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HomeMy WebLinkAbout2008-07-16 Council PacketAGENDA C\\ ENAI CITY COUNCIL -REGULAR MEETING ~_,: JULY 16, 2008 7:00 P.M. F e/ ~ KENAI CITY COUNCIL CHAMBERS XENHLPIGSNII http://www.ci.kenai.ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Bill Hatch, Habitat for Humanity Board Vice President -- Request for Donation of Property for Development. 2. Roy & Janine Espy -- Cell Phone Tower Moratorium Request ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2323-2008--Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer" in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. (Clerk's Note: Ordinance No. 2323-2008 was amended at the July 2, 2008 council meeting and then postponed to the July 16, 2008 council meeting. The motion to approve is active.) a. Substitute Ordinance No. 2323-2008--Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer" in KMC 1.85.070; and, 3) Adding Definitions for "Domestic Partner," "Health Care Provider," and "Covered Individual"; and, 4) Including Stockbrokers, Financial Advisors and Health Care Providers in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. 2. Ordinance No. 2326.2008 -- Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund. 3. Ordinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial. 4. Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3; Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. 5. Ordinance No. 2329-2008 --Amending the Official Kenai Zoning Map by Rezoning Tract 1A of Buffalo Run Subdivision 2008 Replat (Preliminary Plat) Consisting of Approximately 72 Acres from Suburban Residential and Rural Residential to Rural Residential. 6. Ordinance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering. 7. Ordinance No. 2331.2008 -- Enacting a New Section of the Kenai Municipal Code (KMC 13.20.040) Titled "Trespass" Making It a Violation to Trespass Upon Real Property. 8. Resolution No. 2008-42 -- Pertaining to the Investment Allocations of the Airport Permanent Fund and Establishing Appropriate Benchmarks to Measure Performance. 9. Resolution No. 2008-43 -- Awarding a Professional Services Contract to Alaska Permanent Capital Management, Inc. to Manage the Airport Permanent Fund Investments. 10. Resolution No. 2008-44 --Approving a Contract to Southcentral Construction, Inc. for the Project Entitled Marathon Road Improvements - 2008 for the Total Amount of $1,016,265.90. ITEM G: UNFINISHED BUSINESS --None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3, *Ordinance No. 2332.2008 --Increasing Estimated Revenues and Appropriations by $113,222.22 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. 4. *Ordinance No. 2333-2008 -- Increasing Estimated Revenues and Appropriations by $3,217.60 in the General Funtl for Police Canine Program Expenses. 5. *Ordinance No. 2334-2008 -- Enacting a New Chapter in the Kenai Municipal Code (KMC 24.30) Titled Kenai Municipal Cemetery Advisory Committee Establishing an Advisory Cemetery Committee to Assist in the Planning and Development of an Addition to the Existing Cemetery, Its Integration Into the Existing Cemetery and Including a Provision to Sunset the Committee After a Period of Two Years. EXECUTIVE SESSION -- None scheduled. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at hftp:/Iwww.ci.kenai.ak.us. JULY 16, 2008 REGULAR COUNCIL MEETING REQUESTED ADDITIONSlCHANGES TO THE PACKET ITEM ADD TO: Executive Session -- Financial Matters CITY MANAGER ADD AS: Ynformation Item No. 5 -- J. Castimore email thanking Council Member Smalley for his assistance in Kenai Lion's Club cleaning up of Bernie Huss Trail. Information Item No. 6 -- 7/ 10/08 Division of Juvenile Justice letter requesting consideration of adding a bike path on the west side of Marathon Road to the Juvenile Detention Facility. Information Item No. 7 -- City of Kenai Building Permits/ Second Quarter 2008. ADMINYSTRATION CONSENT AGENDA TESTIMONY SYGN-YN SHEET r ~ ~s% ~y L..f"ICE'.Z2i,f„t" ~ZG!~L~~Z~~s'~,a. 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N ~ C ~ ' Z } Z 0 O Z ~ ~, ~ cn Cn J w ~ m Q 0 ~ 0 0 0 0 ~ ~ , w ~ ~ m d cn cn 4 ~ { ~ ' ``~ Z W W ~- ® ~ ~ O W W Z ~ N' S p ~ ~ ~ 0 -~ 0 ~" 0 ~ 0 `t ~ ¢ ~ -x W ~ ~ m ~ (4 (A' fi ~ ' ~L ~ z O W w ~ 0 ~ 0 J 0 0 0 ~ ~ w ct ~ m a cn cn ~ ~ ~. b~, ~ Z W ~ ~ ~Z o ~c~ ~ ~ W z Ce ~ `ZSO cn ~0 0 0 0 d '> ~ ~ WCL ~ m d ln (n AGENDA KENAY CITY COUNCIL -REGULAR MEETING JULY 16, 2008 9:00 P.M. KENAI CITY COUNCIL CHAMBERS http_/ /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Bill Hatch, Habitat for Humanity Board Vice President -- Request for Donation of Property for Development ............................................................ Roy & Janine Espy -- Cell Phone Tower Moratorium Request .......................... YTEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORT5 OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2} Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer" in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030 ................... (Clerk's Note: Ordinance No. 2323-2008 was amended at the July 2, 2008 council meeting and then postponed to the July 16, 2008 council meeting. The motion to approve is active.) a. Substitute Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer" in KMC 1.85.070; and, 3) Adding Definitions for "Domestic Partner," "Health Care Provider," and "Covered Individual"; and, 4) Including Stockbrokers, Financial Advisors and Health Care Providers in the List of Professionals Subject to Modified Requirements in KMC 1.85.030 ............................................................................... 13 36 2. Ordinance No. 2326-2008 -- Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund ............................ 42 3. Ordinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial ..................................................... 51 4. Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial.. 55 5. Ordinance No. 2329-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract lA of Buffalo Run Subdivision 2008 Replat (Preliminary Plat} Consisting of Approximately 72 Acres from Suburban Residential and Rural Residential to Rural Residential ...................................................................... 59 6. Ordinance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering ................................. 64 7. Ordinance No. 2331-2008 -- Enacting a New Section of the Kenai Municipal Code (KMC 13.20.040) Titled "Trespass" Making It a Violation to Trespass Upon Real Property ................................................................................................. 67 8. Resolution No. 2008-42 -- Pertaining to the Investment Allocations of the Airport Permanent Fund and Establishing Appropriate Benchmarks to Measure Performance ................................................................................................... 69 9. Resolution No. 2008-43 -- Awarding a Professional Services Contract to Alaska Permanent Capital Management, Inc.. to Manage the Airpor£Permanent Fund Investments .......................................................................................... 83 10. Resolution No. 2008-44 -- Approving a Contract to Southcentral Construction, Inc. for the Project Entitled Marathon Road. Improvements - 2008 for the.Total Amount of $1,016,265.90 ............................................................ 95 ITEM F: MYNUTES 1. *Regular Meeting of July 2, 2008 ..................................................................... 101 ITEM G: UNFINISHED BUSINESS YTEM H: NEW BUS%NESS Bills to be Ratified ......................................................................................... 116 2. Approval of Purchase Orders Exceeding $15,000 ............................................. 117 3. *Ordinance No. 2332-2008 -- Increasing Estimated Revenues and Appropriations by $113,222.22 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System ............................ 133 4. *Ordinance No. 2333-2008 -- Increasing Estimated Revenues and Appropriations by $3,217.60 in the General Fund for Police Canine Program Expenses ...................................................................................................... 136 5. *Ordinance No. 2334-2008 -- Enacting a New Chapter in the Kenai Municipal Code (KMC 24.30) Titled Kenai Municipal Cemetery Advisory Committee Establishing an Advisory Cemetery Committee to Assist in the Planning and Development of an Addition to the Existing Cemetery, Its Integration Into the Existing Cemetery and Including a Provision to Sunset the Committee After a Period of Two Years ....................................................................................... 138 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission ............:............................:............... ............................... 140 3. Harbor Commission ......................................................... .............................. 145 4. Library Commission ......................................................... .............................. -- 5. Parks & Recreation Commission ....................................... .............................. 148 6. Planning 8s Zoning Commission ........................................ .............................. 151 7. Miscellaneous Commissions and Committees a. Beautification Comrnittee ............................................ ............................... 156 ......... b. Alaska Municipal League Report ......................... .............................. -- c. Mini-Grant Steering Committee .................................... .............................. -- ITEM J: REPORT OF THE MAYOR ......................... ............................... -- ITEM K: ADMINISTRATION REPORTS 1. City Manager .....................................s~`..::.................................................... 161 2. City Attorney ................................................................................................. -- 3. City Clerk ...................................................................................................... -- YTEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule.. (Postponed on June 4, 2008 to August 6, 2008.) EXECUTYVE SESSYON -- None Scheduled. ITEM N: ADJOURNMENT ******************************************************************************************** INFORMATION ITEMS JULY 16, 2008 1. 2. 3. 4. 7/ 16/2008 Purchase Orders Between $2,500 and $15,000 for council review.... 7/3/08 PZ Resolutions Section Quarter, 2008 .................................................. 4/28 and 5/27/08 Kenai Visitors 8v Convention Bureau, Inc. Board of Directors Meeting Minutes ....................:........................................................................ 6/2008 Kenai Municipal Airport Enplanement and Float Plane Basin Activity Reports .......................................................................................................... Page; No. 180 181 183 187 PO BOX 2907 • Soldofxsa, Alaska 99669 • (907) 283-7797 Iuly 8, 20D8 Mayor Pat Porter Kenai City Council Mansbeare 210 Fidalgo St.' Kenai, AK 99611 Re: Request for: Foreclosed City Properties - Mommsens Subdivision Parcels 39 L0223 - 3910227 Dear Mayor Porter and City Council Members: Previously we had asked for future building lots in the Kenai area and were offered five blocks of Land under the caveat of paying the back city assessments and borough taxes. iue took the affe'f iG vur Braed, Since we are a srnatl aon-pco°; Oigaiii~atian we drd not have the iu~ianetal aiiitty iu accept your o$er and still be able to build our IS'O' home in the Kenai-Soldoma area this year. As we are running out of lots to build on that are affordable to the target families we are trying to help, we ask you fo recmYSider your offer and. eliminate the payment of back taxes and assessments. Again, I would like fo stress we have added over 1.5 million dollars to the City and Borough tax assessments over the years. We estimate that each home we build and sell to a selected family adds approximately ~ 110,000.00 to the city assessments. Naturally, once inhabited the taxes are paid. Thank you. Bill. Radtke President 1 "~°lla~e r~it~i a Past, G~° y wit~t a Future °~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ ~ L°°} Telephone: 907-283-75351 FAX: 907-283-3014 1992 MEMO: TO: Gity Council FROM: Rick Koch DATE: July 9, 2048 SUBJECT: Habitat for Humanity (HfH}, Request for Donation of Forec6ased Properties Last year HfH approached the City requesting the donation of these soma properties. At that same time, another non-profit with a similar request had also approached the City. In response to both HfH and the other non-profit, the City offered to donate the property but required HfH and the other non-profit to pay the back taxes and the outstanding special assessments. Htil declined the City's offer. The other non-profit accepted the City's offer au?a agreed to pay the back texas and special assessments upon closing with a buyer of the properties, Attached is a spreadsheet showing the Kenai Peninsula Borough (KPB) property assessed. values, the amount of back taxes, and the special assessments (special assessments are for water & sewer improvements) through July 15, 2008. The KPB property assessed value for the five Iots being requested. by HfH is $ 54,400. The back taxes aze $ 13,314, and the special assessments are $ 9,947.97, for a total of $ 23,262.40, or 42.76% of the assessed value. On average, this is $ 4,652.48 per lot. While we have been unable to sell these properties to data, given the increased level of inquiries I have received abort available ]and in Kenai being served by paved streets and municipal utilities, l believe there is a goad chance these properties could be sold in the next several years. if the City were to donate the properties to HIIi without requiring HfH to pay the back taxes and special assessments, the City would be required to pay the back taxes and 2 { special assessments in the amount of $ 23.262.40, in addition to the donation of city assets valued at $ 54,400.00. HfH has estimated the assessed value of a completed home at $ 110,000. For your information, that would result in annual property tax to the City of $ 3 $5.00. Adnvnistration recommends extending the same offer to HfH requiring them to pay the back taxes and special assessments. We will work with HfH, as we did the other non- profit, to fmd a method/timing of pa}nnent that is most easily accommodated by HfH. 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(~3 10`s~ °s3 30 ~^ gi3 2s -2 11 -o-2 11~ ~2 2°' I~ 140x14 $ ~'~, ~1 i 12~ f~1 12> ~1 1 0l - ~ _ I ~~ 15 4 ~ 15 ~~~, m ` 1-A 12'A _0 1-A 12-A "-> 1-A ~ 1-A 16g I^ 16 6D 7= ~ 6 7 ~ °6 60~ \ 17 05 ~~17 5a ~ i o ~., 18'~ ~ ~ ~~ I --1 - 5C 8 °5 ~°I I ~ ,az+ / 1? 18 q > ~ g ~ ~ q 9 i o4 4 ~' ~~~ 3g' ~~,3 i 10~ ~~ "s_ 3 10 ! ,022 ~ 21 ~+2D 99 ~ 3° 20 is 2 ~ 11 ~2 ~2A n i 11 , TR.> legend ~~ Mommsen Foreclosure rJ July 7, 2008 Dear Mayor Porter, Council Members Smalley, Eldridge, Molloy, Ross, Boyle, and Swarner, We have continued fo research the matter of cell phone towers in our area and continue to be concerned that the City of Kenai is going to see many more being built. We have heard that there are 27 towers being planned for the peninsula this summer alone. Cel! tower construction is not a bad thing but not planning for their placement Is. There are outstanding advancements. in technology that we would like to see oar community have access to, with appropriate planning. After meeting with members of the Administration, we are concerned that the current zoning and ordinances are not sufficient to deal with this matter. Please consider the following information we are submitting with a moratorium on calf towers in mind until a comprehensive plan can be constructed and implemented. We should not leave this matter solely to the. determination of cellular phone companies but actively participafe in the process of bringing revolutionary technology to the citizens of Kenai with farefhought. Thank you for your attention to this matter. Sincerely, Roy & Janine Espy 403 McCollum Drive Kenai, Alaska 99611 283-5621 CC: Cary R. Graves, City Attorney, Rick Koch, City Manager, Marilyn Kebschuil, AICP, City Planner 6 What you need to know if a ceB company is targeting your neighborhood: • Federal law preempts some state laws regarding placement of cell towers. But. local band use law still applies. Neighbors should not be misled into be(ievirrg that they cannot win a cell tower location fight. • Every municipality must allow cell towers somewhere. Make sure that vour municipality has a smart Zoning ordinance that allows cell towers in only suitable locations. • Cell companies argue that these towers are not dangerous. But many studies are not conclusive. You need tq decide whether you trust studies on this issue. • Cel! companies are entitled to pond coverage, not perfect coverage. Sometimes a more suitable and appropriate location may provide slightly less coverage, but nonetheless adequate coverage. • These cell companies coma, instalE their towers and leave. Theyteally do not care about your community or the effect insfallatioh will have on it. • Often cell companies must prove need before a new tower locatiar. can be approved. Take a close look at haw this is being done. Is the data reliable and can it be replicated? (s this just a product of computer modeling, or are people complaining of dropped calls as well. Opposing Ceil Towers by Stuart Lieberman http://realtytimes.oom/rtpages/20Q59208_calltowers.htm Here is an example of an approximately 60 foot temporary cell tower in a residential neighborhood in Kenai. The highest tree here is approximately 58 feet, Cel! fawers receive at what is referred to as "line of sight" meaning they must be above the tree line making them very obvious, unable to blend in. 7 IdIMBY [tYof !n My Back Yard] • The Federal taw that insures cell phone Company's access doesn't rule out NIMBY. Or excuse the cell companies from being creative in tower architecture. "Hide" cell towers Garden State Parkway: This tower is on the east side of New Jersey's Garden State Parkway, right at mile i35. This design'is referred to as the "tree approach". Some other creative ideas to hide towers may include: • Inslde structures • Enside church steeples • Mini towers attached along a stretch of existing highway light poles A moratorium should be put into action for the city of Kenai until the following can be considered: • The feasibility of the consolidating of towers or sharing of space can be considered. • A list of suitable and apprapriate new locations can be determined. An assessment of the real needs of the community vs. the needs of the ceA phone companies has been conducted. • An opportunityfor al! cell companies to fully disclose their current coverage. • Establishment of po{icies requiring "Hiding" where apprapriate. 8 Ante>maSearch -Search for Cell Towers, Cell Reception, Hidden Antennas aizd more. Our solutions really wgrk Use our antennas and bogsEen ceNantenna.cgm • Tower Structures-(McCoilum Or, Kenai, AK 99611) ~I~ i ~~ ~ ~~ , -,~ ' High structures _ fNap data l'owA!(fliet~~??a9ietered; -._... "IUtediem(sfl'uetun9s (10;7 m?60 ft in I?etunt) `~?p ~, ate ~9as -Tem.;; cf y~e 6uinre rmi,3 fi7r;eglstenstl 1(XVe+' ,`~ P'; A~~%$@ 26 Towe*s (5 Regis[erad,21 Not Registered) found within 4.90 miles of ,,fit McCOltum Dr, Kenal, AK 49611. (` ,~ , lnfiol The NEAREST Tnwer is .10 mil=s away and is awoed'oy Alaska Digitel. ~~ ~'~•, A~Ok'~® Qne New Tower Application found wifnin 4A0 miles of McCoilum DG Kenai, .,ems AK 99611. lower Sgpe~ lP Num Siie Ownor Flcisht Dist Registered (1)Agg',JJlreless, Inc, 95 feet 1.39 m9es {2) VlcpalT.gwOr,tJ_G 75 feet 2.fi5 miles {3} $penp[C_PrUiSdpra„$uppiy,{nG 46 feet 2.93 miles (4) Kenai_$uRPIY.!nc 120 feet 3.09 miles (5) hsrrntp Pba=.Kstm.R~dIU_S2 285 teeY 347 miles Page 1 of 2 - Not ~.,„(1)...._,....».~.__..._. 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Future (1) S~3At,@Q~AI~65k9. 150 feeC 1.33 miles ~ 2(}04,05.06 4y General0afa Reaou cee, me ___.. _.__.... 4 ~ .-_._.__~ ~ .. ~ga9kers towers And Masts Beam Harm ~~ Testma Shows Wuson Boosters y 9 Improve our weak cellular si nal o l~ ~ ips Same Day $140 In Stock Sh ~ 7his Fr Repo Why l O 8rands. Try ertorm 0[her om mercial VehN e R de ~ia C q~ u ally works 6immick No ft ei ~~ 'm On¢~ o , ~uvd•.v. W IisonLiectronlrs, cc;rr wkn ~., Ads d!' ~afl6}$ hitp:/fwww.antennasearch.comisitestart.asp?sourcepagename=reportviewer2&prevsessieni... 6 /2 212 0 4 8 1~ AntennaSearch -Search for Ce1I Towers, Ce11 Reception, Hidden Antennas and more. Page 1 of 2 r----- -- @feoEt@@e. ee~naE 1LSSSp}&iffee.r C~(~ P~('.¢arts 9haxspGE$rq. Complete SoluYlons For Weak Signals And Dropoetl Czils Order ]mprove signal, Stop dropped calls, 'Mlson dealer, Referrals I Online! provided mycelhdsrsolutlon,~,r.am ~ CeilfUiC'ennaeom ~ PAS by [;OII~12 ® An4enna Sites -(McCollum 6r, Kenai, AK 4B81t) /Gy~ 9, i .~.~, ~~ , ~;' - i.9airv f ~" ti.,;. ry'v ~ ~~ . s L ~ ~` r ~ Ksnat ~, I ~X~7? . ,,:3'j "6mail (lxsiow i^vOft) send alone antonra en 3p dais Q2008 Te1e (~flas term ct., Pnuttiplcs Antennas --~ CNUIc;a antennas snaring a high [tearer } ~~~9P'~~ 4S Antennas found within 4.00 miles of iNCCalium Dr, Kenai, AY. 99611. v { ~ } Infio! The NEAROST Antenna is .59 miles away and is ownadby Doyles Fuei Co inc filte 7yue ~ Site Num ~ Antnnra Dwner Naight Dixt .~ Mul&ple (1) C.!h'. Ct Kgylei NA 3.12 miles Gi}y,Of I{,pnai NA 3.12 miles C%it7f.Qf ISeD@t NA 3.12 miles CitV~_Of Kenpi NA 3.12 miles rm nv u>nai NA 3.12 tulles http:/Jwww.t ` (2) 2J YsnfrtsWa gf,7i'A4tgq A~raes inc Alaska Manun'1e _ rvn NA ___.____.. o , „+ '~ 3.15 miles ~ j ~_____ _ _ (3} _ _ _ ~ .-__~.»-_ Alaska Slate Of NA I 1 33 tulles Slats Of Atass,,ka_ _ _ ^ ,_ _ NA v 1 33 miles i ~ _ _ t (4) __ _ ~ Kena ~URR)Y IOC NA 3 "6 mires I r ( Ksnai SUPRIYJRG NA 3 15 mNes i _.,..,-Kenai S,SiR~Y InG_ NA _ NA . __315 mile ' 97 mles I (6) Kenai Suppli Inc f(anat Sugofy inc ~ - _. ,_~NA ; ~ _ 3.97 mles 1 i ~, __ i Sirgie {6) P_4YSes Pus Co.ZO,P NA i ,59 miles C i i ntennasearch. com/site start. asp?sourcepagename=repo rkviewer2&prevsessioni.... 6/22/2448 11 tlttwuuuul.ut W1' J1+4A 4111V1 l.l.ll L VVV l4 dp 1. Ull LlA.4l.1141Vi1~ 4AlULLGL Al1LG1412J Q11U 111V1G. (28) Lashley,,DOn@IUE (29) I~analgrAtaaka~lnc (30) Qhaymn Ufla.lOC, (31) G+SY.9fK..e_nsi (32) CiIY.Cf Kenai (33) City.Of Kenai (34) eity.~f.Kena (35} Kenai: uupplN.lriC (36) Acs Ur 711e Northland Uccnse Sup inc., NPtstar °ipelaClB Qort1AE111Y. ItiG An A(a,SNa (37} Coraora4io~ Wholly Owned 6y Sgrnca knErgy, Inc, (3$) PlgkleH!tl,(;uplicprop4s~.s~na.!?7a- .69 miles 7D miles .$2 miles 1.11 miles '. 1,4D miles 1.41 miles M1.50 miies 1.83 miles 2.D9 miles 205 miles 2.09 mites 2.26 miles 2.32 miles 2.37 miles 2.38 miles 2.59 tulles 2.73 miles 2.BD mites 2.82 miles 287 miles 2.99 miles 3.^:2 miles 3.99 miles 3.19 miles 3.31 miles 3.44 miles '. 3.7i miles 3.89 miles '. 3.91 miles 3.50 miles NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NP. NA NA NA 2.E5 miles 3.04 miies '. NA NA ® 20P4,05A6 by Cenaral0ata Resources, Inc. 1 6N>G y Ul G ~a@,{. !>4'b~64G' ~$Cb4?$$~B' n ~,6iE~C'a~e¢~):y. FPP 6t18C~1®d?°_~ ARYi-~% Ca'1E &AF9CPPe~ E9.6:A1'tG•Ss Testing Shows Wilscn Boosters Outpertorrrt Small, Portable, Sieek. TFere is A $140 - to Stock Ships Same Day No Dther Brands. Try One! BlackBerry<5 For Everyone. Gimmick ~ Actually Works ~niww.lJilSencieCtrvnics.::om wwu:~.FYlac!<,Berry sr*m}YOUr(.helce www.FlYCPald.cam Ads by ~GOA~IZ httpJhrww.antenrzaseazeh.comisitestart.asp?sourcepagename=reportviewer2~prez~sessioni... fi/22/2008 12 d=,ckcpn,_ Robert (;. _C;ty Q(.Kenai Cit) Of Kenai Kertai.Penmsule Barousil ~tiy, Of Kenuj I.jUY.. Michael.R _City O{,Kenai City O(Kertai Suggested by: City Attorney CIT'§f C?F KENAI fAKCE NO. 2323-2008 AA? ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.85 BY: 1) UPDATING THE FINANCIAL REPORTING REQUIREMENTS FOR MUNICIPAL OFFICERS AND CANDIDATES CONTAINED IN KMC 1.85.020; AND, 2) INCLUDING THE MEMBERS OF THE PLANNING AND ZONING COMMISSION IN THE DEFINITION OF °MUNICIPAL OFFIGER IN KMC 1.85.070; AND, INCLUDING STOCKBROKERS AND FINANCIAL ADVISORS IN THE LIST OF PROFESSIONALS SUBJECT TO MODIFIED REQUIREMENTS I\? KMC 1.85.D30. WHEREAS, the financial reporting requirements for municipal officers and candidates in KMC 1.85.020(b)(1) incorporated by reference the state's requirements in AS 39.50.030(b) as of 1996; and, WHEREAS, the State of Alaska has amended the requirements of AS 39.50.030(b)(1) since 1996; and, WHEREAS, it is in the best interest of the Gity of Kenai to update the reporting requirements in KMC 1.85; and, WHEREAS, if there is a conflict in the state and city reporting requirements, the more stringent rules prevail over the less stringent; and, WHEREAS, it is in the best interest of the Gity to specifically delineate the reporting requirements in KMC 1.85 rather than incorporate a state statute by reference; and, WHEREAS, the changes to the city's financial disclosure requirements in this ordinance require reporting sources of income over $1,004 for municipal officers and candidates, and the officer's or candidate's spouse, dependent children and non- dependent children residing with the officer or candidate, but do not require the reporting of amounts of income; and, WHEREAS, current definition of "municipal officer" contained u1 KMC 1.85.070 does not include members of the Planning and Zoning Commission, but city Flanning and Zoning Commission Members are including in the state financial disclosure reporting requirements; anal, WHEREAS, members of the Kenai Planning and Zoning Commission should be included in the definition of "municipal officer" under the city's financial disclosure requirements in KMC 1.85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.85 is amended as follows: 13 Ordinance No. 2323-2008 Page 2 of 4 SECTION ONE 1.85.®20 ~antents of statement. {a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer ar candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects need not be identified. (b) The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate. (1) [THAT INFORMATION REQUIRED fi0 BE REPORTED BY THE STATE UNDER AS 39.50.030(bj;j The source of all income over $1 000 during the preceding j21 The identity by name and address of each business in which the municipal officer_or_candidate and officer's or candidate's spouse, dependent children u The identity of each trust or other fiduciary relation in which the extent of the beneficial interest in it' (~ Anv Loan or loan atzara dependent children residing with the officer or candidate and the identity of the maker of the loan or loan euarantor and the identity of each creditor to whom the municipal officer or candidate and officer's or candidate's spouse, dependent clvldren only ;f the t~fan nr miarantPP was made or the indebtedness incurred, Burins the 14 publicly traded corporation need not be included. (~ The identify and nature of each interest in real property, iricludine an Ordinance No. 2323-2048 Page 3 of 4 A list of all contracts and offers to contract urith the state or an instrumentality of the state during the preceding calendar year held, bid, or offered by the municipal officer or candidate and officer's or candidate's spouse dependent children and non-dependent children residing with the officer or candidate, a partnership limited liability or professional corporation of which the person is a .,member or a corporation in which the municipal officer or candidate and officer's or and non-dependent children residing with the officer or candidate or a combination of them holds a controlling interest: UC(21) A list of all contracts, bids, or offers to contract with the Ciiy of Kenai during the preceding year, by the municipal officer or candidate, and the officer's or officer or candidate, including those made through a proprietorship, partnership, limited liability company or corporation in which [HE OR A MEMBER OF HIS FAMILY] children and non-dependent chlldren residzna with. the otncer or canmaate or a combination of them, holds a controlling interest; 1~?l[t3]] A description of each business or financial dealzng, transaction, or arrangement over $1 000 by a municipal officer or candidate and-the officer's or candidate's spouse dependent children and non-dependent children residing with the officer or candidate entered into with any atYier municipal officer of the City of Kenai. (c) The statement shall be filed on a form prescribed by the City Clerk. SECTION TWO 1.85.030 Modified requirements fox professionals. Notwithstanding other provisions of this chapter, medical doctors, dentists, psychologists, certified public accountants, stock brokers or financial advisors and attorneys are not required to disclose, as sources of income, the names of individual patients or clients who receive professional services. Spouses of medical doctors, dentists, psychologists, certified public accountants, and attorneys are not required to disclose the names of their spouses, individual patients, or clients who receive professional. service. This exemption shall not apply to the identity of any corporation ar other business entity having a contract with the professional producing income of X5,000 or more for services to its members or a defined group, nor to the identity of clients receiving sen~ices that do not fall within the candidate's or official's field of professional expertise. 15 Ordinance No. 2323-2008 Page 4 of 4 SECTION THREE 1.85.Q?0 Definitions as used in this chapter (a) "Municipal Officers means the Mayor, City Manager, Members of the Council, Members of the Plannins and Zonine Commission. City Attorney and City CIerk. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALAS1fA, this second da_y of July, 2008. ATTEST: Carol L. Freas, City CIerk PAT PORTER, MAYOR Introduced: June 18, 2008 Adopted: July 2, 2008 Effective: August 2, 2008 16 ," K7~ ~ ~~~. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 "~ Telephone: (907) 283-7535 /Fax: (907} 283-3014 -,s ~r~. www.ci.kenai.ak,us ~ the city o f' Ldt~l~ 1..~ 111t'i T0: j Mayor Porter azid the Kenai City Council FROM: (~b Cary R. Graves, City Attorney DATE: 3une '12, 2008 RE: Financial Drsclosare ©rdinanee (No. 2323-2008) In this packet is Ordinance ivio. 2322-2008 authorizing a ballot proposition to exempt municipal officers and candidates from the state APOC requirements of AS 39.50. PFthe ballot proposition passes, the city's financial disclosure ordinance will take aver. However, when KMC 1.85.020 was amended in 1996 it incorporated the reporting requirements of AS 39.50.030(b). See Attachment "A." KMC 1.85.020(b)(1) now reads that, "The statement filed. shall include the following information relating to the municipal officer or candidate and the offrcer's or candidate's spouse, dependent children and non-dependent children residing. with the officer or candidate. That information required to be re on rted "by the state under AS 39.50.030frrj." (Emphasis added}. The reference to AS 39.50.030(b} can be interpreted to two ways It can be interpreted to mean AS 39,50.030(b} as it was in 1996 when it was incorporated by reference or AS 34.50.030(b) as it is now, The difference is important since AS 39.50.030(b} has had significant changes since 1996. Included in the changes is the 2008 requirement that amounts of income be reported. It is my interpretation that the reference to AS 39.50.030(b) in the ordinance means that the state law as is was in 1996 is incorporated. The comtnon law rule is that incorporation by reference to specific law incorporates only the provisions referred to at the time of adoption without subsequent amendments unless there is an express statement (e.g. "as amended"} or Strang implication of the intent to incorporate subsequent amendments Singer, Sutherland Slatulory Construction, Section ~ 1.08 at 27Q (6`~' ed. 2000). A copy of AS 39.50.030(b) as it was in 1996 is included as Attachment B. It is also noteworthy that Planning and Zoning Commissioners are not required to file disclosure statements under KMC 1,.85 since they are not included in the definition of "Municipal Officer" 17 under KMC 1.85.070. That section defines."Municipal Officer" as the Mayor, Council Members, the City Attorney, City Manager and City Clerk." I thought that given the proposed ballot proposition; KMC 1.85 should be amended to olarify the reference to AS 39.50.030(b1 and to include Planning and Zoning Commissioners. Given the timeline before the election, the changes needed to be introduced for introduction on the Lune 18`", 2008 meeting. That does, however, leave plenty of time for vnendments to the ordinance at the public hearing on .Tiny 2, 2008. Please let me know if you have any questions. 18 Suggested by: Council CITY OF KENAI ORDINANCE NO. 1?O1-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 1.85.020(b) TO REMOVE SOME CONFLICTS BETWEEN STATE AND CITY RE(~UIREMENTS FOR FINANCIAL DISCLOSURE AND REPORTING CONFLICTS OP INTEREST. WHEREAS, fhe State of Alaska reporting requirements for financial disclosure and conflict of interest under AS 39.50.030 are generally more strict than the reporting requirements under KMC 1.8S.02fl; and WHEREAS, when the reporting requirements are in conflict fife City must follow the mare restrictive of state or city law; and WHEREAS, it is ir. the best interest of the Cit}° of Kenai to structure its conflict of interest and disclosure requirements to more closely coincide with the State of Alaska's requirements; NOW, 'fI3F,REFORE, BE I'I' ORDAWED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA TEIAT KMC 1.85.02D(h) is amended to read as follows: 1.85.D20 Contents of Statement: {b) The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate[.]; (1} [THE SOURCE OF ALL INCOME OF $1,OOD OR MORE RECEIVED AS D1vTDEND5 OR INTERESTI That ul~rmation reouired to bo reported by, the state under AS 34.50.030(bl; (2} [THE SOURCE OF ALL OTHER INCOME OVER $S,OOD INCLUDING CAPITAL GAINS, RECEIVED DURING THE PRECEDING CALENDAR YEAR] A list of all contracts bids or offers to contract with the family or a combination of them hold a controlline interest; (3) [TAE NAME AND ADDRESS OF EACH BUSINESS ENTITY OWNED OR IN WHICH AN IN'T'EREST WAS .HELD DURING THE PRECEDING CALENDAR YEAR, INCLUDING A STATEMENT OF THE NA'T'URE OF THE INTEREST OWNED OR HELD] A description of each _ [(4) THE NAME AND ADDRESS OF EACH BUSINESS IN WHTCTI HE IS AN OFFICER, DIRECTOR, MANAGER, OR EMPLOYEE DURING THE PRECEDING CALENDAR YEAR; Kt eMVMipt{~I'6~ee pve (S) A DESCRIPTION OF EACH IN"I'E12EST Ih~ REAL PROPERTY AND A STATEMENT OF THE NATURE CDF THE INTEREST OWNED; (6) EACH LOAN, LOAN GUARANTEB, OR OTHER INDEBTEDNESS OF $5,00© OR MORE, INCLUDNG THE II7ENT'ITY OF THE MAKER OF THE LOAN AND EACH CREDITOR AND THE NATURE AND TERMS OF THE TRANSACTION; (7) A LIST OF ALL CONTRACTS, BIDS, OR OFFERS TO CONTRACT WITH THE CITY OF KENAi DURING THE PRECEDING YEAR, INCLUDING THOSE MADE THROUGFI A PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION IN WHICH HE OR A MEMBER OF HIS PAMILY, CJR A COMBINATION OF THEM, HOLD A CONTROLLING INTEREST; (8) A LIST OF EACH MINERAL, TIMBER, 4IL, OR OTHER NATURAL RESOURCE LEASE HELD, OR LEASE OFFER MADE DURING THE PRECEDING CALENDAR YEAR, INCLUDING THOSE HELD OR MADE BY A PARTNERSHIP OR PROFESSIONAL CORPORATION', OR A CORPORATION IN WHICH THE OFFICER, CANDIDATE, HIS SPOUSE OR CHILDREN, OR A COMBINATION OF THEM, HOLD A CONTROLLING INTEREST; AND, (9} A DESCRIPTION OF EACH BUSINESS OR FINANCIAL DEALING, TRANSACTION, OR ARRANGEMENT ENTERED INTO WSTH ANY OTHER MUNICIPAL OFFICER OF THE CITY OF KENAi.i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 'day of June, 1996. ATTEST: ~~~.~~ Carol L. Freas, City Clerk Introduced: June 5, 1946 Adapted: June 19, 1996 Effective: 3uly 1.9, 1996 May 15, 1996 (sp) 20 1.85,024 Contents of Statement: (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Flousehold goads and personal effects need not be identified. (lr) The statement filed shall include the following information relating to the mnnicipal afficar or candidate and the officer's ar candidate's spouse, dependent children and non- dependent children residing with the officer or candidate: (l) That information required to be reported by the state under AS 39.50.030(b); {2) A list of all contracts, bids; or offers to contract with the City of Kenai during the preceding year, including those made through a proprietorship, partnership, ar corporation in which he or a member of his family, or a combination of them, hold a controlling interest; {3) A description of each business or financial dealing, transaction, ar arrangement entered into with any other municipal officer of the City of Kenai.. (c) The statement shall be filed an a form prescribed by the City C1erK. 21 Search - 2 Results - as 39.50.030 Page 1 of 3 tiwitc#~ CliAinl: ~ f'`rRle~'sncc~a 1 $irr. ~JS! I (I^;i=1e-i: AdvesorCaunsel Salectar Source: Legal. > / ... / > AK ~ Alaska Statutes, 1996 ;~~ Terms: as 39.60:03D {E_drt Search I $uggest.Terms for My Search I FeecJpack,on Your Search) Select for FOCUST"" or Delivery ~`:,i Alaska Sfat. § 39.50.030 ALASKA STATUTES Copyright O 1962-1996 by The State of Alaska All rights reserved. *** ARCHIVE MATERIAL *** *** THIS SECTION IS CURRENT THROUGH THE 1996 SUPPLEMENT *** *** (1996 REGULAR & 1ST SPECIAL SESSION OF THE LEGISLATURE) *** TITLE 39. PUBLIC OFFICERS AND EMPLOYEES CHAPTER 50. CONFLICT OF INTEREST Alaska Stat. § 39.50.6330 (199&} Sec. 33.50.030. Contents of statements ~n,r.,~ r i r~~~ (a} Each statement shall be an accurate representation of the financial affairs of the public official or candidate and shall contain the same information for each member of the person's family, as specified in (b) of this section, to the extent that it is ascertainable by the public official or candidate. An asset or liability under $500, household goods, and personal effects need not be identified. (b} Each statement filed by a public official or candidate under this chapter shall include the following: 111 the source of ail income over $1.90 during the preceding ralandar year, jnriilriir,g raxat,le and nontaxable capital gains, received by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (2) the identity, by name and address, of each business in which the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person was a stockholder, owner, officer, director, partner, proprietor, or employee during the preceding calendar year; (3) the identity and nature of each interest owned in any business during the preceding calendar year by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (4} the identity and nature of each interest in real property, including an option to buy, owned at any time during the preceding calendar year by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (5) the identity of each trust or other fiduciary relation in which the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person held a beneficial interest during the preceding calendar year, a description and identification,of the property contained in each trust or relation, and the nature and extent of the beneficial interest in it; http:/lwww.lexis.cornlresearchlretrieve?_i ~`~~~`~~~`=.®B~e ie967b&docnum=2&_fintstr=... 6/12/2008 Search - 2 Results - as 39.50.030 Fage 2 of 3 (6) any loan ar loan guarantee made to the person, the person`s spouse or dependent child, or a nondependent ch8d of the person who is (iving with .that person, and the identity of the maker of the loan or loan guarantor and the identity of each creditor to whom the person, the person's spouse or dependent hild, or a nondependent child of the person who fives with that. person owed $500 or more; (7) a list of all contracts nd offers to contract with the state or an instrumentality of the state during the preceding calendar year held, bid, or offered by the person, the person's spouse ar dependent child, a nondependent child of the person who is living with that person, the person's mother or father, or a corporation in which the. person or the person's spouse or children, or a combination of them, hold a controlling interest; and (8) a fist of ail mineral, timber, oil, or any other natural resource lease held, or lease offer made, during the preceding calendar year by the person, the person's dependent child, a nondependent child of the person who is [iving with that person, the person's mother or father, a partnership or professional corporation of which the person is a member, or a corporation in which the person or the person's spouse or children, or a combination of them, holds a controlling interest, (c} [Repealed, ~ 26 ch 25 SLA 1975.E HISTORY: (1974 Initiative Proposal No. 2, g 1; am §§ 3, 4, 26 ch 25 SLA 1975} NOTES: OPINIONS OF ATTORNEY GENERAL. --Requiring an attorney who is a public official to d(sclose the names of clients, including the clients of the firm, is valid and legally supportable; and disclosure of such names does not violate any constitutional or professional privi{eges, February 15, 1985 Op. Att'y Gen. NOTES TO DECISIONS TO DETERMINE THE VALIDITY OF THE DISCLOSURE PROVISIONS OF THE CONFLSCT OF INTEREST LAW, `oth the nature and the extent of the privacy invasion and the strength of the state interest requiring aisclosure must be considered. Falcon y_Alaska. Pubs Offices Comm'n, 570.1!, 2d 469„(A(g51<a X977},., CERTAIN TYPES OF INFORMATION COMMUNICATED IN THE CONTEXT OF THE PHYSICIAN-PATIENT RELATIONSHTP FALL WITHIN ACONSTITUTIONALLY-PROTECTED ZONE OF PRIVACY. Falcon v. Alaska Pub. G~f_c.~~ C~rr~m'r},_570_P.,2~ 46,~_(Alaska_i977~ PATIENT OF A PHYSICIAN IS A CLIENT FOR MEDICAL SERVICES and falls within the scope of this chapter. Falcon v. Alaska Pub.~O,ffces Comm'n 570 P..2d 469 (Alaska 1~77}~ AND SOURCE OF INCOME. --The Conflict of Interest law encompasses a physician's individual patients as sources of income, Falco.,n_y. Riaska Pub. Offsg _~omm'n 570 P,_ d 469 Alaska 1977_,}_. REPORTING INDIVIDUAL NAMES OF PHYSICIAN'S PATIENTS. --Until appropriate regulations are promulgated, the Conflict of Interest law may not be applied so as to require reporting the names of individual patients of a physician. Falcon v. Alaska Pub. ~iqe~ Co~rm'n, 570 P.2d.469~A1a_s_f<a_197~,. APPLIED_IN.Wai'ren vwThomas 568 P.2d 400_(Alaska 1977 , USER NOTE: For more generally applicable notes, see notes under the First section of this article, chapter or title. Source: ~.,~,gOJ,> l ... /> AK -Alaska Statutes, 1895 Terms: as 39.50.030 (1=r~lt_$earch (Suggest Ter~nS f9rfv}[+,,.$aarch j Faedbac! _o0,_Your $gar,~~i.} View: Full 3te/7ime: Thursday, June 12, 2008 - 5:43 PM EDT http:/lwww.Iexis.com/researehlretrieve?_m=a91 a91022cOb65f9f7208f36e967b&docnum=2&_frntsh=... 6J 12/2008 Search - 2 Results - as 39.50.030 Page 3 of 3 Searckk ~ Res..e.~rch,_Tasks (Get a_DQqument ~ Shepard S®~ Alerts (TransaGt~oSla..l. Advisor I ir,g~nsel Selector yLskply { (gllv_ery_Njaaager {Switch Client ~.Preference~, ~ Sign Off { N_alp r A.Gouk ~xisN@%is { T~rEr?s a ~onditn.I~s { CgnSa~k..tJ& ~~Sl~ ~gpyrfc h~:Q 2Q06 lexESNex s a divLlon of Reed Efsavier Inc. Aft rights reserved. http:/;www.lexis.com/researcb/retrieve?_m=a91a91022cOb~44565f9f7208f36e967b&docnum=2&_fintstr=... 6;12/2008 ~~~~~ a x„, ,_ ._,~. ~..,. /. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907} 283-7535 /Fax: (907} 283-3014 www.ci.kenai.ak.us FROM: Carol L. Freas, Clerk DATE: July 10, 2008 i RE: GI3`Y OF KENE5ty2D03 PiTBLIC ®FFICIAL FINANCL9L .DISCLOSURE S~`tfTE_NIENT City Attorney Graves and I discussed making changes to the 2009 Public Qfficiat Financial. Disclosure Statement and decided to incorporate into it the request made by Council Member Swarner at the July 2, 2005 council meeting, i.e. directing filers to include on extra pages, the schedule and filer's name: Because there is a substitute ordinance being considered, our intention would be to WaSt ll3ihi after diSCilSSiGn grid paSSag~°- of the ardmaice, and then TnCCrpQrate any further changes into the Statement and then bring it back for council's approval at either the August 6 or 20 council meeting. If you have any questions, please contact us. 25 CTT1(pF ICENAT ~00~ PUBLIC ~FFICI~L FINANCIAL C9I~CLf9SE1RE STATEMENT BACIC~RC+t1ND INFt3RMATIG-N 1: This report is for City of Kenai Planning & Zoning Commission members; incumbent City of Kenai municipal officers; City of Kenai municipal candidates; and incumbent Mayor and CounciP Members. 2. This report is for the preceding calendar year, so include any information about financial interests held between January 1, 2008 and December 81, 2008. 3. You must showyour financial interests and those held by your spouse, nan-dependent children residing with you, ar dependent children during the preceding calendar year. 4. If you need help, ca(I the Kenai City Clerk at (907) 283-7535, extension 231. 5. BIN THIB REPORT DN THE LAST Pdla~E. NAME: (phone) (Fax numher) G)ccLIPATIG)N: MAILING; ADDRESS: (Current Street Address or Post Office Box} (E-Mail Address) (Cite/Yawn and Zip Code) OFFICE I=;€LC OR ~O~G~T TERM OF OFFICE: From to TITLE: TYPE C)F STATEMENT (CHECK ONE): ^ CANDIDATE STATEMENT Must be filed with your declaration of candidacy ^ INITIAL STATEMENT For newly appointed municipal officers ^ ANNUAL STATEMENT Due by Apra) 95. SPOtlSE: DEPENDENT CHILDREN: NON-DEPENDENT CHILDREN RESIDING WITH yOflJ 26 Suggested by: City Attorney CIT'§f C?F KENAI fAKCE NO. 2323-2008 AA? ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.85 BY: 1) UPDATING THE FINANCIAL REPORTING REQUIREMENTS FOR MUNICIPAL OFFICERS AND CANDIDATES CONTAINED IN KMC 1.85.020; AND, 2) INCLUDING THE MEMBERS OF THE PLANNING AND ZONING COMMISSION IN THE DEFINITION OF °MUNICIPAL OFFIGER IN KMC 1.85.070; AND, INCLUDING STOCKBROKERS AND FINANCIAL ADVISORS IN THE LIST OF PROFESSIONALS SUBJECT TO MODIFIED REQUIREMENTS I\? KMC 1.85.D30. WHEREAS, the financial reporting requirements for municipal officers and candidates in KMC 1.85.020(b)(1) incorporated by reference the state's requirements in AS 39.50.030(b) as of 1996; and, WHEREAS, the State of Alaska has amended the requirements of AS 39.50.030(b)(1) since 1996; and, WHEREAS, it is in the best interest of the Gity of Kenai to update the reporting requirements in KMC 1.85; and, WHEREAS, if there is a conflict in the state and city reporting requirements, the more stringent rules prevail over the less stringent; and, WHEREAS, it is in the best interest of the Gity to specifically delineate the reporting requirements in KMC 1.85 rather than incorporate a state statute by reference; and, WHEREAS, the changes to the city's financial disclosure requirements in this ordinance require reporting sources of income over $1,004 for municipal officers and candidates, and the officer's or candidate's spouse, dependent children and non- dependent children residing with the officer or candidate, but do not require the reporting of amounts of income; and, WHEREAS, current definition of "municipal officer" contained u1 KMC 1.85.070 does not include members of the Planning and Zoning Commission, but city Flanning and Zoning Commission Members are including in the state financial disclosure reporting requirements; anal, WHEREAS, members of the Kenai Planning and Zoning Commission should be included in the definition of "municipal officer" under the city's financial disclosure requirements in KMC 1.85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.85 is amended as follows: 13 Ordinance No. 2323-2008 Page 2 of 4 SECTION ONE 1.85.®20 ~antents of statement. {a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer ar candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects need not be identified. (b) The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate. (1) [THAT INFORMATION REQUIRED fi0 BE REPORTED BY THE STATE UNDER AS 39.50.030(bj;j The source of all income over $1 000 during the preceding j21 The identity by name and address of each business in which the municipal officer_or_candidate and officer's or candidate's spouse, dependent children u The identity of each trust or other fiduciary relation in which the extent of the beneficial interest in it' (~ Anv Loan or loan atzara dependent children residing with the officer or candidate and the identity of the maker of the loan or loan euarantor and the identity of each creditor to whom the municipal officer or candidate and officer's or candidate's spouse, dependent clvldren only ;f the t~fan nr miarantPP was made or the indebtedness incurred, Burins the 14 publicly traded corporation need not be included. (~ The identify and nature of each interest in real property, iricludine an Ordinance No. 2323-2048 Page 3 of 4 A list of all contracts and offers to contract urith the state or an instrumentality of the state during the preceding calendar year held, bid, or offered by the municipal officer or candidate and officer's or candidate's spouse dependent children and non-dependent children residing with the officer or candidate, a partnership limited liability or professional corporation of which the person is a .,member or a corporation in which the municipal officer or candidate and officer's or and non-dependent children residing with the officer or candidate or a combination of them holds a controlling interest: UC(21) A list of all contracts, bids, or offers to contract with the Ciiy of Kenai during the preceding year, by the municipal officer or candidate, and the officer's or officer or candidate, including those made through a proprietorship, partnership, limited liability company or corporation in which [HE OR A MEMBER OF HIS FAMILY] children and non-dependent chlldren residzna with. the otncer or canmaate or a combination of them, holds a controlling interest; 1~?l[t3]] A description of each business or financial dealzng, transaction, or arrangement over $1 000 by a municipal officer or candidate and-the officer's or candidate's spouse dependent children and non-dependent children residing with the officer or candidate entered into with any atYier municipal officer of the City of Kenai. (c) The statement shall be filed on a form prescribed by the City Clerk. SECTION TWO 1.85.030 Modified requirements fox professionals. Notwithstanding other provisions of this chapter, medical doctors, dentists, psychologists, certified public accountants, stock brokers or financial advisors and attorneys are not required to disclose, as sources of income, the names of individual patients or clients who receive professional services. Spouses of medical doctors, dentists, psychologists, certified public accountants, and attorneys are not required to disclose the names of their spouses, individual patients, or clients who receive professional. service. This exemption shall not apply to the identity of any corporation ar other business entity having a contract with the professional producing income of X5,000 or more for services to its members or a defined group, nor to the identity of clients receiving sen~ices that do not fall within the candidate's or official's field of professional expertise. 15 Ordinance No. 2323-2008 Page 4 of 4 SECTION THREE 1.85.Q?0 Definitions as used in this chapter (a) "Municipal Officers means the Mayor, City Manager, Members of the Council, Members of the Plannins and Zonine Commission. City Attorney and City CIerk. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALAS1fA, this second da_y of July, 2008. ATTEST: Carol L. Freas, City CIerk PAT PORTER, MAYOR Introduced: June 18, 2008 Adopted: July 2, 2008 Effective: August 2, 2008 16 ," K7~ ~ ~~~. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 "~ Telephone: (907) 283-7535 /Fax: (907} 283-3014 -,s ~r~. www.ci.kenai.ak,us ~ the city o f' Ldt~l~ 1..~ 111t'i T0: j Mayor Porter azid the Kenai City Council FROM: (~b Cary R. Graves, City Attorney DATE: 3une '12, 2008 RE: Financial Drsclosare ©rdinanee (No. 2323-2008) In this packet is Ordinance ivio. 2322-2008 authorizing a ballot proposition to exempt municipal officers and candidates from the state APOC requirements of AS 39.50. PFthe ballot proposition passes, the city's financial disclosure ordinance will take aver. However, when KMC 1.85.020 was amended in 1996 it incorporated the reporting requirements of AS 39.50.030(b). See Attachment "A." KMC 1.85.020(b)(1) now reads that, "The statement filed. shall include the following information relating to the municipal officer or candidate and the offrcer's or candidate's spouse, dependent children and non-dependent children residing. with the officer or candidate. That information required to be re on rted "by the state under AS 39.50.030frrj." (Emphasis added}. The reference to AS 39.50.030(b} can be interpreted to two ways It can be interpreted to mean AS 39,50.030(b} as it was in 1996 when it was incorporated by reference or AS 34.50.030(b) as it is now, The difference is important since AS 39.50.030(b} has had significant changes since 1996. Included in the changes is the 2008 requirement that amounts of income be reported. It is my interpretation that the reference to AS 39.50.030(b) in the ordinance means that the state law as is was in 1996 is incorporated. The comtnon law rule is that incorporation by reference to specific law incorporates only the provisions referred to at the time of adoption without subsequent amendments unless there is an express statement (e.g. "as amended"} or Strang implication of the intent to incorporate subsequent amendments Singer, Sutherland Slatulory Construction, Section ~ 1.08 at 27Q (6`~' ed. 2000). A copy of AS 39.50.030(b) as it was in 1996 is included as Attachment B. It is also noteworthy that Planning and Zoning Commissioners are not required to file disclosure statements under KMC 1,.85 since they are not included in the definition of "Municipal Officer" 17 under KMC 1.85.070. That section defines."Municipal Officer" as the Mayor, Council Members, the City Attorney, City Manager and City Clerk." I thought that given the proposed ballot proposition; KMC 1.85 should be amended to olarify the reference to AS 39.50.030(b1 and to include Planning and Zoning Commissioners. Given the timeline before the election, the changes needed to be introduced for introduction on the Lune 18`", 2008 meeting. That does, however, leave plenty of time for vnendments to the ordinance at the public hearing on .Tiny 2, 2008. Please let me know if you have any questions. 18 Suggested by: Council CITY OF KENAI ORDINANCE NO. 1?O1-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 1.85.020(b) TO REMOVE SOME CONFLICTS BETWEEN STATE AND CITY RE(~UIREMENTS FOR FINANCIAL DISCLOSURE AND REPORTING CONFLICTS OP INTEREST. WHEREAS, fhe State of Alaska reporting requirements for financial disclosure and conflict of interest under AS 39.50.030 are generally more strict than the reporting requirements under KMC 1.8S.02fl; and WHEREAS, when the reporting requirements are in conflict fife City must follow the mare restrictive of state or city law; and WHEREAS, it is ir. the best interest of the Cit}° of Kenai to structure its conflict of interest and disclosure requirements to more closely coincide with the State of Alaska's requirements; NOW, 'fI3F,REFORE, BE I'I' ORDAWED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA TEIAT KMC 1.85.02D(h) is amended to read as follows: 1.85.D20 Contents of Statement: {b) The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate[.]; (1} [THE SOURCE OF ALL INCOME OF $1,OOD OR MORE RECEIVED AS D1vTDEND5 OR INTERESTI That ul~rmation reouired to bo reported by, the state under AS 34.50.030(bl; (2} [THE SOURCE OF ALL OTHER INCOME OVER $S,OOD INCLUDING CAPITAL GAINS, RECEIVED DURING THE PRECEDING CALENDAR YEAR] A list of all contracts bids or offers to contract with the family or a combination of them hold a controlline interest; (3) [TAE NAME AND ADDRESS OF EACH BUSINESS ENTITY OWNED OR IN WHICH AN IN'T'EREST WAS .HELD DURING THE PRECEDING CALENDAR YEAR, INCLUDING A STATEMENT OF THE NA'T'URE OF THE INTEREST OWNED OR HELD] A description of each _ [(4) THE NAME AND ADDRESS OF EACH BUSINESS IN WHTCTI HE IS AN OFFICER, DIRECTOR, MANAGER, OR EMPLOYEE DURING THE PRECEDING CALENDAR YEAR; Kt eMVMipt{~I'6~ee pve (S) A DESCRIPTION OF EACH IN"I'E12EST Ih~ REAL PROPERTY AND A STATEMENT OF THE NATURE CDF THE INTEREST OWNED; (6) EACH LOAN, LOAN GUARANTEB, OR OTHER INDEBTEDNESS OF $5,00© OR MORE, INCLUDNG THE II7ENT'ITY OF THE MAKER OF THE LOAN AND EACH CREDITOR AND THE NATURE AND TERMS OF THE TRANSACTION; (7) A LIST OF ALL CONTRACTS, BIDS, OR OFFERS TO CONTRACT WITH THE CITY OF KENAi DURING THE PRECEDING YEAR, INCLUDING THOSE MADE THROUGFI A PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION IN WHICH HE OR A MEMBER OF HIS PAMILY, CJR A COMBINATION OF THEM, HOLD A CONTROLLING INTEREST; (8) A LIST OF EACH MINERAL, TIMBER, 4IL, OR OTHER NATURAL RESOURCE LEASE HELD, OR LEASE OFFER MADE DURING THE PRECEDING CALENDAR YEAR, INCLUDING THOSE HELD OR MADE BY A PARTNERSHIP OR PROFESSIONAL CORPORATION', OR A CORPORATION IN WHICH THE OFFICER, CANDIDATE, HIS SPOUSE OR CHILDREN, OR A COMBINATION OF THEM, HOLD A CONTROLLING INTEREST; AND, (9} A DESCRIPTION OF EACH BUSINESS OR FINANCIAL DEALING, TRANSACTION, OR ARRANGEMENT ENTERED INTO WSTH ANY OTHER MUNICIPAL OFFICER OF THE CITY OF KENAi.i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 'day of June, 1996. ATTEST: ~~~.~~ Carol L. Freas, City Clerk Introduced: June 5, 1946 Adapted: June 19, 1996 Effective: 3uly 1.9, 1996 May 15, 1996 (sp) 20 1.85,024 Contents of Statement: (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Flousehold goads and personal effects need not be identified. (lr) The statement filed shall include the following information relating to the mnnicipal afficar or candidate and the officer's ar candidate's spouse, dependent children and non- dependent children residing with the officer or candidate: (l) That information required to be reported by the state under AS 39.50.030(b); {2) A list of all contracts, bids; or offers to contract with the City of Kenai during the preceding year, including those made through a proprietorship, partnership, ar corporation in which he or a member of his family, or a combination of them, hold a controlling interest; {3) A description of each business or financial dealing, transaction, ar arrangement entered into with any other municipal officer of the City of Kenai.. (c) The statement shall be filed an a form prescribed by the City C1erK. 21 Search - 2 Results - as 39.50.030 Page 1 of 3 tiwitc#~ CliAinl: ~ f'`rRle~'sncc~a 1 $irr. ~JS! I (I^;i=1e-i: AdvesorCaunsel Salectar Source: Legal. > / ... / > AK ~ Alaska Statutes, 1996 ;~~ Terms: as 39.60:03D {E_drt Search I $uggest.Terms for My Search I FeecJpack,on Your Search) Select for FOCUST"" or Delivery ~`:,i Alaska Sfat. § 39.50.030 ALASKA STATUTES Copyright O 1962-1996 by The State of Alaska All rights reserved. *** ARCHIVE MATERIAL *** *** THIS SECTION IS CURRENT THROUGH THE 1996 SUPPLEMENT *** *** (1996 REGULAR & 1ST SPECIAL SESSION OF THE LEGISLATURE) *** TITLE 39. PUBLIC OFFICERS AND EMPLOYEES CHAPTER 50. CONFLICT OF INTEREST Alaska Stat. § 39.50.6330 (199&} Sec. 33.50.030. Contents of statements ~n,r.,~ r i r~~~ (a} Each statement shall be an accurate representation of the financial affairs of the public official or candidate and shall contain the same information for each member of the person's family, as specified in (b) of this section, to the extent that it is ascertainable by the public official or candidate. An asset or liability under $500, household goods, and personal effects need not be identified. (b} Each statement filed by a public official or candidate under this chapter shall include the following: 111 the source of ail income over $1.90 during the preceding ralandar year, jnriilriir,g raxat,le and nontaxable capital gains, received by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (2) the identity, by name and address, of each business in which the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person was a stockholder, owner, officer, director, partner, proprietor, or employee during the preceding calendar year; (3) the identity and nature of each interest owned in any business during the preceding calendar year by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (4} the identity and nature of each interest in real property, including an option to buy, owned at any time during the preceding calendar year by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (5) the identity of each trust or other fiduciary relation in which the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person held a beneficial interest during the preceding calendar year, a description and identification,of the property contained in each trust or relation, and the nature and extent of the beneficial interest in it; http:/lwww.lexis.cornlresearchlretrieve?_i ~`~~~`~~~`=.®B~e ie967b&docnum=2&_fintstr=... 6/12/2008 Search - 2 Results - as 39.50.030 Fage 2 of 3 (6) any loan ar loan guarantee made to the person, the person`s spouse or dependent child, or a nondependent ch8d of the person who is (iving with .that person, and the identity of the maker of the loan or loan guarantor and the identity of each creditor to whom the person, the person's spouse or dependent hild, or a nondependent child of the person who fives with that. person owed $500 or more; (7) a list of all contracts nd offers to contract with the state or an instrumentality of the state during the preceding calendar year held, bid, or offered by the person, the person's spouse ar dependent child, a nondependent child of the person who is living with that person, the person's mother or father, or a corporation in which the. person or the person's spouse or children, or a combination of them, hold a controlling interest; and (8) a fist of ail mineral, timber, oil, or any other natural resource lease held, or lease offer made, during the preceding calendar year by the person, the person's dependent child, a nondependent child of the person who is [iving with that person, the person's mother or father, a partnership or professional corporation of which the person is a member, or a corporation in which the person or the person's spouse or children, or a combination of them, holds a controlling interest, (c} [Repealed, ~ 26 ch 25 SLA 1975.E HISTORY: (1974 Initiative Proposal No. 2, g 1; am §§ 3, 4, 26 ch 25 SLA 1975} NOTES: OPINIONS OF ATTORNEY GENERAL. --Requiring an attorney who is a public official to d(sclose the names of clients, including the clients of the firm, is valid and legally supportable; and disclosure of such names does not violate any constitutional or professional privi{eges, February 15, 1985 Op. Att'y Gen. NOTES TO DECISIONS TO DETERMINE THE VALIDITY OF THE DISCLOSURE PROVISIONS OF THE CONFLSCT OF INTEREST LAW, `oth the nature and the extent of the privacy invasion and the strength of the state interest requiring aisclosure must be considered. Falcon y_Alaska. Pubs Offices Comm'n, 570.1!, 2d 469„(A(g51<a X977},., CERTAIN TYPES OF INFORMATION COMMUNICATED IN THE CONTEXT OF THE PHYSICIAN-PATIENT RELATIONSHTP FALL WITHIN ACONSTITUTIONALLY-PROTECTED ZONE OF PRIVACY. Falcon v. Alaska Pub. G~f_c.~~ C~rr~m'r},_570_P.,2~ 46,~_(Alaska_i977~ PATIENT OF A PHYSICIAN IS A CLIENT FOR MEDICAL SERVICES and falls within the scope of this chapter. Falcon v. Alaska Pub.~O,ffces Comm'n 570 P..2d 469 (Alaska 1~77}~ AND SOURCE OF INCOME. --The Conflict of Interest law encompasses a physician's individual patients as sources of income, Falco.,n_y. Riaska Pub. Offsg _~omm'n 570 P,_ d 469 Alaska 1977_,}_. REPORTING INDIVIDUAL NAMES OF PHYSICIAN'S PATIENTS. --Until appropriate regulations are promulgated, the Conflict of Interest law may not be applied so as to require reporting the names of individual patients of a physician. Falcon v. Alaska Pub. ~iqe~ Co~rm'n, 570 P.2d.469~A1a_s_f<a_197~,. APPLIED_IN.Wai'ren vwThomas 568 P.2d 400_(Alaska 1977 , USER NOTE: For more generally applicable notes, see notes under the First section of this article, chapter or title. Source: ~.,~,gOJ,> l ... /> AK -Alaska Statutes, 1895 Terms: as 39.50.030 (1=r~lt_$earch (Suggest Ter~nS f9rfv}[+,,.$aarch j Faedbac! _o0,_Your $gar,~~i.} View: Full 3te/7ime: Thursday, June 12, 2008 - 5:43 PM EDT http:/lwww.Iexis.com/researehlretrieve?_m=a91 a91022cOb65f9f7208f36e967b&docnum=2&_frntsh=... 6J 12/2008 Search - 2 Results - as 39.50.030 Page 3 of 3 Searckk ~ Res..e.~rch,_Tasks (Get a_DQqument ~ Shepard S®~ Alerts (TransaGt~oSla..l. Advisor I ir,g~nsel Selector yLskply { (gllv_ery_Njaaager {Switch Client ~.Preference~, ~ Sign Off { N_alp r A.Gouk ~xisN@%is { T~rEr?s a ~onditn.I~s { CgnSa~k..tJ& ~~Sl~ ~gpyrfc h~:Q 2Q06 lexESNex s a divLlon of Reed Efsavier Inc. Aft rights reserved. http:/;www.lexis.com/researcb/retrieve?_m=a91a91022cOb~44565f9f7208f36e967b&docnum=2&_fintstr=... 6;12/2008 ~~~~~ a x„, ,_ ._,~. ~..,. /. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907} 283-7535 /Fax: (907} 283-3014 www.ci.kenai.ak.us FROM: Carol L. Freas, Clerk DATE: July 10, 2008 i RE: GI3`Y OF KENE5ty2D03 PiTBLIC ®FFICIAL FINANCL9L .DISCLOSURE S~`tfTE_NIENT City Attorney Graves and I discussed making changes to the 2009 Public Qfficiat Financial. Disclosure Statement and decided to incorporate into it the request made by Council Member Swarner at the July 2, 2005 council meeting, i.e. directing filers to include on extra pages, the schedule and filer's name: Because there is a substitute ordinance being considered, our intention would be to WaSt ll3ihi after diSCilSSiGn grid paSSag~°- of the ardmaice, and then TnCCrpQrate any further changes into the Statement and then bring it back for council's approval at either the August 6 or 20 council meeting. If you have any questions, please contact us. 25 CTT1(pF ICENAT ~00~ PUBLIC ~FFICI~L FINANCIAL C9I~CLf9SE1RE STATEMENT BACIC~RC+t1ND INFt3RMATIG-N 1: This report is for City of Kenai Planning & Zoning Commission members; incumbent City of Kenai municipal officers; City of Kenai municipal candidates; and incumbent Mayor and CounciP Members. 2. This report is for the preceding calendar year, so include any information about financial interests held between January 1, 2008 and December 81, 2008. 3. You must showyour financial interests and those held by your spouse, nan-dependent children residing with you, ar dependent children during the preceding calendar year. 4. If you need help, ca(I the Kenai City Clerk at (907) 283-7535, extension 231. 5. BIN THIB REPORT DN THE LAST Pdla~E. NAME: (phone) (Fax numher) G)ccLIPATIG)N: MAILING; ADDRESS: (Current Street Address or Post Office Box} (E-Mail Address) (Cite/Yawn and Zip Code) OFFICE I=;€LC OR ~O~G~T TERM OF OFFICE: From to TITLE: TYPE C)F STATEMENT (CHECK ONE): ^ CANDIDATE STATEMENT Must be filed with your declaration of candidacy ^ INITIAL STATEMENT For newly appointed municipal officers ^ ANNUAL STATEMENT Due by Apra) 95. SPOtlSE: DEPENDENT CHILDREN: NON-DEPENDENT CHILDREN RESIDING WITH yOflJ 26 If additional pages are needed to list informarion, include the schedule and your name at the top of each extra page. SCHEDULE A SOURCES OF INCOME OVER ~1,OOi) Salaried Employment If NONE reportable, check box u Report the name of each employer who paid yau, your spouse, non-dependent children residing with you, dependent children more than $1,000 during calendar year 2008. Name of filer, spouse, or child:, Employer's Name: Name of filer, spouse, or child:, Employer's Name: Name of filer, spouse, or child: Employer's Name: Name of filer, spouse, or child: Employer`s Name: Self-Employment If NONE reportable, check box ^ List the name and address of each self-employment business that was a source of income of more than $1,000 for you, your spouse, non-dependent children residing with you, or dependent child during calendar year 2007. Tf the business isnon-retail, list the first and last name of eactr client or customer who paid the business over $2,00a. Self-employment includes: sole proprietor, partnership, limited liability rnmpany, shareholder in a professional corporation; or if you held (individually or with another family member) more than 50% of the stock in a corporatia,. Name of filer, spouse, or child: Business Name: Retail ^ Non-Retail ^ (If you check non-retail, list clients/customers below.) Name of client/customer: Name of filer, spouse, or child: Business Name: Retail ^ Non-Retail ^ (If you check non-retail, list clients/customers below.) Name of client/customer: 2009 City of Kenai Financial Disclosure Statement Page 2 27 If additiorzal pages are needed to List information, include the schedule and your name at the top of each extra page. SCHEDULE A SOURCES OF TNCf7ME OVER SiA00 Rental Sncome Lf NONE r o ble chec List the first and last name of each tenant from whom over'$1,000 was received during calendar year 2008. if property is located outside Alaska and managed by a person other than you, your spouse, non- dependent children residing with you, or dependent child, you may list the managing agent instead of listing each tenant. Owner (filer, spouse, or child} 3enant(s) Recipient (flier, spouse, ar child) Name of Source of Income .> Other Income _____ Lf NONE reportable, check box ^ List each source of income over $1,000 not fisted elsewhere on this statement, including income from II 1` Iw... 4M.. ........~ C 44.. M 1 I pubifC a55istani.e, wor kel ~~ l.Gf~Ipell~ai.IGil, Uf1e111pIVYn'Ient, uic not uc G~ Inc uUyer Gf real prGpaciy'; sGGial security; retirement; the name of the person who paid alimony or child support; government entitlements; i honoraria and shared living expenses. Recipient{flier, spouse, or chiid} Name of Source Name ®f Source 2009 City of Kenai Financial Disclosure Statement Page 3 28 If additional pages are needed to List information, include the schedule and your name at the tap of each extra pane.. SCHEDULE B BUSINESSINTERES75 Business Interests If NONE re ortable, check box Ci! Report all business interests even if they were not sources of income to you, your spouse, non-dependent child residing with you, ar dependent child during calendar year 2008. • List ownership interests of more than $1,000 as a shareholder in publicly traded stocks, that are not fisted elsewhere on this form. (A list of the names of publiclytraded stocks such as IMB or Intel may be listed by name only on a separate page.) • List ownership interests in non-pubiidy traded companies such as a sole proprietor, shareholder, owner, partner, officer, or director including ownership interests in native corporations. • List interests in limited liability companies. • List director or officer position in profit and non-profit organizations. Describe the business activity with sufficient detail to tell a reader what the organization actually does. Name of filer, spause, ar child Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of flier, spause, or chill Business Name: Business Address: Nature of Interest: tlacrripti(?n of Raiainccc`~ArFiyitir, Name of filer, spause, ar Child: Business Business Nature of Description. of Business's Activity: Name of filer, spause, or chill Business Business Nature of Description of Business`s Activity: 2009 City of Kenai Financial Disclosure Statement Page 4 29 If additional pages are needed to list inforneatiory include the schedule and your name at the top of each extra page. Real Pro Interests If NONE re ortable cheek box ^ Report all property interests such as your home, neighboring lots, rent to own home, rental property, vacant, recreational, business property or limited partnerships including real estate interests held in an LLC; ar held through a trust or sold during calendar year 2008. Include a street address, city and state or complete legal description for each piece of property listed. ®a not use mile post markers or post office boxes. Use copies of this page if you need additional space to complete this section. Name of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: {Option to Buy, Ownership, Leasehold} Name of filler, spouse, or child:- Street Address or Legal Description: 5CtiEDULE C REAL PROPERTY INTERESTSlREN7 TO OWN Current Use (Optional) Current Use (Optional} City or Borough and Nature of (Option to Buy, Ownership, Leasehald) Current Use (Optional) Name of filer, spouse, ar child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, or Current Use (Optional} Street Address or Legal Description: City or Borough and Nature of (Option to Buy, Ownership, Leasehold) Current Use (Optional) 2009 City of Kenai Financial Disclosure Statement Page 5 30 Suggested by: City Attorney CIT'§f C?F KENAI fAKCE NO. 2323-2008 AA? ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.85 BY: 1) UPDATING THE FINANCIAL REPORTING REQUIREMENTS FOR MUNICIPAL OFFICERS AND CANDIDATES CONTAINED IN KMC 1.85.020; AND, 2) INCLUDING THE MEMBERS OF THE PLANNING AND ZONING COMMISSION IN THE DEFINITION OF °MUNICIPAL OFFIGER IN KMC 1.85.070; AND, INCLUDING STOCKBROKERS AND FINANCIAL ADVISORS IN THE LIST OF PROFESSIONALS SUBJECT TO MODIFIED REQUIREMENTS I\? KMC 1.85.D30. WHEREAS, the financial reporting requirements for municipal officers and candidates in KMC 1.85.020(b)(1) incorporated by reference the state's requirements in AS 39.50.030(b) as of 1996; and, WHEREAS, the State of Alaska has amended the requirements of AS 39.50.030(b)(1) since 1996; and, WHEREAS, it is in the best interest of the Gity of Kenai to update the reporting requirements in KMC 1.85; and, WHEREAS, if there is a conflict in the state and city reporting requirements, the more stringent rules prevail over the less stringent; and, WHEREAS, it is in the best interest of the Gity to specifically delineate the reporting requirements in KMC 1.85 rather than incorporate a state statute by reference; and, WHEREAS, the changes to the city's financial disclosure requirements in this ordinance require reporting sources of income over $1,004 for municipal officers and candidates, and the officer's or candidate's spouse, dependent children and non- dependent children residing with the officer or candidate, but do not require the reporting of amounts of income; and, WHEREAS, current definition of "municipal officer" contained u1 KMC 1.85.070 does not include members of the Planning and Zoning Commission, but city Flanning and Zoning Commission Members are including in the state financial disclosure reporting requirements; anal, WHEREAS, members of the Kenai Planning and Zoning Commission should be included in the definition of "municipal officer" under the city's financial disclosure requirements in KMC 1.85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.85 is amended as follows: 13 Ordinance No. 2323-2008 Page 2 of 4 SECTION ONE 1.85.®20 ~antents of statement. {a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer ar candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects need not be identified. (b) The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate. (1) [THAT INFORMATION REQUIRED fi0 BE REPORTED BY THE STATE UNDER AS 39.50.030(bj;j The source of all income over $1 000 during the preceding j21 The identity by name and address of each business in which the municipal officer_or_candidate and officer's or candidate's spouse, dependent children u The identity of each trust or other fiduciary relation in which the extent of the beneficial interest in it' (~ Anv Loan or loan atzara dependent children residing with the officer or candidate and the identity of the maker of the loan or loan euarantor and the identity of each creditor to whom the municipal officer or candidate and officer's or candidate's spouse, dependent clvldren only ;f the t~fan nr miarantPP was made or the indebtedness incurred, Burins the 14 publicly traded corporation need not be included. (~ The identify and nature of each interest in real property, iricludine an Ordinance No. 2323-2048 Page 3 of 4 A list of all contracts and offers to contract urith the state or an instrumentality of the state during the preceding calendar year held, bid, or offered by the municipal officer or candidate and officer's or candidate's spouse dependent children and non-dependent children residing with the officer or candidate, a partnership limited liability or professional corporation of which the person is a .,member or a corporation in which the municipal officer or candidate and officer's or and non-dependent children residing with the officer or candidate or a combination of them holds a controlling interest: UC(21) A list of all contracts, bids, or offers to contract with the Ciiy of Kenai during the preceding year, by the municipal officer or candidate, and the officer's or officer or candidate, including those made through a proprietorship, partnership, limited liability company or corporation in which [HE OR A MEMBER OF HIS FAMILY] children and non-dependent chlldren residzna with. the otncer or canmaate or a combination of them, holds a controlling interest; 1~?l[t3]] A description of each business or financial dealzng, transaction, or arrangement over $1 000 by a municipal officer or candidate and-the officer's or candidate's spouse dependent children and non-dependent children residing with the officer or candidate entered into with any atYier municipal officer of the City of Kenai. (c) The statement shall be filed on a form prescribed by the City Clerk. SECTION TWO 1.85.030 Modified requirements fox professionals. Notwithstanding other provisions of this chapter, medical doctors, dentists, psychologists, certified public accountants, stock brokers or financial advisors and attorneys are not required to disclose, as sources of income, the names of individual patients or clients who receive professional services. Spouses of medical doctors, dentists, psychologists, certified public accountants, and attorneys are not required to disclose the names of their spouses, individual patients, or clients who receive professional. service. This exemption shall not apply to the identity of any corporation ar other business entity having a contract with the professional producing income of X5,000 or more for services to its members or a defined group, nor to the identity of clients receiving sen~ices that do not fall within the candidate's or official's field of professional expertise. 15 Ordinance No. 2323-2008 Page 4 of 4 SECTION THREE 1.85.Q?0 Definitions as used in this chapter (a) "Municipal Officers means the Mayor, City Manager, Members of the Council, Members of the Plannins and Zonine Commission. City Attorney and City CIerk. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALAS1fA, this second da_y of July, 2008. ATTEST: Carol L. Freas, City CIerk PAT PORTER, MAYOR Introduced: June 18, 2008 Adopted: July 2, 2008 Effective: August 2, 2008 16 ," K7~ ~ ~~~. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 "~ Telephone: (907) 283-7535 /Fax: (907} 283-3014 -,s ~r~. www.ci.kenai.ak,us ~ the city o f' Ldt~l~ 1..~ 111t'i T0: j Mayor Porter azid the Kenai City Council FROM: (~b Cary R. Graves, City Attorney DATE: 3une '12, 2008 RE: Financial Drsclosare ©rdinanee (No. 2323-2008) In this packet is Ordinance ivio. 2322-2008 authorizing a ballot proposition to exempt municipal officers and candidates from the state APOC requirements of AS 39.50. PFthe ballot proposition passes, the city's financial disclosure ordinance will take aver. However, when KMC 1.85.020 was amended in 1996 it incorporated the reporting requirements of AS 39.50.030(b). See Attachment "A." KMC 1.85.020(b)(1) now reads that, "The statement filed. shall include the following information relating to the municipal officer or candidate and the offrcer's or candidate's spouse, dependent children and non-dependent children residing. with the officer or candidate. That information required to be re on rted "by the state under AS 39.50.030frrj." (Emphasis added}. The reference to AS 39.50.030(b} can be interpreted to two ways It can be interpreted to mean AS 39,50.030(b} as it was in 1996 when it was incorporated by reference or AS 34.50.030(b) as it is now, The difference is important since AS 39.50.030(b} has had significant changes since 1996. Included in the changes is the 2008 requirement that amounts of income be reported. It is my interpretation that the reference to AS 39.50.030(b) in the ordinance means that the state law as is was in 1996 is incorporated. The comtnon law rule is that incorporation by reference to specific law incorporates only the provisions referred to at the time of adoption without subsequent amendments unless there is an express statement (e.g. "as amended"} or Strang implication of the intent to incorporate subsequent amendments Singer, Sutherland Slatulory Construction, Section ~ 1.08 at 27Q (6`~' ed. 2000). A copy of AS 39.50.030(b) as it was in 1996 is included as Attachment B. It is also noteworthy that Planning and Zoning Commissioners are not required to file disclosure statements under KMC 1,.85 since they are not included in the definition of "Municipal Officer" 17 under KMC 1.85.070. That section defines."Municipal Officer" as the Mayor, Council Members, the City Attorney, City Manager and City Clerk." I thought that given the proposed ballot proposition; KMC 1.85 should be amended to olarify the reference to AS 39.50.030(b1 and to include Planning and Zoning Commissioners. Given the timeline before the election, the changes needed to be introduced for introduction on the Lune 18`", 2008 meeting. That does, however, leave plenty of time for vnendments to the ordinance at the public hearing on .Tiny 2, 2008. Please let me know if you have any questions. 18 Suggested by: Council CITY OF KENAI ORDINANCE NO. 1?O1-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 1.85.020(b) TO REMOVE SOME CONFLICTS BETWEEN STATE AND CITY RE(~UIREMENTS FOR FINANCIAL DISCLOSURE AND REPORTING CONFLICTS OP INTEREST. WHEREAS, fhe State of Alaska reporting requirements for financial disclosure and conflict of interest under AS 39.50.030 are generally more strict than the reporting requirements under KMC 1.8S.02fl; and WHEREAS, when the reporting requirements are in conflict fife City must follow the mare restrictive of state or city law; and WHEREAS, it is ir. the best interest of the Cit}° of Kenai to structure its conflict of interest and disclosure requirements to more closely coincide with the State of Alaska's requirements; NOW, 'fI3F,REFORE, BE I'I' ORDAWED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA TEIAT KMC 1.85.02D(h) is amended to read as follows: 1.85.D20 Contents of Statement: {b) The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate[.]; (1} [THE SOURCE OF ALL INCOME OF $1,OOD OR MORE RECEIVED AS D1vTDEND5 OR INTERESTI That ul~rmation reouired to bo reported by, the state under AS 34.50.030(bl; (2} [THE SOURCE OF ALL OTHER INCOME OVER $S,OOD INCLUDING CAPITAL GAINS, RECEIVED DURING THE PRECEDING CALENDAR YEAR] A list of all contracts bids or offers to contract with the family or a combination of them hold a controlline interest; (3) [TAE NAME AND ADDRESS OF EACH BUSINESS ENTITY OWNED OR IN WHICH AN IN'T'EREST WAS .HELD DURING THE PRECEDING CALENDAR YEAR, INCLUDING A STATEMENT OF THE NA'T'URE OF THE INTEREST OWNED OR HELD] A description of each _ [(4) THE NAME AND ADDRESS OF EACH BUSINESS IN WHTCTI HE IS AN OFFICER, DIRECTOR, MANAGER, OR EMPLOYEE DURING THE PRECEDING CALENDAR YEAR; Kt eMVMipt{~I'6~ee pve (S) A DESCRIPTION OF EACH IN"I'E12EST Ih~ REAL PROPERTY AND A STATEMENT OF THE NATURE CDF THE INTEREST OWNED; (6) EACH LOAN, LOAN GUARANTEB, OR OTHER INDEBTEDNESS OF $5,00© OR MORE, INCLUDNG THE II7ENT'ITY OF THE MAKER OF THE LOAN AND EACH CREDITOR AND THE NATURE AND TERMS OF THE TRANSACTION; (7) A LIST OF ALL CONTRACTS, BIDS, OR OFFERS TO CONTRACT WITH THE CITY OF KENAi DURING THE PRECEDING YEAR, INCLUDING THOSE MADE THROUGFI A PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION IN WHICH HE OR A MEMBER OF HIS PAMILY, CJR A COMBINATION OF THEM, HOLD A CONTROLLING INTEREST; (8) A LIST OF EACH MINERAL, TIMBER, 4IL, OR OTHER NATURAL RESOURCE LEASE HELD, OR LEASE OFFER MADE DURING THE PRECEDING CALENDAR YEAR, INCLUDING THOSE HELD OR MADE BY A PARTNERSHIP OR PROFESSIONAL CORPORATION', OR A CORPORATION IN WHICH THE OFFICER, CANDIDATE, HIS SPOUSE OR CHILDREN, OR A COMBINATION OF THEM, HOLD A CONTROLLING INTEREST; AND, (9} A DESCRIPTION OF EACH BUSINESS OR FINANCIAL DEALING, TRANSACTION, OR ARRANGEMENT ENTERED INTO WSTH ANY OTHER MUNICIPAL OFFICER OF THE CITY OF KENAi.i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 'day of June, 1996. ATTEST: ~~~.~~ Carol L. Freas, City Clerk Introduced: June 5, 1946 Adapted: June 19, 1996 Effective: 3uly 1.9, 1996 May 15, 1996 (sp) 20 1.85,024 Contents of Statement: (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Flousehold goads and personal effects need not be identified. (lr) The statement filed shall include the following information relating to the mnnicipal afficar or candidate and the officer's ar candidate's spouse, dependent children and non- dependent children residing with the officer or candidate: (l) That information required to be reported by the state under AS 39.50.030(b); {2) A list of all contracts, bids; or offers to contract with the City of Kenai during the preceding year, including those made through a proprietorship, partnership, ar corporation in which he or a member of his family, or a combination of them, hold a controlling interest; {3) A description of each business or financial dealing, transaction, ar arrangement entered into with any other municipal officer of the City of Kenai.. (c) The statement shall be filed an a form prescribed by the City C1erK. 21 Search - 2 Results - as 39.50.030 Page 1 of 3 tiwitc#~ CliAinl: ~ f'`rRle~'sncc~a 1 $irr. ~JS! I (I^;i=1e-i: AdvesorCaunsel Salectar Source: Legal. > / ... / > AK ~ Alaska Statutes, 1996 ;~~ Terms: as 39.60:03D {E_drt Search I $uggest.Terms for My Search I FeecJpack,on Your Search) Select for FOCUST"" or Delivery ~`:,i Alaska Sfat. § 39.50.030 ALASKA STATUTES Copyright O 1962-1996 by The State of Alaska All rights reserved. *** ARCHIVE MATERIAL *** *** THIS SECTION IS CURRENT THROUGH THE 1996 SUPPLEMENT *** *** (1996 REGULAR & 1ST SPECIAL SESSION OF THE LEGISLATURE) *** TITLE 39. PUBLIC OFFICERS AND EMPLOYEES CHAPTER 50. CONFLICT OF INTEREST Alaska Stat. § 39.50.6330 (199&} Sec. 33.50.030. Contents of statements ~n,r.,~ r i r~~~ (a} Each statement shall be an accurate representation of the financial affairs of the public official or candidate and shall contain the same information for each member of the person's family, as specified in (b) of this section, to the extent that it is ascertainable by the public official or candidate. An asset or liability under $500, household goods, and personal effects need not be identified. (b} Each statement filed by a public official or candidate under this chapter shall include the following: 111 the source of ail income over $1.90 during the preceding ralandar year, jnriilriir,g raxat,le and nontaxable capital gains, received by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (2) the identity, by name and address, of each business in which the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person was a stockholder, owner, officer, director, partner, proprietor, or employee during the preceding calendar year; (3) the identity and nature of each interest owned in any business during the preceding calendar year by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (4} the identity and nature of each interest in real property, including an option to buy, owned at any time during the preceding calendar year by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (5) the identity of each trust or other fiduciary relation in which the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person held a beneficial interest during the preceding calendar year, a description and identification,of the property contained in each trust or relation, and the nature and extent of the beneficial interest in it; http:/lwww.lexis.cornlresearchlretrieve?_i ~`~~~`~~~`=.®B~e ie967b&docnum=2&_fintstr=... 6/12/2008 Search - 2 Results - as 39.50.030 Fage 2 of 3 (6) any loan ar loan guarantee made to the person, the person`s spouse or dependent child, or a nondependent ch8d of the person who is (iving with .that person, and the identity of the maker of the loan or loan guarantor and the identity of each creditor to whom the person, the person's spouse or dependent hild, or a nondependent child of the person who fives with that. person owed $500 or more; (7) a list of all contracts nd offers to contract with the state or an instrumentality of the state during the preceding calendar year held, bid, or offered by the person, the person's spouse ar dependent child, a nondependent child of the person who is living with that person, the person's mother or father, or a corporation in which the. person or the person's spouse or children, or a combination of them, hold a controlling interest; and (8) a fist of ail mineral, timber, oil, or any other natural resource lease held, or lease offer made, during the preceding calendar year by the person, the person's dependent child, a nondependent child of the person who is [iving with that person, the person's mother or father, a partnership or professional corporation of which the person is a member, or a corporation in which the person or the person's spouse or children, or a combination of them, holds a controlling interest, (c} [Repealed, ~ 26 ch 25 SLA 1975.E HISTORY: (1974 Initiative Proposal No. 2, g 1; am §§ 3, 4, 26 ch 25 SLA 1975} NOTES: OPINIONS OF ATTORNEY GENERAL. --Requiring an attorney who is a public official to d(sclose the names of clients, including the clients of the firm, is valid and legally supportable; and disclosure of such names does not violate any constitutional or professional privi{eges, February 15, 1985 Op. Att'y Gen. NOTES TO DECISIONS TO DETERMINE THE VALIDITY OF THE DISCLOSURE PROVISIONS OF THE CONFLSCT OF INTEREST LAW, `oth the nature and the extent of the privacy invasion and the strength of the state interest requiring aisclosure must be considered. Falcon y_Alaska. Pubs Offices Comm'n, 570.1!, 2d 469„(A(g51<a X977},., CERTAIN TYPES OF INFORMATION COMMUNICATED IN THE CONTEXT OF THE PHYSICIAN-PATIENT RELATIONSHTP FALL WITHIN ACONSTITUTIONALLY-PROTECTED ZONE OF PRIVACY. Falcon v. Alaska Pub. G~f_c.~~ C~rr~m'r},_570_P.,2~ 46,~_(Alaska_i977~ PATIENT OF A PHYSICIAN IS A CLIENT FOR MEDICAL SERVICES and falls within the scope of this chapter. Falcon v. Alaska Pub.~O,ffces Comm'n 570 P..2d 469 (Alaska 1~77}~ AND SOURCE OF INCOME. --The Conflict of Interest law encompasses a physician's individual patients as sources of income, Falco.,n_y. Riaska Pub. Offsg _~omm'n 570 P,_ d 469 Alaska 1977_,}_. REPORTING INDIVIDUAL NAMES OF PHYSICIAN'S PATIENTS. --Until appropriate regulations are promulgated, the Conflict of Interest law may not be applied so as to require reporting the names of individual patients of a physician. Falcon v. Alaska Pub. ~iqe~ Co~rm'n, 570 P.2d.469~A1a_s_f<a_197~,. APPLIED_IN.Wai'ren vwThomas 568 P.2d 400_(Alaska 1977 , USER NOTE: For more generally applicable notes, see notes under the First section of this article, chapter or title. Source: ~.,~,gOJ,> l ... /> AK -Alaska Statutes, 1895 Terms: as 39.50.030 (1=r~lt_$earch (Suggest Ter~nS f9rfv}[+,,.$aarch j Faedbac! _o0,_Your $gar,~~i.} View: Full 3te/7ime: Thursday, June 12, 2008 - 5:43 PM EDT http:/lwww.Iexis.com/researehlretrieve?_m=a91 a91022cOb65f9f7208f36e967b&docnum=2&_frntsh=... 6J 12/2008 Search - 2 Results - as 39.50.030 Page 3 of 3 Searckk ~ Res..e.~rch,_Tasks (Get a_DQqument ~ Shepard S®~ Alerts (TransaGt~oSla..l. Advisor I ir,g~nsel Selector yLskply { (gllv_ery_Njaaager {Switch Client ~.Preference~, ~ Sign Off { N_alp r A.Gouk ~xisN@%is { T~rEr?s a ~onditn.I~s { CgnSa~k..tJ& ~~Sl~ ~gpyrfc h~:Q 2Q06 lexESNex s a divLlon of Reed Efsavier Inc. Aft rights reserved. http:/;www.lexis.com/researcb/retrieve?_m=a91a91022cOb~44565f9f7208f36e967b&docnum=2&_fintstr=... 6;12/2008 ~~~~~ a x„, ,_ ._,~. ~..,. /. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907} 283-7535 /Fax: (907} 283-3014 www.ci.kenai.ak.us FROM: Carol L. Freas, Clerk DATE: July 10, 2008 i RE: GI3`Y OF KENE5ty2D03 PiTBLIC ®FFICIAL FINANCL9L .DISCLOSURE S~`tfTE_NIENT City Attorney Graves and I discussed making changes to the 2009 Public Qfficiat Financial. Disclosure Statement and decided to incorporate into it the request made by Council Member Swarner at the July 2, 2005 council meeting, i.e. directing filers to include on extra pages, the schedule and filer's name: Because there is a substitute ordinance being considered, our intention would be to WaSt ll3ihi after diSCilSSiGn grid paSSag~°- of the ardmaice, and then TnCCrpQrate any further changes into the Statement and then bring it back for council's approval at either the August 6 or 20 council meeting. If you have any questions, please contact us. 25 CTT1(pF ICENAT ~00~ PUBLIC ~FFICI~L FINANCIAL C9I~CLf9SE1RE STATEMENT BACIC~RC+t1ND INFt3RMATIG-N 1: This report is for City of Kenai Planning & Zoning Commission members; incumbent City of Kenai municipal officers; City of Kenai municipal candidates; and incumbent Mayor and CounciP Members. 2. This report is for the preceding calendar year, so include any information about financial interests held between January 1, 2008 and December 81, 2008. 3. You must showyour financial interests and those held by your spouse, nan-dependent children residing with you, ar dependent children during the preceding calendar year. 4. If you need help, ca(I the Kenai City Clerk at (907) 283-7535, extension 231. 5. BIN THIB REPORT DN THE LAST Pdla~E. NAME: (phone) (Fax numher) G)ccLIPATIG)N: MAILING; ADDRESS: (Current Street Address or Post Office Box} (E-Mail Address) (Cite/Yawn and Zip Code) OFFICE I=;€LC OR ~O~G~T TERM OF OFFICE: From to TITLE: TYPE C)F STATEMENT (CHECK ONE): ^ CANDIDATE STATEMENT Must be filed with your declaration of candidacy ^ INITIAL STATEMENT For newly appointed municipal officers ^ ANNUAL STATEMENT Due by Apra) 95. SPOtlSE: DEPENDENT CHILDREN: NON-DEPENDENT CHILDREN RESIDING WITH yOflJ 26 If additional pages are needed to list informarion, include the schedule and your name at the top of each extra page. SCHEDULE A SOURCES OF INCOME OVER ~1,OOi) Salaried Employment If NONE reportable, check box u Report the name of each employer who paid yau, your spouse, non-dependent children residing with you, dependent children more than $1,000 during calendar year 2008. Name of filer, spouse, or child:, Employer's Name: Name of filer, spouse, or child:, Employer's Name: Name of filer, spouse, or child: Employer's Name: Name of filer, spouse, or child: Employer`s Name: Self-Employment If NONE reportable, check box ^ List the name and address of each self-employment business that was a source of income of more than $1,000 for you, your spouse, non-dependent children residing with you, or dependent child during calendar year 2007. Tf the business isnon-retail, list the first and last name of eactr client or customer who paid the business over $2,00a. Self-employment includes: sole proprietor, partnership, limited liability rnmpany, shareholder in a professional corporation; or if you held (individually or with another family member) more than 50% of the stock in a corporatia,. Name of filer, spouse, or child: Business Name: Retail ^ Non-Retail ^ (If you check non-retail, list clients/customers below.) Name of client/customer: Name of filer, spouse, or child: Business Name: Retail ^ Non-Retail ^ (If you check non-retail, list clients/customers below.) Name of client/customer: 2009 City of Kenai Financial Disclosure Statement Page 2 27 If additiorzal pages are needed to List information, include the schedule and your name at the top of each extra page. SCHEDULE A SOURCES OF TNCf7ME OVER SiA00 Rental Sncome Lf NONE r o ble chec List the first and last name of each tenant from whom over'$1,000 was received during calendar year 2008. if property is located outside Alaska and managed by a person other than you, your spouse, non- dependent children residing with you, or dependent child, you may list the managing agent instead of listing each tenant. Owner (filer, spouse, or child} 3enant(s) Recipient (flier, spouse, ar child) Name of Source of Income .> Other Income _____ Lf NONE reportable, check box ^ List each source of income over $1,000 not fisted elsewhere on this statement, including income from II 1` Iw... 4M.. ........~ C 44.. M 1 I pubifC a55istani.e, wor kel ~~ l.Gf~Ipell~ai.IGil, Uf1e111pIVYn'Ient, uic not uc G~ Inc uUyer Gf real prGpaciy'; sGGial security; retirement; the name of the person who paid alimony or child support; government entitlements; i honoraria and shared living expenses. Recipient{flier, spouse, or chiid} Name of Source Name ®f Source 2009 City of Kenai Financial Disclosure Statement Page 3 28 If additional pages are needed to List information, include the schedule and your name at the tap of each extra pane.. SCHEDULE B BUSINESSINTERES75 Business Interests If NONE re ortable, check box Ci! Report all business interests even if they were not sources of income to you, your spouse, non-dependent child residing with you, ar dependent child during calendar year 2008. • List ownership interests of more than $1,000 as a shareholder in publicly traded stocks, that are not fisted elsewhere on this form. (A list of the names of publiclytraded stocks such as IMB or Intel may be listed by name only on a separate page.) • List ownership interests in non-pubiidy traded companies such as a sole proprietor, shareholder, owner, partner, officer, or director including ownership interests in native corporations. • List interests in limited liability companies. • List director or officer position in profit and non-profit organizations. Describe the business activity with sufficient detail to tell a reader what the organization actually does. Name of filer, spause, ar child Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of flier, spause, or chill Business Name: Business Address: Nature of Interest: tlacrripti(?n of Raiainccc`~ArFiyitir, Name of filer, spause, ar Child: Business Business Nature of Description. of Business's Activity: Name of filer, spause, or chill Business Business Nature of Description of Business`s Activity: 2009 City of Kenai Financial Disclosure Statement Page 4 29 If additional pages are needed to list inforneatiory include the schedule and your name at the top of each extra page. Real Pro Interests If NONE re ortable cheek box ^ Report all property interests such as your home, neighboring lots, rent to own home, rental property, vacant, recreational, business property or limited partnerships including real estate interests held in an LLC; ar held through a trust or sold during calendar year 2008. Include a street address, city and state or complete legal description for each piece of property listed. ®a not use mile post markers or post office boxes. Use copies of this page if you need additional space to complete this section. Name of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: {Option to Buy, Ownership, Leasehold} Name of filler, spouse, or child:- Street Address or Legal Description: 5CtiEDULE C REAL PROPERTY INTERESTSlREN7 TO OWN Current Use (Optional) Current Use (Optional} City or Borough and Nature of (Option to Buy, Ownership, Leasehald) Current Use (Optional) Name of filer, spouse, ar child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, or Current Use (Optional} Street Address or Legal Description: City or Borough and Nature of (Option to Buy, Ownership, Leasehold) Current Use (Optional) 2009 City of Kenai Financial Disclosure Statement Page 5 30 If addi&onaipages are needed to list irxformation, incude the schedule and your name at the top of each extra page. seti'ErsuLE m BENEFICIAL INTEREST IN TRUSTS >ac RETIREMENT ACC®UNTS Exceeding $1,®~0 Trusts & Retirement Accounts If N®NE re ortable check box ^ Report each beneficial interest in a trust or retirement account held by you, your spouse, non-dependent children residing with you, or dependent children that exceeded $1,000 during calendar year 2008. Retirement accounts include employee benefit accounts (pension and profit-sharing atcountsl. and retirement accaunts LIRA, 403K, SEP or Keoghl. Assets of a trust or retirement account include stocks, bonds, mutual funds, cash accounts, CA's, real property. . Name the trustor (the person or emniover who provided the funds ar assets for the trust or retirement account). If a trust or retirement account is self directed, also list the assets by name such as IBM stock or Templeton Growth Fund. Name of filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entty who provided the funds or assets {Trustor). Name(s) of the stocks, bonds, mutuaV funds or other assets contained in the retirement account or trust. Name of filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who or assets (Trustor). Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. Name of filer, Spouse, gr child: Extent of Interest (Percent) Name of the person, employer or entity who provVded the funds or assets (Trustor}. Names} of the stocks, bonds, mutual funds orother assets contained In the retirement accountor trust. Name off filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Truskor). Names} of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. 2009 City of Kenai Financial Disclosure Statement Page 6 31 Suggested by: City Attorney CIT'§f C?F KENAI fAKCE NO. 2323-2008 AA? ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.85 BY: 1) UPDATING THE FINANCIAL REPORTING REQUIREMENTS FOR MUNICIPAL OFFICERS AND CANDIDATES CONTAINED IN KMC 1.85.020; AND, 2) INCLUDING THE MEMBERS OF THE PLANNING AND ZONING COMMISSION IN THE DEFINITION OF °MUNICIPAL OFFIGER IN KMC 1.85.070; AND, INCLUDING STOCKBROKERS AND FINANCIAL ADVISORS IN THE LIST OF PROFESSIONALS SUBJECT TO MODIFIED REQUIREMENTS I\? KMC 1.85.D30. WHEREAS, the financial reporting requirements for municipal officers and candidates in KMC 1.85.020(b)(1) incorporated by reference the state's requirements in AS 39.50.030(b) as of 1996; and, WHEREAS, the State of Alaska has amended the requirements of AS 39.50.030(b)(1) since 1996; and, WHEREAS, it is in the best interest of the Gity of Kenai to update the reporting requirements in KMC 1.85; and, WHEREAS, if there is a conflict in the state and city reporting requirements, the more stringent rules prevail over the less stringent; and, WHEREAS, it is in the best interest of the Gity to specifically delineate the reporting requirements in KMC 1.85 rather than incorporate a state statute by reference; and, WHEREAS, the changes to the city's financial disclosure requirements in this ordinance require reporting sources of income over $1,004 for municipal officers and candidates, and the officer's or candidate's spouse, dependent children and non- dependent children residing with the officer or candidate, but do not require the reporting of amounts of income; and, WHEREAS, current definition of "municipal officer" contained u1 KMC 1.85.070 does not include members of the Planning and Zoning Commission, but city Flanning and Zoning Commission Members are including in the state financial disclosure reporting requirements; anal, WHEREAS, members of the Kenai Planning and Zoning Commission should be included in the definition of "municipal officer" under the city's financial disclosure requirements in KMC 1.85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.85 is amended as follows: 13 Ordinance No. 2323-2008 Page 2 of 4 SECTION ONE 1.85.®20 ~antents of statement. {a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer ar candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects need not be identified. (b) The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate. (1) [THAT INFORMATION REQUIRED fi0 BE REPORTED BY THE STATE UNDER AS 39.50.030(bj;j The source of all income over $1 000 during the preceding j21 The identity by name and address of each business in which the municipal officer_or_candidate and officer's or candidate's spouse, dependent children u The identity of each trust or other fiduciary relation in which the extent of the beneficial interest in it' (~ Anv Loan or loan atzara dependent children residing with the officer or candidate and the identity of the maker of the loan or loan euarantor and the identity of each creditor to whom the municipal officer or candidate and officer's or candidate's spouse, dependent clvldren only ;f the t~fan nr miarantPP was made or the indebtedness incurred, Burins the 14 publicly traded corporation need not be included. (~ The identify and nature of each interest in real property, iricludine an Ordinance No. 2323-2048 Page 3 of 4 A list of all contracts and offers to contract urith the state or an instrumentality of the state during the preceding calendar year held, bid, or offered by the municipal officer or candidate and officer's or candidate's spouse dependent children and non-dependent children residing with the officer or candidate, a partnership limited liability or professional corporation of which the person is a .,member or a corporation in which the municipal officer or candidate and officer's or and non-dependent children residing with the officer or candidate or a combination of them holds a controlling interest: UC(21) A list of all contracts, bids, or offers to contract with the Ciiy of Kenai during the preceding year, by the municipal officer or candidate, and the officer's or officer or candidate, including those made through a proprietorship, partnership, limited liability company or corporation in which [HE OR A MEMBER OF HIS FAMILY] children and non-dependent chlldren residzna with. the otncer or canmaate or a combination of them, holds a controlling interest; 1~?l[t3]] A description of each business or financial dealzng, transaction, or arrangement over $1 000 by a municipal officer or candidate and-the officer's or candidate's spouse dependent children and non-dependent children residing with the officer or candidate entered into with any atYier municipal officer of the City of Kenai. (c) The statement shall be filed on a form prescribed by the City Clerk. SECTION TWO 1.85.030 Modified requirements fox professionals. Notwithstanding other provisions of this chapter, medical doctors, dentists, psychologists, certified public accountants, stock brokers or financial advisors and attorneys are not required to disclose, as sources of income, the names of individual patients or clients who receive professional services. Spouses of medical doctors, dentists, psychologists, certified public accountants, and attorneys are not required to disclose the names of their spouses, individual patients, or clients who receive professional. service. This exemption shall not apply to the identity of any corporation ar other business entity having a contract with the professional producing income of X5,000 or more for services to its members or a defined group, nor to the identity of clients receiving sen~ices that do not fall within the candidate's or official's field of professional expertise. 15 Ordinance No. 2323-2008 Page 4 of 4 SECTION THREE 1.85.Q?0 Definitions as used in this chapter (a) "Municipal Officers means the Mayor, City Manager, Members of the Council, Members of the Plannins and Zonine Commission. City Attorney and City CIerk. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALAS1fA, this second da_y of July, 2008. ATTEST: Carol L. Freas, City CIerk PAT PORTER, MAYOR Introduced: June 18, 2008 Adopted: July 2, 2008 Effective: August 2, 2008 16 ," K7~ ~ ~~~. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 "~ Telephone: (907) 283-7535 /Fax: (907} 283-3014 -,s ~r~. www.ci.kenai.ak,us ~ the city o f' Ldt~l~ 1..~ 111t'i T0: j Mayor Porter azid the Kenai City Council FROM: (~b Cary R. Graves, City Attorney DATE: 3une '12, 2008 RE: Financial Drsclosare ©rdinanee (No. 2323-2008) In this packet is Ordinance ivio. 2322-2008 authorizing a ballot proposition to exempt municipal officers and candidates from the state APOC requirements of AS 39.50. PFthe ballot proposition passes, the city's financial disclosure ordinance will take aver. However, when KMC 1.85.020 was amended in 1996 it incorporated the reporting requirements of AS 39.50.030(b). See Attachment "A." KMC 1.85.020(b)(1) now reads that, "The statement filed. shall include the following information relating to the municipal officer or candidate and the offrcer's or candidate's spouse, dependent children and non-dependent children residing. with the officer or candidate. That information required to be re on rted "by the state under AS 39.50.030frrj." (Emphasis added}. The reference to AS 39.50.030(b} can be interpreted to two ways It can be interpreted to mean AS 39,50.030(b} as it was in 1996 when it was incorporated by reference or AS 34.50.030(b) as it is now, The difference is important since AS 39.50.030(b} has had significant changes since 1996. Included in the changes is the 2008 requirement that amounts of income be reported. It is my interpretation that the reference to AS 39.50.030(b) in the ordinance means that the state law as is was in 1996 is incorporated. The comtnon law rule is that incorporation by reference to specific law incorporates only the provisions referred to at the time of adoption without subsequent amendments unless there is an express statement (e.g. "as amended"} or Strang implication of the intent to incorporate subsequent amendments Singer, Sutherland Slatulory Construction, Section ~ 1.08 at 27Q (6`~' ed. 2000). A copy of AS 39.50.030(b) as it was in 1996 is included as Attachment B. It is also noteworthy that Planning and Zoning Commissioners are not required to file disclosure statements under KMC 1,.85 since they are not included in the definition of "Municipal Officer" 17 under KMC 1.85.070. That section defines."Municipal Officer" as the Mayor, Council Members, the City Attorney, City Manager and City Clerk." I thought that given the proposed ballot proposition; KMC 1.85 should be amended to olarify the reference to AS 39.50.030(b1 and to include Planning and Zoning Commissioners. Given the timeline before the election, the changes needed to be introduced for introduction on the Lune 18`", 2008 meeting. That does, however, leave plenty of time for vnendments to the ordinance at the public hearing on .Tiny 2, 2008. Please let me know if you have any questions. 18 Suggested by: Council CITY OF KENAI ORDINANCE NO. 1?O1-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 1.85.020(b) TO REMOVE SOME CONFLICTS BETWEEN STATE AND CITY RE(~UIREMENTS FOR FINANCIAL DISCLOSURE AND REPORTING CONFLICTS OP INTEREST. WHEREAS, fhe State of Alaska reporting requirements for financial disclosure and conflict of interest under AS 39.50.030 are generally more strict than the reporting requirements under KMC 1.8S.02fl; and WHEREAS, when the reporting requirements are in conflict fife City must follow the mare restrictive of state or city law; and WHEREAS, it is ir. the best interest of the Cit}° of Kenai to structure its conflict of interest and disclosure requirements to more closely coincide with the State of Alaska's requirements; NOW, 'fI3F,REFORE, BE I'I' ORDAWED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA TEIAT KMC 1.85.02D(h) is amended to read as follows: 1.85.D20 Contents of Statement: {b) The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate[.]; (1} [THE SOURCE OF ALL INCOME OF $1,OOD OR MORE RECEIVED AS D1vTDEND5 OR INTERESTI That ul~rmation reouired to bo reported by, the state under AS 34.50.030(bl; (2} [THE SOURCE OF ALL OTHER INCOME OVER $S,OOD INCLUDING CAPITAL GAINS, RECEIVED DURING THE PRECEDING CALENDAR YEAR] A list of all contracts bids or offers to contract with the family or a combination of them hold a controlline interest; (3) [TAE NAME AND ADDRESS OF EACH BUSINESS ENTITY OWNED OR IN WHICH AN IN'T'EREST WAS .HELD DURING THE PRECEDING CALENDAR YEAR, INCLUDING A STATEMENT OF THE NA'T'URE OF THE INTEREST OWNED OR HELD] A description of each _ [(4) THE NAME AND ADDRESS OF EACH BUSINESS IN WHTCTI HE IS AN OFFICER, DIRECTOR, MANAGER, OR EMPLOYEE DURING THE PRECEDING CALENDAR YEAR; Kt eMVMipt{~I'6~ee pve (S) A DESCRIPTION OF EACH IN"I'E12EST Ih~ REAL PROPERTY AND A STATEMENT OF THE NATURE CDF THE INTEREST OWNED; (6) EACH LOAN, LOAN GUARANTEB, OR OTHER INDEBTEDNESS OF $5,00© OR MORE, INCLUDNG THE II7ENT'ITY OF THE MAKER OF THE LOAN AND EACH CREDITOR AND THE NATURE AND TERMS OF THE TRANSACTION; (7) A LIST OF ALL CONTRACTS, BIDS, OR OFFERS TO CONTRACT WITH THE CITY OF KENAi DURING THE PRECEDING YEAR, INCLUDING THOSE MADE THROUGFI A PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION IN WHICH HE OR A MEMBER OF HIS PAMILY, CJR A COMBINATION OF THEM, HOLD A CONTROLLING INTEREST; (8) A LIST OF EACH MINERAL, TIMBER, 4IL, OR OTHER NATURAL RESOURCE LEASE HELD, OR LEASE OFFER MADE DURING THE PRECEDING CALENDAR YEAR, INCLUDING THOSE HELD OR MADE BY A PARTNERSHIP OR PROFESSIONAL CORPORATION', OR A CORPORATION IN WHICH THE OFFICER, CANDIDATE, HIS SPOUSE OR CHILDREN, OR A COMBINATION OF THEM, HOLD A CONTROLLING INTEREST; AND, (9} A DESCRIPTION OF EACH BUSINESS OR FINANCIAL DEALING, TRANSACTION, OR ARRANGEMENT ENTERED INTO WSTH ANY OTHER MUNICIPAL OFFICER OF THE CITY OF KENAi.i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 'day of June, 1996. ATTEST: ~~~.~~ Carol L. Freas, City Clerk Introduced: June 5, 1946 Adapted: June 19, 1996 Effective: 3uly 1.9, 1996 May 15, 1996 (sp) 20 1.85,024 Contents of Statement: (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Flousehold goads and personal effects need not be identified. (lr) The statement filed shall include the following information relating to the mnnicipal afficar or candidate and the officer's ar candidate's spouse, dependent children and non- dependent children residing with the officer or candidate: (l) That information required to be reported by the state under AS 39.50.030(b); {2) A list of all contracts, bids; or offers to contract with the City of Kenai during the preceding year, including those made through a proprietorship, partnership, ar corporation in which he or a member of his family, or a combination of them, hold a controlling interest; {3) A description of each business or financial dealing, transaction, ar arrangement entered into with any other municipal officer of the City of Kenai.. (c) The statement shall be filed an a form prescribed by the City C1erK. 21 Search - 2 Results - as 39.50.030 Page 1 of 3 tiwitc#~ CliAinl: ~ f'`rRle~'sncc~a 1 $irr. ~JS! I (I^;i=1e-i: AdvesorCaunsel Salectar Source: Legal. > / ... / > AK ~ Alaska Statutes, 1996 ;~~ Terms: as 39.60:03D {E_drt Search I $uggest.Terms for My Search I FeecJpack,on Your Search) Select for FOCUST"" or Delivery ~`:,i Alaska Sfat. § 39.50.030 ALASKA STATUTES Copyright O 1962-1996 by The State of Alaska All rights reserved. *** ARCHIVE MATERIAL *** *** THIS SECTION IS CURRENT THROUGH THE 1996 SUPPLEMENT *** *** (1996 REGULAR & 1ST SPECIAL SESSION OF THE LEGISLATURE) *** TITLE 39. PUBLIC OFFICERS AND EMPLOYEES CHAPTER 50. CONFLICT OF INTEREST Alaska Stat. § 39.50.6330 (199&} Sec. 33.50.030. Contents of statements ~n,r.,~ r i r~~~ (a} Each statement shall be an accurate representation of the financial affairs of the public official or candidate and shall contain the same information for each member of the person's family, as specified in (b) of this section, to the extent that it is ascertainable by the public official or candidate. An asset or liability under $500, household goods, and personal effects need not be identified. (b} Each statement filed by a public official or candidate under this chapter shall include the following: 111 the source of ail income over $1.90 during the preceding ralandar year, jnriilriir,g raxat,le and nontaxable capital gains, received by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (2) the identity, by name and address, of each business in which the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person was a stockholder, owner, officer, director, partner, proprietor, or employee during the preceding calendar year; (3) the identity and nature of each interest owned in any business during the preceding calendar year by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (4} the identity and nature of each interest in real property, including an option to buy, owned at any time during the preceding calendar year by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (5) the identity of each trust or other fiduciary relation in which the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person held a beneficial interest during the preceding calendar year, a description and identification,of the property contained in each trust or relation, and the nature and extent of the beneficial interest in it; http:/lwww.lexis.cornlresearchlretrieve?_i ~`~~~`~~~`=.®B~e ie967b&docnum=2&_fintstr=... 6/12/2008 Search - 2 Results - as 39.50.030 Fage 2 of 3 (6) any loan ar loan guarantee made to the person, the person`s spouse or dependent child, or a nondependent ch8d of the person who is (iving with .that person, and the identity of the maker of the loan or loan guarantor and the identity of each creditor to whom the person, the person's spouse or dependent hild, or a nondependent child of the person who fives with that. person owed $500 or more; (7) a list of all contracts nd offers to contract with the state or an instrumentality of the state during the preceding calendar year held, bid, or offered by the person, the person's spouse ar dependent child, a nondependent child of the person who is living with that person, the person's mother or father, or a corporation in which the. person or the person's spouse or children, or a combination of them, hold a controlling interest; and (8) a fist of ail mineral, timber, oil, or any other natural resource lease held, or lease offer made, during the preceding calendar year by the person, the person's dependent child, a nondependent child of the person who is [iving with that person, the person's mother or father, a partnership or professional corporation of which the person is a member, or a corporation in which the person or the person's spouse or children, or a combination of them, holds a controlling interest, (c} [Repealed, ~ 26 ch 25 SLA 1975.E HISTORY: (1974 Initiative Proposal No. 2, g 1; am §§ 3, 4, 26 ch 25 SLA 1975} NOTES: OPINIONS OF ATTORNEY GENERAL. --Requiring an attorney who is a public official to d(sclose the names of clients, including the clients of the firm, is valid and legally supportable; and disclosure of such names does not violate any constitutional or professional privi{eges, February 15, 1985 Op. Att'y Gen. NOTES TO DECISIONS TO DETERMINE THE VALIDITY OF THE DISCLOSURE PROVISIONS OF THE CONFLSCT OF INTEREST LAW, `oth the nature and the extent of the privacy invasion and the strength of the state interest requiring aisclosure must be considered. Falcon y_Alaska. Pubs Offices Comm'n, 570.1!, 2d 469„(A(g51<a X977},., CERTAIN TYPES OF INFORMATION COMMUNICATED IN THE CONTEXT OF THE PHYSICIAN-PATIENT RELATIONSHTP FALL WITHIN ACONSTITUTIONALLY-PROTECTED ZONE OF PRIVACY. Falcon v. Alaska Pub. G~f_c.~~ C~rr~m'r},_570_P.,2~ 46,~_(Alaska_i977~ PATIENT OF A PHYSICIAN IS A CLIENT FOR MEDICAL SERVICES and falls within the scope of this chapter. Falcon v. Alaska Pub.~O,ffces Comm'n 570 P..2d 469 (Alaska 1~77}~ AND SOURCE OF INCOME. --The Conflict of Interest law encompasses a physician's individual patients as sources of income, Falco.,n_y. Riaska Pub. Offsg _~omm'n 570 P,_ d 469 Alaska 1977_,}_. REPORTING INDIVIDUAL NAMES OF PHYSICIAN'S PATIENTS. --Until appropriate regulations are promulgated, the Conflict of Interest law may not be applied so as to require reporting the names of individual patients of a physician. Falcon v. Alaska Pub. ~iqe~ Co~rm'n, 570 P.2d.469~A1a_s_f<a_197~,. APPLIED_IN.Wai'ren vwThomas 568 P.2d 400_(Alaska 1977 , USER NOTE: For more generally applicable notes, see notes under the First section of this article, chapter or title. Source: ~.,~,gOJ,> l ... /> AK -Alaska Statutes, 1895 Terms: as 39.50.030 (1=r~lt_$earch (Suggest Ter~nS f9rfv}[+,,.$aarch j Faedbac! _o0,_Your $gar,~~i.} View: Full 3te/7ime: Thursday, June 12, 2008 - 5:43 PM EDT http:/lwww.Iexis.com/researehlretrieve?_m=a91 a91022cOb65f9f7208f36e967b&docnum=2&_frntsh=... 6J 12/2008 Search - 2 Results - as 39.50.030 Page 3 of 3 Searckk ~ Res..e.~rch,_Tasks (Get a_DQqument ~ Shepard S®~ Alerts (TransaGt~oSla..l. Advisor I ir,g~nsel Selector yLskply { (gllv_ery_Njaaager {Switch Client ~.Preference~, ~ Sign Off { N_alp r A.Gouk ~xisN@%is { T~rEr?s a ~onditn.I~s { CgnSa~k..tJ& ~~Sl~ ~gpyrfc h~:Q 2Q06 lexESNex s a divLlon of Reed Efsavier Inc. Aft rights reserved. http:/;www.lexis.com/researcb/retrieve?_m=a91a91022cOb~44565f9f7208f36e967b&docnum=2&_fintstr=... 6;12/2008 ~~~~~ a x„, ,_ ._,~. ~..,. /. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907} 283-7535 /Fax: (907} 283-3014 www.ci.kenai.ak.us FROM: Carol L. Freas, Clerk DATE: July 10, 2008 i RE: GI3`Y OF KENE5ty2D03 PiTBLIC ®FFICIAL FINANCL9L .DISCLOSURE S~`tfTE_NIENT City Attorney Graves and I discussed making changes to the 2009 Public Qfficiat Financial. Disclosure Statement and decided to incorporate into it the request made by Council Member Swarner at the July 2, 2005 council meeting, i.e. directing filers to include on extra pages, the schedule and filer's name: Because there is a substitute ordinance being considered, our intention would be to WaSt ll3ihi after diSCilSSiGn grid paSSag~°- of the ardmaice, and then TnCCrpQrate any further changes into the Statement and then bring it back for council's approval at either the August 6 or 20 council meeting. If you have any questions, please contact us. 25 CTT1(pF ICENAT ~00~ PUBLIC ~FFICI~L FINANCIAL C9I~CLf9SE1RE STATEMENT BACIC~RC+t1ND INFt3RMATIG-N 1: This report is for City of Kenai Planning & Zoning Commission members; incumbent City of Kenai municipal officers; City of Kenai municipal candidates; and incumbent Mayor and CounciP Members. 2. This report is for the preceding calendar year, so include any information about financial interests held between January 1, 2008 and December 81, 2008. 3. You must showyour financial interests and those held by your spouse, nan-dependent children residing with you, ar dependent children during the preceding calendar year. 4. If you need help, ca(I the Kenai City Clerk at (907) 283-7535, extension 231. 5. BIN THIB REPORT DN THE LAST Pdla~E. NAME: (phone) (Fax numher) G)ccLIPATIG)N: MAILING; ADDRESS: (Current Street Address or Post Office Box} (E-Mail Address) (Cite/Yawn and Zip Code) OFFICE I=;€LC OR ~O~G~T TERM OF OFFICE: From to TITLE: TYPE C)F STATEMENT (CHECK ONE): ^ CANDIDATE STATEMENT Must be filed with your declaration of candidacy ^ INITIAL STATEMENT For newly appointed municipal officers ^ ANNUAL STATEMENT Due by Apra) 95. SPOtlSE: DEPENDENT CHILDREN: NON-DEPENDENT CHILDREN RESIDING WITH yOflJ 26 If additional pages are needed to list informarion, include the schedule and your name at the top of each extra page. SCHEDULE A SOURCES OF INCOME OVER ~1,OOi) Salaried Employment If NONE reportable, check box u Report the name of each employer who paid yau, your spouse, non-dependent children residing with you, dependent children more than $1,000 during calendar year 2008. Name of filer, spouse, or child:, Employer's Name: Name of filer, spouse, or child:, Employer's Name: Name of filer, spouse, or child: Employer's Name: Name of filer, spouse, or child: Employer`s Name: Self-Employment If NONE reportable, check box ^ List the name and address of each self-employment business that was a source of income of more than $1,000 for you, your spouse, non-dependent children residing with you, or dependent child during calendar year 2007. Tf the business isnon-retail, list the first and last name of eactr client or customer who paid the business over $2,00a. Self-employment includes: sole proprietor, partnership, limited liability rnmpany, shareholder in a professional corporation; or if you held (individually or with another family member) more than 50% of the stock in a corporatia,. Name of filer, spouse, or child: Business Name: Retail ^ Non-Retail ^ (If you check non-retail, list clients/customers below.) Name of client/customer: Name of filer, spouse, or child: Business Name: Retail ^ Non-Retail ^ (If you check non-retail, list clients/customers below.) Name of client/customer: 2009 City of Kenai Financial Disclosure Statement Page 2 27 If additiorzal pages are needed to List information, include the schedule and your name at the top of each extra page. SCHEDULE A SOURCES OF TNCf7ME OVER SiA00 Rental Sncome Lf NONE r o ble chec List the first and last name of each tenant from whom over'$1,000 was received during calendar year 2008. if property is located outside Alaska and managed by a person other than you, your spouse, non- dependent children residing with you, or dependent child, you may list the managing agent instead of listing each tenant. Owner (filer, spouse, or child} 3enant(s) Recipient (flier, spouse, ar child) Name of Source of Income .> Other Income _____ Lf NONE reportable, check box ^ List each source of income over $1,000 not fisted elsewhere on this statement, including income from II 1` Iw... 4M.. ........~ C 44.. M 1 I pubifC a55istani.e, wor kel ~~ l.Gf~Ipell~ai.IGil, Uf1e111pIVYn'Ient, uic not uc G~ Inc uUyer Gf real prGpaciy'; sGGial security; retirement; the name of the person who paid alimony or child support; government entitlements; i honoraria and shared living expenses. Recipient{flier, spouse, or chiid} Name of Source Name ®f Source 2009 City of Kenai Financial Disclosure Statement Page 3 28 If additional pages are needed to List information, include the schedule and your name at the tap of each extra pane.. SCHEDULE B BUSINESSINTERES75 Business Interests If NONE re ortable, check box Ci! Report all business interests even if they were not sources of income to you, your spouse, non-dependent child residing with you, ar dependent child during calendar year 2008. • List ownership interests of more than $1,000 as a shareholder in publicly traded stocks, that are not fisted elsewhere on this form. (A list of the names of publiclytraded stocks such as IMB or Intel may be listed by name only on a separate page.) • List ownership interests in non-pubiidy traded companies such as a sole proprietor, shareholder, owner, partner, officer, or director including ownership interests in native corporations. • List interests in limited liability companies. • List director or officer position in profit and non-profit organizations. Describe the business activity with sufficient detail to tell a reader what the organization actually does. Name of filer, spause, ar child Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of flier, spause, or chill Business Name: Business Address: Nature of Interest: tlacrripti(?n of Raiainccc`~ArFiyitir, Name of filer, spause, ar Child: Business Business Nature of Description. of Business's Activity: Name of filer, spause, or chill Business Business Nature of Description of Business`s Activity: 2009 City of Kenai Financial Disclosure Statement Page 4 29 If additional pages are needed to list inforneatiory include the schedule and your name at the top of each extra page. Real Pro Interests If NONE re ortable cheek box ^ Report all property interests such as your home, neighboring lots, rent to own home, rental property, vacant, recreational, business property or limited partnerships including real estate interests held in an LLC; ar held through a trust or sold during calendar year 2008. Include a street address, city and state or complete legal description for each piece of property listed. ®a not use mile post markers or post office boxes. Use copies of this page if you need additional space to complete this section. Name of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: {Option to Buy, Ownership, Leasehold} Name of filler, spouse, or child:- Street Address or Legal Description: 5CtiEDULE C REAL PROPERTY INTERESTSlREN7 TO OWN Current Use (Optional) Current Use (Optional} City or Borough and Nature of (Option to Buy, Ownership, Leasehald) Current Use (Optional) Name of filer, spouse, ar child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, or Current Use (Optional} Street Address or Legal Description: City or Borough and Nature of (Option to Buy, Ownership, Leasehold) Current Use (Optional) 2009 City of Kenai Financial Disclosure Statement Page 5 30 If addi&onaipages are needed to list irxformation, incude the schedule and your name at the top of each extra page. seti'ErsuLE m BENEFICIAL INTEREST IN TRUSTS >ac RETIREMENT ACC®UNTS Exceeding $1,®~0 Trusts & Retirement Accounts If N®NE re ortable check box ^ Report each beneficial interest in a trust or retirement account held by you, your spouse, non-dependent children residing with you, or dependent children that exceeded $1,000 during calendar year 2008. Retirement accounts include employee benefit accounts (pension and profit-sharing atcountsl. and retirement accaunts LIRA, 403K, SEP or Keoghl. Assets of a trust or retirement account include stocks, bonds, mutual funds, cash accounts, CA's, real property. . Name the trustor (the person or emniover who provided the funds ar assets for the trust or retirement account). If a trust or retirement account is self directed, also list the assets by name such as IBM stock or Templeton Growth Fund. Name of filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entty who provided the funds or assets {Trustor). Name(s) of the stocks, bonds, mutuaV funds or other assets contained in the retirement account or trust. Name of filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who or assets (Trustor). Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. Name of filer, Spouse, gr child: Extent of Interest (Percent) Name of the person, employer or entity who provVded the funds or assets (Trustor}. Names} of the stocks, bonds, mutual funds orother assets contained In the retirement accountor trust. Name off filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Truskor). Names} of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. 2009 City of Kenai Financial Disclosure Statement Page 6 31 If additional pages are needed to list information, include the schedule and your name at the top of each extra page. SCHEDULE E LOANS. LOAN GUARANTEES. AND DEBTS OF X1,000 OR WIORE tVATURAL RESOURCE LEASES Loans, Laan Guarantees, and Debts Yf NONE reportable, cheek box ^ Report the name of each creditor or lender to whom more than fi1,00D was owed during calendar year 2008 by you, your spouse, non-dependent children residing with you, or dependent children. List financial obligations including mortgages on property sold during calendar year 2008; loans that have been guaranteed; delinquent taxes, alimony, child support payments; medical bills; mortgage, boat and auto loans; business and personal loans; escrow's; student loans; signature loans; and promissory notes. Loans include secured, unsecured and contingent loans. Do not report credit card obligations or revolving charge accounts. Circle whether the entity is a lender, creditor or guarantor. Name of Debtor (filer, spouse, or child) Name of Debtor,(filer, spouse, or child) Name of Debtor (filer, spouse, or child) Name of Debtor (Eller, spouse, or child) Name of Lender/CreditorJGuarantor Name of Lander/C7editor/Guarantor Name of Lender(Creditor/Guarantor Name of Lender/CreditorJGuarantor Name of Debtor (filer, spouse, or child) Name of Lender/CreditorJGuarantor Name of Debtor (filer, spouse, or child) Name of Lender/Credltnr/Guarantor Natural Resource Leases If NONE reportable, check box ^ List all natural resource leases, indudtng mineral, timber, or oil leases bid, held, or offered during calendar year 2008. Report this information #or yourself, your spouse, non-dependent children residing with you, or dependent child who was a sole proprietor, a partnership or professional corporation of which you are a member; or a corporation In which you or your family members fisted above (or a combination of them) held a controlling interest. Leaseholder Nature of Lease Indicate: Bid, held, or offer made Identity of Lease and Description Leaseholder Nature of Lease Indicate: Bid, held, or offer made Identity of Lease and Description 2009 City of Kenai ~inancia! Disclosure Statement Page 7 32 If additional pages are needed to list information, include the schedule and your name at the top of each extra page. SCHEDULE E LOANS. LOAN GUARANTEES. AND DEBTS OF X1,000 OR WIORE tVATURAL RESOURCE LEASES Loans, Laan Guarantees, and Debts Yf NONE reportable, cheek box ^ Report the name of each creditor or lender to whom more than fi1,00D was owed during calendar year 2008 by you, your spouse, non-dependent children residing with you, or dependent children. List financial obligations including mortgages on property sold during calendar year 2008; loans that have been guaranteed; delinquent taxes, alimony, child support payments; medical bills; mortgage, boat and auto loans; business and personal loans; escrow's; student loans; signature loans; and promissory notes. Loans include secured, unsecured and contingent loans. Do not report credit card obligations or revolving charge accounts. Circle whether the entity is a lender, creditor or guarantor. Name of Debtor (filer, spouse, or child) Name of Debtor,(filer, spouse, or child) Name of Debtor (filer, spouse, or child) Name of Debtor (Eller, spouse, or child) Name of Lender/CreditorJGuarantor Name of Lander/C7editor/Guarantor Name of Lender(Creditor/Guarantor Name of Lender/CreditorJGuarantor Name of Debtor (filer, spouse, or child) Name of Lender/CreditorJGuarantor Name of Debtor (filer, spouse, or child) Name of Lender/Credltnr/Guarantor Natural Resource Leases If NONE reportable, check box ^ List all natural resource leases, indudtng mineral, timber, or oil leases bid, held, or offered during calendar year 2008. Report this information #or yourself, your spouse, non-dependent children residing with you, or dependent child who was a sole proprietor, a partnership or professional corporation of which you are a member; or a corporation In which you or your family members fisted above (or a combination of them) held a controlling interest. Leaseholder Nature of Lease Indicate: Bid, held, or offer made Identity of Lease and Description Leaseholder Nature of Lease Indicate: Bid, held, or offer made Identity of Lease and Description 2009 City of Kenai ~inancia! Disclosure Statement Page 7 32 If additional pages are rzeeded to list information, inciude the schedule and your name at the top of each extra page. SCHEDULE F GOVERN6~9ENT CONTRACTS AND LEASES Contracts and Offers to cnectc Llst a!I contracts and offers to contract with the state or instrumentality of the state ar a municipality during calendar year 2608 held, bid or offered. Report this information for yourself, your spouse, non-dependent children residing with you, or dependent children who was a sole proprietor, a partnership or professional corporation of which you are a member; or a corporation in which you or your family members listed above (or a combination of them) held a controlling interesk. Names} of Contractor Indicate: Bid, held ar offer made Name(s) of Contractor Indicate: Bid, held or offer made Contracting Agency/Department Contract number and descripdon Contracting AgencyjDepartment Cont2ct number and description SCHEDULE G - CONTRACTS AND OFFERS TO CONTRACT WITH SHE CITY OF KENAI Contracts and Offers is ContracC If NONE re ortabte check box ^ List all contracts and offers to contract with the City of Kenai during calendar year 2666 held, bid or offered. Report this information for yourself, your spouse, non-dependent children residing with you, or dependent children who was a sole proprietor, a partnership or professional corporation of which you are a member; or a corporation in which you or your family members listed above (or a combination of them) held a controlling interest. Name(s) of Contractor Sndicate: Bid, held ar offer made Name{s) of Contractor Indicate: Bid, held or offer made Name(s) of Contractor Indicate: Bid, held or offer made Name(s) of Contractor Indicate: Bid, held or offer made 2009 City of Kenai Financial Disclosure Statement Page 8 Contracting Agency(Department Contract number and description Contracting Agehcy(Department Contract number and description Contracting Agency/Department Contract number and description Contracting AgencyJDepartment Contract number and description 33 If additional pages are needed to tist information, include the schedule and gour name at th.e top of each extra page. SCHEDULE H BUSINESS OR FFNANCIAL DEALING WYTH ANY MUNICIRAL OFFICER' OF THE C1TY OF KENAI Business or Financial Dealing If NONE reportable, check bax List a!I business or financial dealing with any municipal officer of the City of Kenai during caBemdar year ZOQ8. Report this information for yourself, your spouse, non'dependent children residing with you, or dependent children who was a sole proprietor, a partnership or professional corporation of which you are a member; or a corporation in which you or your family members listed above (or a wmbination of them) held a controlling interest, Name of fifer, spause, or Business Nama: Business Address: Nature of Description of Business's Activity: Name of fifer, spouse, or child: Business Name: Business Address: Nature of Interest: Description of Business`s Activity: Name of filer, spouse, or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of filer, spouse, or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: 204 City of Kenai Financial Disclosure Statement Page 9 34 If additionalpages are needed to list information, include the schedule and your name at the top of each extra page. C~F2TIFICATIQN Where to file this Statement: MUNICIPAL OFFICIALS AND CANDIDATES -- File Statements with the Kenai City Clerk 210 FidaEgo A~renrae Kenai, AK 9961Y Telephone: (907) 288-7586, extension 231 Fax: (907)288-5068 2009 City of Kenai Financial Disclosure Statement Page 10 35 SUBSTITUTE Suggested by: Councilor Molloy CITY OF IYENAI ORDYNANCE NO. 2323-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.$5 BY: 1) UPDATING THE FINANCIAL REPORTING REQUIREMENTS FOR MUNICIPAL OFFICERS AND CANDIDATES CONTAINED IN KMC 1.85.020; AND, 2) INCLUDING THE MEMBERS OF THE PLAI~TNING AND ZONING COMMISSION IN THE DEFINITION OF "MUNICIPAL OFFICER" iN KMC 1.85.070; AND, 3) ADDING DEFINITIONS FOR "DOMESTIC PARTNER," "HEALTH CARE PROVIDER," AND "COVERED INDIVIDUAL"; AND, 4) INCLUDING STOCKBROKERS, FINANCIAL ADVISORS AND HEALTH CARE PROVIDERS IN THE LIST OF PROFESSIONALS SUBJECT TO MODIFIED REQUIREMENTS IN KMC 1.85.030. WHEREAS, .the nnancial reporting requirements for municipal officers and candidates irr KMC 1.85.020(b)(1) incorporated by reference the state's requirements in AS 39.50.030(b) as of 1996; and, WHEREAS, the State of Alaska has amended the requirements of AS 39.50.030(b) since 1996; and, WHEREAS, it is in the best interest of the City of Kenai to update the reporting requirements in KMC 1.85; and, WHEREAS, if there is a conflict in the state and city reporting requirements, the more stringent rules prevail over the iess stringent; and., WHEREAS, it is in the best interest of the City to specifically delineate the reporting requirements in KMC 1.85 rather than incorporate a state statute by reference; and, WHEREAS, the changes to the city's financial disclosure requirements in this ordinance require reporting sources of income over $1,000 far municipal officers and candidates,'and the officer's orcandidate's spouse, dependent children and non- dependent children residing with the a~cer or candidate, but do not require the reporting of amounts of income; and, WHEREAS, health care providers, stock brokers and financial advisors should be included in the list of professionals subject to the modified requirements in KMC 1.85.030; and, WHEREAS, current definition of "municipal officer" contained in KMC 1.85.070 does not include members of the Planning and Zoning Commission, but City Planning and Zoning Commission Members are included in the state financial disclosure reporting requirements; and, 36 Substitute Ordinance No. 2323-2008 Page 2 of 5 WHEREAS, members of the Kenai Planning and Zoning Commission should be included ih the definition of "municipal officer" under the city's financial disclosure requirements in KMC 1.85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.85 is amended as follows: SECTION ONE 1.85.020 Coxcteats of statement. (a} The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income for the, , officer's or candidate's spouse, domestic partner, dependent children; and non- dependent children residing with the officer or candidate (covered individuall, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects need not be identified. (bj The statement filed shall include the following information relating to the covered individual {MUNICIPAL OFFICER OR CANDIDATE AND THE OFFICER'S OR CANDIDATE'S SPOUSE, DEPENDENT CHILDREN AND NON-DEPENDENT CHILDREN RESIDING WITH THE OFFICER OR CANDIDATE]. (1) [THAT INFORMATION REQUIRED TORE REPORTED BY THE STATE UNDER AS 39.50.030(b);] The source of all income over $1 000 during the preeedine covered individual has an interest or was a stockholder owner, officer, director partner proprietor or employee durine the preceding calendar year except that an interest of less than $1 000 in the stock of a pubficly traded corporation need not be inclu_ded• f5) 37 ~eaz a description and identification of the property contained m each trust or paxaeraph requires disclosure of a loan loan euarantee. note or maeoteaness omv n Substitute Ordinance Na. 2323-2008 Page 3 of 5 ' the loan guarantee or note was made or the indebtedness incuzxed, durine the year Credit cards accounts revolvins charge accounts, health care bills and oblieations and Internal Revenue Service, child support and alimony claims and ll ll A list of all mineral timber, oil, or any other natural resource Lease held, o_r lease offer made during the precedine calendar veer by the covered individuate j8][(2}] A list of all contracts, bids, or offers to contract with the City of Kenai during the preceding year [INCLUDING THOSE MADE THROUGH A PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION IN WHICH HE OR A MEMBER OF HIS FAMILY, OR A COMBINATION OF THEM, HOLDS A CONTROLLING INTEREST} which are made offered or aereed to by the covered inditriduai; (9j[(3)] A description of each business or financial dealing, transaction, or arrangement over $1,000 by a covered indi~~idual entered into with. any [OTHER] municipal officer of the City of Kenai. j161 If a covered individual as defined in KMC 1.85.0701b1 is a sole proprietor or SECTION TWO I.$5.03C! Mociifaed requirements fox professianals. Notwithstanding other provisions of this chapter, [MEDICAL DOCTORS, DENTISTS, PSYCHOLOGISTS] health care providers, certified public accountants, stock brokers or fmaneial advisors and attorneys are not required to disclose, as sources of income, the names of individual patients or clients who receive professional services. Covered individuals who are the spouses or domestic partners of [MEDICAL DOCTORS, DENTISTS, PSYCHOLOGISTS] health care providers, certified public accountants; stock brokers or financial advisors and attorneys are not required to disclose the names of their professional spouse's or domestic partner's individual patients or clients who receive professional service. This exemption shall not apply to the identity of any corporation or other business entity having a contract with the professional producing income of $5,000 or more for sernices to its members or a 38 proprietorshippartnership limited liability company corporation professional corporation' or other business entity. (c) The statement Shah be died ail a fai xn prescr~bcd by u'Ic Cii}% C12rii grid approved by a resolution of the Kenai City Council. Substitute Ordinance No. 2323-2008 Page 4 of 5 defined group, nor to the identity of clients receiving services that do not fail within the covered individual's [CANDIDATE'S OR OFFICIAL'S] field of professional expertise. SECTION THREE 1.85.070 Definitions as used in thss chapter (a) "Municipal Officer'' means the Mayor, City Manager, Members of the Council, Members of the Planning and Zoning Commission, City Attorney and City Clerk. jb] "Covered individual" means a municipal officer or candidate and the municipal of'ficer's or candidate's spouse domestic partner dependent children and non- dependent children residing with the officer or candidate. (c "Domestic partner" means a person who is cohabitating with another person in 1~ "Health Care Provider" means an acupuncturist licensed under AS 08.06, an audiologist or speech language pathologist licensed under AS 08.11. a chiropractor licensed under AS 08.20. a dental hygienist &censed under AS AS 08 45 an optometrist licensed under AS 08 72, a pharmacist licensed under AS 08 80 a physical therapist or occupational therapist licensed under AS under AS 08.86. {B) `] "Source of income` means an employer, other person, or entity paying "- °- r-- ----=- compensation, dividends, or interest, airecuy or indis'ectiy, iui moo, ~~~es, products, or investments. If the income being reported is derived from employment by a sole proprietorship, partnership, limited liability company. corporation, professional corporation or other business entity in which the reportingperson, spouse, domestic partner, dependent children or nondependent children residing with the reporting person, or a combination of them, hold a controlling interest, that proprietorship, partnership, limited Iiabi&tv company, corporation, professional corporafion or other business entity may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers, or if KMC 1.85.030 applies. In all other cases, the clients or customers of the proprietorship, partnership, limited liability company, corporation, professional corporation or other business entity shall be listed as sources of income of the covered individual [PERSON WHOSE INCOME IS BEING REPORTED, THE SPOUSE, CHILDREN, OR A COMBINATION OF THEM HOLDING A CONTROLLING INTEREST]. 39 Substitute Ordinance No. 2323-2008 Page 5 of 5 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th of July, 2008. PAT PORTER,. MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 18, 2008 Adopted: July 16, 2008 Effective: August 16, 2008 40 CITY ®~ ICERIAI Zl0 F1DALG0 AVA, KENAM, ALASPA 94fi11-7744 '~•. 'fEI,EPHGNE: 407-283-?535 PAX: 907-283.3014 TO: Mayor Porter and the Kenai City Council FROM: Cary R. Graves, City Attontey DATE: Gr~~ July 10, 2008 R)/: Summary of Substitute ®rdinance 2323-2008Chauges Here is a summary aPthe changes in Substitute Ordinance No. 2323-2008. 1. For stylistic purposes, the term "covered individual" was defined in KMC 1,85.070{b) and used in place of the phrase "municipal officer or candidate and. the muricipal officer's or candidate's spouse, domestic partner, dependent children and non-dependent children residing with the officer or cardidate." 2. "Domestic partner" was added to the lisC of covered iardividuals. 3. "Health caze provider" was defined in KMC 1.85.070(4) and replaced "medical doctors,. dentists, psychologists" in I{MC 1.85.030 (Modified requirements for professionals). 4. Subsection KMC t.85.020(b)(10) was added. 5. Subsection KMC 1.85.020(c) was amended to provide that the Council approves the disclosure form. by resolution. 6. KMC i.85.020(b)(5) was amended to provide thai,"(ejredit card accounts, revaivit2g charge accounts, health care bills and obligations, and Internal Revenus Service, child support, and alimony claims and obligations are exempt from this paragraph and are not required to be reported." 7. The definition of "Source of income" in KMC 1.85.070(e) was clarified. 8. The application of the modified requirements for spouses of professionals in KMC 1.85.030 was also olarlfied. 41 Suggested by: AdministrationfCouncll CITY OF KENAI QRDINANCE NO. 2326-20Q8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.22.010 AND ENACTING A NEW SECTION OF THE KENAI MUNICIPAL CODE (KMC 7.30.020) TO ESTABLISH A NEW INVESTMENT POLICY FOR THE AIRPORT LAND SALE PERMANENT FUND. WHEREAS, KMC 7.30.010 (Airport Land Sale Permanent Fund) sets forth the requirements for handling the proceeds from the sale of Airport Land; and, WHEREAS, the Airport Land Sale Permanent Fund is essentially an endowment, the investment proceeds of which are to be used for Airport Fund operations and capital needs; and, WHEREAS, endowments are typically invested with a longer term investment horizon than other municipal funds; and, WHEREAS, longer term investments such as equity investments and bond investments with maturity dates longer than five years carry higher risk and greater volatility than short term bond investments; and, WHEREAS, these types of investments generally have higher average returns than short term bond investments when considered over the long term; and, WH_F,RFAS; it is in the best interest of the City of Kenai to permit the use of equity securities and longer term bond securities for the Airport Land Sale Permanent Fund because such investments are expected to generate higher returns over time and thus better meet the financial needs of the Airport Fund; and,. WHEREAS, using a percent of market value approach for distributing Airport Land Sale Permanent Fund assets will provide for a relatively consistent stream of income to the Airport Fund. NOW, THEREFORE, BE IT ORDAFNED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, 1) KMC 7.22.010 is amended as set forth in Section I below; and, 2) that the City of Kenai Code of Ordinances is hereby amended by adding a new section to be numbered 7.30.020 which shall read as set forth in Section tI below. SECTION I 7.22.OI0 Scope and objectives. 42 Ordinance No. 2326-2008 Page 2 of 4 {a) This Chapter applies to the investment of all City monies held in a1LCity funds, except for pension and refirement monies, [AND] deferred compensation accounts[~j and the Airport Land Sale Permanent Fund which shall be governed by KMC 7.30. {b) The City's investment portfolio shall be managed so that the portfolio, as a whole, meets the objectives set forth below. All. persons selecting investments for City monies shall adhere to these objectives, which are listed in order of relative importance: [1] Safety of Principal; [2j Maintaining sufficient liquidity to .meet the City's cash flow requirements, and [3j Achieving a reasonable market average rate of return. SECTION II '7.30.020 Investments. {al The permanent fund shall be managed by the finance director with the followin¢ conditions: (1j The finance director will contract out the management of the Airport Land Sale Permanent Fund investments with one or more professional investment (2j The fund shall be invested in such types oY mcome proaucma mveszmenzs limited by section U Authorized Investments below and as shall be specifically desienated by resolution annually usually during the budeet process, in the fOTm of an aSSet ailoCatlOYi plan Txic aSaet aiiOCatlGn elan will have SpeCL~C CatEQOIICS Of mVeStSnentS With perCenta~e tar~etS that a110W fOr reaSOnal3le fluctuations above and below the tareet percentaee The plan will establish benchmarks for evaluating performance of each investment manager and. asset classification Investments shall be managed such that the tarset ranges of the asset allocation plan aze adhered to. (3) All income derived from investment of the Airport Permanent Fund, includine interest income realized Qains and undistributed earnings shall be included in the corpus of the Fund and be invested in accordance with section tbl Authorized Investments. (4) Appropriations from the permanent fund may be made as follows: In any fiscal veer an amount not to exceed five f 51 percent of the five (S)wear average of the market values following the effective date of this ordinance will be averaeed to calculate the average fund market value. {S) For the first year FY 2009 the appropriation from the fund shall net exceed the lesser of a) or b1 below: a) 5% of the market value of the fund at the effective date of this ordinance 43 Ordinance No. 2326-2008 Page 3 of 4 b) the increase in the market value of the fund from the effective date of uhss ordinance to May 31, 2009. (6) For the second year FY 2010 the appropriation from the fund shall not exceed the lesser of a) and b) below: b} the increase in the market value of the fund from the effective gate of u ordinance to Mav 31 2010 less the amount appropriated for FY 2009. (bl Authorized Investments for the Airport Permanent Fund (I) Investments authorized by KMC 7.22.030 (2) Coroorate obligations of investment Grade auality as ~ (3) Domestic Equities which taken as a whole attempt to mirror the characteristics or replicate the Standard L~ Poor's 500 Tndex. including both mutual funds and exchange traded funds (ETF's). (4) Domestic Equities which taken as a whole attempt to replicate the Standard 8r, Poor`s 400 Mid-Cap Index including both mutual funds and exchange traded funds (ETF's). (5) Domestic Equities which taken as a whole attempt to replicate the Standard tip. Poor's 600 Small-Can Index. including both rnu.tual funds and exchange traded funds (ETF'sl. (6) International Eguites which taken as a whole attempt to replicate the Morgan i7~ Egu,t`es which tancx p c - a ti'~e univ°rse o. dem..., real-estate investment trusts as represented by the Standard & Poor's REIT composite index including both mutual funds and exchange traded funds ETF's . (8) Emer~in~ Market Equities which taken as a whole attempt to replicate the Morgan Stanley Emerging Market Index including both mutual funds and exchange traded funds fETF's cl Officers and employees involved in the investmen~rocess shalt refrain from personal business activity that could conflict with proper execution of the investment grogram or which could impair their abifity to make impartial investment decisions. Such employees and investment officials shall disclose confidentially to the City Manager any material financial interests in financial institutions that conduct business with the City. Employees and officers shall subordinate their personal investment transactions to those of the City, particularly with regard tg the timing of urchases and sales 44 Ordinance No. 2326-200$ Page 4 of 4 investment portfolio ixx terms of tz°ansactions during the quarter maturities, risk characteristics and investment return compared with bud~etarv expectations The Returns. agent for the City. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk intrOdu.Cc^d: u uis' 2, 2vvv Adopted: July lEr, 2008 Effective: August 16, 2008 Approved by Finance: /~~ (06 f 24 f 2008} hl 45 ~\ ~~~~~ ti ~~ -- tkt city o f ItENA1vvA1.ASKA ,~I/illa~e wit~t ~ Past, Git~ wit~t a F~.tur`e,~ 210 Fidalga Avenue, Kenai, Alaska 99611-7794 11 i~~p~ Telephone: 907-283-7535 /FAX: 907-283-3014 9 iii 1992 MEMO: TO: Cifiy Council FROM: Rick Koch DATE: June 26, 2008 SUBJECT: Ordinance No. 2326-2008 The Administration. recommends approval of the above referenced ordinance amending the Kenai. Municipal Code (KMC) to establish a new investment policy for the airport land sale permanent fund.. While the investment strategies that. will be allowed by this amendment carry additional risk, these investment strategies generally generate higher average returns over the Long term. This investment strategy is appropriate for a fund such. as this that is basically an endowment. Wlvle this strategy is designed to produce a stable return of five-percent for appropriation to airport operations, for the first two years the appropriation from the permanent will bo limited to the funds earungs, capped at five-percent per yeaz. This will provide a safeguard against a market downturn during the initial two-years of implementation of this investment policy. if you have any questions, please contact me at your conveneince. 46 MEMORANDUM To: Riclc Koch, City Manager From: Larry Semmens, Finance Directo .Date: dune 24, 2008 Subject: Airport Land. Sale Permanent Fund investment Ordinance Ordinance 2236-2008 provides for investment of the Airport Land Sale Permanent Fund in equity instruments and longer-teen bonds including corporate bonds. The expectation is that over a long time horizon accepting the increased volatility and risk associated with these investment classes will enhance returns. The ordinance also provides the mechanism by which money can be taken out of the Fund, and stipulates that such appropriations may only be used to support Airport operations or capital needs. The mechanism is known as `percent of market value' and. is a oammon method to utilize endowment fund earnings, The percent to be used is 5% ofmarket value except in the first two years, which could be less if earnings are less than 5%. This wilt protect the corpus of the fund. for two years. Specifically, the ordinance allows investment in stocks via mutual funds or exchange traded funds (ETF's) in six categories: Large capitalization stocks intended to duplicate the SceP 500 index Mid-capitalization stocks intended to duplicate the S&P 400 index Small capitalization stocks intended to duplicate the S8~P 600 index Real estate trust stocks intended to duplicate the S&P REiT Composite index Inter°natianal stocks intended to duplicate the Morgan Stanley EAFE index Emerging Market stocks intended to duplicate the Morgan Stanley Emerging Market index Bond investments will include imjestment grade corporate bonds as well as longer term government bonds. The actual target allocation of the investments will be done annually by resolution. A draft copy of the resolution is attached. It sets aut target ranges of the above investment classes and pravides benchmarks against which the managers and the portfolio will be measured. 47 The recommended asset allocation is exactly as was presented by Bert Wagnon of Alaska Permanent Capital. It is 55% equity and 4S% fixed income with. a projected. return of 7.4$% and a standard deviation of 11.34%. :Equities are divided into all of the above asset classes with 5% to small cap, real estate and emerging markets, 10% to mid cap and international and ?0% to large cap. The allocation provides good diversification and should outperform the investments currently allowed over the long term. However, it should be sty°essed that the standard deviation of 1134% indicates that returns can be expected to range between almost 19% and negative 4% in any given year, The council will receive quarteciy investment results with comparison to benchmark. performance. 1 recommend that Council adopt the ordinance and the resolution setting the asset allocation. Over th.e long teen with this approach the Airport Land Sale Permanent Fund should produce more cash, as well as a more consistent annual amotmt, to fund the Airport. 48 Draft Included as backup to Ord 2236-2008 introduction RESOLU'T'ION XXXX A I2'ESOLUTION OF THE CITI' OF KENAI PERTAINING TO 1'HE INVESTMENT ALLOCATIONS OF TI-IE AIRPORT PERMANENT PUIv'D AND ESTABLISHII~'G APPROPRIATE BENCHMARKS TO MEASURE PERP'ORMAFICE WHEREAS, the Cit}= council is authorized to establish investtnent policies for the Airport Permanent l~tuzd; and WT-IEREAS, the KMC 7.30.050 (b) permits invesunent of the Airport Permanent Fund in various asset classes. and the council believes that', establishing asset allocation criteria for these various asset classes is in the best interest of the City of Kenai, and WHEREAS, the council intends to anmialhy review the asset allocations and performance of the Airport Permanent Fund, and WHF_I2LAS, providing benchmarks to measure the performance of the fund is prudent; NOW, THEREFOR BE TT RESOLVED BY TI-IE CITY COUNCIL OF THE CITY OF ICENAI that Section l : the council adopts the asset allocations and performance tneasurentent standards as follows: AirpOrl Permaa~etx Fund asset allocation plan and performance measurernent targets. The asset allocution plan and target weightings with range restriction are as follows: ASSET CLASS Fixed Tncotne Large-Cap Domestic Equity International Equity Mici-Cap Equities Small-Cap Equities International F.,merging Markets Reef-estrate equities TARGET % WEIGHTING RANGE °/a 45 25-65 20 15-25 IO 5-15 10 5-15 5 U-10 5 0-10 5 0-10 49 Section 2: the performance of the fund and investment managers will be measured as follows: Performance measurement of the Fixed Income allocation will be measured against the Target weighting, using the Lehman lnterTnecliate Goveniment/Credit Index for the benchmark. Per'foemance measurement of the Larga-Cap Domestic Equity allocation will be measured against the Target weighting, using Che Standard & Paor's 500 Lndex for the benchmark. Performance measurement of the International Equity allocation will be measured against the Target weighting; using the Morgan Stanley Europe, Australisia, Far East (EAFE) Index fvr tlae bencinnark. Performance measurement of the Mid-Cap Equity allocation will be measured against the Target weighting, using the Standard & Poor's 400 Mid-Cap Index as the benchmark. Performance measureanent of the Srtiafl-Cap Equity allocation will be measured against the Target weighting, using the Standard & Poor's 600 Small-Cap Index as the benchmark. Per-tonnance meastu-ement of the International Emerging Mv-ket allocation will be measurefl agaiarst the Target weighting, using the Morgan Stanley )emerging Market 132dcx as the banclvnark. Performance measurement of the. Real-Estate Equities allocation will be measured against thc~ target weighting, using the Standard & Poor's REIT Composite Index as the benchmari<. rJO Suggested by: Planning and Zoning ca~r~ o~ x~IV~a ®xntaaarrcE ivy. zs2a-zoos AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING A PORTION OF LOT 4, FBO SUBDIVISION NO. 7 AND LOT 5, FBO SUBDIVISION NO. 8 FROM CONSERVATION TO LIGHT INDUSTRIAL. WHEREAS, the 2003 City of Kenai Comprehensive Plan recommended a revision of zoning of airport properties to comply with future expected uses; and, WHEREAS, the Airport Supplemental Plan supports rezone of airport lands to allow for Federal Aviation Authority (FAA} authorized uses; and, WHEREAS, the area to be rezoned is subdivided; and, WHEREAS, the area to be rezoned includes parcels zoned Light Industrial {IL) and Conservation (C); and, VdHEREAS, the rezone will eliminate asplit-zone situation; and; WHEREAS, the rezoning to Light Industrial would permit uses as allowed by the Federal Aviation Authority (FAA} and consistent with airport development; and, WHEREAS, the Planning and Zoning Commission held a public hearing on June '~=., '2~Q$ ar=rl voted unaZ21m0'~?Sly *_a recom_mend Ll'1e propertieg be rezoned; and, WHEREAS. the area to be rezoned is shown on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to the Light Industrial zone (IL). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended as Shawn. on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16~ day of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas; City Clerk Introduced: July 2, 200$ Adopted: July 16, 2008 Effective: August 16, 2008 51 Ordinance No. 2327-2008 Attachment A Legend ~m.~,.a .,~,..,.~ wm....~4, ~,~.am..,. 52 f ~~~_ _ CITY O,F RENAI ,~-~-' PLANNING AND ZONING COMMISSION RESOLUTION NO. PZOS-34' tk~~rr~af REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OP KENAI RECOMMENDING APPROVAL TO THE KENAI CTTY COU':~ICIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Rick Koch City Manager City of Kenai :ADDRESS: 210 Fidalao Avenue, Kenai, AK 99611 LEGAL: Lot 4 FBO Sub No 7 & Lot 5. FBO Sub No. fk PARCEL #: 04336040 & 04336043 WHEREAS, the Commission finds the following: 1. The subject properties are currently zoned Split lCanservation & Light Industxial~& Conservation 2. The present land use plan designation is Airport Industrial &Airport-Dependent Development District 3. The proposed zoning district is IL -Light Industrial 4. F.n appropriate public hearing as required :vas ceaducted June 25 2008 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Plamxing and Zoning Commission of the City of Kenai that the petitioned REZONING of Lot 4, FBO Sub. No 7 & Lot 5 PBO Suh No 8 as shown on Attachment B is hereby recommended to the Kenai City Council. PASSED BY THE I'I.ANNIIVG AND ZONING CON4IvIISSION OF THE CITY OF+ KEIVAI, ALASKA, June 25.2008. t r~ CHAIRI'ERSO. ": ~ ATTES~:°" R, .t.,v,~.~ _ 53 ®rdinance No. 2327-2008 54 Proposed Rezone Suggested by: Planning and Zoning CITY OF KENAI ORDINANCE NO. 2328-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT A, GUSTY SUBDIVISION NO. 3, TRACT B, GUSTY SUBDIVISION NO. 6, AND TRACT C-1, GUSTY SUBDIVISION NO. 7 FROM CONSERVATION TO LIGHT INDUSTRIAL. WHEREAS, the 2003 City of Kenai Comprehensive Plan recommended a revision of zoning of airport properties to comply with future expected uses; and, WHEREAS, the Airport Supplemental Plan supports rezone of airport lands to allow for Federal Aviation Authority (FAA) authorized uses; and, WHEREAS, the area to be rezoned is subdivided; and, WHEREAS, the parcels are zoned Conservation (C); and, WHEREAS, the rezoning to Light Industrial would permit uses as allowed by the Federal Aviation Authority (FAA) and consistent with airport development; and, WHEREAS, the Planning and Zoning Commission held a public hearing on June 25, 2608 and voted unanimously to recommend the properties be rezoned; and, WHEREAS, the area to be rezoned is shown on Attachment A; and, WHEREAS, it is u1 the best interest of the City of Kenai to rezone the azea shown on Attachment A to the Light Industrial zone (IL), NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, Zoos. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 2, 2068 Adopted: July 16, 2008 Effective: August 16, 2008 55 Ordinance No. 2328-2008 Attachment A Legend 56 'vim' ~. CITY OF KENAI __ ~ PLANNING AND ZONING COIVIMISSION ~" ^'" RESOLUTION NO. PZO8-35 \~ tHeoityoF REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OP KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Rick Koch, City Manaeer, Citv of Kenai ADDRESS: 210 Eidal~o Avenue. Kenai, AK 9961 I LEGAL: Tract A Gusty Subdivision No 3. Tract B. Gusty Subdivision No 6 and Treat C-l, Gusty Subdivision No 7 PARCEL #: 04327021. 04327035 & 04327034 WHEREAS, the Commission finds the following: 1. The subject properties are currently zoned Conservation 2. The present land use plan designation is Airport Industrial 3. The proposed zoning district is IL - Lieht Industrial 4. An appropriate public hearing as required was conducted June 25.2005 5. That the following additional facts have been found. to east: G. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6. and. Tract C-1. Gusty Subdivision No. 7 as shown on Attachment B is hereby recommended to the Kenai City Council PASSED I3I' THE PLANNING AND ZONING COMMISSIONS' OF THE CIT`I' OF KENAI, ALASKA, 3une 25, 2008. £~ ~ '~ CHAIRPERSON: ~ I~ '~' ATTEST: ~,ctl~ l 57 Ordinance No. 232-204II 58 Propa~ed Rezane Suggested by: Planning and Zoning CITY' OF KENAI ®12IDINANCE NO. 2329-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT l.A OF BUFFALO RUN 2008 REPEAT (PRELIMINARY PLAT) CONSISTFNG OF APPROXIMATELY 72 ACRES FROM SUBURBAIlr RESIDENTIAL AND RURAL RESIDENTIAL TO RURAL RESIDENTIAL. ~JHEREAS, the owner of this property is in the process of replatting this property and as result of that plat asplit-zone was discovered; and, WHEREAS, the Planning and Zoning Administration recommended and the Commission concurred that prior to recording the final plat, a rezone should be initiated to eliminate the split-zone situation; and, WHEREAS, the owner of this property has initiated the request to rezone the property; and, WHEREAS, the property is currently zoned Suburban Residential and Rural Residential; and, WHEREAS, the Zoning Code, identifies the Suburban Residential zone as, "intended to provide for medium density residential development in areas which will be provided with common utility systems"; and, WHEREAS, the Zoning Code, identifies the Rural Residential zone as, "intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment'; and, WHEREAS, the request is to rezone the parcel to Rural Residential; and, WHEREAS, the 2003 City of Kenai Comprehensive Plan identifies the parcel as Neighborhood Residential and, WHEREAS, the 2003 City of Kenai Comprehensive Plan defines Neighborhood Residential as, "consists of single-family and multi-family residential areas that are urban or suburban in character. Typically, public water and sewer services are in place or planned for installation....'; and, WHEREAS, the area more closely identifies with the Rural Residential designation in the Plan which is defined as, "The Rural Residenfial district includes areas that, due to location or site conditions, are best suited for large-lot single-family residential development. Homes in this district typically rely on individual on-site eater supply and wastewater disposal systems....`:" ;and, 59 Ordinance No. 2329-2008 Page 2 WHEREAS, without extension of water and sewer mains, water and sewer is not available; and, WHEREAS, the request is to rezone the parcel to Rural Residential appears to meet the uztent of the zoning ordinance and the Comprehensive Plan; and, WHEREAS, the rezone will eliminate asplit-zone situation; and, WHEREAS, the Planning and Zoning Commission held a public hearing on June 25, 2008 and voted unanimously to recommend the properties be rezoned; and, WHEREAS, the azea to be rezoned is shaum on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment'A to the Rural Residential Zone (RR~. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16~h day of July 2008. PAT PflT2TFi~ It~If'_YOR ATTEST: Canal L. Freas, City Clerk Introduced: July 2, 2008 Adopted: July I6, 2008 Effective: August 16, 2008 60 Legend .._~ ~ m ~F~ o uw..a.® 61 Ordinance No. 2329-2008 Attachment A CITY OF IsENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ08-38 REZONE PEIdMIT A RESOLUTION OF THE PLANl~'1NG AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Bill E. Zubeck ADDRESS: 404 Swires Road Kenai Alaska 99611 LEGAL: Tract lA Buffalo Run 2008 Reniat PARCEL #: 04103045 & Portion of 04103046 WHEREAS, the Commission finds the following: 1. The subject property is currently ianed Suburban Residential & Rural Residential 2. The present land use plan designation is Neighborhood Residential 3. The proposed zaning district is Rural Residential 4. An appropriate public heazing as required was conducted June 25.2008 .,. Tl:at +,ne f llc:c:ug additional facts hake been found to exist: a. That the proposed rezone eliminates asplit-zone situation. 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE $E IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Tract lA. Beaffalo Rcen 200$ Repiat is hereby recommended to the Kenai City Council. 62 ®rdinance hlo. 2329-2003 63 Proposed Rozone Suggested by: Administration C%TY OF KENAI ORI)INFi,YCE NC7. 2334-20CD8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $?5,000 IN THE AIRPORT SPECIAL REVENUE FUND AND THE COURTHOUSE PARKING. CAPITAL PROJECT FUND FOR ENGINEERING. WHEREAS, the State of Alaska has requested the City of Kenai to construct a parking lot on City property adjacent to the Kenai Courthouse; and, WHEREAS, the State of Alaska intends to lease the parking lot from the City on a long term lease; and, WHEREAS, this lease would provide revenue to the Airport Fund; and, WHEREAS, it is in the best interest of the City of Kenai to design the parking Iot at this time; and, WHEREAS, funds are available in the fund balance of the Airport Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airnort Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $25,000 Increase Appropriators: Transfer to Capital Project Fund $25,000 Courthouse Parking Capital Proiect Fund Increase Estimated Revenues: Transfer from Airport Special Revenue Fund $25,000 Increase Appropriations: Construction $25,000 64 Ordinance 2330-2008 Page 2 PASSEb BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk .` Approved by Finance;_ f"~- (06/26/2008) hl Introduced: Adopted: Effective: July 2, 2008 July lb, 2008 July 16, 2008 65 "V'l~a~ge wit~i ~ Past, Ga`~ wit, a ~utur'e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 '^ Telephone: 907-253-7535 /FAX: 907-283-3014 1`~~~I -°.- i992 tl~e a' y~ a f KENAL IItASK{4 ~~ • TO: City Council FROM: Rick Koch DATE: June 26, 2008 SUBJECT: Ordinance No. 2330-2008, Courthouse Parking Lot The Administration recommends approval ofthe above referenced ordinance appropriating funding for the design of a municipal airport-owned parking lot located on airport property adjacent to the State of Alaska, Courthouse. The Court System has tentatively agreed to along-term lease for the parking tat from the airport, and received funding for that purpose in the SFY 09 operating budget. The airport investment in this project is projected to he fully recovered wit1iin a period of; ten years or less. If you have auy questions please contact me at your convenience. 66 Suggested by: Councilors Boyle, Molloy and SmaIley CITY OF KENAI ~RIDINANCE N®. 2331-2005 AIvT ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING A NEW SECTION OF THE KENAI MUNICIPAL CODE (KMC 13.20A40) TITLED "TRESPASS" MAKING IT A VIOLATION TO TRESPASS UPON REAL PROPERTY. WHEREAS, the City of Kenai Municipal Cade does not contain a section regarding trespass upon real property that is generally applicable to public or private property; and, WHEREAS, prevention and enforcement of trespass under state law is inadequate; and, WHEREAS, Kenai property owners, such as those located. on the Kenai River Bluff; do not have adequate means to prevent and. enforce trespass upon their property and the physical damage to the environment it can create; and, WHEREAS, 'as a home rule municipality, the City of Kenai has authority to enact its own trespass ordinance; and, WHEREAS, it is in the best interest. of the City of Kenai and its citizens to enact a generally applicable trespass ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE GOL'NCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a new section to be numbered KMC 13.20.040 which shall read as follows. 13.20.040 Trespass (a) It is a violation to remain or enter in or upon real property, whether publicly or privately owned, without permission or legal privilege when: { 1) the person has actual notice the property is not open to him or her, having been personally notified against the trespass by the property owner or someone with. apparent authority to act for the owner; or {2) there is fencing or other enclosure obviously designed to exclude intruders; or (3j in violation of reasonably marked and posted "No Trespassing" signs prohibiting or limiting entry or use of the property; or (4) the person is personally and lawfully directed or requested to leave the real property by the property owner or someone with. the apparent authority to act for the owner. (b) Violation of this section is punishable as provided in KMC 13.05.010. 67 Ordinance No. 2331-2008 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAT, ALASKA, this 16+~ day of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 2; 2008 Adopted: July 16, 2008 Effective: August 16, 2008 68 Suggested by: Administration CITY OF I~ENAI RESOLUTION N0.2008-G2 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PERTAINING TO THE INVESTMENT ALLOCATIONS OF THE AIRPORT PERMANENT FUND AND ESTABLISHING APPROPRIATE BENCHMARKS TO MEASURE PERFORMANCE. WHEREAS, the City of Kenai Council is authorized to establish investment policies far the Airport Permanent Fund; and, WHEREAS, the KMC 7.30.050 {b) permits investment of the Airport Permanent Fund in various asset classes and the Council believes that establishing asset allocation criteria for these various asset classes is in the best interest of the City of Kenai; and, WHEREAS, the Council intends to annually review the asset allocations and performance of the Airport Permanent Fund; and, WHEREAS, protriding benchmarks to measure the performance of the fund is prudent. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council adopts the asset allocations and performance measurement standards as follows: AIRPORT PERMANENT FUND ASSET ALLOCATION PLAN AND PERFORMANCE MEASIJ'REMEN'1` "T`ARGETS Section l: The Asset Allocation Plan and Target Weightings with range restrictions are as follows: ASSET CLASS TARGET % WEIGHTING RANGE Fixed Income 4S 40-65 Large-Cap Domestic Equity 20 15-25 International Equity 10 5-1 S Mid-Cap Equities ZO 5-10 Small-Cap Equities S 0-10 International Emerging Markets 5 0-IO Real-estate equities S 0-10 Section 2: The performance of the Fund. and investment managers will be measured as follows: Performance measurement of the Fixed Income allocation will be measured against the Target weighting, using the Lehman Intermediate Government/Credit Index for the benchmark. 69 Resolution No. 2008-42 Page 2 Performance measurement of the Large-Cap Bomestic Equity allocation will be measured against the Target weighting, using the Standard & Poor's 500 Index for the benchmark. Performance measurement of the International Equity allocation will be measured against the Target weighting, using the Morgan Stanley Europe, Australia, Far East (SAFE) Index for the benchmark. Ferformanee measurement of the Mid-Cap Equity allocation will be measured against the Target weighting, using the Standard &; Poor's 400 Mid-Cap Index as the benchmark. Performance measurement of the Small-Cap Equity allocation will be measured against the Target weighting, using the Standard 8v Poor's 600 Small-Cap Index as the benchmark. Performance measurement of the International Emerging Markets allocation will. be measured against the Target weighting, using the Morgan Stanley Emerging Markets' Index as the benchmark. Performance measurement of the Real-Estate Equities allocation will be measured against the target weighting, using the Standard & Poor's REiT Composite Index as the benchmark. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this l6th day of July nnnQ wvc~. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance:._ (07J08/2008) hl ~~ MFIVI®RANI7UM To: City Council Thraugh: Riclc Koch, City Manager From: Larry Semznens, Finance Biz°eator Bate: July 8, 2008 Subject: Benchmarlt Index information Airpart Permanent Fund allocation acid perfonnanee The attached as°e descriptions of the benchmark indexes for measuring performance of the Airport Permanent Fund investments. If you have questions about these indexes it may be best to asir them in advance of the meeting so I can be sure to have an answer. 71 w ~ ~. s ~t 'µ; 6 ~.'~ t~verview Tna US. GovernmenVCredil Index Is the non-sacuritized component of iho U.S. Aggregate Index and was the first macro Inde>: launched by Lehman Orelhars. 71^,e U.S. GovammonilCradiP Inder, includes Treasuries (i.a., pub(IC obligations o£ tfie U.S. Trc-asury that have remaining maturities of more than one ye2r). Gavarnmenl'-Related Issues (,e., agency, sovarelgn, supranational, and local authority debt), and USD Corporates. The U.S. OovernmenUCrodlt Index vas launchetl on January 1, 1879, with Index history backfilletl l0 1973, and is a suhset of the L'.S, Aggregate Index. a b:,: ~ e8 Cx'>v4. Related Z3.6 Corporate rs 7% Index Client Website KEY FEATURES www.lahmanlive.com o Daily index returns and statistics & Historical Ind EX tuna Series downloadaba Into Excel v Standardized market structure reports a Fully customizable viowa o Index primers and shelf reference documents e Latest index and poniollo strategies research publications Bloomberg Index Page cLENMa <13a TICKERS Treasury A0.7% Aran 62.5°/, 4a 5% A 14,8 oaa 13.2% Key stat{stics and returns o Total Retum Index Value: ! UGCTRUU <LUGCa aMDEXa s Since hlcepiicn Total Return: LUGCSIUU o Month to Dete Excess Return. LUGGER r Market Value: LUOCMVU a Yield to Worst L U^vCYW a Mod. Adj, Duration: L'JGCMC r Returns Mod. Atlj. Duration: LUGCI2MD r Avenge OAS: LUGCOAS e Ma~un y LUGCMAT POINT (Portfolio and Index Tool} KEY FEATURES Long Name: US GavarnmenttCrodit o Index level re(ums 2nd statistics Sheri Name: Govcred e Hislorica( Indax ecnsfituents +r Fully customizable market struc¢a~e reports e Urtlex dynan-,ics and turnover reports o Poniofio uploadlanalysis m Mulfl-fa.^.tor Global Risk Mddel n Portfolio psrformance attdbution :`sd Source and Frequency All index-eligible bonds are pricetl on a dairy bast=_, predominarltl•9 by Lohman Broti~ers traders. By secror, the source or security level pricing is as fc;icws~. s Treasury: Priced by Lohman Brothers traders on a daily basis, b Government-Related: A subset of approximately 2001iquid Agency debentures are prced bq Lehman Brothers traders on a daily basis, with the remaining bonds model pricad usine trader marks and updated curves. All bontls are Nader priced at mid month and month end. a Corporate: All bonds are marked by tractors at mid month and month end. Up to ^,000 actively traded benchmark corporate securities continue ie be pricetl by traders nn a daily basis. Less liquid bonds are mntlel/matrix prcec daily using these actively traded benchmark securities to generate Issuer pricing curves and populate a spread ratrix algorithm that accounts for hanges in the yield and sw-P curves _ __ Pricing Quotes roads guar ad< se ~P esltreasur e sp hm inal spraads aver berc mclua'tn g no fiery of wa y Bongs can be eu lsd-fir a v } p ~ y g m g i P sw p 'arm ar direct pace cotes as a gar^en,a e of ac Inmost mstarnns the cote t e used is a s Head measure rha results m as secu~it n_e than es from the movement of the undarl in carve (swa or treasur and/er cl,angos n the quoted spree Timing 3.00 pm (IVn W York time) each day. f; the fast business day of the month is a public holiday in the U.S. mark©L prices from the previous busyness day are us..c _ ..- • ~ ~-~ ~~~~ ~ ~~~ ~~ ~~~_••~~ -~ ~~~ ~ , BId or Offer Side 9 ial nee for new cemorate issues erterin iho index rs [he oitar side', Bonds hrlhe index arePnced on the bid sloe The init p after irat the bid side rice rs used Settlement Assumptions T+1 se¢lemen: basis for alt herds Veriftcatlon W,ulto-contrf..u.or vedficaticr: The primary price for each securiy !s anatyzed and oompe-ed to other third-party pacing soun;es through both statistical routines and scmtiny byy the research staff. Significant drscrepancias are rosearchao and corrected, as necessary, On ocoeslon, Inder, users may also challange price levels, which are then reviewed by the pricing laam. Pdces ere then updated as needed using input from the trading desk. New York London Tokyo Hong Kong Indoxna lehman,com londonlndexarouohlehmaacom tklndexhalo(cTlehman.com honokongasielndaxle~lehrnaa,com +1.212-526.74C'0 ^44-267-102-2229 +8i-3-8440-1770 +852-2252-6230 March 20D8 270 72 I.,~U~-t?vtrv~v B~a~rx~~.s U.S. Government/Credit Index Amount butstanding USD 250 mtliion miNmum Par amount ouistantling. Quality M.1s1 Ue rated mvesiment grade (Baa3'B6udB8B- or abnva) using the rnrddla rating o` Moody's S&P and rftch, respeclfvely, Maturity Seniority of bebY s When all three agencies rate an issue, a melon or "two out of three" rating is used to datermine indox eligibility by dropping the htghasf and lowest rating. a When a rating from only two agencies is available, the lower ("moll conservative"j of the two is used. w When a rating from only one agency is avalleble, drat rah'ng is used to determine index ellglblliPy. _.,-.,. m At lea:, ".... . ....,. ._,.,..~..:,. ~. ,_..,,.... _,.,,_..-,..,..... ...,..,........ ....,..... .:._...~.,.,~... _...... s' 1 year until final mat~rtty, recartlless of ophoralrty Far securities with coupons tl'!af e,onverf from fixed to floating-tale, at least ? year until the conversion date. ® Farpolual securities are indudod in the index prpvidetl they are caltaUle or their coupons switch from fixed Yo variable rat©. Those are hrgluded untU pne veer before their first call date, providing they meal' all ether Index criteria, . .. Secor and st.bordrnale'. ._ ...... .... ..._.......... ~ ..._,...._-._... - -.. ,....., - _..,_._.. .. ........ ._.. a issues are trio used ' Coupon Fixed-rate. Step-up coupons and coupons the! change according to a predetermined schedule are also included. Capita: securities with coupons that convert from fixed to floating-rate ere indar.-eligible, given that they are currently fixed-rate; the maturity date then oGUals the oonvarsian date. Fixed-to-floatlag rate Perpetual capital securities that do hat Nava coupon rate step-ups on their Prst ca"date wilt remain index eligible for dtalrfixod-rate t¢rm provided that they meet all other Index inclusion roles and exit the index or?e year prior Po tY,eir converson !o floating coupon, securilles (infer Ip _..._ Clonal Capital Securl(ies Index::=art Sheafr. „ _..,„..... ,.._, .._ -_ .......... ...__.._-..... - ..~._.,: _, ,.~...,... ........_ :-,.: ~.... -»,....,_.:....-._ ... ,...,.... .. C«rrcncy of Issue ac©c it JSD Denomin Mark¢E of Issue oEC-registered, fully tax»bl¢ issues. SEC Rule 144A eecuuties with Ragishetlon Rights are Inefuded, a security urAh both SEC Regulation S and SEC Rufe 744A Lanches is treated ea one security. To prevent double-counting, vde include the __ 144A tranche and exclude the Reg-v vanche: Issues with giobai market of issue are included. ,.,-.., ... ,... .,...-._.,. ...,.... .,..~.,..,.. -.. . .._...,..... _ ........,. _.._. _.. _.... . Semnit T p¢s Y Y Excludatl Included: ¢ Fixed-rate bullet, puttable e Bpnds vvith equity-type faatur»s (a.g., warrante, convortbllity and callable bonds antl sinking funds to equity) a Onginai issue zero coupon and untlenNriLen MTN F Private placements e Certifroztes or DePosii (as of VV2006) a Floating-taro !sues o SEC Rule 144A with registra±icn rights and a Structured notes with embedded swaps Regulation S secur,--ties s STRLaS, TIES, T-811IS, and Bellwethers e Fired-rate and fixed to floating capl[ai secuoties ~ sn %r'D Frequency The composition of the Returns Universe is rebalanced monthly ai each month end and represents the set of bonds pn m~hlch Index returns are calcufatad. The SfaCistlcs Universe changes daily to ref9ect issues dropping out and entering the index, but is riot user) fur return ca!culatlon. On the last business tlay of the month, rho composition of iho latest Seatistfcs Uclvorse docpmes the P.eturns Universe fort!:e foilowing month. _ _ A _ ~ ~~~~ ~ ~ ~~~ ~ indox Changes r g g aclassiGc~alion, amount During the month mdicabve ch»nges fo secunfies malty It credit north anon e, socior ( y outstanding) are raP,ected in boor the 6tezlstiw and Returns Universe of the index on a dally bas:s,'I'hese changes may cause bands to enter entail out of the Statistics Universe of the Index ort a d»Ily basis, buC will affect the composM1lon cf the Returns Universe only at month-end when the index is rebalanced. R¢invesbnent Interest at a principal payments earned 6y -he Returns Universe are he o in the Index without a reinvestment return until of Gash Flows month-end when it is removed from fha index. New Issues Qualifying secursfias issued, but net necessarily sePJed, on or befoi a the month-end rebalancing dale quali`y for inclusion In the fpllowina month's Returns Universe. F. +., July i, 20(75 Fitch retings added to Muody's end S&P Codetermine Index ellgiblltty. January 1, 200[ Sector ro-ciassiflCation into Treasury, Governmertl-Rslated, Corporate, and Securifiz¢d. July 1.2:004 Liruidily eonskaint raised io USD 266 million Prom USD 200 million. October i, 2G03 Liquidity constraint raised to L'SD 20G million from USD 150 million, Started using the most consc;rva[ive rating of Mcody'e and S&P to detennlne index eligibility Instead oT Moody's only for spltt-rated securities, July 1, 2GOD Absorbed all Yankee Corporates Into their respectlva Industry and sector olasslflcatiom July 1, 1g9g Llquidlty constraint raised ro USD 150 mtlllon from USD 100 mtlllon. January i. 18gp Removed U.S. TIPS rrom the index. January 1. iflg4 t.iquldliy constraint raieeU to USD 100 million from USD 50 mtlllon for non-government soc~.idties, January 1.1962 Licuidty constraint Inrreasod Po USD 50 rniilion from USD 25 million for non-govemmert securilles, January 1, i 6D0 tiquidlty cansf afrt raised Eo USD 100 million from USD 25million for government securitss. August i, ?9&9 Liquidity constraint rafssd M USG 26 mlBior, from USU i mtliion. Janu»!y 1. ?6"i & iJ.S. GovemmertlCredlt Index in{reduced, w;tl? hi5tpdcal datz backfllled to 1973 March 2008 27i 73 ,. ~, h:-~ ~ W ~; ~fhis index is the Intarm ediata component of the U.S. GovarnmantJC redit index. ?his diayran~t snows hrnni tf7e Internsedlate U,5. GavernmenUCredit Ir!dex is related io the U.S. Aggregate Index', O.S. ,4ggregata U.S. Gov/Credit Intertr'!ediate F7efiriifian Securities in Fne int`errr2ediaia maturity range of the GovernmontlCredif Index. SEe J"1f50 gi Governrnenl'fCredit Index ~ Governrnert hrdex Credit Index ~x'. ~s~ I rtharitt,ai Rufes Must have at !eaat one; year to final maturity mgardless of call features. Musi t!ave at (east $250 mii!ion par amount nutstandirg, lsiusi be rated invesfn'ient-grade (.!3aa3lBBB- or higfrerj by at Isaef two of tho 1''ollowing ratings ager~cia3r;! Mt>ody's, S&P. Fitch. IF orYly ba~o oY fhe three agencies raft the security, the lovaer rta0ng is r.rsc;d io determine index oligibllity- if only one of tare three agencies rates a security, the ranng must tx> investment-grade. Musi Pxr fixed rata, although tt can carry a ecaupor, that steps up or r,'nanges according to a predeferrnined schedule. kLiu:' ba dollar-danaltinatod and non-aonvertibie. Must be publicly is:aued. P~tdst 6e to UI3. Govornment or ;nvesnnent Grade Credit seourity. tJ S~ique Ruler, IUrut have a maturity from 1 up :a (but not including) 10 years. 74 ExcrtANCe=rflAnea rRDt)ireTS. EXCRANGE~TRADED EUNUS IETEs) sl>ue=, ;elect Socurr 9r^i7Ps' iShEfres 5&P 500 iShFires S&P E00 Crowtli ~~Sharos SGP SO6 Vaiur ilLrl!s SEP 5(]6 `;hmt~S&P fib9J ProSharrss lz;. 2x S&i= 506 FUTURES 5&I° E5o 5&P 560 8rnwt'h &!' SJ6 Vaiuo S(tiF 506 Se•".nr Fwurea OPTIONS s, :xco >olert Sector SPDHs Slnnda;tl & I'on's tx~res not sponsor. ~tdurse, call crpmntole a^y S&F indaxsnserl lnvosanRm prudccL u6F1t:]Ct t15: index„9ewices<4zsiandaidandpoINS-vnm Naw'i ork ~i2,i2.A362U4A T~rronet~ P7_h16.5L'"l,3'L60 London +en..26.717e.05!?6 Paris i99.:,4D7677.91 frlryo +8I3A566.8AG3 13oijing +~R6.IOB6S9, 7&19 SN;nry ~611.92GS 9N7p t ire ~ 1lrr nailer: ini lu ii v current --d.:i8 anC i!u'lax gefinr n`:on[L-, visit ou: VJe6 slur. www. i ndi cessta ndsrdxndpavrs.cvm ~A6~L~~ tie 6E~dex rev. ,~, Witlety regarded as t1e best single gauge Df the U.S. equities market, this world-renowned il-~tlc-x Includes HOC loading cornpanios in leading industries of the U.S. croromy. AlthruGl~t the S&P 500 focuses on the large cap segrnentof the market, with approximately')5°lo coverage of l!,S. equities, i~t is also an ideal proxy for the'total market. S&~ 500 ~~s part of a series of S&P J.S. indices that can h',)e used as building blocks for i)ortfollo construct+on. S&P 560 !s maintained 6y he S&F [otlett Gommhtee, a team of Standard C Poor's eeonamists 2nd Index enahrsts, who meet en a royular trasls. The goal of the hsder. Gommdtae is to ensure that the S&r" 50o rarnains a leading inrllcatoi of 11.5. equities, re8ecthtg the risk and return characteristics of bra broader large sap universe a'i an an~edn;g basis, me Index Camrnittee also monitors cansiituent liquidity to ensure efficient portfolio trading while keeping index turn6ve= to a minimum Index N1e8iodoLogY ?ha SSP hrdex Commneefollaws a setof published guidelines far maintaining foe Index.. Gomplere aetails of tirase guidelines, Including the criteria for Index addi[ions anti rorrcvals, policy statements, anti research papers are a~dailab!e on tlro Web site at wtaw.indicesstandanlandpoors. t:om. These guidones provide the transoar2ncy required 2nd faimees needed m enable investors to replicate the Index and achieve the same performance as the S&P 50D. CRFfF.RIA FflR [NDEX ADU{TIDN3 • U.S Company ~etermininy feelers Include location o4 the company's operations. Its corporate structure, its acccunting standards anti its exchanoe listings. • Market Capitalization, Comparri~ whir etarketcap in excess of US$ 56illion. This minimum is reviewed from time fo ti me to ensure consistency with, market sondiJats. « Public Float. There muse be public float of ai least 50%. • Financial Via6ilrty Companies should have tour cons¢cutiive quarters of positive ac-reported earnings, whore as-reported earnings are defined as GAAP Nat!ncolne oxwludLng discontinued operations and extraordinary items. Adequate liquidity and Reasarabla Price. ?ire ratio of anmlaltlo!lar value traded ie marM.ai capi?alication far the company should he 0.3D or graa±er Vary low smsk prices can afl'ect a snick's fiyuidity. • SecmrROpresentation. Ccmpanies'Indusiry classiticaTOns contribute to the maintenance of a sesturbalanse thaP is in +ine with the sector cam~positian of the universe of eiiyibl o companies with market cap In excess of USA 5 billion. • Company 7,xpe. Constituents mustbe operating comparrius. Closed~end fonds, balding companies, partnerships, Investment vehicles and royalty trusts are not e(iyibla. Real Estate investment Trusts IREFisI and busuress davelaprnent companies {BOCsI are eligible 4or Inclusion. Continued index mamLershlp Is nut necessarily subject to these guidelines, Ttrein4exCornmitteestrlvesteminimlza unrecassary turnover in ~ntdex membership and a~acl: removal is dt+iarminod on a case-by-case basis. CRITERIA F4P, INDEX REMDVALS • Conipanles that suiutantially violate ono or more of the criteria fur index hiclusion. « Companies involved In meryer, aaiuisitiou, ar siyn:rficant restrwtudng such ±hat they no longer meet' he loci usian criteria. 75 MSCI SAFE - Wikipadia, the free encyclopedia ~~ ~~FE ~roni Wil<ipedia, the i'ree encyclopedia Page l of 1 The MSCI EAI'1i is a stock market index of foreign stocks, from the perspective of a North American investor. The index is market capitalization weighted (meaning that the weight o~securities is determined based on their respective market capitalizations.) it first ranks each stock in the. investable universe from largest to smallest by market eapitalizatian. Basically, the largest 70% will comprise the MSCI SAFE Large. Cap (new index). the largest 85% will comprise the MSCI SAFE Standard, and the largest 99% wiI1 comprise the MSCI Investable Market index ("LMI"). The 71st to 85fh percentiles represent the MSCI EAFE Mid Cap, and the 85th Co 99th percentiles represent the MSCI EAFE Small Cap. it is maintained by Morgan Stanley Capital International; the EAFE acronym stands for "Enrage, :hustralasia, and Far );ast". The index includes a selection of stocks from 21 developed markets, but excludes those from the U.S. and Canada. The index has been calculated since 31 December 1969, making it the oldest truly international stock index. It is probably the most eornmon benchmark for foreign stock funds. http://en.wikipedia~org/wild/.MSCI_EAFE 76 7/3,'2008 EHCNANGGTRRCiEU PRDDUGi'S, EHCHANOETRADED FUNDS IETFsI ,v^ ~ic.~p sere,.. i ~ tares SEN MldCup 406 iioarrs S&P MldOtrp 4U0 Grorvth i;ili6; eL S81' Mh9Cep g08t Vafue Squn MidCap AOG ProShtires U6rnshort S&P MidCap h0U PmShares `Fydez'La fi£4i' Mdi;ac 467 Iydex h+vrarse 2x Shc° Mi~tCrp c'00 FUTURES SF~P MrdCep A6f7 F rmn~ saP nemcar, aoc OPTIONS Stv4' MIdCJp'ICO Standard & Pons tloua nncsi7nrienG rntlorse, sell err (imnurte 2Pry `iffiP' IOl1eX-t10yY9;i (rn1SCiYaenf plOdll C. l;chlu0t Us: II'11,i09X_$P-fV4CelF115101'IdafdB(%irYJaf$ GOrtI fdsw York nruntc i.fmf8)r- r'erps tryo ix:iiing 5~,~!!rey :o mra n.(crinanor t r'~ding runant data mud intrrx pertennauce, vlvit our Vveb site. vrwv.~.i ndi ces~ srandartlanrl poers.cmrt ,~ t~bau~ ~h~ index /,ary.er--a~ rd e r ~-~., ra., a Introduced In 1991, the S&P MidCap 40g is now the most widely used inrex for rnk-s!zetl companies. 'Today, mid caps are being recuprrizetl as an independent asset class, with risk/ reward profiles that differ considerably from bode large caps and small caps. The S&P MidCap p-0b covers over 7°/n of the U.S. equities market, arrd is part of a series Df S&P IJ.$. 4titlices that can brr used as buidil?g blocks for portfolio construction. ~':212.^38.2046 rt A16.607.g200 +A r 70 7a_N"v8H 33 M1O.i577.91 +U7;;,45EiU fs65 r&119265,6670 S&P 1t2idCap COO is roaintaiaeci by the S&P Index Cammit?ee, a team of Standard & Poo?S ecwtomists and index analysts, who rneet at a regular basis, The goal of the Index Committee is to unsure that the index remains an accurate msesure cf mld- siretl campaniss, reflecting the risk anti return charaoteristics ~`,,hE fti eadei rnirl ran ueiVfrge ,r, err. nn-going ba~i,S, Index Methodalogy Tl~e S&P Index Committee Pallow.<, a se2otpublished guidaPmes for mainTaining the index. Complete derails of tltxee guitlellnes, Including the criteria far index adtli!imu and removals, policy s <ttemonts, anq research papers errs avsilablo cp tits Web site atwww_indioass;andardandpoars. Cain- These quidelioes pro+ride the transparency raoairedand faanoss nesdod to enable investors to replicate the index and ashiave the same perfonnanre as the S&P MidCap COU. CRETERiA FOR INDEX ADDITIONS U.S. Cumpnny, Oeterminlag faamrs inrJude losaiion of the companvs operauans, its corporate structure, its accounting standards anti its exchanoe listings. ^~ Market Capife7izauon. Companies with market trip Intha targa of llS$ 1.5 billion to US5 E5 biliion_ This range is reviewed fraro lime :o time m assure ecnsistancy ud6t markeicm~ditiorys. • Finartaial Viability Companies should have four corsecutive Goarters of posiive as-reported earnings, where as-reported earairps are defined as GAAP Not Income exclndiog discanlinued operatiors aed extraordinary items, 77 Puhiic,goat~ Thole must ue pohilc 1'IoaC of at leasC 50%, AdeQiat& iiqui~fy end AeasoraUta Price- The ratio of aentiel duliar value traded to ntarke: capitallr?tidn for Cite company should Ge 630 or heater. Very inw stock prises care affect a stock's fauidity. rSeemrRepresente[iort. Companies'industryelassifjcatlons contribute to the maintenansa of a sector balance thai'xs in line with the seater camposhion of the universe of eligible companies within the deemed market cap rsnyo_ Company Typa. Gonstituaots must be operating sotnpantrs, Slased-erd finids, bolting companies, pannersitihx, invastm~ytaahtclosandroyaltvtrustsaronoteliglbie. Auer; Estate Invesimanr Trusts 1R.EITS1 and cosiness uevelopment cornpaniss (@DCsI are eiigi6le fur Inclusion. Occasionally, additions to the S&P MidCap 400 are miyrataii up from the 5&P SmallCap 89Q o? down trom the S&P 500. i base rompanies are still required to meet ~tl~re above inclusion criteria. However. continued index membership is not necessarily subjoctmfheso guidoPmos. The Index CoirttnlD.ee strives to minimise unnecessary °umover in I tlex rreirl ership and each rcmovaf is determined an a casvmy~c~au basis, CRITERIA FOR ENDEX REMOVAES a• Companies that su6stantiaflV niolaYO orte or moo,; r'it 4he criteria for index inc{usion. • Companies Involved ir. rra;geL acquisition, orsignifieant rastruaturine such Ebert they no longer meet the !ncsusion criteria. EXCHANGE-TRADED fUNOS iETFsI i5lrares S8' !' 4nellCap fQC iSi~iunts 5&P Smnli00p GOU Grwrth i; heR~aS,4P SinaiiCar. 30O t1ah,~a i)IVa SrrtullCap P00 fro&iares ;horn Srna!If:ap GGC frosharos Ultra Short SmrrP,v'art EOO froSnarms fuTUREs sfrPSmaticapeoe OPTIONS SAP SmallCop 600 Slarxlnrd & fuaf'n eeas nuCa{:onsaG enrrorse, calker pmmm~t aey GcP InFi@IX-L'U894 Inv[iS91T;P0[(JR6^,U~L Concnet Us: Ir~dez, soivi:e5rt3s:anda¢ienrlpoors cam Pi:nu `i;r4 +1.7,1243820-0U Tnrnnrr, ~o t.A t5507.320U Lrindnr; +-M1420.7t7f$EBG Paris t33.1,40.7;i.77.91 'hizyo +613.4550.EiA63 GeijAsc, +86.10 bGG9.'L999 S,tlney nG1.2.92G5.987G f-rn m rr iniormatiou • tlJdinO errant dale dOd Iad6X pelfGmltlOCb, VS116eY NJab site: wm~w.indi cesstn nda ¢landpoo rs.com ~[~~~t~tfte Index Introduced In 1994, the S&P SmallCap BOD is fast ber,,omirtg the prefetTed small cap index in'the U.S, covering apgrr~ximately 3% pi' the domestic equities market. Measuring a segment of the market Chat is typically renownetl'forpoor neding liquidity and flnanciai instability, tlfe index is designed to bear! efficient portfolio of companies that meet specific lnclusicn rriter;e to ensure that the~,r are investable and financially viable. S&P SmallCap 800 makes up the final niece of the S&P U.S. indeX series That can be used as ituilding blocks for portfolio construction. S&P SmallCap 600 is. maintained'oy the S&P Index Camrrittee, z team of Stse~datd & Poet's economists and index analysts, who meet on a regular basis. The goal of the Intlex Committee is to ensure fitat Ute index retrains an accurate measure of gnaa gnrrpaniee is*lerti ,g the ds)(.nq rrn inn eh rarrF^r. ytirs of the broader small cap universe on en olrgoin7 oasis. Index Metbodalogy The S&P Intlex Committee follows a set of published guidelloas for maintaining fire Index Complete dota'hs of these yuidellnos, are available an the UVo6 site at unn+w.fndicesstandardandpoors.cont. These guitle!tres pto-+ids the transparency requlrotl and iaimess needed [e enable investors to rapticate the index and achieve fire same performance as the S&P SmailCao 600. CRITERIA fOP, lNCFEX A441TI4N5 a US Company Determining factors it';clutie iaation of the comoany s operations, its corporate strucn!rs, its accounting standards and its exchange listings. e tlhaiket Capitalizarima Companies witl~ market cap in the range of US$ 300 million to USS 2.0 hilllon. This range is reviewr~,d to ensure consistencywifh+narket cand'nions. Fnancfat ViaSiftry. Companies should have flour crossesutivo quarers afpositive as-reported earnings, wnere as-reported earnings are defined as GAAP Net locomo excluding disrontinuetl operations artd exttaordinary items. Pu6Ge (loaf There must be public fl ~ o~f a, least 50%. Adequate {rq¢l~ty and Raasmtable Prlcri. The ratlo oP annual tlo-lar value traded to markak capit2iization for rite compsany should bo 0.30 or greater. Very low stack panes can affect a stock's liquidity. a .Ser,WrRepresantadmr. Cornuanlas' industry classifications contribute fo-t'he meintenarce of a s®cmt balance fhat is in Ilne with the sector wmposition of the univarss of oilgible companies within tI'te donned market sap range. • Company Type. Constituents must he operating companies. Closed-end fwttls, holding companies, partwrsP!Ips. invostmonevehiclesandroyale{irustsererotellgibie, Aeal estate Investment Trusts ;REITS) an:f business tlevalapmant wmpanies BCCs(ara eligible for inclusion. Cccaslonally, additions to the S&P SmallCaa 600 ere deri~~ad from rho S&P MidCap 400. These companies are still required t'o moat the above lnclusicn criteria. However, eontinund index membership is not necessarily subject to these guidelines. The indax Committee strives iu rninimiia unnecessarySUrnover in index membership and each removal is determined on a case-by--case basis. CRITERIA FOR IN4EX REMOVALS Companies that sudsrantially vtalatc one or mono of the enteric far Index inclusiar:- n Companies InvoWed in merger, acquisition, or significant restructuring such that they no longer meet the Inclusion Ciltarlc'. MSC! Barra ~~1~~-bra a,e' ~~,r<p.d ~'o Page 1 of I The 1V,£SCI Pmerging Markefs Inc£ec is a free flaat-adjusted marizet capitalixafian index that is designed to measure cgrrity ~alardcet performance of emerging msirkets. As of June 2007 the MSCI Emerging Ninrkets Ittdex consisted of the following 25 emerging market coimhy indices: Argentina, 'Brazil., Chile, China, Colc~tnbia, Czech Republic, >/gypt, Hungary, India, Indonesia, Israel, .lordan, Korea, Malaysia, Mexico, Mnrocca, PaI<istan, Peru, Philippines, Poland, Russia, South Africa, Taiwan, 'I"hailand, anti Turkey. http:!l4~ww.nsscibarra~t,cans/praductslindice3/equitylflefmitions.jsp '/&!2008 -'. r ~ f ~. / ~T~a~ ~ccS~r~ ~~ r",~lICr2 `~C~~t~'' ~r'~ ~~ ~„' Vsnguard~' Emerging Markets ETF {VV`v0~ Data rs of Ma cl,, 3?; 2QOE3 Quick fatcts Objective $per,'14iiq, Vantuard esnmrginq Makes ETF seeks m vack the [;~orfnnnartce of a bsnd'xm,irk is'idsx thCal' meosuraa t'he I a0mixhe R Co let inveSYrxenY retoro of mtr.,rke issued lsy cumpersies Incated In .^.merginy7 r, urkst couatria~_ (WtP u nPioi. Invnsiri6nt 3tl ategy 5 )t142 uF V nn arU ur'tergjrrg Mafket, ETI" eur~.,lpys p as si've nlana u.rant'-oi m {axis y hums nr i ' 3pbrr Lch by - - -- ------ loud z ' 6 su USt..p2i~liy nl. (nonnmf y about Edfi /,) essc+ts n; the wmingn stnc<s it c.l.rdea ir' at fASCIa eirsfping exchatfye. Ma~~ots Indaz. The MSCI Eme~~irsg Markets Inder. (nc9udes eaninon ~atocks tpi companio+; Incated in smorginy An c i m Slnrk @xrLonpe. LC m.:rku;tc around the world-'(!le !ar{lost markete cwerod In tl^.e ind<dx are Sout'n Ku as Taiwai , Fessie, 0rarl, --- -- nd Ch'mx. Okhm ro, nv crfs repo=semsd in th Lic~ox include Aryontina, Ch m, r'olastFiia, t!s r,.ech laeputrliu, T'ohssr symbol Egypt, iiunaary, Aldie, Indonesia, Israel, Jnrtlan, Malaysie., Ntexlco, Mgrocaq Pakistan, Pore, t'ho Phillpninas, VVv'ti Poland, South Africa, T 6ailand, and'i'f~irkey. in Le[lli0r~. d;i V: PJl~xn:h 4.2975 IIV 1inYra-day ticked PA%i Assets (in millions) 36,tU5 E'xoanse ratin~- A.2i°,. Fund Attriuutes Vanguard 'tn?c,gillr Markets EtF MSCI Emerging Marko o index Number of Stat:ks 9G2 928 Madlan marke4 capiteliietion $1268 $15138 PffCBfP.P,011ng5 I'aJC ?52x i6.4X FriceNodkre4in 27x 2,?x F,utv!'n on equity 22.0% 21.7% Earnings growth rats 30.69c 30.5% Tm~iover Re'f'er - fl9% -. Short-Tenn Feser/es 9.2% iU<~ 92srn1 Returnss'fm' periods ended March 31, 2UOf, fund ntarne INlcoption datoi Quarter Yo&r to date 7 year 3 ye2rs 5 years Since inueht'ian VagquaW fimerging Markets FTF (C.'s/04/2G05) Wef Assat+?'alae ilu?urn4 -1U.A3% ~tfk A3 21.8G% 28.7% - 24.50% M1llar4Ct P:if.9 Retum~ iQ07 -i 9.01 21.82 2II.15 - 24.E9 $giirui Eir,Erginy fderkeYS lndexr -10.99 -'i 0.99 21,33 26.10 --~- 'L4.70 :hr p rlananca r rfta slfowe raprosonr pas' performance, which rs hero gererentee o(futuro results. hrvestnto-ntratarns arrd prinmFal value wilt lfuetuere, sn Icvsia, s shams orhen soh/, maybe sum tfi ;yore or lass [hart their onpinal cost. Currrrttpedormance may bo Wweror frlgiser than Cpe performance chin quoted. For po~lorwanco data ct3rrent ro rite most recent rnontl+.-end, visit our wedsfte at www.vangnard.camlvisiUetlpeHormaace. ,ra sna:~i rw.xd rural yem: r, vai iornni him,rl rpp rvcw-rau ^r<.f~.tlq~tlrrvMUVm P.ndiu,ew'i~x ieexioed or talron.r:Qn. araxil.ufinA'.ul pn i.l ur~5 ormlcmpl lat. of ureBnd.ca~i:e'~I ~ma,n.idny ke yumvrl Cl I'raeriur Urclla ~e ~-L z.-.u,lsdh s0~u io cim ,, rower .o iwii m:J~ '~-her ligur.;ie, sent ~3.rmpe-anuudr rNwne_Penornarnro ~Ipurmeas.uTe'hn reinvv;nrnm"or Jld.lortis eud caer.al fins ei.;ribu .,,: fie ti,fuca cesrJ sic aan u~_ihenl ror.nir,lt i.,ntl u'.inl`n aW ~c li+x rep cxt ~f ntrn;iepnti( reap .pv«u,inam ,i ass linNnclai e.sers O,rr rot Gc ennry.rcll rtl0 thn lta¢tetxal renrtn Inr 11 ,,,inxei td nn:uxuw:r rnfsUve gelormanrm. ~ ~ n, nxm irtn eAucn th,ur! rI r (i :vssi: r. i' i M uvrYmY $ n I I'sehinym closes. ' Nv i r.e imam t r^.a>te(i Tsui ir- nr:ywint be.nr IYVe oitl:vm ofh. p'rc dil'.fl Hme,~H~ i., Ulsrlnie6. lni ,Il, ±l?. E., m"uirb. , } s r, t~3±gMrtPr~ irx iAnun6rue<~imhniveWh /i ~iprh to t~hSC mmu{KIR,rgutt'4Y,IWn'N~LI Emesali tp FAar6,xelndex tl'im:rY,+irer. Connuef w119~ Vangntrrd"-^ a wwvevanc'!uard.t':o:T/Ntrt 80 Jar~r7uar~ ~mergirg f~~arkets E?F Country diversirica4ioc l°i~, oi' canmon stack) lrysnGtta Bra, ii ~hllq Colnr,J~'nr C!eeh Ee!ubG;'. fgypi Hrn' Rrc~~G Hungary Intl is Inc;un,¢;;ia iscaei km~r3a MaIHYAfz, N9aeiro iAhea Putu Plti'ipa.nc Pi)lan;i kt15a18 5'OtRI'I .1.(r;CB ~l1Gl long '6i oFs lB ro. ' ~ Ob°l .t4 t5 9l 9 0.'[ C.9 91 JY Cl] 7.1 l.E i la,a ~zs 5.2 O.T C.fi G5 i.U l p.t 6.4 i t,~ l.B 1? Ten larges't' stecksr pA0 Gazprom AOR CY4n21 MoSile INc~rg Kong] Cd. Samsung Etectrunies Ca, l±d. AgtBpCa Mcvi Sk de GV Petrolaa Br2sileiro SA Pid. f'2trolUa &n esluiro SA Companhia Vale do Flo porn Frfd. Gass A LUKCfL SBonsored Apfl Cam~anhi2 Vdle do 5io pose Heliar:s 6xlusl'riss Ltd. Top ten as % of iota! net assets 1a0";6 I h a;a~x eb I'. ~m~4nv r l~aa'I limeiali~~nte and lnCiCe pu)dut'db'- utfju r ir'i~r. ull~ (mun;rl lc mv, ~n ilrji;l::nn~t'm~ld ol'heN)rauii upllfion Un[rnflyru/atiuns. Inslrad nvstnn naut'bu rn.l'=ianq rant<7F'"^Sdaresn (lxsuaidarynr,ri,ri ln~idh tY~ n~ul tr~I,SCrAn~Ma ~r doing.,;.fh.,'rream~r.lf?car W?okara4e; omnisioes antl may~rsy MOrt lhwr rc, xsscn~a/o-r whran MryirgaeJr~r.Eva lm~s i49a. ratsmr v~lur nb-,i su 0in':. A71 ETPpr~rti:mts arm subjact to srr~mk mnikatriek, wluclr may result in itre Inss of principal. Intornational cc"TFpraducrs involve edditienel ris'Irs, incluAing la,r~ency ~LIL"Plltiltlt)Oa and ff~e lmCerrYial Fm~ edversm developments in spocific co-ua(ries or rnpfons, Str>cks of cnrnpar~ios in emerying markets aru gen©~'a(ly rntrrm risi; y [%t;n stoclrs ut companies Lt developed counhies, i r viun~Y', , v+tryr r r grey, Ilanyuurd r7r „r,^.tsti witl Uzq;l~:ard, and i}a sl' a,epo are uauern~:rYs of Tlw ~Fanar'artl Grout, I tc. Thp I'unn; or c~ a.s;os r.:"rrred tn'I:,run t^~rt n¢ aflerah by d tr i..IC 13ro1 vu ~r .rack nn kga~1 -_d,x ~~rr, n,r tpunmmd, ar¢Lxs~u, <ri, on~otr>:: dY h~hSCl. enJ MSU hears no ~1rh:ihl wilt itaGfs Cu ana sanh iaiios n ro.uutus. for au~n luiat; f>r m I ;, ihn pr-i,ou n . gun:airs' ~ r I. re ~l: ra. evl r ns.uu6n r cF lint Iln it, i re:ullon;hll'~ tA3L'I has wufi h c Va rguard Gmur Fli, oi6ar mark ire the cxrl Isiao rrokuty.,l ;neif rt ~~G! Ctiva i:,mlrus P'or more ir,Eonnntion abon±Vanguani 6TFti''", visavuvxw.vanguardsarle'tf, coil fl&G-499-8G73, ur cmttoct your urokerto ohtaln e product desutilrion and ornspeci'us. InvosTTnent objectives, risks, chargss, expenses, and other impon'snc infarmatioo are emttained in these documerr*s~, road and cunsltlorthom l c2rotully btr!'ore Investing. III IM JuniBinl I u 1. t. FlII ugi i ~ n~5. __~ P t N h N )t,4:3t vlyr. 1 P. ar3aGn9 CalAmrn oa, Cl; nLsl¢u. f. :1 O;Lf,1V1 81 Stamrdard&Paor'sduesnotsponsoc ~.~3~8Y~$~l~ ~~~~~ ©nPOrse sari ur promote anY S;bP index based inv©strwnl µoaucE ~ntroduGed n ~ ~g~%, The S~~ ~,5. ~EiT GOn'IIJOSItP, ~ndeX measute5 tfl8 SBCUfitiZ8C1 ~).S. ~ea~ ES18t8 Investment Tnise (Rc1Tl marl<et. REI~[s act as operating companies that purchase, mana,e, invest in, maintain, and mtirket real estaee. Tha S&P U.S. RFIT Composite covers approximately 89°ln of the U.S. RtIT market capitalization, and maintains <i constituency that reflects the merl<et's overall composition Canwct ils'. ''uidnlx_sc:rvicerrustaraiud2ncipoors.rwn New York iii!cntu .onrirn Pads l nkyo 3eijing Sydney t 1.212 43G.?046 +1 A19,507.37.U~ 1A-0.ZOJ776.i3A8A sG3.l.AG.75]7 91 ;f3t;i9550 fr463 +A6.ID.G569.2J19 +6 L2925~ BC3'70 For more intarnwrion, ul5it m;r Weo stte: wwvr.i na i cesstand and andpoo rs.cum Oasignad as a mar'rat indicata~, the S&P U.S. RElT Composite annEains seouriues selec¢ed for markot representation according to gooyraphy and property typo. All of the companies in the S&P US. REiT Composite index are publicly vadad equity AtITs, R[IT.S a:a IOGIUGBrI Ln fh? Finan,;;ialg s=rfnr of fha flnhal Industry Claasi6cation Standard I61CSe'I. which was rieveloped to meet the fnancial community's need for one cempiEts, consistent set of sector definitions that re8ocfs todays economies. All securities added to the S&P U.S. RE!T Composite moat the Index's Ilquidiry, price, anti market capitalitation requirements. These requirements help to foster an index that is comprised of i'ratlabla securitles, makotg It useful for both benchmarking and replication purposes. Index Meihodoloyy The S&P Index Committee'glloves asot of published gu'rde(Ines for maintaining theindax. Complete details of these guidelines, inc)uding il:e criteria for index auditions and removals, policy statements, and resoarch pacers era avaiiahle on the Woo site at www.irrtlicesstandardancpoors.conr. The Index Gommltteo's primary goal is to provide investors a callable indicator of the sectnitited real estate markot. CRITERfA FOR IAit7EX AU{>ITIONS flrgibi(ity. Oriq euuity RclTs are eligible fur addition. e Traded on a major exchange. A REIT must trade on the NY6E, AMEx, or NASDA?? National Market to be considered for inclusion. 82 f~larkst Capiralitetion. A REITmust maintain a market oap in excuse o` USS t90 million to be considered. Dividend Payment A RPIT must have mad. e Ulvidond paymentin the previous year m pe ronsideraU inr inclusion. Public Float. There must ho paialir, float' o{ at least 50°/a, > (iquidrryandPricc, Adequateliquid'rtyondreasor;ahle pershare-price -- the ratio of annual dollar value rradod to market capitalization should he 0.3 or greaser. Uery law stock pdres can affoct a stock's liquidly, < Fradinq History. After an initial public offering, a Rk1T must trado for ai least six months hefore it will he considered for inclusion. =Pinanoial ~ahility. Usually measured as ;our conseruiive quatters of positive as-reported earnings. As~repo:Ted eaminga are GAAP net income excluding discontinued operations and extraordinary hams. • Share Changes. Share adjustments that exceaU 5°/0 ore made at the i6ne of the chap-,Te. Share adjustmonts of less than 5;n are made on a quarterly basis. CRlTERik fOR IIU6EX RERIEDVALS r REITs that suGstaniially violate one cr more of the critorla far index inclusion. • REITs that are consulltlated into other REiTs, or which restnmture so that they no longer meet the Inclusion crltona. Suggested by: Administration CITY OF KEPIAI f2ESt}LUTYt3N NQ. 2008-43 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDFNG A PROFESSIONAL SERVICES CONTRACT TO ALASKA PERMANENT CAPITAL MANAGEMENT INC. TO MANAGE THE AIRPORT PERMANENT FUND INVESTMENTS. WHEREAS, Ordinance 2326-2008 requires the Finance Director to contract out the management of the Airport Permanent Fund investments with one or more professional investment managers with experience handling institutional endowment investments; anal, WHEREAS, Alaska Permanent Capital Management Inc. is an established prafessionai money management firm located in Anchorage which has the necessary expertise and experience to manage the Airport Permanent Fund investments; and, WHEREAS, the proposed fee is .30% per annum of the market value of the funds invested up to ~ 10 million and .25% per annum of the market value of the funds invested between $10 million and $90 million and, WHEREAS, the fee is approximately $48,500 annually; and, WHEREAS, the Administration recommends the award of this contract NOW, THEP~EFOP.E TzE IT RESOLVED tBy TuE COI rtyCiL. OF "1'HE CITY OF KEN.~u, ALASKA, that the City Administration is authorized to execute a contract with Alaska Permanent Capital Management Inc. to manage the investments of the Airport Permanent fund according to the asset allocation set by resolution of the City Council. Performance shall be reviewed quarterly against the target allocations and the benchmarks set by Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA., this I6<h day of July 2008, PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: i 1 (07/10/2008) h1 83 "~illaye wit~r a past City wit~t a Fr~tur°e" Ny-` 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 1 I~GI Te{ephone: 907-283-7535 /FAX: 907-283-3014 ' 1992 q„-.. flfC Gl~/ 0 f K~HaV ~A MEMO: Td: City Council G FRpM: DATE: Rick Koch July 10, 2008 SUBJECT: Resolution 2008-43, Professional Services Contract for Management of Airport Permanent Fund investments The administration recommends Councr.l approval of the above referenced Resolution. Alaska Permanent Capital Management presently manages over ~ 2.3 billion. in Alaskan accounts, maintains a strong traok record ofperfonnance and is highly regarded in the industry. The City's former Finance Director, Larry Semmens has worked with this firm during his tenure with the Alaska Retirement Management Board and they have exhibited strong performance. This is an exciting change to the manner in which we manage the assets of the Kenai Municipal Airport. An investment strategy designed to produce increased returns over time is the apprapriaie strategy for a permanent fund, and one which we believe will provide increased returns to the airport as a component of an overall strategy designed to make the airport financially self-sufficient. Thank you for your attention in this matter. 84 {s Investment Management Praposal -City of Kenai Alaska Permanent Capital Managemerrt Company (APCM) is pleased to propose an outline for investment management far the City of Kenai. APCM manages and advises on over $2.2 billion of Alaska money. We are now in our 16~" year of providing these services to Alaskan en#itiea We Zook forward to further exploring this opportunity for investment management for the City of Kenai. • APCM would follow an investment policy to be put in place • We strongly believe diversification is important. • We will track performance against an index appropriate to the strategic asset allocation outlined in your investment policy • Our pricing is .30°l0 of assets under management per annum up to $10 million and .25% per annum over $10 million to $90 million. • included in our fees, we will make an in-person presentation as requested up to four times per year, in Kenai, regarding the return on the account and our economic outlook. We can make the presentation before any group you wish. Evan Rose Date 85 PR(3FESSIONAL SERVICES AGREEMENT Dated: THIS AGREEMENT made effective on the above-written date between City of Kenai, hereinafter "CLIENT" and Alaska Permanent Capital Management Company, hereinafter "INVESTMENT MANAGER." 1. Services of INVESTMENT MANAGER (a) This Agreement is for. professional services to CLIENT. The INVESTMENT MANAGER shall perform the professional services described ui Exhibit A, which is attached hereto and by reference made a part hereof. (b} The INVESTMENT MANAGER shall at the INVESTMENT MANAGER's own expense furnish to CLIENT a copy of all information requested by CLIENT for review of the INVESTMENT MANAGER's services while in progress. (c) CLIENT shall provide the INVESTMENT MANAGER access in a timely manner, to those records, personnel and other items necessary for the INVESTMENT MANAGER to perform the services described in Exhibit A. 2. Compensation CLIENT shall compensate the INVESTMENT MANAGER far the services described in Exhibit A in-the amounts and in the manner set forth in Exhibit B, which is attached to this agreement and by reference made a part hezeof. T'he INVES`NIE.N 1` MANAGER shall receive no other compensation in connection with the purchase, sale or exchange of any investment for CLIENT and will not accept, or knowingly permit any of its officers or employees or any member of their immediate families to accept, any compensation, bonuses, commissions, rebates, discounts, gifts or any ether thing of value from any other person or party in conmection with any such purchase, sale or trade, provided that the receipt by the INVESTMENT MANAGER of research reports and materials or statistical data from a securities broker shall net be deemed to violate this provision. 3. General Provisions (a) Ind~endent Contractor. The R~iVESTMENT MANAGER is an independent contractor. It is neither an employee, partner nor joint venture with CLIENT. (b} No Assignment. The II~iVESTMENT MANAGER may neither assign this agreement or any rights thereunder nor delegate any of its duties without first obtaining the written consent of CLIENT. Page 1 of 9 86 (c} Insurance. The INVESTMENT MANAGER sha21 procure and maintain insurance coverage in such amounts as set forth in Exhibit B. The INWESTMENT MANAGER shall provide to CLIENT, upon request, certificates indicating such insurance is in effect. The insurance shall be in effect upon the date of execution of this agreement and shall be effective through the term of this agreement. (d} Indemnity. To the fullest extent permitted by law, the INVESTMENT MANAGER shall indemnify, defend and hold harmless CLIENT from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, caused in whole or in parC by any failure of the INVESTMENT MANAGER to comply with fiduciary standards or by any other breach of this Agreement by the INVESTMENT MANAGER. The obligations of the LNVESTMENT MfvNAGER described hi this paragraph shall not extend to the liability of CLIENT, its agents or employees, arising ouY of the giving of or the failure to give directions or instructions by the custodian, its agents or employees provided such giving or failure to give is the primary cause of the injury or damage. The federal securities laws impose liabilities under certain circumstances on persons who act in good faith and therefore nothing herein shall in any way constitute a wavier or limitation of any rights which the undersigned may have under federal securities laws. (e} Ownership of DocLUnents. All work products prepared by the IlWESTMENT MANAGER in fulfilling its duties under this agreement shall be and remain the property of CLIENT and CLIENT shall haue the right to use such products for any purpose without any further claim on the part of the INVESTMENT MANAGER for additional compensation. In the event that CLIENT uses the INVESTMENT MANAGER'S wark products for other than this project, CLIENT hereby agrees to hold L,. T TOTT GP TT T h l1P.D L_„.r 1 P P tiic Td J,::~ iivinlV r ,viANA~nn ,~a.~~~less ftom any e,aYms ansir,g ihereuam. CLI,;NT may retain a copy of any wark product prepazed by the INVESTMENT MANAGER in fulfilling its duties under this agreement for CLIENT'S records. (f} Termination. CLIENT may terminate this agreement in whole or izt part whenever for any reason CLIENT deteYmines that such termination is in its bast interest. Such termination shall be effected by personal delivery or by sending to the INVESTMENT MANAGER by certified mail nofice of termination specifying the extent to which performance of work under this agreement is terminated. Tn the event of any termination, the INVESTMENT MANAGER shall be paid for services rendered to the date of termination. The date of termination shall be no earlier than the fifteenth calendar day after the INVESTMENT MANAGER'S receipt of the notice of termination. (g} Law and Venue. This agreement shall be governed by the Iaws of the State of Alaska. Venue for any legal proceeding relating to this contract shall be Anchorage, Alaska. Page 2 of 9 g7 (h} Paument of Taxes. The INVESTMENT MANAGER shall not be responsible for the prevision or pa}nnent of insurance, taxes or costs incurred by subcontractors or personnel not on the INVESTMENT MANAGER'S payroll. (i} Term. Tlus agreement shall commence on , 200_ and shall be subject to termination in accordance with Section 3.(f) of this Agreement. (k) Notice. Unless otherwise provided herein, any notices or other communications required or permitted b}+ this agreement to he delivered to CLIENT or the INVESTMENT MANAGER shall be in writing and shall be considered delivered when personally delivered to the party to whom it is addressed, or in lieu of such personal delivery, when deposited in the United States mail, certified, postage prepaid, addressed to CLIENT' or the INVESTMENT MANAGER at the address set forth below: City of Kenai Attn: Finance Director 210 Fidalgo Avenue Kenai, AK 99611 Alaska Permanent Capital Management Company 900 West 5th Avenue, Suite 641 Anchorage, Alaska. 99541-2029 (k) Entire Agreement. This agreement constitutes the entire agreement between CLIENT and the INVESTMENT MANAGER. It supersedes all prior oral and written understandings and agreements. It may be amended, supplemented, modified or canceled only by a duly executed written instrument. It shall bind. CLIENT and the INVESTMENT MANAGER, its successors, executors, administrators, assigns and legal ZeprcSeiiiative6. (1) Benefits. Nothing contained in this agreement shall be construed to give any rights or benefits hereunder to anyone other than to CLIENT and to the INVESTMENT MANAGER. (m} Consultants. CLIENT reserves the right to enter into separate agreements directly with any INVESTMENT MANAGER for any. services. 4. form ADV II. CLIENT acknowledges receiving the INVESTMENT MANAGER'S Form ADV Part II at least 48 hours prior to signing this contract. 5. ~ecial Provisions. Any special provisions applicable to this agreement are set forth in Exhibit C. DATED the day and year written on Page 1. Page 3 of 9 8g City of Kenai By: Date: By: Date: Ataska Permanent Capifal Management Company By: Date: Evan D. Rose Chairman and CEQ Page 4 oF9 89 EXHIBIT A The work which the INVESTMENT MANAGER is required to perform for this project consists of the following: i. Appointment CLIENT hereby appoints the IIWESTMENT MANAGER as Il~TVESTMENT MANAGER of all securities and cash received by it from or for the account of CLIENT. The INVESTMENT MANAGER agrees to act in that capacity with regard to such securities and cash as a fiduciary, and upon the terms and conditions set forth. The INVESTMENT MANAGER shall advise CLIENT in the investment and reinvestment of assets of CLIENT and shall have full. authority to make purchases and sales of securities for the account of CLIENT, subject to the provisions of Section 3 below. 2, Investment Account 2.1. Custody. Exclusive responsibility for the custody and safekeeping of the cash and securities ender this agreement shall remain with the custodian and safekeeping agent (the "Custodian") to be designated in writing by CLIENT. Atl transactions, cash and securities, unless otherwise specifically agreed in writing by CLIENT, will be held in and transacted through an account held vzth the Custodian. CLIENT acknowledges and accepts responsibility in selecting a custodian, INVESTMENT MANAGER is not responsible for custodian's processes, procedures, safeguarding of client information or errors, and client hereby indemnifies INVESTMENT MANAGER for any losses associated with custodian actions. The INVESTMENT MANAGER agrees to oooperate with CLIENT and the Custodian, including but not limited to: (a) timely reporting of ail transactional information to the Custodian; (b} reconciling security holdings and cash balazlces of the INVESTMENT MANAGER with similar reports by the Custodian; (c) cooperating in the identification and remedy of failed transactions; and (d) responding in a timely manner to alt reasonable requests for information by the Custodian. Page 5 of 9 90 3. Servfces to be Performed 3.1. The INVESTMENT MANAGER is responsible for providing investment services to CLIENT and other funds as may be designated by CLIENT. In this capacity, the INVESTMENT MANAGER shall invest and reinvest the cash and securities from time to time allocated to if hereunder and deposited in the account, without distinction between principal and interest. The INVESTMENT MANAGER shalt act as CLIENT'S fiduciary, and will discharge its duties with respect to the investments solely in the interest of CLIENT. 4. The INVESTMENT MANAGER will manage and invost tlae assets in a appropriate and prudent manner in compliance with CLIENT'S Investment Policy. The performance of the INVESTMENT MANAGER will be measured against fixed income and equity indexes as outlined in CLIENT'S Investment Policy. 5. Authorization The INVESTMENT MANAGER is hereby authorized to invest or reinvest or dispose of any cash, either U. S. or non-U. S., or securities held in the Account and invest the proceeds of any disposition in accordance with section 3 above. 6. Brokerage and Commissions In carrying out its functions hereunder, the INVESTMENT MANAGER will use its best efforts to obtain prompt execution of orders at the most favorable prices reasonably obtainable and in doing so will consider a number of factors, including the overall direct net economic result to CLIENT, the financial strength and stability of the broker, the efficiency with which the transaction is effected, the ability to effect the trairsaction at all where a large block is involved, the availability of the broker to stand ready to execute possible difficult transactions in the future and other anatters involved in the receipt of "brokerage and research services" as defined in and in compliance with Section 28(e} of the Securities Exchange Act of 1934, as amended, and regulations thereunder. 7. Rule of Prudence. In performing its services, the INVESTMENT MANAGER will follow the Prudent Man Rule, When evaluating investments, the INVESTMENT MANAGER will give appropriate consideration to the I) composition and diversification of the portfolio, 2} Iiquidity of the portfolio, and 3) projected return of the portfolio. ~. Instructions All instructions given by the INVESTMENT MANAGER to the Custodian shall be in writing, signed by an authorized representative of the INVESTMENT MANAGER; provided, however, that the Custodian may accept oral instructions from the INVESTMENT MANAGER, subject to confirmation in writing within ten (lp} business days. Fax or email transmissions may be used when acceptable to both parties. Page G of 9 91 9. Reuorts by the INVESTIF~IENT iVIANAGER The Il~?VESTMENT MANAGER shall deliver to CLIENT, or any person or persons designated by CLIENT: (a) monthly statements in such form as may be reasonably directed by CLIENT or its designated agent. Such statements are to be delivered to CLIENT within 15 calendar days following month end, and shall include: (1} a listing of all cash and securities in the Account and their respective cost and market values in U, S. dollars as of the close of business on the last business day of each month; (2} a listing in cluonological order of each purchase and sale transaction for the Account during the month; (3} a listing of transactions resulting in realized capital gains or losses in U. S. dollars during the month; (b) quarterly statements with investment performance and a narrative of economic analysis to include the INVESTMENT MANAGER's outlook for the next quarterly period. 10. Aunearances The INVESTMENT MANAGER will make a presentation to CLIENT at least annually and will be available to make additional presentations as CLIENT may desire. 11. Reuresentation of the INVESTMENT lYLANAGER The INVESTMENTT MANAGER represents and warrants: (a) that it is an "investment advisor" as defined in the Investment Advisors Act of 1940, as amended; (b) that it has completed, obtained and performed all registrations, filsngs, approvals, authorizations, consents or examinations required by any government or governmental authority for acts contemplated by this Contract; and 12. Insrsection CLIENT may, at reasonable times, inspect the INVESTMENT MANAGER'S facilities and activities that aze related to the performance of this contract, and audit the INVESTMENT MANAGER's services. 13. 1Vllscellaneous This Contract may not be amended or modified except by an instrument in writing signed by each of the parties hereto. The headings in this Contract are for convenience only and shall not expand, limit or otherwise affect the meaning hereof. The Contract may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. Page 7 of 9 92 E3~I-iIBIT B (1) Compensation. CLIENT shall pay to the INVESTMENT MANAGER as compensation for services the RVVESTMENT MANAGER rendered in accordance with the terms of this agreement as follows: .30 oft % annually on market value of assets under management up to $1 Q000,000 .25 of 1% annually on market value of assets under management over $10,000,001 Payable monthly, in an•ea1s, and based on the month-end account market value, which includes accrued interest. The INVESTMENT MANAGER utilizes IDC pricing service to determine market value. (2) Reimbursables. Reimbursables shall include hotel and travel expenses outside of Anchorage, Alaska should such additional travel be requested and authorized in writing by CLIENT. The INVESTMENT MANAGER shall submit aotual invoices for all reimbursable expenses for which the .INVESTMENT MANAGER seeks reimbursement hereunder. (3} Manner of Pavment. CLIENT shall make payments to the INVESTMENT'"`' MANAGER as follows: The INVESTMENT MANAGER shall submit monthly invoices for services rendered. The invoice shall itemize the mazurer in which the billing is calculated. Payment will be made by CLIENT by check or electronic payment. The INVESTMENT MANAGER does not have the authority to direct paymentto itself from the investment account. (4) Insurance. The INVESTMENT MANAGER shall maintain the following insurance in accoraance with Paragraph 3(c'} of this agreement: (a) Professional Liability Limit $5,000,000 aggregate (b) General Liability (c} Statutory Workers' Compensation Protection $2,000,000 general aggregate $1,000,000 each accident Page 8 of 9 93 EXIIIBIT C Proxy Voting INVESTMENT MANAGER, as a matter of policy and as a fiduciary to CLIENT, has responsibility for voting proxies for portfolio securities consistent with the best economic interests of CLIENT. INVESTMENT MANAGER maintains written policies and procedures as to the handlsng, research, voting and reporting of proxy voting and makes appropriate disclosures about our firm's proxy policies and practices. Due to the nature of our business and the types of securities held in CLIENT portfolios, INVESTMENT MANAGER votes proxies for all securities held in CLIENT accounts, including mutual funds, ETF, and debt instruments. INVESTMENT MANAGER does not vote proxies for individual equities. Individual securities are held in a CLIENT'S account as an accommodation to CLIENT, and are neither part of INVESTMENT MANAGER'S overall management strategy nor an appropriate focus for research. CLIENT are notified that we do not vote proxies for these types of securites and that we will arrange for CLIENT to receive these proxies directly should they choose to vote these proxies itself. Our policy and. practice includes the responsibility to monitor corporate actions, receive and vote CLIENT proxies and disclose any potential conflicts of interest as well as making information available to CLIENT about the voting of proxies for their portfolio securities and maintaining relevant and required records. At any time, CLIEivT may request iINVESiIvrEivT ivu~ivAGER's Proxy Polley and a record of proxies voted for their account. Page 9 of 9 94 Suggested by: Administration CITY OF KENAI IESOLUTION NO. 2008-44 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO SOUTHCENTRAL CONSTRUCTION, INC. FOR THE PROJECT ENTITLED MARATHON ROAD IMPROVEMENTS - 2008 FOR THE TOTAL AMOUNT OF $1,016,265.90. WHEREAS, the following bids were received on July 8, 2008: BIDDERS BASIC BID Wolverine Su 1 ,Inc. $1,126,600.00 North Star Pavin 8a Construction, Ina $1,097,943.50 AlaskaRoadbuiiders Inc. $1,042;844.00 ~ Southcentral Construction, Inc. $1,016,265.90 Engineer's Estimate __ $ 982,230.00 ;mod, WHEREAS, Southcentral Construction, Inc.`s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to Southcentral Construction, Inc. for the total cost of $1,016,265.90; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASI;A, that the contract for the project entitled Marathon Road Improvements - 2008 be awarded to Southcentral Construction, Inc, for the total amount of $ 1,016,265.90. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th. day of July 2008. ATTEST: P.4T PORTER, MAYOR Carol L. Freas, City Clerk I Approved by Finance: 95 '°l~i~la~e wit~i a Gast, Git~ y with a Fi~t~~e„ .,-~;~ ~., 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 >„ ~~~ Telephone:907-283-7535/FAX:9©7-283-3014 'II'I - - --., - ~.. 199? ilre clly o f 1(ENAI, AEASKA MEMO: TO: City Council FROM: Rick Koch DATE: Juty 9, 2008 SUBJECT: Marathon Road Improvements - 2008 The purpose of this correspondence is to recommend award of the above referenced construction contract in the amount of $ 1,016,265.90 to Southcental Construction, Inc. The bids received were as follows: Southcentral Construction, Inc. $ 1,016,2b5.90 Alaska Roadbuilders 1,042,844.00 North Star Paving; lnc, l,l"197;943.50 Wolverine Supply, Inc. 1,126,600.00 Bngineers Bstim.ate 982,230.00 During our review of the bids we found that Bob Boozer was listed. as a principal, and had signed the hid. bond as a witness for Southcentral Construction, Inc. We also found. that Bob Boozer was listed as the company contact, and had signed the contractor's questionnaire as the vice-president of operations for North Star Paving, Inc. As a result Cary Graves and I met with Mr. ICen Griner, the presidentJgeneralmenager of Southcentral Construction, Inc. to investigate why Mr. Boozer was included in both bid packages. During our meeting with Mr. Griner he exp}ained both Mr. Boozer is a shareholder only, in. Southcentral Construction, Iuc., and has no involvement in the operation of the company, or in the preparation of bids. Mr. Griner stated that Mr. Boozer noither received nor shared any information about the bid or prices. He explained that Mr. Boozer was at his home for dim~er of 7uly fourth and since he was there he asked him to be the witness on the bid bond. For your information, the bid bond does not contain the amount of the 96 bid, only that is for five-percent of the bid.. Further, if the bid bond was witnessed on July fourth it is doubtful that Mr. Gxuaer would have known with any accuracy the amount of Southcentral Construction,. Inc.'s bid, since he probably would not have received sub- quotes at that fime. While Ivir. Boozer being included in both bid packages raises these questions, Mr. Graves and I have concluded the evidence does not indicate collusion has occurred. 97 ~ HA1T'EN13UT2C, f71LLEY 8 LINI~6LL Englneel9ng Consult~anfs. July 10, 2cDs Mr. Wayne Ogle Public Works Director Clty of Kenai 21G Fidalgo Avenue Kenai, Alaska 99611-7794 Re: Marathon Road Improvements 2008 Recommendation of Award Dear Mr. Ogle: File: 07-032 Bids for the above referenced project were opened on Jufy 8, 2008 at 2:00 PM. Four bids were received and opened. We have reviewed the bids submitted, and all bids appear to be responsive and balanced and meet the requirements of the specifications. The bids were checked for mathematical correctness and no errors were found:. .. The attached Bid Tabulation sheets stibw;all the^,unit prices, calculations, and summation of the bids. The bids and ranking are summarized below; Rank CONTRACTOR Total Bid Engineers Estimate $982,230.D0 1 Southcentral Gonstrucfion, Inc $1,096,265.90 2 Alaska RoadBuilders, Inc $1,042,844.00 3 North Star Paving & Construction, Inc $1,097,943.50 d \Nnlvarine S,_Ipply, Inr_. $1,12Fi,600.Op Based on the above, we recommend that the Gity award the contract to Southcentral Construction Inc., contingent upon sufficient funds available in accordance with the Bid Schedule. Please contact Jeff Fuglestad or myself if you have any questions regarding this !natter. Sincerely, HATTENBURG(~D3LLEY & LINNEL L 1 /~X~~ (~-- scotl warennurcl, P'e. Denrns R. Ltnnell, P.E. Principal Givil Engineer Lorie 0illey. 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O ~ ~O O, ~ (S OO, O O ~ O (~ o e ~ ` ~ g Ig ~ g ° 8 ~, ~ 8 ~ ~ ~8, ~ ° 8 I . , f , f ' , , I IN ~ ' t ~ '~ ~ LL 4 4. ~N I~ N N ~ a P N u LL N w a E i w _ ~ E ~ E ~ E 6 - E E ~ E ~ E c E E ~ I 10 ~ a ay °m a ~ 'o ¢ . O a o u ~ ; O a E ~ N ~ v E u d ~ a ~ E s ~ a ` _e IN ~ ` G K ~ ~ G a K. `q < i IC _ 'G I i 14 ~ I ~ i _ I ~ p U E ~ ~ U °c .E 3 3 i '~ e F d " LL Iy$~ ~ x $F il U ~ r a ~ U m ILL I o ~ ,S ~ a ~ a I ~ m s a ._3 .P ._ ~ t 2 ~ I~ ~_ ~ ,P a> ,a ~ N N c ,_ N F . o M c ~ ~ o~ c E ~ ~a ~' ~ u ~ ~ E c d ~ N o ` v s m Y ti 3 r° a < IZ w S a w a r i LL ~ i I ~N I.. u~ ~~ R I~ ~~ I~ f.~ ~n ~a `2 a o, h 0 N h N N 100 AGENDA KENAI CI'T'Y COUNCIL -REGULAR MEETING JULY 2, Zoos 7:0o P.M. KENAI CITY COUNCIL CHAMBERS http: / 1v~%:ci.Icenai.ak.us ITEM ~: CALL TO ORDER I. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *AIl items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. City Manager Rick Koch -- Forestry Video (11 minutes} 2. Judy Reese, Kenai Peninsula Fire Wise Team/Division of Forestry -- Fire Safe Program Update ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HE.~RINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2321-200$ -- Increasing Estimated Revenues and Appropriations by X250;000 in the Library Expansion Capital Project Fund and $750,000 in the Street and Sezver Capital Froject Fund for Public Improvements. 2. Ordinance No. 2322-2008 -- Placing on the Ballot for the Next General Election the Question As to Whether the Municipal Officers of the City of Kenai Should be Exempt From the Provisions of the State of Alaska Financial Disclosure Statutes (AS 39.50). 3. Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the F4nancial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and; 2) Including the Members of the Planning and Zoning Commission in the Defmitian of "Municipal Officer in KMC 1.85.070; and, Including Stockbrokers and Financial Ad~risors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. 101 4. Ordinance No. 2325-2008 -- Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine of $500 far Trespass in Violation of KMC 3.26.010. Resoiution No. 2008-40 -- Contributing X5,000 to the Central Area Rural Transit System, Ina (CARTS) for Fiscal Year 2008-2049 Transit Services. 6. Resoiuticn No. 2008-41 -- Awarding the Bid to Alaska Enviroscape for Leif Hansen Park Sprinklers Installation - 2008 for the Total Amount of $52,630. ETENL F: MINUTES *Regular Meeting of June 18, 2008. ITEIk[ Cs: UNFYNISfIED SUSINESS ITEM Ii: NEB' STJSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordmance No. 2$26-2008 -- Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7:30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund. 4. *Ordinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4; FBO Subdivision No. 7 8v Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial. 5. *Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. 6. *Ordinance No. 2323-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract 1A of Buffalo Run Subdivision 2008 Replat (Preliminary Plat) Consisting of Approximately 72 Acres from Suburban Residential and Rural Residential to Rural Residential. 7. *Ordinance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering. *Ordinance No. 2331-2008 -- Enacting a New Section of the Kenai Municipal Code {KMC 13.20.040} Titled "Trespass" Making It a Violation to Trespass Upon Real Property. 102 9. Agpraval -- Grant of Easement/T6N R11W, Sections 32 & 33, Seward SW KN2006025, Baron Park 2006 Replat Lot R, Records of the Kenai Recording District (Slope Easement/Marathon Road Improvements). ITEM I: COMMISSIONICOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks ~ Recreation Commission 6. Planning L~ Zoning Commission 7. 'Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OE THE MAYOR ITEM K: ADMIIdISTRATION REPORTS L City Manager 2. Attorney 3. ,City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 23I4-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Gertain Employees in Step CC in the City of Kenai Salary Schedule. (Postponed on June 4, 2008 to August 6, 2008.) EXECUTNE SESSION -- City Manager Evaluation Continuation ITEM N: 103 KENAI CITY COUNCIL -REGULAR MEETING avLY z, 200 a:oo P.M. KENAI CITY COUNCIL CHAMBERS httu~ / Jwunv.ci.kenai.ak. us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OP ALLEGL!1NCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Hal Smalley ti r;tana~e i xtcx zcwss ~ Robert Mo11o Mike Bo le _ !Pat Porter, Mayor Linda Swarner, Vice Mayor __ I A quorum was present. Student Representative Maya Johnson: Absent A.3, AGENDA APPROVAL ADD TO: Executive Session -- Financial Matters SU$STITUTE: H-8, Ordinance No. 2331-2008 -- (Change =removal of "or buildings" from 13.20.040{a}/first line), MOTION: Council Member Swarner MOVED for approval of the agenda as amended. Council Member Smalley SECONDED the motion and requested UNANIMOUS CONSENfi. Tbere were no objections. SO ORDERED. A_ek, CONSENT AGENDA MOTION: Council Member Swarner MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. 104 KENAI CITY COCTNCIL MEETING JULY 2, 2008 PAGE 2 Mayor Porter presented Finance Director Larry Semmens with an inscribed clock and thanked him for his years of dedication to the City of Kenai and commending him on his new position as City Manager at the City of Soldotna. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes} B-1. City Manager Rsck Kacta -- Forestry Video Koch reported the video would be reviewed during the Division of Forestry presentation. B-2. Sudy Reese, Kenos Peninsula Fire Wise Team/Divssian of Faxestrq -- Fire Safe Program Update Reese presented a video and discussion related to the Fire Wise Protection PIan for the City of Kenai and its goal to protect Iife, safety and property. Discussion followed the presentation during which City Manager Koch noted, without further direction of council, when the team returned to continue its work in the City, the work would continue as it had been. Council Member Molloy suggested a discussion item be on the next agenda to continue discussing the issue, including monitoring the removal of brush, an agreement with the contractor, eta ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY,._TEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.} E-1. Ordinance Na. 232I-2008 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Project Fund and $750,000 in the Street and Sewer Capital Project Fund for Public Improvements. MOTION: Council Member Smalley MOVED to adopt Ordinance No. 2321-2008 and Council Member Swarner SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Council discussed amounts already expended or obligated with regard to the library and bluff erosion projects. Administration was requested to keep the council up to 105 KENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 3 date with regard to amounts needing to be expended before use of the library bond. It was also suggested, when funds become available, consideration should be given to developing a drift boat pullout along the river. $70TE: 'Student Representative Johnson: Absent Smalley Yes -~ Eldridge Yes __ j Ross Yes _ Moll~o Yes Boyle ~ Yes I Porter ~ Yes Swarner Yes ~ ~ _ _ _ MOTION PASSED UNANIMOUSLY. E-2. Ordinance Na. 2322-2008 -- Placing on the BaIlot for the Next General Election the Question As to whether the Municipal Officers of the City of Kenai Should be Exempt From the Provisions of the State of Alaska Financial. Disclosure Statutes (AS 39.50). MOTION: Council Member Swarner MOPED for adoption of Ordinance No. 2322-2008 and Council Member Smalley SECONDED the motion. Ti ° iYe vv uu ..e'd for h}ir 7ye~rin~ There haino Ytn QYI P_ Cxn C}1tFtg tf) Y?e Ile?rd; The ~,. cpe pu.,..., ..a. __a - ___ - publie hearing was closed. MOTON TO AMEND: Council Member Molloy MOVED to amend the ordinance title and last whereas paragraph adding, "but remain subject to the Kenai Municipal Code disclosure ordinance (KMC 1.85}" after AS 30.50. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent 106 MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 4 VOTE ON MAIN AMENDED MOTION: *Student Representative Johnson; Absent E-3. Osdiasance Na. 2323-2(108 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Ti~Fembers of the Planning and Zoning Commission in the Definition of "Municipal Officer in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85A30. MOTION: Council member Eldridge MOVED fro adoption of Ordinance No. 2323-2008 and Council Member Swarner SECONDED the mofion. mt_e n.. ?.:„.ate e.~ Fa ,4.7:` tie~!-itt T}:ere be.ng 1^., Cne T.'7.°hirig rn t~,e heWrrt +he public hearing was closed. Council discussion followed with the following comments: • 'The ordinance (subparagraph 3) should include the exception with regard to reporting of rental income to coincide with th.e proposed financial disclosure form. • The ordinance (subparagraph 5) should include "Do not report credit card obligations or revolving chazge accounts" in order to coincide with the proposed financial disclosure form. • Add "or another municipality" to subparagraph 6 of the ordinance, • Add "on the form approved by resolution by the Council" at Item (c). • Clarit}=needed in Section Two, 1.85.030 related. to "spouses of medical doctors, ..." • Include a note directing the filer, if additional pages are needed to list information. include the schedule and the filer's name at the top of each extra page. MOTION TO I~OSTPONE: 107 ~aTaoN p~ssED grNANIM®vsl.~. KENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 5 Council Member Molloy MOVED to postpone Ordinance No. 2323-2008 to the second meeting in July and Council Member Swarner SECONDED the motion. VOTE MOTION TO POSTPONE: *Student Representative Johnson: Absent Smalley Yes Eldn~e ~ Yes I Ross 'Yes Molloy ~ Yes Boyle Yes Porter Yes Swarner Yes MOTION PASSED UN?STIMOUSLY. E-~. Ordinance No. 2325-2008 -- Amending the Cade Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine of $500 for Trespass in Violation of KMC 3.20.010. MOTION: Council Member Ross MOVED for approval of Ordinance No. 2325-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments, VOTE: *Student Representative Johnson: Absent Smalle No Eldrid e No Rass No Molloy No ~ Boyle No , Porter ~ No Swazner No ~ ~ i MOTION FAEI.ED UNANIMOUSLY. E-5. Resolution No. 2008-40 -- Contributing $5,000 to the Central Area Rural Transit System, Inc. (CARTS) for Fiscal Year 2008-2009 Transit Services. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2008-40 and Council Member Boyle SECONDED the motion. 108 KENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 6 The floor was opened for public hearing Jeixnifer Beckmann, Executive Director, CA}2TS -- Beckmann discussed the history of the program and spoke in support of the resolution, requesting support of the resolution on behalf of the people needing the program. Beckmann also noted gas costs had risen; a circular plan for carrying people to and from work had been suggested, but had not gone forward; and reviewed funding sources, etc. Council Member Ross stated his support of the resolution, recognizing it was a one- time payment and would not establish a line item in the budget. Council Member Smalley reported his wife was a member of the CARTS board, but neither she or he received any financial gain from her participation. There being no one else wishing to be heard, the public hearing was closed. VOTE: *Student Representative Johnson: Absent Smalle Yes , Eldrid e Yes Ross Yes ~ Molloy ~ Yes ~ Bo le Yes Porter Yes __ I Swarner Yes ~ ': __ __ i io"iiS'i'iiil~ cTm.uvED 'Gi NI-i1FT:P.:.~.~.Se~',':.K, E-6. Resolution No. 2008-41 -- Awarding the Bid to Alaska Enviroscape for Leif Hansen Park Sprinklers Installation - 2008 for the Total Amount of X52,630. 1N[OTION: Council Member Swarner MOVED for approval of Resolution No. 2008-41 and requested UNANIMO[1S CONSENT. Council Member Eldridge SEOONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: fihere were no objections. SO ORDERED. 1TElt+! F: NtINFTTES 109 IiENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 7 P-1. Regular Meeting ®f Sune I8, 2008 -- Approved by consent agenda. ITEM Cr: UNFINIS$ED BUSINESS -- None. BREAK TAKEN: 8:30 P.M. BACK TO ORDER: 8:30 P.M. ITEM H: NEW BUSINESS H-I.. Sills to be Ratified MOTION: Council Member Smalley MOVED to ratify the bills and Council Member Eldridge SECONDED the motion. VOTE: *Student Representative Johnson: Absent Smalle ~ Yes Eldrid e Yes ,Ross Yes ~ Mollo Yes Boyle -}-Yes-~ Porter Yes Swarner ~ Yes I .____,___,.,_ i I MOTION PASSED UNANIMOUSLY. H-2. Appxogal a€Purchase Orders Exceeding ~i5,000 MOTION: Council Member Swarner MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT, Council Member Eldridge SECONDED the motion. VOTE: There were no objections. 50 ORDERED. H-3. Ordinance Na. 2326-2008 -- Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund. Introduced by approval of the consent agenda. 110 KENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 8 H-4.. Ctrdinanee No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 8s Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial. Introduced by approval of the consent agenda. H_6, f8rdinanee No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-l, Gusty Subdivision No. 7 From Conservation to Light Industrial. Introduced by approval of the consent agenda. H-6. Qrdinanee No. 2329-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract lA of Buffalo Run Subdivision 2008 Replat (Preliminary Plat) Consisting of Approximately 72 Acres from Suburban Residential and Rural Residential to Rurat Residential. Introduced by approval of the consent agenda. H-7. Qrdsnance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering. Introduced by approval of the consent agenda. H_g, Qrdsnance No. 2331-2008 -- Enacting a New Section of the Kenai Municipal Code (KMC 13.20.040) Titled "Trespass" Making It a Viola.tian to Trespass Upon Real Property. Introduced by approval of the consent agenda. H-9. Apsproval -- Grant of EasementJT6N R11W, Sections 32 & 33, Seward SW KN2006025, Baron Park 2006 Replat Lot A, Records of the Kenai Recording District (Slope Easement/Marathon Road Improvements). 11Q®TION: Council Member Smalley 'MOVED for approval of the Grant of Easement. Council Member Eldridge SEC®NI3EI3 the motion and requested UNANINi®LTS C®NSEN1`. 111 KENAI CITY COUNCIL MEETING JULY 2, 2608 PAGE 9 It was noted, the grant of easement would provide for construction slope easements for the Marathon Road project, and the "SW" in 'the description would be corrected to be "SM" (Seward Meridian). VOTE: There were no objecfions. SO ORDERED. ITEM I: COMMISSION/COMMITTEE REPORTS Ll. Council on Aging -- Council Member Eldridge reported the July meeting had been cancelled and the next scheduled meeting would be August 14, 2008. I-2. Airport Commission -- Council. Member Molloy reported the next scheduled meeflng would be held on July 10, 200$. I-3. Harbor Commission -- Council Member Boyle reported the next meeting would be held Monday, Juiy 7, 2008. I.4. Library Commission -- Council Member Smalley reported the July meeting had been cancelled and the next scheduled meeting would be held August 5, 2008. I-5. Paxks & Recreation Commission -- Council Member Eldridge reported ..i..~ .. w ,a ~ ,a ,ld ho t,atd ~Tn7., 3 2QQR 1~ljavnr Porter noted; the ...... nG.'>t aeiteui:.ieu t~h Peting wvt„ ~„ .. _._/ ..., ... commission would be reviewing a draft ordinance related to formation of an advisory cemetery committee with a sunset date. I-6. Planning 8u Zoning Commission -- Council Member Ross reviewed the actions taken at the June 25, 2008 meeting (minutes were included in the packet). I•?. Msscellaneous Commissions and Committees I-4a. Beautification Committee -- Council Member Swarner reported the next scheduled meeting would be held July 8, 2008. I-7b. Alaska Municipal League Report -- No meeting. I-7c. Mini-Grant Steering Committee -- No meeting. ITEM 3: REPORT OF THE MAYOR --Mayor Porter noted functions she attended, including the BP community picnic and career fair, Frontier Services annual baseball game, the Alaska Oil & Gas Annual luncheon, and Kenai River Classic events. ITEM K: ADMINYSTRATION REPORTS 112 KENAI CITY COUNCIL MEETING JULY ~, 2008 PAGE 10 Ii-l. ,City Manages -- City Manager Koch noted the following items: • Report on the fire in the Campbell Creek area in Anchorage. • The slash deposited at Forest and Spur Highway had been removed as well as others generated from Fire Wise Program. + He would continue to participate in the suggested sports dome discussions, noting he emphasized the group should focus on operational costs and how they would be met. + Will be meeting with the Governor in late July related to the bluff erosion project. • He would be out of the office from August 4-15. • He would be meeting with state agencies related to grant opportunities for dunes protection. If-2. Attorney -- City Attorney Graves thanked Finance Director Semmens for his years of work c~rith the city and reported he was investigating purchase of software related to attaching Permanent Fund Dividends and would bring a resolution to transfer funds if the software would be purchased. K-B. City Clerk -- No report. ITEM L: 17ISCUSSIdN L-1. Citizens -- None. L-2. Councsl -- Sararner -- Noted the following items: • Thanked Cterk Frees for volunteering at the Kenai Classic. The Federal Express office had been remodeled. • 'The addition to the GLM building was progressing: • She suggested a copy of the most recent audit and income tax returns be received from non-profits to whom the city may consider donating funds of $5,000 or mare. Attorney Graves noted, the request could be a condition of the resolution declaring the donation. Smalley -- Noted he believed the city was looking very nice and stated his appreciation of the care given, thanked Semmens for his years of employment anal welcomed Terry Eubazzks (Semmens' successor). Eldridge -- Stated he was happy to see the corporate jets at the airport, reported the, EDD Executive Director was resigning, and thanked Semmens far his service to the city. 113 KENAI CITY' COUNCIL MEETING JULY 2, 2008 PAGE 11 IBoss -- Thanked Semmens far his years of service, welcomed Eubanks, and thanked Attorney Graves for his memorandum related to cell phone towers. Malloy -- Requested administration investigate boats parked by Tern on Walker Lane; requested administration to investigate the city`s policy of other entities linking to the city's webpage as he had received a comment from the Kenai Community Foundation Board to that regard; and, requested aerial photographs of the rezones to be before council at the July 16, 2008 meeting. Boyle --Thanked Semmens and wished him good luck and welcomed Eubanks. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2314-ZOOS -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%} for Certain Employees in Step CC in the Gity of Kenai Salary Schedule. (Postponed on June 4, 2008 to August 6, 2008.) EXECUTIVE SESSION -- City Manager Evaluation Continuation MOTION: Council Member Swarner MOVED to convene in an executive session of the Council of the City of Kenai concern matters, the immediate knowledge of which would clearly have an adverse affect upon the finances of the City of Kenai, and that would tend to preyudice the reputatiori and character of another, i.e: continuation of the city manager's evaluation. Council Member Smalley SECONDED the motion. VOTE: Smatle Yes Eldrid e Yes Ross Yes Mollo Yes Bo 1e Yes .Porter Yes Swarner ~ Yes MOTION PASSED UNANIMOUSLY EXECUTIVE SESSION: 8:49 P.M. SACK TO ORDER: lO:l8 P.M. Council Member Swamer reported during the executive session, council decided not to pursue real estate options; directed administration to proceed with the negotiations with the University of Alaska Anchorage; directed administration to continue 114 KENAI CITY COUNCIL MEETING JULY 2, 2008 PAGE 12 investigating easement issues on WHdwood Drive; and, reviewed goals and objectives of the city manager and discussed them with the city manager. Further comments of council: ® Electrical use survey -- Koch reported the survey had been completed and was being used as a tool for projects. Council requested they be provided an executive summary of the summary with what direction would be taken. ® Concern from a resident of a visiting relative being cited for four-wheeler use and felt it was inappropriate to be cued without a warning. Concern was expressed the council should not be involved with whether citations are issued or not and should refer the matter to the city manager or police department. ITEM N: ADJC-URNMENT There being no further business before the Council, the meeting adjourned at approximately 10:25 p.m. Minutes submitted by: Carol L. Freas, City Cterk *The student may cast advisory votes on alt matters except those subject to executive session discussion. Advisory votes shalt be cast prior to the official council vote and shall nat aff et the outcome of a vo*_e. Advisorv~ votes shall be recorded in fhe minutes. Student representatives may not move or second items during a council meeting. 115 ~, C w t. r ~ ~ ~ fi 0 ~ M ~ u) ~ ~ P r pp ~ N 'd V N M W ..J LD Q J Z ~ J }" '`° W Q ~ ~ ~ ~ ~ ? a ~ 7 Z 4a9 U. J ~ W O ~ ~ ® O W ~ N ~ ~ h a d ~ U K w ~ x n ~ w U w ° ` z `~ D ~ ~ W °~+ o ~ d ~ c o eas .- cas ~ a z r a Z w ` S w ~ a .mot r. C ~ ~ a ~ z U u~i ~~ 116 o. a d J v O C9 P~ w w Z S CA a O ~ a °a ~ ~YD ~ ~ a W p ti: {Jj O W ~ ~ F- O ~ ~W ~ aC .~ !U Z ~ O a ca ss O O O O m m ~ M M 07 N r a ~ ~ «s H ~ o a z a W o ~ = z av m co z Y a C~. W Z 7 Z a w x v ~ a O w a ~ ~U' O tq Z D W ~ W X Z O m a ~ wy" ~ d O z U lLF ~ U ~ z ~ n O O O °o O M U7 w U K W Q z 0 m W 0 a z O u~ cai W W }W- z w U ¢O W U rn ii ¢t U a cif } 0 m 117 0 O ari W N O O Gt Y 0 N 0 z Q w a a zz oa ~U ~ ~~ a ~~ ik n O o vw a: ~ ce U z A z w d !' \ ,.; 4-N~_. \\ fketitY~f // "l/illae u~itl~ a Past c`t~ wit~t ;~ r~t~cre 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~„~~~„( Telephone; (907) 283-7535, Ext. 236 /FAX: (907) 283-3014 ~, 1492 1®.~^~,l®1 1.~~V1TJL TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: July 9, 2008 SUBJECT: Marathon Road Improvements - 2008; Approval of Purchase Order for Amendment 1 to HDL's PSA Rick, In their 9 Juiy 2008 letter, HDL submitted to the City their fee estimate for Amendment 1. This fee estimate included additional work the City requested for the project. In summary, the work included {1} additional topographic surveying and preparation of Temporary Construction Easements & Slope Easements legal descriptions and figures, (2) a credit for unused funds for geotechnical work, (3) additional design work for storm drains and curb and gutters, (4) further definition of the base project for this construction season and (5) Construction Ir?spection Services. Thera are sufficient funds to cover costs for Amendment 1. I recommend City Council vote in favor of approving the increase of Purchase Order 86417 to HDL by $121,010 for Amendment 1. 118 HATTENBURt; diLLEY & LINNELL Engineering Consultants Scott Heftentturg, PE Lone Oidey, PEICPG Dennis Llnnell, PE d Lundin, PE July 9, 2008 Mr. Rick Koch City Manager Gity of Kenai 210 Fidalga Avenue Kenai, Alaska 99611-7794 Re: Marathon Road Improvement Project Additional Wdrk Dear Mr. Koch: File: 07-032 Additional work was requested for the Marathon Road Improvement 2008 project. This additions! work includes: Task 1 -Surveying: Additional Topographic Surveys .and: he.,pteparation of Slope Easements & Temporary Construction Easements legal descriptions and figures for the urban section of Marathon Road, Kenai Spur Highway to HEA Access Road. Task 2 -Geotechnicai Investigation: The final Geotechnicai Report and Recommendations have been finalized, and no additional work is required. A credit is shaven for the unused funds. Task 3 - Enviranmenfai Services/Fermiiting: info addiiionai work required. Task 4 -Plans, Spac~aations, and Estimate; Additional design effort far the rehabiiffation/reconstruction of the urban section of Marathon Road, Kenai Spur Highway to HEA Access Road, including the addition of a storm dtain system and curb & gutter on both sides, the additional design effort to split out the Marathon Road urban section as a separate PS&E package for this year's construction, and assistance during bidding. Task 5 -Public Involvement: No public involvement was required. A credit is shown far the unused funds. Task 6: The addition of Construction inspection Services for the Marathon Road Improvement 2008 project. 3335 Arctic Boulevard Sute '100 Anchorage Alaska 99503 Phone: 907.564.2120 Fax: 907.564.2122 808 South Bailey Street Suite 102 Pelmer Alaska 99645 Phone: 907.746.5230 Fax: 907.74"0,5231 119 RE: Addifionat Costs Not Anticipated in the Contract July 2, 2008 Page 2 of 2 An amendment should be issued to our contract in the amount of $121,010 for these additional services. Please contact Jeff Fugiestad or myself if you have any questions regarding this matter. Sincere3y, MATTENBURG DILLEY & LINNELL f~.Y", Dennis R. Linnell, P.E. Principal Givi1 Engineer Encl: HDL Fee Estimate -Amendment 1 `~HATfENBUft6 ~ILLEYBLitJNEL! =a5i~ae,inB CanaWtants 120 Task Project; Kenai Marethon Road Improvements Engineer: HATTENBURG D{LLEY & LINNELL Fee Summary by Task Date Prepared: 7-09-48 Amendment-1 Contract ACTIVITY Original Contract Total Total 1 Surveying 2 Geotechnicai Investigation 3 Environmental Services Permitting 4 Plans, Specifications, and Estimate 5 Pubf3c Involvement 6 Construction inspection (Marathon Urban) 24,365 12,530 36,895 15,559 -4,000 11,559 19,484 0 19,484 98,378 44,488 '342,886 7,070 -7,470 0 0 75,062 75,062 164,856 121,010 285,$66 Marathon Raad Fee Estimate_amendment1v2.XLS t pt~l 7/9/2008 9:18 AM Project: Kenai Marathon Road Impravements Engineer: HATTENB URG DIL LEY & LINNELL Surveying - Amendment 1 Date Prepared: D7/09/08 SUB SUB TASK ACTIVITY QTY RATE LABOR REIMB CONTR TOTAL TOTAL 9.0 Design Survey ......................... .............. ............. ..............................................:... ................ $12,530 1.1 Prnjsc Management and Con rdinatinn $1,590 Projecf Manager 4 hrs @ 145 580 Survey Manager 8 firs @ 125 1,600 1. R .amh $0 Survey Technician VI{ 0 hrs @ 70 0 Project Surveyor 0 hrs @ 120 0 y~~,onfrol Survev $0 2-Person Survey Crew 0 hrs @ 170 0 2-Person Survey Crew (OT) 0 hrs @ 205 0 Project Surveyor 6 hrs @ 124 0 1 4 To~agtaphir. Field Survey $3,200 2-Person Survey Crew 16 hrs @ 170 2,720 2-Person Survey Grew (OT) 0 hrs @ 205 0 Project Surveyor 4 hrs @ 120 480 1 5 ProR~YY nmerA irv y $0 2-Person Survey Crew 0 hrs @ 770 D 2-Person Survey Crew (OT) 0 hrs @ 205. 0 Project Surveyor 0 hrs @ 120 0 1 fi Tr,~~ I,P r.~ nnarnir,rs R At mec;r r:nn}rrt , 7 ~r m $ i~~~'tl ' Survey Technician V(i 36 hrs @ 70 2,520 Project Surveyor 12 hrs @ 120 1,440 PLS Review 0 hrs @ 125 0 17 Acrommodations $0 Food & Lodging 6 days @ 175 0.00 1~s£mgnt~{$loo & T ) x hi&It~ $3,790 Drafting Technician 22 hrs @ 85 1,870 Project Surveyor 16 hrs @ 120 1,920 SuBtotal 92,530 ^ 0 32,530 5% Markup 0 0 $0 TOTAL TASK 9 12,530 0 0 $92,530 2 }~ 2 7r^~zooa s:i a aM Project: Kenai Marathon Road Improvements Engineer: HATTENBURG DILLEY & LINNELL Geotechnical Investigation -Amendment 1 Date Prepared: 07(09108 SUB SUB TASK ACTIVITY QTY RATE LABOR REIMB CONTR TOTAL TOTAL 2.0 Geotechnical tnvestigatfon ..................................................................................................:.. $4,000 Reeort Preparation Geotechnical Engineer D hrs @ 145 Staff Geologist -50 hrs @ 80 Drafting Technician 0 hrs @ 85 Clerical 0 hrs @ 65 Reimbursables D Sum @ 200 Subtotal 5°f° Markup TOTAL TASK Z -$4,000 0 -4,600 0 0 0 -4,000 0 0 -4,000 0 D $0 -4,00@ 0 0 -$4,000 agt~ 3 7!9(2008 9:18 AM Project: Kenai Marathon Road improvements Engineer: HATTENBURG DILLEY & LINNELL Environmanta{ServiceslPermlttlng -Amendmeml Date Prepared: 07/09108 SUB SUB TASK ACTIVITY QTY RATE LABOR REIMS CONTR TOTAL 3.0 Environmentat Services ..................................... 3 1 Proiect Management end Coordination Project Manager 0 hrs @ 145 Project Manager D hrs @ 145 Senior Environmental Specialist D hrs @ 85 Drafting Technician 0 hrs @ 75 Clerical O hrs @ 50 Airfare 0 ea @ 150 Car 0 days @ 100 Food & Lodging 0 days @ 175 3 4 Prepare Draft Cat-EX Project Manager D hrs @ 145 Senior Environmental Specialist 0 hrs @ 85 Drafting Technician D hrs @ 75 Clerical 6 hrs @ 65 Reproduction 0 as @ 10C 34 DOT Review Project Manager D hrs @ 145 Samar Envlronmenta(Speclalist 0 hrs @ 85 . S Final ,ar- x Pra}ect Manager 0 hrs @ 145 Senior Eirvirunnientai Spaciaiiat D hr3 @ 65 Drafttng Technician 0 hrs @ 75 Cledcal 6 hrs @ 65 Reproduction 0 ea @ 10D 3 6 Permit Aaolicafions and Coordin ation Project Manager D hrs @ 145 Senior Environmental Specialist 0 hrs @ 65 Drafting Technician 0 hrs @ 75 Clerical D hrs @ 85 Reproduction D ea @ 50 ADEC Storm Drain Plan Review 0 ea @ 430 ADEG Waterline Plan Review 0 ea @ 3D0 Subtotal 5% Markup TOTAL TASK S 0 0 0 g D 0 0 0 0 0 D 0 a 0 0 D "v 0 a 0 0 0 6 0 g g 0 TOTAL ... $0 0 0 0 $0 0 0 0 0 0 0 0 0 $0 0 0 0 $0 4 ~f~ 4 7/9Y2008 9:1 B AM Project: Kenai Marathon Road Improvements Engineer: HATTENBURG DILLEY & LINNELL Plans, Specifications, and Estimate - Amandment 1 Date Prepared: 07/09!08 SUB SUB TASK ACTIVITY 4TY RATE LABOR REIMB CONTR TOTAL TOTAL 4.0 Plans, Specifications, and Estimates $44,486 41 DOT&PF TORA Assistance $2,000 Project Managar 8 hrs @ 145 1,160 Designer/Engineer 8 hrs @ 105 840 4.2 °rojact Management & Coor dination $1,160 Project Manager 8 hrs @ 145 .1,160 4,3 Design Stu Report $3,100 Project Manager 4 hrs @ 145 580 Designer/Engineer 16 hrs @ 105 1,680 Drafting Technician 4 hrs @ 85 340 Reproducfion 1 Sum @ 500 500 4.6 1 Final PS&E PI3ns !Maratho n Road Urb an! $34,695 Project Manager 12 hrs @ 145 1,740 Designer/Engineer 170 hrs @ 105 17,850 Staff Engineer 12 hrs @ 80 960 Drafting Technician 156 hrs @ 85 13,430 Clerical 11 hrs @ 65 715 $3,470 Project"Aanager 10 hrs @ 145 1,450 DesigneriEngineer 12 hrs @ 105 1,x60 Reproducfion 0 Sum @ 500 0 Airfare 4 ea @ 190 760 Subtotal .43,165 1,260 0 44,425 5%Nfarkup 63 6 $63 TOTALTA3K4 43,165 1,323 0 $44,48$ 5 t~f~ 5 7/9/2008 9:1 B AM TASK Project: Kenai Marathon Road improvements Engineer: HATTENBURG DILLEY & LINNELL Public Involvement Date Prepared: 07!09108 SUB SUS ACTIVITY QTY RATE LABOR IZEiMB GONTR TOTAL 5.0 Public Involvement .............................. 5 1 Caupgil Meetipgs~l times) Project Manager -8 hrs @ 130 DesignerlEnglnaer -8 hrs @ 105 Drafting Technician -6 hrs @ 85 Clerical -4 hrs @ 65 Airfare -2 ea @ 150 Car -1 days @ 100 -1,040 -Bao -510 -260 -300.00 -100.00 -$3,050 -$3,9$0 ProJeot Manager -8 hrs @ 130 Designer/Engineer -12 hrs @ 105 Drafting Technician -12 hrs @ 85 Clerical -4 hrs @ 65 Airfare -2 ea @ 150 Car -1 days @ 1 DD -1,040 -1,260 -1,02D -260 -300.00 -100.00 TOTAL -$7,D7D Sutatotal -6,230 -800 0 -7,03D 5°fa Markup -40 0 -$40 . TOTAL TASK 5 -6,230 -840 0 -$7,07D 6 t~#~ 6 7/9!2008 9:18 AM Project: Engineer: Date Prepared: TASK AGTIViTY fi.0 Construction Inspection....... Kenai Marathan Road Irrtprovaments HATTENBURG DILLEY & LENNELL Construction Inspection (Marathon Urban) -Amendment 1 07/09/08 SUB SU8 OTY RATE LABOR REIMS CONTR TOTAL TOTAL .................................................................................................. $75,062 61 Coordination. Shc Drawing Review, Periodic Site Visits $17,540 Project Manager 40 hrs @ 145 5,800 Designer/Engineer 98 hrs @ 105 10,080 Clerical 8 hrs @ 65 52D Airfare 6 ea @ 190 1,140.00 Car D days @ 1 OD 0.00 6.2 Constn~ctien Insnectitan Nelson Engineering 1 Sum @ 54,729 54,729 $54,729 Subtotal 16,490 1,140 54,729 72,269 5% Markup 57 2,736 $2,793 TOTAL TASK 5 16,400 1,197 57,465 $75,962 7 4th 7 7/9/2008 9:18 AM CONSULTING ENGINEERS STRUCTURAL CIVkL ENVIRQNMENTAL 155 61DARKA STREET KENAI, ALASKA 99611 (907) 283.3583 FAX 1807) 283.451A June 1, 2008 Jeff Puglestad, HDL 3335 Arctic Boulevard, Suite 140 Anchorage, AK 94503 Re: Marathon Road Improvements 2008 - Inspection Propasal Dear Mr. Fuglestad, My fee proposal for the Marathon Road Improvements 2008 Project is attached. I will be the Principal in charge of this project. I will provide project review as required. Blake Larson, PE will be die sngsteer in charge of coord;,,ation between our firm and FIDL and Joe Jolly will be our quality control field inspector. I propose to provide the construcfion inspection for this project for a not-to exceed fee of $54,729. An estimated fee breakdown is attached far your review. For additional services outside the scope of this project our attached fee schedule will be used for billing time and materials. Sincerely, ~~~~~ Wm. J. Nelson, PE 128 COIv'TENTS PROJECT MANAGEIvIENT Narrative SCOPE COST PROPOSAL Project Budget for LID Paving Improvements Fee Schedule for Additional Services 129 PROJECT MANAGEMENT Wm. J: Nelson, PE will be the princtpal responsible for the campletioq of the inspection services. Mr. Nelson wiIl be the contact for the City and will. be in attendance at the public hearings, utility meetings, etc. Mr. Nelsen will also coordinate and supervise the work of others ou the project. Blake Larson, PE will be the engineer for coordination between. our firm and HDL and J'oe Jolly will he the field inspector. seoPE The project Scope includes the provision of Construction Inspection services for the Marathon Road Improvements Project. This street is being upgraded to an urban section with scans drain, curb and gutter, and asphalt sidewallc. Our fnm will provide inspection services as specified in the work plan below. WORK PLAN TASK 5: Cansttvetion Inspection. * Act as HDL and the City's representative to monitor compliance with plans, specifications and design intent. * Provide construction observation as required to assure compliance with contract plans and specifications. Determine aciual quantities of bid items installed as required far determining payment to Contractor: '~ Log daily activities, provide daily field report. * Direct changes consistent with design but made necessary due to field conditions whiclx do not affect project schedule ar budget, only after approval from HDL. 130 CONSULTING ENGINEERS STRUCTURAL CtVlL ENVIRONMENTAL 155 81DARKA STREET KENAI, ALASKA 99611 (907} 283.3583 FAX (907} 283-4514 Fee Schedule Engineering(Inspection Personnel Registered CiviUStruotac'al. Engineer Civil Engineer, PE Staff Engineer, EIT AutoCad. Technician Iuspectar Clerical Regular Time 145.00 par hr. 115.00 per hr 85.00 per hr 70.00 per h1 80.00 per hr 40A0 per hr Direst Project Expenses Third Party Charges Vehicle Invoice Cost Plus 10% .$30.00/day 131 132 Suggested by: Administration czTY ~~ xENAI ORDINANCE NO. 2332-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FNCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $113,222.22 IN THE VISITORS CENTER HEATING SYSTEM CAPITAL PROJECT FUND TO REPLACE THE VISITORS CENTER HEATING SYSTEM. ~hrHEREAS, the heating system at the Visitors Center needs to be replaced; and, WHEREAS, the Gity of Kenai is part of a class action lawsuit that is expected to generate funds to pay for a large part of the cost of replacing the heating system; and, WHEREAS, the City of Kenai previously received approximately $71,731 as partial settlement; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Visitors Center Heatine Svstem Capital Protect Fund Increase Estimated Revenues: Restitutions $113,222.22 Increase Appropriations: Cerstruc±inn $113,222.22 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finanee:~ (07/07/2008) ml July 16, 2008 August 6, 2008 August 6, 2008 133 CITY ®~ iCE1o1A1 210 F1llALGQ AVE., RENAL, ALAS[;A 9 961 1-7 74v TELEPHONB: 907-283.7535 - PAX: A07-283-307A lol J.:.I lei ® ~ 1® ~ ~ 1®1 TO: Mayor Porter and. the Kenai City Council FROM: C~, Cary R. Graves, City Attorney DATE: July 8, 2008 It>;: Cntran II Claim Update T'he Entran II claim involves the class action suit on the defective radiant heaC piping in the Visitors and. Cultural. Center. The class action has divided up claimants hrto tluee classes. Class I Class I includes claimants who have had property damage such as leaking corrosion and/or damages to the boiler. Under the settlement, claimants h7 Class I are to receive 34.2 % of their `'maximum claim." The maximum claim is calculated on the basis of square footage heated by Che defective system. Despite the numbering system, Class I is the middle level of the claims. The City's maximum claim under the settlement is $703,243.60. Class I claimants received an initial payment of 10.2 % of Cheir maximum claim and are scheduled to receive another 24% for a total of 34.2%. ('lase F- Class II includes claimants who have had property damage including seriaus or catastrophic failures of the heating system including major water damage andlor in-line breaks causing property damage. Class II claimants received an initial payment of 10.2%. They get a second payment of 16.1% and a final payment estimated at 26.3% far a'total of 52.6%. Class II is the highest level of claims. The final payment will not be paid auf until after the class closes an November 17, 2009. That is the ftnal date to file a new claim or amend an existing claim.. Class III Class III includes thane claimants who have not yet suffered any property damage. They are scheduled to receive a total payment of 10.2%. Class III is the lowest lave] of claims. When we initially filed on May I9, 2005, wa were in Class III since cue had nat yet suffered any damage. We received a check for $74,730.$5. 134 13ntran II update Page 2 of 2 AMENI3El3 CLAIM On April t 0, 2008, we submitted a request to amend our olaim ''from the lowest {Class III) to the highest {Class II). ~JJe submitted addition information such as repair and. replacement cost estimateslinfomiation from Rick Koch and Bob Springer and an engineering report from Jerry herring (P.E.). Switching to a Class II was very important because it ntoant we wotild receive about $300,000 more than a Class III claim and $130,000 more than a Class I claim. On Juiy 7`~', 2008, we received a letter informing us that ow- request had been approved. Also included was a check for an additional $313,222.22. The total received so far is $184,453.07 or about 26.3% of our maximum claim. We should be receiving another 26.3°io a few months after November 2009 when the claims period closes. The total received should be around $370,000. Please lei me lmow if you have any questions. 135 Suggested by: Administration CSTY OF IfENRL OYZUINANCE NO.2338-2008 AN .ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,217.60 IN THE GENERAL FUND FOR POLICE CANINE PROGRAM EXPENSES. WHEREAS, Central Peninsula Crimestoppers has, in the past, been the repository for private donors to give to the Kenai Police Department Canine Program for the police canine purchase, training and ongoing program expenses; and, WHEREAS, for tax purposes Central Pennsula Crimestoppers no longer wishes to hold funds for the Kenai Police Department Canine Program and wishes to close out the account; and, WHEREAS, these funds are needed to pay far the outdoor canine kennel at the canine handler's residence; and, WHEREAS, it is in the best interest of the City of Kenai to provide for an outdoor kennel for Canine "Chevron" at his handler's residence. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Revenue $3,217.60 Increase Appropriatians: Police -Small Tools $3,217.60 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 16, 2008 Adopted: August 6, 2608 ~{~~ Effective: August 6, 2008 Approved by Finance:---~~1-= (07/08/2008] hl 136 i P~o6ce Memorandum To: Rick Koch, City R~axiager From: Chuck Kapp, Chief of Police ~'' Cc: Larry Semrnens, Finance Director Date: o~~a~raooa Re: Request for Ordinance Increasing Revenues and Appropriations to Felice Small Toals to purchase an outdoor kennel far Police Canine "Chevron" In 2006 the Kenai Police Department Canine Program was put in place and Central Peninsula Crimestoppers agreed to serve as a repository for private businesses to make donations to the Kenai Police Canine program to help cover the costs of dog purchase, training and ongoing supplies. In F~prii 200& Crimestoppers advised Chief Kopp that for tax purposes they no longer wished to hold funds for the Kenai Police Canine program. A check for $3,217.00, the balance of funds far the Kenai Police Canine program, was written to the Kenai Police Department. I am requesting an adinance to incr~e estimated revenues and appropriate these funds to Paii~:c UiTaall T oai3 ivr tail, pSxrCxia3e of an autuaar ~i~'8nai°vi rar Canine ".~.lte'vran" at ills handler's residence. "Chevron" currently does not have an outdoar kennel. Estimated costs for materials and tabor is $4,000.00. ® Page 1 137 Suggested by: Mayor Porter CITY ®F KENAI ORDINANCE NQ. 2334-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING A NEW CHAPTER IN THE KENAI MUNZCIPAL CODE (KMC 24.30) TITLED KENAI MUNICIPAL CEMETERY ADVISORY COMMITTEE ESTABLISHING AN ADVISORY CEMETERY COMMITTEE TO ASSIST IN THE PLANNING AND DEVELOPMENT OF AN ADDITION TO THE EXISTING CEMETERY, ITS INTEGRATION INTO THE EXISTING CEMETERY AND INCLUDING A PROVISION TO SUNSET THE COMMITTEE AFTER A PERIOD OF TWO YEARS. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Cemetery; and; WHEREAS, the City of Kenai does not currently have a citizer. adv:sary board; and, WHEREAS, the City of Kenai is planning an addition to its existing cemetery; and, WHEREAS, it is in the best interest of the City of Kenai and its citizens to establish a citizen advisory cemetery committee to assist in the planning and develapment for the addition to the Kenai Municipal Cemetery and its integration into the existing cemetery; and, WHEREAS, since the committee will primarily deal with the planning and development of the addition and its integration into the existing cemetery, the cemetery advisory committee shauld be have a sunset date two years from its establishment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a new chapter to be numbered KMC 24.30 (Kenai Municipal Cemetery Advisory Committee) which shall read as follows: Chapter 24.30 KENAI MUNICIPAL CEMETERY ADVISORY COMMITTEE Sectianse 24.30.OZ0 Duties and powers. 24.30.0 I0 'Duties and powers. (a) There is established a Kenai Municipal Cemetery Advisory Committee consisting of five members. Four members shall represent the owners of private plots and/or the community at Iarge. One member shall be a member of the funeral home or mortuary service sector. 138 Ordinance Aro. 2334-2008 Page 2 of 2 (b) The committee shall act in an advisory capacsty to the City in matters of policy conceiving the I{enai Municipal Cemetery regarding the following matters: (1) Planning and development of the cemetery addifion and its integration into the existing cemetery. (2) Preservation of the history of the Kenai Municipal Cemetery. (3}, Performance of other duties as the Kenai City Councilor City Manager may designate from time to time. (c) The Kenai Municipal Cemetery Advisory Committee shall sunset on December 31, 2010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 2008. PAT PORTER, MP.YOR ATTEST: Carol L. Freas, City Clerk Introduced: July 16, 2008 Adopted-: August 6, 2008 Effective: September 6, 2008 139 KENAI AIRPORT COMMISSION JULY 1Q, 2008 KENAI CITY COUNCIL CIiAMBERS 7:00 P.M. WORK SESSION: 6:00 P.M.-7:00 P.M. Establishing Minimum Stasidards Regarding Fuel AGENDA ITEM T : CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a. May 8, 2008 b. June 12, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. ,Rick Koch, Citq Manager -- Ordinance No. 2326-2008/Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020} to Establish a Brew investment Policy for the Airport Land Sale Permanent Fund. ITEM 5: OLD BUSYNESS a. Discussion/Reeommendaticn -- Float Plane Basin Development ITEaOT c~3: NE wr apaU VT%Ei~av a. Dase¢ssion/Recommendation -- Lease Application/James H. Doyle, dJb/a Weaver Brothers, Inc. -- Tract B, Gusty Subdivision No. 6. b. Discussion/Recommendation -- Establishing Minimum Standards for Commercial Aviafion Activities. ITEM ~: REPORT a. Commission Chair b. Airport Manager a City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS 140 a. Kenai City Council Meeting Action Agendas for June 18 and July 2, 2008.. b, Wince-Corthell-Bryson Report/Runway Safety Project. c. Selection Committee Memo Recommending Wince-Corthell-Bryson for the Airport Engineering Professional Service Contract. d. Ci yManager Memo/Kenai Municipal Airport Fees. `" e. City Manager MemoJFuel Flowage Fee. f. Proposed Rezone/Conservation to Light Industrial -- Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8/Forestry Lease and Vacant. g. Proposed Rezone/Conservation to Light Industrial -- Tract A, Gusty Subdivision #3; Tract B, Gusty Subdivision #6; and, Tract C-l, Gusty Subdivision #7. h. 5/2008, Anchorage Airport Masfer Plan News/Runway Capacity Alternatives Evaluated. i. 2008 Kenai Peninsula Air Fair/Final Report. j. May, 2008 Kenai Municipal Airpart Enplanement and Float Plane Basin Activity Reports. k. Ordinance No. 2330-2008, Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering. ITEM 1L: 141 KENAI AIRPORT COMMISSION JULY S Q, 2008 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. GFIAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called confirmed as follows: Commissioners present. Commissioners absent: Others present: the meeting to order at approximately 7:04 p.m. Roll was J. Zintl, J. Bielefeld, H. Knackstedt, C. Versaw, E. Mayer, and L. Porter D. Haralson Airport Manager M. Bondurant, City Manager R. Koch, Council Member R. Molloy A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Mayer MOVED for approval of the agenda as presented and Commissioner Zirul SECONDED the motion. There were no ohjections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY 3-~. ivaajs 8, 2008 3-6. Jvne Z2, 2008 MOTION: Commissianer Bielefeld MOVED for approval of the May 8 and June 12, 2008 meeting summaries and Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD ~-a. Ric& Koch, City Manager -- Ordinance No. 2326-2008/Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code {KMC 7.30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund. City Manager Koch updated the Commission with regard to Ordinance No- 2326-2008, establishing a new investment policy for the Airport Land Sale Permanent Fund. A general discussion and question/answer period followed. 142 .ITEM 5: OLD BUSINESS 6-a. Discussion/Recommendation -- Float Plane Basin Development No discussion. ITEM 6: NEW BUSINESS 6-a. MOTION: Discussion/Recommendation -- Lease Application/James H. Doyle, d/b/a Weaver Brothers, Inc. -- Tract B, Gusty Subdivision No. 6. Commissioner Bielefeld MOVED for approval of the Lease Application/James H. Doyle, d/b/a Weaver Brothers, Inc., Tract B, Gusty Subdivision No. 6. Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. 6-b. Discussion/Recommendation -- Establishing Minimum Standards for Commercial Aviation Ac±i~r±ies. No discussion. YTEM 7: REPORT 7-a. Commission Chair -- Chair Knackstedt noted there appeared to be more float plane traffic than in the past. 7-b. Airport Manager -- Airport Manager Bondurant noted the following: + Airport collected $2,200 in parking/landing fees during the month. + Slie a.-id Casey iv"sadden of Wince-Cortlieil-Bryson met with FAA representatives to establish athree-year ACIP list. • The urea building construction project had begun c~$tn the completion date to be September 30, 2008. 7-c. City Council Liaison -- Council Member Molloy reviewed the action agendas of the June 18 and July 2, 2008 council meetings. ITEM S: COMMISSIONER COMMENTS AND QUESTIONS Mayer -- Noted bird problems that took place during the last weekend and Bondurant reported she would follow up on the concerns. Bielefeld stated the fuel flowage fee should be reconsidered as it may discourage potential tenants. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. AIRPORT COMMISSION MEETING JULY 10, 2008 PAGE 2 143 ITEM Y0: %NFDRMliTI(3N ITEMS ZO-a. Kenai City Council Meeting Action Agendas for June 18 and July 2, 2008. 10-b. Wince-Corthell-Bryson Report/Runway Safety Project. 10-c. Selection Committee Memo Recommending Wince-Corthell-Bryson for the Airport Engineering Professional Service Contract. IO-d. City Manager Memo/Kenai Municipal Airport Fees. 10-e. City Manager MemoJFuel Flowage Fee. 10-f. Proposed Rezone/Conservation to Light Industrial -- Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8/Forestry Lease and Vacant. 10-g. Proposed Rezone/Conservatior. to Light Industrial -- Tract A, Gusty Subdivision ir3; Tract B, Gusty Subdivision #6; and, Tract C-l, Gusty Subdivision i=7. 10-h. 5/2008, AncJwrage Airport Master Plan News/Runway Capacity Alternatives Evaluated. 10-i. 2008 Kenai Peninsula Air Fair/Final Report. 1O-j. May, 2008 Kenai Municipal Airport Enplanement and Float Plane Basin Acti~rity Reports. 30-k. Ordinance No. 2330-2008, Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund far Engineering. ITEM 1 P: !ADJOURNMENT There being no further business before the Commission, the meeting adjourned at approximately 8:20 p.rn. Meeting summary prepared and submitted by: Carpi L. Frcas, City Cie'i k AIRPORT COMMISSION MEETING JULY 10, 2008 PAGE 3 144 I~GENAY HARBOR COMMISSION MEETYNG JULY 7, 2008 GYTY GOUNGYL GIiAMBI:RS ~:aa P.YUI. AGENDA ITEM 1: GALL TO ORDER & ROLL GALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- June 9, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Bird Viewing Platform b. Discussion -- Culvert Replacement c. Discussions -- Dip Net Fishery ITEM 6: NEW BUSINESS a. .Discussion -- 2008 Annual Inspection -- Cathodic Protection System YTEM ?: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSIONER COMMENTS(OUESmrnnrc ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of June 4 and 18, 2008. YTEM 11: ADJOURNMENT 145 xENAt HARB®R c®MMlssaoN MEETING JULY 7, 2008 CITY COUNCYL CHAMBERS 7:00 P.M. CHALR TOM THOMP50N, PRESIDING MEETING SUMMARY YTEM 1: CALL TO ORDER 8v ROLL GALL Chair Thompson called confirmed as follows: Commissioners present Commissioners absent: Others present: the meeting to order at approximately 7:00 p.m. Ro11 was P. Morin, G. Foster, A. Poynor, D. Gregory, T. Thompson, R. Peters B. Osborn Parks &; Recreation Director B. Frates, Public Works Director W. Ogle, Council Member B. Eldridge A quorum was present. ITEM 2: AGENDA APPROVAL The agenda was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMI§RY -- June 9, 2008 The meeting summary of June 9, 2008 was approved as submitted. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None T'FF.fiR C• fTT.T~ RTYCTN&:CR S-a. Discussion -- Bird Viewing Platform Frates reported the pilings for the platform were installed just prior to the culvert replacement and the Watershed Forum revegetated some areas and efforts would be made to keep foot trafFic from those areas. 5-b. .Discussion -- Culvert Replacement Frates noted the culvert had been replaced. Commissioners expressed concern with erosion, and Frates commented he would discuss the problem with Moore's Landscaping if Administration agreed. 6-c. ,Discussion -- Dip Net Fishery Frates noted the shacks would be installed with help from the Streets Department; credit cards would be accepted to m;n;m;ze cash handling; and, the fencing around the dunes was installed and being monitored. 146 ITEM 6: NEW BUSINESS 6-a. Discussiomm -- 2008 Annual Inspection -- Cathodic Protection System Frates reviewed the inspection report included in the packet, noting corrective action needed to occur. Commissioner comments included voltage would be minimal but equipment would be expensive. Public Works Director Ogle noted he would meet with Norton Corrosion Limited to discuss solutions and cost estimates. Frates reported he would keep the camrnission updated. ITEM ~: REPORTS 7-a. Director -- Frates reported Jackson's Fuel installed a fueling station upriver from the dock and would be selling fuel approximately $0.37 cheaper than the dock. ?-b. Csty Council Liaison -- Eldridge noted his appreciation of support for the amendment to the new North/South dune protection ordinance and would 1zke to see the drift beat haul out on the next agenda. ITEM 8: COMMISSIONER COMMENTS(OUESTIONS Foster noted commercial boats entering and leaving the mouth. of the river during high tides were creating accelerated erosion of the bluffs and inquired about "no wake" signage. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- Nane ITEM ? ~: INFORMATION 10-a. Kenai City Council Action Agendas of June 4 and 18, 2008. YTEM 11: ADJOURNMENT MOTION: Commissioner Poynor MOVED to- adjourn and Commissioner Morin SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:47 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk HARBOR COMMISSION MEETING JULY 7, 2008 PAGE 2 147 &LENAI PARIS & RECREATION COMMISSION JULI' 3, 2008 CITE' IIALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM I: CALL TO ORDER Isd ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a. Regular Meeting -- April 3, 2008 b. Special Meeting -- April 10, 2008 ITEM 4: PERSONS SCHEDULED TO SE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEB BUSINESS a. Discussion -- Multipurpose Dome Facility b. Discussion/Request -- Formation of Cemetery Advisory Committee ITEM 7: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM S: COMMISSION QUESTIONS 8v COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO SE HEARD ITEM 10: INFORMATION a. Council Action Agendas of June 4 and 18, 2048. b. Lee Ann Magiera Application -- Approved. May 20, 2008 City Council Meeting. c. Ordinance No. 2320-2008 ITEM II: ADJOURNMENT 14g KENAI PARKS & RECREATION COMMISSION JULY 3, 2008 CITY HALL COUNCIL CHAMBERS ?:00 F.M. CHAIR DALE SANDAFIL, PRESIDINCz MEETINO SUMMARY ITEM I: CALL TO ORDER & ROLL CALL Chair Sandahi called the meeting to order at approximately 7:20 p.m. Roll was confirmed as follows: Commissioners present: A. Hull, D. Sandahl, i5.. McDonald Commissioners absent: J. Foglia, F. Woriham, L. Magiera, J. Beeson Others present: Parks & Recreation Director B. Frates, Public Works Director W. Ogle, Council Member B. Eldridge There was no quorum. ITEM 2: AffENDA APPROVAL ITEM 3: a. b. ITEM 4: ITEM 5: ITEM 6: a. b. ITEM 1: a. b. c. ITEM 8: ITEM 3: ITEM 10: APPROVAL OF MEETINCr SUMMARY Regular Meeting -- Apri13, 2008 Special Meeting -- April 10, 2008 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS NEV? BUSINESS Discussion -- Multipurpose Dome Facility Discussion/Requesi -- Formation of Cemetery° Advisory. Committee REPORTS Commission Chair Director City Council Liaison COMMISSION pUESTIONS &_COMMENTS PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Council Action Agendas of June 4 and 18, 2008. b. Lee Ann Magiera Application -- Approved May 20, 2008 City Council Meeting. c. Ordinance No. 2320-2008 149 FTEM 1 Z: AIISOUR1~MEtdT Due to the lack of quorum, the meeting was closed at approximately 7:20 p.m. Meeting summary prepared and submitted by: Lorene Hall, Deputy City C1esk 150 CITY OF I~+NAI PLANNING & ZONING COMMISSION AGE;V'DA CITY COUNCIL CHAMBERS .Iu13r 9, 2008 - 7:00 p.m. 1. CALL TO ORDER: a. Rolt Call b. Agenda Approval c. Consent Agenda d. *Escused Absences - Roy Wells *All items Listed. with an asterisk (*) are considered to be routine and non-controversial by the Cosmlussion and wilt be approved by ane motion. There will be. no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part ai the CTeneral Orders. 2. *APPROVAL OF MINUTES: a. '~June25.2008 3. SCHEDULED PUBLIC COMMENT; (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC BEARINGS: a. PZ,Co-39 - A TesGintian Oi%rie Plaruiing &'Id ZOriing Ca2l.xniss•,all Oi the CLty of Kenai, Alaska, recommending to the Council That KMC 14.20.200 (a) Accessory Structures be amended to allow accessory structures in the rear setback and to define one {1} story heighi. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. 9. REPORTS: a. City Council b. Borough Plarnzing c. Adminisiration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 151 Agenda Page 2 July 9, 2048 11. INFORMATION ITEMS: a. Nafice of Absence -Commissioner Wells b. Supreme Court Ruling -Griswold vs. City of Homer 12. COMMISSION COMMENTS & QLrESTIONS: I3. ADJOURNMENT: 152 CITY OF KENAI PLANNING & ZONING COMMISSION SLILY 9, 20(A8 ?:00 P.M. CITY COUNCIL C ERS CHAIR .%EFF TWAIT, PRESIDING MEETYNG MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approadmately 7:01 p.rn, x-a. Rau can Roll was confirmed as follows: Commissioners present: J. Twait, K. Rogers, J. $rookman, K. Koester, S. Romain Commissioners absent; P. Bryson, R. Wells (excused) Others present: City Planner M. Kebschull, Council Member R. Molloy A quorum was present. 1-b. Agenda Approval MOTION: Commissioner Romain MOVED to approve the agenda and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. I-c. Consent Agenda Commissioner Romain MOVED to approve the consent agenda anal Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. x-d. .Excused Absences Roy Wells Approved by consent agenda. *All items listed with an asterisk (*} are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2s APPROVAL OF MINUTES -- June 25, 2008 Approved by consent agenda. 153 ITEM 3: SCIiEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERP:TION OF PLATS -- None ITEM 5: PUBLIC I3EARINd'rS 5-a. P208-39 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (aj Accessory Structures be amended to allow accessory structures in the rear setback and to define one (1) story height. Kebschull reviewed the staff report included in the packet, noting for accessory structures greater than 120 square feet, the rear setback would change from 20 feet to five feet, and one story was defined as 12 feet from the ground to the highest paint of the roof. The floor was opened to public hearing. Kristine Schmidt, 513 Ash Avenue, Kenai -- Schmidt spoke ir1 opposifton to the resolution, noting setbacks create separation between structures and there were no maximum square footage limits in the resolution. Thera being no one else wishing to speak, the public hearing was closed. MOTION: Commissioner Brookman MOVED to approve PZ08-39 and Commissioner Romain SECONDED the motion. Kebschull noted the maximum lot coverage was 30 % for rear yards. Commissioner comments included: Should the resolution be for smaIler lots only? Should the size of the structures be limited? MOTION TO POSTPONE: Commissioner Koester MOVED to postpone the resolution to the next meeting (July 23, 2008) and Commissioner Brookman SECONDED the motion. VOTE: MOTYON PASSED UNANIMOUSLY. PLANNING & ZONING COMMISSION MEETING JULY 7, 2008 PAGE 2 154 ITEM 6: OLD BU5INE55 -- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS 8-a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require durnpsters be screened on at Least three sides. ITEM 9: REPORTS 9-a. City Council. -- Molloy reviewed the action agenda. items from the July 2, 2008 City Council meeting. He noted the ordinance to place a question on the October ballot to exempt the city from the provision of state financial disclosure statues passed; an ordinance to update the financial reporting requirements had been postponed until the July 16, 2008 meeting and included Planning and Zoning Commissioners as Municipal Officers. 9-b. Barough Planning -- No report. 9-e. Administration -- Kebschull noted city projects completed or in progress and that Larry Semmens would be sworn in as the new Soldotna City Manager on July 15, 2008, and Terry Eubank had been hired as the City of Kenai Finance Director and would begin work on July 28, 2008. ITEM 4p: PERSONS PRESENT NOT SCHEDULED -- None dTEM I I: IId$ORMATION YTEMS 11-a. Notice of Absence - Commissioner Vi~ells I I-b> Supreme Court :Ruling -Griswold vs. City of Homer ITEM I2: COMMISSION COMMENTS ~ QUESTIONS -- None ITEM l3: ADJOURNMENT MOTION: Commissioner Romain MOVED to adjourn and Commissioner Koester SECONDED the motion. There were no objecUans. SO ORDERED. There being no further business before the Commission, the meefing was adjourned at approximately 7:34 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING 8v ZONING COMMISSION MEETING JULY 7, 2008 PAGE 3 155 KENAI BEAUTIFICATION COMMITTEE JULY $, 2008 7:00 P.M. KENAI COUNC%L CHAMBERS AGENDA ITEM 1: CALM. TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 8: APPR05TAL OF MEETING SUMMARY -- May 13, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSYNESS a. Discussion -- Volunteer Plant Date b. Discussion -- Fall Bulb Planting YTEM 6: NEW SUSINESS ITEM 7: REPORTS a. Committee Chair b. Parks & Recreation Director c. Kenai City Council Liaison ITEM 8: pUESTIONS AND COMMENTS ITEM 1: PERSONS NOT SCHEDUI<EFi TO BE HEARFi ITEM 10: YNFORMATION a. Kenai City Council Meeting Action Agendas of June 4 and 18, 2008. b. Ordinance No. 2320-2008 c. Landscape Site Plan -- Kenai Airport ARFF/SRE d. Landscape Site Plan -- LOROC, LLC -- FedEx Building e. Landscape Site Plan -- Public Safety Building -- Garage ITEM 11: AD30URNMENT 156 KENAI BEAUTIFICATION COMMITTEE SUZY $, 2008 7:00 P.M. KENAI COUNCIL CIiAAMSERS CHAIR KAY SHEARER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Shearer called the meet confirmed as follows: Committee Members present: Committee Members absent: Others present: ing-to order at approximately 7:10 p.m. Roll was M. Dimmick, L. Seymour, K. Shearer, S. Hatch P. Baxter, M. LeFebvre Farks & Recreation Director R. Frates, Mayor P. Porter A quorum was present. ITEM 2: AGENDA APPROVAL Frates noted the following additions to the agenda: ADD: 5-e. Discussion -- Christmas Tree S-d. Discussion -- City Sign S-e. Discussion -- Benches under Clock ADD: 6-a. Discussion -- Fish in Gazdens 6-b. Discussion -- End of Summer Clean-up 6-c. Discussion -- Chamber Planter 6-B. Discussion -- Watering Gardens 6-e. Discussion -- Pla:itings Next Spring MOTION; Committee Member Dimmick MOVED to approve the agenda with the above- mentioned items and Committee Member Hatch SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- May 1.3, 2008 MOTION; Committee Member Seymour MOVED to approve the meeting summary of May 13, 2008 and Committee Member Dimmick SECONDED the motion.. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO SE HEARD -- None 157 ITEM s: otD suslxESs S-a. Discussion -- Volunteer Plant Date General discussion on the Volunteer Plant Date included a thank you to the Mayor, Council and Fire Department for the food and barbeque. It was suggested a barbeque be planned for next year. 5-b. Discussion -- Fall Bulb Planting Frates supplied a catalog for ideas regarding the Airport Triangle and Leif Hansen Park. MOTION: Committee Member Hatch MOVED to plant yellow mixed narcissus and red tulips in the Airport Triangle and narcissus under the Leif Hansen Park sign. Committee Member Dimmick SECONDED the motion. There were no objections. BO ORDERED. 6-c. Discussion -- Christmas Tree Frates reported $5,000 was included in the budget to purchase a Christmas Tree for placement at Leif Hansen Memorial Parlc; a location for the tree would be marked for Committee Members to consider and comment; and, a tree would transplanted rather than purchasing an artificial tree. 6-d. Discussion -- City Sign Shearer reported the trees were needing to be pruned away from the All-America City sign and the sign painted. Frates reported he had received one cost estimate and would seek another for comparison. 5-e. Discussion -- Benches Under Clock Frates reported he would speak to the Rotary Club about moving the benches from Walker Lane and the Spur Highway to beneath the clock in Leif Hansen Memorial Park or new benches could be purchased. MOTION: Committee Member Dimmick MOVED to request the City purchase two additional metal benches without arm rests to be placed near the clock. Committee Member Hatch SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW ZiUSINESS BEAUTIFICATION COMMITTEE MEETING JULY 8, 2008 PAGE 2 158 6-a. Discussion -- Fish in Gardens It was Hated the planters were looking sparse and suggested cold weather might be a factor. A general discussion took place exploring options with local greenhouses planting or designing them or speaking to Mark Begich in Anchorage about ideas. Mayor Porter indicated she would speak to Begich and invite him to Kenai for a presentation. 6-b. Discussion -- End of Summer Clean up Discussion was tabled until the September 9, 200$ meeting. 6-c. Discussion -- Chamber Planter Asked if the shrubs would be removed from the planter before ccdnter, Frates noted they would be pulled and stored at the greenhouse. 6-d. 'Discussion -- Watering Gardens Asked from where the water for the water tank came, Frates noted the tank vas filled Float Plane Basin. Committee members asked whether the water could be warmed, and Frates noted the crew made multiple trips to the basin and the water could not be warmed. 6-e. Diseussion -- Plantings Next Spring This was tabled until the next meeting. (September 9, 2008) ITEM 7: REPORTS `~-a. Committee Clxair -- None 7-b. Parks & Recreation Director -- Frates noted the summer crewmembers were doing an exceptional job and he would be meeting with Kaleidoscope School on the "sprucing up'° of the old fire training site. 7-e. Kenai City Council Liaison -- None ITEM 8: QUESTYONS AIdD COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM IO: INFORM~.T%ON 10-a. Kenai City Council Meeting Action Agendas of June 4 and 18, 2008. 10-b. Ordinance No. 2320-2008 lEl-e. Landscape Site Plan -- Kenai Airport ARFF/ SRE BEAUTIFICATION COMMITTEE MEETING JULY 8, 2008 PAGE 3 159 lf1-d. Landscape Site Pian -- LOROC, LLC -- FedEx Building 10-e. Landscape Site Plan -- Public Safety Building -- Garage ITEM I1: ADJflLTRNMENT There being no further business before the Committee, the meeting was adjourned at approximately 9:10 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk BEAUTIFICATION COMMITTEE MEETING JULY &, 2005 PAGE 4 160 P'T F THE ANA s ~. July 2, zoos Mr. Rick Koch 307. W. Norhern Ligh*.s I41vd. Clty Manager. Suiee 400 City of Kenai nnchorxge, alc 9vso3 210 Fidafgo Avenue, Suite 200 Kenai, AK 99611-7794 907 57.2700 ret 907.297 X770 jax fi77.366.2700 ~ol4jree in Alasiea Dear Mr. Koch: rasmusonfdnLmcasmueon.org enca(( wcvw.rasmuson.org It is my great pleasure to inform you that City of Kenai -Kenai - Community Library has been awarded a grant of up to $1,500,000 for expansion and renovation of the Kenai Community Library. The grant is structured in two parts: 1. A 1:2 challenge of up to $200,000: the Rasmuson Foundation will match one dollar for every two dol#ars raised in cash for the project by the City of Kenai. The challenge is in effect for one year, from July 1, 2008 -June 30, 2009. 2. Atop-off portion of up to $1,300,000, contingent upon receipt of written documentation that all required funds for construction have been committed. We would appreciate it if two officials from your organization would acknowledge receip# of this grant and agreement with its terms by July 22, 2008. We have provided a grant agreement for this purpose. Payment request and reporting forms may be found on rioexn ~f the Foundafian's web site, www.rasmuson.orp. Please refer to nlleacrons grant number 4138 in ail correspondence regarding this award. Edwacd B. Ra~mcaoa ch4=rman Our Directors are interested in keeping in touch with your activities Rob title„ during the course of the year. If you have a special event; receive Mogan Christen recognition far your services, or have a significant accomplishment, we would Pike to hear about it. You may wish to include us on your nouglas shy regular mailing list. Also, if any key people involved in the project Adam Gibbons change, please notify us in writing. Lile R. Gi6nons Cathryn Rasnuson Congratulations on your award. Judy Rasmuson Macy Louise Rasmuson ~~ ely+ 'Jacasha von Imhof ./' / John Wanamaker "~, Nad;ne Winte=s sane Kaplan President rRasmrNr Diane Rxptan Enclosure RF grant number 4138 162 i ~;€~:~~r~a~ur'.atiarzs C~Iaa I~eeeavzn~T 'I'ITis .~war~a'E You now have a great opportunity to increase public awareness about your work and how it improves the quality of life for the Alaskans you serue, tta4Y%1:" ay using the receipt ofthis award as an opportunity to work with your local media to tell your story. Consider writing and distributing a press release that describes how this project strengthens your organization and improves your ability to work with and serve your key constituencies in your local areas. This is also a good chance to publicly thank ' everyone who supported this project. h~ ds '~er`~a~ag ~'~~€r >~~~a~,r I,no~rta~at~' It's a crowded media wand out there. Proactively tell your story and advocate for the issues about which your organization cares deeply. Sharing the story behind the good work you do on behalf ofAlaskans will inspire many who could either help you ar benefit from your services. _' Access the "Tell Your Stor)~ Communications Toolkit" on the Foundation's web site (www.rasmuson.org) under "Resources" for overviews, examples and templates for topics like: Comrnunicatian planning i ,. .,... E s ~ E~~ ~~ c r v tX/orking with the rnedia "l "+ ~ Framing your message a Developing press releases Photo opportunities and media events . online communications ' Should you develop a press release and receive coverage of your good work, the Foundation wou4d appreciate a copy for ,.:...., ,~, its records. Grantee: Total Award Amount: Project Title: Gate Awarded: Grant Number: GRANT AGREEMENT City of Kenai -Kenai Community Library $1,5D0,000 Addition to the community library. July 1, 2008 4138 Award Detail and Conditions: A grant of up to $1,500,000 far expansion and renovation of the Kenai Gommunity Library. The grant is structured in two parts: A 1:2 challenge of up to $200,000: the Rasmuson Foundation will match ane dollar for every two dollars raised in cash for the project by the City of Kenai. The challenge is in effect for one year, from July 1, 2008 -June 30, 2009, 2. Atop-off portion of up to $1,300,OOD, contingent upon receipt of written documentation that all required funds for construction have been committed. By signing this document, the grantee agrees to accept any and all conditions of this grant award and to comply with the requirements of the Rasmuson Foundation. Please provide signatures from two officials who are authorized to sign contracts on behalf of the organization, i.e., the Executive Director and Ghair of the Board of Directors; the Mayor and City Manager; IRA Council President and Tribal Administrator; ar Chancellor and Dean or Director. By: Typed Legal Name of Organization Signature Date Typed Name and Title Signature Dafe Typed Name and Title City of Kenai -Kenai Gommunity Library RF grant number 4138 Initial Page 1 of 4 Rev. 6707 164 (Please sign this Agreement, initial each page where rndicated, and return if with a suggested schedule of payments to the Foundafion by the date indicated in the award letter. Refain a copy for your records.) GRANT AWARE CONDITIONS AND RECIUIREMENTS GRANT NUMBER The Grant Number for this award is 4138. Please refer to this number in a(I correspondence related to this award. GRANT PAYMENTS Grant payments require receipt of Payment Request and Progress Report forms from the grantee a minimum of 34 days prior to payment. Grant payments are to coincide with the actual need for project funds. Any challenge or contingencies must be met prior to payment. Most grants, and especially large grants, are paid out in several installments based upon a payment schedule submitted by the grantee. If needed, disbursement of the grant may be in a single paymenf. Approved payment requests from all grantees are batched and processed once a month; checks are mailed at the ar~d of each month. PAYMENT SCHEDULE Please provide a proposed schedule of payments for the grant award with this signed grant agreement. CHALLENGE or CONTINGENCIES A grant with a challenge component or contingency(ies) will be paid only when those conditions have been met. The form titled Certification of Meeting Grant Conditions is to be used to explain haw the conditions were met. Contingencies and challenges must be met by the grant end date. EXPENDITURE OF FUNDS This grant is made based upon a speci#ic proposal that contains a project budget. It is expected that the entire amount of this grant will be applied to the budget and not used for any other purposes. Should it become advantageous to the grantee to slightly modify the project andlor make any changes to the project budget or fimeframe, permission to do so must be requested in accordance with this Grant Agreement (see Budget Reallocation or Project Revision). Approval by the Foundation in writing must be received prior to making any revisions or incurring any expenses. If, at the end of the grant period, a reallocation of unspent funds or an extension has not been requested, the balance of the grant funds must be returned to the Foundation, GRANT DURATION As agreed during the grant proposal review process, the project has the fallowing begin and end dates: Project begin date: July 1, 2008 Project end date: June 30, 2009 City of Kenai -Kenai Community Library RF grant number 4138 Initial Page 2 of 4 Rev. 6107 165 REPORTING REQUIREMENTS The Foundation expects to be kept fully informed bf progress on this project. To this end, each grantee is required to submit progress reports every six months. A fins{ report is due within 30 days after the grant end date. • The Foundation form titled Progress Report is to be submitted every six months with or without a grant Payment Request until the end of the project. If all Rasmuson funds are expended, but the project is not complete, the organization will continue to send progress reports until the project is complete. • The Foundation form titled Final Report is to be submitted within30 days after the grant end date. EXTENSION Extensions maybe granted by the Foundation upon request of the grantee at the sole discretion of the Foundation. An extension assumes that the grant award will be fully expended for the purpose described in the Grant Agreement, but more time is needed to complete the project. To extend the end date of the grant award, send a fetter clearly stating the following: • Describe why the project will not be completed during the grant period. Identify the proposed new end-date for the project. Outline plans to complete the project and a timeline of activities to be undertaken during the extension period. BUDGET REALLOCATION OR PROJECT REVISION Grant awards are made based upon the project budget and description as presented in the application. Grant funds may only be used for the specific purpose as stated in the Grant Agreement. Grant award reallocation or revision may be requested if the revision is within the scope of the award. Requests to substantially revise the scope of an award far activities not originally proposed, br inconsistent with the award's intent, are not permitted. If a reallocation is necessary to complete the project intent, it must be approved befiore funds are spent. The Foundation ~~~il! nct retroactively °back-fund;' sc these expenses must no± yet have been incurred. Budget revisions and grant extensions are not granted automatically. They are reviewed for both financial and programmatic propriety. To request a budget reallocation or project revision, submit a Reallocation Request Form, with an attached narrative detailing how reallocated funds will enhance the project. UNSPENT FUNDS It is the policy of the Foundation that unspent funds are returned with the final report. A request to use unspent grant Funds may be submitted if there is a balance of funds after all components of the project plan have been accomplished. Requests to use unspent grant funds for project expenses not initially proposed, yet consistent with the award intent, may be permitted, but only if approval is received in advance. Budget revisions may not include pre-award expenses, or expenses incurred prior to approval. To request use of unspent funds, submit a Reallocation Request Form, with an attached narrative detailing how rea[[ocated funds will enhance the project. City of Kenai -Kenai Community Library RF grant number 413& initial Page 3 of 4 Rev. 6107 166 CERTIFICATION OF IRS STATUS By signing this document, the grantee certifies that it is atax-exempt agency under Section 501 {c) (3) of the Internal Revenue Code and is classified as not a private foundation under Section 509 (a) { 1) ar 509 (a} (2} of the Code or, in selected cases, a unit of government, if fhe project has a broad community impact. Any change in IRS tax-exempt status must be promptly reported to fhe Foundation. CHANGE IN KEY PERSONNEL Please notify the Foundation in writing 'rf the offiicials who sign this document leave office or position, and provide fhe new names and titles of the replacements. Any change in key personnel must be reported to the Foundation. TERMINATION OF AWARD Failure to fulfill the terms of this agreement may result in termination of the grant. If the grant is terminated, the Foundation may ask for return of grant funds. Also, the organization may be ineligible to apply for future funding from the Rasmuson Foundation. FORMS Ali forms mentioned in this document are available on the Foundation's web site at www.rasmuson.ora under "resourcesfforms/reporting and payment request forms." If you have questions, please call (907) 297-2700 or (877) 366-2700, toll-free within Alaska. City of Kenai -Kenai Community Library RF grant number 4138 Initial Page 4 of 4 Rev. sra~ 167 ,Please address any ~ than/z you letters tc'r Mr. Edward B. Rasmu,on, Chairman Rasmus~~n FaundaYion 30' `YJcast northern Ligh±s Blvd., Suiie Esoo P.nchorage, AK 995°3 Htll other correspondence should 6e addressed to Diane Kaplan, Presiden* of the Faundaiion. 168 ~-~ '! r ~_ _ .. \\ the city of // >rVGfla~e LfJt~l'1 G$ 1~a5~ ~iC~/ LUll~di Gt Fr~tu~e rr 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ lI i Telephone: 907-283-7535 (FAX: 907-283-3014 ~ tt` 7992 MEMO: TO: City Council FROM: Rick Koch DATE: July 9, 2Ud8 SUSJECT: Firewise Program At the end of the presentation by Jndy Reese at the July Z"d council meeting a question was asked regarding management and oversight of the work performed by the firefighters involved in the Firewise program, I wasn't sure of the chain-of-command and wanted to confirm this with our Fire Chief prior to answering. The Supervisor of the Chugachmuit Crew works directly with our Fire Chief to determine the area of work. TIxe scope of work remains consistent with the l~enax Area (~'nminvanity Wj irili fe pLnteCfLDn ~1a9 ~W ~~~lo daTer~ _m_aran ~~~76: Our Fire Chief also approves and accepts work perfarmed by the Chugachmuit Crew. T haue inspected the work performed to data and find it addresses the goals in the WFP. As stated by Ms. Reese, the clearing of ladder fuels and underbrush opens the area for new growth providing higher quality browse for species such. as manse. As stated in the July 2"d meeting, unless council. directs otherwise, the administration will continue to manage the Firewise Program in the present manner. Thank you for your attention in this matter. 169 "I~c~ue tc~ct~t ~ Est c` u~c't~t ~ Fr~tu~'e `' ~~~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~„~,m~ ~=~~''t ` Telephone: {907}283-7535, Exf. 2361 FAX: {907) 283-3014 t~~~~l -_ _- ~ 1992 tl9euEyof ~,/~ ~l:..d1T1 ~~~ KENitt. WLA,SKA U TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: July 9, 2008 SUBJECT: Mid -Month Report The summer construction season is in fuAswing with various projects underway. The Airport Runway Safety Zone/Extension project is expected to be completed by the end of this month. Sterchi Corporation has been awarded the Airport Urea Storage Building project and starting work. This project is expected to be completed by 30 September. The Thompson Park LID project was awarded to Alaska Roadbuilders and is underway. Shamrock Circle LID was atso awarded to Alaska Roadbuilders by change order. The apparent winner of the Marathon Road Improvement Project is Southcentral Construction Inc. pending City Council approval. The Public Safety Garage Improvement Project was won by Holden Company and is making good progress. The Leif Hansen Park Sprinklers Installation contract was won by Alaska Enviroscape with aPre-construction meeting set for 7114. The Kenai Boat Launch Road Culvert Replacement project was completed as a cooperative effort between the Gity and U.S. Fish & Wildlife Service. Another similar cooperative effort writh the City, Kenai Watershed Forum and U.S. Fish & Wildlife Service is underway to construct a bird observation platform on Boat Launch Road, Other conservation efforts by the City include discussions with U. S. Natural Resources Conservation Service for dune preservation funding and also U.S. Fish & Wildlife Service funding for re-vegetation and other dune nourishment measures. Bob Frates has suggested the City commission a Master Plan study of the dune area. This should include Dip Net Season issues. This Master Plan would encourage grant funding and government agency resources to be channeled into an overall community approved plan. The painting of crosswalks 8 curbs and pedestrian path in Old Tawn is underway. We will soon be starting crack seating operations and sidewalk and curb repair work. We will have small asphalt jobs to repair manholes and certain sidewalks. The various departments are busy with routine summer maintenance and repair work. Preparations for Dip Net Season are finalizing. Streets Department is assisting Parks and Recreation in setting up tall booths and barriers in certain locations as well as improving beach access for the set net fishery. Bob Frates and his staff have placed a dune protection fencing along the South Dune. Bob's staff is ready for Dip Net season. Please refer to Bob's report for details. 170 1VIFMf3RANIlUM To: Rick Roth, City Manager From: Rachael S. Craig, Senior Center Director 1}ate: July 8, 2008 Subject: June Monthly Report Total number of days rented in .Tune 2008: June Monthly Meal Count 2608 Served: Total Congregate Meals Served: 1,205 Total Home Meals Served: 1,'787 Total Non-Seniars: 1 Monthly Meal Count 2003 Served: Total Congregate Meals Served: 1,015 Total Home Meats Served: 1,321 Total Non-Senior Meals: 18 We had a total of 81.9 vokunteer hours for the month of June. The Administrative Assistant had 25 appointments pertaining to Senior Care Benefits, Social Security, Medicare/Medicaid and general senior related issues. June was busy preparhrg for the 4`~' of July Booth. The seniors tnade 125 Strawberry-rhubarb and apple pies. Gaod News for Seniors and senior programs? AcoA, along with their advocacy partners that include AgeNot {of which the director is an active member), AARP, the Trust, the ACoA Advocacy Network, D13SS, SDS, are working toward setting gaals for the coming legislative budget year. The group advocacy goals that were pursued fer fscai year '09 HCBS grant-funded services assisted with receiving a $1.6 million increment added to fire budget base. These services include home-delivered meals, congregate meals, transportation, chore and homemaker services, respite, adult day services, ADRD education programs, and information and referral and care coordination. Our pragram provides home and congregate meals, transportation, information and referral and oun•each services. Our Senior Services received a 10°t° increase {based upon our grant award last year) through this legislative action. The 2009 NTS grant amount for the new fiscal year was $137,432. Last year our grant award was $]A4,9b9. A 4% increase to Medicaid waiver rates was also approved. This includes our home and congregate meals as welt as transportation. Meyers and Stouffers, a firni contracted with the state, is cun•ently performing a rate analysis of all HCBS programs. Based on their findings, the fnn will propose recommendations to the Department for changes to the reimbursement methodologies. The result from this review, will be used to develop an objective and unifoirn reirnbursernent methodology to advise the DS,DS of additional rate increases over Che years as warranted, Qur current Medicaid waiver rate has Haver been increased. We wi[[ receive a 4% increase in choice waiver reimbursement, and then hopefully again when this study is complete and recommendations are made and hopefully approved. This is great news! The Alaska Primary Care Association received $350,000. This will benefit the number of Alaska seniors who are challenged to find a primary care physician who accepts Medicare. These funds are targeted to provide primary health care for seniors and directed through the Community Health Centers. 171 Kenai Community Library IbIanth[y Report July 200 ,Inne Circulation Figures Adult Fiction 2,385 Internet Access 1,432 AdultNon-Fiction 1,533 Music 137 Periodicals 101 Puzzles 2 Juvenile Fiction 812 Videos 479 Juvenile Non-Fiction 224 DVDs 2,206 Easy Fiction 1,300 Audio books 194 Easy Non-Fiction 257 Miscellaneous 25 Interlibxaxy Loan 26 Computer Programs 23 Total Print 6,638 Total Non-Print 4,498 ~ Total Circulation 11,136 Internet FxPress Use G71 ~ Total Catalog Searches 7,289 Library Door Connt....... 8,790 In-IIause circulation 131 Daes~nloadablc Audio 129 Gireulation figures for FY2008 was 11% higher than that for FY2007. Approximately, 300 people waited to use a computer in 3une. Income Fines and Rental Books Xerox Lost/Danxaged Tesi Proctoring Fee Total incarne 06108 Additions to collection WWithdrawals from collection Interlibrary Loans Ordered Received Returned Loaned by us Volunteers Hours $1,439.95 247.00 52.90 6v.00 $1,799.85 387 Books 39 32 24 16 5 56 Library Cards Issued Jane 2008 Homer 1 Kasilof 7 I{enai 7D ~~` Nikiski 10 Soldotna I8 Sterling 3 Non-Resident 32 Internet Use 36 Oreani~ation & Other 5 Total 183 Adult Programs .......... 3 Persons .............. 18 Children's & Family Programs.... 6 Attendees ................................. 262 The Rasmuson Foundation issued a press release on July 3, 2008 announcing a grant award to the City Kenai of $1,500,000 to expand and renovate the I{enai Community Library! 172 INTER®FFICE IVIEM®RANDUM KENAI FIRE DEPARTMENT Date: July 8, 2008 To: City Nfanager From: Fire Chief Tilly Subject: Midmonth report Runs for the timeframe of 6-15 to 7-8: Run total for the year 735 requests for service Total last year at this time 630 request for service 1 n°Io over fast year at this time Last 30 days 111 calls Summary of activities for last month: 1} Tested 9 applicants for Firefighters position. Congratulation to Zach Pettit who started July 1st. 2} Sponsored a Safe Kids Car Seat check at the Fire Station 3} Proctored 1 Fire Extinguisher exam 4) Worked with both the Denali Crew and the Spruce Bark Bee#le office for hazardous fuel mi#igation projects around town. 5) Participated in the 4th of .luly parade including the FF games. 6) Continued participation with the Paramedic ride along program. 7) Fire Department logged 200 hours of training Fire Marshal's Office Report 4 Code enforcements 3 building inspec#ions 17 follow up inspections 1 building walk through 6 plan reviews 2 public complaint investigations 173 T®: Rick Koch, City Manager Pram: Chuck Kopp, Police Chief !late: 07!0912008 Re: Police & Communications Department Activity -June 2008 Police handled 674 calls for service. The Communications Center received 113 emergency 9-1-1 caNs. Officers made 100 arrests and wrote 364 reports. A significant illegal drug/stalen property related arrest occumed at a Woodland Subdivision residence resulting in the recovery of stolen firearms, jewelry and cash, as well as the seizure of illegal drugs. An additional illegal druglcash seizure occurred as a result of a traffic enforcement contact on Airport Way. Traffic enforcement resulted in 81 warnings, 20 speeding tickets, 31 seatbalt tickets, 2 citations for equipment violations, and 14 dtations for "other' traffic violations. There were 7 DUf arrests. Police investigated 12 vehide crashes all of which were damage-only. Police also responded to 3 inddents involving brown bears, and shot one with rubber slugs (12 gauge) to encourage more socially acceptable behavior. Seven new employees started work the first week of the month: 2 Dispatchers, 1 Police Officer (Levi Russell was sworn in at City Hall on 06/02(08 with Mayor Porter in attendance), and 4 Seasonal Enforcement Officers. Chief Kopp partidpated in a 3-day Department of Homeland Security Comprehensive Review of the ConocoPhiltips Critical Energy Sector Protection Plan. On June 23 - 28, officers partidpated locally in the U.S. Marshal's Operation FALCON (Federal and Local Cops Organized Nationally) targeting violent felons, gang members and sex offenders. Six (6} local fugitives from justice were arrested, and statewide 69 fugitives were taken info custody. Major upgrades were made to the Communications Department radio equipment under the 2007 State Homeland Security Grant Program. These upgrades brought the Kenai Communications Center online with the Alaska Land Mobile Radio network. A Borough wide 9-1-1 telecommunications upgrade was completed which now gives the Kenai Communications Center fiull GIS mapping of all 9-1-1 calls to fhe call taking center. This will greatly enhance police and fire response timeliness and accuracy. The Department continues to participate in traffic enforcement safety grarrts thru the Alaska Highway Safety Office & NHTSA, the "Click It or Ticket' and DUI campaigns. This is an ongoing cooperative effort with outer taw enforcement agendas statewide tc keep our roads safe. 174 AI~iIl~A,L CONTROL I~EPOl~T June 200 coos aov~ coos aoa; STRAY 54 60 ADOPTED 48 64 Dogs 28 45 Dogs 23 41 Cats 2G 15 Cats 20 23 Other Animals 0 0 Other Animals 5 0 RELEASED BY OWNER 32 72 CLAIMED 12 19 Dogs 12 50 Dogs 12 16 Cats 12 Z2 Cats 0 3 Other Animals 5 0 Other Animals 0 0 D.O.A. 2 6 ELTTIIANI~ED 26 49 Dogs 0 4 Dogs 5 38 Cats 2 0 Cats Zl 11 Other Animals 0 2 Other 0 0 WILDLIFE RELEASE 0 Z Borough Animals 17 38 Tiield Investigations 124 91 Total Dogs 40 99 i%olnnteer hours 46 97.75 Total Cats 43 37 Total phone calls 928 814 Tota[ Other 5 2 Kennel Permits 0 0 175 A,irporE Manager's Monthly ReporE ~-i_ July 20U8 Munieipa[ ~.®spo®-t Runway Safety lmpravement Project: Fencing and seeding is continuing. The' airport has also received FAA approval to paint and bead the runway and replace an additionai 115 LED taxiway [fights to make aii the controlled area lights the same. Urea Storage Building: A preconstruction conference was held with Sterchi Construction on Wednesday, July 2. Construction will begin with the building completion date of September 30, 2008. Airport Grounds Maintenance Position: Matt Landry has accepted the Airport Grounds Maintenance position and will start on Monday, June 30. Matt was previously employed with Era Aviation at the Kenai Airport and Signature Flight Support at the Anchorage lnterna#ional Airport. Many thanks to Bob Frates and his crew for the grounds maintenance support while the airport completed the hiring process. Airport Summer Activities: The Landscaping Project on Willow St. is progressing with the continued support of the Parks and Recreation and Street Departments. Booth's Landscaping will install nine trees along Willow north of the terminal. Kenai River Classic: The Kenai River Classic was held June 30 -July 2. Eight corporate jets related to the Classic paid parking and landing fees totaling $2200. 2008-07 176 "~"((ale cuit~ a Past, Gi~ rwit~ ~ ~~tti-tYe `f 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~;~~ a~,- Telephone: 907-283-3692 /FAX: 907-283-3693 ~~ =:r ..,~ the c(ty u f ICEN{I~ SNA MEMCIIL.A14'I3lUM To: Rick Koch, City Manager Thru: Wayne Ogle, Public Works Manager From: Robert J. Frates, Parks ~ Recreation Director Date: 3uly 10; 2008 R>r: Mid-month Report. The following represent a list of maintenance tasks and other related activities the Parks & Recreation Department has been involved in. - Bear proof containers have been located in various park areas: - Crews completed a flowerbed renovation project at the Russian Church. - Converted an old flowerbed on Chamber lawn into turf area. - Prepped and seeded area behind Multipurpose Facility and Challenger Learning Center. - Assisted with comdinafion of an additional warming shack at the Multipurpose Facility. - Staff involved with removal and installation of new dasher boards. - Cccrdutated wort activities for Milita*y Youth Academy duria:g t'he Izenai River CIassic. Projects included sport field worts and sweeping of parking areas along i,dw6ti. - Added mulch material to flower beds. - Installed new banners at Leif I-iansen Memorial Park. - Applied a second round of fertilizer to soccer fields, - Provided support to the 4t~' July activities. - Culvert replacement off dock road completed and pilings for new bird viewing platform were installed thanks to efforts led by the Watershed Forum. - Assisted with coordination of new fence off Dunes Rd. - Kaleidoscope Charter School Reps have initiated some landscape improvements located at the old fire training area off Lawton with more work to be completed in the future. - The local Softball Association held a successful 26-team softball tournament over the 4`" July weekend on city fields. - The Kenai Little League Association is hosting a Major boys baseball tournament on city fields July 9-14. Teams include Kodiak, Homer, Soldotna, Kenai and Cordova. American Legion used one of our fields July 8`~' that featured Service HS vs. a learn from California. Staff received many compliments with respect to condition of fields and surrounding area. - Crews assisted with brush removal efforts in a couple locations throughout town. - Prepped and seeded along north Willow St. right-of--way. Booth's Landscaping will be installing several trees. - Preparation for dip net activities. 177 N TI NIT M INF®RMATI®N ITES~S KEN~I CITY COUNCIL MEETING ~ILTLY 16, 2008 7 / 16/2008 Purchase Orders Between $2,500 and $15,060 for council. review. 7 J3/08 PZ Resolutions Section Quarter, 2008. 4/28 and 5/27/08 Kenai Visitors 8s Convenfian Bureau, lnc. Board of Directors Meeting Minutes. 6/2008 Kenai Municipal Airport Enplanement and Float Plane Basin Activity Reports: 179 o° °o ~ o o° ~ °o °o ° o ° °o ° ° °a °o o° °o o ° o°, °o ° °o ° o° ci d ni o °o~pp d o g °o ~ ~°n v°i us co o d ci °o a ~ c o Sri °° rn~' O O (hp W O ~ V, ~ N 1`~ O O ~ ~ ~ ~ 8 O O ~ ~ P N N ° ~ CD CST W YY M iN.., h- cY M hN `N., m O rM„ 1!j c0 M ui M ,b„~. N' M r V' °r C 7 'L` J U Z O U w a °o 0 ~i w O ao °~o e^s" `y ~~ ~~ w~ ~ O O Z ti CY ~ ~ ~ Q J U ~ 0~~. O d d z z _ J d a H K > ~ ~ a J ¢ ~Z to O ~ ~ aQ. W -~ o 2 O U G . ~ d ~ ~ ~ O EY m m m Z U J J J } (n l!1 W U V r! ~ W W W a a w w ~ ~_ z z z_ ~ ¢~_ z ~ -' z_ o ~ O~?~~~ W w~ c~ g~ O O O~ U g 0 ~ ~ ~ ~ xc w a ¢ ~ ~ ~c ~ ~ ~ o «s ~ ~ ~ ~} F 1" Cr~C D 7"~ 0¢.. d Q ~ ~ d ~ 4 rL W O 1 2. Z R O ~ z w 0 ~ ~ ~ ~u U ~ h ~ ~ W LY J S Y O n O W W W FF~-- ~ for Q C~-7 W ~ z~ Z 4~ 0 0 0~~ ~o~ ~ a ri. O J U Z Z > 4. U. u. fZ (Z/3 N ~S 04. [L ~ N a Y U C~,1 !Y U O 4 z z z ~ ~ y. C; ~ z c~~t o"~. uWi z ~ ~ o w a ~ ~ r x a ° ~ o z W z O ~ Z !~~y Z ~ LL, IL LL LL It IL LL LL Lt.. W z U d O ~ ~ 5 s ~ o U~j '~ O a3 ~ O O W ~ ~ Ca ~ V O ~ W CD J tea ¢W, ai m m a ~ ~ ~ U O N a z U ~ u V CJ O ~ ~ (~ ~ t- ~~ O d~~ w U p W 0 ~ ~ ~ ~ °a w ~ v s a ~ g ~ ~ O ¢ ~ o ~ ~ Q a~~°~ d~ o J~ s w ,~ a¢ a o u ¢ o ~~~ a ~ Q z~~ O p ~ O ~ ~ ~ a caa ~ ~ O ~ p s ~ w ~ ~ N °0 2 Z Z O D .~ FW- Z ~ a Z Z Z O J _I O Q $ ^~i ~aT ~ tV ~ ~ Q 4 VO? OU f- "T ~ y m O O O O ~ ~- O 4 z z ~ ~ ~ ~ } ~ ~ ~ ~ u ~ v ~ ~ a a ~ ~ w ~ ~ ~ ~ a ~ Y Z Q Z ~ W W ~ ~ ~ Q~ Q U ~ ~ WWK f.C ~ V IWi.I ~+~+ f£ K Z W ~ W W U ~ W~ ~ ~ J ~ ¢ V W U G: W K `z W Si, ~ Z z "T W ~, CU a C7 0. O x ~ W a ~ ~ z W ~ Q U ill! W }}W-- J fn J ~ ~ W ~ G ~ ~ K W U Z Z R Z W a' W X Y ~ 7 ~~ W ~ S W a W S 7 U= U a 0¢ 3 F in ? x Y¢ 180 ' d'Z4Res~r~utxons~.~'ecor~ld Quc~~te~ 200& ,~~KK.~ww.~a~.n~~.~~ TYPE OFPERMIT Resadutiau # TYPE MEETZNGD.4TE ACTIQN Amend ComrJ Plan 200815 Zoning &: Land Use 419/2D08 Approved Amend CUP 200622 Modify legal description 5/14/2008 Approved C'onditianal U.re Permit 200832 Lawn Care & Hydoseeding Business 6/11!2008 APproved Landscape/SzLe Plan 200820 Taylor'tl Image 4/1512008 Approved 200829 Urea Building. 5/16/2008 Approved 200830 Fed Ex Building 5 /2 912 0 0 8 Approved 200833 Kenai Public Safety Garage 6/2/2408 Approved 206837 City of Kenai A.F.S.S. Building 6t10~'2008 Approved Prellrninary Plat 200818 BuRaio Run 2008 Feepiai 4123/2008 Appreved 200823 Highlands SD - Highland Pride Park 5!14/2008 APProved 200824 Fidalgo Comm. Municipal Square 5/1412008 Approved 200825 Redoubt Terrace -Everson Replat 51141200$ Approved 200827 FBO SD Fed Ex Addn 51142008 Approved 200828 Kenai Fellowship Church 5128/2008 Approved Tfturstlay, July 03, 2008 Pae e 1 of 2 181 TYPE OFPERMIT Resnlutinn # TYPE MEETING DATE ACTION Rezone 200819 RR, RS & C to RR 4/23/2008 Approved 200834 C to IL 6!25(2008 Approved 200835 C to IL 6 /2 512 0 0 8 Approved 200838 RS to RR 625/2008 Appravad Transfer Corxdltional Use Permit 200821 Townhouses to Condo 02-81 5/14/2008 Approved T/ariance 200817 Off-Premise Sign 4232008 Approved 200828 Height Restriction 5!142008 Failed 200831 i5'Rear Setback 6/11/2008 Approved 200836 Height Restriction 6/25/2008 Failed Thursday, July 03, 2008 Puge 2 of 2 182 ;~~P~~~~ ~Jz~~asS Kenai Visitors & Convention Bureau, Inc Regular Board Meeting -Monday, Apri128, 2008 MINUTES CALL TO ORDER A. Call to Order and RoII Call Present: Directors Braun, Holston. Steckel, Nelson, Ortiz, Wheeler and Brower. Also present: Councilman Boyle, Izaison from Crty of Kenai. Excused Absence: Director West A presentation was made to Bob Fulton in recognition of years of service to ttte KCVB BOD. New KCVB staff members were introduced to the KCVB BOD. B. APPROVAL OF AGENDA The agenda was approved as distributed C. APPROVAL OF MINUTES Minutes of the meeting. of February 25, 2408 were approved as distributed D. PERSON PRESENT SCHEDULED TO BE HEARD None E. FINANCIAL REPORT 1. Board reviewed the 2008 First Quarter Report and unanimously accepted the report as submitted TJiOTION: Director Brauu motioned that money be put ire the 2"v"v9 budget to conduct an audit in 2008, second by Director Stecicei. MOTiONT PASSED UNANIMOUSLY. 2. Two resoiutio~rs were purposed. The first resolution grants Natasha Ala, Executive Director and Ray Ortiz, Director as signers on the Old Town Bingo account. The second resolution requests Natasha Ala as a signer on all banking accounts. MOTION: Director Braun motioned to approve the resolutions, second by Director Brower. MOTION PASSED UNANIIvIOUSLY. F. UNFINISHED BUISNESS 1. The Board discussed the cities current plans for renovating the heating system in the building. Natasha presented the Board with a memo which breaks down of retail and meeting income made over the last four years during the months that the KCVB is scheduled to vacate the building. Natasha also discussed her concerns of removat, packaging and storage of 183 animal mounts and museum. objects from the building as we11 as relocation of staff, office equipment and computers. The Board asked Natasha to write a letter to the city manager requesting that the city take a high quality approach in replacing the heating system. The Board also encouraged Natasha to keep inclose contact with the City Manager regardsng the maintenance and repair issue. 2. The gala reception for the annual summer art show was discussed. Paradisos Restaurant will be catering and providing food. Kassiks Kenai Brew Stop will be providing and serving their award winning beer as well as wine, at the opening gala reception on May 9a'. The Board agreed this was a good idea to feature Kassiks beer because they are our premier Kenai brewer and it will be a great. opportunity to showcase their award winning beer. Collateral materials for the show are being printed. One thousand invitations were printed, eight hundred were mailed out. G. NEW BUISNESS None H. REPORTS Natasha provided a summery of her report. Board members mentioned that they enjoyed the staff reports and fiked the format of the reports. I. BOr1RD COMMENTS 1. Mike Boyle mentioned that he would talk with the city in regards to making sure that a high quality job was done on the replacement of the heating system in the building. 2. Director Steckel commented that the gala is unfolding well.. s. Director Braun indicated his appzovat of the work being done by the new director and staff 4. Director Wheeler agreed with Braun's comments and indicated that Ms. Cartezs early departure as Intarm Executive Director reflected positively on the work of the current Execuflve Director and the staff ?iDJOURNMENT The next scheduled IGCVB Board meeting will take place on Tuesday, May 27; 2008. 184 ~J ~ ~~ °vl>Y+ Kenai Visitors & Convention Bureau, Inc Regular Board Meeting -Tuesday, May 27, 2008 Ron Malston Presiding MINUTES CALL TO ORDER at 5:45 pm A. Call to Order and Roll. Call Present: Directors Braun, Malston, Steckel, l~elson, Maltby, Wheeler and Brower. Also present: Counci}man Boyle, liaison from City ofKenai and Natasha Ala, Executive Director. Excused Absence: Directors W est and Orlaz. B. APPROVAL OF ACrENDIa The agenda was approved as distributed C. APPROVAL OF MATUTES Minutes of the meeting of April 28, 2008 were approved as distributed D. PERSON PRESENT SCHEDULE- TO BE HEtOILU None E. FINANCIAL REPORT 1. Board reviewed the 2008 First Quarter Report and unanimously accepted the xeport as submitted F`. UNFINISHED BUISNESS l . Building Maintenance and Repairs T ;Ae Board discussed the cities current plans Vr renovatsreg the heating system in ilea building. Concerns were raised regarding the possibility o,`. having to vacate the building during the renovation of the heating system. Specific concerns include removing, handling and storage of delicate taxidermies and museum objects as wail as the logistics of relocating all the office equipment and computer systems. The issue was also raised about the federal. permitting required to remove the eleven eagles from the Visitors & Cultural Center. Ala was asked to arrange a meeting between the KCVB BOD, Mayor Porter and the City Manager to discuss the logistics involved in possibly relocating for the winter months. 2. Summer Art Show/Csala - Wrap-Up It was discussed that the opening receprion for the art show was well attended and the public response was favorable. A record number of artwork was sold. G. NEW BUISNESS l . Kenai Rec Guide - 185 The KCVB, in parinershsp with the Kauai Chamber of Commerce, has researched the logistics of producing a `2009 Guide to Kenai' which the KCVB would use to promote Kenai as a destination. for tourists, and would be used by the Kenai Chamber for business and residential relocation packets. Based on production cost, the KCVB staff has determined the amount of advertising needed to produce the guide in time for the '09 visitor season. MOTION: Director Steckel. mationed to approve the plans set forth by Ala in moving- forward on the creation of a 2009 Guide to Kenai, second by Director Brower. MOTION PASSED UNANIMOUSLY. H. REPORTS Ala provided a summery of her report. I. BOARD COMMENTS I. Mike Boyle- good reception on May 9`a. 2. Director Steckel- gaud building of teamwork between staff and giving them cont£ol over their departments. 3. Director Braver-good write-up in the Clarion about the Saturday Market. Enjoyed the Gala. 4. Director Wheeler -good Gata reception. J. ADJOURNMENT at 7:14 pm The next scheduled KCVB Board meeting will take place on Monday, June 30, 2008. 186 ERk GRANT CHANGE KENA6 Combined Month AVBAT'IOiJ AVIATION Total FROM 2007 AVIR'GION Month TOtai Janua 6.011 1,741 7,752 335 7,417 263 8,015 Februa 5,431 1,601 7.032 601 8.431 297 7,329 (March 5,30fi 1,605 6,911 244 6,6&7 285 7,196 'A ril 5,435 1,622 7.057 55.9 6,498 334 7,391 Ma 5,773 1,799 7,572 181 7.391 418 7,990 June 6,177 1.843 8,020 185 7,835 398 8,418 Jul 0 11,606 Au ust 0 10,211 Se fembar 0 7,598 October 0 7.846 November 0 7,413 December 0 6,771 Totals 34.33 90. 11 44 93 4 5-year Comparison Chart 2007 2006 2005 2004 2003 7,417 6,466 6,023 6.326 6,45< 6;43, - E';93x. _ .. :~~2€` "x„922.. 5,~1tJ5 R RR7 6.808 "0.184 5,993 5,28C 7 11 93,684 90,070 83,523 95000 III 90000 I 85000 ~..._. 91 Senesi~~ 00000 75000 70000 187 2007 2006 2005 2004 2003 FLAT I~LA[~!E BASIN ~G'T'lV'ITY ®F'~~TI®s _____ ____ _____ ______________ Month ____________ 2008 2007 2006 2005 2004 APRIL 0 0 D 2 0 MAY 66 0 99 114 99 i JUNE 118 72 151 317 161 JULY 178 285 327 428 AUGUST 221 251 238 342 SEPTEMBER 173 136 227 134 OCTOBER 30 51 100 40 NOVEMBER Closed Closed Cfosed Closed Fu~{~ .cd~LE.c9 Month 2008 2007 2006 2005 2004 MAY $561 $0 $0 $1,035 $452 I JUNE ~ $3,443 $988 $909 $3,101 $2,209 JULY $2,660 $3,138 $3,461 $2,095 AUGUST I ( $2,721 $2,023 $3,365 I $2,041 SEP I EiviBER $2,493 $2,05° $2,81' e'°' OCTOBER I I $162. ( $297 .$693 ~ $26 Slips Rented Private 10 Commerical 0 Rev 5!2008 188 Page 1 of 1 Carol Freas From: Jack Castimore [jack@castimore.com] Sent: Saturday; July 12; 2008 6:09 PM To: halsusan@acsalaska.net Subject: Thanks Hal Smalley Councilman Hal Smalley; Thank you for all the assistance on Saturday great help and the project was successful with all the Volunteers assisti City employees: Dave Hernandez, Nate, Keegan were The low area back by the bridge. progress. The beginning trail on Main Street. ~Ne (Kenai Lions Club) want to continue with brush clearing and trail work this summer as ti~';~e permits. Thank you for the gravel and. the workers. We hope that some additional gravel and a few hours of city summer workers could be made available to continue this project. Again, thank you and Brian for the help. Jack Castimore 7/I 4/2008 aQ~w °""q~ w°" .® C®~~ 1~.~ SARAH H. PALIN, GOVERNOR DEPT. OF HEALTH AND SOCIAL SERVICES DIVLSION OF JUVENILE JUSTICE July 10, 2008 Mr. Rick Koch, City Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Mr. Koch: Kenai Peninsula Youth Facility 405 Marathon Ruad Kenai, AK 99611 Phone (907)335-3100 Fax (907)335-2096 ~~'rT(t r '"~ ~ ~ 2ooa f :_ I would like you to consider our need for a bike path on the west side of Marathon Road leading up to our juvenile detention facility. i understand that current city road construction plans include a sidewalk that will extend up to the HEA driveway. The distance from the HEA driveway to our driveway is approximately 400 feet. Pedestrians walking or biking to our facility have no viable path at this time except the edge of the roadway. Traffic on this road is usually light; however, there seems to be the habit of some local drivers to drive at unsafe speeds on this road. The increase in traffic related to construction and the large stores opening is a cause for additional concern for pedestrians. `fhe use of our facility is not limited to the youth being held in detention. Our probation of ice is based here and they supervise a large number cf youth in the ecmm~anity. In F YO? there were 384 referrals to Kenai probation. These referrals typically result in client meetings held at the facility and many of the youth are placed on formal or informal probation. While youth are on probation they come to the facility on a regular basis for meetings or drug testing. In addition to probation youth, we have the school district's Alternative To Out of School Suspension (ATOSS) program, a Transition Services Program (TSU) for youth coming back to the community from locked treatment, and youth using the facility for a variety of other programs. This summer we have two leadership programs being held in our ATOSS classroom. If you need additional information concerning this request, please confact me at any time. Sincerely, /~ Steve Kiefer, Superintendent City of Kenai Building Pea~mits - 2nd QuaNter 2008 Description Permit #: Date Parcel # Valuation New-Commercial 64485 4/18!2008 4327008 $14,000.00 B4493 4/2!2008 4705217 $9,056,000.00 B4527 6/18/2008 4336039 $376,000.00 Summary for'Description' = New-Commercial (3 detail records) Sum $9,448,000.00 New-Garage/Carport 84529 6/20/2008 Summary for'Description' = New-Garage/Carport (1 detail recoN) 8Um 4928010 $33,500.00 $33,500.00 New-SFD 84495 4/21/2008 4101266 $270,000.00 64500 5/1/2008 4707129 $530,000.00 84501 5/7/2008 4301208 $293,000.00 84502 5/8/2008 4924011 $129,000.00 84516 6{5/2008 4524046 $175,000.00 84517 6/5/2008 4524045 $175,000.00 84520 6/13/2008 4941045 $365,000.00 64523 ~ 6/17/2008 3912218 $100,000.00 B4524 6/17/2008 3906313 $120,000.00 84526 6/18/2008 4942032 $275,000.00 Summary for'Description' = New-SFD (10 detail records) Sum $2,432,000.00 Wednesdrry, July 09, 2008 Page Z of3 Description Permit #: Date Parcel # Valuation Other-Commercial 84496 4/24/2008 4511033 $6,000. 00 84497 4/29/2008 4701028 $824,000. 00 64503 5/8/2008 4322021 $6,000. 00 84504 5/8/2008 4105005 $2,500. 00 84506 5/8/2008 4108001 $10,000. 00 84507 5/8/2008 4518002 $5,000. 00 84508 5/8/2008 4910123 $2,000. 00 64509 5{9/2008 4336015 $3D,000. 00 B4511 5/12/2008 4314014 $14,000. 00 84515 6/42008 4501023 $3,500. 00 84518 6/5/2008 4105015 $500. 00 B4519 6/12/2008 4336015 $289,000. 00 84521 6/13/20D8 4336033 $136,000. 00 64528 6120!2008 4331009 $165,000. 00 Summary for'Descripfion' = Other-Commercial (14 de[arl records) SUIII $1,493,500.00 Wednesday, July 09, 2008 Page 2 oj3 Description Permit #: Date Parcel # Valuation Other-RES 64494 4/15/2008 4938202 $4,000.00 64498 4129/2008 4515415 $20,000.00 64499 4129/2008 4329019 $3,0D0.00 84505 5!8/2008 4918028 $2,000.00 84510 5/14/2008 4938122 $1,400.00 84512 5/16/2008 4939031 $10,000.00 64513 6/4/2008 4303026 $62,500.00 64514 6/4/2008 4942024 $12,0OD.00 64522 611312008 4707106 $80,000.00 64525 6/18/2008 4926118 $18,000.00 64530 6!20!2008 4325001 $3,400.00 84531 6/2012008 4916056 $6,0OD.00 64532 6126/2008 4926021 $9,000.00 84533 6/27!2008 4715022 $6,000.00 64534 6/27/20D8 4509024 $35,000.00 84535 6/27/2008 4101353 $1,500.00 84536 6/27/2008 4510011 $2,000.00 Summary for'Descnption' = Other-RES (17 detail records) g~ $275, 800.00 Grand Total $13, 682, 800.00 Wednesday, ,/uty 09, 2008 ,Page 3 of 3 `® VV q~ ` V rpm' 1 `y® U U U ~ K K U ~' K K K fL U U ~ U ~f 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 ~n o 0 v m v o co v o M o ci ai ~o ~i Ni o ~ Vi h M N N Efi M T N Vi Ni f9 bi O N N fA N N (A ~ Vi 4R f9 f9 Ni zl 0 r r~. 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N b in i ~ 1T C y ~ Z ~' 1~ W O O ~ N M V t(1 tp !~ N m O ~ N ~ ~ O O O Y 1 N ~ N Y to Y N l N N t ': ~ N h UJ ) i J t[J N N ) J [J N ° . G 0. m m m m m m m m m m m m m m m m .. h l ~~y i d d l y C ^~ +.~ ~z Y 0.Y ~ K K ~ U U W ~ K ~ ~ fY ~ K O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~n a o 0 0 o u~ o 0 0 of ui o ~ ri ri id m co ~ <.i O N I~ h ID M G9 fA fA NJ M t9 eA Hi N M FA 64 US M M ffY fA _R p N # ° ~ vi p p E N ~ ~ N o `° x V) N N E d SC p m c t p ' o ~ 3 W ¢ ~ o ~ h E u. 3 d ' n U n a w > ~ p p m m # ik rn E m _ > ~ vi O N ~ U ~ N p p N ' L 'O ~ ~ a rn ~ ~ ot3 ~ C Y M U1 o ~ F- O C N a w e ~ ~ t 1~ ~ A N N O ' (D .~ OJ ~ O M a J ~ (/1 ffl a m m m N m m~ m m m C U m¢ N J ~ C Q J Q J J W J J U O J J Q J m S U J J ~ p _ U > o > [n a m _ N _ !n ~ ~ J '¢ a 3 ~ ~ 0 0 o O ~ `m O ~ ~ ~ ° a a ~ ~ o` `m m m .D w 0 a m n ~ Y J ~ m ~ m m Q K Q I O Z vi ~ U c4 S O O tD N ~ rn W rn N O V O O tp O M O 1~ O N O K1 N M N ~O M c0 N V' ~- N m (~ N T N _ O O O N ~ T N UJ O_ C O L U O m d L c m ~ N E =' 2 p a ~ _ ` ~ C ~ N ¢ C C ~ 9 ~ ~ 'D m o N ~ ~ G m C w Q O m U N N ~ -~ ~ O N C7 m U a o o °' ~ ~ ~ v~ d ~ ~ d S p U U K J W N K > U N l W N OJ rn O N N V M .- M M O O ~O N N N t0 N M ~ O O O O O O O O O M O N tp (D N (O o~ N (D fD 40 rn O T ~ ~ m M M ONi M 0I ONi I~ ~ ~ N M M v a a c o v v a v a c c M m ro ro m m m m w m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N r r ~ ~ ~ ~ N ~ N N N N N N f0 !D fD (O (O t0 t0 (O (O f0 tD ~O t0 (O M v ~n io n M rn o N M v ~n ~o N N N N N N N M M M M M M M LL~ IA t0 t0 uJ t[J ~ t0 In I(J H In tN 10 V V C C V V C V V V C' C V V m m m m m m m m m m m m m m 0 N D •~ !~ T COUNCIL PACKET DISTRIBUTION ~ COUNCIL MEETING DATE: ~~~ol~ ~ AGENDA DISTRIBUTION DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsu/a C/orion (at email folder Wark Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net}. Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. CITY OF KENAI NOTYCE OF PUBLIC HEARING JULYI6, 2008 NOTYCE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) at its regular meeting of July 16, 2008. 1. Ordinance No. 2323-2008-- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition. of "Municipal Officer" in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. (Clerk's Note: Ordinance No. 2323-2008 was amended at the July 2, 2008 council meeting and then postponed to the July 16, 2008 council meeting. The motion to approve is active.) a. Substitute Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer" in KMC 1.85.070; and., 3) Adding Definitions for "Domestic Partner," "Health Care Provider," and "Covered Individual' ; and, 4) Including Stockbrokers, Financial Advisors and Health Care Providers in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. 2. Ordinance No. 2326-2008 -- Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund. 3. Ordinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. '7 8s Lot 5, FBO Subdivision No. 8 Fram Conservation to Light Industrial. 4. 'Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. 5. Ordinance No. 2329-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract lA of Buffalo Run Subdivision 2008 Replat (Preliminary Plat) Consisting of Approximately 72 Acres from Suburban Residential and Rural Residential to Rural Residential. 6. Ordinance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering. 7. Ordinance No. 2331-2008 -- Enacting a New Section of the Kenai Municipal Code (KMC 13.20.040) Titled "Trespass" Making It a Violation to Trespass Upon Real Property. Resolution No. 2008-42 -- Pertaining to the Investment Allocations of the Airport Permanent Fund and Establishing Appropriate Benchmarks to Measure Performance. Resolution No. 2008-43 -- Awarding a Professional Services Contract to Alaska Permanent Capital Management, Inc. to Manage the Airport Permanent Fund Investments. 10. Resolution No. 2008-44~ -- Approving a Contract to Southcentral Construction., Inc. for the Project Entitled Marathon Road Improvements - 2008 for the Total Amount of $1,016,265.90. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances may be amended by the Council prior to adoption without further public notice. l17°Ii/E I N M TI IV: Secand?