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HomeMy WebLinkAbout2023-12-20 Council PacketKenai City Council - Regular Meeting Page 1 of 3 December 20, 2023 Kenai City Council - Regular Meeting December 20, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items 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 ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) 1. Services Provided by the LeeShore Center, Cheri Smith, Executive Director D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. Ordinance No. 3381-2023 - Repealing Kenai Municipal Code Appendices - Public Record Inspection Regulations, Repealing Kenai Municipal Code Chapter 10.40 - Release of Public Records and Re-Enacting Kenai Municipal Code 10.40 - Access to Public Records. (Baisden) 2. Ordinance No. 3382-2023 - Amending Kenai Municipal Code Chapter 7.05 Taxation of Real and Personal Property to Provide an Exemption on the First $100,000 of Assessed Valuation Other Than Motor Vehicles and Watercraft Owned by Each Taxpayer and Making Housekeeping Changes. (Gabriel, Knackstedt, Baisden, Daniel, Askin, Sounart, Douthit) 3. Resolution No. 2023-66 - Adopting an Alternative Allocation Method for the FY24 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Fisheries Management Area 14: Cook Inlet Area. (Administration) 4. Resolution No. 2023-67 - Authorizing a Contract Award and Corresponding Purchase Order for the 2023 Community Wildfire Protection Plan Mitigation Phase Two Project. (Administration) 5. Resolution No. 2023-68 - Declaring a Portion of Outside Way as Dedicated on Townsite of Kenai (US Survey 2970) is No Longer Needed for a Public Purpose and Consenting to Vacation of the Right-Of-Way. (Administration) Page 1 Kenai City Council - Regular Meeting Page 2 of 3 December 20, 2023 6. Resolution No. 2023-69 - Naming the Dedicated Right-Of-Way on the Preliminary Plat for Kenai Townsite Oiler’s 2024 Addition “Oiler’s Street.” (Administration) F. MINUTES 1. *Regular Meeting of November 15, 2023. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Special Use Permit to Beacon Occupational Health and Safety Services for Use of Office Space at the Alaska Regional fire Training Facility. (Administration) 4. *Action/Approval - Special Use Permit to Alaska Sure Seal for Snow Storage. (Administration) 5. *Action/Approval - Special Use Permit to Schillings Alaska, Inc. for Snow Storage. (Administration) 6. *Action/Approval - Confirmation of Mayoral Nominations for Partial Term Appointments to the Council on Aging and Beautification Committee. (Gabriel) 7. *Ordinance 3383-2023 - Amending the Official Zoning Map by Rezoning all Parcels within the Letzing 1985 Subdivision (Plat No. 85-55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) Zoning District. (Administration) 8. *Ordinance 3384-2023 - Cancelling Previously Appropriated Projects, Authorizing a Transfer of Funds from the Wastewater Facility Capital Project Fund to the Water and Sewer Capital Project Fund and Appropriating Supplemental Funds for the Construction of a New Water Pump House at the City’s Water Treatment Facility. (Administration) 9. Action/Approval - Authorizing Memorandum of Agreement with the Kenai Peninsula Borough for Tourism Promotion. (Administration) 10. Discussion - Schedule a Budget Goals Work Session. (Administration) 11. Discussion - Scheduling a CIP Work Session. (Administration) 12. Discussion - Scheduling a Joint Work Session with Kenaitze Indian Tribe. (Administration) 13. Discussion/Action - Virtual Meeting Participation. (City Clerk) I. 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 Page 2 Kenai City Council - Regular Meeting Page 3 of 3 December 20, 2023 J. REPORT OF THE MAYOR 1. Proclamation in Recognition of Kenai Central High School Football Team as the Alaska Division III State Champions for the Year 2023. 2. Proclamation in Recognition of Kenai Central High School Girls Varsity Volleyball Team as the Alaska Division 3A State Girls Champions for the Year 2023. 3. Southcentral Mayors' Energy Coalition K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS 1. CIRCAC Director's Report 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 OR https://us02web.zoom.us/j/82836698462 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 828 3669 8462 Passcode: 010611 Meeting ID: 828 3669 8462 Passcode: 010611 Page 3 Sponsored by: Baisden New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3381-2023 AN ORDINANCE REPEALING KENAI MUNICIPAL CODE APPENDICES - PUBLIC RECORD INSPECTION REGULATIONS, REPEALING KENAI MUNICIPAL CODE CHAPTER 10.40 - RELEASE OF PUBLIC RECORDS AND RE-ENACTING KENAI MUNICIPAL CODE 10.40 - ACCESS TO PUBLIC RECORDS. WHEREAS, access to public records regarding the operations of government allows citizens the opportunity to review the activities of their government; and, WHEREAS, certain records may be exempted from disclosure as provided by state or federal law or regulation; and, WHEREAS, the number of record requests processed by the City continues to increase annually; and, WHEREAS, it is important to provide access to public records while balancing City resources; and, WHEREAS, there are currently two separate parts of Kenai Municipal Code establishing the laws and regulations for access to public records; and, WHEREAS, locating the applicable laws and regulations related to access to public records in one municipal code title provides clarity for the public and administration; and, WHEREAS, it is in the best interest of the City and the public to clearly define the procedures for requests and responses to request for records in the custody of the city. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Repeal of Public Records Inspection Regulations Appendices of Kenai Municipal Code: That Kenai Municipal Code Appendices - Public Record Inspection Regulations is hereby repealed in its entirety as follows: [1. FEES. 1.01 COPIES. THE FEE FOR COPYING PUBLIC RECORDS INCLUDING PAPER DOCUMENTS, AUDIO RECORDINGS, CASSETTES, AND COMPACT DISCS SHALL BE A PER COPY FEE AS SET FORTH IN THE CITY’S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. THE FIRST TEN (10) COPIES OF PAPER DOCUMENTS ARE FREE. 1.02 CERTIFIED COPIES. THE FEE FOR A CERTIFIED COPY OF A DOCUMENT WILL BE THE CITY’S STANDARD CERTIFICATION FEE, PLUS THE STANDARD COPYING FEE, BOTH AS SET FORTH IN THE CITY’S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. ONLY THE CITY CLERK OR DEPUTY CITY CLERK WILL CERTIFY DOCUMENTS. 1.03 PRODUCTION FEE. IF THE PRODUCTION OF RECORDS FOR ONE REQUESTOR IN A CALENDAR MONTH EXCEEDS FIVE (5) PERSON HOURS, THE REQUESTOR MUST PAY A PRODUCTION FEE. THE PRODUCTION FEE WILL BE THE CITY EMPLOYEE’S Page 4 Ordinance No. 3381-2023 Page 2 of 14 New Text Underlined; [DELETED TEXT BRACKETED] ACTUAL SALARY, PLUS BENEFIT COSTS, FOR THE TIME REQUIRED OVER FIVE (5) HOURS DURING THE MONTH TO SEARCH, REVIEW, AND COPY THE RECORDS. IF MULTIPLE CITY EMPLOYEES COMPILE THE REQUESTED RECORDS, A COMPOSITE HOURLY RATE FOR ALL EMPLOYEES INVOLVED WILL BE DETERMINED AND A CREDIT FOR FIVE (5) HOURS AT THAT RATE WILL BE APPLIED. THE PRODUCTION FEE WILL BE IN ADDITION TO THE STANDARD COPYING FEE. EXAMPLE OF COMPOSITE RATE CALCULATION IS: EMPLOYEE A 15 HOURS @ $50/HOUR = $750.00 EMPLOYEE B 4 HOURS @ $75/HOUR = $ 300.00 EMPLOYEE C 2 HOURS @ $35/HOUR = $ 70.00 TOTALS 21 HOURS $1,120.00 $1,120 ÷ 21 (TOTAL HOURS) = $53.33 (COMPOSITE RATE) $1,120 - ($53.33 X 5 FREE HOURS) = $ 853.35 TO BE PAID BY FOIA REQUESTOR 1.04 ESTIMATE AND ADVANCE PAYMENT. IF A PRODUCTION FEE IS REQUIRED OR ANTICIPATED UNDER SECTION 1.03, THE CITY STAFF WILL PREPARE AN ESTIMATE OF THE PRODUCTION FEE AND COPYING FEE THAT ARE EXPECTED TO RESULT FROM PRODUCING THE REQUESTED RECORDS. THE REQUESTOR MUST DEPOSIT THE ESTIMATED PRODUCTION AND COPYING FEES IN ADVANCE OF THE SEARCH. IF THE ACTUAL PRODUCTION AND COPYING FEES ARE LESS THAN THE ESTIMATE, THE REQUESTOR WILL BE GIVEN A REFUND OF THE DIFFERENCE. IF THE ACTUAL PRODUCTION AND COPYING FEES ARE GREATER THAN THE ESTIMATE, THE RECORDS WILL NOT BE RELEASED TO THE REQUESTOR UNTIL THE REQUESTOR PAYS THE DIFFERENCE. 1.05 INSPECTION ONLY. THERE WILL BE NO FEE FOR SIMPLE INSPECTION OF RECORDS, EXCEPT WHEN THE PRODUCTION OF THE RECORDS FOR INSPECTION BY ONE REQUESTOR IN A CALENDAR MONTH EXCEEDS FIVE (5) PERSON-HOURS. IN THAT CASE, THE REQUESTOR WILL BE REQUIRED TO PAY THE PRODUCTION FEE AS DESCRIBED IN SECTION 1.03. 1.06 INDIGENCY. IF A PERSON IS UNABLE TO PAY A FEE, AND SIGNS AN AFFIDAVIT TO THE EFFECT THAT HE OR SHE IS INDIGENT, THEN THE CITY CLERK WILL WAIVE THE COPYING FEE AND PRODUCTION FEE, EXCEPT WHEN THE CITY CLERK, BASED UPON RELIABLE INFORMATION, DETERMINES THE AFFIDAVIT OF INDIGENCY IS MADE IN BAD FAITH OR FRAUDULENTLY. ANNUAL INCOME AS A PERCENT OF CURRENT HEALTH AND HUMAN SERVICES (HHS) POVERTY GUIDELINES FOR ALASKA PERCENT OF FEE REDUCED 1—100% 100% WAIVER 101—149% 75% W AIVER 150—174% 50% W AIVER 175—199% 25% W AIVER 200% PLUS NO W AIVER Page 5 Ordinance No. 3381-2023 Page 3 of 14 New Text Underlined; [DELETED TEXT BRACKETED] AN APPLICATION FOR INDIGENCY MAY BE FILED WITH THE CITY CLERK FOR WAIVING OR PARTIALLY WAIVING THE COSTS OF RECORD REPRODUCTION. THE CITY CLERK MAY ALLOW AN APPLICANT, WHO QUALIFIES AS AN INDIGENT, A REDUCED RECORD REPRODUCTION FEE, A PAYMENT PLAN OR A WAIVER OF THE FILING FEE WHERE THE CITY CLERK IS ABLE TO MAKE A WRITTEN FINDING, BASED ON INFORMATION PROVIDED BY THE APPLICANT THAT PAYMENT OF THE RECORD REPRODUCTION FEE WOULD BE A FINANCIAL HARDSHIP. BASED UPON THE INFORMATION PROVIDED, THE FEE MAY BE REDUCED OR WAIVED IN ACCORDANCE WITH THE ABOVE SCALE. AS REQUIRED BY AS 40.25.110, ANY FEE WAIVER OR REDUCTION MUST BE UNIFORMLY APPLIED TO PERSONS WHO ARE SIMILARLY SITUATED. 2. REQUIREMENTS FOR PUBLIC RECORD REQUESTS—APPROVALS AND DENIALS. 2.01 CITY CLERK APPROVAL. ACCORDING TO KENAI MUNICIPAL CODE, CHAPTER 10.40, ALL REQUESTS FOR PUBLIC INFORMATION OR RECORDS ARE TO BE APPROVED BY THE CITY CLERK, AFTER CONSULTATION WITH THE CITY MANAGER AND CITY ATTORNEY. (SEE REGULATION 5.01.) THE CITY CLERK, OR DESIGNEE, WILL, CONSISTENT WITH THE ORDERLY CONDUCT OF CITY BUSINESS, MAKE A GOOD FAITH AND DILIGENT EFFORT TO PROVIDE A RAPID AND INTELLIGIBLE RESPONSE TO REQUESTS FOR INSPECTION OF RECORDS. 2.02 ROUTINE REQUESTS. ROUTINE REQUESTS FOR INSPECTION OR COPYING OF RECORDS MAY BE APPROVED (BUT NOT DENIED) AND RESPONDED TO BY THE CITY CLERK, DEPUTY CITY CLERK, OR THE DEPARTMENT HEAD OF THE DEPARTMENT IN WHICH THE RECORDS ARE LOCATED. THEY MAY ACT AS THE CITY CLERK’S DESIGNEE FOR THE APPROVAL OF ROUTINE REQUESTS. FOR PURPOSES OF THESE REGULATIONS, A ROUTINE REQUEST IS A REQUEST FOR RECORDS THAT ARE CLEARLY TO BE MADE AVAILABLE TO THE PUBLIC, AND WHICH CAN BE RESPONDED TO QUICKLY WITHOUT A SUBSTANTIAL AMOUNT OF EFFORT OR TIME BY THE CITY STAFF. ROUTINE REQUESTS MAY BE SUBMITTED ORALLY OR IN WRITING. 2.03 NON-ROUTINE REQUESTS. NON-ROUTINE REQUESTS FOR INSPECTION OR COPYING OF RECORDS MUST BE MADE IN WRITING AND REFERRED TO THE CITY CLERK FOR APPROVAL OR DISAPPROVAL. NON-ROUTINE REQUESTS INCLUDE, BUT ARE NOT LIMITED TO, REQUESTS FOR RECORDS THAT ARE OR MIGHT BE EXEMPT FROM DISCLOSURE, REQUESTS THAT WILL OR MIGHT BE DENIED FOR ANY REASON, REQUESTS THAT WILL TAKE MORE THAN ONE (1) PERSON- HOUR OF STAFF TIME TO RESPOND, AND REQUESTS FROM A PERSON INVOLVED IN LITIGATION WITH THE CITY. 2.04 AGGREGATION OF CERTAIN REQUESTS. IF THE CITY CLERK, BASED ON RELIABLE INFORMATION, AFTER CONSULTATION WITH THE CITY ATTORNEY, DETERMINES ONE (1) OR MORE INDIVIDUALS HAVE MADE ONE (1) OR MORE REQUESTS FOR PUBLIC RECORDS ON BEHALF OF ANOTHER PERSON OR GROUP FOR THE PURPOSE OF DIVIDING A REQUEST INTO SMALLER PARTS TO AVOID THE PAYMENT OF A PRODUCTION FEE (FOR PRODUCTION OF RECORDS REQUIRING MORE THAN FIVE (5) PERSON-HOURS OF STAFF TIME PER MONTH), THE CITY CLERK WILL AGGREGATE ALL SUCH REQUESTS AND TREAT THEM AS ONE (1) REQUEST MADE BY PERSON. 2.05 BAD FAITH AFFIDAVIT OF INDIGENCY. IF THE CITY CLERK, BASED ON RELIABLE INFORMATION, AFTER CONSULTATION WITH THE CITY ATTORNEY, DETERMINES A PERSON HAS MADE AN AFFIDAVIT OF INDIGENCY IN BAD FAITH OR FRAUDULENTLY FOR THE PURPOSE OF AVOIDING PAYMENT OF PRODUCTION, COPYING, OR OTHER FEES, THE CITY CLERK WILL DENY THE WAIVER OF THE FEES. 2.06 HARASSMENT REQUEST. IF THE CITY CLERK, IN GOOD FAITH, AFTER CONSULTATION WITH THE CITY ATTORNEY, REASONABLY DETERMINES A REQUEST FOR COPIES OR INSPECTION OF RECORDS IS NOT MADE IN GOOD FAITH, AND IS MADE FOR THE PURPOSE OF HARASSMENT OF THE CITY OR CITY OFFICIALS, OR TO PURPOSELY INTERFERE WITH THE ORDERLY CONDUCT OF CITY BUSINESS, THE CITY CLERK WILL DENY THE REQUEST. SUCH A DETERMINATION Page 6 Ordinance No. 3381-2023 Page 4 of 14 New Text Underlined; [DELETED TEXT BRACKETED] WILL BE MADE ONLY AFTER NOTICE AND AN OPPORTUNITY FOR THE REQUESTOR TO BE HEARD BY THE CITY CLERK. 2.07 DESCRIPTION OF RECORDS REQUESTED. A REQUESTOR MUST DESCRIBE THE RECORDS SOUGHT IN SUFFICIENT DETAIL TO ENABLE THE CITY TO LOCATE AND IDENTIFY THE RECORDS SOUGHT. IF THE RECORDS ARE DESCRIBED BY THE REQUESTOR IN GENERAL TERMS, THE CITY STAFF SHALL ATTEMPT TO COMMUNICATE WITH THE REQUESTOR TO IDENTIFY THE RECORDS REQUESTED AND LESSEN THE ADMINISTRATIVE BURDEN OF PROCESSING AN OVERLY BROAD REQUEST. IF THE REQUEST IS NOT SUFFICIENT TO ALLOW THE STAFF TO IDENTIFY THE REQUESTED RECORDS, THE REQUESTOR SHALL BE NOTIFIED PROMPTLY BY THE CITY CLERK, THE REQUEST CANNOT BE APPROVED OR PROCESSED UNTIL A SUFFICIENT DESCRIPTION OF THE RECORD IS RECEIVED. 3. TIME AND PLACE OF INSPECTION. 3.01 ROUTINE REQUESTS. A ROUTINE REQUEST FOR RECORDS WILL BE RESPONDED TO PROMPTLY AT THE OFFICE WHERE THE RECORDS ARE KEPT, OR ANOTHER CITY OFFICE IF MORE CONVENIENT TO THE CITY, DURING BUSINESS HOURS AT A TIME THAT DOES NOT INTERFERE WITH THE ORDERLY CONDUCT OF CITY BUSINESS. IF THE RECORDS CANNOT BE PRODUCED WITHIN FIVE (5) WORKING DAYS, THE REQUESTOR WILL BE ADVISED. 3.02 NON-ROUTINE REQUESTS. RECORDS IN RESPONSE TO AN APPROVED NON-ROUTINE REQUEST WILL BE MADE AVAILABLE FOR INSPECTION OR COPYING AT CITY HALL, UNDER THE DIRECTION OF THE CITY CLERK OR THE CITY CLERK’S DESIGNEE. FOR THE CONVENIENCE OF THE CITY, THE CITY CLERK MAY DESIGNATE AN INSPECTION LOCATION ELSEWHERE IN THE CITY. THE TIME FOR INSPECTION WILL BE DURING BUSINESS HOURS. THE CITY CLERK WILL ADVISE THE REQUESTOR OF THE SPECIFIC TIME AND DATE ON WHICH THE INSPECTION MAY OCCUR. IF, AND TO THE EXTENT NECESSARY TO MAINTAIN THE ORDERLY CONDUCT OF CITY BUSINESS, THE CITY CLERK MAY LIMIT THE DAYS AND HOURS WHEN INSPECTION AND COPYING OF PUBLIC RECORDS MAY OCCUR. 3.03 LARGE REQUESTS. IF A REQUEST IS MADE FOR INSPECTION OR COPYING OF A LARGE VOLUME OF PUBLIC RECORDS, THE CITY CLERK, AFTER CONSULTATION WITH THE CITY ATTORNEY, MAY REQUIRE THE REQUESTOR TO MAKE A WRITTEN DESIGNATION OF THE ORDER IN WHICH THE REQUESTOR WANTS THE RECORDS PRODUCED. W HEN SUCH ORDER IS DESIGNATED BY THE REQUESTOR, THE CITY WILL ATTEMPT TO PRODUCE THE RECORDS IN THAT ORDER. REQUESTS FOR INSPECTION OR COPYING OF A LARGE VOLUME OF PUBLIC RECORDS, OR REQUESTS THAT WILL REQUIRE THE CITY TO SEARCH OR REVIEW A LARGE VOLUME OF PUBLIC RECORDS, WILL BE RESPONDED AS CITY STAFF TIME PERMITS. THE ORDERLY CONDUCT OF CITY BUSINESS WILL NOT BE INTERRUPTED TO MAKE FAST RESPONSE TO SUCH A REQUEST. IT IS REASONABLE THE MAKER OF SUCH A LARGE REQUEST SHOULD EXPECT AN EXTENDED TIME FOR RESPONSE. THE CITY CLERK WILL ADVISE THE REQUESTOR OF THE ESTIMATED TIME IN WHICH THE RESPONSE WILL BE MADE. 4. FORM OF RECORDS PRODUCED. 4.01 FORM OF RECORDS. THE RECORDS OF THE CITY WILL NORMALLY BE MADE AVAILABLE FOR INSPECTION OR COPYING IN THE FORMAT IN WHICH THE CITY MAINTAINS OR DISSEMINATES THE RECORDS. EXACT REPRODUCTION IS NOT REQUIRED, BUT ANY ALTERATION OF THE FORM OR MEDIUM OF PUBLIC RECORDS MUST NOT CHANGE THE SUBSTANTIVE CONTENT OF THE INFORMATION, AND IF THE ACTUAL CONTENT IS CHANGED, THE NATURE OF THE CHANGE AND THE REASON FOR THE CHANGE WILL BE COMMUNICATED TO THE REQUESTOR. 4.02 SUMMARIZATION OR MANIPULATION OF RECORDS. Page 7 Ordinance No. 3381-2023 Page 5 of 14 New Text Underlined; [DELETED TEXT BRACKETED] THE CITY IS NOT REQUIRED TO COMPILE OR SUMMARIZE ITS RECORDS IN RESPONSE TO A REQUEST FOR INFORMATION. THE CITY IS NOT REQUIRED TO MANIPULATE ITS DATA TO CREATE NEW RECORDS IN RESPONSE TO A REQUEST FOR INFORMATION. 4.03 PARTIALLY DISCLOSABLE RECORDS. IF PUBLIC RECORDS CONTAIN INFORMATION THAT IS DISCLOSABLE IN PART AND NON-DISCLOSABLE IN PART, THE NON-DISCLOSABLE INFORMATION SHALL BE REMOVED PRIOR TO DISCLOSURE. 5. WRITTEN DETERMINATIONS AND APPEALS. 5.01 WRITTEN RESPONSE. IF THE CITY CLERK, AFTER CONSULTATION WITH THE CITY ATTORNEY AND CITY MANAGER, MAKES AN ADVERSE DETERMINATION, IN WHOLE OR IN PART, TO A WRITTEN PUBLIC RECORDS REQUEST, THE CITY CLERK WILL PROVIDE A WRITTEN RESPONSE SETTING FORTH THE ADVERSE DETERMINATION. IT WILL INCLUDE A DESCRIPTION OF THE RECORDS REQUESTED, A DESCRIPTION OF THE RECORDS THAT WILL NOT BE PROVIDED, AND THE REASONS FOR THE ADVERSE DETERMINATION, INCLUDING REFERENCE TO PROVISIONS OF LAW OR REGULATIONS, FACTS, AND OTHER INFORMATION RELIED UPON. THE CITY CLERK’S WRITTEN RESPONSE WILL ALSO INCLUDE A NOTICE THE REQUESTOR HAS A RIGHT TO APPEAL TO THE CITY COUNCIL. 5.02 RESPONSE TO ORAL REQUESTS. ORAL REQUESTS MAY BE ACCEPTED FOR A ROUTINE REQUEST. ORAL REQUESTS FOR RECORDS WILL NOT BE ACCEPTED FOR A NON-ROUTINE REQUEST OR RECEIVE A WRITTEN RESPONSE FROM THE CITY CLERK UNLESS THE REQUESTOR IS UNABLE TO MAKE A WRITTEN REQUEST BECAUSE OF INABILITY TO WRITE OR BECAUSE OF MENTAL OR PHYSICAL DISABILITY. IN THAT CASE, THE CITY STAFF WILL ASSIST THE REQUESTOR IN MAKING A REQUEST THAT WILL BE RESPONDED TO AND TREATED AS A WRITTEN REQUEST FOR ALL PURPOSES UNDER THESE REGULATIONS. 5.03 WHEN NO RESPONSE IS DEEMED DENIAL. IF THE REQUESTOR RECEIVES NO RESPONSE TO A WRITTEN REQUEST FOR RECORDS WITHIN FIVE (5) WORKING DAYS OF MAKING THAT REQUEST, THE REQUESTOR MAY FILE WITH THE CITY CLERK A WRITTEN DEMAND FOR A WRITTEN RESPONSE. IF THE CITY CLERK DOES NOT GIVE A WRITTEN RESPONSE TO THAT DEMAND WITHIN THREE (3) WORKING DAYS OF THE CITY CLERK’S RECEIPT OF THE DEMAND, THE REQUEST FOR RECORDS WILL BE DEEMED DENIED. 5.04 APPEAL TO CITY COUNCIL. A DENIAL, IN WHOLE OR IN PART, A DEEMED DENIAL, OR ANY ADVERSE WRITTEN DETERMINATION BY THE CITY CLERK IN RESPONSE TO A WRITTEN REQUEST FOR PUBLIC RECORDS MAY BE APPEALED BY THE REQUESTOR TO THE CITY COUNCIL. AN APPEAL MUST BE FILED IN WRITING AT THE OFFICE OF THE CITY CLERK WITHIN THIRTY (30) DAYS OF THE DATE THE DECISION WAS MAILED TO THE REQUESTOR. THE CITY COUNCIL WILL HEAR THE APPEAL AND ISSUE A WRITTEN DECISION WITHIN THIRTY (30) DAYS OF THE DATE THE APPEAL WAS FILED AT THE OFFICE OF THE CITY CLERK. THERE SHALL BE NO FILING FEE FOR THE APPEAL TO THE CITY COUNCIL. 5.05 APPEAL TO SUPERIOR COURT. A FINAL DECISION OF THE CITY COUNCIL ON AN APPEAL FROM A DECISION OF THE CITY CLERK MAY BE FURTHER APPEALED TO THE SUPERIOR COURT. SUCH AN APPEAL MUST BE MADE UNDER THE COURT RULES OF PROCEDURE GOVERNING APPEALS TO THE SUPERIOR COURT.] Section 2. Repeal of Section 10.40 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 10.40 - Release of Public Records is hereby repealed in its entirety as follows: [CHAPTER 10.40 RELEASE OF PUBLIC RECORDS Page 8 Ordinance No. 3381-2023 Page 6 of 14 New Text Underlined; [DELETED TEXT BRACKETED] 10.40.010 INTENT. IT IS THE INTENTION OF THE CITY TO PROVIDE ACCESS OF THE PUBLIC TO MUNICIPAL RECORDS AND INFORMATION CONSISTENT WITH THE ALASKA PUBLIC RECORDS ACT, SO THAT THE PEOPLE OF THE CITY MAY BE WELL INFORMED AT ALL TIMES AS TO MUNICIPAL BUSINESS. WITH THE EXCEPTION OF THE SPECIFIC EXEMPTIONS SET FORTH UNDER SECTION 10.40.040, ALL INFORMATION AND RECORDS IN THE CONTROL OF THE MUNICIPALITY SHALL BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST. 10.40.020 DEFINITIONS. FOR THE PURPOSES OF THIS CHAPTER: (A) “MUNICIPAL AGENCY” MEANS ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR PRIVATE CONTRACTOR, OF THE CITY, WHICH HAS CUSTODY OF PUBLIC RECORDS AS DEFINED IN THIS CHAPTER. (B) “PUBLIC RECORDS” MEAN BOOKS, PAPERS, FILES, ACCOUNTS, WRITINGS, INCLUDING DRAFTS AND MEMORIALIZATIONS OF CONVERSATIONS, AND OTHER ITEMS, REGARDLESS OF FORMAT OR PHYSICAL CHARACTERISTICS, THAT ARE DEVELOPED OR RECEIVED BY THE CITY OR A MUNICIPAL AGENCY AND THAT ARE PRESERVED FOR THEIR INFORMATIONAL VALUE OR AS EVIDENCE OF THE ORGANIZATION OR OPERATION OF THE CITY; “PUBLIC RECORDS” DOES NOT INCLUDE PROPRIETARY SOFTWARE PROGRAMS. 10.40.030 INFORMATION AVAILABLE TO THE PUBLIC. EXCEPT AS PROVIDED BY SECTION 10.40.040, OR BY OTHER PROVISIONS OF MUNICIPAL, STATE OR FEDERAL LAW , ALL PUBLIC RECORDS SHALL BE OPEN TO INSPECTION BY ANY PERSON SUBJECT TO REGULATIONS REGARDING THE TIME, PLACE AND MANNER OF INSPECTION WHICH MAY BE ADOPTED BY THE CITY COUNCIL PURSUANT TO SECTION 10.40.050. DOCUMENTS ARE NOT REQUIRED TO BE CREATED IN ORDER TO COMPLY WITH AN INFORMATION REQUEST, BUT WILL BE PROVIDED FROM DOCUMENTS/INFORMATION THAT ALREADY EXISTS. THE TYPES OF RECORDS AND INFORMATION OPEN TO PUBLIC INSPECTION PURSUANT TO THIS CHAPTER SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING: (A) FINANCIAL AND OPERATIONAL COST INFORMATION, INCLUDING INFORMATION AS TO REVENUES, EXPENDITURES, INDEBTEDNESS, FORMAL DEPARTMENTAL RECOMMENDATIONS IN REGARD TO PROJECT PRIORITY, AND AFTER BUDGET FINALIZATION, DEPARTMENT BUDGET REQUESTS; (B) INFORMATION RELATING TO CONTRACTS TO WHICH THE MUNICIPALITY IS A PARTY, INCLUDING PAYMENT PROVISIONS, INFORMATION RELATING TO BIDS AND REQUESTS FOR PROPOSALS RECEIVED OR SOLICITED BY THE MUNICIPALITY, AND INFORMATION RELATING TO THE STATUS OF GOODS OR SERVICES FURNISHED PURSUANT TO CONTRACT; (C) REGULATORY, FINANCIAL ASSESSMENT AND TAX INFORMATION CONCERNING REAL PROPERTY LOCATED WITHIN THE MUNICIPALITY; (D) COMPENSATION LEVELS AND FRINGE BENEFITS ACCORDED MUNICIPAL OFFICERS AND EMPLOYEES BY LAW , INCLUDING INFORMATION IN REGARD TO THE PAY RANGE AND STEP GRADE OF AN EMPLOYEE OR OFFICER AND STATISTICAL ANALYSES OR COMPILATIONS RELATING TO MUNICIPAL PRACTICES AND POLICIES CONCERNING COMPENSATION FOR VARIOUS OCCUPATIONAL GROUPS, DEPARTMENTS AND DIVISIONS; (E) STATISTICAL INFORMATION AND ANALYSES CONCERNING CASE LOADS, NUMBERS AND CATEGORIES OF PERSONS FOR WHOM SERVICES WERE PERFORMED OR TREATMENT PROVIDED, RESULTS ACHIEVED AND PER PATIENT AND PER UNIT COST; AND (F) FEASIBILITY, MANAGEMENT, COST EFFECTIVENESS AND SIMILAR REPORTS PREPARED BY THE MUNICIPALITY WITH MUNICIPAL MONEYS. THE FOREGOING ENUMERATION OF INFORMATION AVAILABLE FOR PUBLIC INSPECTION IS NOT DESIGNED TO LIMIT THE CATEGORIES OF RECORDS AND INFORMATION THAT SHALL BE MADE AVAILABLE TO THE PUBLIC PURSUANT TO THIS CHAPTER. THE POLICY OF PROVIDING PUBLIC ACCESS TO PUBLIC INFORMATION SHALL BE BROADLY AND LIBERALLY CONSTRUED. Page 9 Ordinance No. 3381-2023 Page 7 of 14 New Text Underlined; [DELETED TEXT BRACKETED] 10.40.040 RECORDS EXEMPTED. THE CITY SHALL NOT BE REQUIRED TO RELEASE OR DISCLOSE THE FOLLOWING DOCUMENTS OR RECORDS: (A) COMMUNICATIONS OF ANY KIND BETWEEN THE MUNICIPAL ATTORNEY AND OFFICERS OR EMPLOYEES OF THE CITY, OR ANY OTHER INDIVIDUAL, FIRM OR CORPORATION CONTAINING A LEGAL OPINION, MEMORANDUM OR OTHER DISCLOSURE OR INFORMATION PERTAINING TO ANY MATTER THEN IN LITIGATION OR WHERE LITIGATION MAY BE REASONABLY ANTICIPATED. THIS EXEMPTION DOES NOT EXTEND, HOWEVER, TO ANY DOCUMENTS, RECORDS OR OTHER WRITTEN COMMUNICATION THAT MAY HAVE BEEN MADE PUBLIC PRIOR TO THE COMMENCEMENT OF LITIGATION AND PUBLIC RECORDS WHICH MUST OTHERWISE BE DISCLOSED CANNOT BE WITHHELD ON THE GROUNDS THAT THEY HAVE BEEN SUBMITTED TO THE MUNICIPAL ATTORNEY; (B) ALL PERSONNEL RECORDS OF CITY OFFICERS AND EMPLOYEES, INCLUDING, WITHOUT LIMITATION, EMPLOYMENT APPLICATIONS, EXAMINATION MATERIALS, AND PERFORMANCE EVALUATIONS, RECORDS THAT REVEAL MEDICAL INFORMATION ABOUT ANY SPECIFIC INDIVIDUAL; RECORDS THAT REVEAL THE PERSONAL, INTIMATE, OR PRIVATE LIFE OF AN INDIVIDUAL; AND, IN ADDITION, ANY RECORD THE DISCLOSURE OF WHICH WOULD CONSTITUTE AN UNWARRANTED INVASION OF PRIVACY; BUT THIS SUBJECTION DOES NOT PROTECT FROM DISCLOSURE THE FOLLOWING: (1) EMPLOYMENT APPLICATIONS OF CITY OFFICIALS APPOINTED BY THE CITY COUNCIL, (2) EMPLOYMENT APPLICATIONS OF THE DIRECTOR OF EACH DEPARTMENT OF THE CITY, (3) PERFORMANCE EVALUATIONS OF CITY OFFICIALS APPOINTED BY THE CITY COUNCIL TO THE EXTENT THE PERFORMANCE EVALUATIONS RELATE TO THE INDIVIDUAL’S JOB PERFORMANCE AND DO NOT IMPUGN AN INDIVIDUAL’S HONESTY, INTEGRITY, OR MORALITY OUTSIDE OF PROFESSIONAL LIFE, (4) THE NAMES AND POSITION TITLES OF ALL CITY EMPLOYEES, (5) THE CURRENT AND PRIOR POSITIONS HELD BY A CITY EMPLOYEE, (6) THE DATES OF APPOINTMENT AND SEPARATION OF A CITY EMPLOYEE, AND (7) THE RECORDS DESCRIBED IN SECTION 10.40.030(D). IN THE EVENT OF A REQUEST FOR DISCLOSURE OF ITEMS DESCRIBED IN SUBPARTS 1, 2, AND 3 OF THIS SUBSECTION, THE CITY MANAGER, CITY OFFICIALS AND DIRECTORS WILL BE NOTIFIED AT LEAST TWO (2) DAYS PRIOR TO RELEASE OF SUCH RECORDS AND MAY APPEAL THE DECISION UNDER KMC 10.40.060. (C) RECORDS OR INFORMATION COMPILED FOR LAW ENFORCEMENT PURPOSES, BUT ONLY TO THE EXTENT THE PRODUCTION OF THE LAW ENFORCEMENT RECORDS OR INFORMATION: (1) COULD REASONABLY BE EXPECTED TO INTERFERE WITH ENFORCEMENT PROCEEDINGS, (2) WOULD DEPRIVE A PERSON OF A RIGHT TO A FAIR TRIAL OR AN IMPARTIAL ADJUDICATION, (3) COULD REASONABLY BE EXPECTED TO CONSTITUTE AN UNWARRANTED INVASION OF THE PERSONAL PRIVACY OF SUSPECT, DEFENDANT, VICTIM, OR WITNESS, (4) COULD REASONABLY BE EXPECTED TO DISCLOSE THE IDENTITY OF A CONFIDENTIAL SOURCE, (5) WOULD DISCLOSE CONFIDENTIAL TECHNIQUES AND PROCEDURES FOR LAW ENFORCEMENT INVESTIGATIONS OR PROSECUTIONS, (6) W OULD DISCLOSE GUIDELINES FOR LAW ENFORCEMENT INVESTIGATIONS OR PROSECUTIONS IF THE DISCLOSURE COULD REASONABLY BE EXPECTED TO RISK CIRCUMVENTION OF THE LAW, OR (7) COULD REASONABLY BE EXPECTED TO ENDANGER THE LIFE OR PHYSICAL SAFETY OF AN INDIVIDUAL; (D) INFORMATION SUCH AS NAME, ADDRESS, ETC., THAT WOULD IDENTIFY COMPLAINANTS IN ACTIONS TO ENFORCE ANY CITY REGULATION OR ORDINANCE, EXCEPT AS SUCH DISCLOSURE MAY BECOME NECESSARY TO A FAIR AND JUST DISPOSITION OF THE ENFORCEMENT PROCEEDING; Page 10 Ordinance No. 3381-2023 Page 8 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (E) RECORDS HELD BY THE CITY CONCERNING ANY CUSTOMER USING MUNICIPAL SERVICES, RELEASE OF WHICH WOULD BE UNWARRANTED INVASION OF PRIVACY; (F) ENGINEERING OR OTHER TECHNICAL SPECIFICATIONS OR DATA WHICH MIGHT PROVIDE A COMPETITIVE ADVANTAGE TO ANY PERSON, FIRM, OR CORPORATION ENGAGED OR POTENTIALLY TO BE ENGAGED IN MUNICIPAL BUSINESS; (G) INFORMATION OBTAINED BY AND IN THE CUSTODY OF INSURANCE CARRIERS INSURING THE MUNICIPALITY AND THEIR ATTORNEYS AND AGENTS REGARDING POSSIBLE AND PENDING CLAIMS AGAINST THE MUNICIPALITY; (H) MEDICAL AND RELATED PUBLIC HEALTH RECORDS; (I) RECORDS PERTAINING TO JUVENILES UNLESS DISCLOSURE IS AUTHORIZED BY LAW ; (J) RECORDS REQUIRED TO BE KEPT CONFIDENTIAL BY LAW ; (K) ANY RECORD, NONDISCLOSURE OF WHICH IS AUTHORIZED BY A VALID ALASKA OR FEDERAL STATUTE OR REGULATION, OR BY A PRIVILEGE, EXEMPTION, OR PRINCIPLE RECOGNIZED BY THE COURTS, OR BY A PROTECTIVE ORDER AUTHORIZED BY LAW ; AND (L) SALES TAX INFORMATION EXCLUDED FROM DISCLOSURE BY KPB 5.18.040 AS AMENDED. 10.40.050 REGULATION OF TIME, PLACE AND MANNER OF INSPECTION OF PUBLIC RECORDS. THE CITY COUNCIL SHALL ADOPT REGULATIONS AS TO THE TIME, PLACE, AND MANNER OF INSPECTION OF PUBLIC RECORDS HELD BY THE MUNICIPALITY. SUCH REGULATIONS MAY ALSO PROVIDE: (A) THAT A FEE MAY BE REQUIRED. THE FEE SHALL NOT EXCEED THE ACTUAL COST TO PRODUCE THE INFORMATION REQUESTED. IN THE EVENT THE PERSON IS UNABLE TO PAY ANY REQUESTED FEE, AND SIGNS AN AFFIDAVIT TO THE EFFECT THAT HE OR SHE IS INDIGENT, THERE WILL BE NO COST TO THE ABOVE- DESCRIBED PERSON. SEE APPENDIX, PUBLIC RECORD INSPECTIONS REGULATIONS, SECTION 1.06. (B) THE FORM IN WHICH THE SPECIFIC DOCUMENTS SHALL BE MADE AVAILABLE. DOCUMENTS NEED NOT BE REPRODUCED IN THE EXACT FORM OR MEDIUM IN WHICH THEY ARE STORED. HOWEVER, ANY ALTERATION OF THE FORM OR MEDIUM OF PUBLIC RECORD SHALL NOT CHANGE THE SUBSTANTIVE CONTENT OF THE INFORMATION CONTAINED IN THE PUBLIC RECORD. W HEN THE ACTUAL CONTENT IS CHANGED, THE NATURE OF THE CHANGE AND WHY IT WAS NECESSARY SHALL BE COMMUNICATED TO THE REQUESTOR. REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE POSTED IN A CONSPICUOUS MANNER AT CITY HALL. 10.40.060 RESPONSE TO REQUESTS FOR PUBLIC RECORDS. ALL REQUESTS FOR PUBLIC INFORMATION OR RECORDS SHALL BE APPROVED BY THE CITY CLERK. THE CITY CLERK, OR DESIGNEE SHALL, CONSISTENT WITH THE ORDERLY CONDUCT OF MUNICIPAL BUSINESS, MAKE A GOOD FAITH AND DILIGENT EFFORT TO PROVIDE A RAPID AND INTELLIGIBLE RESPONSE TO REQUESTS FOR INSPECTION OF RECORDS MADE PURSUANT TO THIS CHAPTER. TO EFFECT THIS POLICY, THE FOLLOWING GUIDELINES ARE ADOPTED: (A) INFORMATION PURSUANT TO THIS CHAPTER SHALL BE FURNISHED PROMPTLY TO THE REQUESTING PARTY UNLESS THE INFORMATION REQUESTED IS DECLARED PRIVILEGED OR CONFIDENTIAL PURSUANT TO APPLICABLE FEDERAL, STATE OR MUNICIPAL LAW . IF THE CITY CLERK OR DESIGNEE CONSIDERS THE INFORMATION TO BE PRIVILEGED, AFTER CONSULTATION WITH THE CITY ATTORNEY, HE OR SHE SHALL PREPARE A SLIP SETTING FORTH THE DATE, THE ITEM OF INFORMATION REQUESTED, THE SPECIFIC PROVISION OF APPLICABLE STATE, FEDERAL OR MUNICIPAL LAW EXEMPTING THE REQUESTED INFORMATION FROM DISCLOSURE. A COPY OF THIS SLIP SHALL BE PROVIDED TO THE PARTY REQUESTING THE INFORMATION. Page 11 Ordinance No. 3381-2023 Page 9 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (B) A DECISION REGARDING A REQUEST FOR INFORMATION OR INSPECTION OF PUBLIC RECORDS MAY BE APPEALED TO THE CITY COUNCIL AND A WRITTEN REPLY WILL BE GIVEN WITHIN SEVEN (7) WORKING DAYS FROM THE COUNCIL’S CONSIDERATION THEREOF EITHER GRANTING OR DENYING THE APPEAL. AN APPEAL FROM THE DECISION OF THE COUNCIL SHALL BE TO THE SUPERIOR COURT. (C) ALL REQUESTS FOR RECORDS AND INFORMATION MADE PURSUANT TO THIS CHAPTER SHALL BE RESPONDED TO WITHIN A REASONABLE TIME PERIOD. IF THE RECORDS AND INFORMATION CANNOT BE LOCATED IN TIME TO MAKE A RESPONSE WITHIN FIVE (5) WORKING DAYS OF THE REQUEST, THE REQUESTING PARTY SHALL BE PROMPTLY ADVISED, AND, IF THE REQUESTING PARTY STILL DESIRES THE INFORMATION OR RECORDS, A REASONABLE AND DILIGENT SEARCH SHALL CONTINUE. (D) IF A REQUEST IS DEEMED NON-ROUTINE OR LARGE, WRITTEN NOTIFICATION WILL BE MADE TO THE REQUESTOR WITHIN FIVE (5) WORKING DAYS WITH AN ESTIMATE OF PRODUCTION COSTS PURSUANT TO KMC 10.40.060(C) AND APPENDIX, PUBLIC RECORD INSPECTIONS REGULATIONS, REGULATION 1, FEES.] Section 3. Enactment of Section of Kenai Municipal Code: That Kenai Municipal Code, Chapter 10.40 - Access to Public Records is hereby re-enacted as follows: Chapter 10.40 - Access to Public Records 10.40.010 Purpose and Intent. The purpose of this chapter is to establish uniform procedures to ensure that requests for public records are handled in a timely, reasonable and responsive manner. It is the intention of the City that all disclosable public records will be made available upon request and in compliance with the requirements of Alaska Statues and this chapter, subject to exceptions, exemptions and upon payment of applicable fees provided in this chapter or otherwise provided by law. 10.40.020 Definitions. For the purpose of this chapter: (a) “Business Day” means every day except Saturday, Sunday or a holiday recognized by the City, and is calculated by excluding the first day and including the last day, unless the last day is a Saturday, Sunday or holiday. (b) “Certified Copy” means a copy of a document certified as correct by the City Clerk. (c) “City” means any department, division, board, or commission which has custody of a public record as defined in this chapter. (d) “Emergency Services Department Records” means records related to the unique functions of the Fire or Police Department, which include but are not limited to fire incidents, emergency medical services, public safety, investigations, and law enforcement. (e) “Harassment Request” means a request not made in good faith, and is made for the purpose of harassment of the City or City officials, or to purposely interfere with the orderly conduct of City business. (f) “Non-Routine Request” means but is not limited to a request for records that are or might be exempt from disclosure, requests that will or might be denied for any reason, requests that will take substantial staff time to respond, and requests from a person involved in litigation with the City. (g) “Proprietary Information” means information regarding techniques, methods, strategies or other unique data in which a valuable property interest may be established or which may be used by person or entity for a competitive advantage. Page 12 Ordinance No. 3381-2023 Page 10 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (h) “Public Record” means items, regardless of format or physical characteristics that are developed or received by the City that are preserved for their informational value or as evidence of the organization or operation of the City; “public records” or “records” does not include proprietary software programs. (i) “Routine Request” means a request for records that are clearly to be made available to the public, and which can be responded to quickly without a substantial amount of effort or time by the City staff. 10.40.030 Records Available to the Public and Format. (a) Unless provided otherwise by law or regulation, public records of the City are open to inspection by the public subject to any applicable fees and regulations regarding the time, place and manner of inspection as provided in 10.40.060. (b) The City is not required to manipulate data to create new records in response to a request for public records, nor is the City required to compile or summarize records in response to a request for information. (c) Except as otherwise provided by law, if the request is for a public record that contains confidential information or non-disclosable information, the confidential or non-disclosable information will be redacted before the record is provided. (d) Records will normally be made available in the format in which the City maintains or disseminates records. Exact reproduction will not be required, but any alteration of the form or medium of the record must not change the substantive content of the information, and if the content is changed, the nature of the change and the reason for the change will be communicated to the requestor. (e) When providing records by electronic services or products, the City will ensure that access to confidential information and proprietary software is protected. 10.40.040 Form of Request. (a) This section applies to all requests, except for requests processed under 10.40.050. (b) Requests for the inspection or copying of records will be made in writing on a form provided by the City Clerk. The City Clerk will maintain a log of all requests for the disclosure of public records, the log will include the date and time of the request and fee charged, if any. If a requester is unable to complete the form due to a physical or mental disability, the City Clerk or designee will either assist the requester in completing the written form or treat the requester's oral request as a written request. (c) Description of Record: A requestor must describe the records sought in sufficient detail to enable the City to locate and identify the records sought. If the records are described by the requestor in general terms, the city staff will attempt to communicate with the requestor to identify the records requested and lessen the administrative burden of processing an overly broad request. If the city staff is unable to communicate with the requestor and the request is not sufficient to allow the staff the ability to identify the requested records, the requestor will be notified within 10 business days after receipt of the request by the City Clerk, that the request cannot be approved or processed until a sufficient description of the record is received. (d) Aggregation of Certain Requests: If the City Clerk, based on reliable information, after consultation with the City Attorney, determines one or more individuals have made one or more requests for public records on behalf of another person or group for the purpose of dividing a request into smaller parts to avoid payment of production fee (for production of records requiring more than five hours of staff time per month), the City Clerk will aggregate all such requests and treat them as one request. (e) Harassment Requests: If the City Clerk, in good faith, after consultation with the City Attorney, reasonably determines the request is a harassment request as defined by this chapter, the City Clerk will deny the request. Such a determination will be made only after notice and an opportunity for the requestor to be heard by the City Clerk. Page 13 Ordinance No. 3381-2023 Page 11 of 14 New Text Underlined; [DELETED TEXT BRACKETED] 10.40.050 Response by Department. (a) Requests for Emergency Services Department records as defined by this chapter may be processed by the director of the department or director’s designee. Nothing in this chapter will prevent the director or designee from consulting with the City Attorney and/or the City Manager prior to making a determination. (b) Routine requests for records as defined by this chapter may be processed by the director of the department or director’s designee in which the records are located and may be submitted orally or in writing. (1) Routine requests do not include requests for records that might be exempt from disclosure, requests that will or might be denied for any reason, requests that will take substantial staff time to respond to, or requests from a person involved in litigation with the City. If it is determined that a request being processed under this section is not a routine request, the request will be transferred to the City Clerk for processing. 10.40.060 Regulation of Time, Place and Manner of Inspection. (a) Routine Requests. W ill be responded to promptly at the office where the records are kept, or another City office if more convenient to the City, during business hours at a time that does not interfere with the orderly conduct of City business. (b) Non-Routine Requests. Records in response to an approved non-routine request will be made available for inspection or copying at City Hall, under the direction of the City Clerk or designee. For the convenience of the City, the City Clerk may designate an inspection location elsewhere in the City. The time for inspection will be during business hours. The City Clerk will advise the requestor of the specific times and dates on which the inspection may occur. If, and to the extent necessary to maintain the orderly conduct of city business, the City Clerk may limit the days and hours when inspection and copying of public records may occur. (c) Large Requests. If a request is made for inspection or copying of a large volume of public records, the City Clerk, after consultation with the City Attorney, may require the requestor to make a written designation of the order in which the requestor wants the records produced. When such order is designated by the requestor, the City will attempt to produce the records in that order. Requests for inspection or copying of a large volume of public records, or requests that will require the City to search or review a large volume of public records, will be responded as City staff time permits. The City Clerk will advise the requestor of the estimated time in which the response will be made. 10.40.070 Litigation Disclosure. If a person requesting inspection of city records is involved in litigation, or an appeal involving the City or a City agency in any judicial or administrative forum, the disclosure of records used for, included in, or relevant to that litigation, proceeding or appeal is governed by the rules or orders of that forum, and not by this chapter. In this section, "involved in litigation" means being a party to litigation, or appeal, or representing a party, including any person obtaining records on behalf of the party. 10.40.080 Response to Request for Public Records. (a) Non-routine requests for public records will be approved or denied by the City Clerk or designee. Nothing in this chapter will prevent the City Clerk or designee from consulting with the City Attorney and/or the City Manager prior to making a determination. (b) Non-routine requests will be referred to the division or department head responsible for those records. The department head or designee will, consistent with the orderly conduct of City business, make a good faith and reasonable effort to locate records that are adequately identified in the request, and return the located records to the City Clerk. Page 14 Ordinance No. 3381-2023 Page 12 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (1) If the record is subject to inspection under this chapter and is readily available, the City Clerk or designee will permit the requester to inspect the record or, within ten business days of receipt of the request, provide the requester with a copy of the City record upon receipt of any applicable fees. (2) If a record is not subject to inspection, within ten business days of receipt of the request the City Clerk will state in writing that the records is not subject to inspection, providing an explanation and/or the City, State or Federal law that authorizes or requires the withholding of the City record from inspection. (3) If the request is deemed non-routine, large and is not immediately available or staff resources of the City are not sufficient to respond to the request, within ten business days of the receipt of the request, the City Clerk will furnish a written acknowledgment of the receipt of such request and a statement of the approximate date the records will be available and an estimate of any applicable fees, which will be reasonable under the circumstances of the request. (d) Original records will not leave the custody of the City. 10.40.090 Fees for copying search and production. (a) Copying fee. The fee for copying public records including paper documents, audio/video recordings, and digital records will be a per copy fee as set forth in the City’s schedule of fees adopted by the City Council. The first ten copies of paper documents are free. (b) Certified copy fee. The fee for a certified copy of a document will be as set forth in the City’s schedule of fees adopted by the City Council, plus any applicable copying, searching and production fees. (c) Search and production fee. Except as otherwise provided, if the search and production of a record for one requestor in a calendar month exceeds five-person hours, the requestor must pay all costs associated with the search and production of the record, for the time required over five hours. The search and production fee will be the equivalent of the actual salary plus benefits for the time spent by the City staff to search and produce the records. The search and production fee will be in addition to the copying fee. (d) Electronic services and products. The fee for electronic services and products will be based on recovery of the actual incremental costs of providing the electronic services and products, and a reasonable portion of the costs associated with building and maintaining the information system of the City. (e) Payment of applicable fees. (1) The requester will pay all fees before the records are disclosed, except the City Clerk may waive this requirement in accordance with KMC 10.40.100. (2) Payments may be required in advance of the search and production of records when it is reasonably believed that the search and production will require more than five hours to complete and will generate a fee under this section that is not waivable under KMC 10.40.100. 10.40.100 Waiver and Reductions in Fees. (a) The fees required by this chapter may be waived by the City Clerk: (1) In the case of indigency; or (2) If the City Clerk finds the records or electronic services and products are to be used for a public purpose. (b) Fee reductions and waivers will be uniformly applied among persons who are similarly situated. Page 15 Ordinance No. 3381-2023 Page 13 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (c) Fee reduction in the case of indigency. If a person is unable to pay a fee and signs an affidavit on a form provided by the City Clerk to that effect, the City Clerk will waive all or part of the applicable fees in accordance with the table below. No waiver or reduction will be granted if the City Clerk after consultation with the City Attorney finds, based upon reliable information that the affidavit of indigency was made fraudulently or in bad faith. Annual Income as a Percent of Current Health and Human Services (HHS) Poverty Guidelines of Alaska Percent of Fee Reduced 1 - 100% 100% Waiver 101 - 149% 75% 150 - 174% 50% 175 - 199% 25% 200% plus No Waiver 10.40.110 Denial. (a) A request for public records may be denied if any one of the following provisions are applicable: (1) The record is not known to exist after a diligent search is made for it; (2) The record is not in the City’s possession and remains unknown or outside of the City’s control; (3) The record has been destroyed in accordance with an applicable records-retention schedule; or, (4) Nondisclosure of the record is authorized by Federal or State Law or regulation. (b) A denial under this section is the final administrative order for purpose of appeal. The denial must be in writing, must state the basis and reason for the denial. A denial must further state that the requester may obtain judicial review by appealing the denial to the Superior Court. 10.40.120 Appeal The final administrative order may be appealed to the Superior Court. Such an appeal must be made under the court rules of procedure governing appeals to the Superior Court. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 20TH DAY OF DECEMBER, 2023. ___________________________________ Brian Gabriel Sr., Mayor Page 16 Ordinance No. 3381-2023 Page 14 of 14 New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: November 15, 2023 Enacted: December 20, 2023 Effective: January 19, 2024 Page 17 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Vice Mayor Baisden FROM: Shellie Saner, City Clerk DATE: August 17, 2023 SUBJECT: Ordinance No. 3381-2023 - Repealing Municipal Code Appendices - Public Records Inspection Regulations, Repealing Kenai Municipal Code Chapter 10.40 - Release of Public Records and Enacting Kenai Municipal Code 10.40 - Access to Public Records. The Ordinance as proposed would delete the public records inspection regulations from the appendices of Kenai Municipal Code (KMC), repeal Chapter 10.40 - Release of Public Records and Enact a new Chapter 10.40 - Access to Public Records. This would place rules and regulations related to accessing City of Kenai public records into one location within municipal code. Attached to this Ordinance are copies of the current KMC Chapter 10.40 and the current Appendices, both of which include comments identifying where or how each section was or was not included in the proposed new chapter. The following information further explains the changes within the new chapter.  10.40.010 Purpose and Intent. Previously this section was title “Intent” the proposed amendment includes a sentence identifying the purpose for the chapter and the intent section was rewritten.  10.40.020 Definitions. The definition section was expanded to include definitions for Business Day, Certified Copy, Emergency Services Department Records, Harassment Request, Non- Routine Request, Proprietary Information, and Routine Requests. The definition for Municipal Agency was changed to City and the definition for Public Record was modified and no longer lists the different forms of records, instead states “information regardless of format or physical characteristics”. There are three sections in the current appendices which are now included in the definitions: Routine Requests, Non-Routine Requests and Harassment Request. Having these three types of requests included in the definitions, allowed the proposed new chapter to address each type in different sections, for example the regulations for time, place and manner of inspection differs between a Routine and Non-Routine request and the regulations for response to a request will vary when it’s a non-routine request verses a routine request.  10.40.030 Records Available to the Public and Format. Previously titled Information Available to the Public. The previous section listed six specific record types that were available, which did not identify all records that are available. The six listed were not records that would have been exempt from disclosure and listing them out was not necessary. This new chapter was also modified to include the following sections from the appendices: 4.01 Form of Record; 4.02 Summarization of manipulations of records; 4.03 Partially disclosable records Page 18 Memo Page 2 of 3  [10.40.040 RECORDS EXEMPTED.] The previous section 10.40.040 Records Exempted was listed out specific records that were exempt from disclosure. This information was left out of the new chapter. In multiple sections of the new chapter, there are references that records will be disclosed unless otherwise provided by law. If a request for a record were denied the new section 10.40.110 requires that a denial must be in writing and must state the basis and reason for the denial, the basis would include the reference to the local, federal or state law that exempts the record.  10.40.040 Form of Request. The new section 10.40.040 incorporates and modifies the following sections that were previously in the Appendices: 2.03 Non-Routine Requests; 2.04 Aggregation of Certain Requests; 2.06 Harassment Requests; and 2.07 Description of Records Requested.  10.40.050 Response by Department. This is a new section of code which addresses the following: The previous code and appendices did not capture how requests for Emergency Services Department records are currently processed by the City; and, due to the unique functions of law enforcement and emergency services these requests are processed by the department. Paragraph (a) of this new section codifies the current practices. Routine Requests were previously included in the Appendices section 2.02. Paragraph’s (b) and (b)(1) of the new section incorporates and modifies the previous version.  10.40.060 Regulation of Time, Place and Manner of Inspection of Public Records. This section was previously 10.40.050 and established that the council shall adopt regulations as to the time, place and manner of inspection; that fees may be required; and the rules related to the format of the record produced. The regulations as required in the previous chapter were adopted in the appendices as: 3.01 Routine Requests; 3.02 Non-Routine Requests; 3.03 Large Request. These three sections of the appendices were included in the new chapter 10.40.060. Fee requirements were included in the new section 10.40.100; and the regulations regarding the format of the records produced was included in the new section 10.40.030(d)  10.40.070 Litigation Disclosure. This section is new and was included based on the Alaska Administrative Code 2 AAC 96.220 and Alaska Statutes 40.25.122. This new section was included to address the State of Alaska regulations requiring when a person is involved in litigation, the records sought shall be disclosed in accordance with the rules of procedure applicable in a court or an administrative adjudication.  10.40.080 Response to a Request for Public Records. This section was previously 10.40.060 and has been modified substantially, the following identifies the more substantial changes: 1. Previously applied to all requests for public records, which conflicted with the appendices with regards to Routine Requests. The new section only applies to Non-Routine Requests. Responses to Routine Requests are established in the section 10.40.050. 2. Previously allowed appeals to the City Council regarding the approval or denial of the release of a record and the City Council’s decision was appealable to the Superior Court. Provisions allowing appeals to the City Council were omitted and provisions allowing appeal to the Superior Court were included in the new section 10.40.110 (b). Removal of the provisions allowing appeals to the City Council was based on the specific State and Federal Laws and rules which regulate records which are open to the public and records that are protected. If a record is withheld, the decision to withhold the record would be based on a provision of law protecting that record and the release of such a record could present a liability to the City. 3. Previously required a response within five working days. The required days for response was increased to 10 days, and provisions were included in the definitions to establish how days are calculated. Page 19 Memo Page 3 of 3 The number of days required for response were increased to address several issues, such as the increased volume of records being requested as well as the increased number of staff hours being utilized to address public records request. 2 AAC 96.325 establishes that no later than 10 working days the agency will provide the records, or advise the requestor the record is non-disclosable, or extend the 10-day response time by providing notice to the requester stating the reason and the date when the records will be disclosed.  10.40.090 Fees for Copying, Search and Production. This section incorporated the following sections of the Appendices: 1.01 Copies; 1.02 Certified Copies; 1.03 Production Fee; and 1.04 Estimate and Advance Payment. Production fee was expanded to include search fees as well. This is intended to clarify that when responding to a request for public records the search time and production time are both accounted for when establishing the staff time spent on requests for records.  10.40.100 Waiver and Reductions in Fees. This section incorporates 1.06 Indigency from the appendices and includes new language which aligns with AS 40.25.110 (d) and allows the fees to be waived if the records are to be used for a public purpose. This section also incorporates Appendices 2.05 Bad Faith of Affidavit of Indigency.  10.40.110 Denial. This section was expanded to include reasons why a request may be denied and incorporates in part the previous Appendices section 5.01 Written Response.  10.40.120 Appeal. As explained earlier in the memo appeals to the City Council were removed, this new section establishes that the decision may be appealed to the Superior Court.  Appendices 1.05 Inspection Only. This section was left out entirely, a request for a record regardless if it were for inspection or copies would be handled in the same manner and incur the same search and possibly production fees.  Appendices 5.02 Response to Oral Requests. This section was left out, only routine requests may be made orally. If the department were not able to fill an oral request, the requestor would be referred to the Clerk’s Office and the request would then become a Non- Routine written request.  Appendices 5.03 When no Response is Deemed Denial. This section was left out, denial procedures in the new section 1.40.110 require a written denial from the Clerk. Page 20 KMC Chapter 10.40, Release of Public Records Page 1 of 5 The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. The following information is the current section of Kenai Municipal Code, Chapter 10.40 - Release of Public Records. The notes to the right indicate where or how these sections were or were not incorporated into the proposed new code. Chapter 10.40 10.40.010 Intent. It is the intention of the City to provide access of the public to municipal records and information consistent with the Alaska Public Records Act, so that the people of the City may be well informed at all times as to municipal business. With the exception of the specific exemptions set forth under Section 10.40.040, all information and records in the control of the municipality shall be made available to the public upon request. 10.40.020 Definitions. For the purposes of this chapter: (a) “Municipal agency” means any department, division, board, commission or private contractor, of the City, which has custody of public records as defined in this chapter. (b) “Public records” mean books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by the City or a municipal agency and that are preserved for their informational value or as evidence of the organization or operation of the City; “public records” does not include proprietary software programs. 10.40.030 Information available to the public. Except as provided by Section 10.40.040, or by other provisions of municipal, State or Federal law, all public records shall be open to inspection by any person subject to regulations regarding the time, place and manner of inspection which may be adopted by the City Council pursuant to Section 10.40.050. Documents are not required to be created in order to comply with an information request, but will be provided from documents/information that already exists. The types of records and information open to public inspection pursuant to this chapter shall include, but shall not be limited to, the following: (a) Financial and operational cost information, including information as to revenues, expenditures, indebtedness, formal departmental recommendations in regard to project priority, and after budget finalization, department budget requests; (b) Information relating to contracts to which the municipality is a party, including payment provisions, information relating to bids and requests for proposals received or solicited by Commented [SS1]: This section was substantially rewritten as 10.40.010 in the proposed new code. Commented [SS2]: This section was expanded to include additional definitions as 10.40.020 in the proposed new code. Commented [SS3]: Changed to “City” Commented [SS4]: Modified to exclude the list of record types, replaced with “means items, regardless of format or physical characteristics” Commented [SS5]: This section was not included. The new section intended to replace it is 10.40.030 and does not include an itemized list of records. Page 21 KMC Chapter 10.40, Release of Public Records Page 2 of 5 The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. the municipality, and information relating to the status of goods or services furnished pursuant to contract; (c) Regulatory, financial assessment and tax information concerning real property located within the municipality; (d) Compensation levels and fringe benefits accorded municipal officers and employees by law, including information in regard to the pay range and step grade of an employee or officer and statistical analyses or compilations relating to municipal practices and policies concerning compensation for various occupational groups, departments and divisions; (e) Statistical information and analyses concerning case loads, numbers and categories of persons for whom services were performed or treatment provided, results achieved and per patient and per unit cost; and (f) Feasibility, management, cost effectiveness and similar reports prepared by the municipality with municipal moneys. The foregoing enumeration of information available for public inspection is not designed to limit the categories of records and information that shall be made available to the public pursuant to this chapter. The policy of providing public access to public information shall be broadly and liberally construed. 10.40.040 Records exempted. The City shall not be required to release or disclose the following documents or records: (a) Communications of any kind between the municipal attorney and officers or employees of the City, or any other individual, firm or corporation containing a legal opinion, memorandum or other disclosure or information pertaining to any matter then in litigation or where litigation may be reasonably anticipated. This exemption does not extend, however, to any documents, records or other written communication that may have been made public prior to the commencement of litigation and public records which must otherwise be disclosed cannot be withheld on the grounds that they have been submitted to the municipal attorney; (b) All personnel records of City officers and employees, including, without limitation, employment applications, examination materials, and performance evaluations, records that reveal medical information about any specific individual; records that reveal the personal, intimate, or private life of an individual; and, in addition, any record the disclosure of which would constitute an unwarranted invasion of privacy; but this subjection does not protect from disclosure the following: (1) Employment applications of City officials appointed by the City Council, (2) Employment applications of the director of each department of the City, Commented [SS6]: This section was omitted. Instead of listing certain types of records exempted, in the Denial Section 10.40.110, it states a request may be denied if nondisclosure of the record is authorized by a Federal or State Law or regulation. Page 22 KMC Chapter 10.40, Release of Public Records Page 3 of 5 The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. (3) Performance evaluations of City officials appointed by the City Council to the extent the performance evaluations relate to the individual’s job performance and do not impugn an individual’s honesty, integrity, or morality outside of professional life, (4) The names and position titles of all City employees, (5) The current and prior positions held by a City employee, (6) The dates of appointment and separation of a City employee, and (7) The records described in Section 10.40.030(d). In the event of a request for disclosure of items described in subparts 1, 2, and 3 of this subsection, the City Manager, City officials and directors will be notified at least two (2) days prior to release of such records and may appeal the decision under KMC 10.40.060. (c) Records or information compiled for law enforcement purposes, but only to the extent the production of the law enforcement records or information: (1) Could reasonably be expected to interfere with enforcement proceedings, (2) Would deprive a person of a right to a fair trial or an impartial adjudication, (3) Could reasonably be expected to constitute an unwarranted invasion of the personal privacy of suspect, defendant, victim, or witness, (4) Could reasonably be expected to disclose the identity of a confidential source, (5) Would disclose confidential techniques and procedures for law enforcement investigations or prosecutions, (6) Would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law, or (7) Could reasonably be expected to endanger the life or physical safety of an individual; (d) Information such as name, address, etc., that would identify complainants in actions to enforce any City regulation or ordinance, except as such disclosure may become necessary to a fair and just disposition of the enforcement proceeding; Page 23 KMC Chapter 10.40, Release of Public Records Page 4 of 5 The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. (e) Records held by the City concerning any customer using municipal services, release of which would be unwarranted invasion of privacy; (f) Engineering or other technical specifications or data which might provide a competitive advantage to any person, firm, or corporation engaged or potentially to be engaged in municipal business; (g) Information obtained by and in the custody of insurance carriers insuring the municipality and their attorneys and agents regarding possible and pending claims against the municipality; (h) Medical and related public health records; (i) Records pertaining to juveniles unless disclosure is authorized by law; (j) Records required to be kept confidential by law; (k) Any record, nondisclosure of which is authorized by a valid Alaska or Federal statute or regulation, or by a privilege, exemption, or principle recognized by the courts, or by a protective order authorized by law; and (l) Sales tax information excluded from disclosure by KPB 5.18.040 as amended. (Ord. 2396-2009) 10.40.050 Regulation of time, place and manner of inspection of public records. The City Council shall adopt regulations as to the time, place, and manner of inspection of public records held by the municipality. Such regulations may also provide: (a) That a fee may be required. The fee shall not exceed the actual cost to produce the information requested. In the event the person is unable to pay any requested fee, and signs an affidavit to the effect that he or she is indigent, there will be no cost to the above- described person. See Appendix, Public Record Inspections Regulations, Section 1.06. (b) The form in which the specific documents shall be made available. Documents need not be reproduced in the exact form or medium in which they are stored. However, any alteration of the form or medium of public record shall not change the substantive content of the information contained in the public record. When the actual content is changed, the nature of the change and why it was necessary shall be communicated to the requestor. Commented [SS7]: Substantially modified in proposed 10.40.060 to include the regulations which were adopted by council and included in the Appendices. Commented [SS8]: Fees are established in proposed 10.40.090 and indigency was included in 10.40.100 Commented [SS9]: This information was incorporated into the proposed 10.40.030 Page 24 KMC Chapter 10.40, Release of Public Records Page 5 of 5 The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. Regulations adopted pursuant to this section shall be posted in a conspicuous manner at City Hall. (Ord. 2396-2009) 10.40.060 Response to requests for public records. All requests for public information or records shall be approved by the City Clerk. The City Clerk, or designee shall, consistent with the orderly conduct of municipal business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records made pursuant to this chapter. To effect this policy, the following guidelines are adopted: (a) Information pursuant to this chapter shall be furnished promptly to the requesting party unless the information requested is declared privileged or confidential pursuant to applicable Federal, State or municipal law. If the City Clerk or designee considers the information to be privileged, after consultation with the City Attorney, he or she shall prepare a slip setting forth the date, the item of information requested, the specific provision of applicable State, Federal or municipal law exempting the requested information from disclosure. A copy of this slip shall be provided to the party requesting the information. (b) A decision regarding a request for information or inspection of public records may be appealed to the City Council and a written reply will be given within seven (7) working days from the Council’s consideration thereof either granting or denying the appeal. An appeal from the decision of the Council shall be to the Superior Court. (c) All requests for records and information made pursuant to this chapter shall be responded to within a reasonable time period. If the records and information cannot be located in time to make a response within five (5) working days of the request, the requesting party shall be promptly advised, and, if the requesting party still desires the information or records, a reasonable and diligent search shall continue. (d) If a request is deemed non-routine or large, written notification will be made to the requestor within five (5) working days with an estimate of production costs pursuant to KMC 10.40.060(c) and Appendix, Public Record Inspections Regulations, Regulation 1, Fees. (Ord. 2396-2009) Commented [SS10]: Rewritten as proposed 10.40.080 Page 25 The Kenai Municipal Code is current through Ordinance 3338 -2023, passed March 15, 2023. The following information is the current section of the Kenai Municipal Code, Appendices on Public Records Inspections. The notes to the right indicate where or how these sections were or were not incorporated into the proposed new code: PUBLIC RECORD INSPECTIONS REGULATIONS 1. FEES. 1.01 Copies. The fee for copying public records including paper documents, audio recordings, cassettes, and compact discs shall be a per copy fee as set forth in the City’s schedule of fees adopted by the City Council. The first ten (10) copies of paper documents are free. (Ord. 2396-2009; Res. 2011-12) 1.02 Certified copies. The fee for a certified copy of a document will be the City’s standard certification fee, plus the standard copying fee, both as set forth in the City’s schedule of fees adopted by the City Council. Only the City Clerk or Deputy City Clerk will certify documents. (Ord. 2396-2009; Res. 2011-12) 1.03 Production fee. If the production of records for one requestor in a calendar month exceeds five (5) person hours, the requestor must pay a production fee. The production fee will be the City employee’s actual salary, plus benefit costs, for the time required over five (5) hours during the month to search, review, and copy the records. If multiple City employees compile the requested records, a composite hourly rate for all employees involved will be determined and a credit for five (5) hours at that rate will be applied. The production fee will be in addition to the standard copying fee. Example of composite rate calculation is: Commented [SS1]: Modified version included in 10.40.090(a) Commented [SS2]: Modified version included in 10.40.090(b) Commented [SS3]: Modified to include search fees and included in 10.40.090(c) The composite rate calculation table was omitted. Page 26 The Kenai Municipal Code is current through Ordinance 3338 -2023, passed March 15, 2023. Employee A 15 hours @ $50/hour = $750.00 Employee B 4 hours @ $75/hour = $ 300.00 Employee C 2 hours @ $35/hour = $ 70.00 Totals 21 hours $1,120.00 $1,120 ÷ 21 (total hours) = $53.33 (composite rate) $1,120 - ($53.33 x 5 free hours) = $ 853.35 to be paid by FOIA Requestor (Ord. 2396-2009) 1.04 Estimate and advance payment. If a production fee is required or anticipated under Section 1.03, the City staff will prepare an estimate of the production fee and copying fee that are expected to result from producing the requested records. The requestor must deposit the estimated production and copying fees in advance of the search. If the actual production and copying fees are less than the estimate, the requestor will be given a refund of the difference. If the actual production and copying fees are greater than the estimate, the records will not be released to the requestor until the requestor pays the difference. (Ord. 2396-2009) 1.05 Inspection only. There will be no fee for simple inspection of records, except when the production of the records for inspection by one requestor in a calendar month exceeds five (5) person-hours. In that case, the requestor will be required to pay the production fee as described in Section 1.03. (Ord. 2396-2009) 1.06 Indigency. If a person is unable to pay a fee, and signs an affidavit to the effect that he or she is indigent, then the City Clerk will waive the copying fee and production fee, except when the City Clerk, Commented [SS4]: Modified in proposed 10.40.090 (e) Commented [SS5]: Inspection only was omitted. The new proposed code does not identify the difference between request to inspect vs requested copies, all fees are applied equally related search and production. Commented [SS6]: Modified and included in proposed 10.40.100 (c) Page 27 The Kenai Municipal Code is current through Ordinance 3338 -2023, passed March 15, 2023. based upon reliable information, determines the affidavit of indigency is made in bad faith or fraudulently. Annual Income as a Percent of Current Health and Human Services (HHS) Poverty Guidelines for Alaska Percent of Fee Reduced 1—100% 100% Waiver 101—149% 75% Waiver 150—174% 50% Waiver 175—199% 25% Waiver 200% plus No Waiver An application for indigency may be filed with the City Clerk for waiving or partially waiving the costs of record reproduction. The City Clerk may allow an applicant, who qualifies as an indigent, a reduced record reproduction fee, a payment plan or a waiver of the filing fee where the City Clerk is able to make a written finding, based on information provided by the applicant that payment of the record reproduction fee would be a financial hardship. Based upon the information provided, the fee may be reduced or waived in accordance with the above scale. As required by AS 40.25.110, any fee waiver or reduction must be uniformly applied to persons who are similarly situated. (Ord. 2396-2009) Page 28 The Kenai Municipal Code is current through Ordinance 3338 -2023, passed March 15, 2023. 2. REQUIREMENTS FOR PUBLIC RECORD REQUESTS—APPROVALS AND DENIALS. 2.01 City Clerk approval. According to Kenai Municipal Code, Chapter 10.40, all requests for public information or records are to be approved by the City Clerk, after consultation with the City Manager and City Attorney. (See Regulation 5.01.) The City Clerk, or designee, will, consistent with the orderly conduct of City business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records. (Ord. 2396-2009) 2.02 Routine requests. Routine requests for inspection or copying of records may be approved (but not denied) and responded to by the City Clerk, Deputy City Clerk, or the Department Head of the department in which the records are located. They may act as the City Clerk’s designee for the approval of routine requests. For purposes of these regulations, a routine request is a request for records that are clearly to be made available to the public, and which can be responded to quickly without a substantial amount of effort or time by the City staff. Routine requests may be submitted orally or in writing. (Ord. 2396-2009) 2.03 Non-routine requests. Non-routine requests for inspection or copying of records must be made in writing and referred to the City Clerk for approval or disapproval. Non-routine requests include, but are not limited to, requests for records that are or might be exempt from disclosure, requests that will or might be denied for any reason, requests that will take more than one (1) person-hour of staff time to respond, and requests from a person involved in litigation with the City. (Ord. 2396-2009) 2.04 Aggregation of certain requests. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines one (1) or more individuals have made one (1) or more requests for public records on behalf of another person or group for the purpose of dividing a request into smaller parts to avoid the payment of a production fee (for production of records requiring more than five (5) Commented [SS7]: Modified as proposed 10.40.080(a) Commented [SS8]: Routine request was included in the definitions and modified in proposed 10.40.050 Commented [SS9]: Non-Routine Request was included in definitions, there is no longer a specific section dedicated to it, instead it has been included where applicable in multiple sections: 10.40.060(b) 10.40.080 (a), (b), (b)(3), Commented [SS10]: Included as proposed 10.40.040(d) Page 29 The Kenai Municipal Code is current through Ordinance 3338 -2023, passed March 15, 2023. person-hours of staff time per month), the City Clerk will aggregate all such requests and treat them as one (1) request made by person. (Ord. 2396-2009) 2.05 Bad faith affidavit of indigency. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines a person has made an affidavit of indigency in bad faith or fraudulently for the purpose of avoiding payment of production, copying, or other fees, the City Clerk will deny the waiver of the fees. (Ord. 2396-2009) 2.06 Harassment request. If the City Clerk, in good faith, after consultation with the City Attorney, reasonably determines a request for copies or inspection of records is not made in good faith, and is made for the purpose of harassment of the City or City officials, or to purposely interfere with the orderly conduct of City business, the City Clerk will deny the request. Such a determination will be made only after notice and an opportunity for the requestor to be heard by the City Clerk. (Ord. 2396-2009) 2.07 Description of records requested. A requestor must describe the records sought in sufficient detail to enable the City to locate and identify the records sought. If the records are described by the requestor in general terms, the city staff shall attempt to communicate with the requestor to identify the records requested and lessen the administrative burden of processing an overly broad request. If the request is not sufficient to allow the staff to identify the requested records, the requestor shall be notified promptly by the City Clerk, the request cannot be approved or processed until a sufficient description of the record is received. (Ord. 2396-2009) Commented [SS11]: Modified and included in proposed 10.40.100 (c) last sentence. Commented [SS12]: Included in proposed 10.40.040 (e) Commented [SS13]: Included in proposed 10.40.040(c) Page 30 The Kenai Municipal Code is current through Ordinance 3338 -2023, passed March 15, 2023. 3. TIME AND PLACE OF INSPECTION. 3.01 Routine requests. A routine request for records will be responded to promptly at the office where the records are kept, or another City office if more convenient to the City, during business hours at a time that does not interfere with the orderly conduct of City business. If the records cannot be produced within five (5) working days, the requestor will be advised. (Ord. 2396-2009) 3.02 Non-routine requests. Records in response to an approved non-routine request will be made available for inspection or copying at City Hall, under the direction of the City Clerk or the City Clerk’s designee. For the convenience of the City, the City Clerk may designate an inspection location elsewhere in the City. The time for inspection will be during business hours. The City Clerk will advise the requestor of the specific time and date on which the inspection may occur. If, and to the extent necessary to maintain the orderly conduct of city business, the City Clerk may limit the days and hours when inspection and copying of public records may occur. (Ord. 2396-2009) 3.03 Large requests. If a request is made for inspection or copying of a large volume of public records, the City Clerk, after consultation with the City Attorney, may require the requestor to make a written designation of the order in which the requestor wants the records produced. When such order is designated by the requestor, the City will attempt to produce the records in that order. Requests for inspection or copying of a large volume of public records, or requests that will require the City to search or review a large volume of public records, will be responded as City staff time permits. The orderly conduct of City business will not be interrupted to make fast response to such a request. It is reasonable the maker of such a large request should expect an extended time for response. The City Clerk will advise the requestor of the estimated time in which the response will be made. (Ord. 2396-2009) Commented [SS14]: Modified and included in proposed 10.40.050 Commented [SS15]: Substantially modified in proposed 10.40.080 b 1-3 Commented [SS16]: Modified in 10.40.060 (c) Page 31 The Kenai Municipal Code is current through Ordinance 3338 -2023, passed March 15, 2023. 4. FORM OF RECORDS PRODUCED. 4.01 Form of records. The records of the City will normally be made available for inspection or copying in the format in which the City maintains or disseminates the records. Exact reproduction is not required, but any alteration of the form or medium of public records must not change the substantive content of the information, and if the actual content is changed, the nature of the change and the reason for the change will be communicated to the requestor. (Ord. 2396-2009) 4.02 Summarization or manipulation of records. The City is not required to compile or summarize its records in response to a request for information. The City is not required to manipulate its data to create new records in response to a request for information. (Ord. 2396-2009) 4.03 Partially disclosable records. If public records contain information that is disclosable in part and non-disclosable in part, the non-disclosable information shall be removed prior to disclosure. (Ord. 2396-2009) 5. WRITTEN DETERMINATIONS AND APPEALS. 5.01 Written response. If the City Clerk, after consultation with the City Attorney and City Manager, makes an adverse determination, in whole or in part, to a written public records request, the City Clerk will provide a written response setting forth the adverse determination. It will include a description of the records requested, a description of the records that will not be provided, and the reasons for the adverse determination, including reference to provisions of law or regulations, facts, and other information relied upon. The City Clerk’s written response will also include a notice the requestor has a right to appeal to the City Council. (Ord. 2396-2009) Commented [SS17]: Modified, included in proposed 10.40.030 Commented [SS18]: Incorporated into proposed 10.40.030 (b) Commented [SS19]: Modified and included in 10.40.030 (c) Commented [SS20]: Modified and incorporated in proposed 10.40.110 b Page 32 The Kenai Municipal Code is current through Ordinance 3338 -2023, passed March 15, 2023. 5.02 Response to oral requests. Oral requests may be accepted for a routine request. Oral requests for records will not be accepted for a non-routine request or receive a written response from the City Clerk unless the requestor is unable to make a written request because of inability to write or because of mental or physical disability. In that case, the City staff will assist the requestor in making a request that will be responded to and treated as a written request for all purposes under these regulations. (Ord. 2396-2009) 5.03 When no response is deemed denial. If the requestor receives no response to a written request for records within five (5) working days of making that request, the requestor may file with the City Clerk a written demand for a written response. If the City Clerk does not give a written response to that demand within three (3) working days of the City Clerk’s receipt of the demand, the request for records will be deemed denied. (Ord. 2396-2009) 5.04 Appeal to City Council. A denial, in whole or in part, a deemed denial, or any adverse written determination by the City Clerk in response to a written request for public records may be appealed by the requestor to the City Council. An appeal must be filed in writing at the Office of the City Clerk within thirty (30) days of the date the decision was mailed to the requestor. The City Council will hear the appeal and issue a written decision within thirty (30) days of the date the appeal was filed at the Office of the City Clerk. There shall be no filing fee for the appeal to the City Council. (Ord. 2396-2009) 5.05 Appeal to Superior Court. A final decision of the City Council on an appeal from a decision of the City Clerk may be further appealed to the Superior Court. Such an appeal must be made under the court rules of procedure governing appeals to the Superior Court. (Ord. 2396-2009) Commented [SS21]: Included in proposed 10.40.040 (b) Commented [SS22]: Not included Commented [SS23]: Omitted Commented [SS24]: Included in proposed 10.40.120 Page 33 The Kenai Municipal Code is current through Ordinance 3338 -2023, passed March 15, 2023. The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.kenai.city City Telephone: (907) 283-7535 Code Publishing Company, A General Code Company Page 34 Sponsored by: Gabriel, Knackstedt, Baisden, Daniel, Askin, Sounart, Douthit New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3382-2023 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE CHAPTER 7.05 TAXATION OF REAL AND PERSONAL PROPERTY TO PROVIDE AN EXEMPTION ON THE FIRST $100,000 OF ASSESSED VALUATION OTHER THAN MOTOR VEHICLES AND WATERCRAFT OWNED BY EACH TAXPAYER AND MAKING HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code (KMC) 7.05 defines the City’s taxation, as well as any exemptions to the taxation of real and personal property; and, WHEREAS, Kenai Municipal Code currently requires all personal property, (except residential personal property) including aircraft, motor vehicles, and watercraft, be subject to taxation; and, WHEREAS, motor vehicles are taxed by the State of Alaska through the vehicle registration process, and funds are remitted to the Kenai Peninsula Borough, which distributes the City’s proportional share; and, WHEREAS, a house keeping amendment to KMC Chapter 7.05 to clarify motor vehicle taxation is in the best interest of the City and its residents; and, WHEREAS, the current business personal property tax is burdensome to many business owners within the City and is not consistent with neighboring communities; and, WHEREAS, the Kenai Peninsula Borough and the City of Soldotna have a $100,000 exemption for business personal property, excluding aircraft and watercraft, for each taxpayer; and, WHEREAS, implementation of a $100,000 exemption consistent with that of the Kenai Peninsula Borough and City of Soldotna will remove the reporting burden to many Kenai business, and the tax savings represent an investment by the City and its residents in the City’s businesses; and, WHEREAS, based on the current certified main role, it is estimated that exempting the first $100,000 of business personal property, other than motor vehicles and watercraft, from property taxes would result in a maximum tax reduction of $435 per business and an approximate $35,000 loss in annual tax revenue to the City; and, WHEREAS, the exemption of the first $100,000 of business personal property other than aircraft, motor vehicles, and watercraft is in the best interests of the City of Kenai and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 7.05 of Kenai Municipal Code: That Kenai Municipal Code, Section 7.05-Taxation of Real and Personal Property, is hereby amended as follows: Page 35 Ordinance No. 3382-2023 Page 2 of 8 New Text Underlined; [DELETED TEXT BRACKETED] Chapter 7.05 TAXATION OF REAL AND PERSONAL PROPERTY 7.05.010 Property subject to taxation. (a) All real and personal property not expressly exempt by law shall be subject to annual taxation at its full and true value based upon the actual value of the property assessed. This shall not apply to property subject to a flat tax and/or exempted from the ad valorem tax in this chapter. (b) The rate of levy of tax shall be fixed by resolution of the City Council, but the aggregate thereof shall not exceed three percent (3%) of the assessed value of the property assessed. [(C) IN ADDITION TO EXEMPTIONS PRESENTLY AUTHORIZED BY THE KENAI PENINSULA BOROUGH, THE INVENTORY OF A BUSINESS HELD FOR RESALE IN THE NORMAL COURSE OF THAT BUSINESS IS HEREBY CLASSIFIED AS PERSONAL PROPERTY EXEMPT FROM TAXATION FOR THE CITY OF KENAI.] 7.05.020 Assessment—Collection by Kenai Peninsula Borough. The Kenai Peninsula Borough shall assess and collect all property taxes levied for City purposes on property within the boundaries of the City of Kenai [AS PROVIDED IN AS 07.15.320. The procedures for assessment and collection shall be as provided by statutes of the State of Alaska. 7.05.030 Senior citizen’s tax exemption. The provisions of [AS 29.45.030] Alaska Statutes that set out mandatory Senior Citizen tax exemptions are hereby incorporated herein by reference as though set forth verbatim herein. 7.05.035 Community purposes exemption. Property of an organization not organized for business or profit-making purposes and used exclusively for community purposes is exempt from taxation under this chapter. Property or a part of the property from which rentals or income are derived is not exempt from taxation unless the income derived from the rentals does not exceed the actual cost of the owner of the use by the renter. 7.05.036 Personal Property Tax Exemptions. (a) The inventory of a business held for resale in the normal course of that business is hereby classified as personal property exempt from taxation for the City. Page 36 Ordinance No. 3382-2023 Page 3 of 8 New Text Underlined; [DELETED TEXT BRACKETED] (b) The first $100,000 of assessed valuation of personal property, other than aircraft, motor vehicles, and watercraft owned by each taxpayer shall be exempt from the levy on personal property within the City. For taxpayers with more than one personal property tax account, the $100,000 exemption will be distributed pro rata amongst all of the taxpayer’s accounts to the total assessed value of the taxpayer’s personal property. 7.05.040 Procedure for applying for exemption. The procedure for applying for the exemptions provided for herein in KMC 7.05.030 shall be accomplished as provided in applicable Alaska Statutes [AS 29.45.030]. 7.05.050 Direction to apply for State subsidy. [PURSUANT TO AS 29.45.030, A] A recovery of revenues lost through tax exemptions is provided for, and the administration is hereby directed to make such applications or take such actions as may be required in order to secure the reimbursement for revenues which may be lost.[BY AS 29.45.030]. 7.05.060 Exemption of State augmented. If a person qualifying for a[N] mandatory exemption from real property tax [PURSUANT TO AS 29.53.020(a)] does not receive an exemption of a value of two hundred fifty dollars ($250.00), then the City shall exempt such person for taxes up to the total sum of two hundred fifty dollars ($250.00). 7.05.070 Disabled persons’ exemption. One (1) piece of residential property owned and occupied by a citizen disabled within the meaning of the provisions of the U.S. Social Security Act and found to be totally disabled by administrators thereof, who is a resident of the City of Kenai, Alaska, shall be exempt from so much of such property tax levy by the City up to and including the sum of two hundred fifty dollars ($250.00), providing such citizen is head of the household and providing that not more than one (1) exemption shall be allowed on any one (1) piece of real property. This exemption is not automatic, but must be applied for prior to the fifteenth day of January during the year that such citizen is qualified. The first year for qualification pursuant to this enactment shall be the calendar year 1973 and the deadline for applying shall be not later than the fifteenth day of January, 1973. Application shall be made in the same fashion as provided for senior citizens of sixty-five (65) years of age or more. Page 37 Ordinance No. 3382-2023 Page 4 of 8 New Text Underlined; [DELETED TEXT BRACKETED] 7.05.075 Property tax credit—Residential sprinklers. (a) Credit. The owner(s) of a newly constructed one- or two-family dwelling who installs, and/or has certified, a compliant sprinkler system by a qualified installer may receive a credit against the City of Kenai property taxes. (b) Amount of Credit. The credit allowed under this section for a residential sprinkler system is the lower of the eligible cost to the owner of the property for the installation of the system or two dollars ($2.00) per square foot of the dwelling (excluding attached garages). “Eligible cost” means the cost of the sprinkler system including labor and materials required to comply with the minimum standard established by code. (c) Carry Over. The amount of credit in any tax year must not exceed the amount of the City of Kenai property tax imposed on the property benefitted by the credit in that tax year. Any amount of a credit not taken in the tax year in which an application is approved may be carried over in subsequent years until the full credit is granted. (d) Application. (1) A property owner must submit an application for the tax credit to the Finance Department on or before the date that the Finance Department sets which date shall be no later than April 30 of each year. Applications filed after April 30, or applications that are incomplete as of the date set for filing by the Finance Department, will be retained and, once complete, evaluated for a tax credit for the next succeeding year. (2) An application must: (A) Be on the form that the City requires; (B) Demonstrate that the taxpayer is entitled to the credit; and, (C) Include a certificate of occupancy from the City of Kenai’s building official indicating that the system for which the credit is sought meets the requirements of the 2009 International Residential Building Code (or subsequent edition adopted by the City). (e) Appeal. If the tax credit is denied, or if less costs for the installation of the system are allowed than the applicant believes appropriate, the applicant may appeal that decision to the City Manager on a form provided by the City. Appeals shall be filed with the City Manager within fifteen (15) days of the date of any decision under this section. In reviewing an appeal, the City Manager shall consider whether the sprinkler system meets the requirements of this section; the costs were necessarily incurred to install the system in accordance with this section and applicable codes; and the application for the tax credit was timely filed. (f) The credit authorized by this section applies to any tax year beginning January 1, 2012. Page 38 Ordinance No. 3382-2023 Page 5 of 8 New Text Underlined; [DELETED TEXT BRACKETED] 7.05.080 Personal property tax—Assessments—Aircraft. (a) Purposes of taxation, aircraft that have been issued an N number by the Federal Aviation Administration (“FAA”) by January 1st of the tax year shall be totally exempted from ad valorem taxes and shall be taxed in accordance with the schedule at the end of this section. (b) The owner of record of an aircraft that has been dismantled, destroyed or crashed and the FAA N number has been retained by the aircraft’s owner of record may submit to the assessor on an approved form “Aircraft Statement of Condition” that would allow for ad valorem taxation of that aircraft if approved. Aircraft for which such registration or licensing has lapsed or that has not passed the annual inspection required by the FAA shall not qualify on this basis alone for ad valorem taxation unless it has been dismantled, destroyed or crashed. (c) Commercial aircraft operated under a regular schedule by a scheduled airline shall be exempt from the flat tax and shall be taxed on an ad valorem basis in accordance with the KPB landing schedule formula. The KPB landing schedule formula provides for the prorated calculation of scheduled aircraft by dividing the total hours per year into the total time aircraft operated by a scheduled carrier are in the KPB, and multiplying the result by the assessed value of each aircraft. (d) Definitions. (1) “Aircraft” means any engine powered contrivance invented, used, or designed to navigate, or fly in, the air and that is capable of being manned and is required by the FAA to be registered and certified in order to be manned. (2) “Aircraft engine” means an engine used, or intended to be used, to propel an aircraft, except the tail rotor of a helicopter. (3) “Commercial aircraft” means any aircraft transporting passengers and/or cargo for some payment or other consideration, including money or services rendered. (4) “Crashed” means aircraft for which only parts remain that, due to their condition, can no longer be assembled to create any contrivable aircraft. This shall be evidenced by a FAA accident report and/or copy of an insurance claim that determines the aircraft to be a total loss. (5) “Destroyed” means aircraft that have been damaged by age, weather, neglect and/or external influences outside the owner’s control, and only unusable parts remain that, due to their condition can no longer be assembled to create any contrivable aircraft. This shall be evidenced by photographs and a physical inspection by the KPB Assessing staff appraiser if deemed necessary by the borough assessor. (6) “Dismantled” means aircraft that have been voluntarily disassembled and only parts remain that can no longer be assembled to create any contrivable aircraft. Evidence such as Page 39 Ordinance No. 3382-2023 Page 6 of 8 New Text Underlined; [DELETED TEXT BRACKETED] photographs and a physical inspection by the KPB Assessing staff appraiser shall be provided or allowed if deemed necessary by the borough assessor. (7) “Scheduled airline.” A “scheduled airline” means any individual, partnership, corporation or association: (a) Engaged in air transportation under regular schedules to, over, away from, or within the U.S.; and (b) Holding a Foreign Air Carrier Permit or a Certificate of Public Convenience and Necessity, issued by the Department of Transportation pursuant to 14 CFR Parts 201 and 213. (e) An aircraft owner may appeal the determination of the borough assessor under this section using the procedures set out in KPB 5.12.050—060. AIRCRAFT FLAT TAX SCHEDULE BASED ON (MGWIL) Manufacturer’s Gross Weight with an Internal Load Fixed Wing Rotorcraft/Rotary Wing Class Weight Annual Tax Class Weight Annual Tax 1 Less than 2,000 lbs $0 1 Less than 1,500 lbs $0 2 2,000 to less than 4,000 lbs $0 2 1,500 to less than 3,500 lbs $0 3 4,000 to less than 6,000 lbs $0 3 3,500 lbs or more in weight $0 4 6,000 to less than 12,500 lbs $0 5 12,500 lbs or more in weight $0 Page 40 Ordinance No. 3382-2023 Page 7 of 8 New Text Underlined; [DELETED TEXT BRACKETED] 7.05.090 Personal property tax—Assessments—Watercraft. (a) For purposes of taxation, watercraft for which the United States Coast Guard certificate of number, or U.S. or foreign documentation, or State of Alaska Department of Motor Vehicles boat registration, or a State of Alaska Department of Fish and Game number has been issued, or other form of maritime licensing have been issued by January 1st of the tax year shall be subject to ad valorem taxes of the City. This shall not apply to any class of watercraft exempted from the ad valorem tax in this chapter. (b) For purposes of taxation, the City adopts the following classification schedule for watercraft based upon the overall length of the watercraft: Class Overall Length 1 Less than 15 feet 2 15 to less than 20 feet 3 20 to less than 25 feet 4 25 to less than 36 feet 5 36 to less than 60 feet 6 60 to less than 100 feet 7 100 or more feet in length (c) For purposes of taxation Class 1 and 2 watercraft are hereby classified as personal property exempt from taxation for the City of Kenai. 7.05.100 Motor Vehicle Taxation. Motor vehicles subject to the motor vehicle tax under Kenai Peninsula Borough Code are not subject to an ad valorem tax on personal property. 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 Page 41 Ordinance No. 3382-2023 Page 8 of 8 New Text Underlined; [DELETED TEXT BRACKETED] 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 20TH DAY OF DECEMBER, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: November 15, 2023 Enacted: December 20, 2023 Effective: January 19, 2024 Page 42 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: November 7, 2023 SUBJECT: Ordinance 3382-2023 – Personal Property Tax Exemption This memo provides information in support of amendments to the Kenai Municipal Code to provide an exemption on the first $100,000 of assessed personal property other than motor vehicles and watercraft and make other housekeeping changes. In February, a Kenai business owner contacted the Administration with the suggestion that the City consider this exemption which is similar to exemptions provided by the Kenai Peninsula Borough, City of Soldotna, and City of Homer. Since then, the Administration and the City Attorney reviewed KMC 7.05, which defines the City’s taxation policy, and determined that an amendment to the section related to motor vehicles taxation required an amendment to accurately reflect the practice used by the Kenai Peninsula Borough to distribute the City’s proportional share of this tax. The Administration also reviewed the current certified tax role to determine the effect of a $100,000 personal property tax exemption. Based on the current certified main role, it is estimated that exempting the first $100,000 of personal property, other than motor vehicles and watercraft, from business property taxes would result in a maximum tax reduction of $435 for a City of Kenai business and an approximate $35,000 loss in annual tax revenue to the City. Although the exemption will result in a loss of revenue, it is important to note that the current personal property tax is burdensome to many business owners within the City and is not consistent with neighboring communities that offer the exemption. The City has recently made strides in promoting economic growth through its partnership with the Kenai Chamber in promoting the City as open for business, creating development incentives and favorable lease provisions on City-owned lands, and implementing a program to assist Kenai businesses in improving Kenai storefronts. Enacting a $100,000 exemption will remove the reporting burden on many Kenai businesses and is consistent with the City’s mission to serve the citizens of Kenai through listening and leading; to promote growth, and continually improve services by balancing the wishes of the community with responsible management. Thank you for your consideration. Page 43 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-66 A RESOLUTION ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY24 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN FISHERIES MANAGEMENT AREA 14: COOK INLET AREA. WHEREAS, Alaska Statute 29.60.450 requires that for a municipality to participate in the FY24 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2022 from fisheries business activities; and, WHEREAS, regulation 3 AAC 134.060 provides the allocation method for available program funding to eligible municipalities located within fisheries management areas; and, WHEREAS, regulation 3 AAC 134.070 provides for the use, at the discretion of the Department of Community and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and, WHEREAS, utilization of the alternative allocation method under 3 AAC 134.070 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. City Council of the City of Kenai proposes to use an alternative allocation method for allocation of FY24 funding available within FMA 14: Cook Inlet Area in agreement with all other municipalities in this area participating in the FY24 Shared Fisheries Business Tax Program. Section 2. That the Kenai City Council by this Resolution certifies that the following alternative allocation method fairly represents the distribution of significant effects during 2022 of fisheries business activity in FMA 14: Cook Inlet Area: • That all municipalities share equally 50% of the allocation; all municipalities share the remaining 50% on a per capita basis. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 20TH DAY OF DECEMBER 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 45 PMEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: David Swarner, Finance Director DATE: December 13, 2023 SUBJECT: Resolution No. 2023-66 Adopting an Alternate Allocation Method for FY24 Shared Fisheries Business Tax The City receives revenue from the State of Alaska for fish tax collected by the State in two different methods. The Department of Revenue (DOR) distributes “Raw Fish Tax,” fisheries business taxes, fishery resource landing taxes, salmon marketing tax, and other seafood taxes from licensed seafood processors, floating processors, and seafood exporters, to eligible municipalities as prescribed in AS 43.77.060. The second method by which the City receives fish tax revenue is through the Alaska Department of Commerce Community and Economic Development (ADCCED) Shared Fisheries Business Tax Program. ADCCED receives 50% of the undistributed Raw Fish Tax from the DOR to distribute to impacted communities. For the Cook Inlet Fisheries Management Area, which the City is a part of, the amount to be distributed in FY24 is $6,498.49. Eleven communities will receive a portion of that amount with the City of Kenai estimated to receive $389.33. There are two methods of allocation for the Shared Fisheries Business Tax. The first method involves a lengthy application process in which the applicants must show the impact to their local community of the fishing industry. Once impact is shown, half of the total amount to be distributed ($3,249.24 for FY2024) is divided equally amongst the communities, and the remaining half ($3,249.24 for FY2024) is distributed based upon the impact shown in their application. The second method permits all communities in Fisheries Management Area to elect an alternate method of allocation. This alternate method eliminates the lengthy community application process. Since inception of the Share Fisheries Business Tax Program in fiscal year 1992, the communities of the Cook Inlet Fisheries Management Area have selected the alternate allocation method. A resolution like 2023-66 has been adopted every year since fiscal year 1992 and is a required step to elect the alternate allocation method. The alternate method elected by the Cook Inlet Fisheries Management Area for FY24 will again include an equal distribution of one-half the total and the remaining half is distributed based upon population of the community. The eleven communities in the Cook Inlet Fisheries Management Area are Anchorage, Homer, Kachemak, Kenai, Kenai Peninsula Borough, Seldovia, Seward, Page 46 Page 2 of 2 Resolution 2023-66 Page 2 of 2 Soldotna, Houston, and Palmer. Allocations to each community under the alternative allocation method will be the following: Anchorage $2,811.17 Kenai Peninsula Borough $839.80 Homer 372.24 Seward 346.22 Kachemak 330.55 Soldotna 363.69 Kenai 389.33 Houston 342.48 Seldovia 327.16 Palmer 375.85 Thank you for your consideration. Page 47 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-67 A RESOLUTION AUTHORIZING A CONTRACT AWARD AND CORRESPONDING PURCHASE ORDER FOR THE 2023 COMMUNITY WILDFIRE PROTECTION PLAN MITIGATION PHASE TWO PROJECT. WHEREAS, The Public Works Department in coordination with the Fire Department released the 2023 Community Wildfire Protection Plan Mitigation Phase Two Project on November 1, 2023 with bids due on November 29, 2023; and, WHEREAS, this project provides for the removal of beetle kill trees in the drainage area known as Cemetery Creek which extends from behind the float plane basin at the airport down through the cemetery across the highway ending near the Lee Shore Center; and, WHEREAS, the project was separated into three area maps encompassing a total area of 118.5 acres with approximately 84.75 acres identified for mitigation; and, WHEREAS, the following three bids were received on bid day: Bidders Base Bid Total Doug Koch Professional Tree Service $177,700 Bond Brothers LLC $220,350 Stumpy’s Tree Service $293,567 ; and, WHEREAS, Doug Koch Professional Tree Service was found to be the lowest responsive responsible bidder and the Administration recommends award to Doug Koch Professional Tree Service in the best interest of the City; and, WHEREAS, funding for this project is provided by grant funds from the Department of Natural Resources, Division of Forestry and Fire Protection and the USDA, Forest Service Fire, Fuels & Aviation Management, State and Private Forestry Alaska Region. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a contract award and corresponding purchase order to Doug Kock Professional Tree Service in the amount of $177,700 and issue a corresponding purchase order in that same amount. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 20TH DAY OF DECEMBER, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 48 Resolution No. 2023-67 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Approved by Finance: _________________ Page 49 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: December 13, 2023 SUBJECT: Resolution – Community Wildfire Protection Plan (CWPP) Phase Two This Resolution provides for a contract award for the 2023 Community Wildfire Protection Plan Mitigation Phase Two Project, which seeks to address significant beetle kill trees within the Cemetery Creek drainage area. The project was well viewed, with three bids received. Doug Koch Professional Tree Services, a local contractor currently contracted for the Phase One work, was the successful bidder at a total proposed cost of $177,700. The Maps below highlight the areas to be addressed. The terrain varies with some areas requiring hand felling due to lack of accessibility for larger equipment. The slash site recently established adjacent to the soccer fields will be a staging area for the project. Fire Chief Prior successfully applied for and received grant funding from the Department of Natural Resources Division of Forestry and Fire Protection to sufficiently cover the costs associated with this Work. This project will be a large step in mitigating approximately 84.75 acres of additional City property. Council’s support is respectfully requested. Page 50 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-68 A RESOLUTION DECLARING A PORTION OF OUTSIDE WAY AS DEDICATED ON TOWNSITE OF KENAI (US SURVEY 2970) IS NO LONGER NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO VACATION OF THE RIGHT-OF-WAY. WHEREAS, the City received a preliminary plat from Edge Survey and Design, LLC on behalf of the property owner, Peninsula Oilers Baseball Club, Inc., for a parcel merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B, Kenai Townsite Oilers Addition with a right-of-way (ROW) vacation of Outside Way between Cook Avenue and Riverview Drive, a utility easement vacation along Outside Way, and a 60-foot ROW dedication; and, WHEREAS, on November 29, 2023, the Planning and Zoning Commission passed Resolution PZ2023- 21 recommending that Kenai Peninsula Borough Planning Commission approve the preliminary plat for Kenai Townsite Oiler’s 2024 Addition with vacation of a portion of Outside Way; and, WHEREAS, the total area of the ROW vacation is approximately 0.085-acre; and, WHEREAS, Kenai Municipal Code Section 22.05.110, Determination as to need for public purpose, provides the City Council will determine whether a right-of way is needed for a public purpose by resolution; and, WHEREAS, the Peninsula Oilers Baseball Club, Inc. has stated the request for the ROW vacation is to allow them to have one contiguous property and an additional access easement, which will become a dedicated ROW on the subject preliminary plat; and, WHEREAS, the ROW vacation of a portion of Outside Way will not negatively affect public access; and, WHEREAS, it is determined that Outside Way between Cook Avenue and Riverview Drive is no longer needed for a public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That Outside Way between Cook Avenue and Riverview Drive as dedicated on Townsite of Kenai (US Survey 2970) is no longer needed for a public purpose and consenting to vacation of the right-of-way as shown in the preliminary plat for Kenai Townsite Oiler’s 2024 Addition. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 20TH DAY OF DECEMBER, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 51 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: December 12, 2023 SUBJECT: Resolution No. 2023-68 – Declaring a Portion of Outside Way as Dedicated on Townsite of Kenai (US Survey 2970) is No Longer Needed for a Public Purpose and Consenting to Vacation of the Right-of-Way The City received a preliminary plat from Edge Survey and Design, LLC on behalf of the property owner, Peninsula Oilers Baseball Club, Inc. for a parcel merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B, Kenai Townsite Oilers Addition with a right-of-way (ROW) vacation of Outside Way between Cook Avenue and Riverview Drive, a utility easement vacation along Outside Way, and a 60-foot ROW dedication. On November 29, 2023, the Planning and Zoning Commission passed Resolution PZ2023-21 recommending that Kenai Peninsula Borough Planning Commission approve the preliminary plat for Kenai Townsite Oiler’s 2024 Addition with vacation of a portion of Outside Way subject to the following condition: 4. Kenai City Council must consent to the ROW vacation of Outside Way between Cook Avenue and Riverview Drive is not needed for a public purpose and approve the ROW vacation. Peninsula Oilers Baseball Club, Inc. requested this ROW vacation in 1994 but never completed the final plat process. They are requesting the same ROW vacation for the same reason, that it would allow them to have one (1) contiguous property and there is an additional access easement, which will become a dedicated ROW on the subject preliminary plat. The vacation of Outside Way between Cook Avenue and Riverview Drive would not adversely impact public access since the 60-foot ROW dedication is approximately 120 feet from the portion of Outside Way that would be vacated. In accordance with Alaska Statutes § 29.40.140(b), no vacation of a City right-of-way and/or easement may be made without consent of the City Council. Furthermore, Kenai Municipal Code Section 22.05.110 states City Council will determine the reason of the land to include but not limited to right-of way or easement is no longer needed for a public purpose by resolution. This resolution will consent to the right-of-way vacation of Outside Way between Cook Avenue and Riverview Drive. Thank you for your consideration. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 52 Page 2 of 2 Attachments Revised Preliminary Plat – Kenai Townsite Oiler’s 2024 Addition P&Z Resolution PZ2023-21 Staff Report PZ2023-21 The City of Kenai I www.kenai.city Page 53 Resolution No. PZ2023-21 Page 2 of 3 WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision design standards, the preliminary plat, subject to the listed conditions, conforms to the minimum street widths, provides utilities/access easements, provides satisfactory and desirable building sites, and the on-site water and sewer systems will be subject to the regulatory requirements of the Public Works Department. 2. Pursuant to KMC 14.10.070(b)(2), the Commission may lessen the minimum width for minor streets to 50 feet. The required minimum width for minor streets is 60 feet but the street widths in the surrounding area are typically 30 feet. The existing public street easement is 40 feet and a 50-foot right-of-way dedication is substantial for the area and greater than the existing public street easement. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the subject zoning district. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. 5. The merged parcels will result in the existing structure to decrease in nonconformity with the current setback requirements and double frontage lots. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Kenai Townsite Oiler's 2024 Addition for a parcel merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B, Kenai Townsite Oilers Addition with a right-of-way (ROW) vacation of a portion of Outside Way, a utility easement vacation along Outside Way, and a 50-foot ROW dedication be approved subject to the following conditions. 1. The proposed 60-foot ROW dedication may be reduced to 50 feet, subject to the applicant providing acceptable evidence that a 50-foot ROW covers the existing road. 2. Correct the note reference from Note 8 to Note 6 for the indicated 5' Public Street Easement Note 8. 3. Revise the street suffix of the proposed street name, Oilers "Avenue" to "Street". 4. Kenai City Council must consent to the ROW vacation of Outside Way between Cook Avenue and Riverview Drive is not needed for a public purpose and approve the ROW vacation. Section 2. That the official street name for the 50-foot dedicated right-of-way be assigned to Oilers Street, subject to Kenai City Council adopting a resolution for the naming of a street within City limits. Page 56 SUMMARY Residence; West -Apartments; East -Vacant Lot and Single-Fami ly Residence The City received a preliminary plat from Edge Survey and Design, LLC on behalf of the property owner, Peninsula Oilers Baseball Club, Inc. ("Oilers") for a parcel merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B, Kenai Townsite Oilers Addition with a right-of- way (ROW) vacation of Outside Way between Cook Avenue and Riverview Drive, a utility easement vacation along Outside Way, and a 60-foot ROW dedication. In 1994, a preliminary plat to vacate Outside Way between Cook Avenue and Riverview Drive was approved by Kenai Planning and Zoning Commission, Kenai City Council, and Kenai Peninsula Borough Planning Commission (see attached Minutes and Related Documents). Unfortunately, a final plat was not recorded. Therefore, the applicant has submitted a preliminary plat for the same ROW vacation of Outside Way with the addition of a 60-foot ROW dedication as required by KMC 14 .10.070(b)(2). The representatives of Oilers indicated the same reasons as requested in 1994 for the ROW vacation of Outside Way since an additional access (i.e ., Public Street Easement) was developed and maintained by the City and the elimination of Outside Way would allow the Oilers to have one (1) contiguous property. The total area of the ROW vacation is approximate ly 0.085 acre. The combined parcel area with the vacated ROW and dedicated ROW will be approximately 1.157 acres. Kenai Municipal Code (KMC) Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be submitted to the City for review and provide recommendation to the Kenai Peninsula Borough Planning Commission. Furthermore, KMC Section 22.05 .110 states City Council will determined the reason of the land to include but not limited to rights-of way or easement is no longer needed for a public purpose by resolution. ANALYSIS The proposed parcel merger with the ROW vacation and ROW dedication meets the preliminary plat requirements and development requirements for the Central Commercial (CC) zoning district. In reviewing the surrounding plats, there appears to be a recorded 40-foot Public Street Easement under Book 28, Page 49 in Kenai Recording District (see attached Plat Nos. KN 94-91 and KN 95-34 ), where the proposed 60-foot ROW dedication would overlap it. The City currently maintains the 40-foot public street easement. Unfortunately, the subject easement is not referenced on the Certificate of Plat, however, staff requested a copy from the Archival Unit at the State's Recorder's Office but they are still searching for the document. The proposed ROW dedication would formalize the public street easement into a ROW with an official street name. The merged parcel will have access from Main Street, Riverview Drive, Cook Avenue, and the proposed ROW dedication. An installation agreement is not required since all the roads are City-maintained and City water and sewer lines are available to the proposed parcel. The Public Works Director reviewed the proposed preliminary plat and had no comments . The applicant has proposed the 60-foot ROW dedication to bear the street name, Oilers Avenue, however, the street suffix needs to change from "Avenue" to "Street" for consistency w ith KMC 14.15.010 Uniform numbering system. KMC 14 .15.140 author izes the Kenai City Council to name and rename streets within the City limits upon recommendation from the Planning and Zoning Commission and after consultation w ith the Kenai Peninsula Borough or any other affected municipality. The Kenai Peninsula Borough has no objection to naming the street to Oilers Street. Resolution No. PZ2023-21 Preliminary Plat Kenai Townsite Oiler's 2024 Addition Page 2 of 4 Page 60 Staff finds that the proposed preliminary plat meets the following Title 14 of Kenai Municipal Code (KMC) sections and aligns with the intent of the Kenai Zoning Code . 1. Pursuant to KMC 14.10 .070 Subdivision design standards, the preliminary plat , subject to the listed conditions , conforms to the minimum street widths, provides utilities/access easements , provides satisfactory and desirable building sites , and the on-site water and sewer systems will be subject to the regulatory requirements of the Public Works Department. 2. Pursuant to KMC 14 .10 .070(b)(2), the Commission may lessen the minimum width for minor streets to 50 feet. The required minimum width for minor streets is 60 feet but the street widths in the surround ing area are typically 30 feet. The existing public street easement is 40 feet and a 50-foot right-of-way dedication is substantial for the area and greater than the existing public street easement. 3. Pursuant to KMC 14 .24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the subject zoning district. 4. Pursuant to KMC 14.24.020 General Requirements , the preliminary plat meets City standards for minimum lot width and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. 5. The merged parcels will result in the existing structure to decrease in nonconformity with the current setback requirements and double frontage lots. STAFF RECOMMENDATION Staff finds that the proposed preliminary plat for Kenai Townsite Oiler's 2024 Addition to merge Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B , Kenai Townsite Oilers Addition, vacate Outside Way between Cook Avenue and Riverview Drive, vacate a util ity easement along the west side of Outside Way, and dedicate a 50-foot right-of-way (ROW) meets the general standards of Kenai Municipal Code, Chapter 14.10 Subdivision Regulations and Chapter 14 .24 Development Requirements Table, and hereby recommends that the Planning and Zoning Commission recommends approval of Resolution No. PZ2023-21 to Kenai Peninsula Borough, subject to the following conditions . 1. Reduce the proposed 60-foot ROW dedication to 50 feet. 2. Correct the note reference from Note 8 to Note 6 for the indicated 5' Public Street Easement Note 8 . 3. Revise the street suffix of the proposed street name, Oilers "Avenue" to "Street". 4. Kenai City Council must consent to the ROW vacation of Outside Way between Cook Avenue and Riverview Drive is not needed for a public purpose and approve the ROW vacation. 5. Kenai City Council adopt a resolution for the naming of the 50-foot dedicated ROW to Oilers Street. Resolution No. PZ2023-21 Preliminary Plat Kenai Townsite Oiler's 2024 Addition Page 3 of 4 Page 61 ATTACHMENTS Aerial Map Preliminary Plat, Kenai Townsite Oiler 's 2024 Addition Application with Certificate of Plat Original Townsite of Kena i {Plat No. KT) Kenai Townsite Oilers Addition (Plat No . KN 93-11) Original Townsite of Kenai Laddville Replat (Plat No. KN 94-91) Original Townsite of Kenai Laddville Replat No. 2 (Plat No. KN 95-34) KPB Planning Commission Minutes and Related Documents -January 10, 1994 Planning and Zoning Commission Minutes -January 12 , 1994 City Council Minutes -January 19, 1994 Resolution No. PZ2023-21 Preliminary Plat Kenai Townsite Oiler's 2024 Addition Page 4 of 4 Page 62 RECEIVED CITY O F KENAt OCT 19 2023 .. l"l Planning j Prelimin.,t'~::~ /J ,. lZoninLn. Cilyof~ -and-u;ming~ 2 f 0 F°Milllgo Avenlle Kenai. AK IJQ611 ~ Submittal Form (tl07) 283-8200 plArntgQtenaicil:y -.li:enal~ @HJ,ih,_.,_llII ■-••••• J.lll\ Name: G')<e-1 .>vrv.f1/ ct.,,J ~~ hr1 LIL~ Maiing Addcess: POBoi203 / Oty: !l(as1Jof II state: !AK jZipCode: 199610 Phone Number(s): 907-283-9047 Email: Jasoo@edgesurvey.net !,_!i!'ltJ!l~tl'•fJ~l:IH Name: PerUnsula OJ!ers Baseball CfUb Inc. -Mike l_Jce Mailing Address: POBox318 City: !Kenai State:IAK l2ip Code: l996t1 R1ooe Nwnber(s): Mike Tice 907-830-8149 Email: '1lUce@oilersbaseball.com ,!._.!Jll·1 ••-• ,u'llllilt1•l ~-••••111~1 Kenai Peninsula Borough Parcel#.. !04710211, 04710212, 0471oi04 Cunent Cily Zoning: central Commercial Use: ..J Residential 'Recreational : aJ Commercial tl§l other: ---~ - Water: ,-.,OnSile ■City OCammunity Sewer: C OnSi1e •av □Community ~11,u., • .-,,1~1 Prefiminary PJal Name: Kenai Tov..nslte Oitem 2023 Repla t Re\lised Preliminary Pf.rt Name: Vacation of Pubic Right-of-Way: ■Yes □No Street Name (a vacating ROW): Outside Way and Public Street Easement Excep1ions Requi'ed and Requested:: Nooo Comments: 1m1ttr1111m:111 ~r -~~,~~ ~ ,WI Certificafe to Plat Ill (1) 24"' x 36'" Plat II {2) 11· x 17'" Rats 11/ . .,,. '~ ii ~ ~~ ..• Lir•m~3r.E=1 Signature: -I Dat.e: 110.S-2023 PmtName: Michael Tice ITdte/Business: President - - Page 65 ( Stewart Pitle of tne 'l(pzai {J'eninsu{a, Inc. Edge Survey and Design, LLC. PO Box 208 Kasilof, AK 99610 Attention: Jason Young Gentlemen: 35681 Kenai Spur Hwy .• Unit B Soldotna, AK 99669 Tel: (907) 260-8031 Fax: (907) 260-8036 CERTIFICATE TO PLAT This is a certificate as of August 25, 2023 at 8:00 A. M. for e plat out of the following property: Fite Number: 23336 Premium: $350.00 Tax: Lots Five "A" (5A) and Five "B" (58), Block Eighteen {18), KENAI TOWNSITE OILERS ADDITION, according to Plat No. 93-11, Kenai Recording District, Third Judicial District, State of Alaska. and Lot Four (4), Block Eighteen (HI), ORIGINAL TOWNSITE OF KENAI, U.S. Survey No. 2970 A & 8, Kenai Recording District, Third Judicial District, State of Alaska. The Company certifies that record title is vested in The Peninsula Oilers Baseball Club, Inc., an Alaska corporation an estate in fee simple, free from all liens, encumbrances, and objections except for as follows: 1. RESERVATIONS and exceptions as contained in U.S. Patent, and/or acts authorizing the issuance thereof. 2. TAXES AND ASSESSMENTS, if any due the taxing authority indicated: Taxing Authority: City of Kenai 3. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 4. EASEMENT for electric lines or system and/or telephone lines together with right to enter, maintain, repair and clear shrubbery: Recorded: December 31, 1963 Volume/Page: Misc. 11/179 Granted To : Kenai Power Corporation Affects: General Easement, no definite location disclosed (Lot 4) 5. PUBLIC STREET EASEMENT affecting the portion of said premises and for the pufl)oses stated herein, and incidental purposes thereto: Recorded: August 30, 1967 Volume/Page: Misc. 28/81 Affects: Portion of Lot 5 6. PUBLIC STREET EASEMENT affecting the portion of said premises and for the pufl)oses stated herein, and incidental purposes thereto: Recorded: August 30, 1967 Volume/Page: Misc. 28/82 Affects: Portion of Lot 4 Cerlfficate to Plat KB1 File No.: 23336 Page 66 7. AN OIL AND GAS LEASE affecting the above interest under the tenns, covenants and conditions therein provided: Lessor: Lessee: Recorded: Volume/Page: (Portion of Lot 5) Edward R. and Esther A McElligott Union Oil Company of California October 5, 1978 133/380 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 8. AN OIL AND GAS LEASE affecting the above interest under the tenns, covenants and conditions therein provided: Lessor: Lessee: Recorded: Volume/Page: (Affects Lot 4) Edward R. and Esther A McElligott Union Oil Company of California October 10, 1978 133/681 FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 9. AN OIL AND GAS LEASE affecting the above interest under the tenns, covenants and conditions therein provided: Lessor: Lessee: Recorded: Volume/Page: (Portion of Lot 5) Clarence B. Ladd Union Oil Company of California November 3, 1978 135/33 FURTHER, no other examination of the excepted title to minerals has been made hereir:i and no insurance nor responsibility therefore is implied or assumed. 10. RESERVATION of oil, gas and mineral rights constructive notice of which is given by recital in deed: Recorded: June 18, 1974 Volume/Page: 2381771 (Affects Lot 4 and a Portion of Lot 5) FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 11 . EASEMENTS, SET-BACKS AND DEDICATIONS as delineated on Plat USS 2970. 12. EFFECT of the notes on said Plat USS 2970. 13. EASEMENTS, SET-BACKS AND DEDICATIONS as delineated on Plat No. 93-11. 14. EFFECT of the notes on said Plat No. 93-11. 15. DEED OF TRUST, including terms and provisions thereof, to secure an indebtedness of the amount herein stated and for any other amounts payable under the tenns thereof: Amount: $205,000.00 Dated: December 27, 2013 Recorded: December 30, 2013 Serial No.: 2013-012068-0 Trustor. Peninsula Oilers Baseball Club, Inc., an Alaska non-profit corporation Trustee : First Americen Title Insurance Company Beneficiary: First National Bank Alaska (Affects Lots SA, 58 and Lot 4) Certificate to Plat 1<B1 File No.: 23336 Page 67 16. DEED OF TRUST, induding terms and provisions thereof, to secure an indebtedness of the amount herein stated and for any other amounts payable under the tenns thereof: Amount: $50,000.00 Dated: May 16, 2018 Recorded: May 21, 2018 Serial No.: 2018-004305-0 Trustor. Peninsula Oilers Baseball Club, Inc., an Alaska corporation Trustee: FirstAmerican litle Insurance Company Beneficiary: First National Bank Alaska {Affects lot SA) Stewart Title of the Kanai Peninsula, Inc. By ~ {W;u.1.# Aal>oriZed Coaalmipailn Terri Cotterell Authorized Signator NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance 90-38 upon notification from surveyor. Certificate to Plat KB1 File No.: 23336 Page 68 PENINSULA OILERS BASEBALL CLUB, INC. BYLAWS ARTICLE I -OFFICE The principal office of business of Peninsula Oilers Baseball Club, lnc., shall be at the discretion of the Board of Directors. ARTICLE II -MEMBERS Section 1. Annual Meeting: The annual meeting of the Board of Directors shall be held on the first full week in October, each year, for the purpose of electing Directors and transacting such other business as may come before the meeting. If the election of Directors shall not be held on the day designated herein, or at any annual meeting of the Board of Directors or at any adjournment thereof, the Board of Directors shall cause the election to be held at a special meeting as soon thereafter as may be convenient. Section 2. Special Meeting: Unless otherwise prescribed by State Statute, special meetings of the Board of Directors, for any purpose, may be called by the President, the Board of Directors, or by the President at the request of three (3) members of the Board of Directors entitled to vote. Section 3. Place of Meeting: The place of the annual meeting and any other meetings held will be designated by the Board of Directors or the President. Section 4. Notice of Meeting: Written, or printed notice stating the pLace, day and time of the meeting, and in case of a special meeting, the purpose for which the meeting is called, shall be delivered no less than ten ( 10) days and no more than thirty (30) days before the date of the meeting either personally, electronically, or by mail. This will be at the direction of 1he President or the Secretary, or the person calling the meeting, to each member of record entitled to vote at such meeting. If mailed, such notice shall be deemed delivered when deposited in the United States mail and addressed to the member at his address as lt appears on the books of the Board of Directors, with postage thereon paid. Section 5. Quorum: Shall constitute one third { 1 /3) of the number of voting Board of Directors then fixed by 1he By-Laws, excluding vacancies. Not less than thirty (30) minutes after the time fixed for the beginning of any meeting where a quorum is not present, the presiding officer will call for the roll and then adjourn the meeting Section 6. Voting: Each voting member of the Board of Directors shall have one vote, either in person, or electronically. A member may vote by proxy with the proxy being in writing addressing the issues to be voted on, and in the possession of the person voting the proxy. A voting member of the Board of Directors may only wte a proxy. To be considered a voting member, a Board of Otrector must be a member in good standing as defined in section 7 of this article. Peninsula Oilers Baseball Club. Inc. Bylaws Amended Mey 9, 2015 Page 1 of? Page 69 Section 7. Member in good Standing: A member who has demonstrated participation in a minimum of half of the scheduled meetings in the previous year or half of the scheduled meetings since becoming a member. ARTICLE Ill -BOARD OF DIRECTORS Section 1. ManagemenU Powers: a. The Board of Directors shall manage the affairs of the Peninsula Oilers Baseball Club, Inc. b. The Board shall specifically have, but not limited to, the power to: 1. Establish and amend, by the majority vote of the Directors, all Articles of Incorporation and By-Laws of the Association. 2. Procure and maintain ( stocks, bonds, notes, certificates of deposits or other securities). if desired, in the name of the Peninsula Oilers Baseball Club, Inc. 3. Procure and maintain liability. hazard, workmen's compensation, accident or any other insurance as needed or required. 4. Authorize disbursements of funds and conduct fundraisers. 5. Ratify or disavow any action of the Executive Committee. Section 2. Number: The number of members of the Board of Directors shall be fixed from time to time by the By-Laws, but at no time shall the board be less than twenty-five (25) members. Members will be elected to fill a one, two or three year term, by a majority of the Board of Directors. Section 3. Regular Meeting: Regular meetings of the Board of Directors may be held on a weekly, monthly or other basis without any notice other than as provided for in this section. The Board of directors has the power to provide day, time and place for these regularly scheduled meetings and any meeting of the Board of Directors. Section 4. Special Meetings: Special Meetings of the Board of Directors may be called by or at the reQuest of the President, or by the President at the request of three (3) members of the Board of Directors entitled to vote. Section 5. Notice: Notice of any special meeting shall be given, in person, or electronically, at least twenty-four {24) hours prior to the meeting. Any director may waive notice of any meeting. The attendance of any Director et any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting was not legally called or convened. Section 6. Manner of Acting: The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. Section 7. Vacancies: Any vacancy occurring on the board of Directors may be filled by the affirmative vote of the majority of the remaining Directors, though less Peninsula Oilers Baseball Club, Inc. Bylaws Amended May 9, 2015 Page 2 of7 Page 70 than a quorum. A Director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office. Any Director position to be filled by reason of an increase in the number of Directors shall be filled by election at an annual meeting or a special meeting called for that purpose. Section 6. Payment of Expense: Expenses incurred while on official Board business may be paid upon approval of the Board of Directors who will determine what is "official board business". Section 9. Compensation: No earnings of the Peninsula Oilers Baseball Club, Inc., shall inure to the benefit of, or be distributed to Directors or Officers of the Corporation except as provided for in this Article and Section as follows: a. Appropriate compensation is authorized when a member of the Board of Directors is holding one of the paid staff position. b. All Board members shall receive 2 box seat tickets to each home game; 10 % discount off merchandise purchased at the Team Store at the Oilers Office and other special compensation from time tn time as the Board of Directors deems proper. Section 10. Restrictions: Income of the Peninsula Oilers Baseball Club, INC., shall be distributed in such a manner as not to be subject to tax under Section 4942 of the IRS code. The Board will not retain business holdings or make any investments as to subject Peninsula Oilers Baseball Club, INC., to any tax under the IRS code. Section 11. Presumption of Assent: Any Director who is present at a meeting of the Board of Directors at which action of any corporate matter is taken shall be presumed to have assented to the action taken, however his/her dissent may be entered in the minutes of the meeting on request or he/she may file his written dissent to such action with the Secretary of the meeting before the adjournment thereof. Section 12. Indemnification of Directors: Each Director and Officer, whether or not then in office. shall be indemnified by the Corporation against all costs and expenses reasonably incurred or imposed upon said Director after adoption of these By-Laws in connection with any action, suit or proceedings to which he/she may be made a party by reason of his/her being or having been a Director or Officer of Peninsula Oilers Baseball Club, INC., except in relation to matters as to which a recovery shall be against him/her by reason of his/her finally having been adjusted in such action, suit or proceedings to have been derelict in the performance of his/her duties as such Director or Officer. The foregoing right to indemnify shall include reimbursement of the amounts and expenses paid in settling any such action suit or proceeding when settlement seems to be in the best interest of Peninsula Oilers Baseball Club, INC. Section 13. Honorary Board of Directors: There may be an Honorary Board of Directors composed of those persons selected for such honor by a majority vote of the Board of Directors and as such: a. will be ex-officio members of the Board of Directors, with no voting, Peninsula Oilers Baseball 0-ub, Inc. Bylaws Amended May 9, 2015 Page 3 of7 Page 71 or decision making powers; and, b. will be provided passes for admission to home baseball games, and receive the same discounts as the Beare, of Directors. Section 14. Removals: board Members may be removed from the Board of Directors by a two thirds (2/3rds) vote of the Board of Directors for any action deemed not appropriate for a Board of Director member, providing that notice of this intent to call for such a vote, naming the Director, is given in writing, to all Board members at least thirty (30) days prior to a vote by the board. Section 15. Term of Office: A tenn of office shall nom,ally be for three (3) years as designated from time to time except for the initial board whose terms will be equally divided among one (1 }, two (2), and three (3) year tem,s. a. Terms of office after the expiration, resignation or removal of a board member shall begin at the close of the meeting at which a vacancy shall be filled and shall run through the tern, designated for that particular director. The objective being, insofar as practical, to have no more than one-third (1/3) of the Directors replaced at any time. ARTICLE IV -OFRCERS Section 1 . Number. The officers of the Peninsula Oilers Baseball Club, Inc., shall be President, one or more Vice-Presidents, a Secretary, and a Treasurer, each of whom shall be elected by a majority of the Board of Directors and subject to the control of the Board of Directors. Such other Officers as may be deemed to be necessary may be elected by the Board of Directors. Section 2. Election and Term of Office: The Officers of the Peninsula Oilers Baseball Club, Inc.., shall be elected annually, by a majority vote of the Board of Directors at the annual meeting. Each officer shall hold office until his successor shall have been duly elected or until his death, or until he/she shall resign or shall have been removed in the manner hereinafter provided. Section 3. Removal: The Board of Directors may remove Any Officer elected by the Board of Directors by a two thirds (2/3rds} vote~ whenever in its judgment the best interests of the Peninsula Oilers Baseball Club. Inc., would be served thereby. Section 4. Vacancies: A vacancy in any office for any reason may be filled by the Board of Directors, providing those rules for Election of Officers in Section 2., of this Article are followed. Section 5. Duties of the President: a. Act as the presiding officer and be the principal Officer of the Peninsula Oilers Baseball Club, Inc; b. Preside over all meetings of the Board of Directors and the Executive Committee and serve as a member of the Executive Committee; c. Be an eligible signer on any official bank accounts; d. Create and appoint committees as the need arises; e. Delegate responsibility to members of the Board as deemed necessary; f. Serve on all committees; Peninsula Oilers Baseball Club, Iru:. Bylaws Amended May 9, 2015 Page4 of7 Page 72 g. Act as the employer for all persons hired by the board; h. May sign any promissory notes, contracts, mortgages, and deeds, not expressly delegated to another Officer or Director; and, i. Perform all duties incidental to the office of President and such other duties as may be, from time to time, prescribed by the Board of Directors. Section 6. Duties of the First Vice-President: a. Perform the duties of the President in his/her absence; b. Be the chairperson of committees upon the appointment by the President; c. May sign any promissory notes, contracts, and mortgages with the President and other Officers on behalf of Peninsula Oilers Baseball Club,;, d. Serve as a member of the Executive Committee; and, e. The President or the Board of Directors may assign any other duties as necessary. Section 7. Duties of Other Vice-Presidents: a. Perform the duties of the President or First Vice-President in their absence; b. Be the chairman at special committees upon the appointment of the President; a. May sign any promissory notes, contracts, mortgages and deeds with other Officers on behalf of Peninsula Oilers Baseball Club, Inc.; b. Serve as a member of the Executive Committee; and, c. Any other duties as from time to time may be assigned to himlher by the President or Board of Directors. Section 8. Duties of the Secretary: a. Record the proceedings of all meetings of the Board of Directors and Executive Committees; b. Take care of all correspondence as directed by the President or Board of Directors; a. Certify election results, amendments to these By-Laws and the Articles of Incorporation and keep a roll of Directors attendance at meetings; b. May sign any promissory notes, contracts, mortgages, or deed with other Officers on behalf of Peninsula Oilers Baseball Club, Inc.; and, c. Serve as a member of the Executive Committee. Section 9. Duties of the Treasurer. a. Present a monthly financial report, provided regular monthly meetings are held, and review expenditures and payment of bills if requested by the President; b. Present a complete, detailed annual financial report at the annual meeting; c. Serve as committee chairperson of the finance and· budget committees; d. Responsible for overseeing the filing of any Federal or State information and reports pertaining to the finances of the Board of Directors, not assigned to another Officer, agent, or employee; e. Sign any promissory note, contracts, and mortgages on behalf of Peninsula Oilers Baseball Club, Inc.; and, Peninsula Oilers Baseball Clnb, Inc. Bylaws Amended May 9, 2015 Page5 of7 Page 73 f. Be a member of the Executive Committee. Section 10. Compensation: Except as specified in Article 9, Section 9, no Officer shall receive compensation for any services performed for the Board. Officers may receive bona fide expenses as voted and approved on an individual basis by the Board of Directors. ARTICLE V -Executive Committee Section 1. Make up/powers: Officers of the Board of Directors will serve as the Executive Committee. The Executive Committee, in an emergency, has the powers of the Board between meetings and other specific duties as delegated by the Board of Directors. Any action taken by the Executive committee shall either be ratified by a majority vote or rejected by a two- thirds (2/3rds) vote of the Board of Directors present at the next scheduled meeting. ARTICLE VI -[Standing Rules) Deleted: Board of Director's Meeting -7111/09 ARTICLE VII -Dissolution Section 1. Peninsula Oilers Baseball Club, Inc., may be dissolved upon the affirmative vote of two-thirds (2/3rds) of the members of the Board of Directors then in office, taken at a Board meeting called for that purpose or upon written consent of all the members entitled to vote at that time. Upon dissolution or other termination of the Peninsula Oilers Baseball aub, Inc., no part of the property, nor the proceeds thereof shall be distributed to or inure to the benefit of any Board member. "Coral Seymour Memorial Park, intact, shall revert back to the City of Kenai, as per terms of an agreement. All other property and obligations, be distributed to any fund or foundation as directed by the Board of directors as provided for and described in Section 501 © (3) of the Internal Revenue code. ARTICLE VIII -Contracts, Loans, Checks Section 1. Contracts: The Board of Directors may authorize any Officer or agent to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation. Section 2. Loans: No loans shall be contracted on behalf of the corporation and no evidence of indebtedness shall be issued in its name unless authorized by the Board of Directors. • Section 3. Checks, drafts: All checks, drafts, or other orders for the payment of money, notes or other evidence of indebtedness issued in the name of Peninsula Oilers Baseball Club, Inc., shall be signed by such Officers as the Board of Directors may direct. Peuinsula Oilers Baseball Club, Inc. Bylaws Amended May 9, 2015 Page6 of7 Page 74 KENAI PENINSULA BOROUGt 144 N . BINKLEY , SOLDOTNA , ALASKA . 99669-7599 January 11, 1994 City Council City of Kenai 210 Fidalgo, Suite 200 Kenai, Alaska 99611 Dear City Council Members: BUSINESS (907) 262-4441 RE: Petition to Vacate Petition to vacate a portion of a public right-of-way known as Outside Way. Vacate that portion of Outside Way lying between Cook Avenue and Riverview Avenue, Kenai, Alaska; also being within Section 5, Township 5 North, Range 11 West, Seward Meridian, Alaska. KPB File 94-001 The Planning Commission postponed consideration of the proposed vacation at their January 10, 1994 meeting. / This vacation is being sent to you for your review and action before Borough Planning Commission review . Attached are draft minutes and other related materials for your information. Sincerely, ~eg~.T~/~ Planning Director RPT :mes Attachments cc: Steve Hom, Executive Director Peninsula Oilers Page 85 AGENDA ITEM D. PUBLIC HEARINGS 2. Petition to vacate a portion of a public right-of-way known as Outside Way. Vacate that portion of Outside Way lying between Cook Avenue and Riverview Avenue, Kenai. Alaska; also being within Section 5, Township 5 North, Range 11 West, Seward Meridian, Alaska. KPB File 94-001 Staff report as read by Dick Troeger. PC Meeting 1-10-94 Petitioners: Peninsula Oilers Baseball Club, Inc . of Kenai, Alaska. Purpose as stated in the petition: Outside Way was platted to provide access between Cook Street and Riverview Drive. Since platting, another access has been developed and is currently maintained by the City ofKenai. There appears to be no reason for development of Outside Way. Vacation of the right-of- way would provide the owner with one contiguous piece of property. Public notice appeared in the December 30, 1993 and January 5, 1994 issues of the Peninsula Clarion. Twenty-five certified mailings were sent to owners of property within a 300 foot radius and to other interested parties. Twenty of the receipts have been returned. Two mailings were returned marked "Forwarding Expired" One mailing was returned for an address correction and was re-mailed. A statement of non-objection was received from Homer Electric Association. No statements of objection were received. Findings of Fact 1. Sufficient rights-of-way have been dedicated to surrounding properties. 2. The right-of-way proposed for vacation does not appear to be in use for access. 3. Per petition the right-of-way proposed for vacation is not used as public access and has not been constructed. The preliminary plat showing the proposed vacation is scheduled for Commission review and action January 10, 1994. STAFF RECOMMENDATIONS: Approve vacation of that portion of Outside Way lying between Cook Avenue and Riverview Avenue, subject to the following conditions: 1. Submittal of the final plat within one year of vacation approval. 2. The City Council of the City of Kenai, has thirty days in which they may veto Planning Commission approval of the vacation. NOTE: H the vacation is denied, the petitioner has eight calendar days in which to appeal the Planning Commission deniaL Written appeal must be submitted to the Oerk of the City of Kenai. KPB PLANNING COMMISSION JANUARY 10, 1994 MEETING PAGE 13 UNAPPROVED MINUTES Page 86 END OF STAFF REPORT Chairman Hammelrnan opened the public hearing for comment . 1. Clarence Ladd, 807 Cook, Kenai Mr. Ladd stated that he's lived in the area for more than 30 years. Mr. Ladd said that the right-of- way has been used for access for several years -dating back before statehood. He said he has a cabin in this area that he's been trying to restore. About six years ago it almost burned down, and the fire department used this right-of-way to get to the cabin. Mr. Ladd stated that he's talked to the fire chief and the police chief. The Oilers Building (fonnerly the Trades Building) has no parking on Main Street or Cook Avenue. The building was built right to the edge of the street. Mr. Ladd said presently the area is barricaded with a garbage container. Also, cars are parking in this area. The back area has two vacant lots and plenty of parking space to accommodate the Oilers' activities . Mr. Ladd said easements were established for public access for good reasons . He said for safety reasons, i.e. access for the fire department, and public travel he would like to see the right-of-way left intact . Chairman Hammelrnan asked if the area proposed for vacation was blocked . Mr. Ladd replied that it has been blocked just behind the Oilers Building for the last year or two . This building was purchased last summer by Fox Oil Enterprise. Mr. Ladd stated that the Oilers building was on a five foot portion of his property for about 30 years . In March 1993 the Oilers approached Mr. Ladd because they wanted to buy the whole comer but couldn't complete this transaction until the building was moved. Mr. Ladd agreed to a land trade with the Oilers. Now the Oilers want to close the right-of-way to public access. Vice Chairman Bryson inquired if Mr. Ladd talked with the fire department. Mr. Ladd replied that he spoke with the fire chief and the fire marshall. Vice Chairman Bryson asked if comments would be provided to the City Planning Commission. Mr. Ladd said he understood that the fire chief and police chief were going to forward a report to the Kenai city manager. Mr. Ladd said he talked with the City of Kenai engineer, Jack LaShot, today. Mr. LaShot said this matter would be reviewed by the City of Kenai Planning Commission Wednesday, January 12. Mr. Ladd said he would attend this meeting. Commissioner Coleman asked if the right-of-way was currently being used. Mr. Ladd replied that it has been used practically every day. Seeing and hearing no one else wishing to speak, Chairman Hammelman closed the public hearing and opened discussion among the Commissioners. MOTION: Commissioner Clutts moved, seconded by Commissioner Painter, to approve vacation of that portion of Outside Way lying between Cook Avenue and Riverview Avenue, subject to staff KPB PLANNING COMMISSION JANUARY 10, 1994 MEETING PAGE14 UNAPPROVED MINUTES Page 87 recommendations. Commissioner Gannaway said that the Commissioners were again faced with addressing an action before it has been reviewed by the City. Commissioner Gannaway stated that he would prefer to have the City ofKenai's comments regarding this vacation before the Commissioners review it. WITHDRAW AL OF MOTION: Commissioner Clutts withdrew his motion. Commissioner Painter withdrew the second. MOTION: Commissioner Carpenter moved, seconded by Commissioner Mumma, to postpone the decision on the vacation until the City of Kenai Planning Commission reviews it. VOTE: A roll call vote was taken with all Commissioners present voting yes. The motion passed. KPB PLANNING COMMISSION JANUARY 10, 1994 MEETING PAGE15 UNAPPROVED MINUTES Page 88 THE PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PETITION HAS BEEN RECEIVED TO VACATE A PORTION OF A PUBLIC RIGHT-OF-WAY. AREA UNDER CONSIDERATION IS DESCRIBED AS FOLLOWS: A. LoCATION AND REQUEST: VACATE A PORTION OF A PUBLIC RIGHT-OF-WAY KNOWN AS OUTSIDE WAY. VACATE THAT PORTION OF OUTSIDE WAY WHICH LIES BETWEEN COOK AVENUE AND RIVERVIEW AVENUE WITHIN THE CITY OF KENAI. ALSO BEING WITHIN SECTION 5, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALASKA. B. c. PURPOSE AS STATED IN PETITION: OUTSIDE WAY WAS PLATTED TO PROVIDE ACCESS BETWEEN COOK STREET & RIVERVIEW DRIVE. SINCE PLATTING, ANOTHER ACCESS HAS BEEN DEVELOPED AND IS CURRENTLY MAINTAINED BY THE CITY OF KENAI. THERE APPEARS TO BE NO REASON FOR DEVELOPMENT OF OUTSIDE WAY. VACATION OF RIGHT-OF-WAY WOULD PROVIDE OWNER WITH ONE CONTIGUOUS PIECE OF PROPERTY. PETITIONER ( S) : PENINSULA OILERS BASEBALL CLUB, INC. BY STEVE HORN, EXECUTIVE DIRECTOR OF KENAI , ALASKA. PUBLIC HEARING WILL BE HELD BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON MONDAY, JANUARY 10, 1993. COMMENCING AT 7:30 P.M., OR AS SOON THEREAFTER AS BUSINESS PERMITS. MEETING TO BE HELD IN THE BOROUGH ADMINISTRATION BUILD- ING, SOLDOTNA, ALASKA. ANYONE WISHING TO TESTIFY MAY COME TO THE ABOVE MEETING TO GIVE TESTIMONY; OR MAY SUBMIT A WRITTEN STATEMENT TO THE ATTENTION OF RICHARD TROEGER, OR ROBBIE HARRIS, KENAI PENINSULA BOROUGH PLANNING DEPARTMENT -144 N. BINKLEY STREET - SOLDOTNA, ALASKA 99669. WRITTEN TESTIMONY SHOULD BE RECEIVED BY THE PLANNING DEPARTMENT NO LATER THAN WEDNESDAY, JANUARY 5, 1994. FOR ADDITIONAL INFORMATION CONTACT ROBBIE HARRIS OR RICHARD TROEGER, RESOURCE PLANNING DEPARTMENT, 262-4441 (1-800-478-4441 TOLL FREE WITHIN KENAI PENINSULA BOROUGH). ROBBIE HARRIS PLATTING OFFICER PUBLISH 2X (DEC 30, 1993 & JAN 5, 1994.) Page 89 ~ 0 0 0 1-- 0 _j 0 r- N "'1 0) N CD NW tD " NN Page 90 January 13, 1994 KENAI PENINSULA BOROUGH 144 NORTH BINKLEY SOLDOTNA, ALASKA 99669-7599 (907) 262-4441 NOTICE OF PLANNING COMMISSION ACTION :MEETING OF JANUARY 10, 1994 RE: Kenai Townsite Oilers 2nd Addn . Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Planning Commission. The conditions of approval are stated in the attached unapproved minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes were sent January 14, 1994 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611 . Survey Firm: Swan Surveying, P .O . Box 987, Soldotna, Alaska 99669 Subdivider/Petitioner: Peninsula Oilers Baseball Club, P.O. Box 318, Kenai, Alaska 996ll. KPB File Number: 94-001 Page 94 AGENDA ITEM G . CONSIDERATION OF PLATS 2. Kenai T ownsite Oilers 2nd Addn. KPB FILE 94-001 (Preliminary) Staff report as read by Dick Troeger. PC Meeting 1-10-94 Location: Proposed Use: Main Street/Cook Avenue/Riverview Drive/Outside Way within City of Kenai Commercial Zoning: Sewer/Water: Urban Residential (RU) City Supporting Infonnation: Proposed replat will combine Lot 5A, Kenai Townsite Oilers Addition with vacated right-of-way and Lot 4, Block 18, Kenai Townsite into one lot, if the vacation is approved. A public hearing before this Commission is scheduled for January 10, 1994 . The Advisory Planning Commission minutes were not received at time of this report (1-7-94). STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions : I. Final approval of requested vacation. REVISE OR ADD TO TIIE PRELTh1INAR Y PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED INKPB 20.12 AS FOLLOWS: 2. Provide date of this survey. 3. Show existing streets with name and width. 4 . Vicinity Map -show sections. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 5. Provide Improvement Installation Agreement from City or letter that an agreement is not required. 6. Boundary of subdivision must be wider line weight. 7. Identify existing easements and label use or cite record reference . 8. Provide or correct dedication and/or approval statement(s) with notary's acknowledgement as needed. 9. Survey and monumentation to meet Ordinance requirements or an exception having been granted. 10. Confonn to conditions ofKPB Planning Commission Resolution 78-6. 11. State of Alaska, Department of Environmental Conservation requires their approval on the final plat and recorded instruments in accordance with 18AAc Chapter 72 Article 3. 12. Compliance with Ordinance 90-38 (Substitute) -Ownership. KPB PLANNING COMMISSION JANUARY 10, 1994 MEETING PAGE23 UNAPPROVED MINUTES Page 95 END OF STAFF REPORT MOTION: Commissioner Gannaway moved, seconded by Commissioner Home, to grant approval of the preliminary plat subject to staff recommendations. Commissioner Mumma asked what would happen to the plat if the vacation was not approved. Chairman Hammelman replied that approval of the preliminary plat was contingent upon final approval of the requested vacation. VOTE: Seeing and hearing no further discussion or objection, the motion passed. KPB PLANNING COMMISSION JANUARY 10, 1994 MEETING PAGE24 Ul~APPRO\lED tvilNUTES Page 96 KENAI PLANNING AND ZONING COMMISSION Meeting -January 12, 1994 Minutes Page 3 MOTION passes and will go to the City Council for recommendation. b. Vacation -Peninsula Oilers -Portion of Outside Way R.O.W. Bryson said this is in the old town area, on Riverview Drive. La Shot said one owner owns two lots and is trying to make one continuous parcel, which would be 4A as shown. Right now the city does not perform any maintenance or have any utilities in this right-of-way. He said it is being used as parking for the Peninsula Oilers building. La Shot said if you follow through towards the bluff, there is only one piece that could be continued on, and it doesn't exist at this time. The City Administration has no problem with this vacation. Bryson said this vacation came before the Borough Commission on Monday night and was postponed until the city acts on it. PUBLIC HEARING Clarence Ladd, 807 Cook Avenue. Ladd said he was at the Borough meeting on Monday, January 1 o. He stated Steve Hom, petitioner for the vacation, was not at the meeting and he has not been able to contact him. Ladd said no one was at the meeting representing Homer Electric at the Borough meeting. Ladd said he checked with Homer Electric about their utilities through the area. He showed the Commission a map that shows four of HEA's wires going overhead. Ladd stated his concern is that he has a log cabin back there and it caught fire a few years back. He said he almost lost the building because it is blocked off to fire trucks. He added he gave the Oilers some land for parking. Ladd said when Dave Bear (HEA) returns from Homer he is going to talk to him about this vacation. Walker asked Ladd to specify what his objection to the vacation is. Ladd said there are fire hydrants at two comers there. He said the pump truck had a problem getting around there. Ladd said he doesn't think a fire truck could get through if there are cars parked there or if a dumpster is sitting there. He stated his main concern is safety, in case of fire. Bryson asked La Shot if the Fire Department has voiced any concerns. La Shot said there has been no concern on the part of the city. He said the utility companies do have the opportunity to review the vacations. If they utility company wishes to retain an easement in lieu of the right-of-way, they have that right. La Shot said the city is looking at it for their own utilities and assumes the other utilities do the same. Page 97 KENAI PLANNING AND ZONING COMMISSION Meeting -January 12, 1994 Minutes Page 4 Bryson stated he has driven by the area and said it appears to be used for parking, but other than that it appears wide open. Pierce asked La Shot if HEA has had the opportunity to evaluate the vacation. La Shot said it is his understanding that all right-of-way/easement vacations are sent to the utility companies for their review. He asked Pierce if Enstar gets them. Pierce said yes, Enstar does get them. Pierce asked La Shot if he was certain HEA has had the opportunity to respond to this vacation . La Shot said no, he can't be certain. Bryson added a statement of non-objection was received by the Borough by HEA regarding this vacation. He added HEA either missed it or didn't check it out. Bryson suggested La Shot call the Borough for confirmation. Goecke asked for clarification on ownership; do the Oilers own the whole part other than part Sb? Ladd answered yes. He said he gave the Oilers some land because their building was 6' into his property. He added the building could not be moved because of the concrete foundation and walls. Bryson said the new name will be Lot 4A after the vacation. MOTION Pierce MOVED for recommendation to the Council for approval of the vacation. Goecke SECONDED. VOTE Pierce Glick Goecke Walker MOTION passes. Yes Yes Yes Yes Werner-Quade Bryson Yes Yes Bryson added if HEA erred in this vacation, it will come back to the Borough for action. PUBLIC HEARINGS None Page 98 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-69 A RESOLUTION NAMING THE DEDICATED RIGHT-OF-WAY ON THE PRELIMINARY PLAT FOR KENAI TOWNSITE OILER’S 2024 ADDITION “OILER’S STREET.” WHEREAS, Kenai Municipal Code Section 14.15.140 authorizes City Council to name and rename an existing street or newly established street within City limits upon recommendation from the Planning and Zoning Commission and after consultation with the Kenai Peninsula Borough or any other affected municipality; and, WHEREAS, a preliminary plat for Kenai Townsite Oiler’s 2024 Addition was submitted with a right-of-way dedication over an unnamed public street easement; and, WHEREAS, the street name bears the correct suffix in accordance with KMC Section 14.15.010(b)(1); and, WHEREAS, the KPB Planning Department has no objection to assigning a street name to Oiler’s Street; and, WHEREAS, the street name assignment would not adversely impact 911 navigation; and, WHEREAS, at a rescheduled regular meeting on November 29, 2023, the Planning and Zoning Commission recommended approval by the City Council of the naming of the dedicated right-of-way to Oiler’s Street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the dedicated right-of -way on the preliminary plat for Kenai Townsite Oiler’s 2024 Addition will be named Oiler’s Street. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 20TH DAY OF DECEMBER, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 101 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: December 12, 2023 SUBJECT: Resolution No. 2023-69 – Naming the Dedicated Right-of-Way on Preliminary Plat for Kenai Townsite Oiler’s 2024 Addition to Oiler’s Street A preliminary plat for Kenai Townsite Oiler’s 2024 Addition was submitted with a right-of-way (ROW) dedication over an unnamed public street easement. The dedicated ROW requires a new street name since it is not a continuation of an adjoining street running in the same direction. The applicant has proposed the street name as Oiler’s Street, which bears the correct suffix in accordance with Kenai Municipal Code (KMC) Section 14.14.010(b)(1). KMC Section 14.15.140 Renaming Streets states that City Council by resolution may change, rename, or name an existing street or newly established street within City limits upon recommendation from Planning and Zoning Commission, and after consultation with the Kenai Peninsula Borough (KPB), and any other municipality directed affected. KPB Planning Department has no objection to assigned the street name to Oiler’s Street. There are no other municipalities that would be directly affected by the street name assignment. The street name would not adversely impact 911 navigation. On November 29, 2023, Planning and Zoning Commission recommended approval by City Council of the street naming to Oiler’s Street. Attachments Revised Preliminary Plat P&Z Resolution PZ2023-21 Location Map City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 102 Resolution No. PZ2023-21 Page 2 of 3 WHEREAS, the Planning and Zoning Commission finds: 1. Pursuant to KMC 14.10.070 Subdivision design standards, the preliminary plat, subject to the listed conditions, conforms to the minimum street widths, provides utilities/access easements, provides satisfactory and desirable building sites, and the on-site water and sewer systems will be subject to the regulatory requirements of the Public Works Department. 2. Pursuant to KMC 14.10.070(b)(2), the Commission may lessen the minimum width for minor streets to 50 feet. The required minimum width for minor streets is 60 feet but the street widths in the surrounding area are typically 30 feet. The existing public street easement is 40 feet and a 50-foot right-of-way dedication is substantial for the area and greater than the existing public street easement. 3. Pursuant to KMC 14.24.010 Minimum lot area requirements, the preliminary plat meets City standards for minimum lot size in the subject zoning district. 4. Pursuant to KMC 14.24.020 General Requirements, the preliminary plat meets City standards for minimum lot width and access/utility easements. Compliance with the maximum lot coverage, maximum height, and setbacks will be reviewed during the building permit review. 5. The merged parcels will result in the existing structure to decrease in nonconformity with the current setback requirements and double frontage lots. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the preliminary plat of Kenai Townsite Oiler's 2024 Addition for a parcel merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B, Kenai Townsite Oilers Addition with a right-of-way (ROW) vacation of a portion of Outside Way, a utility easement vacation along Outside Way, and a 50-foot ROW dedication be approved subject to the following conditions. 1. The proposed 60-foot ROW dedication may be reduced to 50 feet, subject to the applicant providing acceptable evidence that a 50-foot ROW covers the existing road. 2. Correct the note reference from Note 8 to Note 6 for the indicated 5' Public Street Easement Note 8. 3. Revise the street suffix of the proposed street name, Oilers "Avenue" to "Street". 4. Kenai City Council must consent to the ROW vacation of Outside Way between Cook Avenue and Riverview Drive is not needed for a public purpose and approve the ROW vacation. Section 2. That the official street name for the 50-foot dedicated right-of-way be assigned to Oilers Street, subject to Kenai City Council adopting a resolution for the naming of a street within City limits. Page 105 Preliminary Plat Kenai Townsite Oiler's Addition 817 Cook Avenue, 601 Main Street, and 814 Riverview Drive N Map for Reference Only NOT A LEGAL DOCUMENT !0.....------.---, 1.--------.-----1 A. 50 100 200 Feet .._ .... I Subject Parcels__ I Parcels Date Printed: 11/28/2023 I f I I I I Page 108 KENAI CITY COUNCIL – REGULAR MEETING NOVEMBER 15, 2023 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING City of Kenai Council Meeting Page 1 of 7 November 15, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on November 15, 2023, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Henry Knackstedt, Vice Mayor Phil Daniel Deborah Sounart (electronic participation) Alex Douthit Victoria Askin James Baisden A quorum was present. Also in attendance were: **Xinlan Tanner, Student Representative (electronic participation) Christine Cunningham, Assistant to City Manager Scott Bloom, City Attorney David Swarner, Finance Director Kathy Romain, Senior Center Director Tyler Best, Parks & Recreation Director Derek Ables, Airport Manager Meghan Thibodeau, Acting City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the Packet: Add item H.3. *Action/Approval - Non-Objection to the Issuance of a New Beverage Dispensary Tourism Liquor License to Salamatof Cannery Lodge LLC • Non-Objection Memo Add item H.4. *Action/Approval - Special Use Permit to American Red Cross of Alaska • Airport Commission Recommendation Memo Add item H.9. Discussion - Scheduling a Joint Work Session with Kenaitze Indian Tribe. • Memo MOTION: Vice Mayor Knackstedt MOVED to approve the agenda and consent agenda with the requested revisions. Council Member Askin SECONDED the motion. The items on the Consent Agenda were read into the record. Page 109 City of Kenai Council Meeting Page 2 of 7 November 15, 2023 Mayor Gabriel opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; 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 ADMINISTRATIVE REPORTS - None. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center provided the Chamber’s 2024 schedule and discussed upcoming events including a First Friday Art Series, Community Business Lecture Series, family movie nights, gingerbread house competition, and Christmas Comes to Kenai. E. PUBLIC HEARINGS 1. Ordinance No. 3377-2023 - Accepting and Appropriating an Increase in the Title III Grant from the State of Alaska Department of Health and Social Services for Nutrition, Transportation and Support Services and an American Rescue Plan Act Grant Passed through the State of Alaska Department of Health and Social Services for Kenai Senior Center Expenditures in Support of its Response to the COVID-19 Public Health Emergency. (Administration) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3377-2023. 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. Senior Center Director Kathy Romain was thanked for obtaining this grant. VOTE: YEA: Askin, Baisden, Douthit, Knackstedt, Sounart, Daniel, Gabriel NAY: None **Student Representative Tanner: None MOTION PASSED UNANIMOUSLY. [Clerk’s Note: technical issues prevented the Student Representative from casting this vote.] 2. Ordinance No. 3378-2023 - Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Area-Wide Senior Thanksgiving Dinner. (Administration) MOTION: Council Member Askin MOVED to enact Ordinance No. 3378-2023. Council Member Douthit 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. Page 110 City of Kenai Council Meeting Page 3 of 7 November 15, 2023 Hilcorp was thanked for their generous donation. It was noted that this donation is a tradition that goes back decades; this will be a large event and will take place on Friday, November 17, 2023. VOTE: YEA: Daniel, Knackstedt, Baisden, Askin, Douthit, Sounart, Gabriel NAY: None **Student Representative Tanner: Yea MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 3379-2023 - Accepting and Appropriating a Grant from the U.S. Department of Homeland Security Passed through the State of Alaska Department of Military and Veterans’ Affairs for the Purchase of Trauma Care Supplies. (Administration) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3379-2023. Council Member Baisden 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, Sounart, Knackstedt, Baisden, Daniel, Askin, Douthit NAY: None **Student Representative Tanner: Yea MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 3380-2023 - Amending Kenai Municipal Code 22.05.095 - Methods of Sale or Disposal, to Provide a Veterans Land Purchase Price Discount for Certain Residential Land Purchases. (Baisden) MOTION: Council Member Baisden MOVED to enact Ordinance No. 3380-2023. 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. There was discussion of how this was timed to coincide with Veterans’ Day; the State has a discount for veterans who bid on State property; the City offers veteran discounts at the cemetery and Rec Center; the Kenai Peninsula Borough does not currently offer a veteran discount; and that there is a high number of veterans on the Kenai Peninsula and in the state of Alaska. Council Member Baisden disclosed that he is a veteran but does not intend to take advantage of the discount. Support was expressed for the ordinance and for providing benefits to veterans. VOTE: YEA: Douthit, Baisden, Daniel, Gabriel, Sounart, Knackstedt, Askin NAY: None **Student Representative Tanner: Yea MOTION PASSED UNANIMOUSLY. F. MINUTES 1. *Regular Meeting of November 1, 2023. (City Clerk) Approved by the consent agenda. G. UNFINISHED BUSINESS - None. Page 111 City of Kenai Council Meeting Page 4 of 7 November 15, 2023 H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval - Non-Objection to the Renewal of a Standard Marijuana Cultivation Facility License for Shackleford Investments, LLC, DBA Shackleford Investments, LLC – License No. 31826. (City Clerk) Approved by the consent agenda. 3. *Action/Approval - Non-Objection to the Issuance of a New Beverage Dispensary Tourism Liquor License to Salamatof Cannery Lodge LLC, DBA Salamatof Cannery Lodge LLC – License No. 6111. (Administration) Approved by the consent agenda. 4. *Action/Approval - Special Use Permit to American Red Cross of Alaska for General Office Space at the Alaska Regional Fire Training Center. (Administration) Approved by the consent agenda. 5. *Ordinance No. 3381-2023 - Repealing Kenai Municipal Code Appendices - Public Record Inspection Regulations, Repealing Kenai Municipal Code Chapter 10.40 - Release of Public Records and Re-Enacting Kenai Municipal Code 10.40 - Access to Public Records. (Baisden) Approved by the consent agenda. 6. *Ordinance No. 3382-2023 - Amending Kenai Municipal Code Chapter 7.05 Taxation of Real and Personal Property to Provide an Exemption on the First $100,000 of Assessed Valuation Other Than Motor Vehicles and Watercraft Owned by Each Taxpayer and Making Housekeeping Changes. (Gabriel, Knackstedt, Baisden, Daniel, Askin, Sounart, Douthit) Approved by the consent agenda. 7. Action/Approval - Council Confirmation of Mayoral Nominations to the City’s Commissions and Committee. (Mayor Gabriel) MOTION: Vice Mayor Knackstedt MOVED to confirm the following Mayoral Nominations to the City’s Commissions and Committee for three-year terms beginning January 1, 2024 and ending on December 31, 2026: • Airport Commission: Jacob Caldwell, Glenda Feeken, and Paul Minelga • Beautification Committee: Terri Wilson and Sonja Barbaza • Council on Aging: Rachael Craig, Frances Kilfoyle, Roy Williams, and Jim Glendening • Harbor Commission: Bob Peters, Jeanne Reveal, and Dave Peck • Parks & Recreation Commission: Michael Bernard, T. Grant Wisniewski, and Nigel LaRiccia Council Member Baisden SECONDED the motion. It was noted that vacancies still existed on the Beautification Committee and Council on Aging, and that nearly all commissioners with terms ending had reapplied for another term. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. Page 112 City of Kenai Council Meeting Page 5 of 7 November 15, 2023 8. Action/Approval - Council Confirmation of Mayoral Nominations to the Planning & Zoning Commission. (Mayor Gabriel) MOTION: Vice Mayor Knackstedt MOVED to confirm the Mayoral Nominations of Joe Halstead, Glenese Pettey and Sonja Barbaza to the Planning & Zoning Commission for three-year terms beginning January 1, 2024 and ending on December 31, 2026. Council Member Baisden SECONDED the motion. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 9. Discussion - Scheduling a Joint Work Session with Kenaitze Indian Tribe. (Administration) MOTION: Vice Mayor Knackstedt MOVED to postpone the discussion to schedule a joint work session with Kenaitze Indian Tribe to the December 20, 2023 City Council Regular Meeting. Council Member Baisden SECONDED the motion. Council Member Douthit requested that the work session start at 5:00 p.m. or later. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Council Member Baisden noted that the November 9, 2023 work session and regular meeting had been rescheduled to November 16, 2023. 2. Airport Commission Vice Mayor Knackstedt reported on the November 9, 2023 Airport Commission meeting. 3. Harbor Commission Council Member Askin reported on the November 6, 2023 Harbor Commission work session and regular meeting. 4. Parks and Recreation Commission Council Member Sounart reported on the November 2, 2023 Parks & Recreation Commission work session and regular meeting. 5. Planning and Zoning Commission Council Member Douthit reported on the November 8, 2023 Planning & Zoning Commission Meeting, and noted that the next regular meeting had been rescheduled from November 22 to November 29, 2023. 6. Beautification Committee Council Member Daniel reported on the November 14, 2023 Beautification Committee work session and special meeting. J. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Auditors were performing their annual review of City finances last week; will provide report to Council around February of next year. • Attended the Lion’s Club District 49A Conference; provided welcoming comments. Page 113 City of Kenai Council Meeting Page 6 of 7 November 15, 2023 • Attended and spoke at Veterans Day celebration on Saturday. • Attended Mural Art Show at the Kenai Art Center. • Thanked the Parks & Recreation Department to for dipnet report; noted that it would be made available to the public on the City’s website. K. ADMINISTRATION REPORTS 1. City Manager – Assistant to City Manager Cunningham reported on the following: • Parks & Recreation Director Best received the 2022 New Professional Award from the Alaska Recreation and Parks Association. • Introduced new Airport Manager Derek Ables. • Administration met with Beacon representatives to discuss Special Use Permit at the Fire Training Facility; looking at long-term lease, may bring a month-to-month extension to Council beforehand. • Army Corps of Engineers issued pre-solicitation notice for Kenai Bluff Stabilization Project. 2. City Attorney – No report. 3. City Clerk – Acting City Clerk Thibodeau reported that 16 Commission & Committee surveys had been received. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) - None. 2. Council Comments Council Member Sounart wished everyone Happy Thanksgiving. Student Representative Tanner reported on Statewide events: Alaska Allstate Music Festival, wrestling championships. Connections Homeschool events: Student Council bake sale, AMC 12B Competition, Thanksgiving food drive, ice skating at Soldotna Sports Center. Kenai Alternative High School: annual Thanksgiving dinner event, adverse childhood experiences and parent resiliency event, full student aid informational event. Kenai Central High School: hockey schedule, wrestling schedule, craft fair, swimming awards. Council Member Douthit noted he would be out of town on the December 20th meeting, and he looked forward to attending the Alaska Municipal League Local Government Conference. Council Member Askin congratulated Parks & Recreation Director Best on his award and welcomed Airport Manager Ables; noted she was looking forward to serving seniors at the annual Senior Center Thanksgiving dinner, and to the Christmas Comes to Kenai event. Council Member Daniel welcomed Airport Manager Ables; said he is looking forward to Alaska Municipal League Local Government Conference; congratulated Parks & Recreation Director Best; and expressed appreciation to City staff for maintaining the roads. Council Member Baisden expressed appreciation for the City’s road maintenance; welcomed Airport Manager Ables; congratulated Parks & Recreation Director Best; thanked Council for their support on Ordinance No. 3380-2023; working on Council recognition of Kenai Kardinal volleyball and football victories for December 20th meeting. Page 114 City of Kenai Council Meeting Page 7 of 7 November 15, 2023 Vice Mayor Knackstedt expressed appreciation for the City’s road maintenance; welcomed Airport Manager Ables; will be attending Alaska Municipal League Local Government Conference; wished everyone a Happy Thanksgiving. M. EXECUTIVE SESSION - None. N. PENDING ITEMS O. ADJOURNMENT P. INFORMATIONAL ITEMS - None. There being no further business before the Council, the meeting was adjourned at 6:47 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of November 15, 2023. ___________________________________ Michelle M. Saner, MMC City Clerk ** The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. Page 115 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: DECEMBER 20, 2023 VENDOR PERS PREMERA HOMER ELECTRIC INVESTMENTS VENDOR DESCRIPTION PERS DECEMBER PREMIUM ELECTRIC USAGE DESCRIPTION DEPARTMENT VARIOUS VARIOUS VARIOUS MATURITY DATE ACCOUNT LIABILITY INSURANCE UTILITIES AMOUNT AMOUNT 105,837.71 200,879.80 112,194.87 Effect. Int. Page 116 PURCHASE ORDERS OVER $35,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: DECEMBER 20, 2023 VENDOR DESCRIPTION DEPT. INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O.# -DEPT. MCGRATH HUMAN RESOURCES GROUP CLASSIFICATION STUDY 127651 -HR VINTAGE POINTE BOILER 125827 -CONG. RSA ENGINEERING REPLACEMENT HOUSING CONST. ACCOUNT AMOUNT REASON AMOUNT TOTAL PO AMT ADDITIONAL CONSUL TING SERVICES 6,150.00 40,508.00 AWARD CA SERVICES 15,318.00 40,482.00 Page 117 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, HR Director DATE: December 11, 2023 SUBJECT: Purchase Order Increase to McGrath Human Resources Group The purpose of this memo is to request an increase to the existing purchase order 127651 for a Classification study by McGrath Human Resources Group from $34,358.00 to $40,508.00, an increase of $6,150, to add additional consulting services. The City issued a request for proposals to complete a Classification Study on August 29, 2023. The proposals were ranked by the selection committee, and McGrath Human Resources Group received the highest score and was awarded a contract in the amount of $34,358.00. The City had previously issued a request for proposals for both a Classification Study and Compensation Study and received no bids. The City began work on the Compensation Study and requested a quote from McGrath to integrate the data from the City’s Compensation Study with their Classification Study for a more comprehensive analysis. McGrath provided a quote in the amount of $6,150 to expand the services beyond the Classification Study to develop an overall compensation and classification recommendation for the City. The request to increase the amount of their purchase order is to facilitate this collaboration. Thank you for your consideration. Page 118 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: December 11, 2023 SUBJECT: Purchase Order – RSA Engineering, Inc. The purpose of the memo is to request an increase of $15,318 to RSA Engineering’s Purchase Order 125827 from $25,164 to a new total of $40,482, to award CA Services for the Vintage Point Boiler Replacement project. Award of these services was not included in Resolution 2023-53 which awarded the Construction Contract portion of the work. Sufficient funding for this work resides within the existing budget under the Congregate Housing Capital Improvement Fund under activity code 239. This project is replacing boilers that have reached the end of their useful life at the Vintage Point senior housing facility. Currently submittals have been completed and materials are on order and awaiting arrival in Kenai several months from now. The costs associated with this work are fair and reasonable. Increasing this PO to RSA Engineering in support of the project is in the best interest of the City. Council’s approval is respectfully requested. Page 119 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: November 29, 2023 SUBJECT: Action/Approval- Special Use Permit for Beacon Occupational Health and Safety Services for use of office space at the Alaska Regional Fire Training Facility Beacon OHSS is requesting to extend the Special Use Permit that expires on December 31,2023 under the same terms and conditions. Beacon provides work and health testing services. The permit is for Beacon to lease 1,716 square feet of exclusive space and 2,250 square feet of common use space at the Alaska Regional Fire Training Facility. The permit fee will be $5468.16 per month. Beacon will also be responsible for custodial services in exclusive use space, refuse, telecommunications, internet, and tenant signage. The term of the Special Use Permit will be month to month starting on January 1, 2024. City and Airport Administration met with Beacon representatives on Thursday, November 9th to discuss different options to accommodate Beacon and their operation in the Alaska Fire Training Facility. A condition of the month-to-month extension is to allow Beacon time to set up a different area for a collection site instead of the exclusive use of one of the lobby bathrooms. Once a new collection site is set the bathroom will be reopened for public use. The representatives were given floor plans to review and will get back to the City. The Airport has a current Certificate of Insurance on file and Beacon is current on all fees owed to the city. *This memo was provided prior to the December 14, 2023 Airport Commission meeting due to the Council packet deadline. A laydown memo will be provided prior to the Council meeting with Airport Commission’s action. Thank you for your consideration. Attachment Page 120 SPECIAL USE PERMIT THE CITY OF KENAI (CITY) for the considerations and pursuant to the conditions and requirements set forth below, hereby grants Beacon Occupational Health & Safety Services (PERMITTEE), whose address is 701 East Tudor Road, # 110, Anchorage, Alaska 99503 the exclusive right to use the area described below: 1,716 square feet of exclusive office space and 2,250 square feet of common use space inside the Alaska Regional Fire Training Center, located at 450 Daubenspeck Cir, Kenai, Alaska 99611. 1. TERM. The term of this Permit shall be on a month-to-month basis commencing on January 1, 2024. Regardless of the date of signature, this Permit shall be effective as of January 1, 2024. 2. 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$5,468.16, plus applicable sales tax. B. Other Fees: Permittee is responsible for custodial services for exclusive use space, refuse, telecommunications, internet and tenant signage. City shall be responsible for custodial services for common use space, building insurance, snow removal, general maintenance, grounds maintenance, gas, electric, and water and waste water. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo A venue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All 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 122, Termination) 3. USE. City authorizes Permittee the exclusive right to use 1,716 square feet for General Office Space and 2,250 square feet of non-exclusive common use space as identified in Exhibit A. 4. LICENSES AND PERMITS; LAWS. Permittee shall adhere to all federal, state, Special Use Permit-Beacon Occupational Health & Safety Services Page 1 of 6 Page 121 and local laws, ordinances, and regulations while conducting its activities on the Premises. Permittee shall obtain and maintain all required federal, state, and local licenses, permits, certificates, and other documents required for Permittee's operations under the Permit. Permittee shall provide proof of compliance to the City upon request by the City. 5. INSURANCE. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee's insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per- occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee's fuel handling activities. The policy must name the City as an additional insured. B. Worker's compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker's compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the 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: 1. All policies will be by a company/corporation currently rated "A-" or better by A.M. Best. 11. 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. 111. Permittee shall request a waiver of subrogation against City from Permittee's insurer and the waiver of subrogation, where possible, Special Use Permit-Beacon Occupational Health & Safety Services Page 2 of6 Page 122 shall be provided at no cost to City. 1v. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by January 1, 2024. The effective date of the insurance shall be no later than January 1, 2024. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 6. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the premises. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Alaska Regional Fire Training Center and its exercise of the privileges granted in this Permit. 7. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. Permittee agrees to indemnify, defend, and hold the City, its agents, and employees harmless from and against any and all liability, loss, suit, claim,judgment, fine, demand, damage, penalty, property damage, or personal injury of whatever kind, including sums paid in settlements of claims, attorney fees, consultant fees, expert fees, or costs incurred arising from or connected with the Permittee's use or occupation of the Premises. Pennittee shall give the City of Kenai reasonable notice of any such claims or actions. However, Permittee shall not be responsible for any damage or claims from the sole negligence, activities, or omission of the City or its agents or employees. 8. PERSONALITY. Permittee must keep the space and all other materials on the Premises clean and in good condition. Permittee shall remove any and all personal property 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 Special Use Permit-Beacon Occupational Health & Safety Services Page 3 of 6 Page 123 Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of$25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personality of Permittee at or from the Premises. 9. NO W AIYER. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement 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. 10. MUTUAL CANCELLATION. This Permit may be cancelled in whole or in part with one month written notice by Permittee or the City. 11. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 12. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its use of the Premises. 13. NO JOINT VENTURE. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 14. CONTACT INFORMATION. The contact information for Permittee, and the person in responsible charge for Permittee during the term of the Permit, for purposes of notice and all communications from City to Permittee is: Beacon Occupational Health & Safety Services Attn: Neil Gadd -General Manager 701 East Tudor Road, #110 Anchorage, Alaska 99503 tel: (907) 802.8594 The contact information for City for purposes of notice and all communications from Permittee to City is: Kenai Municipal Airport 305 North Willow, Suite 200 Kenai, Alaska 99611 Tel: (907) 283-8281 Special Use Permit-Beacon Occupational Health & Safety Services Page 4 of 6 Page 124 15. RIGHTS OR REMEDIES. No right or remedy herein conferred upon or reserved to each respective party is intended to be exclusive of any other right or remedy. Each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity. 16. GOVERNING LAW; VENUE. The laws of State of Alaska will determine the interpretation of this Agreement and the performance thereof. Any lawsuit brought thereon shall be filed in the Third Judicial District at Kenai, Alaska. 17. AUTHORITY. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terms and conditions herein and that the person signing this Permit is authorized to bind Permittee. CITY OF KENAI By: _________ _ Terry Eubank -City Manager BEACON OCCUPATIONAL HEALTH & SAFETY SERVICES Approved as to form : Scott Bloom City Attorney By:----------- Neil Gadd -General Manager Special Use Permit-Beacon Occupational Health & Safety Services Page 5 of 6 Page 125 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the __ day of ____ _, 2023, Terry Eubank, 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 ____ ____,, 2023, the foregoing instrument was acknowledged before me by Neil Gadd, General Manager, Beacon Occupational Health & Safety Services, an Alaskan corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: ___ _ Special Use Permit-Beacon Occupational Health & Safety Services Page 6 of6 Page 126 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: December 12, 2023 SUBJECT: Action Approval for Alaska Sure Seal, Inc. – Special Use Permit for Snow Storage Alaska Sure Seal, Inc. (“Sure Seal”) has requested a Special Use Permit to store snow on approximately 7,500 square feet on Tract C of Daubenspeck Property Subdivision, located at 170 Bridge Access Road. Sure Seal was granted a special use permit to store snow this year. Sure Seal has been compliant with the terms of their special use permit. The proposed permit fee is $475.00 plus applicable sales tax for certain periods in 2024, a six-month period from January through April, and November through December 2024. Sure Seal will be required to carry adequate insurance, use the premises only for snow storage, store snow in a manner that would not limit sight lines for drivers or impact City snow clearing, and remove any trash or debris remaining after the snow has melted, such that the premises are returned to their initial condition. If City Council approves the Special Use Permit, the City Manager will be authorized to execute the Special Use Permit Agreement. Thank you for your consideration. Attachments Location Map Special Use Permit Agreement Page 128 K�NAI N Alaska Sure Seal Special Use Permit -Snow Storage Tract C, Daubenspeck Property Subdivision 170 Bridge Access Road KPB Parcel ID: 04705602 Map for Reference Only NOT A LEGAL DOCUMENT A o.---�-18,.....5-----r-37,.....0-----r-�--r------.7 40 Feet Page 129 Special Use Permit – Alaska Sure Seal, Inc. – 2024 Snow Storage Page 1 of 6 SPECIAL USE PERMIT The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby grants to ALASKA SURE SEAL, INC. (PERMITTEE), the non-exclusive right to use 7,500 square feet of area as described below: TRACT C, DAUBENSPECK PROPERTY SUBDIVISION and as further shown in the attached Location Map. 1. TERM. This special use permit shall be for approximately six (6) months from January 1, 2024 to April 30, 2024, and from November 1, 2024 to December 31, 2024. 2. PERMIT FEES. The Permittee shall be charged an annual permit fee of $475.00 plus applicable sales tax. The Permittee shall pay the City the permit fee on or before January 1, 2024. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611. In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: A. Sales tax nor enforced, or levied in the future, computed upon the permit fee payable in monthly installments whether said fee is paid on a monthly or yearly basis; B. All necessary licenses and permits; all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or by any other tax levying body, upon any taxable possessory right which Permittee may have in or to the Premises by reason of its use or occupancy or by reason of the terms of this Permit, provided however, that nothing herein contained shall prevent Permittee from contesting any increase in such tax or assessment through procedures provided by law. C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent (10%) of any amount of money owed under this Special Use Permit which are not paid on or before the due date. D. Costs and expenses incident to this Special Use Permit, including but not limited to recording costs. 3. USE. The use by the Permittee of the Premises is limited to the purpose of Snow Storage. This use is subject to City, Borough, and State laws and regulations and the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject to the following conditions: Page 130 Special Use Permit – Alaska Sure Seal, Inc. – 2024 Snow Storage Page 2 of 6 A. Permittee shall use the Premises only for snow storage. B. Snow must be stored in a manner that will not limit sight lines or create other unsafe driving conditions on adjacent right-of-ways. C. The premises shall be returned to its current condition prior to the end of the term of this Special Use Permit. This shall include the removal of any trash or debris that remains after the snow has melted in the spring. Failure to do so will result in Permittee being ineligible for future Special Use Permits for snow storage. D. Snow must be stored in a manner that will not impact any City snow clearing or moving activities. 4. 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, the City is entitled to coverage to the extent of the higher limits. A. Garage Liability or Commercial General Liability Insurance, including Premises, all operations, property damage, personal injury and death, broad-form contractual, with a per-occurrence limit of not less than $1,000,000 combined single limit. The policy must name the City as an additional insured. B. Worker’s Compensation Insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide Worker’s Compensation Insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. 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 for snow moving and storage activities to, from, or on the Premises. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. Page 131 Special Use Permit – Alaska Sure Seal, Inc. – 2024 Snow Storage Page 3 of 6 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. v. Evidence of insurance coverage must be submitted within 30 days of the effective date of the Special Use Permit. The effective date of the insurance shall be no later than January 1, 2024. vi. This insurance shall be primary and exclusive of any other insurance carried by the City of Kenai. This insurance shall be without limitation on the time within which the resulting loss, damage, or injury is actually sustained. 5. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents, employees, and volunteers at its own expense from and against any and all actions, damages, costs, liability, claims, losses, judgments, penalties, including reasonable Attorney’s fees of or for liability for any wrongful or negligent acts, errors, or omissions of the Permittee, its officers, agents or employees, or any subcontractor under this Permit. The Permittee shall not be required to defend or indemnify the City for any claims of or liability for any wrongful or negligent act, error, or omission solely due to the independent negligence of the City. If there is a claim of or liability for the joint negligence of the Permittee and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall be established upon final determination of the percentage of fault. If any such determination is by settlement, the percentage of fault attributed to each party for purposes of this indemnification provision shall only be binding upon the parties included in the settlement agreement. “Permittee” and “City” as used in this article include the employees, agents, officers, directors, and other contractors who are directly responsible, respectively, for each party. The term “independent negligence of the City” is negligence other than in the City’s selection, administration, monitoring, or controlling of the Permittee. 6. PERMITTEE’S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not permit any liens, including mechanic’s, laborer’s, construction, supplier’s, mining, or any other liens obtainable or available under existing law, to stand against the Premises or improvements on the Premises for any labor or material furnished to Permittee or to any related entity or claimed entity. The Permittee shall have the right to provide a bond as contemplated by State of Alaska law and contest the validity or amount of any such lien or claimed lien. Upon the final determination of the lien or claim for lien, the Permittee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Permittee’s own expense. 7. PERSONALTY. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit. Personal property placed or used upon the Premises and not removed upon termination of this Permit will be removed and/or impounded by the City. Property removed or impounded by the City may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its customers. Page 132 Special Use Permit – Alaska Sure Seal, Inc. – 2024 Snow Storage Page 4 of 6 8. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement 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. 9. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. The City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety. The City may also terminate this Permit immediately, or upon notice shorter than 30 days, due to a failure of Permittee to comply with conditions and terms of this Permit, which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period to correct the violation or breach. 10. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 11. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of this Permit, the Premises, or any improvement on the Premises without the written consent of the City. Unless the City specifically releases the Permittee in writing, the City may hold the Permittee responsible for performing any obligation under this permit which an assignee fails to perform. 12. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Permit. 13. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 14. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this Permit shall survive the cancellation, termination, or expiration of this Permit. 15. AUTHORITY. By signing this Permit, Permittee represents that is has read this agreements and consents to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the business to bind the business hereunder. CITY OF KENAI ALASKA SURE SEAL, INC. By:____________________________ By:_______________________________ Terry Eubank Johnathan Paramore City Manager Director Page 133 Special Use Permit – Alaska Sure Seal, Inc. – 2024 Snow Storage Page 5 of 6 ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2023, the foregoing instrument was acknowledged before me by Terry Eubank, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2023, the foregoing instrument was acknowledged before me by Johnathan Paramore, Director of Alaska Sure Seal, Inc., an Alaska C Corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: ATTEST: Michelle M. Saner, MMC, City Clerk SEAL: Page 134 Special Use Permit – Alaska Sure Seal, Inc. – 2024 Snow Storage Page 6 of 6 APPROVED AS TO FORM: Scott Bloom, City Attorney Page 135 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: December 12, 2023 SUBJECT: Action Approval for Schilling Alaska, Inc. – Special Use Permit for Snow Storage Schilling Alaska, Inc. (“Schilling”) has requested a Special Use Permit to store snow on approximately 7,500 square feet on Tract C of Daubenspeck Property Subdivision, located at 170 Bridge Access Road. Schilling has been granted special use permits for the Uptown Motel to store snow since 2018. Schilling has been compliant with the terms of their special use permit. The proposed permit fee is $475.00 plus applicable sales tax for certain periods in 2024, a six- month period from January through April, and November through December 2024. Schilling will be required to carry adequate insurance, use the premises only for snow storage, store snow in a manner that would not limit sight lines for drivers or impact City snow clearing, and remove any trash or debris remaining after the snow has melted, such that the premises are returned to their initial condition. If City Council approves the Special Use Permit, the City Manager will be authorized to execute the Special Use Permit Agreement. Thank you for your consideration. Attachments Location Map Special Use Permit Agreement Page 136 Page 137 Special Use Permit – Schilling Alaska, Inc. – 2024 Snow Storage Page 1 of 6 SPECIAL USE PERMIT The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby grants to SCHILLING ALASKA, INC. (PERMITTEE), the non-exclusive right to use 7,500 square feet of area as described below: TRACT C, DAUBENSPECK PROPERTY SUBDIVISION and as further shown in the attached Location Map. 1. TERM. This special use permit shall be for approximately six (6) months from January 1, 2024 to April 30, 2024, and from November 1, 2024 to December 31, 2024. 2. PERMIT FEES. The Permittee shall be charged an annual permit fee of $475.00 plus applicable sales tax. The Permittee shall pay the City the permit fee on or before January 1, 2024. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611. In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: A. Sales tax nor enforced, or levied in the future, computed upon the permit fee payable in monthly installments whether said fee is paid on a monthly or yearly basis; B. All necessary licenses and permits; all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or by any other tax levying body, upon any taxable possessory right which Permittee may have in or to the Premises by reason of its use or occupancy or by reason of the terms of this Permit, provided however, that nothing herein contained shall prevent Permittee from contesting any increase in such tax or assessment through procedures provided by law. C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent (10%) of any amount of money owed under this Special Use Permit which are not paid on or before the due date. D. Costs and expenses incident to this Special Use Permit, including but not limited to recording costs. 3. USE. The use by the Permittee of the Premises is limited to the purpose of Snow Storage. This use is subject to City, Borough, and State laws and regulations and the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject to the following conditions: Page 138 Special Use Permit – Schilling Alaska, Inc. – 2024 Snow Storage Page 2 of 6 A. Permittee shall use the Premises only for snow storage. B. Snow must be stored in a manner that will not limit sight lines or create other unsafe driving conditions on adjacent right-of-ways. C. The premises shall be returned to its current condition prior to the end of the term of this Special Use Permit. This shall include the removal of any trash or debris that remains after the snow has melted in the spring. Failure to do so will result in Permittee being ineligible for future Special Use Permits for snow storage. D. Snow must be stored in a manner that will not impact any City snow clearing or moving activities. 4. 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, the City is entitled to coverage to the extent of the higher limits. A. Garage Liability or Commercial General Liability Insurance, including Premises, all operations, property damage, personal injury and death, broad-form contractual, with a per-occurrence limit of not less than $1,000,000 combined single limit. The policy must name the City as an additional insured. B. Worker’s Compensation Insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide Worker’s Compensation Insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. 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 for snow moving and storage activities to, from, or on the Premises. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. Page 139 Special Use Permit – Schilling Alaska, Inc. – 2024 Snow Storage Page 3 of 6 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. v. Evidence of insurance coverage must be submitted within 30 days of the effective date of the Special Use Permit. The effective date of the insurance shall be no later than January 1, 2024. vi. This insurance shall be primary and exclusive of any other insurance carried by the City of Kenai. This insurance shall be without limitation on the time within which the resulting loss, damage, or injury is actually sustained. 5. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents, employees, and volunteers at its own expense from and against any and all actions, damages, costs, liability, claims, losses, judgments, penalties, including reasonable Attorney’s fees of or for liability for any wrongful or negligent acts, errors, or omissions of the Permittee, its officers, agents or employees, or any subcontractor under this Permit. The Permittee shall not be required to defend or indemnify the City for any claims of or liability for any wrongful or negligent act, error, or omission solely due to the independent negligence of the City. If there is a claim of or liability for the joint negligence of the Permittee and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall be established upon final determination of the percentage of fault. If any such determination is by settlement, the percentage of fault attributed to each party for purposes of this indemnification provision shall only be binding upon the parties included in the settlement agreement. “Permittee” and “City” as used in this article include the employees, agents, officers, directors, and other contractors who are directly responsible, respectively, for each party. The term “independent negligence of the City” is negligence other than in the City’s selection, administration, monitoring, or controlling of the Permittee. 6. PERMITTEE’S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not permit any liens, including mechanic’s, laborer’s, construction, supplier’s, mining, or any other liens obtainable or available under existing law, to stand against the Premises or improvements on the Premises for any labor or material furnished to Permittee or to any related entity or claimed entity. The Permittee shall have the right to provide a bond as contemplated by State of Alaska law and contest the validity or amount of any such lien or claimed lien. Upon the final determination of the lien or claim for lien, the Permittee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Permittee’s own expense. 7. PERSONALTY. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit. Personal property placed or used upon the Premises and not removed upon termination of this Permit will be removed and/or impounded by the City. Property removed or impounded by the City may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its customers. Page 140 Special Use Permit – Schilling Alaska, Inc. – 2024 Snow Storage Page 4 of 6 8. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement 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. 9. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. The City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety. The City may also terminate this Permit immediately, or upon notice shorter than 30 days, due to a failure of Permittee to comply with conditions and terms of this Permit, which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period to correct the violation or breach. 10. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 11. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of this Permit, the Premises, or any improvement on the Premises without the written consent of the City. Unless the City specifically releases the Permittee in writing, the City may hold the Permittee responsible for performing any obligation under this permit which an assignee fails to perform. 12. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Permit. 13. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 14. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this Permit shall survive the cancellation, termination, or expiration of this Permit. 15. AUTHORITY. By signing this Permit, Permittee represents that is has read this agreements and consents to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the business to bind the business hereunder. CITY OF KENAI SCHILLING ALASKA, INC. By:____________________________ By:_______________________________ Terry Eubank David Schilling City Manager President Page 141 Special Use Permit – Schilling Alaska, Inc. – 2024 Snow Storage Page 5 of 6 ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2023, the foregoing instrument was acknowledged before me by Terry Eubank, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2023, the foregoing instrument was acknowledged before me by David Schilling, Director of Schilling Alaska, Inc., an Alaska Corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: ATTEST: Michelle M. Saner, MMC, City Clerk SEAL: Page 142 Special Use Permit – Schilling Alaska, Inc. – 2024 Snow Storage Page 6 of 6 APPROVED AS TO FORM: Scott Bloom, City Attorney Page 143 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Shellie Saner, City Clerk FROM: Meghan Thibodeau, Deputy City Clerk DATE: December 13, 2023 SUBJECT: Appointments to Council on Aging and Beautification Committee Vacancies currently exist on the Council on Aging and Beautification Committee; applications for these seats have been received and are attached for consideration. Pursuant to Kenai Municipal Code 1.90.010 members are nominated by the Mayor and confirmed by the City Council. Mayor Gabriel has requested Council confirmation of the following appointments: Kit Hill – Council on Aging partial term ending December 31, 2025 Brittney Hoffert – Beautification Committee partial term ending December 31, 2024 Your consideration is appreciated. Page 144 From:Kit Elizabeth Hill To:City Clerk Subject:Form submission from: Commission/Committee Application (Webform) Date:Friday, November 17, 2023 8:24:42 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Friday, November 17, 2023 - 8:24am Submitted by anonymous user: 24.237.252.31 Submitted values are: Date: Fri, 11/17/2023 Name: Kit Elizabeth Hill Resident of City of Kenai?: Yes If resident, how long?: Ten years Residence Address: 615 Ponderosa Street Mailing Address: 615 Ponderosa Street Home Telephone: 907 283 4645 Home Fax: Business Telephone: 907 690 4658 (personal cell phone) Business Fax: Email address: hkhill2001@msn.com May we include your contact information on our website?: Yes If not all, what may we include?: Employer: Retired Job Title: Retired Name of Spouse: Howard Hill Current Membership Organization: Kenai Senior Center, Nikiski Church of Christ, Pioneers of Alaska, Ak Poll Worker, Kenai Historical Society Past organizational memberships: Kenai Lions, Nikiski Senior Center, Christmas Come to the Kenai, Breakfast with Santa, Various quilt organizations Committees or commissions in which you are interested: Council on Aging Why do you want to be involved with this commission or committee?: Having the insight of nearly 18 years as a senior myself and being actively involved in two senior centers during this time, I feel I have gained insight on aging and some of the challenges that journey brings to our lives. I feel that knowledge gained from this experience and other organizations I have participated in enables me to provide some insight into needs of the elderly in our community. I also enjoy working with people, especially seniors, and have found a home in the Kenai. What background, experience, or credentials do you possess to bring the board, commission, or committee membership?: In my career, I worked in a number of leadership roles which included analysis of function and financing of organizations. These included Director of Environmental Health Services for the State of Alaska, program managers for several state organizations, and various employee training programs. In several of these positions I prepared information and financial analysis for senior management. I have held a leadership role in several organizations including The Compassionate Friends (a support organization for grieving parents) and President of Igloo 16 Page 145 Pioneers of Alaska. As these organization's leader, I coordinated activities and other volunteers, to ensure that the organization functioned well and met our goals. I presently serve as Membership Chair for the Kenai Historical Society. I have also spent many hours volunteering at the Kenai Senior Center and love the interaction with seniors. I feel combined skills and knowledge gained from my employment and volunteer activities would be an asset to the Council on Aging. The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/11163 Page 146 From:Brittney Hoffert To:City Clerk Subject:Form submission from: Commission/Committee Application (Webform) Date:Sunday, December 3, 2023 6:46:33 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Sunday, December 3, 2023 - 6:46pm Submitted by anonymous user: 24.237.253.192 Submitted values are: Date: Sun, 12/03/2023 Name: Brittney Hoffert Resident of City of Kenai?: Yes If resident, how long?: 10 Residence Address: Mailing Address: Home Telephone: Home Fax: Business Telephone: Business Fax: Email address: bhoffert23@gmail.com May we include your contact information on our website?: Yes, but not all (specify below) If not all, what may we include?: bhoffert23@gmail.com Employer: First Rate Financial Job Title: Production Partner Name of Spouse: Current Membership Organization: BPOE Soldotna Elks Lodge #2706, Kenai Peninsula Association of Realtor Past organizational memberships: Kenai Peninsula Builder Association, Twin City Raceway Committees or commissions in which you are interested: Planning and Development, Airport, Library, Any committees or commissions that I can lend my knowledge and experience Why do you want to be involved with this commission or committee?: I am a seasoned sales professional with a dedicated focus on community improvement. I firmly believe that enhancing our community starts with active involvement and commitment. Over the past decade, I have consistently volunteered my time to various community initiatives. I served as an active member and, subsequently, as the President of the Benevolent and Protective Order of Elks (BPOE), where I have contributed my efforts for the past nine years. Concurrently, I expanded my knowledge in innovation through this engagement. For the past five years, I served as the announcer at the Twin City Raceway, showcasing my commitment to community events. Additionally, I am a member of the Kenai Peninsula Association of Realtors (KPAR) through my employer. I have participated in board meetings, volunteered at the sports show for multiple years, and contributed by organizing door prizes and selling door/raffle tickets. Witnessing the positive impact of KPAR on our community has Page 147 further fueled my passion for community service. In addition to organizing, volunteering, and supporting numerous community events, I am eager to extend my commitment by becoming a part of the Kenai Committee. I would be honored to continue contributing to the betterment of our community and look forward to discussing this opportunity with you further. What background, experience, or credentials do you possess to bring the board, commission, or committee membership?: With numerous years of experience in community involvement, I am enthusiastic about extending my commitment by joining the Kenai Committee. I believe that my diverse experiences and passion for community service align well with the goals of the committee, and I look forward to discussing how I can contribute further. The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/11175 Page 148 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3383-2023 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP BY REZONING ALL PARCELS WITHIN THE LETZING 1985 SUBDIVISION (PLAT NO. 85-55) AND GOVERNMENT LOT 170 FROM GENERAL COMMERCIAL (CG) TO SUBURBAN RESIDENTIAL (RS) ZONING DISTRICT. WHEREAS, all parcels within the Letzing 1985 Subdivision plat and Government Lot 170 are currently zoned General Commercial (CG); and, WHEREAS, the City of Kenai received a rezone application from the majority of property owners in accordance with KMC 14.20.270 Amendment procedures; and, WHEREAS, the CG zoning district allows for the widest range of commercial and industrial uses compared to other commercial zoning districts and the existing CG zone is not a compatible land use for this area since there are existing residential uses to the north and east of the proposed rezone area and an existing single-family dwelling in the proposed rezone area; and, WHEREAS, the proposed rezone to RS would align with the current low to medium density residential character of the neighborhood; and, WHEREAS, the land use classification is Mixed-Use, which envisioned a compatible mix of residential and commercial uses but it is desired by the property owners and supported by nearby residents that it should be rezoned to residential; and, WHEREAS, the rezone is consistent with the Imagine Kenai 2030 Comprehensive Plan and aligns with the Land Use Plan and addresses Goal 1 – Quality of Life: Promote and encourage quality of life in Kenai; and, WHEREAS, at their regularly scheduled meeting held on November 8, 2023, the City of Kenai Planning and Zoning Commission voted unanimously to recommend the subject properties be rezoned from General Commercial to Suburban Residential zoning district. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of City of Kenai Official Zoning Map: That City of Kenai, Official Zoning Map is hereby amended as follows: Rezone all parcels within the Letzing 1985 Subdivision plat (Plat No. 85- 55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) zoning district. 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. Page 149 Ordinance No. 3383-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] 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 3RD DAY OF JANUARY, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: December 20, 2023 Enacted: January 3, 2024 Effective: February 2, 2024 Page 150 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: December 12, 2023 SUBJECT: Ordinance No. 3383-2023 – Rezone All Parcels Within Letzing 1985 Subdivision (Plat No. 85-55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) Zoning District The property owners, Nancy and Michael Wiles, and Ken Dunbar representing Five D Investments LLC, are the seeking to rezone all parcels within Letzing 1985 Subdivision (Plat No. 85-55) and Government Lot 170 located at 1202, 1204, and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban Residential (RS) zoning district. The purpose of the rezone is to allow additional affordable housing rather than commercial use on the subject parcels. For the parcel located at 103 Birch Street, the property owner intends to subdivide and construct a single-family dwelling unit on each lot. If approved, the zone change would allow a residential use as a principal use, whereas under the existing zoning district, CG, a residential use is only permitted as a secondary use. The proposed rezone area is surrounded by a commercial office/warehouse with outdoor storage to the west, residential uses to the north and east, and a commercial center, known as Swanson Square to the south across First Avenue. The current zoning, CG prohibits single-family and two- family residential uses unless it is a secondary use according to the land use table found in KMC Section 14.22.010. In addition, CG zoning district allows for the widest range of commercial and industrial uses compared to other commercial zoning districts. The existing CG zoning district is not a compatible land use for this area since there are existing residential uses to the north and east of the proposed rezone area and an existing single-family dwelling in the proposed rezone area. While the site plan/landscaping review is intended to provide adequate buffers, transitions, and impacts between commercial/industrial uses and residential uses, this could be further implemented through a suitable zoning designation. The intent of the CG zoning district is not compatible with the existing residential uses in the adjacent RS zoning district to the north and east. There are other restrictive commercial zoning districts that allows residential use as a principal use but it would provide a disconnect between the existing CG zoning district to the west of the proposed rezone area. Page 151 Page 2 of 2 The rezone to RS zone would expand the adjacent RS zoning district, which it is anticipated that it would be developed in junction with the surrounding residential uses to the north and east. Therefore, minimizing potential impacts of commercial development on existing residential uses. As noted by the applicants, there is a need for additional housing and this rezone would allow for residential uses without going through additional planning processes. The existing land use classification states a compatible mix of residential and commercial uses. It is anticipated that this area will become residential uses. In the RS zone, several commercial uses are permitted subject to a Conditional Use Permit. The proposed rezone to RS zone would be consistent with the Mixed-Use land use classification as identified in the Comprehensive Plan. Therefore, an amendment to the land use map in the Comprehensive Plan is not required. The Comprehensive Plan supports this rezoning in the following identified goal: Goal 1 – Quality of Life: Promote and encourage quality of life in Kenai. • Q-4: Promote the siting and design of land uses that are in harmony and scale with surrounding uses. The proposed rezone to RS would align with the current low to medium density residential character of the neighborhood. The proposed rezone to RS zone would make the existing single- family dwelling compliant with the zoning district. Under the existing CG zoning district, the existing residence is considered a non-conforming use since residential use is not permitted to be a principal use. Therefore, any expansions or alterations of the residence would be subject to KMC Section 14.20.050 Nonconforming lots, structures, and uses. On November 8, 2023, the City of Kenai Planning and Zoning Commission voted unanimously to recommend the subject properties be rezoned from General Commercial to Suburban Residential zoning district. Attachments Location Map Letzing 1985 Subdivision (Plat No. 85-55) P&Z Resolution PZ2023-19 Staff Report PZ2023-19 Page 152 Ordinance No. 3383-2023 Rezone from CG to RS 1202, 1204, and 1206 First Avenue And 103 Birch Street N Map for Reference Only NOT A LEGAL DOCUMENT ' A. Date Printed: 12/12/2023 Page 153 Page 154 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: November 8, 2023 SUBJECT: Resolution PZ2023-19 – Rezone Four (4) Parcels from General Commercial (CG) to Suburban Residential (RS) Zoning District Request The applicants are requesting a rezone of four (4) parcels from General Commercial (CG) to Suburban Residential (RS) Zoning District. Staff Recommendation Adopt Resolution PZ2023-19 recommending approval of a rezone of four (4) parcels from General Commercial (CG) to Suburban Residential (RS) Zoning District. Applicants: Nancy and Michael Wiles Five D Investments LLC 1206 First Avenue c/o Ken Dunbar Kenai, AK 99611 P.O. Box 969 Kenai, AK 99611 Parcel No. 04317028 Address Lot Size Legal Description 1202 First Avenue 0.49-acre Lot 1, Letzring 1985 Subd. of Gov. Lot 169 04317029 1206 First Avenue 0.31-acre Lot 2, Letzring 1985 Subd. of Gov. Lot 169 04317030 1204 First Avenue 0.31-acre Lot 3, Letzring 1985 Subd. of Gov. Lot 169 04317013 103 Birch Street 1.25 acres Govt Lot 170 Current Zoning: General Commercial (GC) Proposed Zoning: Suburban Residential (RS) Current Land Use Single-Family Residence, Accessory Structures, and Vacant Parcels Land Use Plan Mixed-Use Ki;NAI Page 155 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 2 of 6 SUMMARY The applicants are seeking to rezone properties located at 1202, 1204, and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban Residential (RS) zoning district. The purpose of the rezone is to allow additional affordable housing rather than commercial use on the subject parcels. For the parcel located at 103 Birch Street, the property owner intends to subdivide and construct a single-family dwelling unit on each lot. In the applicants’ letter, it is indicated that 103 Birch Street would be subdivide and four (4) single-family homes would be constructed. However, Planning staff received the preliminary plat and it shows a 5-lot subdivision. The preliminary plat is subject to compliance with KMC Chapter 14.10 Subdivision Regulations and would come before the Planning & Zoning Commission for review/recommendation at a later time contingent on the decision of the rezone. If approved, the zone change would allow a residential use as a principal use, whereas under the existing zone, CG, a residential use is only permitted as a secondary use. ANALYSIS Pursuant to KMC Section 14.20.270, the initiation of a Zoning Map Amendment may be initiated by a majority of the property owners in the area to be rezone. Furthermore, the area to be rezoned contains a minimum one (1) acre (excluding street or alley rights-of-way) unless the amendment enlarges an adjacent district boundary. Three (3) out of the four (4) parcels are under the same ownership with the remaining parcel owned by a different property owner. Both property owners jointly applied for the rezone; therefore, meeting the initiation of a rezone application. To further support their request, the applicants have provided a list of signatures from surrounding property owners/residents to support their rezone petition. The combined area of the rezone is approximately 2.36 acres, which exceeds the minimum one (1) acre requirement for a zoning map amendment and it would expand the adjacent Suburban Residential zoning district to the north and east of the proposed rezone area. Existing and Proposed Zoning The existing zoning is General Commercial (CG) and the intent as outlined in KMC Section 14.20.120 states the following: The CG Zone is established 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 to prevent any uses which would have an adverse effect upon nearby properties. New single- and two (2) family residential uses and other noncommercial uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for commercial purposes, and because a commercial zone is not suited to the uses excluded above. Findings: The proposed rezone area is surrounded by a commercial office/warehouse with outdoor storage to the west, residential uses to the north and east, and a commercial center, known as Swanson Square to the south across First Avenue. The current zoning, CG prohibits single-family and two-family residential uses unless it is a secondary use according to the land use table found in KMC Section 14.22.010 as shown below (highlighted in yellow). Page 156 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 3 of 6 LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 Two-, Three- Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21 Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21 Five-, Six- Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 Footnotes: 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans. Page 157 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 4 of 6 In addition, CG zone allows for the widest range of commercial and industrial uses compared to other commercial zoning districts. The existing CG zone is not a compatible land use for this area since there are existing residential uses to the north and east of the proposed rezone area and an existing single-family dwelling in the proposed rezone area. While the site plan/landscaping review is intended to provide adequate buffers, transitions, and impacts between commercial/industrial uses and residential uses, this could be further implemented through a suitable zoning designation. The intent of the CG zone is not compatible with the existing residential uses in the adjacent RS zoning district to the north and east. There are other restrictive commercial zoning districts that allows residential use as a principal use but it would provide a disconnect between the existing CG zone to the west of the proposed rezone area. The proposed zoning is Suburban Residential (SR) and the intent as outlined in KMC Section 14.20.090 states the following: The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Findings: The rezone to RS zone would increase the adjacent RS zoning district, which it is anticipated that it would be developed in junction with the surrounding residential uses to the north and east. Therefore, minimizing potential impacts of commercial development on existing residential uses. As noted by the applicants, there is a need for additional housing and this rezone would allow for residential uses without going through additional planning processes. Comprehensive Plan – Land Use Classification The existing land use classification is Mixed-Use and the intent as outlined in the Imagine Kenai 2030 Comprehensive Plan (“Comprehensive Plan”) states the following: Mixed use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co-located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. Findings: The existing land use classification states a compatible mix of residential and commercial uses. It is anticipated that this area will become residential uses. In the RS zone, several commercial uses are permitted subject to a Conditional Use Permit (see attached Land Use Table). The proposed rezone to RS zone would be consistent with the Mixed-Use land use classification as identified in the Comprehensive Plan. Therefore, an amendment to the land use map in the Comprehensive Plan is not required. During the 2016 Comprehensive Page 158 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 5 of 6 Plan update, City Council passed Ordinance No. 2908-2016, approving and adopting a revised 2030 Comprehensive Plan updated in 2016, which shows that the draft land use plan map included in the Ordinance packet but it was not carry into the final version of the Comprehensive Plan (see attached draft Land Use Plan map). This is important to note the correct land use classification because it determines whether an amendment to the Comprehensive Plan is required. If it was classified as General Commercial as it is shown in the final version, then the City would need to make the findings for the Comprehensive Plan amendment in addition to the rezone of the zoning district. The Comprehensive Plan supports this rezoning in the following identified goal: Goal 1 – Quality of Life: Promote and encourage quality of life in Kenai.  Q-4: Promote the siting and design of land uses that are in harmony and scale with surrounding uses. Findings: The proposed rezone to RS would align with the current low to medium density residential character of the neighborhood. Existing Use In the proposed rezone area, the only existing principal use is a single-family dwelling on the property located at 1206 First Avenue, which is adjacent to the storage yard for the commercial office/warehouse in the northwest corner of N. Spruce Street and First Avenue. Findings: The proposed rezone to RS zone would make the existing single-family dwelling compliant with the zoning district. Under the existing CG zone, the existing residence is considered a non-conforming use since residential use is not permitted to be a principal use. Therefore, any expansions or alterations of the residence would be subject to KMC Section 14.20.050 Nonconforming lots, structures, and uses. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the rezone were mailed to property owners within a three hundred-foot (300’) periphery of the subject properties. City staff published notice of the public hearing in the Peninsula Clarion, and notification was posted. No public comments have been received as-of-date. This rezone request was previously advertised as a public hearing for Planning & Commission meeting held on October 25, 2023. Due to discrepancies discovered by Planning staff, a staff report and resolution was not included in the packet. Therefore, no action was taken at the public meeting. However, due to the advertisement of the proposal as a public hearing, public testimony was opened and the applicant, Nancy Wiles was present to support the rezone request. In addition, Mr. Keith Shaffer, resident at 104 Birch Street was in support of the rezone to residential. STAFF RECOMMENDATION Based on the findings and analysis in this staff report, Staff recommends the Planning & Zoning Commission recommend approval of the rezone request for the properties located at 1202, 1204, and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban Page 159 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 6 of 6 Residential (RS) zoning district. Planning & Zoning Commission’s recommendation will be forwarded to City Council for consideration. ATTACHMENTS Zoning Map Application Materials Application Letter of Intent Aerial Map Petition Signature List KMC 14.22.010 Land Use Table Draft Land Use Plan Map Page 160 Resolution PZ2023-19 Rezone from CG to RS 1202, 1204, and 1206 First Avenue And 103 Birch Street N Map for Reference Only NOT A LEGAL DOCUMENT Date Printed : 11/8/2023 ' 0.-------.------1 1---------------1 A. 80 160 320 Feet Page 161 RECEIVED CITY O KENAI City of Kenai Rezoning Application Planning Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 9961 ·I (907) 283-8200 planning@kenai .city By: www .ken a i .cily/pla nning Name: N Mailing Address: Phone Number(s): Email: Kenai Peninsula Borough Parcel# (s): Physical Address: Legal Description: Present Zone: Intended Use and/or Reason for Rezoning (attach additional sheets if necessary): The area proposed to be rezoned contains a minimum of 1 acre (excluding street or alley rights- of-way), unless the amendment enlarges an adjacent zoning district boundary. This proposed amendment to the zoning ordinance is not substantially the same as any other unapproved proposed amendment submitted within the previous 9 months. I understand a public hearing is required as outlined in the Kenai Zoning Code, a $250 fee is required ($265 total after tax), and that this application will be reviewed following Kenai City Code 14.20.270, available at kenai.municipal.codes/KMC/14.20.270. I have included a map of the proposed rezone area and applicable signatures. The proposed Zoning Code and Official Zoning Map Amendments is initiated by (check one): D Kenai City Council D Kenai Planning & Zoning Commission E Petition of majority of the property owners in the area to be rezoned 0 Petition bearing the signatures of 50 registered voters within the City of Kenai D Petition as provided by the Home Rule Charter of the City of Kenai Signature: Printed Name: Date: For City Use Only PZ Resolution Number: lXJYES t$YES '6?J.YES YES Page 162 Rezoning Application Nancy & Michael Wiles 1206 First Avenue Kenai, AK 99611 Ken Dunbar P.O. Bdt969 Kenai, AK 99611 {907) 398-6613 nlwiles@hotmail.com (907) 947-3000 kdunbar@dunbarandsons.com Kenai Peninsula Borough Parcel Numbers/Physical Address/Legal Description: 04317028 04317029 04317030 04317013 1202 First Ave T 6N R 11 W SEC 31 Seward Meridian KN 0850055 letzring 1985 SUB OF GOVT LOT 169 LOT 1 1206 First Ave T 6N R 11W SEC 31 Seward Meridian KN 0850055 letzring 1985 SUB OF GOVT LOT 169 LOT 2 1204 First Ave T 6N R 11W SEC 31 Seward Meridian KN 0850055 Letzring 1985 SUB OF GOVT LOT 169 LOT 3 103 Birch St T 6N R 11 W SEC 31 Seward Meridian KN GOVT LOT 170 Intended Use and/or Reason for Rezoning: As property owners of the above lots, we request they be rezoned from Central Commercial to Suburban Residential. It is our belief that the community is better served with additional affordable housing rather than commercial use in this area. As attested by the 56 neighborhood signatures (as well as our two), our neighbors agree and wish to have homes built in this area. Rezoning to SR would bring this section of the block into alignment with the current neighborhood. Mr. Dunbar wishes to subdivide and build four single family homes on the 103 Birch St. lot. The City would benefit from having the additional tax base of the completed homes, as well as the income from water and sewer utilities. The community would benefit by having affordable rental properties in a convenient location. The Wiles originally purchased 1202 and 1204 First Ave. in order to be able to gift or sell a lot to each of their children in order to build a home or cabin. There is the potential of two more homes being built. They have lived in the home at 1206 First Avenue since 1985. Page 163 1202, 1204, 1206 1st Ave & 103 Birch St M O ----- ·~. ·--~ --- • I • ·-~ C • ~· -~ ~.. . ii , 't .. . .,._ . . Thi~ niap is a user ganernted static oU~)IJt from an Internet mapoing site and Is ror retereoa, ooly. Oat;) layers that appear on 11115 map may or -, not be ocairatl!, wrrent or otherwise renablE, Do not use fer navlqati~n DATE PRINTED: 9/12/2023 • MIieposts City Limits Highways Major Roads Roads Town Medlurn VctJm• -Town Lcwl8Moom:i1; ~her f'ropgocd P~rcels Image ■ Red: Rell ■ G""'n: GrHn • BIU8! Blus 0 Page 164 PETITION TO REZONE \ aTlplateLAB Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government lot 170 and letzring Subdivision, formerly Government lot 169) The property at 1202, 1204, 1206 First Avenue and the adjoining lot at 103 Birch Street are currently zoned General Commercial. We request this land be rezoned to Suburban Residential to bring it into alignment with the majority of the surrounding area. We welcome the opportunity to have more homes built in our neighbourhood, and see no need for commercial property at this site as there is plenty of land zoned commercial in more appropriate areas of Kenai. Name: G:¾u I f ~14.Y lC.5 Address: JID BircA.. 71 Signature: iJ2e / ,,,K~ Name: k' f,;, 1-rH S riR Fr"LIZ_ Address: ID Lt T31 ~ St, Signatur~~ Name: _'J';//ti.3/. .,l P/?-~ JS Address: /(t)'fJ/_1.&/1-ST, , sq:oatur•A'~ f . eflU-i-l .• ,./ Name: V 't C \-o \ \ o.._ /}::owe, Address: f ll '1S\<ch S\-1 'he,(\~\ A"' Signature: ~ D (iv:...:J',,(_ 2 3 © templatelab.com Page 165 ( PETITION TO REZONE ~ 'DV ~ ",mptate l 8 Subiect Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the comer of Birch Street and First Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name : Giv (1 5 1'; l _s Address: 'Sl () ~'u(Jf+k_ ~{)rt.V<.e s·-1-' /Gv~ l iAI<-~~ L ( l Signature:~---~ Name: t:\.. £t.t,~-A-Htt.cl h -e~ Address: / / o 3 2,•1~:1 /J ve. nue. f(-r::ncu /-1 k. t/rrc,• I I Signature: ,/e ~~:rffo~ Name: G-in (A So.rn ue.} r Address: /ID;;), -rfiJR._J> fl . r6£.r70--l, Signature: Name: ~[~ce,. W~•(...g./'· Address; 41!.f /J-~vfv Sf) -~i-u,~..,, Signature: t)ui,~~C(../ LU~ Name: ~ ~ ;/ W cd4 Address : 2. l Lf !3 ~ ~.M{ Signature: 9"0..;z:;; +/-.. lJ ~ © templatelab.com Page 166 ( PETITION TO REZONE 1 1 einplate LAB Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name : /l/4 lv'fiJ"f l)Af ~ L,( Address: 1-08 B/12--C H S T(l.£'-&,J Signature/~ ;> Name: WRA Address: z, Signature: r Name: ~l.,.. Loc.,YJJ~ Address, ;;;i_o s ~ SI Signature, ~ I\A;:;:: ~oMrt-J<rlA<e"2-Name: ·t1 1 '" Address: \. J.. O L\ J ruQ, ~ Signature: {>~,~--------- {5 lb l1 © templatelab.com Page 167 PETITION. TO REZO NE r:r "'IBV , . ..:mplateLAB Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of airch Street and First Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name: 1(0 ~av+ ,S;pV'-"'-;r'v' Address: }20'1 ~lrd t4v-e ~ Signatu~ Name: ${ \0-S~c\·~<\e,{ Address: 13-0lP Th\rd A,J~ .. Signature :.J)~v--~ .. ~ Name: t!.f64Rl € S /:1+1h,/<+4WI 4 Address: / ;1..e:>-:Z.. Pbc<.eN PA-CG Signature: ~K~ Name: ( V~ ~sm Address: 3o 11 [3vU, A ✓ l-• Signature: ~} ( ~ Name : \tW Address: 30 l 1 b-U.. Jwt,, /~ Signaturett,,,$ /7/,Z Name: ~ q .;+~ Address: 3 C) \ _& tfl. c~ ✓ Signature:~ Q,_, f{ ~-·· f.cJ. ~-:ix l3~} I-<( e,, ~c-.,; © t e mplatelab.com Page 168 ( PETITION_ TO REZONE \a JinplateLAB Sublect Matter: We petition the City of t<enai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. {Government lot 170 and L-etzring Subdivision, formerfy Government Jot 169) ~ t4t1~ Name: ---~ ti e.,r--. Cr-\, Address: D c2 Signature:~~- !{ O"_j/1) /IU'5 Name: I( Address: ) ti B ;// l 5 f Signature: D f I ./4,Jt~ /\ Cl"-(_,/+tt,,~ ,~ Name: Otv1~-eJLt. eobmt.-+s~ Address: Ll D 2. f:>i 'l..C. h. S+. Signature \)~ ~ Name: 4 { f ~v... /G(r""-r Address: '-( Ol {St re~ 5 /- Signature: Name: ploSSo VV\ fvl C &i~ Address: tfoli2 e;, Y-C,,N\ S\- Signature : © templatelab.com Page 169 PETITION TO REZO NE '• JinplateLAB Sublect Matter: We petition the City of Kenai to Amend the Kena; Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government tot 170 and Letzring Subdivision, formerly Government lot 169) Na~e: (t~ {)~~ Address: /J.4. (},~ G /1) Id Signa ture: {I(~ a~7 / Nam e: ¼---e.Cl l~·"""' ~~,,( Address: Ill I ~ C) .. r<~a \ 1~'£. qq ~ l / Signatu r e:~ vt/~ Nam e: M 41..cot.n M cg/l~Ae Address: , , I/ r 111 er K6AJ;w::. Signature :~ A'P~(s Name: WflO'h, ~-. Address : \ z_cr;-~'>(h c_J- Signature:~ 31 © templatelab.com Page 170 PETITION TO REZON E ~~ jfnplate LAB Subiect Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (G.overnment lot 170 and Letzring Subdivision, formerly Government lot 169) Name: G/...ENNA /YL sw~AR.tN {;G""N Address: / D 7 BJ/( Cf-/ St Signature~Jf~ Name: -~ ~ s..p"· ce.-r Address : 120 fo 1 I¼ A 'I -r-/'i---ve Signature: _ -A _ . ~Y-A-,Jl. s l' (. Clk\ Name: /Z.0 6Q.. v-t-~ \ vt,SD"V'. Address : 12-0(o lj f',,1 _A Ve - Signature: ~-LJ ~~~~ N~me: ~t:tf-h l.e.~ (cot,kle) +>, n \:::Q..y-~Oy\ Address : l"l.03 l.{+h A ·../e, kevtA.'\ 1 AK .. Signature: C...~ ~~ 31 40 © templatelab.com Page 171 ( PETITION TO REZO NE Subiect Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner.of Birch Street and First Avenue. (Government lot 170 and letiring Subdivision, formerly Government lot 169) Name: Ul\<.U.. f-,.\. ca~:H ~ Address: '313 c\'-'..di CiV, 1<..<-~: A-,_ ci'l<Ll\ Signatu r-e: -o<'~~~.w&c.._-~-l/1- l/4 Name: ~ZG:C:·r Le__ c~ .,,,..,, ,M<..- Add"ress: Signature: ~,/2.-/ ~/~ l-f ~~::; /J A L ){.(or er" r Name: • /\ 0 mo ft , (_. .. V -~. J4A_ Address: 3 I .2 c· I ll Ci Y I r /\.,,C' /1 J4 I I Signature1 ~ / /,1/~ Name: iA t f 1 fiolE fr Address: 3 / L C II~ 1> r c.., A, l-c;E»4 :r- Signature: -1t/ ,a!f-1t-{ ?-- l{] © templatelab.com Page 172 PETITION TO REZONE Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue·. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name: VerV\~ \_~ lSV\,~ Address: )'l.t o ..\""" ~~ \.(t,,ft-~, A\~ 9tt lt l/ Signature: -~ ~-~ Signature: Name: J?DC.U.:> 5~jvJy~ Address-: j 1-l)i, &/ -r'-1 A J f: , K~ ;J/k Signature: ~ ,Y~ ' Name: ew-\~ ~bJJ Address : l:LJ J l{!? ~ /~ r kfL Signature:d,f__ ~ Name: (JADE 1'1-0(C.f).~ Address: 2 (( tJ t f..C µ, .s-<. f<.e;tf,4 • , Ilk; Signature: ~J ~ sO © templatelab.c.om Page 173 PETITION TO REZONE ' . einplateLAB Subject Matter:-We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and Fi rst Aven ue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name: (Y'cv +'-'a L . W\~~ Address: -2.J) ~lvcll\ 5 ~ Signature: ~ I ~ Name: ·('(\ Pr~~--(Y'\ QO'Q..£_ Address; \ )-0 7 )'~ f/v--l ~fv1~ Signature: Person lodging this petition is: Name: fv&i\ C· W \ \e., °S' . Add ress: r:;iJ -80 \-Av~ l< ~M \ A k 9~ I/ Signature: <if~ L uJ ~ Person lodging this petiv on is: . )_ Name : K81/HBl1 L._., Du11t1J{}C/r , Address: F✓o, ~)C 9b </' /{~(), #(,{ 99C✓ Signature: ~~"'----- s5 © templat elab.com Page 174 KMC 14.22.010, Land use table Page 1 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21 Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21 Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 Mobile Home Parks6 N N C N C C C C C C C C N C N N C Planned Unit Residential Development7 N C18 C C29 C C C C C C C C N C C C C Townhouses4 N C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C Accessory Building on Parcel Without Main Building or Use (See N N C C C C C C N N N N N N C N N Page 175 KMC 14.22.010, Land use table Page 2 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. KMC 14.20.200) COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C Adult Businesses N N N N N N N N P31 P31 P31 P31 N N N N N Automotive Sales C N C N N N N C P P P P N N N N P Automotive Service Stations C N C N N N N C P P P P N C N N P Banks C N C N C N N C P P P C N C C C P Business/Consumer Services C N C C C N N C P P P C N C C C P Commercial Recreation N N C N C N N C P P C C N P C C P Guide Service C N C N C N N C P P P P N P P C P Hotels/Motels C N C N C N N C P P P C N C P C P Lodge C N C N C N N C P P P C N P P C P Marijuana Cultivation Facility, Limited30 N N N N N N N N N C C C N N N C N Marijuana Cultivation Facility, Standard30 N N N N N N N N N C C C N N N C N Marijuana Product Manufacturing Facility30 N N N N N N N N N C C C N N N N N Marijuana Testing Facility30 N N N N N N N N C C P P N N N C C Professional Offices C N C C C N N P P P P P N C P P P Page 176 KMC 14.22.010, Land use table Page 3 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Restaurants C N C N C N N C P P P C N C C C P Retail Business C N26 C N C N N C P P P P S24 S24 C C P Retail Marijuana Store30 N N N N N N N N N C C C N N N C C Theaters N N C N C N N C P P C C N P C C P Wholesale Business C N C N C N N C C P P P N S24 C C N INDUSTRIAL Airports C P20 C N C N N C C C C C N C N N C Necessary Aviation Facilities P P C C C C C C P P P P C P C P P Automotive Repair P N C N C N N C P P P P N N N N P Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N Manufacturing/Fabricating/Assembly P N C N C N N C C P P P N C C N C Mini-Storage Facility C N C N C N N C C P P P N N N C C Storage Yard C N C N C N N C C P P P N N N N C Warehouses C N C N C N N C N P P P N C N N N PUBLIC/INSTITUTIONAL Assisted Living N C C C C C C C C C C C C C C C C Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P Clinics N C C N C C C C P P P C C C C P P Page 177 KMC 14.22.010, Land use table Page 4 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Colleges* N C C C29 C C C C P P C C P C C C P Elementary Schools* N C C C29 C C C C P P C C P C C C P Governmental Buildings P C C C29 C C C C P P P C P C C P P High Schools* N C C C29 C C C C P P C C P C C C P Hospitals* N C C N C C C C P P P C C C C C P Libraries* N C C C29 C C C C12 P P P C P C P C P Museums C C C C29 C C C C P P P C P C P C P Parks and Recreation N P C C29 C C C C P P P P P P P C P MISCELLANEOUS Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P15 P15 P15 P15 C P N P15 Bed and Breakfasts N C C C C C C C C C C C N P C C P Cabin Rentals N C C N C N N N P P P C N P P C P Cemeteries P C C N C N N N N C C C N C C N N Communications Towers and Antenna(s), Radio/TV Transmitters/Cell Sites** 28 C P C N C C C C P P P P P C C C C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C Page 178 KMC 14.22.010, Land use table Page 5 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Day Care Centers12 N C C C29 C C C C P P P C C C C P P Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P Essential Services P P P P P P P P P P P P P P P P P Farming/General Agriculture*** N P P N N N N N N N N P N P N N N Fraternal Organizations/ Private Clubs/Social Halls and Union Halls N N C N C C C C P P P C N C P C P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P Gunsmithing, Taxidermy N N C C C C C C P P P P N C P P P Nursing, Convalescent or Rest Homes N N C N C C C C P P C C C C C C P Parking, Public Lots12 C C C N C C C C C C C C C C C C C Personal Services25 N C C N C C C C P P P P C C P P/C27 P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N N N * See 42 U.S.C. Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 U.S.C. Telecommunications Act of 1996, Sec. 704(a) *** See, however, the limitations imposed under KMC 3.10.070 Footnotes: Page 179 KMC 14.22.010, Land use table Page 6 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans. 2 One (1) single-family residence per parcel, which is part of the main building. 3 Allowed as a conditional use, subject to satisfying the following conditions: a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS Zone; b The site square footage in area must be approved by the Commission; c Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR Zone; d Water and sewer facilities shall meet the requirements of all applicable health regulations; e The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i The property adjacent to the proposed dwelling group will not be adversely affected. 4 See “Townhouses” section. 5 See “Mobile Homes” section. 6 Allowed as a conditional use, subject to “Mobile Homes” section; and provided, that any mobile home park meets the minimum Federal Housing Authority requirements. 7 See “Planned Unit Residential Development” section. 8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met. 10 Provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. Page 180 KMC 14.22.010, Land use table Page 7 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. 11 Allowed as a conditional use; provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line; and provided further, that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12 Allowed as a conditional use; provided, that the following conditions are met: a The proposed location of the use and the size and characteristics of the site will maximize its benefit to the public; b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13 Allowed as a conditional use; provided, that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 3.15). 14 Allowed as a conditional use; provided, that no indication of said use is evident from the exterior of the mortuary. 15 Allowed; provided, that the following conditions are met: a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16 See “Conditional Uses” section. 17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section. 18 Conditional use allowed only on privately held property. Not allowed on government lands. 19 Reserved. 20 The airport-related uses allowed under this entry are aircraft approach and departure zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed. 21 Developments for use shall be the same as those listed in the Development Requirements Table for the RU/TSH Zones. 22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone. For example, housing for teachers or students for a school in the zone. 23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone. For example, a dormitory used to house students for a school or educational facility. Page 181 KMC 14.22.010, Land use table Page 8 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. 24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27 Personal services not set forth in the below matrix are conditional uses. Limited Commercial Zone Personal Services Permitted (P) Conditional Use (C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Photographic Studios X Self-Service Laundries X Tailors X Tanning Salons X Tattoo Parlors X 28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.150 and 14.20.255 are met. 29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from Page 182 KMC 14.22.010, Land use table Page 9 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel. 30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—Definitions, 14.20.330—Standards for commercial marijuana establishments. 31 See KMC 14.20.175—Adult businesses; no adult business may be located within one thousand (1,000) feet of another adult business, or sensitive use. “Sensitive use” means a church or other place of worship, a public or private school (licensed pre-K through twelfth grade) or businesses where or areas where youth are likely to be present (limited to public parks, youth recreational centers, public playgrounds, public libraries). (Amended during 7-7-99 supplement; Ord. 1862-2000; Amended during 12-1-00 supplement; Ords. 1911-2001, 1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005, 2112-2005, 2113-2005, 2144-2006, 2152-2006, 2185-2006, 2195-2006, 2246-2007, 2272-2007, 2403-2009, 2425-2009, 2546-2011, 2610-2012, 2649-2012, 2688-2013, 2784-2014, 2870-2016, 2884-2016, 3025-2018, 3056-2019, 3083-2019 (Substitute), 3363-2023) The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.kenai.city City Telephone: (907) 283-7535 Hosted by Code Publishing Company, A General Code Company. Page 183 Fo r e s t D r 20 1 6 C i t y K e n a i C o m p r e h e n s i v e P l a n Pu b l i c H e a r i n g D r a f t 61 Ju l y 2 0 1 6 Ma 7. Land Use Plan -General Commercial D Central Commercial Low Density Residential -Airport Industrial -Mixed Use -Industrial Institutional Parks, Recreation & Open Space Data Source: City of Kenai _,,,.-· 2016 I ·-·-·-·, t ' \ j ,·"' 0.5 2 Miles Date: 10/14/2016 Page 184 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3384-2023 AN ORDINANCE CANCELLING PREVIOUSLY APPROPRIATED PROJECTS, AUTHORIZING A TRANSFER OF FUNDS FROM THE WASTEWATER FACILITY CAPITAL PROJECT FUND TO THE WATER AND SEWER CAPITAL PROJECT FUND AND APPROPRIATING SUPPLEMENTAL FUNDS FOR THE CONSTRUCTION OF A NEW WATER PUMP HOUSE AT THE CITY’S WATER TREATMENT FACILITY. WHEREAS, the Water and Sewer Utility’s number one capital priority in the 2024-2028 Capital Plan was construction of a new pumphouse at the Utilities Water Treatment Facility; and, WHEREAS, construction of the pumphouse was contingent on receiving grant funds; and, WHEREAS, on August 1, 2023 the City was notified the project was eligible for a $1,200,000 loan from the Alaska Drinking Water Fund and loan forgiveness of $1,200,000; and, WHEREAS, with the assistance of Bond Counsel, it was determined that if the City paid for the cost of construction and then sought reimbursement that the City would not incur debt: and, WHEREAS, the City has identified other projects which may be canceled to provide the needed funding to pay for the upfront cost of construction; and, WHEREAS, projects in the Wastewater Facility Capital Project Fund to be canceled include design of a remodel of the Wastewater Facility Operations Building, $300,000, Wastewater Facility Aeration Basin Recoating, $90,000, and Wastewater Facility Pump House Recoating, $40,000; and, WHEREAS, canceling of the projects in the Wastewater Facility Capital Project Fund will provide for a transfer of $400,000 to the Water and Sewer Capital Project Fund and the return of $30,000 to the Water and Sewer Special Revenue Fund; and, WHEREAS, projects in the Water and Sewer Capital Project Fund to be canceled include the project to design disinfectant generation equipment, $100,000, and the project for improvements at the utilities Reservoir #1, $300,000; and, WHEREAS, the $400,000 in funds made available from canceling projects in the Water and Sewer Capital Project Fund will be combined with the $400,000 being transferred from the Wastewater Facility Capital Project Fund, $400,000 to supplement the $400,000 previously appropriated for the design of a new pump house for a total project budget of $1,200,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the following previously appropriated projects in the Wastewater Facility Capital Project Fund are canceled: 1. Wastewater Facility Operations Building Remodel Design $300,000 2. Wastewater Facility Aeration Basin Recoating 90,000 3. Wastewater Facility Pump House Recoating 40,000 $430,000 Page 185 Ordinance No. 3384-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Section 2. That the following previously appropriated projects in the Water and Sewer Capital Project Fund are canceled: 1. Disinfectant Generation Equipment Design $100,000 2. Reservoir #1 Pumphouse Improvement 300,000 $400,000 Section 3. That the following transfers in the Wastewater Facility Capital Project Fund are authorized: Transfer to Water and Sewer Capital Project Fund $400,000 Transfer to Water and Sewer Special Revenue Fund 30,000 $430,000 Section 4. That estimated revenues and appropriations be increased as follows: Water and Sewer Capital Project Fund: Increase/Decrease revenues: Appropriation of Fund Balance $400,000 Transfer from Wastewater Facility Capital Project Fund 400,000 $800,000 Increase/Decrease expenditures – Water Treatment Pumphouse Project – Construction $800,000 Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 6. 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 3RD DAY OF JANUARY, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: December 20, 2023 Enacted: January 3, 2024 Effective: January 3, 2024 Page 186 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: December 13, 2023 SUBJECT: Ordinance No. 3384–2023 Water Pump House The purpose of this memo is to clarify the prioritization of funds in the Water and Sewer Capital Project Funds. As Council has already been informed, the department was successful in applying for and receiving a $1,200,000 grant in support of our Water Pump House project. This project is intended to resolve a primary deficiency within our water distribution system. Our city does not have a water tower to provide constant water pressure. Our system is dependent upon pumps to provide and maintain that pressure. These pumps operate off of electricity, and a loss or interruption in power, results in a rapid drop in water pressure. This project will provide a new structure to house multiple new distribution pumps, controls and all appurtenances including back up power. Preliminary design work had already been completed at the time the water treatment plant was developed a little over a decade ago. This structure did not go forward at that time due to a lack of funding. Those drawings are being updated to todays codes as well as to comply with grant requirements. Regarding the projects that are being canceled to support this work, the Wastewater Operations Facility remains a high priority and the design for this project will be moved to FY2025 in the upcoming draft of the Capital Improvement Plan. The Disinfectant Generation Equipment and Airport Reservoir project will also move forward at later dates and will be detailed within the upcoming Capital Improvement Plan to reflect the change. The Aeration Basin Recoating project was intended to be completed with internal department staff. This project has not been able to move forward due to staff time constraints and will be evaluated for a future project to be bid out to contractors. The WWTP Pump House Recoating project was completed, with staff using a small amount of operational funds. The $40,000 allocated to this work is no longer needed. Transferring of these funds in support of the Water Pump House Project is in the best interest of the City. The Design work will continue through the winter with an Invitation to Bid tracking for a 2nd quarter 2024 release. Council’s support is respectfully requested. Page 187 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Terry Eubank, City Manager DATE: December 13, 2023 SUBJECT: Action/ Approval - Authorizing Memorandum of Agreement with the Kenai Peninsula Borough for Tourism Promotion Per the attached memo from Joe Rizzo, Kenai Peninsula Borough Communications Director, the Borough Administration would like to promote tourism on the Peninsula but is restricted by provisions of KPB Code which limit tourism promotion to unincorporated areas of the Borough. The Kenai Peninsula Borough has produced a tourism film featuring the cities of Soldotna, Kenai, Homer, and Seward. The proposed Memorandum of Agreement will allow the Borough to work collaboratively with the City in promoting the City for tourism utilizing films, like the one already produced, and other promotional tools The Administration reviewed the tourism film, and there are no conflicts with the City’s current marketing programs. The attached Memorandum of Agreement, does allow the City to withdraw from the Agreement at any time and for any reason, and does not require any financial contribution by the City, has been reviewed and approved by the City Attorney. If the City Council approves the Memorandum of Agreement, the City Manager will be authorized to execute the Agreement on behalf of the City. Thank you for your consideration. Attachments Memorandum of Agreement Memo from Office of Borough Mayor Peter Micciche Page 188 MEMORANDUM OF AGREEMENT – PROMOTION OF TOURISM Page 1 of 10 Memorandum of Agreement Between Kenai Peninsula Borough and the Cities of Kachemak, Kenai, Homer, Seldovia, Seward, and Soldotna For the Joint Exercise of a Tourism Promotion This Memorandum of Agreement (hereinafter the “Agreement”) is by and between the Kenai Peninsula Borough, whose address is 144 North Binkley Street, Soldotna, AK 99669, (hereinafter “Borough”) and the participating Cities of Kachemak, Kenai, Homer, Seldovia, Seward, and Soldotna (hereinafter “Cities,” or “City”) whose addresses are included on the signatory page below, for the purpose of intergovernmental joint exercise of tourism promotion (hereinafter “tourism promotion”). WHEREAS, Article X, Section 13 of the Alaska Constitution authorizes local governments to enter into agreements for the cooperative or joint administration of any function or power, unless otherwise prohibited by law or charter; and WHEREAS, AS 29.35.010(13) provides authority for the Borough to enter into intergovernmental cooperative agreements for the joint administration of a Borough function or power; and WHEREAS, KPB 19.10.030 provides that the Borough may exercise its non-areawide tourism promotion powers with a city through joint exercise or administration with a city; and WHEREAS, the Borough recently engaged a promotion video team to create tourism promotion videos for the Borough and as part of those videos the Borough’s intent would be to directly and indirectly promote the signatory cities within the Borough; and WHEREAS, the parties hereto wish to memorialize the joint exercise and promotion of tourism which will constitute their agreement on terms and conditions related to tourism promotion, and provide for the potential for future joint ventures as well; THE PARTIES THEREFORE AGREE, in consideration of the mutual promises contained in this Agreement and the services and fees provided, as set forth below: 1. PURPOSE AND INTENT This Agreement is established and entered into between the parties for the purpose of jointly exercising promotion of tourism powers. This Agreement contemplates a basic promotion of tourism intergovernmental agreement and does not obligate the Borough or a city to fund or promote tourism. 2. BOROUGH’S OBLIGATIONS a. In its sole discretion, subject to appropriation and availability of funds, the Borough may from time to time promote Borough tourism in a manner that also promotes the great cities within the Borough. Page 189 MEMORANDUM OF AGREEMENT – PROMOTION OF TOURISM Page 2 of 10 b. Should the Borough include a city in a promotion of tourism campaign, Borough administration will provide the city administration with a draft of the campaign, prior to publication or release, of the promotional materials for city review and approval. c. Any Borough tourism promotion campaign not approved by a city, will not include any direct or specific references to that city. 3. CITIES’ OBLIGATIONS a. In its sole discretion, subject to appropriation and availability of funds, a city may from time to time promote tourism in a manner that also promotes the area outside of a city. b. A city that is provided a draft or pre-release screening of any promotional materials from the Borough agrees to respond within two weeks of receipt and agrees not to disseminate or release the materials which will be considered proprietary, confidential, and subject to deliberative process privilege until a final version is released or otherwise publicized. 4. WITHDRAWAL Any party to this Agreement may withdraw from the Agreement at any time and for any reason with the understanding that if a party withdraws from this Agreement after a promotional campaign has begun any promotion of tourism materials that includes the city may not be able to be removed immediately. Such materials will be removed when it is reasonably practical to do so. 5. CITY AND KPB CODE AND STATE LAW This Agreement does not supersede any City code, City charter, or KPB code or state law. If a provision of this Agreement conflicts with KPB or City code, City charter, or state law, the respective code and state law controls. 6. CONFIDENTIALITY All draft or pre-release promotional materials are considered confidential and proprietary to the party providing the materials to the other party. For Borough materials, third-party requests for the materials prior to release will be referred to the Borough and the Borough will respond accordingly. 7. SOLE RESPONSIBILITY FOR CLAIMS. Any party that runs a tourism promotion campaign pursuant to this Agreement is solely responsible for any claims that arise from the campaign. 8. DISCLAIMER OF WARRANTY. Any tourism promotion under this Agreement is furnished as is, where is, with all faults and without warranty of any kind, express or implied, including any warranty of merchantability or fitness for any particular purpose. Page 190 MEMORANDUM OF AGREEMENT – PROMOTION OF TOURISM Page 3 of 10 9. AMENDMENT OF AGREEMENT This Agreement may only be modified or amended by written agreement of the parties. 10. COUNTERPARTS; ELECTRONIC SIGNATURE This Agreement may be executed in counterparts and may be executed by way of facsimile or electronic signature in compliance with AS 09.80, each of which when so executed shall constitute an original and all of which together shall constitute one and the same instrument. 11. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties. [REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK] // // // // // // // // // // // // // // // // // // // // // // // // // // // // Page 191 MEMORANDUM OF AGREEMENT – PROMOTION OF TOURISM Page 4 of 10 KENAI PENINSULA BOROUGH 144 N BINKLEY STREET SOLDOTNA, AK 99669 _________________________________ By: Peter A. Micciche, Mayor Date: ________________ ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________ ______________________________ Michele Turner, Borough Clerk Sean Kelley, Borough Attorney Page 192 MEMORANDUM OF AGREEMENT – PROMOTION OF TOURISM Page 5 of 10 KACHEMAK CITY 59906 BEAR CREEK DR. HOMER, AK 99603 _________________________________ By: William Overway, Mayor Date: _______________ ATTEST: ______________________________ Laurie Wallace, City Clerk Page 193 MEMORANDUM OF AGREEMENT – PROMOTION OF TOURISM Page 6 of 10 CITY OF KENAI 210 FIDALGO AVE. KENAI, AK 99611 _________________________________ By: Terry Eubank, City Manager ATTEST: ______________________________ Shellie Saner, City Clerk Page 194 MEMORANDUM OF AGREEMENT – PROMOTION OF TOURISM Page 7 of 10 CITY OF HOMER 491 E. PIONEER AVE. HOMER, AK 99603 _________________________________ By: Rob Dumouchel, City Manager Date: _________________ ATTEST: ______________________________ Melissa Jacobsen, City Clerk Page 195 MEMORANDUM OF AGREEMENT – PROMOTION OF TOURISM Page 8 of 10 CITY OF SELDOVIA PO DRAWER B SELDOVIA, AK 99663 _________________________________ By: Heidi Geagel, City Manager Date: __________________ ATTEST: ______________________________ Liz Diament, City Clerk Page 196 MEMORANDUM OF AGREEMENT – PROMOTION OF TOURISM Page 9 of 10 CITY OF SEWARD PO BOX 167 SEWARD, AK 99664 _________________________________ By: Kat Sorensen, City Manager Date: ______________________ ATTEST: ______________________________ Kris Peck, City Clerk Page 197 MEMORANDUM OF AGREEMENT – PROMOTION OF TOURISM Page 10 of 10 CITY OF SOLDOTNA 177 N BIRCH ST. SOLDOTNA, AK 99669 _________________________________ By: Janette Bower, City Manager Date: ________________ ATTEST: ______________________________ Johni Blankenship, City Clerk Page 198 144 N. Binkley Street, Soldotna, Alaska 99669  (907) 714-2150 Office of the Borough Clerk Office of Borough Mayor Peter Micciche From: Joe Rizzo, Communications Director, Kenai Peninsula Borough. jrizzo@kpb.us 907-714-2158 To: Cities of Kenai, Soldotna, Homer, Seward, Kachemak, and Seldovia. Coming on as the communications director for the Kenai Peninsula Borough, I wanted to help promote tourism in the KPB. Because KPB 19.10.030 stipulates that the KPB’s efforts in tourism promotion are to be restricted to unincorporated areas, a memorandum of agreement is required for the borough to cooperatively work to promote tourism in cities around the KPB. The attached MOA will allow the borough to work collaboratively with cities and chambers of commerce in the promotion of tourism throughout our borough. You will be sent a docusign to execute the MOA. We have already produced a tourism film that features the cities of Soldotna, Kenai, Homer and Seward (see link in the email). This MOA will allow us to continue and expand our efforts in promoting tourism in your respective cities. I look forward to working with you and your chambers of commerce to promote tourism and foster economic development in the borough. We would like to start airing these promotional videos before the end of the year. Please contact me with any questions. Page 199 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: December 13, 2023 SUBJECT: Setting of FY2025 Budget Goals Work Session The Administration is preparing for the FY2025 Annual Budget development process. While typically broad in nature, establishing the Council’s budget goals is valuable in guiding the Administration and provides targets for preparing the proposed budget. This process has proven beneficial since it began with the preparation of the FY2023 Budget, and the Administration is once again requesting a work session to discuss the Council’s budget goals. The Administration will provide draft goals prior to the work session to facilitate the conversation with the adoption of a resolution to follow at a subsequent City Council meeting to finalize the FY2025 Goals. Your support for setting a work session to discuss FY2025 Budget Goals is respectfully requested. Page 200 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: December 13, 2023 SUBJECT: Discussion – Scheduling a CIP Work Session The Public Works Department, in coordination with the Administration and all Department Heads, is nearing the completion of the Draft version of the FY2025-FY2029 Capital Improvement Plan. All Departments and Commissions reviewed their specific project priorities in preparation of the Draft Plan. At this time, we would like to request Council to schedule a time to conduct our annual work session. We anticipate providing the Draft Plan to Council as an informational item at the January 3, 2024 meeting. The Work Session can be scheduled any time after that. Conducting the Work Session in January will support and provide sufficient time in the development of the City’s annual budget process. I will be available to answer any Council questions. Page 201 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: November 30, 2023 SUBJECT: Scheduling a Joint Work Session with Kenaitze Indian Tribe The Administration has been in contact with the Kenaitze Indian Tribe regarding scheduling a joint work session. The Tribal Council is interested in hosting a joint meeting with the Kenai City Council at Tyotkas Elders Center from 6:00 p.m. to 7:00 p.m. on Thursday, January 18, 2024. The Tyotkas Elders Center is located at 1000 Mission Avenue in Old Town Kenai. The facility includes a gathering space that could accommodate a public meeting. The purpose of a joint work session is to continue to provide an opportunity for the Tribal Council and City Council to discuss items that are important to each organization and explore ways to partner on future projects that benefit the community. The first joint work session with the Kenaitze Indian Tribe was held on January 4, 2023 in the Kenai City Council Chambers. Items for discussion included the Kenai Waterfront Revitalization, Refurbishment of the Old Town Playground, Grant Opportunities, Increased Coordination/Collaboration between Tribal Security and the Kenai Police Department, and opportunities for the City Council to Support Tribal Activities. If the City Council is available to meet for a joint work session at the proposed time, the Administration can work with Kenaitze Indian Tribe Operations Director Rudy Wilson to prepare an agenda for the meeting. Thank you for your consideration. Page 202 Virtual Meetings Participation Past Year Analytics Meeting Date Total Participants Members & Liaisons Public Participants Presenters/ Applicants Staff Media (Non- Participating) Non- Participating Virtual Attendees Notes Airport Commission Meeting 12/08/22 2 2 ----- Airport Commission Meeting 01/12/23 0 ------ Airport Commission Meeting 03/09/23 1 1 ----- Airport Commission Work Session 04/13/23 2 1 -1 --- Airport Commission Meeting (*Data unavailable)05/11/23 1*1 -----*No Analytics Available Airport Commission Work Session 07/13/23 1 -----1 Airport Commission Meeting 09/14/23 0 ------ Airport Commission Meeting 10/12/23 0 ------ Airport Commission Meeting 11/09/23 2 2 ----- Beautification Committee Meeting 04/11/23 1 1 ------ Beautification Committee Meeting 09/12/23 0 ------- Beautification Committee Work Session & Special Meeting 11/14/23 0 ------- City Council Work Session & Regular Meeting 12/21/22 3 2 ----1 City Council Work Session & Regular Meeting 01/04/23 1 -----1 City Council Work Session & Regular Meeting 01/04/23 2 -----2 City Council Meeting 01/18/23 1 -----1 City Council Meeting 02/01/23 15 -3 ---12 Chicken Hen Ordinance City Council Work Session and Meeting 02/15/23 6 1 -1 1 -3 City Council Meeting 03/01/23 10 -2 1 1 -6 Chicken Hen Ordinance City Council Meeting 03/15/23 3 -1*0 1 -1 Summer Ice (*Anchorage resident) City Council Meeting 04/05/23 1 -----1 City Council Meeting 04/19/23 2 ---1 -1 City Council Special Meeting 04/27/23 0 ------ City Council Work Session - FY2024 Draft Budget 04/29/23 12 ---5 1 6 City Council Work Session and Regular Meeting 05/03/23 13 2 --2 1 8 Dog Park City Council Meeting 05/17/23 1 1 ----- City Council Meeting 06/07/23 0 ------ City Council Special Meeting & Regular Meeting 06/21/23 1 1 ----- City Council Meeting 07/05/23 2 1 ----1 City Council Meeting 08/02/23 2 1 1 ---- City Council Special Meeting 08/11/23 3 2 ----1 City Council Meeting 08/16/23 0 ------ City Council Meeting 09/06/23 3 -2 --1 - City Council Meeting 09/20/23 2 1 ----1 City Council Meeting 10/04/23 5 -2 --1 2 City Council Meeting 10/19/23 14 1 ---1 12 Zoom Bombing City Council Meeting 11/01/23 4 1 --2 1 - City Council Meeting 11/15/23 3 2 ----1 Harbor Commission Meeting 04/10/23 0 ------ Harbor Commission Meeting 08/07/23 0 ------ Harbor Commission Meeting 09/11/23 2 2 ----- Harbor Commission Work Session & Regular Meeting 11/06/23 0 ------ Parks & Recreation Commission Work Session 01/05/23 0 ------ Parks & Recreation Commission Meeting 03/02/23 0 ------ Parks & Recreation Commission Special Meeting & Work Session 05/04/23 1 1 ----- Parks & Recreation Commission Meeting 09/07/23 0 ------ Parks & Recreation/Beautification Committee Joint Work Session 10/05/23 0 ------ Parks & Recreation Commission Work Session & Regular Meeting 11/02/23 1 1 ----- Page 203 Virtual Meetings Participation Past Year Analytics Meeting Date Total Participants Members & Liaisons Public Participants Presenters/ Applicants Staff Media (Non- Participating) Non- Participating Virtual Attendees Notes Planning & Zoning Commission Meeting 12/14/22 0 ------ Planning & Zoning Commission Meeting 12/28/22 0 ------ Planning & Zoning Commission Work Session 01/11/23 0 ------ Planning & Zoning Commission Work Session & Regular Meeting 01/25/23 5 1 2 ---2 Planning & Zoning Commission Work Session 02/08/23 2 1 ----1 Planning & Zoning Commission Meeting 02/22/23 4 -1 ---3 Planning & Zoning Commission Meeting 03/22/23 7 1 1 2 1 -2 Planning & Zoning Commission Work Session & Meeting 04/26/23 1 -----1 Planning & Zoning Commission and Beautification Committee Joint Work Sessio 05/18/23 0 -----0 Planning & Zoning Commission Meeting 05/24/23 3 --3 --0 Planning & Zoning Commission Meeting 06/14/23 0 -----0 Planning & Zoning Commission - Work Session & Regular Meeting 06/28/23 1 -----1 Planning & Zoning Commission Meeting 07/12/23 1 1 ----0 Planning & Zoning Commission Meeting 07/26/23 0 -----0 Planning & Zoning Commission Meeting 09/13/23 4 1 -2 --1 Planning & Zoning Commission Meeting 09/27/23 1 1 ----0 Planning & Zoning Commission Meeting 10/25/23 3 -2 ---1 Planning & Zoning Commission Meeting 11/08/23 1 -----1 Planning & Zoning Commission Meeting 11/29/23 0 -----0 156 34 17 10 14 6 75TOTALS: Page 204 KENAI COUNCIL ON AGING – REGULAR MEETING SEPTEMBER 14, 2023 – 3:00 P.M. KENAI SENIOR CENTER 361 SENIOR CT., KENAI, AK 99611 CHAIR RACHAEL CRAIG, PRESIDING Council on Aging Meeting Page 1 of 2 September 14, 2023 ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Council on Aging was held on September 14, 2023, at the Kenai Senior Center, Kenai, AK. Chair Craig called the meeting to order at approximately 3:00 p.m. 1. Pledge of Allegiance Chair Craig led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Rachael Craig, Chair Roy Williams, Vice Chair Glenese Pettey Kenneth Ayers Frances Kilfoyle John Straughn Velda Geller Barbara Modigh A quorum was present. Also in attendance were: Kathy Romain, Senior Center Director Deborah Sounart, City Council Liaison 3. Agenda Approval MOTION: Council Member Straughn MOVED to approve the agenda as presented. Council Member Ayers SECONDED the motion. VOTE: There being no objection; SO ORDERED. B. SCHEDULED PUBLIC COMMENTS – 1. Brandi Bell, Elders & Transportation Manager, Kenaitze Indian Tribe – Fixed-Route Bus Service Community Survey & Information Brandi Bell discussed the fixed rate bus service and other services available to the community through Dena’ina Wellness including behavioral health, food cache, etc. C. UNSCHEDULED PUBLIC COMMENTS D. APPROVAL OF ACTION MINUTES 1. May 11, 2023. MOTION: Commissioner Williams MOVED to approve the May 11, 2023 Summary. Commissioner Pettey SECONDED the motion. Page 205 Council on Aging Meeting Page 2 of 2 September 14, 2023 VOTE: There being no objection; SO ORDERED. E. UNFINISHED BUSINESS 1. Approval of the Kenai Senior Center Code of Conduct and Ethics, 2023 Revision Director Romain discussed adding a clause to the Kenai Senior Center Code of Conduct and Ethics that was approved at the May 11, 2023 Meeting. She noted that it will be handed out in October with updated client information seats. Discussion occurred. MOTION: Commissioner Pettey MOVED to approve the final revised version of the Kenai Senior Center Code of Conduct and Ethics. Commissioner Straughn SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. F. NEW BUSINESS – None. G. REPORTS 1. Senior Center Director – Director Romain reported on the following: • Volunteer Appreciation in October. • 2 job openings at the Senior Center. 2. Council on Aging Chair – Chair Craig reported that she attended the lunch on September 12, noted that people brought their own to-go containers. 3. City Council Liaison – Council Member Sounart reported on actions from the September 6, 2023 City Council Meeting. H. ADDITIONAL PUBLIC COMMENTS – None. I. NEXT MEETING ATTENDANCE NOTIFICATION – October 12, 2023. Director Romain noted that she was planning a work session to ask for suggestions on problem areas. J. COMMISSION QUESTIONS AND COMMENTS K. ADJOURNMENT L. INFORMATIONAL ITEMS 1. City of Kenai Commissions, Committees and Council on Aging Review There being no further business before the Council on Aging, the meeting was adjourned at 3:50 p.m. I certify the above represents accurate minutes of the Council on Aging meeting of September 14, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 206 KENAI COUNCIL ON AGING – REGULAR MEETING NOVEMBER 9, 2023 – 3:00 P.M. KENAI SENIOR CENTER 361 SENIOR CT., KENAI, AK 99611 Council on Aging Meeting Page 1 of 2 November 9, 2023 ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Council on Aging was held on November 9, 2023, at the Kenai Senior Center, Kenai, AK. Senior Center Activity/Volunteer Coordinator Feltman called the meeting to order at approximately 3:00 p.m. 1. Pledge of Allegiance 2. Roll Call There were present: None. A quorum was not present. Absent: Rachael Craig, Chair Roy Williams, Vice Chair Glenese Pettey Kenneth Ayers Frances Kilfoyle John Straughn Velda Geller Barbara Modigh [Clerk’s Note: due to inclement weather and poor road conditions, Council on Aging members were notified on the morning of November 9, 2023 that another meeting would be scheduled for Thursday, November 16, 2023 that will address the same meeting agenda.] In attendance were: Kayla Feltman, Senior Center Activity/Volunteer Coordinator 3. Agenda Approval B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS - None. D. APPROVAL OF MINUTES 1. September 14, 2023. E. UNFINISHED BUSINESS – None. F. NEW BUSINESS 1. Discussion/Recommendation - Recommending Council Consideration of the Council on Aging FY2025-FY2029 Capital Improvement Project Priority List G. REPORTS 1. Senior Center Director 2. Commission Chair 3. City Council Liaison Page 207 Council on Aging Meeting Page 2 of 2 November 9, 2023 H. ADDITIONAL PUBLIC COMMENTS – None. I. NEXT MEETING ATTENDANCE NOTIFICATION – December 14, 2023. J. COMMISSION QUESTIONS AND COMMENTS K. ADJOURNMENT L. INFORMATIONAL ITEMS – None. Due to a lack of a quorum, the meeting was adjourned at approximately 3:01 p.m. I certify the above represents accurate minutes of the Council on Aging meeting of November 9, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 208 KENAI COUNCIL ON AGING – REGULAR MEETING NOVEMBER 16, 2023 KENAI SENIOR CENTER 361 SENIOR CT., KENAI, AK 99611 Council on Aging Meeting Page 1 of 2 November 9, 2023 ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Council on Aging was held on November 9, 2023, at the Kenai Senior Center, Kenai, AK. Senior Director Romain called the meeting to order at approximately 3:20 p.m. 1. Pledge of Allegiance 2. Roll Call There were present: Velda Geller Barbara Modigh A quorum was not present. Absent: Rachael Craig, Chair Roy Williams, Vice Chair Glenese Pettey Kenneth Ayers Frances Kilfoyle John Straughn In attendance were: Kathy Romain, Senior Center Director Kayla Feltman, Senior Center Activity/Volunteer Coordinator James Baisden, City Council Liaison 3. Agenda Approval B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS - None. D. APPROVAL OF MINUTES 1. September 14, 2023. E. UNFINISHED BUSINESS – None. F. NEW BUSINESS 1. Discussion/Recommendation - Recommending Council Consideration of the Council on Aging FY2025-FY2029 Capital Improvement Project Priority List G. REPORTS 1. Senior Center Director 2. Commission Chair 3. City Council Liaison H. ADDITIONAL PUBLIC COMMENTS – None. Page 209 Council on Aging Meeting Page 2 of 2 November 9, 2023 I. NEXT MEETING ATTENDANCE NOTIFICATION – December 14, 2023. J. COMMISSION QUESTIONS AND COMMENTS K. ADJOURNMENT L. INFORMATIONAL ITEMS – None. Due to a lack of a quorum, the meeting was adjourned at approximately 3:21 p.m. I certify the above represents accurate minutes of the Council on Aging meeting of November 16, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 210 KENAI AIRPORT COMMISSION – REGULAR MEETING NOVEMBER 9, 2023 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR GLENDA FEEKEN, PRESIDING Airport Commission Meeting Page 1 of 3 September 14, 2023 ACTION MINUTES A.CALL TO ORDER A Regular Meeting of the Airport Commission was held on November 9, 2023, in City Hall Council Chambers, Kenai, AK. Chair Feeken called the meeting to order at approximately 6:00 p.m. 1.Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. 2.Roll Call There were present: Glenda Feeken, Chair Paul Minelga, Vice Chair James Bielefeld Jacob Caldwell Dan Pitts A quorum was present. Absent: James Zirul Joshua Daily Also in attendance were: Mary Bondurant, Interim Airport Manager Sarah Conley, Airport Administrative Assistant Henry Knackstedt, City Council Liaison 3.Agenda Approval MOTION: Commissioner Bielefeld MOVED to approve the agenda as presented. Commissioner Caldwell SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. B.SCHEDULED PUBLIC COMMENTS 1.Terry Eubank – City Manager City Manager Eubank was unavailable at the time of the meeting. C.UNSCHEDULED PUBLIC COMMENTS - None. D.APPROVAL OF ACTION MINUTES 1.October 12, 2023. Page 211 Airport Commission Meeting Page 2 of 3 September 14, 2023 MOTION: Commissioner Zirul MOVED to approve the October 13, 2023 Minutes, with the correction that the location needs to be changed to City Hall Council Chambers. Commissioner Caldwell SECONDED the motion. VOTE: There being no objection; SO ORDERED. E.UNFINISHED BUSINESS – None. F.NEW BUSINESS 1.Discussion/Recommendation – Special Use Permit to the American Red Cross MOTION: Commissioner Caldwell MOVED to recommend City Council approval of the Special Use Permit to the American Red Cross. Commissioner Bielefeld SECONDED the motion. Interim Airport Manager gave a staff report with information provided in the packet. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. G.REPORTS 1.Airport Manager – Interim Airport Manager Bondurant reported on the following: •Runway/taxiway projects and funding; project costs changing and HDL hired as engineers. •The Airport will acquire one loader and one plow truck. •Hoping for stakeholder/public involvement in Capital Improvement Plan. •FAA will support Operations Facility boiler project. •RAVN Airlines gave 60-day notice, will no longer be operating at the Kenai Airport by January 1, 2024. •Upcoming Christmas tree decorating contest. •Airport is fully staffed with winter operations crew. •Kenai Aviation Pumpkin Drop event was a success. 2.City Council Liaison – Council Member Knackstedt reported on the actions of the November 1, 2023 City Council meeting. H.ADDITIONAL PUBLIC COMMENTS – None. I.NEXT MEETING ATTENDANCE NOTIFICATION – December 14, 2023 J.COMMISSION QUESTIONS AND COMMENTS K. ADJOURNMENT L.INFORMATIONAL ITEMS 1. Correction Memo - Special Use Permit to Crowley 2.Article & FAA Brief on Vertiport Design Page 212 Airport Commission Meeting Page 3 of 3 September 14, 2023 There being no further business before the Airport Commission, the meeting was adjourned at 6:19 p.m. I certify the above represents accurate minutes of the Airport Commission meeting of November 9, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 213 KENAI HARBOR COMMISSION – REGULAR MEETING NOVEMBER 6, 2023 KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 Harbor Commission Meeting Page 1 of 3 November 6, 2023 ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Harbor Commission was held on November 6, 2023, in City Hall Council Chambers, Kenai, AK following the adjournment of their 6:00 p.m. Work Session. The meeting was called to order at approximately 6:42 p.m. 1. Pledge of Allegiance Director Curtin led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Nate Berga, Vice Chair Lisa Gabriel John Coston Bob Peters David Peck Matthew Moffis Jeanne Reveal A quorum was present. Also in attendance were: Scott Curtin, Public Works Director Lisa List, Public Works Administrative Assistant Victoria Askin, City Council Liaison 3. Election of Chair and Vice Chair MOTION: Commissioner Peck MOVED to nominate Commissioner Berga as Chair. Commissioner Peters SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. MOTION: Commissioner Peters MOVED to nominate Commissioner Gabriel as Vice Chair. Commissioner Reveal SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 4. Agenda Approval MOTION: Commissioner Peters MOVED to approve the agenda as written. Vice Chair Gabriel SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. Page 214 Harbor Commission Meeting Page 2 of 3 November 6, 2023 B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS - None. D. APPROVAL OF ACTION MINUTES 1. August 8, 2022 2. November 7, 2022 3. April 10, 2023 4. August 17, 2023 MOTION: Commissioner Peters MOVED to approve the August 8, 2022; November 7, 2022; April 10, 2023; and August 17, 2023 Minutes. Commissioner Coston SECONDED the motion. VOTE: There being no objection; SO ORDERED. E. UNFINISHED BUSINESS – None. F. NEW BUSINESS 1. Discussion/Recommendation - Recommending Council Consideration of the Harbor Commission FY2025-FY2029 Capital Improvement Project Priority List MOTION: Commissioner Peck MOVED to recommend Council Consideration of the Harbor Commission FY2025- FY2029 Capital Improvement Project Priority List as presented, with no new projects added. Vice Chair Gabriel SECONDED the motion. VOTE: There being no objection; SO ORDERED. G. REPORTS 5. Public Works Director – Director Curtin reported on the following: • Bluff Project – November 20th release of bid • Paving project has been completed. • Discussion on parking signage 6. Commission Chair – No report. 7. City Council Liaison – Council Member Askin reported on the actions of the November 1, 2023 City Council meeting. H. ADDITIONAL PUBLIC COMMENTS – None. I. NEXT MEETING ATTENDANCE NOTIFICATION - February 12, 2024. J. COMMISSION QUESTIONS AND COMMENTS New commission members and Council Member Askin were welcomed. Vice Chair Gabriel asked about how to add an item to future Commission agendas. Page 215 Harbor Commission Meeting Page 3 of 3 November 6, 2023 K. ADJOURNMENT L. INFORMATIONAL ITEMS There being no further business before the Harbor Commission, the meeting was adjourned at 7:15 p.m. I certify the above represents accurate minutes of the Harbor Commission meeting of November 6, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 216 KENAI PARKS & RECREATION COMMISSION – REGULAR MEETING NOVEMBER 2, 2023 KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR GRANT WISNIEWSKI, PRESIDING Parks and Recreation Commission Meeting Page 1 of 3 November 2, 2023 ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Parks & Recreation Commission was held on November 2, 2023, in City Hall Council Chambers, Kenai, AK, following the adjournment of their 6:00 p.m. Work Session. Chair Wisniewski called the meeting to order at approximately 7:21 p.m. 1. Pledge of Allegiance Chair Wisniewski led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Grant Wisniewski, Chair Sovala Kisena, Vice Chair Kyle Graham Jennifer Joanis Michael Bernard A quorum was present. Absent: David Rigall Charlie Stephens Also in attendance were: Tyler Best, Parks & Recreation Director Jenna Brown, Parks & Recreation Assistant Director Deborah Sounart, City Council Liaison 3. Agenda Approval MOTION: Commissioner Joanis MOVED to approve the agenda as written. Commissioner Bernard SECONDED the motion. VOTE: There being no objection; SO ORDERED. B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS - None. D. APPROVAL OF ACTION MINUTES 1. May 4, 2023 Special Meeting 2. September 7, 2023 Regular Meeting MOTION: Vice Chair Kisena MOVED to approve the minutes of May 4, 2023 and September 7, 2023. Commissioner Bernard SECONDED the motion. Page 217 Parks & Recreation Commission Meeting Page 2 of 3 November 2, 2023 VOTE: There being no objection; SO ORDERED. E. UNFINISHED BUSINESS – None. F. NEW BUSINESS 1. Discussion/Recommendation - Recommending Council Consideration of the Parks & Recreation Commission FY2025-FY2029 Capital Improvement Project Priority List MOTION: Vice Chair Kisena MOVED to recommend Council consideration of the Parks & Recreation Commission’s FY2025-2029 Capital Improvement Project Priority List as follows: FY25 Tractor purchase Old Town Playground FY26 Sports Complex design FY27 Beaver Creek Park Pavilion replacement FY28 Greenstrip Pavilion replacement ADA parking and pathway at the Greenstrip FY29 Relocation of Parks and Rec to Daubenspeck Commissioner Joanis SECONDED the motion. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. G. REPORTS 1. Parks & Recreation Director – Director Best reported on the following: • Currently hanging up Christmas lights pre-snowfall and winter décor. • Potential Kenai Recreation Center HVAC arrival in February. 2. Commission Chair – Chair Wisniewski discussed trailers being evicted out of town. 3. City Council Liaison – Council Member Sounart reported on the actions of the November 1, 2023 City Council Meeting. H. ADDITIONAL PUBLIC COMMENTS – None. I. NEXT MEETING ATTENDANCE NOTIFICATION – December 7, 2023. J. COMMISSION QUESTIONS AND COMMENTS – None. K. ADJOURNMENT L. INFORMATIONAL ITEMS – None. Page 218 Parks & Recreation Commission Meeting Page 3 of 3 November 2, 2023 There being no further business before the Parks & Recreation Commission, the meeting was adjourned at approximately 7:37 p.m. I certify the above represents accurate minutes of the Parks & Recreation Commission meeting of November 2, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 219 [ KENAI PLANNING & ZONING COMMISSION REGULAR MEETING NOVEMBER 8, 2023 -7:00 P.M. A. CALL TO ORDER KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JEFF TWAIT, PRESIDING MINUTES A Regular Meeting of the Kenai Planning & Zoning Commission was held on November 8, 2023, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Jeff Twait, Chair Gary Greenberg John Coston Diane Fikes Jim Glendening A quorum was present. Absent: Joe Halstead, Vice Chair Gwen Woodard Also in attendance were : Linda Mitchell, Planning Director Alex Douthit, City Council Liaison Meghan Thibodeau, Deputy City Clerk 3. Approval of Agenda and Consent Agenda MOTION: Commissioner Greenberg MOVED to approve the agenda and consent agenda. Commissioner Coston SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Twait opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. There being no objection; 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 qf these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of October 25, 2023 Planning & Zoning Commission Meeting November 8, 2023 Page 1 of 3 Page 220 Approved by the consent agenda . C. SCHEDULED PUBLIC COMMENTS -None. D. UNSCHEDULED PUBLIC COMMENTS -None. E. CONSIDERATION OF PLATS-None. F. PUBLIC HEARINGS 1. Resolution PZ2023-19 -Recommending Approval to Rezone the Properties Located at 103 Birch Street and 1202, 1204, and 1206 First Avenue From General Commercial (CG) to Suburban Residential (RS) Zoning District. MOTION: Commissioner Greenberg MOVED to approve Resolution PZ2023-19. Commissioner Glendening SECONDED the motion. Director Mitchell presented her staff report with information in the packet, explaining that the applicant has requested to rezone four parcels of approximately 2.36 acres total. Current uses, surrounding uses, and applicant's reasons for zoning were reviewed, and it was noted that the property owners' signatures met the threshold for a majority required for rezoning . Clarification was provided that after reviewing the Comprehensive Plan, an incorrect land use map was found which delayed presentation of the resolution to the Commission; a Comprehensive Plan amendment is not required. It was noted that staffs recommendation is that the Commission recommend approval of the rezone to City Council. Chair Twait opened for public hearing. There being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Fikes, Coston, Greenberg, Glendening, Twait NAY: None ABSENT: Halstead, Woodard MOTION PASSED UNANIMOUSLY. G. UNFINISHED BUSINESS -None. H. NEW BUSINESS 1. *Action/Approval -Requesting an Excused Absence for the October 25, 2023 Regular Meeting -Greenberg. Approved by the consent agenda. 2. *Action/Approval -Granting a Home Occupation Permit to Allow a Home Day Care for up to Eight (8) Children on a Property Located at 621 Fir Drive in the Suburban Residential (RS) Zoning District. Approved by the consent agenda. I. REPORTS 1. City Council -Council Member Douthit reported on the actions of the November 1, 2023 City Council meeting. 2. Kenai Peninsula Borough Planning -No report. 3. City Administration -Planning Director Mitchell reported on the following: Planning & Zoning Commission Meeting November 8, 2023 Page 2 of 3 Page 221 r • Clarified Planning code requirements for conditional use permit applicant participation. • Recruitment for a second part-time administrative assistant is to be determined. • The City is doing a classification study; will be published early next year. • Bluff stabilization update: City was issued real estate certification. • Building plans for Kassik's Brewery have been submitted. • Waterfront rezone is still in progress. J. ADDITIONAL PUBLIC COMMENT Keith Shaffer requested clarification on the current status of the rezone in PZ2023-19, and expressed appreciation for how it was handled. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: November 22, 2023 Commissioners Fikes and Greenberg noted they may be absent. L. COMMISSION COMMENTS AND QUESTIONS Commissioner Glendening thanked Council Member Douthit for his report; expressed interest in having virtual meetings participation being referred to Commissions for the discussion. Commissioner Greenberg noted a split zone on North Spruce Street for future cleanup. Chair Twait requested clarification on the code for Commissioner and Council Member remote electronic participation. M. PENDING ITEMS -None. N. ADJOURNMENT 0. INFORMATIONAL ITEMS -None. There being no further business before the Commission, the meeting was adjourned at 7:39 p.m_. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of November 8, 2023. M~ Deputy City Clerk Planning & Zoning Commission Meeting November 8, 2023 Page 3 of 3 Page 222 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING NOVEMBER 29, 2023 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JEFF TWAIT, PRESIDING Planning & Zoning Commission Meeting Page 1 of 4 November 29, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on November 29, 2023, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Jeff Twait, Chair Gwen Woodard Gary Greenberg Jim Glendening John Coston Diane Fikes A quorum was present. Absent: Joe Halstead, Vice Chair Also in attendance were: Linda Mitchell, Planning Director Meghan Thibodeau, Deputy City Clerk Alex Douthit, City Council Liaison 3. Approval of Agenda and Consent Agenda MOTION: Commissioner Greenberg MOVED to approve the agenda and consent agenda. Commissioner Coston SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Twait opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of November 8, 2023 Page 223 Planning & Zoning Commission Meeting Page 2 of 4 November 29, 2023 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution PZ2023-21 – Recommending Approval for Preliminary Plat – Kenai Townsite Oiler’s 2024 Addition for a Parcel Merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B, Kenai Townsite Oilers Addition, a Right-of-Way Vacation of Outside Way as Dedicated on Original Townsite of Kenai Subdivision, a Utility Easement Vacation, and a 60-foot Right of Way Dedication in the Central Commercial (CC) Zoning District. MOTION: Commissioner Greenberg MOVED to approve Resolution PZ2023-21. Commissioner Woodard SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet, and it was noted that the applicant has requested to a merger of three parcels, a right-of-way (ROW) vacation and a ROW dedication. Clarification was provided that the request was originally submitted and approved in 1994, but unfortunately the final plat was never recorded so the applicants have submitted the same request but with a 60-foot ROW instead of 40-foot. Zoning, uses of surrounding lots and conditions of approval were reviewed; staff recommended approval subject to the following conditions: 1. Reduce the proposed 60-foot ROW dedication to 50 feet. 2. Correct the note reference from Note 8 to Note 6 for the indicated 5’ Public Street Easement Note 8. 3. Revise the street suffix of the proposed street name, Oilers “Avenue” to “Street”. 4. Kenai City Council must consent to the ROW vacation of Outside Way between Cook Avenue and Riverview Drive is not needed for a public purpose and approve the ROW vacation. 5. Kenai City Council adopt a resolution for the naming of the 50-foot dedicated ROW to Oilers Street. Jason Young, a surveyor working on this project, explained the applicant’s reasons for the requests and responded to questions from the Commission. Discussion ensued. MOTION: Commissioner Greenberg MOVED to amend Resolution PZ2023-21 Condition 1 to read “The proposed 60-foot ROW dedication may be reduced to 50 feet, subject to the applicant providing acceptable evidence that a 50-foot ROW covers the existing road.” Commissioner Woodard SECONDED the motion. VOTE ON AMENDMENT: YEA: Glendening, Woodard, Greenberg, Coston, Fikes, Twait NAY: None ABSENT: Halstead MOTION PASSED WITHOUT OBJECTION. VOTE ON MAIN MOTION AS AMENDED: YEA: Fikes, Twait, Coston, Glendening, Greenberg, Woodard NAY: None ABSENT: Halstead MOTION PASSED WITHOUT OBJECTION. Page 224 Planning & Zoning Commission Meeting Page 3 of 4 November 29, 2023 F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. *Action/Approval - Requesting an Excused Absence for the November 8, 2023 Regular Meeting – Halstead and Woodard. Approved by the consent agenda. I. REPORTS 1. City Council – Council Member Douthit reported on the actions of the November 15, 2023 City Council Meeting. 2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the November 13, 2023 Kenai Peninsula Borough Planning Commission Meeting. 3. City Administration – Planning Director Mitchell reported on the following: • The second part-time Planning Administrative Assistant job has been posted. • The Kenai Peninsula Borough is offering a training on its new GIS mapping system on December 4th via Zoom. • Discussed with Commissioners their availability for the December 27th meeting; Commissioner Fikes noted she would not be available December 13th nor 27th, and Commissioner Coston confirmed that he could attend on the 27th via Zoom. J. ADDITIONAL PUBLIC COMMENT – None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: December 13, 2023 L. COMMISSION COMMENTS AND QUESTIONS Commissioner Glendening noted the good discussion, and that he is looking forward to working with the new commissioners. Commissioner Coston stated that it was a good discussion. Commissioner Fikes requested excused absences for December 13th and 27th. M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATIONAL ITEMS – None. There being no further business before the Commission, the meeting was adjourned at 8:03 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of November 29, 2023. Page 225 Planning & Zoning Commission Meeting Page 4 of 4 November 29, 2023 ___________________________________ Meghan Thibodeau Deputy City Clerk Page 226 KENAI BEAUTIFICATION COMMITTEE – SPECIAL MEETING NOVEMBER 14, 2023 KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR SARAH DOUTHIT, PRESIDING Beautification Committee Special Meeting Page 1 of 2 November 14, 2023 ACTION MINUTES A. CALL TO ORDER A Special Meeting of the Beautification Committee was held on November 14, 2023, in City Hall Council Chambers, Kenai, AK, following the adjournment of the 6:00 p.m. Work Session. Chair Douthit called the meeting to order at approximately 7:02 p.m. 1. Pledge of Allegiance Chair Douthit led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Sarah Douthit, Chair Christina Warner A quorum was not present. Absent: Emily Heale, Vice Chair Barbara Roland Terri Wilson Also in attendance were: Tyler Best, Parks & Recreation Director Jenna Brown, Parks & Recreation Assistant Director Phil Daniel, City Council Liaison 3. Agenda Approval B. UNSCHEDULED PUBLIC COMMENTS - None. C. NEW BUSINESS 1. Discussion/Recommendation – Recommending Council Consideration of the Beautification Committee FY2025-FY2029 Capital Improvement Project Priority List D. ADDITIONAL PUBLIC COMMENTS - None. E. NEXT MEETING ATTENDANCE NOTIFICATION – January 9, 2024 F. COMMISSION QUESTIONS AND COMMENTS G. ADJOURNMENT Due to lack of a quorum, the meeting was adjourned at 7:04 p.m. I certify the above represents accurate minutes of the Beautification Committee meeting of November 14, 2023. Page 227 Beautification Committee Special Meeting Page 2 of 2 November 14, 2023 ___________________________________ Meghan Thibodeau Deputy City Clerk Page 228 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: December 14, 2023 SUBJECT: Lease Updates – Granted Time Extension for Required Permanent Improvements City Council requested an update on leases that were granted a 12-month time extension to complete the required permanent improvements. Staff reached out to each lessee requesting an estimated timeline of improvement start date and completion date, and what actions that have taken place to demonstrate progress. Below is a brief summary and update of each lease with a time extension expiring in 2024. Lot 5A, Block 1, FBO Subdivision 2018 Replat – Schilling Rentals, LLC Resolution No. 2023-28 granted a 12-month time extension for required permanent improvements to be completed no later than May 31, 2024. The lease required the lessee to construct steel hangar with crew quarters with an aggregate cost of at least $1,200,000. The Administration has requested a meeting with Schilling Rentals, LLC in January and will provide an update after this meeting. Tract A-2, General Aviation Apron Subdivision No. 7 – SOAR International Ministries, Inc. Resolution No. 2023-44 granted a 12-month time extension for required permanent improvements to be completed no later than June 30, 2024. The lease required the lessee to construct a hangar facility for aircraft storage and maintenance, an aircraft ramp and tie-down, and parking, with an aggregate cost of at least $2,000,000. SOAR International Ministries, Inc. submitted a lease amendment application for additional land to build a larger hangar. Their initial request would interfere with the transient aircraft parking area and impact the access gate, utility box, and future rental car parking. A reduced amount of additional land has been agreed upon and ready to be brought forward to City Council for consideration in January. The specific date of start of construction is unknown due to increased cost. Construction is unlikely to begin prior to the improvement deadline as additional funding is needed and being sought for the project. Page 230 Page 2 of 2 Lot 5, FBO Subdivision No. 10 – Alaska Air Fuel, Inc. Resolution No. 2023-58 granted a 12-month time extension for required permanent improvements to be completed no later than September 30, 2024. The lease required the lessee to construct tarmac and hangar facility with offices, with an aggregate cost of at least $1,000,000. Staff has not received a project update since the one-year extension was granted and has made several attempts to contact Alaska Air Fuel, Inc. without any response. Staff will continue to reach out and provide an update at the following meeting. Page 231 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: December 3, 2023 SUBJECT: Airport Mid-month Report November 2023 2020/2021 Sand/SRE Storage Building – This project has a projected completion date of December 8, 2023. Airport Alternate - The Airport staff met with representatives from Conoco Phillips on November 30, 2023 to discuss using Kenai as an alternate. They currently operate 12 flights between Anchorage and the north slope a week with a possibility of increasing to 16 with Q400 aircraft. We discussed the logistics and availability of parking. In the future the fire department would like access to the aircraft. Conoco Phillips may be able to perform flight training to Kenai to allow this. PFAS testing- Staff met with HDL and Shannon and Wilson on November 28, 2023 to discuss the PFAS sampling. Runway 02L/20R will be closed from 12:00 AM – 5:00 AM (local time) on Friday, December 15, 2023 (A total of one-night closure). A comprehensive plan was created to allow for the least amount of disruption to operations. Airport staff then held conversations with Lifemed, Guardian, Grant Aviation, and Kenai Aviation to address any concerns. This testing is required to proceed with future 02L/20R reconstruction. In-house Activities • The Airport ACM was updated and approved by Matthew Stearns, Lead Airport Certification Safety Inspector, FAA, Airports Division – Alaskan Region. • The DBE Program for the Kenai Municipal Airport was updated and uploaded to the City of Kenai Website. • The Airport Emergency Plan was updated and approved by Matthew Stearns, Lead Airport Certification Safety Inspector, FAA, Airports Division – Alaskan Region. Page 232 Page 2 of 2 Airport Mid-Month Report Page 2 of 2 • The Airport Manager and Admin assistant have obtained their know traveler numbers and are completing their Airport Security Coordinator certifications. Applications have been submitted to the TSA to allow access to the Transportations Vetting Portal. • The 6th annual Christmas tree decorating contest is being held. The contest is an opportunity to share the holiday spirit with the community and general public. The airport tenants decorated trees and a winner will be announced December 20th. Page 233 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: December 4, 2023 SUBJECT: November 2023 Monthly Report This month the Kenai Animal Shelter took in 41 animals. Animal intake and disposition: DOGS: INTAKE 16 DISPOSITION 14 Waiver 11 Adopted 7 Stray 3 Euthanized 2 Impound 0 Claimed 3 Protective Custody 1 Field Release 0 Quarantine 1 Transferred 2 Other Intakes 0 Other Dispositions 0 CATS: INTAKE 21 DISPOSITION 20 Waiver 6 Adopted 10 Stray 15 Euthanized 6 Impound 0 Claimed 4 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 0 Other Intakes 0 Other Dispositions 0 Page 234 Page 2 of 2 0 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 18 Field Investigations & patrols 3.30 Volunteer Hours Logged 0 Citations 0 Educational Outreach 0 Microchip Total Animal Contacts: 7 Animals are known borough animals 20 Animals are known City of Kenai 5 Animals are known City of Soldotna 0 Animals are unknown location Statistical Data: 556 2021 YTD Intakes 457 2022 YTD Intakes 501 2023 YTD Intakes OTHER ANIMALS: INTAKE 4 DISPOSITION 3 Guinea Pig 2 Rabbit 1 Rabbit 2 Bird 0 Other 0 Guinea Pig 2 DOA: 11 OTHER STATISTICS: Dog 8 Licenses (City of Kenai Dog Licenses) 0 Cat 3 Rabies Clinic 0 Rabbit 0 Page 235 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Swarner, Finance Director DATE: December 12, 2023 SUBJECT: Finance Department, November 2023 Mid-month Report The department is focused on preparation of the City’s Annual Comprehensive Financial Report. This process includes closing of the FY23 financial records, fiscal year end grant reporting, completion of the annual Audit and finally financial statement preparation. We continue to provide documentation to the auditors as requested. The RFP for our Cybersecurity Assessment is under review and expected to be posted early in the new year. It is funded by the Department of Homeland Security and Emergency Management. The Controller position has been filled with our new Controller starting in mid-February. Preparation will soon begin for the FY25 annual budget. Historical and future projections are provided to departments in December to assist in their budget preparation and much work takes place in putting this information together. In preparation for the budget process the department is seeking comments or requests from Council members on specific improvements they would like to see or information they would like included in the FY2025 budget process. Page 236 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tony Prior, Fire Chief DATE: December 4, 2023 SUBJECT: Fire Department Mid-Month Report – November. November, 2023 calls for service decreased in comparison from 2022 calls, however, overall calls for the year-to-date are up 3.1% compared to 2022. Here are the calls for service break down. November 2022 2023 % change Month totals 146 137 -6.2% EMS 117 108 -7.7% All Other 29 29 0.0% Year total 1398 1442 3.1% Training: • All EMT III’s took a Pre-Hospital Trauma Life Support (PHTLS) course and were certified through National Association of Emergency Medical Technicians (NAEMT) in cooperation with the American College of Surgeons Committee on Trauma. • EMT III’s continued training on transition to AEMT with topics including: Airway Management, Medical Emergencies, OBGYN Emergencies, Psychiatric Emergencies and Pediatric Emergencies. • All shifts refreshed on Ice Rescue practices. • Paramedic Cory Lehl attended the EMS Symposium in Anchorage. • Rope Rescue training conducted specific to low angle bluff incidents. • Monthly ARFF training for all shifts. Projects/Grants: • Bidding received and closed for Phase II of our Community Wildfire Protection Plan (CWPP) mitigation. Resolution to award bid will be on Council Agenda for 12/20. • We submitted for Phase 24 of the Code Blue Grant which is designed for EMS equipment. • We completed and submitted our Medicare Ground Ambulance Data Collection System information required by the Centers for Medicare and Medicare Services. Page 237 Page 2 of 2 • We have also started to work on Supplemental Emergency Medical Transport (SEMT) for FY23 and have received confirmation that we should be expecting an interim payment for FY22 in December. • VFA Grant will be open soon and we will be submitting for equipment to assist in Wildland Firefighting Operations. Page 238 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, Human Resources Director DATE: December 11, 2023 SUBJECT: Human Resources Activity – November 2023 Recruitment Human Resources has been actively recruiting to fill several vacant positions. HR worked with Finance to recruit and hire a Controller who will be joining the City in February, and worked with the Public Works Department to recruit a Shop Mechanic for the City Shop. Additionally, a new Public Safety Dispatcher was brought on board with the Police Department, and a job offer was extended to a prospective Police Officer. The Senior Center recruited and hired a Kitchen Assistant. The Human Resources Department continues to actively recruit for a Public Safety Dispatcher, a part-time Administrative Assistant for Planning and Zoning, and a Recreation Center Worker for the Parks and Recreation Department. Safety/Training Two accidents were reported in November. Both were minor injuries with no damage to City equipment. Special Projects Human Resources worked with the City’s health and life insurance benefits consultant to provide information to employees for this years’ benefits open enrollment period. This years’ open enrollment was a passive enrollment, which began on November 6, and included the Medical, Prescription Drug, Vision and Dental plan offered through Premera, the Voluntary Life/AD&D and the suite of additional voluntary products offered through Lincoln and Flexible Spending Accounts (FSA’s). Human Resources continued to work with Administration and consultants from McGrath Human Resources Group to complete a Classification and Compensation study. Page 239 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Katja Wolfe, Library Director FROM: Hannah Meyer, Assistant to the Library Director DATE: December 12, 2023 SUBJECT: Library Report for November 2023 NOVEMBER 2023 AT A GLANCE Page 240 Page 2 of 2 • Our study and conference rooms were used by 123 individuals/groups for a total of 234 hours. • Seth Gray and Katja Wolfe attended the Library’s first library card signup event at Mountain View Elementary School. It was a huge success! • Our December calendar is looking merry and bright! Check out some of these upcoming events: o Author Meet & Greet (December 14th) o Gnome Craft (December 15th) o Ornament Craft (December 16th) o Caroling (December 16th) o Mrs. Claus Story Time (December 18th) o Scavenger Hunt (starting December 18th) o Holiday Trivia (December 19th) HIGHLIGHTS Kids • 10 Story Times – 173 participants • 4 Lego® Clubs – 56 participants • 2 American Girl Clubs – 26 participants • Little Crafts – 18 participants • Children’s Book Week Challenge – 54 participants Teens • Tech Lab – 9 participants Adults • 4 Tech Times – 9 participants • Soapmaking – 7 participants • Crafternoon – 12 participants All Ages • Basics of Chess – 8 participants NOVEMBER 2023 PROGRAMMING NOVEMBER 2023 SERVICE HIGHLIGHTS Page 241 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: December 12, 2023 SUBJECT: Mid-Month Report-November Parks and Recreation staff started hanging Christmas lights on November 1st. The Parks crew decorates various parks, city properties,and hangs Christmas décor on the street lights. The goal is to have all the lights up by Christmas Comes to Kenai. In addition to hanging Christmas lights, the cold weather and snow mean the park crew will start maintaining our ski trails at the Kenai Golf Course, our walking trails at Municipal Park, and Daubenspeak Pond for Ice Skating. The Parks staff also removes snow from fire hydrants around the City. We maintain a fire hydrant adoption program (see form attached). One community member who adopted their hydrant named it “Little Pump.” Kenai Rec. Center Visits-September Weight Room/Cardio Room 1281 Racquetball 56 Walleyball 72 Shower/Sauna 0 Gymnasium 1423 Other 0 Gym Rental Visits 2832 Total Number of Visits 4312 Page 242 Page 2 of 2 Municipal Park Walking Trails Kenia Golf Course Ski Trails Page 243 City of Kenai Adopt-A-Hydrant Program Do you want to serve your community? Then this may be the perfect program for you. During the Winter months, the City of Kenai has over 500 fire hydrants to maintain and to keep clear of snow. The City works hard to keep hydrants clear, but with the large snowfalls that can happen it can be difficult to maintain. We are asking for your help in this endeavor to adopt a fire hydrant. By adopting a fire hydrant, you will be helping emergency services locate and use these hydrants quicker and safer in case of winter emergencies! Page 244 What do you need to do? Locate and identify a hydrant, fill out the form below and send it to the Parks and Recreation Department at Parks@kenai.city or bring it to the Kenai Recreation Center at 227 Caviar, Kenai, Alaska 99669. Questions call the parks department at 907-283-8262. Then every time it snows, we ask that you check your hydrant and make sure it is clear of snow, as shown in the above graphic on the front page. Name: _______________________________________________ Business: (if applicable) __________________________________ Address: ______________________________________________ ______________________________________________________ Phone: ________________________________________________ Email: _________________________________________________ Hydrant Location: __________________________________________________________ __________________________________________________________ Page 245 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: December 12, 2023 SUBJECT: Planning and Zoning – November 2023 Monthly Report General Information • There has been a vacancy in the 2nd Administrative Assistant II position since November 6, 2023. The job posting will be closed on December 13th and interviews to be scheduled the following week. • Waterfront Rezone – Introduction of Ordinance in January. Application Summary Planning and Zoning received nine (9) applications in November, carried over 10 applications, and completed four (4) applications. Staff conducted four (4) pre-application meetings in collaboration with the Fire Marshal, Building Official, and/or Public Works Director. Applications No. Received Carried Over Completed In Progress Planning Building Permit 2 1 2 1 Sign Permit 0 1 0 1 Conditional Use Permit 0 1 0 1 Amendment 0 0 0 0 Time Extension 0 0 0 0 Transfer 0 0 0 0 Encroachment Permit 0 0 0 0 Landscaping/Site Plan 2 1 1 2 Page 246 Page 2 of 4 Home Occupation Permit 0 1 1 0 Plat 2 1 0 3 Easement/Right-of-Way 0 1 0 1 Variations/Exceptions 0 0 0 0 Variance 1 0 0 1 Zoning Map/Text Amendment 0 1 0 1 City-Initiated 0 0 0 0 Lands & Leases Purchase 0 0 0 0 New Lease 0 0 0 0 Renewal/Extension 0 0 0 0 Amendment 0 1 0 1 Assignment 0 0 0 0 Easements 1 0 0 1 Development Incentive 0 0 0 0 Special Use Permit 1 1 0 2 Total 9 10 4 15 Code Enforcement and Compliance In November, Planning and Zoning received eight (8) new complaints, one (1) was the same complaint on the abandoned vehicles off Fifth Avenue and Ash Avenue, two (2) were unfounded, and six (6) cases were closed. There is a cumulative total of 21 open cases. Violations No. of Open Cases Carried Over New Closed By Types Abandoned Vehicle(s) 2 2 3 3 Building (e.g., as-built, damaged or decayed) 3 3 0 0 Conditional Use Permit 1 1 0 0 Junk and/or Refuse 4 5 1 2 Junk Vehicle(s) 5 4 1 0 Livestock 1 0 1 0 Signs 1 1 0 0 Recreational Vehicle(s) 1 0 1 0 Zoning (e.g., structures, setbacks, use) 3 4 0 1 Total 21 20 7 6 Page 247 Page 3 of 4 List of Open Cases Property Address Date of Complaint Type of Violation 110 Aleene Way 5/4/2022 Junk Vehicles; Junk and/or Refuse 5264 Kenai Spur Hwy 5/12/2022 Junk and/or Refuse 508 Hemlock Avenue 5/13/2022 Junk and/or Refuse 9168 Kenai Spur Hwy 5/16/2022 Junk Vehicles; Junk and/or Refuse 311 Linwood Lane 6/17/2022 Junk and/or Refuse 1009 Second Avenue 8/12/2022 Zoning (Use) 305 Sterling Court 10/20/2022 Building (On-Hold) 700 Cypress Drive 10/24/2022 Junk Vehicles 345 Dolchok Lane 10/28/2022 Building; Zoning 312 Aspen Street 10/26/2022 Abandoned Vehicles 11888 Kenai Spur Hwy 11/17/2022 Zoning (Use) 12656 Kenai Spur Hwy 12/1/2022 Sign 4315 Lupine Drive 2/8/2023 Junk and/or Refuse 204 Lawton Drive 6/7/2023 Zoning (Home Occupation) 415 Roger Road 6/7/2023 Zoning (Home Occupation) 8525 Kenai Spur Hwy 7/5/2023 Junk Vehicle 418 Birch Street 8/1/2023 Building 108 N Spruce Street 9/19/2023 Zoning (Use) Swires Road 10/4/2023 Abandoned Vehicle 1231 Lilac Street 10/17/2023 Junk and/or Refuse 590 Dolchok Lane 11/2/2023 Livestock – Structure 1301 Kiana Lane 11/13/2023 Junk and/or Refuse Fifth Ave & Ash Ave 11/14/2023 Abandoned Vehicle Fifth Ave & Ash Ave 11/15/2023 Abandoned Vehicle Fern St & Togiak St 11/15/2023 Abandoned Vehicle 1330 Chisik Street 11/21/2023 Recreational Vehicle; Refuse 1508 Pine Street 11/29/2023 Junk Vehicles Page 248 Page 4 of 4 Before and After Highlights Significant Debris and Junk Since May 2022 – 508 Hemlock Avenue Planning and Zoning Commission Two (2) public meetings were held in the month of November. o Resolution PZ2023-19 – Recommended Approval to Rezone the Properties Located at 103 Birch Street and 1202, 1204, and 1206 First Avenue from General Commercial (CG) to Suburban Residential (RS) Zoning District. o Action – Granted a Home Occupation Permit to Allow a Home Day Care for up to Eight (8) Children on a Property Located at 621 Fir Drive in the Suburban Residential (RS) Zoning District. o Resolution PZ2023-21 – Recommended Approval for Preliminary Plat – Kenai Townsite Oiler’s 2024 Addition for a Parcel Merger of Lot 4, Block 18 Original Townsite of Kenai, and Lots 5A and 5B, Kenai Townsite Oilers Addition, a Right-of-Way Vacation of Outside Way as Dedicated on Original Townsite of Kenai Subdivision, a Utility Easement Vacation, and a 60-foot Right of Way Dedication in the Central Commercial (CC) Zoning District. Page 249 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: December 7, 2023 SUBJECT: Police & Communications Department Activity – November 2023 Police handled 471 calls for service in November. Officers made 34 arrests. Traffic enforcement resulted in 209 traffic contacts with 21 traffic citations issued and there were 5 DUI arrests. There were 18 reported motor vehicle collisions in November. Two of those collisions involved a moose and there were no collisions involving drugs or alcohol. Multiple officers assisted in traffic control for the Parade of Lights in Kenai on November 24th. The Department is still working to fill one Police Officer and one Dispatcher vacancy. One KPD officer attended a week-long Defensive Tactics Instructor training in California. One officer attended a one-day patrol tactics training in Anchorage. One new dispatcher started field training at the Department. The School Resource Officer (SRO) continued teaching DARE classes at Mountain View Elementary, in addition to dealing with a number of police calls in various schools. Investigator Josh Hall attended DARE training for two weeks in New Hampshire, in preparation to take over the roll of SRO in the Fall of 2024. 6601 3158 6477 2919 6106 2862 0 2000 4000 6000 8000 Total Police Service Calls 911 Calls Received 2021(Jan 1 - Nov 30)2022(Jan 1 - Nov 30)2023(Jan 1 - Nov 30) Page 250 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: December 2023 SUBJECT: Mid-Month Report; Public Works / Capital Projects Airport Fund Projects: • Kenai Municipal Airport Sand Storage Facility – This project successfully reached Substantial Completion on November 21st, 2023 and is currently in use by Airport Operations. Orion Construction’s original contract was $2,289,000, and after a pending final change order three is executed in late December total change order costs to date will be $50,261.34, approximately 2.2%, the revised contract will then be $2,339,261.34. • Kenai Municipal Airport Runway Rehabilitation Project – This project known as Task 4 within HDL Engineering Consultants LLC term service agreement with the City shall provided an initial assessment of the current condition of the airport runway. This included geotech work, coring numerous locations of the runway. On August 4th, , 2021 HDL Engineering and staff successully completed geotech borings of the runway after hours. On October 13th , 2021 HDL Engineering, City staff and the FAA discussed the findings of the geotech report. On December 6, 2021 the City received the draft Engineer’s Design Report (EDR) along with the draft Geotechnical Report. Ordinance 3278-2022 was approved on April 20th , 2022 to secure Page 251 Page 2 of 9 Public Works Mid-Month Report HDLs services through Bid Phase with a contract amendment of $781,833 executed on May 6, 2022, bringing the total cost of design to $1,031,833. Project was stalled at 35% Design as Environmental Compliance requirements were being clarified. Project is currently tracking for Runway Rehab Construction in 2025 with the Taxiways 2026 the following year, however this may slide a year, dependent upon FAA funding. Staff meeting was held in Anchorage with FAA Counterparts to discuss project on 3/8/23. March 27, 2023 staff meeting with DEC to discuss path forward for design services. Project is now moving forward again with Environmental Services toward a 65% design effort. Council approved a purchase order increase to HDL Engineering at the June 7th, 2023 to allow the environmental work to move forward. Airport Manager and Public Works Director met with HDL on 8/9/23 and reviewed the environmental documents status. On October 6, 2023 received email confirmaton that DEC has approved the environmental work plan for the project. On November 1, 2023 council approved a PO increase to cover the costs associated with performing the work identified in the environmental work plan. Shannon & Wilson, the company performing these services is due to be on site December 15th, weather dependent. Engineers, Airport Operations, Flight Services, Terminal Tenants, have all been in communication in support of completing this work. • Kenai Municipal Airport (KMA) Terminal Landscaping – Earthscape LLC currently working under a design agreement at a cost of $28,255 has completed their contracted efforts. The bronze bear elements could be placed within the landscape in the area indicated below if and when funding comes available for their purchase and installation. The other elements of the work can be bid for installation in the spring of 2024. • Kenai Municipal Airport (KMA) Operations Building HVAC Controls Upgrade & Boiler Replacement – This project was released for RFP on July 19, 2022 with proposals due on August 16, 2022. MBA Consulting Engineers was the successful proposer awarded under Resolution 2022-63 approved by Council at the September 7, 2022 Council Meeting. Contract Documents were fully executed with MBA on October 31, 2022 for the contracted amount of $47,726. November 10, 2022 will be the first site meeting with staff and engineering team. Design work is anticipated to continue through the winter months. 95% design documents were received on January 30, 2023. Project cost estimate is over budgeted amounts and staff is coordinating with design team to refine documents. Introducing Ordinance at the 8/16/23 Future Bears Page 252 Page 3 of 9 Public Works Mid-Month Report council meeting to appropriate additional funding in support of the project. An FAA grant is in the process, meeting was held on 11/7/23 with HDL Engineering to provide a cost to perform the required environmental compliance services required with a grant application. Construction Documents are being revised to include grant funding requirements. The environmental document for this project is now complete, FAA grant funds are expected to be available in March 2024. Project will not be released for bids until we are directed to by the FAA. • Kenai Municipal Airport (KMA) Apron Crack Seal and Seal Coat – Staff received a design proposal from HDL Engineering to evaluate and develop bid ready construction documents in support of this project. Staff is coordinating with the FAA on grant approval. Council approved Resolution 2023-64 at the November 1st, 2023 Council meeting which awarded the design to HDL Engineering. HDL staff was on site the week of November 6th evaluating existing apron conditions. Design will continue through the winter with Bid documents anticipated for March 2024. General Fund Projects: • USACE Kenai Bluff Bank Stabilization Project – This project encompasses approximately 5000 lineal feet of coastal bluff starting at the mouth of the Kenai river extending upriver along the northern river bank. The bluff in this area varies from 55’-70’ above the toe. A protective armored rock berm with a crest elevation of approximately 12’ in height is planned. The project is approaching execution of a Project Partnership Agreement (PPA) tentatively scheduled for September 25, 2023. Tentative release of an Invitation to Bid (ITB) for Construction is currently tracking for November 20, 2023. Construction is anticipated to continue through the 2024 & 2025 construction seasons. Milestones to date listed below. o Director’s Report April 10, 2019 USACE approved Project Feasibility o Section 221 Agreement MOU July 7, 2020 allows City to conduct design prior to DA o Design Agreement (DA) September 14, 2020 executed but not federally funded o Section 221 Agreement MOU February 11, 2021 allows City to construct prior to PPA o Design Contract executed with HDR Engineering July 6, 2021 o City’s 35% Design submission submitted to USACE on January 25, 2022 o City’s 65% Design submission submitted to USACE on April 28, 2022 o Preliminary Engineering Design (PED) funding arrives on May 17, 2022 o Value Engineering (VE) Workshop held with USACE / Design team June 21-24, 2022 o PED / Construction Federal Funding arrives July 28, 2022 o Advanced Technical Review (ATR) begins October 3, 2022 o City of Kenai receives FEMA notification of enrollment in National Flood Insurance Program December 19, 2022, a condition of receiving Federal funding. o Water Resources Development Act (WRDA 2022) late December 2022, this Bill has cost repercussions for the project which ultimately change the cost share between the City and USACE from 65% / 35% to 90% USACE / 10% City. o Project Cost Certification received January 27, 2023, confirming sufficient funding o USACE Headquarters Agreement draft PPA June 6, 2023 received by City Page 253 Page 4 of 9 Public Works Mid-Month Report o City provides USACE Financial Self-Certification in support of PPA June 15, 2023 o City’s 95% Design Submission after completion of all USACE back checks June 30, 2023 o Project Partnership Agreement (PPA) was successfully signed on September 25, 2023! o Received Real Estate Certification and Right of Entry Approval from USACE on November 3, 2023. This was a big step which allows for contracting to continue forward with the project. o This project was formally released through USACE for Construction Bids on 11/29/23 with a Pre-Bid Meeting conducted on 12/12/23. Project is tracking towards bids being received in early January 2024. o Diagram below is from the current set of drawings and represents a typical section of the revetment. • Community Wildfire Prevention Plan (CWPP) Mitigation – This is Phase One of our mitigation efforts. Doug Koch Professional Tree Service was contracted with the City on February 28, 2023 in the amount of $282,000 to mitigate 105 acres within the no name creek drainage extending from Redoubt Avenue down to the City’s North Beach through Municipal Park. To date the project has completed and invoiced $218,764.45 of work. The project has proceeded well and remains on time and on budget. Final completion is anticipated within the next 60- 90 days. Most of the remaining work involves hand felling of trees in steeper areas near the creek. • Recreation Center Improvements – This project will replace the facilities roof system as well as numerous mechanical root top HVAC units. Formal Invitation to Bid was released on February 23, 2023 with bids due on March 23, 2023. Orion Construction was the successful bidder with a total bid of $1,425,700 as presented to Council through Resolution 2023-25 Page 254 Page 5 of 9 Public Works Mid-Month Report adopted at the April 5th, 2023 Council meeting. Construction will continue into the fall of 2023. Update: Mechanical HVAC Roof top units remain on order, expected in late December. Project is proceeding well and on schedule. Change Order 1 was executed on August 16, 2023 in the total amount of $18,548.96, which included four items including replacement of the facilities electrical meter base at HEA’s request. Total contract to date $1,444,248.96 with $170,026.75 remaining to be completed. • Multi-purpose Facility – The Building Maintenance Department completed all of the pressure washing and rust prevention coatings in house. That portion of the project was completed on time and on budget and allowed for ice to go back in on schedule. Staff continues to work on ventilation solutions as well as some UV Heat lamps to replace the natural gas heaters suspended from the ceiling near the seating areas. Once a scope of work is finalized by the department these additional items will be released for bids. Currently roughly $71,000 of the $155,000 in funding has been expended. A Proposal Quote Request (PQR) was released on June 30tth with quotes due on July 13th. MBA Consulting Engineers was the only respondent at a cost of $30,580. Design work will cover ventilation, lighting, bleacher radiant heating and will take place through November. Contract documents were fully executed on September 8, 2023. • 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. Staff has successfully surveyed in 64 adult plot sites and 12 infant plot sites. These sites are available through the Clerk’s office. Cemetery Phase 2 Fencing was released for bids on July 26th with bids due on August 9th. Council will see legislation for a contract award at the August 16th, 2023 meeting. AAA Fence, Inc was the successful bidder at a cost of $147,595, their contract was fully executed on September 8, 2023. All fencing materials have now been installed, final closeout docs received and final invoices are in process for payment. Fence was installed as contracted, no changes to work necessary. Staff will coordinate with Parks and Rec and the design team to finalize project needs for next year. Parking lot paving will not be completed until next construction season along with HEA power being brought into the property. • Softball Shelter Dugouts – Larsen Engineering has been awarded the design work for the dugouts. Design requirements are being discussed with the engineer, however this project is moving slowly as staff and engineer are heavily involved in other projects. Project will move forward shortly as staff time becomes available. • Lilac Ln. Roadway Improvements – RFP was released on 8/8/23 for Professional Civil Engineering and CA Services to develop bid ready construction documents for this project. Proposals are due on 8/28/23. Council will see legislation to award a professional services agreement at either the 9/6/23 or 9/20/23 council meeting. Design work will take place over the winter for a summer 2024 construction date. This project is located between the Spur Page 255 Page 6 of 9 Public Works Mid-Month Report Highway and Cook Inlet Dr. Resolution 2023-54 was approved by Council at the September 6, 2023 Council meeting. Nelson Engineering is now actively working on the project design. Test holes have been completed and a site survey is underway. Total contract for design is currently $38,840. 35% design documents were received on 11/17/23 for staff review, project is continuing 65% design and is on track to be released for Construction bids in March 2024. • Cemetery Creek Culvert Replacement - RFP was released on 8/8/23 for Professional Civil Engineering and CA Services to develop 35% design documents for this project. Proposals are due on 8/28/23. This project is in coordination with the US Fish & Wildlife. Work involves replacement of several aging culverts with fish passage type culverts. 35% design documents will be used to apply for grant funding. Two proposals were received by the Department with PND Engineer’s receiving the highest scoring proposal at a total cost of $29,577. PND is now under contract. 9/28/23 a site meet was conducted with PND, City staff, & US Fish & Wildlife to discuss and review the project. 10/11/23-10/12/23 surveyors are on site developing an existing conditions field survey. Coordination with the USFW on grant funding opportunities is underway. On November 13, 2023 staff received the draft Hydrologic and Hydraulic (H&H) Report from PND Engineers. On December 1, 2023 the complete draft 35% design documents were received. On December 8, 2023 meeting with USFW, Engineering team and PW staff was held to review the documents. USFW have requested some additional information to be included in the design above our contracted scope of work with PND Engineers. On December 12, 2023 we received an amendment request of $4,838 to cover the costs associated with the additional work. The additional design effort will extend the final deliverable into the mid-January 2024. These documents we will used to apply for grants in the first quarter of 2024. The project is proceeding well and as expected. • Community Wildfire Prevention Plan (CWPP) Mitigation Phase Two – Doug Koch Professional Tree Service was the low bidder on this project that was released for bids on November 1, 2023 with bids due on November 29, 2023. His bid in the amount of $177,700 to mitigate 84.75 acres within the Cemetery Creek drainage extending from Float Plane Basin down to the Lee Shore Center. Resolution 2023-67 is in the 12/20/23 Council Packet to award the project. Work will continue throughout the next year. Water & Sewer Fund Projects: • Lift Station Renovations – Resolution 2021-58 awarded HDL Engineering agreement in the amount of $59,560 to provide bid ready construction documents for three lift stations. These locations included the stations at mile posts 13 and 14, which are near the soccer fields and Spur / Redoubt Ave respectively, as well as a station on Lawton Drive. These locations are intended to receive new pumps and pump control panels as part of this project. After determination of which lift stations would receive renovations to start, a design meeting was held on 12/3/21 to discuss pump and control panel design. Basis of design memo received on January 6, 2022. Design documents are approaching 95%. Design is finally approaching completion. Challenges with our current SCADA team required some changes to different lift Page 256 Page 7 of 9 Public Works Mid-Month Report station controllers which has now been resolved. Supplemental funding will be needed to complete these three locations, staff is working on finalizing those estimated costs, with upcoming legislation to be expected. Construction expected for summer 2024. • Wastewater Plant Digester Blowers Replacements – HDL Engineering was authorized to proceed on design documents for this project through passage of Resolution 2022-29 on May 18, 2022. Design Agreement is currently in the amount of $382,513 and will provide bid ready construction documents for the replacement of two 40+ year old blowers at the WWTP. The Department received 35% Design Study Report on September 23, 2022 and the project is currently moving toward 65% design documents. A grant for this project has been applied for through Senator Murkowski’s office through the Congressional Directed Spending (CDS) program. We are awaiting word on if we were successful in receiving grant funds. This is a high priority project for the department and is anticipated to provide further energy savings similar to the aeration basin blower replacement project completed a few years ago. Final 65% plan reviews are being conducted on site with HDL on 12/19/22, bid documents are expected to be ready 5/1/23 and if funding is in place will be bid immediately, if not will be delayed until funding arrives. Environmental review process is delayed as we are not sure of the grant requirements at this time, and may not know until a future grant is executed. Until then this will be a shovel ready project waiting on funding. May 5th a Community Grants Webinar was held to discuss the pending grant requirements, the Public Works Director and HDL Engineering participated in the webinar. Consultants are reviewing requirements and hope to have the design moving forward shortly. Project will not be able to be bid until funding formally arrives. Design team is actively working with granting agency. Construction expected for summer 2024. • Water Treatment Plant Pumphouse – This project will construct a new pumphouse building and provide replacement distribution pumps for the City’s Water System. On August 1, 2023 received letter that the State of Alaska Department of Environmental Conservation (ADEC) has awarded the City of Kenai a $1,200,000 loan through the state’s revolving fund program and that the loan would receive 100% forgiveness in support of this project. Resolution 2023- 56 was approved by Council at the September 20, 2023 Council Meeting to allow access to these funds. Staff is working on grant application requirements. Ordinance 3384-2023 is being introduced 12/20/23 to move funding into place for the design work to proceed. • WWTP & WTP Electronic Access Gate & Controls – On August 13, 2023 HDL Engineering provided a proposal under their term agreement to begin design work on the Electronic Access Gates projects at both the Water and Wastewater Plants. The project identified as Task 13 under their agreement has a proposed design cost of $24,902. Design work will continue over the winter months for construction to take place summer 2024. Senior Citizens Fund Projects: • Senior Center Front Entry Modifications – Capital Project Manager is developing scope of work for this project to address operation of automatic entry doors. Page 257 Page 8 of 9 Public Works Mid-Month Report Congregate Housing Fund Projects: • Vintage Pointe Boiler Replacement – A RFP for design services was released on October 6, 2022 with proposals due on November 3, 2022. Design work will continue into the winter with a construction bid release expected at the end of the first quarter 2023. This project will replace outdated boiler heat systems for the facility as well as providing a direction on backup power generation to support the heating system when grid power is unavailable. No proposals were received, the Department is requesting approval to enter negotiations with RSA Engineering in the hopes of moving the project forward. RSA Engineering is under contract and is expected to start design in early January 2023. On February 3, 2023 RSA Engineering provided draft 65% Design Documents. Staff is currently reviewing. Engineering has a planned site visit for February 15, 2023 scheduled. We are anticipating bid documents being ready for an April Construction Bid release. 100% Design Documents are were received from the RSA Engineering on April 14th. Council approved Resolution 2023-30 on May 3rd to reallocate funds for the project. Invitation to Bid was released on August 2, 2023 with bids due on August 23, 2023. Council approved Resolution 2023-53 at the September 6, 2023 meeting which awarded construction agreement to Orion Construction in the total amount of $503,850. Contract has now been executed and submittals are actively in progress in support of the project. Boiler work is not expected to take place until spring when work will be less impactful on residents. Other Projects Information: • DOT Kenai Spur Highway to Sports Lake Rd – This project continues to wait for appropriation of state funds. Reached out to DOT staff on September 13, 2023, no new information provided at this time. • DOT Bridge Access Road Bike Path – Council passed Resolution 2021-53 on August 4, 2021 authorizing the City Manager execute a memorandum of agreement with DOT for design, construction, and maintenance of the Kenai Bridge Access Road Pathway project. In speaking with representatives from DOT the state has not provided funding as yet for this project to move forward. To date the City has appropriated $294,947 in support of this project which is intended to provide a 1.2 mile path connecting the paths between the Spur Highway and Beaver Loop. Total cost of project per DOT estimates equals $3,266,301. Per communications with the DOT, design funding is in place and they are waiting on final signatures for the Reimbursable Services Agreement (RSA) with DNR. Once the RSA is approved they will be able to begin design work. Process is expected to be completed by the end of January. Update: Formal kickoff meeting took place on March 30th with the City Manager and Public Works Director in attendance. From appearances this design process will be a slow one, we are not anticipating seeing construction on the path this calendar year. Will continue to update as more information becomes available. Update: A site meeting will be taking place between the City, DNR, & DOT on 6/9/22 to review the project. HDL Engineering appears to conducting surveying services in support of the project, crews were in the area on Page 258 Page 9 of 9 Public Works Mid-Month Report 6/7/22. On June 29, 2022 the City Manager & Public Works Director met with DOT representatives and discussed projects. State funding continues to be an issue. Reached out to DOT staff on September 13, 2023, no new information provided at this time. Page 259 1 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Kathy Romain, Senior Center Director FROM: Astrea Piersee, Administrative Assistant III DATE: December 11, 2023 SUBJECT: November 2023 Monthly Report November ushered in its anticipated cold and snowy weather, yet it brought a plethora of opportunities for seniors to engage in various activities. The center hosted its second annual Vintage Collectibles and Craft Show with much success. A luncheon and festivities, honoring Veterans was held in commemoration of Veterans Day. With support from Hilcorp’s funding and volunteers, the Kenai Senior Center provided 189 meals to local seniors. This tradition has become quite the social event for the Thanksgiving holiday. Rounding out the month of November a final highlight was a “cheese tasting” held at Lucy’s Market. Seniors had fun learning a little history about the origins of cheese as well as experiencing samples of the different cheeses. 2023 2022 Home Delivered Meals 2327 1795 Individuals 98 192 Dining Room (Congregate) Meals 1450 932 Individuals 137 207 Transportation (1-way rides) 159 239 Individuals 20 24 Grocery Shopping Assistance 11/17 14/67 Writers Group 31 21 Caregiver Support Group 18 12 Growing Stronger Exercise 246 168 Tai Chi Class 37 48 TOPS Weight Loss Class 47 53 Bluegrass & Music Sessions 46 99 Card Games 54 69 Wii Bowling 24 16 Arts & Crafts 35 30 Total Event Sign-ins * 1660 1706 Individuals * 179 233 Vintage Pointe Manor Vacancies 0 1 *(not including home meals clients) Page 260 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: December 12, 2023 SUBJECT: Quarterly Financial Report – September 30, 2023 Attached is a relatively easily produced quarterly financial report for the General Fund, Personal Use Fishery Fund, Airport Fund, Water/Sewer Fund, and Senior Fund as of September 30, 2023. This report is essentially on a cash basis, so there are accounts that may not look reasonable. In the General Fund for example, sales and property tax revenue only includes payments made to the City by the Borough through August. The third calendar quarter 2023 sales tax filings and tax payments are not in at this point and we will not be received for this quarter until the end of October or early November. State and Federal is below budget in all funds because of PERS aid. The State doesn’t actually give us any money. Instead they make an ‘on-behalf’ payment to the pension system. Similarly, we have not booked expenditures for the PERS the State is covering, so the Non-Departmental department is way under budget. At year-end we will record revenue and expenditures for these items. Page 261 Quarterly General Fund Expenditure Report For Quarter Ended September 30, 2023 Original * FY2023 FY2024 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 605,267$ 653,959$ 271,694$ (382,265)$ 41.55% Taxes 14,134,685 14,320,890 14,320,890 3,338,035 (10,982,855) 23.31% Licenses/Permits and Ambulance 1,310,312 1,113,650 1,113,650 203,745 (909,905) 18.30% State/Federal 596,247 489,040 489,040 54,072 (434,968) 11.06% Dock/Multipurpose/Miscellaneous 243,131 198,000 198,000 35,877 (162,123) 18.12% Fines and Forfeitures 117,959 74,200 74,200 11,028 (63,172) 14.86% Interest and Miscellaneous 710,616 826,438 828,938 397,640 (431,298) 47.97% Transfers/Central Admin Fees 1,948,766 2,011,109 2,011,109 533,775 (1,477,334) 26.54% Total Revenues 19,061,716 19,638,594 19,689,786 4,845,866 (14,843,920) 24.61% EXPENDITURES & TRANSFERS General Government 01 City Clerk 363,865$ 368,599$ 368,599$ 75,922$ 292,677$ 79.40% 11 Legislative 154,636 175,687 175,687 31,186 144,501 82.25% 12 Legal 362,210 434,325 434,325 86,593 347,732 80.06% 13 City Manager 503,562 574,159 573,809 98,560 475,249 82.82% 14 Human Resources 146,292 244,100 244,839 46,137 198,702 81.16% 15 Finance 867,746 956,647 956,647 205,152 751,495 78.56% 16 Land Administration 24,775 63,400 63,400 30 63,370 99.95% 18 Non-Departmental 825,656 1,073,465 1,072,727 667,028 405,699 37.82% 19 Planning and Zoning 218,752 313,763 327,513 43,695 283,818 86.66% 20 Safety 1,550 5,900 5,900 330 5,570 94.41% Total General Government 3,469,044 4,210,047 4,223,447 1,254,633 2,968,814 70.29% Public Safety 21 Police 3,588,735 3,863,607 3,863,607 791,661 3,071,946 79.51% 22 Fire 3,488,927 3,746,081 3,746,081 820,392 2,925,689 78.10% 23 Communications 930,882 985,445 985,445 200,651 784,794 79.64% 29 Animal Control 483,320 506,600 509,100 136,699 372,401 73.15% Total Public Safety 8,491,864 9,101,733 9,104,233 1,949,403 7,154,830 78.59% Public Works 31 Public Works Administration 169,606 199,815 199,815 34,075 165,740 82.95% 32 Shop 698,556 780,848 780,848 142,299 638,549 81.78% 33 Streets 971,668 1,113,284 1,148,226 158,322 989,904 86.21% 34 Buildings 394,075 489,584 489,584 73,609 415,975 84.96% 35 Street Lighting 203,814 231,339 231,339 40,540 190,799 82.48% 60 Dock 32,584 64,065 64,065 4,884 59,181 92.38% Total Public Works 2,470,303 2,878,935 2,913,877 453,729 2,460,148 84.43% Parks and Recreation & Culture 03 Visitor Center 147,631 157,191 157,541 25,902 131,639 83.56% 40 Library 955,669 979,319 979,319 214,806 764,513 78.07% #Parks, Recreation & Beautification 1,234,626 1,366,590 1,366,590 282,845 1,083,745 79.30% Total Parks and Recreation & Culture 2,337,926 2,503,099 2,503,449 523,553 1,979,896 79.09% Total Operating Expenditures 16,769,137 18,693,814 18,745,006 4,181,318 14,563,688 77.69% Transfer to other funds Street Improvement Capital Project Fund 1,087,000 174,320 174,320 174,320 - 0.00% Kenai Recreation Center Capital Project Fund 490,000 75,000 75,000 75,000 - 0.00% Public Safety Capital Project Fund 120,000 95,512 95,512 95,512 - 0.00% Municipal Facility Improvement Cap Proj Fund 80,000 - - - - - Multipurpose Facility Capital Proj. Fund - 94,847 94,847 94,847 - 0.00% Visitor Center Improvement Capital Proj. Fund 100,000 - - - - - Information Technology Capital Proj. Fund - - - - - - City Hall Improvement Capital Proj. Fund - 50,000 50,000 50,000 - 0.00% Animal Shelter Capital Project Fund - - - - - - Public Safety Building Capital Proj. Fund - - - - - - Kenai Fine Arts Center Imp. Cap. Proj. Fund - - - - - - Kenai Cemetery Imp. Capital Project Fund - - - - - - Kenai Senior Center Imp. Capital Project Fund - - - - - - Park Improvement Capital Project Fund 120,000 125,000 125,000 125,000 - 0.00% Senior Citizen Special Revenue Fund 241,562 199,476 199,476 49,869 149,607 75.00% Debt Service 130,250 130,625 130,625 - 130,625 100.00% Total Transfer to other funds 2,368,812 944,780 944,780 664,548 280,232 29.66% Total Expenditures & Transfers 19,137,949 19,638,594 19,689,786 4,845,866 14,843,920 75.39% Net Revenues over(under) Expenditures (76,233)$ -$ -$ -$ -$ *Note: The original budget includes outstanding encumbrances at 6/30/2023. Page 262 Quarterly General Fund Expenditure Report For Quarter Ended September 30, 2023 Original * FY2023 FY2024 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 7,370$ 7,370$ -$ (7,370)$ -100.00% Beach Parking 153,977 177,482 177,482 157,840 (19,642) -11.07% Beach Camping 200,802 191,463 191,463 216,085 24,622 12.86% Dock Launch & Park 106,548 110,565 110,565 100,849 (9,716) -8.79% Dock Parking Only 12,540 12,495 12,495 12,460 (35) -0.28% Participant Drop-off Fee 4,971 4,707 4,707 6,275 1,568 33.31% Interest Earnings 4,755 750 750 - (750) -100.00% PERS Grant 694 1,169 1,169 - (1,169) -100.00% Credit Card Fees (11,320) (11,500) (11,500) (11,289) 211 -1.83% Transfer from Other Funds - - - - - 0.00% Total Revenue 472,967 494,501 494,501 482,220 (12,281) -2.48% EXPENDITURES & TRANSFERS Public Safety 114,046$ 178,544$ 178,544$ 114,260$ 64,284$ 36.00% Streets 33,921 39,059 39,059 10,459 28,600 73.22% Boating Facility 67,949 47,686 47,686 33,620 14,066 29.50% Parks, Recreation & Beautification 204,667 229,212 229,212 162,214 66,998 29.23% Total Operating Expenditures 420,583 494,501 494,501 320,553 173,948 35.18% Transfers to Other Funds 125,000 - - - - #DIV/0! Total Expenditures & Transfers 545,583 494,501 494,501 320,553 173,948 35.18% Net Revenues over Expenditures (72,616)$ 0$ 0$ 161,667$ (161,667)$ *Note: The original budget includes outstanding encumbrances at 6/30/2023. Page 263 Quarterly General Fund Expenditure Report For Quarter Ended September 30, 2023 Original * FY2023 FY2024 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 423,432$ 898,432$ 336,190$ (562,242)$ 0.00% State/Federal 1,249,807 26,317 26,317 - (26,317) 0.00% Interest , Leases & Fees 843,537 926,354 926,354 465,796 (460,558) 50.28% Terminal Revenues 949,391 994,948 994,948 260,846 (734,102) 26.22% Landing Fees 365,551 451,094 451,094 101,704 (349,390) 22.55% Transfers In 1,028,764 1,053,635 1,053,635 - (1,053,635) 0.00% Total Revenues 4,437,050 3,875,780 4,350,780 1,164,536 (3,186,244) 26.77% EXPENDITURES & TRANSFERS Terminal Area 568,901$ 616,724$ 616,724$ 125,287$ 491,437$ 79.69% Airfield 1,889,546 2,160,579 2,160,579 434,437 1,726,142 79.89% Administration 332,670 368,204 368,204 90,894 277,310 75.31% Other Buildings & Areas 165,156 175,605 175,605 44,916 130,689 74.42% Training Facility 108,706 207,793 232,793 19,002 213,791 91.84% Total Expenditures 3,064,979 3,528,905 3,553,905 714,536 2,839,369 79.89% Transfer to other funds Airport Improvement Capital Projects 2,251,842 346,875 796,875 450,000 346,875 0.00% Total Transfer to other funds 2,251,842 346,875 796,875 450,000 346,875 43.53% Total Expenditures & Transfers 5,316,821 3,875,780 4,350,780 1,164,536 3,186,244 73.23% Net Revenues over Expenditures (879,771)$ (0)$ (0)$ -$ 0$ *Note: The original budget includes outstanding encumbrances at 6/30/2023. Page 264 Quarterly General Fund Expenditure Report For Quarter Ended September 30, 2023 Original * FY2023 FY2024 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 523,742$ 523,742$ 289,698$ (234,044)$ 55.31% State/Federal 18,073 22,525 22,525 - (22,525) 0.00% Water/Sewer Fees 2,983,878 3,279,029 3,279,029 890,066 (2,388,963) 27.14% Penalty and Interest 41,583 40,950 40,950 9,918 (31,032) 24.22% Interest and Miscellaneous 83,981 40,000 40,000 1,547 (38,453) 3.87% Transfers In - - - - - 0.00% Total Revenues 3,127,515 3,906,246 3,906,246 1,191,229 (2,715,017) 30.50% EXPENDITURES & TRANSFERS Water 889,643$ 1,273,814$ 1,273,814$ 201,578$ 1,072,236$ 84.18% Sewer 453,824 683,560 683,560 99,835 583,725 85.39% Wastewater Treatment Plant 1,073,800 1,268,902 1,268,902 209,846 1,059,056 83.46% Total Expenditures 2,417,267 3,226,276 3,226,276 511,259 2,715,017 84.15% Transfer to other funds - Water & Sewer Capital Projects 740,000 679,970 679,970 679,970 - - Total Transfer to other funds 740,000 679,970 679,970 679,970 - - Total Expenditures & Transfers 3,157,267 3,906,246 3,906,246 1,191,229 2,715,017 69.50% Net Revenues over Expenditures (29,752)$ -$ -$ -$ -$ *Note: The original budget includes outstanding encumbrances at 6/30/2022. Page 265 Quarterly General Fund Expenditure Report For Quarter Ended September 30, 2023 Original * FY2023 FY2024 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 43,986$ 43,986$ 102,409$ 58,423$ 232.82% State Grants 260,288 261,497 261,497 - (261,497) 0.00% Federal Grants - USDA Grant 22,022 22,000 22,000 5,517 (16,483) 25.08% Choice Waiver 68,497 75,000 75,000 22,090 (52,910) 29.45% KPB Grant 186,143 186,143 186,143 - (186,143) 0.00% United Way - - - - - #DIV/0! Rents & Leases 7,398 7,000 7,000 6,176 (824) 88.23% Miscellaneous Donations 19,749 28,500 28,500 1,658 (26,842) 5.82% Donations - Senior Connection 100,000 100,000 100,000 120 (99,880) 0.12% Meal Donations 87,969 94,650 94,650 23,590 (71,060) 24.92% Ride Donations 5,581 6,500 6,500 1,460 (5,040) 22.46% Transfer from General Fund - Operations 241,562 199,476 199,476 49,869 (149,607) 25.00% Other 185 300 300 497 197 165.67% Total Revenues 999,394 1,025,052 1,025,052 213,386 (811,666) 20.82% EXPENDITURES & TRANSFERS Senior Citizen Access 219,553$ 221,833$ 221,833$ 49,249$ 172,584$ 77.80% Congregate Meals 130,016 131,025 131,025 30,688 100,337 76.58% Home Meals 459,299 491,082 491,082 95,005 396,077 80.65% Senior Transportation 97,582 109,744 109,744 23,964 85,780 78.16% Choice Waiver 89,432 71,368 71,368 14,480 56,888 79.71% Total Expenditures 995,882 1,025,052 1,025,052 213,386 811,666 79.18% Transfer to other funds - - - - - - - Total Transfer to other funds - - - - - - Total Expenditures & Transfers 995,882 1,025,052 1,025,052 213,386 811,666 79.18% Net Revenues over Expenditures 3,512$ -$ -$ -$ -$ *Note: The original budget includes outstanding encumbrances at 6/30/2023. Page 266 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: November 17, 2023 SUBJECT: September 2023 Quarterly Investment Report City of Kenai Investment Portfolio At June 30, 2023 the City had investments with a market value of $25,161,256. That is down from $33,664,282 at June 30, 2023. The City’s portfolio is yielding 4.03% that is up from 3.74% at June 30, 2023. The Federal Reserve increased the federal funds rate once this quarter, 0.25% on July 26th. A rise in interest rates has an inverse effect on the portfolio’s market value. Fair market value adjustments to the portfolio through September 30, 2023 are a negative $954,755. As of June 30, 2023, the portfolios fair market value adjustment was a negative $983,755. Significant debate remains about the future of interest rates but for now the Federal Reserve has paused its aggressive path of increases and inflation has moderated a bit. City’s Investment Portfolio US Agency Securities $19,309,662 AML Investment Pool 3,089,297 Wells Fargo Money Market 9,185,375 FDIC Insured Certificates of Deposit 2,861,787 Bank Balance 715,135 Total $ 35,161,256 Permanent Fund Investments The third quarter 2023 saw continued volatility in the equity markets. Returns for the third quarter of 2023 were (3.06)% but year to date returns are 3.52% and the one year return is 10.29%. Since inception the portfolio has returned 6.84%. As of September 30, 2023, the portfolio value was $31,340,506, comprised of $25,994,288, 82.94% Airport Land Sale Permanent Fund, $3,354,787, 10.70% General Land Sale Permanent Fund monies, $1,106,558, 3.53% Kenai Senior Connection monies, $178,316, 0.56% Kenai Community Foundation holdings, and 2.25% Tamara Cone Memorial Trust Permanent Fund, $706,557. Page 267 CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY September 30, 2023 Fair Market Current Value Yield Cash & Cash Equivalents Wells Fargo Checking 715,135$ 0.01% Wells Fargo Secured Money Market 9,185,375 5.31% FDIC Insured Certificates of Deposit 2,861,787 2.63% Alaska Municipal League Investment Pool 3,089,297 5.31% Total Cash & Cash Equivalents 15,851,594 4.59% Average Yield Government Securities Maturities Less than 1 Year 5,615,977 3.19% Maturities 1 to 2 Years 7,078,575 4.41% Maturities Greater than 2 Years 6,615,110 2.98% Total Government Securities 19,309,662 3.57% Total Portfolio 35,161,256$ 4.03% Investment Portfolio - Purchase Price 36,145,011$ Investment Portfolio - Fair Value 9/30/23 35,161,256 Fair Value Adjustment - 06/30/23 (983,755) Fair Value Adjustment thru - 6/30/2023 28,942 Cummulative Change in Fair Value (954,813)$ September 30, 2023 $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 268 CITY OF KENAI Investments 09-30-23 COK CITY OF KENAI INVESTMENTS 9/30/2023 Current year cost or Unrealized Total DAYS AT SHARE WEIGHTED Maturity Maturity Expected Call 06/30/23 09/30/23 Gain Accrued EFFECT.DATE DATE in FROM MATURITY OF AVERAGE from purch from today SECURITY or Maturity CUSIP original cost Market Value Market Value or Loss Interest RATE PURCH.DUE months TODAY (PAR)Interest TOTAL RATE FHLB 4.625 12/13/24 Bullet 3130ATUR6 2,542,786.81 2,477,825.00 2,476,700.00 (1,125.00) 34,687.50 4.625 1/26/2023 12/13/2024 23 440 2,500,000.00 57,813.00 7.044%0.3258 FHLB 4.725 4/15/24 Bullet 3130AU6R0 1,001,925 992,630.00 995,770.00 3,140.00 21,525.00 4.725 12/27/2022 4/15/2024 16 198 1,000,000.00 23,625.00 2.832%0.1338 FNMA 5.20 4/26/24 Quarterly W/10 Days 3135GAH87 1,000,000 995,320.00 997,110.00 1,790.00 22,388.89 5.200 4/26/2023 4/26/2024 12 209 1,000,000.00 26,000.00 2.836%0.1475 FNA 2017-M1 A2 Bullet 3136AUG21 142,400.26 136,757.69 136,351.61 (406.08) 306.88 3.223 5/5/2022 10/25/2026 54 1121 0.388%0.0125 FHR 2011-3824 CL JY Mtge Bullet 3137A7SV3 264,752.18 252,098.84 253,915.59 1,816.75 862.52 3.045 4/27/2022 3/15/2026 47 897 0.722%0.0220 FHMS K047 A1 Bullet 3137BKRH5 72,614.83 54,919.61 55,453.46 533.85 132.05 0.297 4/14/2021 12/25/2024 44 452 0.158%0.0005 FHR 4543 VH Mtge Bullet 3137BMQ58 484,637.00 460,177.52 461,223.07 1,045.55 1,214.47 3.094 6/15/2022 6/15/2027 60 1354 1.312%0.0406 FHMS K053 A1 Bullet 3137BN6F6 245,674.97 209,602.87 211,261.25 1,658.38 460.71 0.383 11/27/2020 2/25/2025 51 514 0.601%0.0023 FHMS K057 AM Bullet 3137BRQK4 1,201,808.86 1,153,749.35 1,148,562.35 (5,187.00) 2,700.53 3.357 8/16/2022 8/25/2026 48 1060 3.267%0.1097 FHMS K064 A2 Bullet 3137BXQY1 1,009,373.33 950,030.00 938,060.00 (11,970.00) 2,686.67 3.010 5/16/2022 3/25/2027 58 1272 2.668%0.0803 FHMS KMP1 A1 Bullet 3137FATD0 126,816.26 110,794.93 111,965.22 1,170.29 213.42 0.302 4/14/2021 8/25/2024 40 330 0.318%0.0010 FHMS K732 A2 Bullet 3137FG7F6 2,518,875.45 2,501,689.58 2,499,858.83 (1,830.75) 7,935.16 4.719 11/29/2022 9/25/2025 34 726 7.110%0.3355 FN AM4716 Bullet 3138L5G20 611,906.95 558,621.91 562,042.00 3,420.09 1,596.00 0.787 11/20/2020 12/1/2023 36 62 1.598%0.0126 FN Am47124 Bullet 3138L74J2 817,909.56 719,989.30 722,653.61 2,664.31 1,934.83 0.759 11/20/2020 12/1/2024 48 428 2.055%0.0156 FN AM7514 Bullet 3138L8K45 970,170.56 962,010.00 964,760.00 2,750.00 2,558.33 4.529 1/3/2023 2/1/2025 25 490 2.744%0.1243 FN AN4476 Bullet 3138LG6N1 2,393,792.91 2,205,491.58 2,184,574.14 (20,917.44) 6,218.13 3.193 2/28/2022 1/1/2027 58 1189 6.213%0.1984 FHR 2935 AC Mtge Bullet 31395MQ28 18,276.86 11,210.73 11,277.18 66.45 47.51 0.487 2/5/2021 2/15/2025 48 504 0.032%0.0002 FN BL4497 Bullet 3140HV7K4 970,060.16 883,309.82 876,621.92 (6,687.90) 2,121.47 2.137 3/2/2022 11/1/2026 56 1128 2.493%0.0533 FN BL5704 Bullet 3140HXKS8 478,500.44 453,695.10 450,149.70 (3,545.40) 1,049.39 3.158 6/13/2022 2/1/2027 56 1220 1.280%0.0404 G2 5122 Mtge Bullet 36202FVP8 189,401.29 164,960.87 165,651.93 691.06 495.83 0.874 11/16/2021 7/20/2026 56 1024 0.471%0.0041 GNR 2010-114 CL KB Bullet 38377KBE9 146,550.05 135,865.27 136,610.75 745.48 462.89 2.327 4/29/2022 9/16/2025 41 717 0.389%0.0090 T0 7/5 01/31/24 Bullet 91282CDV0 725,928.99 730,635.00 738,840.00 8,205.00 1,105.64 3.150 8/12/2022 1/31/2024 18 123 750,000.00 2.101%0.0662 T 2 1/4 3/31/24 Bullet 91282CEG2 745,378 732,450.00 738,255.00 5,805.00 8,483.61 3.160 8/12/2022 3/31/2024 20 183 750,000.00 2.100%0.0663 T 2 1/2 4/30/24 Bullet 91282CEK3 747,064 732,097.50 737,257.50 5,160.00 7,846.47 3.160 8/12/2022 4/30/2024 21 213 750,000.00 2.097%0.0663 T 3 7/31/24 Bullet 91282CFA4 748,311.20 730,987.50 734,737.50 3,750.00 3,790.76 3.170 8/12/2022 7/31/2024 24 305 750,000.00 2.090%0.0662 TOTAL 20,174,916.11 19,316,919.97 19,309,662.61 (7,257.36) 132,824.66 2.675 agreed tp wf trus 7,500,000.00 54.917% 3.192 4.41 2.98 FDIC Insured CD's CD - 12/31/10 - 0.000%- 3.4 GMATBK 8/4/25 57803 02007GXF5 245,114 235,312.70 235,618.95 306.25 1,323.67 3.400 8/9/2022 8/4/2025 36 674 245,000.00 4,165.00 0.670%0.0228 0.24035821 4.51653861 3.55 AXP 12/4/23 27471 02589AA28 249,998 243,157.60 244,135.15 977.55 2,835.62 3.160 1/2/2019 12/4/2023 59 65 245,000.00 3,871.00 0.694%0.0219 0.41020636 0.4513145 1.75 SECSTB 12/18/24 8941 062163BN9 245,000 232,237.95 233,698.15 1,460.20 152.71 1.750 12/18/2019 12/18/2024 60 445 245,000.00 2,144.00 0.665%0.0116 0.39922508 2.95767806 3.40 COF 8/10/27 33954 14042TJK4 245,000 227,862.25 232,108.10 4,245.85 1,186.74 3.400 8/10/2022 8/10/2027 60 1410 245,000.00 4,165.00 0.660%0.0224 0.39629178 9.30775673 1.75 CNBMIL 12/9/24 3814 17801GBW8 245,000 232,441.30 233,916.20 1,474.90 258.42 1.750 12/9/2019 12/9/2024 60 436 245,000.00 2,144.00 0.665%0.0116 0.39959757 2.90056368 3.40 DFS 8/16/27 5649 254673Q41 245,000 227,805.90 229,092.15 1,286.25 1,049.81 3.400 8/16/2022 8/16/2027 60 1416 245,000.00 4,165.00 0.652%0.0222 0.39114247 9.22590708 1.85 LIVOAK 12/11/24 58665 538036HF4 245,000 232,737.75 234,151.40 1,413.65 372.53 1.850 12/11/2019 12/11/2024 60 438 245,000.00 2,266.00 0.666%0.0123 0.39999937 2.91679888 3.40 NCBSVG 12/21/23 32612 635573AL2 247,234 242,802.35 243,831.35 1,029.00 2,327.84 3.220 1/2/2019 12/21/2023 60 82 245,000.00 3,945.00 0.693%0.0223 0.41357171 0.5686421 0.30 NYCB 11/9/23 16022 649447UE7 249,000 244,520.49 247,563.27 3,042.78 296.75 0.300 11/9/2020 11/9/2023 36 40 249,000.00 374.00 0.704%0.0021 0.25346869 0.28163188 1.70 RCKCAN 12/20/23 33542 77183VAD0 245,000 240,896.25 242,951.80 2,055.55 125.52 1.700 12/20/2019 12/20/2023 48 81 245,000.00 2,083.00 0.691%0.0117 0.33189013 0.55968125 2.80 SALLMA 4/17/24 58177 7954502H7 245,000 240,087.75 241,479.35 1,391.60 3,138.68 2.590 5/7/2019 4/17/2024 59 200 245,000.00 3,173.00 0.687%0.0178 0.40800186 1.37355359 5.00 WAL 10/28/24 57512 95763PLV1 245,000 243,542.25 243,240.90 (301.35) 5,269.18 5.000 4/27/2023 10/28/2024 18 394 245,000.00 6,125.00 0.692%0.0346 0.1250902 2.72563965 0.000% TOTAL FDIC Insured CD's 2,951,346.10 2,843,404.54 2,861,786.77 18,382.23 18,337.47 2.627 2,944,000.00 WELLS MONEY MKT 9,185,375.43 9,185,375.43 9,185,375.43 37,568.08 5.310 1 1 9,185,375.43 26.124%1.3872 AML POOL - City ACCT Agreed to Amlip 3,089,296.93 3,089,296.93 3,089,296.93 5,301.75 5.310 1 1 3,089,296.93 8.786%0.4665 0.08786082 0.08786082 Agreed to GL 35,400,934.57 34,434,996.87 34,446,121.74 11,124.87 194,031.96 WF Cash Agreed to WF 715,134.68 715,134.68 715,134.68 - - 0.010 1 1 715,134.68 2.034%0.0002 0.02033871 0.02033871 TOTAL 36,116,069.25 35,150,131.55 35,161,256.42 11,124.87 194,031.96 26,377,807.04 100.000%4.0016 MONTHS (954,812.83) 4.27704297 37.8939055 TOTAL CURRENT YIELD 4.0016%0.10381892 Max/Min Return Actual Difference Maturity over 2 years 30% Maximum 10,548,376.93 3.0103%7,076,311 3,472,066.37 OK 7,913,342.11 Liquidity 20% Minimum 7,032,251.28 4.4155%19,825,745 (12,793,493.90) OK Maturity 1 - 2 years 3.8575%8,259,201 4.0016%35,161,256 Page 269 CITY OF KENAI PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY September 30, 2023 Current or Current Average Portfolio Target Portfolio 30-Sep-22 31-Dec-22 31-Mar-23 30-Jun-23 30-Sep-23 Yield Weight Weight Maximum Cash Cash & Cash Equivalents 1,119,889 1,354,864 793,407 913,140 948,884 5.31%3.04%3.00%10.00% Fixed Income Investment Grade Government & Corporate Securities Government Securities 5,818,997 5,861,565 6,340,844 6,612,561 6,319,451 5.16%20.16% Corporate Securities Investment Grade 1,938,710 1,895,021 1,934,718 1,976,261 1,769,098 6.04%5.64% Total Investment Grade Government & Corporate Securities 7,757,707 7,756,586 8,275,562 8,588,822 8,088,549 5.38%25.80%26.00%36.00% Domestic Fixed Income Exchange Traded Funds - Vanguard Short-term TIPS - - 326,850 464,858 - 0.00% High Yield Domestic - SPDR Portfolio High Yield Bonds 25,945 26,563 27,323 27,157 - 0.00% Vanguard Hi Yield Corporate Fund Admiral Shares 1,070,708 1,180,923 1,253,182 1,235,782 1,250,762 3.99% Total High Yield Domestic 1,096,653 1,207,486 1,280,505 1,262,939 1,250,762 3.99%4.00%8.00% Total Fixed Income 8,854,360 8,964,072 9,882,917 10,316,619 9,339,311 5.38%29.79%30.00%44.00% Equities: Domestic Equities: Large-Cap Index 6,166,612 6,616,990 7,135,090 7,270,411 6,921,490 22.08%22.00%32.00% Small-Cap Index 1,342,552 1,457,267 1,509,958 1,552,414 1,595,049 5.09%5.00%10.00% Mid-Cap Index 2,725,621 3,006,935 3,046,448 3,151,357 3,179,061 10.14%10.00%18.00% Total Domestic Equities 10,234,785 11,081,192 11,691,496 11,974,182 11,695,600 37.31%37.00%60.00% International Equities: International Equity 2,019,501 2,348,427 2,566,238 2,564,393 2,506,111 8.00%8.00%16.00% Emerging Markets 1,279,558 1,390,306 1,543,374 1,543,073 1,569,042 5.01%5.00%10.00% Total International Equities 3,299,059 3,738,733 4,109,612 4,107,466 4,075,153 13.01%13.00%26.00% Real Estate: JP Morgan Beta Builders MSCI Reit 485,048 505,104 591,337 581,769 626,986 2.00% Total Real Estate 485,048 505,104 591,337 581,769 626,986 2.00%2.00%4.00% Infrastructure - Flexshares Stoxx Global Broad Infrastucture 1,312,464 1,448,683 1,577,254 1,573,411 1,546,153 4.93%5.00%10.00% Total Equities 15,331,356 16,773,712 17,969,699 18,236,828 17,943,892 57.25%57.00%100.00% Alternative Beta: Blackrock Systematic Multi-Strategy 1,709,314 1,691,801 1,535,944 1,249,468 1,556,892 4.97% IQ Hedge Multi-Strategy Tracker - - 479,219 577,240 781,321 2.49% Core Alternative ETF 1,703,463 1,810,987 1,159,701 1,040,448 770,206 2.46% Total Alternative Beta 3,412,777 3,502,788 3,174,864 2,867,156 3,108,419 9.92%10.00%15.00% Total Portfolio 28,718,382 30,595,436 31,820,887 32,333,743 31,340,506 3.52%100.00%100.00%169.00% Total ALSPF Balance 24,510,683 26,112,716 25,994,288 26,818,093 25,994,288 Total GLSPF Balance 3,042,450 3,241,306 3,354,788 3,461,107 3,354,787 Total Kenai Community Foundation 161,714 172,284 178,316 183,967 178,316 Total Kenai Senior Connection 1,003,535 1,069,127 1,106,558 1,141,627 1,106,558 Total Cone Memorial Trust Permanent Fund - - - 728,949 706,557 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 - Alternative Beta: 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 -3.31%-3.06%3.52%10.29%6.84% Benchmark -3.40%-3.10%4.20%11.15%6.97% -15.00% -10.00% -5.00% 0.00% 5.00% 10.00%Portfolio Performance Page 270 $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 $33,000,000 Total ALSPF Balance Transfer of $1,210,348 to Airport Operations. Transfer of $1,028,478 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 $4,500,000 Total GLSPF Balance $- $50,000 $100,000 $150,000 $200,000 $250,000 Total Kenai Community Foundation Balance 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. Transfer of $157,043 to General Fund Operations. Transfer of $1,025,736 to Airport Operations. $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 Total Cone Memorial Trust Permanent Fund Initial investment. Page 271 September 2023 CITY OF KENAI PERMANENT FUNDS Investment Report Page 272 BEGINNING VALUE + ACCRUED ˽ʖʕʽʗʔʕʽʔʚʕ TRANSFERS IN/ OUT ˂˽ʗʘʕ REALIZED GAINS ˽ʖʔʙʽʜʕʔ CHANGE IN MARKET VALUE ˂˽ʔʽʗʜʓʽʙʘʘ INTEREST INCOME ˽ʗʕʽʜʔʓ DIVIDEND INCOME ˽ʙʛʽʖʘʗ ENDING VALUE + ACCRUED ˽ʖʔʽʖʗʜʽʕʘʔ Investment Performance Portfolio Composition Performance is annualized for periods greater than one year. Inception to date performance begins October 01, 2008Past performance is not indicative of future results. Portfolio Overview 2 | TRUSTED ADVISORS · MORE EXPERTS · BETTER ACCESS CITY OF KENAI PERMANENT FUNDS | September 2023 Page 273 3 | TRUSTED ADVISORS · MORE EXPERTS · BETTER ACCESS CITY OF KENAI PERMANENT FUNDS | September 2023 Portfolio Summary and Target MARKET VALUE ($)ASSETS (%)TARGET (%)RANGE RISK CONTROL U.S. Fixed Income 8,084,215 26%26%6% to 36% Cash 1,006,229 3%3%0% to 10% Risk Control Total 9,090,444 29% RISK ASSET U.S. High Yield Fixed Income 1,244,281 4%4%0% to 8% U.S. Large Cap Equity 6,893,303 22%22%12% to 32% U.S. Mid Cap Equity 3,166,841 10%10%0% to 18% U.S. Small Cap Equity 1,589,065 5%5%0% to 10% Developed International Equity 2,501,932 8%8%4% to 16% Emerging Market Equity 1,575,924 5%5%0% to 10% Risk Asset Total 16,971,345 54% ALTERNATIVES REITs 626,850 2%2%0% to 4% Alternative Beta 3,111,340 10%10%0% to 15% Infrastructure 1,549,272 5%5%0% to 10% Alternatives Total 5,287,461 17% TOTAL PORTFOLIO 31,349,251 100% We urge you compare the account statement we provide with the account statement you receive from your custodian. We cannot guarantee the accuracy of this information for tax purposes. Please verify all information from trade conজrmations. Past performance is not indicative of future results. Page 274 4 | TRUSTED ADVISORS · MORE EXPERTS · BETTER ACCESS CITY OF KENAI PERMANENT FUNDS | September 2023 S&P 500 Total Return Index The S&P 500® Index is the Standard & Poor’s Composite Index and is widely regarded as a single gauge of large cap U.S. equities. It is market cap weighted and includes 500 leading companies, capturing approximately 80% coverage of available market capitalization. S&P MidCap 400 Total Return Index The S&P MidCap 400 Index, more commonly known as the S&P 400, is a stock market index from S&P Dow Jones Indices. The index serves as a barometer for the U.S. mid-cap equities sector and is the most widely followed mid-cap index. S&P Small Cap 600 Total Return Index The S&P SmallCap 600® seeks to measure the small-cap segment of the U.S. equity market. The index is designed to track companies that meet specific inclusion criteria to ensure that they are liquid and financially viable. MSCI EAFE Net Total Return USD Index The MSCI EAFE Index (Europe, Australasia, Far East) is a free float-adjusted market capitalization-weighted index that is designed to measure the equity market performance of developed markets, excluding the United States and Canada. The MSCI EAFE Index consists of the following 21 developed market countries: Australia, Austria, Belgium, Denmark, Finland, France, Germany, Hong Kong, Ireland, Israel, Italy, Japan, the Netherlands, New Zealand, Norway, Portugal, Singapore, Spain, Sweden, Switzerland and the United Kingdom. MSCI Emerging Net Total Return USD Index The MSCI Emerging Markets Index is a free float-adjusted market capitalization-weighted index that is designed to measure equity market performance of emerging markets. The MSCI Emerging Markets Index consists of the following 26 emerging market country indices: Argentina, Brazil, Chile, China, Colombia, Czech Republic, Egypt, Greece, Hungary, India, Indonesia, Korea, Malaysia, Mexico, Peru, Philippines, Poland, Qatar, Russia, Saudi Arabia, South Africa, Taiwan, Thailand, Turkey and United Arab Emirates. STOXX Global Broad Infrastructure Index Net Return USD The STOXX Global Broad Infrastructure Index is derived from the STOXX. Developed and Emerging Markets Total Market Index (TMI) and offers a diversified representation of companies that generate more than 50% of their revenue from selected infrastructure sectors. STOXX partnered with Revere Data, which defines 17 subsectors for the infrastructure industry. These 17 subsectors are rolled into five supersectors - Communications, Energy, Government Outsourcing/Social, Transportation and Utilities. S&P USA REIT USD Total Return Index The S&P United States REIT Index defines and measures the investable universe of publicly traded real estate investment trusts domiciled in the United States. Disclosures Bloomberg Commodity Index Total Return The Bloomberg Commodity Index provides broad-based exposure to commodities, and no single commodity or commodity sector dominates the index. Rather than being driven by micro-economic events affecting one commodity market or sector, the diversified commodity exposure of the index potentially reduces volatility in comparison with non- diversified commodity investments. Wilshire Liquid Alternative Total Return Index The Wilshire Liquid Alternative Index℠ measures the collective performance of the five Wilshire Liquid Alternative strategies that make up the Wilshire Liquid Alternative Universe. Created in 2014, with a set of time series of data beginning on December 31, 1999, the Wilshire Liquid Alternative Index (WLIQA) is designed to provide a broad measure of the liquid alternative market by combining the performance of the Wilshire Liquid Alternative Equity Hedge Index (WLIQAEH), Wilshire Liquid Alternative Global Macro Index (WLIQAGM), Wilshire Liquid Alternative Relative Value Index (WLIQARV), Wilshire Liquid Alternative Multi- Strategy Index (WLIQAMS), and Wilshire Liquid Alternative Event Driven Index (WLIQAED). Bloomberg US Agg Total Return Value Unhedged USD The Bloomberg U.S. Aggregate Index measures the performance of investment grade, U.S. dollar-denominated, fixed-rate taxable bond market, including Treasuries, government- related and corporate securities, MBS (agency fixed-rate and hybrid ARM pass-throughs), ABS, and CMBS. It rolls up into other flagship indices, such as the multi-currency Global Aggregate Index and the U.S. Universal Index, which includes high yield and emerging markets debt. Bloomberg VLI: High Yield Total Return Index Value Unhedged USD The Bloomberg VLI: High Yield Total Return Index is a component of the US Corp High Yield Index that is designed to track a more liquid component of the USD-denominated, high yield, fixed-rate corporate bond market. Bloomberg GLA xUSD Float Adj RIC Capped Index TR Index Value Hedged USD The Bloomberg Barclays Global Aggregate ex-USD Float-Adjusted RIC Capped Index is a customized subset of the Global Aggregate Index that meets the same diversification guidelines that a fund must pass to qualify as a regulated investment company (RIC). This multi-currency benchmark includes fixed-rate treasury, government-related, corporate and securitized bonds from developed and emerging markets issuers while excluding USD denominated debt. The Global Aggregate ex-USD Float Adjusted RIC Capped Index is largely comprised of two major regional aggregate components: the Pan-European Aggregate and the Asian-Pacific Aggregate Index. FTSE 3 Month Treas Bill Local Currency The FTSE 3 Month US T Bill Index Series is intended to track the daily performance of 3 month US Treasury bills. The indices are designed to operate as a reference rate for a series of funds. Page 275 5 | TRUSTED ADVISORS · MORE EXPERTS · BETTER ACCESS CITY OF KENAI PERMANENT FUNDS | September 2023 Disclosures Bloomberg Muni 1-15 Year Blend (1-17) Total Return Index Value The Bloomberg Municipal 1-15 Year Index measures the performance of USD-denominated long-term, tax-exempt bond market with maturities of 1-15 years, including state and local general obligation bonds, revenue bonds, insured bonds, and prerefunded bonds. Bloomberg Intermediate US Govt/Credit TR Index Value Unhedged The Bloomberg U.S. Government Intermediate Index measures the performance of the U.S. Treasury and U.S. agency debentures with maturities of 1-10 years. It is a component of the U.S. Government/Credit Index and the U.S. Aggregate Index. Bloomberg 1-5 Yr Gov/Credit Total Return Index Value Unhedge The Bloomberg US 1-5 year Government/Credit Float-Adjusted Bond Index is a float- adjusted version of the US 1-5 year Government/Credit Index, which tracks the market for investment grade, US dollar-denominated, fixed-rate treasuries, government-related and corporate securities. FTSE High Dividend Yield Total Return Index The FTSE High Dividend Yield Index is designed to represent the performance of companies with relatively high forecast dividend yields WisdomTree U.S. MidCap Dividend Index Total Return The WisdomTree U.S. MidCap Dividend Index is a fundamentally weighted index that measures the performance of the mid-capitalization segment of the US dividend-paying market. The Index is comprised of the companies that compose the top 75% of the market capitalization of the WisdomTree U.S. Dividend Index after the 300 largest companies have been removed. The index is dividend weighted annually to reflect the proportionate share of the aggregate cash dividends each component company is projected to pay in the coming year, based on the most recently declared dividend per share. WisdomTree U.S. SmallCap Dividend Index Total Return The WisdomTree U.S. SmallCap Dividend Index is a fundamentally weighted index measuring the performance of the small-capitalization segment of the US dividend- paying market. The Index is comprised of the companies that compose the bottom 25% of the market capitalization of the WisdomTree U.S. Dividend Index after the 300 largest companies have been removed. The index is dividend weighted annually to reflect the proportionate share of the aggregate cash dividends each component company is projected to pay in the coming year, based on the most recently declared dividend per share. Bloomberg U.S. Long Government/Credit Unhedged USD The Bloomberg U.S. Government Credit Long Index measures the performance of the non- securitized component of the U.S. Aggregate Index with maturities of 10 years and greater, including Treasuries, government-related issues, and corporates. It is a subset of the U.S. Aggregate Index. Bloomberg Intermediate US Govt/Credit TR Index Value Unhedged The Bloomberg U.S. Government Credit Intermediate Index measures the performance of the non-securitized component of the U.S. Aggregate Index with maturities of 1-10 years, including Treasuries, government-related issues, and corporates. It is a subset of the U.S. Aggregate Index. Bloomberg Municipal Bond 5 Year (4-6) Total Return Index Unhedged USD An index designed to measure the performance of tax-exempt U.S. investment grade municipal bonds with remaining maturities between four and six years. Index returns assume reinvestment of distributions, but do not reflect any applicable sales charges or management fees. MSCI ACWI IMI Net Total Return USD Index The MSCI ACWI Investable Market Index (IMI) captures large, mid and small cap representation across 23 Developed Markets (DM) and 24 Emerging Markets (EM) countries. The MSCI AXWI IMI includes the following 23 developed market countries : Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Hong Kong, Ireland, Israel, Italy, Japan, Netherlands, New Zealand, Norway, Portugal, Singapore, Spain, Sweden, Switzerland, United Kingdom, and United States. The MSCI AXWI IMI includes the following 24 emerging market countries: : Brazil, Chile, China, Colombia, Czech Republic, Egypt, Greece, Hungary, India, Indonesia, Korea, Kuwait, Malaysia, Mexico, Peru, Philippines, Poland, Qatar, Saudi Arabia, South Africa, Taiwan, Thailand, Turkey and United Arab Emirates. Bloomberg 1-3 Yr Gov Total Return Index Value Unhedged USD The Bloomberg U.S. Government/Credit 1-3 Year Index is an unmanaged index considered representative of performance of short-term U.S. corporate bonds and U.S. government bonds with maturities from one to three years. Bloomberg 1-5 Yr Gov TR Index Bloomberg Barclays Municipal 1-5 Yr TR USD includes all medium and larger issues of U.S. government, investment-grade corporate, and investment-grade international dollar- denominated bonds that have maturities of between 1 and 5 years and are publicly issued. ICE BofA US 3-Month Treasury Bill Index The ICE BofA 3 Month U.S. Treasury Index measures the performance of a single issue of outstanding treasury bill which matures closest to, but not beyond, three months from the rebalancing date. The issue is purchased at the beginning of the month and held for a full month; at the end of the month that issue is sold and rolled into a newly selected issue. Bloomberg US Treasury TIPS 0-5 Years Total Return Index Unhedged USD Bloomberg US Treasury Inflation-Protected Securities (TIPS) 0-5 Year Index is a market value-weighted index that measures the performance of inflation-protected securities issued by the US Treasury that have a remaining average life between 0 and 5 years. Bloomberg U.S. Treasury Bellwethers: 1 Year The Bloomberg U.S. Treasury Bellwethers 2 Yr. Index is an unmanaged index representing the on-the-run (most recently auctioned) U.S. Treasury bond with 1 years’ maturity. Page 276 Chartered Financial Analyst® (CFA®) are licensed by the CFA® Institute to use the CFA® mark. CFA® certification requirements: Hold a bachelor's degree from an accredited institution or have equivalent education or work experience, successful completion of all three exam levels of the CFA® Program, have 48 months of acceptable professional work experience in the investment decision-making process, fulfill society requirements, which vary by society. Unless you are upgrading from affiliate membership, all societies require two sponsor statements as part of each application; these are submitted online by your sponsors. Blake Phillips, CFA® blake@apcm.net Bill Lierman, CFA® Client Relationship Manager Portfolio Manager Page 277 Standard Supplemental Reports CITY OF KENAI PERMANENT FUNDS (350286) [07-01-2023]--[09-30-2023] 07/01/2023 - 09/30/2023 Dated: 11/16/2023 Locked Down Page 278 Portfolio Appraisal (CITY OF KENAI PERMANENT FUNDS (350286))1 Transaction Summary (CITY OF KENAI PERMANENT FUNDS (350286))12 Realized Gains and Losses (CITY OF KENAI PERMANENT FUNDS (350286)) 21 Cash Ledger (CITY OF KENAI PERMANENT FUNDS (350286))25 Table of Contents Dated: 11/16/2023 Page 279 U.S. Fixed Income Agency U.S. Fixed Income Corporate Bonds Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 50,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP 2.49% 05/19/2036 3133EMA44 78.94 39,469.50 50,000.00 50,000.00 73.00 36,956.55 456.50 0.1%5.48 1,245.00 45,000.00 FEDERAL HOME LOAN BANKS 2.40% 02/17/2032 3130AQRW5 85.94 38,672.55 45,000.00 45,000.00 80.71 36,449.57 132.00 0.1%5.28 1,080.00 125,000.00 FEDERAL HOME LOAN BANKS 0.60% 08/27/2025 3130AJZ36 99.90 124,875.00 125,000.00 125,000.00 91.72 114,714.71 70.83 0.4%5.21 750.00 125,000.00 FEDERAL HOME LOAN BANKS 1.63% 03/12/2027 3130AJ4B2 104.27 130,335.00 125,000.00 125,000.00 89.72 112,258.83 107.20 0.4%4.90 2,031.25 45,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP 2.50% 04/14/2036 3133EMVU3 79.15 35,618.40 45,000.00 45,000.00 73.26 33,490.18 521.88 0.1%5.47 1,125.00 --- ---------368,970.45 390,000.00 390,000.00 ---333,869.83 1,288.41 1.1%5.18 6,231.25 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 70,000.00 NNN REIT INC 4.80% 10/15/2048 637417AM8 126.03 88,222.40 70,000.00 70,000.00 78.02 56,159.83 1,549.33 0.2%6.61 3,360.00 75,000.00 NUTRIEN LTD 3.95% 05/13/2050 67077MAX6 99.74 74,803.50 75,000.00 75,000.00 69.80 53,484.05 1,135.63 0.2%6.30 2,962.50 70,000.00 ANHEUSER- BUSCH INBEV WORLDWIDE INC 4.00% 04/13/2028 035240AL4 114.31 80,016.30 70,000.00 70,000.00 94.74 67,625.51 1,306.67 0.2%5.32 2,800.00 100,000.00 HOME DEPOT INC 4.88% 02/15/2044 437076BD3 115.63 115,627.00 100,000.00 100,000.00 89.42 90,045.62 622.92 0.3%5.76 4,875.00 60,000.00 KIMCO REALTY OP LLC 3.20% 04/01/2032 49446RAZ2 99.17 59,501.40 60,000.00 60,000.00 80.62 49,334.76 960.00 0.2%6.16 1,920.00 50,000.00 PHILLIPS 66 4.88% 11/15/2044 718546AL8 126.49 63,243.00 50,000.00 50,000.00 85.53 43,687.18 920.83 0.1%6.10 2,437.50 100,000.00 ENBRIDGE INC 3.70% 07/15/2027 29250NAR6 101.13 101,135.00 100,000.00 100,000.00 92.71 93,493.41 781.11 0.3%5.87 3,700.00 60,000.00 BORGWARNER INC 2.65% 07/01/2027 099724AL0 107.34 64,402.80 60,000.00 60,000.00 89.32 53,989.50 397.50 0.2%5.86 1,590.00 Portfolio Appraisal CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD As of 09/30/2023 Return to Table of Contents Dated: 11/16/2023 1 Page 280 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 50,000.00 TELUS CORP 4.30% 06/15/2049 87971MBK8 121.52 60,762.10 50,000.00 50,000.00 72.90 37,083.96 633.06 0.1%6.48 2,150.00 27,000.00 CENOVUS ENERGY INC 5.25% 06/15/2037 15135UAP4 119.59 32,290.38 27,000.00 27,000.00 88.85 24,407.98 417.38 0.1%6.49 1,417.50 50,000.00 GENERAL DYNAMICS CORP 3.50% 04/01/2027 369550BL1 106.12 53,060.00 50,000.00 50,000.00 94.37 48,058.35 875.00 0.2%5.28 1,750.00 110,000.00 MAGELLAN MIDSTREAM PARTNERS LP 3.95% 03/01/2050 559080AP1 109.07 119,975.90 110,000.00 110,000.00 66.70 73,736.26 362.08 0.2%6.64 4,345.00 100,000.00 REYNOLDS AMERICAN INC 4.45% 06/12/2025 761713BG0 108.47 108,467.00 100,000.00 100,000.00 97.22 98,562.36 1,347.36 0.3%6.19 4,450.00 100,000.00 CITIGROUP INC 3.70% 01/12/2026 172967KG5 101.65 101,647.00 100,000.00 100,000.00 95.17 95,979.24 811.94 0.3%5.99 3,700.00 70,000.00 ESSEX PORTFOLIO LP 4.00% 03/01/2029 29717PAT4 111.75 78,224.30 70,000.00 70,000.00 90.89 63,857.73 233.33 0.2%5.99 2,800.00 100,000.00 BANK OF AMERICA CORP 4.44% 01/20/2048 06051GGG8 106.31 106,308.00 100,000.00 100,000.00 79.95 80,830.26 876.26 0.3%6.10 4,443.00 35,000.00 DARDEN RESTAURANTS INC 3.85% 05/01/2027 237194AL9 110.59 38,705.80 35,000.00 35,000.00 93.66 33,342.28 561.46 0.1%5.83 1,347.50 100,000.00 RYDER SYSTEM INC 2.90% 12/01/2026 78355HKP3 90.81 90,807.00 100,000.00 100,000.00 91.33 92,294.77 966.67 0.3%5.94 2,900.00 100,000.00 INTEL CORP 3.90% 03/25/2030 458140BR0 113.48 113,484.00 100,000.00 100,000.00 91.20 91,262.60 65.00 0.3%5.53 3,900.00 100,000.00 CARDINAL HEALTH INC 4.90% 09/15/2045 14149YBD9 111.47 111,470.00 100,000.00 100,000.00 80.01 80,229.68 217.78 0.3%6.64 4,900.00 100,000.00 SYSCO CORP 4.45% 03/15/2048 871829BH9 120.54 120,536.00 100,000.00 100,000.00 77.47 77,671.98 197.78 0.2%6.26 4,450.00 100,000.00 JPMORGAN CHASE & CO 3.88% 02/01/2024 46625HJT8 105.18 105,181.00 100,000.00 100,000.00 99.26 99,902.73 645.83 0.3%6.07 3,875.00 100,000.00 MORGAN STANLEY 3.88% 04/29/2024 61746BDQ6 103.71 103,711.00 100,000.00 100,000.00 98.76 100,392.11 1,636.11 0.3%6.07 3,875.00 65,000.00 AERCAP IRELAND CAPITAL DAC 5.75% 06/06/2028 00774MBC8 99.03 64,370.15 65,000.00 65,000.00 97.74 64,722.91 1,193.92 0.2%6.31 3,737.50 100,000.00 WELLS FARGO & CO 3.30% 09/09/2024 94974BGA2 99.88 99,882.00 100,000.00 100,000.00 97.51 97,707.87 201.67 0.3%6.05 3,300.00 --- ---------2,155,833.03 1,992,000.00 1,992,000.00 ---1,767,862.93 18,916.61 5.6%6.08 80,985.50 Portfolio Appraisal CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD As of 09/30/2023 Return to Table of Contents Dated: 11/16/2023 2 Page 281 U.S. Fixed Income MBS Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 22,431.75 FN MA3871 3.00% 12/01/2049 31418DJR4 101.91 22,859.33 100,000.00 22,431.75 83.49 18,785.23 56.08 0.1%5.54 672.95 22,237.44 FN CB3918 4.50% 06/01/2052 3140QPK89 96.58 21,476.50 25,000.00 22,237.44 92.59 20,672.65 83.39 0.1%5.69 1,000.68 60,074.45 FN MA4562 2.00% 03/01/2052 31418EB82 83.87 50,387.43 65,000.00 60,074.45 75.91 45,703.53 100.12 0.1%5.48 1,201.49 36,072.31 FH RA1343 3.00% 09/01/2049 3133KGP44 104.69 37,763.16 100,000.00 36,072.31 83.92 30,361.09 90.18 0.1%5.47 1,082.17 57,962.79 FN MA4978 5.00% 04/01/2053 31418EQ86 99.34 57,582.41 60,000.00 57,962.79 94.37 54,938.22 241.51 0.2%5.91 2,898.14 37,991.43 FN MA3305 3.50% 03/01/2048 31418CU77 103.02 39,137.13 225,000.00 37,991.43 87.18 33,232.78 110.81 0.1%5.60 1,329.70 142,923.39 FN MA4398 2.00% 08/01/2051 31418D3G5 78.81 112,641.48 165,000.00 142,923.39 76.14 109,066.34 238.21 0.3%5.51 2,858.47 44,026.15 FH G61893 3.00% 07/01/2047 31335CC69 101.14 44,528.30 150,000.00 44,026.15 84.16 37,164.52 110.07 0.1%5.69 1,320.78 43,012.28 FH C91270 4.50% 10/01/2029 3128P7MT7 105.67 45,451.87 2,000,000.00 43,012.28 93.53 40,389.08 161.30 0.1%7.50 1,935.55 35,979.19 FN FS0822 2.00% 03/01/2052 3140XF4G3 88.61 31,880.94 40,000.00 35,979.19 76.39 27,543.32 59.97 0.1%5.41 719.58 86,202.00 FN MA4383 2.00% 07/01/2036 31418D2R2 90.54 78,043.12 115,000.00 86,202.00 85.75 74,061.35 143.67 0.2%5.40 1,724.04 84,321.51 FN AL3180 3.00% 01/01/2043 3138EKRA5 100.20 84,492.80 374,582.00 84,321.51 85.05 71,925.54 210.80 0.2%5.81 2,529.65 51,687.44 FH G16255 2.50% 07/01/2032 3128MFE46 99.70 51,533.99 190,000.00 51,687.44 90.70 46,985.84 107.68 0.1%5.47 1,292.19 108,074.41 FH RA8415 5.50% 01/01/2053 3133KQK47 101.52 109,714.62 115,000.00 108,074.41 97.83 106,229.52 495.34 0.3%5.89 5,944.09 148,916.21 FN MA4492 2.00% 12/01/2051 31418D7E6 78.73 117,236.61 165,000.00 148,916.21 76.01 113,441.34 248.19 0.4%5.50 2,978.32 65,052.01 FN CB1783 2.50% 10/01/2051 3140QL6V3 92.13 59,929.16 75,000.00 65,052.01 80.09 52,235.60 135.53 0.2%5.41 1,626.30 31,818.40 FN AS8483 3.00% 12/01/2046 3138WJM96 102.95 32,757.97 125,000.00 31,818.40 84.19 26,867.71 79.55 0.1%5.66 954.55 235,619.63 FH QC4235 2.50% 07/01/2051 3133ANV43 102.31 241,068.30 300,000.00 235,619.63 80.07 189,145.93 490.87 0.6%5.41 5,890.49 90,040.30 FN AT2324 3.00% 05/01/2043 3138WPSN5 100.20 90,223.21 335,507.00 90,040.30 85.67 77,364.43 225.10 0.2%5.61 2,701.21 Portfolio Appraisal CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD As of 09/30/2023 Return to Table of Contents Dated: 11/16/2023 3 Page 282 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 20,638.39 FN MA3276 3.50% 02/01/2048 31418CUA0 105.75 21,825.10 125,000.00 20,638.39 87.18 18,052.08 60.20 0.1%5.61 722.34 132,344.84 FH V80057 3.00% 05/01/2043 3132L5B28 100.23 132,655.01 450,000.00 132,344.84 88.11 116,935.92 330.86 0.4%5.15 3,970.35 20,725.65 FN MA3834 3.00% 11/01/2049 31418DHL9 101.90 21,119.10 100,000.00 20,725.65 83.73 17,405.66 51.81 0.1%5.50 621.77 38,855.93 FH SD8129 2.50% 02/01/2051 3132DWA60 84.93 33,000.23 60,000.00 38,855.93 79.60 31,011.63 80.95 0.1%5.57 971.40 51,142.14 FN BP6826 2.50% 05/01/2050 3140KESQ2 104.98 53,691.24 100,000.00 51,142.14 79.62 40,828.15 106.55 0.1%5.66 1,278.55 2,802.19 FH G14203 4.00% 04/01/2026 3128MC3L7 104.56 2,930.03 256,397.00 2,802.19 97.65 2,745.65 9.34 0.0%6.38 112.09 28,696.98 FH QA5517 3.00% 12/01/2049 3133A0DW1 102.31 29,360.58 100,000.00 28,696.98 83.49 24,032.19 71.74 0.1%5.53 860.91 56,404.83 FN BD2453 3.00% 01/01/2047 3140F9WP6 99.89 56,343.10 139,000.00 56,404.83 84.91 48,033.93 141.01 0.2%5.53 1,692.14 199,220.42 FN BR1668 2.00% 03/01/2051 3140KY2A1 99.54 198,294.35 250,000.00 199,220.42 76.10 151,934.59 332.03 0.5%5.56 3,984.41 36,741.65 FH QE9566 5.00% 09/01/2052 3133BKTX7 98.78 36,293.86 40,000.00 36,741.65 94.39 34,834.78 153.09 0.1%5.96 1,837.08 83,478.44 FN MA4475 2.50% 11/01/2041 31418D6M9 103.58 86,465.39 100,000.00 83,478.44 82.32 68,895.37 173.91 0.2%6.01 2,086.96 74,589.32 FH G08722 3.50% 09/01/2046 3128MJYU8 102.09 76,145.22 477,000.00 74,589.32 87.53 65,505.27 217.55 0.2%5.61 2,610.63 11,147.10 FN MA3638 4.00% 04/01/2049 31418DBG6 103.09 11,491.98 101,000.00 11,147.10 90.07 10,077.45 37.16 0.0%5.62 445.88 250,197.02 FN MA4414 2.50% 09/01/2051 31418D3Y6 86.05 215,286.72 300,000.00 250,197.02 79.60 199,685.18 521.24 0.6%5.49 6,254.93 83,462.97 FH RB5095 2.00% 01/01/2041 3133KYUU1 103.84 86,664.54 115,000.00 83,462.97 81.13 67,850.52 139.10 0.2%5.71 1,669.26 55,592.81 FH RA4518 3.50% 02/01/2051 3133KLAT4 91.20 50,700.20 90,000.00 55,592.81 86.77 48,402.27 162.15 0.2%5.48 1,945.75 56,355.32 FN 995373 4.50% 02/01/2039 31416BXA1 106.72 60,141.65 4,000,000.00 56,355.32 94.28 53,343.02 211.33 0.2%5.73 2,535.99 13,864.67 FH SD1884 5.00% 11/01/2052 3132DPCV8 100.30 13,906.91 15,000.00 13,864.67 94.41 13,147.50 57.77 0.0%5.96 693.23 141,770.25 FN AJ1405 4.00% 09/01/2041 3138ASR38 104.48 148,127.66 1,500,000.00 141,770.25 92.23 131,234.23 472.57 0.4%5.50 5,670.81 74,668.03 FH SB8503 2.00% 08/01/2035 3132D6NU0 102.81 76,768.07 125,000.00 74,668.03 86.23 64,509.50 124.45 0.2%5.46 1,493.36 24,110.75 FN MA3960 3.00% 03/01/2050 31418DMJ8 102.31 24,668.31 100,000.00 24,110.75 83.37 20,161.57 60.28 0.1%5.50 723.32 Portfolio Appraisal CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD As of 09/30/2023 Return to Table of Contents Dated: 11/16/2023 4 Page 283 U.S. Fixed Income U.S. Treasuries Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 72,765.35 FN CA7738 2.50% 11/01/2050 3140QFS42 105.64 76,869.76 115,000.00 72,765.35 80.05 58,402.56 151.59 0.2%5.40 1,819.13 41,321.99 FN MA2930 4.00% 03/01/2047 31418CHG2 103.56 42,794.16 344,000.00 41,321.99 90.39 37,490.44 137.74 0.1%5.61 1,652.88 43,873.89 FH J30401 3.00% 01/01/2030 31307LNS3 101.30 44,442.84 301,000.00 43,873.89 93.36 41,070.78 109.68 0.1%6.00 1,316.22 --- ---------2,928,694.36 14,028,486.00 3,019,214.05 ---2,541,704.27 7,302.48 8.1%5.59 87,629.76 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 160,000.00 UNITED STATES TREASURY 2.88% 05/15/2032 91282CEP2 99.71 159,535.94 160,000.00 160,000.00 87.78 142,187.50 1,737.50 0.5%4.61 4,600.00 20,000.00 UNITED STATES TREASURY 2.63% 02/15/2029 9128286B1 106.94 21,388.28 20,000.00 20,000.00 90.45 18,157.68 67.05 0.1%4.65 525.00 180,000.00 UNITED STATES TREASURY 4.00% 02/29/2028 91282CGP0 101.49 182,685.94 180,000.00 180,000.00 97.42 175,972.56 613.19 0.6%4.65 7,200.00 75,000.00 UNITED STATES TREASURY 1.63% 11/15/2050 912810SS8 95.70 71,776.95 75,000.00 75,000.00 52.38 39,741.59 460.34 0.1%4.77 1,218.75 105,000.00 UNITED STATES TREASURY 0.38% 11/30/2025 91282CAZ4 92.33 96,947.66 105,000.00 105,000.00 90.58 95,239.36 132.33 0.3%5.01 393.75 115,000.00 UNITED STATES TREASURY 3.00% 09/30/2025 9128285C0 100.99 116,136.52 115,000.00 115,000.00 96.09 110,517.24 9.43 0.4%5.08 3,450.00 145,000.00 UNITED STATES TREASURY 2.88% 05/15/2052 912810TG3 87.50 126,879.88 145,000.00 145,000.00 70.94 104,433.98 1,574.61 0.3%4.74 4,168.75 170,000.00 UNITED STATES TREASURY 1.50% 11/30/2024 912828YV6 102.28 173,871.48 170,000.00 170,000.00 95.64 163,446.03 856.97 0.5%5.39 2,550.00 55,000.00 UNITED STATES TREASURY 0.88% 01/31/2024 91282CDV0 98.65 54,256.64 55,000.00 55,000.00 98.52 54,264.67 81.08 0.2%5.35 481.25 15,000.00 UNITED STATES TREASURY 1.88% 11/15/2051 912810TB4 95.26 14,288.67 15,000.00 15,000.00 55.77 8,471.08 106.23 0.0%4.74 281.25 85,000.00 UNITED STATES TREASURY 3.88% 08/15/2040 912810QK7 128.02 108,819.93 85,000.00 85,000.00 88.72 75,831.61 420.67 0.2%4.86 3,293.75 Portfolio Appraisal CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD As of 09/30/2023 Return to Table of Contents Dated: 11/16/2023 5 Page 284 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 100,000.00 UNITED STATES TREASURY 0.38% 04/15/2024 91282CBV2 99.53 99,527.34 100,000.00 100,000.00 97.31 97,485.66 173.16 0.3%5.46 375.00 75,000.00 UNITED STATES TREASURY 2.75% 06/30/2025 912828XZ8 99.71 74,780.27 75,000.00 75,000.00 96.00 72,521.23 521.23 0.2%5.16 2,062.50 50,000.00 UNITED STATES TREASURY 0.38% 07/31/2027 91282CAD3 95.14 47,568.36 50,000.00 50,000.00 84.94 42,500.34 31.59 0.1%4.71 187.50 95,000.00 UNITED STATES TREASURY 2.88% 05/15/2043 912810RB6 76.58 72,749.22 95,000.00 95,000.00 74.03 71,361.33 1,031.64 0.2%4.96 2,731.25 25,000.00 UNITED STATES TREASURY 2.75% 08/15/2042 912810QX9 110.86 27,715.82 25,000.00 25,000.00 73.22 18,392.49 87.81 0.1%4.95 687.50 70,000.00 UNITED STATES TREASURY 0.63% 08/15/2030 91282CAE1 84.59 59,215.63 70,000.00 70,000.00 76.73 53,769.94 55.88 0.2%4.61 437.50 50,000.00 UNITED STATES TREASURY 3.25% 06/30/2029 91282CEV9 100.53 50,263.67 50,000.00 50,000.00 92.92 46,871.60 410.67 0.1%4.67 1,625.00 15,000.00 UNITED STATES TREASURY 0.25% 11/15/2023 91282CAW1 96.76 14,514.26 15,000.00 15,000.00 99.39 14,922.76 14.16 0.0%5.05 37.50 35,000.00 UNITED STATES TREASURY 1.88% 02/15/2032 91282CDY4 90.94 31,829.49 35,000.00 35,000.00 81.22 28,510.38 83.81 0.1%4.60 656.25 120,000.00 UNITED STATES TREASURY 0.25% 07/31/2025 91282CAB7 96.66 115,992.97 120,000.00 120,000.00 91.55 109,906.79 50.54 0.4%5.13 300.00 105,000.00 UNITED STATES TREASURY 1.75% 11/15/2029 912828YS3 93.71 98,400.59 105,000.00 105,000.00 85.05 89,993.27 694.06 0.3%4.58 1,837.50 50,000.00 UNITED STATES TREASURY 2.00% 08/15/2051 912810SZ2 100.88 50,439.45 50,000.00 50,000.00 57.73 28,994.90 127.72 0.1%4.75 1,000.00 55,000.00 UNITED STATES TREASURY 1.63% 05/15/2031 91282CCB5 100.89 55,489.84 55,000.00 55,000.00 81.17 44,982.12 337.58 0.1%4.58 893.75 40,000.00 UNITED STATES TREASURY 3.00% 08/15/2052 912810TJ7 90.09 36,037.50 40,000.00 40,000.00 72.91 29,315.76 153.26 0.1%4.73 1,200.00 10,000.00 UNITED STATES TREASURY 3.38% 08/15/2042 912810TK4 96.23 9,623.44 10,000.00 10,000.00 81.08 8,150.92 43.10 0.0%4.93 337.50 40,000.00 UNITED STATES TREASURY 3.50% 01/31/2030 91282CGJ4 100.61 40,243.75 40,000.00 40,000.00 93.73 37,729.62 235.87 0.1%4.65 1,400.00 Portfolio Appraisal CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD As of 09/30/2023 Return to Table of Contents Dated: 11/16/2023 6 Page 285 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 100,000.00 UNITED STATES TREASURY 3.13% 11/15/2028 9128285M8 103.28 103,277.34 100,000.00 100,000.00 93.11 94,289.74 1,180.37 0.3%4.65 3,125.00 140,000.00 UNITED STATES TREASURY 1.13% 02/15/2031 91282CBL4 99.68 139,551.56 140,000.00 140,000.00 78.84 110,582.40 201.15 0.4%4.53 1,575.00 45,000.00 UNITED STATES TREASURY 2.88% 05/15/2049 912810SH2 104.41 46,986.33 45,000.00 45,000.00 71.34 32,593.36 488.67 0.1%4.84 1,293.75 20,000.00 UNITED STATES TREASURY 2.25% 02/15/2052 912810TD0 83.97 16,794.53 20,000.00 20,000.00 61.41 12,338.72 57.47 0.0%4.74 450.00 15,000.00 UNITED STATES TREASURY 1.25% 05/15/2050 912810SN9 100.74 15,110.74 15,000.00 15,000.00 47.19 7,148.95 70.82 0.0%4.78 187.50 75,000.00 UNITED STATES TREASURY 1.63% 05/15/2026 912828R36 98.43 73,822.27 75,000.00 75,000.00 92.03 69,483.78 460.34 0.2%4.89 1,218.75 65,000.00 UNITED STATES TREASURY 2.75% 08/15/2032 91282CFF3 95.15 61,846.48 65,000.00 65,000.00 86.59 56,514.23 228.29 0.2%4.61 1,787.50 125,000.00 UNITED STATES TREASURY 0.88% 11/15/2030 91282CAV3 97.64 122,045.90 125,000.00 125,000.00 77.78 97,639.69 413.13 0.3%4.56 1,093.75 35,000.00 UNITED STATES TREASURY 2.88% 04/30/2029 91282CEM9 96.88 33,908.98 35,000.00 35,000.00 91.31 32,380.47 421.09 0.1%4.66 1,006.25 25,000.00 UNITED STATES TREASURY 3.13% 02/15/2043 912810QZ4 97.13 24,283.20 25,000.00 25,000.00 77.38 19,443.53 99.78 0.1%4.95 781.25 10,000.00 UNITED STATES TREASURY 0.63% 05/15/2030 912828ZQ6 100.79 10,079.30 10,000.00 10,000.00 77.39 7,762.67 23.61 0.0%4.62 62.50 10,000.00 UNITED STATES TREASURY 3.63% 02/15/2053 912810TN8 97.77 9,777.34 10,000.00 10,000.00 82.77 8,322.86 46.30 0.0%4.71 362.50 75,000.00 UNITED STATES TREASURY 4.00% 02/15/2026 91282CGL9 100.28 75,208.01 75,000.00 75,000.00 97.88 73,789.40 383.15 0.2%4.96 3,000.00 200,000.00 UNITED STATES TREASURY 3.63% 03/31/2028 91282CGT2 100.14 200,287.51 200,000.00 200,000.00 95.88 191,769.81 19.81 0.6%4.65 7,250.00 100,000.00 UNITED STATES TREASURY 0.25% 05/15/2024 91282CCC3 99.86 99,855.47 100,000.00 100,000.00 96.81 96,906.93 94.43 0.3%5.48 250.00 100,000.00 UNITED STATES TREASURY 3.38% 05/15/2033 91282CHC8 96.46 96,462.89 100,000.00 100,000.00 90.72 91,993.55 1,274.80 0.3%4.58 3,375.00 Portfolio Appraisal CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD As of 09/30/2023 Return to Table of Contents Dated: 11/16/2023 7 Page 286 U.S. High Yield Fixed Income Open-End Fund Cash CASH Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 70,000.00 UNITED STATES TREASURY 3.63% 05/15/2053 912810TR9 94.26 65,981.25 70,000.00 70,000.00 82.83 58,938.15 958.46 0.2%4.71 2,537.50 70,000.00 UNITED STATES TREASURY 3.88% 05/15/2043 912810TS7 96.62 67,630.86 70,000.00 70,000.00 86.95 61,891.75 1,024.56 0.2%4.92 2,712.50 120,000.00 UNITED STATES TREASURY 3.50% 04/30/2028 91282CHA2 97.80 117,360.94 120,000.00 120,000.00 95.31 116,132.61 1,757.61 0.4%4.65 4,200.00 120,000.00 UNITED STATES TREASURY 3.63% 05/15/2026 91282CHB0 98.16 117,787.50 120,000.00 120,000.00 96.94 117,968.07 1,643.07 0.4%4.88 4,350.00 50,000.00 UNITED STATES TREASURY 3.75% 05/31/2030 91282CHF1 99.41 49,705.08 50,000.00 50,000.00 94.94 48,098.87 630.12 0.2%4.64 1,875.00 75,000.00 UNITED STATES TREASURY 3.63% 05/31/2028 91282CHE4 98.69 74,018.55 75,000.00 75,000.00 95.86 72,808.21 913.68 0.2%4.62 2,718.75 80,000.00 UNITED STATES TREASURY 4.13% 06/15/2026 91282CHH7 99.00 79,196.88 80,000.00 80,000.00 98.14 79,486.27 973.77 0.3%4.86 3,300.00 20,000.00 UNITED STATES TREASURY 3.75% 06/30/2030 91282CHJ3 98.70 19,739.06 20,000.00 20,000.00 94.92 19,173.91 189.54 0.1%4.63 750.00 12,000.00 UNITED STATES TREASURY 4.13% 08/15/2053 912810TT5 93.09 11,171.25 12,000.00 12,000.00 90.83 10,962.60 63.22 0.0%4.70 495.00 20,000.00 UNITED STATES TREASURY 3.88% 08/15/2033 91282CHT1 95.26 19,052.34 20,000.00 20,000.00 94.50 18,998.98 98.98 0.1%4.57 775.00 50,000.00 UNITED STATES TREASURY 4.38% 08/31/2028 91282CHX2 98.54 49,267.58 50,000.00 50,000.00 99.00 49,686.30 186.30 0.2%4.60 2,187.50 --- ---------3,811,188.63 3,887,000.00 3,887,000.00 ---3,440,778.21 24,014.00 11.0%4.82 96,651.25 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 242,549.85 VANGUARD HY CORP ADM VWEAX 5.50 1,333,793.90 242,549.85 242,549.85 5.13 1,244,280.72 0.00 4.0%------ --- ---------1,333,793.90 242,549.85 242,549.85 ---1,244,280.72 0.00 4.0%---0.00 Portfolio Appraisal CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD As of 09/30/2023 Return to Table of Contents Dated: 11/16/2023 8 Page 287 Cash MMFUND U.S. Large Cap Equity ETF U.S. Mid Cap Equity ETF U.S. Small Cap Equity ETF Developed International Equity ETF Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 0.00 Cash USD 1.00 0.00 0.00 0.00 1.00 0.00 0.00 0.0%0.00 0.00 61,799.28 Receivable USD 1.00 61,799.28 61,799.28 61,799.28 1.00 61,799.28 0.00 0.2%0.00 0.00 --- ---------61,799.28 61,799.28 61,799.28 ---61,799.28 0.00 0.2%0.00 0.00 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 944,429.76 ALLSPRING:GO VT MM I GVIXX 1.00 944,429.76 944,429.76 944,429.76 1.00 944,429.76 0.00 3.0%5.23 49,110.35 --- ---------944,429.76 944,429.76 944,429.76 ---944,429.76 0.00 3.0%5.23 49,110.35 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 16,132.00 SPDR S&P 500 ETF SPY 322.04 5,195,204.29 16,132.00 16,132.00 427.31 6,893,302.57 0.00 22.0%---159,217.89 --- ---------5,195,204.29 16,132.00 16,132.00 ---6,893,302.57 0.00 22.0%---159,217.89 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 10,152.00 ISHARES:CORE S&P MD-CP IJH 195.22 1,981,858.60 10,152.00 10,152.00 249.36 2,531,460.61 0.00 8.1%---39,851.40 7,898.00 INVESCO S&P MIDCAP QLTY XMHQ 79.51 627,938.39 7,898.00 7,898.00 80.45 635,380.87 0.00 2.0%------ --- ---------2,609,796.99 18,050.00 18,050.00 ---3,166,841.48 0.00 10.1%---39,851.40 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 13,446.00 ISHARES:CORE S&P SM-CP IJR 86.42 1,161,999.92 13,446.00 13,446.00 94.31 1,268,034.11 0.00 4.0%---20,862.31 7,692.00 PACER US SC CSH CWS 100 CALF 35.49 272,984.75 7,692.00 7,692.00 41.74 321,031.00 0.00 1.0%------ --- ---------1,434,984.67 21,138.00 21,138.00 ---1,589,065.11 0.00 5.1%---20,862.31 Portfolio Appraisal CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD As of 09/30/2023 Return to Table of Contents Dated: 11/16/2023 9 Page 288 Emerging Market Equity ETF Infrastructure ETF REITs ETF Alternative Beta ETF Alternative Beta Open-End Fund Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 38,945.00 ISHARES:CORE MSCI EAFE IEFA 67.09 2,612,834.71 38,945.00 38,945.00 64.24 2,501,931.68 0.00 8.0%---62,928.77 --- ---------2,612,834.71 38,945.00 38,945.00 ---2,501,931.68 0.00 8.0%---62,928.77 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 32,970.00 ISHARES:CORE MSCI EMMKTS IEMG 60.82 2,005,337.25 32,970.00 32,970.00 47.80 1,575,923.53 0.00 5.0%---37,818.19 --- ---------2,005,337.25 32,970.00 32,970.00 ---1,575,923.53 0.00 5.0%---37,818.19 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 31,924.00 FLEXSHS:STOX X GL BRD INF NFRA 52.82 1,686,185.38 31,924.00 31,924.00 48.53 1,549,271.72 0.00 4.9%------ --- ---------1,686,185.38 31,924.00 31,924.00 ---1,549,271.72 0.00 4.9%---0.00 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 5,380.00 JPMORGAN:BB MSCI US REIT BBRE 85.07 457,650.98 5,380.00 5,380.00 77.76 418,348.80 0.00 1.3%---16,265.16 5,941.00 PACER INDUSTRIAL RE INDS 40.53 240,805.91 5,941.00 5,941.00 35.10 208,501.18 0.00 0.7%------ --- ---------698,456.90 11,321.00 11,321.00 ---626,849.98 0.00 2.0%---16,265.16 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 27,906.00 CORE ALTERNATIVE CCOR 30.02 837,638.37 27,906.00 27,906.00 27.66 771,986.00 0.00 2.5%---9,439.21 26,018.00 INDEXIQ:HDG MLT-STR TRCK QAI 29.68 772,254.81 26,018.00 26,018.00 30.07 782,461.44 0.00 2.5%---29,610.55 --- ---------1,609,893.18 53,924.00 53,924.00 ---1,554,447.45 0.00 5.0%---39,049.76 Portfolio Appraisal CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD As of 09/30/2023 Return to Table of Contents Dated: 11/16/2023 10 Page 289 Summary * Grouped by: APCM Asset Type -> Custom Security Type Classifier. * Groups Sorted by: APCM Asset Type -> Custom Security Type Classifier. * Weighted by: Quantity (With Summary), except Book Yield by Base Book Value + Accrued. * Holdings Displayed by: Position. * Quantity = [Quantity (With Summary)]. * Description = IF(Empty([Final Maturity])OR([Manual Asset Class]='Cash'), [Original Description], concat([Original Description],' ', TEXTNUMBER([Coupon Rate],'0.00'),'% ',TEXTDATE([Legal Final Maturity],'MM/dd/yyyy'))). * Identifier = If([Fixed Income]=TRUE, [CUSIP],[Ticker]). * Original Cost = [Original Price (With Summary)]. * Market Price = [Market Price (With Summary)]. * Yield To Maturity = IF((TEXTBOOLEAN([Fixed Income], 'Yes,No'))='No', [Book Yield], IF([Reporting - Report Type]='Operating',[Book Yield],[Yield to Maturity - Portfolio Yield])), Summary Calculation: Weighted Average. Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income 158,381.70 BLACKROCK:SY S MLTI STR I BIMBX 10.08 1,596,193.21 158,381.70 158,381.70 9.83 1,556,892.16 0.00 5.0%------ --- ---------1,596,193.21 158,381.70 158,381.70 ---1,556,892.16 0.00 5.0%---0.00 Quantity Description Identifier Original Cost Total Cost Original Units Current Units Market Price Market Value + Accrued Accrued Interest % of Market Value + Accrued Yield To Maturity Estimated Annual Income --- --------- 31,053,595.98 21,929,050.59 10,919,778.64 --- 31,349,250.69 51,521.50 100.0%5.31 696,601.60 Portfolio Appraisal CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD As of 09/30/2023 Return to Table of Contents Dated: 11/16/2023 11 Page 290 * Does not Lock Down. Coupon Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest Agency 08/17/2023 08/17/2023 3130AQRW5 FEDERAL HOME LOAN BANKS 2.40% 02/17/2032 0.00 540.00 0.00 Agency 08/27/2023 08/27/2023 3130AJZ36 FEDERAL HOME LOAN BANKS 0.60% 08/27/2025 0.00 375.00 0.00 Agency 09/12/2023 09/12/2023 3130AJ4B2 FEDERAL HOME LOAN BANKS 1.63% 03/12/2027 0.00 1,015.63 0.00 Corporate Bonds 07/01/2023 07/01/2023 099724AL0 BORGWARNER INC 2.65% 07/01/2027 0.00 795.00 0.00 Corporate Bonds 07/12/2023 07/12/2023 172967KG5 CITIGROUP INC 3.70% 01/12/2026 0.00 1,850.00 0.00 Corporate Bonds 07/15/2023 07/15/2023 29250NAR6 ENBRIDGE INC 3.70% 07/15/2027 0.00 1,850.00 0.00 Corporate Bonds 07/20/2023 07/20/2023 06051GGG8 BANK OF AMERICA CORP 4.44% 01/20/2048 0.00 2,221.50 0.00 Corporate Bonds 08/01/2023 08/01/2023 46625HJT8 JPMORGAN CHASE & CO 3.88% 02/01/2024 0.00 1,937.50 0.00 Corporate Bonds 08/15/2023 08/15/2023 437076BD3 HOME DEPOT INC 4.88% 02/15/2044 0.00 2,437.50 0.00 Corporate Bonds 08/16/2023 08/16/2023 06406FAD5 BANK OF NEW YORK MELLON CORP 2.20% 08/16/2023 0.00 1,100.00 0.00 Corporate Bonds 09/01/2023 09/01/2023 29717PAT4 ESSEX PORTFOLIO LP 4.00% 03/01/2029 0.00 1,400.00 0.00 Corporate Bonds 09/01/2023 09/01/2023 559080AP1 MAGELLAN MIDSTREAM PARTNERS LP 3.95% 03/01/2050 0.00 2,172.50 0.00 Corporate Bonds 09/09/2023 09/09/2023 94974BGA2 WELLS FARGO & CO 3.30% 09/09/2024 0.00 1,650.00 0.00 Corporate Bonds 09/15/2023 09/15/2023 871829BH9 SYSCO CORP 4.45% 03/15/2048 0.00 2,225.00 0.00 Corporate Bonds 09/15/2023 09/15/2023 14149YBD9 CARDINAL HEALTH INC 4.90% 09/15/2045 0.00 2,450.00 0.00 Corporate Bonds 09/25/2023 09/25/2023 458140BR0 INTEL CORP 3.90% 03/25/2030 0.00 1,950.00 0.00 MBS 07/01/2023 07/01/2023 3133KLAT4 FH RA4518 3.50% 02/01/2051 0.00 166.50 0.00 MBS 07/01/2023 07/01/2023 3133KQK47 FH RA8415 5.50% 01/01/2053 0.00 506.29 0.00 MBS 07/01/2023 07/01/2023 3133KGP44 FH RA1343 3.00% 09/01/2049 0.00 92.80 0.00 MBS 07/01/2023 07/01/2023 3138WJM96 FN AS8483 3.00% 12/01/2046 0.00 81.48 0.00 MBS 07/01/2023 07/01/2023 31418EQ86 FN MA4978 5.00% 04/01/2053 0.00 246.01 0.00 MBS 07/01/2023 07/01/2023 3138EKRA5 FN AL3180 3.00% 01/01/2043 0.00 221.16 0.00 MBS 07/01/2023 07/01/2023 3132DWA60 FH SD8129 2.50% 02/01/2051 0.00 82.66 0.00 MBS 07/01/2023 07/01/2023 3138ASR38 FN AJ1405 4.00% 09/01/2041 0.00 490.25 0.00 MBS 07/01/2023 07/01/2023 3140F9WP6 FN BD2453 3.00% 01/01/2047 0.00 144.66 0.00 MBS 07/01/2023 07/01/2023 31418D3G5 FN MA4398 2.00% 08/01/2051 0.00 242.67 0.00 MBS 07/01/2023 07/01/2023 3128MFE46 FH G16255 2.50% 07/01/2032 0.00 113.40 0.00 MBS 07/01/2023 07/01/2023 31418D2R2 FN MA4383 2.00% 07/01/2036 0.00 148.31 0.00 MBS 07/01/2023 07/01/2023 3138WPSN5 FN AT2324 3.00% 05/01/2043 0.00 232.51 0.00 MBS 07/01/2023 07/01/2023 31307LNS3 FH J30401 3.00% 01/01/2030 0.00 116.42 0.00 MBS 07/01/2023 07/01/2023 3140KY2A1 FN BR1668 2.00% 03/01/2051 0.00 340.20 0.00 MBS 07/01/2023 07/01/2023 31418DHL9 FN MA3834 3.00% 11/01/2049 0.00 53.18 0.00 MBS 07/01/2023 07/01/2023 31335CC69 FH G61893 3.00% 07/01/2047 0.00 112.70 0.00 MBS 07/01/2023 07/01/2023 3133ANV43 FH QC4235 2.50% 07/01/2051 0.00 498.80 0.00 MBS 07/01/2023 07/01/2023 3132L5B28 FH V80057 3.00% 05/01/2043 0.00 347.04 0.00 MBS 07/01/2023 07/01/2023 31416BXA1 FN 995373 4.50% 02/01/2039 0.00 219.76 0.00 MBS 07/01/2023 07/01/2023 3128P7MT7 FH C91270 4.50% 10/01/2029 0.00 169.30 0.00 MBS 07/01/2023 07/01/2023 3133BKTX7 FH QE9566 5.00% 09/01/2052 0.00 156.42 0.00 MBS 07/01/2023 07/01/2023 3132D6NU0 FH SB8503 2.00% 08/01/2035 0.00 129.19 0.00 Transaction Summary CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 12 Page 291 Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest MBS 07/01/2023 07/01/2023 31418DBG6 FN MA3638 4.00% 04/01/2049 0.00 38.07 0.00 MBS 07/01/2023 07/01/2023 31418CU77 FN MA3305 3.50% 03/01/2048 0.00 114.02 0.00 MBS 07/01/2023 07/01/2023 31418D7E6 FN MA4492 2.00% 12/01/2051 0.00 252.04 0.00 MBS 07/01/2023 07/01/2023 31418EB82 FN MA4562 2.00% 03/01/2052 0.00 101.54 0.00 MBS 07/01/2023 07/01/2023 31418DJR4 FN MA3871 3.00% 12/01/2049 0.00 57.41 0.00 MBS 07/01/2023 07/01/2023 3128MJYU8 FH G08722 3.50% 09/01/2046 0.00 224.14 0.00 MBS 07/01/2023 07/01/2023 3140XF4G3 FN FS0822 2.00% 03/01/2052 0.00 61.49 0.00 MBS 07/01/2023 07/01/2023 3140QL6V3 FN CB1783 2.50% 10/01/2051 0.00 138.90 0.00 MBS 07/01/2023 07/01/2023 3133A0DW1 FH QA5517 3.00% 12/01/2049 0.00 73.51 0.00 MBS 07/01/2023 07/01/2023 3140KESQ2 FN BP6826 2.50% 05/01/2050 0.00 107.41 0.00 MBS 07/01/2023 07/01/2023 3140QPK89 FN CB3918 4.50% 06/01/2052 0.00 86.04 0.00 MBS 07/01/2023 07/01/2023 3140QFS42 FN CA7738 2.50% 11/01/2050 0.00 155.00 0.00 MBS 07/01/2023 07/01/2023 31418CHG2 FN MA2930 4.00% 03/01/2047 0.00 140.98 0.00 MBS 07/01/2023 07/01/2023 3128MC3L7 FH G14203 4.00% 04/01/2026 0.00 10.92 0.00 MBS 07/01/2023 07/01/2023 31418CUA0 FN MA3276 3.50% 02/01/2048 0.00 61.76 0.00 MBS 07/01/2023 07/01/2023 3133KYUU1 FH RB5095 2.00% 12/01/2040 0.00 142.46 0.00 MBS 07/01/2023 07/01/2023 3132DPCV8 FH SD1884 5.00% 11/01/2052 0.00 59.71 0.00 MBS 07/01/2023 07/01/2023 31418D3Y6 FN MA4414 2.50% 09/01/2051 0.00 532.54 0.00 MBS 07/01/2023 07/01/2023 31418DMJ8 FN MA3960 3.00% 03/01/2050 0.00 61.67 0.00 MBS 07/01/2023 07/01/2023 31418D6M9 FN MA4475 2.50% 11/01/2041 0.00 178.75 0.00 MBS 08/01/2023 08/01/2023 3133KLAT4 FH RA4518 3.50% 02/01/2051 0.00 166.19 0.00 MBS 08/01/2023 08/01/2023 3133KQK47 FH RA8415 5.50% 01/01/2053 0.00 503.01 0.00 MBS 08/01/2023 08/01/2023 3133KGP44 FH RA1343 3.00% 09/01/2049 0.00 92.03 0.00 MBS 08/01/2023 08/01/2023 3138WJM96 FN AS8483 3.00% 12/01/2046 0.00 80.74 0.00 MBS 08/01/2023 08/01/2023 31418EQ86 FN MA4978 5.00% 04/01/2053 0.00 244.28 0.00 MBS 08/01/2023 08/01/2023 3138EKRA5 FN AL3180 3.00% 01/01/2043 0.00 215.94 0.00 MBS 08/01/2023 08/01/2023 3132DWA60 FH SD8129 2.50% 02/01/2051 0.00 82.09 0.00 MBS 08/01/2023 08/01/2023 3138ASR38 FN AJ1405 4.00% 09/01/2041 0.00 484.39 0.00 MBS 08/01/2023 08/01/2023 3140F9WP6 FN BD2453 3.00% 01/01/2047 0.00 143.54 0.00 MBS 08/01/2023 08/01/2023 31418D3G5 FN MA4398 2.00% 08/01/2051 0.00 241.09 0.00 MBS 08/01/2023 08/01/2023 3128MFE46 FH G16255 2.50% 07/01/2032 0.00 110.79 0.00 MBS 08/01/2023 08/01/2023 31418D2R2 FN MA4383 2.00% 07/01/2036 0.00 146.61 0.00 MBS 08/01/2023 08/01/2023 3138WPSN5 FN AT2324 3.00% 05/01/2043 0.00 231.65 0.00 MBS 08/01/2023 08/01/2023 31307LNS3 FH J30401 3.00% 01/01/2030 0.00 114.07 0.00 MBS 08/01/2023 08/01/2023 3140KY2A1 FN BR1668 2.00% 03/01/2051 0.00 335.13 0.00 MBS 08/01/2023 08/01/2023 31418DHL9 FN MA3834 3.00% 11/01/2049 0.00 52.65 0.00 MBS 08/01/2023 08/01/2023 31335CC69 FH G61893 3.00% 07/01/2047 0.00 111.89 0.00 MBS 08/01/2023 08/01/2023 3133ANV43 FH QC4235 2.50% 07/01/2051 0.00 497.84 0.00 MBS 08/01/2023 08/01/2023 3132L5B28 FH V80057 3.00% 05/01/2043 0.00 338.53 0.00 MBS 08/01/2023 08/01/2023 31416BXA1 FN 995373 4.50% 02/01/2039 0.00 216.64 0.00 MBS 08/01/2023 08/01/2023 3128P7MT7 FH C91270 4.50% 10/01/2029 0.00 166.13 0.00 MBS 08/01/2023 08/01/2023 3133BKTX7 FH QE9566 5.00% 09/01/2052 0.00 155.02 0.00 MBS 08/01/2023 08/01/2023 3132D6NU0 FH SB8503 2.00% 08/01/2035 0.00 127.48 0.00 MBS 08/01/2023 08/01/2023 31418DBG6 FN MA3638 4.00% 04/01/2049 0.00 37.77 0.00 MBS 08/01/2023 08/01/2023 31418CU77 FN MA3305 3.50% 03/01/2048 0.00 112.62 0.00 MBS 08/01/2023 08/01/2023 31418D7E6 FN MA4492 2.00% 12/01/2051 0.00 250.75 0.00 MBS 08/01/2023 08/01/2023 31418EB82 FN MA4562 2.00% 03/01/2052 0.00 101.07 0.00 MBS 08/01/2023 08/01/2023 31418DJR4 FN MA3871 3.00% 12/01/2049 0.00 56.90 0.00 MBS 08/01/2023 08/01/2023 3128MJYU8 FH G08722 3.50% 09/01/2046 0.00 222.80 0.00 MBS 08/01/2023 08/01/2023 3140XF4G3 FN FS0822 2.00% 03/01/2052 0.00 61.02 0.00 Transaction Summary CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 13 Page 292 Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest MBS 08/01/2023 08/01/2023 3140QL6V3 FN CB1783 2.50% 10/01/2051 0.00 137.77 0.00 MBS 08/01/2023 08/01/2023 3133A0DW1 FH QA5517 3.00% 12/01/2049 0.00 72.93 0.00 MBS 08/01/2023 08/01/2023 3140KESQ2 FN BP6826 2.50% 05/01/2050 0.00 107.12 0.00 MBS 08/01/2023 08/01/2023 3140QPK89 FN CB3918 4.50% 06/01/2052 0.00 84.39 0.00 MBS 08/01/2023 08/01/2023 3140QFS42 FN CA7738 2.50% 11/01/2050 0.00 153.98 0.00 MBS 08/01/2023 08/01/2023 31418CHG2 FN MA2930 4.00% 03/01/2047 0.00 139.81 0.00 MBS 08/01/2023 08/01/2023 3128MC3L7 FH G14203 4.00% 04/01/2026 0.00 10.35 0.00 MBS 08/01/2023 08/01/2023 31418CUA0 FN MA3276 3.50% 02/01/2048 0.00 61.17 0.00 MBS 08/01/2023 08/01/2023 3133KYUU1 FH RB5095 2.00% 12/01/2040 0.00 141.26 0.00 MBS 08/01/2023 08/01/2023 3132DPCV8 FH SD1884 5.00% 11/01/2052 0.00 59.20 0.00 MBS 08/01/2023 08/01/2023 31418D3Y6 FN MA4414 2.50% 09/01/2051 0.00 528.77 0.00 MBS 08/01/2023 08/01/2023 31418DMJ8 FN MA3960 3.00% 03/01/2050 0.00 61.18 0.00 MBS 08/01/2023 08/01/2023 31418D6M9 FN MA4475 2.50% 11/01/2041 0.00 176.86 0.00 MBS 09/01/2023 09/01/2023 3133KLAT4 FH RA4518 3.50% 02/01/2051 0.00 165.25 0.00 MBS 09/01/2023 09/01/2023 3133KQK47 FH RA8415 5.50% 01/01/2053 0.00 500.31 0.00 MBS 09/01/2023 09/01/2023 3133KGP44 FH RA1343 3.00% 09/01/2049 0.00 91.05 0.00 MBS 09/01/2023 09/01/2023 3138WJM96 FN AS8483 3.00% 12/01/2046 0.00 80.19 0.00 MBS 09/01/2023 09/01/2023 31418EQ86 FN MA4978 5.00% 04/01/2053 0.00 243.04 0.00 MBS 09/01/2023 09/01/2023 3138EKRA5 FN AL3180 3.00% 01/01/2043 0.00 213.10 0.00 MBS 09/01/2023 09/01/2023 3132DWA60 FH SD8129 2.50% 02/01/2051 0.00 81.55 0.00 MBS 09/01/2023 09/01/2023 3138ASR38 FN AJ1405 4.00% 09/01/2041 0.00 478.69 0.00 MBS 09/01/2023 09/01/2023 3140F9WP6 FN BD2453 3.00% 01/01/2047 0.00 141.79 0.00 MBS 09/01/2023 09/01/2023 31418D3G5 FN MA4398 2.00% 08/01/2051 0.00 239.58 0.00 MBS 09/01/2023 09/01/2023 3128MFE46 FH G16255 2.50% 07/01/2032 0.00 109.65 0.00 MBS 09/01/2023 09/01/2023 31418D2R2 FN MA4383 2.00% 07/01/2036 0.00 145.17 0.00 MBS 09/01/2023 09/01/2023 3138WPSN5 FN AT2324 3.00% 05/01/2043 0.00 226.15 0.00 MBS 09/01/2023 09/01/2023 31307LNS3 FH J30401 3.00% 01/01/2030 0.00 111.87 0.00 MBS 09/01/2023 09/01/2023 3140KY2A1 FN BR1668 2.00% 03/01/2051 0.00 332.78 0.00 MBS 09/01/2023 09/01/2023 31418DHL9 FN MA3834 3.00% 11/01/2049 0.00 52.28 0.00 MBS 09/01/2023 09/01/2023 31335CC69 FH G61893 3.00% 07/01/2047 0.00 111.14 0.00 MBS 09/01/2023 09/01/2023 3133ANV43 FH QC4235 2.50% 07/01/2051 0.00 491.88 0.00 MBS 09/01/2023 09/01/2023 3132L5B28 FH V80057 3.00% 05/01/2043 0.00 334.01 0.00 MBS 09/01/2023 09/01/2023 31416BXA1 FN 995373 4.50% 02/01/2039 0.00 212.60 0.00 MBS 09/01/2023 09/01/2023 3128P7MT7 FH C91270 4.50% 10/01/2029 0.00 163.74 0.00 MBS 09/01/2023 09/01/2023 3133BKTX7 FH QE9566 5.00% 09/01/2052 0.00 154.38 0.00 MBS 09/01/2023 09/01/2023 3132D6NU0 FH SB8503 2.00% 08/01/2035 0.00 125.91 0.00 MBS 09/01/2023 09/01/2023 31418DBG6 FN MA3638 4.00% 04/01/2049 0.00 37.41 0.00 MBS 09/01/2023 09/01/2023 31418CU77 FN MA3305 3.50% 03/01/2048 0.00 111.73 0.00 MBS 09/01/2023 09/01/2023 31418D7E6 FN MA4492 2.00% 12/01/2051 0.00 249.45 0.00 MBS 09/01/2023 09/01/2023 31418EB82 FN MA4562 2.00% 03/01/2052 0.00 100.60 0.00 MBS 09/01/2023 09/01/2023 31418DJR4 FN MA3871 3.00% 12/01/2049 0.00 56.52 0.00 MBS 09/01/2023 09/01/2023 3128MJYU8 FH G08722 3.50% 09/01/2046 0.00 219.79 0.00 MBS 09/01/2023 09/01/2023 3140XF4G3 FN FS0822 2.00% 03/01/2052 0.00 60.46 0.00 MBS 09/01/2023 09/01/2023 3140QL6V3 FN CB1783 2.50% 10/01/2051 0.00 136.73 0.00 MBS 09/01/2023 09/01/2023 3133A0DW1 FH QA5517 3.00% 12/01/2049 0.00 72.39 0.00 MBS 09/01/2023 09/01/2023 3140KESQ2 FN BP6826 2.50% 05/01/2050 0.00 106.83 0.00 MBS 09/01/2023 09/01/2023 3140QPK89 FN CB3918 4.50% 06/01/2052 0.00 84.24 0.00 MBS 09/01/2023 09/01/2023 3140QFS42 FN CA7738 2.50% 11/01/2050 0.00 153.16 0.00 MBS 09/01/2023 09/01/2023 31418CHG2 FN MA2930 4.00% 03/01/2047 0.00 138.67 0.00 MBS 09/01/2023 09/01/2023 3128MC3L7 FH G14203 4.00% 04/01/2026 0.00 9.91 0.00 Transaction Summary CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 14 Page 293 Buy Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest MBS 09/01/2023 09/01/2023 31418CUA0 FN MA3276 3.50% 02/01/2048 0.00 60.77 0.00 MBS 09/01/2023 09/01/2023 3133KYUU1 FH RB5095 2.00% 12/01/2040 0.00 140.18 0.00 MBS 09/01/2023 09/01/2023 3132DPCV8 FH SD1884 5.00% 11/01/2052 0.00 58.09 0.00 MBS 09/01/2023 09/01/2023 31418D3Y6 FN MA4414 2.50% 09/01/2051 0.00 525.37 0.00 MBS 09/01/2023 09/01/2023 31418DMJ8 FN MA3960 3.00% 03/01/2050 0.00 60.74 0.00 MBS 09/01/2023 09/01/2023 31418D6M9 FN MA4475 2.50% 11/01/2041 0.00 175.49 0.00 U.S. Treasuries 07/15/2023 07/15/2023 912828ZY9 UNITED STATES TREASURY 0.13% 07/15/2023 0.00 12.50 0.00 U.S. Treasuries 07/31/2023 07/31/2023 91282CGJ4 UNITED STATES TREASURY 3.50% 01/31/2030 0.00 700.00 0.00 U.S. Treasuries 07/31/2023 07/31/2023 91282CAD3 UNITED STATES TREASURY 0.38% 07/31/2027 0.00 93.75 0.00 U.S. Treasuries 07/31/2023 07/31/2023 91282CDV0 UNITED STATES TREASURY 0.88% 01/31/2024 0.00 240.63 0.00 U.S. Treasuries 07/31/2023 07/31/2023 91282CAB7 UNITED STATES TREASURY 0.25% 07/31/2025 0.00 150.00 0.00 U.S. Treasuries 08/15/2023 08/15/2023 912810TN8 UNITED STATES TREASURY 3.63% 02/15/2053 0.00 181.25 0.00 U.S. Treasuries 08/15/2023 08/15/2023 912810QK7 UNITED STATES TREASURY 3.88% 08/15/2040 0.00 1,646.88 0.00 U.S. Treasuries 08/15/2023 08/15/2023 912810SZ2 UNITED STATES TREASURY 2.00% 08/15/2051 0.00 500.00 0.00 U.S. Treasuries 08/15/2023 08/15/2023 91282CDY4 UNITED STATES TREASURY 1.88% 02/15/2032 0.00 328.13 0.00 U.S. Treasuries 08/15/2023 08/15/2023 912810QX9 UNITED STATES TREASURY 2.75% 08/15/2042 0.00 343.75 0.00 U.S. Treasuries 08/15/2023 08/15/2023 9128286B1 UNITED STATES TREASURY 2.63% 02/15/2029 0.00 262.50 0.00 U.S. Treasuries 08/15/2023 08/15/2023 912810TK4 UNITED STATES TREASURY 3.38% 08/15/2042 0.00 168.75 0.00 U.S. Treasuries 08/15/2023 08/15/2023 912810QZ4 UNITED STATES TREASURY 3.13% 02/15/2043 0.00 390.63 0.00 U.S. Treasuries 08/15/2023 08/15/2023 912810TJ7 UNITED STATES TREASURY 3.00% 08/15/2052 0.00 600.00 0.00 U.S. Treasuries 08/15/2023 08/15/2023 91282CAE1 UNITED STATES TREASURY 0.63% 08/15/2030 0.00 218.75 0.00 U.S. Treasuries 08/15/2023 08/15/2023 91282CFF3 UNITED STATES TREASURY 2.75% 08/15/2032 0.00 893.75 0.00 U.S. Treasuries 08/15/2023 08/15/2023 91282CBL4 UNITED STATES TREASURY 1.13% 02/15/2031 0.00 787.50 0.00 U.S. Treasuries 08/15/2023 08/15/2023 912810TQ1 UNITED STATES TREASURY 3.88% 02/15/2043 0.00 387.50 0.00 U.S. Treasuries 08/15/2023 08/15/2023 912810TD0 UNITED STATES TREASURY 2.25% 02/15/2052 0.00 225.00 0.00 U.S. Treasuries 08/15/2023 08/15/2023 91282CGL9 UNITED STATES TREASURY 4.00% 02/15/2026 0.00 1,500.00 0.00 U.S. Treasuries 08/31/2023 08/31/2023 91282CGP0 UNITED STATES TREASURY 4.00% 02/29/2028 0.00 3,600.00 0.00 U.S. Treasuries 09/30/2023 09/30/2023 91282CGT2 UNITED STATES TREASURY 3.63% 03/31/2028 0.00 3,625.00 0.00 U.S. Treasuries 09/30/2023 09/30/2023 9128285C0 UNITED STATES TREASURY 3.00% 09/30/2025 0.00 1,725.00 0.00 ---------------0.00 66,861.06 0.00 Transaction Summary CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 15 Page 294 Open-End Fund Payment Sell Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest Alternative Beta 07/03/2023 07/05/2023 09260C307 BLACKROCK:SYS MLTI STR I 4,485.51 43,240.35 0.00 Alternative Beta 08/03/2023 08/07/2023 45409B107 INDEXIQ:HDG MLT-STR TRCK 10,780.00 325,553.84 0.00 Alternative Beta 08/04/2023 08/07/2023 09260C307 BLACKROCK:SYS MLTI STR I 33,382.34 325,143.98 0.00 Developed International Equity 09/27/2023 09/29/2023 46432F842 ISHARES:CORE MSCI EAFE 672.00 42,823.87 0.00 Emerging Market Equity 09/27/2023 09/29/2023 46434G103 ISHARES:CORE MSCI EMMKTS 243.00 11,487.80 0.00 Infrastructure 09/27/2023 09/29/2023 33939L795 FLEXSHS:STOXX GL BRD INF 1,018.00 49,216.23 0.00 REITs 09/27/2023 09/29/2023 46641Q738 JPMORGAN:BB MSCI US REIT 238.00 18,241.75 0.00 REITs 09/27/2023 09/29/2023 69374H766 PACER INDUSTRIAL RE 395.00 13,740.31 0.00 U.S. High Yield Fixed Income 07/03/2023 07/05/2023 922031760 VANGUARD HY CORP ADM 12,497.53 65,237.09 0.00 U.S. Large Cap Equity 09/27/2023 09/29/2023 78462F103 SPDR S&P 500 ETF 99.00 41,918.18 0.00 U.S. Mid Cap Equity 09/27/2023 09/29/2023 46137V472 INVESCO S&P MIDCAP QLTY 7,898.00 627,938.39 0.00 U.S. Small Cap Equity 09/27/2023 09/29/2023 464287804 ISHARES:CORE S&P SM-CP 529.00 49,427.64 0.00 U.S. Treasuries 07/13/2023 07/14/2023 912810TS7 UNITED STATES TREASURY 3.88% 05/15/2043 40,000.00 38,876.56 252.72 U.S. Treasuries 09/21/2023 09/22/2023 91282CHT1 UNITED STATES TREASURY 3.88% 08/15/2033 20,000.00 19,052.34 80.03 U.S. Treasuries 09/21/2023 09/22/2023 912810TT5 UNITED STATES TREASURY 4.13% 08/15/2053 12,000.00 11,171.25 51.11 U.S. Treasuries 09/27/2023 09/28/2023 91282CHX2 UNITED STATES TREASURY 4.38% 08/31/2028 50,000.00 49,267.58 168.27 ---------------194,237.38 1,732,337.16 552.13 Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest Alternative Beta 07/20/2023 07/20/2023 09260C307 BLACKROCK:SYS MLTI STR I 0.00 2,199.42 0.00 U.S. High Yield Fixed Income 07/31/2023 07/31/2023 922031760 VANGUARD HY CORP ADM 0.00 6,558.52 0.00 U.S. High Yield Fixed Income 08/31/2023 08/31/2023 922031760 VANGUARD HY CORP ADM 0.00 6,638.58 0.00 U.S. High Yield Fixed Income 09/29/2023 09/29/2023 922031760 VANGUARD HY CORP ADM 0.00 6,618.50 0.00 ---------------0.00 22,015.02 0.00 Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest Alternative Beta 08/03/2023 08/07/2023 53656F847 CORE ALTERNATIVE 11,573.00 324,666.34 0.00 Alternative Beta 09/27/2023 09/29/2023 45409B107 INDEXIQ:HDG MLT-STR TRCK 991.00 29,674.26 0.00 Alternative Beta 09/27/2023 09/29/2023 53656F847 CORE ALTERNATIVE 1,124.00 31,386.33 0.00 Alternative Beta 09/28/2023 09/29/2023 09260C307 BLACKROCK:SYS MLTI STR I 8,964.74 88,392.34 0.00 TIPS 08/03/2023 08/07/2023 922020805 VANGUARD ST IPSI ETF 10,207.00 481,399.10 0.00 U.S. High Yield Fixed Income 09/28/2023 09/29/2023 922031760 VANGUARD HY CORP ADM 5,495.71 28,193.00 0.00 U.S. Mid Cap Equity 09/27/2023 09/29/2023 464287507 ISHARES:CORE S&P MD-CP 2,202.00 542,097.89 0.00 U.S. Small Cap Equity 09/27/2023 09/29/2023 69374H857 PACER US SC CSH CWS 100 238.00 9,769.65 0.00 U.S. Treasuries 07/13/2023 07/14/2023 91282CAE1 UNITED STATES TREASURY 0.63% 08/15/2030 40,000.00 32,126.56 102.90 U.S. Treasuries 08/03/2023 08/04/2023 912810TS7 UNITED STATES TREASURY 3.88% 05/15/2043 20,000.00 18,399.22 170.58 U.S. Treasuries 08/03/2023 08/04/2023 91282CAP6 UNITED STATES TREASURY 0.13% 10/15/2023 90,000.00 89,078.91 34.12 U.S. Treasuries 09/21/2023 09/22/2023 912810TQ1 UNITED STATES TREASURY 3.88% 02/15/2043 20,000.00 17,787.50 80.03 ---------------210,795.45 1,692,971.10 387.63 Transaction Summary CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 16 Page 295 Equity Dividend Money Market Funds Custody Fee Maturity Corporate Action Sell Principal Paydown Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest Alternative Beta 09/20/2023 09/22/2023 53656F847 CORE ALTERNATIVE 0.00 2,356.68 0.00 Infrastructure 09/15/2023 09/21/2023 33939L795 FLEXSHS:STOXX GL BRD INF 0.00 9,894.00 0.00 REITs 09/19/2023 09/22/2023 46641Q738 JPMORGAN:BB MSCI US REIT 0.00 3,749.85 0.00 REITs 09/21/2023 09/27/2023 69374H766 PACER INDUSTRIAL RE 0.00 5,780.56 0.00 TIPS 07/03/2023 07/07/2023 922020805 VANGUARD ST IPSI ETF 0.00 3,563.26 0.00 U.S. Large Cap Equity 09/15/2023 10/31/2023 78462F103 SPDR S&P 500 ETF 0.00 25,382.95 0.00 U.S. Mid Cap Equity 09/26/2023 10/02/2023 464287507 ISHARES:CORE S&P MD-CP 0.00 14,061.64 0.00 U.S. Small Cap Equity 09/21/2023 09/27/2023 69374H857 PACER US SC CSH CWS 100 0.00 1,196.84 0.00 U.S. Small Cap Equity 09/26/2023 10/02/2023 464287804 ISHARES:CORE S&P SM-CP 0.00 5,931.28 0.00 ---------------0.00 71,917.06 0.00 Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest Cash 07/31/2023 07/31/2023 94975P405 ALLSPRING:GOVT MM I 0.00 2,447.12 0.00 Cash 08/31/2023 08/31/2023 94975P405 ALLSPRING:GOVT MM I 0.00 3,926.00 0.00 Cash 09/29/2023 09/29/2023 94975P405 ALLSPRING:GOVT MM I 0.00 4,454.91 0.00 ---------94975P405 ---0.00 10,828.03 0.00 Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest Cash 08/02/2023 08/02/2023 CCYUSD US DOLLAR 0.00 501.72 0.00 Cash 08/21/2023 08/21/2023 CCYUSD US DOLLAR 0.00 594.68 0.00 Cash 09/20/2023 09/20/2023 CCYUSD US DOLLAR 0.00 451.75 0.00 ---------CCYUSD ---0.00 1,548.15 0.00 Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest Corporate Bonds 08/16/2023 08/16/2023 06406FAD5 BANK OF NEW YORK MELLON CORP 2.20% 08/16/2023 100,000.00 100,000.00 0.00 U.S. Treasuries 07/15/2023 07/15/2023 912828ZY9 UNITED STATES TREASURY 0.13% 07/15/2023 20,000.00 20,000.00 0.00 ---------------120,000.00 120,000.00 0.00 Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest Corporate Bonds 09/21/2023 09/21/2023 15135UAP4 CENOVUS ENERGY INC 5.25% 06/15/2037 43,000.00 39,655.03 595.73 ---09/21/2023 09/21/2023 15135UAP4 ---43,000.00 39,655.03 595.73 Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest MBS 07/01/2023 07/01/2023 3133KLAT4 FH RA4518 3.50% 02/01/2051 104.66 104.66 0.00 MBS 07/01/2023 07/01/2023 3133KQK47 FH RA8415 5.50% 01/01/2053 718.30 718.29 0.00 MBS 07/01/2023 07/01/2023 3133KGP44 FH RA1343 3.00% 09/01/2049 310.35 310.35 0.00 Transaction Summary CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 17 Page 296 Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest MBS 07/01/2023 07/01/2023 3138WJM96 FN AS8483 3.00% 12/01/2046 293.48 293.48 0.00 MBS 07/01/2023 07/01/2023 31418EQ86 FN MA4978 5.00% 04/01/2053 414.96 414.96 0.00 MBS 07/01/2023 07/01/2023 3138EKRA5 FN AL3180 3.00% 01/01/2043 2,088.65 2,088.65 0.00 MBS 07/01/2023 07/01/2023 3132DWA60 FH SD8129 2.50% 02/01/2051 276.98 276.98 0.00 MBS 07/01/2023 07/01/2023 3138ASR38 FN AJ1405 4.00% 09/01/2041 1,760.68 1,760.69 0.00 MBS 07/01/2023 07/01/2023 3140F9WP6 FN BD2453 3.00% 01/01/2047 447.54 447.54 0.00 MBS 07/01/2023 07/01/2023 31418D3G5 FN MA4398 2.00% 08/01/2051 945.98 945.98 0.00 MBS 07/01/2023 07/01/2023 3128MFE46 FH G16255 2.50% 07/01/2032 1,255.13 1,255.13 0.00 MBS 07/01/2023 07/01/2023 31418D2R2 FN MA4383 2.00% 07/01/2036 1,016.23 1,016.23 0.00 MBS 07/01/2023 07/01/2023 3138WPSN5 FN AT2324 3.00% 05/01/2043 344.80 344.80 0.00 MBS 07/01/2023 07/01/2023 31307LNS3 FH J30401 3.00% 01/01/2030 940.01 940.01 0.00 MBS 07/01/2023 07/01/2023 3140KY2A1 FN BR1668 2.00% 03/01/2051 3,044.87 3,044.87 0.00 MBS 07/01/2023 07/01/2023 31418DHL9 FN MA3834 3.00% 11/01/2049 211.82 211.82 0.00 MBS 07/01/2023 07/01/2023 31335CC69 FH G61893 3.00% 07/01/2047 323.02 323.02 0.00 MBS 07/01/2023 07/01/2023 3133ANV43 FH QC4235 2.50% 07/01/2051 459.73 459.73 0.00 MBS 07/01/2023 07/01/2023 3132L5B28 FH V80057 3.00% 05/01/2043 3,405.01 3,405.02 0.00 MBS 07/01/2023 07/01/2023 31416BXA1 FN 995373 4.50% 02/01/2039 830.24 830.24 0.00 MBS 07/01/2023 07/01/2023 3128P7MT7 FH C91270 4.50% 10/01/2029 844.84 844.84 0.00 MBS 07/01/2023 07/01/2023 3133BKTX7 FH QE9566 5.00% 09/01/2052 334.95 334.95 0.00 MBS 07/01/2023 07/01/2023 3132D6NU0 FH SB8503 2.00% 08/01/2035 1,029.62 1,029.62 0.00 MBS 07/01/2023 07/01/2023 31418DBG6 FN MA3638 4.00% 04/01/2049 91.95 91.95 0.00 MBS 07/01/2023 07/01/2023 31418CU77 FN MA3305 3.50% 03/01/2048 479.55 479.55 0.00 MBS 07/01/2023 07/01/2023 31418D7E6 FN MA4492 2.00% 12/01/2051 771.97 771.97 0.00 MBS 07/01/2023 07/01/2023 31418EB82 FN MA4562 2.00% 03/01/2052 279.47 279.47 0.00 MBS 07/01/2023 07/01/2023 31418DJR4 FN MA3871 3.00% 12/01/2049 204.12 204.12 0.00 MBS 07/01/2023 07/01/2023 3128MJYU8 FH G08722 3.50% 09/01/2046 460.13 460.13 0.00 MBS 07/01/2023 07/01/2023 3140XF4G3 FN FS0822 2.00% 03/01/2052 284.76 284.76 0.00 MBS 07/01/2023 07/01/2023 3140QL6V3 FN CB1783 2.50% 10/01/2051 541.49 541.49 0.00 MBS 07/01/2023 07/01/2023 3133A0DW1 FH QA5517 3.00% 12/01/2049 233.32 233.32 0.00 MBS 07/01/2023 07/01/2023 3140KESQ2 FN BP6826 2.50% 05/01/2050 136.85 136.85 0.00 MBS 07/01/2023 07/01/2023 3140QPK89 FN CB3918 4.50% 06/01/2052 438.40 438.40 0.00 MBS 07/01/2023 07/01/2023 3140QFS42 FN CA7738 2.50% 11/01/2050 488.98 488.98 0.00 MBS 07/01/2023 07/01/2023 31418CHG2 FN MA2930 4.00% 03/01/2047 351.62 351.62 0.00 MBS 07/01/2023 07/01/2023 3128MC3L7 FH G14203 4.00% 04/01/2026 169.33 169.33 0.00 MBS 07/01/2023 07/01/2023 31418CUA0 FN MA3276 3.50% 02/01/2048 199.68 199.68 0.00 MBS 07/01/2023 07/01/2023 3133KYUU1 FH RB5095 2.00% 12/01/2040 718.78 718.78 0.00 MBS 07/01/2023 07/01/2023 3132DPCV8 FH SD1884 5.00% 11/01/2052 121.90 121.90 0.00 MBS 07/01/2023 07/01/2023 31418D3Y6 FN MA4414 2.50% 09/01/2051 1,810.31 1,810.31 0.00 MBS 07/01/2023 07/01/2023 31418DMJ8 FN MA3960 3.00% 03/01/2050 196.01 196.01 0.00 MBS 07/01/2023 07/01/2023 31418D6M9 FN MA4475 2.50% 11/01/2041 907.12 907.12 0.00 MBS 08/01/2023 08/01/2023 3133KLAT4 FH RA4518 3.50% 02/01/2051 322.75 322.75 0.00 MBS 08/01/2023 08/01/2023 3133KQK47 FH RA8415 5.50% 01/01/2053 588.91 588.91 0.00 MBS 08/01/2023 08/01/2023 3133KGP44 FH RA1343 3.00% 09/01/2049 392.52 392.52 0.00 MBS 08/01/2023 08/01/2023 3138WJM96 FN AS8483 3.00% 12/01/2046 220.38 220.38 0.00 MBS 08/01/2023 08/01/2023 31418EQ86 FN MA4978 5.00% 04/01/2053 297.55 297.55 0.00 MBS 08/01/2023 08/01/2023 3138EKRA5 FN AL3180 3.00% 01/01/2043 1,136.09 1,136.09 0.00 MBS 08/01/2023 08/01/2023 3132DWA60 FH SD8129 2.50% 02/01/2051 258.86 258.86 0.00 MBS 08/01/2023 08/01/2023 3138ASR38 FN AJ1405 4.00% 09/01/2041 1,709.92 1,709.93 0.00 MBS 08/01/2023 08/01/2023 3140F9WP6 FN BD2453 3.00% 01/01/2047 699.14 699.14 0.00 MBS 08/01/2023 08/01/2023 31418D3G5 FN MA4398 2.00% 08/01/2051 905.54 905.54 0.00 Transaction Summary CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 18 Page 297 Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest MBS 08/01/2023 08/01/2023 3128MFE46 FH G16255 2.50% 07/01/2032 543.29 543.29 0.00 MBS 08/01/2023 08/01/2023 31418D2R2 FN MA4383 2.00% 07/01/2036 867.69 867.69 0.00 MBS 08/01/2023 08/01/2023 3138WPSN5 FN AT2324 3.00% 05/01/2043 2,202.22 2,202.22 0.00 MBS 08/01/2023 08/01/2023 31307LNS3 FH J30401 3.00% 01/01/2030 882.70 882.70 0.00 MBS 08/01/2023 08/01/2023 3140KY2A1 FN BR1668 2.00% 03/01/2051 1,410.69 1,410.69 0.00 MBS 08/01/2023 08/01/2023 31418DHL9 FN MA3834 3.00% 11/01/2049 148.16 148.16 0.00 MBS 08/01/2023 08/01/2023 31335CC69 FH G61893 3.00% 07/01/2047 300.72 300.72 0.00 MBS 08/01/2023 08/01/2023 3133ANV43 FH QC4235 2.50% 07/01/2051 2,861.84 2,861.84 0.00 MBS 08/01/2023 08/01/2023 3132L5B28 FH V80057 3.00% 05/01/2043 1,809.63 1,809.63 0.00 MBS 08/01/2023 08/01/2023 31416BXA1 FN 995373 4.50% 02/01/2039 1,076.72 1,076.72 0.00 MBS 08/01/2023 08/01/2023 3128P7MT7 FH C91270 4.50% 10/01/2029 637.46 637.46 0.00 MBS 08/01/2023 08/01/2023 3133BKTX7 FH QE9566 5.00% 09/01/2052 153.97 153.97 0.00 MBS 08/01/2023 08/01/2023 3132D6NU0 FH SB8503 2.00% 08/01/2035 940.90 940.91 0.00 MBS 08/01/2023 08/01/2023 31418DBG6 FN MA3638 4.00% 04/01/2049 107.00 107.00 0.00 MBS 08/01/2023 08/01/2023 31418CU77 FN MA3305 3.50% 03/01/2048 305.09 305.09 0.00 MBS 08/01/2023 08/01/2023 31418D7E6 FN MA4492 2.00% 12/01/2051 777.62 777.62 0.00 MBS 08/01/2023 08/01/2023 31418EB82 FN MA4562 2.00% 03/01/2052 283.00 283.00 0.00 MBS 08/01/2023 08/01/2023 31418DJR4 FN MA3871 3.00% 12/01/2049 149.57 149.57 0.00 MBS 08/01/2023 08/01/2023 3128MJYU8 FH G08722 3.50% 09/01/2046 1,031.79 1,031.79 0.00 MBS 08/01/2023 08/01/2023 3140XF4G3 FN FS0822 2.00% 03/01/2052 336.41 336.41 0.00 MBS 08/01/2023 08/01/2023 3140QL6V3 FN CB1783 2.50% 10/01/2051 498.23 498.23 0.00 MBS 08/01/2023 08/01/2023 3133A0DW1 FH QA5517 3.00% 12/01/2049 212.26 212.26 0.00 MBS 08/01/2023 08/01/2023 3140KESQ2 FN BP6826 2.50% 05/01/2050 139.81 139.81 0.00 MBS 08/01/2023 08/01/2023 3140QPK89 FN CB3918 4.50% 06/01/2052 41.98 41.98 0.00 MBS 08/01/2023 08/01/2023 3140QFS42 FN CA7738 2.50% 11/01/2050 396.62 396.62 0.00 MBS 08/01/2023 08/01/2023 31418CHG2 FN MA2930 4.00% 03/01/2047 340.01 340.01 0.00 MBS 08/01/2023 08/01/2023 3128MC3L7 FH G14203 4.00% 04/01/2026 133.19 133.19 0.00 MBS 08/01/2023 08/01/2023 31418CUA0 FN MA3276 3.50% 02/01/2048 140.15 140.15 0.00 MBS 08/01/2023 08/01/2023 3133KYUU1 FH RB5095 2.00% 12/01/2040 651.74 651.74 0.00 MBS 08/01/2023 08/01/2023 3132DPCV8 FH SD1884 5.00% 11/01/2052 267.25 267.25 0.00 MBS 08/01/2023 08/01/2023 31418D3Y6 FN MA4414 2.50% 09/01/2051 1,631.89 1,631.89 0.00 MBS 08/01/2023 08/01/2023 31418DMJ8 FN MA3960 3.00% 03/01/2050 175.58 175.58 0.00 MBS 08/01/2023 08/01/2023 31418D6M9 FN MA4475 2.50% 11/01/2041 658.84 658.84 0.00 MBS 09/01/2023 09/01/2023 3133KLAT4 FH RA4518 3.50% 02/01/2051 1,065.20 1,065.20 0.00 MBS 09/01/2023 09/01/2023 3133KQK47 FH RA8415 5.50% 01/01/2053 1,082.71 1,082.71 0.00 MBS 09/01/2023 09/01/2023 3133KGP44 FH RA1343 3.00% 09/01/2049 346.58 346.58 0.00 MBS 09/01/2023 09/01/2023 3138WJM96 FN AS8483 3.00% 12/01/2046 259.13 259.13 0.00 MBS 09/01/2023 09/01/2023 31418EQ86 FN MA4978 5.00% 04/01/2053 367.27 367.27 0.00 MBS 09/01/2023 09/01/2023 3138EKRA5 FN AL3180 3.00% 01/01/2043 918.65 918.65 0.00 MBS 09/01/2023 09/01/2023 3132DWA60 FH SD8129 2.50% 02/01/2051 286.08 286.08 0.00 MBS 09/01/2023 09/01/2023 3138ASR38 FN AJ1405 4.00% 09/01/2041 1,835.51 1,835.51 0.00 MBS 09/01/2023 09/01/2023 3140F9WP6 FN BD2453 3.00% 01/01/2047 312.82 312.82 0.00 MBS 09/01/2023 09/01/2023 31418D3G5 FN MA4398 2.00% 08/01/2051 826.17 826.17 0.00 MBS 09/01/2023 09/01/2023 3128MFE46 FH G16255 2.50% 07/01/2032 946.84 946.84 0.00 MBS 09/01/2023 09/01/2023 31418D2R2 FN MA4383 2.00% 07/01/2036 897.39 897.39 0.00 MBS 09/01/2023 09/01/2023 3138WPSN5 FN AT2324 3.00% 05/01/2043 417.89 417.89 0.00 MBS 09/01/2023 09/01/2023 31307LNS3 FH J30401 3.00% 01/01/2030 872.35 872.35 0.00 MBS 09/01/2023 09/01/2023 3140KY2A1 FN BR1668 2.00% 03/01/2051 444.85 444.85 0.00 MBS 09/01/2023 09/01/2023 31418DHL9 FN MA3834 3.00% 11/01/2049 185.82 185.82 0.00 MBS 09/01/2023 09/01/2023 31335CC69 FH G61893 3.00% 07/01/2047 429.34 429.34 0.00 Transaction Summary CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 19 Page 298 Summary * Grouped by: Transaction Type. * Groups Sorted by: Sector. * Filtered By: Security Type Including Dividend ¹ "MMFUND". * Showing transactions with Trade Date within selected date range. * Weighted by: Absolute Value of Base Principal. * MMF transactions are expanded. * Sector = IF([APCM Sectors - Fixed Income (Transaction)]='Funds',[Manual Asset Class],[APCM Sectors - Fixed Income (Transaction)]). * Description = IF(Empty([Maturity])OR([Manual Asset Class]='Cash'), [Description], concat([Description],' ', TEXTNUMBER([Coupon],'0.00'),'% ',TEXTDATE([Maturity],'MM/dd/yyyy'))). * Quantity = ABS([Current Units (With Summary)]), Summary Calculation: Sum. * Trade Amount = ABS([Trade Amount]+[Accrued Interest]), Summary Calculation: Sum. * Accrued Interest = ABS([Accrued Interest (Original)]), Summary Calculation: Sum. * The Transaction Detail/Trading Activity reports provide our most up-to-date transactional details. As such, these reports are subject to change even after the other reports on the website have been locked down. While these reports can be useful tools in understanding recent activity, due to their dynamic nature we do not recommend using them for booking journal entries or reconciliation. Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest MBS 09/01/2023 09/01/2023 3133ANV43 FH QC4235 2.50% 07/01/2051 481.68 481.68 0.00 MBS 09/01/2023 09/01/2023 3132L5B28 FH V80057 3.00% 05/01/2043 1,258.36 1,258.36 0.00 MBS 09/01/2023 09/01/2023 31416BXA1 FN 995373 4.50% 02/01/2039 339.20 339.20 0.00 MBS 09/01/2023 09/01/2023 3128P7MT7 FH C91270 4.50% 10/01/2029 651.96 651.96 0.00 MBS 09/01/2023 09/01/2023 3133BKTX7 FH QE9566 5.00% 09/01/2052 309.28 309.28 0.00 MBS 09/01/2023 09/01/2023 3132D6NU0 FH SB8503 2.00% 08/01/2035 876.42 876.42 0.00 MBS 09/01/2023 09/01/2023 31418DBG6 FN MA3638 4.00% 04/01/2049 75.65 75.65 0.00 MBS 09/01/2023 09/01/2023 31418CU77 FN MA3305 3.50% 03/01/2048 315.38 315.38 0.00 MBS 09/01/2023 09/01/2023 31418D7E6 FN MA4492 2.00% 12/01/2051 755.90 755.90 0.00 MBS 09/01/2023 09/01/2023 31418EB82 FN MA4562 2.00% 03/01/2052 286.24 286.24 0.00 MBS 09/01/2023 09/01/2023 31418DJR4 FN MA3871 3.00% 12/01/2049 177.28 177.29 0.00 MBS 09/01/2023 09/01/2023 3128MJYU8 FH G08722 3.50% 09/01/2046 766.37 766.37 0.00 MBS 09/01/2023 09/01/2023 3140XF4G3 FN FS0822 2.00% 03/01/2052 294.37 294.37 0.00 MBS 09/01/2023 09/01/2023 3140QL6V3 FN CB1783 2.50% 10/01/2051 578.77 578.77 0.00 MBS 09/01/2023 09/01/2023 3133A0DW1 FH QA5517 3.00% 12/01/2049 260.88 260.89 0.00 MBS 09/01/2023 09/01/2023 3140KESQ2 FN BP6826 2.50% 05/01/2050 136.98 136.98 0.00 MBS 09/01/2023 09/01/2023 3140QPK89 FN CB3918 4.50% 06/01/2052 225.83 225.83 0.00 MBS 09/01/2023 09/01/2023 3140QFS42 FN CA7738 2.50% 11/01/2050 749.18 749.18 0.00 MBS 09/01/2023 09/01/2023 31418CHG2 FN MA2930 4.00% 03/01/2047 279.73 279.73 0.00 MBS 09/01/2023 09/01/2023 3128MC3L7 FH G14203 4.00% 04/01/2026 170.96 170.96 0.00 MBS 09/01/2023 09/01/2023 31418CUA0 FN MA3276 3.50% 02/01/2048 195.46 195.46 0.00 MBS 09/01/2023 09/01/2023 3133KYUU1 FH RB5095 2.00% 12/01/2040 643.07 643.07 0.00 MBS 09/01/2023 09/01/2023 3132DPCV8 FH SD1884 5.00% 11/01/2052 76.25 76.25 0.00 MBS 09/01/2023 09/01/2023 31418D3Y6 FN MA4414 2.50% 09/01/2051 1,979.63 1,979.63 0.00 MBS 09/01/2023 09/01/2023 31418DMJ8 FN MA3960 3.00% 03/01/2050 184.15 184.15 0.00 MBS 09/01/2023 09/01/2023 31418D6M9 FN MA4475 2.50% 11/01/2041 757.72 757.72 0.00 ---------------83,254.56 83,254.62 0.00 Sector Trade Date Settle Date CUSIP Description Quantity Trade Amount Accrued Interest ---------------651,287.39 3,841,387.23 1,535.49 Transaction Summary CITY OF KENAI PERMANENT FUNDS (350286) Base Currency: USD 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 20 Page 299 Date Quantity Identifier Description Book Value Principal Amount Net Realized Gain/Loss 07/13/2023 40,000.00 91282CAE1 UNITED STATES TREASURY 0.63% 08/15/2030 -36,974.27 32,126.56 -4,847.71 07/15/2023 20,000.00 912828ZY9 UNITED STATES TREASURY 0.13% 07/15/2023 -20,000.00 20,000.00 0.00 07/17/2023 844.84 3128P7MT7 FH C91270 4.50% 10/01/2029 -883.60 844.84 -38.76 07/17/2023 169.33 3128MC3L7 FH G14203 4.00% 04/01/2026 -172.72 169.33 -3.39 07/17/2023 3,405.01 3132L5B28 FH V80057 3.00% 05/01/2043 -3,413.55 3,405.02 -8.53 07/17/2023 460.13 3128MJYU8 FH G08722 3.50% 09/01/2046 -480.66 460.13 -20.53 07/17/2023 940.01 31307LNS3 FH J30401 3.00% 01/01/2030 -949.57 940.01 -9.56 07/17/2023 323.02 31335CC69 FH G61893 3.00% 07/01/2047 -329.52 323.02 -6.50 07/17/2023 1,255.13 3128MFE46 FH G16255 2.50% 07/01/2032 -1,251.47 1,255.13 3.66 07/25/2023 830.24 31416BXA1 FN 995373 4.50% 02/01/2039 -898.21 830.24 -67.97 07/25/2023 293.48 3138WJM96 FN AS8483 3.00% 12/01/2046 -308.80 293.48 -15.32 07/25/2023 447.54 3140F9WP6 FN BD2453 3.00% 01/01/2047 -447.11 447.54 0.43 07/25/2023 351.62 31418CHG2 FN MA2930 4.00% 03/01/2047 -383.41 351.62 -31.79 07/25/2023 199.68 31418CUA0 FN MA3276 3.50% 02/01/2048 -230.08 199.68 -30.40 07/25/2023 479.55 31418CU77 FN MA3305 3.50% 03/01/2048 -515.45 479.55 -35.90 07/25/2023 91.95 31418DBG6 FN MA3638 4.00% 04/01/2049 -101.66 91.95 -9.71 07/25/2023 310.35 3133KGP44 FH RA1343 3.00% 09/01/2049 -335.21 310.35 -24.86 07/25/2023 211.82 31418DHL9 FN MA3834 3.00% 11/01/2049 -222.58 211.82 -10.76 07/25/2023 204.12 31418DJR4 FN MA3871 3.00% 12/01/2049 -213.93 204.12 -9.81 07/25/2023 196.01 31418DMJ8 FN MA3960 3.00% 03/01/2050 -207.16 196.01 -11.15 07/25/2023 1,760.68 3138ASR38 FN AJ1405 4.00% 09/01/2041 -1,869.60 1,760.69 -108.91 07/25/2023 1,029.62 3132D6NU0 FH SB8503 2.00% 08/01/2035 -1,056.95 1,029.62 -27.33 07/25/2023 718.78 3133KYUU1 FH RB5095 2.00% 12/01/2040 -744.82 718.78 -26.04 07/25/2023 488.98 3140QFS42 FN CA7738 2.50% 11/01/2050 -521.15 488.98 -32.17 07/25/2023 276.98 3132DWA60 FH SD8129 2.50% 02/01/2051 -235.81 276.98 41.17 07/25/2023 344.80 3138WPSN5 FN AT2324 3.00% 05/01/2043 -345.67 344.80 -0.87 07/25/2023 1,016.23 31418D2R2 FN MA4383 2.00% 07/01/2036 -920.72 1,016.23 95.51 07/25/2023 945.98 31418D3G5 FN MA4398 2.00% 08/01/2051 -750.45 945.98 195.53 07/25/2023 1,810.31 31418D3Y6 FN MA4414 2.50% 09/01/2051 -1,558.19 1,810.31 252.12 07/25/2023 771.97 31418D7E6 FN MA4492 2.00% 12/01/2051 -611.75 771.97 160.22 07/25/2023 3,044.87 3140KY2A1 FN BR1668 2.00% 03/01/2051 -3,030.95 3,044.87 13.92 07/25/2023 907.12 31418D6M9 FN MA4475 2.50% 11/01/2041 -937.21 907.12 -30.09 07/25/2023 279.47 31418EB82 FN MA4562 2.00% 03/01/2052 -235.46 279.47 44.01 07/25/2023 2,088.65 3138EKRA5 FN AL3180 3.00% 01/01/2043 -2,094.01 2,088.65 -5.36 07/25/2023 438.40 3140QPK89 FN CB3918 4.50% 06/01/2052 -423.41 438.40 14.99 07/25/2023 334.95 3133BKTX7 FH QE9566 5.00% 09/01/2052 -330.92 334.95 4.03 07/25/2023 121.90 3132DPCV8 FH SD1884 5.00% 11/01/2052 -122.26 121.90 -0.36 07/25/2023 718.30 3133KQK47 FH RA8415 5.50% 01/01/2053 -729.04 718.29 -10.75 07/25/2023 414.96 31418EQ86 FN MA4978 5.00% 04/01/2053 -412.25 414.96 2.71 07/25/2023 104.66 3133KLAT4 FH RA4518 3.50% 02/01/2051 -95.57 104.66 9.09 07/25/2023 284.76 3140XF4G3 FN FS0822 2.00% 03/01/2052 -253.77 284.76 30.99 07/25/2023 233.32 3133A0DW1 FH QA5517 3.00% 12/01/2049 -244.89 233.32 -11.57 07/25/2023 541.49 3140QL6V3 FN CB1783 2.50% 10/01/2051 -499.80 541.49 41.69 07/25/2023 136.85 3140KESQ2 FN BP6826 2.50% 05/01/2050 -146.32 136.85 -9.47 07/25/2023 459.73 3133ANV43 FH QC4235 2.50% 07/01/2051 -470.98 459.73 -11.25 08/03/2023 10,207.00 922020805 VANGUARD ST IPSI ETF -479,489.56 481,399.10 1,909.54 08/03/2023 90,000.00 91282CAP6 UNITED STATES TREASURY 0.13% 10/15/2023 -89,919.08 89,078.91 -840.17 08/03/2023 11,573.00 53656F847 CORE ALTERNATIVE -350,962.80 324,666.34 -26,296.46 Realized Gains and Losses CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 21 Page 300 Date Quantity Identifier Description Book Value Principal Amount Net Realized Gain/Loss 08/03/2023 20,000.00 912810TS7 UNITED STATES TREASURY 3.88% 05/15/2043 -19,174.42 18,399.22 -775.21 08/15/2023 637.46 3128P7MT7 FH C91270 4.50% 10/01/2029 -666.36 637.46 -28.90 08/15/2023 133.19 3128MC3L7 FH G14203 4.00% 04/01/2026 -135.76 133.19 -2.57 08/15/2023 1,809.63 3132L5B28 FH V80057 3.00% 05/01/2043 -1,814.14 1,809.63 -4.51 08/15/2023 1,031.79 3128MJYU8 FH G08722 3.50% 09/01/2046 -1,077.74 1,031.79 -45.95 08/15/2023 882.70 31307LNS3 FH J30401 3.00% 01/01/2030 -891.55 882.70 -8.85 08/15/2023 300.72 31335CC69 FH G61893 3.00% 07/01/2047 -306.76 300.72 -6.04 08/15/2023 543.29 3128MFE46 FH G16255 2.50% 07/01/2032 -541.72 543.29 1.57 08/16/2023 100,000.00 06406FAD5 BANK OF NEW YORK MELLON CORP 2.20% 08/16/2023 -100,000.00 100,000.00 0.00 08/25/2023 1,076.72 31416BXA1 FN 995373 4.50% 02/01/2039 -1,164.48 1,076.72 -87.76 08/25/2023 220.38 3138WJM96 FN AS8483 3.00% 12/01/2046 -231.87 220.38 -11.49 08/25/2023 699.14 3140F9WP6 FN BD2453 3.00% 01/01/2047 -698.48 699.14 0.66 08/25/2023 340.01 31418CHG2 FN MA2930 4.00% 03/01/2047 -370.69 340.01 -30.68 08/25/2023 140.15 31418CUA0 FN MA3276 3.50% 02/01/2048 -161.45 140.15 -21.30 08/25/2023 305.09 31418CU77 FN MA3305 3.50% 03/01/2048 -327.88 305.09 -22.79 08/25/2023 107.00 31418DBG6 FN MA3638 4.00% 04/01/2049 -118.28 107.00 -11.28 08/25/2023 392.52 3133KGP44 FH RA1343 3.00% 09/01/2049 -423.89 392.52 -31.37 08/25/2023 148.16 31418DHL9 FN MA3834 3.00% 11/01/2049 -155.67 148.16 -7.51 08/25/2023 149.57 31418DJR4 FN MA3871 3.00% 12/01/2049 -156.74 149.57 -7.17 08/25/2023 175.58 31418DMJ8 FN MA3960 3.00% 03/01/2050 -185.56 175.58 -9.98 08/25/2023 1,709.92 3138ASR38 FN AJ1405 4.00% 09/01/2041 -1,815.35 1,709.93 -105.42 08/25/2023 940.90 3132D6NU0 FH SB8503 2.00% 08/01/2035 -965.74 940.91 -24.83 08/25/2023 651.74 3133KYUU1 FH RB5095 2.00% 12/01/2040 -675.27 651.74 -23.53 08/25/2023 396.62 3140QFS42 FN CA7738 2.50% 11/01/2050 -422.68 396.62 -26.06 08/25/2023 258.86 3132DWA60 FH SD8129 2.50% 02/01/2051 -220.44 258.86 38.42 08/25/2023 2,202.22 3138WPSN5 FN AT2324 3.00% 05/01/2043 -2,207.70 2,202.22 -5.48 08/25/2023 867.69 31418D2R2 FN MA4383 2.00% 07/01/2036 -786.55 867.69 81.14 08/25/2023 905.54 31418D3G5 FN MA4398 2.00% 08/01/2051 -718.75 905.54 186.79 08/25/2023 1,631.89 31418D3Y6 FN MA4414 2.50% 09/01/2051 -1,405.13 1,631.89 226.76 08/25/2023 777.62 31418D7E6 FN MA4492 2.00% 12/01/2051 -616.65 777.62 160.97 08/25/2023 1,410.69 3140KY2A1 FN BR1668 2.00% 03/01/2051 -1,404.25 1,410.69 6.44 08/25/2023 658.84 31418D6M9 FN MA4475 2.50% 11/01/2041 -680.58 658.84 -21.74 08/25/2023 283.00 31418EB82 FN MA4562 2.00% 03/01/2052 -238.59 283.00 44.41 08/25/2023 1,136.09 3138EKRA5 FN AL3180 3.00% 01/01/2043 -1,138.99 1,136.09 -2.90 08/25/2023 41.98 3140QPK89 FN CB3918 4.50% 06/01/2052 -40.55 41.98 1.43 08/25/2023 153.97 3133BKTX7 FH QE9566 5.00% 09/01/2052 -152.13 153.97 1.84 08/25/2023 267.25 3132DPCV8 FH SD1884 5.00% 11/01/2052 -268.03 267.25 -0.78 08/25/2023 588.91 3133KQK47 FH RA8415 5.50% 01/01/2053 -597.64 588.91 -8.73 08/25/2023 297.55 31418EQ86 FN MA4978 5.00% 04/01/2053 -295.62 297.55 1.93 08/25/2023 322.75 3133KLAT4 FH RA4518 3.50% 02/01/2051 -294.74 322.75 28.01 08/25/2023 336.41 3140XF4G3 FN FS0822 2.00% 03/01/2052 -299.92 336.41 36.49 08/25/2023 212.26 3133A0DW1 FH QA5517 3.00% 12/01/2049 -222.77 212.26 -10.51 08/25/2023 498.23 3140QL6V3 FN CB1783 2.50% 10/01/2051 -459.96 498.23 38.27 08/25/2023 139.81 3140KESQ2 FN BP6826 2.50% 05/01/2050 -149.46 139.81 -9.65 08/25/2023 2,861.84 3133ANV43 FH QC4235 2.50% 07/01/2051 -2,931.70 2,861.84 -69.86 09/15/2023 651.96 3128P7MT7 FH C91270 4.50% 10/01/2029 -681.16 651.96 -29.20 09/15/2023 170.96 3128MC3L7 FH G14203 4.00% 04/01/2026 -174.14 170.96 -3.18 09/15/2023 1,258.36 3132L5B28 FH V80057 3.00% 05/01/2043 -1,261.48 1,258.36 -3.12 09/15/2023 766.37 3128MJYU8 FH G08722 3.50% 09/01/2046 -800.43 766.37 -34.06 Realized Gains and Losses CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 22 Page 301 Date Quantity Identifier Description Book Value Principal Amount Net Realized Gain/Loss 09/15/2023 872.35 31307LNS3 FH J30401 3.00% 01/01/2030 -880.97 872.35 -8.62 09/15/2023 429.34 31335CC69 FH G61893 3.00% 07/01/2047 -437.93 429.34 -8.59 09/15/2023 946.84 3128MFE46 FH G16255 2.50% 07/01/2032 -944.11 946.84 2.73 09/21/2023 20,000.00 912810TQ1 UNITED STATES TREASURY 3.88% 02/15/2043 -20,039.30 17,787.50 -2,251.80 09/21/2023 43,000.00 15135UAP4 CENOVUS ENERGY INC 5.25% 06/15/2037 -51,197.14 39,655.03 -11,542.11 09/25/2023 339.20 31416BXA1 FN 995373 4.50% 02/01/2039 -366.72 339.20 -27.52 09/25/2023 259.13 3138WJM96 FN AS8483 3.00% 12/01/2046 -272.60 259.13 -13.47 09/25/2023 312.82 3140F9WP6 FN BD2453 3.00% 01/01/2047 -312.52 312.82 0.30 09/25/2023 279.73 31418CHG2 FN MA2930 4.00% 03/01/2047 -304.92 279.73 -25.19 09/25/2023 195.46 31418CUA0 FN MA3276 3.50% 02/01/2048 -225.10 195.46 -29.64 09/25/2023 315.38 31418CU77 FN MA3305 3.50% 03/01/2048 -338.90 315.38 -23.52 09/25/2023 75.65 31418DBG6 FN MA3638 4.00% 04/01/2049 -83.61 75.65 -7.96 09/25/2023 346.58 3133KGP44 FH RA1343 3.00% 09/01/2049 -374.23 346.58 -27.65 09/25/2023 185.82 31418DHL9 FN MA3834 3.00% 11/01/2049 -195.23 185.82 -9.41 09/25/2023 177.28 31418DJR4 FN MA3871 3.00% 12/01/2049 -185.77 177.29 -8.48 09/25/2023 184.15 31418DMJ8 FN MA3960 3.00% 03/01/2050 -194.59 184.15 -10.44 09/25/2023 1,835.51 3138ASR38 FN AJ1405 4.00% 09/01/2041 -1,948.28 1,835.51 -112.77 09/25/2023 876.42 3132D6NU0 FH SB8503 2.00% 08/01/2035 -899.41 876.42 -22.99 09/25/2023 643.07 3133KYUU1 FH RB5095 2.00% 12/01/2040 -666.21 643.07 -23.14 09/25/2023 749.18 3140QFS42 FN CA7738 2.50% 11/01/2050 -798.31 749.18 -49.13 09/25/2023 286.08 3132DWA60 FH SD8129 2.50% 02/01/2051 -243.67 286.08 42.41 09/25/2023 417.89 3138WPSN5 FN AT2324 3.00% 05/01/2043 -418.93 417.89 -1.04 09/25/2023 897.39 31418D2R2 FN MA4383 2.00% 07/01/2036 -813.88 897.39 83.51 09/25/2023 826.17 31418D3G5 FN MA4398 2.00% 08/01/2051 -656.07 826.17 170.10 09/25/2023 1,979.63 31418D3Y6 FN MA4414 2.50% 09/01/2051 -1,705.13 1,979.63 274.50 09/25/2023 755.90 31418D7E6 FN MA4492 2.00% 12/01/2051 -599.81 755.90 156.09 09/25/2023 444.85 3140KY2A1 FN BR1668 2.00% 03/01/2051 -442.82 444.85 2.03 09/25/2023 757.72 31418D6M9 FN MA4475 2.50% 11/01/2041 -782.62 757.72 -24.90 09/25/2023 286.24 31418EB82 FN MA4562 2.00% 03/01/2052 -241.47 286.24 44.77 09/25/2023 918.65 3138EKRA5 FN AL3180 3.00% 01/01/2043 -920.99 918.65 -2.34 09/25/2023 225.83 3140QPK89 FN CB3918 4.50% 06/01/2052 -218.17 225.83 7.66 09/25/2023 309.28 3133BKTX7 FH QE9566 5.00% 09/01/2052 -305.59 309.28 3.69 09/25/2023 76.25 3132DPCV8 FH SD1884 5.00% 11/01/2052 -76.47 76.25 -0.22 09/25/2023 1,082.71 3133KQK47 FH RA8415 5.50% 01/01/2053 -1,098.61 1,082.71 -15.90 09/25/2023 367.27 31418EQ86 FN MA4978 5.00% 04/01/2053 -364.89 367.27 2.38 09/25/2023 1,065.20 3133KLAT4 FH RA4518 3.50% 02/01/2051 -972.89 1,065.20 92.31 09/25/2023 294.37 3140XF4G3 FN FS0822 2.00% 03/01/2052 -262.54 294.37 31.83 09/25/2023 260.88 3133A0DW1 FH QA5517 3.00% 12/01/2049 -273.78 260.89 -12.89 09/25/2023 578.77 3140QL6V3 FN CB1783 2.50% 10/01/2051 -534.42 578.77 44.35 09/25/2023 136.98 3140KESQ2 FN BP6826 2.50% 05/01/2050 -146.42 136.98 -9.44 09/25/2023 481.68 3133ANV43 FH QC4235 2.50% 07/01/2051 -493.41 481.68 -11.73 09/27/2023 2,202.00 464287507 ISHARES:CORE S&P MD-CP -204,493.36 542,097.89 337,604.53 09/27/2023 991.00 45409B107 INDEXIQ:HDG MLT-STR TRCK -29,075.84 29,674.26 598.42 09/27/2023 1,124.00 53656F847 CORE ALTERNATIVE -34,086.42 31,386.33 -2,700.09 09/27/2023 238.00 69374H857 PACER US SC CSH CWS 100 -8,432.22 9,769.65 1,337.43 09/28/2023 5,495.71 922031760 VANGUARD HY CORP ADM -30,775.99 28,193.00 -2,582.99 09/28/2023 8,964.74 09260C307 BLACKROCK:SYS MLTI STR I -92,336.82 88,392.34 -3,944.48 ------ -------1,649,301.21 1,935,880.75 286,579.54 Realized Gains and Losses CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 23 Page 302 * Filtered By: Transaction Type not in Buy, Cash Transfer, Coupon, Equity Dividend, Money Market Funds, Open-End Fund Payment and Current Units ¹ 0.00 and Security Type not in "CASH", "MMFUND". * Weighted by: Absolute Value of Principal Amount. * MMF transactions are collapsed. * Trade transactions are collapsed. * Cash Entry transactions are expanded. * Date = IF([Transaction Type]='Principal Paydown',[Post Date],([Trade Date (With Summary)])). * Quantity = ABS(([Current Units (With Summary)])). * Description = IF(Empty([Final Maturity]), [Original Description], concat([Original Description],' ', TEXTNUMBER([Coupon Rate],'0.00'),'% ',TEXTDATE([Final Maturity],'MM/dd/yyyy'))). Realized Gains and Losses CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 24 Page 303 Account ID Principal Balance Date In or Out Amount Description 350286 909,683.79 06/30/2023 ------Beginning Balance ---909,683.79 07/01/2023 Out -0.00 PRIOR PERIOD ADJUSTMENTS 350286 913,139.39 07/03/2023 In 3,455.60 Money Market Funds - ALLSPRING:GOVT MM I - GVIXX (94975P405) 350286 913,934.39 07/03/2023 In 795.00 Coupon - BORGWARNER INC - BWA (099724AL0) 350286 920,155.27 07/03/2023 In 6,220.88 Open-End Fund Payment - VANGUARD HY CORP ADM - VWEAX (922031760) 350286 876,914.92 07/05/2023 Out -43,240.35 Buy - BLACKROCK:SYS MLTI STR I - BIMBX (09260C307) 350286 783,321.49 07/05/2023 Out -93,593.43 Buy - CORE ALTERNATIVE - CCOR (53656F847) 350286 738,364.87 07/05/2023 Out -44,956.62 Buy - FLEXSHS:STOXX GL BRD INF - NFRA (33939L795) 350286 831,381.00 07/05/2023 In 93,016.13 Sell - INDEXIQ:HDG MLT-STR TRCK - QAI (45409B107) 350286 812,341.49 07/05/2023 Out -19,039.51 Buy - ISHARES:CORE MSCI EAFE - IEFA (46432F842) 350286 742,263.45 07/05/2023 Out -70,078.04 Buy - ISHARES:CORE MSCI EMMKTS - IEMG (46434G103) 350286 663,142.32 07/05/2023 Out -79,121.13 Buy - ISHARES:CORE S&P MD-CP - IJH (464287507) 350286 583,021.81 07/05/2023 Out -80,120.51 Buy - ISHARES:CORE S&P SM-CP - IJR (464287804) 350286 531,301.08 07/05/2023 Out -51,720.73 Buy - JPMORGAN:BB MSCI US REIT - BBRE (46641Q738) 350286 514,321.57 07/05/2023 Out -16,979.51 Buy - PACER INDUSTRIAL RE - INDS (69374H766) 350286 536,687.46 07/05/2023 In 22,365.89 Sell - PACER US SC CSH CWS 100 - CALF (69374H857) 350286 563,848.76 07/05/2023 In 27,161.30 Sell - SPDR PTF HIGH YIELD BOND - SPHY (78468R606) 350286 700,542.38 07/05/2023 In 136,693.62 Sell - SPDR S&P 500 ETF - SPY (78462F103) 350286 681,245.81 07/05/2023 Out -19,296.57 Buy - UNITED STATES TREASURY - T (912810TR9) 350286 661,496.56 07/05/2023 Out -19,749.25 Buy - UNITED STATES TREASURY - T (91282CHJ3) 350286 582,119.35 07/05/2023 Out -79,377.21 Buy - UNITED STATES TREASURY - T (91282CHH7) 350286 516,882.26 07/05/2023 Out -65,237.09 Buy - VANGUARD HY CORP ADM - VWEAX (922031760) 350286 497,726.20 07/05/2023 Out -19,156.06 Buy - VANGUARD ST IPSI ETF - VTIP (922020805) 350286 501,289.46 07/07/2023 In 3,563.26 Equity Dividend - VANGUARD ST IPSI ETF - VTIP (922020805) 350286 503,139.46 07/12/2023 In 1,850.00 Coupon - CITIGROUP INC - C (172967KG5) 350286 464,010.18 07/14/2023 Out -39,129.28 Buy - UNITED STATES TREASURY - T (912810TS7) 350286 496,239.64 07/14/2023 In 32,229.46 Sell - UNITED STATES TREASURY - T (91282CAE1) 350286 498,089.64 07/17/2023 In 1,850.00 Coupon - ENBRIDGE INC - ENBCN (29250NAR6) 350286 498,258.94 07/17/2023 In 169.30 Coupon - FH C91270 - FG (3128P7MT7) 350286 499,103.78 07/17/2023 In 844.84 Principal Paydown - FH C91270 - FG (3128P7MT7) 350286 499,327.92 07/17/2023 In 224.14 Coupon - FH G08722 - FG (3128MJYU8) 350286 499,788.05 07/17/2023 In 460.13 Principal Paydown - FH G08722 - FG (3128MJYU8) Cash Ledger CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 25 Page 304 Account ID Principal Balance Date In or Out Amount Description 350286 499,798.97 07/17/2023 In 10.92 Coupon - FH G14203 - FG (3128MC3L7) 350286 499,968.30 07/17/2023 In 169.33 Principal Paydown - FH G14203 - FG (3128MC3L7) 350286 500,081.70 07/17/2023 In 113.40 Coupon - FH G16255 - FG (3128MFE46) 350286 501,336.83 07/17/2023 In 1,255.13 Principal Paydown - FH G16255 - FG (3128MFE46) 350286 501,449.53 07/17/2023 In 112.70 Coupon - FH G61893 - FG (31335CC69) 350286 501,772.55 07/17/2023 In 323.02 Principal Paydown - FH G61893 - FG (31335CC69) 350286 501,888.97 07/17/2023 In 116.42 Coupon - FH J30401 - FG (31307LNS3) 350286 502,828.98 07/17/2023 In 940.01 Principal Paydown - FH J30401 - FG (31307LNS3) 350286 503,176.02 07/17/2023 In 347.04 Coupon - FH V80057 - FG (3132L5B28) 350286 506,581.04 07/17/2023 In 3,405.02 Principal Paydown - FH V80057 - FG (3132L5B28) 350286 506,593.54 07/17/2023 In 12.50 Coupon - UNITED STATES TREASURY - T (912828ZY9) 350286 526,593.54 07/17/2023 In 20,000.00 Maturity - UNITED STATES TREASURY - T (912828ZY9) 350286 528,815.04 07/20/2023 In 2,221.50 Coupon - BANK OF AMERICA CORP - BAC (06051GGG8) 350286 531,014.46 07/21/2023 In 2,199.42 Open-End Fund Payment - BLACKROCK:SYS MLTI STR I - BIMBX (09260C307) 350286 531,087.97 07/25/2023 In 73.51 Coupon - FH QA5517 - FR (3133A0DW1) 350286 531,321.29 07/25/2023 In 233.32 Principal Paydown - FH QA5517 - FR (3133A0DW1) 350286 531,820.09 07/25/2023 In 498.80 Coupon - FH QC4235 - FR (3133ANV43) 350286 532,279.82 07/25/2023 In 459.73 Principal Paydown - FH QC4235 - FR (3133ANV43) 350286 532,436.24 07/25/2023 In 156.42 Coupon - FH QE9566 - FR (3133BKTX7) 350286 532,771.19 07/25/2023 In 334.95 Principal Paydown - FH QE9566 - FR (3133BKTX7) 350286 532,863.99 07/25/2023 In 92.80 Coupon - FH RA1343 - FR (3133KGP44) 350286 533,174.34 07/25/2023 In 310.35 Principal Paydown - FH RA1343 - FR (3133KGP44) 350286 533,340.84 07/25/2023 In 166.50 Coupon - FH RA4518 - FR (3133KLAT4) 350286 533,445.50 07/25/2023 In 104.66 Principal Paydown - FH RA4518 - FR (3133KLAT4) 350286 533,951.79 07/25/2023 In 506.29 Coupon - FH RA8415 - FR (3133KQK47) 350286 534,670.08 07/25/2023 In 718.29 Principal Paydown - FH RA8415 - FR (3133KQK47) 350286 534,812.54 07/25/2023 In 142.46 Coupon - FH RB5095 - FR (3133KYUU1) 350286 535,531.32 07/25/2023 In 718.78 Principal Paydown - FH RB5095 - FR (3133KYUU1) 350286 535,660.51 07/25/2023 In 129.19 Coupon - FH SB8503 - FR (3132D6NU0) 350286 536,690.13 07/25/2023 In 1,029.62 Principal Paydown - FH SB8503 - FR (3132D6NU0) 350286 536,749.84 07/25/2023 In 59.71 Coupon - FH SD1884 - FR (3132DPCV8) 350286 536,871.74 07/25/2023 In 121.90 Principal Paydown - FH SD1884 - FR (3132DPCV8) 350286 536,954.40 07/25/2023 In 82.66 Coupon - FH SD8129 - FR (3132DWA60) 350286 537,231.38 07/25/2023 In 276.98 Principal Paydown - FH SD8129 - FR (3132DWA60) 350286 537,451.14 07/25/2023 In 219.76 Coupon - FN 995373 - FN (31416BXA1) 350286 538,281.38 07/25/2023 In 830.24 Principal Paydown - FN 995373 - FN (31416BXA1) Cash Ledger CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 26 Page 305 Account ID Principal Balance Date In or Out Amount Description 350286 538,771.63 07/25/2023 In 490.25 Coupon - FN AJ1405 - FN (3138ASR38) 350286 540,532.32 07/25/2023 In 1,760.69 Principal Paydown - FN AJ1405 - FN (3138ASR38) 350286 540,753.48 07/25/2023 In 221.16 Coupon - FN AL3180 - FN (3138EKRA5) 350286 542,842.13 07/25/2023 In 2,088.65 Principal Paydown - FN AL3180 - FN (3138EKRA5) 350286 542,923.61 07/25/2023 In 81.48 Coupon - FN AS8483 - FN (3138WJM96) 350286 543,217.09 07/25/2023 In 293.48 Principal Paydown - FN AS8483 - FN (3138WJM96) 350286 543,449.60 07/25/2023 In 232.51 Coupon - FN AT2324 - FN (3138WPSN5) 350286 543,794.40 07/25/2023 In 344.80 Principal Paydown - FN AT2324 - FN (3138WPSN5) 350286 543,939.06 07/25/2023 In 144.66 Coupon - FN BD2453 - FN (3140F9WP6) 350286 544,386.60 07/25/2023 In 447.54 Principal Paydown - FN BD2453 - FN (3140F9WP6) 350286 544,494.01 07/25/2023 In 107.41 Coupon - FN BP6826 - FN (3140KESQ2) 350286 544,630.86 07/25/2023 In 136.85 Principal Paydown - FN BP6826 - FN (3140KESQ2) 350286 544,971.06 07/25/2023 In 340.20 Coupon - FN BR1668 - FN (3140KY2A1) 350286 548,015.93 07/25/2023 In 3,044.87 Principal Paydown - FN BR1668 - FN (3140KY2A1) 350286 548,170.93 07/25/2023 In 155.00 Coupon - FN CA7738 - FN (3140QFS42) 350286 548,659.91 07/25/2023 In 488.98 Principal Paydown - FN CA7738 - FN (3140QFS42) 350286 548,798.81 07/25/2023 In 138.90 Coupon - FN CB1783 - FN (3140QL6V3) 350286 549,340.30 07/25/2023 In 541.49 Principal Paydown - FN CB1783 - FN (3140QL6V3) 350286 549,426.34 07/25/2023 In 86.04 Coupon - FN CB3918 - FN (3140QPK89) 350286 549,864.74 07/25/2023 In 438.40 Principal Paydown - FN CB3918 - FN (3140QPK89) 350286 549,926.23 07/25/2023 In 61.49 Coupon - FN FS0822 - FN (3140XF4G3) 350286 550,210.99 07/25/2023 In 284.76 Principal Paydown - FN FS0822 - FN (3140XF4G3) 350286 550,351.97 07/25/2023 In 140.98 Coupon - FN MA2930 - FN (31418CHG2) 350286 550,703.59 07/25/2023 In 351.62 Principal Paydown - FN MA2930 - FN (31418CHG2) 350286 550,765.35 07/25/2023 In 61.76 Coupon - FN MA3276 - FN (31418CUA0) 350286 550,965.03 07/25/2023 In 199.68 Principal Paydown - FN MA3276 - FN (31418CUA0) 350286 551,079.05 07/25/2023 In 114.02 Coupon - FN MA3305 - FN (31418CU77) 350286 551,558.60 07/25/2023 In 479.55 Principal Paydown - FN MA3305 - FN (31418CU77) 350286 551,596.67 07/25/2023 In 38.07 Coupon - FN MA3638 - FN (31418DBG6) 350286 551,688.62 07/25/2023 In 91.95 Principal Paydown - FN MA3638 - FN (31418DBG6) 350286 551,741.80 07/25/2023 In 53.18 Coupon - FN MA3834 - FN (31418DHL9) 350286 551,953.62 07/25/2023 In 211.82 Principal Paydown - FN MA3834 - FN (31418DHL9) 350286 552,011.03 07/25/2023 In 57.41 Coupon - FN MA3871 - FN (31418DJR4) 350286 552,215.15 07/25/2023 In 204.12 Principal Paydown - FN MA3871 - FN (31418DJR4) 350286 552,276.82 07/25/2023 In 61.67 Coupon - FN MA3960 - FN (31418DMJ8) 350286 552,472.83 07/25/2023 In 196.01 Principal Paydown - FN MA3960 - FN (31418DMJ8) 350286 552,621.14 07/25/2023 In 148.31 Coupon - FN MA4383 - FN (31418D2R2) Cash Ledger CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 27 Page 306 Account ID Principal Balance Date In or Out Amount Description 350286 553,637.37 07/25/2023 In 1,016.23 Principal Paydown - FN MA4383 - FN (31418D2R2) 350286 553,880.04 07/25/2023 In 242.67 Coupon - FN MA4398 - FN (31418D3G5) 350286 554,826.02 07/25/2023 In 945.98 Principal Paydown - FN MA4398 - FN (31418D3G5) 350286 555,358.56 07/25/2023 In 532.54 Coupon - FN MA4414 - FN (31418D3Y6) 350286 557,168.87 07/25/2023 In 1,810.31 Principal Paydown - FN MA4414 - FN (31418D3Y6) 350286 557,347.62 07/25/2023 In 178.75 Coupon - FN MA4475 - FN (31418D6M9) 350286 558,254.74 07/25/2023 In 907.12 Principal Paydown - FN MA4475 - FN (31418D6M9) 350286 558,506.78 07/25/2023 In 252.04 Coupon - FN MA4492 - FN (31418D7E6) 350286 559,278.75 07/25/2023 In 771.97 Principal Paydown - FN MA4492 - FN (31418D7E6) 350286 559,380.29 07/25/2023 In 101.54 Coupon - FN MA4562 - FN (31418EB82) 350286 559,659.76 07/25/2023 In 279.47 Principal Paydown - FN MA4562 - FN (31418EB82) 350286 559,905.77 07/25/2023 In 246.01 Coupon - FN MA4978 - FN (31418EQ86) 350286 560,320.73 07/25/2023 In 414.96 Principal Paydown - FN MA4978 - FN (31418EQ86) 350286 587,093.29 07/31/2023 In 26,772.56 Equity Dividend - SPDR S&P 500 ETF - SPY (78462F103) 350286 587,793.29 07/31/2023 In 700.00 Coupon - UNITED STATES TREASURY - T (91282CGJ4) 350286 588,033.92 07/31/2023 In 240.63 Coupon - UNITED STATES TREASURY - T (91282CDV0) 350286 588,183.92 07/31/2023 In 150.00 Coupon - UNITED STATES TREASURY - T (91282CAB7) 350286 588,277.67 07/31/2023 In 93.75 Coupon - UNITED STATES TREASURY - T (91282CAD3) 350286 590,724.79 08/01/2023 In 2,447.12 Money Market Funds - ALLSPRING:GOVT MM I - GVIXX (94975P405) 350286 592,662.29 08/01/2023 In 1,937.50 Coupon - JPMORGAN CHASE & CO - JPM (46625HJT8) 350286 599,220.81 08/01/2023 In 6,558.52 Open-End Fund Payment - VANGUARD HY CORP ADM - VWEAX (922031760) 350286 598,719.09 08/02/2023 Out -501.72 Custody Fee - ADMINISTRATIVE FEE/EXPENSE CUSTODIAN FEE-PRIN 350286 687,832.12 08/04/2023 In 89,113.03 Sell - UNITED STATES TREASURY - T (91282CAP6) 350286 706,401.92 08/04/2023 In 18,569.80 Sell - UNITED STATES TREASURY - T (912810TS7) 350286 381,257.94 08/07/2023 Out -325,143.98 Buy - BLACKROCK:SYS MLTI STR I - BIMBX (09260C307) 350286 705,924.28 08/07/2023 In 324,666.34 Sell - CORE ALTERNATIVE - CCOR (53656F847) 350286 380,370.44 08/07/2023 Out -325,553.84 Buy - INDEXIQ:HDG MLT-STR TRCK - QAI (45409B107) 350286 861,769.54 08/07/2023 In 481,399.10 Sell - VANGUARD ST IPSI ETF - VTIP (922020805) 350286 861,935.67 08/15/2023 In 166.13 Coupon - FH C91270 - FG (3128P7MT7) 350286 862,573.13 08/15/2023 In 637.46 Principal Paydown - FH C91270 - FG (3128P7MT7) 350286 862,795.93 08/15/2023 In 222.80 Coupon - FH G08722 - FG (3128MJYU8) 350286 863,827.72 08/15/2023 In 1,031.79 Principal Paydown - FH G08722 - FG (3128MJYU8) 350286 863,838.07 08/15/2023 In 10.35 Coupon - FH G14203 - FG (3128MC3L7) Cash Ledger CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 28 Page 307 Account ID Principal Balance Date In or Out Amount Description 350286 863,971.26 08/15/2023 In 133.19 Principal Paydown - FH G14203 - FG (3128MC3L7) 350286 864,082.05 08/15/2023 In 110.79 Coupon - FH G16255 - FG (3128MFE46) 350286 864,625.34 08/15/2023 In 543.29 Principal Paydown - FH G16255 - FG (3128MFE46) 350286 864,737.23 08/15/2023 In 111.89 Coupon - FH G61893 - FG (31335CC69) 350286 865,037.95 08/15/2023 In 300.72 Principal Paydown - FH G61893 - FG (31335CC69) 350286 865,152.02 08/15/2023 In 114.07 Coupon - FH J30401 - FG (31307LNS3) 350286 866,034.72 08/15/2023 In 882.70 Principal Paydown - FH J30401 - FG (31307LNS3) 350286 866,373.25 08/15/2023 In 338.53 Coupon - FH V80057 - FG (3132L5B28) 350286 868,182.88 08/15/2023 In 1,809.63 Principal Paydown - FH V80057 - FG (3132L5B28) 350286 870,620.38 08/15/2023 In 2,437.50 Coupon - HOME DEPOT INC - HD (437076BD3) 350286 872,267.26 08/15/2023 In 1,646.88 Coupon - UNITED STATES TREASURY - T (912810QK7) 350286 873,767.26 08/15/2023 In 1,500.00 Coupon - UNITED STATES TREASURY - T (91282CGL9) 350286 874,661.01 08/15/2023 In 893.75 Coupon - UNITED STATES TREASURY - T (91282CFF3) 350286 875,448.51 08/15/2023 In 787.50 Coupon - UNITED STATES TREASURY - T (91282CBL4) 350286 876,048.51 08/15/2023 In 600.00 Coupon - UNITED STATES TREASURY - T (912810TJ7) 350286 876,548.51 08/15/2023 In 500.00 Coupon - UNITED STATES TREASURY - T (912810SZ2) 350286 876,939.14 08/15/2023 In 390.63 Coupon - UNITED STATES TREASURY - T (912810QZ4) 350286 877,326.64 08/15/2023 In 387.50 Coupon - UNITED STATES TREASURY - T (912810TQ1) 350286 877,670.39 08/15/2023 In 343.75 Coupon - UNITED STATES TREASURY - T (912810QX9) 350286 877,998.52 08/15/2023 In 328.13 Coupon - UNITED STATES TREASURY - T (91282CDY4) 350286 878,261.02 08/15/2023 In 262.50 Coupon - UNITED STATES TREASURY - T (9128286B1) 350286 878,486.02 08/15/2023 In 225.00 Coupon - UNITED STATES TREASURY - T (912810TD0) 350286 878,704.77 08/15/2023 In 218.75 Coupon - UNITED STATES TREASURY - T (91282CAE1) 350286 878,886.02 08/15/2023 In 181.25 Coupon - UNITED STATES TREASURY - T (912810TN8) 350286 879,054.77 08/15/2023 In 168.75 Coupon - UNITED STATES TREASURY - T (912810TK4) 350286 880,154.77 08/16/2023 In 1,100.00 Coupon - BANK OF NEW YORK MELLON CORP - BK (06406FAD5) 350286 980,154.77 08/16/2023 In 100,000.00 Maturity - BANK OF NEW YORK MELLON CORP - BK (06406FAD5) 350286 980,694.77 08/17/2023 In 540.00 Coupon - FEDERAL HOME LOAN BANKS - FHLB (3130AQRW5) 350286 980,100.09 08/21/2023 Out -594.68 Custody Fee - ADMINISTRATIVE FEE/EXPENSE CUSTODIAN FEE-PRIN 350286 980,173.02 08/25/2023 In 72.93 Coupon - FH QA5517 - FR (3133A0DW1) 350286 980,385.28 08/25/2023 In 212.26 Principal Paydown - FH QA5517 - FR (3133A0DW1) 350286 980,883.12 08/25/2023 In 497.84 Coupon - FH QC4235 - FR (3133ANV43) Cash Ledger CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 29 Page 308 Account ID Principal Balance Date In or Out Amount Description 350286 983,744.96 08/25/2023 In 2,861.84 Principal Paydown - FH QC4235 - FR (3133ANV43) 350286 983,899.98 08/25/2023 In 155.02 Coupon - FH QE9566 - FR (3133BKTX7) 350286 984,053.95 08/25/2023 In 153.97 Principal Paydown - FH QE9566 - FR (3133BKTX7) 350286 984,145.98 08/25/2023 In 92.03 Coupon - FH RA1343 - FR (3133KGP44) 350286 984,538.50 08/25/2023 In 392.52 Principal Paydown - FH RA1343 - FR (3133KGP44) 350286 984,704.69 08/25/2023 In 166.19 Coupon - FH RA4518 - FR (3133KLAT4) 350286 985,027.44 08/25/2023 In 322.75 Principal Paydown - FH RA4518 - FR (3133KLAT4) 350286 985,530.45 08/25/2023 In 503.01 Coupon - FH RA8415 - FR (3133KQK47) 350286 986,119.36 08/25/2023 In 588.91 Principal Paydown - FH RA8415 - FR (3133KQK47) 350286 986,260.62 08/25/2023 In 141.26 Coupon - FH RB5095 - FR (3133KYUU1) 350286 986,912.36 08/25/2023 In 651.74 Principal Paydown - FH RB5095 - FR (3133KYUU1) 350286 987,039.84 08/25/2023 In 127.48 Coupon - FH SB8503 - FR (3132D6NU0) 350286 987,980.75 08/25/2023 In 940.91 Principal Paydown - FH SB8503 - FR (3132D6NU0) 350286 988,039.95 08/25/2023 In 59.20 Coupon - FH SD1884 - FR (3132DPCV8) 350286 988,307.20 08/25/2023 In 267.25 Principal Paydown - FH SD1884 - FR (3132DPCV8) 350286 988,389.29 08/25/2023 In 82.09 Coupon - FH SD8129 - FR (3132DWA60) 350286 988,648.15 08/25/2023 In 258.86 Principal Paydown - FH SD8129 - FR (3132DWA60) 350286 988,864.79 08/25/2023 In 216.64 Coupon - FN 995373 - FN (31416BXA1) 350286 989,941.51 08/25/2023 In 1,076.72 Principal Paydown - FN 995373 - FN (31416BXA1) 350286 990,425.90 08/25/2023 In 484.39 Coupon - FN AJ1405 - FN (3138ASR38) 350286 992,135.83 08/25/2023 In 1,709.93 Principal Paydown - FN AJ1405 - FN (3138ASR38) 350286 992,351.77 08/25/2023 In 215.94 Coupon - FN AL3180 - FN (3138EKRA5) 350286 993,487.86 08/25/2023 In 1,136.09 Principal Paydown - FN AL3180 - FN (3138EKRA5) 350286 993,568.60 08/25/2023 In 80.74 Coupon - FN AS8483 - FN (3138WJM96) 350286 993,788.98 08/25/2023 In 220.38 Principal Paydown - FN AS8483 - FN (3138WJM96) 350286 994,020.63 08/25/2023 In 231.65 Coupon - FN AT2324 - FN (3138WPSN5) 350286 996,222.85 08/25/2023 In 2,202.22 Principal Paydown - FN AT2324 - FN (3138WPSN5) 350286 996,366.39 08/25/2023 In 143.54 Coupon - FN BD2453 - FN (3140F9WP6) 350286 997,065.53 08/25/2023 In 699.14 Principal Paydown - FN BD2453 - FN (3140F9WP6) 350286 997,172.65 08/25/2023 In 107.12 Coupon - FN BP6826 - FN (3140KESQ2) 350286 997,312.46 08/25/2023 In 139.81 Principal Paydown - FN BP6826 - FN (3140KESQ2) 350286 997,647.59 08/25/2023 In 335.13 Coupon - FN BR1668 - FN (3140KY2A1) 350286 999,058.28 08/25/2023 In 1,410.69 Principal Paydown - FN BR1668 - FN (3140KY2A1) 350286 999,212.26 08/25/2023 In 153.98 Coupon - FN CA7738 - FN (3140QFS42) 350286 999,608.88 08/25/2023 In 396.62 Principal Paydown - FN CA7738 - FN (3140QFS42) 350286 999,746.65 08/25/2023 In 137.77 Coupon - FN CB1783 - FN (3140QL6V3) 350286 1,000,244.88 08/25/2023 In 498.23 Principal Paydown - FN CB1783 - FN (3140QL6V3) Cash Ledger CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 30 Page 309 Account ID Principal Balance Date In or Out Amount Description 350286 1,000,329.27 08/25/2023 In 84.39 Coupon - FN CB3918 - FN (3140QPK89) 350286 1,000,371.25 08/25/2023 In 41.98 Principal Paydown - FN CB3918 - FN (3140QPK89) 350286 1,000,432.27 08/25/2023 In 61.02 Coupon - FN FS0822 - FN (3140XF4G3) 350286 1,000,768.68 08/25/2023 In 336.41 Principal Paydown - FN FS0822 - FN (3140XF4G3) 350286 1,000,908.49 08/25/2023 In 139.81 Coupon - FN MA2930 - FN (31418CHG2) 350286 1,001,248.50 08/25/2023 In 340.01 Principal Paydown - FN MA2930 - FN (31418CHG2) 350286 1,001,309.67 08/25/2023 In 61.17 Coupon - FN MA3276 - FN (31418CUA0) 350286 1,001,449.82 08/25/2023 In 140.15 Principal Paydown - FN MA3276 - FN (31418CUA0) 350286 1,001,562.44 08/25/2023 In 112.62 Coupon - FN MA3305 - FN (31418CU77) 350286 1,001,867.53 08/25/2023 In 305.09 Principal Paydown - FN MA3305 - FN (31418CU77) 350286 1,001,905.30 08/25/2023 In 37.77 Coupon - FN MA3638 - FN (31418DBG6) 350286 1,002,012.30 08/25/2023 In 107.00 Principal Paydown - FN MA3638 - FN (31418DBG6) 350286 1,002,064.95 08/25/2023 In 52.65 Coupon - FN MA3834 - FN (31418DHL9) 350286 1,002,213.11 08/25/2023 In 148.16 Principal Paydown - FN MA3834 - FN (31418DHL9) 350286 1,002,270.01 08/25/2023 In 56.90 Coupon - FN MA3871 - FN (31418DJR4) 350286 1,002,419.58 08/25/2023 In 149.57 Principal Paydown - FN MA3871 - FN (31418DJR4) 350286 1,002,480.76 08/25/2023 In 61.18 Coupon - FN MA3960 - FN (31418DMJ8) 350286 1,002,656.34 08/25/2023 In 175.58 Principal Paydown - FN MA3960 - FN (31418DMJ8) 350286 1,002,802.95 08/25/2023 In 146.61 Coupon - FN MA4383 - FN (31418D2R2) 350286 1,003,670.64 08/25/2023 In 867.69 Principal Paydown - FN MA4383 - FN (31418D2R2) 350286 1,003,911.73 08/25/2023 In 241.09 Coupon - FN MA4398 - FN (31418D3G5) 350286 1,004,817.27 08/25/2023 In 905.54 Principal Paydown - FN MA4398 - FN (31418D3G5) 350286 1,005,346.04 08/25/2023 In 528.77 Coupon - FN MA4414 - FN (31418D3Y6) 350286 1,006,977.93 08/25/2023 In 1,631.89 Principal Paydown - FN MA4414 - FN (31418D3Y6) 350286 1,007,154.79 08/25/2023 In 176.86 Coupon - FN MA4475 - FN (31418D6M9) 350286 1,007,813.63 08/25/2023 In 658.84 Principal Paydown - FN MA4475 - FN (31418D6M9) 350286 1,008,064.38 08/25/2023 In 250.75 Coupon - FN MA4492 - FN (31418D7E6) 350286 1,008,842.00 08/25/2023 In 777.62 Principal Paydown - FN MA4492 - FN (31418D7E6) 350286 1,008,943.07 08/25/2023 In 101.07 Coupon - FN MA4562 - FN (31418EB82) 350286 1,009,226.07 08/25/2023 In 283.00 Principal Paydown - FN MA4562 - FN (31418EB82) 350286 1,009,470.35 08/25/2023 In 244.28 Coupon - FN MA4978 - FN (31418EQ86) 350286 1,009,767.90 08/25/2023 In 297.55 Principal Paydown - FN MA4978 - FN (31418EQ86) 350286 1,010,142.90 08/28/2023 In 375.00 Coupon - FEDERAL HOME LOAN BANKS - FHLB (3130AJZ36) 350286 1,013,742.90 08/31/2023 In 3,600.00 Coupon - UNITED STATES TREASURY - T (91282CGP0) 350286 1,017,668.90 09/01/2023 In 3,926.00 Money Market Funds - ALLSPRING:GOVT MM I - GVIXX (94975P405) 350286 1,019,068.90 09/01/2023 In 1,400.00 Coupon - ESSEX PORTFOLIO LP - ESS (29717PAT4) Cash Ledger CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 31 Page 310 Account ID Principal Balance Date In or Out Amount Description 350286 1,021,241.40 09/01/2023 In 2,172.50 Coupon - MAGELLAN MIDSTREAM PARTNERS LP - MMP (559080AP1) 350286 1,027,879.98 09/01/2023 In 6,638.58 Open-End Fund Payment - VANGUARD HY CORP ADM - VWEAX (922031760) 350286 1,029,529.98 09/11/2023 In 1,650.00 Coupon - WELLS FARGO & CO - WFC (94974BGA2) 350286 1,030,545.61 09/12/2023 In 1,015.63 Coupon - FEDERAL HOME LOAN BANKS - FHLB (3130AJ4B2) 350286 1,032,995.61 09/15/2023 In 2,450.00 Coupon - CARDINAL HEALTH INC - CAH (14149YBD9) 350286 1,033,159.35 09/15/2023 In 163.74 Coupon - FH C91270 - FG (3128P7MT7) 350286 1,033,811.31 09/15/2023 In 651.96 Principal Paydown - FH C91270 - FG (3128P7MT7) 350286 1,034,031.10 09/15/2023 In 219.79 Coupon - FH G08722 - FG (3128MJYU8) 350286 1,034,797.47 09/15/2023 In 766.37 Principal Paydown - FH G08722 - FG (3128MJYU8) 350286 1,034,807.38 09/15/2023 In 9.91 Coupon - FH G14203 - FG (3128MC3L7) 350286 1,034,978.34 09/15/2023 In 170.96 Principal Paydown - FH G14203 - FG (3128MC3L7) 350286 1,035,087.99 09/15/2023 In 109.65 Coupon - FH G16255 - FG (3128MFE46) 350286 1,036,034.83 09/15/2023 In 946.84 Principal Paydown - FH G16255 - FG (3128MFE46) 350286 1,036,145.97 09/15/2023 In 111.14 Coupon - FH G61893 - FG (31335CC69) 350286 1,036,575.31 09/15/2023 In 429.34 Principal Paydown - FH G61893 - FG (31335CC69) 350286 1,036,687.18 09/15/2023 In 111.87 Coupon - FH J30401 - FG (31307LNS3) 350286 1,037,559.53 09/15/2023 In 872.35 Principal Paydown - FH J30401 - FG (31307LNS3) 350286 1,037,893.54 09/15/2023 In 334.01 Coupon - FH V80057 - FG (3132L5B28) 350286 1,039,151.90 09/15/2023 In 1,258.36 Principal Paydown - FH V80057 - FG (3132L5B28) 350286 1,041,376.90 09/15/2023 In 2,225.00 Coupon - SYSCO CORP - SYY (871829BH9) 350286 1,040,925.15 09/20/2023 Out -451.75 Custody Fee - ADMINISTRATIVE FEE/EXPENSE CUSTODIAN FEE-PRIN 350286 1,081,175.91 09/21/2023 In 40,250.76 Corporate Action Sell - CENOVUS ENERGY INC - CVECN (15135UAP4) 350286 1,091,069.91 09/21/2023 In 9,894.00 Equity Dividend - FLEXSHS:STOXX GL BRD INF - NFRA (33939L795) 350286 1,093,426.59 09/22/2023 In 2,356.68 Equity Dividend - CORE ALTERNATIVE - CCOR (53656F847) 350286 1,097,176.44 09/22/2023 In 3,749.85 Equity Dividend - JPMORGAN:BB MSCI US REIT - BBRE (46641Q738) 350286 1,085,954.08 09/22/2023 Out -11,222.36 Buy - UNITED STATES TREASURY - T (912810TT5) 350286 1,066,821.71 09/22/2023 Out -19,132.37 Buy - UNITED STATES TREASURY - T (91282CHT1) 350286 1,084,689.24 09/22/2023 In 17,867.53 Sell - UNITED STATES TREASURY - T (912810TQ1) 350286 1,084,761.63 09/25/2023 In 72.39 Coupon - FH QA5517 - FR (3133A0DW1) 350286 1,085,022.52 09/25/2023 In 260.89 Principal Paydown - FH QA5517 - FR (3133A0DW1) 350286 1,085,514.40 09/25/2023 In 491.88 Coupon - FH QC4235 - FR (3133ANV43) 350286 1,085,996.08 09/25/2023 In 481.68 Principal Paydown - FH QC4235 - FR (3133ANV43) 350286 1,086,150.46 09/25/2023 In 154.38 Coupon - FH QE9566 - FR (3133BKTX7) 350286 1,086,459.74 09/25/2023 In 309.28 Principal Paydown - FH QE9566 - FR (3133BKTX7) Cash Ledger CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 32 Page 311 Account ID Principal Balance Date In or Out Amount Description 350286 1,086,550.79 09/25/2023 In 91.05 Coupon - FH RA1343 - FR (3133KGP44) 350286 1,086,897.37 09/25/2023 In 346.58 Principal Paydown - FH RA1343 - FR (3133KGP44) 350286 1,087,062.62 09/25/2023 In 165.25 Coupon - FH RA4518 - FR (3133KLAT4) 350286 1,088,127.82 09/25/2023 In 1,065.20 Principal Paydown - FH RA4518 - FR (3133KLAT4) 350286 1,088,628.13 09/25/2023 In 500.31 Coupon - FH RA8415 - FR (3133KQK47) 350286 1,089,710.84 09/25/2023 In 1,082.71 Principal Paydown - FH RA8415 - FR (3133KQK47) 350286 1,089,851.02 09/25/2023 In 140.18 Coupon - FH RB5095 - FR (3133KYUU1) 350286 1,090,494.09 09/25/2023 In 643.07 Principal Paydown - FH RB5095 - FR (3133KYUU1) 350286 1,090,620.00 09/25/2023 In 125.91 Coupon - FH SB8503 - FR (3132D6NU0) 350286 1,091,496.42 09/25/2023 In 876.42 Principal Paydown - FH SB8503 - FR (3132D6NU0) 350286 1,091,554.51 09/25/2023 In 58.09 Coupon - FH SD1884 - FR (3132DPCV8) 350286 1,091,630.76 09/25/2023 In 76.25 Principal Paydown - FH SD1884 - FR (3132DPCV8) 350286 1,091,712.31 09/25/2023 In 81.55 Coupon - FH SD8129 - FR (3132DWA60) 350286 1,091,998.39 09/25/2023 In 286.08 Principal Paydown - FH SD8129 - FR (3132DWA60) 350286 1,092,210.99 09/25/2023 In 212.60 Coupon - FN 995373 - FN (31416BXA1) 350286 1,092,550.19 09/25/2023 In 339.20 Principal Paydown - FN 995373 - FN (31416BXA1) 350286 1,093,028.88 09/25/2023 In 478.69 Coupon - FN AJ1405 - FN (3138ASR38) 350286 1,094,864.39 09/25/2023 In 1,835.51 Principal Paydown - FN AJ1405 - FN (3138ASR38) 350286 1,095,077.49 09/25/2023 In 213.10 Coupon - FN AL3180 - FN (3138EKRA5) 350286 1,095,996.14 09/25/2023 In 918.65 Principal Paydown - FN AL3180 - FN (3138EKRA5) 350286 1,096,076.33 09/25/2023 In 80.19 Coupon - FN AS8483 - FN (3138WJM96) 350286 1,096,335.46 09/25/2023 In 259.13 Principal Paydown - FN AS8483 - FN (3138WJM96) 350286 1,096,561.61 09/25/2023 In 226.15 Coupon - FN AT2324 - FN (3138WPSN5) 350286 1,096,979.50 09/25/2023 In 417.89 Principal Paydown - FN AT2324 - FN (3138WPSN5) 350286 1,097,121.29 09/25/2023 In 141.79 Coupon - FN BD2453 - FN (3140F9WP6) 350286 1,097,434.11 09/25/2023 In 312.82 Principal Paydown - FN BD2453 - FN (3140F9WP6) 350286 1,097,540.94 09/25/2023 In 106.83 Coupon - FN BP6826 - FN (3140KESQ2) 350286 1,097,677.92 09/25/2023 In 136.98 Principal Paydown - FN BP6826 - FN (3140KESQ2) 350286 1,098,010.70 09/25/2023 In 332.78 Coupon - FN BR1668 - FN (3140KY2A1) 350286 1,098,455.55 09/25/2023 In 444.85 Principal Paydown - FN BR1668 - FN (3140KY2A1) 350286 1,098,608.71 09/25/2023 In 153.16 Coupon - FN CA7738 - FN (3140QFS42) 350286 1,099,357.89 09/25/2023 In 749.18 Principal Paydown - FN CA7738 - FN (3140QFS42) 350286 1,099,494.62 09/25/2023 In 136.73 Coupon - FN CB1783 - FN (3140QL6V3) 350286 1,100,073.39 09/25/2023 In 578.77 Principal Paydown - FN CB1783 - FN (3140QL6V3) 350286 1,100,157.63 09/25/2023 In 84.24 Coupon - FN CB3918 - FN (3140QPK89) 350286 1,100,383.46 09/25/2023 In 225.83 Principal Paydown - FN CB3918 - FN (3140QPK89) 350286 1,100,443.92 09/25/2023 In 60.46 Coupon - FN FS0822 - FN (3140XF4G3) Cash Ledger CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 33 Page 312 Account ID Principal Balance Date In or Out Amount Description 350286 1,100,738.29 09/25/2023 In 294.37 Principal Paydown - FN FS0822 - FN (3140XF4G3) 350286 1,100,876.96 09/25/2023 In 138.67 Coupon - FN MA2930 - FN (31418CHG2) 350286 1,101,156.69 09/25/2023 In 279.73 Principal Paydown - FN MA2930 - FN (31418CHG2) 350286 1,101,217.46 09/25/2023 In 60.77 Coupon - FN MA3276 - FN (31418CUA0) 350286 1,101,412.92 09/25/2023 In 195.46 Principal Paydown - FN MA3276 - FN (31418CUA0) 350286 1,101,524.65 09/25/2023 In 111.73 Coupon - FN MA3305 - FN (31418CU77) 350286 1,101,840.03 09/25/2023 In 315.38 Principal Paydown - FN MA3305 - FN (31418CU77) 350286 1,101,877.44 09/25/2023 In 37.41 Coupon - FN MA3638 - FN (31418DBG6) 350286 1,101,953.09 09/25/2023 In 75.65 Principal Paydown - FN MA3638 - FN (31418DBG6) 350286 1,102,005.37 09/25/2023 In 52.28 Coupon - FN MA3834 - FN (31418DHL9) 350286 1,102,191.19 09/25/2023 In 185.82 Principal Paydown - FN MA3834 - FN (31418DHL9) 350286 1,102,247.71 09/25/2023 In 56.52 Coupon - FN MA3871 - FN (31418DJR4) 350286 1,102,425.00 09/25/2023 In 177.29 Principal Paydown - FN MA3871 - FN (31418DJR4) 350286 1,102,485.74 09/25/2023 In 60.74 Coupon - FN MA3960 - FN (31418DMJ8) 350286 1,102,669.89 09/25/2023 In 184.15 Principal Paydown - FN MA3960 - FN (31418DMJ8) 350286 1,102,815.06 09/25/2023 In 145.17 Coupon - FN MA4383 - FN (31418D2R2) 350286 1,103,712.45 09/25/2023 In 897.39 Principal Paydown - FN MA4383 - FN (31418D2R2) 350286 1,103,952.03 09/25/2023 In 239.58 Coupon - FN MA4398 - FN (31418D3G5) 350286 1,104,778.20 09/25/2023 In 826.17 Principal Paydown - FN MA4398 - FN (31418D3G5) 350286 1,105,303.57 09/25/2023 In 525.37 Coupon - FN MA4414 - FN (31418D3Y6) 350286 1,107,283.20 09/25/2023 In 1,979.63 Principal Paydown - FN MA4414 - FN (31418D3Y6) 350286 1,107,458.69 09/25/2023 In 175.49 Coupon - FN MA4475 - FN (31418D6M9) 350286 1,108,216.41 09/25/2023 In 757.72 Principal Paydown - FN MA4475 - FN (31418D6M9) 350286 1,108,465.86 09/25/2023 In 249.45 Coupon - FN MA4492 - FN (31418D7E6) 350286 1,109,221.76 09/25/2023 In 755.90 Principal Paydown - FN MA4492 - FN (31418D7E6) 350286 1,109,322.36 09/25/2023 In 100.60 Coupon - FN MA4562 - FN (31418EB82) 350286 1,109,608.60 09/25/2023 In 286.24 Principal Paydown - FN MA4562 - FN (31418EB82) 350286 1,109,851.64 09/25/2023 In 243.04 Coupon - FN MA4978 - FN (31418EQ86) 350286 1,110,218.91 09/25/2023 In 367.27 Principal Paydown - FN MA4978 - FN (31418EQ86) 350286 1,112,168.91 09/25/2023 In 1,950.00 Coupon - INTEL CORP - INTC (458140BR0) 350286 1,117,949.47 09/27/2023 In 5,780.56 Equity Dividend - PACER INDUSTRIAL RE - INDS (69374H766) 350286 1,119,146.31 09/27/2023 In 1,196.84 Equity Dividend - PACER US SC CSH CWS 100 - CALF (69374H857) 350286 1,069,710.46 09/28/2023 Out -49,435.85 Buy - UNITED STATES TREASURY - T (91282CHX2) 350286 1,158,102.80 09/29/2023 In 88,392.34 Sell - BLACKROCK:SYS MLTI STR I - BIMBX (09260C307) 350286 1,189,489.13 09/29/2023 In 31,386.33 Sell - CORE ALTERNATIVE - CCOR (53656F847) 350286 1,140,272.90 09/29/2023 Out -49,216.23 Buy - FLEXSHS:STOXX GL BRD INF - NFRA (33939L795) Cash Ledger CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 34 Page 313 Account ID Principal Balance Date In or Out Amount Description 350286 1,169,947.16 09/29/2023 In 29,674.26 Sell - INDEXIQ:HDG MLT-STR TRCK - QAI (45409B107) 350286 542,008.77 09/29/2023 Out -627,938.39 Buy - INVESCO S&P MIDCAP QLTY - XMHQ (46137V472) 350286 499,184.90 09/29/2023 Out -42,823.87 Buy - ISHARES:CORE MSCI EAFE - IEFA (46432F842) 350286 487,697.10 09/29/2023 Out -11,487.80 Buy - ISHARES:CORE MSCI EMMKTS - IEMG (46434G103) 350286 1,029,794.99 09/29/2023 In 542,097.89 Sell - ISHARES:CORE S&P MD-CP - IJH (464287507) 350286 980,367.35 09/29/2023 Out -49,427.64 Buy - ISHARES:CORE S&P SM-CP - IJR (464287804) 350286 962,125.60 09/29/2023 Out -18,241.75 Buy - JPMORGAN:BB MSCI US REIT - BBRE (46641Q738) 350286 948,385.29 09/29/2023 Out -13,740.31 Buy - PACER INDUSTRIAL RE - INDS (69374H766) 350286 958,154.94 09/29/2023 In 9,769.65 Sell - PACER US SC CSH CWS 100 - CALF (69374H857) 350286 916,236.76 09/29/2023 Out -41,918.18 Buy - SPDR S&P 500 ETF - SPY (78462F103) 350286 944,429.76 09/29/2023 In 28,193.00 Sell - VANGUARD HY CORP ADM - VWEAX (922031760) 350286 944,429.76 09/30/2023 ------Ending Balance Cash Ledger CITY OF KENAI PERMANENT FUNDS (350286) 07/01/2023 - 09/30/2023 Return to Table of Contents Dated: 11/16/2023 35 Page 314 Cook Inlet Regional Citizens Advisory Council (CIRCAC) met for their yearly meeting in Anchorage on November 30th and December 1st. Thursday, members of the Council and staff toured the Municipality of Anchorage’s Emergency Oper- ations Center. Office of Emergency Management Director Amanda Loach, Planning Programs Man- ager Sean MacKenzie, and Response Programs Manager Andy Preis gave a presentation about the city’s response to the 2018 earthquake and the changes made in planning and response strategies following that event. The team also gave an update on the state’s tsunami maps and other warning criteria, followed by a tour of the working facility. We appreciate the opportunity to meet and dialogue with response leaders throughout our area of concern and thank the team at Anchorage OEM for their time. Friday the full Council held its regular meeting at the BP Energy Center. Kara Kusche, Prevention and Technical Support Section Manager for the Alaska Department of Environmental Conservation’s (ADEC) Spill Prevention and Response (SPAR) Division presented to the Council. ADEC has updated some internal policies, like adopting e-signing and Kusche noted recent adoption of updated financial responsibility regulations. The Council also received a Department staffing update. A number of pro- gram directors and managers in key leadership roles have left the Department recently and while we trust that ADEC is making every effort to fill those positions with qualified personnel in an expedient manner, we remain concerned about the state’s ability to respond to a large-scale incident in the face of this continued staff turnover issue. On the Federal side, we heard a presentation from Capt. John Cole, United States Coast Guard, who gave an operational update on the Coast Guard’s Arctic Shield 2023 program that included a re- sponse exercise in the Bering Sea. Capt. Cole also talked about the Coast Guard’s plans to enhance its response capabilities in 2024 while noting that USCG staff continue handling more search and rescue and medical evacuations in rural Alaska. We also heard a presentation from Captain Jeff Brue, Global Marine Operations Manager for Mar- athon Petroleum. We appreciate Marathon’s continued commitment to operational safety in Cook Inlet, as highlighted by its positive partnerships with both other industry operators and the region’s response community. The Council also thanks our colleagues at Prince William Sound RCAC for hosting our board mem- bers and staff at its annual Science Night and Holiday party. The Council is scheduled to meet next April in Kenai. John Williams, Vice President, representing the City of Kenai Update from the Board of Directors Cook Inlet Regional Citizens Advisory Council Page 315 DECEMBER 20, 2023 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY Add to Item H. 3. *Action/Approval - Special Use Permit to Beacon Occupational Health and Safety Services • Commission Recommendation Memo Administration Add Item H. 14. *Action/Approval - Letter Supporting KPEDD’s Application to EDA for a Three-Year Partnership Planning Program. Administration MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: December 15, 2023 SUBJECT: Action/Approval- Special Use Permit for Beacon Occupational Health and Safety Services for use of office space at the Alaska Regional Fire Training Facility The Beacon Special Use Permit that expires on December 31st, 2023 was reviewed at the December 14, 2023 Airport Commission meeting. Airport Commission unanimously recommends Council approve the Special Use Permit to Beacon on a month to month basis commencing on Jan 1st, 2024. Thank you for your consideration. December 20, 2023 Economic Development Administration 915 Second Avenue, Room 1890 Seattle, WA 98174 RE: KPEDD’S EDA FY2024-FY2026 Partnership Planning Program To the EDA Application Review Committee, The City of Kenai is pleased to support the Kenai Peninsula Economic Development District’s (KPEDD’s) application for the three-year Partnership Planning Program. KPEDD has historically led the planning process and development of the regional Comprehensive Economic Development Strategy (CEDS), incorporating the goals and priorities of the municipalities, Tribes, businesses, and non-profit organizations in the region. KPEDD is a proven partner who has continually advocated for our needs and supported our development goals. As the City Manager, having the City’s voice heard during the establishment of the regionally driven economic development planning process is critical to support our programs, funding requests, and focus efforts based on current needs and opportunities. The CEDS works to promote regional continuity, outline roles and responsibilities, unite user groups, make development and program decisions based on accurate regional data, increase return on investment for investment funding, and tailored workforce training based on current and emerging industries. For these reasons, it is with great pleasure that the City offer its support of KPEDD’s application to continue implementing the goals identified by our region and spearhead the new CEDS project during the 2026 fiscal year. We offer our continued support of the project and look forward to partnering with their team again during the project period. Thank you for your time and consideration. Respectfully, Terry Eubank City Manager City of Kenai Kenai City Council - Regular Meeting Page 1 of 3 December 20, 2023 Kenai City Council - Regular Meeting December 20, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items 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 ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) 1. Services Provided by the LeeShore Center, Cheri Smith, Executive Director D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. ENACTED WITHOUT OBJECTION. Ordinance No. 3381-2023 - Repealing Kenai Municipal Code Appendices - Public Record Inspection Regulations, Repealing Kenai Municipal Code Chapter 10.40 - Release of Public Records and Re-Enacting Kenai Municipal Code 10.40 - Access to Public Records. (Baisden) 2. ENACTED WITHOUT OBJECTION. Ordinance No. 3382-2023 - Amending Kenai Municipal Code Chapter 7.05 Taxation of Real and Personal Property to Provide an Exemption on the First $100,000 of Assessed Valuation Other Than Motor Vehicles and Watercraft Owned by Each Taxpayer and Making Housekeeping Changes. (Gabriel, Knackstedt, Baisden, Daniel, Askin, Sounart, Douthit) 3. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-66 - Adopting an Alternative Allocation Method for the FY24 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Fisheries Management Area 14: Cook Inlet Area. (Administration) 4. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-67 - Authorizing a Contract Award and Corresponding Purchase Order for the 2023 Community Wildfire Protection Plan Mitigation Phase Two Project. (Administration) Kenai City Council - Regular Meeting Page 2 of 3 December 20, 2023 5. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-68 - Declaring a Portion of Outside Way as Dedicated on Townsite of Kenai (US Survey 2970) is No Longer Needed for a Public Purpose and Consenting to Vacation of the Right-Of-Way. (Administration) 6. ADOPTED WITHOUT OBJECTION. Resolution No. 2023-69 - Naming the Dedicated Right- Of-Way on the Preliminary Plat for Kenai Townsite Oiler’s 2024 Addition “Oiler’s Street.” (Administration) F. MINUTES 1. *Regular Meeting of November 15, 2023. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Special Use Permit to Beacon Occupational Health and Safety Services for Use of Office Space at the Alaska Regional fire Training Facility. (Administration) 4. *Action/Approval - Special Use Permit to Alaska Sure Seal for Snow Storage. (Administration) 5. *Action/Approval - Special Use Permit to Schillings Alaska, Inc. for Snow Storage. (Administration) 6. *Action/Approval - Confirmation of Mayoral Nominations for Partial Term Appointments to the Council on Aging and Beautification Committee. (Gabriel) 7. *Ordinance 3383-2023 - Amending the Official Zoning Map by Rezoning all Parcels within the Letzing 1985 Subdivision (Plat No. 85-55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) Zoning District. (Administration) 8. *Ordinance 3384-2023 - Cancelling Previously Appropriated Projects, Authorizing a Transfer of Funds from the Wastewater Facility Capital Project Fund to the Water and Sewer Capital Project Fund and Appropriating Supplemental Funds for the Construction of a New Water Pump House at the City’s Water Treatment Facility. (Administration) 9. APPROVED WITHOUT OBJECTION. Action/Approval - Authorizing Memorandum of Agreement with the Kenai Peninsula Borough for Tourism Promotion. (Administration) 10. WORK SESSION SCHEDULED FOR 4:30 P.M. ON 1/3/2024. Discussion - Schedule a Budget Goals Work Session. (Administration) 11. WORK SESSION SCHEDULED FOR 4:30 P.M. ON 1/17/2024. Discussion - Scheduling a CIP Work Session. (Administration) 12. WORK SESSION SCHEDULED FOR 6:00 P.M. ON 1/18/2024. Discussion - Scheduling a Joint Work Session with Kenaitze Indian Tribe. (Administration) 13. Discussion/Action - Virtual Meeting Participation. (City Clerk) 14. ADDED DURING LAYDOWN AND APPROVED BY THE CONSENT AGENDA. *Action/Approval - Letter Supporting KPEDD’s Application to EDA for a Three-Year Partnership Planning Program. Kenai City Council - Regular Meeting Page 3 of 3 December 20, 2023 I. 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 J. REPORT OF THE MAYOR 1. Proclamation in Recognition of Kenai Central High School Football Team as the Alaska Division III State Champions for the Year 2023. 2. Proclamation in Recognition of Kenai Central High School Girls Varsity Volleyball Team as the Alaska Division 3A State Girls Champions for the Year 2023. 3. Southcentral Mayors' Energy Coalition K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS 1. CIRCAC Director's Report 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 OR https://us02web.zoom.us/j/82836698462 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 828 3669 8462 Passcode: 010611 Meeting ID: 828 3669 8462 Passcode: 010611