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2019-02-06 Council Packet
KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 06, 2019 - 6:00 PM KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A.CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL 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 D.1.Ordinance No. 3048-2019 – Amending Kenai Municipal Code Chapter 5.25, Mobile Food Vendors, to Revise Application Requirements, License Terms, and Business Conduct Requirements and Make Other Housekeeping Amendments. (City Clerk) Ordinance No. 3048-2019.pdf D.2.Ordinance No. 3049-2019 – Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund for Tenant Requested Improvements to the Automated Flight Service Station. (Administration) Ordinance No. 3049-2019.pdf Ordinance No. 3049-2019 - Update Memo.pdf D.3.Resolution No. 2019-08 – Authorizing the Purchase of Real Property Described as Lots Two (2) and Three (3), Block 5, East Addition Townsite of Kenai, 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. (Administration) Resolution No. 2019-08.pdf D.4.Resolution No. 2019-09 – Declaring a Utility Easement 20 Feet Wide and Approximately 242 Feet in Length Along the Northern Boundary of Lot 5, Block 1, and the Southern Boundary of Lot 6, Block 1, FBO Subdivision as Set Forth on the Attached Exhibit “A” is not Needed for a Public Purpose and Consenting to its Vacation. (Administration) 1 Kenai City Council Meeting Page 2 February 06, 2019 Resolution No. 2019-09.pdf D.5.Resolution No. 2019-10 – Encouraging the State of Alaska Board of Fisheries to Rescind their January 18, 2019 Decision to Move the Upper Cook Inlet 2020 Finfish Meeting to Anchorage Due to the Lack of Adequate Public Notice and Process. (Council Member Molloy) Resolution No. 2019-10.pdf D.6.Resolution No. 2019-11 – Awarding a Three Year Agreement, with the Option of Two, One-Year Extensions by Mutual Consent, to Ingram Content Group, for the Purchase of Library Materials and Authorizing Issuance of a Purchase Order in the Amount of $21,000.00 for the Remainder of FY2019. (Administration) Resolution No. 2019-11.pdf D.7.Resolution No. 2019-12 - Amending Terms of the Deed of Trust for the Bowling Alley Subject to Additional Terms and Conditions. (Legal) [Clerk’s Note: Council May Convene into Executive Session to Discuss this Agenda Item which Pursuant to AS 44.62.310(c)(1)(3) 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)] Resolution No. 2019-12.pdf E.MINUTES E.1.*Regular Meeting of January 16, 2019 01-16-19 Council Minutes - DRAFT.pdf E.2.*Work Session of January 16, 2019 01-16-19 Work Session- Investments - DRAFT.pdf F.UNFINISHED BUSINESS G.NEW BUSINESS G.1.*Action/Approval – Bills to be Ratified. (Administration) Payments over $15,000.pdf G.2.*Action/Approval – Purchase Orders Exceeding $15,000. (Administration) G.3.*Action/Approval – Non-Objection to Liquor License Renewals for Kenai Joe’s, Peninsula Oilers Baseball Club, and Oaken Keg #1808 (City Clerk) Liquor License Renewals.pdf G.4.*Ordinance No. 3050-2019 – Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services Passed through the Alaska State Library for Employee Travel and Training. (Administration) Ordinance No. 3050-2019.pdf G.5.*Ordinance No. 3051-2019 – Accepting and Appropriating Private Donations to the Kenai Animal Shelter for the Humane Capture and Treatment of Animals. (Administration) 2 Kenai City Council Meeting Page 3 February 06, 2019 Ordinance No. 3051-2019.pdf G.6.*Ordinance No. 3052-2019 – Amending Provisions in Kenai Municipal Code Title 3-Animal Control, Including the Definition of “Vicious Animal” in Kenai Municipal Code 3.05.010-Definitions, Mandatory Court Appearance Requirements in Kenai Municipal Code 3.05.070-Citation Procedure, Including a New Offense in Kenai Municipal Code 3.10.020 - Control and Confinement of Animals, and Making Corresponding Changes to Kenai Municipal Code 13.10.015 – Minor Offense Fine Schedule and the City’s Uniform Minor Offense Table. (Legal) Ordinance No. 3052-2019.pdf G.7.Action/Approval – Agreement for Temporary use of Facilities at the Fire Training Facility to the American National Red Cross. (Administration) Red Cross Agreement.pdf H.COMMISSION/COMMITTEE REPORTS H.1.Council on Aging 01-10-19 COA Meeting Summary - DRAFT.pdf H.2.Airport Commission 01-10-19 Airport Summary - DRAFT.pdf H.3.Harbor Commission H.4.Parks and Recreation Commission 01-03-19 Parks & Rec Summary - DRAFT.pdf H.5.Planning and Zoning Commission H.6.Beautification Committee 01-08-19 Beauty Summary - DRAFT.pdf H.7.Mini-Grant Steering Committee I.REPORT OF THE MAYOR J.ADMINISTRATION REPORTS J.1.City Manager City Manager's Report.pdf J.2.City Attorney J.3.City Clerk K.ADDITIONAL PUBLIC COMMENT K.1.Citizens Comments (Public comment limited to five (5) minutes per speaker) 3 Kenai City Council Meeting Page 4 February 06, 2019 K.2.Council Comments L.EXECUTIVE SESSION L.1.See D.7. Discuss Terms Regarding the Sale of Property Located at 10639 Kenai Spur Highway, Kenai, AK, Also Known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity), Pursuant to AS 44.62.310(c)(1)(3) 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. M.PENDING ITEMS INFORMATION ITEMS Purchase Orders between $2,500 and $15,000 for Council Review Purchase Orders between $2,500 - $15,000.pdf N.ADJOURNMENT 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. 4 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: City Clerk CITY OF KENAI ORDINANCE NO. 3048-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 5.25, MOBILE FOOD VENDORS, TO REVISE APPLICATION REQUIREMENTS, LICENSE TERMS, AND BUSINESS CONDUCT REQUIREMENTS AND MAKE OTHER HOUSEKEEPING AMENDMENTS. WHEREAS, the City of Kenai began issuing Mobile Food Vendor Licenses in 1978; and, WHEREAS, since the regulations were adopted, the State of Alaska has amended its regulations governing Mobile Food Vendors, compelling changes to Kenai Municipal Code; and, WHEREAS, it is also prudent to amend certain application requirements to require less private information for security purposes; and, WHEREAS, simplifying the license term will make it easier for owners of the mobile food vending units to ensure they are properly licensed; and WHEREAS, appeals to the Board of Adjustment are not provided for with other licenses the City Clerk issues, nor has an appeal ever been brought for a Mobile Food Vendor License and, because the reasons for granting a license and revocation are objective such as tax compliance or valid insurance policies, an appeal process is not necessary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 5.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.010 – Definitions, is hereby amended as follows: 5.25.010 Definitions. (a) “Mobile food vending unit” means any type of vehicle, [OR] wagon, or trailer, which is designed to be readily movable and from which any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location, whether on private or public property, within the boundaries of the City. (b) “Operate” means to engage in the business or to conduct the designated business as owner of the business; or as an owner to employ, induce, or otherwise procure another person to operate or conduct the business. (c) “Owner” means all persons having a proprietary interest in the business requiring a license[; OR IN THE CASE OF A CORPORATION, “OWNER” MEANS ALL PERSONS HOLDING MORE THAN THIRTY PERCENT (30%) OF THE VOTING STOCK OF THE CORPORATION]. 5 Ordinance No. 3048-2019 Page 2 of 4 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 2. Amendment of Section 5.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.020 – Application for license, is hereby amended as follows: 5.25.020 Application for license. (a) Applications for a mobile food vending unit license shall be made in writing to the City Clerk on forms prescribed and furnished by the Clerk. (b) Applications shall contain the following information: (1) The full name of the applicant; [(2) THE APPLICANT’S SOCIAL SECURITY NUMBER;] [(3)](2) The mailing, residential, and business addresses of the applicant; [(4)](3) The date of the application; [(5)](4) The nature and a description of the food vending unit business or activity to be conducted; [(6)] (5) The type of vehicle, license number, and registration number of the vehicle used as said unit; [(7)] (6) The Kenai Peninsula Borough sales tax registration number of the applicant. (c) With the application, the applicant shall also furnish: (1) [THE ORIGINAL INSPECTION REPORT TO BE COPIED BY THE CLERK, ISSUED TO THE APPLICANT/OWNER BY THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH AND SANITATION, STATE OF ALASKA;] Copy of current valid permit issued by the Alaska Department of Environmental Conservation, Division of Environmental Health; (2) The [FEE FOR THE CITY LICENSE AS PRESCRIBED HEREIN] Mobile Food Vending fee as provided in the fee schedule; (3) The legible signature of the applicant/owner or person authorized to sign on behalf of the applicant/owner; (4) An affirmation or oath, as may be required by the Clerk, that the information and statements made in connection with the application are true, correct, and complete; (5) Certification by the Kenai Peninsula Borough Finance Department in a tax compliance certificate (provided in application materials) that the owner(s) is current in the payment of any tax to the City of Kenai and the Kenai Peninsula Borough; [(5)](6) A certificate of insurance indicating that the applicant’s operation of a mobile food vending unit is covered by liability insurance as follows: Personal Injury (each occurrence) $100,000 Aggregate Products (each occurrence) $300,000 Property Damage (each occurrence) $50,000 (d) Said insurance policy or policies shall provide for not less than thirty (30) days’ written notice to the City Clerk of cancellation or expiration or substantial change in policy conditions and coverage. Section 3. Amendment of Section 5.25.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.050 – License fee and term, is hereby amended as follows: 6 Ordinance No. 3048-2019 Page 2 of 4 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 5.25.050 License fee and term. For issuance of a license, an applicant shall pay an annual fee as set forth in the City’s schedule of fees adopted by the City Council. The license shall expire one (1) year from its issuance. [THE CLERK MAY ISSUE A LICENSE WHICH SHALL EXPIRE WITHIN A SHORTER DURATION OF TIME AND THE FEE THEREFOR SHALL BE PROPORTIONATELY REDUCED.] All non-profit organizations shall be exempt from paying the license fee. Said organizations making application should present proof sufficient to the Clerk of its non-profit status. Section 4. Amendment of Section 5.25.070 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.070 – Appeal, is hereby repealed in its entirety: 5.25.070 [APPEAL.] Repealed [(A) ANY APPLICANT OR LICENSEE DESIRING TO APPEAL FROM THE DECISION OF THE CLERK IN RESTRICTING OR REVOKING ANY LICENSE PROVIDED FOR BY THIS CHAPTER SHALL WITHIN TEN (10) DAYS FROM THE RECEIPT OF A WRITTEN DECISION, AS PROVIDED BY KMC 5.25.060, FURNISH THE CITY MANAGER A WRITTEN NOTICE OF APPEAL, STATING THE ORDER OR DECISION FROM WHICH THE APPEAL IS TAKEN. THE CITY MANAGER, UPON RECEIPT OF SUCH NOTICE OF APPEAL, SHALL SET THE DATE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL. THE CITY MANAGER SHALL, UPON SETTING THE DATE OF THE PUBLIC HEARING BEFORE THE CITY COUNCIL, NOTIFY THE APPELLANT AND THE CLERK OF THE TIME AND PLACE OF SUCH HEARING. (B) THE NOTICE OF THE TIME AND PLACE OF HEARING SHALL BE GIVEN WITHIN TEN (10) DAYS FROM THE DATE OF THE HEARING AND NOT LESS THAN THREE (3) DAYS PRIOR TO THE HEARING. (C) AFTER PUBLIC HEARING HEREINBEFORE REQUIRED, THE CITY COUNCIL SHALL HAVE THE POWER TO MODIFY, REVOKE, RESCIND, OR AFFIRM THE DECISION OF THE CLERK FROM WHICH THE APPEAL IS TAKEN, OR MAY ENTER ITS OWN DECISION AS MAY BE JUSTIFIED UNDER THE CIRCUMSTANCES.] Section 5. Amendment of Section 5.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.080 – Conduct of business, is hereby amended as follows: 5.25.080 Conduct of business. (a) A mobile food vendor may not operate from a location on a public street, alley, or right- of-way for a period of time in excess of one (1) hour, unless the operator acquires written permission from the [CHIEF OF POLICE] City Clerk to operate for a longer period of designated time to provide service to the public [ATTENDING A SPORTING OR RECREATIONAL EVENT]. (b) Notwithstanding the provisions of subsection (a) above, mobile food vendor may not operate on a public street, alley, or right-of-way where such operation would interfere with the normal flow of traffic, cause of safety hazard to pedestrians, or where the stopping or standing of the food vendor’s vehicle would violate State or local traffic regulations, or any other regulations required by Title 13 of the Alaska Administrative Code, entitled “Public Safety.” (c) The mobile food service may not be operated in front of or immediately adjacent to any established business offering the same or similar commodities upon a fixed location. 7 Ordinance No. 3048-2019 Page 2 of 4 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (d) No person may operate as a mobile food vendor within the boundaries of a City park unless such operation [IS PERMITTED UNDER ORDINANCE OR OTHER LAWFUL AUTHORITY] has been approved by the City Clerk in writing. (e) No person may operate as a mobile food vendor in a way that interferes with other businesses, through excessive noise, odor, or other nuisances. (f) The mobile food vendor must provide for the collection and removal of all waste from the site at the end of each day of operation. (g) The mobile food vendor must operate in compliance with the regulations found in the City’s Sign Code. (h) The mobile food vendor must post in a conspicuous place, able to be observed by the general public, both the permit issued from the Alaska Department of Environmental Conservation and the mobile food vendor license issued by the City of Kenai. Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 7. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: January 16, 2019 Enacted: February 6, 2019 Effective: March 8, 2019 8 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: January 8, 2019 SUBJECT: Ordinance No. 3048-2018 – Mobile Food Vendor Amendments The code enacting mobile food vending licensing was developed in 1978 and has remained relatively unchanged since enactment. Given changes over the years in state licensing and identity security it is prudent to update the regulations for the City’s mobile food vending licensing. This ordinance proposes some amendments to the application requirements consistent with the state licensing and requires less private information for security purposes. In addition, this ordinance simplifies the license term to provide for an annual license term and removes the option for a shorter duration which creates duplicate work when the vendor wants to extend operation and expiration dates that need to be tracked. We find these to be an inconvenience to the vendors. At the next meeting it is my intention to bring forth a resolution, to coincide with enactment of this ordinance, to amend the fee schedule for Mobile Food Vending Licensure from $120 per year to $50 per year which is consistent with the fee in Soldotna. Finally, after consultation with the Attorney, we have removed the appeal process because licensure is objective. A license would be revoked for reasons such as lapse in insurance coverage or expired permit from the State of Alaska, Department of Environmental Conservation and these are not reasons subject to opinion that it would be appropriate to appeal. Your consideration is appreciated. 9 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3049-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT IMPROVEMENTS CAPITAL PROJECT FUND FOR TENANT REQUESTED IMPROVEMENTS TO THE AUTOMATED FLIGHT SERVICE STATION. WHEREAS, the City of Kenai had a planned Capital Improvement Project for the Automated Flight Service Station Renovations Phase 3; and, WHEREAS, the Federal Aviation Administration (FAA) as tenant, has requested modifications to the original scope of work to improve the services they provide, primarily related to their training facilities; and, WHEREAS, the requested modifications were included within the bid documents released in a formal Invitation to Bid on November 16, 2018, with Bids received on December 14, 2018; and, WHEREAS, Polar North Construction LLC was the lowest responsive bidder at $182,315.00; and, WHEREAS, the estimated additional cost of the requested modifications totals $43,972.26, and the Public Works Department is coordinating with the FAA to receive funds in this amount from the FAA to contribute to the project for its completion; and, WHEREAS, without the additional funding from the FAA the City will not be able to award the project as there is insufficient funds to do so without the additional contribution. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: Airport Improvements Capital Project Fund: Increase Estimated Revenues – Miscellaneous Income $43,972.26 Increase Appropriations – Construction $43,972.26 Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. 10 Ordinance No. 3049-2019 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk _______ Finance Introduced: January 16, 2019 Enacted: February 6, 2019 Effective: February 6, 2019 11 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin – Public Works Director DATE: January 9, 2019 SUBJECT: Ordinance No. 3049-2019 The purpose of this memo is to recommend passage of Ordinance No. 3049-2018 requesting an increase to the estimated revenue and appropriations in the Airport Improvements Capital Project Fund in the amount of $43,972.26, for the completion of the Automated Flight Service Station (AFSS) Renovations Phase 3 project. The Public Works Department, in coordination with the Federal Aviation Administration (FAA) as tenant, has incorporated some facility modification requests into the current scope of work for the Phase 3 renovation project. The modifications were primarily focused on expanding existing training room space to accommodate a greater number of students. The City released a formal Invitation to Bid on November 16, 2018 with bids due on December 14, 2018. Five bids were received and Polar North Construction LLC was found to be the lowest responsive bidder at $182,315.00. The estimated costs of the FAA’s requested modifications total $43,972.26, and the Public Works Department is coordinating with the FAA for the City to receive a contribution from the FAA in that amount. As portions of the Federal Government are currently shutdown the timing of this contribution is unknown at this time. The FAA has communicated its strong desire and preference to see this work completed. Thank you for your consideration. 12 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin – Public Works Director DATE: January 30, 2019 SUBJECT: Ordinance No. 3049-2019 The purpose of this memo is to request postponement of this Ordinance until the February 20, 2019 Council Meeting. Ordinance No. 3049-2019 is requesting an increase to the estimated revenue and appropriations in the Airport Improvements Capital Project Fund in the amount of $43,972.26, for the completion of the Automated Flight Service Station (AFSS) Renovations Phase 3 project. The Public Works Department, in coordination with the Federal Aviation Administration (FAA) as tenant, has incorporated some facility modification requests into the current scope of work for the Phase 3 renovation project. The modifications were primarily focused on expanding existing training room space to accommodate a greater number of students. The City released a formal Invitation to Bid on November 16, 2018 with bids due on December 14, 2018. Five bids were received and Polar North Construction LLC was found to be the lowest responsive bidder at $182,315.00. The estimated costs of the FAA’s requested modifications total $43,972.26, and the Public Works Department is coordinating with the FAA for the City to receive a contribution from the FAA in that amount. The FAA staff involved with this project were furloughed due to the Federal Government shutdown and have just recently returned to work. A phone conference was conducted with the FAA on January 30, 2019 where they agreed to the construction costs as proposed and have begun the process of securing their portion of the funding for the project. Public Works anticipates those funds being secured by February 20, 2019. Thank you for your consideration. 13 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2019-08 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, AUTHORIZING THE PURCHASE OF REAL PROPERTY DESCRIBED AS LOTS TWO (2) AND THREE (3), BLOCK 5, EAST ADDITION TOWNSITE OF KENAI, FOR THE PUBLIC PURPOSE OF INCLUDING THE PROPERTY IN THE KENAI BLUFFS BANK STABILIZATION PROJECT AND DETERMINING THAT PUBLIC INTEREST WILL NOT BE SERVED BY AN APPRAISAL. WHEREAS, the subject real property is described as Lots two (2) and three (3), Block five (5), East Addition Townsite of Kenai, Seward Meridian, Kenai Recording District, State of Alaska; and, WHEREAS, the total purchase price for the subject parcel containing 0.3 acres is $2,200, plus estimated closing costs of $510; and, WHEREAS, pursuant to Kenai Municipal Code 22.05.135(a), the City may acquire property needed for a public use without an appraisal if the Council upon resolution determines the public interest will not be served by an appraisal; and, WHEREAS, an appraisal does not serve the public intent for this parcel as the purchase price is reasonable and an appraisal would add an unnecessary cost to the transaction; and, WHEREAS, the City Council has authorized the City Manager to enter into negotiations with property owners whose parcels have been identified by the United States Army Corps of Engineers as being needed for the construction of erosion-control structures or to provide permanent access to support the Kenai Bluffs Bank Stabilization Project; and, WHEREAS, the Lower Kenai River has eroded the bluff properties through the Original Town- site of Kenai at an estimated rate of three feet per year, causing the loss of public and private infrastructure, buildings, and lands; and, WHEREAS, the subject parcel will be included in the project to stabilize the erosion of the bluff at the mouth of Kenai River; and, WHEREAS, funds are available for the subject parcel purchase through Legislative Grant 12-DC- 377. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council hereby authorizes the City Manager to purchase the real property to be retained by the City for a public use known as Lots Two (2) and Three (3), Block Five (5), East Addition Townsite of Kenai (Kenai Peninsula Borough Parcel Number 04711503) for the total purchase price of $2,200 plus estimated closing costs of $510 on a form approved by the City Attorney. 14 Resolution No. 2019-08 Page 2 of 2 Section 2. An appraisal does not serve the public interest as the purchase price is reasonable and the additional cost of an appraisal is unnecessary and would only add to the cost of the transaction. Section 3. That the Kenai City Council further finds the acquisition of the subject parcel to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by its acquisition. Section 4. That this resolution takes effect immediately upon adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: ____________________ 15 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: January 29, 2019 SUBJECT: Resolution No. 2019-08 – Authorizing the Purchase of Real Property ____________________________________________________________________________ Resolution 2019-08 approves the purchase of real property described as Lots 2 and 3, Block 5, East Addition Townsite of Kenai, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska (Kenai Peninsula Borough Parcel Number 04711503). This 0.3 acre parcel is located along the Kenai River bluff, and has been severely eroded. The United States Army Corps of Engineers identified this parcel as being necessary for the construction of erosion- control structures or to provide permanent access to support the Kenai Bluffs Bank Stabilization Project. The aerial imagery map attached to this memorandum shows the location of the parcel and the severe degree of erosion. The parcel is owned by Mrs. Honaker’s, LLC. The agreed upon purchase price with Dr. Terri Elliott, D. O., a representative of Mrs. Honaker’s, LLC, is $2,200 plus estimated closing costs of $510. Funding for the purchase will be provided through Legislative Grant 12-DC-377. A copy of the Purchase and Sales Agreement is attached to this memorandum. If City Council approves the resolution, the City Manager will move forward to finalize the purchase. Thank you for your consideration. 16 ACS REPLATEAST ADD., TOWNSITE OF KENAIDE2014 ADDN.14-14629186583A-12711612912414A6542531014151-A161513141511161212113A-2(6)(1)(2)(5)(4)(3)60060260460660850345005035067007017007015145075096056096076135075085115085096006026016126016035055095115136076056095035076056075015085106006026016126016035055095115136076056095015076056075015085105145075096056096076135075085115085096006026046066085095034500502503506509PENINSULA AVEMARINE AVEKENAI SPUR HWYBLUFF STSOUTH WILLOW STLAKE ST60060260460660850345005035067007017007015145075096056096076135075085115085096006026016126016035055095115136076056095035076056075015085106006026016126016035055095115136076056095015076056075015085105145075096056096076135075085115085096006026046066085095034500502503506509.125 'Date: 1/29/2019The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.1 inch equals 125 feetKPB Parcel 04711503Lots 2 and 3, Block 5, East Addition Townsite of KenaiAerial Imagery Map17 18 19 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2019-09 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, DECLARING A UTILITY EASEMENT 20 FEET WIDE AND APPROXIMATELY 242 FEET IN LENGTH ALONG THE NORTHERN BOUNDARY OF LOT 5, BLOCK 1, AND THE SOUTHERN BOUNDARY OF LOT 6, BLOCK 1, FBO SUBDIVISION AS SET FORTH ON THE ATTACHED EXHIBIT “A” IS NOT NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO ITS VACATION. WHEREAS, on September 26, 2018, by Resolution No. PZ2018-23 the City of Kenai Planning and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission approve FBO Subdivision 2018 Replat with vacation of a 20 feet wide and approximately 242 feet in length utility easement; and, WHEREAS, on November 26, 2018, the Kenai Peninsula Borough Plat Committee met and granted conditional approval of the Preliminary Plat of FBO Subdivision 2018 Replat consistent with the recommendation of the City of Kenai Planning and Zoning Commission; and, WHEREAS, ACS, ENSTAR Natural Gas, Homer Electric Association, GCI, and the Alaska Department of Transportation Utilities do not object to the removal of the utility easement; and, WHEREAS, on January 7, 2019, the Kenai Peninsula Borough Planning Commission approved the vacation of utility easement; and, WHEREAS, on January 9, 2019, the Kenai Peninsula Borough submitted a letter to the Kenai City Council requesting the approval of the vacation of the utility easement, pursuant to Kenai Municipal Code 22.05.110; and, WHEREAS, pursuant to Kenai Municipal Code Section 22.05.110(b) – Determination as to Need for Public Use states the Kenai City Council may vacate an easement and declare an easement not needed for a public purpose by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the utility easement within the FBO Subdivision 2018 Replat is no longer needed for a public use. Section 2. The Kenai City Council consents to the vacation of the utility easement located along the Northern boundary of Lot 5, Block 1, and the Southern Boundary of Lot 6, Block 1, FBO Subdivision as set forth on the attached Exhibit A. Section 3. That this resolution takes effect immediately upon adoption. 20 Resolution No. 2019-09 Page 2 of 2 ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 21 The information depicted hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borough assumes no responsibility for any errors on this map. 0 100 Aerial View 200 400' � Utility Easement Vacation JReif, KPB Date: 10/17/2018 Modified EAppleby, City of Kenai 1/29/19 Exhibit A 22 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: January 29, 2019 SUBJECT: Resolution No. 2019-09 – Vacation of a Utility Easement Not Needed for Public Purpose ____________________________________________________________________________ Resolution 2019-09 would declare a utility easement 20-feet wide and approximately 242-feet in length along the northern boundary of Lot 5, Block 1, and the southern boundary of Lot 6, Block 1, FBO Subdivision not needed for a public purpose and consent to the vacation of the utility easement. Exhibit A shows the location of the utility easement. The Kenai City Council adopted Resolution 2018-22 on June 6, 2018, approving a lease of Airport Reserve Lands between the City of Kenai and Hilcorp Alaska, LLC for the adjacent Lots 5 and 6, Block 1, FBO Subdivision. The City of Kenai Planning and Zoning Commission had recommended approval by the City Council during their regular meeting on May 9, 2018 and the City of Kenai Airport Commission had recommended approval by the City Council during their regular meeting on May 20, 2018. The site plan submitted by Hilcorp Alaska, LLC with the lease application disclosed that a proposed hangar would cross the property line and encroach into the utility easement between the two lots. A condition of the lease approval was for Hilcorp Alaska, LLC to remove the property line between the lots and vacate the utility easement along the north and south boundaries of the lots. On September 26, 2018, the City of Kenai Planning and Zoning Commission passed Resolution PZ2018-23, recommending approval of the preliminary plat of FBO Subdivision 2018 Replat, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 23 Page 2 of 2 Resolution No. 2019-09 2. The Kenai City Council must approve the vacation of the twenty (20) foot utility easement as shown on the preliminary plat, pursuant to Kenai Municipal Code 22.05.110. On November 26, 2018, the Kenai Peninsula Borough Plat Committee met and granted conditional approval of the Preliminary Plat of FBO Subdivision 2018 Replat consistent with the recommendation of the City of Kenai Planning and Zoning Commission. On January 7, 2019, the Kenai Peninsula Borough Planning Commission approved the vacation of the utility easement and submitted a request to the Kenai City Council to grant approval pursuant to Kenai Municipal Code 22.05.110. Thank you for your consideration. 24 _____________________________________________________________________________________ Sponsored by: Mayor Gabriel and City Council Members Suggested by: Council Member Molloy CITY OF KENAI RESOLUTION NO. 2019-10 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENCOURAGING THE STATE OF ALASKA BOARD OF FISHERIES TO RESCIND THEIR JANUARY 18, 2019 DECISION TO MOVE THE UPPER COOK INLET 2020 FINFISH MEETING TO ANCHORAGE DUE TO THE LACK OF ADEQUATE PUBLIC NOTICE AND PROCESS. WHEREAS, in March of 2018 the State of Alaska Board of Fisheries (BOF) considered and passed Board Policy 2018-289-FB by a vote of 4-2 at their Statewide Dungeness Crab, Shrimp, and Miscellaneous Shellfish meeting, establishing a rotating schedule of the Upper Cook Inlet Finfish (UCI) meeting between the communities of Kenai / Soldotna, Palmer / Wasilla, and Anchorage beginning with Kenai / Soldotna in 2020, Palmer / Wasilla in 2023, and Anchorage in 2026; and, WHEREAS, prior to considering Board Policy 2018-289-FB, the public was adequately noticed 35 days prior to the vote through the Boards Supplemental Notice of Regulatory Actions to Be Taken on February 2, 2018; and, WHEREAS, the BOF held their Arctic / Yukon / Kuskokwim Finfish meeting from January 15 – 19, 2019 in Anchorage; and, WHEREAS, on Tuesday, January 15, the BOF Chairman, Reed Morisky, stated that they would be discussing the UCI meeting location later in the meeting; and, WHEREAS, on Friday, January 18, the BOF voted 4-3 to move the UCI 2020 meeting to Anchorage; and, WHEREAS, adequate public notice was not provided prior to the vote, the action was inconsistent with past BOF practices, and it did not meet the requirements of the Open Meetings Act; and, WHEREAS, this action has the potential to erode the public trust in the BOF process; and, WHEREAS, all Alaskans deserve consistency, openness, legal compliance, and transparency when engaging with their government during any deliberative decision making process. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council encourages the State of Alaska Board of Fisheries to rescind their January 18, 2019 decision to move the Upper Cook Inlet 2020 Finfish meeting to Anchorage due to the lack of adequate public notice and process. 25 Resolution No. 2019-10 Page 2 of 2 Section 2. That rescinding the decision to move the Upper Cook Inlet 2020 Finfish meeting to Anchorage will help restore the public’s trust in the Board of Fisheries and their processes. Section 3. That a copy of this Resolution be forwarded to Governor Mike Dunleavy, Board of Fisheries Chair, Reed Morisky, Board of Fisheries Members, and the Board of Fisheries Executive Director, Glenn Haight. Section 4. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 2019. _____ BRIAN GABRIEL SR., MAYOR TIM NAVARRE, VICE MAYOR ROBERT MOLLOY, COUNCIL MEMBER GLENESE PETTEY, COUNCIL MEMBER _____ JIM GLENDENING, COUNCIL MEMBER ROBERT PETERKIN II, COUNCIL MEMBER HENRY KNACKSTEDT, COUNCIL MEMBER ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 26 January 25, 2019 Chairman Reed Morisky Alaska Board of Fisheries Board Support Section P.O. Box 115526 Juneau, AK 99811 Dear Chairman Morisky and Members of the Alaska Board of Fisheries: We are deeply disappointed in the action taken by the Board of Fisheries (Board) on January 18, moving the location of the Upper Cook Inlet (UCI) 2020 Finfish meeting without reasonable public notice, and after being assured by the Board Chair that no action would be taken. Given the legitimate and numerous concerns with the public process, we encourage the Board to rescind that decision and re- schedule the issue to be considered at a later date. Regardless of the outcome of the eventual vote, we hope Board members recognize the need to reassure all Alaskans in the fairness of the public process. Addressing the location of the 2020 UCI Finfish meeting at a future date would also allow the Board to consider the decision within the context of the current policy establishing rotating meeting locations. This policy, 2018-289FB1, was not referenced in the Board’s action last week and we presume is still in effect. We recognize that the UCI Finfish meeting location is a perpetual topic for discussion, that comes up every cycle. However, several stark differences exist with how this most-recent vote was handled. When the Board revisited the 2020 UCI Finfish meeting location in early 2018, it was added to the agenda for the March meeting2, and included in the Supplemental Notice of Regulatory Actions to be Taken3. This notice was published February 2nd, which was 35 days ahead of the vote and well before the cut-off for providing on-time written comments. Members of the public did provide written comments in the Board packet, and attended the meeting to speak to this issue in-person. The public also had access to the written proposal that was to be voted upon (referenced in the policy as RC50), before the Board ultimately approved the policy by a 4-2 vote. Prior to the meeting last week, there was no advance notice given to the public that this item would again be revisited. No document was posted on the meeting website as a proposal. This topic wasn’t published in the original Notice of Proposed Changes, and a Supplemental Notice was not issued. And 1 Policy 2018-289-FB, adopted March 9th, 2018 2 Statewide Dungeness Crab, Shrimp, and Miscellaneous Shellfish, held March 6 -9 2018, Anchorage. 3 https://www.adfg.alaska.gov/static/regulations/regprocess/fisheriesboard/pdfs/2017- 2018/supp_notice_final.pdf 27 even the Miscellaneous Business Agenda, posted on the website as RC70, fails to identify this topic as an action item. Nonetheless, after learning via text message about the Chairman’s intent to bring the 2020 UCI Finfish meeting location up for a vote, and despite not knowing exactly when the vote would occur, Kenai Mayor Brian Gabriel, Soldotna City Manager Stephanie Queen, and Kenai City Manager Paul Ostrander drove to Anchorage to attend the meeting in person. Knowing that there would be no opportunity for public comment directly to the Board, the group hoped to talk to individual members during breaks to learn what was being considered. During a morning break, the Board Chair informed the City delegation that no vote would be taken that day – a position he reiterated to the City officials when the Board broke for a lunch recess. He indicated that a teleconference would be scheduled to address the issue, and that public notice would be given and public comments taken. The City delegation left the meeting in reliance on the Chair’s assurances, and was already back in Soldotna when we learned that the Board did in fact approve a motion to relocate the 2020 UCI Finfish meeting after returning from lunch. When the audio was posted online later that evening, we were able to listen to the deliberation and decision. In justifying the decision to move ahead with a vote despite concerns raised about the lack of public notice, it was noted that the agenda states that it is subject to change. The statement Board Chair Morisky made on Tuesday, that “there’s been an interest expressed in discussing the Upper Cook Inlet meeting location and so…that will likely happen near the end of this meeting4” was referenced. When pressed to explain why the motion was being made at that particular time, in the middle of other unrelated agenda items on Friday afternoon, Board Member Jensen explained that Friday was his last day of availability and he wanted to vote on this particular item. We note that had this action item come up during the ‘Miscellaneous Business’ section of the agenda on Saturday, Mr. Jensen’s personal schedule would have prevented him from voting, and the motion to move the meeting back to Anchorage may have lacked sufficient votes to pass. We believe these actions cannot be considered “reasonable” public notice, as required by law. If items can be added to the agenda without specific prior notice (and not even posted as an update to the meeting agenda after the fact), and then brought to a vote at any point in the meeting, the public would essentially be required to attend every Board meeting in its entirety just to make sure that no issue of interest was unexpectedly added, considered, and voted on. In a multi-day meeting, which in this case was scheduled to discuss completely unrelated matters, we find this expectation unreasonable. In a practical sense, this version of “reasonable” notice serves the same function as no notice at all. We work in government, and are familiar with Alaska’s laws designed to guarantee public notice and access to decision-making. And we understand that public processes require flexibility so we can effectively deal with business at hand. But standard practices exist, to allow boards to have flexibility in conducting their business, without leaving the public in the dark. We know the Board of Fisheries can do better. Public notice in this case was insufficient, inconsistent with past Board practices, and does not meet the requirements of the Open Meetings Act. Adhering to customary policy and procedures for adding and considering new agenda items, and providing reasonable notice, would not only better serve the public but Board members as well. In our conversations with Board Members during breaks in the meeting on Friday morning, it was clear that 4 Audio available on meeting website. See AYK Finfish meeting, Chair Morisky 2:26:43 PM Tuesday, Jan. 18th 28 29 30 31 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2019 - 11 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, AWARDING A THREE YEAR AGREEMENT, WITH THE OPTION OF TWO, ONE-YEAR EXTENSIONS BY MUTUAL CONSENT, TO INGRAM CONTENT GROUP, FOR THE PURCHASE OF LIBRARY MATERIALS AND AUTHORIZING ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $21,000.00 FOR THE REMAINDER OF FY2019. WHEREAS, The City of Kenai released a Request for Proposals for Library Materials Vendors on January 10, 2019; and, WHEREAS, Proposals were received on January 28, 2019 and were evaluated by staff on January 30, 2019; and, WHEREAS, Ingram Content Group’s proposal was determined to offer the best value to the City of Kenai Community Library; and, WHEREAS, Acceptance of this proposal and issuance of a Purchase Order to Ingram Content Group is in the best interest of the City; and, WHEREAS, Administration is in support of and recommends approval of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That a three-year agreement, with the option for two, one-year extensions by mutual consent, for the purchase of library materials be awarded to Ingram Content Group, the successful proposer. Section 2. That the City Manager is authorized to execute two, one-year extensions after completion of the initial three-year agreement if he deems it in the best interest of the City. Section 3. That the City Manager is authorized to issue a purchase order in the amount of $21,000.00 to Ingram Content Group for the purchase of library materials for the remainder of FY2019; and the City Manager is authorized to issue a Purchase Order in the amount of $40,000.00 per full fiscal year through the remainder of the agreement. Section 4. That this resolution takes effect immediately upon adoption. 32 Resolution No. 2019-11 Page 2 of 2 ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: _________________ 33 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Jo Joiner, Library Director Scott Curtin, Public Works Director DATE: January 30, 2018 SUBJECT: Resolution No. 2019-11 Library Materials Vendor ____________________________________________________________________________ The City of Kenai released a formal Request for Proposals for Library Materials Vendors on January 10, 2019. Four proposals were received on January 28, 2019, and evaluations of these proposals were conducted on January 30, 2019. The evaluation committee selected Ingram Content Group as the firm offering the greatest value and benefit to the City. The Agreement is for a three year term with the option to execute two, one-year extensions. This Resolution requests the issuance of a Purchase Order in the amount of $21,000 to carry the Library’s purchases through the end of the current fiscal year June 30, 2019. Additional fiscal year Purchase Orders shall total $40,000 per year through the duration of the agreement. Approval of this Resolution will allow the Library to continue to offer current and up to date material selections for Public use. Council consideration is respectfully requested. 34 _____________________________________________________________________________________ Sponsored by: Legal CITY OF KENAI RESOLUTION NO. 2019-12 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TERMS OF THE DEED OF TRUST FOR THE BOWLING ALLEY SUBJECT TO ADDITIONAL TERMS AND CONDITIONS. WHEREAS, the City sold Lot Three “A” (3A), Block one (1), SPUR SUBDIVISION, NO.1, 1983 ADDITION, according to Plat No. 83-211, in the Kenai Recording District, State of Alaska (the Bowling Alley) in February 2017 subject to a Deed of Trust executed February 2, 2017; and, WHEREAS, the purchaser, Sue Chang, has requested a one month extension to the Deed of Trust until February 28, 2019; and, WHEREAS, the City has received a loan commitment letter from Denali Federal Credit Union to pay the City the remaining balance due on the Deed of Trust and Deed of Trust Note and it is in the best interest of the City to extend the Deed of Trust until February 28, 2019 subject to certain new terms and conditions; and, WHEREAS, the new terms and conditions include an increased interest rate of 5.5% and a first right of refusal to purchase option. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City approves the attached Amendment to the Deed of Trust. Section 2. That this resolution takes effect immediately upon passage. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 35 36 KENAI CITY COUNCIL – REGULAR MEETING JANUARY 16, 2019 – 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 January 16, 2019, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Robert Molloy Henry Knackstedt Tim Navarre Jim Glendening Robert Peterkin Glenese Pettey A quorum was present. Also in attendance were: **Tristan Summers, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Mayor Gabriel noted the following revisions to the agenda: Add to item D.1. Resolution No. 2019-01 • Amendment Memo • Public Correspondence Add item D.8. Resolution No. 2019-07 – Amending the Payment Schedule for City Residential Water and Sewer Customers Impacted by the Partial Federal Government Shutdown to Allow for Deferred Payments. • Memo 37 City of Kenai Council Meeting Page 2 of 12 January 16, 2019 Remove item G.9. Special Use Permit to Alaska Challenger Center for Space Technology, Inc. MOTION: Council Member Molloy MOVED to approve the agenda with the requested revisions and moving B.4 to be heard first under Scheduled Public Comment and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Recognition of Volunteer Services for Joanna Hollier Mayor Gabriel presented Joanna Hollier a plaque in recognition of her twenty-nine years of volunteer services to the Council on Aging. Ms. Hollier was thanked for her selfless volunteerism over the years. Council Members noted they appreciated her and working with her over the years. Ms. Hollier noted she thanked her husband who had died 30 years ago for instilling in her a passion for volunteerism. She noted she liked to work and as long as she could work, she would be there. 5. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Gabriel opened for 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 4. Kenai Senior Connection – FY19 Budget Donation. [Clerk’s Note: This item was moved to be heard first during approval of the agenda.] Representatives of the Kenai Senior Connection presented a check in the amount of $50,000 to the City to enhance the budget for the Kenai Senior Center. 1. Scott Curtin, City of Kenai Public Works Director – Wastewater Treatment 101. 38 City of Kenai Council Meeting Page 3 of 12 January 16, 2019 Public Works Director, Scott Curtin, provided a facility overview, explanation of process, current challenges, pending projects, and the future direction of the Wastewater Treatment Facility; invited Council Members to take a tour at their convenience. 2. Johna Beech, Kenai Chamber of Commerce and Visitor Center – Third Quarter Report. Johna Beech, President and COO of the Kenai Chamber of Commerce and Visitor Center provided visitor statistics, visitor guide distribution, website statistics, and events from their third quarter; also revealed the cover and highlights of the 2019 Visitor Guide. 3. Maggie Winston and Jodi Stuart – 2019 Project Homeless Connect Update and Coordinated Entry. Maggie Winston and Kelly Bartelmay provided an overview of the Independent Living Center and Continuum of Care; also provided an update on the upcoming Project Homeless Connect event. 4. Kenai Senior Connection – FY19 Budget Donation. [Clerk’s Note: This item was moved to be heard first during approval of the agenda.] C. UNSCHEDULED PUBLIC COMMENTS Marian Nelson provided an updated listing of shows at the Kenai Fine Arts Center. She also discussed a possibility for an asbestos check at the Center after asbestos was discovered at the Airport. Charlie Yamada provided an update on the bowling alley opportunity noting their loan to pay off the balloon payment to the City was expected in the coming week with the follow-up loan for the project shortly after that. She added that once the renovation loan came through, the project was expected to take 60-90 days. D. PUBLIC HEARINGS 1. Ordinance No. 3047-2018 – Increasing Estimated Revenues and Appropriations in the General Fund, Public Works Administration Department for the Procurement of Engineering Services to Assess Damage Caused by the November 30, 2018 Southcentral Alaska Earthquake. (Administration) • Substitute Ordinance No. 3047-2018 - Increasing Estimated Revenues and Appropriations in the General Fund, Non-Departmental, Department and the Water & Sewer Fund, Water Department for Payment of a Property Insurance Deductible for Damage to City Facilities Caused by the November 30, 2018 Southcentral Alaska Magnitude 7.0 Earthquake. (Administration) MOTION: Council Member Molloy MOVED to enact Ordinance No. 3047-2018 and Council Member Knackstedt SECONDED the motion. 39 City of Kenai Council Meeting Page 4 of 12 January 16, 2019 Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend by substitution and Council Member Knackstedt SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. Clarification was provided that all facilities were inspected and only the two listed in the ordinance sustained damage. VOTE ON THE MOTION AS AMENDED: YEA: Molloy, Gabriel, Peterkin, Navarre, Pettey, Knackstedt, Glendening. NAY: **Student Representative Summers: YEA MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2019-01 – Supporting the Biking in Kenai and Soldotna Citizen Group Application to the Alaska Department of Transportation and Public Facilities for Use of Transportation Alternatives Program Funds set for a Pedestrian Pathway along Part of Bridge Access Road in the City of Kenai. (Administration) MOTION: Council Member Molloy MOVED to adopt Resolution No. 2019-01 and Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing. Ben Boettger noted a bike trail had been recommended in Department of Transportation plans from 2000 - 2006 with estimated costs around $858,000; added that with that number the City’s match would be approximately $78,000. Mr. Boettger pointed out the path should be considered not only recreational but also as infrastructure for those that choose to not drive or cannot afford a car. He suggested a reflective barrier would be an option if the divided path was cost prohibitive. Sara Pyhala noted she was a runner and biker who frequently used the Unity Trail and the entire loop for longer training options; pointed out that the divided bike trail or running trail could also be used for the annual marathon. She added that divided paths have much less gravel or trash on the trail. Matthew Pyhala thanked the Council for considering the resolution; asked for support. He noted in the section of the road where the path was proposed, it was obvious by the faded lines that traffic floats across the lines. He added the path would create a more direct route for kids to access the library and parks and would be a nice area within City limits for people to bike, run, and recreate. 40 City of Kenai Council Meeting Page 5 of 12 January 16, 2019 Kaitlin Vadla spoke in favor of the resolution noting she recently attended the American Planning Association Conference where a concept that had been discussed at the conference was 8 80 cities, explaining that everything a community did should be great for 8 year olds and 80 year olds so it would be great for all people. She pointed out that quality of life was the best marketing tools for cities for living, moving to, or visiting, and added that the project provided economic competitiveness and cost benefits could be seen if done concurrently with the Department of Transportation construction project. Laura Rhyner noted the grant was a great opportunity to bring in funding with relatively low expense to the City; adding that if Kenai didn’t receive the money, another city would, and the project increased capital funding to the City beyond what the City could afford. Elizabeth Roele spoke in favor of the resolution and diversification of outdoor recreation with an opportunity to encourage residents to participate in outdoor recreation that is not only fishing based. She added that bike paths were transportation infrastructure and that bikes provide relief on people’s budgets when they are able to ride their bike. There being no one else wishing to be heard, public comment was closed. Clarification was provided that maintenance requirements such as snow removal was not a concern but longer term maintenance such as crack sealing and future replacement was a bigger concern. Topics of discussion included grant match, funding options, loop completion, safety, being multi- use, maintenance, development of fundraising organizations to help offset costs to the City, and quality of life. MOTION TO AMEND : Council Member Molloy MOVED to amend by adding a fifth whereas clause stating the City of Kenai acknowledges availability of the required match of no less than 9.03%, subject to appropriation of funds and Vice Mayor Navarre SECONDED the motion. Clarification was provided that the Department of Transportation did not want to have contingency language in the resolution. The motion was withdrawn with concurrence of the second. MOTION TO AMEND : Council Member Molloy MOVED to amend by adding a fifth whereas clause stating the City of Kenai commits to fund the required match of no less than 9.03% of the total project costs and Council Member Knackstedt SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend by adding a second section that stated, “that the City of Kenai hereby assures the Alaska Department of Transportation and Public Facilities that sufficient funding for the local governmental agency’s matching contribution for a pedestrian 41 City of Kenai Council Meeting Page 6 of 12 January 16, 2019 pathway along part of Bridge Access Road in the City of Kenai is available.” Vice Mayor Navarre SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Vice Mayor Navarre MOVED to amend by renaming the current section 2 to section 3 and removing and replacing the period in the fourth whereas clause with semi-colon the word, “and”, and a comma, and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Molloy, Gabriel, Peterkin, Navarre, Pettey, Knackstedt, Glendening. NAY: **Student Representative Summers: YEA MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2019-02 – Supporting the Alaska Department of Natural Resources Application to the Alaska Department of Transportation and Public Facilities for Use of Transportation Alternatives Program Funds for the Kenai River Flats Facility Improvement Project in the City of Kenai. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2019-02 and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing. Jack Blackwell and Rys Miranda from the State of Alaska Department of Natural Resources noted they managed the Warren Ames pullout and applied for the Alaska Transportation Alternatives Program grant through the State of Alaska Department of Transportation. They noted the project would improve the Day Use Area, parking area, access road, and provide information panels and elevated platforms. They added that they were asking for support, which required no financial commitment to the City as the Department was matching the funds with Exxon Valdez Oil Spill funds. There being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2019-03 – Amending Policy No. 2016-01, Procedures for Commissions, Committees and Council on Aging, to Amend the Meeting Schedule for the Harbor Commission. (City Clerk) MOTION: 42 City of Kenai Council Meeting Page 7 of 12 January 16, 2019 Council Member Molloy MOVED to adopt Resolution No. 2019-03 and requested UNANIMOUS CONSENT. Council Member Peterkin SECONDED the motion. 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. 5. Resolution No. 2019-04 – Supporting the Reappointment of Robert Ruffner to the Alaska Board of Fisheries. (Mayor Gabriel) MOTION: Council Member Peterkin MOVED to adopt Resolution No. 2019-04. Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. 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. 2019-05 – Adopting the City of Kenai Capital Improvement Plan Priority List for State Funding Requests for the Fiscal Year 2020. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2019-05 and Council Member Molloy SECONDED the motion. UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted the likelihood of receiving funds was diminished; the resolution represented the City’s wishes. VOTE: There being no objections, SO ORDERED. 7. Resolution No. 2019-06 – Authorizing the Expenditure of up to $1,000,000 in Support of the Pre-Construction Engineering and Design Phase of the Kenai Bluffs Bank Stabilization Project and Authorizing the City Manager to Enter into a Memorandum of Agreement with the U.S. Army Corps of Engineers for the Acceptance of Contributed Funds. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2019-06. Vice Mayor Navarre SECONDED the motion and requested UNANIMOUS CONSENT. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. 43 City of Kenai Council Meeting Page 8 of 12 January 16, 2019 VOTE: There being no objections, SO ORDERED. 8. Resolution No. 2019-07 – Amending the Payment Schedule for City Residential Water and Sewer Customers Impacted by the Partial Federal Government Shutdown to Allow for Deferred Payments. (Mayor Gabriel) MOTION: Council Member Molloy MOVED to adopt Resolution No. 2019-07 and Council Member Peterkin SECONDED the motion. UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted an inquiry had come forth to Administration and this mechanism provided for relief of penalties on water and sewer service for those affected by the partial federal government shutdown; further noted these were extenuating circumstances. Appreciation was expressed for bringing forth the resolution. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.*Regular Meeting of December 19, 2018 Approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. (Administration) Approved by the consent agenda. 3. *Action/Approval – Non-Objection to a Liquor License Renewal for The Cannery Lodge, LLC, Don Jose’s LLC, and Three Bears Alaska, Inc. (City Clerk) Approved by the consent agenda. 4. *Action/Approval – Non-Objection to a New Marijuana Retail Store for KRC, LLC. (City Clerk) Approved by the consent agenda. 44 City of Kenai Council Meeting Page 9 of 12 January 16, 2019 5. *Ordinance No. 3048-2019 – Amending Kenai Municipal Code Chapter 5.25, Mobile Food Vendors, to Revise Application Requirements, License Terms, and Business Conduct Requirements and Make Other Housekeeping Amendments. (City Clerk) Introduced by the consent agenda and public hearing set for February 6. 6. *Ordinance No. 3049-2019 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund for Tenant Requested Improvements to the Automated Flight Service Station. (Administration) Introduced by the consent agenda and public hearing set for February 6. 7. Action/Approval – Special Use Permit to Schillings Alaska, Inc. for Snow Storage. (Administration) MOTION: Council Member Knackstedt MOVED to approve the Special Use Permit to Schillings Alaska, Inc. for snow storage and requested UNANIMOUS CONSENT. Vice Mayor Navarre SECONDED the motion. Clarification was provided that all Special Use Permits were approved by Council. VOTE: There being no objections, SO ORDERED. 8. Action/Approval – Consenting to Assignment of Lease to Griffin Golf, LLC. (Administration) MOTION: Council Member Molloy MOVED to approve the assignment of lease to Griffin Golf, LLC and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 9. Action/Approval – Special Use Permit to Alaska Challenger Center for Space Technology Inc. (Administration) [Clerk’s Note: This item was removed from the agenda during approval of the agenda.] 10. Action/Approval – First Amendment to Agreement for Guardian Security Systems, Inc. (Administration) MOTION: Council Member Knackstedt MOVED to approve the first amendment to agreement for Guardian Systems, Inc. and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 45 City of Kenai Council Meeting Page 10 of 12 January 16, 2019 11. Discussion – Possible Surface Extraction on City-owned Land Identified as the Southernmost Portion of a 320-acre Parcel Located off Beaver Loop Road Described as SW1/4 NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4 Section 3, T5N, R11W, Seward Meridian, Kenai. (Administration) Clarification was provided that this parcel between Beaver Loop Road and the golf course may be able to be used for gravel extraction; Administration sought input on spending $5,000 - $10,000 to drill test holes to determine if the parcel was commercially viable for resource extraction. If it was viable, options for pursuing would be reviewed in the future. It was noted that gravel was important for the City for construction of roads, building foundations, and driveways; further noting that pits in the Beaver Loop area had reached their life expectancy. Council Member Peterkin declared a potential conflict noting he owned two gravel pits. Mayor Gabriel ruled that Council Member Peterkin could participate in discussion as the financial impact of two test holes was not significant enough a conflict. Topics of discussion included the gravel source being a source of revenue for the City, access points, and projects that would benefit. There was support for administration to pursue the test holes. MOTION: Vice Mayor Navarre MOVED to dispense with the Commission and Committee Reports and requested UNANIMOUS CONSENT. Council Member Peterkin SECONDED the motion. It was noted there were summaries for all meetings in the packet. VOTE: There being no objections, SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No report. 2. Airport Commission – No report. 3. Harbor Commission – No report. 4. Parks and Recreation Commission – No report. 5. Planning and Zoning Commission – No report. 6. Beautification Committee – No report. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Coached the Kenai team in the Kenai-Soldotna Alumni Hockey Game; it was well attended; 46 City of Kenai Council Meeting Page 11 of 12 January 16, 2019 • Scheduled a Work Session at 5:00 p.m. on February 20 to review the evaluation process for the City Manager, City Attorney, and City Clerk; • Learned the location for the Upper Cook Inlet Finfish Meeting for 2020 was on the Board of Fisheries agenda for reconsideration at the call of the Chair; planned to go up to the meeting and speak with the Board members to honor their commitment; and • Noted appreciation for the turnout this evening. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Attended the recent Industry Outlook Forum in Homer; • Budget process to begin soon with a public meeting on March 12, looking for input from the public on prioritization and the services that the City provides; • Provided an update on the Airport Renovation Project noting asbestos had been identified, abatement ongoing, and change orders hadn’t exceeded contingency; • Provided an update on the Bluff Erosion Project noting the City was working on a request for accelerated funding; still waiting for the Director’s Report to be signed. 2. City Attorney – No report. 3. City Clerk – J. Heinz reported upcoming time she would be out of the office; the staffs of the City of Kenai and City of Soldotna had donated enough items to provide 100 Blessing Bags to be handed out during Project Homeless Connect; there had been several requests recently for the Scheduled Public Comment portion of the agenda and she would work with a Council member if there was interest in changing what was allowed. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Bob Peters asked about the appointments of the Harbor Commission; clarification was provided that Nate Berga was appointed and elections of chair and vice chair would be on the next agenda. 2. Council Comments Student Representative Summers expressed appreciation for opportunity to be working with City Council. Council Member Peterkin thanked those that came and testified. Council Member Glendening noted the fiftieth anniversary of Vintage Point would be in 2021. Council Member Pettey also thanked those that came and testified. L. EXECUTIVE SESSION 1. Discuss Terms Regarding the Sale of Property Located at 10639 Kenai Spur Highway, Kenai, AK, Also Known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity), Pursuant to AS 44.62.310(c)(1)(3) a 47 City of Kenai Council Meeting Page 12 of 12 January 16, 2019 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. MOTION: Council Member Molloy MOVED to enter into executive session to discuss terms regarding the sale of property located at 10639 Kenai Spur Highway, Kenai, AK, also known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity), which pursuant to AS 44.62.310(c)(1)(3) was 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 and requested the attendance of the City Manager and the City Attorney. Council Member Knackstedt SECONDED the motion. . VOTE: YEA: Knackstedt, Gabriel, Peterkin, Glendening, Pettey, Molloy, Navarre NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in open session and it was noted for the record that Council met in executive session and discussed the terms for the Bowling Alley Opportunity and reported Council provided direction to the City Manager going forward. Action/Approval – Provide Direction to City Administration Regarding the Sale of Property Located at 10639 Kenai Spur Highway, Kenai, AK, also known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity). M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:34 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of January 16, 2019. _____________________________ Jamie Heinz, CMC City Clerk **The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. 48 KENAI CITY COUNCIL JOINT WORK SESSION FY2019 BUDGET MAY 19, 2018 – 9:00 A.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR GABRIEL, PRESIDING NOTES Council present: Mayor Gabriel, Vice-Mayor Navarre, J. Glendening, H. Knackstedt, R. Peterkin, G. Pettey, B. Molloy Others present: City Manager P. Ostrander, Finance Director T. Eubank, City Attorney S. Bloom, City Clerk J. Heinz A. Call to Order Mayor Gabriel called the work session to order at 5:00 p.m. B. Introduction – Mayor Gabriel Mayor Gabriel introduced Council and staff members present. C. Introduction of Alaska Permanent Capital Management Representatives – Administration Finance Director Eubank introduced Brandi Nicklai and her team from Alaska Permanent Capital Management (APCM) who were presenting a historical summary and future investment options to Council. D. Presentation of Investment Methodology & Recommendations regarding Permanent Fund Investments – Alaska Permanent Capital Management Finance Director Eubank noted the City wasn’t going to see a return on investment in FY19 and pointed out the City had seen $13 million in returns since inception of the investments ten years ago. He added that he brought the topic forth to Council to consider some reallocations. Brandi Nicklai of APCM noted the City typically saw a 7.4% return and the investment policy implied a return goal of supporting a 5% distribution. She noted meeting inflation plus a 5% return was difficult but the City accomplished that 60% of the time over ten years. Ms. Nicklai reviewed the Airport Land Sale Permanent Fund noting the City could maintain the current spending rate and accept partial asset preservation by optimizing allocations and maintaining spending policies. Or, the City could establish a sustainable flexible spending rate to preserve existing asset base by optimizing allocations and adapting its spending policy. It was noted a change from the current spending policies would require a code change. There was discussion about asset classes and how they were managed. The difference between arithmetic return and geometric return was clarified. 49 KENAI CITY COUNCIL WORK SESSION JANUARY 16, 2019 PAGE 2 of 2 The current spending policy and alternative spending options, based on inflation-adjusted principal, were discussed. Additional topics discussed included the need to protect the principal over the long term and concern with the airport needing more funding for successful operations. Ms. Nicklai reviewed the General Land Sale Permanent Fund noting the principal of this fund could not be spent. She suggested evaluating choices by prioritizing noting the current plan prioritized higher individual distributions over the frequency of distributions. She also noted staff suggested an earnings reserve, similar to the Alaska Permanent Fund Dividend. A model of the earnings reserve option was summarized noting the spending policy would need to be amended for this fund as well to be structured based on a 4% sustainable rate, to recognize dispersion of anticipated returns, and to utilize good years to stabilize distributions in down years. It was also noted cumulative distributions over a ten-year projection showed higher distribution and higher frequency of distributions. It was suggested the earnings reserve was a viable solution for the General Land Sale Permanent Fund to maintain the City’s spending rate and increase distributions. It was noted an ordinance would be coming forth. E. Council Comments Council expressed gratitude to Administration and Alaska Permanent Capital Management for their work in preparing the review. F. Public Comment There was no one wishing to be heard. G. Adjournment The work session adjourned at 5:55 p.m. Notes were prepared by: _______________________________ Jamie Heinz, CMC City Clerk 50 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF : FEBRUARY 6, 2018 VENDOR DESCRIPTION PERS PERS INTEGRITY JANITORIAL DEC . SERVICE AT CITY HALL PRECIOUS JANITORIAL DEC. SERVICE AT LIBRARY PRECIOUS JANITORIAL DEC. SERVICE AT TERMINAL PRECIOUS JANITORIAL DEC. SERVICE AT POLICE PRECIOUS JAN ITORIAL DEC . SERVICE AT VISITOR CENTER INVESTMENTS VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 91 ,712.73 NON-DEPARTMENTAL REPAIR & MAINTENANCE 1,389.00 LIBRARY REPAIR & MAINTENANCE 2 ,795.00 AIRPORT REPAIR & MAINTENANCE 4 ,495 .00 POLICE REPAIR & MAINTENANCE 978.00 VISITOR CENTER REPAIR & MAINTENANCE 928.00 MATURITY DATE AMOUNT Effect. Int. 51 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: January 31, 2019 SUBJECT: Liquor License Renewals The following establishments submitted an application to the Alcohol and Marijuana Control Office for renewal of their liquor license: • Kenai Joe’s Alaskan Roadhouse Company D/B/A Kenai Joe’s • Peninsula Oilers Baseball Club Inc. D/B/A Peninsula Oilers • Carr-Gottstein Foods Co. D/B/A Oaken Keg #1808 Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they have satisf ied all obligations to the City. With the approval of Council, a letter of non-objection to renewing of the liquor licenses will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. 52 "Vtlltlje with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 MEMORANDUM TO: FROM: DATE: RE: David Ross, Chief of Police Willie Anderson, Lands Terry Eubank, Finance Department Scott Bloom , Legal Department Elizabeth Appleby, City Planner ~amie Heinz, City Clerk CJ January 10, 2019 Liquor License Renewal bad mr 1992 12011 The Alcohol & Marijuana Control Office has sent notification that the following applicant has applied for renewal of their Liquor License #626: Applicant: D/B/A: Kenai Joe's Alaskan Roadhouse Company Kenai Joe's 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 rev iew 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. Please let me know if you have any questions. Once you have completed your section, please route to the next department. Thanks! 1. Police Department 1<l.. initials 0 1 have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The ap;t099has outstanding obligations and an additional page has been attached. 2. Finance • ~ ,nitials 0 I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The a~t has outstanding obligations and an additional page has been attached . 3. Legal Initials CJ~1 have reviewed all records for my department and the applicant is current on obligations or obligations do not exist 0 The applicant has outstanding obligations and an additional page has been attached. 4J:!i!).ds Management ~initials W-1 have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. he app licant has outs~obligations and an additional page has been attached. 5 nning and Zoning initials I have reviewed all records for my department and the applicant is current on obligations or ob ligations do not exist. Orhe applicant has outsta din obligations and an additional page has been attached . Returned to Clerk's office : . i tl 53 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol .licensing @a laska .gov https ://www.commerce .alaska .gov/web/amco Phone: 907.269.0350 Form AB-17: 2019/2020 Renewal License Application What is this form? This renewal license application form is required for all individuals or entities seeking to apply for renewa l of an existing liquor license that will expire on December 31, 2018. All fields of this form must be complete and correct, or the application will be returned to you in the manner in which it was received, per AS 04.11.270 and 3 AAC 304.105. The Community Council field only should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough. This form must be completed corre.:~:y and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees that an application will be considered complete, or that a license will be renewed. Section 1 -Establishment and Contact Information Enter information for the business seeking to have its license renewed. If any populated information is incorrect, please contact AMCO. Licensee: Kenai Joe's Alaskan Roadhouse Company License#: 626 License Type: Beverage Dispensary Legal Ref.: AS 04.11.090 Doing Business As: Kenai Joe 's Premises Address: 800 Cook Avenue Local Governing Body: City of Kenai (Kenai Peninsula Borough) Community Council: None Mailing Address: City: ZIP: Enter information for the individual who will be designated as the primary point of contact regarding this application . This individual must be a licensee who is required to be listed in and authorized to sign this application. Contact Email: Optional: If you wish for AMCO staff to communicate with individual who is not a licensee named on this form (eg : legal counsel) about this application and other matters pertaining to the license, please provide that person's contact information in the fields below. Name of Contact: I Contact Phone: I Contact Email: [Form AB-17) (rev 09/17 /2018) Page 1 of4 DEC 3 1 2018 54 Alaska Alcoholic Beverage Control Board Form AB-17: 2019/2020 Renewal License Application Section 2 -Entity or Community Ownership Information This top subsection must be completed by any licen see that is a corporation or LLC . Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations, Business & Professiona l Licensing (CBPL). Thi s number is neither your EIN/tax ID number, nor your business license number. You may view your entity's status or find your CBPL entity number by vising the following site: https://www.commerce.alaska.gov/cbp/main/search/entities Genera l partnerships and local governments should skip to the second half of this page. Licensees who directly hold a license as an ind ividual or individuals sh ould ski p to Section 3. I Alaska CBPL Entity #: I I 0012.358 You must ensure that you are able to certify the following statement before signing your initials in the box to the right: I certify that this entity is in good standing with CBPL and that all current entity officials and stakeholders (listed below) are also currently and accurately listed with CBPL. Initials This subsection must be completed by any community or entitv. including a corporation, limited liability company, partnership, or limited partnership, that is applying for renewal. If more space is needed, please attach additional completed copies of this page . • 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 following information must be completed for each partner with an interest of 10% or more, and for each general partner. Important Note: The information provided in the below fields (including spelling of names, specific titles, and percentages held) must match that which is listed with CBPL. If one individual holds multiple titles mentioned in the bullets above, all titles must be listed for that individual on this application and with CBPL. Failure to list all required titles constitutes an incomplete application. Name of Official: Title(s): Mailing Address: City: Name of Official: Title(s): Mailing Address: City: Name of Official: Title(s): Mailing Address: City: [Form AB-17) (rev 09/17 /2018) License #626 OBA Kenai Joe's (!!;es1de-nt Setret"cu-j 1 I r &\.~ ir c../-o r Phone: %Owned: / 00 State: I 0t,Ska., ZIP : I Phone: I I %Owned: I I State: I I ZIP: I I Phone: I I %Owned: I I State: I I ZIP: I AMCQPage 2 of 4 DEC 31 Z018 55 Alaska Alcoholic Beverage Control Board Form AB-17: 2019/2020 Renewal License Application Section 3 -Sole Proprietor Ownership Information This section must be completed by any licensee who directly holds the license as an individual or multi ple individuals and is applying for license renewal. If more space is needed, please attach a separate sheet that includes all of the required information. Entities should skip to Section 4. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: D applicant D affiliate (spouse) Name: I Contact Phone: I Mailing Address: City: I State: I I ZIP: I Email: This individual is an: D applicant D affiliate (spouse) Name: I Contact Phone: I Mailing Address : City: I State: I I ZIP: I Email: Section 4 -Alcohol Server Education This section must be completed only by the holder of a beverage dispensary, club, or pub license or conditional contractor's permit. The holders of all other license types should skip to Section 5. Read the line below, and then sign your initials in the box to the right of the statement: Initials I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of a patron ~ have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, as set forth in AS 04.21.025 and 3 AAC 304.465. Section 5 -License Operation Check a single box for each calendar year that best describes how this liquor license was operated: The license was regularly operated continuously throughout each year. The license was regularly operated during a specific season each year. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. If this box is checked, a complete copy of Form AB-30: Proof of Minimum Operation Checklist, and all necessary documentation must be provided with this application. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year, during one or both of the calendar years. If this box is checked, a complete copy of Form AB-29: Waiver of Operation Application and corresponding fees must be submitted with this application for each calendar year during which the license was not operated for at least the minimum requirement, unless a complete copy of the form (including fees) has already been submitted for that year. 2017 2018 [2f rzf DD DD DD [Form AB-17) (rev 09/17 /2018) License #626 OBA Kenai Joe's A¥akYof4 OEC S 1 2018 56 Alaska Alcoholic Beverage Control Board Form AB-17: 2019/2020 Renewal License Application Section 6 -Violations and Convictions Applicant violations and convictions in calendar years 2017 and 2018: Yes No Have any notices of violation (NOVs) been issued to this licensee in the calendar years 2017 or 2018? Has any person or entity named in this application been convicted of a violation of Title 04, of 3 AAC 304, or a local ordinance adopted under AS 04.21.010 in the calendar years 2017 or 2018? Dfil D G'.]/ If "Yes" to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions. Section 7 -Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify that all current licen sees (as defined in AS 04.11.260) and affiliates have been listed on this application, and that in accordance with AS 04.11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name or the ownership (including officers, managers, general partners, or stakeholders) from what is currently approved and on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and Initials 3 AAC 304, and that this application, including all accompanying schedules and statements, is true, correct, and complete . I agree to provide all information required by the Alcoholic Beverage Control Board or AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this applicati n being returned o me as in plete. ~~A< ~ / -+f---f1-"o.-t~·------=--~~- Signature of licensee J u..I i e. La+tcc. Notary Public in and for the State of_--1-{jj....J....:..µ$\::..L:....i...=....oo.... ____ _ Printed name of licensee My commission expires : ()4 }lo I WW Subscribed and sworn to before me this .l5_ day of })e Ce M be ( ,201B_. Yes ~ Seasonal License? D L!J If "Yes", write your six-month operating p License Fee: I s 2500.00 I Application Fee: I $ 300.00 I TOTAL: Miscellaneous Fees: GRAND TOTAL (if different than TOTAL): [Form AB-17] (rev 09/17/2018) License #626 OBA Kenai Joe's Notary Public MANDI CASTILLO $ 2800.00 A.Mcc!age 4 of 4 DEC 31 2018 57 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 January 8, 2019 City of Kenai Attn: Jamie Heinz, City Clerk VIA Email: jheinz@kenai.city cityclerk@kenai.city CC: joanne@borough.kenai.ak.us jblankenship@borough.kenai.ak.us tshassetz@kpb.us Re: Notice of 2019/2020 Liquor License Renewal Application License Type: Beverage Dispensary License Number: 626 Licensee: Kenai Joe’s Alaskan Roadhouse Company Doing Business As: Kenai Joe’s We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov 58 "Vt1/~e with a Past City with a Future" the&ity"/ KENAl~KA ~ 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 Terry Eubank, Finance Department Scott Bloom, Legal Department Elizabeth Appleby, City Planner Jacquelyn LaPlante, Deputy City Clerk January 22, 2019 Liquor License Renewal bed ;qjP 1992 12011 The Alcohol & Marijuana Control Office has sent notification that the following applicant has applied for renewal of their Liquor License #846: Applicant: D/B/A: Peninsula Oilers Baseball Club Inc. Peninsula Oilers 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. Please let me know if you have any questions . Once you have completed your section, please route to the next department. Thanks! 1 .~ Department ).:tz initials 10" I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The ap~lt has outstanding obligations and an additional page has been attached. 2. Finance ~· initials -0 I have reviewed all records for my department and the applicant is current on obligations or obligations d o not exist. 0 The applicant has outstanding obligations and an additional page has been attached. 3~al "z '? initials lJ1 I have reviewed all records for my department and the applicant is current on obligations or obligations d o not exist. 0 The applicant has outstanding obligations and an additional page has been attached. 4;....!:!l lJSls Management ~initials WI have revi ewed all records for my department and the applicant is current on obligations or obligations do not exist. Drhe applicant has outsEAing obligations and an additional page has been attached. 5. Planning and Zoning initials 0 I have reviewed all records for my department and the applicant is current on obligations or obligation s do not exist. Drhe applica nt has outsta din Returned to Clerk's offi ce: l 59 Alaska Alcoholic Beverage Control Board A lco hol and M arijuana Co ntrol Offi ce 550 W 7th Avenue, Sui t e 1600 Anchora ge , AK 99501 alcohol.licensi ng @alaska.gov https://www.commerce.alaska.gov/web/amco Ph one : 907.269.0350 Master Checklist: Renewal Liquor License Application Doing Business As: Peninsula Oilers I License Number: license Type : Recreationa l Si t e -Seasonal Examiner: ~euJ I Transaction #: Document Received Completed Notes AB-17 : Renewal Application 12/13/18 \I'"' I t"i App and Licen se Fees 12/13/18 1-z../ 13/1 ~ Supplemental Document Received Completed Notes Tourism/Rec Site Statement 12/13/18 J/z.Jr a. AB-25 : Supplier Cert (WS) AB-29 : W aiver of Operation A B-30: Minimum Operation AB-33 : Re staurant Affidavit COi I COC I 5 Star FP Cards & Fees I AB -08a Late Fee Names on FP Cards: Selling alcoho l in re spon se to written order (package stores )? I Mailing address and contact infor mation diffe rent than in databa se (if yes , updat e d at abase)? In "Good St anding" with CBPL (skip this and next question for sole proprieto r)? Officers and stoc khold ers matc h CB PL and database (if "No", determine if t ra ns fer n ecessa ry)? LGB 1 Response: LGB 2 Response: D Waive D Protest D l a pse d D Waive D Protest D Lap sed [M aster Che ckl ist: Ren ewal] (r ev 09/20/2018) 1846 1992882 Yes No -0 D []~ ~D D Page 1 of l 60 Alaska Alcoholic Beverage Control Board Recreational Site License Alcohol and Marij uana Control Office SSO W 7th Avenue, Suite 1600 Anchorage, AK 99S01 alcohol.licensing@alaska.gov https ://www.commerce.al aska.gov/web/amco Phone: 907.269.03SO Form AB-17c: 2019/2020 Renewal License Application What is this form? This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing recreational site liquor license that will expire on December 31, 2018 . All fields of this form must be comp lete and correct, or t he application will be returned to you in the manner in which it was received, per AS 04.11.270 and 3 AAC 304 .105. The Community Council field on ly should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska -S usitna Borough . This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees that an application will be considered complete, or that a license will be renewed. Section 1 -Establishment and Contact Information E . f nter m ormatron f th b . k. t h ·t r or e usmess see rng o ave r s rcense renewe d If any popu ate d. f rn ormatron rs incorrect, p ease contact AMCO Licensee: Peninsula Oilers Baseball Club Inc License#: 846 License Type: Recreationa l Site -Seasonal Statute: AS 04.11.210 Doing Business As : Peninsula Oilers Premises Address: 103 S Tinker Lane Local Governing Body: City of Kenai (Kenai Peninsula Borough) Community Council: None Maili:ng Address: ox. 31~ City: State: ZIP: Enter information for the individual who will be designated as the primary point of contact regarding this application. This individual must be a licensee who is required to be listed in and authorized to sign this application. Contact Licensee: Jv1.,\ c,V\u_e.. \ ·\ ~ Contact Phone: Contact Email: Optional: If you wish for AMCO staff to communicate with individual who is not a licensee name d on this form (eg: lega l counsel) about this application and other matters pertaining to the license, please provide that person's contact information in the fields below. Name of Contact: Contact Email: [Form AB-17c] (rev09/17/2018) I Contact Phone: AMCO DEC 13 2018 I Page 1of4 61 ~\.""'•4<.r. I \ AMCO Alaska Alcoholic Beverage Control Board Form AB-17c: 2019/2020 Recreational Site Renewal License Application Section 2 -Entity or Community Ownership Information This top subsection must be comp leted by any licensee that is a corporation or LLC. Co r porations and LLCs are required to be in good standing with the Alaska Division of Corporations, Busine ss & Professiona l Licensing (CBPL). This number is neither your EIN/tax ID number, nor your business license number. You may view your entity's status or find your CBPL entity number by vising the following site: https://www.commerce.alaska .gov/cbp/main/search/entities General partnershi ps and loca l governments should skip to the sec ond half of this page . Licensees who directly ho ld a license as an indivi dual or individuals shou ld ski p to Section 3. I Alaska CBPL Entity #: t 36 33 D You must ensure that you are able to certify the following statement before signing your initials in the box to the right: Initials I certify that this entity is in good standing with CBP L and that all current entity officials and stakeho lders (listed be low) ~-· are also currently and accurately listed with CBPL. ~ This subsection must be completed by any community or entity, including a co r poration, limited liability company, partnership, or limited partnership, that is applying for renewa l. If more space is needed, please attach additiona l comp leted copies of this page . • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stoc k in the corporation, and for each president, vice-president, secretary, and managing officer . • If the applicant is a limited liability organization, th e following information must be completed for each member with an ownership interest of 10% or more, and for each manager. • If th e appl icant is a partnersh ip, i ncluding a limited pa rtnership, th e fo llowing i nformation must be comp leted for each partner with an interest o/ 10% or more, and for each general partner. Important Note: The information pr ovid ed in the below field s (includ ing spe lling of names, speci fic titles, and percentages held) must match that which is li sted with CBPL. If one individual holds m ultiple titles mentioned in the bull et s above, all titles mu st be li sted for that ind ividua l on this application and with CBPL. Fa ilure to list all requ ired titles constitutes an incomplete app lication. Name of Official : Title{s): Mailing Address: City: Name of Official: Title{s): Mailing Address: City: Name of Official: Title(s): Mailing Address: City: [Form AB-17c) (rev 09/17 /20 18) Li ce nse #846 DBA Peninsula Oilers <...'5/'JC· .. ..-1~0 n .J-/-41~ ~ lv'ee<.SV ~e. r- / l/O HeJnr,..C-~ Scsi ~o--lr. er Phone: %Owned: State: ZIP: I Phone: I ;24 ;i._-/5"6 7 I % Owned: I brc:l-e I State: 1 41~ I ZIP: l~~h9 Phone: %Owned: State: ZIP : 99&11 Page 2 of4 DEC 13 2018 62 PE.NINSULA BASEBALL December 28, 2018 State of Alaska Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 RE: Renewal Application for License #846 Responses to the letter dated 12/26/2018: • Page 2 -section 2 CBPL records o Sharon Hale should only be listed as Trea surer and Director. We have submitted a change of officials form with the Division of Corporations, Business and Professional Licensing and have attached a copy o John Osborne, Vice president, 953-0016, PO Bo x 3076, Kena i AK 9 9611 • Fingerprints and $47 check included for John Osborne o Diana Tice , Secretary, 830-8239, PO Box 3582 Soldotna, AK 99669 • Rec Site Statement o An approximation of game hours was added to the Recreation Site Statement Sincerely, f/{J11Jt1d ~ Michael Ti ce, President Peninsula Oilers Base ball Club, Inc. N.B .C. National Champions 1977 • 19 93 • 1994 JAN o 2 2019 P enins ula O ile r s Baseba ll Club • P.O. Box 318, Kenai, A las k a 99611 • (9 07) 283-7133 • Fax (90 7) 283-3390 63 Alaska Alcoholic Beverage Control Board Form AB-17c: 2019/2020 Recreational Site Renewal License Application Section 3 -Sole Proprietor Ownership Information This section must be completed by any licensee who directly holds the license as an individual or multiple individuals and is applying for license renewal. If more space is needed, please attach a separat e sheet that includes all of the required informat ion. Entities should skip to Section 4. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: D applicant D affiliate (spouse) Name: I Contact Phone: I Mailing Address: City: I State: I I ZIP: I Email: This individual is an: D app licant D affiliate (spouse) Name: I Contact Phone: I Mailing Address: City: j State: I I ZIP: I Email: Section 4 -Alcohol Server Education Read the line below, and then sign your initials in the box to the right of the statement: In itials I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of a patron ~ have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their ~ course completion cards on the licensed premises during all working hours, as set forth in AS 04 .21.025 and 3 AAC 304.465 . Section 5 -License Operation Check a single box for each calendar year that best describes how this liquor license was operated: The license was regu larly operated continuously throughout each year. The license was regularly operated during a specific season each year. The licen se was on ly operated to meet the minimum requirement of one time durin g the ca lendar year. The license was not operated at all during the calendar year. If this box is checked, a complete copy of Form AB-29: Waiver of Operation Application and corresponding fees must be submitted with this application for each calendar year during which the license was not operated for at leas t the minimum requirement, unless a complete copy of the form (incl udi ng fees) has already been submitted for that year. [Form AB-17c] (rev 09/17 /2018) Licen se #846 OBA Peninsu l a Oi lers /MACO DEC 13 2018 2017 2018 DD 0 f2j DD DD Page 3 of4 64 Alaska Alcoholic Beverage Control Board Form AB-17c: 2019/2020 Recreational Site Renewal License Application Section 6 -Violations and Convictions Applicant violations and convictions in calendar years 2017 and 2018: Have any notices of violation (NOVs) been issued to this licensee in the calendar years 2017 or 2018? Has any person or entity named in this application been convicted of a v iolation ofTitle 04, of 3 AAC 304, or a local ordinance adopted under AS 04.21.010 in the calendar years 2017 or 2018? Yes No 00 00 If ''Yes" to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions. Section 7 -Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify that all current licensees (as defined in AS 04.11.260) and affiliates have been listed on this application, and that in accordance with AS 04 .11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. I certify that I have not altered the functional floor p lan or reduced or expanded the area of the licensed premises, and I have not changed the business name or the ownership (including officers, managers, general partners, or stakeholders) from what is currently approved and on file with the Alcoholic Beverage Control (ABC) Board . I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued . I am submitting as part of this application a written statement that meets the attached Recreati onal Site Statement Guidelines, for review by the Alcoholic Beverage Control Board. Initials As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, is true, correct, and complete. I agree to provide all information required by the Alcohol ic Beverage Control Board or AMCO staff in support of this application and understand that ailure to do so by any dead ine given to me by AMCO staff will result in this application being returned to me as incomplete. ~~~~'~ )vuv~~--/~---H~ Printe name NDWPIPUbftc MARTHA ANN HADDOX State of Alaska My Comml11lon Expires Jun 22, 2019 ..,.P"ll.-i ......................... P"ll ..... Ye s No Seasonal License? 00 License Fee: I $ 400.00 Miscellaneous Fees : Signature of Notary Public Notary Public in and for the State of __ 4'--'"_l_llt __ D_~---- My commission expires: 5 VY1 e._ scribe d and sworn to before me this]fv--day of l) eL e mkJ9- If "Yes", write your six-month operating period: c Ju. ne / I Application Fee: I $ 300.00 I TOTAL: $ 700.00 'J-),1 Jo 11 2oll._. GRAND TOTAL (if different than TOTAL): [Form AB-17c] (rev 09/17 /2018) Licen se #846 DBA Peninsula Oilers IAMCO DEC 1 3 2018 Page4of4 65 PENINSULA BASEBALL December 6, 2018 State of Alaska Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 RE: Recreational Site Statement The Peninsula Oilers will be serving beer and wine one hour before the start of a game and until the conclus ion of the game. We have approximately 25 scheduled baseball games i n which we w ill be serving plus potential post season games. Our season goes from June 151 through mid-August. Game hours are approximately from 6pm to 9pm in the evening or 2pm to Spm for afternoon games . N .B.C. National Champions 1977 . 1993 • 1994 JAN O 2 2019 Penin s ula Oilers Baseball Club • P.O. Box 318, Kenai, Alaska 99611 • (907) 283-7133 • Fax (9 07) 283-3390 66 Divis ion of Corporations, Business and Professional Licens ing https://www.commerce.alaska.gov/cbp/main/search/e ntiti es I of 2 Details ENTITY DETAILS Name(s) Type Name Le gal Name PENINSULA OILERS BASEBALL CLUB, INC. Entity Type : Nonprofit Corporation Entity #: 13033D Status : Good Standing AK Formed Date: 4/11/1974 Duration/Expiration : 08/06/2029 Home State : ALASKA Next Biennial Report Due : 71212020 Entity Mailing Address: PO BOX 318, KENAI, AK 99611 Entity Physical Address : 601 S MAIN ST, KENAI, AK 99611 Registered Agent Agent Name : Sharon Hale Re g istered Ma i ling Address : PO BOX 318, KENAI, AK 99611 Registered Physical Address : 601 S Main St, Kenai , AK 99611 Officials AK Entity# Name Diana Tice John Osborne Michael Tice MIKE BAXTER Sharon Hale Filed Documents Date Filed 4/11/1974 Type Creation Filing Titles Secretary Vice President Director, President Director, Vice President Director, Secretary, Treasurer Filing I Show Former Owned Certificate 12/26/2018, I :30 PM 67 THE STATE 01ALASKA Department of Commerce, Community and Economic Development Division of Corporations, Business and Professional Licensing Corporations Section State Office Building, 333 Willoughby A venue, 9th Floor PO Box 110806, Juneau, AK 99811-0806 Phone: (907) 465-2550 • Fax: (907) 465-2974 Email : corporations@alaska.gov Website : Corporations.Alaska.Gov Notice of Change of Officials Domestic Non-Profit Corporation (AS 10.20) COR • This Notice of Change of Officials form is only for Domestic Non-Profit Corporations and is used to report changes in officers and directors information between biennial reporting periods. • This Notice of Change of Officials will not be filed if the entity's b iennial report is not current. To verify the entity's biennial report due date, go online to www.Corporations.Alaska.Gov and select, Search Corporations Database • Standard processing time for complete and correct filings submitted to this office is approximately 10-15 business days. All filings are reviewed in the date order they are received. • The information you submit is a public record and will be posted on the State's website. 1. Important: AS 10.20.631 Each Domestic Non-Profit Corporation is required to notify this office when there is a change of officials. -AS 10.20.631 Failure to meet this requirement may result in involuntary dissolution of the entity's authority to transact business in the State of Alaska. -AS 10.20.325(7) The Domestic Non-Profit Corporation is to keep and make available the records of the official(s) changes. -AS 10.20.131 2 . Fee: I I I 18) $25 Nonrefundable Filing Fee (CORF) 3 AAC 16.050(c) i -·-·--------""----------------------·-·--·-----------· Mail this form and the non-refundable $25 filing fee in U.S. dollars to the letterhead address. Make the check or money order payable to the State of Alaska, or use the attached credit card payment form. 3 . Entity Information: AS 10.20.631 --·-------·-------- Entity Name: Peninsula Oilers Baseball Club Alaska Entity Number: 130330 08-446 Rev 07/25/17 D Non-Profit Change of Officials 1 of 2 JAN a 2 2019 68 THE STATE 01ALASKA Department of Commerce, Community and Economic Development Division of Corporations, Business and Professional Licensing Corporations Section State Office Building, 333 Willoughby Avenue, 9 111 Floor PO Box 110806, Juneau, AK 99811-0806 Phone : (907) 465-2550 • Fax: (907) 465 -2974 Email : co1poratio11s @alaska.gov Website: C01porations.Alaska .Gov Contact Information • Return this form with your filing COR • This information may be used by the Division to assist with processing your attached filings • This form will not be filed for record, or appear online Entity Information Enter yo ur entity information as it appears on this filing. -·-·--·---·-··-------- Entity Name: Peninsula Oilers Baseball C l ub --w --•-----·•••--------f-·-·--------------------------------------- AK Entity#: 130330 Contact Person Whom may we contact with any questions or problems with this filing? -------------: Company: ------------~---------------·-----·--- Contact: ! Diana Tice -·----------~'r--------------------------------~ ! .~cbess. PO Box 318 Mailing Address: !--------------------------------------~ j I C.ty. Kenai State: AK Z I P: 99611 ----· ·---··-·-----·---·1-----------·-------·----·---· --------·----- ! 907-283-7133 ext 0 Phone: ,_ ____________ ---------1-------------------------------·----·---------- Email: J diana@oilersbaseball.com Document Return Address Provide an address for the return of your filed documents. 181 Return my filings to the address provided ABOVE D Return my filings to this address provided BELOW --------------~--- Company: : ------------------·----I Contact: : ' -----------,-----------------------· ·---- ' Aoci «es ,; PO Box 318 Mailing Address : !----· ------- I C1!y. Kenai 99611 Stat e: ZIP: l 08-561 Rev 7/14/16 Contact Information JAN 69 4. REMOVE from Record: AS 10.20.631(b) The following officials (officers and directors) will be completely removed from the record as a result of this filing : Name : Name: Name: Name: If an official is not being removed from record , then list them in Item #5 below (with their current information). 5 . ALL Current Officials: AS 10.20.631(b) and AS 10.20.705 --------------------------------------------------------------1 The following is a complete list of ALL remaining and new officials who will be on record as a result of this filing. Non-Profit Corporations must have a President, Vice-President, Secretary, Treasurer, and at least three (3) Directors. Two or more offices may be held by the same person, except the offices of President and Secretary which cannot be the same person. -AS 10.20 .086 and AS 10.20.121 ------·---------------------------..--.....--.---·--.---~~--~ 1 ; f IJ List ALL officia ls and their current information to be on record . BOLO f i elds are required. FU L L LEGAL NAME COMPLETE MAILING ADDRESS i I :§ I (i) .w I ~ I a.. ~ u~ 'E E ct I w :i ~ ~ I ~c vi .iii ... ~ ~ IC Michael Tice I PO Box 3582 , Soldotna, AK 99669 ! IC --· -. ---------~------·---------+-----+--l--+--1----+--I Mike Baxter J 1619 Toyon Way, Kenai.AK 99611 : I IC IC I ~--_ -~~:~n-~·-~--~,~~-------~_r_-~~~ox 301s. Kenai. AK 99~~~~---__ -;_-_[-IC --+----l---l-- 1 __ 1- rnana Tice i PO Box 3582, Soldotna, AK 99669 I I IC .. -·------_________ _J________ -+--~1-- Sharon Hale i 140 Heinrich St, Soldotna, AK 99669 i I I • I • ~ If necessary, use the following supplement page and include all information required above in Item #5. 6. Requ i red Signature: AS 10.20.631(b) and AS 10.20.650 ----·-··---·-··-------------------------- The Notice of Change of Officials must be signed by an officer of the non-profit corporation . A Director is not an authorized signer. Persons who sign documents filed with the commissioner that are known to the person to be f alse in material respects. are guilty of a class A misdemeanor. ') / /l Signat ure : __ j{j,_~f)~-1~~-4--.. '7-J-~----------Date: ___ j_;}_:-j_?:__~j_~_tj_~J( ____ _ Printed Name: __ J)_~~-~t~::-_ __ lc_~ __ -1L~-~----------------------------------------- Titl e of Authorized Signer: Q-L'--l.-~rc_ ~--v-~ ------·-·------------------··----·----·-·-----.---------------------(Must be signed by an officer of he non-profit. A director is not an authorized signer .) 08-446 Rev 07/25/17 D Non-Profit Change of Officials 2 of 2 JAN 1 70 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 January 18, 2019 City of Kenai Attn: Jamie Heinz, City Clerk VIA Email: jheinz@kenai.city Cc: cityclerk@kenai.city joanne@borough.kenai.ak.us jblankenship@borough.kenai.ak.us tshassetz@kpb.us Re: Notice of 2019/2020 Liquor License Renewal Application License Type: Recreational Site – Seasonal License Number: 846 Licensee: Peninsula Oilers Baseball Club Inc Doing Business As: Peninsula Oilers We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov 71 "Vt1fllje 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 Terry Eubank, Finance Department Scott Bloom, Legal Department Elizabeth Appleby, City Planner Jacquelyn LaPlante, Deputy City Clerk January 22, 2019 Liquor License Renewal ltdtd mr 1992 120 11 The Alcohol & Marijuana Control Office has sent notification that the following applicant has applied for renewal of their Liquor License #3218: Applicant: D/B/A: Carr-Gottstein Foods Co . Oaken Keg #1808 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. Please let me know if you have any questions . Once you have completed your section, please route to the next department. Thanks! 1. Police Department ? initials Q'I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The appli9al)t-has outstanding obligations and an additional page has been attached. 2. Finance 2c.) initials 'i!J I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The aP,p~cant has outstanding obligations and an additional page has been attached. 3~gal ., :t initials ~ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0The applicant has outstanding obligations and an additional page has been attached . 4;....!:!l~s Management \1 ~nitials W 1 ha ve reviewed all records for my department and the applicant is current on obligations or obligations do not exist. Orhe applicant has out$ng obligations and an additional page has been attached . 5;..!!l.anning and Zoning initials bll 1 have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. Orhe applicant has outstandin Returned to Clerk's office: \ 2J 72 Alaska Alcoholic Beverage Control Board Alcohol and Marij uana Co ntro l Office 550 W 7•h Avenue, Su ite 1600 Anchorage, AK 99501 alcohol .licensing@alaska .gov https://www.commerce.alaska.gov/web/amco Pho ne: 9 07.269 .0350 Master Checklist: Renewal Liquor License Application Doing Business As: Oaken Keg #1808 I License Number: 13218 License Type: Package Store Examiner: -loHAI I Transaction #: 1995238 Document Received Completed Notes AB -17: Rene w al Application 12/17/18 '" ~//1 App and Licen se Fee s 12/17/18 1 z./1 ?//A Supplemental Document Received Completed Notes Tourism/Re c Site Statement AB-25: Supplier Cert {W S) AB-29: Waiver of Operation AB -30: Minimum Operation AB -33 : Restaurant Affidavit CO i I COC I 5 Star FP Cards & Fees I AB-08a Late Fee Names on FP Cards: Selling alcohol in response to w ritten order (package stores)? / Mailing address and contact information different than in database (if yes, update databa se )? In "Good Standing" with CBPL (skip this and ne xt question fo r sole proprietor)? Officers and stockholders match CBPL and database (if "No", determine if transf er necess ary)? LGB 1 Response: LGB 2 Response: D Waive D Protest D Lapse d D Waive D Protest D La psed [Master Checklist: Renewal) (rev 09/20/2018) Page 1 of t 73 . ~t'"'' . ~,;. '. "'-Y . J ~ :·AMCO Alaska Alcoholic Be v e rage Control Board Alcoh o l and Marijuana Co ntrol Office 550 W 7'" Ave nue, Suite 1600 Anchorage, AK 99501 alconol.licens1ng @alaska.go v hr 1p s://www.com merce.al ask a.go v/web/Jm co Phone: 907.269.0350 Package Store Lic en se Form AB-17b: 2019/2020 Renewal License Application What is this form? Th is renewa l l icense app lication form is required for all individuals or entities seeking to app ly for renewal of an ex isting package store l iq uor lice n se t hat w i ll expir e on Dece mber 31, 2018. All fie lds of this fo r m must be comp lete and co r rect, or t he application will be returned to you in t he manner i n which it was received, per AS 04.11.270 and 3 AAC 304.105. The Community Council field only should be verified/completed by licensees whose establishments are located within the Municipal ity of Anchorage or outside of city lim its within the Matanuska-Susitna Boro ug h. This form must be compl eted correct ly and submitted t o the A lcohol & M a rijuana Control Office (AMCO)'s main office, along w ith a ll other required documents and f ees, b efore any r enewal license application will be conside r ed complete. Recei pt and/or processing o f renewal payments by AMCO staff neither in d ica t es nor guar ant ees that a n application will be considered complete, or that a licen se will be r enewed. Section 1 -Establishment and Contact Information Enter information for t he b usi ness see ki ng to have its license re newed . If any populated information is incorrect, pleas e contact AMCO . Licensee: Carr-Gottste i n Foods Co. License#: 3218 License Type: Package Store Statute: AS 04.11.150 Doi ng Bus iness As: Oake n Keg #1808 Premises Address: 10576 Kenai Sp ur Hwy Local Governing Bo dy: City of Ke na i (Ke nai Pen in sul a Borough) Community Council: No ne Mailing Address: PO BOX 29096 MS 6531 I I I ' I ! I ' I I I I I I I City: PHO ENIX I St at e: IAZ I ZIP: 185038-9096 I Enter information for the individual w ho will be designated as the primary point of contact rega rding this appl ication. This individual must be a licensee who is required to be listed in and authorized to sign this application. Contact Licensee: ROBERT GORDON I Contact Phone: 1208-395-3856 Contact Email : ROB ERT .GORDON @ SAFEWAY.COM Optional : If you wis h for AMCO staff to commun icate with individual w ho is not a licensee named o n rhis form (eg: legal cou nsel) about this applicat ion and othe r m atters pertaining to t he license, please provide that person 's con tact info rmation in the fields below. Name of Contact: NASC TAX J Contact Phone: 1623-869-3573 Contact Email: NASC.TAX@SAFEWAY.COM [Form AB-17b] {rev 09/l 7 /2018 ) AMtQage 1 of4 JAN -4 201 9 I 74 A:\ 0 Alaska Alcoh o lic Beverage Control Board Form AB-17b: 2019/2020 Package Store Renewal License Application Section 2 -Entity or Community Ownership Information This top subsectio n must be completed by any l icensee that is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations, Business & Professiona l Licensing (CBPL). This number is neither your EIN/tax I D number, nor your bus iness license number. You may view your entity's status or find your CBPL entity number by vising the fo llowing si te: https://www.commerce.alaska.gov/cbp/main/search/entities General partnerships and local governme nt s should skip to the second half of this page. Licensees who directly hold a license as an ind ividua l or individua l s should skip to Section 3. Alaska CBPL Ent ity#: 10023528 (CARR-GOITSTEIN FOODS CO.) You must ensure t hat you are able to certify the following statement before signing your i nitials in the box to the right: I certify that this entity is in good sta nding with CBPL and that all current entity officials and stakeholders (listed below) ar e also currently and accurately listed with CBPL. Initials Thi s su bsect ion mu st be completed by any community or entity, including a co rporation, l imited liabil ity company, pa r tnership, or l im ited partnership, that is applying for renewal. If more space is needed, please attach additional completed cop ies of this page. • If the appl icant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the st ock in the corporation, and for each president, vice-president, secretary, and managing officer. • If the applicant is a limited liabil ity organization, the following i nformation m u st be completed for each member with an ownership interest of 10% or more, and fo r each manager. • If the app licant is a partnership, incl uding a l im ited part ne r ship , the fo ll owin g information must be completed for each partner with an interest of 10% or more, and for each genera l partner. Important Note: The information provided in the below fields (includ ing spelling of names, specific titles, and percentages held) must m atch that which is listed with CBPL. If one in dividual holds multiple titles mentioned in the bullets above, all titles must be listed for that in dividual on this application and with CBPL. Failure to li st all required titles constitutes an incomplete application. Name of Official: PLEAS E SEE ATTACHED OFFICERS LIST Title(s): Mailing Address: City: Name of Official : Title(s): Mailing Address: City: Name of Official: Title(s): Mail ing Address: City: [Form AB-17b] (rev 09/17 /2018) Lic e nse #3218 OBA Oake n Keg 111808 I Phone: I State: I Phone: I State: I Phone: I State: I I %Owned: I I I ZIP : I I I %Owned: I I I ZIP: I I I %Owned: I I I ZIP. I AMCC Page 2 of 4 IAN -4 70 19 ' I ' I I I I I I I I ! I I I I i i i 75 CARR -GOTISEIN FOODS CO . ENTITY #10023528 Officers List Name of Official : SSl -AK HOLDINGS, I NC. Title(s): SH A REHOLDER Maili ng Address : 5918 STONERIDGE MALL RO A D, TAX DIVISION , PLE A SA NTON , CA 945 88 -3229 Phone: % Ow ned Name of Of ficial : Tit le (s ): Mailing Address: Phone : %Owned N ame of Official: Title(s ): Mailing A ddress: Phone : %Ow ned Name of Official : Title(s): Mailing Address: Phone: % Ow n ed N a me o f Official : Title(s): Mailing Address: Phone: % Ow ned 925 -467-3700 100% ROBERT MILLER PRESIDENT 250 E PARKCENTER BLVD, BOISE , ID, 83706 208-395-6200 0% ROBERT GORDON DIRECTOR, SECRET A RY, V ICE PRESIDEN T 2 50 E PARKCENTER BLV D, BOISE, ID, 83706 208-395-6200 0 % LAURA DONALD DIRECTOR , ASSISTANT SECRETA RY , V ICE PRESID ENT 250 E PARKCENTER BLVD , BOISE, ID, 83706 208-395-6200 0 % GARY MORTON TREASURER , VICE PRESIDENT 250 E PARKCENTER BLVD, BOISE , ID, 83706 208-395-6200 0 % AMCO !JAN ... 4 L01 9 I 76 A las ka Alcoholic Bever ag e Control Boa rd Form AB-17b: 2019/2020 Package Store Renewal License Application Section 3 -Sole Proprietor Ownership Information This sect ion must be completed by any licensee who directly hold s th e licens e as an individual or multiple individuals and is applying for license r ene wal. If more space is needed, please attach a sepa rate she et t hat includ es all of the required i nf ormation. Entities should skip to Section 4. The fo llowing information must be comp leted for each licensee and each affi liate (spouse). This individual i s an : 0 app licant D affiliate (spouse) Name: I Contact Phone: I M a iling Address : City: I Sta t e : I I ZI P: I Email : This individua l is an : D app licant D affi liate (s pous e) Name: I Co ntact Ph o n e: I Mai ling Address: City: I State: I I ZIP: I Email : Section 4 -Alcohol Server Education Read t he l ine bel ow, and then sign y o ur init ials in the box t o t he r ight of the statement: Initia ls I certify that all licensees, agents, and emp loyees w ho sel l or serve alcoholic beverages or check identification of a pat ron I ~ I have completed an alcoh ol server educat ion course approved by the ABC Board and keep cu rrent, va lid copies of their course comp le tion cards on t he licensed prem is es during al l w orking hours, as se t fo rth in AS 04.21.025 and 3 AAC 304 .465. Section 5 -License Operation Check a single box for each calendar year that b es t desc ri b es how t his liquor license was operated : The lice nse was regula rly operated continuously throughout each yea r. The licen se w as reg ularly operated dur ing a specific season each yea r. T he license w as only operated to meet the m in imum requiremen t o f 240 total hours each calendar year. If this box is checked, a complete copy of Form A B-30: Proof of Minimum Operation Checklist, an d all necessary documentation must be provided with this applica t ion . The license was not operated at all o r was not ope r ated for at lea st the min imum requirement of 240 total ho urs each year, during one or both of th e calendar years. If this bax is checked, a complete copy of Form AB-29: Waiver of Operation Application a nd corresponding fees must be s ubmitted with this application for each calendar year duri ng wh ic h the lice nse was no t opera red f o r at leas t the minimum requirement, unless a complete copy of the f orm (including fees) has already been s ubmitted for rhar ye ar. 20 17 201 8 [TI 0 DD DD DD [Fo r m AB-17b] (rev 09/17 /2018) Lic e n se lt3218 OBA Oa ke n Keg lt1808 AJl/\COage 3 of 4 JAN -4 201 9 I ! i I i I I I I I I I ! I I ; 77 A, CO Alaska Alcoholic Beverage Control Board Form AB-17b : 2019/2020 Pa ckage Store Renewal License Applic atio n Section 6 -Written Orders Written orders in calendar years 2019 and 2020 : Do you in t end to se ll alcoholic beverages and shi p t hem to an other location in resp onse to written solicitation in ca len dar years 2019 and/or 2020? Section 7 -Violations and Convictions Yes D No Applicant violat ions and convictions in calendar years 2017 and 2018: Yes No Have any no tices of violation (NOVs) been issued to t his licensee in the calendar years 2017 or 2018? Has any person or entit y named in this application been convicted of a violation of Title 04, of 3 AAC 304, or a local o r di nance adopted under AS 04.21.010 i n the calendar years 2017 or 2018? 00 00 If "Yes" to ei t her of the previous two q uestions, attach a separate page to this application listing all NOVs and/or convictions. Section 8 -Certifications Read each line below, and then sign your initials in the box to the r ight of each statement: I ce rtify that all current licensees (as defined i n AS 04.11.260) and affil iates have been listed on this application, and that in accordance with AS 04.11.450 , no o ne other than the l ic en see(s) has a direct or indir ect financial interest in the licensed business . I ce rtify t hat I have not altered the f unctional floor pl an or red uced or expanded the ar ea of the licensed pr emise s, and I have not changed the bus iness name or t he ownershi p (including officer s, managers, gener al partners, or sta keholders) from what is curr ently approved and on file w ith the Alcoholic Beverag e Control (ABC) Board. I certi fy on beha lf of myse lf or o f the organized entity that I u nderstand t hat provid ing a false state ment on this form or any other form provi ded by AMCO is grounds for re j ection or denia l of this app li ca tio n or r evocation of any licen se iss ued. Signature of license e Robert A. Gordon Initials Pr inted nam e of licensee My commis sio n expires: \ 'd--l \ 5 \'d;::).. Subscribed and swom to befo<e m e th i~ day of --::]" Q,nlJ<lN o , 20 lq If "Yes ", write your six-month operating period:------------Seasonal License? Yes D No 0 License Fee: I s 1so o.oo I Application Fee: I $ 300.00 I TOTAL : I $ isoo.oo Miscellaneous Fe es: GRAND TOTAL (if different than TOTAL): I [Form AB -17b] (rev 09/17 /2018) Li cense 113218 OBA O ake n Keg 111 8 08 AMCO IJAN -4 20l ~ Pag e4 of 4 78 Notice of Violation (3AAC 304.525) This form, all information provided and responses are public documents per Alaska Public Records ACT AS 40.25 Date: 08-08-18 License #/Type: #3218 Package Store Licensee: Carr-Gottstein Foods Co . DBA: Oaken Keg #1808 Address : 10576 Kenai Spur Hwy., Kenai , AK 99611 AMCO Case #: AB 18-000931 This is a notice to you as licensee that an alleged violation has occurred . If the Alcohol ic Beverage Control Board decides to act against your license, under the provisions of A S 44.62.330 -AS 44.62.630 (Administrative Procedures Act) you will receive an Accusation and Notice of your right to an Administrative Hearing. Note : This is not an accusation or a criminal complaint. During an inspection on 7-6-18 it was found Sales Clerk Teresa Matranga did not have a current copy of Server Education with her or a copy on file . She contacted the Liquor Store Manager, Rachel Stone-Ewing, whom advised the copies of all employees Server Education Cards had been misplaced during their move on May 31, 2018 and had not been seen since. The Safeway Assistant Store Manager, Jennifer Moore, was contacted and able to produce a copy of her Server Education Card. Moore took over sales in the liquor store. Moore later was able to obtain copies of the other employee's Server Cards and forward them via email to myself, lnvestigatior Stonecipher. Notice of Violation issued for the lack of Server Education Cards since May 31 , 2018. This is a violation of AS 04.21 .025 Alcohol server education course. You are directed to respond in writing to this Notice of Violation within 10 days of receipt to explain what action you have taken to prevent a re-occurrence of this violation. FAILURE TO RESPOND TO THIS NOTICE OF VIOLATION WITHIN 10 DAYS WILL RESULT IN YOUR APPREARANCE, EITHER IN PERSON OR TELEPHONICALL Y, BEFORE THE ABC BOARD AT THEIR NEXT REGULARLY SCHEDULED BOARD MEETING. *Please send your response to the address below and include your alcohol license number in your response. 3 AAC 304.525 (B) provides th at upon re ceipt of a Notice of Violation, a li ce nsee may reque st to appear before the Director and be hea rd regarding the Notice of Violation . The request must be made within ten days after receipt of th e Notice and the Direct or must grant an appearance within ten days after receipt of a request. A Licensee s hall respond , ei th er orally or in writing, to the Notice. Alcohol & Marijuana Control Office ATTN: Enforcement 550 W. 7th Ave, Suite 1600 Anchorage, Alaska 99501 amco.enforcement@alaska.gov Issuing Investigator: A. Stonecipher SIGNATURE: c;:_,,,y-- Delivered VIA: Em ai l Received by: SIGNATURE: Date : OO~©~_g\Yl[Sli JAN 15 2019 ALCOHOL MA nlJlMl<n vli1 ~ I RUL C STATE OF ALASKA \ 79 Hello Keri, I am only able to locate four participants for the list you sent me. Are t hese the correct spe l ling of each participant? Vicky Ha rt Ha l a A llam Da v id Dipola Austin Painter Regards, Carlos Palac ios Account Manager 1501 Wilson Blvd Suite 500 Arlington, VA 22209-2414 Phone: 1.800.438.8477 x3 09 Email: palacjosc@€ettips.com From: Keri Rochon [m ailto :Ke ri.Roc ho n@albe rtsons .co m] Sent: Friday, July 6, 2018 4:13 PM To: Carlos Palacios Cc: Store 1808 c90 -Store Manager; Joe Rybak Subject: Proof of training Carlos - As per our conversation -could you please provide the elec copy of training for the following: Rache l Stone-Ewing Vicky Hart Ph ilip Blythe Fe l icity Ame nd Hala Al lam David Dipo la Austin Painter Will Nejera JAN 15 2019 Al COHuL MArt lJl.iANA ..,JI'< l KO L c, t • STAT E OF AU.SKA Either myself 40612 OR David Hunter would more than likely be the trainer . I believe that a few of these at least recently went thru a class where I might not even have the updated card? \ 80 Thanks for your help on this busy Friday Keri k..e~L f .[> ~f'V\, District Front End Operations Manage r , Alaska Districts !Seattle Division 907.339.7740v1907.382-3399c1623.869.1975 f I ema i l: keri.rochon@safeway.com SAFEWAY ,, A Albertsons CARRS ,, Warning: All e-mail sent to this address will be received by the corporate e-mail system, and is subject to archival and review by someone other than the recipient. This e-mail may contain proprietary information and is intended only for the use of the intended recipient(s). If the reader of thi s message is not the intended recipient(s), you are notified that you have received this message in error and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received thi s message in error, please notify the sender immediately. Off Premise Issued: 7/512017 ID# 4568742 FELICITY J AMEND 10576 Kenai Spur Hwy Kenai , AK 99611-7661 For service visit us online at www.gettips.com David Hunter, 52454 l · I\ 'I I I· I f: I) Expires: 6/6/2020 Cf'Rl ll·lf.0 Off Premise Issued: 71512017 ID# 4568746 WILLIAM NAJERA 10576 Kenai Spur Hwy Kenai, AK 99611-7661 For service visit us online at www.gettips.com David Hunter, 52454 Expires: 6/6/2020 OO~©maw&u JAN 15 2019 ALCOHOL MAttlJ l.JAJ'-j,, vuf\ I tllll C STATE OF ALASKA \ 81 Off Premise Issued: 513120 16 10#4244535 PHILIP BLYTHE 10576 Kenai Spur Hwy Kenai, AK 9 9611-7811 For service visi t us onli ne at www.getti ps.com Ken Rochon. 4061 2 Off Premise Issued: 7/5/2017 ID# 4568749 RACHEL M STONE EWING 10576 Ke nai Spur Hwv Kenai , AK 99611-7861 For service visit us online at www.gettips.com David Hunter, 52454 C F R 'I I I· I I, D Expires: 4 /5/2019 DOB: 03/05 /195! I: R 'I I I· I I : D Expires: 616/2020 Warning: All e-ma il se nt t o t his address w ill be received by the corpo r ate e-ma i l sys t em, and is subject to a r ch iva l a nd revie w by so m eone othe r than t he r ec ipie nt. Thi s e-m ail m ay co ntain propr iet ary information a nd is i ntended o nly for the use of t h e i n te nded rec ipi ent (s). If the r eader of this message is not the int end ed r ec ipient(s}, you are notifi ed that yo u have r eceive d t hi s m essage i n e r ror an d that any rev iew, d isseminat ion, di str ibutio n or copying of th is message is stri ctly prohibited. If you h ave rece ived t his message in e r ror, p lease not ify the se nd e r imm edi ate ly. ooff~_.u JAN 15 2019 1.1Ui~1 nOL 0 1 "LCOtM M~~¥~oFALASKA - \ 82 Divi s ion of Corporations, Business and Professio nal Li cens ing http s://www.commerce.ala ska.gov/cbp/main/search/entities I of 2 Details ENTITY DETAILS Name(s} Type Name Legal Name Carr-Gottstein Foods Co Entity Type : Business Corporation Entity #: 10023528 Status : Good Standing AK Fo rm e d Date: 9/16/2014 Duration/Expiration : Perpetual Home State : DELAWARE Next Biennial Report Due : 1/2/2020 Entity Mailing Address : 5918 STONERIDGE MALL ROAD , TAX DIVISION , PLEASANTON , CA 94588-3229 Entity Physical Address : 5918 STONERIDGE MALL ROAD , TAX DIVISION , PLEASANTON, CA 94588-3229 Registered Agent Ag e nt Name : CT Corporation System Registered Mailing Address : 9360 GLACIER HWY, SUITE 202 , JUNEAU , AK 99801 Registered Physical Address : 9360 GLACIER HWY, SUITE 202, JUNEAU , AK 99801 Officials AK Entity # Name GARY MORTON LAURA DONALD Robert A Gordon ROBERT MILLER SSl-AK Holdings, Inc Filed Documents Titles Treasurer, Vice President Director, Assistant Secretary, Vice President Director, Secretary, Vice President President Shareholder Show Former Owned 100 1/9 /2 019, 4 :16 PM 83 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 January 22, 2019 City of Kenai Attn: Jamie Heinz, City Clerk VIA Email: jheinz@kenai.city Cc: cityclerk@kenai.city joanne@borough.kenai.ak.us jblankenship@borough.kenai.ak.us tshassetz@kpb.us Re: Notice of 2019/2020 Liquor License Renewal Application License Type: Package Store License Number: 3218 Licensee: Carr-Gottstein Foods Co. Doing Business As: Oaken Keg #1808 We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov 84 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3050-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A FEDERAL GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES PASSED THROUGH THE ALASKA STATE LIBRARY FOR EMPLOYEE TRAVEL AND TRAINING. WHEREAS, the Kenai Community Library has received a $1,250 grant from the Institute of Museum and Library Services passed through the Alaska State Library for travel expenses of a staff member to attend the 2019 Alaska Library Association Conference to be held in Juneau; and, WHEREAS, the total estimated cost of the trip is $1,350 and the Kenai Community Library has sufficient funds in its budget to cover the excess; and, WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept a grant in the amount of $ 1,250 from IMLS passed through Alaska State Library for travel expenses of a staff member to attend the 2019 Alaska Library Association Conference and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 2. That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Federal Grants - Library $1,250 Increase Appropriations: Library – Travel & Transportation $1,250 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. 85 Ordinance No. 3050-2018 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of February, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: _________________ Introduced: February 6, 2019 Enacted: February 20, 2019 Effective: February 20, 2019 86 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Jo Joiner, Library Director DATE: January 10, 2019 SUBJECT: Ordinance 3050-2019 – Continuing Education Grant for Library The Alaska State Library receives funds from the Institute of Museum and Library Services to pay for continuing education grants. These travel funds allow staff members to attend a continuing education workshop or conference. These funds can be spent on travel, lodging, per diem and registration expenses. This year Janina Efta has been awarded funds ($1,250) to attend the Alaska Library Association Conference to be held in Juneau, Alaska from February 28, 2019 through March 3, 2019. This ordinance will appropriate the $1,250 grant to allow Ms. Efta to attend the conference. Estimated expense for the trip is $1,350. The library has sufficient funds in the travel budget to cover the additional expense. Your consideration is appreciated. 87 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3051-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING PRIVATE DONATIONS TO THE KENAI ANIMAL SHELTER FOR THE HUMANE CAPTURE AND TREATMENT OF ANIMALS. WHEREAS, Kenai Spine donated $500 and Anna Bereziewicz donated $1,000 to the Kenai Animal Shelter with the intention of furthering the mission of the Animal Shelter in the humane capture and treatment of animals; and, WHEREAS, the Animal Control Chief has identified equipment needs, including items that will assist staff in safely handling difficult animals; and, WHEREAS, the acceptance of these donations to further the mission of the Animal Shelter is in the best interest on the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept these donated funds and to expend them as authorized by this ordinance and in line with the intentions of the donors. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues- Donations – Animal Control $1,500 Increase Appropriations – Animal Control – Small Tools $1,500 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. 88 Ordinance No. 3051-2019 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of February, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Approved by Finance: _________________ Introduced: February 6, 2019 Enacted: February 20, 2019 Effective: February 20, 2019 89 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross – Police Chief DATE: January 25, 2019 SUBJECT: Ordinance No. 3051-2019 - Ordinance Accepting and Appropriating Private Donations to the Kenai Animal Shelter ______________________________________________________________________ The Kenai Animal Shelter received unsolicited donations from two separate donors in January. Kenai Spine donated $500 and Anna Bereqiewicz donated $1,000. The intention of the donations was to assist the Kenai Animal Control officers in the humane capture and treatment of animals. The Animal Control Chief has identified equipment needs to be purchased with the donations, including items that will assist in handling difficult animals. I am respectfully requesting consideration of the ordinance accepting and appropriating those donated funds for the purpose the donors intended. 90 Sponsored by: Legal CITY OF KENAI ORDINANCE NO. 3052-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING PROVISIONS IN KENAI MUNICIPAL CODE TITLE 3-ANIMAL CONTROL, INCLUDING THE DEFINITION OF “VICIOUS ANIMAL” IN KENAI MUNICIPAL CODE 3.05.010-DEFINITIONS, MANDATORY COURT APPEARANCE REQUIREMENTS IN KENAI MUNICIPAL CODE 3.05.070-CITATION PROCEDURE, INCLUDING A NEW OFFENSE IN KENAI MUNICIPAL CODE 3.10.020- CONTROL AND CONFINEMENT OF ANIMALS, AND MAKING CORRESPONDING CHANGES TO KENAI MUNICIPAL CODE 13.10.015 – MINOR OFFENSE FINE SCHEDULE AND THE CITY’S UNIFORM MINOR OFFENSE TABLE. WHEREAS, amendments in this Ordinance to Title 3 of the Kenai Municipal Code are intended to provide clarification and additional means for animal control officers to address inadequate control of animals; and, WHEREAS, it is important to the public welfare, health and safety of residents that animal owner’s in the City properly control and treat their pets in a reasonable and responsible manner; and, WHEREAS, the proposed amendment to the definition of “vicious animal” in KMC 3.05.010- Definitions, clarifies that an animal is considered a vicious animal if it has done unreasonable harm to a human or other animal in a hostile manner or has twice been found to be a dangerous animal by a court ; and, WHEREAS, the amendment to KMC 3.05.070-Citation Procedure, requires that an animal owner that violates a provision of KMC Chapter 3.10-Control and Treatment of Animals, three times within a 12 month period have a mandatory arraignment before a judge rather than just pay a fine; and, WHEREAS, requiring an animal owner to go to court and address the owner’s control and treatment of their animal that is frequently not being controlled or treated properly is intended to curb the conduct that the City’s fine provisions have been unsuccessful in addressing; and, WHEREAS, Kenai Municipal Code 3.10.020-Control and Confinement of Animals, currently prohibits a person from letting an animal be unrestrained and provides an increased fine for an animal that is not confined and is either vicious or dangerous, but does not specifically address an animal that has not previously been deemed vicious or dangerous and causes harm or injury to a person or other animal; and, WHEREAS, adding a provision that carries a citation amount of $100 for an animal that is not reasonably confined or restrained and harms or injuries a person or other animal is reasonable and intended to recognize the poor conduct of the animal and owner in relation to the $50 citation for an animal that is merely unrestrained and causes no harm; and, 91 WHEREAS, amendments to KMC 13.10.015 – Minor Offense Fine Schedule and the City’s Uniform Minor Offense Table are necessary to effectuate the changes to the City’s Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 3.05.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.05.010- Definitions, is hereby amended as follows: 3.05.010 Definitions. As used in Title 3: (1) “Animal” means all domestic or domesticated members of the Kingdom Animalia. (2) “At large” means not under restraint. (3) “Cat” means a domestic or domesticated member of the family Felidae. (4) “Current rabies vaccination” means a vaccination: (A) As specified in the “compendium of animal rabies vaccines” prepared by the Rabies Subcommittee of the National Academy of Sciences and by the National Association of State Public Health Veterinarians, Inc. (1978); (B) Administered in accordance with State law; and (C) Evidenced by a rabies vaccination certificate in a form approved by the State Division of Public Health. (5) “Dangerous animal” means any animal which due to improper or inadequate supervision or control has done an act harmful in its character to human beings or animals, regardless of whether the act is done in a playful or hostile manner. (6) “Dog” means a domestic or domesticated member of the family Canidae. (7) “Kennel.” (A) “Kennel, commercial” means premises where four (4) or more dogs over four (4) months of age are owned, kept, boarded, bred and/or offered for sale. (B) “Kennel, private” means premises where four (4) or more dogs over four (4) months of age are owned or kept for private enjoyment. (8) “Impoundment” means: 92 (A) The seizure of animals by the methods set forth in KMC 3.25.010(d). (B) Seizure of a vicious animal. (9) “Officer” means a person charged by law with the duty to enforce provisions of this title. (10) “To own” an animal includes having title, keeping, harboring, and having custody or control of an animal. (11) “Person” includes individual, joint venture, partnership, corporation, or unincorporated association. (12) “Restrain” means: (A) Physical confinement, as by leash, chain, fence, or building; or (B) Under competent voice control when an animal is engaged in an activity or form of training requiring that it not be physically confined; or (C) Under competent voice control when an animal is on the property of its owner. (13) “Sterile” means rendered incapable of reproduction by surgical operation. (14) “Vicious animal” means an animal that has done an unreasonable act harmful to human beings or animals which act is done in a hostile manner[.] or [A]any animal which has been twice adjudged a dangerous animal by a court of competent jurisdiction, whether by a plea of no contest or guilty or by trial, shall be considered vicious for purposes of penalties imposed by KMC 3.05.060(d). Section 2. Amendment of Section 3.05.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.05.020- Citation Procedure, is hereby amended as follows: 3.05.070 Citation [P]Procedure. (a) An officer may serve a summons and complaint in the form of a citation upon a person for violating a provision of this chapter, or a term, condition, or limitation of a license issued hereunder, or a City regulation promulgated under this title. (b) A summons and complaint issued under this section shall contain a notice directing the person to whom it is issued to appear in the Court for the Third Judicial District of the State of Alaska at Kenai, or pay a fine to the City of Kenai. (c) An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with the officer’s immediate superior who shall forward the citation to the City of Kenai Legal Department. 93 (d) Mandatory court appearance shall be required: (1) For a violation of KMC 3.10.020(c). (2) For a violation of KMC 3.10.070(g). (3) For all cruelty charges under this code. (4) Upon third citation of all other provisions of Chapter 3.10 in a twelve month period. Section 3. Amendment of Section 3.10.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.10.020- Control and Confinement of Animals, is hereby amended as follows: 3.10.020 Control and [C]Confinement of [A]Animals. (a) A person who owns a dog shall keep the dog under restraint at all times. (b) A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (c) A person who owns a dog or other animal shall use reasonable means, including restraint or confinement, to prevent that dog or other animal from causing harm or injury to another person or animal unless the animal is on the private property of the owner. ([C]d) A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. ((D)e) A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes, provided that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. ([E]f) No person other than an officer performing his duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. Section 4. Amendment of Section 3.10.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.10.015- Minor offense fine schedule, is hereby amended as follows: 94 13.10.015 Minor [O]Offense [F]Fine [S]Schedule. In accordance with AS 29.25.070(a), citations for the following offenses may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the fine amounts listed below or on the State of Alaska Uniform Minor Offense Tables for Titles 28 and 13 AAC offenses plus the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the City of Kenai. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one (1) of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense. If an offense is not listed on this fine schedule or another fine schedule the defendant must appear in court to answer to the charges. The fine amounts are doubled for motor vehicle or traffic offenses committed in a highway work zone, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b). An offense may not be disposed of without a court appearance if the offense is in connection with a motor vehicle accident that results in a death of a person. MINOR OFFENSE FINE SCHEDULE CITE RULE/OFFENSE FINE [RULES OF ROAD] OFF-ROAD VEHICLE OPERATION 1 KMC 13.40.020(a) On public or private property without the express or Implied consent of the owner, authorized agent, or representative. 100.00 2 KMC 13.40.020(b) On municipal park lands, except where specifically authorized, municipal playgrounds and school playground areas except by special authorization or in a specially designated area. Notwithstanding, wheelchairs may be operated on park lands and playgrounds by persons with mobility disabilities, subject to the other provisions of this chapter. 100.00 3 KMC 13.40.020(c) On a City or State maintained roadway, sidewalk, or on a path or trail designated for bicycles or pedestrians, unless such travel is necessary to go around an obstruction or hazard. 100.00 4 KMC 13.40.020(d) On any City or State road right-of-way that has been landscaped, seeded, or otherwise improved. 100.00 5 KMC 13.40.020(e) In such a manner as to produce sufficient noise to disturb the peace and quiet of another. 100.00 95 CITE RULE/OFFENSE FINE 6 KMC 13.40.020(f) In such a manner as to cause damage to improved property or destruction to the terrain. 100.00 7 KMC 13.40.030 Special stops required 90.00 8 KMC 13.40.050 Helmet required 100.00 9 KMC 13.30.080 Operating vehicle in a prohibited area 100.00 ANIMALS 10 KMC 3.10.010 No person may permit an animal which he owns to interfere with another person’s reasonable right to peace or privacy by making repeated or continued noise. (1st offense) 50.00 11 KMC 3.10.010 No person may permit an animal which he owns to interfere with another person’s reasonable right to peace or privacy by making repeated or continued noise. (2nd offense) 100.00 12 KMC 3.10.020(b) A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (1st offense) 50.00 13 KMC 3.10.020(b) A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (2nd offense) 100.00 14 KMC 3.10.020(c) A person who owns a dog or other animal shall use reasonable means, including restraint or confinement, to prevent that dog or other animal from causing harm or injury to another person or animal unless the animal is on the private property of the owner. 100.00 [14]15 KMC 3.10.020[(c)]d A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. (1st offense) 50.00 [15]16 KMC 3.10.020[(c)]d A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. (2nd offense) 100.00 [16]17 KMC 3.10.020[(d)]e A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes; 50.00 96 CITE RULE/OFFENSE FINE provided, that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. (1st offense) [17]18 KMC 3.10.020[(d)]e A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes; provided, that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. (2nd offense) 100.00 [18]19 KMC 3.10.020(e) No person other than an officer performing his duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. (1st offense) 50.00 [19]20 KMC 3.10.020(e) No person other than an officer performing his duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. (2nd offense) 100.00 [20]21 KMC 3.20.010 Failure to license a dog 25.00 [21]22 KMC 3.10.080 Failure to properly dispose of dog waste 50.00 [2223] KMC 3.15.050(a) Standards for operating facilities up to 500.00 PARKING [23]24 KMC 13.10.060 Camping on private property 50.00 [24]25 KMC 13.30.030 Night parking prohibited 50.00 [25]26 KMC 13.30.035 Paid parking 50.00 [26]27 KMC 13.30.095 Parking prohibited on Kenai Avenue 50.00 [27]28 KMC 18.35.010 Overnight camping 50.00 [28]29 AR 6.05.010-030 Parking at airport (1st offense) 25.00 [29]30 AR 6.05.010-030 Parking at airport (2nd offense) 50.00 ABANDONED / JUNK VEHICLES / LITTERING [30]31 KMC 12.20.010 Deposit of refuse (littering) 500.00 [31]32 KMC 12.20.010 No fish, fish carcasses, fish parts or offal may be deposited in dumpsters or receptacles unless marked specifically to allow for fish or fish parts. 150.00 [32]33 KMC 12.25.020 Abandonment of vehicle 100.00 97 CITE RULE/OFFENSE FINE [33]34 KMC 12.25.030 Junk vehicle 100.00 OFFENSES AGAINST PROPERTY [34]35 KMC 13.20.030 Protection of North and South Shore—No physical damage 150.00 [35]36 KMC 13.20.030 Protection of North and South Shore—Physical damage 500.00 [36]37 KMC 13.20.035 Burning of pallets and other wood materials containing metal fasteners 50.00 Section 5. That the City of Kenai’s Kenai Offenses in Uniform Minor Offense Table (UMOT) is amended as attached to conform with the amendments enacted above. Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of February, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: February 6, 2019 Enacted: February 20, 2019 Effective: March 22, 2019 98 Ordinance Number Ordinance Description Offense Appearance type: Mandatory Optional or Correctable Fine Schedule Amount for Optional / Correctable Maximum Fine Permitted for Mandatory KNMC2.25.010 Intoxicating Liquor Prohibited In Certain Places Without A Permit Mandatory $500.00 KNMC3.05.070 Third violation of all other Provisions of Chapter 3.10 in a twelve month period Mandatory $500.00 KNMC3.10.010 Animal Interfere Peace Or Privacy-1st Offense Optional $50.00 KNMC3.10.010 Animal Interfere Peace Or Privacy-2nd Offense Optional $100.00 KNMC3.10.020(a)Keep The Dog Under Restraint At All Times-1st Offense Optional $50.00 KNMC3.10.020(a)Keep The Dog Under Restraint At All Times-2nd Offense Optional $100.00 KNMC3.10.020(b)Shall Keep The Animal Other Than A Dog Under Restraint-1st Offense Optional $50.00 KNMC3.10.020(b)Shall Keep The Animal Other Than A Dog Under Restraint-2nd Offense Optional $100.00 KNMC3.10.020(c)Shall Keep Animal From Injuring Persons or Property Optional $100.00 KNMC3.10.020[(C)](d)Vicious Or Dangerous Animal Shall At All Times Be Confined Mandatory $500.00 KNMC3.10.020[(D)](e)Keep The Dog Or Cat Under Restraint When In Heat-1st Offense Optional $50.00 KNMC3.10.020[(D)](e)Keep The Dog Or Cat Under Restraint When In Heat-2nd Offense Optional $100.00 KNMC3.10.020[(E)](f)Release An Animal From Restraint Without Its Owner's Consent Mandatory $500.00 KNMC3.10.030 Maintain All Structures/Pens/Yards In A Clean/Sanitary Condition/Free From Oder Mandatory $500.00 KNMC3.10.040 Sell A Diseased/Injured/Otherwise Physically Defective Animal Without Disclosing Mandatory $500.00 KNMC3.10.050 Confine An Animal By A Street/Sidewalk/Alley/Public Place Mandatory $500.00 KNMC3.10.060(a)(1)No Person May Intentionally Kill An Animal Mandatory $500.00 KNMC3.10.060(a)(2)No Person May Intentionally Injure/Torment/Poison/Provoke/Abuse An Animal Mandatory $500.00 KNMC3.10.060(a)(3)No Person May Maintain An Animal Without Providing Food/Water/Shelter Mandatory $500.00 KNMC3.10.060(c)(1)No Person May Cause An Animal To Fight Another Animal Or Human Being Mandatory $500.00 KNMC3.10.060(c)(2)No Person May Train/Keep For The Purpose Of Training A Combat Animal Mandatory $500.00 KNMC3.10.060(c)(3)Permit Premises Be Used For Exhibition Animal Fighting/Present As A Spectator Mandatory $500.00 KNMC3.10.060(d)(1)Accident Involving Injury To Animal: Driver To Stop And Inform Owner/Animal Cont Mandatory $500.00 KNMC3.10.060(d)(2)Accident Involving Injury Animal: Inform Time, Location Of Accident, Description Mandatory $500.00 KNMC3.10.060(e)(1)No Person May Use A Trap Within The City Limits That Can Kill/Mangle An Animal Mandatory $500.00 KNMC3.10.060(f)(1)Allow Any Animal To Molest Or Harass Wild Or Domesticated Animals Mandatory $500.00 KNMC3.10.080 Dog Owners Required To Immediately Dispose Of Dogs Solid Waste Optional $50.00 KNMC3.15.010 License Required Mandatory $500.00 KNMC3.20.010 Failure To License Dog Optional $25.00 KENAI OFFENSES IN UNIFORM MINOR OFFENSE TABLE (UMOT) INSTRUCTIONS The following offenses are currently listed in the court's Uniform Minor Offense Table. To update this list, contact the city attorney or city official authorized to notify the Alaska Court System's Administrative Office of all needed updates to the table by using the 'Request to Update UMOT' form (TR-550): https://public.courts.alaska.gov/web/forms/docs/TR-550.pdf 99 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: January 31, 2019 SUBJECT: Ordinance No. 3052-2019 – Amending Title 3-Animal Control Including the Definition of “Vicious Animal” and Mandatory Court Appearance Requirements ____________________________________________________________________________ Ordinance 3052-2019 makes three changes to the City’s Animal Control code and corresponding changes to KMC 13.10.015 – Minor Offense Fine Schedule and the City’s Uniform Minor Offense Table necessary to effectuate the changes. 1. The first change amends the definition of “vicious animal” in KMC 3.05.010. This change is for clarification purposes, ensuring that an animal is defined as vicious if it has done an unreasonable harmful act in a hostile manner, or has twice been found as dangerous by a court. (A dangerous animal is defined as an animal which due to improper or inadequate supervision or control has done a harmful act regardless of whether the act was done in a playful or hostile manner.) Whether an animal is defined as “vicious” is significant when it comes to future control and confinement of the animal, penalties for failure to confine and control the animal, and for impounding and adoption procedures. 2. The second change, to KMC 3.05.070- Citation procedures, adds a new provision that animal owners that have been cited for an animal control violation three times in a 12 month period must have an arraignment, that is go before a judge as opposed to just paying a fine. The intent of this is to impart on animal owners a more serious message to try and gain compliance with the assistance of a judge. 3. The third change adds a new offense to KMC 3.10.020, which requires responsible control and confinement of animals. Currently, it is an offense not to have an animal in the City under restraint. Essentially if an owner lets their dog run loose in the City the owner can be cited, generally after several warnings, for failure to restrain their animal. This carries a citation amount of $50. Additionally if an animal is vicious or dangerous by definition, 100 Page 2 of 2 Ordinance 3052-2019 and is loose, a citation can be imposed of up to $500. However, situations occur when an animal has not yet been found to be vicious or dangerous, but is not responsibly restrained and causes injury to another person or animal. Due to the seriousness of the consequences, Animal Control would like to be able to issue a citation that is more serious than the $50 citation, but because the owner may not have had prior warning that their animal would cause harm is less than the $500 maximum citation. For this reason a new citable offense for failure to reasonably restrain or control an animal that causes harm to another person or animal for $100 is proposed to be added. Your Consideration is appreciated. 101 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: January 29, 2019 SUBJECT: Action/ Approval – Agreement for Temporary use of Facilities at the Fire Training Facility to the American National Red Cross The American Red Cross, a non-profit organization, has requested the temporary use of City- owned office space on the upper level of the Fire Training Facility as outlined in the attached proposal for a period of approximately three years. The Fire Training Facility has a number of vacant office spaces which have been utilized in the past by non-profit organizations such as the United W ay and the Arctic Winter Games under one- dollar-per-year Special Use Permits which included language that the permits could be cancelled at the sole discretion of the City of Kenai with 30 days notice. Approval of this action will allow administration to enter into the attached agreement with the American Red Cross for a period less than the five-year maximum allowed by City Code. The City Attorney has reviewed the Agreement and approved it as to form. Your consideration is appreciated. 102 January 21, 2019 Paul Ostrander City Manager 210 Fidalgo Avenue Kenai, Alaska 99611 Re: City of Kenai – 2019 Proposal for Office Space Usage Applicant: Red Cross of Alaska Tax ID: 53-0196605 Incorporation Date: 05/21/1881 Type: Health/Human Services Address: 235 E. 8th Avenue, Suite 200, Anchorage AK 99501 Primary Contact: Melanie Leydon Position: Regional Philanthropy Officer Contact Info: 907.646.5415, melanie.leydon@redcross.org Statement of Organization: Mission: The American Red Cross prevents and alleviates human suffering in the face of emergencies by mobilizing the power of volunteers and the generosity of donors. Organizational History: The Civil War’s “Angel of the Battlefield,” Clara Barton, founded the American Red Cross in 1881, and the organization made its first foray into Alaska, which was then a territory, in 1917. The American Red Cross has been operating in Alaska for over 100 years! Which was when the Red Cross Delano Nursing Corps became the first public health nurses to work in the state, providing itinerant health services to the Unites States’ most remote possession. The American Red Cross was ratified at the Geneva Convention in 1882. A federal mandate was issued in 1917 for the Red Cross to respond to disasters. Alaska’s Red Cross volunteers responded to the devastating flu epidemic of 1918-1919 and the Good Friday earthquake of 1964, among other disasters. In 1964, Gov. William A. Egan designated the American Red Cross as the official relief agency to provide emergency assistance to Alaskans affected by disasters. Since 1917, the Red Cross has been responding to disasters and providing our life-saving mission ever since. On July 1, 2003 the four existing Red Cross chapters operating in the state merged into a single, unified Red Cross chapter, forming the American Red Cross of Alaska. The result of our merger is a leaner, more streamlined organization with a stronger emphasis on providing essential Red Cross services and programs that reach Alaskans living in the most remote corners of our state. The American Red Cross of Alaska has offices in the following locations: Anchorage, Fairbanks, Juneau, Kodiak, Wasilla, JBER, Ft. Wainwright, Fort Greely, and Eielson Air Force Base. Program and Beneficiaries: The American Red Cross have five main programs that fall under our mission, four of which are actively supported here in Alaska. They are: 1) Disaster Response, 2) Services to the Armed Forces, 3) Preparedness, Health & Safety Services and 4) International Services. 103 Disaster Relief: In responding to 308 disasters last fiscal year, the Red Cross of Alaska provided food, shelter and comfort to individuals and families in need, as well as casework, guidance and other assistance to help survivors with recovery. All Red Cross disaster assistance is free. In Alaska, with our deep local presence and community knowledge, we stand ready to respond alongside our partners should the need arise. Additionally, we can call on the support of Red Cross chapters nationwide for resources to help our neighbors in need following large-scale disasters. In FY18, we responded to 308 disasters in 42 communities statewide, assisted 892 people following local disasters and facilitated 102 Alaska volunteer deployments to major disasters across the nation include Hurricanes Harvey, Maria and Matthew. Services to the Armed Forces: The Red Cross Hero Care Network provides support to members of the military and their families pre-deployment, during deployment and when they return home through emergency communication services, financial assistance programs, re-integration and veteran services. In FY18, we briefed 11, 894 individuals through our ‘Get to Know Us’ program, provided 3, 211 emergency services to military members, veterans and families; served 1,161 military members, veterans and families through emergency and critical community cases; and taught 157 people to reconnect or work through the demands of military life through our Resiliency Workshops. Preparedness, Health & Safety Services: The American Red Cross teaches and empowers nearly 5.9 million people annually with lifesaving health, safety and preparedness skills through training courses such as first aid, CPR, AED, water safety and babysitter’s training as well as emergency and first aid information from mobile app downloads. In FY18, we enrolled 19,260 people in First Aid/CPR/AED classes and taught 536 people preparedness skills through our preparedness education program. Volunteer Service: Committed and compassionate volunteers across the state are the heart and soul of the Red Cross of Alaska. Whether helping one displaced family or thousands, providing care and comfort to an ill or injured service member or veteran, or teaching others how to respond in emergencies, it’s through the efforts of ordinary people that we can do extraordinary things. In FY18, we logged 33,869 volunteer hours from 772 volunteers across all lines of service throughout Alaska statewide. Planned Use of Resources: The Red Cross of Alaska would like to partner with the City of Kenai, to obtain the office space, and any leftover furniture, electronics, etc. that the United Way of Kenai office leaves behind to be utilized to fulfill the Red Cross mission directly in the greater Kenai area. The dedicated office space will improve the Red Cross of Alaska’s ability to ensure that all people on the Kenai Peninsula affected by disaster receive care, shelter, and hope. This office will benefit the Red Cross of Alaska on the Kenai Peninsula by a providing, safe, secure, consistent workspace to be able to allow us to: • General Office Work: This includes meeting with partner agencies and members of the public, and coordinating disaster readiness activities, disaster preparedness training, and volunteer engagement activities. Currently there is no physical address for the public to visit or seek information about their local Red Cross programs. 104 • Disaster Client Casework: Provide a safe, confidential, space for assisting individuals and families displaced by home fires or other emergencies. Currently volunteers must meet with clients at coffee shops, libraries or other public places for initial interviews and disaster recovery counseling. • Inventory: A place to store and track essential shared supplies for day-to-day volunteer needs, such as emergency hygiene kits, disaster response forms and guides, disaster preparedness educational supplies, computers, printers, etc. Most supplies are currently stored at volunteers’ homes or in a storage unit where it’s more difficult to access. • Program Growth: A dedicated workspace will bring a sense of pride and ownership to the volunteer team, encouraging volunteer retention and the development of more experienced leadership. Very qualified people have joined the Red Cross of Alaska on the Kenai Peninsula and deployed to all the large national disasters since 2017. Retaining volunteer leadership means that we will always be ready to serve the community in any emergency. Additional Information: Office use will be primarily 9am – 5pm, Monday through Friday. However, there will occasionally be a need for after- hours access for emergency responses. This will include use during the weekend. In FY18, the Red Cross of Alaska installed 2,309 free smoke alarms within high-risk communities statewide, which helped us make 707 homes safer through smoke alarm installs, educational visits and creating preparedness plans with vulnerable families. We taught 1,722 students coping skills to deal with emergency situations and disasters that could affect Alaska through our Pillowcase project. Lastly, through our efforts with our Home Fire Campaign, we have saved over 453 lives nationwide as a result. We respond to an emergency every 8 minutes nationally, and to at least one home fire each day in the Alaska region. No one else does this: not the government, not other charities. From small house fires to multi-state natural disasters, the American Red Cross goes wherever we’re needed, so people can have clean water, safe shelter and hot meals when they need them most. An average of 91 cents of every dollar spent invested in humanitarian services and programs. We would not be able to do this without our wonderful volunteers and the generosity of our donors. Thank you for considering the Red Cross of Alaska as a potential partner with the City of Kenai, to allow us to have a home-base in the Kenai area, to better serve the Kenai community and our constituents. With Gratitude, Melanie K. Leydon Regional Philanthropy Officer American Red Cross of Alaska 907.646.5415 Melanie.leydon@redcross.org 105 STANDARD FORM OF SPACE LICENSE AGREEMENT FOR THE TEMPORARY USE OF FACILITIES (CUBICLE OR ROOM) TERMS AND CONDITIONS Effective Date: The date upon which this Agreement is effective, which will be the later of the dates of the signatures of Licensor and Licensee on this Form. Owner of the Facility (the “Licensor”): The City of Kenai Legal Name of the User of the Room (the “Licensee”): The American National Red Cross, a nonprofit corporation, a Federally chartered instrumentality of the United States, and a body corporate and politic under the laws of the United States (36 U.S.C. §§ 300101-300111 (1998)). Date Upon which the Licensee May Begin to Use the Room (the “Start Date”): 12/1/2018 Date Upon Which the Licensee Must Vacate the Room (the “Expiration Date”): 11/30/2021 Building Owner and Licensor’s Business Address: 450 Marathon Rd, Kenai, AK 99611 Room User and Licensee’s Business Address: 9450 SW Gemini Dr., #75048, Beaverton, OR 97008-7105 106 2 Street Address Building of the Building Where the Room is Located: 450 Marathon Rd, Kenai, AK 99611 Permitted Use(s) of Licensed Room (check those applicable): General Office Training and/or Testing Storage Description of Licensed Room: (See Exhibit “A”) Access to Office Space, Classroom Space and parking. This Temporary Space License Agreement (the “Agreement”) is dated and intended to be effective as of the Effective Date set forth above, and made by and between the Licensor and the Licensee named above. Under the Agreement, the Licensee is permitted to use and occupy, on a temporary basis, the space described above (the “Room”) in the Building at the Location set forth above (the “Building”). 1. Grant of License. Licensor grants Licensee the right to use the Room for the Permitted Use(s) described above. This license includes reasonable ingress and egress to and from the Room through the Building’s common areas. Licensee shall not have the right to use any other space in the Building (such as library, conference rooms, break room, coffee room) or any equipment belonging to Licensor unless the Licensor gives written permission to do so. This Agreement is not a lease and Licensee is granted no leasehold interest in the Room. 2. Term. Licensee’s right to use the Premises shall begin on the Start Date and shall end on the Expiration Date. On or before the Expiration Date, Licensee shall vacate the Room. Licensee shall repair all damage caused by Licensee’s occupancy, at Licensee’s sole cost and expense. 3. License Fee. Licensee shall pay, as a license fee, the amount of $1 per month . 4. Licensee’s Conduct. Licensee agrees to keep the Room good condition and promptly repair all damage to the Premises or the Building caused by Licensee’s negligence, and not to disrupt, adversely affect or interfere with other occupants of the Building. 107 3 5. Condition of Premises and Building. Licensor makes no warranty or representation about the Room or the Building. Licensee accepts the same “AS IS.” Licensor is under no obligation to prepare or repair the Room or the Building for Licensee. 6. Indemnification. Licensee shall defend, hold harmless, and indemnify Licensor against any legal liability, including reasonable attorney fees, in respect to bodily injury, death, and property damage arising from the willful negligence of the said Licensee during its use of the Room. 7. Insurance. Licensee shall carry the following insurance coverage: A. Commercial General Liability with an occurrence limit of at least one-million dollars ($1,000,000) and an aggregate limit of at least two-million dollars ($2,000,000); B. Commercial Automobile Liability with a combined single limit of at least one- million dollars ($1,000,000); C. Workers Compensation coverage with statutory limits for the jurisdiction in which the premises are located and Employers’ Liability with limits of at lease one million dollars ($1,000,000.00) per accident, one million dollars ($1,000,000.00) disease – each employee and one million dollars ($1,000,000.00) disease – policy limit. 8. Licensor’s Right to Revoke License. Upon 30 days prior written notice to Licensee, Licensor may revoke the license represented by this Agreement. 9. No Assignment. Licensee shall not, and shall not have any right to, assign or transfer, or sublicense this Agreement. Licensor shall have no obligation to consider or approve any such transfer, regardless of the circumstances. 10. Casualty or Condemnation Affecting Premises. Notwithstanding anything in this Agreement to the contrary, in the event that damage or casualty to all or a part of the Room, this License shall terminate and Licensee shall have no right to restoration of the Room or to receive any compensation whatsoever. 11. Notice. Notice shall be deemed to have been duly given three (3) business days after having been mailed by certified or registered mail, return receipt requested, to the party’s address set forth at the beginning of the Agreement, or upon receipt if delivered by hand or recognized overnight delivery service. Either 108 4 party may change its address for the purpose of notice hereunder by providing the other party with notice of the new address. 12. Governing Law and Binding Effect. This Agreement shall be governed by and construed under the laws of the state in which the Building is located. This Agreement shall be binding on the parties and their respective, successors, transferees and assigns. 13. Brokers/Consultants. Licensor and Licensee each represent to the other that there is no broker in this transaction. Each party shall indemnify the other against the claims of any broker. 14. Authority. Each party represents and warrants that it has the full power and authority to execute, deliver and perform under this Agreement. AMERICAN NATIONAL RED CROSS AND “LICENSEE:” By: ______________________________ (Signature) Name: Phillip E. Olsberg Title: Director, Real Estate Services Date: BUILDING OWNER AND “LICENSOR:” By: ______________________________ (Signature) Name: Paul Ostrander Title: City Manager Date: 109 110 KENAI COUNCIL ON AGING REGULAR MEETING JANUARY 10, 2019 – 4:30 P.M. KENAI SENIOR CENTER CHAIR ROY WILLIAMS, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Williams called the meeting to order at 4:30 p.m. a. Pledge of Allegiance Chair Williams led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Members Present: Chair R. Williams, Vice Chair D. Erwin, V. Geller, A. Weeks, C. Thornton, S. Bise, M. Milewski, B. Modigh Members Absent: L. Nelson Staff/Council Liaison Present: Senior Center Director K. Romain, Administrative Assistant A. Clary, City Clerk J. Heinz, Council Member J. Glendening A quorum was present. c. Administer Oaths of Office An Oath of Office was administered to new Council Member Sandra Bise, and to Council Members Margaret Milewski and Al Weeks for their re-appointment to the Council on Aging. d. Election of the Chair and Vice-Chair MOTION: Councilor Erwin MOVED to re-appoint Councilor Williams as Chair and Council Member Weeks SECONDED the motion. There were no objections; SO ORDERED. MOTION: Councilor Geller MOVED to appoint Councilor Erwin as Vice-Chair and Council Member Milewski SECONDED the motion. There were no objections; SO ORDERED. e. Agenda Approval MOTION: 111 Council on Aging Meeting Page 2 of 3 January 10, 2019 Councilor Geller MOVED for approval of the agenda and Councilor Weeks SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. December 13, 2018 MOTION: Councilor Thornton MOVED to approve the December 13, 2018 meeting summary and Councilor Gellar SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS a. Discussion – Review of Ideas for Senior Assistance Discussion took place with the following additions to the previously stated ideas for senior assistance: • More publicity; • Activities: Additional volunteering needs; and • Retirees have additional time for involvement. 6. NEW BUSINESS a. Council Training City Clerk Heinz provided a handbook to Council Members and reviewed the Procedures for Commissions, Committees and Council on Aging. She further provided a cursory review of parliamentary procedures including motions, voting, and Open Meetings Act requirements. 7. REPORTS a. Senior Center Director – Romain reported the following: • She provided suggestions for more visibility for the Senior Center (i.e. information at the Kenai Airport and the Visitors Center); • She was preparing grant proposals for new carpeting and vinyl in the dining room; and • It was the beginning of the budget process at the City and she was preparing the Senior Center budgets for review and inclusion in the City of Kenai FY2019/2020 budget. b. Council on Aging Chair – No report. c. City Council Liaison – Council Member Glendening reported on the actions of December 19 Council meeting. He further discussed a 2017 Corps of Engineers 112 Council on Aging Meeting Page 3 of 3 January 10, 2019 presentation of bluff erosion alternatives and noted the Kenai City Council had chosen Alternative No. 5. 8. NEXT MEETING ATTENDANCE NOTIFICATION – February 14, 2019 There were no notifications of expected absences for the February meeting. 9. COUNCIL MEMBERS COMMENTS AND QUESTIONS – None. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATIONAL ITEMS – None. 12. ADJOURNMENT There being no further business, the Council on Aging meeting adjourned at 6:00 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn LaPlante Deputy City Clerk 113 KENAI AIRPORT COMMISSION REGULAR MEETING JANUARY 10, 2019 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: G. Feeken, J. Bielefeld, P. Minelga, K. Dodge, J. Zirul, D. Pitts Staff/Council Liaison Present: Airport Manager M. Bondurant, Administrative Assistant E. Brincefield, Council Member J. Glendening A quorum was present. c. Elections of Chair and Vice-Chair MOTION: Commissioner Minelga MOVED to re-appoint Commissioner Feeken as Chair; Commissioner Pitts SECONDED the motion. There were no objections; SO ORDERED. Commissioner Minelga nominated Commissioner Bielefeld as Vice-Chair but he declined noting his future on the Commission was unknown. MOTION: Commissioner Minelga MOVED to appoint Commissioner Dodge as Vice-Chair; Commissioner Pitts SECONDED the motion. There were no objections; SO ORDERED. d. Agenda Approval MOTION: Commissioner Dodge MOVED to amend the agenda by removing Item 6(a) – Special Use Permit to Alaska Challenger Center and approve the agenda as amended; Commissioner Bielefeld SECONDED the motion. There were no objections; SO ORDERED. 114 ____________________________________________________________________________________ Airport Commission Meeting Page 2 of 3 January 10, 2019 2. SCHEDULED PUBLIC COMMENT – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. December 13, 2018 MOTION: Commissioner Dodge MOVED to approve the meeting summary of December 13, 2018 and Commissioner Minelga SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Action/Approval – Special Use Permit to Alaska Challenger Center [Clerk’s Note: This item was removed from the agenda during approval of the agenda.] b. Action/Approval – First Amendment to Agreement for Guardian Security Systems MOTION: Commissioner Bielefeld MOVED to recommend Council approve the First Amendment to the Agreement with Guardian Security Systems, Inc. and Commissioner Minelga SECONDED the motion. There were no objections; SO ORDERED. 7. REPORTS a. Airport Manager – Bondurant reported on the following: • That all contract towers would remain open during the government shutdown; • The Terminal Rehabilitation Project temporary sheetrock was up and the Administrative Assistant would be moving to the south end of the terminal; • The budget was due by February 15, 2019; • The Airport Emergency Program was sent to the Federal Aviation Administration (FAA) for review and approval; • She gave a presentation at Kenai Central High School on January 9 to students interested in aviation; and • She was working on the application to add fleet cards as an accepted method of payment at the floatplane basin. b. City Council Liaison – Glendening reported on the December 19 City Council meeting actions. 8. NEXT MEETING ATTENDANCE NOTIFICATION – February 14, 2019 115 ____________________________________________________________________________________ Airport Commission Meeting Page 3 of 3 January 10, 2019 9. COMMISSIONER COMMENTS AND QUESTIONS Chair Feeken expressed how she thought the Terminal Rehabilitation project had gone smooth so far. Commissioner Zirul pointed out that people were asking questions about what was going on in the Kenai Airport Terminal when he was there on January 9. He recommended putting up information on the temporary walls throughout the terminal. Commissioner Bielefeld noted he saw a piece of snow equipment in Anchorage specifically designed for plowing/cleaning around runway lights and wondered if Kenai could get one. Commissioner Minelga suggested looking into a lift for users at the floatplane basin and storage for floats. He expressed interest in having a facility. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS a. December 2018 Mid-Month Report b. November 2018 Enplanements 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 6:40 p.m. Meeting summary prepared and submitted by: ___________________________________ Jacquelyn LaPlante Deputy City Clerk 116 KENAI PARKS & RECREATION COMMISSION JANUARY 3, 2019 – 6:00 PM KENAI CITY COUNCIL CHAMBERS VICE-CHAIR NOEL WIDMAYER, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Vice-Chair Widmayer called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Vice-Chair Widmayer led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners present: Vice-Chair Widmayer, T. Wisniewski, J. Joanis, S. Kisena, J. Dennis, F. Perez Commissioners absent: Chair C. Stephens Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Joanis MOVED to approve the agenda as presented; Commissioner Kisena SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. November 1, 2018 MOTION: Commissioner Joanis MOVED to approve the revised meeting summary of November 1, 2018 and Commissioner Dennis SECONDED the motion. There were no objections; SO ORDERED. b. December 6, 2018 117 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 2 of 3 January 3, 2019 MOTION: Commissioner Joanis MOVED to approve the meeting summary of December 6, 2018 and Commissioner Dennis SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion – 2019 - 2020 Goals and Objectives The Parks and Recreation Director noted the 2019 - 2020 Goals and Objectives were reviewed and it was requested that any goals and objectives needing added should be brought forward and discussed. Some of the highlighted pointed out by the Director included: • Strong health and safety commitment; • Implementation of an annual calendar; • Continuance of trail construction; • Support of bicycle infrastructure; and • Continue enhancing City’s urban forestry. The Director stated a concern for resurgence of Spruce Bark Beetle and noted some areas already affected, including areas around the golf course. The Director noted he wanted his office to implement better tracking of trees removed on the golf course. A Commissioner noted interest in legal cutting and harvesting of trees on certain properties, in addition to offering assistance with future tree planting projects. It was recommended to publicize a list of projects that the Parks and Recreation needed volunteer assistance. 7. REPORTS a. Parks and Recreation Director – Frates reported on the following: • The Daubenspeck Park was getting close for maintenance and opening for skating; • Grooming at the Kenai Nordic Trails was ongoing; and • Skate with Santa and Holiday Night Lights were a success and staff was pleased with the attendance for both events. b. Commission Chair – No report. c. City Council Liaison – H. Knackstedt reported on the action items of the December 19 City Council meeting and additionally noted the following: • There was an introduction at the City Council meeting of the new Human Resources Director, Stormy Brown; • A presentation was provided by representatives of Biking in Kenai & Soldotna (BIK&S); and • He provided an update on the Airport Terminal upgrades. 118 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 3 of 3 January 3, 2019 Council Member Knackstedt further praised the Parks and Recreation staff for the Community Skate with Santa success. 8. NEXT MEETING ATTENDANCE NOTIFICATION – February 7, 2019 9. COMMISSION QUESTIONS & COMMENTS Commissioner Joanis thanked the Department for grooming the ski trails. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION a. Bicycle Friendly Community – Kenai, AK The City Planner noted the City of Kenai Bicycle Friendly Community Bronze level status and steps needed to achieve Silver status. She further noted that the list included items that crossover between the Parks and Recreation Department and Planning Department functions. b. MPF Ice Schedule (December) 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 6:45 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn LaPlante Deputy City Clerk 119 KENAI BEAUTIFICATION COMMITTEE REGULAR MEETING JANUARY 8, 2019 – 6:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR LISA GABRIEL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Gabriel called the meeting to order at 6:08 p.m. a. Pledge of Allegiance Chair Gabriel led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Committee Members present: Chair L. Gabriel, Vice Chair S. Peterson, K. Reed, B. Madrid, T. Wilson, M. Rhyner Committee Members absent: T. Canady Staff/Council Liaison present: Parks and Recreation Director B. Frates, Council Member J. Glendening A quorum was present. c. Elections of Chair and Vice Chair MOTION: Commissioner Peterson MOVED to re-appoint Committee Member Gabriel as Chair; Committee Member Reed SECONDED the motion. There were no objections; SO ORDERED. MOTION: Committee Member Madrid MOVED to appoint Committee Member Reed as Vice-Chair; Committee Member Wilson SECONDED the motion. There were no objections; SO ORDERED. d. Agenda Approval MOTION: Committee Member Peterson MOVED to approve the agenda; and Committee Member Madrid SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 120 ___________________________________________________________________________________ Beautification Committee Meeting Page 2 of 3 January 8, 2019 4. APPROVAL OF MEETING SUMMARY a. October 9, 2018 MOTION: Committee Member Peterson MOVED to approve the October 9, 2018 meeting summary and Committee Member Rhyner SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion – 2019-2020 Goals and Objectives The Parks and Recreation Director introduced the draft goals and objectives, and reviewed some additional changes. Ideas or recommendations were requested to be brought forward for discussion. It was noted that the event park design drawings were brought forward since it was important to the Parks and Recreation Commission. The Director called attention to the need to continue building the urban forestry and that the Spruce Bark Beetle infestation was making a comeback, including on the golf course. A Committee Member inquired about the trees at the Kenai Golf Course and noted the importance considering many golf courses were open without much tree coverage. It was suggested that the blue tarp at the Multi-Use Facility be replaced and a better alternative was inquired about. The Parks and Recreation Director noted that this fall there was a shrink- wrap business that was interested in volunteering their service. The potential future landscaping needs at the Kenai Visitors and Cultural Center was briefly discussed for inclusion in the goal and objectives. b. Discussion – Capital Improvement Projects (CIP) The Parks and Recreation Director stated that the Commission reviewed and modified the CIP list at a previous meeting and noted that any new ideas should be discussed for consideration to be included. A Committee Member noted that the benches for the Blue Star Memorial were not in place from a few years ago, suggesting it be made a priority. It was noted that a hydro-seeder and electrical upgrades at Leif Hansen Park were previously identified as potential projects. The timeframe for establishing a projects list was questioned and it was suggested that items be emailed to the Director if it was not too late. 7. REPORTS a. Parks & Recreation Director – B. Frates reported the following: • There were two successful activities over the Holiday Season, Skate with Santa and Holiday Lights; and • The Department was working on a yearly wall calendar that highlighted department projects, achievements, community events, etc. 121 ___________________________________________________________________________________ Beautification Committee Meeting Page 3 of 3 January 8, 2019 b. Committee Chair – L. Gabriel noted the decorations through the town were great and thanked the Department for contributions this winter and over the holidays. c. City Council Liaison – J. Glendening reviewed the action agenda of the December 19 Council Meeting and provided a brief update on the sign status for the Wildflower Garden, specifically noting it would be further considered during budget time. 8. NEXT MEETING ATTENDANCE NOTIFICATION – April 9, 2019 9. COMMITTEE MEMBER QUESTIONS AND COMMENTS Committee Member Wilson inquired about the no trespassing signs mounted to the fence at the Sports Complex. Director Frates thought the signs had been relocated off the fence and he would inquire further. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION – None. 12. ADJOURNMENT There being no further business before the Committee, the meeting was adjourned at 7:27 p.m. Meeting summary prepared and submitted by: ___________________________________ Jacquelyn LaPlante Deputy City Clerk 122 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: January 22, 2019 SUBJECT: Quarterly Financial Report Attached is a relatively easily produced quarterly financial report for the General Fund, Personal Use Fishery Fund, Airport Fund, Water/Sewer Fund, and Senior Fund as of December 31, 2018. 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 November. The fourth calendar quarter 2018 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 January or early February. State and Federal revenues are below budget in all funds because of PERS aid. The State doesn’t actually give us any money. Instead they make an ‘on-behalf’ payment to the pension system. Similarly we have not booked expenditures for the PERS the State is covering, so the Non-Departmental department is way under budget. At year-end we will record revenue and expenditures for these items. 123 Quarterly General Fund Expenditure Report For Quarter Ended December 31, 2018 Original * FY2018 FY2019 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 1,024,939$ 1,024,939$ -$ (1,024,939)$ 0.00% Taxes 10,722,698 10,980,713 10,980,713 6,549,709 (4,431,004) 59.65% Licenses/Permits and Ambulance 580,156 528,000 528,000 251,157 (276,843) 47.57% State/Federal 740,441 885,464 928,460 418,670 (509,790) 45.09% Dock/Multipurpose/Miscellaneous 152,902 119,500 119,500 81,644 (37,856) 68.32% Fines and Forfeitures 67,347 93,000 93,000 45,438 (47,562) 48.86% Interest and Miscellaneous 316,871 531,741 531,741 360,090 (171,651) 67.72% Transfers/Central Admin Fees 2,103,951 2,020,420 2,020,420 885,593 (1,134,827) 43.83% Total Revenues 14,684,366 16,183,777 16,226,773 8,592,301 (7,634,472) 52.95% EXPENDITURES & TRANSFERS General Government 01 City Clerk 247,305$ 311,005$ 311,005$ 145,923$ 165,082$ 53.08% 11 Legislative 158,693 174,150 174,150 95,271 78,879 45.29% 12 Legal 297,294 359,998 359,998 163,103 196,895 54.69% 13 City Manager 327,461 352,446 352,446 169,525 182,921 51.90% 14 Human Resources - 169,809 169,809 27,113 142,696 84.03% 15 Finance 635,325 709,531 709,531 336,717 372,814 52.54% 16 Land Administration 1,333 24,337 24,337 4,978 19,359 79.55% 18 Non-Departmental 478,599 903,077 903,077 398,572 504,505 55.87% 19 Planning and Zoning 198,156 226,876 226,876 102,912 123,964 54.64% 20 Safety 3,760 19,150 19,150 230 18,920 98.80% Total General Government 2,347,926 3,250,379 3,250,379 1,444,344 1,806,035 55.56% Public Safety 21 Police 2,852,647 3,107,201 3,107,201 1,506,542 1,600,659 51.51% 22 Fire 3,052,652 3,171,122 3,171,122 1,444,669 1,726,453 54.44% 23 Communications 788,262 858,551 858,551 387,960 470,591 54.81% 29 Animal Control 381,856 422,192 422,192 211,893 210,299 49.81% Total Public Safety 7,075,417 7,559,066 7,559,066 3,551,064 4,008,002 53.02% Public Works 31 Public Works Administration 196,415 185,811 185,811 70,343 115,468 62.14% 32 Shop 617,384 669,652 669,652 258,367 411,285 61.42% 33 Streets 961,944 1,077,437 1,077,437 332,764 744,673 69.12% 34 Buildings 320,542 386,950 386,950 159,403 227,547 58.81% 35 Street Lighting 173,925 172,819 176,396 73,841 102,555 58.14% 60 Dock 52,665 74,783 71,206 11,682 59,524 83.59% Total Public Works 2,322,875 2,567,452 2,567,452 906,400 1,661,052 64.70% Parks and Recreation & Culture 03 Visitor Center 179,048 180,251 180,251 86,483 93,768 52.02% 40 Library 893,001 892,033 899,033 377,422 521,611 58.02% #Parks, Recreation & Beautification 1,009,708 1,112,167 1,148,163 504,048 644,115 56.10% Total Parks and Recreation & Culture 2,081,757 2,184,451 2,227,447 967,953 1,259,494 56.54% Total Operating Expenditures 13,827,975 15,561,348 15,604,344 6,869,761 8,734,583 55.98% Transfer to other funds Street Improvement Capital Project Fund 75,172 200,000 200,000 200,000 - 0.00% Senior Center Impr. Capital Projects - 45,670 45,670 - 45,670 100.00% Kenai Recreation Center Capital Project Fund - 27,500 27,500 27,500 - 0.00% New City Shop Capital Project Fund 35,000 - - - - - Public Safety Building Capital Proj. Fund 120,000 35,000 35,000 35,000 - Kenai Animal Shelter Capital Proj. Fund 35,000 - - - - Cemetery Improvements Capital Proj. Fund 250,000 - - - - Senior Citizen Special Revenue Fund 176,739 170,857 170,857 85,428 85,429 50.00% Debt Service 142,002 143,402 143,402 24,173 119,229 83.14% Total Transfer to other funds 833,913 622,429 622,429 372,101 250,328 40.22% Total Expenditures & Transfers 14,661,888 16,183,777 16,226,773 7,241,862 8,984,911 55.37% Net Revenues over(under) Expenditures 22,478$ -$ -$ 1,350,439$ 1,350,439$ *Note: The original budget includes outstanding encumbrances at 6/30/2018. 124 Quarterly Personal Use Fishery Fund Expenditure Report For Quarter Ended December 31, 2018 Original * FY2018 FY2019 Amended YTD Actual Budget Budget Actual Variance % REVENUES Beach Parking 174,614$ 175,000$ 175,000$ 118,307$ (56,693)$ -32.40% Beach Camping 210,269 225,000 225,000 129,939 (95,061) -42.25% Dock Launch & Park 111,528 115,000 115,000 91,608 (23,392) -20.34% Dock Parking Only 12,009 15,000 15,000 9,547 (5,453) -36.35% Participant Drop-off Fee 7,481 8,000 8,000 5,943 (2,057) -25.71% Interest Earnings 1,522 750 750 - (750) -100.00% PERS Grant 1,546 4,169 4,169 - (4,169) -100.00% Credit Card Fees 674 (1,500) (1,500) (3,100) (1,600) 106.67% Total Revenue 519,643 541,419 541,419 352,244 (189,175) -34.94% EXPENDITURES Public Safety 114,542$ 96,686$ 96,686$ 86,431$ 10,255$ 10.61% Streets 32,938 61,066 61,066 39,322 21,744 35.61% Boating Facility 56,380 72,137 72,137 41,900 30,237 41.92% Parks, Recreation & Beautification 225,445 328,712 328,712 252,445 76,267 23.20% Total Expenditures 429,305 558,601 558,601 420,098 138,503 24.79% Net Revenues over Expenditures 90,338$ (17,182)$ (17,182)$ (67,854)$ (50,672)$ *Note: The original budget includes outstanding encumbrances at 6/30/2018. 125 Quarterly Airport Fund Expenditure Report For Quarter Ended December 31, 2018 Original * FY2018 FY2019 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ -$ 1,594,590$ -$ (1,594,590)$ 0.00% State/Federal 21,891 36,385 36,385 - (36,385) 0.00% Interest , Leases & Fees 797,425 716,745 716,745 503,654 (213,091) 70.27% Terminal Revenues 701,429 748,025 748,025 375,001 (373,024) 50.13% Landing Fees 401,556 432,500 432,500 203,439 (229,061) 47.04% Transfers In 1,210,348 1,230,025 1,230,025 - (1,230,025) 0.00% Total Revenues 3,132,649 3,163,680 4,758,270 1,082,094 (3,676,176) 22.74% EXPENDITURES & TRANSFERS Terminal Area 578,328$ 630,109$ 630,109$ 240,471$ 389,638$ 61.84% Airfield 1,631,810 1,731,779 1,757,779 829,640 928,139 52.80% Administration 287,537 596,199 358,478 140,126 218,352 60.91% Other Buildings & Areas 199,008 (68,278) 169,443 67,236 102,207 60.32% Training Facility 36,125 38,474 38,474 2,015 36,459 94.76% Total Expenditures 2,732,808 2,928,283 2,954,283 1,279,488 1,674,795 56.69% Transfer to other funds Airport Improvement Capital Projects 397,157 233,221 1,803,987 1,570,721 233,266 0.00% Total Transfer to other funds 397,157 233,221 1,803,987 1,570,721 233,266 12.93% Total Expenditures & Transfers 3,129,965 3,161,504 4,758,270 2,850,209 1,908,061 40.10% Net Revenues over Expenditures 2,684$ 2,176$ -$ (1,768,115)$ (1,768,115)$ *Note: The original budget includes outstanding encumbrances at 6/30/2018. 126 Quarterly Water Sewer Fund Expenditure Report For Quarter Ended December 31, 2018 Original * FY2018 FY2019 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ -$ -$ -$ -$ 0.00% State/Federal 17,347 33,668 33,668 - (33,668) 0.00% Water/Sewer Fees 2,796,242 2,863,453 2,863,453 1,455,363 (1,408,090) 50.83% Penalty and Interest 36,959 43,250 43,250 23,145 (20,105) 53.51% Interest and Miscellaneous 36,550 19,000 19,000 2,275 (16,725) 11.97% Total Revenues 2,887,098 2,959,371 2,959,371 1,480,783 (1,478,588) 50.04% EXPENDITURES & TRANSFERS Water 841,231$ 967,771$ 967,771$ 465,370$ 502,401$ 51.91% Sewer 310,002 499,384 499,384 179,547 319,837 64.05% Wastewater Treatment Plant 1,116,312 1,208,057 1,208,057 519,674 688,383 56.98% Total Expenditures 2,267,545 2,675,212 2,675,212 1,164,591 1,510,621 56.47% Transfer to other funds - Water & Sewer Capital Projects 146,193 - - - - - Total Transfer to other funds 146,193 - - - - - Total Expenditures & Transfers 2,413,738 2,675,212 2,675,212 1,164,591 1,510,621 56.47% Net Revenues over Expenditures 473,360$ 284,159$ 284,159$ 316,192$ 32,033$ *Note: The original budget includes outstanding encumbrances at 6/30/2018. 127 Quarterly Senior Fund Expenditure Report For Quarter Ended December 31, 2018 Original * FY2018 FY2019 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance -$ 24,354$ 24,354$ -$ (24,354)$ 0.00% State Grants 198,577 203,626 203,626 95,424 (108,202) 46.86% USDA Grant 18,958 15,000 15,000 - (15,000) 0.00% Choice Waiver 195,012 200,000 200,000 61,535 (138,465) 30.77% KPB Grant 126,207 126,207 126,207 126,207 - 100.00% United Way 9,598 15,000 15,000 822 (14,178) 5.48% Rents & Leases 8,324 13,000 13,000 3,585 (9,415) 27.58% Miscellaneous Donations 40,797 25,000 28,500 100 (28,400) 0.35% Donations - Senior Connection 50,000 50,000 50,000 - (50,000) 0.00% Meal Donations 82,836 82,500 82,500 30,809 (51,691) 37.34% Ride Donations 6,870 7,000 7,000 2,309 (4,691) 32.99% Transfer from General Fund - Operations 176,739 170,857 170,857 85,429 (85,428) 50.00% Transfer from General Fund - Capital - 45,670 45,670 - (45,670) 0.00% Other (40) 300 300 9 (291) 3.00% Total Revenues 913,878 978,514 982,014 406,229 (575,785) 41.37% EXPENDITURES & TRANSFERS Senior Citizen Access 157,065$ 157,364$ 157,364$ 66,133$ 91,231$ 57.97% Congregate Meals 220,661 285,370 287,995 101,616 186,379 64.72% Home Meals 205,563 209,875 210,750 87,343 123,407 58.56% Senior Transportation 80,086 81,234 81,234 40,173 41,061 50.55% Choice Waiver 250,503 244,671 244,671 112,687 131,984 53.94% Total Expenditures 913,878 978,514 982,014 407,952 574,062 58.46% Transfer to other funds - - - - - - - Total Transfer to other funds - - - - - - Total Expenditures & Transfers 913,878 978,514 982,014 407,952 574,062 58.46% Net Revenues over Expenditures -$ -$ -$ (1,723)$ (1,723)$ *Note: The original budget includes outstanding encumbrances at 6/30/2017. 128 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: January 22, 2019 SUBJECT: December 2018 Quarterly Investment Report City of Kenai Investment Portfolio At December 31, 2018 the City had investments with a market value of $24,304,851 that is up from $22,219,299 at September 30, 2018. The City’s portfolio is yielding 2.14% that is up from 1.89% at September 30, 2018. The Federal Reserve raised the Federal Funds Rate in December for the fourth time in calendar year 2018. These rate hikes, while pushing the portfolio’s yield higher, negatively impact the portfolio’s overall value. There is an inverse relationship between bond values and interest rates meaning when interest rates increase, bond values decrease. Fair market value adjustments to the portfolio through December 31, 2018 are a negative $256,387. 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 $ 3,473,215 AML Investment Pool 2,037,909 Wells Fargo Money Market 2,723,259 FDIC Insured Certificates of Deposit 14,782,036 Bank Balance 1,288,432 Total $ 24,304,851 Permanent Fund Investments Fourth quarter 2018 saw a sell-off, some would even say a market correction, in the equity markets and another Federal Funds Rate change. Short term interest rate increases are projected to increase more in 2019 depending upon the performance of the nation’s economy. Equities drug-down the portfolio to a return of (4.50%) for calendar year 2018. Returns for the fourth quarter of 2018 were (6.92%). Since inception the portfolio has returned 7.40%. As of December 31, 2018 the portfolio value was $26,497,437, comprised of $23,429,628 (88.42%) Airport Land Sale Permanent Fund, $2,930,478 (11.06%) General Land Sale Permanent Fund monies, and $137,330 (0.52%) Kenai Community Foundation holdings. 129 Page 2 of 2 December 31, 2018 Quarterly Investment Report With the Airport Land Sale Permanent Fund’s year ending balance of $23,429,628, the allowable transfer to airport operations for FY2019 would be $1,203,690. The FY2019 budgeted amount was $1,230,025 meaning the actual would be $26,335 less than budgeted. The administration is working with the City’s investment advisors on potential code amendments that may impact this amount if implemented in FY19. Once the code revision process is completed the allowable transfer will be calculated and executed. The General Land Sale Permanent Fund’s year ending balance of $2,930,478 is a decrease of $300,735 from the December 31, 2017 balance. The allowable transfer to the General Fund for operations is limited to the lesser of 5% of the funds year ending balance, $146,524 or the years actual earning ($139,174), the transfer to the General Fund for operations in FY2019 would be $0. The FY2019 budgeted amount for this transfer was $162,999. The administration is working with the City’s investment advisors on potential code amendments that may impact this amount if implemented in FY19. Once the code revision process is completed the allowable transfer will be calculated and executed. 130 CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY December 31, 2018 Fair Market Current Value Yield Cash & Cash Equivalents Wells Fargo Checking 1,288,432$ 0.00% Wells Fargo Secured Money Market 2,723,259 2.39% FDIC Insured Certificates of Deposit 14,782,036 2.33% Alaska Municipal League Investment Pool 2,037,909 2.30% Total Cash & Cash Equivalents 20,831,636 2.19% Average Yield Government Securities Maturities Less than 1 Year 998,040 2.43% Maturities 1 to 2 Years 985,880 1.70% Maturities Greater than 2 Years 1,489,295 1.54% Total Government Securities 3,473,215 1.84% Total Portfolio 24,304,851$ 2.14% Investment Portfolio - Purchase Price 20,394,240$ Investment Portfolio - Fair Value 06/30/18 20,134,606 Fair Value Adjustment - 06/30/18 (259,634) Fair Value Adjustment thru - 12/31/18 3,247 Cummulative Change in Fair Value (256,387)$ December 31, 2018 $0 $4,000,000 $8,000,000 $12,000,000 $16,000,000 Liquidity 20% Minimum Maturity 1 - 2 years Maturity over 2 years 30% Maximum Portfolio Liquidity Policy Minimum/Maximum Actual 131 CITY OF KENAI Investments 12-31-18 COK CITY OF KENAI INVESTMENTS 12/31/2018 Current year cost or Unrealized Expected Call 06/30/18 12/31/18 Gain Accrued EFFECT. SECURITY or Maturity CUSIP original cost Market Value Market Value or Loss Interest RATE FHLMC 1.70 8/24/20 1 TIME 5/24/18 w/ 5 days 3134GBMD1 1,000,000 978,760.00 985,880.00 7,120.00 5,997.22 1.700 FNMA 1.375 3/30/21 9/30/2016 Quarterly w/10 days. Step 3/17 1.50, 3/18 1.75, 3/19 2.0, 3/20 3.25 3136G3DV4 500,000 485,080.00 490,260.00 5,180.00 1,737.85 1.750 FNMA 1.50 5/25/21 11/25/2016 Quarterly w/10 days.3136G3MW2 502,479 481,300.00 485,885.00 4,585.00 750.00 1.500 TVA 3.875 2/15/21 Bullet 880591EL2 555,678 514,815.00 513,150.00 (1,665.00) 7,319.44 1.370 US Treasury 1.625 3/31/19 Bullet 912828C65 1,000,451 1,000,451.07 998,040.00 (2,411.07) 4,151.79 2.430 TOTAL 3,558,607.95 3,460,406.07 3,473,215.00 12,808.93 19,956.30 1.750 FDIC Insured CD's CD - 12/31/10 33681 06062R5M0 245,000 245,000.00 244,877.50 (122.50) 1,040.41 2.500 33648 06279KRF5 245,000 245,000.00 244,875.05 (124.95) 962.21 2.350 3.10 BANK MIDWEST CD 9/15/23 5170 063615BM9 245,000 245,000.00 240,303.35 (4,696.65) 2,205.67 3.100 1.60 BPRN 10/28/19 58513 064520AH2 245,000 242,040.40 242,895.45 855.05 53.70 1.600 2.30 BACR 10/18/22 57203 06740KLD7 245,000 236,385.80 235,452.35 (933.45) 1,157.88 2.300 2.85 BAY ST. SVGS BK 4/6/20 90311 072623AK7 245,000 245,000.00 245,110.25 110.25 497.38 2.850 1.65 BHLB 10/28/19 23621 084601KU6 245,000 242,199.65 243,003.25 803.60 742.05 1.650 2.30 CAMDEN NATION BANK 4/30/19 4255 133033DY3 245,000 245,000.00 244,835.85 (164.15) 957.18 2.300 2.4 COF 4/19/22 33954 1404202E9 247,000 240,825.00 240,229.73 (595.27) 1,201.84 2.400 2.4 COF 8/30/22 4297 14042RHS3 245,000 237,809.25 236,870.90 (938.35) 1,949.26 2.400 1.65 CATY 10/28/19 18503 149159LK9 245,000 242,199.65 242,995.90 796.25 55.38 1.650 2.60 CENBKK 6/18/20 35450 156444BG5 245,000 245,000.00 244,012.65 (987.35) 244.33 2.600 3.15 CFBANK 9/18/23 28263 15721UCQ0 245,000 245,000.00 240,800.70 (4,199.30) 296.01 3.150 3.30 C 9/7/23 7213 17312QS34 245,000 245,000.00 242,464.25 (2,535.75) 2,569.48 3.300 1.70 ADS 8/28/19 57570 20033AWB8 245,000 242,885.65 243,566.75 681.10 45.64 1.700 1.65 CWBKNA 12/30/19 57176 20084TJW4 247,000 243,549.41 244,384.27 834.86 22.33 1.650 2.75 DISCOVER BANK 9/21/20 5649 254673TS5 245,000 245,000.00 244,105.75 (894.25) 1,919.73 2.750 2.55 CMS 1/18/22 57293 29278TAK6 245,000 240,724.75 240,224.95 (499.80) 273.86 2.550 2.55 FRMRBT 3/19/20 1291 309162AE5 245,000 245,000.00 244,272.35 (727.65) 222.51 2.550 2.85 FIBIND 6/30/20 34607 32056GDE7 245,000 245,000.00 244,848.10 (151.90) 19.13 2.850 1.60 FRME 12/30/19 4365 32082BEL9 247,000 243,369.10 244,263.24 894.14 21.65 1.600 2.30 FINN 02/21/20 5452 332135HH8 245,000 243,576.55 243,696.60 120.05 169.82 2.300 2.70 FRC 7/7/20 59017 33616CBR0 245,000 245,000.00 244,279.70 (720.30) 2,102.30 2.700 1.50 FSBDQN 6/28/19 21805 336460CC2 247,000 244,858.51 245,715.60 857.09 20.30 1.500 3.10 SRCE 10/21/22 9087 33646CKJ2 245,000 245,000.00 242,363.80 (2,636.20) 2,122.44 3.100 2.65 First St Bk Bigfork 10991 33651EAD4 245,000 245,000.00 244,853.00 (147.00) 213.45 2.650 2.80 FIRST WESTN TR BK 57607 337504AE4 245,000 245,000.00 244,911.80 (88.20) 206.74 2.800 2.35 GS 8/30/22 33124 38148PNS2 245,000 237,333.95 236,451.95 (882.00) 1,908.65 2.350 2.30 HSBC 7/14/22 57890 40434YLE5 245,000 237,341.30 236,589.15 (752.15) 2,639.96 2.300 2.55 HAFC 10/21/19 24170 410493DS6 245,000 245,000.00 244,821.15 (178.85) 188.28 2.550 2.60 IBKC 3/23/20 28100 45083AKP6 245,000 245,000.00 244,402.20 (597.80) 1,780.11 2.600 1.65 ILBKIL 10/31/19 33708 45906ABU0 245,000 242,177.60 242,968.95 791.35 11.08 1.650 19977 465076MS3 245,000 245,000.00 244,747.65 (252.35) - 2.350 2.30 KENNEB 08/24/20 17897 489265AZ1 245,000 242,243.75 242,476.50 232.75 2,037.86 2.300 1.65 KEY 10/25/19 17534 49306SZA7 245,000 242,226.60 243,030.20 803.60 753.12 1.650 2.25 MBFI 2/14/20 3628 55266CYJ9 245,030 243,432.00 243,601.05 169.05 271.85 2.250 1.70 MSBKGR 10/24/19 5766 56062HAD1 245,000 242,395.65 243,130.65 735.00 91.29 1.700 8056 588493JS6 245,000 245,000.00 244,835.85 (164.15) 957.18 2.300 57777 58958PFB5 245,000 245,000.00 244,737.85 (262.15) 1,014.90 2.400 1.70 MERICK 8/30/19 34519 59013JA25 245,000 242,868.50 243,547.15 678.65 22.82 1.700 2.65 Metabank Sioux Falls SD 30776 59101LFD4 245,000 245,000.00 244,936.30 (63.70) 818.23 2.650 2.60 MS 2/15/22 32992 61747MK83 245,000 240,996.70 240,364.60 (632.10) 2,425.84 2.600 1.75 MS 9/30/19 34221 61760ADR7 245,000 242,981.20 243,618.20 637.00 1,480.07 1.700 2.05 NTLNYC 8/30/22 18734 634116CM7 245,000 234,438.05 233,859.85 (578.20) 27.52 2.050 2.75 NEWBUF 1/17/20 31257 643056BG8 245,000 245,000.00 245,022.05 22.05 276.88 2.750 2.15 NRTHFL 10/25/22 28710 66612ABX5 245,000 234,842.30 234,060.75 (781.55) 981.34 2.150 2.80 ORIENTAL BANK 9/14/20 31469 68621KCC3 245,000 245,000.00 244,340.95 (659.05) 2,086.19 2.800 2.10 SMARTB 11/27/19 58463 83172HDR8 245,000 243,436.90 243,711.30 274.40 56.38 2.100 1.75 SOWNAT 5/8/20 4801 845182BA1 245,000 240,563.05 241,440.15 877.10 281.92 1.750 2.75 SBIIN 02/16/23 33682 856285HZ7 245,000 239,877.05 238,287.00 (1,590.05) 2,547.33 2.750 2.35 SYF 10/20/22 27314 87164WTC2 245,000 236,856.20 235,861.50 (994.70) 1,151.50 2.350 2.15 EVER 10/28/22 34775 87270LAV5 245,000 234,785.95 233,999.50 (786.45) 909.18 2.150 2.05 THFDSL 10/27/21 30012 88413QBT4 245,000 237,356.00 237,549.55 193.55 908.18 2.050 1.60 TWNBNK 10/28/19 18487 89210PBL6 245,000 242,040.40 242,895.45 855.05 53.70 1.600 3.00 TOWN 9/27/21 35095 89214PCA5 245,000 245,000.00 243,902.40 (1,097.60) 1,953.29 3.000 2.80 UBS 9/14/20 57565 90348JDQ0 245,000 245,000.00 244,343.40 (656.60) 338.30 2.800 17266 90421MCL5 245,000 245,000.00 244,806.45 (193.55) 1,019.60 2.450 3.25 VYSTAR CREDIT UNION 12/11/20 68490 92891CCB6 245,000 245,000.00 245,962.85 962.85 21.82 3.250 1.70 WEX 10/18/19 34697 92937CGA0 245,000 242,449.55 243,189.45 739.90 855.82 1.700 2.00 WFC 10/27/22 3511 94986T2N6 245,000 240,016.70 239,470.35 (546.35) 886.03 2.000 2.50 ZION 8/14/19 2270 98970L3N1 245,000 245,000.00 244,860.35 (139.65) 805.48 2.500 TOTAL FDIC Insured CD's 14,953,030.21 14,801,083.12 14,782,035.79 (19,047.33) 52,854.38 2.330 WELLS MONEY MKT 2,723,259.39 2,723,259.39 2,723,259.39 - 3,452.21 2.390 AML POOL - City ACCT Agreed to Amlip 2,037,909.41 2,037,909.41 2,037,909.41 - 4,285.56 2.300 Agreed to GL 23,272,806.96 23,022,657.99 23,016,419.59 (6,238.40) 80,548.45 WF Cash Agreed to WF 1,288,432.49 1,288,432.49 1,288,432.49 - - 0.000 TOTAL 24,561,239.45 24,311,090.48 24,304,852.08 (6,238.40) 80,548.45 MONTHS (256,387.37) TOTAL CURRENT YIELD 2.1407% Max/Min Return Actual Difference Maturity over 2 years 30% Maximum 7,291,455.62 2.2866%6,018,402 1,273,053.99 OK Liquidity 20% Minimum 4,860,970.42 1.9678%13,393,744 (8,532,773.69) OK Maturity 1 - 2 years 2.4347%4,892,706 2.1407%24,304,852 - 2.50 BOBIN 7/31/19 2.35 BOIIN 5/1/19 2.35 IDBNY 6/26/19 2.30 MERCHANTS BNK OF INDIANA 4/30/19 2.40 MERBKB 7/30/19 2.45 UMPQ 7/31/19 132 CITY OF KENAI PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY December 31, 2018 Current or Current Average Portfolio Target Portfolio 31-Dec-17 31-Mar-18 30-Jun-18 30-Sep-18 31-Dec-18 Yield Weight Weight Maximum Fixed Income Cash & Cash Equivalents 1,800,796 2,100,230 1,403,998 90,388 1,661,032 1.61%6.25% Total Cash & Cash Equivalents 1,800,796 2,100,230 1,403,998 90,388 1,661,032 Government & Corporate Securities Government Securities 4,868,584 4,902,429 5,372,788 7,514,414 5,874,888 2.66%22.17% Corporate Securities 5,851,724 5,661,962 5,577,526 5,166,325 5,153,955 3.43%19.45% Total Government & Corporate Securities 10,720,308 10,564,391 10,950,314 12,680,739 11,028,843 2.98%41.62% Total Fixed Income 12,521,104 12,664,621 12,354,312 12,771,127 12,689,875 2.94%47.87%45.00%65.00% Equities Domestic Equities Standard & Poor's 500 Index 5,813,002 5,529,449 5,579,731 5,702,415 5,007,131 18.90%20.00%25.00% Standard & Poor's 600 Small-Cap Index 1,795,434 1,459,340 1,412,562 1,402,625 1,170,059 4.42%5.00%10.00% Standard & Poor's 400 Mid-Cap Index 3,264,216 2,879,200 2,802,375 2,819,740 2,416,173 9.12%10.00%15.00% Total Domestic Equities 10,872,652 9,867,989 9,794,668 9,924,780 8,593,363 32.44%35.00%50.00% International Equities Europe Pacific ETF 3,192,147 3,335,175 2,957,795 2,893,212 2,577,221 9.73%10.00%15.00% Vanguard Emerging Market ETF 1,462,330 1,940,340 1,588,428 1,451,135 1,321,379 4.99%5.00%10.00% Total International Equities 4,654,477 5,275,515 4,546,223 4,344,347 3,898,600 14.72%15.00%25.00% Real Estate Vanguard REIT ETF 1,078,740 1,056,580 1,140,300 1,410,465 1,315,599 4.97%5.00%10.00% Total Real Estate 1,078,740 1,056,580 1,140,300 1,410,465 1,315,599 4.97%5.00%10.00% Total Equities 16,605,869 16,200,084 15,481,191 15,679,592 13,807,562 Total Portfolio 29,126,973 28,864,705 27,835,503 28,450,719 26,497,437 -4.50%100.00%100.00%150.00% Total ALSPF Balance 25,751,998 25,520,119 24,612,777 25,156,764 23,429,629 Total GLSPF Balance 3,231,125 3,202,031 3,078,461 3,146,501 2,930,478 Total Kenai Community Foundation 143,850 142,554 144,265 147,454 137,330 Fair Market Value 0.00% 25.00% 50.00% 75.00% Fixed Income Standard & Poor's500 Index Standard & Poor's600 Small-Cap Index Standard & Poor's400 Mid-Cap Index Europe Pacific ETF VanguardEmerging Market ETF Vanguard REIT ETF Portfolio Composition Current Portfolio Weight Target Portfolio Weight Maximum Portfolio Weight Current Month Current Quarter Year to Date Last 1 Year Inception to Date Portfolio -4.10%-6.92%-4.50%-4.50%7.40% Benchmark -4.02%-6.79%-4.04%-4.04%7.51% -5.00% 0.00% 5.00% 10.00% 15.00%Portfolio Performance 133 $15,000,000 $17,000,000 $19,000,000 $21,000,000 $23,000,000 $25,000,000 $27,000,000 Total ALSPF Balance Transfer of $1,195,313 to Airport Operations. Transfer of $1,147,714 to Airport Operations. Transfer of $1,184,356 to Airport Operations. Transfer of $1,210,348 to Airport Operations. $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 Total GLSPF Balance Transfer of $1,158,473 to Airport Operations. Transfer of $154,172 to General Fund Operations. Transfer of $153,493 to General Fund Operations. $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 Total Kenai Community Foundation Balance $50,000 investment. $5,000 investment. Initial investment of $66,143. Transfer of $149,802 to General Fund Operations. Transfer of $161,561 to General Fund Operations. 134 Clients are encouraged to compare this report with the official statement from their custodian.INVESTMENT PERFORMANCECurrentMonthCurrentQuarterYear toDateLatest 1YearInception toDatePortfolio-4.10 -6.92 -4.50 -4.50 7.40Benchmark-4.02 -6.79 -4.04 -4.04 7.51-8.00-6.00-4.00-2.000.002.004.006.008.0010.00Percent Total Return (Gross)Performance is Annualized for Periods Greater than One YearCurrent Account Benchmark:Equity BlendPORTFOLIO COMPOSITIONFixed Income48%US Lg Cap19%US Md Cap9%US Sm Cap4%Int'l10%Emer Mkts5%Real Estate5%MANAGEMENT TEAMClient Relationship Manager: Amber Frizzell, AIF®Amber@apcm.netYour Portfolio Manager: Bill Lierman, CFA®Contact Phone Number: 907/272 -7575ACCOUNT ACTIVITYPortfolio Value on 11-30-18 27,631,096Contributions 0Withdrawals -355Change in Market Value -1,282,785Interest 28,283Dividends 121,198Portfolio Value on 12-31-18 26,497,437CITY OF KENAI PERMANENT FUNDSAccount Statement - Period Ending December 31, 2018135 Alaska Permanent Capital Management Co. PORTFOLIO SUMMARY AND TARGET CITY OF KENAI PERMANENT FUNDS December 31, 2018 % Asset Class & Target Market Value Assets Range FIXED INCOME (45%) US Fixed Income (40.0%) 11,028,843 41.6 35% to 65% Cash (5.0%) 1,685,578 6.4 0% to 10% Subtotal: 12,714,421 48.0 EQUITY (50%) US Large Cap (20.0%) 5,007,131 18.9 15% to 25% US Mid Cap (10.0%) 2,416,173 9.1 5% to 15% US Small Cap (5.0%) 1,145,513 4.3 0% to 10% Developed International Equity (10.0%) 2,577,221 9.7 5% to 15% Emerging Markets (5.0%) 1,321,379 5.0 0% to 10% Subtotal: 12,467,417 47.1 ALTERNATIVE INVESTMENTS (5%) Real Estate (5.0%) 1,315,599 5.0 0% to 10% Subtotal: 1,315,599 5.0 TOTAL PORTFOLIO 26,497,437 100 136 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSDecember 31, 2018YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest MaturityFNMA & FHLMC22,124 FHLMC POOL G14203 104.56 23,134 102.58 22,696 0.09 885 74 1.434.000% Due 04-01-26Accrued Interest74 0.0023,134 22,770 0.09 74CASH AND EQUIVALENTSCASH RECEIVABLE 2,873 2,873 0.01 NADIVIDEND ACCRUAL 24,546 24,546 0.09WF ADV GOVT MM FD-INSTL #1751 1,658,159 1,658,159 6.261,685,578 1,685,578 6.36CORPORATE BONDS200,000 TOYOTA MOTOR CREDIT CORP100.48 200,958 99.95 199,906 0.75 4,200 1,913 2.942.100% Due 01-17-19200,000 MICROSOFT CORP 117.24 234,472100.63 201,268 0.76 8,400 700 2.634.200% Due 06-01-19200,000 TORONTO-DOMINION BANK 101.89 203,782 99.59 199,180 0.75 4,500 1,200 2.812.250% Due 09-25-19200,000 HSBC USA INC 99.61 199,21699.36 198,726 0.75 4,750 633 3.112.375% Due 11-13-19250,000 CAPITAL ONE 99.94 249,850 98.73 246,830 0.93 5,875 2,464 3.552.350% Due 01-31-20200,000 ENTERPRISE PRODUCTS OPER112.75 225,494 103.08 206,152 0.78 10,400 3,467 3.285.200% Due 09-01-20250,000 PNC BANK NA 99.72 249,30098.77 246,935 0.93 6,125 953 3.132.450% Due 11-05-20200,000 NBC UNIVERSAL MEDIA LLC 109.20 218,408 102.50 204,996 0.77 8,750 2,187 3.214.375% Due 04-01-21200,000 AMERICAN EXPRESS CREDIT 99.92 199,850 97.86 195,714 0.74 4,500 700 3.202.250% Due 05-05-21200,000 MORGAN STANLEY 114.98 229,964104.80 209,598 0.79 11,000 4,675 3.535.500% Due 07-28-21200,000 GILEAD SCIENCES INC 96.28192,564 96.33 192,662 0.733,900 1,300 3.171.950% Due 03-01-22200,000 BANK AMER CORP 99.34 198,68698.49 196,972 0.74 6,600 3,117 3.713.300% Due 01-11-23200,000 AVALONBAY COMMUNITIES 100.82 201,632 97.78 195,556 0.74 5,700 1,678 3.422.850% Due 03-15-23150,000 DISCOVERY COMMUNICATIONS 98.88148,320 96.65 144,981 0.554,875 1,219 4.113.250% Due 04-01-23150,000 NEWELL BRANDS INC 106.01 159,02298.53 147,802 0.56 5,775 1,444 4.233.850% Due 04-01-231137 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSDecember 31, 2018YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity200,000 AFLAC INC 104.97 209,950 100.33 200,664 0.76 7,250 322 3.543.625% Due 06-15-23200,000 BANK OF NEW YORK MELLON 97.83195,666 94.95 189,908 0.724,400 1,650 3.392.200% Due 08-16-23200,000 JPMORGAN CHASE & CO 105.18 210,362 100.26 200,512 0.76 7,750 3,229 3.823.875% Due 02-01-24200,000 METLIFE INC 105.46 210,930 100.69 201,378 0.76 7,200 1,620 3.453.600% Due 04-10-24175,000 PRUDENTIAL FINANCIAL INC 103.15180,505 100.55 175,961 0.66 6,125 783 3.383.500% Due 05-15-24200,000 WELLS FARGO & COMPANY 99.88199,764 96.73 193,468 0.736,600 2,053 3.943.300% Due 09-09-24150,000 KIMCO REALTY CORP 94.92 142,377 95.31 142,968 0.54 4,950 2,062 4.183.300% Due 02-01-25150,000 REYNOLDS AMERICAN INC108.47 162,700 96.42 144,6360.55 6,675 352 5.104.450% Due 06-12-25200,000 APPLIED MATERIALS INC 107.96 215,912 100.63 201,262 0.76 7,800 1,950 3.793.900% Due 10-01-25150,000 CITIGROUP INC 101.65 152,47096.15 144,219 0.54 5,550 2,605 4.343.700% Due 01-12-26150,000 ANHEUSER-BUSCH INBEV FIN 103.01 154,519 94.26 141,394 0.53 5,475 2,281 4.613.650% Due 02-01-26200,000 LOWE'S COS INC 100.05 200,098 91.37 182,748 0.69 6,200 999 4.343.100% Due 05-03-27Accrued Interest47,558 0.185,346,773 5,153,955 19.45 47,558DOMESTIC LARGE CAP EQUITY FUNDS/ETF18,425 FLEXSHARES QUAL DIV ETF 40.76 750,937 39.81 733,499 2.77 NA17,100 SPDR S&P 500 ETF 138.79 2,373,292 249.92 4,273,632 16.13 NA3,124,230 5,007,131 18.90DOMESTIC MID CAP EQUITY FUNDS/ETF14,550 ISHARES CORE S&P MIDCAP 400 ETF 70.94 1,032,204 166.06 2,416,173 9.12 NADOMESTIC SMALL CAP EQUITY FUNDS/ETF16,525 ISHARES S&P SMALLCAP 600 INDEX ETF 32.40 535,335 69.32 1,145,513 4.32 NAINTERNATIONAL EQUITY FUNDS/ETF23,400 ISHARES ETF CORE MSCI EAFE 51.54 1,206,150 55.00 1,287,000 4.86 NA21,950 ISHARES MSCI EAFE INDEX FUND CLOSED-END FU 61.68 1,353,874 58.78 1,290,221 4.87 NA2,560,024 2,577,221 9.732138 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSDecember 31, 2018YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest MaturityEMERGING MARKET FUNDS/ETF28,025 ISHARES ETF CORE MSCI EMERGING MKTS 42.08 1,179,249 47.15 1,321,379 4.99 NAREAL ESTATE18,275 JPMORGAN BETABUILDERS MSCI US REIT ETF 76.55 1,399,035 71.99 1,315,599 4.97 NAU.S. TREASURY 100,000 US TREASURY NOTES 99.64 99,641 98.87 98,871 0.37 1,250 214 2.631.250% Due 10-31-19110,000 US TREASURY NOTES 99.53 109,480 98.81 108,690 0.41 1,512 71 2.641.375% Due 12-15-19125,000 US TREASURY NOTES 99.85 124,807 98.46 123,076 0.46 1,562 531 2.601.250% Due 02-29-20170,000 US TREASURY NOTES 100.04 170,060100.12 170,206 0.64 4,462 1,867 2.552.625% Due 07-31-20150,000 US TREASURY NOTES 100.06150,094 96.78 145,177 0.55 1,687 5 2.461.125% Due 06-30-21375,000 US TREASURY NOTES 99.34 372,510 99.17 371,895 1.40 7,969 22 2.472.125% Due 06-30-21750,000 US TREASURY NOTES 100.59 754,414 98.71 740,362 2.79 15,000 2,596 2.472.000% Due 10-31-21525,000 US TREASURY NOTES 101.31 531,879 98.63 517,823 1.95 10,500 58 2.482.000% Due 12-31-21425,000 US TREASURY NOTES 97.12 412,765 98.81 419,955 1.58 9,031 25 2.482.125% Due 06-30-22350,000 US TREASURY NOTES 99.72 349,016100.51 351,778 1.33 9,187 3,122 2.502.625% Due 02-28-23300,000 US TREASURY NOTES 98.24 294,727 99.97 299,907 1.13 7,500 2,833 2.512.500% Due 08-15-23500,000 US TREASURY NOTES 100.23 501,133 99.08 495,410 1.87 11,875 4,485 2.552.375% Due 08-15-24150,000 US TREASURY NOTES 99.71 149,561 101.01 151,512 0.57 4,125 11 2.582.750% Due 06-30-25105,000 US TREASURY NOTES 92.80 97,440 93.38 98,052 0.37 1,706 222 2.621.625% Due 05-15-26250,000 US TREASURY NOTES 95.26 238,145 95.46 238,642 0.90 5,000 649 2.642.000% Due 11-15-26190,000 US TREASURY NOTES 95.29 181,049 96.60 183,536 0.69 4,275 555 2.682.250% Due 11-15-27220,000 US TREASURY NOTES 98.74 217,225100.52 221,135 0.83 6,050 2,285 2.692.750% Due 02-15-28100,000 US TREASURY NOTES 100.59 100,586 103.73 103,727 0.39 3,125 406 2.693.125% Due 11-15-283139 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSDecember 31, 2018YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest MaturityAccrued Interest19,957 0.084,854,529 4,859,713 18.34 19,957AGENCIES250,000 FHLMC 99.73 249,325 98.37245,932 0.93 4,250 1,086 2.661.700% Due 09-29-20250,000 FEDERAL HOME LOAN BANK - STEP UP 99.85 249,625 98.09 245,2370.93 5,000 639 2.522.000% Due 11-14-22300,000 FEDERAL FARM CREDIT BANK 100.00300,000 98.62 295,863 1.128,550 1,591 3.092.850% Due 04-24-25200,000 FHLB 99.79 199,580 100.00200,002 0.75 7,250 2,054 3.623.625% Due 03-19-27Accrued Interest5,370 0.02998,530 992,405 3.75 5,370TOTAL PORTFOLIO 22,738,620 26,497,437 100 303,079 72,9594140 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 12-01-18 To 12-31-18Trade Settle TradeDate Date Security Quantity AmountDEPOSITS AND EXPENSESMANAGEMENT FEES12-31-18 12-31-18 MANAGEMENT FEES 3,874.793,874.79DividendDOMESTIC LARGE CAP EQUITY FUNDS/ETF12-21-18 12-28-18 FLEXSHARES QUAL DIV ETF6,434.7712-21-18 12-28-18 FLEXSHARES QUAL DIV ETF9,882.5212-21-18 01-31-19 SPDR S&P 500 ETF 24,545.8440,863.13DOMESTIC MID CAP EQUITY FUNDS/ETF12-17-18 12-21-18 ISHARES CORE S&P MIDCAP 400 ETF6,772.14DOMESTIC SMALL CAP EQUITY FUNDS/ETF12-17-18 12-21-18 ISHARES S&P SMALLCAP 600 INDEX ETF5,311.12EMERGING MARKET FUNDS/ETF12-18-18 12-24-18 ISHARES ETF CORE MSCI EMERGING MKTS24,062.91INTERNATIONAL EQUITY FUNDS/ETF12-18-18 12-24-18 ISHARES MSCI EAFE INDEX FUND CLOSED-END FU14,003.8812-18-18 12-24-18 ISHARES ETF CORE MSCI EAFE17,596.7331,600.611141 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 12-01-18 To 12-31-18Trade Settle TradeDate Date Security Quantity AmountREAL ESTATE12-24-18 12-28-18 JPMORGAN BETABUILDERS MSCI US REIT ETF11,499.9112-24-18 12-28-18 JPMORGAN BETABUILDERS MSCI US REIT ETF1,088.0912,588.00121,197.91InterestCASH AND EQUIVALENTS12-31-18 01-02-19 WF ADV GOVT MM FD-INSTL #17512,873.03CORPORATE BONDS12-01-18 12-01-18 MICROSOFT CORP 4,200.004.200% Due 06-01-1912-12-18 12-12-18 REYNOLDS AMERICAN INC3,337.504.450% Due 06-12-2512-15-18 12-15-18 AFLAC INC 3,625.003.625% Due 06-15-2311,162.50FNMA & FHLMC12-15-18 12-15-18 FHLMC POOL G14203 75.154.000% Due 04-01-26U.S. TREASURY 12-15-18 12-15-18 US TREASURY NOTES 756.251.375% Due 12-15-1912-31-18 12-31-18 US TREASURY NOTES 843.751.125% Due 06-30-212142 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 12-01-18 To 12-31-18Trade Settle TradeDate Date Security Quantity Amount12-31-18 12-31-18 US TREASURY NOTES 5,250.002.000% Due 12-31-2112-31-18 12-31-18 US TREASURY NOTES 3,984.382.125% Due 06-30-2112-31-18 12-31-18 US TREASURY NOTES 4,515.632.125% Due 06-30-2212-31-18 12-31-18 US TREASURY NOTES 2,062.502.750% Due 06-30-2517,412.5131,523.19PRINCIPAL PAYDOWNSFNMA & FHLMC12-15-18 12-17-18 FHLMC POOL G14203 420.40 420.404.000% Due 04-01-26420.40WithdrawCASH AND EQUIVALENTS12-03-18 12-03-18 CASH RECEIVABLE 2,552.7112-20-18 12-20-18 WF ADV GOVT MM FD-INSTL #1751355.102,907.812,907.813143 Alaska Permanent Capital Management Co.REALIZED GAINS AND LOSSESCITY OF KENAI PERMANENT FUNDSFrom 12-01-18 Through 12-31-18Avg. CostDate Quantity Security Basis Proceeds Gain Or Loss12-15-18 420.40 FHLMC POOL G14203 439.58 420.40 -19.184.000% Due 04-01-26TOTAL GAINS 0.00TOTAL LOSSES -19.18439.58 420.40 -19.18 144 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 12-01-18 To 12-31-18Trade Settle TranDate Date Code Activity Security AmountCASH RECEIVABLE12-01-18 Beginning Balance 2,552.7112-03-18 12-03-18 wd Transfer to WF ADV GOVT MM FD-INSTL #1751-2,552.7112-31-18 01-02-19 dp Interest WF ADV GOVT MM FD-INSTL #17512,873.0312-31-18 Ending Balance 2,873.03WF ADV GOVT MM FD-INSTL #175112-01-18 Beginning Balance 1,530,238.9012-01-18 12-01-18 dp Interest MICROSOFT CORP 4,200.004.200% Due 06-01-1912-03-18 12-03-18 dp Transfer from CASH RECEIVABLE 2,552.7112-12-18 12-12-18 dp Interest REYNOLDS AMERICAN INC 3,337.504.450% Due 06-12-2512-15-18 12-15-18 dp Interest AFLAC INC 3,625.003.625% Due 06-15-2312-15-18 12-15-18 dp Interest FHLMC POOL G14203 75.154.000% Due 04-01-2612-15-18 12-17-18 dp Paydown FHLMC POOL G14203 420.404.000% Due 04-01-2612-15-18 12-15-18 dp Interest US TREASURY NOTES 756.251.375% Due 12-15-1912-17-18 12-21-18 dp Dividend ISHARES CORE S&P MIDCAP 400 ETF6,772.1412-17-18 12-21-18 dp Dividend ISHARES S&P SMALLCAP 600 INDEX ETF5,311.1212-18-18 12-24-18 dp Dividend ISHARES MSCI EAFE INDEX FUND CLOSED-END FU14,003.881145 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 12-01-18 To 12-31-18Trade Settle TranDate Date Code Activity Security Amount12-18-18 12-24-18 dp Dividend ISHARES ETF CORE MSCI EAFE 17,596.7312-18-18 12-24-18 dp Dividend ISHARES ETF CORE MSCI EMERGING MKTS24,062.9112-20-18 12-20-18 wd Withdrawal from Portfolio -355.1012-21-18 12-28-18 dp Dividend FLEXSHARES QUAL DIV ETF 6,434.7712-21-18 12-28-18 dp Dividend FLEXSHARES QUAL DIV ETF 9,882.5212-24-18 12-28-18 dp Dividend JPMORGAN BETABUILDERS MSCI US REIT ETF11,499.9112-24-18 12-28-18 dp Dividend JPMORGAN BETABUILDERS MSCI US REIT ETF1,088.0912-31-18 12-31-18 dp Interest US TREASURY NOTES 843.751.125% Due 06-30-2112-31-18 12-31-18 dp Interest US TREASURY NOTES 5,250.002.000% Due 12-31-2112-31-18 12-31-18 dp Interest US TREASURY NOTES 3,984.382.125% Due 06-30-2112-31-18 12-31-18 dp Interest US TREASURY NOTES 4,515.632.125% Due 06-30-2212-31-18 12-31-18 dp Interest US TREASURY NOTES 2,062.502.750% Due 06-30-2512-31-18 Ending Balance 1,658,159.14DIVIDEND ACCRUAL12-01-18 Beginning Balance 0.0012-21-18 01-31-19 dp Dividend SPDR S&P 500 ETF 24,545.8412-31-18 Ending Balance 24,545.842146 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSDecember 31, 2018Security Unit Total Market Accrued AnnualCusip9 Original Face QuantitySecurity Symbol Cost Cost Price Value Interest IncomeFNMA & FHLMC3128MC3L7 256,397.0000 22,124.1500 FHLMC POOL G14203 3128MC3L7 104.5625013 23,133.56 102.58400 22,695.84 73.75 884.974.000% Due 04-01-26Accrued I73.7523,133.56 22,769.59 73.75 884.97CASH AND EQUIVALENTSCASH RECEIVABLE RECEIVABLE 2,873.03 2,873.03 0.00DIVIDEND ACCRUAL divacc 24,545.84 24,545.84 0.00VP4560000 WF ADV GOVT MM FD-INSTL #1751 WFAGM 1,658,159.14 1,658,159.14 0.001,685,578.01 1,685,578.01 0.00CORPORATE BONDS001055AL6 200,000.0000 200,000.0000 AFLAC INC 001055AL6 104.9750000 209,950.00 100.33200 200,664.00 322.22 7,250.003.625% Due 06-15-230258M0EB1 200,000.0000 200,000.0000 AMERICAN EXPRESS CREDIT 0258M0EB1 99.9250000 199,850.00 97.85700 195,714.00 700.00 4,500.002.250% Due 05-05-21035242AP1 150,000.0000 150,000.0000 ANHEUSER-BUSCH INBEV FIN 035242AP1 103.0130000 154,519.50 94.26300 141,394.50 2,281.25 5,475.003.650% Due 02-01-26038222AJ4 200,000.0000 200,000.0000 APPLIED MATERIALS INC 038222AJ4 107.9560000 215,912.00 100.63100 201,262.00 1,950.00 7,800.003.900% Due 10-01-2505348EAR0 200,000.0000 200,000.0000 AVALONBAY COMMUNITIES 05348EAR0 100.8160000 201,632.00 97.77800 195,556.00 1,678.33 5,700.002.850% Due 03-15-2306051GEU9 200,000.0000 200,000.0000 BANK AMER CORP 06051GEU9 99.3430000 198,686.00 98.48600 196,972.00 3,116.67 6,600.003.300% Due 01-11-2306406FAD5 200,000.0000 200,000.0000 BANK OF NEW YORK MELLON 06406FAD5 97.8330000 195,666.00 94.95400 189,908.00 1,650.00 4,400.002.200% Due 08-16-2314042RFH9 250,000.0000 250,000.0000 CAPITAL ONE 14042RFH9 99.9400000 249,850.00 98.73200 246,830.00 2,464.24 5,875.002.350% Due 01-31-20172967KG5 150,000.0000 150,000.0000 CITIGROUP INC 172967KG5 101.6470000 152,470.50 96.14600 144,219.00 2,605.42 5,550.003.700% Due 01-12-2625470DAH2 150,000.0000 150,000.0000 DISCOVERY COMMUNICATIONS25470DAH298.8800000 148,320.00 96.65400 144,981.00 1,218.75 4,875.003.250% Due 04-01-2329379VAP8 200,000.0000 200,000.0000 ENTERPRISE PRODUCTS OPER 29379VAP8 112.7470000 225,494.00 103.07600 206,152.00 3,466.67 10,400.005.200% Due 09-01-20375558BH5 200,000.0000 200,000.0000 GILEAD SCIENCES INC 375558BH5 96.2820000 192,564.00 96.33100 192,662.00 1,300.00 3,900.001.950% Due 03-01-2240428HPN6 200,000.0000 200,000.0000 HSBC USA INC 40428HPN6 99.6080000 199,216.00 99.36300 198,726.00 633.33 4,750.002.375% Due 11-13-1946625HJT8 200,000.0000 200,000.0000 JPMORGAN CHASE & CO 46625HJT8 105.1810000 210,362.00 100.25600 200,512.00 3,229.17 7,750.003.875% Due 02-01-2449446RAU3 150,000.0000 150,000.0000 KIMCO REALTY CORP 49446RAU3 94.9180000 142,377.00 95.31200 142,968.00 2,062.50 4,950.003.300% Due 02-01-25548661DP9 200,000.0000 200,000.0000 LOWE'S COS INC 548661DP9 100.0490000 200,098.00 91.37400 182,748.00 998.89 6,200.003.100% Due 05-03-2759156RBH0 200,000.0000 200,000.0000 METLIFE INC 59156RBH0 105.4650000 210,930.00 100.68900 201,378.00 1,620.00 7,200.003.600% Due 04-10-24594918AC8 200,000.0000 200,000.0000 MICROSOFT CORP 594918AC8 117.2360000 234,472.00 100.63400 201,268.00 700.00 8,400.004.200% Due 06-01-1961747WAL3 200,000.0000 200,000.0000 MORGAN STANLEY 61747WAL3 114.9820000 229,964.00 104.79900 209,598.00 4,675.00 11,000.005.500% Due 07-28-2163946BAE0 200,000.0000 200,000.0000 NBC UNIVERSAL MEDIA LLC 63946BAE0 109.2040000 218,408.00 102.49800 204,996.00 2,187.50 8,750.004.375% Due 04-01-211147 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSDecember 31, 2018Security Unit Total Market Accrued AnnualCusip9 Original Face QuantitySecurity Symbol Cost Cost Price Value Interest Income651229AV8 150,000.0000 150,000.0000 NEWELL BRANDS INC651229AV8 106.0150000 159,022.50 98.53500 147,802.50 1,443.75 5,775.003.850% Due 04-01-2369353REU8 250,000.0000 250,000.0000 PNC BANK NA 69353REU8 99.7200000 249,300.00 98.77400 246,935.00 952.78 6,125.002.450% Due 11-05-2074432QBZ7 175,000.0000 175,000.0000 PRUDENTIAL FINANCIAL INC 74432QBZ7 103.1460000 180,505.50 100.54900 175,960.75 782.64 6,125.003.500% Due 05-15-24761713BG0 150,000.0000 150,000.0000 REYNOLDS AMERICAN INC 761713BG0 108.4670000 162,700.50 96.42400 144,636.00 352.29 6,675.004.450% Due 06-12-2589236TBB0 200,000.0000 200,000.0000 TOYOTA MOTOR CREDIT CORP 89236TBB0 100.4790000 200,958.00 99.95300 199,906.00 1,913.33 4,200.002.100% Due 01-17-1994974BGA2 200,000.0000 200,000.0000 WELLS FARGO & COMPANY 94974BGA2 99.8820000 199,764.00 96.73400 193,468.00 2,053.33 6,600.003.300% Due 09-09-24C8888LBA7 200,000.0000 200,000.0000 TORONTO-DOMINION BANK C8888LBA7 101.8910000 203,782.00 99.59000 199,180.00 1,200.00 4,500.002.250% Due 09-25-19Accrued I47,558.065,346,773.50 5,153,954.81 47,558.06 171,325.00DOMESTIC LARGE CAP EQUITY FUNDS/ETF33939L860 18,425.0000 18,425.0000 FLEXSHARES QUAL DIV ETF QDF 40.7564396 750,937.40 39.81000 733,499.25 0.0078462F103 17,100.0000 17,100.0000 SPDR S&P 500 ETF SPY 138.7890238 2,373,292.31 249.92000 4,273,632.00 0.003,124,229.71 5,007,131.25 0.00DOMESTIC MID CAP EQUITY FUNDS/ETF464287507 14,550.0000 14,550.0000 ISHARES CORE S&P MIDCAP 400 ETF IJH 70.9418280 1,032,203.60 166.06000 2,416,173.00 0.00DOMESTIC SMALL CAP EQUITY FUNDS/ETF464287804 16,525.0000 16,525.0000 ISHARES S&P SMALLCAP 600 INDEX ETF IJR 32.3954489 535,334.79 69.32000 1,145,513.00 0.00INTERNATIONAL EQUITY FUNDS/ETF464287465 21,950.0000 21,950.0000 ISHARES MSCI EAFE INDEX FUND CLOSED-END FU EFA 61.6799002 1,353,873.81 58.78000 1,290,221.00 0.0046432F842 23,400.0000 23,400.0000 ISHARES ETF CORE MSCI EAFE IEFA 51.5448766 1,206,150.11 55.00000 1,287,000.00 0.002,560,023.92 2,577,221.00 0.00EMERGING MARKET FUNDS/ETF46434G103 28,025.0000 28,025.0000 ISHARES ETF CORE MSCI EMERGING MKTS IEMG 42.0784500 1,179,248.56 47.15000 1,321,378.75 0.00REAL ESTATE46641Q738 18,275.0000 18,275.0000 JPMORGAN BETABUILDERS MSCI US REIT ETF BBRE 76.5546003 1,399,035.32 71.98900 1,315,598.97 0.00U.S. TREASURY 9128283F5 190,000.0000 190,000.0000 US TREASURY NOTES 9128283F5 95.2890632 181,049.22 96.59800 183,536.20 555.04 4,275.002.250% Due 11-15-279128283W8 220,000.0000 220,000.0000 US TREASURY NOTES 9128283W8 98.7386364 217,225.00 100.51600 221,135.20 2,285.19 6,050.002.750% Due 02-15-289128284A5 350,000.0000 350,000.0000 US TREASURY NOTES 9128284A5 99.7187514 349,015.63 100.50800 351,778.00 3,121.72 9,187.502.625% Due 02-28-239128285M8 100,000.0000 100,000.0000 US TREASURY NOTES 9128285M8 100.5859400 100,585.94 103.72700 103,727.00 405.73 3,125.003.125% Due 11-15-28912828D56 500,000.0000 500,000.0000 US TREASURY NOTES 912828D56 100.2265620 501,132.81 99.08200 495,410.00 4,485.39 11,875.002.375% Due 08-15-24912828F96 750,000.0000 750,000.0000 US TREASURY NOTES 912828F96 100.5885427 754,414.07 98.71500 740,362.50 2,596.15 15,000.002.000% Due 10-31-212148 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSDecember 31, 2018Security Unit Total Market Accrued AnnualCusip9 Original Face QuantitySecurity Symbol Cost Cost Price Value Interest Income912828R36 105,000.0000 105,000.0000 US TREASURY NOTES 912828R36 92.8002280 97,440.24 93.38300 98,052.15 221.53 1,706.251.625% Due 05-15-26912828S27 150,000.0000 150,000.0000 US TREASURY NOTES 912828S27 100.0625000 150,093.75 96.78500 145,177.50 4.66 1,687.501.125% Due 06-30-21912828TV2 100,000.0000 100,000.0000 US TREASURY NOTES 912828TV2 99.6406229 99,640.62 98.87100 98,871.00 214.09 1,250.001.250% Due 10-31-19912828U24 250,000.0000 250,000.0000 US TREASURY NOTES 912828U24 95.2578120 238,144.53 95.45700 238,642.50 649.17 5,000.002.000% Due 11-15-26912828U73 110,000.0000 110,000.0000 US TREASURY NOTES 912828U73 99.5273429 109,480.08 98.80900 108,689.90 70.64 1,512.501.375% Due 12-15-19912828U81 525,000.0000 525,000.0000 US TREASURY NOTES 912828U81 101.3102686 531,878.91 98.63300 517,823.25 57.69 10,500.002.000% Due 12-31-21912828UQ1 125,000.0000 125,000.0000 US TREASURY NOTES 912828UQ1 99.8453152 124,806.64 98.46100 123,076.25 530.90 1,562.501.250% Due 02-29-20912828VS6 300,000.0000 300,000.0000 US TREASURY NOTES 912828VS6 98.2422791 294,726.84 99.96900 299,907.00 2,832.88 7,500.002.500% Due 08-15-23912828WR7 375,000.0000 375,000.0000 US TREASURY NOTES 912828WR7 99.3359387 372,509.77 99.17200 371,895.00 22.01 7,968.752.125% Due 06-30-21912828XG0 425,000.0000 425,000.0000 US TREASURY NOTES 912828XG0 97.1210941 412,764.65 98.81300 419,955.25 24.95 9,031.252.125% Due 06-30-22912828XZ8 150,000.0000 150,000.0000 US TREASURY NOTES 912828XZ8 99.7070333 149,560.55 101.00800 151,512.00 11.40 4,125.002.750% Due 06-30-25912828Y46 170,000.0000 170,000.0000 US TREASURY NOTES 912828Y46 100.0351588 170,059.77 100.12100 170,205.70 1,867.46 4,462.502.625% Due 07-31-20Accrued I19,956.614,854,529.02 4,859,713.01 19,956.61 105,818.75AGENCIES3130ACNX8 250,000.0000 250,000.0000 FEDERAL HOME LOAN BANK - STEP UP 3130ACNX8 99.8500000 249,625.00 98.09500 245,237.50 638.89 5,000.002.000% Due 11-14-223130ADUE0 200,000.0000 200,000.0000FHLB 3130ADUE0 99.7900000 199,580.00 100.00100 200,002.00 2,054.17 7,250.003.625% Due 03-19-273133EHGK3 300,000.0000 300,000.0000 FEDERAL FARM CREDIT BANK 3133EHGK3 100.0000000 300,000.00 98.62100 295,863.00 1,591.25 8,550.002.850% Due 04-24-253134GBH21 250,000.0000 250,000.0000 FHLMC 3134GBH21 99.7300000 249,325.00 98.37300 245,932.50 1,086.11 4,250.001.700% Due 09-29-20Accrued I5,370.42998,530.00 992,405.42 5,370.42 25,050.00TOTAL PORTFOLIO22,738,619.99 26,497,436.80 72,958.83 303,078.723149 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF : FEBRUARY 6, 2019 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT EMERGENCY REPAIR DUE TO PENINSULA CONSTRUCTION EARTHQUAKE WATER REPAIR & MAINTENANCE 12,866.65 ST ATE OF ALASKA -DEC ANNUAL PERMIT WASTEWATER SYSTEM WWTP DUES & PUBLICATIONS 7,920.00 CDW GOVERNMENT BARRACUDE EMAIL ARCHIVER CLERK SOFTWARE 2,668.57 150 FEBRUARY 6, 2019 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to item D.1. Ordinance No. 3048-2019 • KMC 5.25.030 Prohibited Acts • KMC 5.25.060 Revocation or Restriction Of License • KMC 7.15.120 Appeal Procedure Council Member Molloy Add to item D.7. Resolution No. 2019-12 • First Amendment to Deed of Trust City Attorney Remove item G.2. Purchase Orders Exceeding $15,000 City Clerk Kenai City Council Meeting Page 1 of 4 February 6, 2019 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING FEBRUARY 6, 2019 – 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. 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. POSTPONED TO 03/06/19. Ordinance No. 3048-2019 – Amending Kenai Municipal Code Chapter 5.25, Mobile Food Vendors, to Revise Application Requirements, License Terms, and Business Conduct Requirements and Make Other Housekeeping Amendments. (City Clerk) 2. POSTPONED TO 02/20/19. Ordinance No. 3049-2019 – Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund for Tenant Requested Improvements to the Automated Flight Service Station. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2019-08 – Authorizing the Purchase of Real Property Described as Lots Two (2) and Three (3), Block 5, East Addition Townsite of Kenai, 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. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2019-09 – Declaring a Utility Easement 20 Feet W ide and Approximately 242 Feet in Length Along the Northern Boundary of Lot 5, Block 1, and the Southern Boundary of Lot 6, Block 1, FBO Subdivision as Set Kenai City Council Meeting Page 2 of 4 February 6, 2019 Forth on the Attached Exhibit “A” is not Needed for a Public Purpose and Consenting to its Vacation. (Administration) 5. ADOPTED UNANIMOUSLY. Resolution No. 2019-10 – Encouraging the State of Alaska Board of Fisheries to Rescind their January 18, 2019 Decision to Move the Upper Cook Inlet 2020 Finfish Meeting to Anchorage Due to the Lack of Adequate Public Notice and Process. (Council Member Molloy) 6. ADOPTED UNANIMOUSLY. Resolution No. 2019-11 – Awarding a Three Year Agreement, with the Option of Two, One-Year Extensions by Mutual Consent, to Ingram Content Group, for the Purchase of Library Materials and Authorizing Issuance of a Purchase Order in the Amount of $21,000.00 for the Remainder of FY2019. (Administration) 7. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2019-12 - Amending Terms of the Deed of Trust for the Bowling Alley Subject to Additional Terms and Conditions. (Legal) [Clerk’s Note: Council May Convene into Executive Session to Discuss this Agenda Item which Pursuant to AS 44.62.310(c)(1)(3) 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)] E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of January 16, 2019 2. APPROVED BY THE CONSENT AGENDA. *Work Session of January 16, 2019 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified. (Administration) 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Purchase Orders Exceeding $15,000. (Administration) 3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Non-Objection to Liquor License Renewals for Kenai Joe’s, Peninsula Oilers Baseball Club, and Oaken Keg #1808 (City Clerk) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/20/19. *Ordinance No. 3050-2019 – Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services Passed through the Alaska State Library for Employee Travel and Training. (Administration) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/20/19. *Ordinance No. 3051-2019 – Accepting and Appropriating Private Donations to the Kenai Animal Shelter for the Humane Capture and Treatment of Animals. (Administration) Kenai City Council Meeting Page 3 of 4 February 6, 2019 6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/20/19. *Ordinance No. 3052-2019 – Amending Provisions in Kenai Municipal Code Title 3- Animal Control, Including the Definition of “Vicious Animal” in Kenai Municipal Code 3.05.010-Definitions, Mandatory Court Appearance Requirements in Kenai Municipal Code 3.05.070-Citation Procedure, Including a New Offense in Kenai Municipal Code 3.10.020 - Control and Confinement of Animals, and Making Corresponding Changes to Kenai Municipal Code 13.10.015 – Minor Offense Fine Schedule and the City’s Uniform Minor Offense Table. (Legal) 7. APPROVED UNANIMOUSLY. Action/Approval – Agreement for Temporary use of Facilities at the Fire Training Facility to the American National Red Cross. (Administration) H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – See D.7. 1. Discuss Terms Regarding the Sale of Property Located at 10639 Kenai Spur Highway, Kenai, AK, Also Known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity), Pursuant to AS 44.62.310(c)(1)(3) 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. M. PENDING ITEMS – None. N. ADJOURNMENT **************************************************************************************************** Kenai City Council Meeting Page 4 of 4 February 6, 2019 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. MEMO: TO: File FROM: Jamie Heinz, City Clerk DATE: February 7, 2019 SUBJECT: Confidential Meeting Material Confidential material was presented to the Council, prior to the meeting, and is sealed as a part of the permanent meeting record. For more information, contact me at 907-283-8231 or visit with me at City Hall, Office of the City Clerk. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014