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2008-07-02 Council Packet
AGENDA ENAI CITY COUNCIL -REGULAR MEETING JULY 2, 2008 ~' 7:00 P.M. KENAI CITY COUNCIL CHAMBERS xexa.ninsua http~/lwww ci kenai ak us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. City Manager Rick Koch -Forestry Vldeo (11 minutes) 2. Judy Reece, Kenai Peninsula Fire Wise Team/Division of Forestry -- Fire Safe Program Update ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 7. Ordinance No. 2321-2008 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Project Fund and $750,000 in the Street and Sewer Capital Project Fund for Public Improvements. 2. Ordinance No. 2322-2008 -- Placing on the Ballot for the Next General Election the Question As to Whether the Municipal Officers of the City of Kenai Should be Exempt From the Provisions of the State of Alaska Financial Disclosure Statutes (AS 39.50). 3. Ordinance No. 2323-2008 --Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. 4. Ordinance No. 2325-2008 -- Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Flne of $500 for Trespass in Violation of KMC 3.20.070. 5. Resolution No. 2008-40 --Contributing $5,000 to the Central Area Rural Transit System, Inc. (CARTS) for Fiscal Year 2008-2009 Transit Services. 6. Resolution No. 2008.41 -- Awarding the Bid to Alaska Enviroscape for Leif Hansen Park Sprinklers Installation - 2008 for the Total Amount of $52,630. 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. 2326-2008 --Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund. 4. *Ordinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 From Conservation to Light Industriai. 5. *Ordinance No. 2328-2008 --Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract 6, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. 6. *Ordinance No. 2329-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract 1A of Buffalo Run Subdivision 2008 Replat (Preliminary Plat) Consisting of Approximately 72 Acres from Suburban Residential and Rural Residential to Rural Residential. 7. °Ordinance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering. 8. *Ordinance No. 2331.2008 -- Enacting a New Section of the Kenai Municipal Code (KMC 13.20.040) Titled "Trespass" Making It a Violation to Trespass Upon Real Property. 9. Approval --Grant of Easement(T5N Rt t W, Sections 32 & 33, Seward SW KN2006025, Baron Park 2006 Replat Lot A, Records of the Kenai Recording District (Slope Easement/Marathon Road Improvements). EXECUTIVE SESSION --City Manager Evaluation Continuation 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 D274/271 JULY 2, 2008 REGULAR COUNCIL MEETING REQUESTED ADDYTIONSlCHANGES TO THE PACKET ITEM REQUESTED BY: ADD TO: Executive Session -- Financial Matters CITY MANAGER CONSENT AGENDA SUBSTITUTE: H-8, Ordinance No. 2331-2008 -- (Change =removal of "or buildings" from 13.20.040(a)/first line), CITY ATTORNEY LL Z h W W J U Z O U > ~ ~ . J ~ p W Z Z J ~ ~ J W J ~- p ~ ~J 0 0 0 0 ~ ~ (n W ~' ~ O~ a. 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KENAI CITY COUNCIL CIIAMBERB http: / Jwwcv.ci.kenai.ak.us ITEM A: CALL TO ORDER Pledge of Allegiance Roll Call 3. Agenda Approval 4. ,Consent Agenda *All items fasted with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) City Manager Rick Koch -- Forestry Video (11 minutes) .................................. 2. Judy Reece, Kenai Peninsula Fire Wise Team/Division of Forestry -- Fire Safe Program Update ...................................................................................... ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2322-2008 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Project Fund and $750,000 in the Street and Sewer Capital Project Fund for Public Improvements ................................................................................................ 3 3 2. Ordinance No. 2322-2008 -- Placing on the Ballot for the Next General Election the Question As to Whether the Municipal Officers of the City of Kenai Should be Exempt From the Provisions of the State of Alaska Financial Disclosure Statutes (AS 39.50) ........................................................................ 36 3. Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030 ..................... 39 4. Ordsnance No. 2325-2008 -- Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine of $500 for Trespass in Violation of KMC 3.20.010 ................................................................................................ 61 5. Resolution No. 2008-40 -- Contributing $5,000 to the Central Area Rural Transit System, Inc. (CARTS) for Fiscal Year 2008-2009 Transit Services........... 68 6. Resolution No. 2008-41 -- Awarding the Bid to Alaska Enviroscape for Leif Hansen Park Sprinklers Installation - 2008 for the Total Amount of $52,630 ......................................................................................................... 69 YTEM F: MINUTES 1. *Regular Meeting of June 18, 2008 ................................................................. 71 ITEM G: %TEM H: 1. Bills to be Ratified ......................................................................................... 92 2. Approval of Purchase Orders Exceeding $15,000 ............................................. 93 3. *Ordinance No. 2326-2008 -- Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund ........................... 94 4. *Ordinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 8s Lot S, FBO Subdivision No. 8 From Conservation to Light Industrial ................................................... 103 S. *Ordinance No. 2328-2008 -- Amending the Oficial Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. 106 6. *Ordinance No. 2329-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract lA of Buffalo Run Subdivision 2008 Replat (Preliminary Plat) Consisting of Approximately 72 Acres from Suburban Residential and Rural Residential to Rural Residential ..................................................................... 109 7. *Ordinance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by X25,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering ................................ 113 8. *Ordsnance No. 2331-2008 -- Enacting a New Section of the Kenai Municipal Code (KMC 13.20.040) Titled "Trespass" Making It a Violation to Trespass Upon Real Property ....................................................................................... 116 9. Approval -- Grant of Easement/T6N Rl 1W, Sections 32 & 33, Seward SW KN2006025, Baron Park 2006 Replat Lot A, Records of the Kenai Recording District (Slope Easement/Marathon Road Improvements) ................................ 118 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging ............................................................................................ 123 2. Airport Commission ........................................................................................ -- 3. Harbor Commission .................................................................... -- ................... 4. Library Commission ....................................................................................... -- 5. Parks & Recreation Commission ..................................................................... -- 6. Planning 8v Zoning Commission ...................................................................... 126 7. Miscellaneous Commissions and Committees a. Beautification Committee ........................................................................... -- b. Alaska Municipal League Report ................................................................ -- c. Mini-Grant Steering Committee .................................................................. -- %TEM J: REPORT OF THE MAYOR ........................................................ -- ITEM K: ADMINYSTRATYON REPORTS 1. City Manager ................................................................................................. -- 2. City Attorney ................................................................................................. 138 3. City Clerk ...................................................................................................... -- ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Postponed on June 4, 2008 to August 6, 2008.) -- City Manager Evaluation Continuation ITEM N: ADJOURNMENT ***txrt~xttx:rxx*,r:rx*** xr:r***x***~**~****x~:r~~*+***~*~**:r~*~*:~****~;**:r*+*******xt*~r*x x***~**x INFORMATION YTEMS JULY 2, 2008 Page No. 1. 7/2/2008 Purchase Orders Between $2,500 and $15,000 for council review...... 164 2. 3. 6/24/08 Public Works Department, Project Status Report .................................. 165 6/25/08 City of Kenai Dock Rate Schedule ...................................................... 166 Kenai CWPP ~Cna' Area 8/2l2fl06 ®rr~munit ildfire ratectin P°la~ March 244 Prepared hy: Spruce Bark Beetle Program Kenai Peninsula Borough 36130 Kenai Spur Highway Soidotna, Alaska 99669 Kenai CWPP Tabee of Contents S/2/20€?B Section ~: a.~ ... Table of Contents ...................................................................................................... m List of Tables .............................................................................................................. iv Executive Summary ..................................................................................1 1. fntroduction ..............................................................................1-1 2. Punning Process .....................................................................2-1 2.1 Step by Step process ........................................................................................ 2-1 2.2 The Core Team .................................................................................................2-1 3. Community gackground* ........................................................3-1 3.1 Kenai ............................................................................:...................................3-1 4. Community Wildfire Risk Assessments .................................4-1 4.1 The Community Wildfire Protection Plan Boundary .......................................4-1 4.2 Fuel Hazards ....................................................................:................................4-1 4.3 Kenai Values at Risk ........................................................................................4-3 4.4 Risk of Wildfire Occurrence ............................................................................4-4 4.4. t History of Fire in Alaska ......................................................................4-4 4.4.2 Fire Season !Weather Patterns ............................................................. 4-5 4.4,3 Fire Causes on the Kenai ......................................................................4-5 4.4.4 Natural or Manmade Barriers ...............................................................4-6 5. Local Preparation and Firefighting Capability .......................5-1 6. Community Priorities ...............................................................6-1 6.1 Individual Homeowner Preparedness ...............................................................6-I 7. Action Plan and Assessment Strategies ................................7-1 71 Kenai CWPP Action Plan ................................................................................ 7-2 i3. t3eciaration of Agreement and Concurrence ..........................$-1 Appendix A -Public t7utreach and Meeting notes ............................ A-1 Appendix i3 -List of Abbreviations and Acronyms .......................... B-1 Kenai CWPP 3/2!2006 Attachment 1 -CWPP Base fdiaps ...................................................... C-'1 Map 1. Kenai Gammunity Base Map ........................ ...................................C-1 Map 2. Kenai Fuel Hazard Glass Map ...................... ..................._..............C-1 Map 3. Kanai Fuel Ownership and WUi Map .......... ...................................C-1 Map 4. Kenai Hazard Fuels Mitigation Efforts ........ ....................................C-1 Map 5. Kenai Area Fire History Map ........................ ....................................C-1 Attachment 2 - Preparing a Community it+fildfire Protection Plan: A Handbook for Witdland-Urban Interface Communities..... C-1 htto~//www borouah kenai ak us/sprucebeetle/New/CWPP(CW PP Handbook.pdf ..................................................:..............................................C-1 Attachment 3 - Follow-up Community Risk Assessments ................ C-1 List of Tables Table Table 2-1 Table 4-1 Table 4-2 Table 7-1 Table A-1 Table A-2 Kenai Core Team ........................................................................ Kenai. Values at Risk ....................................:.............................. Kenai-Kodiak Area Fire Cause 1482 - 2005 ............................... Kenai CWPP Action Plan ........................................................... WildfirePlanning Community Outreach .................................... Publlc 1. Umnlelit5 0° S'UggeSii6nS irarii ~c°iLL", i~0"clings .............. Pace ...................... 2-1 ...................... 4- 3 ...................... 4-6 ...................... 7-2 ..................... A-1 ..................... A-3 Kenai CWPP Kenai Area 2006 Community 6~iIdfire Fratectian Flan Kenai Peninsula Bartrough, Alaska 3/2/2006 Executive Summary This Kenai area Community Wildfire Protection Plan (CWPP) is a collaborative effort that has been developed in response to the-2003 Healthy Forests Restoration Act (HFRA), which directs communities at risk of wildfire to develop a risk assessment and mitigation plan. The spread of the spruce bark beetle in Alaska, and particularly in the Kenai Peninsula, has continued for more than a decade. This infestation, considered the largest in North America, has impacted 1,1 million acres of the Kenai Peninsula Borough (KPB) as of 2004. The resulting spruce Cree mortality has created an extreme wildfire hazard and has greatly increased the risk of catastrophic loss of life and property across the region. In 1998, the U.S. Senate Appropriations Committee directed the U.S. Forest Service (USES} to establish a multi-party task force to prepare an action plan to manage the impacts of the spruce beetle infestations in Alaska and to rehabilitate the infested areas. The KPB was designated as the Lead agency for the Spruce Beetle Task Force. In 1998 the Task Force presented its findings, and the KPB formed the Spruce Bark Beetle Mitigation Program (5BS). The mission of the SBB is to help protect the lives aad property of the residents of the Kenai. Peninsula Borough by identifying and mitigating wildfire and other hazards related to spruce bark beetle-killed sprace and to help restore healthy forests. In accordance with that direction, the 5BB facilitated development of this CWPP. The HFRA, enacted by the United States Congress in January 2003, emphasizes the need for federal agencies to collaborate with communities to reduce the risk of destructive wildland fires !hreatenirg these communities. The HFRA recognizes that a successful CWPP is dependent upon involvement of local governments, local fire districts, state entities, and, when agp&cable, other agencies that administer lands within and surrounding the community area. Through this process, communities have-the opportunity to influence where and how federal agencies implement fuel-reduction projects on federal lands, and how federal funds may be distributed for projects on nonfederal lands. The guidelines for CWPP's, as set forth in the HFRA, includes: • Collaboration. A CWPP should be dec~eloped within the context of the collaborative agreements and the guidance established by the Wildland Fire Leadership Council and agreed to by the applicable local government, local fire department, and state agency responsible for forest management, in consultation with interested parties and the federal land. management agencies managing land in the vicinity. • Prioritized Fuel Reduction. A CWPP should identify and prioritize areas for hazardous fuel- reduction treatments and recommend the types and methods of treatment on federal and non-federal land that will protect an at-risk community or its essential infrastructure. • Structural Ienitability. A CWPP should recommend measures to reduce the ignitability of structures throughout the at-risk community. 14 Kenai GWRP S!2/2006 The EIFRA emphasizes That priarity for federal assistance will be given to communities that have identified treatment areas through development of a CWPP. The CWPP is developed to assist local fire districts, local governmental agencies, and residents with the identification of lands- including federal lands-that pose a severe wildfire threat and with identification of strategies for reducing hazard fuels on those lands while improving forest heateh, and improving firefighting response capabilities, in compliance with the HFRA, the CWPP compliments agreements among local government, local fire districts, and the state agency responsible for forest management. State, federal and local agencies may then act and respond to the concerns and issues raised in the CWPP. The Kenai C W PP Identifies fuel hazards, values aC risk from wildfire, and fire history for the area. Mitigation actions are determined to deal with concerns and action items are prioritized For attention and requests for funding. Aside from any agency actions, site-specific planning and treatment is the responsibility of each landowner or jurisdictional agency and will be aided by this plan, wherever passibte. Because this is an on-going plan, the Care Team of community members and agency advisors will work to carry out the action plan, pursue specified requests for assistance, and revise the plan. as action items are accomplished and new priorities emerge. Subject to available funding and or technical resources, the SBB will continue to assist member communities and fire departments with their individual priorities for wildfire risk-reduction and citizen safety. Guidance for khe CWPP is based upon Preparing a Community Wildfare Protection Plan: A Handbook for Wildland Urban Interface Communities (March 2004). This publication funded by the Alaska Division of For^esrry, Department of Natural Resources pursuant to USDA Forest Service Award No 0511100000207. 25 Kenai C1NPP 3/2/2006 "~ . 611ft'OC~UCfl~ft Alaska's 10.25-million acre Kenai Peninsula Borough (KPB) has exgerienced a regional spruce bark-beetle outbreak that peaked in 1996 and continues to spread to uninfected areas. The outbreak resulted in extensive spruce mortality on appraximately 1. t million acres in the KPB by 2004. The infestation extends beyond the KPB, and over the last two decades an estimated 4 million acres of spruce in south-centre! Alaska have been affected. While spruce bark-beetle outbreaks aze natural events and periodically occur throughout south-central Alaska, the magnitude of spruce mortality during historic episodes was typically much less (20% to 30%) than the current infestation in which. mortality rates exceeded 90%. The 2003 enactment of dte Healthy Forests Restoration Act (HFRA) gave an incentive to communities to engage in comprehensive forest planning and prioritization. This community- based forest planning and prioritization lead to the formation of Che Kenai Forest, Wildfire Protection; and Fuels Management Coordinating Committee. The committee's goal was to increase collaboration and coordination an all strategic and project level planning to address the impacts of spruce bark beetle in the KPB. The interagency committee includes representatives from: • United State Forest Service (USFS); Alaska Region, Chugach National Forest, and State & Private Forestry; ^ Alaska Division of Forestry (DOF); • United States Fish & Wildlife Service (USFWS), I{enai National Wildlife Refuge KNWR); • USDI Bureau of Land Management (BLM), Anchorage Field Office; ^ National Park Service, Kenai Fjords National Park; • Kenai Peninsula Borough (KPB}; ® USDI Bureau of Indian Affairs (BlA). ® Other agencies included on the interagency planning team include Alaska State Parks and Chugachmuit. Fn D:ovember 2003, the comrr,itt~ met to ~1_eveiop a_n "All T ands1A11 Hands" flue-year action plan (the Action Plan). The purpose of the Action Plan is to identify and grioritize the full range of work needed to mitigate the impacts of the spruce bazk beetle on the Kenai Peninsula. This mitigation work is organized according to the National fiire PEan (NFP) t0-Year Comprehensive Strategy. A major finding in the Action Pian is that wildfire potentially threatens appraximately 51,000 Kenai Peninsula residents who live in 26,000 residential structures with a cumulative property value of $2.7 billion (all residential, industrial, and commercial infrastructures). Furthermore, 89% of the KPB valuation is located in 15 communities with either an extreme or high wildfire risk rating. In accordance with the direction of the 2003 HFRA, the Action Plan places a priority on working collaboratively with communities in the wildland-urban. interface (WUI) and emphasizes the need for the communities on the Kenai Peninsula to complete Community Wildfire Protection Plans (CWPP's). These CWPP's give local community members an opportunity to consider WUI boundaries around their community for themselves, identify and prioritize hazard fuel reduction projects, and to recommend measures to reduce the ignitability of structures throughout the at-risk community. Under the guidance of the Coordinating Committee the SBB has taken the lead in facilitating these protection plans for each of the communities. 1-1( Kenai CWPP 312/2406 Community 4i%'-Id6re Protection Plans A CWPP helps a community develop, clarify and refine its priorities for protection of life and property and critical infrastrncture in the wildland urban interface. The CWPP brings together diverse local interests with a large base of knowledge to discuss their mutual concerns for public safety, community susrainataility and natural resources. It offers a positive, solution-oriented environment in which to address challenges such as: local firefighting capability, the need for defensible space around homes and subdivisions, and where and how to prioritize land management - on both federal. and non-federal Land. A CWPP can be used by FireWise program working groups, individual homeowners, fire departments, fire management personnel in natural resource agencies, and ethers involved in wildfire planning and mitigation efforts. Guidelines outlined in Preparing a Community Wildf re Protection Plan: A Haudbook for Wildland-Urban Interface Communities (see AttachmenC 2) were utilized W develop this plan. Wildland-Urban Fnterface The WUI is commonly described as the zone where structures and other features of human development meet and intermix with undeveloped wildland or vegetative fuels. Wildland fire within the WUI is one of the most dangerous and complicated situations firefighters face. Federal-level fire planning places a priot7ty on working collaboratively with communities in the WUI to reduce their rsk from large-scale wildfire. Methods of reducing the risk of wildland fire include: • Reducing the amount of fuels in [he interface area; • Fragmenting or breaking up continuous wildland fuels; • Informing the public through education and outreach of proper FireWise program practices; • Invah~ing individual landowners in implementing FireWise techniques on their property; • Improving fire suppression capabilities and fire response infrastructure; • Reducing the incidence of human caused fires. Preventive treatments such as reducing fuel loading, ladder fuels, and hazard trees; planting a fire resistant species mix; and restoring and protecting early successional habitat, provide a good appartLllnlty far tang-term planning for fame safety and forest health and are potentially mare cose- effectieethan suppression. FireWise Program As more people inhabit the wildland-urban interface, the threat to structures and private property from wildfire increases. FireWise is a national-level initiative designed to educate and instruct homeowners, community leaders, planners, developers, and others in localized efforts to lessen the threat Pram wildfires through individual and cooperative mitigation techniques and education. The national FireWise website (www.firewise.org} contains information to assist property owners in defending their property against wildfires and in reducing the staggering impact and cost of severe wildland fires. Other state and local websites provide additional fire safety infotmation. Wildland firefighting agencies and local fire departments cannot always adequately protect the growing number of structures in the WUI. It is therefore critical that landowners assume responsibility for developing their properties to reduce the risk posed by wildland fires. The expanding WUI ap the Kenai. Peninsula, coapled with the severity of the beetle-hill problem, and compounded by recent weather patterns, reinforce the importance of following wildland fire safety principles such as those publicized under the FireWise program. I -~ Kenai CilVPR 8/2/2006 2. Planning Process The Kenai CWPP has been developed as an on-going, cooperative process to reduce the risk. of wildfire to residents, properties, and infrastructure on federal, state, and private lands in the Kenai area. This process helps these communities identify and refine wildland fire hazard priorities and specify actions needed to help safeguard our infrastmcture and other community values. This CC~rPP serves as an active management tool as well as a consolidated community- based guide to wildfire mitigation. 2.1 Step by Step process The CWPP was developed utilizing the step-by-step process presented in the Handbook: Task One: Convene Decision Makers. Task Two: Engage dnterested Parties. Task Three; Establish a Community Base Map. Task Four: Develop a Community Risk Assessment. Task Five: Establish Community Priorities and Recommendations. Task Six: Develop an Action Plan and Assessment Strategy. Task Seven: Finalize the CWPP. 2.2 The Core Team The Core Team for development of the CWPP inctudes agency representation from the Kenai Peninsula Borough, Kenai Fire Department, and Alaska Division of Forestry, who wilt review and signoff on the plan's final contents. To achieve the goals of a CWPP and to satisfy Healthy Forests Restoration Act requirements, strong community participation is necessary to provide local knowledge and perspectives. Local agencies, utilities, conservation districts, native associations, and government representatives are invited to the planning process. The Bureau of Indian Affairs and Kenai I~Tational Wildlife Refuge provide federal representation. Other community members participate on the Core Team to provide input and all planning meetings were advertised and open to the public. Once the priorities are established and the plan is complete, the Core'T eam will manage the plan and may, with agency assistance, raise funds or apply for funding to accomplish the identit""led wildfire mitigation actions. Annual reviews, conducted by the Core Team, will provide updates to the plan content, document actions accomplished, and schedule further projects. T..Lcle 9_1 1C®roni r`nrn Tn+sm 0 0. s Mike Tili Kenai Pire De artment; Chief, resident Rand Dal Business owner, resident Victor Hett Red Cross volunteer, CERT, resident James Baisden Kenai Fire De artment, Fire Marshall, residem Scott Walden Advisor, KPB OEM, retired KFD Chief, resident Michael Fastabend Advisor, Kenai Peninsula Borough - SBB, resident Al Peterson Advisor, Alaska DOF, Stewazdshi ,resident Douce Newbould Advisor, Kenai 1~'ational Wildlife Refuge, FMO Sharon Roesch Advisor, Alaska DOP, Fire Prevention CR Mott Advisor, Kenai SWCD 2-1:8 Kenai CWPP 3/2/20QB 3. ~arnmun6ty Background* 3.1 Kenai Location Kenai is located on the western coast of the Kenai Peninsula, fronting Cock Inlet. Tt lies on the western boundary of the Kenai National Wildlife Refuge, nn the Kenai Spur Highway. it is approximately 65 air miles and 155 highway miles southwest of Anchorage via Sterling Highway. It lies at approximately 60.34° north latitude and 15 L 15° west longitude (Sec. O5, TOOSN, R011 W, Seward Meridian). Kenji is located in the Kenai Recording District. The area encompasses 29.9 square miles of Land and 5.6 square miles of water. Winter temperatures range from 4` F to 22° F; summer temperatures average from 46° F to 65` F. Average annual precipitation is 20 inches. Hlstorv Kenai was initially a Dena'ina Athabascan Indian village. In the late 1700s, several hundred Dena`ina lived in the village of Shk'ituk't, at the mouth of Che Kenai near the River as part of the Kahtnuhfana (Kenai People) band of several thousand Dena'ina who lived in the Kenai and Kasilof drainages. In the late 1700s Russian fnr traders came to Cook Inlet and called the people "Kenaitze," or "Kenai people." ht 1791, a fortified Russian Lebedev Company trading post, Fort St. Nicholas, was constructed for fur trading. After battles with the Dena'ina in 1797 the Lebedev Company left Alaska and a small number of Russian American Company officials maintained the post until the sale of Alaska to the United States. In 1849, Egumen Nicholai established the Haly Assumption Russian Orthodox Church, In 2869 the U.S. military established a gost called Fort Kenay, which was abandoned in 1871. A post office was established in 1$99. Starting in the late 1800s, commercial fishing was the primary economic activity of Kenai. The population grew after WWII when veterans, given preferential homestead rights, settled in the area. The first gravel road from Anchorage was comgleted in 195 F , In 1957, oil was discovered at Swanson River, northeast of Kenai-the first major Alaska oil. strike-and that led to several refineries and production facilities north of Kenai. The city was incorporated in 1960. In 1.965, offshore oil discoveries in Cook Inlet fueled a period of rapid population growth. Starting in the 1970s the city's business center began growing away from the bluff ou[ along the Kenai Spur Highway where it remains today. Culture and Demo~ranhics The Kenai River is a major sport fishing location for Anchorage residents and tourists. The river is world-renowned for trophy king and silver salmon. According to the state demographer, 6,809 residents lived in Kenai in 2004. The Kenaitze Indian Tribe, LR.A. (Dena'ina Athabascans), is a federally recognized tribe, live borough-wide and use Ute rich resources of Cook inlet. Alaska Natives represent 12% of the population. The 2000 U.S. Census showed 3,003 total housing units; 381 were vacant, with 58 used only seasonally. Economy The city is the center of the oil and gas industry, providing services and suppties for Cook InIet's oil and natural gas driIiing and exploration. Tesoro Alaska's oil refining operations and Agrium's m~ea plant aze located in North Kenai. Both in-state and out-of-state visitors provide a significant industry on the Peninsula. Other important economic sectors include spare, subsistence and commercial fishing, fish processing, timber and Lumber, agriculture, transportation services, construction and retail trade. Two hundred and thirty-four area residents 3-19 IGenai CiNPP 3/2/2006 hold commercial fishing permits. The largest employers are the borough school district, Peak Oilfield Services, the borough, and Central Peninsula General Hospital. The Challenger Learning Canter of Alaska was completed in spring 2000. Spruce bark beetle-killed timber also is logged in the area. The unemployment rate at [he time of the 2000 U.S. Census was 12%, with 2,869 residents employed, although 42% of a1I adults were not in the work force. The median household income was $45,962, per capita income $20.789, and 10% of residents were living below the poverty level. Facilities Water is supplied by three deep wells and is piped to 75% of households. A fourth well is planned. Sewage is piped and receives secondary treatment. The remaining 25% of households use indididual. water wells and septic systems. Natural gas from Enstar is primarily used Par home heating purposes. Homer Electric Association operates the Bradley Lake Hydroelectric Project and is part owner of the Alaska Electric Generation & Transmission Cooperative. It also purchases electricity from Chugach Electric. A borough refuse transfer station is ]ocated on Redoubt Ave. The borough landfill is located in nearby 5oldotna, at mile 99.4 Sterling Hwy. Transportation Kenai is accessible via the Kenai Spur Road to the Sterling Highway to Anchorage, Fairbanks, Canada, and the lower 48 states. The city-owned Kenai Municipal Airport provides a 7,575-foot. asphalt mnway, a 2,000' gravel strip, a floatptane strip, and helicopter service. A Flight Service Station is available. Floatplane facilities are also available at Island Lake and Arness Lake. There aze five additional privately owned airstrips in the vicinity. The Kenai City Dock and boat ramp are located near the mouth of the Kenai River. There are also a number of private commercial fish processing docks. Moorage is by buoys anchored in the Kenai River. *The Alaska Department of Commerce, Community, and Economic Develapment wabsite >http:Jlu~ww.dcedstate.ak.us/oed!< was used to gather community profile inforntatian, including data on papulation, demographics, and socioeconomic infarnzation for the affected communities. 3-~ o Fox Creek Fire July 16, 2005 Kenai CWPP 3/2(2Q06 4. Community Wildfire Risk Assessments The purpose of the community risk assessment is to locate fire hazards in Che wildland-urban interface (WUI), identify where there are values at risk, and identify and prioritize needed mitigation actions. Frre hazards consist of flammable materials that can carry fire including vegetation and the structures themselves. Values at risk include: infrastructure, homes, and businesses, natural resource and special habitat values, cultural sites, other community vetoes such as parks, trails, unique locations, properly values, etc. that could be affected by wildfire. The Risk Assessment also considers risk of wildfire occurrence, barriers to wildfire spread, and local preparation and firefighter capabilities. Future risk assessments will be attached at the end of the plan. 4.1 The Community Wildfire Protection Plan Boundary The Healthy Forests Restoration Act defines the location of WUI boundaries as those areas within or adjacent to an at-risk community and defaults to ~/z to lth mile from the community boundaries. The Kenai CWPP boundary includes additional areas with fuel hazards that may threaten values in the WUI. Initial Kenai planning meetings located the CWPP boundary at the city limits, as shown on the planning map (see attached CWPP maps}..After confirmation of the boundaries, fuel types and coordinating wildfire hazards, Fire occurrence, landownership, roads, and other strategic information was added to the planning maps. The Spruce Bark Beetle Mitigation Program has developed detailed maps, from satellite imagery, with these overlays. 4.2 Fuel Hazards Fuel hazards are those materials that burn in a wildfire and pose a threat to values in the WUI. The Kenai Peninsula is home to several species of spruce trees, including black spruce, white spruce, Sitka spruce, and the hybrid Lutz spruce. Spruce trees are volatile Puals, even when. green, due to branch configuration and high resin content in the needles. Live black spruce are cons"tdered very flammable because the foliage contains relatively tow moisture levels, the density of foliage is high, and there usually is a thick forest floor of detritus and an understory of .resinous shrubs. in addition to spruce, present-day forests an the Kenai Peninsula comprise paper birch. balsam. poplar, quaking aspen, and green alder. Thane hardwoods are less flammable than the spruce species. The Peninsula features forests dominated by individual tree species as well. as mixed species communities containing several tree types. Ground conditions (soil type, drainage conditions} and the terrain (slope and aspect) heavily influence the resident vegetation. type. 4-~ 1 Kenai GwPP on the Kenai Peninsula. More than 70% of the trees consumed in the Crooked Creek fire were beetle-killed trees. Weather conditions during this fire were not highly unusual but the fzre traveled more than $ miles in one day. The spruce bark beetle outbreak and resulting tree-kill level have created an extreme wildfire hazard throughout the Peninsula. Izt 2002, the tatal amount of dead spruce acreage on the western Kenai,Peninsula was estimated to be 711,000 acres. The federal government srz~2aos owns most of this dead spruce property. The overall western Kenai Peninsula WUI, however, is estimated to contain 20$,000 acres of dead spruce groperty owned by private parties. Extreme- and high-hazard woody fuels are found in many areas of the Kenai community in close proximity to structures and occupy an estimated 6,700 acres. CWPP Map 3 shows Che area's fuel classificatians by ownership. Dead spruce trees have been. removed from many areas within the City o£ Kenai, although Chere is a ravine containing dead stands leading to the airpari from the beach areas. There are also some large stands of dead spruce off Redoubt. and Forest Roads, east of the airport, off Marathon Rd, north of the Kenai Spur Highway, inside Beaver Loop, near mile 5 of the Spur, and in VII' Subdivision. Although fuel removal has reduced fire threat, grass has grown in to many cleared areas. Forest regeneration is highly curtailed in many areas where bluejoint grass flourishes. These wild grasses are readily ignitable in the spring and early summer by lightning and other ignition sources. 4-~.2 Kenai CWPt~ a/z/zoa6 4.3 Kenai Values at Risk Many structures are at risk because of flammable building materials and the Lack of defensible space. Roads may become impassable during a wildland fire due to falling trees, flames, and heavy smoke when emergency evacuations may be necessary. Other values such as recreation, wildlife habitat, fisheries, and water quality are at risk to wildland fire foss and their recovery can take years to decades depending an the severity of ecological damage and subsequent rehabilitation. The facilities, re~eidances, and resources that are interspersed within or are adjacent to high- or extreme-hazard forested areas may be classified at a high or extreme wildfire risk. Most of these facilities and resources are considered part of the overall community area being addressed by this CWPP and have not yet been evaluated individually for wildfire risk. Individual facilities and resources can be evaluated for risk and protective measures can be implemented. Table 4-# Ken ai Values at Risk r• Po ulation 6,942 eo fe Structures 2,246 residential structures. Land status Residential ............ 84.5% Industrial .......... 0.2% borough-wide Accessory Bldg ...... 3.5% Institutional ......... 1.4% Commercial .......... 6.9% TimberlFarm ....... 0.1% Vacant ................ 3.3%o Infrastructure Kenai Spur Highway 12 miles Secondary Rds, 78 miles Anadromous Streams (primarily Kenai River} 26 miles Kenai Municipal Airport Water Supply System Kenai Boat Dock Schools: Sears Elementary, Mt. View Elementary, Kenai Middle, Central High, Aurora Borealis Charter; Kaleidoscope Charter, Kenai. Alternative, Kerai Peninsula Youth Facility.' Emergency Kenai Fire Department, Kenai Health Center, Dena'ina Health Clinic, Facilities Industry Kenai Senior Center, future SO-acre Assisted Living Complex off Redoubt St, Tourist sites Kenai Visitor's Center; Kenai River, Peninsula Oilers Baseball Park Recreational East End 'Trails, Bernie Huss Trail, Eric Hansen Park, Leif Hansen Park, beach trails sites & trails off S. Forest Dr, family park off 4"' St, Beaver Creek Park, future 25-acre soccer com lex. [Natural Wildlife Fish Habitat /Anadromous streams Resources Timber values Aesthetic roe values Cultural Sites There are historic and pre-historic sites that are documented by the State Office of History and Archeology. Prehistoric sites are primarily endangered by fire-fighting activities such as bulldozing or digging fue brakes. Historic structures primarily in the "Old Towd' area are of additional value: Orthodox Church, Orthodox Chapel, and Orthodox Recto. . 4-~ 3 Kenai CWPP 3/2/2006 4.4 Risk of Wildfire ®ccurrence 4.4.1 Hisfory of Fire in Alaska Fire is an integral part of the ecology of the spruce forests in Alaska and is the primary agent of change in the boreal forest (a broad band of sub-arctic, mixed forest dominated by spruce, aspen, and birch with areas of muskeg, stretching across northern North America, Europe, and Asia). Fires, along with floods, are responsible for optimal spruce and birch regeneration in south-central Alaska. Both the black and white spruoe depend on severe ground fire to clear organic layers and expose fertile seedbed. Black spruce is at least partially dependent upon stand-replacement fires because the seeds are released when its cones are opened by a canopy fire. Without fire, organic matter accumulates and ecosystem productivity declines; vegetation communities become much. less diverse and wildtife habitat decreases. Fire rejuvenates these natural systems and processes. It removes insutating organic matter and elicits a warming of the soil, enhancing productivity. Nutrients are added bath as a result of combustion and by increased decomposition rates caused by Fire. Outbreaks of tree-killing insects are naturally characteristic of boreal forests like those on the Kenai Peninsula and also promote many important ecological processes. AIthough vulnerable tree species and age classes must be present for insect outbreaks to occur, climatic events are often the trigger of the insect population increases and subsequent widespread tree mortality. Kenai Peninsula studies indicate thaC the spruce bark beetle outbreaks are climate-driven. For example, an outbreak occurred in the early 1970s following the extremely warm and dry period of 1468-1969. Conversely, spruce mortality dropped to near zero by 1975 following three cool summers (1973-1975). The current infestation, noted by a substantial increase in spruce mortality beginning in 1990, was preceded by the sustained onset of warm summers beginning in 1987. The Kenai Peninsula's decline in infested spruce trees that was noted beginning in 1996 is attributed to most of the available mature spruce forest having already been consumed. Studies have indicated that the beetle infestation and resulting tree kill in the I990s was the largest to hit the area in at least 250 years. Conditions such as the growing season temperature, precipitation. levels, lightning strike frequency, elevation, aspect. forest species type, and forest canopy level interact is a complex fashion to influence fire frequency. Fire research conducted in the boreal forests of Alaska, including the Kenai Peninsula, has indicated that prior to the European settlement of Alaska, the fire regime was characterized by small fires {approximately 50,000 acres or less) and rare Larger fires. After European settlement, the Kenai Peninsula experienced an increase in the occurrence and size of fires associated with the increased presence of people. The increase in fires may also be species-related, as the historic forest ecology of Che Kenai Peninsula indicates that a transition occurred from abirch/white spruce community (lower flammability species) to the present-day boreal forest featuring black spruce (higher flammability species). Studies of the pattern of large, historic fires in boreal forest regions of Alaska indicated that wildfire occurrence tended to be episodic, with most fires occurring during a limited number of high fire years. Over the past 50 years, the high fire yeazs occurred approximately once every four years. High fire years tended to consist of larger fire events that occurred later in the growing season. ~-~ 4 Kenai CWPP 3/2/2006 4.4.2 Fire Season /Weather Patterns The fire season on the Kenai Peninsula typically lasts from April. to September with the greatest fire activity occurring between May and July, when high-pressure weather systems bring higher temperatures and lower humidity conditions. Numerous studies and ecological changes noted around the world support the fact that the earth's e-Iimate is warning, especially in recent decades. This global warming trend is having impacts, both subCla and substantial, on the ecology of the Kenai Peninsula as well as in Alaska in general Some of the more visible changes on the Kenai Peninsula attributable to this warming trend include retreating glaciers (such as Tustumena and Skilak), the shrinking Harding Ieefield, and dropping levels of closed- basin takes and ponds (examples include Picnic, Browse, Campsite, Dogteam, and Upper Jean Lakes). The fire potential on the Kenai Peninsula also appears to have been influenced by the global warming trend. It is believed that warm, dry trend in Alaska influenced the 1990s spruce bark beetle outbreak. And actual climate and fire data confirm that fire season length and fire severity have increased with the recent ambient temperature increases. Another outcome of the warmer climate trend is the arrival of earlier than normal "snow-free" dates. This translates eo an earlier than normal fue season start as well as a longer than normal snow-free to green-up period, which exposes vegetation to drying conditions for longer periods of time. Additionally, the changing weather patterns provide a climate where more frequent lightning strikes may occur in areas with increased dry grass accumulation. Dead spruce f€rrests contain much less fuel moisture than forests of Iive, green trees. As dying crowns allow additional sunlight to reach the forest floor, surface fuels dry and often grass invades the unilerstory. These dry fuels combined with a more lightning prone climate, has widened the `window of ignitahi&ty' of vegetation on the Kenai Peninsula. Additionally, the light, flashy fuels allow springtime fires to spread rapidly, ignftsng tinder-dry beetle-lulled spruce trees in their 4.4.3 Fire Causes on flee tLenai Alaska Division of Forestry records on wildfire occurrence on the Kenai Peninsula indicate that between 19$2 and 2005 a total of 1,497 fires were recorded; an average of 62 fire starts each year. Of these, SD fires were reported to have been lightning starts and the remaining 1,427 fires were of human origin. On the Kenai Peninsula, fires started by lightning are rare, but the occurrence of thunderstorms and accompanying Lightning, and thus lightning-strike fires, has increased over the past few years. In 2005, I}OF responded to 56 wildfires that included 221ightning-cause fires, or 39%, which is much greater than the historical average of 3%o lightning-caused fires per year. Once a fire has burned the forest, generally less intense fires can be expected within the burned area for 5- IO years afterwards, although, as previously noted, wild grass reclaims the area soon after a fire and will be prevalent until a mature, c{osed canopy forest returns many years later. Larger fires that have occused on the western half of the Kenal Peninsula over the past century include the 194"~ SkiIak Lake Fire (310,000 acres), the 1969 Swanson River Fire (79,000 acres), the 1991 Pothole Lake Fire (7,900 acres}, the 1996 Croaked Creek Firc (17,500 acres), the 1996 Hidden Creek Fire (5,200 acres), the 2004 Glacier Creek Fire ($,600 acres), and three large fires in 2005: Tracy Ave (5,400 acres), King County Creek (IQ,131), and Fax Creek (26,300). Tracy Avenue Pirewas caused by a downed powerline, and lightning started King County and Fox Creek Fires. filsewhere in Alaska, the 1996 Miller's Reach Fire near Big Lake burned 37,336 acres. It is believed thatthe Miller's Reach 435 Kena; ctNPP s~2/zaos fire started from children playing with freworks. A combination of dry conditions and brisk winds quickly fanned the flames into a ma}or fire that spread to residential areas and consumed more than 400 structures. The fire was under control 13 days after it started at an estimated cost of $15 million. There was no loss of human life. Statewide in 2004, Alaska suffered its worst fire season on record. A total of 706 fires burned 6,124,146 acres, all mostly within. interior Alaska. Of the 706 fires, 62% were human-caused and 38% were lightning caused. During the summer. of 2004, mane parts of Alaska experienced the warmest temperatures on record. and rainfall was well below normal between Tune and August. Division of Forest , I£enai-Kodiak Area Cause Statistics .s ~ ea ~ °e Cam fires tlB 333 22% Debris Buens* 289 19% Pia in with Matches 157 10°~ ~ Trash/Re#use Burnin * 84 6% Land clearin 58 4% Smokin 63 4°/° Fireworks 60 4% Powerline 60 4% Meadow or Field Burns` 44 3% Li htnin 50 3°!° Incendiar /Arson 29 2% Miscellaneous ~s ark, vehicle, structure, etc.} 192 ; 13% ~11nknOWn 78 5°~ Prescribed Fire ~ 1 0°/° TOTAL F[RES 1497 1Q0°~ *Total Fires Esca ed from rivate nu~nin . 4?5 32% B yarana F,rrgc ner Year. 6" DCIF records for the Kenai City area from 1990 to 2QQ5 shoc~~ 64 human tensed wildfcres and no -ightning fires. Although public awareness of fire safety and prevention is growing and mitigation on both public and. private lands is taking place, the wildfire risk is still considered to be very high because of the prolific (though gradually diminishing) presence of beetle-killed trees, the increasing population of the Kenai Peninsula, and the continued high tourist and recreational use of the Peninsula. 4.4.4 Na#ural ar Manmade Barriers Roads, highways, and powerlines with right-of-way (R4W) clearance, lakes, rivers, and areas with a tow hazard ratings such as bogs, manicured lawns, FireWise communities, ar agriculture lands will slow the forward spread of a wildfire and may be used as anchor points for firefine establishment or as control tines for burnout operations. The Kenai area includes the airport, a golf course, cleared industrial, commercial, and private properties, and the Kenai River. Much fuel reduction has occurred on private, city and other public lands within the city. 4~6 Ket,al cwpP sr~/2ao6 ~. Lcac~i Preparatiaan and Firefighting Capability Fire management planning, preparedness, fire suppression operations, prescribed fire, and related activities will be coordinated on an interagency basis with the full invaly meat of state, federal and local. government cooperators. The Alaska Division of Forestry (DOF} has a contractual agreement with the Bureau of Land Management ($LM) Alaska Fire Service, under which the federal government provides wildland fire protection on state and private lands in the northern half of Alaska in exchange for the state protecting federal jurisdiction and Native lands in the southern half of Alaska. By Alaska Statute, the DOF has fire protection responsibility far state, private, and municipal lands and BLM, USFWS, and the USFS have legal responsibility for fires on federal lands. However, under the `closest forces' principle, utilizing cooperative agreements, the frre management agencies fight fires within their protection areas on ail land ownerships. This tactic reduces response time and duplication of facilities and services, thereby increasing safety, efficiency, and cost effectiveness. Although base funding for Alaska's tactical suppression resources including air retardant tankers, lead planes, helicopters, and smokejumpers is paid by the hiring agency, fire management agencies share the use of these resources during fire season. The DOF also has cooperative agreements with nurrierous local government and volunteer fire departments. Fire protection, as well as emergency medical services (EMS}, is also provided by the borough in geographic fire service areas, by city fire departments, and by volunteer fire departments in areas outside of borough fire service areas. L<rcal fire service areas have established mutual aide agreements, whereby a neighboring service area may dispatch resources to assist during an emergency. The City of Kenai Fire Department and the Alaska Division of Forestry provide fire protection to Kenai area residents. Kenai Fire Department is made up of approximately 15 firefighters that are state-certified at the Firefighter I and II levels and is accredited by the State of Alaska to instruct at the Firefighter I and II levels. 'Because of its high professional standarfLS, an International Organization for Standardization (ISO) fire protection Class-3 rating is provided in areas served by hydrants. The Kenai. Fire Department's vehicles include: 3 - Class A structural fire engines, 2 -fully equipped ALS ambulances, 1 - 95-foot aerial platform, 1 -staff. vehicle, 2 -aircraft rescue fire-fighting vehicles, t - Chiefls command vehic}e. 1 -squad truck, The DOF bases its Kenai Peninsula operations at the Kenai-Kodiak Area Office (KKAO) located in Saldotna with a seasonal field office in Homer that houses 2 wildland engines and 4 firefighters. KKAO employs six year-round personnel including the Fire Management Officer, a qualified wildfire Fire Behavior Anatyst, and a stewardship forester. During fire season KKAO employs an additional 22 seasonal positions for wildland firefighting including: 10 -Engine Crewmen for 4 wildland engines, 3 -Logistics /Dispatch positions 2 - HeHtack Crewmen for `light' helicopter, 2 -Prevention (Enforcement. positions 2 -Suppression & Support Foremen t -Maintenance Foreman 2 -Retardant base workers A successful fire-suppression effort is determined by an effective initial attack on a wildfire. A trained, experienced, and well-equipped workforce is essential to Iocate and initial attack s~7 Kenai CWPP 3!2/2006 wildland fines while they are small. DOF and KFD strive to train additional personnel to respond during emergencies. Emergency firefighters (EFF} are hired on by DOF, as needed, to augment the normal workforce in alt areas of the firefighting job. DOF endeavors to train enough EFF to maintain a 16-person handcrew that is available to be called up with short notice to respond to wildland fires. Additional EFF are hired to function as engine or heiitack crewmen, warehouse workers, aviation ramp arorkers< etc, during a wildland incident. None of the EFF are guaranteed regular employment. DOF typically has two air tankers on contract for the fire season. Large air retardant tanker support is normally based at the Palmer Airport, but DOF also has a fully functional retardant base at the Kenai Airport, known as the Kenai Retardant Base. BLM in Fairbanks also contracts for aerial. delivery aircraft that are available for dispatch to the Kenai, depending on the statewide fire activity level. If available on-call, water-scooping air tankers can be operated out of the larger lakes do the Kenai Peninsula as well as the Coak Inlet, under favorable conditions. There are three air-charter businesses on the Kenai Peninsula that may have additional helicopters available on short notice for helitaek operations and water bucket drops. Depending on statewide fire activity levels, any of the statewide tactical resources may be pre-positioned at the Kenai Retardant Base during periods of high fire danger on the Kenai Peninsula. The KPB Office of Emergency Management (OEM} implernents evacuation and comrrrunication plans for the community. The OEM determines the parameters for Community Alert Network (CAN), which telephones residents within a defined area to notify them of evacuation procedures. The CAN is designed to deliver a recorded. message to phone numbers within a specified target area. The automated system also can dial emergency responders and assign them to functions based on their answers to questions delivered by an interactive voice response unit (e.g., minutes until their arrival at the scene}. OE'M activates this system. As any given fire scenario would be unique, depending on the specific conditions for the time, the OEM haws not identified specific emergency routes, The OEM has identified potential emergency shelters: 5-~ $ Keno's CVt/PP S/2/2046 6. Community Pri®rities Suggestions and comments regarding community priorities and how to reduce the wildfire risk to communities were obtained from participants during the public. process. The concerns and suggestions from the public and Core Team members have been formulated into the Action Ptan in Section 7. A table of the original. suggestions is attached in Appendix A, Table A-2. It is recognized that private property owners must take some responsitrility for fire safety improvements on [heir lands. Therefore, a principal concern to protect lives and property ih the wildland-urban interface is individual homeowner preparedness. 6.1 Individual Horneowrner Preparedness Understanding Structure I,nitions - The main principle to understand about structure ignitability is that the structure is a source of fuel and may burn just as readily as dead spruce trees and the wild grasses. Structure loss to wildland fire can occur by conduction, convection, radiant heat, or firebrand. Conduction is the flame of the fire coming in direct contact with the structure. Convection ignites fuel sources above the flaming front, and radiant heatignitions occur when the structure becomes hot enoagh to combust withouC direct flame contact. Firebrands are embers or burning pieces of Limbs, leaves, or twigs that a blown onto a structure. Firebrands may lodge in crevices of roofs, eaves, or side paneling and smolder for several hours before causing combustion. Firebrands ride on air currents resulting from the fire and may be carried over several hundred feet to a mile from the fire front. Fire spread occurs by a propagating process, not as a moving mass such as floodwater. For fire to spread, materials such as a tree or shrub in the flame front mast meet the conditions of io itability. The conditions are the presence of oxygen, flammable fuel, and heat. Oxygen in a wildland fire situation is ever-present. and readily available during windy conditions. Heat is supplied by the flame front. Potential fuel in the path of the Game that meets the condition of combustion will. ignite. If fuel does not meet the condition of combustion, it will not ignite. This explains why some trees, patches of vegetation, or structures may survive a wildland fire and others in the near vicinity are completely burned. 619 Kenai CW{~P sr2rzaos Recent studies have shown that structure ignitability is the principal cause of structure loss during a wildland fire, not ignition from wtldland fuels. Criticat factors that increase the chances of structure loss are flammable roofing materials (e.g., cedar shingles), and flammable materials (e.g„ ornamental trees, shrubs, and debrislwoad piles, fuel tanks, and residential barbeques) near the structure. A wildland fire does not burn a structure unless it meats fuel and heat requirements sufficient for ignition and continued combustion. With. this understanding of fire behavior, the tlammability of the structure and its immediate surrounding can be managed to reduce the chances of ignition and loss during a fire incident. The primary and ultimate responsibility for structure protection during wildland fire lies with the structure owner. The fallowing are actions that owners can take to greatky reduce the chances of fire burning their structures: / IIse non-combustible construction materials to floe extent possible, most importantky, non-combustible roofing material. / Screen or enclose openings into structures and under porches and decks. / Develop a defensible space around the structure that is a least 50 feet wide, use fire- resistant pleat material for landscaping / Remove flammable materials from on and around the structure. If the structure is built on a slope, the defensible space must be greater on the down slope side of the house corresponding to the steepness of the slope. / Thin spruce trees and remove lower limbs within 100 feet of structures. / Install firebreaks, such as pathways, lawns, and gardens to break up the continuity of fuels within the 100-foot zone. / Improve driveway far access and egress far personak vehicles and fire trucks. Reference materials for FireWise education include the Alaska FireWise Community Acton Program and the National FireWise Program, www.firewise.ors. 6~0 Kenai CWPP 8/212006 7. Actian F~Ean and A~s~~sment ~#rategi~s Given the right conditions of hat, dry weather, flammable fuel, and an ignition source, wildfire could readily occur and spread rapidly in the wildland-urban interface (WUI). Breather conditions sufficient for wildfire are variable and ever changing. However, citizens have some control over the amount of fuel that accumulates in [he WUI and improvements to defensible space around values at risk. Continued hazard fuel reduction and fuels management can be used in communities in Kenai to reduce the amount of woody debris surrounding values at risk. Any plan for reduction of hazazdous wildland fuels must address the need to maintain the fire-resistant status of the area. As trees are removed, lands should be treated to encourage regeneration of a healthy forest and to discourage btuejoint grass as the predominant vegetation type; Scarification after harvest may provide a seedbed for natural tree regeneration or tree planting can be utilized. Mowing is also an effective treatment of btuejoint grass. This may require stump removal or stump grinding to prepare the site. Prescribed fire may be used in the form of burn piles during fall and winter months to dispose of woody debris. Livestock grazing may prove successful to reduce grass accumulation. private property owners are key to the survival of homes and businesses within the wildland-urban interface. Community graups and government agencies have no authority over private lands that are at risk from wildfire. Individual vedldfire risk reduction is.necessary not only to improve the safety of each and every home in the WUI, but also to provide barriers to the spread of the fire. Several communities within Kenai have been constructed using FireWise techniques. Inlet Broods Subdivision, for exempla, created an environment that would not only provide for safety of residents, but also a fn-e-resistant zone that can be utilized by Ere managers in the event of a wilditra. In addition to fuels management, human-caused ignitions can be reduced through public education and outreach efforts. Per Alaska Division of Forestry (DOF) records, there are approximately 4 fires per year in a WUI with areas at axtxeme or high risk from wildfire. In addition, the Kenai Fire Department responds to several wildland fires each year that do not require DOF assistance. Human-caused fires may be reduced by increasing public awareness through media campaigns prior to and throughout fire season, education of childrenrn the school, and by enforcing frre laws and continuing with burning permits and open burning suspensions. The actions recommended for addressing community needs and achieving hazard reduction for the Kenai community are noted below (see Table 7-1). The Core Team members, a}ang with any key community participants, will identify roles and responsibilities, funding needs and opportunities, and timetables for implemaneing or achieving these recommended actons,-community assessments, and annual updates. ~_~ 1 Kenai CWPP 7.~ Kenai CWPP Action Plan Table 7-Z Kenai CWPP Act€on Plan Increased Response Capability s~zizoas Equipment Repiacetankerfor wtldland response. Seek funding Equipment Acquire wildland engine w(CAFS unit. Seek funding Water Supply Increase water supply to air retardant Joint effort to install a well. base Roads Improve roads in limited access azeas. Expand number of firefighting water storage or drafting sites. Provide dry fire Water Supply hydrants in strategic locations near surface fresh water supplies or install i tank for summer use. Recruit and train more personnel by Personnel provrding part time or temporary employment or stipends or other incentives. Facility Substation in Beaver Creek area Training NLMS training. Petition DOT for installation sire Response Difficult access for Dice apparatus onto of flashing rohrs to halt busy roads =.n the summer. , r~ffir fnr ~n oinec t. »..... ....~ ....d....... 1? uel Reductions 1. KPB tax break for FireWise apptieation. Encourage landowner participation in Incentives FireWise techniques and fuel reduction. ~ 2. Encourage insurance i ! reduction. Slash disposal Establish new slash disposal site City of Kenai. i ~ Work with SBB office or Slash disposal Incinerate accumulated stash ~ check with. KPB on schedule for incinerator. Areas of The Kenai River delta area: treed galleys Request grant funding for Concern and hilly terrain, fuel reduction. Clean ROW along road. corridor, especially at north end of city along Spur j KPB ROW project, Concern ~ Rd. I i i ~_?22 Kenai CWPP Table 7-1 Kenai CWPP Rction Ptan siz;2aos •. .. p• 0 p' p 0 e 6B 8 Use "$ig Tonkas far a Day" Areas of ' The old, hisroric part of town (1797 ~ to address a s e.,ific ro ect. p n p J Concern district), including rave ard, is a high- ° g y ( ( ~ Rotary may provide risk area. i matching funds. Areas of Areas behind Sears Elementary and Mtn. ~ Request grant funding for Concern View Elementary fuel. reduction. High-hazard trees behind high school, Areas of between the Vocational School and Work with the City on future Concern homes. It consists of borough and city plarming for trails, etc. Land and is adjacent to Auk subdivision. Areas of West to drainage from Senior Center Request grant funding for fuel reduction Concern i . ~ Areas of Request grant funding for Concern Beaver Creek drainage. fuel reduction. Areas of State land north of residential azea north ' Assess fuel break needs and Concern of Spur Highway fuel Cypes. 1. Stewardship program and Funding programs for hazard mitigation other Local service I for property owners needs to be organizations. Salvation i expanded, especially to aid senior Army has list of needy Aid to citizens. persons. Landowners Funding distribution from cost-share g. Solicit corporate programs after landownershave sponsorship of FiretxJise expended monies needs to be faster. i ro'ect. Request funding for ~ Areas of Reforestation program to reduce grass seedlings to reforest, Concern growth. Provide information on how to discourage grass growth. Services and Nurseries have information and clearly Cooperative Extension. Supplies mmkfir~-resistant vegetation. Services and How to choose and work with a (Information available from Supplies contractor. Provide information to the I S$B & Stewardship. abut. Prepare a list of local sources for I moderately or reasonably priced services Information available from. Services and for things tike tree cutting, ground i i Coop. Ext, SBB, & Forest Supplies cleazing, and FireWise plants and j Stewardship. landscaping. Pursne adoption of FireWise regulations: i ~ Contact State Fire Marshal's Fire Code Office or City. Int'I urban-Wildland Interface Fire Code ~_~3 Kenai CWPP Table 7-1 Kenai CWPP ,Ration Plan 3/2l20p6 ® • m r e e ee a e-n + e •e e ~iflllt:a~l®R Utilize media advertisements and posting 1. Sign FireW ise projects. of FireWise projects to increase awareness of wildfire risk and 2. Direct ?Mail campaign prevention. with cover letter to specific Public awareness areas at high risk. of FireWise, Fire Help public understand benefits and Safety & methods of fuel reduction. 3. FireWise info in mail outs Prevention from HER, etc. Adopt door-to-door canvassing as a means of information dispersal to further 4. Demonstrations at Home the cam ai n. De ot. 1. Develop a eheckfist of techniques. i Educate land developers,Iandseapers, on FireWise etc KP&A lt I ~ ~ ~ Highlight benefits such as 2 c awareness Publ . , rea ors, . i techniques and encourage participation. ~ beautification & property , values, as well as fire safeey. Provide means to document FireWise Develop standard data form Data Collection assessment site data when agencies are at to ba input to a central data the property. .collection location/program. 1. Project Learning Tree Develop a program for educating school Fire Safety children. 2. "Spencer and the I Wildfire" children's book. Fire Safety & Provide wildfire risk and prevention Utilize Fire Corps or ether Prevention measures at the Kenai Visirors Center. local organizations. Contact absentee Landowners and inform Direct Mail campaign - FireWise fltem of wildfire hazzrds and mitigations. possibly with the City. Advertise benefits of fuel FireWise Hold acommunity-wide effort to reduce reduction and notify of hazardous fuels, public assistance availability. 1. Possibly Inlet Woods, BLM parcel at Helmsman. Agencies should prepare a demonstration PireWise parcel for the pabtic to view proper fuel 2. Organize a "FireWise reduction practices. Home of the Week" program to highlight benefits. Utilize Local. Fire Corps or Utilize community events, such as the .local service organisations. FireWise Kenai River Festival to distribute easy- WRCC has Directory of to-read FireWise information. Resources. 7.424 Kenai GWPP Table 7-i Kenai GWPP Action Ptan s~zi~aos ® ®a e a a e a a a' a ~ s e e o Public Safety Educational campaign on emergency preparedness: 1. PubCish emergency cali- Evacuatians & improve public noYifacaeion of line for recorded i Community ng to information or rout NotiEcation emergency situations. ~ re resentative agency. p ~. Community Alert Network (CAN) & radio station covera e. Evacuations & Communit y Educate residents on evacuation distrtet ~ City of Kenai contacte. procedures. Notification Evacuations ~°.> Smoke on Che Spur Highway coulfl Inclade safe driving tips in Community obstruot an evacuation. emerge~ney information. Notification 7_~ rJ Kenai CVVt~PP 3/2/2006 $. t~erriew and support of the Kenai CPP The following community representatives (agencies have reviewed this Community Wildfire Protection Plan and support the efforts of this community to reduce wildfire threats, increase wildfire preparedness, and further wildfire education. 5 /Mike Tilly 5(1610fi Mike Tilly, Fire Chief Kenai Fire Department 1 S /Scott Walden 5/10%6 Scott Walden, Director Office of Emergency Management, Kenai Peninsula Borough / S /Jim Petersan 5t4lOfi Jim Peeorsan, Area Forester Division of Forestry Alaska Department of Natural Resources ~_~6 Kenai CWPP Appendix ~, -Public Outreach and Meeting Hates 3/2/2006 Contractor Ecology and Environment (E&E) worked from February to July 2005 to compose a draft plan. E&E held a series of three meetings.in the Kenai community to introduce residents and interested patties eo the goal of the CWPP planning process, roles of agencies, the fire hazards, and potemial mitigation options. E&E collected information on perceived wildfire risk via a survey available at the meetings and on their website. The survey data and other input received at the public meetings and interviews is listed in Appendix A, Table A-2 and was integrated into the draft CWPP, chapter 7. As part of the public outreach effort, EB:E participated in two radio interviews with national public radio station KBBI/KDLL in May and June of 2005 and. one interview with KSRM radio 92 in May 2005. The Spruce Bark Beetle Mitigation Office (SBB) continued the CWPP planning process in November 2005 with public meeting announcements foc the eight plans underway on Che Kenai Peninsula. Public service announcements were broadcast on local. radio shows, SBB participated in local health fairs and emergency preparedness forums, and additional hour-long call-in shows were aired: one in December and one in January. In January and February 2006, the SBB continued with combined Kenaz Cora Team and public meetings to complete the Community Risk Assessment, identify mitigation needs, prioritize mitigation actions in the action plan, and finalize the CWPP. A full review of the public outreach is provided below in Table A-i. T~htn A._t 1Afilrtfirc Pl~nninn Rnmmsmity Oaltl'P.ACl'1 ®. ~~ A ! i ~" _ a Anchorage Daily News, Peninsula Clarion, RNBA, APRN, 3/24/05 Press release for CWPP ~ Homer News, Homer Tribune, Homer and Soldotna meetings Chamber of Commerce, Associated Press Listing for Community 3/24/05 Calendar, Around the Anchorage Daily News, Peninsula Clarion, Peninsula Online i Peninsula ~ Copies mailed to i,ocal libraries, past offzces, stores, senior 3124!05 Meeting Schedule Flyer centers, and community centers and osted on website Anchorage Daily News, Peninsula Clarion, KNBA, APRN, 4118/fl5 Press release for CWPP Homer News, Homer Tribune, Homer and Soldatna meetings Chamber of Commerce, Associated Press Public service Radio stations; KSKA, APRN, KBBI, KSRM, KTUU, 4120!05 announcements far KDLL, KBYR, KXBA CWPP meetin s Listing for Community 4/18(05 Calendar, Around the I Anahorage Daily News, Peninsula Clarion, Peninsula Online Peninsula Mailed far posting in community locations to: Andrea Parker, David Lashley, Fred Meyer Store, Jennifer Trudeau, Meeting Schedules for Fritz Creek Store, Happy Valley Store, Mary Griswold, Julie i 4/~0 both May 2-6 and May Welch, Annette Marie Sutton, Nikolaevsk School, 21/05 23-26 meetings Voznesenka School, USDA Natural Resources Conservation ' Service, Nikiski Fire Department, Anchor PainC Pire De artment; meetin schedule also osted on website t~17 6Cettai CWPP T..hlm ft_9 tAtileliirn Rhnninn f:nmmliRity Olift'eaCh 3/2/2006 ~ uu.c ea ®, • m s a - '`Hike Mason of KBBI radio interview with D. Bevington of 5(6/05 KBBI Homer Radio Ecola y and Environment, Inc. (E & E}. ``~ Kinnaird of E & E and B. Craig of Anchor Point VFD 5/glQa Sound-Off Radio Talk ' appeared with KSRM's Patrick Hawkins for hour-long call- Show in show. Anchorage-Daily News, Peninsula Clarion, PC Online, Local Press release and PSA Beat KNBA, APRN, Homer News, Homer Tribune, 5/17/05 for CWPP meetings Soldotna Chamber of Commerce, Association Press, KSKA, APRN, KBBI, KSRM, KTUU, Ki7LL, KBYR, KXBA Listing for Community 5! 13105 Calendar, Around the Anchorage Daily News, Peninsula Clarion, Peninsula Online Peninsula KBBI Coffee Table D. Bevington of E & E with S. Roesch of Department of 6/].5/05 Radix Show Forestry on call-in show with M. Mason, KBBI. Press Release: Draft Anchorage Daily News, Peninsula Clarion, PC Online, Local Kenai Peninsula Borough Beat KNBA, APRN, Homer News, Homer Tribune, 7!1!05 Community Wildfire Soldotna Chamber of Commerce, Association Press, KSKA, Protection Plans now p~pRN, KBBI, KSRM, KTUU, KDLL, KBYR, KXBA available for comment. 11/12/05 Info booth Homer Health Fair 11!15(05 Info booth Emergency Preparedness by industry & agencies in N. Kenai 1 t/29/05 PSA -KBBI, Clarion Announcement of CWPP efforts. KSRM listeners on the western Kenai Peninsula. SBB 12/6/05 Sound Off Radio Call-in. Roberta Wilfong, director; Michael Fastabend, coordinator, ~ Sharon Roesch, CWPP facilitator w! host Pat Hawkins. i/S/06 PSA - radic, news, web (Announcement of CWPP efforts. 1/13/06 PSA -radio, news, web ~ Announcement of CWPP efforts. 1(2010b PSA -radio, news, web ~ Announcement of CWPP efforts. KBBI & KDLL listeners on the western Kenai Peninsula. 1/25/06 Coffee Table, Radio SBB: R. Wilfong, director; M. Fastabend, coordinator, S. Call-in. Roesch, CWPP facilitator wlhost Mike Mason. 1(26!06 CWPP Mtg Kenai Core Team and public meeting. 2/2/06 PSA -radio, news, web Announcement of CWPP efforts. 2121/06 PSA -radio, news, web Announcement of CWPP efforts. 2/23106 ~ CWPP Mtg Kenai Core Team and public meeting. A~8 Kenai cwpP sr2r2oos NOTE: The following comments were developed From E&E community meetings and project surveys. ESE prioritized the topics in this table matrix then summarized the items in the action plan, Section 7. Items were further delineated and prioritized at subsequent S&B lead Core Team and public meetings. Table A-2 Public Comments & Suggestions from E&E Meetings. .. FueE Reduction The fire department should identify house locations where the worst fire Integrated into GWPP Section 7, don er exists, and rbrlYlze mitt anon efforts there. The brush dump is a very big help -convenient, safe, and removes the Integrated into CWPP Section 7, fire hazard from otentiall unsafe rivate art burns. Place fire breaks at strate is locations )rate rated into CWPP Section 7. Old, historic art of town 1791 district is a hi h risk area )rate rated into CWPP Section 7. Nurseries. should clear) make fire-retardant ve etation Irate rated into CWPP Section 7. Kenai River delta area in treed gulleys or where it is hilly, could be a fire Integrated into CWPP Section 7. hazard and cause a fire to s read Echo Lake Road should have strate is#ire breaks Irate rated into CWPP Section 7. Beaver Creek draina a is a fire hazard area Irate rated into CWPP Section 7. Areas needing fuel reduction: Johnson Lake Road (feeder road to many integrated into CWPP Section 7. other roads , Cohos Loo ,and north of Clamshell Lake ADNR land alon corridor needs cfearin Irate rated iota CWPP Section 7. A large stand of high-hazard trees is behind the high school, between the Integrated into CWPP Section 7, Vocational School and homes. Consists of Borough and City land. !s ad'acent to ex ensive subdivision. A "triage" system should be adopted by the fire department to prompt Integrated into CWPP Section 7. homeowners to take ode uate revention action Ca acit U ated m s of service area needed b emer enc services tote rated into CWPP Section 7. Need more T e 2 fire crews in the area Irate rated into CWPP Section 7. Maintain nick fire attack ca abilit Irate rated into CWPP Section 7. Funding programs far hazard mitigation to property owners needs to be Integrated into CWPP Section 7. expanded, especially to aid senior citizens, and funding distribution after landowners have expended monies needs to be faster -- Firefi htin water sources should be inventoried and ma ed Irate rated into GWPP Section 7. Fire drills (such as the one conducted at the Kenai Airport in the hayfield) integrated into CWPP Section 7. are ve ood for trainin and fire behavior observation Eligibility (for SBBMO ar DOF mitigation funding?} was based on a short Integrated into CWPP Section 7. distance of 50 feet from corridors- too restrictive Develop plans to handVe dog teams and other pets in the event of an integrated into GWPP Section 7. evacuation -need transportation, shelter sites, record keeping for accountabilit Determine whether mock drills, such as a 2001 DOF fire emergency drill, Integrated. into CWPP Section 7. are of value EduCatlOn Wildfire prevention steps need to be made to the Kenai's visitors, and not Integrated into CWPP Section 7. ust residents Use local newspapers and Kenai Fire Crew to distribute wildfire prevention Integrated into CWPP Section 7. and rocedures information Public or community events like the Tustumena 200 or Kenai River Integrated into CWPP Section 7. Festival are ood o ortunities to et Firewise information out Public education on fire prevention and emergency procedures, especially Integrated into CWPP Section 7. for schoolchildren, should be a riorit Prevention is more im ortant than res pose and mitt anon Irate rated into CWPP Section 7. Post fire safet and don er si ns at cam rounds Irate rated into CWPP Section T. Need to address absentee property owners who need to reduce Irate rated into CWPP Section 7. A~9 Kenai CIRIPP Table A-2 Public Comments & Supgestians from E&E Meetings. 3/2/2006 s •a hazardous fuels on their ro ert but aren't around to do it or know about h In areas of high risk where subdivisions are being platted -put wildfire Integrated into CWPP Section 7. warnln son the final lat. Hold a community effort to reduce hazardous fuels, especially for those integrated into CWPP Section 7. ro ert owners who cannot afford it. Develop easy-to-read Firewise or related prevention handouts and pastor Integrated into CWPP Section 7. distribute for ubllc viewin Agencies should prepare a demonstration parcel for the public to view Integrated into CWPP Section 7. ro er fuel reduction ractices. Ado t door-to-doorcanvassin as a means of information dis ersal Inte rated into CWPP Section 7. I ninon Source Institute burn bans when necessar Inte rated into CWPP Section 7. Public Safet The Sterling Highway should have pul(-outs everyt-1.5 miles that can Integrated into CWPP Section 7. accommodate large motor homes to help assure that congestion is not a rpblem in an emer enc event Restricted access is necessa at the ravel it off Cohoe tote rated into CWPP Section 7. Plan far and identify safe areas, where residents can evacuate to or stop Integrated into CWPP Section 7. at while on 4he road. Install signage for these areas. The Cannery down the Kasilof River is a ossibie safe area. Much of the community lacks adequate address markings -problem for Integrated into CWPP Section 7. emer enc vehicles Map books should be prepared that show the location of shelters, road Integrated into CWPP Section 7. turn-outs. water sources Many roads are substandard or not maintained, making for poor Integrated into CWPP Sectien 1. in ressle ress. Ingressiegress bottleneck exists south of Spruce Street and ADNR integrated into CWPP Section 7. ro ert Enforce strict nalties for o en burns tote rated into CWPP Section 7. Dedicated roads into subdivisions need to meet specific criteria for turn- Integrated into CWPP Section 7. areunds and alternate access. , f:rnnkad Creek brldna nrQecinn naadc rP.nair Inteorated into CWPP Section 7. Cohoe cluster ai Johanson aproblem -fire trucks can't access it. St. Integrated into GWPP Section 7. Elias? A~0 Ksnai CWPP 312/2006 App~ndrx B - i_ist of Abbreviations and Acronyms ADCED Alaska Department of Community and Economic Development ADFG Alaska Department of Fish and Game BLM Bureau of Land Management CAN Community Alert Network CERT Community Emergency Response Team CWPP Community Wildfire Protection Ptan DNR Alaska Department of Natural Resources DOF Alaska Division of Forestry E & E Ecology and Environment, Inc. EMS Emergency Managemenk System GIS Geographic information system HFRA Healthy Forests Resroration Act HVFD Homer Volunteer Fire Department KESA Kachemak Emergency Services Area x.~TWR Kenai National Wildlife Refuge KPB Kenai Peninsula Borough NFP National Fire Plan OEM Office of Emergency Management PSA Public Service Announcement USFS United States Forest Service USFWS U.S. Fish and Wildlife Service USGS United States Geological Survey WUI Wildland-Urban Interface SBB Spruce Bark Beetle Mitigation Program Bbl Kenai CWPP 3/212Q06 Attachment 1 - CtNPP base Maps Map 1. Kenai Gammunity Base Map hrtp //www borou *h kenai ak uSJF s~rueeb~~ede/NewtMapstltA/Community BVC Kenai.pdf Map 2. Kenai Fuel Hazard Olass Map httrr//www boronnh.kenai.alc.us/~rucebnetIc/New/IyFansJHA?IKENAI CWPP HAZfiRDx,ndt 3. Kenai Fuel Ownership and WUI Map Map 4. Kenai Hazard Fuels Mitigation Efforts Map 5. Kenai Area Fire History Map h~~i/www borough ke~lai ak us/sprucebeetlelNew/Mapsfstarts/I~FNAI CWPP 'FI'RESTARTS.ndt' Attachment 2 - E+re~arin~ a Ccm~:unity PF%ii~iir~ Frctecti€~n Sian: A iiandbaok for vViic3land-urban interface Communities htto://www.borou h.kenai.ak.us/s rucebeetie/New/C1NPP(GWPP Handbook. df Attachment 3 - Foilcva-up C®mmunity Risk Assessments (Attacfi Future Community Eiisk Assessment and annual updates.) -E~~- c~2 Suggested by: Administrafion CITY OF KENAS ORDYN~.NCE NO. 2321-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $250,000 IN THE LIBRARY EXPANSION CAPITAL PROJECT FUND AND $750,000 IN THE STREET AND SEWER CAPITAL PROJECT FUND FOR PUBLIC IMPROVEMENTS. WHEREAS; the City of Kenai was awarded a grant from the State of Alaska for X1,000,000 far public improvements; and, WHEREAS, the $1,000,000 can be used for any public improvement; and, WHEREAS, the Library Expansion Project is grant eligible; and, WHEREAS, it is in the best interest of the City of Kenai to use $250,000 of this grant as funding for the Library Expansion Project; and, WHEREAS, the City's Capital Improvement Plan has identified street improvements that need to be funded; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate $750,000 in the Street and Sewer Capital Project Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Librarv Expansion Gapital Protect Fund Increase Estimated Revenues: State Grants $250,000 Increase Appropriations: Construction $250,000 Street and Sewer Capital Protect Fund Increase Estimated Revenues: State Grants $750,000 Increase Appropriations: Construction $750,000 33 Ordinance 2321-2008 Page ~ PASSED BY THE COUNCIL OF THE CITY OF RENAI, ALASKA, this second day of July, 2008. PAT PORTER, MAYOR ATTESfi: Carol L. Freas, City Clerk Approved by Finance: ~"'-`: (06/ 10/2008) hl Introduced: Adopted: Effective: June 18, zoos Juiy 2, 2008 July 2, 2008 34 ~ry-~./. ~t ~J//~ tke ci'fy o f „// KENA~ SKA "Ullay~e Lvit~i a Past, G~`t~y Wit~i a Fc~tr~~°e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~ ~~,~, Telephone: 907-2$3-7535 /FAX: 907-2$3-3014 i~ ~I ~svi MEMO: TO: Cify Council FROM: Rick Koch DATE: June 12, 2008 SUBJECT: Ordinance Number 2321.2008, State Grant, $ 1 Million for Pubtic Improvements Achninistration reconunends Council approval of the above referenced ordinance The propose of this action is to appropriate a state grant contained in the SFY 09 capital budget that becomes effective July l., 2008. In a communication to Governor Patin and Office of Management and Budget Director Rehfeldt regarding the anticipated use of the State grant, we identified using $ 250,000 for design. activities associated with the Library expansion, 9i 250,000 far the Bluff Erosion Project, and S 500,000 for roadway improvements. This appropriation provides $ 256,000 for the Library expansion and $ 750,000 for roadway improvements. At this time we are not recommending appropriating funds to the Bluff Erosion Project until the U.S. Corp of Engineers completes the pre-engineering, preliminary environmental report, and their report has been presented to the administration and Cauneil. Thant: you for your attention iaz this matter. If you have any questions please contact me at your earliest convenience. 35 Suggested by: City Council CYTY OP' KENAI ORDINANCE 1~0. 2322-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PLACING ON THE BALLOT FOR THE NEXT GENERAL ELECTION THE QUESTION AS TO WHETHER THE MUNICIPAL OFFICERS OF THE CITY OF KENAI SHOULD BE EXEMPT FROM THE PROVISIONS OF THE STATE OF ALASKA FINANCIAL DISCLOSURE STATUTES (AS 39.50). WHEREAS, AS 39.50 was amended in 2008 to include that "municipal officers" report the amount of their income in addition to the sources of income over $1,000; and, WHEREAS, under AS 39.50.200, the term "municipal officers" includes the City Manager, members of the planning and zoning commission; the Mayor and Council Members; and; WHEREAS, elective and appointive positions require a great expenditure of time in the public interest vrith little monetary compensation; and, WHEREAS, compliance with the requirement that municipal officers report the amount of their income in addition to the sources of income over $1;000 will drastically discourage and limit the number of persons ccdlling to commit to public service; and, WHEREAS, the Alaska Public Offices Commission (APOC) intends to place the financial disclosure information, including the amount os" income, on its Internet site; and, WHEREAS, decreasing the quantity and quality of those willing to participate in public service for the City of Kenai will be a significant detriment to the citizens of Kenai; and, WHEREAS, the City of Kenai has its own fuiancial disclosure and conflict of interest ordinance in KMC 1.85 which does require reporting of sources of income, .but does not require reporting the amount of income; and, WHEREAS, AS 39.50.145 provides that a municipality may exempt its municipal officers from the requirements of AS 39.50 if a majority of the voters voting on the question at a general election vote to exempt its municipal officers from such requirements; and, WHEREAS, if the voters approved exempting municipal officers from the requirements of AS 39.50, the conflict of interest rules and financial disclosure requirements of KMC 1.85 would still require reporting of sources of income; and, 36 Ordinance No. 2322-2008 Page 2 of 2 WHEREAS, .the Kenai City Council believes that the voters of the City of Kenai should be given the opportunity to decide whether or not the municipal officers of the City of Kenai should be exempt from the requirements of AS 30.50. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that there shall be placed on the ballot for the regular city election of October Ten 2008 with the appropriate proposition number to be designated by the City Clerk, the following question: "Shall the City of Kenai municipal officers and candidates for municipal office be exempt from the State of Alaska requirements under Alaska Statutes 39.50, effective 2008, regarding reporting and financial disclosure requirements, business and conflicts of interests provisions and INSTEAD, be required to file a City of Kenai Financial Official Disclosure Statement, according to Kenai Municipal Code 1.85, that wiIl be subject to public disclosure, as well as be subject to local laws regarding conflicts of interest?" PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July, 2008. PAT PORTER, MAYOR ATTEST; Carol L. Freas, City Clerk Introduced: June 1$, 2008 Adopted: July 2, 2008 Effective: August 2, 2008 37 l~ h~%l~/ ~\ r _~//p//_ tl~e uz`y u f // KENAI. AEA „I/`fl~e cue ~ ~r~.~t, ~c° c`t~i Fe~tc~~°e„ 210 Fidalgo Avenue, Kenai, Aiaska 95611-7794 Telep{7one: {907) 283-7535 !Fax: {907} 283-3014 www.ci.kenai.ak.us T0: ,Mayor Porter and the Kenai City Council FROM; ~~(,(, Cary R Graves, City Attorney DATE: June 12, ?008 ItE: APOC Ballot Preposition Included in this packet is an ordinance authorizing a ballot proposition to exempt municipal officers and candidates from the provisions of AS 39.50. Originally the idea was to have the ballot pz~oposition authorized by a resolution. Section 10-8(a} of the Kenai City Charter allows the Counci] to place propositions on the ballot by resolution or ordinance . However, AS 39.50.145 states that such a ballot proposition "may be submitted by the city council or borough assembly by ordinance or by initiative election." (Emphasis added}. Given the language of the statute, the Cleric and I agreed that Couneii's authorization should be by ordinance rather than resolution.. Please ]et me know if you have any questions. 38 Suggested by: City Attorney CITY QF KENAI (7RI1YId.~1CE NQ. 2323-2®08 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.$5 BY: Lj UPDATING THE FINANCIAL REPORTING REQUIREMENTS FOR MUNICIPAL OFFICERS AND CANDIDATES CONTAINED IN KMC 1.85.020; AND, 2} INCLUDING THE MEMBERS OF THE PLANNING A_ND ZONING COMMISSION IN THE DEFINITION OF "MUNICIPAL OFFICER IN KMC 1.85.070; AND, INCLUDING STOCKBROKERS AND FINANCIAL ADVISORS IN THE LIST OF PROFESSIONALS SUBJECT TO MODIFIED REQUIREMENTS IN KNIC 1.85.030. WHEREAS, the financial reporting requirements for municipal officers and candidates in KMC 1.85.020(b)(1j incorporated by reference the state's requirements in AS 39.50.030(b) as of 1996; and, ~[7HEREAS, the State of Alaska has amended the requirements of AS 39.50.030(b}(1) since 1996; and, WHEREAS, it is in the best interest of the City of Kenai to update the reporting requirements in KMC 1.85; and, WHEREAS, if there is a conflict in the state and city reporting requirements, the more stringent rules prevail over the Less stringent; and, WHEREAS, it is in the best interest of the City to specifically delineate the reporting requirements in KMC 1.85 rather than incorporate a state statute by reference; and, WHEREAS, the changes to the city's fmanciat disclosure requirements in this ordinance require reporting sources of income over 51,000 for municipal officers and candidates, and the officer's or candidate's spouse, dependent children and non- dependent children residing with the officer or candidate, but do not require the reporting of amounts of income; and, WHEREAS, current definition of "municipal officer" contained in KMC 1.85.070 does not include members of the Planning and Zoning Commission, but city Planning and Zoning Commission Members are including in the state financial disclosure reporting requirements; and, WHEREAS, members of the Kenai Planning and Zoning Commission should be included in the definition of "municipal officer" under the city's financial. disclosure requirements in KMC 1.85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.85 is amended as follows: 39 Ordinance No. 2323-2008 Page 2 of 4 , SECTION ONE I.85.Q20 Coatents af'statement. (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects need not be identified. (b) The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate. (1} [THAT INFORMATION REQUIRED TO BE REPORTED BY THE STATE UNDER AS 39.50.030(b};j The source of alI income over $1.000 during the orecedina publicly traded corporation need not be included- (~ The identify and nature of each interest in real property. including an option to buy owned at any time during the precedir~a calendar near by the ,~~unicipal officer or candidate and municipal officer's or candidate's spouse dependent ahiidreii and non-dependent children residing with the officer or candidate. u The identity of each trust or other fiduciary relation in which the municipal officer or candidate and officer's nr candidate's spouse, dependent children q-~ extent of the beneficial interest in it; Ordinance No, 2323-2005 Page 3 of 4 u A list of all contracts and offers to contract with the state or an instrumentality of the state during the preceding calendar vear held, bid, or offered by member, or a corporation in which the municipal. officer or candidate, and officer's or candidate's spouse dependent children and nondependent children residing' with the officer ar candidate, or a combination of them, hold a controlling interest; ll A list of all mineral timber, oil or anv other natural resource lease held. or lease offer made, during the preceding calendar vear by the municipal officer or candidate. and the officer's or candidate's spouse, dependent children and non- dependent children residing with the officer or candidate, a partnership, limited liability company or professional camaration of which the person is a member, or a them, holds a controlling interest; j5,)[(2)] A list of all contracts, bids, or offers to contract with the City of Kenai fluxing the preceding year, by the municipal officer ar candidate, and the officer's or candidate's spouse dependent children and non-dependent children residing with the officer or candidate, including those made through a proprietorship, partnership, limited liability company or corporation in which [HE OR A MEMBER OF HIS FAMILY) children and non-dependent children residing with the ofl~,cer or cancUdate or a combination of them, holds a controlling interest; (9)[(3)] A description of each business or financial dealing, transaction, or arrangement over $1,000 by a municipal. officer or candidate and the afficer's or candidate's spouse, dependent children and non-dependent children residing with the officer or carididate entered info wit'ri any other municipal officer of the City of Kenai. (c) Tine statement shaii be Hied on a form prescribed by the City Clerk. SECTION TWO 1.85.030 Modified requirements for professionals. Notwithstanding other provisions of this chapter, medical doctors, dentists, psychologists, certified public accountants, stock brokers or financial advisors and attorneys are not required to disclose, as sources of income, the names of individual patients or clients who receive professional services. Spouses of medical doctors, dentists, psychologists, certified public accountants, and attorneys are not required to disclose the names of their spouses, individual patients, or clients who receive professionai service. This exemption shall not apply to the identity of any corporation or other business entity having a contract with the professional producing income of $5,000 or more for services to its members or a defined group, nor to the identity of clients receiving services that do not fall within the candidate's or official's field of professional expertise. 41 Ordinance No. 2323-2008 Page 4 of 4 SECTION fiHREE 3.85.070 Definitions as used in this chapter (a) "Municipal Officer" means the Mayor, City Manager, Members of the Council, Members of the Planning .and Zoning Commission. City Attorney and City Clerk. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July, 2008. PAT PORTER, MAYOR ATTEST; Carol L. Freas, City Clerk Introduced: June l8, 2008 Adopted: July 2, 2008 Effective: August 2, 2008 42 orb°6E~e w~t~i ~~~t, Gc°~ r~i~ ~ Fut~~e ®` ~. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 -~,-~ Telephone: (907) 283-7535 (Fax: (907) 283-3014 - www.ci.kenai.ak.us the ca[y o~ NffN ~ S ~~ TO: Mayor Porter and the Kenai City Council. FROM: C'~(~ Cary R. Graves, City Attorney DATE: June 12, 2008 I2E: Financial Disciasure (3rdinance (No. 2323-2Q08) In this packet is Ordinance No. 2322-2008 authorizing a ballot proposition to exempt municipal officers and candidates from the state APOC requirements of AS 39.50. If the ballot proposition passes, the city's t3nancial disclosure ordinance will take over. However, when I{MC 1.85.020 was amended in 1996 it incorporated the reporting requirements of AS 39.50.030{6). See Attachment "A." KMC 1.85.020(6)(1} now reads that, "The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer ar candidate. That im'ormation required to be reported by the state under AS 39:5Q030ib)." (F,mphasis added). i ne reference to AS 39.50.030(6) can be interpreted to two ways. It can be interpreted to mean AS 39.50.030(6} as it was in 1996 when it was incorporated by reference or AS 39.50.030(6) as it is now. The difference is important since A5 39.50.030(h) has had significant changes since 1996. Included in the changes is the 2008 requirement that amounts of income be reported. It is my interpretation that the reference to AS 39.50.030(6) in the ordinance means that the state law as is was in 1996 is incorporated. '['he common law rule is that incorporation by reference to specific law incorporates only the provisions referred w at the time of adoption without subsequent amendments unless there is an express statement (e.g. "as amended") or strong implication of the intent to incorporate subsequent amendments. Singer, SuCherland SCaCUCOry ConsCruciion, Section 51.08 at 270 (6`~' ed. 2000). A copy of AS 39.50.030(6) as it was in 1996 is included as Attachment B. It is also notewwKhy that Planning and Zoning Commissioners are not required to file disclosure statements under KMC 1.85 since they are not included in the definition of "Municipal Ofticer" 43 under KMC 1.85.070. That section defines "Municipal Officer" as the Mayor, Council Members, the City Attorney, City Manager and City Clerk." I thought that given the proposed ballot proposition, KMC 1..85 should be amended to clarif;~ the reference to AS 39.50.030(b) and to include Planning and Zoning Commissioners. Given the timeline before the election, the changes needed to be introduced for introduction on the .Tune I8`~', ?008 meeting. That does, however, leave plenty of time for amendments to the ordinance at the public hearh~g on July 2, 2008 Please let me know if you have any questions. 44 Suggested hy: Council CITY OF KENAI ORDINANCE NO. 1701-96 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMl''VDING KENAT MUNICIPAL CODE 1.85.020{b) TO REMOVE SOME CONFLICTS BETWEEN STATE AND CITY REQUIREMENTS FOR FINANCIAL DISCLOSURE AND REPORTING CONFLICTS OF INTEREST. WHEREAS, the State of Alaska reporting requirements far finanoiai disclosure and conflict of interest under AS 39.50.630 are generally more strict than the reporting requirements under KMC 1.$5.020; and WHEREAS, when the reporting requirements are in conflict the Ciky must follow the more restrictive of state or city law; and WHEREAS, it is in the best interest of the City of Kenai to structure its conflict of interest and disclosure requirements to more closely coincide with the State of Alaska's requirements; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 1.85.020(b) is amended to read as follows: 1.85.020 Contents of Statement: (b) The statement filed shalt include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer ar eandidate[.]_ (1) [T'HE SOURCE OF ALL INCOME OF $1,000 OR MORE RECEIVED AS DIVIDENDS OR INTEREST] That information required tc he r~rted by the state under AS 39.50.030(bl; {2) [THE SOURCE OF ALL OTHER INCOME OVER $5,006 INCLUDING CAPITAL GAIIvTS, RECEIVED DURING THE PRECEDING CALENDAR YEAR] A list of all contracts bids or offers to contract with the (3) [THE NAME AND ADDRESS OF EACH BUSINESS ENTITY OWNED OR IN WHICH AN IN'T'EREST WAS .HELD DURING THE PRECEDING CALENDAR YEAR, INCLUDING A STATEMENT OF THE NATURE OF THE INTEREST OWNED OR HELD] A descriotion of each business or financial decline transaction or arrangement entered into with env other municipal officer of the City of Kenai _ [(4) THE NAME AND ADDRESS OF EACH BUSINESS IN WHICH HE IS AN OFFICER, DIRECTOR, MANAGER, OR EMPLOYEE DURING THE PRECEDING CALENDAR YEAR; F¢ C 9 N4s1~tLIM 6 va Ag e¢ {5) A DESCRIPTION OF EACH INTEREST IN REAL PROPERTY AND A STATEMENT OF THE NATURE OF THE INTEREST OWNED; {6) EACH LOAN, LOAN GUARANTEE, OR OTHER INDEBTEDNESS OF $5,004 OR MORE, INCLUDLNG THE IDENTITY OF THE MAKER CF THE LOAN AND EACH CREDITOR A,~ID THE NATURE AND TERMS OF THE TRANSACTION; (7) A LIST OF ALL CONTRACTS, BIDS, OR OFFERS TO CONTRACT WITH THE CITY OF KENAI DURING THE PRECEDING YEAR, INCLUDING THOSE MADE THROUGH A PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION 1N WHICH HE OR A MEMBER OF HIS FAMILY, flR A COMBINATION OF THEM, HOLD A CONTROLLING INTEREST; (8) A LIST OF EACH MINERAL, TIMBER, OIL, OR OTHER NATURAL RESOURCE LEASE HELD, OR LEASE OFFER MADE DURING THE PRECEDING CALENDAR YEAR, INCLUDING THOSE HELD OR MADE BY A PARTNERSHIP OR PROFESSIONAL CORPORATION, OR A CORPORATION IN WHICH THE OFFICER, CANDIDATE, HIS SPOUSE OR CHILDREN, OR A COMBINATION OF THEM, HOLD A CONTROLLING INTEREST; AND, (9) A DESCRIPTION OF EACH BUSINESS OR FINANCIAL DEALING, TRANSACTION, OR ARRANGEMENT EN'T'ERED IN'T`O WITH ANY OTHER MUNICIPAL OFFICER OF THE CITY OF KENAI.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA; this f`day of June, 1996. ATTEST: Carol L. Freas, City Clerk Introduced: Tune 5, 1996 Adopted: June 19, 199b Effective: July 19, 1996 ~~ May 15, 1946 (sp) 46 1.85.020 Contents of Statement: (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer or candidate, to-the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goads and personal effects need not be identified, (b) The statement filed shall include the foiowutg information relating io the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non- dependent children residing with the officer or candidate: (1) That information required to be reported by the state under AS 34.50.030(b); (2) A last of all contracts, bids, ar offers to contract with the City of Kenai during the preceding year, including those made through a proprietorship, partnership, ar corporation in which. he or a member of his family, or a combination of them, hold a controlling interest; (3) A description of each business or financial dealing, transaction, or arrangement entered into with any other rnuniaipai officer of the City of Kenai. (c) The statement shall be filed or. a form prescribed 6y the City Clerk. 47 Search - 2 Results - as 39.50.030 Page 1 of 3 S,vi[ah CGemt ~ i'rof=raarA > !Sign ;Jr` j ~'iiulp Advtsor!;Counset SeFector Source: teg~l > 1 . , . l > AK • Alaska Statutes, t990 [' Terms: as 39.50.030 (Eptt $eacch ! $ugge~t Terms fo_ r,My,Searc_h I Feedback pn,_Your Sea..rcfij Select for FOCUSTA9 or Delivery rj==; ; 0_::1 A/aska Stat. § 39.SR.030 ALASKA STATUTES Copyright O 1962-1996 by The State of Alaska Ail rights reserved. *** ARCHIVE MATERIAL *** *** THIS SECTION IS CURRENT THROUGH THE 1996 SUPPLEMENT *** *** (1996 REGULAR & 1ST SPECIAL SESSYON OF THE LEGISLATURE) *** TTTLE 39. PU6LIC OFFICERS AND EMPLOYEES CHAPTER 50. CONFLICT OF INTEREST Alaska Stat. § 39.54.434 (1995) Sec. 34.54.434. Contents of statements ii tary ? 4~ (a) Each statement shall be an accurate representation of the financial affairs of the public official or candidate and shall contain the same information for each member of the person's family, as specified in (b} of this section, to the extent that it is ascertainable by the public official or candidate. An asset or liability under $500, household goods, and persona! effects need not be identified. (b} Each statement filed by a public official or candidate under Chis chapter shall include the following: (t 1 the cni~r~a_ of ail in~nma nyar $inQ ri luring the prareriing c_alandar year, jn[l~(ding tarahta and nontaxable capital gains, received by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that parson; (2) the identity, by name and address, of each business in which the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person was a stockholder, owner, officer, director, partner, proprietor, or employee during the preceding calendar year; (3} the (dentity and nature of each interest awned in any business during the preceding calendar year by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (4) the identity and nature of each interest in real property, including an option to buy, owned at any time during the preceding calendar year by the person, the person's spouse or dependent child, or a nondependent child of the person who is Ilving with thak person; {5} the identity of each trust or other fiduciary relation in which the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person held a beneficial interest during the preceding calendar year, a description and identification of the property contained in each trust or relation, and the nature and extent of the beneficial interesEin it; http://www.Iexls.cosnlresearch/retrieve? r ~r~~e~nn~T .m~.. ie967h&docnum=2& fmtstc=... 6/12/2008 Search - 2 Results - as 39.50.030 Page 2 of 3 (6) any loan or loan guarantee made to the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person, and the identity of the maker of the loan it loan guarantor and the identity of each creditor to whom the person, the person's spouse or dependent .hild, or a nondependent child of the person who lives with that person owed $S00 or more; (7} a list of al! contracts and offers to contract with the state ar an instrumentality of the state during the preceding calendar year held, bid, or offered by the person, the person's spouse or dependent child, a nondependent child of the person who is living with that person, the person's mother or father, or a corporation in which the person or the person's spouse or children, or a combination of them, hold a controlling interest; and (8) a fist of all mineral, timber, ail, or any other natural resource lease held, or lease offer made, during the preceding calendar year by the person, the person's dependent child, a nondependent child of the person who is living with that parson, the person`s mother or father, a partnership or professional corporation of which the person is a member, or a corpdration in which the person or the person's spouse or children, or a combination of them, holds a controlling interest. (c) [Repealed, § 26 ch 25 SLA 1975.] HISTORY: (1974 Initiative Proposal No. 2, § 1; am §§ 3, 4, 26 ch 25 SLA 1975} NOTES: OPINIONS OF ATTORNEY GENERAL. --Requiring an attorney who is a public official to disclose the names of clients, including the clients of the firm, is valid and legally supportable; and disclosure of such names does not violate any constitutional or professional privileges. February 15, 1985 Op. Att'y Gen. NOTES TO DECISIONS TO DETERMINE THE VALIDITY OF THE DISCLOSURE PROVISIONS OF THE CONFLICT OF INTEREST LAW, Both the nature and the extent of the privacy invasion and the strength of the state interest requiring disclosure must be considered. Falcon._v_._Aiaska,_Pup.. Offices_~Ilmm'n,. 57d„_P,.2d 469 .(Alaska 19.77,,, CERTAIN TYPES OF INFORMATION COMMUNICATED IN THE CONTEXT OF THE PHYSICIAN-PATIENT RELATIONSHIP FALL WITHIN ACONSTITUTIONALLY-PROTECTED ZONE OF PRIVACY. Falcon v. Alaska Pub, Office~~omm'n, 57.0 ~~Za_46_2(A~aska 1977»U,_ PATIENT OF A PHYSICIAN IS A CLIENT FOR MEDICAL SERVICES and fails within the scope of this chapter. Fal44n v__.Alaska Pub. Offices Comm'n ~D P,~d 469 (Alaska 1977 AND SOURCE OF INCOME. --The Conflict of Interest law encompasses a physician's individual patients as sources of income. Falcon v, Alaska Pub,.. Office~ Comm'n, 570 P,2d~4 (Alaska 1977} REPORTING INDIVIDUAL NAMES OF PHYSICIAN'S PATIENTS. --Until appropriate regulations are promulgated, the Conflict of Interest law may not be applied so as to require reporting the names of individual patients of a physician. Falcon v, Alaska Pub. Quires Com~_n, 57~e,~d ~_.~Ala~~a_1977_},_ APPLIED IN Warren v. Thamas, 568 P 2d 400 (Alaska 1977 . USER NOTE: For more generally applicable notes, see notes under the first section of this article, chapter or title. Source: Legal > ! ... / > AK -Alaska Statutes, 1996 ~,`~„-`,`,j Terms: as 39.50.030 .(.Edit S~l~h. I $~gg~~~T~,O,r,,~ f9..LM_1!_Sea_rch ~ Feedk~ck on Your $earGh) View: Full - - - )atefCime: Thursday, June 12, 2008 - 5:43 PM EDT - - http:(/www.lexis.comlresearchlretrieve? m=a91a93.022cOb~~65fzJf7208f36e9b7b&docnum=2& fintstr=... 6/1212008 Search - 2 Results - as 39.50.030 Page 3 of 3 Search ~ Research TasBs ~ Get a Document ~ She~sM's0 ~ Aterts ~ Transactona!_/~dvrsor ~ Counsel. Selector H~Lo~ 19~nvgn~~~~r I ~5~~..~iienl I ?r_af~eeces i ~H I Nep .,~1~~'r BbouS.~exi~Nexi~ E T~rms~ COndltis7ns. I ~anka+nt_.u.~. CRpyrigi~.C..Q. 2008 LexisNexls, a division of Reetl EiseWer Inc. All rights reserved. http://www.Iexis.com/research/retrieve?_m=a91 a91022c01~~565f9f7208f36e967b&docnum=2&_fmtstr=... 6!13!2008 CITY OF KE[dAI BACKGROUND INPORh7E-TION 203 PUBLIC OFFICINL FI[~ANCIAL DISCLOSURE STRTEME~T This report is for City of Kenai Planning & Zoning Commission members; incumbent City of Kenai municipal officers; City of Kenai municipal candidates; and incumbent Mayor and Council Members. 2. This report is for the preceding calendar year, so inelude any information about finaricsal interests held tsetween 3anuary 1, 2008 and December 31, 2008. You must show your financial interests and those held by your spouse, non-dependent children residing with you, or dependent children during the preceding calendar year. 4. If you need help, call the Kenai City Clerk at (907) 283-7535, extension 231. 5. SIGN THIS REPORT ON THE IrRST PAGE. N,+AMEc (Phone} (Fax number} OCCUPATIf?N: CWAILING AD®RESSi: (Current Street Address or Post Office Box) (E-Mail Address) (City/TOWn and Zip Code) OFFICE HELD OR SOUGHT OFFICE: TERM OF OFFICE: From TITLE: TYPE OF STATEMENT (CHECK ONE): ^ CANDIDATE STATEMENT ^ INITIAL STATEMENT ^ ANNUAL STATEMENT Must be filed with your declaration of candidacy For newly appointed municipal offiicers Due by March 15, SPOUSE: DEPENDENT CHILDREN: NON-DEPENDENT CHILDREN RESIDING WITH YOU to 51 SCHEOttLE A SOt1RCE5 OF INCOME OVER Si.000 Salaried Employment Yf NONE reportable, cheek box u Report the name of each employer who paid you, your spouse, non-dependent children residing with you, dependent children more than $1,000 during calendar year 2008. ~ Name of filer, spouse, or Employer's Name of filer, spouse, or Employer's Name: Name of fifer, spouse, or Employer's Name: Name of fifer, spouse, ®r Employer`s Name: Seflf-Employment Yf NONE reportable, cheek box ^ list the name and address of each self-employment business that was a source of income of more than $1,000 for you, your spouse, non-dependent children residing with you, or dependent child during calendar year 2007. If the business is non-retail, Gist the first and last name of each client or eustomer who paid the business over $1,®00. Self-employment includes: sole proprietor, partnership, limited liabiVity company, shareholder in a professions! corporation; or if you held (individually or with another family member) more than 5Q% of the stock in a corporation. Name of filer, spouse, or child: Business Name: Retail ^ Non-Retai! ^ (Tf you check non-retail, list clients/customers below.) Name of client/customer: Name of Ater, spouse, or child: Business Name: Retail ^ Non-Retail ^ (If you check non-retail, (ist clients/customers below.) Name of client customer: 2009 City of Kenai Financial Disclosure Statement Page 2 52 SCHEDULE A SOURCES OF INCOME OVER $1 000 Ren nco a If NO r le box ~ List the first and fast name of each tenant from whom over $1,000 was received during calendar year 2008. If property es located outside Alaska and managed by a person other than you, your spouse, non- ~ dependent children residing with you, or dependent child, you may list the managing agent instead of listing each tenant. Owner (filer, spouse, or child) Tenant(s) Recipient (filer, spouse, or child} Name of Source of Income Recipient (filer, spouse, or child) Name of Source i If N c x List the source of gifts which have a value of or cumulative value of more than $250 xce gifts received from a spouse, domestic partner, parent, child, sibling, grandparent, aunt, uncle, niece o phew. Some examples of gifts include: cash, a debt that is forgiven, scholarships, and discounts not extended to the general public. Recipient (filer, spouse, or child) Name of Source 2009 City of Kenai Financial Disclosure Statement Page 3 53 SCNEC9ULE B BUSINESS INTERESTS Business Interests Tf NdNE re ortable, check box ^ Repart all business interests even if they were not sources of income to you, your spouse, non-dependent child residing with yau, ar dependent child during calendar year ZOQ8. • List ownership interests of mare than $1,000 as a shareholder in publicly traded stocks, that are not listed elsewhere on this form. (A list of the names of publicly traded stocks such as IMB or Intel may be listed by name only on a separate page.) • List ownership interests in non-publicly traded companies such as a sole proprietor, shareholder, owner, partner, officer, or director including ownership interests in native corporations. • List interests in limited liability companies. • List director or officer position in profit and non-profit organizations. Describe the business activity with sufficient detail to tell a reader what the organization actually does.. Name of filer, spouse, or ehiid: Business Name: Business Address; Nature of Interest: Description of Business's Activity: Name of filer, spouse, or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of fii~r, spouse, or child: Business Name: Business Address: Nature of Interest; Description of Business`s Activity: Name of flier, spouse, or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: 2009 City of Kenai Financial Disclosure Statement Page 4 54 SCHEI9U4E C REAL. PRmPERT~ ENTERESTS/RENT TO ~M(N Rea6 Pro a Tn~eresfs Tf N®NE re orEabte, check box ^ Report all property interests such as your home, neighboring lots, rent to own home, rental property, vacant, recreational, business property or limited partnerships including real estate interests held ir. an LLC, or held through a trust or sold during calendar year 2008. Include a street address, city and state or complete legal description far each piece of property Asted. not use mile post markers or post office boxes. Use copies of this page if you need additional space to complete this section. Name of filer, spouse, or Street Address or Legal Description: City or Borough and Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of flier, spouse, or child:_ Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, or Current Use (Optional} Current Use (Optional) Street Address or Legal Description: City or Borough and Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, or chitd:_ Street Address or Legal Description: City or Borough and State: Nature of Interest: {Option to Buy, Ownership, Leasehold) Name of filer, spouse, or chile!: Street Address or Lega! Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) 2009 City of Kenai Financial Disclosure Statement Page 5 Currant Use (Optional) Current Use {Optional) Current Use {Optionaq 55 SCHEDULED BENEFICIAL INTEREST IN TRUSTS 8e RETIREMENT ACCOUNTS Exceeding $L,®OB Trusts & Retirement Accounts %f NONE re ortable check box ^ Report each beneficial interest in a trust or retirement account held by you, your spouse, non-dependent children residing with you, or dependent children that exceeded $1,000 during calendar year 2008. Retirement accounts include embloyee benefit accounts lnension and orofit-sharing accounts3, and retirement counts lIRA, 401K, SEP or Ke®ahl. Assets of a trust or retirement account include stocks, bonds, mutual funds, cash accounts, CD's, real property. Name the trustor (the person or em to er who provided the funds or assets for the trust or retirement account). If a trust or retirement account is self directed, also list the assets by name such as IBM stock or Tem Ireton Growth Fund. Name of filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds ar assets (Trustor). Names} of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. Name of filer, spouse, or child: Extent aflnterest(Percent) Name of the person, employer or entity who provided the funds or assets (Trustor). Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. Name of filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets {Trustor). Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. Name of filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets {Trustor). Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. 2009 City of Kenai Financial Disclosure Statement Page 6 56 SCHEDULE E LOANS LOAN GUARANTEES, AND DENS OP S1,Od0 OR MORE NATURAL RESOURCE LEASES Loans, Loan Guarantees, and debts If NONE reportable, check box u Report the name of each creditor or lender to whom more than $1,000 was owed during calendar year 2008 by you; your spouse, non-dependent children residing with you, or dependent children. List financial obligations including mortgages on property sold during calendar year 20US; loans that have been guaranteed; delinquent taxes, alimony, child support payments; medical bills; mortgage, boat and auto loans; business and personal loans; escrow's; student loans; signature loans; and promissory notes. Loans include secured, unsecured and contingent loans. Do not report credit card obligations or revolving charge accounts. Cercle whether the entity is a lender. creditor or guarantor. Name of Debtor (filer, spouse, or child) Name of Lender/CreditorjGuarantor Name of Debtor (filer, spouse, or child) Name of Lender/CredRor/Guarantor Name of Debtor (f1er, spouse, or child) Name of LenderjCreditor/Guarantor Name of Debtor'(fler, spouse, or child) Name of Lender/Creditor/Guarantor Name of Debtor (filer, spause, or child) Name of Lender/CreditorJGuarantor Name of Debtor.(filer, spouse, or child} Name of Lender/CreditorjGuarantor Leaseholder Nature of Lease Indicate: Bid, held, or offer made Identity of Lease and Description Leaseholder Nature of Lease Indicate: Bid, held, or offer made Identity of Lease and Description 2009 City of Kenai Financial Disclosure Statement Page 7 57 SCHEDULE F GOVERNMENT CONTRACTS AND LEASES cnecK oox u List all contrails and offers to contract with the state or instrumentality of the state or a municipality during raiendar year 200$ held, bid or offered. Report this inforration for yourself, your spouse, non-dependent children residing with you, or dependent children who was a sole proprietor, a partnership or professional mrporation of which you are a member, or a corporatson in which you or your family members listed above (or a combination of them) held a controlling interest. Name(s) of Contractor Indicate: Bid, held or offer made Names} of Contractor Bid, held or offer made Contracting Agency/Department Contract number and description Contracting Agency/Department Contract number and descripdon SCHEDULE G CONTRACTS AND OFFERS TO CONTRACT WITH THE CITY OF KENAI Contracts and Offers to Contract If NONE re ortatple, check box U List all contracts and offers to contract with the Clty of Kenai during calendar year 2008 held, bid or offered. Report this information for yourself, your spouse, non-dependent children residing with you, or dependent children who was a sole proprietor, a partnership or professional corporation of which you are a member; or a corporation in which you or your family members listed above (or a combination of them} held a controlling interest. Name(s) of Contractor Indicate: Bid, held or offer made Name(s) of Contractor Indicate: Bid, held or offer made Name{s) of Contractor Indicate: Bid, held or offer made Name(s) of Contractor Indicate: Bid, held or offer made 2009 City of Kenai Financial Disclosure Statement Page 8 Contracting Agency/Department Contract number and description Contracting AgencyJDepartment Contract number and description Contracting AgencyJDepartment Contract number and description Contracting Agency/Department Contract number and description 58 SCHEDULE H BUSINESS i7R FINANCIAL DEALING WITH ANY MUNICIPAL OFFICER ®F THE CITY ®F iSENAI 3usiness or Financial Dealing If N(3NE reportable, check box ^ List all business or financial dealing with any municipal officer of the City of Kenai during calendar year 2008. Report this information for yourself, your spouse, non-dependent children residing with you, or dependent children who was a sole proprietor, a partnership or professional corporaton of which you are a member; or a corporation in which you or your family members listed above (or a combination of them) field a controlling interest. Name of filer, spouse, or child Business Name: Business Address: Nature of Interest: Description of Business's Activity:_ Name of filer, spouse, or child Business Name: Business Address: Nature of Interest: Description of Business's Activity:_ Name of flier, spouse, or child Business Name: Business Address: Nature of Interest: Description of Business`s Activity:, Name of filer, spouse, or chile Business Name: Business Address: Nature of Interest: Description of Business's Activity: 2009 City of Kenai Financial Disclosure Statement Page 9 59 CERTIPICATIOhI I certify under penalty of perjury the information in this Statement is to the best of my know{edge, true, correct and complete. A person who makes a false sworn certification which he or she does not believe to be true is guilty of perjury. SIGNATURE DATE Printed Name of Filer Piace Whare to fife this Statement: MUf~ICIFAI. QDFFIC%AI.S Ah9D CND%DATES -- File Statements with the Kenai City Clerk 280 Fi~algo Avens:e Kenai, ~K 99611 Telephone: (907) 283-7535, extension 231 Fax: (907)283-5068 2009 City of Kenai Financial Disclosure Statement Page 10 60 Suggested by: Council CYTY OF KEIOTAI ORDTriTRNCE NO. 2325-20®8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE CODE VIOLATION FINE SCHEDULE IN KMC 13.10.015 TO INCLUDE A STANDARD FINE OF $500 FOR TRESPASS IN VIOLATION OF KMC 13.20.030. WHEREAS, T{MC 13.20.030 prohibits trespass on the North Shore sand dunes area where they are marked no trespassing; and, WHEREAS, under KMC 13.05.010 the maximum penalty for violating the municipal code is $500.00; and, WHEREAS, in order to protect the environmentally sensitive North Shore sand dunes, a standard fine in tl:e amount of X500.00 shauld be set for that offense; and, WHEREAS, it is in the best interest of the City of Kenai to include a violation of KMC 13.20.030 in the code violation fine schedule of Kenai Municipal Code 13.10.15 with the standard fine set at $500.00. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 13.10.015 is amended as shaven on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced; June 18, 2008 Adopted: July 2, 2008 Effecfive: August 2, 2008 61 13.10.015 Minor offenses amendable to disposition without court appearance by payment of a fine. In accordance with AS 28.05.1 S 1, a citation issued for violation of any of the following sections of this title shall be subject to disposition with pavmentof a fine in lieu of a court appearance or as otherwise prescribed. Violations committed within CODE iTIO?LATION FINE SCHEDULE CI°1`E RULE/CiFFENSE FINE ~ ~i RULES t3F ROAD ~ 1~ 13 AAC 02.050(x) ~ Driving on right required ~ ~ 75.00 . 2~ i - 13 AAC 02.056(b) Slower traffic to keep right 75.00 3~ 3 AAC 02.055(x) Overtaking on right 150.00 4 13 AAC 02.060(ej ~ Restrictions on driving left of center 150.00 5 i 13 AAC 02.065(a) ~ Overtaking on left 150.00 6 ~ 13 AAC 02.070 Passing vehicle proceeding in opposite direction 100.00 7 13 AAC 02.075(b) No passing zone 150.00 ~ 8 13 AAC 02.090 Fallowing tao closely ~ 104.00 i 9 13 AAC 02.080(b-c) Wrong way on one-way street ~ 150.00 10 I 13 AAC 02.085(x) Driving on roadways laned for traffic / Improper lane change 75.00 ~ 12 13 AAC 02.095(x) Vehicles restricted from controlled access roadway 100.00 11 13 AAC 02.095(c) ~ Controlled access roadway, entering ar exiting j 75.00 ~ 13 13 AAC 02.545(b) Driver to exercise due care 150.00 14 AS 28.35.045{a) Negligent driving 300.00 R%GHfi-DF-WAY ~~ 15 13 AAC 02.010{a)(3)(A) Failure to stop for steady red traffic signal $150.00 16 13 AAC 02.120(x} ,Vehicle approaching intersection 90.00 ' 17 13 AAC 02.125 Vehicle turning Ieft 150.00 18 13 AAC 02.130(b) Failure to obey stop signs 100.00 19 13 AAC 02.130(b-e) I Failure to yield after stopping or at yield sign ~ 150.00 20 13 AAC 02.135(b) ~ ,Stop and yield from privvate road or ~ driveway 100.00 21 13 AAC 02.140(a-b) Failure to yield to emergency vehicle ~ 150.00 ~ ' Ordinnnce 2i2>-2008 - Attachment "A" Paee ]. of 4 62 PEDESTRIAN RIGIi'I`S AND DUTIES ~ 22 ~ 13 AAC 02. I50 ' Pedestrian to obey control devices and regulations $ 40.00 23 I3 AAC 02.155(a) ~ Driver to yield to pedestrian ixi I crosswalk ~ 100.0~ ~ 24 , 13 AAC 02.155(b) ~, Pedestrians to use due care 50.00 25 ~ 13 AAC 02.1 S5(c) ~ Driver not to pass vehicle stopped for pedestrian 75.00 26 1 13 AAC 02.155(d} Pedestrians to use right half of crosswalk 25.00 27 ( I3 AAC 02.IS5(e) ~ Driving through safety zone ' 75.00 28 13 AAC 02.160(a-f) Pedestrian crossing not in crosswalk to f yield 40.00 29 1 13 AAC 02.160(e) Prohibited pedestrian crossing 40.00 30 ~ 31 13 AAC 02.160(d) ~ 13 AAC 02.175 Pedestrian crossing at other than right angle 1 Illegal walking an roadway 25.00 I' I 40.00 1 , _,~ 32 13 AAC 02.180 Pedestrians soliciting rides or business 50.00 33 13 AAC 02. I90 Driver to yield right-o£-way to blind ~ pedestrians 150A0 TURNING AND STARTING i 34 I3 AAC 02.200(a-c) Turning movement prohibited or restricted $75.00 ~ 35 I I3 AAC 02.205(a-bj Improper li-turn 75.00 36 l3 AAC 02.210 Improper start from parked position 75.00 -- -- 37 I3 AAC 02.215(a-f} Turning movements and required signals I ~ ! 75.00 1 CITE RULEjOFFENSE FAdE I SPECYAL STOPS REQUIRED j 38 13 AAC 02.257 , ' Emerging from alley, driveway or building $100.00 I 39 I3 AAC 02.265 ~ Stop required when traffic obstructed 75 00 40 l3 AAC 02.325(e) j Overtaking and passing school bus 3-19 ~ $ 8.00 ! per , mile ~ 41 20 or more over i 12.00 I i per mile SPEED RESTRICTIONS ~ ' 42 IS AAC 02.275(a) ~ Safe speed under certain hazardous conditions (BASIC SPEED) i $90.00 Ordinance 2325.2008 Al[achment "A" Page 2 of 4 63 43 f l 13 AAC 02.275(b) ~ Speed ~riolations-Designated limits3-29 8.00 per mile i 44 20 or more over 12.00. per mile ' 45 ( 13 AAC 02.280(a-d) ' Speed violations-Altered limits 3-19 8.00 ! per mile 46 i 20 or more over 12.00 i per mile ~ 47 ( ' ' Minimum speed violation; impeding I traffic 60.00 48 1 ! 13 AAC 02.325(d) II Speed. violations-School zones 3-9 12.00 per mile ~- X49 ~ i - I 10-19 over 14A0 per mile ~ 50 ~ j + 20 or more over i 16.00 per mile 51 i KMC 13.40.020{a-f) Off-road vehicle operation $100.00 ~ 52 KMC 13.40.030 Special stops required ~ 90.00 153 ~ KMC 13.40.050 Helmet required 100.00 ! 54 KMG 13.30.080 Operating vehicle in a prohibited area 100.00 ' + ANIP/CniLS 55 'KMC 3.10.020 ' ;Interference with peace or privacy (1st offense) $ 50.00 , 55 I ~ , KMC 3.10.010 1 Interference with peace or privacy (2nd rvf'fen c„t„+) 100,00 I ' 57 KMC 3.10.020{a, b, and d) Control and confinement of animals (1st offense) ' 50.00 58 KMC 3.10.020(a, b and dj !Control and confinement of animals (2nd offense) 100.00 i 59 KMC 3,20.010 'Failure tc license a dog 25.00 PARKINCc 60 KMC 13.10.060 Camping on private property ~ $50.00 ' 61 KMC 13.30.035 ~ Paid parking 50.00 I 62 KMC 13.30.095 ~! Parking prohibited on Kenai Avenue 50.00 63 KMC 18.35.010 'Overnight camping 50.00 64 113 AAC 02.340 Parkng, stopping on highway 50.00 64 AR 6.05.010-030 Parking at Airport First offense 25.00 ' 66 i Second offense 50.00 Ordinance 2325-2008 Attachment "A" Page 3 of 4 64 ! ABANDONED /JUNK VEEiICLES / LYTTERYNG 67 KMC 12.20.010 Deposit of refuse (littering} ~ $500.00 67 ! KMC 12.25.020 Abandonment of vehicle 100.00 68 KMC 12.25.030 ~ Junk vehicle . 100.00 PRd}'EiZTY OFFENSES i i 70 ~ KMC 13.20.030 Protection of North Shore sand dunes 500 ' GENEi2AL I [70] 71 i ~ Any offense under Title 13 of the Alaska Administrative Code which has been incorporated by reference under KMC 13.30.010 and is nat listed on this fine schedule shall have a fine amount as provided by the State in Administrative Rule 43.1. Ordinance 23254008 Atfacninent "A" Page 4 of 4 65 ...:.. fl~eaiyof KENA~ S ,- :~ '~~.j~Jr~~` ~ ~ www.ci.kenai.ak.us TO: Mayor Porter and Councilors FROM: ~~ Cary P.. Crraves, City Attorney DATE: June 12, 2008 RE: No~~th Shore Sxnd llune Trespass Fine Ordinance 2325-2008 is included in the packet. It sets the standard fine for trespass on the North Shore Sand Dune at $500. The administration thought the Council might want to consider atwo- tiered fine level for trespass on the North Shore sand dunes. The idea would be to have the fine at $500 for a trespass that involves physical dan~age to the dunes and $150 for trespass that doesn't involve physical damage. The idea is to differentiate between someone simply walking across the no trespass area and more directly harmful activities. One person walking over the dune daes not alone cause a lot of harm. However. collectively lots of people walking over the dunes do cause signitcant harm. One the other hand, one person driving, camping or setting a beach Mire can cause significant harm. if Council is interested in this approach the matrix attached to the ordinance should be changed as follows: PR®PE1KT4' OFFENSES 70 K_MC 13 20 030 Protection of North Shore Sand Dunes-no physical damage 5150 71 KMC 13 ~0 030 Protection of'~1orth Shore Sand Dunes-nhysical damage 5500 PIease let me know if you have any questions. "~ill~~ge cvi~ ~ ~'~~t ~i u-i~ ~ ~r~~r~~e r~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 TeEephone: (907) 283-7535 !Fax: (907} 283-3014 66 ^.\ ^4~r ti - ~~ ~ ,,._ . ..... r „~"lla~e c a ash; Gc y a.~~t~i a ~c~tr~~e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907} 283-7535 /Fax: (907} 283-3014 www.ci.kenai.ak.us L1V1L~~.!! V iF'1 TO: Mayor Porter and the Kenai City Council FROIv1:~'~,~ Cary R. Graves, City Attorney BATE: June 26, 200$ RE: Ordinance No. 2325-2008 This ordinance would set the standard fine for a violation of the beach trespass ordinance at $500. Emergency Ordinance No.2324-2008 was approved at the June 18t}' meeting. It set a two tier mine for violation of the beach trespass ordinance at $150 and $500. Because Emergency Ordinance No. 2324-2008 already set the fuse, this ordinance is not necessary. The administration recommends killing this ordinance by either voting it down or tabting it to a time uncertain. Please let me know if you have any questions. ~ KMC ].3.20.030 67 Suggested by: Councilor Boyle CITX OF I{ENAI RESOLUTION NO. 2048-4d A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONTRIBUTING $5,000 TO THE CENTRAL AREA RURAL TRANSIT SYSTEM, INC (CARTS) FOR FISCAL YEAR 2008-2009 TRANSIT SERVICES. WHEREAS, CARTS is a non-profit organization providing public transportation services to the central Kenai Peninsula, including within the City of Kenai; and, WHEREAS, traditional public transportation services, such as public buses, are not well suited to the central Kenai Peninsula due to its rural nature; and WHEREAS, because there are no income, age, disability, or other requirements, CARTS is available to anyone; and, WHEREAS, since beginning service in October, 2060, CARTS has provided over 338,00 rides; and, WHEREAS, the public transportation provided by CARTS is important to the economy of the central Kenai Peninsula; and, WHEREAS, 27% of CARTS riders are passengers on their way to or from work; and, WHEREAS, other uses of CARTS includes rides to go to school; medical appointments, and shopping; and, WHEREAS, the users of CARTS are diverse: 18% of CARTS passengers are elderly or di5abicd, j%a utii Maki, up 29~;, of u~er~; and adults C..nE~:.tllte 53% of l.'.carg~ anrl, V~THEREAS, CARTS funding is made up of 12°l° passenger fares, 15% state funding, 43% federal funding, 24% service contracts, and 4% local funding; and, WHEREAS, it is in the best interest of the City of Kenai and its cilizens to contribute $5,000 to the local funding for CARTS. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE. CITY OF KENAI, ALASKA, that the City of Kenai hereby donates $5,000 to CARTS for transit services in Fiscal. Year 2008-2009. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2~~d day of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 68 Suggested by: Administration CITY OF KEN'15I RESOLUTIdN NO. 2008-4I A RESOLUTION OF THE COUNCIL OF THE CITY OF I{ENAI, ALASKA, AWARDING THE BID TO ALASKA ENVIROSCAPE FOR LEIF HANSEN PARK SPRINKLERS INSTALLATION - 2008 FOR THE TOTAL AMOUNT OF $52,630. WHEREAS, the following bids v.~ere received on June 24, 2008: BIDDER TOTIaL Alaska Enviroscape $52,630 Green Lawn Services $73,882 Colton Underground Sprinklers $89,479 AASL General Contracting Corp. $98,721 WHEREAS, Alaska Enviroscape's bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Alaska Enviroscape; and, WHEREAS, the Council of the City of Kenai has determined that Alaska Enviroscape's bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF` THE CITY OF i{ENAi, ALASKA, that the bid for Leif Hansen Park Sprinklers Installation - 2008 be awarded to Alaska Enviroscape for the total amount of $52,630. PASSED BY THE COUNCIL OF THE CITY OF KENAT; ALASKA, this second day of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~_ 69 - -h>,•,,~ .- ,~. \\ the my of .~/ "(~i"lla9e rvit/~ a past, Gity ivit~t a Futr~re" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,„~~,m!~„ Telephone: 907-283-7535 /FAX: 907-2$3-3014 i~~~If 1992 MEMO: TO: City Council FROM: Rick Koch DATE: June 26, 2008 SUBJECT: Resolutian No. 2008-41, Irrigation System at Lief Hansen Park Administration recommends award of a contract for construction of a irrigation system to Alaska Enviroscape in the amount of $ 52,630. This project will furnish and install an irrigation system in Leif 1-lansen Parlc allowing far more efficient watering of the grass and other landscaping improvements in the park. 70 AGENDA KENAI C%TY COUNCIL -REGULAR MEETING JUNE I8, 2008 7:00 P.M. I~ENAI CITX COUNCIL CHAMBERS http' 11 www.ci kenai ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion. of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the Genera Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Roy 8s Janine. Espy -- Cell Phone Tower Concerns. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC BEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 23I8-200$ -- Increasing Estimated Revenues and Appropriations by $501,632 in the Urea Storage Building Fund for Construction. 2. Ordinance No. 2319-2008 -- Amending the Ethics Rules for Elected and Appointed Officials and City Employees by Amending the Eadsting KMC 1.85.060 and 070. 3. Ordinance No. 2320-2008 -- Amending KMC 1.90.030 to Permit Appointment of Up to Two Members to Certain Advisory Boards, Commissions or Committees Who are Nan-Residents of the City of Kenai Providing They Work at Least One-Half Time Within the City. 4. Ordinance No. 2324-2008 -- 1) Amending KMC 13.20.030 to Prohibit Trespass in Posted Environmentally Sensitive Areas in a Portion of the South Shore of the Kenai Beach; 2) and Declaring an Emergency; and 3) Amending the City's Fine Schedule in KMC 1.3.10.015 by Adding a New Subsection 70 Providing fora $500 Fine for a Violation. 71 a. Motion for Introduction b. Motion far Second Reading (Requires a Unanimous Vote) c. Motion for Adoption (Requires Five Affirmative Votes) 5 Resolution No. 200$-35 -- Approving a Contract to Sterchi Construction for the Project Entitled Kenai Municipal Airport Urea Storage Building - 2008 for the Total Amount of $375,713.00. 6. Resolution No. 2008-36 -- Approving a Contract to Holden Company for the Project Entitled Kenai Public Safety Garage - 2008 for the Total Amount of $165,368 Which Includes the Basic Bid and Additive Alternates No. 1 and No. 2. 7. Resolution No. 2008-37 -- Setting the Public Hearing Date on the Proposed Ames Road South LID Special Assessment District. 8. Resolution Na. 2008-38 -- Recognizing Harold and Rita Daubenspeck for Their Support and Dedication to the Growth and Development of City of Kenai Parks and Recreation Opportunities. Resolution No. 2008-39 -- Strongly Supporting the Upgrade and Improvement of Miles 45-60 of the Sterling Highway and Miles 18-26 of the Seward Highway. 10. *Renewal of Lsquar Licenses -- _Restaurant/Eatine Place • Katina's Greek 8v Italian Restaurant, #4533. • New Peking Chinese Restaurant, #3239. • Pizza Hut #9, #2596. Winery • Matson Winery & Supply, #4676. ITEM F: MINUTES 1. "Regular Meeting of June 4, 2008. ITEM G: UNFYNISIiED BUSYNESS YTEM I3: NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 3. *tbrdinance No. 232Y-2008 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Project Fund and $750,000 in the Street and Sewer Capital Project Fund far Public Improvements. 72 4. *Ordinanee No. 2322-2OQ8 -- Placing on the Ballot for the Next General Election the Question As to Whether the Municipal Officers of the City of Kenai Should be Exempt From the Provisions of the State of Alaska Financial Dssclosure Statutes (AS 39.50). *Ordinanee No. 2323-2008 -- Amending KMC 1.85 by: 1j Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2j Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer in KMC 1.85.090; and, Including Siockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in IiMC 1.85.030. 6. *Ordinance No. 2326-2008 -- Amending the Code Violation Fine Schedule in KWIC 13.14.015 to Include a Standard Fine of $500 for Trespass in Violation of KMC 13.20.030. Approval -- Change Order No. 1, Thompson Park LID - 2008. 8. Approval -- Setting Clerk, City Attorney and City Manager Salaries. aTEM I: L Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8v Zoning Commission 7, i~/Tiaeal7~naQUc C~'.nmm_ccinna anri Cnmmttteea a. Beautificafion Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee aTEM ,I: REPaIZT ~~ TaIE MAYOR ITEM K: City Manager Attorney City Clerk ITEM L: DISCUSSION Citizens (five minutes) Council .ITEM M: PENDING LEGISLATION (This item lists (egistation which wilt be addressed at a later date as noted.] 73 C}rc§ixaasxce No. 2314-200$ -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule.. (Postponed on June 4, 2008 to August 6, 2008.) EXECLPT%VE 5E55tON -- None Scheduled FTEM N: ~J®URDTMEN'F 74 KENAI CITY COUNCIL -REGULAR MEETING JUNE I8, 2008 7:00 P.M. KENAI CITY COUNCII. CHAMBERS http: / ! unvw. ci.kenai. ak.us MAYOR PAT PORTER, PRESU3ING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at appro~.imately 7:00 p.m. in the Council Chambers in the Kenai City Hall Buffding. A-I. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL A quorum was present. Student Regresentati~Te Maya .Fohnson: Absent A-3. AGENDA APPROVAL ADD TO: Ordinance No. 2324-2008 {Item E-4) -- Appendix IV -- Item was omitted in the packet. SUBSTITUTE: H-2, Purchase Orders Exceeding $ I5,000 -- Added Item, purchase order to.Kidde in the amount of $55,000. MOT%ON: Council Member Smalley MOVED for approval of the amended agenda and requested IFPTANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: 75 The City Clerk took roll. Present ware: KENAI CITY COUNCIL MEETING JUNE 18, 2008 PAGE 2 Council Member SmaIley MOVED to approve the consent agenda as submitted. Council Member Eldridge SECONDED the modan and requested UNANIMOUS CONSENT. ITEM B: SCKEDULED PUBLIC COMMENTS (10 minutes) S-1. Roy Sa Janfne Espy, 403 McCallum Drive, Kenafl -- Cell Phone Tower Concerns. Mr. Espy requested the City consider a moratorium on any further installation of cell phone towers to allow the Planning Sv Zoning Commission to consider future development of cell phone towers. Espy referred to information included in the packet explaining a variance application had previously been denied by the Commission to Alaska Dagital, a ~;,oratorium would allow locations to be identified tl'~at would have less impact to neighborhoods and public areas, and his desire the city be proactive with regard to the issue. A brief question/answer period followed during which caution was given that council, if the variance denial was appealed, would act as the Board of Adjustment and therefore in-depth discussion should not take place. City Attorney Graves stated he would compile information including municipal powers to restrict locations of cell phone towers, how a moratorium might work, and changes to cell phone tower regulations in general for council's review and information. %TEM C: UNSCHEDULED PUBLIC_COMMENTS -- None. ITEM D: REPORTS OF YPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. %TEM E: PUBLIC HEARINGS (Testimony 1rsnited to 3 minutes per speaker.) E-1. Ordinance No. 2318-2008 -- Increasing Estimated Revenues and Appropriations by $501,632 in the Urea Storage Building Fund for Construction. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2318-2008 and Council Member Swarner SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. 76 KENAI CITY COUNCIL MEETING JUNE 18, 2008 PAGE 3 VOTE: MOTION PASSED ISNANIMOEJSLY. E-2. Ordinance No. 2313-2008 -- Amending the Ethics Rules for Elected and Appointed Officials and City Employees by Amending the E~ ting KMC 1.85.060 and 070. MOTION: Council Member Swarner MOVED for approval of Ordinance No. 2319-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Council discussion followed with comments including: MOTION TO AMEND: Councff Member Ross MOVED to amend Ordinance No. 2319-2008 by amending KMC 1.85.060(b) adding, after "member's commission," "or if the member has declared a conflict of interest and has abstained, or affirmed that he will so abstain, fram discussion or eating on the issue." Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION fi0 AMEND: 77 *Student Representative Johnson: Absent MOTION PASSED UNANIMOUSLI'. KENAI CITY COUNCIL MEETING JUNE 18, 2008 PAGE 4 Council Member Molloy MOVED to amend the last sentence of subparagraph (h) (page 5 of packet), adding "by motion" between "restriction" and "upon." Council Member Ross SECONDED the motion, VOTE ON AMENDMENT; *Student Representative Johnson: Absent MOTION TO AMEND: Council Member Molloy MOVED to amend subparagraph (1) (page 6 of the packet) by deleting "or by action of the Alaska State Legislature" Council Member Boyle SECONDED the motion.. It was explained, new language could be drafted if the Legislature amends Title 29. VOTE ON AMENDMENT: *Student Representative Johnson: Absent Swarner ~ Yes Smalley Yes Eldrid e ~ Yes I Ross j Yes ~ Mollo ~ Yes Boyle Yes Porter Yes MOTION PASSED UNANIMOiTSLY. MOTION TO AMEND: Council Member Ross MOVED to amend subpazagraph {i) by deleting ", commissioner" after "A municipal officer" and by ending the sentence at ..."surplused by the city" adding a period and deleting the remaining portion of the paragraph. Council Member Swarner SECONDED the motion. It was explained, there was some concern of unfair advantage if an employee would bid on a surplus items and the amendment would eliminate the city manager from making the decision of whether an employee had an advantage. 7g MOTION IsASSED LiNANiMOUSLY. KENAI CITY COUNCIL MEETING JUNE 18, 2008. PAGE 5 Note: The motion to amend was changed, with the consent of the second, to include the removal of ", commissioner" after a brief discussion of concern how such a restriction from commissioners bidding on surplus equipment/item would be policed. 470TE ON AMENDMENT: *Student Representative Johnson: Absent Swarner Yes Smalley Yes Eldrid e Yes Ross Yes Molloy ;Yes Boyle ~ Yes Porter Yes ~ ~ MOTION PASSED UNANIMOUSLY'. Council Member Molloy requested that if a future amendment is made to the ordinance with regard to the Legislature, to also include a definition of what is "confidential." VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. E-3, Ordinance No. 2320-2008 -- Amending KMC 1.90.030 to Permit Appointment of Up to Two Members to Certain Advisory Boards, Commissions or Committees Who are Non-Residents of the City of Kenai Providing They Work at Least One-Half Time Within the City. MOTION: Council Member Molloy MOi7ED to enact Ordinance Ne. 2320-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Council discussion followed during which concerns were expressed with the addition of "up to two" non-residents on a commission/eommsttee would allow a majority of members to be non-residents. 79 *Student Representative Johnson: Absent KENAI CITY CGLINCIL MEETING JUNE 18, 2008 PAGE 6 MOTION TO AMEND. Council Member Molloy MOVED to delete "and/" (page 15 of the packet) and change "two members" to "one." Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Swarner MOVED to amend the last whereas paragraph from "...up to two non-resident members..." to "...up to one member..." and requested UNANIMOUS CONSENT. Council Member Smalley SECONISED the motion. VOTE ON AMENDMENT: There were no objections to the request for UNANIMOUS CONSENT. SO ORDERED. VOTE ON ii+fAYN MOTION AS AMENDED: MOTION PASSED. E-4. .Ordinance Na. 2324-2005 -- 1) Amending KMC 13.20.030 to Prohibit Trespass u1 Pasted Environmentally Sensitive Arezs in a Portion of the South Shore of the Kenai Beach; 2} and Declaring an Emergency; and 3j Amending the City's Fine Schedule in KMC 13.10.015 by Adding a New Subsection 70 Providing for a X500 Fine for a Violation. E-4a. Motion for Introduction 8~ *Student Representative Johnson: Absent *Student Representative Johnson: Absent KENAI CITY COUNCIL MEETING JUNE 18, 2008 PAGE 7 MOTION P°OR INTRODiJCTION: Council Member Boyle MOVED to introduce Ordinance No. '2324-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. Tommy Thompson, 111 Paula Street, Kenai/Chair, Harbor Commissian -- Spoke of the Commission's support of the ordinance and noted, the Commission had also suggested the city purchasing the Anchor Trailer Park for additional parking space. Sill Osborn, 423 Rogers Road, Kenai f Harbor Commission Member -- Spoke in suppart of the ordinance. Bob Peters, Old Town, Kenai/Harbor Commission Member -- Spoke in support of the ordinance and noted, the ordinance would give power to enforce the ordinance. VOTE ON INTRODUCTION: 'Student Representafive Johnson: Absent Swarner Yes Smatle ~ Yes Eldrid e i Yes I Ross Yes Molla ~ Yes ~ Bo le Yes ~ Porter Yes ~ ___ -_---_ ~ MOTION PASSED UNANIMOUSLY. E4-b. Motson for Second Readang (Requires a Unanimous Votef MOTION: Council Member Boyle MOVED to adopt Ordinance No. 2324-2008 (second reading and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no ane wishing to be heard, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Absent ( Swarner ~ Yes Smalley Yes ,Eldridge ~ Yes 81 KENAI CITY COUNCIL MEETING JUNE 18, 2008 PAGE 8 Rass Yes ~ Mollov ~ Yea ~ Boyle Yes __~ Porter MOTION PASSED UNANFMOYISLY. E4-c. Matioaz far Adaptiaxa (Requires Five Affirmative Elates) MOTION: Council Member Boyle MOVED for adoption of Ordinance No. 2324-2008 and Council Member Eldridge SECONDER the motion. The floor was opened for public hearing. There being no ane wishing to be heard, the public hearing was closed. Council discussion followed with comments including: • Noting atwo-tier fine was included with Ordinance No. 2325-2008 -- one for a trespass with no damage and ane for trespass with damage to the dunes. • If the city defined the fine schedule, the city would control the fines and the fine could be paid at city hall. The person fined could also dispute the fine and go to court. • If aperson had more than one offense, each offense would be fined $150 {when no damage to dunesJ. • The ordinance would allow seasonal enforcement officers to write citations, there would be protection of environmentally sensitive areas, and the dunes would be fenced in. MOTION TO AMEND: Council Member Ross MOVED to amend KMC 13.10.015 fine schedule, adding Protection of North and South Shore, $150 into the fine schedulo. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED. VOTE ON MAYN MOTION AS AMENDED: 82 *Student Representative Johnson: Absent KENAI CITY COUNCIL MEETING JUNE 1.8, 2008 PAGE 9 *Student Representative Johnson: Absent Swarner Yes ~ Sma11e Yes Eldrid e ,Yes Ross j Yes ~ MolloV Yes Boyle ;Yes - Porter Yes ~ ~ ( MOTION PASSED UNANIMOUSLY. Concern was expressed with forwarding an ordinance needing the introduction and passage to be considered at the same meeting; review the ordinance during winter and make any amendments in a timely manner; and, include citations and fines in the annual dip net report, including repeat offenders. SREAK TAKEN: 8:08 P.M. SACK TO ORDER: 8:I7 P.M. E-5. Resolution. No. 2008-35 -- Approving a Contract to Sterchi Construction for the Project Entitled Kenai Municipal Airport Urea Storage Building - 2008 for the Total Amount of $375,713.00. MOTION: Council Member MoIloy MOVED to adopt Resolution No. 2008-35. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: There were no objections to UNANIMOUS CONSENT. SO ORDERED. E-b. Resolution No. 2008-36 -- Approving a Contract to Holden Company for the Project Entitled Kenai Public Safety Garage - 2008 for the Total Amount of $165,368 Which Includes the Basic Bid and Additive Alternates No. 1 and No. 2. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2008-36 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. 83 KENAI CITY' COUNCIL MEETING JUNE 18, 2008 PAGE 10 The floor was opened for public hearing. There being no one wishixsg to be heard, the public hearing was closed, There were no council comments. ~70TE: There were no objections to UN OUS CONSENT.. SO ORDERED. E-7. Resolution No. 2008-37 -- Setting the Public Hearing Date on the Proposed Ames Road South LID Special Assessment District. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2008-37 and requested UNANIMOUS CONSE27T. Council Member Swarner SECONDED the motion. The floor was opened for pubfic hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: There were no objections to UNANIMOUS CONSENT. SO ORDERED. E-8. Resolution No. 2008-38 -- Recognizing Harold and Rita Daubenspeck for Their Support and Dedication to the Growth and Development of City of Kenai Parks and Recreation Opportunities. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2008-38 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: There were no objections to UNANIMOUS CONSENT. SO ORDERED. E•9. Resolution No. 2008-38 -- Strongly Supporting the Upgrade and . Improvement of Miles 45-60 of the Sterling Highway and Miles 18-26 of the Seward Highway. MOTION: 84 KENAI CITY COUNCIL MEETING JLNE 18, 2008 PAGE 11 Council Member Eldridge MOVED for approval of Resolution No. 2008-39 and requested UNAPTTMOUS CONSENT. Council Member Smalley SECONDED the motion, The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: There were no objections to CONSENT. SO ORDERED. E-I0. Renewal of Lsquax Licaases -- RestaurantlEatin~ Place • Katina's Greek 8s Italian Restaurant, #4533. • New Peking Chinese Restaurant, #3239. • Pizza Hut #9, #2596. Wine • Matson 4t~inery & Supply, #4676. Approved by consent agenda. ITEM F: MINUTES F-I. Regular Meeting of 3uae 4, 2008 -- Approved by consent agenda. ITEM Ca: UNFINISHED BUSINESS -- Nona. ITEM H: H-1. Bills to be Ratified MOTION: Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council. Member Eldridge 5ECONDED the motion. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purclsase Orders Exceeding $ I5,000 McsTION: 85 KENAI CITY COUNCIL MEETING JUNE 18, 2008 PAGE 12 Council Member Swarner MOVED for approval of the substitute purchase orders exceeding $15,000, including the purchase order to Kidde for repairs for the training facility in the amount of $55,000 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-3. Ordinance Ne. 232i-2008 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Project Fund and X750,000 in the Street and Sewer Capital Project Fund for Public Improvements. Introduced with approval of consent agenda. H-4. Ordinance No. 2322-2008 -- Placing on the Bailot for the Next General Election the Question As to Whether the Municipal Officers of the City of Kenai Should be Exempt From the Provisions of the State of Alaska Financial Disclosure Statutes (AS 39.50). Introduced with approval of consent agenda. H-5. Oidin~nC4 NEA: 2323-20458 -- Amending KMf`. 1.85 hy: 11 i iprlat_ng the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning'Commissian in the Definition of "Municipal Officer in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. Introduced with approval of consent agenda. H-6. Ordinance No. 2325-2008 -- Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine of $500 for Trespass in Violation of KMC 13.20.030. Introduced with approval of consent agenda. H-7. Approval -- Change Order No. 1, Thompson Park LID - 2008, MOTION: ' 86 KENAI CITY COUNCIL MEETING JUNE 18, 2008 PAGE 13 Council Member Molloy MOVED to approve Change Order No. 1, Thompson Park LID - 2008. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. It was explained, the additional cost would cover the paving of Shamrock Circle as well as Thompson Park. VOTE: There were no objections. SO ORDERED. H-8. Approval -- Settuzg Clerk, City Attorney and City Manager Salaries. MOTION: Council Member Swarner MOVED to set the Clerk annual salary at $71,182; the City Attorney annual salary at $112,594; and, the City Manager's annual salary at $11Q,660. Council Member Eldridge SECONDED the motion. Tt was noted, the city manager's contract would end in the next several months and the salary may have to be amended and the salary set at this time would not preclude negotiations. VOTE: There were no objections. SO ORDERED. YTEM I: COMMISSYON/COMMITTEE REIjORTS I-I. CounciY an Aging -- Council Member Eldridge reviewed discussions from the June 12 Council on Aging meeting. I-2. Airport Commission -- Council Member Molloy reported there was no quorum for the June 12, 2008 meeting. He noted there was a request from the chair to have administration attend a meeting and discuss the proposed investment strategy far the airport enterprise fund. Y-3. Harbor Commission -- Councii Member Boyle reviewed the June 9, 2008 meeting summary included in the packet. A brief discussion took place related to placement of caution signs by the intersection of Bridge Access Road and the entrance to the dock facility. Administration was directed to contact the DeparKrnent of Transportation and discuss what would be workable there. City Manager Koch was requested to report back to council at its next meeting. g7 KENAI CITY COUNCIL MEETING JUNE 18, 2008 PAGE 14 It was suggested administration. also gather information related to the city investigating available properties as well. I-4. Library Commission -- Council Member Smalley noted the June 3, 2008 meeting summary was included in the packet and the July meeting had been cancelled. I-5. Parks 8v Reoxeation Commission -- Council Member Eldridge reported the ne~;t meeting would be held on July 3, 2008. I-6. Planning 8s Zoning Commission -- Council Member Ross reviewed the minutes of the June 11, 2008 meetng which were included in the packet. I-?. Miseellaneoas Commissions and Committees I-7a. 'Beautification Committee -- Council Member Swarner reported a meeting would be held July 8, 2008. I-7b. Alaska Municipal League Report -- Council Member Smalley reported he attended a teleconferenced meeting during which a five percent increase to AML dues was defeated. He also noted, the summer meeting would be held in Wrangell in August. I-7e. Mini-Groat Steering Committee -- Mayor Porter noted the meeting summary of the May 20 meeting was included in the packet. ITEMS: REPORT OF THE MAYOR -- Mayor Porter noted the following: + Letter to Governor Patin related to the Alaska natural gas pipeline was in the packet and available for council signature. + She attended a troop salute parade held in Soldotna over the weekend. • Reported an effort between the cities of Soldotna, Kenai and the Kenai Peninsula Borough was ongoing. • She attended the Kenaitze Tribe's salmon bake over the weekend. • She and Vice Mayor Swarner completed the evaluation reviews with the city Clerk, City Attorney and City Manager. ITEM K: ADMINISTRATION REPORTS K-I» 'City Manager -- City Manager Koch noted the following items: • The quarterly financial report was included in the packet with a page devoted to each fund. He requested council's comments if a different form was desired. • He would be meeting the Vice President of the University of Alaska to continue negotiations regard their extraction from the property lease by the training 88 KENAI CITY COUNCIL MEETING JUNE 18, 2008 PAGE 15 facility. He suggested an executive session be scheduled for the next council meeting to further discuss the issue. • He attended a meeting related to development of a sports dome. He added, there were many user groups attending and he suggested focus should first be on how operational costs would be covered, i.e. a large service area, eta Meetings would be continuing. • He would be meeting with representatives of the Department of Transportation during the week. • He would be taking personal leave from August 4-15, 2008. • He will be working on the use of Frontage Road for parking vehicles for sale. • He would be meeting with the Governor sometime during the next several weeks and discussing Spur Highway between Kenai/Soldotna and bluff erosion. • Larry Semmens would be lea~ring the employ of the City of Kenai to take the city manager position at the City of Soldotna, noting Semmens last day would be July 14, 2008. Council quesflonsJcamments included: • The sidewalk atong Lawton Drive would be repaired by the end of next month. Sidewalk repair would also be done in front of Paradises. • Concern from consfituents related to removal of brush, etc. and asking if there was a plan for the work being done. Koch noted, the work being done was a continuation of the Fire Wise Program. Concern was also noted that brush piles from last year's work had act been removed in several areas. • Concern from constituents related to the removal of brush, etc. which is also a buffer to subdivisions against highway noise; interest in council having input into where, when, and how the work would be done; and, would all city property look like parks or would some be left in its natural state within the city. • Question of when the Fire Wise damping grounds would be opened. Koch stated he would forward an answer, • Comments received from constituent who was impressed with the work being done by First Street. • Suggestion to have someone from the agencies doing the work speak to council related to clearing and safety. Koch reported he would try to make those arrangements for the next meeting. K-2. Attorney -- City Attorney Graves reported he and the City Clerk developed the ordinance (introduced during the meeting}, draft financial reporting form, and resolution formulating the ballot question and to forward comments to him and the Clerk with regard to suggestions for the form anal ballot question. K-3. Clty Clerk -- City Clerk Frees noted a memorandum was included in the packet related to providing forms on the city webpage allowing for typing in 89 KENAI CITY COUNCfL MEETING JUNE 18, 2008 PAGE 16 information and submitting the form, noting an upgrade in current software would provide for that ability. The memorandum also asked whether council wanted to continue with the current webmaster or 5nd a new one who resides in the community. After a brief discussion, council directed no change to be made in the next fiscal year, however during the next budget cycle, a local webrnaster be considered: ITEM L: L-1. Citizens (flee minutes) Sab Peters, (31d Town, Kenai -- Requested additional information related to Department' of Natural Resources grant funding that could be used for dune proteefion; suggested snow fence be used instead of the orange fencing for placement around the dunes; and, stated concern related to traffic hazards around the dock. road entrance. L-2. Council Boyle -- Congratulated Larry Semmens on his new job and ccdshed him well. Molloy -- Congratulated Semmens on his new job, thanked him for all his help and, wished him success. Ross -- Congratulated Semmens on his new job and wished him well. Eldridge -- Congratulated Semmens on his neva job. Smalley -- • Congratulated Semmens and wished him well. • Noted 2/3 of the boat users during dip net season would be displaced to the beaches because of the new engine restrictions, adding his concern the problem would be controIling of the dip net fisheries and his hope the State would be aware of related potential problems. Swarner -- • Congratulated Semmens on his necv job and wished him well. • 'Noted she represented the city at the salute of troops during the weekend and also enjoyed the Tribe's salmon bake. • Suggested the PRISM sign along the highway be made bigger or removed. Koch noted it would be taken down. ITEM M: PENDING LEGISLATION (This item lists legislation which will Zee addressed at a later date as noted.) 90 KENAI CITY COUNCIL MEETING JUNE 18, 2008 PAGE 17 Ordinance N©. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%} for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Postponed on June 4, 2008 to August 6, 2008.) -- None Scheduled %TEM N: There being no further business before the Council, the meeting adjourned at approximately 9:15 p.m. Mu2utes 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. 91 0 a z ~ ~ ct ~ ro w Q r~ o° o ~ w ~ ~ ~ o o ~ O ~' o ~- U 4 d ~ 2 {LI p li7 ~ ~ o ~ N ® cis ~ > a ~ o ~ U f a ~ ¢ ~ z w z N ~ ~ ~ o ~ ~ D ~LLI d '~ o 0 0 ate, .. ui O us {~ ~ ~ U fC1 itt I- ~ U F J W 2 ~ ~ d CL ~ ~ ~ ~ ~ Z p Z ~ U > Z '> Q 92 S d Q V U C1 W Z U I ~ '. ~ ~ ~ o o ~ Ce o Cd us" J ~ ~ ~ ~ I C3 ¢i ta ~ Q ~ 44 0 j `~ w 1 (3 4 aU O O O O O O O GJ O O Q O N O (D O ~ tOO r O ~ W W W U U U ~ N ~ J J 1 ~ ~ Z a a a ~ f~ to W W W d Q ~ 0. ~ ~ ~ U` Z J Cn c~ T W N a ~ fY W 7 0 0 ~ ~ C d U U Z ¢ Q U .? J N ~ w z W ~ ~ W w ~ W a" F U7 ¢ ~ _ ~ ~ z - ~ d ~ t W z ~ o ~ ~ ~ ~i ~ Z Z ~ o 0 o ~ ~ ~ ~ 6 t~ K ~ w m O ~? ~ w U ~ 7 Z ~ W ~ U w N U w ~ z w Z ¢ ~ o W s ~ w o u~ ¢ F- ~ a ~ J W Z ~ n . . K ? m 93 N M P O M W U' W Q u5 ~ K .XX.yy W I~ ~~- tC Utx-i.O ~ ~ ~ .2Z$' SY. J 1- W Q Z ~~ ~~ o~ m~ as O U Cs Suggested by: AdministrationfCouncil CITY 4F KENAI ®RI7INANCE NO. 2328-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.22.010 AND ENACTING A NEW SECTION OF THE`KENAI MUNICIPAL CODE (KMC 7.30.0201 TO ESTABLISH A NEW INVESTMENT POLICY FOR THE AIRPORT LAND SALE PERMANENT FUND. WHEREAS, KMC 7.30.OI0 (Airport Land Sale Permanent Fund) sets forth the requirements for handling the proceeds from the sale of Airport Land; and, WHEREAS, the Airport Land Sale Permanent Fund is essentially an endowment, the investment proceeds of which are to be used for Airport Fund operations and capital needs; and, WHEREAS, endowments are typically invested. with a longer term investment horizon than other municipal funds; and, WHEREAS, longer term investments such as equity investments and bond investments with maturity dates longer than five years carry higher risk and greater volatility than short term bond investments; and, WHEREAS, these types of investments generally have higher average returns than short term bond investments when considered over the long term; and, WHEREAS; it is in the best interest of the City of Kenai to permit the use of equity securities and longer term bond securities for the Airport Land Sale Permanent Fund because such investments are expected to generate higher returns over time and thus better meet the financial needs of the Airport Fund; and, WHEREAS, using a percent of market value approach for distributing Airport Land Sale Permanent Fund assets will provide for a relatively consistent stream of income to the Airport Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, L) KMC 7.22.010 is amended as set forth in Section I below; and, 2) that the City of Kenai Code of Ordinances is hereby amended by adding a new section to be numbered 7.30.020 which shall read as set farth in Section II below, SECTION I 7.22.010 Scope and objectives. 94 Ordinance No. 2326-2008 Page 2 of 4 (a) This Chanter applies to the 'investment of all City monies held in all City funds, except for pension and retirement monies (ANDj deferred compensation accounts[ and the Airport Land Sale Permanent Fund which shall be governed by KMC 7.30. (b) The City's investment portfolio shall be managed so that the portfolio, as a whole, meets the objectives set forth below. All persons selecting investments for City monies shall adhere to these objectives, which are Iisted in order of relative importance: [1) Safety ofPrincipai; [2) Maintaining sufficient liquidity to meet the City's cash flow requirements, and [3] Achieving a reasonable market average rate of return. SECTION II '7.30.020 Fnvestments. al The permanent fund shall be managed by the finance _director, with. the followin conditions: (1j The finance director will contract out the management of the Airport Land Sale Permanent Fund investments with. one or more professional investment managers with experience handling instituflonal endowment investments. (2) The fund shall be invested in such types of income producing investments limited by section (bj Authorized Investments below and as shall be specifically categories of investments with percentage targets that allow far reasonable fluctuations above and below the target percentage The plan udll establish benchmarks for evaluating performance of each investment manager and asset classification. Investments shall be managed such that the target ranges of the asset allocation plan are adhered to. (3) All income derived from investment of the Airport Permanent Fund, including interest income realized gains and undistributed earnings shall be included in the cornus of the Fnnd and be invested in accordance with section (b) Authorized Investments. (4) Appropriations from the permanent fund may be made as follows: In any fiscal year an amount not to exceed five (51 percent of the five (5) year average of the fund's calendar year end mazket value may be appropriated for Airport operations and capital needs For the first five years the calendar year end market values following the effective date of this ordinance will be averaged to calculate the average fund market value. (S) For the first year FY 2009 the appropriation from the fund shall not exceed the lesser of a1or bj below: a) 5% of the market value of the fund at the effective date of this ordinance 95 Ordinance No. 2326-2008 Page 3 of 4 b) the increase in the market value of the fund from the effective date of this ordinance to Mav 31 2009 (6} a! 5% of the market value of the fund at December 31, 2008 b) the increase in the market value of the fund from the effec (b) Authorized Investments for the Airport Permanent Fund (1) Investments authorized by KMC 7.22.030 {2) Corporate obligations of investment grade quality as recognized by a nationally recognised rating organization If after purchase these obligations are downgraded below investment grade they shall be sold in an orderlc manner within ninety days of downgrading. (3) Domestic Equities which taken as a whole attempt to mirror the mutual funds and exchange traded funds (ETF's1. (4) Domestic Equities which taken as a whole attempt to replicate the Standard & Poor's 400 Mid-Cap Index including both mutual funds and exchange traded funds (ETF'sl. (5) Domestic Equities which taken as a whole attempt to replicate the Standard & Poor's 600 Small-Cap Index including both mutual funds and exchange traded funds (ETF's). (6} International Eguites which taken as a whole attempt to replicate the Morgan Stanlev Europe Australasia Far East (EAFEI Index including both mutual funds and exchange traded funds (ETF'sl. {7) Equities, which. taken as a whole attP~t to replicate the universe of domestic real-estate investment trusts as represented by the Standard & Poor's REIT composite index including both mutual funds and exchange traded funds E{ TF,sI, (8} Emer~intr Market Equities which taken as a whole attempt to replicate the Morgan Stanley Emerging Mazket Index including both mutual funds and exchange traded funds (ETF's1. U Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair their ability to make impartial investment decisions. Such employees and investment officials shall disclose confidentially to the City 1Vlanager any material financial interests in financial institutions that conduct business with the City Employees and officers shall subordinate their personal investment transactions to those of the City particularly with regard to the timing of purchases and sales. [d] The Finance Director shall submit to the City Council a auarterlvsnvestment report that summarizes recent and anticipated market conditions and describes the City's 96 Ordinance No. 2326-200$ Page 4 of 4 investment portfolio in terms of transactions during the quarter maturities, risk characteristics and investment return compared with bud~etary expectations The Finance Director shall submit to the City Council a quarterly investment report that summarizes recent and anticipated market conditions and describes the Citv's investment portfolio in terms of transactinns durin¢ the quarter maturities risk characteristics and investment return compared with Bench Mark Performance Returns. )e) The Finance Director shall establish custody and safekeeping procedures wRth agent for the City. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2008.. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 2, 2008 Adopted: July I6, 2008 Effective: August l6, 2008 Approved by Finance: ~~. (06/24J20081 hl 97 -~~ `3-N~ t ~/ `°!~i'll~~e wetly a Past, Gi~ uJit~t a Futr~~'e" 21D Fidalgo Avenue, Kenai, Alaska 99611-7794 wa~„~~~ Telephone: 947-283-75351 FAX: 907-283-3414 {~ ~1 199) MEMO: T0: City Council FROM: Rick Koch DATE: June 26, 2448 SUBJECT: Ordinance No. 2326-2b4$ The Administration recommends approval of the above referenced ordinance amending the Kenai Municipal bode {KIviC) to establish a new investment policy for the airport land sale permanent fund. While the investment strategies that will be allowed by this amendment cant' additional risk, these investment strategies generally generate higher average returns over the long terns. This investment strategy is appropriate for a fund such as this that is basically an endowment. While this strategy is designed to produce a stable return. of five-percent for appropriation to airport operations, for the first two years the appropriation from the permanent will be limited to the funds earnings, capped at five-percent per year. This will provide a safeguard against a market downturn during the initial two-years of implementation of this investment policy. If you have any questions, please contact me at your conveneince. 98 MEMQRA1Vi}LJM To: Rick Koch, Gity Manager From: Larry Semmens, Finance Director Date: June 24, 2008 Subject: Airport Land Sale Permanent Fund Investment Ordinance Ordinance 2236-2008 provides for investment of the Airport Land Sale Permanent Fund in equity instruments and longer-teen bonds including corporate bonds, The expectation is that over a long time horizon accepting the increased volatility and risk associated with these investment classes will enhance returns. The ordinance also provides the mechanism by which money can be taken out of the Fund, and stipulates that such appropriations may only be used to support Airpart operations or capital needs. The mechanism is known as `percent of market value' and is a common method to utilize endowment fund earnings. The percent to be used is 5°l0 of market value except in the first two years, which could be Less if earnings are less than 5%. This will protect the corpus of the fund for two years. Specifically, the ordinance allows investment in stocks via mutual funds or exchange traded funds (F.TF's} in six categories: Large capitalization stocks intended to duplicate the S&P >00 index Mid-capitalization stocks intended. to duplicate the S&P 400 index Small capitalization stooks intended to duplicate the S&P 600 index Real estate trusi stocks intended to duplicate the S&P REIT Composite index International stocks intended to duplicate the Mozgan Stanley EAFE index Emerging 1Vlarket stocks intended to duplicate the Morgan Stanley Emerging Market index Bond investments will include investment grade corporate bonds as well as longer teen govennnent bonds. The actual target allocation of the investments will be done annually by resolution. A draft copy of the resolution is attached. It sets out target ranges of the above investment classes and provides benchmarks against which the managers and the portfolio will be measured. 99 The recommended asset allocation is exactly as was presented. by Bert Wagnon of Alaska Permanent Capital. It is >5% equity anal 4J% fixed inoome with a projected return of 7.45% and a standard deviation of 11.34°l0. Equities as-e divided into all of the above asset classes with 5% to small cap, rea] estate and emerging markets, 10% to mid cap and international and 20% to Iarge cap. The allocation provides good diversification and should outperform the investments currently allowed. over the long teen. However, it should be stressed thaf the standard deviation of 1 I.34% indicates that returns can be expected to range between almost 19% and negative 4% in any given year. The council wi11 receive quarterly investment results with comparison to benchmark performance. I ?•ecommend that Council adopt the ordinance and. the resolution setting the asset allocation: Over the long term with this approach the Aupor•Y Land Sale Permanent Fund should produce more cash, as well as a more consistent anneal amount, to fund the Airport. 100 Draft Included as backup to Ord 2236-200$ introduction RESOLUTION XXXX A 1tESULUTION OP THE CI'T'Y OF KI;NAI PERTAINI:N~G TO THE INVESTMENT ALLOCATIONS OF T'I-IE AIRPORT PERNiAiv'L;I~tT` FUTTD AND ESTABLISHING APPR,OPRIA"I"E BENCHMARKS TO MEASURE PERFORMANCE WF~IEREAS, the City council is authorfzed to establish investment policies for the Airport Pennaneri Fund; and WEIEREAS, the KMC 7,30.00 (b} penn.its investment of the Airport Pennuient Fund in various asset classes and the eauncil believes that establishing asset allocation orite;ria for these various asset classes is in the best interest of the City of Kenai, and WTIERL:f\5, the council intends to annually review the asset allocations and performance of the Airport Permanent Fund, and WZIEREAS, providing benchmarks to measure the performance of the fund is prudent; NOW, 'I'HEItEFOR BE I'I' RESOLVED BY 1"HE CITY COUNCIL OF THE CITY OF 1~ENAI that Section 1: the eounoil adopts the asset allocations and peri'orrnanee measurement standards as follows: Airport Permanent hand asset allocation plan and perfbnnance measurement targete. The asset allocation plan and target weightings with razige restriction are as follows: ASSET CLASS 'T'A'RGET % WEIGHTING RANGE Pied Income 45 25-65 Large-Cap Domestic Equity 20 17-25 International Equity 10 >-15 Mid-Cap Equities 10 5-15 Small-Cap Equities 5 0-10 h~ternational Emerging Markets 5 0-10 Real-estate equities 5 0-10 101 Section 2: the peri`ormance of the fund and uavestment managers will be measured as follows: Performance measurement of the Fixed income allocation will be measured against the, I"arget weighting, using the Lehman Intermediate Government/Credit Index for the benchmark. Performance measurement of the Large-Cap Domestic Equity allocation will be measured against the Target weighting, using the Standard & Poor's 500 Index for the benchmark. Performance maasurentient of the Laternational Equity allocation will be measured again-st t9re'I'a~rget we'ighti.ug, using the Morgan Stanley Em•ope, Australisia, Par East (SAFE) index for the benchmark. Performance measurement o'f the Mid-Cap Equity allocation will be measm~d against the Target weighting, using the Standard & Poor's 400 Mid-Cap Index as the benchmark. Performamce measureme;i'i~ of the Small-Cap Equity. allocation will be measured against the 'Target weighting, using the Standard & I'?oor's 600 Small-Cap Index as the benchmark. Ierformance measurement of the hsternational Emerging Martcet allocation will be measured against the Ta^get weighting, using Ilse Morgan Stanley Emerging Market btdex as the benclunark. Performance measurement of the Real-Estate Equities allocation will be measured against the target weighting, using the Standard. & Poor's R.EIT Composite h~dex as the benclamarl.. 102 Suggested by: CYTY CtF KENAI No. asz7-coos Planning and Zoning AN ORDINAArCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING A PORTION OF LOT 4, FBO SUBDIVISION NO. 7 AND LOT 5, FBO SUBDIVISION NO. 8 FROM CONSERVATION TO LIGHT INDUSTRIAL. WHEREAS, the 2003 City of Kenai Comprehensive Plan recommended a revision of zoning of airport properties to comply with future expected uses; and, WHEREAS, the Airport Supplemental Plan supports rezone of airport lands to allow for Federal Aviation Authority (FAA) authorized uses; and, Vi1HEREAS, the area to be rezoned is subdivided; and, WHEREAS, the area to be rezoned includes parcels zoned Light Industrial (IL) and Conservation (C); and, WHEREAS, the rezone will eliminate asplit-zone situation; and, WHEREAS, the rezonuig to Light Industrial would permit uses as allowed by the Federal Aviation Authority (FAA) and eansistent with airport development; and, WHEREAS, the Plannuig and Zoning Commission held a public hearing on June 2~, 2008 and voted unanimously to recommend the properties be rezoned; and, WHEREAS, the area to be rezoned is shoum on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to the Light Industrial zone (IL). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this l6~ day of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk Introduced: July 2, 2008 Adopted: July 16, 2008 Effective: August 16, 2008 103 Ordinance No. 2327-2008 Attachment A t_egend 104 -.. -~'~-'~ F_-~'~Y /% ft,~~,ryoj // KENA~ SKik CITY OF KENAI PLA?e'NIN'G AND ZONING COM>VIISSION RESOLUTION NO. PZ08-34 REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COIvIMISSION OP THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Rick Koch. Citv Manager. City of Kenai ADDRESS: 210 Fidalao Avenue. Kenai, AK 99611 LEGAL: Lot 4 FBO Sub. No 7 & Lot 5 FBO Sub No 8 PARCEL #:04336040 & 04336043 WHEREAS, the C:omntission finds the following: The subject properties are currently zoned Split (Conservation & Light Industrial) & Conservation 2. The present land use plan designation is Airport hidustrial & Airport-Dependent Development District 3. The proposed zoning district is IL-Light Industrial 4. Aii appropr.ate public ticFu`ing as reyu;red was eviidiicted 3une 2:i 2v08 5. That the foIlovring additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and "coning Commission of the City of Kenai that the petitioned REZONING of Lot 4, FBO Sub. No 7 & Lot 5 FBO Sub No 8 as shown an Attachment B is hereby recommended to the Kenai City Council. PASSER BY THE PLANNING ANI) ZONING COIVIIVIISSION OF TFIE CITY OF KENAI, ALASKA, 3nne 2:5, 2008. CIIAIRPE,RSO ": ( -,. ATTES'~'.-' ' ~ ~~„~ 105 Suggested by: Planning and Zoning CYTY OF KENAI ORDYN.4RTCE NO. 2328-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONIATG MAP BY REZONING TRACT A, GUSTY SUBDIVISION NO. 3, TRACT B, GUSTY SUBDIVISION NO. 6, AND TRACT C-1, GUSTY SUBDIVISION NO. 7 FROM CONSERVATION TO LIGHT INDUSTRIAL. WHEREAS, .the 2003 City of Kenai Comprehensive Plan recommended a revision of zoning of airport properties to comply with future expected uses; and, WHEREAS, the Airport Supplemental Plan supports rezone of airport lands to allow for Federal Aviation Authority (FAA) authorized uses; and, TATHEREAS, the area to be rezoned is subdivided; and, WHEREAS, the parcels are zoned Conservation (C); and, WHEREAS, the rezoning to Light Industrial would permit uses as allowed by the Federal Aviafion Authority (FAA) and consistent with airport development; and, WHEREAS, the Planning and Zoning Commission held a public hearing on June 25, 2008 and voted unanimously to recommend the properties he rezoned; and, WHEREAS; the area to be rezoned is shown on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shoam on Attachment A to the Light Industrial zane (IL). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of Juiy, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 2, 2008 Adopted: July 16, 2008 Effective: August 16, 2008 106 Ordinance-No. 2328-2008 Attachment A Legend ...e. ~ ~~ ~ ~.a~m~ ~ ~,«...~~,m:: 107 r}'~~'~, CLTY OF Ki;NAI P_ ' ta~ ' PLANNING AND ZONING COMMISSION " - RESOLUTION NO. PZOS-35 \\ ty~~='~r~f REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED RELONIl~'G SUBMITTED BY DAME; Rink Koch. City Manager. City of Kenai ADDRESS: 210 Fidaleo Avenue, Kenai, AK 49611 LEGAL`. Tract A, Gusty Subdivision No 3. Tract B, Gusty Subdivision No 6 and Tract G 1 Gusty Subdivision No 7 PARCEL #: 04327021 04327035 & 04327034 WHEREAS, the Commission finds the following: 1. The subject properties are currently zoned Conservation 2. The present land use plan designation is Airport Industrial 3. The proposed zoning district is IL - Lielat Industrial 4. An appropriate public hearing as required was conducted June 25, 2008 S. That tlxe following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE TT RESOLVED, by the Planning and ,Zoning Commission of the City of Kenai that the petitioned REZONING of Tract A, Gusty Subdivision No. 3, Tract B, Gusy Subdivision No. 6, and Tract C-1, Gusty Subdivision No 7 as shown on Attachment B is hereby recommended to the Kenai City Council. PASSEII BY TIIE PLANNING AND ZONING COMMISSION OJr TIIE CITY OF KENAI, ALASI£A, Jenne 2S. 2008. CHAIRPERSON: ~p4 ATTEST: ~t~- i b 108 Suggested by: Planning and Zoning CITY OF F~ENAI ORDINANCE NO. 2329-2p0$ AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT lA OF BUFFALO RUN 2008 REPEAT (PRELIMINARY PLAT) CONSISTING OF APPROXIMATELY 72 ACRES FROM SUBURBAN RESIDENTIAL AND RURAL RESIDENTIAL TO RURAL RESIDENTIAL. WHEREAS, the owner of this properly is in the process of replattirxg this property and as result of that plat asplit-zone was discovered; and, WHEREAS; the Planning and Zoning Administration recommended and the Commission concurred that prior to recording the final plat, a rezone should be initiated to eliminate the split-zone situation; and, WHEREAS, the owner of this property has initiated the request to rezone the property; and, WHEREAS, the property is currently zoned Suburban Residential and Rural Residential; and, WHEREAS, the Zoning Code, identifies the Suburban Residential zone as, "intended to provide for medium density residential development in areas which will be provided with common utility systems"; and, WHEREAS, the Zoning Code, identifies the Rural Residential zone as, "intended to provide £or low density residential development in outlying and rural areas in a farm which creates a stable and attractive residential environment"; and, WHEREAS, the request is to rezone the parcel to Rural Residenfial; and, WHEREAS, the 2003 City of Kenai Comprehensive Plan identifies the parcel as Neighborhood Residential and, WHEREAS, the 2003 City of Kenai Comprehensive Plan defines Neighborhood Residential as, "consists of single-family and multi-family residential areas that are urban or suburban in character. Typically, public water and sewer services are in place or planned for installation...."; and, WHEREAS, the area more closely identifies with the Rural Residential designation in the Plan which is defined as, "The Rural Residential district includes areas that, due to locaiion or site conditions, are best suited for large-lot single-family residential development. Homes in this district typically rely on individual on-site water supply and wastewater disposal systems....." ;and, 109 Ordinance No. 2329-2008 Page 2 WHEREAS, without extension of water and sewer mains, water and sewer is not availalale; and, WHEREAS, the request is to rezone the parcel to Rural Residential appears to meet the intent of the zoning ordinance and the Comprehensive Flan; and, WHEREAS, the rezone will eliminate a split-zone situation; and, WHEREAS, the Planning and Zonixig Commission held a public hearing on June 25, 2008 and c=oted unanimously to recommend the properties be rezoned; and, WHEREAS, the area to be rezoned is shown on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment'A to the Rural Residential Zone (RR). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 2, 2008 Adopted: July 16, 2008 Effective: August 16, 2008 110 Legend o ~ ~ ,~~~.~ o ~.~~..~ ~ .~ro~.a 111 Ordinance No. 2329-2008 Attachment A R-s,,;i:`~, CITY OF KENAI PLANNING ANL? ZONING COMMISSION RESOLUTION NO. PZ08-38 t~reciLyoJ REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OP THE REQUES'T'ED REZONING SUBMITTED BY NAME: Bill E Zubeck ADDRESS: 404 Swires Road Kenai Alaska 99611 LEGAL: Tract 1A Buffalo Run 2008 Replat PARCEL #: 04103045 & Portion of 04103046 V~rHEREA5, the Commission finds the following: 1. The subject property is currently zoned Suburban Residential & Rural Residential 2. The present Land use plan designation is Nei borhood Residential 3. The proposed zoning dastrict is Rural Residential 4. An appropriate public hearing as regtiired was conducted 3une 25 2008 5. T1-~at the fallowing additianal facts Nava been found to exist: a. That the proposed rezone eliminates. asplit-zone situation. 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVER, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Tract lA. Buffalo Run 2008 Replat is hereby recommended to the Kenai City Council. 11~ Suggested by: Administration CITY OF KEPIAI ORDI1tTANCE NO. 2330-2408 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE AIRPORT SPECIAL REVENUE FUND AND THE COURTHOUSE PARKING CAPITAL PROJECT FUND FOR ENGINEERING. WHEREAS, the State of Alaska has requested the City of Kenai to construct a parking lot on City property adjacent to the Kenai Courthouse; and, WHEREAS, the State of Alaska intends to lease the parking lot from the City on a long term lease; and, WHEREAS, this lease would provide revenue to the Airport Fund; and, WHEREAS, it is in the best interest of the City of Kenai to design the parking lot at this time; and, WHEREAS, funds are available in the fund balance of the Airport Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues anal appropriations be increased as follows: Airport Special. Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $25,000 Increase Appropriations: Transfer to Capital Project Fund $25,000 Courthouse Parking capital Project Fund Increase Estimated Revenues: Transfer Pram Airport Special Revenue Fund $25,000 Increase Appropriations: Construction $25,000 113 Ordinance 2330-2008 Page 2 PASSED BY THE COUNCIL OF fiHE CITY OF KENAI, ALASKA, this 16th day of July, 2008. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: Adopted: Effective: July 2, 2008 July 16, 2008 July 16, 2008 Approved by Finance: ---k ""_ (06/26J2008~ hl 114 //~M~' .t'SfUyiM~1. '_ theoxtyof KENA~ SKA "V°Ela~e with a Past, pity wit~r a F~t~ca~e" 210 Fidalga Avenue, Kenai, Alaska 99611-7794 ~p i~ i Telephone: 907-283-7535 /FAX: 907-283-3014 tsez MEMO: TO: City Council FROM: Rick Koch DATE: June 26, 2008 SUBJECT: Ordinance No. 2330-2008, Courthouse Parking Lot The Administration. recommends approval of the above referenced ordinance appropriating funding for the design of a municipal airport-awned parking lot located on airport property adjacent to the State of Alaska Courthouse. The Court System has tentatively agreed to a lotzg-term lease foc the parking lot from the airport, and received funding for that puzpose in the SFY 09 operating budget. The aimort investment in Phis proiect is proiected to be fully recovered within a period of ten yeaz~s or less. If you have any questions please contact me at your convenience. 115 Suggested by: Councilors Boyle, Molloy and Smalley CYTY CS&` I{EN,~I aaznaxArzcE N~. ~aaa-coos AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING A NEW SECTION OF THE KENAI MUNICIPAL CODE (KMC 13.20.040) TITLED "TRESPASS" MAKING IT A VIOLATION TO TRESPASS UPON REAL PROPERTY. WHEREAS, the City of Kenai Municipal Code does not contain a section regarding trespass upon real property that is generally applicable to public or private property; and, WHEREAS, prevention and enforcement of trespass under state law is inadequate; and, ~rHEREAS, Kenai property owners, such as those located on the Kenai River Bluff, do not have adequate means to prevent and enforce trespass upon their property and the physical damage to the environment it can create; and, WHEREAS, as a home rule municipality, the City of Kenai has authority to enact its own trespass ordinance; and, WHEREAS, it is in the bast interest of the City of Kenai and its citizens to enact a generally applicable trespass ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a new section'to be numbered KMC 13.20.040 which shaIl read as follows. I3.20.040 Trespass (a) It is a violation to remain or enter in or upon real property or buildings, whether publicly or privately owned, without permission or legal privilege when.: (1) the person has actual notice the property is not open to htm or her, having been personally notified against the trespass by the property owner or someone with apparent authority to act for the oc~mer; or (2) there is fencing or other enclosure obviously designed to exclude intruders; or (3) in violation of reasonably marked and posted "No Trespassing" signs prohibiting or limiting entry or use of the property; or (4) the person is personally and lawfully directed or requested to leave the real property by the property owner or someone with the apparent authority to act for the ow~zer. (b) Violation of this section is punishable as provided in KMC 13.05.010. 116 Ordinance No. 2331-2008 Page 2 PASSED BY' THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16~~ day of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 2, 2008 Adopted: July 18, 2008 Effecfive: August 1$, 2008 117 SUBSTITUTE Suggested by: Councilors Boyle, Molloy and Smalley CITY OF KENAI ORDINANCE NO. 2331-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING A NEW SECTION OF THE KENAI MUNICIPAL CODE (KMC 13.20.040) TITLED "TRESPASS" MAKING IT A VIOLATION TO TRESPASS UPON REAL PROPERTY. WHEREAS, the City of Kenai Municipal Code does not contain a section regarding trespass upon real property that is generally applicable to public or private property; and, WHEREAS, prevention and enforcement of trespass under state law is inadequate; and, WHEREAS, Kenai property owners, such as those located on the Kenai River Bluff, do not have adequate means to prevent and enforce trespass upon their property and the physical damage to the environment it can create; and, WHEREAS, as a home rule municipality, the City of Kenai has authority to enact its own trespass ordinance; and, WHEREAS, it is in the best interest of the City of Kenai and its citizens to enact a generally applicable trespass ordinance. NOW, THEREFORE, BE iT ORDAiivED BY THE CGiiNCiL OF THE CITY OF KEivr`~i, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a new section to be numbered KMC 13.20.040 which shall read as follows. 13.20.040 Trespass (a) It is a violation to remain or enter in or upon real property, whether publicly or privately owned, without permission or legal privilege when: (1) the person has actual notice the property is not open to him or her, having been personally notified against the trespass by the property owner or someone with apparent authority to act for the owner; or (2) there is fencing or other enclosure obviously designed to exclude intruders; or (3) in violation of reasonably marked and posted "No Trespassing" signs prohibiting or limiting entry or use of the property; or (4) the person is personally and lawfully directed or requested to leave the real property by the property owner or someone with the apparent authority to act for the owner. (b) Violation of this section is punishable as provided in KMC 13.05.010. SUBSTITUTE Ordinance No. 2331-2008 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 2, 2008 Adopted: July 18, 2008 Effective: August 18, 2008 GIZAN'r or ~ASEI~ENT The mldersigned LOWE'S HIW, INC., Washington Corporation a (hereinafter called GRANTOR}, whose address is 1530 Faraday Ave., Ste. 140, Carlsbad, CA 92008, for goad and valuable consideration, receipt of which is hereby acknowledged, does hereby grant and convey to the CITY CF KENAI (hereinafter called GRANTEE}, whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, its successors and assigns forever the following slope easements with the right, privilege and auflzority to the City, its successors and assigns, for use as easements; including the right to construct, operate and maintain access-related public improvements of all kinds within the easement areas in the City of Kenai, Kenai Recording District, described on Exhibits "A" and "B." Which property shall be legally described as follows: T 6N R 11W SEC 32 & 33 SEWARD SW IZN 2006025 Baron Park 2006 Replat Lat A, Ttecords of the Kenai Recording District. Tlie said GRANTOR is to fully use and enjoy said premises except for the purposes herein granted to the said GRANTEE and provided the said GRANTOR shall not construct or permit to be constructed any structures of obstructions on or over said easement that will interfere with use and maintenance of utility and road access. DATED this __ day of _~ 2008. GRANTOR GRAN'T'EE LOWE'S, HIW, INC. CITY OF KENAI $y; By: Print: Rick R. Koch Title: City Manager Approved as to form: ~~~ Care R. Graves. City Attorney URANT OF EASEMF,NT Page t of 2 118 STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2008, ,the of LOWE'S I-IIW, INC., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the volmrtary and authorized execution of the foregoing instrument. Notary Public for the State of Alaska. My Commission Expires: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 2008, RICK R. KOC,H, Kenai City Manager, being personally known to me or having produced --,. r~' '-~'---_ °c :a__.::. ,. .._ a C.,.F,.«,.. ..,..,> „«d i.«......i o.7,....A.rl,~ Jdu3Ldc.tUry evl(iClll:c Vl iucttul~Catlt7II, aypcar^cu ~~tv,c. au~ cui ao...av w,.,usw ...~ vohultary and authorized execution of the foregoing instrumea~t. Notary Public for the State of Alaska. My Conunission Expires: GRANT OF EASE3vtEA'T Page 2 of 2 119 _ CURVE TABLE i'`~ EXHIBIT A CURVE LENGTH TANGENT I RADIUS DELTA ~`~~C3\ C7 82.34' 4?.61' -230. GO' 20'30'36" CFO ~~ CZ 19.9 9.99' 230.00' 4'58'29" / (S 6": y~ i ~7~ Fq~ LINETABLE__ //~ ~ X23 E'CCFSs LINE LENGTH BEARING / / ~ ~ 320: L7 740.29' S 02'08'06" E / i L2 20.00' S 06'23"39" W // L3 I. 29.28' N 36'27'27 " N/ I / / ~ / ~ , . - - - / ", ~ , . ~~ ~ ~~ J `\\~ I ~ i rn-d l , M- tt +i ~ N,~~ J 1 ~ ~ N ~, Y ~ J~ ~ (~ i ~ 0 7' a ~ ~i R I ~I ,-, .~ (, _; , N ~ I, 1 IJ (I ~ i~ V > I ~ ~ ~ .I !r ~''- 100' Ii RON/ ~ ~- 1 / / // /4~ i~ i h POB C2 / o° i F~ ~, , / ~~ ~ ~I ..,~ / ti ~ ~ N JO' ~ / ~2 i ~ ~ ~~ ~ , / ~Q% i ~ / s ~ ~ , / ~; ~ ~ , , / QA ~ `~~ /~eo~ ,'~ ----' / /~ /sD. ~ ~ ~O~' ' ' ' uTiurr . o ` EASEMENT, TYP i ., ~ . ,.i?iiii -..., ~TT~~~~LEND !1/_/~ SLOPE EASEMENT POB TRUE POINT OF BEGINNING ( ) RECORD DATA PER PLAT2006-25 ~~ HATi'ENBUftG DILLEY & LINNELL I SLOPE EASEMENT Engineering Consultants I LDT A, BARON PARK 2006 REP~A7 3335 Arctic Blvd, Anchorage, AK, 99503 (907}564-2920 MARATHON ROAD IMPROVEMEN?S, KENAI ALASY,A (NEIL PROJECT ~/ D7-032) CHECKED BY DRAFTED BY PP.GE ? OF 2 DATE 6 9,2008 EASEn-0ENT AREA 796.5 SF SCALE: ?°=200' DATE: 6/9/2008 SE N0.1 -PARCEL N0.1 120 CURVE3ABLE~ Exhibit CURVE LENGTH TANGENT RADIUS DELTA ~ ~ /~~ o C7 -,.l 82.34' i 4 i.6 i' j .230:00' 2D'30'36" `~. ~~ ~: ~ t ~ ~~~q LINE TABLE /fi ~ i ~Yr,~`'s~gG'CF~ ~ , LINE LENGTH SEARING / ~l i \~~ ~ ~ Jss ~r'D L 1 ~ 140.29' S 02'08'06" E / I ~/ ~ ~ ~ 2024 ~ ,J L4 20.OD' S 67'17'25" E~ / li ~~ ~ (C7~ ~-~ LS 28.28' S 73'42' 7 7" U/ i ' ~ `' IJ- L6 20.0O' N 28'<2'00" E // d~ ~~ I ~ ~ U / O , / ~ ~ I p N ~I / ~41 i/ ~ 3p. ~POB~s, j ° I it R / N i i tp~ Iq ~1 ~ TI 'a. / O'J~ i v/ 11 1'1 3 /pp..(~, ~/ ~l 1 1 4 ~~ Q fi s° QP ' . / 7 nj i ~ / / \` / I ___ 1 I I /Qr~~ /i ~ w I ~ I g /6~, i ~ j o I i H I x ~RO~/ ~ 7a' uruTY ~ N ~ )~ g EASEMENT, TYP ~~,. I ~I / ;. ::• I _ i ~N'~_ Lor A ~ ~ ~ , ~~ s 0j~7g ~.~ i ROW { ~ Gam" ~~~ i I i ~ 1. b &j8~~ I I+ '/9~~~. ~ EGEND O1' SLOPE EASEMENT „~' i ~ I °; P08 TRUE POINT OF BEGt NNING . ~'~ I ~ ' ( } RECORD DATA PF_R PLAT 200E-25 E HATTENBURG !)ILLEY & LINNELL SLOPE EASEMENT Engineering Consultants lOT A, BARON ?ARK 2000 REP(AT ¢ 3335 Arctic Blvd, Anchorage, AK, 99503 (907)564-2520 MARATHON ROAD IMPROVEMENTS, KENAI ALASKA p (HOL PROJECT #~ 07-032) k CFtECKFD BY BJ~ EASEMENT AREA ~ 20G SF DRAFTED EY ~,_„__ MMHN SCALE __ 1"=200' pATE. _9_/2008 PACE ? of z DATE _ s s 2008 SE NO.2 - PAfiCEL N0,1 121 ~~ N~k ppg!tI9Ep~@reug~ty ogf/~f (g~ [1CIiH~~,~ilj6/X~RkI V "l/il/a~e with a Past, Git~ wit~t a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 „~~.~~, Telephone:907-283-7535/FAX:907-283-3014 i~~~~i 1992 MEMO: FC3: City Gouncii /~~, FRONf: Rick Koch fUp~" BATE: June 26, 2008 SUBJECT: Grant of Easement from ~owe's HtW to the Gity of Kenai The purpose of the attached grant of easement is to provide access to small areas of Lowe's property to facilitate the improved roadways on Marathon Road, HEA Access Road, and Baron Park Lane. The code requires the Council approve the acceptance of the easement. This can be accomplished by motion. Administration recommends approval o1'the acceptance of the Grant of _F.asement. 122 COUgNCILyONfyAG(yyI®IITG 6d V NE I2, LtlO&JQ KENAISyE~~NyIOgR{~CENTER P:iJ® S~LtB• AGENDA ITEM I: CALL TO ORDER 8s ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUIi2MARY -- May 8, 2008 YTEM 4: PERSONS SCHEDULED TO BE HEARD a. Alaska Legal Services Representative ITEM 5: OLD BUSTNESS a. Discussion -- Fourth of July Booth ITEM 6: NE®fi BUSINESS a. Discussion -- By-Laws Change b. Discussion -- Funding ITEM T: REPORTS a. Council on Aging Chair 1a. Director c. Council Liaison ITEM 8: OUESTIONS & COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATYON a. 'Council Action Agendas of May 20 and June 4, 2008. ITEM I1: ADJOURNMENT 123 GOUNGIL ON AGING JUNE 12, 2008 KENAI SENIOR CENTER 7:00 P.M. GHAIR JOANNA HOLLIER, PRES%DING MEEfiING SUMMARY ITEM 1: GALL TO ORDER ~ ROLL GALL Chair Hollier called the meeting to order at approximately ?:00 p.m. Roll was confirmed as follows: Members present: J. Hollier, L. Flowers, E. Jones, V. Geller, B. Osborn, M. Milewski, and H. Bronner Members absent: R. Jurgensen and F. Wilson Others present: Acting Senior Director K. Romain and Council Member B. Eldridge A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Member Osborn MOVED to approve the agenda as presented. Member Flowers SEGONDED the motion. There were no objections. SO ORDERED. smc+r~r s. e$o4ncrer nR ~IEtrmrr~r_ cYruenae~nv __ ~rtay g ~nng a s •."ara raa s cwv r a-aaw v IfiEM 4: PERSONS SGIiEDULED TO BE HEARD 4-a. Alaska Legal Services Representative Liz Deduc of Alaska Legal Services Corporation discussed her organization and matters for which they were available to assist, i.e. elder law, wi11s, Power of Attorney; consumer issues, appeals, family law; noted the organization's assistance was not income based; priority is set for lower income services; and, a representative visits area senior centers monthly by appointment. ITEM 5: OLD BUSINESS 5-a. Discussiaae -- Fourth of July Booth Members discussed plans for the Fourth of July pie booth and. the need for rhubarb and volunteer help was noted. 124 ITEM fs: NEW BUSINESS 6-a. Discussxan -- By-Laws Change Robmain gave a brief history related to the members' desire to appoint fiocla Wilsan an honorary member; noted there was no process available in the current by-laws to accomplish that; noted a motion would be needed to recommend a change to the by-laws to provide for appointment of honorary members; and, noted the honorary member(s) would have no voting powers. MOTION: Member Flowers MOVED to recommend a change to the by-laws to allow for the appointment of honorary members and those persons would have no voting powers. Member Jones SECONDED the motion. There were no objections. SO ORDERED. 6-b. Discussion -- Funding Romain noted, amounts of funding would probably be mare than last year, i.e. the United Way funding was $b00 less than requested and the State and Borough grants were expected to be increased by ten percent. ITEM 7: REPORTS 7-a. Council an Aging Chair-- Hollier stated it was good to know funding was expected to be better than 1_ast year. 7-b. Director -- Romain noted Director Craig was attending a condensed grant workshop in Anchorage. ?-c. Council Liaison -- Council Member Eldridge reviewed the council meeting action agendas and actions taken. ITEM 8: 4UESTIONS 8z COMMENTS General comments were made related to the appointment of Larry Semmens as the new Soldotna city manager. Osborn encouraged everyone to enlist volunteers for the July 4th booth. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. COUNCIL ON AGING MEETING JUNE I2, 200$ PAGE 2 125 ITEM I®: INF'ORIVLAiTIC?N 10-a. Council Action Agendas of May 20 and June 4, 2008. ITEM I1: E4DJ'®4TRI3MEI~IT MDTIC}NF: Member Jones MOVED to adjourn the meeting and Member Osborn SE~CAIdDED the motion. There were no objections. There being no further business before the Commission, the meeting adjourned at approximately 7:40 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING JUNE 12, 2008 d~~ PAGE 3 °`~ ~~ " CITY flF KENAI PLANNING & Z®NING C®I AGENI3A GITY G4UNGIL GYiAMBERS June 25, 2008 - 7:00 p.m. 1. GALL TO mRI)ER: a. Roll Gall. b. Agenda Approval c. Cansent Agenda d. *Excused Absences i Kurt Rogers *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. *APPI20VAL QF MINUTES: a, *June I1, 2008 3. SGBEDULED PUBLIC Ct'IMMENT: {10 Minutes) a. Ray Espy -Planning for Future Cell Towers 4. G®NSIDERATION OF PLATS: 5. PUSLIG BEARINGS: a. PZ08-34 - An application to rezone properties known as Lot 4, FBG Subdivision No. i ov Lot 5, FBG Subdivision No. 8 (525 iw 535 North Wiiiow Street) from Conservation io light Industrial. Appucaiian subrrutted by Rick Koch, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. b. PZp8-35 - An application to rezone properties known as Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 {410, 420 8v 400 Coral Street) from Conservafion to Light Industrial. Application submitted by Rick Koch, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. c. PZ08-36 - An application for a Variance from height restrictions for an 80-foot cell tower for the property known as Lot 1-A, Grace Brethren Replat #2 (406 McCollum Drive), Kenai, Alaska. Application submitted by Alaska Digitel, 3127 Commercial Drive, Anchorage, Alaska. d. PZ08-38 - An application to rezone properties known as Buffalo Run Subdivision Phase 1, Tract 1 and Tract A Swires Subdivision Amended Excluding Buffalo Run Subdivision Phase 1(Tract lA Buffalo Run Replat Preliminary Plat), 314 Swires Raad from Suburban Residential to Rural Residential. Application submitted by Bill E. Zubeck, 414 Swires Road, Kenai; Alaska. 6. OLZ9 BUSYNESS: 12 Agenda Jvne 25,2008 Rage 2 7. NEW 13USINESS: a. Lease Application -James H. Doyle, djbJa Weaver Brothers, Inc. -Tract B, Gusty Subdivision No. 6 -Discussion. b. Amendment to KMC 14.20.200 (aj -Discussion -Set public hearing. S. PENDIPIG ITEMS: a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. 9. REPORTS: a. City Council b. Borough Planning c. Administration L0. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. YNFdRMATION LTEMS: a. PZ08-37 -Landscape/Site Plan - A.F.S.S. Building - 470 N. Willow Street b. Request for excused absence -Commissioner Rogers c. Planning & Zoning Comrnission Roster d. Zoning Bulletin -June 10, 2008 I2. COMMISSION COMMENTS & QUESTIONS: I3. AIIJOURNMENT: 12 CITY OF KENAI PLANNLNG & ZONINfx COMMISSION JUNE 25, 2008 7:00 P.M. CITY COUNCLL CIiAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 2: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:01 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: R. Wells, J. Twait, P. Bryson, J. Brookman, K Koester, S. Romain Commissioners absent: None Others present: City Planner M. Kebschull, Council Member R. Ross, Planning Administrative Assistant N. Carver A quorum was present. I-b. Agenda Approval Commissioner Brookman read the following lay dawn items: ADD T®: 3-a. Scheduled Publac Comment • Cell towers within four miles of McCollum D_*iBe, Kenai • Antennas within four miles of McCoIIum Drive, Kenai • Electromagnetic Fields (EMF) Protectian -- United States • Electromagnetic Fields (EMF) Protection -- Norway • "Guidelines for Limiting Exposure to Time-Varying Electric, Magnetic, and Electromagnetic Fields (Up to 300 GHzj" (Norway's Guidelines) 5-c. PZ08-36 • Letter with attachments from Alaska Digitel MOTION: Commissioner Brookman MOVED to approve the agenda with the noted laydown items included and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. l-c. .Consent Agenda 12~ MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Esccused Absences • Kurt Rogers *All items listed with an asterisk (*j 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: *APPROVA.L OF MYNUTES -- June 11, 2008 Approved by consent agenda. ITEM 3: SCHEDULED PUSLIC COMMENT 3-a. Ray Espy -Planning for Future Cell Towers Roy Espy, 403 McCollum Drive, Kenai -- Espy requested the City pursue a moratorium on cell phone towers, establishing suitable locations, giving time to assess the needs of the community, allowing cell phone companies to disclose areas, and establishing a policy to "hide" towers when appropriate. BREAK TAKEN: 7:15 P.M. BACIF TO ORDER: 7:~0 n~m_ ITEM 4: CONSIDERATYON OF PLATS -- None ITEM 5: PUSLIC HEARINGS 5-a. PZ08-84 - An application to rezone properties known as Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 (525 & 535 North Willow Street] from Conservation to Light Industrial. Application . submitted by Rick Koch, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the rezone would eliminate a split zone and was recommended by the Supplemental Airport Master Plan and the 2003 Comprehensive Plan. PLANNING & ZONING COMMISSION MEETING JUNE 25, 2008 I~y~ PAGE2 ~~~ Twait read the rules for public hearing and opened the floor to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ08-34 with staff recommendations. Commissioner Brookman SECONDED the motion. VOTE: 5-b. PZ08-35 - An application to rezone properties known as Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 (410, 420 & 400 Coral Street) from Conservation to Light industrial. Applicarian submitted by Rick Koch, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Kebschuli reviewed the staff report included in the packet, noting the rezone would eliminate the non-conforming issue for the lessee and was recommended by the Supplemental Airport Master Plan and the 2003 Comprehensive Plan. Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash Avenue, Kenai -- Spoke against the rezone and suggested it be zoned the same as the surrounding properties. There heing,no further comments, the public heazing was closed. MOTION: Commissioner Romain MOVED to approve PZ08-35 with. staff reeommendafions and Commissioner Bryson SECONDED the motior_. Commissioner comments noted the gully to the north of the property would provide a buffer along Birch Street. VOTE: PLANNING 8v ZONING COMMISSIOAT MEETING JUNE 25, 2008 PAGE 3 1 MOTION PASSED UNANEMOUSLY. MOTION PASSED. 6-c. P20$-36 - An application for a Variance from height restrictions for an 80-foot cell tower for the property known as Lot 1-A, Grace Brethren Replat #2 {406 McCollum Drive), Kenai, Alaska. Application submitted by Alaska Digitel, 3127 Commercial Drive, Anchorage, Alaska. Kebschull reviewed the staff report included in the packet, noting Alaska Digitel had previously applied for a variance fora 120-foot cell tower on this site and the variance was denied. She recommended. denial of the variance, noting the findings within KMC 14.20.180, and stated all conditions could not be met. Twait opened the meeting to public hearing. Nick Miller, Alaska Digitel, 3127 Commercial Drive, Anchorage -- Stated he believed they met the five conditions. Miller noted Alaska Digitel had met with neighbors and made the following changes: lowered the tower to 80 feet, would not install lights, and, would paint the lower tower brown to blend with the trees. Miller presented information on the safety of cePl towers, no`ang placement should not be denied based upon health concerns. Commissioner concerns included: e If the tower were lowered to 35 feet, they would need seven to eight sites io have similar coverage. Density of trees would be more of a problem with signal loss than single tall trees. Same cell companies have standing agreements to share towers. Ray Espy, 403 MoCoIlum Drive, Kenai -- Spoke against the variance. Debbie Soaberg, 410 CindereIla, Kenai -- Spoke against the variance, but in favor of working with the city and cell phone companies to plan for the future, suggesting commercial property in the area. Patricia Falkenberg, 399 McCollum Drive, Kenai -- Spoke against the variance, stating she did not want the tower in a residential area, was concerned with property values, and very concerned Alaska Digitel started the building process before permits were received. Becky Espy, 903 Magic, Kenai -- Spoke against the variance. Janine Espy, 403 McCollum Drive, Kenai -- Spoke against the variance. Stated she appreciated the community meeting set up by Alaska Digitel; Grace Brethren Church apologized to the neighbors and agreed to not accept payments from Alaska Digitel. Espy stated concern this would allow them to use the property far free. She requested support of the moratorium or an ordinance change. PLANNING 8, ZONING COMMISSION MEETING JUNE 25, 2008 PAGE 4 132 Billy Stuart, 401 McCclluxn Drive, Kenai -- Spoke against the variance. Sylvia Stuart, 401 MeG®lluxn Drive, Kenai -- Spoke against the variance, noting she felt deceived by Alaska Digitel and was concerned about propertg values: Wayne Hearer, Alaska Digitel, 31.27 Coxnrnercial Drive, Ancharage -- Shared information on market value effect relative to cell tower proximity or view. Nick Miller, Alaska Digitel, 3127 Comxnexcial Drive, Arch®rage -- Questioned signal strength with tao many towers in the area, stating it was just coincidental. Noted testing might affect Alaska Digitel customers but not other cell users. fihere being no further comments, the floor was closed to public hearing. MOTION: Commissioner Romain MOVED to approve PZOS-36 and Commissioner Bryson SECONDED the motian. Commissioner comments included commercial property in the area belonged to the borough, and permitting would take at least six months. VOTE: MOTION FAffi.ED. Twait read tkte 15-day appeal process procedure. MOTION: Commissioner Romain MOVED to adopt the findings; the application for variance was denied because Alaska Digitel did not meet fmd%ngs one, two and four of KMC14.20.180. Commissioner Wells SECONDED the motion. MOTION TO AMEND: Commissioner Wells MOVED to amend the motion to read "did not meet findings two and four of KMC14.20.180." Commissioner Bryson SECONDED the motion. vOTE ®N T13E AMENDMENT: ,-Wells YES 'I`wait YES Br son YES PLANNING &, ZONING CdMMISSION MEETING 3UNE 25, 2008 PAGE 133 Rogers ( EXCUSED Brookman YES ; Koest_e_r NO_ Romain NO ~ ~ I MoTZON PASSED. MOTION Ta AMEND: Commissioner Bryson MOVED to amend the motion by adding "including staff comments" after KMC14.20.180. Commissioner Romain SECONDED the motion. VOTE ON THE AMENDMENT: Wells YES I Twait YES Bryson YES Rogers EXCUSED I Brookman , YES Koester ~ YES j Romain YES ~ MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: i Wells YES Twait j YES ~ Bryson ;YES Rogers I EXCUSED Brookman YES ,Koester YES Ramain ~ YES MOTION PASSED UNANIMOUSLY. 5-d. PZO8-38 - An application to rezone properties known as Buffalo Run Subdivision Phase 1, Tract 1 and Tract A Swires Subdivision Amended Excluding Buffalo Run Subdivision Phase 1(Tract lA Buffalo Run Replat Preliminary Plat), 314 Swires Raad from Suburban Residentiat to Rural Residential, Application submitted by Bill E. Zubeck, 414 Swires Rcad, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the rezone would eliminate a split zone. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ08-38 and Commissioner Wells SECONDED the motion. VOTE: PLANNING &, ZONING COMMISSION MEETING JUNE 25, 2008 PAGE 6 134 Wells ,YES Twait ;YES Bryson ~ YES Rogers EXCUSED Brookman ~ YES Koester f YES Romain YES ~ ~ i MOTION pASSED UNANIMOUSLY. ITEM fr: OLD BUSINESS -- None ITEM 7: NEW BUSINESS 7-a. Discussion -- Lease App1scatioxt -James H. Doyle, d/b/a Weaver Brothers, Inc. -Tract B, Gusty Subdivision No. 6. Kebschull reviewed the staff report included in the packet. MOTION: Commissioner Wells MOVED to recommend City Council approve the lease application and Commissioner Koester SECONDED the motion. VOTE: Wells YES Twait YES Brvson i YES ~ Rogers EXCUSED Brookman YES Koester ~ YES Romain ,YES , ~ MOTION PASSED UNANIMOUSLY. 7-b. Discussfon -- Amendment to KMC 14.20.200 (aj -Set public hearing. Kebschull reviewed the staff report included in the packet, noting accessory structures larger than 120 square feet needed only to be five feet from the rear lot line, rather than 20 feet, and that single story was 12 feet. Commissioner comments included changing "the top of the roof' to "the highest point of the roof" Twait opened the meeting to public comment. Krsstiae Schmidt, SI3 Ash Avenue, Kenai -- Suggested a work session before a public hearing. It was noted there had been work sessions and the commission wanted public input befare proceeding. It was recommended Administration set a public hearing for the draft ordinance with the changes suggested,. PLANNING 8s ZONING COMMISSION MEETING JUNE 25, 2008 PAGE 7 135 ITEM $: PENDING ITEMS S-a. P24?-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on ai least three sides. ITEM 9: REPORTS 9-a. City Council -- Ross reviewed the action agenda items from the June 18, 2008 City Council meeting. 9-ls. Borough Planning -- Bryson reviewed the action agenda items from the June 23, 2008 Borough Planning meeting. 9-c. Administration -- Kebschull requested all commissioners come into City HaI2 to fill out a W-4 to receive payment. ITEM 14: PERSONS PRESENT NOT SCHEDULED -- None ITEM l1: IN'F`ORMATION STEMS 11-a. PZ08-37 -Landscape/Site Plan - A.F.S.S. Building - 470 N. Willow Street 11-b. ,Request for excused absence -Commissioner Rogers 11-e. Planning & Zoning Commission Roster 11-d. Zoning Bulletin -June 10, 2008 ITEM 12: COMMISSION COMMENTS ~ QUESTIONS Wells noted he attended the June 25, 2008 Chamber luncheon to hear Mayor Porter's presentation on the city budget. ITEM 13: ADJOURNMENT MOTION: Commissioner Brookman MOirED tc adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:10 p.m. Meeting summary prepared and submitted by: Lorene Hall, Deputy City Clerk PLANNING & ZONFNG COMMISSION MEEfiING JUNE 25; 2008 PAGE 8 136 CEP' T F THE I N "lac°f~~~e ~vit~i ~ Fast G~°ty ~~ ~ F~tr~~°e ~< ,~~~ 210 FidalgoAvenue, Kenai, Alaska 99611-7794 -~-~ Telephone: {907) 283-7535 /Fax: (907) 283-3014 __•~: - - ~"" www.ci.kenai.ak.us t{ra tilt' a~ 1F1L~t~V 1\~lJ 1Vl TO: Mayor Forcer and the Kenai City Council FROM: C~(~ Cary R. Crraves, City Attorney DAT1;: June 24, 200$ R£: Municipal Regulation of Cell Phone Towers under the Telecommunications Act of 1.996 and Cell Phone Moratoria During the June 1$`~' Council meeting, the issue of a cell tower moratorium came up. This memorandum is to explain the City's ability to enact such a moratorium. under federal law. I. The Telecommunications Act of 1996 ~ (the Act) was the first major change in federal telecommunications law since 1934. It was a comprehensive revision of the Telecommunications Act of 1934. Its intent was to deregulate the telecommunications industry= and paovide fnr greater competition between providers. One poriion of the Act dealt with municipalities' zoning authority to regulate cell phone tawarsZ. Although the Act claims to preserve local zonng authority regarding cell phone towers, it actually places significant restrictions on Ioca1 zoning control over them. The Act provides that, "the regulation of the placement, construction, and modification of personal wireless service facilities"s by a state or municipality: 1) May not unreasonably discriminate among providers of similar services; and 2) May not prohibit or have the effect of prohibiting personal wireless services; and 3} Must act on a request for authorization to place, construct or modify cell phone towers within a "reasonable period of time' ;and ' F.L. No. 104-104, f 10 Stat. 56 (1996). ~ 47 U.S.C. §332(c)(7). ' 471;.S.C. §332(c)(7}(B). 138 Cell Phone Memo Page 2 of 3 4) Must make a decisien denying a cell phone tower application in writing < The decision must be supported by substantial evidence in a written record. 5) No decision regulating the placement, construction or modification of a cell tower may be made on the basis of environmental (i.e. health) effects of radio frequency emissions if the facility complies with Federal Communications Regulations. The Act also provides a direct remedy to federal court if the application is denied in violation of the Acts The federal courts are required to hear such cases on an expedited basis. II. Given the proliferation of cell phone towers, some comtnunities have enacted a moratorium on permits for new towers pendu2g action on rewriting their zoning codes regarding such towers. In Kenai, such a moratorimn would have to be enacted by ordinance. While the Act does not specifically prohibit such moratoria, several have been successfully challenged on the basis that they violate it.fi Arguments have been that such moratoria "prohibit[s] or has the effect of prohibiting perscnal wireless service" or deny the applicant the right to have a decision made on the application within a "reasonable period of time." There are four factors courts evaluate to determine whether a moratorium violates the Act: I}the time between the adoption of the Act and the start of the moratorium; and 2) whether or not there are circumstances calling for deliberation and study of cell tower regulation; and 3) whether the moratorium was enacted before or after a comprehensive ordinance regarding regulation was enacted; and 4) whether or not the moratorium constitutes a de facto denial and is the result of open and vocal hostility toward cell phone towers. Determination of whether moratoria violate the act is done on a case-by-case basis.g The FCC has adopted guidelines regarding municipal cell tower moratoria.' It states such moratoria "may be utilized when a Ioca1 government needs time to review and possibly amend its land use regulations to adequately address issues relating to the siting of wireless In general, the wrinen denial must be separate from the written record and contain enough infortnation regarding the reasons for the decision fa• a court to evaluate the evidence in the record supporting the denial. Southwestern Be(1 Mobile Sys. V. Todd, 244 F.3d 51, 56 (1st Cir. 200I). The term "substantial evidence in support o€the decision" has been interpreted to mean: 1) there must be substantial evidence; and 2) the evidence nmst support the decision of the local government; and 3}the decision must be based on the local ordinance. If challenged in court, the burden of proof to show there was substantial evidence is on the local govermnent. Barnhill v City of Fairhope 1998 U. S. Dist. LEXIS 1.4056 (S.D. Ala. 1998). s 47 U.S.C. &332{c)(7)(B}{II)(v). e See S~arint Specmim v Jefferson County, 96S F. Supp 1457 {N.D. Ala. 1997); Snrint Spectrum v Town ~f Farmington 1997 U.S. Dist. LEXZS 15832 (D. Conn. 1997); Sprint Spectrum v Town of Durham, No. Civ. 47-305 1998 WL 1537756 (D. N.H. 1998); and Agt Minneapolis Inc v Stillwater v Toaatship, 2001 U.S. Dist. LEXIS 24610 (D. Mhm. 2001). ~ Apt Minneapolis lilt v Stillwater Township 2001 U.S. Dist. LEXIS 24fi10 (D. Minn. 2001}. s National Telecommunications Adviso•s v Bnard of Selectmen of the Town of West Stockhridee, 27 F. Supp. 2nd 284 (D. Mass 1998). v See the FCC's Guidelines for Faaitity Siting 1m,plemeutation at http:llwww.fec.govlstatelocalJagreement.fxt 139 CeII Phone ?vfemo Page 3 of 3 telecommunications faei[ities in a manner that addresses local concerns, provides the public with access to wireless services for its safety, convenience atld productivity, and complies with the Telecommunications Act of 1996." The guidelines also require the municipality work cooperatively with the service providers to address the issues. The maratoriurn may not be used to stall or discourage placement of wireless facilities in a community. Additionally, the moratorium should not nortnally last longer than 180 days. During drat time, the municipality should continue to accept and process applications (subject to any revised requirements), but may delay granting/denying new permits until the moratorium has expired. It also requires an informal. non-binding dispute resolution process between the wireless industry and municipality during the moratorium. III. Tf the Council wishes to enact a moratorium it should: i) enact a moratorium by ordinance; and 2) limit the moratorium to no longer than 180 days; and, 3) use the moratoriwn period to comprehensively review Kenai's cell tower zoning provisions (i.e. not a stalling tactic); 4) work cooperatively with the service providers in reviewing dze cell tower zoning provisions; and ~) ensure any amendments to the city's cell tower requirements do not violate the Act; aiid, 6) continue to accept and process new applications during the moratorium (but may delay the decision malting of new applications until the moratorium expires); and, 7) use dre informal dispute resolution process called for by the FCC guidelines during the moratorium. Please feel free to contact me if you need clarification or have questions. 140 Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention ofthe ClerkoftheAppefdate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, e-mail correeatons@appeflate.eourtsstaae. ak. ur. THE SUPREME COURT OF THE STATE OF ALASKA FRANK GRISWOLD, ) } Supreme Court No. 5-12226 Appellant, } } Superior Court No. 3H0-04-132 CI v. ) OPINZON CITY OF HOMER, ) No. 6276 -June 20, 2008 Appellee. ) Appeal from the Superior Court of the State of Alaska, Third Judicial District, Homer, Charles T. Huguelet, Judge. Appearances: Frank Griswold, pro se, Honler. Gordon 3. Tans, Perkins Coi.e, Anchorage, for Appellee. Before: Fabe, Chief Justice, Matthews, Eastaugh, and Carpeneti, Justices. [Bryner, Justice, not participating.] EASTAUGH, Justice. CARPENETI, 3ustice, dissenting. I. i1VTRODUCTION After the Homer City Council passed an ordinance limiting the floor area of stores in three City of Homer zoning districts to between 20,000 and 45,000 square feet; Homer residents passed an initiative that increased the area to 66,000 square feet for all three zoning districts. Homer resident Frank Griswold sued the city and argued that the initiative was invalid forvariaus reasons. The superior court upheld the initiative and 141 granted summary judgment to the pity. Griswold appeals, argurng that zoning is not a proper subject for an initiative. Because this zoning initiative impermissibly bypassed the Homer Advisory Planning Commission, and therefore exceeded the city council's own legislative power, we conclude that the initiative was invalid. We consequently remand for entry of judgment far Griswold. TI. FACTS ANT) PROCEEDINGS When Fred 1Vleyer, lnc. publicly announced planssn late 2002 to build a 95,000-square-foot store in Homer, the city began an extensive review of its existing zoning code to determine whether it needed to alter floor area limits for retail and wholesale stores. For two years, beginning in March 2003, the question was considered by a special task force, by the Homer Advisory Planning Commission, and by the Homer City Council in more than a dozen hearings. After analyzing issues including traffic impact, the ideal rate of development, landscaping, maintaining the local character of Homer, and protecthig groundwater, the planning commission made a series of recommendations to the city council regarding the appropriate floor area for retail and wholesale stores. While those hearings were still being conducted, Horner voters in March 2004 filed with the city clerk an initiative petition that proposefl a "footprint area" of 66,000 square feet for retail and wholesale business buildings it the Central Business District, General Commercial 1 District, and General Commercial 2 District. On April 12, 2004, the city council passed Ordinance 04-11{A), which set building floor area limits of 35,000 square feet in the Central Business District, 20,000 to 45,000 square feet in the General Commercial 1 District, and 45,000 square feet in the General Canunercial 2 District. On the same day, in response to the initiative petition, the city council scheduled an election on the initiative for June 15, 2004. The voters approved the -2- 6276 142 ,; initiative at the June 15 election; the initiative became effective on June 2I, 2004 as Ordinance 04-18. Stating that a change in the zoning code sections was "required to properly convey the will of tlae voters," and that an ordinance was "necessary to implement the will of the voters," in February 2005 the city council enacted Ordinance OS-02, adopting a maximum floor area of 66,000 square feet for retail and wholesale business buildings in the three affected zoning districts. Ordinance OS-02 amended Ordinance 04-1 l.(A} to reflect the text of the initiative. Ordinance OS-02 also effectively defined "footprint area" as "floor area," meaning "the total area occupied by a building, taken on a horizontal plane at the main grade level, exclusive of steps and any accessory buildings."I Frank Griswold challenged the initiative in the superior court, claiming among other things that the initiative process could not be used to amend the zoning code. T'he city prevailed on summary judgment. Griswold appeals. al. D>seussaoly A. Standard of Review We review a grant of summary judgment de'novo.z We decide the questions of law presented on appeal from a grant of summary judgrnentby adopting "the rule of law that is most persuasive in Light of precedent, reason, and policy."a t Homer City Code (HCC} 21.32.208. z Alaska Action Ctr., Inc. v. Municipality of Anchorage, 84 P.3d 989, 991 (Alaska 2004). s Id. -3- 6276 143 B. The Initiative Was an Invalid Exercise of the City's Legislative Authority Because It Bypassed the Hamer Advisory Planning Commission. Griswold argues that the zoning initiative is invalid for several reasons. He contends, among other things, that the zoning authority delegated to the City of Homer requires it to pass only zoning ordinances that are consistent with. the city's comprehensive plan. The city, citing Citizens Coalition for Tort Reform v. McAlpine,4 responds that the voters' constitutional right to enact initiatives should be broadly construed to pernait the voters to amend zoning laws. The city contends that because the city council has the power to enact zoning ordinances, the voters must have the same power. The power to initiate cannot exceed the power to legislate ~ To decide whether Homer voters could invoke the initiative process to amend the City of Homer zoning code we must determine the extent of the city council's zoning power and the explicit and implicit limitations on that power. The city's zoning power flows from two sources: Alaska statutes providing forplanning, platting, and Land use regulation by local governments, and Kenai Peninsula Borough ordinances delegating zoning powers to cities within the borough. ~Je first review the statutory sources of that power. Alaska Statute 29.40.010 requires first and second class boroughs to provide for "planning, platting, and a Citizens Coal. for Tort Reform v. McAlpine, 810 P.2d i62 {Alaska 1991) (stating that people's constitutional right to initiate is broad and should be liberally construed). s Municipality of Anchorage v. Frohne, 568 P.2d 3, 8 {Alaska 1977} {citations omitted) ("[Tjhe subject of the initiative must constitute such legislation as the legislative body to which it is directed has the power, to enact."). ' -4- 6276 144 land use regulatian on an areawide basis.s6 If a city within a borough consents by ordinance, the borough assembly may delegate any of its Land use regulation powers to the city. Alaska Statute 29.40.020(a) provides that the borough "shall establish a planning commission" and AS 29.40.020(b} provides that the planning commission "shall prepare and submit a proposed comprehensive plan in accordance with AS 29.40,030...."s Section .630 describes "a comprehensive plan" as "a compilation of 6 AS 29.40.010 provides: (a} A first or second class borough shall provide for planning, platting, and land use regulation on an areawide basis. {b} If a city in a borough consents by ordinance, the assembly may by ordinance delegate any of its powers and duties under this chapter to the city. The assembly may by ordinance, without first obtaining consent of the city, revoke any power or duty delegated under this section. 7 AS 29.40.010(b). s AS 29.40.020 provides: !: (a) Each first and second class borough shall establish a planning commission consisting of five residents unless a greater number is required by ordinance. Commission membership shall be apportioned so that the number of members from home rule and first class cities reflects the proportion of borough population residing in home rule and first class cifies located in the borough. A member shall be appointed by the borough mayor for a term, of hree years subject to confirmation by the assembly, except that a member from a home rule or first class city shall be selected from a list of recommendations submitted by the council:.. . (b) In addition to the duties prescribed by ordinance, the planning commission shall ,. (1) prepare and submit to the assembly a proposed {continued...) -5- 6276 ,.i 145 -~ policy statements, goals, standards, and maps £or guiding the physical, social, and economic development, both private and public, of the first or second class borough.s9 These statutes require "areawide"planning and creation ofa comprehensive plan "for the systematic and organized development" of the community, and they implicitly recognize the importance of the planning commission and the comprehensive plan to the process of regulating land use.io s(...continued} comprehensive plan in accordance with AS 29.40.030 for the systematic and organized development of the borough; (2) review, recommend, and administer measures necessary to implement the comprehensive plan, including measures provided under AS 29.40.040. AS 29.40.030 provides: (a) The comprehensive plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, bathprivate and public, of the first or second class borough, and may include, but is not limited to, the following: (1) statements of policies, goals, and standards; {2} a land use plan; {3) a community facilities plan; (4) a transportation plan; and {5} recommendations for implementation of the comprehensive plan. (b} With the recommendations of the planning commission, the assembly shall adopt by ordinance a comprehensive plan. The assembly shall, after receiving the recommendations of the planning commission, periodically undertake an overall review of the comprehensive plan and update the plan as necessary. kQ AS 29.40.010(a} ("areawide basis"}; AS 29.40.020(a} ("borough shall (continued...} -6- 6276 146 A planning commission has statutory responsibilities beyond drafting the comprehensive plan. Per AS 29.40.020{b)(2), the commission must also "review, recommend, and. administer measures necessary to implement the comprehensive plan, including measures provided under AS 29.40.040."i t Because "zoning regulations" are one of the "measures providedunder AS 24.40.040,"12 subsection.020(b){2)requires the plazming commission to "review, recormmend, and administer" zoning regulations "necessary to implement the comprehensive plan." The assembly by ordinance "shall adopt or amend" land use provisions "[i]n accordance with a comprehensive plazi" and "in order to implement the comprehensive plan."is 1D(...continued) establish a planning commission"); AS 29.40.020{b)(I) {requiring planning commission to prepare and submit a "proposed comprehensive plan :..for the systematic and organized development of the borough"). ~r as 29.40.02o{b){z>. ~ ~, ~ ~ ; iz AS 29.40.040(a}{i}. is AS 29.40.040(a}. AS 29.40.040 provides in pertinent part: {a) In accordance with a comprehensive plan adapted under AS 29.40.030 and in order to implement the plan, the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include, but are not limited to, (1) zoning regulations restricting the useoflandand improvements by geographic districts, (2) land use permit requirements designed to encourage or discourage specified uses and construction of specified structures, or to minhnize unfavorable effects of uses and the construction of stmctlnes; (3) measures to further the goals and objectives of the comprehensive plan. -7- 6276 ~cr::ic;, .. 147 The statutes therefore expressly require that the planning commission have an active role in creating a comprehensive plan for "systematic and organized" local development, reviewing and recommending zoning regulations, and adopting measures "necessary to impiement the comprehensive plan."14 The statutes implicitly recognize that the planning commission plays an important part in the formation and amendment of Local land use regulations by providing assistance to the borough (or city) to ensure tl;at development proceeds in a "systematic and organized" manner.is We now consider the second source of the city's power to regulate land use. The Kenai Peninsula Borough, by ordinance, delegated the zoning power to cities willing to accept the delegation, and also delegated to those cities power to establish a planning commission "to hear all requests for amendments to zoning codes."t~ The same is AS 29.40.020(b){1), (2); AS 29.40.040(d}(1); rs AS 29.40.020{b}(i). t6 Kenai Peninsula Borough Code (KPBC} 21.01.020 provides in pertinent part: (A) If a city by resolution of the council requests the assembly io delegate fne power to provide zoning regulation within the city, the assembly shall delegate the power. A city to which the zoning, authority is delegated may exercise all zoning powers within the city to the extent that such powers have been granted to the borough by statute, except those powers reserved to the borough by Section 21.01.010. {B) The city council is delegated the power to establish a planning commission to hear all requests far amendments to zonin¢ codes, ar for variances, conditional use permits, contract rezoning[,] or to hear all other matters coming under the zoning ardinances enacted by the city... . {continued...) -8- 6276 148 ordinance also authorized a city with this delegated zoning power to "exercise alI zoning powers within the city to the extent that such powers have been granted to the borough by statute."17 The Kenai Peninsula Borough therefore delegated the power to regulate zoning to the City of Homer, which by ordinance requested the delegation. The oity, standing in the place of the borough, was therefore obligated to establish a zoning commission, draft a comprehensive plan, and comply with state law governing planning and land use regulation. And, most relevant here, KPBC 21.01 A20(B} delegated to the city council "the power to establish a planning commission to heaz all requests for amendments to zoning codes." The City of Homer created the Homer Advisory Planning Commission, in accordance withAS29.40.020andKPBC21.01.020.is Thecitychargedthecoaannissian with holding hearings andprepazing recommendations for the city council when a zoning amendment is proposed.19 In addition, the commission may propose amendments to the zoning code.zo rc{ continued} {Emphasis added.} ,~.,; i ,. ~~ KPBC 21.01.020{A}. ~$ HCC 1.76.010(a}. iv HCC 21.70.020(c)(1}, 20 HCC 21.70.o1o{a}(2}, -9- 6276 149 The city council also has the power to propose amendments to zoning ordinances,z2 as does "any person,"zz presumably meaning any Homer resident. The relevant state statutes are clear. A borough or a city, having the power possessed by the City of Homer, cannot pass or amend a zoning ordinance without involving its planning commission in reviewing that ordinance.23 This review includes considering whether a proposed ordinance is consistent with the comprehensive plan,za A borough assembly or city council may eventually choose not to follow the recommendations of the planning commission; but the statutes preclude bypassing the planning commission altogether. Likewise, KPBC 21.01.020(B) gives the city council power to establish a plaaznuig commission to hear all requests for amendments to zozvng codes zs This provision can be read as giving the planning commission the primary authority for initial consideration of zoning amendments. At the very least, this provision confirms the commission's role in considering proposed amenchnents to an existing zoning code that was itself adopted "[i)n accordance with a comprehensive plan ...and in order to implement the plan ....„z6 It is for this reason that zoning by initiative is invalid. The Homer City Council does not have the power to pass piecemeal zoning amendments without at least zr HcC 21.7o.alo(a}{l~. z~ Hcc 21.7a.olo(n}. ,. zs AS 29.40.020. 24 AS 29.4o.oso(b}, .o2o{b>(2), .o4o(a). z5 KPBC 21.a1.o2a(B>. z6 AS 29.40.o40(a}. ,., -10- ,.~, 6276 150 giving the Homer Advisory Planning Commission opportunity to review the proposals and make recommendations. Therefore, voters, who have no obligation to consider the views of the planning commission or be informed by its expertise, cannot use the initiative process to eliminate the planning commission's role in "areawide" land use planning and regulation, and thus potentially undermine the comprehensive plan for "systematic and organized" local development.27 The city contends that we must deternine "[w]hether the Constitution and statutes preempt the use of the initiative for zoning ordinances." But, because the initiative was local, and not statewide, the power to initiate here was directly derived from AS 29.26.1OQ not article XI, section 1 of the Alaska Constitution.ZS And we conclude that zoning by initiative exceeds the scope of the legislative power granted by the legislature to the city council. The city also contends that initiatives are not "governed by all the procedures ordinarily applicable to the enactment of city council ordinances." The city seems to argue that because notice and a hearing are required for a city council ordinance but not an initiative, it is acceptable for initiatives to'bypass certain procedural requirements. But as seen above, the participation of the city's'plamiing conunission in the zoning process required by the legislature and the borough is more than just a mere procedural requirement. The facts in this case illustrate how the initiative process limits or even eliminates the intended role of a planning commission. 'The planning commission spent 27 See supra n.10. zs AS 29.26.100 provides: "The powers of initiative and referendum are reserved to the residents of municipalities, except the powers do not extend to matters restricted by art. XI, § ~ of the state constitution." -Ll_ ,,, ;; 6276 151 many months considering appropriate floor area Iimits far business buildings in the affected zoning districts. The city council charged the commission with "develop[ing1 standards for addressing large retail and wholesale development"and "recommend[ing] a size cap for large retail and wholesale development." To that end, the commission, city council, and a task force conducted more than a dozen hearings. The commission reviewed recommendations from the Large Structure Impact Task Force and the Chamber of Commerce Legislative Committee; researched necessary improvements to lighting, landscaping, stormwater drainage, and parking; and developed standards for traffic and economic impact analyses. The commission explicitly applied the standards found in the Homer Comprehensive Plan in its decision-making process. Andbefare the initiative election, the city council considered the planning commission's recammendationsand arnendedthezoning code, adopting different floor area limitations for the subject zoning districts. The voters then approved the initiative and adopted a single, and greater, limitation for all three districts before the commission completed its fmdings. Given the public hearings that were being conducted and the opportunity for public debate, it is logical to ask whether the voters had, in effect, the same access as the council to the recommendations of the planning commission, and thus whether the initiative process did not actually bypass the planning commission. The council was required to consider the commission's recommendations, even if it ultimately rejected them. The council acts as a collegial and public body; it is a matter of public record whether it addresses the commission's recommendations "and attempts to reconcile proposed amendments with the comprehensive plan and state and borough ordinances. That is not at all the process an initiative election follows. Just as the council cannot choose to completely ignore the recommendations in adopting a zoning amendment, the -12- ~ 62'76 152 voters camiot pass an initiative in'which the commission's recommendations play no formal, or perhaps even informal, role at all. The commission does more than simply give notice of hearings and allow the public to be heard on the subject of zoning ordinances. Ff a zoning amendment i proposed, the commission's role is to analyze the impact ofthe proposed changes in light of the city's development goals as stated in the comprehensive plan, and to suggest other changes that should accompany the proposed zoning amendment..zv Even if a city council chooses to disregard the recommendations of the city planning carnmission., its decision has been informed by the planning commission's consideration of the potential social andregulatarycostsandbenefitsoftheproposedamendment. Thecity'spIanning commission'sroleisnotmerely"prooedural,"butissubstaa~tive. Horner voters therefore could net bypass the commission by using the initiative power. The city argues that if an initiative fails to comply with the comprehensive plan, a court could review it post-enactment. Because the dispute here turns not on consistency with the comprehensive plan, but on the involvement of the planning commission in the amendment process, we are unconvinced by this argument. The city argues that the ultimate issue here is '"whether the Alaska Constitution or statutes do or do not delegate the power to enact zoning regulations exclusively to the city council." The city argues the people's power to enact zoning measure by initiative is precluded if the constitution and statutes delegate the power to zone exclusively to the city council. The city implies that for Griswold to prevail we must find that the city council exclusively has the power to zone. We disagree, and instead conclude that Griswold prevails because zoning by initiative eliminates the planning commission's role both specified and implied in state statutes and borough '"9 AS 29.40.040(a)(1); AS 29.40.020(b}(2). Cf. KPBC 21.01.020(B). -13- 6276 153 ordinances 30 Even if the power to zone was exclusively and ultimately delegated to the city council, the initiative process prevents the planning commission from exercising the review and recommendation power clearly delegated to it. Finally, we consider the validity of Ordinance 05-02. The city argues that because Griswold failed to adequately brief his request to strike down Ordinance OS-02, that ordinance should not be invalidated. Griswoldpreservedtheissuebelow. His complaint askedflsesuperiorcourt to "enter an injmiction preventing [the initiative's] enforcement or the enforcement of any other ordinance adopted or enacted as a result of this illegal action." Summary judgment was granted in favor of the city on that cause of action before the city council enacted Ordinance OS-02. Griswold adequately argues onappeal tbatOrdinance OS-02 wouldnot have been enacted but for passage of the initiative. The "whereas" clauses of Ordinance 05-OZ 3° Both parties cite cases from other jurisdictions that either reject or approve zoning by initiative. See, e.g., Kaiser Hawaii Kai Dev. Ca v. City & County of Honolulu, 777 P.2d 244, 247 (Haw. 1989) (holding that "[z]oning by initiative is inconsistent with the goal of long range comprehensive planning" and was not intended by legislature); see also Garvin v. Ninth Judicial Dist. Court, 59 P.3d 1180, 1190 (Nev. 2002) (holding that "[if) a city council can enact zoning legislation, the county and city voters can do the same by initiative"). The only cited case that deals with the scope of the delegated power is Transamerica Title Ins. Co, v. City of Tucson, 757 P.2d 1055, 1059 (Ariz. 1988} ("The power to zone is part of the police power and may be delegated by the State, but the subordinate governmental unit has no greater power than that which is delegated."}. Transamerica supports the views we express in this case. In Transamerica the Arizona Supreme Court adhered to a prior holding "that `zoning Iaw is exempted from the initiative process,' in order to prevent private citizens from usurping the governing body's delegated power and from circumventing the notice and hearing requirements of the zoning statute." Id. at 1058. The Arizona court noted that its holding in the case on which it relied was "in harmony with the law in the vast majority of other jurisdictions, which prohibits zoning by initiafive." Id. at 1059. _14- 6276 154. ,_ ,.~, ;; seem to estalalish that the only purpose of the ordinance was "to implement the will of the voters." The ordinance gives no indication that the council was giving independent consideration. to the planning conunission's recommendations or that it was considering the zaning amendment on its own merits in light of the comprehensive plan. We are consequently persuaded that because the initiative is invalid, the only legislative purpasa for passing Ordinance OS-02 is now ahsent; Ordinance OS-02 is therefore also invalid. IV. CONCLUSION We REVERSE the superior court's grant of summary judgment and REMAND for entry of judgment for Griswold. ~,r ,: ,~: -15- 6276 155 GARPENETI, 3ustice, dissenting. Because die initiative power gives voters the ability to legislate without being subject to the restrictions applicable to other legislative bodies, T cannot agree that the procedural requirements applicable to the Homer City Council apply to a voter initiative that involves a zoning ordinance. Therefore, l respectfully dissent. The court reasons that Hamer voters' power to initiate is limited by the Horner City Council's power to legislate, and therefore voters must necessarsly follow the same procedures as the city council. The court effectively holds that voters step into the shoes of the city council when attempting to initiate an ordinance that involves zoning laws, and therefore the initiative must be reviewed by the planning commission before the voters may pass it. There are four reasons I believe the court's reasoning is flawed. First, and most importantly, under the Alaska Statutes and the Alaska Constitution the voter initiative is intended to be a sui generis means of legislating that is not subject to the procedures applicable to regular lau~rnaking. Alaska Statute 29.26.100 grants municipal voters the power to initiate legislation. It provides that"[tjhe nowers of initiative and referendum. are reserved to the residents of municipalities, except the powers do not extend to matters restricted by article XI; section 7 of the state constitution."1 There are no other limitations on the voters' power to initiate that are relevant to this case. The process for exercising the initiative at the municipal level is fairly straightforward. A proposed hritiative is first reviewed by the municipal clerk to r Homer City Code 4.60.010 makes this provision applicable to elections in the City of Homer. It states: "The provisions of Alaska Statii`te 29.26 Article 2, relating to Initiative and Referendum are incorporated into this chapter as if fully set out " -16- 6276 ~. . 156 determine that it meets certain substantive requirements? The initiative's sponsors must then gather the requisite number of signatures to support the initiative petitions Where both these conditions are met, the initiative is to be submitted to the voters° and "[i]f a majority vote favors the [inifiated] ordinance or resolution, it becomes effective ugon certification of the election, unless a different effective date is provided in the ordinance or resolution: 's Similarly, the Alaska Constitution requires that statewide initiatives be subject to a teehnicai and subject matter review6 and provides that an initiative will be enacted "(i]f a majority of the votes cast on the proposition favor its adopfion ... "7 Z AS 29.26.110(a) provides in relevantpart: [T]he clerk shalt certify the appiication if the clerk finds that it is in proper farm and, for an initiative petition, that the matter (1) is not restricted by AS 29.26.100; (2) inciudes only a single subject; (3) relates to a legislative rather than to an administrative matter; and (4} would be enforceable as a matter of law. s AS 29.26.130. a AS 29.26.170. s 6 AS 29.26.170(4}. r-~ ,:. See ALASKA CONT. art. XI, § 2. ~ Article XI, section 6 of the Alaska Constitution provides: If a majority of the votes cast on the proposition favor its adoption, the initiated measure is enacted. If a maj ority of the votes cast on the proposition favor the rejection. of an act (continued...) -17- 157 6276 The Alaska Constitution also makes clear that the procedural requirements for enacting an initiative are different from the procedures applicable to the regular legislative process. In order for the state legislature to pass a bill, the bill must go through at least "three readings in each house on three separate days, except that any bill may be advanced from second to third reading on the same day by concurrence of three-fourths of the house considerhig it" and be approved by "an affirmative vote of a majority of the membership of each house."8 Unless the governor vetoes the bill within fifteen days after its passage, it will become law.9 The differences between the regular legislative process and the procedures for statewide initiatives demonstrate that the framers of our constitution envisioned a separate, simplified process for initiative elections, one not generally subject to the constraints imposed on the legislature. The special treatment afforded to the initiative process stems from the fact that the initiative is a form of direct democracy. As the Supreme Court of California has explained, "[t)he original proponents of the initiarive and referendum sought to give the electorate the ability to govern directly by majority (...continued) referred, it is rejected... , An initiated law becomes effective ninety days after certification, is not subject to veto, and may not be repealed by the legislature within two years of its affective date, It may be amended at any time. . Additional procedures for the initiative and referendum may be prescribed bylaw. s ALASKA CONST. art. II, § 14, ~ ALASKA CONST. art. II, § 17. If the governor exercises a veto, a bill may become law ifthe legislature overrides the governor's veto pursuant to the requirements of article II, section 16 of the Alaska Constitution. -18- 6276 158 rule: this was to be true democracy as distinguished from representative democracy."10 That court has also held that a right of such importance should be "jealously guard[ed].'>u By importing requirements applicable to a different legislative body, the court today does exactly the opposite. Its approach not only ignores the fact that initiative elections stand apart from the traditional legislative process, but also weakens voters' ability to participate directly in the affairs of the city in which they live. In Brooks v. N?rightfz we stated that the constitutional framers "chose to include the initiative process as a Iaw-making tool with full knowledge of the risks inherent to direct democracy.if3 Today's decision ignores Brooks's wisdom. Second, the court overlooks that the legislature has imposed explicit subject matter prohibitions on municipal initiatives and has declined to include zoning among those prohibitions. Alaska Statute 29.26.100, in preserving the powers of initiative and referendum to residents of municipalities, incorporates the limitations that article XI, section 7 of the Alaska Constitutionf4 imposes upon those powers. That fo Citizens Against Rent Control v. City of Berkeley, 27 Cal. 3d 819, 826 (19$0), rev'd on other grounds, Citizens Against Rent Controi/Coalition for Fair Housing v. City ofBerkeley, 454 U.S. 290 (1981}; see also McKee v. City afLouisville, 616 P.2d 969, 972 (Colo. 1980} (describing power.of initiative as "a fundamental right at the very core of our representative government"). ff fx f3 14 DeVita v. County of Napa, 9 Cal. 4th 763, 776 (1995} (citation omitted). 971 P.2d 1025 {Alaska 1999}. Id. at 1029. This section provides in full: ~i, ' „ The initiative shall not be used to dedicate revenues, make or (continued..,) l9- ~"' 6276 rrr, 159 constitutional section lists five matters that may not he the subject of an initiative: (I) dedication of revenues; (2) appropriations; (3) creation of courts; (4) changing of court rules or jurisdictions; or (S) local or special legislation.is If the legislature intended to prohibit zoning by initiative, it could easily have included zoning among the prohibited subject matters. That the legislature did not employ this simple and. direct means to prohibit zoning by initiative strongly suggests that it did net intend to accomplish the same result through the roundabout means the court today attributes to it. ia(_..cantinued} repeal appropriations, create courts, define the jurisdiction of couris or prescribe their rules, or enact Iocal or special legislation. The referendum shall not be applied to dedications of revenue, to appropriations, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health, or safety. is The only prohibited subject matter listed in article XI into which the initiative ordinance could potentially fall is "local or special legislation." Because the dish7cts affected were all commercial and the initiative appears to have been 4ntended to promote commercial development of those areas, I wouldhold ifdoes not constitute local or special lcgislativii. See BoUCiier v. ngsiroYn, S28 P.2d4'/6, -"rv`.°~ (Aia3ia i97-"r) ("[Classifications based upon population or territorial differences] will be sustained where founded upon a rational difference of situation or condition existing in the objects upon which it rests, and where there is a reasonable basis for the classification in view of the objects and purposes to be accomplished."} (citations omitted},partially overruled on other grounds, McAlpine v. Univ. of Alaska, 762 P.2d 81, 8S (Alaska 1988). Article XII, section l1 of the Alaska Constitution creates acatch-all restriction that prohibits the initiative from being used where it would be "clearly inapplicable," which this court has interpreted as applying only where "even 55 idiots would. agree" that the subject matter was inapplicable to the initiative process. Brooks, 971 P.2d at 1028 {citation. omitted}. However, AS 29.26,100 does not incorporate this prohibition, and thus the "clearly inapplicable" restriction may not apply to municipal elections. -20- 6276 160 Third, the court bases its decision to prohibit zoning by initiative on the concern. that allowing zoning by initiative would undermine comprehensive zoning.16 But zoning ordinances, whether they are enacted by the voters or by the city council, are subject topost-enactment review. We explained in Brooks that "[c]oncerned parties can .. ,bring apost-election substantive challenge to what they may believe is anill-advised law."g7 In Price v. Dah718 we suggested that an ordinance could be challenged on the grounds that it is inconsistent with the comprehensive plan, stating, "[b}orough Iand use regulations are to be `in accordance' with. the comprehensive plan."t9 Thus, I believe the initiated ordinance was subject to apost-enactment challenge on the grounds drat it failed to comply with Homer's comprehensive plan. Finally, the court's decision conflicts with well-reasoned holdangs from other states that have addressed zoning by initiative. California has definitively resolved the issue before us today in favor of allowing zoning by initiative. As the California Supreme Court succincdy explained, "[p}roceduraI requirements which govern [City} Council action ... generally do not apply to initiatives, any more than the provisions of the initiative law govern. the enactment of ordinances in council." 20 The Nevada 16 Opinion at 10-11. 17 971 P.2d at 1030. ss 912 P.2d 541 {Alaska 1996). rn Id. at 542 (citing AS 29.40:040(a}, which provides that zoning ordinances shall be adopted "in order to implement the [comprehensive},plan"}. 20 Assoc. Home Builders, Inc. v. City of Livermore, '557 P.2d 473, 479 (Cal. 2976) (citation omitted); accordDeVitav. CountyofNapa, 889P.2d 1019,1037-38 (Cal. 2995) (allowing initiative to amend Napa's general plan despite failure to comply with procedures county planning agency must follow to enact amendment}. -21- _ ~ 6276 ,,~. 161 Supreme Court similarly concluded that voters could enact zoning laws through the initiative process without fallowing the procedures applicable to the city council. attempting to enact the same ordinance.21 In bath cases special procedures applied to the enactment of zoning laws by the local government bodies, but the courts nevertheless recognized that subjecting voter initiatives to those procedures would impermissibly restrict the voters' initiative powers. In sum, the initiative process is unique, When exercising the initiative power, municipal voters do not simply step into the shoes of the legislative body they are bypassing, as the court today assumes. Instead, voters in an initiative election are participating in a process that is separate from the regular means used for legislating. Because the initiative process is intended to be separate from the prooedures that the Homer City Council must follow when passing a zoning ordinance, the initiative ordinance in this case should not be subject to review by the Homer Advisory Planning Commissian. I would hold that the initiated ordinance does not violate any of the subject matter restrictioivs imposed by article XI, section 7 of the Alaska Constitution (and made applicable to municipal elections through AS 29.26:100 and to elections in Hamer through HCC 4.60.010), and I therefore would affirm the superior court's grant of summary judgment to the City of Homer. zi Gurvin v. Dist. Court, 59 P.3d 1180, 1190 (Neu: 2002). -ZZ- .' ~ ~~ 6276 162 INFOI2IddATIdPI ITEM5 I~ENAI CITY CdUI3~TL IVYEETING JiJL,Y 2, 20®8 7/2 j2008 Purchase Orders Between $2,500 and $15,000 for council review. 2. 6f 24/08 Public Works Department, Project Status Report. 6/25/08 City of Kenai Dock Rate Schedule. 163 0 o O o o a o 0 0 °o O ~ °o °o m 0 0 0 ~~ 0 0 0 0 M m ~u d o ti r. c ci cD o rn o co ~~ rn ,°~ ~ m 'tl' o O .- O h O M O N o ~ CO h Gn CY N to h h r d' O tp M 7 ~ ri v cd v o2 cd ci ~i ° cv = v ri .M- r r J 0 U O 0 ere Q '4Q O o eo ~ O ~ ~ ~ ~ ~ O W ~ ~ ~ O jj "` U Lg~. U m w w ~ U try G7 j tp Z w w ~ ~ u~i ~ ~ rn rn a a U' z ~ z ~ ~ ~ ¢ ~' ca o o v v~~ ca o a a a ~ w v c=i ~ ~' a z z~ d~ o~ j J oa. ~ a ¢ ~ o ~ c~i> O ~ uz3 ~ o a o ~ ~ ~ vai ~ m `s o ~ a W (~ F {~ ~ f~ O W ~ w ~ W ~ ~ W Y W ~' ea¢t U W Z LL. tL X a a ~ tY K ~ ~ ~ m O '~ ¢ S mod' Z O d Q LL Z ~ ~ K a a~`. O .r 4 to u`: cn 0. O N a z ~ 0 0 o w ~ y ~ ~ m Z U ~ W _ 4 X "1 w [t3 C} ¢~c~ ~ p t~ J `6 ? ~ CY to C5 ~ ~ ~ ~ z d ¢ ° ¢ w ~ ~ v z y a ~ ~ ~ ~ ~ w cra ~ ~ ~ u. ~ v ~ ~ a `r d W ~ e~ a F W U Z ~ ~ ~ N ~ U O ~ ~ ~ N J N Q O ~ Z N 7- d ~ ~ ~ ~ ~ N 5 a °- z z °' ~ eY~ X N U O C~ ~ ~ 2 ly- Y (~ ~ F :~ W ~ fl¢.. Z W Q ~ N m ~ ¢ till cn Z Z tP}t 4 n" ~ O a a ~ J ¢~ w o aU 7 ~ ~ w ~ O z ? O ~ a cwn W ~ m ~ Ca9 Z ~ ~ 'S ~ ~ ~ C¢F ~ Q U W 164 A-Active Proj ect ta tu epart NO=Non-Construction RK -Rick Koch F=Future WO -Wayne Ogle MK - Marilyn Kebschull STIP=State Trans. Imp st~~ S~ A WO Airport Runway Safety Working on completing project by July 3?, 2008. Zone/Exfension A UUO AP Urea Storage Building. Project awarded to Sterchi Construction. A WO Kenai Boat Launch Road Culvert heing installed week of 6123. Project is a Culvert Replacement cooperative effort with the U.S. Fish and Wildlife Service, City of Kenai, and Kenai Watershed Forum. F&WS will provide culvert. A RK Kenai River Blutf Erosion The Corps has received funds io help u`rith the Control Project design and answer any qussfinns from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M drilled monitoring webs. A WO LID's -Shamrock Circle Project awarded to Alaska Roadbuiiders by change order. A RK Marathon Road Improveme nts Bid opening scheduled for July 8. A WO Public Safely Garage Project awarded to Holden Company. A WO Thompson Park LID Project awarded to Alaska Roadbuiiders. NTP issued. A RK Water System .Drilling new test well at Second and Spruce Streets. A WO Wildwood Drive Improveme nts Preliminary engineering complete. ROW issues, Project on hold. F WO Contaminated Soils -Shop Further work in progress Tuesday, June 24, 2008 Page 1 of 1 165 CITY ~F KEINAI - CQCK RATE C CULE Rick R. Koch, City Manager June 25, 2008 4LENAI HAR80R RATE SCHEDULE The City Manager shall establish the fees, rates, and charges for the billing and collections for the support of the harbor. The City Manager reserves the right to change the rate schedule at any time. There is a 6% sales tax added to the total invoice (3°1o City and 3% Borough). RATE SCHEDULE SU~It~ARI` 1 1. Product wharfa e wlcrane; w!o forklift -__ $ 0.0?flb j Non-product wharfage (ice nets staples etc.} 0.0411b. Purchases Purchases Purchases Under 560 500 al. 2000 al. ~ 2. Fuel C~aso6ine Regular Gallons 4.565 or more . or more 4.515 i State Marine Tax ; .050 ~ .050 Federal Tax 184 .184 Total $/ al. 4.80 4.75 ' I Diesel #2 5.522 . 5.472 y 5.148 ~ State Marine Tax .050 .050 ' 050 ~ Total $/ ai. 5.57 5.52 ~ 5.20 i ~. _ i US2Q t~11 DUm fn-- ma n~~,..,i y~~.uw ai. 4 Boat Launch Ramp 0-10 min. _ $15.00' Includes Parkin with Trailer Each min. over 10 min. _ $1.00/min. `' i Seasonal ass er boat = $1501season 5. Parking Only 1f with trailer, must a launch fee $10.00/da Seasonal Pass for Parkin $100.00/Season , 6 Tie Up Fee A Skiffs tied to land side of concrete dock ; $?.00/day Seasonal Pass er boat $150lseason B. Boats tied to buo in river _ $10.00ida Seasonal Pass er boat $1501season 7. _ Farkliftw/O erator 1/2-hr. minimum _ $50.00/hr. I 8._1 City Labor Charges for calf out (2-hr. min. $40.04/hr. 166 CYTY OF KENAf NOTICE OF PUBLIC HEARING JULY 2, 2008 NOTICE IS HEREBY GYVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) at its regular meeting of July 2, 2008. 1. Ordinance No. 2321-2008 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Project Fund and $750,000 in the Street and Sewer Capital Project Fund for Public Improvements. 2. Ordinance No. 2322-2008 -- Placing on the Ballot for the Next General Election the Question As to Whether the Municipal Officers of the City of Kenai Should be Exempt From the Provisions of the State of Alaska Financial Disclosure Statutes (AS 39.50). 3. Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. 4. Ordinance No. 2325-2008 -- Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine of $500 for Trespass in Violation of KMC 3.20.010. 5. Resolution No. 2008-40 -- Contributing $5,000 to the Central Area Rural Transit System, Inc. (CARTS) for Fiscal Year 2008-2009 Transit Services. 6. Resolution No. 2008-41 -- Awarding the Bid to Alaska Enviroscape for Leif Hansen Park Sprinklers Installation - 2008 for the Total Amount of $52,630. The public hearing will commence at 7:00 p. m., or as soon thereafter as business permits, in t$e Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 21.0 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances may be amended by the Council prior to adoption without further public notice. COUNCIL PACKET DISTRIBUTION 1 COUNCIL MEETING DATE: ~/~/~~ 1 Ma or/Council Attorne / Taylor/S ringer ,.--' Clerk / Cit Mana er l Kebschull/Carver Police De artment Finance ,,-~ En ineer Senior Center Air ort Kim r Librar ,,r Parks & Recreation .-- Clarion Fire De artment / Schmidt = Mellish Student Rep. KSRM AGENDA DISTRIBUTION Sewer Treatment Plant I I Streets Sho Dock Building Maintenance Animal Control Water/Sewer 0 'Counter DELIVER Council and Student Representative Packets to Police Department Dispatch. desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed ns soon ns possible on packet dny. The camern-rendy agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsu/a C/orion (at email folder Work Session/Special Meetings, or Composition in Contacts or IbeIlC~acsalaska.net}. Home Page documents (agendn, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the eity's webpage as soon as possible before leaving the office for the weekend.