The URL can be used to link to this page

Home My WebLink About2003-04-16 Council PacketKenai City Council Meeting Packet April 16, 2003 AGENDA KRN~ CITY COUNCIL- REGULAR MEETING APRIL 16, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www. ci.kenai.ak.us ITEM A: CALL TO ORDER , 2. 3. 4. 5. 6. Pledge of Allegiance Roll Call ELECTION OF COUNCIL MEMBER Oath of Office -- New Council Member Agenda Approval 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: .. ITEM C: SCHEDULED PUBLIC COMMENTS (10 minutes) REPORTS OF KPB ASSEMBLY, LF~ISLATORS AND_ COUNC _r~_ ITEM D: PUBLIC HEARINGS o Ordinance No. 1998-2003 -- Amending Kenai Municipal Code by Adoption of a New Chapter 12.40 to Regulate Smoking in Eating Establishments. a. Remove from Table b. Consideration of ordinance. , Ordinance No. 1999-2003 -- Amending the Kenai Municipal Code by Adding Chapter 12.40 That Eliminates Smoking in Public Places and Workplaces Except Private Clubs. , Ordinance No. 2000-2003 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Council on Aging - Tire III Fund for the Purchase of Food. . *Liquor License Ownership/Stock Transfers -- Uptown Motel/ Louie 's -- Schilling Alaska, Inc. Uptown Motel/Back Door Lounge -- Schilling Alaska, Inc. *Liquor License Application for Restaurant Designation Permit -- Uptown Motel/Louie's Uptown Motel/Back Door Lounge ITEM E: . 2. 3. 4. 5. 6. 7. ITEM F: le ITEM G: ITEM H: ITEM I: , . , COMMISSION[COMMITTEE REPORTS Council on Aging . Airport Commission Harbor Commission Library Commission Parks & Recieat2on COmmission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. ' Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce *Regular Meeting of March 19, 2003. *Regular Meeting of April 2, 2003. CORRF-~PO~ENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2001-2003 -- Amending KMC TITLE 4 and KMC Title 14.20.220 to Adopt: 1) the International Building Code, 2000 Edition of the International Code Council; 2) the International Property Maintenance Code, 2000 Edition of the International Code Council; 3) the International Mechanical Code, 2000 Edition of the International Code Council; 4) the National Electrical Code, 2002 Edition of the National Fire Protection Association; 5) the International Fuel Gas Code, 2000 Edition of the International Code Council; and 6) the Intemational Residential Code, 2000 Edition of the International Code Council. , *Ordinance No. 2002-2003 -- Adopting KMC 13.10.015, Changing the Bail Schedule for Minor Offense Violations to Reflect thc One Adopted by the Mumcipality of Anchora§c Instead of thc State of Alaska's Bail Schedule. , *Ordinance No. 2003-2003 -- Increasing Estimated Revenues and Appropriations by $32,000 in the General Fund and the Skateboard Park Capital Project Fund. , *Ordinance No. 2004-2003 -- Amending KMC 8.05 to Adopt the International Fire Code, 2000, First Print~g With Amendments. , e Approval -- Lease Application -- Tract A, Gusty Subdivision No. 3/James H. Doyle. Approval -- Lease Application -- Airport Terminal, Space 21/Roger & Linda Petrey, d/b/a Wings Airport Cafe. . 10. Approval -- Assignment of Lease -- Lot 3, Block 4, General Aviation Apron/Bob's Pawn, Inc. & W.W. Wilson, III to Russell G. Winger. Approval -- Consents to Assignment of Lease and Security Assi~m__ent of Lease -- Alaskalanes, Inc. and Ken Liedes and Mike Trujillo, Individually to Alaskalanes, Inc. and Ken Liedes, Individually. ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk -, ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT MAYOR'S REPORT APRIL 16, 2003 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD TO: K-l, 4/14/03 P. Fitzgerald Memorandum for Record -- Project Status Report/Kenai River Bluff Erosion Study CITY MANAGER CONSENT AGENDA MAYOR'S REPORT , z :D 0 L> ri, n,' W > zw~ <°~~ ,~~n~ Z~ ZWw Kenai City Council Member Election - A- 3 Ballots for the election of council Member April 16, 2003 CANDIDATE Hal Smalle¥ Barry Eldridgc Carol Brenckle John "Ozzie" Osborne Blame Gilman VOTE \, .. Council signature CANDIDATE ,Hal Smalley Barry Eldridge Carol Brenckle John ~Ozzie~ Osborne Blaine Gilman Council signature VOTE CANDIDATE Hal Smalley Barry Eldridge Carol Brenclde John "Ozzie~ Osborne Blaine Gilman VOTE Council signature Kenai City Council Member Election - April. 16, 2003 A- 3 Ballots for the election of council Member CANDmATE ,Hal Smalle¥ Barry Eldridge Carol Brenckle John "Ozzie' Osborne Blaine Gilman ~Cffoun~l~i~/{atTur~ CANDIDATE VOTE Hal Smalley ~ , Barry Eldridge Carol Brenckle John ~Ozzie' Osborne Blaine Gilman Council signature CA1/DIDATE VOTE Hal SmaJley , Barry Eldridge Carol Brenclde John "Ozzie Blaine Gilman signature Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election of council Member CANDIDATE VOT~ Hal Smalle¥ Barry Eldridge Carol Brenclde John "Ozzie' Osborne Blame Gilman ~ X _ CANDIDATE VOTE Hal Smalley Barry Eldridge Carol Brenclde John "Ozzie' Osborne fl. Blaine Gilman ,, Co~ signature CANDIDATE' . VOTE Hal Smalley ]~ Barry Eldridile , Carol Brenclde John "Ozzie' Osborne · Blaine Gilman ~ouncil signature Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election of council Member CANDIDATE VOTE Hal Smalley Bart7 Eld_ridge Carol Brenckle John "Ozzie Blame Gilman , Council sienature CAI/DIDATE VOTE Hal Smalley Barry Eldrid§e Carol Brenclde John "Ozzie' Osborne Council aignature VOT~ ,Hal Smalley ' ' f' Bm~ Eldridge Carol Brenclde John "Ozzie" Osborne Blaine Gilman Council sigr/at~r~- Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election of council Member CANDIDATE VOT~ Hal Smalley Barry Eldridge ,Carol Brenckle John "Ozzie'Osbome Blaine Gilman Council signature CANDIDATE Carol Brenckle ~ John "Ozzie' Osborne Blaine Gilman Council signature VOTE CAIgDIDATE VOTE Hal Smalley ~ Barry Eldridge ~ Carol Brenclde dohn "Ozzie~ Osborne Blaine Gilman Co~n~ signature Kenai City Council Member Election - April 16, 2003 CANDIDATE VOTE Hal Smalley Bm'fy Eldridge Carol Brenckle John "Ozzie Blaine Gilman · / . I CANDIDATE VOTE Hal Smalley Barry Eldridge Carol Brenckle John "Ozzie' Osborne Blaine Gilman Council ~'ignature CANDIDATE VOTE Hal Smalley Barry Eldrid~e Carol Brenckle John "Ozzie" Osborne ~ ~ Blaine Gilman / ~ Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election of council Member ., CANDIDATE VOT~ Hal Smalley J~m'ry Eldridge Carol t~renckle ,John 'Ozzie~ Osborne ~ Blaine Gilman ~" - ,. CANDIDATE Carol Brenclde John "Ozzie' Osbome Blaine Gilman / ,.~.<_i ../ . ,. ..v ... ~'£,. / ,, ~ Councff s~ignature'' VOTE CANDIDATE , J.o .hn Ozme Osborne Kenai City Council Member Election - April 16, 2003 A - 3 Ballots for the election of council Member CANDIDATE VOTE Hal Smalle¥ Barry Eldridgc Carol Brenckle ,, John "Ozzie' Osborne Blaine Gilman C°,,,~cil signature CANDIDATE VOTE Hal Smalley Brat7 Eldridge Carol Brenckle , ,, John "Ozzie' Osborne ~, Blaine Gilman Council signature CANDIDATE . VOTE , Hal Smalley , Barry Eldridge ,, Carol Brenckle John "Ozzie' Osborne Blaine Gilman ~ Council signature Kenai City Council Member Election A- 3 Ballots for the election of council Member - April 16, 2003 CANDIDATE Hal Smalley Barry Eldridge Carol Brenckle John "Ozzie" Osborne Blaine Gilman Cou/~cil signature /~ - VOTE CANDIDATE Hal Smalle¥ Barry Eldridge Carol Brenclde John "Ozzie' Osborne Blaine Gilman Council signature VOTE CANDIDATE VOTE Hal Smalley · ,~.. Barry Eldridge Carol Brenckle John "Oz~e" Osborne Blaine Gilman Kenai City Council Member Election - April 16, 2003 A - 3 Ballots for the election of council Member CANDIDATE Hal Smalley Barl-~ Eldridge Carol Brenclde John "Ozzie' Osborne Blaine Gilman Council ,signature VOTE CANDIDATE Hal Smalley Barry Eldrid§e Carol Brenckle John "Ozzie' Osborne Blaine Gilman VE CANDmATE Hal Smalley Barry Eldridge Carol Brenckle John "Ozzic' Osborne Blaine Gilman VOTE CoUncil.~signature Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election of council Member CANDIDATE VOTE Hal Smaney Barry Eldridge Carol Brenckle John "Ozzie" Osborne Blaine Gilman CANDIDATE VOTE Hal Smalley ~ Barr~ Eldridge Carol Brenclde John "Ozzie" Osborne Blaine Gilman Council signature CANDIDATE VOTE Hal Smalley ' , Barry Eldridge Carol Brenckle John "Ozzie" Osborne , Blaine Gilman signature Kenai City Council Member Election - April 16, 2003 A - 3 Ballots for the election of council Member C~IDATE ] VO?E Hal Smalley John "Ozzie RI,-,;-,-- r'~_; 1.,,,,~ ~.._.~ Council signature CANDIDATE VOTE Hal Smalley ~ ,,, Barry Eldridge Carol Brenckle , John "Ozzie' Osborne Blaine Gilman .. Council s(gnature CANDIDATE Hal Smalley , Barry Eldridge Carol Brenckle John "Ozzie" Osborne Blaine Gilman Council signature VOTE Kenai City Council Member Election - April 16, 2003 A - 3 Ballots for the election of council Member CAI~DIDATE vc~r~ Hal Smalley ~ Barry Eldridge ~; Carol Brenckle John "Ozzie" Osborne Blame Gilman CANDIDATE Hal Smalley Barry Eldridge Carol Brenclde John "Ozzie' Osborne Blaine Gilman TE f x;- ' ';,;/ · .. q,_:, ," .-:~.-.z/,R ~...... Councfi~Signamre CANDIDATE VOTE Hal Smalley Barry ,,,Eldridge Carol Brenckle John "Ozzie' Osborne , ~ Blaine Gilman Council signature Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election .of council Member CANDIDATE VOTE Hal Smalley /~_ Barry Eldridge Carol Brenclde John "Ozzie' Osborne Blame Gilman Council signature CANDIDATE VOTE Hal Smalley, Barry Eldridge Carol Brenckle John "Ozzie" Osborne ~ Blaine Gilman CARDIDATE VOTE Hal Smalley, Barry Eldridge · Carol Brenckle / John "Ozzie' Osborne ,~ Blaine Gilman Council signature Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election of council Member CAI/I)IDATE Hal Smalle¥ Barry Eldrid§e Carol Brenckle John "Ozzie' Osborne Blaine Gilman VOTE counc~ signature · t- CANDIDATE VO~'~; He! Smel~ey Barry Eldridge Carol ~renck!e John "Oz~e' Osborne Blaine Gilman Council signature CAI~IDATE VOTE Hal Smalley ,,, Bm'fy Eldridge Carol Brenckle John "Ozzie' Osborne ~, Blame Gilman ~ouncfl~g~at~re Kenai City Council Member Election - April 16, 2003 A - 3 Ballots for the election of council Member CAI~IDATE VOTE Hal Smalle¥ Barry Eldridge Carol Brenckle John "Ozzie" Osborne Blame Gilman C~cil sigr[amre ~,~ t/ CANDIDATE VOTE Hal Smalley Barry Eldridge Carol Brenckle John "Ozzie'Osbome ~, Blame Gilman ..... Coundl aignamre C~mcil signature CANDWATE ~~E ., Hal Smalley · Barry Eldridge _ Carol Brenckle John "Ozzie' Osborne B1 _ame Gi!~an Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election of council Member CANDIDATE Hal Smalle7 Barry Eldridge Carol Brenckle John "Ozzie' Osborne Blaine Gilman Council signature VOTE CAKDIDATE Hal Smalley Barry Eldrid§e Carol Brenckle John ~Ozzie' Osborne Blame Gilman VOTE Council signature CAI/DIDA~?E Hal Smalley Barry Eldridge Carol Brenckle John "Ozzie' Osborne Blaine Gilman '-'(}oU-ncfl s~gnatm, e~'' / Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election of council Member CANDIDATE 'Hal Smalley Barry Eldridge Carol Brenclde John "Ozzie" Osborne Blaine Gi!~an signatTure ~ ~ VOTE CANDIDATE Hal Smalley Barry Eld.ridge Carol Brenckle John "Ozzie'Osbome Blaine Gilman / VOTE Hal Smalley CANDIDATE Barry Eldrid§e Carol Brenclde John "Ozzie" Osborne Blaine Gilman Cg~ncii signature )-' /' Kenai City Council Member Election - A- 3 Ballots for the election of council Member April 16, 2003 CAKDIDATE VOTE Hal Smalley Barry Eldridge t Carol Brenctde -. John "Ozzie' Osborne · ., Council mSn~ature · ... CANDIDATE VOTE Hal Smalley Barry Eldridge Carol Brenckle / John "Ozzie ,, Council signature CAI/DIE)ATE VOTE Hal Smalley 1 Barry Eldridge ,2 Carol Brenckle ~, John "Ozzie' Osborne ¥ C~il signature Kenai City Council Member Election - April 16, 2003 A - 3 Ballots for the election of council Member CANDIDATE VOTE Hal Smalley Barry Eldridge Carol Brenclde John "Ozzie' Osborne C~un~/~amre - ' Hal Smalley CANDIDATE zV~.TE Barry Eldridge / Carol Brenckle ~ John "Ozzie'Osbome ~ Blame Gilman Council signature CANDIDATE · VOTI~ H_al Sm_alley / B_arry Eldridge Carol Brenc~e John "Oz_=i_e' Osborne /7/ signature Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election of council Member CArD.ATE Hal Smalley ~arry Eldridge Carol Brenckle John "Ozzie' Osborne OTE Council signature CAI/DIDATE Hal Smalley Barry Eldridge Carol Brenclde John "Ozzie' Osborne , Blaine .gilman Council signature VOTE ,,, CA//DIDATE VOTE Hal Smalle7 Barry Eld_ridge Carol Brenclde. , John "Oz~e" Osborne ~ Blaine Gilman Co~' signatur~ Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election of council Member CANDIDATE VOTE Hat Sma~ey ~' Barry Eldridge Carol Brenclde John "Ozzie' Osborne Blaine Gilman CANDIDATE VOTE Hal Smalley Barry Eldridge Carol Brenckle John "Ozzie' Osborne ~t~ Blaine Gilman Co~cil signatu~ ~ CA//DIDATE VOTE Hal Smalley / Barry Eldridge .. Carol Brenckle John "Oazie' Osborne Blame Gilman · c~unc~ signa~rre Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election of council Member Hal Smalley Barry Eldridge Carol Brenclde John "Ozzie' Osborne ,, Blame Gilman Couhtfil signature CANDIDATE I VOTe. CA1/DIDATE VOTE Hal Smalley Barry Eldridge Carol Brenckle John "Ozzie' Osborne ,,~ Blame Gilman ,, CANDIDATE VOT~ Hal Smalley Barry Eldridge Carol Brenckle John 'Ozzie' Osborne ~ Blaine Gilman Council signature Kenai City Council Member Election - April 16, 2003 A- 3 Ballots for the election of council Member CANDIDATE VOTE Hal SmaJley .... ~ Barry Eldridge ! Carol Brenckle John "Ozzie~ Osborne _ ,, CANDIDATE VOTE "Hal Sma e Barry Eldrid§e , Carol Brenckle John "Ozzie' Osborne ,, ,~ Blame Gilman CANDIDATE VOTE Hal Smalley BmTy Eldridge Carol Brenckle John "Ozzie Blaine Gilman Coundl signature Suggested by: Council CITY OF KENAI ORDINANCE NO. 1998-2'003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEN;d, ALASKA, AN ORDIN~CE AMENDING KEN~ MUNICIPAL CODE BY ADOPTION OF A NEW CHAPTER 12.40 TO REGU~TE SMOKING IN EATING ESTABLISHMENTS. WHEREAS, the smoking of tobacco is a proven danger to health; and, WHEREAS, health hazards induced by breathing secondhand smoke includes, but is not limited to, lung cancer, respiratory refection, decreased respiratory function, broncho-constriction, and broncho-spasm; and, WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers and restaurant staff; and, WHEREAS, persons eating outside their homes for meals, including children, are often involuntarily exposed to indoor tobacco smoke which is not only harmful to their health, but which may also diminish their enjoyment of the experience; and, WHEREAS, the City Council hereby finds that it is in the public health, safety and welfare to supplement State regulation of the use of tobacco and tobacco products by regulating their use in eating establishments within the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that K/VIC 12.40 is hereby added to read as follows on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of April, 2003. 'ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk Introduced: Adopted: Effective: March 19, 2003 April 2, 2003 October 2, 2003 Section Chapter 12.40 REGULATION OF SMOKING IN EATING EST~LIS~NTS S.ections: 12.40.010 12.40.020 12.40.030 12.40.040 12.40.050 12.40.060 12.40.070 12.40.080 Definitions Regulation of Smoking in Eating Establishments Where Smoking Not Regulated Sign Posting Requirements ... No Retaliation Violations and Penalties Enforcement Other Applicable Laws 12.40.010. Definitions. , "Bar" means a premises licensed under As 04.11.090 which does not employ any person under the age of twenty-one (21) and which does not serve any person under the age of twenty-one (21) unless accompanied by a parent or guardian, and where tobacco smoke cannot filter into any other area where smoking is prohibited through a passageway, ventilation system or other means. A "bar" does not include areas in an eating establishment where alcoholic beverages may be served. "Eating Establishment" means any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private or public school cafeteria, fast food service and other establishments, including any bar area of any such establishment which is not an enclosed area, which gives or offers for sale food to the public.and where cooked or otherwise prepared food is sold to the public for consumption on the premises, as well as' kitchens in which food is prepared. "Enclosed Area" means a ventilated area so that air from a smoking area is not drawn into or across the nonsmokin§ area where all space between a floor and ceiling is enclosed on all sides by solid walls or windows, exclusive of doors or passage ways, which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend between the floor and ceiling or are not solid. The doors of an enclosed area should remain closed whenever practicable. "Operator" means and includes the owner, proprietor, manager, lessee, lessor, licensee or any other person exercising control over any eating establishment or bar. "Smoking" means the burning, inhaling or exhaling of a tobacco or carrying any ~ lighted pipe, cigar, cigarette or other combustible substance in any manner or in any form. Attachment A Ordinance 1998-2003 Page 1 of 3 12.40.020. Regulation of Smoking in Eating Establishments. Smoking is prohibited and is unlawful within all indoor eating establishments. Section 12.40.030... Where Smoking Not Regulated. Notwithstanding any other provision of this Chapter, the following areas shall not be subject to the smoking restrictions of this Chapter: (a) Bars; and (b) Eating establishments while in use in their entirety for pr/vate functions; and (c) to the sky. Any patio or other area of an eating establish_rnent which is entirely open Section 12.40.040. Sign Posting. Requirement. (a) The operator of a bar or eating establishment controlled by this Chapter shall post signs stating ~No Smoking", with letters of not less than two inches in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), and with letters of not less than one inch in height, citing City of Kenai Municipal Code Chapter 12.40. Signs shall be clearly, sufficiently and conspicuously posted in every location where smoking is controlled by this Chapter. (b) ~very operator of an eating establishment regulated by this chaPter shall have posted at the entrance of the eating establishm_ent, a sign clearly stating, 'No Smoking~ which meets the above described requirements. Section 12.40.050. No Retaliation. No person may retaliate or discriminate against any customer or employee because such person exercises any right to a smoke-free enviroxa_m__ent afforded by this .Chapter. Section 12.40.060... Violations and Penalties. (a) It is unlawful for any person who operates any premises subject to regulation under this Chapter to fail to comply with any provisions of thi~ Chapter. (b) It is unlawflal for any person to smoke in any area where smoking is prohibited by this Chapter. (c) Any person who violates any provision of this Chapter shall be guilty of an infraction, punishable by: Attachment A Ordinance 1998-2003 Page 2 of 3 1. A t-me not exceeding one hundred dollars (3;100), plus any surcharge required to be imposed by AS 12.55.039, for a f~rst violation within a 24 month period; 2. A frae not exceeding two hundred dollars ($200), plus any surcharge required to be imposed by AS 12.55.039, for a second violation within a 24 month period as measured from the date of first violation; or 3. A fine not exceeding five hundred dollars ($500), plus any surcharge required to be imposed by AS 12.55.039, for a third or additional violation~ with/n a 24-month period as measured from the date of fa'st violation. (d) Each and every day that such violation continues shall be deemed a separate and distinct violation. (e) Any person aggrieved by a violation or threatened violation of this Chapter or the City may bring a civil action against a person who violate~ this Chapter and. may recover a civil penalty not to exceed $300 per violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. Section 12.40.070. Enforcement. (a) Administration of this Chapter shall be by the City Manager or his or her designee(s). Any person who desires to register a complaint hereunder may initiate enforcement consideration with the City Manager or hi~ or her designee(s}. (b) Prior to citing an owner for violation of this Chapter, the City shall provide the operator with a written warning for any such violation. Thereafter, in the case of the first violation of this Chapter in any two-year period, the operator shall be subject to the penalties set forth in Section 12.40.060. Section 12.40.080. Other Applicable Laws. This Chapter shall not be interpreted or construed to permit smoking where it ia othemri~e restricted by other applicable laws or regulation. Where State law and the prov/sions of thi~ Chapter apply to the same area or activities, the more stringent provision creating a smoking prohibition shall apply. Effective Date. Section 2 This ordinance shall be effective on October 2, 2003. Attachment A Ordinance .1998-2003 Page 3 of 3 Carol Freas .From: Sent: To: Subject: Kattaryna Stiles [kstiles@anhb.org] Tuesday, March 18, 2003 4:00 PM Carol Freas Testimony for proposed Ordinance No. 1998-2003 Testimony for ,roposed Ordinan.. bear Ms. Frees, I am attaching a letter concerning proposed Ordinance No. 1998-2003. Please distribute hard copy to e~ch council member prior to tomorrow evening's meeting. If possible, I~ would also like this letter read into the'public record as testimony. Thank you for your consideration. Regards, <<Testimony for proposed Ordinance No. 1998-2003.doc>> Katta~yna 5tiles Alaskans fo~ Tobacco-F~ee Kids ~learing the air and saving lives - one community at a time. 907-743-6125 direct 800-478-2426 toll free 907-536-2001 fax ii LUNG ASSOCIATION. Association,, O~,~/C]$KO Fighting H®ln Ois~se In~l Stmkl Alaskans for Tobacco-Free Kids March 18, 2003 Kenai City Council 210 Fidalgo Ave. Suite 200 Kenai, Alaska 99611 Dear Council Members, .: 1920 t ; J ..,~ ,',,:; .,-.I CLERK, Alaskans for Tobacco-Free Kids would like to commend you for considering an ordinance to regulate smoking in eating establishments. Passage of this ordinance would be a good first step toward protecting the public health of workers in Kenai businesses. We are concerned, however, that while the proposed ordinance may create a more pleasant dining experience for nonsmokers, it does not go far enough to the protect public health of Kenai workers. A nonsmoker working an 8-hour shift in a smoking establishment inhales deadly toxins equivalent to smoking full pack of cigarettes. For every eight smokers who die of tobacco-related illnesses, one nonsmoker dies from secondhand smoke. We are concerned specifically about some dangerous loopholes that may be included in the current ordinance language and would like you to consider some amendments to the ordinance prior to its passage. We urge you to consider removing from the ordinance the exemption for bars that are attached to restaurants. This change would allow smoking only in free- standing bars, thus protecting more workers and more of the public from the deadly effects of secondhand smoke, it is also much easier to enforce an ordinance that includes the bar area of restaurants. Recommended language to replace Section 12.040.030(a)is as follows: Bars, other than bars attached to restaurants, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this chapter. Along these lines, we also suggest avoiding exemptions for bar areas of restaurants that are in "enclosed areas" under the definition of "eating establishment." As currently written, the definition of "enclosed area" still allows for passage of secondhand smoke into restaurant areas through doors and passageways. Our proposed revision would include deleting the phrase, which is not in an enclosed area, in the definition of "eating establishment" under section 12.40.010 and eliminating the definition of "enclosed area" entirely. The definition of a "bar", as currently written in the ordinance, is identical to the language in the .Anchorage clean indoor air ordinance. With over two years experience operating under this ordinance, we have found that this' language creates a loophole by allowing restaurants with attached bars to declare themselves to be entirely a bar. We strongly encourage you to consider strengthening the current language to close the loophole and protect all patrons and workers that work in restaurants with attached bars. Recommended language reads: "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. Thank you for considering passage of a clean indoor air ordinance in Kenai. If we can be of further assistance to you in this matter, please feel free to contact Kattaryna Stiles, Tobacco Policy Coordinator at 907-743-6125. Sincerely, Annette A. Marley, MPH Trampling Tobacco Project Manager Alaska Native Health Board Emily Nenon Alaska Advocacy Manager Amedcan Cancer Society Michelle Toohey Director of Public Advocacy American Lung Association of Alaska Jenna App Alaska Advocacy Director American Heart Association Suggested by: City Co CITY OF KENAI ORDINANCE NO. 1999-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE BY ADDING CHAPTER 12.40 THAT ELIMINATES SMOKING IN PUBLIC PLACES AND WORKPLACES EXCEPT PRIVATE CLUBS. WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually (National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10," Bethesda, MD: National Institutes of Health, National Cancer Institute (NCO, August 1999.); and, WHEREAS, the Public Health Service's National Toxicology Program has listed secondhand smoke as a known carcinogen (Environmental Health Information Service (I~HIS), "Env~onmental tobacco smoke' first listed in the Ninth Report on Carcinogens," U. $. Department of Health and Human Serv/ces (DHH$), Public Health Serv/ce, National Toxicology Program, 2000.); and, WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive ainvay disease. Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer (California En~onmental Protection Agency (Cai EPA), "Health effects of exposure to environmental tobacco smoke", Tobacco Control/6(4): 346-353, Winter, 1997.); and, WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability (Daynard, R.A., "En~romen~ tobacco smoke and the Americans with Disabilities Act," Nonsmokers' Voice 15(1): 8-9.); and, WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. (Department of Health and Human Services. The Health Consequences of Involuntary Smoking: A Report of the Surgeon General. Public Health Service, Centers for Disease Control, 1986.) The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toms in secondhand smoke (Environmental Protection Agency (EPA), "Indoor air facts no. 5' environmental tobacco smoke," Washington, D.C.' Environmental Protection Agency (EPA), June 1989.); and, Ordinance 1999~2003 Page 2 of 2 WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees ~ho work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function (Pitsavos, C.; Panagiotakos, D. El.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.; Stefan ad is, C.; Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes: the CARDIO2000 case-control study," Tobacco Control/11 (3): 220-225, September 2002.); and, 'WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke ("The high price of cigarette smoking," Business & Health 15(8), Supplement A: 6-9, August 1997.); and, WHEREAS, numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smoke flee. CreatiOn of smoke free workplaces is sound economic policy and provides the maximum level of employee health and safety (Glantz, S.A. & Smith, L. The effect of ordinances requiring smoke free restaurants on restaurant sales in the United States. American ~lournal of Public Health, 87:1687-1693,1997; Colman, R.; Urbonas, C.M., "The economic impact of smoke-flee workplaces' an assessment for Nova Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPIAtlantic, September 2001.); and, WHEREAS, smoking is a potential cause of fires~ cigarette and cigar bums and ash stains on merchandise and fvttures causes economic damage to businesses ("The high price of cigarette smoking," Business & Health 15(8), Supplement A: 6-9, August 1997.); and, WHEREAS,' accordingly, the [City Council or Board of Supervisors] finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke free air, and to recognize that the need to breathe smoke free air shall have priority over the desire to smoke. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that Chapter 12.40 be added to the Kenai Municipal Code as written in Attachment A of this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of April 2003. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk (3/25/03 sp) Introduced: Adopted: Effective: April 2, 20O3 April 16, 2003 October 16, 2003 KENAI MUNICIPAL CODE 12.40 Smok!~E 12.40.010 Def'mitions The following words and phrases, whenever used in this Article, shall be construed as defined in this Section: . "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. . "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. . "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wa§es or profit, and a person who volunteers his or her services for a non-profit entity. , "Employer" means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons. , "Enclosed Area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling. . "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, -or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically i11, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. , "Place of Employment" means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a "place of 'employment" unless it is used as a childcare, adult day care, or health care facility. . "Public Place" means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and Ordinance 1999-2003 Page 1 of 6 Attachment A waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. 9. "Restaurant" means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food 'to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on'the premises for serving elsewhere. The term "restaurant" shall include an attached bar. 10. "Retail Tobacco Store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental 11. "Service line" means an indoor line in which one (1) or more persons are waiting for or receiving service of any. kind, whether or not the service involves the exchange of money. 12. "Shopping Mall" means an enclosed public walkway Or hall area that serves to connect retail or professional establishments. 13. "Smoking" means inhaling, exhaling, burning, or carrying any hghted cigar, cigarette, pipe, weed, plant, or other combustible substance in any manner or in any form. 14. "Sports Arena" means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other simi!' ar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events. 12.40.020 Application of Article to City-Owned Facilities Ail enclosed facilities, including buildings and vehicles owned, leased or operated by the City of Kenai shall be subject to the provisions of this Article. 12.40.030 Prohibition of Smoking in Public Places Smoking shall be prohibited in all enclosed public places within the City of Kenai, including but not limited to, the following places: 1. Aquariums, galleries, libraries, and museums. 2. Areas available to and customarily used by the general public in businesses and non-profit entities patronized by the public, including but not limited to, professional offices, banks, laundromats, hotels, and motels. 3. Bingo facilities. 4. Convention facilities. Ordinance 1999-2003 Page 2 of 6 Attachment A 5. Elevators. 6.' Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance. 7. Health care facilities. 8. Licensed childcare and adult day care facilities. 9. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. 10. Polling places. 11. Public transportation facilities, including buses and taxicabs, under the authority of the City of Kenai and ticket, boarding, and waiting areas of public transit depots. 12. Restaurants. 13. Restrooms, lobbies, reception areas, hallways, and other common-use areas, 14. Retail stores. '15. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the City of Kenai or a political subdivision of the State when a public meeting is in progress. 16. Service lines. 17. Shopping malls. 18. Sports arenas, including enclosed places in outdoor arenas. 19. Bars 12.40.040 Prohibition of Smok!~g in Pl~ces of Employment 1. Smoldng shall be prohibited in all enclosed facilities within places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. 2. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. Ordinance 1999-2003 Page 3 of 6 Attachment A 12.40.050 Reasonable Distance Smoldng is prohibited within a reasonable distance of 25 feet outside an enclosed area where smoking is prohibited, to insure that tobacco smoke does not enter the area through entrances, windows, ventilation systems, or other means. 12.40.060 Where Smoking Not Regulated Notwithstanding any other provision of this Article to the contrary, the following areas shall be exempt from the provisions of 12.40.030 and 12.40.040 hereto: 1. Private clubs. . Private residences, except when used as a licensed childcare, adult day care, or health care facility. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than twenty percent (20%) of rooms rented to guests in a hotel or motel may be so designated. . Retail tobacco stores; provided smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this Article. , Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one (1) or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted. Outdoor areas of places of employment except those covered by the provisions of 12.40.050 herein. 12.40.070 Declaration of Establishment as Nonsmoking Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare-'that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of 12.40.080 is posted. 12.40.080 Posting of Signs , "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this Article, by the owner, operator, manager, or other person in control of that place. e Every public place and place of employment where smoking is prohibited by this Article shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. Ail ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this Article by the owner, operator, manager, or other person having control of the area. Ordinance 1999-2003 Page 4 of 6 Attachment A 12.40.090 Non-retaliation No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by thia Article or reports or attempts to prosecute a violation of this Article. 12.40.100 Enforcement . . This Article shall be enforced by the City Manager or an authorized designee. Any citizen .who desires to register a complaint under this Article may initiate enforcement with the City Manager. 3. The Fire Department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. . An owner, manager, operator, or employee of an establishment regulated by this Article shall inform persons violating this Article. of the appropriate provisions thereof. Se Notwithstanding any other provision of this Article, an employee or private citizen may bring legal action to enforce this Article. In addition to the remedies provided by the provisions of this Section, the City Manager or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. 12.40.110 Violations and Penalties le . . A person who smokes in an area where smoking is prohibited by the provisions of this Article shall be guilty of a violation, punishable by a frae not exceeding fifty dollars ($50). A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction, punishable by: a. A frae not exceeding one hundred dollars ($100) for a first violation. b, A frae not exceeding two hundred dollars ($200) for a second violation within one (1) year. Ce A frae not exceeding five hundred dollars ($500)for each additional violation within one (1) year. In addition to the fines established by this Section, violation of this Article by a person who owns, manages, operates, or otherwise controls a public place or place Ordinance 1999-2003 Page 5 of 6 Attachment A of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. , Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. , 12.040.120 Public Education The City Manager shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance. 12.040.130 Other Applicable Laws This Article shall not be interpreted or construed to permit smoking where it is 'otherwise restricted by other applicable laws. Ordinance 1999-2003 Page 6 of 6 Attachment A CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ April 9, 2003 Public Hearing to be Held on Smoking Ordinances Concerned Citizen: On Wednesday, April 16, 2003, the Kenai City Council will consider two ordinances regulating smoking. The meeting begins at 7:00 p.m., and the public is invited to attend and participate. This letter is designed to provide you with general information regarding the proposals and guide you in getting more information if you would like to find out more about them. One proposed ordinance (1998-2003) is designed primarily to prohibit smoking in restaurants. It would allow smoking in separate bars and in bar/restaurants if the bar area has a physical barrier between the restaurant and a separate ventilation system to keep smoke out of the restaurant area. It would not regulate smoking in homes or other public places or businesses. The other proposed ordinance (1999-2003) would prohibit smoking in almost all public places, including indoor workplaces. This ordinance includes a ban on smoking in all bars and restaurants. It would not prohibit smoking in private clubs or homes, except homes used for daycare or healthcare facilities. Retail tobacco shops and some hotels rooms would also not be included. If you would like more information about the proposed ordinances, please feel free to call City Hall and ask me. My direct line is 283-8224. Copies of the ordinances will be availabl~ by April 12 on the City's web site at www.ci.kenai.ak.us -- click on "City Council, then "Next City Council Agenda." We can also fax copies to you or you can stop by City Hall to pick up a copy. ' The City Council welcomes your input on these proposals. You can testify at the public heating on April 16, 2003, send your comments via e-mail to the City Clerk (cfreas~ci.kenai.ak.us) or contact individual Council Members. The City of Kenai values your opinion. Please let us know what you think. CITY OF KENAI City Attorney Suggested by: Administratio: City of Kenai ORDIN~CE NO. :2000-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $50,000 IN THE COUNCIL ON AGING - TITLE III FUND FOR THE PURCHASE OF FOOD. WHEREAS, revenue from meal donations is greater than anticipated; and, WHEREAS, additional funds are needed to purchase food for the Senior Citizen Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Council on Aging- Title III Fund Increase Estimated Revenues: Meal Donations $50.000 · Increase Appropriations: Congregate Meals- Operating Supplies Home Meals- Operating Supplies 40,000 10,000 $50,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of April, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (03/27/2003) hl Introduced: Adopted: Effective: April 2, 2003 April 16, 2003 April 16, 2003 Date of Notice: 3/21/03 * Correction State of Alaska Alcoholic Beverage Control Board Application Type: NEW X Goveming Body: City of Kenai Community Councils: None License #' License Type: D.B.A.*' Licensee/Applicant: Officers: 1859 *'Beverage Dispensary Tourism Uptown Motel/Louie's Schilling Alaska Inc. David Schilling, Pres., Tres & Secrl Physical Location: Mail Address: Telephone #' EIN: 47 Spur View Dr. 47 Spur View Dr. Kenai AK 99611 (907) 283-3660 92-0121795 If transfer application, current license information: License #: Current D.B.A.' Current Licensee: Current Location: 1859 Uptown Motel/Louie's Schilling Alaska Inc. 47 Spur View Drive TRANSFER Ownership Location Name Change **D.O.B. 6/30/68 Additional comments' Stock Transfer. **Date of Birth * 'Doing Business As App Notice (9-2001 ) Cc: Kenai Peninsula Borough KENAI PENINSULA BOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA ° 99669-7599 BUSINESS (907) 262-8608 FAX (907) 262-8615 EMAIL: assemblyclerk@borough.kenai.ak.us April 3, 2003 Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 LINDA MURPHY, MMC BOROUGH CLERK Re: Beverage Dispensary Tourism Transfer - Uptown Motel/Louie's Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough has no objection to the transfer of the following liquor license, located within the City of Kenai, Alaska: Uptown Motel / Louie's - Schilling Alaska, Inc. - Stock Transfer The Kenai Peninsula Borough Finance Departmem has reviewed this file and has raised no objection based on unpaid or delinquent taxes. If you should have any questions, please feel free to contact me. Sincerely, ~~Linda//~'O'~f'J~S' Murphy, MI~ Borough Clerk CC: Applicant City of Kenai KPB Finance Departmem File S:\WP~ATA~CB~Abc-letters\TransfesStmmfer in city - stock.wpd Date of Notice' 3/19/03 State of Alaska Alcoholic Beverage Control Board Application Type: NEW X Governing Body: City of Kenai Community Councils: None License #: License Type: D.B.A.*: Licensee/Applicant: Officers: 2237 Beverage Dispensary Uptown Motel/Back Door Lounge Schilling Alaska Inc. · David Schilling, Pres., Tres & Sect. Physical Location: Mail Address' Telephone #: EIN: 47 Spur View Dr. 47 Spur View Dr. Kenai AK 99611 (907) 283-3660 92-0121795 If transfer application, current license information: License #: Current D.B.A.: Current Licensee: Current Location: 2237 Uptown Motel/Back Door Lounge Schilling Alaska Inc. 47 Spur View Drive TRANSFER X Ownership Location Name Change **D.O.B. ~. 6/30/68 Additional comments' Stock Transfer. **Date of Birth * Doing Business As App Notice (9-2001 ) Cc: Kenai Peninsula Borough KENAI PENINSULA BOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA . 99669-7599 BUSINESS (907) 262-8608 FAX (907) 262-8615 EMAIL: assemblyclerk@borough.kenai.ak.us April 3, 2O03 LINDA MURPHY, MMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 Re: Beverage Dispensary Tourism Transfer- Uptown Motel/Back Door Lounge Dear Ms. Holland-Williams' Please be advised that the Kenai Peninsula Borough has no objection to the transfer of the following liquor license, located within the City of Kenai, Alaska: Uptown Motel / Back Door Lounge - Schilling Alaska, Inc. - Stock Transfer The Kenai Peninsula Borough Finance Departmem has reviewed this file and has raised no objection based on unpaid or delinquent taxes. If you should have any questions, please feel free to contact me. Sincerely, Linda S. Murphy, MMC Borough Clerk CC° ~ Applicant City of Kenai KPB Finance Departmem File S:\WPWIN~ATALS, BCBLa, bc-letters\Transfer\transfer in city - stock.wpd STATE OF ALASKA · · ALCOIIOLIC BEVERAGE CONTROL BOARD '-' APPLICATION FOR RESTAURANT DESI~ERMrr- AS 04.16.049 & 15 AAC 104,715-794 ' ---"/ ~/ FEE: $50.00 -"~ vl .... The granting of this permit allo~.vs access of persons undeqr 21 years of age to designated licensed premises tbr purposes of dining, and and persons under the age of 19 tbr employment. If tbr employment, please state in detail, how the person will be employed, duties, etc. (15 AAC 104.745). This application is for designation of premises where' 1 2 3 4 (please mark appropriate items). X Under AS 04.16.010(e) Bona fide restaurant/eating place. X Persons between 16 & 21 may dine unaccompanied. X Persons under 16 nmy dine accompanied by a person 21 years or older. X Persons between 16 and 19 years may be employed. (See note below). LICENSEE: Schilling Alaska, Inc. D~/A: Uptown Motel/Louie' s . ADDRESS: 47 Spur View Drr Kenai, AK 1. Hours of Operation: 2. 99611 5' 300m to 1 1 '00r~m . Telephone # 283-3060 Have police ever been Called to your premises by you or anyohe else for any reason: [X] Yes [ ] No If yes, date(s) and explan,?tion(s)..' ,-. per~y r~ner~ complaints in hotel ,, 3. Duties of employment: maid: ' clarical Are video games available to the public on your premises? NO 5. Do you provide entertainment: [ ] Yes [X] No , ,, 6. How is food served? X Table Service If yes, describe. Buffet Service Counter Service Other* .Is the owner, manager, or assistant manager always present during business hours? [X] Yes [ ] No *** ,A MENU AND A DETAILED LICENSED PREMISES DI/~,G~ MUST ACCOMPANY THIS APPLICATION , see attach_~d . . o This permit remains in effect until the liquor license is transferred OR at the discretion of the Alcoholic Beverage Control Board. (15 AAC 104.795) I certify that I have read AS 04.16.049, AS 04.16.060, 15 AAC 104.715-795 and have instructed my employees about provisions contained therein. Application approved (15 AAC 1~4.725(e) Governing Body Official Date: Subscribed .and sworn to before meJhis ,~zT_~,.~ day of Cq'~ ~ Notary Public in and for Alaska My Commission expires ~'//~/~~' Director, ABC Board Date: NOTE: AS 04.16.049(c) requires that written parental consent and an exemption by tiao Department of Labor must be provided to the licensee by the employee who is under 19 years of age. Persons 19 and 20 years of age are not required to have the consent or exemption. * Describe how food is served on back of form. STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD .. APPLICATION FOR RESTAURANT DESIGNATION PERMIT -A..~ 04.16.049 & 15 A~.C 104.715,794 The granting of this permit allows access of persons under 21 years of age to designated licensed premises for purposes of dining, and and persons under the age of 19 for employment. If for employment, please state in detail, how the person will be employed, duties, etc. (15 AAC 104.745). This application is for designation of premises where' (please mark appropriate items). 1 w Under AS 04.16.010(c) Bona fide restaurant/eating place. 2 X Persons between 16 & 21 may dine unaccompanied. 3 Y2 Persons under 16 may dine accompanied by a person 21 years or older. 4 _x,2_Persons between 16 and 19 years may be employed. (See note below). LICENSEE: Schilling, Alaska, Inc. D~/A: ,Uptown Motel/BackDoor Loung~ ADDRESS: 47 Spur View Drive, Kenai t AK 99611 1. Hours of Operation: 5 - qO~m to 1 1:001:an Telephone # ?slq_qg60 2. Have police ever been called toj~6m- premises by you or anyone else for any reason: Ix ] ¥~s - [ ] No If yes, date(s) and explanation(s ). Duties of employment: m~q,q ~--,,q-~, clerical ........... · No .... Are video games available to the public on your premises? Do you provide entertainment: [ ] Yes [K~ No If yes, describe. 6. How is food served? X Table Service Buffet Service Counter Service Other* 7. .Is the owner, manager, or assistant manager always present during business hours? IX ] Yes [ ] No *** ? MENU AND A DETAILED LICENSED PREMISES DIAGRAM MUST ACCOMPANY THIS APPLICATION . This permit remains in effect until the liquor license is transferred OR at the discretion of the Alcoholic Beverage Control Board. (15 AAC 104.795) I certify that I have read AS 04.16.049, AS 04.16.060, 15 AAC 104.715-795 and have instructed my employees about provisions contained therein. Application approved (15 AAC 104.725(e) Governing Body Official Date: David Schilling, Pros.t, Subscribed and sworn to before ' Notary Public in and for Alaska My Commission expires Director, ABC Board Date: NOTE: AS 04.16.049(c) requires that written parental consent and an exemption by the Department of Labor must be provided to the licensee by the employee who is under 19 years of age. Persons 19 and 20 years of age are not required to have the consent or exemption. Describe how food is served on back of form. COUNCIL ON AGING APRIL 3, 2003 KENAI SENIOR CENTER 10:00 A.M. ./ AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES-March 6, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD - None ITEM 5: OLD BUSINESS Discussion -- SCSEP Program (Title V) ITEM 6-. NEW BUSINESS Discussion-- BudEet Board Dinner -- April 30, 2003 at 6:00 p.m. ITEM 7: REPORTS Council on Aging Chair Director Council Liaison ITEM 8: 0UESTIONS/~ COMMENTS ITEM 9: INFORMATION Council Action Agendas of March 5 and March 19, 2003. Not~: Next meeting date is May 1, 2003 at 10:00 a.m. ITEM 10: ADJOURNMENT COUNCIL ON AGING APRIL 3, 2003 KENAI SENIOR CENTER 10:00 A.M. CHAIRMAN RICHARD JURGENSEN, PRESIDING MINUTES ITEM 1: CALL TO ORDER/l~ ROLL CALL Chairman Jurgensen called the meeting to order at 10'00 a.m. Members Present: Members Absent: Others Present: Hollier, Jones, Jurgensen, Osborn, Harris, Wilson Huddleston, Kuntzman Councilwoman Swamer, Director Craig, Contract Secretary Roper ITEM 2: AGENDA APPROVAL There were no additions and/or corrections; the agenda was approved as presented. ITEM 3: APPROVAL OF MINUTES- February 6, and March 6, 2003 There were no corrections and/or additions noted, the minutes of February 6, 2003 were approved as written. It was noted there was no quorum for the March 6, 2003 meeting. ITEM 4: PERSONS SCHEDULED TO BE HEARD - None ITEM 5: OLD BUSINESS Discussion -- SCSEP Program {Title V) Craig reported she would not be submitting a grant for Title V funds, as the employees who were under the program will be included in the Senior Center budget. Craig added, the Title V grant money is used for training and although the funds are still available she chooses to keep the current employees rather than train someone new. Craig reported she is going to begin electronically billing Medicaid on a weekly basis. Craig added, she met with a representative from Medicaid regarding the current billing rate and it will be renegotiated. An increase in the rate would be most helpful if the State cuts are initiated. If the increase is provided, then the Senior Center budget will be revised. 'Craig noted, the additional funds would keep the current food program in place plus would possibly provide another part-time employee or additional kitchen equipment. Craig reported there is an Older Worker Specialist on the Peninsula that will be marketing other businesses in the area for older person employment. ITEM 6: NEW BUSINESS Discussion-- Budget Craig reported there would be a work session on Monday, April 7th to begin discussion on the City's budget. Craig continued, the Senior Center budget would look much better if the increase from Medicaid is obtained. Craig stated, if the Borough comes through with additional funds, then the activities coordinator position could be kept at 30 hours per week. Discussion took place on attending budget work sessions for both the Borough and the City. Craig stated, when she meets with United Way she would like a Council on Aging member with her. Craig stated, the application is in for the Exxon/Mobile grant that provides a summer employee. This year the grant requires a high school or college student. This position takes care of the garden, COUNCIL ON AGING MEETING APRIL 3, 2003 PAGE 2 flowers, and general yard work as well as assists with meals and kitchen clean up. Board Dinner -- April 30, 2003 at 6'00 p.m. The board dinner is scheduled for April 30 at 6'00 p.m. The dinner will be held at the Kenai Senior Center and invitations will be sent out. Craig indicated RSVP's would be requested. ITEM 7: REPORTS 7-a. Council on Aging Chair -- Chair Jurgensen stated he was surprised at how many senior citizens were looking for assisted living situations and thought the word needs to get out to let people know there is a real need. 7-b. Director -- Craig reported she is 'looking for insurance options for the Senior Connections program and is unable to do much more with it until the insurance is in place. However, resumes for the program director have been received. 7-c. Council Liaison -- Councilwoman Swamer reported the following- · A new council member was not appointed at the April 2nd meeting due to a deadlock in voting. The Council will vote again at their April 16th meeting. · Budget work sessions are scheduled for April 7th, 10th, and 15m. · She will be.in Juneau for the Alaska Municipal League meetings on April 23 and 24. · April 25th is the Volunteer Reception to be held from 6'00 to 8'00 p.m. · The City Council approved a ten percent increase to water rates and a 12% increase for sewer. Dock and parking fees were also increased. COUNCIL ON AGING MEETING APRIL 3, 2003 PAGE 3 · She is the new Food Bank Executive Director. A farewell to Peggy Moore and welcome to Swarner reception is scheduled for April 6th. · She will not be at the May meeting, as she will be traveling, however, it is her intent to continue being the liaison upon her return. · The United Way presentation is scheduled for May 1 ~t, the date of the next meeting. Discussion ensued regarding an alternate date. MOTION: Member Harris MOVED to recommend the membership change the Council on Aging meeting date to May 8, 2003 at 10'00 a.m. Member Osbom SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: QUESTIONS/~ COMMENTS - None ITEM 9: INFORMATION Council Action Agendas of March 5 and March 19, 2003. Note: Next meeting date is May 1, 2003 at 10'00 a.m. ITEM 10: ADJOURNMENT The meeting adjourned at 10:38 a.m. Respectfully submitted, Barbara Roper, Contract Secretary COUNCIL ON AGING MEETING APRIL 3, 2003 PAGE 4 KENAI AIRPORT COMMISSION APRIL 10, 2003 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1- CALL TO ORDER AND ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- February 13 and March 13, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Kristine Schmidt ITEM 5: OLD BUSINESS Discussion - Airport Noise ITEM 6: NEW BUSINESS ITEM 7: REPORT Commission Chair Airport Manager City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9' PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS be Kenai City Council Meeting Action Agendas for February 19, March 5, March 19th, and April 2, 2003. Airport Manager's Monthly Report- March 12, 2003 2003 Monthly Enplanements ITEM 11' ADJOURNMENT KENAI AIRPORT COMMISSION APRIL 10, 2003 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MINUTES ITEM 1: CALL TO ORDER AND ROLL CALL Chairman Knackstedt called the meeting to order at 7:05 p.m. Members Present: Bielefeld, Knackstedt, Watkins Members Absent: Holloway, VanZee, Haralson Others Present: Actin§ Airport Maria§er Hicks, Contract Secretary Roper Chairman Knackstedt canceled the meeting as a quorum was not established. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- February 13 and March 13, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Kristine Schmidt ITEM 5: OLD BUSINESS Discussion - Airport Noise ITEM 6: NEW BUSINESS ITEM 7: REPORT ao Commission Chair Airport Manager City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND (~UESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS ae be Kenai City Council Meeting Action Agendas for February 19, March 5, March 19th, and April 2, 2003. Airport Manager's Monthly Report - March 12, 2003 2003 Monthly Enplanements ITEM 11: ADJOURNMENT Respectfully submitted, Barbara Roper, Contract Secretary Carol Freas From' Carrie J. Kleidon [coyofak@ptialaska.net] Sent: Wednesday, April 09, 2003 1 '10 PM To: Carol Freas Subject: Resignation Please accept my apology for taking so long to get this to you. The hard drive on my old computer got corrupted and rendered it unusable, then it took'awhile to get hooked-up to the internet and get my e-mail account straightened out. Again, I apologize. I regret to inform you that due to schedule conflicts with my work at the AFSS, I must resign as a commissioner On the Airport Advisory Commission. I greatly enjoyed the time I was able to work with the other members and what small service I may have contributed to serving the city of Kenai. i am a firm believer in community service and will strive to fine other avenues where my talents and expertise may benefit our growing community. Thank you for allowing me the opportunities in the past, and I look forward to future projects. Sincerely, Carrie J. Kleidon 4/9/2003 . CITY OF KENAI "Village with a past -- City with a future. BACKGROUND AND CANDIDATES FOR APPOIN?MEN'I~ COMm~F~"~D~ COMMISSIONf .'. ~"..~t DATE: 1/28/0.3 . .,,,.s~ 99611 Home Telephone No. 2.,62-7745 Business Telephone No 283-5700 ,,, Emafl Address: oversaw@ak.net NAME: Charles' (Chip) Versaw Resident of the City of Kenai? No How long? Residence Address /.8~8§ Patsy Court, Soldotna, AK ~66~ Mailing Address 20~ North ~illo~ #~, Kens±, AK Home Fax No. Business Fax No. 28~-5799 Alaska Flying Network EMPLOYE~ Chantel Versaw NAME OF SPOUSE: Job Title 0wrier Current membe.r~htP ~. organization~: ' Kenai C~amber o£ Commerce, Aircraft Owners an~"~Pilots Association (AOPA National Association of Flight Instructors (NAFI). .. ... Past organizational memberships: COMMITTEF~ OR COMMISSIONS IN WIHCH YOU ARE INTERESTED: Kenai Airport Commission . ~ , WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? As an operator and .Busine.s~ owner here at the Kenai Airport, I would like to become "~ ...L - ~orel in~o.t-v~d ,.~n~/c ~S~iS:t..'in~ -fu%~re~'alr~ort. i'-devel'~pment. WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSIHP? I have been a Kenai business owner here at the Kenai Airport for the past five years and for fourteen years been active in aviation. , )If chosen, I would be available for this position the beginning of April 2003. Signature Ch'arles (Chip) Versaw CITY OF KENAI "Village with a pttst - Ci0, with BACKGROUND AND PERSONAL DATA- CANDIDATES FOR DATE: Resident of the City.of lr~nat? ' Residence Address Home Fax No. ~P Business Fax No. ~t,wV --~-I~-~'- (~ ct-ut ~...~ EMPLOYEI~ ~ NAME OF SPOUSE: How lon~? ~)f'i V e__, .~ ~,~; Home Telephone No. ~/) ?'--'~'-,~'~ :-_~-'~-~j~ Business Telephone No ,-'; .. Email Address: .C/~,.. ~" - ' ' Current membership in or~antzatton~: Put. organizational memberships: COMMITTEES OR COMMISSIONS IN Wa/CH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? . . WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, com sSlO, oe coman z a esen- ~4, :,, {-e. r-~,.-"¥-' ~o,,,..,,- a ~, ~ o r ,',, ':,, '--1 ?~ ~, -'-%._ ' . BACKGRO~ ~ P~ON~ DATA - C~~AT~ FOR ~PO~~T'~E~ CO~SSION~ ~: _u~~._ ~ ......- . ..., '..;/'~,'" DA~: ~sident of ~e Cl~ of ~~9 no .... H~ 1o~9 ,, , 43645 Spores Lake Road, Soldotna, ~as~ 99669 ~stdence Ad~~ .... P.0. Box 2773 Kenai, ~aska 99611 Home Telephone No. (907) 262-7785 ~ Ad~~ ' Home F~ No. Business Telephone No Business F~ N~. ('9~7) 283-4391 Emil Ad.ss: sean.o'neal~[aa.gov . E~O~~ Federal Aviation Administration Job ~e Quality Assurance NAME OF SPOUSE: Susan 0'Neal Curr~nt membership in or~s~.~ttons: Aircraft Owners and Pilots Association, Alaska Flying Network · ~t ~l'~lltl~t.t~llsl:l~O~~:~lltl~8: National A~q~aoc~tation of A'Ir Traffic Controllers ~O~ OR CO~MI~SIONS IN WHICH YOU AI~ INTERF~TED: Kenai Airport Commis. sion WHY DO YOU WANT TO BE INVOLVED WITH TI~S CO~SSION OR CO~alTTEE? I have always had a love of aviation. I pursued my current career path and became a private pilot based on a passion for aviation. Because of my association with the Federal Aviation AdministratiDn (FAA), I have always been limiited to the extent I could participate in the local aviation community. Serving on the airport commission would'provide me the opportunity to be active in my local community in an area in which I have great passion. I hope to be a positive., contributor to the Kenai Airport Commission. WHAT BACKGROUND, I~:'i~~CE, OR CI~DE~S DO YOU POSSESS TO BRING TO THE BOARD, COMMI881ON OR COMMITTEE MEMB~ I am a college graduate, private pilot, and Federal employee with over twelve years of Air Traffic Control (ATC) experience. I held numerous offices in college and currently have" experience serving on six FAA committies... Since moving to Alaska in 1996, I have served the FAA as an Equal Opportunity (EEO) Councilor and Aviation Education Councilor exposing local school children to career opportunities in aviation. I am enthusiastic and motivated to contribute my qxperiences to future · decisions ~~ Kenai Airport Commission Signature / · . - .... P.O. Box 2773 Phone (907) 283-3735 Kenai, Alaska 99611- Fax (907) 283-4391 2773 E-mail Sean.O'Neal@faa.gov Michael Sean O'Neal Objective Education Professional experience Professional memberships To obtain a position on the Kenai Airport Commission. · 1986 - 1989 Durham, NC North Carolina Central University BS Geography Concentration Cartography (Magna Cum Laude) · Extensive courses in meteorology and earth sciences. 1988 - present Federal Aviation Administration Al'CS · Current Support Specialist for Quality Assurance. · EEO Councilor. · Aviation Education Councilor · Active member of local aviation community. · .ParticiPated in numemus''' COmmittees and representing NAATS and FAA management. workgmups · Experience as a NAATS Fac-rap and Assistant Fac-rep. · Seven years joumeyman FPL. Aircraft Owners and Pilots Association Alaska Flying Network Interests and activities Pdvate Pilot Sports Traveling/Camping J FII~I l~ ' ~ 1~: 5GPM CTTY OF KEMRI 90? 283 9014 P. 1/1 CITY OF KENAi BACKGROUND ~ ~ONAL DATA- ~IDAT~ la~Olt APPO~ COMMI~ ~ CO~SIONS Resident of the City of Kenai? Residence / Bu~ess F~ No. , r / -/ , Past orLqudzatio~ membersbipf;; t. ! co e OR ,MM~mno,~s m winch Yp, u ARB WHY DO YOU WANT TO~,~B~ INVOLVED WITH THIS COMMISBXON OR · _ __ mi ._ WHAT R&CEOnOUnD, ~C~, OR Ca~DEm~LS DO YOU POSSESS TO BR~G ~0 .- mm .- i m i i i lmlm ATTACHMENT Question' Why would I like to be apart of the Kenai Municipal Airport Commission? Answer: From a professional aspect I have been an Air Traffic' Controller for eight years and currently hold a private pilot certificate. I am an active member in the Alaskan aviation community, and have formed a solid relationship with user groups on the Kenai Peninsula. Through the Alaska Flying Network, I have volunteered my time in teaching student pilots the meteorological aspects of aviation'as well as other services provided by the Kenai Automated Flight Service Station. With my background in the aviation industry I feel that I could be an asset to this committee. I believe this would be an excellent oppomtnity to serve my commtmity and enhance my knowledge in the field of aviation. I would like to have the oppommity to participate in the ongoing development of the Kenai MUnicipal Airport. Thank you for your time and consideration. .. Randolph M. Stiedl P.O. Box 1842 Kenai, Alaska 99611 City of Kenai 210 Fidalgo Ave. Suite 200 Kenai, Alaska 99611-7794 Attention: City Clerk To Whom It May Concern: -Subject: Kenai Airport Commission I am interested in applying for FAA Representative Chair available on the Kenai Airport Advisory Board Committee. I can be relied upon to demonstrate my professional expertise in my knowledge with the FAA as well as being a local pilot. I've volunteered my time and have developed positive worldng relationship with local student pilots associated with the Alaska Flying Network. I enjoy the interaction I have with the flying community. I look forward to the opportunity to serve the committee and the community. Please consider my petition to serve as the FAA Representafiw on the Kenai Airport Advisory Board. Ii'you have any questions, please contact me at (907) 776-5479. Sincerely, Randolph M. Stiedl Air Tmftie Control Specialist Kenai AFSS KENAI HARBOR COMMISSION MEETING APRIL 7, 2003 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER 1~ ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES - February 10, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS Discussion -- Dip Net Parking and Boat Launch Fee Increase Discussion-- Kenai Harbor Rate Schedule ITEM 7: REPORTS a. Director b. Dock Foreman c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS/OUESTIONS ITEM 9: INFORMATION Kenai City Council Action Agendas of February 5 and February 19, 2003. Kenai City Council Action Agendas of March 5 and March 19, 2003 ITEM 10: ADJOURNMENT KENAI HARBOR COMMISSION MEETING APRIL 7, 2003 ~ITY CLZRK'S' CONFZi:tENCE ROOl~ 7:00 P.M. VICE-CHAIR BARRY ELDRIDGE, PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Vice-Chair Eldridge called the meeting to order at 7:00 p.m. Members Present: Eldridge, Higley, Foster, Barrett, Simon, Spracher Members Absent: Thompson Others Present: Public Works Director Komehs, Contract Secretary Roper ITEM 2: AGENDA APPROVAL MOTION: Commissioner Spracher MOVED to approve the agenda. Commissioner Foster SECONDED the motion. There were no additions and the agenda was approved as presented. ITEM 3' APPROVAL OF MINUTES - February 10, 2003 MOTION: Commissioner Barrett MOVED to approve the minutes of February 10, 2003. Commissioner Foster SECONDED the motion. There were no objections and/or additions and the minutes of February 10, 2003 were approved as written. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM $: OLD BUSINESS-- None ITEM 6: NEW BUSINESS Discussion -- Dip Net Parking and Boat Launch Fee Increase Komelis reported the increase of dip net parking and boat launch fees were approved by City Council at their April 2, 2003 meeting. Komelis reported, next year's budget calls for a shorter season at the boat launch. It will open May 1 through August 31. Discussion ensued regarding when the launch would be open this year. Komelis reported, it is already being used but other services such as water, fuel, etc., are not available yet. Full services won't be provided until late April, early May. Komelis noted, anyone wishing to use the boat ramp could call the City and ask for someone to unlock the gate. Commissioner Simon suggested the general public be advised of the rate increases so there wouldn't be any surprises this summer. Komelis answered, public service announcements would go out. Discussion ensued regarding other methods of notification to include the City and Visitor Center newsletters. Komelis reported the seasonal rate has also been increased from $50.00 to $100.00. Discussion ,- Kenai Harbor Rate Schedule After discussion of the harbor rate schedule, the Commission determined the tie-up .fees for the skiffs tied to the land side of the concrete dock, the seasonal passes per boat and the boats tied to the buoys in the river should be increased. MOTION: Commissioner Barrett MOVED to increase the tie-up fees for the skiffs tied to the land side of the concrete dock to $7.00 per day; seasonal passes per boat to $150.00 and boats tied to buoys in the fiver to $10.00 per day. Commissioner Spracher SECONDED the motion. There were no objections. 'SO ORDERED. Discussion took place on camping at the beach and dock area during dip net season. Komelis Stated the issue was discussed previously and the City probably would not want to compete with other RV parks in the area. Komelis also pointed out the City already has camping available at the ball fields. ITEM 7: REPORTS 7-a. Director -- Director Komelis reported the bids for new leases at the dock will be opened on April 10, 2003 at 2:00 p.m. The minimum bid is $12,500 and Komelis expected only one bidder. The lease would be awarded at the April 16th Council meeting. 7-bo Dock Foreman -- No report. City Council Liaison -- No report. ITEM 8: COMMISSIONER COMMENTS/OUESTIONS Vice-Chair Eldridge welcomed new Commissioner Donna Higley. Commissioner Higley gave a brief introduction of herself. Eldridge asked about the status of the coastal trail and Komelis reported work is continuing. Fish & Game was hired to perform a fish study and that work is being HARBOR COMMISSION MEETING APRIL 7, 2003 PAGE 2 conducted at this time. Eldridge asked for a detailed report at the next meeting. Komelis replied, the City Manager is in contact with the Corps and he will attempt to have some information at the next meeting. Commissioner Barrett also welcomed Commissioner Higley and informed her she would be the new keeper of the scrapbook, a chore passed on to all new Commissioners. ITEM 9: INFORMATION 9-[[. Kenai City Council Action Agendas of February 5 and February 19, 2003. Kenai City Council Action Agendas of March 5 and March 19, 2003 ITEM 10' ADJOURNMENT The meeting adjourned at'7' 10 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary HARBOR COMMISSION MEETING APRIL 7, 2003 PAGE 3 KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM APRIL 1, 2003 6:00 P.M. AGENDA ITEM 1: ,, ITEM 2' ,,, ITEM 3' ITEM 4: ,,. ITEM 5: .. ITEM 6: ITEM 7: ITEM 8: ITEM 9: a, ITEM 10: CALL TO ORDER/h ROLL, CALL AGENDA APPROVAL APPROVAL OF MINUTES-- March 4, 2003 PRRSONS SCHEDULED TO BE HEARD.. REPORTS,. Director Friends of the Library City Council Liaison OLD BUSINESS NEW BUSINESS COMMISSIONER COMMENTS/(~UESTIONS INFORMATION Kenai City Council Action Agendas of March 5, 2003. ADJOURNMENT KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM APRIL 1, 2003 6:00 P.M. CHAIR EMILY DEFOREST, PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Chairperson DeForest called the meeting to order at 6'00 p.m. Members Present: Heus, DeForest, Brown, Rodes, Coon, Peters, Brenckle Others Present: Councilman Moore, Librarian Ewa Jankowska, Contract Secretary Roper ITEM 2: AGENDA APPROVAL There were no additions and/or corrections, the agenda was approved as presented. ITEM 3: APPROVAL OF MINUTES -- March 4, 2003 Commissioner Heus, referring to Item 8, first paragraph, stated she did not remember making the statement that someone from the Homer Foundation should be invited to a meeting. Roper will verify the statement by listening to the tape and will advise. There were no other comments; the minutes were approved as written. ITEM 4: PERSONS SCHEDULED TO BE HEARD - None ITEM 5: REPORTS 5-a. Director -- Jankowska provided a statistical report and noted there was a 10% increase in circulation from last month. Jankowska also reported the following: · Cindy Galic attended the Melinda Gates Foundation training in Anchorage as a grant requirement and reported it was very informative. Another training session will be held in the fall and it would be decided later who will attend. The Gates Foundation recommended the city organize an open house in the fall in order to show the workstations that come completely outfitted. The server will only be used as a content server because there are so many other databases. · Corey Hall and Jankowska attended the Alaska Library Association meeting in Juneau. Jankowska visited Senator Wagoner's office to ask for support of the Database for Alaskans. Senator Wagoner had very little time to spare. Jankowska explained southeast Alaska, Fairbanks Anchorage, and the Universities are on the same cataloging system and it is desirable to have more cities signed on. This would make it convenient for the public, as they would have the capability of searching for items in other libraries. Kenai should consider implementing this soon while the system is still in place. Jankowska will provide more information at a later date. · Additional budget cuts and an impact statement were provided to the . Finance Director and it still looks very grim. · Conoco/Phillips provided a grant to assist with the kick-off of the National Turn-Off TV Week program. A function will be held on April 21,t at the library and will include a potluck, bingo, other games and storyteller Carol Ford will perform. · Linda McNair is going on worker's compensation leave due to surgery on both hands. · April 24t~ is the library Volunteer Party and this will be followed by a city- wide volunteer reception on April 25th. Discussion took place on the budget, the loss of two employees and closing the library for two days. Various schedule options were discussed. It was suggested, perhaps volunteers could be utilized to cover for those employees that will be lost. Jankowska pointed out it would be most difficult to rely on an untrained volunteer to perform the more technical aspects of the library. Jankowska also pointed out it was also difficult to even get a volunteer for one hour for reading. When asked how much the local students utilize the library, Coon reported there were several as the school library hours are inconsistent. Coon added, most students visit the library after school rather than on weekends. 5-b. Friends of the Library-- Commissioner Heus ,reported the following: · Writer's night was not very well attended and income was half of what it normally brings. The program is a good public relations venue, but consideration will be given to discontinuing it. · The mission and vision statements were reviewed. 5-c. City Council Liaison -- Councilman Moore reported the following: · City Council will make their selection of the new council member at the April 2~d meeting. Also discussed will be the proposed water and sewer rate increases. · The budget work continues. · The Borough Assembly will be deciding on the purchase of some properW in Soldoma for a new emergency operations center. The City had invited the Borough Assembly and others in the community to lunch and a tour of the emergency operations center located in the Aircraft Fire Training facility with hopes the building would be considered rather than constructing a new one. The function was not well attended with only one person showing up from the Assembly, so all indication is the land purchase would be approved. Moore added, the City facility was not a desirable location as it was too close to the airport. · A budget work session and a meeting with the Boys & Girls Club is scheduled for Monday, April 7th in Council Chambers. · A joint meeting with the Airport Commission is scheduled to discuss security issues. · Jack Brown will be at the April 2nd meeting to discuss the Arctic Winter Games. Rodes asked if it was an emergency the new water well is provided. Moore replied, it is LIBRARY COMMISSION MEETING APRIL 1, 2003 PAGE 2 not, however, the water level is low in the summer and the new standards may affect the quality. Councilman Moore left at 6:40 p.m. ITEM 6: OLD BUSINESS- None ITEM 7: NEW BUSINESS - None ITEM 8: COMMISSIONER COMMENTS/QUESTIONS Librarian Jankowska stated, although the budget looks grim, at this time no one knows what is going to happen; this might be just temporary. Jankowska added, the City really needs people like the Commissioners and those in the community to make sure this isn't a permanent solution. Jankowska continued, it's important to keep the quality of service up and it may take looking to other areas for assistance. ITEM 9' INFORMATION Kenai City Council Action Agendas of March 5 and 19, 2003. ITEM 10: ADJOURNMENT The meeting adjourned at 7' 10 p.m. Minutes recorded and transcribed by: Barbara L. Roper, Contract Secretary LIBRARY COMMISSION MEETING APRIL 1, 2003 PAGE 3 KENAI PARKS/h RECREATION COMMISSION APRIL 3, 2003 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES- March 6, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS Discussion- BOys and Girls Club Proposal ITEM 7: REPORTS Commission Chair Director City Council Liaison ITEM 8: COMMISSION OUESTIONS/h COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION Notice of April 7, 2003 Work Session with Boys & Girls Club Council Action Agendas of March 5 and 19, 2003. Beautification Committee Meeting Minutes of March 11, 2003. ITEM 11: ADJOURNMENT KENAI PARKS/h RECREATION COMMISSION FEBRUARY 6, 2003 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR TIM WISNIEWSKI, PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Chairman Wisniewski called the meeting to order at 7'00 p.m. Members Present: Members Absent: Others Present: Baxter, Wisniewski, Castimore, Hultberg Gifford, Sandahl, Sterner Councilwoman Porter, Director Frates, City Manager Snow, Contract Secretary Roper, Michelle and Peter, Boys & Girls Club ITEM 2- AGENDA APPROVAL Commissioner Castimore requested the skateboard park asphalt project be added under old business. With no objections, the agenda was approved with the addition. ITEM 3: APPROVAL OF MINUTES- March 6, 2003 The minutes of March 6, 2003 were approved as written. ITEM 4: PERSONS SCHEDULED TO BE HEARD - None ITEM 5: OLD BUSINESS Discussion -- Skateboard Park Asphalt Project Commissioner Castimore asked about the status of the skateboard park asphalt project. Frates reported, the City is still waiting on approval from the FAA for the land. Discussion ensued regarding the appropriation of the Daubenspeck funds for the asphalt. Councilwoman Porter suggested the funds be requested now so they are in place when FAA gives approval for the land. Frates will begin the request process. ITEM 6' NEW BUSINESS Discussion-- Boys and Girls Club Proposal Frates pointed out a letter of intent from the Boys and Girls club regarding managing the Kenai Recreation Center was included in the packet. Frates added, representatives from the Boys and Girls Club were present to answer any questions regarding their proposal and hoped the meeting would be a positive sharing of information. Frates continued, if Council accepts the proposal, this would minimize the impact on services and the community. Frates stated the budget cuts would occur with or without the Boys.and Girls Club participation. Peter Micciche, the President of the Boys and Girls Club, stated the proposal was still in the infancy stages and will not be completed until after the meeting on April 7, 2003 with the City Council. Micciche added, the Boys and Girls Club have nothing to gain from taking over the teen recreational program but the community would benefit as many of the programs, including those for adults, would continue. Commissioner Hultberg asked if the City would refer to the department as just Parks. Frates replied, the City still has the multi-purpose facility as well'as the baseball fields so the department name would remain the same. Hultberg stated it seemed to be a done deal regardless of what the Commission had to say and wanted to know if other departments were taking any hits. Councilwoman Porter explained Council hadn't heard the Boys and Girls Club proposal so it is not a. done deal. Porter continued, there are major cuts in every department within the City and Council just received their copy of the budget at the April 2nd meeting. Discussion ensued regarding the type of services the Boys and Girls Club would continue if they were to take over the recreation center. Micciche reiterated, it is the intent of the Boys and Girls Club to continue as many of the programs as possible and pointed out they will only move their teen program to the center and the rest of the Boys and Girls Club programs will remain at their current location. Micciche added, the Boys and Girls Club is being put in a bad light with the talk of taking over the recreation center and the word needs to be put out that their efforts are to help the City. City Manager Snow explained the reasons for the budget cuts and also elaborated on Frates' job responsibilities should the Boys and Girls Club take over the recreation center. Discussion took place on the adult and senior citizens' use of the recreation center. Micciche explained those activities will continue and noted that Boys and Girls Clubs throughout the nation have such programs already in place. Jan Echemacht, an employee of the City's recreation center, expressed concern with the Boys and Girls Club taking over the recreation center and stated several of the teens utilizing the facility are against it and said they would no longer use it. Echemacht added, there are other ways to address the budget problems and suggested the City charge more for some of the services provided at the recreation center. Commissioner Baxter reported, he received phone calls from citizens indicating the Boys and Girls Club was too expensive. Micciche explained the Club's fee structure. PARKS & RECREATION COMMISSION MEETING APRIL 3, 2003 PAGE 2 With no other discussion, Chair Wisnieswki thanked the Boys and Girls Club for their participation in the meeting. ITEM 7: REPORTS 7-a. Commission Chair -- Wisniewski reported he learned paving of the Unity Trail should begin in June. Hultberg expressed concern with the utility vehicles parking on the bike path when they do repairs. 7-b. Director -- Director Frates provided the Commission with a copy of the DR Ice report that included the vandalism at the multi-purpose facility. Frates reported the following: · The Lions Club partnered with Conoco/Phillips for the City's clean up scheduled for May 3~d starting at 9'00 a.m. There will be cash prizes as well as a give- away of two bikes at the end of the day. The Lions Club will host a barbecue. Public service announcements will go out. · City Council approved $6,500 for new banners. · The time for the April 7th work session with the Boys and Girls Club was changed from 7:00 p.m. to 6:00 p.m. 7-c. City Council Liaison - Councilwoman Porter reported the following: · Council was unable to fill the Council vacancy at its April 2 meeting due to a deadlock in voting. Another vote will take place at their April 16th meeting. ITEM 8: COMMISSION (~UESTIONS/l~ COMMENTS Commission Hultberg again expressed his concern with the recreation center noting he is very passionate about what happens with it. ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD - None ITEM 10: INFORMATION 10-a. 10-b. 10-c. Notice of April 7, 2003 Work Session with Boys & Girls Club Council Action Agendas of March 5 and 19, 2003. Beautification Committee Minutes of March 11, 2003. ITEM 11: ADJOURNMENT The meeting adjourned at 8' 10 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary PARKS & RECREATION COMMISSION MEETING APRIL 3, 2003 PAGE 3 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS April 9, 2003 - 7:00 p.m. le CALL TO ORDER: a. Roll Call b. Agenda Approval c. 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. 2. *APPROVAL OF MINUTES' a. *March 26, 2003 3. SCHEDULED PUBLIC COMMENT' 4. CONSIDERATION OF PLATS' 5. PUBLIC HEARINGS' 6. OLD BUSINESS' 7. NEW BUSINESS: a. *PZ03-13~An application for a Home Occupation Permit for operating a nail salon at the property known as Lot 1, Warehouse Subdivision, 108 North Spruce Street, Kenai, Alaska. Application submitted by Rizalyn Arbelovsky, 108 North Spruce Street, Kenai, Alaska. b. Lease Application~Tract A, Gusty Subdivision No. 3~Submitted by James H. Doyle, P.O. Box 582, Kenai, AK 99611. Determine if lease complies with the zoning ordinance and comprehensive plan. 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning e. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS' a. Zoning Bulletin (3/10/03) b. KPB Plat Committee Report (3/24/03) c. Memo regarding KMC 14.20.220 (Signs) Amendment 13. COMMISSION COMMENTS & QUESTIONS' 14. ADJOURNMENT: NOTE' WORK SESSION I~MME~DZATEL.¥ FOLLOw~'N~ THE RE~UL. AR ME~"~N~ TO REVTEW PROPERT'J~E$ FOR POSSIBLE REZONE TO THE EDUCATION ZONE. CITY OF KENAI PLANNING ~k ZONING COMMISSION CITY COUNCIL CHAMBERS APRIL 9, 2003 - 7:00 P.M. CHAIR RON GOECKE, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Glick, Bryson, Goecke, Eldridge, Osborne, Amen Members Absent: Tunseth Others Present: Councilwoman Porter, City Planner Kebschull, Contract Secretary Roper X-bo AEenda Approval MOTION: Commissioner Eldridge MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the revised agenda and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- March 26, 2003 Approved by consent agenda. ITEM 3' SCHEDULED PUBLIC COMMENT-- None ITEM 4: CONSIDERATION OF PLATS-- None ITEM 5: PUBLIC HEARINGS-- None ITEM 6: OLD BUSINESS-- None ITEM 7: ,, NEW BUSINESS PZ03-13 - An application for a Home Occupation Permit for operating a nail salon at the property known as Lot 1, Warehouse Subdivision, 108 North Spruce Street, Kenai, Alaska. Application submitted by Rizalyn Arbelovsky, 108 North Spruce Street, Kenai, Alaska. Approved by consent agenda. 7-b, Lease Application- Tract A, Gusty Subdivision No. 3~Submitted by James H. Doyle, P.O. Box 582, Kenai, AK 99611. Determine if lease complies with the zoning ordinance and comprehensive plan. MOTION: Commissioner Bryson MOVED to approve the lease application submitted by James H. Doyle. Commissioner Eldridge SECONDED the motion. Staff had nothing additional. VOTE: Goecke Eldridge [ Tunseth Yes Anlen Yes Glick Absent Yes Osborne Yes Yes Yes Bryson MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS-- None ITEM 9' CODE ENFORCEMENT-- None ITEM 10: REPORTS 10-a. City Council- Councilwoman Porter reported budget work sessions are underway. The first meeting was held on April 7, 2003. City Council also met with the Parks and Recreation Commission and the Boys and Girls Club to discuss the proposal for the Boys and Gifts Club to partner with the City of Kenai to take over the teen program at the recreation center. Two additional budget work sessions are scheduled for April 14 and 15, 2003. 10-b. Borough Planning-- No report. 10-c. Administration-- Kebschull reported the following: PLANNING AND ZONING COMMISSION MEETING APRIL 9, 2003 PAGE 4 · Administration is requesting Title 4, Uniform Codes be amended to adopt the International Building Code. The amendment will require Title 14 to also be amended. It was noted this was considered an editorial change. She is working with Public Works and CH2M Hill on the Wastewater Master Plan. The goal is to have this included on the GIS system to allow for quicker and easier access to information during construction projects. · The Planning and Zoning Commission will have a public hearing at its next meeting on the Thompson Park encroachment issue. · Construction season is here so more variance requests, etc., will come before the Commission for consideration. ITEM 11: PERSONS PRESENT NOT SCI4~DUL~.D -- None ITEM 12: INFORMATION ITEMS 12-a. 12-b. 12-c. Zoning Bulletin (3/10/03) KPB Plat Committee Report (3 / 24 / 03) Memo regarding KMC 14.20.220 (Signs) Amendment ITEM 13: COMMISSION COMMENTS & QU_ESTIONS Commissioner Amen requested clarification on the consent agenda. Kebschull explained, items included on the consent agenda are considered non-controversial and Code allows them to be approved in that manner. Kebschull added, a Commissioner can move an item from the consent agenda at any time for discussion purposes. At that time, the issue is and considered in its normal sequence on the agenda as part of the General Orders. Councilwoman Porter asked if the applicant for the home occupation application had all the proper paperwork in place. Kebschull replied, the building permit would not be issued until all required documents are received. ITEM 14: ADJOURNMENT The meeting adjourned at 7' 12 p.m. Minutes recorded and transcribed by: Barbara L. Roper, Contract Secretary PLANNING AND ZONING COMMISSION MEETING APRIL 9, 2003 PAGE 5 PLANNING ~ ZONING COMMISSION APRIL 9, 2003 WORK SF~SION NOTES Review of properties for possible rezone to the Education Zone. Kebschull provided an overview of the reason for an Educational Zone and drew attention to the list of properties affected. A map of the area was also included in the packet. The following items were discussed: It was noted no private properties were involved. · Councilwoman Porter asked if the new Juvenile Detention Center intended to have a school on premises. Kebschull replied, there is no indication that there would be, however, it is in a permitted zone. · Commissioner Bryson stated it was appropriate that the properties listed be included in the new Education Zone. · Commissioner Eldridge asked about the ten-acre parcel behind Mt. View School. Kebschu11 reported the school district intends to utilize the parcel in the future for educational purposes. · Chairman Goecke stated he was pleased to see that all educational institutions were included in the zone. Kebschull added, it would simplify things when building and/or renovations are required. Commissioner Amen asked if the lots below Section 2 would impede extension of Swires in the furore. Kebschull replied it would not. Bryson added, this does not affect the fight-of-ways. · Commissioner Goecke asked if all the church schools were included in the Educational Zone. Kebschull replied, she is not aware of any church schools in the area and there are no permits for any. The Commission recommended Administration go ahead with scheduling a public hearing for the Educational Zone. Kebschull will consult with the City Attorney to determine if all property owners within 300' of the zones need to be notified. Work session ended at 7:30 p.m. Respectfully submitted, Barbara Roper, Contract Secretary KENAI BEAUTIFICATION COMMITTEE APRIL 8, 2003 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM' 1: CALL TO ORDER/k ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- MARCH 11, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion-- Banners ITEM 6: NEW BUSINESS Discussion -- Volunteer Planting Discussion -- Miscellaneous Bed DesiEn ITEM 7: REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8: 0UESTIONS AND COMMENTS ITEM 9: INFORMATION Parks & Recreation Commission Meeting Minutes of March 6, 2003. City Council Action Agenda of March 6 and March 19, 2003. ITEM 10: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE APRIL 8, 2003 7:00 P.M. KENAI COUNCIL CHAMBERS CHAIRPERSON MARILYN DIMMICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER/h ROLL CALL Chairperson Dimmick called the meeting to order at 7:10 p.m. Chair Dimmick did not request a roll call but acknowledged those in attendance' Members Present: Dimmick, Seymour, Nelson, Brown Members Absent: Rogers Others Present: Councilwoman Swarner, Director Frates, Contract Secretary Roper. Three students from the KCHS Government Class were also present. ITEM 2: AGENDA APPROVAL Chair Dimmick requested approval of the February 11, 2003 minutes added to Item 3. With no objections noted, the agenda was approved as amended. ITEM 3: APPROVAl, OF MINUTES- February 11 and March 11, 2003 Chair Dimmick requested the word ~hem'tf' on page two, third paragraph, second bullet of the February 11, 2003 minutes be changed to "hardy." The minutes of February 11, 2003 were approved as amended. Chair Dimmick reported there was no quorum for the March 11, 2003 meeting but notes from the work session were included in the packet. ITEM 4: PERSONS SCHEDULED TO BE HEARD_ - None ITEM 5: OLD BUSINESS ITEM Sa. Discussion- Banners- The following action was taken: · The Committee reviewed the banner selections including a moose, bear, mountain with spruce tree, church, fireweed, lupine and iris. There will be three (3) each bear and lupine banners and five (51 each of the others. BEAUTIFICATION COMMITTEE MEETING APRIL 8, 2003 PAGE 2 · The Committee discussed the desired changes to design and cOlor. · The Committee discussed locations for placing the banners. It was noted the banners would go no further than the Visitors Center. The old banners will be hung on Willow. MOTION: Member Brown MOVED to recommend the Parks & Recreation Director order the selected banners with the desired changes. Seymour SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS Discussion -- Volunteer Planting The Committee discussed the planting schedule and it was decided May 3 ! ~t would be the first day for planting. The Beautification Committee and volunteers will meet at the fire station at 10:00 a.m..Brown will begin planting earlier at the comer of Spur Highway and Bridge Access Road. It was suggested small children be kept away from the busy intersections to avoid heavy traffic. A lengthy discussion ensued regarding planting locations, prioritizing beds, planting instructions, and type of flowers to be used. The following assignments were made: Helen Brown will handle all circle planters and the busy intersection. · Loft Seymour will handle the fire station. · Lois Nelson will handle Leif Hansen Memorial Park. · Marflyn Dimmick will handle the Chamber. Jean Rogers will handle the softball green strip. The students left at 8:00 p.m. It was decided the Committee would meet at the Recreation Center on Monday, April 14th at 1'00 p.m. to further discuss additional planting and flower selections. Dimmick shared some of the literature she had regarding types of flowers, recommended planting times, etc. She also shared copies of photographs. 6-b. Discussion -- Miscellaneous Bed Design Frates stated this item would be discussed at the meeting on Monday, April 14th. ITEM 7: REPORTS 7-a. Committee Chair- Dimmick reported she spoke with Karolee Hansen and although she is still working fulltime, she is interested in again becoming a member of the Beautification Committee. Dimmick requested names and phone numbers of other interested in the Committee or serving as a volunteer. BEAUTIFICATION COMMITTEE MEETING APRIL 8, 2003 PAGE 3 7-b. Parks/h Recreation Director- Frates reported the followin§: · The Kenai Lions Club and Conoco/Phillips have joined together to handle the annual clean up which will be held on May 3rd. Frates explained the program and said a barbecue would be held at the softball greenstrip starting at 12:30. The Committee decided to clean the flowerbeds that day as well. 'Dimmick suggested a flyer requesting volunteers for planting be handed out during the clean up. · The greenhouse is going at this time. · An employee at Frontier Community Services contacted Parks regarding utilizing some of their clients for volunteer work. · Joe Harris and his retiree group adopted the Bernie Huss Trail for the summer. 7-c. Kenai City Council Liaison - Councilwoman Swamer reported the following: * The first budget work session was held on April 7th. Other sessions are scheduled for April 14 and 15, 2003. o The Boys and Girls Club presented a proposal to City Council regarding their partnering with the City to assume the city's recreation program. Swarner stated there were more questions than answers as a result of the meeting. · Council will again vote to appoint a new member at its April 16th meeting. · A list of potential budget cuts was provided. . April 25, 2003 is the volunteer reception from 6'00 to 8:00 p.m. at the Kenai Senior Center. · She will attend the AML conference in Juneau on April 22 and 23, 2003. Frates left at 8:45 p.m. ITEM 8: OUESTION$ AND COMMENTS -- None ITEM 9: INFORMATION Parks & Recreation Commission Meeting Minutes of March 6, 2003. City Council Action Agenda of March 6 and March 19, 2003. ITEM 10: ADJOURNMENT The meeting adjourned at 8'49 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary BEAUTIFICATION COMMITTEE MEETING APRIL 8, 2003 PAGE 4 AGENDA KENAI CITY COUNCIL- REGULAR MEETING MARCH 19, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.u s 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) ITEM C: REPORTS OF KPB ASSEMBLY, LEGISL_,qTOR~ AND_ COUNCrL-__c ITEM D: PUBLIC HEARINGS . Ordinance No. 1995-2003 -- Amending KMC 23.40.080 and 23.40.120 to Allow Employees to Elect the Opt-Out Provision of the Public Employees Retirement System (PERSI as Stated in AS 39.35.150(b} and/or Opt Out of Municipal Medical and Hospital Insurance. . Continuation of Public Hearing/Resolution No. 2003-11 -- Directing the Continuation of the Project Entitled "McCollum/Aliak Paving L.I.D." and Designating What Improvements are to be Included in This Project. , Resolution No. 2003-12 -- Amending the Flexible Benefits Plan. . Resolution No. 2003-13 -- Approving the Sale of Eight Lots in Inlet Woods Subdivision to Philip W. and Eileen Bryson (With a 7% Discount for Cash) for $107,880. , Resolution No. 2003-14-- Transferring $3,100 From Contingency to Communications in the Water and Sewer Special Revenue Fund. , Resolution No. 2003-15 -- Transferring $5,500 in the Beautification Department to Purchase Banners. , , , ITEM E: o 2. 3. 4. 5. 6. 7. ITEM F: o ITEM G: ITEM H: ITEM I: , e e . Resolution No. 2003-16 -- Increasm§ the Water and Sewer Rates. Resolution No. 2003-17-- Stating the Harmful Impacts of ASHA's Rural-Owner Occupied Loan Program on the City of Kenai and Urging a Change in that Program so the Entire Kenai Peninsula is Included in the Program by Changing the Definition of "Small Community." Resolution No. 2003-18 -- Awarding the Bid to Airport Automation Corporation for an Airport ADA Lift Device for the Total Amount of $26,768. COMMISSION/COMMITTEE REPORTS COuncil on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planmng & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce MINUT~ *Regular Meeting of March 5, 2003. CORRF~PONDENCE OLD BUSINESS NEW BUSINESS ., Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1996-2003 -- Increasing Estimated Revenues and Appropriations by $315,975 in the General Fund to Transfer Inlet Woods Settlement Proceeds to the Debt Service Fund. *Ordinance No. 1997-2003 -- Increasing Estimated Revenues and Appropriations by $8,300 in the Senior Citizen Borough Grant Fund, and Transferring $12,800 From the Borough Fund to the Senio~ Citizens Title III Grant Fund to Purchase Food. . Ordinan¢~ No. 1998-~003 -- Amending Kenai Municipal Code by Adoption of a New Chapter 12.40 to Regulate Smoking in Eating Establishments. ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING MARCH 19, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.us ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7'00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. Immediately following, a moment of silence was held, being mindful of the condition of the world, the launch of the war against Iraq, and to remember the troops, their families and friends. A-2. ROLL'CALL Roll was taken by the City Clerk. and Jackman. Present were: Williams, Bookey, Swarner, Moore Absent was: Porter A-3o AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: D-2, Continuation of Public Hearing/Resolution No. 2003-11 -- letters in re§ard to properties owned by the Kenai Peninsula Borou§h and Rod§er & Barbara Schmidt. ADD TO: 1-5, Ordinance No. 1998-2003 -- 3/18/03 letter from Alaskans for Tobacco- Free Kids requesting consideration of amendments. MOTION: Councilman Bookey MOVED to approve the agenda as amended and Councilwoman Swamer SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA Mayor Williams requested the following change to the Consent Agenda: DELETE: Ordinance No. 1997-2003 -- Increasing Estimated Revenues and Appropriations by $8,300 in the Senior Citizen Borough Grant Fund, and Transferring $12,800 From the Borough Fund to the Senior Citizens Title III Grant Fund to Purchase Food. ~NAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 2 MOTION: Councilman Bookey MOVED to approve the consent agenda as amended. no objections. SO ORDERED. There were ITEM B: SCHEDULED PUBLIC COMMENTS-- None. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Assemblywoman Glick reported actions taken during the Borough Assembly meeting of March 11. She noted in particular, the following: · The Assembly set 10'00 a.m. on April 1 for a tour through the Emergency Operations Center at the Alaska Regional Fire Training Facility. Council also scheduled the date and determined lunch would be offered at the facility immediately after the tour. It was also determined letters of invitation be sent individually to the Borough Assembly members, as well as Borough Mayor Bagley, members of the LEPC, Borough Emergency Management Director, State Troopers, and media. ITEM D: PUBLIC HEARINGS D-1. Ordinance No. 1995-2003 -- Amending KMC 23.40.080 and 23.40.120 to Allow Employees to Elect the Opt-Out Provision of the Public Employees Retirement System (PERS} as Stated in AS 39.35.150(bi and/or Opt Out of Municipal Medical and Hospital Insurance. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1995-2003 and Councilwoman Swarner SECONDED the motion. There were no public comments. Finance Director Semmens explained, including this amendment would allow the city and employees the option and can potentially allow the city to retain qualified people at a lower cost (the city wouldn't be paying PERS or insurance) ff they opt out. He also noted, to be eligible, the employee would have to meet requirements and the option will be sunsetted in 2005. VOTE: Williams ., Moore Yes Yes Bookey Porter Yes Absent Swamer dackman Yes Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 3 9-2. Continuation of Public Heating/Resolution No. 2003-11 -- Directing the Continuation of the Project Entitled "McCollum/Aliak Paving L.I.D.' and Designating What Improvements are to be Included in This Project. MOTION: Councilman Bookey MOVED to continue the public hearing on Resolution No. 2003- 11 and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED. Susan Wilcox, 416 McCollum Drive, Kenai -- Questioned why the public hearing was continued and Williams explained, it was due to the lack of council members present at the last meeting. Pat Falkenberg, 399 McCollum, Kenai-- Stated her father's prOperty (Red McCollum) had been paved by the state during the last road construction. She asked ff it would need to be redone as all the curbs were already in. Public Works Manager Komelis explained the engineering had not yet been done for this project and he would have to investigate ff that paving is centered on the road; he hoped to keep the new center of the road in the same design as it is currently; and, this property was included in the assessment because the property was included on the petition. Falkenberg stated she agreed with the paving and would prefer the linear foot assessment. However, if the rest of the property owners would prefer the square foot assessment, she would be agreeable to it. Swarner noted, if a new road would have to be built to align, it would make the project more costly. She also stated she objected to repaying the McCollum property and reassessing that property. Komelis explained, there may be some areas of the project where excavation will be needed. They will be digging test holes to find those areas. Eric Wilcox, 416 McCollum Drive -- Stated he felt it was in the best interest of the city to pave the road. He indicated he distributed the petition and included the McCollum property on it as the directions required it; the paving in front of the McCollum property is very nice and he didn't think it should be tom up; and, McCollum Drive was upgraded when water/sewer lines were .put in place. Wilcox added, he was in favor of the square footage assessment as it benefited him the best. JoAnn Buzzell, Aliak -- Stated she was in favor of the paving project on the linear footage assessment. Janine Espy, 403 McCollum Drive -- Stated she and her husband were very much in favor of the paving project. She noted, at the March 5 meeting, she stated they were in KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 4 favor of the linear foot assessment as it was best for them. However, they are in favor of the paving project regardless of which way the council decides. Teresa Werner-~uade, 409 McCollum/1001 Aliak, Kenai-- Wemer-Quade noted letters were included in the packet from property owners who stated their preference for the square foot assessment: Schmidt; Quade; Holmes Whiteside; Ferrell; Kissee; Quade; Marquis; Hughes; Rapp; Wright; Wilcox. She also noted a letter she wrote and signed, referring to a conversation she had with Paul Ostrander, Land Management Officer of the Kenai Peninsula Borough who stated to her the Borough would go with the majority. Wemer-Quade stated she calculated 14 parcel owners who wanted to be assessed according to the square footage calculation and added, Ostrander had allowed her to cite him and his rifle. She concluded the borough would agree with the square for calculation and there was, with the Borough, a majority wanting the square foot calculation. She added, the Lions spoke at the previous council meeting in regard to their desires. Deborah Rapp -- Williams referred to an email included in the packet which stated Rapp was not in favor of any paving. Swarner noted a second letter was sent in which she stated her preference of the square footage assessment. Swarner also noted, twelve requests for square footage assessments were received and six requesting linear assessment, not including the Borough because no signed letter was received directly from the Borough. Komelis reviewed the Code requirements for deciding the method of assessment; square foot unless council chooses to do differently. Moore stated he did not think it fair to include the Borough in those property owners preferring the square footage assessment -- 12 would not be a majority of the properties. A brief discussion followed in which the McCollum property was discussed and the fact the road was already paved in front of that property. It was also noted, taking that property out of the equation, because the road was already paved, would affect the assessments of the other properties. Swarner stated she was not comfortable in voting on the issue until more information was available to that regard. It was also noted, the current paving on McCollum also affected the Grace Brethren Church. Barbara Waters, 311 Kulila Place, Kenai. Spoke for the Kenai Grace Brethren Church and reiterated her comments from the March 5 meeting: The Church would accept the square footage calculation in the spirit of neighborliness, however they would prefer the linear foot calculation. Concern for the fairness to the property owners if the church and McCollum properties were removed from the assessment calculations were discussed. Attorney Graves noted, the same method of calculation has to be used throughout the district. ~NAI CITY COUNCIL ME~ING MARCH 19, 2003 PAGE 5 Komelis suggested the measurement go only 150 feet back which would calculate differently. It was also noted, the city would not gain or lose anything financially with either of the measurements, however the property owners would bear the cost. The council was intent on finding the best for all the property owners. Eric Wilcox -- Stated he believed the paving would be a great advantage to the city by increasing the value of the city. Komelis also suggested measuring back 300 feet in all areas. Williams requested administration provide both the 150 foot and 300 foot scenarios and Swarner agreed and thanked the residents for attending. She also reminded the audience, it was not known if any funding would come from the Legislature which will be needed to do the project. She noted, it would not delay the project if the council takes a longer time to investigate the matter further. Williams added, the funding would not be addressed until duly 1, after the state budget bill is signed. Graves noted, council could delete properties that would not benefit from the project. MOTION: Councilwoman Swarner MOVED to postpone Resolution No. 2003-11 until the April 2, 2003 council meeting and Councilman Bookey SF~ONDED the motion. There were no objections. SO ORDERED. Janine Espy-- Asked when the property owners would see the costs and administration stated a packet of information would be forwarded to them by the end of the week as well as placing the information on the city's website. Williams restated, administration was to provide cost scenarios for both the 150 foot and 300 foot depths and eliminate the McCollum property and the church property from the list. D-3o Resolution No. 2003-12 -- Amending the Flexible Benefits Plan. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2003-12 and Councilman Moore SECONDED the motion. There were no public comments. Semmens explained, there will be $450 set-up fee through AFLAC to amend the plan. He a/so noted, there is a risk to the employee if he/she deposits money into the plan and then does not use it as the money reverts back to the city at the end of the year. There is also risk to the city if the employee is hired, puts money in, uses it, and resigns. Semmens added, this is a very common KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 6 plan and his motivation is to allow the employees to contribute to the insurance prior to taxes. The employees will also be charged a $5 monthly fee. VOTE: There were no objections. SO ORDERED. D-4o Resolution No. 2003-13 -- Approving the Sale of Eight Lots in Inlet Woods Subdivision to Philip W. and Eileen Bryson {With a 7% Discount for Cash) for $107,880. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2003-13 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. Resolution No. 2003-14 -- Transferring $3,100 From Contingency to Communications in the Water and Sewer Special Revenue Fund. MOTION: Councilman Moore MOVED for approval of Resolution No. 2003-14 and Councilwoman Jackman SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. Resolution No. 2003-15 -- Transferring $5,500 in the Beautification Department to Purchase Banners. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2003-15 and requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 7 There were no public or council comments. VOTE: There were no objections. SO ORDERED. D-7o Resolution No. 2003-16 -- Increasing the Water and Sewer Rates. MOTION: Councilman Moore MOVED for approval of Resolution No. 2003-16 and Councilwoman Swamer SECONDED the motion. There were no public comments. Councilman Bookey stated he would not support the increase as indicated in the resolution. He stated, he believed the citizens of the community are expecting a mill rate increase and they should not have to have both a mi!! rate and water/sewer rate increase. Councilman Moore suggested the increase be made, but as an alternative, increase the rate over time. He added, he felt families would be more vocal about a raise in the water/sewer rate than a mi!! rate increase, BREAK TAKEN: 8:29 P.M. BACK TO ORDER: 8:43 P.M. City Manager Snow reviewed the Water/Sewer Fund history and noted there were projects on the horizon needing to be built and funded. Finance Director Semmens handed out reformation regarding the funding/expenditures of the Water/Sewer Fund normally included in the budget document. He also explained, to make the budget realistic and sustaining for the Water/Sewer Fund, the resolution was brought forward to authorize an increase in the rate. Semmens noted, without an increase, the Fund will have a $89,000 deficit. BecaUse funds have been spent to match grants to improve the water/sewer system, there is not enough money left to operate the Fund. He believes this is a risk and that it is very important to at least adjust the rate by some amount. Semmens explained, the increase of 30-35% was suggested by the consultant who prepared the recently received water/sewer study and the rate was suggested while comparing the list of future projects needing to be built. Public Works Manager Komelis noted the future projects (50/50 match) included the vactor truck replacement; storage tank upgrading; wastewater treatment plant expansion; arsenic treatment; development of Wellhouse No. 4. Semmens explained a KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 8 30-35% increase would create a $330,000 surplus and would it will take three years to replace the funds used for the development of Wellhouse No. 4. Semmens added, the consultant recommended the city borrow the money needed to do the future projects and also recommended the increases even without borrowing. To borrow the funds would require a vote of the people. Even if there were no capital projects on tap, the fund is unacceptably low. The study suggested doing the projects without borrowing would suggest a 90% increase. Williams noted the water/sewer rate had not been increased since 1993. Bookey stated he was aware projects will need to be done,- but many of those indicated are long term and the city is not able to take on debt at this time. He added, he expected a rate increase to be suggested by the study, but he would not support a 30-35% increase. A brief discussion followed and it was suggested a smaller increase be proposed. MOTION TO AMEND: Councilwoman Swarner MOVED to amend the second ~whereas' and replace the 30- 35% to 10% each and also in the "now, therefore" paragraph. Councilman Moore SECONDED the motion. It was noted, this increase would be about $4.10 and would generate less surplus. Williams suggested postponing action on the resolution and requested administration to generate a chart showing alternatives including 15-17% and ten percent increases and the amount of cash it would generate and bring it back for the April 2 council meeting. Swarner and Moore withdrew their motion. MOTION: Councilwoman Swarner MOVED to postpone action until the April 2, 2003 council meeting and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED. Mayor Williams requested moving I-5 to be heard after D-9. objections. Council had no D-8o Resolution No. 2003-17 -- Stating the Harmful Impacts of ASHA's Rural-Owner Occupied Loan Program on the City of Kenai and Urging a Change in that Program so the Entire Kenai Peninsula is Included in the Program by Changing the Definition of "Small Community." MOTION: KEN~ CITY COUNCIL MEETING MARCH 19, 2003 PAGE 9 Councilman Moore MOVED for approval of Resolution No. 2003-17 and Councilwoman Jackman SECONDED the motion. There were no public comments. It was noted the ,resolution was prepared in response to discussions held during the joint work session with the Soldotna City Council. The Soldotna Council will consider a like resolution. VOTE: There were no objections. SO ORDERED. 9-9. Resolution No. 2003-18 -- Awarding the Bid to Airport Automation Corporation for an Airport ADA Lift Device for the Total Amount of $26,768. MOTION: Councilwoman dackman MOVED for approval of Resolution No. 2003-18 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. Ordinance No. 1998-2003 -- Amending Kenai Municipal Code by Adoption of a New Chapter 12.40 to Regulate Smoking in Eating Establishments. MOTION: Councilwoman Swarner MOVED to introduce Ordinance No. 1998-2003 and Councilman Moore SECONDED the motion. Bill Osborn, 423 Rogers Road, Kenai- Read into the record the following letter submitted by Greg Daniels: 3/~/~003 To' Kenai City Council Mayor John Williams Dear Council: KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 10 I will not be in Alaska at either of the Kenai City Council meetings scheduled for March 19 and April 2, 2003, so please consider this a response to be read at either of the meetings where public input is appropriate. My name is Greg Daniels and I live at 426 Rogers Road, Kenai. In my testimony given before the Kenai Council on February 5, 2003, I referenced many instances where second-hand smoke is hazardous to public health and will not reiterate those again, except say that many people ehave needlessly died or have serious illnesses due to second-hand smoke. It is my hope that the Kenai City Council in its wisdom of protecting the public against public health hazards will adopt this ordinance that prevents the use of tobacco and tobacco related products in public restaurants. In reading this ordinance being considered, I am concerned about the wording of an "enclosed area" and the line that states: "The doors of an enclosed area should remain closed whenever possible." My definition of an enclosed area is one that is completely closed on all sides from floor to ceiliug, a separate ventilation system and no doors leading to any smokin~ area, attached bar or any place where s~oking is occurring. As I mentioned before, smoke knows to boundaries. Perhaps, I have read these definitions of the ordinance incorrectly, and if so, I apologize. Your passage of this ordinance for the health, safety, and welfare of your community, the people of the State of Alaska, and the tourists from all over the world, will reflect Kenai's positive attitude towards protecting all of us. Thank you. Greg Daniels Osborn referred to his concerns stated previously about the bowling alley and the children using the facility are subjected to smoking in the facility and read the definitions of 'enclosed areas" from the Anchorage no-smoking ordinance. Swamer suggested the owner of the bowling alley be requested to make the facility no-smoking. Osbom stated he had not, and added, he felt it was something the council should address for all the people of Kenai. Roger Meeks - Stated he agreed with the ordinance, and felt the bowling alley concern should be addressed. He particularly agreed with the restaurant no-smoking ban. He noted, older people often have breathing problems and public places where people eat shoud not have smoking. KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 11 Williams noted the suggested amendments in the letter received from Alaskans for Tobacco-Free Kids included in the packet and asked if council wanted to consider those suggested amendments. Asked if the snack bar in the bowling alley would be considered an eating establishment, City Attorney Graves answered yes, and added, most of the problems were in eating establishments with bars. This is not. He added, smoking could be allowed in the bowling alley and the ordinance, as it is worded, would not be able to make any changes to it. Graves suggested he prepare a substitute ordinance to include other comments received, and have both the ordinances come up for public hearing at the same time. The substitute ordinance would be more restrictive. Jackman stated her concern council should not pick and choose what establishments should be included in the ordinance and that she would not support an ordinance targeting certain businesses. She also noted, any ordinance would impact businesses and revenue. Betty Osbor~, 423 Rogers Road -- Agreed an ordinance should not pick on one type of business and urged council to protect the people who don't smoke and do it right. Williams suggested an ordinance to state no smoking in any public building or gathering place for any circumstance, except if a private club. Concern was stated, people have a constitutional right to smoke and tobacco is not an illegal substance. Council requested a broad-based ordinance be prepared for introduction; do not include amendments suggested in the letter received from the Alaskans for Tobacco- Free Kids. Graves stated he would like to postpone the current public hearing to another date in order to draft the second ordinance and distribute it to bars, restaurants, etc. prior to its introduction. Council directed the second ordinance be introduced on the consent agenda of the April 2 meeting and both ordinance be brought forward for public hearing at the April 16, 2003 council meeting. ITEM E: COMMISSION/COMMITTEE REPORTS E-1. Council on Aging- Swarner reported, there was no quorum and a brief work session was held instead. Notes were included in the packet. E-2. Airport Commission- Jackman reported no quorum was present, however a brief work session was held at which ti__me the Commission present reviewed proposed parking lot changes. Harbor Commission - Bookey noted, the meeting had been cancelled. ~NAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 12 E-4. Library Commission- Moore reported the minutes of the meeting were included in the packet. The next meeting will be held on April 1. E-5. Parks/h Recreation Commission - Councilman Moore reported he attended the meeting for Councilwoman Porter. The minutes of the meeting were included in the packet. He noted, the Commission approved an adopt-a-bench program and discussed the possible assumption of the recreation program by the Boys & Girls Club. He noted, the Commission are looking forward to reviewing the proposal before making a recommendation. E-6. Planning/h Zonhag Commission - Bookey reported the meeting was brief and the minutes were included in the packet. He added, a preliminary plat was approved for property in Inlet Woods. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee- Swarner reported there was no quorum and an informal work session was held instead. E-'Fo. Kenai Convention/h Visitors Bureau Board- Bookey reported the KCVB's budget was discussed at their last meeting, as well as the impacts of gaming legislation now working through the Legislature. E-To. Alaska Municipal League Report- No report. E-7d. Kenai Chamber of Commerce- No report. ITEM F: MINUTES F-Xo ReLmlar Meeting of March 5, 2003 -Approved by consent agenda. ITEM G: CORRESPONDENCE- None. ITEM H: OLD BUSINGS- None. ITEM I: NEW BUSINESS I-1o Bills to be Paid, Bills to be Ratified MOTION: Councilman Bookey MOVED o pay the bills and Councilwoman Swamer SECONDED the motion. There were no objections. SO ORDERED. I-2o Purchase Orders Exceedin~ $2,500 KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 13 MOTION: Councilman Bookey MOVED for approval of the purchase orders exceeding $2,500 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. I-3o OrdinanCe No. 1996-2003 -- Increasing Estimated Revenues and Appropriations by $315,975 in the General Fund to Transfer Inlet Woods Settlement Proceeds to the Debt Service Fund. Introduced by consent agenda. I-4o Ordinance No. 1997-2003 -- Increasing Estimated Revenues and Appropriations by $8,300' in the Senior Citizen Borough Grant Fund, and Transferring $12,800 From the Borough Fund to the Senior Citizens Title III Grant Fund to Purchase Food. Removed from agenda. Ordinance No. 1998-2003 -- Amending Kenai Mumcipal Code by Adoption of a New Chapter 12.40 to Regulate Smoking in Eating Establishments. Discussed following Item D-9. ITEM J: REPORT OF THE MAYOR -- Wflhams reported the following: · He and Councilwoman Swarner recently attended the NLC Conference in Washington, DC. While there, they attended courses, meetings, and discussed problems of federal government; visited with Senator Stevens; met with Senator Murkowski and Stevens' staff; and met with Congressman Young. Williams stated he felt the trip was well worth the cost, though he did not think there was much hope in obtaining f'mancial assistance for city projects. · Noted he had received complaints the Kenai Police Department was "lying in wait" for drunk drivers. A brief discussion followed with Chief Kopp who explained the Department's process. Read a letter from JoAnn and James Elson who thanked and complimented the Kenai Police Department for their quick and efficient action in retrieving personal effects recently stolen from their home.~ Councilwoman Swamer reported she and Williams discussed the coastal trail with Congressman Young and also distributed "Kenai Wild" salmon brochures to conference attendees and answered many questions resulting from the information. KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 14 Swarner encouraged other council members to attend future conferences and to take Alaska information along to distribute. ITEM K: ADMINISTRATION REPORTS K-1. City Manager- City Manager Snow reported the following: · Department Head reports were included in the packet. · A proposal to oversee the city's recreation program was received from the Boys & Girls Club (copy was included in the council packet). The proposal will be forwarded to the Parks & Recreation Commission for review. Snow requested council set a joint work session with the Commission, Council and representatives of the Boys & Girls Club to discuss the matter more fully. She suggested Monday, April 7, beginning at 7:00 p.m. Council had no objections. · The VISTA grant application was approved and the 'VISTA office will send a Memorandum of Understanding for the city's review and approval. The VISTA office .will also advertise the position on their website and the city will advertise locally and in the Anchorage paper. A VISTA pre-service orientation will be held in August. · She, Attorney Graves, Mayor Bagley and Jack Brown met during the week in regard to the Arctic Winter Games contract and discussed the city's obligations in regard to the hosting of the Games. She noted, Mayor Bagley stated the cities will not be parties to the contract, the Borough has funding for the building of temporary enclosures of the ice fink, and, the Borough will provide temporary warming shacks and showers. The Borough will keep the city informed of any changes and any obligations of the city. · David Gibb (LEPC) and Trooper Captain Bowman have toured the Emergency Operations Center (EOC) at the fire train/ng facility. · Chief Kopp and Assistant Fire Chief Tilly gave a presentation to the LEPC in regard to the use of the EOC. · She will be taking personal leave through March 31 and if there are no objections of council, Finance Director Semmens will be Acting City Manager in her absence. Council stated no objections. X-2o Attorney- No report. K-3. City Clerk- Clerk Freas reported the following: · The annual volunteer reception Was scheduled by council at their last meeting for April 25 at the Senior Center, beginning at 6'00 p.m. She requested direction from council as to what type of event they wanted it to be. Council directed the reception include hors d'oeuvres, punch, etc. Williams stated he would have a proclamation and plaques prepared for special recognitions. · Refemng to a donation request letter included in the packet from the KCHS After-Graduation Committee, Freas noted council included $300 in their Legislative budget for this purpose. Council had no objections in making the donation. KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 15 · Senator Wagoner will be holding a longevity bonus hearing on Friday from 2-4:00 p.m. in the council chambers. ITEM L: DISCUSSION L-Xo Citizens- None. L-2. Council Bookey- No comments. Swarner-- · The Spring meeting of the Legislative Committee will be held on April 23-24 in Juneau. She noted, reservations were needing to be made at the Baranof by April 1. · The Legislative Committee on Economic Development will meet on Monday, March 24. · She has received the new AML Policy Statement for review. Moore - Thanked Assemblywoman Glick for her keeping the council updated on events taking place at the Borough. Jaelmaan - Recognized the efforts taken by Hertz to upgrade their used car lot. Williams -- Thanked Attorney Graves for his memorandum regarding the Open Meetings Act which was included in the packet. He requested a copy of the memorandum be forwarded to the AML for their use and to include it in any new council member information packets in the future. EXECUTIVE SESSION- None Scheduled ITEM M: ,,ADJOURNMENT The meeting adjourned at approximately 10'33 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk AGENDA KENAI CITY COUNCIL- REGULAR MEETING APRIL 2, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kcnai, ak.us ITEM A: CALL TO ORDER . 2. 3. 4. 5. 6. Pledge of Allegiance Roll Call ELECTION OF COUNCIL MEMBER Oath of Office -- New Council Member Agenda Approval Consent Agenda *All items listed with an asterisk (*) were considered routine and non- controversial by the council and would be approved by one motion. There would be no separate discussion of these items unless a council member so requests, in which case the item would 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) Jack Brown -- Arctic Winter Games ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNC!_I~_ ITEM D: PUBLIC HEARINGS ., Ordinance 'No. 1996-2003 -- Increasing Estimated Revenues and Appropriations by $315,975 in the General Fund to Transfer Inlet Woods Settlement Proceeds to the Debt Service Fund. , Continuation of Public Heating/Resolution No. 2003-11 -- Directing the Continuation of the Project Entitled ~McCollum/Aliak Paving L.I.D.' and Designating What Improvements were to be Included in This Project. , Continuance of Public Heating/Resolution No. 2003-16 -- Increasing the Water and Sewer Rates. , Resolution No. 2003-19 -- Transferring $8,000 in the Airport Land System Revenue Fund for Overtime. -1- ITEM E: . 2. 3. 4. 5. 6. 7. ITEM F: o ITEM G: COMMISSION/COMMI~EE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zomng Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce MINUTES *Minutes from February 20, 2003 Work Session. CORRF~PONDENCE ITEM H: OLD BUSINESS ITEM I: . e , . e , ITEM J: ITEM K: le NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 Discussion: Set date for budget work session. Discussion: Dip net parking and boat launch fee increase. *Ordinance 1999-2003 -- Amending KMC by Adding Chapter 12.40 that Eliminates Smoking in Public Places and Workplaces Except Private Clubs. *Ordinance 2000-2003 -- Increasing the Council on Aging Title III Fund by $50,000 for the Purchase of Food. REPORT OF THE MAYOR ADMINISTRATION REPORTS City Manager Attorney City Clerk -2- ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT -3- KENAI CITY COUNCIL- REGIKAR M~ETING APRIL 2, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS h.ttp://www, ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:03 p.m. in the Council Chambers in the Kenai City Hall Building. A-X. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. dackman and Williams. Present were: Bookey, Swarner, Moore, Porter, A-a. ELECTION OF COUNCIL MEMBER Mayor Williams noted that pre-printed ballots were available for the election of the new council member and explained the rules. Members would cast a ballot then pass them to the clerk who then record the ballot and advise accordingly. The members would continue to cast ballots until four {4) successful votes were cast for a single candidate who would then be declared the new Council member and sworn in. Williams noted the successful candidate would fill the seat until the election in October where the seat would stand for election for a two-year term. Attorney Graves added, the Clerk Would read off the candidates vote totals, she would not read who voted for whom, although the ballots would be retained per Code. Councilman Moore disclosed a financial relationship with candidate Blaine Gilman. Graves stated he did not see a financial conflict of interest, as the vote would not affect Moore financially. The five candidates for the open seat were Hal Smalley, Barry Eldridge, Carol Brenckle, John "Ozzie" Osborne, and Blaine Gilman. Williams called for the first vote; council voted and the Clerk read the results. BALLOT # 1 KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 2 OF 20 Hal Smalley Barry Eldridge Carol Brenckle John "Ozzie" Osborne Blaine Gt_!man BALLOT #2 Hal Smalley Barry Eldridge Carol Brenckle John "Ozzie" Osborne Blaine G~!man BALLOT #3 Hal Smalley Barry Eldridge Carol Brenckle John "Ozzie' Osborne Blaine G!lmall 1 0 2 0 3 BALLOT #4 Hal Smalley 1 Barry Eldridge 0 Carol Brenckle 2 John "Ozzie' Osborne 0 Blaine G!!rnan 3 Williams requested an at-ease to consult with the Attomey. Williams advised, if the next vote came up the same with the previous three, he would ask council to consider postponing the vote until the next meeting unless council wants to do more than one more vote. Councilwoman Porter and Councilwoman Swarner indicated they would like the vote to continue. Councilman Bookey asked the attorney about the legal ramifications and Graves stated, without four votes another member could not be appointed and didn't think the Court would make the council appoint someone if a deadlock was reached. Graves added, he advised the Mayor the voting could continue or be postponed until the next meeting if council thought that would help the situation. Moore indicated he would vote one more time and if it was still deadlocked then the vote should be postponed until the next meeting. Jackman stated if the next vote was the same then the top three in deadlock should be re-interviewed and vote KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 3 OF 20 again at another meeting. Porter stated she was not in favor of another interview process since all candidates already went through the process. Jackman disagreed, stating that council members were required to sit before their constituents in more than one meeting. Williams asked Jackman why she wasn't at the interview work session and Jackman replied she had a family emergency. Council agreed to vote one more time. BALLOT #5 Hal Smalley 0 Barry Eldridge 0 Carol Brenckle 3 John "Ozzie" Osborne 0 Blaine Gilman 3 Tie Williams requested an at-ease so additional ballots could be prepared. At-ease at 7:26. Meeting resumed at 7'35. BALLOT #6 Hal Smalley 0 Barry Eldridge 0 Carol Brenckle 3 John "Ozzie" Osborne 0 Blaine Gl[re_an 3 Tie Moore suggested the vote be postponed until the next meeting. After discussion the general consensus was to continue. BALLOT #8 Hal Smalley Barry Eldridge Carol Brenckle John "Ozzie" Osborne Blaine Gilman 0 0 3 0 3 Tie KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 4 OF 20 WiRiams requested a recess while the two candidates prepared to make a 5-minute presentation. At-ease at 7:36 p.m. Meeting resumed at 7:52 p.m. Williams stated, the code requires council cast a vote until the majority have chosen a candidate and it does not allow for the toss of a com. Williams requested the two candidates give a presentation and begin in alphabetical order. Caxol B~nckl~ introduced herself. She stated, Kenai was at a crossroads with some very difficult decisions and that much analysis, thought and research was required before doing so. Brenckle stated, this council had always been very careful in terms of evaluating the issues before it and it was going to become even more difficult as the issues become more complex. Brenckle said she believed her education and training would assist her in assisting the City of Kenai and its residents. Blain~ G~!~an introduced himself. Gilman stated the key issue for the City of Kenai at this time was the budget and he knew he had different views that many of the members have. He said he believed in a balanced budget but knew it would not be possible this year because of the hole left by K-Mart. Gilman stated he wanted to balance the budget without reducing too many services and wouldn't be afraid of raising the mill rate but at the same time there were legitimate government services within the city that could be reduced or perhaps eliminated. Gilman stated, during his interview there were three primary issues with the budget needing to be discussed which included what level of a mill rate increase the city can bear, how much can the city afford to pay out of the reserve, and how much can be cut from city government and still have a city serving the needs of the citizens. Gilman indicated his favorite city service was the library, and his family used it often. Gilman stated he wanted to work with the council and felt he had a lot to add. Gilman added, he wasn't pessimistic about the future of Kenai and had a vision that in 15 years the city would · continue to be a vibrant economy and he welcomed the support. The Mayor called for another vote of the council. BALLOT #8 Hal Smalley Barry Eldridge Carol Brenckle John "Ozzie" Osborne Blaine G!!_man 0 0 3 0 3 Tie KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 5 OF 20 Williams suggested the balloting be postponed until the next meeting on April 16, 2003. With no member voting against the suggestion, the election would take place at the April 16th meeting. It was decided all five names would remain on the ballot. No objections. No further discussion. A-4. Oath of Office - New Council Member - Postponed until April 16, 2003. A-5. Agenda Approval MOTION: Councilman Bookey MOVED to approve the agenda and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. Consent Agenda MOTION: Councilman Bookey MOVED to approve the consent agenda and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS S-X. Jack Brown -- Arctic Winter Games Jack Brown, P.O. Box 7073, Nikiski, Alaska - Brown began by thanking Williams for his work on the proposal for the Arctic Winter Games and reported the following: · Kenai Peninsula Borough has been awarded the Arctic Winter Games. · Mayor Dale Bagley, the Borough Attorney and Jack Brown were going through the contract at this time and would present it to the International Committee for their review this coming weekend. · The enclosure of the Kenai ice rink created some interest and concern. Brown stated the amendment to the contract basically says the enclosure of the ice rink, the change room and shower facility would either be temporal3r for the purpose of the Games or permanent. Brown wasn't sure if the International Committee would buy off on that amendment. He, Tim Navarre and Bill Popp were planning a trip to Washington, D.C. to request funding for the various projects. · April 16th was the official day of the signing ceremony. The intent was to have it at the Kenai Central High School at 2:00 p.m. The President of the Arctic Winter Games International Committee would attend. Senator Murkowski would be in KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 6 OF 20 town that day and would be invited to attend the ceremony. This would be a historic event where all the communities on the Peninsula came together to work for a public purpose. Moore asked who would sign the contract and Brown responded, Mayor Bagley would. Discussion took place on the location of the signing, and Brown stated it was voted unar~_i~ously it be held at Kenai Central High School because of their hard work. Brown added, at the end of school there would be an all-school assembly with the invited guests to join. Porter reminded council April 16u~ was Government Day for many of the KCHS students. Mayor Williams provided the schedule of events for that .day. Brown thanked Councilwoman Swarner and the City of Kenai for their help with the "Kenai Wild" program and the efforts m. having it displayed at Harvard University. ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNC!_LS Assemblywoman Betty Glick reported the following based on activities at the April 1, 2003 Assembly meeting: · Mayor Williams made a presentation regarding the Challenger Learning Center and what some of the potential problems were and what the Borough can do to help. * Chief Shirley Gifford made a presentation on the Local Emergency Planning Commission and the efforts to develop a plan to prepare for any type of disaster. It was possible other local entities would be asked to host a presentation in the future. · The Assembly approved the purchase of four lots in the City of Soldotna for a Central Emergency Services facility. Mayor Williams noted Mayor Bagley expressed some displeasure over the fact the City of Kenai had not made a proposal nor had any communication with him regarding the issue. The City Manager checked the record and noted there had been correspondence via e-mail to Mayor Bagley but the city had received no reply. Williams added, the City Manager would contact the Mayor on April 3rd and would prepare a proposal. The Assembly would receive copies. Glick acknowledged the Assembly and the Mayor did receive a letter from the City of Kenai inviting them to the tour at the PRISM facility. · The negotiated lease for a 30-acre parcel of land was approved for Aardvark Pumping. Glick acknowledged the letter of support from the City of Kenai. ~NAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 7 OF 20 · The Assembly approved the ordinance to clarify the emergency services corn__~umcation system and to revise the membership of the E 11 Board. · The Assembly approved the contract for the design to build room- remodeling services at CPGH. · The Assembly approved reallocating $1,890,474 for work on Soldoma Middle School classroom renovation, Nanwalek roof drainage improvements, Skyview High School water tank, Ninilchik pool repairs and Sears Elementary fire alarm system. Although the use of these unexpended bond funds had been approved by the Assembly it still needed to be approved by the School Board. · There had been some funding from the Department of Community and Economic Development dealing with Safe Communities. This would be utilized by the different emergency services personnel. · An ordinance was introduced accepting and appropriating a grant from the Alaska Division of Homeland Security in the amount of $14,000 for developing commumty emergency response teams. This ordinance would be up for public hearing on May 6th. · Ordinance 2002-19-37 was introduced accepting and appropriating a grant in the amount of $27,937 from the Alaska Division of Homeland Security for updating the Borough's disaster emergency operations plan. · A resolution was introduced supporting SB-136 to raise the current optional residential tax exemption from $10,000 to $50,000. · A resolution was introduced by Assemblyman Paul Fischer to amend the sales tax Code to exempt a portion of gasoline and diesel fuels from sales tax. This issue had been brought up in 1999 but it didn't go anywhere. It was Fischer's intent to put the tax on the gas before the State and Federal taxes were added. The ordinance would come up for consideration on May 20th so the cities could consider the potential impacts. The Assembly requested updated figures to include the Administrative costs. · A previous agenda had a proposal for another service area in the Lowell Point area and the ballot composition stated th~ mill levy would be no more than 1.75, which implied that those who vote on the issue were actually the ones who set the mill levy. The reality of the situation was, even though a service area was created with a specific mill levy, the Assembly could raise the mill levy during budgetary proceedings if it was perceived that additional money was needed to provide services. The ordinance simply clarified mill levies for service areas would be set by the Assembly during a budgetary process. · The Alaska Municipal League sent out a communication regarding a request for State gas revenue sharing letters. There was $750,000 in grants available through the Assistance to the Fire Fighters Grant Program and interested parties were to contact FEMA. Williams confirmed the communication had been received. Glick thanked the city for hosting the tour/meeting on April 1, 2003. KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 8 OF 20 Williams asked if Glick was familiar with HB-91 that had to do with the Public Employee Retirement System. Glick responded she was, but the Assembly had taken no position on the bill. Williams asked council for permission to write a letter of objection to the Legislature regarding HB-91. Williams also requested Finance Director Semmens give an explanation of what the affect of HB-91 would be. Semmens reported HB-91 adds five years of health insurance and benefits to peace officers who were in the PERS system and this would increase the cost of the employer's contribution. Semmens added, the peace officers' rate of 7.5% did not change, but the employers' rate covers that cost. Initially the rate was projected to be. 18%. The fiscal note that PERS attached to the bill set that rate but it also only stated the cost to the State of Alaska, it did not include the cost to municipalities so the legislators were not necessarily aware of the cost involved. Semmens also noted the PERS Board announced the PERS rate would increase by five percent in 2005 and another five percent in 2006, so it was surprising they would support HB-91 knowing those increases were imminent. Semmens did not feel the city should incur those additional expenses for PERS benefits. Semmens explained how the health benefits were applied to the retirement. After a general discussion, the council agreed to have Williams write a letter objecting to' HB-91. Assemblymember'Glick reiterated, the AML was requesting letters regarding the State gas tax revenues sharing. ITEM D: PUBLIC HEARINGS D-X. Ordinance No. 1996-2003 -- Increasing Estimated Revenues and Appropriations by $315,975 in the General Fund to Transfer Inlet Woods Settlement Proceeds to the Debt Service Fund. MOTION: Councilman Bookey MOVED to adopt Ordinance 1996-2003 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Bookey Yes Porter Yes Swarner [Yes Moore Jackman Yes Williams Yes Yes KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 9 OF 20 MOTION PASSED UNANIMOUSLY. D-2o Continuation of Public Hearing/Resolution No. 2003-11 -- Directing the Continuation of the Project Entitled "McCollum/Aliak Paving L.I.D.' and Designating What Improvements were to be Included in This Project. MOTION: Councilwoman Porter MOVED to adopt Resolution 2003-11 Councilman Bookey SECONDED the motion. Public Works Manager Komelis explained the pre-engineering cost estimate noting the City of Kenai would pay 75% ($251,250) and the property owners would pay 25% or $83,700. Komelis also explained the various options and, using the drawing included in the packet, explained Options 1 through 4. Swarner asked about the Kenai Lions Club lot, noting it was a very small lot and with the cost of the paving, the current assessment goes from $700.00 to $10,045. Williams stated it was his intent to ask the council to eliminate the Kenai Lions Club lot from the discussion and for the city to assume the cost of the lot. Williams explained the unusable lot was originally donated to the Lions Club and it was only used for a sign. Williams added, the Kenai Lions Club had done a tremendous amount of community service work. MOTION: Councilwoman Porter MOVED that the City assume the cost of the Kenai Lions Club lot. Councilwoman Swamer SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Komelis continued to explain the four options. Komelis pointed out, once the project was bid there could be a vast difference in figures. Bookey stated the resolution was postponed twice already and the fight-of-way issues made hi~ nervous. Bookey asked if the survey costs were going to be split 75/25 so the public knows they were going to be assessed for that part as well. Komelis replied, the entire project was part of the assessment. Bookey continued, there were a lot of questions needing answers and he was not comfortable in making any decisions at this time. Moore stated this was a very confusing L.I.D. and each time the issue was discussed, more questions were raised, including the actual square footage of each lot until it was surveyed. Komelis stated the only people who would be assessed were those who KEN~ CITY COUNCIL MEETING APRIL 2, 2003 PAGE 10 OF 20 would benefit from the project, but Lot 53 accesses Spur Highway directly, so it was not included. Pat Faulkenburg, Kenai, Alaska, expressed concern the Quades would lose a lot of property because they don't have a very big lot. Komelis again explained the drawing and a short discussion took place regarding the various lots, the rights-of-way and who may be affected. Williams provided a history of the lots in the area. Porter asked how the square footage on the lots could be obtained without a lot of expense. Komelis replied, he felt the numbers were fairly accurate. Komelis continued, the proper way to get the exact square footage was to hire a certified surveyor and the cost would probably be under $1,000.00. Moore stated he felt there was more work to do, but the decision on square footage or linear footage needed to be made at this meeting. Williams commented, once the understanding of the total cost was made, then the issue would come back for allocation and everyone would have the option then to object and stop the project. Bookey asked what would happen if the money was appropriated for the first phase and the number was not acceptable to the public. Williams stated the project would be stopped. Komelis pointed out the Council can stop the project, not the public. Swarner asked if the expenditures for the survey would be taken out of the road improvement fund and Williams replied it would. Porter called for question on Resolution 2003-11 and Komelis reminded council the resolution, as it was written, was for Option 2. Williams allowed more public hearing and Porter withdrew her call for question. Janine Espy, 403 McCoHum Drive, Kenai, Alaska- Ms. Espy stated she reviewed the new options of the assessments and thanked the city for the work in preparing them. Espy continued, she and her husband originally were in favor of the linear foot option but after review of the others, she encouraged council to consider Option 4. Espy noted, although she would incur more cost, it would most fair to the neighbors. Espy added, she was concerned with how this issue was being handled as it seemed to have pitted neighbors against each other. Barbara Waters, 311 Kulula Place, Kenai, Alaska- Waters stated she was speaking on behalf of the elders of the Grace Brethren Church. Waters stated she also appreciated all the work done on the L.I.D. She said the Church had also asked for linear feet in the past, which would be Option #2. However, after review and concurrin§ with many of the neighbors, she had been authorized to su§§est that Option #4 be accepted. Waters added, speedin§ on McCollum was retable already and KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 11 OF 20 she felt it would get worse with a paved road. Since they are a church and a neighborhood with several small children, they were requesting signage placed indicating there were children present. Waters also asked for additional police coverage. Waters reiterated they strongly encouraged Option #4. Williams stated it went without question proper signage would be installed. Komelis stated "Children Present" was not a legal sign, but pedestrian and stop signs could be used. JoAn Buzzell, 11-3 Aliak Drive, Kenai, Alaska- Buzzell stated she had also been in favor of the linear footage but was willing to go along with Option #4 if that was what the neighbors prefer. Buzzell added, speeding signs would be required on McCollum and Aliak as kids tear through there at unreasonable speeds at all hours of the day and night. No further public comment. Porter asked if all neighbors saw the various options. After a general discussion, it was unsure whether all neighbors were aware of all options. AMENDED MOTION: Councilwoman Porter MOVED to amend Resolution 2003-11 to change it to Option #4. Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDIERED. VOTE ON MAIN MOTION: Bookey Yes Porter Yes Jackman Yes Yes Moore Yes Williams Yes MOTION PASSED UNANIMOUSLY. BREAK TAKI!IN: 9:30 P.M. BACK TO ORDER: 9:40 P.M. D-3o Continuance of Public Heating/Resolution No. 2003-16 -- Increasing the Water and Sewer Rates. MOTION: KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 12 OF 20 Councilwoman Jackman MOVED for continuation of the public hearing for Resolution 2003-16 and Councilwoman Swarner SF~ONDRD the motion. Williams pointed out the packet included the rate studies, finance plans and a report by consultant CH2M Hill. Williams explained the resolution called for a 15% increase in water rates and a 17.8% increase in sewer rates in an effort to assure adequate resources for the water and sewer fund for FY-2004. Williams pointed out there had not been a raise in the water and sewer rates for ten years. Williams added, with inflation, the age of the plant and equipment, and the additional ~well, the enterprise funds were slowly depleted. Wi!l/ams explained the enterprise funds. There were no public comments. Bookey stated he received a call from an individual who owns two car washes in town who said a 30 to a 35% rate increase would be very detrimental. This individual was out of town so asked Bookey to request the increases be done in smaller increments, such as ten percent on water and 12.5% on sewer for the next two years then look at it again. Bookey stated he would not support the resolution as it was and felt the city should have kept better track of the funds and not let it get to this point. Porter stated she didn't think it was time for such a large increase and it should be gradually eased into. Moore asked what Administration would have done without having the study. Semmens replied, in the 2003 budget transmittal letter he advised of the water and sewer study and at that time expected substantial increase to the rates. Semmens added, this proposed increase should not come as a surprise as he had talked about it for at least a year. Semmens explained some of the increases with cost, population and improvements and noted this was all done without any rate increases. However, $1.2 million was taken out of the fund for various projects and now the Fund doesn't have adequate resources. Semmens also mentioned the regulation changes to water standards so money would need to be spent to treat the water in the city. Semmens pointed out the consultant recommended a 30 to 35% increase, but it appeared the consensus was to raise the rates in stages. Semmens encouraged council to not make the stages so small that they wouldn't generate the money necessary to do the capital projects when they arise. Semmens stated, if his projections were correct, the fund would end up with a $350,000 balance at the end of 2004. Moore asked if this included the projected lapse and Semmens answered, there was no lapse in the General Fund. The budget was not slashed in the water and sewer fund. Semmens continued, it was cut back as much as thought prudent and noted this was totally separate from the General Fund. KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 13 OF 20 Swamer asked why Adrn_Jnistration didn't ask for the increase two years ago. Semmens replied, the rate increases were never going to be popular but the main reason it wasn't brought forward two years ago was there was a fund balance of $1.2 million. Semmens explained what was expended frOm fund balance. Swamer thought better planning should have taken place. Jackman asked about increasing the rates by ten percent over a five-year period. Semmens answered, some,was better than none; but with the capital projeCt schedule, the money may not be available for them. Williams stated there had been a tremendous amount of work in the systems over the past ten years but never raised the water and sewer rates. Williams added, he appreciated the business owners being concerned about cost; but if the city raises the rates, the business owners can raise their rates as well. Williams continued, the city was suffering from the same issues of increase in insurance rates, health costs, etc. Williams commended Administration for coming back with a 15 and 17% increase. Bookey stated everybody in the community was in the same boat so when rates were raised in one area it was passed down the line; there was a point of no return and that's what several of the business people were concerned about. Bookey added, in the past everything was done with cash and that doesn't necessarily have to continue with this project as there were bonding issues that could take place. Williams, in response to Bookey's comments, stated there were changes all across the board but at some point in time council would have to make a decision without regard to the wishes of those who want everything as cheaply as they could possibly get it. Williams added, the council shouldn't shirk their responsibility in public health and safety. Bookey stated it was difficult for him to put more on the backs of the public at this time and he didn't see that it should happen at this point~ John Mellish, Kenai, Alaska- Mellish reported he had commercial property and a personal home within the City of Kenai and agreed a good water and sewer system was needed. Mellish said personally he'd say go for the 30 to 35% and he would be forced to raise his rates and that would be difficult for his tenants. Mellish continued, you couldn't run the water and sewer bare bones then later have to fred money for repairs and maintenance so he thought the rates should be increased now and not later. MOTION TO AMEND: Councilwoman Swamer MOVED to amend Resolution No. 2003-16 to increase water by 10% and sewer by 12%. Councilman Bookey SECONDED the motion. ~NAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 14 OF 20 VOTE ON AMENDED MOTION: Bookey Yes Porter Yes Swarner Yes Moore Yes dackman Yes Willies No AMENDMENT PA~SED. · Moore stated he didn't want the council to be viewed as cutting comers in lieu of safety and noted it appeared the rates were increased so the projects could be funded by cash. Se_m__mens responded, the study said if debt financing was used to fund a portion of the projects then it was recommended the rates be increased 30 and 35%. Semmens continued, if it was going to be done with cash then the recommendation was to increase the rates 90 and 100%, so it was not the intent to do the projects with cash. Williams provided a report on the proposed operating budget of the Water and Sewer Fund. VOTE ON MAIN MOTION: Bookey Yes Porter Yes Swarner Yes Moore Yes Jackman Yes W/Il/ams No MOTION PASSED. 9'-4. Resolution No. 2003-19 -- Transferring $8,000 in the Airport Land System Revenue Fund for Overtime. MOTION: Councilwoman Swarner MOVED to approve Resolution No. 2003-19 and requested UNANIMOUS CONSENT. Council member Jackman SECONDED the motion. There was no public or council comments. VOTE: There were no objections. $O ORDERED. ITEM E: COMMISSION/COMMITTEE REPORTS KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 15 OF 20 E-1. Council on Aging-- Councilwoman Swamer reported the a meeting was scheduled at 10:00 a.m. on April 3rd at the Senior Center. There was no quorum at the March meeting. E-2. Atrport Commission -- Councilwoman dackman reported the following: · A joint work session was scheduled for April 10, 2003. Williams stated there would not be a jOint work session on April 23 the FAA representatives would not be able to attend. The regular meeting would take place at its regular time on April 10th but would be held in the City Clerk's conference room. Jackman asked if the parking issue was on the agenda again and the Airport Manager replied, it would not be on the agenda as it was uncertain whether there would be a quorum. E-3. Harbor Commission -- Councilman Bookey reported the next meeting was scheduled for Monday, April 7th in the City Clerk's Conference room. Komelis added there was a very light agenda. E-4. Library Commission -- Council member Moore reported the following: · New computers were being received at the library from the Gates Foundation. The Library Director added, additional material was still being received and training in Anchorage was just completed. It was also noted an open house would be scheduled for late summer or early fall to demonstrate the new computer systems. · The Library Commission discussed their concerns about the budget and subsequent cuts. · Emily DeForest announced the Library received a grant from Conoco/Phillips to fund the kick-off of 'rum-Off TV week, which would start on April 21st. E-5. Parks/h Recreation Commission -- Councilwoman Porter reported the Commission would meet on April 3, 2003. E-6. Planning Ih Zoning Commission -- Councilman Bookey reported the following: · The Planning and Zoning Commission met on March 26th; it was very short and brief meeting. · He announced he would be out of town for the next Planning and Zoning meeting and Councilwoman Porter agreed to attend the meeting. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Councilwoman Swamer reported the next regularly scheduled meeting was April 8, 2003 at 7:00 p.m. The Committee would be considering various flowers as planting season was near. KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 1§ OF 20 E-Tb. Kenai Convention tis Visitors Bureau Board-- No report. Discussion took place on the renovations being made at the Visitors Center and since the city owns the building the plans and associated costs need to be reported. E-7c. Alaska Municipal League Report -- Councilwoman Swarner reported she would be attending the conference in Juneau on April 23 and 24, 2003. E-7d. Kenai Chamber of Commerce -- Mayor Williams announced there was a new director of the Chamber. ITEM F: MINUT~ F-X. agenda. Minutes from February 20, 2003 Work Session -- Approved by consent ITEM G: ITEM H: CORRESPONDENCE-- None OLD BUSINESS-- None ITEM I: NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Bookey MOVED to pay the bills and Councilman Moore SECONDED the motion. A brief discussion took place on the material in the packet. VOTE: There were no objections. SO ORDERED. Purchase Orders Exceeding $2,500 MOTION: Councilman Bookey MOVED to pay the purchase orders and Councilwoman Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 17 OF 20 Moore asked the Airport Manager if the invoice was designed to take care of the north side of the fence. Cronkhite confirmed it was. VOTE: There were no objections. SO ORDERED. I-3o Discussion: Set date for budget work session. Council reviewed the information included in the packet and the current work session dates were confirmed to be April 7, April 10 and April 15. Moore requested, when the departments make their presentations, they be specific about their cuts. Sem__mens responded each council member received a copy of the proposed budget and he encouraged them to read the transmittal letter first. He said the letter was a summary of the major events in the budget and it would address many of the questions, but the department heads would have details. Swarner expressed concern a detailed proposal from the Boys and Girls Club hadn't been presented and there was a work session scheduled for Monday, April 7m. Williams responded the proposal would be available on Monday night. Swamer stated all she had seen was a letter and City Manager Snow indicated that was all that had been received, adding the Boys and Girls Club would do a power point presentation on Monday night. Swarner asked if they would bring samples of how other communities handle the situation and Snow stated a list of those communities was available. Swarner stated she would like to see brochures from other commumties. Williams pointed out the work session schedule indicated additional meetings could be scheduled as needed and requested, that copies of the budget be made available to the five council candidates and other interested individuals. Discussion: Dip net parking and boat launch fee increase. MOTION: , Councilman Moore MOVED to approve the dip net parking and boat launch fee increase and Councilwoman Porter SECONDED the motion. Porter stated she thought State Parks should be asked for money as well. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 18 OF 20 *Ordinance 1999-2003 -- Amending KMC by Adding Chapter 12.40 that Eliminates Smoking in Public Places and Workplaces Except Private Clubs. Introduced by consent agenda. *Ordinance 2000-2003 -- Increasing the Council on Aging Title III Fund by $50,000 for the Purchase of Food. Introduced by consent agenda. ITEM J: REPORT OF THE MAYOR J-1. Mayor Williams reported the following: · KPICC would meet on Friday, April 4. They wanted to know if anyone was going to attend the reception and asked for RSVP's. · · Judge Link's memorial service was scheduled for Saturday at 1:00 p.m. at the courthouse followed by a wake at Paradisos. · Steve Horn resigned from the Challenger Learning Center to take a position with CIRCAC. A letter dated March 3, 2003 was received from the Division of Elections regarding the change in polling places. The letter explains some of the problems the Division had encountered in changing the polling places. Williams drew attention to the Fax Alert regarding gas tax. ITEM K: ADMINISTRATION REPORTS K-1. City Manager Snow reported the following: · She expressed appreciation to those involved in putting together the EOC tours and the luncheon. Chief Kopp had been reviewing the fees at the Animal Control Shelter with the Animal Control Officer and there would be a recommendation to increase the adoption fees. It was noted the fees have not been increased in over 12 years and the local veterinarians have to absorb many of the costs in sterilizing the ar~_imals. · Fish & Game participated with the Corps and other agencies the previous week in a project area tour. It was reported the environmental and sedimentation analyses scheduled for late March and early April would be delayed by a couple of weeks because of weather. It was also noted, time for the Corps to provide another written report and Snow would request and reiterate the need for funding information KENAI CITY COUNCIL MEETING APRIL 2, 2003 PAGE 19 OF 20 as well. A representative was willing to come to a meeting to give a presentation when Council feels it necessary. K-2. City Attorney -- Attorney Graves reported the next meeting packet would have ordinances recommending the adoption of the international fire and building codes. Also presented would be an ordinance adopting a different uniform bari schedule. K-3. City Clerk -- Acting City Clerk Padflla reported the following: · Clerk Freas would return to work on Monday, April 7~. · The work session on Monday, April 7m was originally scheduled for 7:00 p.m. and had been changed to 6:00 p.m. Semmens stated, while listening to the Borough Assembly meeting, he heard Mr. Moss state the Assembly hadn't heard anything from the cities on the gas tax issue. Semmens continued, he wasn't sure if the statement was made in an effort to alert the city to the fact this gas tax, which was estimated to be $42,000 previously, was now going to be a lot higher. Semmens stated this was a bigger issue for the City of Kenai than it was for the Borough. Semmens added, a statement was also made the Assembly was looking for consistency in the taxing by the cities and the Borough. The Borough now had requested Senator Wagoner to sponsor a $50,000 residency exemption. Semmens stated it could not be done in the City of Kenai and there seems to be great concern by council of unfairly taxing the business sector and that's exactly what a $50,000 exemption would do. It would take away from the homeowner and put it on the business owner. Semmens explained some of the problems should SB-136 was authorized. Discussion took place regarding SB-136 and the subsequent problems. Assemblywoman Glick announced the bill was heard in committee and another hearing was scheduled. Glick recommended council members check with LIO for the time. Swarner announced a constituent teleconference was scheduled for 6:00 p.m. at the LIO. Bookey asked what it would cost the city and Semmens didn't have the information available. ITEM L: DISCUSSION L-Xo Citizens -- No comments. L-2o COUlIcil Bookey-- No comments. Swarner-- Reported the following: KEN~ CITY COUNCIL MEETING APRIL 2, 2003 PAGE 20 OF 20 · She was invited by KDLL to be in a coffee table discussion on April 9th to talk about the smoking ordinance. · Invited the Council to an open house at the Food Bank on April 4, 2003 from 4:00 p.m. to 6:00 p.m. and stated if anyone needed to do volunteer hours the Food Bank would accept them. Moore -- Thanked Padilla for filling in for the City Clerk. Porter-- No comments. Jackman -- No comments. EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at 11' 10 p.m. Minutes submitted by: Sheryl A. Padilla, Acting City Clerk Z Z 0 o,~' 0 m Z -- Z z 03 03 ~:) LU W W o ~ ~ 0 :::3 ::3 ::3 0 0 0 0 uJ ~ w <C w O3 C.'3 0 ::3 <I:: -- w (/) n,' o3 n ('3 w (.9 ~ -- w n,' 0 w ~ W 0 w ~ 0 ~ 0 z <~ ,~ 3: w I- Z u,I > Z 0 0 0 0 0 0 0 0 0 0 0 LU I.U 0 0 n,' "r' w 0 ::C Z 0 >. z 13:: ,~ w 0 n~ 0 LU ~ o o o o o 00 o o o o o w- o w- ~A~ o) o (o Z n,' Z 13:: 0 0 0 0 u.! w w 0 w Z ~ u_ n ~ 0 0_ n Z ~ 0 z ~ 0 -- < 0 n,' u_ Z .j I- -r ~ Z n,' Z ~ n 0 -- Z n ~ m ~ z _ w z m:::> 0 _~ n-~ __ ~ _ o o n,' I.U Z 0~>- o (o o LU CITY OF KENAI "0il Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM: DATE: SUB J: Linda Snow, City Manager Lawrence A. Semmens, Finance Directo April 9, 2003 Dust control program purchase orders The dust comrol program is cut from the FY 2004 budget unless the Council adds it back in. While this program is in the budget for FY 2003, Council may want to discuss whether this expenditure should be made this year. When the FY 2003 budget was enacted the deficit was $170,900. The currem projection for the end of year deficit (after the lapse) at June 30, 2003 is $417,587. The actual deficit could be higher or lower than this depending on both revenues and lapsing expenditures. I do not imend to question every budgeted expenditure, but some large items that are not included in next year's budget do seem worthy of discussion in light of our currem financial situation. · na! Municipal Airport Memo To: From' Linda L. Snow- City Manager Rebecca Cronkhite - Airport Manager Date: April 8, 2003 Subject: Airport Triangle Landscaping Project The primary entrance to the Kenai Airport from the Spur Highway involves a large green strip commonly referred to as the Airport Triangle. Trees planted in front of the flagpoles are obscuring the flags and detracting from this landmark (see attachments A & B). Because the Triangle is a signature park area for not only the Airport but the entire City of Kenai, I felt it was important to look for a landscaping plan that would enhance the area and contribute esthetically to the City as a whole. Steve Booth of Booth Landscaping has provided a conceptual plan (attachment C) that incorporates Iow decorative bushes with metal fish in an easily maintainable garden. Both the Parks and Recreation and Airport Commissions have approved the design and recommended Council approval. The project requires a purchase order to Booth Landscaping for $9,706 and one to Sherman Signs for $4,650. Funds are available in the Airport Land Repair and Maintenance budget. Steve Booth plans to attend the Council meeting and address questions and provide additional information. Bob Frates, Parks and Recreation Director, has been involved in this project and will also be available to address questions. www. ci.kenai.ak, us. ATTACHMENT ,A · ATTACHMENT B .... . . · o r .. K~I MblHICIF'Ab Atl:Z.F~ Booth's Landscaping P.O. Box 2878 Soldotna, AK 99669 Landscaping Quote DATE ESTIMATE # 12/4?02 71 Nra,ME / ADDRESS CITY OF KENAI 210 FIDALGO AVE., KENAI AK 99611 Kenai Airpo, rt Planter PROJECT ITEM Shrubs Shrubs Shrubs Tree Planting Misc. Mat. Fabric Rock Tr~ Planting DESCRIPTION QTY Landscape/Constxuction ReNew Kenai AirPort Planter In front of flag poles. Remove Trees and Shrubs from existing planter and replace as shown on drawing. Install Cedar Sign and Metal fish i As Per Draxx~g and Spccificalions: · Mc'mi Salmon Installed Install cedar siam ( NOTE: SEE SIGN BID) i Olobo Blue Spruce InstalledNest Spruce Installed svir~ tusta~cd Deliver and install Amur Chokccherry Trees Misc. Materials Remove Existing Trees and shrubs m Planter Install Landscape Fabric Rook Ius~ Or-er Land, ape Fabric Deliver and install 5'-6' Colo. Spruce 13 1 15 11 16 2 l 1 1 4 TOTAI.. 2.990.00 385.00 1,782.00 385.00 424.00 450.00 650.00 350.00 390.00 1,900.00 THANK YOU ! TOTAL $9,706.00 MUnlCI#BI Alflim Becky 283-7951 Fax 283-3737 4/8/03 Quantity 1, single sided 3ft x 12ft x 2in carved cedar sign $3,850.00 not installed Add $800..0.0 for 23k gold leaf on Kenai Municipal Airport letting only 0 907- 262-4294/ fax 260-1997/www. gfshermansigns.com TO"~ ~66T 09E ZOG $N~I$ N~Wa3H$ W~ CO:T! £0--80-~ Suggested by: Building Official CITY OF KENAI ORDINANCE NO. 2001-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC TITLE 4 AND KMC TITLE 14.20.220 TO ADOPT: 1) THE INTERNATIONAL BUILDING CODE, 2000 EDITION OF THE INTERNATION~ CODE COUNCIL; 2) THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2000 EDITION OF'THE INTE~ATIONAL CODE COUNCIL; 3) THE INTERNATIONAL MECHANICAL CODE, 2000 EDITION OF THE INTERNATIONAL CODE COUNCIL; 4) THE NATIONAL ELECTRICAL CODE, 2002 EDITION OF THE NATIONAL FIRE PROTECTION ASSOCIATION; 5) THE INTERNATION~ FUEL GAS CODE, 2000 EDITION OF THE INTERNATIONAL CODE COUNCIL; AND 6) THE; INTERNATIONAL P~SIDENTIAL CODE, 2000 EDITION OF THE INTERNATIONAL CODE COUNCIL. WHEREAS, the City of Kenai has been operating on 1997 and 1999 building codes; and, · . WHEREAS, the International Code Council, the International Association of Plumbing and Mechanical officials, and the National Fire Protection Association have updated the codes promulgated by them; and, · WHEREAS, it would be moat beneficial and in the best interest of the City ff the latest codes were adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the above-named codes are adopted by the City of Kcnai, and KMC 4 and KMC 14.20.220 are amended to read as presented on Attachments A and B of this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of May, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk (4/$ / 03 - sp) Introduced: Adopted: Effective: April 16, 2003 May 7, 2003 June 7, 2003 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO: FROM' DATE' SUBJECT: Linda Snow, City Manager Larry Semmens, Finance Director Jack La Shot, Public Works Manager~?co~- April 3, 2003 International Building Code Adoption and Fees The Building Official has neady completed his review of the new International Building Code and has compiled the recommended changes to KMC to allow the City of Kenai to adopt this code. Most jurisdictions have adopted or soon will be adopting the new code. Attached is a draft of the documents for the ordinance. Within the ordinance, we must stipulate the methodology for charging building permit and plan review foes. The International Code gives no guidance on this matter and leaves it to each individual jurisdiction. This is an ideal time to review the fees charged in light of the present state of revenues and the need to adopt the new codes. We proposed to adopt "Table 1-A Building Permit Fees" from the 1997 Uniform Building Code for commercial construction projects. We currently use this table and will be in line with most other jurisdictions. For residential construction, however, we recommend that rates be significantly increased. Rates charged for permits and plan reviews have not changed for many years. Attached is a memorandum from Robert Springer, Building Official, that recaps · our current rates and rotes of other jurisdictions around the state. Also for comparison purposes, them is a table that summadzes the foes that would be charged by each jurisdiction for a typical 2,000-square-foot home with a 600-square-foot garage. As we would like to introduce the ordinance at the next City Council meeting, or possibly the first meeting in May, we would like some guidance on what rates to put in the ordinance. We are recommending doubling the residential building permit fee and raising the plan review fee from 20% of the building permit fee to 50%. This would put the typical home in the table at $966.00. We would still have the lowest total fees on the Peninsula and the second lowest in the entire State of Alaska. Let me know if you need more information or if you would like to meet to discuss this matter. Attachments MEMO: CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 TO' FROM: Jack LaShot, Public Works Manager Robert Springer, Building Official ~ DATE: April 2, 2003 SUBJECT: BUilding Permit Fee's This is to summarize the Permit Fees charged across the State of Alaska: Building Permit Fees: 1. The following charge per square foot for Residemial Kenai .14 house .07 garage _ Valdez .16 house .10 garage Kodiak .15 house · 10 garage 2. The following charges by valuation fi'om Table 1A o f UBC Seward Residential & Commercial Soldotna Residential & Commercial Palmer Residemial & Commercial Fairbanks Residential & Commercial Kenai Commercial only 3. The following charges by valuation from a table they created Sitka Residential & Commercial Juneau Residential & Commercial Anchorage Residential & Commercial Kodiak Island Borough Residential & Commercial -Valdez Commercial Only Kodiak Commercial Only 4..~ Plan Review Fees - % of Building Permit Fees Kenai 65% Commercial 20% Residemial Valdez 50% Commercial & Residemial Kodiak 65% Commercial ' 50% Residemial Seward 65% Commercial & Residential Soldotna 65% Commercial -No Charge for Residential Palmer No Charge for Commercial or Residential Fairbanks 75% Commercial & Residential 15% Fire Code Commercial Only Sitka 65% Commercial 33% Residential Anchorage 65% Commercial & Residential 20% Fire Code Commercial Only Kodiak Island 65% Commercial Boro ugh 50% Residem iai Juneau Per table created by City o f Juneau . , 4/2/2003 2 Cost Co,,moarison of Building Permit Fees for a 2000 sf SinRle Family Dwelling with 600 sf garaee In Various Cities of Alaska Anchor~ F~irbanks Seward Juneau Residential Permit Fee $~,187.2~ $3,04].26 $2,429.6~ $1,81~.68 Kodiak ISland Borough Soldoma Palmer ' Sitka Valdez Kodiak , Kenai $1,579.00 $1,436.15 $1,436.15 $1,255.36 $1,042.50 $939.00 $386.40 Note: HOmer and Wasilla have no building permit program however, the State Fire Marshals office charges a plan review fee for commercial construction based on 65% of valuation. 2002 Residential Building Permits for the City of Kenai Total - 89 Total Permit Fee's Collected- $20,431.00 4/3/2003 3 Chapter 4.05 [UNIFORM] BUILDING CODE 4.05.010 Adoption. There is hereby adopted for the purpose of establishing roles and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location, and maintenance of buildings and structures, including permits and penalties, those certain bound volumes known as the "[UNIFORM] International Building Code," [1997] 2000 Edition, of the International [CONFERENCE OF BUKDING OFFICIALS] Code Council, including the appendices, except for such portions as are herein deleted, modified, or amended, and the same is hereby adopted and incorporated as fully as if set out verbatim herein. 4.05.015 Local Amendments t,0 the International Building Code 2000 The International Building Code (I.B.C.) Chapters 1-12, 14-28, 30-32, 34-35, Appendix C and A_t~pendix H (2000 Edition) are adopted by reference to regulate all occupancies and buildings with the following revisions: 101.4.1 Electrical. · . Delete reference to "ICC Electrical Code" and insert reference "National Electrical Code as adopted by KMC." 101.4.4 Plumbing. Delete reference to "International Plumbing Code" and insert reference "Uniform_ Plumbing Code as adopted by KMC." 101.4.7 Enerkvv. Delete this .section. 106.3.4.1 General. Revise third para_graph, first sentence of the I.B.C. to read: Structural observation shall be. as required by Section 1709. 108.3 Buildin~ ~ermit valuations. Add the following to the last sentence: ...from the Building Valuation Data Table shown in-the latest edition of the building standards magazine published by the International Conference of Buildin~ Officials. Ordinance No. 2001-2003 Attachment A Page 1 of 45 108.4 Work commencing before permit issuance. Add the following: This fee shall be the same as the building permit fee. 201.3 Terms defined in other codes. Delete reference to "International Plumbing Code" and insert reference to "Uniform Plumbing Code as adopted by KMC." Table 302.1.1 Revise wording in the first block under the left column to read: Furnace rooms in E and R-l, R-2 and R-4 occupancies regardless of Bm input, and furnace rooms of all other occupancies where the largest piece of equipment is over 400,000 Bm per hour input. 302.3.3 Separated uses. Revise the first sentence in Exception 2 to read: The private garage must be separated from the residence and its attic with Type X _g~_ sum board, as defined in GA 600, applied to the garage side. Add the following to the end of the second sentence: ...and all such door openings must have self-closing and latching devices or be automatic closing and latching. 305.2 Day care: Revise to read: , The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five children older than 2 ½ years of age, including children related to the staff, shall be classified as a Group E occupancy. 305.2 Day care. Add a new exception to read: Exception: Family child care homes (R-3) operating between the hours of 6:00 a.m. and 10:00 p.m. may accommodate.a .total of 12 children of any age without conforming to the requirements of this regulation (E occupancy) except for smoke detectors as described in Subsection 907.2.10, means of egress requirements of Section 1003, including emergency Ordinance No. 2001-2003 Attachment A Page 2 of 45 escape and.rescue openings (as required by Section 1009) in napping or sleeping rooms, and fire extinguisher requirements as described in the International Fire Code. 308.3 Group I-2. Revise last sentence to read: A facility such as the above with five or fewer persons, including persons related to the staff, shall be classified as a Group R-3. 308.3.1 Child care facili ,ry. Revise to read: A child care facility that provides care on a 24-hour basis to more than five children 2 ¼ years of age or less, including children related to the staff, shall be cl~sified ~s Group I- 2. 308.5 Group I-4~ day care facilities. Revise Second sentence to read: A facility such as the above with five or fewer persons, including persons related to the staff, shall be classified as a Group R-3. · 415.7.4 Dry cleanine tflants. Delete reference to "International Plumbing Code" and insert reference to "Uniform_ Plumbing Code as adopted by KMC." 415.9.2.8.1 General. Delete reference to "ICC Electrical Code" and insert reference to "NatiOnal Electrical Code as adopted by KMC." 501.3 Location on property.. Add new section to read: Buildings must adjoin or have access to a permanent public way or yard on not less than one side. Required yards must be permanently maintained. 504.4 Day care facilities. Add new,s.e.cfion to read: Ordinance No. 2001-2003 Attachment A Page 3 of 45 Facilities that are operated in a primary_ residence (R-3) between the hours of 6:00 a.m. and 10:00 p.m., and accommodating up to a total of 12 children of any age may use the second story_ of the building without providing an automatic sprinkler system, or complying with Table 302.3.3, Table 602, and the Type VA requirements set out in Table 503, if all other applicable legal provisions for an E Occupancy are met. Table 601 Revise Footnote "d." by adding the following sentence: In Group E Occupancies, an automatic sprinkler system may be substituted for one-hour fire-resismce-~,ated-constmction if the system complies with the design requirements of · Section 903.3.1.1. 716.4.2 Groups R-1 and R-2. Revise to read: Draft stopping.must be provided in attics, mansards, overhangs or other concealed roof spaces of Group R-2 buildings with three or more dwelling units and in all Group R-1 buildings. The intervening space between any two dratt-stops or walls must be designed for adequate cross ventilation as described in Section 1202.2. Draft stopping must be installed above, and in line with, tenant and dwelling separation walls that do not extend to the underside of the roof sheathing above. 716.4.2 Groups R-1 and R-2 Revise Exception 3 to read: Draft stopping in attic spaces.of Group R-1 and R-2 occupancies that do not exceed four stories in height may be installed so that the area between draft stops that extends from the ceiling to the roof does not exceed 3,000 square feet, and the greatest horizontal dimension does not exceed 60 feet. The draft stops do not have to be located directly above or in line with walls separating tenant spaces, unless part of construction required by other provisions of this code. Adequate cross ventilation must.be provided in accordance with Section 1202.2. 803.8.1.1 Suspended Acoustical Ceilings Revise the last sentence by,adding~ . .. and Section 1621..2.5 for seismic, requirements. 903.2.2 Group E Revise to read: Ordinance No. 2001-2003 Attachment A Page 4 of 45 An automatic sprinkler system must be provided throughout all Group E occup_ancies; An automatic sprinkler system must also be provided for every_ portion of educational buildings below the level of exit discharge. Exceptions' Buildings with E occupancies having an occupant load of 49 or less. Day care uses not otherwise required to have an automatic spri,'nlder system by other provisions of the code. Day care uses that are licensed to care for,more than 5 persons between the hours~ of 10 p.m. and 6 a.m. must be equipped with an automatic sprinkler system designed _and installed as described in Section 903.3.1.3 or an approved equivalent system. 903.2.9 ,Group R-4. Delete the words "with more than eight occupants." 903.3.1.1 NFPA 13 sprinkler systems. Revise by adding a new subsection to read: 903.3.1.1.2 Elevator hoist ways and machine rooms. Where the provisions of this code require the installation of automatic sprinkler systems, the installation in elevator hoist ways and machine rooms must occur as described in NFPA 13, Section 5-13.6.1 and ASME Al7.1 Safety Code for Elevators __and Escalators. .Exception: Sprinklers are not required in an elevator machine room where the machine room is: (1) Separated from the remainder of the building as described in Section 3006.4; (2) smoke detection is provided in accordance with NFPA 72 and, (3) notification of alarm ac.ti.v..a, tion is received at a constantly monitored location. 903.3.5 Water supplies. Delete reference to "International Plumbing Code" and insert reference to "Uniform Plumbing Code as adopted by KMC." 904.3.1 Electric wirin1~. Delete reference "ICC Electrical Code" and insert reference to "National Electrical Code as adopted by KMC." Ordinance No. 2001-2003 Attachment A Page 5 of 45 907.2.3 Group E Add second paragraph to read: Rooms used foi' sleeping or napping purposes within a day care use of a Group E occupancy must be provided with smoke detectors that comply with Section 907.2.10.1.2. 907.3.1 Location. Delete the exception. 907.5 Wirinu. Delete the reference "ICC Electrical Code" and replacing it with "National Electrical Code as adopted by KMC." 907.17 Record of completion. Add new sentence to read: A copy of the acceptance test certificate verifying completion in accordance with N.F.P.A. 72 must be forwarded to the Kenai Fire Marshal by the firm conducting the test within 30 days of the completion of the installation. 909.11 Power systems. Delete the reference "ICC Electrical Code" and replacing it with "National Electrical Code as adopted by KMC." 909.12.1 Wirine. Delete the reference "ICC Electrical Code" and replacing it with "National Electrical Code as adopted by KMC." 909.16.3 Control action and priorities. In' the excep.ti, on, delete the reference to "ICC Electrical Code" _and insert the reference to "National Electrical Code as adopted by KMC." 1003.2.10.5 Power source. Delete the reference to "ICC Electrical Code" and insert the reference to the "National Electrical Code as adopted by KMC." Ordinance No. 2001-2003 Attachment A Page 6 of 45 1003.2.11.2 Illumination emergency power. Delete the reference to "ICC Electrical Code" and insert the reference to the "National Electrical Code as adopted by KMC." ., 1003.3.1.9 Panic and fire exit hardware. Revise by changing the number "100" in the fourth paragraph to "50." 1003.3.3 Stairways: Add exception to read: Exception: Stairs or ladders used only to attend equipment are .exempt from the requirements of this section. 1005.2.1 Minimum number of exits. Add exception to read: Exception: Basements or the first level below the first'story_ in all occupancies except R- 3, used exclusively for the service of the building may have access to only one exit. Any other use of the basement or first level below the first story must have at le_ast two exits arranged as described in Section 1004.2.2. For purposes of this exception, storage rooms, laundry_ rooms, maintenance offices and similar uses may not be considered as providin~ service to the building. 1009.1 General. Revise this section by deleting all exceptions. 1102 Definitions. Add the following definition: CONVENTIONAL INDUSTRY TOLERANCES. Plus or minus ½ inch up to 36 inches and plus or minus 1 percent over 36 inches. Slopes may be plus or minus 1 percent: 1103.2.4 Detached dwellines. Delete "one- and two-" and replace with "one-, two-, and three-." 1103.2.11 Residential Group R-I Add the following at the end of the sentence: ...are not required to be accessible." Ordinance No. 2001-2003 Attachment A Page 7 of 45 1104.4 Multilevel buildings and facilities. Delete Exception 1 and replace with the following: Exception 1' Elevators are not required in facilities that are less than three stories, or that have less than 3,000 square feet per story unless the building contains offices of health care providers (Group B or I) passenger transportation facilities and airports (Group A-3 or B) or multiple tenant facilities of Group M. 1105.1.1 Public use areas. o Add new section to read as follows: 1105.1.1 Public use areas. The door opening force shall not exceed a 5-pound force. Exceptions.' A power-assisted door is installed. · . Someone is within line of sight of the door and available for assistance during business hours. 1. An electronic signaling device is installed in accordance with ICC/ANSI 117.1 Section 702. 1106.1 Required. Add the following at the end of the paragraph: Accessible car spaces shall be at least eight feet wide with an access aisle at least five feet wide abutting the space. One in every_ eight accessible car spaces shall have an abutting aisle eight feet in width. Accessible car space access aisles shall be part of an accessible rome to the building or facility entrance. Two accessible car spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible rome. Accessible car spaces and access aisles shall be level with surface slopes not exceeding one to 50 in all directions. Accessible car spaces serving a particular building shall be located on the shortest accessible rome of travel fi'om adjacent parking to an accessible entrance. The accessible route of travel shall not pass behind parking spaces. In parking facilities that do not serve a particular building, accessible car spaces shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible car spaces shall be dispersed and located closest to the accessible entrances, Ordinance No. 2001-2003 Attachment A Page 8 of 45 Accessible car spaces shall be designated as reserved by a sign showing _th_e symbol of accessibility. Van-accessible spaces shall have an additional sign reading "Van_- Accessible'' mounted below the symbol of accessibili _ty. 1108.2 Toilet and bathing facilities. Revise ICC/ANSI 117.1-98 Section 609.4 by adding the following: Exception 2: Grab bar height above tank type water closets must be adjusted to meet Section 609.3 but in no ease shall the _grab bar exceed 38" in heist above the finished floor. 1108.4 Kitchens, kitchenettes~ and wet bars. Add the following exception: Exception: Wet bars in non-public use areas may be adaptable. 1201 Interior Environment Add a new section 1201.2 as follows: 1201.2 Vapor retarders. All exterior wall, ceiling, and roof assemblies which enclose heated spaces and which are exposed to outdoor ambient temperatures shall be protected agai'nst water vapor transmission. Assemblies not otherwise of impermeable comtmction shall have insLa!!ed~ on the heated side of the insulation or air spaces, vapor retarders having a penn rafin~ of 0.06 minimum in accordance with ASTME 96 (equivalent to 6 mil polyethylene). 1202.2 Attic spaces. In the first sentence, add the words "insulation and" before the word"c e~_'lin_gs." Amend the third sentence by changing "1 inch" to "1 ½ inch." Amend section by deleting the exception in its entirety. Add a sentence at the end of the paragraph to read as follows' Attic access shall not be located in. a room con _tm/'ning bathing facilities. 1202.3.2 Exceptions. Revise by deleting the words "in accordance with the Intemationa! Energy Conservation Code" fi'om Exception 4. 1204.4.1 Controls. Ordinance No. 2001-2003 Attachment A Page 9 of 45 Delete the reference to "ICC Electrical Code" and replace with "National Electrical Code as adopted by the KMC." 1205.3.3 Court drainaue. Delete the reference to the "International Plumbing Code" and insert the reference to the "Uniform Plumbing Code as adopted by KMC." 1209.1 Floors. Revise paragraph to read: In other than dwelling units, toilet and bathing room floOrs shall have a smooth, non- porous, non-absorbent surface such as non-cushioned sheet vinyl, sealed concrete, or ceramic tile with sealed joints or other approved materials. Base shall be of similar materials, shall extend up the wall five inches (127 mm) minimum, and shall be sealed to the flooring and wall surface and allowing differential movement without water penetration. .. 1209.2 Walls. Revise first paragraph to read: Walls within two feet (610 mm) of the front and sides of urinals and water closets shall have a smooth, non-porous, non-absorbent surface such as non-cushioned sheet vinyl, sealed concrete, ceramic tile with sealed joints, approved plastic panels, or other approved materials, to a height of four feet (1219 mm) minimum. 1403.2 Weather protection. Delete the words "in accordance with the International Energy Conservation Code" from the last sentence of the first paragraph. ' 1404.2 Water-resistive barrier. In the first sentence after "Type 1 felt," add the words "or approved building paper." 1405.10.4 Groundinu. Delete the reference to "ICC Electrical Code" and replace with "National Electrical Code as adopted by t. he KMC.," 1503 Weather protection. Add new section as follows' .... 1503.6 Protection from falling ice and snow. Ordinance No. 2001-2003 Attachment A Page 10 of 45 All exits shall be protected from falling ice and snow. 1503.4 Roof drainage. Delete the reference to the "International Plumbing Code" and insert the reference to the "Uniform Plumbing Code as adopted by KMC." 1507.4 Metal roof panels. Add a new subsection as follows: 1507.4.5 Underlayment. Underlayment for metal roof panels shall be installed per Section 1507.2.3. 1608.3 Flat roof snow loads. Add the following sentence at the end of the first para~aph: The minimum flat roof snow load, Pf, shall be 50 pounds per square foot. 1609.4 Exposure cateeory. Add the following to the definition of"EXPOS~ D": UNOBSTRUCTED shall be defined as any site not sheltered from the Shoreline by vegetation or other impediments at least four feet high and covering at least 60 percent of an area extending at least 30 feet perpendicular to a line connecting the building to any point of the shoreline. 1621.2.5.2.2 Seismic design Categories D, E or F. Delete Item 8 in its entirety. 1704.1 Special inspections. Add the following to the end of the paragraph: Provided the Engineer of Record is a registered profession~ en~neer in the St_ate of Alaska, the Engineer of Record shall be deemed qualified to perform special i~spections required under this chapter without fitnher statements of qualifications or resumes to the Building Official. ' Delete General Exception 3. 1704.1.2 Report requirement. Ordinance No. 2001-2003 Attachment A Page 11 of 45 Delete the fourth and fifth sentences and insert the following:. All discrepancies shall be brought to the immediate attention of the contractor for correction, and shall be documented in a Special Inspection Report. If action is not taken immediately or within an agreed time frame to correct the non-conformance, the Special Inspector shall promptly inform the Engineer of Record and the Building Official~ verbally and in writing through a Special Inspection Report. Discrepancies discovered by the Special Inspector after the fact shall be reported to the Engineer of Record and the Building Official in writing. 1704.3 Steel construction. Add the following exception under Item 2, to read as follows: Welds listed under Exception 2 will not require Special Inspection if design stresses are less than half of the allowable stresses and welds are placed by AWS certified welders. The Engineer of Record shall indicate on the drawings which welds, if any, do not require Special Inspection. 1704.11 Sprayed fire-resistant materials. Add the following: Exception: Shotcrete work not of a structural nature or not for water retention structures, which is fully supported on earth, which is for minor repairs or when no special hazard exists and special inspection is waived by the Building Official. . . 1802.2.2 Expansive soils. Delete subsection in its entirety. 1805.4.1 Footing design. Add the following to the beginning of the first paragraph: All footings shall be concrete. All-weather wood foundation systems may only be installed in Type GW, GP, SW, and SP soils unless a complete soils investigation.and foundation design, prepared by a civil engineer registered in the State of Alaska, is submitted for approval. 1805.6 Foundation plates or sill bolting. Add the following at the end of the paragaph: Foundation plates or sills shall be bolted to the foundation or foundation wall with galvanized steel bolts. Ordinance No. 2001-2003 Attachment A Page 12 of 45 1907.5 Placing reinforcement. Delete the reference tO "1907.5.4" and replace with reference."1907.5.5." Add new section to read as follows: 1907.5.5 Installation of anchors. Anchors shall be in place prior to placing concrete. Exception: Anchors having a required embedment depth of seven inches or less may be field placed while concrete is in plastic condition. 1913.9 Installation of anchors. Add the following at the end Of the first paragraph: An.ehors shall be in place prior to placing concrete. Exception: Anchors having a required embedment depth of 7 inches or less may be field placed while concrete is in plastic condition. 2104.6 Installation of anchors. Add a new section to read as follOws: 2104.6 Installation of anchors. Anchors shall be in place prior to ~outing~ Exception: Anchors having a required embedment of 13 inches or less may be field placed while grout is in plastic condition. 2308.9.8 Pipes in walls. Add paragra_~h as follows: All smcls in exterior plumbing walls shall be a minimum six-inch (152 mm) nominal width unless otherwise atmroved. _ _ 2308.10.1 ,Wind uplift. Add a paragraph as follows: Metal flaming anchors with a 400-pound uplift capacity shall be spaced no fu__~er apart than 48 inches (1,219 mm) for roof rafters or tresses with spans less than 20 feet (6,096 Ordinance No. 2001-2003 Attachment A Page 13 of 45 mm) in length, and no further apart than 24 inches (610 mm) for spans greater than 20 feet (6,096 mm) in length, and no fimher apart than 24 inches (610 mm) for spans ~eater than 20 feet (6,096 mm) in length. Where walls have structural panel sheathing, the anchor may be placed on the inside of the wall without direct anchorage to studs below. The continuity_ of the load path through the walls and floors below shall be considered. 2701.1 Scope. Delete the reference to "ICC Electrical Code" and replace with "National Electrical Code as adopted by KMC." 2702.1 Installation. Delete the reference to "ICC Electrical Code" and replace with "National Electrical Code as adopted by KMC." 3001.4 Chanue in use. Add new paragraph to read as follows: Any change in use shall not be made without the approval of the building official. Said approval shall be granted only after it is demonstrated that the installation conforms to the requirements of ASME Al7.1 and its supplements. .. 3003.2 Fire-fighter's emergency ooerafion. Add a second pm_graph to read as follows: Elevators shall be tested on normal and on emergency power. Elevators shall be tested by activating the smoke detectors and by use of the recall key switch. These tests shall be performed at intervals not-to-exceed one year after certification and yearly thereafter. 3004.4 Closed vents. Revise to read: When energy conservation requires that the vents be normally closed, automatic venting by actuation of an elevator lobby detector or power failure may be accepted. When hoist way pressurization is used, venting upon power failure may be accepted. In either case, a manual override must be provided. 3006.1 Access. Add new paragraph to read: Access to elevator machine rooms above grade shall be from the inside of the building or shall be by an enclosed, ventilated, and well-lighted passageway protected from the Ordinance No. 2001-2003 Attachment A Page 14 of 45 weather. Passageway shall be a minimum of 3'-6" wide by 6'-8" high, and shall meet the material and construction requirements of this code. 3401.3 Compliance,with other, codes. Revise to read: Alterations, repairs, additions and changes of occupancy to existing structures must comply with the provisions for alterations, repairs, additions and changes of occupancy in the International Fire Code, the Uniform Plumbing Code as adopted by the KMC, the International Mechanical Code, and the National Electrical Code as adopted by the 3402.1 Existin~ buildings or structures. Delete the exception. 3409.2 Applicability.. Revise to read as follows' Structure defined as existing prior to the effective date of this code in which there is work involving,additions, alterations or changes of occupancy must conform to the requirements of this section or the provisions of Sections 3402 through 3406. Chapter 35. Referenced Standards. Revise by changing the referenced standards from the publication date listed to the latest published edition as follows: N.F.P.A. 12-2000 Carbon Dioxide Extinguishing System. N.F.P.A. 12A- 1997 Halon 1301 Fire Extinguishing System. N.F.P.A..13-1999 Installation of Sprinkler Systems. N.F.P.A. 13D-1999 Installation of SPrinkler Systems in One- and Two-Family Dwellings and Manufactured Homes. N.F.P.A 13R-1999 Installation of Sprinkler Systems in Residential Occupancies Up to and Including .Four Stories in Height. N.F.P.A. 14-2000 Standpipe and Hose, System. N.F.P.A. 20-1999 Installation of Centrifugal Fire Pumps. N.F.P.A. 72-1999 National Fire Alarm Code. , Ordinance No. 2001-2003 Attachment A Page 15 of 45 N.F.P.A. 2001-2000 Clean Agent Fire Extinguishing Systems. 4.05.020 Building Official. (a) The Building Official of this City shall have the powers, duties, and functions prescribed for the "Building Official" by the [UNIFORM] International Building Code, adopted by KMC 4.05.010 provided [THAT] the said powers, duties, and functions may be performed by authorized representatives of the Building Official and under his supervision and control. (b) The City Administrator shall be ex-officio Building Official unless he appoints another pemon to the Building Official. The authorized representatives of the Building Official referred to above, when and if appointed, shall be appointed by the City Administrator. 4.05.025 Application for permit. Section 106.[3.]2 of the Uniform Building Code as adopted by this chapter is amended by adding the following: ["AS A REQ~MENT FOR OBTAINING A BUILDING PERMIT FOR A NEW OR ENLARGED STRUCTURE THE PROPERTY OWNER IS REQ~D TO SUBMIT A SITE PLAN WHICH ACCURATELY SHOWS BY DIMENSIONS AND TO SCALE THE LOCATION.AND OUTLINE OF THE PROPOSED STRUCTURE IN RELATIONS~ TO THE PROPERTY LINES, SETBACKS, AND EASEMENTS."] "It is the property owner's responsibility to have the property comers physically located and marked to make sure the structure is accurately placed on the site as per the submitted site plan." If at initial building inspection for construction the site plan is not accurate or due to site conditions it cannot be ascertained if the proposed building will be in compliance with the building setback requirements of the Kenai Planning and Zoning Code, the admiaismtive authority shall require the permit holder to provide a state registered land surveyor's stamped site plan. [4.05.027 PERMITS ISSUANCE. ] [SECTION 106.4.3 VALIDITY OF PERMIT OF THE UNIFORM BUILDING CODE AS ADOPTED BY THE CHAPTER IS AMENDED BY ADDING THE FOLLOWING:] ["IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO HAVE THE PROPERTY CORNERS PHYSICALLY LOCATED AND MARKED TO MAKE SURE THAT THE STRUCTURE IS ACCURATELY PLACED ON THE SITE AS PER THE SUBMITTED SITE PLAN."] 4.05.030 [PERMIT] Fee[S] Schedule. (&l The first paragraph of Section 101718.2 of the [UNIFORM] International Building Code adopted by this chapter is amended to read as follows: Ordinance No. 2001-2003 Attachment A Page 16 of 45 ["SECTION 107.2 BUILDING PERMIT FEES.] The fee for each building potmit shall bo paid to tho City as sot forth in Tablo No. 1-A of tho [UNIFORM ' BUILDING CODE,] Konai Municipal Codo at 4.05.030Co). [EXCEPT THAT FEES FOR CONSTRUCTION OF GROUP R-3 AND GROUP U-1 OCCUPANCIES, OR PORTIONS THEREOF AS FOLLOWS: (1) GROUP R-3 ....... $0.14 PER SQUARE FOOT (2) GROUP U-1 ....... $0.07 PER SQUARE FOOT"] Plan review fee shall be 65% of the building permit fee as shown in Table I-A for new _ commercial constmcti0n. be Table 1-A Building Permit Fees. TOTAL VALUATION. $1.00- $500.00 $501.00- $2,000.00 $2,001.00- $25,000.00 $25,001.00- $50,000.00 $50,001.00 - $100,000.00 $100,001.00 - $500,000.00 $500,001.00 - $1,000,000.00 $1,000,001.00 and up Other inspections and 1. .$23.50 $23.50 for the first $500.00 plus $3.05 fOr' each additional $100.00, or fi'action thereof, to and ineludin$ $2,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $391.25 for the first $25,000 plus $10.10 for each additional $1,000..00, or fraction thereof, to and including $50,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fi'action thereof, to and including $100,000.00 $993.75 for the first $100,000.00 plu~ $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $3,233.75 for the first $500,000.00 plu~ $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $5,608.75 for the first $1,000,000.00 plus $3.65 for ea.ch additional $1,000.00, or fraction thereof Inspections outside of normal business hours (minimum charge: 2 hours) .............................................................................. $47.00 per hour 1 2. Inspections for which no fee is specifically indicated (minimum charge: 2 hours) .............................................................................. $47.00 per hour ~ 3 Additional plan review required by changes, additions or revisions to plans (minimum charge: 1 hour) .............................................................................. $47.00 per hour l 4. For use of outside eonsultams for plan checking and inspections, or both ............ Actual costs 2 Or the total hourly cost to the jurisdiction, which ever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fi'inge benefits of the employees involved. Actual costs include administrative and overhead costs. ,, Ordinance No. 2001-2003 Attachment A Page 17 of 45 [4.05.031 PLAN REVIEW FEES.] [THE LAST SENTENCE OF THE FIRST PARAGKAPH OF SECTION 107.3 OF THE UNIFORM BUILDING CODE ADOPTED BY THIS CHAPTER IS AMENDED TO READ AS FOLLOWS: "SAID PLAN REVIEW FEE SHALL BE 65% OF THE BUILDING PERMIT FEE AS SHOWN IN TABLE lA FOR NEW COMMERCIAL CONSTRUCTION AND 20% OF THE BUILDING PERMIT FEE CHARGED IN KMC 4.05.030 FOR NEW CONSTRUCTION OF GROUP R-3 AND GROUP U-1 OCCUPANCIES."] 4.05.035 Inspections. Section [108.5.6] 109.3.10 of the [UNIFORM] International Building Code as adopted by this chapter is amended [TO READ] by adding the following: "On new and enlarged structures, the Building OffiCial shall require the submission of an as-built survey as performed by a state registered land surveyor prior to final inspection if it is deemed necessary to comply with KMC Title 14 setback requirements and Building Code regulations." 4.05.040 Exit facilities. (Ords. 395, 542, 555, 839, 1118, 1123, 1346 Repealed) 4.05.050 Snow load. (Ords. 97, 162, 269, 395, 542, 1346 Repealed) 4.05.060 Wind pressure. (Ords. 162, 269, 395, 542, Repealed 839) 4.05.070 Foundation ventilation. '(Ords. 97, 162, 269, 395, Repealed 542) 4.05.080 Exits. (Ords. 97, 269, 395, Repealed 542) 4.05.090 Energy conservation in new building construction. (Ords. 542, 1123, 1346 Repealed) 4.05.100 Special hazards-Section 608. (Ords. 542, 1123, 1346 Repealed) 4.05.110 Special hazards-Section 708. (Ords. 542, 1123, 1346 Repealed) 4.05.120 Special hazards-Section 808. (Ords. 542, 1346 Repealed) Ordinance No. 2001-2003 Attachment A Page 18 of 45 4.05.130 Special hazards-Section 1008. (Ords. 542, 1123, 1346 Repealed) 4.05.140 Asphalt shingles. (Ord. 1346 Repealed) [4.05.145 GROUP R DIVISION 3 OCCUPANCIES.] SECTION 310.1 OF THE UNIFORM BUILDING CODE AS ADOPTED BY THIS CHAPTER IS AMENDED BY DELETING THE LAST PARAGRAPH.] [4.05.150 APPEND~ GROUP R DMSION 3 OCCUPANCIES.] [CHAPTER 3 OF THE APPENDIX OF THE UNIFORM BUILD~G CODE AS ADOPT~ BY THIS CHAPTER. IS AMENDED BY DELET~G DIVISION 111.] Chapter 4.10 [UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS] INTERNATIONAL PROPERTY MAINTENANCE CODE 4.10.010 Adoption. There is hereby adopted for the purpose of establishing roles and regulations for the abatement of dilapidated, defective buildings which endanger life, health, property, and public safety, that certain code known as the ["UNIFO~ CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS," 1997] International Property Maintenance Code, 2000 Edition, of the [INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS] International Code Council, except for such portions as are hereinafter deleted, modified, or amended, and the same is hereby adopted and incorporated as fully as if set out verbatim herein. 4.10.015 Local Amendments to International Property, Maintenance Code The International ProperS_ Maintenance Code is adopted by reference wi~ the following revisions: Section 102.3 'Application of other codes and Section 201.3 Terms defined in other codes. Delete reference to International Plumbing Code and insert reference "Plumbing Cod~ as adopted by KMC." Delete reference to International Electn'cal Code and ~sert reference "Electrical Code as adopted by KMC." Delete reference to International Zoning Code and insert reference "Title 14 of KMC." Section 111 Means of appeal. Delete entire section. Refer to "Chapter 4.40 of KMC." Ordinance No. 2001-2003 Attachment A Page 19 of 45 Section 505.1 General. Delete reference to International Plumbing Code and insert reference to "Plumbing Code as adopted by KMC." Section 602.2 Residential occupancies and Section 602.3 Heat supply. Delete reference to Appendix D of the International Plumbing Code and insert reference to "Plumbing Code as adopt..ed by KMC." Section 604.2 Services. Delete reference to ICC Electrical Code and insert reference "Electrical Code as adopted by KMC." 4.10.020 Building Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "[BUILDING] Code Official" by the [UNIFORM CODE FOR. THE ABATEMENT OF DANGEROUS BUILDINGS] International Property Maintenance Code, adopted by KMC 4.10.010 provided [THAT] the said powers, duties, and..functions may be performed by authorized representatives of the Building Official and under his supervision and control. [CHAPTER 4.15 UNIFORM SIGN CODE] [4.15.010 ADO~ION. ] .... [THERE IS HEREBY ADOPTED FOR THE PURPOSE OF ESTABLISHING RULES AND REGULATIONS TO PROMOTE THE DEVELOPMENT OF BETTER SIGN CONSTRUCTION AND TO PROVIDE MINIMUM STANDARDS TO SAFEGUARD LIFE, HEALTH, PROPERTY, AND PUBLIC WELFARE, BY REGULATING STRUCTURAL REQUIREMENTS FOR ALL SIGNS AND SIGN STRUCTURES LOCATED OUTSIDE OF BUILDINGS, THAT CERTAIN CODE KNOWN AS THE "UNIFORM SIGN CODE," 1997 EDITION, OF THE INTERNATIONAL CONFEKENCE OF BUILD~G OFFICIALS, EXCEPT FOR SUCH PORTIONS AS ARE HEREafTER DELETED, MODIFIED, OR AMENDED; AND THE SAME IS HEREBY ADOPTED AND INCORPO~TED AS FULLY AS IF SET OUT VERBAT~ HERE~. ] [4.15.020 BUILDING OFFICIAL.] [THE BUILD~G OFFICIAL OF THIS CITY SHALL HAVE THE POWERS, DUTIES, AND FUNCTIONS PRESCRIBED FOR THE "BUILDING OFFICIAL" BY THE UNIFORM SIGN CODE ADOPTED BY KMC 4.15.010 PROVIDED THAT THE POWERS, DUTIES, AND FUNCTIONS MAY BE PERFO~ED BY AUTHORIZED REPRESENTATIVES. OF THE BUILDING OFFICIAL AND UNDER HIS SUPERVISION AND CONTROL.] [4.15.030 FEES.] [(ORDS. 269, 395, 542, 579, REPEALED 1118)] Ordinance No. 2001-2003 Attachment A Page 20 of 45 Chapter 4.20 [ ORMI MECHA CAL COl) 4.20.010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the installation and maintenance of heating, ventilating, cooling, and refrigeration systems, that certain code known as the "[UNIFORM] Intemational Mechanical Code," [1997] 2000 Edition, of the [INTERNATIONAL CONFERENCE OF BUH~ING OFFICIALS] Intemational Code Council, including the appendices, except for such portions as are hereafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. 4.20.015 Local Amendments to the 2000 International. Mechanical Code The International Mechanical.Code (I.M.C.) Chapters 1 - 15 and Appendix A (2000 Edition) ~e adopted by reference to regulate all occupancies and buildings with the following revisions: Chapter 1 ADMINISTRATION Delete Section 109 Means of Appeal. Refer to Chapter 4.40 of KMC. 201'3 Terms defined in other codes. · · Revise by deleting the reference "ICC Electrical Code" and replace with the reference "Electrical Code as adopted by KMC." Revise by deleting the reference "International Plumbing Code" and inserting the reference "Plumbing Code as adopted by KMC." 202 GENERAL DEFINITONS. Amend by adding the following definitions: Heat Reeove ,ry Device. An assembly, comaining a heat recovery element. Heat Recovery. Element. A device or series of devices whose p~_urpose is to reclaim only the heat content of air,' vapors, gases, and/or fluids that were being expelled through _th_e exhaust system, and transferring the thermal energy so reclaimed to a location whereby a useful purpose may be served. 301.2 Enerc, v utilization. Revise by deleting the words "in accordance with the International Energy Conservation Code." 301.7 Electrical. Revise by deleting the reference to "ICC Electrical Code" and inserting the reference "Electrical Code as adopted by KMC." Ordinance No. 2001-2003 Attachment A Page 21 of 45 301.8 Plumbing connections. Revise by deleting the reference "International Plumbing Code" and inserting the reference "Plumbing Code as adopted by the KMC.'~ 301.14 Prohibited location. Amend sentence to read: Mechanical systems shall not be located in an elevator shaft with the exception of mech_anical equipment and devices exclusively serving the elevator. 303.3 Prohibited locations. From the third exception, delete the words "weather stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and." Insert the words "tightly gasketed" before "solid" to read "tightly.gasketed solid door." 303.8 Elevator shafts. I lll I II I1 Amend sentence to read as follows' Mechanical systems shall not be located in an elevator shaft with the exception of mechanical equipment and devices exclUsively serving the elevator. 304.7 Clearances to combustible construction. Revise to read as follows: Heat producing equipment and appliances shall be installed to maintain the required clearances to combustible construction as specified in the listing and manufacturer's instructions. Such clearances shall be reduced only in accordance with Section 308. Certain unlisted, heat-producing equipment shall be allowed prox)ided it is installed in a manner so as to maintain the clearances to combustible construction specified in Table 304.7. Clearances to combustibles shall include such considerations as door swing, drawer pull, overhead projections of shelving and window swing, shutters, covetings and drapes. Devices such as doorstops or limits, closers, drapery_ ties or guards shall not be used to provide the required clearances." Revise by adding Table 304.7 as follows: Ordinance No. 2001-2003 Attachment A Page 22 of 45 Footnotes: (1) The minimum dimension shall be that necessary_ for servicing the appliance, including access for cleaning and normal care, robe removal, etc. (2) The dimension may be 6 inches (152 mm) for an automatically stoker-fired forced- wa__rm-ai_r furnace equipped with 250 degree Fahrenheit limit control and with barometric ~aft control operated by draft-intensity and permanently set to limit draft to a m_aximum intensity of 0.13-inch water gauge (32Pa). (3) Approved appliances shall be installed on non-combustible floors .and may be ins~!!ed on protected combustible floors. Heating appliances approved for installation on protected combustible flOoring shall be so constructed that flame and hot g~es do not come in contact with the appliance base..Protection for combustible floors shall consist of 4-inch (102 mm_) hollo.w masonry covered with sheet metal at le~t 0.021 inch (0.5 mm) thick (No. 24 manufacturer's standard gauge). Masonry_ shall be permanently fastened in place in an approved manner with the ends unsealed _and joints matched so as to provide flee circulation of air through the masonry_. Floor protection shall extend 12 inches (305 mm) at the sides and rear of the appliance, except that at least 18 inches (457 mm) shall be required on the appliance-opening side or sides measured horizontally from the edges 'of the opening. (4) The 48-inch (1219 mm_) clearance may be reduced to 36 inches (914 mm) when protection equivalent to that provided by Items 1 through 6 of Table 304.7 is applied to the combustible construction. (5) Clearance above the charging, door must be at least 48 inches (1219 mm). (6) If the appliance is encased in brick, the 18-inch (457 mm_) clearance above and at sides and rear may be reduced to 12 inches (305 mm). 312 HEATING AND COOLING LOAD CALCULATIONS Revise by deleting the words "using the design parameters specified in Chapter 3 of the International Energy_ Conservation Code." 403.3 Ventilation rate. _Amend by adding to the end of the first sentence the words "or in accordance with the latest version of ASHRAE Standard 62." 513 SMOKE CONTROL SYSTEMS Revise by deleting the reference "ICC Electrical Code" and replacing it with the reference "Electrical Code as adopted by KMC wherever it occurs in this section., 601.3 Contamination Prevention. Amend by adding the following exception to 601'3 to read as follows: Ordinance No. 2001-2003 Attachment A Page 24 of 45 Exception' Environmental air exhaust ducts under positive pressure may extend into or through ducts or plenums if one of the following design approaches is used: 1. Route environmental air exhaust ducts inside a shaft when passing through a duct or plenum. .2. Install a seco.nd duct .ar..o..~d the environmental air exhaust duct where passing through ducts and plenums to minimize leakage to the duct or plenum. Seal both ends of the outer duct to outside. Seal the environmental air exhaust ducts along all seams .and joints using a listed low to medium pressure duet sealant which is typically applied by brush, trowel, or caulking _gun.. Install sealant per manufacturer's recommendations. 4. Provide flexible duct with no seams in the duct or plenum only to a limit of 8'. The 8' limit is due to high static losses. Als0, sleeving the metal duct with flexible seamless duct is acceptable. 602.1 General. Delete from the second sentence the words "uninhabited crawl ,spaces." Add the following sentenCe to the end of the paragraph: "Underfloor crawlspaces sh~ll not be used as plenums." 603.8 Joints~ s, eams~ and connections. Delete paragraph and replace with the following: All joints, longitudinal and transverse seams, and connections in ductwork, shall be securely fastened and sealed with welds, gaskets, mastics (adhesives), mastic-plus- embedded-fabric systems or tapes. Tapes and mastics used to seal ductwork shall be listed and labeled in accordance with UL 18lA or UL 18lB. Duct connections to flanges of air distribution System equipment shall be sealed and mechmcally fastened. Duct tape is not pertained as a sealant on any metal ducts. Add the following exceptiOn: Exception: Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w.g. (500 Pa) pressure classification. 604.1 General, Delete the words "and the International Energy_ Conservation Code." Add to the end of the paragraph: Ordinance No. 2001-2003 Attachment A Page 25 of 45 All Supply and return air ducts and plenums shall be insulated with a minimum of R-5 insulation when located in unconditioned spaces and with a minimum of R-8 insulation when located outside the building envelope. When located within a building envelope ~ssembly,. the duct or plenum shall be separated fi'om the building exterior or unconditioned or exempt spaces by a minimum of R-8 insulation. EXceptions: 1. When located within equipment. o When the design temperature difference between the interior and exterior of the duct or plenum does not exceed 15°F (8°C). e When located within the under floor crawlspace of a one- or two- family dwelling unit. 709.1 General. Revise by adding a second sentence to read: COmbustion.air openings must be covered with corrosion-resistant screen of no greater than 1-inch (13 mm) mesh. 801.20 Locations and support of venting systems other than masonry, chimneys. Add a new Section 801.20 as follows: Unless a vent listed for exterior use in cold weather climates is installed, a venting system installed exterior to the building outside the thermal envelope shall be installed in a shaft. The Portion of the vent system that is above the last roof and its projected plane need not be enclosed. The portion of the venting system passing through an attic space need not be enclosed. 908.5 Water suoolv. R_evise by deleting the reference "International Plumbing Code" and inserting the reference "Plumbing Code as adopted by KMC" SECTION 925 UNVENTED ROOM HEATE~. Revise by adding a new section 925 Unvented Room Heaters to read: 925.1 General. Unvented room heaters shall be tested in accordance with American National Standards Institute (ANSI) Z 21.11.2 and may be installed in accordance with the conditions of the listing and the manufacturer's installation instructions. Ordinance No. 2001-2003 Attachment A Page 26 of 45 925.2 Prohibited use. One or more unvented room heaters may not be used ~ the sole source of comfort heating in a dwelling unit. 925.3 Input rating. Unvented room heaters may not have an input rating in excess of 40,000 Btu/h (11.7 kW). 925.4 Prohibited locations. Un. vented room heaters may not be installed wi_thin A, E or I OcCupancies. Such appliances may not be located in, or obtain combustion aix from, any of the following rooms or spaces' 1.. Sleeping rooms.. 2. Bathrooms. 3. Toilet rooms. 4. Storage closets. 5. Surgical rooms. Exceptions: 1. A single wall-mounted unvented room heater equipped with ~ oxygen depletion safety_ shutoff system and installed in a bathroom provided the input rating does not exceed 6,000 Bm per hour (1.76 kW)_ and the bathroom is not a confined space. 2. A single wall-mounted unvented room heater equipped with ~ oxygen depletion s~ety shut. off. system and.. installed in a bedroom provided that the input rating does not ~'exceed 10,000 Bm per hour (2.93 kW) and the bedroom is not a confined space. 925.5 Room or space volume. The aggregate input rating of all _un_vented appliances installed in a room or space may not exceed 20 Btu/h per cubic foot of volume of such room or space. Where the room or space in which the equipment is installed is directly connected to another room or space by a doorway, archway or other opening of comparable size that cannot be closed, the volume of such adjacent room or space may be permitted.to be included in the calculations. 925.60xveen-deplefion safeW system. Unvented room heaters will be equipped wi_th an oxygen-depletion-sensitive safety shutoff system. The system shall shut off the supply to the main and pilot burners when the oxygen in the surrounding atmosphere is depleted to the percent concentration specified by the manufac _tut_er, but not lower than 18 percent. The system will not incorporate field adjustment me_an_s capable of chan,_m.'ng _th__¢ set point at which the system acts tO shut off the gas supply to room heater. 925.7 Unvented Io_~ heaters. An unvented log heater may not be installed in a factory- built fireplace unless the fireplace system has been specifically tested, listed and labeled for such use in accordance with Underwriters Laboratories (UL) 127. CHAPTER 10 BOILERS~ WATER HEATERS~ AND PRESSURE VESSEI~S Ordinance No. 2001-2003 Attachment A Page 27 of 45 Revise by deleting the references "International Plumbing Code" and inserting the references "Plumbing Code as adopted by KMC" wherever they occur in the chapter. 1001.1 Scope. Revise to read: This chapter, governs the installation, alteration and repair of boilers, water heaters, and pressure vessels not subject to the provisions of the State Department of Labor under AS 18.60.80 - 18.60.395. 1007.1 General Revise by deleting the words "and hot water" from the first sentence. 1011 TESTS Delete this section. 1101.4 Water connection. · · Revise by deleting the reference "International Plumbing Code" and inserting the reference "Plumbing Code as adopted by KMC." 1201.1~ 1206.2~ and 1206.3 Revise by deleting the references "International Plumbing Code" and inserting the references "Plumbing Code as adopted by KMC" wherever they occur. 1204.1 Insulation characteristics. Revise the first sentence by deleting the words "shall conform to the requirements of the International Energy Conservation Code." 1204.2 Required thickness. Revise by deleting the words "to the thickness required by the International Energy Conservation Code." 1401.2 Potable water suooiv. Revise by deleting the reference "International Plumbing Code" and inserting the reference "Plumbing Code as adopted by KMC." CHAPTER 15 REFERENCED STANDARDS Ordinance No. 2001-2003 Attachment A Page 28 of 45 Revise by changing the referenced standards from the publication date listed to the latest published edition as follows: N.F.P.A. 13-1999 Installation of. Sprinkler Systems. N.F.P.A. 72-1999 National Fire Alarm Code. (Eft. 8/31/96, Register 139; am 3/27/99, Register 149; am / /2001, Re~ster 4.20.020 Building Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "[BUILDING OFFICIAL] Code Official" by the [UNIFORM] International Mechanical Code adopted by KMC 4.20.010, provided [THAT] the powers, duties and functions may be performed by authorized representatives of the Building Official and under his supervision and control. 4.20.030 Fee[S] Schedule. Section [ 115,2] 106.5.2 of the Imemational Mechanical Code adopted by this chapter is amended to read: · "If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, the fee shall be computed according to [SECTION 107.2 OF THE 1997 EDITION OF THE UNIFORM BUILDING CODE] Table 1-A at KMC 4.05.030Co)." Chapter 4.25 [tr II OaM1 PLVMm G COI)l 4.25.010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the qualification of persons engaged in the business of plumbing and the installation, alteration, or repair of plumbing systems, that certain bound volume known as the "Uniform Plumbing Code," [1997] 2000 Edition, of the International Association of Plumbing and Mechanical Officials, including the appendices, except for such portions as are hereinafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. 4.25.015 Local. Amendments to the 2000 Uniform Plumbing Code 413.0 Minimum Number of Required Fixtures. Delete Section 413.0 and refer to 2000 International Building Code, Chapter 29 and Table 2902.1. 507.0 Combustion Air. Ordinance No. 2001-2003 Attachment A Page 29 of 45 Delete Section 507.0 Combustion Air and refer to the 2000 International Mechanical Code and the 2000 International Fuel Gas Code. 510.8 Relief Valve Discharge. Delete Section 510.8. SECTIONS 512-525 Delete sections 512 through 525. 603.4.9 Water Cooled Compressors, Deureasers. Amend section by adding a second paragraph to read as follows: Installation, operation or use of air conditioning or cooling units employing water or other fluid as a cooling agent without a recovery and recirculation unit is prohibited. 604.1 Materials- Water Pipe and Fittings. Delete the second sentence of Paragraph 604.1. · 604.2 Materials- Copper Tube. Amend Section 604.2 to delete the words "or underground outside of structures" in the Exception. 801.3 Bar and Fountain Sink Traps. Amend paragraph 801.3 by deleting the words "5 feet" from the last sentence and substituting the words "15 feet." 811.9 Chemical Wastes- Dental Vacuum Systems. Add paragraph 811.9 as follows: 811.9 Vacuum dental systems may be installed with Schedule 40 PVC pipe and fittings, above and below grade. Piping and fittings installed in plenums or penetrating fire rated assemblies shall have a flame spread index of not more than 25 and a smoke-developed rating of not more than 50 when tested in accordance with the test for Surface Burning Characteristics of Building Materials, U.B.C. Standard 8-1, or to be protected by an approved fire and smoke rated material. TABLE 10-1 Horizontal Distance of Trap Arms. Add ** and *** after Horizontal Distance of Trap Arms and add the following below Table 10-1. Ordinance No. 2001-2003 Attachment A Page 30 of 45 Trap arms for residential floor drains may be extended beyond _the limits of Table 10-1 to where they pass under the nearest wall before installing _the required vent. *** A maximum of two (2) unvented floor drains may be installed in residential garages. Each drain shall have a two-inch (2") minimum trap and trap arm_ _and t~..o-inch (2,) floor drain. The tail piece need not be vented. Bo_th traps must tie into the main building drain separately. 10,07.0 Trap Seal Protection. Amend section by adding the following exception: Exception: R-3 occupancies (one- and two- family dwelling units). 1101.5 Subsoil Drains. Amend Section 1101.5.1 by adding to the beginning of the para._.m'aph: When required by the administrative authority .... 1!01.9 Filling Stations and Motor Vehicle Washing Establishments, .. Amend Section 1101.9 by adding to the beginning of the para?aph: When required by the administrative authori _ty .... 1101.11.1 Primary. Roof Drainage. Delete the first sentence and replace with the following, to read ~s follows- Roof areas of a building shall be drained by roof drains, gutters, scuppers, or sheet flow off the edge of the roof. . 1!01.11.2.2 Secondary, Roof Drainage. Delete from the first sentence the words "shall be separate from the pri'ma_w system and." CHAPTER 12 Fuel Pipine Chapter 12 has not been adopted. Refer to the International Fuel Gas Code. The sizing methods in Sections 1217 and 1218 shall be considered acceptable methods of sizing g_as oioin~. - _ _ _ 1317.0 Materials- Medical Gas Systems. Amend Section 1317.4 by adding a second para~aph ~s follows' _ Ordinance No. 2001-2003 Attachment A Page 31 of 45 Vacuum dental systems may be installed with Schedule 40 PVC pipe and fittings, above and below grade. Piping and fittings installed in plenums or penetrating fire rated assemblies shall have a flame spread index of not more than 25 and a smoke-developed rating of not more than 50 when. tested in accordance with the test for Surface Burning Characteristics of Building Materials, U.B.C. Standard 801, or to be protected by an_ approved fire and smoke rated material. 4.25.020 Fee[S] Schedule. Section 103.4.1 Permit Fees of the Plumbing Code adopted by this chapter is amended to read: "If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, then the fee schedule shall be computed according to [SECTION 107.2 OF THE 1997 EDITION OF THE UNIFORM BUILD~G CODE] Table 1-A at KMC 4.05.030(b)." 4.25.030 Minimum standards. (Ords. 64, 269, 395, 542, Repealed 839) [4.25.040 PLUMBING MATERIAL STANDARDS.] [TABLE 14-1 OF THE PLUMBING CODE, ADOPTED BY THIS CHAPTER, IS AMENDED BY DELETING TI-~REFROM THE FOLLOWING: (A) "HOMOGENOUS BITUM~ED FIBER DRAIN AND SEWER PIPE." (B) "POLYB~YLE~ PIP~G." (C) "POLYETHYLENE, ACRYLONITRILE-B~ADIENE-STYR.ENE (ABS), CHLORINATED POLY (VINYL CHLORIDE) (CPVC), POLY (VINYL CHLORIDE) (PVC) USED FOR BUILDING SUPPLY (WATER SERVICE LINES) (INSTALLATION).] (Ords. 269, 395, 542, Repealed 839) 4.25.055 Building Official. The Building Official of the City of Kenai shall have the powers, duties and functions prescribed for the Administration Authority in the Uniform Plumbing Code adopted by KMC 4.25.010, provided the said powers, duties and fimctions may be performed by authorized representatives of the Building Official and under his supervision and control. 4.25.060 Vent termination. (Ords. 269, 395, Repealed 542) 4.25.070 Protection of piping materials and structures. Section 313.0 of the Uniform Plumbing Code adopted by this chapter is amended to add the following: "[313.9] 313.13 Water service pipe shall have the thaw wire connected at the water main, and brought to the surface at the curb stop or other convenient location. Such wire shall not be smaller than 4/0 AWG." Ordinance No. 2001-2003 Attachment A Page 32 of 45 4.25.080 Air chambers. (Ords. 126, 269, 395, Repealed 542) Chapter 4.30 [NATION~] ELECTRICAL CODE 4.30.010 Adoption. There is hereby adopted for the purpose of establishing standards governing the installation of electrical equipment within or on public and private buildings and premises, that certain code known as the "National Electrical Code," [1999] 2002 Edition [INCL~ING THE UNIFORM ADMI~STRAT1VE CODE PROVISIONS] of the National Fire Protection Association~ except for such portions as are hereinafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. 4.30.015 Local Amendments to the National Electrical Code 2000 Article 80 Administration and Enforcement. Delete entire article. 210.8(a) Dwellin~ units. Replace 210.8(a)(7) with the following: . . Sinks. Where receptacles are installed within 6 feet of the outside edge of a sink 210.8(b) Other than dweiline units. Add para~avhs 210-8(b)(41 and 210-8(b)(5) as. follows: (4) Outdoors where accessible from ground level. (5) Within 6 feet ,of the outside edge of a s~. 210.23(e) Outlets per circuit. Add a subsection (e) to Section 210.23 to read as follows: Outlets per circuit. In dwelling units, no more than_ 13 outlets _are allowed on one branch circuit. All smoke detectors on a circuit may be counted ~s a total of one outlet. Appliance circuits are limited to' six duplex receptacles per circuit. Exception: Fixed lighting circuits designed to meet the appropriate sections of the code. 300.4 Protection against physical damal~e. Ordinance No. 2001-2003 Attachment A Page 33 of 45 Amend by adding new subsection (g): (g) Roofs. Raceways mn on the surface of a roof or subject to damage fi'om snow, ice, or foot traffic, shall be rigid metal or intermediate metal conduit only. 310.13 Conductor construction and applications. Amend by adding the following sentence to the end of the section: Thermoplastic type insulation shall not be installed when the temperature is less than-7C (20F). 334.12 Uses not permitted. Add subsection "e." to (A)(10)' e. When the temperature in a building is lower than-7C (20F), non-metallic sheathed cable shall not be installed. 362.12 Uses not permitted. Add a subsection (11)' (11) When the temperature in a building is lower than -7C (2OF), electrical non-metallic robing shall not be installed nor have wires installed in it. 4.30.020 Wiring requirements. (Ords. 269, 395, 89-1346 Repealed) 4.30.030 Electrical permit required. (Ords. 269, 395, 89-1346 Repealed) 4.30.040 Inspections. (Ords. 269, 395, 89-1346 Repealed) 4.30.050 Minimum size of conductors. Repealed. (Ords. 269, 395, 651, 1228) .4.30.055 Building Official. The Building Official of the City of Kenai shall have the powers, duties, and functions prescribed for the [BUILDING OFFICIAL BY THE UNIFORM ADMI~STRAT1VE CODE PROVISIONS FOR] authori _ty having jurisdiction in the National Electrical Code, adopted by KMC 4.30.010, provided [THAT] the said powers, duties, and functions may be performed by authorized representatives of the Building Official and under his supervision and control. 4.30.060 Fee Schedule. Ordinance No. 2001-2003 Attachment A Page 34 of 45 [SECTION 304(A) PERMIT FEES OF THE UNIFO~ ADMI~STRAT1VE CODE PROVISIONS FOR] Article 80.19(E) of the National Electrical Code adopted by this chapter is amended to mad: "If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, the fee shall be computed according to [SECTION 107.2 OF THE 1997 EDITION OF THE UNIFORM BUILDING CODE] Table 1-A at KMC 4.05.030(b)." Chapter 4.31 aAS 4.31.010 Adoption. There is hereby adopted for the purpose of establishing roles and regulations for the installation and maintenance of fuel gas piping systems, fuel gas Utilization, and related accessories os defined under Scope in that certain code known as the "International Fuel Gas Code," 2000 E&...'.tion, of the International Code Council, including, the appendices, except for such portionn ~s are hereafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. 4.31.020 Building Official. .. The Building Official of this Ci_ty shall have the powers, duties, and functions prescribed for the "Code Official" by the adopted by KMC 4.31.010, .provided the powers, duties and fu_nction~ may be performed by authorized representatives of the Building Official and un-der his supervision and control. 4.31.030 Fee Schedule. Section 106.5' of the International Fuel Gas Code adopted by this chapter is amended to read: "If a building permit is issued, these fees shall be considered as paid as a part of such pe ~rrn__it fee. If no such building permit is issued, the fee shall be computed according to Table 1.-A at. KMC 4.05.030(b)." Chapter 4.32 ,RESIDENTIAL CODE 4.32.010 Adoption. There is hereby adopted for the purpose of establishing roles and regulations for _the. construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one ~d two family dwellings and multiple single-family dwellings, that certain code known as the "International Residential Code," 2000 Edition, of the International Code Council, including the appendices, except for such portions as are.hereafter deleted, modified, or amended; and the same is hereby adopted and ine0rporated as fully as if set out verbatim herein. 4.32.015 Local Amendments to the 2000 International Residential Code Ordinance No. 2001-2003 Attachment A Page 35 of 45 RI 05.2 Work exempt from permit Change Subsection 1 from "200" to "120." R106 CONSTRUCTION DOCUMENTS Delete Section R106.1.3 Information for construction in areas prone.to flooding. R107.3 Temporal?t', power. Amend the last sentence by changing "ICC Electrical Code" to "Electrical Code adopted by KMC.' R108.3 Building permit valuations. Add the following after the first semence: The BUilding Valuation Data Table shown in the latest edition of the buildings standard magazine published by the International Conference of Building Officials shall be used to determine value. R108.4 Related fees. Add the following after the first sentence: Any person who commences any work on a building before obtaining the necessary_ permits shall be subject to an additional fee, equal to the cost of the building permit, that shall be in addition to the required permit fees. Rl12 Board of aoueals. · Delete entire section. Table R301.2(1) Climatic and Geouranhic Desien Criteria. Add the following information in the table: Roof snow load Wind Speed Seismic Design Category Subject to damage from: Weathering Frost Line Depth Termite Decay Winter Design Temperature Flood Hazards 50 PSF 100 mph D~ Yes~ severe No No -18 deg F No Ordinance No. 2001-2003 Attachment A Page 36 of 45 R301.2.2.1.1 Alternate determination of seismic design category. Delete paragraphs R301.2.2.1.1, R301.2.2.1.2, R301.2.2.2, and Table 301.2.2.1.1 and replace with the following: The seismic design category_ for Kenai shall be D?,. 1t309.10oeninu orotection for fire ratings for attached Ilaraees. Amend by adding a third sentence to read as follows: Doors shall be self-closing and have smoke gaskets at top and sides of doors _and adjustable threshold or sweep. 11309.2 Separation required. Amend by deletine oaragraph in its entire ,ty and replacint~ with the following: A garage shall be separated from the residence and its attic ~ea wi~ a one-hour occupancy separation. The occupancy separation may. be limited to the instollation of' approved materials approved for one-hour fire resistance construction on the garage side only. 5/8 Type X g)50sum wall board will be considered adequate protection for one-hour construction.on the garage side at rated walls.and.ceilings. All plastic pipe such os condensate lines, vacuum lines, drain lines, waste l~es _and vent lines require an approved tested fire collar or equivalent at rated wall and ceiling penetrations on garage side only. All ferrous metal pipe penetrations are required to be filled with gypsum wallboard compound or other approved materials. Fire dampers need not be instolled in air ducts passing through the wall, .floor, or ceiling separatin~ garage from the dwelling__ provided such ducts within the garage are constructed of steel having thic~ess not less than 0.019 inch (0.48 mm) _(No. 26 galvanized sheet gauge) and have no opening into the garage. Access to a crawl space from a garage shall meet minimum requirements of self-closing, tight fitting, solid wood door measuring 1 3/8 inches or ~eater in thickness, Or equivalent laminated plywood or combination plywood and properly secured 5/8 inch Type X _g35psum wall board or 20-minute approved door assembly. R310.1 Exits and emereency escapes. Add the following to Section 310.2 Emergency E..cress Ooenin~s to read os follows: Exception: Where windows are provided as a means of escape or rescue in a basement, they shall have a finished sill height of not more than 48 inches above the finished floor. 11314.2 Treads and risers. Ordinance No. 2001-2003 Attachment A Page 37 of 45 Amend first sentence by changing "maximum riser height" from 7 % inches to 8 inches. Amend first sentence by changing "minimum tread depth" fi'om 10 inches to 9 inches. 11315.1 Handrails. Amend second sentence by changing the words "two or more risers" to "four or more risers." ,, R318.1.2 Thermal barrier. Add the following: Exception: Foam plastics used in crawl space areas do not require thermal barrier provided the following conditions are met: . 2. 3. 4. e Entry_ to crawlspace is only to serve utilities. There are no interconnected basement areas. Air to the crawl space is not circulated to other parts of the building. Foam plastic does not exceed a 2-inch thickness and a 2.5 pounds per cubic foot nominal densiW. .. Ventilation complying with Section R408 is provided. No gas-fired equipment is .located in crawl space. R322 Moisture Vapor Retarders. · ., Delete para_graph and exceptions and add the following: Vapor retarders. All exterior wall, ceiling, roof and floor assemblies which enclose heated spaces and which .are exposed to outdoor ambient temperatures shall be protected against water vapor transmission. Assemblies not otherwise of impermeable construction shall have installed, on the heated side of the insulation or air spaces, vapor retarders having a perm rating of 0.06 minimum (equivalent to 6 mils polyethylene sheeting) or other material approved by the Building Official. R401.1 Application. Add the following exception: Wood foundations shall have a 16-inch x 1 O-inch reinforced concrete footing minimum. R402.1.3 Restraint for wood foundations. Add a new subsection, R402.1.3, Restraint for Wood Foundations, to read as follows' Basement. Ordinance No. 2001-2003 Attachment A Page 38 of 45 A 4-inch thick concrete slab poured against the studs. If a wooden screed is used~ it shall be Douglas fir or hem fir pressure treated in accordance with AWPA C22 with a .6 retention. Crawlspace Option 1' A minimum 5-inch wide by 4-inch deep concrete curb poured against the inside face of the studs. The kicker shall be reinforced with a continuous horizontal No. 3....r..e. inforcing bar. If the kicker is not poured with the continuous concrete footing, it may be poured later provided vertical #3 reinforcing bars x 10 inches long shall be c~-st into the f,0...o, ting at 2 feet on center. They shall extend 2 inches above the top of the footing. The c.o...ntinuous #3 bar shall be secured to the vertical #3 bars. Opt. ion 2' Installation of preservative treated 4" x 4"s with a minimum ½" x 12" galvanized anchor bolts at 24" O.C. installed in footing against the inside face of studs along the entire perimeter. Exception: The above need not apply if a suitable alternate desi~,tm, is prepared by an en_~neer registered in the State of Alaska and is approved.by the Building Official. 402.1.4 Damooroofine for wood foundation walls. Add a new subsection, 402.1.4, Dampproofing for wood foundation walls, to read follows: A_~roved dampproofing shall be applied over the below-?~ade portion of exterior basement and crawlspace walls prior to backfil!~g. A treated lumber or plywood strip shall be attached to the wall to cover the top edge of the approved dampproofing. Tho_. wood strip shall extend at least two (2) inches above and five (5) inches below finish grade level to protect the approved dampproofing from exposure to light and from mechanical damage at or near ~ade. The/joint between ~e strip and the wall shall be caulked full length prior to fastening the strip to the wa!!. Alternatively, brick, stucco, or other covering appropriate to the architectural treatment may be used inn place of~e wood strip. The approved dampprooflng shall extend down to the bottom of the concrete footing. R403.1.1 Minimum size. Revise the third sentence to read "All. footings shall be at least 10 inches in thickness." R403.1.3 Seismic reinforcing. Revise the second paragraph first sentence by ch_anging "4 feet" to "18 inches." Revise the third paragraph first sentence by chan~ng the number "4" to "5" and the words "four feet" to "32 inches." Ordinance No. 2001-2003 Attachment A Page 39 of 45 Revise the exception by deleting the words "plain concrete footings without longitudinal reinforcement supporting walls and," and add the following: "provided wood flaming is mechanically tied to isolated footings.'.~ R403.1.3.1 Foundations with stemwails. Revise to read as follows: Foundations with stemwalls shall be provided with a minimum of one No. 5 bar at the top of the wall for concrete masonry_ unit stemwalls, one No. 4 bar at the top of the wall for po_ured concrete stemwalls, and two No. 5 bars at the bottom of all footings. R403.1.3.2 Slabs-on-ground with turned-down footinus. Revise the first sentence by changing the number "4" to "5." Revise the exception by changing the words "one No. 5 bar" to "two No. 5 bars" and deleting the words,"or two No. 4 bars." R403.2 Footines for wood foundations. Delete entire paragraph and replace with the following: Wood foundations shall have a 16-inch x 1 O-inch concrete footing minimum. R404.1.4 Seismic Desien Cateuories D! and D3. Revise Subsection 1. to read "Minimum reinforcement shall consist of No. 4 horizontal bar placed at 16" on center for poured concrete walls and No. 5 horizontal bar placed at 48" on center for CMU walls. Revise Subsection 4 by deleting the following WOrd "plain" in two locations and adding at the end of the sentence "and supporting one floor only." Revise Subsection 5 by deleting the word "plain." Revise second paragraph by changing the number "3" to "5" and the words "4 feet" to "32 inches" and adding to the end of the pm_graph "and minimum vertical reinforcement of one No. 4 bar located a maximum of 18 inches on center in poured concrete walls." Revise by deleting the last paragraph. R404.2 Wood foundation walls. Delete the following from the first sentence: "and with the details shown in Figures R403.1(2) and R403.1(3).~ Ordinance No. 2001-2003 Attachment A Page 40 o f 45 R.404.3 ~Vood sill plates. Delete the paragraph and substitute with the following: Wood sill plates shall be minimum 2-inch x 6-inch _and shall be bolted to the foundation or foundation wall with not less than ten (10) inch by five-eighths (5/8) inch nominal diameter galvanized steel bolts embedded at least seven (7) inches into the concrete or in fully ~outed cells of reinforced masonry_ and spaced not more than four (4) feet zero (0) inches apart. There Shall be a minimum of two bolts per piece with one bolt located - - within 12 inches of each end of each piece. Wood sill plates must be treated moterial specified in Section R323.1. - R404.4.6.2 Horizontal reinforcement. Revise the first sentence by changing the number "48" to "16." Revise the second sentence by changing the number "36" to "16." Add: Exception: Or per manufacturer's requirements. R404.4.6.4 Vertical reinforcement. Add new section to read: Vertical reinforcement shall be a minimum of NO. 4 vertical reinforcing bar placed at 18 inches on center. R406.1 Concrete and masonry, foundation dampproofinR. Delete section and substitute with the following: · Except where required to be waterproofed by Section R406.2, in dwelling u_nits only foundation walls that retain earth and enclose habitable or usable spaces located below _grade shall be dampproofed from the tOp of _the footing to the finished grade, and damp proofing shall cover the top of the footing, and lap over the outer' edge a minimum of 1 inch. Masonry_ walls shall be dampproofed with a bituminous coating, 3 pounds per square yard (1.63 kg/m2) of acrylic modified cement, 1/8-inch (3.2 mm_) coat of surface- bonding mortar complcng with ASTM C 887 or any material permitted for waterproofing in Section R406.2. Concrete walls shall be dampproofed by al~plving any one of the above listed dampproofing materials or any one of the waterproofing materials listed in Section R406.2 to the exterior of the wall. Foundation walls that are backfillecl on.both sides, such as those used in conjunction with a "slab on ~ade" do not require dampproofing or waterproofing. R406.2 Concrete masonry, foundation waterproofinR. Delete the following words from the second sentence: _ Ordinance No. 2001-2003 Attachment A Page 41 of 45 6 mil (0.15 mm) polyvinyl chloride, 6 mil (0.15 mm) polyethylene Add the following words: Foundation walls that are backfilled on both sides, such as those used in conjunction with a "slab on grade" do not require dampproofing or water proofing, R406.3.2 Below grade moisture barrier., Delete and substitute the following.'. Foundation walls located below grade shall be dampproofed with either 2-p!y of 15 lb. hot-mopped felt or 1 ply of 30 lb. hot-mopped felt or other approved materials. R407.2 Steel column protection. Delete this section in its entirety. R408.5 Finished erade. Delete this section in its entirety. R602.11.1 Wall anchoraee. In second sentence, delete reference to ¼" and replace with 3/16." R702.3.1 Materials. Add a sentence to last paragraph as follows: Water resistant gypsum board shall not be used on exterior walls. R702.3.6 Fastening. Add the following sentence at the end of the paragraph: Gypsum board applied in ceilings shall be attached with screws. Nails are not allowed. R702.4.2 Gypsum backer. Add the following sentence at the end of the paragraph: Gypsum board of any type shall not be used on exterior walls in shower and bath comportments under ceramic tile except for materials specifically designed for that purpose. Ordinance No. 2001-2003 Attachment A Page 42 of 45 R802.3 Framing details. Amend subsection 802.3 by adding a paragraph as follows: Minimum depth fi'om roof sheathing to wall plate at exterior walls to be 9 inches on dwelling units. R802.10 Wood trusses. Amend subsection 802.10.2 Design by adding a paragraph as follows: Minimum depth of truss at exterior wall plate to be 9 inches on dwelling u_nits. R806.1 Ventilation required. Add the following sentence to end of pm_graph: A non-ventilated roof system may be allowed as an alternate method when its desi._ma~ is approved by the Building Official. R905.2.2 Slope. Delete Section R905.2.2 and replace with the following: Asphalt shingles shall only be used on roof slopes of three units vertical in 12 unit.q horizontal or greater. Underlayment shall be in accordance with Section R905.2.7 and ice protection shall be in accordance with R905.2.7.1. R905.2.7 Underlayment application. Delete paragraph and replace with the following: For roof slopes fi'om 3 vertical units in 12 horizontal __units (3' 12) up to 4 vertical u_nits in 12 horizontal units (4:12), underla_wnent shall be two layers ofnon-preforated Type 15 felt applied shingle fashion. Underlayment shall be installed stating with a 19-inch lap over ice protection. Each subsequent sheet shall be lapped 19 inches horizontally, continuing to the ridge, fastened sufficiently to hold in place. For slopes 4 units vertical in 12 units horizoma! (4:12), or ~eater underlawnent shall be one layer of Type 15 felt. Underlayrnent shall be iasc!led starting with_ 4,inch lap over ice protection. Each subsequent layer shall be lapped 2 inches horizontally, and 4 inches vertically to shed water continuing to the ridge, fastened sufficiently to hold in place. Ice protection will be in accordance with R905.2.7.1. R905.2.8 Flashin~ Add the following at the end of the para~aph: Ordinance No. 2001-2003 Attachment A Page 43 of 45 Fl~shing shall be not less than 4 inches by 4 inches in width. R905.9.1 Slope. Delete the words: "except for coal-tar built-up roofs, which shall have a design slope of a minimum one-eighth unit vertical in 12 units horizontal (1-percent slope)." 11905.10.2 Slooe. Add the following to the end of the paragraph: In_atoll underlayment under all metal roof panels. Underlayment shall be one layer of Type 15 felt. Undeflayment shall be installed, starting with 4-inch lap-over ice protection. Each subsequent layer shall be lapped 2 inches horizontally, and 4 inch vertically to shed water continuing to the ridge. Fasten sufficiently to hold in place. Ice protection shall be in accordance with R905.2.7.1." Chapters 11-46 Amend by deleting in its entirety and referring to applicable codes as adopted in KMC. 4.32.020 Bufldin~ Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "Building Official" by the International Residential Code adopted by KMC 4.32.010, provided the powers, duties and functions may be performed by authorized representatives of the Building Official _and _under his supervision and control. 4.32.030 Fee Schedule. Section] R108.2 of the International Residential Code adopted by this chapter is amended to read: ,, The fees for construction of Group R-3 and Group U-1 occupancies, or portions thereof, as follows: 1. Group R-3 2. Group U-1 $0.28 per square foot $0.14 per square foot Plan review fees shall be 50% of the building permit fee listed above. Chapter 4.35 TRAILER PLACEMENT *Note to Chapter 4.35 (Ords. 45, 97, 269, 395, Repealed Ord. 1078) Ordinance No. 2001-2003 Attachment A Page 44 of 45 Chapter 4.40 BOARD OF APPEALS 4.40.010 Constitution. The City Council shall sit as a Board of Appeals in order to provide for final interpretation of the provisions of this title and to hear appeals provided for hereunder. The Board may adopt reasonable roles and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official. 4.40.020 Penalty. Any person, firm, or corporation violating any of the provisions of Title 4 shall be guilty of a violation, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted; and upon conviction of any such violation, such person shall be subject to punishment as provided for violations in KMC 13.05.010. 4.40.030 Conflicting provisions. If any provisions of the Codes hereby adopted by reference conflict with any other provisions not so adopted contained in this title, then those provisions not so adopted by reference will prevail. "Ordinance No. 2001-2003 Attachment A Page 45 of 45 14.20.220 Signs. (a) General Requirements. (1) A permit shall be obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure except as provided in subsection (c) of this section. Construction and erection of signs shall be in accordance with this chapter, with [THE UNIFORM SIGN CODE] Appendix H of the International Building Code, and with the National Electrical Code, except that temporary signs need not be constructed according to [THE UNIFORM SIGN CODE] Appendix H of the International Building Code. (2) When a building permit is obtained for the construction of a building, signs for that building that conform to this Code shall be considered as part of the valuation of that building. The fee for signs not covered by a building permit shall be set as provided by KMC 7.15.100. (3) A permit for a commercial advertising sign shall be issued only if the sign will be located on the premises advertised, or on the common property available for such purposes to all commercial occupants of a multiple commercial development such as malls. (4) Penalties for violations of this section shall be as set forth in KMC 14.20.260 (e). (5) If any of the provisions of this Code hereby adopted conflict with [THE UNIFORM SIGN CODE] Appendix H of the International Building Code adopted by reference, the provisions of this Code will prevail. (6) Signs shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained. Ordinance No. 2001-2003 Attachment B Page 1 of 1 Suggested by: Administr~,,~.. CITY OF KENAI ORDINANCE NO. 2002-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ~NAI, ALASKA, ADOPTING KMC 13.10.015, CHANGING THE BAIL SCHEDULE FOR MINOR OFFENSE VIOLATIONS TO REFLECT THE ONE; ADOPTED BY THE MUNICIPALITY OF ANCHORAGE INSTE~ OF THE STATE OF ALASKA's BAIL SCHEDULE. WHEREAS, AS 28.01.010 and 28.40.050 allow a municipality to adopt bail schedules whereby persons accused of some minor violations, such as traffic tickets, can dispose of the ticket by paying a fine rather than appearing in court; and, WHEREAS, since the City of Kenai has not adopted its own traffic bail schedule it, by default, follows the State of Alaska's bail schedule for most traffic offenses; and, WHE~AS, many of the traffic fines on the State's have not been changed since the 1980's whereas the Municipality of Anchorage's fines have kept abreast of inflation; and, WHEREAS, it is in the best interest of the City of Kenai to adopt the bail schedule for traffic offenses to reflect the Municipality of Anchorage's bari schedule. NOW, THEREFORE, BE IT ORDAINED BYTHE COUNCIL OF THE CITY OF KENAI, Alaska that KMC 13.10.015 is hereby enacted t° read as follows: 13.10.15 Minor offenses amendable to disposition, without court appearance by payment of a fine. In accordance with AS 28.05.151, a citation issued for violation of any of the following sections of this title shall be subject to disposition with payment of a fine in lieu of a court appearance or as otherwise prescribed. Violations committed within highway work zones shall be subject to double the fine amount indicated. ~- (See Attachment A.) PASSED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, this seventh day of May, 2003. ATTEST: JOHN J. WILLIAM S, MAYO R Carol L. Freas, City Clerk (4/7/03 sp) Introduced: Adopted: Effective: April 16, 2003 May 7, 2003 June 7, 2003 IJJ _J IJJ . ICJ Suggested by: Administratim City of Kenai ORDINANCE NO. 2003-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $32,000 IN THE GENERAL FUND AND THE SKATEBOARD PARK CAPITAL PROJECT FUND. WHEREAS, it is in the best interest of the City of Kenai relocate the Skateboard Park; and, WHEREAS, funds are available in the General Fund fund balance designated for athletic expenditures (Daubenspeck funds). 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: Appropriation of Fund Balance-designated for athletic expenditures $32.000 · Increase Appropriations: Non-Departmental - Transfer to Capital Project Fund $32,000 Skateboard Park Capital Proiect Fund Increase Estimated Revenues: Transfer from General Fund $32:000 Increase Appropriations: Administration COnstruction $ 1,000 31,000 $32,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of May, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (04/09/2003) hl Introduced: Adopted: Effective: April 16, 2003 May 7, 2003 May 7, 2003 Suggested by: Fire Department[ CITY OF KENAI ORDINANCE NO, 2004-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 8.05 TO ADOPT THE INTERNATIONAL FIRE CODE, 2000, FIRST PRINTING WITH AMENDMENTS. WHEREAS, the City of Kenai is responsible for protecting the life and property of our citizens by adopting and enforcing local and state fire codes; and, WHEREAS, the City of Kenai as a deferred jurisdiction from the State of Alaska, must adopt the minimum fire codes that the State of Alaska has adopted; and, WHEREAS, the City of Kenai is currently enforcing the ! 997 Uniform Fire Code, and is now adopting the 2000 International Fire Code with local amendments to protect the citizens of our community; and, WHEREAS, the City is now joining the State of Alaska and the other deferred cities throughout the state by adopting and enforcing the 2000 International Fire Code for protecting life and property by fire. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 8.05.030 is amended to read as presented on Attachment A of this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of May, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk (4/9/03 sp) Introduced: Adopted: Effective: April 16, 2003 May 7, 2003 June 7, 2003 Title 8 FIRE CODE Chapter 8.05 FIRE PREVENTION STANDARD Sections' 8.05.10 8.05.20 8.05.030 Adoption of Fire Prevention Standards. Enforcement of Fire Prevention Standards. Local Amendments to the 2000 Intemationa! Fire Code 8.05.010 Adoption of fire prevention standards. (a) The City of Kenai hereby adopts the following fire prevention standards' [1) THE NATIONAL FIRE CODES OF 13 VOLUMES, 1999 EDITION, OF THE NATIONAL FIRE PROTECTION ASSOCIATION; (2) (REPEALED BY ORD. 798-82) (3) THAT CERTAIN BOUND VOLUME KNOWN AS THE UNIFO~ FIRE CODE 1997 EDITION.] The International Fire Code, 2000 Edition, First Printing. (b) The above codes are available for inspection and use by the public in the Public Safety Building in an office designated bY the Fire Chief. 8.05.20 Enforcement of fire prevention standards. The Standards adopted hereby shall be enforced by the agency designated as the Fire Department for the City. (KC 8-2, Ords. 178, 411) 8.05.30 Local Amendments to the 2000 International Fire Code- The amendments to the 2000 Edition of the International Fire Code are listed hereinafter by section. The 2000 International Fire Code and its Appendices shall be adopted ~s amended below. 109.3 Violation penalties. ,,Amend by deleting this section and adding a new para~aph. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, shall be guilty of a violation and punishable of a fine. See section 8.15.110 and section 13.05.010 of the Kenai Municipal Code for penalties and remedies associated with violating provisions of the Fire Prevention Code. 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a Ordinance No. 2004-2003 Attachment A Page 1 of 9 violation or unsafe condition, shall be liable to a fine of not more than $500.00 dollars. Each and every_ day shall constitute a separate violation. 202 General definitions. Amend paragraph for Educational Group E~ Day Care to read as follows: The use of a building or structure, or portion thereof, for education, supervision or personal care services for more than five children older than 2-1/2 years of age, including children related to the staff, shall be classified as an E Occupancy. Add exception to read as follows: Exception: Family childcare homes (R-3) operating between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of twelve children of any age without conforming to the requirements of an E occupancy except for smoke detectors as specified in subsection 907.2.10, means of egress requirements of section 1003, including emergency escape and rescue openings (as required by section 1009) in napping or sleeping rooms, and fire extinguisher requirements as outlined in section 906. .' Amend the last sentence for Institutional Group I~ Group I-2 to read as follows' A facili _ty such as the above with five or fewer persons, including persons related to the staff, shall be classified as Group R-3. Amend paragraph for Institutional Group I, Group I-2, Child Care Facili .ty to read as follows: .... A childcare facility that provides care on a 24-hour basis to more than five children 2-1/2 years of age or less, including children related to the staff. Add the following definition for Service: Service is the annual test, maintenance, or service defined and required by applicable fire equipment standards set forth, in table 901.6.1. 401.3.4 False Alarm Charges. Amend by adding a new subsection 401.3.4 Except as otherwise provided herein, the owner of a building containing a fire protection system shall pay a charge in accordance with this section for each and every_ false alarm to which the fire department responds. Ordinance No. 2004-2003 Attachment A Page 2 of 9 Exceptions_.' 1. No charge for the first two' false alarms within a calendar year. 2. Each false alarm in excess of two during a calendar year will be charged a response fee of $200.00 The City shall bill the owner for false alarms at the end of every_ six months. All false alarm charges shall be deposited into the cities general fu_nd. As used by the section, "false alarm" means _an alarm sic.trna! generated by a privately owned fire alarm system reporting an alarm for which no fire or emergency actually exists; it includes system malfunctions, faulW operation of detectors, and false alarms n~t classified above. It does not include those incidents where the detector or system operated as desi~.maed such ~s but not limited to, a smoke detector sounding from someone smoking under the detector or a manual pull station being, pulled. 405.10 False alarms. Amend by adding a new subsection 405.10 to read as follows' False alarms may not count as a fire drill for the purpose of this section. 408.3.5 False alarms. Amend by adding a new subsection 408.3.5 to read as follows' False alarms may not count ~s a fire drill for the purpose of this section. 508.2 Type of Water Supply. Amend by adding a second para~aph and a new exception to 508.2 to read as follows: The water system shall be designed to the standards of, and have the approval of the city water utility. If the water system for a structure is not in an area served by the city water utility, it shall meet the standards of the nearest water utility. Exception' In areas not served by a water utility, the requirements for water systems as outlined in Sections 508 need not be met, provided all structures other than R-3 and U occupancies are at least type A construction, or are provided with a fire' extinguishing system designed in accordance with Section 903.3.1.1 of this code. 901.4 Installation of fire protection systems. Amend by adding an exception at the end of this section. Ordinance No. 2004-2003 Attachment A Page 3 of 9 Exception: Buildings temporarily closed due to seasonal operations may have their fire systems deactivated under the following conditions: 1. Building is unoccupied. 2. Building is properly secured. 3. All utilities are disconnected and drained. 4. The fire systems are certified as operational before the building is reoccupied. 5. A 24-hour a day fire watch as defined in section 202 is provided during the interim between when utilities are reactivated and the .fire systems are certified as operational. 6. The fire department must be notified of such closure.. 7. A letter from the insurance carder or, owner if self-insUred, indicating knowledge of the closure is provided to the fire department. 508.3 Fire Flow Amend by deleting the existing paragraph and replace with the following para~aph: Water supplies for fire flow requirements for buildings or portions of buildings and facilities shall be calculated using the provisions of Appendix Chapter B and Table B105.1. 508.5.4 Obstructions Amend by adding a third sentence at the end of the paragraph to read as follows: No vehicle shall be parked within 15 feet from the front and 10 feet from the sides of a fire hydrant, fire department connection, or fire protection control valve on private or public property. 901.4 Marking of Fire Protection Equipment and Fire Hydrants Amend by adding a new second paragraph to read as follows' Fire Department connection devices for building sprinkler systems in new and existing buildings shall be identified by the installation of approved reflective markers or signs installed above the device in an unobstructed location at approximately 7 feet above grade. 901.5 Installation acceptance testinu. Amend by adding a third sentence to the end of the paragraph: All results of such test must be forwarded to the Bureau of Fire Prevention within 30 ,, days. Ordinance No. 2004-2003 Attachment A Page 4 of 9 901.6 lnspection~ testing and maintenance. Amend by adding a second paragraph to read: Notwithstanding other code or standard requirements, fire protection systems and fire extinguishers must be inspected, tested, and serviced annually. Exception: 1. Standpipe systems must be inspected, tested, and serviced every_ five Years. 2. After any use or activation. 3. Any time damage is found. 4. After r.epair or alteration. 5. When required by the chief. 6. After seasonal shutdown. 9..01.6.2.1 Reports Add a new subsection to read as follows' A copy of all service reports shall be sent to the Bureau of Fire Prevention within 30 days. Each system shall be tagged by the inspection agency, indicating the date of service and whether or not the system is in conformance with the ~ssociated standards, 901.9 Sprinkler certification. Add a new subsection to read as follows: Companies installing and/or performing mainten~ce on sprinkler systems shall have at least one individual certified to a minimum of NICET Level I! in sprinkler systems as required under 13 AAC 50.035. 901.10 Damage protection. Add anew subsection at read as follows: When exposed to probable vehicular damage due to proximity to alleys, driveways or ~arking areas, standpipes, post indicator valves and sprinkler system or standpipe system, connections shall be protected in an approved manner. 903.2.2 Group E. Delete paragraph and substitute with the following: ~ .automatic sprinkler system must be provided throughout all Group E occupancies. An automatic sprinkler system shall also be provided for every_ portion of educational buildings below the level of exit discharge. Ordinance No. 2004-2003 Attachment A Page 5 of 9 Rooms used for sleeping or napping purposes within a day care use of Group F, Occupancies must be provided with smoke detectors that comply with section 907.2.10.1.2. 907.17 Acceptance test. Amend this section by adding a second para~aph to read as follows: A Kenai Code Official must witness the acceptance test, and a copy of the acceptance test certificate must be forwarded to the Bureau of Fire Prevention by the firm conducting the test within 30 days of the completion of the installation. 1003.3.1.9 Panic and fire exit hardware. Amend the follow section by changing the number "100" in the fourth para~aph to "50" 1003.3.3 Stairways. Add the following exception: Stairs or ladders used only to attend equipment are exempt from the requirements of this section. 1005.2.1 Minimum number of exits Amend the following section by adding an exception to read: Basements or the first level below the first story_ in all occupancies except R-3, used exclusively for the service of the building may have access to only one exit. Any other use of the or first level below the first story_ must have at least two exits arranged IAW Section 1004.2'2 For the purposes of this exception, storage rooms, laundry rooms~ maintenance offices and similar uses may not be considered ~s providing service to the building. 1009.1 Emergency escape and rescue Amend by deleting all exceptions. 1103.5 Dispensing of flammable and combustible liquids Amend the last sentence to read: Aircraft motor vehicle fuel-dispensing stations shall be in accordance with chapter 22, and N.F.P.A. 407, 2001 edition. Ordinance No. 2004-2003 Attachment A Page 7 of 9 1101.1 Scope. Aviation Facilities Amend by adding to the end of this section: And N.F.P.A. 409, 2001 edition. 1106.1 Aircraft motor vehicle fuel-dispensing stations Amend by adding to the end of this section: And N.F.P.A 407, 2001 edition. 1106.3 Construction of aircraft-fueling vehicles and accessories Amend by adding an exception at the end of this section. Exception: A vehicle or trailer tank with a capaci _ty of 250 gallons or less may be used for non-commercial refueling of private non-commercial aimraft if the following requirements are met: 1. The tank is placarded with no smoking si._.~ns, type of fuel comained in the tank and the tank capacity_; 2. The tank and all appurtenances used in the fueling operation are listed and approved for the specific purposes; and 3. Electrical bonding is provided as required under section 1106.3.7. 2206.2.3 Above ground tanks located outside~ above grade Amend by adding an item four (4) at the end of this section. 4. Approved above ground atmospheric tanks may be used without a special enclosure or fire rating if the following criteria are met: a. Tanks must be located as required for "other tanks" by table 2206.2.3; _and, b. Tanks must be enclosed by a six-foot high industrial type chain link fence with a minimum of two access gates located at opposite sides of the enclosure. Each gate must be at least at least 36 inches wide. There must be a minimum working distance of five feet between the tank and the fence. 2206.7.7.1 Leak detection Amend by adding an exception to read: Exception. A leak detection device is not required if the under~ound piping is an extra- heavy steel wall with all welded joints, dielectric coating, and cathodic protection Ordinance No. 2004-2003 Attachment A Page 8 of 9 22,10.2.3 Drainage and disposal of liquids and oil-soaked waste. Amend by adding a sentence to the end of the first t~ara~a~h: _ _ _ Where oil separators or traps are provided, they may not drain to septic systems. Chapter 45 of the I.F.C is revised by changing the referenced standards from the ~ublication date listed to the latest published edition as follows. N.F.P.A. 12-2000 Carbon Dioxide Extinguishing Systems N.F.P.A. 12A- 1997 Halon 1301 Fire Extinguishing Systems N.F.P.A. 13-1999 Installation of Sprinkler Systems N.F.P.A. 13D-1999 Installation of Sprinkler Systems in On-and Two Family Dwellings N.F.P.A. 13R-1999 Installation of Sprinklers Systems in Residential Occupancies up to and Including Four Stories in Height N.F.P.A. 14-2000 Standpipe and Hose Systems N.F.P.A. 20-1999 Installation of Centrifugal Pumps N.F.P.A. 72-1999 National Fire Alarm Code N.F.P.A. 750-2000 Standard on Water Mist Fire Protection Systems N.F.P.A. 2001-2000 Clean Agent Fire Extinguishing Systems A~endix B~ Section ! 03.3 Amend this section by deleting the reference "N.F.P.A. 1231" and replacing it with the reference "N.F.P.A. 1142." Ordinance No. 2004-2003 Attachment A Page 9 of 9 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ I~J~2 Memorandum Date: To: From: For: April 10, 2003 Linda L. Snow, City Manager Kim Howard, Assistant to City Manager April 16, 2003 Meeting Lease Application - James H. Doyle, Tract A, Gusty Subdivision No. 3 Attached is a lease application for the above referenced property that has been submitted by James Doyle. Mr. Doyle's current lease on the property will expire on June 30th. The property is located on Coral Street, adjacent to the softball field complex. (A map of the area is attached.) The applicant wishes to enter into a new lease for a 10-year term. He intends to continue to use the property to store trailer vans. The Planning and Zoning Commission determined the intended use complies with the zoning ordinance and comprehensive plan of the City at their April 9th meeting. The property is Airport Land and is within the airport flight path. It is a requirement of the Federal Aviation Administration that the lease include a clause stating that the City reserves the right to cancel the lease on 90-days notice. Prior to leasing the site an appraisal must be reviewed and approved by the Federal Aviation Administration. KMC 21.10.080 requires all leases to be approved by the City Council. If Council approves the lease application submitted by James Doyle, an appraisal will be ordered. Cc' James Doyle Attachment CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION Name of Applicant James H. Doyle Address P.O. Box 582 Kenai, Ak 99611 Business Name and Address F ,,0,~ cn~'usE ONLY · .. .. Telephone 283-7957 Kenai Peninsula Borough Sales Tax No. (if applicable) N/A State of Alaska Business License No. (if applicable) N/A Legal Description Tract A, Gusty Subdivision #3 Purpose of Proposed Lease Trailer Storage Term of Proposed Lease 10 years Description of Proposed Development (type, construction materials, size, etc.) N/A Time Schedule for Proposed Development · Beginning Date ~/a · Completion Date (maximum of two years) Estimated Value of Improvements $ N/A APPLICANT'S SIGNATURE' APPLICANT'S SIGNATURE' Date: Date: 3/10/03 CITY OF KENAI LEASE APPLICATION CHECKLIST (All items must be completed before application can be accepted.) Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout of the lot and the location of all proposed improvements. The drawings also need to show the following. 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many spaces and location) 4. Site improvements · Areas to be cleared and method of disposal Proposed gravel or paved areas Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location of sign(s) - sign permit required 9. Fencing- permit required if height is over 6' 10.Curb cuts (where applicable) 11. Building height 12. FAA Form 7460 Notice of Proposed Construction (For construction of buildings on airport land. This form is to be submitted to the FAA by the applicant. It can be downloaded from the FAA website http'//www.alaska, fha. uov/airports. The site has a menu for forms. CITY OF KENAI LEASE APPLICATION- CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. Zoning Permits Required: · Conditional Use Permit · Landscape Review Building Permit · Sign Permit Assessments Insurance Limits Required Construction must begin by Completion date for major construction /.,/o~ ,~~~/'~.~ Planning Commission'Approval Charm_an- Date. of Approval: City COUnciI Ao°roval BY:.. ' City Clerk THIS APPLICATION WILL BE MADE A PART OF THE LEASE PT~T A VF 124 i 123~ i 173 174 U.S.S. - 4969 // NO. 7 TR. C-1 UNSUBDIVIDED 'irl~ A 7A ~3o2 BARNACLE WAY 4 N. NO. 2 I SHADURA SUBD J.S.S. 1435 3 410 ADD'N. ' NO. 8 ETOLIN SUBD. MERIT ADD'N.~ 1 ATTLA KEN^% 5PU~ TR. 4 14 2 TR. 7f8 3 4 BROAD WAY SCHOOL nal MuniciPal Airport Memo To: From: Date: Subject: Linda L. Snow- City Manager Rebecca Cronkhite - Airport Manager April 9, 2003 . Wings Restaurant Lease Amendment Roger and Linda Petrey, owners of Wings Airport Caf~ are requesting an amendment to their lease adding Space 21, currently donated to the Kenai Chamber of Commerce. Their request is to lease this area at the standard lease rate of $247.50 per month. If approved, they will relocate the coffee bar from the restaurant to better serve the traveling public. The proposed lease amendment and purchase orders to provide water and sewer service are attached. I am also working with Kay Shearer, the newly appointed Executive Director of the Kenai Chamber of Commerce to develop an alternate area in the airport for the Chamber display. www. ci.kenai.ak, us. AMENDMENT TO LEASE That certain lease dated December 14, 2001, and recorded at Book 00639, Page 0217, by and between the CITY OF KENAI, and ROGER PETREY and LINDA PETREY, P.O. Box 576, Kenai, Alaska, 99611, encompassing the following property loCated in Kenai Recording District, Th/rd Judicial District, State of Alaska: The premises known as the restaurant area of the Kenai Municipal Airport Terminal within the Northwest Quarter (NW ¼) of the Southeast Quarter (SE ¼), Section 32, Township 6 North, Range 11 West, Seward Meridian. is hereby amended to include Space 21 at $1.65 per square foot for 150 square feet, for a monthly rental fee of $247.50, plus any applicable tax, for the purpose of conducting an espresso/gift/newsstand business. The term of this amendment shall be from April 1, 2003 through December 31, 2006. DATED this day of April 2003. LESSOR: CITY OF KENAI By: Linda L. Snow City Manager LESSEE: By: Linda Petrey By: Roger Petrey Amendment to Lease Page 1 of 2 STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of April, 2003, LINDA PETREY, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for My Commission Expires:~ 'STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of April, 2003, ROGER PETREY, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for My Commission Expires'~ STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of April, 2003, LINDA L. SNOW, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for My Commission Expires:~___ Approved as to form: Cary R. Graves, City Attorney Amendment to Lease Page 2 of 2 CITY OF KENAI ,, eg 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Memoranrtum Date: To: From: April 8, 2003 Linda L. Snow, City Manager Klm Howard, Assistant to the City Manager ~[d Assignment of Lease of Lot 3, Block 4, General Aviation Apron- Bob's Pawn, Inc. & W.W. Wilson, III to Russell G. Winger Ron Johnson, on behalf of Bob's paWn, Inc. & W.W. Wilson, III, has requested approval of the attached Assignment of and Amendment to Lease to Russell G. Winger. The purpose for which the lease was issued is for aircraft storage. Mr. Winger intends to use the property for aircraft storage and maintenance. This document revises the lease use to allow aircraft maintenance. The property is shown on the attached map. The lease between the City and Bob's Pawn, Inc. & W.W. Wilson, III states, "Lessee with City's prior written consent, which will not be unreasonably denied, may assign, in whole or in part, its rights as Lessee hereunder." Both parties are in compliance in payments to the City and taxes to the Borough. The City Attorney has reviewed the document and has no objections. If Council approves the transfer, a Consent to Assignment of and Amendment to Lease can be prepared for your signature. Attachments Cc' Ron Johnson, Real Estate Professionals ASSIGNMENT OF AND AMENDMENT TO LEASE This assignment and amendment is entered into between BOB'S PAWN, INC. & W.W. WILSON, III, whose address is 2911 Spenard Road, Anchorage, AK 99503-3603, hereinafter referred to as the Assignor; and RUSSELL G. WINGER, whose address is P.O. Box 355, Soldotna, AK 99669, hereinafter referred to as the Assignee. Assignor does hereby assign and transfer all of its interest in the leasehold estate as evidenced by that certain Lease Agreement with the City of Kenai as Lessor, recorded September 11, 1992, in Book 0405, Page 409, and covering the following described property: Lot 3, Block 4, General Aviation Apron according to Plat No. 73-68, Kenai Recording District, Third Judicial District, State of Alaska. To have and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignee agrees to comply fully with the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. Further, that Paragraph A of the Lease is hereby amended to reflect ASSIGNMENT OF AND AMENDMENT TO LEASE PAGE 1 of 4 that the purpose for which the Lease is issued is for aircraft storage and maintenance. INDIVIDUALLY: W.W. Wilson, III ASSIGNORS. By: BOB'S PAWN, INC.' Name Title ASSIGNEE: By: Russell G. Winger LESSOR: CITY OF KENAI Approved as to form' Caw R. Graves City Attorney By: Linda L. Snow City Manager ASSIGNMENT OF AND AMENDMENT TO LEASE PAGE 2 Of 4 STATE O F ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTI~ that on this /~. day of /~~! ~- ,2003, b~. ~. ~~-~ ~/ ,,, , ~~~~~ , (Title) of BOB'S PAWN, INC., being personEly ~own td me or"having produced sa~sfacto~ evidence of identifica~on, appeared before me and ac~owledged the volun~ and authorized execu~on of the foregoing,~, ~ ~t :on behalf of s~d Co~~~~.~ ~ )// ~ ~~ ~ - ,. STATE O F ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this /Y~ day of ~..P~2 ~c. , 2003, W.W. WILSON, III being personally known to me or having produced satisfactory evidence of identification, appeared before me ar~ acknowledged the voluntary and authorized execution of the foregoing ins. . t. ~01'~[~¥ O'Z... {~a~/~blic for/~ta~e of Ala}ka j , .~ My Commission Expires' ~ ~tO/~Od ~ PUBLIG ASSIGNMENT OF AND AMENDMENT TO LEASE PAGE 3 of 4 STATE O F ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this%._~t'~ day of ~ , 2003, RUSSELL G. WINGER, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and author~ regoing instrument. ~~,.~ . Not ~ar'y~~,'~c~'t'~q taste of Aia-~-st~ - My CommissiOn Expires- STATE O F ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this day of ,2003, LINDA L. SNOW, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires' Return to: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 ASSIGNMENT OF AND AMENDMENT TO LEASE PAGE 4 of 4 CITY OF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranclum Date: To'. From.' April 10, 2OO3 Linda L. Snow, City Manager Kim Howard, Assistant to the City Manager Consents to Assignment of Lease and Security ~tssignment of £ease- Alaskalanes, Inc. and Ken Liedes and Mike Trujillo, Individually to Alaskalanes, Inc. and Ken Liedes, Individually Archer Escrow Co., on behalf of Alaskalanes, Inc. and Ken Liedes and Mike Trujillo, Individually, have requested approvals of the attached Assignment of Lease and Security Assignment of Lease to Alaskalanes, Inc. and Ken Liedes, Individually. This is the property on the Spur Highway where the bowling alley is located. The lease states, "Lessee with City's written consent, which will not be unreasonably denied, may assign for other than collateral purposes, in whole or in part, its fights as Lessee hereunder." The parties are in compliance in payment of taxes to the Borough. However, $4,461.78 is owed to the City for delinquent lease payments. The City Attorney has reviewed the documents and has no objections as to the form of the documents. Approval of the transfer by the Small Business Administration is also required. Does Council wish to approve the transfer pending the parties becoming current with the City and if the Small Business Administration has no objections? If so, a Consent to Assignment of Lease and a Consent to Security Assignment of Lease can be prepared for your signature. Attachments Cc: Archer Escrow Co. er Escrow Co. P.O. Box 1331, St~~ AI~ 99672-~331 Pho~ (907) 260-3200 Fax ?hon~ (907) 260-~242 April 10, 20O3 F:im Howard City of Kenai _RECEIVED ii C)TY OF ~E)q~) AD )~,! ~J ) S T,~ ~T)mN Tn~jillo/Licdes Our Order No: 03-748 Dear Klm: Attached please find the proposed Assignment of Lease, Sec'ufiry Assilpunent of Lcasc and thc recorded Deed of Trust, which is being assumcd. Please note, the dlfFcrencc in corporate titles. The plan is to sign the closing documcn~s and then Trujillo will resign as Pv:siclen~ and the corporation will appoint Kenneth as President and Karl as Secn:tary. Please get this 'on thc agenda for approval. If you need any additional in.fo~do~, please do give me a call Sinccrley, Arc~scrow Co~mpany of Al~slm 1April 10, 2003 Kenneth Liedes PO Box 1509 Kasilof, Alaska 99610 To City of Kenai Mayor John Williams City Attorney All City Council Members Re: Approval of Stock Sale To Whom It May Concern: Please accept my apology for being unable to attend the City Council meeting, but prior commitments prevent me from being present. I hope the information contained in this letter will prove sufficient. I, Ken Liedes, am asking the City Counsel of Kenai to approve the change of stock sale of Aiaskalanes, Inc. Current President and majority stockholder, Mike Trujiiio, has signed an agreement to sell his shares to me. I would then control 91% of the stock. Six (6) years ago, Alaskalanes sublet 5000 square feet to F&M Leasing (Mike Trujillo). For the past four (4) years Alaskalanes has received only half of the amount owed by F&M. if the sale of the stock is approved by the City of Kenai and the Small Business Administration, Alaskalanes will be receiving 100% of the rental income. This in turn would allow Alaskalanes to stay current with it's lease payments during the summer months. The anticipated proceeds would b.e sufficient not only to service Alaskalanes lease payments, but to bring all debts owed by Alaskalanes current and in some cases totally pay the outstanding debt. However, this can only happen upon approval and closing of the sale. The only two issues remaining are approval by the City of Kenai and approval by SBA. SBA's agreement will be partially based on the decision of the City of Kenai. The following are some items of interest you may want to consider. Alaskalanes is the only Bowling Center in the Soidotna, Kenai, Nakiski area. The average cost to build a Bowling Center today is $160,000.00 per lane bed. A ten (10) lane Center would run approximately 1.6 million dollars. Considering the cost of new construction, it is unlikely that a new center would be built. To date, Alaskalanes Kenai and Soldotna Bowling Associations in unison have donated $60,000.00 in scholarship funds to local school children through our Bowling Programs. The loss of the Center would have a tremendous negative effect on the area students who enjoy bowling. Provided the sale is approved, Alaskalanes hopes to initiate a highschool bowling program next year with the aim of making bowling a letter sport for boys and girls. The program would be run through Alaska Bowling Proprietors Association of which I am the President. This program, successfully piloted in Anchorage two (2) years ago, would also generate scholarship monies. I urge you to please allow this sale to go through, not only for our mutual financial benefit, but for the benefit of all those who love the sport of bowling. Thank you for your expedient consideration of this matter. Ken Liedes, Alaskalanes General Manager, Corporate Secretary 8411812883 18:22 9072G03242 ARCHER ESCROW PAGE 82 ASSIG~i'~ OF LEASE This Assignm~t of L~ase, entezed ~:o between Alaska Lanes, Inc., an Alaska corporation, Michael Trujillo and Kenneth Liedes, whoso add:ess is ltiilc $.S, Kasiiof, AK 99610, hcr~afler referred ~o as the Assignor;, and Al,ash Lanes, Inc., au Alaska corporstion and Kenneth Liedes, jndi~dually, whoso address is P.O. Box 1S09, Kenai. AK 99611, hereinafter ~ef'ert~d to as Assignee. Assigno: does hereby assign and wamfcr ail of ~ interest in the Leasehold tSstatc to Alaska Lanes, Thc., an Alaska corporation and Kenneth Liedes, individually, as evidenced by that ccrtaizt Lease Agreement with City of Kenai, as Lessor, recorded October 2~, 1983, in Book 221, page 824, and covering the following described real property: Lot 3-A, Block 1, ac. cordin§ to the plat of SPUR SUBDMSION NO. 1, 1~83 ADDITION, filed under Plat ~,_,w,ber 83-211, Records of the Kenai P. ccordin~ District, Third ludicial District, State of Alaska. To have and to hold the same from the date hereof, for'and during all of thc remainder yct to como of thc term of said Lea. sc Agreement. Assignee(s) agree to comply fully with all the terrm ami provisiom of the Lease, az~ to hold the Aui~nor harmless from any liability arising thereunder. IN WITleSS WHF. R~OF, the said A~signor bas hereto set his hand and seal this day of ASSIGNOK; Michael Tmjillo Alaska Lanes, Inc. Michael Trujillo, Presid~mt By: Ecn~er.h Licdes, S~crctary' Kenneth Liedcs Assignmem of Lease TrujiDo/Alaska Lanes, Inc. Page Two ASSIGNEE: Kenneth Liedes Alaska Lanes, Inc. By:'Kenneth Licdcs, President By: Karl Liedcs, Secretar'/ STATE OF ALASKA Third Judicial District THIS IS TO CEKTIFY that on this day of thc undersigned Nolm-y Public, personally appeared Micha-e! Trujii!o~ Aln. ska~ Lanes, Inc. and Kenneth Liedes ___ ,2003 --known to me and to mc known to be ~c indivi~lual(s) described m and who executed the foregoing i~su'umemt and hr/she/they ack~wleclged to m~ that he/she/they signed th~ s_~me freely and voluntarily for the uses and purposes therein set forth. Notary Public in and for the State of Alaska My Ce~ssion Expires: STATE OF ALASKA THIRD K.rDICIAL DISTRICT Corporate Acknowl~dgn'lent 'II-HS IS TO CERTIFY r. hat on this day of .. _, 2002, the und~rsif~ned Norm7 Public, personally appea~¢d Michael Trujillo' and Kenneth Liedes, known to me to be thc President and Secretary of Alaska Lanes, Inc., au Alaslm corporation, Michael Trujillo and Kenneth Liedes, the corpozation described in and who executed the foregoing ins~nt and he/she/they acknowledged to me that he/sh~ they is/are authorized to exzcute the foregoing and signed the same freely and voluntary for the uses and purposes therein set forth. 04/10/2003 lB: 22 9072S03242 ARCHER ESCROW PAGE 04 Nota~ Public in arid i'c~z rh~ State of AlaSka My Comm~sion Bxp~s: STATE OF ALASKA THIKD JUDI~ DISTKICT Corporate Acknowledgment THIS IS TO CEI¥IIFY that on this clay of ,2003, the undersig~ct Notary Public, personally appeazed Kenneth Liedes and Karl Liedes, kno~ to rnc to be the ncwly elected President sad newly elected. Secretary of Alaska Lanes, Inc., an Alaska .corporation, Michael Trujfllo and Kenneth Liedes, the corporation desc'n'bed in and who cxe~ted thc foregoing instnu~ent and he/she/they acknowledged to me that heJsb.¢ they h/are authorized to cxccute the foregoing and signed the same freely and volu~l~rily for the uses and purposes thcrcm s~t forth. Notar~ Public in and for thc Sram of Alaska My Commission expires: After recording, return to Assignee SECURITY ASSIGNMENT OF LEASE KNOW ALL MEN BY THESE ?RESENTS that Alaska Lanes, Inc., an Ahska corporat/on and Kenneth Liedes, individually, whose addxess is P.O. Box 1509, Kenzi, AK 9~611, Assignees under that ccrta~ Assignment of Lease recorded , trader Serial No. 2003= __ ~l hereafr~r referred m as Assignor, covering lo'wing describedproper~, ' Lot 3-A, Block 1, according to r.h~ plat of SPUR SUBDMSION NO. 1, 19~ ADDITION, filed under Plat. Number ~,~-211, l~cords of the Kensi R.¢cordin~ Distr/c~, Third Judicial District, Stat~ of Alaska. Does hereby assi~ for good and valuable consideration, a securit~ intronic, in Lease recorded October 26, 19~3 in Book 221, at page 824, to Small Business Administration, whose address is 510 L Sireet, ~10, Anchornge, AK 99501-19S2, hcrcaf~r referred u~ as Assignee, and assigns, for the term commencing on the day of ~ 200___.~ until Deed of Trust is paid in full. Said De~d of Trust being recorded December 20,1991, in Book 393, at page 264. The Assigncc herein agrccs to comply fully with all the tcrms and provisions of r. he Lcasc, and W hold the Assignor hannlcss from any liability ari$i~ th=cund~r. day of IN WITNESS WHEREOF, the Assi,~nors and assignee has lz~unto set their hands this ,200 . ASSIGNOR: K~n~e~ Licdcs - Alaska Lanes, Inc. By: Kenneth Licdes, President By: Karl Licdes, Secretary 04/10/2003 18:22 9072E~03242 ARCHER ESCROW PAGE gE, STATE OF ALASY,-A Ihixd ludicial District THIS IS TO CERTIFY that on this undersigned Notary Public, personally appeared Kennefl~ Lg-d~s )$$. clay of . __, 200:3, thc known to me and to me known to be the individ~(s) described in and who ex, cured the fozegoing insuumcnt and he/she/they acknowl¢clgcd to m~ that he/she/they signed thc same freely and voluntarily for the uses and pt=poses therein set forth. Notary Public in and for the State ~f Alaska My Commission Expires: STATE OF ALAS~ ) )ss. Corporatz Acknowledgment THIKD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ~ day of ,2003, th~ tmd~i~ed Notary Public, personally appeared, Y,,enneth Liedes sad Karl Liedes, tmown to me to be ~he President and Secretary, respectively of Alaska Lanes,. Inc., an Alask~ corporation,, thc corporation described in and who cx¢cuted the foregoing instalment and hc/she/they acknowledged to me that he/she they is/are authorized to execute the foregoing and $itlm:d the same freely and voluntarily fo= the uses and purposes therein act forth. l~otszy Public in and for thc State of Alaska My Commission Bxpircs: MEMORANDUM TO: FROM: Kenai City Council /~a rj Wiley Treasurer, Skyview parents' after graduation party DATE: 4/1/03 RE: Use of recreational center We, the parents planning the Skyview High School after graduation party, would like to request the use of the Kenai Recreational Center for the after graduation party on Wednesday, May 21 st. We plan on beginning right after the graduation ceremony, so about 10 p.m. and finishing up at 3 a.m. We are planning a safe night of entertainment and fun for the graduates and each one of their guests. We also ask that you waive the fee that is normally charged or if that is not possible to give us a reduced foe for the use of these facilities. We have a clean- up committee that will make the facility ready for its next use. Thank you for your consideration of this request. Marj Wiley PO Box 199 Clam Gulch, AK 99568 262-9586 (h)262-4478 (w) CEPOA-EN-CW-PF 14 April 2003 MEMORAND~ FOR RECO~ SUBJECT: Kenai River Bluff Erosion Study- Project Status 1. Environmental and engineering studies have been initiated and are ongoing. The full extent of the environmental studies will not be known until the hydraulic modeling has been completed. Benthic Study- Bed material samples of the tidal area along the bluff were collected April 3~a and 4t~. A reimbursable services agreement has been set up with the University of Alaska, Fairbanks to identify benthic organisms. Bird Survey- The first of the bird surveys will be conducted in mid-April. Fish Study- A cooperative agreement has been set up with the Alaska Department ofFish and Game to conduct fish studies for the project. Fieldwork will begin in spring 2003. River Survey - Cross-section survey of the fiver will be conducted in May/June 2003. This data will be used in the development of the hydraulic model of the lower fiver reach. Hydraulic Study- Modeling of fiver conditions with and without bank stabilization will be conducted following receipt of the cross-section survey. Sedimemation Study- The sedimentation study by the Waterways Experiment Station (Corps' research laboratory) has been initiated. 2. Total study funding available is $500,000. Funding expenditures to date: In-house $140,000 Contract and agreements $130,000 (This includes the total cost of the sedimentation, fish, and benthic identification studies) Remaining study funds $230,000 3. For additional information please contact the project formulator, Mr. Patrick Fitzgerald at 907-753 -638 or the project manager, Mr. Ken Turner at 907-753-5790. CF: Snow/City of Kenai Tumer/POA-PM-C Patrick S. Fitzgerald, P.E. Project Formulation Section Monthly Repert For April !6, 2003 Kei,th Komelis, Public Wo,rks Manauer McCollum & Aliak. LID: Council passed the resolution directing the continuation of this project at the public hearing on April 2. The city is going to assess the property owners one lot deep to maximum of 150 feet. The city is also going to pay for the Lions Club sham. We am now waiting on additional grant funding from the State of Alaska, which we should receive in August 2003. The plan is to start the surveying and engineering to complete the bidding documents this winter and start construction in early 2004. Pillars LID: Alaska Roadbuilders has finished everything but the topsoil and seeding. Basin v.iew%, Tovon Way, ,& Scho,..oner Circle LID: The engineering has been completed. The property owners gave input during the preliminary engineering stage of the project at a public meeting where everyone was notified. All throe projects are scheduled for bid opening on April 29, 2003 and should be before the City Council for award at the May 7, 2003 meeting. Kenai Coastal Trail and Ero,,sion Control proiect: report from the Corps. The City Manager has requested a project status New Well Hous. e .4...: Kraxburger Ddlling has determined the site north of the Spur Highway is impossible to reach without building a mad due to the wetlands that surround this site. We are now looking at a site on Beaver Loop next to the sewer interceptor line. If we put in a well at this site a water main parallel to the sewer interceptor would be needed. Also a water line north to the Spur main would be advantageous. Wastewater Facility Plan (WWFP}: I have reviewed the Wastewater Facility Plan with CH2M HILL. They are in the process Of completing the final plan. We are asking them to do some additional work on our GIS. The Water and Sewer rate study was submitted to the City Council and the rotes are being adjusted by an increase of 10% for water and 12% for sewer as per Resolution No. 2003-16. Brid;e Access Road W & S F.,easibilitv Study: Wince-CorthelI-Bryson is the engineering consultant on this project. It is being paid for by an Alaska DEC and a Federal ED^ grant. They are working on the amendment to the contract, which is the preliminary design. This project will be ready for the construction. Boatin~ Facility: The lease for the Kenai Public Dock Stations No. 2 & 3 (as one bid) is Apdl 10. The award should be before the City Council on Apdl 16. The rate changes that council approved plus a few other ones recommended by the Harbor Commission will be ready when we open in May (along with new fuel pdces). S,a, fety: The new Site Specific and General Health & Safety Plans have been sent to each city facility. G,ASB 34: Public Works is working on city asset identification along with dates built and cost. This includes roads, water, sewer, streetlights, buildings, and appurtenances. KMC Changes to W & S Re;ula. ti..on.s: we have some changes to our water and sewer rules and regulations that need to be made. The changes do not affect the budget and can be discussed later. Streets: We are sweeping streets and parking lots, grading roads, building a street light storage area, repairing signs, removing downed trees, repairing damage from the wind, and repairing road drainage. Them are PO's totaling $45,545 going to council for approval for d..u. st .control this year (2002/2003). At this time, dust control has been deleted from next years 2004 budget. Water & Sewer & STp: We are thawing, repairing, and flowing fire hydrants, backwashing well houses, working on the SCADA communication system. The painting in the well houses is complete. The Wastewater Treatment Plant has rebuilt a waste pump and replaced some minor old outdated controls, instruments, and equipment. Memo To: Fronl~ Re: Linda Snow, City Manager Chuck Kopp, Chief of Police April 10, 2003 March 2003 Report Dudng March the Kenai Police Department responded to 436 calls for service. The Communications Center received 65 911 calls for emergency assistance. Sgt. Gus Sandahl successfully completed Polygraph Examiner Scl'{ool and will begin a two-year intemship. The Kenai Police Department is the only police agency on the Kenai Peninsula that offers pre-employment polygraph screening for law enforcement applicants and as an investigative tool in major crimes. Three homicides, and numerous lesser assaults have been successfully resolved by the Kenai Police Department due to use of polygraph. Officer Langseth attended a one-week Datamaster instructor certification course. The Datamaster is the breath test instrument used by the State of Alaska for all official measurements of breath alcohol concentration. Officer Miller attended a one-week Standardized Field Sobriety Testing instructor class. He will assume quality control for the department's ongoing training in field sobdety testing. This is critical due to an increase in use of drugs and other intoxicants besides alcohol among impaired drivers. Officers Tumage and Hershberger have completed their first of three months at the Department of Public Safety Police Academy in Sitka. Both officers are excelling academically, ranking ~r2 and ~ in their class of 38. Chief Kopp and Assistant Fire Chief Tilly presented an "Are You Ready" disaster preparedness presentation to the Kenai Rotary on behalf of the Local Emergency Planning Committee. This is part of an ongoing effort to educate our community about disaster preparedness for natural disasters and national secudty emergencies. Officers Kelly George and Mike Louthan completed their instnJction of the 5th Grade Drug Abuse Resistance Education (DARE) program at Mountain View Elementary School. This program is delivered in 17 lessons, one per week per class, and is focused on developing life skills in young people that will help them choose to live a life free of drug and alcohol abuse and violence. A special culmination ceremony for the 150 students graduating from the program will be held Apdl 15, 2003, 7:00pm, at the Mountain View Elementary gymnasium. This is a very special program attended by over 500 people (parents, guardians, visitors, and the students). The press will be there and Chief Kopp extends a warm invitatiOn for our Council to attend. CITY OF KENAI "0il Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM: THRU: DATE: SUBJ: City Council Larry Semmens, Finance Director Linda Snow, City Manager April 11, 2003 Investment Report At March 31, 2003 the City had investments with a market value of $33,487,822.56 which is up slightly from a year ago. The portfolio yield is 2.57% compared to 3.98% last year and 3.07% last quarter. The breakdown of types of investments held is: US Agency Securities AML Investment Pool Bank Balance $ 29,254,708.57 $ 1,671,011.99 $ 2,562,102.00 Short-term interest rotes have continued to be at 40 year lows. As securities in the portfolio mature or am call~ they am mplac~ with lower yielding securities resulting in a declining yield on the portfolio. The current market expectation is for the Federal Reserve to reduce rotes up to 50 basis points by summer. Intem~ rote movement is unpredi~able both in terms of direction and timing. I have been reluctant to invest in the 5 year area because the rote pickup doesn't seem to offset the probability that rotes will be up somotime in .the next couple yearn. My base strategy of investing these funds is to buy and hold. As cash is available I invest it at the best rates available within the time frames nec~ssar~ to meet cash flow nec~ls. Some of the secudties in the portfolio are callable, which means the issuer can redeem the security for the par amount at their option. A call oc~um only when rotes am falling, which means that the investor will roinvest at a lower rate of interest. On a very infrequent basis I sell a security to meet cash flow or to increase yield by purchasing another higher yielding investment. If you have any questions or comments about the City's investments please contact me. A copy of the portfolio is attached. CITY OF KENAI CITY OF KENAI INVESTMENTS 3/31/2003 SECURITY SLMA Fit FHLB 3.16 FHLB 2.5 FHLMC 3.5 FHLMC 3.4 FMCNT 3.25 FNMA 3.5 FHLMC 3.05 FHLMC 2.25 FNMA 3.60 FNMA 3.6 FNMA 2.5 FNMA 2.6 FNMA 2.45 FHLMC 2.0 stepup FMCNT 3.3 FHLMC 2.257 FHLB 3.8 FHLMC 2.00 FNMA 2.02 FNMA 2.0 FNMA 2.5 FHCI 9.50 FNMA 2.5 FNMA 3.2 FHLMC 2.625 FHLB 2.0 FHLB 2.5 FNMA 3.05 FHLMC 4.0 06~30~02 03/31/03 EFFECT. carrying value Market Value RATE $500,985.00 $1,004,380.00 $994,690.00 $1,006,150.00 $1,506,840.00 $1,002,520.00 $1,008,750.00 $1,000,000.00 $997,812.50 $502,015.00 $1,013,125.00 $1,000,000.00 $999,375.00 $999,687.50 $700,000.00 $1,006,093.75 $1,000,000.00 $1,008,130.00 $1,000,000.00 $2,000,000.00 $997,500.00 $1,000,000.00 $324,248.63 $1,000,937.50 $1,001,930.00 $999,375.00 $1 ,ooo,ooo.oo $500,000.00 $999,843.75 $1,023,089.00 DATE PURCH. $500,360.00 $1,011,250.00 $1,007,810.00 $1,019,680.00 $1,528,21 5.00 $1,021,160.00 $1,005,000.00 $1,004,970.00 $1,004,610.00 $507,O30.00 $1,014,060.00 $1,000,940.00 $1,000,940.00 $1,001,880.00 $700,217.00 $1,006,460.00 $1,000,630.00 $1,037,810.00 $1,004,470.00 $2,005,620.00 $1,000,000.00 $1,002,500.00 $316,406.57 $1,006,250.00 $1,006,250.00 $1,005,030.00 $1,000,000.00 $501,720.00 $~ ,oo5,ooo.oo $1,028,440.00 DATE DUE 1.55 8/8/2001 7/16/2003 3.16 10/29/2001 10/29~2003 3.42 12/12/2001 11/14/2003 3.52 2/20/2002 2/20/2004 3.40 2/20/2002 2/20/2004 3.61 11/30/2001 5~20~2004 3.50 6/24/2002 6~24~2004 3.05 7/15~2002 7/15~2004 2.36 9~24~2002 9/24/2004 3.60 10129/2001 1012912004 2.38 9~24/2002 10/29/2004 2.50 10/29/2002 10/29/2004 2.63 10/29/2002 10/29/2004 2.47 12/6/2002 12/6/2004 2.00 1/28/2003 1/28/2005 2.66 8/13/2002 2/1/2005 2.26 3~4~2003 2/7/2005 4.00 2/8/2002 2/812005 2.00 2/18~2003 2/18~2005 2.02 2J28/2003 2/28/2005 2.11 312812003 6/28~2005 2.50 1/28/2003 7/28/2005 7.69 8/22/2000 8/1/2005 2.40 2/12/2003 8/5/2005 3.13 9/13/2002 9~9~2005 2.65 2/4/2003 1/13/2006 2.00 2/13/2003 2/13/2006 2.50 3/10/2003 3/10/2006 3.06 2/12/2003 8/11/2006 2.40 9/21/2003 9/13/2007 AT MATURITY (PAR) 500,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,500,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 500,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 700,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 304,741.08 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 500,000.00 1,000,000.00 1,000,000.00 SUB TOTAL $29,097,477.63 AML POOL $1,671,011.99 $30,768,489.62 REPO $2,562,102.00 TOTAL $33,330,591.62 $29,254,708.57 $1,671,011.99 $30,925,720.56 $2,562,102.00 $33,487,822.56 1.23 1.05 29,004,741.08 1,671,011.99 2,562,102.00 33,237,855.07 TOTAL CURRENT YIELD 2.57% Senior Center's Monthly Report Total number of days open in March' 21 # Congregate Meals Served # Home Meals Served Number of assisted fides' Number of unassisted fide: 954 1,270 346 272 The facility was rented four times this month. AARP provided Defensive Driving Classes for two days. There were 20 people in attendance. March 15 was the Health Fair in which we rented a booth with other area senior centers. Volunteers from each of the four represented centers hosted our booth. We displayed pictures, gave away brochures representing each center, explained transportation offered as well as our meal program. We answered questions and made available forms and booklets about Medicare, prescription drags, and utility assistance. This month we logged 742.5 hours of volunteer service. The director attended workshops concerning Medicaid payment and submitting claims for the "Choice Wavier" program. She also attended the workshop on being "HIPPA" compliant. She continued to finish up the '04 budget, completed and submitted the United Way grant, and submitted the MobilExon grant for a summer maintenance person. The seniors have been involved with workshops on tracing and writing about family history and computer classes continue to be very popular. There is big concern about the longevity bonus with many seniors attending public heatings and contacting their representatives to voice their opinion. The State has alerted us that our funding across the Peninsula will be cut 21%. There is a push for coordinated transportation or losing funding if not coordinating with an area- wide transit agency. The director is looking at how to coordinate with other agencies so we meet our grant guidelines. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAh ALASKA ~9~11-7794 TELEPHONE 907'-283-]'535 FAX 907-283-3014 ~ MEMORANDUM TO' FROM' DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manage~.5~ April 8, 2003 Department report-Council meeting of April 16, 2003 , , , ,, , ,, , A Public Works bid information sheet is attached. The ordinance to adopt the new International Building Code will introduced at this meeting. As discussed with you, we are recommending an increase in residential building permit and plan review fees. Bob Springer and I will be attending a seminar April 10 and 11 to further review the new codes prior to adoption. The Planning Department is working with consultants to update the water and sewer layers of the GIS program. We will have the ability to produce compiled water and sewer data for anyone that may need it. In addition, the project update will provide the department the ability to produce map books of the city. Memorandum Date: From: April 10, 2003 Linda L. Snow, City Manager Ewa Jankowska, Library Director Kenai Community Library-March 2003 Report Despite the Spring Break the Library's circulation (books check-out or renewed) was up 9% compared with the previous month and 6.8% as compared with March 2002. We had 8559 persons registered at the gate and 128 requested a library card. We are very happy to see the Library so busy! Since March is the National Youth Art Month all our Thursday reading hours focused on art in general and on specific childrens books iilistrators. Children seemed to enjoyed Matisse, Monet as well as Tomie dePaola and Eric Carle - of the picture books fame. March was also a busy month for the Library staff attending education programs. Ewa and Corey attended the Alaska Library Association Conference in Juneau. The conference was very well organized, packed with many interesting and useful programs and presentations. Corey gave a presentation on the library staff exchange grant and Ewa met with the State Librarian and Alaska library directors who share similar technology and budget concerns. She also went to see Tom Wagoner to give a plug to keep the "Databases for Alaska" in the University of Alaska's budget. Cindy, our "computer librarian" attended a week-long training given by the Bill & Melinda Gates Foundation in Anchorage. Attending this program was part of the agreement that we signed upon the receipt of the grant. She reports that it was an excellent program taught by 7 Gates teachers. Since Alaska is the very last state participating in this particular Gates Foundation program we seemed to have profited by getting the most up-to-date equipment and the best teachers from the Seattle office. We have started to work on assembling the content server and the workstations that came through this program and soon will be able to present a wonderful new array of databases and programs to our patrons. Main Stm~t Loop Kenai, Alaska 99611 REPORT FOR MARCH, 2003 CIRCULATION Adult Juvenile Easy Books Fiction 2040 Non-Fiction 1842 Periodicals 88 456 346 1325 265 Cassettes Intemet Access CDs Kits Misc. 190 1026 187 23 47 Puzzles 6 Videos 1282 DVD 102 Total Printed Materials ............... 6362 Total Circulation ............................ 9225 WEBPAC Searches .................... 1017 ADDITIONS Docs Adult Juvenile Easy Books AV Girls 1 77 38 14 63 Purchases - 56 9 17 12 Total Additions ............................... 287 INTERLIBRARY LOANS Ordered Received Return ed Books 41 34 37 INTERLIBRARY LOANS BY OUR LIBRARY ............ 46 1NTERNET USE ......... 1026 VOLUNTEERS Number .... 13 Total Hours .....166 INCOME Fines and Rental Books Xerox Lost or Damaged Books $1,494.69 316.75 267.30 Total Income for March, 2003 ............ $2,078.74 Library Cards Issued March, 2003 Kenai 65 Clam Gulch Homer Kasilof Nikiski 14 Ninilchik Soldoma 32 Sterling Other Total 128 Library Patronage ...... Adult Programs ........ Childrens Programs... 8,559 Persons 77 Persons 524 Persons nal Municipal Airport Airport Espresso Bar: The owners of Wings Family Diner are requesting to rent the glassed- in area currently donated to the Kenai Chamber. If approved, they will relocate the coffee bar from the restaurant to better serve the traveling public. The proposed lease amendment and purchase orders to provide water and sewer service are included in this packet for Council approval. I am also working with Kay Shearer, the newly appointed Executive Director of the Kenai Chamber of Commerce to develop an alternate area in the airport for the Chamber display. 3rd Annual Central Peninsula Air Fair & Fun Flight: Planning meetings are ongoing for the evem planned for Saturday, May 31st. A logo is being developed for posters, t-shirts, and postcards. The postcard mailing is scheduled for May 1 and everyone is encouraged to submit names and addresses for the mailing list. Ads will be posted in the classified section under "AIRPLANE" in the Anchorage and Fairbanks newspapers and Jay Barrett will be addressing other advertising avenues. The registration form, mles, and agenda will be available at the following websites' www. KenaiAirp.ort.com and www.ci.soldoma, ak. us. The Kenai Airport and the local chapter of the EAA (Experimental Airera~ Association) will serve breakfast from 8am - 1 lam at the Kenai Airport Operations Facility with the bar-b-que from lpm- 3pm at the Soldotna Airport. The evem is being held in conjunction with the First Flight Centennial and booths and static displays are welcome. We are looking for pioneer aviators to join us for breakfast or lunch and share their stories. The concept is to provide each pioneer with a table to display photos or other memorabilia and encourage folks to sit with them and enjoy the flying stories and companionship. If you know any local pioneer aviators that might be interested please contact Kenai coordinator Mary Bondurant at 283-7951 x 22. Airport Triangl~ Landscaping Project: A landscaping project to improve the appearance of the east end of the triangle green strip has gained approval from the Airport Commission and the Parks and Rec Commission. This project will address only the area around flagpoles. Steve Booth has provided a landscaping plan with a new sign designed by Sherman Signs. The purchase orders and detailed plans are included in this packet for Council approval. Airport Marketing: Airport hosted an open house for Borough Assembly and assorted guests at the Regional Fire Training Center to support Police and Fire department efforts to establish a regional EOC in Kenai. Airport Manager cominues to work with Jack Brown, KPB Business Development Manager, on potential projects at the Kenai Airport. Airpor~ Se~nrity: Airport Manager is working with Era Aviation, Transportation Security Administration (TSA) and others in the hope that TSA can continue providing agents to screen bags outbound from Kenai Airport for' transfer to other airlines. Date: To' Subject: INTEROFFICE MEMORANDUM KEN.4I FIRE DEPARTMENT April 8, 2003 Linda Snow, City Manager Scott Walden, Fire Chief March 12 through April 8, 2003 Department Report During this period, the department responded 99 times for emergencies. The HIPAA program continues to take a lot of time, but will be completed before the April 14 deadline. We worked closely with Council, City Administration, KPD and Borough Assembly members to promote Borough use of the EOC. The FEMA Fire Act Grant was submitted, coordinating the request with the Kenai Police Department and Dispatch to enhance interoperability of our communications system by providing mobile repeaters in emergency vehicles. This should provide clear communications from portables and vehicle-to-vehicle, including mutual aid departments responding to assist us. It will improve personal safety for public safety employees as well. $50,000 was requested. If awarded, the grant requires a 10% match. Asst. Chief Tilly and Chief Kopp developed an outreach program for the City and LEPC, and a new column in the local paper began, with local firefighters answering questions on emergency preparedness. Firefighter Terry Bookey organized a successful blood drive at our department March 20th. We thank everyone that donated. We attended the Support Our Troops rally April 5m at the LeifHansen Memorial Park. We plan to host the planting meeting of the Beautification Committee, in cooperation with Parks & Rec in May. Three of our Fire Department families had babies this past month: Congratulations to John and Sharon Hams, Jason and Lisa Diorec, and Tony and Dianna Prior. Only two more to go for this year. Fire Marshal Baisden and Bob Springer have been working hard on the new fire and building code adoption, and have been working a lot on commercial inspections. We have several businesses interested in expansion and reconfiguring their retail space. CITY OF KENAI KENAI PARKS & RECREATION 227 CAVIAR ST. KENAI, ALASKA 99611-7794 TELEPHONE 907-283-3855 i 907-283-7926 FAX 907-283-4675 KENAI All .~ss~iga City MEMORANDUM TO: FROM: DATE: Linda Snow, City Manager Robert J. Frates, Parks & Recreation Director April 9, 2003 Monthly Administrative Report A total of 4,256 patrons utilized the Recreation Center and a total of 1,700 visited the Teen Center during the month of March. Although the Recreation Center numbers remained approximately the same compared to last month, the teen numbers showed a 22% increase. The teen staff has been busy promoting a series of introductory Tae Bo and Yoga activities for youth. Boys and Girls Club teens have been visiting the Recreation Center on Fridays utilizing the gym and wallyball courts. Officer Kelly George from the Kenai Police Department gave recreation staff a brief training session on drug and alcohol use related to the local area. This was a great reinforcement tool and opportunity for staff to increase awareness. We ended taking ice reservations, effective March 31~t. KPHA utilized the rink from April 1 ~ through April 10th for try-outs and paid for all related expenses. Ice is scheduled to be removed the evening of April 10t~. Micah Rogers, groundskeeper, remained busy throughout March conducting various site inspections and completing MSDS documemation. He has been recently working with the Street Department on sweeping sidewalks and training for his CDL. We are planning on setting up the skate park at the Recreation Center toward the end of April. FAA has requested additional information regarding the use of Gusty Subdivision No. 5 (near Adult Softball Fields) for a skate park before a final decision is made. In the interim, we will try and secure monies for asphalt and fencing in the event approval is granted. KENAI MULTI-PURPOSE FACILITY ACTIVITY REPORT Month: March 03 ACTIVITY Customer Type: (hrs.) KCHS Homer H.S. North Pen. Rec. THIS MONTH Rusty Blades 83.75 THIS MONTH LAST YEAR 58 10.5 0 Men's Over 3 5 4 3 5 14.5 Houston H.S. 0 0 Nikiski H.S. 7 0 Homer Hockey Assoc. 17 0 Soldotna H.S. 0 0 Nikiski Hockey (B. Bird) Alaska Firebirds Total Hfs: Revenue: Ice Remal Figure Skating Public Skate Shinny Expenses: Ice Maint. 122.75 $12,888.75 77.00 94.00 $11,703.39 3,800 (estimate) 357.58 Electric Gas Water and Sewer 86 $7,310 183.25 $11,703.39 3,811.19 326.66 57.75 57.75 Sanitation 75.73 75.73 Total Projected Revenue: Total Projected Expenses: $13,059.75 7,493.25 15,974.72 THIS YEAR TO DATE 451.45 139.50 29.50 38.50 0 76 75.25 3 1.50 830 $87,150 724.00 1,041.15 404.25 612.91 $88,915.15 $118,567.78 $15,994.45 $56,761.45 46,967.3O 2,130.04 INFORMATION ITEMS KENAI CITY COUNCIL MEETING APRIL 16, 2003 le Draft Budget Work Session Schedule 2. 4/17/03 Kenai River Special Management Area Meeting Agenda and minutes of March 12, 2003 meeting. 3. 4/9/03 Memo and letter from John Devens regarding Alaska Coastal Management Program (ACMP). e 4/2003 Soldoma Chamber of Commerce, Chamber Connection. e Animal Adoption Fees/Effective May 1, 2003. 6. 4 / 10/03 AML Fax Alert, Big PERS Increase teleconference; Review Sales Tax Bill, HB 216. DRAFT BUDGET WORKSESSION SCHEDULE April 7, 2003 CITY COUNCIL CHAMBERS 6:00-9:00 P.M. Budget Overview: City Manager/Finance Director- 30 minutes General Fund Budget: Estimated Department Time Recreation Linda Snow 60 minutes Bob Frates, Parks & Recreation Commission, Boys & Girls Club Break 15 minutes Recreation, continued 60 minutes April 14, 2003 CITY COUNCIL CHAMBERS 6:00-9:00 P.M. Clerk Carol Freas 10 minutes Visitors Center Ricky Gease 10 minutes Legislative Council 20 minutes Legal Cary Graves 5 minutes City Manager Linda Snow 5 minutes Land Admin. Linda Snow 5 minutes Finance Larry Semmens 5 minutes Non-Departmental Snow/Semmens 10 minutes Fire Scott Walden 10 minutes Break 15 minutes Police Chuck Kopp 10 minutes Communications Chuck Kopp 5 minutes Animal Control Chuck Kopp 5 minutes Planning & Zoning Jack LaShot Public Wrks. Admin. Jack LaShot Shop Jack LaShot Buildings Jack LaShot 5 minutes 5 minutes 10 minutes 5 minutes Safety Keith Komelis 5 minutes Streets Keith Komelis 5 minutes Street Lighting Keith Komelis 5 minutes Boating Keith Komelis 10 minutes Library Ewa Jankowska 10 minutes April 15, 2003 CITY COUNCIL CHAMBERS 6:00- 9:00 P.M. General Fund, continued Recreation Parks Beautification Bob Frates 30 minutes Other Funds Water/Sewer/Stp Keith Komelis 20 minutes Airport M&O/ Admin/Land Terminal Rebecca Cronkhite Rebecca Cronkhite 15 minutes 10 minutes Senior Citizen Funds Rachael Craig Congregate Housing Rachael Craig 10 minutes 10 minutes Break 10 minutes Debt Service Trust Funds Equipment Replacement Fund Schedule 5 minutes 5 minutes 5 minutes Wrap up 30 minutes KENAI RIVER Special Management Area "Working together...for the river" Ie II. *** Meeting Agenda*** Thursday, April 17, 2003 7:00 p.m. Kenai River Center CALL TO ORDER A. Roll Call BY Approval of 3/12/03 minutes 'C. Agenda Changes and Approval PUBLIC COMMENT III. NEW BUSINESS A. KRC Public Education/Outreach Program, Jan Yeager IV. OLD BUSINESS Ve A. Hydrocarbon Sampling Strategy, DEC B. River Terrace RV Park & Other Contaminated Sites Update, Jim Frecchione, ADEC C. Boat Wake Study-Phase II Update D. Moratorium on new Kenai River Sportfishing Guide Permits for 2003, Update, Chris Degemes E. Kenai River Center Update, Suzanne Fisler PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 Alaska Division of Perks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough. Kenai River Special Management Area Advisory Board Meeting Minutes .... Wednesday, March 12, 2003 7:00 p.m. Kenai River Center I. CALL TO ORDER A. R-oil Call Present: Joe Connors, Ted Wellman, Charles Quarre, Ben Ellis, Ken L.ancaster, Pete Sprague, Rick Wood, Robin West, Bill Shuster, Lance Trasky, Chris De~ernes, Jonne Slemons, Linda Sno~v, Dave Westerman, Paul Shadura, Jim Golden Absent: Roland Maw B. Approval of 2/20/03 minutes Ben Ellis referred to page six of eleven regarding sending the letter to the legislature. He said he did not make the motion, as Pete Sprague did, and that needed to be corrected. C. Agenda Changes and Approval Ken Lancaster recommended an Executive session of the board at end of meeting and asked for a motion. Motion made and seconded. II. PUBLIC COMMENT, none offered III. NEW BUSINESS A. City of Soldotna's Proposed Water and Sewer Line Improvements, Rick Wood The project is under design fight now. The proposal is to take the water and sewer down Funny River Road in three phases. Eventually it will extend to the City of Soldotna Maintenance ShOp. This project will take about 30 homes off their individual septic systems this year. The contract for design was awarded to Northem Testing Lab. Henry Knackstead, the design engineer, described the three phases of the project. He stated that test holes indicated coarse gravel but a shallow water table. Many systems Kenai River Special Management Area Advisory Board - Meeting Minutes March 12, 2003 Page 1 of 5 .. along the fiver have been failing due to the shallow water table, so this project will be good for those lots on the fiver and the fiver itself. Chris Degemes asked if the existing sewage treatment plant would be able to handle the increased use. Rick Wood replied that the plant is operating at-about 50% capacity so it will be fine. B. Soldotna Bridge Update, Judy Dougherty, DOT. The proposed new bridge is a 400+ foot clear span structure. It will be 75' high and about 100' wide with pedestrian pathways cantilevered on the outer side of traffic lanes. A construction bridge will be required for the crane and equipment for the temporary bracing. There will also be a detour bridge placed downstream of the existing structure. These two l~-mporary bridges will require temporary piling to be installed in the fiver. ._ As the new structure is being built they will be demolishing the old bridge as. they go. Once the traffic is on the new bridge the temporary bridge will be demolished. The temporary pilings on the traffic bridge will be fairly shallow and will not impact the artesian springs. There will be 5 pile ~oups at about 100' apart for the traffic bridge and a similar amount for the construction bridge. There will be 9 pairs of pilings for the new bridge to hold the deck up as. it is built. The approach to the new bridge is 60' wider than the existing one. The utilities on the existing bridge will be moved to the temporary bridge. Construction is planned to start next spring and last about 18 months. Rick Wood asked about the idea given a while ago for a barge to hold the crane and what. the estimated cost of the bridge is. Judy D. said that idea for a barge to hold the crane was not manageable because of the extended reach of a crane; the estimated cost of the project is $28 million. Ted Wellman said the desig-n looked reminiscent of desig-ns past and asked what designs were considered. Judy said the desi~on may look old but the technology is new. This new bridge is called a Tied Arch structure and was chosen so there were no pilings in the fiver. Jim Golden asked what the life of the current bridge is and if the idea for a second bridge across the fiver was totally eliminated. Judy said that bridges in other locations are not in DOT's program. The bridge was constructed in the 1960's and the current deck is in a bad state of disrepair. Usually a bridge, like. this. has a typical life span of 50 years. · . Judy said DOT has purchased a piece of property off Riverside Drive for a sedimentation pond. They are working on a design at this time. Storm Kenai River Special Management Area Advisory Board- Meeting Minutes March 12, 2003 Page 2 of 5 IV. water currently being collected along the highway near the bridge will be rerouted to the new sediment pond when completed. This pond will be constructed around the same time as the new bridge and will be a permanent structure after the bridge is 'finished. 1~i-¢1~ Wood ask:ed how the sedimentation ponds are maintained when they fill up and what the cost is to clean them out. Judy replied that DOT expects a life span of 7-10 years for the pond before dredging is needed and it will likely c°st around $10,000. Chris Degemes asked if there was any new technology to capture hydrocarbons during spring runoff when the pond is frozen. Carol Sanner, DOT, discussed this and said that is a presumption that has not been found t-6-be true. There is a research project going on now with David Nyman to monitor these sites and they are functioning quite well. They are teSting su. ch things as heavy metals, vinyl chlorides and fecal chloroform. These sites should improve with time as the sites mature in 5-10 years. OLD BUSINESS A. Boat Wake Study, Lance Trasky Lance has held extensive discussions with the Corps of Engineers, and they are good to go. The budget and plan are being developed, but there is a great need for non-federal funds or in-kind match at this time. B. Moratorium on new Kenai River Sportfishing Guide Permits for 2003, Update, Chris Degernes Chris said the report is similar to last month's. There is no identification of funding or resources for a public process yet. The new Commissioner has been busy with other issues, but the Moratorium issue is getting higher on the list. There have been 6 appeals that were denied when the Commissioner's Office chose not to act on them. The next option for those appellants will be the Superior Court. Ben Ellis ~aid he understands Deputy COmmissioner Dick LeFebvre is looking into this and we may see some action. Joe Connors complimented the quality and content of the moratorium letter to the Board ofFish that was written last month. C. Recreation Use Committee Update, Chris Degernes The committee met before the board meeting and reviewed last summer's Recreation Monitoring Project, including what went well, what things need to change and whether we need to continue with a monitoring project this summer. Recommendations were made regarding changes, which Kenai River Special Management Area Advisory Board- Meeting Minutes March 12, 2003 Page 3 of 5 included getting more surveys from guided anglers, work on sampling -more locations and work on a better representation for the'GPS tracking system. There is a clear recommendation from the committee to go ahead and duplicate the process in the lower fiver again this summer. T~Ct' Wellman made a motion that we continue this study this summer and try to increase the survey sampling of guided anglers. Seconded by Charles. Jonne Slemons asked what the cost was for last year and this year. Chris said the GPS units cost $3,000 and there was less than $1,000 in volunteer time. This year there will be no cost for the GPS units and about $1500 for 2 volunteers. No objections. Motion passed. D. K-enai River Center Update, Suzanne Fisler Suzanne discussed the ongoing Fish & Game Habitat changes that have taken up a lot of our time. One ADF&G employee has transferred to the Borough because of it. Suzanne said that as a vacant Kenai River Guide permit was made available, it was filled by a qualified applicant who was willing to be first in line to receive it. She reviewed the list of requirements a new guide must have with them to acquire a vacant permit. State Parks has applied for t~vo Habitat Permits, one to remove a jetty on state land at Bell's Landing on Kenai Lake that has been there for about 20 years without permits and another permit to do repairs at Bing's Landing State Recreation Area boat ramp where holes at the bottom of the ramp need to be repaired. This week Suzanne and several guides will be working on a catch and release video to show at the guide orientations. JeffBreakfield ofFish & Game will give a discussion on the biology and mortality of different fish species. The video will show guides asking Jeff questions such -as certain techniques of catch and release fishing, things they have seen and what new gear is available. Suzanne has also been working on a power point presentation that will identify fishing holes along the fiver. There has been a lot of extra guided angler presence below the bridge in Soldotna due to regulation changes so this will be an opportunity to get information out about how to exit and enter these areas and other issues associated with this topic. Chris Degemes asked about the Borough's access inventory project. Suzanne said it is sitting on a shelf waiting for a public process. The ~ant money that was set aside for implementation can't be used to pay a Kenai River Special Management Area Advisory Board- Meeting Minutes March 12, 2003 Page 4 of 5 ... facilitator or for a public process to sort out what needs to be saved and what can be vacated. Suzanne and John Morhorcich have talked about the potential for the advisory board to provide the public meetings where input can be gathered from the public. She may be able to have John M. come in and give a presentation. PUBLIC COMMENT: none offered VI. ADJOURNMENT A. Board Comments Ben E. said he understands a Parks Director will be named late this week or first of next week. He thinks the Board had some forethought when it dealt with funding and he understands that the general funds will be zeroed out over a two year period and the concept is that two years from now Parks will be self sustaining. Paul S.' There have been hearings on Legislative Bill 107, the shift of Habitat Division to DNR. Lance T.' Has a handout that talks about Glenda Landua's position that will stay at the Kenai River Center and work under DNR Bill S.' Bill said the Forest Service is proposing a Trail River Campground expansion and. this can be a furore board agenda topic. Chris D.' Chris thanked Lance for many years of dedication and service. B. Date/Agenda of Next Meeting April 17, 2003 Kenai River Special Management Area Advisory Board- Meeting Minutes March 12, 2003 Page 5 of 5 Carol Freas From: Sent: To: Subject: John Devens [outreach@pwsrcac.org] Wednesday, April 09, 2003 7:29 AM Carol Freas AK Coastal Mgt Program (ACMP) PWSRCAC AC MP_letter. pdf To: PWSRCAC Member O~ganizations, Board and Committee Members and other potential interested parties From: 3'ohn 5. havens, Ph.D., Executive Director, Prince William 5ound I~egionol Citizens' Advisory Council (PWS[~CAC) As you may be aware, two bills, HB 191 and 5B 143, hove been introduced by the Governor that would drastically change the Alaska Coastal Management Program (ACMP). These bills ore currently being re-worked by the Administration and a Committee Substitute (C$) is expected to be pr'~~ted to the House I~esources Committee in the near future. (A House Resources hearing on the bill was scheduled for this Friday, April llth, but was postponed until further' notice.) While we m'e not certain what the C$ will include, we thought it pertinent to inform you of some of our concerns related to HB 191/58 143 as originally p~esented. Please take a few moments to review the attached letter. As you can see, we agree with the Administration's goal of simplifying the ACMP process, but have concerns with the proposed elimination of the role of Alaskans who would be most affected by coastal development. We urge you to consider alerting your communities and encouraging people to testify at the House I~esources Committee when it takes up the bill. ][n our letter, you will see that we request that the Administration postpone action on this legislation until the public has had adequate time to review the potential changes and have their concerns addressed. Please feel free to contact me at: 907-835-5957 if you hove questions or would like additional information regarding this legislation or PWSRCAC's position. Sincerely, ,Tohn 5. I)evens, Ph.D. Regional Citizens' Advisory Council / "Citizens promoting environmentally safe operation of the Alyeska terminal and associated tankers." In Anchorage: 3709 Spenard Road / Anchorage, Alaska 99503 / (907) 277-7222 / FAX (907)' 277-4523 in Valdez: P.O. Box 3089 / 339 Hazelet Avenue / Valdez, Alaska 99686 / (907) 835-.5957 / FAX (907) 835-.5926 M~MBEP.~ Alaska State Chamber of Comme~ce Alaska Wilderness Recreation & Tourism Association April 8, 2003 Governor Frank Murkowski State of Alaska PO Box 110001 Juneau, AK 99811 Subject: HB 191/SB 143 ACMP Legislation Chugach Alaska Corporation City of Cordova City of Homer City of Kodiak City of Seldovia City of Seward City of Valdez City of Whittier Dear Governor Murkowski: On behalf of our constituent members in coastal communities, we are writing to present our concerns about the proposed changes to the Alaska Coastal Management Program in HB 191/SB 143. The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is an independent non-profit corporation whose mission is to promote environmentally safe operation of the Valdez Marine Terminal and associated tankers. Our work is guided by the Oil Pollution Act of 1990, and our contract with Alyeska Pipeline Service ~ompany. PWSRCAC's 18 member organizations are communities in the region affected by the 1989 Exxon Valdez oil spill, as well as commercial fishing, aquaculture, Native, recreation, tourism and environmental groups. Community of Chenega gay Community of Tatitlek We recognize the laudable goal of simplifying the coastal zone permitting process and of not allowing the process to delay proiects unduly. However, these bills would significantly affect the ability of coastal communities to guide development that affects their own citizens and their own resources.. Cordova I)istrict Fishermen United Kenai Peninsula Borough I(odiak Island Borough I~odiak Village Mayors Association Oil Spill Region Environmental Coalition Prince William Sound Aquaculture Corporation This topic is so complex and affects so many interests that we believe it should be approached carefully and with full input from all concerned. This is a classic case where it makes sense to convene stakeholder groups to work through the issues, identify the real needs and goals of all sides, and to attempt to find consensus on how to do it. We have heard from our members that they have not had adequate time or resources available to fully understand all of the potential impacts of these bills. Predpitous action now can only cause rancor and lead to mistakes at the expense of all coastal Alaskan residents. Therefore, we urge the Administration and the Legislature to postpone action on this legislation until the Public has had adequate time to review the potential changes and have their concerns addressed. It would be prudent to work these issues over the interim and bring it back for legislative action next session. 270.105.030408. A CMPLegi s. doc ~ Pfintecl on flecyciecl Papo~ efficiency should come at the cost of eliminating the role of the Alaskans who would be most affected by coastal development. In closing, we again urge the Administration and the Legislature to postpone action on this legislation to allow coastal communities and agencies adequate time to research the potential changes that will considerably alter their ability to affect proposed resource development proiects in their area. Please do not hesitate to contact me if you have questions or would like to discuss PWSRCAC's concerns with HB 191/SB 143 (phone: 907-835-5957). Sincerely, ~//John $. Devens, Ph.D. Executive Director Cc: Jim Clark, Chief of Staff Director Bill Jeffress, Department of Governmental Coordination Commissioner Tom Irwin, Department of Natural Resources Representative Mike Chenault, Co-Chair, House Resources Committee Representative Hugh "Bud" Fate, Co-Chair, House Resources Committee Representative Lisle McGuire, Chair, House Judiciary Committee Senator Scott Ogan, Chair, Senate Resources Committee Representative John Harris, Co-Chair, House Finance Committee Representative Bill Williams, Co-Chair, House Finance Committee PWSRCAC Board and Member Organization Richard Ranger, Alyeska Pipeline Liaison 270.105.030408. A CMPLegis.d oc April 200/- go lume 16 ........ ~ Visit us at: www. SoldotnaChambe~.com Email us at: info~SoldotnaChambe~.com MARK YOUR CALENDAR ~reat Alaska 5pori'smon 5how in Anchorage .............. Jlllll ~ Home Show ......................... ~ 12-13 Easter ........................................ AIII~ 211 Fairbanks Outdoors ,~how .................................... ~fl125-2/ II .Safari Club Banquet ............. ~ 28 it'S Trade Shew Season! · '--'= Jla- m..- . -'21 . ......... :: ""'~', ........... :"'"'~: ........... :':: ~ ........ ~ :. ' ............ ~'~-'::~ ........ ::~: · ...... 7 The Great Alaska Sportsman Show The Fairbanks Outdoors Show in the starts April 3, and runs through April 6 at Carlson Center runs Apdi 25 through Apdl the Sullivan Sports Arena and Ben Boeke 27. Shanon will be traveling to this show Ice Arena in Anchorage. This show is and will be taking brochures with her! If HUGE, and historically admits over you would like yours to go up, just give us 25,000 throughout the four day event, a call. Don't miss this great marketing Justine and Shanon will be there to rep- opportunity! II'Check following fly~---%x resent Soidotna and hand out recreation Our last Spring show will be the Kenai out the guides to perspective visitors. Last year Peninsula Sport, Rec & Trade Show May Ilinserts in this newsletter~II ~we handed out over 2000 during the 2 through 4. This is the largest trade/~ t :' Frames and Things II ~. four day show, lf you head north for show on the Kenai Peninsula and /' Kenai Peninsula BuildersI[' ~ the show, stop by the Chamber's is heavily advertised Statewide. I Association . II ~ booth and say "Hi"! We hope to see you there! I ° River City Pull II I II BOW Does the Chamber Promote Your BUslnessP I' Soldotna Church of God I IWe work in cooperation with other entities to pro- in the Visitor Center. Il' Soldotna Senior Center IImote the State of Alaska: We Advertise: ' ~ Trash & Treasure Sale ~// · Community Marketing Parmer with Alaska Travel · Alaska Magazine (5 issues) Industry Association. · "The Oregonian "- special Alaska Section · Member of Alaska State Chamber of Commerce, An- chorage Chamber of Commerce & Anchorage Con- vention & Visitors Bureau, Kenai Peninsula Tourism Marketing Council, along with 30 other Chambers and Visitor Centers around the state of Alaska. We Distribute Information: · Operate our own website at SoldotnaChamber. com. · 50,000 Soldotna Recreation Guides with our entire membership listed are produced each year, with over 10;000 being directly mailed out to visitors inquiring about our town. The rest are distributed throughout the state at airports, visitor centers, & lodging loca- tions. · 750 Monthly Newsletters are mailed out to our mem- bers and community. · Fish Alaska Magazine (6 issues) · The Milepost · Peninsula Clarion Visitors Guide-On The Kenai · Kenai Peninsula Tourism Marketing Council - Dis- cove~ Guide · Anchorage Daily News- Visitor Guide · Anchorage Conv.& Visitors Bureau- Vacation Guide · Alaska State Vacation Planner & Web Site We Get Out There: · We attend Trade-Shows; Anchorage Sport, Rec, & Trade Show, Fairbanks Outdoors Show, Soldotna Sport, Rec, & Trade Show, and Anchorage Winter Show, we are also looking at attending shows outside ora las ka / Along with the City of Soldotna, we have produced · New Soldotna Map, produced last year and available "Soldotna Journeys," a video all about visiting our town. Board of Directors President Barbara Elson Wells Fargo 262-4435 Past President Usa Wimmer Wells Fargo 262-4435 President Elect Tim Pope Natron Air 262-8440 Vice President Dena Cunningham McDonalds 262-2221 SecretaryiTreasurer Mike Frost 1st National Bank Alaska 260-6023 Dan Mortenson Four D Carpet One 262-9181 Paul Gray Exploring Alaska w/Paul Gray 262-9008 Norm Blakeley Alaska Trading and Loan 262-6100 Sammie Cole Southcentral Title Agency 262-4494 Theresa Coiton ACS Wireless 260-8657 Jim Golden Alaska Sports Den 262-7491 Kurt Olson Individual 260-4822 Jim Stogsdill City Council Seat 262-5622 Executive Director Jdstine Polzin Visitor Center Coordinator Shanon Hamrick Member Service Manager Erica Williamson Bookkeeper Nita Fena Soldotna Chamber of Commerce Phone 262-9814 Fax 262-3566 River City Pull Tabs 260-6100 JJ Alaska's SOLDoTNA a river, I Lynden has once again offered to I transport our community clean-up ~.~ags from Anchorage for FREE~J StiOW ¥Ollr American prille Mayor Carey has begun a Yellow Ribbon Campaign in support of the safe return of all American Service Personnel. Get your ribbons at City Hall orthe Soldotna Chamber. Proudly display your ribbons on your car an- tennas, in your yards, or help fill up the City of Soldotna tree on the cor- ner of Kobuk and the Sterling High- way between McDonaids and CES. Also in support of our troops, a Red White and Blue Program ~ '~ has been ~~ started. The '~~ Soidotna C /Coun ~~~etter' approVedwrit.a ~.~¢:7,?-".'~ lng Campaign ' ,~.~ for members of the US military. Names of service person- nel to write to are on the City of Soldotna web site. Emaii or drop off your letters to Mayor Carey at City Hall. Letters will be mailed once a week, no packages allowed, and all correspon- dence will be reviewed before being sent. The entire Peninsula is encour- aged to participate. If area schools would like to become involved they can also send letters to Carol Dahlman at Skyview High School. The 4th Annual Veterans Appre- ciation Dinner will be held May 9 at the Soldotna Sports Center from 4- 8p.m. This FREE spaghetti dinner is open to all veterans and their families. It is put on by the Juniors at Skyview High School. Here are our' New Members for. March Advance Tii Payday/ Alaska Catalog Sales Burt Oliver Jr. 44096 Stealing Hwy. Ste. D, Soldotna (907) 260,2629:.i." Payroll Advance. C'ompanies ~ · Gwaitney:,:&~.; Associates Mary Hoyt:..'i.:.. 340 Diane Ln., SoidOtna · (907)..398-7632;.:i:. Insurance Agencies Soldotna Chiropractic & Therapeutic Massage. Clinic Dr, Todd Walker 102 E: Redoubt; Soidotna Anchorage. (907) 262,9117' Chiropractic.-.. R.J. s now has Bird Kites! .... ...... ................... :':~~ ~.:-:~!:. :~ ....... ~ ?" ' Canada The look of real birds! '~ ~oo~ R.J.'s Tool Sharpening ' ' ' " Sterling Hwy. Soidotna ¢,A~ MOW~.RS,~CI~aOI~ fOCUS ,,,~.~,.~,s~ ,.~ 262-6816 I I Ryan Staab, Senior, Skyview High School Rica Howarth, Senior, Soidotna High School The Soldotna Chamber of Commerce honored their March Students of the Month with a certificate and meal at the March 25 Chamber luncheon. We would like to thank Bob Sizemore for sponsoring the Soldotna Chamber of Commerce Student of the Month Program. ACTION OF THE BOARD-THE SOLDOTNA CHAMBER OF COMMERCE HAS ADOPTED THE FOLLOWING RESOLUTIONS: RESOLUTION 2003-01: A RESOLUTION SUPPORTING THE TRI-BOROUGH POSITION PAPER FOR FEDERAL OUTER CONTINENTAL SHELF OIL AND GAS LEASING PROGRAM, 2002-2007 WHEREAS, the Federal Government has advertised its intent to offer the Outer Conti- nental Shelf Oil & Gas Leasing Program, 2003-2007: and WHEREAS, this proposed program will encompass the southern portion of the Cook Inlet and could have an impact on the Kenai Peninsula Borough, the Kodiak Island Bor- ough and the Lake and Peninsula Borough; and WHEREAS, representatives of these three boroughs have met and agreed to work together in reviewing and presenting comments on this proposed Outer Continental Shelf Leasing Program, 2002-2007 and it is the intent of the three boroughs to be involved early in the process of leasing the described area; and WHEREAS, the Td-Borough Position Paper was developed so that their concerns could be considered while the Environmental Impact Study for this leasing program is still being formulated; and WHEREAS, the Kenai Peninsula Borough Assembly approved the Td-Borough Posi- tion Paper with the adoption of their Resolution 2001-127, NOW, THEREFORE, BE IT RESOLVED BY THE SOLDOTNA CHAMBER OF COMMERCE OF SOLDOTNA. ALASKA: Section1. The Soldotna Chamber of Commerce supports the Td-Borough Position Paper and the efforts of the three boroughs to ensure that the conditions of the lease sale in the lower Cook Inlet contain sufficient appropriate requirements to protect against harm to the environment as detailed in the Td-Borough Position Paper. Section 2. This resolution takes effect upon adoption. ADOPTED this 24th day of January, 2003. Barbara A. Elson President RESOLUTION 2003-02: A RESOLUTION IN SUPPORT OF "AN ACT AMENDING THE MANNER OF DETERMINING THE ROYALTY RECEIVED BY THE STATE ON GAS PRODUCTION AS IT RELATES TO THE MANUFACTURE OF CERTAIN VALUE ADDED PRODUCTS" WHEREAS, the manufacturing of value added resources in the state of Alaska serve as a catalyst to economic development in Alaska; and WHEREAS, one of the state's premier value added manufactunng industries is located on the Kenai Peninsula: and WHEREAS, this industry, Agrium Kenai Nitrogen Operations, is exceptional for its combination of high pay levels, amount and concentration of expenditures in Alaska; and WHEREAS, Agrium Kenai Nitrogen Operations is one of the few industries adding value to Alaska's natural resources using Cook Inlet natural gas to create anhydrous ammonia and two forms of urea; and WHEREAS, Agnum Kenai Nitrogen Operations purchases natural gas from oroduc- ers in Cook Inlet: and WHEREAS, Agnum Kenai Nitrogen Operations markets its products around the world competing against majorwodd competition which is pdmanly based upon the moneti- zation of trapped gas resources; and WHEREAS, Agnum Kenai Nitrogen Operations expenditures in Alaska are spread to over 250 businesses statewide with 118 companies located on the Kenai Peninsula; and WHEREAS, House Bill 57 has been introduced which will provide for the State of Alaska to enter into agreements with non-affiliate natural gas producers to accept as the price for the state's royalty share the pnce established in an arm's length contract negotiate between the natural gas producer and a manufacturer of value added producers; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOLDoTNA CHAMBER OF COMMERCE: SECTION 1: That the Soldotna Chamber of Commerce urges the 23rd Alaska State Legislature to enact HB 57, "An Act Amending The Manner Of Determining The Royalty Received By The State On Gas Production As it Relates To The Manuf¢- - Of Certain Value Added Products." SECTION 2: That copies of this resolution shall be sent to all members of th. Alaska State Legislature. ~- SECTION 3: That this resoiu[ion takes effect immediately upon its enactment. ADOPTED BY THE BOARD OF DIRECTORS OF THE SOLDoTNA CHAMBER OF COMMERCE THIS 14TH DAY OF MARCH 2003 Barbara A. Elson President ®2® We had great entries in the Parade this year! The 12m Annual Sol- dotna St. Patrick's Day Celebration was truly a successful event en- joyed by many in the community. It was a per- fect day for a parade, and people showed up in force to enjoy the weather and watch the procession go by. Spe- cial thanks to everyone who entered the pa- rade, to those who the Sterling Senior Center. We wish to extend our sincerest aporeciation to all of lusinesses that ~ .ided merchan- dise and services for this function, as well watched, to Bailey's Furniture for the use of their lot for the parade staging area and Mike Sweeney for organizing the parade and line- up. Many local merchants filled out the Lucky Leprechaun Dollars, which were handed out to the spectators, they also deserve a big thank you for participating in the event. And, we would not have been able to have the parade at all without the help and support of our local police force- THANK YOU! ...... · :iii!i.:i;!~;~'..-a~ :~' ................... :!'!!!:.:~;. .-. .....~::i:..~.:,:~.'~,.,~-- . Many people also .... :~;~:~;~~~ ........... -.:.,. ............ '::~,~::..;;~i,. ::::::::::::::::::::::::::::':: ........ attended the corned * - -.:-*..~:.....~.,:¢. ' ' '"' ' ' ':" :':':' ............ ;.:!i. "':::::i:- ~ ..,:'.~:;~ .:!i? ::~. beef and cabbage dinner, prepared by ::iC:::" :~i¢¢!i;!;iii: ::.; ~;;;:::..:.:.:, People lined the Kenai Spur Hwy. from Bailey's to the "Y" to enjoy theparade and great weather. as to those who bought the items throughout the night. Thank you also needs to go to the Skyview High School Mock Trial Team & National Honor Society Members for serving all of the dinners and helping with the clean up, Safeway for donating the cakes, Kaladi Bros. for the Coffee, BJ's for providing the bar and KC and the Bose Beat for the entertainment and helping with the auction. The grand finale fireworks display was better than ever and enjoyed by record numbers of our community. Special thanks to the following fire- Kids of all ages enjoyed this works sponsors: Conoco Phillips year'sS~ Patrick's DayDinner. and Wells Fargo. We would also like to extend our appreciation to Griz Smith (Fire Art by Gdz) for the spec- tacular show as well as Central Emergency Services for all of their help. Larry VanRay aisc deserves a huge thank you as he donated his auctioneedng professionalism, which contributed to the success of the evening. And, last but not least, kudos to Sammie Cole for help- ing decorate another wonderful event! On behalf of the Soldotna Chamber of Com- merce, our thanks to everyone who helped to make this year's cel- ebration a memorable occasion. I.:: ¢.:'..-:~;:~ii -~...~:~,.:.:iiii-;:::':ia:~:~:~!~.~,:!!iii~ The cake was great! Thanks Safeway! Yhank YOU to'these BusineSses for. their Generous Donati'ons :to. our'S't:' P.at.ri.C'k,;s.DaY Ab ii b'n '" ACS Wireless::. '""Alaska.,s Ken'ak;-. '::' Great:B:earFOrd:-;:..!':: ......... "Agdum Kenai. i:.Nitr:°g~n Peninsula. Chapter::Safad ,:Grossl.~ Ph0tography : ' Natr°~:Ai~ Operations ..... :~' .... Club: IntematiOnal ' .~ Gwi. n,s Lodge:.- .- · NOrthcb~ntW.'F~jr. :.....:...::.;./: AKPHIL Computer'Services "art workS:.. - ': '-~.-' .:..~.: :.:.' :':' :.:"::.',:~:~,?:!.:.:- ?...: :...~..::: ..... :..::.~'!. Hey::::GO:0d: L0:0kin! .::. :" Peninsuia.i. Beau~: SUPPly'~ !: :' · Aspen Hotel . '""':'":'~ ':'":"' ' ............ ' ................... ' ..... ' ..... ....... ...... :-':' Alaska C'enter~of-Natural.!: · . :: .:~i:~,. ..... ~:::::..:.,::.:' ......... i:"~::~"~'::::';:~::::;:":":~'~:;~:':H~i~hi'~i:.~fi:~v~01et-.. '::' Medicine . ' ' . :..: ............... . .... : ........ 'Bee. mu.ni~ Variety'-::. ' ; ;/i ~:':.:-. Oldsm0bile~C'adillaC,.:.inc, ............... · Alaska. Hors.emen:T~il: ::! ::: :': :" Best:.':Western:King ;salmon'.. :' ::.:: .;.: rhlet ~i'~.:' :;'~'~ :': :';:~i ':' ~''' '::::i;' :::.:. :.:;.R'~'in~.~~ ,~a~se::. ;:. ;:..~::: ...'. ..: ~:: Adventures;..' .: :;: :~':" 'Birch ~~leM°tel~'umnt'~::::::':':~ .... :~::;: ~,.~ ,:S~Or:;~N ~k,';lhC:; :.: .:. :.:..::~. BOOKS.: :~::::: ;'" Al' ' '": ~:' ' ' ' :'":~::':~:":'~' ::'''~' " /:.:.. B'&BlCabins:~';: ..: .:~'::? ::::;: '::~:.:~:::-: :".-':' Blockbuster?Video ............................. . ................ : ................. :::'.'~:..": A.aska:.' Radmad :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ndy.: Bouquet: - ............. :' .......... n ..... ' ........ ' ................. ~::~.~;:.; ...... ..:: ;:;:.:..~;;~;~;;~;;:~:::: ..... :::.; :;:. C.apt::~::gligh~S:Lodge& ...... ::... ....... ::,;.;..Kenai~:~:Coffe~::~:Co;.:.?bLc' : ;': .... Alaska sealifecenter ...... GUide.:se~ice: ..... - ............. ... ;::;:;..:::'. Alas~.Sp0~Dem~:';:,. :::;./:: ::::.~ ; "ClaSsACt.Guidese~ice . · :.: ;:::;;'? :.::?;::~:Kenai.: BeninSula::'~CoIlege'. '~':~;;~:'Alaska Wildla. nd::::;~f:''':';:??~;';:?~:~;~:':;;:::: "cu~es:f°~::W0men ........ ~::;~::;;::" ...... "'~' Kbn~i'"'~ea'i~a:ia':Harley':~''''; ...... ";::::St~:~':':':~"':':~&~i;:"':'::::'':::'';?:'':'':::?::: ' ..... ?.:' :Adventures ..... ~'~" . ...... :::.~;:;:t. Davis:.: Bl0ck. Company~ ~:~:.;:;:*:.::Aiaskan P~YSi~I ' '"' "' Donna's: Coun~ & '~ ;':Thempy,.inc:~:::.:: ..... ;; .::.-:::~.;.::.. ?. ........... Victorian. Gifts ': Al:aska-NO~hwest::. GiftS? Fi~ess 'Pi'ace, The: .-:: ;::':;:.~.:~:~:;;:.: ~;::: :~:. ;..: ': ambe.;:;~Tuter .&... Wagner ' ~.ecake:Eady:~:". "SMore : · Fou.-:g ca:met One:' ': " .ynaen ,: ransPo ,.. ' Alaska's' Best· Water ' Frames & Things A~ & "Major: Madn~::Tours:: Tustumen~ E0dg~' :'::":::::':~' ..... Products, Inc: Gift GalleW~ ' Map Shop:,: The::: "UlU:Maker .... - "Ai~an, Rogem & CO. CPA "Great Alaska Car Company ' MykeFs Restaurant "United~.Rental:s:..~.:::.:-..:...: ...: ; ..... . . ....... '3- Soldotna Chamber of Commerce 44790 Sterling Hwy. $oldotna, AK 99669 PRSRT U.S. POSTAGE PAZD $OLDOTNA, Al( PERM~ NO. 5 City of Kenai Mayor John Williams 210 Fidalgo Ave. Kenai, AK 99611 "To provide enhanced success of our membership and serve as a driver in developing $oldotna's future." The 5oldotna Chamber Connection is a monthly publication of the Soldotna Cham- ber of Commerce. This publication is sent to members and associated organizations. Call Us/ 34ail Us/ Fmc Us/ Email Us/ There are many ways to submit story ideas (or stories themselves): 262-9814 44790 Sterling Hwy. Soldotna, AK 99669 262-3566 info~soldotnachamber, com REACH AN AUDIENCE' R]:GHT IN YOUR OWN BACKYARD BATES: " Business Card SiZe: ................................................... $:2 0 Full Page Insert-One a Ail rates are tbr one camera-ready advertisement for one issue of the Chamv~, Connection. All ads must be recieved no later than the 15th of the month preced- ing publication. Send your artwork to the Chamber office or call us at 262-9814 tbr more intbrmation! I I 1 ! ,Il, I I I I I I I I / I ! ) c o CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO' FROM: Kenai City Council Linda L. Snow, City Manager DATE: April 12, 2003 Animal Adoption Fees- Effective May 1, 2003 Pursuant to KMC 3.05.100 (d), providing that the City Manager shall set the fees for animal adoption, the attached animal adoption fees will become effective on May 1, 2003. The fees set are required to consist of charges to deft'ay the cost of vaccinating, impounding, spaying or neutering, and caring for the animal. As reported at the previous city council meeting, the costs involved in animal adoptions have not increased dramatically and, as a result, it has not been imperative to raise animal adoption fees in over twelve years. Recently, however, the veterinarians we work with have reported increases in the costs they are absorbing when they perform sterilizations for shelter adoptions. In order to close that gap, it is necessary to raise the sterilization fees. Kenai Animal Control NEW ADO PTI O N FEES: o~/o,/o.~. DOGS (MALE OR FEMALE)' ID TAG/DOG LICENSE' $2.00 CiTY ADOPTION FEE' $15.00 RABIES VACCINATION' $12.00 SPAY/NEUTER SURGERY' $70.00 (was $10.00) (was $60.00) SALES TAX 5%' $4.95, TOTAL- $103.95 CAT' CITY ADOPTION FEE' $15.00 (was $10,00) · RABIES VACCINATION' $12.00 NEUTER SURGERY' $40.00 <~ ,3o.oo) S~AY SU~GI::~Y' $t30.00 <~ ,so.oo> TAX' (M)$3.35, (F)$4.35, TOTAl_- (M)$70.35, (F) $ 91.3 5, ( adoptions include parvo/distemper for dogs & feline distemper vaccinations) N~J, 4//9 .OM' AK MUNiC~F 217 Second Street, Suite 200 · Juneau, Alaska 99801 . Tel (907)586-1325. Fax (907)-463.5480 FAX ALERT Big PERS Increase - teleconference Review Sales Tax bill- HB 216 To: Finance Director, Manager/Administrator, Clerk, attorney cc. Mayor and Council/Assembly From- Kcvin Ritchie, Executive Director Date: April 10, 2003 Plan for an Additional 5% Annual Increase in Your Total Munici al Pa oll Costs starting in FY 05- Teleconference Scheduled with PERSfTRS Board The State Division of Retirement and Benefits released information that the state public employee (PERS) and teacher (TRS) retirement systems are dangerously under-funded. FY04 FY05 (needed per Actua_ry to fund system) TRS Overall System Rate 12% 35.57% PERS Overall System Rate 6.77% 24.91% By regulation, thc State cannot increase rates more than 5% per year. This would mean 5% · increases payroll costs to pay for TRS and PERS every year for at least FY 05, 06, & 07. ~ Thc state PERS/TRS Board will hold a teleconference to hear from em 1o ers Tuesd ' .~~.~ ~h . P Y , ay April 5 from 2.00 to 5:00 p.m. Call 1-877-751-8040, pass code is 242451. If you have problems ~onnecting or would like a more detailed a"enda call thc div'-' " - - ~ ~smn rcarl Younker ~ 465-4471. 2. House Bill 216 "An Act Relatin to As or/ginally drafted HB 216 would have preempted municipalities from levying current sales and inventory taxes on refined fuel products including heating oil, motor oil, and other petroleum products. The cost would have been ~ high as 1~% of total municipal sale~ tax revenue~. AML convened a group of municipal officials to discuss the bill and as a result the bill sponsor narrowed thc language in a draft committee substitute to the following: "A municipality may not levy or collect a sales, transfer, or use tax on aircraft fuel or on wholesale sales or wholesale transfers of any refined petroleum product" The draft CS would prohibit any municipal tax on aircraft fuel and wholesale sales of other petroleum products. It is scheduled to be heard in House Community and Regional Affairs at 8:00 a_rn. Tuesday April 15th. Comments and information on impacts are needed ASAP. Please call Kcvin, or Sarah at 1-877-636-1325 for questions or more information Member of the National League of Cities and the National Association of Counties MAKE 23 PACKETS COUNCIL PACKET DISTRIBUTION COUNCT. L ~EET'J:NG DATE: Mayo~/¢ouncil Attorney · ToyIo~/Sp~in~e~/Kcbschull ~ Clerk . , City Monoge~ ,. Public Wo~ks ,. Police bepa~tmcnt , Finence · En~in¢¢~ · Senior Center · Airport ~ Kim * Library ~ Porks & Recreation * Clarion Fire Deportment · Blaine Gilman · AGENDA D'rSTR]:BU'T"ZON i Sewer Treatment Plant Streets Shop Dock Buildin~ ~aintenance Animal Control Water/Sewer Counter DELZVER Council Pockets to Police Deportment Dispatch desk. The Clarion & Gilman's Office will pick their pocket up at City Hall. The portion of the agenda published by the Clarion should be foxed os soon os possible after Noon on pocket day. The camera-ready agenda (c'/myfiles/documents/minutcs/ogendo form for paper) is emoiled to the Peninsula C/ar/on (at emoil Contacts) and a copy is foxed' to Denise at the (larion also. Home Page documents (agenda, resolutions and ordinances for public hearing) ore placed in the Clerk's HTML file or emoiled to the Clerk. Place them onto the city's website with Front Page from there os soon os possible. AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 16, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS ...h. ttp ://vvvvw.ci.kenai.ak.us ITEM A: CALL TO ORDER 3. Election of Council Member 4. Oath of Office -- New Council Member ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM D: PUBLIC HEARINGS 1. Ordinance No. 1998-2003 -- Amending Kenai Municipal Code by Adoption of a New Chapter 12.40 to Regulate Smoking in Eating Establishments. 2. Ordinance 1999-2003 -- Amending KMC by Adding Chapter 12.40 that Eliminates Smoking in Public Places and Workplaces Except Private Clubs. 3. Ordinance 2000-2003 -- Increasing the Council on Aging Title III Fund by $50,000 for the Purchase of Food. 4. *Liquor License Ownership/Stock Transfers -- Uptown Motel/Louie's -- Schilling Alaska, Inc. Uptown Motel/Back Door Lounge -- Schilling Alaska, Inc. ~. *Liquor License Application for Restaurant Designation Permit -- Uptown Motel/Louie's Uptown Motel/Back Door Lounge ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 2001-2003 -- Amending KMC TITLE 4 and KMC Title 14.20.220 to Adopt: 1) the International Building Code, 2000 Edition of the International Code Council; 2) the International Property Maintenance Code, 2000 Edition of the International Code Council; 3) the International Mechanical Code, 2000 Edition of the International Code Council; 4) the National Electrical Code, 2002 Edition of the National Fire Protection Association; 5) the International Fuel Gas Code, 2000 Edition of the International Code Council; and 6) the International Residential Code, 2000 Edition of the International Code Council. 4. *Ordinance No. 2002-2003 -- Adopting KMC 13.10.015, Changing the Bail Schedule for Minor Offense Violations to Reflect the One Adopted by the Municipality of Anchorage Instead of the State of Alaska's Bail Schedule. 5. *Ordinance No. 2003-2003 -- Increasing Estimated Revenues and Appropriations by $32,000 in the General Fund and the Skateboard Park Capital Project Fund. 6. *Ordinance No. 2004-2003 -- Amending KMC 8.05 to Adopt the International Fire Code, 2000, First Printing With Amendments. 7. Approval -- Lease Application -- Tract A, Gusty Subdivision No. 3/James H. Doyle. 8. Approval -- Lease Application -- Airport Terminal, Space 21/Roger & Linda Petrey, d/b/a Wings Airport Cafe. 9. Approval -- Assignment of Lease -- Lot 3, Block 4, General Aviation Apron/Bob's Pawn, Inc. & W.W. Wilson, III to Russell G. Winger. 10. Approval -- Consents to Assignment of Lease and Security Assignment of Lease -- Alaskalanes, Inc. and Ken Liedes and Mike Trujillo, Individually to Alaskalanes, Inc. and Ken Liedes, Individually. EXECUTIVE SESSION -- None Scheduled ITEM K: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at h__!;~p://www.ci.kenai.ak.us Carol L. Freas, City Clerk D938/211