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HomeMy WebLinkAbout2017-11-01 Council Packet Kenai City Council Meeting Page 1 of 3 November 1, 2017 KENAI CITY COUNCIL – REGULAR MEETING NOVEMBER 1, 2017 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Recognition of Volunteer Services for Tim Wisniewski 5. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2990-2017 – Waiving the Requirements of KMC 17.10.010, Mandatory Connection and Abandonment of Old Well and KMC 17.20.010, Mandatory Connections and Abandonment of Old On-Site Sewer Systems for Lot 7A Block 1 Bridge Road Subdivision Lockwood Addition. ..................................................... Pg. 4 2. Resolution No. 2017-67 – Conditionally Protesting the Transfer of Ownership of Beverage Dispensary Liquor License No. 3039, from Mad Moose Bar and Grill, LLC, Located at 205 South Willow Street, Kenai AK, 99611 to Don Jose’s, LLC Located at 205 South Willow Street, Kenai, AK, 99611. ......................................................Pg. 11 E. MINUTES 1. *Regular Meeting of October 19, 2017 ............................................................... Pg. 24 F. UNFINISHED BUSINESS – None. The Kenai City Council will convene into a work session at 5:00 p.m. to be trained on the iLegislate Mobile Device Application. Kenai City Council Meeting Page 2 of 3 November 1, 2017 G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ............................................................Pg. 33 2. *Ordinance No. 2991-2017 – Amending Various Sections of KMC Title 23-Personnel Regulations, to Provide for ‘Seasonal Employees’ which are Not Currently Addressed in the Kenai Municipal Code. .............................................................................Pg. 34 3. Action/Approval – Special Use Permit to Alaska Air Fuel for Parking on the Apron. ........................................................................................................................ Pg. 41 4. Action/Approval – Set a Work Session for Land Sale and Leasing Policies and Practices. ...........................................................................................................Pg. 51 5. Action/Approval – Mayoral Nomination and Council Confirmation to Appoint Applicants to Committee/Commission Vacancies. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission ......................................................................................... Pg. 54 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission ................................................................... Pg. 57 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager ................................................................................................... Pg. 60 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. Discussion - Update on the Status of Property Acquisition for the Bluff Erosion Project, a Matter of which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City, and a Matter by which Law, Municipal Charter, or Ordinance are Required to be Confidential Pursuant to AS 44.62.310(c)(1)(3). M. PENDING ITEMS – None. Kenai City Council Meeting Page 3 of 3 November 1, 2017 N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2990-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING THE REQUIREMENTS OF KMC 17.10.010-MANDATORY CONNECTION AND ABANDONMENT OF OLD WELL, AND KMC 17.20.010-MANDATORY CONNECTIONS AND ABANDONMENT OF OLD ON-SITE SEWER SYSTEMS, FOR LOT 7 A BLOCK 1 BRIDGE ROAD SUBDIVISION LOCKWOOD ADDITION. WHEREAS, Lot 7 A Block 1 Bridge Road Subd ivi sion Lockwood Addition is adjacent with the Cook Inlet Natural Gas Storage Alaska (CINGSA) facility; and , WHEREAS, the high pressure gas lines associated with that facility are buried in the right of way between Lot 7 Block 1 Bridge Road Subdivision and the City of Kenai water and sewer mains ; and, WHEREAS, because of the expense and complexity of installing water and sewer service lines under the high pressure gas lines, Sean Cude, OBA Kenai Self Storage has requested an exception to the requirements of KMC 17.10.010 and KMC 17.20.010 which require a connection to City Mains; and , WHEREAS, if the exception is granted , Mr. Cude has offered to pay a monthly fee equal to the amount he would pay if his business was connected to the City water and sewer systems to offset the loss of revenue the City would have received through water and sewe r payments meeting the intent of the code provisions being waived to help the City recoup the costs associated with its main line e xtensions . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows: Section 1. Form: That this is a non-code ordinance . Section 2. The requirements of KMC 17.10 .010 and KMC 17.20.010 are hereby waived for Lot 7 A Block 1 Bridge Road Subdivision Lockwood Addition. Section 3. Sean Cude , OBA Kenai Self Storage will pay the City a monthly fee of $116.21 and the City Manager is authorized to execute an agreement memorializing the same Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or c ircumstances 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 . New Text Underl ined ; [DELETED TEXT BRACKETED] 4 Ordinance No. *-2017 Page 2 of 2 Section 5. Effective Date: That pursuant to KMC 1.1 5 .070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , this 1st day of November, 2017. ATTEST: Jamie Heinz, City Clerk BRIAN GABRIEL SR., MAYOR Introduced : October 19, 2017 Enacted: November 1, 2017 Effective : December 1, 2017 New Text Underlined; [DELETED TEXT BRACKETED] 5 'litflate «J/t~ a Pa~~ e~ «J/'t~ a f°atfV'e II 210 Fidalgo Ave , Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax : (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE : SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager \7 c..? . October 11, 2017 Ordinance 2990-2017 Waiving KMC 17.10.010 and KMC 17.20.010 for Lot 7 A Block 1 Bridge Road Subdivision Lockwood Addition Sean Cude , OBA Kenai Self Storage approached the City to request the waiver of two provisions of code, KMC 17.10.01 O -Mandatory Connection and Abandonment of Old Well , and KMC 17.20.010-Mandatory Connections and Abandonment of Old On-Site Sewer Systems. The request was for Lot 7 A Block 1 Bridge Road Subdivision Lockwood Addition. Kenai Self Storage is located on this parcel. Mr. Cude has upgraded the area above the office and needs water to the site . He has proposed to install a well on the property and utilize an existing sewer system to support the upgraded area . The Cook Inlet Natural Gas Storage Alaska (CINGSA) facility is located adjacent to the property and high pressure gas lines associated with the facility fall in the right of way between the property and the City sewer and water mains . Their location significantly increases the e xpense and complexity of installling water and sewer service line s to the property. This si t uation is unique to this property. This ordinance will wai ve the pro visions of KMC 17 .10.010 and KMC 17.20.010 and charge Mr. Cude $116.21 per month ; the same amount as if the property was connected to the City water and sewer main . This structure will help recoup the costs associated with the City main line extensions while avoiding e xc essive costs for Mr. Cude . An agreement will be drafted and recorded that will assure that this agreement will go with the property if ownership changes . Your consideration is appreciated . 6 Page 1 of 3 CITY OF KENAI WATER AND SEWER WAIVER AGREEMENT This Water and Sewer Waiver Agreement is agreed to by and between Kenai Mini Storage, Inc., an Alaska Business Corporation, whose Address is 42115 Kalifornsky Beach Road, Suite B, Soldotna, Alaska 99669 and the CITY OF KENAI, an Alaskan home rule municipality with an address of 210 Fidalgo Avenue, Kenai, AK 99611. Pursuant to Ordinance No. 2990-2017, the Kenai City Council agrees to waive the mandatory water and sewer connection requirements as they now exist in KMC 17.10.010 and KMC 17.20.010 for the following described property: Lot 7A Block 1 Bridge Road Subdivision Lockwood Addition, according to the Official Plat Thereof, filed under Plat No. 2004-18, records of the Kenai Recording District, Third Judicial District, State of Alaska on the condition and for the consideration that Kenai Mini storage Inc., its successors and assigns, agree to pay the monthly water and sewer fees as if such connections did exist and were utilized. Included in this agreement is the right of the City to lien the property as if such water and sewer services were connected and provided if any payment is not made. This Agreement, runs with the land, and burdens the land, and shall continue in time until water and sewer services are no longer offered by the City or its successors and assigns, or the City’s Ordinances are changed in a manner that make this agreement no longer applicable, or the agreement is mutually rescinded by the parties hereto or heirs, successors or assigns of the same. This Agreement is effective as of the date of the last signature. GRANTOR: GRANTEE: 7 Page 2 of 3 (Corp. Name) City of Kenai By: Signature Date Paul Ostrander Date By: Its: City Manager (Print Name) Its: ACKNOWLEDGEMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ____ day of _________________, 20___, by ___________________________________ (Name), _________________________ (Title), of the _____________________ Corporation, on behalf of the Corporation. Notary Public for the State of Alaska My Commission Expires: 8 Page 3 of 3 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of _________________, 20___, Paul Ostrander, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for the State of Alaska My Commission Expires: ATTEST: ____________________________ City Clerk SEAL: APPROVED AS TO FORM: _________________________ Scott Bloom, City Attorney AFTER RECORDING RETURN TO: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 9 "Vdl~e with a Past City with a Future" 210 Fidalgo Avenue, Kenai , Alaska 99611-7794 Telephone : 907-283-7535 I Fa x: 907-283-3014 www.kenai.city MEMORANDUM TO : FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager 1>·?~, i>O. October 25, 2017 Ordinance No. 2990-2017 -Waiving Requi remen ts The purpose of this memo is to provide the following amended language for purposes of clarification . Section 3 of Ordinance No. 2990-2017 should be modified to read "Sean Cude, OBA Kena i Self Storage and/or Kenai Mini Storage, Inc. will pay the City a monthly fee equivalent to the rate for an office building with single owner and a single business in perpetuity, and the City Manager is authorized to execute an agreement memorializing the same." It is requested a Council Member move to amend the Ordinance as stated above. Your consideration is appreciated. 10 _____________________________________________________________________________________ Sponsored by: City Clerk CITY OF KENAI RESOLUTION NO. 2017-67 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONDITIONALLY PROTESTING THE TRANSFER OF OWNERSHIP OF BEVERAGE DISPENSARY LIQUOR LICENSE NO. 3039, FROM MAD MOOSE BAR AND GRILL, LLC, LOCATED AT 205 SOUTH WILLOW STREET, KENAI AK, 99611 TO DON JOSE’S, LLC LOCATED AT 205 SOUTH WILLOW STREET, KENAI, AK, 99611. WHEREAS, application has been made with the Alaska Alcohol and Marijuana Control Office (AMCO), for consideration by the Alcohol Beverage Control Board, for the transfer of ownership of Beverage Dispensary, Liquor License No. 3039, from Mad Moose Bar and Grill, LLC to Don Jose’s, LLC located at 205 South Willow Street, Kenai, Alaska 99611; and WHEREAS, the City Council must enter any protest to the AMCO within 60 days following receipt of the application; and, WHEREAS, the Kenai City Clerk’s Office received a copy of this application on October 5, 2017 and has determined that the last day for the Council to file a protest is December 4, 2017; and WHEREAS, the Council Meeting on November 1, 2017 is the last scheduled regular meeting of the City Council prior to the expiration of the protest period; and WHEREAS, the City Clerk reports the following status concerning this location: 1. Certification from the Legal Department has been received; and 2. Certification from the Police Department has been received; and 3. Certification from the Lands Department has been received; and 4. Certification from the Planning Department has been received; and 5. Certification from the Kenai Peninsula Borough has not been received and $1,835.48 in sales tax returns remain outstanding; and 6. There are no other financial obligations owed to the City of Kenai; and WHEREAS, protest by the City Council is in order, pending Council confirmation, that outstanding items are required to be completed for this location. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council hereby enters its CONDITIONAL PROTEST for the transfer of ownership of Beverage Dispensary Liquor License No. 3039, until these conditions are met: • Certification from the Kenai Peninsula Borough that the $1,835.48 in outstanding sales tax returns have been paid. Section 2. That a copy of this Resolution may be presented to the AMCO as proof that the Kenai City Council, as the local governing body, has stated its protest in order to allow the Director 11 Resolution No. 2017-67 Page 2 of 2 of AMCO to hold processing of the transfer of ownership of Liquor License No. 3039 under local protest, until receipt by the Director of confirmation from the City Clerk that the conditions in Section 1 have been met, and this protest is lifted as authorized by this Resolution. Section 3. That the Kenai City Council here by authorizes the City Clerk, upon the City Clerk’s confirmation that all City Council conditions in Section 1 have been met, to provide written notification to the AMCO that this protest by the Kenai City Council is lifted, without further action by the City Council. Section 4. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of November, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, City Clerk 12 "Vtllaje with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO: FROM: DATE: RE: David Ross, Chief of Police Willie Anderson , Lands Manager Terry Eubank, Finance Department Scott Bloom, Legal Department Matthew Kelly, City Planner Jamie Heinz, City Clerk October 9, 2017 Liquor License Transfer of Ownership The Alcoholic Beverage Control Board has sent notification that the following applicant is seeking to transfer ownership of its Liquor License No. 3239: Applicant: Don Jose's, LLC D/B/A: Don Jose's Mexican Restaurant Current Licensee : Mad Moose Bar & Grill, LLC ~ -Cir , 1111.' 1992 Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review account(s) maintained by your department (i.e. water and sewer billings, lease/property payment history, citations, etc.) by the above reference applicant. Initial whether account(s) and/or payment plan(s) are current or delinquent. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts. Once ou have com leted our section, lease route to the next de artment. Thanks! 1. Police Department ~ J?. initials ~ve reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The ap~ca.PJ has outstanding obligations and an additional page has been attached . 2. Finance -1-'-e • initials 'ELJ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The apJllicant has outstanding obligations and an additional page has been attached . 3. L~gal >b initials 07l 1 have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. OThe applicant has outstanding obligations and an add itional page has been attached. 4~_!!Ps Management ~initials l..!1'1 have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. Orhe applicant has outst91J djng obligations and an additional page has been attached . 5. Planning and Zoning tnfL initials 'eJ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. Orhe applicant has outstan ing obligations and an additional page has been attached . Returned to Clerk's office : _(\) ____ ~......,_ ........... 13 KENAI PENINSULA BOROUGH October 23 , 2017 The Mad Moose Bar & Grill, LLC 144 North Binkley Street •Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441, Ext. 2303 PHONE: (907) 714-2303 • FAX: (907) 714-2376 www.borouQh.kenai.ak.us MIKE NAVARRE BOROUGH MAYOR Attn : James L. Merrow and Kimberly A. Merrow PO Box 2673 Kenai, AK 99611-2673 RE : NOTICE OF LIEN FOR DELINQUENT SALES TAXES -STX NO. 202709 In accordance with Alaska Statutes 29.45.650, 29 .45 .700 and Kenai Peninsula Borough Ordinance 5.18.660, a sales tax lien will be recorded against all real and personal property in SEVEN (7) days from the date of this letter if the sales tax debt for period 6/2017 is not satisfied in full. Payment in full is required with guaranteed funds by October 30, 2017. Please use the enclosed self-addressed envelope for your remittance. KENAI PENINSULA BOROUGH B~W)dr,J t. If:~ Rhond K. Krohn Property Tax and Collections Manager Enc. 14 NOTICE OF LIEN FOR DELINQUENT SALES TAXES The Mad Moose Bar & Grill, LLC PO Box 1673 Kenai, AK 99611-1673 LIEN N0.1017-084 SALES TAX ACCOUNT NO. 102709 LIEN PERIODS: 612017 The Kenai Peninsula Borough, an Alaska municipal corporation of 144 N. Binkley Street, Soldotna, Alaska 99669, claims a lien for sales tax upon and against all real and personal property of the above named debtor. This lien is filed in accordance with AS 29.45 .650 , AS 29.45.700 and KPB 5.18.660 , to secure the payment of delinquent sales taxes and the interest, penalties, fees, and administrative costs associated therewith on SALES TAX ACCOUNT NO. 202709. The principal sales tax owing is $1,585.50, plus interest of$26.42, penalties of$158.56, fees of$25.00, and administrative costs of $40.00. The total amount of this lien as of October l, 2017, is $1,835.48. The amount of interest, penalties and administrative costs will continue to increase until paid. DA TED at Soldotna, Alask ts 2 rd day of October, 2017. ryul (J)/ {. Rhonda K. Krohn Property Tax and Collections Manager ACKNOWLEDGMENT STATE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this 23rd day of October, 2017, by Rhonda K. Krohn , Property Tax and Collections Manager of the Kenai Peninsula Borough, an Alaska municipal corporation, on behalfofthe corporation. Record in the Kenai Recording District Return document to: Kenai Peninsula Borough Delinquent Accounts 144 N. Binkley St. Soldotna, AK 99669-7520 Notary Public for the State of A My commission expires: _.;..;W+.Jit!.-1+..!::..!::c...<.----- ... •! ·;~,s... OFFICIAL SEAL , ~:;.~~~ • Joanne F. Rodgers • ~~ ~.,/.: No1ary Public· Slate ol Alaska ~•-:-;";.• My Comm iss1on Expires wllh Ofhce 15 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 October 5, 2017 City of Kenai Attn: Jamie Heinz, Deputy City Clerk VIA Email: jheinz@kenai.city Cc: cityclerk@kenai.city joanne@borough.kenai.ak.us jblankenship@borough.kenai.ak.us kring@borough.kenai.ak.us License Type: Beverage Dispensary License Number: 3039 Licensee: Don Jose’s LLC Doing Business As: Don Jose’s Mexican Restaurant ☐ New Application ☒ Transfer of Ownership Application ☐ Transfer of Location Application ☐ Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491 – AS 04.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS 04.11.507. AS 04.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant’s proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov 16 Alaska Alcoholic Beverage Control Boaut __ _, Alcohol and Marijuana Co ntrol Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https ://www .commerce .ala ska.gov /web/a mco Pho ne: 907.269.0350 Form AB-01: Transfer License Application What i s this form? This transfer license application form is required fo r all individuals or ent ities seeking to apply for the transfer of own ership and/or location of an existing liquor license. Applicants should r eview Title 04 of Alaska Statutes and Chapter 304 of the Alaska Administrative Code . All fields of this form mu st b e co mpleted, per AS 04.11.260, AS 04.11.280, AS 04.11.290, and 3 AAC 304.105. This form must be completed and submitted to AMCO's m ain office, along w i th all other re quired forms and docume nts, before any license application will be consid ered complete. Section 1 -Transferor Information Ente r information fo r the current licensee and l ice nsed estab lishment. Licensee: The Mad Moose Bar&Grill LLC License#: License Type: Beverage Dispensary License Statutory Refere nce: Doing Business As: The Mad Moose Bar & Grill Premises Address: 205 S Willow St City: Kenai I State: AK Local Governing Body: Kenai Peninsula Borough Transfer Type: 0 Regular transfer D Transfer with se curity interest D Involuntary retransfer OFFICE USE ONLY Com plet e Date: Tr ansaction #: Bo ard M eet ing Date: License Ye ars: Issue Date: BRE: [Form AB-0 1) (rev 10/10/2016) I ZIP : 15'-io I 3039 AS 01 .11.090 99611 Page 1 of 7 17 Alaska Alcoholic Beverage Control Board Alco ho l an d Marijuana Contr o l Off ice 550 W i h Avenu e, Su ite 1600 Anch orage, AK 99501 alcohol .licensing@a lask a.gov https:Uwww.commerce.alaska.gov/web/am co Phon e: 90 7.269.0350 Form AB-01: Transfer License Application Section 2 -Transferee Information Ente r infor mation for th e new applicant and/or locatio n seeking to be licensed. Licensee: Don Jose's LLC Doing Business As: Don Jose's Mexican Restaurant = Premises Address: 205 S W ill ow St City: Kena i I State: IAK I ZIP: j99611 Community Council: Kenai Peninsula Borough Mailing Address: 127 W Pioneer Ave City: Homer I State: IAK I ZIP: 199603 Designated Licensee: Jose Ramos Contact Phone: 907-229-7196 I Business Phone: 1907 -235-7963 Contact Email: salmonalaska@yahoo.com Yes No Seasonal license? D 0 If "Yes", write your six -month operating period:----------- Premises to be licensed is: 0 an exist ing fa ci lity Section 3 -Premises Information D a new bui lding D a proposed build ing The next two questions must be completed by beverage dispensary (including tourism) and package store applicants only: What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the outer boundaries of the nearest school grounds? Include the unit of measu rement in our answer. , 3 (VI ; ltS What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the ublic entrance of the nearest church building? Include the unit of measurement in your answer. [Form AB-01) (rev 10/10/20 16) Page 2 of 7 18 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 Win Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Ph one: 907.269.0350 Form AB-01: Transfer License Application Section 4 -Sole Proprietor Ownership Information This section must be completed by any sole proprietor who is applying for a license. Entities should skip to Section 5. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse}. This individual is an: D applicant Oaffiliate Name: Address : City: I State: I I ZIP: I This individual is an: D applicant Oaffiliate Name: Address: City: I State: I I ZIP: I Section 5 -Entity Ownership Information This section must be completed by any entity, including a corporation, limited liability company (LLC), partnership, or limited partnership, that is applying for a li cense. Sole proprietors shou ld skip to Section 6. If more space is needed, please attach a separate sheet with the required information. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretary, and managing officer. • If the applicant is a limited liability organization , the following information must be completed for each member with an ownership interest of 10% or more, and for each manager. • If the applicant is a partnership. including a limited partnership, the follow ing information must be comp leted for each partner with an interest of 10% or more, and for each general partner. Entity Official: Jose Ramos Title(s): Member I Phone: I 907-229-7196 I %Owned: l s1 Address: 127 W Pioneer Ave City: Homer I State: IAK I ZIP: j99603 [Form AB-01} (rev 10/10/2016) Page 3 of7 19 Entity Official: Title(s): Address: City: Entity Official: Title(s): Address: City: Entity Official: Title(s): Address: City: Alaska Alcoholic Beve "e Control Bo.ard Alcohol and Marijuana Control Office 550 W i h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https ://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Form AB-01: Transfer License Application Maria C Ramos Member I Phone: 1907-229-7196 I %Owned: 149 127 W Pioneer Ave Homer I State: IAK I ZIP: 199603 I Phone: I I %Owned: j I State: I I ZIP: I I Phone: I I %Owned: I I State: I I ZIP: I This subsection must be completed by any applicant that is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations (DOC) and have a registered agent who is an individual resident of the state of Alaska. DOC Entity #: 568130 I AK Formed Date: 9/28/1995 Home State: !AK Registered Agent: Jose Ramos Agent's Phone: 907-229-7196 Agent's Mailing Address: 127 W Pioneer Ave City: Homer I State: AK ZIP: 199603 Residency of Agent: Yes No Is your co rporation or LLC's registered agent an individual resident of the state of Alaska? 00 [Form AB-01) (rev 10/10/2016) Page 4 of 7 20 Alcohol and Marijuana Contro l Office 550 W i h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce .alaska.gov/web/amco Phone: 907.269 .0350 Alaska Alcoholi~ Beverage Control Board Form AB-01 : Transfer License Application Section 6 -Other Licenses Ownership and financial interest in other alcoholic beverage businesses: Does any representative or o wne r named as a transferee in t his application have any d irect or indirect financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? Yes No 00 If "Yes", disclose which individual(s) has the financial interest, what the type of business is, and if licensed in Alaska, which license number(s) and lice nse type(s): Both Members Be v Disp -Ha rbor Grill License# 3174 Both Members Bev Disp-Don Joses Mexican Restaurant Homer License # 2252 Both Members Bev Disp-Don Joses Mexican Restaurant Anchoragelicense # 3311 Section 7 -Authorization Communication with AMCO staff: Does any person other than a lice nsee named i n thi s ap plication have authority to discuss th is lice ns e w ith AMCO staff? If "Yes", disclose the name of the individual and the reason for this authorization: Lisa Fink She is the Com pa ny Controller [Form AB-01) (rev 10/10/2016) Yes No 00 Page S of 7 21 9nt2017 IMG _2737 .j pg Alaska Alcoholic Beverage Control Board /\lcohol and Ma111uan.1 Control Olf .c~ 550 W 7'' /\venue. S111 te 1600 /\nchoracc. /\K 99•,01 :i1r~1lw1~~.e@cl.;L~k ... l'!i!.Y htt illJLy.iww . f.!l!!!!.Uf'.'iJ'..:.iJ la!.ka nQYli@.hL!illlc:.!1 Phoni-: 907 .269.0.iSO Form AB-01: Transfer Licen se Application Section 8 -Transferor Certifications Additional copies of this page may be attached, as needed, for the controlling interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling inte rest of the current licensee. I additionally certify that I, ns the cur r ent l icensee (either the sole proprietor or the contro ll ing inte rest of t he currently lice ns ed entity) have examined t his applicat ion, approve of the transfer of this license, and find the information on t hi s ap plication to be true, co rrect, and complet e. ~wJt (.; s;gne:;,::~i'~~ / ~ ~lVVOW Print ed name of transfero Su bs cribed and sworn t o before me th is S-t-l,day of J4_.LL.il vt 1 C-··--' 20Jl:_. PM--- Signatu re of Notary Pub li c -t7 Notary Pu blic in an d for th e Stat e of __tj .Q_~ -9(' __ . My commiss ion expir es: -1f,:_/_t_l._.}_zy 2 D -------------·-·----· Signature of transferor -------------·------- Printed name of tra nsferor Subscribed .:i nd sworn to h nforc me th 1~ .. _ __ da y of __ _ .. _ ., . ,20 S1gnat ur ' "' No r,iry Pu bhc --· [Form AB ·OlJ (rev 10/10/2016) Page 6 of 7 https://mail.google .co m/mail/u/O/#se arch/in%3Asent+salmonalaska%40yahoo.com/1 Sd62250be372a04?projector=1 1/1 22 Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anc horage, AK 99501 alcohol .licensing@alaska.gov https://www.c ommerce.alaska.gov/web/amco Ph one: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 9 -Transferee Certifications Read each l ine below, and then sign your initials in the box to the right of each statement: I certify that all proposed licensees (as defined in AS 04.11.260) and affiliates have been listed on this application . I certify that all proposed licensees have been listed with the Division of Corporations . I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection o r denial of this app lication o r revocatio n of any license issued. I certify that all licensees, agents, and emp loyees who sell or se rve alcoho lic beverages or check t he identification of a patron will complete an approved alco hol ser ver education course, if re quired by AS 04.21.025, an d, while selling or serving alcoholic beverages, w ill carry or have available to show a cu rrent course card or a photocopy of the card certifying completion of approved alcohol server education course, if r equir ed by 3 AAC 304.465. I agree to provide all i nformation required by the Alcoholic Beverage Cont rol Board in support of this app li cation. Initials a liqu or li cense, I declare under pena lty of perjury that I have read and am fami liar w it h AS 04 and 3 AAC 304, an d ion, i ncludi ng all accompanying schedules and st atements, is true, correct, and complete. A. Subsc ribed and sworn t o before me this l. l ,' day of _J __ J_\+f ______ _,, 20_/_·1_. I Notary Pu bl ic in and for the State of __ -'-A_.__K ______ _ My commission expires: -----'-9 .... fr_t_.'-_/_z_o_z,_u_· __ [Form AB-01) (rev 10/10/2016) Page 7 of 7 23 KENAI CITY COUNCIL – REGULAR MEETING OCTOBER 19, 2017 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on October 19, 2017, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Robert Molloy Henry Knackstedt Tim Navarre (joined the meeting at 7:00 p.m.) Jim Glendening Glenese Pettey Mike Boyle A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Certification of Election MOTION: Council Member Molloy MOVED to certify the election results of October 3, 2017 as presented and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. VOTE: There being no objection; SO ORDERED. 4. Administer Oath of Office Mayor Gabriel administered the Oath of Office to Council Member Knackstedt. 5. Agenda Approval MOTION: 24 City of Kenai Council Meeting Page 2 of 9 October 19, 2017 Council Member Molloy MOVED to approve the agenda with the requested revisions to the agenda and packet and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. 6. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS – None. C. UNSCHEDULED PUBLIC COMMENTS None. D. PUBLIC HEARINGS 1. Ordinance No. 2987-2017 – Increasing Estimated Revenues and Appropriations by Accepting and Appropriating Additional Funds from the Federal Aviation Administration for the 2016 Airfield Marking, Signage, and Crack Sealing Project. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2987-2017 and the motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Molloy, Knackstedt, Glendening, Boyle, Gabriel, Pettey NAY: 25 City of Kenai Council Meeting Page 3 of 9 October 19, 2017 MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2988-2017 – Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2988-2017 and the motion was SECONDED by Council Member Molloy. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Hilcorp was thanked for their generous donation. VOTE: YEA: Molloy, Knackstedt, Glendening, Boyle, Gabriel, Pettey NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2989-2017 – Appropriating Additional Funding From the Kenai Senior Connection, Inc. in the Senior Center Solarium Capital Project Fund for the Purchase of Blinds for the Senior Center Solarium Project. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2989-2017 and the motion was SECONDED by Council Member Knackstedt. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Senior Connection, Inc. was thanked for their donation. VOTE: YEA: Molloy, Knackstedt, Glendening, Boyle, Gabriel, Pettey NAY: MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2017-64 – Adopting a Policy Establishing Procedures for Recording City Council Meetings and Work Sessions. MOTION: 26 City of Kenai Council Meeting Page 4 of 9 October 19, 2017 Council Member Molloy MOVED to adopt Resolution No. 2017-64 and the motion was SECONDED by Council Member Boyle. Mayor Gabriel opened the public hearing. Bob McIntosh thanked Council Member Molloy for sponsoring the legislation; has asked several times over the years. He noted the possibility for different recollections from attendees and recordings could help alleviate confusion. There being no one else wishing to be heard, public comment was closed. It was noted the policy formalized the practice of recording regular meetings which was successful and adding the work sessions and joint work sessions with committees and commissions was minimal; also noted administration was left to implement what type of recording, where it was stored, and how it was provided to the public. The exceptions were also pointed out. Clarification was provided that the policy was for all Council work sessions and joint work sessions between Council and committees and commissions; that there wasn’t significant extra work or funding needed; that a device was already available should there be a meeting in another building; that the public would need to speak into a microphone in order to be recorded. Concern was expressed noting the possibility for people to be guarded in Council meetings that were recorded; it was noted that there was a hope people spoke freely even though the meeting was being recorded. It was suggested that there wasn’t a need for recording to provide for free flowing conversations and there was trust that the theme and theory of work sessions could still be captured in meeting summaries. There was suggestion that recording didn’t have an effect on comments; pointed out that no decisions were made at work sessions, but direction could be portrayed; that there was a benefit to listen at a different point in time and also to someone that couldn’t attend but was interested in the matter. It was noted that recording meetings could alleviate things said being taken out of context. It was pointed out that there wasn’t an exception for meetings held outdoors and it was suggested an amendment be made to provide for one. MOTION TO AMEND: Council Member Molloy MOVED to amend by adding the statement, “Any work session or portion thereof held outdoors may not be recorded if not practicable.” to the end of policy section 1.b. and the motion was SECONDED by Council Member Boyle. VOTE ON THE AMENDMENT: YEA: Molloy, Knackstedt, Glendening, Boyle, Gabriel, Pettey NAY: 27 City of Kenai Council Meeting Page 5 of 9 October 19, 2017 MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Molloy, Boyle, Gabriel, Pettey NAY: Knackstedt, Glendening MOTION PASSED. 5. Resolution No. 2017-65 – Authorizing the Purchase of Real Property Described as a Portion of Government Lot 7, Section 5, Township 5 North, Range 11 West, and Designated as Kenai Peninsula Parcel Number 047-119-03, from Dorothy M. Cooper, for that Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that Public Interest will not be Served by an Appraisal. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2017-65 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2017-66 – Authorizing the Purchase of Real Property Described as a Portion Government Lot 7, Section 5, Township 5 North, Range 11 West, and Designated as Kenai Peninsula Borough Parcel Number 047-119-02, from Sands BB Testamentary Trust, for the Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that Public Interest will not be Served by an Appraisal. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-66 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.*Regular Meeting of October 4, 2017 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS – None. 28 City of Kenai Council Meeting Page 6 of 9 October 19, 2017 G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. *Ordinance No. 2990-2017 – Waiving the Requirements of KMC 17.10.010, Mandatory Connection and Abandonment of Old Well and KMC 17.20.010, Mandatory Connections and Abandonment of Old On-Site Sewer Systems for Lot 7A Block 1 Bridge Road Subdivision Lockwood Addition. Introduced by the consent agenda and public hearing set for November 1, 2017. 4. Action/Approval – Mayoral Nomination and Council Confirmation of Terri Wilson to the Beautification Committee. MOTION: Council Member Molloy MOVED to confirm the nomination of Terri Wilson to the Beautification Committee and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. VOTE: There being no objections, SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No report. 2. Airport Commission – It was reported that at the October 12 meeting the Commission approved a Special Use Permit for FAA cameras on the tower; discussed refurbishing Willow Street and putting in a sign at the Field of Flowers noting it was airport owned property; next meeting November 9. 3. Harbor Commission – It was reported that at the October 9 meeting the Commission discussed creating a Harbor Master Plan; discussed inviting the Dillingham Harbormaster and stakeholders to talk about development of a purpose; discussed extending the dock; continued discussion on no-wake zone signs; next meeting November 6. 4. Parks and Recreation Commission – It was reported that there wasn’t a quorum at the October 5 meeting; next meeting November 2. 5. Planning and Zoning Commission – It was reported that at the October 11 meeting the Commission approved the transfer of a Conditional Use Permit for a restaurant and determined an application for a Conditional Use Permit for natural resource extraction needed additional information to be considered complete; next meeting October 25. 29 City of Kenai Council Meeting Page 7 of 9 October 19, 2017 6. Beautification Committee – It was reported that the October 10 did not have a quorum but discussed having an agenda item at the next meeting to move the meetings to 6:00 p.m.; next meeting January 9. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Held the October 7 Coffee with the Mayor at the Moosemeat John cabin; next will be in Council Chambers for Coffee with a Cop; • Went to the Fall Festival; very well attended; thanked 4-H for providing animals; • Attended a reception for Director Benton of the U.S. Selective Service System who was in Alaska to spread the word about selective service; • Disappointed that the Board of Fisheries scheduled their meeting for discussing finfish regulations in Anchorage. J. ADMINISTRATION REPORTS Tim Navarre joined the meeting at 7:00 pm. 1. City Manager – P. Ostrander reported on the following: • Noted Mayor Williams’ report on the restored firetruck; • Talk ed at the Unocal Retirees Luncheon; • Noted the Surplus Auction was live and online; significant interest; • Noted he would provide an update on the acquisition of property for the Bluff Erosion Project at the November 1 meeting; • Industry Outlook Forum was being held January 10; • Provided an update on the Bluff Erosion Project noting there may or may not be a meeting required prior to the decision by Washington DC; • Attending International City Management Association; Chief Ross Acting Manager; • Noted disappointment in the Board of Fisheries decision on their meeting; hopeful the Board could be talked into changing the location prior to 2020; • Provided an overview of the recent Senior Center renovations. MOTION: Council Member Navarre MOVED to direct Administration to acquire an as-built for the old City Hall and Fire Station building and the motion was SECONDED by Council Member Glendening. It was suggested that the City should have the information and it was best to have it before it snowed. 30 City of Kenai Council Meeting Page 8 of 9 October 19, 2017 Cost, funds availability, there not being a practice of having as-builts on City owned property, the Art Guild’s plans for renovations to the building, timing, the degree of survey needed, and permitting for an awning requiring the survey were topics discussed. Council Member Navarre withdrew his motion so Administration could proceed with discussions; Council Member Glendening concurred. 2. City Attorney – City Attorney S. Bloom reported that he attended the annual International Municipal Attorneys Association; expressed gratitude for the opportunity to attend noting the high caliber national experts brought in to instruct attorneys; attended sessions on public financing, economic development, home rule cities, municipal regulation of signs, and marijuana legalization. 3. City Clerk – City Clerk J. Heinz reported on the following: • Interviews for Administrative Assistant were completed; • Local Boundary Commission postponed Nikiski’s petition to incorporate for at least a year; • Kenai Peninsula Borough Mayoral Runoff election being held on October 24; Absentee and Early voting began October 16; • Provided a reminder for the Work session at 5:00 p.m. on November 1 to learn the iLegislate iPad application. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Bob McIntosh congratulated Council Members Knackstedt and Navarre on their re-election noting Council Member Navarre did good things for the City over the years. Dorene Lorenz reported the U.S. Senate passed a budget resolution, which provided an opportunity to open ANWR. 2. Council Comments Vice Mayor Navarre noted he had been travelling by bus to Valdez; apologized for being late; congratulated those elected and those that ran a good election campaign. Council Member Pettey congratulated Terri Wilson on appointment to the Beautification Committee; thanked Hilcorp and Senior Connections for their donations; encouraged voting in the Kenai Peninsula Borough runoff election. Council Member Molloy thanked outgoing KPB Mayor Navarre for his past 6 years of service to the Borough; pointed out there was always something to do in Kenai noting the recent Kenai River Marathon and Fall Festival. Council Member Glendening congratulated the re-elected councilors; attended fall festival; attended the Harbor Commission meeting and thanked the City Planner for attending and providing them with a waterfront map. Councilor Knackstedt watched the recording of the fall festival on social media noting the staff and volunteers had done a great job. 31 City of Kenai Council Meeting Page 9 of 9 October 19, 2017 L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:44 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of October 19, 2017. _____________________________ Jamie Heinz, CMC City Clerk 32 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: NOVEMBER 1, 2017 VENDOR DESCRIPTION PERS PERS INVESTMENTS VENDOR DESCRIPTION PIPER JAFFRAY U.S . GOV'T SECURITY PIPER JAFFRAY U.S. GOV'T SECURITY PI PER JAFFRAY U.S. GOVT SECURITY PIPER JAFFRAY U.S. GOVT SECURITY PIPER JAFFRAY U.S. GOVT SECURITY PIPER JAFFRAY U.S . GOVT SECURITY PIPER JAFFRAY U .S . GOVT SECURITY PIPER JAFFRAY U.S. GOV'T SECURITY Pl PER JAFFRAY U.S. GOV'T SECURITY PIPER JAFFRAY U.S . GOV'T SECURITY PIPER JAFFRAY U.S. GOV'T SECURITY PIPER JAFFRAY U.S. GOVT SECURITY PIPER JAFFRAY U.S. GOV'T SECURITY PIPER JAFFRAY U.S. GOV'T SECURITY PIPER JAFFRAY U.S. GOVT SECURITY PIPER JAFFRAY U.S . GOV'T SECURITY DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 86,320.35 MATURITY DATE AMOUNT Effect. Int. 10/27/2022 245,000.00 2.50% 12/18/2017 245,000.00 1.00% 10/18/2022 245,000.00 2 .30% 10/28/2019 245,000.00 1 .65% 10/28/2019 245,000.00 1.60% 10/28/2019 245 ,000.00 1.65% 10/28/2022 245 ,000 .00 2 .15% 10/31/2019 245 ,000.00 1.65% 10/25/2019 245,000.00 1.65% 10/24/2019 245 ,000.00 1.70% 10/25/2022 245,000.00 2.15% 0813012022 245,000 .00 2.05% 10/20/2022 245 ,000 .00 2.35% 10/27/2021 245,000.00 2.05% 10/28/2019 245,000.00 1.60% 10/18/2019 245,000.00 1.70% 33 New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2991-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING VARIOUS SECTIONS OF KENAI MUNICIPAL CODE TITLE 23-PERSONNEL REGULATIONS, TO PROVIDE FOR ‘SEASONAL EMPLOYEES’ WHICH ARE NOT CURRENTLY ADDRESSED IN THE KENAI MUNICIPAL CODE. WHEREAS, the City currently employs a number of temporary employees that perform seasonal work , however, this year the City hired two seasonal employees, who, unlike temporary employees as defined by Kenai Municipal Code, will not need to reapply for the position each year subject to performance; and, WHEREAS, pursuant to the City’s Public Employee Retirement System Participation Agreement with the state, seasonal employees will be eligible to participate in the State’s Public Employee Retirement System; and, WHEREAS, seasonal employees will be unclassified employees and will not be eligible to receive benefits received by classified employees, including health insurance and paid leave; and, WHEREAS, numerous amendments are needed to KMC Title 23-Personnel regulations, to accommodate ‘seasonal’ employees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section of the Kenai Municipal Code: 23.05.070. That Kenai Municipal Code, Section 23.05.070 - Definitions, is hereby amended as follows: 23.05.070 Definitions. As used in Title 23, the following terms shall have the meanings indicated: (a) Unclassified Service. The unclassified service shall include all elected officials, City Manager, City Attorney, City Clerk, seasonal and temporary employees. Members of boards, committees, commissions, volunteers, contractors, and consultants are not employees. (b) Classified Service. All paid employees not in the [EXEMPT] unclassified service. (c) Full-Time. Employees scheduled to work forty (40) hours per week (except certain Fire Department employees who work an average of fifty-six (56) hours per week) are considered full time. (d) Part-Time. Employees scheduled to work less than forty (40) hours per week. 34 Ordinance No. 2991-2017 Page 2 of 5 New Text Underlined; [DELETED TEXT BRACKETED] (e) Regular. Employees who have completed the probationary period. They may be assigned to work a full-time or part-time schedule. (f) Seasonal. Employees who perform seasonal work for a pre-established period of not more than six (6) months during a twelve (12)-month period. Seasonal Employees may be assigned a full time or part-time schedule and are eligible for Public Employee Retirement Benefits but are ineligible for other benefits and holiday pay. Seasonal Employees who have completed the probationary period may return to the seasonal position each season subject to performance evaluations, general conduct and discipline, personnel rules and policies of the City, layoff, reorganization and other business needs of the City. ([F]g) Temporary. Employees who are hired for a pre-established period, usually during peak workloads or for vacation relief and for not more than six (6) months. They may be as-signed to work a full-time or part-time schedule. They are ineligible for benefits and holiday pay. ([G]h) Probationary Period. Normally six (6) months, except for Police, Communications and Fire, which is normally twelve (12) months. This period can be extended up to, but no longer than, twelve (12) months and eighteen (18) months, respectively. ([H]i) Department. The smallest functional budgetary unit of the City government established by the City Council. ([I]j) Department Head. A classified employee directly responsible to the City Manager for the administration of one (1) or more departments. ([J]k) Promotion. An advancement of an employee from one (1) job classification to a higher job classification within the same department. ([K]l) Transfer. The movement of an employee from one (1) department to another department, regardless of job classification. ([L]m) General Government Employee. A City employee other than a Public Safety Employee. ([M]n) Public Safety Employee. A person employed in the Police, Fire, or Communications Department. ([N]o) Supervisor. Any person who is responsible to a higher divisional or department level of authority and who directs the work of others. ([O]p) City Manager. A person directly responsible to the City Council who is authorized and directed to exercise the powers and fulfill the duties as specified in the Charter and Municipal Code of the City of Kenai. ([P]q) City Attorney. A person directly responsible to the City Council. He or she is the chief legal advisor to the Council and all other officers, departments and agencies of the City government in matters relating to their official powers and duties. ([Q]r) City Clerk. An officer of the City, appointed by the Council, for an indefinite period of time and shall serve as clerical officer of the Council. ([R]s) Grievance. An employee’s oral or written expression of dissatisfaction with some aspect of his or her employment, a management decision affecting him or her, or an 35 Ordinance No. 2991-2017 Page 2 of 5 New Text Underlined; [DELETED TEXT BRACKETED] alleged violation of his or her rights for the purpose of attempting to gain an adjustment of said cause of dissatisfaction. Section 3. Amendment of Section of the Kenai Municipal Code: 23.30.030. That Kenai Municipal Code, Section 23.30.030 – Probationary period, is hereby amended as follows: 23.30.030 Probationary [P]Period. (a) All original appointments including those that result from transfers shall be tentative and subject to a probationary period of not less than six (6) months consecutive service, except for police, fire, and communications, which shall be normally twelve (12) months, subject to meeting criteria for certification which may be accomplished following six (6) months of service and except for seasonal employees whose probationary period is established by the term of the first season of employment. Promotional appointment probationary period shall, for all personnel, be not less than six (6) months. (b) In cases where the responsibilities of a position are such that a longer period is necessary to demonstrate an employee’s qualifications, the probationary period may be extended; however, no probationary period shall be extended beyond twelve (12) months, or eighteen (18) months for police, fire, and communications, or one additional season for seasonal employees. The employee shall be notified in writing of any extension and the reasons therefor. (c) During the first six (6) months of original probationary period, a new employee (including police, fire, and communications) shall not be eligible for annual leave benefits, but he or she shall earn annual leave credit from the first day of employment and may take leave for sickness during that period to the maximum of the amount of leave accrued. (d) Upon completion of the probationary period, [THE] employees shall be considered as having satisfactorily demonstrated qualifications for the position, shall gain regular status, one step in pay raise, and shall be so informed through his or her supervisor. The employee’s anniversary date shall be the first of the month in which the employee’s original probation ends. Employees who have gained regular status at the effective date of the ordinance codified in this section shall have their anniversary dates changed to the first of the month in which the employee’s present anniversary date falls. (e) During the probationary period, a new hire may be terminated at any time without advance notice, without cause, and without appeal. (f) In the case of promotional appointments, the promoted employee may be demoted at any time during the probationary period without appeal, provided that the probationary employee be reinstated in the class designation from which he or she was promoted, even though this necessitates the layoff of the employee occupying the position. Section 4. Amendment of Section of the Kenai Municipal Code: 23.30.040. That Kenai Municipal Code, Section 23.30.040 - Evaluation, is hereby amended as follows: 36 Ordinance No. 2991-2017 Page 2 of 5 New Text Underlined; [DELETED TEXT BRACKETED] 23.30.040 Evaluation. (a) Evaluations shall be required annually of all classified employees and after each season for seasonal employees. Supervisors shall indicate thereon his or her recommendation as to whether or not the employee should be awarded a pay raise in accordance with the City Pay Plan, KMC 23.55. (b) Approval of increment pay raises are vested in the City Manager Section 5. Amendment of Section of the Kenai Municipal Code: 23.40.010. That Kenai Municipal Code, Section 23.40.010 - General, is hereby amended as follows: 23.40.010 General. (a) All non-temporary, full-time and non-temporary part-time (fifteen (15) hours and over per week) classified employees are entitled to the following benefits, except for medical and hospital insurance which shall be available to non-temporary employees working no less than twenty-five (25) hours per week, as specified in this article. (b) An employee hired under the State of Alaska’s Mature Alaskans Seeking Skills Training (MASST) program shall receive only Social Security, Medicare (KMC 23.40.130), Workers Compensation (KMC 23.40.110) and family leave (KMC 23.40.130) benefits. The other benefits in KMC 23.40 shall not apply to persons hired under the MASST program. The hourly wage paid a MASST employee shall be as set by the State of Alaska, but not less than minimum wage. (c) Seasonal employees are eligible to participate in the State Public Employees’ Retirement System. Section 6. Amendment of Section of the Kenai Municipal Code: 23.45.020. That Kenai Municipal Code, Section 23.45.020 – Periods of evaluation, is hereby amended as follows: 23.45.020 Periods of [E]Evaluation. Each employee in the classified service shall have his or her performance evaluated at the following periods: (a) End of Probationary Period. Each employee shall be evaluated thirty (30) days prior to the completion of his or her probationary period. The employee must have an overall evaluation of at least “Meets Expectations” in order to become permanent or, in the case of seasonal employees, be eligible for the next season’s employment. (b) Annual. Each employee shall receive an annual performance evaluation thirty (30) days prior to his or her anniversary date. (c) Time of Separation. Each employee shall be evaluated at the time of separation and such record shall become part of his or her permanent personnel file. Section 7. Amendment of Section of the Kenai Municipal Code: 23.55.020. That Kenai Municipal Code, Section 23.55.020 – Compensation Structure by Grade, is hereby amended as follows: 37 Ordinance No. 2991-2017 Page 2 of 5 New Text Underlined; [DELETED TEXT BRACKETED] 23.55.020 Compensation Structure by Grade. (a) Compensation structure by grade is hereby established in accordance with the table that is appended to this title and which may be amended, modified, or replaced by ordinance, in which case a copy of the amended, modified, or replacement table shall be substituted for the prior table and placed in the code at the end of this title. (b) On completion of the probationary period, each permanent full-time employee, except seasonal employees, shall be advanced one (1) step. At succeeding anniversary dates, subject to evaluation, employees may be advanced a step increment. The time period normally between steps B to C to D to E to F is one (1) year. The time normally between Steps F to AA to BB to CC is two (2) years. (c) On completion of the probationary period, each permanent part-time employee and seasonal employee shall be advanced one (1) step. At appropriate biennial or quadrennial anniversary dates thereafter, subject to the employee’s most recent annual evaluation being “Meets Expectations” or better, the employee, including seasonal employees, may be advanced a step increment. The time period normally between steps B to C to D to E to F is two (2) years. The time period normally between steps F to AA to BB to CC is four (4) years. Section 8. 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 9. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: City Clerk Introduced: November 1, 2017 Enacted: *, 2017 Effective: *, 2017 38 "Vt1/~e with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone : 907-283-7535 I Fax : 907-283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager !~rpQ vt4/ Christine Cunningham, Assistant to City Manager/ HR October 25, 2017 Ordinance No. 2991-2017 -Seasonal Employees The purpose of this memo is to provide support for Ordinance No . 2991-2017 , amending sections of the Personnel Regulations to provide for seasonal employees, which are not currently defined in Kenai Municipal Code (KMC). The City currently employs individuals on a temporary basis in order to provide a number of services such as grounds maintenance and beautification in the summer months and snow plowing in the winter months. These employees are hired for a term not to exceed six months and without a guarantee that they will be re-hired for similar work in the future. They are ineligible for healthcare coverage and other benefits such as retirement, annual leave and holiday pay. Administration has addressed the definition of temporary employees twice in recent years as follows : • In 2011, in order to avoid confusion with the State of Alaska's classification of permanent seasonal employees, who are guaranteed employment year after year and are, thus, eligible to participate in the Public Employees ' Retirement System (PERS), the City amended position titles to remove "seasonal" from the title and replace it with "temporary" to reflect that these positions were non-permanent. • In 2015, in order to comply with the Affordable Healthcare Act (ACA), the City established a twelve-month look back policy and other measures to determine which employees classified as temporary might be considered a "seasonal employee " (i.e . defined as an employee who works six months or less during specific periods each year) and potentially entitled to health care coverage under the ACA. This year, the City hired two full-time Equipment Operators assigned to the Kenai Municipal Airport during the winter maintenance season between November 1 and March 31. Prior to the hire of these employees , two Equipment Operators working in the Streets Division of the Public Works Department were annually assigned seasonal duties at the Airport during the winter months. The 39 two new employees are guaranteed employment year after year subject to performance , and therefore, they are eligible to participate in PERS but, due to the five-month term of their employment, they are not entitled to health care coverage under the ACA. These two pos itions necessitate the creation of a new category of employee as they are not temporary as defined by KMC and they are not eligible for the benefits offered to classified employees . The amendments provided for in Ordinance No. 2991-2017 address the above issues as well as provide guidance on what benefits apply to seasonal employees, including how the employee is compensated , whether he/she is entitled to pay advancement based upon performance evaluation, and is subject to the City's policies related to general conduct, discipline , termination , and appeal. If approved, these amendments wi ll allow the City to provide consistent application of the City's personnel policies and procedures . 40 1Vttf~ «1/th, a PaJ'~ tt'tf «1/th, a ratru<-e JJ 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www. kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager v ~~~:?-0· Mary L. Bondurant -Airport Manag October 20 , 2017 Alaska Air Fuel -Special Use Permit Chris Houchen of Alaska Air Fuel is requesting a special use permit for aircraft parking on approximately 15,000 square feet of the commercial apron from September 18, 2017 to June 30, 2018 . The monthly fee will be $875.00 plus applicable sales tax. The Airport has a valid certificate of insurance on file . Airport Commission reviewed and approved the Special Use Permit at the October 12, 2017 meeting and recommends Council approval. Does Council recommend the City manager enter into a Special Use Permit with Alaska Air Fuel for aircraft parking? Please contact me if you have any questions. 41 SPECIAL USE PERMIT -2017 The CITY OF KENAI (City) grants to ALASKA AIR FURL, INC. (Permittee), whose address is P.O. Box 360, Palmer, AK 99645 , a Special Use Perm it to conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 15,000 square feet as described in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for 10 months commencing on September 18 , 2017 and ending on June 30, 2018 . Regardless of the date of signature, this Permit shall be effective as of September 18, 2017. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of$875 .00 plus applicable sales tax. B. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of One Hundred Dollars ($100 .00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C . Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, A TIN: 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 if 22, Termination) 4. Use. City authorizes P ermittee 's non-exclusive use of the Premises for the following purpose(s): Special Us e Permit-Alaska A ir Fuel , Inc. (Apron Aircraft Parking) Page 1of8 42 Aircraft Parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re -assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises . This Permit, and any access rights allowed hereunder, are for Permittee 's use only and may not be transferred or assigned. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and guests , and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport , the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. Special Use Permit-Alaska Air Fuel , Inc. (Apron Aircraft Parking) Page 2 of 8 43 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 8. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. 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: 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. m. Permittee shall request a waiver of subrogation against City from Special Use Permit-Alaska Air Fuel, Inc. (Apron Aircraft Parking) Page 3of8 44 Permittee's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by September 18, 2017. The effective date of the insurance shall be no later than September 18, 2017 . City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds . Within two weeks of the written demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 10. 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 Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless , the City of Kenai , its officers, agents , employees, and volunteers from and against all actions, damages , costs, liability, claims, losses , judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities "), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises , Permittee 's access to the Kenai Municipal Airport, and/or Permittee's exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill , or the Special Use Permit-Alaska Air Fuel, Inc. (Apron Aircraft Parking) Page 4of8 45 discharge of petroleum products or hazardous materials due to Permittee's use of the Apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee's fuel dispensing equipment at all times. Permittee must comply with the Airport 's Storm Water Pollution Prevention Plan as appropriate to Permittee' s activities . Permittee shall not store any personal property , solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above-ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft-parking ramp, inside an aircraft hangar, or within 50' of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. 14. No Discrimination. Permittee shall not discriminate against any person because of the person 's race, creed, color national origin, sex, age, or handicap . Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly Special Use Permit-Alaska Air Fuel , Inc. (Apron Aircraft Parking) Page 5of8 46 discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory , prices for each product or service provided at the Airport. 15. Licenses and Perm its. Permittee shall obtain and maintain all required federal , state, and local licenses , certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 16. Compliance with Law/Grant Assurances. This Permit, and Permittee's activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport's eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City's grant assurances and federal obligations. 17. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. 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 or elsewhere at the Kenai Municipal Airport. 20. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 21. Personalty. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of$25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 22. Terminatio n ; Defau l t. This Permit may be terminated b y either party hereto by giving 30 days advance written notice to the other party . City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety or due Special U se Permit-Alaska Air Fuel, Inc . (Apron Aircraft Parking) Page 6 of 8 47 to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing , Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Permittee shall make payment within 30 days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take-off weight reports within ten days following the end of each month for landings for the preceding month . Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200 , Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee . An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90 days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than 30 days nor less than seven days before the time of the auction. 25. Definitions. As used in this Permit, "Permittee" means Alaska Air Fuel, Inc. and where the context reasonably indicates, its officers, agents, and employees. "Airport" means the Kenai Municipal Airport. CITY OF KENAI Paul Ostrander City Manager Date ALASKA AIR FUEL, INC. Chris Houchen President Special Use Permit-Alaska Air Fuel, Inc. (Apron Aircraft Parking) Date Page 7of8 48 ACKNOWLEDGMENTS STATE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2017, the foregoing instrument was acknowledged before me by Paul Ostrander, City Manager, of the City of Kenai , 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 2017, the foregoing instrument was acknowledged before me by Chris Houchen, President, Alaska Air Fuel, Inc., on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: ____ _ ATTEST: Jamie Heinz, City Clerk SEAL: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Special Use Permit-Alaska Air Fuel, Inc. (Apron Aircraft Parking) Page 8of8 49 Exhibit A Alaska Air Fuel 15,000 sqft I EXHIBITA 50 11Vtlla3e with a Pas~ Ci-ly with a Future" 210 Fidalgo Avenue , Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I Fax: 907-283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Y·t ?-0 October 25 , 2017 Work Session for Land Sale and Leasing Policies and Practices The purpose of this memo is to provide additional information to assist in scheduling a work session for Land Sale and Leasing Policies and Practices. Administration will provide a presentation and has requested the McDowell Group to present the findings of its analysis of City of Kenai Lease Land Purchases as part of that presentation. The McDowell Group will be available to attend November 27 , 2017 -December 8 , 2017 . 51 52 53 KENAI AIRPORT COMMISSION OCTOBER 12, 2017 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: J. Zirul, P. Minelga, G. Feeken, K. Dodge, D. Pitts J. Bielefeld, C. Henry, Staff/Council Liaison Present: Airport Manager M. Bondurant, Council Member H. Knackstedt, A quorum was present. c. Agenda Approval MOTION: Commissioner Zirul MOVED to approve the agenda with the addition of Laydown 6D to New Business and Additional Information to 6C; and Commissioner Minelga SECONDED the motion. There were no objections; SO ORDERED. 2. PERSONS SCHEDULED TO BE HEARD – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. September 14, 2017 MOTION: Commissioner Dodge MOVED to approve the meeting summary from September 14, 2017 and Commissioner Pitts SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS - None 54 Airport Commission October 12, 2017 Page 2 of 3 6. NEW BUSINESS a. Discussion/Recommendation – Special Use Permit to Alaska Air Fuel, Inc. for Aircraft Parking on the Apron. The Airport Manager provided an overview of the Special Use Permit request. MOTION: Commissioner Minelga MOVED to recommend approval of Special Use Permit to Alaska Air Fuel, Inc. for Aircraft Parking on the Apron; and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. b. Discussion/Recommendation – Rehabilitation of Willow Street. It was expressed that Willow Street be added to a wish list for City Capital Improvements. MOTION: Commissioner Minelga MOVED to recommend to Council to explore the addition of the rehabilitation of Willow Street from North Terminal to Marathon Road for life, safety, and marketing purposes; and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. c. Discussion/Recommendation – Signage for Field of Flowers It was expressed that the sign should reflect that the Field of Flowers is Airport property. The Airport Manager noted she will provide information on how to proceed with getting a four- foot by eight-foot airport sign on the property. d. Discussion/Recommendation – Memorandum of Agreement – 3rd Operations Squadron The Airport Manager provided background to the request from the military. She stated this is a good thing for the airport, military, and all aviation users at the airport. MOTION: Commissioner Minelga MOVED to recommend to Council to approve the Memorandum of Agreement between the 3rd Operations Squadron and the City of Kenai; and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 7. REPORTS 55 Airport Commission October 12, 2017 Page 3 of 3 a. Airport Manager – Airport Manager Bondurant gave the October 2017 Mid-Month Report and reported on recent airports she visited during two conferences. b. City Council Liaison – Council Member Knackstedt noted: • Various actions at City Council meetings on 10/4/17 and 9/20/17; • Expressed excitement about FAA weather cams; • He will request that the City Manager have the Public Works Director evaluate Willow Street; • Reported on elections. 8. NEXT MEETING ATTENDANCE NOTIFICATION – November 9, 2017. It was noted that Commissioners Dodge and Zirul will not be able to attend. 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioners Pitts expressed his happiness to see the leasing policy is being reviewed and noted that the FAA Webcams are indispensable, a wonderful tool for aviation. 10. ADDITIONAL PUBLIC COMMENT – None 11. INFORMATION ITEMS – None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:50 p.m. Meeting summary prepared and submitted by: _____________________________________ Tawni Eubank Administrative Assistant 56 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS OCTOBER 25, 2017- 7:00 P.M. COMMISSION CHAIR TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commission Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Commission Chair Twait led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: D. Fikes, J. Twait, V. Askin, J. Halstead, G. Greenberg, K. Peterson, B. Springer Staff/Council Liaison present: City Planner M. Kelley, City Clerk J. Heinz, and Council Liaison J. Glendening A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda; Commissioner Peterson SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e. *Excused Absences – None. 57 Planning and Zoning Commission Meeting October 25, 2017 Page 2 2. *APPROVAL OF MINUTES: a. *October 11, 2017 Minutes were approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None. 5. CONSIDERATION OF PLATS: a. PZ17-34 – Original Preliminary Plat of Buxton Subdivision, Eagle Rock Addition, submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, AK 99669, on behalf of Castillo H2H Trust, 1509 Third Avenue, Kenai, AK 99611. City Planner Kelley reviewed his staff report, which was provided in the packet, noting the plat reconfigured lots into a larger parcel and recommended approval with the following conditions: • Further development of the property shall conform with all Federal, State, and local regulations; • The City Council for the City of Kenai must approve the vacation of the 25 foot right-of- way for Coolidge Lane, and vacation of the five foot (5’) utility easement pursuant to Kenai Municipal Code 22.05.110 and Kenai Peninsula Borough Code 20.28.100; • The City Manager for the City of Kenai must sign the plat acknowledging acceptance by the City of Kenai of the final plat. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ17-34 with staff recommendations and Commissioner Halstead SECONDED the motion. Commission Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. The applicant, Eddie Castillo, noted he intended to consolidate the lots to ensure the trees near him would remain. VOTE: YEA: Fikes, Greenberg, Askin, Twait, Halstead, Peterson, Springer NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: None. 58 Planning and Zoning Commission Meeting October 25, 2017 Page 3 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Glendening reviewed the Action Agenda for the October 19 City Council meeting which was provided in the packet. b. Borough Planning – Kenai Peninsula Borough Planning Commissioner Fikes reviewed action from the October 23 Borough Planning Commission meeting noting ten plats were approved; a marijuana cultivation facility was approved; a Conditional Use Permit for resource extraction in Nikiski was postponed; and the Borough Comprehensive Plan was reviewed. c. Administration – City Planner M. Kelley asked if the Commission wanted to cancel the second meetings in November and December due to holidays. It was decided the second meetings in November and December would be cancelled. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: November 8, 2017 Commission Chair Twait noted he would be absent. 14. COMMISSION COMMENTS & QUESTIONS: None. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:24 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC City Clerk 59 'lftfl~ «1/t/z, a Pa6'~ Ct'tf «1/t/z, a h.t«H" 210 FidalgoAve, Kenai , A laska 9961 1-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai .city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager f)i~ _fu, ':P-O Terry Eubank, Finance Director1/ October 25, 2017 Quarterly Financial Report Attached is a relatively easily produced quarterly financial report for the General Fund, Personal Use Fishery Fund, Airport Fund , Water/Sewer Fund, and Senior Fund as of September 30, 2017. 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 2017 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 ex penditures 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 . 60 Quarterl y General Fund Ex pendi ture Report For Quarter Ended September 30, 2017 7/1/2016 7/1/2017 7/1/2017 7/1/2017 6/30/2017 7/1/2017 6/30/2018 9 /30/2017 Ori ginal • FY2017 FY2018 Amende d Y TD A ctual Budget Budget A ctual V arian ce ~ RE V ENUES Appropriation of Fund Balance $ $ 881,115 $ 881 ,11 5 $ $ (881 ,115) 0.00% Taxes 10 ,635,298 10,837,263 10 ,837,263 2 ,593,938 (8 ,243,325) 23.94% Licenses/Permits and A mbulance 500,653 528,000 528,000 132,580 (395,420) 25.11 % State/Federal 866,746 651,238 658,238 311 ,807 (346,431) 47.37% DockJ Multipurpose/Miscellane o us 131 ,686 119,500 119,500 31 ,304 (88,196) 26 .20 % Fines and Forfeitures 83,094 89,500 89,500 26,258 (63,24 2) 29.34% Interest and Miscellaneous 350,884 404,595 407,595 166,284 (241 ,3 11) 40.80 % Transfers/Ce ntra l Admin Fees 1,802,305 2 ,082,393 2.082,393 354,725 (1 ,727,668) 17.03% Total Revenues 14,370,666 15,593,604 15,603,6 04 3 ,61 6,896 (11 ,986,708) 23.18% E XP END ITURES & TRANSFERS General Government 01 City Clerk $ 269,306 $ 298,355 $ 298,355 $ 57,905 $ 240,450 80.59% 11 Legislative 164,434 169,955 169,955 48,474 121,481 71.48% 12 Legal 302,161 354,743 354,743 71 ,165 283,578 79.94% 13 City Ma nager 350,859 350,254 350,254 74,247 276,007 7 8.80% 15 Finance 603,313 685,410 685,41 0 166,320 519,090 75.73% 16 land Adm inistration 26,620 17,740 17,740 343 17,397 98.07% 18 Non-Departmental 581 ,874 655,125 655, 125 349.253 305.872 46.69% 19 Planning and Zoning 203,539 231,455 231,455 46,784 184,671 79.79 % 20 Safety 2,420 21 ,150 21. 150 21150 100.00% Total General Government 2,504,526 2 ,784, 187 2,784,187 8 14 491 1,969,696 70.75% Public Safety 21 Police 2,640,497 2 ,921,899 2.921 ,899 640.982 2 ,280,9 17 78 .06% 22 Fire 2,935,855 3 ,103,846 3.103,846 697,198 2,406 ,648 77.54% 23 Co mmunications 726,457 854,200 854,200 199,628 654,572 76.63% 29 Animal Control 376,981 419,777 419,777 114 769 30 5,008 72.66% Total Public Safety 6,679,790 7,299,722 7,299,722 1,652,577 5 647 145 77.36% Public Works 3 1 Public Works Administration 2 15,606 233,669 233,669 45,414 188,255 80.56% 32 Shop 627,020 647,332 647,332 115,701 5 3 1,631 82.13% 33 Streets 846,987 985,460 985,460 128,266 8 5 7,194 86.98% 34 Buildings 304,240 341.444 341 ,444 61 ,371 280,07 3 82.03% 35 Street Lighting 154,579 167,409 167,409 21 ,432 145,977 87.20% 60 Dock 66,018 93,348 93,348 9 .552 83,796 89.77 % Total Public Works 2,214,450 2,468,662 2,46/2,662 38 1,736 2,086 ,926 84.54% Parks and Recreation & Culture 03 Visitor Center 177,795 182,404 182,404 36.584 145,820 79.94% 40 Library 839,714 912,585 9 19 ,585 20 1,553 718,032 78.08% 45 Pa rks , Recreation & Beautification 1,079,155 1,119,256 1,122,256 265 ,456 856,800 76.3 5% Total Parks and Recreation & Culture 2 ,096,664 2,214 ,245 2 ,224,245 503,593 1,720,652 77.36% Total Operating Expenditures 13,495,430 14 766 816 14,776,816 3 ,352,397 11424419 77.31 % Tran sf er to other funds Street Improvem en t Capital Proj ect Fund 78,000 48,000 48,000 48,000 0.0 0 % Senior Center lmpr. Capita l Projects 208,400 City Dock Capital Project Fund 35,000 New City Shop Capita l Project Fund 35,000 35,000 35,000 0.00% Public Safety B uilding Capita l Proj . Fund 120,000 120,000 120,000 Kena i Animal Shelter Capital Proj . Fund 35 ,000 35,000 35,000 Cemetery Improvements Capital Proj. Fund 250,000 250,000 250,000 Employee Health Ca re Internal Svc. Fund 100,000 Senior Citizen Special Re venue Fund 183,291 196,730 196.730 49,183 147 ,547 75.00% Debt Service 140 439 142 058 142,058 26,0 29 11 6,029 8 1.68% Total Transfe r to other funds 745130 826,788 826,78 8 56~,212 263,576 31.88% To tal Expenditu res & Transfers 14,240,560 15,593,604 15,603,604 3,91 5,609 11,687 ,995 74.91% Net Revenues over(unde r ) Expenditures $ 130,106 s s s (298,713) s (298,713) • Note: The origi nal budget include s outstanding enc umbrances at 6 /30/201 7. 61 Quarterly Personal Use Fishery Fund Expenditure Report For Quarter Ended September 30, 2017 7/1/2016 71112017 711/201 7 7/112017 613012017 7/1/2017 6/30/2018 913012017 Original • FY2017 FY2018 Amended YTD Actual Budget Budget Actual Variance !! REVENUES Beach Pa rking $ 182 ,853 $ 183,000 $ 183,000 $ 170,429 $ (12,571 ) -6.87% Beach Camping 238 ,752 239,000 239,000 210 ,269 (28,731 ) -12.02% Dock La unch & Park 128,109 130 ,000 130,000 1 1 1,888 (18,112) -1 3.93% Dock Park in g On ly 14 ,807 1 5,000 15,000 12,009 (2 ,991) -1 9.94% Participant Drop-off Fee 10 ,717 11 ,000 11 ,000 7 ,481 (3,519) -31 .99% Interest Earnings 671 750 750 4,184 3 ,434 0.00% PERS Grant 2,688 2 ,312 2 ,312 (2 ,312) -100.00% Credit Card Fees (3,680 ) (4,500) (4 ,500 ) (1 ,726) 2 ,774 -61.64% Total Revenue 574,917 576,562 576,562 514,534 (62,028) -10.76% EXPENDITURES Pu blic Safety $ 116.874 $ 109,195 $ 109,195 $ 24 ,004 $ 85,191 78.02% Streets 53,068 51 ,506 51 ,506 33,446 18 ,060 35.06% Boating Facility 72 ,669 72 ,347 72 ,347 37 ,208 35,139 48.57% Pa rks , Recreation & Beautification 268 ,686 279,584 279 ,584 161 ,035 118,549 42.40% Total Expenditures 511 ,297 512,632 512 ,632 255,693 256 ,939 50.12% Net Revenues over Expenditures $ 63 ,620 $ 63 ,930 $ 63 ,930 $ 258,841 $ 194,91 1 • Note: The o riginal budget includes outstanding encumbrances at 6/30/2017 . 62 Quarterly Airport Fund Expenditure Report For Quarter Ended September 30 , 2017 7/1/20 16 7/1/2017 7/1/2017 7/1/2017 6/30/2017 7/1/2017 6/30/2018 9/30/2017 Original • FY2017 FY2018 Amended YTD Actual Budget Budget Actual Variance ~ REVENUES Appropriation of Fund Balance $ $ $ $ $ 0.00% State/Federal 29,725 23,552 23 ,552 (23,552) 0.00 % Interest , Leases & Fees 786,527 805,326 805,326 356,430 (448,896) 44.26% Terminal Revenues 683,766 786,514 786 ,514 175,398 (6 11 ,116) 22 .30% Landing Fees 529 ,132 375,000 375,000 84,852 (290 ,148) 22.63% Transfers In 1,175,414 1,191,711 1,191 ,7 11 (1 ,191,711) 0.00% Total Revenues 3,204,564 3,182,103 3,182,103 616,680 {2,565,423} 19.38% EXPENDITURES & TRANSFERS Terminal Area $ 578,256 $ 645,425 $ 645,425 $ 114,386 $ 531,039 82.28% Airfield 1,640,517 1,697,523 1,697 ,643 319,421 1,378,222 81 .18% Administration 411 ,745 336 ,914 384 ,728 113,397 271,331 70.53% Other Buildings & Areas 12,510 180,4 11 132,477 42 ,463 90,014 67.95% Training Facility 40,295 38,326 38 ,326 2 ,018 36,308 94.73% Total Expenditures 2,683,323 2,898,599 2,898,599 591,685 2,306,914 79.59% Transfer to other funds Airport Improvement Capital Projects 127,437 115,981 115,981 0.00% Total Transfer to other funds 127,437 115 981 115,981 0 .00% Total Expenditures & Transfers 2,810,760 2,898,599 3,014,580 707,666 2,306,914 76 .53% Net Revenues over Expenditures $ 393 ,804 $ 283,504 $ 167,523 $ (90,986) $ (258,509) • Note: The original budget includes outstanding encumbrances at 6/30/2017. 63 Quarterly Water Sewer Fund Expenditure Report For Quarter Ended September 30, 2017 7/1 /2016 7/1/2017 7/1 /2017 7/1/2017 6 /30/2017 7/1/2017 6/30 /2018 9/30 /2017 Original • FY2017 FY2018 Amended YTD Actual Budget Budget A c tual Var iance ~ REVENUES Appropriation of Fund Ba lance $ $ $ $ $ #D JV/O! State/Federal 23,142 17,228 17,228 (17 ,228) 0.00% Water/Sewer Fees 2,725,982 2,863,453 2,863,453 782 ,135 (2,081 ,318) 27.31 % Penalty and Interest 35,838 43,250 43,250 8,212 (35 ,038) 18.99% Interest and Miscellaneous 9,478 19,000 19,000 1,367 (17 ,633) 7 .19% T otal Revenues 2,794,440 2,942,931 2,942,931 791 ,714 {2, 151,2171 26 .90% E XPENDITURES & TRANSFERS Water $ 715 ,077 $ 864,277 $ 864 ,277 $ 143,519 $ 720,758 83.39% Sewer 365,094 513,830 513 ,830 79,801 434,029 84.47% Wastewater Treatment Plant 987,096 1,075,372 1 ,075,372 218,511 856,861 79.68% Total Expenditures 2,067,267 2,453,479 2,453,479 441 831 2,011,648 81.99% T ransfer to other funds - Water & Sewer Capital Proj ects 353,792 Employee Health Care Fund 8,501 Total T ransfer to other funds 362,293 Total Expenditures & Tra nsf er s 2,429,560 2,453,479 2,453,479 441 ,831 2 ,011,648 81 .99% Net Revenues over Ex penditures $ 364,880 $ 489,452 $ 489,452 $ 349,88 3 $ (139,569) • Note: The origina l b udget i ncludes outstan ding en cumbrances at 6/30/2017 . 64 Quarterly Senior Fund Expenditure Report Fo r Quarter Ended September 30 , 20 17 7/1/2016 7 /1/2017 7/1/2017 7/1/2017 6/30/2017 7/1/2017 6 /30/2018 9/30/2017 Original* FY 2017 FY2018 Amended YTD Actual Budget Budget Actual Varia nc e :'£2 REVENUES Ap propriation of Fund Balance $ $ 24,041 $ 24,041 $ $ (24 ,041 ) 0 .00% State Grants 208 ,654 198,299 198,299 47,712 (150,587) 24.06% U SDA Grant 22,4 15 15,000 15,000 1,373 (13,627) 9.15% Choice Waiver 220,4 19 225,000 225,000 20,390 (204,6 10) 9.06% KPB Grant 126,207 126,207 126,207 (126,207) 0.00% Un ited Way 5,977 5 ,977 5,977 (5,977) 0.00% Rents & Leases 8,260 13,000 13,000 922 (12,078) 7.09% Donations 14,717 80,000 80,000 8,275 (71 ,725) 10.34% Meal Donations 75,321 75 ,000 75,000 21,267 (53,733) 28.36% Transfer from Genera l Fund 183,291 196,730 196 ,730 49,183 (147 ,547) 25.00% Other 241 300 300 2,214 1 914 Total Revenues 865,502 959,554 959,554 151,336 {808,218} 15.77 % EXPENDITURES & TRANSFERS Sen ior Citizen Access $ 153,905 $ 166,319 $ 166,319 $ 36 ,0 84 $ 130,235 78.30% Congregate Meals 2 18,035 236,396 236,396 5 1,690 184,706 78 .13% Home Meals 176,509 195,103 195,103 40,182 154,92 1 79.40% Senior Transportation 67,803 80,523 80,523 17,577 62,946 78.1 7% Choice W aiver 249,525 281,2 13 281 ,213 54,507 226,706 80.62% Total Expenditures 865,777 959,554 959,554 200,040 759 514 79.15% T ransfer to other funds - Total T ransfer to other funds Total Ex penditures & Transfe rs 865,777 959,554 959,554 200 ,040 759,514 79 .15% Net Reve nues over Expenditures $ (275) $ $ $ (48,704) $ (48,704) * Note: The original budget includes outstanding encumbrances at 6/30/2017 . 65 ''{!;ff~ «1/t~ a Pa6'~ Ct'tj «1/t~ a Fatun-11 MEMORANDUM 210 Fidalgo Ave , Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai .city TO: THROUGH: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager )>.'g. -(:,r ~O FROM: Terry Euban k, Finance Director 7 ( .. DATE: October 16, 2017 SUBJECT: September 2017 Quarterly Investment Report City of Kenai Investment Portfolio At September 30, 2017 the City had investments with a market value of $22,234,340 that is up from $20,022,698 at June 30, 2017. The City 's portfolio is yielding 1.18% that is up from 1.14% at June 30, 2017. The Federal Reserve is projected to raise the Federal Funds Rate in December, which will increase the portfolios yield but devalue many of the assets held in the portfolio. There is an inverse relationship between bond values and interest rates meaning when interest rates increase , bond va lu es decrease . Fair mark et value adjustments to the portfolio throu gh September 30, 2017 are a negative $58,657. The relative short duration of the portfolio has limited the negative adjustment and rising interest rates are a welcome event and should increase the City's investment revenues in years to come. City's Investment Portfolio US Agency Securities AML Investment Pool We ll s Fargo Money Market FDIC In sured Certificates of Deposit Bank Balance Total Permanent Fund Investments $ 5,998,930 2,385,118 3,602,620 9 ,107 ,262 1,140,410 $ 22 .234.340 The third quarter of 2017 saw a co ntinued rally in the equity markets despite projected changes in the Federal Funds Rate . Short-term interest rate increases are projected to increase in December depending upon the performance of the nation 's economy. Equities propelled the portfolio to a return of 2.86% for the third quarter of 2017, combined with first quarter perfo rman ce the portfolio has returned 8 .65% year to date . Since inception the portfo lio has returned 8.66 %. As of September 30 , 2017 the portfolio va lue was $28,247,340 , comprised of $24 ,974 ,2 24 (88.41%) Airport Land Sale Permanent Fund , $3,133,627 (11.09%) Genera l Land Sale Perm a nent Fund monies, and $139,488 (0.50%) Kenai Community Foundation holdings. 66 CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY September 30, 2017 Cash & Cash Equivalents Wells Fargo Checking Wells Fargo Secured Money Market FDIC Insured Certificates of Deposit Alaska Municipal League Investment Pool Total Cash & Cash Equivalents Government Securities Maturities Less than 1 Year Maturities 1 to 2 Years Maturities Greater than 2 Years Total Government Securities Total Portfolio In vestment Portfolio -Purchase Price $ 20,088 , 156 Investment Portfolio -Fair Value 09/30 /16 20 , 134,606 Fair Value Adjustment -06/30/17 (65,458) Fair Value Adjustment thru - 9/30/17 6 ,801 Cummulative Change in Fair Value $ (58 657) $16.000,000 $12,000,000 $8,000 ,000 $4,000 ,000 $0 September 30, 2017 Fair Market Value $ 1,140,410 3 ,602 ,620 9,107,262 2 .385, 118 16,235,410 1,494,700 1,496 ,760 3 ,007,470 5,998,930 $ 22 ,234,340 Portfolio Liquidity Current Yield 0.00% 0 .81% 1.42% 1.13% Average Yield 0 .96% 1.38% 1.47% Liquidity 20% Maturity 1 - 2 years Maturity over 2 years Minimum 30 % Maximum GPolicy Minimum/Maximum •Actua l 67 CITY OF KENAI Investments 09-30-17 COK CITY OF KE NAI INVESTM ENTS 913012017 Current year c ost o r Unrealized Expected Call 06/30117 09/301 17 Gain Accrued SECURITY or Maturity CUSIP original cost Market Value Market Value or Loss Int erest FFCB 1.0 08/23118 w/5days after 11123116 3133EGBG9 1,000,000 996,310.00 996,170.00 (140.00) 1,055.56 FHLM C 0 .875 61261 18 Bullet 3134G32U3 500 ,991 497,960.00 498,530.00 570.00 1,154.5 1 1TIM E6124/18 wl 6 FH LM C 1 70 8/24/20 da ys 3134GBM D1 1.000.000 996.460 00 996.210 00 (250 00) 5,997 22 913012016 O ua rterty w/10 d ays S tep 3117 1 50. 31 18 I 75. 3119 FNMA I 375 3/30/21 2 0 3/20 3 25 3 136G3DV4 1.000.000 988.22000 988.500 00 280 00 6.913 19 11125/2016 Quarterly FNMA 1 50 6125121 w/10 oays 3 136G3MW2 502.479 •89.710 00 489,680 00 (3000) 2,625.00 TVA 3.875 2/15/21 eune1 880591EL2 555,678 537,005.00 533,080.00 (3,925.00) 2,475.69 TOTAL 6,057,648.07 6,004, 135.00 5,998,930.00 (5,205.00) 26,071 .17 FDIC Insured CD's CD· 12131110 1 .00 GMATBK 06118118 57803 02006LE33 164.15 718 .22 0 .90 ASHEVL 3129118 29663 04407RAZ4 245.000 244,507.55 244,657.00 149.45 12.08 1.00 BMW 6/18/18 35 14 1 05580AEU4 245,000 244,279.70 244,443.85 164.15 7 11.51 1.05 BMO 3/29/18 16571 05581WEQ4 245.000 244,811.35 244,860.35 49.00 1,303.87 1.20 BNCCTL 9/28/18 4033 05890NAF8 247,0 00 246.342.98 246,246.65 (96.33) 16.24 1.0 BBDNBK 9/24118 26610 062683AF4 248,095 246,539.28 246,616.16 76.88 54.36 1.05 BCHINA 10/1911 7 33653 06426WCP5 248,000 24 7,952.88 248,004.96 52.08 1,177.15 0.90 BRKL 12/27117 3414 7 064577C HO 245,000 244,661.90 24 4,867.70 205.80 24.16 0.85 BNP 10/181 17 351 4 065680KU3 248,000 247,801.60 247,977 .68 176.08 952.93 2 4 COF 4/19122 33954 1404202E9 247 .000 249.158 78 249.684 89 526 11 2.679 78 2.4 COF 8/30/22 34221 14042RHS3 245,000 245,000.00 246,580.25 1,580.25 515.51 1.65 CWBKNA 12/30/19 20084TJW4 357 30 1 .40 DFS 6/29118 254672X78 890.55 1.60 FRM E 12/30/19 346 48 0 .90 FSBSIA 4120118 1.25 GRBKIW 9/27118 14079 36 198JCK8 247,000 246,498 59 246,377.56 (121 .03) 33 84 2 35 GS 8130/22 •297 38148PNS2 245,000 245,000 00 246,014 30 1.014 30 504 77 2 .30 HSBC 7114122 57890 40434YLE5 245,000 245,000.00 245,891.80 891.80 1,2 19.63 0.95 MBFI 2/161 18 3628 55266CSC1 245,000 244 ,588.40 244 ,767.25 178.85 95.65 1.25 M FNC 6/29118 14816 55275FK L1 247,000 246,757.94 246,794.99 37.05 270.68 1.00 M VZAVC 6118/18 22953 58733ACV9 245,000 244,289.50 244,451 .20 161.70 711.51 0.85 SAFR 101 12117 26876 78658QZQ9 248,0 00 246,757.94 247,972.72 2 ,038.70 1.25 PFBC 61291 18 33539 740367FJ1 247.000 247,727.20 246,794.99 270.68 1.00 WFC 121181 17 3511 9497485V5 245,000 244,691 .30 244 ,899.55 208.25 87.26 1 .00 Z ION 3122118 2270 98878BDN5 245,000 244.806.45 244,865.25 58.80 60.41 TOTAL FDIC Insured CD's 9.107,200.69 9, 104.113.10 9, 107,261.95 3.148.85 22,216.94 WELLS MONEY MKT 3,602,620.09 3 ,602,620.09 3,602,620.09 1,675.14 AML POOL -City ACCT Agreed to Amlip 2,385, 117.64 2.385, 117.64 2,385.117.64 458.08 Agreed to GL 21 , 152,586.49 21 ,095,985 83 21 ,093,929.68 (2.056.15) 50,421 .33 WF Cash Agreed to WF 1, 140,409.58 1, 140,409.58 1.140,409.58 TOTAL 22,292,996.07 22,236,395.41 22,234 ,339.26 (2,056.15) 50.421.33 MONTHS (58 ,656.81) TOTAL CURRENT YIELD MaxlMin Return Ac tual Differenc e Mat urity over 2 years 30% Maximum 6,670,301. 78 1.7051% 4,488,256 2, 182,046.21 OK Li uidit 20% Minimum 4,446,867.85 0.8348% 14,273,872 9.827,004.58 OK 1.1615% 22,234.339 68 CITY OF KENAI PERMANENT FUND INVESTMENT POR TFOLIO SUMMARY September 30 , 2017 Current or C u r rent Fair Market Value Average Portfolio Target Portfolio 30·SeE!·16 31-Dec-1 6 31-Mar-17 30-Jun-17 30-SeE!-17 Yield Wei9 ht Wei9 ht Maximum F ixed Income Cash & Cash Equivalents 1,597,365 1,53 1,191 1,676,898 1,686,861 1,477,048 0.81 % 6.05% Total Cash & Cash Equivalents 1,597 ,365 1,531 ,191 1,676,898 1,686,861 1,477,048 Government & Corporate Securities Government Securities 5 ,324 ,096 5,381 ,797 4,872,143 4,074,384 4,757,095 1.91% 17.59% Corporate Securities 5,111,978 5,040,425 5,438,448 6,085,153 5,738,396 3 .41 % 19.63% Total Government & Corporate Securities 10,436,074 10,422,222 10,310,59 1 10,159,537 10,495,491 2.53% 37 .22% Tota l Fixed Income 12,033,439 11 ,953,413 11,987,489 11 ,846,398 11 ,972,539 2.47% 4 3.27% 45.00% 65.00 % Equities Domestic Equities Standard & Poor's 500 Index 5,352,5 19 5,537,151 5,555,087 5,486,353 5,692,088 20.06% 20.00% 25.00% Standard & Poor's 600 Small-Cap Index 1,309,783 1,450,836 1,6 16,615 1,638 ,821 1,734 ,893 5.83% 5.00% 10.00% Standa rd & Poor's 400 Mid-Cap Index 2,653,277 2,835,581 2 ,992,070 3 ,039 ,776 3 ,126,278 10.80% ~ ~ Total Domestic Equities 9,3 15,579 9,823,568 10,163,77 2 10,1 64,950 10,553,259 36.69% 35.00% 50 .00% International Equities Vanguard Europe Pacific ETF 2,656,370 2,583,625 2 ,791 ,741 3,020,144 3,182,832 10.08% 10.00% 15.00% Vanguard Emerging Market ETF 1,302,166 1,21 1,948 1,420,558 1,351,080 1,458 ,540 5.13% ~ 10.00% Total International Equ ities 3 ,958,536 3 ,795 ,573 4,212,299 4,371 ,224 4,641 ,372 15.20% 15.00% 25.00% Real Estate Vangua rd REIT ETF 1,305,437 1,242,077 1,342,088 1,081 ,990 1,080,170 4.84% 5.00% 1QJ!.Q.?t9. Total Real Estate 1,305 ,437 1,242,077 1,342,088 1,081 ,990 1,080,170 4.84% 5 .00% 10.00% Total Equ ities 14,579,552 14,861,218 15,718,159 15,618,164 16,274,801 Total Portfolio 26,612,991 26,814 ,631 27,705,648 27,464 ,562 28,247,3 40 ~ ~% ~% ~% Total ALS PF Balance 23,512,038 23,690,184 24,477 ,380 24 ,282,141 24,974,224 Total GLSPF Balance 2,973,504 2,996,033 3,095,588 3,046,800 3,133,627 Total Kena i Community Foundation 127,447 128,413 132,680 135,621 139.488 Portfolio Composition Flud Income Stlnd•rd & Poor's Sll!ndard & Poor's Standard & Poor's Vanguud Euro~ Vanguard Vat1guard REIT ETF 500 lndu 600 Small·Cap 400 Mid-C..p Index Paetflc ETF Emerging Market a currem Ponfotto Weigh1 •Targ-et Poftfo~o Weight O Muimum Portfolio Weight Portfolio Performance 15.oo 0 ;. ,---------------------------------------~--------------~--. 5.00'!. t---------------------------f 0.00'1+ ~.00%-l-----.,.--------.------------.------,------,..------------.-------------l Current Month Current Quarter Year to Date last 1 Year lne4lption to Data D Portfo llo 1.45% 2.66% 8.65% 9.48% 8.66% •Benchme rit 1.2s0..-2.76% 8.56% 9.47% 8.75% 69 $27,000,000 $25,000,000 $23,000,000 $21,000,000 $19,000,000 $17 ,000,000 $15,000,000 Transfer of $1,075,123 to Airport Operations. Total ALSPF Balance to Airport Operations. to Airport Operations. +---------------------------------' Transfer of $1,147,714 to A irport Operat ions. ///////////////////// $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 S1 ,ooo,ooo $500,000 s- $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 s- Total GLSPF Balance Transfer of $154,172 to Gene ral Fund Operations. General Fund Operati ons. Transfer of $153,493 to +-----------------------< General Fund Operations. Total Kenai Communit Foundation Balance $50,000 investment. Initial investment of $66,143. Transfer of $149,802 to General Fund Operations. $5,000 70 CITY OF KENAI PERMANENT FUNDS Account Statement -Period Ending September 30, 2017 ACCOUNT ACTIVITY Portfolio Value on 08-31-17 Contributions Withdrawals Change in Market Value Interest Dividends Portfolio Value on 09-30-17 INVESTMENT PERFORMANCE 27,844,491 0 -382 317,886 25 ,347 60,706 28,248,048 Current Account Benchmark: Equity Blend 10.00 ..------------------------ 9.00 +--------------- ., 8.00 .. e ~ 7 .00 E 6.00 .'! .. a: 5.00 "' 0 I- ~ 4 .00 c .. ~ J .00 .. a. 2.00 1.00 0.00 •Portfo lio Performance ls Annualzed for Periods Greater than One Year Ill MANAGEMENT TEAM Client Relationship Manager: Your Portfolio Manager: Contact Phone Number: PORTFOLIO COMPOSITION Erner Mkts Real Estate 5 % 4 % ALASKA PERMANENT CAPITAL MANAGEMENT -------Rr nHerf.·'1 hwl'>trtlC'r1t Adv1 ·,r Amber Frizzell, AIF ® Amber@apcm .net Bill Lierman, CFA ® 907/272 -7575 71 Alask a Penna nent Capital Man ageme n t Co. PORTFOLIO SUMMARY AND TARGET CITY OF KENAI PERMANEN T FUNDS September 30, 2017 O/o Asset Class & Target Market Va lue Asset s Range FIXED INCOME (45%) US Fixed Income (40.0%) 10,495,547 37.2 35 % to 65% Cash (5.0%) 1,498 ,690 5.3 0% to 10 % Subtotal: 11 ,994,236 42.5 EQUIT Y (55 %) US Large Cap (20.0%) 5,671 ,100 20.1 15% to 25 % US M id Cap (10.0 %) 3 ,126,277 11.1 5% to 15% US Sma ll Cap (5.0%) 1,73 4,892 6 .1 0% to 10% Developed I nternati ona l Eq uit y (10 .0%) 3,182 ,832 11.3 5% to 15% Emerg ing Markets (5.0%) 1,458,540 5.2 0% to 10 % Real Estate (5.0%) 1,080,170 3.8 0% to 10 % Subtotal: 16,253 ,812 57.5 TOT AL PO R TFOLIO 28,2 48,048 JOO 72 Alaska Permanent Capital Management Co . PORTFOLIO APPRAISAL CITYOFKENAIPERMANENTFUNDS September 30, 2017 Yield Average Total Mar ket Pct. Annual Accrued to Quantity Security Cost Average Cost Price Va lu e Assets Income Interest Maturity -- FNMA & FHLMC 3 1,5 62 Fll LMC POOLG l4203 104.56 33,002 104 .8 1 33,082 0 .12 1,262 105 1.43 4 .000% Due 04-01-26 Acc n1 cd Int erest 10 5 0.00 33,002 33,187 0.12 10 5 CASH AND EQUIVALENTS CAS I! RE CEIVABLE 984 984 0.00 D IVIDEND ACC R UA L 20,988 20,988 0 .07 WF A DV GOVT MM FD-INSTL #1751 476,5 18 47 6,5 18 1.69 498,490 498,490 1.7 6 CORPORATE BONDS 250 ,000 UN ITED PA RCEL SE R VICE 121.23 303,0 75 I 01.09 252,732 0 .8 9 13,750 2,903 1.71 5.5 00% Du cOl -1 5-18 200,000 MC DONALDS CORP M{f/N 104 .35 208 ,698 101.56 203,112 0 .72 10,700 892 1.6 1 5.350% Du e 0 3-0 1-1 8 200,000 BERKS HI RE HATHAWAY FINAN C E 117.86 235 ,7 I4 102 .37 204 ,734 0.72 10,800 4 ,080 1.58 5.400% Due05-15-18 200 ,000 COMMONW EALTH ED ISON 123 .2 0 24 6,400 104.05 20 8,104 0.74 13 ,900 2,934 1.77 6.950% Du c 07-15-18 200,00 0 SOUTHERN CAL EDI SON 122 .07 244 ,134 10 3 .38 206,75 8 0.73 11,000 1,406 1.59 5 .500% Due 08-15-18 200,000 TOYOTA MOTOR C REDIT CORP I 00.48 200,9 58 100.51 201,016 0 .7 1 4 ,2 00 863 1.70 2.100 % Du e 0 1-1 7-19 200,000 MIC RO SOFT CORP 117.24 234,472 104 .30 208,600 0 .74 8,400 2,800 1.58 4 .200 % Due06-0 l -19 200,000 T ORONTO-DOM INION OANK 101.89 203.782 100 .66 201,330 0 .7 1 4,500 75 1.9 1 2.250 % Du e 09-25-19 2 00 ,000 l-I SBC USA INC 99.6 1 199 ,21 6 100 .71 201 ,424 0.7 1 4 ,750 1,8 2 1 2 .03 2 .375 % Du e 11 -13-19 250,000 CA PITAL ONE 99.94 249,850 100.53 25 1,325 0 .89 5 ,8 75 995 2.12 2 .350% Du.: 0 1-31-20 200,000 ENT ERPRISE PR O DUCTS O PER 11 2.75 225,494 108.37 2 16,750 0 .77 10,400 867 2 .22 5 .200% Due 0 9-0 1-20 250 ,000 PN C BANK NA 99.72 249,300 100 .96 25 2,41 2 0 .89 6 ,125 2 ,484 2 .13 2 .450% Du e 11 -05-20 200,000 NBC UN IVER SAL ME DIA LLC 109.20 2 18,408 107 .62 2 15,232 0 .76 8,750 4 ,375 2.11 4 .3 75% Du e 04-0 1-2 1 200,000 AMERI CA N EX PR ESS C REDIT 99.92 199,850 99.8 5 199,708 0 .7 1 4 ,5 00 1,825 2.29 2 .250% Due 0 5-05-2 1 200,000 MO RGAN STANLEY 114.98 229,964 110 .92 22 1,8 4 6 0 .79 11 ,000 1,925 2.4 9 5 .500% Due 07-28-2 1 73 Alaska Permanent Capita l Management Co. PORTFOLIO APPRAISAL CITY OF KENAI PERMANENT FUNDS September 30, 2017 Yie ld Average T otal Market Pct. Annu a l Accrued to QuantiL Secu ri ty Cost Ave rage C ost Pri ce Va lu e Asse ts Income Interest Maturi ty - 200,000 G ILEAD SCIENCES INC 96.2 8 192 ,564 98.56 I97,I 12 0.70 3 ,900 325 2 .30 I.950% Due 03-0 1-22 200,000 BANK AMER CORP 99.3 4 198,686 I02.44 204,890 0.73 6,600 I ,467 2 .80 3.300% Due OI -11 -23 150,000 DISCOVERY COMMUN ICATIONS 98.88 14 8,320 I 00.40 150,604 0.53 4 ,875 2,437 3 .I7 3.250% Due 04-0 1-23 150.000 NEWELL BRANDS INC 106.0 I I 59,022 !05 .06 157 ,590 0.56 5,775 2 ,88 7 2.8 5 3 .850% Due 04-0 1-23 200,000 Waste Management In c 100.24 200,478 98.84 197,690 0.70 4 ,800 1.8 13 2.62 2.400% Due 05-I 5-23 200,000 BANK OF NEW YORK MELLON 97.83 195.666 97 .85 I 95,700 0 .69 4 ,400 550 2.60 2.200% Du e 08-I6-23 200,000 JPMO RGAN C HASE & CO 105 .18 2 I0,362 I05 .8 4 2 1 I ,680 0 .75 7,750 1,292 2.86 3 .875% Due 02-0 I -2 4 200,000 M ETUFE INC 105 .4 6 210,930 104 .54 209,086 0.74 7,200 3,420 2 .83 3.60 0% Due 0 4-1 0-24 175,000 PRUDENT IAL FINANC IAL INC 103. 15 180,505 104 .02 18 2,042 0 .64 6 ,125 2 ,314 2.83 3.500% Due05-15-24 200,000 WE LLS FARGO & C OM PANY 99.88 I99,764 I 01.65 203 ,294 0.72 6,600 403 3.03 3 .300% Due 09-09-24 I 50,000 REYNOLDS AMER ICAN INC I08.47 162 ,700 I 07.1 8 I 60,776 0.57 6,675 2 ,021 3.38 4 .4 50% Due 06-12-25 200,000 A PPLI ED MATER IALS INC I07.96 2 I5,912 106.84 2 I3,684 0.76 7,800 3 ,900 2.93 3.900% Due I0-0 1-25 I 50,000 AN HEUSER-BUSC ll INBEV FIN 103.0 1 154 ,519 103 .4 5 155,176 0.55 5,475 9 12 3.18 3.650% Due 02-0 1-26 Acc ru ed Interest 53 ,987 0 .19 --- 5,878,745 5,73 8,396 20.31 53,987 DOM ESTIC F IXED INCOM E FUND S/ETF 999,900 GOLD MAN SAC HS PR IME OBLI GATIONS FUND I.00 I ,000,067 1.00 1,000,200 3.54 NA DOMEST IC LARGE CAP EQ UITY FUNDS /ET F 33,000 FLEXS HAR ES QUAL DIV ETF 40.67 1,341 ,978 42.43 1,400,I90 4.96 NA 17,000 S PDR S&P 500 ETF I 10 .49 I ,878,278 25 1.23 4 ,270,9 10 15 .12 NA 3 ,220,256 5,67 1,I OO 20.08 DOM ES TIC MID CAP EQUITY FUNDS/ETF 17 ,475 ISHARES CORE S&P M IDCA P 4 00 ETF 66.27 I ,158 ,075 178 .90 3,126,277 I I .07 NA DOM ESTIC SMALL CAP EQUITY F UNDS/ETF 23 ,375 IS HAR ES S&P SMALLCAP 600 INDEX ETF 3 I .00 724,633 74.22 1,734,8 92 6.14 NA 2 74 Alaska Permanent Capital Management Co . PORTFOLIO APPRAISAL CITY OF KENAI PERMANENT FUNDS Sept ember 30, 2017 Yield Average Total Market Pct. Annual Accrued to Quantity Security Cost Average Cost Price Value Assets lncome --Inte rest Maturity I NTERNATIONAL EQUITY FUNDS/ETF 49,600 ISHARES ETF CORE MS C'I EAFE 50.8 1 2 ,520 ,166 64 .17 3, 182 ,832 11 .27 NA EMERGING MARKET FUN DS/ETF 27,000 ISll ARES ETF C ORE MSC'I EME RGING MKTS 37.29 1,006,779 54.02 1,458,5 40 5.l 6 NA REAL ESTATE 13,000 VANGUA RD R EIT ETF 35.19 4 57,463 83.09 1,080,170 3.82 NA U.S. TREASU RY 25,000 US TREA SURY NOTES 99.94 24,984 99.83 24 ,958 0.09 3 12 118 1.40 1.250% Due 11-1 5-18 200,000 US TREASURY NOTES 99.64 199,28 1 99.5 1 199,02 4 0 .70 2 ,5 00 1,046 1.4 9 1.250% Du e 10-3 1-19 75 ,000 US TREAS UR Y NOTES 100.33 75 ,246 99 .3 0 74,479 0 .26 937 87 1.54 I .25 0 % Due 02-29-20 150 ,000 US TREASU R Y NOTES 100.06 150,0 94 97 .69 146 ,532 0 .52 1,687 4 26 1.76 1.12 5% Due 06-30-2 1 375,000 US TREASUR Y NOTES 99.34 372,5 10 I 01.30 379,894 1.3 4 7,969 2,014 1.76 2 .125 % Du e 06-30-21 750,000 US TR EASURY NO T ES 100.59 754 ,414 100 .72 755,392 2 .67 15 ,000 6,3 11 1.82 2.000% Du e I 0-3 1-2 1 525,000 US TREASURY NOTES 101.3 1 53 1,8 79 100.62 528,260 1.87 10,500 2,668 1.85 2.000% Du e 12-3 1-2 1 225,00 0 US T REASURY NOTES 101.00 227 ,250 99.93 224,833 0.80 4 ,2 19 1,41 8 1.89 1.8 75% Du e 0 5-3 1-22 500,000 US TREASURY NOTES 98.24 491 ,21 1 102 .58 5 12 ,890 1.82 12,500 1,5 96 2.03 2 .5 00% Due 0 8-1 5-23 500,00 0 US TR EASU RY NOTES 100.23 501 ,133 10 1.41 507 ,0 50 1.79 l 1,8 75 1,5 17 2 .15 2.375% Due08-15-24 425 ,000 US TREASUR Y NOTES 100.65 427.756 94 .85 403 ,121 1.4 3 6,906 2,609 2.29 1.62 5% Due 05-15-26 250,000 US TREASURY NOTES 95.26 238,145 97 .4 5 243,622 0 .8 6 5,000 1,889 2.3 1 2.000% Due 1 1-1 5-26 150 ,000 US TR EASU RY NOTES 100.24 150 ,3 63 99.39 149 ,092 0.53 3,375 4 3 1 2.32 2.250% Due 02-1 5-27 Acc ru ed In terest 22 ,130 0.08 4 ,144,266 4 ,171 ,279 14 .77 22,130 AGENCI ES 250,000 Fll LM C 99 .73 249,325 99.57 248,932 0 .88 4 ,250 24 1.85 1.700% Due 0 9-29-20 3 75 Quantity Secur i ty 300,000 FEDERAL FARM C RED IT BAN K 2.850% Due 04-24-25 Accm ed In terest TOTAL PORTFOLIO Alaska Permanent Capital Ma nag ement Co . PORTFOLIO APPRAISAL CITYOFKENAIPERMANENTFUNDS September 30, 201 7 Ave rage Total C ost Average C ost Price - 100.00 300,000 100.00 549,325 2 1,191,267 4 Market Va lue 300,000 3,752 552.685 28,248,048 Yield Pct. Annual Accrued to Asset s Income Interest Maturity -- 1.06 8,5 50 3,729 2.85 0.01 1.96 3,752 100 303,469 79,975 76 Alaska Permanent Capital Management Co. TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDS From 09-01-17 To 09-30-17 Trade Date Settle Date PURCHASES AGENCIES Security 09-22-17 09-29-17 FIILMC 1.700% Due 09-29-20 DEPOSITS AND EXPENSES MANAGEMENT FEES 09-30-17 09-30-17 MANAGEMENT FEES DIVIDEND DOMESTIC FIXED INCOME FUNDS /ETF 09-05-1 7 09-05-17 GOLDMAN SACHS PRIME OBLIGATIONS FUND 09-29-17 10-03-17 GOLDMAN SACHS PRIME OBLIGATIONS FUND DOMESTIC LARGE CAP EQUITY FUNDS/ETF 09-15-17 10-31-17 SPDR S&P 500 ETF 09-18-17 09-22-1 7 FLEXSHARESQUALDIV ETF DOMESTIC MID CAP EQUTTY FUNDS/ETF 09-26-17 09-29-17 I SHARES CORE S&P MIDCAP 400 ETF DOMESTIC SMALL CAP EQUITY FUNDS/ETF 09-26-17 09-29-17 !SHARES S&P SMALLCAP 600 INDEX ETF Quantity 250 ,000 Trade Amount 249,325.00 249,325.00 4.020.67 4,020.67 1,497.83 983.64 2,481.47 20,98 7.76 9,765.00 30,752 .76 11 ,081.67 5,287.85 77 Alaska Pennanent Capital Management Co. TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDS From 09-01-17 To 09-30-17 Trade Date Settle Date REAL ESTATE Security 09-22-17 09-27-17 VANGUARD REIT ETF INTEREST CASH AND EQUIVALENTS 09-01-17 09-01-17 WF ADV GOVT :MM FD-INSTL #1751 CORPORATE BONDS 09-01-17 09-01-17 ENTERPRISEPRODUCTS OPER 5.200% Due 09-01-20 09-01-17 09-01-17 GILEAD SCIENCES INC 1.950% Du e 03-01-22 09-01-17 09-01-17 MCDONALDS CORP M /T /N 5.350% Du e 03-01-18 09-09-17 09-09-17 WELLS FARGO & COMPANY 3.300% Due 09-09-24 09-22-17 09-25-17 TORONTO-DOMINION BANK 2.250% Due 09-25-19 FNMA &FHLMC 09-15-17 09-15-17 FHLMC POOL G 14203 4.000% Due 04-01-26 2 Quantity Trade Amount 11,102.00 60,705.75 3 12.71 5,200.00 1,950 .00 5,350.00 3,300.00 2,250.00 18 ,050.00 107.22 18,469.93 78 Alaska Permanent Capital Management Co. TRANSACTION SUMMARY CITYOFKENAIPERMANENTFUNDS From 09-01-1 7 To 09-30-17 Trade Date Settle Date Security PRINCIPAL PA YDOWNS FNMA&FHLMC 09-15-17 09-15-17 FHLMCPOOLG14203 4.000% Due 04-01-26 SALES, MATURITIES, AND CALLS U.S. TREASURY 09-22-17 09-26-17 US TREASURY NOTES 1.250% Due 11-15-18 SOLD ACCRUED INTEREST U.S. TREASURY 09-22-17 09-26-17 US TREASURY NOTES 1.250% Due 11-15 -18 WITHDRAW CASH AND EQUIVALENTS 09-20-17 09-20-17 WF ADV GOVT MM FD-INSTL #1751 3 Quantity 605.25 250,000 Trade Amount 605.25 605.25 249,726.56 249,726.56 1,137.91 1,137.91 381.91 381.91 79 Date Quantity Alaska Permanent Capital Management Co . REALIZED GAINS AND LOSSES CITY OF KENAI PERMANENT FUNDS From 09-01-17 Through 09-30-17 Avg. Cost Security Basis Proceeds 09-15-17 605.25 FHLMC POOL Gl4203 632.86 605.25 4.000% Due 04-01-26 09-22-17 25 0 ,000 US TREASURY NOTES 249 ,8 43.75 249 ,726.56 1.250% Due 11-15-18 TOTAL GAINS TOTAL LOSSES 250,476.62 250,331 .81 Gain Or Loss -27.61 -117.19 0.00 -144.81 -144.81 80 Alaska Pennanent Capital Management Co. CASH LEDGER CJTYOFKENAJPERMANENTFUNDS From 09-01-17 To 09-30-17 Trade Settle Tran Date Date Code ----Activity Security Amount CASH RECEIVABLE 09-01-17 Beginning Balance 0.00 09-29-17 I 0-03-17 dp Dividend GOLDMAN SACHS PRIME 983.64 OBLIGATIONS FUND 09-30-17 Ending Balance 983.64 WF ADV GOVT MM FD-INSTL #1751 09-01-17 Beginning Balance 417,551.18 09-01-17 09-01-17 dp Interest ENTERPRISE PRODUCTS OPER 5,200 .00 5.200% Due 09-01-20 09-01 -17 09-01 -17 dp Interest GILEAD SCJENCES INC 1,950.00 1.950% Due 03-01-22 09-01 -1 7 09-01-17 dp Interest MCDONALDS CORP M/T/N 5,350.00 5.350% Due 03-01-18 09-01-17 09-01-17 dp Interest WF ADV GOVT MM FD-INSTL 3 12.7 1 #1751 09-05-17 09-05-17 dp Di v idend GOLDMAN SACHS PRIME 1,497.83 OBLIGATIONS FUND 09-09-17 09-09-17 dp Int erest WELLS FARGO & COMPANY 3,300.00 3.300% Due 09-09-24 09-15-17 09-15-17 dp Interest FHLMC POOL 014203 107.22 4.000% Due 04-01-26 09-15-17 09-15-17 dp Pa yd own FHLMC POOL G14203 605.25 4.000% Due 04-01-26 09-18-1 7 09-22-17 dp Dividend FLEXSHARES QUAL DIV ETF 9,765.00 09-20-17 09-20-17 wd Withdrawal from Portfolio -381.91 09-22-17 09-29-17 wd Purchase FHLMC -249,3 25.00 1. 700% Due 09-29-20 81 Alaska Pemrnnent Capital Management Co. CASH LEDGER CITYOFKENAIPERMANENTFUNDS From 09-01 -17 To 09-30-17 Trade Settle Tran Date Date Code Activity Security Amount -- 09-22-17 09-26 -17 dp Sale US TREASURY NOTES 249,726.56 l.250% Due 11-15-18 09-22-17 09-26-17 dp Accrued In te rest US TREASURY NOTES 1,137.91 1.250% Du e 11-15-18 09-22-17 09-25-17 dp Intere st TORONTO-DOMINION BANK 2,250.00 2.250% Due 09-25-19 09-22-17 09-27-17 dp Dividend VANGUARD REIT ETF 11 ,102.00 09-26-17 09-29-17 dp Dividend TSHARES CORE S&P MIDCAP l 1,08l.67 400ETF 09-26-17 09-29-17 dp Dividend !SHARES S&P SMALLCAP 600 5,287.85 INDEXETF 09-30-17 Ending Balance 476,518.27 DIVIDEND ACCRUAL 09-01-17 Beginning Balance 0.00 09-1 5-17 10-31 -17 dp Dividend S PDR S&P 500 ETF 20,987.76 09-30-17 Ending Balance 20,987.76 2 82 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: NOVEMBER 1, 2017 VENDOR DESCRIPTION DEPT. BEST TRANSIT MIX SAND STREETS MOSCA DESIGNS WINTER POLE DECORATIONS RECREATION AMAZON BOOKS LIBRARY INGRAM LIBRARY SERVICES BOOKS LIBRARY ACCOUNT OPERATING SUPPLIES SMALL TOOLS BOOKS BOOKS NELSON ENGINEERING RYAN'S CREEK CULVERT REPAIR MUNICIPAL RDWY IMPS CONSTRUCTION CHARIOT GROUP SENIOR CENTER SOUND SYSTEM SENIOR CTR IMPS CONSTRUCTION AMOUNT 12,000.00 6,383.00 3,000.00 4,000.00 5,445.00 5,679.38 83 NOVEMBER 1, 2017 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to Item D.1. Ordinance No. 2990-2017 • Vicinity Map City Manager Add to Item G.5. Mayoral Nomination • Memo identifying Sovala Kisena nomination for the Parks & Recreation Commission City Clerk Add to Item J.1. City Manager Report • Memo re. Kenai Arts Guild As Built City Manager Add as Appropriate Various • eComments on Agenda Items City Clerk "J !!2 !!2 !!2 !!2 E E E EE E E E E B R I D G E A C C E S S R D BE A V E R L O O P R D 16'' H D P E 1 3 8 ' ' HD P E 1 3 16'' H D P E 1 3 Lot 7A, Block 1Bridge Road SubdivisionLockwood Addition General LocationHigh Pressure Gas Line General LocationHigh Pressure Gas Line Ordinance No. 2990-2017 Cook Inlet NaturalGas Storage Alaska(CINGSA) !8 Water Valve Opened G!.Fire Hydrant Water Main Sewer Main Overhead Power PoleOverhead Powerlines !!2 Manholes "J Service Connections !4 Service Connection ® E General LocationCINGSA High PressureGas Line Page 2 of 8 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: FROM: Jamie Heinz, City Clerk DATE: November 1, 2017 SUBJECT: Parks & Recreation Commission Appointment ______________________________________________________________________ With Jacquelyn Hudson’s resignation from the Parks & Recreation Commission on September 8, 2017, the Parks & Recreation Commission currently has a vacancy that needs to be filled. Sovala Kisena has submitted an application expressing interest in filling the vacancy. The term expires December 2019. Mayor Gabriel has requested this applicant be added to the meeting agenda for her nomination and consideration by Council for confirmation. A committee/commission vacancy shall be filled by nomination of the Mayor and confirmation by the Council (KMC 1.90.010). Your consideration is appreciated. Page 3 of 8 Page 4 of 8 Page 5 of 8 Page 6 of 8 City Council 11-01-17 18:00 Agenda Name Comments Support Oppose Neutral G.5) Action/Approval – Mayoral Nomination and Council Confirmation to Appoint Applicants to Committee/Commission Vacancies. 1 0 1 0 C) UNSCHEDULED PUBLIC COMMENTS 1 1 0 0 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for G.5) Action/Approval – Mayoral Nomination and Council Confirmation to Appoint Applicants to Committee/Commission Vacancies. Overall Sentiment Bob McIntosh Location: Submitted At: 3:13pm 10-29-17 Applicants and their applications should be provided ahead of time. Otherwise, the council confirmation becomes a rubber stamp. And there can be no public discourse or comments on the appointments and confirmations, no public input into matters that will effect the public directly. Therefore, the appointment and confirmation to commissions should be postponed until the information is available to the council and public with enough time for their review and comment Thanks Bob McIntosh Page 7 of 8 Agenda Item: eComments for C) UNSCHEDULED PUBLIC COMMENTS Overall Sentiment Bob McIntosh Location: Submitted At: 1:41pm 10-29-17 Thanks for ecomments Page 8 of 8