEREAS, the City has adopted the Borough’s sales tax code except where specifically denoted, and no further code changes will be required by the City; and, WHEREAS, if adopted, the administration of remote sales tax collection and remittance will be delegated to the Commission; and, WHEREAS, the intent of the Agreement is to enable Alaska’s taxing jurisdictions to levy their municipal sales tax to the maximum limit of federal and state constitutional doctrines; and, WHEREAS, Article X, Section 13 of the Alaska Constitution authorizes local governments to enter into agreements for the cooperative or joint administration of any function or power, unless otherwise prohibited by law or charter; and, WHEREAS, the purpose of being an early member of the Commission is to have a voice during the formation process while not committing to any future obligation or action; and, WHEREAS, a member will be able to withdraw from the Commission if the adopted bylaws, uniform code, or fees are not acceptable to the member municipality. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The City Manager is authorized to negotiate, execute, and submit all necessary documents to obtain and maintain membership in the Alaska Remote Seller Sales Tax Commission, including the Alaska Intergovernmental Remote Seller Sales Tax Agreement included as Attachment A. Section 2. The City Manager and City Attorney are authorized to appoint themselves, or other City employees as the City’s representative on the Commission. Section 3. That this resolution takes effect immediately upon passage. Page 15 Resolution No. 2019-72 Page 3 of 3 _____________________________________________________________________________________ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of November, 2019. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: _____________________________________ Jamie Heinz, CMC, City Clerk Page 16 Alaska Intergovernmental Remote Seller Sales Tax Agreement FINAL October 11, 2019 Page 17 Alaska Intergovernmental Remote Seller Sales Tax Agreement This Agreement is made and entered into by the signatories representing Alaska’s cities and boroughs to enable them to implement single-level, statewide administration of remote sales tax collection and remittance. The provisions of the Agreement do not apply to administration and collection of sales taxes for the sales of goods and services originating from within the boundaries of a member municipality nor does this Agreement restrict how a member municipality administers and collects sales tax on such sales, nor on sales made by those retailers with a physical presence in the municipality. The authority to set rates and exemptions is maintained by the member municipality. Article I. Background Principles. 1. The signatories wish to enable local governments to benefit from opportunities for collection of existing sales tax on sales made by remote sellers. Remote sellers are sellers who sell, often through the internet, products or services in a taxing jurisdiction without having a physical presence in the taxing jurisdiction. 2. The collection of remote sales tax provides a level playing field for local businesses and strengthens the ability of local governments to provide public services and infrastructure. 3. The signatories are particularly mindful of the specific holding in, and implications of, the Supreme Court’s South Dakota v. Wayfair decision, which provides guidance relative to nexus and the legal defensibility of a single-level statewide administration that reduces or removes potential burdens to interstate commerce. 4. Alaska’s local governments have the authority to enter into intergovernmental agreements and applicable taxing authority has been delegated to organized boroughs and cities. 5. The signatories desire to establish an intergovernmental entity to enable cooperative centralized administration of sales tax collection, remittance, and enforcement on sales made by remote sellers. Article II. Purpose. The purpose of this Agreement is to: 1. Enable cooperative centralized administration of sales tax collection, remittance, and enforcement on sales made by remote sellers using a single statewide intergovernmental entity; 2. Provide for and promote reasonable uniformity and compatibility in significant components of local sales tax levy and collection on sales made by remote sellers and marketplace facilitators in order to facilitate streamlined joint administration; and 3. Facilitate taxpayer and tax collector convenience and compliance in the filing of tax returns, the payment of tax, and in other phases of tax administration of sales made and services provided by remote sellers and marketplace facilitators. Page 18 Page 3 of 10 Article III. Definitions. As used in this Agreement: 1. “Commission” means the Alaska Remote Seller Sales Tax Commission established pursuant to this Agreement. 2. “Local Government” means any home rule, first class, or second class borough, or any home rule, first class, or second class city, or unified municipality in Alaska. 3. “Member” means a Local Government signatory to this Agreement. 4. “Remote seller” means any corporation, partnership, firm, association, governmental unit or agency, or person acting as a business entity that sells property or products or performs services in the State of Alaska or a taxing municipality in the state, using the internet, mail order, or telephone, without having a physical presence in the state or taxing municipality. 5. “Sales tax” means a tax imposed with respect to the transfer for a consideration of ownership, possession, or custody of property or the rendering of services measured by the price of the property transferred or services provided. 6. “Marketplace facilitator” means a person that provides for sellers a platform to facilitate for consideration, regardless of whether deducted as fees from the transaction, the sale of the seller’s products or services (excluding lodging and rentals) through a physical or electronic marketplace operated by the person, and engages: a. Directly or indirectly, through one or more affiliated persons in any of the following: i. Transmitting or otherwise communicating the offer or acceptance between the buyer and seller; ii. Owning or operating the infrastructure, electronic or physical, or technology that brings buyers and sellers together; iii. Providing a virtual currency that buyers are allowed or required to use to purchase products from the seller; or iv. Software development or research and development activities related to any of the activities described in (b) of this subsection (3), if such activities are directly related to a physical or electronic marketplace operated by the person or an affiliated person; b. In any of the following activities with respect to the seller's products: i. Payment processing services; Page 19 Page 4 of 10 ii. Fulfillment or storage services; iii. Listing products for sale; iv. Setting prices; v. Branding sales as those of the marketplace facilitator; vi. Order taking; vii. Advertising or promotion; or viii. Providing customer service or accepting or assisting with returns or exchanges. Article IV. The Commission. 1. Organization and Management. a. The Alaska Remote Seller Sales Tax Commission (the “Commission”) is hereby established as an intergovernmental entity in the state of Alaska. It will be comprised of one designated representative from each Member, who shall have the authority to act on the Member’s behalf. b. Each Member will be entitled to one vote. c. To assist conducting business when the full Commission is not meeting, the Commission will annually elect a Board of Directors of seven members, including officers. The Board of Directors will act subject to the provisions of this Agreement and as provided in the bylaws of the Commission, as ratified by the members. d. No action will be binding unless approved by a majority of the Directors present at a meeting. e. The Commission will adopt an official logo. f. The Commission will hold an annual meeting rotating the location of the meeting each year, with telephonic participation provided for, in addition to scheduled regular meetings and special meetings as provided by its bylaws. Notices of special meetings must include the reasons for the meeting and the items to be considered. g. The Commission will elect annually, from among its members, a Chairman, a Vice Chairman, and a Secretary/Treasurer. The bylaws of the Commission shall provide for nomination and election of officers. h. The Commission will contract at formation for support and administrative Page 20 Page 5 of 10 functions with the Alaska Municipal League (AML). The Executive Director of the AML will serve as a liaison between the Commission and AML and may appoint necessary staff support. This provision will be revisited within three years of legal formation of the Commission. i. The Commission may contract for supplies and professional services, and delegates to AML the same ability on its behalf. j. To carry out any purpose or function, the Commission may accept and utilize donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any Member or governmental entity. k. The Commission may establish one or more offices for the transacting of its business. Upon formation, its registered office and place of business will be the Alaska Municipal League at One Sealaska Plaza, Suite 200, Juneau, AK 99801. l. The Members will adopt the initial bylaws of the Commission. The Commission will make its bylaws easily accessible for Members and prospective members. The power to adopt, alter, amend or repeal bylaws is vested in the Board of Directors unless it is reserved to the Members per the bylaws. The bylaws shall contain provisions for the regulation and management of the affairs of the Commission not inconsistent with this Agreement. m. The Commission will provide annual reports to its members covering its activities for the preceding fiscal year. The Commission may make additional reports. 2. Committees. a. In furtherance of its activities, the Commission may establish advisory and technical committees by a majority vote of the membership body. Membership on a technical committee, may include private persons and public officials. Committees may consider any matter of concern to the Commission, including issues of special interest to any member and issues pertaining to collection of sales tax on behalf of members. b. The Commission may establish additional committees by a majority vote of the membership or Board of Directors as its bylaws may provide. c. Committees may not take any action but may recommend action to the Board of Directors for consideration. 3. Powers. In addition to powers conferred elsewhere in this Agreement and in the bylaws, the Commission may: a. Study federal, state and local sales tax systems, and particular types of state and local taxes. Page 21 Page 6 of 10 b. Develop and recommend proposals to promote uniformity and compatibility of local sales tax laws with a view toward encouraging the simplification and improvement of local tax law and administration. c. Compile and publish information to support and assist members in implementing the Agreement or assist taxpayers in complying with local government sales tax laws. d. Do all things necessary and incidental to the administration of its functions pursuant to this Agreement, including: i. Sue and be sued. ii. Administer provisions of uniform sales tax ordinances pursuant to authority delegated by Members f. The Commission may create and adopt policies and procedures for any phase of the administration of sales tax collection and remittance in accordance with this Agreement and the Commission’s bylaws, including delegated authority to administer taxation or prescribing uniform tax forms. Prior to the adoption of any policy, the Commission will: 1. As provided in its bylaws, hold at least one meeting after due notice to all affected members and to all taxpayers and other persons who have made timely requests to the Commission for advance notice of its policy-making proceedings. 2. Afford all affected members and interested persons an opportunity to submit relevant written comments, which will be considered fully by the Commission. g. The Commission will submit any policy adopted by it to the designated representative of all Members to which they might apply. Each such Member will in turn consider any such policy for adoption in accordance with its own laws and procedures. h. Amend this Agreement by majority vote of the Members. 4. Finance. a. At least 90 days prior to the start of a new fiscal year, the Board of Directors will adopt a budget of its estimated expenditures for the upcoming fiscal year and submit to Members. b. The Commission will follow a July 1 to June 30 fiscal year. c. The Commission’s budgets must contain specific recommendations for service fees built into statewide administration. Service fees will account for direct staff and software costs, and indirect costs, as justifiable to the Board of Directors. Page 22 Page 7 of 10 d. The Commission will not pledge the credit of any member. The Commission may meet any of its obligations in whole or in part with funds available to it, provided that it takes specific action to set aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it, the Commission may not incur any obligation prior to the allocation and commitment of funds adequate to meet the same. e. The Commission must keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission will be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission will be audited annually by a certified public accountant and the report of the audit will be included in and become part of the annual report of the Commission to Members. f. The accounts of the Commission will be open at any reasonable time for inspection by duly constituted officers of the Members, the State of Alaska, and by any persons authorized by the Commission. g. Nothing contained in this Article may be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission. Article V. Membership Requirements; Remote Seller Sales Tax Code. 1. To obtain and retain full membership, the Local Government must submit either an Ordinance or Resolution authorizing entry into the Agreement, including to: a. Designate the individual at the municipality that may execute initial binding documents on behalf of the municipality and who will be the Member’s representative on the Commission. 2. Once the Commission adopts its bylaws and adopts a uniform Remote Sellers Sales Tax Code, members must submit an Ordinance or Resolution that: a. Delegates remote seller sales tax registration, exemption certification, collection, remittance, and audit authority to the Commission. b. Within one hundred twenty (120) days, adopts, by reference or otherwise, the Remote Seller Sales Tax Code in its entirety as it pertains to collection of sales tax from remote sellers and marketplace facilitators. The Remote Seller Sales Tax Code is provided as “Addendum A”. 3. To retain full membership status, changes made to the Agreement or Code should be ratified by the Member within one hundred twenty (120) days of the date the Commission adopts the change. 4. The Member must provide notice of tax or boundary changes to the Commission and must Page 23 Page 8 of 10 assure the Commission of the accuracy of rates and exemptions. Rate and exemption changes will take effect within thirty (30) days of the date the Commission receives notice of the tax or boundary change. Article VI. Sales Tax Collection and Administration. 1. Collection; Registration; Remittance. a. Every remote seller and marketplace facilitator meeting the Threshold Criteria of one hundred thousand ($100,000) in annual sales or 100 annual transactions occurring in Alaska during the current or previous calendar year, shall collect sales taxes from the buyer at the time of sale or service and shall transmit the sales taxes collected to the Commission on a monthly or quarterly basis. b. The Commission will remit and report to Members by the last business day of the month. c. A remote seller or marketplace facilitator meeting the Threshold Criteria shall apply for a certificate of sales tax registration within thirty (30) calendar days of the adoption of this Remote Seller Sales Tax Code and/or within thirty (30) calendar days of meeting the threshold, whichever occurs later. Registration shall be to the Commission on forms prescribed by the Commission as set out in the remote seller sales tax code. d. Upon receipt of a properly executed application, the Commission shall issue the applicant a certificate of registration, stating the legal name of the seller, the primary address, and the primary sales tax contact name and corresponding title. A list of registered sellers in good standing shall be distributed to Members, made public and available on the Commission’s webpage. 2. Returns; Confidentiality. a. The Commission will provide all sales tax return information to the taxing jurisdiction, consistent with local tax codes. b. All returns, reports and information required to be filed with the Commission under this Code, and all information contained therein, shall be kept confidential and shall be subject to inspection only by: i. Employees and agents of the Commission and taxing jurisdiction whose job responsibilities are directly related to such returns, reports and information; ii. The person supplying such returns, reports and information; or iii. Persons authorized in writing by the person supplying such returns, reports and information. Page 24 Page 9 of 10 3. Title; Penalty and Interest; Overpayment. a. Upon collection by the seller, title to the sales tax vests in the Commission and the member on whose behalf the original tax arose. The Commission shall act as a third-party trustee and remit taxes collected on behalf of the member no later than thirty (30) days after each filing deadline. b. The Remote Sellers Sales Tax Code shall establish the per annum interest rate and any applicable penalties for late or non-compliant remote sellers. c. Upon request from a buyer or remote seller the Commission shall provide a determination of correct tax rate and amount applicable to the transaction. In the case of an overpayment of taxes, the remote seller shall process the refund and amend any returns accordingly. 4. Audit; Compliance and Enforcement. a. The Commission shall have sole audit authority and will make final determinations regarding: (1) whether a remote seller or marketplace facilitator meets Threshold criteria; (2) the accuracy of returns filed by a remote seller or marketplace facilitator with the Commission; and (3) whether a remote seller or marketplace facilitator filing returns with the Commission is in compliance with collection and remittance obligations. b. The Commission shall have authority to enforce issues relating to the Remote Sellers Sales Tax Code including, but not limited to, the collection of late fees and penalties, and filing of civil suits and injunctions. Article VII. Entry into Force and Withdrawal. 1. This Agreement will be in force and effective when formally approved by any seven signatories and will terminate if membership falls below seven. 2. Any Member may withdraw from this Agreement through ordinance or resolution rescinding signatory action and giving notice to the Commission of the effective date of the ordinance, with a minimum of 30 days’ notice. Withdrawal will not affect any liability already incurred by or chargeable to a Member prior to the effective date of such withdrawal. The obligations of the Commission to remit and report remain until no longer necessary. Article VIII. Effect on Other Laws and Jurisdiction. Nothing in this Agreement may be construed to: 1. Affect the power of any local government to fix rates or tax exemptions, except that all members must adopt and implement the Commission’s common definitions and tax code Page 25 Page 10 of 10 changes or demonstrate parity or non-applicability. 2. Withdraw or limit the authority of local government with respect to any person, corporation, or other entity or subject matter, except to the extent that such authority is expressly conferred by or pursuant to this Agreement upon another agency or body. 3. Supersede or limit the jurisdiction of any court of the State of Alaska. Article IX. Construction and Severability. This Agreement shall be liberally construed so as to effectuate its purposes. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision is declared or held invalid by a court of competent jurisdiction, the validity of the remainder of this Agreement and its applicability to any government, agency, person or circumstance will not be affected. If any provision of this Agreement is held contrary to the charter of any member, the Agreement will remain in full force and effect as to the remaining members and in full force and effect as to the Member affected in all other provisions not contrary to charter. Page 26 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: March 12, 2019 SUBJECT: Resolution No. 2019–72 - Alaska Intergovernmental Remote Seller Sales Tax Agreement ____________________________________________________________________________ This resolution authorizes the City administration to execute the Alaska Intergovernmental Remote Seller Sales Tax Agreement (the “Agreement”) and become a member municipality of the Alaska Remote Seller Sales Tax Commission (the “Commission”). The formation of and membership on the Commission is the first step toward implementing a single-level administrator for the collection and remittance of remote seller sales taxes. A single-level administrator of remote seller sales taxes is a necessary long-term solution if the City through the Kenai Peninsula Borough wants to collect remote seller, or “e-commerce”, sales tax. The inability to effectively collect sales tax on sales of personal property, products, or services transferred or delivered into the City by a remote seller in response to orders placed electronically by local consumers is eroding the sales tax base of Alaska’s communities. The resulting revenue losses is causing imminent harm to residents through the loss of critical funding for City Services and Borough education. The failure to collect tax on remote sales results in artificial market distortions and competitive advantages for remote sellers through perpetuating tax shelters for businesses that limit their physical presence but still sell goods and services to local consumers, which gains more and more prevalence as technology continues to advance. The recent decision by the United States Supreme Court in South Dakota v. Wayfair allows for the amendment of the Borough’s sales tax code to account for remote sellers who do not have a physical presence in either the state of Alaska, Kenai Peninsula Borough or City but do have a taxable connection with those jurisdictions. The City has adopted the Borough’s sales tax, and changes made to the Borough’s sales tax code will not require any further action by the City. The decision in South Dakota v. Wayfair provided guidance that included the defensibility of a single- level statewide administration of remote sales tax collection and remittance. Remote sellers who make a substantial number of deliveries into or have large gross revenues in Alaska benefit extensively from the Alaska market, affecting the economy generally, as well as local infrastructure. Modern computing and software options ensure that it is neither unusually Page 27 Page 2 of 2 Resolution 2019-72 difficult nor a substantial burden for remote sellers to collect and remit sales taxes associated with sales into Alaska taxing jurisdictions. In the absence of state legislative action, in order to implement a single-level statewide sales tax administration, it is the intent of local taxing jurisdictions within Alaska to establish an intergovernmental entity (the “Commission”). The function and powers of the Commission will be set forth in the Agreement. Under the terms of the Agreement, in order to maintain membership in the Commission, the City through its existing adoption of the Borough’s sales tax code will be required to adopt certain uniform code provisions for the collection and remittance of municipal sales tax applicable to sales made by remote sellers. Article X, Section 13 of the Alaska Constitution authorizes local government to enter into agreements for the cooperative or joint administration of any function or power, unless otherwise prohibited by law or charter. The intent of the Agreement is to enable Alaska’s taxing jurisdictions to levy their municipal sales tax as now allowed by federal constitutional doctrines. The uniform remote sales tax code will be presented to the Kenai Peninsula Borough Assembly for consideration once adopted by the Commission. The sales tax code will also be presented to the City Council for review and consideration of whether the City would like to make any changes. If the uniform code is adopted by the Assembly, the administration of remote sales tax collection and remittance will be delegated to the Commission. To be clear, this resolution only authorizes entry into the Commission and a “seat at the table” during the formation process. As an initial Commission member, the City will have a voice in adopting Commission bylaws, adopting a uniform remote seller sales tax code, and in the election of the Commission’s Board of Directors. Once the Commission is formed and bylaws are adopted, and before collections may begin, subsequent legislation will come before the Assembly and City Council that would adopt the uniform code, address questions of fees for participation, and delegate remote seller sales tax administration, collection, audit, and enforcement authority to the Commission. Page 28 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2019 – 73 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO RECRUIT FOR AND HIRE AN ADDITIONAL POLICE OFFICER POSITION BASED ON ANTICIPATED ATTRITION. WHEREAS, the City Council has authorized funding for 13 police officer positions in the annual budget ordinance and has approved a budget in accordance with that number; and, WHEREAS, the Police department has been experiencing high rates of attrition and difficulty recruiting for several years and is anticipating a continuation of that trend with anticipated attrition in the coming year and retirement eligibilities in the following year(s); and, WHEREAS, the City would benefit from a more stable staffing level in the Police Department provided by recruiting for a 14th officer position in advance of the actual vacancy; and, WHEREAS, there are significant impacts to services provided by the Police Department and to public safety related to the Department being consistently understaffed; and, WHEREAS, understaffing also exacerbates the officer retention challenges, including personal leave receiving increased scrutiny or denial, increased voluntary and assigned overtime shifts, reduced or denied training, removal of the police officer from the Kenai schools as a school resource officer for the 2019-2020 school year, removal of the officer from the regional drug task force, reduced response time to some calls, more calls where no officer is available at all, and increased scrutiny to close cases where the investigation requirements are disproportionate to resources; and, WHEREAS, the Police Department is currently recruiting for two vacant positions and one recently filled position is still in training; and, WHEREAS, hiring and training a police officer can take approximately a full year or longer from the time a vacancy exists until an individual can be hired, sent to attend a training academy, complete on-the-job field training, and be placed on their own filling an officer shift; and, WHEREAS, the City Administration anticipates that by evaluating the history of attrition, evaluating reasonably anticipated attrition in the future, and evaluating budget lapse that may occur as a result of attrition, that anticipatory hiring can be done largely in line with the approved budget; and, WHEREAS, the last several years have produced budget lapses from the Police Department due to the inability to maintain staffing; and, Page 29 Resolution No. 2019-73 Page 2 of 2 WHEREAS, there are some fiscal risks associated with anticipatory recruitment, in that if a period of full employment were to persist it may require additional appropriation, however, the benefits to public safety operations outweigh those risks. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That effective November 6, 2019, the City Manager is authorized to recruit for and hire one officer position more than is authorized within the budget based on anticipated attrition. Section 2. That the City Manager, in accordance with his authority to manage personnel program of the City, is authorized to recruit for and hire one officer position more than what is budgeted within the FY2020 budget. Section 3. That this resolution takes effect immediately upon passage. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of November 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 30 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross – Police Chief DATE: October 23, 2019 SUBJECT: Resolution No. 2019-73 - Authorizing the City Manager to Recruit for and Hire an Additional Officer Position ______________________________________________________________________ For several years now the Police Department has been unable to reach or maintain a status of fully staffed and fully trained. The Police Department and City Administration have been evaluating solutions to the staffing issues at the Police Department over the last couple years, and those efforts are continuing in order to find long term solutions to the problem. Current high rates of attrition, anticipated additional attrition, difficulty recruiting, and related impacts to operations and public service all indicate that we should consider additional steps in the near term. The Police Department has two vacancies at this time that are being recruited for, there is another recent hire attending the police academy, and there is an officer on light duty due to injury. Those circumstances leave 4 positions that are unable to fill police officer shifts at this time. Along with those currently existing issues there is the near term potential for one to three additional vacancies in the coming year. Additionally, within less than three years the remaining 4 employees that are in the PERS Tier 3 retirement system are all eligible for retirement. The impacts due to staffing have included: personal leave receiving increased scrutiny or denial, increased voluntary and assigned overtime shifts, reduced or denied training, removal of the police officer from the Kenai schools as a school resource officer for the 2019-2020 school year, removal of the officer from the regional drug task force, reduced response time to some calls, more calls where no officer is available at all, and increased scrutiny to close cases where the investigation requirements are disproportionate to resources. Hiring and training a police officer can take approximately a full year or longer from the time a vacancy exists until an individual can be hired, sent to attend a training academy, and complete on-the-job field training, and be placed on their own filling an officer shift. Page 31 Page 2 of 2 Resolution No. 2019-73 One of the near term solutions we looked at, is to pre-hire for anticipated attrition based on the consistent recent history of that. The last few years have produced significant budgetary lapse from the police department based on this inability to keep the positions filled. Hiring based on anticipated attrition does, however, carry fiscal risk that a period of staffing above what was budgeted for could exceed the budget and require additional appropriation. Your consideration of this Resolution allowing for hiring an additional officer, based on anticipated attrition, is appreciated. Page 32 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2019-74 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING A UTILITY EASEMENT TWENTY FOOT (20’) WIDE BETWEEN THE SHARED LOT LINES OF TRACT A AND LOTS 4, 5, 6, BLOCK 1, BRIDGE ROAD SUBDIVISION NUMBER TWO AND LOT 7A, BLOCK 1, BRIDGE ROAD SUBDIVISION LOCKWOOD ADDITION AS SET FORTH ON THE ATTACHED EXHIBIT “A” IS NOT NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO ITS VACATION. WHEREAS, on September 11, 2019, by Resolution No. PZ2019-36 the Planning and Zoning Commission of the City of Kenai recommended that the Kenai Peninsula Borough Planning Commission approve BRIDGE ROAD SUBDIVISION 2019 REPLAT with vacation of a twenty foot (20’) wide utility easement; and, WHEREAS, on October 14, 2019, the Kenai Peninsula Borough Plat Committee met and granted conditional approval of the Preliminary Plat of BRIDGE ROAD SUBDIVISION 2019 REPLAT consistent with the recommendation of the Planning and Zoning Commission for the City of Kenai; and, WHEREAS, ACS, GCI, ENSTAR Natural Gas, and Homer Electric Association have submitted written statements to the Kenai Peninsula Borough offering non-objection to the removal of the utility easement; and, WHEREAS, on October 14, 2019, the Kenai Peninsula Borough Planning Commission approved the vacation of utility easement; and, WHEREAS, on October 15, 2019, the Kenai Peninsula Borough submitted a letter to the Kenai City Council requesting the approval of the vacation of the Utility Easement, pursuant to Kenai Municipal Code 22.05.110; and, WHEREAS, Kenai Municipal Code 22.05.110 - Determination as to need for public use, states City Council may vacate rights-of-way or easements by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the utility easement within the BRIDGE ROAD SUBDIVISION 2019 REPLAT is no longer needed for a public use and the Council of the City of Kenai consents to the vacation of the Utility Easement located between the shared lot lines of former Tract A and Lots 4, 5, 6, Bridge Road Subdivision Number Two and former Lot 7A, Block 1, Bridge Road Subdivision Lockwood Addition as set forth on the attached Exhibit “A”. Section 2. That this resolution takes effect immediately upon passage. Page 33 Resolution No. 2019-74 Page 2 of 2 ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of November, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 34 Δ= NORTH Book No. :Scale 1" = 100'19-XXDate :AUG 2019 KPB File No.2019-xxx Drawn by :JAH Project No.192013 ENGINEERING - TESTING SURVEYING - MAPPING P.O. BOX 468 SOLDOTNA, AK. 99669 VOICE: (907) 283-4218 FAX: (907) 283-3265 WWW.MCLANECG.COM Plat # Time M Rec Dist Date 20 JAMES A. HALL 85032-S R E GISTEREDPROFESSIO N A L L A NDSURVEYORExhibit A Page 35 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: October 29, 2019 SUBJECT: Resolution No. 2019 - 74 – Determining a 20-Foot Wide Utility Easement Between Shared Lot Lines ____________________________________________________________________________ On September 11, 2019, the City of Kenai Planning & Zoning Commission passed Resolution PZ2019-36, recommending approval of the preliminary plat of BRIDGE ROAD SUBDIVISION 2019 REPLAT, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. A City of Kenai Water and Sewer Waiver Agreement be signed for the new parcel with the new owner. The preliminary plat showed a vacation of a utility easement twenty-foot (20’) wide between the shared lots lines of former Tract A and Lots 4, 5, 6, Block 1, Bridge Road Subdivision Number Two, and former Lot 7A, Block 1, Bridge Road Subdivision Lockwood Addition (to become Lot 4-A and Tract A-1, Block 1, Bridge Road Subdivision 2019 Replat). The preliminary plat of Bridge Road Subdivision 2019 Replat was granted conditional approval by the Kenai Peninsula Borough Plat Committee. On October 14, 2019, the Kenai Peninsula Borough Planning Commission approved the vacation of the utility easement and submitted a request on October 15, 2019 to the Kenai City Council to consent to the utility easement vacation pursuant to Kenai Municipal Code 22.05.110, Determination as to need for public use. Kenai Municipal Code 22.05.110 states City Council may vacate rights-of-way or easements by resolution. No objections have been received for the easement vacation and ACS, GCI, ENSTAR Natural Gas, and Homer Election Association have submitted written statements of non-objection to the Page 36 Page 2 of 2 Resolution No. 2019-74 removal of the utility easement. No utility lines were located within the reserved utility easement. With the removal of the lot lines between adjacent parcels, there is no longer a need to keep the easement in place along the rear of the former lots for utilities. Vacation of the utility easement will not affect access to the parcels. Thank you for your consideration. Page 37 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2019-75 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR CITY-OWNED LANDS APPRAISAL SERVICES WHEREAS, after advertising a Request for Proposals, the following proposals were received and ranked by City Administration on October 25, 2019: BIDDER RANKING TOTAL BASIC BID MacSwain Associates, LLC 1 $32,000 Rikrland Valuation Services 2 $58,895 WHEREAS, MacSwain Associates, LLC provides the best option for City based on evaluation criteria of the proposer’s experience, qualifications of key staff, proposal quality, understanding of the work to be performed, and cost; and, WHEREAS, the recommendation from City Administration is to award the contract to MacSwain Associates, LLC; and, WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the contract for City-Owned Lands Real Estate Appraisal Services is awarded to MacSwain Associates, LLC for the total amount of $32,000. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of November, 2019. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Finance ___________ Page 38 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: October 29, 2019 SUBJECT: Resolution No. 2019 - 75 – Awarding a Contract for City-Owned Lands Appraisal Services ____________________________________________________________________________ City Administration requested proposals from qualified independent real estate appraisers certified by the State of Alaska under AS 08.87 to provide appraisals for a number of City-owned properties to determine the fair market value of the properties as if vacant (site value). Many of the parcels are improved to their highest and best use and are encumbered by land lease agreements or are available for lease. The City determines annual rent by computing a lease rate percentage of the fair market value of the land. The parcels included in the appraisal are those requiring a determination of fair market value on a five-year cycle in order to compute a lease rate. Maps of the 41 specific properties requiring appraisal are included as an attachment to this memorandum. The City received two proposals to perform the required appraisals for City-owned lands. One proposal was from MacSwain Associates, LLC, and the other proposal was from Rikrland Valuation Services. A selection committee scored each proposal on the evaluation criteria outlined in the Request for Proposals (RFP). The evaluation criteria included the proposer’s experience, qualifications of key staff, proposal quality, the understanding of work to be performed, and cost. City Administration recommends awarding the contract to MacSwain Associates, LLC for the total cost of $32,000. Sufficient funds were appropriated for the project in the FY20 budget. If City Council approves the contract award with Resolution No. 2019-75, the attached draft Professional Services Agreement will be executed. Thank you for your consideration. Page 39 Professional Services Agreement Page 1 PROFESSIONAL SERVICES AGREEMENT (Real Estate Appraisal Services) THIS AGREEMENT is made this ____ day of ______________, 2019, between the City of Kenai (City), whose address is 210 Fidalgo, Kenai, AK 99611, and MacSwain Associates, LLC (Contractor), whose address is 4401 Business Park Boulevard, Suite 22, Anchorage, AK 99503. WITNESSETH WHEREAS, the City desires to obtain professional real estate appraisal services to determine the fair market value of certain City-owned lands for purposes of setting lease rental rates; and, WHEREAS, Contractor submitted a proposal to provide professional real estate appraisal services to the City of Kenai and the Contractor has demonstrated qualifications to perform the work in a timely manner. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. DEFINITIONS. A. "Agreement" means this Professional Services Agreement and all attachments hereto. B. “City,” unless the context clearly suggests otherwise, means the City of Kenai, its officers, agents, employees, and representatives. C. “Contractor,” unless the context clearly suggests otherwise, means MacSwain Associates, LLC, its officers, agents, employees, and representatives. D. “Project" means the appraisal of a number of municipally-owned properties located in the City of Kenai and as described in the Scope of W ork, below, and in the attachments hereto. 2. TERM. The Project shall begin on the effective date of this Agreement and the work shall be completed no later than March 2, 2020, unless sooner terminated according to the provisions of this Agreement. 3. COST. The total fee to be paid to the Contractor for this Agreement is a fixed fee of $32,000. At no time will any provision of this Agreement make the City liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 4. PAYMENT. Payment will be made by the City within 30 working days after receipt and approval of Contractor's billing statement and following acceptance by the City of Contractor's Final Appraisal Report and all associated, required documentation owned by the City and to be supplied by Contractor. Unless otherwise agreed, payment will be based on a properly- documented billing statement. Page 40 Professional Services Agreement Page 2 5. TAXES. Contractor shall obtain all necessary licenses and permits, pay all taxes lawfully-imposed on its business and/or sales, and pay any other fee or charge assessed under any applicable public statute, regulation, or ordinance. 6. SCOPE OF WORK. A. The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, Attachment A, to provide professional real estate appraisal services based on approved standards and instructions, as specifically described in the Request for Proposals (RFP) Attachment B to this Agreement. In general, Contractor shall perform the following services and provide the following work product. i. Conduct appraisals on parcels of municipally-owned land as provided in the Request for Proposals issued October 7, 2019 and contract documents. ii. Contractor shall provide the City with a Draft Appraisal Report no later than February 28, 2020. iii. Contractor shall provide the City with five (5) bound copies and one (1) electronic pdf copy of the Final Appraisal Report no later than March 2, 2020. B. Any work added or deleted from the Scope of Work shall be specified in a change order or addendum to this Agreement that will set forth the nature and scope of the deleted work and shall be signed by both parties to this Agreement. Work deleted under a change order shall not proceed thereafter. Performance of any work by Contractor shall waive any claim by Contractor for compensation of this deleted work. 7. COMPLETION DATES. A Draft Appraisal Report shall be due to the City no later than February 28, 2020. The Final Appraisal Report shall be due to the City no later than March 2, 2020. The Project shall be considered complete when the City has received and found acceptable all finished product of all work as described in contract documents, and in any authorized changes to this Agreement. 8. LIQUIDATED DAMAGES. Time is of the essence in performance of services under this Agreement. The City is timing matters relating to the Project and development of the Final Appraisal Report based upon and in reliance upon the Scope of Work dates and time schedules for performance by the Contractor. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the City. If Contractor fails to deliver the Final Appraisal Report by March 2, 2020, Contractor shall pay as liquidated damages and not as penalty $200 per day for each day after March 2, 2020, that Contractor fails to deliver the Final Appraisal Report. 9. PERSONNEL. A. The Project work and services provided by the Contractor will be performed by: MacSwain Associates, LLC. The following personnel are considered to be essential to the provision of adequate services by Contractor: Steve MacSwain, Dan Shantz, and Alex Kleinke. Page 41 Professional Services Agreement Page 3 B. Contractor shall give the City reasonable advance notice of any necessary substitution of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions shall be made without the written consent of the City. C. The City may, with reasonable cause, upon providing written notice to Contractor, cause to be removed immediately from the Project, or any phase thereof, any personnel whose continued involvement in the opinion of the City, is not in the best interest of the Project or the City. Contractor, upon receipt of such written notice to remove an individual(s), shall have five (5) business days to provide the City with the name and summary of credentials of proposed replacement(s) for those removed. The participation of those proposed personnel shall be subject to approval by the City. 10. OWNERSHIP OF WORK PRODUCT. Payment to Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor (and any subcontractors) pertaining to this Agreement. The originals of all material prepared or developed by Contractor, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished Contractor by the City hereunder, be delivered to the City upon request and/or upon termination or completion of this Agreement. Materials previously created and copyrighted by Contractor included in this Project will remain property of the Contractor although copies of said materials will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 11. STANDARD OF PERFORMANCE. Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder require professional judgment and skill and Contractor agrees to adhere to the professional standards and requirements applicable to Contractor’s profession and the work to be provided under the Project. 12. INDEMNIFICATION. A. General. Contractor shall indemnify, defend, and hold harmless the City and its agents, employees, and insurers from claim, loss, damage, liability, or expense of any kind alleged to arise out of or be related to any act or omission concerning the Project, this Agreement, and any work performed under or related to this Agreement, and caused in whole or in part by any act or omission of Contractor. This provision shall survive expiration or termination of this Agreement. This paragraph shall not be construed so as to require indemnification of the City from such claims, damages, death, losses, or expenses caused by or resulting from the sole negligence of the City. Page 42 Professional Services Agreement Page 4 B. Specific Indemnification for Patents, Trademarks, and Copyrights. Contractor agrees to defend, indemnify, and hold harmless the City, its agents, employees, and insurers harmless from and against any and all claims, loss, damage, liability, expense of any kind, and royalties of any kind of nature whatsoever which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by Contractor or its employees in connection with the performance of services under this Agreement infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etcetera, with one of equal efficiency. 13. INSURANCE. A. Contractor shall maintain in good standing the insurance described in subsection B of this Article. Before rendering any services under this Agreement, the Contractor will provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premiums have been paid, showing the types and monetary limits of coverage secured. All insurance requirements shall be subject to the sole determination of the City. The City Manager may, with the counsel of the City Attorney, waive or reduce the insurance requirements under (C) of this Article. B. Notwithstanding anything to the contrary, if Contractor fails or neglects to secure required insurance, or if said policy or policies are terminated, altered, or changed in any manner not acceptable to the City, then and in that event the City may cancel and/or terminate this Agreement, without penalty, on five (5) days’ written prior notice to Contractor. C. Contractor shall provide the following insurance: i. Comprehensive general liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual coverage with a per occurrence limit of not less than $1,000,000 combined single limit; and, ii. Worker's compensation insurance with coverage for all employees engaged in work under this Agreement as required by AS 23.30.045 (Proposer is responsible for worker's compensation insurance for any sub-proposer who directly or indirectly provides services under the Agreement); and, iii. Comprehensive automobile liability insurance covering all owned, hired, and non-owned vehicles with coverage limits not less than $1,000,000 combined single limit per occurrence, and, iv. For comprehensive general liability and automobile liability insurance, name the City of Kenai as an additional insured; and, v. For workers compensation insurance, general liability, and automobile liability insurance, where possible, include a waiver of subrogation so that the insurer Page 43 Professional Services Agreement Page 5 waives all rights of subrogation against the City of Kenai for payments made under the policy; and, vi. Provide Owner with at least 30 days’ written notice before any termination, cancellation, or material change in insurance coverage is effective; and, vii. Be issued by a company/corporation currently rated “A-” or better by A.M. Best. Proposer must indemnify, defend, and hold harmless the City and its agents, employees, and/or insurers from claim, loss, damage, liability, including injury and death, or expense in any way related to any act or omission of Proposer or Proposer’s employees, agents, or invitees arising out of Proposer’s performance of services under the Agreement, except to the extent any negligence of City or its employees or agents is a proximate cause of any injury or damage. If a third party asserts a claim against Proposer and City, Proposer and the City shall seek in good faith to achieve Agreement to an apportionment of fault as between them without an independent of litigation. This provision shall survive expiration or termination of any Agreement. 14. TERMINATION. A. Termination for Convenience. The City may terminate this Agreement, in whole or in part, at any time, by at least 15 days’ written notice to the Contractor. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which Contractor can establish and which would have been compensated for over the life of the phase of the appraisal underway, but because of the termination, would have to be absorbed by Contractor without further compensation. B. Termination for Cause. If Contractor fails to perform in the manner called for in this Agreement, or if Contractor fails to comply with any other provisions of the Agreement and fails to correct such noncompliance within five (5) days’ written notice thereof, the City may terminate this Agreement for cause. The City shall effect termination for cause by serving a notice of termination on the Contractor setting forth the manner in which Contractor is in default. Contractor will only be paid for services performed in accordance with the manner of performance set forth in this Agreement. If the City terminates this Agreement it will pay Contractor a sum equal to the percentage of work completed that can be substantiated by Contractor and the City. C. Activities Subsequent to Receipt of Notice of Termination. Immediately upon receipt of a notice of termination and except as otherwise directed by the City, Contractor shall: i. stop work performed under this Agreement on the date and to the extent specified in the notice; ii. terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated or suspended by the notice; iii. place no further orders for materials, services, or facilities, except as may be necessary for completion of such portion of the work under this Agreement that is not terminated or suspended; and, Page 44 Professional Services Agreement Page 6 iv. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the notice. 15. DISCRIMINATION PROHIBITED. Contractor shall not discriminate in the conduct of its work on the Project and performance of services under this Agreement on the grounds of race, color, religion, national origin, ancestry, marital status or change in marital status, age, or gender. Contractor understands that any such discrimination shall be deemed to be a material breach of this Agreement. 16. SAFETY/PERFORMANCE. Contractor shall perform the work in a safe and workmanlike manner. Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury, death, or damage, and shall take all other reasonable precautions to protect workers and the public from injury, death, or damage. 17. NO ASSIGNMENT OR DELEGATION. The Contractor may not assign or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the City. This consent shall not be unreasonably withheld. 18. INDEPENDENT CONTRACTOR. The Contractor is an independent contractor in the performance of the work under this Agreement and is not be an employee of the City. 19. NO JOINT VENTURE. This Agreement is not intended to create, and nothing in this Agreement should convey or be construed to create, a joint venture between the City and Contractor. No term or provision of this Agreement is intended to be, or shall be, for the benefit of any person, firm, organization, limited liability company, partnership or corporation, nor shall any other person, firm, organization, limited liability company, partnership or corporation have any right or cause of action hereunder. 20. COMPLIANCE WITH LAWS. Contractor shall at all times comply with all federal, state, and municipal laws, ordinances, rules and regulations, all applicable safety orders, all orders or decrees of courts and administrative agencies or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the services to be performed under this Agreement. 21. NOTICES. Any and all notices required or permitted under this Agreement shall be in writing and hand-delivered or mailed by certified mail, return receipt requested, or by overnight delivery to the following addresses: To City: City of Kenai Attn: City Planner 210 Fidalgo Avenue Kenai, AK 99611 Page 45 Professional Services Agreement Page 7 To Contractor: MacSwain Associates, LLC 4401 Business Park Boulevard, Suite 22 Anchorage, AK 99503 Either party may change its address for notice by giving notice as provided herein to the other party. Notice is effective upon hand delivery or deposit, postage prepaid, in the United States mail. 22. VALIDITY OF PARTS. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23. NO WAIVER. If the City does not insist in any one or more instances on the strict performance by the Contractor of any provision or article under this Agreement, it is not a waiver or relinquishment for the future, but the provision or article will continue in full force. A City waiver of any provision or article in this Agreement cannot be enforced nor relied on unless the waiver is in writing and signed on behalf of the City. 24. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. All negotiations, statements, representations, warranties, and assurances, whether oral or written, which are in any way related to the subject matter of this Agreement or the performance of either party hereto are merged and integrated into the terms of this Agreement. This Agreement may not be modified or amended except by a writing signed by both parties hereto, and any purported amendment or modification is without effect until reduced to a writing signed by both parties. 25. TIME OF ESSENCE. Time is of the essence in the performance of all rights and obligations of the parties to this Agreement. See also, paragraph 8, above, Liquidated Damages. 26. GOVERNING LAW. The laws of State of Alaska will determine the interpretation of this Agreement and performance thereof. 27. DISPUTES. In any dispute between the parties, the laws of the State of Alaska will govern. If any such dispute results in a lawsuit, the parties will bring the lawsuit before the courts of the State of Alaska in the Third Judicial District in Kenai. 28. ATTORNEY’S FEES AND COSTS. If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party may be entitled to full, reasonable attorney's fees and other Alaska R. Civ. P. 79 costs incurred in that action or proceeding. 29. RIGHTS OR REMEDIES. No right or remedy herein conferred upon or reserved to each respective party is intended to be exclusive of any other right or remedy. Each and every right Page 46 Professional Services Agreement Page 8 and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. 30. INTERPRETATION. Headings of paragraphs herein are solely for convenience of reference and shall not affect meaning, construction, or effect of this Agreement. Unless the context otherwise indicates, words expressed in the singular shall include the plural and vice versa. Unless the context otherwise indicates, the use of the neuter, masculine, or feminine gender shall include the others as well. 31. EFFECTIVE DATE. This Agreement and all of its terms shall be effective upon the later of signature of both parties. 32. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. WITNESS WHEREOF, the parties have set their hands and day and year as stated in the acknowledgments below. CITY OF KENAI: By: ___________________________ Paul Ostrander Its: City Manager MACSWAIN ASSOCIATES: By: ___________________________ Steve MacSwain Its: Owner STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ___________________, 2019, PAUL OSTRANDER, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) Page 47 Professional Services Agreement Page 9 THIS IS TO CERTIFY that on this ___ day of __________________, 2019, STEVE MACSWAIN, Owner of MacSwain Associates, LLC, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of MacSwain Associates, LLC. Notary Public for Alaska My Commission Expires: Page 48 KENAI CITY COUNCIL – REGULAR MEETING OCTOBER 16, 2019 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 PRESIDENT PRO TEM MOLLOY, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on October 16, 2019, in City Hall Council Chambers, Kenai, AK. Councilmember Molloy called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Council Member Molloy led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Robert Molloy Glenese Pettey Henry Knackstedt Tim Navarre (telephonic) Jim Glendening Robert Peterkin A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk MOTION: Council Member Knackstedt MOVED to elect Bob Molloy as President Pro Tem for the meeting. Council Member Glendening SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objection; SO ORDERED. 3. Certification of Election MOTION: Council Member Peterkin MOVED to certify the election results of October 1, 2019, as presented and Council Member Glendening SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. Page 49 City of Kenai Council Meeting Page 2 of 10 October 16, 2019 4. Administer Oath of Office The City Clerk administered the Oath of Office to Council Members Glendening and Pettey. 5. Agenda Approval President Pro Tem Molloy noted the following revisions to the packet: Add to item J.1. City Manager’s Report • Public Works Director Mid-Month Report MOTION: Council Member Knackstedt MOVED to approve the agenda with the requested revisions to the packet and requested UNANIMOUS CONSENT. Council Member Peterkin SECONDED the motion. VOTE: There being no objections, SO ORDERED. 6. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Peterkin SECONDED the motion. President Pro Tem Molloy opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS – None. C. UNSCHEDULED PUBLIC COMMENTS Peter Hanson provided a brief update on the bush doctor cabin noting the site for placement of the cabin had been determined and it was expected that the cabin would be moved to its location within a few weeks. Jon Taylor formerly of Artistic Puppy and Coy West from Diving Point spoke about their firms merging and their work to assist the City with marketing. D. PUBLIC HEARINGS Page 50 City of Kenai Council Meeting Page 3 of 10 October 16, 2019 1. Ordinance No. 3089-2019 - Amending Kenai Municipal Code Section 1.15.040, Agenda, to Revise Public Notice Requirements and Amend the Agenda/Packet Preparation, Distribution, and Publication Administrative Policies and Procedures to make Standard Revisions and Housekeeping Changes. (Council Members Molloy and Knackstedt) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3089-2019 and Council Member Peterkin SECONDED the motion. President Pro Tem Molloy opened for public hearing; there being no one wishing to be heard, the public hearing was closed. It was noted the motivation for the ordinance was for cost efficiencies by eliminating the requirement for publishing the entire agenda in the paper. It was further noted the change to the code indicated the requirements would be included in policies and the associated policy provided that “non-routine” items would be published and “non-routine” was defined. It was suggested members of the public looked to agendas to see what was coming up in the future to develop their comments and should still be published. The point was made that the savings could be taken a bit farther by requiring publication of only public hearing items which was consistent with the Kenai Peninsula Borough and City of Homer. It was noted that full agendas were available on the website and posted in City Hall and other places. It was noted that there was a need to serve the public to get them the information. Clarification was provided that the full agenda and packets were also available at the library. It was suggested that ordinances for introduction be read by the City Clerk during approval of the Consent Agenda to provide those listening to the meeting information on upcoming items. MOTION TO AMEND: Council Member Knackstedt MOVED to amend item C.1. of the policy to replace the words “non- routine” with “public hearing,” and removing item C.6. in its entirety and Council Member Peterkin SECONDED the motion. It was noted the practice was consistent with other municipalities and provided significant cost savings. VOTE ON THE AMENDMENT: YEA: Knackstedt, Glendening, Pettey, Navarre, Peterkin NAY: Molloy MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Knackstedt, Glendening, Pettey, Navarre, Peterkin NAY: Molloy Page 51 City of Kenai Council Meeting Page 4 of 10 October 16, 2019 MOTION PASSED. 2. Ordinance No. 3090-2019 - Increasing Estimated Revenues and Appropriations in the General and Public Safety Capital Project Funds and Accepting an Assistance to Firefighter Grant from the Federal Emergency Management Agency for the Cooperative Purchase of Self-Contained Breathing Apparatus for the City of Kenai Fire Department, Nikiski Fire Department and Central Emergency Services. (Administration) MOTION: Council Member Peterkin MOVED to enact Ordinance No. 3090-2019 and Council Member Glendening SECONDED the motion. President Pro Tem Molloy opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Appreciation was expressed for the collaboration and the Fire Department commended for their leadership. VOTE: YEA: Knackstedt, Glendening, Pettey, Molloy, Navarre, Peterkin NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 3091-2019 - Amending Kenai Municipal Code Section 17.10.010 – Mandatory Connection and Abandonment of Old Well, and Section 17.20.010 - Mandatory Connections and Abandonment of Old On-Site Sewer Systems, to Clarify the Intent of Ordinance 3003-2018 and Make Housekeeping Changes. (Council Member Knackstedt) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3091-2019 and Council Member Glendening SECONDED the motion. President Pro Tem Molloy opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Clarification was provided that the ordinance was a housekeeping ordinance to clarify intent that a water or sewer line wasn’t run down a right-of-way in order to hook up to a main, only if the main was immediately adjacent. Clarification was further provided that the change didn’t affect anyone utilizing an existing well. VOTE: YEA: Knackstedt, Glendening, Pettey, Molloy, Navarre, Peterkin NAY: Page 52 City of Kenai Council Meeting Page 5 of 10 October 16, 2019 MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2019-67 - Establishing Dates for Regular Meetings of the City Council for 2020. (City Clerk) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2019-67 and requested UNANIMOUS CONSENT. Council Member Peterkin SECONDED the motion. President Pro Tem Molloy opened for public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objection; SO ORDERED. 5. Resolution No. 2019-68 - Approving a Memorandum of Agreement between the U.S. Fish and Wildlife Service, Alaska Region, Alaska State Parks, and the City of Kenai for a Gateway to Public Lands Display in the Kenai Municipal Airport. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2019-68 and requested UNANIMOUS CONSENT. Council Member Peterkin SECONDED the motion. President Pro Tem Molloy opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Clarification was provided that the Airport Commission approved the agreement and liked the interactive display. VOTE: There being no objection; SO ORDERED. 6. Resolution No. 2019-69 - Awarding Non-Exclusive On-Airport Car Rental Concession to EAN Holdings, LLC, for the Period of December 1, 2019 through June 30, 2021. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2019-69 and requested UNANIMOUS CONSENT. Council Member Peterkin SECONDED the motion. President Pro Tem Molloy opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Clarification was provided that the concession was approved by the Airport Commission and that there was enough parking available. VOTE: There being no objection; SO ORDERED. Page 53 City of Kenai Council Meeting Page 6 of 10 October 16, 2019 7. Resolution No. 2019-70 - Approving a Standard Lease Form for City Lands Outside the Airport Reserve. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2019-70 and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. President Pro Tem Molloy opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Clarification was provided that code required the form to be approved by Council and that it was designed to be filled in for different scenarios dependent on applicable clauses. Clarification was also provided that lands the City was leasing, which was restricted by the FAA and outside of the Airport Reserve, were being addressed and there were options available to the lessee regarding improvements made to the property. Clarification was further provided that valuation processes and options to purchase were specified in code and an option to purchase document would be individualized. VOTE: There being no objection; SO ORDERED. An error in Resolution No. 2019-69 was noted and it was asked that section one of the Resolution be amended to reflect what was indicated in the title. MOTION TO RECONSIDER: Council Member Knackstedt MOVED to reconsider the adoption of Resolution No. 2019-69 and Council Member Peterkin SECONDED the motion. VOTE ON RECONSIDERATION: YEA: Knackstedt, Glendening, Pettey, Molloy, Navarre, Peterkin NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Knackstedt MOVED to amend section one of Resolution No. 2019-69 to read, “That the City Manager is authorized to sign a non-exclusive on-airport car rental concession to EAN Holdings, LLC with a commencement date of December 1, 2019, through June 30, 2021” and requested UNANIMOUS CONSENT. Council Member Peterkin SECONDED the motion. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the motion to adopt Resolution No. 2019-69 as amended. VOTE ON THE MAIN MOTION AS AMENDED: There being no objection; SO ORDERED. Page 54 City of Kenai Council Meeting Page 7 of 10 October 16, 2019 8. Resolution No. 2019-71 - Repealing Policy No. 2017-02, Supervisory Sub- Committee. (Council Member Knackstedt) MOTION: Council Member Knackstedt MOVED to enact Resolution No. 2019-71 and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. President Pro Tem Molloy opened for public hearing; there being no one wishing to be heard, the public hearing was closed. It was noted that Council’s three employees were annually reviewed and the resolution repealed the supervisory sub-committee as it wasn’t necessary and, if additional reviews were needed or if an employee wanted a review, those could be accomplished as a group. It was further noted that the three employees and the HR Director had no objection to the repeal of the sub-committee. It was suggested that if the policy needed to be amended that could be done; it had been good to hear from the employees on a regular basis. It was noted that normally employees have one boss to go to and it was recognized that having seven bosses could be difficult. It was suggested the sub-committee provided a proactive valuable tool as opposed to being reactive when things weren’t going well. It was also suggested that for consistency Council should have annual employee reviews and have the opportunity to meet with their employees along the way and it should be done together, not as a sub-committee. MOTION TO POSTPONE: Council Member Pettey MOVED to postpone Resolution No. 2019-71 and have an executive session. Council Member Peterkin SECONDED the motion. It was clarified that the subject matter may not qualify for executive session. MOTION TO AMEND POSTPONEMENT: Vice Mayor Navarre MOVED to remove the executive session requirement and add that it be postponed to the next meeting of the Council and Council Member Peterkin SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. VOTE ON THE AMENDED POSTPONEMENT: There being no objection; SO ORDERED. E. MINUTES 1. *Regular Meeting of October 2, 2019 Approved by the consent agenda. F. UNFINISHED BUSINESS – None. Page 55 City of Kenai Council Meeting Page 8 of 10 October 16, 2019 G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Ordinance No. 3092-2019 - Amending Kenai Municipal Code, Section 1.10.030 – Organization Meeting, to Provide that the Terms of Office of the Mayor and Other Councilmembers Shall Begin the Monday Following Certification of the Election. (City Clerk) Introduced by the consent agenda and public hearing set for November 6. 3. *Ordinance No. 3093-2019 - Accepting and Appropriating a Grant From the U.S. Department of Homeland Security Passed through the State of Alaska Department of Military and Veterans’ Affairs for the Purchase of a Fire Station Alerting System, an IT Security Audit, and Base Radio System Replacement for Dispatch. (Administration) Introduced by the consent agenda and public hearing set for November 6. 4. *Ordinance No. 3094-2019 - Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. (Administration) Introduced by the consent agenda and public hearing set for November 6. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – It was reported that at their October 10 meeting the Council continued discussions regarding a Code of Conduct for the Senior Center; next meeting November 14. 2. Airport Commission – It was reported that at their October 10 meeting the Commission recommended approval of a Memorandum of Agreement for an interpretive display regarding public lands and a rental car concession; next meeting November 14. 3. Harbor Commission – No report; next meeting November 4. 4. Parks and Recreation Commission – It was reported that at their October 3 meeting the Commission discussed multi-purpose facility banners; next meeting November 7. 5. Planning and Zoning Commission – No report; next meeting October 30. 6. Beautification Committee – It was reported the Committee did not have a quorum for their October 8 meeting; next meeting January 14. 7. Mini-Grant Steering Committee – It was reported the Committee approved a $200 grant to Mountain View Elementary School to paint pumpkins during the Pumpkin Festival. I. REPORT OF THE MAYOR – None. Page 56 City of Kenai Council Meeting Page 9 of 10 October 16, 2019 J. ADMINISTRATION REPORTS 1. City Manager –City Manager P. Ostrander reported on the following: • Discussions ongoing with Mayor Pierce regarding increased costs to commercial businesses for refuse and increased costs for sludge refuse; • Toured the Golf Course and discussed capital projects with them; noted the spruce bark beetle-killed trees would be a significant issue for them to deal with; • Recruitment opened for the third time for a Library Director noting recruitment for smaller libraries was often difficult; • The draft Land Management Plan was finished and the next step was taking the draft and working on it administratively; • Provided an update on the number of restrooms and toilet paper dispensers at the airport; • The City’s request to fund the Design Phase of the Bluff Erosion Project was with the Secretary of the Army, Civil Works to be signed; and • Upcoming travel to an International City Managers Association Conference and then a Board of Fisheries Meeting. 2. City Attorney – City Attorney S. Bloom provided an update on meetings with the Kenai Peninsula Borough regarding online sales tax collection through Alaska Municipal League and the need for an Intergovernmental Remote Seller Sales Tax Agreement. He explained that municipalities that sign on will form a Commission and by-laws and the Commission will buy software to enable collection of online sales tax. He added that case law indicated a requirement for a centralized collection point with one sales tax code to decipher. He also added that staff still had some concerns but they were hopeful that by signing on and being members of the Commission the City can help shape the project going forward and, if needed, the City could get out of the agreement with a 30-day notice. Mr. Bloom also noted he attended an Airport Executive Law W orkshop recently and topics such as grant assurances, finance, concessions, per and polyfluoroalkyl substances pollution, contracting, and leases were presented. He thanked Council for the opportunity to attend. 3. City Clerk – City Clerk J. Heinz noted recruitment was ongoing for the recruitment of Committee and Commission members. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments Council Member Pettey noted the good work accomplished by the Council during the meeting. Council Member Peterkin noted the Pumpkin Festival looked successful and that he attended Kenai Brown Bear hockey games; the team did well and there was a good attendance. Page 57 City of Kenai Council Meeting Page 10 of 10 October 16, 2019 Council Member Knackstedt noted he regretted he was unable to make it to the Pumpkin Festival. Council Member Glendening noted he attended the Pumpkin Festival noting it was well attended. He also noted the census coming up in 2020 with a goal to count everyone, adding that federal funding was affected by the counts. Council Member Molloy noted the hay maze at the Pumpkin Festival; he appreciated working with Council Member Knackstedt on the ordinance regarding agenda publication and that it worked to collaborate on something where you don’t necessarily agree. He thanked Council Member Knackstedt for the collaboration and the assistance of the City Clerk and the City Attorney. Finally, he thanked the marketing firm for their work with the City. Vice Mayor Navarre noted he looked forward to Council Members Glendening and Pettey serving for another three years. L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:42 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of October 16, 2019. _____________________________ Jamie Heinz, CMC City Clerk Page 58 KENAI CITY COUNCIL WORK SESSION IPAD APP TRAINING OCTOBER 16, 2019 – 5:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 COUNCIL MEMBER BOB MOLLOY, PRESIDING NOTES Council present: H. Knackstedt, B. Molloy, R. Peterkin Others present: City Manager P. Ostrander, City Attorney, S. Bloom, City Clerk J. Heinz Council Member Bob Molloy called the work session to order at approximately 5:10 p.m. advising the work session was called for Council to receive training from the City Clerk on a more user friendly iPad app for Council packets. City Clerk, Jamie Heinz, provided training for the Adobe Acrobat App including the following: 1. Basic Operations • Downloading a packet • Renaming a packet • Creating folders 2. Working with Documents • Opening and viewing a document • Bookmark view • Sub-bookmarks within the bookmark view • Annotation options • Annotation view The work session adjourned at approximately 5:30 p.m. Notes were prepared by: _______________________________ Jamie Heinz, CMC City Clerk Page 59 _____________________________________________________________________________________ Sponsored by: Council Member Knackstedt CITY OF KENAI RESOLUTION NO. 2019-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING THE ESTABLISHMENT OF A SUB-COMMITTEE OF COUNCIL FOR THE SUPERVISION OF THE CITY ATTORNEY, CITY CLERK AND CITY MANAGER AND REPEALING COUNCIL POLICY 2017-02 ESTABLISHING PROCEDURES AND RESPONSIBILITIES OF THE SUB- COMMITTEE. WHEREAS, the City Attorney, City Manager and City Clerk are appointed and removed by the City Council; and, WHEREAS, the City Council reviews these employees’ performance; and, WHEREAS, the Sub-Committee formed by the City Council to provide further review and supervision for these employees is not needed; and, WHEREAS, rather than utilize a sub-committee, any additional needed review and communication can be accomplished by the Council as a whole. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Sub-Committee of the City Council formed for the purpose of improving efficiency in the supervision of the City Attorney, City Clerk and City Manager is repealed along with Policy No. 2017-02: Supervisory Sub-Committee. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of November 2019. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 60 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Council Member Henry Knackstedt DATE: October 7, 2019 SUBJECT: Resolution No. 2019 – 71 Repealing the Council’s Supervisory Sub- Committee and Associated Policy No. 2017-02 ____________________________________________________________________________ The City Council appoints and removes the City Attorney, City Clerk and City Manager as well as reviews these employees’ performance. In 2017, the Council created a Sub-Committee to provide an additional tool for communicating with these employees. The Sub-Committee was intended to act as an informal liaison between the Council and its employees. After trying this approach for a couple years, I do not find the Sub-Committee to be necessary and believe the Council as a whole can adequately provide performance reviews and communicate effectively with its employees. This resolution would repeal the formation of the Sub-Committee and associated Policy No 2017- 02: Supervisory Sub-Committee. Your consideration is appreciated. Page 61 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Tim Navarre, Vice Mayor DATE: October 31, 2019 SUBJECT: Resolution No. 2019 – 71 – Council Supervisory Sub-Committee ____________________________________________________________________________ I recommend that rather than repealing Council’s Supervisory Sub-Committee, Council make the following amendments discussed below. While the Sub-Committee may not have been meeting as anticipated, there is still value in having this tool as a benefit for both the Council and its employees, now and in the future. The first amendment proposed below removes the set number of meeting requirements. The second proposed amendment is intended to ensure the Sub- Committee is merely a conduit between the Council and its employees to ensure compliance with the Open Meetings Act. If Council desires to amend, rather than repeal the Policy, this Resolution should be postponed, and I will sponsor a substitute resolution at the next meeting. Your consideration is appreciated. POLICY NO. 2017-02: SUPERVISORY SUB-COMMITTEE A. Purpose The purpose of this Policy is to establish procedures and duties of the Supervisory Sub- Committee of the City Council for the purpose of facilitating communication and efficiency between the City Council and the City Attorney, City Manager and City Clerk regarding performance and other work matters. B. Appointment The Supervisory Sub-Committee will consist of three Councilmembers, including the Mayor, Vice- Mayor and a third Councilmember appointed by the Mayor and confirmed by Council. The appointment of the third member shall occur at the same Council Meeting that committee and commission liaisons are appointed and confirmed, or as soon thereafter as practicable. Page 62 Page 2 of 2 Resolution 2019-71 C. Procedures The Supervisory Sub-Committee will meet privately with the City Attorney, City Manager and City Clerk at least once each quarter as needed to review performance related matters and/or other work related matters. Meetings may be with one or more council employees. In the quarter in which the Council completes an annual review of the employees’ performance, the Supervisory Sub-Committee shall meet with each employee after the annual performance review. D. Duties The Supervisory Sub-Committee shall discuss performance related matters and/or other work related matters with the City Attorney, City Manager and City Clerk. After each meeting, the Supervisory Sub-Committee shall provide a written report available to the City Council and employee. This report shall be considered a confidential working record for the sole purpose of accumulating data for evaluation reports. Such reports shall be kept outside the employee’s personnel file and destroyed after each annual evaluation performed by the City Council. The reports shall be considered unofficial and have no standing other than as a temporary record of items discussed. Such reports are confidential, and shall be sealed and maintained by the City Clerk and are accessible only to the City Council and Council employee. The Supervisory Sub-Committee may take no action, but shall act as an informal liaison between Council and its employee’s. The Supervisory Sub-Committee may make recommendations and reports to Council regarding performance, monitor performance expectations and goals, provide recommendations to employees regarding performance and work place matters and convey direction determined by Council. The City Attorney, City Manager, and City Clerk may contact any Councilmember or the Council as a whole regarding any work related matter, and also may request meetings on a more frequent basis with the Supervisory Sub-Committee. This Policy does not preclude Councilmembers or the Council as a whole from addressing its employees on performance or other work related matters by other means. Page 63 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: NOVEMBER 6, 2019 VENDOR PERS INTEGRITY JANITORIAL PRECIOUS JANITORIAL PRECIOUS JANITORIAL PRECIOUS JANITORIAL PRECIOUS JANITORIAL HOMER ELECTRIC INVESTMENTS VENDOR PIPER JAFFRAY PIPER JAFFRAY PIPER JAFFRAY DESCRIPTION PERS SEPT. SERVICE AT CITY HALL SEPT. SERVICE AT LIBRARY SEPT. SERVICE AT TERMINAL SEPT. SERVICE AT POLICE SEPT. SERVICE AT VISITOR CENTER ELECTRIC USAGE DESCRIPTION U.S . GOVT SECURITY U.S . GOVT SECURITY U .S. GOVT SECURITY DEPARTMENT VARIOUS NON-DEPARTMENTAL LIBRARY AIRPORT POLICE VISITOR CENTER VARIOUS MATURITY DATE 2/3/2020 1/29/2020 10/17/2022 ACCOUNT LIABILITY REPAIR & MAINTENANCE REPAIR & MAINTENANCE REPAIR & MAINTENANCE REPAIR & MAINTENANCE REPAIR & MAINTENANCE UTILITIES AMOUNT 247,000.00 247,000 .00 500,000.00 AMOUNT 96,404.82 1,389 .00 2 ,795 .00 4,495 .00 978 .00 928 .00 117,848.27 Effect. Int. 1.80% 1.85% 2.00% Page 64 PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCI L MEETING OF : NOVEMBER 6, 2019 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT ZONES DELL COMPUTERS & MONITORS VARIOUS SMALL TOOLS 30 ,405.20 BDO ANNUAL AUDIT LEGISLATIVE PROFESSIONAL SERVICES 47 ,650.00 AIRPORT OPS DRY SPRINKLER ACCEL F IRE SYSTEMS REPLACEMENT A/P ARFF/SRE FACILITY CONSTRUCTION 18,576.00 INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # -DEPT. REASON AMOUNT TOTAL PO AMT Page 65 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manger Terry Eubank, Finance Director FROM: Dan Castimore, IT Manager DATE: October 29, 2019 SUBJECT: Purchase Orders Over $15,000 – Computer Replacement Schedule/ Zones LLC During the FY19 budget process, the decision was made to change how the City budgets for replacement computers. In the past, the City has replaced computers on an individual basis; however, this makes budgeting difficult as the cost to each department can vary wildly from year to year. For FY20, departments will be charged based on the price of 1/5 of each computer each year. The amount budgeted was $260 per computer, or $1,300 every five years. This will provide for replacement of a $1,000 computer and a $300 monitor, or a $1,300 laptop. Because most users have two monitors, and a monitor has a ten-year life, budgeting for one replacement every five years is sufficient. The total number of computers was split up over five years based on the original purchase date. During the first round of replacements, through FY24, the average age of replacement will be 6.3 years. Beginning in FY25 computers will be replaced on a five-year schedule. A request for equipment standardization and exemption from formal bid was approved by the City Manager on October 4, 2019. I requested quotes from four vendors and received a response from each. The lowest price was $30,405.20 from Zones LLC. At this time I am recommending that the City completes the purchase of this hardware from Zones LLC. Thank you for your consideration. Page 66 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: October 30, 2019 SUBJECT: Purchase Orders over $15K ____________________________________________________________________________ The purpose of this memo is to request approval to issue a Purchase Order to Accel Fire Systems, Inc. in the amount of $18,576.00 for the completion of the Kenai Municipal Airport Operations Facility Dry Sprinkler Replacements Project. This project was approved with the FY2020 Budget with $40,000 appropriated within the Airport Operations Facility Improvement Capital Projects Fund. A Request for Quotes was sent to four qualified firms; Accel Fire Systems, Inc. was found to be the lowest responsive and responsible quote. The Project is anticipated to start and finish before December 1, 2019. Council’s approval is respectfully requested. Page 67 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3095-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND – POLICE DEPARTMENT AND ACCEPTING A GRANT FROM THE DEPARTMENT OF JUSTICE FOR THE PURCHASE OF BALLISTIC VESTS. WHEREAS, the Kenai Police Department participates in a Ballistic Vest Partnership (BVP) grant program through the Department of Justice; and, WHEREAS, those grant funds are available to cover 50% of the cost of replacement ballistic vests for officers on a five-year replacement cycle; and, WHEREAS, two ballistic vests will be replaced this fiscal year under the grant program at a cost of $945 each, and half of that ($945) is eligible for reimbursement by the grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept and expend a Department of Justice Ballistic Vest Partnership grant for the replacement of two (2) ballistic vests. Section 2. That estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Federal Grants - Police $945 Increase Appropriations – Police – Small Tools $945 . Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. Page 68 Ordinance No. 3095-2019 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of December, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: Introduced: November 6, 2019 Enacted: December 4, 2019 Effective: December 4, 2019 Page 69 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross – Police Chief DATE: October 23, 2019 SUBJECT: Ordinance No. 3095-2019 - Accepting and Appropriating a Grant from the Department of Justice ______________________________________________________________________ The police department participates in the Department of Justice’s Ballistic Vest Partnership (BVP), which provides grant funds for half the cost of Officer ballistic vest replacement on a five-year cycle. This year there are two vests to replace at a cost of $945 each, therefore the available grant funds will be $945. I am respectfully requesting consideration of the ordinance accepting and appropriating the grant funds for the purpose they were intended. Page 70 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3096-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DETERMINING THAT REAL PROPERTY DESCRIBED AS LOT ONE (1), ALEYESKA SUBDIVISION PART 3, ACCORDING TO PLAT NO. 1531 AND LOT ONE A (1-A), ALEYESKA SUBDIVISION PART 3, ACCORDING TO PLAT K-1531, CITY-OWNED AIRPORT LAND LOCATED OUTSIDE THE AIRPORT RESERVE, IS NOT NEEDED FOR A PUBLIC PURPOSE AND AUTHORIZING THE SALE OF THE PROPERTY TO MITAK INC. WHEREAS, the City of Kenai received a quitclaim deed from the Federal Aviation Administration (FAA) on December 1, 1963, to nearly 2,000 acres of land subject to certain restrictions, including a restriction that no property shall be used, leased, sold salvaged, or disposed of for reasons other than for airport purposes; and, WHEREAS, on February 4, 1982, the FAA executed a Deed of Release, for an area of land subject to the Quitclaim Deed shown as Unit D-1 on the Airport Layout Plan that included Lot One (1), Aleyeska Subdivision Part 3, according to Plat No. 1531 and A lot One A (1-A), Aleyeska Subdivision Part 3, according to Plat K-1531, allowing a lease, sale, or disposal for nonairport purposes; and, WHEREAS, the City has received a request to purchase Lot 1 and Lot 1-A, Aleyeska Subdivision from MITAK, Inc., the current lessee; and, WHEREAS, KMC 22.05.015 – Disposition of City Land, Land Available for Lease, Sale Or Disposal, provides that the City may sell City-owned real property outside the Airport Reserve when in the judgement of the City Council, such lands are not required by the City for a public purpose; and, WHEREAS, the properties are leased to MITAK, Inc. and developed for private commercial use and not needed for a public purpose; and, WHEREAS, Resolution No. 2018-12 amended the City’s Policy for sale of specific Airport Land Lots and both of these are parcels are addressed in the policy; and, WHEREAS, the sale of this property is in the best interest of the City and Kenai Municipal Airport and encourages new development and/or improvements to the property; and, WHEREAS, KMC 22.05.095 – Disposition of City Land, Methods of Sale or Disposal, allows for a non-competitive sale at not less than fair market value. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Page 71 Ordinance No. 3096-2019 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 1. Statement of Ownership: That the City of Kenai is the owner of Lot One (1), Aleyeska Subdivision Part 3, according to Plat No. 1531 and A lot One A (1-A), Aleyeska Subdivision Part 3, according to Plat K-1531. Section 2. Public Purpose and Best Interest Findings: That the Property is not needed for future public municipal or Airport purposes. Under the Airport Layout Plan, the Property is designated for non-aviation commercial uses. The sale of the Property is in the best interests of the City and Airport, as it serves a purpose of continuing commercial growth and investment in the City and will add to the Airport’s Land Sale Permanent Fund. Section 3. Authorization of Sale: That the Kenai City Council hereby authorizes the City Manager to sell the City-owned lands described as Lot One (1), Aleyeska Subdivision Part 3, according to Plat No. 1531 and A lot One A (1-A), Aleyeska Subdivision Part 3, according to Plat K-1531, under the procedures and terms established for the sale of City-owned lands outside of the Airport Reserve, as set forth in KMC 22.05.095, Disposition of City Land, Methods of Sale or Disposal, and subject to the following additional essential terms and conditions of sale under the Policy for Sale of Specific Airport Leased Lands approved by City of Kenai Resolution No. 2018- 12: (a) The sale will be made through a negotiated sale to MITAK, Inc. for $605,000, a value determined by an appraisal dated September 5, 2019 that valued Lot 1 at $535,000 and valued Lot 1-A at $70,000, and a minimum new investment in the construction of new permanent improvements on the premises equal to 25% of the fair market value of the land ($151,250) within three (3) years of sale. Section 4. Title: That title shall be conveyed by quitclaim deed. Any instrument conveying title to the Property shall include the following restrictions, promises, and/or covenants: (a) that the City of Kenai reserves unto that the grantee expressly agree for itself and its heirs, executors, administrators, successors, transferees, and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on or at and for taking off from or operating on Kenai Municipal Airport; and, (b) that the grantee expressly agree for itself and its heirs, executors, administrators, successors, transferees, and assigns to restrict the height of structures, objects of natural grown, and other obstructions on the Property to a height of not more than 242 feet above mean sea level; and, (c) that the grantee expressly agree for itself and its heirs, executors, administrators, successors, transferees, and assigns to prevent any use of the Property which would interfere with landing or taking off of aircraft at the Kenai Municipal Airport, or otherwise constitute an airport hazard; and, (d) that all covenants heretofore stated shall run with the land and shall inure to the benefit of, and be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the parties to the contract for sale and conveyance. Page 72 Ordinance No. 3096-2019 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 5. Proceeds of Sale: That should a sale of the Property be finalized, all revenues from the sale shall be deposited in the Airport Land Sale Permanent Fund for use in the development, improvement, and operation of the Kenai Municipal Airport and as otherwise required in the Deed of Release dated February 4, 1982. Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of December, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: November 6, 2019 Enacted: December 4, 2019 Effective: January 4, 2020 Page 73 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: October 29, 2019 SUBJECT: Ordinance No. 3096 - 2019 Authorizing Sale of Property to MITAK, Inc. ____________________________________________________________________________ MITAK, LLC submitted a request to purchase the above City-owned leased land outside the Airport Reserve with substantial constructed leasehold improvements pursuant to the City’s Policy for Sale of Specific Airport Leased Lands, approved by Resolution No. 2018-12. Main Street Tap & Grill and the Main Street Hotel are currently operated by the lessee on these parcels. A map attached to this memorandum shows their location. MITAK, Inc. is the current lessee of Lot 1 and Lot 1-A, Aleyeska Subdivision Part 3. The lease for Lot 1 was entered into on May 5, 1967, to be used in accordance with the zoning code for the City of Kenai. The lease for Lot 1-A was entered into on March 1, 1968, to provide a parking area behind the hotel. The leases had been transferred several times over the years before MITAK was assigned the leases in 2006. MITAK, LLC subleases the properties to Pink Coyote Limited. The 54-year and 55-year lease terms for both properties expires on June 30, 2022. MITAK, Inc. is current on obligations due to the City and the leases are in good standing. On February 4, 1982, the Federal Aviation Administration (FAA), released the property for sale for other than airport purposes, allowing the property to be sold at fair market value. All revenues from the sale would be deposited in the Airport Land Sale Permanent Fund for use in the development, improvement, and operation of the Kenai Municipal Airport as required by the Deed of Release. The City’s Policy does not provide for the sale of any specific property, but only a method for such sale, subject to the Ordinances of the City of Kenai. The policy is in effect until July 6, 2021. Any specific sale must be separately approved by the sole discretion of the Kenai City Council. MITAK, Inc. requests to purchase the properties at their fair market value excluding lessee-constructed improvements as determined by an appraisal and a minimum new investment in the construction Page 74 Page 2 of 2 Ordinance No. 3096-2019 of new permanent improvements on the premises equal to 25% of the fair market value of the land within three years of sale. MITAK, Inc. submitted a good-faith deposit and the City ordered an appraisal to be performed on the property as-if vacant. The fair market value of the properties was determined to be $605,000 in total ($535,000 for Lot 1 and $70,000 for Lot 1-A) by appraisals performed by Reliant, Advisory Services, LLC on September 5, 2019. Based on the amount of the appraisal, MITAK, Inc. proposes to meet the minimum new investment requirement equal to $151,250 on the premises through an interior remodel of the hotel and restaurant building and improvements to the parking lot asphalt and landscaping. The City will verify the value of the improvements using an estimate from a licensed contractor. The permanent improvements must be completed within three (3) years of the sale. If the City Council approves the sale, City Administration may proceed with a sale. Thank you for your consideration. cc: MITAK, Inc. Page 75 KENAI SPUR HWY M A I N S T R E E T L O O P R D Date: 10/28/2019 The information depicted here on is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map. 04338003 (Lot 1-A)04338004 (Lot 1), Aleyeska SubdPart 3 Map forOrdinance No. 3096-2019. 0 8040 Feet 04338003Lot 1-A 04338004Lot 1 Page 76 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3097-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE TERMINAL IMPROVEMENTS CAPITAL FUND, AND AUTHORIZING AN INCREASE TO THE CONSTRUCTION PURCHASE ORDER TO BLAZY CONSTRUCTION, INC. WHEREAS, the City of Kenai executed a Construction Agreement with Blazy Construction, Inc. on October 1, 2018 for the Terminal Rehabilitation Project in the amount of $10,985,994; and, WHEREAS, Council, through enactment of Ordinance 3037-2018 authorized the City Manager to issue a Purchase Order in the amount of $11,485,994 for the Contract amount of $10,985,994 including $500,000 of contingency funding; and, WHEREAS, Council, through enactment of Ordinances 3060-2019 and 3080-2019 increased estimated revenues and appropriations by $734,232.51 to provide for continued project contingency funds and increased the purchase order amount to $12,220,226.51; and, WHEREAS, to date the City has executed six change orders totaling $980,165.39; and, WHEREAS, the Federal Aviation Administration grant eligible portion of those Change Orders 1- 6 has been determined to be $868,181.49 with the City of Kenai’s share as $111,983.90; and, WHEREAS, Administration is requesting appropriation of the additional eligible federal share and an increase to the authorized Purchase Order Amount to Blazy Construction, Inc. of the same amount, $133,948.98 to replenish project contingency and to allow for the continued processing of future change orders; and, WHEREAS, once complete, the authorized purchase order amount to Blazy Construction, Inc. will be $12,354,175.49, the authorized contract to Blazy Construction, Inc. will be $11,966,159.39, with available contingency to complete the project of $388,016.10; and, WHEREAS, Council will continue to be informed of Change Orders through Public Works Mid- Month Report. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. The City Manager is authorized to accept grant funding from the Federal Aviation Administration in the amount of $133,948.98 for the grant eligible portions of Change Order 6 to Blazy Construction, Inc. Page 77 Ordinance No. 3097-2019 Page 2 of 2 _____________________________________________________________________________________ Section 2. The City Manager is authorized to increase Purchase Order No. 116510 to Blazy Construction, Inc. by $133,948.98. Section 3. That the estimated revenues and appropriations be increased as follows: Terminal Improvement Capital Project Fund: Increase Estimated Revenues – FAA Grant $133,948.98 Increase Appropriations: Construction $133,948.98 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 upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of December, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: Introduced: November 6, 2019 Enacted: December 4, 2019 Effective: December 4, 2019 Page 78 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: October 30, 2019 SUBJECT: Ordinance No. 3097-2019 – Authorizing increases to the Terminal Rehabilitation Project ____________________________________________________________________________ The Kenai Municipal Airport Terminal Rehabilitation Project has been underway since October 1, 2018. The current completion date has been adjusted slightly to February 20, 2020 through execution of Change Order 6 which added 18 Calendar days as the result of labor and material delays resulting from highway closures from the Swan Lake Fire. The Project was awarded with $500,000.00 in contingency funds to allow for the prompt processing of change orders during construction to minimize potential cost impacts related to time delays. The Public Works Director in coordination with the City Manager have been reviewing and processing change requests as they are received, and notifying council through Departmental Mid-month reports throughout the project. To summarize: Change Order #1 - $188,955.55 executed on January 31, 2019 Change Order #2 - $272,630.01 executed on March 4, 2019 Ordinance 3060-2019 appropriating the Federal share of CO#1-2 April 3, 2019- $408,849.41 Change Order #3 - $203,602.75 executed on April 26, 2019 Change Order #4 - $67,624.42 executed on May 29, 2019 Ordinance 3080-2019 appropriating the Federal share of CO#3-5 August 21, 2019 - $325,383.10 Change Order #5 - $96,126.03 executed on September 3, 2019 Change Order #6 - $151,226.63 executed on October 21, 2019 Page 79 Ordinance No. 3097-2019 The Original Contract to Blazy Construction, Inc. was $10,985,994.00 Total Change Orders to date CO#1-6 - $980,165.39 Total Contract to date shall be $11,966,159.39 Passage of this Ordinance will replenish the contingency and allow for the continued processing of future change orders. Council will continue to be informed of change orders through Public Works Mid-Month reports. As a reminder to Council, the extent of the Asbestos Abatement, is the largest contributing factor to the additional costs, accounting for $546,896.40 of all change orders to date. Council’s approval is respectfully requested. Page 80 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: October 28, 2019 SUBJECT: Action Approval – Renaming of the Kenai Multi-Purpose Facility ____________________________________________________________________________ The purpose of this memorandum is to seek authorization from the Kenai City Council to pursue advertising and naming rights for the City of Kenai, Multi-Purpose Facility, also known as, the Kenai Ice Rink. The previous advertising and naming agreement was between the City of Kenai and ConocoPhillips Alaska in 2005. The terms of this agreement was for three years and included a one-time $15,000 payment. This agreement expired in 2008. Authorization would allow Administration to pursue an open and competitive process whereby third parties may express their interest in the exclusive advertising and naming rights of the above- mentioned facility. Negotiations would commence after the designated closing date for submission of proposals for development of a Facility Advertising and Naming Rights Agreement. Thank you for your consideration. Page 81 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: October 31, 2019 SUBJECT: Action Approval - Authorizing SUP to Axtel Enterprises, LLC for Fuel Reduction at Tract A Kenai Meadows (2200 Redoubt Avenue) ____________________________________________________________________________ Mr. Walter Blauvelt, owner of Axtel Enterprises, LLC, contacted the City to request a Special Use Permit to clear dead and dying trees for fuel reduction at Tract A Kenai Meadows. The City owns Tract A Kenai Meadows (2200 Redoubt Avenue), a vacant parcel of approximately 72.21 acres. There are many dead or dying trees on the parcel due to damage from the spruce bark beetle (Denfroctonus rufipennis). Dead and dying spruce trees present a wildfire hazard when standing because they can support intense, rapidly moving crown fires and when fallen they can support intense surface fires. Axtel Enterprises, LLC is currently doing work to clear dead and dying trees for fuel reduction on the parcel adjacent to Tract A Kenai Meadows for Hall Building LLC (1712 Redoubt Avenue). City staff looked at the work being done on this parcel on October 29, 2019. The site was appropriately thinned and was not clear-cut. Logs were neatly stacked and the site looked neat without slash left messily. Axtel Enterprises, LLC has also done similar work for the Kenai Peninsula Borough through a Land Use Permit granted in May 2019 after requesting access to remove dead trees from Borough-owned property. Kenai Peninsula Borough staff reported being pleased with the work of Axtel Enterprises, LCC during a phone call with City staff on October 31, 2019. Terms and conditions applied to the Special Use Permit would protect the value of the parcel for the City. Terms in the Special Use Permit include: no roads or other development must be created, the premises must be left in clean and neat condition, all slash and debris may not be scattered or left in piles and should be removed from the site, open fires are prohibited, and City staff may conduct site inspections. Page 82 Page 2 of 2 Action Approval for SUP to Axtel Enterprises, LLC for Fuel Reduction The Special Use Permit would be granted for a time period of six months for non-exclusive right of access to Tract A Kenai Meadows. If the Council approves, City Administration would finalize the Special Use Permit. cc: Axtel Enterprises, LLC Page 83 THIRD STREDOUBT AVESECOND STNIGHTINGALE STFOURTH STFLORIDA AVE SKYL E R L N CALIFORNIA AVE JULIE ANNA DR MIRANDA CT Date: 10/31/2019 The information depicted here on is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map. Exhibit A Special Use PermitAxtel Enterprises, LLCfor Fuel Reduction City-Owned Parcel03901065Tract AKenai Meadows2200 Redoubt Avenue . 0 460230 Feet Page 84 Special Use Permit—Axtel Enterprises, LLC Page 1 of 5 SPECIAL USE PERMIT FOR FUEL REDUCTION The CITY OF KENAI (City) grants to Axtel Enterprises LLC, (Permittee), whose address is 72520 Griner Avenue #85, Anchor Point, AK 99556, a Special Use Permit to clear/ harvest dead or dying trees at Tract A Kenai Meadows, 2200 Redoubt Avenue, Kenai, Alaska 99611, Parcel No. 03901065, subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use Tract A Kenai Meadows, 2200 Redoubt Avenue as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 6 months commencing on November 7, 2019, and ending on May 7, 2020. Regardless of the date of signature, this Permit shall be effective as of November 7, 2019. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: $10.00. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611 In the event of delinquency, 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. City authorizes Permittee’s non-exclusive use of the Premises for the following purpose(s): Cutting and removal of dead or dying trees for fuel reduction. Slash and debris must be removed from site and may not be left scattered or in piles. No roads or other development may be created by Permittee. Premises must be left in clean and neat condition. Open fires on the property are prohibited. Permittee agrees to requested site inspections by City staff. This Permit, and any access rights allowed hereunder, are for Permittee’s use only and may not be transferred or assigned. 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 facilities and is further subject to the following conditions: Page 85 Special Use Permit—Axtel Enterprises, LLC Page 2 of 5 Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code 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 Permit is prohibited without the written consent of City. 5. Insurance. Permittee 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 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. A waiver may be provided if applicable. 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 Permittee uses on the Airport. The policy must name the City 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. 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. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. Page 86 Special Use Permit—Axtel Enterprises, LLC Page 3 of 5 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 prior to any activity by Permittee on the property. 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 demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 6. 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. 7. 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 collectively 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. 8. 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. Permittee 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. 9. 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 Permit. Permittee shall provide proof of compliance to City upon request by the City. Page 87 Special Use Permit—Axtel Enterprises, LLC Page 4 of 5 10. Compliance with Law/Grant Assurances. This Permit, and Permittee’s activities conducted under this Permit, 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. This Permit is subordinate to the City’s grant assurances and federal obligations if applicable. 11. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. 12. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 13. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 14. 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. Personalty. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 16. Termination; Default. This Permit may be terminated by either party hereto by giving thirty (30) days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than thirty (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 Page 88 Special Use Permit—Axtel Enterprises, LLC Page 5 of 5 CITY OF KENAI Axtel Enterprises, LLC By: By: Paul Ostrander Date Walter Blauvelt Date City Manager Owner ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of _____________, 2019, 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: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of ______________, 2019, the foregoing instrument was acknowledged before me by __________, ___________, Axtel Enterprises, LLC, on behalf of Axtel Enterprises. Notary Public for Alaska My Commission Expires: Approved as to form: ___________________ Scott Bloom City Attorney Page 89 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: October 31, 2019 SUBJECT: Liaison Nominations Pursuant to KMC 1.90.010, “….At the organizational meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with Council, shall nominate Council Members as a council liaison to any board, commission or committee.” The following individuals are being nominated pursuant to KMC 1.90.010. Your consideration is appreciated. Council on Aging Council Member Jim Glendening Airport Commission Council Member Tim Navarre Harbor Commission Council Member Robert Peterkin Parks and Recreation Commission Council Member Bob Molloy Planning and Zoning Commission Council Member Henry Knackstedt Beautification Committee Council Member Glenese Pettey Mini-Grant Steering Committee Mayor Brian Gabriel Page 90 Page 91 Page 92 Page 93 From:Marta P. Taylor To:Jamie Heinz; Jacquelyn LaPlante Subject:RE: Kenai Mini Grant Date:Monday, October 21, 2019 5:48:39 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hi Jamie & Jacquelyn – Marta Taylor with Project Homeless Connect again – I just learned today that we HAVE received the Kenai grant in the past (2017??), but I put on the application that we have NOT. I wanted to clarify. Please let me know if you need additional information and thank you again for your consideration! Sent from Mail for Windows 10 From: Marta P. Taylor Sent: Sunday, October 20, 2019 2:03 PM To: jheinz@kenai.city; jlaplante@kenai.city Cc: kgensel@cpgh.org Subject: Kenai Mini Grant Hi Jamie and Jacquelyn, I am attaching a mini grant application and a copy of Bridges IRS Letter of Determination. We are requesting $500 to go towards the 2020 Project Homeless Connect event, to occur on January 29th. Thank you for your consideration and please do not hesitate to contact me with any questions. THANKS! Marta Taylor Page 94 Mini-Grant Overview / Procedures City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: 283-8231 Fax: 283-5068 Email:cityclerk@kenai.city Purpose: Together We Can! Provides funding in the form of mini-grants for residents, school programs and organizations to use for projects that will have an immediate, positive, and long-lasting effect for their neighborhoods and the City of Kenai. Mini-grants are intended to provide start-up funding for small innovative projects within the City of Kenai. Our goal is for families, neighbors and all members of Kenai to work together to build healthier neighborhoods, help kids succeed in school and improve the quality of life for all residents. Who may apply: Youth, neighborhood groups, organizations, and individuals who have a desire to improve the quality of life in their community. How to apply: Complete a Together We Can! Mini-Grant application and submit to the City Clerk at City Hall. Types of Projects: Only new or expanded projects will be considered. Selection: Grant recipients will be chosen by the Steering Committee, appointed by the Kenai City Council. The Steering Committee will include the Mayor, Kenai Economic Development member, one representative each from Kenai Central High School and the Kenai Chamber of Commerce. Funding: The City of Kenai may provide funds in its annual Legislative Budget for distribution. The maximum grant amount the Committee may award is $500. Grants larger than $500 must be approved by the Kenai City Council. Awards for funding are granted to prior- approved projects only. Project Completion: Upon completion of the project, a report must be filed with the Together We Can! Steering Committee and the report will be submitted to the Kenai City Council explaining how the funds were spent and the outcome of the project. City of Kenai Mini-Grant Application Revised 4/30/2015 Page 95 Procedures: Applications are submitted to the City of Kenai Together We Can! Steering Committee for review through the Kenai City Clerk. (Students' applications must be signed/approved by a teacher.) Upon approval of application and execution of Letter of Agreement, 90% of the grant funds will be issued through the Kenai Finance Department. A report will be given to the City Council of awarded projects. A written report must be submitted to the Steering Committee within thirty (30) days of completion of the project. Council will present a proclamation upon receipt of the completed project and financial reports. Awards: Projects most likely to receive funding are those that will benefit the community/neighborhoods the most. This includes projects that create the most visible and lasting change. City of Kenai Mini-Grant Application Revised 4/30/2015 Page 96 MEMORANDUM TO: Mayor Gabriel and City Council THROUGH: Paul Ostrander, City Manager FROM: Dan Castimore, IT Manager DATE: October 29, 2019 SUBJECT: Personal Use Fishery Capital Projects In 2013 the City received a grant from the State of Alaska to construct a new access road on South Beach. This grant was in the amount of $1.9 million. In order to complete this project, the City acquired a large parcel of land which also consisted of several structures. Upon completion of the road, the remaining land and structures were sold, with the resulting revenue returning into the grant account. As of today, a total of $786,209.94 remains in this account. During the 2019 legislative session, a change to the grant language was received that allowed for this grant money to be spent on projects that benefit both the north and south beaches rather than only the south beach as originally intended. As a result, the City Manager directed me to put out a call to all departments seeking proposals for projects. These projects were received and scored based on a matrix. Enclosed is the result of this process. Several projects were clearly scored higher than others, and as a result, additional time was spent to develop the project proposals. A basic narrative for each project is included below, ranked in order of the scoring matrix. Vault Restrooms This project would install four new vault-type restrooms, each with two additional toilets. Currently, one of the larger operating expenses each year is in contracted services. By installing three additional vault restrooms on North Beach the city should save $6,381 per year. These restrooms would also be available for the remainder of the year for use by residents. Installing a vault restroom on south beach would save the city $325 per year, and for the first time provide for permanent restrooms for users of this recreational area. In 2010 three vault restrooms were installed for a total cost of $96,000. We have engineered drawings available and construction could likely be completed for the 2020 season. The estimated cost of this project is $180,000 Page 97 Page 2 of 4 Subject: Personal Use Fishery Capital Projects Spruce Campground Prior to the opening of Walmart in 2010, the city previously maintained two different campgrounds. Kenai Municipal Park was operated as a campground as recently as the 1980s, closing due to complaints from the residents of the adjacent Redoubt Terrace Subdivision. In the late 1990s, a campground was constructed in the area that is now Walmart. With the closure of this campground, Kenai became the only municipality on the Peninsula without a public campground. A two-acre parcel was identified on South Spruce St that is currently owned by the city. Directly to the south of this parcel is an additional two-acre parcel that is in private ownership. This project would construct a campground with 20 accessible spots, a restroom with showers, a small play area, and a pavilion. In the event that the southern parcel was acquired, an additional 10 spaces could be added along with a scenic viewing platform. Each of the spaces would be spaced approximately 50 feet apart, providing the privacy and nature experience similar to that of a state park. Each site would include electrical hookups with water and sewer if the budget allows. The estimated cost for the first phase of this project would be $400,000. Little League Permanent Restrooms In 2019 the city paid $4,254 to have portable restrooms installed at the little league fields for the personal use fishery. In addition, each year little league spends an additional $5,200 each year to provide restrooms for the spring season. As the current concession stand has water, sewer, and electric, the cost of extending utilities should be minimal. The estimated cost for this project is $125,000. Kenai Avenue Water and Sewer This project would extend a water and sewer line to the end of Kenai Avenue with the plan of eventually providing running water restrooms. This project would be dependent on having electricity at the end of Kenai Ave. The estimated cost of this project is $1,000,000. North Beach Parking Lot Asphalt Each year the parking lot on North Beach requires maintenance for eliminating potholes, dust control, and temporary striping. Paving the parking lot would reduce the maintenance costs, and allow for better traffic control using permanent striping. The estimated cost of this project is $350,000 Kenai Avenue Paving Kenai Avenue is a narrow gravel road that is used by many participants to access the fishery. Currently, the road is narrow, and because it is gravel it is not striped. Due to high usage and weather, the road can develop potholes. Because of the high usage, road maintenance during July can be difficult. Paving this road would reduce these issues. The estimated cost of this project is $250,000. Page 98 Page 3 of 4 Subject: Personal Use Fishery Capital Projects Anchor Campground Similar to the Spruce Campground, another parcel was identified that would be useful as a campground. This is a 5-acre parcel that was previously the Anchor Trailer Park. As this parcel was previously a mobile home park, existing utilities may exist. This site would be laid out similar to the Spruce Campground and feature the same amenities. Because this site has been completely cleared and converted to a gravel lot, development costs would likely be lower than the Spruce Campground. Because this land is privately held, the cost of land acquisition could be quite high. In addition, the lack of any existing vegetation would also limit the appeal of such a campground. The estimated cost of this project is $350,000 not including the land acquisition costs. The current Borough assessment of this land is $328,100. South Beach Shack Replacement The current fee shack on South Beach was not constructed for the current purpose. When constructed, the fee shacks were only staffed for a portion of the day and used paper receipt books rather than computers. Generators were used when light was needed. Currently, electricity is provided by HEA, computers and other sensitive equipment are used, and the shacks are staffed 24 hours per day. This project would construct a new shack with large windows for increased visibility, an HVAC system for temperature control, and better lighting. In addition, traffic gates would be added to better control traffic similar to what is being used on North Beach. The estimated cost of this project is $35,000. Kenai Avenue Electric This project would extend HEA power to the end of Kenai Avenue. Having electricity would allow for better facilities and more vendor opportunities. The estimated cost of this project is $100,000. South Beach Fence Completion Currently, the City maintains approximately 2,500 feet of fencing along the dunes on South Beach. A private landowner maintains another 1,800 feet of fencing protecting the remainder of the dunes and part of the flats to the north of Royal Ct. There is a remaining section of approximately 800 feet that would connect this fence to the chain link fence on the Hilcorp pad. The estimated cost of this project is $40,000. South Beach Parking Area Prior to the 2017 season, access to South Beach was via Dunes Rd. Adjacent to Dunes Rd. is a small parking lot that was used by fishery participants that didn't have four-wheel-drive vehicles. These participants would park in this lot and drive an ATV down to the fishery. Since the access has moved to Royal Ct, there is a lack of parking for participants without four-wheel-drive vehicles. This project would create a parking lot to the north of the Hilcorp pad. The estimated cost of this project is $100,000. Page 99 Page 4 of 4 Subject: Personal Use Fishery Capital Projects Recommendation Based on our scoring rubric, the following projects provide the greatest value to the City. 1. Vault Restrooms 2. Spruce Campground 3. Little League Permanent Restrooms 4. South Beach Shack Replacement Administration is recommending the available grant dollars be utilized to pursue these projects, and that Council refers these projects to the Parks and Recreation Commission and the Harbor Commission for their consideration. Administration will bring a resolution to Council at your December 4th meeting that includes the recommendation of both commissions. Thank you for your consideration. Page 100 Personal Use Fishery Capital Project Scoring Matrix Results Project Cost Score Vault Restrooms $ 180,000 167 Spruce Campground $ 400,000 140 Little League Permanent Restroom $ 125,000 124 Kenai Ave Water/Sewer $ 1,000,000 122 North Beach Parking Lot Asphalt $ 350,000 120 Kenai Ave Asphalt $ 250,000 115 Anchor Campground $ 350,000 113 South Beach Shack Replacement $ 35,000 110 Kenai Ave Electric $ 100,000 97 South Beach Fence Completion $ 40,000 77 South Beach Parking Area $ 100,000 51 These scores are the total amount of the three individuals who scored the projects. Page 101 Personal Use Fishery Capital Improvement Request – Scoring Rubric Describe how this project would improve safety to residents or participants: (up to 15 points) • 15 points - project would significantly improve safety for members of the public. • 15 points – project would directly improve safety for personal use fishery employees. • 10 points – project would moderately improve safety for members of the public. • 5 points – project may improve safety for members of the public. • 0 points – project would not impact public safety. Describe how this project would reduce operating expenses: (up to 15 points) • 15 points – project would result in a reduction of operating expenses year-round. • 10 points – project would result in a reduction of operating expenses during the fishery. • 5 points – project may result in a reduction of operating expenses. • 0 points – project wouldn’t reduce, or would increase, operating expenses. Describe how this project would increase revenue: (up to 15 points) • 15 points – project would result in an increase of revenue year-round. • 10 points – project would result in an increase of revenue during the fishery. • 5 points – project may result in an increase of revenue. • 0 points – project wouldn’t increase, or may decrease, revenue. Describe how this project would improve the quality of life (QoL) for residents: (up to 40 points) • 40 points – project would result in an increase QoL for most residents year-round. • 30 points – project would result in an increase QoL for some residents year-round. • 20 points – project would result in an increase QoL for most residents for part of the year. • 10 points – project would result in an increase QoL for some residents for part of the year. • 0 points – project wouldn’t increase, or may decrease, QoL for residents. Provide an estimated timeline for completion of this project: (up to 15 points) • 15 points – project can be completed with minimal effort in 3 months or less. • 12 points – Project can be completed with some effort before June 30, 2019. • 8 points – Project can be completed with significant effort before June 30, 2019. • 4 points – Project is unlikely to be completed before June 30, 2019. • 0 points – Project will take more than 1 year to complete. Page 102 Personal Use Fishery Capital Improvement Request Project Name: _____________________________________________________________________ Project Location: _____________________________ Estimated Cost: ________________________ Project Description: Score Describe how this project would improve safety to residents or participants: (up to 15 points) Describe how this project would reduce operating expenses of the fishery: (up to 15 points) Describe how this project would increase revenue during the fishery: (up to 15 points) Describe how this project would improve the quality of life for residents: (up to 40 points) Provide an estimated timeline for completion of this project: (up to 15 points) Total Score: Form prepared by: ____________________________ Department: _____________________________ Vault Restrooms Misc $180,000 Install Vault restrooms to replace portable toilets in locations that are accessable by road. Install 4 stalls at the intersection of Meeks Trail and Kenai Ave, 2 additional stalls at the end of Spruce St, and 2 additional stalls in the parking lot on South Beach. In 2010 three of these units were installed for a price of $32,000 each. This would eliminate the need for portable toilets at all locations except the dock and south beach camping area. This would provide additional restrooms for residents year round. July 2020. Existing engineered drawings and contract documents from 2010 exist. Dan Castimore Finance Reset Form 0 Page 103 poration © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS North Beach Parking Lot Vault RestroomsPage 104 poration © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS Meeks Trail Vault RestroomsPage 105 South Beach Vault RestroomPage 106 Page 107 Personal Use Fishery Capital Improvement Request Project Name: _____________________________________________________________________ Project Location: _____________________________ Estimated Cost: ________________________ Project Description: Score Describe how this project would improve safety to residents or participants: (up to 15 points) Describe how this project would reduce operating expenses of the fishery: (up to 15 points) Describe how this project would increase revenue during the fishery: (up to 15 points) Describe how this project would improve the quality of life for residents: (up to 40 points) Provide an estimated timeline for completion of this project: (up to 15 points) Total Score: Form prepared by: ____________________________ Department: _____________________________ Spruce Campground 330 South Spruce St $400,000 Create a campground on City land at 330 South Spruce Street. This 2 acre parcel is mostly flat terrain, with all utilities adjacent. A right of way separates this property and the care center, and is already partially improved. This site would accommodate full length RV spaces along with a small restroom, pavilion, play area, and several tent sites or a group camp site. An additional parcel to the south is privately held. If the City acquired this parcel, an additional 10 spaces could be added, along with a trail for better access to the fishery. By providing power at each site users would not run generators, which are a fire hazard and source of carbon monoxide. Full hookups at each site would provide clean water and sewer to improve overall sanitation. A running water restroom with showers would also improve sanitation and provide a source of potable water. This would likely increase the operating expenses as the electrical service would have reoccuring costs. This could be offset by higher fees for these sites. Higher fees could be charged for these sites. This would provide a municipal campground for visitors year round. The pavilion would be available to residents year round. This project would likely 12+ months to complete. Dan Castimore Finance Reset Form 0 Page 108 poration © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS Spruce CampgroundPage 109 Personal Use Fishery Capital Improvement Request Project Name: _____________________________________________________________________ Project Location: _____________________________ Estimated Cost: ________________________ Project Description: Score Describe how this project would improve safety to residents or participants: (up to 15 points) Describe how this project would reduce operating expenses of the fishery: (up to 15 points) Describe how this project would increase revenue during the fishery: (up to 15 points) Describe how this project would improve the quality of life for residents: (up to 40 points) Provide an estimated timeline for completion of this project: (up to 15 points) Total Score: Form prepared by: ____________________________ Department: _____________________________ Little League Permanent Restrooms Kenai Little League Fields $100,000 Construction of a 24'x26' CMU permanent restroom attached to the existing concession building. Restroom would have water and sewer and be used seasonally May through September. Permanent restrooms constructed in the suggested location would improve safety by reducing the hazard created by children walking across a busy parking lot to access portable toilets. By providing running water sinks, sanitation for restroom users would improve. Would reduce operating expense of the fishery by approximately $4,300 by eliminating the rental and servicing of contracted portable toilets. Permanent restrooms would reduce, and in most cases, eliminate the need for several community organizations to rent portable toilets throughout the baseball/softball season, thus, allowing these groups to better utilize their funds for other purposes. Organizations include KCHS, American Legion Post 20 Baseball and Kenai Little League. June 30, 2019 Robert J. Frates Parks & Recreation Reset Form 0 Page 110 Little League Permanent RestroomsPage 111 Personal Use Fishery Capital Improvement Request Project Name: _____________________________________________________________________ Project Location: _____________________________ Estimated Cost: ________________________ Project Description: Score Describe how this project would improve safety to residents or participants: (up to 15 points) Describe how this project would reduce operating expenses of the fishery: (up to 15 points) Describe how this project would increase revenue during the fishery: (up to 15 points) Describe how this project would improve the quality of life for residents: (up to 40 points) Provide an estimated timeline for completion of this project: (up to 15 points) Total Score: Form prepared by: ____________________________ Department: _____________________________ Kenai Ave Water & Sewer Extension Kenai Ave $1,000,000 Install additional lift station at the end of Kenai Ave. Install 2,800 feet of water main from WWTP to end of Kenai Ave. This will enable running water restrooms which will improve sanitation and provide potable water to participants. Fire hydrants would be installed along Kenai Ave to improve fire safety. This would enable the installation of running water restrooms throughout the fishery area, eliminating the need for any portable restrooms. Permanent restrooms would be available to residents year round. Project would likely take more than 12 months to complete. Dan Castimore Finance Reset Form 0 Page 112 Personal Use Fishery Capital Improvement Request Project Name: _____________________________________________________________________ Project Location: _____________________________ Estimated Cost: ________________________ Project Description: Score Describe how this project would improve safety to residents or participants: (up to 15 points) Describe how this project would reduce operating expenses of the fishery: (up to 15 points) Describe how this project would increase revenue during the fishery: (up to 15 points) Describe how this project would improve the quality of life for residents: (up to 40 points) Provide an estimated timeline for completion of this project: (up to 15 points) Total Score: Form prepared by: ____________________________ Department: _____________________________ North Beach Parking Lot Asphalt North Beach $350,000 This project would provide an asphalt parking lot on North Beach. Area to be paved is approximately 120,000 sq ft. An asphalt parking lot could be striped, clearly delineating traffic patterns. Eliminating potholes during rainy times would reduce vehicle wear. Less time would be required to maintain the parking lot during rainy periods. Dust control would no longer be required. Parking would be easier to control as parking spaces would be clearly defined. Currently vehicles will take up more room than allowed due to poor markings. An asphalt surface would reduce vehicle wear, reduce dust, and provide for better parking control. July 2021 Dan Castimore Finance Reset Form 0 Page 113 Personal Use Fishery Capital Improvement Request Project Name: _____________________________________________________________________ Project Location: _____________________________ Estimated Cost: ________________________ Project Description: Score Describe how this project would improve safety to residents or participants: (up to 15 points) Describe how this project would reduce operating expenses of the fishery: (up to 15 points) Describe how this project would increase revenue during the fishery: (up to 15 points) Describe how this project would improve the quality of life for residents: (up to 40 points) Provide an estimated timeline for completion of this project: (up to 15 points) Total Score: Form prepared by: ____________________________ Department: _____________________________ Kenai Ave Asphalt Kenai Ave $250,000 This project would provide an asphalt driving surface on Kenai Ave. Approximately 1800 feet of road surface, averaging 18' in width, would be paved. An asphalt road could be striped, clearly delineating the lanes. Eliminating potholes during rainy times would reduce vehicle wear. Less time would be required to maintain the gravel road during rainy periods. Dust control would no longer be required. An asphalt surface would reduce vehicle wear, reduce dust, and provide for increased safety due to clear lane delineation. July 2021 Dan Castimore Finance Reset Form 0 Page 114 Personal Use Fishery Capital Improvement Request Project Name: _____________________________________________________________________ Project Location: _____________________________ Estimated Cost: ________________________ Project Description: Score Describe how this project would improve safety to residents or participants: (up to 15 points) Describe how this project would reduce operating expenses of the fishery: (up to 15 points) Describe how this project would increase revenue during the fishery: (up to 15 points) Describe how this project would improve the quality of life for residents: (up to 40 points) Provide an estimated timeline for completion of this project: (up to 15 points) Total Score: Form prepared by: ____________________________ Department: _____________________________ Anchor Campground 11823 Kenai Spur Highway $350,000 + Land Acquire the previous Anchor Trailer Park land. This 5 acre parcel is already developed, with water and sewer, electricity and natural gas already on the property. This site would accommodate full length RV spaces, along with a small bathroom, pavilion, and play area. Approximately 40 RV spaces would be possible. By providing power at each site, this would prevent people from operating generators around the clock. Generators are a fire hazard and a source of carbon monoxide. By providing full hookups at each site, sanitation would be greatly improved. This would likely increase the operating expenses as the electrical service would have reoccuring costs. This could be offset by higher fees for these sites. Higher fees could be charged for these sites. This would provide a municipal campground for visitors year round. The pavilion would be available to residents year round. The proximity to the ball fields would provide additional opportunities for tournaments. After land acquisition, project should take less than 6 months due to the current state of the property. Dan Castimore Finance Reset Form 0 Page 115 Anchor CampgroundPage 116 Personal Use Fishery Capital Improvement Request Project Name: _____________________________________________________________________ Project Location: _____________________________ Estimated Cost: ________________________ Project Description: Score Describe how this project would improve safety to residents or participants: (up to 15 points) Describe how this project would reduce operating expenses of the fishery: (up to 15 points) Describe how this project would increase revenue during the fishery: (up to 15 points) Describe how this project would improve the quality of life for residents: (up to 40 points) Provide an estimated timeline for completion of this project: (up to 15 points) Total Score: Form prepared by: ____________________________ Department: _____________________________ South Beach Shack Replacement South Beach $35,000 Replace one existing shack on South beach and install gates on the incoming and outgoing lanes. The second shack would no longer be deployed to South beach which would increase the size of the parking area for contractors. The new shack would be larger and would have heating and air conditioning. Current shack has very limited visibility and a wooden door. Providing a gate on the exit lane would prevent vehicle collisions when people bypass the fee shack. By reducing the number of shacks on South Beach, setup will take less time. Installing gates on both incoming and outgoing lanes would prevent people from bypassing the fee shacks. This project could be completed by July 1. Dan Castimore Finance Reset Form 0 Page 117 Personal Use Fishery Capital Improvement Request Project Name: _____________________________________________________________________ Project Location: _____________________________ Estimated Cost: ________________________ Project Description: Score Describe how this project would improve safety to residents or participants: (up to 15 points) Describe how this project would reduce operating expenses of the fishery: (up to 15 points) Describe how this project would increase revenue during the fishery: (up to 15 points) Describe how this project would improve the quality of life for residents: (up to 40 points) Provide an estimated timeline for completion of this project: (up to 15 points) Total Score: Form prepared by: ____________________________ Department: _____________________________ Kenai Avenue Electric Kenai Avenue $50,000 - 100,000 Extend HEA power underground to the end of Kenai Avenue. Provide power meters at each of the two southern crossings over the dunes. Install light pole with camera equipment at each location. Providing lighting and cameras would improve safety to participants year round. This would likely increase the operating expenses as the electrical service would have reoccuring costs. This project would enable many future options such as operating a restroom trailer, providing lighting, providing power for events. This project could be completed by July 1. Dan Castimore Finance Reset Form 0 Page 118 Personal Use Fishery Capital Improvement Request Project Name: _____________________________________________________________________ Project Location: _____________________________ Estimated Cost: ________________________ Project Description: Score Describe how this project would improve safety to residents or participants: (up to 15 points) Describe how this project would reduce operating expenses of the fishery: (up to 15 points) Describe how this project would increase revenue during the fishery: (up to 15 points) Describe how this project would improve the quality of life for residents: (up to 40 points) Provide an estimated timeline for completion of this project: (up to 15 points) Total Score: Form prepared by: ____________________________ Department: _____________________________ South Beach Fence Completion South Beach $40,000 Install fencing from the South East edge of the existing fence, to the Hilcorp pad on Royal Ct. This 800' fence would include a permanent gate adjacent to the gravel lot north of the Hilcorp pad. This area is currently unfenced. Vehicle traffic has damaged vegitation along this area. Currently, 10 jersey barriers are used to block the gravel lot to the north of the Hilcorp pad. Each year, jersey barriers must be moved in this area. Permanent fencing would reduce the amount of setup time needed each year. In addition, the jersey barriers could be re purposed to another location. This would prevent vandalism to the flats by preventing ATV access. The permanent fence is more visually appealing than 10 large concrete barriers. Project could be completed before July 1st. Dan Castimore Finance Reset Form 0 Page 119 South Beach Fence CompletionPage 120 Personal Use Fishery Capital Improvement Request Project Name: _____________________________________________________________________ Project Location: _____________________________ Estimated Cost: ________________________ Project Description: Score Describe how this project would improve safety to residents or participants: (up to 15 points) Describe how this project would reduce operating expenses of the fishery: (up to 15 points) Describe how this project would increase revenue during the fishery: (up to 15 points) Describe how this project would improve the quality of life for residents: (up to 40 points) Provide an estimated timeline for completion of this project: (up to 15 points) Total Score: Form prepared by: ____________________________ Department: _____________________________ South Beach Parking Area South Beach $100,000 This project would provide a gravel parking lot on Royal Ct. to the north of the Hilcorp pad. This would require the existing pad to be brought up to a level grade. Each year individuals request an area to park on South Beach. When Dunes Rd was used for access a parking lot was provided for users without 4 wheel drive vehicles. Users would park and unload ATVs for access down to the fishery. This project would likely have minimal impact for users outside of the fishery, as adequate parking is available in the current fee collection area. July 2020 Dan Castimore Finance Reset Form 0 Page 121 South Beach Parking AreaPage 122 Council on Aging Annual Meeting October 10, 2019 Page 1 of 3 KENAI COUNCIL ON AGING MEETING OCTOBER 10, 2019 – 4:30 P.M. KENAI SENIOR CENTER 361 SENIOR CT., KENAI, AK 99611 http://www.kenai.city MEETING SUMMARY 1. CALL TO ORDER The meeting was called to order by Chair Roy Williams at 4:30 p.m. a. Pledge of Allegiance Chair Williams led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Members Present: Williams, Geller, Weeks, Nelson, Thornton, Bise, Members Absent: Milewski, Modigh and Erwin A quorum was present. Staff/Council Liaison Present: Senior Director Romain, Council Member Glendening Also Present: Sue Olson, Guest e. Agenda Approval MOTION: Member Weeks MOVED for approval of the agenda and Member Geller SECONDED the motion. There were no objections. SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT -- None. 4. APPROVAL OF MEETING SUMMARY a. September 12, 2019 Member Thornton MOVED to approve the September 12, 2019 meeting summary and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. 5. UNFINISHED BUSINESS a. Discussion/Recommendation – Code of Conduct for the Senior Center Senior Director Romain reviewed the draft Code of Conduct included in the packet and Page 123 Council on Aging Annual Meeting October 10, 2019 Page 2 of 3 explained it was a working document. Discussion followed with comments including: • Policies from other senior centers. • Felt the draft policy took care of the needs previously discussed. • General positive comments. • Liked the bold topic headings (suggesting they could be in red for better emphasis) and liked the signature page. Chair Williams suggested a sub-committee be assigned to work through the draft in more detail, hire outside consultation, or set a work session for the Council on Aging to review in more detail. MOTION: Member Geller MOVED to set a work session to review the code of conduct in more detail. Member Thornton SECONDED the motion. There were no objections. SO ORDERED. A work session was scheduled for October 29 at 4:30 p.m. 6. NEW BUSINESS – None. 7. REPORTS a. Senior Center Director – Romain reported the following: • A resolution will be before Council at its next meeting to use remaining funds from the flooring capital project to redesign the computer lab doorway and provide cabinets for the game room; • The Food Bank received Federal Commodities (Seafood) and through it, the Center will be able to receive salmon and halibut from for meals for the next several months; • A new janitor will be hired for the Senior Center; • She welcomed guest Sue Olson; and • Congratulated Council Member Glendening on his re-election. b. Council on Aging Chair – Williams noted he was thankful for the Center’s staff, welcoming new people and appreciated the work of the Council on Aging. c. City Council Liaison – Council Member Glendening reported the following: • He reviewed the action agenda of the October 2 council meeting. • Discussed the LNG plant situation. • Provided a brief update of the bluff erosion project. 8. NEXT MEETING ATTENDANCE NOTIFICATION – November 14, 2019 There were no announcements of absences for the November 14, 2019 meeting. 9. COUNCIL MEMBERS COMMENTS AND QUESTIONS MOTION: Member Thornton MOVED to request Council Member Glendening be reappointed as the Council on Aging’s liaison and Member Nelson SECONDED the motion. There were no Page 124 Council on Aging Annual Meeting October 10, 2019 Page 3 of 3 objections. SO ORDERED. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS – None. 12. ADJOURNMENT MOTION: Member Geller MOVED for adjournment and Member Weeks SECONDED the motion. There were no objections. SO ORDERED. There being no further business, the Council on Aging meeting adjourned at 5:40 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC City Clerk Page 125 KENAI AIRPORT COMMISSION REGULAR MEETING OCTOBER 10, 2019 – 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. Zirul, J. Bielefeld, K. Dodge, P. Minelga D. Pitts Staff/Council Liaison Present: Airport Manager M. Bondurant, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Dodge MOVED to approve the agenda and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENT – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. August 8, 2019 MOTION: Commissioner Zirul MOVED to approve the meeting summary of August 8, 2019 and Commissioner Bielefeld SECONDED the motion. There were no objections; SO ORDERED. b. September 12, 2019 Commissioner Minelga MOVED to approve the meeting summary of September 12, 2019 and Page 126 ____________________________________________________________________________________ Airport Commission Meeting Page 2 of 3 October 10, 2019 Commissioner Dodge SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion/Recommendation – Memorandum of Agreement with U.S. Fish and Wildlife Service (USFWS) and Alaska State Parks MOTION: Commissioner Dodge MOVED to recommend Council approve the Memorandum of Agreement with USFWS and Alaska State Parks; Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. b. Discussion/Recommendation – EAN Holdings, LLC Request for On-Airport Car Rental Business MOTION: Commissioner Dodge MOVED to recommend Council approve the on-airport car rental concession with EAN Holdings, LLC and Commissioner Minelga SECONDED the motion. There were no objections; SO ORDERED. 7. REPORTS a. Airport Manager - Bondurant reported on the current hiring process, the tri-annual mass casualty drill, an upcoming pre-season meeting for winter operations, an update of the Kenai Municipal Airport project, and a fire-training grant. She also noted she attended the Northwest Chapter American Association of Airport Executives (NWAAAE) Conference in Fairbanks on September 23 – 25. b. City Council Liaison – Knackstedt reported on the September and October City Council meetings actions. 8. NEXT MEETING ATTENDANCE NOTIFICATION – November 14, 2019 Commissioner Zirul noted he would be out of town and unable to attend the meeting. 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Bielefeld noted a public observation area at the south end of the airport was needed. 10. ADDITIONAL PUBLIC COMMENT 11. INFORMATION ITEMS a. August 2019 Mid-month Report b. September 2019 Mid-month Report Page 127 ____________________________________________________________________________________ Airport Commission Meeting Page 3 of 3 October 10, 2019 c. September 2019 Float Plane Basin Activity 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 6:55 p.m. Meeting summary prepared and submitted by: ___________________________________ Jacquelyn LaPlante Deputy Clerk Page 128 KENAI PARKS & RECREATION COMMISSION OCTOBER 3, 2019 – 6:00 PM KENAI CITY COUNCIL CHAMBERS VICE-CHAIR GRANT WISNIEWSKI, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Vice-Chair Wisniewski called the meeting to order at 6:05 p.m. a. Pledge of Allegiance Vice-Chair Wisniewski led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners present: T. Wisniewski, J. Dennis, S. Kisena, T. Winger Commissioners absent: C. Stephens, J. Joanis Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner W inger MOVED to approve the agenda as presented and Commissioner Kisena SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. September 5, 2019 MOTION: Commissioner Kisena MOVED to approve the meeting summary of September 5, 2019 and Commissioner Dennis SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion – Kenai Multi-Purpose Facility Improvements The Parks and Recreation Director noted the blue tarps on the Multi-Purpose Facility needed Page 129 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 2 of 2 October 03, 2019 replacement. He added staff was looking at different banners to hang in the facility to help improve the ambience as well, referring to some examples provided in the packet. The Director noted each banner would be 6 ft. x 10 ft. and placed over the players’ bench. It was explained that the blue tarps were originally put up in advance at Kenai Central High School hockey games to help keep in the heat, while they also assisted in the summer in keeping the sun out. He noted that staff was looking at replacing the tarps with five retardant, vinyl tarps, with red being the preferred color. 7. REPORTS a. Parks and Recreation Director – The Parks and Recreation Director reported on the following: • Crews put in a pedestrian trail behind the Little League fields. This was a project that the Kenai Latter-Day Saints Church volunteers provided about 20 hours of labor to do; • The Department winterized restroom facilities and irrigation areas, as well as cleaning out flowerbeds; • As part of a restoration project, 15-20 small spruce trees were transplanted at the Lawton Dr. trail extension near the gate on the Kenai side. In addition, some Department of Transportation Right-of-Way grass seed will be used in that area; • The Fourth Annual Fall Pumpkin Festival was scheduled for October 12; • The Kenai River Marathon was this past weekend with over 200 registered runners; and • Staff removed and donated 148 pounds of kale to the Food Bank. b. Commission Chair – No report. c. City Council Liaison – Knackstedt reported on the action items and topics of interest from the September 18 City Council meeting. 8. NEXT MEETING ATTENDANCE NOTIFICATION – November 7, 2019 9. COMMISSION QUESTIONS & COMMENTS Commissioner Joanis reported on a meeting held with various stakeholders with interest in promoting baseball in the community. She added that it was especially fascinating how the various organizations could work together creating opportunities and helping each other become successful. She noted that more dialogue was needed to promote softball and baseball on the Peninsula. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION – None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:00 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn LaPlante, Deputy Clerk Page 130 KENAI BEAUTIFICATION COMMITTEE REGULAR MEETING SEPTEMBER 10, 2019 – 6:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR LISA GABRIEL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Gabriel called the meeting to order at 6:10 p.m. a. Pledge of Allegiance Chair Gabriel led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Committee Members present: Chair L. Gabriel, K. Reed, T. Wilson, M. Rhyner Committee Members absent: B. Madrid Staff/Council Liaison present: Parks and Recreation Director B. Frates A quorum was present. c. Agenda Approval MOTION: Committee Member Rhyner MOVED to approve the agenda as presented; and Committee Member Wilson SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. May 14, 2019 MOTION: Committee Member Rhyner MOVED to approve the May 14, 2019 meeting summary and Committee Member Reed SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion – Beautification Tour Follow-Up Page 131 __________________________________________________________________________________ Beautification Committee Meeting Page 2 of 2 September 10, 2019 The Parks and Recreation Director thanked those that attended the tour and notified the committee that he would like to present a slideshow of the flower beds toured. He noted the following highlights and recommendations made: • Airport Triangle – Plant flowers that would stand out better under the jet (i.e. Geraniums and Yellow Marigolds). It was also suggested that a climbing plant be used for the legs of the jet. • Library – Plant a small number of flowers where the Iris’ were removed. • Fire Department – Eliminate the perimeter bed located at the corner of Willow Street and Main Street Loop. • Erik Hansen Scout Park – Removal of five Spruce trees was still pending. b. Discussion – Poppy Flower Bed at Leif Hansen Park A general discussion centered around providing red poppies at the Leif Hansen Memorial Park for Memorial Day services. The Director stated this year he could not locate any poppies that would be in bloom at the end of May but a local nursery could grow them and have ready by Memorial Day, for a cost of $3.99 per 4-inch pot. The Chair indicated support in this direction. It was also suggested that a small bed could be seeded with poppy seeds for color later in the season. 7. REPORTS a. Parks & Recreation Director – B. Frates reported on two events coming up, the Kenai River Marathon on September 29 and the Fourth Annual Fall Pumpkin Festival on October 12. He noted staff was working hard pulling this event together to include a Farmer’s Market and hay maze, in addition to a couple entities that may sponsor the pumpkins this year and some new activities. It was also reported that staff was busy removing beetle kills trees and preparing for the winter season. b. Committee Chair – L. Gabriel thanked everyone for their time at the meeting. c. City Council Liaison – None. 8. NEXT MEETING ATTENDANCE NOTIFICATION – October 8, 2019 9. COMMITTEE MEMBER QUESTIONS AND COMMENTS – None. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION 12. ADJOURNMENT There being no further business before the Committee, the meeting was adjourned at 7:00 p.m. Meeting summary prepared and submitted by: ___________________________________ Jacquelyn LaPlante, Deputy City Clerk Page 132 KENAI BEAUTIFICATION COMMITTEE REGULAR MEETING OCTOBER 8, 2019 – 6:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR LISA GABRIEL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Gabriel called the meeting to order at 6:03 p.m. a. Pledge of Allegiance Chair Gabriel led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Committee Members present: Chair L. Gabriel, M. Rhyner Committee Members absent: B. Madrid, T. Wilson, K. Reed Staff/Council Liaison present: Parks and Recreation Director B. Frates No quorum was present. c. Agenda Approval 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT 4. APPROVAL OF MEETING SUMMARY a. September 10, 2019 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion – Fall Pumpkin Festival b. Discussion – Utility Box Decorating 7. REPORTS a. Parks & Recreation Director b. Committee Chair c. City Council Liaison 8. NEXT MEETING ATTENDANCE NOTIFICATION – January 14, 2020 9. COMMITTEE MEMBER QUESTIONS AND COMMENTS Page 133 __________________________________________________________________________________ Beautification Committee Meeting Page 2 of 2 October 8, 2019 10. ADDITIONAL PUBLIC COMMENT 11. INFORMATION 12. ADJOURNMENT Meeting summary prepared and submitted by: ___________________________________ Jacquelyn LaPlante Deputy City Clerk Page 134 MINI-GRANT STEERING COMMITTEE OCTOBER 3, 2019 – 11:00 A.M. KENAI CITY HALL CLERK'S CONFERENCE ROOM PRESIDENT PRO TEMPORE JOHNA BEECH, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Committee Member Beech called the meeting to order at 11:07 p.m. Roll was confirmed as follows: Members present: B. Gabriel (phone), B. Randle, J. Beech, M. Bernard, K. Reed Members absent: Staff Present: City Manager P. Ostrander, Parks & Rec. Director B. Frates, Parks & Rec. Assistant C. Bannock A quorum was present. 2. AGENDA APPROVAL It was noted the Mini-Grant Application was regarding pumpkin painting, not face painting. MOTION: Member Bernard MOVED to move Item 6(a) to New Business Item 7(a) and approve the agenda with the revision to “pumpkin” painting; Member Reed SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. April 24, 2019 MOTION: Member Gabriel MOVED to approve the meeting summary from April 24, 2019 and Member Bernard SECONDED the motion. There were no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD – None. 5. PERSONS PRESENT NOT SCHEDULED TO BE HEARD – None. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Review of Mini-Grant Application for Award • Mountain View Elementary, Fall Festival Pumpkin Painting Page 135 ____________________________________________________________________________________ Mini-Grant Steering Committee Meeting Page 2 of 2 October 3, 2019 The Committee reviewed the application and it was clarified that the funds were for the costs associated with having a Pumpkin Painting Booth at the City of Kenai Fall Festival. The Parks and Recreation Director noted additional pumpkins were being donated and the applicant’s intent was to charge $2.00 for the purchase and painting of a pumpkin, and that this was a pilot fundraiser for the First and Fifth Grade field trips. It was further noted Mountain View Elementary would run the entire pumpkin event. Concern was expressed about the new charge for pumpkins while in the past the event and pumpkins were free to the public, noting this was the fourth year for this event and it had been successful. All Members agreed to table the decision so the Parks and Recreation Director could obtain more information and clarification. MOTION: Member Reed MOVED to table the discussion and decision until the Parks and Recreation Director had more information; Member Randle SECONDED the motion. There were no objections; SO ORDERED. 8. ANNOUNCEMENTS – None. 9. ADJOURNMENT There being no further business before the Committee, the meeting was adjourned at 11:46 a.m. [Clerk’s Note: The meeting was continued on Monday, October 7 at 11 a.m.] Roll was taken and all members were present. The Committee reviewed the additional information, clarifying the applicant supported the change in application to just requesting funds for paint supplies; the City would donate the pumpkins for the event again. Members expressed support of the painting project for a small fee to the public in support of the school while offering the pumpkins alone at no cost. MOTION: Member Bernard MOVED to award $200 Mini-Grant to Mountain View Elementary School for paint supplies and Member Randle SECONDED the motion. There were no objections; SO ORDERED. There being no further business before the Committee, the meeting was adjourned. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn LaPlante Deputy City Clerk Page 136 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: October 29, 2019 SUBJECT: Fiscal Year 2019 Year-end wrap-up. ____________________________________________________________________________ The purpose of this memo is to provide a quick synopsis of Fiscal Year 2019’s (FY19) financial performance for the operating funds of the City. Audit fieldwork was completed the week of October 7th and the City’s Comprehensive Annual Financial Report (CAFR) has been drafted and is being reviewed by the City’s auditors and will be presented to Council at the December 4th City Council meeting. General Fund The City’s General Fund, the chief operating fund of the City, had total revenues and transfers in of $15,320,758, 98.96% of the budgeted amount, and expenditures and transfers out of $15,141,398, 91.66% of the budgeted amount, resulting in an increase to fund balance of $179,360. The FY19 Budget projected a 5% lapse in expenditures or $777,180. Actual expenditure and transfer lapse for FY19 was $1,379,798, $602,618 more than budgeted. This larger than expected lapse combined with revenues at budgeted levels resulted in the FY19 increase in fund balance. The FY19 Budget was adopted with a $230,009 planned use of fund balance after expenditure lapse. Significant unbudgeted lapse items included appropriations for the grant funded purchase of police radios and the receipt of the Bush Doctor Cabin. The appropriations and their accompanying revenue will be carried forward to FY20. Significant revenue variance included investment earnings which exceeded projections by $278,064. Year-end market value adjustments to the City’s investment portfolio were $255,022 and were the result of Federal Reserve Cuts to the Federal Funds Rate during the fiscal year. Because the City largely purchases and holds its investments to maturity, the market value adjustment is essentially early recognition of investment earnings. Page 137 Page 2 of 2 FY2019 Year-end Overall the financial performance of the City’s General Fund was positive and better than projected. Airport Fund The Airport Special Revenue Fund accounts for the operation of the airport. Fund balance decreased $1,563,761 or 30.79%. Total revenues increased of $118,854 or 6.18%. Fund expenditures increased by $3,659 or 0.13% and transfers to capital projects increased by $1,674,982 or 421.74%. Current year transfers included funding for a major terminal rehabilitation project, $1,570,721, funding for an asphalt repair and preservation project, $26,000, and $216,000 for design of a project to renovate the airport owned, Alaska Regional Fire Training Center. Absent these one-time capital expenditures, fund revenues would have exceeded operation costs. Water & Sewer Fund The Water & Sewer Special Revenue Fund accounts for the operations of the water and sewer utility of the City. Fund balance increased $582,296. There was no change in water and sewer rates in FY19. Despite no change in rates, charges for service increased $25,203 or 0.89% this year. Significant capital improvement projects are anticipated in future year to ensure the utilities continued safe and efficient operation. The adopted FY2020 Budget included $1,060,000 in water and sewer related capital projects. Senior Citizen Fund The Senior Citizen Fund accounts for the operations of the City’s senior citizen facility. Major funding sources include state and borough grants, patron meal and ride donations, donations from Kenai Senior Connection, Inc., and Choice Waiver Medicaid billings. Fund revenues and transfers were $861,368, 93.30% of budgeted amounts with the largest variance, $64,556 resulting from lower than projected Choice Waiver Medicaid billings. Choice Waiver Medicaid billings totaled $135,444 but were budgeted at $200,000. Expenditures were budgeted at $954,160 after a projected lapse of $24,354, 3% of budgeted expenditures. Actual expenditure lapse was $59,417 or 6.07% of budgeted expenditures. The result is a fund deficit of $26,729 for which the Administration will be preparing an Ordinance to provide supplemental funding to the fund in FY20 to eliminate. Personal Use Fishery Fund The Personal Use Fishery Fund accounts for the City’s operation of the State of Alaska personal use fishery. FY19 saw significant declines in year over year revenues largely attributed to low fish returns which resulted in the early closure of the fishery. Actual revenues were $362,212, 66.90% of budgeted revenues. Expenditures and transfers were $457,312, 81.86% of budgeted expenditures. FY19 include the first ever $50,000 transfer to the City’s General Fund for non- operating costs. The result was a $95,100 use of fund balance and ending fund balance of $198,794. Continues use of fund balance at these amounts is not sustainable and adjustments may be needed if revenues do not recover in future years. This was intended to be a brief summary of the performance of the City’s various operating funds. More detail will be available once the City’s CAFR is issued. The City’s auditor will present the CAFR at the December 4th Council Meeting and if there are any specific topics you would like covered please let me know. Page 138 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: October 14, 2019 SUBJECT: Quarterly Financial Report Attached is a relatively easily produced quarterly financial report for the General Fund, Personal Use Fishery Fund, Airport Fund, Water/Sewer Fund, and Senior Fund as of September 30, 2019. This report is essentially on a cash basis, so there are accounts that may not look reasonable. In the General Fund for example, sales and property tax revenue only includes payments made to the City by the Borough through August. The third calendar quarter 2019 sales tax filings and tax payments are not in at this point and we will not be received for this quarter until the end of October or early November. State and Federal is below budget in all funds because of PERS aid. The State doesn’t actually give us any money. Instead they make an ‘on-behalf’ payment to the pension system. Similarly we have not booked expenditures for the PERS the State is covering, so the Non-Departmental department is way under budget. At year-end we will record revenue and expenditures for these items. Page 139 Quarterly General Fund Expenditure Report For Quarter Ended September 30, 2019 Original * FY2019 FY2020 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 1,222,687$ 1,237,185$ 280,937$ (956,248)$ 22.71% Taxes 11,049,181 11,327,867 11,327,867 2,604,386 (8,723,481) 22.99% Licenses/Permits and Ambulance 535,038 647,500 647,500 178,728 (468,772) 27.60% State/Federal 943,704 982,382 1,024,800 333,943 (690,857) 32.59% Dock/Multipurpose/Miscellaneous 144,574 138,500 138,500 23,120 (115,380) 16.69% Fines and Forfeitures 92,076 93,000 93,000 13,275 (79,725) 14.27% Interest and Miscellaneous 704,371 515,346 543,479 253,601 (289,878) 46.66% Transfers/Central Admin Fees 1,851,814 1,770,252 1,770,252 514,250 (1,256,002) 29.05% Total Revenues 15,320,758 16,697,533 16,782,582 4,202,240 (12,580,342) 25.04% EXPENDITURES & TRANSFERS General Government 01 City Clerk 298,831$ 301,564$ 301,564$ 59,948$ 241,616$ 80.12% 11 Legislative 162,769 162,868 162,868 45,035 117,833 72.35% 12 Legal 326,469 348,786 348,786 74,353 274,433 78.68% 13 City Manager 334,928 364,214 364,214 80,199 284,015 77.98% 14 Human Resources 113,691 173,045 173,045 38,684 134,361 77.65% 15 Finance 670,699 739,025 739,025 181,900 557,125 75.39% 16 Land Administration 12,878 21,354 21,354 1,143 20,211 94.65% 18 Non-Departmental 772,823 1,048,345 1,059,532 485,472 574,060 54.18% 19 Planning and Zoning 208,010 235,222 235,222 49,393 185,829 79.00% 20 Safety 4,800 19,150 19,150 - 19,150 100.00% Total General Government 2,905,898 3,413,573 3,424,760 1,016,127 2,408,633 70.33% Public Safety 21 Police 2,996,873 3,298,413 3,298,413 790,899 2,507,514 76.02% 22 Fire 3,038,836 3,234,703 3,262,836 705,056 2,557,780 78.39% 23 Communications 789,112 867,178 867,178 217,372 649,806 74.93% 29 Animal Control 403,015 441,804 441,804 123,687 318,117 72.00% Total Public Safety 7,227,836 7,842,098 7,870,231 1,837,014 6,033,217 76.66% Public Works 31 Public Works Administration 128,129 194,711 194,711 33,451 161,260 82.82% 32 Shop 609,296 644,715 644,715 106,867 537,848 83.42% 33 Streets 1,017,766 1,013,174 1,013,174 132,949 880,225 86.88% 34 Buildings 337,504 373,427 373,427 73,121 300,306 80.42% 35 Street Lighting 174,937 190,602 190,602 23,165 167,437 87.85% 60 Dock 35,018 66,066 66,066 8,250 57,816 87.51% Total Public Works 2,302,650 2,482,695 2,482,695 377,803 2,104,892 84.78% Parks and Recreation & Culture 03 Visitor Center 175,310 173,198 175,818 29,976 145,842 82.95% 40 Library 831,690 903,284 910,284 195,011 715,273 78.58% 45 Parks, Recreation & Beautification 1,075,716 1,101,480 1,136,898 275,563 861,335 75.76% Total Parks and Recreation & Culture 2,082,716 2,177,962 2,223,000 500,550 1,722,450 77.48% Total Operating Expenditures 14,519,100 15,916,328 16,000,686 3,731,494 12,269,192 76.68% Transfer to other funds Street Improvement Capital Project Fund 200,000 200,000 200,000 200,000 - 0.00% Senior Center Impr. Capital Projects 34,500 - - - - - Kenai Recreation Center Capital Project Fund 27,500 100,000 100,000 100,000 - 0.00% Trail Construction Capital Project Fund - 37,800 37,800 37,800 - 0.00% Public Safety Building Capital Proj. Fund 35,000 - - - - Library Improvement Capital Proj. Fund - 50,000 50,000 50,000 - Senior Citizen Special Revenue Fund 182,027 253,308 253,999 59,802 194,197 76.46% Debt Service 143,271 140,097 140,097 23,144 116,953 83.48% Total Transfer to other funds 622,298 781,205 781,896 470,746 311,150 39.79% Total Expenditures & Transfers 15,141,398 16,697,533 16,782,582 4,202,240 12,580,342 74.96% Net Revenues over(under) Expenditures 179,360$ -$ -$ -$ -$ *Note: The original budget includes outstanding encumbrances at 6/30/2019. Page 140 Quarterly Personal Use Fishery Fund Expenditure Report For Quarter Ended September 30, 2019 Original * FY2019 FY2020 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 64,973$ 65,515$ -$ (65,515)$ -100.00% Beach Parking 118,308 146,460 146,460 144,330 (2,130) -1.45% Beach Camping 129,939 170,100 170,100 149,788 (20,312) -11.94% Dock Launch & Park 91,358 101,600 101,600 105,635 4,035 3.97% Dock Parking Only 9,547 10,800 10,800 11,736 936 8.67% Participant Drop-off Fee 5,943 6,715 6,715 4,698 (2,017) -30.04% Interest Earnings 7,624 750 750 - (750) -100.00% PERS Grant 2,743 4,637 4,637 - (4,637) -100.00% Credit Card Fees (3,250) (3,500) (3,500) (4,450) (950) 27.14% Total Revenue 362,212 502,535 503,077 411,737 (91,340) -18.16% EXPENDITURES & TRANSFERS Public Safety 92,515$ 88,051$ 88,146$ 74,147$ 13,999$ 15.88% Streets 42,695 55,235 55,290 26,700 28,590 51.71% Boating Facility 45,077 64,161 64,279 47,349 16,930 26.34% Parks, Recreation & Beautification 227,025 245,088 245,362 175,497 69,865 28.47% Total Operating Expenditures 407,312 452,535 453,077 323,693 129,384 28.56% Transfers to Other Funds - General Fund 50,000 50,000 50,000 50,000 - 0.00% Total Expenditures & Transfers 457,312 502,535 503,077 373,693 129,384 25.72% Net Revenues over Expenditures (95,100)$ -$ -$ 38,044$ (220,724)$ *Note: The original budget includes outstanding encumbrances at 6/30/2019. Page 141 Quarterly Airport Fund Expenditure Report For Quarter Ended September 30, 2019 Original * FY2019 FY2020 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 41,945$ 536,139$ -$ (536,139)$ 0.00% State/Federal 36,883 42,663 42,663 - (42,663) 0.00% Interest , Leases & Fees 728,771 737,260 737,260 409,291 (327,969) 55.52% Terminal Revenues 864,804 767,127 767,127 227,540 (539,587) 29.66% Landing Fees 410,697 505,500 505,500 90,194 (415,306) 17.84% Transfers In 1,203,690 908,811 908,811 - (908,811) 0.00% Total Revenues 3,244,845 3,003,306 3,497,500 727,025 (2,770,475) 20.79% EXPENDITURES & TRANSFERS Terminal Area 550,783$ 616,753$ 617,312$ 118,076$ 499,236$ 80.87% Airfield 1,691,992 1,750,795 1,750,795 355,252 1,395,543 79.71% Administration 299,964 348,507 341,048 67,114 273,934 80.32% Other Buildings & Areas 152,640 208,777 215,677 36,206 179,471 83.21% Training Facility 41,088 38,474 38,474 1,045 37,429 97.28% Total Expenditures 2,736,467 2,963,306 2,963,306 577,693 2,385,613 80.51% Transfer to other funds Airport Improvement Capital Projects 2,072,139 40,000 534,194 25,459 508,735 0.00% Total Transfer to other funds 2,072,139 40,000 534,194 25,459 508,735 95.23% Total Expenditures & Transfers 4,808,606 3,003,306 3,497,500 603,152 2,894,348 82.75% Net Revenues over Expenditures (1,563,761)$ -$ -$ 123,873$ 123,873$ *Note: The original budget includes outstanding encumbrances at 6/30/2019. Page 142 Quarterly Water Sewer Fund Expenditure Report For Quarter Ended June 30, 2019 Original * FY2019 FY2020 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 1,699,830$ 1,699,830$ 700,837$ (998,993)$ 41.23% State/Federal 35,066 42,205 42,205 - (42,205) 0.00% Water/Sewer Fees 2,814,989 2,955,342 2,955,342 813,713 (2,141,629) 27.53% Penalty and Interest 43,415 41,600 41,600 12,410 (29,190) 29.83% Interest and Miscellaneous 123,138 15,480 15,480 638 (14,842) 4.12% Total Revenues 3,016,608 4,754,457 4,754,457 1,527,598 (3,226,859) 32.13% EXPENDITURES & TRANSFERS Water 787,637$ 1,044,087$ 1,044,087$ 165,917$ 878,170$ 84.11% Sewer 394,495 594,826 594,826 76,359 518,467 87.16% Wastewater Treatment Plant 1,141,780 2,055,544 2,055,544 215,322 1,840,222 89.52% Total Expenditures 2,323,912 3,694,457 3,694,457 457,598 3,236,859 87.61% Transfer to other funds - Water & Sewer Capital Projects 110,400 1,060,000 1,060,000 1,070,000 (10,000) - Total Transfer to other funds 110,400 1,060,000 1,060,000 1,070,000 (10,000) - Total Expenditures & Transfers 2,434,312 4,754,457 4,754,457 1,527,598 3,226,859 67.87% Net Revenues over Expenditures 582,296$ -$ -$ 0$ 0$ *Note: The original budget includes outstanding encumbrances at 6/30/2019. Page 143 Quarterly Senior Fund Expenditure Report For Quarter Ended June 30, 2019 Original * FY2019 FY2020 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 23,460$ 23,460$ -$ (23,460)$ 0.00% State Grants 204,464 205,831 205,831 47,962 (157,869) 23.30% USDA Grant 24,938 20,000 20,000 - (20,000) 0.00% Choice Waiver 135,444 125,000 125,000 32,589 (92,411) 26.07% KPB Grant 126,207 126,207 126,207 - (126,207) 0.00% United Way 3,631 15,000 15,000 - (15,000) 0.00% Rents & Leases 8,174 13,000 13,000 3,488 (9,512) 26.83% Miscellaneous Donations 4,278 25,000 25,000 7,005 (17,995) 28.02% Donations - Senior Connection 100,000 50,000 50,000 - (50,000) 0.00% Meal Donations 67,997 82,500 82,500 17,783 (64,717) 21.56% Ride Donations 4,215 7,000 7,000 921 (6,079) 13.16% Transfer from General Fund - Operations 170,857 239,208 239,899 60,493 (179,406) 25.22% Transfer from General Fund - Capital 11,170 14,100 14,100 - (14,100) 0.00% Other (7) 300 300 65 (235) 21.67% Total Revenues 861,368 946,606 947,297 170,306 (776,991) 17.98% EXPENDITURES & TRANSFERS Senior Citizen Access 140,539$ 191,256$ 191,415$ 41,933$ 149,482$ 78.09% Congregate Meals 231,082 261,266 261,432 54,215 207,217 79.26% Home Meals 202,637 223,664 223,788 44,357 179,431 80.18% Senior Transportation 80,929 104,527 104,596 24,129 80,467 76.93% Choice Waiver 232,910 165,893 166,066 31,976 134,090 80.75% Total Expenditures 888,097 946,606 947,297 196,610 750,687 79.25% Transfer to other funds - - - - - - - Total Transfer to other funds - - - - - - Total Expenditures & Transfers 888,097 946,606 947,297 196,610 750,687 79.25% Net Revenues over Expenditures (26,729)$ -$ -$ (26,304)$ (26,304)$ *Note: The original budget includes outstanding encumbrances at 6/30/2019. Page 144 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: October 16, 2019 SUBJECT: September 2019 Quarterly Investment Report City of Kenai Investment Portfolio On September 30, 2019 the City had investments with a market value of $22,697,734 that is up from $21,345,244 on June 30, 2019. The City’s portfolio is yielding 2.24% that is up from 2.19% on June 30, 2019. City’s Investment Portfolio US Agency Securities $ 2,507,660 AML Investment Pool 2,406,915 Wells Fargo Money Market 3,006,280 FDIC Insured Certificates of Deposit 14,387,034 Bank Balance 389,845 Total $ 22,697,734 Permanent Fund Investments The third quarter 2019 saw significant volatility in the equity markets and no change in the Federal Funds Rate. Analysts predict no Federal Funds Rate movement for the remainder of 2019. Equities propelled the portfolio to a one-year return of 12.24%. Since inception the portfolio has returned 8.01%. As of September 30, 2019 the portfolio value was $28,491,123, comprised of $25,046,623 (87.91%) Airport Land Sale Permanent Fund, $3,290,307 (11.55%) General Land Sale Permanent Fund monies, and $154,193 (0.54%) Kenai Community Foundation holdings. Page 145 CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY September 30, 2019 Fair Market Current Value Yield Cash & Cash Equivalents Wells Fargo Checking 389,845$ 0.40% Wells Fargo Secured Money Market 3,006,280 2.04% FDIC Insured Certificates of Deposit 14,387,034 2.42% Alaska Municipal League Investment Pool 2,406,915 1.79% Total Cash & Cash Equivalents 20,190,074 2.25% Average Yield Government Securities Maturities Less than 1 Year 998,690 1.70% Maturities 1 to 2 Years 1,508,970 2.47% Maturities Greater than 2 Years - 0.00% Total Government Securities 2,507,660 2.16% Total Portfolio 22,697,734$ 2.24% Investment Portfolio - Purchase Price 22,584,541$ Investment Portfolio - Fair Value 06/30/19 22,594,293 Fair Value Adjustment - 06/30/19 9,752 Fair Value Adjustment thru - 9/30/19 103,441 Cummulative Change in Fair Value 113,193$ September 30, 2019 $0 $4,000,000 $8,000,000 $12,000,000 $16,000,000 Liquidity 20% Minimum Maturity 1 - 2 years Maturity over 2 years 30% Maximum Portfolio Liquidity Policy Minimum/Maximum Actual Page 146 CITY OF KENAI Investments 09-30-19 COK CITY OF KENAI INVESTMENTS 9/30/2019 Current year cost or Unrealized Expected Call 06/30/19 09/30/19 Gain Accrued EFFECT.DATE DATE SECURITY or Maturity CUSIP original cost Market Value Market Value or Loss Interest RATE PURCH.DUE FHLMC 1.70 8/24/20 1 TIME 5/24/18 w/ 5 days 3134GBMD1 1,000,000 997,600.00 998,690.00 1,090.00 1,747.22 1.700 5/24/2017 8/24/2020 FNMA 1.375 3/30/21 9/30/2016 Quarterly w/10 days. Step 3/17 1.50, 3/18 1.75, 3/19 2.0, 3/20 3.25 3136G3DV4 500,000 498,500.00 498,815.00 315.00 19.10 2.000 3/30/2016 3/30/2021 FNMA 1.50 5/25/21 11/25/2016 Quarterly w/10 days.3136G3MW2 502,479 494,930.00 496,080.00 1,150.00 2,625.00 1.500 10/6/2016 5/25/2021 TVA 3.875 2/15/21 Bullet 880591EL2 555,678 515,870.00 514,075.00 (1,795.00) 2,475.69 3.875 10/12/2016 2/15/2021 TOTAL 2,558,156.88 2,506,900.00 2,507,660.00 760.00 6,867.01 2.269 2.47 FDIC Insured CD's CD - 12/31/10 2.45 GMATBK 5/3/21 57803 02007GJR5 245,082 246,109.85 247,489.20 1,379.35 2,499.67 2.450 5/7/2019 5/3/2021 3.55 AXP 12/4/23 27471 02589AA28 249,998 254,721.60 261,495.85 6,774.25 2,835.62 3.160 1/2/2019 12/4/2023 2.45 BWW 5/10/22 35141 05580ARK2 245,000 246,325.45 249,000.85 2,675.40 2,368.11 2.450 5/10/2019 5/10/2022 3.10 BANK MIDWEST CD 9/15/23 5170 063615BM9 245,000 250,130.30 256,698.75 6,568.45 291.32 3.100 9/17/2018 9/15/2023 2.60 OZK 11/4/19 110 06417NDZ3 245,000 245,369.95 245,161.70 (208.25) 471.21 2.600 1/4/2019 11/4/2019 2.45 SONHBT 5/23/22 24540 06426KBB3 245,000 246,332.80 249,064.55 2,731.75 131.56 2.450 5/23/2019 5/23/2022 1.60 BPRN 10/28/19 58513 064520AH2 245,000 244,532.05 244,943.65 411.60 42.96 1.600 10/27/2017 10/28/2019 2.30 BACR 10/18/22 57203 06740KLD7 245,000 244,605.55 248,518.20 3,912.65 2,562.77 2.300 10/18/2017 10/18/2022 2.85 BAY ST. SVGS BK 4/6/20 90311 072623AK7 245,000 246,271.55 246,291.15 19.60 2,238.23 2.850 12/6/2018 4/6/2020 1.65 BHLB 10/28/19 23621 084601KU6 245,000 244,563.90 244,951.00 387.10 1,749.90 1.650 10/26/2017 10/28/2019 2.4 COF 4/19/22 33954 1404202E9 247,000 247,995.41 250,638.31 2,642.90 2,679.78 2.400 4/19/2017 4/19/2022 2.4 COF 8/30/22 4297 14042RHS3 245,000 245,656.60 249,091.50 3,434.90 467.18 2.400 8/28/2017 8/30/2022 1.65 CATY 10/28/19 18503 149159LK9 245,000 244,573.70 244,953.45 379.75 44.30 1.650 10/27/2017 10/28/2019 2.60 CENBKK 6/18/20 35450 156444BG5 245,000 245,999.60 246,384.25 384.65 226.88 2.600 9/18/2018 6/18/2020 3.15 CFBANK 9/18/23 28263 15721UCQ0 245,000 250,632.55 257,183.85 6,551.30 274.87 3.150 9/18/2018 9/18/2023 3.30 C 9/7/23 7213 17312QS34 245,000 252,053.55 258,465.20 6,411.65 531.62 3.300 9/7/2018 9/7/2023 1.65 CWBKNA 12/30/19 57176 20084TJW4 247,000 246,424.49 246,851.80 427.31 11.17 1.650 12/29/2016 12/30/2019 2.75 DISCOVER BANK 9/21/20 5649 254673TS5 245,000 246,685.60 247,251.55 565.95 221.51 2.750 9/19/2018 9/21/2020 2.55 CMS 1/18/22 57293 29278TAK6 245,000 246,908.55 249,116.00 2,207.45 256.75 2.550 2/16/2018 1/18/2022 2.55 FRMRBT 3/19/20 1291 309162AE5 245,000 245,656.60 245,806.05 149.45 205.40 2.550 9/19/2018 3/19/2020 2.60 FRSTFD 1/10/20 58647 32026UMA1 245,000 245,595.35 245,470.40 (124.95) 4,589.89 2.600 1/11/2019 1/10/2020 2.85 FIBIND 6/30/20 34607 32056GDE7 245,000 246,643.95 246,918.35 274.40 19.13 2.850 12/31/2018 6/30/2020 1.60 FRME 12/30/19 4365 32082BEL9 247,000 246,362.74 246,819.69 456.95 10.83 1.600 12/30/2016 12/30/2019 2.30 FINN 02/21/20 5452 332135HH8 245,000 245,225.40 245,421.40 196.00 154.38 2.300 2/21/2018 2/21/2020 2.70 FRC 7/7/20 59017 33616CBR0 245,000 246,308.30 246,700.30 392.00 434.96 2.700 9/7/2018 7/7/2020 3.10 SRCE 10/21/22 9087 33646CKJ2 245,000 250,808.95 254,349.20 3,540.25 208.08 3.100 9/21/2018 10/21/2022 2.65 First St Bk Bigfork 10991 33651EAD4 245,000 245,622.30 245,406.70 (215.60) 195.66 2.650 11/20/2018 12/20/2019 2.80 FIRST WESTN TR BK 57607 337504AE4 245,000 246,225.00 246,320.55 95.55 187.95 2.800 12/21/2018 4/21/2020 2.35 GS 8/30/22 33124 38148PNS2 245,000 245,281.75 248,743.60 3,461.85 457.45 2.350 8/28/2017 8/30/2022 2.30 HSBC 7/14/22 57890 40434YLE5 245,000 244,982.85 245,259.70 276.85 1,219.63 2.300 7/14/2017 7/14/2022 2.55 HAFC 10/21/19 24170 410493DS6 245,000 245,281.75 245,093.10 (188.65) 171.16 2.550 11/21/2018 10/21/2019 2.60 IBKC 3/23/20 28100 45083AKP6 245,000 245,747.25 245,894.25 147.00 174.52 2.600 9/21/2018 3/23/2020 1.65 ILBKIL 10/31/19 33708 45906ABU0 245,000 244,568.80 244,948.55 379.75 11.08 1.650 10/31/2017 10/31/2019 2.30 KENNEB 08/24/20 17897 489265AZ1 245,000 245,333.20 246,095.15 761.95 617.53 2.300 2/22/2018 8/24/2020 1.65 KEY 10/25/19 17534 49306SZA7 245,000 244,568.80 244,955.90 387.10 1,760.98 1.650 10/25/2017 10/25/2019 2.60 LSAVBK 1/3/20 253 549104EF0 245,000 245,580.65 245,433.65 (147.00) 4,729.51 2.600 1/4/2019 1/3/2020 2.25 MBFI 2/14/20 3628 55266CYJ9 245,030 245,151.90 245,350.35 198.45 256.75 2.250 2/16/2018 2/14/2020 1.70 MSBKGR 10/24/19 5766 56062HAD1 245,000 244,622.70 244,968.15 345.45 79.88 1.700 10/24/2017 10/24/2019 2.65 Metabank Sioux Falls SD 30776 59101LFD4 245,000 245,433.65 245,218.05 (215.60) 5,674.27 2.650 11/16/2018 11/15/2019 2.60 MS 2/15/22 32992 61747MK83 245,000 247,236.85 249,522.70 2,285.85 820.25 2.600 2/15/2018 2/15/2022 2.05 NTLNYC 8/30/22 18734 634116CM7 245,000 243,040.00 246,663.55 3,623.55 13.76 2.050 10/30/2017 8/30/2022 3.40 NCBSVG 12/21/23 32612 635573AL2 247,234 253,219.75 260,138.55 6,918.80 2,327.84 3.220 1/2/2019 12/21/2023 2.75 NEWBUF 1/17/20 31257 643056BG8 245,000 245,835.45 245,629.65 (205.80) 258.42 2.750 12/17/2018 1/17/2020 2.15 NRTHFL 10/25/22 28710 66612ABX5 245,000 243,390.35 247,440.20 4,049.85 2,294.61 2.150 10/30/2017 8/30/2022 2.80 ORIENTAL BANK 9/14/20 31469 68621KCC3 245,000 246,805.65 247,322.60 516.95 357.10 2.800 9/12/2018 9/14/2020 2.80 SALLMA 4/17/24 58177 7954502H7 245,000 246,771.35 254,510.90 7,739.55 3,138.68 2.590 5/7/2019 4/17/2024 2.10 SMARTB 11/27/19 58463 83172HDR8 245,000 244,958.35 245,073.50 115.15 42.29 2.100 2/28/2018 11/27/2019 1.75 SOWNAT 5/8/20 4801 845182BA1 245,000 244,105.75 244,892.20 786.45 270.17 1.750 8/28/2017 5/8/2020 2.75 SBIIN 02/16/23 33682 856285HZ7 245,000 247,572.50 252,394.10 4,821.60 849.11 2.750 2/16/2018 2/16/2023 2.35 SYF 10/20/22 27314 87164WTC2 245,000 244,980.40 248,883.25 3,902.85 2,586.93 2.350 10/20/2017 10/22/2022 2.15 EVER 10/28/22 34775 87270LAV5 245,000 243,360.95 247,452.45 4,091.50 2,222.45 2.150 10/30/2017 10/28/2022 2.05 THFDSL 10/27/21 30012 88413QBT4 245,000 244,039.60 246,237.25 2,197.65 2,160.36 2.050 10/27/2017 10/27/2021 1.60 TWNBNK 10/28/19 18487 89210PBL6 245,000 244,532.05 244,943.65 411.60 42.96 1.600 10/27/2017 10/28/2019 3.00 TOWN 9/27/21 35095 89214PCA5 245,000 249,184.60 250,742.80 1,558.20 100.68 3.000 9/26/2018 9/27/2021 2.80 UBS 9/14/20 57565 90348JDQ0 245,000 246,810.55 247,317.70 507.15 319.51 2.800 9/14/2018 9/14/2020 3.25 VYSTAR CREDIT UNION 12/11/20 68490 92891CCB6 245,000 248,719.10 249,204.20 485.10 21.82 3.250 12/11/2018 12/11/2020 1.70 WEX 10/18/19 34697 92937CGA0 245,000 244,625.15 244,973.05 347.90 1,894.22 1.700 10/18/2017 10/18/2019 2.00 WFC 10/27/22 3511 94986T2N6 245,000 244,843.20 244,968.15 124.95 2,107.67 2.000 10/27/2017 10/27/2022 TOTAL FDIC Insured CD's 14,223,344.43 14,284,926.54 14,387,034.35 102,107.81 62,893.28 2.421 WELLS MONEY MKT 3,006,280.37 3,006,280.37 3,006,280.37 - 4,837.21 2.040 AML POOL - City ACCT Agreed to Amlip 2,406,914.88 2,406,914.88 2,406,914.88 - 1,725.92 1.790 Agreed to GL 22,194,696.56 22,205,021.79 22,307,889.60 102,867.81 76,323.42 WF Cash Agreed to WF 389,845.09 389,845.09 389,845.09 - - 0.400 TOTAL 22,584,541.65 22,594,866.88 22,697,734.69 102,867.81 76,323.42 MONTHS 113,193.04 TOTAL CURRENT YIELD 22,584,541.65 2.2444% Max/Min Return Actual Difference Maturity over 2 years 30% Maximum 6,809,320.41 2.5689%5,775,837 1,033,483.75 OK 6000000 Liquidity 20% Minimum 4,539,546.94 2.0595%14,665,492 (10,125,944.89) OK Maturity 1 - 2 years 2.6158%2,256,406 2.2444%22,697,735 - Page 147 CITY OF KENAI PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY September 30, 2019 Current or Current Average Portfolio Target Portfolio 30-Sep-18 31-Dec-18 31-Mar-19 30-Jun-19 30-Sep-19 Yield Weight Weight Maximum Fixed Income Cash & Cash Equivalents 90,388 1,661,032 1,545,212 1,431,086 1,560,919 1.79%5.48% Total Cash & Cash Equivalents 90,388 1,661,032 1,545,212 1,431,086 1,560,919 Government & Corporate Securities Government Securities 7,514,414 5,874,888 6,821,504 9,265,968 9,099,594 2.02%31.94% Corporate Securities 5,166,325 5,153,955 4,570,777 1,984,868 2,007,674 2.66%7.05% Total Government & Corporate Securities 12,680,739 11,028,843 11,392,281 11,250,836 11,107,268 2.29%38.99% Total Fixed Income 12,771,127 12,689,875 12,937,493 12,681,922 12,668,187 2.27%44.47%45.00%65.00% Equities Domestic Equities Large-Cap Index 5,702,415 5,007,131 5,751,108 5,619,537 5,704,808 20.02%20.00%25.00% Small-Cap Index 1,402,625 1,170,059 1,323,301 1,385,556 1,445,878 5.07%5.00%10.00% Mid-Cap Index 2,819,740 2,416,173 2,807,855 2,818,713 2,885,890 10.13%10.00%15.00% Total Domestic Equities 9,924,780 8,593,363 9,882,264 9,823,806 10,036,576 35.22%35.00%50.00% International Equities Europe Pacific ETF 2,893,212 2,577,221 2,845,695 2,800,691 2,908,363 10.21%10.00%15.00% Vanguard Emerging Market ETF 1,451,135 1,321,379 1,449,173 1,432,090 1,432,364 5.03%5.00%10.00% Total International Equities 4,344,347 3,898,600 4,294,868 4,232,781 4,340,727 15.24%15.00%25.00% Real Estate Vanguard REIT ETF 1,410,465 1,315,599 1,443,620 546,130 585,455 2.05%2.00%7.00% Total Real Estate 1,410,465 1,315,599 1,443,620 546,130 585,455 2.05%2.00%7.00% Infrastructure Flexshares Stoxx Global Broad Infrastucture - - - 847,875 860,178 3.02%3.00%8.00% Total Infrastructure - - - 847,875 860,178 3.02%3.00%8.00% Total Equities 15,679,592 13,807,562 15,620,752 15,450,592 15,822,936 Total Portfolio 28,450,719 26,497,437 28,558,245 28,132,514 28,491,123 12.24%100.00%100.00%155.00% Total ALSPF Balance 25,156,764 23,429,629 25,251,842 24,731,368 25,046,623 Total GLSPF Balance 3,146,501 2,930,478 3,158,393 3,248,893 3,290,307 Total Kenai Community Foundation 147,454 137,330 148,011 152,252 154,193 Fair Market Value 0.00% 25.00% 50.00% 75.00% Fixed Income Large-Cap Index Small-Cap Index Mid-Cap Index Europe Pacific ETF VanguardEmerging Market ETF Vanguard REIT ETF Portfolio Composition Current Portfolio Weight Target Portfolio Weight Maximum Portfolio Weight Current Month Current Quarter Year to Date Last 1 Year Inception to Date Portfolio 1.17%1.28%12.24%4.47%8.01% Benchmark 1.13%1.18%12.57%4.92%8.14% -5.00% 0.00% 5.00% 10.00% 15.00%Portfolio Performance Page 148 $15,000,000 $17,000,000 $19,000,000 $21,000,000 $23,000,000 $25,000,000 $27,000,000 Total ALSPF Balance Transfer of $1,195,313 to Airport Operations. Transfer of $1,147,714 to Airport Operations. Transfer of $1,184,356 to Airport Operations. Transfer of $1,210,348 to Airport Operations. $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 Total GLSPF Balance Transfer of $1,158,473 to Airport Operations. Transfer of $154,172 to General Fund Operations. Transfer of $153,493 to General Fund Operations. $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 $180,000 Total Kenai Community Foundation Balance $50,000 investment. $5,000 investment.Initial investment of $66,143. Transfer of $149,802 to General Fund Operations. Transfer of $1,203,690 to Airport Operations. Transfer of $161,561 to General Fund Operations. Page 149 Clients are encouraged to compare this report with the official statement from their custodian.INVESTMENT PERFORMANCECurrentMonthCurrentQuarterYear toDateLatest 1YearInception toDatePortfolio1.17 1.28 12.24 4.47 8.01Benchmark1.13 1.18 12.57 4.92 8.140.002.004.006.008.0010.0012.0014.00Percent Total Return (Gross)Performance is Annualized for Periods Greater than One YearCurrent Account Benchmark:Equity BlendPORTFOLIO COMPOSITIONFixed Income45%US Lg Cap20%US Md Cap10%US Sm Cap5%Int'l10%Emer Mkts5%Real Estate5%MANAGEMENT TEAMClient Relationship Manager: Amber Frizzell, AIF®Amber@apcm.netYour Portfolio Manager: Bill Lierman, CFA®Contact Phone Number: 907/272 -7575ACCOUNT ACTIVITYPortfolio Value on 08-31-19 28,160,373Contributions 0Withdrawals -363Change in Market Value 247,603Interest 28,390Dividends 53,160Portfolio Value on 09-30-19 28,489,164CITY OF KENAI PERMANENT FUNDSAccount Statement - Period Ending September 30, 2019Page 150 Alaska Permanent Capital Management Co. PORTFOLIO SUMMARY AND TARGET CITY OF KENAI PERMANENT FUNDS September 30, 2019 % Asset Class & Target Market Value Assets Range FIXED INCOME (45%) US Fixed Income (40.0%) 11,107,748 39.0 35% to 65% Cash (5.0%) 1,578,334 5.5 0% to 10% Subtotal: 12,686,082 44.5 EQUITY (50%) US Large Cap (20.0%) 5,684,953 20.0 15% to 25% US Mid Cap (10.0%) 2,885,890 10.1 5% to 15% US Small Cap (5.0%) 1,445,878 5.1 0% to 10% Developed International Equity (10.0%) 2,908,363 10.2 5% to 15% Emerging Markets (5.0%) 1,432,364 5.0 0% to 10% Subtotal: 14,357,449 50.4 ALTERNATIVE INVESTMENTS (5%) Real Estate (2.0%) 585,455 2.1 0% to 5% Infrastructure (3.0%) 860,177 3.0 0% to 6% Subtotal: 1,445,632 5.1 TOTAL PORTFOLIO 28,489,164 100 Page 151 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSSeptember 30, 2019YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest MaturityFNMA & FHLMC18,104 FHLMC POOL G14203 104.5618,930 104.30 18,882 0.07 724 60 1.894.000% Due 04-01-26140,706 FG POOL C91270 105.67 148,687 106.66 150,083 0.53 6,332 528 2.234.500% Due 10-01-29138,546 FG POOL J30401 101.30 140,343 103.24 143,038 0.50 4,156 346 1.993.000% Due 01-01-30140,379 FG POOL G16255 99.70 139,962 101.36 142,287 0.50 3,509 292 2.152.500% Due 07-01-32139,163 FNCL POOL 995373 106.72 148,513 108.19 150,562 0.53 6,262 522 2.564.500% Due 02-01-39386,963 FN POOL AJ1405 104.48 404,316 106.80 413,295 1.45 15,479 1,290 2.434.000% Due 09-01-41173,375 FN POOL AL3180 100.20 173,727 103.05 178,662 0.63 5,201 433 2.403.000% Due 01-01-43243,568 FG POOL V80057 100.23 244,139 103.54 252,186 0.89 7,307 609 2.333.000% Due 05-01-43175,884 FN POOL AT2324 100.20 176,241 103.04 181,239 0.64 5,277 440 2.433.000% Due 05-01-43313,812 FG POOL G08722 102.09 320,358 104.06 326,553 1.15 10,983 915 2.483.500% Due 09-01-46101,631 FN AS8483 102.95 104,633 102.43 104,100 0.37 3,049 254 2.563.000% Due 12-01-46108,978 FN POOL BD2453 99.89 108,858 102.86 112,097 0.39 3,269 272 2.503.000% Due 01-01-47597,137 FN POOL AS8810 102.04 609,313 103.68 619,136 2.17 20,900 1,742 2.543.500% Due 02-01-47222,531 FN POOL MA2930 103.56 230,459 104.90 233,442 0.82 8,901 742 2.404.000% Due 03-01-47140,338 FG G61893 101.14 141,939 102.48 143,821 0.50 4,210 351 2.523.000% Due 07-01-47198,094 FN MA3305 103.02 204,068 103.53 205,083 0.72 6,933 578 2.803.500% Due 03-01-4892,279 FN POOL MA3638 103.09 95,134103.67 95,666 0.34 3,691 308 2.464.000% Due 04-01-49Accrued Interest9,682 0.033,409,621 3,479,813 12.21 9,682CORPORATE BONDS100,000 ABBVIE INC 101.31 101,307101.92 101,917 0.36 2,900 1,168 2.262.900% Due 11-06-22100,000 GOLDMAN SACHS GROUP INC 101.98 101,985 104.00 103,998 0.37 3,625 695 2.363.625% Due 01-22-23100,000 AVALONBAY COMMUNITIES 100.82 100,816 102.39 102,393 0.36 2,850 127 2.132.850% Due 03-15-23Page 152 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSSeptember 30, 2019YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity100,000 AFLAC INC 104.97 104,975105.31 105,312 0.37 3,625 1,067 2.133.625% Due 06-15-23200,000 BANK OF NEW YORK MELLON 97.83 195,666 100.35 200,692 0.70 4,400 550 2.112.200% Due 08-16-23200,000 JPMORGAN CHASE & CO 105.18 210,362 106.55 213,094 0.75 7,750 1,292 2.283.875% Due 02-01-24100,000 MORGAN STANLEY IND FINANCIAL SRV 103.71 103,711 106.38 106,383 0.37 3,875 1,636 2.393.875% Due 04-29-24100,000 WELLS FARGO & COMPANY 99.8899,882 104.39 104,393 0.37 3,300 202 2.353.300% Due 09-09-24150,000 KIMCO REALTY CORP 94.92 142,377 103.13 154,699 0.54 4,950 825 2.673.300% Due 02-01-25150,000 REYNOLDS AMERICAN INC 108.47 162,700 106.65 159,982 0.56 6,675 2,021 3.164.450% Due 06-12-25150,000 CITIGROUP INC 101.65 152,470 106.19 159,288 0.56 5,550 1,218 2.623.700% Due 01-12-26100,000 ENBRIDGE INC 101.13 101,135 106.11 106,114 0.37 3,700 781 2.823.700% Due 07-15-27100,000 AT&T INC 119.32 119,320 128.74 128,743 0.45 6,375 531 4.316.375% Due 03-01-41100,000 HOME DEPOT INC 115.63 115,627 128.91 128,912 0.45 4,875 623 3.164.875% Due 02-15-44100,000 BANK OF AMERICA CORP 106.31 106,308 118.63 118,635 0.42 4,443 876 3.414.443% Due 01-20-48Accrued Interest13,612 0.051,918,642 2,008,168 7.05 13,612DOMESTIC LARGE CAP EQUITY FUNDS/ETF18,975 FLEXSHARES QUAL DIV ETF 40.79 773,897 45.44 862,224 3.03 NA8,800 ISHARES MSCI USA MIN VOLATILITY ETF 61.68 542,784 64.10 564,080 1.98 NA14,350 SPDR S&P 500 ETF 142.48 2,044,588 296.77 4,258,649 14.95 NA3,361,269 5,684,953 19.95DOMESTIC MID CAP EQUITY FUNDS/ETF14,935 ISHARES CORE S&P MIDCAP 400 ETF 76.19 1,137,948 193.23 2,885,890 10.13 NADOMESTIC SMALL CAP EQUITY FUNDS/ETF18,575 ISHARES S&P SMALLCAP 600 INDEX ETF 37.21 691,102 77.84 1,445,878 5.08 NAINTERNATIONAL EQUITY FUNDS/ETF23,785 ISHARES ETF CORE MSCI EAFE 51.86 1,233,51061.07 1,452,550 5.10 NA22,325 ISHARES MSCI EAFE INDEX FUND 61.74 1,378,359 65.21 1,455,813 5.11 NA2,611,868 2,908,363 10.21Page 153 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSSeptember 30, 2019YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest MaturityEMERGING MARKET FUNDS/ETF29,220 ISHARES ETF CORE MSCI EMERGING MKTS 42.36 1,237,704 49.02 1,432,364 5.03 NAREAL ESTATE & INFRASTRUCTURE16,625 FLEXSHAR STX GLOBAL BROAD INF ETF 49.49 822,771 51.74 860,177 3.02 NA6,500 JPMORGAN BETABUILDERS MSCI US REIT ETF 76.55 497,605 90.07 585,455 2.06 NA1,320,376 1,445,632 5.07U.S. TREASURY 300,000 US TREASURY NOTES 99.34 298,008 100.74 302,226 1.06 6,375 1,611 1.692.125% Due 06-30-2125,000 US TREASURY NOTES 98.5924,648 99.00 24,751 0.09 281 47 1.681.125% Due 07-31-21200,000 US TREASURY NOTES 100.66 201,312 100.62 201,234 0.71 4,000 341 1.672.000% Due 08-31-21170,000 US TREASURY NOTES 101.31 172,227 100.81 171,382 0.60 3,400 859 1.632.000% Due 12-31-21250,000 US TREASURY NOTES 100.09 250,215 100.55 251,387 0.88 4,687 790 1.631.875% Due 01-31-22325,000 US TREASURY NOTES 97.12 315,644 101.45 329,709 1.16 6,906 1,745 1.582.125% Due 06-30-22350,000 US TREASURY NOTES 99.72 349,016 103.46 362,099 1.27 9,187 782 1.582.625% Due 02-28-23150,000 US TREASURY NOTES 99.41 149,109 100.21 150,322 0.53 2,437 1,020 1.571.625% Due 10-31-23250,000 US TREASURY NOTES 100.23 250,566 103.73 259,317 0.91 5,937 758 1.582.375% Due 08-15-24150,000 US TREASURY NOTES 99.71 149,561 106.28 159,415 0.56 4,125 1,042 1.602.750% Due 06-30-25400,000 US TREASURY NOTES 99.75 399,014 105.36 421,452 1.48 10,000 852 1.622.500% Due 02-28-26200,000 US TREASURY NOTES 95.63 191,269 100.05 200,094 0.70 3,250 1,228 1.621.625% Due 05-15-26250,000 US TREASURY NOTES 95.26 238,145 102.55 256,377 0.90 5,000 1,889 1.622.000% Due 11-15-26190,000 US TREASURY NOTES 95.29 181,049 104.61 198,751 0.70 4,275 1,615 1.642.250% Due 11-15-27220,000 US TREASURY NOTES 98.74 217,225 108.57 238,854 0.84 6,050 773 1.652.750% Due 02-15-28300,000 US TREASURY NOTES 102.38 307,141 112.27 336,798 1.18 9,375 3,541 1.673.125% Due 11-15-28495,000 US TREASURY NOTES 100.69 498,419 108.23 535,743 1.88 12,994 1,660 1.672.625% Due 02-15-29170,000 US TREASURY NOTES 128.88 219,090 140.28 238,471 0.84 7,437 2,809 1.954.375% Due 11-15-39Page 154 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSSeptember 30, 2019YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity600,000 US TREASURY NOTES 102.98 617,889 116.63 699,774 2.46 17,250 6,516 2.122.875% Due 05-15-49Accrued Interest29,877 0.105,029,547 5,368,038 18.84 29,877AGENCIES250,000 FEDERAL HOME LOAN BANK - STEP UP 99.85 249,625 99.94 249,840 0.88 5,000 1,889 2.022.000% Due 11-14-22Accrued Interest1,889 0.01249,625 251,729 0.88 1,889CASH AND EQUIVALENTSDIVIDEND ACCRUAL 19,855 19,855 0.07WF ADV GOVT MM FD-INSTL #1751 1,558,480 1,558,480 5.471,578,334 1,578,334 5.54TOTAL PORTFOLIO 22,546,037 28,489,164 100 313,047 55,060Page 155 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 09-01-19 To 09-30-19Trade Settle TradeDate Date Security Quantity AmountPURCHASESDOMESTIC MID CAP EQUITY FUNDS/ETF09-03-19 09-05-19 ISHARES CORE S&P MIDCAP 400 ETF425.0000 79,009.97DOMESTIC SMALL CAP EQUITY FUNDS/ETF09-03-19 09-05-19 ISHARES S&P SMALLCAP 600 INDEX ETF875.0000 65,301.25EMERGING MARKET FUNDS/ETF09-03-19 09-05-19 ISHARES ETF CORE MSCI EMERGING MKTS1,380.0000 66,240.00INTERNATIONAL EQUITY FUNDS/ETF09-03-19 09-05-19 ISHARES ETF CORE MSCI EAFE1,000.0000 59,059.6009-03-19 09-05-19 ISHARES MSCI EAFE INDEX FUND1,000.0000 63,035.00122,094.60U.S. TREASURY 09-10-19 09-11-19 US TREASURY NOTES 200,000 201,312.502.000% Due 08-31-21533,958.32DEPOSITS AND EXPENSESMANAGEMENT FEES09-30-19 09-30-19 MANAGEMENT FEES 4,040.764,040.76DividendDOMESTIC LARGE CAP EQUITY FUNDS/ETF09-20-19 10-31-19 SPDR S&P 500 ETF 19,854.9309-26-19 09-26-19 FLEXSHARES QUAL DIV ETF4,734.43Page 156 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 09-01-19 To 09-30-19Trade Settle TradeDate Date Security Quantity Amount09-30-19 09-30-19 ISHARES MSCI USA MIN VOLATILITY ETF2,524.4227,113.78DOMESTIC MID CAP EQUITY FUNDS/ETF09-30-19 09-30-19 ISHARES CORE S&P MIDCAP 400 ETF12,817.96DOMESTIC SMALL CAP EQUITY FUNDS/ETF09-30-19 09-30-19 ISHARES S&P SMALLCAP 600 INDEX ETF5,301.51REAL ESTATE & INFRASTRUCTURE09-26-19 09-26-19 FLEXSHAR STX GLOBAL BROAD INF ETF5,112.1909-27-19 09-27-19 JPMORGAN BETABUILDERS MSCI US REIT ETF2,814.767,926.9553,160.20InterestAGENCIES09-09-19 09-09-19 FHLB 3,423.613.625% Due 03-19-27CASH AND EQUIVALENTS09-03-19 09-03-19 WF ADV GOVT MM FD-INSTL #17512,419.52CORPORATE BONDS09-03-19 09-03-19 AT&T INC 3,187.506.375% Due 03-01-4109-09-19 09-09-19 WELLS FARGO & COMPANY1,650.003.300% Due 09-09-24Page 157 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 09-01-19 To 09-30-19Trade Settle TradeDate Date Security Quantity Amount09-16-19 09-16-19 AVALONBAY COMMUNITIES1,425.002.850% Due 03-15-236,262.50FNMA & FHLMC09-16-19 09-16-19 FHLMC POOL G14203 62.014.000% Due 04-01-2609-16-19 09-16-19 FG POOL G16255 298.592.500% Due 07-01-3209-16-19 09-16-19 FG POOL G08722 935.383.500% Due 09-01-4609-16-19 09-16-19 FG POOL C91270 533.824.500% Due 10-01-2909-16-19 09-16-19 FG POOL J30401 349.853.000% Due 01-01-3009-16-19 09-16-19 FG POOL V80057 615.033.000% Due 05-01-4309-16-19 09-16-19 FG G61893 354.983.000% Due 07-01-4709-25-19 09-25-19 FN POOL AJ1405 1,319.094.000% Due 09-01-4109-25-19 09-25-19 FN POOL AT2324 446.533.000% Due 05-01-4309-25-19 09-25-19 FN AS8483 256.813.000% Due 12-01-4609-25-19 09-25-19 FN POOL AS8810 1,763.533.500% Due 02-01-4709-25-19 09-25-19 FN POOL AL3180 434.663.000% Due 01-01-4309-25-19 09-25-19 FN POOL BD2453 275.953.000% Due 01-01-4709-25-19 09-25-19 FNCL POOL 995373 529.554.500% Due 02-01-3909-25-19 09-25-19 FN POOL MA2930 764.014.000% Due 03-01-47Page 158 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 09-01-19 To 09-30-19Trade Settle TradeDate Date Security Quantity Amount09-25-19 09-25-19 FN MA3305 586.833.500% Due 03-01-4809-25-19 09-25-19 FN POOL MA3638 318.534.000% Due 04-01-499,845.1521,950.78PRINCIPAL PAYDOWNSFNMA & FHLMC09-15-19 09-16-19 FHLMC POOL G14203 497.70 497.704.000% Due 04-01-2609-15-19 09-16-19 FG POOL G16255 2,943.40 2,943.402.500% Due 07-01-3209-15-19 09-16-19 FG POOL G08722 6,889.62 6,889.623.500% Due 09-01-4609-15-19 09-16-19 FG POOL C91270 1,644.76 1,644.764.500% Due 10-01-2909-15-19 09-16-19 FG POOL J30401 1,393.64 1,393.643.000% Due 01-01-3009-15-19 09-16-19 FG POOL V80057 2,443.01 2,443.013.000% Due 05-01-4309-15-19 09-16-19 FG G61893 1,654.95 1,654.953.000% Due 07-01-4709-25-19 09-25-19 FN POOL AJ1405 8,763.62 8,763.624.000% Due 09-01-4109-25-19 09-25-19 FN POOL AT2324 2,729.96 2,729.963.000% Due 05-01-4309-25-19 09-25-19 FN AS8483 1,092.63 1,092.633.000% Due 12-01-4609-25-19 09-25-19 FN POOL AS8810 7,502.96 7,502.963.500% Due 02-01-4709-25-19 09-25-19 FN POOL AL3180 488.79 488.793.000% Due 01-01-4309-25-19 09-25-19 FN POOL BD2453 1,400.52 1,400.523.000% Due 01-01-47Page 159 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 09-01-19 To 09-30-19Trade Settle TradeDate Date Security Quantity Amount09-25-19 09-25-19 FNCL POOL 995373 2,050.84 2,050.844.500% Due 02-01-3909-25-19 09-25-19 FN POOL MA2930 6,671.27 6,671.274.000% Due 03-01-4709-25-19 09-25-19 FN MA3305 3,105.80 3,105.803.500% Due 03-01-4809-25-19 09-25-19 FN POOL MA3638 3,280.12 3,280.124.000% Due 04-01-4954,553.5954,553.59Purchased Accrued InterestU.S. TREASURY 09-10-19 09-11-19 US TREASURY NOTES 120.882.000% Due 08-31-21120.88SALES, MATURITIES, AND CALLSAGENCIES09-09-19 09-09-19 FHLB 200,000 200,000.003.625% Due 03-19-27U.S. TREASURY 09-04-19 09-05-19 US TREASURY NOTES 275,000 273,227.541.125% Due 07-31-21473,227.54Sold Accrued InterestU.S. TREASURY 09-04-19 09-05-19 US TREASURY NOTES 302.651.125% Due 07-31-21302.65Page 160 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 09-01-19 To 09-30-19Trade Settle TradeDate Date Security Quantity AmountWithdrawCASH AND EQUIVALENTS09-03-19 09-03-19 CASH RECEIVABLE 4,593.7509-03-19 09-03-19 CASH RECEIVABLE 5,000.0009-20-19 09-20-19 WF ADV GOVT MM FD-INSTL #1751362.529,956.279,956.27Page 161 Alaska Permanent Capital Management Co.REALIZED GAINS AND LOSSESCITY OF KENAI PERMANENT FUNDSFrom 09-01-19 Through 09-30-19Avg. CostDate Quantity Security Basis Proceeds Gain Or Loss09-04-19 275,000 US TREASURY NOTES 271,132.81 273,227.54 2,094.731.125% Due 07-31-2109-09-19 200,000 FHLB 199,580.00 200,000.00 420.003.625% Due 03-19-2709-15-19 497.70 FHLMC POOL G14203 520.41 497.70 -22.714.000% Due 04-01-2609-15-19 2,943.40 FG POOL G16255 2,934.66 2,943.40 8.742.500% Due 07-01-3209-15-19 6,889.62 FG POOL G08722 7,033.33 6,889.62 -143.713.500% Due 09-01-4609-15-19 1,644.76 FG POOL C91270 1,738.05 1,644.76 -93.294.500% Due 10-01-2909-15-19 1,393.64 FG POOL J30401 1,411.71 1,393.64 -18.073.000% Due 01-01-3009-15-19 2,443.01 FG POOL V80057 2,448.74 2,443.01 -5.733.000% Due 05-01-4309-15-19 1,654.95 FG G61893 1,673.83 1,654.95 -18.883.000% Due 07-01-4709-25-19 8,763.62 FN POOL AJ1405 9,156.61 8,763.62 -392.994.000% Due 09-01-4109-25-19 2,729.96 FN POOL AT2324 2,735.51 2,729.96 -5.553.000% Due 05-01-4309-25-19 1,092.63 FN AS8483 1,124.90 1,092.63 -32.273.000% Due 12-01-4609-25-19 7,502.96 FN POOL AS8810 7,655.95 7,502.96 -152.993.500% Due 02-01-4709-25-19 488.79 FN POOL AL3180 489.78 488.79 -0.993.000% Due 01-01-4309-25-19 1,400.52 FN POOL BD2453 1,398.99 1,400.52 1.533.000% Due 01-01-4709-25-19 2,050.84 FNCL POOL 995373 2,188.63 2,050.84 -137.794.500% Due 02-01-3909-25-19 6,671.27 FN POOL MA2930 6,908.93 6,671.27 -237.664.000% Due 03-01-4709-25-19 3,105.80 FN MA3305 3,199.46 3,105.80 -93.663.500% Due 03-01-48Page 162 Alaska Permanent Capital Management Co.REALIZED GAINS AND LOSSESCITY OF KENAI PERMANENT FUNDSFrom 09-01-19 Through 09-30-19Avg. CostDate Quantity Security Basis Proceeds Gain Or Loss09-25-19 3,280.12 FN POOL MA3638 3,381.60 3,280.12 -101.484.000% Due 04-01-49TOTAL GAINS 2,525.00TOTAL LOSSES -1,457.77526,713.90 527,781.13 1,067.23Page 163 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 09-01-19 To 09-30-19Trade Settle TranDate Date Code Activity Security AmountCASH RECEIVABLE09-01-19 Beginning Balance 9,593.7509-03-19 09-03-19 wd Transfer to WF ADV GOVT MM FD-INSTL #1751-4,593.7509-03-19 09-03-19 wd Transfer to WF ADV GOVT MM FD-INSTL #1751-5,000.0009-30-19 Ending Balance 0.00WF ADV GOVT MM FD-INSTL #175109-01-19 Beginning Balance 1,499,987.7109-03-19 09-05-19 wd Purchase ISHARES ETF CORE MSCI EMERGING MKTS-66,240.0009-03-19 09-05-19 wd Purchase ISHARES ETF CORE MSCI EAFE -59,059.6009-03-19 09-05-19 wd Purchase ISHARES MSCI EAFE INDEX FUND-63,035.0009-03-19 09-05-19 wd Purchase ISHARES CORE S&P MIDCAP 400 ETF-79,009.9709-03-19 09-05-19 wd Purchase ISHARES S&P SMALLCAP 600 INDEX ETF-65,301.2509-03-19 09-03-19 dp Interest WF ADV GOVT MM FD-INSTL #17512,419.5209-03-19 09-03-19 dp Interest AT&T INC 3,187.506.375% Due 03-01-4109-03-19 09-03-19 dp Transfer from CASH RECEIVABLE 4,593.7509-03-19 09-03-19 dp Transfer from CASH RECEIVABLE 5,000.0009-04-19 09-05-19 dp Sale US TREASURY NOTES 273,227.541.125% Due 07-31-2109-04-19 09-05-19 dp Accrued Interest US TREASURY NOTES 302.651.125% Due 07-31-21Page 164 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 09-01-19 To 09-30-19Trade Settle TranDate Date Code Activity Security Amount09-09-19 09-09-19 dp Sale FHLB 200,000.003.625% Due 03-19-2709-09-19 09-09-19 dp Interest FHLB 3,423.613.625% Due 03-19-2709-09-19 09-09-19 dp Interest WELLS FARGO & COMPANY 1,650.003.300% Due 09-09-2409-10-19 09-11-19 wd Purchase US TREASURY NOTES -201,312.502.000% Due 08-31-2109-10-19 09-11-19 wd Accrued Interest US TREASURY NOTES -120.882.000% Due 08-31-2109-15-19 09-16-19 dp Paydown FHLMC POOL G14203 497.704.000% Due 04-01-2609-15-19 09-16-19 dp Paydown FG POOL G16255 2,943.402.500% Due 07-01-3209-15-19 09-16-19 dp Paydown FG POOL G08722 6,889.623.500% Due 09-01-4609-15-19 09-16-19 dp Paydown FG POOL C91270 1,644.764.500% Due 10-01-2909-15-19 09-16-19 dp Paydown FG POOL J30401 1,393.643.000% Due 01-01-3009-15-19 09-16-19 dp Paydown FG POOL V80057 2,443.013.000% Due 05-01-4309-15-19 09-16-19 dp Paydown FG G61893 1,654.953.000% Due 07-01-4709-16-19 09-16-19 dp Interest AVALONBAY COMMUNITIES 1,425.002.850% Due 03-15-2309-16-19 09-16-19 dp Interest FHLMC POOL G14203 62.014.000% Due 04-01-2609-16-19 09-16-19 dp Interest FG POOL G16255 298.592.500% Due 07-01-32Page 165 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 09-01-19 To 09-30-19Trade Settle TranDate Date Code Activity Security Amount09-16-19 09-16-19 dp Interest FG POOL G08722 935.383.500% Due 09-01-4609-16-19 09-16-19 dp Interest FG POOL C91270 533.824.500% Due 10-01-2909-16-19 09-16-19 dp Interest FG POOL J30401 349.853.000% Due 01-01-3009-16-19 09-16-19 dp Interest FG POOL V80057 615.033.000% Due 05-01-4309-16-19 09-16-19 dp Interest FG G61893 354.983.000% Due 07-01-4709-20-19 09-20-19 wd Withdrawal from Portfolio -362.5209-25-19 09-25-19 dp Interest FN POOL AJ1405 1,319.094.000% Due 09-01-4109-25-19 09-25-19 dp Paydown FN POOL AJ1405 8,763.624.000% Due 09-01-4109-25-19 09-25-19 dp Paydown FN POOL AT2324 2,729.963.000% Due 05-01-4309-25-19 09-25-19 dp Interest FN POOL AT2324 446.533.000% Due 05-01-4309-25-19 09-25-19 dp Interest FN AS8483 256.813.000% Due 12-01-4609-25-19 09-25-19 dp Paydown FN AS8483 1,092.633.000% Due 12-01-4609-25-19 09-25-19 dp Paydown FN POOL AS8810 7,502.963.500% Due 02-01-4709-25-19 09-25-19 dp Interest FN POOL AS8810 1,763.533.500% Due 02-01-4709-25-19 09-25-19 dp Interest FN POOL AL3180 434.663.000% Due 01-01-4309-25-19 09-25-19 dp Paydown FN POOL AL3180 488.793.000% Due 01-01-43Page 166 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 09-01-19 To 09-30-19Trade Settle TranDate Date Code Activity Security Amount09-25-19 09-25-19 dp Paydown FN POOL BD2453 1,400.523.000% Due 01-01-4709-25-19 09-25-19 dp Interest FN POOL BD2453 275.953.000% Due 01-01-4709-25-19 09-25-19 dp Interest FNCL POOL 995373 529.554.500% Due 02-01-3909-25-19 09-25-19 dp Paydown FNCL POOL 995373 2,050.844.500% Due 02-01-3909-25-19 09-25-19 dp Paydown FN POOL MA2930 6,671.274.000% Due 03-01-4709-25-19 09-25-19 dp Interest FN POOL MA2930 764.014.000% Due 03-01-4709-25-19 09-25-19 dp Interest FN MA3305 586.833.500% Due 03-01-4809-25-19 09-25-19 dp Paydown FN MA3305 3,105.803.500% Due 03-01-4809-25-19 09-25-19 dp Paydown FN POOL MA3638 3,280.124.000% Due 04-01-4909-25-19 09-25-19 dp Interest FN POOL MA3638 318.534.000% Due 04-01-4909-26-19 09-26-19 dp Dividend FLEXSHAR STX GLOBAL BROAD INF ETF5,112.1909-26-19 09-26-19 dp Dividend FLEXSHARES QUAL DIV ETF 4,734.4309-27-19 09-27-19 dp Dividend JPMORGAN BETABUILDERS MSCI US REIT ETF2,814.7609-30-19 09-30-19 dp Dividend ISHARES CORE S&P MIDCAP 400 ETF12,817.9609-30-19 09-30-19 dp Dividend ISHARES S&P SMALLCAP 600 INDEX ETF5,301.51Page 167 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 09-01-19 To 09-30-19Trade Settle TranDate Date Code Activity Security Amount09-30-19 09-30-19 dp Dividend ISHARES MSCI USA MIN VOLATILITY ETF2,524.4209-30-19 Ending Balance 1,558,479.57DIVIDEND ACCRUAL09-01-19 Beginning Balance 0.0009-20-19 10-31-19 dp Dividend SPDR S&P 500 ETF 19,854.9309-30-19 Ending Balance 19,854.93Page 168 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISAL sort by CUSIPCITY OF KENAI PERMANENT FUNDSSeptember 30, 2019Unit Total Market Accrued AnnualCusip9 Original Face Quantity Security Cost Cost Price Value Interest IncomeFNMA & FHLMC3128MC3L7 256,397.0000 18,103.9900 FHLMC POOL G14203 104.562501 18,929.98 104.30000 18,882.46 60.35 724.163128MFE46 190,000.0000 140,378.9400 FG POOL G16255 99.703123 139,962.19 101.35900 142,286.69 292.46 3,509.473128MJYU8 477,000.0000 313,812.2600 FG POOL G08722 102.085937 320,358.19 104.06000326,553.04 915.29 10,983.433128P7MT7 2,000,000.0000 140,706.0000 FG POOL C91270 105.671877 148,686.67 106.66400150,082.65 527.65 6,331.7731307LNS3 301,000.0000 138,546.0500 FG POOL J30401 101.296875 140,342.82 103.24200143,037.71 346.37 4,156.383132L5B28 450,000.0000 243,568.4100 FG POOL V80057 100.234376 244,139.28 103.53800252,185.86 608.92 7,307.0531335CC69 150,000.0000 140,338.0400 FG G61893 101.140626 141,938.77 102.48200 143,821.23 350.85 4,210.143138ASR38 1,500,000.0000 386,962.6600 FN POOL AJ1405 104.484375 404,315.52 106.80500 413,295.47 1,289.88 15,478.513138EKRA5 374,582.0000 175,883.6600 FN POOL AT2324 100.203126 176,240.92 103.04500181,239.32 439.71 5,276.513138WJM96 125,000.0000 101,631.4100 FN AS8483 102.953126 104,632.71 102.42900 104,100.04 254.08 3,048.943138WJYG7 783,285.0000 597,137.4900 FN POOL AS8810102.039062 609,313.49 103.68400 619,136.04 1,741.65 20,899.813138WPSN5 335,507.0000 173,375.3100 FN POOL AL3180 100.203125 173,727.48 103.04900178,661.52 433.44 5,201.263140F9WP6 139,000.0000 108,977.5700 FN POOL BD2453 99.890625 108,858.38 102.86200 112,096.51 272.44 3,269.3331416BXA1 4,000,000.0000 139,162.7600 FNCL POOL 995373 106.718781 148,512.80 108.19100150,561.58 521.86 6,262.3231418CHG2 148,000.0000 222,531.4800 FN POOL MA2930103.562500 230,459.16 104.90300 233,442.20 741.77 8,901.2631418CU77 225,000.0000 198,094.5000 FN MA3305 103.015627 204,068.29 103.52800 205,083.27 577.78 6,933.3131418DBG6 101,000.0000 92,279.1600 FN POOL MA3638103.093756 95,134.05 103.67000 95,665.81 307.60 3,691.17Accrued I9,682.073,409,620.71 3,479,813.46 9,682.07 116,184.82CORPORATE BONDS001055AL6 100,000.0000 100,000.0000 AFLAC INC 104.975000 104,975.00 105.31200 105,312.00 1,067.36 3,625.0000206RDG4 100,000.0000 100,000.0000 AT&T INC 119.320000 119,320.00 128.74300 128,743.00 531.25 6,375.0000287YAL3 100,000.0000 100,000.0000 ABBVIE INC 101.307000 101,307.00 101.91700 101,917.00 1,168.06 2,900.0005348EAR0 100,000.0000 100,000.0000 AVALONBAY COMMUNITIES 100.816000 100,816.00 102.39300102,393.00 126.67 2,850.0006051GGG8 100,000.0000 100,000.0000 BANK OF AMERICA CORP 106.308000 106,308.00 118.63500118,635.00 876.26 4,443.0006406FAD5 200,000.0000 200,000.0000 BANK OF NEW YORK MELLON 97.833000 195,666.00 100.34600200,692.00 550.00 4,400.00172967KG5 150,000.0000 150,000.0000 CITIGROUP INC101.647000 152,470.50 106.19200 159,288.00 1,217.92 5,550.0029250NAR6 100,000.0000 100,000.0000 ENBRIDGE INC101.135000 101,135.00 106.11400 106,114.00 781.11 3,700.0038141GRD8 100,000.0000 100,000.0000 GOLDMAN SACHS GROUP INC 101.985000 101,985.00 103.99800 103,998.00 694.79 3,625.00437076BD3 100,000.0000 100,000.0000 HOME DEPOT INC115.627000 115,627.00 128.91200 128,912.00 622.92 4,875.0046625HJT8 200,000.0000 200,000.0000 JPMORGAN CHASE & CO 105.181000 210,362.00 106.54700 213,094.00 1,291.67 7,750.0049446RAU3 150,000.0000 150,000.0000 KIMCO REALTY CORP 94.918000 142,377.00 103.13300 154,699.50 825.00 4,950.0061746BDQ6 100,000.0000 100,000.0000 MORGAN STANLEY IND FINANCIAL S103.711000 103,711.00 106.38300 106,383.00 1,636.11 3,875.00761713BG0 150,000.0000 150,000.0000 REYNOLDS AMERICAN INC 108.467000 162,700.50 106.65500159,982.50 2,021.04 6,675.0094974BGA2 100,000.0000 100,000.0000 WELLS FARGO & COMPANY 99.882000 99,882.00 104.39300104,393.00 201.67 3,300.00Accrued I13,611.811,918,642.00 2,008,167.81 13,611.81 68,893.00DOMESTIC LARGE CAP EQUITY FUNDS/ETF33939L860 18,975.0000 18,975.0000 FLEXSHARES QUAL DIV ETF 40.785097 773,897.21 45.44000 862,224.00 0.0046429B697 8,800.0000 8,800.0000 ISHARES MSCI USA MIN VOLATILIT61.680000 542,784.00 64.10000 564,080.00 0.0078462F103 14,350.0000 14,350.0000 SPDR S&P 500 ETF142.479989 2,044,587.84 296.77000 4,258,649.50 0.003,361,269.05 5,684,953.50 0.00Page 169 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISAL sort by CUSIPCITY OF KENAI PERMANENT FUNDSSeptember 30, 2019Unit Total Market Accrued AnnualCusip9 Original Face Quantity Security Cost Cost Price Value Interest IncomeDOMESTIC MID CAP EQUITY FUNDS/ETF464287507 14,935.0000 14,935.0000 ISHARES CORE S&P MIDCAP 400 ET76.193349 1,137,947.66 193.230002,885,890.05 0.00DOMESTIC SMALL CAP EQUITY FUNDS/ETF464287804 18,575.0000 18,575.0000 ISHARES S&P SMALLCAP 600 INDEX37.206038 691,102.16 77.84000 1,445,878.00 0.00INTERNATIONAL EQUITY FUNDS/ETF464287465 22,325.0000 22,325.0000 ISHARES MSCI EAFE INDEX FUND61.740599 1,378,358.87 65.21000 1,455,813.25 0.0046432F842 23,785.0000 23,785.0000 ISHARES ETF CORE MSCI EAFE 51.860820 1,233,509.61 61.07000 1,452,549.95 0.002,611,868.48 2,908,363.20 0.00EMERGING MARKET FUNDS/ETF46434G103 29,220.0000 29,220.0000 ISHARES ETF CORE MSCI EMERGING42.358113 1,237,704.05 49.02000 1,432,364.40 0.00REAL ESTATE & INFRASTRUCTURE33939L795 16,625.0000 16,625.0000 FLEXSHAR STX GLOBAL BROAD INF 49.490000 822,771.25 51.74000 860,177.50 0.0046641Q738 6,500.0000 6,500.0000 JPMORGAN BETABUILDERS MSCI US 76.554600 497,604.90 90.07000 585,455.00 0.001,320,376.15 1,445,632.50 0.00U.S. TREASURY 912810QD3 170,000.0000 170,000.0000 US TREASURY NOTES 128.876376 219,089.84 140.27700 238,470.90 2,809.27 7,437.50912810SH2 600,000.0000 600,000.0000 US TREASURY NOTES 102.981445 617,888.67 116.62900 699,774.00 6,515.62 17,250.009128283F5 190,000.0000 190,000.0000 US TREASURY NOTES 95.289063 181,049.22 104.60600 198,751.40 1,614.74 4,275.009128283W8 220,000.0000 220,000.0000 US TREASURY NOTES 98.738636 217,225.00 108.57000 238,854.00 772.69 6,050.009128284A5 350,000.0000 350,000.0000 US TREASURY NOTES 99.718751 349,015.63 103.45700 362,099.50 782.45 9,187.509128285M8 300,000.0000 300,000.0000 US TREASURY NOTES 102.380210 307,140.63 112.26600 336,798.00 3,541.10 9,375.009128286B1 495,000.0000 495,000.0000 US TREASURY NOTES 100.690737 498,419.15 108.23100 535,743.45 1,659.53 12,993.759128286F2 400,000.0000 400,000.0000 US TREASURY NOTES 99.753551 399,014.20 105.36300 421,452.00 851.65 10,000.00912828D56 250,000.0000 250,000.0000 US TREASURY NOTES 100.226562 250,566.40 103.72700259,317.50 758.32 5,937.50912828D72 200,000.0000 200,000.0000 US TREASURY NOTES 100.656250 201,312.50 100.61700201,234.00 340.66 4,000.00912828R36 200,000.0000 200,000.0000 US TREASURY NOTES 95.634709 191,269.42 100.04700 200,094.00 1,227.58 3,250.00912828S76 25,000.0000 25,000.0000 US TREASURY NOTES98.593750 24,648.44 99.00400 24,751.00 47.38 281.25912828T91 150,000.0000 150,000.0000 US TREASURY NOTES 99.406253 149,109.38 100.21500 150,322.50 1,020.04 2,437.50912828U24 250,000.0000 250,000.0000 US TREASURY NOTES 95.257812 238,144.53 102.55100 256,377.50 1,888.59 5,000.00912828U81 170,000.0000 170,000.0000 US TREASURY NOTES 101.310269 172,227.46 100.81300171,382.10 859.24 3,400.00912828V72 250,000.0000 250,000.0000 US TREASURY NOTES 100.085940 250,214.85 100.55500251,387.50 789.74 4,687.50912828WR7 300,000.0000 300,000.0000 US TREASURY NOTES 99.335939 298,007.82 100.74200 302,226.00 1,611.07 6,375.00912828XG0 325,000.0000 325,000.0000 US TREASURY NOTES 97.121094 315,643.56 101.44900 329,709.25 1,745.33 6,906.25912828XZ8 150,000.0000 150,000.0000 US TREASURY NOTES 99.707033 149,560.55 106.27700 159,415.50 1,042.46 4,125.00Accrued I29,877.485,029,547.24 5,368,037.58 29,877.48 122,968.75AGENCIES3130ACNX8 250,000.0000 250,000.0000 FEDERAL HOME LOAN BANK - STEP 99.850000 249,625.00 99.93600 249,840.00 1,888.89 5,000.00Accrued I1,888.89249,625.00 251,728.89 1,888.89 5,000.00Page 170 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISAL sort by CUSIPCITY OF KENAI PERMANENT FUNDSSeptember 30, 2019Unit Total Market Accrued AnnualCusip9 Original Face Quantity Security Cost Cost Price Value Interest IncomeCASH AND EQUIVALENTSDIVIDEND ACCRUAL 19,854.93 19,854.93 0.00VP4560000 WF ADV GOVT MM FD-INSTL #1751 1,558,479.57 1,558,479.57 0.001,578,334.50 1,578,334.50 0.00TOTAL PORTFOLIO22,546,037.01 28,489,163.88 55,060.25 313,046.57Page 171 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: October 14, 2019 SUBJECT: 2019 Personal Use Fishery (Dip Net) Report The Personal Use Fishery took place July 10, 2019 through July 31, 2019. Sockeye escapement to the Kenai River in 2019 was the largest since 2006, and participation in the Fishery increased significantly compared to the previous two years. The following table depicts the run strength in 2019 relative to the previous three years: 0 20,000 40,000 60,000 80,000 100,000 120,000Kenai River Sockeye Counts 2016 2017 2018 2019 Page 172 Page 2 of 4 2019 Personal Use Fishery Report The timing of the 2019 Personal Use Fishery sockeye run trended similarly with historical run timing -- a change from recent years when the peak of the Fishery appeared later than what has been experienced historically. Due to favorable escapement numbers, Fishery participants reported consistently good fishing. Operations in 2019 The no-wake zone along approximately 6,000 lineal feet of the Kenai River continued to work extremely well this year from the first day of the Fishery until the last. Fishery participants expressed their appreciation for having a portion of the River in which to fish and not be buffeted by the wake from speeding boats. It is the Administration’s intent to continue to manage the no-wake zone in the same manner in the future. In previous years, the entrance to the south shore via Old Cannery Road was closed through a temporary section-line access closure permit issued to the City by the Alaska Department of Natural Resources. That section line has now been permanently vacated. Operational Changes in 2019 There were no significant operational changes that occurred in 2019 although one small change is worth noting: • The entrance to North Beach was improved, widening the access point to allow for safer and easier access for participants and installing permanent power and communications. Construction of a New Access to the Beach South of the Mouth of the Kenai River As a component of eliminating conflicts with private property owners and providing enhanced access for the Personal Use Fishery and other recreational users, the City approached the Legislature late in the 2013 session and requested $2.3 million to fund construction of a new access road and associated infrastructure. The Legislature appropriated $1.9 million for the project. This access would be constructed to the north of private properties in the area and eliminate alleged trespass issues across private property by Fishery participants and others attempting to access the south shore at the mouth of the Kenai River. The City purchased property and constructed phase I (gravel surfacing) of the new Royal Street access road in early 2016. The City completed the sale of the surplus properties in 2018 for $825,000. Initially, the proceeds from that sale could be utilized for additional infrastructure improvements to support the Personal Use Fishery on South Beach only. However, during the 2019 State Legislative Session, the grant language was modified to allow infrastructure improvements on both the North and South Beach. Administration is working on a prioritized list of projects and will be forwarding those projects to Council this winter for consideration. Dip Net App In 2018, the City built a Dip Net App for iPhone and Android devices, free to download, that provided up-to-date information on the Fishery, including tide information, fish counts, weather, fee calculators, general Fishery information, webcams, and additional information that was relevant and useful for Fishery participants. The App also allowed the City to provide “push Page 173 Page 3 of 4 2019 Personal Use Fishery Report notifications”, with timely information to help improve the experience and safety for anyone that downloaded the App. The City provided an opportunity for businesses to advertise on the App, an inexpensive way for them to gain exposure to the thousands of Fishery participants. The use of the App was down this year, likely due to lower participation numbers in the Fishery. Over the last two years, the App has been downloaded over 12,500 times. The City intends to continually improve the App in future years. 2019 Financial Summary The Council-adopted budget for the P.U. Fishery included revenues of $437,562, expenditures of $499,035, and a lapse of $18,722, netting to revenues under expenditures of ($42,751). Revenues are projected at $416,656, and projected expenses are $369,750, netting to revenues under expenditures of ($3,094). For the second time, a transfer of $50,000 was made from the P.U. Fishery Fund to the General Fund to support general operations of the City. The P.U. Fishery Fund began FY2019 with a fund balance of $198,794. Given the above, the ending fund balance for FY2020 is projected to be $195,700. The purpose of a fund balance is to provide funding for present and future capital expenditures to support City operations during the Fishery, and to safeguard the City’s General Fund in the event that the Fishery is closed by emergency order and the City is unable to recoup expenditures. Personal Use Fishery Fund Management Prior to FY2014, the City had instituted accounting controls so that expenses and revenues associated with the Personal Use Fishery were identified as discretely separate from other City operations. In many ways, this accounting mirrored the manner in which enterprise funds capture financial information. The creation of the P.U. Fishery Fund, provides a funding mechanism where Fund balance can be utilized to provide funding for larger one-time capital expenditures or other purposes deemed appropriate by the Council. Fund balance for FY2014 through FY2019 was $29,063, $67,662, $139,936, $209,896, 293,894, and $198,794 respectively. The ending Fund balance for FY 2020 is projected to be $195,700. Administration believes that the Personal Use Fishery Fund balance is sufficient to support capital expenditures to support City operations during the Fishery and protect the City’s General Fund. The continued use of revenues generated from the Fishery to support General Fund capital projects or operations will need to be considered annually during the budget process. Capital Improvements for the Personal Use Fishery Fund As the Fishery has evolved, the City of Kenai has responded by creating its overall management plan. A growing component of that plan has been meeting the capital requirements to manage, react, and respond to the needs of the Fishery participants. Page 174 Page 4 of 4 2019 Personal Use Fishery Report The City received a capital grant in 2015 for Kenai River South Beach Dip Net Access, of which there is still a balance of $786,210. During the 2019 legislative session, a grant language change was made that allows the utilization of these funds for improvements on the North Beach as well. Given the State of Alaska’s fiscal issues, it is doubtful that the City of Kenai will receive additional State grants for capital improvements to respond to Fishery needs in the foreseeable future. Proposed Changes to the 2020 Fee Structure Administration does not recommend any changes to the fee structure for the 2020 Personal Use Fishery. If you have any questions, please contact me at your convenience. Page 175 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: October 3, 2019 SUBJECT: 2019 Dipnet Summary Dipnet Smartphone App 2019 marked the third year of the Dipnet Kenai smartphone app. Use of the app was down 14% this year, which is confusing given the 15% increase in total transactions. This was also the first year without any advertisers on the app. Improvements During FY19 underground utilities were installed on Spruce St. This project was fairly simple, and has improved the reliability of shack operations and reduced the time for setup and removal of fee stations. FY20 Revenues The FY20 fee structure remained the same as that of FY19. FY20 fishery revenues, not including capital grant revenues and net of sales tax and transaction fees, are projected to be $411,737, $20,438 less than budgeted and $59,893 more than FY19 fishery revenues. Capital grant revenue is projected to be $786,210. A comparison of FY20 fishery revenue to prior years is shown below, the breakdown by site and service for FY14 thru FY20 is based upon actual transactions. Prior year transactions by site and service were estimated. The cashiering system implemented in FY14 provides this level of detail and will enhance future revenue and fee change projections. FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 Projected South Beach $127,265 $157,074 $189,226 $174,260 $175,439 $158,665 $93,448 $109,081 North Beach 148,481 177,599 226,221 234,140 253,218 234,298 157,293 185,125 City Dock 86,342 105,899 117,064 146,599 142,901 123,612 101,104 117,531 Interest - - 680 1,580 671 1,522 7,624 750 PERS On-behalf - - 17,437 2,167 2,688 1,546 2,743 4,169 Capital Grants 111,073 233,107 92,043 24,494 21,725 46,920 5,770 786,210 Total $473,161 $673,679 $642,671 $583,240 $596,642 $566,563 $367,982 $1,202,866 Page 176 Total transactions this year were up 15% from 2018. Transactions are still down 16% from the 5- year average. Transaction levels at the individual locations didn't change significantly, with north beach generating about 50% of all transactions, and the dock and south beach each generating 25% each. Participant numbers were up 28% over the previous year. The percentages of participants from different regions didn't vary significantly from previous years. $(75,000) $25,000 $125,000 $225,000 $325,000 $425,000 $525,000 $625,000 $725,000 $825,000 $925,000 $1,025,000 $1,125,000 $1,225,000 Dipnet Revenue South Beach North Beach City Dock Interest PERS On-behalf Capital Grants Total Municipality of Anchorage 51% Matanuska-Susitna Borough 13% Other State or Unknown 12%Other Area of Alaska 4% Kenai 8% Soldotna 7% Homer 1% Sterling 1% Other KPB 3% Kenai Peninsula 20% Total Transactions Page 177 Two operational changes were implemented in 2019, both successfully. On south beach, the second fee shack was not staffed. This didn't create significant congestion, and as such it is recommended that in future years only one shack be deployed. The second change was a modification to the software. In past years the busiest time was always between 12:00pm and 1:00pm. This is because anyone who wanted to renew their permit had to wait until after 12:00pm to do so. For 2019 the software was changed to allow users to renew their permits at any time. As a result, the busiest time is now between 5:00am and 6:00am. This is due to day use permits only being available after 5:00am. Payment of fees by cash was once again the dominant method at 58%, a 1% decrease from last year. Credit card use increased by 1% to 42%, and checks were insignificant. It is expected that credit card payment percentage will continue to grow in future years. Fees paid for credit card acceptance totaled $4,450 or 2.40%. In 2018 a comparison of transactions to the cumulative fish count on July 31st seemed to indicate a correlation between number of fish and number of transactions. However, in 2019 the cumulative fish count was up 36% from the 5-year average and transaction numbers were down 16% from the 5-year average. For a year with the most fish in two decades, our transaction numbers were the second lowest ever recorded. The most recent year with a higher cumulative fish count as of July 31st was in 1992 with a cumulative count of 1,211,907. 2014 2015 2016 2017 2018 2019 Total Transactions 22,542 24,878 22,338 20,068 14,283 16,434 Cumulative Fish Count 892,678 890,629 911,929 747,349 452,747 1,124,076 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 - 5,000 10,000 15,000 20,000 25,000 30,000 Cumulative Fish Count Through July 31Number of TransactionsTransactions Vs. Fish Count Page 178 FY20 Projected Expenditures $786,210 remains in a State of Alaska Department of Commerce Community and Economic Development grant. The City successfully, with the assistance of Representative Knopp, secured a change in scope making improvements on either the City’s north or south beach eligible. It is anticipated these grant funds will be expended in FY2020 and the administration is currently formulating and ranking projects for Council’s consideration and final approval. Council * Adopted Amended YTD FY2019 Projected % FY 2020 Budget Actual Projected Variance Available Revenues Beach Parking 146,460$ 146,460$ 144,330$ 144,330$ (2,130)$ -1.45% Beach Camping 170,100 170,100 149,788 149,788 (20,312) -11.94% Dock Launch & Park 101,600 101,600 105,635 105,635 4,035 3.97% Dock Parking Only 10,800 10,800 11,736 11,736 936 8.67% Participant Drop-off Fee 6,715 6,715 4,698 4,698 (2,017) -30.04% Interest Earnings 750 750 - 750 - 0.00% PERS Grant 4,637 4,637 - 4,169 (468) -10.09% Other - - - - - 0.00% Credit Card Transaction Fees (3,500) (3,500) (4,450) (4,450) (950) 0.00% Total Revenue 437,562 437,562 411,737 416,656 (20,906) -4.78% Expenditures Public Safety 88,051$ 88,051$ 74,148$ 80,160$ 7,891$ 100.00% Streets 55,235 55,235 26,698 30,512 24,723 100.00% Boating Facility 64,161 64,161 47,350 52,611 11,550 100.00% Parks, Recreation & Beautification 245,088 245,088 175,497 206,467 38,621 100.00% Total Expenditures 452,535 452,535 323,693 369,750 82,785 18.29% Transfers - Transfer to General Fund 50,000 50,000 50,000 50,000 - 0.00% Total Expenditures & Transfers 502,535 502,535 373,693 419,750 82,785 16.47% Contribution To/(From) Fund Balance:(64,973) (64,973) 38,044 (3,094) 61,879 Projected Lapse (18,722) (18,722) - - (18,722) Adjusted (Deficit)/Surplus (46,251) (46,251) 38,044 (3,094) 43,157 Beginning Fund Balance 169,622 198,794 198,794 198,794 Ending Fund Balance 123,371$ 152,543$ 236,838$ 195,700$ Page 179 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 FY14 FY15 FY16 FY17 FY18 FY19 FY20 Estimated Expenditures Total Expenditures Operating Expenses Capital Projects Page 180 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Robert J. Frates, Parks & Recreation DATE: October 2, 2019 SUBJECT: 2019 Dipnet Report ____________________________________________________________________________ The 2019 Kenai Personal Use Fishery opened July 10 and closed as scheduled on July 31 at 11:59 p.m. The fishery was liberalized by the Alaska Department of Fish & Game (ADF&G) on the week of July 22 to twenty-four hours per day. There were a few operational changes this year for the department: 1) The City’s IT System Manager, Dan Castimore, supervised shack personnel and adjustments were made to the staffing schedule that maximized time and resources; 2) W e eliminated one of two temporary beach aid positions. Coverage on the north and south beach was provided on a rotational basis with location sometimes dictated by need. 3) We also reduced the frequency the beaches were raked based on observations from previous years; and, 4) Modifications were made to the dumpster and portable toilet bid to reflect more accurately actual expenses. The following summarizes the department’s most notable contributions and highlights: • Reinstalled approximately 800 LF of wooden post and chain. • Assisted ADF&G for placement of informational booth on the north beach. • Collaborated with IT System Manager Castimore for fee shack staffing assignments; delivering materials and supplies throughout the fishery. • Installation and removal of temporary signs and fencing. • Striped the Kenai Little League parking lot. • Assisted with the placement of portable restrooms and dumpsters. • Conducted beach raking activities on the north and south beach. • Collaborated with the KCHS ski team for twice per week clean-up of the north beach. Page 181 Page 2 of 2 2019 Personal Use Fishery Report – Parks & Recreation • Provided restroom cleaning and waste management services to the north and south beaches, including the dock facility. • Communicated with vendors assigned to handling portable toilets and waste management. • A total of 44 hours were spent raking the beaches, 241 hours patrolling the north and south beaches, 86 hours performing waste management and restroom cleaning, 85.50 hours installing and removing various signs and 85 hours performing beach cleanup on August 1, 2019. SPECIFIC OBSERVATIONS 1) It was suggested that an educational sign be made and installed on the north beach highlighting why the bluff is important and explaining the damage caused by climbing the bluff. 2) This is the second season parking permits were mailed to residents off South Forest Drive and “No Parking” signs installed along the roadways. It was noted that the department did not field any complaints regarding parking in this neighborhood. 3) The Dipnet App continues to be a valuable resource, both for the public and staff. In many instances callers can be referred to the app, thus, saving time. The camera feature continues to be a big hit with many positive comments noted. ESTIMATED REMAINING FY20 FUNDING 1) Wages/Benefits Sufficient funding remains in FY20 to cover personal use fishery expenses related to personnel costs. 2) Operating Supplies Sufficient funding remains in FY20 for anticipated expenses. These expenses would be related to replacing some of the old plastic fencing, acquiring more T-Posts, and the purchase of more sign sleeves and rivets. 3) Printing & Binding Sufficient funding remains in the FY20 printing/binding account. It is anticipated that $2,500 will be needed for labels, ribbon and door hangers. Page 182 MEMORANDUM TO: Paul Ostrander, City Manager FROM: Dave Ross, Police Chief DATE: 9-12-2019 SUBJECT: 2019 Personal Use Fishery (Dipnet) Report - Police The 2019 Dipnet fishery opened on July 10 and ended as scheduled on July 31. In 2019, the City employed five Temporary Enforcement Officers (TEOs) dedicated to Police Dipnet operations, however one was unable to complete the season due to an injury. Significant 2019 Police Dipnet information includes: - Police handled 71 Dipnet-related calls for service during the month of July. Those calls included a wide variety of issues: 17 (9-1-1) misdials, 1 parking problems, 4 traffic congestion, 1 motor vehicle crash, 1 theft, 8 lost & found property, 2 welfare checks, 2 traffic offenses, 5 disorderly complaints, 1 boat collision, 4 lost children, 4 animal problems,4 campfire / burn ban issues, and 17 other miscellaneous calls for service. - TEOs wrote 62 dipnet related citations (primarily for paid parking and other parking related violations). - Salmon Frenzy volunteers were here in large numbers again and provided invaluable assistance in regards to traffic control during the busy weekend hours, on both Kenai Ave. and at the City Dock. - An increased presence of Alaska Wildlife Troopers enforcing fishing regulations was noticed this year. - Signage and fencing placed on the South beach by PRL proved valuable in keeping fishery participants out of the dunes. Police resources this year were focused away from the fishery on a double homicide unrelated to the Fishery, and most police related issues in the fishery were well handled by TEOs. Page 183 MEMORANDUM TO: Paul Ostrander, City Manager FROM: Jeff Tucker, Fire Chief DATE: September 6, 2019 SUBJECT: 2019 Personal Use Fishery (Dipnet) Activity Report For the 2019 dip-net season the department again conducted No Wake Zone patrols in conjunction with the Kenai Police Department. Our activities on the water were received positively by the public. Total overtime staff hours for the patrols was 12.00 hours. Calls for service directly related to the area of the fishery was down from 2018. In 2018 we responded to 2 calls for service and in 2019 we responded to 1 call for service The call for service directly related to the dip-net fishery this year included the following: • Syncopal Episode – North Beach The Departments overall calls for service in July saw an uptick from the previous year and this can be largely accounted for by the department’s assistance at the Swan Lake Fire. 108 147 155 140 128 140 81 107 121 97 91 92 2014 2015 2016 2017 2018 2019 July Calls for Service Total Calls EMS Calls Page 184 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: NOVEMBER 6, 2019 VENDOR DESCRIPTION DEPT. ALASKA LIBRARY NETWORK ANNUAL COST OF LIBRARY CATALOG LIBRARY PUBLIC SAFETY CAP CDW GOVERNMENT CAMERA EQUIP & LICENSING PROJ ALASKA SURE SEAL SNOWPLOWING/SANDING CONG HOUSING KENAI PENINSULA BOROUGH 2019 ELECTION COSTS CLERK KENAI WATERSHED FORUM KENAI RIVER BACTERIA MONITORING RECREATION DOORS & WINDOWS CITY HALL ENTRY DOOR REPAIR BUILDINGS DOORS & WINDOWS SENIOR CENTER DOOR REPAIR BUILDINGS KENAI CHAMBER OF COMMERCE FIREWORKS SPONSORSHIP LEGISLATIVE PENI NSULA PAVING TWILIGHT WAY PAVEMENT REPAIR WATER HANSON'S ROOFING REC CENTER ROOF REPAIR REC CENTER CAP PROF NORRIS & SONS CONTRACTORS GRAVEL RECREATION ACCOUNT AMOUNT REPAIR & MAINT. 3,740.00 CONSTRUCTION 6 ,970.81 PROFESSIONAL SERVICES 3 ,187.50 VARIOUS 2 ,941 .88 PROFESSIONAL SERVICES 10,777.00 REPAIR & MAINT. 5 ,635.00 REPAIR & MAINT. 4 ,575.00 GRANTS TO AGENCIES 3 ,500.00 REPAIR & MAINT. 3 ,200 .00 CONSTRUCTION 9 ,315 .00 OPERATING SUPPLIES 3,960.00 Page 185 Page 186 “The mission of the Council is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet.” Cook Inlet Regional Citizens Advisory Council * 8195 Kenai Spur Hwy, Kenai, AK 99611 -8033 Phone: (907) 283-7222 * Fax (907) 283-6102 www.circac.org October 25, 2019 STATE INITIATIVE PUTS ALASKA’S COASTAL COMMUNITIES, CONSUMERS AT RISK By Michael Munger, Executive Director, Cook Inlet Regional Citizens Advisory Council Thirty years ago, the 1989 Exxon Valdez oil spill forever changed our relationship with Alaska's oil production and transportation industries. Devastated by the enormity of the spill, the resulting suffering and long term consequences—many of which we still feel today—Alaskans recognized that we had to work together in order to protect ourselves and our communities. Acting as stewards, citizens worked with regulatory agencies, industry, and resource trustee agencies in good faith to develop regulations that recognized and sought to minimize the inherent risks of transporting oil across state waters. Working together, we wrote and passed Alaska's spill prevention and response regulations which are, today, widely considered the best in the country, if not the world. That well-deserved reputation is now under threat. An effort is underway that could strip away Alaska's oil spill safeguards, which have proven so successful for so many years. The State of Alaska has opened for review about 40 sections of regulations, and their governing statutes, that cover numerous aspects of spill prevention and response planning for crude oil terminals, tankers, oil and gas exploration and production facilities, and pipelines. In announcing the review, the commissioner of the Alaska Department of Environmental Conservation stated: “I’ve heard from many Alaskans that contingency plans are unnecessarily burdensome while lacking corresponding environmental benefits.” The goal of the State’s review is simple: to make our regulations less burdensome to industry. The message the State is sending to Alaskans is clear: the long-term health of Alaska's coastal communities is secondary to the oil industry’s bottom line. This course of action should alarm us all. Weakening or eliminating oil spill prevention and response requirements to ease a perceived "burden" on industry effectively transfers the risks of transporting oil onto the backs of communities, fishermen, subsistence users and citizens who depend on clean coastal waters. A great many people worked hard to establish a level of protection from oil spills which was nonexistent before March 24, 1989. Clearly, we have to marshal our Members Tourism Group Alaska Native Group Environmental Group Recreation Group Aquaculture Associations Commercial Fishing Group City of Kodiak City of Kenai City of Seldovia City of Homer Kodiak Island Borough Kenai Peninsula Borough Municipality of Anchorage Page 187 “The mission of the Council is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet.” Cook Inlet Regional Citizens Advisory Council * 8195 Kenai Spur Hwy, Kenai, AK 99611 -8033 Phone: (907) 283-7222 * Fax (907) 283-6102 www.circac.org forces again. To say now, after 30 years, the regulations are suddenly too burdensome is frustrating and warrants a strong response. Halting this initiative requires a concerted effort from all of us. Please join CIRCAC in sending a forceful message that Alaskans are not interested in weakening the well- crafted oil spill protections put in place since the Exxon Valdez. Alaskans are proud of our reputation as world leaders in oil spill prevention and response. We refuse to revert to the complacency of the past. Call your legislators, talk to your community's mayors, assembly and council members, your friends and neighbors, and ask them to oppose changes to Alaska's oil spill oversight laws and regulations. The deadline to comment is January 15, 2020. To submit comments to the Alaska Department of Environmental Conservation, click on http://alaskadec.commentinput.com/?id=fdLgJY2gM ------------------------------------------------------------------------------------------- About the Cook Inlet Regional Citizens Advisory Council: After the Exxon Valdez oil spill, Congress enacted the Oil Pollution Act of 1990 that included, among other things, citizen councils for both Cook Inlet and Prince William Sound. Congress found that complacency on the part of industry and regulators played a role in the spill and one way to combat this complacency was to involve the public, those with the most to lose in the event of a large spill, in decisions that impact the safe transportation of oil. The Cook Inlet Regional Citizens Advisory Council has been carrying out the vision of Congress for nearly 30 years in representing citizens to promote environmentally safe crude oil transportation and production in Cook Inlet. Page 188 NOVEMBER 6, 2019 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to item D.7. Resolution No. 2019-75 • Description Memo • Maps City Manager MEMORANDUM TO:Mayor Brian Gabriel and Kenai City Council THROUGH:Paul Ostrander, City Manager FROM:Elizabeth Appleby, City Planner DATE:November 6, 2019 SUBJECT: Laydown for Resolution No. 2019 - 75 – Awarding a Contract for City- Owned Lands Appraisal Services ____________________________________________________________________________ My memorandum dated October 29, 2019, regarding Resolution No. 2019-75 mentions maps of the 41 specific properties requiring appraisal to be included as an attachment. Those map attachments were inadvertently left out of my materials submitted for inclusion in the City Council packet for November 6, 2019. Please reference the two maps as a laydown that are the attachments referenced in my memorandum. 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CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3 . Agenda Approval Kenai City Council -Regular Meeting November 06, 2019 -6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www .kenai.city ACTION AGENDA 4. COUNCIL MEMBER MOLLOY ELECTED VICE MAYOR. Election of Vice Mayor 5. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No . 3092-2019 -Amending Kenai Municipal Code, Section 1.10.030-0rganization Meeting, to Provide thatthe Terms of Office of the Mayor and Other Councilmembers Shall Begin the Monday Following Certification of the Election. (City Clerk) 2. ENACTED UNANIMOUSLY. Ordinance No. 3093-2019 -Accepting and Appropriating a Grant From the U.S. Department of Homeland Security Passed through the State of Alaska Department of Military and Veterans' Affairs for the Purchase of a Fire Station Alerting System, an IT Security Audit, and Base Radio System Replacement for Dispatch. (Administration) Kenai City Council -Regular Meeting November 06 , 2019 Page 1of4 3. ENACTED UNANIMOUSLY. Ordinance No. 3094-2019 -Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. (Administration) 4 . ADOPTED UNANIMOUSLY. Resolution No. 2019-72-Authorizing the City to Join the Alaska Remote Seller Sales Tax Commission for the Purpose of Deve loping , Implementing, and Enforcing a Remote Seller Sales Tax Code and Designating a Commission Representative. (Administration) 5. ADOPTED UNANIMOUSLY. Resolution No. 2019-73 -Authorizing the City Manager to Recruit For and Hire an Additional Police Officer Position Based on Anticipated Attrition. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2019-74 -Declaring a Utility Easement Twenty Foot (20 ') Wide Between the Shared Lot Lines of Tract A , and Lots 4, 5, 6, Block 1, Bridge Road Subdivision Number 2 and Lot 7 A, Block 1, Bridge Road Subdivision Lockwood Addition as Set Forth on the Attached Exhibit "A " is Not Needed for a Public Purpose and Consenting to its Vacation . (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2019-75 -Awarding a Contract for City-Owned Lands Appraisal Services. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of October 16 , 2019. (City Clerk) 2. APPROVED BY THE CONSENT AGENDA. *Work Session Summary of October 16 , 2019 . (City Clerk) F. UNFINISHED BUSINESS 1. POSTPONED TO 12104119 FOR A SUBSTITUTE AND A SECOND PUBLIC HEARING. Resolution No. 2019-71 -Repealing Policy No . 2017-02, Supervisory Sub-Committee. (Council Member Knackstedt) [Clerk's Note : At its October 16 meeting Council postponed this item to the November 6 meeting; a motion to adopt is on the floor.] G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Bills to be Ratified. (Administration) 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Purchase Orders Over $15,000 . (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12104119. *Ordinance No. 3095-2019 -Increasing Estimated Revenues and Kenai City Counci l -Regular Meeting November 06, 2019 Page 2 of 4 Appropriations in the General Fund -Police Department and Accepting a Grant from the Department of Justice for the Purchase of Ballistic Vests . (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12104119. *Ordinance No. 3096-2019 -Determining that Real Property Described as Lot One (1), Aleyeska Subdivision Part 3, According to Plat No. 1531 and Lot One A ( 1-A), Aleyeska Subdivision Part 3, According to Plat K-1531, City-Owned Airport Land Located Outside the Airport Reserve , is not Needed for a Public Purpose and Authorizing the Sale of the Property to MITAK, LLC. (Administration) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 12104119. *Ordinance No. 3097-2019 -Increasing Estimated Revenues and Appropriations in the Terminal Improvements Capital Fund, and Authorizing an Increase to the Construction Purchase Order to Blazy Construction , Inc. (Administration) 6. APPROVED UNANIMOUSLY. Action/Approval -Authorize the Issuance of a Request for Proposals for Naming Rights of the Multi-purpose Facility. (Administration) 7. APPROVED UNANIMOUSLY. Action/Approval -Approving a Special Use Permit for Axtel Enterprises , LLC, to Conduct Fuel Reduction Activities on Tract A, Kenai Meadows, 2200 Redoubt Avenue, Parcel 03901065. (Administration) 8 . APPROVED UNANIMOUSLY. Action/Approval -Mayoral Nominations of Council Liaisons for Appointment to Committees and Commissions . (Mayo r Gabriel) 9. $500 GRANT APPROVED UNANIMOUSLY. Discussion/Action -Bridges Community Resource Network Mini-Grant Request for its Project Homeless Connect Event. (Mayor Gabriel) 10. Discussion -Personal Use Fishery Capital Improvement Projects . (Administration) H. COMMISSION I COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4 . Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR Kenai City Council -Regular Meeting November 06, 2019 Page 3 of 4 J. ADMINISTRATION REPORTS 1 . City Manager 2 . City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS N. ADJOURNMENT 0. INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 . 2. Utilities Collection Site -Public Comment 3. CIRCAC Comments on State of Alaska Oil Discharge Prevention and Contingency Plan Public Scoping The agenda and supporting documents are posted on the City's website at www. kenai. citv. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907-283-8231. Kenai City Council -Regular Meeting November 06, 2019 Page 4 of 4 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE NOVEMBER 6, 2019 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s) at the above-referenced meeting. 1. ENACTED UNANIMOUSLY. Ordinance No. 3092-2019 -Amending Kenai Municipal Code, Section 1.10.030 -Organization Meeting, to Provide that the Terms of Office of the Mayor and Other Councilmembers Shall Begin the Monday Following Certification of the Election . (City Clerk) 2 . ENACTED UNANIMOUSLY. Ordinance No. 3093-2019 -Accepting and Appropriating a Grant From the U.S. Department of Homeland Security Passed through the State of Alaska Department of Military and Veterans ' Affairs for the Purchase of a Fire Station Alerting System, an IT Security Audit, and Base Radio System Replacement for Dispatch. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3094-2019 -Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. (Administration) 4 . ADOPTED UNANIMOUSLY. Resolution No. 2019-72 -Authorizing the City to Join the Alaska Remote Seller Sales Tax Commission for the Purpose of Developing, Implementing, and Enforcing a Remote Seller Sales Tax Code and Designating a Commission Representative. (Administration) 5. ADOPTED UNANIMOUSLY. Resolution No. 2019-73 -Authorizing the City Manager to Recruit For and Hire an Additional Police Officer Position Based on Anticipated Attrition . (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2019-74 -Declaring a Utility Easement Twenty Foot (20') Wide Between the Shared Lot Lines of Tract A, and Lots 4, 5, 6, Block 1, Bridge Road Subdivision Number 2 and Lot 7 A, Block 1, Bridge Road Subdivision Lockwood Addition as Set Forth on the Attached Exhibit "A" is Not Needed for a Public Purpose and Consenting to its Vacation. (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2019-75 -Awarding a Contract for City-Owned Lands Appraisal Services . (Administration) NOTICE OF PUBLIC HEARING NOVEMBER 6, 2019 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will conduct a publ ic hearing on the following Ordinance(s) and/or Resolution(s) on the above-noted meeting date : 1. Ordinance No. 3092-2019 -Amending Kenai Municipal Code , Section 1.10.030 - Organization Meeting, to Provide that the Terms of Office of the Mayor and Other Councilmembers Shall Begin the Monday Following Certification of the Election. (City Clerk) 2. Ordinance No. 3093-2019 -Accepting and Appropriating a Grant From t he U.S . Department of Homeland Security Passed through the State of Alas ka Department of Military and Veterans' Affairs for the Purchase of a Fire Station Alerting System , an IT Security Audit , and Base Radio System Replacement for Dispatch . (Administration) 3 . Ordinance No. 3094-2019 -Accepting and Appropriating a Do nation from Hilcorp Energy Company to Assist with the Annual Kenai Sen ior Center Thanksgiving Dinner. (Administration) 4 . Resolution No. 2019-72 -Authorizing the City to Join the Alaska Remote Seller Sales Tax Commission for the Purpose of Developing , Implementing , and Enforcing a Remote Seller Sales Tax Code and Designating a Commission Representative. (Administration) 5. Resolution No . 2019-73 -Authorizing the City Manager to Recruit For a nd Hire an Additional Police Officer Position Based on Anticipated Attrition. (Administration ) 6. Resolution No. 2019-74 -Declaring a Utility Easement Twenty Foot (2 0 ') Wide Between the Shared Lot Lines of Tract A, and Lots 4 , 5, 6 , Block 1, Bridge Road Subdivision Number 2 and Lot 7 A , Block 1, Bridge Road Subdivision Lo ckwood Addition as Set Forth on the Attached Ex hibit "A " is Not Needed fo r a Public Purpose and Consen t ing to its Vacation . (Administration ) 7. Resolution No. 2019-75 -Awarding a Contract for City-Owned Lands Appraisal Services . (Administration) The public hearing will commence at 6:00 p.m ., or as soon thereafter as bus iness permits , in the Kenai City Coun c il Chambers, 210 Fida Igo Avenue , Kenai , Alas ka , 996 11. All inte rested person s are inv ited to attend the meeting and partic ipate in the public disc uss ion . Writte n comments may be sent to the Kenai City Coun c il , c/o Kenai City Clerk, 210 Fidal go Avenue, Kenai , AK, 99611 . Copies of the ordinances and/or resolution s are ava i lable in the Office of the Ken ai City Clerk and w ill be a vailable at the meeting for public revi ew. Please be advised , subj ect to legal limitation s, ord inances and/or resolutions may be amended by the Co uncil prior to adoption without further publi c n t ice.