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2008-03-05 Council Packet
AGENDA `\\ ENAI CITY COUNCIL -REGULAR MEETING ~,; _ MARCH 6, 2008 ~+ 7:00 P.M. ~„ory o/ KENAI CITY COUNCIL CHAMBERS xtxararasxa htto://www.ci.kenai.ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Rick Baldwin, Chair, Kenai Economic Development Strategy Team --Update. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker) 1. Ordinance No. 2269.2007 --Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. 2. Substitute Ordinance No. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. 3. Ordinance No. 2281-2008 --Amending KMC 8.05 to Adopt the 2006 International Fire Code, First Printing. 4. Ordinance No. 2282-2008 --Amending KMC 14.20.160 (b)(8), KMC 14.20.161 (b)(5) and KMC 1A.20.170(b)(8) by Replacing the Reference to the Horizontal Propeny Regimes Act in AS 34.07 With a Reference to the Uniform Common Interest Ownership Act in AS 34.08. 5. Ordinance No. 2283-2008 -- Increasing Estimated Revenues and Appropriations by $7,060.76 in the General Fund to Pay for Police Training and Patrol Rifles. 6. Ordinance No. 2285-2008 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund and the Library Capital Project Fund for Architectural Services. 7. Resolution No. 2008.10 --Awarding a Sole Source Contract to Procomm Alaska LLC, 8. Resolution No. 2008-11 --Transferring $21,000 in the Airport Fund Training Facility Department for Facility Management. n the Amount not to Exceed $54,000 to Purchase Radio Equipment. 9. Resolution No. 2008-11 --Transferring $21,000 in the Airport Fund Training Facility Department for Facility Management. ITEM G: UNFINISHED BUSINESS -- None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding$15,000 3. *Ordinance No. 2284-2008 --Amending KMC 13.30.080 and KMC 13,40.020 to Allow for Public Safety, Maintenance, Repair, Upkeep and Cleanup Vehicle Access for Certain Beach Areas. 4. *Ordinance No. 2286.2008 --Amending the Salary Schedule in KMC 23.50.010 to Reclassify Police Officer Positions by Increasing the Range of the Positions and Changing the Step of Some Existing Employees Who will Receive a Flange increase and iviaking the Next Police Lieutenant an Exempt Employee Under KMC 23.10.030. 5. *Ordinance No. 2287-2008 --Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. 6. *Ordinance No. 2288-2008 --Amending Chapter 14.25 Landscaping/Site Plan Regulations Requiring Approval of Plans Before Clearing Any Land, Requiring Buffer Separation Between Commercial and Residential Uses, Extending the Completion Time to Two Years and Providing that the Approval may be Revoked with Thirty Days Notice. 7. Discussion -- Draft Bear Resistant Garbage Container Ordinance 8. Discussion --Funding Request of Friends of the Library/Consultant for Coordinating Fundraising/Library Expansion. EXECUTIVE SESSION --None Scheduled ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at htto:!/www.ci.kenai.ak.us. Carol L Freas, City Clerk D924/211 MAKE PACK l' COUNCIL PACKET ®ISTRIBUTION I COUNCIL MEETING DATE: ~ "~- ~--~)`7~ Ma or/Council Attorne Ta for/S tin er Clerk ~ Cit Mnna er ~/ Kebschull/Carver Police De artment Finance En inset ~ Senior Center ~-' Air ort Kim Librar }/ Parks & Recrention Clarion Fire De artment i/ Schmidt ~~"., Student Re . ~/ KSRM AGENDA DISTRIBUTION I Sewer Treatment Plant I I Strzets Sho Dock Building Maintenance Animal Control I Water/Sewer ~ ~ Counter DELIVER Council and Student Representative Packets to Police Deportment Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emniled ns soon ns possible on packet day. The camern-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsu/o C/arion (at email folder Work Session/Special Meetings, or Composition in Contacts or IbeIIC`~ncsalaska.net}. Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usunlly emailed to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinanees for public hearing, etc. on the city's webpage ns soon ns possible before leaving the office for the weekend. MARIiH Sy 2®®~ REGULAR COUNCIL MEETYNG REQUESTED ADDITIONS TO THE PACKET REQUESTED BY: CHANGE: ITEM E-2 to ITEM E-la Deputy City Clerk ADD TO: ITEM E-6: Ordinance No. 2285-2008 -- City Attorney a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. 'Motion for Adoption REPLACEMENT: ITEM E-9: Resolution No. 2008-12 -- City Manager Facility Management Agreement for Alaska Fire Training Center CONSENT AGENDA No Changes. Notes• w 0 ~I d ~s d u: O C9 z W W J U Z O U ~ W Z ~ ~ Z W p O W W ~ ~ . ~ fly J ~' ~ Q Q ~ =°~m°°c~nai® ~W I> I~ v C7 } ~wW~ Z O W W Z J ~ ~' J ~ ~ ~ ~ ~ Q ~ Q =~~mac~'i~c~nw' 9 i Z p W W ~ Z ~ ~ p ~ ~' (n (n J J J } F- ~' ~ Q J Q Q ~ ~ m ~ ~ ~ = c n c n w ~~ > ~~, ~ N Z O W W Z ~ p ~ (n J J I- ~ J ~ ~ m O ~ ~ = a . c n t W Z p W W ~ Z J ~ p ~ ~ U.1 ~ J J ...l y' f-' ~ ~ Q J sC (L' p ~ ~ m ~ ~ ~ = u i c n w \~ C~ } ~ ~ w W w C9 Z ~ (n O J W J W 'r- z ~ J J ~ ~ 0 0 0 0 0 ~S ~ ~I = rt ~ m a cn cn w w ~~ ~~ ~ ~„ 0 ~I d a V Z 0 W W ~ Z J ~ ~ ~ J = ~ ~ ~] d (n C~ W r C Ur Z n ~- O W R' W W Z ~ } J J D ' ~ 0 0 ~ 0 J 0 N 0 Q ~ ~ ~ ~ S ~ ~ C~ d CA (~ W LL. 0 Z W W U Z O U Z ~O W W ~ Z J ~ p'. ~ Cn ~ J ~- ¢ J ~' ~ 0 0 0 0 0 ~ ~ ~ = ~ ~ 0~ ~ (n (O W', .~ r G Z fn ~ w W I- Z ~ ~ J p ~ ~ Q U~ O J -~ O J ?- O ~ O ¢ ~ Q rG ~ _I S ~ ~ f.Yi d fn Cn W z ~" ~ ~ z W w o _ O W W ~ J 0 0 0 0 0 ~ ~ ~ 5 ~ ~ ~] d (n (A W G ~ w Z ~ Cn ~ J w J W I- Z ~' J J 0 N (/) J Y ~' Q Q ~ = ~ ~ m ~ cn cn w ~ ~~ TESTIMONY SIGN-IN SKEET NAME ORGANIZATION RESIDENCE ADDRESS/ ~ IF PFIONE NUMBER CYTY RESIDENT / I rti~ ' ~ ~ C ~ ~e ~ p'L./„~ > [/ ~ ~ J ~_ _ ~.._ v L'V l L ~/ (. ~ ' tTi.J • ~ ~1 ///~/q ' ` / ~' J 1 / t C. f / { 1 ~ n- g F y n, ~ ~,-,fat, 1 ~~~~~e~( ~1~~~. l n ` I~ f l "7C-_'C° `~. ``, Zvi ti ~ .fii._- ~., ~7 r 4a~° ~ r/~~~ ~~ ~ ~ylr~''!J' ' , ~ ~ v.# ,~~..P j gym-. ol/ i c~f1 ~1~'t~ f~,7 ~ t f ` ( ~ ~ l AGENDA KENAI CITY COUNCIL -REGULAR MEETING March 5, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us %TEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Ro11 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. YTEM 8: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Rick Baidwin, Chair, Kenai Economic Development Strategy Team -- Update ..................................................... ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) YTEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.] 1. Ordinance No. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business .................................... 1 2. Substitute Ordinance No. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business........... • • • ' ' ' ' • • • 13 ........................ 3. Ordinance No. 2281-2008 -- Amending KMC 8.05 to Adopt the 2006 International Fire Code, First Printing ................................ 21 4. Ordinance No. 2282-2008 -- Amending KMC 14.20.160 (b)(8i, KMC 14.20.161(b)(5) and KMC 14.20.170(b)(8) by Replacing the Reference to the Horizontal Property Regimes Act in AS 34.07 With a Reference to the Uniform Common Interest Ownership Act in AS 34.08 .......................... 45 5. Ordinance No. 2283-2008 -- Increasing Estimated Revenues and Appropriations by $7,060.76 in the General Fund to Pay for Police Training and Patrol Rifles ................................................ 49 6. Ordinance No. 2285-2008 -- dncreasing Estimated Revenues and Appropriations by $15,000 in the General Fund and the Labrary Capital Project Fund for Architectural Services .............................. 51 7. Resolution No. 2008-10 -- Awarding a Sole Source Contract to Procomm Alaska LLC, in the Amount not to Exceed $54,000 to Purchase Radio Equipment .................................................... 53 8. Resolution No. 2008-11 -- Transferring $21,000 in the Airport Fund Training Facility Department for Facility Management .......................... 55 9. Resolution No. 2008-12 -- Awarding a Professional Services Contract to Beacon Occupational Health and Safety Services, Inc. for Management of the Fire Training Facility ............................................ 57 10. *Liquor License Renewals -- Fraternal Order of Eagies #3525 -- Club License #337 Upper Deck -- Beverage Dispensary License #2993 American Legion Post #20 -- Club License #1380 Little Ski Mo -- Restaurant/Eating Place License #1774... 69 ITEM F: MINUTES 1. *Regular Meeting of February 20, 2008 ............................... 73 2. *Notes of February 20, 2008 Council Work Session ...................... 87 ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified ............................................... 89 2. Approval of Purchase Orders Exceeding $15,000 ....................... 91 3. *Ordinance No. 2284-2008 -- Amending KMC 13.30.080 and KMC 13.40.020 to Allow for Public Safety, Maintenance, Repair, Upkeep and Cleanup Vehicle Access for Certain Beach Areas ..................................... 93 4. *Ordinance No. 2286-2008 -- Amending the Salary Schedule in KMC 23.50.010 to Reclassify Police Officer Positions by Increasing the Range of the Positions and Changing the Step of Some Existing Employees Who will Receive a Range Increase and Making the Next Police Lieutenant an Exempt Employee Under KMC 23.10.030 ........................................... 95 5. *Ordinance No. 228'7-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Secflon Restricting the Use or Storage of Conex- Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit....... 107 6. *Ordinance No. 2288-2008 -- Amending Chapter 14.25 Landscaping/Site Plan Regulations Requiring Approval of Plans Before Clearing Any Land, Requiring Buffer Separation Between Commercial and Residential Uses, Extending the Completion Time to Two Years and Providing that the Approval may be Revoked with Thirty bays Notice .............................. 109 7. Discussion -- Draft Bear Resistant Garbage Container Ordinance.......... 117 8. Discussion -- Funding Request of Friends of the Library/Consultant for Coordinating Fundraising/Library Expansion .......................... 133 ITEM I: COMMISSION/COMM%TTEE REPORTS 1. Council on Aging .......................... ..................... 2. Airport Commission ............................................. 145 3. Harbor Commission ............................................. 4. Library Commission ............................................ . 5. Parks Sv Recreation Commission ................................... 149 6. Planning & Zoning Commission ................................... . 7. Miscellaneous Commissions and Committees a. Beautification Committee ...................................... . b. Alaska Municipal League Report ...................:............ . c. Mini-Grant Steering Committee ................................................................. ITEM .I: REPORT OF THE MAS'OR ITEM K: 1. City Manager .................................................. 157 2. City Attorney ................................................. . 3. City Clerk ..................................................... 161 ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLAT%ON (This item lists legislation which will be addressed at a later date as noted.) EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT Suggested by: Chief Kopp CYTY C9F KENA% ORDINANCE N®. 2269-200? AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING CHAPTER 5.40 OF THE KENAI MUNICIPAL CODE ESTABLISHING A LICENSING PROCEDURE FOR PAWNBROKERS AND REGULATING HOW PAWNBROKERS CONDUCT BUSINESS. WHEREAS, the. City of Kenai does not currently require pawnbrokers operating in the city to be licensed; and, WHEREAS, the City of Kenai does not currently regulate the business practices of pawnbrokers; and, WHEREAS, the only pawnbroker operating within the city limits recently closed, but it is anticipated a pawnbroking business will return to the city at some time in the near future; and, WHEREAS, while the majority of pawnbrokers are legitimate businesses operating lawfully, regulating pawnbrokers is very helpful in tracing and recovering stolen property because thieves will often attempt to sell stolen property to pawnbrokers; and, WHEREAS, it is in the best interest of the City of Kenai to enact Kenai Municipal Code Chapter 5.40 licensing and regulating pawnbrokers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 5.40 is enacted as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITX OF KENAI, ALASKA, this fifth day of March, 2008. PAT PORTER, MAYOR ATTEST: Cazol L. Freas, City Clerk Introduced: November 7, 2007 Postponed to: December S, 2007 Postponed to: February 6, 2008 Postponed to: March 5, 2608 Adopted: March 5, 2008 Effecfive: April 5, 2008 Chapter 5.40 Pawnbrokers 5.40.010 Pawnbrokers--License. {a} Required. No person may engage in the business of Lending money on security of personal property physically taken and held, or purchasing articles of personal property and reselling or agreeing to resell the articles to the vendor or an assignee at a price agreed upon at or before the time of purchase, without first having obtained a pawnbroker's license firorn the City Clerk. For the purposes of 5.40, personal property shall not include intangible personal property. Intangible personal properly is defined as personal property that has no physical existence such as claitns, interest, rights and titles to personal property including but not limited to motor vehicle titles. (b} Oualaftcations of pawnbrokers and employees. A pawnbroker and every Berson employed by a pawnbroker shall: (1) Be 18 years of age ar older except that minors under 18 years of age may be employed by paNnlbrokers in work that does not involve determination of customer identity, receiving property, and executing loans and pledges. All employment of minors must be in conformity with state and federal child labor laws. (2) Not have been convicted of a crime involving larceny, theft', receiving and. concealing stolen property, dealing with illegally obtained property or involving misrepresentation or fraud within five years prior to the date of application or employment, or be on probation or parole for any such offenses. (c) Application. An applicant for a pawnbroker's'license shall describe nr his/her application the teens and conditions of the Iending agreement used or intended for use, including the time period allowed. far redemption of articles, the rate or amount of interest or other charge made for the use of money lent, and the manner in which the terms are identiftad for redemption. The terms and conditions of lending agreement are not public record. (d) Bond An applicant for a pawnbroker's license shall tale a bond in the amount of $[2]5,000.00 with the initial application. The bond shall be conditioned on the licensee's compliance with Title Chapter 5.40 and all applicable laws. (e) Location of business. A pawnbroker's license shalt be issued only for a single location, to be spccLiicd on the LiCeiaSe. 5.40.020 Pawnbrokers--Conduct of business. (a) Hours. A pacvnbroking establishment may be open for the transaction of bushress only between the hours of 8:00 a.m. and 10:00 p.m. (b) Connection with premises selling or dispensing alcoholic beverages. A pawnbroker may not have his business premises within or connected by any means of ingress with premises occupied by an establishment selling or dispensing alcoholic beverages. (c) Record af'articles pawned or pur^chased A pawnbroker shall complete a separate card for each pawn transaction which shall contain the following information: (1) The name o'f the pawnbroker and the pawn number. {2) The article pawned ar purchased; including the manufacturer, serial number, caliber, model number, if available, and other identifying description. (3) The date and time of the transaction. (4} The name, address and the military serial number or driver's license number or identification number of other government issued photo identification of rho customer. Attachmemi "A" Ordinance 2269-2007 Substitute February 6, 200R Page 1 of 3 2 (S) The physical description of the customer, Including his age, height, weight, race; and color of hair and eyes. (6) The signature of the customer from whom property was pawned or purchased and a notation by the licensee of the paper, document yr license with which the pawnbroker compared the signatw~e. (7} The name and address of each person to whom. a pawned or purchased item is conveyed, and a description of the item. (d) Reports to police. The licensee shall make a weekly report to the Chief of Police summarizing all transactions. The report shall be Unless otherwise provided. wider state taw, the weekly reports are not public records. (e) Retention of records. The records required by this section shall be retained by the licensee for a period ofnat less than one year. (~ Duties upon natificalzan that property has been reported stolen. Upon receipt of written notification. by a police officer that the particular item of property in possession of a pawnbroker has been reported stolen, a pawnbroker: (1) Is presumed to know or have reason Co know, that the item is lost, mislaid, or stolen; (2} May not sett, transfer, or otherwise dispose of the property except. upon: (i) Expiration of a 60-day period within which a person elaiining entitlement Co the property may request return of the property and such request is denied the pawnbroker shall, within 30 days of the denial, request a hearing before the Police Chief pursuant to subsection (g}(2) of this section and hold the property for disposal in accordance with the Police Chief's order; or (ii) An order of the Pofice Chief folIovtring a hearing requested under subsection {g)(2) of this section; and (3} Must take reasonable measures to restore the property to a person entitled to have it. (g). Reasonable measures. For the purposes of this section reasonable measures shall be either: {I) Return of the item to the person entitled to have it upon request, accompanied by evidence of ownership, of that person; or (2) Submission of a request for an administrative hearing before the Police Chief to determine who is entitled to have tixe properly, if an itEn] is r..ferred far hearing under this subsection the Police Chief may review copies of police reports relating to the property to assist in determination of the matter. The burden of proof at such a hearing shall be on the party claiming a legal interest. The Police Chief's decision shall be limited to determining whether any party has estab}ished its right to the item by a preponderance of the evidence. If no party is able to prove its right to the item by a preponderance of the evidence, the property shall be returned to the licensee. Except while the matter is pending on appeal, failure of a pawnshop to comply with the orders of the Police Chief shall result in immediate revocation of the pawnbroker's license. (h) Request for a determination. A request fox a determination by the Police Chief under subsection (g}(2} of this section shall include an assertion by the pawnbroker that either: (1) The person requesting the property is not entitled to have it; {2) The pawnbroker has a superior clahn to the property; or {3) The pawnbroker lacks sufficient information *w determine whether the person requesting the property is entitled to have it. (i) Failure to return fee. Failure of a pawnbroker to either return the property to the person entitled to have it upon request of that person, or request an administrative hearing within 30 Attachment"A"Ordinance 2269.20075ubstitote FeUruary 6, 2008 Page 2 0!'3 3 days of denying the request of a person for the property shall result in suspension or revocation of the pawnbroker's license. {j) Failure to request return ofproperty within time period. If no person requests return. of the property within the time period provided in subsection (f)(2) of this section, the licensee does not have to request a hearing and may sell, transfer, or dispose of the property. Por the purposes of an administrative hearing, evidence of ownership includes, but is not limited to, timely fled complaints or police reports of stolen property; local, state or national police infomaation data bases; documents ui possession of the police department; license or property identification numbers; markings on the property; appraisals, photographs, or other similar indicia of ownership. 5.40.030 Pawnbrokers--Prohibited acts, (a) A licensee may not purchase or receive an article from a person under the age of 18 years or from a person I & years of age or older who purchased or received the article from a person under I & years of age for the purpose of pawning it. (b) A licensee may not purchase or pawn an article if the licensee has knowledge of facts that would create a belief in a reasonable man that the article may have been stolen, embezzled or otherwise illegally obtained. (c) A licensee may not purchase or pawn property from a person who is or appears to be under the influence of drugs or intoxicating beverages. (d} Property purchased, by a licensee or acquired by expiration of a redemption period may not be resold, entered into stock or removed frotn the premises specified on the pawnbroker's license for a period of 30 days after such property has been reported to the Chief of Police pursuant to Section 5.4U.020(d). 5.40.040 Rvvocafion of license. (a) If at any time the licensee is found to have violated any of the ordinances of the city or the Laws of the state or the United States; ar fails to comply with requirements of this Chapter; or makes a false statement in his/her application; or at any time fails to meet those qualifications required to obtain a license, me license may be revoked. (b) Whenever there is a reason to believe the license should be revoked, the Police Chief shall. serve notice upon the licensee that a hearing will be held. before the Police Chief for the purpose of determining whether the license should be revoked. If the Police Chief determines that the license shall be revoked, the licensee may appeal to the city council within 15 days from the date the licensee receives notice of the decision pursuant to KMC 14.20.290. Attachment "A" Ordinance 2269-2007 Substitute February 6, 2008 Page 3 ot" 3 4 tC~nai P~iic~ D~poartenent Memorandum To: Mayor Porter and Council Thru: Rick Koch, City Manager Frn: Chuck Kopp, Chief of Police Cc. Cary Graves, City Attorney Date: 1/31/2008 Re: Ordinance 2269-2007 The attached Ordinance proposal for rules and regulations regarduig operation of Pawnshops in the city limits of Kenai has been refined from its introductory version at the December 5, 2007 Council meeting, After public comment and Council. input, the ordinance was postponed at the request of Council to the February 6, 2008 meeting. On 12/20J2007 I met with Norm Blakely at his pawnshop, Alaska Trading Company & Loan, 35440 Kenai Spur Hwy, Soldotna. ~t%e reviewed the Ordinance together in detail, and discussed general pawnshop operations and business practices. As a resuk of this meethng, and in consultation with the City Attorney, the following changes were made to the original draft Ordinance regulating pawnbrokers. 5.40.010(b) Qualifications of pawnbrokers and employees. The requirement that minors not be allowed to do work involving "sales transactions" was deleted, as much of what pawn businesses do is the same as a general merchandise stare where people come in and shop for various sundry items. 5.40.010(c) Application. This section speaks to the terms and conditions of the lending agreement. There was a business concern that the Ordinance clarify this was not a public record. Language was added that states, "Unless otherwise provided under state law, the terms and conditions gf'lending agreement are not public record " 5.40.010(d) Bond. The draft Ordinance required a $25,000.00 bond with. the initial application. There was a concern that a $25,000.00 bond was excessive for a pawnshop. The new bond amount in the proposed Ordinance is $5,000.00. o Page t 5 5.40.020(c) Record of articles pawTaed or purchased. The draft Ordinance required every article pawned to he individually documented Gn separate pawn transaction cards. This would have included CDs, music cassettes and similar high quantity/low value items. Ta address this administrative burden, the current proposed Ordinance allows far these types of transactions and states that "a pawnbroker shall complete a separate card for each [A.RTICLE PAWNED OR PURCHASED,.) pawn transaction which shall contain the .following informaton: ". 5.40.020(e)(2) requires pawnbrokers collect certain information. on property pawned or purchased, including the manufacturer, serial number, caliber, model. number and other identifying description. The concern with this language was that it is not always possible to lacate a serial ar modal Ivamber of an article. The current proposed Ordinance inserts the qualifying words "if available "after "model number". 5.40.020(c)(4) requires pawnbrokers to document on the pawn transaction card the name, address and the military serial number or driver's license rmrnber of the customer. The questian was raised about the acceptability of other government issued photo ID. The current propased Ordinance adds the words "or identification number of other governmerzC issued photo identification of the customer." 5.40.020(4) Reports to police. There was a business concern that the Ordinance clarify this was not a public record. Langnlage was added that states, "Unless otherwise provided under state law, the weekly reports are not public records. " 5.40.020(j) Finder's fee, reward, etc. The original draft Ordinance stated that a pawnbroker is not entitled to a finder's fee or other reward nr compensation from the righ~l owner of.rtolen property fomzd in the pawnbroker's possession unless ordered by the Police Chief upon a finding that it is warranted This section was deemed to be problematic to the business interest of the pawnshop, and it was agreed that civil TemedlOS are m place to address ITIalCliig lire frawuai.~vj~ vw~ier whGia. L. .,`y' ..».~ .~..~ money on a stolen property transaction. The current Ordinance deletes this section. 5.40.030(b) draft Ordinance language states that a licensee may not purchase or pawn an article if the customer cannot provide proof of ownership of the article or if the licensee Yuxs knowledge of facts that would create a belie f in a reasonable man that the article may have teen stolen, embezzled or otherwise illegally obtained. The business concern is that it is sometimes difficult to provide proof of ownership of guns, tools, and other personal. possessions. Often these items have been purchased secondhand from other private persons. To allow for these types Gf transactions, new proposed language states that a licensee may not purchase or pawn an article (IF THE CUSTOMER CANNOT PROI~IDE PROOF OF OW_7~rERSHIP OF THE ARTICLE ORJ ifthe licensee has knowledge offsets that would create a belief in u reasonable man that the article may have been stolen, embezzled ar otherwise illegally obtained e Page 2 G 5.40.050 Fees. The original ordinance required. a $100.00 business ]icense fee. The new prapased Ordinance deletes the fee entirely, as we do not customarily charge a fee for other business licenses. G~~ith the closure of Kenai Pawn this past summer; the City has a unique opportunity to enact this Ordinance without retroactive impact to a local. business owner. This proposed pawnshop ordinance would require owners to keep legible records and provide the records to the Kenai Police Department weekly. The Ordinance does not require a business owner to reveal sales data and orprofit/loss information, only identifying information regarding the person pawning property and. the property being pawned. This Ordinance will enhance a good working relationship with future pawnshop businesses in Kenai and provide better protection to the public from property theft. m Page 3 Chapter 5.46 Pawnbrokers 5.40.010 Pawnbrokers--License. (a} Requir^ed. No person may engage in the business of lending money on security of personal property physically taken and held, or purchasing articles of personal property and reselling or agreeing to resell. the articles to the vendor or an assignee at a price agreed upon at or bet"ore the time of purchase, without first having obtained a pawnbroker's license from the City CIerk. For the purposes of 5.40, personal property shall not include intangible personal property. htangible personal property is defined as personal property that has no plrysical existence such as claims, interest, fights and titles to personal properiq including but not limited to motor vehicle titles. (b} Qualifrcations of pawnbrokers and employees. A pawnbroker and every person employed by a pawnbroker shall: (1) Be I8 years of age or older[; and] except that minors under 1$ veers of gee may be emnloved bypawnbrokers in work that does not involve determination of customer identity, reeceivina property and exeentinv loans and pledees All emplovment of minors must be m confa__rmity with state and federal child labor laws. (2} Nat have been convicted of a crime involving larceny, theft, receiving and concealing stolen property, dealing with illegally obtained. property or involving misrepresentation or fraud within five years prior to the date of application or employment, or he on probation or parole for any such offenses. (c) Application. An applicant for a pawnbroker's license shall describe in his/her application the teens and conditions of the lending agreement used or intended for use, including the time period allowed for redemption of articles, the rate or amount of interest or other charge made for the use of money lent, and the matuter in which the terms are identified for redemption. Unless otherwise provided under state law the terms and conditions of lending agreement aze not uublic retard. {d) Bond. An applicant for a pawnbroker's license shall file a bond in the atnount of $(2]5,000.00 with the initial application. The bond shall be conditioned on the licensee's compliance with Title Chapter 5.40 and all applicable laws. (e) Location of business. A pawnbroker's license shall be issued only for a single location, to be specified on the license. 5.40.020 Pawnbrokers--Conduct of business. (a} Hours. A pav~mbroking establishment may be open for the transaction of business anly between the hours of 8:00 a.m. and 10:00 p.m. {b) Connection with premises selling or dispensing alcoholic beverages: A pawnbroker may not have his business premises within or connected by any means of ingress with premises occupied by an establishment selling or dispensing alcoholic beverages. (c) Record of articles pcnvned nr purchased. A pawnbroker shall complete a separate card. for each [ARTICLE PAWNED OR PURCHASED,] Hawn transaction which shall contain the following information: (1) The name of the pawnbroker and the pawn number. (2) The article pawned or purchased, including the manufacturer, serial number, caliber, model number if available and other identifying description. (3) The date and. time of the transaction. (4) The name, address and the military serial number or driver's license number or identification number of other aovermnent issued photo identification of the customer. Attacfinment "A'° Ordinance 22C>9-2007 Legislative formaUsubstitute February G, 2008 Page I of 4 8 (S) The physicat description of the customer; including his age, height, weight, race, and color of hair and eyes. (6} The signature of the customer from whom property was pa~med or purchased and a notation. by the licensee of the paper, document or license with which the pawnbroker compared the signature. (7) The name and address of each person to whom a pawned or purchased item is conveyed, and a description of the item. (d) Reports to police. The licensee shall make a weekly report to the Chief of Police summarizing all trazisactions. The report shall. be ou a form provided by the police department or any format acceptable to the police department. Unless otherwise provided under state law the weekly reports are not public records (e) Retention of records. The records required by this section shall be retained by the licensee for a period of not less than one year. {f) Duties upon notification that property has been reporfed stolen. Upon receipt of written notification by a police officer that the particular item of property in possession of a pawnbroker has been reported stolen, a pawnbroker: (l} Is presumed to know or have reason to know, that the item is lost, mislaid, or stolen; (2} May not sell, transfer, or otherwise dispose of the property except upon: (i) Expiration of a 60-day period within which. a person claiming entitlement to the property may request return of the property and such request is denied the pawnbroker shall, within 30 days of the denial, request a hearing before the Police Chief pursuant to subsection {g}(2) of this section and hold the property for disposal in accordance with the Police Chief s order: or (ii) An order of the Police Chief following a hearing requested under subsection (g)(2) of thss section; and (3) Must take reasonable measures to restore the property to a person entitled to have it. (g) Reasonable measures. Por the purposes of this section reasonable measures shall be either: (1) Return of thertem to the person entitled to have it upon request, accompanied by evidence of ownership; of that person; or (2) Submission of a request for az1 administrative hearing before the Police Chief to determine who is entitled to have the property. If an item is referred for hearing under this subsection the Police Chief may review copies of police reports relating to the property W assist in determination of the matter. The burden of proof at such a hearing shall be on the party claiming a legal interest. The Policy Chief's decision shall ba limited to determining whether any party has established. its right to the item by a preponderance of the evidence. ]f no party is able to prove its right to the item by a preponderance of the evidence, the property shall be returned to the licensee. Except while the matter is pending on appeal, failure of a pawnshop m comply with the orders of the Police Chief shall result in immediate revocation of the pawnbroker's license. (h) Request for a determination. A request for a determination by the Police Chief under subsection (g)(2) of this section shall include an assertion by the pawnbroker that either: (1) The person requesting the property is not entitled to have it; (2) The pawnbrroker has a superior claim to the property; or (3) The pawnbroker Iacks sufficient information to determine whether the person requesting the property is entitled to have it. Atzachmn~ent "A" Ordinznce 2269-2007 Legislative formaVsubstitute February 6, 2QOS Page 2 of 4 9 (i} Failure to return fee. Failure of a pawnbroker to either return the property to the person entitled to haven upon request of that person, or request an administrative hearing within 30 days of denying the request of a person for the property shall result in suspension or revocation of the pawnbroker's license. [(J) FINDERS FEE, REWARD, ETC. A PAWNBROKER IS NOT EN'T'ITLED TO A FIIvTDER'S FEE OR OTI-TER REWARD OR COMPENSATION FROM THE RIGHTFUL OWNER OF STOLEN PROPERTY FOUND IN THE PAWNBROKER'S POSSESSION UNLESS ORDERED BY THE POLICE CHIEF UPON A FINDING THAT IT IS WARRENTED.] fJ.2 [(k}] Failure to request returrx of property within time period. If no person requests return of the properly within the time period provided in subsection (f}(2) of this section, the licensee does not have to request a hearing and may sell, transfer, or dispose of the prapet`ty. For the purposes of azi administrative hearing, evidence of ownership includes, but is not limited to, timely filed complaints or police reports of stolen property; local, state or national police information data bases; documents in possession of the police department; license or propert}+ identification numbers; markings on the property; appraisals, photographs, or other similar indicia of ownership. 5.40.630 Pawnbrokers--Prohibited acts. (a) A licensee may not purchase or receive an article from a person under the age of 18 years or from a person 18 years of age or older who purchased or received the article from a person under 18 years of age for the purpose of pawning it. (b) A licensee may not purchase or pawn an article [IF THE CUSTOMER CANNOT PROVIDE PROOF OF OWNERSHIP OF THE ARTICLE OR] if the licensee has knowledge of facts that would create a belief in a reasonable man that the article may have been stolen, embezzled or otherwise illegally obtained. {c} A licensee may not purchase or pawn property from a person who is or appears to be under the influence of drugs or intoxicating beverages. (d} Property ptuchased by a licensee or acquired by expiration. of a redemption period may not be resold, entered into stock or removed from the premises specified on the pawnbroker's license for a persod of 30 days after such property has been reported to the Chief of Police pursuant to Section 5.40.020(d}. 5.40.040 Revocation of license. (a) If at any time the licensee is found to have violated any of the ordinances of the city or the laws of the state or the United States; ar fails to comply with requiremems of this Chapter; or makes a false statement in hislher application; or at any time fails to meet those qualifications required to obtain a license, the license may be revoked. (b) Whenever there is a reason to believe the license should ba revoked, the Police Chief shall serve notice upon tha licensee that a hearing will beheld before the Police Chief for the purpose of determining whether the license should be revoked. If the Police Chief determines that the license shall be revoked, the licensee may appeal to the city council within i5 days from the date the licensee receives notice of the decision pursuant to KMC 14.20.290. [5.40.050 FEES THE FEES FOR PAWNBROKERS ARE AS FOLLOWS: (1) APPLICATION FEE, FOR EACH NEW APPLICATION $100. Attachmment "A" Ordinance 22(9.2067 t.,egistative formaUsubstitute I'ehruarp 6, 2008 Page 3 of 4 10 (2) RENEWAL APPLICATION, EVERY TWC71'EARS $100.'J Attachmment "A" Ordinance 2264-2007 Legislative £orrna[/substitute February 6, 2(N78 Pace 4 of 4 11 SUBSTITUTE Suggested by: Chief Kopp CITY QF KENAI ORDINANCE NO. 2269-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAi, ALASKA, ENACTING CHAPTER 5.40 OF THE KENAI MUNICIPAL CODE ESTABLISHING A LICENSING PROCEDURE FOR PAWNBROKERS AND REGULATING HOW PAWNBROKERS CONDUCT BUSINESS. WHEREAS, the Gity of Kenai does not currently require pawnbrokers operating in the city to be licensed; and, WHEREAS, the City of Kenai does not currently regulate the business practices of pawnbrokers; and, WTiEREAS, the oniy pawnbroker operating within the city limits recently closed, but it is anticipated a pawnbroking business will return to the city at some time in the near future; and, WHEREAS, while the majority of pawnbrokers are legi$mate businesses operating lawfully, regulating pawnbrokers is very helpful in tracing and recovering stolen praperty because thieves will often attempt to sell stolen property to pawnbrokers; and, WHEREAS, it is in the best interest of the City of Kenai to enact Kenai Municipal Code Chapter 5.40 licensing and regulating pawnbrokers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 5.40 is enacted as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of March, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: November 7, 2007 Postponed to: December 5, 2007 Postponed to: February 6, 2008 Postponed to: March 5, 2008 Substitute: March 5, 2008 Adopted: March 5, 2008 Effective: Apri15, 2008 13 Chapter 5.40 Pawnbrokers 5,40.010 Pawnbrokers--License. (a) Required No person may engage in the business of lending money on securiiy of personal property physically taken and held, or purchasing articles of personal property and reselling ar agreeing to resell the articles to the vendor or an assignee at a price agreed upon at or before the time of purchase, without first having obtained a pawnbroker's license From the City Clerk. Far the purposes of 5.40, personal property shall not include intangible personal property. Intangible personal property is defined as personal property that has no physical existence such as claims, interest, rights and titles to personal property including but not Iimited to motor vehicle titles. (b) Qualifications of pawnhrolrers and employees. A pawnbroker and every person employed by a pawnbroker shall: (1} Be 18 years of age or older except that minors under 18 years of age may be employed by pawnbrokers in work that does not involve determination of customer identity, receiving property, and executing loans and pledges. All employment of minors must be in conformity with state and federal child labor laws. (2) Not have been convicted. of a crime involving larceny, theft, receiving and concealing stolen property, dealing with ilIegaliy obtained property or involving misrepresentation. or fraud within five years prior to the date of application or employment, or be on probation or parole for any such offenses. (c} Application. An applicant for a pawnbroker's license shall describe in his/her application the terms and conditions of the lending agreement used or intended for use, including the time period allowed far redemption of articles, the rate or amount of interest or other charge made for the use of money lent, and the manner in which the terms are iderttified for redemption. The terms and conditions of lending agreement are not public record. (d) Bond An applicant for a pawnbroker's license shall file a bond in the amount of $[2]5,000.00 with the initial application. The bond shall be conditioned an the licensee's compliance with Title Chapter 5.40 and all applicable laws. (e} Location of business. A pawnbroker's Iicense shall be issued only for a single location, to be BpeLifed Gii the iiCcnsc. 5.40.020 Pawnbrokers--Conduct of business. (a) Hours. A pawnbralting establishment may be open far the transaction of business only between the hours of 8:00 a.m. and 10:00 p.m. (b} Connection with premtires selling or dispensing alcoholic beverages. A pawnbroker may pat have his business premises within or connected by any means of ingress with premises occupied by an establishment selling ar dispensing alcoholic beverages. (c) Record of articles pawned or purchased A pawnbroker shall complete a separate card far each pawn transaction which shall contain the following information: (1} The name of the pawnbroker and the pawn number. (2) The article pawned or purchased, including the manufacturer, serial number, caliber, model number, if available, and other identifying description. (3} The date and time of the transaction. (4} The name, address and. the military serial number or driver's &cense number or identification number of other government issued photo identification of the customer. Atlaclunent "A" Ordinance 2269-2007 Sabstitute RRatch 5,2008 Page I of 4 14 (5) The physical description of the customer, including his age, height, weight, race, and color ofhair and eyes. (6) The signature of the customer from whom property was pawned or purchased and a notation by the licensee of the paper, document or License with which the pawnbroker compared the signature. (7) The name and address of each person to whom a. pawned or purchased item is conveyed, and a description of the item. (d) Reports to police. The licensee shall make a weekly report to the Chief of Police summarizing all transactions. Unless otherwise provided under state law, the weekly reports are not public records. (e) Retention of retards. The retards required by this section shall be retained by the licensee for a. period of not less than one year. (f) Duties upon natifzcation that property has been reported stolen. Upon receipt of written notification by a police officer that the particular item of property in possession of a pawnbroker has been reported stolen, a pawnbroker. (1) Is presumed to know or have reason to Irnow, that the item is re orted lost, mislaid, or stolen as of the date of receipt of the notice. (2) May not sell, transfer, or otherwise dispose of the property until [EXCEPT UPON:] [(I} EXPIItATIC7N OF A 60 DAY PERIOD ~?ITHIN WHICH A PER5C3N r. r> ,-> rr mn 'rrxr non V' an'f to GT CLniivuN~r nNTITL~ViEP~ i 1 v i i ri; i i.~,.PERT a MAY R..;.z U+,., + RETURN OF THE PROPERTY ANI} SUCH REQUEST IS DENIED THE PAVJNIiROKER SHALL WITHIN 30 DAYS OF THE DEI*TIAI.,, REQUEST A HEARING BEFORE THE POLICE CHIEF PURSUANT TO THE SUBSECTION (G}(2} OF THIS SECTION AND HOLD THE PROPERTY FOR DISPOSAL IN ACCORDANCE WITH THE POLICE CHIEF'S ORDER; OR (II} AN ORDER OF THE POLICE CHIEF FOLLOWING A HEARING REQUESTED U''~TDER SUBSECTION (G)(2} OF THIS SECTION AND (3) Must make reasonable measures to restore the property to a person entitle to have it. (g}. Reasonable measures. For the purposes ofthis section reasonable measures shall be either: (1) Return of the item to the person entitled to have it upon request, accompanied by evidence of ownership, afthat person; ar {2) Submission of a request for an administrative hearing before the Police Chief to determine who is entitled to have the property. If an item is referred far hearing under this subsection the Police Chief may review copies of police reports relating to the property to assist Attactuuent °a°° ord;usnce zz69-zoos snbstimte Ntarch 5, 2008 Page 2 of 4 15 reauest the uawnbroker shall request a hoarine before the Police Chief within 30 days of the in determination o£the matter. The burden of proof at such a hearing shall be on the parry claiming a legal interest The Police Chief's decision shall be limited to determining whether any party has established its right to the item by a preponderance of the evidence. If no party is able to prove its right to the item by a preponderance of the evidence,. the property sha(i be returned to the licensee. Aperson claimine an interest in th~roperty may appeal the Police C_hiefl s decision nursuant to KMC 14.20.290. Except while the matter is pending on appeal, failure of a pawnshop to comply with the orders of the Police Chief shall result in immediate revocation ofthe pawnbroker's license. (h} Kequesi for a determination. A request fora. determination by the Police Chief under subsection {g)(2) of this section shall include an assertion by the pawnbroker that either: {1) The person requesting the property is not entitled to have it (2) The pawnbroker has a superior olaim to the property; or {3) The pawnbroker lacks sufficient information to determine whether the person requesting the property is entitled to have it. (i) Failure to return fee. Failure of a pawnbroker to either return the property to the person entitled to have it upon request, acco~anied by evidence of ownership- of that person, or request an administrative hearing within 30 days of denying the request of a person for the property as required in subsection ( above shall result in suspension or revocation of the pawnbroker's license. {j} Failure to request return of property within time period Tf na person requests return of the property within the time period provided in subsection (f)(2) of this section, the licensee does not have to request a hearing and may sell, transfer, or dispose of the property. Far the purposes of an administrative hearing, evidence of ownership includes, but is not limited to, timely filed complaints or police reports of stolen property; local, state or national police information data bases; documents in possession of the police department; license or property identification numbers; markings on the property; appraisals, photographs, or other similar indicia of ownership. 5.40.030 Pawnbrokers--Prohibited acts. ~_~ n t; + H~~o .. a,• ~iCir .~1-an; a ^P*oan rh ear. of 1 R vparc nr ~a/ a uCerc6eL' may nay pur C.iuo....r reeelve an t,.,.., nnder e~ ..z,- - ~ - from a person 18 years of a.ge or older who purchased or received the article from a person under 18 years of age for the purpose of pawning it. {b) A licensee may not purchase ar pawn an article if the licensee has knowledge of facts that would create a belief in a reasonable man that the article may have been stolen, embezzled or otherwise illegally obtained. {c) A licensee may not purchase or pavan property from a person who is or appears to be under the influence of drugs or intoxscating beverages. (d} Property purchased by a licensee or acquired by expiration of a redemption period may not be resold, entered into stock or removed from the premises speoified on the pawnbroker's license for a period. of 30 days after such property has bean reported to the Chief of Police pursuant to Section 5.40.020(d). 5.40.040 Revocation of license. (a) If at any time the licensee is found to have violated any of the ordinances of the pity or the laws of the state or the United States; or fails to comply with requiremonts of this Chapter; or Attachment "A» Onlinance 2269-200'7 Suh~titute Yfarch 5, 2008 rage 3 of 4 16 makes a false statement in his/her application; or at any time fails to meet those qualifications required to obtain a license, the license maybe revoked. (b) Whenever there is a reason to believe the license should be revoked, the Police Chief shall serve notice upon the licensee that a hearing will be held before the Police Chief for the purpose of determining whether the license should be revoked. If the Police Chief determines that the license shall be revoked, the licensee may appeal to the city council within 15 days from the date the Licensee receives notice of the decision pursuant to KMC 1420.290. Attachment "A" Ordinance 2269-2007 Substitute Match 5, 2008 Page 4 of 4 17 FCerrai Relics ~artment Memorandum To: Mayor Porter and Council Thtu: Rick ICach, City Manager p Fm: Chuck Kopp, Chief of Police L~~' Cc Cary Cn~aves, City Attorney Date: 02/27/2008 Re: Ordinance 2269-2007 The current attached Ordinance (Attachment "A" Ordinance 2269-2007 Substitute) proposal for rules and regulations regarding operation of Pawnshops in the city limits of Kenai has been refined several times from its introductory version at the December 5, 2007 Council meeting. After public comment and Council input, the ordinance was postponed at the request of Council to the February 6, 2008 meeting. On. I2120(2007 I met with Norm Blakely at his pawnshop, Ataslca Trading Company & Loan, 35440 Kenai Spur Hwy, Soldotna. We reviewed the draft ordinance together in detail, and discussed general pawnshop operations and business practices. As a resuh of this meeting, and consultation with the City Attorney, the following changes were made to the original draft ordinance regulating pawnbrokers. 5.40.010(b) Quaycations of pawnbrokers and employees. The requirement that minors not be allowed to do work involving "sales transactions" was deleted, as much of what pawn businesses do is the same as a general merchandise store where people come in and shop for various sundry items. 5.40.010(c) Application. This section speaks to the terms and conditions of the lending agreement. There was a business concern that the Ordinance clarify this was not a public record. Language was added that states, "Unless otherwise provided sander state law, the terms and conditions of lending agreement are not public record " 5.40.010{d) Bond. The draft Ordinance required a $25,000.00 bond with the initial application. There was a concern that a $25,000.00 bond was excessive for a pawnshop. The bond amount in the proposed Ordinance is $5;000.00. • Page 1 1$ 5.40.020(c) Record of articles pmvned or purchased. The drab Ordinance required evez}r article pawned to be individually documented on separate pawn transaction cards. This would have included CDs, music cassettes and similar high quantity/low value items. To address this administrative burden, the current proposed Ordinance allows for these types of transactions and states that "a pawnbroker shall complete a separate card for each jARTICLE PAWNED OR PURCHASED,) pawn transactian which shall contain the ,following infoznzation.• ". 5.40.020(c}(2) requires pawnbrokers collect certain information on property pawned or purchased, including the manufacturer, serial number, caliber, model number and other identifying description. The concern with this language was that it is not always possible to locate a serial or mode4 number of an article. The current proposed Ordinance inserts the qualifying words if available after "model Number". 5.40.020(c)(4} requires pawnbrokers to document an the pawn transaction card the name, address and the military serial number or driver's license number of the customer. The question was raised about the acceptability of other government issued photo ID. The current proposed Ordinance adds the words "vr identifzcation number of other government issuedplzoto identification of the customer." 5.40.020(d) Reports to police. There was a business concern that the Ordinance clarify this was not a public record. Language was added that states, "Unless otherwise provided under state ltnv, the weekly reports are not pzsblic records. " 5.40.020(j) Finder's fee, reward, etc. The original draft Ordinance stated that a pawnbroker is nut entitled to a finder's, fee or other reward m~ compensation from the rightful owner of stolen property found in the pawnbroker's possession unless ordered by the Police Chief arpon a findzng that i1 is warranted. This section was deemed to be problematic to the business interest of the pawnshop, and it was agreed that civil remedies are in place to address makisng the p3wiishap awraer "whole" ift hey hav.°, last money on a stolen property transaction. The current Ordinance deletes this section. 5.40.030(b) draft Ordinance language states that a licensee may not purchase ur pawn an article if the cus•tamer cannot pYUVide proof of mvnership of the article or tf'the licensee has lazowdedge of facts That woudd create a belief m a reasonable man that the article nzay have been stolen, embezzled or otherwise illegally obtained. The business concern is that it is sometimes difficult to provide proof of ownership of guns, toots, and other personal possessions. Often these items have been purchased secondhand from other private persons. To allow for these types of transactions, new proposed language states that a licensee may not purchase or pawn an article [IF ?'FIE CUSTOMER CANNOT PROVIDE PROOF OF OWNERSHIP OF THEARTICLF, ORJ the licensee has knowledge of facts Chat would create a belief in a reasonable man that the article nzay have been stolen, embezzled ur othettivise illegally obtained • Page 2 19 5.40.050 Fees. The original ordinance required a $100.00 business license fee. The new proposed Ordinance deletes the fee entirely, as we do not customarily charge a fee for other businesses. On February 6, 2008 Council moved to postpone this Ordinance to March 5, 2008 to allow Norm Blakely additional time to review the proposed language and give feedback to Administration andlor Council. Subsequent to this postponement, I have left two messages for Mr. Blakely at his Soldotna pawn business asking to speak with him at his convenience regarding any additional comments he might have concerning this Ordinance, however, I have not heard back from him. On February 21, 2008 Councilman Molloy, Attorney Graves and I met to discuss several language changes to the Ordinance to make it more easily understood by pawnbrokers, claimants and the general public Councilman Molloy's good recommendations were incorporated into the Ordinance you now have beforo you for the March 5, 2008 Council meeting. On February 22, 2008 I faxed the cureent draft of Ordinance 2269-2007 to Alaska Trading Company & Loan, Mr. Blakely's pawnshop. 1 sent with the fax a note welcoming any comments Mr. Blakely might have on the Ordinance. With the closure of Kenai Pawn this past summer, the City has a unique opportunity to enact an ordinance pertaining to pawnbrokers, without retroactive impact to a local business. This proposed pawnshop ordinance would require owners to keep legible records and provide the records to the Kenai Police Department weekly. 'phe Ordinance does not require a business owner to reveal sales data and or profit/loss information, only identifying information regarding the person pawning property and the property being pawned. This Ordinance will enhance a good working relationship with future pawnshop businesses in Kenai and provide better protection to the public from property theft. • Page 3 20 Suggested by: .Fire Department CITY OF KENAI QRDINANC~ NO. 22~I-2OfE8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 8.05 TO ADOPT THE 2006 INTERNATIONAL FIRE CODE, FIRST PRINTING. WHEREAS, the Gity of Kenai is responsible far 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 2003 International Fire Code, and is now adopting the 2006 International Fire Code with local amendments to protect the citizens of our com-nunit}*; ard, WHEREAS, the City is now joining the State of Alaska and other deferred cities throughout the State by adopting and enforcing the 2006 International Fire Code protecting life and property from fire. NOW, THEREFORE, BE IT ORDAINED $Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 8.05.010 and 8.05.30 are amended to read as presented on Attachment A of this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of March, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: February 6, 2008 Second Reading: February 20,2008 Postponed to: March 5, 2008 Adopted: March 5, 2008 Effective: April 5, 2008 aI Chapter 8.05 FIRE PREVENTION STANDARD Sections: 8.05.010 Adoption of fire prevention standards. 8.05.020 Enforcement of fire prevention standards. 8.08,030 Loeal Amendments to the 200[3]6 International Fire Cnde. 8.05,010 Adoption of fire prevention standards. (a} The City of Kenai hereby adopts the following fue prevention standards: (1) [THE INTERNATIONAL FIRE CODE, 2003_ EDITION, FIRST PRINTING;] 3801.2 3901.2 4001.2 4101:2 420L2 4301.2 and 4401.2 (2} The National Fire Codes of 15 volumes, 200[4]6 Edition, of the National Fire Protection Association as referenced by Chapter 45 of the 200[3)6 International Fire Code. (b} 111e abOVe C(7(le5 aYe civaliabie fOr u"iSpeCtivn Arid iisc bj% "i tie pubiiC m th .°, PtAbhC Safety Building in an office designated by the Fire Chief. 8.05.020 Enforcement of fire prevention standards. The Standards adopted hereby shall be enforced by the agency designated as the Fire Department for the City. 8.05.030 I,acal Amendments to the 200[3)6 International Fire Code. The amendments to the 200[3)6 Edition of the International Fire Code are listed hereinafter by section. The 200[3]6 International Fire Code and its Appendices B-G shall be adopted as amended below. 109.3 Violation penalties. Amend by deleting this section and adding a new paragraph. Ordinance 2281-2008 - Attachment A Page 7 of 19 a2 Delete the following sections 103 104 2 104 4 104.5 104.6, 105 108, 109 _111 105 Parsons 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 constxuetion 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 Cade. 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 violafion or unsafe condition, shall be liable to a fine of not more than $500.00 dollars. Each and every day shall constitute a separate violation. 201.3 General. Amend paragraph by changing International Plumbing Code to Uniform Plumbing Code. 202 General definitions. Add the fallowing definition for ANFIRS: ANFIRS is the Alaska National Fire Incident Reporting System. [AMEND PARAGRAPH FOR EDUCATIONAL GROUP E, DAY CARE TO READ AS FOLLOWS: THE USE OF A BUILDING OR STRUCTURE, OR PORTION THEREOF, FOR EDUCATION, SUPERVISION OR PERSONAL CARE SERVICES FOR MORE THAN FIVE CHILDREN OLDER THAN 2-1 /2 YEARS OF AGE, INCLUDING CHILDREN RELATED TO THE STAFF, SHALL BE CLASSIFIED AS AN E OCCUPANCY). Add exception to read as follows: Exception: Family childcare homes (R-3) operating between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of twelve children. of any age without conforming to the requirements of an E occupancy except for smoke detectars as specified in subsection 907.2.10, means of egress requirements of section 1003, including emergency escape and rescue openings (as required by section 1009) in napping or sleeping rooms, and fire extinguisher requirements as outlined in section 906. 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. prdinance 2281-2008 Attachment A Page 2 of 19 23 Amend by adding a new paragraph between the first and second paragraphs of the defmition for "Institutional Group I-1" in "Occupancy Classification' to read: "A facility in this occupancy classification that has occupants who need physical R-3." The second~araeraph of the definition for "Institutional Group L Group I-2" is _~~_~ ~_ ___~. ~~n r ..: t: e.., ,..<,.L. .. ~...,-,o .~le n..~hc..8 o4.n..a arr+h n<ra nr fatxrar riPrenr The last paragraph of the definition for "Institutional Group I, Group I-2" is amended to read• "A child care facility that provides care on a 24-hour basis to The second sentence of the definition for "Group I-4 dau care facilities" is amended to read• "A facility within this occupancy classification with five or fewer persons including persons related to the staff shall be classified as a Group R-3." Amended by adduz~ a new paragraph to the defmition for "R-4" in "Residential __._ n~i _r nr.___. ~... _...... n1......: f; ........,..' 1.e~-..,oo.. +ho ~r~+ ar, ri oannnrl nara aranhc Y physical assistance to respond in emergency situations must comply with Interntttional Buitdinp Code, Section 423." maintenance standards set out in Table 901.6.1." 307.2 Permit Required. Amend to read• "Approval The fire chief of a registered department having Application as required by the chief of that registered fire department, must be 30&.3 Open Flame Amend to read• "Open flame The use of open flame in connection with. a public Ordinance 22SI-2008 Attachment A Page 3 of 19 24 purposes in assembly or educational occupancies must be done in consultation with the registered file department having iurisdiction." 3I 1. S Placards This section is amended by deleting this section. 401.3.4 False Alarm Charges. Amend by adding a new subsection 401.3.4 Except as otherudse provided herein, the owner of a building containing afire protection, fire alarm, ar other types of emergency notification systems, shall pay a chaz~ge in accordance with this section for each and every false alarm to which the fire department responds. Exceptions: No charge for the first two false alarms within a calendar year. 2. Each false alarm in excess of two during a calendar year will be charged a response fee of $200.00 The City shall bill the owner for false alarms at the end of every six months. All false alarm charges shall be deposited into the cities general fund. As used by the section, "false alarm" means an alarm signal generated by a privately owned fire or emergency 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 classif-ied above. It daes 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 puI1 station being pulled. 404.2 Where required. Amend by deletine paragraph 1. 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 secfion. 40'7.1 General. - Ordinance 2251-2008 Attachment A Page 4 of f9 25 Amend to read "General The provisions of Sections 407.2 throu¢h 407.7 shall be applicable in the discretion of the chief of the registered fire department that has iurisdicfion where hazardous matezials are located on the premises." [408.3.5 FALSE ALARMS. AMEND BY ADDING A NEW SUBSECTION 468.3.5 TO READ AS FOLLOWS: FALSE ALARMS MAY NOT COUNT AS A FIRE DRILL FOR THE PURPOSE OF THIS SECTION.] 503 1.1 Buildings and facilities. facili The first sentence of the exception is revised to read• "The chief of the registered fire department having jurisdiction may increase or decrease the dimension of 150 feet (45,720 mml where:" SO5.1 Address Numbers The first sentence is amended to read• "The chief of the registered fire department having iurisdicfion may require that all new and existing buildings be provided with approved address numbers building iitnibers or apurovcd building 505.2 Street or Road Si{!n . approved signs." 507.4 Smoke Obstruction Systems. Amended by adding' "Smoke obstruction systems associated with security or burglar alarm systems are not allowed." Ordinance 2251.200A Attachment A Page 5 of 14 26 Amend to read• "Buildings and facilities. The fire chief of the registered 508.1 The first sentence is amended to read: "The chef of the registered fire 508.2 Type of Water Supply. Amend by adding a new subsection 508.2 to read as follows: 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 construcfion, or are provided with a fire extinguishing system designed in accordance with Section 903.3. I.1 of this code. 508.3 Fire Flow. Amend by deleting the existing paragraph and replace with the following paragraph: Water supplies for fire flow requirements for buildings or portions o£ buildings and facilities shall be calculated using the provisions of Appendix Chapter B and Table Blos.>. 508.5.4 Obstructions. (AMEND BY DELETING THE EXISTING PARAGRAPH AND REPLACE WITH THE FOLLOWING PARAGRAPH: POSTS, FENCES, VEHICLES, GROWTH, TRASH, SNOW, STORAGE AND OTHER MATERIALS OR OBJECTS SHALL NOT BE PLACED OR KEPT NEAR FIRE HYDRANTS, FIRE DEPARTMENT CONNECTIONS, OR FIRE PROTECTION SYSTEM CONTROL VALVES IN A MANNER THAT WOULD PREVENT SUCH EQUIPMENT OR FIRE HYDRANTS FROM BEING IMMEDIATELY DISCERNIBLE. THE FIRE DEPARTMENT SHALL NOT BE DETERRED OR HINDERED FROM GAINING IMMEDIATE ACCESS TO FIRE PROTECTION EQUIPMENT OR FIRE HYDRANTS. A 3-FOOT CLEAR SPACE SHALL BE MAINTAINED AROUND ALL FIRE HYDRANTS, FIRE DEPARTMENT CONNECTIONS, AND FIRE PROTECTION CONTROL VALVES ON PRIVATE OR PUBLIC PROPERTY.] Ordinance22R1-2008 Attachment A Page 6 of 19 27 moved into or within the turisdiction." 603 1.3 Electrical Wiring and Equipment. Amend by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by KMC. 603 3 1 Maximum Outside Fuel Oil Storage Above Graund. The last sentence is revised to read "The storage of fuel oil above ground in quantities exceeding 660 Gallons (2 498 L~ shall comply with NFPA 31 and have a minimum distance to nearest important building by not less than five feet." 604 Emergency and Standby Power System. Is amended by deleting the reference to the "ICC Electrical Cade' and replacing it with "Electrical Code as adopted by KMC." 604 2 15 2 Separate Circuits and Luminaries Amended by the adding a new Section 604.2.15.2.2 to read: "604.2.15.2.2 Pickup time The emergency~ower system must pickup its connected loads within 10 seconds of failure of the normal power sup~lv." 605 and 606. Amended by deleting the references to the "ICC Electrical Code "and replacing them with "Electrical Code as adopted by KMC." 703.2.3 Door Operation Amended by adding a new Section 703.2.3.1 to read• "703.2.3.1 Operation. Fire assemblies may not be obstructed or otherwise impaired from their ~ro~er three or more consecutive inspections the fire code official may order the installation of automatic-closing devices meeting the requirements of Section. 714.2.7.3 of the LB. C." 807.1 General Reauirernents. Amended by adding " or treated by a method approved by fire code officials" at the end of first paragraph. 901.4 Installation of fire protection systems. Amend by adding an exception at the end of this section. Exception: Buildings temporarily closed due to seasonal operations may have their fire systems deactivated under the following conditions: Ordinance 2281-2008 Attachment A Page 7 of 14 2H 1. Building is unoccupied. Building is properly secured. All utilities are disconnected and drained. 4. The fire systems are certified as operational before the building is reoccupied. 5. A 24-hour a day fire watch as defined in section 202 is provided during the interim between when utilities are reactivated and the fire systems are certified as operational. 6. .The fire department must be notified of such closure: 7. A letter from the insurance carrier or, owner if self-insured, indicating knowledge of the closure is provided to the fire department. 901.4.5 Marking of Fire Protection Equipment. Amend by adding a new section to read as follows: Fire Department connecfion devices for building sprinkler systems in new and existing buildings shall be identified by the installation of approved reflective markers or signs installed above the device in an unobstructed location at approximately 7 feet above grade. 901.5 Installation acceptance 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. 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. -- Ordinance ?281.-2008 Attzchment A Page 8 of f9 29 3. Any time damage is found. 4. After repair or alteration. When required by the chief. After seasonal shutdown. 901.6.2.(1]2 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 shad 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] 10 Sprinkler certification. Add a new subsection. to read as follows: Companies installing andf 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]11 Damage protection. Add a new subsection to read as follows: When exposed to probable vehicular damage due to proximity to alleys, driveways L;,-.n ~rc.~c ~randpipeg inne? in rlrra tnr galyac and eprmkler cyctPm nr ar par.....a ,....u.., ., standpipe system, connections shall be protected in an approved manner. [903.2.1.2 GROUP A-2. CHANGE ITEM #2 TO READ: THE FIRE AREA HAS AN OCCUPANT LOAD OF 100 OR MORE: OR] 903.2.2 Group E. Delete paragraph and substitute with the following: An automafic 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. The use of fire walls does not establish a separate building for purposes of this section. Ordinance 22At-26oA - Attachment A Page 9 of ].9 30 Exceptions: Buildings with E occupancies having an occupant load of 49 or less. 2. Day care uses not otherwise requiring an automatic sprinkler system by other provisions of the Cade. 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 in accordance with section 903.3.1.3 or an approved equivalent system. This includes children related to the staff. 903.2.7 Group R, Amend this section by adding an exception: Bed and breakfast occupancies with five rented sleeping rooms or less do not require an automatic suppression system. Arze~lded fo read• "group R. Ar. automatic sprinkler system must be installed in Group R occupancies as required in 903 2.7 i through 903.2.7.3." 903.2.7.1 Group R-1. Add new subsection to read as follows: An Automatic sprinkler system or a residential sprinkler system installed in accordance arith section 903.3.1.2 must be provided throughout alI buildings with a group R-1 fire area. (EXCEPTIO:N: ~xjHERE GLrFST RnnNrS aRE NOT 1~rpRE TN~tN THREE STORIES ABOVE THE LOWEST LEVEL OF DISCHARGE AND EACH GUESTROOM HAS AT LEAST ONE DOOR LEADING DIRECTLY TO AN EXTERIOR EXIT ACCESS THAT LEADS DIRECTLY TO AN APPROVED EXIT.] 903.2.7.2 Group R-2. Add new subsection to read as follows: An automatic sprinkler system or a residential sprinkler system installed in accordance with section 903.3.1.2 shall be provided throughout all buildings with a group R-2 fire area that are more than two stories in height, including basement, or have more than sixteen dwelling units or sleeping units. 903.2.7.3 Group R-4. Add new subsection to read as follows: Ordinance 22$1.2008 Attachmene A Page 10 of 1.4 31 An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 shall be provided throughout alI buildings with a Group R-4 fire area. 903.3.1. Exception' Sprinklers are not required in an elevator machine room cohere the machine room is: {1) separated from the remainder of the building as described in LB.C. Section 3006.4; (21 smoke detection is provided in accordance with N.F.P.A.72-2007 and adopted by reference: and (3) notification of alarm activation is received at a eonstantly monitored location."; [903.3.1. L 1 EXEMPT LOCATIONS. AMEND BY ADDING A NEW ITEM TO READ AS FOLLOWS: 7. ELEVATOR MACHINE ROOMS MAY DELETE THE SPRINKLER REQUIREMENT 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 ALARM ACTIVATION IS RECEIVED AT A CONSTANTLY MONITORED LOCATION.]' 903.3.5 Water Supplies. Amend by deleting the reference to the "International Plumbing Code° and r~lacing it with "plumbing Code as adapted by KMC." 903.6.2 Alterafions 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. oTa~~~an~e zzsl-zags Attachment A Page I7. of 19 $`Z and machine roams must occur as described in N.FP.A. 13-2007, IEtevator Hoistways and Machine Rooms} and adopted by reference and the American 904.3.1 Electrical Wiring. Amend by deleting_the reference to the "ICC Electrical Code" and replacina it with "Electrical Code as adopted by KMC." 906.1 Where Required. Amend by deleting the exception in number 1. 907.1.1 Construction Documents. Amend by adding a new item tc read as follows: 12. System riser diagram 907.2.3 Group E. Amend this section by adding a second paragraph to read as follows: Rooms used for sleeping or napping purposes within a day Dare use of Group E Occupancies must be provided with smoke detectors that comply with section 907.2.10.1.2. 907.2.6. I Group I-1. Amend by deleting Exception I. 907 ~ 10 Single- and Multi-Station Smoke Alarms. Section 907.2.10.1." 907.2.10.1.3. Group I-1. Amend by deleting the exception. 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 firm conducting the test within 30 days of the completion of the installation. 908.7 Carbon Monoxide Detectors. Add a new subsection to read as follows - Ordinance 2281-2008 Attachment A Page I2 of 19 33 (CARBON MONOXIDE DETECTORS ARE REQUIRED IN ALL DWELLING UNITS AND DAYCARES THAT: HAVE AN ATTACHED GARAGE OR CARPORT 2. HAVE A FUELED APPLIANCE THAT PRODUCES BY-PRODUCTS OF COMBUSTION ARE ADJACENT TO A PARKING AREA] Carbon monoxide detectors shall be installed on each floor level of group I-1, I-2 bedrooms aver background noise Levels with all intervening doors closed All carbon monoxide detectors shall be listed and installed in accordance with the provisions of this code. Exception• Carbon monoxide detectors and alarms are not required in dwelling units and structures that have no combustion appliances attached garaees other vehicle parking within 25 feet of any direct opening or have only direct vent combustion appliances. alarm shall activate all of the alarms within the individual dwelling unit. In new construction carbon monoxide detectors and alarms shall receive their protection In existing construction carbon monoxide detectors and alarms maybe powered by battery or acord-and-plug with battery backup. Carbon Monoxide detectors shall have an alarm and be installed and maintained according to manufacturer's instructions. The landlord shall provide smoke and carbon monoxide detection devices. It is the responsibility of the tenant to maintain the devices. [1008.1.9 PANIC AND FIRE EXIT HARDWARE. AMEND THE FOLLOWING SECTION TO READ AS FOLLOWS: "AN OCCUPANT LOAD OF 100 OR MORE" IN THE SECOND FULL PARAGRAPH TO "AN OCCUPANT LOAD OF 50 OR MORE."] 909.18 Acceptance Tests. Ordinance 228i-2068 Attachment A Page li of I9 34 Amend by addine a new sentence to read: "A copv of the acceptance test 910.1 General. Amend by deleting Exception 2. 912.5 Ba.ckflow Protection. Amend bar deleting the reference to the "International Plumbing Code" and replacine it with "Plumbins Code as adopted by KMC." 1009.1 Stairways. Add the following exception: 5. Stairs or ladders used only to attend equipment are exempt from the requirements of this section. 101[8]9.1 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 basement or first level below the first story must have at least tcvo exits arranged [IAW] as described in Section 10[04] 15.2.[2] For the purposes of this exception, storage rooms, laundry rooms, mah2tenance offices and similar uses may not be considered as providing service to the building. 1009.5.2 Outdoor Conditions. Amend by adding ", snow or ice" after "water." 1010.7.2 Outdoor Condition. Amend by adding ", snow or ice" after "water." 102[5]6 Emergency escape and rescue. Amend by deleting exceptions 1, 2, 3, 4 and 7. 1027.5 Illumination Emer~ency Pawer. Amend by deletine the exception under paragraph 1, 1101.1 Scope. Aviation Facilities. Ordinance 2287-2008 Attachment A Paga 14 of 19 35 Amend by adding to the end of this section: and N.F.P.A. 409, 2004 edition. 1103.5 Dsspensing 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, 200[1]7 edition. 1 lOS Portable Fire Extinguishers. Amend by deleting Section 1105.8 1106.1 Aircraft motor vehicle fuel-dispensing stations. Amend by adding to the end of this section: and N.F.P.P.407, 200[1}7 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 ta.^.k W^_d ±he ±a•,~ 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. 1 106 3.4 Protection of Electrical ERUipment. Amend by deleting the reference to the "ICC Electrical Code' and replacing it with "Electrical Code as adopted by KMC 1204.2.3 Electrical Wiring and Equipment. Amend by deletine the reference to the "ICC Electrical Code" and replacing it with "Electrical Gode as adopted by KMC." 1404.7 Electrical. prdinance 2281-200s Attachment A Page 13 of C9 36 Amend by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by KMC." 1503 Protecton of Operations. Amend by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by KMC." 1504.6.1.2 2 Portable Infrared Apparatus. Amend by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by KMC." 1604.5 Heating. 1703.2.1 Electricity. Amend by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by KMC." 1803 General Safety Provisions. Amend by deleting the reference to the "ICC Electrical Code' and replacing it with "Electrical Code as adopted by KMC." 1903.4 Electrical Equipment. A.-n.end bvdelAtlrzQ th r+ refaran re ±n fhe "T(:~,' Electrical Code" a1ld replactn_g it with "Electrical Code as adopted by KMC." 2004 1 Wiring and Equipment. Amend by deleting the reference to the "ICC Electrical Cade" and replacing it with "Electrical Code as adopted by KMC." Chapter 22 Motor Fuel Dispensing Facilities and Repair Garages. ~irrlend by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by KMC." 2206.2.3 above ground tanks located outside, above grade. Amend by adding an item 5ve (5) at the end of this section.. - Ordinance22&1.200$ Attachment A Page 16 of 19 .4'7 5. Approved above ground atmospheric tanks may be used without a special enclosure or fire rating if the following criteria are met: a. Tanks must be located as required for "other tanks" by table 2206.2.3; and, b. Tanks must be enclosed by a six-foot high industrial type chain link fence with a minimum of two access gates Located at opposite sides of the enclosure. Each gate must be at least at least 36 inches wide. There must be a minimum working distance of five feet between the tank and the fence. 2206.7.7.1 Leak detection. Amend by adding an exception to read: Exception: A leak detection device is not required if the underground piping is an extra-heavy steel wall with all welded joints, dielectric coating, and cathodic protection. 2211.2.3 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. 2403.12.6 1 Exit Sign Illumination. Amend b~deleting the reference to the "ICC Electrical Cade" and replacing it with "Electrical Code as adopted by KMC. 2606 4 Emer~encV Disconnect. Amend by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted bV KMC. Chapter 27 Hazardous Material-General Provisions. Amend by deleting the references to the "ICC Electrical Code" and replacing them with "Electrical Cade as adopted by KMC." 2701 6 Facility Closure. Amended to read "Documentation The fire chief of the registered fire department havingjurisdiction may reauire the documentation of the closure plans for the termination of the storage use or handling of hazardous materials at least 30 days before the termination fine fire chief is authorized to reauire that the Ordinance 228] -2008 Attachment A Page 17 of 14 38 Manaeement Plan and Haaardous Materials lnventory Statement indicated in Sections 2701 5 1 and 2701.5.2."~ 2704.2.2 6 Drainage System Design. Amend by deleting the reference to the "Irtemational PlicmC7ing Code" and repiacina it with "Plumbini; Code as adopted by KMC. Chapter 30 Compressed Gases. Amend by delefin~ the references to the "ICC ElectricaC Code" and replacint? them wiih "Electrical Code as adopted by KMC. Chapter 32 Cryo~enic Fluids. Chapter 34 Flammable and Combustible Liquids. Amend by deleting the references to the "XCC Electrical Code" and replacing them with "Electrical Cade as adopted by KMC." 3404 3.5 I Basement Storaee. Amend by delefln~ this section. 3501 General. Amend by adding a new Section 3501.3 to read: "3501.3 Plan review. Where a plans for review by the fire marshal before installation. Chapter 36 Flammable Solids. Amend by deleting the references to the "ICC Electrical Code" and replacing them with "Electrical Code as adopted by KMC." 3704.2.2.8 Emergency Power. Amend by deletine the reference to the "ICG Electrical Code" and repIacina it with "Electrical Code as adopted by KMC." Chapter 45 of the LF.C is revised by changing the referenced standards from the publication date listed to the latest published edition as follows: National Fire Protection Association 6rdinance 2281-2008 Attachment' A Page 18 of 19 39 ArFPA 10-200[2]7 11-200[2]5, (11A-1999), 12-200[0]8, 12A-2004, 13-200[2]7, 13D- 200[2j7, 13E-200[0]5 13R-200(2]7, 14-200(3)7, 15-200(1]7, i6-200[317 17-2002, 17A-2002, 20-200[317 22-2003, 24-200[2]7, 25-200[2]8, 30-200[3]8, 30A-200[3]8, 30B-200[2]7; 3L200(1]6 32-200[417 33-200[3]7, 34-200[3]7 35-[1999]2005, 40- 200[1]7, [50-2004, SOA-1999, SOB-1999,] 51-200[217 S1A- 200[1]6 S1B-2003, 52- 200(2]6, [57-2002,] 58-200[4]8, 59-2004, 59A-200[1]6, 61-200[2]8, 69-200[2]8, 70- 200[5]8, 72-200[2]7, 80-[1999] 2007, 85-200[4]7, 86-200[3]7, 9b-200[4]8, 99-200[2]5, 101-200[3]6, 110-200[2]5, 111-200[1)5, 160-200[lj~, 211-200[3)6, 221-200[4]6, 230- 2003, 232-200[0]'7, 241-2004, 252-200[3]8, 260-2003, 261-2003, 265-200[2]7, 286- 200[016 291-200[2]7, 385-200[017 407-200[117 409-2004, 410-2004, 415-200(2]8, 430-2004, 490-2002, 495-200[116 498-200[1]6, 505-200[2]6, 655-200[1]7, 6[9164- 2002, 701-2004, 703-200[0]6 704-200[1]7, 720-200[3]5, 750-200[3]6 1122-200[2]8, 1123-240[016 1124-200[3]6, 1125-200[].]7, 1126-200[1]6, 1127-200[2]$ 2001- 200[4]8. Ordinance ?281-2008 , Attachment A Page 19 of i9 40 INTERFFICE EMRA®U KENA7 FIRE DEPARTMENT Date: February 22, 2008 To: City Manager Koch From: Chief Tilly Subject: 2066 IFC City Manager Koch, to reference to Mr. Ross's question about the iFC code section 308.3 dealing with open flame and its application in religious services, further into section 308 there are exceptions made for Religious ceremonies. 30$.3.5 Religious ceremonies: When in the opinion of the fire code af#icial, adequate safeguards have been taken, participants in religious ceremonies are allowed to carry hand-held candles. Hand-held candles shall not be passed from one person to another while lighted. Section 308.3.7 lists exceptions for group A occupancies. Exceptions: 1. Open flame devises are allowed to be used in the following situations provided approved precautions are taken to prevent ignition of a combustible material or injury to occupants: 1.1 Where necessary for ceremonial ar religious purposes in accordance with section 308.3.5 t .2 On stages and platforms as a necessary part of performance 1.3 Where candles on tables are securely supported on substantial noncombustible bases and the candle flames are protected. 41 INTEROFFICE MEMO Secfion 308.3.2 addresses open flame decorative devices, 308.3.2 Open flame decorative devices: #10} Candelabras with flame lighted candles shall be securely fastened in place to prevent overturning, and shall be located away from occupants using the area and away from possible contact with drapes, curtains or other combustibles. tf there are any other questions please do not hesitate to ask. 42 INTER®FFICE MEM®ANDUM KENAI FIRE DEPARTMENT Date: February 21, 2008 To: City Manager Koch e "" From: Chief Tilly e~~ Subject: 2006 Fire Cade explanation Rick, This letter is to address the question of Council person Rick Ross fast night as it relates to the International Fire Code section 308.3 Open flame. Since 2000 the following paragraph has been in the Intematianal Fire Code. "308.3 Open flame. A person shall not utilizes or allow to be utilized, an open flame in connection with a public meeting or gathering for purpose of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation or similar purpose in a Group A or E occupancies without first obtaining a permit in accordance with section 105.6." Group A occupancies are defiined as "assembly' occupancies and broken down into categories. Group E occupancies are "educational" occupancies. Section 105.6 describes permitting procedures. (Examples of a group A-1 occupancies are motion picture theaters, symphony and concert halls, television and radios studios that admit an audience, and theaters. Examples of an A-2 are Banquet halEs, night clubs, restaurants, taverns and bars. Examples of an A-3 are amusement arcades, art galleries, bowling alleys, places of religious warship, community halls, courtrooms, dance halls, exhibitions halls, funeral parlors, gymnasiums and few more tike structures.} This year the State Fire Marshal's offiice amended it to read: °308.3 Open flame. The use of open flame in connection with a public meeting or gathering for the purpose of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportatlon, or similar purpose in assembly or educational occupancies must be done in consultation wifh the registered fire deparfinent having jurisdiction" 43 INTEROFFICE MEM^ f gathered thaf Nir. Ross felt the paragraph was too constrictive bui it is in facf less constrictive than in the past. In the past, by IFC Code, there needed to be a permit issued. We presently do not have a permit for such a thing and in many communities permits cost money. Now it reads that people with such occupancies can have the open flame ceremonies but to do so in consultation with the local fire department. The amendment has also removed the reference to the "Group A and Group E" and has spelled out what occupancies this is pertains to. I hope this explanation helps and if there is any more information needed please ask. 44 Suggested by: Administration CITY OF I{ENAI ORDINANCE Nt3. 2282-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20_I60 (b)(8), KMC 14.20.161(b)(5} AND KMC 14.20.170(b)(8) BY REPLACING THE REFERENCE TO THE HORIZONTAL PROPERTY REGIMES ACT IN AS 34.07 WITH A REFERENCE TO THE UNIFORM COMMON INTEREST OWNERSHIP ACT IN AS 34.08. WHEREAS, KMC 14.20.160(b)(8) (Townhouses) refers to the Horizontal Property Regimes Properly Act in AS 34.07; and, WHEREAS, KMC 14.20.161(b)(5) (Zero Lot Line. Development} refers to the Horizantal Property Regimes Property Act in AS 34.07; and, WHEREAS, KMC 14.20.170(b)(8) (Planned Unit Development) refers to the Horizontal Property Regimes Property Act in AS 34.07; and, WHEREAS, the Horizontal Regimes Property Act in AS 34.07 has been replaced with the Uniform Common Interest Ownership Act in AS 34.08; and, WHEREAS, KMC 14.24.160 (bj(S), KMC 14.20.161(b)(5) and KMC 14.20.I70(b)(8) should be amended to reflect the change in state law. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.160 (b)(8), KMC 14.20.161(b)(5) and KMC 14.20.170(b)(8) are amended as follows: I. KMC 14.20.160(b)(8) The developer or subdivider of any townhouse development including common open area, property or amenities, shall have evidence that compliance with [HORIZONTAL PROPERTY REGIMES ACT, AS 34.07] Uniform Common Interest Ownership Act. AS 34.08, has been made prior to the sale of any townhouse dweIIing units. II. KMC 14.20.161(b)(5) The developer or subdivider of any zero lot line development including common open area, property or amenities, shall have evidence that compliance ~cdth [HORIZONTAL PROPERTY REGIMES ACT, AS 34.07) Uniform Common Lnterest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units. 45 Ordinance No. 2282-2008 Fage 2 of 2 III. KMC 14.20.170{bj(8) The developer or subdivider of an Planned Unit Residential Development including common open area, property or amenities, shall have evidence that compliance with (HORIZONTAL PROPERTY REGIMES ACT, AS 34:07] Uniform Common Interest Ownership Act. AS 34.08,. has been made prior to the sale of any townhouse dwelling units. PASSED BY THE COUNCIL OF THE CITY OF KENAI; ALASKA, fifth day of March, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: February 20, 2008 Adopted: March 9, 2008 Effective: April 5, 2008 46 Suggested by: Administration CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ08-OS A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.160 (b)(8), KMC 14.20.161(b)(5) AND KMC 14.20.170(b}(8) BE AMENDED BY REPLACING THE REFERENCE TO THE HORIZONTAL PROPERTY REGIMES ACT IN AS 34.07 WITH A REFERENCE TO THE UNIFORM COMMON INTEREST OWNERSHIP ACT IN AS 34.08. WHEREAS, KMC 14.20.160(b)(8) {Townhouses) refers to the Horizontal Property Regimes Property Act in AS 34.07; and, WHEREAS, KMC 14.20.161(b)(5) (Zero Lot Line Development) refers to the Horizontal Property Regimes Property Act in AS 34.07; and, WHEREAS, KMC 1.4.20.170(b}{$) (Planned Unit Development) refers to the Horizontal Property Regimes Property Act in AS 34.07; and, WHEREAS, the Horizontal Regimes Property Act in AS 34.07 has been replaced with the Uniform Common Interest Ownership Act in AS 34.08; and, WHEREAS, KMC 14.20.160 (b)(8}, KMC 14.20.161(b}(5) and KMC 14.20.170(b}(8} should be amended to reflect the change in state law. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF TCENAI RRCQMi~tENilC TITE COITNCTT. QF TF-TF CT'1'V QF K~.NAI, ALASKA AN1FNTl KMC 14.20,160 (b)(8), KMC 14.20.161 (b){5) and KIvIC 14 ~0.170(b)(8) as follows: KMC 14.20.1.60(b)(8) The developer or subdivider of any townhouse development including common open area, property or amenities, shall have evidence that compliance with [HORIZONTAL PROPERTY REGIMES ACT, AS 34.07) Uniform Common Interest Ownership Act. AS 34.08, has bean made prior to the sale of any townhouse dwelling units. II. KMC 1420.161(b)(5) The developer or subdivider of any zero lot line development including common open. area, property or amenities, shall have evidence that compliance with [HORIZONTAL PROPERTY REGIMES ACT, AS 34.07} Uniform Common Interest Ownership Act. AS 34.08, has been made prior to the. sale of any townhouse dwelling units. 47 III. KMC 14.20.170(b)($) The developer or subdivider of an Planned Unit Residential Development including common open area, property or amenities, shall have evidence that compliance with [HORIZONTAL PROPERTY REGIMES ACT, AS 34.07] Uniform Common Interest Ownership Act, AS 34.08. has been made prior to the sale of any townhouse dwelling units. PASSED SY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 13th day of Februar~2008. ».~ s/~ A' 48 Suggested by: Administration CITX OF KENAI ORDINANCE NO. 2283-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,060.76 IN THE GENERAL FUND TO PAY FOR POLFCE TRAINING AND PATROL RIFLES. WHEREAS, the Kenai Police Department works cooperatively with the Alaska Bureau of Alcohol and Drug Enforcement (ABADE) in Kenai Peninsula drug enforcement investigations that directly impact the City of Kenai; and, WHEREAS, the Kenai Police Department has received $7,060.76 from the State of Alaska as equitable sharing of a cash forfeiture from a Kenai area drug dealer; and, WHEREAS, the Kenai Police Department needs to purchase two {2) patrol rifles with tactical optics, and provide drug crime investigation trainzng to officers during the remainder of FY08; and, WHEREAS, the funds to purchase the rifles and pay far needed training are not available within the FY08 budget; and, WHEREAS, the purchase of this equipment and training will enhance the safety of our citizens and that of the officers in their daily work; and, WHEREAS, the transfer of these funds to the Police Small Tools and Transportation accounts will assist the department with its firearms and training needs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estmated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Forfeitures 7 060.76 Increase Appropriations: Police - Sma11 Tools $4,000.00 - Transportation 3.060.76 7 060.76 49 Ordinance No. 2283-200$ Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of March, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: )02f 14/2008) hl Introduced: Feb*_uasy 20, 2008 Adopted: March 5, 2008 Effective: March 5, 2008 50 Suggested by: Administration CI7`Y OF SENA% ORDINANCE NO. 22$6-20D$ AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000 IN THE GENERAL FUND AND THE LIBRARY CAPITAL PROJECT FUND FOR ARCHITECTURAL SERVICES. WHEREAS, Architectural services are needed to complete a grant application to the Rasmuson Foundation; and, WHEREAS, time is of the essence; and, WHEREAS, funds are available in fund balance of the General Fund. 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 $15,000 Increase Appropriatians: Transfer to Capital Project Fund $15,000 Librarv Capital Proiect Fund Increase Estimated Revenues: Transfer from General Fund $15,000 Increase Appropriations: Professional Services $15,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of March 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 5, 2008 Second Reading: March 5, 2008 Adopted: March 5, 2008 Effective: March 5, 2008 Approved by Finance: (02 J 2B j 2008} 61 Suggested by: Administration CITY OF KENA% RESOLUTION NO. 2008-10 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A SOLE SOURCE CONTRACT TO PROCOMM ALASKA LLC, IN THE AMOUNT NOT TO EXCEED $54,000 TO PURCHASE RADIO EQUIPMENT. WHEREAS, The FEMA Department of Homeland Security awarded the City of Kenai a grant to purchase radio equipment; and, WHEREAS, it is in the interest of the City of Kenai for all equipment in its expanded public safety communication system to be installed, programmed, and maintained by a vendor who is certified by the manufacturer to work with and on this equipment, who is authorized by the ALMR system Manager to maintain equipment inter- connected to the statewide ALMR infrastructure, who has local technicians and customer support facilities to provide immediate response for maintenance requirements, and who has extensive experience with the other components of the City's cammuYiication system and the aperational priarities of the City's dispatch program; and, WHEREAS, ProComm Alaska LLC has completed the manufacturer's training to instaFl and support this equipment, is subcontracted to maintain the statewide interoperable ALMR communication system, employs local technicians and maintains Alaska support operations, and has a lengthy history in programming, installation, and maintenance of the City's communication system; and, WHEREAS, equipment in this award meets future ALMR needs due to cooperative planning by the City of Kenai, the Borough, Soldotna, Homer and Seward; and, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a sole source contract to ProComm Alaska LLC in the amount not to exceed $54,000 for radio equipment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of March 2008. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk Approved by Finance:... -_ (02J26/2008) is 53 Suggested by: Administration CYTT' OF KENAT RESOLUTION NO, 2008-11 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $21,000 IN THE AIRPORT FUND TRAINING. FACILITY DEPARTMENT FOR FACILITY MANAGEMENT. WHEREAS, It is in the best interest of the City of Kenai to contract for management of the Fire Training Facility; and, WHEREAS, A budget of $21,000 needs to be established in the professional services account of the Airport Fund Training Facility Department; and, WHEREAS, Funds are available for transfer in the Airport Fund Training Facility Department rpais and maintenance and transfers accounts; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airnort Fund Training Facility beoartment From: Repairs and Maintenance $18,000 Transfers $ 3,000 To: Professional Services $21,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, AT.,ASKA, this fifth day of March 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (02/28/2008) is 55 MEM®ItAI~TDUM To: City Council ~ Through: Rick Koch, City Manager ~~~) From: Larry Semmens, Finance Directar~ ~. Date: February 28, 2008 Subject: Fire Training Facility Budget Transfer The administration is recommending contracting aut the management of the Fire Training Facility. In order to have funds properly budgeted in the professional services account of the Airport Fund Training Facility Department, a budget transfer needs to be made. We previously appropriated $20,000 for repairs and maintenance, but we have not used the funds at this point. While we could use other Airport Fund accounts to fund this transfer, it is my recommendation that we use money already appropriated to the Training Facility Department. The administratian will be bringing an ordinance far introduction at the next meeting to address the repairs and maintenance needed at fhe facility. 56 Suggested by: Administration CITY OF KEPIAI RESt7LUTIOPI Iao. zags-Iz A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A PROFESSIONAL SERVICES CONTRACT TO BEACON OCCUPATIONAL HEALTH AND SAFETY" SERVICES, INC. FOR MANAGEMENT OF THE FIRE TRAINING FACILITY. WHEREAS, It is in the best interest of the City of Kenai to contract far management of the Fire Training Facility; and, WHEREAS, the administration recommends awazd of a professional services cantract to Beacon Occupational Health and Safety Services, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that The city administrator is authorized to negotiate and execute a professional services contract with Beacon Occupational Health and Safety Services, Inc. for management of the Fire Training Facility. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of March 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance:.J~__ (02/28/2008) is 57 M s ~ ;y'~ ' __ EI1C GlG~~Pf f "f~iCla~e u»'t~ a past`, Gi~ wit~r a Fr~t~re ~~ 210 Fida}go Avenue, Kenai, Alaska 99611-7794 w ~~~ Telephone: 907-283-7535 I FAX: 907-283-3014 I' ~l 1992 MEMO: TO: City Council /~~.. FROM: Rick Koch V 17ATE: February 28, 2008 SUBJECT; Ataska Fire Training Center Facitity Management Agreement Resolution 2008-12 The purpose of this correspondence is to roquest the City Council adopt the above re'feranced resolution authorizing the city administrator to negotiate and execute a professional services conhact with Beacon Environmental Health and Safety Services, Inc. {Beacon) for management of the Fire Training Facility for a term of five years. As previously reported the State of Alaska, Department of Public Safety, has given notice to the City they witl no Iouger manage the facility after April 30, 2008. The State Fire Marshall has also told me they are amenable to an earlier date, if the City has a party ready to assume management responsibility. The attached contract i in draft form, in a legislative format, depicting items we are discussing with Beacon. During the meeting of Wednesday, March Sty', admirvstration will provide the negotiated proposed contract as a substitute. Thank you for your attention in this matter. If you have any questions please contact me at your conveiuence. attachment 58 FACILITY MANAGEMENT AGREEMENT FOR ALASKA FIRE TRAINING CENTER THIS AGREEMENT is made and entered into on this day of March 2008, by and between the CITY OF KENAI, an Alaskan home-rule municipal corporation with offices at 210 Fidalgo Avenue, Kenai, Alaska 996 1 1-7794 (hereinafter "City"), and Beacon Occupational Health and Safety Services, Inc., (hereinafter "Beacon") 800 Cordova Street, Anchorage, AK 99501. WITNESSETH: WHEREAS, the City owns the Alaska Fire Training Center (herehlafter the "Centex") located in Kenai, to enable hands-on training of fire response personnel in scenarios replicating actual emergencies involving aircraft and structural/industrial settings; and WHEREAS, Beacon has certain technical expertise in the field of firefnghter training, including training of personnel and trainers, and the maintenance and operation of fire training equipment; and WHEREAS, the City owns astructural/industrial fire training facility on the Center site, in order to enhance the training opportunities available at the Center; and WHEREAS, the City has constructed an Administration Facility (hereinafter "Facility"), which will accommodate classroom training and certain hands-on training for use of apparatus and fire training equipment; and WHEREAS, the City desires that Beacon accept management of the Center, and Beacon desires to perform management of the Center, under the terms and conditions described herein below; and WHEREAS, this Agreement is intended to allow Beacon to manage and operate the Alaska Fire Training Center for the purpose of providing training and other occupational health and safety services. That training curriculum includes, but is not limited to, safe firefighting, hazardous material, emergency response and public safety/law enforcement. NOW, THEREFORE, in consideration of the mutual premises appearing below, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree, as of the date last appearing below, to be bound by the following terms: Alaska Fire Training Center Facility Management Aa Bement Page 1 of 10 I. TERM OF AGREEMENT This Agreement shall commence on the date last appearing below, and shall continue until December 31, 2012, at which time it will automatically renew annually unless notice of termination is given 180-days prior to year-end by either party. II. OPERATION OF CENTER BY BEACON Beacon shall perform the following duties throughout the term of this Management/Operations Agreement (hereinafter the "Agreement"). In performance of such duties, Beacon shall not act as the City's agent, except to the extent authorized by this Agreement or subsequent written grant cf such authority. Beacon shall obtain any and all permits or licenses relevant to its perfornance of services hereunder. A. Training. Beacon shall schedule training at the Center on a year-round basis. The training is intended to hiciude, but not be limited to, firefighting, hazardous material, emergency response, public safety and law enforcement. Beacon shall provide to t he City a. AARF and Airport Operations training required by Part 139 to City personnel which shall be fully compliant with Part 139 of the Federal Airport Regulations (as amended) at no cost to the City; and b. Structural/industrial training to City personnel on aclass-available and space- availablebasis at no cost to the City. c. Annual Live Fire Drill training on a space available or reimbursable propane costs basis. d. The only costs would be for training material and if lunch is provided. ~ Raannn shall prOYlde training to third naHiP_.9, 3. Beacon will generate billings and invoice users for that portion of the Center under its management. 4. The City agrees to pay Beacon a management fee in the amount of $50,000 /annually to manage the Center. The annual management fee will be modified annually by using the following process: a. By January 31St of each year Beacon will provide a report of operations that includes a summary financial report. If the Center is profitable the management fee will be reduced accordingly. For example, if it makes $30,000 the management fee would only be $20,000 annually. b. At which time the management fee reaches $0 for two consecutive years, Beacon and the City will negotiate a fair rental rate. Alaska Fire Training Center Facility Management Agreement Page 2 of 10 B. Equipment. 1. Beacon shall provide minor maintenance of training equipment, including audio / visual equipment and computers related to Beacon's use of such equipment. 2. Beacon shall return training equipment/systems at the end of the term of this agreement in substantially the same condition as when received by Beacon, reasonable wear and tear excepted. For lost or damaged items, Beacon shall repair or replace City provided equipment. C. Maintenance oP Facility. Beacon shall provide access to the Facility to city personnel (for inspection purposes) during all normal operating hours (and otherwise by reasonable advance notice). The City shall notify Beacon if it requires emergency entry after operating hours. 1. Janitorial services: Beacon shall perform or cause to be performed janitorial services within the interior of the Facility, except the 4,500 square-foot area nn the second floor that may be leased by the City to third parties, including trash removal, and cleaning of classroom, office, and common areas as required to maintain a neat and clean appearance in the Facility. To the extent any other floor space is used by the City (or a third-party through the City), apro-rata adjustment shall be made. 2. Utilities: Beacon shall pay utilities directly. To the extent any floor space is used by the City (or by a third party through the City), apro-rata adjustment shall be made. 3. Routine /Minor Maintenance: Beacon shall perform or cause to be performed routine /minor maintenance on all incorporated systems. All incorporated systems: include: waste water pre-treatYnent (prior to entering the municipal system); water supply; ventilation and air monitoring, propane plant and liquid propane systems, fire extinguisher charging systems, fire suppression and alarm systems (sprinklers), electrical, elevator systems, plumbing, heating, ventilation and air conditioning and air systems, emergency breathing systems, communication .systems, self-contained breathing apparatus tanks, high pressure charging tanks, and the effluent building structure. However, it shall be the City's responsibility to schedule any inspections (annual or special) which may be required to comply or ensure compliance with any regulations. To the extent any floor space is used by the City (or third party through the City), apro-rata adjustment shall be made for maintenance of those articles which are in common use. a. Minor maintenance is defined as items costing $1,500 or less. 4. Other /Major Maintenance: Items which are beyond routine /minor maintenance and which are non-emergency repairs to be performed by the City shall require notice by Beacon to the City; emergency repairs may be performed by Beacon or a party Alaska Fire Training Center FaoiliYy Management Agreement Page 3 of ]0 performing at its request, so long as Beacon notifies the City as soon as possible of such repair(s). S. Facility User Fee Fund: Beacon will establish a facility user fee to be charged to users of the facility. The fee will average $10 per class per student. The fee will be paid to the City by Beacon. The facility user fee is intended to help offset major maintenance items fox the Center paid by the City. 6. Warranty Items. Upon discovery of defective workmanship, defective materials, or evidence or poor design, construction or installation, Beacon shall inform the City promptly of such item. 7. Beacon shall invoice the City for any pro-rata adjustments agreed to by the parties. D. Notification. Beacon, by the end of January each year, shall provide the City with a written request for funding any major maintenance and/or equipment items so that the City is able to include such items, if appropriate in the annual budget process. F. Indemnification. Beacon shall save or hold the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any negligent acts of commission or omission by Beacon, its agents, employees, customers, invitees, or caused by Beacon occupation, operation, or use of the Facility, and to pay all costs connected therewith, including reasonable attorney's fees. Notwithstanding the afore stated provision, the City shall save or hold Beacon harmless from all actions, suits, liabilities, or damages to the extent resulting from or arising out of any negligent acts of commission or omission by the City's tenant, its agents, employees, customers, invitees (the "Tenant"), or caused by the Tenant's occupation, operation, or use of the Facility, and to pay all costs connected therewith, including reasonable attorney's fees. F. Insurance. Beacon shall obtain and maintain insurance, in amomits not less than those listed below, by insurance companies with acceptable industry ratings, so long as such company is not barred from insuring City assets. All policies or endorsements shall, where possible, name the City as an additional insured. Beacon shall not commence to perform under this Agreement until all required insurance is in full force and effect. 1. Beacon shall provide the City with certificates of insurance within thirty (30) days of the effective date of this Agreement. The insurance shall be provided by a carrier rated "A--" or better by A.M. Best. Comprehensive general liability combined single limit (death, bodily injury and property damage) $5,000,000.00 Worker's Compensation Statutory Minimum Alaska Fire Training Center Facility Management Agreement Page 4 of 10 G. Compliance with all applicable regulation. In performing under this Agreement, Beacon agrees that it shall comply with all applicable local, state and federal regulations pertaining to such performance. Beacon shall not knowingly permit illegal activities to occur on the Center premises. H. Independent Contractor Status. Beacon shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Beacon performs the services required hereunder. Nothing contained herein shall be construed as creating an employment or agency relationship between the City and Beacon (for the purposes of this Section, Beacon shall include its employees, agents, officers, directors, and subcontractors). Beacon shall be solely responsible for the compensation (including benefits, if any) paid to said parties. Beacon shall determine the appropriate persomrel required to perform The duties described herein, and shall select, hire, supervise, and manage such personnel. This agreement does not lease, demise, rent or otherwise convey any land or interest in lands or property, in the Facility or Center, or the property at 450 Marathon Road, Kenai, Alaska. L Management. Beacon shall have management authority of the Center for hands-on training on aircraft and structural-industrial settings, including all parking spaces-except 12 which shall be reserved for athird-party tenant. Beacon shall have management authority of the Facility (including the entire first floor and the following spaces on the second floor: prop room and library for classroom and hands-on training). The City shall ensure that use of the second floor space by any third party (non-government entity) is not incompatible with Beacon management and operation of the facility. Subject to the provisions of Section III-J, the City may, on a reasonable and scheduled basis, utilize classroom spaces on the first floor for educational purposes as long as it does not interfere with Beacon management of the premises. The City reserves the right to the use of the Center and Facility during government declared local or area-wide emergencies. III. CITY SHALL PERFORM THE FOLLOWING DUTIES THROUGHOUT THE TERM OF THIS AGREEMENT. A. Ingress and Egress. Provide ingress and egress to Facility for Beacon, officers, employees, agents and invitees. B. City Maintenance of Center Property. The City shall provide all major maintenance of the Facility, non-potable water system (as well as systems to carry run-off firom the same), mechanical, electrical and plumbing systems (not including landscaping, grass cutting) and snow removal on the access road and parking lot. Alaska Fire Training Center Facility Management Agreement Page 5 of 10 C. Systems and Equipment. The City shall be provide and be responsible for the major maintenance and/or replacement of incorporated Facility systems, including prop controls and operations panels, which shall be maintained in good. working order by Beacon.. 1. Major maintenance is defined as items costing greater than $1,500. The Facility User Fee will be used to offset major maintenance items. D. Non-potable Water for Training. The City shall provide (and maintain-routine and otherwise) adequate fire hydrants and/or other water delivery systems required to deliver non-potable water to the training sites around the Center, as well as the systems for carrying away the run-off from same. E. Cooperative Marketing Efforts. The City shall work cooperatively with Beacon to market the Center with the goal of attracting new business for the Center and to retain established clients. The City will ensure the availability of information and materials to enable Beacon to incorporate sales, public relations and local tourism by Center clients. F. Training Vehicles. The City shall provide the training vehicles listed on Attachment A made a part hereof by this reference at no charge to Beacon for use in Beacon performance hereunder. The City shall ensw-e that the vehicles receive routine service maintenance, annual factory service, and any applicable certifications. The City shall provide automobile liability insurance with an insurance company with an acceptable industry rating in the amount of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence. The City shall provide Beacon a certificate of insurance naming Beacon as additional insured on such policy. G. Exclusivity. In recognition of the extraordinary investment of time and resources by Beacon and the City to develop a comprehensive training site, during the term of this Agreement, the City shall not contract with nor grant to any third party the right to provide fire training services for Kenai on the Center's site, unless such training services are being provided to an audience which includes only person(s) employed by the City of Kenai. Furthermore, throughout the term of the Agreement, no fire-related training on the site shall be scheduled independently by the City without prior coordination with Beacon. H. License Applications. The City shall assist Beacon by providing any information which may be reasonably required by Beacon to obtain permits or licenses, or to otherwise comply with local, state or federal regularions. IV. MISCELLANEOUS A. Assignment: Neither party may assign this Agreement to another party without the prior written permission of the other party. However, no assignment shall relieve the original contracting party from its obligations hereunder, and the assignee shall be subject to all terms and conditions of this Agreement. Alaska Fire Training Center Facility Management Agreement Page 6 of 10 B. 7)efault, Right to Cure, and Termination. 1. Termination. This Agreement may be terminated by either party by giving ninety 180 days notice. 2. Accrued Fees. Upon termination of this Agreement by either party, for any reason whatsoever, the parties shall pay to one another fees accrued through the date of termination; but the payment and acceptance of such sums by either party shall be without prejudice to claims by either party for damages arising out of the breach by the other party of this Agreement, including wrongful termination. 3. Return of Property. If, at the time of termination, either party has in its possession funds or other property of the other party, such property shall be retuned to the owner immediately, but not later than thirty (30) days following receipt of written notice. 4. Rights and Remedies. The rights and remedies of the parties contained in this section are not exclusive and are in addition to all other remedies available to the parties at law or in equity. 5. Non-waiver. The failure of either party at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of such party thereafter to enforce each and every provision hereof. 6. Amendment. This Agreement may be amended only by written agreement executed by the parties. ?. Choiee of Taw, The laws of the State of Alaska shall govern the rights and obligations of the parties under this Agreement. Any action commenced under this Agreement shall be filed in the Third Judicial District at Kenai, Alaska. 8. Severability. Any provisions of this Agreement decreed invalid by a court of competent jurisdiction shall not invalidate the remaining provisions of this Agreement, unless such provision is reasonably considered by either party to have a material impact on the financial or operating control of the Center. Should either party reasonably consider an invalidated provision to be material, either party may terminate this Agreement with ninety (90) days prior wrilten notice, subject to all other termination provisions set forth herein or in the Lease. C. Right of First Refusal: Beacon has first refusal rights to the additional space on the second floor when the current lease has expired. D. Naming of the Facility: Beacon has right to usefrefuse the Facility's current name "PRISM Training Center." Alaska Fire Training Center PaciLiry Management Agreement Page 7 of 10 E. Current Upgrades /Repairs: The City shall perform or cause to be performed the Center/Facility's equipment, as per list provided to the City, shall be brought up to current 2008 operation standards to insure that all equipment is and remains fully functional. F. Notices. All notices required by this Agreement shall be in writing and shall be sufficiently given and served upon the other party if sent by registered or certified United States mail, postage prepaid, and addressed as follows: IF SENT TO CITY City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611-7794 or at such other place as the City may, from time to time, designate by notice to Beacon. IF SENT TO BEACON Beacon OHSS, Inc. 800 Cordova St. P.nchorage, P.K 99501 Attn: Mark Hylen or at such other place as Beacon may, from thne to time, designate by notice to the City. G. Force Majeure. Except as otherwise provided, neither party shall be obligated to perform hereunder, and neither shall be deemed to be in default, to the extent its respective performance is prevented by fire, earthquake, flood, act of God, strike, picket, or boycott of the Center, riot, civil commotion, or other matter or condition beyond the control of the Harries; including the unavailability of sufficient fuel or energy to operate the Centex, or r- any law, ordinance, rule, regulation, or order of any public or military authority stemming from the existence of economic controls, riot hostilities, war or governmental law and regulation. H. Integration. This Agreement and all incorporated attachments and appendixes hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are not promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either oral or written between the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day acrd year first written above. PASSED and APPROVED by the City Council of the City of Kenai, Alaska, on the day of 2008. Alaska Fire Training Center Facility Management Agreement Page 8 of 10 CITY OF KENAI By: Rick R. Koch, City Manager By: ATTEST: Carol L. Freas, City Clerk APPROVED AS TO FORM: Cary R. Graves, City Attorney STATE OF ALASKA ) )ss THIRD NDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 2008, RICK R. KOCH, Kenai City Manager, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: Alaska Fire Training Center Facility Management Agreement Page 9 of 10 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 2008, > for State of Alaska, being personally known to me ox having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of Notary Public for Alaska My Car~~missicn Expires: Alaska Fire Training Center Facility Management Agreement Page 10 of 10 `~I/tlla~e Wl~f? ~ Past ~iG~/ Wlt~1 Gl FLt~'G€d'~ ri „-T~,~ ~, 210 FidalgoAvenue, Kenai, Alaska 99611-7794 -~ Telephone: (907) 283-7535 !Fax: (907) 283-3014 www.ci.kenai.ak.us the city of March 6, 2008 Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507-1286 RE; LrQvoir Lrc~.rasE ~r»war,~s~ At its regular meeting of March 5, 2008, the Kenai City Council reviewed the following liquor license renewal application(s) and raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. Beverage Dispensary Tourism Rosin Investments, inc., d/bja Jpper Decic, license #2993 Club Eagles #3525, License #337 American Legion Post #20, License # 1380 ltestakcraut/Eating Place L&M Ventures, Ina, dJb/a Little Ski-Mo Drive ln, License #1774 If you have any questions, please contact me at 283-7535, extension 231 CITY OF KENAI Carol L. Freas City Clerk clf cc: Kenai Borough Clerk KPB Finance Department Applicant{s) 69 FEB-19-2009 TUE 1144 Ah1 KENAI PENN BORO(1GH CLERK FAX N0. 907 262 8615 P, 01/01 KE~II t P' 1Vt[~I ~~A UGH 144 N. BINKLEY S7 • SOLL70TNA, ALASKA ®99669-7520 PHONE: (907) 714-29607 • SAX: 49a~) 794-2966 3 Tol!-free within the Borough: 1-600-478-4441, Ext. 2160 EMAIL: assarnblyclerkCc3boraugh.kenai.ak.us SHERRY BIGCS, GN1C BOROUGI.1 CLE1214 February 19, 2Q48 7vIs, DawnIiolland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road .Anchorage, AIC 99507-1286 Re. Application for Renewal of liquor Licence #1380 I]ear Ms. Williams: Please be advised thaC the IC.eaai PeninsulaBorongbbas no objectianto Che approval ofthe following aggiieatYOn(s} for renewal of liquor license(s) of the establishmealt(s} located within the City of ISenai, Alasltia: Ciuh A,periaan t`eeion Post #20 (Lic.1# 1380) The Kenai PeninsulaBoroughFinanaeDepartmanthas aeviowedits files andhas raisedna objection based an unpaid or delinquent taxes. Sincerely: (~ "" -. Sherry 73iggs, C ~~ Borough Clerlc cc: Agplieant City of Kenai 1CPB Finance DegarLlnenC File ao FE8-20-2008 WED 10,40 AN KENAi PENN BOROUGH CLERK FAX NO. 907 262 8615 P, 01/01 `~ "~~c.. 16ER~~k1 Rt1UL,A OBE tJ W 144 N, 81NKLEY ST • SOLDOTNA, ALASKA • 996697520 PHONE: (907) 719.-2160 ^ PAX: (907) 714.2386 Tall-free within the Borough: 1 800.478-4441, Ext. 2160 ENTAIL: assembiyclark@borough,konai.ak.us SHERRY i31T3GS, CHIC BOROUGH CLERK February 2q, 2g08 Nls. Dawn TToTlaud-Williams Records & Licettsittg 5upervi.sor Alcoholic Beverage Control Board 5848 B. Ttulor Road Anchorage, ATE. 49507-1286 Re: Application for Renewal of Liquor Lioence #337 ற Dear Ms. Williams: Please be advised that theT~.enai PeninsulaBoroughhas na objection to the approval ofthe following application(s) far renewal of ligLwr licenso(s} oP the estabIishme7~t(s) located within the City of T~enai, Alaska: Ciieb Bagels #3525 (T.io. #337) $eveea~e Disnensarv TonrSs-n Upper Deck #2993 The Kenai PenfnsulaBorough Finanoebeparimenihas revicwedits files and has raisedno objection based on unpaid or deliaquent taxes. SiacerelY, j y" ` /~ Sherry Biggs, C C (f Borough Cleric cc: Applicant City of Kenai KPB Finance Department File 71 FE8-25-2008 NON 04.34 PN KENAI PENN BORO(1GR CLERK FAX NO, 907 262 8615 P, 01101 r ~^(~~' ,.~ ~C. 1~~ Its[ ~11.~- t~ EE ~"'~ L°~`~~. 144 N. 6pNKLEY 5T • SOLDOTNA, ALASKA ° 99!566-7520 LF ~ RHONE: (907) 714-2160 • FAX: (907) 714-2388 ~a r Tofl-free within the Borough; 1.500-478.4441, Ext. 2160 EMAPL: assemblyclerk@6eraugn,lcanai,ak.us '~-,. ,.~ SHERRY BlGGS, CMC BOROUGH CLERK February 25, 2068 Ms. Dawn Holland-Williaws Reoords & Licensing Supervisor Aloolsolic 13everagc Control Boaad 5848 E. Tudor Road Anohorage, AIC.99507-1.286 Ra: Application for: Renewa3 of Liquor Licence #1774 Dear Ms: Williams: Please be advised that the ICenas Peninsula BoroXt~h has no ahjoction to the approval of the following application(s) forrenewal ofliq'~wr'license(s) ofthe astablishment(s} Iodated within the CityofKenai Alaska: ltestauraut Patina Plaee I,~cele Slsi-NIo Drive In. #1774 The Kenai PeninsulaBorough Finance I7epartmenthas reviewed its files andlsas raised na objection based on unpaid or delinnnent taxes. Sincerely,. ~. . C~-~~ s C ShersyBagg Borough Clerk cc: Applicant City of IGenai I{PB Finance Department File T2 ACxENDA KENAI GITY COUNCIL - REEaULAR MEETINCr FEBRUARY 20, 2008 7:00 P.M. KENA% CITY COUNCIL CHAMBERS htt~J lwww.ci.kenai.ak.us ITEM A: CALL T® 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 Grders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Ingrid Edgerly, Love INC of the Kenai Peninsula -- Homelessness on the Kenai Peninsula and Love INC Family Hope Center Update. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes} ITEM D: REPORTS OF B:PB ASSEMBLY LEGISLATORS AND COU"NGIL.B rmFn~r w:• PLtRr.rt~ H"~:AI~?NCxS (Testimony t;m;ted to 3 minutes per speaker.l 1. Ordinance No. 2279-2008 -- Increasing Estimated Revenues and Appropriations by $39,238 in the General Fund for a Grant for Police Equipment and Transferring $11,831 in the Police Department for the Grant Match. 2. Ordinance No. 2280-2008 -- Amending KMC 23.50.010 to Change the Range of the Public Works Director Position From a Range 24 to a Range 23. 3. Ordinance No. 2281-2008 -- Amending KMC 8.05 to Adopt the 2006 International Fire Code, First Printing. 4. Resolutioxc No. 2008-OS -- Setting the Public Hearing Date on the Proposed Thompson Park, Beaver Creek, Alaska, Mack, Valhalla Heights, and Sunset Rim Subdivisions Paving District. 73 5. Resolution Na. 2008-06 -- Setting the Time and Place for a Public Hearing on the Aliak, McCollum, Japonski Street Improvement Special Assessment District. 6. Resolution No. 2008-07-- Setting the Time and Place for a Public Hearing on the Set Net Drive Special Assessment District. Resolution No. 2008-08 -- Setting the Time and Place for a Public Hearing on the Angier Drive Special Assessment District. Resolution No. 2008-09 -- Awarding a Lease to Copper River Seafoods for Kenai Dock Stations No. 2 anal No. 3 From May la, 2008 to May 14, 2011 for the Amount of $41,000 Per Year and Boat Storage Areas No. 2 and No. 3 From June 1, 2008 to May 14, 2011 for the Amount of $1,001 Per Month. ITEM F: MINUTES *Regular Meeting of February 6, 2008. ITEM G: UNFINISHED BUSINESS 1. Discussion -- Schedule Budget Work Sessions 2. Discussion -- Council Meeting Videotaping YTEM H: PIEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding X15,000 3. *Ordinanee No. 2282-2008 -- Amending KMC 14.20.160 (b)(8}, KMC 14.20.161(b}(5) and KMC 14.20.170(b)(8} by Replacing the Reference to the Horizontal Property Regimes Act in AS 34.07 With a Reference to the Uniform Common Interest Ownership Act in AS 34.0$. 4. *Ordinsnce No. 2283-2008 -- Increasing Estimated Revenues and Appropriations by $7,060.76 in the General Fund to Pay for Police Training and Patrol Rifles. Discussion -- Rezone of Airport Property ITEM I: COMMISSIONIOOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Hv-bor Commission 4, Literary Commission 5. Parks & Recreation Commission 74 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Cxrant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS City Manager Attorney City Clerk ITEM L: DISC[TSSIOId 1. Citizens (five minutes} 2. Council %TEM M: PERgDING LEGISLATION (This item lists legislation which will be addressed at a Later date as noted.) Ordinance No. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. (Clerk's Note; drdinance No. 2269-2007 was amended by substitution at the February 6, 2008 council meeting. The ordinance was then postponed to IVlareh 5, 2008.) -- None Scheduled I T E~r~I. a~i: TrJ ELENAI CITY COUNCIL -REGULAR MEETING FEBRUARY 20, BO®8 ?:00 P.M. KENAI CITY COUNCIL CHAMBERS httn: / (www.ci.kenai,ak.us MAYOR PAT PORTER, PRESIDING MYNUTES ITEM A: CALL TO ORDER Mayor Porter caIled the meeting to order at approximately 7:00 p.m. in the Council Chambers in the lienai City Hall Building. A-I. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-~. ROLL CALL A quorum was present. Absent: Brittany Harding, Student Representative A-3, AGENDA APPROVAL Mayor Porter requested an executive session be added to the agenda. MOTION: Council Member Smalley MOVED for approval of the agenda with the addition of an executive session. Council Member Swarner SECONDED the motion andsequested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Swarner MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. ITEM B: SCHEDULED PUBLIC COMMENTS {10 minutes) 76 The City Clerk took roll. Present were: CITY COUNCIL MEETING MI1V'UTES FEBRUARY 20, 2008 PAGE 2 B-!. Iagrifl Edgerlp, Love INC of the Kenai Feaixtsula -- Homelessness on the Kenai Peninsula and Love INC Family Hope Center Update. Ms. Edgerly stated she was the Executive Director of Love INC and her address as P.O Box 3052, Kenai. Edgerly explained the organization operated as a clearinghouse connecting people in need with available resources through agencies, organizations and church volunteers. Edgerly noted the University of Alaska Institute of Social and Economic Research (ISER} report was included in the packet which indicated the amount of homelessness in the Kenai Peninsula Borough. Dan Vaa Zee, 3035 Nicholas Drive, Soldotaa, AK -- Van Zee gave a presentation on the amount of homelessness on the Peninsula and the organization's interest in developing a transitional living facility in the City of Kenai. ITEM C: UNSCHEDULED PUBLIC_COMMENTS -- None TfiEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.} E-!. Ordinanoe Na. 229-2008 -- Increasing Estimated Revenues and Appropriations by $39,238 in the General Fund for a Grant for Police Equipment and Transf"erring ~ i i,83 i in the Police Departmeni for the Grant Match. MOTION: Council Member Smalley MOVED for the adoption of Ordinance No. 22792008 and Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE: MOTION PASSED UNANIMOUSLY. 7a *Student Representative Harding: Absent CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAC=E 3 E-2. Ordinance Na. 2280-20®8 -- Amending KMC 23.50.010 to Change the Range of the Public Works Director Position From a Range 24 to a Range 23. MOTION: Council Member Eldridge MOVED for adopfion or Ordinance No. 22$0-2008 and Council Member Swarner SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Harding: Absent i Eldnd ee ~ Yes Ross ~ Yes ~ Mollo Yes Berle ~ Yes i Porter Yes ~ Swarner , Yes rSmalley Yes _____ ~ _ ( ~ MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2281-2008 -- Amending KMC 8.05 to Adopt the 2006 International Fire Code, First Prazting. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2281-2008 and Council Member Smalley SECONDED the motion. There were no public comments. There were questions related to 901.4, Installation of Fire Protection Systems and 308.3, Open Flame. A request was made for additional information as to the latitude the city had with enforcement of uses of open flames, both indoor and outdoor. MOTION TO POSTPONE: Council Member Ross MOVED to postpone Ordinance No. 2281-2008 to the first meeting in March and Council Member Eldridge SECONDED the motion. VOTE: *Student Representative Harding: Absent 78 CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 4 Eldridge Yes j Ross Yes ~ Mollo Yes Boyle Yes Porter Yes ~ Swarner ~ Yas Smalley ~ Yes ~ ~ ~ ~ MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2008-OS -- Setting the Public Hearing Date on the Proposed Thompson. Park, Beaver Creek, Alaska, Mack, Valhalla Heights, and Sunset Rim Subdivisions Paving District. Council Member Molloy MOVED to approve Resolution No. 2008-05. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. Carroll Murphy, Thompson Park -- Mr. Murphy stated his support of the paving project but stated concern with a ten percent (10%) interest rate if paid in installments. It was explained the resolution set a public hearing date and his concerns should be presented at the March 19 public hearing. VOTEc There were no objections. SO ORDERED. E-5. Resolutioa No. 2008-06 -- Setting the Time and Place for a Public Hearing on the A1iak, McCollum, Japonski Street Improvement Special Assessment District. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2008-06 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no public ar council comments. VOTE: There were no objections. SO ORDERED. E-6. Resolutioa No. 200$-07-- Setting the Time and Place for a Public Hearing on the Set Net Drive Special Assessment District. MOTION: Council Member Molloy MOVED to approve Resolution No. 2008-07 and Council Member SmaIIey SECONDED the motion. 79 CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 5 There were no pubfic or council comments. V®TE: MdTYON PASSED UNANYM®USLY. E-7. Resolution No. 2008-08 -- Setting the Time and Place for a Public Hearing on the Angler Drive Special Assessment District. MOTYON: Council Member Eldridge MOVED for approval of Resolution No. 2008-08 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motian. There were no public or council comments. Vc''i'E: There were no objections. SO ORDERED. Concern was expressed all the public hearings on special assessment districts were being scheduled for the same evening. Administration was requested to advise council of concerns received from property owners at the March 5 meeting. E-8. Resolution No. 2008-09 -- Awarding a Lease to Copper River Seafoods for Kenai Dock Stations No. 2 and No. 3 From May 15, 2008 to May 14, 2011 for the Amount of $41,000 Per Year and Boat Storage Areas No. 2 and No. 3 From June 1, 2008 to May 14, 2011 for the Amount of $1,001 Per Month. M®TION: Council Member Molloy M®VED for approval of Resolution No. 2005-09. CouncIl Member Swarner SECONDED the motion and requested UNANYM®US C®NSENT. There were no public or council comments. 80 *Student Representative Harding: Absent CZTY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 6 VOTE: There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of Februarp 6, 2008 -- Approved by consent agenda. YTEM G: UNFINISHED BUSINESS G-1. Diseussioa -- Schedule Budget Work Sessions Council scheduled budget work sessions for April 14, 2008 at 6:00 p.m. and April 21, 2008 at 6:00 p.m. Administration was requested to provide the draft budget to council members prior to April 1. Council was informed of a request from the Airport Commission to have Finance Director Semmens attend its next meeting to discuss the Airport budget more fully. G-2. Discussiola -- Council Meeting Videotaping City Clerk Freas reviewed information included in the packet, i.e. need for coverage during school breaks, whether to contract, etc. Freas was requested to contact GCI and check whether breaks could be taken, etc. A report of the fmdings was requested for the March 5 meeting. ITEM H: NEW BUS%NESS H-l. Bi9ls to be Ratified MOTION: Council Member Smalley MOVED to ratify the bills. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-2. Approval of Ptsrehase Orflers Exeeedirag $I6,000 -- None. H-3. Ordinaasxee No. 2282-200$ -- Amending KMC 14.20.160 (b)(8J, KMC I4.26.161(b)(5) and KMC 14.20.170(b}(8) by Replacing the Reference to the Horizontal Property Regimes Act in AS 34.07 With a Reference to the Uniform Common Interest Ownership Act in AS 34.08. 81 CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 7 Introduced by consent agenda. Ii-4. Ordinance No. 2283-2E908 -- Increasing Estimated Revenues and Appropriations by $7,060.76 in the General Fund to Pay for Police Training and Patrol Rifles. Introduced by consent agenda. Ii-S. Discussion -- Rezone of Airport Property A brief discussion took place of whether council wanted to initiate the rezone of Airport Reserve property located north of the Kenai Spur Highway. MOTION: Council Member Eldridge MOVED to forward the rezone of airport property question to the Planning 8v Zoning Commission. Council Member Ross SECONDED the motion. VOTE: *Student Representative Harding: Absent ITEM I: COMMISSION/COMMITTEE REPORTS I-I. Council on Aging -- Council Member Boyle reported the next meeting would be held. March l3; 2008. I_2, Airport Commission -- Council Member Molloy reviewed items discussed and actions taken at the February 14, 2008 meeting. I-3. harbor Commission -- Council Member Boyle reviewed. actions and items discussed from the February 1 I meeting and noted the meeting summary was included in the packet. I-4. Library Commission -- Council Member Smalley reviewed the February 5 meeting summary included in the packet, noting the next. meeting would be held March 4. s2 MOTION PASSED UNANIMOIISLY. CITY CpUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 8 Mayor Porter informed council of Rebecca Gilman's decision to resign from the Commission and requested a thank you letter be prepared. I-6. Parks & Recreatson Commission -- Council Member Eldridge reported the next meeting would be held on April 3. I-6. PYanning & Zonisag Commission -- Council Member Molloy reviewed discussions and actions taken at the February 13 Planning & Zoning Commission meeting and noted the meeting minutes were included in the packet. Mayor Porter noted an appointment was needed to the Commission and recommended Karen Koester be appointed. Council stated no objections. A thank you letter to Tony Lewis was requested to be prepared. I-T. Miscellaneous Commsssions and Committees Y-7a. Beautycation Committee -- Council Member Swarner reported the next meeting would be held on March 25. I-7Is. Alaska Municipal League Report -- Council Member Smalley reported he participated in a teleconference related to SB 72, revenue sharing. I-7c. Mini-Grant Steering Committee -- No report. %TEM J REPORT OF THE MAYOR -- No reporC. YTEM I{: ADMINISTRATION REPORTS Ii-1. City Manager -- City Manager Koch reported the following items: • He traveled to Juneau and discussed revenue sharing with legislators. • Received notifcation from the Rasmuson Foundation regarding the Tier II grant application. An ordinance to appropriate funds for professional services would be included in the next packet for the first and second readings. Ftxnda would be used far assistance in preparation of the grant application. • A well producing reasonable amount of water was found near the city dock. The wellJwater was being tested. • The Everts Fuel Lease agreement would be executed. Administration was requested to include last year's figures in the airport enplanement report for comparisons. K-2. Attorney -- City Attorney Graves reported the following: 83 CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 9 + An ordinance related to ATV use on city beaches would be included on the March 5 agenda for introduction. The ordinance was written consistent with what commissions had recommended. • He had prepazed a draft bear nuisance ordinance and requested council direction whether it should be included on tha March 5 agenda for introduction or as a discussion item. Cauncil directed it be a discussion item and requested Larry Lewis (Alaska Fish 8v Game) to attend the meeting as well. K-3. City Ciezk -- Clerk Freas reported the following: + She, along with the Borough Clerk and Soldotna City Clerk met with representatives of the Peninsula Clarion to discuss Mayor Porter's idea of a "government page" as a weekly addition to the paper. The Clarion would be forwarding some options in the near future. • Last month a letter was sent to Mayor Carey and Assembly President Merkes requesting to hold a joint work session to discuss common issues of interest (waterJsewer, roads, etc.). The Soldotna Clerk was directed to work with Freas to identify a common date for scheduling. Porter stated she would contact Mayor Carey and President Merkes to schedule a date. ITEM Y,: I7ISCUSSI®1V L-1. Citizens -- Bois Peters, ®id Town -- Commented on videotaping of council meetings and concern for estimated costs stated for contracting the work. L-2. Council Swarnex -- Questioned the process of snowplowing, i.e. scheduling of what street is plowed first, eta Smalley -- • Thanked Freas for the copies of Roberts Rules provided to the council members. + Congratulated Karen Koester for her appointment to the Planning ~ Zoning Commission. Eldxidge -- Stated he was happy Wal-Mart presented a check to the Challenger Center. Ross -- Congratulated Koester on her appointment. Molloy -- + Noted the airport rezone would be major and wanted to take time in its consideration. 84 CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 10 Soyle -- ~ Commented on the use of the videotaping to be broadcast on the cable channel, noting it was the most cost effective way to get meetings out to the public, provide information to the public and get the public to care about what was happening in local government. Porter -- No comments. %TEM M: PENDING LEGYSLATION (This item lists legislation which will be addressed at a later date as n.oted.J Ordinance No. 2269.2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. (Clerk's Nate: Ordinance No. 2269-2007 was amended by substitution at the February 6, 2008 council meeting. TYce ordinance was then postponed to March 5, 2008.) EXECUTIVE SESSION -- None Scheduled MOTION: Council Member Swarner MOVED to convene in an executive session of the Council of the City of Kenai concerning matters which would clearly have an adverse effect upon the fmances of the City: to discuss negotiations for facility management services for the PRISM Training Facility and requested City Attorney Graves, City Manager Koch, and Finance director Semmens to attend. Council iviember Smalley SECONDED the motion. VOTE: Eldrid e Yes ~ Ross 'Yes Mollo Yes Bo le Yes Porter I Yes Swarner Yes Smalley Yes I ~ ~ , j MOTION PASSED UNANIMOUSLY. CONVENED IN EXECUTIVE SESSION: 8:40 P.M. BACK TO ORDER: 4:18 P.M. Council Member Swarner reported, during the execufive session council directed the city manager and management team to continue the negotiations for the Fire Training Center. SS CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE l l Porter reported she had been approached by Pebble Mine to do a photo shoot which she did. She noted, the photo would be aired in the future. She stated the ad was not necessarily supporting Pebble mine, but caring for the environment and she would not be paid for her participation. I°£E11sZ &I: 1iY3JCSYTF~RTMEN3' There being no further business before the Council, the meeting adjourned at approximately 9:20 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting. 86 I~ENAI CITY COUNCIL WORK SESSION FEBRUARY 20, 2008 5:30 P.PQ, KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTERS PRESffiiNG NOTES Council Present: P. Porter, R. Molloy, R. Ross, B. Eldridge, H. Smalley, L. Swarner, and M. Boyle Staff Present: C. Frees, C. Graves, L. Semmens, C. Kopp, M. Joiner, B. Springer, M. Tilly, and R. Craig Mayor Porter opened the work session at approximatelys:30 p.m. and noted the purpose of the work session was to discuss a FY2009 employee salary Cost of Living Adjustment {COLA) and to review a proposal to restructure the Kenai Police Department salary schedule. Cost of Liein~ Allowance Increase: City Manager Koch reviewed information included in the packet and explained, he was requesting support by council to build the F&2009 budget with the inclusion of a 4.3% COLA. A brief discussion followed related to the packet information and the history of COLA increases as well as the effect of the Anchorage Consumer Price Index. Council stated no objections to use a COLA increase of 4.3°io in building the FY2009 budget. Proposal to Restructure I{euai Police Department Salary Sc&edule: Koch referred to his memorandum included in the packet and noted recruiting law enforcement officers was a problem and, he believed, mostly dixe to the Alaska Legislature modifying the Public Employees Retirement System (PERS) from a Defined Benefits Program to a Defined Contribution Program. He also noted, the recruitment problem existed throughout Alaska. Koch reviewed options and the pras f cons of each, included in the memorandum: Step One: Modify Existing Salary Schedule 1. Do nothing, retain current salary schedule for KPD Officers. 2. Modify the City of Kenai salary schedule for police afficers, patrol sergeants, the lieutenant and the police chief. (Administration's recommendation). Step Two: Placement of present reclassified officers, sergeants; lieutenant and police chief within salary schedule. Koch explained., if council agreed to the reclassification proposal under Step One, administration proposed to decrease by two steps the present step placement for all officers, sergeants, and the Lieutenant and to decrease by one step the present step 87 KENAI CITY COUNCIL WORK SESSION FEBRUARY 20, 2008 PAGE 2 placement for the Police Chief. The fiscal impact of the administration's proposal would increase personnel costs by $88,775.82. He indicated, he was nat certain with the change in the lieutenant salary, but would be considering this further, including making the position exempt. Koch requested council's direction to develop a reclassification ordinance to introduce in March. A history of vacancies within the department was reviewed by Chief Kopp. After a brief discussion, council directed administration to go forward with its recommendations, including further consideration of the lieutenant position salary reclassification, and develop an ordinance to introduce in March. The work session ended at approximately 6:16 p.m Notes prepared by: Carol L. Freas, City Clerk 88 ,y,l d 0 0 q ~ O O W N M V ~ ~~y cN~ O O Q s} tf~ ~Wp ~ Cii N ~ M M F Z ~ Q o O b C o O O Ca O O O O P J J F' J v 5 a_ ~ ¢ a a ~ 5 ~ w Gdi ~ t/3 N U) t1J ~ O o th (~y, q O q_ O ~ °~v c°v N ~, W d ¢ ~ 4 ~ rn N x~11 e9 LO ~ ~ ? .' ~ i 1+ N h~ Q LL J Q.l U d a ~ ~ ~ ~ a o z v °v a z w w uvi ~ N ® ~ ~ ~ ~ ~ N N N h. ~ s s o ®~ 0 ®.. O ,~ ~® ~~ ~z E- o a ~ ~ N O ~ s s _ ~r ~Sa ~ w > ~~ g ~ d ~o `~ ~ ~ ~ ~ ~ ~ ~~ z Qd. U } U U W ~ Z> d O 89 J ~" d Q J i. g Z U lU Lkl 6 _v x R7 °2 O S N O O ~ O (~} a ~ W S ® li. N ~ tntd ~ ® ~'` ~ ~ o ~ ~ ~ _ . a -' ~ G Q 0 O O O W U w J d I.U LL. LL F~ Z GEI Yd Ill ~_ m J H Z CC Z N fl Z SL z a 0 cs w A Y F O i ~~+ Q. LL[ f3 W C] Suggested by: Administration CITY OF KENAI ORDINANCE N0. 2284-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 13.30.080 AND KMC 13.40.020 TO ALLOW FOR PUBLIC SAFETY, MAINTENANCE, REPAIR, UPKEEP AND CLEANUP VEHICLE ACCESS FOR CERTAIN BEACH AREAS. WHEREAS, KMC 13.30.080(aj{1) and (b) prohibits vehicle beach access an certain beach and vegetated areas of the north and south shores of the mouth of the Kenai River with exemptions for public safety vehicles; and, WHEREAS, KMC 13.30.080(a)(1) and (b) do not provide an exemption for city or state maintenance, repair and cleanup vehicles; and, WHEREAS, KMC 13.30.40.020 prohibits operation of ofF-road vehicles in certain areas of the city; and, WHEREAS, KMC 13.40.020(j) provides an exemption for city or state off-road vehicles engaged in maintenance, repair, cleaning and upkeep, but does not provide an exemption for public safety vehicles; and, WHEREAS, exemptions for such vehicles are necessary for proper management, maintenance, and protection of the beach; and, WHEREAS, the 2008 Dip Net Management Recommendations include the above referenced changes; and„ WHEREAS, the Kenai Harbor Commission and Parks and Recreation Commission voted to support the recommended code changes; and, WHEREAS, the recommendations are needed for proper maintenance, management and protection of the beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 13.30.080 and KMC 1.3.40.020 are amended as follows: SECTION I: KMC 13.30.080(a) (a) North Shore. (1) It is unlawful for any person to operate a motorized vehicle in the area indicated on the map appended to this chapter, designated as Appendix II, and made a part thereof, excepting the 93 Ordinance No. 2284-2008 Page 2 of 2 estab&shed roads within the area of beach road and a portion of Spruce Street and further excepting transit of this prohibited area entering or leaving at the designated area at the beach road and directlq to the northwest to the westerly boundary of the prohibited area which may be entered or exited only in the tidal area. City, state or [Pjpublic safety {police, fire, ambulance, rescue) vehicles may aperate in the prohibited area if necessary for public safety, maintenance repair cleaning and upkeep purposes. SECTION II KMC 13.30.080(b} (b} South Shore. It is unlawfizl for any person to operate a motorized vehicle nn the vegetated area delineated by the map appended to this chapter, designated as Appendix II, and made a part thereof. City, state or (Pjpublic safety (police, fire, ambulance, rescue) vehicles may operate in the prohibited area if necessary for public safety purposes maintenance, repair, cleaninz and upkeep purposes. SECTION III KMC 13.40.020(j) ( j) Not withstanding the provisions of this section, the City or State, or their agents, may operate machinery or off-road vehicles irx otherwise prohibited areas for public safety, maintenance, repair, cleaning and upkeep. PASSEiJ BY '1'riE COUNCIL OF TriE CITY ur Kr.ivAi, ALASKA, this i9~~ day of iviarcil 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March S, 2068 Adapted: March 19, 2008 Effective: April 19, 2008 94 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 22$6-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 1) AMENDING THE SALARY SCHEDULE IN KMC 23.50.010 TO RECLASSIFY POLICE OFFICER POSITIONS BY INCREASING THE RANGE OF THE POSITIONS AND CHANGING THE STEP OF SOME EXISTING EMPLOYEES WHO. ViTILL RECEIVE A RANGE INCREASE AND 2) MAKING THE NEXT POLICE LIEUTENANT AN EXEMPT EMPLOYEE UNDER KMC 23.10.030. WHEREAS, changes in the Alaska Public Retirement System have made it more difficult to at`~ract entry level police officer positions; and, WHEREAS, an increase in demand along with higher pay offered for private security personnel has also made it more difficult to attract police officers; and, WHEREAS, higher pay in the Anchorage Police Department is also makes it difficult to attract and retain Kenai Police Officers; and, WHEREAS, the difficulty in recruiting for entry level police officer positions is sho~~n by an unfilled vacancy since October 2007 in the Kenai Police Department; and, WHEREAS, the City of Kenai has not had similar difficulty attracting applicants for other public safety ar general government job openings; and, r rr~rati`nc~ ..t.. ,.:« t.»+ d nt ~n r r a i mfnr vUI-x~,~~,.~,.~, reu~.~.~.g recruitment s «..dar s is n., a, ceptable :ne..h«r± s~_~ attracting police department recruits; and, WHEREAS, retaining high quality police officers is a high priority for the City of Kenai; and, WHEREAS, pay increases far new and current Kenai Police Officers will make is easier to attract new police officers and retain existing personnel; and, WHEREAS, the position of Police Lieutenant should be exempt from the overtime requirements of the Fair Labor Standards Act (FLSA}; however, it would be unfair to current Police Lieutenant to remove his overtime eligibility. Therefore, at such time as the position is vacant in the future the position will become exempt from the avertime requirements of the FLSA; and 45 Ordinance 2286-2008 Page 2 of 3 WHEREAS, it is in the best interest of the City of Kenai to increase the salary of police recruits and existing officers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAT, ALASKA, that the Kenai Municipal Code is amended as follows: SECTION ONE KMC 23.50.010 is amended as follows: CLASS CODE 106 303 304 305 3l4 SECTION TWO CLASS TITLE RA%GE Police Chief [22] 23 Police Lieutenant [18] 20 Police Sergeant [16] 18 Police Officer {14) 16 Police Trainee [ 13] 16 The following section is added to the uncodified Kenai Municipal Ordinances. Keno: Police Officers, except th> Chief pf Pnlirr ~ emnlnved an the effective date of this _ r__~ _ ordinance and receiving a two range increase as set forth in Section One above shall have their step moved back two slots in the City of Kenai Salary Schedule in KMC 23.55. The position of Chief of Police will move up one Range and back one Step. For example, if a current Kenai Police Officer is a Range I4, Step F, after the effective date of this ordinance he/she would be reclassified to a Range 16, Step D. A Patrol Sergeant who is a Range 16, Step CC now would be reclassified as a Range 18, Step AA. The Chief of Police would change from a Range 22, Step F, to a Range 23, Step E. The anniversary dates of current employees for future step increase shall not be changed by this ordinance. SECTION THREE KMC 23.10.030(b) is amended as follows: 9f: Ordinance 2286-2008 Page 3 of 3 (b) The following supervisory and professional positions of the classified service are considered to be exempt from the provisions of the Fair Labor Standards Act due to the nature of the position: Airport Manager. Finance Director Fire Chief Librarian Parks and Recreation Director Police Chief Police Lieutenant Public Works Director Public Works Manager Senior Center Director SECTION FOUR The following section is added to the uncodified Kenai Municipal Ordinances. The amendment to KMC 23.10.030(b) as shown in Section Three above, shall not effect the current employee in the position of Police Lieutenant. However, any new person, whether currer.±ly employyed ir. ±he Ker??' Palice Department or nat, who takes the position of Police :Lieutenant after the effective date of this ordinance shall be subject to KMC 23.10.030{b). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of March, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 5th, 2008 Adopted: March 19th, 2008 Effective: April 19th, 2008 37 !` ~.`r ~M~b` ~, Z~ ~~ tlaeciti+o{// "~'llaye ~itlt a Past, Gity with a Fr~tr~r'e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 u ~~~, Telephone: 907-283-7535 /FAX: 907-283-3014 I~ ~} 5992 MEMO: TO: City Council (~~FROM: Rick Koch VV"" DATE: February 28, 2407 SUBJECT: Proposal to Re-Structure Kenai Police Department (KPD) Salary Schedule The purpose of this correspondence is to propose a re-structure of the salary schedule as it applies to Police Officers, Patrol Sergeants, the Lieutenant, and the Police Chief. SunamarV of the Issue or Probtem Since the Alaska Legislature modified. the Public Bmployees Retirement System (PBRS) from a. Defrned Benefits Program. to a Defined Contribution Program, law enforcement agencies throughout Alaska have faced increased challenges in recruiting law enforcement officers. Smaller departments in south central Alas}ca have faced. additianal challenges in trying to recruif officers because of the higher compensation and other incentives being offered by the Anchorage Police Departanent (APD). Whi}e there are salary(incentive differences arc°oss the entire salary schedule between. the KPD and APD, this proposal primarily attempts to address the problem we cm~-ently are facing with the recruitment of new officers, both for new recruits, and for lateral transfer of certificated officers. W e presently have a patrol offioer position that has been vacant since October, and we have no qualified applicants for the position. This problem is unique to the recruitment of taw enforcement officers. We have not had. significant difficulties in recruiting qualified persoimel for other city positions at the current salary schedules. 98 Back~raund. Assumptions, and Other Important Fnformation All the taw enforcement agencies we researched in this analysis share a common problem, it is difficult to recLUit adequate numbers of qualified individuals to maintain staff ng of law enforcement officers. I wish to emphasize, the problems appear to he in recruiting, not retaining officers {other than. retirement). Both APD and the Fairbanks Police Department (FPD} have recently begun offering advanced placement within the salary schedules for both rect~zits and lateral. transfers to address this problem. A memorandum of agreement (MOA) between the Municipality of Anchorage and the Anchorage Police Department Employees Association, dated August 28, 2006, increases the base hourly compensation for a recruit from $ 21.20 per hour to $ 26.49 per hour (24.95% incease), and increases the base hourly compensation for a lateral entry program. officer from $ 26.49 per hour to $ 27.89 per hour (5.29% increase}. While the majority of my analysis is between the APD and I{PD, it is not my intent to mirror APD's salary schedule. It has been. stated by those with historical knowledge of the KPD, thaC wa can be competitive with APD in recruitment if our salary structure is within 20% of theirs. Hz preparing this proposal, I accept the assumption that working in Kenai at KPD provides other quality of life benefits which make us competitive at a lower salary schedule. I have excluded soiree items of compensation from my analysis. These are overtime, special assignment pay, court appearance pay, and call-inlcall-back pay. APD Officers era provided the opportmiity to work a significant amount of overtime while KPD Officers are not, and l was Luiable to quantify the other compensation items, so they were not included. If these items were included, tl7e difference in compensation between similar pay grades at APD and KPD, would be greater. Attempting to solve this problem. requires taking atwo-step approach. Step one, is to determine the appropriate placement of ICPD law enforcement officers on the salary schedule to provide sufficient monetary incentives to successfully recruit new officers. Step two; if the Council agrees with step one to modify the existing schedule, is where to place the present employees on the new salary schedule. STEP ONE -MODIFY EXISTING SALARY SCHEDULE Option Number One - Do Nothing, Retain Current Salary Schedule far ICPD Officers Description -Maintain the current salary schedule. PROS - 1. Lowest cost. By maintaining the current salary schedule there will be no increase in payroll/compensation. costs to the City. 2, Other city employees do not feel "under appreciated" as a result of the police department being "singled out" for salary re-structuring. 99 CONS -1. Recruitment of new officers, both for recruits, and for lateral transfers of certified officers will become increasing more difficult as Alaskan law enforcement agencies more aggressively compete for recruits and. lateral transfers. The APD has shown it,will aggressively attempt to recruit officers from other Iaw enforcement agencies throughout Alaska, and will. come to otu community to do so. 2. KPD maybe forced to reduce the qualificatmns presently required of it's recruits/officers in order to ull vacant positions. Option Nnmber Two - Modlfy the City of Kenai Salary Schedule for Police Officers, Petro[ Sergeants. the Lieutenant, and the Police Chief. Description -Modify the Classification. Plan as follows: Class Present Proposed Cods Class Title Grade Grade 314 Police Trainee 13 I6(A) 305 Police Officer 14 16(B) 304 Police Sergeant i6 18 303 Lieutenant 18 20(exempt) I06 Police Clvef 22 23 The following summarizes the compensation comparison between KFD Police Trainees (recruits), Patrol Officers and Patrol Sergeants: Present Compensation Proposed Compensation Classification Difference (%) from APD Difference (%) from APD Recruit -25% -8% Patrol Officer -20% to -29% -6% to -I S% Patrol Sergeant -19% to -30% -8% to -18% The detailed analysis of the above information is shown on the attached Exhibit "A". The Lieutenants position will be re-classified from a range 18 to a rangy 20 and made exempt. The change in the Lieutenants position from exempt from non-exempt will not be effective while the present employee in the position. Given this position has bsen. eligible For both overtime acid holiday pay iii the past, there was not a logical, or uniforn~ manner in which to make the transition from non-exempt to exempt without the employee's compensation being negatively affected. The Police Chief position will be reclassified from a range 22 to a range 23 and made eligible for qualification pay. PROS - 1. 'Provides sufficient cornpsi~sation to compete with. other Alaskan law 100 enforcement agencies to recruit new officers. Recruit compensation is within 8% of APD, and lateral transfer compensation is within 7% if hired at 16C range/step. 2. It is not necessary to lower standards for KPD Officers. 3. While not a problem at present, this will assist in retaining existing Officers. CONS - 1. Most expensive alternative. Budget impacts are discussed in Step Two 2. Other city employees may feel "under appreciated" because of increase in. compensation for a single department. Administration Recommendation -Option Number Two STFP TWO - PLACEIVIEN`I' OF PRESENT RE-CLASSIFIED OFFICERS SERGEANTS, LIEUTENANT & POLICE CHIEF WITHIN SALARY SCHEDULE If Councsl is in agreement with the adm.inistration's re-classification proposal under step one, then the administration proposes decreasing by two steps the present step placement for all Officers, Sergeants, and the Lieutenant. The administration also proposes to decrease by one step the present step placement for the Police Chief. The fiscal impact of the administrations proposal is to increase personnel. costs by $ 88,775.82. An budgetary analysis of the administration's proposal is shown on the attached Exhibit «B„ Also attached please find Exhibit "C" summarizing the increased cost ofimplementing the proposed re-classification. Thank you for your attention in this matter. 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M M M~ n ~u °1 C g ~ w ua w eiw wu slw w w n w wn u; n' wn 0 O 0 O 0 O 0 0 O O 0 0 O O 0 0 O O 0 O 0 O 0 O 0 0 O O 0 O 0 O 0 0 O O A O 0 N c N N ro m m ~~ro O ~'~ ci oi eiN c O vi ui n N ai m of ~(5 vi n o r m m O ~ N m M ~+M ON NN N N O MN N O q ut a j Q M fM M M M N ^ N N M M N N N M ~ ~ 49 Ht Fli fA M HN lAM HY F9 d3 if3 V 3 fA F fl n'M O m M N aCy~ N OlN N N Nm m N V N^ N .N r tn M m N N ^ N N M M rn O~ V (`J L^ (~ V OY tO N V O! 6 'f O t C' Q m N ! m m P 9 C M ^ m m m m fp M r O M O + M Q 7 0 M t( t r m 011 V m M~ n cp l ~ m , W Oi rn g R m m` m C V m N ` e V tC+~ a b ~ ' N d u. ~ n nn wn w~w w n » wn e> et~ nn C O O O rn N n N N r N N n N P h fIM ~~1 ' ? tJ N M N N r. ^ ' M h m ry N d e M ui o n ai N O O ro miN nO NIO ~~ m e < of C .O 1C m ~- 1r o M O1 v O? ro m m • NP of - i N v n O ni ro m n N:O pd c6 m ~ ni g ai c r q v r; c r n ii oin m m ai m e n n. ai o m m ; .•~ m .- n e e m ; F E N ^ O ~ U u~~ u> n uen wn u>w n w us ww n tn ~ nn ~ v v clv e e ~ °m dci ~ l e v v m a v o oQi t mE ~ m o m 0 Ot 0 0 omm o c roc o o 60 0 m 0 co 0 ~ o cm ~ i o ~; o~ , q . o ^ = m ' C O 0 00 00 . 00 0 0 'J_ 0.0 0 0 0 ^ Q y v v vi c e v e v v e v a e e e v 1 0 t M t9 n nn nE 9fpn n w n nn c+i w. nM Y S tL5 ~ r N Nr m N O1 n.~ <t[ irn M t< m q M ~'t V V to V m m ~ rn C co 0 t T 1 ro A N C CI O alth m m 0 tm m O ~ P n m m O m m 0 St IA N N N T 4 tG V' O O m M N l O m V 0 q M C O J M r m e M M L(J (V T ~ Oa V e M eth C SM MCi M M) C'l t +i M M M ~ ua w w n wv, u t u) nw w ut w wu> en w n ~ O O 0 O 0 '] 0 O O. O O 0 O C 0 0 O Qr 0 0 G 9 O 0 O 0 O 0 O 0 O O •. O O '~ 0 0 0 r 0 00 0 01 00 0 0 01 0 ~ O j~ 0 O T ~ ro O w oi O m O m O O wm O O' m m' O m ot O m O m t gi O m O rn t • O e , ~ N 3 ("'$ Ni Fi} n n ww& 3 w e n n ER F3 w wMt w n n ~ N a° m O m O m v O N e v N N v e N N E' N e' N e N v e N N v N v N m O 'V' ' ~ M C'i C ~ a) a ) tD 4 i ai o] ai ai W ai ai ai 0 ~C~ N N Nr Go 7 w w n ei wen wn w n n n n ut w u> w n ~ 0 m 0 o 0 o 0 ? 0 0 co 0 0 om 0 So 0 o 0 o 0 g 0 0 og 0 o 0 o 0 ? _ ~ Z O e t2i m m o n W 0 m o C' n 0 0 Or 0 m 0 0 v 0 n n 0 0 0 f`h ,- u' m ~ v m ~ gm Mn N tn h r en m o '}' pNroy m _ ~ ~ cho nm mm mt[l t nn N [CO (O t09 S N iO S p u a ^ n n w ua nw nn uaw n w w wc» ss en w b N y O W tl ,~ W ~it GU m:J ~ W O DU W d a ~ O I N N q m .. m q~ m t0 ^^ SO m m ^ m m m m ^ m O ~ ` u a` ~ I J ] O y r ~ N ~ M ~ ~- N M V N m r m W r' ~ ~ ~ ~ ~ ~ ~~ v~ ~d ~ d ~t ~~ ~ ~ w ? m o a _ c `w `m ~ d tE ~~ ~ ~ ~,~ ~`~'. tE ~ tc ~ EG ~ ~ ~~ E E ~ ,= ~ m o ~ O N ~0 00 00 0 0 0 00 0 0 tl ~ n ~ „ E o ao oo oa e o o oo o 0 :c m m m mm rom m m im m m mtc is m L CS ~ 2 2 ^_d dd d d ia d d ~.d a C m n Q 0 a J O N Ci U' '1 SUMMARY COMPARISON OF PRESENT KENAf POLICE DEPARTMENT COMPENSATION PACKAGE fTH ADMINISTRATION PROPOSAL TO RE- STRUCTURE Administration Proposal Present Increase Two Grades Condition Decrease Two Steps Base Salaries $ 1,034,744.00 $ 1,091,094.00 Total Monetary Compensation $ 1,187,516.00 $ 1,253,678.15 Cost of Total Compensation Package Less Health care $ 1,553,492.73 $ 1,642,268.55 Amount Greatar Than Current Compensation Package Less Health care $ - ~ 88,775.82 Percentincrease over Present Compensation Package 0% 5.71°1° r~:HtBBT_ ggf 106 Suggested by: Planning & Zoning Commission CITI't}F' IfENAE ORDINANCE NCB. 2287-20~T AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.200 (ACCESSORY STRUCTURES) BY 1) ADDING A SECTION RESTRICTING THE USE OR STORAGE OF CONEX-TYPE STRUCTURES IN THE CENTRAL COMMERCIAL AND RESIDENTSAL ZONES AND 2) REQUIRING ACCESSORY STRUGTURES BE BUILT TO MATCH THE PRIMARY BUILDING ON THE LOT AND 3} PROVIDING FOR TEMPORARY USE OF CONEX-TYPE STRUCTURES DURING CONSTRUCTION PROJECTS AND INCORPORATING THE EXISTING REQUIREMENT THAT ACCESSORY STRUCTURES OVER 120-SQUARE FEET REQUIRE A BUILDING PERMIT. WHEREAS, KMC 14.20.200 (Accessory Structures) sets out the rules for accessory structures in the Kenai Zoning Code; and, WHEREAS, storage or use of conex-type structures for permanent storage in residential zones can cause unsightly conditions leading to reduced property values; and, WHEREAS, storage sheds not built to match the primary structure can cause also unsightly conditions Leading to reduced property values; and WHEREAS, it is in the best interest of the City of Kenai to restrict the use of conex- type structures for storage in the Central Commercial and residential zones; and, WHEREAS, a limited exemption should be allowed to provide for temporary storage during construction. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.200 is amended by 1) adding subsection (a}(6} incorporating the existing requirement that accessory structures over 120-square feet require a building permit and 2} adding subsection (b} as follows. 1. (6) Accessory structures over 120-square feet require a building permit as set forth in the building code incorporated by reference in KMC 4.32. io7 Ordinance No. 2287-2008 Page 2 of 2 2. (b) Storage or use of conex-type structures or storage sheds requiring a building permit in the Central Commercial and residential zones is restricted as follows: (1) Under this section "residential zone" means one of the following zones: Rural Residential Zones, Suburban Residential Zones, Urban Residential Zone, or Townsite Historic Zone. (2) Conex-type structures or storage sheds must be built to the following standards: a. Shall have all wheeled assemblies removed, be placed on non-rot susceptible blocking or foundation, be roofed, and sided or painted to match the primary bu,iiding on the lot; b. Shall be roofed and, also, be sided or painted within two years of the issuance of a building permit. (3) Conex-type structures may be used in the Central Commercial and residential zones for temporary storage during construction projects. A permit is required for this temporary use and is obtained as part of a building permit. A temporary conex permit is valid for 90 days with renewal necessary for an additional time period as allowed within the discretion of the Building Official. PASSED BY' THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of March, 2008. PAT nvPmE° IL'IAY^vR ATTEST: Carol L. Freers, City Clerk Introduced: March 5th, 2008 Adopted: March 19th, 2008 Effective: April 19th, 2008 108 Suggested by: Planning & Zoning CITY OF KEPFE4I ElRDIRTANCE NO. 2288-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 14.25 LANDSCAPING/SITE PLAN REGULATIONS REQUIRING APPROVAL OF PLANS BEFORE CLEARING ANY LAND, REQUIRING BUFFER SEPARATION BETWEEN COMMERCIAL AND RESIDENTIAL USES, EXTENDING THE COMPLETION TIME TO TWO YEARS AND PROVIDING THAT THE APPROVAL MAY BE REVOKED WITH THIRTY DAYS NOTICE. WHEREAS, 14.25.015 currently requires submittal of a preliminary landscaping/site plan and approval prior to land clearing of only property covered under this chapter; and, WHEREAS, 14.25.040(bJ currently does not set forth any provisions that a visual separation between cornniercial and residential uses be required; and WHEREAS, 14.25.060 currently permits ane year from receipt of a certificate of occupancy to complete approved landscaping; and, WHEREAS, completion should be one year from approval of landscaping/ site plan; and, WHEREAS, 14.25.080 currently provides that if construction has not started within one yeaz that the approval shall lapse rather than provide the Administrative Officer's discretion an whether tiic permits s hoiiid 1a-yse. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.25 is amended to read as presented on Attachment "A" of this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of March, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 5th, 2008 Adopted: March I9th, 2008 Effective: April 19th, 2008 109 Chapter 14.85 LPeiVDSC~.PING/SITE PLAN REGIILATYONS 14.25.010 Intent. 14 25.015 LAP~DSCtaPINGfSI"B'E PL,0.hi. 14.25.020 Apglicatian. 14 25 030 Landscapinglsite plan-Submittal requirements. 14 25 040 Landscaoinp plan-Performance criteria. y4 25 045 Site plan-Performance criteria. 14.25.050 Approval. 14 25 060 Completion-Landsca ip,lnw plan 14 25 065 Completion-Site ip an 14.2s.o7a Maaificatians. 14.25.080 Expiration. 14.25.090 Penalties. 14 25 100 Definition-i.andsr_apinw 14.2S.CB 1L1 Intemt. (a} Site Plans. It is the intent of this chapter to provide for orderly and safe development of the City commensurate with protecting the health, safety and welfare of its citizens, and adequate and convenient open spaces, light and air, in order to avoid congestion of commercial and industrial areas. (b) Landscaping Plans. It is the intent of this chapter to protride for landscaping and/or the retention of natural vegetation in conjunction with commercial industrial and multifamily development within the City of Kenai. The general purpose of landscaping is to visually enhance the City's appearance, provide attractive and functional separation and screening between uses and reduce erosion and storm runoff. (c} For purposes of this chapter, multifamily development means a four or more family dwelling. i4 25.015 LL3NDSCAPINGISITE PLlsN FOR L CLEAIeIN~. [FOR PROPERTY CO4"ERED UNDER THIS CRAFTER,) [S]Subrnittal of a preliminary landscapingf site plan and approval by the administrative official is required prior to any land clearing and jor tree cutting where such removal will result in less than [FIFTEEN PERCENT (I5%)[ twenty-five percent f25%Iof the lot area having existing trees, shrubs, or natural vegetation cover as determined by the administrative official. i4.25.D2D .Applaaataaaa. This chapter shall apply to all commercial, industrial and multifamily development within the City of Kenai and shall apply to both the landscaping and site plans. "Commercial, industrial and multifamily development" and "all development" Ordinance No. 2288-2008 Landscaping/site Plan Regulations Attachment "A" Page I of G 110 shall be defined as any improvements requiring a building permitfor new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage, and is: (I) located on properties within the Central Commercial (CCj, General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL) and Education (ED) zoning districts; ar (2) a multifamily development in any zone; or (3) a change of use as required in KMC 14.20.250 (a). It is unlawful far any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities on property requiring a landscape jsite plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Properties zoned residential (except multifamily dwellings) are exempt from this [CHAPTER] section with the following exception: (l) structures identified as a commercial occupancy in Title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars {$20,000.00) or more, which adds square footage or a change of use as required in KMC 14.20.250 (a). 14.25.D3O I.axidseapi/site plan-;Su~xixittal recauirexnexits. One copy of the landscaping/site plan (eleven inches (11") by [FOliRTEEN] seventeen inches [{14")] (I7"). sizeJ shall be submitted for approval to the Administrative Official prior to the issuance of a building permit. If approved, a zoning permit shall be issued and on file in the Planning Department and the Building Official will be notified. The landscaping/site plan shall be prepared at a minimum scale of one inch (1") equals twenty feet (20') and shall include the following information: (a) Scierit~c or common name or type of planting materials to be used in the project; (b) Ty~,ieal planting details; (c) Location of all planting areas and relationship to buildings; parking areas and driveways; {d) Identsfication and location of existing vegetation to be retained; (e) Identtficatian and location of non-living landscaping materials to be used; (f) Identification of on-site snow storage areas; (g) Drainage patterns; (h) Description of buildings, including building height and ground floor dimensions; (i) Physical features of the property including location of aII buildings, ingress and egress, any unusual features of the property which may restrict development or drainage. -- Ordinance No. 2288-2008 Landseaping~site Plan Regulations Attachment "A" Page 2 of 6 iii 14 25 040 Lanclscapina plan-1*exfaxmance cxitexia. (a) Objectives far Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retenfion of vegetation in sufficient amount wiIl provide the best results. Perimeter, interior, street right-of-way, and parking lot landscaping [SHOULD] must be included as components of the overall landscaping plan. (bj Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles and commercial and residential uses. Landscaping adjacent to residential zones shall have landscaping beds that meet all of the following minimum standards: 1. Landscaping beds -Minimum of ten feet (10') in width along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. Asix-foot (6'} high wood fence or masonry wall may be used in place of five feet {S'j of the required bed width. 2. Ground cover -One hundred percent (I00%} within three {3) years of planting and continuous maintenance so there will be no exposed soil. Flower beds may be considered ground cover. 3. Trees andJor shrubs appropriate for the climate shall be included in the landscaping beds. (c) Interior landscaping involves those areas ofthe property exclusive of the perimeter and parking lot areas. Interior lazldscaping is desirable to separate uses or activities within the overall development. SCreenmg Or VISUai ertilanCenSeYit tauu~caYui~ is ic~vriimen ed complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. Landscaping may include landscaping beds, trees, and shrubs. (dj Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e} Street right-of-way landscaping softens the impact of land uses along street rights-of-way, but does not obscure land uses from sight. Landscaping beds must meet all of the following minimum standards; except where properfies are adjacent to State of Alaska rights-of-way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. Ord~inaatce No. 2288-2008 Landscapinlsite Plan Regulations Attachment "A„ Page 3 of 6 112 1. Landscaping beds -Minimum of ten feet (10') in width along the entire length of the property lines which adjoin street rights-of-way, exclusive of driveways and other ingress and egress openings; 2. Ground cover -One hundred percent (100%) ground cover of the landscaping bed within three (3j years of planting and continuous maintenance so there will be no exposed soil; 3. Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (f) Review. The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping/site plan as originally approved. 14 85 5145 Site plain-E~erfcranaace criteria. (aj Objecfives. An effectsve site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan. (b) Buildings. A commercial or industrial use Loused u1 the buildi_+-ig is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare of citizens. (c) Special Permits. The site plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250. 1, Paving is required for "commercial development" including a multifamily development requiring a building permit valued at one hundred thousand dollars ($100,000.00) or more for new construction, ar any improvements which adds square footage valued at one hundred thousand dollars ($i00,00Q00) ar more, and the praperty is located between Evergreen Drive and McCallum Drive/Tinker Lane as showy. in the map marked Appendix 1 to this chapter. 2. Exception to this requirement: (ij Properties zoned Heavy Industrial are exempt from the paving requirement. (e) Snow Storage/Removal and Drainage. Snow storage/removal and drainage as referenced on the site plan shall be compatible with the surrounding area. (f} Dumpsters. Dumpsters must be screened with alight-obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials. 19.85.(355? Ap~rovai. Unless extended for good cause, the Administrative Official shall review and take cation on a landscaping and site plan within fourteen (14} days of satisfactory Ordinance No, 2288-2008 Landscaping{site Plan Regulations Attachment "A>' Page 4 of 6 113 submittal. The Building Official shall issue a building permit upon approval of the associated landscaping/site plan providing all of the other requirements for the issuance of a building permit have been met. Any appeal of the action of the Administrative Official shall be in accordance with KMC 14.20.290. 14 25 1360 ~®mmatx5eti®n-La~adscatsiaa~ ¢slan All required landscaping as presented in the approved landscaping plan shall be installed within (ONE (1) YEAR] TWO 121 YEARS after [ISSUANCE OF THE CERTIFICATE OF OCCUPANCY].) approval of the Iandscapine/site plan 14.25.055 Ce~m~lefinn-sits false. All requirements as outlined in Section 14.25.045 shall be installed according to the site plan as approved by both developer and the Administrative Official. 1. The required parking lot paving shall be completed within two (2) years after issuance of the certificate of occupancy. 5.4.25.070 IVLodsficaticasas. Whenever there are practical difficulties in carrying out the provisions of this chapter, the Administrative Official may grant minor modifications for individual cases, provided the Administrative Official finds that a special individual reason makes the strict letter of this chapter impractical and that the modification is in conformity with the intent and purposes of this chapter. 14•.25.080 5:.xpixati®». c r..L _ + t...-t~.7 ..; tt~.y;~i .. 1 owv nF a r~r^.Val Of it COriStT uCUOil vi uic projeC~ i1aS raot S~«. u :~ ..ne (l~ y., ~ •.^r,~ the landscaping/site plan, the approval [SHALL LAPSE] may be revoked by the _a».:....,.+v.,+:.,e nrf;,.:..t .,f~dr .-„-n.,;A;,,u at tpaar +hirty f~[ll 17av entice unless extended goad cause. 14.25.00 PexsaSties. Penalties for non-compliance with this chapter sha11 be as set forth by KMC 14.20.260. 14.25.5.00 Definiti®n-1..ancLsca in . "Landscaping' means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. Ordinance No. 2288-2008 Landscaping/site Plan Regulations Attachment "A" Page 5 of 6 114 Appendix I ~-, ~~~rx~g 6quur w ~~tA~ 14.5.d4~~ ~~) Ordinance No. 2288-2008 LandscapingJsite Plan Regulations Attachment °A" Page 6 of 6 115 Suggested by: CITY OF KENAI ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 9.1Q,01,0 TO REQUIRE GARBAGE PLACED OUTDOORS IN DESIGNATED "BEAR PROBLEM AREAS" TO BE KEPT IN GARBAGE CONTAINERS DESIGNATED AS BEAR RESISTANT BY THE CITY OF KENAI. WHEREAS, The City of Kenai is experiencing an increasing problem with bears inside the city limits; and WHEREAS, part of the problem is caused by bears learning to access garbage from non-bear resistant containers; and WHEREAS, requiring garbage to be kept in bear resistant containers in areas of the town where bears are a consistent problem will reduce the ability of bears to access garbage and acquire the learned behavior of getting food from garbage containers. NOW; THEREFORE, .BE IT ORDAINED $Y THE COUNOIL OF THE CITY OF KENAI, ALASKA that AS 9.10.0I0 is amended as follows: ~.1C1.010 Garbage to be deposited fln containers. (a} All garbage created, accumulated, or produced shall be deposited in a fully enclosed structure or water-tight garbage containers equipped with tight-ftting lids. Such container shall be one manufactured for the purpose of storing or depositing garbage collection. All premises shalt be maintained by the owner or agent free of garbage, rubbish., refuse, debris and Tilth accumulation. if after ten (10) days notice from the City, the owner or agent of a premises fails to correct any of the above conditions, the City may cause it to be done and have cost thereof assessed as a lien against the property. In areas designated by the Citv Manager as a "Bear Problem Area" the garbage containers must be city approved bear resistant ones. A list of city approved bear resistant ~arba~e containers shall be available at the City Manager's office and the city's official web site. Alternatively, bear resistant containers may be approved an a case by case basis by the City Manager after consultation with the Alaska Department of Fish and Game. (b) "Bear Problem Area" zrieans an area declared as such by the City Manager in a public notice which describes the boundaries of the azea and the basis for the declaration, which may include any human or bear concentration or activity likely to result in encounters or confrontations sufficient to constitute a danger to the .public. Unless an emergency exists, the City Manager shall provide at least fifteen (151 days notice to the public prior to the designation pf a "Bear Problem Area" taking effect. aa7 PASSEll BY THE COUNCIL OF THB CITY C}F KENAi, ALASKA., this _ day of 2008. Pa.t Porter, Mayor ATTEST; Carol L. Freas, City Clerk Introduced: Adopted: Effective: i1S l.a1A1' 1 CK L1.4b. LVI.;AL VY 11V A' LV!W iV l7 U1J 1 K1C-J. J rage J or ~ cl~aPT~R 21.46. Local oPTlafv zo~l~o DtsTRtcrs 21.4&.010. Purpose. The purpose of this chapter is to establish a place in the Kenai Peninsula Borough Code for local option zoning districts formed pursuani to KPB 21.44 and provides an organized and effic'sant way to re#erence local option zoning districts. (Ord. No. 2000-47, § 1, 10-24-00) 21.46.020. Requirements. A41 local option zoning districts shall comply with KPB 21.44. (Ord. No. 2000-47, § 1, 10-24-00) 21.46.030. Rural Residential (RR} Districts, A. The following Rural Residential (R-R) districts and official maps are hereby adopted: 1. Russian Gap Subdivision according to Plat 2001-4, Seward Recording District. Cooper Landing, Third Judicia! District, State of Alaska, containing 118.507 acres. a. The local option zoning applies to any further repfats of Russian Gap Subdivision. 2. Birch and Grouse Ridge Subdivision according to Plat 2004-14, Seward Recording District, Cooper Landing, Third Judicial District, State of Alaska, containing 317.962 acres. a. The local option zoning applies to any further replats of Birch and Grouse Ridge Subdivision. h r F7J ~~e' ~b. The owner, lessee, resident, or parson exercising physical control of property ~to~~~`~~t~ within this district sha41 install approved bear-resistant garbage can enclosures for ~~~~ ~ storage of garbage on the property. A fist of approved bear-resistant garbage can enrlo~ures is available at the Planning Department of the Kenai Peninsula ~ 1~~ Borough. Alternatively garbage can enclosures may be approved on a case-by- " case basis by the Planning Department of the Kenai Peninsula Borough after consultation with the Alaska Department of Fish and Game. {Ord. No. 2004-27, § 2, 9-7-04; Ord. No. 2001-3D, § 1, 10-9-01; Ord. No. 2D00-47, § 1, 14-24-00) 21.46.040. Single-Pami{y Residential (R-4} Districts. A, The following Single-Family Residentia((R-1) districts and official maps are hereby adopted: 1. Ten Mar Ranch, described as a subdivision of the S 112 NE 1/4, S 1!2 NW 114, N 112 SW 1/4; and W 112 SE "r!4 including Gov't. Lots 3 and 6; Mary Miller Subdivision (Plat No. 97-90 KRD) excluding Hollingsworth Subdivision. Located within Section 18, T5N, R9W, S.M., Kenai Recording District, Kenai Peninsula Borough Alaska. Containing 311.853 acres. i-..,.._.rn:t_,. _.., __.._:_,.a,.,...._..r......,...m,.,.~cr;,....ri ~~cJ~1L9~~~n cs~t,:i :.............:.,......,~..:...,,..,....,. nr~-ri~nn~7 Lewis suggested ordinance lanouage~ Current language: 9.10,05.0 Garbage to be deposited in containers. All garbage created, accumulated, ar produced shall be deposited in water-tight containers equipped with tight-f'ifting Lids. Such container shalt be one manufactured for the purpose of storing or depositing garbage collection. fill premises shall be maintained by the awner or agent free of garbage, rubbish, refuse, debris and filth accumulation. If after ten (l0} days natice from the City, the owner or agent of a premises fails to correct any of the above eanditions, the City may cause it to be done and have cost thereof assessed as a lien against the property. (KC 9-2; Ord. 1929-2001) My recommended language: 9.10.010 Garbage to be deposited in containers. All garbage created, accumulated, or produced shalt be deposited inwater-tight, ADF~G approved bear-resistant containers. Such container shall be....... t,Nhich seems to makes this more easily enforceab{e: 5,10.090 Pfuisance. The keeping of garbage in containers other than containers prescribed by this chapter cr the keeping upon premises of garbage or rubbish which is allowed to become offensive and. noisome, shall constitute a violation, axed may also be abated in the manner provided by law for the abatement of nuisances. (KC 4-9; Ord. 1929-2001) 120 charter 5 Chapter 5.40 BEAR ATTRACTION NUISANCES sections; 5 .40. 010 Sear attraction offense. 5 40. _020 Penalties. 5 .40. 030 Citation. 5, 40, ,,040 ..Defenses,,.,., 5. 40. 050 Definitions. 9 40 ,060„ Regulations.. Page 1 of 3 5.40.010 Bear .attraction offense. a. No owner or person in control of property shall cause or allow the creation or maintenance of a bear attraction nuisance on that property or the right-of-way abutting that property. b. Every act of violation and every day upon which such violation shall occur shall constitute a separate offense. (Ord.06-31, 2006). 5.40_020 Penalties. a. Terms used in this section identifying culpable mental states shall have the meaning ascribed to them ir. Section 5.40.05C. Vpon convicticn of a violation of this chapter, a person shall be punished by a fine as follows: 1. A fine of not less than $250 and not more than $500 if the offense is committed intentionally, kncwingly, recklessly, or with criminal negligence; 2. A fine of not less than $50 and not more than $300 if the offense is not committed intentionally, knowingly, recklessly, or with criminal negligence. b. Sn addition, the City may pursue any civil remedy available under Section 1.16.020 or other law. (Ord. 06-31, 2006). 59-3 (Romer 06/06) 5.40.030-5.40.050{a)(4)(vi} 5_40.030 Citation. Whenever any material constituting a bear attraction nuisance is found on property in violation of this chapter, the official finding it may note the address and any other information upon or within the material that may identify the owner or person in. charge of the property. The official shall affix to such progerty in a conspicuous location a summons and complaint for the owner or person in control to answer to the charge in court at a specified time; and a copy of th® summans and complaint shall be mailed to the owner or person in control of the progerty at the last known or reasonably ascertainable address of such person. In lieu of affixing the summons and complaint to the property and mailing, the official ht~Cp:/ /clerk.ci.homer.ak.us/document/54~t~itm 7/7.9/2007 Char`*.er 5 Page 2 of 3 may personally serve the summons and complaint upon the owner or person in control o£ the property. 5.40.040 Defenses. a. With respect to a charge made under this chapter, it is no defense to the owner of property that such property was in the possession or control of another, unless it is shown to the satisfaction of the court that at the time of the offense such property was being used without the consent of the owner. b. With respect to a charge of failure to appear in court in response to a summons and complaint making a charge under this efiapter, it is a defense to the owner o£.property if it is shown to the court's satisfaction that the owner was not aware of the citation and that such property was in the possession or control of another at the time of the offense. 5.40.050_ Definitions. As used in this chapter, the following words and phrases shall be construed' as defined below, unless the context clearly indicates a different meaning is intended: a. Bear attraction nuisance means 1, More than one-half gallon of any putrescible material, including packaging or other surfaces to which the material is adhered or in which it is contained; 2. Any organic material of a type that has previously attracted a bear to the property; 3. Soiled disposable diapers; 4. Exceptions. "Bear attraction nuisance" does not include: i. Material in a certificated landfill; ii. Manure or sewage; iii. Material in a garbage can stored outside temporarily for purposes of colleotion after 4:00 a.m. on a day scheduled for collection; iv. Living or dead flora or fauna indigenous to the property on which it is located; v. Material completely enclosed in a structure or container that ..eiuires hands ~.. *_aals *_o open; vi. ^Material in a metal garbage container designed to be lifted and emptied by a garbage truck, provided that the container is tightly covered by a bear-resistant metal lid fastened with a beat-resistant device or located within a garbage containment area behind barriers sufficient to withstand entry by a bear. 59-4 (Homer 06/06) 5.40.050(b)-5.40.060 b. Criminal negligence. A person acts with °criminal negligence" with respect to a result or to a circumstance described by a provision of law defining an offense when the person fails to perceive a. substantial and unjustifiable risk that the result will occur or that the circumstance exists; the. risk must he of such a nature and degree that the failure to nttp://clerk.ci.homer.ak.u /document/5~~~tm 7/}9/2007 Chanter S Pale 3 of 3 perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. c. Garbage can means a watertight, odor-free, corrosion-resistant container inscribed with the address o£ its owner and equipped with a tight- fitting cover secured so as to remain in place if the can is knocked over. d. Intentionally. A person acts "intentionally"' with respect to a result described by a provisinn of law defining an offense when the person's conscious objective is to cause that result; when intentionally causing a particular result isan element of an offense, that intent need not be the person's only objective. e. Knowingly. A person acts "knowingly" with respect to conduct or to a circumstance described by a prnvision of law defining an offense when the person is aware that the conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knotizledge is established if a person is aware o£ a - substantial probability of its existence, unless the person actually believes it does not exist; a person who is unaware of conduct or a circumstance of which the person would have been aware had that person not been intoxicated acts knowingly with respect to that conduct or circumstance. f. Person in control means a tenant or an agent, manager, superintendent, ar other owner's representative. g. Property means real property, developed or undeveloped, including without limitation any real property with a house, apartment building, mobile home, mobile home park, other multifamily development, any commercial or 'industrial structure or use, any public or private institution or organization, and vacantland. h. Recklessly. A person acts "recklessly" with respect to a result or to a circumstance described by a provision of law defining an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that disregard of it constitutes a grass deviation from the standard of conduct that a reasonable person would. observe 131 tiie situation; a person who is unaware or a rlsk or which the person would have been aware had that person not been intoxicated acts recklessly with. respect to that risk. i. Summons and complaint means a citation that meets the requirements of Alaska District Court Criminal Rule 8(c) or other farm of summons and complaint acceptable to the Alaska court system. 5.90.060 Reoulations. The city manager may adopt regulations pursuant to implement the provisions of this chapter, which shall become effective upon approval by resolution of the City Council after conducting a public hearing. 59-5 (Homer 06/06} hnp: / /clerk.ei.homer.ak.us/document/ 5~.~tm 7,~ i 9/ 2007 Presented Uy:PPC Introduced: 02/11/ZOU2 Drafted bv: J.R. Corso ORDINANCE OF TI[E CITY AIVD ~OROgJGI-1 OF JlJNEAU, AL.ASICA Serial No. 2002-04{arn-2) An Ordanance Arnertding the Urban Bear Control Ordinance to Identify as a Sear Attraction Nuisance Certain Types of Dumpsters, Providing for the Abatement of Such Nuisance, and Reducing the Offense of unintentionally Maintaining a Bear Attraction Nuisance Prom a 1tilisdemeanor to an Infraction. BE IT ENACTED SY THE ASSEMBLX OP T'I-IE CITY AND $OROUGH OF JUNEAU, AI,ASKP.: Section 1. Classification. Sections T through 3 are of a general and permanent nature and shall become a part of the City and Borough code. Section A is a nancode section. Section 2. Amendment of Section. CBJ 03.30.053 is amended with respect to the bail schedule for Bear Attraction Nuisance as f 1st $ 50.00 Bear attraction 2nd within 2 years $100.00 nuisance 3rd and subsequent $300.00 3ti.20.0,56(a)(Z)b (non ur useful) within 2 ears Section 3. Amendment of Section. CB.J 3G.20.056 is amended to read: (a) Bear Attraction Nuisance. (l) A peace officer or enforcement agent may issue a written notice to the owner or person in control of a bear attraction nuisance. The notice shall describe the nature of the nuisance and the action necessary to abate it. The recipient shall within 48 hours abate the nuisance described in the notice. (2j Violation of this section is a. A class A misdemeanor if the bear at't:raction nuisance is created or maintained for the purpose of attracting bears; or b. An infraction if the bear attraction nuisance is not. created or maintained for the purpose of attracting bears. 1!! /! 124 (b) Storage of Garbage. (1) Except as provided in this section, no owner or person In charge of prepArty shall willfully or negligently cause or allow the storage of garbage on that property or any right of way adjacent thereto, except in: a. A fully enclosed structure subject to the setback requirements of Title 49 of this code; b. A garbage can owned and emptied daily by a government agency; c- Abear-resistant structure or container; or d. A certificated landfill (2) Notwithstanding subsection (b)(1) of this section, garbage may he scored outside in a garbage can meeting only the requirements of subsection (c) of this section, temporarily for puzposes of collection after 4:00 a.m. on a day scheduled for collection. (3) Violation of subsection (b) of this section is an infraction. a. 'Whenever a garbage can is found in violation of any of the restrictions imposed by this subsection (b), the officer .finding it may note the address and any other information upon or within the garbage can which may identify the owner or person in charge of the property using the garbage can, and shall conspicuously affix to such property a summons and complaint for the owner or person to answer to the charge in court at a specified time. b. It shall be no defense for the owner of property to a charge under subsection (b) of this section that the property was in the possession w• control of another, unless it can he shown to the satisfaction of the court that at such time such property was being used without the consent of i:he owner. It shall be a defense for the owner of property to a charge of a failure to appear if it is shown to the court's satisfaction that the owner was not aware of the citation and that such property was in the possession or control of another. fc) Definitions. The Following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: "Bear attraction nuisance" ~~~eans (1) Property other than a certificated landfill containing more `than five gallons of garbage not in any structure or container or in ortly a cardboard. box or plastic bag; (2) Property other than a certificated landfill containing any organic material other than Indigenous vegetation or wildlife which has on one or more prior occasions attracted a bear to the property; or /// t! _2- Ord. 2002-04 (am-2} 125 (3) A metal garbage container designed to be lifted and emptied by a garbage truck if a. The container: 1. has been tagged or posted by a City and Borough enforcement agentwith a notice meeting the requirements of CBS 36.20.056 (a}(1) that the Manager has found the container to be a bear attraction. nuisance on the grounds that it i. is located within a bear problem area ii. has on one or more prior occasions at the same property been opened by a bear iii. is emitting a clearly detectible odor likely to attract bears, nr 2. is used for disposal of waste from a restaurant, cafeteria, or other facility regularly preparing or serving food, and b. The container is not: 1. Lightly covered by abear-resistant metal lid fastened with a bear-resistant device, or 2. located within a garbage containment area behind barriers approved by the City and Borough. as sufficent to withstand entry by a bear. "Bear problem area" means an area declared as such by the Manager in a. public notice which describes the boundaries of the area and the basis far the declaration, which may include any human or bear concentration or activity likely to result in encounters or confrontations sufficient to constitute a danger to the public. "Bear-resistant" means capable of preventing access to the contents by a person using neither hands nor tools. "Garbage" means all putrescible wastes, except animal wastes, but including dispasabla diapers and wastes resulting from the, handling, preparation and consumption of food. "Garbage can" and "garbage cantainer" mean a watertight, odor-free, corrosion- resistant container of not less than 20 gallons, nor more than 33 gallons capacity, equipped with tight-fitting covers, loaded only as much as will allow the covers to be securely placed, and inscribed with the address of its owner. "Person in control" means a tenant or an agent, superintendent, or other owner's representative. "Property" means developed or undeveloped real property, including any apartment house, mobile home park, planned unit development, or other multifamily development (d) Regulaefons. The director of the department of community development may adopt regulations pursuant to chapter 01.60 to implement the provisions of this chapter. Section 4. Affirmative Defense. It shall be an affirmative defense La a prosecution under section 3(b) of the definition of "bear attraction nuisance" that the owner or person in control of the garbage cantainer has made a good faith eFfort to acquire a metal lid, but because of a limited supply, has been unable to do so. This section shall expire on December 31, 2002. 3- Ord. 2002-04 (am-2) 126 Section 5. Effective Date. "this ordinance shall be effective 30 days after its adoption. Adapted this 18`h day of March, 2002. Sally Smi ,Mayor Attest: is-- -4- Ord. 2002-04 (am ~ 2) 127 Cary Graves From: Jean Lewis Qlewis@cityofseward.neij Sent: Thursday, July 19, 2007 12:05 PM To: Cary Graves Subject: RE: BearlGarbage Ordinance $i Cary; Oct cede doesn'_ sped%ically say "bear safe" but does mention "des;.gned tc prevent_ spoliage by anima Ls, and shall have a watertight animal-proof ?.id. Our police do ticket for this on occasicn. Our crde s ecticn is pasted below'. --Jean Chapter 14.05. Garbaoe and Refuse* °See RS 29.35.050 _`or state provisions allowing municipalities to provide %cr a system of garbage and solid waste services; see AS 2'+.35.060 for state provisions allowing municipalities to grant franchises; see ra 7.1D.210 et seq. as to garbage disposal ir. tr:ailer courts . 14.05 .~0 ].0. Refuse service prov.i ded and required. 14.05.015. Deposit: of refuse. 7.4 65.020. Tnanspcr. *_ation. ].4.65.025. Use of containers and placement. 1.4.05.C30, Container saecificatior.s generally. 19.05.0°5. Container racks. 7.9.05.040_ Frequency of collection. 19.L'5.G45. 3rush, tree trimmings, etc. 19.C5.050. Large boxes, crates, etc. 7.4.G5.C10. i2efuse service pravi,denand required. (a `, livery pe~son~occupying a building oz building site withi^ the city shall ase the system of refuse disposah provided ir, this chapter, unless the ner.son utilizes - carrier ho~~.d ing a valid pe nni t. from the Alas Y.a Public Ltilities Commission. The city may exempt a person from this requirement. (b) T2'ie city shall either provide ar eora tact fcr collection and disposal of refuse. ?'he public works department of the city or the contractor shall prescribe routes and days for collection. When such routes or days are esta;alished ox changed, reasonable notice therecf =.;h al.l be given to affected custom=_rs. No other carrier other than one authorized by the Alaska Pub l.ic Utilities Commission may collect, d i:,pcse, cr remove refuse from any premises in the city. Noth.i ny in this sect:i or. shah be deemed *_o prohibit an ccc up ar,t from semov i,ng or causing the removal of refuse accum:,alated on the prenu.ses occupied by hirr: and disposing of the same in a ].awful manner. (Ord. 915, 1975; Ord. 42E, 1976; Crd. 509, 19H2j 7.4.05.07.5. Deposit cf ref. iase• (aj No person shall. place or deposit ary refuse in or upor, any public alley, street or hghcaa y, sidewa7. k, park or other public place in the city except as herc-in c-xpressly aurthorized. do person shall place a;.y refus=; on land of another. (b) 7ampsters or trash receptacles. located or. public property may or.l.y be used for d=positing email quantities of refuse oenerated in 128 c-.nnec t.i on with publ9.c aotivities such as picniokir;g, camp ln.g, touring, pleasure boating, spor± f.ishi n.g, or other outdoor recreation. No person. shall depasi*_ refuse generated by residential, convnercial, or industrial uses >n or near any dumpster or trash receptacle '_ccated on public _p r. operty. No person shall deposit re_`.use in or near any dumpster or 'rash receptacle located onpublie property contrary to any instructions osted or. or. near *_t~e dumpster ar. trash receptacle. (c) No aerson shall depcsit refuse in private dumpster without tr.e owner's consent. Owners of dumpsters mayapost s.ignage on er near p ri.vately owned dumpsters stating that u[xauthori zed use is a violation of the City Code. (d) Violation of this section is subject to a Line of $].DD.00 fox ea c'r of`ense. ±Ord. 504, 1982; Ord. 96-28) 19.05.0LG. Transportation. No person shall transport refuse within the city wi:tess it is transported in a covered or er,.closed veh ic].e or one which is leaded in s~.:ch. manner as to prevent any of the contents from escaping. {Ord, 4i7, 19Z 6; Ord. SOS, 1982) 19.D5.025. Use o:E containers and placement. (a) Every person occupying a build.i ng ir, the city shall nrovid=_ c ontai.n ens suitable for collection of refuse, A11 refuse such as vacuum cleaner dust, nonexplosive liquids, sweep i.ngs and other refuse chat poses a hazard to collection or risk of spillage in normal collection shat:: be ind.viduall.y packaged prior to placement .in a container. (b) Customer containers shall be placed abutting a de di.cated public right-of-way. On7.y city containers may be placed upon tho public rictnt-of-way. {Ord. 504, 1.58'2) 1 ^_.OS.C30. Cort.ai.ner specifications gener a7.ly. (a) A:a coast ai. r. c-rs shall conform to the following minimum specifications: `,ly Sha11 not exceed 40 ga.l.lons capacity; ' 2i Shall not exceed 6G pounds when Ei.llod; (3? Shalt nct~exceed 30 pounds empty weight; (-; Shall be waters S.ght with an animal.-proof lid and of adequate durability for cent roved use. No corrugated cardboard bcx shall be used except as herein provided. No 50 or 55 gallon steel petroleum drums ox the like shall be permitted, whether cut down, or otherwise altered. (b? Cent a. .n bulk rabbis h. and waste material containers may be approved by the public works departur east of the city. such cort sine rs shall be kept in a clean and sanitat'y condition and shat]. be provided with tight lids. (Ord. 504, 1582; Ord. °S-C F,) 19.05. C~35. Container racks. Cent ainers or container racks shall be des.i gred as to prevent the upsetting or spiila.ge by wind, weather, animals, or. accident. Containers or co.^.t ai rer racYS shall not be placed on the pubi.ic rigkit-of-way. (Crd. 504, 1982; Grd. 55-Do) i4.O5.G90. £regtieucy oP collection.. Tit garbage and rubbish receptacles shall. be emptied and cleaned at ':.east weeicl y. Pll waste material must be removed at least once each month. Building or construct for.. waste and debris shall be removed weekly and upon completion of construction. (Ord. 504, 1982) 19.05.045. r3 ru s?'h, L-r.ee 'cr imm iny5, etc. F3r_u sh., trees, lawn cuttings or similar. materia l.s shall be securely bound i~~ bundles not to er.ceed two feet in dianeter. They may be placed in disposable cardboard con.t ainers. Branches or logs shall not be more than three inches in diem:=ten or more than _'oux feet in length. Containers ' shall not„ exceed o poursda i.n we.i.ytet. iz9 (G'.cd. 509, 1992) 14.05.05`J_ 9,arge boxes, crates, e`c. Large appliance csrtor.s, shipping cratesor sma11 non-bulky items or Turn i.ture a.nd simii a.r materials shall be disassemc~led prior. tc cell ecti.on. (Ord. 509, 1982; -----Uriyina? Message----- From: Cary Graves [mail-to:cgraves@ci.kenai.aR.us] Sent: Thursday, J~.a'_y 19, 200? 9:35 AM To: Jean Lewis Subject: Bear/Garbage Ordinance Hi, 5y a;ay o£introductior., my name is Cary Graves, and S am the City Attorney. for Kenai. Kenai is considering enacting a.r,. ordinance requiring riti.zers to use bear proof gax~uage containers. Curing the discussion at last night's Council meeting, someone rr~entioned Seward had anordinance ream r. my bear proof garbage containe rs. Z£ that is correct, could you send s:e a copy? Thank. you in advance f-er any lie lp you car, provide. Cary R. C.,raves City Attc rney B EG!'.N-ANTTSPAM-VOTING-LSN Y.S Teach Car.It if this mail (TD 186680) is sp am: Seam: http://192.16E.1.41eanit/b.Php?=~1806H0&m==09a7aan37:i10&c==s Not seam: http:1f192.168.1.4/canit/b.php?..=180686&ru=09a?aab3?310«c=n FcrgeC vote: http://1,92.168.1.4/canit/b.o,p?i=180680&m=09a7aan37310«c=£ BN--ANTIS PAM-VOY'iNG-LSN KS 3 130 Gary Graves From: Lewis; Larry L (DFG) [iarry.lewis@alaska.govJ Sent: Fritlay, February 22, 2008 4:OB PM To: Cary Graves Subject: RE: Bears/Garbage Ord. T her ks Cary'. Just a couple of consid.e rations for you prior to the meeting: 1, a sure apprecia*_e ail your efforts on this! Z. The "Bear troblem Area" designation may ln.ll people outside of those areas irrto a `a lse sense of security. ?hey may feel they don't have anything to worry about cutside a "designated area". That may cause complacency and poor behavior at the leasC and potential liability problems at the mcst because "The city di.dn't warn me that a bear wculd be helve in this area". 3. WHEREAS, the Cety of Kenai i.s expo riencing an increaser. g. problem with {Humar±/bear interactions} inside the city limits; and... 4. Wi.1i the requirement be time or seasor, specific? ~ didn't think se, but I'm s~.rre the question w5.i1 come up as to "R'hy do S have to do i:his in the winter? And how come my neighbor three bloc YS away doesn't have to do i:his but S do? They've had beats at their house too!" Again, I sure appreciate your efforts but these are the types of scenarios. that lumped right out ai: me. Y.ave a good weekend. LLL Larry L. Lewis F3iidl.ife Technician ;v llaska Department of Fish and Game Division of. Wildlife Conservation 43961 Kaii.fornsky Deach Soad Soldotna, P.K 99669 {907)26`L-9368 (9@7}262-4'709 !faxJ 'arry.lewis@a.l aska.gov -----0*:iginal Message----- Frcm: Cary Graves [mail.to:cgraves@ci..kenai.ak.us] Sort: Friday, F.'ebruary 22, 2008 20:19 PS1 To: Lewis, i,a rry L (DFG) Subect; RE: Bears/C-arbage Crd. Sure. That's why Council. wanted to make sure ycu were invited to thc- meeting. -----Original Message----- F.rom: Lewis, ~a rry L (Dr^G) [mail.to:iarr_v. ].e wis@alaska.govj Sent: -riday, February 22, 200£3 lO:Gi TaM To: Cary Graves Subjec'C: 14E: Sears/Garbage Ord. Thanks Cary. Are you is;t ores ted ir, any teedbac k.? marry Lewis tN ildlife Techn i.c inn IV ~Al.aska Depa r.tmeat of Fish and Game Division of idi ldlife Conservation 43951 Kaliforns ky 13each. Road So'dotna, AK 9,9669 ;9091262-9368 1 131 (907)252-i7G9 (faxj iarry.lewisCalaska.gov - - -Original. Message----- i"rom: Cary braves ifnailto:egraves@c=..kerai.ak.usj Sent: Friday, :'ebruary 22, ?.008 9:02 AM. To: S.~ewis, Larry L (DFG) Si:bject: FW: Bears/Garbage Ord. _____Oriiginal Message----- From: Ca r.y Graves > Sent: Friday, Februa ry Z2, 20D8 9:G1 AM > ;o: 'iarry.lawis@alaska.gc v' > Cc: Carol. Freas; Rick koch > Sub ~:ect: Bears/Garbage Ord. > > «Bear Nnisance.dac » > > Larry, > The issue of a bearlgarbage ordinance is going *_o be on the Cou nci'_ agenda for Cne meeting of March 5th as a discussion item. ?'he Council wanted to make sure ycu were invited. I have attached a draft crdir;an.ce relating to that issue. I w;11 not be ir.*_roduced at that mee*_irg, but is irrt.ended as a start i.ng point for the discussion about where the Council wants to go on this issue. I thought I would also include the Homer, ^a eward and Juneau ordi ra r,ces on this issue too. It there isanythina you woa-d ike_nc7.ucted i.n the pa.ckct or if you nave any o~-nments cr suggesticns abeut what to include, please let us know. > I look forward to seeing you there. > Cary R. Graces > Ci.ty Attorney I32 ,~ .~ ~~~ ~,~ x ~. ~_ --~ .. tl~e city of /f `°Vi`lla9e wit~t a past; Gc wc`t1~ a Fr>Ltr~~e'° 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ ~` ri Telephone: 907-283-75351 FAX: 907-283-3014 ~ 1 1991 MEMO: TO: City Cauncil FROM: Rick Koch BATE: February 28, 2048 SUBJECT: Kenai Cammunity Library Expansian The purpose of this correspondence is to submit for your review and discussion a proposal from Ann Myren and Cecily Stern Planning, Consulting and Grantv/iiting Services, which was submitted to the Friends of the Library. The reason for its inclusion as a discussion item is because the Friends of the Library have requested the City consider funding one-half the cost of these consulting services (approximately $ 5,006). The proposed scope of services is contained in their proposal, If this consultant was working with. the Friends of the Library it would'oe my intent to utilize their services, at a minimum, in a review capacity of the foil tiea~ 2 grant proposal to the ltasmuson Fomidation. In any case it will be necessary to coordinate efforts between the Friends of the Library's consultant and the city as it relates to capital. grant requests. The administration is generally supportive of this request and if the majority of the council would like to see this brought forward we will do so at the next meeting. Thank you for your attention in this matter. If you have any questions please contact me at your convenience. attachments 133 Ann Myren & Cecily Stern Planning, Consulting and Grantwriting Services T cu"f ~~"y Sc:nf..a~d~'i... s...a~?~ "`;_~)~^a '~~5 and i,. ~'C"f ,M~t~r~tc7 ~,. ~~ ~. r.~x"'s~~., kl~:~`€n. PROFESSIONAL SERVIGES AOREEMEPIT Purpose The purpose of this agreement is to provide strategic capital project and fundraising planning workshops and consulting services as requested by the Friends of the Kenai Community Library to contribute to the Kenai Community Library capital campaign. Scope of Work Consultants will develop three onsite workshop sessions for project team members and conduct them over a two day period; research the project and prepare for the workshops, communicate with Contracting Agency and project team members as needed, provide follow-up consulting and administrative work. The following provides work detail: • Three workshops will be developed and presented to the project team: Planning a capital project and the redated capital campaign 6 hours (including working meal) An interactive presentation that offers information about developing a strategic plan for a capital project and organizing a capital campaign. Participants will define project needs, goats and benefits, explore partnership opportunities and clarify the roles of each partner in the capital projact. The group will learn about funding sources and will discuss ways to leverage funding for the project. Information gathered from participants during this workshop will be used by the consultants to create a draft strategic plan document that will be further developed by the group during the strategic planning session on Day 2. Strategic piannPng work session - 3 hours A draft strategic plan document prepared by the consultants based on information generated during Day 1 wilt be reviewed by the group and further developed wifh clear action steps, including milestones to achieve and a timeline. Timing is extremely important to a successful capital project and fundraising campaign. Certain activities should only be undertaken upon the completion of others. The strategic plan will provide guidance to the project team and help assure that the project moves forward in an effective, organized manner. This is an interactive working session facilitated by the consultants. facet fundraising planning - 3 hours {including working meal) This session will introduce fundraising basics, with an emphasis on strategies that can be implemented for a local campaign. It provides the opportunity for participants to brainstorm how to approach focat fundraising in the community during the facilitated workshop. The group will create the initial local fundraising campaign plan. This is a focused, hands-on session. • Additional consulting work will include: Projeet research and development of handouts, presentations, and deliverables. Consultants will familiarize themselves with project plans, progress to date and community response to project. Based on this research, consultants generate and tailor handouts and presentations to meet project needs. Communicafiions with project team: consultants ask and respond to questions as necessary before and after the on-site workshops. Myren and Stern Professional Services Agreement including Scope of Work Page 1 of 3 134 Ann Myren & Cecily Stern Planning, Consulting and Grantwriting Services w:~lrv;~ ~' ~I.~~a~_..~az, d~ f?-`u. nEu `sue and G'E'C ....:wx~~~i-.??€~~~e.s~!C',.._.'3c.;,..~`~`°. Debriefing session -Directly following the last workshop session consultants wil! meet with core project team members to discuss any issues ar concerns raised during the workshops and offer guidance in immediate next steps Follow-up consulting: Project team members may contact consultants to request ass'sstance in working through the steps laid out in workshop sessions Deliverables: • Workshop handouts (Please note: consultants will electronically send master copies of alt handouts far workshops and sessions prior to their arrival Contracting agency is responsible for makFng copies for attendees.) • Capital Project Strategic Plan draft • Capital Campaign Strategic Plan draft • Local Fundraising Plan draft • Consultant work summary with invoice Compensation The maximum amount payable under this agreement for consulting services shall not exceed $7,950, PLUS actual travel expenses as addressed below in tha travel section. Consulting Services: • Presentation of workshops by 2 consultants @ $1006/day (2 days) $2,000 • Total additional consulting work hours: Not to exceed: 85 hours @ $70/hour $5,950 Note: Estimate of additional consultant work specified above is a "not to exceed" estimate of time. Each consultant will maintain an accounting of hours worked on the project and wilt invoice for work at the hourly rate of $70. Contract may be amended to include more services upon the agreement of al! parties. Travel: Contracting Agency agrees to reimburse Consultants for a{I travel expenses including transportation, lodging and meals while enroute to and from Kenai. Consultants agree to bi[I for actual travel expenses. CONTRACTORS shat) travel to Kenai to conduct workshop sessions with the project team and project director. Time spent in travel will not be charged to this contract. Travel expenses will be reimbursed. Note: Contractors understand the lime required to travel the distances between Alaskan communities; therefore, time spent in travel will not be charged to this contract. PERIOD OF PERFORMANCE CONTRACTORS shalt commence work under this agreement immediately once the contract is signed and continue until work is completed according to contract stipulations. .TERMS AND CONDITIONS Training, workshop and instructional materials generated by contractors for the performance of this contract are the contractors' intellectual property and are for use only with the contractors' direct Myren and Stern Professional Services Agreement including Scope of Work Page 2 of 3 135 Ann Myren & Cecily Stern Planning, Consulting and Grantwriting Services 35":Ta,t ~fi3.~~-.. c?;C i^'8 is t` Y2~"a and C'aw a.~~~,~tie~'`,..'~~F C~. ~.~e~.alle_1°. involvement.YTheyere not to be dissemnated without contractors' written permission, loaned to other organizations or shared in any way without written permission of the contractors. Grant proposals and letters of inquiry generated by contractors for the purposes of this contract may not be submitted to other grantors past the contract period. Proposals, too, are not to be disseminated by the contracting agency without contractors' written permission, loaned to other organizations or shared in any way without written permission of the contractors until such time as they are funded by the grantmaker and become the property of the funding source. Contracting Agency Kathy Heus, President EIN: Friends of the Kenal Community library 163 Main Street Loop Kenai, AK 99611 Contractors Ann Myren, Principal Consultant Resources and Results Box 951 Haines, Alaska 99827 edrYt"4Fr~C),e?„~~~r.~.iaSk,a.i§<.t Cechy Stern, Principe( Consuttant Wordcraft Box 696 Haines, Alaska 99827 Phone/fax: 907-766-2943 ~~ci9yC~ppKa€~sF ~..s: CONTRACTING AGENCY Name: Kathy Heus Title: President CONTRACTORS Date: Signature: Name: Ann Myren Date: Title: Principal, Resources and Results Consulting Signature: Name: Cechy Stern Date: Title: Principal, Wordcra#t Federal Identification No: 351-445906 AK Business License No: 717254 Type of Firm: Individual Federal Identification No: 562-84.3710 AK Business License No: $19 Type of Firm: Individual Myren and Stern Professional Services Agreement including Scope of Work Page 3 of 3 136 CECILY STERN P.O. Box 696, Haines, AK 94827 Phone/Fax; 907-766-2943 Cecil a talaska.net Wordcraft Consulting Services ~ Owner since f 996 Planning, Consulting, Grantwriting -Pre-development planning to assist non-profits, tribal organizations and municipalities to plan feasible capital projects _ capital campaign strategic planning ^ business planning -fundraising planning -grant writing ^ publicity and marketing Pre-development planning, capita( campaign strategic planning, fundraising planning and financial sustainability workshops conducted • City of Petersburg -Petersburg Community Center project • City of Wrangell -James and Elsie Nolan Museum and Civic Center • City of Cordova -Cardona Center project • City of Seward -Seward Public Library/Museum project • City of Ketchikan -Ketchikan Public Library/Museum project • Ketchikan Area Arts and Humanities Council/Performing Center for the Arts project • Juneau Twentieth Century Gross Alaska Theater Working Group -Twentieth Century Gross Alazlca Theater renovation project • Takshanuk Watershed Council • Southeast Conference Community Watershed Project • Hospice of Haines • Haines Woman's Ctub -Tlingit Park renovation, playground and public facilities project Selected Current/Recent Clients • City of Petersburg -Petersburg Library Project • City of Seward -Seward Public LibrarylMuseum project • Chi{kat Vndian Village - Jiifcaat Kwaan Cultural Heritage Center project • Southeast Alaska State Fair -planning and grantwriting + City of Cordova -Cordova Center project • Friends of the Haines Borough Public Library -program funding • v v~atcrfrarit Park Assot.iatian, HOGd Rr:er, .n..regan - VdaterfYOnt Park project • Ketchikan Area Arts and Humanities Council -performing arts center • Juneau Twentieth Century Gross Alaska Theater Working Group -renovation project • National Park Service, Skagway - Klondike Goldrush Museum project Selected Past Clients • Anchorage Museum Foundation, Anchorage Museum of History and Art, Anchorage, Alaska -Museum Expansion Project • Friends of the Haines Borough Public Library -new Haines Borough Public Library + City of Wrangel{ - Naian Museum and Civic Center • City of Haines/Haines Woman's Club -Tlingit Park playground and park renovation • Hospice of Haines -Robert Wood Johnson Foundation Faith in Action program + Chilkoot Indian Association and Central Council of Tlingit and Haida Indian Tribes of Alaska - Chilkat Valley Community Recreation Center Plan; BlA Indian Reservation Roads Transportation Planning; Alaska Federation of Natives Wellness project + State of Alaska, Department of Labor, Division of Vocational Rehabilitation and Woric Force Deve€opment -Business plan consultant • Utah Museum of Natural History, Salt Lake City, Utah -new Museum facility project Cecily Stern Resume Page I of 2 137 Selected other consulting experience • McDowell Group -Memo re Planning a Capital Project for the McDowell Group's Kodiak Maritime Museum Study • Foraker Pre-Development Program -research and reporting far the Seward Li6rory Museum Feasibility Analysis: Phase 1 • The Foraker Group: Consultant and Southeast Alaska Liaison + Museums Alaska Conference -presentation on the challenges of funding in Alaska Other work experience • Lecturer: University of Hawaii, HiVo: "Learning Partnerships' lecture series. • High School Teacher: Haines Borough High School • Research Analyst: Abt Associates, Research and Evaluation Agency, Cambridge, Massachusetts: Worked on Project Rural, a federally funded project to implement innovative educational programs in ten rural American communities. Acted as liaison between onsite project evaluators in ten states and the project office, and between the federal funding agency, HEW in Washington, D.C. and Abt Associates. Analyzed research data, synthesized and evaluated research findings, wrote project reports, edited reports, and wrote final research findings. • Youth Coordinator, Grant Writer; Portland Metropolitan Steering Committee, Portland, Oregon: Organized meetings with low income teenagers to generate program ideas for job training. Wrote grant proposals to access state and federal funding for these programs. Wrote articles for and edited the agency's newsletter. • Educational Researcher: Early Childhood Research Center, UCLA, Los Angeles, California: Interviewed families of Headstart children to determine needs. Wrote teaching programs and developed curricula for Headstart children. Designed and implemented evaluation of Headstart programs. COMMUNITY SERVICE • Current $oard Member, Haines Borough Public Library Board of Directors • Board Member, Lynn Canal Arts Council • Board Member, Northern Southeast Regional Aquaculture Board of Directors EDUCATION Reed College, Penland, Oregon Bachelor of Arts Degree with honors in Humanities and Literature University of Alaska, Juneau, Alaska Post-graduate work in education Portland State University, Portland, Oregon Completed two years of post-graduate work in geology and geophysics. Publications A Different Kind of Gold Harper & Row, 1981 Salmon Enhancement on the Chitkat River, "Pacific Fishing", 1984 References Diane Kaplan, President and CEO, Rasmuson Foundation 907-297-2700 Tara Alcock, Library Director, Petersburg Public Library 907-772-3349 Robert Prunella, City Manager, Wrangell, Alaska 907-874-2381 Cecily Stern Resume Page 2 of 2 138 Arfn E~iyt°~n l3ox 951 Hanes, Alaska 99&27 amyren(a7aptalaska.net EXPERIENCE RESOURCES & RESULTS CONSULTING HAINES, ALASKA, OWNER Planning, Consulting and Grantwriting Services, 2003-Present ConsuttingJPlanning Related Work • Work with clients on identifying strategies for their organizations and capital projects • Advise and guide clients on developing plans for library services and programming • Write case statements, business plans and other needed materials • Create outcome based evaluations for programs and services • Organize and present workshops on a variety of related topics • Provide follow-up services and monitoring of project progress Grantwriting • Research grant funders and their criteria and guidelines • Write grant proposals and develop grant packets Some Recent Clients City of Petersburg Chilkat Indian Village Petersburg Public Library Project Revitalization o{ Community~Schoot Library Foraker Group lilkaaf Kwaan Culture! Heritage Center Pre-Development Work Seward Project Alaska State Library Ketchikan Area Arts and Humanities Council Building Libraries that Build Community Workshop Ketchikan Community Center for the Arts Co-Facilitator-Alaska Library Network Taskforce U.S. State Dept & American Embassy in Lebanon McDowell Group Day workshops in 5 locations in Lebanon on Kodiak Maritime Museum Project Feasibility- Developing Programming ir, Ruraf Libraries Capital Campaign Memo Southeast Alaska State Fair Chilkat Valley Historical Society Strategic Planning and grantwrifing Anway Project Strategic Planing HAINES BOROUGH PUBLIC LIBRARY ° HAINES, ALASKA, LIBRARY DIRECTOR, 19$5 - 2006 Collections, Programs, Technology, "rinancial, Administration, Staff Supervision and Cooperative ff"forts • Resporsibl@ for collection development, program planning, ma'sntaining financial records, automation of the library systems and developing community partnerships to improve services. • Collaborated with local agencies on a variety of projects. Founding member of the Friends of the Haines Borough Public Library, initiated the formation of Haines Cooperative Libraries, a joint effort with the Haines School District and Sheldon Museum, and acted as liaison with the University of Alaska's Statewide Office of Network Services to implement a grant project that resulted in Haines having Internet service years before commercial providers offered the services. • Worked closely with a board of trustees, staff members, volunteers and community partners to develop a program of library services that resulted in the Haines Borough Public Library receiving Library Journal's and the Gates Foundation's Best Small library in America-2005 award. SAMPLSNG OF CONFERENCE PRESENTATIONS AND TRAINlNGS PROVIDED • Pacific Northwest Library Association -Advocacy and Building Support-2005 • IMLS States Conference - Developing a 7echnoiogy Mentoring Program in Pu61ic Libraries-2005 • Building Our Communities Conference - Planning a New Building-2004 • Yupiit School District -Developing and Implementing A Youth Mentoring Program-2064 • Museums Alaska Conference - Planning a New Building-2003 • Statewide Library Institute of Continuing Education - 6 P's of Fundraising-2002 • Alaska State Library Association Conference -Panel member on Cooperative Efforts-1992 6 P's of Fundraising•2002; Dragonfly Project: A 7echnoiogy Awareness Program-2002 • Lower Kuskokwim School District -Training Programs for Viltage Aides-1980-84 139 PERSONAL AND LIBRARY AWARDS • Alaska Library Association's Audrey P. Kolb Public Library Service Award (individual): "In recognition of innovative leadership and inspiration for public libraries in Alaska." 2007 • Library Journal`s "Best Small library in America" 2005 • Public Library Association's Baker & Taylor Audio Music/Video Product Award-2005 • American Library Association's Excellence in Library Programming Award-2003 • Public Library Association's Excellence in Small and Rural Public Library Service Award-2003 • American Library Association's Gaie Group Financial Development Award-2002 • AOL Rural Telecommunications Leadership Award Finalist: Telecommunications Applications-1 999 SAMPLING OF GRANTS DfVELOPED, RECEIVED & ADMINISTERED • Partnership for a Nation of Learners grant-2005 • Institute of Museum 8, Ubrary Services Enhancement Groat-2001, 2003, 2005 + Rasmuson Foundation Tier Ii for new library project - 2000 and Tier I -2003 & 2004 • Alaska Humanities Forum Grant-2003 & 2004 • Denali Commission/DCED Community Priorities-2062 • USDA Rural Development Facilities Grant for new library project-2001 • Murdock Charitable Trust and Pauk G. Allen Charitable Foundation for new library project-2000 SOWER KLISKQKtM1M ~CFtD9L I9ISTRICT, ISETNEL, ALASKA Media Coordinator, 1980 - 1984 Responsible for selecfiing, ordering, and purchasing materials far 23 remote village schools in the Lower Kuskokwim School District. Traveled to village schools to set up libraries and train village library aides. EDUCATION University of Utah, Salt Lake City, Utah, Library Science 1981-1483 Graduate correspondence study (20+ semester hours) University of Montana, Missoula, Montana, Environmental Sfudies 1976-1979 Graduate study with a focus on environmental education. Carthage College, Kenosha, Wisconsin, History B.A. 1975 Graduated cum laude. PROFESSiONAt AFFlLIATION5 Alaska Librory Association, Past President-2006, President•2005; Pacific Northwest Library Association VOLUNTEER INVOLVEMENT 2006 Mentor, Pacific Northwest Library Association's Leadership Institute 2006-Present Board Member Lynn Canal Counseling Service; Secretary/Treasurer 2005 President; 2006-Immediate past-President, Alaska Library Association 2000-Present Statewide Reciprocal Borrowing Advisory Committee 1996-2000 Board Member Haines SEAKnet (Secretary 1997.1999) 1 994.2000 Statewide Library Electronic Doorway "'SLED" Advisory Committee 1941-1493 Board Member Sheldon Museum & Cultural Center (Secretary) REFERENCES Liz Heywood, Chair, Haines Borough Public Library Board of Trustees 907.766.3056 or 3356 Nina Malyshev, Library Development Director, Alaska S#afe Library (recently left position) 907.694.6655 Meriaine Kruse, Director, Community Programs 907.761 .7778 140 ~Nt~ tdf`lE2E(Y a~}D ~ECILY ~TERPV i~vA~r~tr~~, ~©njsuLTtra~ ,ae~a ~sF8ANT4tlR&T(fdG SERtfSCE~ T0: Kathy Heus, President and Members of the Friends of the Kenai Community Library RE: Proposed consulting services for Kenai Community Library Project DATE: December 5. 2007 Dear Kathy and Members of the Friends of the Library, First, we'd like to congratulate all of you on the successful band issue for the library expansion. That is a wonderful accoinplishmsnt and will provide an excellent foundation for your capital campaign. Your pro- ject team is to be commended on the work they undertook to Shepherd the bond issue to success. Thank you for the email inquiring about consulting services. I'm honored that Mary Jo suggested me as a possible consultant for your project. My partner Cecily Stern and I (resumes attached) are both strong library advocates and enjoy working with others who share adeep-seated belief in the value of libraries. We believe that consulting services should be tailored to address the client's needs since each client has a unique vision, project, community, and team. Therefore, the services we provide eaoh client are devel- oped to address their individual needs. We will work with your project team to address your next steps based on the current stage of development of the library expansion project. Dur goal s to help your organi- zation succeed in bringing a sustainable project to fruition. Project planning is an in*,entional organizaticnal process. A visionary plan has along-term view and ad- dresses sustainability. It has bold, innovative aspirations and includes clear benefits for Individuals, groups and the community as a whole. As a start to the planning process, we initiate a dialogue between stakeholders as they creata a vision and develop a course of action. The plan is unique to the organization and sets out strategic action steps. Project goals are clearly stated so that supporters can inform others abcut them in positive terms, and can show how the project will make a difference in people's lives. Planning a capital campaign includes setting a campaign goal, developing fundraising strategies appropri- ate to the organization and its community, and outlining tactics to engage a broad base of support. Attached Is a draft proposal for a contract and scope of work that we believe meets the needs of the Ke- nai Community Library project based on the information Kathy gave us on the current status. We are sug- gesting workshops on planning for a capital project and its fundraising campaign. Our workshops are de- signed to inform and inspire. They help participants gain information on a topic and develop the skills needed to put that information to use. We share best practices, experience and techniques in order to enhance each participant's ability to bean active, confidentcontributor to the project. We hope you will find that our proposal meets your needs. Please feel free to contact us if you have any questions or suggested modifcations to our proposed scope of work. Should you decide to contract with us for our services, you'll need to decide on the dates for the workshops. Kathy mentioned that January or February would be the most likely time to hold the sessions. We would recommend that this decision be made as soon as possible so that your project team can mark their calendars to reserve the dates. ~It would also allow us to give your group a place in our work schedule and to begin work for the workshops. ' ' sl _, _._ ~ _ ,. _.,_ _.. ' . Jfi ,„ , r t~_ ..,,1St 141 'Fhaiiks;again for helping us get Borne solEd footing under the PCC. I-refer to the strategic plan nearly every day and chip away at the things that need to be done.-We're finally moving forward in a purposeful ways Tara Alcock, Library Director, Petersburg Public Library ~ .,T.y,_gi t„~9w~€~€':k°#rASt„~ Ck~ • Clarify organzations' missions • Rssist with community assessments • Determine project Heads and benefits • identify resources requ{red for services • Advise an development of project Teams • Analyze space needs • Draft business plans • Facilitate development of strategic plans • Consult on program and service plans + Advise on developing budgets • Assist in building community involvement • Design ballot Initiative campaigns • Pian for project and service sustainability • Develop outcome based evaluation plans "-tSicfPLz`:""lf~>l~S;~'~ 4d"G'~si~'~.t"S€~z2{fl`°~„°F'~"r • Consult en funding strategies • Work with clients to create fundraising plans • Research funding sources • Develop grant application schedules • Assist with inftiating and cultivating relationships with donors and funders • Consult on planned giving programs • Support project staff throughout campaign =~~f~ai~°e~= €~r«~~~iy,^ac.€~~~€~ii i~~°~~~~~~I.~z • Create case statements • Research (under criteria, guidelines and priorities • Vv7ite iefters of inquiry, grant proposals and cover fetters • Design reporting schedules for grant management • Review, analyze, and edit client grantwriting efforts • Mentor organization staff and volunteers in completing grant ry~pyappiiycaiigo xn prya µckeptysp for~yspupbmi~ssyi~on I"Yktdnnt~Y?•. M4~iN56~i 6i 1•'F:t P°b'Aq~p :YiY5 G8 [i~Y+i 624: • Consult on public relations and communications • Generate and edit project publicity materials • Create or advise on development of capital campaign packets • Develop materials for efrective marketing • Advise clients on producing nawsletkers, posters, web information and donor updates ^A'f`akf?n3~3itkl:"rp Std:a .ttC'3" • PlanningforaNewFaciiity • Building Teams through Project Planning • Developing a Strategic Plan • Creating a Capital Campaign Plan • Making the Ask CammunityAdvocacy • Designing Programs to Meat Community Needs • Forming Parcnerships to increase Capacity • other topics upon request ~!: ~'„"Pf. e,4N~~ „st,t>^@i,,r consult wl#h clients to assure theta outcomes aee achieved and that activities are dire effectively meeting project goals. We taller our Beryl workshops to each organization and project. Workin with clients, we create innovative, snstafnahie prod services that meet community needs. By shanng a~i experiences and expertise in developing and manag cessful capital campaigns, and raising millions of do projects, we help our clients achieve their missions. 143 ::: KENAI AIRPORT COMMISSION FEBRUARY 14, 2008 KENAY CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMAR`P -- January 10, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM ~S: PUBLIC HEARINGS a. Resolution AC200S-01 -- Recommending to the Council that Airport Reserve Lands Currently Zoned Conservation and Located North of the Kenai Spur Highway be Rezoned to Light Industrial. ITEM 6: OLD BUSINESS a. Discussion/Recommendation -- Float Plane Basin Development ITEM 7: NEW BUSINESS a. DiseussionJRecommendatiou -- Lease Application -- Everts Air Fuel, lnc. Lots 5 & 6, Block 1, F.B.O. Subdivision lj, Di&nneci~nn __ FV(1Q Ai nrt 1RUdgPt -~'-- - ITEM 8: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 4: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD aTEM 11: a. Kenai City Council Meeting Action Agendas far January 16 and February 6, 2008. b. January 2008 Enplanement Report ITEM 12• 145 KENAI AIRPORT C®M9M{ FS®SION ~EDR4AR1 %~y dw40®O KENAF CITY CO/UgN~gCIL CHAMBERS 7:OQ P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEET%NG SUMMARY %TEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meetsng to order at approximately 7:Ofl p:m. Ro11 was confirmed as follows: Commissioners present: J. Zirui, (arrived at 7:10 p.rn.j J. Bielefeld, H. Knackstedt, E. Mayer, L. Porter Commissioners absent: C. Versaw, D. Haralson Others present: Airport Manager M. Bondurant, Council Member R: Molloy YTEM ~: AGENDA APPROVAL MOTION: Commissioner Mayer MOVED to approve the agenda and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. %TEM 3; APPROVAL OF MEET%NG SUMMARY -- January 10, 2008 Commissioner Bielefeld noted Ttem 7-a. should read "possibility of rezoning the majority of airport as "light commercial." MOTION: Commissioner Mayer MOVED to correct the summary as noted and approve the summary as corrected. Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. %TEM 4: PERSONS SCHEDULED TO SE HEARD -- None ITEM 5: PUBLIC HEARINGS 5-a. Resolution AC2Q08-01 -- Recommending to the Council that Airport Reserve Lands Currently Zoned Conservation and Located North of the Kenai Spur Highway be Rezoned to Light Industrial. $ondurant reported on the timeline of the process. Knackstedt opened the meeting to public hearing. There being no comments, the puialic hearing was closed. 146 MOTION: Commissioner Zirul MOVED to recommend the Council initiate a rezone of airport reserve properties located north of the Kenai Spur Highway from Conservation to Light Industrial. Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: OLD BUSINESS 6-a. Discussion/Recommendation -- Float Plane Basin Development Phil Bryson, Wince-Coytl~eli-Bx°3~son -- Bryson spoke on the development of lease lots, taxiways and roadways. He brought a lay down of two different ideas for access to the runway. Commissioners commented in support of the development and recommended the Airport Manager contact local air charters for their review. Bryson will return with additional drawings from Commission discussions. ITEM 7: NEW BUSINESS 7-a. Discussion/Recommendation -- Lease Application -- Everts Air Fuel, Inc. Lots 5 & 6, Block 1, F.B.O. Subdivision Commissioner comments included: • A general discussion on the lots and type of operation. • in favor of the lease and would like Everts to know that FBO development would be subject to minimum standards being developed. MOTION: Commissioner Zirul MOi7ED to approve the Everts Lease Application noting that future development to the lease. property, such as an FBO, will be subject to minimum standards which are currently under review. Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. 7-b. Discussion -- FY09 Airport Budget Commissioner comments included: • Thanked the Airport Manager for the information and being included in the process. • A general discussion on the budget information included in the packet. • Looking forward to a budget presentation at the March meeting, • Requested a complete review of revenue and expenses. ITEM 8: REPORT AIRPORT COMMISSION MEETING FEBRUARY 14, 2008 PAGE 2 147 8-a. Commissson Chair -- Knackstedt requested information about land available on the west side of the airport. fi-ls. Airport Manager -- Bondurant gave the status of the KPAF, noted she presented at the Alaska Air Cargo. luncheon, and gave information on the terminal lighting project. 8-c. City Council Liaison -- Molloy reported on issues discussed at the City Council meeting of February 6, 2008. 1TEM 4: COMMISSYONER COMMENTS AND QUESTIONS Porter would tike to receive packets by email, stating he would have more time to review the information and he would like to receive color items in the packet instead of black and white. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None YTEM 11: INEORMATTON YTEMS 11-a. Kenai City Council Meeting Action Agendas for January 16 and February 6, 2008. 11-h. January 2008 Enplanement Report YTEM 12: ADJOURNMENT MOT10N: Commissioner Zirul MOVED to adjourn and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 9:15 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk AFRPORT COMMISSION MEETFNG FEBRUARY 14, 2008 PAGE 3 148 CITX c3F ICENAI PLANNING 8u ZONING- COMMISSYON AGENDA CITY COUNCIL CHAMBERS February 2T, 2008 - 7:00 g.sn. CALL TO ORDER: a. Roll Ca11 b. Agenda Approval c. Consent Agenda d. *Exeused Absenees *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROV'AL OF MINUTES: a. *February 13, 2008 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSYDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZU8-06 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.25 LandscapingJSite Plan Regulations be amended requiring approval of plans before clearing any 1~„d, requ;ring buffer separation between commercial and residential uses; extending the completion time to two years and providing that the approval may be revoked with thirty days notice. b. PZ68-11 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Cauncil that KMC 14.20.200 (Accessory Structures) be amended by 1) Adding a section restricting the use or storage of conex-type structures in the central commercial and residential zones and 2) Requiring accessory structures be built to match the primary building on the lot and 3) Providing for temporary use of conex-type structures during construction projects and incorporating the existing requitement that accessory structures over 120-square feet require a building permit. fi. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: J. REPORTS: a. City Council 149 Agenda Page 2 February 27, 2008 b. Borough Planning c. Administration ltl. PERSONS PI2E3EN2° N~1° 3CHEDETLED: (3 Minutes) 11. INFdRMATIdN ITEMS: a. "Zoning Bulletin" -January 25 8~ February 10, 2008 12. Y 3. ADJOTSRNMENT: & QIIESTIONS: I50 MEETING SUMMARY ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. Twait verbally added the following to the agenda: ADD TO: Item 1-b. Agenda Approval Oath of Office administration -Karen Koester 1-a. Roll Call Roll was confirmed as follows: Commissioners present: T. Wisniewski, S. Romain, R. Wells, J. Twait, P. Bryson, A. Baldwin Commissioners absent: Others present: City Planner M. Kebschull, Council Member R. Ross A quorum was present. 1-b. Oath of Office Deputy City Cierk Hall administered the Oath of Off ce to Karen Koester, who then took her seat on the dais. 1-c. Agenda Approval MOTION: Commissioner Bryson MOLTED to approve the agenda urith the verbal add on at the beginning of the meeting. Commissioner Baldwin SECONDED the motion. There were no objections. SO ORDERED. 1-d. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Wells SECONDED the motion, There were no objections. SO ORDERED. 151 1-e. *Excixsed Absences *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Approved by consent agenda ITEM 2: *APPROVAL OF MINUTES -- February 13, 2008 Approved by consent agenda ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PLTBLIC HEARINGS 5-a. PZ08-O6 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska; recommending to the Council that KMC 14.25 Landscaping/Site Plan Regulations be amended requiring approval of plans before clearing any land, requiring buffer separation between commercial and residential uses, extending the completion time to two years and providing that the approval may be revoked with thirty days notice. Kebschuil reviewed the staff report included in the packet, noting advance approval of the site plan would be needed if more than 75% of the lot would be cleared. Twait read the rules for public hearing and opened the meeting to public comment. Kellxe Kelso, l I7 Walker Lane -Supported the resolution, noting concern that a wall could be considered a buffer. RiclLard Steiner, 117 Walker Lane -Spoke in favor of natural buffers, not walls or fences, noting property values would stay higher with natural buffers. There being no further comments, the public hearing was closed. MOTION: Camrnissioner Bryson MOVED to approve PZ08-06 and Commissioner Romain SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 27, 2008 PAGE 2 152 VOTE: Wisniewski YES Romain !YES Wells YES Twait YES Bryson ~ YES _ Koester , __ YES I Baldwin YES ~~ ~ M®TIDN PAS^sED UNAI~%M®U~sLY. S-b. PZO>3-1 I - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council. that KMC 14.20.200 (Accessory Structures) be amended by 1} Adding a section restrictisxg the use or storage of connex-type structures in the central commercial and residential zones and 2) Requiring accessory structures be built to match the primary building on the lot and 3) Providing for temporary use of connex-type structures during construction projects and incorporating the existingsequirement that accessory structures over 120-square feet require a building permit. Kebschull reviewed the staff report included in the packet, noting connex structures and sheds would be covered by the same codes, and the resolution allowed for temporary storage using connexes. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Romain MOiIED to approve PZ08-11 and Commissioner Wisniewski EdNbED t_hP motion, Commissioner comments included: .This is just a recommendation to Council, and comments can be made to Council at that time. The public could still apply for a variance if necessary. This resolution is inegardless of lot size. i7OTE: MOTION PASSED. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 27, 2008 PAGE 3 153 ITEM (: OLD BUSINESS -- None ITEM T. NEW SUSIIVESS -- None ITEM ~: PENDING ITEMS -- None ITEM 9: REPORTS 9-a. City Council -Ross reviewed the action agenda from the February 20, 2008 City Council Meeting and noted there would be public hearings later in March for the Improvement Districts, 9-b. Sorough Planning -Bryson reviewed the agenda from the February 25, 2008 Borough Planning Meeting, noting a presentation by the Watershed Forum regarding Water Quality Assessment. 9-e. Administration - Kebschull reported the next meeting (March 12, 2008) would include a public hearing on the rezoning of airport lands; the site plan for Arctic Barnabas Ministries had been received; and there=~~auld be a public hearing a?~ amending a conditional use permit within Angler Acres. ITEM 10: PERSONS PRESENT NOfi SCHEDULED Pat Porter, 810 Rogers Road -Thanked the Commission on all their hard work on the connex issue. ITEM 11: INFORMATION ITEMS 11-a. "Zoning Bulletin" -January 25 & February 10, 2008 ITEM 12: COMMISSION COMMENTS ~ pUESTI®N3 Romain welcomed Koester to the Commission. Koester stated it would be a great learning experience. ITEM 18: ADJOURNMENT MOT%ON: Commissioner Romain MOVED to adjourn and Commissioner Baldwin SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:25 p.m. PLANNING AND ZONING COMMISSION MEETING FEBRLIARY 27, 2008 PAGE 4 154 Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING FEBRUARY 27; 200& PAGE 5 155 ~~ ~'%`~ ~_ __= ;. - the ce~ of IfEN ~ 5KA "Village wit>Lt a Past, Gitey wi`t/~ a Ft~t~tYe" 21 d Fidaigo Avenue, Kenai, Alaska 99611-7794 v ~~ ~, Telephone: 907-283-7535 /FAX: 907-283-3014 i) 'I ',992 MEMO: TO: City Council FROM: Rick Koch DATE: February 28, 2407 SfJBJECT: Kenai Community Library Expansion The purpose of this correspondence is to inform the Council it is the administration's intent to issue a purchase order to Klauder & Company Architects, Inc. for professional services in support of composing a full tier 2 grant proposal to the Rasmuson Foundation. to support the above referenced project. Attached please fmd the following: 1. KlaUdl.l W Ccmpany Architect, Inc. fee schedule 2. 2. Letter of Invitation from the Rasmuson Foundation. Thank you for your attention in this matter. If you have airy questions please contact me at your convenience attachments 157 301 1X% Northern Lights Bivd. Suite 400 Anchorage, AK 99503 February 14, 2008 Mr. Rick Koch City Manager City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 9o7.29zz7oo tee Dear Mr. Koch: 907.297.2770 fax syzz~a.z7oo torn-trey =n arasxa Thank you for your letter of inquiry regarding an addition to the Kenai rasmvsonfan@ra.smuson.°rg t,,:a~r Community Library. I am pleased to inform you that the Rasmuson www.rasmuson.org Foundation is interested in further considering your project and invites you to submit a full Tier 2 proposal. Please submit your proposal when project plans are far enough along to make a competitive application. If you would like your proposal considered at the July 2008 board meeting, please submit it by April 1, 2008. If more than 12 months elapse and the project is not yet ready for consideration, this invitation wiN automaticalEy be withdrawn. Anew fetter of inquiry would need to be submitted for further review of the project. Follow the guidelines posted on the Foundation's web site, www.rasmuson.orq, using the usemame "Application" and password "RF07T2" for access. (Both the username and password are case sensitive.) in preparing your proposal,please submit a fully itemized project budget, detailing whether funding is secured or pending. Please be aware that the commitment of substantial local con#ributions to BoaxD of the project will be a major factor in determining whether the Rasmuson nlKECraRS Foundation will participate in the project. In the proposal, please indicate Y.cJward B. Rasmuson whether iuCai titian Ciai SiJppu rt haS bccri Comm{tted Or seCUred. CH¢irman nob Alien Please note that a determination of interest does not guarantee that you wilt be awarded a grant. We encourage you to continue to seek other Morgan christen funding to ensure you have adequate resources fo accomplish your Dongtas Eby project. Once your proposal has been received, it will be scheduled for Adam Gibbons Board reVieW. Lile R. Cribbons if you have questions regarding the application process, please do not Cathryn nasmnson hesitate to contact Helen Howarth at (907} 297-2882 or e-mail your jnay nasmnson questions to hhowarth@rasmuson.org. Marv Louise Rasmuson Natasha von Imhof We look forward to learning more about your project. john Wanamaker nCB ly, Nadine Winters prcrstnslv-r Diane Kaplan Diane Kaplan President 158 }4lauder & Company Architects, Inc. 606 Petersen Wav Kenai AK. 99611-8001 (907)283-1919 Pax 283.0450 ;<+'EE SCFIEnLTLE Effective I-19-08 AILCI-SITISCTURAL SERVICES Discipline Hourly Billing Rate Principal Architect i $150 Project Architect $150 ' Contract Administrator X150 Project Manager ~ $125 Senior Designer /CAD Draftsman $100 Construction Inspection $100 i Interiors/Finishes Consulting $100 i Designer! CAD Draftsman Jr Draftsman { j $80 - $75 Clerical $50 Additional Charges: 1. Automobile travel for trips to points in excess of 100 miles from office, at the rote of $0,50 per mile each way. 2. Actual cost of airline, charter, (rain, bus or cab fare or auto rental or by OCONIJS per diem rates. 3. Actual cost of subsistence and lodging or by OCONUS per diem rates. 4. Actual cost oflong-distance telephone calls, telegrams, freight and. express charges, and postage ocher than ordinary first-class. 5. Actual post of materials required.. for the job and used in as-builting, printhig and reproduction costs. 6, Actual cost of special test and services fur special consultants. Charges outlined above in items 2 Chrough 6 are suUject to an additional 10°/n mark-up for handling; unless OCONUS per diem rates prevail. 01-2008KIauder Rate Schedule.doc 159 ~.~~~~ „l/~((aa~e wet~t a past; Gi~y r~it~ a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us FROM: Carol L. Freas, City Clem BATE: February 21, 2008 ((,, RE: ~Rf3A17CEiSTFRIG C(}tTIVCIL tl'ZEE~`lhrfir~ Following is additional information received from GCI: Will GCI allow for breaks in broadcasting during Chrsstmas break, 6priag Break, and Summer Break? Yes. A schedule of meeting dates, meeting dates with tapes, and preference of airng day and time needs to be provided to GCI. The Chief GCI Technician verified the airing of a VHS tape (it must be a VHS tape) would have to be aired during business hours so not to conflict with scheduled paid programming (UAA sporting events, Iditarod Sled Bog Race, etc.) and would need to be aired between 9:00 a.m. and completed by 5:00 p.m. The meetings would be aired on Cable Channel 1. The schedule may be submitted quarterly (January-March, April-June, July-September, October-December). Can GCI tell us }now many subscrihers have tleeir cable boxes tuned to the council meetings when they air? No. They are not able to provide the number of viewers watching the program. In checking the school calendar (downloaded from the school district webpage), meetings during the school year are: i6a ' Meeting Date/ School tb en Meeting Date/ Schaal Clasata Note: March 5; 2008 March 19, 2008* ~ S rin Break A ril 2, 2008 A ril 16, 2008 Ma 7, 200$ May 21, 2008* ' School Closed/Summer Break August 2Q 2008* School Begins/Doubtful student will be available. Se tember 3, 2008 ~ _ ~ Se tember 17, 2008 _ October 1, 2008 October 15, 2008 ~~ ' November 5, 2008 November 19, 2008 _ December 3, 2008 iJanu 7,2009 Janu 21, 2009 Februar 4,2009 February 18, 2009 March 4, 2009 March 18, 2009* S rin Break A ril 1, 2009 A ril 15, 2009 Ma 6, 2009 May 20, 2009* Summer Break/School ', Closed ' Confirmation would need to be received from the school the program will be continued, etc. for the 2008/2009 school year. CIf 162 INFORMFeTION ITEMS KENAI CITYyyyyC9~~OgygUNC~gIL MEETING MAdAW~~SB Sy 2®®~ L 3/5/2008 Purchase Orders Between $2,500 and $15,000 for council review 2. 2/ 11/08 J. D. Glass, Deputy Commissioner/Department of Public Safety letter regarding location of the possible new Crime Lab. 3. 2008 Alaska Gaming Permit Application/Games of Chance and Contests of Skill -- Kenai Senior Connection. 4. Kenai Convention Sv Visitors Bureau, Inc. -- Minutes of January 28, 2008 Board Meeting and February 19, 2008 Regular Meeting. 5. Project Status Report 6. Memorandum -- Central Area Rural Transit System, Inc. (CARTS) Request for City of Kenai Funding 7. Letter of Resignation -- Beautification Commission -- Helen Brown 8. Application -- Library Commission -- Molly Graves °o 0 Q N tN ~ O hl ~ 'V' m ^A r U Z O t3 Q LL. O d O °o_ Q o ~ 0 0 N ~ ui yr g w Vt4' uza F ~ us . m . ci ~ O z aw '~ ~ J U ~ d U N !il J a a Z w a 0 ti fp U! U W O y W W °a a O LL U O ~u 0 a u. U U Q W z .r J N z 0 U m a ci 0 d z 0 U a U 0 n. w ~_ ~! ttl N LL a z 0 S h J ui w g K a 0 g U Z Z d 163 tats of 1~laska Department of Public Safety Sarah Paiin, Governor Wait Monegan, Commissioner February 11, 2008 Mayor Pat Porter City of Kenai 310 Rogers Rd Kenai, AK 99611 Dear Mayor Porter: RE ~ FEB ~ ~ 2008 Recently you traveled to Juneau and met with Governor Palin and some of her staff. During this meeting the subject of the location of the possible new Crime Lab (Lab) was discussed. As the primary paint of contact for the Lab I have been asked to respond to explain to you on the decision of the location of the Lab. In early 2007, The Department of Public Safety {DPS) through the Department of Transportation and Public Facilities initiated a study to identify and evaluate potential building sites for construction of the Alaska Crime Lab. This site selection process considered land within the Municipality of Anchorage. At this time, the City of Kenai offered its proposal. I have also spoken to the Ciky Manager of Palmer and the Mayor of VUasitia about this study. This list was reduced to one iacation within the Municipality of Anchorage. Currently there are negotiations with the Municipality far this parcel of land. It is anticipated that this lease will be of no direct cost to the State. The reasons listed below were taken into consideration for keeping the Crime Lab within the Municipality of Anchorage. 1. Excellent proximity to Alaska Department of Public Safety Headquarkers and the State Medical Examiners Office and Laboratory. 2. Close proximity to the Anchorage Police Department which constitutes about 70% df the requests Lab services. The Lab site in Anchorage provides a most efficient chain of custody for the purpase of Court Trials. it reduces the time away from the Lab for Forensic Scientists to testify. 3. Access to the Ted Stevens Intemationai Airport. 4. Sufficient roam for,futur+3 growth and expansion. , "Public Safety Nrmugh Public Service" Office of the Commissioner 5700 E. Tudor Road -Anchorage, AK 99507 -Voice (907} 2085086 -Fax (907) 269-3543 Juneau Office -Voice (907) 465-4322 -Fax (907) 465.4362 165 Mayor Pat Porter Page 2 February 11, 2008 5. Compatibility with surrounding sand uses, such as the two nearby State-owned laboratory facilities and the institutional uses to the north. 8. Affordable costs for deve0oping the project 7. Availability of the site within the timeframe needed for the construction of the laboratory. When the possibility of the offer from the City of Kenai was preserrted I spoke with Rick Koch, the City Manager on October 1, 2007 at 10:35 AM. i explained to him at the time that we were in negotiations with the City of Anchorage for land. But if for some reason an agreement was not reached that we would be again contacting him. As indicated earlier in this letter those are still ongoing. We anticipate that these wilt be successful and hapefutly wilt have a signed agreement soon. Thank you for your interest and the work that was done to make the proposal. We believe that the best interests ire served by locating the Lab here in Anohorage. If you wish to discuss this ar any other issue please feel free#o contact me at the below fisted address and phone numbers. Sincerely Yours ~ "~ John D. Glass, Deputy Gommissioner Department of Public Safety 5700 E. Tudor Road Anchorage, AK 99507 "Public Safety through Public Service" Office of the Commissioner 6700 E. Tudor Road -Anchorage, AK 88507 -Voice (807} 268-&086 -Fax (807) 268.4543 Juneau Office -ltoice (907) 465-4322 -Fax {807) 465-4362 166 ~k,~ ~ ' ~~da E r ~~ ~~~t{~ caMESOrrh~N2EnN~coi~r~s~rsorsKii.l. r Apply online at www.rar.alaska.gorr/gaming ---- Organizafiion inforrr~afiion __-____-- C C :~ ~ rsl ~~ IP tH12WifC CnlU~a(fli~C~ti'iF I ~~ ua z ,_ ~0 ~ ~,:. ~ ~~ --- 1~~ ~ .~ ~~~ , ~ ~ _._ 1Nebsrte address j Omalu ~nosname ~C' ~ r' ~ r ~ ~l~f/~'~ ~ c ~)'af~ 7C2 } ---- -- 6 , . --l-1 pity State 7~ ~Ir 9 4 -..._ ~fds fnU abtlreu _ c , , _ ~c ~.~~.~ _ 3~~~.a~z~ryY ~_~,L, r ~.- ~ ~-~ AK~~~ {~ n -j ~~ntiiytypelcitc<kene) ~l~rganisaflonYype(t:heckonelfornfi~+ors,see2»OS'aG`)Car+715AAC1bG9''S ~ ~_~ -'~ ` ,.~oryrna ion ~~ u -'~-"- ~Oiad2ble ^ r(aremal LPOIIC^or firede onmenr P' i l N CPartncrsltlp ^~iri; o~servire CLz6or tica ol ^ ^ Assalatlen j L7 Pog mue6ers'assoratan ^ Munic~tuallry CPekalors ~ i O edc¢atior±at il Nonprofinrade assodatlon ^Vr.ceraes - ^(?utbgard mq;or assixiatlon f~€ishing Azrby asoda:un _ __,_, ^kRA/NaiWzdrtiage _____, _~ ...._ Yes ^M1o goes the organiaailon have 2S onnore members who are Alaska restlenrs osdefineU in your aaldes cf lnzorpmatior or bylaws? C~. __-_ ------- ' _-___ _-- 6~emk~~rs in Charge Qtt~arnes tl~embers in charoe must be natural person= and adlve members of the organization, cr employees of the mlmicipality, and designated oy the organizafoa Mernbcr<.!^ Charge may not be Ilcensed as an opertor, be a registered vendor ar an employee o(a vendorfnr this crganizafion ;f more than one alternate, atrr.h a separate sYteet. T-- ~ ~~ W~~iynrelnheinstnair; P11 1Primarr .enberlastramr, ~f.mae j Doy11. e pl:ooe nu°rber ~ ~ j Mobile number 1 i'ao~ me mailing xatlress I ~4 ru:~~„ It~r stare th-r~a G7/ I I-~' rr~ +~ rw . r FtK ~J ~=~ t'-" -~~-_~-_.. ~PearTliu~rtier wMch tes[wasraien ~f'2S IFir primaq~member passed :he rest? ~~Yes ^N~ i ~. ~ ~~rv hlternore rremue~frsr name 'MI Alternate mvrrber last name ~SOttfiSf.r~A~P. ~b`lalt 'Jays m. phone Hamner .~~.- ~ ahnb0e nunrtrr ~--~~_._ o emadliy address I i,rY State 6p '-9 ~~ i(tUr,c~'~ _~AK I ~'s3c-il Permu G antler wNd' G r wM taken nasrh altunatemembcrpassedrhetesl? ~YYes ^No Le IK~'al L1'UC~'tlVi~~a These questions roust he ansrered. IFyou answer Yes to eltter question, see instruct'oos. (a Yes l~hto -fiasany member of mana9emen?m~ any person veho i<, responslolc for gaming attlvioe: rrer6een mnvineb e(' afelony, exmrrion, or-a violailon o(a law o+ ardlnan:e of this Harz, l/~~ or another7urisdiaionfiaris~clmeinvolvirothGordishonesryuraviolatono(o~mblingiavrs? C1Yes ~No Oesary ~nemherof managen~n[annyxr orwitosrespnnslLe(orgamir¢-a[[ishleshoveaprohibised<or,(Iia orote~esrasdennen bylS AAC1fr0.954? NAP dCCIOfC', Uf102(j1PPl1~;! &rUt1.SW0r0 fQiNhCllirOt7, [!!0! WP hdVE PXafiir/IP(/ h'rr5 9f(lArO(7Ql!, lRCIGG`! f f]CIi' QFiaChRir'Ot% pfid Flat, !0 (ill be5(pf'uY(/ fr10Nf2dgC OnD bQftEf, f(i5 rIU2 andcomplere. Wecndersrandr7~aonytalsesm(errlenrmadeor.rheapphcationo tnyettoc'uneritsBprJnisnobt Gy'pw. ~__ _ filmary or ~4mt~ati m~ryrb °ktgwtu e , Nimgd i i,P ~ ooze - (; ~'...-- 1"/ 1. 5 ~ <>~; l-I ..~i~ '~--~~> G~,.}.. 1 ~ ~;, ' a~s~tl~tn^~ rervneer si pp~Fiim (s(see ms}>~b~orsh ~- IPiinted name ',~ ~'.+ / i.~ ~l ~ J', .~ ! ~ rl' n rvr ~~ ~/ r~ /"Y p" -C.7G~ry.' ` ~ ~ !_ -_ ri G'~c..-_ f (he perma fee iS based cn 2607 estimated gross receipts.Cdeck the appropriate hot, o New applicant ~ 426 ~i S6-S2C,000 x520 ^ 520,001- S10O,DDO S50 ^ $100,001armure 5700 ~2~ Two copies o~fthe application must be sent to all applkable vaiieaeen uu municipalities and baraurghs. See instructions for mandatory attachments ~~ Date; Date stam~- Pay online wlthTOPS at www.rax a/askagov of make check payable to State of Alaska. New applicants mar, pay by check, , i II Mail tc ABaska Department of Revenue-Tax D'svisian I PO Box 71`.14Z0 • Juneau, AK 99811 J420 ~ I Phanc-i9C711r6S2320~(ax(907)464-309$ ----t www.tax.aiazka.gnvlgaming Retain a L09~Or yatlr reCarEls Porm Gg05-82G "~ web fl;v 10187 for 2U08 • page "i -- - ---_ bt varfnne;~e ~, ~, ~Gamingoermiru ry ~2@OSALRSKAGAMINGQr~RMIT.APPtlCATtOh, _ ' ~ ~ ~ °'' ,6ANfS05 CilANCE AhD C6N~~Si$01"$KILI, ~~? ~r~i~ty.glte_'Y' ~~6.,~3~I~t t~/`G+~1Pr;L _ -. s~`r~£I~i~C~-b~SEC~ Csd~eS (se~~-(~~@'e~~~o) i'merethanrworacl~rres,at~ta hzsPparat_sreet _ ohrynaine Dhyslrtl der ss ti ~5tate 21p+q ~- ~, ., i9 ~ ~ fa flit}~[gpe kneck one, ,Camet,~q khec all thahpply _- --~ _`._, Clowned ^!easeo GDonared j ©11ogo !~`RafOe ^PUIhraLs ^Ai~meJ classic (cEicken)~G'An mal oass_1!a,..e~ GSpctlaldrew rafle' ^Lalmt=i poa ~ I ~~~. Ph s¢rl adGms; ---'--~--('tiry_"'~' ~~_~Ttrn~e llp-ra -- ~acrayname -._ y ~ v . , I .. 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If more thza one operator, attatF a sepatat2 street __ l~_-- -' ~Cusmessnome ~-C,ametY~(s) ~Jperato~licersep s Opa~atorriarte I __ _ _ --C-___._~.._-------~~__._. ---- Muitipie-beneficiary Pert~ittee lnfarmation (~l~P) DesigoatetheMQPwithwhichtheoryanlzationhassignedapartnsrshlpor~olat~ventumaggveement _ _ ____ Gamerypetsl ~MBPpermltb I MIiP eaete t ~~ ~~ u s ,P g _ i sch r,~tprereeJ,fr~rcoamirgactivities Oe~icat~onofP~etPCOCee S ~.~cr;~e[nd.t<.ilhcwt~ a*an¢atienwii~~ •~ n r~' 8 C5 Retain a cf~or your records form 0405-626,2 web ftev iG197 for 2008 • j>age 2 KENAI CONVENTION & VISITORS BUREAU, INC. Regular Board Meeting -Monday, January 28, 2008 MINUTES CALL TO ORDER A. Cali to Order and Roli Call Present: Directors Lindgren, Braun, Malston, Brower, Maltby, Nelson, Ortiz, West and Wheeler. Also present: Councilman Boyle, liaison from City of Kena[. Excused Absence: Director Steckel ELECTION OF BOARD OFFICERS: Motion: Director Nelson moved, seconded by Director Braun, for the nomination of Ron Malston as President. MOTION PASSED L1l~ANIMOUS'LY. Motion: Director Nelson moved, seconded by Director Brower, [or the nomination of Fred Braun as Vice President. MOTION PASSF,D UNANIMOUSLY. Mottnn: Director Brower moved, seconded by Director Nelson, for the nomination of Julie Wheeler as Secretary-Treasurer. MOTION PASSED UNANIMOUSLY. Discussion followed concerning participation on the Executive Committee by the Immediate Past President and it was duly Hated that the Bylaws allow for such participation by the Immediate Pasf President on the Executive Committee but in anon-voting capactty. B. APPROVAL OF AGENDA The Agenda was approved as distributed C. APPROVAL OF MINUTES ";mutes cf the meeting of December I8, 2007 wer^_ approved as dis+_ributed< D. PERSONS PRESENT SCHEDULED TO SE HEARD No persons scheduled for this meeting E. UNFllWISHED BUSINESS 1. Income Statement -year ending 2007 Secretary-Treasurer Ron Malston presented the preliminary year-end report which indicates that the.K4;V B finis6ted ont the year in the black wvth $19,801.84. Other signifecant items of interest was the revenue resulting feorn Games of Chance a& SkilF. Areas of concern include down-turn in retai9 sales and Interim Executive Director Sue Carter reported thet staff was aware of the sitnat#on and looking aY various ways xo increase the retail sales. Discussion followed relative to an annual audit and Board directed that the Interim Executive Director contact Mikunda- Cotfrell (who performed the tact audit) to determsne casts, of al. and that such audit results would be reported directly to the Board of Directors. 2. Approval-2008 Budget 169 Minutes -Page 2 Staff presented the Board with the draft 2008 budget. Discussion followed regarding the high amount budgeted under professional fees and were advised that the amount had been allocated far computer work from prior administration. However, sock work was being accomplished for a much lower rate. Board determined that the amount would remain as is and would Book at the budget in the upcoming months. M6TI®N: Director Braun moved, seconded by Director Nelson, to approve the 2008 Budget in drafft form with final approval at the next regular Board of Directors meeting. Mt)TIQN PASSED UNANIMt)USLY. 3. Authorizing signers A resolution was presented For Board approval authorizing speciftcally named persons to sign on behalf of the KCVB. The following wits be authorized to sign: Ron MaLston, President; Fred Braun, Vice President; Julie Wheeler, Secretary-Treasurer, Shawn Maltby, Director and the Executive Director. F. UNFIIdISIIED BUSYNESS 1. Executive Director-interviews Interim Director, Sue Carter, presented the Board with six applications received from the posting of the Executive Director position with Alaska State Job Service. After much discussion, it was the mandate of the Board of Directors to extend the posting of the position until Friday, February 15, 200>l. At the end of the day, the Interim Director will so advise Ehe Board of the results and the Board will schedule the interviews accordingly. G. NEW BUSINESS 1. Summer Art Show-Gala 260!1 Per Board request, an income-expense statement for 2007 was prepared for Soard perusal indicating that s fatal income of 533,1.35 with a total expense of X23,832.25 resulted in the 2007 Gata. The Board was advised that staff is presently in the process of soliciting funding from past sponsors as Weil as those who have indicaked an interest in participating in this year's event. The Board was also presented with copies of the sponsorship levels/donation amount fforms as well as sponsor benefits. Directors Nelson, Braun and Lindgren generously committed for a sponsorship !eve! of $500 each. The Board was asked for they participation and assistance wherever possible. The Board also noted diftlcaities in last year's event and directed Interim Director, Sue Carter, to meet with the caterer as soon as possible and work out the areas of concern prior 8o this year's bid being sent out to local caterers. H. REPORTSICCIRRESP®NDENCE 1. Patrons of the I{VCC 170 MfNUTE5 -Page 3 MOTION: Director Braun moved, seconded by Director Nelson, for the approval of the wneept for the Patrons of the Kenai Visitors & Cultural Center. Discussion followed and staff advised that the Patrons, which is presently a separate 501©3 organization woald become an advisory Board to the KCVB Board. The structure and membership of the Board would include representation from the KCVE Board of Directors as wel} as community members who wilt act on such items as exhiBitsldesplays, art acquisition, the annual summer art show and other items pertinent to the well-being and continuation of the Kenai Visitors Bc Cultural Center. AB decisions ahd recommendations will be forwarded to the Board of Directors for final review and approval Director West stated he felt that the concept would bring more structure and assist in those areas which have bean of concern to the Board in the past. Also, iY was reported that a separate accounting will be done of all revenues/expenses of the Patrons and will be reported as such to the Board off Directors at their regular meetings. MOTIt7N PASSED UNANIMOUSLY. Staff to implement p-an and President Ron Maiston will appoint members to Che Patrons so that a meeting schedule can be set up in the next two weeks. 2. Visitors Services Visitor statistics for ,year-ending 2067 indicate that a total of 59,240 visitors had been to the Center. Board inquired as tothe figures and were advised that visitor statistics, though not growing, were appearing to remain stable over the past several years. 3. Marketing/ Membership Interim Director Sue Carter advised that Jessica Arness had been selected to replace our oufgoing marketing/membership director, who is moving out-of-stafe. in addition, a membership report indicates that we now have 182 members ar,d will be adding a Patrons of the KVCC membership to our current appl'ecation. 4. Exhibits/Displays The Board reviewed an up-date from Exhibits/Dasplays which included the February exhibit schedule on February 7`" -photographer Ron Levy's exhibit titled "Relevance: The Search for Meaning in our Lives, Connections through People, Animals, Earth, Spirit', February 13`s "A History of Prospecting and Mining in the Bristol Bay Region, circa 1680-1365" by Lake Clark National Park and Preserve Historian Jahn Branson and on Thursday, February 2181, photographer Greg Daniels w[I[ be presenting a slide show of his recent travels to South Africa. This slide show is being held es a fundraiser for the Peninsula Food Bank. The Museums Alaska Art Acquisifon committee approved our 2007 art acquisition requests of three pieces which include "®ut of Alaska's Wator" by Cella Anderson ($3,500, "Neptu.ne Day" by Igor Pasternak ($488), and "Nat so Long Ago" by William Heath (5225}. These pieces were part of the recent art show and were purchased through a grant on behalf of the City of Kenai. i7I. Minutes -Page 4 Board discussion Collawed relative to the exhibits and disptays and past president Sasha Lindgren inquired as to the capability to have copies of documentakion of those items owned by the City of Kenai or on loan to the Cultural Center. Sue advised that the documents are available for perusal at alt time as the file contains hundreds of pages of listings of items in the collections. Board also discussed being contacted by Ricky Cease, who would Like to have a wiid[ife art show in the Center. The Board was advised that Mr. Cease had also contacted etaff and will be meeting with the Director of Exhibits and Displays to discuss his proposal. Mr. Cease had also been advised that the summer art show had been sat far year 2469 (54 year anniversary of Alaska) and there would be no room for an additional show at that fame. Director West stated he would like to see the issue resolved as soon as possible so that Mr. Cease would not be utilizing his time in an unproductive manner if them is no way to accommodate his request in the near future. 5. KEDS Director Nelson reported that she fiad attended the last meeting of the Kenai Ec.onomse Development Strategy Team (KEDS) and advised that Sue Carter would attend future meetings, on our behalf. The Board was also informed of the April 17a' "City-wide Public Economic Forum" sponsored by KEDS and to beheld at the Kenai Visitors & Cultural Center. B®ARD C{)MMENTS The Board members expressed appreciation and welcome to Shawn Maltby, new board member representing the Peninsula Gflers as well as a thank you to Sasha Lindgren, who served as president of the board. Director Lindgren advised that she would be retiring ffrom her position with the Kenaitze Indian Tribe and would tike to continne participating with the KCVB and the Patrons of the KVCC and its docent program. DIreCLOC t:irelZ advised that ®e WOnid he unt-nf-tire-eouratr'y' svi mcuiw, icuo~ns an would be unavailable for the interview process as welt as the next regular board meeting. J. ADJC3LiRNMENT Next regular board meeting wfll he Monday, February 25, 2448. i~z Kenai Convention ~isitcars ~urean Regular Meeting -January 28. 2008 Board of Directors Sasha Lindgren, Pact President A Ci E N D A Pred Braun, Vice President December, 2008 Ron ivlals8on, SecreuryJTreasurer December, 2010 Councilman Mike Boyle City of Kenai Mayor's llaisor. Sharon Brower. Director December, 20t0 Shawn Maltby, Director December. 2005 Marion Nelson, Direcmr December 2009 A. CALL TO ORDER & ROLL CALL ELECTION 6F IIOD OFFICERS B. APPROVAL OF AGEli'DA C. APPROVAL OF MINUTES -Meeting of December 1.8, 2007 D. PERSONS SCHEDULED TO BE HEARD E. FINANCIAL REPORT -Ron Malston, Sec.ITreas. Ray Ortiz, Director I. Income Statement -current December, 2004 2.2008 Budget -approval 3. Authorizing Signers )aceuie Steckel, Director F. IiNFINISHED BUSINESS Aeeember, 207G 1. Executive Director -schedule interviews Robin West, Director December, 2609 Cr. NE`vt' BUSINESS Jude wheeler, Director I. Summee Ae`t Shaw- Gata 2008 December, 2008 H. REPORTSlCORRESPONDENCE I. Patrons of the KVCC Mission 2. 'Visitor Services Tc promote the membership 3. Marketing/Membership Ofthe Karai CVB and the 4. Exhibits/Displays City oflCcnaithrough S. KEDS Destination marketing To support economic L BOARD COMMENTS Development of the city of Kenai through the visitor Industry To serve as the professional J. ADJOURI\T1vIENT -NEXT MEETING Facility manager of the Kenai Visitors and Culinral Center "t~o promote the history, arts And culture of Kenai and Alaska 173 PATRONS OF THE KENAi VISITORS & CULTURAL CENTER Regular Meeting - Tuesday, rebruary 19, 2008 Minutes prepared by Natasha Ala (Unapproved) A. CALL TO ORDER: Meeting called to order at 5:35, Sue started the meeting and Fred arrived and facilitated the meeting. ROLL CALL: Ricky Geese, Celia Anderson, Biti Heatn, Sasha Lingren, Fred Braun, Sue Carter, Natasha Ala B. AGENDA APPROVAL: Unanimous C, APPROVAL OF MINUTES: None D. PERSONS SCHEDULED T4 BE HEARD: None E. UNFINISHED BUSINESS: None F. NEW BUSINESS: 1. American AssaciaHan of State and Local History (AASHL), Standards Program: Members present received a press release regarding the organizations involvement in proceeding with a national standard project with AASHL. There are six identified professional standazds relating to museum work. Natasha is leading this project and will complete a seif assessment workbook w'iucla is designed to help us determine what standard area would be most beneficial to our organization. SUc will take one small aspect of one of the standards and develop measurable and achievable goals in working on that standazd area. Ricky suggested that we focus on standard number six; Management (1) financial/human resource -fcnancia/ planning, records, raising money to make sure institution has resources it needs, budgets, audits, managing paid and volunteer staff, evaluating paid and volunteer staff, strategic planning, and 2) operations -policies, insurance, security, safety, facility upkeep, groundsJ. 2. AASHL, Survey Assessment i. Results due the end of September The intent of this survey project is to gather information that will ba helpful not only fof our organization but helpful to Museums/Cultural Centers through out Alaska in deteran;n;ng azeas of weakness and strengths in our various organizations. The survey is long and takes a lot of time to fill out. Natasha is leading this project and stated that we will receive a report the end of September, 2008 from AASHL which will tabulate the results of the survey and provide us with valuable information that may be helpful in future strategic planning. 175 3. Summer Art Show i. Update The upcoming summer show is titled "Alaska Light: Mystery Revealed". Around 100 artists have responded that they will prepare and send art work to this summer show. The Gala Openurg reception will take place on Friday, May 9a'. The guest curator is Jayne Jones. Natasha and Jayne will be sending out a letter to invited artists this week. reminding them of the upcoming deadline of March 26~h when artwork needs to be delivered to the Kenai Visitors & Cultural Center. ii. Fund Raising Committee Natasha presented information regarding our current sponsors and the amount of money currently pledged. We currently have around $11,000 pledged for the summer show. It has been determined that we will need around $20,000 to cover the cost associated with the Gala Reception and printing and promotional costs. We are confident that we will be able to raise that money but members present were encouraged to share information regarding potential sponsorship contacts and assist in finding new sponsors. Natasha stated that we are the only large scale, statewide art show that relies 100% on funding from the community and is not dependent on state or federal grants. This demonstrates a high Level of community buy-in for this event which is now going into its ninth season. 4. Strategic Planning (Set Goals} i. Future Focus -Museum Accreditation vs. Cultural Center ii. Prioritizing program goads -interpretive program, docent program, "Hosting First Thursday" receptions, lecture series, workshops, et al iii. Expansion and improvement of building. Needs for storage space, work space, nffea cparn~ nxhihit 5paCC iv. Summer Shows - develop a Mission Statement which. defines why we hold this event, who is our audience and what is the purpose of the event? li'eepdng it fresh. v. Funding options available through our 501 c 3 to aeeomplish our goals - establish a Grant Raising Committee to seek and apply far funding to accomplish goats of the strategic planning session The five points above where discussed as possible topic areas to cover in a strategic planning session. There was much discussion regazding the future focus of this organization and the need to obtain ckear and concise goals regarding the future direction for the organization. It was agreed that all options are on the table. The group decided that it we will need to establish four committees to work on behalf of the `Patrons'. The four committees identified are: a Permanent Exhibits Committee, a Temporary Exhibits Committee, a Programs Committee and a Fund Raising Committee. The Permanent Exhibits Committee will be composed of strategic community members with historic expertise whose purpose will be to tell the story of Kenai's history through interpretation of objects, photographs and personal narratives. 176 1'he Temporary Exhibits Committee will be composed of community members representing the visual arts, the performing arts and the humanities. The Programs Committee will work on such things as lecture series, a docent program, a summer interruptive program and community workshops. The Fnnd Raising Committee will be established for the purpose of funding all the programs and exhibits. It was agreed that at the next Patrons meeting these committees would be fiarther defined and recommendations would be made regarding appointment and invitation for membership on these committees. 5. Permanent Exhibits Committee e. Purpose of Committee ii. Assignments to Committee iii. `Community Based Exhibit Development' Natasha will invite a representative from the Pratt Museum to a future meeting to share their research and experience in `Community Eased Exhibit 1)evelopmenf. 6. Grant-In-Aid - 2008 i. Leghting far cases It was agreed that improving the lighting in our permanent exhibits cases would be a good project for the 2008 GIA, lvratasha will work with Scott Catrlee from the State Museum to determine the best options for improving the lighting for the cases. 7. BOARD COMMENTS: none 8. ADJOURNMENT -Next Meeting It was agreed that the next meeting would take place on Monday, March 24s'. Meeting adjourned at 7:Q5 pm. 177 Project Status Report NC Non-Construction PL-Jack aoShot F=Future RS -Robert Springer MK -Marilyn Kebschull STIP=State Trans. Imp Jet -Jan Taylor A/NC~F/ City Contact Project Name Statas STIP A JL Airport Runway Safety Generators installed ZonelExtension A MK Airport Supplemental Planning Completed. Assessment A JL AP Urea Storage Building Project has been designed. Waiting for funding to go out to bid. A RK Kena; Ri~rer Bluff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M drillad monitoring wells. A RK LID's -Shamrock Circle Will be scheduled for paving daring this year's projects. A RK Marathon Road Improvements Engineering undenr/ay. A JL Public Safety Garage Preliminary plans developed. City needs to initiate rep(at. A RK Water System Drilled one welt in Eagle Rock area, but arsenic levels were too high. Testing near we31 houses and golf course area. A JL Wildwood Drive Improvements Preliminary engineering complete. ROW issues. F JL Contaminated Soils -Shop No funds for further work. Monday, February 25, 2068 Page 1 of 2 1~9 A/NC/F! City Contact Projoct Name Status STIP STIP DOT -Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3,3 mites,.. Project in environmental assessment. Design scheduled FFY08. Construction after FPY09. City Manager talking to ADOT. Monday, February 25, Page 2 aso „ J'~~\\ Z.F. \\\ _ --,-- t~ie~uty n~ /~ 1(ENAIA~ 51CA "UiC~a~e with a Past Gity wit~t a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 il~ Telephone: 907-283-7535 /FAX: 907-283-3014 ~~ ~i isgz MEMO: TO: City Councii 1 FROM: Rick Koch C)ATfF: February 28, 2448 SUBJECT: Central Area Rural Transit System, inc. (CARTS) Request for City of Kenai Funding The purpose of this con-espondence is to lxarrsmit information. submitted to me by a representative of CARTS. CARTS also requested the City of Kenai consider a $ 5,000 granUdonation to the CARTS program. This is included in your packet as an informational item as I expect there maybe a representative from. CARTS speak to the Council under persons to be heard. Attachment 181 Central Area Rural Transit System, Ina (CARTS) A Community Solution for Public Transportation `~®®~ CARTS had another great year! t%Ve have delivered over 338,608 rides overall Public transportation passengers are diverse: W"ork is the most popular destination for pubfic transit riders - 27% of CARTS riders are going back and forth to work. However, people use public transit for other reasons as well- including getting to school or training, medical appointments, shopping and recreational opportunities. The elderly and disabled represent 18% of CARTS riders; youth 29% and adults 53%. A ride on CARTS is available to anyone. There are no income or disability requirements. Public transportation is subsidized throughout the CTnited States. The discounted fare each passenger pays, whether it is on CARTS or the subway in I`Tew Yark City, does not cover the true cost of the ride. CARTS is only $2.50 per zone, which is usually about 1(3 the cost of taking a cab. CARTS has access to Federal and State funds that are set aside specificaIly for public transportation. Local match is an important part of our £unding puzzle. Passenger fares comprise approximately 12%, local government 4%, state government I5 %, federal government 43%, and service contracts providing 26% of CARTS funding. Every dollar invested in public transportation generates $6 ox more in economic returns. CARTS pays local providers to give rides. We have paid out over $1,850,000 dollars to local cab companies and non profit agencies to deliver rides for us. Evenhon users benefit as a result of public transit! CARTS is for everyone! A community solution for public transportation. 262-8900 1S2 183 J ~~We U '~~9++ T L iry G Y~ S 00 ~ G w .~,. V a L .a ~O ~ 4 tV r N ei 4 j ~ ~ \ ry ~ u 1 / \ \ h a ~ ~ / •C' \ ~ ~ G / d O Y ~ c ~ ~ c ~ k . ti i ffi W 4 ~ p Q , ~ u ~ ~ p V ~ ~ O. ~ Q i ~ ~ .u 3 I M 1 I L __ ~_~ F r e O ^J M O ~' 0 N m e a X V W h N 2 e' .o ~ o~ v ^~ of 7 4. m O w 0 y o R ~ ~i 184 Helen B. Brown P.O. Box 3293 Kenai, Ak. 94611 !'~~EE~~~ 907-283-4413 ~~ ~ ~ 2006 ~ ~~ ~~.~~ February 20, 2008 Carol Freas City Clerk City of Kenai 210 Fidalgo Ave. Kenai, Ak. 99611 Dear Carol: Due to the fact that I will be leaving the area permanently in the very neaz future, I hereby tender my resignation from the Beautification Committee effective immediately. Sincerely, ~~~~ ~~~ Helen B. Brown 185 ~~`~ ,~ " vitdage with apart -City with a future. " $A~~GR~UND AND I~ERSaNAZ. DADA ~A~DZDAT~~ FAN AppDZNTME~~ ~~rEES ADD c®MMlsElH3N5 RETURN' "l'a: KEldAI CI1"Y CY.ERR 2!0 FffiALGC6 AVENUE l$EIVAI, AK 9961 l 7]ATE: O~,[~ ~ ~ ~ 0 PI'AME: pH89PiE: 283-7535, EXT. 23'. FAX: 288-5068 u Resident of the City of Kenai? ~ ~.~~ liow iongP E S~_ Residence Address J~ !rJQ ~\1~~1i' ~~NYiC3i(1 ~dr~ Mailing Address ~© ~S6Y-. 7'>~a yC2,t/~f~ p Home T~phone No. 7 ~'J'~i~~~ Home Fax No. _~_~/~ Business Tele hone No_._ ~-f Business Fax No. 7~4//-~ Email Address: 'Wb~tsv.e -diI~MC2SS ~ hblY~all• cnt~u~ May we include your contact information an our web page? ALL If not all, what information may we include2 1%5l 5 J n ~~~ EMpLOYER• l~~/1" cF0$11'itle PIAME OF ~pOUSE: _~ / f~" Current membership in organizations: nrL~tMaI D2bG~lf~~,reYtSC`S ~ Sfe~115 ~15,~} ~yi`~Yt1C~ ("~U~ past organizational memberships: ~1'~ R Tw'kxttC~" (~Vb caMMl'l'7CEE8 oR CoMMlssIONS rnr wl~ucx YoU ARE IN~rERESTEI~: ~-t~'+~"~ wl~ Do ~zoU wANT,~ra sE uavs~l,Vll~ waTx'Cxls ccaMMlssloN oR caMMtrrEE~ lrQ~, ~ 1rti lib ctved Wn it'T4ere~-FetR ~n -F~ sien• ~le-~-~'~___~~~~~~ w~v.`~- b~tc~v.~e .._w~~, it~votueG I,., hn~-- C ptM va~V~-w ` V Signature ) k~ 187 YC $'yCtlE pAiiLtGR6AU1tlLy EfiA ERLI.%1Y~1.iE, OR OiRELIJ1B 8 a^~•~T 3/Yf YVU p{.pITSE~13 A'4J DRIAR VF Ry 1$1L` BtliAH\8iy