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HomeMy WebLinkAbout2021-08-18 Council PacketKenai City Council - Regular Meeting Page 1 of 4 August 18, 2021 Kenai City Council - Regular Meeting August 18, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Tim Dillon, Executive Director, Kenai Peninsula Economic Development District - Quarterly Update. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 3226-2021 - Increasing Fiscal Year 2021 Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 2. Ordinance No. 3227-2021 - 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, Increasing Estimated Revenues and Appropriations in the General Fund - Fire Department, and Authorizing the Sole Source Purchase of Portable Radios and Accessories for the Fire Department. (Administration) 3. Ordinance No. 3228-2021 - Increasing Estimated Revenues and Appropriations in the Airport Fund, Terminal Repair and Maintenance Department for Expenditures in Excess of Page 1 Kenai City Council - Regular Meeting Page 2 of 4 August 18, 2021 Budgeted Amounts Related to Damage to Terminal Building Siding and Authorizing a Purchase Order to Blazy Construction, Inc. (Administration) 4. Ordinance No. 3229-2021 - Accepting a Grant from the Federal Aviation Administration and Increasing Estimated Revenues and Appropriations in the Airport Snow Removal Equipment Capital Project Fund. (Administration) 5. Ordinance No. 3230-2021 - Increasing Estimated Revenues and Appropriations in the General Fund - Fire Department for the Purchase of Extrication Equipment Needed to Provide Emergency Response to Motor Vehicle Accidents. (Administration) 6. Ordinance No. 3231-2021 - Increasing Estimated Revenues and Appropriations in the COVID-19 Cares Act Recovery Fund for a Federal Cares Act Grant Passed Through the State of Alaska Department of Public Safety for Overtime and Direct Expenditures of the Police, Fire, and Communications Departments of the City. (Administration) 7. Ordinance No. 3232-2021 - Increasing Estimated Revenues and Appropriations in the General Fund, Kenai Fine Arts Center Capital Project Fund and Amending the Lease for a Portion of Lot 3, Block 17, Original Townsite of Kenai for the Kenai Fine Arts Center to Provide Additional Funding for Improvements and Modifications Amendment to the Lease for the Kenai Fine Arts Center. (Administration) 8. Resolution No. 2021-54 - Adopting Joint Resolution No. 2021-002 of the Assembly of the Kenai Peninsula Borough and Councils of the Cities of the Kenai Peninsula Borough, Supporting a Request for Federal Aid Submitted by the Kenai Peninsula Borough to Alaska’s U.S. Congressional Delegation for the Purpose of Spruce Bark Beetle Mitigation. (Administration) 9. Resolution No. 2021-55 - Approving the Development Incentives per Kenai Municipal Code 21.10.100 for a Lease of Airport Reserve Lands Between the City of Kenai and Schilling Rentals, LLC on General Aviation Apron Sub No. 1 Amended Lot 2 Blk 3. (Administration) E. MINUTES 1. *Work Session of August 4, 2021. (City Clerk) 2. *Regular Meeting of August 4, 2021. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Ordinance No. 3234-2021 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund, Amending the City’s Professional Services Agreement with HDL Engineering Consultants, Accepting Grant Funding from the Federal Aviation Administration, and Issuing a Purchase Order for Construction of the 2021 Airfield Drainage Rehabilitation Project at the Kenai Municipal Airport. (Administration) Page 2 Kenai City Council - Regular Meeting Page 3 of 4 August 18, 2021 3. *Ordinance No. 3235-2021 - Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. (Administration) 4. *Ordinance No. 3236-2021 - Amending the Official Zoning Map by Rezoning T 5N R 11W Sec 6 Seward Meridian KN North 150 Ft of Govt Lot 34 from Suburban Residential to General Commercial. (Administration) 5. *Ordinance No. 3237-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Land Administration Department to Provide Funding for a Kenai Waterfront Revitalization Feasibility Study. (Administration) 6. Action/Approval - Authorizing a Special Use Permit to Boys and Girls Club of the Kenai Peninsula for Office Space at the Beacon Building. (Administration) 7. Action/Approval - Letter of Support for a Kenaitze Indian Tribe Grant Request for a Pilot Fixed-Route Transportation Program. (Administration) 8. Action/Approval - Potential Partnership with the City of Soldotna to Provide 9-1-1 Dispatch Services. (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 4 August 18, 2021 L. EXECUTIVE SESSION 1. Review and Discussion of the Terms of Employment Agreement for the City Clerk which, Pursuant to AS 44.62.310(c)(2) May be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk. 2. Action/Approval - Amending an Employment Agreement between the City of Kenai and City Clerk, Jamie Heinz. (City Clerk) M. PENDING ITEMS 1. Ordinance No. 3224-2021 - Repealing and Reenacting Kenai Municipal Code Title 6 - Elections, to Provide Clarity, Housekeeping, and Process Improvements. (Vice Mayor Molloy and City Clerk) [Clerk's Note: At the August 4 Council Meeting, this item was postponed to the September 18 Council Meeting for a second public hearing. A motion to enact is on the floor.] N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 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. Join Zoom Meeting https://us02web.zoom.us/j/84517385498 Meeting ID: 845 1738 5498 Passcode: 819757 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 845 1738 5498 Passcode: 819757 Page 4 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3226-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING FISCAL YEAR 2021 ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND – POLICE DEPARTMENT AND ACCEPTING A GRANT FROM THE ALASKA HIGH INTENSITY DRUG TRAFFICKING AREA FOR DRUG INVESTIGATION OVERTIME EXPENDITURES. WHEREAS, the Kenai Police Department assists the regional drug task force on initiatives with funding availability through the Alaska High Intensity Drug Traffic Area (AK HIDTA), which is funded through a Federal Government Appropriation; and, WHEREAS, funding through AK HIDTA is available to reimburse certain overtime expenditures for the Kenai Police Officers that assist the regional drug task force or directly participate in the task force on those HIDTA initiatives; and, WHEREAS, the overtime expense that was eligible for reimbursement from March through June, 2021 was $4,039.29; and, WHEREAS, overtime for these additional expenditures for drug investigation was not budgeted and the Department is requesting appropriation into the FY21 overtime budget equal to the amount of the AK HIDTA funding. 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 these funds from the AK HIDTA in the amount of $4,039.29 and to expend those funds to fulfill the purpose and intent of this ordinance. Section 2. That FY 2021 estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Federal Grants - Police $4,039.29 Increase Appropriations – Police - Overtime $4,039.29 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 Page 5 Ordinance No. 3226-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: August 4, 2021 Enacted: August 18, 2021 Effective: August 18, 2021 Page 6 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross – Police Chief DATE: July 13, 2021 SUBJECT: Ordinance No. 3226-2021, Accepting HIDTA Grant Funds The Kenai Police Department participates in the regional drug task force. Between March and June of 2021 certain overtime worked in conjunction with the regional drug task force was eligible for reimbursement through the Alaska High Intensity Drug Trafficking Area (AK HIDTA), which receives its funding through Federal appropriation. The Police Department requested reimbursement for $4039.29 in overtime expenditures. I am respectfully requesting consideration of the ordinance accepting and appropriating the grant funds into the FY21 budget for the purpose they were intended. Page 7 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3227-2021 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, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND - FIRE DEPARTMENT, AND AUTHORIZING THE SOLE SOURCE PURCHASE OF PORTABLE RADIOS AND ACCESSORIES FOR THE FIRE DEPARTMENT. WHEREAS, the City was notified of additional funds available from the 2018 State Homeland Security Program grant and the Fire Department applied for 13 portable radios and accessories to complete the replacement of public safety portable radios; and, WHEREAS, the City was notified by the Alaska Division of Homeland Security and Emergency Management of an award of $61,330.15, enough to purchase 11 portable radios; and, WHEREAS, an additional $9,669.74 is needed to replace the remaining 2 portable radios and complete this project bringing the total project cost to $70,999.89; and, WHEREAS, previous grants to replace police and fire portables have been sole sourced to Motorola for purchasing and it is in the best interest of safety and operations to purchase identical radios; and, WHEREAS, sole-source approval was requested and approved by the granting agency to purchase Motorola radios for this project; and, WHEREAS, it is in the best interest of the City to accept the grant funds and approve a sole- source purchase for 13 portable radios to complete the portable radio replacement project. 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 in the amount of $61,330.15 and to expend those funds in compliance with the grant’s requirements and this Ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $ 9,669.74 Federal Grants - Fire 61,330.15 Page 8 Ordinance No. 3227-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] $70,999.89 Increase Appropriations – Fire Department Machinery and Equipment $70,999.89 Section 3. That the City Manager is authorized to issue a sole-source purchase order in the amount of $70,999.89 to ProComm Alaska for the purchase of portable radios and accessories. 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 immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: August 4, 2021 Enacted: August 18, 2021 Effective: August 18, 2021 Page 9 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: July 22, 2021 SUBJECT: Ordinance 3227-2021 Accepting Reallocated 2018 SHSP Funds The City was contacted by the State of Alaska Department of Military and Veterans Affairs to advise us of reallocated funds from the 2018 State Homeland Security Program Grant that were available to reapply for. Police and Fire have successfully worked through multiple grants to replace most of the aging portable radios as the first phase of replacing all portable and mobile radios. Kenai Police Department was able to completely replace all of their portables and the Fire Department has replaced 6 of their 19 to date. We applied for funding to replace the remaining 13 portable radios needed to complete phase one for the Fire Department and were awarded $61,330.15. The total needed to complete the replacement of the 13 radios is $70,999.89. We are respectfully requesting the additional $9,669.74 be approved to complete this phase of our radio replacements. These radios will be replacing radios that are no longer supported by the manufacturer. This will also require a sole-source approval to Motorola Solutions to purchase the same brand of radio that we have purchased to date for both Police and Fire. We have requested and have been approved from the granting agency to sole-source purchase this equipment and are requesting the same from City Council. Maintenance, operations, programming, parts and warranty are key to our communications/radio program within Public Safety. Thank you for your consideration of this Ordinance. Page 10 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3228-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT FUND, TERMINAL REPAIR AND MAINTENANCE DEPARTMENT FOR EXPENDITURES IN EXCESS OF BUDGETED AMOUNTS RELATED TO DAMAGE TO TERMINAL BUILDING SIDING AND AUTHORIZING A PURCHASE ORDER TO BLAZY CONSTRUCTION INC. WHEREAS, Blazy Construction Inc. submitted a proposal of $23,105 to repair damaged siding that was hit with a loader, owned by the airport and operated by airport personnel, near the restaurant location at the Kenai Airport; and, WHEREAS, the City of Kenai general liability insurance deductible exceeds the cost of repair, and, WHEREAS, this expense was not budgeted, requiring supplemental funding of $ 23,105. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: Airport Fund: Increase Estimated Revenues – Appropriation of Fund Balance $23,105 Increase Appropriations – Terminal Repair & Maintenance $23,105 Section 2. Issuance of a purchase order in the amount of $23,105 to Blazy Construction Inc. is authorized. 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 11 Ordinance No. 3228-2021 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: Introduced: August 4, 2021 Enacted: August 18, 2021 Effective: August 18, 2021 Page 12 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: July 22, 2021 SUBJECT: Ordinance 3228 - 2021 - Airport Funds Appropriation As a result of an incident during the 2020-2021 winter season, it is necessary to repair damaged siding at the Kenai Airport Terminal building. Blazy Construction Inc. submitted a proposal of $23,105 to repair damaged siding that was hit with an airport owned and operated loader. Based on the complexity of the repair, materials cost, and experience of the general contractor for the terminal rehabilitation project—Blazy Construction Inc., it is in the best interest of the Kenai Municipal Airport and the City of Kenai to complete this repair as a sole source. Supplemental funding is necessary to fund the unexpected and unbudgeted costs associated with this repair. Thank you for your consideration. Page 13 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3229-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT SNOW REMOVAL EQUIPMENT CAPITAL PROJECT FUND. WHEREAS, the City received a grant from the Federal Aviation Administration for the replacement of a runway snow blower and broom; and, WHEREAS, to expedite the purchase, $800,000 was previously appropriated from the Airport Special Revenue Fund by Ordinance 3201-2021; and, WHEREAS, upon receipt and acceptance of this grant, the previously appropriated $800,000, less the grant’s required local share estimated to be $47,706, will be returned to the Airport Special Revenue; and, WHEREAS, acceptance and appropriation of this grant is in the best interest of the City and its residents. 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 grant in the amount of $715,586 from the Federal Aviation Administration for the purchase of a replacement snow blower/broom for winter maintenance of the airfield in compliance with grant conditions and this ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: Airport Snow Removal Equipment Capital Project Fund: Increase Estimated Revenues – Federal Grants $715,586 Increase Appropriations – Equipment $715,586 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. Page 14 Ordinance No. 3229-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: August 4, 2021 Enacted: August 18, 2021 Effective: August 18, 2021 Page 15 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: July 27, 2021 SUBJECT: Ordinance No. 3229-2021 The purpose of this memo is to request Council’s approval to accept grant funding from the Federal Aviation Administration (FAA) for the replacement purchase of a new airfield snow blower and broom. As council may recall, Ordinance 3201-2021 was approved to allow the Administration to expedite the purchase due to the long lead times anticipated with the delivery. This Ordinance will finalize the grant offer that was originally discussed with our FAA counterparts in support of the purchase. Resolution 2021-32 previously authorized the purchase utilizing the State of Alaska Cooperative Fleet Purchasing agreement, LaRue shown in the photo below is the approximate unit being purchased. This piece of equipment is integral to Airport Operations. Council’s approval to accept these grant funds will replenish the Airport Special Revenue Fund in support of future operations. Acceptance of this grant is in the best interest of the City. Council’s support is respectfully requested. New Unit Old Unit Page 16 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3230-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND - FIRE DEPARTMENT FOR THE PURCHASE OF EXTRICATION EQUIPMENT NEEDED TO PROVIDE EMERGENCY RESPONSE TO MOTOR VEHICLE ACCIDENTS. WHEREAS, the Fire Department recently took its Hurst Jaws of Life Cutter and Spreader out of service due to hose failures; and, WHEREAS, this equipment is critical to performing extrication of entrapped people involved in vehicle accidents; and, WHEREAS, the purchase of this equipment allows the Fire Department to maintain life saving capability with new battery-operated units providing additional safety benefit for firefighters using them, as well as interoperability with mutual aid departments; and, WHEREAS, due to unexpected equipment failure and the immediate need to replace this critical life-saving equipment, a supplemental appropriation is appropriately requested along with sole- source approval to purchase equipment from the only authorized vendor in the State, LN Curtis and Sons. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $25,709 Increase Appropriations – Fire Department Machinery and Equipment $25,709 Section 2. That the City Manager is authorized to issue a sole-source purchase order in the amount of $25,709 to LN Curtis and Sons to purchase extrication equipment. 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. Page 17 Ordinance No. 3230-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: August 4, 2021 Enacted: August 18, 2021 Effective: August 18, 2021 Page 18 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: July 27th 2021 SUBJECT: Ordinance 3230-2021 Purchase of Extrication Equipment We have used Hurst Jaws of Life for our extrication equipment for well over 40 years now, saving many lives with them. We have trusted and relied on them to perform in any condition and they have proven to be invaluable in our emergency response to vehicle accidents. Our current set was purchased prior to 2009 which is 2 years past the manufacturers recommended service life of 10 years. On the 17th of July we had a hose failure on one of the units which resulted in both hose reels supplying our cutter and spreader to be taken out of service. We made an emergency call to our local vendor to get replacement units here as quickly as possible to maintain our level of service, which they were graciously able to accommodate us with. We have tried in the past to look for regional grants to replace these aging units along with Nikiski Fire Department and Central Emergency Services but have been unsuccessful. Interoperability with this equipment in the event of a major car accident/aircraft crash is important to our operations as it would require responses from our Auto Aid/Mutual Aid departments. Due to our unsuccessful grant efforts, our neighboring departments have begun replacing their extrication equipment with newer Hurst battery-operated units in their budget process and have trained their personnel in the operations of them. The new Hurst eDraulic units no longer have pumps and hoses supplying them which makes on scene operations safer, minimizing tripping hazards or potential for pump failure or hose rupture/failure. Using the same equipment allows personnel from our neighboring departments to arrive on scene and assist us with operations wherever they are needed, using equipment that is familiar to them. A supplemental appropriation of $25,709.00 is requested to purchase a Hurst eDraulic Cutter and Spreader to replace our 2 units that were recently taken out of service. We respectfully request your consideration of this Ordinance. Page 19 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3231-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING FISCAL YEAR 2021 ESTIMATED REVENUES AND APPROPRIATIONS IN THE COVID-19 CARES ACT RECOVERY FUND FOR A FEDERAL CARES ACT GRANT PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF PUBLIC SAFETY FOR OVERTIME AND DIRECT EXPENDITURES OF THE POLICE, FIRE, AND COMMUNICATIONS DEPARTMENTS OF THE CITY. WHEREAS, the State of Alaska Department of Public Safety (DPS) was awarded a federal grant to assist with the enormous strain that the COVID-19 health pandemic is having on Alaskan communities and under that grant DPS has made Coronavirus Emergency Supplemental Funds (CESF) grants available to local public safety agencies; and, WHEREAS, the City of Kenai applied for grant funds under the CESF program to cover FY2021 Police, Fire, and Dispatcher overtime related to COVID-19, in addition to other expenses by those emergency services departments of the City that were directly related to COVID-19; and, WHEREAS, the City’s emergency services departments expended overtime related to COVID-19 quarantines, primarily driven by shift adjustments that minimized staff exposure to each other, and also due to some staff being quarantined or unable to return to work for shift due to COVID- 19. 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 in the amount of $23,500 from the United State Treasury passed through the State of Alaska Department of Public Safety. Section 2. That the estimated revenues and appropriations in FY2021 be increased as follows: COVID-19 Cares Act Recovery Fund: Increase Estimated Revenues – Federal Grants $23,500 Increase Appropriations – First Responder & Incident Management Team Payroll – Overtime $18,818 PERS 4,140 Medicare 273 Workers’ Compensation 269 $23,500 Page 20 Ordinance No. 3231-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 3. That the City Manager is authorized to execute a grant agreement with the State of Alaska Department of Public Safety FY2020 Coronavirus Emergency Supplemental Funding Program and to expend the funds for its intended purpose. 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 immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: August 4, 2021 Enacted: August 18, 2021 Effective: August 18, 2021 Page 21 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross – Police Chief DATE: July 26, 2021 SUBJECT: Ordinance No. 3231-2021 CARES ACT Grant for Emergency Services The State of Alaska Department of Public Safety (DPS) was awarded a federal grant to assist with the enormous strain that the COVID-19 health pandemic is having on Alaskan communities. Under that grant, DPS has made Coronavirus Emergency Supplemental Funds (CESF) grants available to local public safety agencies. The City of Kenai applied for those grant funds to cover the cost of COVID-19 related overtime and other expenses. The primary driver of the overtime expenses was shift adjustments that minimized staff exposure to each other, but also due to some staff being quarantined or unable to return to work for shift due to COVID-19. The City was awarded $23,500 in cost reimbursement for overtime related to the Police, Fire, and Dispatch Departments. This covers costs incurred during the time period of May 18, 2020 to February 24, 2021. I am respectfully requesting consideration of the ordinance accepting and appropriating the public safety grant funds for the purpose they were intended. Page 22 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3232-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND AND KENAI FINE ARTS CENTER CAPITAL PROJECT FUNDS AND AMENDING THE LEASE FOR A PORTION OF LOT 3, BLOCK 17, ORIGINAL TOWNSITE OF KENAI FOR THE KENAI FINE ARTS CENTER TO PROVIDE ADDITIONAL FUNDING FOR IMPROVEMENTS AND MODIFICATIONS. WHEREAS, on May 23, 1995, the City entered into a lease with the Kenai Arts & Humanities Council for City-owned lands identified as A portion of Lot 3, Block 17, Original Townsite of Kenai and the building known as the Fine Arts Center (the Lease); and, WHEREAS, since May 23, 1995, the rights under the Lease have been assigned to the Peninsula Arts Guild and the Lease has been amended over the years to require the Lessee to submit to the City Council, for approval, any proposed construction plans for the property; and, WHEREAS, the premises under the Lease are leased at less than fair market value at a rate of $1 per year to provide a City-owned building to house the Fine Arts Center for the benefit of the local community on an “as is, where is” basis and requires the Lessee, at its own cost and expense to keep the leased premises, all improvements in good condition and repair during the term of the lease; and, WHEREAS, the Peninsula Art Guild completed numerous improvements to the facility at its sole expense, and Council approved two extensions to the term of the Lease to allow the Guild to justify future building maintenance and repair expenditures, satisfy multi-year grant funding requirements, and pursue future funding opportunities, and the Lease currently expires on December 31, 2035; and, WHEREAS, on August 16, 2017, the City Council passed Resolution 2017-58, authorizing a donation in the amount of $4,000 to the Peninsula Art Guild, Inc. for completion of preliminary design to renovate and remodel the Kenai Fine Arts Center for the purpose of soliciting grants for construction; and, WHEREAS, on August 5, 2020, the Council enacted Ordinance 3146-2020, appropriating $120,000 for the Kenai Fine Arts Center Improvement Capital Project Fund, restricted to the following: 1) If the engineer’s estimate for the project exceeds $150,000, the appropriation should be brought back to the City Council for re-consideration. 2) The $120,000 appropriation must be committed or encumbered by November 10, 2021. 3) The $120,000 may only be used for construction at the Kenai Fine Arts Center. Page 23 Ordinance No. 3232-2021 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, the Peninsula Arts Guild has provided information showing that $XX funds have been donated and XX volunteer hours have been contributed toward improvements to the Kenai Fine Arts Center, and the Guild is pursuing grant funding for additional necessary improvements to the Center; and, WHEREAS, on July 5, 2021, the Peninsula Arts Guild requested an additional $24,862.55 in funding to complete the remaining scope of work for the improvements to the Kenai Fine Arts Center; and, WHEREAS, an amendment to the Lease clarifying the maintenance and capital improvement responsibilities of the Peninsula Arts Guild as Lessee of the premises is necessary to clarify who is responsible for the funding of any projects in the future; and, WHEREAS, appropriation of additional funds and an amendment to the Lease to the Peninsula Arts Guild are in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $24,862.55 Increase Appropriations – Transfer to Other Funds $24,862.55 Kenai Fine Arts Center Improvement Capital Project Fund: Increase Estimated Revenues – Transfer from General Fund $24,862.55 Increase Appropriations – Construction $24,862.55 Section 2. That section 18 of the Lease is amended as follows: CARE OF PREMISES: Lessee, at its own cost and expense shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this lease. The City is under no obligation to expend funds to improve or maintain the building. Lessee is permitted to improve and alter improvements on the lease property in accordance with a scope of work approved by the City Manager and prepared by a qualified engineer licensed to work in Alaska if required by the City Manager prior to the work being performed. Any changes to the scope of work must be provided to the City and accepted prior to work being performed. Lessee is responsible for all necessary licenses and/or permits required for making any alterations. Page 24 Ordinance No. 3232-2021 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: August 4, 2021 Enacted: August 18, 2021 Effective: August 18, 2021 Page 25 Third Amendment to Lease Page 1 of 3 Portion of Lot 3, Block 17, Original Townsite of Kenai and Fine Arts Center Building FOURTH AMENDMENT TO LEASE THIS Second Amendment to Lease is made as of the _____ day of ___________, 2021, by and between the CITY OF KENAI (City), a municipal corporation whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and PENINSULA ART GUILD, INC. (Lessee), whose address is P.O. Box 703, Kenai, Alaska 99611-0703. WITNESSETH WHEREAS, on May 23, 1995, the City entered into a lease with the Kenai Arts & Humanities Council for City-owned lands identified as A portion of Lot 3, Block 17, Original Townsite of Kenai and the building known as the Fine Arts Center, which lease was recorded at Book 464 Pages 768-776 on June 13, 1995, in the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); and, WHEREAS, since May 23, 1995, the rights under the Lease have been assigned to the Peninsula Arts Guild; and, WHEREAS, an Amendment to Lease recorded at Book 486 Pages 465-466 on June 13, 1996 extended the term of the Lease to June 30, 2015 and required the Lessee to submit to the City Council, for approval, any proposed construction plans for the property; and, WHEREAS, a Second Amendment to Lease recorded on December 26, 2013, under Document Number 2013-012032-0, extended the term of the Lease until December 31, 2020 and to amend the purpose to provide a building to house the Fine Arts Center for the benefit of the local community; and, WHEREAS, a Third Amendment to Lease recorded on January 30, 2017, under Document Number 2017-000659-0, extended the term of the Lease until December 31, 2035 to justify future building maintenance and repair expenditures, satisfy multi-year grant funding requirements, and pursue future funding opportunities; and, WHEREAS, the parties have agreed to amend the Lease to to clarify who is responsible for the funding of any projects in the future Page 26 Third Amendment to Lease Page 2 of 3 Portion of Lot 3, Block 17, Original Townsite of Kenai and Fine Arts Center Building NOW THEREFORE, the parties agree as follows: 1. Section 18 of the Lease is amended as follows: CARE OF PREMISES: Lessee, at its own cost and expense shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this lease. The City is under no obligation to expend funds to improve or maintain the building. Lessee is permitted to improve and alter the lease property in accordance with a scope of work prepared by a qualified engineer licensed to work in Alaska and accepted by the City Manager prior to the work being performed. Any changes to the scope of work must be provided to the City and accepted prior to work being performed. Lessee is responsible for all necessary licenses and/or permits required for making any alterations. 2. Except as expressly modified or stated herein, all other terms and conditions of the Lease (as amended) remain in full force and effect. CITY OF KENAI By: _________________________ Paul Ostrander Its: City Manager PENINSULA ART GUILD By: _________________________ Name:_______________________ Its:__________________________ Approved as to form: _______________________ Scott Bloom City Attorney Page 27 Third Amendment to Lease Page 3 of 3 Portion of Lot 3, Block 17, Original Townsite of Kenai and Fine Arts Center Building State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this ____ day of ________, 2021, by Paul Ostrander, City Manager for the City of Kenai. ____________________________ Notary Public of Alaska My Commission Expires: _______ State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this ____ day of ________, 2021, by ________________________(Name),______________________(Title), on behalf of PENINSULA ART GUILD, INC, a Alaska Corporation, on behalf of the Corporation. ____________________________ Notary Public of Alaska My Commission Expires: _______ RETURN TO: CITY OF KENAI 210 Fidalgo Avenue Kenai, AK 99611-7794 Page 28 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: July 27, 2021 SUBJECT: Ordinance 3232-2021 – Peninsula Art Guild Appropriation and Lease Amendment At the August 5, 2020 meeting Council enacted Ordinance 3146-2020, appropriating $120,000 for the Kenai Fine Arts Center Improvement Capital Project Fund to remodel the Kenai Fine Arts Center. At the July 7, 2021 Council Meeting, Marion Nelson of the Peninsula Arts Guild asked for additional funds of $24,862.55 to pay for items that were not in their original contract with Polar North Construction to complete their remodeling efforts at the Kenai Fine Arts Center. Administration was tasked by Council with identifying a funding source to fulfill the request. This ordinance would appropriate the full amount from the General Fund, fund balance to complete the remodeling of the Center. The General Fund is the most appropriate source for this appropriation and the City will still be in conformance with our Fund Balance Policy. This ordinance also amends the lease to clarify that the Lessee is responsible for the funding of any projects in the future. From the inception of the lease on the property in 1995 until 2017, Section 18 of the lease was interpreted by the City to mean that the Lessee was responsible for all costs associated with alteration or improvement of the premises. The current Section 18 “Care of Premises” reads: “Lessee, at its own cost and expense shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this lease.” The following list of actions taken by the City between 1995 and January of 2021 provides a historical context of how this lease has been managed. 5/23/1995 25-year lease entered into between Kenai Arts & Humanities Council for Lot 3 Block 17, Original Townsite of Kenai and the building known as the Kenai Fine Arts Center. All rights under the lease were later assigned to the Peninsula Art Guild. 2003 Lessee requested City funding for boiler replacement at the facility. Request was denied by City Manager Snow citing Section 18 of the lease. Page 29 Page 2 of 2 2009 Lessee requested City funding for roof repairs to prevent condensation. The request was denied, once again citing Section 18 of the lease. 2013 Peninsula Art Guild completed numerous improvements to the facility, at their sole expense, and requested a 5-year extension to the lease in order to solicit grants for additional facility improvements. 2016 Peninsula Art Guild requested a lease extension until 12/31/2035 in order to pursue possible grants for repair and renovation of the facility. Extension was executed. 2017 Resolution 2017-58 provided $4,000 to the Peninsula Art Guild to assist in preliminary design costs for the purpose of identifying the scope of renovation and remodel and to provide cost estimates for the purpose of soliciting grants for construction. 2020 Ordinance 3146-2020 was amended by Council Member Navarre to include $100,000, later amended to $120,000, for upgrading the facility’s bathroom, increasing the functionality of the back portion of the building, installation of new lighting and new windows. The maker of the amendment stated, “This amendment would commit $100,000 in City funds to the project with the intent of the Kenai Fine Arts Center being responsible for the remainder of costs.” The Ordinance was subsequently amended to require encumbrance of the funds by 11/10/21, use of funds was limited to construction at the Kenai Fine Arts Center, and required if estimated costs were to exceed $150,000, the appropriation should be brought back to the City Council for re-consideration. 1/20/21 A Council discussion item providing a remodel update was held. The original cost estimate exceeded $150,000. Council was provided a reduced scope of work to keep the project within the $120,000 appropriation and no additional funding was requested. Modifying Section 18 to clarify that the Lessee is responsible for all costs associated with the building will provide assurance that the Lease will be managed consistently going forward. This preserves what appears to be the original intent of Section 18 and will likely put the Peninsula Arts Guild, or future lessees in a more favorable position to receive grants for improvements to the facility. Page 30 Page 31 Page 32 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager DATE: August 13, 2021 SUBJECT: Ordinance 3232-2021 – Amendment to Peninsula Art Guild Appropriation and Lease Amendment Ordinance 3232-2021 included two blanks for information to be provided by the Peninsula Art Guild related to the actual funds donated and volunteer hours contributed toward improvements to the Kenai Fine Arts Center. This information was provided on August 13, and Administration recommends the following Amendment: Amend Ordinance 3232-2021 by replacing the first blank [“XX”] in the seventh WHEREAS with the number $17,798.10 and the word “in” and the second blank [“XX”] with the number 350 The amended WHEREAS would read: WHEREAS, the Peninsula Arts Guild has provided information showing that $17,798.10 in funds have been donated and 350 volunteer hours have been contributed toward improvements to the Kenai Fine Arts Center, and the Guild is pursuing grant funding for additional necessary improvements to the Center; and, Thank you for your consideration. Page 33 PENINSULA GU I L D a.f f •t Wt N AI f t flifl A tt T S Cf:WTfl August 12, 2021 To Kenai City Council Members and Administration 210 Fidalgo Avenue, Kenai, AK 99611 To: City Manager Paul Ostrander, Mayor Brian Gabriel and City Council members, Scott Curtin, Please see the list of the various donations of time and materials for the remodeling of the back area of the Art Center, aka the "Workshop Room" and HA bathroom. Donated Services & Materials Architectural -$10,000. General contractor -$1200 Electrician -$1500 Carpenter-$600 (more to come) Storage area rebuild. Carpenter Time & materials -$1000 Paint & painting supplies -$1065. Ce me nt floor grin ding -$100 Community volunteers. Donated time from Art Center Volunteers: Moving to U-Hau l by a volunteers -120 hours@ $12 hr. value. $1 4 40 Prep of Wor kshop Room: painting walls, floor & more -200 hours-@ $12 hr. value $2 400 Painting & building co ld storage area -30 hours. -$1000 Polar North Construction has been wonderful to work with in every way. Since they cannot work in the building right now, the Art Center board voted to finish the storage/supply room next to the jail. We are also paying a contractor to install cove base in that storage room and the Workshop Room, finish one cement block wall and install the heat covers etc. Price not known at this time. Estimate-$800-$1000. Partial donation of carpenter time. Paid for off-site storage- U-Haul storage $233.10 (May have to rent an additional mo -$116.55) Van Rental: Remediation Evalu~tions-Paid by Art Center Anchorage engineers-. $2100. I am happy to aJnw~e~our q uesti:1J.on ·ng :is 1 project. Marion Nelson 'V/ A President, BC)D e n-~ Ce r enaf'Art Center) 907 398 8669 PO BOX 703 I 816 COOK STREET I KENAI AK, 99611 I (907) 2a3 7040 I www.K!:NAIFINEART.coM I FIND us OH FACEBooK Page 34 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2021-54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING JOINT RESOLUTION NO. 2021-002 OF THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH AND COUNCILS OF THE CITIES OF THE KENAI PENINSULA BOROUGH, SUPPORTING A REQUEST FOR FEDERAL AID SUBMITTED BY THE KENAI PENINSULA BOROUGH TO ALASKA’S U.S. CONGRESSIONAL DELEGATION FOR THE PURPOSE OF SPRUCE BARK BEETLE MITIGATION. WHEREAS the risk of wildland fires has increased substantially due to the expanding range of the spruce bark beetle infestation; and, WHEREAS, Southcentral Alaska is experiencing a forest crisis in the form of a resurgence of the 1990s spruce beetle outbreak where over one million acres were impacted on the Kenai Peninsula before the infestation was addressed; and, WHEREAS, an aerial detection survey conducted in 2019 mapped 150,000 acres of spruce beetle damages revealing the initial beetle outbreak that the Kenai Peninsula is currently experiencing; and, WHEREAS, in the City of Kenai and surrounding areas, the outbreak spread is visibly apparent with tens of thousands of dead and dying spruce trees, impacting all lands, whether private or public; and, WHEREAS, the Borough has submitted a request for federal aid in the amount of $35 million to Alaska’s U.S. Congressional Delegation for spruce bark beetle mitigation; and, WHEREAS, the Borough, the Cities, and all residents and landowners within the Kenai Peninsula Borough share a common goal to mitigate the devastating impacts of this resurgent spruce bark beetle outbreak and find that it serves public interest to work together toward completing hazard mitigation projects across all lands; and, WHEREAS, the severity and magnitude of the outbreak is beyond the capacity of the Borough and the Cities and will require federal assistance to address this critical forest crisis on private and public property in the Kenai Peninsula Borough. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council adopts and hereby authorizes the Mayor of the City of Kenai to sign Joint Resolution 2021-002. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2021. Page 35 Resolution No. 2021-54 Page 2 of 2 _____________________________________________________________________________________ __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, MMC, City Clerk Page 36 Joint Resolution No. 2021-002 Page 1 of 3 KENAI PENINSULA BOROUGH CITY OF HOMER KACHEMAK CITY CITY OF KENAI CITY OF SELDOVIA CITY OF SEWARD CITY OF SOLDOTNA JOINT RESOLUTION NO. 2021-002 A JOINT RESOLUTION OF THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH AND COUNCILS OF THE CITIES OF HOMER, KACHEMAK, KENAI, SELDOVIA, SEWARD AND SOLDOTNA RESPECTIVELY, SUPPORTING A REQUEST FOR FEDERAL AID SUBMITTED BY THE KENAI PENINSULA BOROUGH TO ALASKA’S U.S. CONGRESSIONAL DELEGATION FOR THE PURPOSE OF SPRUCE BARK BEETLE MITIGATION WHEREAS, Southcentral Alaska is experiencing a forest crisis in the form of a resurgence of the 1990s spruce beetle outbreak where over one million acres were impacted on the Kenai Peninsula before the infestation was addressed; and WHEREAS, an aerial detection survey conducted in 2019 mapped 150,000 acres of spruce beetle damages revealing the initial beetle outbreak that the Kenai Peninsula is currently experiencing; and WHEREAS, the outbreak spread is visibly apparent and impacts all lands, whether private or public; and WHEREAS, the Borough has submitted a request for federal aid in the amount of $35 million to Alaska’s U.S. Congressional Delegation for spruce bark beetle mitigation; and WHEREAS, the Borough, the Cities, and all residents and landowners within the Kenai Peninsula Borough share a common goal to mitigate the devastating impacts of this resurgent spruce bark beetle outbreak and find that it serves public interest to work together toward completing hazard mitigation projects across all lands; and WHEREAS, federal assistance in addressing this critical forest crisis is necessary to mitigate the hazardous impacts on private and public property in the Kenai Peninsula Borough; NOW, THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA BOROUGH ASSEMBLY AND THE COUNCILS OF THE CITY OF HOMER, KACHEMAK CITY, CITY OF KENAI, CITY OF SELDOVIA, CITY OF SEWARD AND CITY OF SOLDOTNA: SECTION 1. That the borough administration and administrations for the Cities of Homer, Kenai, Seldovia, Seward, and Soldotna, respectively, support the request submitted by the Kenai Peninsula Borough for the purpose of spruce bark beetle mitigation in the amount of $35,000,000.00 and the respective administrations are authorized to execute letters of support or other necessary documentation in DocuSign Envelope ID: 0628F1E7-9E98-41EB-BE40-08146025C90C Page 37 Joint Resolution No. 2021-002 Page 2 of 3 support of the borough’s request for federal assistance to address the spruce bark beetle forest crisis. SECTION 2. That this resolution takes effect immediately upon adoption of the Kenai Peninsula Borough Assembly and the City Councils of the City of Homer, Kachemak City, City of Kenai, City of Seldovia, City of Seward and the City of Soldotna. APPROVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS ______ DAY OF _________________, 2021. Brent Hibbert, Assembly President ATTEST: Johni Blankenship, MMC, Borough Clerk APPROVED BY THE COUNCIL OF THE CITY OF HOMER THIS ______ DAY OF _________________, 2021. Ken Castner, Mayor ATTEST: Melissa Jacobsen, MMC, City Clerk APPROVED BY THE COUNCIL OF KACHEMAK CITY THIS ______ DAY OF _________________, 2021. William Overway, Mayor ATTEST: Wendy Wayne, City Clerk APPROVED BY THE COUNCIL OF THE CITY OF KENAI THIS ______ DAY OF _________________, 2021. Brian Gabriel Sr., Mayor ATTEST: DocuSign Envelope ID: 0628F1E7-9E98-41EB-BE40-08146025C90C Page 38 Joint Resolution No. 2021-002 Page 3 of 3 Jamie Heinz, MMC, City Clerk APPROVED BY THE COUNCIL OF THE CITY OF SELDOVIA THIS ______ DAY OF _________________, 2021. Jeremiah Campbell, Mayor ATTEST: Heidi Geagel, City Clerk APPROVED BY THE COUNCIL OF THE CITY OF SEWARD THIS ______ DAY OF _________________, 2021. Christy Terry, Mayor ATTEST: Brenda Ballou, MMC, City Clerk APPROVED BY THE COUNCIL OF THE CITY OF SOLDOTNA THIS ______ DAY OF _________________, 2021. Paul Whitney, Mayor ATTEST: Michelle M. Saner, MMC, City Clerk DocuSign Envelope ID: 0628F1E7-9E98-41EB-BE40-08146025C90C Page 39 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: August 9, 2021 SUBJECT: Resolution 2021-54 – Adopting Joint Resolution 2021-002 For Spruce Bark Beetle Mitigation The Kenai Peninsula Borough submitted a request for $35,000,000 to Alaska’s Congressional Delegation for the purpose of spruce bark beetle mitigation. This Resolution will adopt and authorize Mayor Gabriel to sign Joint Resolution 2021-002 which supports the request. Joint Resolution 2021-002 additionally authorizes the City of Kenai administration to execute letters of support or other necessary documentation in support of the Borough’s request for Federal assistance to address the spruce bark beetle forest crisis. Page 40 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2021-55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING THE DEVELOPMENT INCENTIVES PER KENAI MUNICIPAL CODE 21.10.100 FOR A LEASE OF AIRPORT RESERVE LANDS BETWEEN THE CITY OF KENAI AND SCHILLING RENTALS, LLC ON GENERAL AVIATION APRON SUB NO. 1 AMENDED LOT 2, BLK 3. WHEREAS, on September 20, 2019, Schilling Rentals, LLC entered into an assignment of lease for General Aviation Apron SUB No. 1 Amended Lot 2, Blk 3 with Soar International Ministries, Inc.; and, WHEREAS, Schilling Rentals submitted an application for temporary development incentives that meets requirements of Kenai Municipal Code 21.10.100, Temporary Development Incentives on July 1, 2021; and, WHEREAS, Larson Engineering and Design has provided an estimated value of $150,000 for the following eligible work activities: unclassified excavation and classified excavation; and, WHEREAS, Kenai Municipal Code 21.10.100 requires Council approval of temporary development incentives; and, WHEREAS, the project will enhance public safety and quality of life while providing economic development on property leased from the City within the Kenai Municipal Airport Reserve. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the temporary development incentives with an estimated value of $150,000 for the following eligible work activities: unclassified excavation and classified excavation is approved. Subject to compliance with Kenai Municipal Code, a credit may be applied towards rent for a maximum of 5 years. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Page 41 MEMORANDUM TO: Planning and Zoning Commission THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: August 6, 2021 SUBJECT: Resolution No. 2021-55 – APPROVING DEVELOPMENT INCENTIVES FOR A LEASE TO SCHILLING RENTALS ON GENERAL AVIATION APRON SUB NO. 1 AMENDED LOT 2, BLOCK 3. On September 20, 2019, Schilling Rentals, LLC entered into an assignment of lease for General Aviation Apron Sub No. 1 Amended Lot 2, Blk 3 with Soar International Ministries, Inc. This lease terminates on June 30, 2022. An application for a lease renewal has been submitted by Schilling Rentals, LLC with a request for a 45-year lease. Kenai Municipal Code 21.10.100 requires Council approval of temporary development incentives. This resolution will approve development incentives for this lease. A Development Incentive Application was received on July 1, 2021 for the following eligible work activities: unclassified excavation and classified excavation. The applicant has provided an estimate of the value of the work in the amount of $150,000.00, prepared by a qualified engineer licensed to work in Alaska. A certification from a qualified engineer that the accepted scope of work has been completed must be provided to the City and accepted at the completion of the site preparation work in order for the credit to be applied towards rent for a maximum of 5 years. The current annual rent for the lease is $8,400.00. Thank you for your consideration. Attachment A: City of Kenai Lease Development Incentive Application from Schilling Rentals, LLC. Attachment B: Civil Excavation cost estimate letter. Attachment C: Aerial Map of 110 FBO Road. Page 42 JC City of Kenai K~NAI Lease Development Incentive Application !Application Date: l5/ 11 /21 Applicant Information Name of Applicant: Schilling Rentals Mailing Address: PO Box 3426 lcity: Kenai !state: IAK lzip Code:l99611 Phone Number(s}: Home Phone: Work/ Message Phone:907 283 7556 E-mail: (Optional) duane@uptownmotel.com Lease Information Eligible development To qualify for a lease credit toward rent for a maximum of five years, an applicant for a new lease, extension. or renewal must complete commercial development on the property within two years to receive the credit, which is based on the value of site preparation work on the leased premises. Examples of eligible work include: clearing and grubbing, unclassified excavation, classified fill and back fill, and utility extensions. Required documentation 1. An estimate of the value of the work, including a scope of work, prepared by a qualified engineer licensed to work in Alaska must be provided to the City and accepted prior to work being performed. Any changes to the estimate must be provided to the City and accepted prior to work being performed to be eligible for the credit. 2. A certification from a qualified engineer that the accepted scope of work has been completed must be provided to the City and accepted at the completion of the.work for the credit to be applied. Application is for: 0 Existing Lease Property !El New land Lease Application Description of property: GENERAL AVIATION APRON SUB NO 1 AMENDED LOT 2 BLK Description of work to be completed: D Clearing and grubbing D Unclassified Excavation D Classified Excavation D Utility Extensions D Other: Estimated value of work: -$230,000.00 Estimated start date: May 2021 Estimated completion date: January 2022 Attachment( s ): D Scope of work D Other: By signing and dating below, the applicant agrees to fulfill the above requirements and understands that if these requirements are not met, the applicant will not be eligible for a development credit toward rent. Signature: Print Name: For City Use Only: 0 General Fund D Airport Fund Michael Schiiling 0 Airport Reserve Land 0 Outside Airport Reserve Date: 5/11/21 Title: Managing Member Date Application Received: Date Scope of Work Approved: Amount of Credit Applied: Page 43 Larson Engineering & Design - 215 Fidalgo Ave. Ste 203, Kenai, AK 99611 Ph: (907) 283-1565 – Fax: (907) 283-1566 215 Fidalgo Avenue, Suite 203 Kenai, AK 99611 Civil – Structural- Environmental Phone: (907) 283-1565 Consulting Fax: (907) 283-1566 July 1, 2021 Rob Marsters Re: 110 FBO Rd. – Site Excavation Mr. Marsters, Larson Engineering & Design, P.C. is currently working on the Civil planning for the 110 FBO Rd. property located within the Kenai Airport. The existing site has frost susceptible soil intermixed within the existing backfill throughout the building footprint and adjacent perimeter. I recommended removing all frost susceptible soils and backfilling with non-frost susceptible gravels compacted to 95% of maximum dry density. The estimated quantity of poor soils, located outside of the existing building footprint, is 4,000 cubic yards. I estimate the total cost for the excavation and backfill of the site to be approximately $150,000.00, or ~$38/cy. Compaction tests shall be accomplished during backfill operations in order to get a representative sample of compaction effort. I will provide periodic inspection of the excavation and backfill efforts, as the project progresses. If you have any questions, please contact me at 907-394-2235. Sincerely, Signature: Blake W. Larson, P.E. Page 44 110 FBO RoadGeneral Aviation Apron Sub No. 1 Amended Lot 2, Block 3Parcel 04324024 FBO RDMAIN STREET LOOP RD GRANITE POINT CT.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 5025 Feet LEGEND Su bject Parcel Date: 8/6/2021 Page 45 KENAI CITY COUNCIL WORK SESSION WATERFRONT DEVELOPMENT & ECONOMIC INCENTIVES AUGUST 4, 2021 – 5:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR GABRIEL, PRESIDING NOTES Council present: B. Gabriel, H. Knackstedt, B. Molloy, T. Winger J. Glendening, G. Pettey, V. Askin Others present: City Manager P. Ostrander, Finance Director T. Eubank, City Attorney S. Bloom, City Clerk J. Heinz, Deputy City Clerk M. Thibodeau, Planning Director R. Foster, Director E. Conway, Police Chief D. Ross A. Call to Order Mayor Gabriel called the work session to order at 5:00 p.m. B. Introduction and Presentation – Paul Ostrander, City Manager City Manager Ostrander provided an introduction on the Waterfront Development and Economic Incentives noting that the Comprehensive Plan included the Waterfront was a goal for development. He spoke of having a feasibility study done which would engage the community and determine what their vision is; was hopeful to introduce this concept tonight and get approval to bring forth an ordinance to fund the Feasibility Study at the next meeting. He added that the feasibility study would include property from the City Dock, down river to Millennium square. C. Public Comment Chidem Cherrier spoke in favor of waterfront development noting that she owned the old Port of Kenai property and has had many ideas through the years, one being a boardwalk from the City Dock to her property with a lodge and restaurant. She added that a recent client said they’d love to see a farmer’s market and live music; another customer said they’d love to see a park and restaurant on the water. Chidem noted she has visions of a little fisherman’s wharf including a vibrant water front adding that she would like to see Kenai Chamber of Commerce and Visitor’s Center, Kenai Peninsula Economic Development District, and the City work together. She thanked those working on this initiative. Fred Braun spoke in favor of waterfront development noting there was no other place on the road system like this property and adding that he hears often from chamber members that traffic goes from Anchorage to Homer and ask how we can get visitors to Kenai. Fred also noted that the ideas mentioned were great ideas and it would be a win/win for the community and city. Gwen Woodard spoke in favor of waterfront development and suggested incorporating our cultural history and the Kenaitze Tribe; thought it would be fun to see Kenaitze words used around town. Page 46 City of Kenai Council Work Session Page 2 of 3 August 4, 2021 Will Jahrig spoke in favor of waterfront development noting he lived adjacent to the waterfront, that the property meant a lot to them, and tipped his hat to those working on the initiative and adding that he recently purchased 8.5 acres nearby. He suggested looking at developing small sections of property with high end usage adding that proper construction was important as Mother Nature had a way of destroying things if not constructed well. Mr. Jahrig noted it was great to see the City exploring the idea and expressed appreciation for that attitude adding that it will take time, thought, and input to maneuver through development and zoning. He agreed that native heritage was important as was the history of the Port of Kenai. Finally, he encouraged following through on stabilizing the bluff. Randy Lukasik presented a proposal to issue casual use permits for anchoring on the south shore of the river, on City owned property, noting that during dipnet season wildlife troopers would not allow boats to anchor citing they were in navigable waters; he suggested it could be a revenue stream for the City. Mike Dunn noted the number of people that participated in the dipnet fishery and suggested anchoring in the river was dangerous. Ron Hyde spoke in favor of waterfront development noting the infrastructure he owned across the river; the Cannery Lodge. He suggested more this section of the Kenai River can be a destination and, once it’s complete, businesses will prosper. He envisioned shuttles across the river and dinner cruises to make this section of Kenai a destination. Brittany Brown spoke in favor of waterfront development noting that many communities were still struggling but that Kenai did well coming out of the public health emergency; businesses in Kenai were having to find bigger spaces, go online, and do more. She added that being able to look at a development opportunity coming out of the public health emergency was exciting for the community and would be a way to capitalize on the dipnet fishery. D. Council Comments Council Member Glendening noted that he liked everything he heard and wanted to engage the Planning and Zoning and Harbor Commissions in the project. Council Member Winger noted she thought it was a great start and agreed the city needed something to increase traffic; noted this was a good opportunity to work together and put together a good solid plan. Council Member Askin echoed comments from previous Council Members and added that she liked the idea of bringing in Kenaitze history. Council Member Pettey noted that “making the right turn to Kenai,” was epic, and would like to see this orchestrated. Council Member Knackstedt expressed appreciation for everything he heard this evening noting the area had been busy before and this was a new opportunity for this area; encouraged those in the room to spread the word. Vice Mayor Molloy thanked those that attended and provided input; thanked the City Manager and the Assistant to the City Manager for their work. Page 47 City of Kenai Council Work Session Page 3 of 3 August 4, 2021 Mayor Gabriel thanked those that attended the meeting and added that he was looking forward to improving the view. E. Adjournment The work session adjourned at 6:06 p.m. Notes were prepared by: _______________________________ Jamie Heinz, MMC City Clerk Page 48 City of Kenai Council Meeting Page 1 of 10 August 4, 2021 KENAI CITY COUNCIL – REGULAR MEETING AUGUST 4, 2021 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on August 4, 2021, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:12 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Robert Molloy Henry Knackstedt Teea Winger Jim Glendening Glenese Pettey Victoria Askin A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval MOTION: Mayor Gabriel noted the following additions to the packet: Add to item D.1 Ordinance No. 3221-2021 • Plat Map Add to item D.2 Ordinance No. 3222-2021 • Plat Map Vice Mayor Molloy MOVED to approve the agenda with the requested revisions and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. Page 49 City of Kenai Council Meeting Page 2 of 10 August 4, 2021 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Askin SECONDED the motion. Council Member Glendening requested that item G.2., Approval of Purchase Orders over $15,000, be removed from the consent agenda. The remaining items on the Consent Agenda were read into the record. Mayor Gabriel 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 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 - None C. UNSCHEDULED PUBLIC COMMENTS - None D. PUBLIC HEARINGS 1. Ordinance No. 3221-2021 - Determining that Real Property Described as Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014 Replat, According to Plan No. 2014-21, City-Owned Airport Land Located Outside the Airport Reserve, is Not Needed for a Public Purpose and Authorizing the Sale of the Property to Schilling Rentals, an Alaska Partnership. (Administration) MOTION: Vice Mayor Molloy MOVED to enact Ordinance No. 3221-2021 and Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. MOTION TO AMEND: Vice Mayor Molloy MOVED to amend Ordinance No. 3221-2021 by adding the eighth whereas clause; “WHEREAS, the Planning and Zoning Commission recommended Council approve that the subject property is not needed for a public purpose and authorizing its sale at their meeting on July 14, 2021; and”. Council Member Askin SECONDED the motion. Page 50 City of Kenai Council Meeting Page 3 of 10 August 4, 2021 MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED to amend the amendment by replacing the word authorizing with the word authorize and Council Member Winger SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend the amendment. VOTE TO AMEND THE AMENDMENT: There being no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the motion to amend. VOTE TO AMEND: There being no objection; SO ORDERED. Satisfaction with selling this property, which had been leased for many years, to private industry was noted; support was expressed for the sale of the property. VOTE ON MAIN MOTION AS AMENDED: YEA: Gabriel, Pettey, Knackstedt, Glendening, Molloy, Winger, Askin NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3222-2021 - Determining that Real Property Described as Lot 1A, Block 1, Deshka Subdivision, According to Plat No. K-1577, City-Owned Airport Land Located Outside the Airport Reserve, is Not Needed for a Public Purpose and Authorizing the Sale of the Property to Schilling Rentals (2016), LLC. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3222-2021 and Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance No. 3222-2021 by adding the eighth whereas clause; “WHEREAS, the Planning and Zoning Commission recommended Council approve that the subject property is not needed for a public purpose and authorizing its sale at their meeting on July 14, 2021; and”. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE ON AMENDMENT: There being no objection; SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: YEA: Gabriel, Pettey, Knackstedt, Glendening, Molloy, Winger, Askin NAY: Page 51 City of Kenai Council Meeting Page 4 of 10 August 4, 2021 MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 3223-2021 - Increasing Fiscal Year 2021 Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting a Grant from the US Department of Transportation Passed through the State of Alaska Department of Transportation and Public Facilities for Traffic Enforcement Overtime Expenditures. (Administration) MOTION: Council Member Askin MOVED to enact Ordinance No. 3223-2021 and Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Gabriel, Pettey, Knackstedt, Glendening, Molloy, Winger, Askin NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 3224-2021 - Repealing and Reenacting Kenai Municipal Code Title 6 - Elections, to Provide Clarity, Housekeeping, and Process Improvements. (Vice Mayor Molloy and City Clerk) MOTION: Vice Mayor Molloy MOVED to enact Ordinance No. 3224-2021 and Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. Vice Mayor Molloy thanked the Clerk for her work on the ordinance; noted it was appropriate for a work session and a second public hearing to be held to provide for more discussion regarding the code rewrite. He also noted that the code rewrite sought to align with KPB procedures due to the transition to borough equipment, put past practice into code, include spelled out provisions instead of incorporating by reference, and a few changes being put forth such as allowances for poll watchers and the ability to cure. Appreciation was expressed for the opportunity for a work session and a second public hearing. MOTION TO AMEND: Vice Mayor Molloy MOVED to amend Ordinance No. 3224-2021 by inserting the word authorized in the blank in fourth whereas clause. Council Member Knackstedt SECONDED the motion. UNANIMOUS CONSENT was requested. Page 52 City of Kenai Council Meeting Page 5 of 10 August 4, 2021 VOTE ON AMENDMENT: There being no objection; SO ORDERED. The attorney was asked to provide a sectional analysis table on the ordinance. MOTION: Council Member Pettey MOVED to schedule a work session for September 1, 2021 beginning at 4:00pm and Vice Mayor Molloy SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE ON MOTION: There being no objection; SO ORDERED. MOTION TO POSTPONE: Vice Mayor Molloy MOVED to postpone to the September 15 meeting and hold a second public hearing at that meeting. Council Member Winger SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE ON MOTION TO POSTPONE: There being no objection; SO ORDERED. 5. Resolution No. 2021-53 - Authorizing the City Manager to Execute a Memorandum of Agreement with the State of Alaska Department of Transportation and Public Facilities for Design, Construction and Maintenance of the Kenai Bridge Access Road Pathway Project. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2021-53 and Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. Enthusiasm was expressed regarding the completion of the project; hopeful that the Kenai River Marathon will again be able to certify as a qualifier marathon for the Boston Marathon. The City Manager added that, in a more recent version of the agreement, an opportunity for the City to review design documents at certain points during the design was included. Clarification was provided that the agreement included an indemnification clause which provided for 6 years which protected the City if there was negligence on the part of State. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. E. MINUTES 1. *Regular Meeting of July 7, 2021. (City Clerk) Approved by the consent agenda. Page 53 City of Kenai Council Meeting Page 6 of 10 August 4, 2021 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. Action/Approval - Purchase Orders Over $15,000. (Administration) Clarification was provided that the purchase order to Divining Point was authorized by Council in the budget and the scope of work still being developed. It was anticipated the work would be extending work, similar to what had been done in the past, to areas beyond the West Coast. Clarification was also provided that a presentation was planned for Council in September and a finalized scope of work would be brought forth as soon as it was completed. MOTION: Vice Mayor Molloy MOVED to approve purchase orders over $15,000. Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objection; SO ORDERED. 3. *Action/Approval - Non-Objection to Marijuana License Renewals for Red Run Cannabis Company, LLC, Red Run Cannabis Cultivators, LLC, and Cook Inlet Cannabis Company. (City Clerk) Approved by the consent agenda. 4. *Action/Approval - Special Use Permit to Kenai Chamber of Commerce & Visitor Center for Moosemeat John Cabin. (Administration) Approved by the consent agenda. 5. *Ordinance No. 3226-2021 - Increasing Fiscal Year 2021 Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) Introduced by the consent agenda and Public Hearing set for August 18, 2021. 6. *Ordinance No. 3227-2021 - 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, Increasing Estimated Revenues and Appropriations in the General Fund - Fire Department, and Authorizing the Sole Source Purchase of Portable Radios and Accessories for the Fire Department. (Administration) Introduced by the consent agenda and Public Hearing set for August 18, 2021. Page 54 City of Kenai Council Meeting Page 7 of 10 August 4, 2021 7. *Ordinance No. 3228-2021 - Increasing Estimated Revenues and Appropriations in the Airport Fund, Terminal Repair and Maintenance Department for Expenditures in Excess of Budgeted Amounts Related to Damage to Terminal Building Siding and Authorizing a Purchase Order to Blazy Construction, Inc. (Administration) Introduced by the consent agenda and Public Hearing set for August 18, 2021. 8. *Ordinance No. 3229-2021 - Accepting a Grant from the Federal Aviation Administration and Increasing Estimated Revenues and Appropriations in the Airport Snow Removal Equipment Capital Project Fund. (Administration) Introduced by the consent agenda and Public Hearing set for August 18, 2021. 9. *Ordinance No. 3230-2021 - Increasing Estimated Revenues and Appropriations in the General Fund - Fire Department for the Purchase of Extrication Equipment Needed to Provide Emergency Response to Motor Vehicle Accidents. (Administration) Introduced by the consent agenda and Public Hearing set for August 18, 2021. 10. *Ordinance No. 3231-2021 - Increasing Estimated Revenues and Appropriations in the COVID-19 Cares Act Recovery Fund for a Federal Cares Act Grant Passed Through the State of Alaska Department of Public Safety for Overtime and Direct Expenditures of the Police, Fire, and Communications Departments of the City. (Administration) Introduced by the consent agenda and Public Hearing set for August 18, 2021. 11. *Ordinance No. 3232-2021 - Increasing Estimated Revenues and Appropriations in the General Fund, Kenai Fine Arts Center Capital Project Fund and Amending the Lease for a Portion of Lot 3, Block 17, Original Townsite of Kenai for the Kenai Fine Arts Center to Provide Additional Funding for Improvements and Modifications Amendment to the Lease for the Kenai Fine Arts Center. (Administration) Introduced by the consent agenda and Public Hearing set for August 18, 2021. 12. Action/Approval - Assignment and Assumption of Lease Agreement from Hilcorp Alaska, LLC to Kenai Beluga Pipeline, LLC. (Administration) MOTION: Vice Mayor Molloy MOVED to approve the Assignment and Assumption of Lease Agreement from Hilcorp Alaska, LLC to Kenai Beluga Pipeline, LLC. Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objection; SO ORDERED. H. COMMISSION / COMMITTEE REPORTS Page 55 City of Kenai Council Meeting Page 8 of 10 August 4, 2021 1. Council on Aging – Council Member Pettey reported on the meeting of July 8, 2021. Next meeting August 12, 2021. 2. Airport Commission – No report. Next meeting September 9, 2021. 3. Harbor Commission – No report. Next meeting September 13, 2021. 4. Parks and Recreation Commission –Council Member Winger noted that the Parks and Recreation Commission and the Beautification Committee has scheduled their garden tour for Tuesday, August 10, 2021. Next meeting September 2, 2021. 5. Planning and Zoning Commission – Council Member Glendening reported on the meetings of July 14, 2021 and July 28, 2021. Next meeting August 11, 2021. 6. Beautification Committee – No report. Next meeting September 14, 2021. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Thanked everyone who attended the work session on waterfront revitalization; noting he looked forward to that process; • The Kenai Peninsula Hockey Association squirt hockey team won the state tournament; • COVID cases were increasing and encouraged mitigation techniques such as washing hands often and being on guard as far as personal hygiene. J. ADMINISTRATION REPORTS 1. City Manager –City Manager Ostrander reported on the following: • The personal use fishery went smoothly noting there was good participation this year; dipnet report will be published in same general timeframe as usual; • Hired a grant writer and is looking forward to that work beginning; • Noted that despite COVID numbers being up considerably he had no plans to change operations in city facilities; five employees were out COVID positive which was higher than any other time to date; • Reminded Council of the ribbon cutting ceremony at the Airport was scheduled for Friday, August 6th at noon; • The infrastructure bill in congress provided a significant amount of money on coastal projects and the Bluff Erosion Project would likely be funded which meant that archive data was being collected and other data was being sifted through to determine what additional information needed to be obtained; added that our efforts needed to double regarding how to schedule and structure the local match. • The Kenai Peninsula Borough was drafting joint resolution to put forth to the Cities for support for their grant for Spruce Bark Beetle mitigation. 2. City Attorney – No report. Page 56 City of Kenai Council Meeting Page 9 of 10 August 4, 2021 3. City Clerk – City Clerk Heinz reported on the following: • Candidate filing period opened; no applicants to date. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Council Member Askin had no comments. Council Member Winger shared an invite she had received to welcome Lydia Jacobs back home in Seward; She thanked those that attended the work session; noted school was back in session beginning August 17th; and encouraged everyone to be bear aware. Council Member Glendening noted reports of dramatic incidents during the personal use fishery and encouraged increased patrols and inviting the US Coast Guard to also patrol; asked if Administration could visit with management of Walmart due to the empty shelves in the store; and noted the dog park initiative was going well and asked council members to donate to the park. Council Member Pettey expressed gratitude for the successful personal use fishery recognizing the trooper and Good Samaritan who rescued a boy who had been swept away by the river current; thanked administration and public participation in the work session regarding waterfront revitalization; and loved the concept of making the right turn to Kenai for its stellar view. Vice Mayor Molloy noted he was regrettably unable to attend the ribbon cutting ceremony at the airport but noted it was fantastic that the project was completed and that it looked good; noted a proclamation given to the squirt hockey team by Representative Gillham while he was acting Mayor adding that Coach McGlasson missed Mayor Gabriel because Mayor Gabriel was Coach McGlasson’s coach in the past; passed on appreciation for the multi-purpose facility remaining open during the pandemic; noted the work session was limited to waterfront revitalization and looks forward to other economic development incentives administration was working on; explained propositions he was working on but ultimately decided to not put forth; and noted upcoming work on Conditional Use Permit criteria ordinance. Council Member Knackstedt noted a lot of cool things were happening; looking forward to the ribbon cutting ceremony at the airport adding that the old airport terminal still existed, it was the AMVETS; noted another big airport project coming up was the runway repaving; looking forward to the potential waterfront revitalization; and thought the news was great regarding the Bluff Erosion Project. L. EXECUTIVE SESSION 1. Review and Discussion of the Terms of Employment Agreement for the City Clerk which, Pursuant to AS 44.62.310(c)(2) May be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk. Page 57 City of Kenai Council Meeting Page 10 of 10 August 4, 2021 MOTION: Vice Mayor Molloy MOVED to enter into executive session to review and discuss the Terms of Employment Agreement for the City Clerk which, pursuant to AS 44.62.310(c)(2) may be a subject that tends to prejudice the reputation and character of the City, requested the attendance of City Clerk, Jamie Heinz, as needed. Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections; SO ORDERED. Council reconvened in open session and it was noted for the record that Council met in executive session and reviewed and discussed the City Clerk’s Terms of Employment Agreement with the City Clerk. M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 There being no further business before the Council, the meeting was adjourned at 8:49 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of August 4, 2021. _____________________________ Jamie Heinz, MMC City Clerk Page 58 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: AUGUST 18, 2021 VENDOR DESCRIPTION PERS PERS HOMER ELECTRIC ELECTRIC USAGE INVESTMENTS VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 98,739.11 VARIOUS UTILITIES 102,686.59 MATURITY DATE AMOUNT Effect. Int. Page 59 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3234-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT IMPROVEMENTS CAPITAL PROJECT FUND, AMENDING THE CITY’S PROFESSIONAL SERVICES AGREEMENT WITH HDL ENGINEERING CONSULTANTS, ACCEPTING GRANT FUNDING FROM THE FEDERAL AVIATION ADMINISTRATION, AND ISSUING A PURCHASE ORDER FOR CONSTRUCTION OF THE 2021 AIRFIELD DRAINAGE REHABILITATION PROJECT AT THE KENAI MUNICIPAL AIRPORT. WHEREAS, HDL Engineering Consultants has completed the initial design phase for the Airfield Drainage Project, also known as Task 5 under our current agreement, and final bid documents were provided to the City on July 26, 2021 and formally released for bids on July 28, 2021 with bids due on August 19, 2021; and, WHEREAS, this project is addressing approximately 500 lineal feet of failing storm water infrastructure within the safety area of the runway at the Kenai Municipal Airport; and, WHEREAS, the amendment to the professional services agreement will provide for Construction Administrative services in the amount of $19,720; and, WHEREAS, the Grant to be received from the Federal Aviation Administration is anticipated to be in the amount of $506,500, with $474,844 as the federal share and $31,656 as the City share; and, WHEREAS, the City has already contributed $300,000 to start the project, the majority of which will be returned to the Airport Special Revenue Fund where it can allocated to other projects in the future; and, WHEREAS, the grant amounts above include all costs associated with Design, Construction, City Administration and permit fees; and, WHEREAS, the following bids were received on August 19, 2021 and ______________ was found to be the lowest responsive responsible bidder; Company Bid Amount ; and, WHEREAS, Award to _________________ is in the best interest of the City. Page 60 Ordinance No. 3234-2021 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. The City Manager is authorized to execute a professional services agreement amendment in the amount of $19,720 to HDL Engineering Consultants and increase their existing Purchase Order 121702 by the same amount. Section 2. The City Manager is authorized to accept a grant from the Federal Aviation Administration in support of this project and to expend the funds in adherence to the grant conditions and this ordinance. Section 3. The City Manager is authorized to execute a construction contract in the amount of $XXX,XXX with _____________, the lowest qualified bidder, and issue a purchase order in the amount of $______________ for construction including contingency of $XX,XXX. Section 4. That the estimated revenues and appropriations be increased as follows: Airport Improvement Capital Project Fund: Increase Estimated Revenues – FAA Grant $474,844 Increase Appropriations: KMA Airfield Drainage Improvements Project – Construction $474,844 Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of September, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Page 61 Ordinance No. 3234-2021 Page 3 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Approved by Finance: _________________ Introduced: August 18, 2021 Enacted: September 1, 2021 Effective: September 1, 2021 Page 62 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin DATE: August 12, 2021 SUBJECT: Ordinance No. 3234-2021 The purpose of this memo is to request Council’s approval to accept grant funding from the Federal Aviation Administration (FAA) for the 2021 KMA Airfield Drainage Improvements project. As council may recall last fall, Airport Operations Staff started to notice settlement within the safety field areas of the runway. HDL Engineering was tasked with identifying the source and extent of the issues. A CCTV Camera inspection was conducted in December 2020 which identified the areas of the failing pipeline to be included within this project. Staff and consultants working through our FAA partners developed the project with finalized bid ready construction documents becoming available on July 26, 2021. The project was formally released for bids on July 28, 2021 and bids are due on August 19, 2021. Council should anticipate amendments to the Ordinance at the September 1, 2021 council meeting to fill in the blanks based on the actual bids received. As the construction season is nearing the end, the department is intending on completing this work prior to winter setting in, which is why the Ordinance is being introduced prior to bid opening. Successful completion of this work will save KMA staff the time and maintenance with having to continually fill in sink holes within this area in order to maintain a safe airfield. This project is of a limited scope resolving high priority storm water pipeline failures roughly in the amount of five hundred lineal feet. More of this type of work is expected to be completed within a future runway rehabilitation project. The new piping is expected to last for decades. Council’s support is respectfully requested. Page 63 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3235-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE STATE OF ALASKA FOR THE PURCHASE OF LIBRARY BOOKS. WHEREAS, the City of Kenai received a grant from the State of Alaska, Department of Education and Early Development for the purchase of library books; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. 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 State of Alaska, Department of Education and Early Development in the amount of $7,000 for the purchase of library books and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this Ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Library—State Grants $7,000 Increase Appropriations – Library--Books $7,000 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 immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of September, 2021. Page 64 Ordinance No. 3235-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: August 18, 2021 Enacted: September 1, 2021 Effective: September 1, 2021 Page 65 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: August 5, 2021 SUBJECT: Ordinance 3235-2021 Accepting and Appropriating a Grant from the State of Alaska The Library has been awarded the annual Public Library Assistance Grant by the State of Alaska, Department of Education and Early Development. As per the grant award, the amount of $7,000 is to be used for the purchase of books and should be deposited in account 001-440-4666. The Library Director completes an application each year in order to receive these funds. Certain minimum standards must be met in order to receive this grant. These include reporting requirements on expenditures and collection statistics, the number of hours that the library is open to the public, minimum educational requirements for the Library Director and continuing education requirements. Your consideration is appreciated. Page 66 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3236-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL ZONING MAP BY REZONING T 5N R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 FROM SUBURBAN RESIDENTIAL TO GENERAL COMMERCIAL. WHEREAS, T 5N R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 is currently zoned Suburban Residential; and, WHEREAS, the City of Kenai received a rezone application from the majority property owner in accordance with Kenai Municipal Code 14.20.270, Amendment Procedures; and, WHEREAS, the RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems; and, WHEREAS, the CG Zone is intended to provide for areas where a broad range of retail, wholesale, and service establishments is desirable and uses are regulated to concentrate commercial development to the greatest extent possible; and, WHEREAS, the rezone request enlarges an adjacent zoning district boundary; and, WHEREAS, access to the area to be rezoned is provided via an easement from the adjacent Kenaitze Indian Tribe owned parcel at 11823 Kenai Spur Highway; and, WHEREAS, other parcels in the CG Zone border are adjacent to the subject parcel, creating a contiguous CG Zone border; and, WHEREAS, the CG Zone is consistent with commercial development in the vicinity and will not impact residential housing or the quality of neighborhoods within the City; and, WHEREAS, the rezone is consistent with Goal 2 – Economic Development: Provide economic development to support the fiscal health of Kenai of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan; and, WHEREAS, the rezone is consistent with Goal 3 – Land Use: Develop land use strategies to implement a forward-looking approach to community growth and development of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan; and, WHEREAS, the City of Kenai Planning and Zoning Commission voted unanimously to recommend the property be rezoned to General Commercial during a public hearing held at their meeting on July 28, 2021. Page 67 Ordinance No. 3236-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That pursuant to KMC 14.20.030 Establishment of Zones and Official Zoning Map, the official City of Kenai Zoning Map is hereby amended by rezoning T 5N R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 at KPB#04702011 from Suburban Residential (RS) to General Commercial (CG). 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. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of September, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Introduced: August 18, 2021 Enacted: September 1, 2021 Effective: October 1, 2021 Page 68 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: August 10, 2021 SUBJECT: Ordinance 3236-2021 – Rezone Parcel KPB# 04702011 from Suburban Residential to General Commercial A completed application was submitted to the City requesting that parcel KPB# 04702011 T 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34, located adjacent to 11823 Kenai Spur Highway, be rezoned from Suburban Residential (RS) to General Commercial (CG). Kenai Municipal Code (KMC) 14.20.270, Amendment procedures, describes initiation of zoning code and official map amendments. Zoning code amendments may be initiated by a submission of a petition by a majority of the property owners in the area for consideration only if the area to be rezoned contains a minimum of one acre unless the amendment enlarges an adjacent district boundary. The Kenaitze Indian Tribe is the owner of adjacent parcels zoned General Commercial, KPB# 04702199 consisting of 4.82 acres and KPB# 04702017 consisting of 0.11 acres, for a total of approximately 4.93 acres adjacent to the subject property. The requested rezone meets the criteria for an amendment. The subject parcel is located between the Kenai Spur Highway and Spruce Street, with no direct road access from the property. Access is provided via an easement from the adjacent Kenaitze Indian Tribe owned parcel at 11823 Kenai Spur Highway. The subject parcel is vacant and surrounded by vacant land to the north (zoned General Commercial), south (zoned Suburban Residential), and east (zoned Townsite Historic). To the west is Our Lady of Angels Parish of Archdiocese of Anchorage, which is zoned Suburban Residential (RS). The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The CG Zone is intended to provide for areas where a broad range of retail, wholesale, and service establishments is desirable. Uses are regulated to concentrate commercial development to the greatest extent possible and new residential uses and other noncommercial uses are not permitted in this zone as principal uses. The CG Zone is more consistent with the location/layout of the parcel. The applicant has indicated plans for building two greenhouses for private use, which requires a conditional use permit in the RS Zone, but does not require a conditional use permit in a CG Zone. A neighborhood is not adjacent to the subject parcel and a rezone would not impact residential housing or the quality of Page 69 Page 2 of 2 neighborhoods within the City. Spruce Street is a paved and city-maintained street. City sewer and water is located in the Spruce Street right-of-way. The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan supports this rezoning in several ways: • Goal 2 – Economic Development: Provide economic development to support the fiscal health of Kenai. o ED-6: Prior to zoning property to commercial, consider if use has access to collector or arterial road, access to city services, and that potential conflicts with adjacent non-commercial use have been minimized through site design, landscaping, or other appropriate measures. The subject parcel shares access to both Spruce Street and the Kenai Spur Highway with 11823 Kenai Spur Highway to the north. City services such as sewer, water, and paved roads are in the vicinity of the subject parcel. Non-commercial uses should not be negatively impacted by the rezoning. The only non-commercial use adjacent to the subject parcel is the Our Lady of Angels Parish of Archdiocese of Anchorage, which is fronted on Spruce Street, and the subject parcel is behind them. • Goal 3 – Land Use: Develop land use strategies to implement a forward-looking approach to community growth and development. o LU-1: Establish siting and design standards so that development is in harmony and scale with surrounding uses. A rezoning to CG would align the parcel with the much larger parcel to the north that is zoned CG. The Kenaitze Indian Tribe owns both of these parcels. o LU-2: Promote the infill of existing, improved subdivision lots. The parcel is currently vacant and underutilized. Two greenhouses are proposed for the property. o LU-11: Where feasible, consolidate access to and between land uses via frontage roads or by shared driveways onto main streets/highways. The subject parcel shares access to Spruce Street with the parcel to the north. The Kenai Planning and Zoning Commission considered this request during their meeting on July 28, 2021 and unanimously recommended City Council approve of the rezone request for T 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34 located adjacent to 11823 Kenai Spur Highway from the Suburban Residential Zone to the General Commercial Zone. The Planning and Zoning Commission recommended the property owner contact the City of Kenai Planning and Zoning Department to assign an address to the parcel. Thank you for your consideration. Attachment A: Rezoning Application Attachment B: Planning and Zoning Commission Resolution PZ2021-27 Attachment C: Parcel Map Page 70 City of Kenai JC Planning and Zoning Department Rezoning 210 Fidalgo Avenue Kenai, AK 99611 Application (907) 283-8200 p!anning@kenai.city www. lcenai.citylplanning -!.:_.=-·····~ ~· -- Name: Kenaitze Indian Tribe MaHing Address: 150 Willow Street lcny. I Ke nai State: lAk IZ•p COOe: I 99611 Phone Number(s): (9U f) 335-t ouu tq 0'1-S Vi ... 7 t,.,q2. c..u..J- Email: dohler@kenaitze.org I:,, :-1e1~ :1 ~• A111,..,1 !l'tJ••m•••• re11..•1 .. -- Kenai Peninsula Borough Parcel# (s): I 04102011 Physical Address: 11823 Kenai Spur Highway legal Description: T 5 N R 11W SEC 6 Seward Meridian KN North 150 Ft of GOVT Lot 34 T.l•h'l h'IC"iltl~ 12•1 •1.Y,W•••••l>"I .. - Present Zone; Suburban Reside nt ia l Proposed Zone: Genera l Commercial Intended Use and/or Reason for Rezoning (attach additional sheets if necessary}: To erect one existing and one new greenhouse for private use --~:1'if!.~~i··-l9llll~lii3!l!Jt..a;!I ~ l!j The area proposed to be rezoned contains a minimum of 1 acre (exducing street or alley rights-NO DYES of-way), unless the amendment en larges an adjacent zoning district boundary. See attached This proposed amendment to the zoning ordinance Is not substantially the same as any other mves unapproved proposed amendment submitted within the previous 9 months. I understand a public hearing is required as outlined in the Kenai Zoning Code. a fee is required IX! YES as posted In the City's Fee Schedule, and that this application wiU be reviewed followfng Kenai City Code 14.20.270, available at kenai.municipal.codesJKMC/14.20.270. I have included a map of the proposed rezone area and applicable signatures. ~YES The proposed Zoning Code and Officia l Zoning Map Amendments is initiated by (check one): D KenaJ City Counctl D Kenai Planning & Zoning Commission ii Petition of majority of the property owners in the area to be rezoned D Petition bearing the signatures of 50 registered voters within the City of Kenai 0 Petition as provided by the Home Rule Charter Of the City of Kenai I fil1J l~ ldPci .. --(~-1(1!1 ;~ Signature: AL/A~ vY I LJ' ~ Printed Name: Dawn N e lson , Exqcutive Dire ctor I Date: I c. . l5 ·,,). 0 df/ For City u .. Only Date Application Fee Received : C.-[ 2? / 21 PZ Resolution Number: ? 2..-211 2..l - Page 71 City of Kenai 11823 Kenai Spur Highway Property Rezoning Application Additional Narrative 06-08-2021 The 11823 Kenai Spur Highway property spanning between Kenai Spur Highway and Spruce Avenue is owned by the Kenaitze Indian Tribe and consists of three parcels of property. The Parcel No.'s are as follows: 04702017, 04702199, and 04702011. Parcel No.'s 04702017 and 04702199 are zoned General Commercial, and Parcel No. 04702011 is zoned as Suburban Residential. Parcel No. 04702011 is a land-lock parcel with no designated road access, with property ownership by Our Lady of Angels on the West and South side and Diocese of Sitka & Alaska Orthodox Church on the West side. It is unknown at this time the zoning of these three properties. The parcel In question is shy of the 1 acre requi_rement for rezoning equati ng to .92. However, Parce l No.'s 04702017 and 04702199 are zoned General Commercial and Kenaitze Indian Tribe request to have the adjoining parcel 04702011 zoned the same as parcels 04702017 and 04702199. Page 72 JC Ki;NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-27 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI APPROVE THE REZONE REQUEST T 5N R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 FROM SUBURBAN RESIDENTIAL TO GENERAL COMMERCIAL WHEREAS, the City of Kenai received a rezone application from the majority property owner in accordance with Kenai Municipal Code 14.20.270, Amendment procedures; and, WHEREAS, the RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems; and, W HE REAS, the CG Zone is inte nded to provide for areas where a broad range of retail, wholesale, and service establishments is desirable and uses are regulated to concentrate commercial development to the greatest extent possible ; and, W HEREAS, the rezone request enlarges an adjacent zoning district boundary; and, WHEREAS, access to the area to be rezoned is provided via an easement from the adjacent Kenaitze Indian Tribe owned parcel at 11823 Kenai Spur Highway; and. WHEREAS, other parcels in the CG Zone border are adjacent to the subject parcel, creating a contiguous CG Zone border; and, WHEREAS, the CG Zone is consistent with commercial development in the vicinity and will not impact residential housing or the quality of neighborhoods within the City; and, WHEREAS, the rezone is consistent with Goal 2 -E conomic Development: Provide economic development to support the fiscal health of Kenai of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan. W HER EAS, t he rezone is consistent with Goal 3 -Lan d Use: Deve lop land use strategies to implement a forward-looking approach to community growth and development of the 2016 Imagine Kenai 2030 City of Kenai Comprehens ive Plan. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI , ALASKA: Section 1. That the Kenai City Council approve of the rezone request of T SN R 11W SEC 6 SEWARD MERIDIAN KN NORTH 150 FT OF GOVT LOT 34 from Suburban Residential to General Commercial. Page 73 Resolution No. PZ2021-27 Page 2 of 2 Section 2. That a copy of Resolution PZ2021-27 be forwarded to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28th day of July, 2021 . ATTEST: RK Page 74 ORDINANCE 3236-2021 REZONINGT 5N R 11W SEC 6 Seward Meridian KN North 150 FT OF GOVT Lot 34KPB #04702011 S SPRUCE STK E N AI S P U R H W YBIRCH ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 8040 Feet LEGEND Su bject Parcel Date: 8/10/2021 Page 75 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3237-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND – LAND ADMINISTRATION DEPARTMENT TO PROVIDE FUNDING FOR A KENAI WATERFRONT REVITALIZATION FEASIBILITY STUDY. WHEREAS, the City of Kenai 2030 Comprehensive Plan states that the City should develop land use strategies to implement a forward-looking approach to community growth and development; and, WHEREAS, the Comprehensive Plan specifically identifies the waterfront adjacent to Bridge Access Road beginning at Millennium Square to the City Dock as an area where revitalization strategies should be explored; and, WHEREAS, the City Council held a work session on August 4, 2021 to gauge the interest of the community in the revitalization of this area and to discuss the need for a feasibility report that will refine the vision of the community, determine if redevelopment of this area fits into the community’s goals and objectives, determine what types of development is most appropriate, and identify how the City can best support revitalization of the area; and, WHEREAS, the estimated cost of the feasibility report, based on the preliminary scope of work and the cost of similar studies in other communities in Alaska is $75,000; and, WHEREAS, due to the unique nature of this work and the possibility that additional items may be identified that should be added to the scope of the contract, this ordinance appropriates $20,000 in contingency; and, WHEREAS, the Airport Commission reviewed the Kenai Waterfront Revitalization and Economic Incentives materials provided at the August 4, 2021 Work Session at its meeting on August 26, 2021 and recommended ____________________; and, WHEREAS, the Harbor Commission reviewed the Kenai Waterfront Revitalization and Economic Incentives materials provided at the August 4, 2021 Work Session at its meeting on August 23, 2021 and recommended ____________________; and, WHEREAS, the Planning and Zoning Commission reviewed the Kenai Waterfront Revitalization and Economic Incentives materials provided at the August 4, 2021 Work Session at its meeting on August 25, 2021 and recommended ____________________; and, Page 76 Ordinance No. 3237-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, the recommendation in the City of Kenai Comprehensive Plan to review revitalization strategies in this area, the public support demonstrated during the Council August 4, 2021 work session, and the transformative opportunity for economic development and community enhancement through the redevelopment of this area demonstrates that funding a feasibility study for this area is in the best interest of the residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $95,000 Increase Appropriations – Land Administration – Professional Services $95,000 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 immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of September, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: August 18, 2021 Enacted: September 1, 2021 Effective: September 1, 2021 Page 77 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: August 10, 2021 SUBJECT: Ordinance 3237-2021 – Appropriation to Fund a Kenai Waterfront Revitalization Feasibility Study At the August 4, 2021 Council work session, administration presented the framework of a process to pursue revitalization strategies on the Kenai waterfront and received testimony from the public and feedback and direction from Council. The effort to determine how the City can facilitate the redevelopment of our waterfront will be a multi-year effort with the first step being the completion of a feasibility study. Ordinance 3237-2021 will appropriate $95,000 from the City’s General Fund to pay for the Study. This includes $20,000 in contingency due to the unique nature of the Study and the possibility that the scope of work may change as the project unfolds. The draft scope of work for the feasibility study is under development and will be provided for the September 1, 2021 Council meeting. Generally, the scope will be focused on the following: • Evaluate market conditions and identify opportunities for potential revitalization of the area • Review and recommend any necessary changes to existing plans, zoning, and/or regulations • Engage community and develop vision, core concepts, and priorities • Assess infrastructure needs to support redevelopment • Identify economic investments and incentives that encourage development • Prepare examples of conceptual plans for potential site redevelopment alternatives • Prepare financial analysis to evaluate the feasibility of redevelopment concepts It is evident from public testimony that there is significant interest in development of this area to achieve its full potential. Because of the transformative opportunity that development of this area has for the City, a Study that will identify how the City can best support revitalization of the area is an important first step. Thank you for your consideration. Page 78 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: August 10, 2021 SUBJECT: Action/Approval – Special Use Permit to Boys & Girls Club The Boys & Girls Club of the Kenai Peninsula, a non-profit organization, is requesting use of the second floor of the Alaska Regional Fire Training Facility to operate an afterschool program. The facility’s second floor has approximately 3,800 square feet of vacant classroom and office space available. A Special Use Permit allows temporary use for a term not to exceed one year and includes language that allows either party to cancel for any reason with 30 days’ written notice. The City has received a Special Use Application along with payment. City Council approval for a one-dollar-per-month ($1) Special Use Permit will allow the Boys & Girls Club of the Kenai Peninsula to provide support for the academic needs of the youth in the Kenai area. Thank you for your consideration. Page 79 Special Use Permit—Boys and Girls Club Page 1 of 6 SPECIAL USE PERMIT – 2021 The CITY OF KENAI (City) grants to Boys and Girls Club of the Kenai Peninsula, an incorporated 501(c)(3) non-profit youth development organization (Permittee), a Special Use Permit to operate an afterschool program in the City’s Alaska Regional Fire Training Facility subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use approximately 3,800 square feet of vacant classroom and office space on the second floor of the Alaska Regional Fire Training Facility. 2. Term. The term of this Permit shall be for not more than 1 year as needed commencing on September 1, 2021. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $1.00 plus applicable sales tax. 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. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of 10% per annum, and penalty of 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 Termination) 4. Use. City authorizes Permittee’s non-exclusive use of the Premises for the following purpose(s): After School Programming. NOTE: This permit does not guarantee the exclusive use of the area City reserves the right to re-assign Permittee, upon reasonable notice, to other areas as airport needs may require. 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 80 Special Use Permit—Boys and Girls Club Page 2 of 6 Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. 5. Duties of the Permittee. The Permittee will: 1. Oversee Boys & Girls Clubs after school programming 2. Employ adequate personnel for the after-school program in accordance with Permittee policies and procedures. 3. Assist with janitorial needs by leaving all programming areas in acceptable condition and will work with building administrator to meet janitorial needs for any area used by Boys & Girls Clubs programs. In the event janitorial services are required after an event, the expense for these services will be back billed to Permittee. 4. Meet with City administrators to finalize specific expectations and schedules. 5. Set and enforce reasonable expectations for Club member behavior. 6. Keep the premises in a neat and clean condition. 7. Seek specific approval from the City prior to altering the premises in any manner. 8. Work cooperatively with any other tenants in the facility to minimize impact and business disruptions. 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 7. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 8. 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. Page 81 Special Use Permit—Boys and Girls Club Page 3 of 6 B. Worker’s compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker’s compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the 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. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. 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. 9. 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 and access to the premises and its exercise of the privileges granted in this Permit. Page 82 Special Use Permit—Boys and Girls Club Page 4 of 6 10. 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, Permittee’s access to the premises, and/or Permittee’s exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 11. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 12. No Discrimination. Permittee shall not discriminate against any person because of the person’s race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. 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. 13. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 14. 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. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport’s eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City’s grant assurances and federal obligations. 15. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the premises. 16. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. Page 83 Special Use Permit—Boys and Girls Club Page 5 of 6 17. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 18. 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. 19. 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 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its clients or invitees. 20. Termination; Default. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety or due to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 21. Definitions. As used in this Permit, “Permittee” means Boys and Girls Club of Kenai Peninsula, Inc. and where the context reasonably indicates, its officers, agents, and employees. “Airport” means the Kenai Municipal Airport. CITY OF KENAI BOYS AND GIRLS CLUB By: By: Paul Ostrander Date Rachel Chaffee Date City Manager Executive Director ACKNOWLEDGMENTS Page 84 Special Use Permit—Boys and Girls Club Page 6 of 6 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2021, 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 , 2021, the foregoing instrument was acknowledged before me by Rachel Chaffee, Executive Director of Boys and Girls Club of the Kenai Peninsula, Inc., an Alaska non-profit corporation, on behalf of the corporation. ATTEST: Notary Public for Alaska My Commission Expires: Jamie Heinz, City Clerk SEAL: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Page 85 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: August 13, 2021 SUBJECT: Action/Approval – Letter of Support for a Kenaitze Indian Tribe Grant Request for a Pilot Fixed-Route Transportation Program The Kenaitze Indian Tribe has requested that the City provide a letter of support for a grant application they are submitting that would fund a pilot program for a fixed route transportation system. The following was provided by the Tribe: Kenaitze is planning to pilot fixed-route bus service along the three (3) major central Kenai Peninsula corridors—the Kenai Spur Hwy (KSH), from Nikiski in the north, through the City of Kenai, and ending in Soldotna in the south; the Sterling Highway, from Sterling in the north, through Soldotna to the Kalifornsky Beach (K-Beach) Road junction in the south; and K-Beach Road, from the Sterling Highway junction in the east to the City of Kenai in the west. Two (2) routes are planned for the 2-year Bus Pilot: a “Nikiski” route, running from Nikiski on the west side of the Tribe’s service area, through the City of Kenai along KSH to Soldotna, and returning westbound along the northern section of K-Beach Road through Kenai back to Nikiski; and a “Sterling” route, running from Sterling on the east side of the Tribe’s service area, through Soldotna along the Sterling Hwy and KSH to the City of Kenai, and returning eastbound along the northern section of K-Beach Road through Soldotna back to Sterling. Fixed-route service would be provided daily (Monday–Saturday), with key stops along each route identified by reflective, Kenaitze-branded “Bus Stop” signs affixed to existing signposts just below the street marker. Rural regions nationwide already know that reliable, affordable, and accessible systems of public transit are integral to a healthy community and economy; a dependable, fixed-route bus service would enable riders to save money on the major segments of their trips, and arrange transportation to/from the bus stop using extant service providers, such as CARTS or Alaska Cab, to take them to their final destinations. The City will not be making a financial commitment to the program. I am respectfully asking Council to make a motion in support of Mayor Gabriel signing the attached letter of support. Thank you for your consideration. Page 86 The Honorable Peter Buttigieg Secretary of Transportation U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 Dear Secretary Buttigieg, I am writing this letter in support of the Kenaitze Indian Tribe’s proposal to the Federal Transit Administration (FTA) “Public Transportation on Indian Reservations” discretionary grant program to fund fixed-route bus service for communities on the central Kenai Peninsula. As many other rural regions of the state and across the nation can attest, a reliable and affordable system of public transit has become increasingly important for a healthy community and economy. For generations, the need for affordable public transit options throughout the central Kenai Peninsula has gone largely unfulfilled. Many low-income individuals living in the Tribe’s service area cannot afford to purchase private vehicles, sustain servicing and repair costs, or maintain insurance coverage. Although many of the region’s needs are met by the zone-based fare structure offered by Central Area Rural Transit System (CARTS), even this service is cost- prohibitive for commuters who must cross several zones to travel from home to work and back. In order to expand transportation access and options across the area, Kenaitze is proposing to pilot a fixed-route bus service connecting the communities of Nikiski, Kenai, Soldotna, and Sterling; and operating along the Kenai Spur Highway, the Sterling Highway, and Kalifornsky Beach Road that will complement the existing service provided by CARTS. Through improved coordination with local and regional partners, including the Kenai Peninsula Borough, this proposal seeks to leverage existing transportation resources with new start-up funding, and make the entire transit network more efficient for providers and less costly for patrons. I strongly support the efforts of Kenaitze Indian Tribe to expand and enhance the availability of affordable public transit options not only for the region’s Alaska Native and Tribal citizenry, but for the many low-income, disabled, and other community members who continue to encounter access barriers to education, commerce, and employment because of a lack of connectivity to regional resources. In the event this project is selected for funding, the City of Kenai is committed to meeting with the Tribe’s leadership to develop a more durable Memorandum of Understanding (MOU) or similar agreement that expresses our respective contributions to the success of this fixed-route service pilot. Sincerely, Brian Gabriel Sr. Mayor Page 87 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: August 13, 2021 SUBJECT: Action / Approval – Potential Partnership with the City of Soldotna to Provide 9-1-1 Dispatch Services The City of Soldotna has requested to work with the City of Kenai to assess the feasibility of consolidating 9-1-1 dispatch services. The structure of any agreement with Soldotna would be similar to our current agreement that provides animal control shelter services. Kenai would provide 9-1-1 dispatch services to the Soldotna Police Department on a contract basis. I am respectfully requesting the Council make a motion directing administration to perform the due diligence necessary to determine if this partnership is in the best interests of the City of Kenai and bring a recommendation back to Council. Thank you for your consideration. Attach: Request letter from the City of Soldotna Page 88      SOLDOTNA City of Soldotna, Alaska 177 North Birch Street Soldotna, AK 99669 907.262.9107 www.soldotna.org   Thursday, August 12, 2021  Paul Ostrander  City Manager  City of Kenai, Alaska  via email: postrander@kenai.city      Dear Mr. Ostrander:  We are in the process of re‐evaluating how best to provide dispatch services for the Soldotna Police  Department (SPD), and I am interested in exploring a potential partnership between our two  municipalities.  As you know, the Kenai Peninsula Borough operates the Soldotna Public Safety  Communications Center (SPSCC), providing 9‐1‐1 call answering and dispatch services for numerous  municipalities and agencies throughout the borough.  They have recently implemented significant  changes at the SPSCC, and this transition provides a great opportunity for the City of Soldotna to re‐ assess our own approach.  I am reaching out to inquire whether the City of Kenai is potentially interested in providing dispatch  services to SPD on a contract basis, moving forward.  Consolidation of emergency 9‐1‐1 dispatch services  is common, and there are many good examples of successful partnerships in Alaska and around the  nation.  The primary benefit would be a more efficient use of municipal resources (as our recent  collaboration to provide animal control shelter services has demonstrated).  Mayor Whitney and the Soldotna City Council have discussed this concept, and are enthusiastic about its  potential.  Should the Kenai City Council also support engaging in further discussions, Chief Mlynarik and  I would work with your administration to perform the due diligence necessary to assess the feasibility of  such a partnership.  Critical factors to look at include financial considerations (whether costs could be  reduced for both Cities), as well as interoperability issues related to technology and standard operating  procedures.  These would of course be considered alongside the primary goal of continuing to provide  public safety services to both communities that are equal to, or higher, than current levels.  Thank you for your consideration, and please let me know if you are interested in discussing this further.  Sincerely,    Stephanie Queen  Soldotna City Manager  Cc:  Police Chief Peter Mlynarik  Page 89 KENAI COUNCIL ON AGING REGULAR MEETING JULY 8, 2021 – 4:30 P.M. KENAI SENIOR CENTER CHAIR DON ERWIN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER The meeting was called to order by Chair Erwin at 4:30 p.m. a. Pledge of Allegiance Chair Erwin led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Members Present: Williams, Erwin, Craig, Geller, Modigh Members Absent: Nelson, Thornton, Milewski A quorum was present. Staff/Council Liaison Present: Senior Center Director K. Romain, Volunteer Coordinator K. Feltman, and Council Liaison Pettey c. Agenda Approval MOTION: Member Williams MOVED for approval of the agenda as presented and Member Geller SECONDED the motion. VOTE: There were no objections. SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT -- None. 4. APPROVAL OF MEETING SUMMARY MOTION: Member Craig MOVED to approve the May 13, 2021 Meeting Summary as written and Member Williams SECONDED the motion. VOTE: There were no objections. SO ORDERED. 5. UNFINISHED BUSINESS a. Discussion/Recommendation – Council on Aging Name Change Senior Director Romain reported that she contacted the State Grants Coordinator and learned Page 90 Council on Aging Meeting Page 2 of 3 July 8, 2021 that the State would have no objection to Kenai’s Council on Aging changing its name. Discussion followed in which comments included: • The Kenai Senior Center had been in operation for 60 years. Changing the name could bring in younger seniors; • “Council on Senior Living,” “Senior Community,” and “Senior Activity Center” were suggested as a new name for the group; • It was also suggested, the possible name change issue be decided by the Kenai City Council. MOTION: Member Williams MOVED to keep the name as it is and Member Geller SECONDED the motion. VOTE: YEA: Williams, Geller, Modigh, Erwin NAY: Craig MOTION PASSED. 6. NEW BUSINESS – a. Discussion – 2021 Survey Results The group reviewed the results of the survey and agreed, the results were excellent. 7. REPORTS a. Senior Center Director – Senior Center Director Romain reported: • Lois Nelson resigned from the Council on Aging effective immediately; • She was preparing a Title 3 grant request. She would be including information related to requests received for diabetic and gluten-free foods. A discussion followed related to changing the meeting time from 4:30 p.m. to 3:30 p.m. on the second Thursday of the month. MOTION: Member Geller MOVED to change the meeting time of the Council on Aging from 4:30 p.m. to 3:30 p.m. on the second Thursday of the month. Member Craig SECONDED the motion. VOTE: There were no objections. SO ORDERED.* (*It was noted, after the meeting, this motion and vote should not have taken place because the issue of changing the meeting time was not included and advertised on the agenda prior to the meeting. The item will be properly placed on the August meeting agenda for consideration.) b. Council on Aging Chair – Chair Erwin, no report. Page 91 Council on Aging Meeting Page 3 of 3 July 8, 2021 c. City Council Liaison – Council Member Pettey reported: • The Personal Use Fishery was open from 6:00 a.m. to 11:00 p.m; • The Bluff erosion project was moving forward; • Kenai Council would be holding a work session on August 4 at 4:00 p.m., regarding River Frontage Restoration; • Was very pleased with the Fourth of July Parade. 8. NEXT MEETING ATTENDANCE NOTIFICATION – August 12, 2021 Senior Center Director Romain reported she would be absent from the August 12, 2021 meeting. 9. COUNCIL MEMBERS COMMENTS AND QUESTIONS – None. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS – None. 12. ADJOURNMENT MOTION: Member Craig MOVED for adjournment and Member Modigh SECONDED the motion. There were no objections. VOTE: There were no objections. SO ORDERED. There being no further business, the Council on Aging meeting adjourned at 5:45pm. Meeting summary prepared and submitted by: _____________________________________ Meghan Thibodeau Deputy City Clerk Page 92 A. CALL TO ORDER KENAI PLANNING & ZONING COMMISSION REGULAR MEETING JULY 28, 2021 -7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES Chair Twa it called the meeting to order at 7 :00 p .m . 1 . Pledge of Allegiance Chair Twait led those assembled in the Pledge of the Allegiance . 2. Roll Call Commissioners present: Commissioners absent: J. Twait , R. Springer, J . Halstead, A. Douthit, D. Fikes , G . Woodard , G . G reenberg Staff/Council Liaison present: Planning Director R. Foster, Planning Assistant W . A quorum was present. 3 . Agenda Approval Anderson, Deputy City C lerk M . Thibodeau, Council Liaison J. Glendening Chair Twait noted the following revisions to the agenda and packet: Add to item H.1. MOTION: Action/Approval -Approving a Letter of Non-Objection to the T ime Extension for the Finalization of the Plat of Kee's Tern Subdivision . • December 11 , 2013 Planning & Zoning Packet • Letter from Scott Huff, Platting Manager, Kenai Peninsula Borough Commissioner Halstead MOVED to approve the agenda with requested additions to the packet and Vice Chair Fikes SECONDED t he motion . There were no objections; SO ORDERED. 4 . Consent Agenda MOTION: Commissioner Douth it MOVED to approve the consent agenda and V ice Chair Fikes SECONDED Page 93 the motion . There were no objections; SO ORDERED. *All items listed with an asterisk(*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unles s a Commission Member so requests, in which case the item w ill be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders . 5. *Excused absences -None . B. APPROVAL OF MINUTES 1. *Regular Meeting of July 14, 2021 The minutes were approved by the Consent Agenda . C. SCHEDULED PUBLIC COMMENT -None. D. UNSCHEDULED PUBLIC COMMENT -None. E. CONSIDERATION OF PLATS 1. Resolution PZ2021-30 -Prelim inary Subdivision Plat of Black Gold Estates 2021 Replat, submitted by Mclane Consulting, Inc., P . 0 . Box 468, Soldotna , AK 99669, on behalf of Ale x Douthit, 1104 Leeward Drive , Kenai , AK 99611 MOTION : Vice Chair Fikes MOVED to approve Resolution No. PZ2021-30 and Commissioner W oodard SECONDED the motion. Commissioner Douthit declared a conflict of interest, stating that he is the owner of the plat under c onsideration . Chair Twait ruled that Commissioner Douthit had a confli ct and excu sed him from voting . Planning Director Foster presented his staff report with information provided in packet explaining that the applicant wants to vacate the si xty foot right-of-way along the Southerly bo undary , and the s ize of the lot will be in c reased from approximately 3.1 acres to appro ximatel y 3.4 acres. Approval of the plat was recommended, s ubject to the following conditions: 1. Further developm e nt of the property shall conform to all federal , State of Alaska, and local regulations . 2. The Kenai City Council must declare the si xty-foot right-of-wa y not needed for a publi c purpose and approve the vacation of the right-of-way as shown on the preliminary plat. 3 . A note should be added to the p lat stating that 'no private access to State maintained right of-ways permitted unless approved by the State of Alaska , Department of Transportation'. 4 . Connection to City Water and Sewer pursuant to the provisions in KMC 17.010.010(a) and KMC 17.020.01 O(a). 5 . V e rification by the surveyor of the width of Wildwood Drive . Plann ing and Zoning Commission M eeting July 28 , 2 02 1 Page 2 of 6 Page 94 VOTE: YEA: Halstead , Fikes , Greenberg , Woodard, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS 1. Resolution PZ2021-27 -Application for the rezoning of a tract of land described as the North 150 feet of Government Lot 34, Section 6, Township 5 North, Range 11 West, fronting the Kenai Spur Highway (KPB Parcel No. 04702011 ), from Suburban Residential (RS) to General Commercial (CG). The application was submitted by the majority property owner, Kenaitze Indian Tribe, 150 Willow Street, Kenai, Alaska 99611 MOTION: Vice Chair Fikes MOVED to approve Resolution No. PZ2021-27 and Commissioner Douthit SECONDED the motion. Planning Director Foster presented his staff report with information provided in packet explaining that the applicants want to rezone the property in question from suburban residential to general commercial. It was noted that the applicants own the property to the north which is already zoned as general commercial, and they have indicated plans for building two greenhouses for private use. Chair Twait opened for public hearing. John Williams thanked the Commission, and explained some of his past involvement with the property. He conveyed the Church's willingness to go along with the zoning change and welcomed the Kenaitze Native Association and Orthodox Church on the adjoining properties . He stated that there is a fence running between the church property and old trailer court property fence which is in disrepair, and asked that the new owners properly maintain the fence and bring up to good condition. There being no one else wishing to be heard , the public hearing was closed . Clarification was provided that a landscape plan would not be a part of the rezoning process, although further development such as the proposed greenhouses could potentially trigger the need for a landscape site plan as part of a building permit. It was noted that the fence repair as requested during the public hearing could be considered a buffer within the landscape plan , which is required by code between neighboring districts. The need for a building permit and landscape plan depends on future development. VOTE: Y EA: Greenberg , Woodard, Twait, Springer, Halstead , Douthit, Fikes NAY: Pla nni ng and Zoning Commission Meeting July 28, 2021 Page 3 of 6 Page 95 MOTION PASSED UNANIMOUSLY. G . UNFINISHED BUSINESS -None. H. NEW BUSINESS 1. Action/Approval -Approving a Letter of Non-Objection to the Time Extension for the Finalization of the Plat of Kee's Tern Subdivision . MOTION: Vice Chair Fikes MOVED to approve the letter of non-objection to the time extension for the finalization of the plat of Kee's Tern Subdivision . Commissioner Woodard SECONDED the motion. Planning Director Foster noted the maps in the packet and laydown which present the preliminary plat approved by the Planning & Zoning Commission in 2013 and the phase 1 finalization , and clarified that tracts B, C and D remain to be finalized with the Borough. It was explained that after the approval of the preliminary plat, the Kenai Peninsula Borough changed their code to allow for extensions of ten years . The requested extension to finalize the remaining phases of the preliminary plat would meet the ten-year maximum. Clarification was provided that this would allow for an extension up to February 11, 2023, and the Commission discussed whether this date should be added into the letter. Kathleen Martin , owner of Kee 's Turn subdivision , stated that she had no objection to adding this date to the letter. MOTION TO AMEND: Vice Chair Fikes MOVED to amend the letter by adding that the date of extension goes until February 11, 2023. Commissioner Woodard SECONDED the motion. VOTE ON AMENDMENT: YEA: Springer, Halstead, Douthit, Fikes, Greenberg , Woodard, Twait NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION: YEA: Douthit, Fikes, Greenberg, Woodard, Twait, Springer, Halstead NAY: MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS -None. J. REPORTS Planning and Zon ing Commission Meeting July 28, 2021 Page 4 of 6 Page 96 1. City Council -Council Member Glendening reported on the actions from the July 7, 2021 City Council meeting. Reported that there is an upcoming City Council work session on Kenai Waterfront Revitalization and Economic Development Incentives, and encouraged the Commission to attend . 2. Borough Planning -No report. 3. City Administration -Planning Director Foster reported on the following : • The City received a noise complaint for a Conditional Use Permit on Angler Drive ; • There is an upcoming Board of Adjustment hearing on Friday, July 30, 2021 regarding a Planning & Zoning Commission decision to approve a Conditional Use Permit for the development of eight single family dwellings on 4 th Avenue; • The next City Council meeting on August 4th will include the approval of the Special Use Permit for the Moosemeat John Cabin and two airport land purchases, previously recommended for approval by the Planning & Zoning Commission; • Upcoming Planning & Zoning Commission meeting on August 11, 2021 is anticipated to include a plat and an application for airport property development incentives. K. ADDITIONAL PUBLIC COMMENT - John Williams reminisced on his past involvement with the Commission, and expressed enthusiasm for possible development of properties along the waterfront and planned development by the Kenaitze Indian Tribe. He encouraged the commission to follow closely and work with the Kenaitze in order to create economic growth in the City. L. INFORMATIONAL ITEMS M. NEXT MEETING ATTENDANCE NOTIFICATION 1. August 11, 2021 Commissioner Woodard noted that she may not be able to attend. N. COMMISSION COMMENTS & QUESTIONS Commissioner Halstead appreciated the input from everyone, especially that from former Mayor John Williams. 0. ADJOURNMENT Minutes prepared and submitted by: Planning and Zoning Commission Meeting July 28, 2021 Page 97 Meghan Thibodeau Deputy City Clerk Plan ning and Zoning Commiss io n M eeting July 2 8, 20 21 Page 6 of 6 Page 98 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: August 2021 SUBJECT: Kenai Municipal Airport (ENA) Mid-Month Report Runway 2L/20R Replacement Nightly runway closures for geotechnical coring assessing the runway, taxiway interlinks, and taxiway A subbase and structural commenced on the evening of Wednesday, August 4. Coring was completed on the morning of Tuesday, August 10. The SOA DOT published the 2021 ENA Airport Pavement Inspection Report on Thursday, August 5. This inspection shows some degradation from the previous 2018 ENA Airport Pavement Inspection Report. The pavement inspection report in conjunction with the geotechnical assessment will determine the scope of the future runway project. See aerial inspection below. Aviation Afterhours ENA is hosting Governor Mike Dunleavy’s Alaska Aviation Advisory Board, the aviation community and stakeholders in the Upper Deck Lounge and terminal. The business social is an opportunity for the AAAB to see the newly remodeled terminal. And, network with the local aviation community, business, marketing & tourism stakeholders, and the new airport manager. Federal Mask Mandate The TSA Federal Mask Mandate remains in effect. The increase in transmission rates has drawn new scrutiny at ENA. Additional mask mandate posters have been displayed, and all terminal tenants have been asked to follow the mask mandate. We are looking into adding a paging interface to the existing PA system. This will allow for regular prerecorded public announcements. Page 99 Page 2 of 2 Airport Mid-Month Report Page 2 of 2 Page 100 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: August 3, 2021 SUBJECT: July 2021 Monthly Report This month the Kenai Animal Shelter took in 60 animals. Animal intake and disposition: DOGS: INTAKE 37 DISPOSITION 24 Waiver 8 Adopted 5 Stray 13 Euthanized 13 Impound 0 Claimed 3 Protective Custody 2 Field Release 0 Quarantine 5 Transferred 3 Microchips 8 Other Dispositions 0 Other Intakes 1 CATS: INTAKE 23 DISPOSITION 33 Waiver 7 Adopted 12 Stray 16 Euthanized 1 Impound 0 Claimed 3 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 7 Page 101 Page 2 of 2 12 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 29 Animals are known borough animals 30 Animals are known City of Kenai 5 Animals are known City of Soldotna 1 Animals from unknown location 51 Field Investigations & patrols 6.52 Volunteer Hours Logged 2 Citations 0 Educational Outreach Statistical Data: 505 2019 YTD Intakes 454 2020 YTD Intakes 368 2021 YTD Intakes Additional Information: The Kenai Animal Shelter staff hosted a Volunteer Open House on July 28th, 2021 at the Kenai Library. Potential volunteers are in the process of completing the volunteer application and should start volunteering at the shelter in mid-August. Attendees from the June 16th Volunteer Open House have completed training and are actively volunteering at the shelter. Microchips 0 Other Dispositions 0 Other Intakes 0 0 OTHER ANIMALS: INTAKE 0 DISPOSITION 0 Chicken 0 Chicken 0 Rabbit 0 Rabbit 0 Other 0 Guinea Pig 0 DOA: 6 OTHER STATISTICS: Dog 3 Licenses (City of Kenai Dog Licenses) 15 Cat 3 Bird 0 Page 102 MEMORANDUM TO: Mayor Brian Gabriel and City Council THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: August 10, 2021 SUBJECT: Fire Department Mid-Month Report – July Calls for service in July were up, as we navigated through another dipnet season and the influx of people coming to partake in all that Kenai has to offer during July. Here is the breakdown for calls for service. Work continued with the Kenai Peninsula Community Wildfire Protection Project (CWPP) and I attended an information booth during Progress Days at the Soldotna Creek Park to answer questions on Wildfire Response on the Peninsula. Also continued work with the Natural Resources Planner and Project Manager for CWPP, to identify and assess the needs of COK, as well as critical infrastructure to be included in the plan. Mary Toll has continued work on the update to the City’s Emergency Operation plan and we are working to completed the annual Alaska Assessment required by granting agencies. We finished with the annual Airport Certification Inspection with an out-brief of no violations or changes needed to the operations of the Fire Department. Overall it was a great inspection process. Typically, July is a month that we do not schedule much training as we focus on hose testing, ladder testing, engine testing, dipnet priorities, and higher call volumes. This year, due to our water tank out back having so much debris in it, we drained the tank to inspect it for maintenance. We will be working with other agencies to borrow their testing facilities to complete engine testing this year. Firefighter Mac Lee passed his probationary period to become a regular employee in City Code and we are glad to have him with us. He is a great employee. Page 103 MEMORANDUM TO: Mayor Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: August 3, 2021 SUBJECT: Library Mid-Month Report for July 2021 July 2021 at a Glance Items Borrowed Jul-20 Jul-21 2021 YTD Physical 4,193 6,911 36,028 Digital 1,404 1,607 11,581 Visits and Services Number of Curbside Pickups n/a 50 New Memberships 23 47 234 Room Use n/a 94 196 Programs Number of Programs 18 19 119 People Reached (e.g., DIY Kits)n/a 122 1,041 People Reached Virtually n/a 637 5,430 Technology Sessions Computer sessions 382 436 2,124 WiFi Sessions 2,904 6,177 28,417 Early Literacy Station Sessions n/a 186 371 Page 104 Page 2 of 2 July 2021 programming highlights • 19 programs o 14 virtual programs  Story times for ages 0-5 (106 total views within 7 days)  Let’s Draw (61 total views within 7 days)  Lego® Club (218 total views within 7 days)  Jr. Art Club (278 total views within 7 days)  Cast Iron Cooking (34 total views within 7 days) o 2 DIY kits (a total of 80 kits handed out) o 3 in-person programs  Outdoor Story Time (36 attendees)  Ozobot Circus (6 attendees) July 2021 library services highlights • Summer Reading Program 2021 update: o 427 children, 47 teens, and 104 adults have signed up to participate. For more information about our summer reading program, go to https://www.kenai.city/library/page/summer-reading-2021 • We provided 1015 meals to children 18 or under between June 1 and July 31. The Summer Food Program was made possible by the Food Bank of Alaska. • We launched our Discovery Backpacks as part of our Discovery Kit collection. The purchase was made possible by a donation from the Derek Kaufman Fund, a Hilcorp donor advised fund from the Alaska Community Foundation. For more information about Discovery kits, please go to https://www.kenai.city/library/page/discovery-kits. Page 105 MEMORANDUM TO: Mayor Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: August 11, 2021 SUBJECT: Mid-month Report – July 2021 The Personal Use Fishery concluded July 31. Parks and Recreation staff along with inmates from the Wildwood Correctional Facility, facilitated a beach clean-up on August 1. Remaining fencing and related signage were removed on the August 2. The Kenai Central Highschool ski team patrolled and cleaned up litter on the north beach Mondays and Thursdays throughout the fishery and managed to keep most litter and debris from accumulating and becoming unsightly. An area of focus also included the parking lot areas, both at the end of South Spruce St. and up at the Little League parking lot. There was very little fish waste that accumulated on the beaches this season. Staff facilitated seven (7) shelter reservations throughout the month of July, including assisting with the 4th of July activities. The Kenai Softball Association, Kenai Wolfpack Rugby and Kenai Little League held tournaments at our facilities during July. Preparation and use of these areas were coordinated with these respective leagues and their volunteers. The department moved their administrative offices to the Kenai Recreation Center July 1 and assumed operations. We are working on becoming fully staffed, including hiring of a new Administrative Assistant to replace Carol Bannock. Carol did an awesome job for the department and the City for 3 years and will be missed. The department was informed that the annual Industry Appreciation celebration is cancelled for this season. Operators Dodge and Brusven removed 10 beetle-kill spruce trees from the cemetery property at the end of July and another 5 from Leif Hansen Memorial Park. The department will be teaming up with Public Works in October to facilitate additional removals throughout the City. . Page 106 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: August 9, 2021 SUBJECT: Planning and Zoning July 2021 Report Planning and Zoning Commission Agenda Items and Resolutions • On July 14, 2021 the Planning and Zoning Commission recommended approval of the following variance applications, ordinances, and special use permits: o Resolution PZ2021-26 - Application for a Variance Permit to Allow for a Rear Yard Setback of Five Feet where a Twenty-Foot Setback is Required and Height Restriction of Twelve Feet for a One-Story Accessory Building on Property Described as Lot 5, Block 3, Deepwood Park Subdivision Amended, and Located at 110 Deepwood Ct., Kenai, AK 99611. o Action/Approval – Special Use Permit to Kenai Chamber of Commerce and Visitor Center for the Moosemeat John Cabin. o Action/Approval – Recommendation for Ordinance No. 3222-2021 - Determining that Real Property Described as Lot 1A, Block 1, Deshka Subdivision, City-Owned Airport Land Located Outside the Airport Reserve, is not Needed for a Public Purpose and Authorizing the Sale of the Property to Schilling Rentals (2016), LLC. o Action/Approval – Recommendation for Ordinance No. 3221-2021- Determining that real property described as Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014 Replat, city-owned airport land located outside the airport reserve, is not needed for a public purpose and authorizing the sale of the property to Schilling Rentals, an Alaska Partnership. • On July 28, 2021 the Planning and Zoning Commission recommended approval of the following plat, rezoning application, and a letter of non-objection to the Kenai Peninsula Borough: o Resolution PZ2021-30 – Preliminary Subdivision Plat of Black Gold Estates 2021 Replat, submitted by McLane Consulting, Inc., P. O. Box 468, Soldotna, AK 99669, on behalf of Alex Douthit, 1104 Leeward Drive, Kenai, AK 99611. Page 107 Page 2 of 2 o Resolution PZ2021-27 – Application for the rezoning of a tract of land described as the North 150 feet of Government Lot 34, Section 6, Township 5 North, Range 11 West, fronting the Kenai Spur Highway (KPB Parcel No. 04702011), from Suburban Residential (RS) to General Commercial (CG). The application was submitted by the majority property owner, Kenaitze Indian Tribe, 150 Willow Street, Kenai, Alaska 99611. o Action/Approval – Approving a Letter of Non-Objection to the Time Extension for the Finalization of the Plat of Kee's Tern Subdivision. • On July 20, 2021 the Board of Adjustment held a hearing for the Appeal of Planning and Zoning Commission Action Approving a Conditional Use Permit to Applicant, Dean Schlehofer, to Operate a Guide Service at 345 Dolchok Lane, Lot 4, Block 4, Basin View Subdivision Part 3. • On July 23, 2021 the Board of Adjustment held a hearing for the Appeal of Planning and Zoning Commission Action Denying a Conditional Use Permit to Applicant, Dean Schlehofer, to Operate Lodging at 345 Dolchok Lane, Lot 4, Block 4, Basin View Subdivision Part 3. • On July 30, 2021 the Board of Adjustment held a hearing for the Appeal of Planning and Zoning Commission Action Approving a Conditional Use Permit to Applicant, TKC, LLC, for Eight Single Family Dwellings in a Suburban Residential Zone, Government Lot 26, Section 31, Township 6North, Range 11 West and Located at 1714. Building Permit and Site Plan Reviews Planning and Zoning staff reviews all Building Permits for compliance with the zoning code. The Department conducted seven Building Permit reviews in July, 2021. Code Enforcement There was one new code enforcement case opened in July, 2021. Lands • On July 7, 2021, Kenai City Council approved the following conditional land donations: o Ordinance No. 3217-2021 - Conditionally Donating Certain City Owned Property Described as Two Approximate 1 1/4 Acre Parcels to be Subdivided from a Portion of the 72 Acre More or Less Portion of the SE 1/4 Lying East of Tract A Kenai Meadows (KPB Parcel No. 039 010 65) To Kenai Peninsula Housing Initiative for the Development of Restricted Income and Senior Housing. (Mayor Gabriel, Vice Mayor Molloy, Council Member Winger). o Ordinance No. 3219-2021 - Conditionally Donating Certain City Owned Property Described as One Approximate 2 Acre Parcel to be Subdivided from a Portion of the 6.8 Acre More or Less Portion of the East of Tract 4, Baron Park Subdivision (KPB Parcel No. 045 01 035) to Triumvirate Theatre for the Development of a Theatre Facility. (Administration). The City received an application for a lease renewal for 110 FBO Road in July 2021. Page 108 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: August 10, 2021 SUBJECT: Police & Communications Department Activity – July 2021 Police handled 869 calls for service in July. Dispatch received an estimated 360 9-1-1 calls; however, we are still awaiting the exact final number for July due to the incorporation 911 system updates this summer. Officers made 52 arrests. Traffic enforcement resulted in 242 traffic contacts and 55 traffic citations. There were 7 DUI arrests. Officers investigated 13 motor vehicle collisions in July. There were no collisions involving moose. There was one collision involving drugs or alcohol. There was one collision that resulted in three fatalities and multiple injuries. The KPD officer on the regional SERT team attended two days of training with the team. One KPD officer attended a two day rifle class in Kenai. Five Temporary Enforcement Officers (TEOs) were employed by the police department this summer and did an excellent job assisting the Department by handling most fishery related calls and assisting in other minor and major police cases over the summer. 5063 1794 3822 1754 4264 1650 0 2000 4000 6000 Total Police Service Calls 911 Calls Received 2019(Jan 1 - Jul 31)2020(Jan 1 - Jul 31)2021(Jan 1 - Jul 31) Page 109 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: August 2021 SUBJECT: Mid-Month Report; Public Works / Capital Projects • Kenai Municipal Airport Sand Storage Facility – The City executed a design agreement to HDL Engineering on April 17, 2020 for a new Sand Storage Facility. On August 7, 2020 Final Design Documents were received and a Formal Invitation to Bid was released on August 10th , 2020 with Bids due on August 31st, 2020. Orion Construction was the successful bidder with a low bid of $2,289,000. The City successfully executed a grant with the FAA on September 25, 2020 in the amount of $1,954,101, a second grant is anticipated for next Spring, May 2021, to cover the remaining costs on a total project cost of $2,835,263. A Notice to Proceed for Construction was issued for October 14, 2020. Update August 2021: This project is now planned to be on hold until next spring. The metal building package is not going to be available until mid-winter and the department does not want to leave an unprotected and unconditioned building slab exposed for the winter months. This project will restart in May 2022 and be ready for use during the next winter season starting November 2022. • Kenai Municipal Airport Airfield Drainage – Update: Ordinance 3234-2021 is being introduced at the August 18, 2021 council meeting. The project was released for formal construction bids on July 28, 2021 with bids due on August 19, 2021. Ordinance 3234-2021 will be amended at the September 1, 2021 meeting to reflect actual bids received. Work is expected to take place in September and October and be completed prior to winter shutdown. Project consists of the replacement of approximately 500 lf of failing storm water pipelines located in the safety area off the northern end of the runway. • Kenai Municipal Airport (KMA) Tractor & Mower – Invitations to Bid were released on November 20, 2020 with Bids Due on December 8, 2020. This project is in support of Airfield Maintenance Operations and is identified as Project No. 5 for the Airport Fund in the City’s current Capital Improvement Plan. Council can expect to see legislation in December in relation to this Project. Ordinance 3176-2020 was approved at the January 6th, 2021 Council Meeting with an Award to Craig Taylor Equipment in the amount of $151,736. Formal Notice Page 110 Page 2 of 4 Public Works Mid-Month Report of Award was issued on January 12th, contract was formally executed on January 21, 2021 and the equipment is now on order. Update: The equipment has arrived at Craig Taylor Equipment on K Beach, installation some minor equipment like LED lights is taking place the week of 7/26/21. Tractor and mower are expected to be in service by August 19th. • Kenai Municipal Airport Snow Removal Equipment (SRE) – Update: This equipment is on order and dependent upon supply chain logistics will likely arrive in spring 2022. • Kenai Municipal Airport Runway Rehabilitation Project – This project known as Task 4 within HDL Engineering Consultants LLC term service agreement with the City shall provide an initial assessment of the current condition of the airport runway. This will include geotech work, coring numerous locations of the runway. This work will provide the necessary information to coordinate with the FAA to seek grant funding for an overall runway rehabilitation project which will ultimately include the runway, taxiways, drainage, lighting, markings, etc. Once the conditions report is received, which fiscal year the project will likely need to take place will be determinable. This initial assessment and corresponding design work to an anticipated 35% level of completion has been contracted at a total cost of $250,000 and is expected to be completed by the end of the calendar year. Update: On August 4th HDL Engineering and staff successully completed geotech borings of the runway after hours. The project development continues to move forward. • Dock repair – An Invitation to Bid was released on May 29, 2020 with Bids due on June 19, 2020. No bids were received. On July 10, 2020 the project was re-advertised for bids with bids due on July 27, 2020. The City received one Bid from Endries Company in the amount of $298,365. Ordinance 3154-2020 was introduced on August 5, 2020 and approved on August 19, 2020. Formal contract was executed with Endries Company on August 31, 2020 with a formal Notice to Proceed provided on the same day. Work associated with the Cathodic Protection is now complete. Update: Cathodic protection is now complete and the project is entering closeout. • Waste Water Treatment Plant Master Plan – Resolution 2020-48 was approved at the June 17, 2020 Council meeting allowing this work to proceed. On July 2, 2020 HDL staff and consultants spent the day on the property going through all systems of the plant. On August 31, 2020 the first draft assessment was received. Staff continues to work with HDL to develop plans for the facility in preparation of updates to the Capital Plan. Update: With the assessments now complete a Rate Study will begin this fall to evaluate and determine best practices for long term maintenance of the facility. Page 111 Page 3 of 4 Public Works Mid-Month Report • Water & Sewer Master Plan – Resolution 2021-19 is set for Council approval March 17, 2021 awarding $82,175 to HDL Engineering Consultants to begin assessments of Water & Sewer facilities. A formal report is anticipated within ninety days of their Notice to Proceed. HDL was on site April 13-15 conducting site inspections, photo documenting facility conditions. Work remains on schedule. Update: With the assessments now complete a Rate Study will begin this fall to evaluate and determine best practices for long term maintenance of the facility. • Waste Water Treatment Plant Replacement Sludge Press – Resolution 2020-95 approved at the December 16, 2020 Council meeting authorized HDL Engineering to begin the Design Phase of the WWTP Replacement Sludge Press. Contract Documents were executed on January 6, 2021 with a Notice to Proceed issued on January 11, 2021. First step will be to request proposals from various press manufacturers and make a selection to move through design phases with. Presses of this type typically take six months to manufacturer, goal will be to have an operational new press around late November 2021. On February 3, 2021 HDL staff was on site taking measurements and further detailing the new press location and associated appurtenances. A Request for Proposals from press manufactures was released on April 27, 2021 with proposals due on May 25th, 2021. Resolution 2021-42 to award an equipment purchase agreement to Andritz Corp in the amount of $285,000 was approved by Council at the June 16, 2021 meeting. Update: Equipment is now on order. Final plans will be drafted and an Invitation to Bid for Construction will be released this fall with equipment arrival anticipated for January/February 2022. • Kenai Well house Relocation – Project was released for Invitations to Bid on March 8, 2021 with bids due on April 1, 2021. Project consists of relocating a small prefabricated steel structure, approximately 20’x28’ that suffered foundation damages during the November 2018 earthquake. This project was approved under Ordinance 3194-2021 at the March 3rd, 2021 council meeting. Ordinance 3215-2021 was approved June 2, 2021 to award the project to Polar North Construction and to accept insurance proceeds for project to move forward. Contract documents are in the process of being executed. Work is anticipated to start in August 2021 and will likely carry into spring 2022 for completion as the weather allows. • SCADA Integration – Resolution 2021-10 approved at the March 3, 2021 Council meeting has authorized a $125,000 purchase order to HDL Engineering for assessments and repairs to both the Water & Sewer and Wastewater facilities relating to SCADA. Borealis Controls as sub-consultant to HDL Engineering has provided a revised SCADA network diagram, and is working on replacing primary equipment at the public safety building. Late June 2021 all primary equipment at the Public Safety Building was replaced with new, contractor has been working on programming remotely with the next site visit anticipated for early August. Update: Progress toward SCADA Integration has been slow, staff is seeking alternative firms, Borealis Controls is not meeting our current expectations. • USACE Bluff Erosion – See City Manager’s report. Director’s Report from the Army Corp of Engineers was signed April 10, 2019. On June 17, 2020 Council authorized the City Manager to sign the MOU received from the Corp. PED Agreement arrived on September 2, 2020. The City mailed a check in the amount of $350,000 on September 18, 2020 to cover the City’s initial share of PED costs. Meetings have begun with the City Manager and Public Works Director with the ACOE. Draft RFP Docs were sent to ACOE Staff for comment on December Page 112 Page 4 of 4 Public Works Mid-Month Report 8, 2020 during phone conference with ACOE, City Manager and PWD. Comments were received back on December 9th. Formal Request for Proposals was released on January 28, 2021, Pre-proposal zoom meeting was conducted on February 9, 2021 with approximately twenty people attending. Proposals were received on March 4, 2021 from five firms. Evaluations of the proposals were completed by committee and HDR Engineering, Inc was the highest scoring successful proposer. An intent to award was sent out on March 18, 2021. Council approved Resolution 2021-35 at the June 2, 2021 meeting awarding an agreement to HDR along with issuance of a purchase order in the amount of $791,832.68. Design services are expected to run approximately twelve months to provide bid ready plans and specifications. July 6, 2021 the formal agreement between the City of Kenai and HDR was executed. Subcontracts are being secured with data collection and first meetings to begin in August 2021 after the dipnet fishery has concluded. Update: On August 11, 2021 the City Manager and Public Works Director met and walked the project site with representatives from the Army Corp of Engineers including the Regional Commander in charge of the project. Project kickoff meeting with Engineers is scheduled for August 19th at 3:00pm. • Multi-purpose Facility – The Building Maintenance Department went through the Ice Rink and pressure washed all of the algae that has been growing on the steel beams. Nelson Engineering was also able to come out and assess the structure and condition of the rusting. Formal report was received on October 6, 2020. Nothing new to report. • Cemetery Expansion – This project is located at the corner of First Ave and Float Plane Rd and will provide for additional burial space as the existing adjacent cemetery has reached capacity. The Public Works Department using in house personnel has already cleared, leveled and graded the site, and placed and compacted a gravel sub-base for the parking area. Update: Public Works staff intends to install additional topsoil and seed the property within the next few weeks, bid documents are being developed for the completion of the paving, fencing, and numbering of burial plots. • Bryson Ave. Bluff Erosion Repair – Project was released for Construction Bids on July 29, 2021 with bids due on August 19, 2021. This project is expected to take place in September and October and involves the replacement of a 100+ feet of storm piping, storm water manhole, and placement of 8000 CY of fill to re-stabilize the bluff in this area. • DOT Kenai Spur Highway to Sports Lake Rd – In speaking with representatives from DOT on June 10, 2021, it is my understanding this project will likely be released for construction bids in late fall 2021 for an anticipated construction start of Spring/Summer 2022. This project is intended to continue the widening of the roadway similar to the previous project that extended to approximately Swires Rd. Nothing new to report. Page 113 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: August 11, 2021 SUBJECT: July 2021 Monthly Report July started with a July 4th Pie Booth and this year Biscuits and Gravy were available at 8 am. Everything was sold out by early afternoon. The Country Store was also a wonderful success! Thank you to our Kenai City Council who wonderfully support these fundraisers. 2021 2020 Home Delivered Meals 2077 2657 Individuals 82 121 Pick-Up Meals 131 118 Individuals 15 20 Dining Room (Congregate) Meals 548 0 Individuals 89 0 Grocery Shopping Assistance 0 4 SIGN-INS VIA MySeniorCenter© Writers Group 23 0 Caregiver Support Group 18 0 Growing Stronger Exercise 238 0 Tai Chi Class 52 0 TOPS Weight Loss Class 31 0 Coffee/Paper 989 0 Bluegrass Jam Session 264 0 Card Games 427 0 Total Event Sign-ins 2087 0 Individuals 144 0 Vintage Pointe Manor Vacancies 2 6 Page 114 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: August 11, 2021 SUBJECT: Quarterly Financial Report for the quarter ended June 30, 2021. Attached is a quarterly financial report for the General Fund, Personal Use Fishery Fund, Airport Fund, Water/Sewer Fund, and Senior Fund as of June 30, 2021. 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 May. The second calendar quarter 2021 sales tax filings and tax payments are not represented in the balances. FY2020 revenue amounts will not be accurate for a few months because of the delay in receipt of the payments. 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. The actual financial performance of each fund will be presented when the City’s Comprehensive Annual Financial Report is completed. This report will be on the modified accrual basis for Governmental Funds and will show a more accurate picture of each fund’s financial performance for FY2021. The report is expected in November after completion of the annual audit the first week of October and will be presented to Council in early December. Page 115 Quarterly General Fund Expenditure Report For Quarter Ended June 30, 2021 Original * FY2020 FY2021 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 1,630,773$ 4,268,210$ 271,926$ (3,996,284)$ 6.37% Taxes 11,646,400 11,094,097 11,094,097 10,689,857 (404,240) 96.36% Licenses/Permits and Ambulance 687,247 671,000 671,000 643,723 (27,277) 95.93% State/Federal 1,008,704 918,385 1,000,813 281,330 (719,483) 28.11% Dock/Multipurpose/Miscellaneous 143,254 143,500 158,500 172,055 13,555 108.55% Fines and Forfeitures 73,774 87,500 109,295 90,327 (18,968) 82.65% Interest and Miscellaneous 857,550 496,411 511,329 473,626 (37,703) 92.63% Transfers/Central Admin Fees 1,783,239 1,870,623 1,870,623 1,919,243 48,620 102.60% Total Revenues 16,200,168 16,912,289 19,683,866 14,542,087 (5,141,779) 73.88% EXPENDITURES & TRANSFERS General Government 01 City Clerk 270,870$ 306,417$ 306,417$ 283,295$ 23,122$ 7.55% 11 Legislative 149,184 163,614 163,614 143,112 20,502 12.53% 12 Legal 316,915 351,880 351,880 322,902 28,978 8.24% 13 City Manager 357,534 442,081 443,881 398,613 45,268 10.20% 14 Human Resources 167,185 177,224 180,723 176,725 3,998 2.21% 15 Finance 694,039 759,848 807,448 732,894 74,554 9.23% 16 Land Administration 7,006 14,713 14,713 3,111 11,602 78.85% 18 Non-Departmental 917,287 1,256,466 2,046,079 1,332,825 713,254 34.86% 19 Planning and Zoning 208,515 230,646 230,646 202,003 28,643 12.42% 20 Safety 790 19,150 19,150 890 18,260 95.35% Total General Government 3,089,325 3,722,038 4,564,551 3,596,370 968,181 21.21% Public Safety 21 Police 2,187,246 3,400,122 3,416,606 1,822,497 1,594,109 46.66% 22 Fire 2,272,757 3,259,311 3,292,375 1,758,995 1,533,380 46.57% 23 Communications 576,433 886,835 886,835 461,241 425,594 47.99% 29 Animal Control 403,794 445,097 446,118 414,430 31,688 7.10% Total Public Safety 5,440,230 7,991,365 8,041,934 4,457,163 3,584,771 44.58% Public Works 31 Public Works Administration 163,211 196,456 198,177 186,451 11,726 5.92% 32 Shop 608,981 646,827 646,827 591,259 55,568 8.59% 33 Streets 948,981 1,068,845 1,068,845 812,711 256,134 23.96% 34 Buildings 358,511 407,277 407,277 354,388 52,889 12.99% 35 Street Lighting 177,965 192,183 192,183 179,657 12,526 6.52% 60 Dock 50,843 62,232 62,232 32,138 30,094 48.36% Total Public Works 2,308,492 2,573,820 2,575,541 2,156,604 418,937 16.27% Parks and Recreation & Culture 03 Visitor Center 165,169 133,981 144,991 139,222 5,769 3.98% 40 Library 805,319 863,016 875,008 821,576 53,432 6.11% 45 Parks, Recreation & Beautification 1,057,415 1,117,100 1,166,354 1,079,147 87,207 7.48% Total Parks and Recreation & Culture 2,027,903 2,114,097 2,186,353 2,039,945 146,408 6.70% Total Operating Expenditures 12,865,950 16,401,320 17,368,378 12,250,082 5,118,296 29.47% Transfer to other funds Street Improvement Capital Project Fund 200,000 - 1,116,560 1,116,560 - 0.00% Kenai Recreation Center Capital Project Fund 100,000 - 60,000 60,000 - 0.00% Trail Construction Capital Project Fund 37,800 - - - - - Public Safety Building Capital Proj. Fund 12,218 - - - - - Public Safety Capital Project Fund - - 22,389 22,389 - 0.00% Kenai Multipurpose Facility Capiral Proj. Fund - 152,259 152,259 152,259 - 0.00% Library Improvement Capital Proj. Fund 50,000 - 58,000 58,000 - 0.00% Visitor Center Improvement Capital Proj. Fund - - 182,000 182,000 - 0.00% Information Technology Capital Proj. Fund - - 35,000 35,000 - 0.00% City Hall Improvement Capital Proj. Fund - - 210,000 210,000 - 0.00% Kenai Fine Arts Center Imp. Cap. Proj. Fund - - 120,000 120,000 - 0.00% Senior Citizen Special Revenue Fund 253,999 217,192 217,762 217,762 - 0.00% Debt Service 139,853 141,518 141,518 118,035 23,483 16.59% Total Transfer to other funds 793,870 510,969 2,315,488 2,292,005 23,483 1.01% Total Expenditures & Transfers 13,659,820 16,912,289 19,683,866 14,542,087 5,141,779 26.12% Net Revenues over(under) Expenditures 2,540,348$ -$ -$ -$ -$ * Note: The original budget includes outstanding encumbrances at 6/30/2020. Page 116 Quarterly General Fund Expenditure Report For Quarter Ended June 30, 2021 Original * FY2020 FY2021 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 64,973$ 76,750$ -$ (76,750)$ -100.00% Beach Parking 144,331 146,460 146,460 175,980 29,520 20.16% Beach Camping 149,788 164,900 164,900 214,248 49,348 29.93% Dock Launch & Park 105,275 106,000 106,000 115,304 9,304 8.78% Dock Parking Only 11,736 12,000 12,000 13,377 1,377 11.48% Participant Drop-off Fee 4,698 6,715 6,715 4,792 (1,923) -28.64% Interest Earnings 8,836 750 750 - (750) -100.00% PERS Grant 3,355 5,688 5,688 - (5,688) -100.00% Credit Card Fees (4,306) (4,000) (4,000) (12,807) (8,807) 220.18% Transfer from CP Funds - - - 2,215 2,215 N/A Total Revenue 423,713 503,486 515,263 513,109 (2,154) -0.42% EXPENDITURES & TRANSFERS Public Safety 81,775$ 81,211$ 90,081$ 78,533$ 11,548$ 12.82% Streets 30,743 50,389 46,802 34,740 12,062 25.77% Boating Facility 52,494 90,850 90,965 85,093 5,872 6.46% Parks, Recreation & Beautification 206,172 207,152 237,415 182,766 54,649 23.02% Total Operating Expenditures 371,184 429,602 465,263 381,132 84,131 18.08% Transfers to Other Funds - General Fund 50,000 50,000 50,000 50,000 - 0.00% Total Expenditures & Transfers 421,184 479,602 515,263 431,132 84,131 16.33% Net Revenues over Expenditures 2,529$ 23,884$ -$ 81,977$ (86,285)$ * Note: The original budget includes outstanding encumbrances at 6/30/2020. Page 117 Quarterly General Fund Expenditure Report For Quarter Ended June 30, 2021 Original * FY2020 FY2021 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 41,945$ 1,835,022$ 1,333,012$ (502,010)$ 0.00% State/Federal 833,516 55,254 2,216,252 1,086,243 (1,130,009) 49.01% Interest , Leases & Fees 725,424 702,009 702,009 719,220 17,211 102.45% Terminal Revenues 796,773 624,051 624,051 571,146 (52,905) 91.52% Landing Fees 337,097 300,874 300,874 245,094 (55,780) 81.46% Transfers In 928,251 955,050 955,050 1,075,573 120,523 112.62% Total Revenues 3,621,061 2,679,183 6,633,258 5,030,288 (1,602,970) 75.83% EXPENDITURES & TRANSFERS Terminal Area 565,649$ 666,607$ 668,625$ 586,606$ 82,019$ 12.27% Airfield 1,734,690 1,874,687 1,953,437 1,791,303 162,134 8.30% Administration 299,666 358,462 2,509,843 322,222 2,187,621 87.16% Other Buildings & Areas 186,740 174,462 205,597 168,912 36,685 17.84% Training Facility 26,551 38,475 38,475 29,487 8,988 23.36% Total Expenditures 2,813,296 3,112,693 5,375,977 2,898,530 2,477,447 46.08% Transfer to other funds Airport Improvement Capital Projects 799,875 - 2,131,758 2,131,758 - 0.00% Total Transfer to other funds 799,875 - 2,131,758 2,131,758 - 0.00% Total Expenditures & Transfers 3,613,171 3,112,693 7,507,735 5,030,288 2,477,447 33.00% Net Revenues over Expenditures 7,890$ (433,510)$ (874,477)$ -$ 874,477$ * Note: The original budget includes outstanding encumbrances at 6/30/2020. Page 118 Quarterly General Fund Expenditure Report For Quarter Ended June 30, 2021 Original * FY2020 FY2021 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 447,404$ 1,309,442$ 940,940$ (368,502)$ 71.86% State/Federal 40,373 55,288 55,288 - (55,288) 0.00% Water/Sewer Fees 2,918,937 2,955,467 2,955,467 2,912,167 (43,300) 98.53% Penalty and Interest 31,873 41,600 41,600 (19) (41,619) -0.05% Interest and Miscellaneous 143,799 15,480 15,480 5,665 (9,815) 36.60% Transfer from CP Funds - - - 23,496 23,496 N/A Total Revenues 3,134,982 3,515,239 4,377,277 3,882,249 (495,028) 88.69% EXPENDITURES & TRANSFERS Water 777,623$ 901,915$ 959,415$ 825,925$ 133,490$ 13.91% Sewer 380,979 508,804 508,804 383,046 125,758 24.72% Wastewater Treatment Plant 1,073,772 1,221,943 1,221,943 986,163 235,780 19.30% Total Expenditures 2,232,374 2,632,662 2,690,162 2,195,134 495,028 18.40% Transfer to other funds - Water & Sewer Capital Projects - 882,577 1,687,115 1,687,115 0 - Total Transfer to other funds - 882,577 1,687,115 1,687,115 0 - Total Expenditures & Transfers 2,232,374 3,515,239 4,377,277 3,882,249 495,028 11.31% Net Revenues over Expenditures 902,608$ -$ (0)$ -$ 0$ * Note: The original budget includes outstanding encumbrances at 6/30/2020. Page 119 Quarterly General Fund Expenditure Report For Quarter Ended June 30, 2021 Original * FY2020 FY2021 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 65,799$ 22,785$ -$ (22,785)$ 0.00% State Grants 246,012 212,504 335,094 277,614 (57,480) 82.85% USDA Grant 20,471 20,000 20,000 14,591 (5,409) 72.96% Choice Waiver 117,208 125,000 125,000 113,945 (11,055) 91.16% KPB Grant 126,207 126,207 169,221 169,221 - 100.00% Rents & Leases 9,811 13,000 13,000 9,088 (3,912) 69.91% Miscellaneous Donations 34,198 28,500 28,500 13,825 (14,675) 48.51% Donations - Senior Connection 50,430 50,000 50,000 50,000 - 100.00% Meal Donations 56,243 72,500 72,500 40,690 (31,810) 56.12% Ride Donations 2,570 4,000 4,000 125 (3,875) 3.13% Transfer from General Fund - Operations 242,829 203,092 203,662 217,762 14,100 106.92% Transfer from General Fund - Capital 11,170 14,100 14,100 - (14,100) 0.00% Other 97 300 300 8 (292) 2.67% Total Revenues 917,246 935,002 1,058,162 906,869 (151,293) 85.70% EXPENDITURES & TRANSFERS Senior Citizen Access 171,710$ 180,075$ 179,940$ 142,207$ 37,733$ 20.97% Congregate Meals 248,997 262,518 306,317 246,883 59,434 19.40% Home Meals 236,221 230,951 302,929 268,652 34,277 11.32% Senior Transportation 101,065 100,417 100,579 72,725 27,854 27.69% Choice Waiver 145,816 161,041 168,397 141,898 26,499 15.74% Total Expenditures 903,809 935,002 1,058,162 872,365 185,797 17.56% Transfer to other funds - - - - - - - Total Transfer to other funds - - - - - - Total Expenditures & Transfers 903,809 935,002 1,058,162 872,365 185,797 17.56% Net Revenues over Expenditures 13,437$ -$ -$ 34,504$ 34,504$ * Note: The original budget includes outstanding encumbrances at 6/30/2020. Page 120 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank DATE: August 6, 2021 SUBJECT: June 30, 2021 Quarterly Investment Report City of Kenai Investment Portfolio At June 30, 2021 the City had investments with a market value of $28,075,773. That is up from $27,288,397 at March 31, 2021. The City’s portfolio is yielding 0.78% that is down from 0.84% at March 31, 2021. Unfortunately, as higher yielding securities mature they are being replaced at lower yields, causing the portfolio’s rate of return to decrease. City’s Investment Portfolio US Agency Securities $11,959,117 AML Investment Pool 1,427,922 Wells Fargo Money Market 5,579,836 FDIC Insured Certificates of Deposit 8,343,902 Bank Balance 764,996 Total $ 28,075,773 Permanent Fund Investments The second quarter 2021 saw strong performance in equity markets and normalization in fixed income markets. Returns for the second quarter of 2021 were 4.51% and the one-year return was 23.08%. Since inception the portfolio has returned 8.79%. As of June 30, 2021, the portfolio value was $35,267,004, comprised of $30,068,105 (85.26%) Airport Land Sale Permanent Fund, $3,803,858 (10.78%) General Land Sale Permanent Fund monies, $193,233 (0.55%) Kenai Community Foundation holdings, and $1,201,808 (3.41%) Kenai Senior Connection holdings. The annual transfers for the City’s permanent funds have not been made to date but will be made prior to year end. Page 121 CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY June 30, 2021 Fair Market Current Value Yield Cash & Cash Equivalents Wells Fargo Checking 764,996$ 0.01% Wells Fargo Secured Money Market 5,579,836 0.01% FDIC Insured Certificates of Deposit 8,343,902 2.23% Alaska Municipal League Investment Pool 1,427,922 0.01% Total Cash & Cash Equivalents 16,116,656 1.16% Average Yield Government Securities Maturities Less than 1 Year 4,035,180 0.08% Maturities 1 to 2 Years 4,368,045 0.18% Maturities Greater than 2 Years 3,555,892 0.60% Total Government Securities 11,959,117 0.27% Total Portfolio 28,075,773$ 0.78% Investment Portfolio - Purchase Price 27,700,823$ Investment Portfolio - Fair Value 6/30/21 28,075,773 Fair Value Adjustment - 06/30/20 374,950 Fair Value Adjustment thru - 6/30/2021 (438,704) Cummulative Change in Fair Value (63,754)$ June 30, 2021 $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 122 CITY OF KENAI Investments 06-30-21 COK CITY OF KENAI INVESTMENTS 6/30/2021 Current year cost or Unrealized Expected Call 06/30/20 06/30/21 Gain Accrued EFFECT. SECURITY or Maturity CUSIP original cost Market Value Market Value or Loss Interest RATE FFCB 0.10 4/27/22 7/27/21 One Time 3133EMNU2 1,000,006 1,000,005.56 999,720.00 (285.56) 177.78 0.100 FFCB 0.125 2/3/23 Bullet 3133EMPH9 1,000,200 1,000,200.00 999,270.00 (930.00) 513.89 0.125 FNMA 2.0 1/5/22 Bullet 3135GOS38 1,019,341 1,019,341.44 1,009,790.00 (9,551.44) 9,777.78 0.070 FNMA 2.625 1/11/22 Bullet 3135GOU92 1,025,576 1,025,576.33 1,013,430.00 (12,146.33) 12,395.83 0.070 FHMS KSMC A2 2.615 1/25/23 Bullet 3137BO4Y7 2,652,004 2,652,003.98 2,623,167.30 (28,836.68) 5,524.19 0.196 FHMS K037 A1 Bullet 3137B7YX1 666,137 612,335.45 608,365.93 (3,969.52) 1,288.18 0.174 FHMS K047 A1 Bullet 3137BKRH5 368,066 352,809.81 350,031.62 (2,778.19) 792.15 0.297 FHMS K053 A1 Bullet 3137BN6F6 589,977 538,696.91 530,586.98 (8,109.93) 1,082.90 0.383 FHLMC 2.375 1/13/22 Bullet 3137EADB2 1,023,074 1,023,073.50 1,012,240.00 (10,833.50) 11,083.33 0.070 FHMS KMP1 A1 Bullet 3137FATD0 353,831 338,861.37 336,668.97 (2,192.40) 608.00 0.302 FN AN3349 Bullet 3138LFWK0 298,708 296,133.03 292,570.84 (3,562.19) 480.96 0.589 FN AM4716 Bullet 3138L5G20 643,390 638,648.76 633,782.09 (4,866.67) 1,671.32 0.787 FN Am47124 Bullet 3138L74J2 856,847 850,960.38 837,744.69 (13,215.69) 2,020.49 0.759 FNR 2003-79 NJ Mtge Bullet 31393EER6 167,065 140,498.54 137,241.74 (3,256.80) 553.33 0.346 FHR 2935 AC Mtge Bullet 31395MQ28 115,131 98,804.02 96,418.46 (2,385.56) 383.04 0.487 FN BL6989 Bullet 3140HYXT0 481,189 479,065.86 478,088.71 (977.15) 571.53 0.751 TOTAL 12,260,541.74 12,067,014.94 11,959,117.33 (107,897.61) 48,924.70 0.302 0.0774 FDIC Insured CD's CD - 12/31/10 3.55 AXP 12/4/23 27471 02589AA28 249,998 271,462.45 264,548.55 (6,913.90) 643.38 3.160 2.45 BWW 5/10/22 35141 05580ARK2 245,000 255,250.80 250,061.70 (5,189.10) 855.15 2.450 1.75 SECSTB 12/18/24 8941 062163BN9 245,000 257,833.10 256,544.40 (1,288.70) 152.71 1.750 0.20 HAPOAL 11/27/22 33686 06251A2M1 249,000 249,000.00 249,191.73 191.73 61.40 0.200 3.10 BANK MIDWEST CD 9/15/23 5170 063615BM9 245,000 266,555.10 260,520.75 (6,034.35) 2,205.67 3.100 2.45 SONHBT 5/23/22 24540 06426KBB3 245,000 255,397.80 250,211.15 (5,186.65) 131.56 2.450 2.30 BACR 10/18/22 57203 06740KLD7 245,000 256,551.75 251,921.25 (4,630.50) 1,142.44 2.300 2.4 COF 4/19/22 33954 1404202E9 247,000 256,788.61 251,660.89 (5,127.72) 1,185.60 2.400 2.4 COF 8/30/22 4297 14042RHS3 245,000 256,512.55 251,568.45 (4,944.10) 1,949.26 2.400 3.15 CFBANK 9/18/23 28263 15721UCQ0 245,000 266,898.10 260,738.80 (6,159.30) 274.87 3.150 3.30 C 9/7/23 7213 17312QS34 245,000 267,909.95 261,370.90 (6,539.05) 2,569.48 3.300 1.75 CNBMIL 12/9/24 3814 17801GBW8 245,000 257,823.30 256,492.95 (1,330.35) 258.42 1.750 2.55 CMS 1/18/22 57293 29278TAK6 245,000 253,947.40 248,366.30 (5,581.10) 256.75 2.550 1.65 ESSA 7/29/21 28262 29667RSB0 245,000 248,924.90 245,316.05 (3,608.85) 1,694.53 1.650 1.70 FNLC 7/30/21 4256 32117BDW5 245,000 249,069.45 245,338.10 (3,731.35) 342.33 1.700 3.10 SRCE 10/21/22 9087 33646CKJ2 245,000 261,108.75 254,532.95 (6,575.80) 2,122.44 3.100 2.35 GS 8/30/22 33124 38148PNS2 245,000 256,247.95 251,423.90 (4,824.05) 1,908.65 2.350 1.85 LIVOAK 12/11/24 58665 538036HF4 245,000 258,901.30 257,343.10 (1,558.20) 372.53 1.850 1.65 MEDBNK 12/6/21 57449 58404DFV8 247,000 252,182.06 248,711.71 (3,470.35) 279.14 1.650 2.60 MS 2/15/22 32992 61747MK83 245,000 254,574.60 248,917.55 (5,657.05) 2,373.48 2.600 1.75 MS 12/6/21 34221 61760A3R8 247,000 252,564.91 248,854.97 (3,709.94) 307.90 1.750 2.05 NTLNYC 8/30/22 18734 634116CM7 245,000 254,633.40 250,537.00 (4,096.40) 13.76 2.050 3.40 NCBSVG 12/21/23 32612 635573AL2 247,234 270,499.60 263,992.40 (6,507.20) 228.22 3.220 0.30 NYCB 11/9/23 16022 649447UE7 249,000 249,000.00 249,258.96 258.96 108.47 0.300 2.15 NRTHFL 10/25/22 28710 66612ABX5 245,000 255,784.90 251,529.25 (4,255.65) 966.91 2.150 1.70 RCKCAN 12/20/23 33542 77183VAD0 245,000 256,078.90 253,658.30 (2,420.60) 125.52 1.700 2.80 SALLMA 4/17/24 58177 7954502H7 245,000 266,863.80 262,127.95 (4,735.85) 1,409.59 2.590 2.75 SBIIN 02/16/23 33682 856285HZ7 245,000 260,817.20 255,260.60 (5,556.60) 2,491.95 2.750 1.65 SNV 12/9/21 873 87164DPS3 245,000 250,196.45 246,764.00 (3,432.45) 243.66 1.650 2.35 SYF 10/20/22 27314 87164WTC2 245,000 256,858.00 252,109.90 (4,748.10) 1,135.73 2.350 2.15 EVER 10/28/22 34775 87270LAV5 245,000 255,870.65 251,622.35 (4,248.30) 894.75 2.150 2.05 THFDSL 10/27/21 30012 88413QBT4 245,000 251,090.70 246,619.45 (4,471.25) 894.42 2.050 3.00 TOWN 9/27/21 35095 89214PCA5 245,000 253,621.55 246,786.05 (6,835.50) 1,953.29 3.000 TOTAL FDIC Insured CD's 8,106,231.99 8,486,819.98 8,343,902.36 (142,917.62) 31,553.96 2.229 WELLS MONEY MKT 5,579,836.45 5,579,836.45 5,579,836.45 45.25 0.010 AML POOL - City ACCT Agreed to Amlip 1,427,921.61 1,427,921.61 1,427,921.61 9.37 0.010 Agreed to GL 27,374,531.79 27,561,592.98 27,310,777.75 (250,815.23) 80,533.28 WF Cash Agreed to WF 764,995.73 764,995.73 764,995.73 - - 0.010 TOTAL 28,139,527.52 28,326,588.71 28,075,773.48 (250,815.23) 80,533.28 MONTHS (63,754.04) TOTAL CURRENT YIELD 0.7827% Max/Min Return Actual Difference Maturity over 2 years 30% Maximum 8,422,732.04 1.3836%6,402,489 2,020,242.62 OK Liquidity 20% Minimum 5,615,154.70 0.4570%15,034,733 (9,419,578.75) OK Maturity 1 - 2 years 0.9408% 6,638,551 0.7827% 28,075,773 Page 123 CITY OF KENAI PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY June 30, 2021 Current or Current Average Portfolio Target Portfolio 30-Jun-20 30-Sep-20 31-Dec-20 31-Mar-21 30-Jun-21 Yield Weight Weight Maximum Cash Cash & Cash Equivalents 1,686,563 1,675,498 2,070,212 1,859,760 2,190,624 0.01% 6.20% 5.00% 10.00% Fixed Income Government & Corporate Securities Government Securities 8,908,043 9,029,809 9,059,561 5,510,068 5,766,625 1.34% 16.35% Corporate Securities 2,951,572 2,954,951 3,008,315 3,358,495 3,331,243 1.81%9.45% Total Fixed Income 11,859,615 11,984,760 12,067,876 8,868,563 9,097,868 1.54% 25.80% 30.00% 45.00% Equities: Domestic Equities: Large-Cap Index 6,216,950 6,277,450 7,044,122 7,785,032 7,847,291 22.25% 22.00% 25.00% Small-Cap Index 1,428,285 1,504,959 1,969,325 2,373,660 2,210,115 6.27% 6.00% 10.00% Mid-Cap Index 2,937,586 3,040,011 3,587,646 4,544,749 4,369,012 12.39%12.00%15.00% Total Domestic Equities 10,582,821 10,822,420 12,601,093 14,703,441 14,426,418 40.91% 40.00% 50.00% International Equities: International Equity 2,820,829 3,135,397 3,408,193 4,360,394 4,389,491 12.45% 12.00% 15.00% Emerging Markets 1,385,874 1,555,963 1,772,297 2,839,434 2,923,176 8.29%8.00%10.00% Total International Equities 4,206,703 4,691,360 5,180,490 7,199,828 7,312,667 20.74%20.00% 25.00% Real Estate: JP Morgan Beta Builders MSCI Reit 372,699 443,932 488,356 542,069 773,540 2.19% Pacer Benchmark Industrial Real Estat - 145,812 159,528 174,858 - 0.00% Total Real Estate 372,699 589,744 647,884 716,927 773,540 2.19% 2.00% 7.00% Infrastructure - Flexshares Stoxx Global Broad Infrastucture 866,614 922,410 994,560 1,477,735 1,465,887 4.16%3.00%8.00% Total Equities 16,028,837 17,025,934 19,424,027 24,097,931 23,978,512 68.00%65.00%90.00% Total Portfolio 29,575,015 30,686,192 33,562,115 34,826,254 35,267,004 8.45%100.00%100.00%145.00% Total ALSPF Balance 25,230,638 26,178,591 28,632,059 29,710,505 30,068,105 Total GLSPF Balance 3,210,886 3,331,523 3,643,755 3,781,000 3,803,858 Total Kenai Community Foundation 157,004 162,903 178,171 184,881 193,233 Total Kenai Senior Connection 976,487 1,013,175 1,108,130 1,149,869 1,201,808 Fair Market Value 0.00% 25.00% 50.00% Cash Fixed Income Large-Cap Index Small-Cap Index Mid-Cap Index International Equity Emerging Markets Real Estate: Infrastructure - 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 0.49% 4.51% 8.45% 23.08% 8.79% Benchmark 0.51% 4.49% 7.93% 22.86% 8.91% 0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% Portfolio Performance Page 124  $15,000,000  $17,000,000  $19,000,000  $21,000,000  $23,000,000  $25,000,000  $27,000,000  $29,000,000  $31,000,000 Total ALSPF Balance 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  $4,000,000 Total GLSPF Balance  $‐  $50,000  $100,000  $150,000  $200,000  $250,000 Total Kenai Community Foundation Balance $50,000 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.  $‐  $200,000  $400,000  $600,000  $800,000  $1,000,000  $1,200,000  $1,400,000 Total Kenai Senior Connection Balance Initial investment. Transfer of $137,239 to  General Fund Operations. Transfer of $928,251 to  Airport Operations. Transfer of $148,315 to  General Fund Operations. Transfer of $1,012,722 to Airport Operations. Page 125 Clients are encouraged to compare this report with the official statement from their custodian.INVESTMENT PERFORMANCECurrentMonthCurrentQuarterYear toDateLatest 1YearInception toDatePortfolio0.49 4.51 8.45 23.08 8.79Benchmark0.51 4.49 7.93 22.86 8.910.005.0010.0015.0020.0025.00Percent Total Return (Gross)Performance is Annualized for Periods Greater than One YearCurrent Account Benchmark:Equity BlendPORTFOLIO COMPOSITIONFixed Income32%US Lg Cap22%US Md Cap13%US Sm Cap6%Int'l13%Emer Mkts8%Real Estate6%MANAGEMENT TEAMClient Relationship Manager: Blake Phillips, CFA®Blake@apcm.netYour Portfolio Manager: Bill Lierman, CFA®Contact Phone Number: 907/272 -7575ACCOUNT ACTIVITYPortfolio Value on 05-31-21 35,095,700Contributions 0Withdrawals -554Change in Market Value 13,425Interest 19,418Dividends 139,015Portfolio Value on 06-30-21 35,267,004CITY OF KENAI PERMANENT FUNDSAccount Statement - Period Ending June 30, 2021Page 126 Alaska Permanent Capital Management Co. PORTFOLIO SUMMARY AND TARGET CITY OF KENAI PERMANENT FUNDS June 30, 2021 % Asset Class & Target Market Value Assets Range FIXED INCOME (35%) US Fixed Income (30.0%) 9,098,435 25.8 25% to 45% Cash (5.0%) 2,214,633 6.3 0% to 10% Subtotal: 11,313,068 32.1 EQUITY (60%) US Large Cap (22.0%) 7,822,715 22.2 17% to 27% US Mid Cap (12.0%) 4,369,012 12.4 7% to 17% US Small Cap (6.0%) 2,210,115 6.3 0% to 11% Developed International Equity (12.0%) 4,389,491 12.4 7% to 17% Emerging Markets (8.0%) 2,923,176 8.3 0% to 13% Subtotal: 21,714,509 61.6 ALTERNATIVE INVESTMENTS (5%) Real Estate (2.0%) 773,540 2.2 0% to 5% Infrastructure (3.0%) 1,465,887 4.2 0% to 6% Subtotal: 2,239,427 6.3 TOTAL PORTFOLIO 35,267,004 100 Page 127 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2021YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest MaturityFNMA & FHLMC8,894 FHLMC POOL G14203 104.56 9,300 106.53 9,475 0.03 356 30 -0.784.000% Due 04-01-2687,776 FG POOL C91270 105.67 92,754108.59 95,315 0.27 3,950 329 1.064.500% Due 10-01-2984,482 FG POOL J30401 101.30 85,577106.17 89,694 0.25 2,534 211 0.783.000% Due 01-01-3089,055 FG POOL G16255 99.70 88,790105.42 93,886 0.27 2,226 186 1.012.500% Due 07-01-3289,762 FNCL POOL 995373 106.72 95,793 111.45 100,038 0.28 4,039 337 1.814.500% Due 02-01-39110,681 FR RB5095 MTGE 103.84 114,927 102.09 112,990 0.32 2,214 37 1.512.000% Due 01-01-41232,576 FN POOL AJ1405 104.48 243,006 109.97 255,773 0.73 9,303 775 1.814.000% Due 09-01-41127,625 FN POOL AT2324 100.20 127,884 106.85 136,367 0.39 3,829 64 1.593.000% Due 01-01-43183,830 FG POOL V80057 100.23 184,260 107.49 197,591 0.56 5,515 460 1.573.000% Due 05-01-43119,715 FN POOL AL3180 100.20 119,958 106.84 127,907 0.36 3,591 299 1.593.000% Due 05-01-43134,083 FG POOL G08722 102.09 136,880 106.85 143,268 0.41 4,693 391 1.973.500% Due 09-01-4648,678 FN AS8483 102.95 50,115 105.63 51,420 0.15 1,460 122 1.693.000% Due 12-01-4677,253 FN POOL BD2453 99.89 77,169106.28 82,103 0.23 2,318 193 1.693.000% Due 01-01-47229,362 FN POOL AS8810 102.04 234,039 106.06 243,271 0.69 8,028 669 2.023.500% Due 02-01-4779,220 FN POOL MA2930 103.56 82,042107.47 85,137 0.24 3,169 264 2.264.000% Due 03-01-4769,303 FG G61893 101.14 70,094 105.22 72,918 0.21 2,079 173 1.673.000% Due 07-01-4737,472 FN MA3276 105.75 39,626 105.85 39,663 0.11 1,312 109 1.943.500% Due 02-01-4868,614 FN MA3305 103.02 70,683 105.73 72,546 0.21 2,401 200 1.863.500% Due 03-01-4823,593 FN POOL MA3638 103.09 24,323 106.50 25,128 0.07 944 79 2.304.000% Due 04-01-4958,814 FR RA1343 104.69 61,571 105.16 61,848 0.18 1,764 147 1.783.000% Due 09-01-4939,162 FN MA3834 101.90 39,905 104.25 40,826 0.12 1,175 98 1.773.000% Due 11-01-4941,234 FN MA3871 101.91 42,020 104.26 42,990 0.12 1,237 103 1.773.000% Due 12-01-49Page 128 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2021YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity48,836 FR QA5517 102.31 49,965 104.41 50,990 0.14 1,465 122 1.783.000% Due 12-01-4944,225 FN MA3960 102.31 45,248 104.26 46,110 0.13 1,327 111 1.993.000% Due 03-01-5080,821 FANNIE MAE POOL 104.98 84,849 103.53 83,671 0.24 2,021 168 1.762.500% Due 05-01-50149,552 FANNIE MAE POOL 105.11 157,193 103.92 155,417 0.44 3,739 312 1.762.500% Due 08-01-50109,401 FN CA7738 MTGE 105.64 115,572 103.53 113,260 0.32 2,735 228 1.762.500% Due 11-01-50111,621 FN MA4237 MTGE 103.73 115,789 101.04 112,777 0.32 2,232 37 1.792.000% Due 01-01-51Accrued Interest6,253 0.022,659,333 2,748,630 7.79 6,253CORPORATE BONDS100,000 ABBVIE INC 101.31 101,307 103.32 103,324 0.29 2,900 443 0.432.900% Due 11-06-22100,000 GOLDMAN SACHS GROUP INC 101.98 101,985 104.98 104,981 0.30 3,625 1,601 0.423.625% Due 01-22-2375,000 STARBUCKS CORP 98.54 73,902104.29 78,217 0.22 2,325 775 0.523.100% Due 03-01-23100,000 AVALONBAY COMMUNITIES 100.82 100,816 103.35 103,348 0.29 2,850 839 0.872.850% Due 03-15-23200,000 BANK OF NEW YORK MELLON 97.83 195,666 103.56 207,118 0.59 4,400 1,650 0.522.200% Due 08-16-23200,000 JPMORGAN CHASE & CO 105.18 210,362 108.31 216,626 0.61 7,750 3,229 0.633.875% Due 02-01-24100,000 MORGAN STANLEY IND FINANCIAL SRV 103.71 103,711 108.76 108,762 0.31 3,875 667 0.743.875% Due 04-29-24100,000 WELLS FARGO & COMPANY 99.88 99,882 107.81 107,813 0.31 3,300 1,027 0.813.300% Due 09-09-24150,000 KIMCO REALTY CORP 94.92 142,377 107.82 161,737 0.46 4,950 2,062 1.073.300% Due 02-01-25150,000 REYNOLDS AMERICAN INC 108.47 162,700 110.78 166,167 0.47 6,675 352 1.624.450% Due 06-12-25150,000 CITIGROUP INC 101.65 152,470 110.59 165,879 0.47 5,550 2,605 1.293.700% Due 01-12-26100,000 KROGER CO 99.82 99,820 106.14 106,139 0.30 2,650 559 1.442.650% Due 10-15-26100,000 GENERAL DYNAMICS CORP 106.12 106,120 110.95 110,951 0.31 3,500 875 1.513.500% Due 04-01-2735,000 DARDEN RESTAURANTS INC 110.59 38,706 111.10 38,885 0.11 1,347 225 1.843.850% Due 05-01-27110,000 BORGWARNER INC 107.34 118,072 106.06 116,662 0.33 2,915 1,457 1.592.650% Due 07-01-27Page 129 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2021YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity100,000 ENBRIDGE INC 101.13 101,135 110.29 110,295 0.31 3,700 1,706 1.893.700% Due 07-15-27100,000 ANHEUSER-BUSCH INBEV WORLDWIDE 114.31 114,309 113.86 113,862 0.32 4,000 867 1.824.000% Due 04-13-28100,000 INTEL CORP 105.62 105,622 105.25 105,247 0.30 2,450 313 1.772.450% Due 11-15-2950,000 KOHL'S CORPORATION 99.80 49,901 103.53 51,763 0.15 1,687 427 2.963.375% Due 05-01-31100,000 AT&T INC 119.32 119,320 143.55 143,551 0.41 6,375 2,125 3.346.375% Due 03-01-41100,000 HOME DEPOT INC 115.63 115,627 133.55 133,551 0.38 4,875 1,842 2.854.875% Due 02-15-44100,000 CARDINAL HEALTH 111.47 111,470 119.50 119,496 0.34 4,900 1,443 3.684.900% Due 09-15-45100,000 BANK OF AMERICA CORP 106.31 106,308 123.98 123,978 0.35 4,443 1,987 3.114.443% Due 01-20-48100,000 Sysco Corporation 120.54 120,536 119.52 119,525 0.34 4,450 1,310 3.344.450% Due 03-15-4850,000 TELUS CORP 121.52 60,762 119.85 59,924 0.17 2,150 96 3.224.300% Due 06-15-49110,000 MAGELLAN MIDSTEAM PARTN 109.07 119,976 108.50 119,351 0.34 4,345 1,448 3.483.950% Due 03-01-50110,000 KANSAS CITY SOUTHERN 108.00 118,801 105.40 115,937 0.33 3,850 642 3.213.500% Due 05-01-5075,000 NUTRIEN LTD 99.74 74,803 115.07 86,305 0.24 2,962 395 3.153.950% Due 05-13-50Accrued Interest32,968 0.093,126,467 3,332,363 9.45 32,968DOMESTIC LARGE CAP EQUITY FUNDS/ETF3,140 FLEXSHARES QUAL DIV ETF40.53 127,261 56.14 176,280 0.50 NA17,863 SPDR S&P 500 ETF 209.90 3,749,370 428.06 7,646,436 21.68 NA3,876,630 7,822,715 22.18DOMESTIC MID CAP EQUITY FUNDS/ETF16,258 ISHARES CORE S&P MIDCAP 400 ETF 115.77 1,882,219 268.73 4,369,012 12.39 NADOMESTIC SMALL CAP EQUITY FUNDS/ETF19,562 ISHARES S&P SMALLCAP 600 INDEX ETF 50.32 984,433 112.98 2,210,115 6.27 NAINTERNATIONAL EQUITY FUNDS/ETF58,636 ISHARES ETF CORE MSCI EAFE 66.21 3,882,529 74.86 4,389,491 12.45 NAEMERGING MARKET FUNDS/ETF43,636 ISHARES ETF CORE MSCI EMERGING MKTS 52.59 2,294,995 66.99 2,923,176 8.29 NAPage 130 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2021YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest MaturityREAL ESTATE & INFRASTRUCTURE25,507 FLEXSHAR STX GLOBAL BROAD INF ETF 50.57 1,289,803 57.47 1,465,887 4.16 NA8,072 JPMORGAN BETABUILDERS MSCI US REIT ETF 81.40 657,100 95.83 773,540 2.19 NA1,946,903 2,239,427 6.35U.S. TREASURY 50,000 US TREASURY NOTES 100.0250,010 100.01 50,004 0.14 62 26 0.120.125% Due 07-31-22110,000 US TREASURY NOTES 99.96109,953 99.85 109,833 0.31 137 34 0.210.125% Due 03-31-2320,000 US TREASURY NOTES 100.00 19,999 99.74 19,948 0.06 25 12 0.250.125% Due 07-15-23190,000 US TREASURY NOTE 99.75189,532 99.57 189,183 0.54 237 50 0.310.125% Due 10-15-23150,000 US TREASURY NOTES 99.41 149,109 103.04 154,558 0.44 2,437 411 0.321.625% Due 10-31-23180,000 US TREASURY NOTES 99.86179,740 99.45 179,015 0.51 450 57 0.440.250% Due 05-15-24205,000 US TREASURY NOTES 104.70 214,633 102.75 210,629 0.60 2,819 1,176 0.601.375% Due 01-31-2575,000 US TREASURY NOTES 99.71 74,780 108.15 81,114 0.23 2,062 6 0.682.750% Due 06-30-2520,000 US TREASURY NOTES 100.16 20,032 98.11 19,622 0.06 50 21 0.720.250% Due 07-31-2575,000 US TREASURY NOTES 95.63 71,726 103.65 77,739 0.22 1,219 156 0.861.625% Due 05-15-26200,000 US TREASURY NOTES 95.26 190,516 105.53 211,062 0.60 4,000 511 0.942.000% Due 11-15-2615,000 US TREASURY NOTES 99.9014,985 95.84 14,377 0.04 56 23 1.080.375% Due 07-31-27100,000 US TREASURY NOTES 99.59 99,590 100.39 100,395 0.28 1,250 312 1.191.250% Due 03-31-28160,000 US TREASURY NOTES 102.38 163,808 113.13 181,006 0.51 5,000 639 1.263.125% Due 11-15-2820,000 US TREASURY NOTES 101.7420,348 109.66 21,931 0.06 525 197 1.292.625% Due 02-15-29225,000 US TREASURY NOTES 108.51 244,143 100.99 227,223 0.64 3,375 1,268 1.381.500% Due 02-15-3010,000 US TREASURY NOTES 100.79 10,079 93.47 9,347 0.03 62 8 1.410.625% Due 05-15-3020,000 US TREASURY NOTE 99.7319,945 93.16 18,633 0.05 125 47 1.430.625% Due 08-15-30125,000 US TREASURY NOTES 97.64 122,046 95.09 118,867 0.34 1,094 140 1.440.875% Due 11-15-30Page 131 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2021YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity75,000 US TREASURY NOTE 95.5171,631 97.08 72,808 0.21 844 317 1.451.125% Due 02-15-31125,000 US TREASURY NOTES 100.89 126,113 101.53 126,914 0.36 2,031 259 1.461.625% Due 05-15-31125,000 US TREASURY NOTES 127.11 158,890 131.47 164,341 0.47 4,844 1,820 1.903.875% Due 08-15-40115,000 US TREASURY NOTES 95.68 110,031 89.83 103,302 0.29 1,581 202 2.011.375% Due 11-15-4055,000 US TREASURY NOTES 117.36 64,546 119.48 65,716 0.19 1,719 646 2.013.125% Due 02-15-4395,000 US TREASURY NOTES 102.9897,832 117.10 111,243 0.32 2,731 349 2.072.875% Due 05-15-4915,000 US TREASURY NOTES 100.74 15,111 81.65 12,248 0.03 187 24 2.101.250% Due 05-15-50115,000 US TREASURY NOTES 96.64 111,133 89.81 103,285 0.29 1,869 239 2.091.625% Due 11-15-50Accrued Interest8,949 0.032,720,262 2,763,293 7.84 8,949AGENCIES125,000 FEDERAL HOME LOAN BANK 99.90124,875 99.10 123,870 0.35 750 258 0.820.600% Due 08-27-25125,000 FHLB 104.27 130,335 103.52 129,405 0.37 2,031 615 0.991.625% Due 03-12-27Accrued Interest873 0.00255,210 254,148 0.72 873CASH AND EQUIVALENTSDIVIDEND ACCRUAL 24,577 24,577 0.07WF ADV GOVT MM FD-INSTL #1751 2,190,056 2,190,056 6.212,214,633 2,214,633 6.28TOTAL PORTFOLIO 25,843,615 35,267,004 100 234,031 49,043Page 132 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TradeDate Date Security Quantity AmountPURCHASESREAL ESTATE & INFRASTRUCTURE06-01-21 06-03-21 JPMORGAN BETABUILDERS MSCI US REIT ETF1,960.0000 187,082.00U.S. TREASURY 06-08-21 06-09-21 US TREASURY NOTES 125,000 126,113.281.625% Due 05-15-3106-08-21 06-09-21 US TREASURY NOTES 180,000 179,739.840.250% Due 05-15-24305,853.12492,935.12DEPOSITS AND EXPENSESMANAGEMENT FEES06-30-21 06-30-21 MANAGEMENT FEES 4,605.584,605.58DividendDOMESTIC LARGE CAP EQUITY FUNDS/ETF06-18-21 07-30-21 SPDR S&P 500 ETF 24,577.2606-24-21 06-24-21 FLEXSHARES QUAL DIV ETF856.1325,433.39DOMESTIC MID CAP EQUITY FUNDS/ETF06-16-21 06-16-21 ISHARES CORE S&P MIDCAP 400 ETF12,004.14DOMESTIC SMALL CAP EQUITY FUNDS/ETF06-16-21 06-16-21 ISHARES S&P SMALLCAP 600 INDEX ETF4,949.89Page 133 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TradeDate Date Security Quantity AmountEMERGING MARKET FUNDS/ETF06-16-21 06-16-21 ISHARES ETF CORE MSCI EMERGING MKTS20,532.27INTERNATIONAL EQUITY FUNDS/ETF06-16-21 06-16-21 ISHARES ETF CORE MSCI EAFE63,817.02REAL ESTATE & INFRASTRUCTURE06-24-21 06-24-21 FLEXSHAR STX GLOBAL BROAD INF ETF9,959.2806-25-21 06-25-21 JPMORGAN BETABUILDERS MSCI US REIT ETF2,318.7612,278.04139,014.75InterestCASH AND EQUIVALENTS06-01-21 06-01-21 WF ADV GOVT MM FD-INSTL #175116.57CORPORATE BONDS06-14-21 06-14-21 REYNOLDS AMERICAN INC3,337.504.450% Due 06-12-2506-15-21 06-15-21 TELUS CORP 1,075.004.300% Due 06-15-494,412.50FNMA & FHLMC06-15-21 06-15-21 FHLMC POOL G14203 30.794.000% Due 04-01-2606-15-21 06-15-21 FG POOL G16255 192.702.500% Due 07-01-32Page 134 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TradeDate Date Security Quantity Amount06-15-21 06-15-21 FG POOL G08722 408.493.500% Due 09-01-4606-15-21 06-15-21 FG POOL C91270 338.764.500% Due 10-01-2906-15-21 06-15-21 FG POOL J30401 217.033.000% Due 01-01-3006-15-21 06-15-21 FG POOL V80057 462.023.000% Due 05-01-4306-15-21 06-15-21 FG G61893 179.663.000% Due 07-01-4706-25-21 06-25-21 FR QA5517 125.213.000% Due 12-01-4906-25-21 06-25-21 FR RA1343 151.283.000% Due 09-01-4906-25-21 06-25-21 FR RB5095 MTGE 186.252.000% Due 01-01-4106-25-21 06-25-21 FN POOL AJ1405 801.894.000% Due 09-01-4106-25-21 06-25-21 FN POOL AT2324 321.593.000% Due 01-01-4306-25-21 06-25-21 FN AS8483 126.143.000% Due 12-01-4606-25-21 06-25-21 FN POOL AS8810 722.833.500% Due 02-01-4706-25-21 06-25-21 FN POOL AL3180 300.203.000% Due 05-01-4306-25-21 06-25-21 FN POOL BD2453 196.383.000% Due 01-01-4706-25-21 06-25-21 FANNIE MAE POOL 178.782.500% Due 05-01-5006-25-21 06-25-21 FANNIE MAE POOL 318.272.500% Due 08-01-5006-25-21 06-25-21 FN CA7738 MTGE 232.052.500% Due 11-01-5006-25-21 06-25-21 FNCL POOL 995373 350.434.500% Due 02-01-39Page 135 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TradeDate Date Security Quantity Amount06-25-21 06-25-21 FN POOL MA2930 276.344.000% Due 03-01-4706-25-21 06-25-21 FN MA3305 210.683.500% Due 03-01-4806-25-21 06-25-21 FN MA3276 115.683.500% Due 02-01-4806-25-21 06-25-21 FN POOL MA3638 83.334.000% Due 04-01-4906-25-21 06-25-21 FN MA3834 102.963.000% Due 11-01-4906-25-21 06-25-21 FN MA3871 108.253.000% Due 12-01-4906-25-21 06-25-21 FN MA3960 116.993.000% Due 03-01-5006-25-21 06-25-21 FN MA4237 MTGE 187.362.000% Due 01-01-517,042.34U.S. TREASURY 06-30-21 06-30-21 US TREASURY NOTES 1,031.252.750% Due 06-30-2512,502.66PRINCIPAL PAYDOWNSFNMA & FHLMC06-15-21 06-15-21 FHLMC POOL G14203 342.57 342.574.000% Due 04-01-2606-15-21 06-15-21 FG POOL G16255 3,440.46 3,440.462.500% Due 07-01-3206-15-21 06-15-21 FG POOL G08722 5,972.00 5,972.003.500% Due 09-01-4606-15-21 06-15-21 FG POOL C91270 2,561.62 2,561.624.500% Due 10-01-2906-15-21 06-15-21 FG POOL J30401 2,331.51 2,331.513.000% Due 01-01-30Page 136 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TradeDate Date Security Quantity Amount06-15-21 06-15-21 FG POOL V80057 976.51 976.513.000% Due 05-01-4306-15-21 06-15-21 FG G61893 2,562.29 2,562.293.000% Due 07-01-4706-25-21 06-25-21 FR QA5517 1,249.25 1,249.253.000% Due 12-01-4906-25-21 06-25-21 FR RA1343 1,696.92 1,696.923.000% Due 09-01-4906-25-21 06-25-21 FR RB5095 MTGE 1,070.99 1,070.992.000% Due 01-01-4106-25-21 06-25-21 FN POOL AJ1405 7,989.44 7,989.444.000% Due 09-01-4106-25-21 06-25-21 FN POOL AT2324 1,010.32 1,010.323.000% Due 01-01-4306-25-21 06-25-21 FN AS8483 1,779.05 1,779.053.000% Due 12-01-4606-25-21 06-25-21 FN POOL AS8810 18,465.58 18,465.583.500% Due 02-01-4706-25-21 06-25-21 FN POOL AL3180 365.76 365.763.000% Due 05-01-4306-25-21 06-25-21 FN POOL BD2453 1,299.68 1,299.683.000% Due 01-01-4706-25-21 06-25-21 FANNIE MAE POOL 4,992.72 4,992.722.500% Due 05-01-5006-25-21 06-25-21 FANNIE MAE POOL 3,216.70 3,216.702.500% Due 08-01-5006-25-21 06-25-21 FN CA7738 MTGE 1,981.03 1,981.032.500% Due 11-01-5006-25-21 06-25-21 FNCL POOL 995373 3,684.60 3,684.604.500% Due 02-01-3906-25-21 06-25-21 FN POOL MA2930 3,682.05 3,682.054.000% Due 03-01-4706-25-21 06-25-21 FN MA3305 3,618.45 3,618.453.500% Due 03-01-4806-25-21 06-25-21 FN MA3276 2,190.24 2,190.243.500% Due 02-01-48Page 137 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TradeDate Date Security Quantity Amount06-25-21 06-25-21 FN POOL MA3638 1,407.35 1,407.354.000% Due 04-01-4906-25-21 06-25-21 FN MA3834 2,023.95 2,023.953.000% Due 11-01-4906-25-21 06-25-21 FN MA3871 2,064.75 2,064.753.000% Due 12-01-4906-25-21 06-25-21 FN MA3960 2,570.44 2,570.443.000% Due 03-01-5006-25-21 06-25-21 FN MA4237 MTGE 795.58 795.582.000% Due 01-01-5185,341.8185,341.81Purchased Accrued InterestU.S. TREASURY 06-08-21 06-09-21 US TREASURY NOTES 137.991.625% Due 05-15-3106-08-21 06-09-21 US TREASURY NOTES 30.570.250% Due 05-15-24168.56168.56SALES, MATURITIES, AND CALLSDOMESTIC SMALL CAP EQUITY FUNDS/ETF06-01-21 06-03-21 ISHARES S&P SMALLCAP 600 INDEX ETF1,629.0000 187,025.52EMERGING MARKET FUNDS/ETF06-01-21 06-03-21 ISHARES ETF CORE MSCI EMERGING MKTS1,849.0000 125,823.80Page 138 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TradeDate Date Security Quantity AmountREAL ESTATE & INFRASTRUCTURE06-01-21 06-03-21 PACER INDUSTRIAL REAL ESTATE ETF4,362.0000 185,821.57498,670.89WithdrawCASH AND EQUIVALENTS06-21-21 06-21-21 WF ADV GOVT MM FD-INSTL #1751553.51553.51Page 139 Alaska Permanent Capital Management Co.REALIZED GAINS AND LOSSESCITY OF KENAI PERMANENT FUNDSFrom 06-01-21 Through 06-30-21Avg. CostDate Quantity Security Basis Proceeds Gain Or Loss06-01-21 1,849.0000 ISHARES ETF CORE MSCI EMERGING MKTS97,246.43 125,823.80 28,577.3706-01-21 4,362.0000 PACER INDUSTRIAL REAL ESTATE ETF153,582.59 185,821.57 32,238.9806-01-21 1,629.0000 ISHARES S&P SMALLCAP 600 INDEX ETF81,977.41 187,025.52 105,048.1106-15-21 342.57 FHLMC POOL G14203 358.20 342.57 -15.634.000% Due 04-01-2606-15-21 3,440.46 FG POOL G16255 3,430.25 3,440.46 10.212.500% Due 07-01-3206-15-21 5,972.00 FG POOL G08722 6,096.57 5,972.00 -124.573.500% Due 09-01-4606-15-21 2,561.62 FG POOL C91270 2,706.91 2,561.62 -145.294.500% Due 10-01-2906-15-21 2,331.51 FG POOL J30401 2,361.75 2,331.51 -30.243.000% Due 01-01-3006-15-21 976.51 FG POOL V80057 978.80 976.51 -2.293.000% Due 05-01-4306-15-21 2,562.29 FG G61893 2,591.52 2,562.29 -29.233.000% Due 07-01-4706-25-21 1,249.25 FR QA5517 1,278.14 1,249.25 -28.893.000% Due 12-01-4906-25-21 1,696.92 FR RA1343 1,776.46 1,696.92 -79.543.000% Due 09-01-4906-25-21 1,070.99 FR RB5095 MTGE 1,112.07 1,070.99 -41.082.000% Due 01-01-4106-25-21 7,989.44 FN POOL AJ1405 8,347.72 7,989.44 -358.284.000% Due 09-01-4106-25-21 1,010.32 FN POOL AT2324 1,012.37 1,010.32 -2.053.000% Due 01-01-4306-25-21 1,779.05 FN AS8483 1,831.59 1,779.05 -52.543.000% Due 12-01-4606-25-21 18,465.58 FN POOL AS8810 18,842.10 18,465.58 -376.523.500% Due 02-01-47Page 140 Alaska Permanent Capital Management Co.REALIZED GAINS AND LOSSESCITY OF KENAI PERMANENT FUNDSFrom 06-01-21 Through 06-30-21Avg. CostDate Quantity Security Basis Proceeds Gain Or Loss06-25-21 365.76 FN POOL AL3180 366.50 365.76 -0.743.000% Due 05-01-4306-25-21 1,299.68 FN POOL BD2453 1,298.26 1,299.68 1.423.000% Due 01-01-4706-25-21 4,992.72 FANNIE MAE POOL 5,241.58 4,992.72 -248.862.500% Due 05-01-5006-25-21 3,216.70 FANNIE MAE POOL 3,381.05 3,216.70 -164.352.500% Due 08-01-5006-25-21 1,981.03 FN CA7738 MTGE 2,092.77 1,981.03 -111.742.500% Due 11-01-5006-25-21 3,684.60 FNCL POOL 995373 3,932.16 3,684.60 -247.564.500% Due 02-01-3906-25-21 3,682.05 FN POOL MA2930 3,813.22 3,682.05 -131.174.000% Due 03-01-4706-25-21 3,618.45 FN MA3305 3,727.57 3,618.45 -109.123.500% Due 03-01-4806-25-21 2,190.24 FN MA3276 2,316.18 2,190.24 -125.943.500% Due 02-01-4806-25-21 1,407.35 FN POOL MA3638 1,450.89 1,407.35 -43.544.000% Due 04-01-4906-25-21 2,023.95 FN MA3834 2,062.37 2,023.95 -38.423.000% Due 11-01-4906-25-21 2,064.75 FN MA3871 2,104.11 2,064.75 -39.363.000% Due 12-01-4906-25-21 2,570.44 FN MA3960 2,629.88 2,570.44 -59.443.000% Due 03-01-5006-25-21 795.58 FN MA4237 MTGE 825.29 795.58 -29.712.000% Due 01-01-51TOTAL GAINS 165,876.09TOTAL LOSSES -2,636.11420,772.72 584,012.70 163,239.98Page 141 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TranDate Date Code Activity Security AmountWF ADV GOVT MM FD-INSTL #175106-01-21 Beginning Balance 1,972,760.4606-01-21 06-03-21 wd Purchase JPMORGAN BETABUILDERS MSCI US REIT ETF-187,082.0006-01-21 06-03-21 dp Sale ISHARES ETF CORE MSCI EMERGING MKTS125,823.8006-01-21 06-03-21 dp Sale PACER INDUSTRIAL REAL ESTATE ETF185,821.5706-01-21 06-03-21 dp Sale ISHARES S&P SMALLCAP 600 INDEX ETF187,025.5206-01-21 06-01-21 dp Interest WF ADV GOVT MM FD-INSTL #175116.5706-08-21 06-09-21 wd Purchase US TREASURY NOTES -126,113.281.625% Due 05-15-3106-08-21 06-09-21 wd Accrued Interest US TREASURY NOTES -137.991.625% Due 05-15-3106-08-21 06-09-21 wd Purchase US TREASURY NOTES -179,739.840.250% Due 05-15-2406-08-21 06-09-21 wd Accrued Interest US TREASURY NOTES -30.570.250% Due 05-15-2406-14-21 06-14-21 dp Interest REYNOLDS AMERICAN INC 3,337.504.450% Due 06-12-2506-15-21 06-15-21 dp Interest TELUS CORP 1,075.004.300% Due 06-15-4906-15-21 06-15-21 dp Interest FHLMC POOL G14203 30.794.000% Due 04-01-2606-15-21 06-15-21 dp Paydown FHLMC POOL G14203 342.574.000% Due 04-01-2606-15-21 06-15-21 dp Paydown FG POOL G16255 3,440.462.500% Due 07-01-32Page 142 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TranDate Date Code Activity Security Amount06-15-21 06-15-21 dp Interest FG POOL G16255 192.702.500% Due 07-01-3206-15-21 06-15-21 dp Interest FG POOL G08722 408.493.500% Due 09-01-4606-15-21 06-15-21 dp Paydown FG POOL G08722 5,972.003.500% Due 09-01-4606-15-21 06-15-21 dp Paydown FG POOL C91270 2,561.624.500% Due 10-01-2906-15-21 06-15-21 dp Interest FG POOL C91270 338.764.500% Due 10-01-2906-15-21 06-15-21 dp Interest FG POOL J30401 217.033.000% Due 01-01-3006-15-21 06-15-21 dp Paydown FG POOL J30401 2,331.513.000% Due 01-01-3006-15-21 06-15-21 dp Paydown FG POOL V80057 976.513.000% Due 05-01-4306-15-21 06-15-21 dp Interest FG POOL V80057 462.023.000% Due 05-01-4306-15-21 06-15-21 dp Interest FG G61893 179.663.000% Due 07-01-4706-15-21 06-15-21 dp Paydown FG G61893 2,562.293.000% Due 07-01-4706-16-21 06-16-21 dp Dividend ISHARES ETF CORE MSCI EAFE 63,817.0206-16-21 06-16-21 dp Dividend ISHARES ETF CORE MSCI EMERGING MKTS20,532.2706-16-21 06-16-21 dp Dividend ISHARES CORE S&P MIDCAP 400 ETF12,004.1406-16-21 06-16-21 dp Dividend ISHARES S&P SMALLCAP 600 INDEX ETF4,949.8906-21-21 06-21-21 wd Withdrawal from Portfolio -553.51Page 143 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TranDate Date Code Activity Security Amount06-24-21 06-24-21 dp Dividend FLEXSHAR STX GLOBAL BROAD INF ETF9,959.2806-24-21 06-24-21 dp Dividend FLEXSHARES QUAL DIV ETF 856.1306-25-21 06-25-21 dp Dividend JPMORGAN BETABUILDERS MSCI US REIT ETF2,318.7606-25-21 06-25-21 dp Interest FR QA5517 125.213.000% Due 12-01-4906-25-21 06-25-21 dp Paydown FR QA5517 1,249.253.000% Due 12-01-4906-25-21 06-25-21 dp Paydown FR RA1343 1,696.923.000% Due 09-01-4906-25-21 06-25-21 dp Interest FR RA1343 151.283.000% Due 09-01-4906-25-21 06-25-21 dp Interest FR RB5095 MTGE 186.252.000% Due 01-01-4106-25-21 06-25-21 dp Paydown FR RB5095 MTGE 1,070.992.000% Due 01-01-4106-25-21 06-25-21 dp Paydown FN POOL AJ1405 7,989.444.000% Due 09-01-4106-25-21 06-25-21 dp Interest FN POOL AJ1405 801.894.000% Due 09-01-4106-25-21 06-25-21 dp Interest FN POOL AT2324 321.593.000% Due 01-01-4306-25-21 06-25-21 dp Paydown FN POOL AT2324 1,010.323.000% Due 01-01-4306-25-21 06-25-21 dp Interest FN AS8483 126.143.000% Due 12-01-4606-25-21 06-25-21 dp Paydown FN AS8483 1,779.053.000% Due 12-01-46Page 144 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TranDate Date Code Activity Security Amount06-25-21 06-25-21 dp Paydown FN POOL AS8810 18,465.583.500% Due 02-01-4706-25-21 06-25-21 dp Interest FN POOL AS8810 722.833.500% Due 02-01-4706-25-21 06-25-21 dp Interest FN POOL AL3180 300.203.000% Due 05-01-4306-25-21 06-25-21 dp Paydown FN POOL AL3180 365.763.000% Due 05-01-4306-25-21 06-25-21 dp Paydown FN POOL BD2453 1,299.683.000% Due 01-01-4706-25-21 06-25-21 dp Interest FN POOL BD2453 196.383.000% Due 01-01-4706-25-21 06-25-21 dp Interest FANNIE MAE POOL 178.782.500% Due 05-01-5006-25-21 06-25-21 dp Paydown FANNIE MAE POOL 4,992.722.500% Due 05-01-5006-25-21 06-25-21 dp Paydown FANNIE MAE POOL 3,216.702.500% Due 08-01-5006-25-21 06-25-21 dp Interest FANNIE MAE POOL 318.272.500% Due 08-01-5006-25-21 06-25-21 dp Interest FN CA7738 MTGE 232.052.500% Due 11-01-5006-25-21 06-25-21 dp Paydown FN CA7738 MTGE 1,981.032.500% Due 11-01-5006-25-21 06-25-21 dp Paydown FNCL POOL 995373 3,684.604.500% Due 02-01-3906-25-21 06-25-21 dp Interest FNCL POOL 995373 350.434.500% Due 02-01-3906-25-21 06-25-21 dp Interest FN POOL MA2930 276.344.000% Due 03-01-47Page 145 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TranDate Date Code Activity Security Amount06-25-21 06-25-21 dp Paydown FN POOL MA2930 3,682.054.000% Due 03-01-4706-25-21 06-25-21 dp Interest FN MA3305 210.683.500% Due 03-01-4806-25-21 06-25-21 dp Paydown FN MA3305 3,618.453.500% Due 03-01-4806-25-21 06-25-21 dp Interest FN MA3276 115.683.500% Due 02-01-4806-25-21 06-25-21 dp Paydown FN MA3276 2,190.243.500% Due 02-01-4806-25-21 06-25-21 dp Paydown FN POOL MA3638 1,407.354.000% Due 04-01-4906-25-21 06-25-21 dp Interest FN POOL MA3638 83.334.000% Due 04-01-4906-25-21 06-25-21 dp Interest FN MA3834 102.963.000% Due 11-01-4906-25-21 06-25-21 dp Paydown FN MA3834 2,023.953.000% Due 11-01-4906-25-21 06-25-21 dp Paydown FN MA3871 2,064.753.000% Due 12-01-4906-25-21 06-25-21 dp Interest FN MA3871 108.253.000% Due 12-01-4906-25-21 06-25-21 dp Interest FN MA3960 116.993.000% Due 03-01-5006-25-21 06-25-21 dp Paydown FN MA3960 2,570.443.000% Due 03-01-5006-25-21 06-25-21 dp Paydown FN MA4237 MTGE 795.582.000% Due 01-01-5106-25-21 06-25-21 dp Interest FN MA4237 MTGE 187.362.000% Due 01-01-51Page 146 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-21 To 06-30-21Trade Settle TranDate Date Code Activity Security Amount06-30-21 06-30-21 dp Interest US TREASURY NOTES 1,031.252.750% Due 06-30-2506-30-21 Ending Balance 2,190,056.12DIVIDEND ACCRUAL06-01-21 Beginning Balance 0.0006-18-21 07-30-21 dp Dividend SPDR S&P 500 ETF 24,577.2606-30-21 Ending Balance 24,577.26Page 147 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISAL sort by CUSIPCITY OF KENAI PERMANENT FUNDSJune 30, 2021Unit Total Market Accrued AnnualCusip9 Original Face Quantity Security Cost Cost Price Value Interest IncomeFNMA & FHLMC3128MC3L7 256,397.0000 8,894.2200 FHLMC POOL G14203 104.562501 9,300.02 106.535009,475.46 29.65 355.773128MFE46 190,000.0000 89,054.6200 FG POOL G16255 99.703123 88,790.24 105.4250093,885.83 185.53 2,226.373128MJYU8 477,000.0000 134,083.0100 FG POOL G08722 102.085937 136,879.90 106.85000143,267.70 391.08 4,692.913128P7MT7 2,000,000.0000 87,775.5200 FG POOL C91270 105.671877 92,754.04 108.58900 95,314.56 329.16 3,949.9031307LNS3 301,000.0000 84,481.8200 FG POOL J30401101.296875 85,577.44 106.17000 89,694.35 211.20 2,534.453132L5B28 450,000.0000 183,829.5900 FG POOL V80057 100.234376 184,260.44 107.48600197,591.07 459.57 5,514.8931335CC69 150,000.0000 69,303.2900 FG G61893 101.140626 70,093.78 105.2160072,918.15 173.26 2,079.103133A0DW1 100,000.0000 48,835.8100 FR QA5517 102.312497 49,965.14 104.4110050,989.96 122.09 1,465.073133KGP44 100,000.0000 58,814.0800 FR RA1343 104.687501 61,570.99 105.1580061,847.71 147.04 1,764.423133KYUU1 115,000.0000 110,681.0900 FR RB5095 MTGE103.835939 114,926.75 102.08600 112,989.90 36.89 2,213.623138ASR38 1,500,000.0000 232,576.1100 FN POOL AJ1405 104.484375 243,005.69 109.97400255,773.25 775.25 9,303.043138EKRA5 374,582.0000 127,625.0400 FN POOL AT2324100.203126 127,884.28 106.85000 136,367.36 63.81 3,828.753138WJM96 125,000.0000 48,677.9600 FN AS8483 102.953126 50,115.48 105.6320051,419.50 121.69 1,460.343138WJYG7 783,285.0000 229,362.2400 FN POOL AS8810 102.039062 234,039.08 106.06400243,270.77 668.97 8,027.683138WPSN5 335,507.0000 119,714.5200 FN POOL AL3180 100.203125 119,957.69 106.84300127,906.58 299.29 3,591.443140F9WP6 139,000.0000 77,253.3400 FN POOL BD2453 99.890625 77,168.84 106.2770082,102.53 193.13 2,317.603140KESQ2 100,000.0000 80,820.5300 FANNIE MAE POOL104.984378 84,848.93 103.52700 83,671.07 168.38 2,020.513140KLRM6 175,000.0000 149,551.6500 FANNIE MAE POOL105.109373 157,192.80 103.92200 155,417.07 311.57 3,738.793140QFS42 115,000.0000 109,401.4900 FN CA7738 MTGE 105.640623 115,572.42 103.52700113,260.08 227.92 2,735.0431416BXA1 4,000,000.0000 89,762.3200 FNCL POOL 995373106.718781 95,793.25 111.44800 100,038.31 336.61 4,039.3031418CHG2 148,000.0000 79,220.0900 FN POOL MA2930103.562500 82,042.31 107.46900 85,137.04 264.07 3,168.8031418CU77 225,000.0000 68,613.5900 FN MA3305 103.015627 70,682.72 105.7310072,545.83 200.12 2,401.4831418CUA0 125,000.0000 37,471.6600 FN MA3276 105.750001 39,626.28 105.8480039,663.00 109.29 1,311.5131418DBG6 101,000.0000 23,593.0300 FN POOL MA3638103.093756 24,322.94 106.50500 25,127.76 78.64 943.7231418DHL9 100,000.0000 39,161.6100 FN MA3834 101.898438 39,905.07 104.24900 40,825.59 97.90 1,174.8531418DJR4 100,000.0000 41,233.7200 FN MA3871 101.906254 42,019.74 104.2590042,989.86 103.08 1,237.0131418DMJ8 100,000.0000 44,225.3100 FN MA3960 102.312502 45,248.02 104.2610046,109.75 110.56 1,326.7631418DV74 115,000.0000 111,620.6700 FN MA4237 MTGE103.734374 115,789.00 101.03600 112,777.06 37.21 2,232.41Accrued I6,252.982,659,333.29 2,748,630.07 6,252.98 81,655.53CORPORATE BONDS00206RDG4 100,000.0000 100,000.0000 AT&T INC 119.320000 119,320.00 143.55100 143,551.00 2,125.00 6,375.0000287YAL3 100,000.0000 100,000.0000 ABBVIE INC101.307000 101,307.00 103.32400 103,324.00 443.06 2,900.00035240AL4 100,000.0000 100,000.0000 ANHEUSER-BUSCH INBEV WORLDWIDE114.309000 114,309.00 113.86200 113,862.00 866.67 4,000.0005348EAR0 100,000.0000 100,000.0000 AVALONBAY COMMUNITIES 100.816000 100,816.00 103.34800103,348.00 839.17 2,850.0006051GGG8 100,000.0000 100,000.0000 BANK OF AMERICA CORP 106.308000 106,308.00 123.97800 123,978.00 1,987.01 4,443.0006406FAD5 200,000.0000 200,000.0000 BANK OF NEW YORK MELLON 97.833000 195,666.00 103.55900 207,118.00 1,650.00 4,400.00099724AL0 110,000.0000 110,000.0000 BORGWARNER INC107.338000 118,071.80 106.05600 116,661.60 1,457.50 2,915.0014149YBD9 100,000.0000 100,000.0000 CARDINAL HEALTH111.470000 111,470.00 119.49600 119,496.00 1,442.78 4,900.00172967KG5 150,000.0000 150,000.0000 CITIGROUP INC101.647000 152,470.50 110.58600 165,879.00 2,605.42 5,550.00237194AL9 35,000.0000 35,000.0000 DARDEN RESTAURANTS INC 110.588000 38,705.80 111.09900 38,884.65 224.58 1,347.5029250NAR6 100,000.0000 100,000.0000 ENBRIDGE INC 101.135000 101,135.00 110.29500 110,295.00 1,706.11 3,700.00369550BL1 100,000.0000 100,000.0000 GENERAL DYNAMICS CORP 106.120000 106,120.00 110.95100110,951.00 875.00 3,500.0038141GRD8 100,000.0000 100,000.0000 GOLDMAN SACHS GROUP INC 101.985000 101,985.00 104.98100104,981.00 1,601.04 3,625.00437076BD3 100,000.0000 100,000.0000 HOME DEPOT INC115.627000 115,627.00 133.55100 133,551.00 1,841.67 4,875.00Page 148 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISAL sort by CUSIPCITY OF KENAI PERMANENT FUNDSJune 30, 2021Unit Total Market Accrued AnnualCusip9 Original Face Quantity Security Cost Cost Price Value Interest Income458140BH2 100,000.0000 100,000.0000 INTEL CORP 105.622000 105,622.00 105.24700 105,247.00 313.06 2,450.0046625HJT8 200,000.0000 200,000.0000 JPMORGAN CHASE & CO 105.181000 210,362.00 108.31300 216,626.00 3,229.17 7,750.00485170BE3 110,000.0000 110,000.0000 KANSAS CITY SOUTHERN 108.001000 118,801.10 105.39700115,936.70 641.67 3,850.0049446RAU3 150,000.0000 150,000.0000 KIMCO REALTY CORP 94.918000 142,377.00 107.82500 161,737.50 2,062.50 4,950.00500255AX2 50,000.0000 50,000.0000 KOHL'S CORPORATION 99.802000 49,901.00 103.5270051,763.50 426.56 1,687.50501044DE8 100,000.0000 100,000.0000 KROGER CO 99.820000 99,820.00 106.13900 106,139.00 559.44 2,650.00559080AP1 110,000.0000 110,000.0000 MAGELLAN MIDSTEAM PARTN 109.069000 119,975.90 108.50100119,351.10 1,448.33 4,345.0061746BDQ6 100,000.0000 100,000.0000 MORGAN STANLEY IND FINANCIAL S103.711000 103,711.00 108.76200 108,762.00 667.36 3,875.0067077MAX6 75,000.0000 75,000.0000 NUTRIEN LTD 99.738000 74,803.50 115.07400 86,305.50 395.00 2,962.50761713BG0 150,000.0000 150,000.0000 REYNOLDS AMERICAN INC 108.467000 162,700.50 110.77800166,167.00 352.29 6,675.00855244AN9 75,000.0000 75,000.0000 STARBUCKS CORP 98.536000 73,902.00 104.28900 78,216.75775.00 2,325.00871829BH9 100,000.0000 100,000.0000 Sysco Corporation 120.536000 120,536.00 119.52500 119,525.00 1,310.28 4,450.0087971MBK8 50,000.0000 50,000.0000 TELUS CORP 121.524200 60,762.10119.84900 59,924.50 95.56 2,150.0094974BGA2 100,000.0000 100,000.0000 WELLS FARGO & COMPANY 99.882000 99,882.00 107.81300 107,813.00 1,026.67 3,300.00Accrued I32,967.883,126,467.20 3,332,362.68 32,967.88 108,800.50DOMESTIC LARGE CAP EQUITY FUNDS/ETF33939L860 3,140.0000 3,140.0000 FLEXSHARES QUAL DIV ETF 40.528831 127,260.53 56.14000 176,279.60 0.0078462F103 17,863.0000 17,863.0000 SPDR S&P 500 ETF209.895866 3,749,369.85 428.06000 7,646,435.78 0.003,876,630.38 7,822,715.38 0.00DOMESTIC MID CAP EQUITY FUNDS/ETF464287507 16,258.0000 16,258.0000 ISHARES CORE S&P MIDCAP 400 ET115.771848 1,882,218.70 268.73000 4,369,012.34 0.00DOMESTIC SMALL CAP EQUITY FUNDS/ETF464287804 19,562.0000 19,562.0000 ISHARES S&P SMALLCAP 600 INDEX50.323765 984,433.48 112.980002,210,114.76 0.00INTERNATIONAL EQUITY FUNDS/ETF46432F842 58,636.0000 58,636.0000 ISHARES ETF CORE MSCI EAFE 66.214080 3,882,528.80 74.86000 4,389,490.96 0.00EMERGING MARKET FUNDS/ETF46434G103 43,636.0000 43,636.0000 ISHARES ETF CORE MSCI EMERGING52.594067 2,294,994.69 66.99000 2,923,175.64 0.00REAL ESTATE & INFRASTRUCTURE33939L795 25,507.0000 25,507.0000 FLEXSHAR STX GLOBAL BROAD INF 50.566646 1,289,803.44 57.47000 1,465,887.29 0.0046641Q738 8,072.0000 8,072.0000 JPMORGAN BETABUILDERS MSCI US 81.404811 657,099.64 95.83000 773,539.76 0.001,946,903.08 2,239,427.05 0.00U.S. TREASURY 912810QK7 125,000.0000 125,000.0000 US TREASURY NOTES 127.111805 158,889.76 131.47300 164,341.25 1,819.75 4,843.75912810QZ4 55,000.0000 55,000.0000 US TREASURY NOTES117.355473 64,545.51 119.48400 65,716.20 645.72 1,718.75912810SH2 95,000.0000 95,000.0000 US TREASURY NOTES 102.981445 97,832.37 117.09800 111,243.10 348.83 2,731.25912810SN9 15,000.0000 15,000.0000 US TREASURY NOTES 100.738267 15,110.74 81.65200 12,247.80 23.95 187.50912810SS8 115,000.0000 115,000.0000 US TREASURY NOTES 96.637565 111,133.20 89.81300103,284.95 238.67 1,868.75912810ST6 115,000.0000 115,000.0000 US TREASURY NOTES 95.679174 110,031.05 89.82800103,302.20 201.95 1,581.259128285M8 160,000.0000 160,000.0000 US TREASURY NOTES 102.380210 163,808.34 113.12900181,006.40 638.59 5,000.00Page 149 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISAL sort by CUSIPCITY OF KENAI PERMANENT FUNDSJune 30, 2021Unit Total Market Accrued AnnualCusip9 Original Face Quantity Security Cost Cost Price Value Interest Income9128286B1 20,000.0000 20,000.0000 US TREASURY NOTES 101.741271 20,348.25109.65600 21,931.20 197.24 525.00912828R36 75,000.0000 75,000.0000 US TREASURY NOTES 95.634709 71,726.03 103.6520077,739.00 155.66 1,218.75912828T91 150,000.0000 150,000.0000 US TREASURY NOTES 99.406253 149,109.38 103.03900 154,558.50 410.67 2,437.50912828U24 200,000.0000 200,000.0000 US TREASURY NOTES 95.257812 190,515.62 105.53100 211,062.00 510.87 4,000.00912828XZ8 75,000.0000 75,000.0000 US TREASURY NOTES 99.707033 74,780.27 108.1520081,114.00 5.60 2,062.50912828Z52 205,000.0000 205,000.0000 US TREASURY NOTES 104.699220 214,633.40 102.74600 210,629.30 1,175.78 2,818.75912828Z94 225,000.0000 225,000.0000 US TREASURY NOTES 108.507813 244,142.58 100.98800 227,223.00 1,267.96 3,375.00912828ZQ6 10,000.0000 10,000.0000 US TREASURY NOTES100.793000 10,079.30 93.47300 9,347.30 7.98 62.50912828ZY9 20,000.0000 20,000.0000 US TREASURY NOTES 99.996100 19,999.22 99.73800 19,947.60 11.53 25.0091282CAB7 20,000.0000 20,000.0000 US TREASURY NOTES100.160150 20,032.03 98.10900 19,621.80 20.86 50.0091282CAC5 50,000.0000 50,000.0000 US TREASURY NOTES 100.019540 50,009.77100.00800 50,004.00 26.07 62.5091282CAD3 15,000.0000 15,000.0000 US TREASURY NOTES99.898467 14,984.77 95.84400 14,376.60 23.46 56.2591282CAE1 20,000.0000 20,000.0000 US TREASURY NOTE99.726562 19,945.31 93.16400 18,632.80 46.96 125.0091282CAP6 190,000.0000 190,000.0000 US TREASURY NOTE 99.753905 189,532.42 99.57000 189,183.00 49.97 237.5091282CAV3 125,000.0000 125,000.0000 US TREASURY NOTES 97.636720 122,045.90 95.09400118,867.50 139.69 1,093.7591282CBL4 75,000.0000 75,000.0000 US TREASURY NOTE 95.507813 71,630.86 97.07800 72,808.50 316.99 843.7591282CBS9 100,000.0000 100,000.0000 US TREASURY NOTES 99.589840 99,589.84 100.39500 100,395.00 312.50 1,250.0091282CBU4 110,000.0000 110,000.0000 US TREASURY NOTES 99.957027 109,952.73 99.84800 109,832.80 34.37 137.5091282CCB5 125,000.0000 125,000.0000 US TREASURY NOTES 100.890624 126,113.28 101.53100126,913.75 259.43 2,031.2591282CCC3 180,000.0000 180,000.0000 US TREASURY NOTES 99.855467 179,739.84 99.45300 179,015.40 57.47 450.00Accrued I8,948.512,720,261.78 2,763,293.46 8,948.51 40,793.75AGENCIES3130AJ4B2 125,000.0000 125,000.0000 FHLB 104.268000 130,335.00 103.52400 129,405.00 615.02 2,031.253130AJZ36 125,000.0000 125,000.0000 FEDERAL HOME LOAN BANK 99.900000 124,875.00 99.09600 123,870.00 258.33 750.00Accrued I873.35255,210.00 254,148.35 873.35 2,781.25CASH AND EQUIVALENTSDIVIDEND ACCRUAL 24,577.26 24,577.26 0.00VP4560000 WF ADV GOVT MM FD-INSTL #1751 2,190,056.12 2,190,056.12 0.002,214,633.38 2,214,633.38 0.00TOTAL PORTFOLIO25,843,614.78 35,267,004.06 49,042.71 234,031.03Page 150 Page 151 2 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 152 Welcome July 9, 2021 Honorable Mayor and Members of the City Council City of Kenai Professional standards require us to communicate with you regarding matters related to the financial statement audit that are, in our professional judgment, significant and relevant to your responsibilities in overseeing the financial reporting process. This document provides an overview of our plan for the audit of the financial statements, schedule of expenditures of federal awards and schedule of state financial assistance of City of Kenai, the City, as of and for the year ended June 30, 2021, including a summary of the nature, scope, and timing of the planned audit work. We are pleased to be of service to the City and look forward to discussing our audit plan, as well as other matters that may be of interest to you. Respectfully, f>Do us II, 1.,,1_, f BDO USA, LLP, a Delaware limited liability partnership, is the U.S . member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms . BDO is the brand name for the BDO network and for each of the BDO Member Firms. 3 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 153 4 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 154 Responsibilities BDO USA, LLP, as your auditor, is responsible for forming and expressing an opinion(s) about whether the financial statements, the schedule of expenditures of federal awards and schedule of state financial assistance that have been prepared by management, with your oversight, are prepared, in all material respects, in conformity with accounting principles generally accepted in the United States of America. In addition, our audit will be conducted in accordance with standards for financial audits contained in the Government Auditing Standards, issued by the Comptroller General of the United States, Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements of Federal Awards (Uniform Guidance) and State of Alaska Audit Guide and Compliance Supplement for State Single Audits (State Audit Guide). The audit of the financial statements does not relieve you of your responsibilities and does not relieve management of their responsibilities. The engagement letter, a copy of which has been provided to you, includes specific details regarding the auditor's and management's responsibilities. 5 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 155 Audit Strategy Overall, our audit strategy is to assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design further audit procedures responsive to assessed risks. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. In connection with our audit, we will obtain a sufficient understanding of the City's internal control to plan the audit of the financial statements. However, such understanding is required for the purposes of determining our audit procedures and not to provide any assurance concerning such internal control. In addition, Government Auditing Standards require that we also plan and perform the audit to obtain reasonable assurance about whether the City has complied with applicable laws, regulations and the terms and conditions of the federal and state awards that may have a direct and material effect on each of City's major federal and state programs. 6 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP We focus on areas with higher risk of material misstatement (whether due to error or fraud). Our audit strategy includes consideration of: .,.. prior year audit results together with current year preliminary analytical review, including discussions with management and those charged with governance regarding the City's operations, .,.. inherent risk within the City, .,.. recent developments within the industry, regulatory environment, and general economic conditions, .,.. recently issued and effective accounting and financial reporting guidance, .,.. the City's significant accounting policies and procedures, including those requiring significant management judgments and estimates and those related to significant unusual transactions, .,.. the control environment and the possibility that the control system and procedures may fail to prevent or detect a material error or fraud, .,.. Information about systems and the computer environment in which the related systems operate, .,.. a continual assessment of materiality thresholds based upon qualitative and quantitative factors affecting the City, and .,.. internal control over compliance with requirements that could have a direct and material effect on a major federal and state program in order to determine our auditing procedures. Page 156 Planned Scope Based upon our initial assessment, our planned scope for the audit is described below: ~ The areas indicated below relate to significant risks identified during our risk assessment procedures and include a brief description of how we propose to address them: • Management Override of Controls • Revenue Recognition • Fraud Risk • Other Matters, including Significant Unusual Transactions ~ We will plan and perform the audit of the financial statements for the year ended June 30, 2021, in accordance with Government Auditing Standards (GAS). ~ We will consider the City's internal control over financial reporting as a basis for designing audit procedures for the purpose of expressing our opinion(s) on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. ~ We will perform tests of compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions is not an objective of our audit. 7 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 157 Planned Scope IJI>-We will plan and perform the audit of the Schedule of Expenditures of Federal Awards (SEFA) and Schedule of State Financial Assistance (SSFA) for the year ended June 30, 2021, in accordance with GAS, the Uniform Guidance and State Audit Guide and will issue an in relation to opinion. IJI>-We will consider internal control over compliance with requirements that could have a direct and material effect on a major federal and state program in order to determine our auditing procedures for the purpose of expressing an opinion on compliance and to test and report on internal control over compliance in accordance with the Uniform Guidance and State Audit Guide. 8 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 158 Overall Audit Timeline The following represents our anticipated schedule with regard to our audit of the financial statements of the City: Jun Jul Aug Sep Oct Nov Dec Planning ,/ ,/ Interim Fieldwork ,/ Year-End Fieldwork ,/ Release Reports on Financial Statements ,/ ,/ 9 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 159 Independence Our engagement letter to you dated July 9, 2021, describes our responsibilities in accordance with professional standards and certain regulatory authorities with regard to independence and the performance of our services. This letter also stipulates the responsibilities of the City with respect to independence as agreed to by the City. Please refer to that letter for further information. 10 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 160 Client Service Team As a matter of policy, we attempt to provide continuity of service to our clients to the greatest extent possible. Where engagement team rotation is necessary, we will discuss this matter with you and determine the appropriate individual to be assigned to the engagement based on particular experience, expertise, and engagement needs. We are pleased to be of service to the City and look forward to answering questions you may have regarding our audit plan as well as other matters that may be of interest to you. 11 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 161 12 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 162 13 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 163 New GASB Standards In light of the COVID-19 Pandemic , the GASB issued Statement No . 95, Postponement of the Effective Dates of Certain Authoritative Guidance , to provide relief to governments. This Statement, which was effective upon the issuance date of May 8, 2020 , postponed the effective dates of certain provisions in Statements that were first effective for reporting periods beginning after June 15, 2018 . The effective dates of certain provisions contained in the following pronouncements were postponed by one year : ~ Statement No . 83 , Certain Asset Retirement Obligations ~ Statement No . 84, Fiduciary Activities ~ Statement No . 88, Certain Disclosures Related to Debt, including Direct Borrowings and Direct Placements ~ Statement No . 89 , Accounting for Interest Cost Incurred before the End of a Construction Period ~ Statement No . 90 , Majority Equity Interests ~ Statement No . 91, Conduit Debt Obligations ~ Statement No . 92, Omnibus 2020 ~ Statement No . 93 , Replacement of Interbank Offered Rates The effective date of Statement No. 87 , Leases, has been postponed by 18 months. Earlier application of the standards is encouraged and is permitted to the extent specified in each pronouncement as originally issued . 14 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 164 GASB Statement No. 83, Certain Asset Retirement Obligations Reporting Periods Beginning After 6/ 1512018 Reporting Periods Beginning After 6/ 15/2019 ~ Establishes measurement criteria for recording a liability for the retirement or removal of certain assets such as nuclear power plants, sewage treatment facilities, coal- fired power plants, wind turbines, and x-ray machines. ~ Governments with legal obligations to perform future asset retirement activities related to its tangible capital assets would be required to recognize a liability. ~ Must be both an external obligating event, such as a court judgment or federal, state or local law; and an internal obligating event, such as contamination or retirement. ~ A liability and corresponding deferred outflow are recorded when the liability is both incurred and reasonably estimable. ~ The liability is based on the best estimate of the current value of outlays expected to be incurred. ~ Deferred outflows should be amortized over the estimated useful life of the tangible capital asset. ~ Annual remeasurement required, adjusting for effects of inflation or deflation. ~ Exception for minority owner (<50%). 15 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 165 GASB Statement No. 84, Fiduciary Activities Reporting Periods Beginning After 12/1512018 Reporting Periods Beginning After 12/1512019 ~ Establishes criteria for reporting fiduciary activities that focuses on whether the government controls the assets and the fiduciary relationship with the beneficiaries. ~ Four fiduciary funds will be used: Pension and OPEB trust funds; Investment trust funds ; Private -purpose trust funds; and Custodial funds. ~ Custodial funds replace agency funds for activities that are not held in trust. ~ For activities other than a Pension or OPEB plan for which a trust agreement exists , an investment trust fund or private purpose trust fund will be used. ~ For stand -alone business -type activities, fiduciary activities should be reported in separate fiduciary fund financial statements, unless resources are expected to be held three months or less. 16 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 166 GASB Statement No. 87, Leases Fiscal Years Beginning After 12/15/2019 Fiscal Years Beginning After 6/15/2021 ~ Requires recognition of certain lease assets and liabilities for leases that are currently classified as operating leases . ~ New definition of a lease -a contract that conveys the right to use another entity 's nonfinancial asset for a period in an exchange or exchange-like transaction. ~ Eliminates the distinction between operating and capital leases. ~ Excludes short-term leases, leases that transfer ownership and service concession arrangements that are covered by GASB Statement No. 60. ~ Lessees would recognize a lease liability and an intangible right-to-use lease asset which would be amortized in a systematic and reasonable manner over the shorter of the lease term or the useful life of the underlying asset. ~ Lessors would recognize a lease receivable and deferred inflow of resources which would be recognized as revenue in a systematic and rational manner over the term of the lease . 17 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 167 GASB Statement No. 88, Certain Disclosures Related to Debt, including Direct Borrowings and Direct Placements Reporting Periods Beginning After 6/1512018 Reporting Periods Beginning After 6/ 15/2019 ~ Defines debt for purposes of disclosure as a liability that arises from a contractual obligation to pay cash or other assets in one or more payments to settle an amount that is fixed as of the date the obligation is established. ~ Excludes pension and OPEB liabilities, leases (except for contracts reported as a financed purchase of the underlying assets) and accounts payable as those should be disclosed in separate notes. ~ Includes capital appreciation bonds and variable rate debt. ~ Additional note disclosures required for unused lines of credit, assets pledged as collateral, specific debt agreement terms. ~ Debt disclosures should separate information for direct borrowings and direct placements of debt from other debt. 18 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 168 GASB Statement No. 89, Accounting for Interest Cost Incurred Before the End of a Construction Period Reporting Periods Beginning After 12/ 1512019 Reporting Periods Beginning After 12/ 1512020 ~ Upon implementation, in financial statements using the economic resources measurement focus (business-type activities and enterprise funds) interest incurred during construction should be recognized as an expense of the period. ~ Interest costs on construction-in-progress will be capitalized only to the implementation date of this Statement. The provisions of this Statement are to be applied prospectively and will therefore not require a restatement of any balances. ~ In financial statements using the current financial resources measurement focus (governmental funds), interest incurred during construction should be recognized as an expenditure (no change). ~ If a government has regulated operations as defined by paragraph 476 of GASB Statement No. 62, this Statement does not eliminate or remove the requirement to capitalize qualifying interest costs as a regulatory asset. 19 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 169 GASB Statement No. 90, Majority Equity Interests, an Amendment of GASB Statements No. 14 and No. 61 Reporting Periods Beginning After 12/ 1512018 Reporting Periods Beginning After 1211512019 ~ A majority equity interest in a legally separate organization will be reported as an investment if it meets the definition of an investment. ~ Measured using the equity method, unless held by a special -purpose government engaged only in fiduciary activities, a fiduciary fund or an endowment/permanent fund. These funds would utilize fair value to measure the majority equity interest. ~ For all other majority equity interests in a legally separate organization , report the legally separate organization as component unit and the fund that holds the equity interest should report an asset using the equity method. ~ Acquisition of a component unit in which the government holds 100% interest would be measured using acquisition value. 20 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 170 GASB Statement No. 91, Conduit Debt Obligations Reporting Periods Beginning After 12/ 1512020 Reporting Periods Beginning After 12/1512021 ~ Clearly defines the characteristics of a conduit debt obligation and establishes that a conduit debt obligation is not a liability of the issuer. ~ An issuer should recognize a liability associated with an additional commitment or voluntary commitment to support debt service if certain recognition criteria are met. ~ As long as a conduit debt obligation is outstanding, an issuer that has made an additional commitment should evaluate at least annually whether the recognition criteria are met. An issuer that has only made a limited commitment should evaluate whether those recognition criteria are met when an event occurs that cause the issuer to evaluate its willingness or ability to support the obligor's debt service through a voluntary commitment. ~ Standard addresses accounting for arrangements where capital assets are constructed or acquired with the proceeds of a conduit debt obligation and used by third-party obligors in the course of their activities. ~ Standard enhances note disclosures related to conduit debt. 21 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 171 GASB Statement No. 92, Omnibus 2020 Key Provisions Effective as Noted Below Key Provisions of the Statement are as follows: ~ Effective Upon Statement Issuance-February 5, 2020: Except for Provisions Effective upon Statement Issuance, all other Provisions are Delayed One Year The effective date for interim financial reporting of Statement No. 87, Leases, and Implementation Guide No. 2019-3, Leases, is for fiscal years beginning after December 15, 2019. Clarifies that for public entity risk pools, amounts recoverable from reinsurers or excess insurers related to paid claims and claims adjustment expenses may be reported as a reduction of expenses. The terms derivative and derivatives should be replaced with derivative instrument and derivative instruments, respectively. ~ Effective for Fiscal Years Beginning After June 15, 2020: Clarification of the reporting of intra-entity transfers of assets between a government employer or noncontributing entity to a defined benefit pension or other postemployment (OPEB) plan that are within the same reporting entity. ~ Effective for Reporting Periods Beginning After June 15, 2020: Clarification that a government that reports a fiduciary activity for assets that are accumulated for purposes of providing pension or OPEB through certain defined benefit plans should recognize liabilities in accordance with Statement No. 84. ~ Effective for Government Acquisitions Occurring in Reporting Periods Beginning After June 15, 2020: In a government acquisition, liabilities and assets related to the acquired entity's asset retirement obligations (AROs) should be measured using the accounting and financial reporting requirements of Statement No. 83, when the AROs fall within the scope of that standard. 22 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 172 GASB Statement No. 93, Replacement of Interbank Offered Rates Effective as Noted Below ~ Effective for Reporting Periods Beginning After June 15, 2020: Paragraphs 13 and 14 are Effective for Fiscal Years Beginning After June 15, 2021 Provides exceptions for certain hedging derivative instruments to the hedge accounting termination provisions when an IBOR is replaced as the reference rate of the hedging derivative instrument's variable payment. • Clarifies the hedge accounting termination provisions when a hedged item is amended to replace the reference rate. • Clarifies that the uncertainty related to the continued availability of IBORs does not, by itself, affect the assessment of whether the occurrence of a hedged expected transaction is probable. • Identifies a Secured Overnight Financing Rate and the Effective Federal Funds Rate as appropriate benchmark interest rates for the qualitative evaluation of the effectiveness of an interest rate swap . • Clarifies the definition of reference rate, as it is used in Statement 53, as amended. • Provides an exception to the lease modifications guidance in Statement 87, as amended, for certain lease contracts that are amended solely to replace an IBOR as the rate upon which variable payments depend. (paragraphs 13 and 14) ~ Effective for Reporting Periods Ending After December 31, 2021: • Removes LIBOR as an appropriate benchmark interest rate for the qualitative evaluation of the effectiveness of an interest rate swap (paragraph 11 b). 23 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 173 GASB Statement No. 94, Public-Private and Public-Public Partnerships and Availability Payment Arrangements Fiscal Years Beginning After June 15, 2022 ~ For the Public-Private and Public -Public Partnerships (P3s) that meet the definition of a service concession arrangement (SCA), this Statement carries forward the financial reporting requirements for SCAs that were included in Statement 60, with modifications to apply the more extensive requirements related to recognition and measurement of leases to SCAs. ~ For P3s that meet the definition of a lease, the guidance in Statement No. 87 should be applied, if existing assets of the transferor that are not required to be improved by the operator as part of the P3 arrangement are the only underlying P3 assets and the P3s do not meet the definition of an SCA. ~ This Statement provides specific guidance for all other P3s from the perspective of both a government that transfers rights to another party and governmental operators that receive those rights. ~ The Statement requires governments to account for Availability Payment Arrangement (APAs) in which ownership of the asset transfers by the end of the contract as a financed purchase of the underlying infrastructure or other nonfinancial asset. It also requires a government to report an APA that is related to operating or maintaining a nonfinancial asset as an outflow of resources (for example, expense) in the period to which payments relate 24 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 174 GASB Statement No. 96, Subscription Based Information Technology Arrangements Fiscal Years Beginning After June 15, 2022 ~ Addresse s accounting and financial reporting for subscription-based information technology arrangements (SBITAs) for government end users . Standard is based on the standards established in Statement No . 87, Leases . ~ Defines a SBITA as a contract that conveys control of the right to use a SBITA vendor's IT software , alone or in combination with tangible capital assets (the underlying IT assets), as specified in the contract for a period of time in an exchange or exchange-like transaction . ~ Requires governments with SBITAs to recognize a right-to-use subscription asset -an intangible asset -and a corresponding subscription liability (with an exception for short- term SBITAs -those with a maximum possible term of 12 months). ~ Provides guidance related to outlays other than subscription payments, including implementation costs , and requirements for note disclosures related to a SBITA . 25 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 175 GASB Statement No. 97, Certain Component Unit Criteria, and Accounting and Financial Reporting for Internal Revenue Code Section 457 Plans Deferred Compensation Plans Effective as Noted Below ~ Effective Upon Statement Issuance -June 23, 2020 : Requires that for purposes of determining whether a primary government is financially accountable for a potential component unit, except for a potential component unit that is a defined contribution pension plan, a defined contribution OPEB plan, or an other employee benefit plan (for example, certain Section 457 plans), the absence of a governing board should be treated the same as the appointment of a voting majority of a governing board if the primary government performs the duties that a governing board typically performs. Requires that the financial benefit burden criteria in Statement No. 84, Fiduciary Activities, be applicable to only defined benefit pension and OPEB plans administered through a trust. ~ Effective for Fiscal Years Beginning After June 15, 2021 Requires that a Section 457 plan be classified as either a pension plan or an other employee benefit plan depending on whether the plan meets the definition of a pension plan. Requires that a Section 457 plan that meets the definition of a pension apply all accounting and financial reporting requirements relevant to pensions. Clarifies that Statement 84, as amended, should be applied to all Section 457 plans to determine whether those arrangements should be reported as fiduciary activities. 26 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 176 27 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 177 Industry Risk and Resources .,.. BDO's industry focus is part of who we are and how we serve our clients and has been for over a century. We demonstrate our experience through knowledgeable professionals, relevant client work and participation in the industries we serve . .,.. Our industry practices bring perspective on trends, opportunities, issues and regulations that frame our services and approach to address your needs and your industry. [j x ~ C 1 ~ https:://www.bdo.com/indus.tries/public-sector/overv iew lfil!Q Public Sector Cons.ulting~ • a c S<mh.. p • G w @l I ~~~~~~~~~~~~~~~~~~~~~~ Locations Our People Events News Careers Biogs ContBct Logrn I BDO UNITE O STATES SERVICES INDUSTRIES ISSUES & RESOURCES Home > lndusmes > Publlc Seccor > DveMew OVERVlfW Challenging times call for a new perspective. INSIGl-ITS The public sector IS laclng many challenges. In addlUon to polltlca l grkllo ck, the federal defk:lt has caused ma ny agenctes' budgets toshnnl< over the last several years. meanin g th atgovernmem leaders are under pressure to accomplish more with reduced fun d ing BDO's PublJc Sector Practk:e serves a wide variety of c lients across many levels of government. In addl!Jon to our Federal Government clients. we also serve Reglonal. State. and Local Governments. drawing on deep experience to provide strateg 1c.1nnova11Ve solunons. Offenng a unique depth o r capabllltles a nd resources.. BO O helps governmerit leaders develop tailored strategies and Implement practical solutlons that ma ke the most of their limned resources. 28 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP ABOUT Search FEDERAL GOVERNMENT KEY CONTACTS MARK ELLENBOGEN • Presldent'CEO of BO O Pub!IC Sector Page 178 Accounting, Audit and Other Compliance Considerations for Public Sector Entities Related to COVI D-19 The global pandemic is having unprecedented impacts on federal, state, local, tribal and territory governments. Our COVI D-19 resource center helps organizations stay abreast of the latest developments and mitigate risk during this time of uncertainty. For government organizations, the stakes are high as agencies and elected officials work overtime to flatten the curve, save lives and ensure the safety of the American people. While circumstances are changing daily, our FAQs for the Public Sector answer the most frequently asked questions by government organizations, along with resources to help them respond and plan around each on. 29 CITY OF KENAI AUDIT PLANNING REPORT JUNE 30, 2021 I BOO USA, LLP Page 179 Page 180 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Vice Mayor Molloy and City Clerk CITY OF KENAI ORDINANCE NO. 3224-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND REENACTING KENAI MUNICIPAL CODE TITLE 6 - ELECTIONS, TO PROVIDE CLARITY, HOUSEKEEPING, AND PROCESS IMPROVEMENTS. WHEREAS, Alaska Statute 29.26.010 provides that local governing bodies may establish their own procedures governing local elections; and, WHEREAS, the City has traditionally collaborated with the Kenai Peninsula Borough (KPB) on the administration of the annual regular municipal elections resulting in efficiencies to the local election process; and, WHEREAS, at their April 20, 2021 meeting the KPB Assembly authorized the Borough Clerk to purchase new election equipment to be used for local elections removing the need for the use of state equipment in local elections; and, WHEREAS, at the July 7, 2021 meeting the City Council the City Manager to enter into a Memorandum of Agreement for intergovernmental administration of KPB and City Municipal Elections; and, WHEREAS, Kenai Municipal Code (KMC) currently references state election statutes in Title 15 for many of its election procedures which is no longer a best practice as state election equipment will no longer be used; and, WHEREAS, it is in the best interest of the City to provide for procedures in its elections that are established locally, with local public process, and align with those of KPB; and, WHEREAS, additionally, much of the election process is located in one chapter of Kenai Municipal Code (KMC) and this ordinance seeks to subdivide the chapter into several chapters of like topics. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Repealing and Re-enacting Title 6 of the Kenai Municipal Code: That Kenai Municipal Code, Title 6 - Elections is hereby repealed and re-enacted as follows: Page 181 Ordinance No. 3224-2021 Page 2 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] [CHAPTER 6.05 VOTING QUALIFICATIONS AND PROCEDURES SECTIONS: 6.05.010 QUALIFICATIONS FOR VOTERS. 6.05.020 REGISTRATION. 6.05.030 PRECINCT AND POLLING PLACE. 6.05.040 PRECINCT BOARD. 6.05.050 COMPENSATION OF ELECTION PERSONNEL. 6.05.060 WATCHERS. 6.05.070 CITY CLERK TO SUPERVISE CITY ELECTIONS. 6.05.080 CITY CLERK TO PREPARE AND FURNISH BALLOTS. 6.05.090 BALLOT BOXES, VOTING BOOTHS. 6.05.100 NOTICE OF ELECTIONS—REGULAR AND SPECIAL. 6.05.110 CONDUCTING AN ELECTION—CANVASSING RETURNS. 6.05.120 ESTABLISHMENT OF CANVASSING BOARD AND PROCEDURES. 6.05.130 TIE VOTES. 6.05.140 ABSENTEE VOTING. 6.05.145 ABSENTEE VOTING IN PERSON. 6.05.150 ABSENTEE VOTING—APPLICATION. 6.05.160 ABSENTEE VOTING—BALLOTS. 6.05.170 ABSENTEE VOTING—BY MAIL. 6.05.180 VOTING—AUTHORIZED. 6.05.190 VOTING—BOARDS. 6.05.200 VOTING DEVICES AND MACHINES. 6.05.210 VOTING—TESTS AND SECURITY. 6.05.220 RECOUNT OF VOTES—APPLICATION. 6.05.230 APPEAL TO THE COURTS AFTER RECOUNT. 6.05.240 ELECTION CONTESTS. 6.05.250 RULES AND REGULATIONS. 6.05.260 CITY ELECTION TIME. 6.05.270 OFFENSES AND PENALTIES. 6.05.280 RECORD RETENTION. 6.05.300 VOTING BY MAIL, BALLOTS, BALLOT REVIEW, BALLOT ENVELOPES. 6.05.310 CASTING BALLOTS. 6.05.320 NOTICE OF ELECTION, ELECTION DATE, PUBLIC NOTICE. 6.05.330 ABSENTEE VOTING OFFICIAL AND DUTIES. 6.05.335 ABSENTEE VOTING—BY ELECTRONIC TRANSMISSION. 6.05.340 STORING BALLOTS. 6.05.010 QUALIFICATIONS FOR VOTERS. PERSONS WHO HAVE THE QUALIFICATIONS FOR VOTERS PRESCRIBED BY THE CITY CHARTER, SECTION 10-6, THE STATE CONSTITUTION, ARTICLE V, SECTIONS 1 AND 2, AND STATE LAW, SHALL BE QUALIFIED TO VOTE IN CITY ELECTIONS IF THEY ARE REGISTERED AS PROVIDED IN THIS TITLE. (KC 6-1) Page 182 Ordinance No. 3224-2021 Page 3 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 6.05.020 REGISTRATION. (A) THE ELECTION JUDGES SHALL KEEP AN ORIGINAL REGISTER ON WHICH EACH VOTER SHALL, BEFORE RECEIVING A BALLOT, SIGN THE VOTER’S NAME AND EITHER COMPLETE OR CORRECT BOTH THE VOTER’S RESIDENCE AND MAILING ADDRESSES. A RECORD SHALL BE KEPT ON THE REGISTER OF THE NAME OF EACH PERSON WHO OFFERED TO VOTE, BUT WAS REFUSED, AND A BRIEF STATEMENT OF THE BASIS OF THE REFUSAL. THE SIGNING OF THE REGISTER CONSTITUTES A DECLARATION BY THE VOTER THAT THE VOTER IS QUALIFIED TO VOTE. (B) VOTERS MAY BE IDENTIFIED FROM SUCH REASONABLE SOURCES AS STATE VOTER REGISTRATION LISTS, BEING KNOWN TO THE ELECTION JUDGES AS RESIDENTS OF THE CITY OF KENAI, OR BY SUCH OTHER IDENTIFICATION AS IS ACCEPTED CUSTOMARILY FOR SCHEMES OF “PRE-REGISTRATION” QUALIFICATIONS. (C) REGISTERS SIGNED BY VOTERS ON ELECTION DAY SHALL BE KEPT WITH THE RECORDS OF THAT ELECTION. (D) AS USED IN THIS TITLE, “REGISTER” SHALL MEAN THE COMPUTER PRINTOUT ENTITLED “STATE OF ALASKA PRECINCT REGISTER” (OR ANY FORM SUBSEQUENTLY SUBSTITUTED THEREFOR) SUPPLIED BY THE DIVISION OF ELECTIONS OF THE STATE OF ALASKA FOR USE IN EACH PRECINCT. (KC 6-9; ORDS. 193, 803) 6.05.030 PRECINCT AND POLLING PLACE. (A) THE CITY OF KENAI SHALL BE COMPOSED OF SUCH ELECTION PRECINCTS AS MAY BE SET UP OR MODIFIED BY THE DIRECTOR OF ELECTIONS OF THE STATE OF ALASKA FOR ALL CITY ELECTIONS, BOTH REGULAR AND SPECIAL. THE POLLING PLACES WILL BE AS DESIGNATED BY THE STATE OF ALASKA, DIVISION OF ELECTIONS. (B) CHANGES OF THE POLLING PLACES MAY BE ACCOMPLISHED BY THE COUNCIL BY MOTION, RESOLUTION, OR ORDINANCE. (KC 6-12,13; ORDS. 159, 803, 1182) 6.05.040 PRECINCT BOARD. (A) THERE SHALL BE ELECTION BOARDS FOR THE PRECINCTS IN THE CITY COMPOSED OF THREE (3) OR MORE JUDGES APPOINTED BY THE CITY COUNCIL. THE JUDGES SHALL BE QUALIFIED VOTERS OF THE CITY. THE CITY COUNCIL MAY DESIGNATE ONE OF THE JUDGES CHAIR OF THE BOARD, AND THE CHAIR SHALL BE PRIMARILY RESPONSIBLE FOR THE ADMINISTRATION OF THE ELECTION IN THE PRECINCT. THE CITY COUNCIL MAY ALSO APPOINT FROM AMONG THE QUALIFIED VOTERS OF THE CITY ONE (1) OR TWO (2) CLERKS WHERE IT DEEMS THEIR SERVICES ARE NECESSARY. THE CITY CLERK, AS THE ELECTION SUPERVISOR, MAY APPOINT NOT MORE THAN FOUR (4) ELECTION CLERKS FROM AMONG THE QUALIFIED VOTERS OF THE CITY AT ANY POLLING PLACE WHERE THEY ARE NEEDED TO CONDUCT AN ORDERLY ELECTION AND TO RELIEVE THE ELECTION JUDGES OF UNDUE HARDSHIP IF HE OR SHE THINKS THEY ARE NEEDED AND IF THE CITY COUNCIL AUTHORIZES IT. (B) ALL CITY ELECTION PERSONNEL SHALL BE APPOINTED WITHOUT REGARD TO THEIR MEMBERSHIP IN ANY POLITICAL PARTY. Page 183 Ordinance No. 3224-2021 Page 4 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (C) ALL ELECTION JUDGES AND CLERKS, BEFORE ENTERING UPON THEIR DUTIES, MUST SUBSCRIBE TO THE OATH REQUIRED OF ALL PUBLIC OFFICERS BY THE CONSTITUTION OF THE STATE OF ALASKA IN THE MANNER PRESCRIBED BY THE CLERK. IF ANY APPOINTED ELECTION OFFICIAL IS NOT ABLE OR REFUSES TO SERVE ON ELECTION DAY, THE CLERK MAY APPOINT A REPLACEMENT FOR THAT OFFICIAL. (D) CANDIDATES SHALL NOT SERVE AS ELECTION OFFICIALS. CERTAIN FAMILIAL RELATIONSHIPS MAY NOT EXIST BETWEEN A CANDIDATE AND A PRECINCT ELECTION JUDGE, ELECTION CLERK, OR MEMBER OF A BALLOT COUNTING TEAM IN REGULAR OR SPECIAL ELECTIONS. THOSE FAMILIAL RELATIONSHIPS ARE: (1) MOTHER, MOTHER-IN-LAW, STEPMOTHER; (2) FATHER, FATHER-IN-LAW, STEPFATHER; (3) SISTER, SISTER-IN-LAW, STEPSISTER; (4) BROTHER, BROTHER-IN-LAW, STEPBROTHER; (5) SPOUSE; OR (6) PERSON SHARING THE SAME LIVING QUARTERS. (E) IF THE ELECTION SUPERVISOR KNOWS OR LEARNS ANY OF THESE RELATIONSHIPS EXIST, THE PRECINCT ELECTION JUDGE, ELECTION CLERK, OR MEMBER OF THE BALLOT COUNTING TEAM SHALL BE NOTIFIED AND THE PERSON REPLACED. (KC 6-12,13; ORDS. 159, 2108-2005) 6.05.050 COMPENSATION OF ELECTION PERSONNEL. (A) THE CITY SHALL PAY ALL NECESSARY EXPENSES RELATING TO THE CONDUCT OF EACH CITY ELECTION, INCLUDING THOSE OF SECURITY POLLING PLACES, AND SHALL PROVIDE BALLOT BOXES, BALLOTS, VOTING BOOTHS OR SCREENS, NATIONAL FLAGS, AND OTHER SUPPLIES AND ANY WAGES TO ELECTION OFFICIALS UNLESS OTHERWISE PROVIDED BY THIS CODE. (B) THE CITY SHALL PAY EACH ELECTION BOARD MEMBER AND CANVASS BOARD MEMBER AN HOURLY RATE FOR TIME SPENT AT HIS OR HER ELECTION DUTIES, INCLUDING THE RECEIVING OF INSTRUCTIONS AND POSTING OF NOTICES. THE ELECTION SUPERVISOR SHALL SET THE HOURLY COMPENSATION TO BE PAID FOR TIME SPENT BY ELECTION OFFICIALS AT A RATE COMPARABLE TO THAT PAID BY THE STATE FOR STATE ELECTIONS. THE CLERK SHALL RETAIN A RECORD FOR AUDITING AND PAYMENT OF ELECTION EXPENSES, INCLUDING THE COST OF GIVING NOTICE, RENTING POLLING PLACES, PAYING ELECTION OFFICIALS, SECURITY BALLOT BOXES, BOOTHS AND OTHER ELECTION NECESSITIES. (KC 6-14; ORD. 2108-2005) 6.05.060 WATCHERS. ANY CANDIDATE FOR ELECTIVE CITY OFFICE MAY APPOINT A WATCHER FOR THE PRECINCT. STATE LAW RELATING TO WATCHERS IN STATE ELECTIONS SHALL GOVERN WATCHERS IN CITY ELECTIONS INSOFAR AS IT IS APPLICABLE. (KC 6-15) 6.05.070 CITY CLERK TO SUPERVISE CITY ELECTIONS. THE CITY CLERK, UNDER DIRECTION OF THE CITY COUNCIL AND IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, IS THE ELECTION SUPERVISOR FOR AND SHALL ADMINISTER ALL CITY ELECTIONS. (KC 6-16; ORD. 2108-2005) Page 184 Ordinance No. 3224-2021 Page 5 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 6.05.080 CITY CLERK TO PREPARE AND FURNISH BALLOTS. (A) THE CITY CLERK SHALL PREPARE AND FURNISH ALL OFFICIAL BALLOTS IN CITY ELECTIONS. THE PROVISIONS OF STATE LAW RELATING TO THE PREPARATION AND FURNISHING OF BALLOTS IN STATE ELECTIONS SHALL GOVERN THE PREPARATION AND FURNISHING OF BALLOTS IN CITY ELECTIONS INSOFAR AS THEY ARE APPLICABLE AND ARE NOT IN CONFLICT WITH THE CITY CHARTER OR ORDINANCE; AND THE CITY CLERK SHALL PERFORM THE FUNCTIONS IN REGARD THERETO PRESCRIBED BY LAW FOR THE DIRECTOR OF ELECTIONS IN REGARD THERETO IN STATE ELECTIONS INSOFAR AS IT IS APPROPRIATE. (B) AT THE TIME OF PREPARING, THE BALLOTS MAY BE INSPECTED BY ANY CANDIDATE WHOSE NAME IS ON THE BALLOT, OR BY HIS OR HER AUTHORIZED AGENT, AND ANY DISCOVERED MISTAKE SHALL BE CORRECTED IMMEDIATELY. (C) THE CITY CLERK SHALL PROVIDE TINTED SAMPLE BALLOTS, OATHS OF OFFICE OF JUDGES, QUESTIONED OATHS, TALLY SHEETS WHEN REQUIRED, INSTRUCTIONS TO VOTERS, WARNING NOTICES, AND OTHER FORMS AND SUPPLIES REQUIRED FOR CITY ELECTIONS; AND HE OR SHE SHALL GIVE THE DUPLICATE REGISTRATION INDEX AND AN ADEQUATE SUPPLY OF OFFICIAL BALLOTS, SAMPLE BALLOTS, AND ALL OTHER NECESSARY SUPPLIES AND MATERIALS TO THE CHAIRS OF THE PRECINCT ELECTION BOARDS IN ADEQUATE TIME BEFORE A CITY ELECTION. (KC 6-17; ORDS. 803, 941, 1652-95, 2108-2005) 6.05.090 BALLOT BOXES, VOTING BOOTHS. THE CITY CLERK SHALL PROVIDE SUITABLE BALLOT BOXES AND AN ADEQUATE NUMBER OF VOTING BOOTHS OR SCREENS. REGULATIONS MADE BY THE DIRECTOR OF ELECTIONS, RELATING TO POLLING PLACES, BALLOT BOXES, VOTING BOOTHS, SCREENS, FLAGS, AND SUPPLIES FOR STATE ELECTIONS, SHALL GOVERN THESE MATTERS IN RELATION TO CITY ELECTIONS INSOFAR AS THEY ARE APPLICABLE AND ARE NOT SUPERSEDED BY ORDINANCE. (KC 6-18; ORD. 803) 6.05.100 NOTICE OF ELECTIONS—REGULAR AND SPECIAL. (A) AT LEAST TEN (10) DAYS BEFORE EVERY CITY ELECTION, REGULAR OR SPECIAL, THE CITY CLERK SHALL CAUSE TO BE PUBLISHED BY POSTING ON THE OFFICIAL CITY BULLETIN BOARD IN OR ON THE CITY ADMINISTRATION BUILDING AND IN TWO (2) OTHER PLACES IN THE CITY, OR IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE CITY, A NOTICE OF SUCH ELECTION. THE NOTICE SHALL INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING: (1) THE DATE OF THE ELECTION; (2) TIME DURING WHICH THE POLLING PLACE WILL BE OPEN; (3) THE LOCATION OF THE POLLING PLACE; (4) OFFICES TO WHICH CANDIDATES ARE TO BE ELECTED (IF ANY); (5) AND THE SUBJECTS OF THE PROPOSITIONS AND QUESTIONS WHICH ARE TO BE SUBMITTED TO THE VOTERS AT THE ELECTION (IF ANY). (B) FAILURE TO PUBLISH SUCH A NOTICE OF AN ELECTION SHALL NOT AFFECT THE VALIDITY OF THE ELECTION OR OF THE VOTE FOR ANY CANDIDATE OR ON ANY PROPOSAL; BUT, IF CAUSED BY THE CITY CLERK, SHALL CONSTITUTE FAILURE TO PERFORM HIS OR HER OFFICIAL DUTIES. Page 185 Ordinance No. 3224-2021 Page 6 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (C) IN ADDITION TO THE ABOVE NOTICE, THE CITY CLERK SHALL PUBLISH IN FULL EVERY CHARTER AMENDMENT, EVERY ORDINANCE, AND EVERY OTHER QUESTION WHICH IS TO BE SUBMITTED AT AN ELECTION, EXCEPT A REFERRED ORDINANCE WHICH WAS PUBLISHED IN FULL AFTER PASSAGE, NOT MORE THAN FOUR (4) WEEKS AND AT LEAST TWO (2) WEEKS BEFORE THE ELECTION IN ACCORDANCE WITH THE CITY CHARTER, SECTIONS 1-7(4) AND 10-8. (KC 6-19) 6.05.110 CONDUCTING AN ELECTION—CANVASSING RETURNS. ALASKA STATUTES, CHAPTERS 15.15 THROUGH 15.20 AND ANY AMENDMENTS THERETO, SHALL APPLY TO THE CITY ELECTIONS INSOFAR AS THEY DO NOT CONFLICT WITH SPECIFIC CITY ORDINANCES. THE PRECINCT ELECTION BOARDS SHALL DELIVER TO THE CITY CLERK ONE (1) COPY OF THE CERTIFICATE WITH THE RESULTS OF THE VOTE IN THE PRECINCT, THE REGISTERS SIGNED BY PERSONS VOTING, ALL BALLOTS CAST, ALL BALLOTS IMPROPERLY MARKED, DAMAGED OR UNLAWFULLY EXHIBITED, AND ALL OATHS, AFFIRMATIONS AND AFFIDAVITS TO THE COUNCIL AS PROVIDED BY KMC 6.05.130. THE CHAIR OF EACH PRECINCT ELECTION BOARD SHALL RETAIN POSSESSION OF A DUPLICATE COPY OF THE RESULTS, WHICH COPY MAY BE DESTROYED BY EACH CHAIR TWENTY (20) DAYS AFTER THE ELECTION UNLESS THE CITY CLERK OR THE CITY COUNCIL REQUESTS ITS DELIVERY. (ORDS. 193, 803, 881, 1788-98, 2556-2011) 6.05.120 ESTABLISHMENT OF CANVASSING BOARD AND PROCEDURES. (A) PURSUANT TO THE PROVISIONS OF SECTION 10-9 OF THE CHARTER OF THE CITY OF KENAI, THERE IS HEREBY ESTABLISHED A CANVASSING BOARD FOR THE CANVASSING OF ALL CITY ELECTIONS; REGULAR AND SPECIAL, AND TO ASCERTAIN AND DECLARE THE RESULTS THEREOF, AS FOLLOWS: (1) THE CITY CLERK IS HEREBY DESIGNATED AS THE CHAIR OF THE CANVASSING BOARD. (2) THE CANVASSING BOARD SHALL CONSIST OF THE CITY CLERK, CHAIR OF EACH PRECINCT ELECTION BOARD WITHIN THE CITY, AND UP TO FIVE (5) ADDITIONAL JUDGES SELECTED FROM AMONG THE QUALIFIED VOTERS OF THE CITY. IN THE EVENT ANY SUCH APPOINTED MEMBER OF THE BOARD IS ABSENT FROM THE CITY, ILL, OR OTHERWISE UNABLE TO ATTEND AT THE TIME SET FOR CANVASSING THE BALLOT, THE CITY CLERK IS HEREBY AUTHORIZED TO APPOINT ANOTHER ELECTION JUDGE FROM THE SAME PRECINCT TO SUBSTITUTE FOR THE APPOINTED MEMBER. (B) THE CANVASSING BOARD SHALL MEET IN PUBLIC SESSION ON THE TUESDAY FOLLOWING EVERY CITY ELECTION, REGULAR OR SPECIAL, AT 8:30 A.M. AND, IF NECESSARY, CONTINUE THROUGH THE FOLLOWING DAY AND SHALL PROMPTLY PROCEED TO CANVASS THE RETURNS OF SAID ELECTION, MAKING DECISIONS AS TO VALIDITY OF QUESTIONED BALLOTS, COUNTING ABSENTEE BALLOTS, AND ASCERTAINING AND DECLARING THE RESULTS OF SAID ELECTION. THE CANVASS OF THE BALLOT VOTE COUNTED BY THE PRECINCT ELECTION BOARDS SHALL BE ACCOMPLISHED BY REVIEWING THE TALLIES OF THE RECORDED VOTE TO CHECK FOR MATHEMATICAL ERROR BY COMPARING TOTALS WITH THE PRECINCT’S CERTIFICATE OF RESULTS. ALL OBVIOUS ERRORS FOUND BY THE ELECTION CANVASS IN THE TRANSFER OF TOTALS FROM THE PRECINCT TALLY SHEETS TO THE Page 186 Ordinance No. 3224-2021 Page 7 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] PRECINCT CERTIFICATE OF RESULTS SHALL BE CORRECTED BY THE CANVASSING BOARD. A MISTAKE THAT HAS BEEN MADE IN PRECINCT RETURNS, AND THAT IS NOT CLEARLY AN ERROR IN THE TRANSFER OF THE RESULTS FROM THE TALLIES TO THE CERTIFICATE OF RESULTS, EMPOWERS THE CANVASSING BOARD TO RECOMMEND A RECOUNT OF THE RESULTS OF THE PRECINCT OR PRECINCTS FOR THAT PORTION OF THE RETURNS IN QUESTION. (C) IN ORDER TO BE COUNTED, ABSENTEE BALLOTS THAT ARE MAILED MUST BE MAILED ON OR BEFORE THE DATE OF THE ELECTION, AND IF THE ENVELOPE CONTAINING THE BALLOT IS POSTMARKED, THE POST MARK DATE MUST BE ON OR BEFORE THE DATE OF ELECTION, AND SAID BALLOT MUST BE RECEIVED IN THE CITY OF KENAI’S MAIL BY NOON ON THE SEVENTH (7TH) DAY AFTER THE ELECTION. BALLOT ENVELOPES RECEIVED BY UNITED STATES POSTAL SERVICE WITHOUT A POSTMARK SHALL BE COUNTED, PROVIDED THE BALLOT ENVELOPE MEETS ALL OTHER REQUIREMENTS (SIGNATURES, REGISTRATION, ETC.) AND THE RECEIPT BY THE CITY INDICATES THE BALLOT WAS MAILED ON OR BEFORE THE DATE OF THE ELECTION AND THE BALLOT WAS RECEIVED IN THE CITY OF KENAI’S MAIL BY NOON ON THE SEVENTH (7TH) DAY AFTER THE ELECTION. (D) THE CITY CLERK, AS CHAIR OF THE CANVASSING BOARD, SHALL REPORT THE RESULTS OF THE ELECTION TO THE CITY COUNCIL AS THE FIRST ORDER OF BUSINESS FOLLOWING THE ROLL CALL AT THE NEXT REGULAR COUNCIL MEETING FOLLOWING THE MEETING OF THE CANVASSING BOARD. (KC 6-12; ORDS. 707, 1652-95, 2108-2005, 2488-2010, 2556-2011) 6.05.130 TIE VOTES. IN CASE OF FAILURE TO ELECT BECAUSE OF A TIE VOTE, THE COUNCIL SHALL IMMEDIATELY PROCEED TO RECOUNT THE VOTES. IF THERE IS STILL A FAILURE TO ELECT BECAUSE OF A TIE AFTER COMPLETION OF THE RECOUNT, THE ELECTION SHALL BE DETERMINED FAIRLY BY LOT FROM AMONG THE CANDIDATES TYING, IN A MEETING OF THE COUNCIL AND UNDER ITS DIRECTION, IN ACCORDANCE WITH THE CITY CHARTER, SECTION 10-4. (KC 6-22) 6.05.140 ABSENTEE VOTING. ANY QUALIFIED VOTER WHO MAY SECURE AND CAST AN ABSENTEE BALLOT IN A STATE ELECTION MAY SECURE AND CAST AN ABSENTEE BALLOT IN A CITY ELECTION. THE CITY CLERK SHALL SUPERVISE ABSENTEE VOTING, AND SHALL ISSUE NECESSARY INSTRUCTIONS REGARDING THE PROCEDURE FOR ABSENTEE VOTING TO QUALIFIED APPLICANTS FOR ABSENTEE BALLOTS. THE CITY CLERK SHALL PROVIDE THE ABSENTEE BALLOTS, THE SECRECY ENVELOPES FOR THE BALLOTS, AND THE POSTAGE-PAID RETURN ENVELOPES THEREFOR, AND ANY OTHER FORMS AND SUPPLIES REQUIRED FOR THE USE OF ABSENTEE VOTERS. (KC 6-23; ORD. 2488- 2010) 6.05.145 ABSENTEE VOTING IN PERSON. (A) A QUALIFIED VOTER MAY APPLY IN PERSON FOR AN ABSENTEE BALLOT AT THE OFFICE OF THE CITY CLERK DURING REGULAR OFFICE HOURS, OR THE VOTER MAY APPLY TO THE BOROUGH CLERK’S OFFICE OR ABSENTEE VOTING OFFICIAL IN HIS OR HER AREA DURING REGULAR OFFICE HOURS. Page 187 Ordinance No. 3224-2021 Page 8 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (B) ON RECEIPT OF AN APPLICATION IN PERSON FOR AN ABSENTEE BALLOT AND EXHIBITION OF PROOF OF IDENTIFICATION AS REQUIRED IN THIS TITLE, THE CLERK SHALL ISSUE THE BALLOT TO THE APPLICANT. (C) THE VOTER SHALL PROCEED TO MARK THE BALLOT IN SECRET, TO PLACE THE BALLOT IN THE SMALL ENVELOPE, TO PLACE THE SMALL ENVELOPE IN THE LARGER ENVELOPE IN THE PRESENCE OF THE ELECTION OFFICIAL WHO SHALL SIGN AS ATTESTING OFFICIAL AND DATE OF HIS OR HER SIGNATURE. THE ELECTION OFFICIAL SHALL THEN ACCEPT THE BALLOT. (D) THE ELECTION OFFICIAL MAY NOT ACCEPT A MARKED BALLOT THAT HAS BEEN EXHIBITED BY AN ABSENTEE VOTER WITH INTENT TO INFLUENCE OTHER VOTERS. IF THE ABSENTEE VOTER IMPROPERLY MARKS OR OTHERWISE DAMAGES A BALLOT, THE VOTER MAY REQUEST, AND THE ELECTION OFFICIAL SHALL PROVIDE HIM OR HER WITH ANOTHER BALLOT UP TO A MAXIMUM OF THREE (3). EXHIBITED, IMPROPERLY MARKED, OR DAMAGED BALLOTS SHALL BE DESTROYED. THE NUMBERS OF ALL BALLOTS DESTROYED SHALL BE NOTED ON THE BALLOT STATEMENT. (E) EACH ABSENTEE VOTING OFFICIAL SHALL KEEP A RECORD OF THE NAMES AND THE SIGNATURES OF VOTERS WHO CAST ABSENTEE BALLOTS BEFORE HIM OR HER AND THE DATES ON WHICH THE BALLOTS WERE CAST. (ORD. 1799-98) 6.05.150 ABSENTEE VOTING—APPLICATION. ANY QUALIFIED VOTER WHO IS ENTITLED TO SECURE AND CAST AN ABSENTEE BALLOT MAY APPLY TO THE CITY CLERK IN PERSON, BY A PERSONAL REPRESENTATIVE, BY MAIL, OR BY ELECTRONIC TRANSMISSION, FOR AN ABSENTEE BALLOT. AN APPLICATION FOR AN ABSENTEE BALLOT RECEIVED BY THE CITY BY MAIL OR ELECTRONIC TRANSMISSION SHALL INCLUDE THE NAME OF THE APPLICANT AND BOTH THE LOCATION, I.E., ELECTRONIC, FACSIMILE, OR MAILING ADDRESS TO WHICH THE ABSENTEE BALLOT IS TO BE RETURNED AND HIS OR HER FULL RESIDENTIAL ADDRESS IN THE CITY. THE DATES FOR MAKING SUCH APPLICATIONS FOR ABSENTEE BALLOTS IN CITY ELECTIONS SHALL BE NOT LESS THAN SEVEN (7) DAYS PRIOR TO THE ELECTION. THE CITY CLERK SHALL FOLLOW THE PROCEDURE PRESCRIBED BY STATE LAW FOR ELECTION OFFICIALS IN DETERMINING WHETHER AN APPLICANT IS ENTITLED TO SECURE AND CAST AN ABSENTEE BALLOT. (KC 6-24; ORDS. 1652-95, 2556-2011) 6.05.160 ABSENTEE VOTING—BALLOTS. VOTERS CASTING ABSENTEE BALLOTS SHALL MARK THE BALLOT, PLACE THE BALLOT IN THE SECRECY ENVELOPE AND THEN PLACE THE SECRECY ENVELOPE WITH THE MARKED BALLOT INSIDE THE POSTAGE-PAID RETURN ENVELOPE, AND RETURN THE DOCUMENTS TO THE CITY CLERK IN THE SAME MANNER AND UNDER THE SAME REGULATIONS, AS NEARLY AS MAY BE, AS REQUIRED BY LAW IN STATE ELECTIONS. (KC 6-25; ORD. 2488-2010) 6.05.170 ABSENTEE VOTING—BY MAIL. (A) A QUALIFIED VOTER MAY APPLY FOR AN ABSENTEE BALLOT BY MAIL IF THE APPLICATION IS POSTMARKED NOT EARLIER THAN THE FIRST OF THE YEAR IN WHICH THE ELECTION IS TO BE HELD NOR LESS THAN SEVEN (7) DAYS BEFORE AN Page 188 Ordinance No. 3224-2021 Page 9 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ELECTION. A VOTER MAY REQUEST HIS OR HER NAME BE PLACED ON PERMANENT ABSENTEE BY MAIL STATUS. THE APPLICATION SHALL INCLUDE THE ADDRESS TO WHICH THE ABSENTEE BALLOT IS TO BE RETURNED, THE APPLICANT’S FULL ALASKA RESIDENCE ADDRESS, AND THE APPLICANT’S SIGNATURE. (B) AFTER RECEIPT OF AN APPLICATION BY MAIL, THE CITY CLERK SHALL SEND THE ABSENTEE BALLOT AND OTHER ABSENTEE VOTING MATERIAL TO THE APPLICANT BY FIRST CLASS MAIL. THE MATERIALS SHALL BE SENT AS SOON AS THEY ARE READY FOR DISTRIBUTION. THE POSTAGE PAID RETURN ENVELOPE SENT WITH THE MATERIALS SHALL BE ADDRESSED TO THE CITY CLERK. (C) UPON RECEIPT OF AN ABSENTEE BALLOT BY MAIL, THE VOTER, IN THE PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS, MAY PROCEED TO MARK THE BALLOT IN SECRET, TO PLACE THE BALLOT IN THE SECRECY ENVELOPE, TO PLACE THE SECRECY ENVELOPE IN THE POSTAGE PAID ENVELOPE, AND TO SIGN THE VOTER’S CERTIFICATE ON THE BACK OF THE POSTAGE-PAID RETURN ENVELOPE IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL DATE HIS OR HER SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS SUBSECTION ARE REASONABLY ACCESSIBLE, AN ABSENTEE VOTER SHALL HAVE THE BALLOT WITNESSED BY A PERSON OVER THE AGE OF EIGHTEEN (18) YEARS. (D) AN ABSENTEE BALLOT MUST BE MARKED AND ATTESTED ON OR BEFORE THE DATE OF THE ELECTION. IF THE VOTER RETURNS THE BALLOT BY MAIL, HE OR SHE SHALL USE A MAIL SERVICE AT LEAST EQUAL TO FIRST CLASS AND MAIL THE BALLOT NOT LATER THAN THE DAY OF THE ELECTION TO THE CITY CLERK. THE BALLOT ENVELOPE MUST BE POSTMARKED ON OR BEFORE MIDNIGHT OF ELECTION DAY AND RECEIVED BY THE CITY CLERK NO LATER THAN NOON ON THE SEVENTH DAY AFTER THE ELECTION. BALLOT ENVELOPES RECEIVED AFTER THAT TIME SHALL NOT BE OPENED BUT SHALL BE MARKED “INVALID,” WITH THE DATE OF RECEIPT NOTED THEREON, AND SHALL BE PRESERVED WITH OTHER BALLOTS OF THE ELECTION. (E) THE CITY CLERK MAY REQUIRE A VOTER CASTING AN ABSENTEE BALLOT BY MAIL TO PROVIDE PROOF OF IDENTIFICATION OR OTHER INFORMATION TO AID IN THE ESTABLISHMENT OF HIS OR HER IDENTITY. (F) THE CITY CLERK SHALL MAINTAIN A RECORD OF THE NAME OF EACH VOTER TO WHOM AN ABSENTEE BALLOT IS SENT BY MAIL. THE RECORD MUST LIST THE DATE ON WHICH THE BALLOT IS MAILED AND THE DATE ON WHICH THE BALLOT IS RECEIVED BY THE CITY CLERK AND THE DATES ON WHICH THE BALLOT WAS EXECUTED AND POSTMARKED. (ORDS. 2488-2010, 2556-2011) 6.05.180 VOTING—AUTHORIZED. THE ELECTION OFFICIAL MAY PROVIDE FOR VOTING AT ONE (1) OR MORE VOTING PLACES FOR ONE (1) OR MORE QUESTIONS OR OFFICES ON A BALLOT. (ORDS. 881, 1788-98) Page 189 Ordinance No. 3224-2021 Page 10 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 6.05.190 VOTING—BOARDS. THE ELECTION OFFICIAL SHALL APPOINT A RECEIVING BOARD AND A DATA PROCESSING CONTROL BOARD, EACH CONSISTING OF THREE (3) MEMBERS. THE ELECTION OFFICIAL SHALL APPOINT A CHAIR OF EACH BOARD AND ADMINISTER THE OATH PRESCRIBED FOR ELECTION JUDGES TO BOTH CHAIR WHO SHALL ADMINISTER THE OATH TO THE REMAINING MEMBERS OF THEIR RESPECTIVE BOARDS. A VACANCY ON A BOARD SHALL BE FILLED BY THE ELECTION OFFICIAL. (ORDS. 881, 1788-98) 6.05.200 VOTING DEVICES AND MACHINES. (A) VOTING DEVICES AND MACHINES WILL BE USED FOR ALL REGULAR AND SPECIAL ELECTIONS UNLESS DETERMINED NOT TO BE PRACTICAL BY THE CLERK. THE LAWS OF THE STATE CONCERNING VOTING DEVICES AND MACHINES ARE INCORPORATED IN THIS CHAPTER AS IF FULLY SET OUT IN THIS CHAPTER EXCEPT FOR PROVISIONS IN CONFLICT WITH THIS CHAPTER. (B) THE ELECTION OFFICIAL SHALL DESIGNATE THE COMPUTERS TO BE USED IN COUNTING THE BALLOTS AND MAY NEGOTIATE AND CONTRACT WITH THE KENAI PENINSULA BOROUGH OR A PRIVATE COMPUTER SERVICE FOR THE NEEDED COMPUTER SERVICES. (ORDS. 881, 941, 1788-98) 6.05.210 VOTING—TESTS AND SECURITY. NO LATER THAN ONE (1) WEEK BEFORE THE ELECTION, THE COMPUTER VOTE COUNTING PROGRAM MUST BE TESTED IN THE PRESENCE OF, AND TO THE SATISFACTION OF, THE DATA PROCESSING CONTROL BOARD. (ORDS. 881, 1788-98) 6.05.220 RECOUNT OF VOTES—APPLICATION. (A) ANY DEFEATED CANDIDATE OR ANY TEN (10) QUALIFIED VOTERS, WHO BELIEVE THAT A MISTAKE HAS BEEN MADE BY AN ELECTION OFFICIAL OR BY THE COUNCIL IN COUNTING THE VOTES IN ANY ELECTION, MAY MAKE AN APPLICATION IN WRITING TO THE COUNCIL FOR A RECOUNT OF THE VOTES FROM THE PRECINCT FOR ANY PARTICULAR OFFICE OR ON ANY PARTICULAR QUESTION. THE APPLICATION MUST BE FILED WITH THE MAYOR, THE CITY CLERK, OR IN THE OFFICE OF THE CITY CLERK WITHIN TWENTY-FOUR (24) HOURS, EXCLUDING ANY SATURDAY, SUNDAY, OR HOLIDAY AFTER THE COUNCIL DECLARES THE RESULTS OF THE VOTE BEING QUESTIONED. IN CASE OF A TIE VOTE BETWEEN TWO (2) OR MORE CANDIDATES, THE COUNCIL SHALL RECOUNT THE VOTES WITHOUT AN APPLICATION THEREFOR. (B) THE PERSON OR PERSONS APPLYING FOR A RECOUNT SHALL DEPOSIT ONE HUNDRED DOLLARS ($100.00) IN CASH, BY CERTIFIED CHECK, OR BY BOND WITH SURETY APPROVED BY THE COUNCIL, EXCEPT IN THE CASE OF A TIE VOTE FOR CANDIDATES (WHEN NO DEPOSIT SHALL BE REQUIRED). IF ON THE RECOUNT A CANDIDATE OTHER THAN THE CANDIDATE WHO WAS FIRST DECLARED ELECTED IS DECLARED ELECTED, OR IF THE RESULT OF THE VOTE ON A QUESTION IS REVERSED, OR IF THE VOTE ON RECOUNT IS DETERMINED TO BE FOUR PERCENT (4%) OR MORE IN EXCESS OF THE VOTE REPORTED AFTER THE FIRST CANVASS FOR THE CANDIDATE APPLYING FOR THE RECOUNT OR IN FAVOR OF THE OPPOSED TO THE Page 190 Ordinance No. 3224-2021 Page 11 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] QUESTION STATED IN THE APPLICATION, THE DEPOSIT SHALL BE REFUNDED; OTHERWISE, IT SHALL BE PLACED IN THE GENERAL FUND OF THE CITY. (C) THE COUNCIL SHALL BEGIN THE RECOUNT WITHIN FORTY-EIGHT (48) HOURS AFTER RECEIVING THE APPLICATION, EXCLUDING ANY SATURDAY, SUNDAY, OR HOLIDAY, SHALL PROCEED WITH IT AS FAST AS PRACTICABLE, AND, SHALL DECLARE THE RESULTS THEREOF. THE CITY CLERK SHALL PROMPTLY ISSUE ANOTHER ELECTION CERTIFICATE IF A CHANGE IN THE RESULTS REQUIRE IT. (KC 6-27; ORD. 2108-2005) 6.05.230 APPEAL TO THE COURTS AFTER RECOUNT. ANY CANDIDATE OR A MAJORITY OF THE PERSONS WHO REQUESTED A RECOUNT WHO HAVE REASON TO BELIEVE THAT AN ERROR HAS BEEN MADE IN THE RECOUNT INVOLVING ANY CANDIDATE OR QUESTION, MAY APPEAL TO THE SUPERIOR COURT IN ACCORDANCE WITH APPLICABLE COURT RULES GOVERNING APPEALS IN CIVIL MATTERS. THE FILING OF THE APPEAL AND THE PROCEEDINGS SHALL BE, AS NEARLY AS MAY BE, AS IN CASE OF SUCH AN APPEAL MADE AFTER A RECOUNT IN A STATE ELECTION. (KC 6-28) 6.05.240 ELECTION CONTESTS. ANY DEFEATED CANDIDATE OR TEN (10) QUALIFIED VOTERS, BY ACTION BROUGHT IN THE SUPERIOR COURT, MAY CONTEST THE ELECTION OF ANY PERSON OR THE APPROVAL OR REJECTION OF ANY QUESTION UPON THE SAME GROUNDS AND IN THE SAME MANNER, AS NEARLY AS MAY BE, AS IN ELECTION CONTESTS ARISING OUT OF STATE ELECTIONS. THE CITY CLERK SHALL PROMPTLY ISSUE ANY NEW ELECTION CERTIFICATE REQUIRED TO REFLECT THE JUDGMENT OF THE COURT. (KC 6-29) 6.05.250 RULES AND REGULATIONS. RULES AND REGULATIONS MADE BY THE DIRECTOR OF ELECTIONS PURSUANT TO LAW REGULATING STATE ELECTIONS SHALL ALSO APPLY TO CITY ELECTIONS INSOFAR AS THEY ARE APPLICABLE. THE CITY CLERK SHALL HAVE THE POWERS AND DUTIES PRESCRIBED FOR THE DIRECTOR OF ELECTIONS IN SAID RULES AND REGULATIONS, WITH REGARD TO CITY ELECTIONS, INSOFAR AS IT WOULD BE APPROPRIATE IN CITY ELECTIONS. (KC 6-31; ORD. 803) 6.05.260 CITY ELECTION TIME. NOTHING IN THIS CHAPTER SHALL PROHIBIT HOLDING A CITY ELECTION ON THE SAME DAY AND BY THE SAME ELECTION PERSONNEL AS A STATE, BOROUGH, OR OTHER PUBLIC ELECTION, OR SUBMITTING A CITY QUESTION AT SUCH AN ELECTION, AS AUTHORIZED BY THE CITY CHARTER, SECTION 10-8. (KC 6-32) 6.05.270 OFFENSES AND PENALTIES. (A) IT IS UNLAWFUL FOR ANY PERSON, FIRM, OR CORPORATION TO DO ANY OF THE FOLLOWING ACTS, AND ANY PERSON, FIRM, OR CORPORATION WHO DOES ANY OF THE FOLLOWING ACTS SHALL BE GUILTY OF A VIOLATION: (1) DIRECTLY OR INDIRECTLY USES OR THREATENS TO USE FORCE, COERCION, VIOLENCE, RESTRAINT, INFLICTS, OR THREATENS TO INFLICT DAMAGE, HARM, OR LOSS UPON OR AGAINST ANY PERSON TO INDUCE OR COMPEL THE PERSON TO Page 191 Ordinance No. 3224-2021 Page 12 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] VOTE OR REFRAIN FROM VOTING FOR ANY CANDIDATE IN ANY ELECTION OR FOR ANY ELECTION PROPOSITION OR QUESTION. (2) GIVES OR PROMISES TO GIVE, OR OFFERS ANY MONEY OR VALUABLE THING TO ANY PERSON, WITH THE INTENT TO INDUCE HIM OR HER TO VOTE FOR OR RESTRAIN HIM OR HER FROM VOTING FOR ANY CANDIDATE AT ANY ELECTION OR ANY ELECTION PROPOSITION OR QUESTION. (3) KNOWINGLY PRINTS OR CIRCULATES, OR CAUSES TO BE WRITTEN, PRINTED, OR CIRCULATED, ANY LETTER, CIRCULAR, BILL, PLACARD, POSTER, OR OTHER PUBLICATION RELATING TO ANY ELECTION OR TO ANY CANDIDATE AT ANY ELECTION OR TO ANY ELECTION PROPOSITION OR QUESTION WITHOUT THE SAME BEARING ON ITS FACE THE NAME AND ADDRESS OF THE AUTHOR, PRINTER, AND PUBLISHER THEREOF. (4) WRITES, PRINTS, OR CIRCULATES, OR WHO SHALL CAUSE TO BE WRITTEN, PRINTED, OR CIRCULATED, ANY LETTER, CIRCULAR, BILL, PLACARD, OR POSTER, OR WHO CAUSES ANY PAID ADVERTISEMENT TO BE PLACED IN A NEWSPAPER OR ANY OTHER PUBLICATION, OR WHO PAYS OR CONTRIBUTES TO THE PAYMENT FOR ANY SUCH ADVERTISEMENT, OR WHO MAKES ANY RADIO BROADCAST, WILLFULLY KNOWING THE LETTER, CIRCULAR, BILL, PLACARD, POSTER, PUBLICATION, PAID ADVERTISEMENT, OR RADIO BROADCAST TO CONTAIN ANY FALSE STATEMENT, CHARGE, OR COMMENT RELATING TO ANY CANDIDATE TO ANY ELECTION OR TO ANY ELECTION PROPOSITION OR QUESTION. (5) HAS IN HIS OR HER POSSESSION OUTSIDE OF THE VOTING ROOM ANY OFFICIAL BALLOT, PROVIDED THAT THIS SHALL NOT APPLY TO ELECTION OFFICIALS OR OTHER PROPERLY AUTHORIZED PERSONS HAVING SUCH POSSESSION IN LINE OF DUTY. (6) MAKES OR KNOWINGLY HAS IN HIS OR HER POSSESSION ANY COUNTERFEIT OF AN OFFICIAL BALLOT. (7) REFUSES TO ALLOW AN EMPLOYEE REASONABLE TIME OFF FOR THE PURPOSE OF VOTING WHEN THE EMPLOYEE DOES NOT HAVE A REASONABLE AMOUNT OF TIME TO VOTE BEFORE OR AFTER WORK, OR WHO, AFTER ALLOWING THE TIME OFF, DEDUCTS THE TIME FROM THE COMPENSATION OF THE EMPLOYEE. (8) BEING AN ELECTION OFFICIAL WHILE THE POLLS ARE OPEN, OPENS ANY BALLOT RECEIVED FROM A VOTER AT AN ELECTION, OR MARKS A BALLOT BY FOLDING OR OTHERWISE SO AS TO BE ABLE TO RECOGNIZE IT, OR OTHERWISE ATTEMPTS TO LEARN HOW ANY VOTER MARKED HIS OR HER BALLOT, OR ALLOWS THE SAME TO BE DONE BY ANY OTHER PERSON. (9) WRITES, PRODUCES, OR ASSISTS IN WRITING OR PRODUCING ANY PUBLISHED LETTER, CIRCULAR, POSTER, BILL, PUBLICATION, OR PLACARD, KNOWING THAT IT CONTAINS ANY FALSE STATEMENT OR FALSE CHARGE REFLECTING ON THE CHARACTER, MORALITY, OR INTEGRITY OF ANY CANDIDATE AT ANY ELECTION. (10) VOTES OR ATTEMPTS TO VOTE IN THE NAME OF ANOTHER PERSON OR IN ANY NAME OTHER THAN HIS OR HER OWN. (11) BY FORCE, THREAT, INTIMIDATION, OR OFFER OF REWARD, INDUCES OR ATTEMPTS TO INDUCE ANY ELECTION OFFICIAL TO FAIL IN HIS OR HER DUTY. Page 192 Ordinance No. 3224-2021 Page 13 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (12) WILLFULLY CHANGES OR CAUSES TO BE CHANGED ANY OFFICIAL ELECTION DOCU-MENTS, INCLUDING BALLOTS, TALLIES, AND RETURNS, OR ATTEMPTS TO DO THE SAME. (13) WILLFULLY DELAYS OR CAUSES TO BE DELAYED THE ELECTION RETURNS, OR ATTEMPTS TO DO SO. (14) WILLFULLY VOTES OR ATTEMPTS TO VOTE MORE THAN ONCE AT THE SAME ELECTION. (15) SIGNS ANY NAME OTHER THAN HIS OR HER OWN TO A PETITION PROPOSING AN INITIATIVE, REFERENDUM, OR RECALL, OR KNOWINGLY SIGNS HIS OR HER NAME MORE THAN ONCE FOR THE SAME PROPOSITION OR QUESTION AT ONE (1) ELECTION, OR SIGNS THE PETITION KNOWING THAT HE OR SHE IS NOT A QUALIFIED VOTER. (16) HAVING BEEN CONTRACTED OR EMPLOYED BY THE CITY TO PRINT OR REPRODUCE IN ANY MANNER ANY OFFICIAL BALLOT, WILLFULLY APPROPRIATES TO HIM OR HERSELF, OR GIVES OR DELIVERS TO, OR KNOWINGLY PERMITS TO BE TAKEN BY ANYONE OTHER THAN A PERSON AUTHORIZED BY THE CITY CLERK, ANY OFFICIAL BALLOTS, OR KNOWINGLY PRINTS, REPRODUCES, OR CAUSES TO BE PRINTED OR REPRODUCED ANY OFFICIAL BALLOTS IN ANY OTHER FORM OR WITH ANY OTHER CONTENT THAN THAT PRESCRIBED BY THE CHARTER, ORDINANCE, OR AS DIRECTED BY THE CITY CLERK. (17) WILLFULLY MAKES A FALSE AFFIDAVIT OR SWEARS FALSELY UNDER ANY OATH REQUIRED IN CONNECTION WITH ANY ELECTION OR REGISTRATION FOR VOTING OR FALSELY AFFIRMS IN LIEU OF SO SWEARING. (18) WILLFULLY FAILS TO PERFORM ANY ELECTION DUTY OR KNOWINGLY DOES ANY UNAUTHORIZED ACT WITH THE INTENT TO AFFECT THE ELECTION OR ITS RESULTS. (19) WILLFULLY PERMITS, MAKES, OR ATTEMPTS TO MAKE ANY FALSE COUNT OR REPORT OF THE ELECTION RETURNS. (20) BEING AN ELECTION OFFICIAL, WILLFULLY CONCEALS, WITHHOLDS, WRONGFULLY CHANGES, MUTILATES, OR DESTROYS THE ELECTION RETURNS, OR ATTEMPTS TO DO SO. (B) ANY PERSON, FIRM, OR CORPORATION WHO IS GUILTY OF A VIOLATION AS DEFINED HEREINABOVE SHALL BE PUNISHED UPON CONVICTION THEREOF AS PROVIDED FOR MISDEMEANORS IN KMC 13.05.010. (KC 6-30; ORDS. 1240, 1858-2000) 6.05.280 RECORD RETENTION. (A) THE CERTIFICATE OF RETURNS OF THE CANVASSING BOARD SHALL BE MAINTAINED PERMANENTLY, AND DESCRIPTIONS OF ELECTION BOUNDARIES, PRECINCTS, AND POLLING PLACES SHALL BE MAINTAINED UNTIL THEY ARE REVISED. (B) OTHER ELECTION RECORDS SHALL BE MAINTAINED FOR THE PERIOD SET FORTH BELOW: FINANCIAL DISCLOSURE FORM SIX YEARS Page 193 Ordinance No. 3224-2021 Page 14 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] CANDIDATE AFFIDAVIT OF EXPENSE AND CONTRIBUTIONS FIVE YEARS ELECTION REGISTERS FOUR YEARS NOMINATING PETITIONS THREE YEARS DECLARATION OF CANDIDACY THREE YEARS REJECTED BALLOTS ONE YEAR, UNLESS ELECTION CONTESTED CERTIFICATES OF ELECTION RETURN REPORTS PERMANENTLY (C) THE CITY CLERK SHALL INFORM THE CITY COUNCIL PRIOR TO DESTRUCTION OF ANY RECORDS, SPECIFYING THE TYPE OF RECORD AND THE DATE OF THE ELECTION TO WHICH IT RELATES. (ORDS. 2488-2010, 2556-2011) 6.05.300 VOTING BY MAIL, BALLOTS, BALLOT REVIEW, BALLOT ENVELOPES. (A) THE CITY CLERK MAY CONDUCT A SPECIAL ELECTION BY MAIL. (B) WHEN THE CLERK CONDUCTS A SPECIAL ELECTION BY MAIL, THE CLERK SHALL SEND A BALLOT TO EACH PERSON WHOSE NAME APPEARS ON THE OFFICIAL VOTER REGISTRATION LIST PREPARED UNDER AS 15.07.125 FOR THAT ELECTION. THE CLERK SHALL SEND THE BALLOT TO THE ADDRESS STATED ON THE OFFICIAL REGISTRATION LIST UNLESS THE VOTER HAS NOTIFIED THE CLERK IN WRITING OF A DIFFERENT ADDRESS TO WHICH THE BALLOT SHOULD BE SENT. THE CLERK SHALL SEND BALLOTS BY FIRST CLASS, NONFORWARD-ABLE MAIL ON OR BEFORE THE TWENTY-SECOND (22ND) DAY BEFORE THE ELECTION. (C) THE CLERK SHALL REVIEW BALLOTS VOTED UNDER THIS SECTION UNDER PROCEDURES ESTABLISHED FOR THE REVIEW OF ABSENTEE BALLOTS. (D) THERE SHALL BE A SMALL BLANK ENVELOPE AND A POSTAGE-PAID RETURN ENVELOPE SUPPLIED TO EACH BY-MAIL VOTER. THE POSTAGE-PAID RETURN ENVELOPE SHALL HAVE PRINTED ON IT AN AFFIDAVIT BY WHICH THE VOTER SHALL DECLARE THE VOTER’S QUALIFICATION TO VOTE, FOLLOWED BY PROVISION FOR ATTESTATION BY ONE (1) ATTESTING WITNESS, WHO IS AT LEAST EIGHTEEN (18) YEARS OF AGE. SPECIFIC INSTRUCTIONS FOR VOTING A BY-MAIL BALLOT AND A LIST OF THE APPOINTED ABSENTEE VOTING OFFICIALS, THEIR HOURS AND LOCATIONS, SHALL BE MAILED TO EACH VOTER WITH THE BALLOT. (ORDS. 1800-98, 2488-2010) Page 194 Ordinance No. 3224-2021 Page 15 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 6.05.310 CASTING BALLOTS. (A) UPON RECEIPT OF A MAIL-IN BALLOT, THE VOTER SHALL CAST HIS OR HER BALLOT IN THE MANNER SPECIFIED IN KMC 6.05.140 THROUGH 6.05.160. IF THE BALLOT IS CAST IN THE CLERK’S OFFICE, THE CLERK SHALL RETAIN IT FOR DELIVERY TO THE CANVASSING BOARD. IF THE BALLOT IS CAST IN ANOTHER LOCATION, THE VOTER SHALL RETURN IT BY MAIL TO THE CLERK IMMEDIATELY FOR DELIVERY TO THE CANVASSING BOARD. (B) A VOTER WHO DOES NOT RECEIVE A MAIL-IN BALLOT MAY CAST HIS OR HER BALLOT IN PERSON AS SPECIFIED IN KMC 6.05.145. (C) A VOTER MAY RETURN THE MAIL-IN BALLOT TO THE CITY CLERK AS PROVIDED IN KMC 6.05.160. (ORD. 1800-98) 6.05.320 NOTICE OF ELECTION, ELECTION DATE, PUBLIC NOTICE. (A) THE NOTICE OF ELECTION CALLING FOR THE ELECTION MUST STATE THAT THE ELECTION IS TO BE CONDUCTED BY MAIL AND THAT THERE WILL BE NO POLLING PLACE OPEN FOR REGULAR IN-PERSON VOTING ON ELECTION DAY. IN A BY-MAIL ELECTION, ELECTION DAY IS THE DEADLINE BY WHICH A VOTER’S BALLOT MUST BE RECEIVED BY THE CLERK. (B) FOR EACH ELECTION CONDUCTED BY MAIL, THE PUBLIC NOTICE WILL BE GIVEN AS SET FORTH IN KMC 6.05.100. (ORD. 1800-98) 6.05.330 ABSENTEE VOTING OFFICIAL AND DUTIES. (A) THE CITY CLERK, OR DESIGNEE, SHALL ACT AS ABSENTEE VOTING OFFICIAL. (B) THE DUTIES OF THE ABSENTEE VOTING OFFICIAL SHALL BE AS FOLLOWS: (1) PROVIDE ABSENTEE VOTING IN PERSON ON ANY DATE, INCLUDING THE DAY OF THE ELECTION, AND ABSENTEE VOTING THROUGH A PERSONAL REPRESENTATIVE ON ANY DATE, INCLUDING THE DAY OF THE ELECTION, AND HAVE UNTIL THE DAY OF THE ELECTION TO RETURN THE BALLOTS; (2) SIGN A VOTER’S BY-MAIL OATH AND AFFIDAVIT ENVELOPE AS AN AUTHORIZED ATTESTING OFFICIAL, EXCEPT THAT THE ABSENTEE VOTING OFFICIAL MAY NOT ATTEST HIS OR HER OWN BALLOT; (3) ACCEPT RECEIPT OF A BY-MAIL VOTER’S HAND-DELIVERED VOTED BALLOT, WHICH HAS BEEN SWORN TO, ATTESTED AND SEALED IN THE BY-MAIL RETURN ENVELOPE; (4) PROVIDE GENERAL VOTER ASSISTANCE, INCLUDING, BUT NOT LIMITED TO, ASSISTANCE TO A QUALIFIED VOTER WHO CANNOT READ, MARK THE BALLOT, OR SIGN HIS OR HER NAME, AND PROVIDING REPLACEMENT BALLOTS TO VOTERS WHO HAVE IMPROPERLY MARKED OR DAMAGED THEIR BALLOTS; (5) DATE-STAMP ALL BALLOTS RECEIVED; (6) PROVIDE FOR THE SECURITY AND SAFEKEEPING OF ALL BALLOTS RECEIVED AND PRESENT THOSE BALLOTS TO THE CLERK FOR CANVASSING. (ORD. 1800-98) Page 195 Ordinance No. 3224-2021 Page 16 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 6.05.335 ABSENTEE VOTING—BY ELECTRONIC TRANSMISSION. (A) A QUALIFIED VOTER MAY APPLY TO THE CITY CLERK FOR AN ABSENTEE BALLOT TO BE SENT TO THE VOTER BY ELECTRONIC TRANSMISSION. SUCH APPLICATION MUST BE MADE BY THE VOTER NOT LESS THAN THE DAY IMMEDIATELY PRECEDING THE ELECTION. ABSENTEE BALLOTS WILL BE TRANSMITTED ELECTRONICALLY TO THE LOCATION (FACSIMILE NUMBER, E-MAIL ADDRESS, OR SIMILAR DESIGNATION) DESIGNATED IN THE APPLICATION. IF NO LOCATION IS DESIGNATED, AND IF THE APPLICATION IS RECEIVED NO LATER THAN SEVEN (7) DAYS PRIOR TO THE ELECTION, THE BALLOT WILL BE MAILED IN THE MANNER PROVIDED IN KMC 6.05.140 FOR DELIVERING ABSENTEE BALLOTS BY MAIL. THE CLERK WILL PROVIDE REASONABLE CONDITIONS FOR TRANSMITTING ABSENTEE BALLOTS ELECTRONICALLY. (B) THE VOTER MAY RETURN THE BALLOT BY MAIL OR BY ELECTRONIC TRANSMISSION. AN ELECTRONICALLY-TRANSMITTED BALLOT SHALL CONTAIN A COPY OF THE BALLOT TO BE USED AT THE ELECTION IN A FORM SUITABLE FOR TRANSMISSION. A PHOTOCOPY OF THE COMPUTERIZED BALLOT CARD TO BE USED BY PERSONS VOTING IN PERSON AT THE POLLING PLACES IS ACCEPTABLE. (C) AN ABSENTEE BALLOT THAT IS COMPLETED AND RETURNED BY THE VOTER BY ELECTRONIC TRANSMISSION MUST: (1) CONTAIN THE FOLLOWING STATEMENT: “I UNDERSTAND THAT BY USING ELECTRONIC TRANSMISSION TO RETURN MY MARKED BALLOT, I AM VOLUNTARILY WAIVING A PORTION OF MY RIGHT TO A SECRET BALLOT TO THE EXTENT NECESSARY TO PROCESS MY BALLOT, BUT EXPECT THAT MY VOTE WILL BE HELD AS CONFIDENTIAL AS POSSIBLE.” FOLLOWED BY THE VOTER’S SIGNATURE AND DATE OF SIGNATURE; AND (2) BE ACCOMPANIED BY A STATEMENT EXECUTED UNDER OATH AS TO THE VOTER’S IDENTITY; THE STATEMENT UNDER OATH MUST BE WITNESSED BY ONE (1) UNITED STATES CITIZEN WHO IS EIGHTEEN (18) YEARS OF AGE OR OLDER. (D) THE VOTER MAY RETURN THE BALLOT BY MAIL. THE BALLOT MUST BE MARKED, ATTESTED, AND RETURNED IN ACCORDANCE WITH KMC 6.05.170(D) IF THE VOTER RETURNS THE BALLOT BY MAIL. (E) IF THE VOTER RETURNS THE BALLOT BY ELECTRONIC TRANSMISSION, THE VOTER MUST COMPLY WITH THE SAME DEADLINES AS FOR VOTING IN PERSON ON OR BEFORE THE CLOSING HOUR OF THE POLLS. (F) WHEN A COMPLETED ABSENTEE BALLOT IS RECEIVED BY THE CITY THROUGH ELECTRONIC TRANSMISSION, THE CLERK WILL NOTE THE DATE OF RECEIPT ON THE ABSENTEE BALLOT APPLICATION LOG AND, IF THE BALLOT IS RECEIVED ON ELECTION DAY, THE TIME OF RECEIPT. THE CLERK WILL THEN: (1) REMOVE THE BALLOT PORTION OF THE TRANSMISSION FROM THE PORTION THAT IDENTIFIES THE VOTER; (2) PLACE THE BALLOT PORTION IN A SECRECY SLEEVE; (3) SEAL THE SECRECY SLEEVE IN AN OUTER ENVELOPE OF THE TYPE USED FOR ABSENTEE BALLOTS RETURNED BY MAIL, AND SEAL THAT ENVELOPE; (4) ATTACH THE VOTER IDENTIFICATION PORTION TO THE OUTER ENVELOPE; AND Page 196 Ordinance No. 3224-2021 Page 17 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (5) FORWARD THE OUTER SEALED ENVELOPE TO THE CANVASSING BOARD FOR REVIEW. (G) AN ELECTRONICALLY-TRANSMITTED BALLOT SHALL BE COUNTED IN THE SAME MANNER AS OTHER ABSENTEE BALLOTS, EVEN THOUGH THIS PROCEDURE MAY REVEAL TO ONE (1) OR MORE ELECTION OFFICIALS THE MANNER IN WHICH A PARTICULAR ABSENTEE VOTER CAST HIS OR HER BALLOT. HOWEVER, IT SHALL BE UNLAWFUL TO DISPLAY AN ELECTRONIC BALLOT IN A MANNER REVEALING THE WAY IN WHICH A PARTICULAR VOTER CAST HIS OR HER BALLOT TO ANY PERSON OTHER THAN THE CITY CLERK, A MEMBER OF THE CLERK’S STAFF, AN INFORMATION TECHNOLOGIES TECHNICIAN RETAINED BY THE CITY, AN ELECTION OFFICIAL IN THE COURSE OF HIS OR HER DUTIES, OR AN ATTORNEY ADVISING THE CLERK ON LEGAL QUESTIONS CONCERNING THE BALLOT. (ORDS. 2108-2005, 2556-2011) 6.05.340 STORING BALLOTS. THE CLERK SHALL PROVIDE FOR THE SECURE STORAGE OF THE MAIL-IN BALLOTS RECEIVED FROM THE VOTERS AND BY-MAIL OFFICIALS UNTIL THE DATE SET BY THE CLERK FOR THE COUNTING OF THE BALLOTS. (ORD. 1800-98) CHAPTER 6.10 FILING FOR OFFICE SECTIONS: 6.10.010 NOMINATING PETITIONS. 6.10.020 SUFFICIENCY OF PETITION—NEW PETITION. 6.10.030 WITHDRAWAL OF CANDIDACY. 6.10.040 PETITION AND STATEMENT TO BE PRESERVED. 6.10.010 NOMINATING PETITIONS. (A) ANY QUALIFIED PERSON MAY HAVE HIS OR HER NAME PLACED ON THE BALLOT FOR THE ELECTION AS A CANDIDATE FOR MAYOR OR COUNCIL BY FILING WITH THE CITY CLERK, BETWEEN AUGUST 1ST, AND AUGUST 15TH, A SWORN STATEMENT OF HIS OR HER CANDIDACY. IF AUGUST 15TH IS NOT A REGULAR CITY WORKDAY, THE FILING PERIOD SHALL BE EXTENDED TO THE CLOSE OF BUSINESS OF THE NEXT REGULAR CITY WORKDAY. SUCH SWORN STATEMENT SHALL BE ACCOMPANIED BY A NOMINATING PETITION SIGNED BY TWENTY (20) OR MORE REGISTERED, QUALIFIED CITY VOTERS AS REQUIRED BY THE CITY CHARTER, SECTION 10-3. (B) NO VOTER SHALL SIGN MORE THAN ONE (1) PETITION EXCEPT THAT A VOTER MAY SIGN AS MANY NOMINATING PETITIONS FOR COUNCILMEMBERS AS THERE ARE VACANCIES TO BE FILLED; AND IF A VOTER SIGNS MORE PETITIONS THAN HEREBY AUTHORIZED, HIS OR HER SIGNATURE SHALL BE VOID EXCEPT AS TO THE AUTHORIZED NUMBER OF PETITIONS FIRST FILED. (C) NOMINATION PETITIONS SHALL BE SUBSTANTIALLY IN THE FOLLOWING FORM: NOMINATING PETITION WE, THE UNDERSIGNED TWENTY (20) ELECTORS OF THE CITY OF KENAI, HEREBY NOMINATE AND SPONSOR ______________________, WHOSE ADDRESS Page 197 Ordinance No. 3224-2021 Page 18 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] IS ______________________, FOR THE OFFICE OF ______________________, TO BE VOTED FOR AT THE ELECTION TO BE HELD ON_____________; AND WE INDIVIDUALLY CERTIFY THAT OUR NAMES PRESENTLY APPEAR ON THE ROLLS OF REGISTERED VOTERS OF THE CITY OF KENAI, AND THAT WE ARE QUALIFIED TO VOTE FOR A CANDIDATE FOR AN ELECTIVE MUNICIPAL OFFICE, AND THAT WE HAVE NOT SIGNED ANY OTHER NOMINATING PETITION FOR THE PARTICULAR OFFICE THIS CANDIDATE SEEKS. CHECK TERM OF OFFICE CANDIDATE IS SEEKING:______ ONE YEAR;__________ TWO YEARS; THREE YEARS. _____________________________________ (HERE PLACE LINES FOR SIGNATURES, ADDRESSES, AND DATES OF SIGNING.) ACCEPTANCE OF NOMINATION I HEREBY ACCEPT THE NOMINATION FOR_______ AND AGREE TO SERVE_______ YEARS IF ELECTED. DATE FILED:___________ BY:___________ RECEIVED:____________ ______________ CITY CLERK SIGNATURE OF CANDIDATE (KC 6-33; ORDS. 247, 803, 995; AMENDED DURING 11-17-01 SUPPLEMENT; ORDS. 2067- 2004, 2562-2011) 6.10.020 SUFFICIENCY OF PETITION—NEW PETITION. WITHIN THREE (3) DAYS AFTER THE FILING OF THE STATEMENT OF CANDIDACY AND NOMINATING PETITION, THE CITY CLERK SHALL DETERMINE WHETHER THE NOMINATING PETITION IS SIGNED BY THE REQUIRED NUMBER OF REGISTERED VOTERS, AND SO NOTIFY THE CANDIDATE. IF INSUFFICIENT, THE CITY CLERK SHALL RETURN THE PETITION IMMEDIATELY TO THE CANDIDATE WITH A STATEMENT AS TO WHY THE PETITION IS INSUFFICIENT. WITHIN THE REGULAR TIME FOR FILING PETITIONS AND STATEMENTS OF CANDIDACY, A NEW PETITION AND STATEMENT OF CANDIDACY MAY BE FILED BY THE CANDIDATE. THE ABOVE NOTICE TO THE Page 198 Ordinance No. 3224-2021 Page 19 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] CANDIDATE AND THE RETURN OF AN INSUFFICIENT PETITION MAY BE IN PERSON, BY DELIVERY BY POLICE, OR BY MAIL. (KC 6-34; ORD. 803) 6.10.030 WITHDRAWAL OF CANDIDACY. ANY CANDIDATE FOR OFFICE MAY WITHDRAW HIS OR HER CANDIDACY AT ANY TIME BEFORE THE EXPIRATION OF THE TIME WHEN CANDIDATES MAY FILE STATEMENTS OF CANDIDACY, BY FILING A WRITTEN NOTICE OF WITHDRAWAL WITH THE CITY CLERK DURING SUCH TIME. (KC 6-35) 6.10.040 PETITION AND STATEMENT TO BE PRESERVED. THE PETITION AND STATEMENT OF CANDIDACY OF EACH CANDIDATE SHALL BE PRESERVED BY THE CITY CLERK UNTIL THE EXPIRATION OF THE TERM OF OFFICE FOR WHICH HE OR SHE WAS A CANDIDATE. (KC 6-36) CHAPTER 6.20 INITIATIVE AND REFERENDUM SECTIONS: 6.20.010 PROVISIONS OF CHARTER TO GOVERN. 6.20.010 PROVISIONS OF CHARTER TO GOVERN. THE INITIATIVE AND REFERENDUM SHALL BE GOVERNED BY THE CITY CHARTER, SECTIONS 11-1 TO 11-5. THE PROVISIONS OF THIS CHAPTER OF THIS CODE SHALL GOVERN ELECTIONS AT WHICH INITIATED AND REFERRED PROPOSALS ARE SUBMITTED TO THE VOTERS, AS WELL AS OTHER ELECTIONS, INSOFAR AS THEY ARE APPLICABLE. (KC 6-37) CHAPTER 6.30 RECALL SECTIONS: 6.30.010 PROCEDURES AND GROUNDS. 6.30.010 PROCEDURES AND GROUNDS. PROCEDURES AND GROUNDS FOR RECALL OF INCUMBENTS OF ELECTIVE OFFICES OF THE CITY SHALL BE SUCH AS MAY BE PRESCRIBED BY LAW, AS PROVIDED BY THE CITY CHARTER, SECTION 11-6. THE PROVISIONS OF THIS TITLE OF THIS CODE SHALL GOVERN RECALL ELECTIONS, AS WELL AS OTHER ELECTIONS, INSOFAR AS THEY ARE APPLICABLE. (KC 6-38)] Chapter 6.05 General Provisions 6.05.010 – Definitions When used in this Title, the following words and phrases have the meaning set forth in this section, except where the context clearly indicates a different meaning: "Clerk" and “City Clerk” mean the Clerk of the City, any properly authorized assistant or designee. Page 199 Ordinance No. 3224-2021 Page 20 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] "Day" means a calendar day including Saturday, Sunday and holidays. "Election" includes a regular or special City election. "Election official" means the City Clerk, Clerk’s office staff, Kenai Peninsula Borough Clerk, Borough Clerk’s office staff, and members of all election boards. “Election supervisor” means the City Clerk. "Oath" includes affirmation on penalty of perjury. "Precinct" means the geographical area within which resident voters may cast votes at one polling place. “Precinct register” means the register maintained by the Director of the State Division of Elections. "Proposition" means an initiative, referendum, recall, or other question submitted to the public at an election. “Qualified voter” means a person who is qualified to vote in City elections under KMC 6.10.010. “Questioned voter” means any person whose name does not appear on the register in the precinct where the voter attempts to vote, a voter who has received an absentee ballot and does not turn it in when voting at his/her precinct on election day, a voter who does not bear identification or is not personally known to an election official though his/her name appears on the precinct register, or a voter who is questioned for good cause at the polls in writing. "Registration" or "registered" refers to the form of registration required by the state election statute. For City elections, a person is registered if registered to vote in state elections in the precinct in which that person seeks to vote 30 days prior to the City election. “Regular election” means the City election held on the first Tuesday of October annually as prescribed by Kenai Charter section 10-1. "Signature" and “subscription” both include any mark intended as a signature or subscription. "Special election" means any election held at a time other than when a regular election is held. "Swear" includes "Affirm". "Voter" means any person who presents themselves for the purpose of registering to vote or voting, either in person or by absentee application or ballot. 6.05.020 – Powers and Duties of the Clerk The Clerk shall supervise all City elections and shall determine whether candidates for City office are qualified in accordance with this Title and City Charter. Page 200 Ordinance No. 3224-2021 Page 21 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 6.05.030 – Election Times. (a) Regular Election. Annually, on the first Tuesday of October, a regular election shall be held in the City for the election of vacant City offices and for the determination of other propositions and matters as may be placed on the ballot as authorized by the City Charter, Section 10-1. (b) Special Election. The Council, by resolution or ordinance, may call a special election at any time at least 75 days prior to the date of the election and may submit questions to the qualified voters of the City as authorized by the City Charter, Section 10-8. Unless the Council has set a date for a required special election, the election supervisor shall call a special election when required by law or ordinance to place an initiative, referendum, recall, or other question before the voters. (c) Nothing in this chapter shall prohibit holding a City election on the same day and by the same election personnel as a State, Borough, or other public election, or submitting a City question at such an election, as authorized by the City Charter, Section 10-8. 6.05.040 – Votes Required for Election to Office. (a) Each City office shall be filled by the candidate receiving the greatest number of votes as authorized by the City Charter, Section 10-4. (b) Tie votes. In case of a failure to elect because of a tie vote, the Council shall immediately order a recount of ballots pursuant to KMC 6.45.030. If there is still a failure to elect because of a tie after completion of the recount, the election shall be determined fairly by lot from among the candidates tying, in a meeting of the Council and under its direction, in accordance with the City Charter, Section 10-4. 6.05.050 – Preservation of Election Ballots, Papers, and Materials. (a) The certificate of returns of the canvassing board shall be maintained permanently, and descriptions of election boundaries, precincts, and polling places shall be maintained until they are revised. (b) Financial disclosure forms shall be maintained for a period of six years and then may be destroyed. (c) Election registers, nominating petitions, declaration of candidacy, and rejected ballots shall be retained for one year after the certification of the election. These materials may be destroyed after their retention period has lapsed unless their destruction is stayed by an order of the court. 6.05.060 – Election Expenses. (a) The City shall pay all necessary expenses relating to the conduct of each City election. Necessary expenses shall include those associated with conducting the election. The Clerk shall retain a record for auditing and payment of election expenses. (b) The City shall pay each election official and canvass board member an hourly rate for time spent at his or her election duties, including the receiving of instructions. The election supervisor shall set the hourly compensation to be paid for time spent by election officials. Page 201 Ordinance No. 3224-2021 Page 22 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 6.05.070 – Initiative, Referendum, and Recall. (a) The initiative and referendum process shall be governed by the City Charter, Sections 11- 1 to 11-5. The provisions of this chapter of this Code shall govern elections at which initiated and referred proposals are submitted to the voters, as well as other elections, insofar as they are applicable. (b) As set forth by the City Charter, Section 11-6, all incumbents of elective offices of the City, including persons chosen to fill vacancies in such offices, shall be subject to recall from office by the qualified voters of the City. Procedures and grounds for recall shall be such as may be prescribed by law. The Council, by ordinance, may further regulate the recall insofar as such regulation is not in conflict with the State Constitution or law. 6.05.080 – Proposition and Questions. A resolution or ordinance brought forward by the City Council placing a proposition before the voters must be adopted at least 53 days or more before a regular election, and at least 60 days or more before a special election. Chapter 6.10 Voter Qualifications 6.10.010 – Voter Qualifications A person is qualified to vote in a City election only if the person: (1) is qualified to vote in state elections under AS 15.05.010; (2) has been a resident of the City for 30 days immediately preceding the election; (3) is registered to vote in state elections at a residence address within the City at least 30 days before the City election at which the person seeks to vote; and (4) is not disqualified under article V of the state constitution. 6.10.020 – Rules for Determining Residence of Voters. For the purpose of determining residence for voting, the place of residence is governed by the following rules: (a) A person may not be considered to have gained a residence solely by reason of presence nor may a person lose it solely by reason of absence while in the civil or military service of this state or of the United States or by absence because of marriage to a person engaged in the civil or military service of this state or the United States, while a student at an institution of learning, while in an institution or asylum at public expense, while confined in public prison, while engaged in the navigation of waters of this state or the United States or of the high seas, while residing upon an Indian or military reservation, or while residing in the Alaska Pioneers’ Home or the Alaska Veterans’ Home. (b) The residence of a person is that place in which the person's habitation is fixed, and to which, whenever absent, the person has the intention to return. If a person resides in one Page 202 Ordinance No. 3224-2021 Page 23 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] place, but does business in another, the former is the person's place of residence. Temporary work sites do not constitute a dwelling place. (c) A change of residence is made only by the act of removal joined with the intent to remain in another place. There can only be one place of residence. (d) A person does not lose residence if the person leaves home and goes to another country, state, or place in this state for temporary purposes only and with the intent of returning. (e) A person does not gain residence in any place to which the person comes without the present intention to establish a permanent dwelling at that place. (f) A person loses residence in this City if the person votes in another City’s or borough’s election or another state’s election, either in person or by absentee ballot, and will not be eligible to vote in this state again until qualifying under provisions of state law. (g) The term of residence is computed by including the day on which the person’s residence begins and excluding the day of election. (h) The address of a voter as it appears on the official voter registration record is presumptive evidence of the person’s voting residence. This presumption is negated only if the voter notifies the Division of Elections in writing of a change of voting residence. 6.10.030 - Notice of voter registration. Before each election, the Clerk shall post on the City website and publish at least twice in a newspaper of general circulation, a notice of voter registration. The posting and first publication shall occur not less than 60 days before the election. The notice shall include the qualifications required to vote and the deadline for registering to vote in the election. Chapter 6.15 Filing for Office 6.15.010 – Candidate Qualifications A candidate for elective City office: (a) Shall have the qualifications required in City Charter, Section 2-1(b), as of the date of the declaration of candidacy, (b) Shall provide proof of qualifications for office as required by the Clerk, and (c) Shall submit a nominating petition, on a form provided by the Clerk, signed by twenty (20) or more registered qualified City voters, in accordance with City Charter, Section 10-3. 6.15.020 – Nomination and Declaration of Candidacy. (a) Any qualified person may have their name placed on the ballot for the election as a candidate for Council or Mayor by filing with the Clerk, between August 1st and August 15th, 4:30 p.m., a nominating petition with sufficient signatures and a sworn statement of his or her candidacy, on a form or forms provided by the Clerk, accompanied by the public financial disclosure statement required by KMC 1.85.010(a). If August 15th is not a regular City workday, then candidates shall have until noon on the first workday following to file their candidacy paperwork. (b) A nominating petition shall include: 1. The full name of the candidate the petitioners are sponsoring; and Page 203 Ordinance No. 3224-2021 Page 24 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 2. The full residence address of the candidate; and 3. The office for which the petitioners are nominating the candidate; and 4. The length of the term of office for which the petitioners are nominating the candidate; and 5. Certification that the petitioners’ names appear on current voter registration rolls for the City of Kenai, are qualified to vote for a candidate for elective municipal office, and have not signed any other nominating petition for the particular office the named candidate seeks. (c) No voter shall sign more than one (1) petition except that a voter may sign as many nominating petitions for Councilmembers as there are vacancies to be filled; and if a voter signs more petitions than hereby authorized, his or her signature shall be void except as to the authorized number of petitions first filed. (d) A sworn statement of candidacy and certification of qualification shall include: 1. The office for which the candidate accepts nomination; and 2. A statement that the candidate agrees to serve, if elected; and 3. A statement that the candidate is qualified for the office as provided by law; and 4. The date and signature of the candidate; and 5. Attestation and date by the Clerk; and (e) A candidate shall provide any other information the Clerk reasonably requires to determine whether the candidate is qualified for the office as provided by law. (f) Within three (3) days after the filing of the declaration of candidacy and nominating petition, the Clerk shall determine whether the nominating petition is signed by the required number of registered voters, and so notify the candidate. If insufficient, the Clerk shall return the petition immediately to the candidate with a statement as to why the petition is insufficient. Within the regular time for filing petitions and declarations of candidacy, a new petition and declaration of candidacy may be filed by the candidate. The above notice to the candidate and the return of an insufficient petition may be in person or by mail. (g) Any candidate for office may withdraw their candidacy at any time before the expiration of the time when candidates may file statements of candidacy, by filing a written notice of withdrawal with the City Clerk. 6.15.030 – Review of Candidate Qualifications. (a) In determining residence within the City, for the purposes of this chapter, the Clerk shall apply the following rules: 1. A person establishes residence within the City by: (A) Actual physical presence at a specific location within the City; and (B) Maintaining a habitation at the specific location; 2. A person may maintain a place of residence at a specific location within the City while away from the location for purposes of employment, education, military service, medical treatment or vacation if the person does not establish residency at another location; and 3. A qualified voter loses residence by voting in another City or borough or in another state's election. (b) The Clerk shall determine whether each candidate is qualified as provided by law. At any time before the election the Clerk may disqualify any candidate whom the Clerk finds is not qualified. A candidate who is disqualified may request a hearing before the Clerk. The hearing Page 204 Ordinance No. 3224-2021 Page 25 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] shall be held no later than 5 business days after the request unless the candidate agrees in writing to a later date. (c) Any person may question the eligibility of a candidate who has filed a declaration of candidacy by filing a complaint with the Clerk. A complaint regarding the eligibility of a candidate must be received by the Clerk not later than the close of business on the 10th calendar day after the filing deadline for the office for which the candidate seeks election. (d) The complaint must be in writing and include the name, mailing address, contact phone number, and signature of the person making the complaint, and a statement in 200 words or less specifying the grounds for the complaint, described in particular, on which the candidate’s eligibility is being questioned. (e) The Clerk will review only those issues cited in the complaint related to candidate qualifications established by this chapter. (f) Upon receipt of a complaint, the Clerk will review any evidence relevant to the issues identified in the complaint which is in the custody of the municipal Clerk's office including evidence provided with the complaint, the candidate's registration record, declaration of candidacy, and, in the discretion of the Clerk, any other public record. Following review of all relevant evidence in the case, and within 20 days of receiving the complaint, the Clerk will determine whether a preponderance of evidence supports or does not support the eligibility of the candidate. The process for issuing a final determination will be as follows: 1. The Clerk will send notification in writing to the candidate whose eligibility is being questioned that a complaint has been received. The notification will include a copy of the complaint, supporting relevant evidence, a statement as to whether a preponderance of evidence reviewed as of that notice supports or does not support the eligibility of the candidate, and a request that the candidate provide a sworn response statement along with any relevant supporting evidence. 2. The Clerk must also notify the challenger that all relevant evidence must be submitted within 7 calendar days of the date of the Clerk’s notice to the candidate that a complaint has been filed. If the Clerk receives additional evidence during this 7-day period, such evidence must be provided to the candidate with an opportunity to respond. Absent extraordinary circumstances, the Clerk shall not consider evidence received after the challenger’s deadline to submit evidence. 3. The candidate’s response statement and any supporting evidence must be received within 10 calendar days of the date of the Clerk’s notice to the candidate that a complaint has been filed. Absent extraordinary circumstances, the Clerk shall not consider evidence received after the candidate’s deadline to submit evidence. 4. For purposes of this section, “extraordinary circumstances” must be specified in writing, documenting a serious circumstance or event beyond the control of the individual providing the late evidence. 5. Following review of all relevant evidence in the case, and within 20 days of receiving the complaint, the Clerk will issue a final determination based on a preponderance of evidence standard for review 6. A final determination must be issued in writing within 20 days of the Clerk receiving the complaint. (g) The Clerk must send the final written decision to the person making the complaint and to the candidate. The Clerk’s decision shall be sent by certified mail and by electronic mail (email), if an email address is known. The determination of the Clerk constitutes a final administrative decision. An appeal of the Clerk’s decision shall be filed with the State of Alaska Superior Court at Kenai, Alaska in conformance with the Rules of Appellate Procedure of the State of Alaska, Part VI. 6.15.040 – Campaign Reporting. Page 205 Ordinance No. 3224-2021 Page 26 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] All candidates for elective City office shall comply with the Alaska Public Offices Commission campaign reporting requirements in Alaska Statute Chapter 15.13. 6.15.050 – Notice of Vacancy. At least ten (10) days before nominations are open for each regular or special election, the Clerk shall publish at least twice in a newspaper of general circulation, a notice of offices to be filled at the election and the procedure for filing a nomination petition and statement of candidacy for the offices. Chapter 6.20 Administration of Elections 6.20.010 – Election Notices. (a) Notice of Election. Before every City election, regular or special, the Clerk shall cause a notice of election to be published at least twice in a newspaper of general circulation. The Clerk shall also post a notice of election on the official City bulletin board and in two (2) other public places in the City limits. The posting and first publication shall occur at least 20-days before an election. Each notice of election shall include: 1. The type of election, whether regular or special; 2. The date of the election; 3. The location of the polling place(s) and the hours the polling place(s) shall be open; 4. The offices to which candidates are to be elected; 5. The subjects of propositions to be voted upon; 6. Voter qualifications and instructions for registration; and 7. Instructions for application for absentee voting. (b) Failure to publish such a notice of an election shall not affect the validity of the election or of the vote for any candidate or on any proposal; but, if caused by the Clerk, shall constitute failure to perform his or her official duties. (c) In addition to the above notice, the Clerk shall publish in full, every charter amendment, every ordinance, and every other question which is to be submitted at an election, except a referred ordinance which was published in full after passage, not more than four (4) weeks and at least two (2) weeks before the election in accordance with the City Charter, Sections 1-7(4) and 10-8. (d) Notice of Bonded Indebtedness. Before a general obligation bond issue election, the Clerk shall publish notice of total existing bonded indebtedness at least once a week for three consecutive weeks. The first notice shall be published at least 20-days before the date of the election. The notice must include: 1. The current total general obligation bonded indebtedness, including authorized but unsold bonds, of the City; 2. The cost of the debt service on the current indebtedness; and 3. The total assessed valuation within the City. 6.20.020 – Election Officials. Page 206 Ordinance No. 3224-2021 Page 27 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (a) Before each election, the Clerk, subject to approval by the Council, shall appoint an election board of at least four judges in a precinct. A judge shall be a voter of the City. The Clerk shall designate one election judge from each precinct as the chairperson, who shall be primarily responsible for administering the election in the precinct. After Council approval, the Clerk may assign additional officials if deemed necessary for proper conduct of the election. (b) All City election personnel shall be appointed without regard to their membership in any political party. (c) If any appointed election official is not able or refuses to serve, the Clerk may appoint a replacement for that official. (d) All election officials, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the State of Alaska in the manner prescribed by the Clerk. (e) Candidates shall not serve as election officials. Certain familial relationships may not exist between a candidate and an election official in regular or special elections. Those familial relationships are: 1. Mother, mother-in-law, stepmother; 2. Father, father-in-law, stepfather; 3. Sister, sister-in-law, stepsister; 4. Brother, brother-in-law, stepbrother; 5. Spouse; or 6. Person sharing the same living quarters. (e). If the Clerk knows or learns that any of these relationships exist, the election official shall be notified and replaced. 6.20.030 – Ballot Form. (a) The ballot shall be designed with the position of names of the candidates set out in the same order in each section on each ballot used in that election. However, the order of placement of the names of the candidates for each office shall be randomly determined by the Clerk. (b) The title of the office to be filled shall be followed by the printed names of the candidates for such office, below which shall be blank lines equal in number to the candidates to be elected to such office, upon which the voter may write the names of persons not listed on the ballot. The words "Vote for no more than _______" with the appropriate number replacing the blank, shall be placed before the list of candidates for each office. The names of the candidates shall be printed as they appear upon the declaration filed with the Clerk , except that any honorary or assumed title or prefix shall be omitted. However, the candidate's name appearing on the ballot may include a nickname or familiar form of a proper name. The names of candidates shall be set out in order as provided in subsection A. of this section. (c) The propositions to be voted on shall follow the candidates for office or shall be on separate ballots, as the Clerk may determine. The words "yes" and "no" shall appear below each proposition. (d) Each ballot shall bear the words "Official Ballot," and the date of the election. (e) A ballot shall be printed either on paper or on card stock as provided in this title. (f) The ballots shall be consecutively numbered. Page 207 Ordinance No. 3224-2021 Page 28 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 6.20.040 – Ballot Preparation and Distribution. (a) The Clerk shall have ballots printed for each election. The Clerk may contract for the preparation and printing of ballots without competitive bidding. (b) The Clerk shall possess the printed ballots at least 15 days before each regular election and at least 10 days before each special election. At that time, the ballots may be inspected by any candidate whose name is on the ballot, or by his or her authorized agent, and any discovered mistake shall be corrected immediately. (c) The Clerk shall arrange for delivery of ballots to each election board prior to or on the date of the election before the opening of the polls. The ballots shall be delivered in separate containers, with the number of ballots enclosed in each container clearly marked on the outside. A receipt for each package shall be taken from the election board to which it was delivered. (d) No ballots shall be taken from the precinct before the closing of the polls unless the Clerk for good cause directs that the ballots be removed. A record shall be kept by the election official of the ballots removed from the precinct. (e) The Clerk shall have sample ballots available to voters which are identical in form to the official ballot, and which are printed on colored paper and marked “sample.” Sample ballots shall be made available at all absentee in person and polling locations. 6.20.050 – Ballot Shortage (a) Under no circumstance shall a precinct close due to ballot shortage. The election board chairperson for the precinct shall monitor the ballot supply at the precinct throughout Election Day and apprise the Clerk of any projected shortage in the number of available ballots. (b) Upon being informed by an election official that there is a projected shortage of ballots, the Clerk shall promptly supply the precinct with additional printed ballots. If sufficient additional printed ballots are not available, the Clerk shall supply the precinct with copies of the original ballot marked "Alternate Ballot." 6.20.060 – Reporting Voting Information to the State. Within 60 days after each election held in the City, the Clerk shall send to the State of Alaska Division of Elections the official precinct register, questioned voter register, absentee in person voter register and special needs voting register containing the names, residence address, and the voter identification of all persons who voted in that election. Chapter 6.25 Polling Site Procedures 6.25.010 - Prohibitions. (a) During the hours that the polls are open, no election official may discuss any political party, candidate or issue while on duty. Page 208 Ordinance No. 3224-2021 Page 29 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (b) During the hours the polls are open, no person who is in the polling place or within 200 feet of any entrance to the polling place may attempt to persuade a person to vote for or against a candidate, proposition or question. Nor may any person conduct other political activities that may pertain to any future election or potential ballot proposition. For the purposes of this section, the entrance to a polling place is the entrance to the building. The election board shall post warning notices in the form and manner prescribed by the Clerk. (c) No voter may exhibit a ballot to an election official or any other person so as to enable any person to ascertain how the voter marked the ballot, except as provided in KMC 6.25.080. (d) While the polls are open no election official may open any ballot received from a voter, mark a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt to learn how a voter marked a ballot, or allow the same to be done by another person. (e) No person may leave the polling place with the official ballot that the person received to mark. 6.25.020 - Opening of Polling Place. On the day of the election, each election board shall open the polls for voting at 7:00 a.m., shall close the polls for voting at 8:00 p.m., and shall keep the polls continuously open during the time between those hours. The election board shall report to the polling place by 6:30 a.m. so that voting will start promptly at 7:00 a.m. The chair of the election board shall rotate times at which election judges, board members, and Clerks may be relieved for breaks or meals; provided, however, that at all times at least two judges from the election board are present at the polling place. 6.25.030 – Watchers. (a) Each candidate, or organized group that sponsors or opposes a proposition, may designate one person at a time to be a poll watcher in each precinct. (b) A person wishing to serve as a poll watcher shall request authorization from the city clerk no later than 5:00 p.m. the Tuesday prior to the election. The authorization must include: 1. The name of the person to act as a poll watcher; 2. The name of the candidate, group, or organization the poll watcher is representing; 3. The date of the election; and 4. The precinct the poll watcher wishes to observe. (c) The poll watcher must present authorization as defined in subsection (b) of this section to the election official upon request. The poll watcher will be provided an area to view all actions of the election board. If the poll watcher does not provide the requested authorization, an election official may require the poll watcher to leave the poll watcher area. (d) The poll watcher observing may: 1. Observe the conduct of the election; and 2. Check the polling booths after each voter to make sure campaign materials have not been left in the booth. 3. Remain in the polling place until all procedures are completed. a. Request the election board to print an additional copy of the results tape for the poll watcher. Page 209 Ordinance No. 3224-2021 Page 30 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (e) The poll watcher may not: 1. Have any duties in the conduct of the election; 2. Be allowed to touch any of the election materials; and 3. Interfere or disturb the orderly conduct of the election. (f) If the poll watcher violates this section or any regulations adopted by the city clerk, the election official may require the poll watcher to leave the poll watcher area. 6.25.040 - Ballot Box Security. Before issuing any ballots, the election board must, in the presence of any persons assembled at the polling place, open and exhibit the ballot box to be used at the polling place. The ballot box then shall be closed and not opened again or removed from the polling place until the polls have closed. 6.25.050 - Voter Register. (a) The Clerk shall order from the State of Alaska Division of Elections an official voter register showing all persons registered to vote in state elections at a residence address within the City at least 30 days before the date of the election. (b) The election board shall keep a register in which each voter's signature, residence and mailing address shall be entered before the voter receives a ballot. A record shall be kept in the register in the space provided of the names of persons who offered to vote but who actually did not vote and a brief statement of explanation. A voter's signing of the register shall constitute a declaration that the voter is qualified to vote. (c) If a person's name does not appear on the official registration list in the precinct in which the person seeks to vote, the person may vote a questioned ballot. 6.25.060 - Voter Identification. (a) Before being allowed to vote, each voter shall exhibit to an election official one form of identification, including but not limited to an official voter registration card, driver's license, passport, hunting or fishing license. (b) An election official may waive the identification requirement if the election official knows the identity of the voter. (c) A voter who cannot exhibit a satisfactory form of identification shall be allowed to vote a questioned ballot. 6.25.070 - Providing Ballot to Voter. When a voter has qualified to vote, the election official shall give the voter an official ballot. The voter shall retire to a booth or private place to mark the ballot. 6.25.080 - Questioned Voting. Page 210 Ordinance No. 3224-2021 Page 31 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (a) If the polling place of a voter is in question, the voter shall vote a questioned ballot after complying with Subsection C of this section. (b) Every election official and any other person qualified to vote may question a person attempting to vote if the questioner has good reason to suspect that the person is not qualified to vote. All questions regarding a person's qualification to vote shall be made in writing, setting out the reason that the person has been questioned. (c) Before voting, a person whose qualification to vote is questioned or whose name does not appear on the official voter register shall subscribe to an oath or affirmation on a form provided by the election official attesting to the fact that in each particular the person meets all the qualifications of a voter, is not disqualified, and has not voted in the same election. (d) A voter who casts a questioned ballot shall vote his/her ballot in the same manner as prescribed for other voters. After the election judge removes the numbered stub from the ballot, the voter shall vote the ballot then insert the voted ballot into a small envelope and put the small envelope into a larger envelope on which the statement he/she previously signed is located. 6.25.090 - Assistance to Voters. A qualified voter who cannot read, mark the ballot or sign his/her name may request an election official or not more than two persons of his/her choice assist him/her. If the election official is requested, he/she shall assist the voter. If any other person is requested, the person shall state upon oath before the election official that he/she will not divulge the vote cast by the person whom he/she assists. 6.25.100 - Spoiled Ballots. If a voter mutilates, improperly marks, spoils or otherwise damages the voter's ballot, the voter may request the election official provide another ballot upon the voter returning the damaged ballot to the election official. Without examining the spoiled ballot, the election official shall tear the ballot in half and place half in an envelope provided by the Clerk for a portion of each spoiled ballot and discard the remaining half. The election official shall then issue a new ballot of the same type to the voter. A voter may obtain a maximum of three replacement ballots under this section. 6.25.110 - Alternate ballots. If the use of alternate ballots is required as prescribed in KMC 6.20.050(b) the voter shall vote his/her ballot in the same manner as prescribed for other voters. The voter shall then place his/her voted ballot in the side compartment of the ballot box. 6.25.120 - Placing Ballots in Ballot Box. When the voter has marked the ballot, the voter shall inform the election official. The Clerk may require that the voter return the ballot to the election official temporarily so that any stub which may be part of the ballot may be removed by the election official. Any such requirement shall Page 211 Ordinance No. 3224-2021 Page 32 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] protect the secrecy of the ballot. In all cases the ballot shall be deposited in the ballot box by the voter in the presence of the election official unless the voter requests the election official to deposit the ballot. 6.25.130 - Closing of Polls. (a) Fifteen minutes before the closing of the polls, and at the time of closing the polls, an election official shall announce both the designated closing time and the actual time at which the announcement is made. Failure to make the announcement fifteen minutes before closing time shall not in any way invalidate the election or extend the time for closing the polls. After closing, no person will be allowed to enter the polling place for purposes of voting. Every qualified voter present and in line at the time prescribed for closing the polls may vote. (b) When the polls are closed and the last vote has been cast, the election board shall account for all ballots by completing a ballot statement containing, in a manner prescribed by the Clerk, the number of official ballots supplied. (c) The election board shall count the number of questioned ballots and shall compare that number to the number of questioned voters in the register. Discrepancies shall be noted on the ballot statement. 6.25.140 - Unused Ballots. The number of ballots not issued shall be recorded and then all such ballots shall be disposed of as instructed by the Clerk. The number of ballots damaged by voters and replaced by election officials shall also be recorded. The record of ballots not issued and ballots damaged shall be preserved for 30 days unless the election is contested. Chapter 6.30 Absentee Voting 6.30.010 - Administration of Absentee Voting. The Clerk shall provide general administrative supervision over the conduct of absentee voting. The Clerk shall make available instructions to absentee voters regarding the procedure for absentee voting. 6.30.020 - Eligibility. Any qualified voter may vote an absentee ballot for the precinct in which they reside and are registered. 6.30.030 - Materials for Absentee Voting. Page 212 Ordinance No. 3224-2021 Page 33 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] The Clerk shall provide ballots for use as absentee ballots; shall provide a small envelope in which the voter shall initially place the marked ballot; and shall provide a large envelope, with the prescribed voter's certificate on the back, in which the smaller envelope with the ballot enclosed, shall be placed. The Clerk shall provide the form of and prepare the voter's certificate which shall include an oath that the voter is qualified in all aspects, a blank for the voter's signature, a certification that the affiant properly executed the marking of the ballot and identified himself or herself, blanks for the attesting official or witness, and a place for recording the date the envelope was sealed and witnessed. 6.30.040 - Absentee Voting in Person. (a) A qualified voter may apply in person for an absentee ballot at the location designated for absentee voting by the Clerk during regular office hours. (b) On receipt of an application in person for an absentee ballot and exhibition of proof of identification as required in this title, the absentee voting official shall issue the ballot to the applicant. (c) The voter shall proceed to mark the ballot in secret, place the ballot in the secrecy sleeve and place the secrecy sleeve in the larger envelope in the presence of the election official who shall sign as attesting official and date of his/her signature. The election official shall then accept the ballot. (d) The election official may not accept a marked ballot that has been exhibited by an absentee voter with the intent to influence other voters. If the absentee voter improperly marks or otherwise damages the ballot, the voter may request, and the election official shall provide, him/her with another ballot up to a maximum of three. Exhibited, improperly marked or damaged ballots shall be destroyed. The number of ballots destroyed shall be noted on the ballot statement. (e) If the qualifications of the absentee voter is subject to question, the voter shall vote a questioned ballot as provided in KMC 6.25.070. (f) Each absentee voting official shall keep a record of the names and signatures of voters who cast absentee ballots before him/her and the dates on which the ballots were cast. 6.30.050 – Absentee Voting – By Mail. (a) A qualified voter may apply for an absentee ballot by mail if postmarked not earlier than the first of the year in which the election is to be held nor less than seven (7) days before an election. A voter may request their name be placed on permanent absentee by mail status. The application shall include the address to which the absentee ballot is to be returned, the applicant's full Alaska residence address, a voter identifier such as a voter number, social security number or date of birth, and the applicant's signature. (b) After receipt of an application for an absentee ballot by mail, the Clerk shall send the absentee ballot and other absentee voting material to the applicant by first class mail. The materials shall be sent as soon as they are ready for distribution. The postage paid return envelope sent with the materials shall be addressed to the Clerk. Page 213 Ordinance No. 3224-2021 Page 34 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (c) Upon receipt of an absentee ballot by mail, the voter may proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope, and to sign the voter's certificate on the back of the larger envelope in the presence of an official who shall sign as attesting official and shall date their signature. Officials recognized to attest to the veracity of signatures listed in this subsection are: a notary public, a commissioned officer of the armed forces, including the National Guard, state court judge, state court clerk, United States postal official, or other person qualified to administer oaths. If none of the officials listed in this subsection are reasonably accessible, an absentee voter shall have the ballot witnessed by a person over the age of 18 years. (d) An absentee ballot must be marked and attested on or before the date of the election. If the voter returns the ballot by mail, they shall use the most expeditious mail service and mail the ballot not later than the day of the election to the Clerk. It must be postmarked on or before midnight of Election Day and received by the Clerk no later than noon on the seventh day following the election. Ballot envelopes received after that time shall not be opened but shall be marked "invalid", with the date of receipt noted thereon, and shall be preserved with other ballots of the election. (e) The Clerk shall, as soon as practicable, make a reasonable effort to contact each absentee by mail voter, whose absentee ballot would be rejected under KMC 6.40.030(a), explain why the ballot would be rejected, and provide a reasonable opportunity, until 5:00 p.m. on the sixth day after Election Day, to cure the ballot. (f) The Clerk may require a voter casting an absentee ballot by mail to provide proof of identification or other information to aid in the establishment of their identity. (g) The Clerk shall maintain a record of the name of each voter to whom an absentee ballot is sent by mail. The record must list the date on which the ballot is mailed and the date on which the ballot is received by the Clerk and the dates on which the ballot was executed and postmarked. 6.30.060 – Absentee Voting – By Electronic Transmission. (a) A qualified voter may apply for an absentee ballot to be sent by electronic transmission. Such request must be made not less than the day immediately preceding the election. Absentee ballots will be electronically transmitted to the location designated in the application. If no location is designated, and if the request is received no later than seven (7) days prior to the election, the ballot will be mailed in the manner provided in KMC 6.30.050 for absentee ballots by mail. The Clerk will provide reasonable conditions for electronically transmitting absentee ballots. (b) A ballot electronically transmitted shall contain a copy of the ballot to be used at the election in a form suitable for transmission. A photocopy of the computerized ballot card to be used by persons voting in person at the polling place is acceptable. (c) An absentee ballot that is completed and returned by the voter by electronic transmission must: 1. Contain the following statement: "I understand that by using electronic transmission to return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible.", followed by the voter's signature and date of signature; and Page 214 Ordinance No. 3224-2021 Page 35 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 2. Be accompanied by a statement executed under oath as to the voter's identity; the statement under oath must be witnessed by one United States citizen who is 18 years of age or older. (d) The voter shall mark the ballot on or before the date of the election and may use a mail service at least equal to first class and mail the ballot not later than the day of the election to the Clerk. The ballot may not be counted unless it is received by noon on the seventh (7th) day after the election. (e) A voter who returns the absentee ballot by electronic transmission must comply with the same deadlines as for voting in person on or before the closing of the polls. (f) When a completed absentee ballot is received by electronic transmission, the Clerk will note the date of receipt on the absentee ballot application log and, if the ballot is received on Election Day, the time of receipt. The Clerk will then: 1. Remove the ballot portion of the transmission from the portion that identifies the voter; 2. Place the ballot portion in a secrecy sleeve; 3. Seal the secrecy sleeve in an outer envelope of the type used for absentee ballots returned by mail, and seal that envelope; 4. Attach the voter identification portion to the outer envelope; and 5. Forward the outer sealed envelope to the canvas board for review. (g) The Clerk shall, as soon as practicable, make a reasonable effort to contact each absentee by electronic transmission voter, whose absentee ballot would be rejected under KMC 6.40.030(a), explain why the ballot would be rejected, and provide a reasonable opportunity, until 5:00 p.m. on the sixth day after Election Day, to cure the ballot. (h) An electronically transmitted ballot shall be counted in the same manner as other absentee ballots, even though this procedure may reveal to one or more election officials the manner in which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display a telefax ballot in a manner revealing the way in which a particular voter cast his or her ballot to any person other than the Clerk, a member of the Clerk's staff, an election official in the course of his or her duties, or an attorney advising the Clerk on legal questions concerning the ballot. 6.30.070 – Special Needs Voting. A qualified voter with a disability who, because of that disability, is unable to go to a polling place to vote may vote a special needs ballot. Special needs ballots shall be issued and accounted for in accordance with the rules adopted by the state for use in state elections and in effect at the time of the local election. 6.30.080 – Prohibitions. (a) During the hours that the absentee voting locations are open, no election official may discuss any political party, candidate or issue while on duty. (b) During the hours the absentee voting locations are open, no person who is in the absentee voting location or within 200 feet of any entrance to the absentee voting location may attempt to persuade a person to vote for or against a candidate, proposition or question. Nor may any person conduct other political activities that may pertain to any future election or potential ballot proposition. The election official shall post warning notices in the form and manner prescribed by the Clerk. Page 215 Ordinance No. 3224-2021 Page 36 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (c) No voter may exhibit a ballot to an election official or any other person so as to enable any person to ascertain how the voter marked the ballot, except as provided in this chapter. (d) While the absentee voting locations are open no election official may open any ballot received from a voter, mark a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt to learn how a voter marked a ballot, or allow the same to be done by another person. (e) No person may leave the absentee voting location with the official ballot that the person received to mark. 6.30.090 - Assistance to Voters. A qualified voter who cannot read, mark the ballot or sign his/her name may request an election official or not more than two persons of his/her choice assist him/her. If the election official is requested, he/she shall assist the voter. If any other person is requested, the person shall state upon oath before the election official that he/she will not divulge the vote cast by the person whom he/she assists. 6.30.100 - Counting of Absentee Ballots. To be counted in the election, an absentee ballot must be postmarked or electronically submitted on or before Election Day and be received by the Clerk no later than noon the Tuesday following the election. Ballot envelopes received after the canvass board has completed absentee ballot counting shall not be opened, but shall be marked "invalid" with the date of receipt noted thereon. Such envelopes shall be retained with the other election records and destroyed with them as provided by the City's records retention schedule. Absentee ballot envelopes shall be examined by the canvass board who shall determine whether the absentee voter is qualified to vote at the election or whether the ballot has been properly cast. 6.30.110 - Names of Absentee Voters. The Clerk shall maintain a record of the name of each voter whom an absentee ballot is sent under this section. The record must list the date on which the ballot is mailed or provided by electronic transmission, the date on which the ballot is received by the Clerk and the dates on which the ballot was executed and, if by mail, postmarked. The record shall be available for public inspection. The absentee voting officials shall provide the Clerk the names and addresses of those persons who voted or attempted to vote absentee in person. Chapter 6.35 Ballot Counting Procedures. 6.35.010 – Commencement of Ballot Count. (a) For counting of paper ballots, when the polls are closed and the last vote has been cast, the election board shall immediately proceed to open the ballot box, separate the questioned ballot envelopes from other ballots and then proceed to count the votes cast. In all cases the election board shall cause the count to be continued without adjournment until the count is complete. The Clerk may authorize the appointment of counters to assist in the counting of Page 216 Ordinance No. 3224-2021 Page 37 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ballots. Before undertaking the duties of the office, each counter shall subscribe to an oath to honestly, faithfully, impartially and promptly carry out the duties of the position. An election judge may administer the oath. If an appointed counter fails to appear and subscribe to the oath at the time designated by the Clerk, the election board may appoint any qualified voter to fill the vacancy. (b) In optical scan or other computer-read precincts, when the polls have closed and the last vote has been cast, the election board shall immediately transmit election results to the Borough Clerk following the written instructions provided to each precinct. Once the election results have been transmitted, the election board shall open the ballot box, separate questioned and write-in ballots from other ballots cast, place all ballots in the tamper proof containers provided, and proceed with the ballot accountability and poll closing procedures provided by the Clerk. 6.35.020 – General Procedure for Ballot Count. (a) The election supervisor may issue rules prescribing the manner in which the precinct ballot count is accomplished so as to assure accuracy in the count and to expedite the process. The election board shall account for all ballots by completing a ballot statement containing: 1. The number of official ballots received; and 2. The number of official ballots voted; and 3. The number of official ballots spoiled; and 4. The number of official ballots unused and destroyed. (b) The board shall count the number of questioned ballots and shall compare that number to the number of questioned voters in the register. Discrepancies shall be noted and the numbers included in the certificate prescribed by the election supervisor. (c) When hand counting ballots, the election board shall count the ballots in a manner that allows watchers to see the ballots when opened and read. No person handling the ballot after it has been taken from the ballot box and before it is placed in the envelope may have a marking device in hand or remove a ballot from the immediate vicinity of the polls. (d) Ballots may not be counted before 8:00 p.m., local time, on the day of the election. 6.35.030 – Rules for Counting Hand-Marked Ballots. (a) The election officials shall count hand marked ballots according to the following rules: 1. A voter may mark his or her ballot with a cross mark, “X” mark, diagonal, horizontal or vertical mark, solid mark, star, circle, asterisk, check or plus sign using the parking device provided at the polling place or with any black-inked marker. The marks will be counted only if they are clearly spaced in the square opposite the name of the candidate the voter desires to designate. 2. A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot. 3. If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked. 4. If a voter marks more names than there are persons to be elected to the office, the votes for candidates for that office shall not be counted. Page 217 Ordinance No. 3224-2021 Page 38 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 5. The mark specified in subsection 1 of this section shall be counted only if it is substantially inside the square provided, or touching the square so as to indicate clearly that the voter intended the particular square marked. 6. Improper marks on the ballot shall not be counted and shall not invalidate marks for candidates properly marked. 7. An erasure or correction invalidates only that section of the ballot in which it appears. (b) The rules set out in this section are mandatory and there shall be no exceptions to them. A ballot may not be counted unless marked in compliance with these rules. 6.35.040 – Write-in Votes. (a) Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot. (b) In order to vote for a write-in candidate, the voter must write a candidate's name in the space provided and, in addition, mark the square opposite the candidate's name in accordance with KMC 6.35.030(a). Stickers may not be used. Use of stickers can cause that portion of the ballot to be invalidated. (c) Write-in votes shall only be tabulated by person if the total number of write-in votes for an office exceeds the smallest number of votes cast for a candidate for that office whose name is printed on the ballot. 6.35.050 – Disqualified Candidate. Votes cast for a candidate who is disqualified shall not be counted for any purpose. 6.35.060 – Tally of Votes. Tally of votes cast by paper ballots. The Clerk shall issue instructions and shall provide forms and supplies for the tally of votes cast by paper ballot so as to assure accuracy and to expedite the process. The election board shall canvass and count the votes according to the rules for determining marks on ballots prescribed in KMC 6.30.030. The election board shall canvass the ballots in a manner that allows watchers to see the ballots when opened and read. No person handling the ballot after it has been taken from the ballot box and before it is placed in the envelope for delivery to the election supervisor may remove a ballot from the immediate vicinity of the polls or have a marking device in hand. 6.35.070 – Completion of Ballot Count. When the tally of hand counted ballots is completed, and in no event later than the day after the election, the election board shall make a certificate in duplicate of the results. The certificate includes the number of votes cast for each candidate, for and against each proposition, yes or no on each question, and any additional information prescribed by the election supervisor. The election board shall, immediately upon completion of the certificate or as soon thereafter as the local mail service permits, send in one sealed package to the election supervisor one copy of the certificate and the register. In addition, all ballots properly cast shall be mailed or hand delivered Page 218 Ordinance No. 3224-2021 Page 39 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] to the election supervisor. The package shall clearly indicate the precinct from which it came. To assure adequate protection the election supervisor shall prescribe the manner in which the ballots, registers and all other election records and materials are thereafter preserved, transferred and destroyed. 6.35.080 – Other Ballot Counting Systems. Nothing in this title prohibits the use of other ballot counting systems which have been approved for use in state or borough elections. The election supervisor, subject to any further approval as may be required by law, may prescribe rules for the use of these systems or may adopt such rules, regulations and procedures as have been adopted by the state for use in state elections or adopted by the borough in borough elections. Chapter 6.40 Canvassing and Certification of Election Results. 6.40.010 – Canvass Board. (a) Pursuant to the provisions of Section 10-9 of the Charter of the City of Kenai, there is hereby established a Canvassing Board for the canvassing of all City elections; regular and special, and to ascertain and declare the results thereof, as follows: (1) The City Clerk is hereby designated as the Chair of the Canvassing Board. (2) The Canvassing Board shall consist of the City Clerk and up to five (5) additional judges selected from among the qualified voters of the City. In the event any such appointed member of the Board is absent from the City, ill, or otherwise unable to attend at the time set for canvassing the ballot, the City Clerk is hereby authorized to appoint another election judge from the same precinct to substitute for the appointed member. (b) All members of the election canvass board, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the State of Alaska in the manner prescribed by the Clerk. 6.40.020 – Canvass of Returns. (a) The canvassing board shall meet on the Tuesday following each election, the election canvass board shall meet in public session and canvass all election returns. In full view of those present, the election canvass board shall judge the applicability of by mail and absentee ballots, shall open and tally those accepted, and shall compile the total votes cast in the election. The canvass of the ballot vote counted by the precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct's certificate of results. All obvious errors found by the election canvass in the transfer of totals from the precinct tally sheets to the precinct certificate of results shall be corrected by the canvass board. A mistake which has been made in precinct returns that is not clearly an error in the transfer of the results from the tallies to the certificate of results empowers the canvass board to recommend a recount of the results of the precinct or precincts for that portion of the returns in question. Upon completion of the canvass, the canvassing board shall prepare a final certificate of the results of votes cast by absentee ballot and of votes cast by mail Page 219 Ordinance No. 3224-2021 Page 40 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ballot, and shall prepare a written report of the results. (b) The Clerk, as chair of the canvassing board, shall report the results of the election to the Council at the next regular Council meeting following the meeting of the canvassing board. 6.40.030 – Procedures for Handling Questioned Ballots. The canvass board by majority vote may refuse to accept the question and count the ballot of a person properly questioned. If the ballot is refused, the Clerk shall return a copy of the statement questioning the ballot to the voter, and shall enclose all rejected ballots in a separate envelope with statements of the basis for the question. The envelope shall be labeled with "rejected ballots" and shall be preserved with other voted ballots. If the ballot is not refused, the large envelope shall be opened; the smaller inner envelope shall be placed in a container and mixed with other absentee ballot envelopes or, in the case of counting questioned ballots, with other questioned ballot envelopes. The mixed smaller envelopes shall be drawn from the container and opened, and the ballots shall be counted according to the rules for determining properly marked ballots. 6.40.040 – Voters Not on Official Registration List. A person whose registration has been canceled under AS 15.07.130(b) shall not have their ballot counted. 6.40.050 – Certification of the Election Results. (a) At the next regular Council meeting following the meeting of the canvassing board, the Council shall meet in public session to receive the report of the Canvass Board. If, after considering the report, the Council determines that the election was validly held, the election shall be certified by majority vote and entered upon the minutes of the meeting, together with the total number of votes cast for each candidate and for or against each proposition or question. (b) If the canvass board reports that a failure to comply with provisions of state law and City ordinances, or an illegal election practice has occurred, and that such failure is sufficient to change the outcome of the election, then the Council may exclude the votes cast in one or more precincts where such failure or illegal practices occurred from the total returns, or may declare the entire election invalid and order a new election. (c) If the canvass board reports an apparent discrepancy in the returns of one or more precincts, the Council may order a recount of votes cast in said precinct or precincts. Such recount shall be conducted immediately by the canvass board and the results shall be reported to the Council. The Council shall meet as soon as possible to certify the results of the election recount. (d) Upon certification of a valid election, the Clerk shall deliver to each person elected to office a certificate of election, signed by the Clerk and authenticated by the seal of the City, in accordance with City Charter, Section 10-9. Chapter 6.45 Election Recount. 6.45.010 – Recount Application. Page 220 Ordinance No. 3224-2021 Page 41 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (a) Any defeated candidate or any ten (10) qualified voters, who believe that a mistake has been made by an election official or by the canvass board in counting the votes in any election, may make an application in writing to the Clerk for a recount of the votes for any particular office or on any particular question. The application must be filed in the office of the City Clerk within twenty- four (24) hours, excluding any Saturday, Sunday, or holiday after the Council certifies the results of the vote being questioned. In case of a tie vote between two (2) or more candidates, to which only one candidate is to be elected, the Clerk shall initiate a recount. (b) The application shall include a deposit in cash or by certified check for the amount listed in the most current City of Kenai Schedule of Rates, Charges and Fees. The deposit shall be applied against any costs incurred or refunded if there is no liability for recount costs. (c) A recount application shall state in substance the basis of the belief that a mistake has been made and shall identify the particular precinct, office, proposition or question for which the recount is to be held and shall state that the person making the application is a candidate or that the ten persons making the application are qualified voters. The candidate or person making the application shall designate by full name and mailing address two persons who shall represent the applicant during the recount. Any person may be named representative, including the candidate or any person signing the application. Applications by ten qualified voters shall also include the designation of one of the number as chairman. The candidate or persons making the application shall sign the application and shall print or type their full name and mailing address. 6.45.020 – Date of Recount – Notice. (a) If the Clerk determines that the application is substantially in the required form, the Clerk shall fix the date of the recount to be held within forty-eight (48) hours, excluding any Saturday, Sunday, or holiday, after the receipt of an application requesting a recount of the votes in a City election after it has been initiated under KMC 6.45.010. (b) The Clerk shall give the recount applicant and other directly interested parties notice of the time and place of the recount by telephone or electronic transmission. 6.45.030 – Procedure for Recount. (a) If a recount of ballots is demanded, the Clerk shall appoint a recount board of four or more qualified voters to conduct the recount of ballots or those precincts cited in the application for recount. (b) In conducting the recount, the recount board shall review all ballots to determine which ballots or parts of ballots, were properly marked and which ballots are to be counted in the recount, and shall check the accuracy of the original count, the precinct certificate, and the review. For administrative convenience, the Clerk may join and include two or more applications in a single review and count of votes. The rules governing the counting of marked ballots shall be followed in the recount. (c) The ballots and other election materials shall remain in the custody of the Clerk during the recount and the highest degree of care shall be exercised to protest the ballots against alteration or mutilation. The recount shall be completed within ten (10) days. 6.45.040 – Certification of Recount Result. Page 221 Ordinance No. 3224-2021 Page 42 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Upon completion of the recount, the recount board shall meet and adopt a report of the results of the recount for submission to the Council. The Council shall abide by procedures for issuing a certificate of the election as set forth in this title. The Clerk shall promptly issue another election certificate if a change in the results requires it. 6.45.050 – Return of Deposit and Apportionment of Expenses Upon Recount. If, upon recount, a different candidate or position on a proposition or question is certified or if the vote on recount is four percent (4%) or more in excess of the vote originally certified for the candidate or position on a proposition or question supported by the recount application, the entire deposit shall be refunded to the recount applicant; otherwise, it shall be placed in the general fund of the City. If this section does not require that the entire deposit be refunded, the Clerk shall refund any money remaining after the cost of the recount has been paid from the deposit. If it is determined that the contestant shall bear the costs of the recount pursuant to this section, and the deposit is insufficient to cover the costs, the City may recover the excess costs from the contestant. If the recount is obtained by voters, each of them shall be individually liable for the whole amount of such expense. 6.45.060 – Appeal to the Courts After Recount. Any candidate or a majority of the persons who requested a recount who have reason to believe that an error has been made in the recount involving any candidate or question, may appeal to the Superior Court in accordance with applicable court rules governing appeals in civil matters. The filing of the appeal and the proceedings shall be, as nearly as may be, as in case of such an appeal made after a recount in a State election. Chapter 6.50 Contest of Election. 6.50.010 – Grounds for Election Contest. A candidate or any ten (10) qualified voters of the City may contest the election of any person or the approval or rejection of any question or proposition upon one or more of the following grounds: (a) Malconduct, fraud or corruption by an election official sufficient to change the result of the election; (b) The person elected is not qualified under law or ordinance; or (c) Existence of a corrupt election practice, as defined by the laws of the State of Alaska, sufficient to change the result of the election. 6.50.020 – Contest Procedure. (a) Notice of contest of an election shall be submitted in writing to the Clerk before five (5) o’clock p.m. on the day of the certification of the election or to the Council at its meeting to certify the election returns. The notice of contest shall specify the election being contested, the grounds of the contest, and shall bear the notarized signatures of the candidate or qualified voters bringing the contest. The notice shall be in substantially the following form: NOTICE OF ELECTION CONTEST Page 222 Ordinance No. 3224-2021 Page 43 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] The undersigned contest the regular (or special) election of the City of Kenai held on the _____ day of __________________. The grounds for the contest are as follows: Signature and date (Notarization) (b) Upon receiving a notice of contest, the Council shall order an investigation be conducted by the Clerk and City Attorney. Those contesting the election, those whose election is contested, and the public shall be allowed to attend all investigation and recounting proceedings. (c) If the contest involves the eligibility of voters, the Council shall direct the Clerk to recheck the most current state registration lists. After considering the reports of the investigating officials and any other proof, the Council shall determine whether any illegally cast votes could have affected the election results. If they could not have, the Council may so declare and determine the election valid and certify the results pursuant to this title. (d) If the contest involves other prohibited election practices which are shown to have taken place, the Council, in certifying the election returns, shall exclude the vote of the precincts where such practices occurred. If it is determined that such exclusion could not affect the election results, the Council shall declare the election valid and certify the results pursuant to this title. (e) The contestants shall pay all costs and expenses incurred in a recount of an election as provided by KMC 6.45.010. 6.50.030 – Appeal or Judicial Review. A person may not appeal or seek judicial relief of an election for any cause or reason unless the person is qualified to vote in the City, has exhausted all administrative remedies before the Council, and has commenced within ten (10) days after the Council has finally declared the election results, an action in the superior court. If an action under this section is not commenced within the ten-day period, the election and the election result shall be conclusive, final, and valid in all respects. Chapter 6.55 Special Elections. 6.55.010 – Voting by mail—Ballots—Ballot review—Ballot envelopes. (a) The Clerk may conduct a special election by mail. (b) When the Clerk conducts a special election by mail, the Clerk shall send a ballot to each person whose name appears on the official voter registration list prepared under Alaska Statute 15.07.125 for that election. The ballot shall be sent to the address stated on the official registration list unless the voter has notified the Clerk in writing of a different address to which the ballot should be sent. The Clerk shall send ballots by first class, nonforwardable mail no less than 22 days before the election. (c) The Clerk shall review ballots voted under this section under procedures established for the review of absentee ballots. (d) There shall be a small blank envelope and a return envelope supplied to each by-mail voter. The return envelope shall have printed upon it an affidavit by which the voter shall declare his/her qualifications to vote, followed by provision for attestation by a person qualified to Page 223 Ordinance No. 3224-2021 Page 44 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] administer oaths or one attesting witness who is at least 18 years of age. Specific instructions for voting a by-mail ballot and a list of the appointed absentee voting officials, their hours and locations, will be mailed to each voter with the ballot. 6.55.020 - Casting ballots. (a) Upon receipt of a mail-in ballot, the voter shall cast their ballot in the manner specified in KMC 6.30.050. If the ballot is cast in the Clerk's office, the Clerk shall retain it for delivery to the Canvassing Board. If the ballot is cast in another location, the voter shall return it by mail to the Clerk immediately for delivery to the Canvassing Board. (b) A voter who does not receive a mail-in ballot may cast their ballot in person as specified in KMC 6.30.040. (c) A voter may return the mail-in ballot to the City Clerk as provided in KMC 6.55.040. (d) The Clerk shall immediately make a reasonable effort to contact each voter, whose absentee ballot would be rejected under KMC 6.40.030, explain why the ballot would be rejected, and provide a reasonable opportunity, until 5:00 p.m. on the sixth day after Election Day, to cure the ballot. 6.55.030 - Notice of election—Election date—Public notice. (a) The notice of election calling for the election must state that the election is to be conducted by mail and that there will be no polling place open for regular in-person voting on election day. In a by-mail election, Election Day is the deadline by which a voter's ballot must be received by the Clerk. (b) For each election conducted by mail, the public notice posted in each precinct and the notice published in newspapers of general circulation in the area of the election jurisdiction will include the information specified in KMC 6.20.020. 6.55.040 - Absentee voting official—Duties. (a) The City Clerk, or designee, shall act as absentee voting official. The Clerk shall supply adequate voting supplies and ballots to the absentee voting officials. The Clerk shall provide moderate compensation to the absentee voting official to cover added expenses of the administration of this service, which shall be agreed to by the absentee voting official. (b) The duties of the absentee voting officials shall be as follows: 1. Provide absentee voting in person on any date including the day of the election following the procedures in KMC 6.30.040 and special needs voting on any date including the day of the election following the procedures in KMC 6.30.070; and 2. Sign a voter's by-mail oath and affidavit envelope as an authorized attesting official, except that the absentee voting official may not attest his/her own ballot; and 3. Accept receipt of a by-mail voter's hand-delivered ballot, which has been sworn to, attested and sealed in the by-mail return envelope; and 4. Provide general voter assistance, including but not limited to, assistance to a qualified voter who cannot read, mark the ballot, or sign his/her name, and providing Page 224 Ordinance No. 3224-2021 Page 45 of 45 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] replacement ballots to voters who have improperly marked or damaged their ballots; and 5. Date-stamp all ballots received; and 6. Provide for the security and safekeeping of all ballots received and present those ballots to the Clerk for canvassing. The Clerk will specify the means of returning the voted ballots and all other election supplies to the City. 6.55.050 - Storing ballots. The Clerk shall provide for the secure storage of the mail-in ballots received from the voters and by-mail officials until the date set by the Clerk for counting of ballots. 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 this ordinance shall take effect on January 1, 2022. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 2021. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Introduced: July 7, 2021 Enacted: August 4, 2021 Effective: January 1, 2022 Page 225 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: June 28, 2021 SUBJECT: Ordinance No. 3224-2021 Because the City has traditionally collaborated with the Kenai Peninsula Borough (KPB) on the administration of the annual regular municipal elections and is considering entering into a Memorandum of Agreement (MOA) to memorialize that collaboration along with utilizing KPB’s new equipment, to include ADA Accessible equipment, and no longer using State election equipment, I felt it was in the best interest of the City to re-write our election code, Title 6, to align our election practices with the Borough’s. This ordinance also makes the following policy changes: 1) Incorporate the opportunity for absentee voters who can, to cure their envelope in what would have previously been a rejection situation. This feature was appreciated during the work session in June 2020 when considering a vote by mail method of voting and seeks to include as many ballots as possible instead of to reject them. 2) Makes the clarification that the Clerk determines qualifications of candidates (Charter provides that Council determine qualifications of its members which would be after election). This matches KPB, Soldotna, and the Municipality of Anchorage. 3) Adds a process for determining qualifications of candidates which matches KPB and Municipality of Anchorage. This provides for an administrative process without the person getting elected, Council having to conduct the process, and leaving a vacancy for Council to appoint. 4) Amends the retention for election records. I recommend retaining for one year instead of the three and four years currently required due to the personally identifiable information included in these records. Election contests and appeals must be brought within ten days of certification so the records will certainly be available for those actions. One year is consistent with KPB. 5) Provides a timeline for adoption of legislation to place a proposition on a ballot which coincides with KPB. This has been our practice in order for us to collaborate with the KPB, this spells it out in code. 6) Requires publication of a notice of voter registration as a reminder to voters to update their registration; this has been past practice and will be added to code. 7) Requires compliance with APOC requirements for campaign reporting. This has been past practice to notify the candidates of their requirement; now it will be in code. Page 226 Page 2 of 8 8) Requires a public notice announcing vacancies for offices to be filled at the election and procedures for filing. This is consistent with past practices. 9) Requires noticing of bonded indebtedness before a General Obligation Bond election. This is consistent with KPB, Soldotna, and Municipality of Anchorage noticing requirements. 10) Spells out requirements for ballot form consistent with KPB given the likely transition to utilizing their equipment instead of the State’s. 11) Reporting voter information to the State. This has also been a past practice. 12) Added clarifications to poll watchers; this is consistent with State policy and Fairbanks North Star Borough. The above additions and addressing our ADA needs provides value added to our election processes in a way that honors the wishes of the majority of the voters. Following is a section by section analysis of what is proposed to be new in our election code and why, how our current election code was incorporated into this ordinance, and highlights potential policy changes. Chapter 6.05 – General Provisions. This chapter compiles the sections containing general provisions of elections. 6.05.010 – Definitions. This section is new and helps the user understand terms we regularly use in administration of elections. The definitions are consistent with state and borough law. 6.05.020 – Powers and Duties of the Clerk. This is similar to what is in current code (6.05.070); matches the Municipality of Anchorage and City of Soldotna. A new policy in this section provides that the Clerk determines whether a candidate for City office is qualified based on the qualifications provided in Charter and Title 6. City Charter provides that the Council judges qualifications of its members; this proposed code would provide for an administrative process to take place prior to a name being placed on the ballot, before a candidate becomes a member. 6.05.030 – Election Times. This section restates Charter. 6.05.040 – Votes Required for Election to Office. This section restates Charter. 6.05.050 – Preservation of Election Ballots, Papers, and Materials. This section is similar to what is in current code. A modification to the policies being proposed here is a reduction in the length of retention of registers, nominating petitions, and declarations of candidacy is from three or four years to one year. The reason is due to personally identifiable information included in these records to include dates of birth and/or social security numbers. An election contest can be brought within ten days after certification. Beyond that, we need to balance the security risk with the benefit to keeping the records. One year matches the length of time that the Kenai Peninsula Borough retains their records. 6.05.060 – Election Expenses. This section is similar to what is in current code (6.05.050). 6.05.070 – Initiative, Referendum, and Recall. This section restates charter and is similar to what is in current code (Chapters 6.20 and 6.30). Page 227 Page 3 of 8 6.05.080 – Proposition and Questions. This is a new add and coincides with the borough’s requirements for ballot preparation. Chapter 6.10 – Voter Qualifications. This chapter compiles the sections pertaining to voter qualifications. 6.10.010 – Voter Qualifications. This section fleshes out Kenai Charter and the Alaska Constitution; it is copied from AS 29.26.050 which indicates that it applies to home rule municipalities. 6.10.020 – Rules for Determining Residence of Voters. This section would be new to our code; restates Alaska Statute 15.05.020 regarding residency. 6.10.030 – Notice of voter registration. This section would be new in our code but has been our practice for several years. We publish this ad jointly with the City of Soldotna, each city publishing twice, for a total of four publications in the newspaper to reach a bigger audience. Chapter 6.15 – Filing for Office. This chapter compiles the sections pertaining to candidates filing for office. 6.15.010 – Candidate Qualifications. This section is new to code; restates charter. 6.15.020 – Nomination and Declaration of Candidacy. This section restates what is in current code (6.10.010, 6.10.020, and 6.10.030). 6.15.030 – Review of Candidate Qualifications. This section goes with the new policy that the Clerk determines qualifications of candidates. These are the rules the Clerk is to use for determining candidate qualifications and also includes a process for challenging the Clerk’s determination. These are the administrative processes mentioned in the analysis of 6.05.020 and are materially the same as KPB’s and Municipality of Anchorage’s procedures. 6.15.040 – Campaign Reporting. This section adds that candidates are to comply with APOC’s campaign reporting requirements. Our practice has been to provide the information to candidates in the candidate filing packet. Adding this section memorializes the requirement. 6.15.050 – Notice of Vacancy. This section is new to code; has been past practice for many years. Chapter 6.20 – Administration of Elections. This chapter compiles the sections pertaining to election administration. 6.20.010 – Election Notices. This section is what is in current code (6.05.100) and adds a few provisions which has been past practice (type of election, voter qualifications, and instructions for absentee voting). It also lengthens what is in current code from ten days to twenty days to provide voters ample time to navigate absentee voting, if needed. 6.20.020 – Election Officials. This section is in current code (6.05.040). 6.20.030 – Ballot form. This section spells out what the ballot needs to look like and was taken from the borough. Our current code (6.05.080(a)) says the provisions of state law should be followed; however, given we will be using KPB equipment, we should follow KPB requirements. Page 228 Page 4 of 8 6.20.040 – Ballot Preparation and Distribution. Much of this section is current code (6.05.080). Some is new in code but is current practice and aligns with KPB code. 6.20.050 – Ballot Shortage. This is new in the code. It is common in codes as a safety net and is also in State law (AS 15.15.140). 6.20.060 – Reporting Voting Information to the State. This is new in the code but has been common practice to assist with keeping voter history records accurate. Chapter 6.25 – Polling Site Procedures. This chapter compiles the sections pertaining to procedures at the polling places. 6.25.010 – Prohibitions. This was copied from KPB and City of Soldotna code and has been past practice; had been incorporated into our current code by reference (6.05.110) where it says Alaska Statues 15.15 –15.20 should be followed in conducting an election. The provisions specific to this section were AS 15.15.160 and AS 15.15.170. 6.25.020 – Opening of Polling Place. This section is new in our code and was copied from KPB, has been past practice, and should remain given the city and borough are cooperatively administering elections. 6.25.030 – Watchers. We traditionally allow for poll watchers in current code (6.05.060); this section now clarifies what poll watchers may do and provides a registration process similar to state law and Fairbanks North Star Borough. 6.25.040 – Ballot Box Security. This section is new in our code and was copied from KPB. It has been past practice in local and state elections and is a part of the instructions manuals. 6.25.050 – Voter Register. This section restates current code (6.05.080(c) and 6.05.020(a)). 6.25.060 – Voter Identification. This section restates current code (6.05.020(b)) and also State law, AS 15.15.225. 6.25.070 – Providing Ballot to Voter. This section is newly spelled out in our code; it was incorporated by reference in current code (6.05.110). The procedure has been practice. The language is similar to KPB’s code and is also in State law, AS 15.15.230. 6.25.080 – Questioned Voting. This section is newly spelled out in our code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.198 and AS 15.15.210. The procedure has been past practice and the language is similar to KPB’s code. 6.25.090 – Assistance to Voters. This section is newly spelled out in our code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.240. The procedure has been past practice and the language is similar to KPB’s code. 6.25.100 – Spoiled Ballots. This section is newly spelled out in our code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.250. The procedure has been past practice and the language is similar to KPB’s code. 6.25.110 – Alternate Ballots. This section is newly spelled out in our code. The procedure has been past practice and the language is similar to KPB’s code. Page 229 Page 5 of 8 6.25.120 – Placing Ballots in Ballot Box. This section is newly spelled out in our code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.260. The procedure has been past practice and the language is similar to KPB’s code. 6.25.130 – Closing of Polls. This section is newly spelled out in our code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.310 – AS 15.15.330 and AS15.15.350. The procedure has been past practice and the language is similar to KPB’s code. 6.25.140 – Unused Ballots. This section is newly spelled out in our code; it has been past practice in state and local elections. The language of this section is similar to KPB’s code. Chapter 6.30 – Absentee Voting. This chapter compiles the sections pertaining to absentee voting. 6.30.110 – Administration of Absentee Voting. This section is similar to current code (6.05.140). 6.30.020 – Eligibility. This section is similar to current code (6.05.140 and 6.05.150). 6.30.030 – Materials for Absentee Voting. This section is similar to current code (6.05.160). 6.30.040 – Absentee Voting in Person. This section is similar to current code (6.05.145). 6.30.050 – Absentee Voting - By Mail. A portion of this section is similar to current code (6.05.150). The remainder of it was incorporated by reference as it is in State law, AS 15.20.081. The procedure has been past practice and the language is similar to KPB’s code. 6.30.060 – Absentee Voting - By Electronic Transmission. This section is the same as current code (6.05.335). 6.30.070 – Special Needs Voting. This section is newly spelled out in our code, referencing state law. It was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.20.072. The procedure has been past practice and the language is similar to KPB’s code. 6.30.080 – Prohibitions. This section was modified the previous section specific to in person voting; they are the same prohibitions specific to absentee voting. This was copied from KPB and City of Soldotna code and has been past practice; had been incorporated into our current code by reference (6.05.110) where it says Alaska Statues 15.15 –15.20 should be followed in conducting an election. The provisions specific to this section were AS 15.15.160 and AS 15.15.170. 6.30.090 – Assistance to Voters. This section was modified the previous section specific to in person voting; it is the same assistance information specific to absentee voting. This was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.240. The procedure has been past practice and the language is similar to KPB’s code. 6.30.100 – Counting of Absentee Ballots. This section is, for the most part, in current code (6.05.120(c)). It has been adapted to match KPB code. 6.30.110 – Names of Absentee Voters. This section is new in code, has been past practice, and was copied from KPB code. Page 230 Page 6 of 8 Chapter 6.35 – Ballot Counting Procedures This chapter compiles the sections pertaining to procedures for counting ballots. 6.35.010 – Commencement of Ballot Count. This section is new in code, has been past practice, and was copied from KPB code to align with cooperative administration of elections. 6.35.020 – General Procedure for Ballot Count. This section is newly spelled out in our code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS15.15.350. The procedure has been past practice and the language is similar to KPB’s code. 6.35.030 – Rules for Counting Hand-Marked Ballots. This section is newly spelled out in our code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS15.15.360. This section provides guidance for ballots which the optical scanner or other computer read ballot was unable to read. 6.35.040 – Write-in Votes. This section would be newly spelled out in our code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.365 and AS 15.15.361. 6.35.050 – Disqualified Candidates. This section would be newly spelled out in our code; it goes along with the new policy that the Clerk determines qualifications of candidates. Because it is possible for the candidate to be disqualified after the ballots have been ordered, this section addresses not counting those votes. The language in this section is similar to KPB. 6.35.060 – Tally of Votes. This section would be new in our code. It is copied from KPB code. It gives provisions for counting ballots in the event of an equipment failure or power outage. 6.35.070 – Completion of Ballot Count. This section is newly spelled out in our code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.370. This section provides guidance for returning the completed election materials to the clerk. 6.35.080 – Other Ballot Counting Systems. This section would be new in our code. It is copied from KPB code. It gives provides for using equipment approved for use in state and borough elections. Chapter 6.40 – Canvassing and Certification of Election Results. This chapter compiles the sections pertaining to canvassing and certifying the election. 6.40.010 – Canvass Board. This section is in current code (6.05.120(a)(1&2). I’ve added that they must take an oath which is consistent with past practice and was copied from KPB code. 6.40.020 – Canvass of Returns. This section restates current code (6.05.120(b)) 6.40.030 – Procedures for Handling Questioned Ballots. This section is newly spelled out in our code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.20.207. This section provides guidance for counting or rejecting questioned ballots. 6.40.040 – Voters Not on Official Registration List. This section is newly spelled out in our code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.198. This section provides guidance for rejecting ballots of voters whose registrations have been canceled. Page 231 Page 7 of 8 6.40.050 – Certification of the Election Results. This section would be new in our code. It fleshes out Charter and was copied from KPB; it provides guidance on Council action after receipt of the report of the Canvass Board. Chapter 6.45 – Election Recount. This chapter compiles the sections pertaining to an election recount. 6.45.010 – Recount Application. This section, for the most part, is in current code (6.05.220). It has been expanded to include additional details about the recount request on the application which has been modified from AS 15.20.440 and KPB code. 6.45.020 – Date of Recount – Notice. This section is substantially the same as current code (6.05.220(c)). It adds provisions for notifying the applicant for recount and interested parties of the time and place the recount will be taking place. 6.45.030 – Procedure for Recount. This section is newly spelled out in our code and is similar to KPB code. It was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.20.480. 6.45.040 – Certification of Recount Result. This section is newly spelled out in our code and is similar to KPB code. It was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.20.490. 6.45.050 – Return of Deposit and Apportionment of Expenses Upon Recount. This section expands on current code (6.05.220(b)). It is similar to KPB code and addresses partial refunds and recovering excess costs should the recount not change the results by 4% or more. 6.45.060 – Appeal to the Courts After Recount. This section is in current code (6.05.230) Chapter 6.50 – Contest of Election. This chapter compiles the sections pertaining to an election contest and is addressed in current code (6.05.240) where guidance is to use same grounds and in the same manner, as nearly as may be, as in election contests arising out of State elections. State law has been written into this chapter of the ordinance as adapted from State law, AS 15.20.540 - 550. Also, pursuant to AS 29.26.070, which provides that governing bodies may, by ordinance, set the procedure for the contest of an election, provisions similar to KPB, Ketchikan Gateway Borough, Mat-Su Borough, and City of Soldotna, related to a local investigation process were incorporated prior to the matter being elevated to superior court. Chapter 6.55 - Special Elections. This chapter compiles the sections pertaining to a special election and is in this ordinance as it is in current code (6.05.300 – 6.05.340). To the extent possible, all current sections of code were incorporated into this ordinance while retaining the ability to share resources with the borough and attempting to improve processes and provide clarity. Sections in current code that were not incorporated in some way were: • 6.05.190 which addresses a receiving board which has traditionally been the members of the Clerk’s Office, and a data processing control board which KPB has traditionally provided for and is incorporated in the MOA considered in Resolution No. 2021-46; • 6.05.210 which speaks to computer testing which KPB has traditionally provided for and is incorporated in the MOA considered in Resolution No. 2021-46; and, Page 232 Page 8 of 8 • 6.05.250 which speaks to rules and regulations developed by the Director of Elections at the state level also applying to City elections, however, by collaborating with KPB, we should match KPB as much as possible. • 6.05.270 which addressed offenses and penalties; those offenses and penalties are addressed in state law, carry heavier penalties in state law, and we can prosecute those offenses. Your consideration is appreciated. Page 233 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: July 27, 2021 SUBJECT: Ordinance No. 3224-2021 – Title 6 Rewrite On July 7, 2021 you introduced Ordinance No. 3224-2021. Also at your July 7 2021 meeting, you authorized entering into a Memorandum of Agreement with the Borough regarding election administration. This memorandum requests the following amendment to Ordinance No. 3224- 2021. Move to insert the word authorized in the blank in fourth whereas clause. Thank you for your consideration. Page 234 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: AUGUST 18, 2021 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT CENTRAL PENINSULA HOSPITAL STRESS TESTS FIRE PROFE SSIO NAL SERVICES 4,080.00 STAMPS.COM POSTAGE NON-DEPARTMENTAL POSTAGE 3,000.00 OSHKOSH CORP. ANNUAL TRUCK INSPECTIONS SHOP REPAIR & MAINTENANCE 5,040.00 AIRPORT EQUIPMENT RENTALS EXCAVATOR RENTAL STREETS RENTALS 4,500.00 KENAI PENINSULA BOROUGH EMD & CAD LICENSES FIRE & COMMUNICATIONS REPAIR & MAINTENANCE 8,264.23 HACH COMPANY LABO RA TORY SUPPLIES WATER&WWTP OPERATING SUPPLIES 9,000.00 PENINSULA PUMPING WASTEWATER MATERIAL SEWER PROFESSIONAL SERVICES 3,000.00 ALASKA OIL SALES FLOAT PLANE FUEL AIRPORT OPERATING SUPPLIES 5,000.00 Page 235 AUGUST 18, 2021 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET: ACTION ITEM REQUESTED BY Add to item D.8. Resolution No. 2021-54 • KPB Memo • KPB Powerpoint Presentation City Manager Add to item J.1. City Manager Report • Kenai Marketing Plan FY2022 Detail City Manager Kenai Peninsula Borough Planning Department-Land Management Division TO: THRU: FROM: DATE: RE: MEMORANDUM Charlie Pierce, Mayor Melanie Aeschl iman , Planning Director ~~ Marcus Mueller, Land Management Officer //It-/I- June 15, 2021 Spruce Bark Beetle brief The impacts of Spruce Bark Beetle have reached a critical stage -in the Kenai Peninsula Borough. Many many property owners are affected and must take action on the very near term to address direct and indirect hazards of standing dead trees . Concerns are high around property damage , wildfire risk , slash handling, mitigation costs , and future forest conditions . Correspondingly , local agencies are experiencing rapidly growing levels of demand and their own sets ofresponse issues . For example , slash disposal is at an unprecedented rate within the municipal Solid Waste streams leading to sites becoming choked with slash. Budgetary gaps exist where calls for service are outside of normal scopes . At this point several new lines of service are predictable, such as hazard tree removal from rights-of-w ays , public lands , and geographically distributed slash management. While spruce bark beetle mapping has been conducted through Alaska Division of Forestry annual aerial detection surveys which confirms beetle impacts on large sections in the Kenai Peninsula Borough, a more detailed assessment and mapping that is essential for land managers to act upon has yet to be conducted. More particularly there is a high priority need for remote sensing of stand types that can be used with field data to be translated into specific treatment prescriptions or other forestry prioritization and decisions. Guiding a community through a major forest change takes its own kind of investment. In the 1990 's the Kenai Peninsula Borough had many successes working with landowners, utilities , roads , solid waste , industry and a variety of partners to address a major spruce bark beetle event on the southern Kenai Peninsula. Many lessons were learned. Today the landscape situation is very similar, though the location has shifted, and many more private properties are involved, and the timber markets are less certain. Many of the type of responses that were used in the 1990 ' s are rele v ant today , and the Kenai Peninsula Borough has the advantage of its past experience . Today it is evident that the spruce bark beetle impacts are severe and far ranging , and actions must be taken to protect our communities and to preserv e the health of our forests into the future . Page 1 of 26 Page -2- Date: June 15, 2021 To: Mayor Pierce RE: Spruce Bark Beetle Brief The Kenai Peninsula Borough has been actively engaged in sizing up the current beetle kill impacts on KPB lands , KPB operations, as well as on a community-wide level. Borough staff have reviewed information and established a network of contacts relevant to deve loping operational plans . In mid-april the administration submitted a federal request through our Senators Murkowski and Sullivan, and Representative Young, for $35million in federal support for an array of measures. The measures include: • Inventory/ Impact Assessment of Beetle Kill Areas • Public Information • Slash Management • Assistance to Private Property Owners • Salvage Harvest on KPB Lands • Technical Treatments in Critical Public Areas • Road & Utility ROW Hazard Tree Removal • Innovation, Infrastructure, and Indu stry Investments • Wildland Fire Response Capacity • Reforestation • Forest Management Planning In order to prepare for possible funding , or to pursue alternative funding sources, the administration has authorized the use of residual spruce bark beetle funds to immediately bring on three project development positions: 1) Operational Planner-Project Coordinator 2) Public Engagement & Grants Specialist 3) Forester The Operational Planner-Project Coordinator will be assigned the role of developing shovel ready project planning so that funds can readily be put into action , including the abi lity to stand up an effective organization for administering program objectives. The Public Engagement & Grants Specialist wi ll have two parallel roles as the name suggests. Public engagement will take the form of generating means to link property owners with useful informational tools in addressing beetle kill and to keep the public informed of the borough actions , and to host meetings and gather feedback important to informing program direction. The grants element of this position will focus on identifying and securing grants, and providing grant administration necessary to accomplish program objectives. The Forester will be responsible for developing a forest management plan focused on beetle kill treatment on KPB land. The forester will determine inventory measures and treatment prescriptions and will prepare timber sales, reforestation and other contracts. The initial term of these positions is estimated to be six months based on available funding with anticipation of extension based on success in receiving grant funds . Page 2 of 26 WESTERN (SPRUCE BARK) BEETLE MITIGATION-RESPONSEKENAI PENINSULA BOROUGHPage 3 of 26 WELCOME MAY 5, 2021QUICK INTRODUCTION10AM - NOONProject Advocate TeamMarcus Mueller, KPB Land Management Officer & GIS Manager 714-2204 mmueller@kpb.usTrevor Kauffman, KPB Land Management Agent- Resource Management 714-2211 trevorkauffman@kpb.usBrenda Ahlberg, KPB Community & Fiscal Grants Manager 714-2153 bahlberg@kpb.usSupported by KPB Mayor Charlie PiercePage 4 of 26 SITUATION- SPRUCE BARK BEETLE INFESTATION WIDESPREAD MORTALITY OF DOMINANT TREES ON THE FORESTED LANDSCAPE & URBAN CENTERSGeographic Extent: Central- North Kenai Peninsula, MatsuSeverity: Very High Morality, Spruce Stand Collapse, Major Forest DisturbanceImpacted Properties:All ownerships-Private, Municipal, State, Native, Refuge/federalMost land use types-Residential, Schools, Solid waste, Institutional, Parks, Public forestlands, Riparian corridors, Road right-of-ways, Electric right-of-waysPage 5 of 26 PROJECTED HAZARDSFALLINGBREAKAGELEANERSWINDTHROWJACKSTRAWFINE FUEL PROLIFERATIONFIRE SUSCEPTIBILITYFUEL LOADINGBURN PILE FIRE ESCAPESTRUCTURESYARDS & PARKSFORESTLANDSCROSS COUNTRY TRAVELPOWER LINESROADWAYSIndividual & Worker SafetyDamage to private propertyWindstorm impactsInsurance ClaimsDecreased Fire ProtectionIncreased Fire DangerPublic Access ConstraintsLimiting Hunting & Fishing AccessNon-Useable LandsCost to CureFire StartsPower Reliability IssuesTransportation Reliability IssuesProperty DevaluationPage 6 of 26 OPERATIONAL ASSETSDIY COMMUNITY MEMBERSPRIVATE CONTRACTORSPUBLIC WORKS & MAINTENANCE CREWSFORESTRY AGENCY CREWSLOGGING OPERATORSSLASH DISPOSAL FACILITIESTRANSPORTATION PROCESSING CAPACITYPORTS & LOGISTIC FACILITIESLOCAL KNOWLEDGE & EXPERTISEMARKETS, MARKETS, MARKETSPage 7 of 26 OPPORTUNITIESResource Utilization Market ExpansionIndustry Stand-upJobsWorkforce DevelopmentForest Management PlansLEGACY INFRASTRUCTURECapital- Manufacturing, Transportation, Forest Roads & CrossingsLocal Knowledge & SkillsEconomic (Analog to Fish Processing)Industry NetworkForest ProductsImport/Export InfrastructureForest Health & Fire AdaptationForest Management PlansTree NurseriesWildlife HabitatCarbonPage 8 of 26 OPERATIONAL GAPSINVENTORY STATUS- Management/Resourcing Level & Contract Scope/Task LevelsPLAN STATUS- Operational-Resource AlignmentPUBLIC ENGAGEMENT STATUS- Education & Readiness, Social acceptance around forest changeOPERATIONAL RESOURCES STATUS -(See “Opportunities”)SLASH DISPOSAL SITE DISTRIBUTION - another opportunity: eg. gravel pit ownersREFORESTATION & URBAN FORESTRY DESIGN STATUS-Value-added forest selectionsLOCAL SEEDLING STOCK – (See “Opportunities”)Page 9 of 26 LESSONS FROM SPRUCE BARK BEETLE MITIGATION VERSION 1.0WORK TOGETHERCOMMUNICATE & EDUCATE ANSWER TO PUBLIC WORK WITH PRIVATE PARTNERS & INDUSTRY, FACILITATE OPTIONSSUPPORT OPERATIONSDIRECT OPERATIONS WHERE NECESSARYUTILIZE MATERIALS WHEN POSSIBLE, DISPOSE WHEN NECESSARYINCORPORATE NEW INFORMATION, CONTINUALLYSBB V1 Legacy Reports, Tactics, Prescriptions, & PartnershipsPage 10 of 26 A $35 MILLION REQUEST FOR FEDERAL ASSISTANCEIn Mid-April 2021, a request was made by KPB through our federal delegation for appropriation in the amount of $35 Million to address the current beetle kill situation in the Kenai Peninsula Borough.A good faith effort was made to estimate programmatic needs to address a range of efforts to inventory, plan, provide assistance, conduct operations, promote utilization, manage slash, reinforce hazard & fire response mechanisms, deliver education, and promote reforestation across multiple ownerships for substantial mitigation of beetle kills stands in the Kenai Peninsula Borough.Page 11 of 26 STEPPING BACK TO GATHER TOGETHERKPB seized an opportunity to submit a request to respond to an emergent situation (that is beyond existing borough capacity).We recognize this need to step back and solicit input in several areas critical to success and to avoid assumptions:Page 12 of 26 1)Do you as property owners and managers see beetle kill as a priority situation that requires action(s)?2)Do you have the resources that you need to effectively address your own beetle kill situations?3)What capabilities and actions do you already have in place to address beetle kill concerns and opportunities?Page 13 of 26 4)What other resources do we have within the community and through private enterprise to effectively address the beetle kill situation across the landscape, including your specific interests?5)Do you as resource managers and industry leaders see opportunities from the supply of spruce materials or the work to be done?6)Do you have a vision of what our beetle impacted lands will look like in 5, 10 or 20 years?Page 14 of 26 7) Are you willing and able to join in an effort, do you have a piece in this work or benefit?8) Is the borough the right place to coordinate landscape level beetle response programming and sub-granting? 9) Do you support the borough moving in this direction?10)How would a new generation of beetle mitigation efforts look similar to or different from those conducted in the 1990’s?11) Are proposed initial funding levels adequate to address needs?Page 15 of 26 Page 16 of 26 STATUSEstimations used to make the request are without detailed plans or specific coordinationKPB does not have a standing SBB organizationKPB does not assume it knows what capabilities and actions you already have in place to address beetle kill concerns and opportunities, or what your vision is for the future of our forested lands and urban centersKPB cannot assume that you want to join in effortPage 17 of 26 KPB’S NEAR TERM ACTIONSDirected to hire 3 roles to preposition in preparation of funding, and to develop what we can do immediately1) PROGRAM OPERATIONAL PLANNER-to initiate coordination and create playbooks (IAP)11) PUBLIC ENGAGEMENT SPECIALIST-to gather and disseminate information and education – news that can be used111) PROFESSIONAL FORESTER-to initiate emergency timber harvest protocols on KPB landsPage 18 of 26 GUIDING A COMMUNITY THROUGH FOREST CHANGE2021 Spruce Bark Beetle Response - Funding Proposal Kenai Peninsula BoroughCategorySubcategorySpatial Scale/ OwnershipTimeframe/ Duration Total Costs (thousands)Page 19 of 26 Forest Management Plan UpdateContract Forester Consultation KPB Lands 2 years $150Interagency PartnershipBorough‐wide 3 year $60Impact Assessment/ IdentificationRemote Sensing/ AnalysisBorough‐wide 1 year $100Site‐level survey/ markingKPB Lands 2 years $300Public InformationOutreach/ EducationBorough‐wide 5 years $500Slash ManagementKPB SitesBorough‐wide 5 years $1,500Solid WasteBorough‐wide 5 years $1,000InnovationBorough‐wide 3 years $500Wildland Fire Response Capacity BuildingEquipment/ Training for FD'sBorough‐wide 5 years $1,200Firecrew prepositioning/ project work Borough‐wide 5 years $1,500Utility ROW ClearingAssistance with severe problem areas Borough‐wide 5 years $1,000Roads MitigationHazard tree removalBorough‐wide 5 years $1,000Industry Incentives/ Economic DevelopmentForest products manufacturing incentives5 years$5,000Shipping/ Transport/ Logistics support5 yearsPrivate Landowner AssistanceFirewise Cost‐shareBorough‐wide 5 years $6,000Home AssessmentsBorough‐wide 5 years $250Direct AssistanceBorough‐wideSeedlingsBorough‐wide 10 years $5002021 FUNDING PROPOSALPage 20 of 26 Municipal Partners/ Pass ThroughResource sharing with cities KPB cities 5 years $1,500local project funding KPB cities 5 years $400KPB LandsInventory KPB Lands 1 year $20Harvest Infrastructure KPB Lands 2 years $2,500Salvage Harvests KPB Lands 5 years $250Marketing/ Consultation KPB Lands 2 years $50Maintenance/ Facilities/ Equipment KPB Lands 5 years $600Technical Treatments (contracted) KPB Lands 5 years $1,500ReforestationResearch Study (university collab) Borough‐wide 2 years $150Seed Collection Borough‐wide 2 years $100Propagation Borough‐wide 10 years $1,500Site Prep KPB Lands 10 years $750Planting KPB Lands 10 years $750Programmatic Administration/ Staff (mini Incident Management Team)Program Manager Borough‐wide 5 years $800Grant Administrator Borough‐wide 5 years $600Forester Borough‐wide 10 years $1,200Field Techs Borough‐wide 10 years $700GIS Analyst Borough‐wide 5 years $600Administrative Assistant Borough‐wide 5 years $5002021 FUNDING PROPOSAL- continuedPage 21 of 26 WHAT DOES SUCCESS LOOK LIKE?TIMELY AND SAFELY REMOVING DEAD AND DYING SPRUCE IN IMPACTED AREAS OF THE KENAI PENINSULA BOROUGH TO AVOID HAZARDS, ACROSS MULTIPLE OWNERSHIPSUTILIZATION OF VALUABLE MATERIALS TO MARKETS WHERE POSSIBLEPROPERTY OWNERS ADEQUATELY RESOURCED TO ADDRESS INDIVIDUAL SITUATIONSEFFECTIVE AND EFFICIENT USE OF COMMON RESOURCES, WITH ACCOUNTABILITYWALKABLE FORESTS; FRIENDLY TO HUMANS, WILDLIFE AND FIRE PROTECTION MEASURESHEALTHY NEW FORESTS AND PROTECTED WATERSHEDSRESILIENT COMMUNITIES WITH POSITIVE LANDSCAPE RELATIONSHIPSDIVERSIFIED ECONOMY WITH CAPABLE WORKFORCEINCREASED LEVELS OF WILDFIRE PROTECTIONPage 22 of 26 LET’S TAKE A MOMENT FOR QUESTIONS THAT YOU AND OTHERS MAY HAVEUp Next: Trevor Kauffman for some additional comments and prepared questions we have for youPage 23 of 26 Page 24 of 26 Marketing Component Description Details / Notes Kenai Cost Video / Photo Shoots Develop more photos & videos for marketing Summer 2021 Video Shoot $7,500 20 short videos / showcase life & travel in Kenai Winter 2022 Video Shoot Music I LOVE KENAI Implement more City of Kenai & Chamber Website Design (Improvements)Updates & Feature Development $30,300 messaging, coordinate efforts to promote Website Maintenance / Hosting Support of website City of Kenai for locals & business owners Content Creation Blogs / Copywriting / Announcements Social Media Management Organic Content Creation (all platforms) : Facebook, Instagram, Pinterest, YouTube Business Marketing Expand outreach & messaging to business Direct to Business Marketing Research, strategy, consulting $12,000 owners within City of Kenai and those Advertising, direct outreach looking to relocate to Kenai Initiatives: Old Town Kenai, Millennium Park Storefront Restoration, City of Kenai Lands Municipal Park System Best Place to ALASKA Campaign Relocation / Travelers Marketing Advertising (Budget Distibution TBD)Campaign to include:$30,000 Online Video Ads Online Display Ads Geofencing / Contextual Targeting Visitor Guide Ad (Airport)$750 July 2021 - June 2022 Page 25 of 26 Design Services / Event Promotions* $7,500 Travel / Expenses Fall 2021 Airfare, Accomodations, Expenses $5,000 Spring 2022 Airfare, Accomodations, Expenses $5,000 $98,050 *City of Kenai supported events: Pumpkinfest Christmas Comes to Kenai Return of the Reds Kite Festival Eagle Cam Kenai Silver Salmon Derby Page 26 of 26 8/18/21 K E N A I C I T Y C O U N C I L Industry focused infrastructure & resiliency in transportation, infrastructure, mitigation & responsible use of lands INFRASTRUCTURE & LAND USE Kenai Peninsula Goals: Quality of Life Expand broadband access across the Borough TECHNOLOGY & COMMUNICATION Industry partnerships & vo-tech to attract, retain & train a qualified workforce WORKFORCE & HUMAN CAPITAL Outreach, education & information sharing with government support of businesses BUSINESS CLIMATE & ENTREPRENEURSHIP Coordinate with industries, municipalities, communities & non-profits REGIONAL PARTNERSHIPS C U L T I V A T I N G A N D M A I N T A I N I N G O U R C U R R E N T R E L A T I O N S H I P S o Alutiiq Pride Mariculture Expansion Project o Alaska Fish Nutrition Funding Development o City of Soldotna Waterfront Development Project o City of Homer Erosion Mitigation Project o Alaska Farm Bureau o City of Kenai Bluff Erosion o Kenai Peninsula Borough Assembly and Administration o Incorporated leadership o Unincorporated communities o Regional Tribal organizations o City of Seward Flood Mitigation o City of Seldovia Funding Development AK CARES resource, advocate and educator Kenai Peninsula Workforce Development District Website Manufacturing Extension Program Partnership Video Dedicated KPEDD YouTube Channel Economic Resiliency Program Revolving Loan Program through EDA Existing Microloan Program supporting Kenai Peninsula businesses State ARDOR coalition and advocacy U.S. Census coordination and implementation Kenai Peninsula Comprehensive Economic Development Strategy – outreach, development, draft and finalization KPEDD RESOURCES AND PROJECT ADVANCEMENT K P E D D 'S F Y 2 2 P R O J E C T S Broadband Expansion Project Implementing the American Rescue Plan Economic Resiliency Plan New Loan Program Erosion Projects Manufacturing Extension Program Comprehensive Economic Development Strategy Red Mountain Road Rebuild Alutiiq Pride ARDOR Coordination Regional Infrastructure Projects Community Funding Identification Assistance for Borough-Wide Businesses LED Lighting Replacements Heating Fuel Conversion HVAC Upgrades Window Replacements Who is Eligible? Small businesses, including owners and operators of office buildings, stores, restaurants, lodges, and warehouses in Alaska (outside of Anchorage). Higher Efficiency Appliances Insulation and Air Tightening Sign up at: swamc.org/2021- programs/energy-audit or contact energy@swamc.org or (907) 450-2456 to learn more Targeted audits can focus on energy savings from: Save $$$ On Energy Costs With An Energy Audit. Invest In Your Business! Upgrade your Commercial Fishing Vessel USDA GrantFunding Available T O R E G I S T E R A N D F O R M O R E I N F O R M A T I O N : Email energy@swamc.org Call Jamie Hansen at (907) 450-2456 Visit www.swamc.org/programs/energy-audit W H O 'S E L I G I B L E F O R L O W - C O S T E N E R G Y A U D I T S ? Commercial fishers who live or dock in rural Alaska are eligible for the audits and USDA grant. W H A T I S A T A R G E T E D E N E R G Y A U D I T ? Refrigeration upgrades- including RSW systems LED lighting Hold zoning; and more You tell us! Targeted audits identify energy savings and cane focus on savings from installing:H O W M U C H D O E S A N A U D I T C O S T ? *costs are for reference only Over the last several years... What happened? What did we learn? Economic Resiliency Plan Thorough SWOT Analysis (Defines the Economic Challenges, Deficiencies and Vulnerabilities) Pre-disaster Recovery Plan Collection of Financial Resources Promote Business Continuity and Preparedness Outline KPEDD’s Role to Respond to External Inquiries Identify Targeted Development Initiatives Encourage, Promote, and Expand Current Processes for Regular Communication Determine Measurements for Economic Resiliency https://www.youtube.com/watch?v=CkQoSWUF3_I INDUSTRY OUTLOOK FORUM (IOF) JANUARY 6TH, 2022 KENAI, ALASKA Thank YouTim Dillon Executive Director (907) 242-9709 tim@kpedd.org www.kpedd.org www.kenaipeninsulaworkforce.org Kenai City Council - Regular Meeting Page 1 of 4 August 18, 2021 Kenai City Council - Regular Meeting August 18, 2021 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 4** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Tim Dillon, Executive Director, Kenai Peninsula Economic Development District - Quarterly Update. 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. 3226-2021 - Increasing Fiscal Year 2021 Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3227-2021 - 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, Increasing Estimated Revenues and Appropriations in the General Fund - Fire Department, and Authorizing the Sole Source Purchase of Portable Radios and Accessories for the Fire Department. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3228-2021 - Increasing Estimated Revenues and Appropriations in the Airport Fund, Terminal Repair and Maintenance Department for Kenai City Council - Regular Meeting Page 2 of 4 August 18, 2021 Expenditures in Excess of Budgeted Amounts Related to Damage to Terminal Building Siding and Authorizing a Purchase Order to Blazy Construction, Inc. (Administration) 4. ENACTED UNANIMOUSLY. Ordinance No. 3229-2021 - Accepting a Grant from the Federal Aviation Administration and Increasing Estimated Revenues and Appropriations in the Airport Snow Removal Equipment Capital Project Fund. (Administration) 5. ENACTED UNANIMOUSLY. Ordinance No. 3230-2021 - Increasing Estimated Revenues and Appropriations in the General Fund - Fire Department for the Purchase of Extrication Equipment Needed to Provide Emergency Response to Motor Vehicle Accidents. (Administration) 6. ENACTED UNANIMOUSLY. Ordinance No. 3231-2021 - Increasing Estimated Revenues and Appropriations in the COVID-19 Cares Act Recovery Fund for a Federal Cares Act Grant Passed Through the State of Alaska Department of Public Safety for Overtime and Direct Expenditures of the Police, Fire, and Communications Departments of the City. (Administration) 7. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3232-2021 - Increasing Estimated Revenues and Appropriations in the General Fund, Kenai Fine Arts Center Capital Project Fund and Amending the Lease for a Portion of Lot 3, Block 17, Original Townsite of Kenai for the Kenai Fine Arts Center to Provide Additional Funding for Improvements and Modifications Amendment to the Lease for the Kenai Fine Arts Center. (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2021-54 - Adopting Joint Resolution No. 2021-002 of the Assembly of the Kenai Peninsula Borough and Councils of the Cities of the Kenai Peninsula Borough, Supporting a Request for Federal Aid Submitted by the Kenai Peninsula Borough to Alaska’s U.S. Congressional Delegation for the Purpose of Spruce Bark Beetle Mitigation. (Administration) 9. ADOPTED UNANIMOUSLY. Resolution No. 2021-55 - Approving the Development Incentives per Kenai Municipal Code 21.10.100 for a Lease of Airport Reserve Lands Between the City of Kenai and Schilling Rentals, LLC on General Aviation Apron Sub No. 1 Amended Lot 2 Blk 3. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Work Session of August 4, 2021. (City Clerk) 2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of August 4, 2021. (City Clerk) F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) Kenai City Council - Regular Meeting Page 3 of 4 August 18, 2021 2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/1/2021. *Ordinance No. 3234-2021 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund, Amending the City’s Professional Services Agreement with HDL Engineering Consultants, Accepting Grant Funding from the Federal Aviation Administration, and Issuing a Purchase Order for Construction of the 2021 Airfield Drainage Rehabilitation Project at the Kenai Municipal Airport. (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/1/2021. *Ordinance No. 3235-2021 - Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/1/2021. *Ordinance No. 3236-2021 - Amending the Official Zoning Map by Rezoning T 5N R 11W Sec 6 Seward Meridian KN North 150 Ft of Govt Lot 34 from Suburban Residential to General Commercial. (Administration) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 9/1/2021. *Ordinance No. 3237-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Land Administration Department to Provide Funding for a Kenai Waterfront Revitalization Feasibility Study. (Administration) 6. APPROVED UNANIMOUSLY. Action/Approval - Authorizing a Special Use Permit to Boys and Girls Club of the Kenai Peninsula for Office Space at the Beacon Building. (Administration) 7. APPROVED UNANIMOUSLY. Action/Approval - Letter of Support for a Kenaitze Indian Tribe Grant Request for a Pilot Fixed-Route Transportation Program. (Administration) 8. APPROVED UNANIMOUSLY. Action/Approval - Potential Partnership with the City of Soldotna to Provide 9-1-1 Dispatch Services. (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 Kenai City Council - Regular Meeting Page 4 of 4 August 18, 2021 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 1. Review and Discussion of the Terms of Employment Agreement for the City Clerk which, Pursuant to AS 44.62.310(c)(2) May be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk. 2. Action/Approval - Amending an Employment Agreement between the City of Kenai and City Clerk, Jamie Heinz. (City Clerk) M. PENDING ITEMS 1. Ordinance No. 3224-2021 - Repealing and Reenacting Kenai Municipal Code Title 6 - Elections, to Provide Clarity, Housekeeping, and Process Improvements. (Vice Mayor Molloy and City Clerk) [Clerk's Note: At the August 4 Council Meeting, this item was postponed to the September 18 Council Meeting for a second public hearing. A motion to enact is on the floor.] N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 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. Join Zoom Meeting https://us02web.zoom.us/j/84517385498 Meeting ID: 845 1738 5498 Passcode: 819757 OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 845 1738 5498 Passcode: 819757