Loading...
HomeMy WebLinkAbout2003-05-07 Council PacketKenai City Council Meeting Packet May 7, 2003 AGENDA KENAI CITY COUNCrL- REGULAR MEETING MAY 7, 2003 7:00 P.M. KENAI CITY COUNCrL 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) . Taylor Matson, Maya Johnson, (~uinn Sawyer, Averee Amend, Mt. View Elementary Future Problem Solving Team -- Funding Request/International Competition at Hartford, Connecticut. e Richard Warrington, Brain Injury Awareness -- May 31, 2003 Walk ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCII~ ITEM D: PUBLIC HEARINGS , , 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. e 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. . . . . . . , 10. 11. 12. ITEM E: le 2. 3. 4. 5. 6. 7. 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 Printing With Amendments. Resolution No. 2003-20 -- Objecting to Kenai Peninsula Borou~ Ordinance No. 2003-11 to Amend the Borough Sales Tax Code to Exempt a Portion of Gasoline and Diesel Fuels From Sales Tax. Resolution No. 2003-21 -- Transferring $100,000 in the ARFF/SRE Capital Projects Fund for Project Closeout. Resolution No. 2003-22 -- Approving a Contract to North Star Paving & Construction, Inc. for the Project Entitled Basra View L.I.D. -- 2003 Dolchok Lane, Kim-N-Ang Court, and Cub Court for the Total Amount of $353,115.00. Resolution No. 2003-23 -- Approving a Contract to Alaska Roadbuflders, Inc. for the Project Entitled Schooner Circle L.I.D. -- 2003 for the Total Amount of $51,562.50. Resolution No. 2003-24 -- Approving a Contract to Alaska Roadbuflders, Inc. for the Project Entitled Toyon Way L.I.D. -- 2003 for the Total Amount of $120,269. Resolution No. 2003-25 -- SUpporting Senate Bill 189 That Would Rename the Kenai Courthouse the "Jonathan H. Link Courthouse." Resolution No. 2003-26 -- Transferring $36,500 in the Airport Security Improvements Capital Project Fund for Preliminary Project Expenses. *2003 Liquor License Continuance -- REMOVAL OF PROTEST Alaskalanes~ Inc. d/b/a Alaskalanes Bowling Center. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation 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 ITEM F: MINUTES , *Regular Meeting of April 16, 2003. *Budget Work Session Notes of April 14, 2003 *Budget Work Session Notes of April 15, 2003 ITEM G: COI~R.F~PO~ENCE ITEM H: ,,, OLD BUSINGS ITEM I: NEW BUSINESS Bills to be Paid, Bills to be Ratified , Purchase Orders Exceeding $2,500 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 INFORMATION ITEMS KI!INAI CITY COUNCIL MEETING MAY 7, 2003 le e e . e Letters from students at Kenai Central High School Government Class regarding Boys & Girls Club parmership with the City; raising city property tax; bluff erosion; library closures and Arctic Winter Games. 4/03 Kenai Municipal Airport Monthly Enplanement Report. 2003 Gaming Permit Application -- Rotary Club of Kenai 5/2003 Soldoma Chamber of Commerce, Chamber Connection. 5 / 2 / 03 Kenai Harbor Rate Schedule. 4 / 29 / 03 Public Works Department, Project Status Report. MAYOR'S REPORT MAY 7, 2003 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: REMOVE FROM: 1-2, Purchase Orders Exceedinll $2,500 -- Purchase Order to Sherman Signs for $4,650. CITY MANAGER CONSENT AGENDA le MAYOR'S REPORT ~ "-<~, < Hello, To all listening today, My Name is Richard Warrington, from Kenai. In January, I was, appointed a member to the State Traumatic Brain Injury Advisory Board and Represent the Kenai Peninsula. The Vision of the Traumatic Brain Injury Board is to: .. Prevent Traumatic Brain Injury and promote wellness for individuals who experience Brain Injury in Alaska. Traumatic Brain Injury is the number one Killer around the Nation, There is over 6,000. Brain Injuries in Alaska, over 500,000. Nation wide each year. The Traumatic Brain Injury Advisory Board has received a Federal Grant under the TBI Act, Public Law 104-166. MISSION: To help identify, develop, implement, and Sustain needed programs and resources that promote prevention and expand treatment and services delivery to Alaskans who experience Traumatic Brain Injury and Their Families. Value Statements: To the extent possible, services shall be community based in Alaska in the least restrictive environment. Treatment and Rehabilitative services shall be available to the extent possible whenever needed and as long as needed. A full complement of an appropriate and high quality services shall be accessible, affordable, accountable and acceptable to the Traumatic Brain Injury'Survivor and Their Family. Traumatic Brain Injury is a hidden disability, the cognitive impairmems are not like Memally Ill or Schofronic, But do over lap in some areas, there is no certain length of time a Survivor will get over this type of disability, it will last a life time. We need to get as many Senators and Representatives as possible to make full funding for the Till Act a top priority for fiscal year 2004. Specifically, we ask you to urge your Senators and Representatives in the House to ensure that $23.7 million is provided for the TBI Act for FY 2004. This is what you should ask your Senator or Representative to support: HEALTH RESOURCES AND SERVICES ADMINISTRATION (HRSA): State grants: $10.2 million- this ensures participation by all states and territories, as well as fosters innovation and expansion of practices in services and support systems. Protections and Advocacy Services: $6 million-this will ensure adequate resources based on populations to continue programs focusing on extensive outreach, training and advocacy programs addressing topics such as abuse and neglect, and the lack of quality community services for TBI population. CENTER FOR DISEASE CONTROL AND PRE~NTION (CDC): Surveillance, Registries and National Education/Public Awareness: $7.5 million-This ensures continued work on incidence and prevalence ofTBl ~ a Uniform. THE KENAI PENINSULA BRAIN INJURY SUPPORT GROUP IS HAVING ITS SEVENTH ANNUAL BRAIN AWARENESS WALK THROUGH THE CITY OF KENI, ON SATURDAY, MAY 31**, 2003. You all are invited to attend the walk and Bar-B-Que. There will be other board members at the walk this year and we have more information about TBI to,share with anybody. WE HOPE TO START THIS AWARENESS WALK TO BE HELD SIMULTANEOUS THROUGHOUT ALASKA. TO BE KNOWN AS, "THE TBI AWARENESS WALK ACROSS ALASKA." For more information, please Contact' Richard Warrington at 283-5711 Or Independent Living Center at 262-6333 (Set involved in Brain Awareness Weel< SM Kenai Peninsula Brain Injury Support Group In Partnership with the Dana Alliance "Brain Awareness Week" For more information, check the web' www.dana.org/brainweek "Walk for Awareness!" For more information accommodations that Please ca11'283-5711 )8rain Awareness Week is an international campaign coordinated by' the.Dana Alliance tot 8rain Initiatives. about the registration or maybe needed for the walk. or 262-6333 This is a letter of introduction to our organization. We are the Kenai peninsula Brain Injuq/'SuppOrt Group... We meet on the l=t..and 3"~ Tues. of each month 6 Pmto 8 pm ~, at the Independent Living Center, located in the * S .*-.:' Building - ~. on K-Beacl~ Rd:( near the Fish and Game Office ) , ~We receive'information from th® National Brain Injun/Association, .:-Located in Alexandria, Virginia. ~The'.-~ site is, * l~tm://www, biausa.(~r~. The Brain Injuq/A~iation isa Volunteer, Non-Profit organization at all levelS. The Kenai Peninsula B I Support Group holds one. fund-miser a year, '"The Brain Awareness Walk and Bar-B-Q" Held EACH YEAR the FIRST SATURDAY AFTER Memorial Week-End, this year the walk will be held on, . MAY 31't 2003 The Brain Awareness Walk is part of the National Brain Awareness Week: March 10a - 16a 2003 . "In partnership with the Dana .Alliance for Brain InitiatiVes, of'New York, doing Medical Research on the Brain, The Dana Web. ~te is ~'ww. daaa. ory~iaweek The Brain.AwareneSS.Walk is part of our" COmmunity Prevention Program", to raise Awareness, "'PROTECT YOUR B~IN", AS YOU GO ABOUT LIFE'S ACTIVITIES. We have nationally appointed Ambassador's, who will go to schools, or other organizations To promote, "Prevention Education." You will always find our table at the" Village Health Fair ", sponsored by "Bridges". We have lots of information on Prevention, or where to find help. for sun/ivors and their families of people who have sustained an injury. · One of our on going programs is the, * Helmets, For LIFE, P['ogram." We offer a helmet For $10.00 purchase fee and exchange the helmet, if the child grows, out .of it or you've Damaged it in.an accident,· it can be replaCed. We have a NatiOnal Education program called'"' Head Smart'; to help Prevent Brain injuries, from Toddler H~mets to Communit~ Violence...This program was develo~t for u.~ in the School Criculum. We have another excellent program called," Certification of Brain Injury Specialist", ( CBIS ). The training for professionals who work'with persons who have sustained a brain impairment. The.money we mi,se at the'Awareness Walk and Bar'B-Q, stays hem on the Peninsula to help sUpport these'prOgrams. · . ~ So when someone asks you to come participate, come to lunch or just make a donation, YOU ARE HELPING TO EDUCATE OR ADOCATE FOR, "OUR LOVED ONES YOURS AND MINE ." A BRAIN INJURY TOUCHES. THE LIVES OF 1 IN EVERY 10 AMERICANS. For more information please call 283-5711 or 262-6333 KENAI PENINSULA BRAIN INJURY SUPPORT GROUP KENAI; ALASKA----~~'y... 31ST. 2003 '1 TH. ANNUAL BR~IN AWARENESS WALK Come help make Our COmmunityAware. Thousand of Individuals and Families experience the devastating effects of Brain Injury or impairments every year in Our State. As part of the National brain Awareness Week, The Kenai Peninsula Brain Injury Support Group is sponsoring the'l'th Annual Awareness Walk in Kenai, Alaska. Route: The walk begins at the Kenai"Centml High School at 11:00 a.m, Walking through Beautiful Downtown Kenai to the Green Strip Park by the Soft Ball Fields Which is on Main Street Loop, where there will be a BAR-B-Que lunch. Remember: "Just one Brain Injury Will change Your Mind" All participants will receive a Certificate of Appreciation. Bring your Family, supporters, friends of BIA, and Survivors as We walk!!' For more information or Registration, please call the Kenai Peninsula Brain Injury Support Group at · 283-5711 or 262-633'3. SUPPORT THE KENAI PENINSULA BRAIN INJURY SUPPORT GROUP WALK FOR AWARENESS AND PREVENTION IN .. Kenai Peninsula Brain Inju .ry..'su'pP°;rt!'!"Gi'°'Up· · , In Partnership with the Dana Alliance "Brain Awaren'ess' Week" .. · .. "Walk for Awareness!" ,Registration Form Name: Address: City: _State: _ZIP: Phon'e: E-Mail Address: Fax: _ ........ ii . iii i i - Registration Fee: $10. . Please make checks payable to: , ,, Kenai Peninsula Brain Injury Support Group Mailing Address for Registration: . Kenai Peninsula Brain Injury Support Group 313 CindyCircle · ,. Kenai, Alaska 99611 , For more information about the.registrati0n.,or. accommodations that maybe needed'f0'r"t':h:o"waik, Please call 283-5711 or 262-6333 BRAIN INJURY AWARENESS WALK · · DONATIONS OR SPONSQRS ' Sl>onsor Name: Donation: Address:. · Sponsor Name:' Donation: Address: ! Sponsor Name: ' DonaQon.. Address: Sponsor Name: Donation: Address: Donation: Address: _ ii iii _ _ ii i gp°nsor Name: D°nati0n:. Address: Donation: Sponsor Name: Address: Sponsor Name: . Donation: Address' iii .~ponsor Name: Donation: Actdress' ..... , i ill i___ i_ iiii 'the Kenai Peninsula Brain injury Support Group. 'support/ 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 INTE~ATIONAL BUILDING CODE, 2000 EDITION OF THE INTERNATIONAL 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 INTERNATIONAL FUEL GAS CODE, 2000 EDITION OF THE INTERNATIONAL CODE COUNCIL; AND 6) THE INTERNATIONAL RESIDENTIAL 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 most beneficial and in the best interest of the City if 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 Kenai, 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 (4/8 / 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 I~~ MEMORANDUM TO' FROM' DATE: SUBJECT: Linda Snow, City Manager Larry Semmens, Finance Director Jack La Shot, Public Works Manager~..~~ 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 prosent 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 summarizes the fees 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. Thc following charge per square foot for Residential Kenai .14 house .07 garage Valdez.16 house ·10 garage Kodiak .15 house · 10 garage 2. The following charges by valuation from Table lA of UBC Seward Residential & Commercial Soldotna Residential & Commercial Palmer Residential & Commercial FairbanksResidential & Commercial Kenai Commercial only 3. The following charges by valuation from a table they created Sitka Residential & Commercial Juneau Residemial & 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% Residential Valdez 50% Commercial & Residemial Kodiak 65% Commercial ' 50% Residential 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 Borough 50% Residemial Juneau Per table created by City o f Juneau 4/2/2003 Cost Comoarison of Building Permit Fees for _~ 2000 sf Single Family Dwelling with 600 sf garage .I.n. Various Cities of Alaska , c~v:, Anchorage Fairbanks Seward Juneau Kodiak Island Borough Soldotna Palmer Sitka Valdez Kodiak Kenai Residential Permit Fee $3,187.23 ! $2,429.65 $1,813.68 $1,579.00 $1,436.15 $1,436.15 $1,255.36 $1,042.$0 $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 rules 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 BUILDING 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 to the International Building Code 2000 The International Building Code (I.B.C.) Chapters 1-12, 14-28, 30-32, 34-35, Appendix C and At~_~endix H (2000 Edition) are adopted by reference to regulate all occupancies and buildhags 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 Enermr. Delete this section. 106.3.4.1 General. Revise third paragraph, first sentence of the I.B.C. to read: Structural observation shall be as required by Section 1709. 108.3 Buildin~ permit valuations. Add the following to the last sentence: ...fi'om the Building Valuation Data Table shown in the latest edition of the building standards magazine published by the International Conference of Building Officials. Ordinance No. 2001-2003 Attachment A Page 1 of 45 108.4 Work commencing before permit issuance. Add the following: Tl~i. 's 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 "Un~form Plumbing Code as adopted by KMC." Table 302.1.1 II Revise wording in the first block under the left column to read: Furnace rooms in E and R-1, R-2 and R-4 occupancies regardless of Btu input, and furnace rooms of all other occup_ancies where the largest piece of equipment is over 400,000 Btu 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 1-2. 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 classified as 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 olants. 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 permanem public way or yard on not less than one side. Required yards must be permanently maintained. 504.4 Day care facilities. Add new section 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, o_r complying with Table 302.3.3, Table 602, and the T_ype VA requirements set out in Table 503, if all other applicable legal provisions for an E Occupancy are met. Table 601 Revise Foomote "d." by adding the following sentence: In. Group E Occupancies, an automatic sprinkler system may be substituted for one-hour fire-resistance-~'ated-constmction if the system complies with the desi~,tm requirements of Section 903.3.1.1. 7.,,!,,,6.4.2 Groups R-1 and R-2. Revise to read: Draft stopping must be provided in attics, m_~_ sards, 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 desi._.tmed for adequate cross ventilation as described in Section 1202.2. DraR stopping must be installed above, and in line with, tenant and dwelling separation walls that do not extenci 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 ~eatest 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 occupancies. An automatic sprinkler system must also be provided for eve~ vortion 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 sprinkler 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 apvroved 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 spri'nkler 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 fi'om 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 activation is received at a constantly monitored location. 903.3.5 Water sunolies. Delete reference to "International Plumbing Code" and insert reference to "Uniform Plumbing Code as adopted by KMC." 904.3.1 Electric wiring. 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 na_t~ping purposes within a day care use of a Group E o...C, cupancy must be provided with smoke detectors that comply with Section 907~2.10.1.2. 907.3.1 Location. Delete the exception. 907.5 Wiring. 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 veri _fying completion in accordance with N.F.P.A. 72 must be forwarded to the Kenai Fire Marshal by the finn 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 exception, delete the reference to "ICC Electrical Code" and insert the reference to ' ..~..ational 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 least 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 providing 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 lA 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 dwellings. 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 ofhea!th 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. 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 para_graph' 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_ eiglat accessible car spaces shall have an abutting aisle eight feet in width. Accessible car space access aisles shall be part of an accessible route 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 route. 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 buildin~ shall be located on the shortest accessible route of travel from 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 b~ 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 the symbol of accessibility. Van-accessible spaces shall have an additional sic.ma rea_di'ng "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 case shall the grab bar exceed 38" in height above the fin. ished 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 ~nd which are exposed to outdoor ambient temperatures shall be protected against water vapor transmission. Assemblies not otherwise of impermeable construction shall have instslled, on the heated side of the insulation or air spaces, vapor retarders having a penn rating 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 "ceilings." Amend the third sentence by changing "1 inch" to "1 ½ inch." Amend section by deleting the exception in its entire _t3,. Add a sentence at the end of the paragraph to read as follows: Attic access shall not be located in a room containing 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 fi'ont 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 a_r~proved 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 Grounding. Delete the reference to "ICC Electrical Code" and replace with "National Electrical Code as adopted by the 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 drainaue. 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. Underlawnent 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.graph: The minimum fiat roof snow load, Pf, shall be 50 pounds per square foot. 1.6.09.4 Exposure category. Add the following to the definition of"EXPOS~ D": UNOBS~UCTED shall be defined as any site not sheltered from the shoreline by vegetation or other impediments at least four feet high and coveting at leost 60 percent of an area extending at least 30 feet perpendicular to a line connecting the building to ony point of the shoreline. 1621.2.5.2.2 Seismic design CateRories, D, E or F. Delete Item 8 in its entirety. 1704.1 S~ecial inspections. Add the following to the end of the para_graph: Provided the Engineer of Record is a registered professional engineer in the State of Alaska, the Engineer of Record shall be deemed qualified to perform special inspections required under this chapter without further 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 n--ot taken immediately or within an agreed time frame to correct the non-conformance, the Special Inspector shall promptly inform the En~neer 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. A.dd 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 be~nning of the first para..m'aph: All footings shall be concrete. All-weather wood foundation systems may only be installed in Type GW, GP, SW, and SP soils u_nless a complete soils investigation and foundation design, prepared by a civil en?.'neer registered in the State of Alaska~ is submitted for approval. 1805.6 Foundation plates or sill boltin~[. Add the following at the end of the para~aph: 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 para~aph: Anchors 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 paragraph as follows: All studs in exterior plumbing walls shall be a minimum six-inch (152 mm) nominal width unless otherwise approved. 2308.10.1 Wind uplift. Add a paragraph as follows: Metal flaming anchors with a 400-pound uplift capacity shall be spaced no ~rther 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 ft~her 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 Change 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 a_t~proval shall be granted only after it is demonstrated that the installation conforms to the requirements of ASME A17.1 and its supplements. 3003.2 Fire-fighter's emergency operation, Add a second para~aph 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 ~ade shall be from the inside of the building or shall be by an enclosed, ventilated, and well-lighted passageway protected fi'om 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 KMCo' 3402.1 Existing buildings or structures. Delete the exception. 3409.2 Aoolicabili~. Revise to read as follows: Structure defined as existin~ odor to the effective date of this code in which there is work _ _ involving additions, alterations or changes of occupancy must co _nform 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 Sys. tems 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 person 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 REQUIREMENT FOR OBTAINING A BUILDING PERMIT FOR A NEW OR ENLARGED STRUCTURE THE PROPERTY OWNER IS REQUIRED TO SUBMIT A SITE PLAN WHICH ACCURATELY SHOWS BY DIMENSIONS AND TO SCALE THE LOCATION'-AND OUTLINE OF THE PROPOSED STRUCTURE IN RELATIONSHIP 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 administrative 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. (a) 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 permit shall be paid to the City as set forth in Table No. 1-A of the [UNIFORM BUILDING CODE,] Kenai Municipal Code at 4.05.030(b). [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 1-A for new commercial construction. be Table 1-A Building Permit Fees. TOTAL VALUATION $1.00- $500.00 $501.00- $2,000.00 $5,00 .0o - $25,000.00 $25,001.00 - $50,000.00 $50,001.00 - $100,000.00 $100,001.00 - $50O,00O.OO $500,001.00 - $1,000,000.00 $1,000,001.00 and up Other inspections and fees: 1. e FEE $23.50 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $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 fraction thereof, to and including $100,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fi'action thereof, to and including $500,000.00 $3,233.75 for the fu~t $500,000.00 plus $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 each additional $1,000.00, or fraction thereof Inspections outside of normal business hours (minimum charge: 2 hours) ............................................................................... $47.00 per hour Inspections for which no fee is specifically indicated (minimum charge: 2 hours) .............................................................................. $47.00 per hour Additional plan review required by changes, additions or revisions to plans (minimum charge: 1 hour) .............................................................................. $47.00 per hour 4. For use of outside consultants for plan checking and inspections, or both ............ Actual costs 2 i 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. 2 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 PARAGRAPH 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 30CCUP~CIES.] SECTION 310.1 OF THE UNIFORM BUILDING CODE AS ADOPTED BY THIS CHAPTER IS AMENDED BY DELETING THE LAST PARAGRAPH.] [4.05.150 APPE~IX GROUP R DIVISION 3 OCCUPANCIES.] [CHAPTER 3 OF THE APPENDIX OF THE UNIFORM BUILDING CODE AS ADOPTED BY THIS CHAPTER IS AMENDED BY DELETING 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 ["UNIFORM 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 mended, 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 with 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 ~d insert reference "Plumbing Code as adopted by KMC." Delete reference to International Electrical Code _and insert 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 adopted 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] Intemational 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 UNIFO~ SIGN CODE] [4.15.010 ADOPTION. ] [THERE IS HEREBY ADOPTED FOR THE PURPOSE OF ESTABLISHING RULES AND REGULATIONS TO PROMOTE THE DEVELOPME~ OF BETTER SIGN CONSTRUCTION AND TO PROVIDE MINIMUM STANDARDS TO SAFEGUARD LIFE, HEALTH, PROPERTY, AND PUBLIC WELFARE, BY REG~AT~G STRUCTURAL REQ~ME~S FOR ALL SIGNS AND SIGN STRUCTURES LOCATED OUTSIDE OF BUILDINGS, THAT CERTAIN CODE KNOWN AS THE "UNIFORM SIGN CODE," 1997 EDITION, OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, EXCEPT FOR SUCH PORTIONS AS ARE HE~~~TER DELETED, MODIFIED, OR AMENDED; AND THE SAME IS HEREBY ADOPTED AND INCORPORATED AS FULLY AS IF SET OUT VERBAT~ HERE~. ] [4.15.020 BUILDING OFFICIAL.] [THE BUILDING OFFICIAL OF THIS CITY SHALL HAVE THE POWERS, DUT~S, 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 PERFORMED BY AUTHORIZED REP~SENTATWES 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 [UNIFORM] MECHANICAL CODE 4.20.010 Adoption. There is hereby adopted for the purpose of establishing roles and regulations for the installation and maintenance of heating, ventilating, cooling, and refrigeration systems, that certain code known as the "[UNIFORM] International Mechanical Code," [1997] 2000 Edition, of the [INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS] International 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 1'2000 Edition) are 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 Recovery Device. An assembly containing a heat recovery element. Heat Recovery. Element. A device or series of devices whose purpose is to reclaim only the heat content of air, vapors, gases, and/or fluids that were being expelled through the exhaust system, and transferr~g the thermal energy so reclaimed to a location whereby a_ useful purpose may be served. 301.2 Energy 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 th~ 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 mechanical 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 g~sketed solid door." 303.8 Elevator shafts. 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 provided 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, coverings 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, includin~ access for cleaning and normal care, robe removal, etc. (2) The dimension mag be 6 inches (152 mm) for an automatically stoker-fired forced- warm-ak furnace equipped with 250 degree Fahrenheit limit control and with _ barometric draft control operated by draft intensity and permanently set to limit d~fl to a maximum intensity of 0.13-inch water gauge (32Pa). (3) Approved appliances shall be installed on non-combustible floors and mag be installed on protected combustible floors. Heating appliances approved for installation on protected combustible flooring shall be so constructed _th_at fl~me anti hot gases do not come in contact with the appliance base. Protection for combustible floors shall consist of 4-inch (102 mm) hollow masonry_ covered with sheet metal at least 0.021 inch (0.5 mm) thick (No. 24 manufacturer's standard gauge). Masonry_ shall be permanently fastened in place in an approved m_anner with the ends unsealed and joints matched so as to provide free circulation of air through the ma_sonry~. 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 fi'om the edges 'of the opening. (4) The 48-inch (1219 mm) clearance may be reduced to 36 inches (914 mm) when p..rotection 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 a_r~pliance 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 p_ar___arneters 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 second duct around the environmental air exhaust duct where p~ssing through ducts and plenums to minimize leakage to the duct or plenum. Seal both ends of the outer duct to outside. e 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 brash, trowel, or caulking ~tn. Install sealant per manufacturer's reeommendatiom. 4. Provide flexible duct with no seams in the duct or plen__um only to a limit of 8'. The 8' limit is due to high static losses. Also, 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 para~.m'aph: "Underfloor crawlspaces shall not be used as plenums." 603.8 Joints~ seams~ 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 duetwork shall be listed and labeled in accordance with UL 18lA or UL 18lB. Duct connections to flanges of. ak distribution system equipment shall be sealed and mechanically f~stened. Duct tape is not permitted as a sealant on any metal ducts. Add the following exception: Exception: Continuously welded and locking, type longimdina! joints and se~ms 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 remm 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 assembly, the duct or plenum shall be separated from the building exterior or unconditioned or exempt spaces by a minimum of R-8 insulation. Exceptions: 1. When located within equipment. . When the design temperature difference between the interior and exterior of the duct or plenum does not exceed 15°F (8°C). go When located within the under floor crawlspace of a one- or two- family dwellin~ 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 ventinl~ 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 supply. Revise by deleting the reference "International Plumbing Code" _and inserting the reference "Plumbing Code as adOpted by KMC." SECTION 925 UNVENTED ROOM HEATERS. 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 as the sole source of comfort heatin, g 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. Unvented room heaters may not be installed wittfin A, E or I Occupancies. Such appliances may not be located in, or obtain combustion air 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 an oxygen depletion safety shutoff system and installed in a bathroom provided the input rating does not exceed 6,000 Btu per hour {1.76 kW)_ and the bathroom is not a confined space. 2. A single wall-mounted unvented room heater equipped with an oxygen depletion safe ._ty shutoff system and installed in a bedroom provided that the input rating does not exceed 10,000 Btu 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 unvented appliances installed in a room or space may not exceed 20 Bm/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. 925.60xy_~en-deoletion safe .ty system. Unvented room heaters will be equipped with_ an oxygen-depletion-sensitive safe _ty shutoff system. The system shall shut off the gas supply to the main and pilot burners when the oxygen in the surrounding atmosphere is depleted to the percent concentration specified by the manufacturer, but not lower than 18 percent. The system will not incorporate field adjustment me~s capable of changi.'ng the set point at which the system acts to shut off the gas supply to room heater. 925.7 Unvented log 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 Ener~t Conservation Code." 1401.2 Potable water supply. 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 follow, s: 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 International 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 [UNIFORM] PLUMBING CODE 4.25.010 Adoption. There is hereby adopted for the purpose of establishing roles 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 Discharue. Delete Section 510.8. SECTIONS 512-525 Delete sections 512 through 525. 603.4.9 Water Cooled Compressors, Degreasers. 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 - Conner Tube. Amend Section 604.2 to delete the words "or under~ound 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 firings 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 *:8 Trap arms for residential floor dmim may be extended beyond the limits of Table 10-1 to where they pass under the nearest wall before installing the requh-ed vent. A maximum of two (2) unvented floor _drains may be installed in residemial garages. Each drain shall have a two-inch (2") minimum trap and trap arm _and two-inch (2") floor drain. The tail piece need not be vented. Both traps must tie into the main building drain separately. 1007.0 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 .... 1101.9 Filling Stations and Motor Vehicle Washing Establishments. Amend Section 1101.9 by adding to the be~nning of the p_a_ra._.m-aph: When required by the administrative authority .... 1101.11.1 Primary. Roof Drainage. Delete the first sentence and replace with the following, to read _a._s follows' Roof areas of a building shall be drained by roof drains, gutters, scuppers, or sheet flow off the edge of the roof. 1101.11.2.2 Secondary, Roof Drainage. Delete from the first sentence the words "shall be separate from the primary system _and;" CHAPTER 12 Fuel Pipinn 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~s ~i~in~. _ _ _ 1317.0 Materials- Medical Gas Systems. Amend Section 1317.4 by adding a second para~aph as 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 mended 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 BUILDING 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 THEREFROM THE FOLLOWING: (A) "HOMOGENOUS BITUM~ED FIBER DRAIN AND SEWER PIPE." (B) "POLYBUTYLE~ PIP~G." (C) "POLYETHYLENE, ACRYLONITRILE-BUTADIENE-STYRENE (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 functions 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 [NATIONAL] 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~~G THE UNIFORM ADMI~STRATIVE 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. 21,0.8(a) Dwellint~ 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 dwelling units. Add paragraphs 210-8(b)(4) and 210-8Co~(5) ~s follows: (4) Outdoors where accessible from ~ound level. (5} Within 6 feet of the outside edge of a sink. 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 as a total of one outlet. Appliance circuits are limited to six duplex receptacles per circuit. Exception: Fixed lighting circuits desi, ,t, ned to meet the appropriate sections of the code. 300.4 Protection against physical damaue. _ 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 from 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 (20F), 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~STRATIVE CODE PROVISIONS FOR] authority 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 UNIFORM ADMI~STRATIVE CODE PROVISIONS FOR] Article 80.19(E) of the National Electrical 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 4.05.030(b)." Chapter 4.31 ans 4.31.010 Adoption. There is hereby ado_~ted for the purpose of establishing roles and regulations for the installation and maintenance of fuel gas piping systems, fuel gas utilization, and related accessories ~s defined under Scope in that certain code known as the "International Fuel G~ Code," 2000 Edition, of the International Code Council, including the appendices, except for such portions os are hereafter deleted, modified, or amended; and the same is hereby adopted _and incorporated os fully as if set out verbatim herein. 4.31.020 Buiidin~ Official. .. The Building Official of this City 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 under 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 permit 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 ,RESIDENTI~ 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 _and two family dwellings and multiple single-family dwellings, that certain code known as the "Intemationa! 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 incorporated 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 R105.2 Work exempt from permit Change Subsection 1 from "200" to "120." RI06 CONSTRUCTION DOCUMENTS Delete Section R106.1.3 Information for construction in areas prone to flooding. R107.3 Tempora~ oower. Amend the last sentence by changing "ICC Electrical Code" to "Electrical Code adopted b_F KMC." R108.3 Building permit valuations. Add the following atler the first sentence: 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 obt~_ning 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 appeals. Delete entire section. Table R301.2(1) Climatic and Geoeraphic Design 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 42" 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?,. 11309.10oeninu orotection for fire ratings for attached garages. 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 Seoaration required. Amend by deleting oaragraph in its entire ,ty and replacing with the following- A garage shall be separated from the residence and its attic area with a one-hour 0..ccupancy separation. The occupancy sep_aration may be limited to the installation of a0_oroved materials approved for one-hour fire resistance construction on the garage side only. 5/8 Type X gypsum wall board will be considered adequate protection for one-hour construction on the garage side at rated walls and ceilings. All plostic pipe such as condensate lines, vacuum lines, drain lines, w~ste lines 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 ore required to be filled with gypsum wallboard compound or other approved materials. Fire dampers need not be installed in air ducts passing through the wall, floor, or ceiling seoaratin~ garage from the dwelling, provided such ducts within the garage are constructed of steel having thickness not les~o than 0.019 inch (0.48 mm) (No. 26 galvanized sheet gauge) and have no opening into the ~ara~e. Access to a crawl space fi'om 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 g_vpsum wall board or 20-minute approved door assemblY. R310.1 Exits and emergency escapes. Add the following to Section 310.2 Emergency E~ess O0enings to read as 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" from 10 inches to 9 inches. R315.1 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: le e 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 densi~. Ventilation complying with Section R408 is provided. No gas-fired equipment is located in crawl space. R322 Moisture Vapor Retarders. Delete paragraph 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 penn 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 reinforcing 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 footing at 2 feet on center. They shall extend 2 inches above the top of the footing. The continuous #3 bar shall be secured to the vertical #3 bars. Option 2' Installation of preservative treated 4" x 4"s with a minimum 1/2" x 12" _~alvanized 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 engineer registered in the State of Alaska and is approved by the Building Official. 402.1.4 Dampproofinll 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-~m-ade portion of exterior basement and crawlspace walls prior to backfilling. A treated lumber or pl_ywood strip shall be attached to the wall to cover the top edge of the approved dampproofing. The wood strip shall extend at least two (2) inches above and five (5) inches below finish ~ade level to protect the approved dam_pproofing fi'om exposure to light _and from mechanical damage at or near grade. The joint between the strip and the wall shall be caulked full length prior to fastening the strip to the wall. Alternatively, brick, stucco, or other coveting appropriate to the architecmra! treatment may be used inn place of the wood strip. The approved dampproofing 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 changing "4 feet" to "18 inches." Revise the third paragraph first sentence by changing 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 framing is mechanically tied to isolated footings." R403.1.3.1 Foundations with stemwalls. 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 poured concrete stemwalls, and two No. 5 bars at the bottom of all footings. R403.1.3.2 Slabs-on-~round with turned-down footings. 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 Footings 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 Design Categories D~ and Dz. 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." "-lain" Revise Subsection 5 by deleting the word p . 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 para~aph "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: R403.1(2} and R403.1(3)." "~d with the details shown in Figures Ordinance No. 2001-2003 Attachment A Page 40 of 45 R404.3 Wood 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-eigh~s (5/8) inch nominal diameter galvanized steel bolts embedded at least seven (7) inches into the concrete or in fully _grouted cells of reinforced masonry_ and spaced not more th~ 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 material 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 dampproofinll, 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 ~.m'ade, 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 complying with ASTM C 887 or _any material permitted for waterproofing in Section R406.2. Concrete walls shall be dampproofed by applying 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 backfilled on both sides, such as those used in coniunction with a "slab on ~ade" do not require dampproofing or waterproofing. R406.2 Concrete masonry, foundation waterproofing. 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 ~rade moisture barrier. Delete and substitute the following: Foundation walls located below grade shall be dampproofed with either 2-ply 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 grade. Delete this section in its entirety. R602.11.1 Wall anchorage. In second sentence, delete reference to lA" 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 para._.m'aph: 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 paragral~h: Gypsum board of any t_ype shall not be used on exterior walls in shower and bath comportments under ceramic tile except for materials specifically desired 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: minimm depth from 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 p__ara~aph as follows: Minimum depth of tress at exterior wall plate to be 9 inches on dwelling units. .,,11806.1 Ventilation required. Add the following sentence to end of para~aph: A non-ventilated roof system may be allowed as an alternate method when its design is arc,roved 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 u_nits vertical in 12 units horizontal or greater. Underla_wnent shall be in accordance with_ Section R905.2.7 anti 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 from 3 vertical units in 12 horizontal u_nits (3' 12) up to 4 vertical units in 12 horizontal units (4' 12), underlayment shall be two layers of non-preforated Type 15 felt applied shingle fashion. Underla_wnent shall be installed staring 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 horizontal (4:12), or ~eater underlayment shall be one layer of Type 15 felt. Underlayrnent shall be installed starting with 42inch 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 Flashine Add the following at the end of the para,re', aph: Ordinance No. 2001-2003 Attachment A Page 43 of 45 Flashing shall be not less than 4 inches by 4 inches in width. R905.9.1 Siooe- Delete the words: "except for coal-tar built-up roofs, which shall have a design slope of a minimm one-eighth unit vertical in 12 units horizontal (1-percent slope)." R905.10.2 Slope, Add the following to the end of the paragraph: Install undeflayment 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 entire _ty and referring to applicable codes as adopted in KMC. 4.32.020 Building Official. The Building Official of this Ci_ty shall have the powers, duties, and fimctions 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 officia1 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 tree and kept repaired, painted, and maintained. Ordinance No. 2001-2003 Attachment B Page 1 of 1 Suggested by: Administrauon CITY OF KENAI ORDINANCE NO. 2002-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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 ALAS~'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 frae 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, WHEREAS, many of the traffic £mes 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 bail schedule. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska that KMC 13.10.015 is hereby enacted to read as follows: 13.10.15 Minor offenses amendable to disposition without court appearance by payment of a f'me. In accordance with AS 28.05.151, a citation issued for violation of any of the following sections of this tire shall be subject to disposition with payment of a frae in lieu of a court appearance or as otherwise prescribed. Violations committed within highway work zones shall be subject to double the frae 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 LLI ..I CI IAI I 0 0 0 & o,.. Suggested by: Administrati( City of Kenai ORDIN~CE NO. 2003-:2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASICt[ 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 Deparlx_~-.~ 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 frre codes that the State of Alaska has adopted; and, WHEREAS, the City of Kenai is currently enforcing the 1997 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 International 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 1'1 O C7 ON 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 as amendea below. 109.3 Violation penalties. Amend by deleting this section and adding a new p _ara~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 eve~ 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 ag~ without conforming to the requirements of an E occupancy except for smoke _ detectors as specified in subsection 907.2.10, means of e~ess requirements of section 1003, including emergency escape and rescue openings (as required by section 1009) in napping or sleeping rooms, and fire extin_guisher requirements as outlined in section 906. Amend the last sentence for Institutional Group I~ Group I-2 to read as follows- A facility 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 calend .ar 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 fund. As used by the section, "false alarm" means an alarm signal generated by a privately owned fire alarm system reporting an alarm for which no fire or emergency, actually exists; it includes system malfunctions, faulty operation of detectors, and false alarms not classified above. It does not include those incidents where the detector or system operated as designed such as 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 as a fire drill for the purpose of this section. 508.2 Type of Water Supply. Amend by adding a second paragraph 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 ~d the fire systems are certified as operational. 6. The fire department must be notified of such closure. 7. A letter from the insurance career 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 para.m'aph 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 para~aph 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 si~s installed above the device in an unobstructed location at approximately 7 feet above grade. 901.5 Installation acceptance testing. 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 Inspection, 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 repair or alteration. 5. When required by the chief. 6. After seasonal shutdown. 901.6.2.1 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 associated standards. 901.9 Sprinkler certification. Add a new subsection to read as follows' Companies installing and/or performing maintenance on sprinkler systems shall have at least one individual certified to a minimum of NICET Level II 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 parking 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: An 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 Exceptions: 1. Buildings with E occupancies having an occupant load of 49 or less. 2. Day care uses not otherwise requiting an automatic sprinkler 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. shall be equipped with an automatic sprinkler system designed and installed IAW section 903.3.1.3 or an approved equivalent system. This includes children related to the staff. 903.2.7 Group R-I Amend this section by adding a third exception- Bed and breakfast occupancies with five rented sleeping rooms or less do not require an automatic suppression system. 903.2.9 Group R-4. Amend paragraph by deleting the words "with more than eight occupants." 903.3.1.1.1 Exempt Locations. Amend by adding a new item to read as follows: 7. Elevator machine rooms may delete the sprinklers within the machine room where such room is' (1) separated from the remainder of the building in accordance with the International Building Code Section 3006.4; (2) smoke detection is provided in accordance with NFPA 72 and, (3) notification of al_am activation is received at a constantly monitored location. 903.6'2 Alterations and additions to E occupancies. Add new Subsection to read as follows: An approved automatic fire extinguishing system must be installed in E Occupancies in accordance with section 903.2.2 whenever alterations or additions are made to an existing structure containing E Occupancy. 907.2.3 Group E. Amend this section by adding a second para,_,m'aph to read as follows' Ordinance No. 2004-2003 Attachment A Page 6 of 9 Rooms used for sleeping or napping purposes within a day care use of Group 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 paragraph 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 finn 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 chan~ng 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 stow 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 as 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 capacity of 250 gallons or less may be used for non-commercial refueling of private non-commercial aircraft if the following requirements are met: 1. The tank is placarded with no smoking signs, type of fuel contained 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 ratin~ if the following criteria are met: ae Tanks must be located as required for "other tanks" by table 2206.2.3; and, 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 2210.2.3 Drainage and disposal of liquids and oil-soaked waste. Amend by adding a sentence to the end of the first paragraph: 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 publication 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 Appendix B~ Section 103.3 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 Suggested by: Fire Depart~ ...... 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 1997 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 Introduced: Adopted: Effective: April 16, 2003 May 7, 2003 June 7, 2003 (4/9/03 sp) Suggested by: City CITY OF KENAI RESOLUTION NO. 2003-20 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OBJECTING TO KENAI PENINSULA BOROUGH ORDINANCE NO. 2003-11TO AMEND THE BOROUGH SALES TAX CODE TO EXEMPT A PORTION OF GASOLINE AND DIESEL FUELS FROM SALES TAX. WHEREAS, the Kenai Peninsula Borough Assembly is considering their Ordinance No. 2003- 11, to amend the Borough Sales Tax Code to exempt a portion of gasoline and diesel fuels from sales tax; and, WHEREAS, estimated revenue impacts associated with exempting that portion of the retail cost of oil and gas generated by State and Federal taxes will result in a reduction of approximately $329,163 or 18% of the sales tax revenues generated from the retail sale of oil and gas products on the Kenai Peninsula; and, WHEREAS, analysis by the Borough of sales tax data for FY 2002 indicates the following impacts to the revenues of the cities of the Kenai Peninsula: Municipality City of Kenai City of Soldoma City of Seward City of Seldovia City of Homer KPB Ordinance 2003-11 Impacts $21~947 30,598 16,174 1,749 27,698 WHEREAS, during a distressing economic recession when cities are struggling to meet their fiscal responsibilities, maintain programs, and cope with continuous unfunded mandates, it is bad public policy to further hamper them by instituting another exemption and thereby pressuring municipalities to incorporate the exemption into their municipal codes, knowing the financial impacts the exemption will have on their revenues, programs, and citizenry; and, WHEREAS, adoption of Kenai Peninsula Borough Ordinance No. 2003-11 will force some cities to cut needed city services or increase taxes or other sources to make up the lost revenue. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, opposes Kenai Peninsula Borough Ordinance No. 2003-11. 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 clf April 18, 2003 MEMORANDUM To.' Jeff Sinz, Finance Director From: Troy Tankersley, Supervisor KPB Sales Tax Division Re'. Estimated Revenue Impact of Ordinance 2003-11 The following is an estimate of the revenue impacts associated with exempting that portion of the retail cost of oil and gas generated by State and Federal taxes. It results in a reduction of approximately $329,163 or 18%, of the sales tax revenues generated fi'om the retail sale of oil and gas products. The estimate was based on a series of estimates starting with the revenue impact study that was done for Ordinance 99-04. Estimates were updated using the borough sales tax records for 2002. Retail outlets not included in the analysis for Ordinance 99-04 or were included, but had been estimated, were contacted and asked to provide an estimate of oil and gas sales as a percentage of their total taxable sales. The resulting adjusted taxable sales figure was further adjusted to reflect the exemption of State and Federal taxes. The results in total and by municipality are as follows: 2002 Taxable Sales by Retail Outlet: $60,142,248 Taxable Fuel Sales Only $47,928,295 Sales Tax Under Current Code $1,869,181 Taxable Fuel Sales Less State and Federal Taxes $39,488,122 Sales Tax Under Ordinance 2003-11 $1,540,018 Reduction in Sales Tax Revenue Under Ordinance 2003-11 $329,163 Distribution of Reduction by Municipality: Kenai Peninsula Borough City of Kenai City of Soldotna City of Seward City of Seldovia City of Homer Total: $168,801 $35,853 $49,985 $26,421 $2,856 $45,247 $329,163 Ord 2003-11 Impact Statement Page 1 of 5 Currently, there are proposed changes with both the Federal and State tax rates. The State of Alaska rate, currently at $.08 per gallon (diesel or gas) is proposed to increase to $.20 per gallon effective July 1, 2003, HB 156. The Federal rate, currently $. 184 per gallon for gasoline and $.244 per gallon for diesel are proposed to increase in 2004 to $.2375 per gallon and $.3154 per gallon for gasoline and diesel, respectively. By 2009, these rates are to be increased to $.2651 per gallon and $.352 per gallon for gasoline and diesel, respectively. (AGFOA Newsletter, March 28, 2003 pg. 2 & 3). Using the same taxable sales data provided by the borough sales tax records for 2002, further analYsis was done to determine the impacts of the Federal and State tax increases as they relate to a decrease in sales tax revenue from Ordinance 2003-11. It results in a reduction of approximately $530,660 or 25.63%, of the sales tax revenues generated from the retail sale of oil and gas products. The results in total and by municipality are as follows: 2002 Taxable Fuel Sales Adjusted due to Increase in State and Federal Taxes $53,094,965 Sales Tax Derived Under Current Code if Federal and State Tax Increased $2,070,678 Taxable Fuel Sales Less State and Federal Taxes $39,488,122 Sales Tax Under Ordinance 2003-11 Reduction in Sales Tax Revenue Under Ordinance 2003-11 Plus an Increase in State & Federal Taxes $1,540,018 $530,660 Distribution of Reduction by Municipality: Kenai Peninsula Borough City of Kenai City of Soldotna City of Seward City of Seldovia City of Homer Total: $272,133 $57,800 $80,583 $42,595 $4,605 $72,944 $530,661 'The summary table below reflects the revenue reduction impacts associated to, Ordinance 2003- 11 and the proposed Federal and State tax rate increases' Fed/State and Ord.2003-11 Ord.2003-11 Increased Municipality Impacts Impacts Reduction Kenai Peninsula Borough' $272,133 $168,801 $103,332 City of Kenai' $57,800 $35,853 $21,947 City Soldoma: $80,583 $49,985 $30,598 City of Seward: $42,595 $26,421 $16,174 City of Seldovia: $4,605 $2,856 $1,749 City of Homer: $72,944 $45,247 '$27,698 Total: $530,661 $329,163 $201,498 Ord 2003-11 Impact Statement Page 2 of 5 Table (1) reflects the current tax structure on a price per gallon of gasoline and diesel. Table (2) reflects the proposed tax structure defined in Ordinance 2003-11. Below Table (2) reflects the price per gallon reduction between Table (1), the current tax structure and Table (2). Table (1) Current Tax Structure Gasoline ($1.817 Retail Price) Diesel ($1.69 Retail Price) Sales Tax (2) 4.95% Sales Tax (~) 4.73% State Tax 4.39% Federal Tax 9.89% Base Price ~2) 80.77% State Tax 4.73% Federal Tax 14.20% Base Price (2) 76.34% (1) "Sales Tax" assumes a 5% jurisdiction. (2) "Base Price" includes costs such as distribution & marketing, refining & crude oil. Table (2) Ordinance 2003-11 Tax Structure Gasoline ($1.804 Retail Price) Diesel ($1.675 Retail Price) State Tax 4.45% State Tax 4.78% Federal Tax 10.00% Sales Tax (~) 3.89% Base Price (2) 81.66% Federal Tax 14.33% Sales Tax {~) 3.88% Base Price (2) 77.01% (1) "Sales Tax" assumes a 5% jurisdiction. (2) "Base Price" includes costs such as distribution & marketing, refining & crude oil. Price Per Gallon Reduction Between Current Tax Structure and Ord.2003-11 -$0.013 -0.72% -$0.015 -0.89% Ord 2003-11 Impact Statement Page 3 of 5 Table (3) reflects the price per gallon tax structure should Ordinance 2003-11 be adopted along with the proposed State and Federal Tax increases. Below Table (3) reflects the price per gallon increase between Table (1), the current tax structure and Table (3). Table (3) Ordinance 2003-11 plus increase to State & Federal Tax Gasoline ($1.984 Retail Price) Diesel ($1.875 Retail Price) State Tax 10.08% Federal Tax 12.10% Sales Tax (~) 3.73% Base Price (2} 74.09% .. State Tax 10.66% Federal Tax 17.07% Sales Tax (~) 3.47% Base Price (2) 68.80% (2) "Sales Tax" assumes a 5% jurisdiction. (2) "Base Price" includes costs such as distribution & marketing, refining & crude oil. Price Per Gallon Increas~--~ Between Current Tax ~ ' Structure & Ord.2003-11 Plus I Proposed State & Federal I I Increases. $0.185 Ord 2003-11 Impact Statement Page 4 of 5 Other issues: What is the administrative cost estimate to implement Ordinance 2003-11 ? There are no anticipated changes to either the administration of sales tax or the sales tax system. However, a cost estimate of $1,000 would be incurred to notify business owners to implement Ordinance 2003-11. Ordinance 2003-11 would require business owners who sell oil and gas products to restructure the way sales tax is calculated when determining the price per gallon. After several conversations with owners, it is their feeling the calculations are not unbearable and could be achieved. Ordinance 2003-11 would require business owners to remove the Federal and State tax from their gross sales prior to remitting their Sales Tax Returns. Business owners believe that this will be the most difficult part of Ordinance 2003-11 and potentially may cause further errors in their returns. Are there other instances where the perceived "taxing a tax" is applied? Yes. Sales tax is the last tax charged on any retail sale, rent or service. This said, sales tax is charged as "the last tax" on items such as propane, alcohol, tobacco, firean~s and ammunition, which also include a federal and/or state tax that is ultimately passed through to the consumer. In addition, wholesale costs of goods recovers a variety of tax costs incurred by a manufacturer, wholesaler or retailer. Various tax costs are paid by the manufacturer, distributor or retailer and passed directly to the consumer as part of a base price before markup. The retailer of goods must recover these taxes to stay in business and are paid directly to a taxing entity without regard to the consumer other than the recovery of taxes the retailer has incurred. The sum Of these costs is typically known as the "Cost of Goods Sold';. To a consumer, it may give the false notion of being "taxed on a tax". Sales tax is different, because the business owner does not pay the tax but rather charges the sales tax at the time of each individual sale and remits that tax collected on behalf of the consumer to the taxing entity. Ord 2003-11 Impact Statement Page 5 of 5 Introduced by: Date: Hearing: Action: Vote: Fischer 04/01/03 05/20/03 KENAI PENINSULA BOROUGH ORDINANCE 2003-11 AN ORDINANCE AMENDING THE SALES TAX CODE TO EXEMPT A PORTION OF GASOLINE AND DIESEL FUELS FROM SALES TAX WHEREAS, retail gasoline prices include amounts paid by distributors for state and federal excise taxes, which amounts are passed on to the retailer and ultimately to the consumer; and WHEREAS, exempting from the sales price subject to the borough sales tax such amounts would provide some relief from taxes fOr the consuming public; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 5.18.200(A)(19) is hereby enacted as follows: 19. That portion of the final retail sale price of taxable gasoline and diesel fuels equal to the amount of state and federal excise taxes paid by the retailer for such fuels is exempt from this chapter. SECTION 2. That this ordinance shall take effect th/ay days after its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2003. Suggested by: Administratio,, City of Kenai RF~OLUTION NO. 2003-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $100,000 IN THE ARFF/SRE CAPITAL PROJECTS FUND FOR PROJECT CLOSEOUT. WHEREAS, the ARFF/SRE Capital Project negotiations with the architect and contractor regarding change orders have been finalized; 'and, WHEREAS, funds appropriated in the Admin account are available for transfer to the Engineering and Construction accounts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: ARFF/SRE Capital Projects Fund From: Admin $100,000 To: Engineering Construction 33,000 67,000 $100.000 · PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of May, 2003. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance' (4 / 30 / 2003) hl MEMORANDUM C!.TY. OF KENAI 210 FIDALGO AVE., SUITE 200 KENAh ALASKA NSll-TTG4 TELEPHONE 90T-283-753S FAX SQT-283-M]14 TO' FROM: DATE' SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manager, S,_ April 30, 2003 ARRF/SRE Facility Closeout We have finally reached a point where we can finalize the referenced project. Due to schedUle conflicts and winter vacations, it has been difficult to reach agreement on some items and to get all the parties together in the process. G & S Construction, FAA, RIM Architects, and I have reached an agreement or compromise to increase the construction contract by change order in the amount of $66,445. This amount includes additional City requested items and several negotiated items that have been in contention throughout the project. FAA is in agreement that all items are justified and grant eligible. Since them was considerable project management and inspection work beyond the construction contract substantial completion date, RIM Architects is entitled to a contract amendment in the amount $33,000. We have b~n withholding payments to RIM until a major issue was resolved that could have impacted their contract payments. FAA determined the returned building component to be grant eligible; therefore, a payment reduction from RIM was not necessary. With your concurrence, we would like to have the respective purchase orders increased at the May 7 Ciht Council meeting. Purchase Order No. 42502 to G & S Construction by $66,445 Purchase Order No. 42503 to RIM Architects by $33,000 t'age Iot 2 Jan Taylor From: brad.garland@faa.gov Sent: Thursday, April 24, 2003 7:47 AM To: Jack LaShot Cc: Jan Taylor Subject: Re: ARFF/SRE closeout Jack, The change orders appear necessary and reasonable for project accomplishment. FAA concurs with the change orders. The increased costs associated with the change orders are AlP-eligible and can be claimed within a grant amendment in accordance with special condition number 10 of the grant agreement. Furthermore, the modification of the professional services agreement also appears necessary and the costs are reasonable. These increased costs are also AlP-eligible and can be claimed within the grant amendment and project close-out Brad A. Garland FAA Airports Division Alaska Region "Jack LaShot" <Jla~hot~ci.kenai.ak.us> 04123/2003 02:33 PM To: Brad Garland/AAL/FAA(~FAA cc: "Jan Taylor" <jtaylor~ci.kenai.ak.us> Subject: ARFF/SRE closeout Hello Brad, We have finally reached a point where we can wrap up this project. Because of the need to agree on everything and the availability of all the parties, etc., it has taken longer than anticipated. Anyway, I will fax to you Change Order #5 that recaps the agreed upon additional costs to G & S Construction. Also, we need to increase the contract amount to RIM Architects in the amount of $33,000 to cover project managment and inspection past the substantial completion date of construction. We are requesting the increase as a not-to-exceed amour as all the costs are not in yet. This amount was also in limbo until the issue of the returned compressor was resolved. If you remember our conversation, you thought that item could be grant fundable and the City would not need to deduct the associated cost from thier payments. We plan to send these items to our City Council for approval at the May 7th meeting. If you could review this matter befor May 1st, it would be appreciated. Let me know if you need anything further or if you have questions. Thabk You, Jack La Shot 4/24/2003 CITY OF KENAI RESOLUTION NO. 2003-22 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO NORTH STAR PAVING & CONSTRUCTION, INC. FOR THE PROJECT ENTITLED BASIN VIEW LID- 2003 DOLCHOK LANE, KIM-N-ANG COURT, AND CUB COURT FOR THE TOTAL AMOUNT OF $353,115.00. WHEREAS, the following bids were received on April 29, 2003' Contractor Alaska Roadbuilders, Inc. North Star Paving & Construction, Inc. Engineer's Estimate Total Bid $364,905 $353,115 $393,130 WHEREAS, North Star Paving & Construction, Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from City Administration is to award the contract to North Star Paving & Construction, Inc. for the total cost of $353,115; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled Basin View LID- 2003 Dolchok Lane, Kim-N-Ang Court, and Cub Court be awarded to North Star Paving & Construction, Inc. for the total amount of $353,115. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of May 200'3. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk./~ ~] Approved by Finance: CITY OF KENAI RESOLUTION NO. 2003-23 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO ALASKA ROADBUILDERS, INC. FOR THE PROJECT ENTITLED SCHOONER CIRCLE LID - 2003 FOR THE TOTAL AMOUNT OF $51,562.50. WHEREAS, the following bid was received on April 29, 2003: Contractor Alaska Roadbuilders, Inc. Engineer's Estimate Total Bid $51,562.50 $32,515.00 WHEREAS, Alaska Roadbuilders, Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from City Administration is to award the contract to Alaska Roadbuilders, Inc. for the total cost of $51,562.50; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled Schooner Circle LID - 2003 be awarded to Alaska Roadbuilders, Inc. for the total amount of $51,562.50. 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 Approved by Finance: ~~ May 1, 2003 CITY OF KENAI "oa 4 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Dear Property Owner: Subject: Schooner Circle LID The City of Kenai opened the construction bids on Schooner Circle LID paving project on April 29, 2003. Unfortunately, there was only one bidder, Alaska Roadbuilders, and the unit bid prices are considerably higher than the ones received last year on the Pillars LID. Enclosed is the updated "Preliminary Assessment Roll (After Bid - Before Project Completion)." At the bottom of the spreadsheet, notice the new "Estimated Project Costs." The actual final assessment role, the actual costs to you, will not be known until the project is 100 percent complete and all final costs are included. This new assessment, however, is close to your actual costs. After the final assessment is approved, you can pay it in one lump sum or spread the payment over five years with interest. As per owner's agreement, the maximum assessment on Lot No. 1 will be 10 percent (instead of 25 percent) of the total costs attributable to this lot based upon the size of the lot. The remaining 15 percent of cost attributable to Lot No. 1 will be shared equally by the other four lots and will be in addition to their 25 percent allocation based upon lot size. A copy of Resolution 2003-23 awarding this project to Alaska Roadbuilders is enclosed and will going to the City Council on May 7, 2003 for approval. Once this resolution passes, this project will be awarded and constructed. Sincerely, Keith Kornelis Public Works Manager KK/jet Enclosures SCHOONER CIRCLE LID PRELIMINARY ASSESSMENT ROLL (After Bid-Before Project Completion) OWNER Bingham Weaver Chivers Sc, allan Jensen 'TOTAL Below costs are estimates - final cost will be based on the actual cost of the project. Properties to be assessed: Lots 1-6 Block 3 ViP Park Estates Subdivision ACRE ]1 Square Feet 67,518 1.551 1:14 49,658 1.18 % of Total 0.259631 120 % of cost 100 % of Cost !EsLSAssessed / 15,7991 3,950 51,401 0.197655 12,027 3,007 1.121 48,787 0.187605 11,416 2,854 592 3446 0.98 42,689 0.164154 9,989 2,497 592 3090 5.97 260,~ 1 .(XXXXX) 60,850 15,213 15213 Muni Match Grant (70%) General Fund (5%) 42,595 Property Owners (25%) 15,213 TOTAL 60,850 No Assessment can be hi~lher than 20% of fair market value includin~ benefit of work. (Below is KPB) Weave I 2 I 20,30o 89,4001 109,700I 27,425/ 3497 Chivers / 3 I 20,300 112,200 ! 132,500 t 33,125 3599 SCallan / 4 I 20,300 80,600! 25,225 Jensen /5! 20,3(X) 103'7001 100,900t 3446 124,000I 31,000 1 Adjustment I Assessment (~5~)1 3497 1580 IMPROVEMENTS: The New Assessment is based on the proI Estimated Project C sts ~dmin. 3,000 Engineering D & I 6,260 Construction 01,600, Total 60,800 J Gradin~] & Backfill; Drainage; Paying;Topsoil & Seeding; Signage ! ~erty owners agreement with the c~ ,. I I ! Prepared by Keith Komelis 5/1/2003 Page I CITY OF KENAI RESOLUTION NO. 2003-24 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO ALASKA ROADBUILDERS, INC. FOR THE PROJECT ENTITLED TOYON WAY LID - 2003 FOR THE TOTAL AMOUNT OF $120,269. WHEREAS, the following bid was received on April 29, 2003: Contractor Total Bid Alaska Roadbuilders, Inc. Engineer's Estimate ;and, $128,769 $97,852 Street Light New Total Change -$8,500 $120,269 WHEREAS, Alaska Roadbuilders, Inc. is reducing the cost of the street lights by $8,500 because they received a lower quote after the bid was sent to City Hall; and, WHEREAS, Alaska Roadbuilders, Inc. was the only bidder on this project; and, WHEREAS, Alaska Roadbuilders, Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from City Administration is to award the contract to Alaska Roadbuilders, Inc. for the total cost of $120,269; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled Toyon Way LID - 2003 be awarded to Alaska Roadbuilders, Inc. for the total amount of $120,269. 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 Approved by Finance: May 1, 2003 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Dear Property Owner: Subject: Toyon Way LID The City of Kenai opened the construction bids on Toyon Way LID paving project on April 29, 2003. Unfortunately, there was only one bidder, Alaska Roadbuilders, and the unit bid prices are higher than the ones received last year on the Pillars LID. Enclosed is the updated "Preliminary Assessment Roll (After Bid - Before Project Completion)." At the bottom of the spreadsheet, notice the new "Estimated Project Costs." The actual final assessment role, the actual costs to you, will not be known until the project is 100 percent complete and all final costs are included. This new assessment, however, is close to your actual costs. After the final assessment is approved, you can pay it in one lump sum or spread the payment over five years with interest. A copy of Resolution 2003-24 awarding this project to Alaska Roadbuilders is enclosed and will going to the City Council on May 7, 2003 for approval. Once this resolution passes, this project will be awarded and constructed. Sincerely, Keith Kornelis Public Works Manager KK/jet Enclosures TOYON WAY LID PRELIMINARY ASSESSMENT ROLL (After Bid-Before Completion) *******Based on property ownem paying proportionally based on square footage******* Below costs are estimates - final cost will be based on the actual cost of the project. Iol # IOWNER 1 i LANDUA 2tEHRHARDT 3 t LOFSTEDT 41HAYS ACRE ! Square FeetI 0.21 9,148 Properties to be assessed: See Property Owners Spread Sheet ~ KPB 25% KPB 0.33 0.22 0.37 LOFSTEDT 0.23 CANADY 0.36 LOFSTEDT 0.23 SALNESS 0.35 0.22; 0.35~ 14,375 9,583 16,117 10,019 15,682 10,019 15,246 9,583 15,246 9,583 % of Total ~ Ass. $ Ass. $ ii 0.044681 15,000 3,750 0.070213 0.046809 0.078723 0.048936 0.076596 0.048936 0.074468 0.046809 0.074468 0.046809 55,000 15,000 263;600 15,000 55,000 15,000 55,000 27,700 198,400 15,000 13,750 3,750 65,900 3,750 13,750 3,750 13,750 6,925 49,600 3,750 100% of LID Est. $ 6,442 10,123 6,748 11,349 7,055 11,043 7,055 10,736 6,748 10,736 OLSEN 6,748 !N 0.22 WINSTON 0.39 16,988 0.082979 55,000 13,750 11,963 EVERY 0.25 10,890 0.053191 184,000 46,000 7,669 0.35 15,246 0.074468 55,000 13,750 10,736 KAUTZ 0.27 11,761 0.057447 15,000 3,750 8,282 LOFSTEDT 0.35 15,246 0.074468 55,000 13,750 10,736 TOTAL 4.70 204,732 1.000000 144,169 Estimated Project Costs Administration 3,000 Muni Match Grant (70%) Engineering 20,900 General Fund (5%) Property Owners (25%) 120,269 144,169 TOTAL j Construction 1 25% of UD Est.$ 1,610 2,531 1,687 2,837 1,764 2,761 1,764 2,684 1,687 2,684 1,687 2,991 1,917 2,684 2,071 2,684 36,042 100,918 7,208 36,042 144,169 Prepared by Keith Kornelis 5/1/2003 Suggested by: Mayor '~,-~m~ City of Kenai RESOLUTION NO. 2003-25 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING SENATE BILL 189 THAT WOULD RENAME THE KENAI COURTHOUSE THE "JONATHAN H. LINK COURTHOUSE." WHEREAS, Judge Jonathan H. Link recently passed away;' and, WHEREAS, Judge Link was instrumental in the design and construction of the Kenai Courthouse; and, WHEREAS, Judge Link was the first Superior Court judge assigned to the Kenai Courthouse and served there from 1990 until 2003; and, WHEREAS, Judge Link was an extremely well respected jurist, lawyer, father, husband and citizen of AlaSka and the Kenai Peninsula; and, WHEREAS, it is fitting and proper that the Kenai Courthouse he so loved be named after him; and, WHEREAS, Senate Bill 189 proposes to name the Kenai Courthouse the "Jonathan H. Link Courthouse." ' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai urges the Alaska Legislature to adopt SB 189 and name the Kenai Courthouse the "Jonathan H. Link Courthouse." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of May 2003. JO HN J. WILLIAM S, MAYO R ATTEST: Carol L. Freas, City Clerk )-11 Suggested by: Administrauon City of Kenai RE~OLUTION NO. 2003-26 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $36,500 IN THE AIRPORT SECURITY IMPROVEMENTS CAPITAL PROJECT FUND FOR PRELIMINARY PROJECT EXPENSES. WHEREAS, prelimin~ project expenses for surveys and utility preparation work were originally budgeted in the construction account, but are more appropriately recorded in the engineering account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Security Improvements Capital Proiect Fund From: Construction $36,500 To: Engineering $36,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of May, 2003. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance' (5 / 01 / 2002) jl ENAI PENINSULA BOROC 144 N. BINKLEY - SOLDOTNA, ALASKA ,, 99669-7599 BUSINESS (907) 262-8608 FAX (907) 262-8615 EMAIL: assemblyclerk@borough.kenai.ak.us April 4, 2003 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.' Alaskalanes Bowling Center Removal of Objection to Continuance Dear Ms. Holland-Williams' Please be advised that the Kenai Peninsula Borough wishes to withdraw the objection to the 2003 continuance of the liquor license for Alaskalanes Bowling Center. The Kenai Peninsula Borough Finance Department has reviewed its files and states the licensee has brought their mx delinquencies in compliance according to borough policies. Sincerely, Linda S. Murphy, MMC Borough Clerk CC' Applicant City of Kenai KPB Finance Department File S:\WPWIN~ATAL~BCBLt~bc,-letters\Withdrawai Letters\Withdrawei of Objection of Continuance.wpd Mayor John Williams City of Kenai Kcnai, AK 99611 4-23-03 Mayor Williams, I want to thank you for the opportunity to have served on the Planning and Zoning Commission. I regret that I must resign my position due to a personal conflict. I would not be able to attend meetings on a regular basis. Sincerely, Larry D. Tunseth Cc: Marilyn Kebsehull AGENDA KENAI 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: SCHEDULED PUBLIC COMMENTS { 10 minutes} ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS ~ COUNCILS ITEM D: PUBLIC HEARINGS , Ordinance No. 1998-2003 -- Amending Kenai Mumcipal 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 - Title 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: COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation 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 ITEM F: MINUTES . *Regular Meeting of March 19, 2003. *Regular Meeting of April 2, 2003. ITEM G: CORRESPONDENCE ITEM H: ITEM I: OLD BUSINGS NEW BUSINESS . Bills to be Paid, Bills to be Ratified o 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 Propert~ 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. o , , , 10. ITEM J: ITEM K: *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. *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 Printing With Amendments. 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 Caffi. 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 Assi~ment of Lease and Security Assignment of Lease -- Alaskalanes, Inc. and Ken Liedes and Mike Trujillo, Individually to Alaskalanes, Inc. and Ken Liedes, Individua/ly. REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUT~ SESSION- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNC~- REGULAR MEETING APRIL 16, :2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://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. Present were: Williams and Bookey Swarner, Moore, Porter, Jackman, ELECTION OF COUNC~,MEMBER The first ballot with ail the candidate names included was voted as follows: Smalle¥ 2 Osborne 2 Gilman 2 Brenckle 0 Eldridge 0 Williams asked if council wanted to narrow the ballot from those on the first ballot, i.e. three candidates or go to a weighted ballot. Council chose to vote with all the candidates one more time. Second ballot: Smalle¥ 2 Osborne 2 ., Gilman Brenclde 0 Eldridge 0 Williams requested council move to the first ordinance and come back to the vote because of the amount of people in the audience here to speak to the ordinance. Council had no objections. A-4. OATH OF OFFICE-- NEW COUNCIL MEMBER KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 2 AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: MOTION: Councilman Bookey MOVED to approve the agenda as presented and Councilwoman Swarner SECONDED the motion. MOTION TO AMEND: Councilwoman Swarner MOVED to amend the agenda by removing Ordinance No. 1999-2003 from the agenda and Councilwoman Porter SECONDED the motion. Swarner clarified the request as to remove the ordinance in total from the agenda. VOTE ON AMENDMENT: ,, Swarner, Yes Moore ]Yes dackrnan Yes , Williams I Yes Porter Bookey Yes Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: There were no objections to the amended motion or moving Ordinance No. 1998-2003 ahead of Item B. SO ORDERE~. A-6. CONSENT AGENDA , MOTION: Counc~!man Bookey MOVED to approve the consent agenda as presented and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM D: PUBLIC HEARINGS D-1. Ordinance No. 1998-2003 -- Amending Kenai Municipal Code by Adoption of a New Chapter 12.40 to Regulate Smoking in Eating Establishments. D-la. Remove from Table KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 3 MOTION: Councilwoman Porter MOVED to remove Ordinance No. 1998-2003 from the table and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. D-lb. Consideration of ordinance. MOTION: Councilwoman Porter MOVED to adopt Ordinance No. 1998-2003 and Councilwoman Swarner SECONDED the motion. Bill Osborn, P.O. Box 3003, Kenai, 243 Rogers Road., Kenai -- Osbom supported the ordinance and stated it would improve the health of the people in the city and urged passage of the ordinance. Gary Superman -- Superman stated he had spoken on this issue several times on the radio and before the Soldotna Council. He noted, this is an emotional issue and he wanted to rebut some of what he felt was questionable scientific information provided as he felt the data methodology regarding deaths from smoking was manipulative. Superman urged council to take more time in reviewing information and deciding on the issue. Councilwoman Swarner asked Superman if he were a restaurant owner in Kenai, could he make necessary changes in his restaurant by October to be compliant with the ordinance. Superman answered he could, but would not. Greg Daniels, 426 Rogers Road, Kenai -- Daniels stated his support of the ordinance. He noted, a place to §o in Kenai to sit and enjoy a meal without havin§ someone smokin§ in the restaurant is really needed in Kenai. He added, not only is it obnoxious to eat a meal with smokin§ around you, but it is very bad for people's health and that he believed research does support smokin§ habits and second-hand smoke is very bad for one's health. Daniels continued, he was speakin§ of enjoyin§ a meal in an enclosed area, away from smoke, and with no swin~n§ doors to a smokin§ area as smoke has no boundaries. He added, it would be a financial burden on owners, but there has to be a price on clean air. Daniels ur§ed passa§e of the ordinance to restrict smokin§ in eatin§ establishments. Linda Petrey, P.O. Box 576, Kenai -- Petrey noted she leases the restaurant at the airport and because it is a federally owned building, smoking is not allowed. Petrey added, she objects to the lack of freedom of choice for the business owners if the ordinance is passed though if she had a restaurant at a different site, she would make KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 4 it non-smoking. She leaves restaurants which allow smoking and felt people have to make their own choices. Virgil Mosely, 44505 Carver Drive, Kenai -- Mosely stated he believed in freedom of choice and added, he works in that type of environment and it was his choice to be around it. He is not a smoker and feels the ordinance places judgment on moralistic choices. Mosely added, there are other options of restaurants in Kenai where smoking is not allowed. Where he works, there is a bar, restaurant, and hotel and they want to give their clients the option. He stated he hoped the ordinance would not pass, however it could have amendments. Bob Peters, Old Town -- Peters stated the 1asr two speakers expressed his feelings on the issue; he didn't think more laws were needed and the decision of smoking/non- smoking should be left up to the owner of the business. Mike Baxter, 1619 Toyon Way, Kenai -- Baxter stated he believed it was an issue of private enterprise -- lobbying of the government was not needed to pass a law like this, but business owners should be lobbied to not allow smoking in their establishments. Troy Castimore, 2575 Watergate Way, Kenai-- Castimore stated, customers of an establishment have the choice to go o there or stay home; the people who work there don't have the choice. She added, she works in a food pantry and many of her clients are those who need the job and cannot go somewhere else. Secondhand smoke in a working environment is like smoking five packs of cigarettes in an eight-hour shift. Roger Meeks, Vintage Pointe-- Meeks stated he did not think he has been in a restaurant where there was smoking allowed for some time as it is his privilege. added, when he smoked, he could wait until he was through with his meal and smoked after he left the establishment. H~ Roger Shannon, 11823 Spur Highway, Kenai -- Shannon stated he has smoked off and on since he was in second grade. He added, he believed the young people should be considered and council should direct their energies there. Ricky Gease, 4289 Beaver Loop, Kenai -- Gease noted there are good points and bad in regard to the ordinance, i.e. freedom of choice issues. He noted, there are helmet and seatbelt laws, but no law against smoking. His wife chooses not to work in smoking establishments, but this was her choice. He added, council needs to decide on public health issues and freedom of choice. Gease reminded, we live in Alaska...the last bastion of freedom of choice. Councilman Bookey stated, the ordinance refers to "eating establishments" and noted, the city has many types of eating establishments including bingo parlors. He asked if the ordinance would be enforced. City Attorney Graves explained a snack bar would KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 5 not be the same type of room as a bingo hall would be as long as the bingo hall is not designed to serve food. Graves noted, an amendment could be made to include bingo parlors. Peggy Baxter {Offers Baseball) -- Bookey asked Baxter if the ordinance was enforced to the fullest extent and no food or smoking would be allowed in the bingo parlor, what would the impact be to them. Baxter stated they probably wouldn't have food available and have vending machines for soda. Bookey asked if there would be a net profit impact and Baxter stated she didn't think so because the food they have available is a convenience. They sell the soda at the purchase price and give coffee away. Moore asked about the snack bar in the bowling alley and Williams suggested it could be walled off to keep it separate from the bowling alley. Jackman stated she would not support any ordinance that picks and chooses between businesses. She added, she understood it was a health issue, but thinks it a bigger moral issue and didn't think this form of govem_m__ent should make the decision to choose for the business owners. She suggested patrons could ask the business to disallow smoking and she urged the business owners to consider the change on their o~rrl. Williams stated he would support the ordinance because he didn't think he, as a patron of a restaurant, should have to make the decision to go out of the restaurant to get away from the smoking. The smoker should make the choice to go outside and smoke. Also, he recently traveled on a ten-hour trip where he spent eight hours on the plane and two hours in an airport where smoking is not allowed; smokers were able to make the trip without smoking. They can wait to smoke for an hour while in a restaurant having a meal or go outside. He added, the smokers' right to smoke stops when it invades his rights. Swamer stated she would prefer changing the definition of an eating establishment instead of adding bingo halls to Section .030. She added, she wanted the definition to say an eating establishment that is their primary business. She added, she believes a bingo hall has a primary business of being a bingo hall. Attorney Graves stated a definition of an eating establishment as "an area whose primary function is serving food." He suggested the ordinance could be amended at Section .010, Definitions, Eating Establishments, changing the fourth line starting with "...an enclosed area" and add "...the primary purpose of which is to give or offer for sale food to the public or where food cooked or otherwise..." He added, that would mean, the primary function of that facility would have to be the preparation and service of food and would get around the bingo example pointed out by Councilman Bookey. KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 6 MOTION: Councilwoman Swamer MOVED to amend Ordinance No. 1998-2003 in Attorney Graves' language and Councilwoman Porter SECONDED the motion. There were no objections. SO ORD~~D. Porter stated she would support the ordinance as she had received many comments from the public who wanted the ordinance passed and believes, from her former occupation and her personal life, it is a major health issue. Moore stated he would support the ordinance because of what he heard from the public. He added, he believes in freedom of choice, especially in private enterprise and their businesses. Moore continued, he was basing his decision on more testimony he received in favor of the ordinance than against and due' to comments made earlier in the meeting. Swamer stated she had received many comments as well in support of the ordinance. However, what decided for her was the comment made in a previous meeting by a student revolved in the D.A.R.E. program who questioned why the program should support and encourage certain behaviors so not to abuse one's body and smoking is allowed in restaurants. Swa.rner asked if the October 2 date for compliance a problem for Louie's Restaurant/Back Door Lounge. David Sch~l~ng, 613 Cedar-- Stated everyone has an opinion, and the ordinance would hurt him. Bookey stated this had been a tough issue. He stated, he used to smoke, doesn't like smoking, and doesn't go to restaurants where smoking is allowed. Bookey added, he would not support the ordinance as he believed it was not the council's place for this legislation. VOTE: dackman Yes Moore Yes Porter Williams Yes l Yes Booke¥ No MOTION PASSED. ITEM B: SCHEDULED PUBLIC COMMENTR-- None. ITEM C: ,REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 7 Assemblywoman Glick reported on actions taken at the Assembly meeting of April 15 including the following: · An ordinance .was approved redirecting school bond funding and interest income for school capital improvement projects, including upgrading the fire alarm system at Sears Elementary School. · Had a presentation by Skyview School National Ocean Sciences Bowl Team regarding a low-impact tourism/bird watching proposal. They were referred to the Tourism and Marketing Director and EDD to discuss their idea further. Kenai City Attorney Graves has offered to work with them regarding the Brown Field grant funding that may be available. Approved a resolution authorizing participation in the Denali Commission Multi-Use Facilities request for proposals to provide a fire Station for Kachemak Emergency Service Area and Public Community Hall. Glick suggested funding may be available through the Denali Commission for the'purchase of equipment for the fire training facility/emergency operations center and the Challenger Center. · Approval of a resolution to establish an additional major capital projects administrator position. Glick explained the benefit to be having available an employee with a solid waste background and EPA knowledge. · Introduced and set a public hearing for a resolution to authorize the Borough to enter into a contract to conduct the 2006 Arctic Winter Games on the Kenai Peninsula. She noted, the Kenai Peninsula Borough has the responsibility to pay the costs ff other funds are not received. The signing of the document took place, but with the caveat the Assembly would be considering the resolution on May 20. · A public hearing on a resolution regarding the USA Patriot Act (United and Strengthening America) at their May 6 (in Seward) and May 20. Williams explained the City is not a signatory (or other municipalities) to the Arctic Winter Games contract and it is known the Borough has sufficient funding to pay for the Games. Funding will be requested from the Congressional delegation for the legacy components, i.e. completion of the Kenai hockey rink, a hockey rink in Homer, etc. Brandt O'Regan, 39395 Redmond Street, Sterling-- O'Regan, on behalf of the Tobacco Control Alliance, thanked council for thc passa§¢ of thc no-smotdn§ ordinance and offered their help in puttin§ forth a media campaign and work with thc restaurants in hclpin§ them §et ready for thc October effective date. In regard to the Games, O'Regan stated the Borough Mayor signed the document because the Borough is ultimately responsible for the financing of the Games on the Peninsula. However, there is a request within the Games budget for each Peninsula municipality to put forth a monetary and small in-kind contribution to get their community involved. Also, there's a historical precedence set at the federal and state KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 8 levels for financial. They believe the Games will be funded as they were the last time the Games were held in Alaska or above that level. 'She noted, the $5 million budget includes the capital budget, i.e. building the Homer ice rink, enclosing the Kenai ice rink and the development of a biathlon range. Councilman Moore stated he read the draft document and had the same concerns about the municipalities' funding responsibilities. He added, he wanted Kenai to be kept aware of what is done with its facilities because there is some debate of how the facility would be completed, i.e. whether it should be enclosed at all. O'Grady stated every effort would be made to keep the municipalities aware. The next step in the process is to file their articles of corporation, create a board of directors whose responsibility, in part, will be to make sure the municipalities are represented on the board and to be sure they will be attending council meetings to make consistent reports about the activities of the board. O'Grady added, the contract specifies the Kenai rink does not have to have a permanent enclosure and if Kenai decides the rink should not be permanently enclosed or the showers to become permanent parts of the facility, there is an option to make them temporary. Williams stated, if funding is made available, the city should do as much as possible to be sure the fmtures are made permanent. Williams suggested a member of the council be the city's representative on the board. Councilman Moore stated he would be the representative. BREAK TAKEN: 8:22 P.M. BACK TO ORDER: 8:40 P.M. A-3, CONTINUATION. ELECTION OF COUNCIL MEMRRR Williams suggested doing several more ballots and if a winner is not determined, then consider a weighted vote. Council had no objections. Third ballot: 'Smalley 2 Osborne 2 , Gilman 2 Brenckle 0 Eldridge 0 Fourth ballot: Smalley 2 Osborne 3 Gilman 1 Brenckle 0 ~NAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 9 A weighted vote was taken for all five candidates, giving points of 1 (lowest) through 5 (highest). After the vote, the points would be counted and the two candidates with the highest amount of points would be the two candidates from which to choose. Fifth ballot (weighted)' Candidate Weishted Points Total Points Smalley 2 5 4 3 4 5 23 Eldridge 4 2 2 1 2 2 13 Brenckle 3 3 1 2 3 4 16 Osborne 5 4 3 5 1 3 21 Gilman 1 1 5 4 5 1 17 The two candidates were determined to be Smalley and Osborne. Sixth vote: i'Smalley Osborne [331 A brief discussion followed, noting the constant ties of the votes indicated the power of the candidates and they were applauded for putting themselves up before the council for this procedure. A brief discussion followed regarding the direction of the code for the council to elect a council member and it was established the ordinance defines the election as a regular vote and usually means by a regular majority vote. Williams suggested to set aside the election to the next meeting if the vote continues to tie and ff that is done, asked council if they would want to then leave the candidates to Smalley and Osborne. Swamer stated she would prefer leaving the seat empty until the October general election if the seat is not filled during this meeting and Porter agreed. Williams stated his desire to keep the candidates to two. Seventh vote' Smalley [ 31 Osborne 3, Williams asked if council would want a five minute presentation from the candidates or re-rank the five candidates. Council chose to put all five candidates back in the vote. Eighth vote: ~NAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 10 Ninth vote: Smalley 2 Osborne 3 ,, Gilman 1 Brenckle 0 Eldrid§e 0 Smalley 3 Osborne 3 Gilman 0 Brenckle 0 Eldridge 0 Blaine G_~__m__an -- Stated he felt it very important the seventh chair be filled and withdrew his name from the contest. He stated he would continue to be involved with the budget work sessions and thought council should cast a weighted vote again and see if a majority vote could be achieved. Council chose to cast a weighted vote, giving points from 1 to 4. Tenth vote (weighted)- Candidate Weighted Points Total Points Smalley 4 3 1 4 1 4 17 Eldridge 1 4 3 2 3 1 14 Brenckle 3 1 2 1 2 3 12 Osborne 2 2 4 3 4 2 17 Eleventh vote' Smalley 3 Osbome 3 Brenckle 0 Eldridge 0 It was suggested the meeting continue and the vote be continued at the end of the meeting. Williams suggested one more vote be taken and then if needed, continue the vote later in the meeting if council approves. Twelfth vote' Osborne KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 11 Brenckle Eldridge John "Ozzie" Osborne was determined to be elected to the council seat. A-4o OATH OF OFFICE-- NEW COUNCIL MEMBER Mayor Williams administered the Oath of Office to Osborne and Osborne took his seat at the dais. Osborne was requested to attend the EDD board meeting in Seward and Osborne stated he would attend. ITEM D: PUBLIC HEARINGS D-lo 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 Heard immediately after agenda approval. 9-2. Ordinance No. 1999-2003 -- Amending the Kenai Municipal Code by Adding Chapter 12.40 That Eliminates Smok/ng in Public Places and Workplaces Except Private Clubs. Removed from agenda. D-3o 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. MOTION: Councilwoman Swamer MOVED approval Ordinance No. 2000-2003 and Councilwoman Porter SECONDED the motion. There were no public comments. Swamer stated her concern she may have a conflict as she was employed by the Peninsula Food Bank from whom the Senior Center purchases food. Attorney Graves stated a potential conflict may be cured by a public disclosure and could allow Swarner to vote on the issue. Williams stated he would allow Swarner to vote as she revealed the conflict. KEN~ CITY COUNCIL MEETING APRIL 16, 2003 PAGE 12 VOTE: Swamer Yes Osborne Yes Bookey Yes Moore Jackman Yes Yes Porter William__s Yes Yes MOTION PASSED UNANIMOUSLY. 9-4. Liquor License Ownership/Stock Transfers -- Uptown Motel / Louie 's -- Schilling Alaska, Inc. Uptown Motel/Back Door Lounge -- Schilling Alaska, Inc. Approved by consent agenda. Liquor License Application for Restaurant Designation Permit -- Uptown Motel/Louie's Uptown Motel/Back Door Lounge Approved by consent agenda. ITEM E: · COMMISSION/COMMITTEE REPORTS E-1. C°un¢fl on Aging-- Councilwoman Swarner reported the unapproved minutes were included in the packet. E-2. Airport Commission -- Councilwoman Jackman reported the meeting was on April 10 and there was no quorum. Jackman noted a letter of resignation from Commissioner Kleidon was included in the packet and her seat has an at-large designation. Williams referred to the applications included in the packet and recommended Charles "Chip" Versaw for appointment. Council had no objections. E-3. Harbor Commission -- Councilman Bookey reported a meeting was held on April 14 and minutes of the meeting were included .in the packet. E-4. Library Commission -- Councilman Moore noted the minutes of the April 1 meeting were included in the packet. The next meeting will be held on May 6. E-5. Parks/~ Recreation Commission -- Councilwoman Porter reported the minutes of the April 3 meeting were included in the packet. A discussion was held regarding the skateboard park and it was recommended monies to place a slab on which to place the skateboard equipment be requested from the Daubenspeck funds. She added, the Boys & Girls Club proposal to acquire the city's recreation program was also discussed. KEN~ CITY COUNCIL MEETING APRIL 16, 2003 PAGE 13 E-6. Planning/h Zoning Commission -- Porter reported she attended the meeting for Councilman Bookey. She noted a Home Occupation Permit and a lease application were approved. The Commission held a work session immediately following the meeting to discuss the educational zone. There will be a public hearing scheduled for the education zone to be held in the near future. Councilman Osborne was appointed as the council liaison to the Planning & Zoning Commission. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swarner reported the meeting minutes were included in the packet and informed the attendees the city's clean-up day would be held on May 3 and May 31 is planting day for city flower beds. E-Th. Kenai Convention ~ Visitors Bureau Board -- Executive Director Gease reported the following: The KCVB annual report brochure had been prepared and copies were distributed to council. Gease reviewed the infomation with the council. · The grand opening reception for the art show will be held on May 3 at the Center. · The KCVB is very involved with the Cultural and Ceremonies Committee of the Arctic Winter Games and are discussing legacy projects for the Games. They have submitted a legacy idea to get all the different museum activity groups within the Central Peninsula together, and to do that, they have formed a Museum Association for the Central Peninsula. They will be having their second meeting on May 8 at 10:00 a.m. Their idea is for the Winter Games to g/ve a legacy of cooperation in the Central Peninsula and build a Kenai Penmsul~ Cultural Research possibly at the Kenai Peninsula College and include a museum storage facility and museum research area to be shared by the municipalities and local native organizations, etc. He noted, the City's 3,500 artifacts now stored at the Visitor Center (which does not have the proper environment for storage of artifacts) would be kept in the museum research/storage area where temperature and hum/dity would be controlled when not displayed. · Their next board meeting is scheduled for May 19. E-7c. Alaska Municipal League Report -- Swamer reported she and Councilman Bookey will attend the Legislative Committee meeting next week. Williams suggested they discuss with the area legislators the proposed 25% cut in municipal assistance. Other pending legislation was also discussed as follows' · HB 18 -- Attorney Graves was requested to review this bill. · HB 216, preventing municipalities from taxing certain aircraft. Airport Manager Cronkhite noted, this bill was suggested by ERA Aviation. · HB 264, exempting certain buildings from needing building permits which would exempt them from inspections, etc. ~NAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 14 The Kenai Peninsula Borough has proposed an ordinance to reduce sales tax on gasoline and diesel fuel which would cost the city approximately $40,000 a year. The need for a borough wide bed tax. E-7d. Kenai Chamber of Commerce -- Ricky Gease reported the Chamber Board had hired Kay Shearer as its executive director. The Chamber is working with other groups in the area to plan the Fourth of duly Parade. ITEM F: MINUTES F-Xo Regular Meeting of March 19, 2003 -- Approved by consent agenda. Regnlar Meethag of April 2, 2003 -- Approved by consent agenda. ITEM G: CORRESPONDENCE-- None. ITEM H: OLD BUSINESS-- None. ITEM I: NEW BUSINESS I-1o Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Bookey SECONDED the motion. Swarner requested UNAKIMOUS CONSENT. There were no objections. SO ORDERED. Purchase Orders Excee~g $2,500 MOTION: Councilman Bookey MOVED for approval of the purchase orders exceeding $2,500 and Councilwoman Swarner SECONDED the motion. poles. Questions arose regarding the purchase orders for renovating the Airport Triangle Park. Airport Manager Cronkhite explained the following: · There is a need to renovate the park as the trees are obscuring the flag · The proposed plan will make maintenance of the area much easier. · The renovation would be only the flag pole area. · The matter was presented to the Parks & Recreation and the Airport Commissions and they recommended the project go forward. ~NAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 15 · 'The costs for the renovation would be covered by the current Airport Fund for which money was available for the project, though it was not a line item in the budget. Landscaper Steve Booth explained the 13 salmon signs to be placed within the park shrubs would be made of steel and installed on steel posts embedded in concrete. Porter stated she was opposed to the project because of the cost when the council was involved in budget planning which included large cuts to the operation of all the departments. She stated she would not support the approval of the project. Bookey agreed and stated he would not support the purchase orders for either the landscaping or the signage. Williams stated he would support the purchase orders because the Airport Fund can afford the cost; the airport is the entrance to the city; it.will be easier for the crew to maintain the park; and it's a way to introduce the difference between the airport and the city. dackman agreed with Williams and stated her support. Booth explained the project would remove the trees that are noTM obscuring the flag poles and install low shrubs and the sign. He suggested the trees could be topped, cut out or do the project in phases. Swarner stated she would support the issue because it is a way to maintain the parks for now and there may not be money available next year. Osborne stated he would support the purchase orders as the airport and park is what people see when coming into and leaving Kenai. Parks & Recreation Director Frates reported the Beautification Committee addressed the issue two years ago. The problem is height of the trees and maintenance of the park. Ail the plantings get hurt by the moose. Porter suggested removing the trees and making the area grass only. Jackman stated she liked the design and suggested moving forward with it. Discussion followed regarding the purchase order for emulsion products. It was explained, the' dust control program' had been cut out of the 2004 budget, but funds remain in the current budget for this purpose. The areas of town where the products would be spread are VIP Subdivision, Beaver Loop, off Forest Drive, and the Magic/Aliak/Princess area; approximately 20 miles of road. The products, if approved, would be spread in June and no roads, if they are to be paved, would receive the products. Council was asked if they wanted to go forward with the prOgram with such a large deficit. MOTION TO AMEND: ~NAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 16 . Counci/man Bookey MOVED to remove the purchase orders to Weaver Brothers, Emulsion Products for the CSS i and Emulsion Products for use of the distributor truck and Councilman Moore SECONDED the motion. It was noted, with removal of these purchase orders, there would be no dust control at dUring the current fiscal year. Watering the roads was suggested as a dust control measure. Bookey questioned the purchase order to Kachemak Electric and Preferred Plumbing and it was explained, the lessees of the airport restaurant had the option to use the space now used by the Chamber for brochures. They want to place a coffee bar in the area and the pUrchase orders would cover the costs for installing a sink and electricity for this use. Bookey stated his concern the cost would be more than what the amount of rent would be received in the next three years. Williams stated it would be an improvement. Cronkhite reported administration felt it was a permanent improvement to the terminal and noted, when the restaurant was last bid there were five people wanting to put a coffee bar in this area. Jackman stated she felt it would be a long-term improvement and an asset to the terminal. Cronkhite explained, the reason the Airport would pay for the costs was dependent on what the improvement is to be and the lease agreement. The electrical improvements will address issues for the car rental areas as well. The coffee bar will stay open longer and will improve the service to the public as well as being a marketable asset for the space. Conversation returned to the airport triangle park signage and it was noted Sherman Signs was a business not situated in the city. It was noted, Steve Booth of Booth's Landscaping gathered the cost information. Porter stated she would prefer cost estimates be received from the two sign businesses in the city. VOTE ON AMENDMENT (DUST CONTROL): There were no objections. SO ORDERED. MOTION: Councilwoman Porter MOVED to remove the purchase order for Sherman Signs from the list and Councilwoman Jackman 8~O~ED the motion. VOTE ON AMENDMENT: There were no objections. $O ORDERED. VOTE ON MAIN AMENDED MOTION: KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 17 VOTE: Osborne ,, ~,.ookey Yes Moore Yes Porter [yes Yes jackman Yes Williams [ Yes Yes MOTION PASSED UNANIMOUSLY. I-3. Ordinance No. 2001-2003 -- Amending KMC Title 4 and KMC Title 14.20.220 to Adopt: 1) the Intemational 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. Introduced by consent agenda. I-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. Introduced by consent agenda. Ordinance No. 2003-2003 -- Increasing Estimated Revenues and Appropriations by $32,000 in the General Fund and the Skateboard Park Capital Project Fund. Introduced by consent agenda. I-6. Ordinance No. 2004-2003 -- Amending KMC 8.05 to Adopt the International Fire Code, 2000, First Prin~g With Amendments. Introduced by consent agenda. I-7, Approval-- Lease Application -- Tract A, Gusty Subdivision No. 3/James H. Doyle. Attorney Graves stated administration had no objections to the lease and the applicant was current with all payments to the city. KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 18 MOTION: Councilwoman Swarner MOVED for approval of the lease application for Tract A, Gusty Subdivision No. 3/James H. Doyle and Councilwoman Jackman SECO~ED the motion. There were no objections. 80 ORDERED. Approval -- Lease Application -- Airport Terminal, Space 21/Roger & Linda Petrey, d/b/a Wings Airport Cafe. Cronkhite reported the applicants were current with all payments to the city. Petrey reported the hours of operation would be 4:30 a.m. to 6:00 p.m., six days a week. On Sunday, espresso products will be available at the restaurant. Cronkhite noted, their lease for the restaurant allows them to sell espresso, gifts, magazines, etc. MOTION: Councilwoman Porter MOVED to apProve the lease application for the Airport Terminal, Space 21 to Roger & Linda Petrey, d/b/a Wings Airport Card. Councilwoman Jackman SECONDED the motion. There were no objections. ORDERED. Approval-- Assignment of Lease -- Lot 3, Block 4, General Aviation Apron/Bob's Pawn, Inc. & W.W. Wilson, III to Russell G. Winger. Graves stated he had no objection to the assignment of lease, noting the business will make aircraft maintenance available at the airport and it was felt, will increase FBO's at the airport. MOTION: Councilwoman Porter MOVED to approve the assignment of lease of Lot 3, Block 4, General Aviation Apron from Bob's Pawn, Inc. & W. W. Wilson, III to Russell G. Winger. Councilman Osborne SECONDED the motion. There were no objections. SO ORDERED. 1-10. 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. Graves reported, when the packet was produced, a balance was owed on Alaskalanes. Since then, the account has been brought current and he recommended approval of the assignments. He added, the applicants are aware the Small Business Administration (SBA) has to approve the assignments and are reviewing the file. KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 19 Graves noted, the assignment will not go through if SBA does not approve it. not impair the city's holding in the property. This will MOTION: Councilwoman Porter MOVED to approve the 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. Councilman Moore SECONDED the motion. There were no objections. 80 ORDERED. ITEM J: REPORT OF THE MAYOR -- Mayor Williams reported the following: · He will not attend the May 7 meeting as he will be giving the graduation address at Kenai Peninsula College. · Student Government Day is scheduled for April 30. · A reception for the Board of regents is scheduled for April 17 at the Challenger Center. · Services for Ruth Lofstedt will be held Friday. · Felt the city should begin a new effort to/'md other forms of economic. development to be located in the city. He suggested having the future VISTA volunteer investigate the possibility of a credit card center located in the area. He suggested holding a work session in the future to discuss the matter further. ITEM K: ADMINISTRATION REPORTS K-1. City Manager-- City Manager Snow reported the following: · The Department Head reports were included in the packet. · An Corps of Engineers bluff project report was distributed to council prior to the meeting. She stated she hoped they would be able to attend one of the city summer meetings. She noted, the appropriation of $185,000 has been requested. Public Works Manager Komelis was asked about Wellhouse No. 4 and he reported an area on Van Antwerp had been tested and found not suitable. A new area will be investigated on Beaver Loop and it is thought this area may be good for a well and better to serve more people and for a water source for firefighting as a hydrant would be made available. K-2. Attorney-- Attorney Graves reported the following: · A source has been found for updating the city code in a researchable PDF format. · The Forest Service will be giving a discussion on May 16 regarding beetle-killed trees. t~NAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 20 K-3. City Clerk -- City Clerk Freas reported a request had been received from Skyview After-Graduation Com__mittee to use the Recreation Center on Wednesday, May 21. Councilman Moore stated he had no objection ff it would not interfere the Kenai Central High School plans. He asked if the agreement with the Boys & Girls Club will al/ow use of the facility for these purposes in the future. Graves noted, the agreement provides for groups to use the facility but not for free. Moore stated hi~ desire to have something in the agreement to allow access for use of the building since there has been a history for high school use of the facility in the past. Council had no objection to the Skyview After-Graduation event to be held at the Recreation Center at no cost. ITEM L: DISCUSSION I,-1. Citizens Roger Shannon -- Stated his concern of HJR 22 bill regarding the USA Patriot Act and read portions of the bill to the audience. He added, the bill discusses opposition to terrorism but on a close review, questions the constitutional rights of United States citizens. He suggested people review it and contact the congressional delegation. Williams requested Graves to review the issue and if appropriate, prepare a resolution in support. Assemblywoman Glick reported the Borough has a resolution to be before them but hopes council reviews the Act closely and makes a recommendation. Graves stated it is a very important issue, but believes some resolutions go too far in support of the Patriot Act. He added, the matter will be determined by the Supreme Court. Glick stated the Assembly's resolution will be amended to better fit into the Borough's policies. She requested Graves to contact her if he has suggestions for amendments. L-2. Council Bookey-- Asked council/administration to contact him regarding issues to be discussed in Juneau. Swarner -- Congratulated Osbome and stated she would be out of town from May 14-21. Moore -- Congratulated Osborne. Porter-- Congratulated Osborne. Osborne -- Thanked council for their support and the appointment. thanked the other candidates for participating. He also ~NAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 21 Jaekman 'Congratulated Osborne. Williams -- Reminded council and audience of the volunteer reception on Friday from 6-8:00 p.m. at the Senior Center. Williams also congratulated Osborne and thanked the other candidates for their participation. EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 10:40 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 14, 2003 KENAI CITY COUNCIL CHAMBERS 6:00 P.M. Council Present: Staff Present: Williams, Bookey, Moore, Jackman, Swamer and Porter (arrived at 6:20 p.m.) Freas, Snow, Semmens, Graves, Kopp, Jankowska, Feltman, Lawson, Padilla, Kebschull, La Shot, Walden, Cole, Dye, Wichman, Komelis, Wannamaker, Craig, and Howard. The work session began at approximately 6:10 p.m. with Vice Mayor Bookey reviewing the activities of the April 7 work session. He noted, at the work session an overview of the budget was presented by City Manager Snow and Finance Director Semmens. Also, a lengthy discussion took place with the council, Parks & Recreation Commission, and members of the Boys & Girls Club Board of Directors in regard to their proposal to acquire the recreation responsibilities of the city. Bookey noted, testimony given by members of the public cautioned the council to take their time in making this decision and the major concern voiced was the lack of ability of the Club to take on adult programs. Bookey also noted, the city attorney was formulating an agreement for council, the Club, and the Parks & Recreation Commission to review as a beginning point. Snow reported the Club held a board meeting at which they discussed the proposal; she was unaware if there was a vote, but knew they had a really good discussion and are anxious to see the draft agreement. Administration was requested to make the draft agreement available to the public as well. The discussion continued in which it was noted, members of the council were doubt~l all the information involved in the Club acquisition would be available prior to the end of the budget hearings. Semmens stated he was optimistic, if there are no deal stoppers, the agreement would be ready by July 1. He noted, the draft agreement is based on working agreements from other communities. Swamer requested a listing of Clubs are receiving monetary compensation from a municipality. She added, she was not interested in compensating the Club and feels there are too many unanswered questions. Bookey stated he wanted to continue through the budget hearings without the Club's participation in the budget. Williams stated he didn't know if it was appropriate to tamper with the community structure for the $85,000 it takes to run the recreation program. He added, he wanted to see more information and the agreement and emphasized the importance of the community being assured the city is not giving away the building or the program. Moore noted, cutting $85,000 would cut the organized programs at the Center, i.e. adult basketball and some wallyball and racquetball tournaments. KENAI CITY COUNCIL WORK SESSION APRIL 14, 2003 PAGE 2 Clerk Department: Clerk Freas presented an overview of suggested changes to her budget based on cutting commission/Committee meetings to six a year and holding them on a bi-monthly schedule, except Beautification which would be held for four to five consecutive months, January through May. Freas noted Planning & Zoning had not been included in this proposition. Because Freas attends the Council on Aging meetings, she did not include that group in the bi-monthly meetings. Freas continued, if council chose to delete her department assistant, she proposed the meetings be held bi-monthly, as presented, and the department head/representative attending the meeting would be responsible for taping the meeting, indicating attendance, motions and votes, who spoke in favor or objected to a topic, etc., and the notes would be inputted and presented as summary notes. Freas requested $2,000 be added back into her Professional Services budget to cover the cost of a contract secretary to attend Planning & Zoning Commission meetings and prepare minutes. Freas also noted, code revisions would be required and would include the ability for a commission/committee to request additional meetings if necessary. Williams stated he didn't want people to think the city was trying to keep the public away from government in cutting the number of meetings, etc. Bookey stated he wanted the commissions/committees to have some input in the process. Council reviewed the remainder of the Clerk budget. Swarner asked if all departments had travel cut as was this budget. It was explained, each department was different. Some departments have instances in which certificates need to be updated and attendance to seminars, etc. are required in order to update. Swarner stated she thought the process should be fair. DI~ION: Add $2,000 into the Professional Services of Clerk's budget; go forward with cutting the number of meetings for commissions/committees except Planning ~ Zoning; cut Council on Aging meetings to bi-monthly as well; go forward wit~ taping meeting~ and preparation of summa~r 'notes as presented; and keep tapes of commission/committee meetings for two years. Leeislative Budget: Freas reviewed changes made to the Legislative Budget, indicating cuts made, including donations and recommendations for number of members attending AML and NLC conferences, etc. Williams suggested his and council's rate of compensation be adjusted by $100 and Bookey suggested $150-200. Freas also noted, she had recommended cutting the city newsletter to two printings a year. Council discussed the issue briefly and felt, though it had been a successful project, to cut all printings at this time. Council requested the last printing to include an article about the curtailment of the newsletter. DIRECTION: Cut funding for newsletter in Printing/h Binding and Postage; write a letter to those groups who ~ no longer receive donations stating fnnding was no longer available for the next fiscal year and if funding becomes available, KENAI CITY COUNCIL WORK SESSION APRIL 14, 2003 PAGE 3 donations may be included in future budgets; adjust council and mayor salaries by $100; delete purchase of city pins. Visitors Center Budget: Ricky Gease, Executive Director of the KVCB reviewed the Center's budget and referred to a new brochure from the Center giving an overview of their funding sources, etc. He noted, $10,000 had been removed from their contract; they are hoping to have certified audits in the future in order to be in a better position to acquire grants; discussed the summer and winter hours they will have due to the cuts; and discussed the constraints they will have if the legislation now before the Legislature is passed. A brief discussion took place and council requested Attorney Graves to write a letter to the area Legislators and the Governor (fax and send hard copy) indicating the city's displeasure with the proposed legislation, as well as the costs to the Visitor Center's budget and ability to conduct their business if the legislation is put into effect. Gease also noted the Center would continue to promote, the city; will be very involved in the Arctic Winter Games preparation, etc.; and, are talking with the Borough in regard to different concepts for raising tax revenues to support tourism on the Peninsula. DIRECTION: No changes. Legal Department: Attorney Graves reviewed the changes to this budget, noting he was recommending a cut in advertising for foreclosures as these will be done every other year; the updating of the Code will be done in-house instead of by contract; only his car allowance and a small amount in miscellaneous travel will be remain in the travel budget; and the code enforcement officer was deleted. A brief discussion followed in which Porter stated her objection to deletion of the enforcement officer, stating it was an inexpensive program and directly reflects on the property values, etc. in the city. Swarner stated she agreed with the statement made by administration: it has been effective, but it is a new program and therefore, the first to go. Bookey stated he also hated to see the program eliminated, but felt a lot of the work could be done in house. Bookey stated he supported the cut. Graves noted, unless there is a field presence, he didn't think the program would be as effective if it is done in house. Williams suggested the program be deleted for the present and if funding does come available in the future months, council could consider replacing the program at that time. Bookey agreed. Swarner stated she wanted administration to try to do the program in house and Graves stated they would do as much as can be done with the available resources. DIRECTION: No changes. KEN~ CITY COUNCIL WORK SESSION APRIL 14, 2003 PAGE 4 City Manager Department: City manager Snow reviewed the changes to her budget, noting reductions and cuts in communications, travel and transportation, etc. DIRECTION: No changes. Land: Snow reviewed this budget and nOted there was an increase in the advertising to cover land sales in Inlet Woods. DIRECTION: No changes. BREAK TAKEN: 7:44 P.M. BACK TO ORDER: 7:56 P.M. Finance Department: Finance Director Semmens reviewed changes to his budget, noting the receptionist position hours were cut 15 hours and those hours were added to the Planning & Zoning Department Assistant, making that position full time. He added, in the General Fund budget, this would not show any increase or decrease. Se_m_mens also noted, though there were no funds in his budget for out-of-state conferences, there were funds included to participate in some in-state conferences/trips. A discussion followed in regard to purchase of new computers in the city. Semmens had explained funds were included in his budget to purchase one new computer with the replaced computer going to another department. Semmens also discussed the network/server situation with the council. DIRECTON: No changes. Non-Departmental Budget: Semmens reviewed this budget noting the increases for insurance coverage and the deletion of transfers for debt service as they wouldn't be needed this year and the transfer to the dock fund will no longer be done. DIRECTION: No changes. Library Department: Director Jankowska reviewed her department budget, noting two part-time positions were eliminated and with those job cuts, the library would have to be closed two days a week. Also, she expressed concern the main library server had received an "end of life" notice from IBM. dankowska also reported a raiae in professional services to handle computer configuration, dankowska also explained her budget reflects requirements of state grants to have the facility open on Saturdays or the grant will be lost. In continuing the review, dankowska reported the travel budget was cut and no funds were included for her employees to acquire training. · A discussion followed as to the merits of charging of a fee for non-resident library users. KEN~ CITY COUNCIL WORK SESSION APRIL 14, 2003 PAGE 5 /Iai Mattero -- Kenai resident and President of the Friends of the Library. Mattero stated he knew of lots of reasons to continue the library program as it is currently. He noted, residents had come to rely on the library for computer use, research for school children, etc. He added, he could not give an economic reason not to cut this budget other than it was the fight thing to do. Mattero added, the Friends would meet and see what it can do to generate more income through donations, etc. He continued, he understood the city's position, however it is a known fact, in economic hardship, libraries are used most and it is a safe place for children. Megan O'Neil -- Kenai resident and member of the Friends Board of Directors. O~leil noted, the city is in dire straits, however the school district is in worse shape and the school libraries may not be available for their students' use. She emphasized the need for the library to be available ff the school libraries are not and that she would support a mill rate to help cover costs. O~leil added, she would like the return of $15,000 in this budget for one of the employee poSitions to enable the library to stay open six days a week. She noted, the Kenai Library is the best one on the Peninsula and it could be destroyed in a year. Emily DeForest -- DeForest urged the funding for one of the two deleted positions. In spealdng with library users, she learned the library is used for more than the procurement/reading of books, i.e. supervised family visits, homeschoolers, reading books, using computers, etc. DeForest added, the Friends and patrons donated 1,655 books in the last year, equaling $29,000 which are assets to the city. DeForest again urged funding for one of the positions in order to keep the library open six days. Joan Bennett-Schrader-- Box 1265 Kenai, Ridgeway resident. Schrader stated she was disturbed two positions would be lost and her concern it was a health and safety issue there are two people worldng at the same time. Schrader added, she would not object to purchasing a library card, however there are those living outside the city who cannot afford to do so. She noted, she will do everything she can to help, but the "hammer stops with the council." Jim Evenson -- Nikiski. Evenson stated he understood the issue of looking at the budget in dollar and cents, however he was optimistic funding could come available. He added, nothing adds to the quality of the city more than the library. Evenson added, the library brings peOple to Kenai and they then spend money in the city. He urged, if a miracle happens and funds become available, think of the library. Williams suggested to cut the amount of funds included in the budget for books {$32,000) in half and use $16,000 to fund a part-time position and cut back on the amount of books purchased. If funds become available later in the year, funds might be able to be replaced. Swamer agreed with Williams' suggestion. Porter stated she would like a fee charged for non-residents. Jankowska stated she felt using the $16,000 to fund a position was better than charging for library cards. KENAI CITY COUNCIL WORK SESSION APRIL 14, 2003 PAGE 6 Porter asked if there was a consensus of council to request the Library CommiSsion to explore charging a fee for non-city residents. Council had no objections. Bob Molloy -- Kenai resident. Suggested charging a flat intemet fee. He noted he had visited a library in Massachusetts where a fiat fee was charged and there was no time limitation. He said that program was very successful. Bookey stated he supported the moving of $16,000 from books to fund an employee position as Semmens stated the $16,000 would be the total cost for ~vages and benefits. Phil Sonnichsen -- Non-resident and member of the Friends. Sonnichsen stated she volunteers at the library and will work through the Friends to increase the book budget. In regard to charging a fee for computer users, she felt those people needing to use the computers are those who cannot afford their own computer. She added, she would really regret if a fee would be charged. Bob Peters -- Old Town, Kenai. Peters suggested the city create their own miracle by raising the mill. rate. He added, people want city services, f'a'e and police protection and library which he believes are esaential. Peters stated, he had the feeling council didn't want to take the chance of losing votes by increasing the mill rate. In speaking with members of the community, he has not heard anyone say they would not pay a mi!! rate increase, though they may not be happy about it. Peters stated he believed the mill rate should be raised several points. A discussion followed in regard to raising the mi!! rate and the amounts of revenue each point would produce. Adjournment: Semmens reviewed the different changes made during the discussions; Clerk (add $2,000), Legislative (delete $12,724) and Library (move $16,000 from books to salaries/benefitsl equaling $10,724 subtracted from the General Fund. Porter urged people to buy locally and Williams urged the need to find something to diversity the economy -- the people need to decide what the future will be for the community. The work session ended at approximately 9'36 p.m. Notes transcribed and prepared by: Carol L. Freas, City Clerk I~NAI CITY COUNCIL BUDGET WORK SESSION APRIL 15, 2003 6:00 P.M. I~NAI CITY COUNCIL CHAMBERS Council present: Staff present: Williams, Bookey, Moore, dackman, Swamer, and Porter Freas, Snow, Semmens, Graves, Jankowska, Craig, La Shot, Kebschull, Wannamaker, Kopp, Frates, Komelis, Baisden, Walden, Cole, Dye, Echtemach, Hoagland Fire Department: Chief Walden offered an overview of the department budget and noted it had been reduced by $14,000 from when it was first submitted to the city manager for review, i.e. a portion of overtime will be charged to the airport for shift coverage at the new building and a significant cut was made in Maintenance & Operations by eliminating the small tools budget. Walden added, an appropriation may need to be made later if necessary, but currently, the equipment was in good shape. Walden also explained, some areas were not touched if the funds were to be used in regard to training, compliance and safety. He also noted an error at 2026' the total should be $1,800 less. A general discussion followed wherein comments included a desire to cut additional funds from travel. Explanations were offered as to the need of attending meetings/conferences, small tools grant funds availability, etc. Walden also noted the ambulance fees had not been raised since they originated in 1993. He added, they are aware through a statewide survey, Kenai's fees are on the high end of the median. Williams asked ff it was possible to review the last five years of performance standards that have been made in the department and eliminate those that are not essential. Walden explained all had been unfounded mandates, i.e. car safety checks, seat belt checks, CPR training for city employees, etc. He added, none of the standards implemented in the last five years had a cost associated t° them. Walden noted, the last ISO rating was in the mid-90's and the city was down-graded for water system, tanker and communications. Since all these areas had been improved he believed a retest should be done in the next few years. Swamer and Porter suggested additional momes be eliminated from the Fire Department travel budget since other departments had been cut more deeply in this budget. Findings: at $3001. Review the ambulance fee schedule and change 2026 to -1,800 (leave No change to travel budget. Police Department: Chief Kopp reported it had been a year of transition with retirements, new hires, etc. The Department will continue their mission to protect the KENAI CITY COUNCIL WORK SESSION APRIL 15, 2003 PAGE 2 community. A copy of the Department's Annual Report was distributed to council for their review. Kopp reviewed the budget information included in the report, noting the cuts and impacts to the department. He also indicated the dipnet fishery would be covered with seasonal enforcement officers. Findings: No changes. Communications: Kopp again referred to the information included in the Annual RePort and reviewed it with council. He noted, the largest cut would be in microfilming, reader and Dictaphone repair due to use of Laserfiche software. A possibility of requesting funds from contingency could be made. Transportation was increased by $2,500 through a transfer from Airport. It was noted, due to increased security at the airport, attention by the KPD will be required. Findings: No changes. Animal Control: Kopp reviewed the Animal Control budget, noting decreases to Maintenance & Operation, Small Tools, Operating Repair Supplies. The biggest impact will be a decrease in vaccinations and based on a decrease in diseased animals and a five-year average. The budget edso includes travel for one training seminar/conference for both the officers due to the stress involved in the positions, the fact they are on duty 24/7 (with standby), need to updated in national concerns, techniques, etc. Findings: No changes. BRF_,AK TAKIgN: 7:26 P.M. BACK TO ORDER: 7:38 P.M. Recreation: Bob Frates, Parks & Recreation Director, reported the budget reflects the implementation of the Boys & Girls Club proposal and its associated costs. If the proposal is not accepted by either the Club or the council, $87,000 will still have to be removed from the budget. Frates noted, costs for the implementation of the proposal would still include a $125,000 maintenance agreement. Cuts were made in the multipurpose facility budget by eliminating April and September ice; the ice maintenance agreement will be based on 78 hours/week instead of 92; the budget still provides for port-a-potties, etc. and services for the Nordic ski trails. During the discussion it was also noted contact had been made with HEA in regard to the electricity costs and requesting a rate discount. Councilman Moore stated he would like this concern as a priority. Findings: No changes. ~NAI CITY COUNCIL WORK SESSION APRIL 15, 2003 PAGE 3 Parks' Frates reviewed the Parks budget and noted there was a decrease in salaries and benefits due to the layoffs anticipated with the acceptance of the Boys & Girls Club proposal. There are funds included in the Small Tools budget to purchase a split seeder and enough funds were left in the for him to attended the state conference. Findings: No changes. Beautification: Frates reviewed the budget information and noted one-half the cost for the split seeder would be borne by this budget and funds were included for surveying at the cemetery to add availability of plots. A brief discussion followed in regard to increasing the size of the cemetery by moving the airport runway north and requesting FAA for two to three acres that will no longer be needed for the runway. Discussion also took place in regard to watering in the. downtown area. It was noted: Frates works with organizations, i.e. PRISM, KVCB, Chamber of Commerce, etc. for them to help with watering their grounds when they can. · Costs for placing an irrigation system at the Memorial Park would cost approximately $30,000. · Funds were included in the budget to contract with an outside source for evening, early morning, and weekend watering. · Councilwoman Swamer would prefer increasing funds for personnel than for watering. · This item could be readdressed if funds become available or ii the summer weather is dangerously dry. · The availability of plaque spaces at Memorial Park is down to a few, though there are still spaces available for rock memorials and the department is working toward developing an "adopt-a-bench" program. Findings: No changes. Recreation Center Operation Discussion: City Manager Snow reviewed actions taken place in regard to the proposal for Boys & Girls Club to assume the recreation program at the Center. She noted, · A specific group was contacted to provide the program due to their experience with these types of programs. · The Club provided a letter of interest which was forwarded to the council members and commissioners. The Club's letter of interest was discussed at the April 7 budget work session and public input was received. · Club board representatives gave a presentation at the April 7 work session which was followed by a good discussion between the representatives, council and public. ~NAI CITY COUNCIL WO~ SESSION APRIL 15, 2003 PAGE 4 · Council requested a draft memorandum of agreement be prepared by City Attorney Graves. · An internal working document was in hand and she and other administration personnel would meet with representatives of the Club in hopes to finalize the draft for council, commissioners and the public to review. · If possible, the draft memorandum of agreement may be able to be placed on the city's website, along with an explanation of the document. Williams noted, the Club's assuming the recreation program will save the city $87,000; if the Club does not assume the program, $110,000 in cuts will take place at the Center; the city is not giving anything away, i.e. this would be a partnership relationship and the hope is to enhance the current program. Public comments were taken: Karen Kester, President of Peninsula Offers Baseball-- Referring to comments made at thc April 14 budget session, Kester stated the Oilers would not be returning the field to the City until the lease ends. The City doesn't pay for maintenance of the Offers facility; the value of the facility is approximately $357,000 with the new improvements; thc Offers couldn't operate the facility without the city's support; and gaming or not, they will be using the facility until the lease expires, Williams requested a copy of a letter prepared by Attorney Graves be made available to Kester as well as other non-profits. A brief discussion took place in regard to gaming concerns and its effect on programs of non-profits. Kester stated the non-profit organizations would be hurt more than the Offers. Kristine Schmidt, 513 Ash, Kenai -- Schmidt's comments included: · Privatization to a private sector club is a major change of policy and deserves more public input. · Differences between private and clubs -- a private club can have exclusions. · People in the community would like to help develop alternatives instead of gutting the city program, i.e. a service area, RFP, cooperative agreement with the Borough to provide services; dose newer city facilities which serve only a small portion of the community (multipurpose facility); brown grass instead of laying off four people. · She is very much opposed to the proposal, no matter how it is considered; it is privatization of the program and there is no guarantee members of the public won't be turned away. Williams stated the agreement would be made available to Schmidt. Williams commented on Schmidt's comments' KENAI CITY COUNCIL WORK SESSION APRIL 15, 2003 PAGE 5 · The city would not have to create a service area in the budget if council feels strongly and the community voices their concern the council should continue the program. · Whether it would be allowable for the city to set up a service area would have to be investigated by the city attorney. · The city might be able to develop a cooperative agreement with the borough, however the city is a home-rule municipality and it would be working with a second class borough. He is not sure the relationship would be something that would be workable. The city is cutting back two months of ice at the ice rink and there are many users of the facility other than hockey. · In regard to cutting back on beautification of the community, he didn't want to return to what the city looked like 35 years ago. · Past programs offered at the Center received complaints because it was felt the Center's programs were unfair competition for private sector programs. Williams added, he was concerned that if the city retained the recreation program, $110,000 would have to be either cut or the mi!! rate would have to be increased by two, or take the money out of the bank and increase the deficit. He added, he didn't want to raise the mill rate this year more than 1.5 because it may need to be raised again next year. The question is to save $87,000 or cut $110,000. · Jan Eehternach, 37070 Even Lane, Kenai-- Noted the workers at the Center are the lowest paid on the city's payroll and in that, it saves the city. She added: · They do all their own custodial work (including cleaning carpets, etc.)and suggested additional savings to the city would be for other departments to clean their own facilities. · Fees were raised in October for the first time in the seven years she worked there and suggested another review of the fees. · Implement new programs. · Give them a year to do something to change the dilemma. · Reviewed recent new programs at the Center (wallyball scramble, pick-up ball, etc.) Suggested fees be charged for those now using the facility and not paying {senior line dancing, Boys & Girls Club, etc.) The Center is busier now than in the seven years she has worked there. She was told in the past they are there to provide a service and not to make money. Now it's about the money which should have been addressed years ago to cover costs of the facility. · The Boys & Girls Club programs are for teens and the teens won't want the programs. They don't want to have to participate and want a place to hang out and the Center is a safe place. KENAI CITY COUNCIL WORK SESSION APRIL 15, 2003 PAGE 6 Williams noted, until this year, the city didn't need to be concerned about fees. However, the areas creating the crises this year were insurance rates, PERS increases, Kmart closing and interest rates dying. He challenged the group to bring him a list of constituents (qualified registered voters of the city) who will have no objection to a two mill increase this year instead of a 1.5. A brief discussion followed regarding the Club currently paying rent for use of the Center for their indoor soccer program. It was learned they pay for Tuesday and Thursday and it has free use on Saturdays for two hours. Bob Molloy, City Resident -- Stated he agrees with other speakers and noted' Thinks the proposal is going way too fast. The original proposal was very vague. Thinks it is bad public policy to contract with a private clube to operate · · · the facility. it. Would be better to get a broader rage of other private operators to bid on Been a supporter of adult groups at the Center. · Believes in user fees and thinks more revenues could be generated if the city does it in-house. · If more time is given for people to come through the Commission to offer alternatives, he thinks there is money in the budget where the Center could be kept open and it wouldn't run the risk of adults being shut out. Molloy asked for more time and the matter be fo1%varded to the Commission in order for alternatives to be presented in a positive way to keep the Center run under public operators. Paula Hamme!man -- Stated she worked at the Center in the past and uses the Center now. She commented: · She thinks it will be a great loss to the city. · Teens like to make their own choices and they may not want to do organized sports. · She's concerned she will get pushed out of the Center. · The Center is an asset to the city. · Suggested advertising the programs the Center currently has and it may get used more. · Concerned how the facility will be maintained by the Club. Lea Hoagland-- Stated she works at the Center and thinks there are many more things than can be done there, i.e. charge the teens to use the Teen Center, charge a dollar to use the gym. She works there on Sunday and there are only kids using the KENAI CITY COUNCIL WORK SESSION APRIL 15, 20O3 PAGE 7 facility. She added, it didn't make sense to her to do this. Once the Teen Center is gone the kids using it will be out on the streets and she was concerned for their safety. Williams stated when the Center was built, there were no financial concems. are w/lling to pay for the facility, it could reverse the position. If people Boys/h Girls Club Board Representatives -- Representatives Peter Micciche and Tina Marie Herford offered the follow/n§ information: · They will provide websites with municipal parmerships, who have adult programs, and programs receiving compensation from municipalities in addition to the facility. · They are wanting to make the existing programs better at the Center. The have national programs developed to offer kids/teens. · They are not planning on ceasing the pool program at the Teen Center. · When asked if they planned on cutting the senior citizens participation in line dancing and walking, Micciche stated they were not planning to make a big change and it's about doing what they do best. · As noted earlier, they receive 64% of their funding through federal grants, Councilwoman Porter stated she hoped they could be able to increase those funds. · They are investigating coupling the existing adult program at the Center with the Club programs. They believe they can make the programs offered at the Center substantially better and will look for examples of types of successful partnering, teen and adult programs. · Herford noted, Mt. View in Anchorage received compensation for community programs, including teen programs. The compensation was determined by the additional costs they would have to incur to keep providing the current programs. Some partnerships may not have community programs. Councilwoman Swamer requested the draft Memorandum of Agreement be placed on the city's website as soon as possible. Miccicihe requested any additional questions be forwarded to them before the meetings in order for them to better research and be ready for answering. Adioumment: Two additional work sessions were set to review the remaining budgets. The work sessions were set for Monday, April 28, beginning at 6'00 p.m. and Tuesday, April 29, beginning at 6'00 p.m. Williams reminded council and the attendees of the following: KENAI CITY COUNCIL WORK sEsSION APRIL 15, 2003 PAGE 8 · Senator Lisa Murkowski will visit Kenai City Hall at 10'00 a.m. on April 16 and will be the featured speaker at the Kenai Chamber Luncheon. A reception will be held for the UAA Board of Regents at the Challenger Center at 6:00 p.m., April 16. He and some administration will meet on Monday at 11:00 a.m. with staff of Congressman Young's in the Clerk's Conference Room. · He visited the new dental clinic in Kenai and was very impressed. The work session adjourned at approximately 9:23 p.m. Notes prepared by: Carol L. Freas, City Clerk Z Z 0 0 tv, z 0 0 0 0 0 0 0 Z ~ (.:3 Z Z z z u.I < 0 - o ~o ~ 13% -- LU r~ __. _ z _ o -- W ~ r~ LIJ Z Z o o Z Z Z LIJ I-- Z 0 "r' 0 Z o o w LI.I Z Z w I-- I-- o o o Z ILl Z Z Ltl >1- O0 o o o Z Z n~ r~ LLI LLI O0 o o (o o o o ILl r~ 0 Z Z r~ Z 0 0 0 o n~ r~ 0 ILl Z I--- ILl TO: John Williams FROM: Future Problem Solvers RE: Donation DATE' April 2:4, 2_00:3 Dear John Williams, We are the Nikiski Future problem solving team. Future Problem Solving (FPS) is a youth academic competition held all over the country/world. In this program students learn how to effectively analyze problems, find solutions and formulate a plan to put the solutions into effect. Not only does this teach students an effective and practical method to map out a problem and find solutions, but students are given valuable lifelong problem solving tools to take with them into their own futures. This year is our third year competing, and not only did we make it to the state competition, but we won! The next step is to attend the International FPS competition in Hartford Connecticut. Teams from around the world including representatives from Thailand, Australia, and New .Zealand will be competing for the championship from June 5-8. Winning first place in the intermediate competition for our state was very exciting and we are very well prepared to compete in Internationals, however we still need to raise the money for plane tickets, room and board and other necessities and we only have a month in which to raise these funds. We are contacting you because we are seeking donations to help us raise money to get to Internationals. We would very much a~preciate it if you would help us in our efforts. In return for your help, you will be thanked in the local newspaper as well as any radio interviews. Also, our team would like to help you by doing any misc. jobs you need to have done, yard work etc. Please consider helpin~ us by donating to our Future Problem Solvin~ Team and helping us reach our goal of $4500. Thank you for your time. Sincerely, Nikiski Future Problem Solvers # 776-8428, ask for Tatiana or Debbie' Please send cash donations to "FPS team" Cathleen Rolph, Nikiski High School, PO box 7112 Nikiski, AK 99635 April 22, 2003 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Alaska Commission on Aging P.O. Box 110209 Juneau, AK 99811-0209 IVUT~TION TRANSPORTATION SERWCE$ GRANT-- LE~ER OF SUPPORT This letter is written in support of the Kenai Senior Center and the programs it has available to the many seniors in our community. For this letter, we specifically encourage your approval of the Center's application for the Nutrition Transportation Services (NTS) Grant. The NTS grant is one of the Center's main funding sources for its home and congregate meal programs. Without these funds, the semors aided through this program, because they are not on any other state program, would not receive what could be their only nutritionally-balanced meal during the day. This program also allows the Center's' home-meal clients to stay at home in their own environment and maintain their independence as long as possible, as well as assists in transportation, outreach, information and assistance. Again, the Kenai City Council and Administration whole-heartedly supports the efforts of the Kenai Senior Center in their mission to offer life-sustaining programs for our community's seniors. The Nutrition Transportation Services Grant, the meals, transportation, information and assistance it provides, is imperative to our Center's operation. We urge your support of the Kenai Senior Center and the seniors through the programs the Center offers. CITY OF KENAI ?.o ~viaFor JJW/clf CITY OF KENAI "0il Capital of Alaska" 210 FID^LGO AVE., SUITE 200 KEN^I, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 April 24, 2003 Senator Tom Wagoner State Capitol, Room 427 Juneau, AK 99801 Subject: SB 136 Dear Senator Wagoner: The critical issue in SB 136 is who is going to pay to support local government. Cleady and unequivocally, this bill allows a municipality to shift.the burden from the homeowners to the business owners. The only justification for this type of shift occurs when there is a large amount of oil production property (AS 43.56) and the local mill rate is less than 20 mills. Since oil property is taxed at 20 mills regardless of the local tax rate, the oil companies are unconcerned about the local mill rate. In the Kenai Peninsula Borough, residents would see a benefit from the exemption and the owners of oil production property would still pay the same 20 mills. Agdum (the Bomugh's second largest taxpayer) on the other hand would see an increase in their tax if the Borough raised the mill 'rate to cover the loss in revenue from the exemption. If this increase doesn't come until next year or later the effect is still the same, business will eventually pay more. Even if no mill rate increase occurs, business still shoulders a larger sham of the burden even though taxes in total are reduced. The Kenai Peninsula Borough is in the enviable position of having more fund balance than their policy allows. They can reduce fund balance only by spending more than they take in, so either they have to spend more or reduce revenue. Mayor Bagley wants to reduce revenue, which can be done by lowering the mill rate or increasing residency exemptions. Politically, the choice is clear- give the majority of voters a tax reduction by increasing the residency exemption. However, this is not good public policy for several reasons' 1. It furthers the notion that in this State we get government services for nothing. Someone else pays for it. In this case it will be the business owners. 2. It puts cities, particularly those that are having financial difficulties (and who isn't?), in a bind. If a borough adopts the exemption cities will come under intense political pressure to follow suit. This will come from homeowners and . developers who own residential property in the city. Again local businesses, which have no exemptions, will bear the bulk of the cost of the mill rate increase needed to cover the cost of the exemption. The State of Alaska's rural loan program is causing residential development to occur outside of cities due to the interest rate and other program advantages. On a $130,000 house, the benefit is about $1,200 per year. If a city does not adopt the increased residency exemption, it provides additional incentive to locate outside of the city. The Borough doesn't care; they get the same tax from a residence outside a city as in. The City of Kenai is not the only municipality that is concerned about this exemption. The Alaska Government Finance Officers Association recently .met in Homer and passed resolutions against several bills the legislature is considering, including SB 136. There was representation from ali over the State, including four of the five Kenai Peninsula cities, Valdez, Fairbanks, Dillingham, Bethel, North Slope Borough and others. The vote was 24-- 2 with those two coming from employees of the Kenai Peninsula Borough. As you know, currently none of the cities in this borough allow a residency exemption. City residents don't care about the exemption much because in Kenai the value of a $10,000 exemption is $35. However, when the value of the exemption rises to $250 or more depending on the city mill rate, homeowners will be very interested in getting this exemption. Tom, I have to wonder if you would have sponsored this bill if you knew then what you know now. I doubt it. It is too bad that all of this did not come out prior to introduction, but we are where we are and the City of Kenai has to oppose the bill- we simply cannot afford the lost revenue and you know that businesses in Kenai cannot bear the burden of paying for this. Sincerely, Ua~/or Copies sent to: Representatives Chenault and Wolf Mayors' City of Homer City of Soldotna City of Seward City of Seldovia City of Kachemak City of Valdez City of Fairbanks City of Dillingham City of Bethel North Slope Borough KPB Assembly President Sprague KPB Mayor Bagley Assemblywoman Glick Mayor-Elect Mark Begich Kern Ritchie, AML Peninsula Clarion Anchorage Daily News RESOLUTION OF THE KENAI PENINSULA BOROUGH Introduced by: Date' Action: Vote: 04/15/03 KENAI PENINSULA BOROUGH RESOLUTION 2003-043 (MERKES) SUBSTITUTE A RESOLUTION TO ESTABLISH KENAI PENINSULA BOROUGH POLICY WITH RESPECT TO FEDERAL ANTI-TERRORISM ACTS, LEGISLATION, AND ORDERS , WHEREAS, the Kenai Peninsula Borough denounces terrorism, and appreciates and supports those who defend us from terrorism and terrorist attacks, the men and women serving in our armed forces, federal, state and local law enforcement officers, firefighters, and health service professionals; and WHEREAS, the Kenai Peninsula Borough recognizes its diverse population, including citizens of other nations, whose many and valued contributions to the community are vital to its character and function; and WHEREAS, the Kenai Peninsula Borough avows and is sworn to the full protection of the civil fights and civil liberties for all people as expressed in both the Alaska State Constitution and the United States Constitution, which so many have made grave sacrifices to initiate and protect; and WHEREAS, the First Amendment to the United States Constitution states Congress shall make no law, respecting an establishment of religion or prohibiting the free exercise thereof, or to abridge the freedom of speech or the press, or of the fight of the people to peaceably assemble and to petition the Government for a redress of grievances; and WHEREAS, the Fourth Amendment states the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, and shall not be violated. That no warrants shall be issued, but upon probable cause, supported by oath, or affirmation and particularly describing the place to be searched, and the persons or things to be seized; and ,WHEREAS, the Fifth Amendment states, in part, that no person shall be compelled in any criminal case to be a wimess against himself, nor be deprived of life, liberty, or property, without due process of the law; and WHEREAS, the Sixth Amendment states, in part, that defendants are guaranteed the right to a speedy and public trial by an impartial jury, to be informed of the nature and cause of the accusation and to be confronted with the wimesses against him, and the fight to have the assistance of counsel for his defense; and WHEREAS, the Eighth Amendment states excessive bail shall not be required, nor excessive fines be imposed, nor creel and unusual punishments be inflicted; and WHEREAS, the Fourteenth Amendment states all persons bom Or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;.nor shall any state deprive any person of life, liberty, or property without due process of http://www.b~r~ugh.kenai.ak.us/Assemb~yC~erk/Assemb~y/Res~~uti~ns/2~~3/R2~~3-~43 su... 5/1/2003 RESOLUTION OF THE KENAI PENINS~A BOROUGH Page 2 of 3 law; nor deny to any person within its jurisdiction the equal protection of the laws; and WHEREAS, in response to the terrorist attacks of September 11,2001, the United States Congress passed the 'Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001', the 'Homeland Security Act of 2002', and may soon role on the United States Justice Department's Draft 'Domestic Security Enhancement Act of 2003; and WHEREAS, due to the extraordinary events of September 11,2001 and the press of time, various Presidential Executive Orders, the USA PATRIOT Act, and the Homeland Security Act have not received the level of scrutiny that Presidential Orders and Acts of Congress deserve; and WHEREAS, the USA PATRIOT Act at Section 412 authorizes the indef'mite incarceration or deportation of non-citizens, suspected terrorists, and the Immigration and Nationality Act is amended by authorizing the incarceration or deportation of non-citizen suspected terrorists if the alien is certified under Section 3-A or B as a suspected terrorist; and WHEREAS, the USA PATRIOT Act at Section 216 reduces judicial supervision and civil liberties protections relevant to an ongoing criminal investigation related to the use of devices which identify the caller, routing, and recipient of telephone and intemet communications; and WHEREAS, the USA PATRIOT Act at Section 215, 218, 219, 358, 507, and 508 provide that. law enforcement and intelligence agencies may make application for an order for broader access to medical, mental health, library, business, financial, educational, and other records about individuals for an investigation to protect against international terrorism or clandestine intelligence activities; and WHEREAS, the United States Justice Department proposes to enact the Draft Domestic Security Enhancement Act of 2003, which together with the aforementioned Acts and Presidential Orders, could further remove, suspend, or repress freedoms granted in the United States Constitution and the Bill of Rights; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. Affirmations. A. The Kenai Peninsula Borough affirms its strong opposition to terrorism, and also strongly affmns that efforts to end terrorism should not be waged at the expense of the fundamental civil rights and liberties of the people of the Kenai Peninsula Borough, the United States, and the world. B. The Kenai Peninsula Borough affirms the fight of all people living within the United States to be treated in accordance with the full protections granted in the United States Constitution and the Alaska State Constitution. C. The Kenai Peninsula Borough strongly affirms that the fights of all people shall not be abridged due to race, ethnicity, country of origin, or association as granted in the United States Constitution and the Alaska State Constitution. SECTION 2. Action Items. A. The Kenai Peninsula Borough respectfully requests the President of the United States, the United http ://www.borough.kenai.ak.us/AssemblyClerk/Assembly~esolutions/2003/R2003-043 su... 5/1/2003 RESOLUTION OF THE KENAI PENINSULA BOROUGH Page 3 of 3 States Attorney General, the Director of Homeland Security, and the United States Congress .formally review, and as necessary amend various Presidential Executive Orders, the USA PATRIOT Act, the Homeland Security Act, and the Draft Domestic Security Enhancement Act of 2003 to ensure that they are consistent with constitutionally protected civil fights and fundamental civil liberties. B. The Kenai Peninsula Borough recognizes that its administrative officers, librarians, school officials, borough health workers, and other employees may receive requests for information under provisions of the USA PATRIOT Act, the Homeland Security Act, various Executive Orders, and the proposed Domestic Security Enhancement Act and encourages Kenai Peninsula Borough employees to consult with the borough Attorney's office conceming the propriety of divulging requested information. C. The Borough Attorney's office is directed to instruct Kenai Peninsula Borough employees and make them aware of their fights and responsibilities under the United States and Alaska Constitutions in regards to the USA PATRIOT Act, the Homeland Security Act, various Presidential Executive Orders, and the proposed Domestic Security Enhancement Act. D. The Kenai Peninsula Borough Assembly is requested to prepare a report, insofar as its duty of confidentiality permits, whenever knowledge or a complaint of an employee's civil fights or liberties have allegedly been infringed due to actions authorized by the USA PATRIOT Act, the Homeland Security Act, various Presidential Executive Orders, and the proposed Domestic Security Enhancement Act. E. The United States Attorney for the District of Alaska is requested to provide the Kenai Peninsula Borough Assembly with an annual summary of investigations, warrants, orders, subpoenas, and arrests camed out within the Kenai Peninsula Borough under the authority of the USA PATRIOT Act, the Homeland Security Act, various Executive Orders, and the Draft Domestic Security Enhancement Act. The Kenai Peninsula Borough shall make such information available to the public. F. Copies of this resolution of the Kenai Peninsula Borough shall be distributed to the President of the United States, the United States Attorney General, the Director of Homeland Security, the United States Congress, the Alaska State Legislature, the Alaska State Troopers, the United States Attorney for the District of Alaska, and to the various local law enforcement agencies located in the Kenai Peninsula Borough. SECTION 3. This resolution shall be effective immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 15TH DAY OF APRIL, 2003. http://www.b~r~ugh.kenai.ak.us/Assemb~yC~erk/Assemb~y/Res~~uti~ns/2~~3/R2~~3-~43 su... 5/1/2003 Dow Jones Interactive® Publications Library Page 1 of 3 Article 21 of 200 Looser laws aid hunt for terrorists. By EDWARD ALDEN. 03/05/2003 Financial Times- FT.com (c) 2003 Financial Times Limited. All Rights Reserved Viet Dinh, the chief author of the USA Patriot Act, says he often reminds himself of a phrase first used by the Irish Republican Army after it narrowly failed to kill Margaret Thatcher, the British prime minister, by bombing her hotel. "We have to be lucky only once but you will have to be lucky always." But nearly 18 months after the September 11 attacks killed more than 3,000 people, al-Qaeda has yet to get lucky again on US soil. Following the capture in Pakistan last weekend in of Khaled Sheikh Mohammed, al-Qaeda's operations chief, John Ashcroft, the attorney-general, told Congress that al-Qaeda's global efforts to strike at the US might now be critically weakened. The arrest capped a string of smaller victories that included the indictment last month of Sami Amin al-Arian, a Florida professor charged with aiding Palestmian suicide bombers, and charges this week against two Yemenis of funnelling more than $20m (? 18.4m, GBP 12.6m) in US-raised funds to al-Qaeda and Hamas, the radical Palestinian group. Late last Year the US broke a suspected al-Qaeda cell near Buffalo, New York, and another in Portland, Oregon. Mr Dinh, the 35-year-old top legal aide to Mr Ashcroft, says a big reason for those successes is the dismantling of legal and cultural bamers that had long barred co-operation between the agents who spy on suspected terrorists and those who arrest them. The Patriot Act, passed in October 2001, followed by a supportive court ruling last year, have made it much easier for FBI agents to monitor suspected terrorists on US soil and then pass that information on to police and prosecutors. He says that without those changes, the US could not have infiltrated several terrorist cells that "would have been able to plan and carry http://nrstgl s.djnr, com/cgi-bin/DJInteractive?cgi=WEB_ST_STORY&GJANum=8552345... 4/22/2003 Dow Jones Interactive(g) Publications Library Page 2 of 3 out catastrophic attacks". The rewriting of the so-called Foreign Intelligence Surveillance Act, or Fisa, has already been the most significant legacy of the Patriot Act and the one that has caused most concern to the civil liberties lobby, who fear the FBI now has licence to spy on virtually anyone in the US whether or not they are suspected of criminal activity. Under Fisa, first passed by Congress in 1978 after revelations of domestic spying abuses by the FBI, such surveillance was restricted to individuals who were suspected of being agents of a foreign power. In all other cases, the FBI had to show before a regular court that there was "probable cause" a crime had been committed - a much higher standard. But the Patriot Act broke down that bamer, allowing agents to seek Fisa warrants in cases where counter-intelligence is only one of a number of purposes. So far, the changes have not resulted in the explosion of requests for wiretaps that civil libertarians had feared. Last year the FBI made just more than 1,000 Fisa requests, about the same as the previous two years. Emergency requests, however, which allow wiretaps to be established almost immediately, grew to 170, more than double the number in the previous 23-year history of the statute. But the changes to Fisa have made that information much more available to police and prosecutors, reviving several dormant terrorism investigations. Mr al-Arian, who was a University of South Florida engineering professor, had been under FBI investigation since 1995. The indictment handed down last month includes dozens of pages of transcripts from his telephone calls, obtained under Fisa wiretaps, that the government says prove he was a fundraiser for Palestinian Islamic Jihad, a group linked to more than 100 deaths from terrorist attacks in Israel and the West Bank. Before the Patriot Act, that Fisa information was off-limits to law enforcement. A former FBI agent who worked on the case said agents had repeatedly tried to gain access to the wiretap recordings but had been refused by FBI headquarters, making it impossible to assemble a criminal case. "They were like a stone wall about it," he said. But now "reason reigns because of the Patriot Act ". Mr Dinh says that prior to the new law, intelligence agents feared http://nrstgls.djnr, com/cgi-bin/DJInteractive?cgi=WEB ST_STORY&GJANum=8552345... 4/22/2003 Dow Jones Interactive® Publications Library Page 3 of 3 that sharing their information with criminal investigators could jeopardise legal authorisation for counter-intelligence, while criminal agents feared that tainting their investigations with intelligence data could jeopardise prosecutions. Those fears, he said, created "a culture of inhibition". The courts indeed may still frown on some of what has been presented in the recent indictments. The Justice Department was forced to accept a plea bargain last month in the case of Enaam Amaout, a Chicago charity head accused of association with Osama bin Laden, after the court threw out most of the government's evidence. Civil libertarians also worry that Mr Ashcroft is planning a second Patriot Act that they say would further infringe the fights to privacy and free association. But the real pressure on the administration is to be still more aggressive in hunting down terrorists. Aden Specter, the Pennsylvania senator, grilled Robert Mueller, FBI director, this week for being too reluctant to use the new authority granted under Fisa. "I just think something is really fundamentally wrong," he said of the FBI's caution. "And it goes to the most important issue facing · America today, and that is to apprehend terrorists." Copyright Financial Times Limited 2003. All Rights Reserved. Copyright © 2000 Dow Jones & Company, Inc. Ali Rights Reserved. http://nrstgl s.djnr, com/cgi-bin/DJInteractive?cgi=WEB_ST_STORY&GJANum=8552345... 4/22/2003 Dow Jones Interactive® Publications Library Page 1 of 2 Article 27 of 200 Patriot Act allows more secret surveillance 02/11/2003 Gannett News Service (Copyright 2003) WASHINGTON -- As federal authorities seek to increase public vigilance against potential acts of terror, the Justice Department is exercising more of its new surveillance authorities under the Patriot Act. The post-Sept. 11 law gave authorities broader powers to look into areas of American life previously protected from government eyes. Here are some questions and answers to help you understand the law: Question: What is the Patriot Act ? Answer: It is a law enacted after the Sept. 11,2001, terrorist attacks to help Justice Department agencies -- including the FBI and the Immigration and Naturalization Service -- cooperate and enhance their investigative tools to fight terrorism on American soil. Its official title is, "Provide Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 ." Q' When was it enacted? A: A draft of the measure was prepared on Sept. 12, 2001, immediately after the attacks on the World Trade Center and the Pentagon. The final bill,'which incorporated several anti-terrorism measures, was approved by both houses of Congress in October 2001 and signed into law by President Bush on Oct. 26, 2001. Q: What does it do? A: The Patriot Act vastly broadens the federal government's powers to conduct surveillance on American citizens and residents. By altering many existing federal laws, it expands the kinds of information law enforcement officials can demand. It also relaxes roles of the Foreign Intelligence Surveillance Act of 1978, making it easier for the government to secretly wiretap and search private records of individuals without probable cause. The law also allows "roving" wiretaps on any telephone, computer or other http://nrstg 1 s.djnr, com/cgi-b~DJInteractive?cgi=WEB_ST_STORY&GJ~um=8552345... 4/22/2003 Dow Jones Interactive® Publications Library Page 2 of 2 communication device used by the target of the investigation. Q- What new kinds of information can government obtain under the Patriot Act ? A: Law enforcement officials can access e-mail and Intemet accounts; credit card, banking and mutual fund accounts; health and medical records; travel records; college students' academic records, as well as their personal and financial records; public library records and bookstore purchases. Q' Why is it controversial? A: Supporters of the law say it is necessary to help the government fight the war on terrorism. Opponents say it erodes civil liberties and constitutional protections from unreasonable searches and seizures. More than two dozen cities and towns, including Denver and Detroit, have passed resolutions protesting the law's reaches, including some directing local authorities to disregard it. Q' What happens next? A: In addition to increasing secret surveillance under the Patriot Act, Justice Department officials are preparing a follow-up bill to further expand the government's powers beyond those authorized by the current law. They say enhancements are needed, particularly for the domestic war on terrorism. Members of Congress say any new bill will be subject to scrutiny on Capitol Hill and insist that lawmakers be pa~ers in shaping any new legislation. Copyright © 2000 Dow Jones & Company, Inc. All Rights Reserved. http://nrstg~s.djnr.c~rn/cgi~bin/DJ~nteractive?cgi=~EB-ST-ST~RY&GJANum=8552345... 4/22/2003 Dow Jones Interactive(g) Publications Library Page 1 of 4 Article 33 of 200 Civil libertarians fear Patriot Act, but some say changes needed SUSAN ROTH 01/27/2003 Gannett News Service (Copyright 2003) WASHINGTON -- With last week's sweating in of Homeland Security Secretary Tom Ridge, the war on terrorism on U.S. soil takes a more formal direction. But the vast powers of the new department are only creating more concern among citizens who fear that a new law called the Patriot Act has begun a serious erosion of American civil liberties. While many of the law's effects on citizens remain unclear since its use is largely secret, legal experts are certain that various law enforcement authorities have begun surveillance activities that are much more broadly allowed under the act. Backers of the law say surveillance roles needed updating to keep up with new technology used by terrorists and that the government needed new powers to fight a global war on terrorism that was shaped by the Sept. 11 attacks on New York and the Pentagon. In times of war, supporters of the new law believe the balance between national security and civil liberties changes in favor of security. But civil libertarians are concerned because they believe the measure, which passed Congress soon after the Sept. 11 terrorist attacks, went too far in changing that balance and overexpanded the government's access to private information without evidence of a crime. "Even before 9-11 we were fast becoming a fishbowl society, but the changes after 9-11 have accelerated that process," said Jonathan Turley, a law professor at George Washington University who specializes in constitutional and national security law. "The government's argument that the war on terror demands new means just creates an insatiable appetite for power. Citizens have never been subject to greater means of surveillance and arbitrary governmental power than they are today." http://nrstg 1 s.djnr, com/cgi-bin/DJInteractive?cgi=WEB ST_STORY&GJANum=8610437... 4/22/2003 Dow Jones Interactive(g) Publications Library Page 2 of 4 Govemment demands Law enforcement officials can now demand students' academic data from colleges and universities, in addition to personal and financial data. Interact service providers, known as ISPs, can be required to ..report on Interact and e-mail usage by individuals under surveillance. Banks and mutual funds can be required to provide financial information about customers. Government officials can demand health and medical records, and travel records. But the regulation that seems to have hit hardest allows law enforcement to demand records on what books and other materials people are checking out of public libraries and what they are buying from bookstores. Meanwhile, stewards of the information - librarians, college officials, ISPs, banks and doctors - are forbidden from telling patrons they are under surveillance. The American Civil Liberties Union, along with an electronic privacy group and booksellers' and librarians' groups, sued the Justice Department in October to find out how often the FBI has ordered libraries, bookstores and ISPs to turn over information about their patrons, among other things. Two weeks ago, the department provided about 200 pages of documents that were mostly blacked- out, and withheld other documents citing national security concerns. The FBI said it could not access its own computer files. The ACLU is considering pressing the case further. Among legal experts, there is a divergence of opinion on whether people's fears are warranted. Some contend that the Patriot Act represents a dangerous, unnecessary reduction in our civil liberties and increase in the powers of the federal government, and they are urging citizens to lobby their confessional representatives and senators for changes. Others maintain that the new law was clearly targeted to deal with the war on terrorism. They agree that Congress can rein in any excesses of the law and note that some of its provisions end in 2005. "What's impressive is that the attacks on privacy and civil liberties have been so comprehensive and so successful, in literally every area that the government could assert authority it has done so," Turley said. "We have seen the government use powers that have been denounced for decades in the United States," he said, citing the designation of U.S. citizens as "enemy combatants" who were then stripped of all rights. Wartime changes Robert Turner, associate director of the Center for National Security Law at the University of Virginia, defended the changes made by the http://nrstg 1 s.djnr.conffcgi-bin/DJInteractive?cgi=WEB_ST_STORY&GJANum=8610437... 4/22/2003 Dow Jones Interactive® Publications Library Page 3 of 4 Patriot Act. Turner acknowledged that the law may affect people's civil liberties. "But there are some realities that people are missing in this whole debate. When we get into a war setting, some of the roles change and probablY should change," he said. "I'm absolutely certain there must be some excesses in the Patriot Act "Turner said. 9 "It was put together very fast. But I think it has had an effect," he said, citing cases of potential suspects being rounded up by the FBI and Immigration and Naturalization Service. "In the history of this country, I don't think we've ever done any better in times of war than we're doing now." Douglas Kmiec, dean of the Catholic University Law School in Washington, argued that the law was not aimed at average citizens but at people advocating international terrorism. "Its purpose was to address national security," he said. "While federal power can always be misused and one must always be on guard for that, the statute certainly does not have as its intent curtailing the freedoms or activities of citizens not engaged in any of these suspect activities." Kmiec noted that to obtain library or other similar records, law enforcement officers must have a request from the director of the FBI or similar high-ranking official for intelligence information, and they must also get a court order approving that request. Also, the Justice Department is required to report periodically to Congress on the exact number and type of document requests made under the Patriot Act. "Every one of those things must relate to international terrorism or clandestine activities," Kmiec said. None of those reports have been made public to date. In addition, Congress must review many of the provisions that expire in 2005, giving lawmakers a chance to fix sections that went too far or throw out those powers deemed unnecessary, Turner and Kmiec said. Of course, Turley and others who believe Congress has abdicated its authority to the executive branch would like to see changes long before 2005. "I don't begrudge anybody the concern of keeping privacy and national security in balance," Kmiec said. "This is a healthy discussion. We needed to have a discussion about the appropriate level of privacy even if we had never been attacked. My hope is that the average person does not come away believing that everything is perfectly resolved or that everyone is subject to massive invasion. The truth is somewhere in the middle." http://nrstgls.djnr.com/cgi-b~DJInteractive?cgi=WEB ST_STORY&GJANum=8610437... 4/22/2003 Dow Jones Interactive® Publications Library Page 4 of 4 Copyright © 2000 Dow Jones & Company, Inc. All Rights Reserved. http://nrstg 1 s.djnr, com/cgi-bin/DJInteractive?cgi=WEB_ST_STORY&GJANum=8610437... 4/22/2003 Dow Jones Interactive® Publications Library Article 50 of 200 National Desk; Section A Supreme Court Roundup Opponents Lose Challenge to Government's Broader Use of Wiretaps to Fight Terrorism By LINDA GREENHOUSE 03/25/2003 The New York Times Page 12, Column 1 c. 2003 New York Times Company Page 1 of 3 WASHINGTON, March 24 -- An effort by a coalition of civil liberties groups to bring a Supreme Court challenge to the government's use of expanded surveillance authority under a post- Sept. 11 statute failed today. The justices, without comment, refused to permit the groups to file an appeal from a ruling by a special federal appeals court that the USA Patriot Act granted broad new authority to use wiretaps obtained for intelligence operations to prosecute terrorists. The American Civil Liberties Union, the National Association of Criminal Defense Lawyers and two Arab-American groups needed the-court's permission to file their appeal because under the Foreign Intelligence Surveillance Act, the 1978 law that set up a special court system for reviewing intelligence wiretap requests, the government is the only party and only the government can file a Supreme Court appeal. The decision last November by the Foreign Intelligence Surveillance Court of Review, a court composed of three federal judges who ordinarily sit on other federal appeals courts, was the first ruling that court had issued in its 25 years of existence. The review court permitted the A.C.L.U. and the defense lawyers to file briefs as "friends of the court," but the United States was the only party. The case that produced the November ruling was a government appeal of a decision by the lower court in this special system, the Foreign Intelligence Surveillance Act Court, which had rejected the broad interpretation that Attorney General John Ashcroft claimed for the USA Patriot Act. The 11 judges of that court made their ruling in secret last May, with the decision remaining unknown to the public until Congress released it three months later. In their petition to the Supreme Court, the civil liberties union and http ://nrstg 1 s.djnr, com/cgi-bin/DJInteractive?cgi=WEB_ST_STORY&GJANum=823 8974... 4/22/2003 Dow Jones Interactive® Publications Library Page 2 of 3 the other groups told the justices that the important issues coming before these special courts "should not be finally adjudicated by courts that sit in secret, do not ordinarily publish their decisions, and allow only the government to appear before them." The petition argued that the review court had misinterpreted the USA Patriot Act to permit foreign intelligence wiretaps to be used for law enforcement purposes. If that interpretation of the statute was correct, the petition said, then the law itself was unconstitutional under both the First Amendment's guarantee of free speech and the Fourth Amendment's prohibition of unreasonable searches. The other groups joining the petition were the American-Arab Anti- Discrimination Committee and the Arab Community Center for Economic and Social Services. The government did not file a response to the groups' petition. Attorney General Ashcroft said today that he was "pleased the Supreme Court declined to consider a challenge of the government's lawful actions to detect and prevent international terrorism and espionage within our borders." Last November, Mr. Ashcroft declared the review court's decision in the government's favor "a giant step forward" and said it "revolutionizes our ability to investigate terrorists and prosecute terrorist acts." Ann Beeson, the American Civil Liberties Union lawyer who filed the petition, acknowledged that the case had been a long shot but said that it was "very important to keep these issues in the public debate." While defendants who are prosecuted on the basis of intelligence wiretap evidence may be able to challenge the use of the evidence, Ms. Beeson said the civil liberties groups' central concern was for those "innocent targets" who, under the law, may never find out that they had been the object of surveillance. Congress is considering several proposals to bring the activities of the special courts under closer supervision. These were among the other developments at the court today. Car Search Accepting an appeal by the State of Maryland, the court agreed to decide whether the police can arrest all the occupants of a car when a search roms up drugs or contraband for which all the occupants deny responsibility. http://~stgls.djnr.com/cgi-bin/DJInteractive?cgi=WEB_ST_STORY&GJANum=8238974..- 4/22/2003 Dow Jones Interactive® Publications Library Page 3 of 3 Twenty other states joined Maryland's appeal of a 4-to-3 ruling by the Maryland Court of Appeals overturning the conviction of Joseph J. Pringle, a passenger in a car that was stopped for speeding. The officer searched the car after seeing a large roll of bills in the glove compartment that the driver opened to find his registration. Mr. Pringle eventually confessed to ownership of the money and the cocaine that was also found in the car. "Simply stated, a policy of arresting everyone until somebody confesses is constitutionally unacceptable," the Maryland appeals court said. In its appeal, Maryland v. Pringle, No. 02-809, the state argues that whether probable cause exists to arrest all the occupants of a car in a similar situation depends on "the totality of the circumstances" and should not be subject to a hard and fast role. Elections Fund Without comment, the court mined down a First Amendment challenge to an Arizona campaign finance, law that created a "clean elections fund," supported by a surcharge of 10 percent on civil and criminal fines collected in the state. The law was challenged by a state legislator, Steve May, who received a $27 parking ticket and refused to pay the $2.70 surcharge. He refused to accept public financing for his own campaigns and said he did not want to be forced to pay for the campaigns of others, including his opponents. The Arizona Supreme Court upheld the law last October, ruling that because the law operated in a "viewpoint neutral" manner, it was not an unconstitutional compulsion of speech but in fact had the effect of expanding free speech. But the Institute for Justice, the libertarian group that filed Mr. May's appeal, said the law transformed the act of contributing to political campaigns from one of "individual volition into an act of compulsion." The case was May v. Brewer, No. 02-1065. Copyright © 2000 Dow Jones & Company, Inc. All Rights Reserved. http://nrstg~s.djnr.c~rn/cgi-bin/DJ~nteractive?cgi=~EB-ST-ST~RY&GJANum=8238974... 4/22/2003 Dow Jones Interactive® Publications Library Page 1 of 4 Article 12 of 200 A Section Librarians Make Some Noise Over Patriot Act; Concerns About Privacy Prompt Some to Warn Patrons, Destroy Records of Book and Computer Use Rene Sanchez 04/10/2003 The Washington Post FINAL Page A20 Copyright 2003, The Washington Post Co. All Rights Reserved MONTEREY PARK, Calif. -- Every public computer inside this city's library has a new warning taped to its screen. Beware, the message says, anything you read is now subject to secret scrutiny by federal agents. "We felt strongly that this had to be done," said librarian Linda Wilson. "The government has never had this kind of power before. It feels like Big Brother." Wilson is not accustomed to protest. Her days are spent quietly tending to aisles of books in this immigrant community near Los Angeles. But now she is at the forefront of an unusual rebellion. Across the country, in a movement that belies their staid image, librarians are rising up in anger and rallying against a law the Justice Department calls one of its most important new tools to help catch terrorists before they strike. The USA Patriot Act, swiftly approved by Congress after the Sept. 11,2001, terrorist attacks, gives federal investigators greater authority to examine all book and computer records at libraries. The law requires investigators to get a search warrant from a federal court before seizing library records, but those proceedings are secret and not subject to appeal. It also forbids libraries from informing patrons that their reading or computer habits are being monitored by the government. Federal officials say the new law is essential because prior statutes on obtaining library records imposed too many limits on fast- moving investigations. They also point out that several of the hijackers who rammed planes into the World Trade Center and http://nrstgls.djnr, conffcgi-bin/DJInteractive?cgi=WEB ST STORY&GJANum=6470823 4/22/2003 Dow Jones Interactive® Publications Library Page 2 of 4 Pentagon had used library computers to communicate. But many libraries are expressing fears that the law tramples constitutional fights to privacy and thwarts intellectual freedom. Earlier this year, the American Library Association, which has 64,000 members, formally denounced the Patriot Act provision and passed a resolution urging Congress to repeal it. Since then, about two dozen state library groups -- from California to Georgia -- have taken the same stand. And that is only the beginning of the backlash. Along with posting wamings about the law, some libraries are rushing to destroy nearly all of the records they keep of what their patrons read, as well as sign-up logs of computer use. Others are scrapping plans they had to use new computer technology that can profile the reading habits of patrons and inform them when works they enjoy are published. "This law is dangerous," said Emily Sheketoff, executive director of the ALA's Washington office. "I read murder mysteries -- does that make me a murderer? I read spy stories -- does that mean I'm a spy? There's no clear link between a person's intellectual pursuits and their actions." The growing campaign against the Patriot Act took a while to catch fire. Many libraries spent months last year either unaware of the obscure provision on library records or discreetly debating whether to oppose it. Some libraries also say they see no harm in the new law. Since the terrorist attacks, a few branches nationwide have decided without government prodding to remove provocative reading material, such as books that contain instructions for making explosives, from their shelves. Others are reporting suspicious patrons to local police or the FBI. In some places, the law has not provoked alarm or even public notice. "It's business as usual here," said Peter Persic, a spokesman for the Los Angeles Public Library. "We have not had complaints about it." Federal officials say anxiety about the law is misinformed and overblown. It only targets suspected foreign spies and terrorists, they say, and is not being used to snoop recklessly on anyone reading or researching controversial subjects. "We're not going after the average American," said Mark Corallo, a Justice Department spokesman. "We're only going after the bad guys. We respect the fight to privacy. If you're not a terrorist or a spy, you have nothing to worry about." http:~/nrstg~s.djnr.~~n~cgi-bin/DJ~nteractive?cgi=~EB-ST-ST~RY&GJANum=647~823... 4/22/2003 Dow Jones Interactive(g) Publications Library Page 3 of 4 Under previous laws, Corallo said, federal investigators at times had difficulty getting access to library records of people who had not committed a crime. "But terrorists had been exploiting that," he said. Corallo declined to say how many or what kind of requests federal agents have made for library records through the Patriot Act. To do so, he said, could compromise national security. But in a survey conducted by researchers at the University of Illinois at Urbana-Champaign, about 550 libraries across the country reported receiving requests over the past year from federal and local investigators for records of patrons. More than 200 libraries also said that they had resisted such requests from authorities. Many librarians say they want to cooperate with investigations, but only under the terms of the statutes that the Patriot Act replaced. They say those provisions had forced the government to show more evidence of a threat to a judge to obtain a search warrant and allowed libraries to have a role in court proceedings. That argument is winning new support in Congress. Last month, Rep. Bernard Sanders (I-Vt.) introduced legislation to exempt library and bookstore records from the Patriot Act. Several dozen other lawmakers, both Democrats and Republicans, have endorsed the measure. It also has the backing of the American Library Association and the American Booksellers Association. "Obviously, we're aware of the dangers of terrorism," Sanders said. "But we don't want to see September 11 being used as an opportunity to take away basic constitutional fights." The uproar over how much access the government should have to library records is in some ways a new chapter in an old debate. Libraries felt similar pressures amid the anti-communist fervor that gripped the nation after World War II. This time, many are vowing not to be bullied into giving up records by what they call vague appeals to patriotism or national security. The campaign against the Patriot Act is gaining support particularly in California, where some librarians say they will resist the measure at all costs. Here in Monterey Park, Linda Wilson said she has not received any requests for records from government investigators, but that if she did, she would have a hard time staying quiet about it. "I don't like how the new law even takes away our fight to speak," she said. "If we ta~_ke, away these kind of freedoms, then we've let the terrorists win." http://nrstg 1 s,djnr.com/cgi-b~DJInteractive?cgi=WEB_ST_STORY&GJ~um=6470823... 4/22/2003 Dow Jones Interactive® Publications Library Page 4 of 4 In Santa Cruz, Calif., all 10 branches of the library are destroying records daily and recently posted signs warning that the government has new authority to review whatever patrons read. Library officials also are distributing pamphlets that decry the secrecy provisions in the Patriot Act. "How can you tell when the FBI has been in your library?" the pamphlet asks. "You can't." Librarian Anne Turner said that she and many library patrons are frightened more by the threat of losing constitutional rights than by terrorists. "People are angry that the government has this power," she said. "It can go fishing for anything under this legislation." Other cities are expressing the same unease. In Maine, several libraries recently launched a campaign to get their entire communities to read the GeOrge Orwell novel "1984," which depicts a world in which an all-powerful government known as "Big Brother" meddles in citizens' private lives and punishes them even for thought crimes. Librarians there say they did not choose the book to attack the Patriot Act, but wanted readers to reflect' on the relevance of its themes. Anne Phillips, assistant director of the Patten Free Library in Bath, said there is so much concern about the Patriot Act that staff members are now leaving "no trace" of who borrows books or uses computers. So far, the library has not been asked to mm over any records. "We're just hoping no one ever comes through the door," she said. http://www, washingtonpost, com Contact: http://www.washingtonpost.com Copyright © 2000 Dow Jones & Company, Inc. All Rights Reserved. http://nrstg~s.djnr.c~m/cgi-bin/DJ~nteractive?cgi=~EB-ST-ST~RY&GJANum=647~823... 4/22/2003 Carol Freas From' Laura Glaiser [Laura_Glaiser@gov.state.ak.us] Sent: Tuesday, April 15, 2003 11 '16 AM To: Carol Freas Subject: Re: City of Kenai Polling Sites Dear Carol, I apologize for letting this go so long. The answers were easy to obtain, I simply misplaced your original email. I found it in the wrong "file" this morning, and realized I had not responded. I hope these answers (below, following your questions) help clarify my earlier letter to Mayor Williams. All the best, Laura A. Glaiser, Director Division of Elections Carol Freas wrote: Dear Ms. Glaiser, Yesterday we received your letter of February 26, 2003 in which you explained the reasons for changing the polling sites for the City of Kenai. I appreciate your response, though I had two other questions, the answers of which may be additional help in the understanding of the changes. 1. Are annories still be used as polling sites or has their use been restricted due to the homeland security issues now facing our nation? There are no hard and fast rules regarding the use of armories as polling places as a result of 9/11. Jurisdictions may do as they wish. Some prefer not to use them now but they certainly may if they wish. 2. It was suggested to me that when our armory was initially used as a polling site, approval was probably not required by the Department of Justice. Would it now be difficult toget Department of Justice approval to house three precincts in one polling site? No. We can obtain pre-clearance on polling places with multiple precincts in them. However, as we have stated earlier, this is not our preference. It is our decision now not to proceed with changes at this time. 4/15/2003 Page 2 of 2 Again, thank you for your response to Mayor Williams' letter. Carol L. Freas, City Clerk 4/15/2003 INFORMATION ITEMS KENAI CITY COUNC~ MEETING MAY 7, 2003 o Letters from students at Kenai Central High School Government Class regarding 13oys & Girls Club partnership with the City; raising city property tax; bluff erosion; library closures and Arctic Winter Games. e 4/03 Kenai Municipal Airport Monthly Enplanement Report. , 2003 Gaming Permit Application -- Rotary Club of Kenai . 5/2003 Soldotna Chamber of Commerce, Chamber Connection. e 5 ! 2 / 03 Kenai Harbor Rate Schedule. o 4/29 / 03 Public Works Department, Project Status Report. Crystal Moms 44539 Sterling Hwy #103 Soldotna AK, 99669 4/22/03 City Council 210 Fidalgo Ave. suit 200 Kenai AK, 99611 Kenai City Council Members: Hello my name is Crystal Moms and I would like to give my opini~on on the proposition to close the Rec Center. I am a senior in high school and for the past four years I have been attending the Rec Center-whether it is for athletic purposes of just for fun. My friends and I have created a lot of cherished memories there and we hope to continue doing so. I know I am not the only teen life that has been changed for the better because of the Rec Center. I think that a change in the way the Rec Center is mn would be a mistake and the following masons are why. The Rec Center is not only a hang out for the youth but it in a large part keeps those kids out of trouble. So many kids depend on the Rec Center as a sanctuary, a place they don't have to worry about their parents, and they can just relax. Also it is a source for doing schoolwork, there is a computer and knowledgeable people around. Besides keeping it going for the youth in the teen room, there is also a whole downstairs where them are always activities going one. The Rec Center is a source of entertainment and exercise. Them is always interaction, whether it be volleyball, basketball or indoor soccer. People make their schedules around the Rec Center. I hope that I have made the importance of the Rec Center know or at least given you a different perspective to look from. I honestly feel kids would struggle and adults would as well. It is a place to go and socialize or a place to work off all your stress. The Rec Center represents a lot of things to a lot of different people but most of all there is something for everyone. Sincerely, Crystal Moms Shellea Trammell P.O. Box 932 Kenai, AK 99611 April 25, 2003 Kenai City Council 210 fildalgo Ave. Suite 200 Kenai, AK 99611 Dear Kenai City Council Members: Hello my name is Sheilea Trammell and I would like to discuss a matter i am very passionate about. The future of our state and local community is in the hands of our young people. As a student at Kenai Central High School, I know that it is hard to deal with the pressures and stress of growing up. It takes good parental guidance and strong support to stay on a productive path that might some day benefit our town. Organizations such as the Recreational Center, allow teenagers, such as myself, an alternative place to express one self athletically and socially while maintaining a positive atmosphere. As a young person, I watch my fellow peers struggle with circumstances dealing with drugs and alcohol. Though these are substances strongly discouraged in the public schools, boredom can become a problem. This leads teenagers to try new things that may be of harm to their bodies. The Rec. Center is a drug free zone that provides clean entertainment and fun for much of the youth in this community. Our teens need to be supervised and the teen center is the place to be. If the funds to support this organization are cut, we will be taking away from our young people. Teens believe that this is a town whose main goal is to better the future of our youth. If the opportunity for young people to become involved in beneficial activities is taken away, then how can we as a community say that they are the top priority? Thank you for taking the time to read this letter of concern. I only hope that the younger generation will be highly regarded before this great decision is final. Sincerely, Sheilea Trammell Dallas Baldwin P.O. Box 1671 Kenai, Alaska 99611 April 24, 2003 Mayor John Williams 210 Fidalgo Avenue Suite 20 Kenai, Alaska 99611-7794 Dear Mayor Williams, My name is Dallas Baldwin and I am writing to you to express my disappointment in hearing that the Boys and Girls Club will soon be taking over the Recreational Center. For as long as I can remember I have spent countless hours at the Rec Center involving myself in basketball games, pool and on occasion, dances. I believe that the Rec Center is a great place for high school students and middle school students to spend their time after school. It has helped keep the teens off the street, by providing a safe and inexpensive place for them to hang out. If the Boys and Girls Club is to take control of the Rec Center, them will more then likely be a fee charged to the teens wishing to use the building. Which is unfortunate, since many of the teens that occupy the Rec Center could not afford such a fee and will be forced back to the streets. I understand that as a whole, Kenai is in financial trouble, but l can't stress enough how important it is for the Rec Center to be under supervision of the city. I hope that you can some how find away to save the Rec Center. I appreciate and thank you for taking your time to read this letter. Sincerely, Dallas Baldwin Katie Burck P.O. Box 3031 Kenai, AK 99611 (9907) 262-7446 --RECEiVE ...... I lllll I ~'~ i m .... KENAI CITY CLERK Dear Mayor Williams, My name is Katie Burck. I am currently a senior at Kenai Central High School. I am writing to you concerning the proposed management change in the Kenai recreation Center. It is my understanding that the City of Kenai has offered the Boy's and Girl's Club the option of taking over the facility. Being an avid user of the Recreation "Center for many years now, I am opposed to the idea of the two organizations merging. I believe that the recreation center has provided many teens with a safe place to go to keep them out of trouble. Closing that facility to the general public would be a huge loss to the community. Teens count on the doors being open to anyone in need of a place to escape and/or simply hang out with their friends. I am aware of the budget problems plaguing the community, state, and nation at this time. However, I feel that an alternative to the Boy's and Gift's Club takeover might be more beneficial to the community in the long mn. I am not prepared to suggest an alternative method for gaining money, but for the health of this community I stron~y urge you to explore all other possibilities. Thank you, Katie Burck Karleta Giles 9464 Kenai Spur Hwy. Apt. 2 Kenai, AK 99611 April 23, 2003 Mayor John Williams 210 Fidalgo Ave. Suite 200 Kenai, AK 99611 · ECEIVeD .. . ,-,.,,-.,, CITY CLER Dear Mayor Williams' My name is Karleta and I am a student at Kenai Central High School. I am 18 years old. Even though I'm a senior, I am extremely concerned with the lay offs of teachers in Kenai. Instead of laying them off, and eliminating the teachers, I know there are other alternatives. I realize that the school budget is low and I can see a need to save money. I can't understand why other options aren't taking place. Laying off teachers means eliminating certain electives in the school. This will only get the students less motivated in their schoolwork. If all their classes are boring, then the students may loss interest in their mandatory subjects. Students need to have a variety of electives. I understand that if city property tax is raised it will help the school budget. So why isn't this being done? Sure there will be some outraged people but this is concerning the future of children in Kenai. Not only the future of the kids, but the future of our country. What happened to the "Leave No Child Behind Act?" How can our country properly function when the future generations aren't properly educated? I have discussed my concerns with several people that own property in Kenai. All of them are willing to pay a little more tax for the education of their children. I'm positive that most property owners are willing to do the same. The only ones that might have a problem with raising the tax are people that don't have children. Please take rising property taxes in consideration. I appreciate you taking time out to read my letter. Sincerely, Karleta"Giles Michael Tunseth 696 Poplar Circle Kenai, AK 99611 April 21, 2003 Kenai City Council 210 Fidalgo Ave. Suite 200 Kenai, AK 99611 RECEIVED CiTY CLEF K Kenai City Council: Happy end of 'Tree public education" for me, and beginning of summer for all. In advance to the Student Government Day which is to be held next Wednesday, April 30m, I would like to convey my thanks for taking time out of your life to spend the day teaching students about what you do. As you may or may not know, this letter is being graded for credit in a government class. This is not a bad thing, just an opportunity that I might not have otherwise taken. As a government member I'm sure it is hard work trying to please all. So, I took the opportunity to write a thank you note instead of the other choices on the requirements list. I was going to write about the Rec. center not getting enough funding, but I don't know enough about that issue. I do want you to know though that the Rec. center is a great place how it is and I believe that if the B & G Club runs it, it will be a much less inviting place for young adults, and older adults, to go to with all' of the extra traffic that the B & G Club sports would bring. Well, without meaning to shove too much at you, I would like to conclude this letter by restating that this is a thank you letter in advance. A thank you letter with some of my thoughts on the side. See you April 30m. Mark your calendar. Yours truly, Michael Tunseth John Williams, Mayor 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 To the honorable Mayor John Williams, I was recemly attending a parks and recreation meeting at the Kenai City council chambers and am happy to see that the erosion problem along the Cook Inlet is a priority for the city. I personally do not live on the bluff but I have several l?iends and associates who do, and I realize what a problem this is causing for many people. I ot~en ~run on both the Kenai Beach and the Kalifornski Beach, and as I make my way down them, what I see is quite disturbing. I see houses ranging in value and size threatened equally by the great force of the Inlet. It saddens me to think of the families that live in these homes that are nearing the edge and get closer with every high tide. I appreciate what you do for the city and look forward to seeing what you can do in the future. As a recemly registered voter, I also look forward to supporting you in future years should you choose to seek reelection. Sincerely, Jordan Engel 1709 Wesbet Ct. Kenai, Alaska 99611 Kristopher M. Walker 311 McKinley St. Kenai, AK 99611 RECEIVE3 Kenai City Counsel 210 Fidalgo Ave. Suite 200 Kenai, AK 99611 Dear Counsel, My name is Kristopher Walker and I am writing in regards to the Kenai Rec. Center. I have heard a rumor that them is a possibility that the local center is going to be shut down. I feel that this would be a gmat loss to the community and them are plenty of other places to cut money besides the local youth center. Without a local teen center there would be more young people on the street during the day and evenings instead of being supervised by the Rec. Center. The center is a positive and drug free place for our young people to go and enjoy themselves in a safe way. The Rec. Center brings business to Kenai. People come from Nikiski, Soldotna, and Sterling; while they are here they spend money. That money is money that local businesses desperately need. It would in up costing the city more money to fight the rise in crime that would erupt from closing the Rec. Center then it would be to keep it opened. I hope this proposal is just a rumor because it would be devastation to our community. Sincerely, Kris}opher M. Walker Katie Higginbotham 2545 V.I.P. Drive Kenai, AK 99611 Tuesday, April 22, 2003 210 Fidalgo Ave. Suite 200 Kenai, Alaska 99611 Phone (907) 283-7535 ext. 231~ Fax (907) 283-3014 To Whom It May Concern: KENAI CITY CLERK Hello. My name is Katie Higginbotham and I am a senior at Kenai Central High School. I have heard a lot of discussion about what is to become of the Recreation Center. It is a major concern here at the school about what is going to happen and if the center has a future. I've heard that the Boys and Girls Club is going to be taking control over the Center. I also know that the Boys and Girls Club will have to stretch their budget to accommodate this new addition. ! know everyone of authority over these decisions has, I'm sure, really thought this through. But I think that the Boys and Girls Club taking over the Center is a mistake. I worry that the same services won't be offered and that with the increase of local children participating in the program that the employees will become over whelmed. My concern is for the well being of the children in this community. The Center provides and safe and encouraging environment for them. Thank you for you concern on this issue and taking the time that you have to listen. I know the best decision will be made and I'm sure everything will work out. Thank you for all you do. Sincerely, Katie Higginbotham James Haddock 565 Robin Dr. Kenai, AK 99611 Dear Kenai City Council: This letter pertains to the current status of the Kenai Recreation Center. I'm concerned ~that its importance for the city of Kenai is being ignored. As a high school senior, I'm worried that future claSses will be at a loss if the Rec. Center is eliminated. I have spent countless hours at the Rec. Center playing basketball and making up missed days for my weight training class. Basketball teams from Kenai Central High School would possibly need a new facility to practice in if the Center is passed on to the Boy's and Girl's Club. Students needing to make up days from a weight training class would be required to make lengthy drives to fitness clubs. Not only would the drive be longer, but the fee would be greater than the $1 charge at the Rec. Center. Right now, elementary aged children have the Boy' s and Girl's Club for athletic events, while high school students and adults primarily go to the Rec. Center. I know several adults who participate in City League basketball' teachers, policemen, firemen, judges, and young adults. Games of this league are held at the Rec. Center. If the Boy' s and Girl's Club takes control of the Kenai Rec. Center, I would hope that qualified individuals be hired for the up keeping of the facility. In my volunteer experience with the B&G Club, I noticed the several unprofessional employees. Kind Regards, ~ ~ ~ , ~ James Haddock ,iessica R. Piatt 306 Hutto St. l%Cllizil, AA, 99~ I 1 April 2'4, 2003 John J. Williams Dear Mayor Williams, 1-I,110 r-n,r ~r'r',~, ;e T~e;r.~ O;n,t: T ~'~ a ~-'~;~ o* w~.ol r~,~,~o~ High School, d am now eligible to vote. i would like to inform you about my views on the Boy's ano u~n~s Club raking over the Kenai Recrearionai Center. nl~-e far aid ~nd xrn'~no tn ga hang m~t and h~ve f!~n with f~.nd~ nfter ~ohnnl or work or on the weekend. Eve~one in Ken~ and Soido~na ~ea benefit from thc Ret because it is ~c place on ~c pcnins~a ~at cvc~onc is welcome ~d it is affordable. The Rec Center is involved in the Communi~, ~d it is one s~e ?mca far vm]thm~ tn o°n ~. k-uaw mnnv.~ that__ visit hhe Rec to m~e up ~h~n~o,._,,.~, days and to keep fit. If the Boy's and Girl's Club does take over know one for sure ~ows what might happen to the Rec. It might be closed to the public and the o~ccn, eo e o ~ a~es ~e eas'~c i~ abe Recrea~on~ Center, please consider my plea to keep the Rec open to the public. I know that you do care about our community and ~-iii have something to say ~,~. ,.t~ '~,~ +~',.., ,.,.;+.,.,,-,,+4,...,,., I +1~1 ..... , ,c,.,,. +,-,1.-;.,.., schedule to read my plea. Sincerely, Jessica B. Piatt Klareissa Brown PO Box 366 Soldotna, Alaska 99669 22 April 2003 Kenai City Counsel 210 Fidalgo Ave. Suite 200 Kenai, Alaska 99611 'RECEiVE ,.," ' ! ' KENAI CITY'CLERK Dear City Counsel: My name is Klareissa Brown and I am a graduating senior at Kenai Central High School. As part of the top ten percent of my class, I plan on enrolling at UAA in the fall, and I know all the mass amounts of homework I have received and completed throughout these past four years will be nothing compared to what I receive next year. What I am not sure about is if I.will still have a place to do this homework like I had in high school. The library was a primary resource and fundamental part of my high schOol experience. It was a quiet place I could retreat to and had an atmosphere where I could buckle down and really focus on completing my work. I could always count on the library being open late hours and weekends so I could still go there after school and sports to study or work on a project or research something. I am leaving in the fall of this year, but the privileges I received as a teenager should not leave with me. Young people are the future of this state and any option that helps them past through this difficult, life-shaping transition period should be given to them without hesitation. It is hard enough for students to shoulder a heavy load composed of home, family, sports and most of all, academics without having a place to lay part of this burden down. This is what the library here in Kenai provides for kids. Do not cut funding for this important asset in our lives. The library provides so much for young people and to take that away would be destructive to the productivity of the young person, the school, but ultimately to the state of Alaska. Thank you for your time, Klareissa Brown Andrea Richardson P.O. Box 748 Kenai, AK 99611 RECEIVE ~,,,,,' .o KENAI CITY Mayor John Williams 210 Fidalgo Street, Suite 200 Kenai, AK 99611 April 21st 2003 Dear Mayor John Williams, As a student at Kenai Central High School, I wanted to thank you for taking time out of your day to attend the signing of the Arctic Winter Games.' I know you have a very busy schedule and have many other mayoral duties. With you coming to our high school, it shows that you really do care about students and education. You also showed your dedication to the community and the events that will occur in the future. I appreciate you showing your support of the Arctic Winter Games by participating in the ceremony. The Arctic Winter Games are sure to bring in a lot of attention statewide as well as nationally. Unfortunately I will be attending college at the time of the Games arrival, but I know that my parents and their friends are sure to attend. This is an exciting event to come to the Kenai Peninsula, and we're welcoming it with open arms. Thank you again for showing your support of the Arctic Winter Games by coming to my high school and participating in the signing. Sincerely, Andrea Richardson Mayor Williams' office Carol L. Freas, City Clerk 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 Megon Coon P.O. Box 2725 Kenai, Alaska 99611 April 22, 2003 Mayor Williams; As a student, youth, and Library Commission Board member in the city of Kenai, I feel that it is important that you take another look at the amount of support and aid you offer to the public library. Over the past year, I have served as a youth commissioner to the Library Commission Board and have had the opportunity to learn more about the library and its needs. Its needs consist of not only funding, but also a large amount of support from you and other influential community members. To the youth of this community, the library serves several important roles. Firstly, the school libraries are often inadequate for the completion of homework and research assigned by the teachers. For this reason, the public library is indispensable to the education of Kenai's children. I myself have spent countless hours researching and studying after school in the library; it is a tool that I have come to greatly rely on. Also, many kids in Kenai have nowhere to go after school but to the library or out on the street. Personally, I feel that spending time in the library and reading is a much more beneficial use of a child's time than getting into trouble on the street. Recently, the library has had to make many cuts in the amount of service it offers to the public. Programs are being cut, hours shortened, and part-time employees laid off because of the lack of funding. I strongly encourage you to support the library in its time of need; please aid the library as much as possible in its efforts to better educate and supply for the youth of this community. Sincerely, Megon Coon Rachel L. East 460, Katifornsky Beach Rd., Apt. #3 Kenai, AK 99611 4-24-03 Mayor John J. Wittiams 210 Fidaigo Ave. Suite 200 Kenai, Alaska 99611 Dear Mayor Wit[iams, He[to, My name is Rachel East and l am currently a senior at Kenai Central High School.. Our Government crass has been discussin8 the pros and cons of the old K- ~art buitding being taken over by different businesses. I am fairly concerned about the future of our economy as a citizen of our city. I have heard many different proposals for the takeover of the building including; Home Depot, Wa[*/~art, Target, and Fred Meyer. ! can only think about when K- /~art first came to Kenai and put many of our own [ocat, fatuity owned, indu~tdes out of business. Now K-Mart is gone, we don't have those smatter businesses around, making some products and services unavaitab[e to us. Although I know the benefits of bi8 business in Kenai (the economy, for example), I also understand that we need to value and support our I. oca[ merchants and service providers. I thank you for your time and for your wonderful service to our city. I know the future of Kenai is a bright one and look forward to it. Sincere[y, Rachet L. East Rudy Villegas P.O Box 3289 Kenai, AK 99611 April 24, 2003 City Council 210 Fidalgo Ave. Suit 200 Kenai, AK 99611 Dear City Council Members, I am writing to you addressing a concern of mine. I have heard that the city may decide to shut down the Kenai Recreation Center. I am not sure if it is just being discussed or if it will be brought out and will be shut down. So I am writing to you to let you know that if it were to be shut down it would make a lot of young people and even older people unhappy. I am writing to you as a senior classman from Kenai High. I believe that if you were to decide to shut down the Rec. Center, it would make a lot of my friends and students quite angry and disappointed. A lot of our students from our high school go them to play games, work out, and visit; it's not just our high school student that go there, but people from around the whole peninsula that go to enjoy their activities at the Recreation Center. I, speaking solely for myself, would be very unhappy if it were to be shut down. One of my hobbies is playing basketball, especially during the winter, since ! don't play any winter sports. So, if it were to be shut down, it would be a big blow to my life living in Kenai. All I do is play basketball during the winter months. My life would be shot by the fact that I would not be able to play ball during the winter months. Overall, it would not be very good for the teens of the Kenai Peninsula. So many of us have so many memories that come out of that building. We cherish the Rec. Center for what it is, a place to hang out and have fun. I ask that you do not take away the little things that we love the most in this little American town. ! hope you get to read this letter. Thank you. l Sincerely, Rudy Villegas Cory Janson 316 Rogers Rd. Kenai, AK 99611 April 25, 2003 Mayor John Williams 210 Fidalgo Ave. Suite 200 Kenai, AK 99611 Dear Mayor Williams: I'm sure the fact that the city of Kenai desperately needs to replace the tax revenue lost by the closing of K-mart is nothing new to you. However, as a high school smdem, I would like to express my concern. As a graduating senior of Kenai Central High School, I, as you, am concerned with the impact on city government that the loss of tax revenue will have. I understand that road maintenance, public works programs, and public facilities will suffer. For my age group, this translates into potentially fewer summer jobs, less access to the city recreation center, and possible loss of the community ice center. Since Kenai, being a small city, already lacks activities geared towards younger people, this loss is significant on many levels. With a big empty building already available, it would be good to see a store such as Best Buy, Target, or Wal-Mart move into the facility. With discount stores such as these, it would replace the city tax revenue lost by the closing of K-mart. Additionally, this type of store would be a major draw for peninsula shoppers and would eliminate some of the shopping dollars lost to Anchorage. Thank you for letting me express my concern. Sincerely, Cory Janson Micheile Manzek 36575 Chinuina Dr. Kenai, AK 996! ! Mayor 3ohn Williams 210 Fidalgo Street, Suite 200 Kenai, AK 99611 KE,r'-f.AI CITY CLEF ;-' i · ~.. Dear Mayor Williams, Congratulations on being re-elected for mayor again! You are doing a great job; keep up the good work. ! just have a few concerns on what will be happening to the Rec Center if the Boys and Girls club takes over it. ! think if this passes the prices will go up for people to exercise. There aren't any places to go in this town that the prices are as good as the Rec Center's. I don't think we should be discoura§in§ people to not exercise or do active things like play in basketball, volleyball, or even racquetball because prices are too expensive. Doing this will probably take away jobs from people that work at the Rec Center. It would also affect where men's league basketball and other sports like that are played. They probably wouldn't be allowed to play there anymore. I think that would be sad. Thank you for taking your time to read my letter. Si'ncerely,, Michelle Manzek Ashley Mishler 314 Rogers Road Kenai, AK 99611 (907) 283-1913 April ~4, zoo3 Mayor John Williams ~lo Fidalgo Street, Suite ~oo Kenai, AK 99611 (9o7) ~83-7535 Mayor John Williams: ! would like to begin by thanking you for having your support at Kenai Central High School during the Arctic Winter Games assembly. I am very thrilled that the Kenai Peninsula will be the spot for all the commentators in the games. I believe this was a huge accomplishment for our city and a well deserved event. During the first assembly when we all were up screaming 'we want the games~ I really was unsure the affect that it would have on our community. I didn't comprehend what a huge honor it would be until the second assembly when so many accredited people such as your self came to support our school and the games. Once again I would like to thank you for attending our assembly and supporting the Arctic Winter Games on our Peninsula. Writing you began as an assignment for my government class, but in return I am thankful to have you representing the city of Kenai, and also attending such an important event at our school. Thank you also for completing so much work around the community to make the Arctic Winter Games a possibility and now allowing us the chance in return to yell ~We got the §ames!~ Yours sincerely, Ashley Mishler nal Municipal Airport 2003 Monthly Enplanements IiSeriesl 5,376 Era 1998-2002 Month 2003 2002 5 yr. Average Jan 6,454 7,829 -1,375 8,055 Feb 5,602 7,046 - 1,444 7,302 Mar 5,280 7,371 -2,091 8,154 Apr 5,375 6,902 -1,527 7,032 May 7,702 Jun 8,815 Jul 11,962 Aug 10,432 Sep 7,697 Oct 7,701 Nov 7,407 Dec 7,457 Totals 22,711 29,148 -6,437 Department of Revenue Tax Division PO Box 110420 Juneau, AK 99811-0420 Telephone 907.465.2320 State of Alaska cl ' 2003 Gaming PermitAppli tio~ /IDD ! 6 ?r~n.? :, AS 05.15.020 LJ ~lew  Rental This form is also available on the Intemet at www.tax.state.ak.us/forms/ ORGANIZATION INFORMATION JFederai Eli~l ' ' ' IOraanization Name ...... IMailing Addre~ss __ , ,, TYPE OF ORGANIZATION (check one box. For definition see AS 0§.i5.690) ~ Charitable r'] Fishing Derby Association ~ Civic or Service D Fraternal ~ Dog Mushers Association D Labor [~] Educational r'] Municipality ,, r"] Nonprofit Trade Association D Outboard Motor Association I'-] Police or Fire Department r"l Political D Religious l-'i Veterans I-I IRA/Native Village ORGANIZED AS I I--i Corporation ,, I~1 Partnership D Association PERSONS IN CHARGE OF GAMES. Persons must be active members of the organization, or an employee of the municipality, and designated by the organization. Members may not be licensed as an operator, vendor, or employee of a vendor. Pdmary Member Name ~ Social Security Number Mailing Address City, State and Zip Code Has the primary member taken and passed the test? ~ Yes Permit number under which the test was taken~"' ~ No Social Security Number Daytime Telephone Number Mailing Address Has the altemate and passed the test? [~] Yes [~ No Permit number under which the test was taken. ? ~ ---,/?? ~ THESE QUESTIONS MUST BE ANSWERED. (see instructions) D Yes Number D Yes ~ No O No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? Does any member of management or any person who is responsible for gaming activities have a prohibited financial interest as de,r.'ncd by 15 ,~-~-.C 160.954 - 959. We declare under penalty of unswom belief, it is true and complete. We Signature that we have examined this application, including any attachments, and that to the best of our knowledge and that any false statement made on this application or any attachments is punishable by law. President or Vice instructions) Printed Name Printed Name Mailing Address o[ president or Vice President , Permit Fee: Check the appropriate box and enclose the corr~t amount. The permit fee is based on 2002 estimated gross receipts. Make checks payable to the State of Alaska Date Date Daytime Telephone [~ $0 - $20,000 or new permit .................. :$20 !-] $20,001 - $100,000 .................. $50 O $100,001 or more .................. $100 IFor O,p,rtrn,,~ u~, o,~; .............. ' ' 'z:~i'f;,:~.'~.]~'t IAII Permittees New Permittees . Ir] Membership List D Documentation for 3 years D IRS Certificate or tax exempt letter Iii PMIC & AMIC Test E] Articles of incorporation or bylaws r'! Separate bank account Form 04-826 (Rev 08/02) Front See instructions for mandatory attachments. A copy of this application must be sent to all applicable municipalities and boroughs. 2003 Gaming Permit Application i0 rgani ~'a'tion~~,~a me ' ,IF Game/ype/(use lot completing information below.) Bingo' ' Deep Freeze Classics Rattles Dog Musher's Contest Puli-Tabs Dog Mushing Sweepstakes Contests of Skill Fish Derbies Canned Salmon Classics IFederal EIN -ot Goose (~lassics Ice Classics King Salmon Classics Mercury Classics ACTIVlTES CONDUCTED BY ORGANIZATION Facility' Name "' Physical Address Game Type(s) ...... IPermit Number Race Classics Rain Classics Salmon Classics Snow Machine Classics .. Is Facility J~ Owned E] Leased E] Donated r"] Owned !-1 Leased E] Donated [::] Owned I-] Leased lr"! Donated I'"! Owned r'l Leased E] Donated r"l' 'Owned !"'! Leased r'i Donated r"! Owned r'l Leased I-I Donated ACTIVITIES CONDUCTED BY VENDOR (pull-tabs are the only games a vendor can conduct) Vendor registration and fee must be attached. Name of Vendor Physical Address Vendor Number ACTIVITIES CONDUCTED BY OPERATOR Name of Operator Physical Address Game Type(s) Operator's License Number ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE Name of MBP Physical Address Game Type(s) MBP Number DEDICATION OF NET PROCEEDS. The organization must plan to use the net proceeds from gaming activities for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organization intends to use the net proceeds from qamin.q activities. (Be specific) ...... Form 04-826 (Rev 08/02) Back Visit us at: www. 5oldotnaChamber.com Email us at: info~5oldotnaChamber.com MARKYOUR CALENDAR Kenm Peninsula 5port, Rec & Trade .Show .............~ 24:" . 12th Annual I~chenx~ Bay Shorebird Festival .............. ~ 1-12 Communil7 Clean Up .".' Week ..................................... ~ 12-T/ '~salteshi Trails Triathlon. ..... ~ 2~ Memorial ~ ........................... ~ 2~ heekout the followingflyer~ Ilinserts in this newsletter! !~' Godwin Glacier Dog Sled Tours 11 ' KPC Registration II ' Peninsula Specialty J l Adve ising [[ · The Chefs Table-Alaskan ~Dream B&B ~ ~~alr]moh~~~!!St~ab~mYonei? ~~~ p parat,ons don ning green vests, then showed them the we, the unnoticed, around the People of the Kenai Penin- peninsula. It started with an idea and a handful of people, but it grew rap- idly and exponentially. It is an unlikely group comprised of politicians, teachers, nurses, entrepreneurs, lawYers, parents, ~. ~ ,.?'~11~, sula understood that the Arctic Winter Games are ~ about finding the best in people and bringing c,.~t 4 /,ENiNSULA those bests to create a com- munity worthy of the games themselves. Hundreds of people, govemment.w0rkers, students, and as- sorted professionals from the Central Peninsula all the way to Homer. The group transcended politics and geographical location, encompassed both gen- ders and all ages. Individually they are ordinary people in the houses next door, together, though, they cre- ated something bigger than themselves and proved the power of a people united, the power of the Arctic Winter Games Bid Committee. Empowered by a vision shared yet unique to each member, they devoted countless hours to meetings and research, writing and budgeting in order to cre- ate a document that illustrated the Kenai Peninsula at its finest. That document was then driven thousands of miles and hand delivered to the Arctic Winter Games International Committee in Whitehorse Yukon. This committee carefully read that 500-page document and then came to visit. They came to see if the Kenai was everything that had been promised. Again that same group of people exerted countless hours completing each one displaying pride and support of the Arctic Winter Games bid joined the 40 people in green vests throughout the day, holding signs and ban- ners while chanting "We Want the Games!" When the International Committee left the following day, they took with them memories of a community united and excited. The effort paid off as almost 3 months to the day later, three members of the International Committee came to- gether again with our bid committee leaders to sign a contract awarding the 2006 games to the Kenai Penin- sula. While a historic and significant step on the road to hosting the games, it is only the first step down a long road. The games will begin in a little over 1000 days, and there is much work to be done. So to everyone who has worked diligently to get us this far and to all the community with whose support and continuous accolades .... CON- GRATULATIONS! To everyone else, now is the time to get involved in an event that will change the face of our com- munity and the lives of young people from around the world. we...are looMng fO~ard to a ve~.:bu~:.suma~." acco~modaao~ info~at~nfo~~~O~ehZ? We. wiE'bq, open"s~end~s a week'sta=~g'~y~- t~:boO~. ~. are you/ "'. J~tine and Shanon are back~Om...the~/Great~:..: Some of Our bi~ for r~k car~ are 'getting: Alaska Sportsman shOW:"in' low, and some are emp~. To ~lly take advan~ handed out over 1,500 ~id~ and::'6OO'maps.:of see.~v~ need to replen~h voursupply: ~e'need ~e are looMngfo~ard to. a,:~eat.~~t::.:' ?.' .~ .. President Ba~ara Ets0n Wells Fargo 2624435 Past President Lisa Wimmer Wells Fargo 2624435 President Elect Tim Pope Natron Air 262-8440 Vice President Dena Cunningham McDonaids 262-2221 Secretary/l'reasurer 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 Justine 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 ~Alaska~~~'"' " SOLDoTNA a river cit~ ':~:~.°,. : THANKS AGAIN : ZRAN$~aoR~r LYNDEN!!! Lynden Transpo~ provided FREE transpo~tion for our guides and supplies to the Fairbanks Outdoors Show. We appreciate their continued suppo~! HERE 'AREOU Ri NEW' MEMBERS. FOR APRI.L ... A-River, s.'.Edge 'Fashion oUtlet : Oscar' & Fattest Nelson Katy. Dempsey~ · ~..:' POB0x3554, Soidotna.. 35230KenaiSPur Hwy:, :""~;-'(907) '262'213I ' ' ":'SOldotna:. ' ACCOmmodations ..... ' ' (90Z)': 260~."'7886'~: · Bed & Breakfasts.' :~ .&!!.Clothing/Retail .... ~ Bear." Essentials Lodging-.. Homeri Art-:'. Galleries .... ':KenSc°field &.Vince Egbert: ' H0merchamber 26'15 W. 33rd. Ave; POBox541 ' Homer BOx;."A", Anchorage (907) 235,7740 (907) 2274760' Art:.' Galleries/Dealers Accommodations - Cabins /Consultants Catch-A-Lot Charters C-.-.-.-.-.-.-.-.-~o ~e o r M i~ ~ · Pa~'.. PO:BOx595;'Ninilchik: · (mT) 567~7345 Fishing Charters Douglas, Melody ...... .:~:, Melody Douglas POBOx:'344~ Soldotna .:.':.(.'.i':.:"'"(907)"262-6819 :..; '" Individuals BOOKINGS DOWN? GIVE iT A M O NTH.I ATIA (Alaska Tourism Industry Association) has released its 2001 Alaska Conversion study, with some inter- esting findings. The length of time between when visitors are book- ing and traveling is shrinking. Half(51%) of the bookings for 2001 travel occurred from January through June. One-quarter (25%) ofvisi- tors travel within one month of their booking date, another third '/4 travel within two ,ur months, while chiy 30% book five to eight months a~ead. The ~g 6% book nine months or more in advance. If you are interested in reading more results of the study, stop by the visitor center and ask to see the entire report. QUOTE OF THE MONTH: Solflo~a Lion's Co~~~ F~d e The Soldotna Lion's Club is holding a fund raising raffle. 1st place is a Kubota T1570 Lawn Tractor with 40" Mower with grass catcher, 2nd place is a Summer Get-Away Package at Alyeska Resort, and ~ ~~ 3rd place is a Queen-Size Quilt byAudrey Porter. Tickets are only $10 each and only 1000 ticke'- 'viii be sold. The drawing will be held July 10, 7pm. Call Tim Musgrove for more information aL ,.O2- MAY 12TH-17rH Ills are now available at the ienai and Soldotna chamber offices. ;:i: ~~_! Bags will be picked up by Peninsula Sanitation along main roadways from May 12,h-lDfh. ~-'- ........... PICK-UP SCHEDULE: MONDAY: K-BeachRoad & Kasilof TUESDAY: Greater Soldotna Area (Kenai Spur to Strawberry Road) WEDNESDAY: North Road to Neighbors Drive & Beaver Loop to Strawberry Road & K-Beach, Cannery Road to Gaswell & Bridge Access THURSDAY: Greater Kenai Area (Swires Road to Lilac Drive) Kenal Peninsula Bereugll HAZARDOUS WASTE DISPOSAL Central Peninsula Bailing Facility Mile 98.5 Sterling Highway MAY 17, 2002 Businesses must pre-register bv calling Burlington Environmental at 1-111-471-!1111 Call the KPB Solid Waste office at 262-9667 with questions. The Tsalteshi Trails Triathlon is being held this year on Memodai Day, May 26"~ at Skyview High School Pool and the beautiful Tsaiteshi Trails System. A mini-tdathlon, for ages 12 and under will start a 9 a.m., followed by the open course at 11. The biking leg of the course will be on mountain style bikes, with both the running and biking legs covering many of the Tsaiteshi loops. The distances for each course are: Mini--- 200 yard swim, 3 mile bike, and 1 mile run. Open--500 yard swim, 5 mile bike, and 3 mile run. Swimmers may use fins, if necessary, in the assisted swim category. Awards will be in several age categories, assisted or unassisted swim, and individual or relay. Businesses are encouraged to support an individual or enter a team of their choice. For more information and entry forms, contact John Steckei at 283- 0836 or jsteckel~alaska.net OR download an entry form from the Tsaiteshi Trails website: http:..// www.tsaiteshi.orq/ '2' Zllii$11il $1 lt ParKS: w fiere noes lne money BUdget Overview: . Alaska State Parks offer year-round, diverse recreational op- portunities to over 4.3 million visitors every year. 80% of the visits /'~state parks are Alaskans. In fiscal year 2002, the total budget I,. ~) the management of state parks was $5,760,400. This includes .... state general fund dollars, park user fees, and all other fund sources. How our system is Funded: · 60% of our funding is State General Fund Dollars · 34% of our budget comes from fees paid directly to us by park visitors. · 6% of our budget comes from other fund sources, such as fed- eral grants, or payments from other agencies requesting our assistance in management of resources. -In FY1992, the budget consisted of 84% General Fund, 14% park user fees, and 2% other funds. What we do with the Money: · 87% of that money is spent in the direct operation of park units. This covers staffing, utilities, vehicles and supplies necessary to keep the parks operating. · 10% is spent on central office operations. That includes pay- roll, grant management, web page maintenance, and manage- ment of programs like Boating Safety, Recreational Trail grants, and Snowmobile grant programs. · 3% is spent on services provided by other state agencies. This includes insurance, communications and information manage- ment and assistance from the department's Public Information Center. How we compare with operations in other states: :' In terms of acreage, Alaska has the largest park system in the .,)untry. We have over 3.2 million acres of land. The next largest . '::' begin in May and.'run, through September for the Soidotna Visitor. Center.. Requires a. mature attitude', customer ser- ... i lvice:expedence and'knowledge of SOldotna and the--surround ingarea.. Requires:weekend'workand some.lifting;-up, to Ibs:,.~ Pay will start' out'at $7.50' per'hour and be. 20'35hours 'i-:!weekly. Please:. bring in or send:a!~.resume-'to: theSOIdotna. Chamber of' Commerce at 44970 Sterling Hwy., Soldotna, ."./:.:.:~AK; 99669. Cl'OSesMay 8;. 20'02~.. ~i::.i~i?:!'ii!~i~i'!:i,? ':~.':!... ..... . ' R .J.'s now has Iird Kites! The look of real birds! ~ ~o'~.= R.J.'s Tool Sharpening"" Sterling Hwy. .~" ~,s sc ~,~- . _ Soldotna · , 262-6816 system is California, with 1.4 million acres. The national average state park system is 260,590 acres. Alaska spends just $1.30 per park visitor, compared to $2.82, the national average. Alaska has a field staff of just 34 permanent full time employees and 46 permanent seasonal or part-time employees. We are able to hire up to 57 summer/temporary workers under the Alaska Con- servation Corps program. This staffing level provides: · 1 full time staff member per every 95,000 acres. The national average is 1 full time staff person per every 622.acres. · 1 full time staff person per every 120,588 park visitors. The na- tional average is 1 full time staff person per every 36,679 park visitors. Them are only two states in the country that spend less on their park systems than Alaska. Montana, with 65,000 acres, spends $5,374,541. North Dakota, with 18,750 acres spends $2,312,923. Alaska State Parks has been very successful putting volunteers to work. In FY2002, we had a total of 773 volunteers, coming from Alaska and from the lower 48. They acted as campground hosts, participated in trail crews, and picked up litter. They provided us with 103,469 hours of volunteer labor. What your dollars provide: In addition to the direct operation of 121 park units statewide, including law enforcement presence, janitorial contracts, volunteer programs, staffing, utilities, vehicles and supplies necessary to meet the everyday operating needs of the 121 parks units state- wide, the State Parks Operating Budget supports the Alaska Boating Safety Program, Recreational Trails Grant Program arid SnowmaChine Trail Development Grant Program. _ ALASKA 2003: May I through Sept. 6, 2003 Kenai Visitors and Cultural Center There will be 70 original paintings from over 40 world- mnown~ masters as RobeA Bateman, Guy Coheleach, and Carl Brenders among others. The city of Kenai once again is presenting the largest and most exclusive wildlife a~ ex- hibition in the state of Alaska, and one of the largest in the nation, and it's all being done with generous financial and in-kind contributions from companies and organizations all across the Kenai Peninsula. The exhibition, curated by Dr. David Wadinbee of Kenai Peninsula College, opens on Thursday, May 1, and lasts through Saturday, Sept. 6. Our gala grand opening recep- tion will be from 5 to 9 p.m. on Saturday, May 3. If teachers in the Kenai Peninsula Borough would like to schedule visits to the exhibition be~een May 5 and the end of the school year~ they should call Diana McKenney at 283-1991. Once again this year, Debbie Harris, the aAs ~u- cation specialist for the school district, will conduct the aAs education programs with the students. For more information, call Jay Barrett at 283-1991. $oldotna Chamber of Commerce 447'90 Sterling Hwy. $oldotna, AK: 99669 City of Kenai Mayor John Williams 210 Fidaigo Ave. Kenai, AK 99611 AS "To p~ovide enhanced success of out' membership and serve as a driver in developin~ $oldotna's' future." The 5oldotno Chamber Connection is ~ monthly publication of the 5oldotna Cham- ber of Commerce. This publication is sent to members and associated organizations. There are many ways to submit story ideas (or stories themselves): Call Usl 262-9814 Mail Us! 44790 Sterling Hwy. ~--~--~-----~ Soldotna, AK 99669 262-3566 info,so Id o ma ch amber, co m Fax Us( Email Us( OWN' ... Basin.ess c~d s~e. ..... " '.-.-.,...'-.-,':,' :' :': ........... ':"' :" ": .......... ::'" '" .......... ' .......... -',--..---,',~,:.":':~ ..... . '. '.' .... ..."'.'. ~,... O' ' Full..Page Insert-One a year is'FREE All rates are for one camera-ready advertisement for one issue of'the Cha. connection. All ads: must. be recieved no later'than the 15th of the month:.preced-. lng publication. Send..your artwork to the Chamber office or call us at 262.-9814 tbr more information!: CITY OF KENAI - DOCK RATE SCHEDULE w~-~ ~Y~rvl; n age r-- May 2, 2003 KENAI HARBOR RATE SCHEDULE The City Manager shall establish the fees, rates, and charges for the billing and collections for the support of the harbor. The City Manager reserves the right to change the rate schedule at any time. There is a 5% sales tax added to the total invoice (3% City and 2% Borough). RATE SCHEDULE SUMMARY 1. Product wharfage (w/crane; w/o forklift) $ 0.07lib Non-product wharfage (ice, nets, staples, etc.) 0.04lib. Purchases Purchases Purchases Under 500 500 gal. 2000 gal. Gallons or more or more 2. Fuel Gasoline Regular 1.796 1.746 State Marine Tax .050 .050 Federal Tax .184 .184 Total S/gal. 2.03 1.98 Diesel #2 1.53 1.48 1.43 State Marine Tax .05 .05 .05 Total S/gal. 1.58 1.53 1.48 *NOTE: discounts for volume purchases are for one vessel at a time. 3. Used Oil Dumping $1.00/gal. 4. Boat Launch Ramp 0-10 min. = $15.00 Includes Parking with Trailer Each min. over 10 min. - $1.00/min. Seasonal pass per boat - $150/season 5. Parking Only (If with trailer, must pay launch fee) $10.00/day Seasonal Pass for Parking $100.00/Season 6. Tie Up Fee A. Skiffs tied to land side of concrete dock $7.00/day Seasonal Pass per boat $150/season B. Boats tied to buoy in river $10.00/day 7. Forkliftw/Operator(1/2-hr. minimum) $50.O0/hr. 8. City Labor Charges for call out (2-hr. min.) $40.O0/hr. I 9. I Other Items See Dock Manager Prior to Use I rojoct tetu6 Report A/NC/F/ CityCmta t Pro tName 8TII A JL Airport Security Fencing A=Active NC=Non-Construction F=Future STIP=State Trans. imp KK - Keith Kornelis JL- Jack La Shot RS - Robert Spdnger MK - Marilyn Kebschull Jet - Jan Taylor Status Contract award at May 7 council meeting. A KK Basin View LID Wm. J. Nelson & Associates has completed the design. Bid opening 4/29/03 for construction this summer. a KK Bridge Access W & S Feasibility Study Wince-CorthelI-Bryson has just about completed this project. We increased the scope to include preliminary design work. The project cost (including the increase)is split DEC/EDA. A JL/RS City Hall HVAC Documents complete. A MK Comprehensiv® Plan Comments being reviewed. Public headng tentatively scheduled for May 14. A JL Contaminated Soils- Shop Report submitted to DEC. Response received. Met with ADEC. Must start project soon. Sent in loan fund questionnaire for ranking. A MK Daubenspeck Economic Development Study Draft of Comprehensive Plan submitted. Final payment received. a JL Daubenspeck Environmental Site Assessment Final report has been received. UST removal report received and submitted to ADEC. a JL FAA Site Site has been determined to be clean. After environmental is complete, we can begin transfer process to City. A JL Kenai AP ARFF/SRE Facility Change order to G & S Construction and RIM Architect's amendment to May 7 council meeting. Tuesday, April 29, 2003 Page 1 of 3 A/NC/F/ STII Project Name Kenai Coastal Trail .. Status Corps has received funding for planning and answering permitting questions on this project. A JL Library Improvements Schematics complete- awaiting further direction. A JL Maintenance Shop Preliminary plans and specifications complete. A KK McCollum & Aliak LID This LID project has been approved by Council. We are now waiting on State Muni-Matching Grant for funding. A JL Multi-Purpose Facility Refrigeration Venting estimated at approximately $30,000. A KK Pillars LID - Chinook Drive and Sockeye Circle Paved road 9/21/02. Topsoil and seeding to be done this spring. A JL Runway Extension Environmental Assessment Project beginning. Met w/Aries & W CB 3/14 & 4/17. A KK Schooner Circle LID Wm. Nelson has completed the design engineering. The bid opening is Apdl 29 for construction this summer. A KK Title 17 Review and W & S Regulations Working with Larry...Completed revisions to W & S regulations. Adding a grease prevention regulation. A KK Toyon Way LID Wince-CorthelI-Bryson has completed the design engineering. The bid opening is April 29 for construction this summer. A JL Underground Storage Tank- Airport Extra soils removed and stockpiled. Report to ADEC finished and submitted. A KK W astewater Facility Master Plan Awarded project to CH2M Hill. At about 80% completion. Tuesday, April 29, 2003 Page 2 of 3 A/NC/F/ City Contact P je Name Sll~ II A KK WH 4 Status Looking at new sites for well. We received ADEC Grants, and the funds have been appropriated. Looking at Beaver Loop Road near sewer interceptor line. STIP KK DOT- Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles...Design FFY 02 & 03, ROW 04, Utilities 06, & Construction 06 with total cost $4 million. STIP KK DOT- Kenai River Flats Interpretive Site This is the rest stop and Birch Island Faciltiy near the Warren Ames Bridge. Design 04, Utilities 06, Construction 06. Total $1.9 million. STIP KK DOT- Kenai Spur Unity Trail Pathway Pedestrian/bike pathway along Kenai Spur from MP 2.8 to 8.2. Alaska Roadbuiders completed the steel casing across Beaver Creek near ROW for future water main. Alaska Roadbuiiders was Iow bidder at $2,138,117. If they can get the ROW near Eagle Rock, they would like to pave the entire path at the same time. A status report has been requested from DOT. We have not received a reply back from DOT. Tuesday, April 29, 2003 Page 3 of 3 MAKE PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEE~N~ DATE: Mayor~Council // Attorney /~ToyIor/,Sprin~er/Kebschull Clerk / city Mano~er Police Deportment . Finance ~En~inee~ Senior Cente~ Airport Library ~ Parks & Recreation Clarion Fi~e Department Blaine ~ilman A6ENDA DISTRIBUT]:ON Sewe~ T~eatment Plant Streets Shop bock Buildin~l Maintenance Animal Control Water/Sewer Counter DELIVER Council Packets to Police Department Dispatch desk. The Clarion & Gilman's Office will pick their packet up at City Hall. The portion of the agenda published by the Clarion should be foxed os soon as possible after Noon on pocket day. The camera-ready agenda (c:/myfiles/documents/minutes/ogendo form for paper) is emoiled to the Pen/nsu/a ~/ar/on (at emoil Contacts) and o copy is foxed to Denise at the ~/ar/on also. Home Parle 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.